5 Guam Code Ann. § 34118
Terms Used In 5 Guam Code Ann. § 34118
- 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
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
(b) The presumptions set forth in subsections (c)(1) and (c)(2) of this section shall be considered by the court in setting child support. The court shall enter appropriate written or specific findings on the record if it finds that it would be unjust or inappropriate to apply the presumptions created by such subsections (c)(1) and (c)(2), which presumptions will thereby be sufficiently rebutted.
(c) The payment schedule shall be prepared as follows:
(1) The schedule shall include tables based on the income of the parties which establish the amounts of support which each parent can afford to contribute to the care of the minor children. The amounts established by that part of the schedule which is based upon the earnings of the parents shall operate as a rebuttable presumption as to the amounts of support which each parent can afford to contribute towards the care of the minor child or children.
(2) The schedule shall include tables showing the average dollar amounts necessary to raise from one (1) to at least fifteen (15) children irrespective of the income of the parents, based on accepted
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welfare guidelines and statistics, food stamp guidelines, average costs of raising children nationwide taking into account Guam’s income levels and the island’s unique culture, expenses, and the needs of children raised on Guam, and such other matters as the Attorney General deems relevant. The figures set out in such tables shall operate as a rebuttable presumption as to the needs of the child or children.
(d) The schedule shall take into account the income of each parent and the necessary and reasonable expenses and debts of each of the parties, the needs of the child or children, the needs of the custodial parent as to assistance in caring for the minor child or children, and the ability of each parent to pay. In any court hearing, such criteria shall be applied by the court in conjunction with the rebuttable presumptions arising from the schedules in arriving at an equitable child support order. The schedule shall contain definitions as to income, expenses, and other matters so that the schedule is clear and understandable so as to minimize litigation over child support payments.
(e) Until a new schedule is promulgated as required by this section, the schedule previously promulgated by the Director of Public Health and Social Services shall continue to be used in the manner specified by Public Law 18-17 as a guideline in cases where the court deems it relevant.
(f) Either parent of a child for whom child support has been previously ordered may petition the Superior Court of Guam, Judicial Hearings Division or the Child Support Enforcement Division not more than once every three (3) years for review and adjustment of the child support order without having to show a change of circumstances. Either parent may petition the Superior Court of Guam, Judicial Hearings Division or the Child Support Enforcement Division for review and adjustment of the child support order more than once in any three (3) year period if the second or a subsequent request is supported by proof of a substantial or material change of circumstances. For the purposes of child support, substantial or material change in circumstances is defined as an increase or decrease in one (1) parent’s salary which results in an increase or decrease between the old child support amount and the new child support amount by at least ten percent (10%) for a period of six (6) months. If the custodial parent is receiving or has received assistance from a government program funded by Title IV, Part A of the Social Security Act, the Child Support Enforcement Division shall review every
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three (3) years from the effective date of the Order, and, if appropriate, shall file in Superior Court either a motion or stipulation to adjust the order. Regardless of whether the custodial parent is receiving or has received public assistance, the Child Support Enforcement Division shall review every three (3) years from the effective date of the Order, and, if warranted, shall file in Superior Court a motion or stipulation to adjust an order by applying the Child Support Enforcement Division guidelines or by applying a Cost of Living Adjustment to the order. The Child Support Enforcement Division may use automated methods to identify orders to review and adjust pursuant hereto.
SOURCE: Added by P.L. 18-017:14 (Oct. 5, 1985); Repealed and reenacted by
P.L. 20-170:10 (May 15, 1990). Subsection (a) amended by P.L. 28-063:3 (June 30,
2005). Subsection (f) added by P.L. 24-129:16 (Feb. 16, 1998); amended by P.L.
29-019:VI:49 (Sept. 29, 2007); P.L. 29-113:VI:35 (Sept. 30, 2008); P.L. 30-016:4 (Apr. 17, 2009).