Termination of Child Support

(a) An order of current child support entered by a Court or tribunal shall terminate by operation of law when the child on whose behalf the support is owed marries, becomes emancipated, or the latter of reaching the age of majority or graduating from high school or equivalent, but not to exceed nineteen (19) years of age; provided that the child remains in the custody and care of, and resides with, the custodial parent, or for those who are identified as special education students, who continue with their high school program, the order shall extend through the age of twenty-two (22). If the child is still in high school and is due to turn eighteen (18) years of age, or twenty-one (21) years of age for special education students, during the school year, the custodial parent shall inform the Office of the Attorney General’s Child Support Enforcement Division no later than thirty (30) calendar days prior to the child’s eighteenth (18th) birthday, or twenty- first (21st) birthday for special education students. The custodial parent shall at that time submit to the Office of Attorney General’s Child Support Enforcement Division an official certification of enrollment/attendance evidencing his or her child’s active status as a student. In the event the child is no longer enrolled as a student, voluntarily or involuntarily, the custodial parent shall, within ten (10) business days, notify the Office of the Attorney General’s Child Support Enforcement Division, upon which time child support shall terminate. (b) The provisions contained in § 34105.2 (a) shall not apply to child support cases where a different arrangement has been agreed to by the custodial parent and non-custodial parent, extending child support obligations beyond eighteen (18) years of age, and which agreements have been duly approved by a Court or tribunal. SOURCE: Added by P.L. 31-271:2 (Dec. 26, 2012). 2012 NOTE: P.L. 31-271:3, provides: “Section 3. Effective Date and Implementation. This Act shall take effect upon enactment and apply prospectively. The Office of the Attorney General’s Child Enforcement Division, within thirty (30) calendar days following the passage of this Act, shall inform custodial parents and non-custodial concerning the provisions of this Act. The Office of the Attorney General’s Child Enforcement Division shall further coordinate with the Superintendent of Education, or his authorized designee, to ensure appropriate support is extended by the Guam Department of Education concerning attendance certifications required in Section 2 of this Act. In the event a child turns eighteen (18) years of age within thirty (30) calendar days following enactment of this Act, the custodial parent shall submit the information required by Section 2 of this Act to the Office of the Attorney General’s Child Support Enforcement Division within ten (10) business days following notification by that Office concerning the passage of this Act.”