19 Guam Code Ann. § 6111
Terms Used In 19 Guam Code Ann. § 6111
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) The provisions of an agreement for support of either party shall be deemed to be separate and severable from the provisions of the agreement relating to property. An order for support of either party based on the agreement shall be law-imposed and shall be made under the power of the court to order spousal support.
(c) The mutual consent of the parties is a sufficient consideration for such an agreement.
(d) (1) Except as provided in Subsections (2) and (3), the provisions of an agreement for the support of either party are subject to subsequent modification or termination by court order.
(2) An agreement may not be modified or terminated as to an amount that accrued before the date of the filing of the notice of motion or order to show cause to modify or terminate.
(3) An agreement for spousal support may not be modified or revoked to the extent that a written agreement, or, if there is no written agreement, an oral agreement entered into in open court between the parties, specifically provides that the spousal support is not subject to modification or termination.
(e) If an obligation under an agreement for settlement of property to a spouse or for support of a spouse is discharged in bankruptcy, the court may make all proper orders for the support of the spouse, as the court determines are just, having regard for the circumstances of the parties and the amount of the obligations under the agreement that are discharged.
(f) Section 6111(b), as amended, and § 6111(d) are effective only with respect to a property settlement agreement entered into after May 15, 2015,
COL1242015
19 Guam Code Ann. PERSONAL RELATIONS
CH. 6 COMMUNITY PROPERTY
and do not affect an agreement entered into before May 15, 2015, as to which the § 6111(b) in effect on May 14, 2015 shall apply.
SOURCE: CC § 165 enacted by P.L. 15-113:2. Subsection (b) amended by P.L. 33-
026:2 (May 7, 2015). Subsections (d), (e) and (f) added by P.L. 33-026:3 (May 7,
2015).