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Rule 505.Credits and the net monthly obligation

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

In one sentenceRule 505 turns the gross obligation into what is actually paid, letting each parent retain the allowances and expenses for children in their care plus a parenting time adjustment of 10% or 30% for enough overnights.

Full Text of Rule 505

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

(a) Gross Obligation. Each parent's Gross Obligation is the sum of the individual's Primary Support Obligation (Rule 503(b)) and Standard of Living Adjustment (Rule 504).
(b) Credits. Each parent shall retain from their Gross Obligation:
(1) Primary Support Allowance for the children of this union in their primary or shared placement; and
(2) Child care, private school, or other primary expenses claimed by the parent as allowed by Rule 503(b) or (c); and
(3) Per capita share of the parents' combined SOLA obligation for the children of this union in each parent's primary or shared placement; and
(4) Parenting Time Adjustment as set forth in Rule 505(c), if applicable.
(c) Parenting Time Adjustment. When a child spends an average of more than 79 but less than 164 annual overnights in the household of the parent from whom support is sought, that parent shall be entitled to retain a percentage of the primary support allowance allocable to that child and combined SOLA and shall be known as the Parenting Time Adjustment. The percentage is 10% for 80 to 124 overnights, and 30% for 125 to 163 overnights. Additionally:
(1) The number of overnights must be proven by court order, written agreement, previous finding, or other clear and convincing evidence. The party asserting a number of overnights other than as indicated in the order, agreement, or previous finding carries the burden of proof.
(2) Modest or temporary departures from the established contact schedule will not prompt any adjustments or rebuttal of the Formula.
(3) Where the residential arrangement is complex with children in different ranges, then the percentages should be averaged.
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 October 1, 2009; January 1, 2011; April 20, 2015; February 1, 2023.]

Plain-English Summary

The gross obligation. Each parent's gross obligation is their primary support obligation plus their standard of living adjustment.

What they keep. From that, each parent retains the primary support allowance for the children of the union in their primary or shared placement; the child care, private school or other primary expenses they themselves claimed; a per capita share of the parents' combined standard of living obligation for the children in their placement; and the parenting time adjustment where it applies.

This is what makes the Formula symmetrical. Both parents are assessed an obligation for their children; each keeps the part attributable to the children living with them; and what changes hands is the difference. Nobody pays support to themselves.

The parenting time adjustment. Where a child spends an average of more than 79 but fewer than 164 annual overnights with the parent from whom support is sought, that parent retains a percentage of the primary support allowance allocable to that child and of the combined standard of living obligation: 10% for 80 to 124 overnights, and 30% for 125 to 163.

The reasoning is straightforward. A parent who has a child roughly a third of the time is buying food, running heat and keeping a bedroom, and at 164 overnights the arrangement becomes shared placement under Rule 503 instead.

Proving the overnights. By court order, written agreement, previous finding, or other clear and convincing evidence. A party asserting a different number than the order, agreement or previous finding shows carries the burden. Modest or temporary departures from the schedule prompt no adjustment and no rebuttal of the Formula — a missed weekend is not a support case. Where the arrangement is complex, with children in different ranges, the percentages are averaged.

Frequently Asked Questions

How is the final Delaware child support figure calculated?

Each parent's gross obligation is their primary support obligation plus their standard of living adjustment, and each retains the allowances, claimed expenses, per capita SOLA share for children in their placement, and any parenting time adjustment.

Does having the children overnight reduce child support in Delaware?

Yes. Where a child spends an average of more than 79 but fewer than 164 annual overnights with the parent from whom support is sought, that parent retains 10% for 80 to 124 overnights and 30% for 125 to 163 overnights.

How do I prove the number of overnights?

By court order, written agreement, previous finding, or other clear and convincing evidence. The party asserting a number other than the order, agreement or previous finding indicates carries the burden of proof.

Does missing a weekend change the support order?

No. Modest or temporary departures from the established contact schedule will not prompt any adjustment or rebuttal of the Formula.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 505), 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: parenting time adjustment Delawareovernights child support Delawarenet monthly obligation DelawareFam. Ct. Civ. R. 505