Delaware 2023-2024 Regular Session

Delaware House Bill HB267

Introduced
12/14/23  
Introduced
12/14/23  
Engrossed
1/25/24  
Refer
12/14/23  
Engrossed
1/25/24  
Enrolled
6/27/24  
Refer
1/25/24  
Enrolled
6/27/24  

Caption

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

Impact

If passed, the bill will significantly alter how violations of child support orders are addressed in Delaware. It introduces a structured approach whereby the court can impose stricter penalties for noncompliance, including withholding income without a hearing under certain conditions. A notable aspect of the bill is the provision for license suspensions for individuals who are over $1,000 in arrears, which could affect their ability to work and earn income. This could possibly deter noncompliance but raises concerns about the fairness of penalizing individuals who may be unable to pay due to circumstances beyond their control.

Summary

House Bill 267 aims to amend Title 13 of the Delaware Code concerning violations of child support orders. The bill proposes changes that allow courts to impose contempts and attach a defendant's income if they fail to comply with support obligations. Notably, it emphasizes that consequences like confinement cannot be enforced unless the defendant was aware of the order and has the ability to comply. Furthermore, the bill outlines methods for securing payments through bonds or collateral, ensuring that persons with arrears can meet their obligations without immediate severe penalties.

Sentiment

The sentiment regarding Bill HB267 appears mixed. Proponents argue that the bill will enhance child support enforcement and ensure that obligated parties fulfill their responsibilities. They believe this will lead to better outcomes for children who rely on these payments. Conversely, detractors express concerns about the potential implications for families, particularly those who may already be struggling financially. Critics argue that license suspensions and aggressive enforcement mechanisms could make it harder for those in arrears to regain financial stability and fulfill their obligations.

Contention

Key points of contention surrounding HB267 revolve around the balance between strict enforcement of child support and the recognition of economic hardship. While there is strong support for improving the collection of child support to ensure children's needs are met, the mechanisms proposed, such as automatic income withholding and license suspensions, have sparked debate about fairness and the risk of exacerbating financial issues for noncompliant individuals. Stakeholders emphasize the need for a more humane and equitable approach that considers individual circumstances.

Companion Bills

No companion bills found.

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