Guam § 34133 - Implementation of Income Withholding.

§ 34133. Implementation of Income Withholding.

(a) For cases being enforced under the Title IV-D state plan or for those parents applying to the agency

for services, the income of an obligor who receives income on a periodic basis and who has a support

obligation imposed by support order issued or modified in the state before October 1, 1996, if not otherwise

subject to withholding, shall become subject to withholding as provided in Subsection (b) of this § 34133.1,

if arrearages or delinquency occur, without the need for a judicial or administrative hearing. The agency

shall implement such withholding without the necessity of any application in the case of a child with respect

to whom services are already being provided under Title IV-D and shall implement on the basis of an

application for service under Title IV-D in the case of any other child on whose behalf a support order has

been issued or modified. In either case, such withholding shall occur without the need for any amendment

to the support order involved or for any further action by the Court or other entity which issued such order.

(b) If the obligor who receives income on a periodic basis becomes delinquent in making payments

under a support order in an amount at least equal to the support payable for one (1) month, the agency shall

issue an income withholding order that shall include an amount to be paid for current support and towards

the delinquency. The order shall be served upon the employer by certified mail or personal service, or

transmitted to the employer through electronic means.

(c) Upon the agency’s receipt of an interstate income withholding request from another jurisdiction,

the agency may issue an income withholding order to collect the support imposed upon the obligor by a

support order issued or modified by the other state. The order shall include an amount adequate to ensure

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that past due payments and payments which will become due in the future under the terms of the support

order will be paid.

(d) A copy of the order shall be filed in the office of the Clerk of the Superior Court of Guam.

(e) Upon sending the order of income withholding to the employer, the agency shall send a notice of

the withholding to each obligor to whom Subsections (b) and (c) of this § 34133.1 apply. The notice shall

inform the obligor:

(1) that the withholding has commenced;

(2) that the obligor may request a hearing in writing within fourteen (14) days of the date of the

notice;

(3) that, unless the obligor files a written request for a hearing within fourteen (14) days of the

date of the notice, the money received from the income withholding will be distributed to the custodial

parent or, in an interstate case, the obligee in the other jurisdiction, or in the case where the children

are receiving public assistance, to the state;

(4) that the only defense to income withholding is mistake of fact; and

(5) of the information that was provided to the employer with respect to the employer’s duties.

(f) The agency may delay the distribution of collections toward arrearages or delinquency until the

resolution of any requested hearing regarding the arrearages or delinquency.

(g) Upon timely receipt of a request for a hearing from the obligor, the agency shall refer the matter to

the Superior Court of Guam, Hearings Division, and a hearing shall be conducted.