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TITLE 5 GUAM CODE - GOVERNMENT OPERATIONS CHAPTER 34 Child Support NOTE: Compiler has 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. For all questions about Guam Divorces, custody or support, ask for attorney Ron Moroni. 1-866-472-1540. Articles 2 Actions Against License for Failure to Pay Child Support Enforcement of Support
§34101. Legislative Intent and Severability. §34101.1 Support Orders of Minor Parents. §34103. Enforcement of Support Office Created. §34103.1. Power of Child Support Office, Employees and Agents. §34103.2. Reporting of Credit Bureaus. §34103.3. Securing Assets to Satisfy Past Due Child Support. §34104. Dependent Children; Absent Parent. §34105.1. Entry of Attorney General By Court Motion. §34106. Enforcement of Support; Procedure. §34107. Judgments and Proceeds. §34108. Child Support Enforcement for the Non-Public Assistance. §34109. Duty of Agencies to Cooperate. §34110. Assistance by Private Parties. §34111. Collection, Accounting & Disbursement of Funds. §34112. Parent Locator Service. §34113. Authority to Contract for Services. §34116. Inability to Pay No Defense. §34116.1. Defense to support if income different. §34117. Assignment of Support Rights. §34119. Trial of Paternity and Standard Proof. §34119.1. Judgment of Paternity Full Faith and Credit. §34119.2 Temporary Support Orders. §34119.3. Voluntary Acknowledgment of Paternity. §34120. Failure to Provide Visitation Rights a Separate Issue. §34121. Vacation or Modification of Orders. §34121.1. Information to be Include in Support Orders. §34122. Presumption of and Service of Process of Child Support Services. §34123. Registration of Foreign Support Orders. §34124. Effect of Registration; Enforcement Procedure. §34125. Mandatory Attachment of Territorial Income Tax Refund. §34126. When Bond is Required. §34128. Health Care Insurance Mandatory. §34129. Order Reduced to Judgment. §34130. Reports to Consumer Reporting Agencies. §34132. Mandatory Wage Assignment. §34132.1. Lien for Past Due Child Support. §34133.1. Implementation of Income Withholding. §34134. Termination of Wage Assignment. §34135. Multiple Wage Assignments. §34137. Maximum Amount Assignable. §34138. Employer's Rights and Responsibilities. §34139. Income Withholding, Generally; Definitions. §34140. Initiation of Wage Assignments and Cooperation With Other Jurisdictions. §34141. Responsibilities for Entering a Support Order of Another Jurisdiction. §34142. Notice of Foreign Support Order. §34143. Income Withholding Hearing. §34144. Income Withholding Order. §34145. Notice to Employer and Other Provisions. §34146. Distribution of Collected Support Payments. §34147. Voluntary Income Withholding. §34150. Availability of Remedies Contained in this Article. §34151. Applicability of Provisions of this Article. §34152. Child Support Disbursement Unit. §34152.1. Child Support Case Registry. §34153. Hearings for temporary child support in divorce and separate maintenance actions.
§34101. Short Title, Legislative Intent and Severability. (a) This Chapter may be filed as the Personal Responsibility and Self-Sufficiency Act of 1997. (b) The Guam Legislature finds and declares that families that receive public assistance possess a sense of responsibility and accountability. The Guam Legislature 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 (3) 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. 18-17:1. Codified by Compiler. Repealed and reenacted by P.L. 24-129:2.
§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: (1) the custodial parent and non-custodial parent of the child are both less than eighteen (18) years of age; and (2) 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.
§34102. Definitions. As used in this Chapter: (1) 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. (2) Department means the Department of Law, unless otherwise expressly provided or unless the context clearly requires otherwise. (3) Dependent child means a person who has not reached the age of majority or who is eligible for assistance to dependent children. (4) Public assistance or assistance means any money payments made by the Department which are paid to or for the benefit of any dependent child. (5) Child Support Enforcement Agency means the Department of Law, Family Division. SOURCE: GC §9120.50. Added by P.L 16-10; R/R by P.L. 20-170:4. Subsection (5) added by P.L. 24-129:10.
§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. 16-10. Subsection (a) amended by P.L. 18-17:2.
§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; (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. SOURCE: Added by P.L. 24-129:11.
§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.
§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 (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.
§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 is 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. 16-10. Subsection (d)(7) added by P.L. 18-17:3; R/R by P.L. 20-170:5.
§34105. Action. The Legislature 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; (3) To establish paternity; (4) To move to modify existing orders up or down as the circumstances and equity demand; (5) 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 wit 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; and (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. (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 avoiding service of process, or threatened or coerced the custodial parent not to file an action during the six (6) year period. The court may award an amount for expenses or support that accrued before the date the action was commenced if the action was commenced during a period of time equal to the sum of six (6) years and the time the non-custodial parent was out of the Island of Guam, was avoiding service of process, or threatened or coerced the complainant not to bring an action under this Chapter. (c) If a family ceases to receive public assistance under the Title IV-A program of Guam, the Child Support Enforcement Agency shall provide appropriate notice to the family that the Child Support Enforcement Agency will continue to provide services to the family, unless the family provides written notice of request not to do so, and the Child Support Enforcement Agency shall continue to provide such services, subject to the same conditions, and on the same basis as in the case of other individuals to whom services are provided, except that an application or other request to continue services shall not be required of such family. SOURCE: GC §9120.53 added by P.L. 16-10; Subsection (d) added as (e) by P.L. 18-17:15 and renumbered by Compiler. Subsection (a) repealed/reenacted by P.L. 22-99:2 (3/31/94). Amended by P.L. 24-116:7. Subsection (c) added by P.L. 24-129:14.
COURT DECISIONS: SUPER.CT. 1983 Guam's plan allows the Department of Public Health and Social Services to recover the amount expended by the Department or the amount due under a court order, whichever is less. DPH&SS and Gogo v. Gogo, Domestic Case #715-78. [The section has been amended since this case to change the amount of recovery.] §34105.1. Entry of Attorney General by court motion. The court may, upon its own motion or the motion of a party, order the entry of the Attorney General in any case where the interests of a minor child so require SOURCE: Added by P.L. 22-99:17 (3/31/94).
§34106. Enforcement of Support; Procedure. (a) Whenever the Department refers a case to the Attorney General, the Department shall furnish the Attorney General with the names, ages and addresses of the persons for whom support is being sought; the name and address of the custodial parent; the name and address of the absent parent; the legal basis of the duty of support; the amount of public assistance expended by the Department up until that time, if any; the needs of the family according to welfare budgetary standards; the amount due and owing under an existing court order or agreement, if any; the existence of any factors described in Subsection (d) of 5 GCA §34104, and any other pertinent information. (b) After receiving this information, the Attorney General shall immediately take all steps necessary to obtain an order of support. (c) The grant of aid to the applicant shall not be delayed or be contingent upon investigation by the Attorney General except as provided in Subsection (d) of this Section. (d) The Attorney General shall investigate complaints of the Department of continued absence of a parent of a child or children who qualifies for assistance under the laws providing such assistance for underage dependent children. (e) The Attorney General shall prepare and file a complaint in the name of the Department and prosecute such proceedings whenever his investigation shows such prosecution is warranted. The proceedings shall be governed by the Rules of Civil Procedure. (f) In any child support action or paternity action in which the government appears, the Attorney General represents solely the interest of the territory in establishing paternity and in providing child support enforcement services under Federal and Guam law. Nothing in this section may be construed to modify any statutory mandate, authority or confidentiality required of any government agency, nor does representation by the Attorney General create an attorney-client relationship between the attorney and any party, other than the territory. The mandate of the Attorney General in child support cases is to take all steps necessary to obtain fair and equitable child support from all persons liable therefor, and to represent the interests of the government of Guam. SOURCE: GC §9120.54 added by P.L. 16-10; Subsection (a) repealed and reenacted by P.L. 18-17:5 and (b) by P.L. 18-17:6. Subsection (f) added by P.L. 22-99:3 (3/31/94).
§34107. Judgments and Proceeds. Upon final hearing, judgment for the Department shall include all sums expended during the pendency of the action. When the Department recovers judgments it may enforce, compromise or settle the judgments with the consent of the Attorney General in any way considered to be in the public interest. Any proceeds of judgments or settlements shall be deposited in the General Fund. SOURCE: GC §9120.55 enacted by P.L. 16-10.
§34108. Child Support Enforcement for the Non-Public Assistance. (a) Upon application, the Department shall make services relating to the establishment of paternity and in enforcement of child obligations described in this Chapter available to persons not receiving aid to dependent children. (b) The Department may require payment of an application fee for such services and the deductions for cost in excess of such fee from amounts collected on behalf of such persons. (c) The Office of the Attorney General shall represent the non-recipient spouse or child in the same manner as recipients except that all complaints shall be filed in the name of the parent or minor child. SOURCE: GC §9120.56 enacted by P.L. 16-10.
§34109. Duty of Agencies to Cooperate. (a) All agencies, departments, bureaus and divisions shall cooperate in locating absent parents who are not supporting their children, and shall provide to the Department or the Attorney General, on request, all the information it has about the income, location and property of the absent parent, notwithstanding other provisions of law which make such information confidential. The Department and the Attorney General may use this information only to obtain child support from absent parents and shall make no disclosures of it except for that purpose. (b) Nothing in this Section shall be construed to compel the disclosure of information relating to an absent parent who is a recipient of aid under a public assistance program for which Federal aid is paid to this Territory, if such information is required to be kept confidential by the Federal law or regulations relating to such program. SOURCE: GC §9120.57 enacted by P.L. 16-10. Subsection (a) repealed and reenacted by P.L. 18-17:7.
§34109.1. Agreements with Financial Institutions. (a) The Attorney General, or a designated representative, shall enter into agreements with financial institutions doing business on Guam to coordinate the development and operation of a system for matching data, using automated exchanges of data to the maximum extent feasible. (b) A financial institution doing business on Guam shall: (1) cooperate with the Attorney General, or a designated representative, in carrying out Subsection (a) of this §34109.1; (2) use the system to provide to the support enforcement agency for each calendar quarter the name, address of record, social security number or other number assigned for taxpayer identification, and other identifying information for each responsible parent who maintains an account at the financial institution, as identified by the support enforcement agency by name and social security number of other number assigned for taxpayer identification; (3) surrender to the support enforcement agency such assets held by the financial institution on behalf of the responsible parent as may be required by the support enforcement agency in response to the receipt from the support enforcement agency of a; (A) notification of a lien against a responsible parent which arises pursuant to an order of a tribunal of Guam or is entitled to full faith and credit pursuant to this Chapter or the Uniform Interstate Family Support Act; (B) notice of attachment pursuant to this Chapter. (4) except as otherwise provided in Subsection (b)(3) of this §34109.5, in response to the receipt of notice of a lien which is entitled to full faith and credit pursuant to this Chapter or the Uniform Interstate Family Support Act or notice of a levy on such a lien, encumber or surrender, as the case may be, such assets held by the financial institution on behalf of the responsible parent as may be required to enforce the lien. A financial institution doing business on Guam which receives from the support enforcement agency a notice of lien, notice of attachment or notice of levy on a lien is not required to encumber or surrender any assets received by the financial institution on behalf of the responsible parent after the financial institution received the notice of lien, notice of attachment or notice of levy on a lien. (c) A financial institution may not be held liable in any civil or criminal action for: (1) any disclosure of information to the support enforcement agency pursuant to this §34109.1; (2) encumbering or surrendering any assets held by the financial institution pursuant to this §34109.1; (3) any other action taken in good faith to comply with the requirements of this §34109.5. (d) If a court issues an order to return to a responsible parent any assets surrendered by a financial institution pursuant to Subsection (b) of this §34109.5, the support enforcement agency is not liable to the responsible parent for any of those assets that have been provided to another person or agency in accordance with the order for payment of support SOURCE: Added by P.L. 24-129:15.
§34110. Assistance by Private Parties. Upon request of the Attorney General, or upon receipt of a subpoena issued by the clerk of the Superior Court of Guam, at the request of a private attorney representing an obligee, any employer in Guam, including government of Guam departments, agencies, and entities, shall furnish to the Attorney General or such private attorney representing an obligee the last known address, social security number and any information it has concerning wages, salary, and income of the absent parent the subject of the request or subpoena. SOURCE: GC §9120.58 enacted by P.L. 16-10, as repealed and reenacted by P.L. 18-17:8; R/R by P.L. 20-170:6.
§34111. Collection, Accounting and Disbursement of Funds. (a) The Department shall cooperate with the Department of Public Health and Social Services, the Department of Administration, and the Superior Court of Guam in the collection, accounting for and disbursement of funds paid pursuant to any order of support issued by the Superior Court or any other state having jurisdiction when such order affects the Department of Public Health and Social Services, a welfare recipient or a person receiving assistance pursuant to the provisions of this subchapter. (b) With respect to any funds paid to the Department of Public Health and Social Services, pursuant to any order of support, which have remained unclaimed for not less than two (2) years after diligent effort to locate the person entitled to such funds, the Superior Court may enter an order decreeing: (1) That the funds be returned to the person who paid them pursuant to the order of support; or (2) That the funds be deposited with the Treasurer of Guam in an interest-bearing account for a period of five (5) years, after which time, if still unclaimed, the funds shall escheat to the government of Guam. (c) If a claimant proves to the satisfaction of the Superior Court within five (5) years after the deposit of funds under paragraph (2) of subsection (b) of this section that he or she has a just and legal claim to any part of the funds, the Court may order that repayment shall be made to such claimant. The clerk of the court shall issue a certificate under the official seal of the court embodying the terms and provisions of the order and transmit the certificate to the Office of the Treasurer with whom the funds were deposited. (d) The Department shall ascertain the ability of an absent parent to support or contribute to the support of his or her dependents, in accordance with a child support formula accepted and approved by the Attorney General. SOURCE: GC §9120.59 enacted by P.L. 16-10; R/R by P.L. 20-170:7.
§34112. Parent Locator Service. The Department shall operate a parent locator service for the location of any parent who has abandoned or deserted any child, irrespective of whether such child is or is not receiving aid to families with dependent children. The records of such service shall contain as far as is known: (a) the full and true name of each parent together with any known alias and last known address; (b) date and place of birth; (c) social security number; (d) employment history; (e) military records, if any; (f) police records, if any; and (g) whether a proceeding has been instituted against such parent to enforce the laws respecting the desertion, abandonment and support of his or her children and a statement as to the current status and result of any such proceeding and any further information that may be of assistance in locating such persons. SOURCE: GC §9120.60 enacted by P.L. 16-10.
§34113. Authority to Contract for Services. In order to fulfill its obligations imposed by this Chapter, the Child Support Enforcement Office may contract with any government of Guam agency, any federal government agency or any other person to aid in collecting or to collect support obligations. SOURCE: Added by P.L. 18-17:9.
§34114. Late Charges. (a) Interest shall accrue at the rate of twelve percent (12%) per annum on a non-custodial parent's unpaid balance as of the last day of the previous month. A non-custodial parent's unpaid balance shall be the arrearage shown on the records at the Department of Law, except to the extent monthly unpaid balances may be corrected by the court in the course of reducing arrearages to judgment under 5 GCA §34129. Payments on arrearages shall be applied to interest first, then to principal. (b) When a support order fails to state the date upon which support payments are to commence, the payments shall commence on the first day of the month next following the effective date of the order, and, if payments are monthly, on the first day of each month thereafter. (c) Unless an order of the court specifies some other effective date, the effective date of an order of support shall be the date that the court makes a ruling from the bench if the court makes an oral order at a hearing, or the date the order is entered whichever is earlier. If a support order is based on a stipulation of the parties, the effective date shall be the date the stipulation is first filed or presented to the court, either orally or in writing, unless the stipulation as approved contains some other effective date. (d) Unless a support order provides for specific due dates, monthly support payments shall be due and payable on the first day of every month. If support is by order to be paid on a date certain, it shall become delinquent if not paid on or before that date. If a due date falls on a Saturday, Sunday, or legal Guam holiday, the payment shall become due on the regular business day next following. SOURCE: Added by P.L. 18-17:10; R/R by P.L. 20-170:8. Subsection (a) repealed and reenacted by P.L. 24-116:8.
§34115. Fee. The Department of Law shall represent those persons not within the Federal Aid for Dependent Children Program for the cost of one cent (1¢), which cost the government of Guam will absorb on behalf of such persons SOURCE: Added by P.L. 18-17:11; R/R by P.L. 20-170:9. R/R P.L. 22-99:4 (3/31/94).
§34116. Inability to Pay No Defense. Inability to pay because of unreasonable obligations voluntarily incurred shall not constitute a defense in contempt proceedings for violation of the duty to support. SOURCE: Added by P.L. 18-17:12.
§34116.1. Defense to support if income different. As to cases filed after the effective date of this section, in any action for paternity, guardianship, child support, divorce, or separate maintenance, in which there is a minor child or minor children and for which there is no previous order (temporary or permanent) for child support, the court may in such cases enter an order for child support effective nunc pro tunc to the date of the filing of the complaint but not exceeding one (1) year; provided, however, that reasonable provisions shall be made for payment of such amounts, if paid as ordered. The obligor may raise as a defense to such entry nunc pro tunc that the obligor’s income between the time of filing the complaint and the date of the order was such that during such period the obligor would have been unable to pay such child support or could only have reasonably paid reduced child support during such period. SOURCE: Added by P.L. 22-99:16 (3/31/94).
§34117. Assignment of Support Rights by Applicants for Public Assistance. An applicant for assistance under this Chapter is deemed to have assigned to the Department at the time of application all rights to child support from any other person the applicant may have on his own behalf or on behalf of any child for whom application is made. The assignment: (1) is effective as to both current and accrued child support obligations; (2) takes effect upon a determination that the applicant is eligible for assistance under this Chapter; and (3) terminates when an applicant ceases to receive public assistance except with respect to the amount of any unpaid support obligation accrued under the assignment. Whenever an applicant to whom a duty to support is owed applies for assistance, the Department shall give him notice that these support rights will be assigned. If the applicant accepts support in money or in kind from the obligor after applying for public assistance, the applicant shall reimburse the Department for the amount of support so received. The Child Support Enforcement Office has authority to enforce this right on the Department's behalf. SOURCE: Added by P.L. 18-17:13.
§34118. Payment Schedule. (a) The Attorney General shall adopt, pursuant to the Administrative Adjudication Law, a schedule of normal child support payments to be paid by a non-custodial parent to a custodial parent pursuant to subsections (c)(1) and (c)(2) of this section, to be updated every two (2) years. (b) The presumptions set forth in subsections (c)(1) and (c)(2) of this section shall be considered by the court in setting child support. The court shall enter appropriate written or specific findings on the record if it finds that it would be unjust or inappropriate to apply the presumptions created by such subsections (c)(1) and (c)(2), which presumptions will thereby be sufficiently rebutted. (c) The payment schedule shall be prepared as follows: (1) The schedule shall include tables based on the income of the parties which establish the amounts of support which each parent can afford to contribute to the care of the minor children. The amounts established by that part of the schedule which is based upon the earnings of the parents shall operate as a rebuttable presumption as to the amounts of support which each parent can afford to contribute towards the care of the minor child or children. (2) The schedule shall include tables showing the average dollar amounts necessary to raise from one (1) to at least fifteen (15) children irrespective of the income of the parents, based on accepted welfare guidelines and statistics, food stamp guidelines, average costs of raising children nationwide taking into account Guam's income levels and the island's unique culture, expenses, and the needs of children raised on Guam, and such other matters as the Attorney General deems relevant. The figures set out in such tables shall operate as a rebuttable presumption as to the needs of the child or children. (d) The schedule shall take into account the income of each parent and the necessary and reasonable expenses and debts of each of the parties, the needs of the child or children, the needs of the custodial parent as to assistance in caring for the minor child or children, and the ability of each parent to pay. In any court hearing, such criteria shall be applied by the court in conjunction with the rebuttable presumptions arising from the schedules in arriving at an equitable child support order. The schedule shall contain definitions as to income, expenses, and other matters so that the schedule is clear and understandable so as to minimize litigation over child support payments. (e) Until a new schedule is promulgated as required by this section, the schedule previously promulgated by the Director of Public Health and Social Services shall continue to be used in the manner specified by Public Law 18-17 as a guideline in cases where the court deems it relevant. (f) The non-custodial or custodial parent for which child support has been previously ordered shall have a right to petition the Family Court, Hearings Division or the Department not more than once every three (3) years for review and adjustment of the child support order without having to show a change of circumstances. The non-custodial or custodial parent shall not be precluded from petitioning the Family Court, Hearings Division or the child support enforcement agency for review and adjustment of the child support order more than once in any three (3) year period if the second or subsequent request is supported by proof of a substantial or material change of circumstances. SOURCE: Added by P.L. 18-17:14; R/R by P.L. 20-170:10. Subsection (f) added by P.L. 24-119:16.
§34119. Establishment of Paternity. (a) Proceedings to establish the paternity of the child may be instituted during the pregnancy of the mother or after the birth of the child, but not after the child becomes eighteen (18) years of age. (b) Complaint: (1) Paternity proceedings are commenced by the filing of a complaint that includes the social security number of each party, if known, and that alleges a woman is the mother of a child or children conceived out of wedlock and that the defendant is the biological father of the child or children. (2) Maternity proceedings are commenced by the filing of a complaint that includes the social security number of each party, if known, and that alleges that a woman is the mother of a child or children conceived out of wedlock and that the woman as defendant, is the mother of the child or children. (c) The procedures upon the filing of the complaint shall be as in other civil cases. In addition to the above procedures, the following alternate procedure shall be permissible: (1) at the time of the filing of the summons and complaint, a notice of hearing shall issue directing the defendant to be present before the court; (2) the answer may be made orally by the defendant at that time by personal appearance before the judge and by oral presentation of the pleading; and (3) if the answer is made admitting the elements of the complaint, a judgment may be entered forthwith or the Court may set a subsequent time for a hearing and establishment of the terms of the judgment. (d) If a defendant denies paternity, the determination of paternity shall be made to the Court without a jury. The trial shall be a civil trial. The standard of proof shall be by clear and convincing evidence. (e) When the paternity of a child is denied under this §34119, the child and all other parties shall be ordered by the Court to submit to genetic testing upon request of any party to the action if the request is accompanied by a sworn statement by the party alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties or denying paternity and setting forth facts establishing a reasonable possibility of the non-existence of sexual contact between the parties. (f) The genetic testing conducted shall be of a type generally acknowledged as reliable by accreditation bodies and shall be performed by a laboratory approved by an accreditation body designated by the United States Secretary of Health and Human Services. (g) In any trial brought under this Chapter, a report of the facts and results of genetic tests ordered by the Court or by the child support enforcement agency under this Chapter shall be admissible in evidence by affidavit of the person whose name is signed to the report, attesting to the procedures followed in obtaining the report. A report of the facts and results of genetic tests shall be admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy, unless objection is made. The genetic testing performed shall be of a type generally acknowledged as reliable by accreditation bodies designated by the United States Secretary of Health and Human Services. An alleged parent or party to the paternity action who objects to the admission of the report concerning the genetic test results must file a motion no later than twenty (20) days after receiving a copy of the report and shall show good cause as to why a witness is necessary to lay the foundation for the admission of the report as evidence. The Court may, sua sponte, or at a hearing on the motion, determine whether a witness shall be required to lay the foundation for the admission of the report as evidence. The right to call witnesses to rebut the report is reserved to all parties. (h) Should an original test result be contested, the Court shall order further genetic testing with payment of the testing to be advanced and paid for by the contesting party. (i) If the results of the genetic testing indicate that the likelihood of the alleged father is ninety-five percent (95%) or greater, the alleged father is conclusively presumed to be the parent of the child. (j) If the alleged father contests paternity and is found to be the father, he shall reimburse the Department for the genetic test costs of all the parties. (k) If the mother denies the paternity of the alleged father and he is found to be the father, the mother shall reimburse the Department for the genetic test costs for all the parties. SOURCE: Added by P.L. 18-17:16; R/R by P.L. 20-170:11. R/R by P.L. 22-99:5 (3/31/94). Repealed and reenacted by P.L. 23-139:1. Repealed and reenacted by P.L. 24-129:3.
CROSS-REFERENCES: The Judicial Council Adopted, in December 1994, the following Evidentiary Rule governing genetic testing in conformance with subsection (b): The results of medically reliable blood or other genetic tests that are generally acceptable within the scientific community to show a probability of paternity may be introduced into evidence when paternity is in dispute. Test results showing a probability of 95% or greater are admissible into evidence upon showing verified documentation of the chain of custody of the blood or other specimens without the necessity of calling an expert witness from off-island.
§34119.1. Judgment of Paternity. Full faith and credit. Any judgment of paternity, whether established through a voluntary acknowledgment process, or established by a court or administrative entity of this territory, or any other state or jurisdiction, is entitled to full faith and credit in this territory. SOURCE: Added by P.L. 23-139:2.
§34119.2. Temporary Support Orders. (a) The Court shall issue a temporary order of support pending a judicial determination of paternity if (1) genetic testing affixes at least a ninety-five percent (95%) probability of paternity; (2) a notarized statement is signed by both parties acknowledging paternity or separate substantially similar notarized statements are signed acknowledging paternity and filed with the Department of Public Health and Social Services, Vital Statistics; or (3) there is other clear and convincing evidence as determined by a court. (b) A temporary order of support does not prejudice the rights of a person and child that are adjudicated at subsequent hearings in the proceeding. (c) A temporary order of support may be revoked or modified and terminates when the final support order is entered or when the petition for support is dismissed. SOURCE: Added by P.L. 24-129:17.
§34119.3. Voluntary Acknowledgment of Paternity. (a) The Department or the parent of a child born out of wedlock may establish paternity by filing with the Department of Public Health and Social Services, Vital Statistics, either a notarized statement that contains the social security numbers of both parents, that is signed by both parents and that acknowledges paternity or by separate, but substantially similar, notarized statements that acknowledges paternity. A signed voluntary acknowledgment of paternity shall constitute a legal finding of paternity and has the same force and effect as a Superior Court judgment, subject to the right of any signatory to rescind the acknowledgment: (1) within sixty (60) days of the signature; or (2) before the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order to which the signatory is a party, whichever is sooner. (b) Following the sixty (60) day period referred to in Subsection (a) of this §34119.3, a signed voluntary acknowledgment of paternity may be challenged in Court only on the basis of fraud, duress or material mistake of fact, with the burden of proof on the challenger. The legal responsibilities of any signatory arising from the acknowledgment including child support obligations shall not be suspended during the challenge except for good cause shown. (c) The courts and office of child support hearings of Guam shall give full faith and credit to affidavits for the voluntary acknowledgment of paternity signed in any state or territory and these affidavits shall constitute legal findings of paternity, subject to Subsections (a) and (b) of this §34119.3. (d) Judicial and administrative hearings shall not be required or permitted to ratify an unchallenged acknowledgment of paternity. SOURCE: Added by P.L. 24-129:18.
§34119.4. Hospital Paternity. (a) Upon the birth of a child to an unmarried woman, and prior to discharge, any hospital, physician health care provider, midwife or nurse who assists in the birth of the child shall: (1) provide an opportunity for the child's mother and alleged father to sign, under oath, an affidavit of paternity; and (2) provide to the mother and to the alleged father, any necessary oral information, and also written information furnished by the Department which describes, among other things, the rights and responsibilities of parentage; the benefits of having the child's paternity established; the alleged father's legal rights and responsibilities, including his right to request genetic testing; the child's right to received child support; that a signed affidavit of paternity creates a rebuttable presumption of paternity; that a signed affidavit of paternity allows the establishment of a support obligation without requiring further proceedings to establish paternity; and, that completion of the affidavit of paternity is voluntary and is not required of either the mother or the alleged father. (b) The fully completed, signed and notarized original affidavit of paternity, if obtained, shall be forwarded to the Department of Public Health and Social Services, Vital Statistics within seven (7) days following the birth of the child. SOURCE: Added by P.L. 24-129:19.
§34119.5. Evidence of Bills. In any action to establish paternity, medical bills related to childbirth, pregnancy or confinement expenses, and genetic testing bills shall be admissible as evidence without foundation testimony, and shall constitute prima facie evidence of the amounts incurred. SOURCE: Added by P.L. 24-129:20.
§34120. Failure to Provide Visitation Rights a Separate Issue. The existence or enforcement of a duty of support owed by an absent parent for the support of a minor child shall not be affected by a failure or refusal by the custodial parent to implement any rights as to custody or visitation granted by a court to the absent parent. SOURCE: Added by P.L. 18-17:17.
§34121. Vacation or Modification of Orders. An order for child support is a final judgment as to any installment or payment of money which has accrued up to the time either party makes a motion to set aside, alter or modify the order. The provisions of any order respecting maintenance or support may be modified only as to installments accruing subsequent to the motion for modification and only upon a showing of a substantial and material change of circumstances. Furthermore, any order directing payment of money for support or maintenance of the spouse or the minor child or children shall not be suspended nor the execution of the order stayed pending an appeal. The Superior Court of Guam shall have authority to modify any order, award, stipulation, or agreement as to child support (whether or not merged or integrated into a decree of divorce or separation) upon a showing of substantial and material change of circumstances. Inability to provide support or need for increased support because of unreasonable obligations voluntarily incurred shall not constitute a showing of substantial | |||||||||||||
