Delaware General Assembly


CHAPTER 297

FORMERLY

SENATE BILL NO. 475

AN ACT TO AMEND CHAPTER 15 of TITLE 13 AND CHAPTER 9 OF TITLE 10, DELAWARE CODE, RELATING TO DOMESTIC RELATIONS; AND PROVIDING SOLE JURISDICTION OVER DIVORCE AND ANNULMENT PROCEEDINGS TO THE FAMILY COURT; AND FURTHER PROVIDING A SUPPLEMENTARY APPROPRIATION THEREFOR.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §1503, Chapter 15, Title 13 of the Delaware Code by striking the word "Superior" as the same appears in subsection (2), and substituting the word "Family" in lieu thereof.

Section 2. Amend § 1503, Chapter 15, Title 13 of the Delaware Code by striking subsection (6) thereof in its entirety.

Section 3. Amend § 1504, Chapter 15, Title 13 of the Delaware Code by striking the word "Superior" as the same appears in subsection (a), and substituting the word "Family" in lieu thereof.

Section 4. Amend §1507, Chapter 15, Title 13 of the Delaware Code by striking the word "Superior" wherever the same appears in subsection (a), and substituting the word "Family" in lieu thereof.

Section 5. Amend §1507, Chapter 15, Title 13 of the Delaware Code by striking the word "Prothonotary" as the

same appears twice in subsection (c), and substituting the words "Clerk of the Family Court" in lieu thereof.

Section 6. Amend subsection (a), Section 1508, Chapter 15, Title 13 of the Delaware Code by striking the word "Prothonotary" as the same appears in paragraph (I) of said subsection, and substituting the words "Clerk of the Family Court" in lieu thereof.

Section 7. Amend §1508, Chapter 15, Title 13 of the Delaware Code by striking the word "Prothonotary" as the same appears in subsection (d) and substituting the words "Clerk of the Family Court" in lieu thereof.

Section 8. Amend § 1508, Chapter 15, Title 13 of the Delaware Code by striking the word "Superior" as the same appears three times in said Section, and substituting the word "Family" in lieu thereof.

Section 9. Amend §1508, Chapter 15, Title 13 of the Delaware Code by striking the word "Prothonotary" wherever the same appears in subsection (e) of said Section, and substituting the word "Clerk" in lieu thereof.

Section 10. Amend §1518, Chapter 15, Title 13 of the Delaware Code by striking the word "Prothonotary" as the same appears in subsection (d), and substituting the words "Clerk of the Family Court" in lieu thereof.

Section 11. Amend § 1519, Chapter 15, Title 13 of the Delaware Code by striking the words "the support obligation decreed" as the same appear in subsection (c), and substituting the words "support obligations formerly decreed" in lieu thereof.

Section 12. Amend §1519, Chapter 15, Title 13 of the Delaware Code by striking the following:

"; but if it shall be made to appear to the Superior Court that entered such Order that no Family Court of any county in this State shall have jurisdiction to entertain proceedings with respect to an Order entered under §1512, for whatever the reason, then the Superior Court that originally entered such Order shall enforce the same, and such Superior Court, on a proper showing by either such petitioner or such respondent or on its own motion, may modify or terminate the support obligation decreed thereby".

Section 15. The sum of $37,392 is hereby appropriated to Family Court for the purpose of carrying out the provisions of this Act.

Section 16. This is a supplementary appropriation and the funds hereby appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated.

Section 17. The funds herein appropriated remaining unexpended or unencumbered on Jun 30, 1976, shall revert to the General Fund of the State of Delaware.

Section 18. This Act shall become effective ninety (90) days after the day on which it is enacted into law. Actions commenced prior to the effective date of this Act shall be governed by the provisions of Chapter 15, Title 13, Delaware Code, operative prior to such effective date and those provisions shall remain in effect as to those actions as if this act were not in effect.

Approved August 21, 1975