5 Guam Code Ann. § 34103
Attorney's Note
Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor | up to 1 year | up to $1,000 |
Terms Used In 5 Guam Code Ann. § 34103
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- 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.
- Subpoena: A command to a witness to appear and give testimony.
(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 wilfully releases or permits the release of any data and information pertinent to any child support case to persons or agencies not permitted by this Chapter shall be guilty of a misdemeanor.
SOURCE: GC § 9120.51, enacted by P.L. 16-010 (May 22, 1987). Subsection (a)
amended by P.L. 18-017:2 (Oct. 5, 1985).
§ 34103.1 Power of Child Support Enforcement Office, Employees and Agents.
(a) In implementing programs under Title IV-D, the child support enforcement agency and the officials, employees and agents of such agency shall have administrative authority to perform the following functions without necessity of obtaining an order from any other judicial or administrative entity:
(1) to conduct examinations;
(2) to require by subpoena the attendance of witnesses and the production of books, records and papers;
(3) to compensate witnesses and individuals producing books, records, including records maintained in automated data bases, and
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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.
(b) Any administrative action against an obligor to secure assets to satisfy child support arrearage and current support obligation, including but not limited to, intercepting or seizing periodic payments, or attaching and seizing assets of the obligors property as provided by law, shall in all cases provide for:
(1) written notice to the obligor and to the custodial parent of the action to be taken and the legal basis for that action;
(2) the opportunity for the obligor to contest the action and to request a hearing on the matter; and
(3) the opportunity for the obligor to appeal on the record.
(c) Any hearing or appeal resulting from the administrative action shall be to the Judicial Hearings Division of the Superior Court of Guam.
SOURCE: Added by P.L. 24-129:11(Feb. 15, 1998). Subsection (b) added by P.L.
26-148:2 (Sept. 27, 2002). Subsection (c) added by P.L. 26-148:3 (Sept. 27, 2002).
COMMENT: To subsection (b) Section 466(c) of the Social Security Act (SSA) requires that state (and Guam) Child Support Enforcement Agencies, and not the tribunal or court, be vested with the authority to pursue certain actions in support of establishing paternity and/or support orders, as well as enforcing and modifying the order, under what is known as Aexpedited administrative and judicial procedures@. Prior 5 GCA § 34103.1 concerns certain expedited administrative procedures. Subsection (b) was added to spell out that the parties involved in these expedited administrative proceedings are afforded full procedural due process rights under
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these circumstances. Guam is committed to include these measures under § 2.12-2 of its State Plan.
To subsection (c) See above COMMENT. This subsection the full review of any administrative action taken.