Delaware uses the Melson Formula per 13 Del.C. §514, originated by Judge Elwood F. Melson Jr. Three-step: self-support, primary support, SOLA.
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Delaware calculates child support using the Melson Formula (originated in Delaware) established under 13 Del.C. §514. This is a statutory formula that leaves limited room for judicial discretion on the base calculation amount, ensuring consistency and predictability for families across the state.
Melson: combined income after self-support × schedule × obligor share + SOLA.
The calculation begins with determining each parent's net disposable income, which includes virtually all sources of income minus taxes, mandatory payroll deductions, and certain hardship deductions. The court then applies the statutory formula using the time each parent has primary physical responsibility for the children and the applicable income allocation brackets.
Beyond the base formula amount, Delawarerequires additional contributions for mandatory add-on expenses. These typically include childcare costs necessary for the custodial parent's employment or education, uninsured healthcare expenses for the children, and in some cases, educational and travel costs. These add-ons are split between parents in proportion to their respective incomes.
Primary statute: 13 Del.C. §514
Melson Formula — originated in Delaware by Judge Melson.
One of only 3 Melson states (with Montana and Hawaii).
Three-step: self-support, primary support, SOLA.
Approximate: 1 child ~17%, 2 ~25%, 3 ~30%, 4 ~34%.
Melson Formula ORIGINATED in Delaware.
Named after Judge Elwood F. Melson Jr.
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Residency Requirement
6-month residency
Mandatory Waiting Period
6-month SEPARATION required before divorce granted
No-Fault Ground
Irretrievably broken (requires 6-month separation)
State Income Tax
Progressive 0-6.60% (6 brackets).
Delaware uses the Melson Formula (originated in Delaware) under 13 Del.C. §514. Delaware uses the Melson Formula per 13 Del.C. §514, originated by Judge Elwood F. Melson Jr. Three-step: self-support, primary support, SOLA.
Key factors include both parents' income, the number of children, custodial time share, mandatory add-on expenses (childcare, health insurance), and any applicable deductions. Melson Formula — originated in Delaware by Judge Melson.
Yes. Either parent can request a modification if there has been a material change in circumstances, such as a significant change in income, custody arrangements, or the needs of the child. The court will recalculate support using the same statutory formula.
Melson: combined income after self-support × schedule × obligor share + SOLA.
Get a personalized child support calculation based on Delaware's actual statutory formula.
Start My Free DelawareEstimate →This tool provides educational estimates based on Delaware family law and does not constitute legal advice. Child support calculations are approximations of the statutory formula and may differ from court-ordered amounts. Consult a licensed Delaware family law attorney before making decisions. Primary statute: 13 Del.C. §514.