CHAPTER 139

FORMERLY

SENATE BILL NO. 248

AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 5, SUBCHAPTER II, TITLE 13 OF THE DELAWARE CODE RELATING TO CIVIL ENFORCEMENT OF THE DUTY OF SUPPORT.

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

Section 1. Amend §513 of Chapter 5, Subchapter U, Title 13 of the Delaware Code by designating the first paragraph as subsection (a) and by adding a new subsection (b) to read as follows:

"(b) Where a duty to support has been determined to exist, the Court shall attach the defendant's wages, if any; provided, however, that the Court may stay its order of wage attachment upon the condition of future compliance with the order of support, with said stay to be automatically lifted upon the filing of a verified notice by the petitioner of a default in payment for seven working days. The defendant shall be informed of the action that will be taken upon the filing of the verified notice by petitioner."

Section 2. Amend §513(4), Chapter 5, Subchapter Ii, Title 13 of the Delaware Code by adding thereto the following after the word petitioner:

", provided however, that in all proceedings relating to a violation of an order of support for a spouse or child in which the petitioner is a prevailing party, the Court shall order the defendant to pay the expenses of litigation, including reasonable counsel fees Incurred by a petitioner."

Section 3. Amend §513, Chapter 5, Subchapter Ii, Title 13 of the Delaware Code by redesignating subsection (4), as amended, and subsections (5) through (10) as subsections (5) through (11) respectively, and by adding a new subsection (4) to read as follows:

"(4) Order the defendant to elect medical Insurance coverage for a child available through his employment or to pay directly the cost of medical insurance coverage for a child:"

Section 4. Amend §516(d), Chapter 5, Subchapter II, Title 13 of the Delaware Code by adding the following sentence to said subsection:

"Upon the termination of the defendant's employment, the employer shall notify the Court of said termination and shall provide the Court, if known, with the defendant employee's last-known address, along with the name and address of his future employer."

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

"(h) The Court or the Bureau of Child Support Enforcement shall notify the Department of Health and Social Services of any arrearage of support payments due from a defendant in order that the Department may proceed to setoff said arrearage pursuant to 30 Delaware Code SS1205 through 1209 against any refund of personal income taxes to which said defendant may be entitled."

Approved July 11, 1983.