Guam § 34143 - Income Withholding Hearing.

§ 34143. Income Withholding Hearing.

(a) At any hearing contesting proposed income withholding based on a support order entered under §

34141 of this Chapter, the entered order, accompanying sworn or certified statement, and a certified copy

of an income withholding order, if any, still in effect, shall constitute prima facie proof, without further

proof or foundation, that the support order is valid, that the amount of current support payments and

arrearages is as stated, and that the obligee would be entitled to income withholding under the law of the

jurisdiction which issued the support order.

(b) Once a prima facie case has been established, the obligor may raise only the following defenses:

(1) that withholding is not proper because of a mistake of fact that is not res judicata concerning

such matters as an error in the amount of current support owed or arrearage that had accrued, mistaken

identity of the obligor, or error in the amount of income to be withheld;

(2) that the court or agency which issued the support order entered under this Act lacked personal

jurisdiction over the obligor;

(3) that the statute of limitations under § 34149 of this Chapter precludes enforcement of all or

part of the arrearages. The burden shall be on the obligor to establish these defenses.

(c) If the obligor presents evidence which constitutes a full or partial defense, the court shall, at the

request of the obligee, continue the case to permit further evidence relative to the defense to be adduced by

either party. However, if the obligor acknowledges liability sufficient to entitle the obligee to income

withholding, the court shall require income withholding for the payment of current support payments under

the support order and of so much of any arrearage as is not in dispute, while continuing the case with respect

to those matters still in dispute. The court shall determine which matters are still in dispute as soon as

possible, and, if appropriate, shall modify the withholding order to conform to that determination.

(d) In addition to other procedural devices available to a party, any party to the proceeding or a

guardian ad litem or other representative of the child may adduce testimony of witnesses in another

jurisdiction, including the parties and any of the children, by deposition, by written discovery, by

photographic discovery such as videotaped depositions or by personal appearance before the court by

telephone or photographic means. The court, on its own motion, may direct that the testimony of a person

be taken in another state and may prescribe the manner in which and the terms upon which the testimony

shall be taken.

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(e) The Superior Court may request the appropriate court or agency of another state to hold a hearing

to adduce evidence, to permit a deposition to be taken before the court or agency, to order a party to produce

or give evidence under other procedures of that state and to forward to the Superior Court certified copies

of the evidence adduced in compliance with the request.

(f) Upon request of a court or agency of another jurisdiction, the Superior Court may order a person in

Guam to appear at a hearing or deposition to adduce evidence or to produce or give evidence under other

procedures available in Guam. A certified copy of the evidence adduced, such as a transcript or videotape,

shall be forwarded by the Clerk of the Superior Court to the requesting court or agency.

(g) A person residing on Guam may voluntarily testify by deposition, statement or affidavit on Guam

for use in a proceeding to obtain income withholding outside this jurisdiction.