Guam § 34141 - Responsibilities for Entering a Support Order of Another Jurisdiction for Purposes of

§ 34141. Responsibilities for Entering a Support Order of Another Jurisdiction for Purposes of

Income Withholding.

(a) Upon receiving a support order of another jurisdiction with the documentation specified in

Subsection (b) of this Section from an agency of another jurisdiction, the Department shall file these

documents with the Clerk of the Superior Court. The Clerk of the Superior Court shall accept the documents

filed and such acceptance shall constitute registration of the support order under this Chapter.

(b) The following documentation is required for the registration of a support order of another

jurisdiction:

(1) a certified copy of the support order with all modifications;

(2) a certified copy of an income withholding order or notice, if any, still in effect;

(3) a copy of the portion of the income withholding statute of the jurisdiction which issued the

support order which states the requirements for obtaining income withholding under the law of that

jurisdiction;

(4) either a sworn statement of the obligee or a certified statement of the agency of the arrearages

and the assignment of support rights, if any;

(5) a statement of;

(A) the name, address, and social security number of the obligor, if known;

(B) the name and address of the obligor’s employer or of any other source of income of the

obligor derived in Guam against which income withholding is sought, if known;

(C) the name and address of the agency or person to whom support payments collected by

income withholding shall be transmitted.

(c) If the documentation received by the Department under Subsection (a) of this Section does not

conform to the requirements of Subsection (b) of this Section, the Department shall remedy any defect

which it can without the assistance of the requesting agency or person. If the Department is unable to make

such corrections, it shall immediately notify the requesting agency, court or person of the necessary

additions or corrections. In neither case shall the documentation be returned. The Department and the

Superior Court shall accept the documentation required by Subsections (a) and (b) of this Section even if it

is not in the usual form required by local rules, so long as the substantive requirements of these Subsections

are met. Defects of form shall not constitute a valid defense.

(d) A support order entered under Subsection (a) of this Section shall be enforceable by income

withholding against income derived on Guam in the manner and with the effect as set forth in § 34131

through § 34138 of this Chapter. Entry of the order shall not confer jurisdiction on the Superior Court of

Guam for any purpose other than income withholding.

COL 2024-12-05

TITLE 5 GOVERNMENT OPERATIONS