Estatutos Seleccionados: Guam

(a) The gross income of the parties shall be determined, as follows:

(1) Gross income includes income from any source, and may include, but is not limited to, income from salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, gifts, prizes, worker’s compensation benefits, spousal maintenance received, disability benefits, rental income, retirement plans, pensions and basic and variable allowances for housing and subsistence from military pay and benefits including but not limited to basic allowance for housing (BAH), basic allowance for subsistence (BAS), basic allowance for quarters (BAQ), specialty & proficiency pay, war-zone allowance, hazardous duty, and any other entitlements reflected in the monthly leave and earnings statement (LES), such as the cost-of-living allowance (COLA) for those in high cost areas and other allowances. If the servicemember does not receive BAH or BAQ because he/she lives on base, then the value of that free housing is imputed to his/her income using the military pay charts available on the Defense Finance and Accounting Service (DFAS) website.

(2) Gross income does not include benefits received from means-tested public assistance programs including, but not limited to, temporary assistance to needy families (TANF), supplemental security income (SSI), food stamps, general assistance, or sums received as child support.

(3) For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, gross income means gross receipts, minus ordinary and necessary expenses required to produce income. “Ordinary and necessary expenses” does not include amounts determined by the court to be inappropriate for determining gross income for purposes of child support.

(4) Expense reimbursements or benefits received by a parent in the course of employment or self-employment or operation of a business shall be counted as income if they are significant and reduce personal living expenses, regardless if they are taxable as income.

(5) If a parent is unemployed or working below full earning capacity, the court may consider the reasons. If earnings are reduced as a matter of choice and not for reasonable cause, such as caring for children, the court may attribute income to the parent up to his or her earning capacity.

(6) The court may take into account the benefits a noncustodial parent derives from remarriage, expense-sharing, or other source towards allocation of self support or other applicable costs.

(b) The gross income shall be adjusted as follows:

(1) Each parent shall be entitled to deduct $775 from gross income for “self-support”. The basic gross income need is based on the U.S. Department of Health and Human Services Poverty Guidelines (2004) for the 48 contiguous states and District of Columbia.

(2) Spousal maintenance and court-ordered child support of other children, actually paid, shall be deducted from the gross income of the payor. “Other children” means children who are not the subject of this particular child support determination. (As stated in § 1202(b)(5), support of other children, and children to whom the noncustodial parent owes a legal obligation of support may be considered.)

(3) The court has discretion to credit to the appropriate parent, a maximum of $50 per child for other natural children in the parent’s home. However, this credit shall not be routinely given.

(4) The cost of medical insurance coverage for the children shall be deducted from the gross income of a parent paying the insurance premium. This amount shall be calculated on a per capita basis. Reimbursement for health insurance premiums may be awarded to the appropriate parent in place of a gross income deduction.

(c) The adjusted gross income of the parents shall be determined as follows:

Adjusted Gross Income is gross income minus the allowed adjustments. Once the Adjusted Gross Income for each parent is established, these amounts shall be added together and the result is the Combined Adjusted Gross Income.

(d) The basic child support obligation shall be determined as follows:

The Combined Adjusted Gross Income figure shall be located on the Schedule of Basic Child Support Obligation, matching it to the column for the number of children involved and multiplying it by the corresponding percentage from the Schedule. The answer is the Basic Child Support Obligation. If the primary obligation of the non-custodial parent is less than $50 per child per month, a minimum child support award of $50 per child per month shall be ordered.

(e) The total child support obligation shall be determined as follows:

To the basic obligation, any of the following may be added by the court:

(1) Child Care Costs: Child care expenses appropriate to the parent’s financial abilities and to the lifestyle of the children had the family remained intact;

(2) Education Expenses: Any reasonable and necessary expenses for attending private or special schools or necessary expenses to meet particular educational needs of a child when such expenses are incurred by agreement of both parents or ordered by the court;

(3) Older Child Adjustment: The average expenditures for children over age twelve (12) exceed the average expenditures for all children by approximately ten percent (10%). Therefore, the court may increase child support for an older child by an amount up to ten percent (10%) of the support shown on the Schedule.

The net figure derived from adding any of these allowable sums to the Basic Child Support Obligation is the total Child Support Obligation.

(f) Each parent’s proportionate share of the Total Child Support Obligation shall be determined as follows:

The Total Child Support Obligation shall be divided between the parents in proportion to their Adjusted Gross Incomes. The obligation of each parent is computed by multiplying each parent’s percentage of his/her Combined Adjusted Gross Income by the Total Child Support Obligation. The custodial parent shall be presumed to spend his or her share on the children.

(g) The child support award shall be determined as follows:

The court shall order the non-custodial parent to pay child support in an amount equal to his or her proportionate share of the Total Child Support Obligation.

(h) EXAMPLE: One child, age 15: Combined Adjusted Gross Income is $1,000. The father’s Adjusted Gross Income is $600. Divide the father’s Adjusted Gross Income by the Combined Adjusted Income. The result is the father’s share of the Combined Adjusted Gross Income.

(1) Thus: $600 divided by $1,000 = 60%. The father’s share would be 60%. The mother’s share would be 40%. On the Schedule, the Basic Child Support Obligation for Combined Adjusted Gross Income of $1,000 for One Child is $230. To this the judge adds $23 because the child is over twelve (12) years old (approximately 10% in this example). The total Child Support Obligation is $253.

(A) The father’s share is 60% of $253, or $151.80. The mother’s share is 40% of $253, or $101.20. Custody is awarded to the mother.

(B) The Child Support Award is that the father pay the mother $151.80 per month.

(C) The value of the mother’s contribution is $101.20, and she is presumed to spend it directly on the child.

(i) If the non-custodial parent’s income is unknown, a temporary child support award shall be set at $150 per month per child and the Worksheet for Child Support Amount need not be filled out. When both parent’s incomes are known the temporary child support amount will be adjusted accordingly using the procedures described in the Child Support Guidelines.

(j) Visitation. The court may consider the costs of visitation and may allocate such costs between the parents in proportion to their ability to pay.

(k) Abatement. When the non-custodial parent is directly providing for the children’s needs for an extended period of time, such as on a long visit, the court may order a reduction of child support paid to the custodial parent.