Title 5 — Government Operations

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…

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…

(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, …

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…

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…

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 …

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…

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…

(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…

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.

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.

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…

(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…

(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…

(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…

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…

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.

(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…

(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…

COL1242015 Personal information gathered or transmitted under this Article may be used only for the purposes for which it was gathered or transmitted.

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

(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…

(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 …

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.

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.…

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…

The following are repealed: (1) The entirety of Title 5, Chapter 35 of the Guam Code Annotated, which is being replaced by this Act.

This Act shall become effective upon enactment. ---------- COL1242015

As used in this Chapter, unless the context in which they are used requires a different meaning, or unless a different definition is prescribed for a particular provision: COL1172018 (a) the term ‘claim’ (1) means any request or demand, whether under a contract or otherwise, for …

(a) Subject to Subsection (b) of this Section, any person who: (1) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; (2) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraud…

Underpayments of Taxes Levied Under the Laws of Guam. (a) The Director of Revenue and Taxation, under regulations prescribed by the Director, is authorized to pay, from the monies appropriated to the Department of Revenue and COL1172018 Taxation in any fiscal year, such sums as h…

Any information furnished pursuant to §§ 37102(b) and 37103 shall be exempt from disclosure under Chapter 10 of Title 5, Guam Code Annotated.

If any provision of this Chapter or its application to any person or circumstance is found to be invalid, or contrary to law, such invalidity shall not affect other provisions or applications of this Chapter which can be given effect without such invalid COL1172018 provision or a…

The Attorney General shall diligently investigate a violation under §§ 37102 and 37103. If the Attorney General finds that a person has violated or is violating §§ 37102 or 37103, the Attorney General may bring a civil action under this Section against the person.

(a) A person may bring a civil action for a violation of §§ 37102 and 37103 for the person and for the government of Guam. (1) The action shall be brought in the name of the government. (2) The action may be dismissed only if the court and the Attorney General give written consen…

(a) If the government of Guam proceeds with the action, it shall have the primary responsibility for prosecuting the action, shall not be bound by an act of the person who had brought the action, and any such private party shall withdraw from such COL1172018 action, while receivi…

(a) Except as otherwise provided under § 37103, if the government of Guam proceeds with an action brought by a person under § 37202, such person shall, subject to the second sentence of this Subsection, receive at least fifteen percent (15%), but not more than twenty-five percent…

(a) No court shall have jurisdiction over an action brought by a former or present member of the armed forces under § 37202 against a member of the armed forces arising out of such person’s service in the armed forces. (b) In no event may a person bring an action under § 37202 wh…

Expenses. The government of Guam is not liable for expenses which a person incurs in bringing an action under this Article.

Only in civil actions brought under this Article by the government of Guam, the following shall apply: COL1172018 (a) (1) A court shall award to a prevailing party other than the government of Guam fees and other expenses, in addition to any costs awarded, incurred by that party …

COL1172018 (a) In General. Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discri…

A civil action under Article 2 may not be brought more than ten (10) years after the date on which the violation is committed.

Which the Government of Guam Intervenes. COL1172018 If the government of Guam elects to intervene and proceed with an action brought under § 37202, the government of Guam may file its own complaint or amend the complaint of a person who has brought an action under § 37202 to clar…

Action. (a) In any action brought under Article 2, the government of Guam shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. (b) Notwithstanding any other provision of law, a final judgment rendered in …

(a) Issuance and Service. (1) Whenever the Attorney General, or a designee (for purposes of this Section), has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims law investigation, the …

COL1172018 (a) In General. A civil investigative demand issued under § 37401 may not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if such material, answers, or testimony would be …

Any civil investigative demand issued under § 37401 may be served by a false claims law investigator, or by a law enforcement officer of the government of Guam, at any place within the territorial jurisdiction of the Unified Judiciary of Guam.

(a) Legal Entities. Service of any civil investigative demand issued under § 37401 or of any petition filed under § 37410 may be made upon a partnership, corporation, association, or other legal entity by: (1) delivering an executed copy of such demand or petition to any partner,…

A verified return by the individual serving any civil investigative demand issued under § 37401 or any petition filed under § 37410 setting forth the manner of such service shall be proof of such service. In the case of service by registered or certified mail, such return shall b…

(a) Sworn Certificates. (1) The production of documentary material in response to a civil investigative demand served under this Section shall be made under a sworn certificate, in such form as the demand designates, by: COL1172018 (A) in the case of a natural person, the person …