Collection, Accounting and Disbursement of Funds

(a)The Department shall cooperate with the Department of Public Health and Social Services, the Department of Administration, and the Superior Court of Guam in the collection, accounting for and disbursement of funds paid pursuant to any order of support issued by the Superior Court or any other state having jurisdiction when such order affects the Department of Public Health and Social Services, a welfare recipient or a person receiving assistance pursuant to the provisions of this subchapter. TITLE 5 GOVERNMENT OPERATIONS CH. 34 CHILD SUPPORT

(b)With respect to any funds paid to the Department of Public Health and Social Services, pursuant to any order of support, which have remained unclaimed for more than five

(5)years, and after the OAG’s CSED pursued diligent effort to locate the person entitled to such funds, the funds shall be distributed as follows:

(1)If the custodial parent is located and the funds are owed to the custodial parent, OAG CSED shall distribute such funds to the custodial parent.

(2)If the custodial parent cannot be located or is deceased and the funds are owed to the custodial parents, OAG CSED shall first refund such funds to the non-custodial parent.

(3)If such funds are overpayments, such funds shall not be paid to the custodial parent but shall be refunded to the non-custodial parent.

(4)If the non-custodial parent cannot be located or is also deceased, the minor child or children or any surviving heir of the custodial parent can make a claim for such funds, however, OAG CSED shall not distribute such funds to the minor child or children or any surviving heir unless pursuant to an order of court.

(5)If, after diligent efforts by OAG CSED, it has been determined that the custodial parent and non-custodial parent cannot be located or are both deceased, and the minor child or children or any surviving heir have not made a claim for such funds, OAG CSED shall escheat such funds to the government of Guam pursuant to § 34156.

(c)If a claimant proves to the satisfaction of the Superior Court within five

(5)years after the deposit of funds under paragraph

(2)of subsection

(b)of this section that he or she has a just and legal claim to any part of the funds, the Court may order that repayment shall be made to such claimant. The clerk of the court shall issue a certificate under the official seal of the court embodying the terms and provisions of the order and transmit the certificate to the Office of the Treasurer with whom the funds were deposited.

(d)The Department shall ascertain the ability of an absent parent to support or contribute to the support of his or her dependents, in accordance with a child support formula accepted and approved by the Attorney General.