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Rule 502.Net available income

Ch. XVII: Delaware Child Support Formula · Last amended 2023 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 502 computes net available income: gross income from every source, minus a short list of deductions and a self support allowance set at 120% of the poverty guideline, diluted by 70% where a parent supports other children.

Full Text of Rule 502

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Net Income. Net available income for each parent is determined by subtracting limited deductions and a Self Support Allowance from gross income. The result is discounted further by a designated percentage based upon the number of other children each parent is obligated to support. Obligations are calculated on a monthly basis and all values should be rounded to the nearest whole number. Gross income includes:
(1) Salary and Wages. This includes salaries, wages, commissions, bonuses, overtime and any other income (other than selfemployment income) that is subject to Federal Retirement or Medicare taxes. For child support purposes, it also includes all income and benefits identified by an employer as “pre-tax” or other similar designation.
(2) Self Employment. This includes all income earned as an independent contractor and subject to federal self-employment tax.
(3) Unearned. This includes all other taxable income including but not limited to dividends, severance pay, pensions, interest, trust income, annuities, capital gains, workers' compensation, unemployment compensation, disability insurance benefits, prizes, and alimony or maintenance received.
(4) Nontaxable. This includes all other income not subject to income taxation such as:
(i) Most Social Security Disability (SSD) or retirement benefits and some pension/disability benefits issued by private corporations. Such benefits paid to a child on account of a parent's disability are included in that parent's income but offset the Net Monthly Obligation of that parent as set forth in Rule 506 dollar for dollar. Public need-based benefits, such as Supplemental Security Income (SSI), paid to a child due to the child's own disability shall not be included as income to either parent.
(ii) Military Allowances. Military allowances in addition to pay shall be treated as income. However, military clothing allowances shall be excluded and a servicemember's housing allowance (BAH) shall be limited to the amount that he or she would receive if stationed at Dover Air Force Base.
(5) Exceptions.
(i) Expense reimbursements or in-kind payments received in the course of employment, self-employment, or operation of a business should be counted as income only if they are significant and reduce personal living expenses.
(ii) A cost-of-living stipend given to an employee as compensation due to relocation to a high-cost location will not be included as income as long as it is clearly identified on pay documents.
(iii) Adoption subsidies disbursed pursuant to 42 U.S.C. § 673 or a subsequent or similar statute shall not be counted as income.
(b) Taxes.
(1) Except as otherwise provided in subsection (2) herein, taxes, either actual or estimated, shall not be deducted in determining available income.
(2) Self-employed parents who establish with documentation actual payment of self-employment taxes shall have their available income reduced a designated amount. That amount shall be 7% of self-employment income to the extent that the sum of taxable wages and self-employment income does not exceed the Social Security wage base.
(c) Deductions. Allowable deductions include:
(1) Medical Insurance. Medical insurance premiums (including COBRA payments) paid by either parent (but not guardian or stepparent) and regardless of which persons are covered by the policy are deductible unless the policy also covers the children of the union and are includable as an element of primary support pursuant to Rule 503(b)(3).
(2) Pension. All mandatory retirement contributions are deductible. If that amount is less than 5% of gross income, voluntary contributions to a 401(k) or similar IRS approved retirement plan of up to 5% (including mandatory) of gross income also may be deducted.
(3) Union Dues. Average monthly amount paid to any labor organization as a condition of employment is deductible.
(4) Alimony Paid. Court ordered periodic cash payments for the support of a former spouse shall be deductible from gross income.
(5) Disability Insurance. Disability insurance premiums withheld from pay or purchased privately for purposes of income replacement (but not to guarantee credit card, mortgage or other third-party obligations) shall be deductible in determining net income available for child support.
(6) Other. Other mandatory unreimbursed business expenses such as supplies required by the employer to be purchased are deductible.
(d) Self Support Allowance. The Self Support Allowance shall be 120% of the Federal Poverty Guideline for a one-person household as published in the Federal Register by the United States Department of Health and Human Services rounded to the nearest multiple of ten ($10). The allowance shall be adjusted in January of each year.
(e) Adjustment for Other Dependent. Each parent's available net income will be diluted in recognition of his or her duty of support to other dependent children, excluding step-children, not of this union either in or out of the household by multiplying net income after the subtraction of the Self Support Allowance by 70%. Children outside a parent's household should be counted only if there is a court order for current support or proof of a pattern of support. A parent's support of an adult dependent may be similarly recognized, but only if the parent is legally obligated to provide that support as established either by other court order or the agreement of the parties before the Court.
End

Amendment History

Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.

[Adopted effective August 28, 2008. Amended effective January 1, 2011; April 20, 2015; February 1, 2019; February 1, 2023.]

Plain-English Summary

The shape of it. Net available income is gross income minus limited deductions and a self support allowance, then discounted by a percentage reflecting the other children a parent must support. Everything is monthly and rounded to the nearest whole number.

Gross income. Salary and wages, including commissions, bonuses, overtime and anything else subject to federal retirement or Medicare taxes — and for support purposes, everything an employer labels pre-tax. Self-employment income subject to federal self-employment tax. Unearned taxable income: dividends, severance, pensions, interest, trust income, annuities, capital gains, workers' compensation, unemployment compensation, disability insurance benefits, prizes, and alimony received.

Counting pre-tax benefits is deliberate. Money routed around a paycheque is still money.

Nontaxable income. Most Social Security disability or retirement benefits and some private disability pensions count. Benefits paid to a child because of a parent's disability are income to that parent but offset their net monthly obligation dollar for dollar — so the child's money reduces the bill rather than inflating it. Need-based benefits paid to a child for the child's own disability, such as Supplemental Security Income, are income to neither parent.

Military allowances count as income, except clothing allowances; a servicemember's housing allowance is capped at what they would receive if stationed at Dover Air Force Base, so a posting to an expensive city does not inflate their support figure.

What is not income. Expense reimbursements and in-kind payments received in employment count only if significant and only if they reduce personal living expenses. A cost-of-living stipend for relocating to an expensive place is excluded if clearly identified on pay documents. Adoption subsidies are excluded.

Taxes. Taxes are not deducted, actual or estimated — with one exception. A self-employed parent who documents actual payment of self-employment taxes has income reduced by 7% of self-employment income, to the extent wages plus self-employment income stay within the Social Security wage base. That is the employer's half of the payroll tax, which an employed parent never sees.

Deductions. Medical insurance premiums, including COBRA, paid by either parent regardless of who is covered — unless the policy also covers the children of the union, in which case it is handled as primary support instead. All mandatory retirement contributions; and where those come to less than 5% of gross income, voluntary contributions to a qualifying plan up to 5% including the mandatory part. Union dues required as a condition of employment. Court-ordered alimony paid. Disability insurance premiums for income replacement — but not policies that merely guarantee a credit card or mortgage. Other mandatory unreimbursed business expenses, such as supplies the employer requires.

The list is short by design. A support formula that deducted every expense would produce whatever answer the better-documented parent wanted.

The self support allowance. 120% of the federal poverty guideline for a one-person household, rounded to the nearest $10 and adjusted each January. This is the money a parent keeps before any support is calculated — the recognition that a parent who cannot house and feed themselves will not be paying support for long.

Other children. A parent with other dependent children, in or out of the household but not step-children, has their income after the allowance multiplied by 70%. Children outside the household count only where there is a support order or proof of a pattern of support. Support of an adult dependent may be recognised similarly, but only where the parent is legally obliged to provide it.

The dilution is flat rather than headcount-based, and it does not let a parent reduce this child's support by asserting obligations they do not actually meet.

Frequently Asked Questions

What counts as income for Delaware child support?

Salary and wages including bonuses and overtime and anything an employer designates pre-tax; self-employment income; unearned taxable income such as dividends, pensions, interest, capital gains and alimony received; and specified nontaxable income including most Social Security disability and retirement benefits.

Are taxes deducted from income in the Delaware formula?

No, except that self-employed parents who document actual payment of self-employment taxes have available income reduced by 7% of self-employment income within the Social Security wage base.

What deductions are allowed?

Medical insurance premiums, mandatory retirement contributions plus voluntary contributions up to 5% of gross income, union dues, court-ordered alimony paid, income-replacement disability insurance premiums, and other mandatory unreimbursed business expenses.

What is the Self Support Allowance?

120% of the federal poverty guideline for a one-person household, rounded to the nearest $10 and adjusted each January — the income a parent retains before support is calculated.

Does having other children reduce my child support?

Net income after the Self Support Allowance is multiplied by 70% to recognise a duty of support to other dependent children not of this union. Children outside the household count only where there is a court order for current support or proof of a pattern of support.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 502), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. · Official source
Also known as: net available income Delawareself support allowance Delawarechild support deductions DelawareFam. Ct. Civ. R. 502