5 Guam Code Ann. § 34133
Terms Used In 5 Guam Code Ann. § 34133
- 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.
- Continuance: Putting off of a hearing ot trial until a later time.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(a) To the greatest extent possible, support orders shall provide mandatory wage assignments to cover support obligations.
(b) (1) In all cases in which child support is at issue, all court orders shall provide for mandatory wage assignment, except as provided in subparagraph (c) of this section, and the only basis for contesting such an assignment shall be a mistake of fact in the amount of current or overdue support or the identity of the alleged parent.
(c) Exceptions to mandatory wage assignments:
(1) If either the obligor or obligee of such a proposed wage assignment demonstrates and the court finds that there is good cause not to require a wage assignment, the court may refrain from making a wage assignment in which case the court must make a written determination that it would be in the best interest of the child or children not to require a wage assignment and there is proof of timely payment of previously court-ordered support.
(2) In any case where there are minor children, the court must have a hearing on any interlocutory divorce decree or order establishing or modifying custody of minor children if the order provides for less than One Hundred Dollars ($100) support per minor child per month or if the order does not provide for mandatory wage assignment. Because of the declared public policy in favor of adequate child support paid by mandatory wage assignment, in any case, including guardianships, involving minor children where a party is requesting less than One Hundred Dollars ($100) per minor
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child per month as child support, or where a party is requesting a support order without mandatory wage withholding, the Family Division of the Department of Law shall be given three (3) days notice of the proposed hearing, and the Attorney General may appear at such hearing, call and cross-examine witnesses, present evidence, make recommendations and may request a continuance for purposes of conducting discovery.
(3) The notice to the Family Division shall include a copy of the Child Support Worksheet of the party giving notice and any other information available to the party sending the notice reasonably necessary to reach an informed decision on the issues presented. Failure to give such adequate notice shall be cause for that part of the judgment, decree, or other order relating to child support to be set aside or modified nunc pro tunc on application of the Attorney General within one (1) year. In such case, the court shall enquire as to the reason that the order or decree does not provide for child support of at least One Hundred Dollars ($100) per minor child per month, or the reason that the mandatory wage assignment is not appropriate, and the court shall satisfy itself by a preponderance of the evidence that child support of less than One Hundred Dollars ($100) per minor child per month is appropriate or that an order of mandatory wage assignment is not appropriate, before issuing the decree or order, and shall set forth such reasons in the written decree or order.
(4) All current orders for child support, spousal support, and family support issued by the Superior Court of Guam for specific amounts of periodic payments to the obligee are hereby declared subject to enforcement by wage assignment. In addition to all others remedies available, a wage assignment may be issued prospectively by the Superior Court as to future payments only upon ex parte applications of the obligee. When an ex parte order of assignment is issued, the obligor shall be entitled to a hearing on a motion to vacate any such order as having been issued in error, on three (3) working days notice to the obligee. An ex parte order of wage assignment shall be issued without being res judicata effect as to other issues.
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(5) The court may, on its own motion, make an order of mandatory wage assignment a part of any support order the court issues, even if not requested by the parties.
(6) Order for Income Withholding by Attorney General. (A) In addition to any other remedy provided by law
for the enforcement of support, if a child support amount has been ordered, the Attorney General shall order income withholding.
(B) A copy of the order for income withholding shall be transmitted to the Judicial Hearings Division of the Superior Court of Guam, and is final. The Attorney General shall enforce and collect upon the order, including arrearage.
(C) The order is in full force and effect while any judicial review is pending, unless stayed by the court.
(D) The Judicial Hearings Division may review an order of the Attorney General for income withholding de novo as an appeal therefrom.
(E) Whenever appropriate, the Attorney General shall order the obligor or other payor to change the payee to the appropriate government entity, so long as notice is given to the obligor and obligee.
SOURCE: Added by P.L. 20-170:15 (May 15, 1990). Repealed and reenacted by
P.L. 22-099:8 (Mar. 31, 1994). Subsection (c)(6) added by P.L. 26-148:10 (Sept.
27, 2002) as required by SSA § 466(c).