(a) I Liheslaturan Guåhan [The Guam 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:

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(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 with 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;

(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; and

(9) to obtain orders requiring the obligor owing back support to pay in accordance with a plan approved by the court or child support enforcement agency, and to seek court ordered job searches as necessary for unemployed or underemployed absent parents; provided, that if an obligor is under an approved payment plan but not working and not incapacitated, the obligor shall be ordered to participate in a job search.

(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:

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(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 complain- ant 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. 16-010 (May 22, 1987); Subsection (d) added as (e) by P.L. 18-017:15 (Oct. 5, 1985) and renumbered by Compiler. Subsection (a) repealed/reenacted by P.L. 22-099:2 (May 31, 1994). Amended by P.L. 24-116:7 (Dec. 11, 1997). Subsection (c) added by P.L. 24-129:14 (Feb. 16,
1998). Subsection (a) amended by P.L. 26-148:4 (Sept. 27, 2002).

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.]

COMMENT: to Subsection (a) SSA § 466(a)(15) requires payment of support by the obligor pursuant to a plan approved by the tribunal or state agency, or is the obligor is obligated to such a plan and is not working but not incapacitated, then the obligor must participate in Awork activities@ as defined by SSA § 407(d). This includes job searches which the Guam court regularly orders, but the SSA requires that this be specified in law. Guam is committed to this through § 2.12-15 of the State Plan