Lien for Past Due Child Support

(a)When a past due child support obligation is at least six

(6)times the monthly child support obligation and the obligor is not current in a court-established plan to repay the past due support, a lien shall arise on the obligor’s real and personal property and the obligor’s real and personal property shall be subject to foreclosures, distraint, seizure and sale, or order to withhold and deliver which shall be executed in accordance with Guam law. No judicial notice or hearing shall be necessary prior to creation of such a lien.

(b)The child support enforcement agency may establish a lien on personal property as provided below:

(1)Vehicle lien:

(A)In the case of a vehicle, the Department may establish a lien by filing a notice of lien with the Director of the Department of Revenue and Taxation. The notice must be in a form prescribed by the Director of the Department of Revenue and Taxation and contain a description of the vehicle, the name and last known address of the obligor, and any other information required by the Director of the Department of Revenue and Taxation. The notice of lien must state that the child support obligation is past due and that a copy of the notice of lien has been served on the obligor by first-class mail at the obligor’s last known address.

(B)Upon filing of the notice of lien in accordance with this § 34132.1, the Director of the Department of Revenue and Taxation shall demand in writing the surrender of the certificate of title from the obligor or a superior lien holder for the purpose of recording the lien on the certificate of title. Upon receipt of the certificate of title, the Director of the Department of Revenue and Taxation shall record the fact of the lien and the identity of the lien holder on the certificate of title and deliver the certificate of title to that lien holder. If the obligor or superior lien holder fails to surrender the certificate of title within fifteen

(15)days after the written demand by the Director of the Department of Revenue and Taxation shall notify the child support enforcement agency seeking the lien.

(C)Upon receipt of notice from the Director of the Department Revenue and Taxation that the obligor or superior lien holder has not responded to the demand for surrender of a title certificate, the child support enforcement agency may obtain an order from a court of competent jurisdiction requiring the certificate of title to be delivered to the Court so that a lien may be properly recorded.

(D)No fee may be charged for services provided under this § 34132.1.

(E)The Director of the Department of Revenue and Taxation may determine a certificate of title to have been fraudulently procured if endorsed by a previous owner who, at the time the endorsement was made:

(i)was an obligor who owed past due child support; and

(ii)had been served with a copy of a notice of lien filed under this § 34132.1 with respect to the vehicle described on that certificate of title.

(F)A lien under this § 34132.1 is perfected when the lien is recorded on the certificate of title.

(2)Vessel lien: TITLE 5 GOVERNMENT OPERATIONS CH. 34 CHILD SUPPORT

(A)In the case of a vessel, the child support enforcement agency may establish a lien by filing a notice of lien with the Department of Revenue and Taxation if the vessel is estimated to be at least twice the cost of establishing the lien. The notice must contain a description of the make, model designation and serial number of the vessel, including its identification or registration number, if any, and the name, social security number and last known address of the obligor. The notice of lien must state that the child support obligation is past due and that a copy of the notice of lien has been served on the obligor by first-class mail at the obligor’s last known address.

(B)Upon filing of the notice of lien in accordance with this § 34132.1, the notice of lien must be indexed by the Director of the Department of Revenue and Taxation.

(C)A lien under this § 34132.1 is perfected when notice of the lien is filed with the Director of the Department of Revenue and Taxation.

(D)The child support enforcement agency may file an amendment to correct the social security number of the obligor to correct the spelling of the obligor’s name, or to correct or change the address of the obligor.

(3)Account lien:

(A)In the case of an account maintained in a financial institution, the child support enforcement agency may establish a lien on the account by serving a notice of lien upon the financial institution in the manner provided for service of a summons in a civil action. The notice must be in a form prescribed by the child support enforcement agency and contain the name, social security number, or other taxpayer identification number and last known address of the obligor, the amount of past due support for which a lien is claimed, and any other information required by the public authority. The notice of lien must state that the child support obligation is past due and that a copy of the notice of lien has been served on the obligor by first-class mail at the obligor’s last known address.

(B)Upon service of the notice of lien on a financial institution in accordance with this § 34132.1, the lien attaches to accounts of the obligor maintained in the financial institution, except to the extent necessary to satisfy any right of set off which exists in connection with an account, payment orders that were made by the obligor before the financial institution was served with notice of lien, or other obligations of the obligor based upon written agreements or instruments made or issued by the obligor before the financial institution was served with notice of lien.

(c)The child support enforcement agency may establish a lien on real property as provided:

(1)the child support order or judgment or administrative proceedings in Guam or any state or territory shall be recorded in the Department of Land Management. The recordation of the order or judgment in the Department of Land Management shall be deemed, at such time, for all purposes and without any further action, to procure a lien on land on file with the Department of Land Management;

(2)the lien shall become effective immediately upon recordation of the child support order and shall attach to all interests in real or personal property then owned or subsequently acquired by the obligor.

(d)The child support enforcement agency shall not be charged a fee for recording or filing of the liens provided for in this § 34132.1 or for the recording or filing of any releases requested in conjunction with the lien. TITLE 5 GOVERNMENT OPERATIONS CH. 34 CHILD SUPPORT

(e)Any lien provided for by this § 34132.1 shall take priority over any lien subsequently acquired or recorded except tax liens.

(f)Upon payment of all past due child support obligations, the child support enforcement agency shall provide, within a reasonable time, an appropriate satisfaction or release of a lien arising under this Chapter.

(g)Immunity from Liability. A person in possession of, or obligated with respect to, property, who, upon demand of the child support enforcement agency, surrenders the property or discharges the obligation to the child support enforcement agency, is immune from any liability to the obligor or other person arising from the surrender of payment. The Court shall award reasonable attorney’s fees and costs against any person who commences an action that is subsequently dismissed by reason of the immunity granted by this