In any proceeding where the court has ordered either or both parents to pay any amount of child support which is being enforced, the court shall order either or both parents to assign to the appropriate government agency which is receiving support payments on behalf of obligees that portion of the salary or wages of that parent due or to be due in the future as will be sufficient to pay the amount ordered by the court for the support, maintenance, and education of the minor child. The order shall operate as an assignment and shall be binding upon any existing or future employer of the obligor upon whom a copy of the order is served. Such a wage assignment shall be a continuing lien and levy against the wages of the obligor. Failure of the order to include the duration of the assignment or any notice or any of the other provisions required by this section or any other section of this subchapter shall not affect the validity of the assignment nor shall it excuse any person from compliance with the order. Any employer who is found to have willfully refused to comply with a valid wage assignment may be assessed treble damages by the court, to be paid over to the obligee.

(a) The order shall contain:

(1) The title and docket number of the suit; (2) The name of the obligee;
(3) The amount and duration of the assignment;

(4) A requirement that the assigned amount should be paid to the appropriate government agency which is receiving support payments on behalf of obligees, with the mailing address for mailing such payments;

(5) A requirement that the assignor promptly notify the obligee or the Child Support Enforcement Office of any change in circumstance affecting the assignment, and any other information deemed necessary by the court;

(6) A requirement that the obligor shall give a copy of the order of mandatory wage assignment to his or her employer within five (5) days of receipt, and to every subsequent employer within five (5) days of commencing employment;

41

COL4122017
5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 34 CHILD SUPPORT

(7) Such information or orders as may be required by court rules;

(8) Such other information, such as social security number and other information, as may make enforcement of the order easier; and

(9) Such other information or orders as the court may deem appropriate.

(b) The assignment becomes effective the first pay period after receipt of the order by the employer. The order shall be issued and served as in other civil cases, including by certified or registered mail, return receipt requested, or may be served upon an employer by telefacsimile machine. The wage assignment order must be served on any known income payor within five (5) business days after the issuer is informed of such an income payor. After the effective date, the assigned amount shall be remitted to the appropriate government agency which is receiving support payments on behalf of obligees on each regular due date or pay date. For orders entered after the effective date of this Section, the employer may not deduct or impose any administrative fee on the assigned amount. The government of Guam may not deduct or impose any administrative fees for any wage assignment ordered between or after the effective date of this Section.

(c) In any case where the employer has actual knowledge of the wage assignment, he or she shall be required to comply therewith notwithstanding lack of service, and shall have an affirmative duty to investigate the terms of the assignment if certain details are unknown.

(d) Hearings under this title may be joined with any other hearing in any suit affecting the parent-child relationship if the Department is not representing a party.

(e) When a wage assignment concerning child support is ordered against any assignor, it shall take precedence over any other legal process against the same wages.

(f) Standard terms, conditions, orders and notices may be printed on the back of an order of wage assignment, or may be on a separate printed sheet attached to the order.

42

COL4122017
5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 34 CHILD SUPPORT

(g) When appropriate, the court may issue a mandatory assignment of any other regular source of money which an obligor may be receiving (such as, but not limited to lease payments, interest income, payments received on a promissory note, retirement pay, annuities, etc.) in the same manner as wages are assigned.

(h) An employer who complies with an income withholding order that is regular on its face is not subject to civil liability to any individual or agency for conduct in compliance with the order

SOURCE: Added by P.L. 18-017:28 (Oct. 5, 1985); Repealed and reenacted by
P.L. 20-170:14 (May 15, 1990). Subsection (b) amended by P.L. 24-129:8 (Feb. 16,
1998). Subsection (h) added by P.L. 24-129.22 (Feb. 16, 1998).