Guam § 34105 - Action.

§ 34105. Action.

(a) I Liheslaturan Guåhan has determined there is public policy in favor of establishing paternity, of

having parents support their children, and in having fair and equitable support orders. Therefore, whether

or not the minor children have been or are recipients of public assistance, the Department acting in the best

interests of the children and the Island of Guam, may bring an action in its own name or join in an action

already in existence against the person or persons responsible for the support of such children:

(1) to recover such amounts of back support and any other amounts as may be due and owing

under an existing court order, whether owed to the Department or to the custodial parent or other

person having custody of the minor child;

(2) for a continuing order of support for the benefit of such children;

(3) to establish paternity;

(4) to move to modify existing orders up or down as the circumstances and equity demand;

(5) to obtain orders of wage assignment;

(6) to recover amounts for which a parent is legally liable to Guam as a result of public assistance

having been granted due to the separation or desertion of the parent from his or her child or children;

(7) to recover necessary expenses incurred by or for the mother in connection with the birth of

her child, for the funeral expenses if the child has died, for expenses incurred in connection with

pregnancy of the mother, except as limited by (b) of this Section;

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TITLE 5 GOVERNMENT OPERATIONS

(8) to recover reimbursement of the cost of support for the child before the commencement of the

action, determined by using the appropriate Child Support Guidelines currently in effect, except as

limited by (b) of this Section; and

(9) to obtain orders requiring the obligor owing back support to pay in accordance with a plan

approved by the court or child support enforcement agency, and to seek court ordered job searches as

necessary for unemployed or underemployed absent parents; provided, that if an obligor is under an

approved payment plan but not working and not incapacitated, the obligor shall be ordered to

participate in a job search.

(b) If an action is commenced after the lapse of more than six (6) years from the birth of the child, an

amount shall not be awarded for expenses or support under (a)(7)-(8) of this Section that accrued before

the date on which the action was commenced unless one (1) or more of the following circumstances exists:

(1) Paternity has been acknowledged by the father in writing in accordance with applicable

statutes.

(2) The non-custodial parent is out of the Island of Guam, was avoiding service of process, or

threatened or coerced the custodial parent not to file an action during the six (6) year period. The court

may award an amount for expenses or support that accrued before the date the action was commenced

if the action was commenced during a period of time equal to the sum of six (6) years and the time the

non-custodial parent was out of the Island of Guam, was avoiding service of process, or threatened or

coerced the complainant not to bring an action under this Chapter.

(c) If a family ceases to receive public assistance under the Title IV-A program of Guam, the Child

Support Enforcement Agency shall provide appropriate notice to the family that the Child Support

Enforcement Agency will continue to provide services to the family, unless the family provides written

notice of request not to do so, and the Child Support Enforcement Agency shall continue to provide such

services, subject to the same conditions, and on the same basis as in the case of other individuals to whom

services are provided, except that an application or other request to continue services shall not be required

of such family.