73 chapters · 2,143 sections in this title.
5 GCA § 35607 Contest of Registration or Enforcement
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(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one (1) or more of the following defenses: (1) the issuing tribunal lacked personal jurisdiction over the contesting party; (2) the ord…
5 GCA § 35608 Confirmed Order
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Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. SUBARTICLE 3 REGISTRATION AND MODIFICATION OF CHILD-SU…
5 GCA § 35609 Procedure to Register Child-Support Order of Another
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State for Modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this state in the same manner provided in §§ 35601 through 35608 if the order has not been registe…
5 GCA § 35610 Effect of Registration for Modification
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A tribunal of this state may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered COL1242015 support order may be modified only if the requirement…
5 GCA § 35611 Modification of Child-Support Order of Another State
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(a) If § 35613 does not apply, upon petition, a tribunal of this state may modify a child-support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that: (1) the following requirements are met: (A) neither the child, …
5 GCA § 35612 Recognition of Order Modified in Another State
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If a child-support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state: (a) may enforce its order that was modified only as to arrears and in…
5 GCA § 35613 Jurisdiction to Modify Child-Support Order of Another
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State When Individual Parties Reside in this State. (a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state’s child-support order in…
5 GCA § 35614 Notice to Issuing Tribunal of Modification
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Within thirty (30) days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the …
5 GCA § 35615 Jurisdiction to Modify Child-Support Order of Foreign
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Country. (a) Except as otherwise provided in § 35711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child-support order and bind all individuals…
5 GCA § 35616 Procedure to Register Child-Support Order of Foreign
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Country for Modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the Convention may register that order in this state under §§ 35601 through 35608, if the order has not been registered. A petition…
5 GCA § 35701 Definitions. In this Article:
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(a) Application means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. (b) Central authority means the entity designated by the United States or a foreign country desc…
5 GCA § 35702 Applicability
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This Article applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this Article is inconsistent with Articles 1 through 6, this Article controls.
5 GCA § 35703 Relationship of Child Support Enforcement Division to
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United States Central Authority. The Child Support Enforcement Division of this state is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
5 GCA § 35704 Initiation by Child Support Enforcement Division of
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Support Proceeding Under Convention. (a) In a support proceeding under this Article, the Child Support Enforcement Division of this state shall: (1) transmit and receive applications; and (2) initiate or facilitate the institution of a proceeding regarding an application in a tri…
5 GCA § 35705 Direct Request
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(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies. (b) A petitioner may file a direct request seeking recognition and enforcement of a supp…
5 GCA § 35706 Registration of Convention Support Order
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(a) Except as otherwise provided in this Article, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in Article 6. (b) Notwithstanding §§ 35311 and 35602(a), a request f…
5 GCA § 35707 Contest of Registered Convention Support Order
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(a) Except as otherwise provided in this Article, §§ 35605 through 35608 apply to a contest of a registered Convention support order. (b) A party contesting a registered Convention support order shall file a contest not later than thirty (30) days after notice of the registration…
5 GCA § 35708 Recognition and Enforcement of Registered Convention
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Support Order. (a) Except as otherwise provided in Subsection (b), a tribunal of this state shall recognize and enforce a registered Convention support order. (b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement o…
5 GCA § 35709 Partial Enforcement
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If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
5 GCA § 35710 Foreign Support Agreement
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(a) Except as otherwise provided in Subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state. (b) An application or direct request for recognition and enforcement of a foreign support agreement must be acco…
5 GCA § 35711 Modification of Convention Child-Support Order
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(a) A tribunal of this state may not modify a Convention child- support order if the obligee remains a resident of the foreign country where the support order was issued unless: (1) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defend…
5 GCA § 35712 Personal Information; Limit on Use
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COL1242015 Personal information gathered or transmitted under this Article may be used only for the purposes for which it was gathered or transmitted.
5 GCA § 35713 Record in Original Language; English Translation
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A record filed with a tribunal of this state under this Article must be in the original language and, if not in English, must be accompanied by an English translation. ---------- ARTICLE 8 INTERSTATE RENDITION
5 GCA § 35801 Grounds for Rendition
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(a) For purposes of this Article, governor includes an individual performing the functions of governor or the executive authority of a state covered by this Act. (b) The governor of this state may: (1) demand that the governor of another state surrender an individual found in the…
5 GCA § 35802 Conditions of Rendition
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(a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may COL1242015 require a prosecutor of this state to demonstrate that at …
5 GCA § 35901 Uniformity of Application and Construction
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In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
5 GCA § 35902 Transitional Provision
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This Act applies to proceedings begun on or after the effective date of this Act to establish a support order or determine parentage of a child COL1242015 or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.…
5 GCA § 35903 Severability
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If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application and to this end the provisions of thi…
5 GCA § 35904 Repeals
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The following are repealed: (1) The entirety of Title 5, Chapter 35 of the Guam Code Annotated, which is being replaced by this Act.
5 GCA § 35905 Effective Date
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This Act shall become effective upon enactment. ---------- COL1242015