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DE HB65

Bill

Status

Introduced

3/9/2017

Primary Sponsor

Timothy Dukes

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Origin

House of Representatives

149th General Assembly

AI Summary

  • Creates a child support lien on net proceeds from monetary awards (settlements, judgments, verdicts, workers' compensation, insurance payouts) for obligors owing more than $1,000 in arrears or retroactive support.

  • Requires prevailing parties to obtain written documentation from the Division of Child Support Services (DCSS) regarding arrears owed at least 45 days before settlement or distribution.

  • Mandates attorneys, insurers, or paying agents to distribute net proceeds (after deducting the first $1,000, attorney fees, litigation expenses, and other statutory liens) to DCSS to satisfy child support arrears before releasing remaining funds to the prevailing party.

  • Provides immunity from civil, criminal, or administrative penalties for attorneys and paying agents who act in good faith based on DCSS documentation regarding obligor status or arrears amounts.

  • Excludes periodic wage payments already subject to income attachment and establishes that child support liens do not take priority over statutory liens for reimbursement directly related to the claim under Title 19 § 2363.

Legislative Description

An Act To Amend Title 13 Of The Delaware Code Relating To Child Support.

Last Action

Tabled in Committee

3/29/2017

Committee Referrals

Health & Human Development3/9/2017

Full Bill Text

No bill text available