1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?

1

2. What is the name of your IV-D agency?

Office of the Attorney General, Guam Child Support Enforcement Division

3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.

Both For Additional Information - No Link Provided

4. Does your state use the following applications: EDE, CSENET, QUICK?

Yes

5. Describe special requirements for telephonic or video participation in two-state actions.

For Additional Information - No Link Provided

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).

18 years of age, 5 Guam Code Annotated §34105.2 For Additional Information - No Link Provided

2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

18 years of age, exceptions may be made up to 19 years of age, graduates from High School or child has a disability. 5 GCA §34105.2 For Additional Information - No Link Provided

3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.

No For Additional Information - No Link Provided

4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.

Yes. 5 GCA §34105.2 For Additional Information - No Link Provided

5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

5 GCA §34105.2 For Additional Information - No Link Provided

6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?

Yes, child support will be suspended.

7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.

No

8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.

No

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?

Prior to December 11, 1997 there was a 1 year statute for non-TANF/AFDC cases and a 3-year statute for TANF cases; after December 11, 1997, there is a 6-year statute of limitations with qualifications. For Additional Information - No Link Provided

2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.

Proceedings to establish the paternity of the child may be instituted during the pregnancy of the mother or after the birth of the child, but not after the child becomes eighteen (18) years of age. For Additional Information - No Link Provided

3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?

Yes, if the arrears judgment is renewed before the expiration of statute of limitation or if parties agree to renew. For Additional Information - No Link Provided

4. Can the statute of limitation for enforcement be extended or waived? If yes, under what circumstances and for how long?

4. Support Order Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?

Shared Income Model For Additional Information - No Link Provided

2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)?

For Additional Information - No Link Provided

3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.

For Additional Information - No Link Provided

4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.

5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.

6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?

7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?

7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain.

8. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?

9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit?

9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how?

10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.

For Additional Information - No Link Provided

11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?)

12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state?

13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits?

14. Does your state child support agency have a debt compromise program?

15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?)

16. When there is an existing support order between the parents of a child and the child’s residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.

None For Additional Information - No Link Provided

2. How is genetic testing coordinated within your state when the other party is in another state?

95% For Additional Information - No Link Provided

3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

None For Additional Information - No Link Provided

4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).

If the parties were married and living together at the time of conception then the presumption of paternity is operative. Vital Statistics has also required the father to sign a voluntary acknowledgement of paternity in order to place his name on the birth certificate. There is no presumption that prevents a party from requesting a genetic test even if father's name is on the birth certificate. For Additional Information - No Link Provided

5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.

For Additional Information - No Link Provided

6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.

N/A For Additional Information - No Link Provided

7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe.

8. What, if any, is the agency name and link for your state’s putative fathers’ registry?

For Additional Information - No Link Provided

9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?

10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?

N/A For Additional Information - No Link Provided

10.1 Describe any circumstances under which these fees may be waived?

11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.

12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.

13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Combined process

1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.

When the Child Support Enforcement Division is establishing, the action is filed with the Judicial Hearing Division. That office will hear all child support matters. 19 GCA Chapter 5A, §55101 et seq. For Additional Information - No Link Provided

1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.

Parties raise issues which fall outside the Administrative Hearing Officer's jurisdiction. For Additional Information - No Link Provided

2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?

The custodial parent's income. For Additional Information - No Link Provided

2.1. What documentation is required as proof/evidence of this information?

Last 3 months check stubs, W-2 or 1040

3. What criteria for rebutting your presumptive guidelines have been established in your state?

It is an equitable, discretionary matter which is rarely done. For Additional Information - No Link Provided

4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).

As of December 11, 1997, support can be established back to the date of birth of the child and the obligor can be ordered to reimburse for the costs. For Additional Information - No Link Provided

4.1. What information or documentation does your state require to proceed with establishing support for prior periods?

Referral from our IV-A agency or an application for services from the custodial parent or guardian. For Additional Information - No Link Provided

4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?

4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

If the child for whom the support is being established is over six years old, then the order will only go back six years from the date of filing the complaint for establishment of support. For Additional Information - No Link Provided

5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?

No For Additional Information - No Link Provided

5.1. What about when public assistance is not being expended?

No

6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?

Establishment For Additional Information - No Link Provided

7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

No For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income not subject to withholding?

An amount which exceeds 50% of the obligor's income or 60% if the obligor has another spouse. For Additional Information - No Link Provided

2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.

For Additional Information - No Link Provided

2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA?

3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.

4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?

5. What are your state’s sanctions for employers for not implementing income withholding?

6. What are the penalties to an employer for failure to remit payments withheld?

7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents.

7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.

8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents.

8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.

9. How does a noncustodial parent contest an income withholding in your state?

10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.

For Additional Information - No Link Provided

11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold?

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.

No

2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.

No

3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?

PRWORA distribution ordering rules.

4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?

4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?

For Additional Information - No Link Provided

9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)

2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?

3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?

When obligor owes past due support, provided the obligor was given prior notice. For Additional Information - No Link Provided

4. To which credit bureaus does your state report a noncustodial parent's child support information?

Credit Bureau of the Pacific

5. Is the method for credit bureau reporting judicial, administrative, or both?

Administrative

6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"

7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

$150 or more

8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

$150 or more

9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

$150 or more

10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

$150 or more

11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount?

$150 or more

12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount?

$150 or more

13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial?

$150 or more

14. Are the financial institution attachment procedures in your state judicial, administrative, or both?

Both

15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?

No For Additional Information - No Link Provided

16. Is the financial institution attachment process in your state centralized and/or automated?

17. What are the criteria to attach an account in a financial institution in your state?

18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.

No For Additional Information - No Link Provided

19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.

20. Does your state's income withholding definition include amounts in financial institutions?

No For Additional Information - No Link Provided

21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?

For Additional Information - No Link Provided

22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?

After 28 days from the date the financial institution provided notice to the obligor and other interested parties has passed, the financial institution will send the amount frozen in the obligor's account to the IV-D agency within 7 days unless the IV-D agency notifies the financial institution that a challenge has been filed. For Additional Information - No Link Provided

23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.

Yes, 5 GCA §34132.1 For Additional Information - No Link Provided

24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.

For Additional Information - No Link Provided

25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment?

26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.

For Additional Information - No Link Provided

27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?

28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?

29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?

30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.

31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?

32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?

33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.

34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?

35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?

36. What are the criteria for initiating/filing a lien in your state?

37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.

38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe.

39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.

40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?

40.1 If yes, is this enforcement judicial, administrative, or both?

41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?

42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)

Every three years or at the request of either party if they are able to show a material and substantial change in circumstances. For Additional Information - No Link Provided

2. What is your state's modification procedure? Briefly describe.

For current support, of the minor is deceased or emancipates before the legal age. For Additional Information - No Link Provided

3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?

For current support, of the minor is deceased or emancipates before the legal age. For Additional Information - No Link Provided

4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

10% For Additional Information - No Link Provided

4.1. The earnings of the noncustodial parent have substantially increased or decreased.

Yes

4.2. The earnings of the custodial parent have substantially increased or decreased.

Yes

4.3. The needs of a party or the child(ren) have substantially increased or decreased.

Yes For Additional Information - No Link Provided

4.4. The cost of living has changed.

Yes

4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

No

4.6. There has been a substantial change in childcare expenses.

No

4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?

Children leave the household before the age of majority. For Additional Information - No Link Provided

5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)

When a child(ren) turns 18 and there are other minor children in the case.

6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)

For Additional Information - No Link Provided

7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment?

8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request?

9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)?

11. Lump Sum Payments

3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.

No

1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)

2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.

No

3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.

3.1. Is it retained by the state from support collected?

3.2. Is it paid by the individual applying for child support services?

3.3. Is it recovered from the noncustodial parent?

3.4. Is it paid by the state out of its state funds?

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)

No For Additional Information - No Link Provided

2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?

3. What process does your state use to intercept insurance payments?

For Additional Information - No Link Provided

4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?

N/A For Additional Information - No Link Provided

5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?

Yes

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)

Yes

2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)

Yes

3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)

Yes

4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)

Yes

5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)

6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

Yes

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?

Written or electronic request to the IV-D Agency for assistance in obtaining a certified copy of the Guam order. For Additional Information - No Link Provided

2. What are the procedures and associated costs for obtaining a certified payment record?

Written or electronic request to the IV-D Agency. For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?

5 Guam Code Annotated Chapter 35 For Additional Information - No Link Provided

2. How does your state define the tribunal (See UIFSA 103)?

For Additional Information - No Link Provided

3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?

3 (one certified and two copies)

4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?

Yes

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)

None

2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)

No

3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?

Yes

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)

No For Additional Information - No Link Provided

2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.

No

3. What methods of personal service does your state use?

Process Server

4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)

For Additional Information - No Link Provided

5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.

Yes, stipulation by parties.

6. What circumstances will cause your state to end child support before the normal duration?

Child no longer with the custodial parent. For Additional Information - No Link Provided

20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?

2. What actions does your state take to reduce the costs and fees associated with international payment processing?

3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.

4. Does your state send international payments to participating foreign authorities via OCSS’ Central Authority Payment Service? If yes, please list which foreign authorities.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?

No

1.1. If yes, list the tribes and identify services provided, if less than full services.

No For Additional Information - No Link Provided

2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?

No

22. Employer Services

1. Does your state require electronic payments? If yes, provide your state statutory citation.

Yes, download the Employer Authorization form at Website: www.guamcse.net and send fax to the Guam SDU at Fax: 671-477-2159.

2. What is your state's SDU bank name?

Bank of Guam

3. What is your state's SDU vendor name?

None

4. What is your state's web-based payment service for employers?

Not Applicable

5. What is your state's web-based payment service for noncustodial parents?

Not Applicable

6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from?

Not Applicable

7. How does your state accept card payments?

Not Applicable

8. Are there fees associated with the credit card payments?

Not Applicable

9. Does your state have other payment options?

10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?

First pay period after receipt of the Order

11. When must an employer remit amounts withheld from an employee's pay?

Within 5 days of the day an employee's pay is due

12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?

Local tax, FICA

13. What is your state's priority for withholdings?

Current support, current medical support, child support arrears, medical support arrears, genetic test fees

14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation.

60% of disposable income, but only 50% if NCP supporting either a spouse or child not subject of an Order

15. What are the withholding limits for non-employees?

16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).)

Divide equally

17. When does your state require employers to send notice of an employee's termination?

Immediately

18. How long should an employer retain the order after the employee's termination?

Notify agency if employee is terminated

19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii))

No fee allowed

20. Provide your state's statutory citation.

5 GCA Section 34132, 34133.1, 34134, 34135, 34137, 34138

21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.)

No

22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.

No

23. Does your state have a threshold amount for a lump sum to be reported?

Any amount greater than a month of the current child support

24. Does your state citation or rule provide how long the employer must hold the lump sum?

Not defined, usually the employer let us know the time they will be withholding the Lump Sum payment.

25. Is the Income Withholding Order (IWO) used for lump sums?

No

26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

Notice of Lien

27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation?

No

28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment?

No

29. What is your state's Medical Support Statute?

Title 5 G.C.A Section 34128. Health Care Insurance Mandatory

30. What is your state's Reasonable Cost Definition?

No guidance on definition of "reasonable cost".

31. What is the Health Coverage Expense?

Title 5 G.C.A. Section 34128

32. What is the Income Withholding Limits for Support?

Title 5 G.C.A. Section 34137: maximum amount is 60% of disposable earnings for assigned spousal support and child support together.

33. What is the Priority of Withholding?

Current support is priority. Guam applies the appropriate credit of health insurance cost in the guideline computation of the support obligation.

34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage?

Title 5 G.C.A. Section 34128(a). . . the court shall include health insurance coverage for the child or children as part of the parents obligation for support for health insurance if health care insurance is available at a reasonable cost. . ."

35. According to 45 CFR §303.32(a), what are your state options?

Title 5 G.C.A. Section 34128(c)

36. What does your state do if an employee contests 45 CFR §303.32(c)(5)?

Title 5 G.C.A. Section 34128(g)

37. What is the reporting timeframe (non-magnetic media only)?

Within 20 days of hire date

38. What are the required data elements?

New Hire Information: Employee name, Employee address, SSN, First day of work, Employee date of birth, State of hire, Employer name, Employer address, FEIN; Optional: Employee occupation, Employee starting wage, Employee wage frequency, Health insurance availability, Employer email address, Employer phone number, Employer fax number, Employer contact person

39. What are the methods of transmission?

Email, Mail, Fax, Personal delivery from employers

40. Does your state require independent contractor reporting?

Yes