Title 42 — Domestic Relations
4 chapters · 56 sections in this title.
A.S.C.A. § 42.0101 Requisites of valid marriage
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To enter into a valid marriage contract: (a) The parties must not be related to each other nearer than the fourth degree of consanguinity. (b) The male shall be at least 18 years of age and the female at least 14 years of age. (c) If the female is less than 18 years of age, she m…
A.S.C.A. § 42.0102 Persons who may perform ceremony
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(a) No minister of any Christian religion has authority to solemnize or perform any marriage ceremony without first having registered with the Registrar of Vital Statistics a letter of identity and confirmation of his authority as a minister in the particular church to which he b…
A.S.C.A. § 42.0103 License-Application and forms-Consent of parent or guardian
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(a) Persons wishing to marry shall obtain an application for marriage license from the office of the Registrar of Vital Statistics, which shall be completed and signed by the applicants under oath. Upon payment of the fee of $10, the Registrar of Vital Statistics shall issue to t…
A.S.C.A. § 42.0104 License-Issuance and form
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(a) When the Registrar of Vital Statistics receives an application to marry which complies with the provisions of this chapter, both as to substance and form, he shall, if it appears that the parties are legally competent to marry under the provisions of 42.0101, issue to the par…
A.S.C.A. § 42.0105 Marriage ceremony
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(a) At any time not less than 30 or more than 90 days after the issuance of a marriage license, any minister of any Christian religion duly appointed or ordained and duly registered in the office of the Registrar of Vital Statistics, or any Samoan Associate Judge, or the Associat…
A.S.C.A. § 42.0106 Copies of certificate-Register of marriages-Use of records
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(a) The minister, justice, or judge shall, immediately after the solemnization of the marriage, deliver one certificate of marriage to the parties to the marriage and shall retain one copy in the church files or in a file maintained by the justice or judge in his office. The thir…
A.S.C.A. § 42.0107 Fees-Disposition
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(a) The Registrar of Vital Statistics shall charge $10 for an application and issuance of the marriage license. (b) A clergyman may charge not more than $10 for the performance of a marriage ceremony. (c) All fees collected by the Registrar of Vital Statistics in connection with …
A.S.C.A. § 42.0108 Violation-Penalty
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Any person who violates any provisions of this chapter or commits any of the following acts shall be fined not more than $50, or imprisoned not more than 2 months, or both: (1) solemnizes a marriage knowing that either of the parties thereto is not duly qualified to marry; (2) kn…
A.S.C.A. § 42.0201 Definitions
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As used in this chapter, “petition” includes cross-petition, and “petitioner” includes cross-petitioner. History: 1962, PL 7-32.
A.S.C.A. § 42.0202 Grounds for divorce
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The High Court may dissolve any marriage contract and grant a decree of divorce, or may grant a decree of judicial separation, for any one of the following causes: (1) adultery; (2) habitual cruelty or ill usage; (3) desertion for 6 months or more; (4) sentence to imprisonment fo…
A.S.C.A. § 42.0203 Grounds for annulment
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The High Court may annul any marriage which was illegally contracted. History: 1962, PL 7-32.
A.S.C.A. § 42.0204 Application for separation or dissolution
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(a) Application for judicial separation or for dissolution of a marriage contract on any ground set out in 42.0202 and 42.0203 may be made by either husband or wife by a petition to the court. (b) Service shall be had upon the respondent as required by law. History: 1962, PL 7-32…
A.S.C.A. § 42.0205 Examination and evidence by court
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The court shall examine all parties and witnesses and shall take all evidence, as far as it reasonably can, not only as to the facts alleged in the petition, but also as to whether or not the petitioner has been in any manner an accessory to the offense alleged, has connived with…
A.S.C.A. § 42.0206 Dismissal following presentation of evidence
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(a) Except as provided in subsection (b), the petition shall be dismissed if upon the evidence presented the court finds any of the following: (1) that it has not been established that either the petitioner or respondent has been a bona fide and continuous resident of American Sa…
A.S.C.A. § 42.0207 Presumption of condonation
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Condonation may be presumed in all matrimonial actions and proceedings by the voluntary cohabitation of the parties with the knowledge of the offense charged. History: 1962, PL 7-32; and 1975, PL 14-11 § 1. Amendments: 1975 Substituted “condonation” for “condonement” in section h…
A.S.C.A. § 42.0208 Grant of separation or dissolution
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If the court is satisfied from the evidence presented that the case of the petitioner has been proved, and finds that there is no legal ground why the petition should not be granted, the court may decree judicial separation or dissolution of the marriage accordingly. History: 196…
A.S.C.A. § 42.0209 Order for maintenance
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When the divorce, separation or annulment is granted, the court may make an order for the maintenance of either party it deems proper and just under the circumstances. History: 1962, PL 7-32; and 1980, PL 16-63 § 1. Amendments: 1980 Amended generally.
A.S.C.A. § 42.0210 Custody of minor children
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When the divorce, separation or annulment is granted, the court may make a division of, or order with respect to, the property of either or both of the parties as it deems fair and proper and order for the custody, care, maintenance and support of the minor children of the partie…
A.S.C.A. § 42.0211 Restoration of maiden name
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When the divorce, separation or annulment is granted, the court may restore to the woman the name used by her prior to the marriage when so requested. History: 1962, PL 7-32.
A.S.C.A. § 42.0401 Short title
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This chapter may be cited as the “Uniform Reciprocal Enforcement of Support Act”. History: 1965, PL 9-20.
A.S.C.A. § 42.0402 Purpose
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The purposes of the chapter are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto. History: 1965, PL 9-20
A.S.C.A. § 42.0403 Interpretation
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This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. History: 1965, PL 9-20.
A.S.C.A. § 42.0404 Definitions
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In this chapter, unless the context otherwise requires: (a) “Certification” means to be in accordance with the laws of the certifying state. (b) “Court” means the district court of American Samoa, and when the context requires, means the court of any state as defined in a substan…
A.S.C.A. § 42.0405 Other remedies not precluded
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The remedies provided in this chapter are in addition to and not in substitution for any other remedies. History: 1965, PL 9-20.
A.S.C.A. § 42.0406 Duties of support-Presumption
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(a) Duties of support applicable under this chapter are those imposed or imposable under the law of any state where the obligor was present during the period for which support is sought. (b) The obligor is presumed to have been present in the responding state during the period fo…
A.S.C.A. § 42.0407 Remedy of jurisdiction furnishing support
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Whenever the state or a political subdivision thereof furnishes support to an obligee, it has the same right to invoke the provisions of this chapter as the obligee to whom the support was furnished, for the purpose of securing reimbursement of expenditures so made and of obtaini…
A.S.C.A. § 42.0408 Obligor bound regardless of obligee’s residence
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Duties of support arising under the laws of this territory, when applicable under 42.0406, bind an obligor present in this territory, regardless of the presence or residence of the obligee. History: 1965, PL 9-20.
A.S.C.A. § 42.0409 Territory information agency
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The Attorney General, or his assistant, is designated as the territory information agency under this chapter, and he shall: (1) Transmit the name of the district court of American Samoa, Pago Pago, American Samoa, to the state information agency of every state which has adopted t…
A.S.C.A. § 42.0420 Demand and surrender-Applicability of extradition laws
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(a) The Governor of this territory may demand from the governor of any state the surrender of any person found in such state who is charged in this territory with the crime of failing to provide for the support of any person in this territory, and may surrender on demand by the g…
A.S.C.A. § 42.0421 Failure or uselessness of action by obligee as prerequisite to demand
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(a) Before making the demand on the governor of any state for the surrender of a person charged in this territory with the crime of failing to provide for the support of any person, the Governor of this territory may require the Attorney General of this territory, or his assistan…
A.S.C.A. § 42.0422 Duties of district court and territorial officials when acting as responding state
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(a) After the district court, acting as a responding state, has received from the court of an initiating state copies of a complaint, the certificate of the court of the initiating state, and the initiating state’s reciprocal support law, the clerk of the district court shall doc…
A.S.C.A. § 42.0423 Duty of district court regarding payments due or from initiating state
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(a) The district court, when acting as a responding state, shall have the following duties which may be carried out through the clerk of the district court: (1) upon the receipt of a payment made by a defendant pursuant to any order of the district court or otherwise, to transmit…
A.S.C.A. § 42.0430 Rights and enforcement
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All duties of support, including arrearages, are enforceable by action or complaint, irrespective of the relationship between the obligor and the obligee. History: 1965, PL 9-20.
A.S.C.A. § 42.0431 Jurisdiction of district court
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Jurisdiction of all proceedings under this chapter is vested in the district court of American Samoa. History: 1965, PL 9-20; and 1979, PL 16-53 § 33. Amendments: 1979 Substituted reference to district court for reference to High Court.
A.S.C.A. § 42.0432 Arrest of defendants who may flee
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When the district court, acting either as an initiating or responding state, has reason to believe that the defendant may flee the jurisdiction, it may: (1) as an initiating state, request in its certificate that the court of the responding state obtain the body of the defendant …
A.S.C.A. § 42.0433 Conduct of proceedings
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The district court shall conduct proceedings under this chapter in the manner prescribed by law for an action for the enforcement of the type of duty of support claimed. History: 1965, PL 9-20; and 1979, PL 16-53 § 35. Amendments: 1979 Substituted reference to district court for …
A.S.C.A. § 42.0434 Attorney General to represent plaintiff
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The Attorney General or his assistant shall represent the plaintiff in any proceeding under this chapter. History: 1965, PL 9-20.
A.S.C.A. § 42.0435 Complaint-Contents
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The complaint shall be verified and shall state the name and, so far as known to the plaintiff, the address and circumstances of the defendant, his dependents for whom support is sought, and all other information which may help in locating or identifying the defendant, such as a …
A.S.C.A. § 42.0436 Complaint for a minor
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A complaint on behalf of a minor obligee may be brought by a person having legal or actual custody of the minor, without appointment as guardian ad litem. History: 1965, PL 9-20.
A.S.C.A. § 42.0437 Transmission of complaint and other documents to responding state
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If the district court, acting as an initiating state, finds that the petition sets forth facts from which it may be determined that the defendant owes a duty of support and that a court of the responding state may obtain jurisdiction of the defendant or his property, it shall so …
A.S.C.A. § 42.0438 Proceedings not to be stayed
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No proceeding under this chapter may be stayed because of the existence of a pending action for divorce, separation, annulment, dissolution, habeas corpus, or custody. History: 1965, PL 9-20.
A.S.C.A. § 42.0439 Continuation of action in plaintiff’s absence
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If the plaintiff is absent from the responding state and the defendant presents evidence which constitutes a defense, the district court shall continue the case for further hearing and the submission of evidence by both parties. History: 1965, PL 9-20; and 1979, PL 16-53 § 37. Am…
A.S.C.A. § 42.0440 Applicable rules of evidence
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In any hearing under this chapter, the district court shall be bound by the same rules of evidence that apply in other actions for enforcement of the duty of support. History: 1965, PL 9-20; and 1979, PL 16-53 § 38. Amendments: 1979 Substituted reference to district court for ref…
A.S.C.A. § 42.0441 Communication between husband and wife
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Laws granting a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this chapter; husband and wife are competent witnesses and may be compelled to testify to any relevant matter, including marriage and parentage. Histo…
A.S.C.A. § 42.0442 Support order
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If the court of the responding state finds a duty of support, it may order the defendant to furnish support or reimbursement therefor and subject the property of the defendant to such order. History: 1965, PL 9-20.
A.S.C.A. § 42.0443 Transmission of orders to initiating state
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The district court, when acting as responding state, shall cause to be transmitted to the court of the initiating state a copy of all orders of support or for reimbursement therefor. History: 1965, PL9-20; and 1979, PL 16-53 § 39. Amendments: 1979 Substituted reference to distric…
A.S.C.A. § 42.0444 Application of payments where more than one order exists
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No order of support issued by the district court acting as a responding state may supersede any other order of support, but the amounts for a particular period paid pursuant to either order shall be credited against amounts accruing or accrued for the same period under both. Hist…
A.S.C.A. § 42.0445 Costs and fees
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There may be no filing fee or other costs taxable to the obligee, but the district court acting either as an initiating or responding state, may in its discretion direct that any part of or all fees and costs incurred in this territory, including without limitation by enumeration…
A.S.C.A. § 42.0446 Effect of participation in proceedings on jurisdiction of other courts
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Participation in any proceedings under this chapter may not confer upon any court jurisdiction of any of the parties thereto in any other proceeding. History: 1965, PL 9-20.
A.S.C.A. § 42.0447 Additional powers of district court over defendants
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In addition to the foregoing powers, the district court, when acting as the responding state, has the power to subject the defendant to such terms and conditions as the district court may deem proper to assure compliance with its orders and in particular: (1) may require the defe…