Guam § 34133 - Mandatory Wage Assignments: Additional Provisions.

§ 34133. Mandatory Wage Assignments: Additional Provisions.

It is the intent of I Liheslatura that all child support be paid by mandatory wage assignments.

Therefore:

(a) To the greatest extent possible, support orders shall provide mandatory wage assignments to

cover support obligations.

(b) [No text]

(1) In all cases in which child support is at issue, all court orders shall provide for mandatory

wage assignment, except as provided in subparagraph (c) of this section, and the only basis for

contesting such an assignment shall be a mistake of fact in the amount of current or overdue

support or the identity of the alleged parent.

(c) Exceptions to mandatory wage assignments:

(1) If either the obligor or obligee of such a proposed wage assignment demonstrates and the

court finds that there is good cause not to require a wage assignment, the court may refrain from

making a wage assignment in which case the court must make a written determination that it

would be in the best interest of the child or children not to require a wage assignment and there

is proof of timely payment of previously court-ordered support.

(2) In any case where there are minor children, the court must have a hearing on any

interlocutory divorce decree or order establishing or modifying custody of minor children if the

order provides for less than One Hundred Dollars ($100) support per minor child per month or if

the order does not provide for mandatory wage assignment. Because of the declared public policy

in favor of adequate child support paid by mandatory wage assignment, in any case, including

guardianships, involving minor children where a party is requesting less than One Hundred

Dollars ($100) per minor child per month as child support, or where a party is requesting a support

order without mandatory wage withholding, the Family Division of the Department of Law shall

be given three (3) days notice of the proposed hearing, and the Attorney General may appear at

such hearing, call and cross-examine witnesses, present evidence, make recommendations and

may request a continuance for purposes of conducting discovery.

(3) The notice to the Family Division shall include a copy of the Child Support Worksheet

of the party giving notice and any other information available to the party sending the notice

reasonably necessary to reach an informed decision on the issues presented. Failure to give such

adequate notice shall be cause for that part of the judgment, decree, or other order relating to child

support to be set aside or modified nunc pro tunc on application of the Attorney General within

one (1) year. In such case, the court shall enquire as to the reason that the order or decree does

not provide for child support of at least One Hundred Dollars ($100) per minor child per month,

or the reason that the mandatory wage assignment is not appropriate, and the court shall satisfy

itself by a preponderance of the evidence that child support of less than One Hundred Dollars

($100) per minor child per month is appropriate or that an order of mandatory wage assignment

is not appropriate, before issuing the decree or order, and shall set forth such reasons in the written

decree or order.

(4) All current orders for child support, spousal support, and family support issued by the

Superior Court of Guam for specific amounts of periodic payments to the obligee are hereby

declared subject to enforcement by wage assignment. In addition to all others remedies available,

COL 2024-12-05

TITLE 5 GOVERNMENT OPERATIONS

a wage assignment may be issued prospectively by the Superior Court as to future payments only

upon ex parte applications of the obligee. When an ex parte order of assignment is issued, the

obligor shall be entitled to a hearing on a motion to vacate any such order as having been issued

in error, on three (3) working days notice to the obligee. An ex parte order of wage assignment

shall be issued without being res judicata effect as to other issues.

(5) The court may, on its own motion, make an order of mandatory wage assignment a part

of any support order the court issues, even if not requested by the parties.

(6) Order for Income Withholding by Attorney General.

(A) In addition to any other remedy provided by law for the enforcement of support, if

a child support amount has been ordered, the Attorney General shall order income

withholding.

(B) A copy of the order for income withholding shall be transmitted to the Judicial

Hearings Division of the Superior Court of Guam, and is final. The Attorney General shall

enforce and collect upon the order, including arrearage.

(C) The order is in full force and effect while any judicial review is pending, unless

stayed by the court.

(D) The Judicial Hearings Division may review an order of the Attorney General for

income withholding de novo as an appeal therefrom.

(E) Whenever appropriate, the Attorney General shall order the obligor or other payor

to change the payee to the appropriate government entity, so long as notice is given to the

obligor and obligee.

2024 NOTE: Reference to the “Legislature” replaced with I Liheslatura pursuant to 2 GCA § 1101. The Compiler has

added “no text” to indicate a change in formatting only; the content of the provision has not been altered.