Guam § 34118 - Payment Schedule.

§ 34118. Payment Schedule.

(a) The Attorney General shall adopt, pursuant to the Administrative Adjudication Law, a schedule of

normal child support payments to be paid by a non-custodial parent to a custodial parent pursuant to

Subsections (c)(1) and (c)(2) of this Section, to be updated every four (4) years.

(b) The presumptions set forth in subsections (c)(1) and (c)(2) of this section shall be considered by

the court in setting child support. The court shall enter appropriate written or specific findings on the record

if it finds that it would be unjust or inappropriate to apply the presumptions created by such subsections

(c)(1) and (c)(2), which presumptions will thereby be sufficiently rebutted.

(c) The payment schedule shall be prepared as follows:

COL 2024-12-05

TITLE 5 GOVERNMENT OPERATIONS

(1) The schedule shall include tables based on the income of the parties which establish the

amounts of support which each parent can afford to contribute to the care of the minor children. The

amounts established by that part of the schedule which is based upon the earnings of the parents shall

operate as a rebuttable presumption as to the amounts of support which each parent can afford to

contribute towards the care of the minor child or children.

(2) The schedule shall include tables showing the average dollar amounts necessary to raise from

one (1) to at least fifteen (15) children irrespective of the income of the parents, based on accepted

welfare guidelines and statistics, food stamp guidelines, average costs of raising children nationwide

taking into account Guam’s income levels and the island’s unique culture, expenses, and the needs of

children raised on Guam, and such other matters as the Attorney General deems relevant. The figures

set out in such tables shall operate as a rebuttable presumption as to the needs of the child or children.

(d) The schedule shall take into account the income of each parent and the necessary and reasonable

expenses and debts of each of the parties, the needs of the child or children, the needs of the custodial parent

as to assistance in caring for the minor child or children, and the ability of each parent to pay. In any court

hearing, such criteria shall be applied by the court in conjunction with the rebuttable presumptions arising

from the schedules in arriving at an equitable child support order. The schedule shall contain definitions as

to income, expenses, and other matters so that the schedule is clear and understandable so as to minimize

litigation over child support payments.

(e) Until a new schedule is promulgated as required by this section, the schedule previously

promulgated by the Director of Public Health and Social Services shall continue to be used in the manner

specified by Public Law 18-017 as a guideline in cases where the court deems it relevant.

(f) Either parent of a child for whom child support has been previously ordered may petition the

Superior Court of Guam, Judicial Hearings Division or the Child Support Enforcement Division not more

than once every three (3) years for review and adjustment of the child support order without having to show

a change of circumstances. Either parent may petition the Superior Court of Guam, Judicial Hearings

Division or the Child Support Enforcement Division for review and adjustment of the child support order

more than once in any three (3) year period if the second or a subsequent request is supported by proof of

a substantial or material change of circumstances. For the purposes of child support, substantial or material

change in circumstances is defined as an increase or decrease in one (1) parent’s salary which results in an

increase or decrease between the old child support amount and the new child support amount by at least ten

percent (10%) for a period of six (6) months. If the custodial parent is receiving or has received assistance

from a government program funded by Title IV, Part A of the Social Security Act, the Child Support

Enforcement Division shall review every three (3) years from the effective date of the Order, and, if

appropriate, shall file in Superior Court either a motion or stipulation to adjust the order. Regardless of

whether the custodial parent is receiving or has received public assistance, the Child Support Enforcement

Division shall review every three (3) years from the effective date of the Order, and, if warranted, shall file

in Superior Court a motion or stipulation to adjust an order by applying the Child Support Enforcement

Division guidelines or by applying a Cost of Living Adjustment to the order. The Child Support

Enforcement Division may use automated methods to identify orders to review and adjust pursuant hereto.