CHAPTER 216

FORMERLY

SENATE BILL NO. 162

AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NOS. 2, 3, 4 AND 5

AN ACT TO AMEND TITLES 7, 10, 13, 16, 18, 21, 29 and 30 OF THE DELAWARE CC RELATING TO PATERNITY AND CHILD SUPPORT OBLIGATIONS AND 1 DIVISION OF CHILD SUPPORT ENFORCEMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE DELAWARE (Two-thirds of all members elected to each House thereof concur therein):

Section 1. Amend Title 13, Delaware Code by adding a new Chapter 22 to real follows:

"Chapter 22. Division of Child Support Enforcement.

§2201. Designation of Title IV-D Agency

The Division of Child Support Enforcement is hereby established within the Department of Health and Social Services. Said Division shall constitute the IV-D agency authorized under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.). In addition to the powers duties described in this Chapter, the Division of Child Support Enforcement shall have the power to perform and be responsible for the performance of all duties and functions heretofore vested in the Division of Child Support Enforcement under 29 Del. C. §7930 and the Bureau of Child Support Enforcement pursuant to Executive Order No. 76, dated June 30, 1975.

§2202. Powers and Duties

The Division of Child Support Enforcement may:

(a) accept, transfer, and expend funds, made available by the federal or state government or by another public or private source for the purpose of carrying out this chapter;

(b) adopt rules, regulations and procedures for the provision of child support services

(c) initiate legal and administrative actions necessary to implement this chapter; and

(d) enter into contracts or agreements necessary to implement this chapter.

§2203. Title IV-D Services.

(a) The Division of Child Support Enforcement may provide all services require authorized by Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et E including, parent locator services, determination of paternity, establishment of support and medical support obligations, review and adjustment of child support or enforcement of child support, spousal support, and medical support orders, and collection and disbursement of child support payments.

(b) The Division of Child Support Enforcement may enter into agreements or cont with federal, state or other public or private entities or individuals for the purpose of carrying out its duties and responsibilities under federal and state law.

§2204. Support Payments.

(a) In compliance with federal and state law, the Division of Child Support Enforce is authorized to receive and disburse support payments made on behalf of each ob who is a recipient of public assistance, who signs an application to the Division for child support services pursuant to Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), or who receives child support pursuant to an income withholding order issued by the Court or Division pursuant to §513 of this Title.

(b) In all cases in which the Division is authorized pursuant to subsection (a) to receive and disburse support payments, the Division may administratively change the payee to the Division. Such change shall not occur until the Division has provided prior notice of the change to all parties under the support order and offered an opportunity for any party to contest the change in payee. The Division shall establish procedures for a party to challenge the administrative change in payee.

(c) A child support obligor shall have no right of reimbursement from the Division of Child Support Enforcement for any child support payment received and disbursed by the Division to an obligee who is not a recipient of public assistance.

§2205. Administrative Authority,

(a) In all cases enforced under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651, et seq.), the Division of Child Support Enforcement is authorized to take the following actions, for the purpose of establishing paternity, or establishing, modifying or enforcing a support order, without the necessity of obtaining a Court order:

(1) Order genetic testing for the purpose of establishing paternity;

(2) Request, and obtain access to, information on the employment, residential address, social security number, compensation and benefits of any employee or contractor of an entity in the State, including for-profit, nonprofit, and governmental employers, and any member of a labor organization;

(3) Request, and obtain access to, information contained in the records of State and local government agencies, regarding a putative father, an obligor, or an obligee, which includes, but is not limited to, the following:

(i) State income tax returns and all other state income tax information including, but not limited to, documents or records provided in support of a tax return by an employer, financial institution, or other holder or source of income;

(ii) Division of Motor Vehicles information including, but not limited to, proper name spelling, physical description, date of birth, location, date of last contact with the Division of Motor Vehicles, license expiration date, vehicle registration, violations, and warrants;

(iii) Public housing authority records;

() Vital statistics records and information including, but not limited to, birth, marriage, divorce and death records;

(i) Criminal history record information including, but not limited to, arrest, conviction, incarceration, parole, and employment information;

(ii) Credit bureau information including, but not limited to, credit history, location, and dates of credit application;

(iii) Deed or title registry records; and

(iv) Any other information deemed necessary by the Division to assist in administering the child support program.

(4) Request, and obtain access to, information contained in the records o financial institutions, with respect to individuals who owe or are owed support (c against or with respect to whom a support obligation is sought);

(5) Issue an administrative subpoena to any individual, state or local government agency, private company, institution, or other entity seeking financial or other information needed to establish paternity, or to establish, modify or enforce a support order;

(0) Issue an administrative subpoena, pursuant to subsection (5), seeking the name, social security number, residential address, employer, and employment address of any parent or custodian that appears in the customer records of a public utility or a cable television company;

(1) Order income withholding pursuant to §513(b)(12) of this Title; and

(2) Institute collection procedures pursuant to §2207 of this Title.

(b) Any individual, state or local government agency, private company, institution, or other entity providing information in response to a request by the Division or an administrative subpoena issued by the Division shall be immune from any civil or criminal liability based on such compliance unless the individual, state or local government agency, private company, institution or other entity knowingly provided false information.

() If any individual, private company, institution, or other entity fails to comply with an administrative subpoena issued by the Division of Child Support Enforcement, the Division may compel compliance with said subpoena by filing a motion to compel in the Family Court, which shall have jurisdiction to hear such actions. The Family Court may order costs, attorney's fees and/or a civil fine not to exceed $1,000 if the motion to compel is granted.

(a) Upon request, the Division of Child Support Enforcement shall make available information, as provided in this section, for use by federal and state agencies conducting activities pursuant to Title IV-D of the Social Security Act (42 U.S. C. Sec. 651 et seq.).

(b) Information obtained by the Division of Child Support Enforcement under this Section shall be used only for purposes related to the child support program administered pursuant to Title IV-D of the Social Security Act (42 U.S. C. Sec. 651 et seq.).

§2206. Confidentiality of Records.

(a) Except as provided by subsection (b) of this section, all files and records of services provided under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), including information related to a custodial parent, noncustodial parent, child, and an alleged, putative, or presumed father, are confidential and for purposes of the Freedom of Information Act, 29 Del. C. 100, these files and records are specifically exempted from public disclosure.

(b) The Division of Child Support Enforcement may use or release information from the files and records for purposes directly connected with the administration of the child support program, including the release of information to other State agencies operated pursuant to Title IV-D of the Social Security Act. The Division may also release information from its files and records to a consumer reporting agency in accordance with §2217 of this Title.

§2207. Enforcement by the Division of Child Support Enforcement.

The Division of Child Support Enforcement is hereby authorized to initiate enforcement of any child or spousal support order, issued by a Court or administrative agency of this or any other State or jurisdiction, that is being enforced pursuant to Title IV, Part D of the Social Security Act (42 U.S.C. Sec. 651 et seq.). Said enforcement shall include, but not be limited to, income withholding initiated pursuant to §513 of this Title; administratively adding an amount to be paid toward arrears in addition to any current support amount ordered; demand letters; initiation of contempt proceedings; use of state and federal income tax refund intercept programs; use of attachment, levy and garnishment; use of a private collection agency or contractor; and any other civil remedy available for the enforcement of judgments or for the enforcement of support orders.

§2208. State Directory of New Hires

(a) General. There is hereby established within the Division of Child Support Enforcement an automated directory (to be know as the 'State Directory of New Hires') which shall contain information supplied by employers pursuant to §1154(d) of Title 30.

() Entry of Information into Data Base. Within 5 business days of receipt of a report supplied by an employer pursuant to section 1156A of Title 30, information included in the report shall be entered into the data base maintained by the State Directory of New Hires.

(a) Information Comparisons. The State Directory of New Hires shall, directly or by contract, conduct automated comparisons of the social security numbers reported by employers pursuant to §1156A of Title 30 and the social security numbers appearing in the records of the State case registry. When an information comparison reveals a match with respect to the social security number of an individual required to provide support under a support order, the State Directory of New Hires shall provide the Division of Child Support Enforcement with the name, address, and social security number of the employee to whom the social security number is assigned, and the name, address, and identifying number assigned under section 6109 of the Internal Revenue Code of 1986, to the employer.

(b) Provision of Information to the National Directory of New Hires. Within 3 business days after the date information regarding a newly hired employee is entered into the State Directory of New Hires, the State Directory of New Hires shall furnish the information to the National Directory of New Hires established pursuant to subsection (i) of section 453 of Title IV, Part D, of the Social Security Act (42 U.S.C. Sec. 453 (i)). On a quarterly basis, the State Directory of New Hires shall also furnish to the National Directory of New Hires extracts of the reports required under paragraph (6) of subsection (a) of section 303 of the Social Security Act to be made to the Secretary of Labor concerning the wages and unemployment compensation paid to individuals, by such dates, in such format, and containing such information as prescribed by federal regulation.

(e) Uses of New Hire Information. The State Directory of New Hires shall make the specified information available to the following entities for the purposes described below.

(1) The State Directory of New Hires shall provide information derived from the comparison conducted pursuant to subsection (c) of this section to the Division of Child Support Enforcement which shall use the information to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations.

(2) The State Directory of New Hires shall grant access to information provided by employers pursuant to §1156A of Title 30 to the State agency responsible for administering a program specified in 42 U.S.C. §1137(b) for purposes of verifying eligibility for the program.

(3) The State Directory of New Hires shall grant access to information provided by employers pursuant to §1156A of Title 30 to the State Division of Unemployment Insurance for the purpose of administering the State's unemployment insurance services program and the State Division of Industrial Affairs for the purpose of administering the workers compensation program.

§2209. Notice of Income Withholding.

Within 2 business days after the date information regarding a newly hired employee is entered into the State Directory of New Hires pursuant to subsection (b) of §2208 of this chapter, the Division shall transmit a notice to the employer of an employee whose child support obligation is subject to enforcement by the Division directing the employer to withhold from the income of the employee an amount equal to the monthly (or other periodic) child support obligation (including any past due support obligation or retroactive support) of the employee, unless the employee's income is not subject to withholding under §513(b)(I) of this Title.

§2210. Administrative Enforcement in Interstate Cases.

(a) The Division of Child Support Enforcement may request the child support agency of a State or jurisdiction outside of Delaware established pursuant to Title 1V-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), to enforce a child or spousal support order entered by a tribunal in Delaware or in another State or jurisdiction. Such a request shall constitute a certification by the Division of the amount of arrears and retroactive support, of the existence of a child support lien, and of compliance with all procedural due process requirements applicable to the case.

(b) The Division of Child Support Enforcement may request the child support agency of a State or jurisdiction outside of Delaware established pursuant to Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), to enforce and recognize a child support lien. Such a request shall constitute a certification by the Division of the amount of arrears, and retroactive support of the existence of a child support lien, and of compliance with all procedural due process requirements applicable to the case.

(c) The Division of Child Support Enforcement shall establish procedures to respond to a request for enforcement from a child support agency of a State or jurisdiction outside of Delaware established pursuant to Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), without the necessity of registering the order or lien with the Court. Such a request shall constitute a certification by the requesting State of the amount of arrears, and retroactive support of the existence of a child support lien, and of compliance with all procedural due process requirements applicable to the case.

§2211. Maintenance of Records

The Division of Child Support Enforcement shall maintain such records as may be required by federal and state law.

§2212. Financial Institution Data Matches.

(a) The Division of Child Support Enforcement shall enter into agreements with financial institutions doing business within this State to develop and operate, in coordination with such financial institutions, a data match system, using automated data exchanges to the maximum extent feasible, in which each such financial institution shall:

(1) Provide once for each calendar quarter the name, record address, social security number or other taxpayer identification number, and other identifying information for each noncustodial parent who maintains an Account at such institution and who owes past-due support, as previously identified to each financial institution by the State by name and Social Security number or other taxpayer identification number; and

(0) In response to a notice of a lien or levy, encumber or surrender, as the case may be, once each calendar quarter, assets, less applicable fees and penalties, held by such institution in an Account of any noncustodial parent who is subject to a child support lien pursuant to §2215 of this Title.

(b) The Division of Child Support Enforcement shall pay a reasonable fee to a financial institution for conducting the data match provided for in this subsection, not to exceed the actual costs incurred by such financial institution.

(c) In cases where there is a support arrearage and the noncustodial parent is subject to a child support lien pursuant to §2215 of this Title, the Division of Child Support Enforcement may, without the necessity of obtaining an order from any other judicial or administrative tribunal, secure assets in such noncustodial parent's Account, less applicable fees and penalties, to satisfy the arrearage by attaching and seizing such assets of the obligor held in financial institutions. The Division shall recognize and enforce the authority of State agencies of other States whereby the Division will enforce the child support liens on behalf of such State agencies in accordance with the procedures set forth in this section.

(d) If the Division obtains a financial record of an individual from a financial institution pursuant to subsection (a) of this section, the Division may disclose such financial record only for purposes of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual.

(e) For purposes of this section, "financial institution" has the meaning given such term by section 42 U.S.C. §669a(d)(1). The term "Account" means a demand deposit account, checking or NOW account, savings account, time deposit account, or money-market mutual fund account.

() Each financial institution doing business within this State shall enter into an agreement with the Division of Child Support Enforcement to develop and operate, in coordination with the Division, the financial institution data match system described in this section. Those institutions which are not automated or compatible must identify themselves to the Division of Child Support Enforcement within 180 days of passage of the legislation. The Division will work with these institutions to develop a data exchange process that is not unduly burdensome to the institution or the Division.

(a) A financial institution shall not be liable under any State law to any person or government agency for:

(1) Any disclosure of information to the Division of Child Support Enforcement under §2212 of this Title; or

(2) Encumbering or surrendering any assets held by such financial institution in response to a notice of lien or levy issued by the Division of Child Support Enforcement as provided in Title 13; or

(3) Any other action or omission taken in good faith to comply substantially with the requirements of §2212 of this Title.

§2213. Parent Locator Information from Interstate Network&

(a) The Division of Child Support Enforcement (the "Division") shall have access to locator information contained in data systems used by the State for purposes, which include but are not limited to, motor vehicle and law enforcement.

(b) Upon request, the Division shall make available locator information, as provided in subsection (a) of this section, for use by federal and state agencies conducting activities pursuant to Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.). The Division may respond to a request for information, made under this section, by any appropriate method including, but not limited to, paper, facsimile, telephone, magnetic tape, or other electronic means.

(c) Locator information obtained by the Division, as provided in subsection (a) of this section, shall be used only for the purposes of, and to the extent necessary for, the administration of activities authorized by Part D of Title IV of the Social Security Act (42 U.S.C. Sec. 651 et seq.). No entity or individual, who complies with the provisions of this section, shall be liable in any civil or criminal action or proceeding brought by a putative father, an obligor, or an obligee on account of such compliance.

() The Director of the Division shall be responsible for the preparation of policy, procedures, and directives as may be required to implement this Section.

§2214. Collection and Use of Social Security Numbers,

(a) The Division of Child Support Enforcement shall have access to the Social Security number of:

(1) Any applicant for a license as that has been defined in this section;

(2) Any applicant for a marriage license;

(3) Any individual who is subject to a divorce decree, support order or judgment, paternity order, or an acknowledgment of paternity filed in this State pursuant to Section 804 of Title 13 or Sections 3105 and 3121 of Title 16;

(4) Any individual who has died; and

(5) Any individual who is a petitioner or respondent in a paternity or child support proceeding filed in this State or in an interstate action in which this State serves as the initiating or responding jurisdiction.

(b) Social Security numbers collected pursuant to subsection (a) of this section shall be maintained in the records of the collecting agency. In the case of individuals who have died, the Social Security number also shall appear on the face of the death certificate.

(c) As used in this section, the term 'license' means a commercial drivers license or license to operate a motor vehicle issued or renewed under Chapter 26 or 27 of Title 21, and a license, permit, certificate, approval, registration or other similar form of permission or authorization to practice or engage in any profession, occupation or business, issued or renewed by the Division of Revenue under Chapter 23, 25, 27 or 29 of Title 30, or by any commission, board or agency under the authority of the Division of Professional Regulation which is named in §8810 of Title 29 (but not including any license issued on behalf of a non-profit applicant by the Gaming Control Board as set forth in Chapter 15 of Title 28).

(d) Upon request, the Division of Child Support Enforcement shall make available locator information, as provided in subsection (a) of this section, for use by federal and state agencies conducting activities pursuant to Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.). The Division may respond to a request for information, made under this section, by any appropriate method including, but not limited to, paper, facsimile, telephone, magnetic tape, or other electronic means.

() If a tribunal or agency also uses an identifying number other than the Social Security number, the tribunal or agency must so advise parties or applicants.

(a) The Director of the Division of Child Support Enforcement shall be responsible for the preparation of policy, procedures, and directives as may be required to implement this section.

§2215. Child Support Liens

(a) A child support installment or payment which is past due, shall, as of the date on which it was due, be a lien in favor of the obligee in an amount sufficient to satisfy the arrearage, whether the amount due is a fixed sum or is accruing periodically. Such child support lien shall arise by operation of law, without the necessity of obtaining a judicial determination of the arrearage or an order creating the lien, and such lien shall incorporate any unpaid child support which shall accrue while the lien is in effect.

(b) From the time it is perfected as provided in this Section, the child support lien arising under subsection (a) of this Section shall bind all real and personal property, and any interest in property, whether legal or equitable, of the obligor. An interest in property acquired by the obligor after the child support lien arises shall be subject to such lien, subject to the limitations described in subsection (1) of this section.

(c) A child support lien may be enforced as provided in this Chapter or as otherwise provided by law.

(d) The remedies provided by this Chapter do not affect the availability of other remedies provided by law to enforce liens and judgments.

() A child support lien of another State must be recognized and given full faith and credit by a tribunal in this State, without the necessity of a prior judicial notice or hearing.

(a) The IV-D agency, party, or entity requesting enforcement in Delaware of a child support lien arising in another State shall certify that the obligor is delinquent under a support order. In order to perfect the child support lien against real and personal property in this State, the IV-D agency, party, or entity seeking enforcement must comply with the notice requirements of this Section.

(b) Where an obligor has been ordered by the Court to pay child support and owes arrears or retroactive support in a case enforced by the Division of Child Support Enforcement pursuant to Title IV-D of the Social Security Act (42 U.S.C. Sec. 651, et seq.), the Director of the Division of Child Support Enforcement may:

(1) Cause a lien for arrears or retroactive support to be placed upon the obligor's distributive share of a decedent's estate by filing notice of a child support lien with the Register of Wills of the county in which the decedent's estate is being administered and by sending copies of the notice by certified or registered mail to the obligor and to the personal representative of the decedent. The notice shall contain the obligor's name and address, the obligor's social security number, if known, the name of the obligee and the amount of arrears or retroactive support as of a specified date. The lien shall attach to the obligor's distributive share upon the filing of the notice of the lien with the Register of Wills. Thereafter, the personal representative of the decedent shall pay to the Director the lesser of the obligor's distributive share or the amount of arrears or retroactive support. If the personal representative fails to pay the Director in accordance with the lien, the personal representative shall be liable on the personal representative's bond to the Director, as the payee of the child support obligation;

(2) Cause a lien for arrears or retroactive support to be placed upon any claim, counterclaim, cross-claim, action or suit, at law or in equity, of the obligor by filing notice of a child support lien with the Prothonotary or clerk of the court in which the claim, counterclaim, cross-claim or other action or suit is pending and by sending a copy of the notice by certified or registered mail to the obligor. The notice shall contain the obligor's name and address, the obligor's social security number, if known, the name of the obligee, and the amount of arrears or retroactive support as of a specified date. Upon the filing of the notice, the Prothonotary or clerk of the court shall mail a copy of the notice to the obligor and to all attorneys and insurance carriers of record, if known, each of whom shall be deemed to have received the notice 5 days after the Prothonotary or clerk mailed the notice. Any person, firm or corporation, including an insurance carrier, making any payment or settlement in full or partial satisfaction of any claim, counterclaim, cross-claim or other action or suit after the receipt of the notice of lien shall be liable to the Director, as payee of the child support order, in an amount equal to the lesser of the payment or settlement or the child support arrears or retroactive support; and the Director may enforce the child support lien in an action in the Family Court against any person, firm or corporation, including an insurance carrier, making the payment or settlement;

(3) Cause a lien for arrears or retroactive support to be placed upon any demand or cause of action for negligence or personal injury of the obligor by sending notice of a child support lien by certified or registered mail to the obligor, to the party or parties alleged to be liable to the obligor, if known, and to their attorneys of record, if known. The notice shall contain the obligor's names and address, the obligor's social security number, if known, the name of the obligee, and the amount of arrears or retroactive support as of a specified date. The notice shall also instruct the party to whom it is directed to deliver a copy of the notice to the party's insurance carrier, if any. The lien described in this paragraph shall attach to any payment or settlement, after deducting expenses of recovery and attorneys' fees, made more than 5 days after the notice is mailed. Any person, firm or corporation, including an insurance carrier, making any payment or settlement in full or partial satisfaction of any claim, counterclaim, cross-claim or other action or suit after the receipt of the notice of lien shall be liable to the Director, as payee of the child support order, in an amount equal to the lesser of the payment or settlement or the child support arrears or retroactive support; and the Director may enforce the child support lien in an action in the Family Court against any person, firm or .corporation, including an insurance carrier, making the payment or settlement; and

(4) Cause a lien for arrears or retroactive support to be placed upon any workers' compensation benefits payable to the obligor by filing notice of a child support lien with the Secretary of the Industrial Accident Board and by sending a copy of the notice by certified or registered mail to the obligor. The notice shall contain the obligor's name and address, the obligor's social security number, if known, the name of the obligee, and the amount of arrears or retroactive support as of a specified date. Upon the filing of the notice, the Secretary of the Industrial Accident Board shall mail a copy of the notice to the obligor and to all attorneys and insurance carriers of record, each of whom shall be deemed to have received the notice 5 days after the date of mailing by the Secretary. The lien described in this paragraph shall attach to any Industrial Accident Board award or any payment or settlement, after deducting expenses or recovery and attorneys fees, made more than 5 days after the Secretary of the Industrial Accident Board mailed the notice. The lien described in this paragraph shall not take priority over liens created by §2363 of Title 19. Any person, firm or corporation, including an insurance carrier, making any payment or settlement in full or partial satisfaction of any claim, counterclaim, cross-claim or other action or suit after the receipt of the notice of lien shall be liable to the Director, as payee of the child support order, in an amount equal to the lesser of the payment or settlement or the child support arrears or retroactive support; and the Director may enforce the child support lien in an action in the Family Court against any person, firm or corporation, including an insurance carrier, making the payment or settlement. This paragraph shall not apply to periodic workers' compensation payments from which child support is paid by income attachment under §513(b) of this Title.

(5) Notwithstanding the provision of §§4733 and 4735 of Title 1010 the contrary, cause a lien for arrears or retroactive support to be perfected against real property by filing a child support lien notice with the Prothonotary in the county where the lien is sought to be filed. Upon the filing of the child support lien notice, the Prothonotary shall date and index the child support lien as a judgment and mail the obligor a copy of the notice by certified or registered mail. The filing of the child support lien notice shall constitute notice to all persons who are charged with notice of matters filed in such office;

(6) Cause a lien for arrears or retroactive support to be perfected against accounts held by a financial institution by serving a notice of child support lien and notice of levy on said institution. Within 20 days after the date it receives the notice, the institution shall satisfy the lien by paying the amount of the lien to the Director of the Division of Child Support Enforcement, as payee of the child support order, with any goods, chattels, rights, credits, money or effects of the obligor in the institution's custody, possession, or control;

(0) Cause a lien for arrears, or retroactive support to be perfected against designated nonexempt personal property of the obligor by filing a child support lien notice with the Prothonotary. The child support lien notice shall describe the designated personal property against which it is perfected. Personal property subject to the child support lien includes, but is not limited to, lump sum payments from a state or local agency, including but not limited to, unemployment compensation and other benefits, and public and private retirement funds, subject to §514 of the Retirement Income Security Act of 1974.

(h) For the purposes of this section, a child support lien notice must contain:

(1) The docket number or case number and identity of the court or administrative agency that entered the child support order;

(0) The name, address, and if known, the social security number of the obligor;

(1) The name and address, unless protected from disclosure by a court or administrative order or finding, of the obligee;

(2) The amount of arrears or retroactive support as of a specified date;

(3) The name, address and phone number of the public entity or individual to contact for the obligor's current payment record and past-due arrearage; and

(4) The name and address of the person or agency to whom the payment of arrears and retroactive support shall be made.

(i) The Division of Child Support Enforcement shall send timely written notice to the obligor by first class mail of action taken to perfect a child support lien, execute a levy or seize the property. The notice shall specify the amount due, the steps to be followed to release the property so placed under lien, levied upon or seized and the time period within which to respond to such notice and shall include the name of the court or administrative agency which entered the child support order.

(1) The obligor may request an administrative review by filing a written request with the Division of Child Support Enforcement within 20 days from the date the notice of child support lien was mailed. If the obligor files a timely written request for an administrative review, the Division shall conduct the review within a reasonable time of such request and shall not dispose of the subject property before the review is complete. The only issues to be addressed at the review hearing are whether the obligor is the person named in the child support order from which the lien arises and whether any child support payment or installment is past due. The records of the Division of Child Support Enforcement shall be presumptive of the amount arrears and of the obligor's payment history. Except as otherwise provided herein, all hearings under this section shall be in accordance with the provision of the Administrative Procedures Act, Chapter 101 of Title 29.

(2) The obligor may appeal a decision entered after an administrative hearing under this section to the Family Court. The appeal shall be filed within 30 days of the day the notice of decision was mailed. The appeal shall a de novo review by to the Family Court and shall be as provided in §§10102(4) and 10142 through 10145 of Title 29.

(j) The records of the Division of Child Support Enforcement, including records transmitted electronically, shall be presumptive evidence of the amount of any lien for arrears or retroactive support. Any person, firm or corporation, including an insurance carrier or a financial institution, who has received notice of any child support lien shall determine from the Division of Child Support Enforcement the amount of unpaid arrears or retroactive support owed by the obligor as of the date such party makes any payment to which a lien under this section attaches.

() The Division of Child Support Enforcement may file notice of a lien or release of a lien or may transmit accounting information regarding an obligor's arrears and retroactive support by any means, including electronic means.

(l) Except as provided in subsection (2) below, a child support lien shall expire upon the termination of a current child support obligation and payment in full of any arrears and retroactive support, or upon release of the lien by the Division of Child Support Enforcement in the case of an order being enforced under Title IV-D of the Social Security Act (42 U.S.C. §651 et seq.), or by the obligee in a non-IV-D case.

(1) When all arrears and retroactive child support has been paid in full, the Division of Child Support Enforcement, or the obligee in a non-IV-D case, shall enter satisfaction of such lien or judgment on the record in the office where the same is entered.

(0) The duration of a child support lien shall be ten (10) years from the date on which the notice of lien is properly served on the holder of property, provided, however, that such lien may be renewed for another ten (10) years by complying with §4711 of Title 10. Expiration of the child support lien shall not terminate the underlying child support order or judgment or liquidate any past due support or retroactive support.

(m) In any case where there has been a refusal or neglect to pay child support, regardless of whether a levy has been made, the Division of Child Support Enforcement, in addition to any other remedies, may file a civil action to enforce the child support lien. The filing of a civil action shall not preclude the Division of Child Support Enforcement from enforcing the child support order through the use of any administrative procedures permitted by federal or state law.

(n) The remedies provided in this section shall be in addition to any other remedies for the enforcement of a support order.

(o) In the case of a motor vehicle, a child support lien does not attach until the lien is noted on the certificate of Title for such vehicle.

§2217 Credit Bureau Reporting

Information regarding the amount of arrearages owed by an obligor shall be reported by the Division of Child Support Enforcement, at such intervals as it determines, to consumer reporting agencies, as that term is defined in 15 U.S.C. §1681a(f), or be made available by the Division of Child Support Enforcement to any consumer reporting agency upon request, subject to the following:

(a) The amount of arrearages are not less than $500.

() The information shall be made available only after the obligor owing the arrearages has been notified of the proposed action and given a period of 20 days to contest the accuracy of the information.

(c) A fee for furnishing the information in an amount not exceeding the actual cost thereof may be imposed on the requesting consumer reporting agency by the Division of Child Support Enforcement.

§2218. Requests for information,

(a) Upon receipt of a written request, or a request by other electronic means where available, from the Director of the Division of Child Support Enforcement in any case enforced by the Division pursuant to Title IV-D of the Social Security Act (42 U.S.C. Sec. 651, et seq.), any employer, as that term is defined in §513(b)(6) of this Title, and any labor organization, as that term is defined in §710 of Title 19, shall cooperate with and provide relevant employment and income information in the possession of such employer or labor organization to the Director or the Director's designee for the purpose of establishing paternity or establishing, modifying or enforcing a child support order. Relevant employment and income information includes: the address of the employer; whether the named person is a current or past employee or contractor of the employer, or whether the named person has or has not been employed or hired as a contractor to the knowledge of the labor organization; the full name of the employee, contractor, or member; the last known residential address of the employee, contractor or member; the date of birth of the employee, contractor or member; the social security number of the employee, contractor, or member; all income, as that term is defined in §513(b)(5) of this Title, paid to the employee, contractor, or member in the prior and current calendar year and the current rate of pay and benefits provided to the employee, member or contractor; and whether dependent health insurance coverage is available to the employee or member through employment or membership in the labor organization, together with information about the name of the health care insurer and the extent of the coverage available.

(b) An employer or labor organization shall be immune from any liability for providing information pursuant to this subsection.

() Any employer or labor organization with fails or refuses to provide the information described in this section within 15 days after receipt of a request from the Director of the Division of Child Support Enforcement or as otherwise provided in such request shall be punished by a fine of not less than $100 nor more than $500. For a second or subsequent offense, such employer or labor organization shall be fined not less than $500 nor more than $1,000. A fine under this section may not be suspended. If the employer or labor organization is a corporation, criminal liability shall be established pursuant to §§281-284 of Title 11.

§2219. Obligation of parties to provide information.

Each party shall receive written notice, which may be contained in the support judgment or order, that he or she is required to keep the Court informed of his or her current residential address, drivers license number, telephone number, employer, employer address, and employer telephone number.

§2220. Definitions.

Unless a different meaning is plainly required by the context, words and phrases used in this Chapter shall have the same meaning as those defined in §401(b) of this Title."

Section 2. Amend §516 Chapter 5, Title 13, Delaware Code, by striking the existing subsection (f) and inserting in lieu thereof the following:

"(f) When an arrearage has accrued for ninety (90) days under a support order, and the existing support order does not include payment on arrears, the amount of the order shall, by operation of law, be increased by 10 percent of the current support order or $5.00, whichever is greater. The remedy specified for recovery of arrearages shall be in addition to and not in substitution for remedies available elsewhere for the enforcement of a support order."

Section 3. Amend the descriptive heading for §511, Chapter 5, Title 13 of the Delaware Code by striking the period `." at the end of the descriptive heading and substituting in lieu thereof the phrase "; obtaining jurisdiction over respondent."

Section 4. Amend §511, Chapter 5, Title 13 of the Delaware Code by redesignating the existing language in §511 as subsection "(a)" and by adding a new subsection "(b)" to read as follows:

"(b) Jurisdiction may be acquired over respondent in any of the following ways:

(1) By issuance of summons by the Clerk of the Family Court, and service thereof by the sheriff or other person authorized to make service of process upon respondent, by delivering a copy of the summons, petition and any affidavit to respondent personally or by delivering copies thereof to an agent authorized by appointment or by law to receive service of process;

(2) By appearance of respondent, either personally or by executing and filing an appearance document in a form approved by the Court, with or without issuance of summons;

(0) By appearance of counsel for respondent, with or without issuance of summons;

(1) Under a court rule not inconsistent with this section;

(5) As may be otherwise provided by law."

Section 5. Amend the descriptive heading for §810, of Title 13 of the Delaware Code by adding between the phrase "Civil action;" and the phrase "procedure." the phrase "obtaining jurisdiction over respondent,"

Section 6. Amend §810(a), Chapter 8, Title 13 of the Delaware Code by adding the following new subparagraph "(1)" to read as follows:

"(1) Jurisdiction may be acquired over respondent in any of the following ways:

a. By issuance of summons by the Clerk of the Family Court, and service

thereof by the sheriff or other person authorized to make service of process upon respondent, by delivering a copy of the summons, petition and any affidavit to respondent personally or by delivering copies thereof to an agent authorized by appointment or by law to receive service of process;

b. By appearance of respondent, either personally or by executing and filing an appearance document in a form approved by the Court, with or without issuance of summons;

. By appearance of counsel for respondent, with or without issuance of summons;

a. Under a court rule not inconsistent with this section;

b. e. As may be otherwise provided by law."

Section 7. Amend Chapter 11, Title 30, Delaware Code by adding a new section 1156A to read as follows:

"§1156A. Employer to report new hires.

(a) Every employer required to deduct and withhold tax under this chapter shall, within 20 days after the date the employer hires the employee, notify the State Directory of New Hires established pursuant to §2208 of Title 13 of the hiring of the employee; provided, however, that:

(1) An employer that transmits reports magnetically or electronically shall so notify the State Directory by two monthly transmissions (if necessary) not less than 12 days nor more than 16 days apart; and

(0) An employer that has employees in this State and at least one other State and that transmits reports magnetically or electronically may comply with the requirements of this subsection by designating either this State or another State in which the employer has employees, as the State to which the employer will transmit the report required under this section, providing written notification to the Secretary of the federal Department of Health and Human Services of such designation and transmitting the report to such State.

(b) Such report shall include the name, address, and social security number of the newly hired employee and the name and address of, and identifying number assigned under section 6109 of the Internal Revenue Code of 1986, to the employer.

(c) Each report shall be made on a W-4 form or, at the option of the employer, an equivalent form, and may be transmitted to the State Directory of New Hires by first class mail, magnetically, or electronically.

(d) An employer who fails or refuses to report the hiring of a new employee as required by this Section shall be punished by a fine of $25.00 for each such failure or refusal. An employer or employee who conspires not to report the hiring of an employee and required by this Section, or to supply a false or incomplete report as required by this Section, shall be punished by a fine or $500.00 for each offense. A fine under this section may not be suspended. If the employer is a corporation, criminal liability shall be established pursuant to §§281-284 of Title 11. Family Court shall have jurisdiction over violations of this Section.

(e) For purposes of this section, the following terms shall have the following meanings:

(1) 'Business day' means a day on which State offices are open for regular business.

(2) 'Employee' means an individual who is an employee within the meaning of chapter 24 of the Internal Revenue Code of 1986 and does not include an employee of a federal or State agency performing intelligence or counterintelligence functions, if the head of such agency has determined that reporting pursuant to the federal law with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.

(3) 'Employer' has the meaning given such term in section 3401(d) of the Internal Revenue Code of 1986 and includes any entity and any labor organization. The term 'labor organization' has the meaning given such term in section (2)(5) of the National Labor Relations Act and includes any entity (also know as a "Hiring Hall") which is used by the organization and an employer to carry out requirements described in section 8(f)(3) of such Act of an agreement between the organization and the employer."

Section 8. Amend subsection 513(a)(4), Chapter 5, Title 13 of the Delaware Code by adding the following after the phrase "to pay directly the cost of health insurance coverage for a child", the phrase ";provided, however, that any new or modified order entered in any case brought under Title IV-D of the Social Security Act (42 U.S.C. sec. 651, et seq) shall require either or both parents to provide health insurance coverage for the child or children who are the subjects of the child support,"

Section 9. Amend subsection 513(a)(4)a, Chapter 5, Title 13 of the Delaware Code by adding a new subparagraph "4" to read as follows:

"4. Where an obligor has been ordered to provide health insurance coverage for a child in a case enforced pursuant to Title IV-D of the Social Security Act (42 U.S.C. sec . 651, et seq.), receipt by an employer or successive employer or notice from the Court of the Division of Child Support Enforcement of an order of a Court or administrative agency requiring the obligor to provide health insurance coverage shall operate to enroll the child in the obligor's health insurance plan without regard to any enrollment season restrictions, unless the obligor contests the notice by filing a petition in opposition thereto in the Family Court not later than 10 days after issuance of the notice. The Court or the Division of Child Support Enforcement shall send a copy of the notice to the obligor at the same time it sends notice to the employer."

Section 10. Amend subsection 513(a)(4)a 2, Chapter 5, Title 13 of the Delaware Code by adding after the period the sentence "The Court or administrative order providing for enrollment of the child shall constitute the application for enrollment."

Section 11. Amend subsection 513(a)(4)d 1, Chapter 5, Title 13 of the Delaware Code by adding the word "or" after the semicolon(;) at the end of subparagraph A, deleting subparagraph B in its entirety, and redesignating the current subparagraph "C" as subparagraph "B".

Section 12. Amend subsection 4002(b)(2), Chapter 40, Title 18 of the Delaware Code by adding between the phrase "by the child's other parent" and the phrase "or by a state agency" a comma (,) and the following: "the Family Court,".

Section 13. Amend sub-paragraph (1) of paragraph (b) of §401, Title 13, Delaware Code by striking (1) in its entirety and substituting in lieu thereof the following:

"(1) 'Support order' means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees and other relief."

Section 14. Amend §401(b)(2), Title 13, Delaware Code by adding after the word "state" a comma and the following words: "as that term is defined in subsection 601(19) of this Title".

Section 15. Amend §401(b)(5), Title 13, Delaware Code by striking the paragraph in its entirety and substituting in lieu thereof the following:

"(5) 'Child' means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is alleged to be the beneficiary of a support order directed to the parent."

Section 16. Amend §401(b)(6), Title 13, Delaware Code by striking the paragraph in its entirety and substituting in lieu thereof the following:

"(6) 'Obligor' means an individual, or the estate of a decedent:

a. Who owes or is alleged to owe a duty of support;

b. Who is alleged but has not been adjudicated to be a parent of a child; or

c. c. Who is liable under a support order."

Section 17. Amend §401(b)(7) Title 13, Delaware Code by striking the paragraph in its entirety and substituting in lieu thereof the following:

"(7) 'Obligee' means:

a. An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;

. A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or

c. An individual seeking a judgment determining parentage of the individual's child."

Section 18. Amend paragraph (a) of §404, Title 13, Delaware Code by striking the first sentence and substituting in lieu thereof the following sentence: "Upon the commencement of the income withholding, the obligor shall be notified that the withholding has commenced and of the procedures to follow if the obligor desires to contest such withholding on the grounds that the withholding or the amount withheld is improper due to a mistake offset."

Section 19. Amend paragraph (a) of §404, Title 13, Delaware Code by striking in the last sentence the words "equivalent of the filing of a verified notice for the purpose of' and substituting in lieu thereof the phrase "basis for".

Section 20. Amend paragraph (d) of §405, Title 13, Delaware code by adding at the end of the first sentence, before the period, the phrase ", or by any other device specified in subsection (1) of §635 of this Title."

Section 21. Amend §406, Title 13, Delaware Code by adding at the end thereof the following sentence: "In cases brought under Title IV, Part D, of the Social Security Act (42 U.S.C. Sec. 651, et seq.), the Division may order income withholding in accordance with Section 513(b)(12) of this Title, without the necessity of obtaining an order from the Court or any other administrative tribunal."

Section 22. Amend paragraph (a) of §408, Title 13, Delaware Code by striking in the first sentence the phrase "Bureau of Child Support Enforcement" and substituting in lieu thereof the phrase "State disbursement unit".

Section 23. Amend paragraph (a) of §408, Title 13, Delaware Code by striking in the second sentence the word "Bureau" and substituting in lieu thereof the phrase "State disbursement unit".

Section 24. Amend §410, Title 13, Delaware Code by striking in the third sentence the phrase "Bureau of Child Support Enforcement" and substituting in lieu thereof the phrase "State disbursement unit".

Section 25. Amend paragraph (a) of §411, Title 13, Delaware Code by striking the phrase "(b) and (c)" and substituting in lieu thereof the phrase "(b), (c), and (d)".

Section 26. Amend §411, Title 13, Delaware Code by adding a new subsection (d) as follows:

"(d) An employer who receives an income withholding order or notice issued by another State shall apply the income withholding law of the State of the obligor's principal place of employment in determining:

(1) The employer's fee for processing the income withholder order;

(2) The maximum amount permitted to be withheld from the obligor's income;

(0) The time periods within which the employer must implement the income withholding order and forward the child support payment;

(0) The priorities for withholding and allocating income for multiple child support obligees;

(5) Any withholding terms or conditions not specified in the order."

Section 27. Amend Chapter 4, Title 13, Delaware Code by adding a new section 412 to read as follows:

"§412. Employer liability.

An employer who complies with an income withholding notice that is regular on its face shall not be subject to civil liability to any individual or agency for a conduct in compliance with the notice."

Section 28. Amend §509, Title 13, Delaware Code by adding the following sentence: "For the purposes of this chapter, the term 'business day' means a day on which State offices are open for regular business.".

Section 29. Amend §513(b)(3), Title 13, Delaware Code by striking the word "wages" and substituting in lieu thereof the word "income".

Section 30. Amend §513(b)(3), Title 13, Delaware Code by striking in the first sentence the words "filing of the verified notice" and substituting in lieu thereof the phrase "commencement of the withholding that the withholding has commenced and of the procedures to follow if the obligor desires to contest such withholding on the grounds that the withholding or the amount withheld is improper due to a mistake of fact".

Section 31. Amend §513(b)(3), Title 13, Delaware Code by adding after the first sentence, as amended, the following new sentence: "The notice shall include the information provided to the obligor's employer pursuant to federal law."

Section 32. Amend §513(b)(3), Title 13, Delaware Code by striking in the second sentence the word "filing" and substituting in lieu thereof the word "notification".

Section 33. Amend §513(b)(3), Title 13, Delaware Code by striking in the fourth sentence the words "verified notice" and substituting in lieu thereof the word "notification".

Section 34. Amend §513(b)(3), Title 13, Delaware Code by striking in the fifth sentence the phrase "either schedule a hearing or immediately issue the attachment" and substituting in lieu thereof the phrase "schedule a hearing, order the termination of the attachment or permit the attachment to continue".

Section 35. Amend §513(b)(3), Title 13, Delaware Code by striking in the sixth sentence the words "filing of the verified notice" and substituting in lieu thereof the word "notification".

Section 36. Amend §513(b)(3), Title 13, Delaware Code by striking the last sentence.

Section 37. Amend §513(b)(5), Title 13, Delaware Code by adding in the first sentence, after the word "any" and before the phrase "form of payment" the word "periodic".

Section 39. Amend §513(b)(5), Title 13, Delaware Code by striking the phrase "made by the obligor's employer" and substituting in lieu thereof the word "due".

Section 40. Amend §513(b)(6), Title 13, Delaware Code by adding after the word 'Employer' and before the word "includes" the phrase "has the meaning given such term in section 4301(d) of the Internal Revenue Code of 1986, and includes any governmental entity and any labor organization, as defined in section 2(5) of the National Labor Relations Act, and".

Section 40. Amend §513(b)(8), Title 13, Delaware Code by adding in the first sentence, after the word "sum" a comma and the following words: "which may include a fee, established by the State, to be paid to the employer, unless waived by the employer,".

Section 41. Amend §513(b)(8), Title 13, Delaware Code by striking in the first sentence the word "wages" and substituting in lieu thereof the word "income".

Section 42. Amend §513(b)(8) Title 13, Delaware Code by adding at the end of the first sentence, before the period, a semicolon and the following words: "provided, however, that when an employer receives an income withholding order issued by another State, the employer shall apply the law of the State of the obligor's principal place of employment in determining the factors enumerated in paragraph (d) of §411 of this Title."

Section 43. Amend §513(b)(8), Title 13, Delaware Code by striking in the second sentence the words "14 days from the date of its receipt from the employer" and substituting in lieu thereof the words "7 days after the first pay day following receipt of the wage attachment."

Section 44. Amend §513(b)(12), Title 13, Delaware Code by adding after the first sentence the following new subparagraphs:

"a. In any case enforced under Title IV, Part D, of the Social Security Act (42 U.S.C. Sec. 651, et seq.), and notwithstanding the provisions of the Administrative Procedures Act, Chapter 101 of Title 29, the Division is hereby authorized:

(1) To order income withholding in accordance with this chapter, without the necessity of obtaining an order from any other judicial or administrative tribunal, and shall recognize and enforce the authority of State IV-D agencies of other States to do the same.

(0) To execute an income withholding order without advance notice to the obligor, including issuing the withholding order through electronic means.

b. In cases in which support is subject to an assignment pursuant to part A of Title XIX of the Social Security Act or to a requirement to pay through the State disbursement unit, upon providing notice to the obligor and obligee, the Division may direct the obligor or other payer to change the payee to the appropriate governmental entity."

Section 45. Amend subsection (b) of §513, Title 13, Delaware Code by adding thereto a new paragraph (14) as follows:

"(14) An employer who complies with an income withholding notice that is regular on its face shall not be subject to civil liability to any individual or agency for conduct in compliance with the notice."

Section 46. Amend paragraph (a) of §516, Title 13, Delaware Code by striking the word "wages" and substituting in lieu thereof the word "income".

Section 47. Amend paragraph (a) of §516, Title 13, Delaware Code by adding thereto the following new sentence: "In any case enforced under Title IV, Part D, of the Social Security Act (42 U.S.C. Sec. 651, et seq.), the income of a person with a support obligation imposed by a support order issued (or modified) in this state before October I, 1996, if not otherwise subject to withholding under sec. 513 of this chapter, shall, by operation of law become subject to withholding as provided in sec. 513 of this Title if arrearages occur, without the need for a hearing."

Section 48. Amend paragraph (c) of §516, Title 13, Delaware Code by striking the word "wages" in both instances where it occurs and substituting in lieu thereof the word "income".

Section 49. Amend paragraph (e) of §516, Title 13, Delaware Code by striking in the first sentence the word "wages" and substituting in lieu thereof the word "income".

Section 50. Amend §516, Title 13, Delaware Code by adding a new paragraph (h) to read as follows:

"(h) If the defendant has violated the terms of an order for support, and owes arrears, the Court may order the defendant to pay such support in accordance with a plan approved by the Court or the Division. If the defendant is subject to such a plan, and is not incapacitated, the Court may order an unemployed or under-employed defendant to participate in such work activities as may be available under a program operated by a State or private agency as the Court or the Division deems appropriate. In any case in which the Court orders the defendant to participate in work activities, the Court may also order the temporary decrease of support, mediation assistance, job training, peer support, or any other program or intervention it deems necessary to assist the defendant in obtaining or maintaining appropriate employment."

Section 51. Amend §513(f), Chapter 5, Title 13 of the Delaware Code by deleting the existing subsection "(f)" in its entirety and substituting in lieu thereof a new subsection "(f)" to read as follows:

"(f) Each party to a support order shall report any change in his or her current residential address, drivers' license number, telephone number, employer, employer's address, and employer's telephone number to the Family Court, and to the Division of Child Support Enforcement in any case enforced by the Division pursuant to Title IV-D of the Social Security Act (42 U.S.C. §651, et seq.), within five (5) days of when the change occurs. Notice for purposes of enforcing or modifying a child support order shall mean: (a) mailed notice to the last known residential address provided to the Family Court by the party; or (b) upon a showing of diligent efforts to locate a party, mailed notice to the last known employment address provided to the Family Court by the party; provided, however, that where the respondent is a IV-D client as defined by regulation of the Secretary of the Department of Health and Social Services, the Division of Child Support Enforcement shall be the appropriate agent for the receipt of any such notice."

Section 52. Amend §513, Chapter 5, Title 13 of the Delaware Code by adding a new subsection "(g)" to read as follows:

"(g) Every child support order entered under this Chapter or under Chapter 4 or 6 of this Title shall include the name, residential address, social security number, date of birth, drivers' license number, telephone number, employer, employer address, and employer telephone number of each party."

Section 53. Amend §812 Chapter 8, Title 13 of the Delaware Code by adding a new subsection "(e)" to read as follows:

'(e) Every judgment and order determining the existence of the parent-and-child relationship shall include the name, residential address, social security number, date of birth, drivers' license number, telephone number, employer, employer address, and employer telephone number of each party."

Section 54. Amend §1518, Chapter 15, Title 13 of the Delaware Code by adding a new subsection "(h)" to read as follows:

"(h) Every decree granting a petition for divorce or annulment shall include the social security number of each party."

Section 55. Amend §8810, Chapter 88, Title 29 of the Delaware Code by adding a new subsection "(m)" to read as follows:

"(m) The social security number of the applicant shall be included on the application for issuance or renewal of any license, permit, certificate, approval, registration or other similar form of permission or authorization to practice or engage in any profession, occupation, or business of any commission, board or agency named in this section (but not including any license issued on behalf of a non-profit applicant by the Gaming Control Board as set forth in Chapter 15 of Title 28)."

Section 56. Amend §2101, Chapter 21, Title 30 of the Delaware Code by adding at the end thereof the following new sentence: "The social security number of the applicant shall be included on the application for issuance or renewal of any license under this Part."

Section 57. Amend §2711(b), Chapter 27, Title 21 of the Delaware Code by inserting between the word "name," and the phrase "date of birth," as the same appear therein, the phrase "social security number,".

Section 58. Amend §122(a), Chapter 1, Title 13 of the Delaware code by inserting between the phrase "race," and the phrase "birth date" as the same appear in the second sentence of said subsection the following: "social security number,".

Section 59. Amend §3108(a), Chapter 31, Title 16 of the Delaware Code by deleting the period "(.)" at the end of said subsection and inserting in lieu thereof a semi-colon "(;)" and the following: "provided, however, that every death certificate shall include the social security number of the decedent."

Section 60. Amend §520, Chapter 5, Title 13 of the Delaware Code, entitled "Drivers', professional, occupational and business licenses', by redesignating said section as §2216, Chapter 22, Title 13 of the Delaware Code, entitled "Drivers', professional, occupational and business licenses."

Section 61. Amend redesignated §2216, Chapter 22, Title 13 of the Delaware Code by inserting between the words "business" and "licenses" as the same appear in the caption of said section the following: "and recreational".

Section 62. Amend the redesignated §2216(a), Title 13 of the Delaware Code by adding after the phrase "under Chapter 26 or 27 of Title 21," as the same appears therein the following: "a hunting, fishing or trapping license issued or renewed under Chapter 5 of Title 7;"

Section 63. Amend redesignated §2216(b), Title 13 of the Delaware Code by adding between the phrase "the Director of the Division of Revenue" and the phrase "and the Director of the Division of Professional Regulation" as the same appear in the first sentence of said subsection the following: "the Director of the Division of Fish and Wildlife,".

Section 64. Amend redesignated Section 2216(b), Title 13 of the Delaware Code by adding between the phrase "the Division of Revenue" and the phrase "and the Division of Professional Regulation," as the same appear in the fourth sentence of said subsection a comma (,) and the following: "the Division of Fish and Wildlife".

Section 65. Amend redesignated Section 2216(c), Title 13 of the Delaware Code by adding between the phrase "the Division of Revenue" and the phrase "or by any commission, board or agency" as the same appear in the first sentence of said subsection a comma (,) and the following: "the Division of Fish and Wildlife".

Section 66. Amend redesignated Section 2216(d), Title 13 of the Delaware Code by adding between the phrase "the Division of Revenue" and the phrase "or by any commission board or agency" as the same appear in the first sentence of said subsection a comma (,) and the following: "the Division of Fish and Wildlife".

Section 67. Amend redesignated Section 2216(e), Title 13 of the Delaware Code by adding between the phrase "the Director of the Division of Revenue" and the phrase "and/or the Director of the Division of Professional Regulation" as the same appear in the second sentence of said subsection a comma (,) and the following: "the Director of the Division of Fish and Wildlife".

Section 68. Amend redesignated Section 2216(g), Title 13 of the Delaware Code by adding between the phrase "the Director of the Division of Revenue" and the phrase "and/or the Director of the Division of Professional Regulation" as the same appear in the first sentence of said subsection a comma (,) and the following: "the Director of the Division of Fish and Wildlife".

Section 69. Amend redesignated Section 2216(g), Title 13 of the Delaware Code by adding between the phrase "the Director of the Division of Revenue" and the phrase "and/or the Director of the Division of Professional Regulation" as the same appear in the second sentence of said subsection a comma (,) and the following: "the Director of the Division of Fish and Wildlife".

Section 70. Amend redesignated Section 2216(g), Title 13 of the Delaware Code by adding between the phrase "the Director of the Division of Revenue" and the phrase "and/or the Director of the Division of Professional Regulation" as the same appear in the third sentence of said subsection a comma (,) and the following: "the Director of the Division of Fish and Wildlife".

Section 71. Amend redesignated Section 2216(g), Title 13 of the Delaware Code by adding between the phrase "the Director of the Division of Revenue" and the phrase "and/or the Director of the Division of Professional Regulation" as the same appear in the fourth sentence of said subsection a comma (,) and the following: "the Director of the Division of Fish and Wildlife".

Section 72. Amend redesignated Section 2216(g), Title 13 of the Delaware Code by adding between the phrase "the Division of Revenue" and the phrase "or the Division of Professional Regulation" as same appear at the end of the fourth sentence of said subsection a comma (,) and the following: "the Division of Fish and Wildlife".

Section 73. Amend redesignated Section 22I6(i), Title 13 of the Delaware Code by adding between the phrase "the Director of the Division of Revenue" and the phrase "or the Director of the Division of Professional Regulation" a comma (,) and the following: "the Division of Fish and Wildlife".

Section 74. Amend redesignated Section 2216(m), Title 13 of the Delaware Code by adding between the phrase "the Director of the Division of Revenue" and the phrase "or the Director of the Division of Professional Regulation" a comma (,) and the following: "the Director of the Division of Fish and Wildlife".

Section 75. Amend Section 516(g), Chapter 5, Title 13 of the Delaware Code by adding between the phrase "the Director of the Division of Revenue" and the phrase "and/or the Director of the Division of Professional Regulation" as same appear in the third sentence of said subsection a comma (,) and the following: "the Director of the Division of Fish and Wildlife".

Section 76. Amend Section 516(g), Chapter 5, Title 13 of the Delaware Code by adding between the phrase "the Director of the Division of Revenue," and the phrase "and the Director of the Division of Professional Regulation" as same appear in the fourth sentence of said subsection the following: "the Director of the Division of Fish and Wildlife,".

Section 77. Amend Section 516(g), Chapter 5, Title 13 of the Delaware Code by adding between the phrase "the Director of the Division of Revenue" and the phrase "and/or the Director of the Division of Professional Regulation" as same appear in the fifth sentence of said subsection a comma (,)" and the following: "the Director of the Division of Fish and Wildlife".

Section 78. Amend Section 516(g), Chapter 5, Title 13 of the Delaware Code by adding between the phrase "the Director of the Division of Revenue" and the phrase "and/or the Director of the Division of Professional Regulation" as the same appear in the sixth sentence of said subsection a comma (,) and the following: "the Director of the Division of Fish and Wildlife".

Section 79. Amend Section 516(g), Chapter 5, Title 13 of the Delaware Code by adding between the phrase "the Division of Revenue," and the phrase "or the Division of Professional Regulation." as same appear at the end of the sixth sentence of said subsection the following: "the Division of Fish and Wildlife,".

Section 80. Amend Section 512, Chapter 5, Title 7 of the Delaware Code by adding a new subsection "(d)" to read as follows:

"(d) The provisions of §516(g) and §2216 of Title 13 shall supersede any provisions of this Chapter to the contrary with respect to any matter involving any applicant or licensee under §516(g) or §2216 of Title 13. Any provisions hereof to the contrary notwithstanding, upon receipt of notification from the Family Court pursuant to §516(g) of Title 13 or notice from the Director of the Division of Child Support Enforcement pursuant to §2216 of Title 13 regarding an applicant or licensee, the Department shall: (i) forthwith deny the issuance or renewal of any license under this Chapter, or suspend the same, and (ii) furnish in writing the name and address of such applicant or licensee to all persons authorized to issue licenses under this Chapter."

Section 81. Amend subsection 516(g), Chapter 5, Title 13 of the Delaware Code by striking the phrase "§520" each time it appears in said subsection and substituting each time in lieu thereof the following: "§2216".

Section 82. Amend subsection 2707(b)(12), Chapter 27, Title 21 of the Delaware Code by striking the phrase "§520" as the same appears therein and substituting in lieu thereof the following: "§2216".

Section 83. Amend section 2717, Chapter 27, Title 21 of the Delaware Code by striking the phrase "§520" as the same appears therein and substituting in lieu thereof the following: "§2216".

Section 84. Amend subsection 2732(d), Chapter 27, Title 21 of the Delaware Code by striking the phrase "§520" each time it appears in said subsection and substituting each time in lieu thereof the following: "§2216".

Section 85. Amend section 2734, Chapter 27, Title 21 of the Delaware Code by striking the phrase "§520" as the same appears therein and substituting in lieu thereof the following: "§2216".

Section 86. Amend subsection 2905(c), Chapter 29, Title 21 of the Delaware code by striking the phrase "§520" as the same appears therein and substituting in lieu thereof the following: "§2216".

Section 87. Amend subsection 3912(c), Chapter 39, Title 18 of the Delaware Code by striking the phrase "§520" as the same appears therein and substituting in lieu thereof the following: "§2216".

Section 88. Amend subsection 3904(c), Chapter 39, Title 18 of the Delaware Code by striking the phrase "§520" as the same appears therein and substituting in lieu thereof the following "§2216".

Section 89. Amend subsection 8810(1), Chapter 88, Title 29 of the Delaware Code by striking the phrase "§520" each time it appears in said subsection and substituting each time in lieu thereof the following: "§2216".

Section 90. Amend section 2101, Chapter 21, Title 30 of the Delaware Code by striking the phrase "§520" each time it appears in said section and substituting each time in lieu thereof the following: "§2216".

Section 91. Amend §804(a)(6), Chapter 8, Title 13 of the Delaware Code by deleting the comma (,) as the same appears after the phrase "by order of the court" in the first sentence of said subsection and substituting in lieu thereof the following: "or the Division of Child Support Enforcement,".

Section 92. Amend §811, Chapter 8, Title 13 of the Delaware Code by striking the phrase "court-ordered" from the title of said section and substituting in lieu thereof the following: "court or agency-ordered".

Section 93. Amend §811(a), Chapter 8, Title 13 of the Delaware Code by deleting the comma (,) as the same appears after the phrase "under this chapter" in the first sentence of said subsection and substituting in lieu thereof the following: "or by the Division of Child Support Enforcement,".

Section 94. Amend §804(a)(5)d, Chapter 8, Title 13 of the Delaware Code by striking the phrase "presumptive effect" and substituting in lieu thereof the following: "legal effects".

Section 95. Amend §804(a)(5)e, Chapter 8, Title 13 of the Delaware Code by adding between the phrase "statement of the " and the phrase "rights and responsibilities" the following: "alternatives to, legal consequences of any,"; and by deleting the word "and" as it appears at the end of said subparagraph.

Section 96. Amend §804(a)(5)f, Chapter 8, Title 13 of the Delaware Code by deleting the word "or" at the end of said subparagraph and substituting in lieu thereof the following: "and".

Section 97. Amend §804(a)(5), Chapter 8, Title 13 of the Delaware Code by adding a new subparagraph (g) to said subsection to read as follows:

"g. The acknowledgment of both the putative father and the mother that they have been notified, orally and in writing, of each of the items listed in subparagraphs a through f of this subsection before signing the acknowledgment of paternity; or".

Section 102. Amend §3121(d)(6), Chapter 31, Title 16 of the Delaware Code by striking the period (.) at the end of said subsection and substituting in lieu thereof a semicolon (;) to be followed by the word "and".

Section 103. Amend §3121(d), Chapter 31, Title 16 of the Delaware Code by adding a new subsection "(7)" to read as follows:

"(7) The acknowledgment of both the putative father and the mother that they have been notified, orally and in writing of each of the items listed in subparagraphs (1) through (6) of this subsection before signing the acknowledgment of paternity."

Section 104. Amend §3105, Chapter 31, Title 16 of the Delaware Code by re-designating the current subsection "(c)" as subsection "(d)" and by adding a new subsection "(c)" to read as follows:

"(c) The central Office and each branch Office of Vital Statistics shall offer voluntary paternity acknowledgment services, as described in subsections 3121(c) and (d) of this Title, to the mother and putative father of a child born to unmarried parents."

Section 105. Amend §812(a), Chapter 8, Title 13 of the Delaware Code by striking the phrase "§3121" and substituting in lieu thereof the following: "§§3105 or 3121".

Section 106. Amend §803(4), Chapter 8, Title 13 of the Delaware Code by striking the phrase "§3121" and substituting in lieu thereof the following: "§§3105 or 3121".

Section 107. existing subsection read as follows:

Amend §804(c), Chapter 8, Title 13 of the Delaware Code by striking the "(c)" in its entirety and substituting in lieu thereof a new subsection "(c)" to

"(c) An acknowledgment of paternity made and filed pursuant to subsection (a)(5) of this section or sections 3105 or 3121 of Title 16 shall be final, binding, conclusive, and determinative of the child's paternity for all purposes, unless timely rescinded in the manner provided in subsection (c)(1) of this section.

(1) An acknowledgment of paternity made and filed pursuant to subsection (a)(5) of this section or sections 3105 or 3121 of Title 16 may be rescinded by a parent only: (i) by written notice of a claim or defense of nonpaternity made in an action in which the signatory is a party and in which the paternity or nonpatemity of the child is an element of the claim for relief or a defense, but only if such action has been filed in the Family Court within 60 days of the date the acknowledgment of paternity was signed by the parents; or (ii) by written rescission filed with the Office of Vital Statistics and accompanied by the rescinding parent's affidavit showing mailing of a copy of the rescission to the other parent at his or her address as shown on the acknowledgment, within 60 days of the date the acknowledgment of paternity was signed by the parents.

(0) Commencing 60 days from the date on which an acknowledgment of paternity was signed by the parents, the acknowledgment of paternity shall thereafter be final, binding, conclusive, and determinative of the child's paternity for all purposes; provided, however, and subject to the provisions of subsection 812(a) of this Title, an acknowledgment of paternity may be set aside only by order of the court upon a finding of fraud, duress, or material mistake of fact upon a petition brought by either parent in the Family Court. The burden of proof shall be upon the parent bringing such action challenging the acknowledgment of paternity. The legal rights and responsibilities, including child support obligations, of any signatory arising from the acknowledgment of paternity shall not be suspended during the pendency of the challenge, except upon order of the Family Court for good cause shown.

(1) If a party was under 18 years of age on the date that party signed the acknowledgment of paternity, the acknowledgment of paternity shall be final, binding, conclusive and determinative of the child's paternity for all purposes, as described in subsection (c)(2) of this section, commencing 60 days from the date such person has reached 18 years of age, unless timely rescinded in the manner provided in subsection (c)(1) of this section within 60 days from the date such person has reached 18 years of age.

(2) Subject to the provisions of subsections (c)(1), (2) and (3) of this section, the acknowledgment of paternity shall provide the basis for the entry of a child support order without any further proceedings to establish paternity.

(3) Notwithstanding the provisions of this chapter, neither the child nor any person who has not properly filed an acknowledgment of paternity pursuant to this section shall be subject to the final, binding, conclusive and determinative paternity designation created herein.

(4) Notwithstanding the provisions of this chapter and in the event the Family Court determines that a person other than one who acknowledged paternity pursuant to this section is the natural father of the child or children, the Family Court shall declare the prior acknowledgment of paternity void."

Section 108. Amend §809, Chapter 8, Title 13 of the Delaware Code by re-designating the current subsection "(c)" as subsection "(d)" and by adding a new subsection "(c)" to read as follows:

"(c) Upon motion, the court may enter an interim child support order if:

(1) The respondent has executed an acknowledgment of paternity as provided in §§803(4) or (5) of this Title;

(2) The respondent has been determined by or pursuant to law to be the child's parent;

(3) The results of any blood, tissue or other genetic testing ordered under this Chapter, by the Division of Child Support Enforcement, or by a court or administrative agency of another state, or voluntarily submitted to by the parties, and performed by a laboratory meeting the requirements of §804(a)(6) of this title, establish at least a 99% probability of the respondent's paternity of the child; or

(4) There is other clear and convincing evidence that the respondent is the child's parent."

Section 109. Amend §810, Chapter 8, Title 13 of the Delaware Code by re-designating the current subsections "(h)" and "(i)" and "j" subsection "(i)" and by adding a new subsection "(h)" to read as follows:

"(h) Copies of bills for testing for parentage and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed and incurred and that the charges were reasonable, necessary and customary."

Section 110. Amend subsection 601(7), Chapter 6, Title 13 of the Delaware Code by striking the present subsection (7) in its entirety and substituting in lieu thereof the following new subsection (7):

"(7) 'Initiating state' means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this Chapter or a law or procedure substantially similar to this Chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act."

Section 111. Amend subsection 601(16), Chapter 13 of the Delaware Code by striking the present subsection (16) in its entirety and substituting in lieu thereof the following new subsection (16):

"(16) 'Responding state' means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this Chapter or a law or procedure substantially similar to this Chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act."

Section 112 Amend subsection 601(19), Chapter 6, Title 13 of the Delaware Code by striking the present subsection (19) in its entirety and substituting in lieu thereof the following new subsection (19):

"(19) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes:

(i) An Indian tribe; and

() A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this Chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act."

Section 113. Amend the descriptive heading for Section 602, Chapter 6, Title 13 of the Delaware Code by striking the word "this" from the caption of said Section.

Section 114. Amend the descriptive heading for Part A, Subchapter II, Chapter 6, Title 13 of the Delaware Code by striking the phrase "Part A." and substituting in lieu thereof the following: "Part 1."

Section 115. Amend the descriptive heading for Part B, Subchapter II, Chapter 6, Title 13 of the Delaware Code by striking the phrase "Part B." and substituting in lieu thereof the following: "Part 2.".

Section 116. Amend the descriptive heading for Section 612, Chapter 6, Title 13 of the Delaware Code by striking the word "this" from the caption of said section.

Section 117. Amend subsection 614(a), Chapter 6, Title 13 of the Delaware Code by striking subparagraph (2) of said subsection in its entirety and substituting in lieu thereof the following new subparagraph (2) to read as follows:

"(2) Until all of the parties who are individuals have filed written consents with the tribunal of this State for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction."

Section 118. Amend subsection 614(b), Chapter 6, Title 13 of the Delaware Code by inserting after the phrase "pursuant to" and before the phrase "a law substantially similar to this chapter" the following: "this chapter or".

Section 119. Amend subsection 614(c), Chapter 6, Title 13 of the Delaware Code by striking the phrase "child support order" and substituting in lieu thereof the phrase "child-support order"; and by inserting after the phrase "pursuant to" and before the phrase "a law substantially similar to this Chapter" the following: "this chapter or".

Section 120. Amend subsection 614(d), Chapter 6, Title 13 of the Delaware Code by inserting after the phrase "pursuant to" and before the phrase "a law substantially similar to this chapter" the following: "this chapter or".

Section 121. Amend subsection 614(0, Chapter 6, Title 13 of the Delaware Code by striking the phrase "spousal support order" each time it appears in said subsection and substituting each time in lieu thereof the following: "spousal-support order".

Section 122. Amend subsection 615(c), Chapter 6, Title 13 of the Delaware Code by striking the phrase "spousal support order" each time it appears in said subsection and substituting each time in lieu thereof the following: "spousal-support order".

Section 123. Amend the descriptive heading for Part C, Subchapter II, Chapter 6, Title 13 of the Delaware code by striking the existing descriptive heading in its entirety and substituting in lieu thereof a new descriptive heading to read as follows:

"Part 3. Reconciliation of multiple orders."

Section 124. Amend Section 616, Chapter 6, Title 13 of the Delaware Code by striking the existing Section 616 in its entirety and substituting in lieu thereof a new Section 616 to read as follows:

"§616. Recognition of controlling child-support order.

(a) If a proceeding is brought under this Chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized.

() If a proceeding is brought under this Chapter and two or more child-support orders have been issued by tribunals of this State or another state with regard to the same obligor and child, a tribunal of this State shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction:

(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls and must be so recognized.

(0) If more than one of the tribunals would have continuing, exclusive jurisdiction under this Chapter, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized.

(3) If none of the tribunals would have continuing, exclusive jurisdiction under this Chapter, the tribunal of this State having jurisdiction over the parties shall issue a child support order, which controls and must be so recognized.

(c) If two or more child-support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in this State, a party may request a tribunal of this State to determine which order controls and must be so recognized under subsection (b). The request must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

(d) The tribunal that issued the controlling order under subsection (a), (b), or (c) is the tribunal that has continuing, exclusive jurisdiction under Section 614 of this Title..

(e) A tribunal of this State which determines by order the identity of the controlling order under subsection (b)(1) or (2) or which issues a new controlling order under subsection (b)(3) shall state in that order the basis upon which the tribunal made its determination.

(f) Within 30 days after issuance of the order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order."

Section 125. Amend the descriptive heading for Section 617, Chapter 6, Title 13 of the Delaware Code by striking the phrase "child support orders" and substituting in lieu thereof the following: "child-support orders".

Section 126. Amend §617, Chapter 6, Title 13 of the Delaware Code by striking the phrase "child support orders" and substituting in lieu thereof the following: "child-support orders".

Section 127. Amend the descriptive heading for subsection 620, Chapter 6, Title 13 of the Delaware Code by striking the word "this" from the descriptive heading.

Section 128. Amend subsection 620(b)(4), Chapter 6, Title 13 of the Delaware Code by striking the phrase "part B" and substituting in lieu thereof the following: "part 2".

Section 129 Amend subsection 620(b)(7), Chapter 6, Title 13 of the Delaware Code by striking the phrase "part A" and substituting in lieu thereof the following: "part 1".

Section 130. Amend the descriptive heading for subsection 622, Chapter 6, Title 13 of the Delaware Code by striking the word "this" from the descriptive heading.

Section 131. Amend Section 623, Chapter 6, Title 13 of the Delaware Code by re- designating the existing Section 623 as subsection "(a)" and by adding a new subsection "(b)" to read as follows:

"(b) If a responding State has not enacted this Chapter or a law or procedure substantially similar to this Chapter, a tribunal of this State may issue a certificate or other document and make findings required by the law of the responding State. If the responding State is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding State."

Section 132. Amend subsection 624(a), Chapter 6, Title 13 of the Delaware Code by striking in its entirety the phrase "by first class mail" as the same appears therein.

Section 133. Amend subsection 624(b)(1), Chapter 6, Title 13 of the Delaware Code by striking the phrase "child support order" and substituting in lieu thereof the following: "child- support order".

Section 134 Amend subsection 624(e), Chapter 6, Title 13 of the Delaware Code by striking in its entirety the phrase "by first class mail" as the same appears therein.

Section 135. Amend section 625, Chapter 6, Title 13 of the Delaware Code by striking in its entirety the phrase "by first class mail" as the same appears therein.

Section 136. Amend subsection 626(b)(4), Chapter 6, Title 13 of the Delaware Code by striking in its entirety the phrase "by first class mail" as the same appears therein.

Section 137. Amend subsection 626(b)(5), Chapter 6, Title 13 of the Delaware Code by striking in its entirety the phrase "by first class mail" as the same appears therein.

Section 138. Amend the descriptive heading for Section 629, Chapter 6, Title 13 of the Delaware Code by striking the existing descriptive heading in its entirety and substituting in lieu thereof the following new descriptive heading:

"§629. Duties of Division of Child Support Enforcement."

Section 139. Amend §635(c), Chapter 6, Title 13 of the Delaware Code by striking the phrase "child support payments" and substituting in lieu thereof the following: "child-support payments".

Section 140. Amend subsection 640(b), Chapter 6, Title 13 of the Delaware Code by striking the phrase "child support order" and substituting in lieu thereof the following: "child- support order".

Section 141 Amend the descriptive heading for Subchapter V, Chapter 6, Title 13 of the Delaware Code by striking the word "Direct" as the same appears therein.

Section 142. Amend Section 650, Chapter 6, Title 13 of the Delaware Code by striking the existing section 650 in its entirety and substituting in lieu thereof a new Section 650 to read as follows:

"§650. Employer's receipt of income-withholding order of another state.

An income-withholding order issued in another state may be sent to the person or entity defined as the obligor's employer under the income-withholding law of this State without first filing a petition or comparable pleading or registering the order with a tribunal of this State."

Section 143. Amend Chapter 6, Title 13 of the Delaware Code by redesignating the current §651, as "§656" and by adding the following new sections 651, 652, 653, 654, and 655 to read as follows:

"§651. Employer's compliance with income-withholding order of another state.

(a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.

() The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this State.

(c) Except as otherwise provided in subsection (d) of this Section and Section 652 of this Title, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify:

(1) The duration and amount of periodic payments of current child-support, stated as a sum certain;

(0) The person or agency designated to receive payments and the address to which the payments are to be forwarded;

(1) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;

(2) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and

(5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

(d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

(1) The employer's fee for processing an income-withholding order;

(2) The maximum amount permitted to be withheld from the obligor's income;

(3) The times within which the employer must implement the withholding order and forward the child support payment.

§652. Compliance with multiple income-withholding orders.

If an obligor's employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees.

§653. Immunity from civil liability

An employer who complies with an income-withholding order issued in another state in accordance with this Chapter is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.

§0. Penalties for noncompliance

An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this State.

§1. Contest by obligor

(a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this State in the same manner as if the order had been issued by a tribunal of this State. Section 663 of this Title (Choice of Law) applies to the contest.

(b) The obligor shall give notice of the contest to:

(1) A support enforcement agency providing services to the obligee;

(2) Each employer that has directly received an income-withholding order; and

(3) The person or agency designated to receive payments in the income- withholding order or if no person or agency is designated, to the obligee."

Section 144. Amend the descriptive heading for Part A, subchapter VI, Chapter 6, Title 13 of the Delaware Code by striking the phrase "Part A." from the descriptive heading and substituting in lieu thereof the following: "Part I.".

Section 145. Amend the descriptive heading for Part B, Subchapter VI, Chapter 6, Title 13 of the Delaware Code by striking the phrase "Part B." from the descriptive heading and substituting in lieu thereof the following: "Part 2.".

Section 146. Amend subsection 664(a), Chapter 6, Title 13 of the Delaware Code by striking in its entirety the second sentence of subsection, which begins with the phrase "Notice must" and ends with the phrase "law of this State.".

Section 147. Amend subsection 664(b)(2), Chapter 6, Title 13 of the Delaware Code by striking in its entirety the phrase "the date of mailing or personal service of the" as the same appears therein.

Section 148. Amend subsection 665(a), Chapter 6, Title 13 of the Delaware Code by striking in its entirety the phrase "the date of mailing or personal service of' as the same appears therein.

Section 149. Amend subsection 665(c), Chapter 6, Title 13 of the Delaware Code by striking the phrase "by first class mail" in its entirety.

Section 150. Amend the descriptive heading for Part C, Subchapter VI, Chapter 6, Title 13 of the Delaware Code by striking the phrase "Part C." from the descriptive heading and substituting in lieu thereof the following: "Part 3."; and by striking the phrase "Child Support Order" from the descriptive heading and substituting in lieu thereof the following: "Child- Support Order."

Section 151. Amend the descriptive heading for Section 668, Chapter 6, Title 13 of the Delaware Code by striking the phrase "child support order" and substituting in lieu thereof the following: "child-support order".

Section 152. Amend Section 668, Chapter 6, Title 13 of the Delaware Code by striking the phrase "child support order" as the same appears in the first sentence of said section and substituting in lieu thereof the following: "child-support order"; and by striking the phrase "part A of this subchapter" as the same appears in the first sentence of said subsection and substituting in lieu thereof the following; "part I".

Section 153. Amend section 669, Chapter 6, Title 13 of the Delaware code by striking the phrase "child support order" each place the same appears in said section and substituting in lieu thereof in each place the following: "child-support order."

Section 154. Amend section 670, Chapter 6, title 13 of the Delaware Code by striking the existing section 670 in its entirety and substituting in lieu thereof a new section 670 to read as follows:

"§670. Modification Of Child-Support Order Of Another State.

(a) After a child-support order issued in another state has been registered in this State, the responding tribunal of this State may modify that order only if Section 672 does not apply and after notice and hearing it finds that:

(1) The following requirements are met:

(i) The child, the individual obligee, and the obligor do not reside in the issuing state;

(ii) A petitioner who is a nonresident of this State seeks modification; and

() The respondent is subject to the personal jurisdiction of the tribunal of this State; or

(2) The child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this State and all of the parties who are individuals have filed written consents in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this chapter, the consent otherwise required of an individual residing in this State is not required for the tribunal to assume jurisdiction to modify the child-support order.

(b) Modification of a registered child-support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this State and the order may be enforced and satisfied in the same manner.

() A tribunal of this State may not modify any aspect of a child-support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child-support orders for the same obligor and child, the order that controls and must be so recognized under Section 616 establishes the aspects of the support order which are nonmodifiable.

(d) On issuance of an order modifying a child-support order issued in another state, a tribunal of this State becomes the tribunal having continuing, exclusive jurisdiction."

Section 155. Amend section 671, Chapter 6, Title 13 of the Delaware Code by striking the phrase "child-support order' and substituting in lieu thereof the following: "child-support order"; and by inserting between the phrase "assumed jurisdiction pursuant to" and the phrase "a law substantially similar" as the same appear in the first sentence thereof the following: "this chapter or".

Section 156. Amend Chapter 6, Title 13 of the Delaware Code by adding the following new sections 672 and 673 to read as follows:

"§672. Jurisdiction to modify child-support order of another state when individual parties reside in this State

(a) If all of the individual parties who are individuals reside in this State and the child does not reside in the issuing state, a tribunal of this State has jurisdiction to enforce and to modify the issuing state's child-support order in a proceeding to register that order.

(b) A tribunal of this State exercising jurisdiction under this Section shall apply the provisions of Subchapters I and II, this chapter, and the procedural and substantive law of this State to the enforcement or modification. Subchapters III, IV, V, VII, and VIII do not apply.

"§673. Notice to issuing, tribunal of modification.

Within 30 days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction."

Section 157. Amend subsection 675(a), Chapter 6, Title 13 of the Delaware Code by inserting between the phrase "under this chapter or a law" where it appears for the first time and the phrase "substantially similar" as the same appears therein the following "or procedure".

Section 158. Amend §922(a), Title 10 of the Delaware Code by adding a new paragraph (21) as follows:

"(21) Offenses involving the reporting of new hires under §1156A of Title 30.

Section 159. Amend §7930, Title 29 of the Delaware Code by striking said section in its entirety."

Section 160. Amend §519, Title 13 of the Delaware Code by striking said section in its entirety.

Section 161. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

Approved July 21, 1997