Delaware Code Title 29 Sec. 4838 – Delinquent child support
(a) The Director of the Division of Child Support Services, Department of Health and Social Services shall enter into a cooperative agreement with the Director and the operator of each video lottery or charitable gaming organization facility within this State whereby the Director of the Division of Child Support Services shall provide information regarding individuals with a qualified child support obligation for the purpose of satisfying such obligation in part or in whole with any qualified video lottery prizes won by such individuals. Prior to awarding any qualified video lottery prize, an operator of a video lottery facility shall determine if the winner of such prize owes a qualified child support obligation. In the event that a qualified child support obligation is owed, such prize shall be reduced by:
(1) One hundred percent in the event that qualified video lottery prize is less than or equal to the qualified child support obligation; or
(2) By the amount of the qualified child support obligation in the event that the qualified video lottery prize exceeds the qualified child support obligation.
Terms Used In Delaware Code Title 29 Sec. 4838
- Charitable gaming organization: shall mean an organization, in existence as of January 1, 2013, that is a fraternal or veterans organization with national affiliation or an organization, in existence as of January 1, 2013, whose membership consists primarily of veterans honorably discharged or active duty service members. See Delaware Code Title 29 Sec. 4803
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Director: as used in this subchapter , shall mean the Director of the State Lottery Office. See Delaware Code Title 29 Sec. 4803
- Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Qualified child support obligation: shall mean any child support lien in excess of $150 as provided by § 2215 of Title 13. See Delaware Code Title 29 Sec. 4803
- Qualified video lottery prize: shall mean any video lottery or charitable gaming organization prize paid by cash or check for which a W-2G is issued equal to or in excess of $1,200 (but less any amounts withheld for income taxes). See Delaware Code Title 29 Sec. 4803
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Video lottery: shall mean any lottery conducted in a video lottery facility with a video lottery machine or a network of linked video lottery machines with an aggregate progression prize or prizes (excluding keno, table games, and the Internet lottery). See Delaware Code Title 29 Sec. 4803
- Video lottery facility: shall mean a building containing a gaming area. See Delaware Code Title 29 Sec. 4803
Any remaining amounts shall be awarded to the qualified video lottery prize winner.
(b) The specific information and the manner and frequency with which it is made available or otherwise exchanged between the Division of Child Support Services, the Director and each operator of video lottery facility in this State shall be as determined by each cooperative agreement, but such cooperative agreement must specify:
(1) That the Division of Child Support Services shall make available or otherwise provide or update information at least once each calendar month;
(2) That the operator of a video lottery facility shall make use of automated data exchanges to the maximum extent feasible and will remit to the Division of Child Support Services those qualified video lottery prizes that offset qualified child support obligations as set forth in the written agreements;
(3) The procedure by which the operator of a video lottery facility will remit to the Division of Child Support Services those qualified video lottery prizes that offset qualified child support obligations;
(4) That the operator of the video lottery facility will provide the qualified prize winner written notice of the amount withheld from the qualified video lottery prize and instructions for contesting an intercept directly to the Division of Child Support Services; and
(5) Any such other matters as the parties to such an agreement shall deem necessary to carry out the provisions of this section.
(c) An operator of a video lottery facility shall not be liable under any state law to any person or government agency for:
(1) Any disclosure of information to the Division of Child Support Services under this section; or
(2) As provided in § 513(c)(4) of Title 13, with regard to any order of child support made payable to the Division, the Division’s records shall be presumptive of the payment or nonpayment of each installment payment; or
(3) Any other action or omission taken in good faith to comply substantially with the requirements this section.
(d) The Director shall promulgate such rules and regulations as is deemed necessary to carry out the provisions of this section.
78 Del. Laws, c. 245, § ?1; 79 Del. Laws, c. 77, § ?4; 80 Del. Laws, c. 234, § ?23;