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Terms Used In 5 Guam Code Ann. § 34139

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Statute: A law passed by a legislature.
) Purpose. The purpose of this Chapter is to enhance the enforcement of support obligations by providing a quick and effective procedure for the withholding of income derived in this jurisdiction to enforce support orders of other jurisdictions and by requiring that income withholding to enforce the support orders of this jurisdiction be sought in other jurisdictions. These sections shall be liberally construed to effect that purpose.
(b) Definitions. As used in this Chapter:
(1) Support order means any order, decree, or judgment for the support, or for the payment of arrearages on such support, of a child, spouse, or former spouse issued by a court or agency of another

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jurisdiction, whether interlocutory or final, whether incidental to a proceeding for divorce, judicial or legal separation, separate maintenance, paternity, guardianship, civil protection or otherwise.
(2) Jurisdiction means any state or political subdivision, territory or possession of the United States, the District of Colum- bia, the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands or any foreign country with whom the United States has reciprocity.

(3) Child means any child, whether above or below the age of majority, with respect to whom a support order exists.

(4) Obligor means any person required to make payments under the terms of a support order for a child, spouse or former spouse.
(5) Obligee means any person or entity which is entitled to receive support under an order of support and shall include an agency of another jurisdiction to which a person has assigned his or her right to support.
(6) Income means wages as defined in Section 2829 of this
Chapter.
(7) Employer means any payor of income.
(8) Income derived in this jurisdiction means any income, the payor of which is subject to the jurisdiction of this territory for the purpose of imposing and enforcing income withholding under § 34131 through § 34138 of this Chapter.

(9) Court or agency, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this Chapter, including the issuance and enforcement of support orders.

(c) Remedies Additional to Those Now Existing. The remedies provided in § 34140 through § 34149 of this Chapter are in addition to, and not in substitution for, any other remedy otherwise available to enforce a support order of this or of another jurisdiction. Relief under this Act shall not be denied, delayed, or otherwise affected because of the availability of other remedies, nor shall relief under any other statute be delayed or denied because of the availability of this remedy.
SOURCE: Added by P.L. 18-017:34 (Oct. 5, 1985).

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§ 34140. Initiation of Wage Assignments and Cooperation with
Other Jurisdictions.
On behalf of any client for whom the Department is already providing services, or on application of a resident of Guam, or on behalf of the Department if the obligee has assigned support rights, the Department shall promptly request the agency of another jurisdiction in which the obligor of a support order derives income to enter that order for the purpose of obtaining income withholding against such income. The Department shall compile and transmit promptly to the agency of the other jurisdiction all documentation required there to enter a support order for this purpose. The Department shall also transmit immediately to the agency of the other jurisdiction a certified copy of any subsequent modifications of the support order.
SOURCE: Added by P.L. 18-017:35 (Oct. 5, 1985).