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SPONSOR: Rep. Chukwuocha & Sen. Brown
Reps. K. Johnson, Morrison, Romer, Burns, Cooke,
Ortega, Harris; Sen. Walsh
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 343
AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO METHODS TO OBTAIN
JURISDICTION OVER RESPONDENT IN FAMILY COURT AND THE DUTY TO SUPPORT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend § 511, Title 13 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 511. Commencement of actions; obtaining jurisdiction over respondent.
4 (a) Proceedings may be instituted in accordance with rules adopted by the Court, or upon a petition in which the
5 petitioner alleges that defendant owes petitioner a duty of support and has refused or failed to provide such support.
6 (b) Jurisdiction may be acquired over respondent in any of the following ways:
7 (1) By issuance of summons by the Clerk of the Family Court, and service thereof by the sheriff or other
8 person authorized to make service of process upon respondent, by delivering a copy of the summons, petition and any
9 affidavit to respondent personally or by delivering copies thereof to an agent authorized by appointment or by law to
10 receive service of process; process.
11 (2) By appearance of respondent, either personally or by executing and filing an appearance document in a
12 form approved by the Court, with or without issuance of summons; summons.
13 (3) By appearance of counsel for respondent, with or without issuance of summons; summons.
14 (4) Under a court rule not inconsistent with this section; or section.
15 (5) As may be otherwise provided by law. By any form of mail with proof of delivery.
16 (6) As may be otherwise provided by law.
SYNOPSIS
This Act allows the Division of Child Support Services (DCSS) to serve a non-custodial parent’s summons for
family court hearings by any form of mail with proof of delivery, including using the United States Postal Service or other
commercial delivery services such as Federal Express (FedEx) or United Parcel Service (UPS).
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