5 GCA § 34138
Employer’s Rights and Responsibilities
View official PDF ↗(a)An employer who is properly served with an order of wage assignment under this Chapter, and who fails to comply with that order within the time specified, shall be liable to the obligee of that order in the amount not paid in compliance with that order as well as for court costs and reasonable attorney’s fees. Every such order so served must contain notice of this provision. An employer who is served with two
(2)or more such orders concerning the same employee shall comply with all such orders, giving priority to the one first served upon him. However, he may also combine all the payments he is supposed to make to the Clerk of the Superior Court in one payment for each of his pay periods provided that he designates how much money is being paid on behalf of each employee and in regard to which cases.
(b)No employer may terminate, refuse to hire or otherwise discipline any employee because that employees earnings are subject to a wage assignment. An employer who violates this section may be required to make full restitution to the aggrieved employee, including reinstatement, back pay, all benefits accruing on account of employment, as well as court costs and reasonable attorneys fees incurred by the employee in an action to enforce his rights under this section. Also, in a proceeding to enforce the aggrieved employees rights, the court may impose a fine of up to Two Hundred Dollars ($200) on the employer, payable to the General Fund. Every order of wage assignment must contain notice of this provision.
(c)No employer may be forced to change his pay schedules or the dates on which he pays his employees pursuant to a court ordered wage assignment pursuant to this Chapter. However, every employer must be ordered to comply with the order within fifteen
(15)days after he is served with the order. TITLE 5 GOVERNMENT OPERATIONS CH. 34 CHILD SUPPORT
(d)Nothing in this Chapter shall be construed to limit the use of any other civil or criminal remedies to enforce child, spousal or medical support obligations.
§ The story of this section
- Enacted by P.L. 18-17 § 33 (bill & sponsor pending — earlier Legislature not yet ingested)
- Amended by P.L. 22-99 § 7 — introduced as Bill 373-22 · introduced by Pilar C. Lujan + 1 cosponsor
- Amended by P.L. 26-148 § 28 — introduced as Bill 214-26
Interpreted by the courts:
- 2003 Guam 4 — Ursula U. Fleming vs. Mary Ann F. Quigley and James R. Quigley (2003) · per F. Philip Carbullido, J. · cited at ¶13
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.