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Terms Used In 5 Guam Code Ann. § 34111

  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(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.

COL4122017
5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 34 CHILD SUPPORT

SOURCE: GC § 9120.59 enacted by P.L. 16-010 (May 22, 1987); Repealed and reenacted by P.L. 20-170:7 (May 15, 1990).

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