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Guam State Profile |
Updated on 10 May 2002
Certified on 18 Apr 2007
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A. General/State-At-A-Glance |
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| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State Administered/State Operated |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
One office |
| A3. With what types of agencies do you have cooperative agreements? |
Other government agencies, e.g., Revenue and Taxation, Department of Administration; these agencies provide information (driver's license and tax refund) and assistance (payroll checks, treasurer's signature on checks). |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
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| A4.1. If so, what is the statutory citation? |
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| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
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| A4.3. If so, please explain. |
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B. UIFSA |
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| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
12/11/1997 |
| B2. What is the effective date of your State's Act? |
12/11/1997 |
| B3. What is the statutory citation for your State's Act? |
5 Guam Code Annotated Chapter 34
For Additional Information - No Link Provided |
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
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| B4.1. If your state has implemented the 2001 version, when was it implemented? |
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| B5. Optional comments regarding your State's UIFSA Act. |
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C. Reciprocity |
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| C1. With what foreign countries does your State reciprocate? |
None. |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
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| C1.2. If yes, please explain. |
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| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
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D. Age of Majority |
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| D1. What is the age of majority in your State? |
18 years of age |
| D2. What is the statutory cite for the age of majority? |
19 Guam Cod Annotated Section 5102(c)
For Additional Information - No Link Provided |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
18 years of age |
| D4. Does the date of the order impact what law is applied? |
No |
| D4.1. If so, please explain. |
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| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
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| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
Agreement of the parents to extend the obligation beyond age 18; disability of a child which prevents the child, soon to be a legal adult, from becoming self-sufficient. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
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| D7.1. If yes, please describe the procedure. |
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E. Statute of Limitations |
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| E1. What is your State's statute of limitations for collection of past due support? |
Before December 11, 1997 there was a 1 year statute for non-TANF/AFDC cases and a 3 year statute for TANF cases; after December 11, 1997, there is a six-year statute of limitations with qualifications, we hope to present legislation this year to clarify the statute of limitations. |
| E2. What is your State's statute of limitations for paternity establishment? |
There is no specific statute of limitations for the establishment of paternity. |
| E3. Is dormancy revival/renewal possible? |
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| E3.1. Please explain the circumstances when possible, and the length of time possible. |
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F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Percentage of Combined Adjusted Gross Income. |
| F2. Does your State charge interest on missed arrears? |
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| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
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| F3. Does your State charge interest on retroactive support? |
No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
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| F4. Does your State charge interest on adjudicated arrears? |
Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
1% per month |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, under what circumstances? |
If the order is clear (this is provided in our local orders) and if the judge determines that there are no equitable bars to the recovery. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
No |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
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| F6.2. What costs are recovered from/fees charged to the obligor? |
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| F7. Does your State recover costs on behalf of the initiating State? |
No |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
Rarely recover fees for other states. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
The statute for long arm jurisdiction is being revised by the legislature.
For Additional Information - No Link Provided |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
If there is also an ongoing child support order |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
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G. Income Withholding |
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| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Wage assignment |
| G2. What specific source of income is not subject to withholding? |
An amount which exceeds 50% of the obligor's income or 60% if the obligor has another spouse.
For Additional Information - No Link Provided |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
No |
| G3.1. If yes, what are those limits? |
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| G4. What is the allowable fee per pay period for processing income withholding payments? |
None. |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
First pay period after receipt of the order by the employer. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
Within 5 days of the payment to the employee |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Court hearing on an order to show cause for failure to remit payments; sanctions of treble damages are available. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
Same as G7 |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
No |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
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| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
No |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
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| G11. How does an obligor contest income withholding in your State? |
By requesting a hearing within 14 days of receipt of the notice of wage assignment. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
First come, first paid priority |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
For Additional Information - No Link Provided |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
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| G14. When does your state require the employer to send notice of an employee's termination? |
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| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
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| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
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| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
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| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
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| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
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H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
Yes |
| H1.1. If yes, please explain. |
If the parties agree to the administrative hearing office hearing visitation issues, otherwise custody and visitation will be addressed only by a Superior Court judge. |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
95% |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
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| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
12/11/1997 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
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| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
By requesting a genetic test and getting an exclusion on the test results. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
No |
| H6.1. If not, briefly explain. |
If the parties were married and living together at the time of conception then the presumption from #4 above is operative. Otherwise, there is no presumption that prevents a party from requesting a genetic tests even if his name is on the birth certificate. |
| H7. Does your State have any other paternity-related presumptions? |
No |
| H7.1. If yes, briefly explain. |
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| H8. Does your State have a putative fathers' registry? |
No |
| H8.1. If so, what is the name of that entity? |
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| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
The fee is $5.00 and cannot be waived. |
| H10. Is common law marriage recognized in your State? |
No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
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| H10.2. When did your current common law standard go into effect? |
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| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
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| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Written, videotaped and teleconference evidence have been accepted. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
Currently under discussion and hearing with the legislature.
For Additional Information - No Link Provided |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
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| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
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| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
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| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
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I. Support Order Establishment |
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| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Both |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
When the CSEO is establishing, the action is filed with the administrative hearing office; that office will hear all child support matters. |
| I1.2. Under what circumstances would the judicial process be used? |
Parties raise issues which fall outside the administrative hearing officers jurisdiction. |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
19 Guam Code Annotated chapter 5A, Sections 5501 et seq.
For Additional Information - No Link Provided |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
The custodial parent's or guardian's income. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
It is an equitable, discretionary matter which is rarely done. |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
Since December 11, 1997, support can be established back to the date of birth of the child and the obligor can be obligated to reimburse for the costs of birth of the child. |
| I4.2. What information or documentation does your State require to proceed? |
Referral from our IV-A agency or an application for services from the custodial/supporting parent/person. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
Yes |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
If the child for when the support is being established is more than six years old, then the order will only go back six years from the date of filing of the complaint for establishment of support. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
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| I6. What is your State's statutory authority for the administrative process? |
For Additional Information - No Link Provided |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
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| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
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| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
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| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
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| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
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J. Support Enforcement |
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| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
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| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Administrative and judicial. |
| J2. Is the lien process in your State judicial, administrative or both? |
Administrative |
| J2.1. What are the trigger criteria for filing a lien? |
Arrearage equal to 6 times monthly support obligation and obligor is delinquent in court established plan to repay. |
| J2.2. Where is your State liens filed? |
RP - Guam Dept of Land Management PP - Guam Dept of Revenue and Taxation |
| J2.3. Does your State charge a fee for filing a lien? |
No |
| J2.4. If so, please indicate the amount. |
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| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Administrative and judicial. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Information not available at this time |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
Information not available at this time |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
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| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
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| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
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| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
Information not available at this time |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
Information not available at this time |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
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| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
Information not availabe at this time |
| J5.3. 1. If yes, please provide the time frame. |
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| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
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| J5.4.1. If yes, please provide the percentage. |
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| J5.4.2 . Is the percentage different for joint accounts? |
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| J5.4.3. If yes, please provide the amount. |
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| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
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| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
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| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
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| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
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| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
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| J5.10. Is your State's complaint review process judicial, administrative or both? |
Information not available at this time |
| J5.11. What are your State's penalties for incorrect seizures? |
Information not available at this time |
| J5.12. Is the second challenge administrative, judicial or both? |
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| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
Information not avaailable at this time |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Information not available at this time |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
Information not available at this time |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
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| J5.16.1. If yes, what is the amount? |
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| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
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| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
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| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
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| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
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| J5.19.1 . If yes, please define. |
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| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
The only state funds are income tax refunds. |
| J7. Please describe any other administrative enforcement procedures your state may have. |
Job search orders, punitive sanctions (fine and/or jail) for failing to obey court orders. |
| J8. Please describe any other judicial enforcement procedures your state may have. |
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| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
Send the information to this office and we will register it.
For Additional Information - No Link Provided |
| J10. Which of our state's enforcement remedies are available without registration? |
Wage assignment |
| J11. Describe your state's registration and enforcement procedures. |
Send 3 certified copies of the request and any orders already established and we will register and enforce. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
Notice of court hearings to the obligor if the obligor has objected to enforcement proceedings. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
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| J13.1. If yes, please provide the statutory citation. |
For Additional Information - No Link Provided |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
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| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
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| J15. Does your state use credit bureau reporting as an enforcement method? |
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| J16. Provide which credit bureaus your state report an obligor's child support information? |
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| J17. Is the method for credit bureau reporting judicial, administrative or both? |
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| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
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| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
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K. Modification and Review/Adjustment |
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| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
Every three years. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
Automatically in TANF cases and upon request of either party in non-TANF cases. |
| K3. Briefly describe your State's modification procedure. |
We request current wage and health insurance information from employers, prepare and file a notice and motion for modification if the monthly child support would increase or decrease by more than 10% of the current amount. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
10% |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
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| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
Yes |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
Yes |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
Extraordinary medical expenses and child care expenses are part of the worksheet. Visitation expenses demonstrates a change in circumstances. |
| K6. Does your State have cost of living adjustments (COLAs)? |
Yes |
| K6.1. If so, what index does your State use? |
Reflected in the guidelines that are reviewed every two years. |
| K7. How does your state credit SSA disability to current and past due support? |
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| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
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| K8.1. If so, please explain the situation? |
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| K8.2. What is the statutory cite for your abatement law? |
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
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| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
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| K9. What information is required to register an out-of-state order for enforcement/modification? |
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L. Lump Sum Payments |
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| L1. Does your state define a lump sum payment? |
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| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
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| L1.2 Provide the statutory citation. |
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
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| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
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| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
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| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
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| L4. How are employers instructed to report a pending lump sum? |
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| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
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| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
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| L7. Does your state use the income withholding order to attach the lump sum payment? |
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| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
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| L8. Does your state use the lien/levy process to attach the lump sum payment? |
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| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
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| L9. What other documents does your state use to attach lump sum payments? |
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| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
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| L10.1 If yes, what are those limits? |
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
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| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
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| L11.1 If yes, would the employer only withhold for that period's obligation? |
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