Delaware 149th General Assembly (2017-2018) Status: In Committee 2 D cosponsors

SB 81 — AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT.

Last action — Reported Out of Committee (Judicial & Community Affairs) in Senate with 3 On Its Merits

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

According to the National Conference of State Legislatures, on average, an incarcerated parent with a child support order has the potential to leave prison with nearly $20,000 in child support debt, having entered the system with around half that amount owed. This national statistic is consistent with Delaware, where the average child support debt for those currently incarcerated in Delaware is $10,000. Failing to recognize the inability to pay while incarcerated undermines the obligor's ability to make a successful transition and meet their obligations post-release, including the ability to pay child support. Delaware Family Court Rules will consider a term of incarceration that exceeds 1 year as evidence of a diminished earning capacity but the incarcerated parent needs to file a motion asking the Family Court for relief from the Child Support Order. The vast majority of incarcerated parents do not have independent income, resources, or assets with which to pay an obligation of child support consistent with their pre-incarceration circumstances. This Act automatically suspends child support orders when a defendant is incarcerated or involuntarily committed for over 180 days unless the defendant has the means to pay support while incarcerated or involuntarily committed, the defendant is incarcerated for a crime of domestic violence against the custodial relative or the supported child, or is incarcerated for failure to comply with an order to pay child support.

Bill Text

How this bill changes current law

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The bill establishes an automatic suspension of child support orders for parents who are incarcerated or involuntarily committed for 180 days or more under certain conditions.

  • § 513

    defined under § 5001 of Title 16, or being ordered by a court of another state or of the United States to be admitted to or confined by a similar entity. → defined under § 5001 of Title 16, or being ordered by a court of another state or of the United States to be admitted to or confined by a similar entity.

    Clarifies the definition of 'involuntarily committed'.

  • § 513

    is suspended by operation of law for any period in which the defendant is incarcerated or involuntarily committed for 180 consecutive days or more unless any of the following apply: → is suspended by operation of law for any period in which the defendant is incarcerated or involuntarily committed for 180 consecutive days or more unless any of the following apply:

    Establishes the automatic suspension of child support orders under specified conditions.

  • § 513

    A court or administrative order requiring a parent to pay child support resumes by operation of law on the first day of the first full month after the defendant is no longer incarcerated or involuntarily committed. → A court or administrative order requiring a parent to pay child support resumes by operation of law on the first day of the first full month after the defendant is no longer incarcerated or involuntarily committed.

    Specifies that child support payments will automatically resume after incarceration or involuntary commitment ends.

Action History

  1. Reported Out of Committee (Judicial & Community Affairs) in Senate with 3 On Its Merits

  2. Amendment SA 1 to SB 81 - Introduced and Placed With Bill

  3. Introduced and Assigned to Judicial & Community Affairs Committee in Senate

Sponsors

Sponsorship breakdown

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3 sponsors · 5 co-sponsors · 54 not signed on

Sponsors (3)

Co-sponsors (5)

Not signed on (54)

54 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does SB 81 do?
According to the National Conference of State Legislatures, on average, an incarcerated parent with a child support order has the potential to leave prison with nearly $20,000 in child support debt, having entered the system with around half that amount owed. This national statistic is consistent with Delaware, where the average child support debt for those currently incarcerated in Delaware is $10,000. Failing to recognize the inability to pay while incarcerated undermines the obligor's ability to make a successful transition and meet their obligations post-release, including the ability to pay child support. Delaware Family Court Rules will consider a term of incarceration that exceeds 1 year as evidence of a diminished earning capacity but the incarcerated parent needs to file a motion asking the Family Court for relief from the Child Support Order. The vast majority of incarcerated parents do not have independent income, resources, or assets with which to pay an obligation of child support consistent with their pre-incarceration circumstances. This Act automatically suspends child support orders when a defendant is incarcerated or involuntarily committed for over 180 days unless the defendant has the means to pay support while incarcerated or involuntarily committed, the defendant is incarcerated for a crime of domestic violence against the custodial relative or the supported child, or is incarcerated for failure to comply with an order to pay child support.
Who sponsors SB 81?
SB 81 is sponsored by Stephanie T. Bolden (Democratic), Debra Heffernan (Democratic), Helene M. Keeley, Earl G. Jaques Jr., Paul S. Baumbach, Charles Potter Jr., James Johnson, and Margaret Rose Henry.
What is the current status of SB 81?
This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 81?
Track SB 81 free on One Click Politics — get push/email alerts when it moves.

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