CHAPTER 403

FORMERLY

HOUSE BILL NO. 608

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 5 OF TITLE 13 OF THE DELAWARE CODE RELATING TO DOMESTIC RELATIONS.

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

Section 1. Amend Section 513(b)(1), Chapter 5, Title 13 of the Delaware Code by striking the word "Where" at the beginning of the first sentence of said paragraph and substituting in lieu thereof the phrase "Except in cases brought under Title IV-0 of the federal Social Security Act described in Section 513(b)(1)a., where".

Section 2. Amend Section 513(b)(1), Chapter 5, Title 13 of the Delaware Code by adding thereto a new subparagraph to be designated as (a). which shall read as follows:

"(a). In any case brought under Title IV-D of the federal Social Security Act, where a duty to support has been determined to exist and a new or modified support order is established, the Court shall attach the obligor's income, If any, as of the effective date of the order; except that such income shall not be subject to such withholding under this subparagraph in any case where (i) one of the parties demonstrates, and the Court (or administrative process) finds that there is good cause not to require immediate income withholding or (Ii) a written agreement is reached between both parties which provides for an alternative arrangement."

Section 3. Amend Section 513(b)(1), Chapter 5, Title 13 of the Delaware Code by adding a new subparagraph to be designated as (b) which shall read as follows:

"(b). In any case where an order of support is not subject to Immediate income withholding under section 513(b)(1)a. of this chapter, the obligor's income shall be attached automatically upon the filing of a verified notice by the obligee of a default in payment for seven (7) working days, or the earliest of:

(1) the date as of which the obligor requests that such withholding begin;

(II) the date as of which the obligee requests that such withholding begin, and the State determines such request is appropriate; or

(III) such earlier date as the State may select."

Section 4. Amend Section 516(d), Chapter 5, Title 13 of the Delaware Code by striking the word "Bureau" as the same appears in the first sentence of said subsection and substituting in lieu thereof the word "Division".

Approved July 18, 1990.