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Terms Used In 5 Guam Code Ann. § 34106

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Dependent: A person dependent for support upon another.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(a) Whenever the Department of Public Health and Social Services (DPHSS) refers a case to the Attorney General, the DPHSS shall furnish the Attorney General with the names, ages and addresses of the persons for whom support is being sought, and in any subsequent child support action, the name, and mailing and residential addresses of the custodial parent; the name and mailing and residential addresses of the non- custodial parent; the legal basis of the duty of support; the amount of public assistance, if any, expended by the DPHSS up to that time; the needs of the family according to welfare budgetary standards; the amount due and owing under an existing court order or agreement, if any; and any other pertinent information, including, but not limited to, social security numbers, drivers license numbers, telephone numbers, and addresses of parties, and their employers names, addresses and telephone numbers.

(b) Parties who apply for child support services shall also supply to the Attorney General the information set forth in Subsection (a) of this § 34106.

(c) Parties to any paternity or child support proceeding are required to update the information set for in Subsections (a) and (b) above, as appropriate.

(d) All information provided to Attorney General pursuant to this
Section shall be provided to the court upon request.

(e) After receiving the information, the Attorney General shall immediately take all steps necessary to obtain an order of support.

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

(f) The grant of aid to the applicant shall not be delayed or be contingent upon investigation by the Attorney General, except as provided in Subsection (d) of this Section.

(g) The Attorney General shall investigate complaints of the DPHSS of continued absence of a parent of a child who qualifies for assistance under the laws providing for such assistance for underage dependent children.

(h) The Attorney General shall prepare and file a complaint in the name of the DPHSS and prosecute such proceedings whenever an investigation shows such prosecution is warranted. The proceedings shall be governed by the Rules of Civil Procedure.

(i) In any child support or paternity action in which the govern- ment appears, the Attorney General represents solely the interest of the government in establishing paternity and in providing child support enforcement services under Federal and Guam law. Nothing in this Section shall be construed to modify any statutory mandate, authority or confidentiality required of any government agency, nor does representa- tion by the Attorney General create an attorney-client relationship between the attorney and any party, other than the government of Guam. The mandate of the Attorney General in child support cases is to take all steps necessary to obtain fair and equitable child support from all persons liable therefor, and to represent the interests of the government of Guam.

SOURCE: GC § 9120.54 added by P.L. 16-010 (May 22, 1987); Subsections (a) and (b) repealed and reenacted by P.L. 18-017:5 and 6 (Oct. 5, 1985). Subsection (f) added by P.L. 22-099:3 (Mar. 31, 1994). Repealed and reenacted by P.L. 26-
148:15 (Sept. 27, 2002).

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