T·R
← Search

5 GCA § 34141

Responsibilities for Entering a Support Order of Another Jurisdiction for Purposes of

Guam Code AnnotatedTitle 5 — Government Operations
View official PDF ↗

Income Withholding.

(a)Upon receiving a support order of another jurisdiction with the documentation specified in Subsection

(b)of this Section from an agency of another jurisdiction, the Department shall file these documents with the Clerk of the Superior Court. The Clerk of the Superior Court shall accept the documents filed and such acceptance shall constitute registration of the support order under this Chapter.

(b)The following documentation is required for the registration of a support order of another jurisdiction:

(1)a certified copy of the support order with all modifications;

(2)a certified copy of an income withholding order or notice, if any, still in effect;

(3)a copy of the portion of the income withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining income withholding under the law of that jurisdiction;

(4)either a sworn statement of the obligee or a certified statement of the agency of the arrearages and the assignment of support rights, if any;

(5)a statement of;

(A)the name, address, and social security number of the obligor, if known;

(B)the name and address of the obligor’s employer or of any other source of income of the obligor derived in Guam against which income withholding is sought, if known;

(C)the name and address of the agency or person to whom support payments collected by income withholding shall be transmitted.

(c)If the documentation received by the Department under Subsection

(a)of this Section does not conform to the requirements of Subsection

(b)of this Section, the Department shall remedy any defect which it can without the assistance of the requesting agency or person. If the Department is unable to make such corrections, it shall immediately notify the requesting agency, court or person of the necessary additions or corrections. In neither case shall the documentation be returned. The Department and the Superior Court shall accept the documentation required by Subsections

(a)and

(b)of this Section even if it is not in the usual form required by local rules, so long as the substantive requirements of these Subsections are met. Defects of form shall not constitute a valid defense.

(d)A support order entered under Subsection

(a)of this Section shall be enforceable by income withholding against income derived on Guam in the manner and with the effect as set forth in § 34131 through § 34138 of this Chapter. Entry of the order shall not confer jurisdiction on the Superior Court of Guam for any purpose other than income withholding. TITLE 5 GOVERNMENT OPERATIONS CH. 34 CHILD SUPPORT

§ The story of this section

  1. Enacted by P.L. 18-17 § 36 (bill & sponsor pending — earlier Legislature not yet ingested)

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.