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Articles: 2 Extended Personal Jurisdiction 3 Civil Provisions of General Application 4 Establishment of Support Order 5 Enforcement of Order of Another State Without Registration 6 Enforcement and Modification of Support Order After Registration. General Provisions. §35104. High-Volume Automated Administrative Enforcement.
§35101. Definitions. In this Chapter: (a) Child means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. (b) Child support order means a support order for a child, including a child who has attained the age of majority under the law of the issuing state. (c) Duty of support means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. (d) Home state means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period. (e) Income includes earnings or other periodic entitlements to money from any source and any other periodic entitlements to money from any source and any other property subject to withholding for support under the law of the state. (f) Income withholding order means an order or other legal process directed to an obligor's employer as defined by Section 34139 of Title 5, Guam Code Annotated, to withhold support from the income of the obligor. (g) Initiating state means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this Chapter or a law or procedure substantially similar to this Chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (h) Initiating tribunal means the authorized tribunal in an initiating state. (i) Issuing state means the state in which a tribunal issues a support order or renders judgment determining parentage. (j) Issuing tribunal means the tribunal that issues a support order or renders a judgment determining parentage. (k) Law includes decisional and statutory law and rules and regulations having the force of law. (l) Obligee means: (1) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered; (2) A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or (3) An individual seeking a judgment determining parentage of the individual's child. (m) Obligor means an individual, or the estate of a decedent: (1) Who owes or is alleged to owe a duty of support; (2) Who is alleged but has not been adjudicated to be a parent of a child; or (3) Who is liable under a support order. (n) Register means to file a support order or judgment determining parentage in the family court of this state. (o) Registering tribunal means a tribunal in which a support order is registered. (p) Responding state means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state or territory under this Chapter or a law or procedure substantially similar to this Chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (q) Responding tribunal means the authorized tribunal in a responding state. (r) Spousal support order means a support order for a spouse or former spouse of the obligor. (s)
State
means
a
state
of
the
(1) An Indian tribe; and (2) A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this Chapter, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act. (t) Support enforcement agency means a public official or agency authorized to seek: (1) Enforcement of support orders or laws relating to the duty of support; (2) Establishment or modification of child support; (3) Determination of parentage; or (4) Location of obligors or their assets. (u) Support order means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and otherrelief. (v) Tribunal means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. §35102.
Tribunals
of
State.
The
Superior
Court
of
Guam,
the
Judicial
Hearings
Division
of
the
Superior
Court
of
Guam
and
the
child
support
enforcement
agency
are
the
tribunals
of
§35103. Remedies cumulative. Remedies provided by this Chapter are cumulative and do not affect the availability of remedies under other law. §35104.
High-Volume
Automated
Administrative
Enforcement.
The
SOURCE: Added by P.L. 26-148:30 to reflect updated federal requirements that this system be provided for in law.
Extended Personal Jurisdiction §35201. Bases for Jurisdiction Over Non-resident. §35202. Procedure When Exercising Jurisdiction Over Non-resident. §35201.
Bases
for
jurisdiction
over
non-resident.
In
a
proceeding
to
establish,
enforce,
or
modify
a
support
order
or
to
determine
parentage,
a
tribunal
of
(1)
the
individual
is
personally
served
with
summons
or
notice
within
(2)
the
individual
submits
to
the
jurisdiction
of
(3)
the
individual
resided
with
the
child
in
(4)
the
individual
resided
in
(5)
the
child
resides
in
(6)
the
individual
engaged
in
sexual
intercourse
in
(7) the individual asserted parentage in the Office of Vital Statistics maintained in Guam by the Department of Public Health and Social Services; or (8)
there
is
any
other
basis
consistent
with
the
Organic
Act
of
Guam
and
the
Constitution
of
the
§35202.
Procedure
when
exercising
jurisdiction
over
nonresident.
A
tribunal
of
Proceeding Involving Two or More States §35203. Initiating and Responding Tribunal of State. §35204. Simultaneous Proceedings in Another State. §35205. Continuing, Exclusive Jurisdiction. §35206. Enforcement and Modification of Support Order by Tribunal Having Continuing Jurisdiction. §35203.
Initiating
and
responding
tribunal
of
State.
Under
this
Chapter,
a
tribunal
of
§35204.
Simultaneous
proceedings
in
another
state.
(a)
A
tribunal
of
(1) The petition or comparable pleading in Guam is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state; (2) The contesting party timely challenges the exercise of jurisdiction in the other state; and (3)
If
relevant,
(b)
A
tribunal
of
(1)
The
petition
or
comparable
pleading
in
the
other
state
is
filed
before
the
expiration
of
the
time
allowed
in
(2)
The
contesting
party
timely
challenges
the
exercise
of
jurisdiction
in
(3) If relevant, the other state is the home state of the child. §35205. Continuing, exclusive jurisdiction. (a)
A
tribunal
of
(1) As long as Guam remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (2)
Until
all
of
the
parties
who
are
individuals
have
filed
written
consents
with
the
tribunal
of
(b)
A
tribunal
of
(c)
If
a
child
support
order
of
(1) Enforce the order that was modified as to amounts accruing before the modification; (2) Enforce non-modifiable aspects of that order; and (3) Provide other appropriate relief for violations of that order which occurred before the effective date of the modification. (d) A tribunal of Guam shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this Chapter or a law substantially similar to this Chapter. (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. (f)
A
tribunal
of
§35206. Enforcement and modification of support order by tribunal having continuing jurisdiction. (a)
A
tribunal
of
(b)
A
tribunal
of
(c)
A
tribunal
of
Part C Reconciliation of Multiple Orders §35207. Recognition of Controlling Child Support Orders. §35208. Multiple Child Support Orders for Two or More Obligees.
§35207. Recognition of controlling child support orders. (a) if a proceeding is brought under this Chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized. (b) If a proceeding is brought under this Chapter, and two or more child support orders have been issued by tribunals of Guam or another state with regard to the same obligor and child, a tribunal of Guam shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction: (1) If only one of the tribunals would have continuing, exclusive jurisdiction under this Chapter, the order of that tribunal controls and must be so recognized. (2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this Chapter, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized. (3)
If
none
of
the
tribunals
would
have
continuing,
exclusive
jurisdiction
under
this
Chapter,
the
tribunal
of
(c)
If
two
(2)
or
more
child
support
orders
have
been
issued
for
the
same
obligor
and
child
and
if
the
obligor
or
the
individual
obligee
resides
in
(d) The tribunal that issued the controlling order under Subsections (a), (b), or (c) of this Section 35207 is the tribunal that has continuing, exclusive interest jurisdiction under Section 35205 of this Chapter. (e) A tribunal of his State which determines by order the identity of the controlling order under Subsections (b)(1) or (b)(2) of this Section 35207 or which issues a new controlling order under subsection (b) (3) of this Section 35207 shall state in that order the basis upon which the tribunal made its determination. (f) Within thirty (30) days after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. §35208. Multiple child support orders for two or more obligees. In responding to multiple registrations or petitions for enforcement of two (2) or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one (1) of which was issued by a tribunal of another state, a tribunal of Guam shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of Guam. §35209.
Credit
for
payments.
Amounts
collected
and
credited
for
a
particular
period
pursuant
to
a
support
order
issued
by
a
tribunal
of
another
state
must
be
credited
against
the
amounts
accruing
or
accrued
for
the
same
period
under
a
support
order
issued
by
the
tribunal
of
Civil Provisions of General Application §35301. Proceedings Under this Chapter. §35302. Action by Minor Parent. §35303. Application of Law of State. §35304. Duties of Initiating Tribunal. §35305. Duties and Powers of Responding Tribunal. §35306. Inappropriate Tribunal. §35307. Duties of Support Enforcement Agency. §35308. Duty of Attorney General. §35310. Duties of Child Support enforcement Agency as State Information Agency. §35311. Pleadings and Accompanying Documents. §35312. Nondisclosure of Information in Exceptional Circumstances. §35314. Limited Immunity of Petitioner. §35315. Nonparentage as Defense. §35316. Special rules of Evidence and Procedure. §35317. Communications Between Tribunals. §35318. Assistance with Discovery. §35319. Receipt and Disbursement of Payments.
§35301. Proceedings under this Chapter. (a) Except as otherwise provided in this Chapter, this article applies to all proceedings under this Chapter. (b) This Chapter provides for the following proceedings: (1) establishment of an order for spousal support or child support pursuant to Article 4 of this Chapter; (2) enforcement of a support order and income withholding order of another state without registration pursuant to Article 5 of this Chapter; (3) registration of an order for spousal support or child support of another state for enforcement pursuant to Article 6 of this Chapter; (4) modification of an order for child support or spousal support issued by a tribunal of Guam pursuant to Part of Article 2 of this Chapter; (5) registration of an order for child support of another state for modification pursuant to Article 6 of this Chapter; (6) determination of parentage pursuant to Article 7 of this Chapter; and (7) assertion of jurisdiction over non-residents pursuant to Part B of Article 2, of this Chapter. (c) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this Chapter by filing a petition in an initiating tribunal for forwarding to responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent. §35302. Action by minor parent. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. §35303.
Application
of
law
of
State.
Except
as
otherwise
provided
by
this
Chapter,
a
responding
tribunal
of
(1) Shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in Guam and may exercise all powers and provide all remedies available in those proceedings; and (2) Shall determine the duty of support and the amount payable in accordance with the law and support guidelines of the State. §35304.
Duties
of
initiating
tribunal.
Upon
the
filing
of
a
petition
authorized
by
this
Chapter,
an
initiating
tribunal
of
(1) To the responding tribunal or appropriate support enforcement agency in the responding state; or (2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. (b) If a responding state has not enacted this Chapter or a law or procedure substantially similar to this Chapter, a tribunal of Guam may issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state. §35305. Duties and powers of responding tribunal. (a) When a responding tribunal of Guam receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection (c) of Section 35301 'Proceedings under this Chapter', it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (b) A responding tribunal of Guam, to the extent otherwise authorized by law, may do one (1) or more of the following: (1) issue or enforce a support order, modify a child support order, or render a judgment to determine parentage; (2) order an obligor to comply with a child support order, specifying the amount and the manner of compliance; (3) order income withholding; (4) determine the amount of any arrearages, and specify a method of payment; (5) enforce orders by civil or criminal contempt, or both; (6) set aside property for satisfaction of the support order; (7) place liens and order execution on the obligor's property; (8) order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment; (9) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants; (10) order the obligor to seek appropriate employment by specified methods; (11) award reasonable attorney's fees and other fees and costs; and (12) grant any other available remedy. (c)
A
responding
tribunal
of
(d)
A
responding
tribunal
of
(e)
If
a
responding
tribunal
of
§35306.
Inappropriate
tribunal.
If
a
petition
or
comparable
pleading
is
received
by
an
inappropriate
tribunal
in
§35307. Duties of support enforcement agency. (a) The child support enforcement agency of Guam, upon request, shall provide services to a petitioner in a proceeding under this Chapter. (b) A support enforcement agency that is providing services to the petitioner as appropriate shall: (1) take all steps necessary to enable an appropriate tribunal in Guam or another state to obtain jurisdiction over the respondent and to process all registration requests received from an individual who has applied for child support enforcement agency services or support enforcement agencies in other jurisdictions; (2) request an appropriate tribunal to set a date, time, and place for a hearing; (3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (4) within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner; (5) within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent of the respondent's attorney, send a copy of the communication to the petitioner; and (6) notify the petitioner if jurisdiction over the respondent cannot be obtained. (c) This Chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. §35308. Duty of Attorney General. If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may order the agency to perform its duties under this Chapter or may provide those services directly to the individual. §35309. Private counsel. An individual may employ private counsel to represent the individual in proceedings authorized by this Chapter. §35310. Duties of child support enforcement agency as state information agency. (a) The child support enforcement agency is the state information agency under this Chapter. (b) The state information agency shall: (1)
compile
and
maintain
a
current
list,
including
addresses,
of
the
tribunals
in
(2) maintain a register of tribunals and support enforcement agencies received from other states; (3) forward to the appropriate tribunal in the place in Guam in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this Chapter received from an initiating tribunal, an individual, or the state information agency of the initiating state; and (4) obtain information concerning the location of the obligor and the obligor's property within Guam not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security. §35311. Pleadings and accompanying documents. (a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this Chapter must verify the petition. Unless otherwise ordered under Section 35312 of this Chapter, 'Nondisclosure of information in exceptional circumstances', the petition or accompanying documents must provide, so far as is known the name, residential address, and social security numbers of the obligor and the obligee, and the name, sex, residential address, social security number, and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent. (b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. §35312 Nondisclosure of information in exceptional circumstances. Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this Chapter. §35313. Costs and fees. (a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses. (c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under Article 6 of this Chapter, 'Enforcement and modification of support order after registration', a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. §35314. Limited immunity of petitioner. (a) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (b)
A
petitioner
is
not
amenable
to
service
of
civil
process
while
physically
present
in
(c)
The
immunity
granted
by
this
section
does
not
extend
to
civil
litigation
based
on
acts
unrelated
to
a
proceeding
under
this
Chapter
committed
by
a
party
while
present
in
§35315. Nonparentage as defense. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this Chapter. §35316.
Special
rules
of
evidence
and
procedure.
(a)
The
physical
presence
of
the
petitioner
in
a
responding
tribunal
of
(b) A verified petition, an affidavit, a document substantially complying with federally mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party of witness residing in another state. (c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the records may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and it admissible to show whether payments were made. (d) Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary. (e)
Documentary
evidence
transmitted
from
another
state
to
a
tribunal
of
(f)
In
a
proceeding
under
this
Chapter,
a
tribunal
of
Guam
may
permit
a
party
or
witness
residing
in
another
state
to
be
deposed
or
to
testify
by
telephone,
audiovisual
means,
or
other
electronic
means
at
a
designated
tribunal
or
other
location
in
that
state.
A
tribunal
of
(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be selfincriminating, the trier of fact may draw an adverse inference from the refusal. (h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this Chapter. (i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this Chapter. §35317.
Communications
between
tribunals.
A
tribunal
of
Guam
may
communicate
with
a
tribunal
of
another
state
in
writing,
or
by
telephone
or
other
means,
to
obtain
information
concerning
the
laws
of
that
state,
the
legal
effect
of
a
judgment,
decree,
or
order
of
that
state,
the
legal
effect
of
a
judgment,
decree,
or
order
of
the
tribunal,
and
the
status
of
a
proceeding
in
the
other
state.
A
tribunal,
and
the
status
of
a
proceeding
in
the
other
state.
A
tribunal
of
§35318.
Assistance
with
discovery.
A
tribunal
of
(1) Request a tribunal of another state to assist in obtaining discovery; and (2) Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state. §35319.
Receipt
and
disbursement
of
payments.
A
support
enforcement
agency
or
tribunal
of
Establishment of Support Order. §35401. Petition to Establish Support Order.
§35401.
Petition
to
establish
support
order.
(a)
If
a
support
order
entitled
to
recognition
under
this
Chapter
has
not
been
issued,
a
responding
tribunal
of
(1) the individual seeking the order resides in another state; or (2) the support enforcement agency seeking the order is located in another state. (b) The tribunal may issue a temporary child support order if: (1) the respondent has signed a verified statement acknowledging parentage; (2) the respondent has been determined by or pursuant to law to be the parent; or (3) there is other clear and convincing evidence that the respondent is the child's parent. (c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Section 35305 of this Chapter, Duties and powers of responding tribunal.
Enforcement of Order of Another State Without Registration §35501. Employer's Receipt of Income Withholding Order of Another State. §35502. Employer's Compliance with Income Withholding Order of Another State. §35503. Compliance with Multiple Income Withholding Orders. §35504. Immunity from Civil Liability. §35505. Penalties for Noncompliance. §35507. Administrative Enforcement of Orders. §35501.
Employer's
receipt
of
income
withholding
order
of
another
state.
An
income
withholding
order
issued
in
another
state
may
be
sent
to
the
person
or
entity
defined
as
the
obligor's
employer
under
Section
34132
of
Title
5,
Guam
Code
Annotated,
without
first
filing
a
petition
or
comparable
pleading
or
registering
the
order
with
a
tribunal
of
§35502. Employer's compliance with income withholding order of another state. (a) Upon receipt of an income withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (b)
The
employer
shall
treat
an
income
withholding
order
issued
in
another
state
which
appears
regular
on
its
face
as
if
it
had
been
issued
by
a
tribunal
of
(c) Except as otherwise provided in subsection (d) of this Section and Section 35503 of this Chapter, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify: (1) the duration and the amount of periodic payments of current child support, stated as a sum certain; (2) the person or agency designated to received payments and the address to which the payments are to be forwarded; (3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment; (4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and (5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to: (1) the employer's fee for processing an income withholding order; (2) the maximum amount permitted to be withheld from the obligor's income; and (3) the times within which the employer must implement the withholding order and forward the child support payment. §35503. Compliance with multiple income withholding orders. If an obligor's employer receives multiple income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees. §35504. Immunity from civil liability. An employer who complies with an income withholding order issued in another sate in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income as to that income withholding order. §35505. Penalties for noncompliance. An employer who willfully fails to comply with an income withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state. §35506.
Contest
by
obligor.
(a)
An
obligor
may
contest
the
validity
or
enforcement
of
an
income
withholding
order
issued
in
another
state
and
received
directly
by
an
employer
in
(b) The obligor shall give notice of the contest to: (1) a support enforcement agency providing services to the obligee; (2) each employer that has directly received an income withholding order; and (3) the person or agency designated to received payments in the income withholding order; or if no person or agency is designated, the obligee. §35507. Administrative enforcement of orders. (a) A party seeking to enforce a support order or an income withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of Guam. (b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of Guam to enforce a support order or an income withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this Chapter. Enforcement and Modification of Support Order After Registration Part A Registration and Enforcement of Support Order §35601. Registering of Order for Enforcement §35602. Procedure to Register Order for Enforcement. §35603. Effect of Registration for Enforcement. §35601.
Registering
of
order
for
enforcement.
A
support
order
or
an
income
withholding
order
issued
by
a
tribunal
of
another
state
may
be
registered
in
§35602.
Procedure
to
register
order
for
enforcement.
(a)
A
support
order
or
income
withholding
order
of
another
state
may
be
registered
in
(1) a letter of transmittal to the registering tribunal requesting registration and enforcement; (2) two copies, including one certified copy, of all orders to be registered, including any modification of an order; (3) a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage; (4) the name of the obligor and, if known: (a) the obligor's address and social security number; (b) the name and address of the obligor's employer and any other source of income of the obligor; and (c)
a
description
and
the
location
of
property
of
the
obligor
in
(5) the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted. (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form. (c)
A
petition
or
comparable
pleading
seeking
a
remedy
that
must
be
affirmatively
sought
under
other
law
of
§35603.
Effect
of
registration
for
enforcement.
(a)
A
support
order
or
income
withholding
order
issued
in
another
state
is
registered
when
the
order
is
filed
in
a
tribunal
of
(b)
A
registered
order
issued
in
another
state
is
enforceable
in
the
same
manner
and
is
subject
to
the
same
procedures
as
an
order
issued
by
a
tribunal
of
(c)
Except
as
otherwise
provided
in
this
article,
a
tribunal
of
§35604. Choice of law. (a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order. (b)
In
a
proceeding
for
arrearages,
the
statute
of
limitation
under
the
laws
of
Part B Contest of Validity of Enforcement §35605. Notice of Registration of Order. §35606. Procedure to Contest Validity or Enforcement of Registered order. §35607. Contest of Registration or Enforcement. §35608. Confirmed Order. §35605. Notice of registration of order. (a) When a support order or income withholding order issued in another state is registered, the registering tribunal shall notify the non-registering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. (b) The notice must inform the non-registering party: (1)
that
a
registered
order
is
enforceable
as
of
the
date
of
registration
in
the
same
manner
as
an
order
issued
by
a
tribunal
of
(2) that a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after receipt of the notice; (3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and (4) of the amount of any alleged arrearages. (c) Upon registration of an income withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to Sections 34132 and 34138 of Title 5, Guam Code Annotated. §35606
Procedure
to
contest
validity
or
enforcement
of
registered
order.
(a)
A
non-registering
party
seeking
to
contest
the
validity
or
enforcement
of
a
registered
order
in
(b) If the non-registering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law. (c) If a non-registering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time and place of the hearing. §35607 Contest of registration or enforcement. (a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registering has the burden of proving one or more of the following defenses: (1) the issuing tribunal lacked personal jurisdiction over the contesting party; (2) the order was obtained by fraud; (3) the order has been vacated, suspended, or modified by a later order; (4) the issuing tribunal has stayed the order pending appeal; (5)
there
is
a
defense
under
the
law
of
(6) full or partial payment has been made; or (7) the statute of limitation under Section 35604 of this Chapter, 'Choice of law, precludes enforcement of some or all of the arrearages. (b)
If
a
party
presents
evidence
establishing
a
full
or
partial
defense
under
Subsection
(a)
of
this
Section
35607,
a
tribunal
may
stay
partial
defense
under
Subsection
(a)
of
this
Section
35607,
a
tribunal
may
stay
enforcement
of
the
registered
order,
continue
the
proceeding
to
permit
production
of
additional
relevant
evidence,
and
issue
other
appropriate
orders.
An
uncontested
portion
of
the
registered
order
may
be
enforced
by
all
remedies
available
under
the
law
of
(c)
If
the
contesting
party
does
not
establish
a
defense
under
Subsection
(a)
of
this
Section
35607
to
the
validity
or
enforcement
of
the
order,
a
tribunal
of
§35608. Confirmed order. Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. Part C Registration and Modification of Child Support Order §35609. Procedure to Register Child Support Order of Another State for Modification. §35610. Effect of Registration for Modification. §35611. Modification of Child Support Order of Another State. §35612. Recognition of Order Modified in another State. §35614. Notice to Issuing Tribunal of Modification. §35609. Procedure to register child support order of another state for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in Guam in the same manner provided in Part A of this Chapter if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. §35610. Effect of registration for modification. A tribunal of Guam may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of Guam, but the registered order may be modified only if the requirements of Section 35611 of this Chapter, 'Modifications of child support order of another state', have been met. §35611.
Modification
of
child
support
order
of
another
state.
(a)
After
a
child
support
order
issued
in
another
state
has
been
registered
in
(1) the following requirements are met: (A) the child, the individual obligee, and the obligor do not reside in the issuing state; (B)
a
petitioner
who
is
a
non-resident
of
(C)
the
respondent
is
subject
to
the
personal
jurisdiction
of
the
tribunal
of
(2)
the
child,
or
a
party
who
is
an
individual,
is
subject
to
the
personal
jurisdiction
of
the
tribunal
of
(b)
Modifications
of
a
registered
child
support
order
is
subject
to
the
same
requirements,
procedures,
and
defenses
that
apply
to
the
modification
of
an
order
issued
by
a
tribunal
of
(c)
A
tribunal
of
(d)
On
issuance
of
an
order
modifying
a
child
support
order
issued
in
another
state,
a
tribunal
of
§35612.
Recognition
of
order
modified
in
another
state.
A
tribunal
of
(1) enforce the order that was modified only as to amounts accruing before the modification; (2) enforce only non-modifiable aspects of that order; (3) provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and (4) recognize the modifying order of the other state, upon registration, for the purpose of enforcement. §35613.
Jurisdiction
to
modify
child
support
of
another
state
when
individual
parties
reside
in
(b)
A
tribunal
of
§35614. Notice to issuing tribunal of modification. Within thirty (30) days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
Determining parentage §35701. Proceeding to Determine Parentage. §35701. Proceeding to determine parentage. (a) A tribunal of Guam may serve as an initiating or responding tribunal in a proceeding brought under this Chapter or a law or procedure substantially similar to this Chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child. (b)
In
a
proceeding
to
determine
parentage,
a
responding
tribunal
of
Interstate Rendition §35801. Grounds for Rendition. §35802. Conditions of rendition. §35801 Grounds for rendition. (a) For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this Chapter. (b)
The
Governor
of
(1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in Guam with having failed to provide for the support of an obligee; or (2)
on
the
demand
by
the
governor
of
another
state,
surrender
an
individual
found
in
(c) a provision for extradition of individuals not inconsistent with this Chapter applies to the demand even if the individuals whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. §35802. Conditions of rendition. (a) Before making a demand that the governor of another state surrender an individual charged criminally in Guam with having failed to provide for the support of an obligee, the Governor of Guam may require a prosecutor of Guam to demonstrate that at least sixty (60) days previously the obligee had initiated proceedings for support pursuant to this Chapter or that the proceeding would be of no avail. (b) If, under this Chapter or a law substantially similar to this Chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the Governor of Guam surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. (c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.
Miscellaneous Provisions §35901. Uniformity of Application and Construction.
§35901. Uniformity of application and construction. This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among states enacting it. §35902. Short Title. This Chapter may be cited as the Uniform Interstate Family Support Act. §35903. Severability Clause. If any provision of this Chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of this Chapter which can be given effect without the invalid provision of application, and to this end the provisions of this Chapter are severable. |
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