Guam § 34132 - Mandatory Wage Assignment.

§ 34132. Mandatory Wage Assignment.

In any proceeding where the court has ordered either or both parents to pay any amount of child support

which is being enforced, the court shall order either or both parents to assign to the appropriate government

agency which is receiving support payments on behalf of obligees that portion of the salary or wages of

that parent due or to be due in the future as will be sufficient to pay the amount ordered by the court for the

support, maintenance, and education of the minor child. The order shall operate as an assignment and shall

be binding upon any existing or future employer of the obligor upon whom a copy of the order is served.

Such a wage assignment shall be a continuing lien and levy against the wages of the obligor. Failure of the

order to include the duration of the assignment or any notice or any of the other provisions required by this

section or any other section of this subchapter shall not affect the validity of the assignment nor shall it

excuse any person from compliance with the order. Any employer who is found to have willfully refused

to comply with a valid wage assignment may be assessed treble damages by the court, to be paid over to

the obligee.

(a) The order shall contain:

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(1) The title and docket number of the suit;

(2) The name of the obligee;

(3) The amount and duration of the assignment;

(4) A requirement that the assigned amount should be paid to the appropriate government

agency which is receiving support payments on behalf of obligees, with the mailing address for

mailing such payments;

(5) A requirement that the assignor promptly notify the obligee or the Child Support

Enforcement Office of any change in circumstance affecting the assignment, and any other

information deemed necessary by the court;

(6) A requirement that the obligor shall give a copy of the order of mandatory wage

assignment to his or her employer within five (5) days of receipt, and to every subsequent

employer within five (5) days of commencing employment;

(7) Such information or orders as may be required by court rules;

(8) Such other information, such as social security number and other information, as may

make enforcement of the order easier; and

(9) Such other information or orders as the court may deem appropriate.

(b) The assignment becomes effective the first pay period after receipt of the order by the

employer. The order shall be issued and served as in other civil cases, including by certified or

registered mail, return receipt requested, or may be served upon an employer by telefacsimile machine.

The wage assignment order must be served on any known income payor within five (5) business days

after the issuer is informed of such an income payor. After the effective date, the assigned amount

shall be remitted to the appropriate government agency which is receiving support payments on behalf

of obligees on each regular due date or pay date. For orders entered after the effective date of this

Section, the employer may not deduct or impose any administrative fee on the assigned amount. The

government of Guam may not deduct or impose any administrative fees for any wage assignment

ordered between or after the effective date of this Section.

(c) In any case where the employer has actual knowledge of the wage assignment, he or she shall

be required to comply therewith notwithstanding lack of service, and shall have an affirmative duty to

investigate the terms of the assignment if certain details are unknown.

(d) Hearings under this title may be joined with any other hearing in any suit affecting the parent-

child relationship if the Department is not representing a party.

(e) When a wage assignment concerning child support is ordered against any assignor, it shall

take precedence over any other legal process against the same wages.

(f) Standard terms, conditions, orders and notices may be printed on the back of an order of wage

assignment, or may be on a separate printed sheet attached to the order.

(g) When appropriate, the court may issue a mandatory assignment of any other regular source of

money which an obligor may be receiving (such as, but not limited to lease payments, interest income,

payments received on a promissory note, retirement pay, annuities, etc.) in the same manner as wages

are assigned.

(h) An employer who complies with an income withholding order that is regular on its face is not

subject to civil liability to any individual or agency for conduct in compliance with the order.

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