SENATE BILL NO. 133
AN ACT TO AMEND CHAPTER 5, TITLE 13, DELAWARE CODE RELATING TO CHILD SUPPORT ENFORCEMENT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Section 513, Chapter 5, Title 13 of the Delaware Code by striking (b)(1) and (b)(1)a. in their entirety and substituting in lieu thereof the following:
"(1) Where a duty to support has been determined to exist and a new or modified support order is established, and regardless of whether support payments are in arrears, 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:
a. One of the parties demonstrates, and the Court (or
administrative process) finds that there is good cause not to require immediate income withholding. Any finding that there is good cause not to require immediate income withholding must be based on at least: (1) a written determination that, and explanation by the Court or administrative authority of why, implementing immediate income
withholding would not be in the best interests of the child and; (11) proof of timely payment of previously ordered support in cases involving modification of support orders, or
a. A written agreement is reached between both parties which provides for an alternative arrangement. As used herein, 'written agreement' means a 'written alternative arrangement signed by both parents, or by the obligor and a representative of the Division of Child Support Enforcement in cases brought under Title IV—D of the federal Social Security Act (42 U.S.C., Section 651 et seq.] in which there Is an assignment of support rights to the State, and reviewed and entered in the record by the Court or administrative authority."
Section 2. Amend Section 513, Chapter 5, Title 13 of the Delaware Code by redesignating the existing subsection (b)(1)b. as subsection (b)(1)c. and by striking the words "subparagraph a." as they appear in the second line thereof and substituting in lieu thereof the words "subparagraph (1)."
Approved July 2, 1993.