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EspañolBasic information about child support in Guam.
What is child support?
Child support is money that a non-custodial parent pays to the custodial parent for the support of a minor or dependent child.1 A minor child is a child who is under the age of 18. 2 A child who is over 18 could also qualify if s/he is considered a “dependent child” who is eligible for assistance for dependent children.3
1 19 Guam R. & Regs. § 1201(a)
2 19 Guam Code § 1101
3 5 Guam Code § 34102(c)
How long does child support last?
A child support order will automatically end when:
- your child marries;
- your child becomes emancipated; or
- the later of your child turning 18 or graduating from high school, assuming your child is still in your care at that point.
If your child is a special education student, however, the child support order will continue through age 22 as long as your child is continuing high school.1
You may agree with the other parent to an arrangement that extends child support past the age of 18 if this agreement is approved by a judge.2
1 5 Guam Code § 34105.2(a)
2 5 Guam Code § 34105.2(b)
How will a judge decide the amount of a child support award?
The judge will use two slightly different calculations to determine child support depending on whether you have sole or shared physical custody of your child. You are considered to have shared physical custody when your child lives with you for between 40% and 60% of the year.1 If your child lives with you over 60% of the year, that is considered sole physical custody.
The court will calculate an adjusted gross income for each parent, deducting certain costs for things like other court-ordered child or spousal support and medical insurance.2 These two amounts are then added together to calculate the combined adjusted gross income, and the judge will use a chart created by the Attorney General’s Office to calculate a percentage of that combined amount to be paid as child support. This final amount is calculated by the number of children involved and the percentage of the combined adjusted gross income that each parent earns.3
The minimum amount of child support that the judge can order the other parent to pay you is $50 per month.4 The judge can then add additional amounts, including for child care and educational costs, to the order.5 If the judge believes that the other parent is not earning the full amount of income that s/he is capable of earning, the judge can add additional income to determine the other parent’s adjusted gross income.6
If you have shared custody, an adjustment is made to account for expenses that might be duplicated between you and the other parent, such as costs that you both pay to maintain separate bedrooms for your child.7 The judge in this situation also uses a calculation that takes into account what percentage of the year the child is with each parent.8
The judge is also required to include medical insurance in your child support order. This means the order will say which parent is required to provide health insurance coverage and what percentage of uncovered medical expenses each of you must pay.9
1 19 Guam R. & Regs. § 1204(a)
2 19 Guam R. & Regs. §§ 1203(a), (b); 1204(d)
3 19 Guam R. & Regs. § 1203(c), (d), (f)
4 19 Guam R. & Regs. § 1203(d)
5 19 Guam R. & Regs. § 1203(e)
6 19 Guam R. & Regs. § 1203(a)(5)
7 19 Guam R. & Regs. § 1204(c)
8 19 Guam R. & Regs. § 1204(e)
9 19 Guam R. & Regs. § 1206; 5 Guam Code § 34128(a)
Can a child support order be changed?
A child support order can be changed (modified) if there has been a significant (substantial and material) change of circumstances. If the other parent voluntarily takes on other financial obligations that make it difficult for them to pay child support, however, it will not count as a change of circumstances.1
The Office of Child Support Enforcement may also review and adjust your order under three circumstances:
- if your child support order has no provision for your child’s health insurance;
- if you receive Temporary Assistance for Needy Families (TANF), once 36 months has passed since the order was issued; or
- if you do not receive TANF, after 36 months has passed or either parent requests that the order be reviewed.2
The failure of the other parent to use his/her parenting time so that your child lives with him/her for less than 40% of the time is a basis for the child support order to be changed. However, this is not the case if you prevent the other parent from using their parenting time.3
1 5 Guam Code § 34121
2 19 Guam R. & Regs. § 1207
3 19 Guam R. & Regs. § 1204
Where can I find out more about child support in Guam?
You can visit the website of the Child Support Enforcement Division of the Office of the Attorney General to learn more.
