To calculate child support, the state of Delaware uses the Percent of Income Model. The basic child support obligation shall be divided between the parents in proportion to their adjusted actual incomes and the amount of children that they have. (Delaware Code: Title 13, Chapter 5, Section 513)
(a) The father and mother are the joint natural guardians of their minor child and are equally charged with the child's support, care, nurture, welfare and education. Each has equal powers and duties with respect to such child, and neither has any right, or presumption of right or fitness, superior to the right of the other concerning such child's custody or any other matter affecting the child. If either parent should die, or abandon his or her family, or is incapable, for any reason, to act as guardian of such child, then, the custody of such child devolves upon the other parent. Where the parents live apart, the Court may award the custody of their minor child to either of them and neither shall benefit from any presumption of being better suited for such award. (Delaware Code: Title 13, Chapter 7, Section 701)
In determining the amount of support due to one to whom the duty of support has been found to be owing, the court, among other things, shall consider: (1) The health, relative economic condition, financial circumstance, income, including the wages, and earning capacity of the parties, including the children; (2) The manner of living to which the parties have been accustomed when they were living under the same roof; (3) The general equities inherent in the situation. (Delaware Code: Title 13, Chapter 5, Section 514)
