5 GCA § 34103
1
View official PDF ↗Power of Child Support Enforcement Office, Employees and Agents.
(a)In implementing programs under Title IV-D, the child support enforcement agency and the officials, employees and agents of such agency shall have administrative authority to perform the following functions without necessity of obtaining an order from any other judicial or administrative entity:
(1)to conduct examinations;
(2)to require by subpoena the attendance of witnesses and the production of books, records and papers;
(3)to compensate witnesses and individuals producing books, records, including records maintained in automated data bases, and papers in amounts determined by the state agency, not to exceed actual reasonable costs incurred:
(4)to require genetic testing of appropriate individuals when necessary in disputed paternity cases, to determine the relationship of parent and child, and;
(A)pay the costs of such testing, subject to recoupment from the alleged father if paternity is established; and
(B)obtain additional testing in any case if an initial test result is contested, upon request and advance payment by the contestant; TITLE 5 GOVERNMENT OPERATIONS CH. 34 CHILD SUPPORT
(5)make application to the Superior Court of Guam, Hearing Division to compel participation in genetic testing, the attendance of witnesses, the production of books, records and papers, and the payment of fiscal sanctions imposed under this Chapter.
(b)Any administrative action against an obligor to secure assets to satisfy child support arrearage and current support obligation, including but not limited to, intercepting or seizing periodic payments, or attaching and seizing assets of the obligors property as provided by law, shall in all cases provide for:
(1)written notice to the obligor and to the custodial parent of the action to be taken and the legal basis for that action;
(2)the opportunity for the obligor to contest the action and to request a hearing on the matter; and
(3)the opportunity for the obligor to appeal on the record.
(c)Any hearing or appeal resulting from the administrative action shall be to the Judicial Hearings Division of the Superior Court of Guam.
§ The story of this section
- Enacted by P.L. 24-129 § 11 — introduced as Bill 460-24 · introduced by Mark Forbes + 20 cosponsors · lead sponsor unverified
- Enacted by P.L. 26-148 § 2 — introduced as Bill 214-26
Interpreted by the courts:
- 2023 Guam 17 — Rodrick M. Wilson, II, Plaintiff-Appellant, v. Jennifer J.V. Wilson, Defendant-Appellee and The Office of the Attorney G (2023) · per Katherine A. Maraman, J. · cited at ¶33
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.