Delaware General Assembly


CHAPTER 296

FORMERLY

SENATE BILL NO. 398

AN ACT TO AMEND SUBCHAPTER II, CHAPTER 5, TITLE 13 OF THE DELAWARE CODE RELATING TO VIOLATION OF SUPPORT ORDERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §516. Subchapter II, Chapter 5, Title 13 of the Delaware Code by adding a new subsection (i) as follows:

"(i) Upon a finding by the Court of a violation of a support order after notice to a defendant and a hearing on a rule to show cause, and in the case of a defendant who derives income from self-employment by an employer not subject to the jurisdiction of the Court, or any other type of employment which makes the attachment of wages impractical, the Court shall require the person to enter into bond to the Court in the amount of the past-due support plus a sum fixed by the Court to insure the payment of support plus a sum fixed by the Court to insure the payment of support as it becomes due for a period of not less than three months, with sureties approved by the Court, conditioned upon the person making payment as previously ordered. The Court may order the cancellation of the bond upon proof of full payment of past-due and current support pursuant to the support order, as follows:

The Court may order the cancellation of a bond imposed for a first violation of support order after proof of full payment of past-due and current support payments;

The Court may order the cancellation of a bond imposed for a second violation of support order twelve months after proof of full payment of past-due and current support payments;

The Court may order the cancellation of a bond imposed for a third violation of support order twenty-four months after proof of full payment of past-due and current support payments.

Approved June 30, 1984.