GCA Title 5, Chapter 34
TITLE 5 GOVERNMENT OPERATIONS CH. 34 CHILD SUPPORT
CHAPTER 34 CHILD SUPPORT
2024 NOTE: Pursuant to 2 GCA § 1101, I Liheslaturan Guåhan means the ‘Guam Legislature’ and I Liheslatura means the ‘Legislature.’ NOTE: The Compiler moved and renumbered this Chapter from 10 GCA Chapter 2, Article 8 to reflect changes both to the law and to the organization of the support services. The services performed pursuant to this Chapter are now performed by the Family Division of the Attorney General’s Office. 2011 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning with ‘Numbers’ to ‘Lowercase Letters’ in this chapter.
ARTICLE 1
ENFORCEMENT OF SUPPORT
TITLE 5 GOVERNMENT OPERATIONS CH. 34 CHILD SUPPORT
TITLE 5 GOVERNMENT OPERATIONS CH. 34 CHILD SUPPORT
- § 34156. Escheatment of Undistributed Funds if Custodial Parents or Non-Custodial Parents Cannot be Located.
- § 34157. Case Closure and Escheatment of Undistributed Funds: Notice of Custodial Parents and Non-Custodial Parents with Active Cases.
- § 34158. Allocation of Escheated Funds.
§ 34101. Short Title, Legislative Intent and Severability.
(a) This Chapter may be filed as the Personal Responsibility and Self-Sufficiency Act of 1997. (b) I Liheslaturan Guåhan finds and declares that families that receive public assistance possess a sense of responsibility and accountability. I Liheslaturan Guåhan further finds that a system of public assistance should: (1) encourage recipients to achieve their full potential by becoming gainfully employed, rather than remaining dependent of public assistance; (2) provide for the safety and protection of children; and
- provide a system of support for persons in need. (c) This Chapter shall be liberally construed to meet these ends of this § 34101 and to ensure compliance with the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. (d) If any portion of this Chapter is declared invalid for any reason by any court of law, the remainder shall remain in effect. SOURCE: Enacted by P.L. 18-017:1 (Oct. 5, 1985). Codified by Compiler. Repealed and reenacted by P.L. 24-129:2 (Feb. 16, 1998). 2024 NOTE: References to the ‘Guam Legislature’ replaced with I Liheslaturan Guåhan pursuant to 2 GCA § 1101.
§ 34101.1. Support Orders of Minor Parents.
The child support enforcement agency may establish, enforce or modify a Court order for the support of a child against the parents of a non-custodial parent if: (a) the custodial parent and non-custodial parent of the child are both less than eighteen (18) years of age; and (b) the custodial parent of the child is a member of a household that is receiving benefits pursuant to the program to provide temporary assistance for needy families. SOURCE: Added by P.L. 24-129:9 (Feb. 16, 1998). 2011 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning with ‘Numbers’ to ‘Lowercase Letters’ in this chapter.
§ 34102. Definitions.
As used in this Chapter: (a) ‘Absent parent’ means any person who is responsible for the support of a child, who is absent from the household whether such person’s location is known or unknown, and who fails to provide for the support of such child. (b) ‘Department’ means the Department of Law, unless otherwise expressly provided or unless the context clearly requires otherwise.
TITLE 5 GOVERNMENT OPERATIONS CH. 34 CHILD SUPPORT
(c) ‘Dependent child’ means a person who has not reached the age of majority or who is eligible for assistance to dependent children. (d) ‘Public assistance’ or ‘assistance’ means any money payments made by the Department which are paid to or for the benefit of any dependent child. (e) ‘Child Support Enforcement Agency’ means the Department of Law, Family Division. (f) ‘Attorney General’ means the Attorney General of Guam or that persons designee within the Department of Law, Family Division. SOURCE: GC § 9120.50. Added by P.L. 16-010 (May 22, 1987); Repealed and reenacted by P.L. 20-170:4 (May 15, 1990). Subsection (5) added by P.L. 24-129:10 (Feb. 16, 1998). Subsection (6) added by P.L. 26-148:29 (Sept. 27, 2002). 2011 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning with ‘Numbers’ to ‘Lowercase Letters’ in this chapter.
§ 34103. Enforcement of Support Office Created.
There shall be in the Department a Child Support Enforcement Office which shall carry out the provisions of this Chapter. Reports and information obtained pursuant to this Chapter shall be confidential and shall only be made available as necessary to: (a) a duly authorized official of the Attorney General’s Office or the Child Support Enforcement Office in the course of his official duties; or (b) a court of competent jurisdiction. Any person who willfully releases or permits the release of any data and information pertinent to any child support case to persons or agencies not permitted by this Chapter shall be guilty of a misdemeanor. SOURCE: GC § 9120.51, enacted by P.L. 16-010 (May 22, 1987). Subsection (a) amended by P.L. 18-017:2 (Oct. 5, 1985).
§ 34103.1 Power of Child Support Enforcement Office, Employees and Agents.
(a) In implementing programs under Title IV-D, the child support enforcement agency and the officials, employees and agents of such agency shall have administrative authority to perform the following functions without necessity of obtaining an order from any other judicial or administrative entity: (1) to conduct examinations; (2) to require by subpoena the attendance of witnesses and the production of books, records and papers; (3) to compensate witnesses and individuals producing books, records, including records maintained in automated data bases, and papers in amounts determined by the state agency, not to exceed actual reasonable costs incurred: (4) to require genetic testing of appropriate individuals when necessary in disputed paternity cases, to determine the relationship of parent and child, and; (A) pay the costs of such testing, subject to recoupment from the alleged father if paternity is established; and (B) obtain additional testing in any case if an initial test result is contested, upon request and advance payment by the contestant;
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(5) make application to the Superior Court of Guam, Hearing Division to compel participation in genetic testing, the attendance of witnesses, the production of books, records and papers, and the payment of fiscal sanctions imposed under this Chapter. (b) Any administrative action against an obligor to secure assets to satisfy child support arrearage and current support obligation, including but not limited to, intercepting or seizing periodic payments, or attaching and seizing assets of the obligors property as provided by law, shall in all cases provide for: (1) written notice to the obligor and to the custodial parent of the action to be taken and the legal basis for that action; (2) the opportunity for the obligor to contest the action and to request a hearing on the matter; and (3) the opportunity for the obligor to appeal on the record. (c) Any hearing or appeal resulting from the administrative action shall be to the Judicial Hearings Division of the Superior Court of Guam. SOURCE: Added by P.L. 24-129:11(Feb. 15, 1998). Subsection (b) added by P.L. 26-148:2 (Sept. 27, 2002). Subsection (c) added by P.L. 26-148:3 (Sept. 27, 2002). COMMENT: To subsection (b) Section 466(c) of the Social Security Act (SSA) requires that state (and Guam) Child Support Enforcement Agencies, and not the tribunal or court, be vested with the authority to pursue certain actions in support of establishing paternity and/or support orders, as well as enforcing and modifying the order, under what is known as ‘expedited administrative and judicial procedures’. Prior 5 GCA § 34103.1 concerns certain expedited administrative procedures. Subsection (b) was added to spell out that the parties involved in these expedited administrative proceedings are afforded full procedural due process rights under these circumstances. Guam is committed to include these measures under § 2.12-2 of its State Plan. To subsection (c) See above COMMENT. This subsection the full review of any administrative action taken.
§ 34103.2. Reporting to Credit Bureaus.
(a) In acting as the official agency in administering the child support program under Title IV-D, the child support enforcement office, directly or through agents and agencies, subject to Subsection (b) of this § 34103.2 may report periodically to consumer reporting agencies the name of any obligor who owes past due support, and the amount of past due support owed by the obligor. (b) The child support enforcement agency may report under Subsection (a) of this § 34103.2, only after such an obligor has been provided notice and a reasonable opportunity to contest the accuracy of the statement of the name and amount of overdue support owed by the obligor. (c) For purposes of this § 34103.2 consumer reporting agency means an agency that has furnished evidence, satisfactory to the Department, that the agency is a consumer reporting agency as defined in Subsection (f) of §603 of the Fair Credit Reporting Act, 15 U.S.C. 1681 a. SOURCE: Added by P.L. 24-129:12 (Feb. 16, 1998).
§ 34103.3. Securing Assets to Satisfy Past Due Child Support.
In acting as the official agency in administering the child support program under Title IV-D, in cases in which there is past due child support, the child support enforcement agency may secure assets to satisfy the past due amount by issuing writs of execution. Those writs of execution may be used to secure or seize property including: (a) periodic or lump sum payments from: (1) an agency administering unemployment compensation benefits, workers compensation benefits or other benefits; and
TITLE 5 GOVERNMENT OPERATIONS CH. 34 CHILD SUPPORT
(2) judgments, settlements and gaming proceeds otherwise belonging to the obligor, or payable upon the obligor’s demand;
- (b) assets of the obligor held in financial institutions; and
- (c) public and private retirement funds. SOURCE: Added by P.L. 24-129:13 (Feb. 16, 1998).
§ 34104. Dependent Child; Absent Parent.
(a) When a custodial parent or person entitled to spousal support is accepted for welfare or food stamp assistance, and the Department of Public Health and Social Services determines that there is an absent parent or former spouse who is or should be paying support to the custodial parent, the Department of Public Health and Social Services shall give prompt notification to the Attorney General with such information as the Director of Public Health and Social Services and the Attorney shall agree is appropriate and necessary to collect support. (b) In all cases in which the absent parent is in Guam and his or her whereabouts known, a representative of the Attorney General shall interview such parent as soon as possible after the notice is received or the matter is otherwise received by the Attorney General for action. The Attorney General’s office shall determine such parent’s ability to support his or her children, attempt to reach a stipulated settlement so that the parent can comply with his or her obligation to support his or her children, attempt to reach a stipulated settlement so that the parent can comply with his or her obligation to support his or her children, discuss his or her parental responsibilities and explore the possibility of the resumption of a parental relationship with the children. Failure to conduct such an interview shall not be a defense in any court action to collect or set support. SOURCE: GC § 9120.52 added by P.L. 16-010 (May 22, 1987). Subsection (d)(7) added by P.L. 18-017:3 (Oct. 5, 1985); repealed and reenacted by P.L. 20-170:5 (May 15, 1990).
§ 34105. Action.
(a) I Liheslaturan Guåhan has determined there is public policy in favor of establishing paternity, of having parents support their children, and in having fair and equitable support orders. Therefore, whether or not the minor children have been or are recipients of public assistance, the Department acting in the best interests of the children and the Island of Guam, may bring an action in its own name or join in an action already in existence against the person or persons responsible for the support of such children: (1) to recover such amounts of back support and any other amounts as may be due and owing under an existing court order, whether owed to the Department or to the custodial parent or other person having custody of the minor child; (2) for a continuing order of support for the benefit of such children;
- to establish paternity;
- to move to modify existing orders up or down as the circumstances and equity demand;
- to obtain orders of wage assignment; (6) to recover amounts for which a parent is legally liable to Guam as a result of public assistance having been granted due to the separation or desertion of the parent from his or her child or children; (7) to recover necessary expenses incurred by or for the mother in connection with the birth of her child, for the funeral expenses if the child has died, for expenses incurred in connection with pregnancy of the mother, except as limited by (b) of this Section;
TITLE 5 GOVERNMENT OPERATIONS CH. 34 CHILD SUPPORT
(8) to recover reimbursement of the cost of support for the child before the commencement of the action, determined by using the appropriate Child Support Guidelines currently in effect, except as limited by (b) of this Section; and (9) to obtain orders requiring the obligor owing back support to pay in accordance with a plan approved by the court or child support enforcement agency, and to seek court ordered job searches as necessary for unemployed or underemployed absent parents; provided, that if an obligor is under an approved payment plan but not working and not incapacitated, the obligor shall be ordered to participate in a job search. (b) If an action is commenced after the lapse of more than six (6) years from the birth of the child, an amount shall not be awarded for expenses or support under (a)(7)-(8) of this Section that accrued before the date on which the action was commenced unless one (1) or more of the following circumstances exists: (1) Paternity has been acknowledged by the father in writing in accordance with applicable statutes. (2) The non-custodial parent is out of the Island of Guam, was avoidin