SENATE BILL NO. 152
AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT ENFORCEMENT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend §516, Title 13 of the Delaware Code by redesignating subsection (h) as subsection (i) and by inserting a new subsection (h) as follows:
“(h) Notwithstanding any contrary provision of this chapter or chapter 22 of this Title, the Court may, in a pending proceeding related to child support, order the removal of any or all restrictions on licensed privileges proposed or imposed related to a failure to pay child support, and without regard to whether the suspension or revocation was a result of the action of the Court or the Division of Child Support Enforcement where the removal of such restrictions is in the best interests of the child(ren) and the parties as it relates to the ability of the obligor to meet his or her parental obligations. The Court shall establish rebuttable standards in consultation with the Division of Child Support Enforcement to insure the uniform and equitable application of the license suspension program .”
Section 2. Amend the first sentence of section 2216(g), Title 13 of the Delaware Code by deleting the “or” after the word “license” and by inserting the following after the words “after a hearing”:
“or upon order of the Family Court pursuant to section 516(g) of this title,”.
Section 3. Amend section 2216(g), Title 13 of the Delaware Code by inserting the following at the end of the last sentence:
“or by order of the Family Court pursuant to 516(h) of this title”.
Section 4. Amend section 2216(l), Title 13 of the Delaware Code by inserting the following at the end of the last sentence:
“except as provided in section 516(h) of this title”.
Section 5. Amend section 516(g), Title 13 of the Delaware Code by inserting the following before the words “The Court shall” at the beginning of the second paragraph:
“In all cases administered under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the Court shall forward such Order to the Director of the Division of Child Support Enforcement to be carried out pursuant to section 2216(g) of this title. In all other instances,”.
Approved July 21, 2005