Delaware Code
13 Del. C. § 702 (2026)
Duty to support minor child
✓ current as of May 2026
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Repealed by 59 Del. Laws, c. 567, § 2.
Notes of Decisions
Cited in 13
cases, 1955–1974 · leading case: Scribner v. Chonofsky, 310 A.2d 924 (Del. Ch. 1973).
Scribner v. Chonofsky, 310 A.2d 924 (Del. Ch. 1973). “It was further held that under 13 Del.C. § 702 the sole duty of supporting a child rests upon the father if he is living and able to do so, and this obligation to support is a legal, as opposed to a moral duty.”
Wife, P. v. Husband, P., 287 A.2d 409 (Del. Ch. 1972). “He has moved to dismiss the claim for support on the ground that this Court is now without jurisdiction. B. Under Delaware law the “legal duty to support a minor child rests solely upon the father if he is living and able to provide such support .”
Bennett v. Andree, 252 A.2d 100 (Del. 1969). “…of such amounts her husband would have given to Mrs. Bennett for her own support had the accident not occurred.” 2 . 13 Del.C. § 702.”
Spruance v. Spruance, 113 A.2d 877 (Del. Ch. 1955). “This duty was presumably incorporated into our statutory law by the enactment of 13 Del.C. § 702 which imposes a legal duty on a father to support his "minor" children.”
Astle v. Wenke, 297 A.2d 45 (Del. 1972). “…468 , 178 A. 645 (1935); Royal Indemnity Company v. Alexander Industries, Inc., Del.Super., 211 A.2d 919 (1965). 3 .13 Del.C. § 702.”
Levine v. Levine, 209 F. Supp. 564 (D. Del. 1962). “” He points to 13 Del.C. § 702 as a statute compelling a father to support his minor children.”
Wright v. Wright, 164 A.2d 317 (Del. 1960). “" This statute, with an unimportant change in phrasing, is now 13 Del.C. § 702. The statute seems to be largely declaratory of the common law.”
Wilderman v. Wilderman, 330 A.2d 149 (Del. Super. Ct. 1974). “Paragraph (3) of that section provides that the Court shall have exclusive original civil jurisdiction concerning “[ejnforcement of any law of this State or any subdivision or any regulation promulgated by a governmental agency, or any petitions or actions, for the education,…”
Coneys v. Coneys, 269 A.2d 777 (Del. 1969). “They agree that the father is duty-bound to provide for the “essential needs” of his minor children, within his ability to pay, 13 Del. C. § 702; that “essential needs” and “ability to pay” depend upon the facts of each case; that a parent cannot bargain away the right of a…”
Stat v. Porter, 314 A.2d 172 (Del. 1973). “13 Del.C. § 702 provides that the legal duty to support a minor child rests solely upon the father if he is living and able to provide it, otherwise upon the mother.”
G. W. F. v. G. P. F., 271 A.2d 38 (Del. 1970). “They agree that the father is duty-bound to provide for the ‘essential needs’ of his minor children, within his ability to pay, 13 Del.C. § 702; that ‘essential needs’ and ‘ability to pay’ depend upon the facts of each case; that a parent cannot bargain away the right of a child…”
Gwf v. Gpf, 271 A.2d 38 (Del. 1970). “They agree that the father is duty-bound to provide for the `essential needs' of his minor children, within his ability to pay, 13 Del.C. § 702; that `essential needs' and `ability to pay' depend upon the facts of each case; that a parent cannot bargain away the right of a child…”
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