Rule 72.Appeals from certain boards to Family Court
Ch. IX: Appeals · Last amended 2017 · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 72 governs appeals to the Family Court from Division of Child Support Services and Division of Family Services hearings: 15 days to file a notice stating the grounds, 20 days for the record and for the reply.
(a)Application of rule. This rule shall apply to appeals to the Family Court from administrative hearings conducted by the Division of Child Support Services and the Division of Family Services.
(b)How taken. When an appeal is permitted by law, a party may appeal by filing a notice of appeal with the Clerk of Court of the appropriate county within the time prescribed by statute. If no time is prescribed by statute, the notice of appeal shall be filed within 15 days from the entry of the final judgment, order, or disposition from which an appeal is permitted by law.
(c)Notice of appeal. The notice of appeal shall specify the parties taking the appeal, shall state the grounds of the appeal, and shall be signed by the party or their attorney. Notification of the filing of the notice of appeal shall be given by the Clerk of Court by mailing copies thereof to all parties to the proceeding below. No notice of appeal need be given to the party or parties taking the appeal. The failure of the Clerk of Court to give notice of the taking of the appeal shall not affect the validity of the appeal. The notification of a party shall be given by mailing a copy of the notice of appeal to the party's attorney of record or, if the party is not represented by an attorney, then to the party at the party's last known address, and such notification is sufficient notwithstanding the death of the party or the party's attorney prior to the giving of notification.
(d)Docket entries. The Clerk of Court shall note in the appropriate docket the names of the parties to whom notices of appeal and citations have been mailed, the date of mailing, and dates when citations for the record issued and were returned.
(e)Certified copy of the record. Upon the filing of the notice of appeal, the Clerk of Court shall forthwith issue a citation to the custodian of records for the agency below. The citation shall direct such custodian to send to the Family Court of the county out of which the citation has issued, together with the citation, within 20 days from service thereof, a certified copy of the record of the proceedings below including exhibits.
(f)Procedure for handling appeals. Appeals shall be heard and determined as provided by statute. The appellee's reply to appellant's appeal shall be filed within 20 days of the date the notice of appeal was mailed to appellee. The answer shall contain a certificate or affidavit of service as provided by Rule 5.
(g)Dismissal. At any time before the filing of the appellee's response, an appellant may dismiss his or her appeal voluntarily by serving a notice of dismissal upon the other parties to the appeal, by filing the same with the Clerk of Court, and paying the costs. Otherwise, a voluntary dismissal may be made only upon stipulation of all parties to the proceeding and with the approval of the Court. The Court may order an appeal dismissed, sua sponte, or upon a motion to dismiss by any party. Dismissal may be ordered for untimely filing of an appeal, for failure of a party to diligently prosecute the appeal, for failure to comply with any rule, statute or order of the Court or for any other reason deemed by the Court to be appropriate. In the event that the Court shall conclude, sua sponte, that dismissal is appropriate, a notice shall be forwarded to the appellant directing that he show cause why the appeal should not be dismissed for the reasons stated in the notice. The notice shall direct the appellant to respond within 10 days after receipt of the notice. After consideration of such response, the Court shall enter an order dismissing the appeal or maintaining jurisdiction of the case. If a response is not filed within the time allowed, the dismissal shall be deemed to be unopposed. If the Court is satisfied that the appeal should be dismissed it shall enter an order of dismissal. Upon entry of any order of dismissal, the Court shall specify the terms thereof.
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.
[Amended May 21, 2001, effective 30 days after notice to the members of the bar. Amended effective January 9, 2017.]
Plain-English Summary
An appeal INTO this court rather than out of it — from administrative hearings conducted by the Division of Child Support Services and the Division of Family Services.
How taken, and when. Where an appeal is permitted by law, a party appeals by filing a notice of appeal with the Clerk of Court of the appropriate county within the time the statute prescribes. If no statute fixes a time, the notice must be filed within 15 days from the entry of the judgment, order or disposition appealed from.
The notice. It specifies the parties taking the appeal, states the grounds, and is signed by the party or their attorney. Stating the grounds is not a formality — it defines what the court is being asked to review. The Clerk mails copies to all parties to the proceeding below; none need go to the appellant. If the Clerk fails to give notice, the appeal is still valid, which puts the risk of a clerical slip on the system rather than on the appellant.
The record. On the filing of the notice the Clerk issues a citation to the agency's custodian of records, directing them to send a certified copy of the record below, including exhibits, within 20 days of service. The appellant does not assemble it.
The docket. The Clerk notes the parties who were sent notices and citations, the dates of mailing, and the dates citations issued and came back — so the progress of the appeal is visible on the file.
The response. Appeals are heard and determined as the statute provides. The appellee's reply is filed within 20 days of the date the notice of appeal was mailed to them, and carries a certificate or affidavit of service under Rule 5.
Dismissal. Before the appellee responds, an appellant may dismiss voluntarily by serving and filing a notice of dismissal and paying the costs; after that, only on the stipulation of all parties with the court's approval. The court may also dismiss on its own or on motion — for an untimely appeal, for failure to prosecute it diligently, for failure to comply with a rule, statute or order, or for any other reason it deems appropriate. Where the court raises dismissal itself it must first send a notice to show cause, and the appellant has 10 days from receipt to respond. Silence makes the dismissal unopposed.
Frequently Asked Questions
How do I appeal a child support administrative decision in Delaware?
Where an appeal is permitted by law, by filing a notice of appeal with the Clerk of Court of the appropriate county within the time prescribed by statute — or, if no statute prescribes one, within 15 days from the entry of the final judgment, order or disposition.
What must the notice of appeal say?
It must specify the parties taking the appeal, state the grounds of the appeal, and be signed by the party or their attorney.
Do I have to obtain the record myself?
No. On the filing of the notice the Clerk issues a citation to the agency's custodian of records, who must send a certified copy of the record, including exhibits, within 20 days from service.
How long does the other side have to reply?
The appellee's reply is filed within 20 days of the date the notice of appeal was mailed to the appellee.
Can my appeal be dismissed without a hearing?
The court may dismiss on its own motion, but it must first send a notice directing the appellant to show cause why the appeal should not be dismissed, and the appellant has 10 days after receipt of the notice to respond.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 72), 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:appeal to Delaware Family Courtchild support administrative appeal DelawareDivision of Family Services appeal DelawareFam. Ct. Civ. R. 72