Applying for a Family-Based Green Card in the CNMI: Fees, Costs, Time

Family-Based Green Cards in the CNMI
Generally, aliens can be present in the US with either non-immigrant (temporary) status or a green card (permanent resident status). Permanent residency is primarily obtained through a family member or employment. Many aliens in the CNMI have gotten their green card through a sponsoring immediate relative, like a U.S. citizen spouse. This is because the Covenant, despite broadly excluding the CNMI from federal immigration law, has always recognized the CNMI to be a part of the US when considering aliens who are immediate relatives of US citizens living here. With the enactment of Public Law 110-229 on May 8, 2008, the Covenant will be amended to recognize the CNMI as part of the US for all immigration purposes. As mentioned in our previous post, this will have a direct impact on a variety of aliens who do not have federal immigration status, including those with CNMI IR status but who do not have green cards.

This post covers some of the practical issues with applying for a family-based green card. For an overview of the process and eligibility requirements, go to the United States Citizenship and Immigration Services (USCIS) webpage here.

Fees & Costs
USCIS fees associated with a green card application can be quite expensive. In July 2007, the USCIS revised its fee schedule, which resulted in many filing fees doubling and even tripling. USCIS does allow for some fee waivers based on an inability to pay. However, proving an inability to pay might run you the risk of being denied admissibility based on being considered a public charge, which means being dependent on public benefits like Medicaid or food stamps. Being a public charge is one ground for a green card denial.

Besides the USCIS fees, there are at least two substantial costs: the medical exam and the airfare to Guam for the green card interview. An I-693 medical report form needs to be completed by an authorized health care provider. The examination required for this report is different from the check-up for the CNMI work permit. There are at least two authorized health care providers for the I-693 medical exam in the CNMI: Pacific Medical Center and Marianas Medical Center. Both are located in Saipan. Contact the health provider directly to verify the current fee range.

Another cost may be for an attorney if you choose to have one assist you with the process.

The following table breaks down what might come out of your pocket for a green card:

Processing Time
It can take several months or up to a year to process a green card application. You can track general processing times for each USCIS center/office on the USCIS website here. The time it takes depends in large part on the backload of applications at any given USCIS center/office, and whether there are any special issues presented by an applicant’s situation. Before, the average range of time to process a green card was 6-8 months. USCIS is now saying to expect a much longer time frame. This is because of the surge in applications that were submitted last year to avoid the scheduled fee increases.

It usually has taken a month or so to receive the USCIS notice of receipt of the initial application package. If there are no initial problems with the application, USCIS next schedules a green card interview in Guam. This may happen around 2-3 months later. Again, this could take longer now due to an unusually large backload of applications. You and your sponsor will need to attend the interview together. USCIS does not cover the airfare to Guam. After the interview, USCIS may have additional requests for evidence. If an approval is granted, you will receive a notice and your permanent resident card by mail.



Top image entitled “Liberty for immigrants' rights” by philocrites . Middle image entitled “Got this in the mail today” by lacylouwho . Bottom image entitled “Permanent resident card” by nh7a . Top and middle images published under an Attribution NonCommercial Creative Commons license. Bottom image published under an Attribution NonCommercial Share Alike Creative Commons license.

18. Some questions about P.L. 110-229.

There are many unanswered questions about how P.L. 110-229 will affect various people in the CNMI.

Here are some that may apply to MLSC clients:

What will happen to alien spouses?
The CNMI IR card will provide legal status only until its renewal date. The U.S. citizen spouse will likely have to apply for U.S. green card /immediate relative status for the alien spouse.

The fees for these applications are stiff, including costs for health certifications, etc. The U.S. citizen spouse will need to promise to financially support the alien spouse for 10 years or until the alien becomes a U.S. citizen (which first occurs). If the U.S. citizen spouse does not have sufficient income to be a financial guarantor, another additional sponsor for financial support will be needed.


What will happen to an alien spouse getting divorced from her/his U.S. citizen spouse?

The CNMI immigration does not require U.S. citizen spouses to get U.S. green cards for their alien spouses. So alien spouses in the CNMI have not had any way to gain permanent residency when their U.S. citizen spouses did not get them green cards. Sometimes they haven't gotten green cards because the U.S. citizen spouse intentionally wanted to use the lack of permanent status as a means for control over the alien spouse. But sometimes, the married couple just couldn't afford the cost of the green card processing.

So now, in the CNMI, under current CNMI law, divorce means you lose your local "immediate relative" status.

This can be especially difficult for those who have been married for a long time and who have U.S. citizen children. A U.S. citizen spouse in the U.S. will almost always get a green card for his or her alien spouse because the alien spouse needs some legal status to reside in the U.S. In the CNMI, that "legal status" has been the less permanent, no-road-to-citizenship local immediate relative status for alien spouses.

So once the divorce is finalized, an alien spouse here will lose "local IR" status and be deportable. We are seeing spouses, after many years of marriage and children, in the process of divorce at this moment who appear to be unprotected by anything in P.L. 110-229.


What about widows and widowers here who were married to U.S. citizens?

At present, widows and widowers who were married to U.S. citizen spouses have been granted by the Commonwealth Superior Court recognition that they have a right to remain in the CNMI, that the death of the U.S. spouse does not extinguish their "immediate relative" status under CNMI law. The CNMI Supreme Court has never ruled on the issue.

So on June 1, 2009, when U.S. immigration takes over, these widows and widowers will probably be considered legal, but their CNMI legal status will be extinguished on the transition date, and they will have no corresponding legal status under U.S. law. There is no clear category that they'll fit into under the new U.S. immigration system.

If they had been living in the U.S. during their marriage, the U.S. citizen-spouse would likely have applied for a green card for the alien spouse, as a means of providing legal residence in the U.S. And upon the U.S. citizen-spouse's death, the alien might have been entitled to continued permanent residence and eventual citizenship. Widows and widowers here were locked out of that protection by the CNMI IR status that did not provide for permanency. The Superior court decision tried to provide for what was lacking in the CNMI IR set-up, but there is nothing in the new federal law to address the issue.


What will happen to those with CNMI Permanent Residency?

In the late 1970's and early 1980's, the CNMI had a "permanent residency" law that allowed aliens to become permanent residents of the CNMI. Something like 200+ permits were issued under this law. When the law was repealed, these "permanent residents" retained their status.

On June 1, 2009, when U.S. immigration takes over, these "CNMI permanent residents" will be legal. It is unclear whether their status is extinguished by the U.S. law, or whether they are entitled to some more due process. At the very most, their situation will be problematic and they will have uncertain protection under U.S. law, and no clear category that they'll fit into under the new immigration system.


What protection will U.S. citizen minor children have for their alien parents?
Right now these U.S. citizen children are in jeopardy. They have a right to be here in the CNMI. But their parents don't, unless the parents have separate status. As the economy continues to plummet downward, these parents are not only losing the economic security of having a job, but with job loss these parents face deportation as no longer having a legal status. It's the kids who will suffer. They will either be left here with others to care for them--breaking up the family, or they'll move with their parents back to the parents' home country--suffering disruption and other problems.

Under U.S. law, which will apply as of June 1, 2009, they may be able, in some special hardship cases, to have the U.S. withhold deportation of their parents. This may be most helpful to children who are disabled and handicapped. [See, INA sec. 240 (A)(b)(1)(D)] In the meantime, there seems little protection under current CNMI law.

Note, once children reach the age of 21, they can petition their alien parents in for immediate relative/green card status, even now.


What protection will be given to alien workers who have lived and worked a long time in the CNMI?
We have a lot of aliens who have lived in the CNMI for five, ten, twenty, and more years. For those who have decades of employment behind them, but now find themselves without jobs in our dwindling economy, they're just missing the boat by a fraction of an inch. It seems unfair. If anyone should get status, it should be those who have worked and contributed to the CNMI for the longest time period, even if they've lost their most recent job in the economy.

Nothing in P.L. 110-229 addresses this concern immediately. It does provide for study of the possibility of providing permanent legal status to some.


What will happen to alien spouses of citizens from the Freely Associate States-FSM, Palau, Republic of the Marshall Islands?
Years ago, Judge Munson ruled in a case filed by V.K. Sawhney that the CNMI couldn't just start re-classifying these alien spouses as "aliens" when they are married to people who were former TT citizens with a full right to live here (especially for those who had legal status as spouses when the Covenant went into effect). So the CNMI continued to give them IR status.

Now they will face the same challenge as we transition from CNMI immigration to U.S. immigration, only against U.S. law.. They have marriages, children, lives in the CNMI. But they're married to FAS citizens who have the right to live here by virtue of the Compact of Free Association, but no known legal means for providing status to alien spouses.



Other gaps from the transition? Solutions?
From this short list of potential problems, it appears that we need additional U.S. laws to protect these vulnerable people from falling between the cracks of the two systems-the out-going CNMI immigration system, and the in-coming U.S. immigration system. We also need some sympathetic local action that does not push people out to create slots for others, but tries to help as many aliens currently in the CNMI as possible.

Undoubtedly there are other aliens with tricky situations. If you have a specific problem, feel free to post about it in the comments section. It may be useful to those who are working on these issues.

S. 2739. ISLA, n/k/a P.L. 110-229

ISLA—Immigration, Security, and Labor Act (originally H.R. 3079, included as Title VII in S. 2739) Passed the Senate on 4/10/2008; Passed the House on 4/29/2008; Signed by President Bush on 5/8/2008.

some key phrases in the intent section:
“effective border control”
“extending” U.S. immigration laws to the CNMI
“the orderly phasing-out of the nonresident contract worker program”
“the orderly phasing-in of Federal responsibilities...”
“providing a mechanism for continuous use of alien workers, to the extent those workers continue to be necessary to supplement the Commonwealth’s resident workforce”
“to protect those workers from the potential for abuse and exploitation.”


effective date: 1st day of the 1st full month commencing one year after enacted.
Thus, if this bill is signed promptly by President Bush (in May 2008), the effective date would be JUNE 1, 2009.

what happens? This law amends P.L. 94-241 (the Covenant), which had previously exempted the CNMI from the scope of U.S. immigration law, and allowed the CNMI to control its own immigration..

U.S. immigration laws, as defined in 8 U.S.C. § 1101 (a)(17)[1] go into effect in the CNMI on the start date of the transition period and subject to some exceptions/limitations:
(1) there will be a transition period where U.S. immigration laws apply, allowing entry of aliens under U.S. immigration categories, and operating in tandem with a program operated by U.S. immigration authorities that permits alien workers in the CNMI similar to the current CNMI immigration program under a special CNMI-only/special H Visa program.
(2) only the CNMI asylum/non-refoulement program will be in operation during the transition period; U.S. asylum / non-refoulement is not in operation in the CNMI during the transition period.

On the transition program effective date, all CNMI laws, provisions, and programs relating to the admission of aliens and their removal are superseded and replaced by U.S. law.

when is the transition period? start date[2] likely 6/1/2009 to end date 12/31/2013[3].

who’s in charge of immigration? The Secretary of Homeland Security, in consultation with the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Interior.

what happens now--in the pre-transition period? The federal agencies promulgate regulations to deal with the transition. Regarding the tourist visa-waiver program, the regulations must be promulgated within 180 days after enactment of ISLA.

The CNMI may not increase the number of aliens present in the CNMI after the date ISLA is enacted

delays? Possible. If there will be a delay, notice of delay must be published 30 days in advance of start date (i.e. 5/1/2009). The Secretary of Homeland Security (after consulting with the Secretary of State, Attorney General, Secretary of Labor, Secretary of Interior AND the CNMI Governor) may, in his sole discretion, delay the effective date of the transition program for a period up to 180 days. SO START COULD BE AS LATE AS 1/1/2010.

End of transition period can also be delayed as to the section d--CNMI-only/special H Visa program. See reports section, infra.

what happens to the aliens here under CNMI immigration laws? For any alien lawfully present on the start date of the transition period, that alien may not be deported until his CNMI entry permit expires or 2 years elapse, whichever FIRST occurs.

what about entry by aliens during the transition period?
1) Anyone eligible under any U.S. immigration law (including all of the H Visa categories, investor categories, etc.), may enter the CNMI as they would the U.S.

2) Workers under 8 U.S.C. § 1101 (1)(15)(H), without restriction of numerical quota limit. (H Visa)

3) Workers under special provision ISLA sec. 6d, in a CNMI-only/special H Visa[4] system where Secretary of Homeland Security allocates and determines numbers, terms, conditions to employers, and reduces yearly number allowed, eventually down to zero by 12/31/2013.[5] (sec. d CNMI only/special H Visa). Spouses and minor children admissible, too, under this special program.

investors?
1) Long-term investors on the start date under the current CNMI law may obtain “CNMI-only nonimmigrant investor” status under 8 U.S.C. §101(a)(15), provided they maintain the investment that formed the basis of their status.

tourists? The Secretary of Homeland Security may institute a visa waiver program for 45 day visits for business or pleasure, after consultation with Secretary of Interior, Secretary of State, Guam Governor and CNMI Governor. Tourists must sign certain waiver of rights.

asylum seekers? The CNMI asylum/non-refoulement program continues in effect. Aliens may not seek asylum under U.S. law until 1/1/2014.

alien spouses of FSM/Palau/RepMar citizens? There is no special provision for these persons. They will likely be considered as aliens with legal status until their permits expire or two years elapse, under the general provision about aliens in the CNMI.

what about transfers? There is a special provision that aliens who are admitted to the CNMI under section d (CNMI-only/special H Visas) may transfer between employers during the period of their lawful stay, without permission of the current or prior employer, but within authorized categories for CNMI-special H Visas.

what are the new fees for entry? whatever is usually charged for immigration matters, PLUS
1. $150 per non-immigrant worker; paid by §d (CNMI only/CNMI special H Visa program) employer during transition period. This money is remitted to the CNMI for vocational training and education.

what about permanent residency? For those aliens who have green cards (U.S. permanent residency) already, the CNMI is specifically deemed to be part of the U.S. and presence in the CNMI is “considered to be presence in the United States.”

For those aliens who have CNMI permanent residency (under laws that were eventually repealed in the 1980's), there is no clear answer in this new law about ability to adjust status or what status will be recognized.

For those who do not have permanent residency yet, but wish to apply, no grant of status is provided for in this law; however see “reports.”

what about removal/deportation? The Secretary of Homeland Security is the authority for issuing exclusion, deportation, and removal orders, starting on the transition date. He applies whatever U.S. or CNMI law is appropriate to the case.

what happens to employees of CNMI immigration? There is no specific provision for them. The CNMI immigration department will cease to exist when the transition period starts. TSA and other homeland security departments will take-over immigration operations, and will need qualified personnel.

future reports:

1) Secretary of Homeland Security, (consultation with Secretary of Interior and other departments) to Senate Committee on Energy and Natural Resources, Senate Committee on Homeland Security and Governmental Affairs, the Senate Committee on the Judiciary, and House Committee on Natural Resources, House Committee on Homeland Security, and House Committee on Judiciary by 12/1/2008. Report is about current and planned levels of TSA, Customs & Border Protection, Immigration & Customs Enforcement, USCIS, and Coast Guard personnel and resources necessary for fulfilling mission requirements in Guam and CNMI comparable to level provided at other similar ports of entry. Consider military build-up and anticipated growth in tourism.

2) Permissive/not required: annual report from CNMI Governor to President on implementation, with recommendations.

3) Secretary of Interior, in consultation with the Secretary of Homeland Security and the CNMI Governor, to Congress, by 5/2010, on the number of aliens residing in the CNMI, their legal status, the number of years each has been in the CNMI, prediction of need by CNMI economy for future alien workforce, and recommendation about long-term status of workers.

4) GAO to Congress by 6/2010, assessing performance of federal agencies and CNMI Government in meeting congressional intent, short-term & long-term impacts of implementation on economy; and economic benefit of investors grandfathered in; and assessment of number of illegal aliens in CNMI.

5) President to Senate Committee on Energy and Natural Resources, Committee on the Judiciary of the Senate, and House Committee on Natural Resources, and House Committee on Judiciary by 3/1/2011, and every 3/1/ thereafter. Evaluating overall effect of transition program.

6) Secretary of Homeland Security to Senate Committee on Energy and Natural Resources, Committee on the Judiciary of the Senate, and House Committee on Natural Resources, and House Committee on Judiciary, by end of 3 years after start date (6/2012), on projected number of asylum claims

7) Secretary of Labor, after consultation with Secretary of Homeland Security, Secretary of Interior and Governor of CNMI, on current and anticipated labor needs in the CNMI, and shall publish notice in Federal Register, 180 days before end of transition period (6/30/2013), if determines need for CNMI-only/special H Visa workers warrants extension of transition period. Delay of end of transition for this special workers-entry program only—5 years at a time.

8) Permissive, not required. Secretary of Homeland Security (after consultation with Secretary of State and Secretary of Interior) to Senate Committee on Energy and Natural Resources, Senate Committee on Judiciary, House Committee on Natural Resources, and House Committee on Judiciary, about feasibility of creating additional Guam or CNMI-only visa categories.(non-immigrant statuses for investors, students, and retirees, but not for employment) [any time].


Footnotes:
[1] 8 USC §1101 (a)(17) The term "immigration laws" includes this Act and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, deportation, expulsion, or removal of aliens.
[2] But see “delays” infra.
[3] But see “delays” and “reports” infra.
[4] Note that this special type of entry permit is not given a name in the ISLA; I call it a CNMI-only/special H Visa because of its characteristics. It will be up to regulations to give it an actual name.
[5] But see “delays” and “reports”.

TWA's and Tax Season

Many foreign workers in the CNMI are concerned about preserving some legal status during the transition from CNMI-controlled immigration to the federalized, U.S. immigration system. No one is exactly sure how long the implementation of the U.S. immigration will take, but the plan does have delays built into it, and it takes time to write and adopt regulations.

In the meantime, more and more foreign workers are facing loss of status.

2007 Unity March, photo by W. L. Doromal

The following information is my understanding based on a conversation with private attorney Alexis Fallon. As noted in our sidebar, nothing in this column is intended to be legal advice. With that said, this might be worth checking out for those foreign workers who have lost or face losing their legal status before the full benefits of U.S. immigration are realized.

1. TWA's, that is temporary work authorizations, are available to those who have legitimate pending legal cases. A manufactured claim isn't going to work.

But you may already be part of one of two on-going class actions, and thus eligible for a TWA, even if you have already lost employment or other basis for legal status. Both legal cases relate to taxes, the bane of most workers. This time, the tax system, and its problems, may help and give you foreign workers a right to a TWA.

2. Basically, in the CNMI we have chapter 2 tax (which is a local tax) and chapter 7 tax (which is our federal tax). We get rebates on chapter 2.

Did you earn more than $5,800 in any year from about 2002 on? If the answer is yes, did you file a tax return? If yes, you should have gotten some rebate, even a small one. Did the CNMI pay it to you on time. If the answer to this last question is no (either you didn't get it, or you didn't get it on time), you are part of one of the class action cases pending in court right now. You may be eligible for a TWA.

3. In the CNMI, permanent residents and U.S. citizens pay FICA, which is tax for Social Security and Medicare. Foreign workers generally are exempt from FICA.

Did you have FICA (sometimes noted as social security or medicare) deducted from your check? If you did, you are part of a different class action case pending in court right now. You may be eligible for a TWA.

How do you claim the benefit of being part of these class actions? One way (not necessarily the only way) is to contact the attorney, Alexis Fallon, who is handling them. Even if you are part of the class, she charges $150 to help get the TWA.

The benefit of having a legal status as the CNMI transitions from local control to federal immigration is that you have a better chance of securing some long-term U.S. benefit (like residency). Right now, there are no guarantees and no permanent residency built into the law. But there is a requirement for a study during the transition. And hope.

As always, if you have questions about anything you read on this blog, or have legal issues of your own, consult an attorney.

On the importance of taking time to reflect

MLSC Marianas Office had its annual "burn out" day at Managaha on Friday 4/4/2008. This is a time when we, as an office, have a picnic for an entire work day. It isn't all fun and games; we actually work.
We start with our general weekly staff meeting.
We review every new application for assistance (intake) and gauge whether the applicant is qualified for our services (meets income and asset eligibility criteria) and determine whether the case fits within our priorities. Our first priority is to the clients on cases we have already accepted. Sometimes this means that we cannot take a new case on, no matter how eligible and meritorious the case. And for those cases we do accept, we assign to one of the case handlers in the office.
Then we get to the real reason for our retreat. We take turns expressing our opinons about what we've done right during the past year, what problems we've encountered, what we want to do or do better on during the coming year, and how we're going to tackle these goals.
And then we barbecue, eat, swim, walk around the island, chat, relax.
There's something very rejuvenating about these retreats. The hectic day-in, day-out pace of work gets put into perspective. We can enjoy each other's company without the pressure of jobs that need urgent attention. We can see what our work means and how we can help our community by doing it.

A few photos:


The blue lagoon (from the boat).


Managaha-still beautiful.





Our newest staff: secretary Juanette Sablan


Frank Rogopes (1984 to present)


Omar Calimbas (2006-present)


Lolita Nazaire (2006-present)


Ed Peterson with wife Nenita (2007-present)



The whole gang-almost. (I've cropped myself out of the photo for aesthetic reasons! Maria P. Muna is off-island so missed the Managaha trip.)


In the shade of the pala-pala.


On the tour boat back to Saipan.

Help for Alien Victims of Crime

There has been a lot of discussion in the newspapers lately about victims of trafficking. Father Bilotti has written informative columns in the North Star to help describe these victims, distinguish them from victims of domestic violence, and promote their rights and entitlements to help through legal means.

But there are other victims of crime in the CNMI who may also have rights that they don't know about. In particular, when aliens are victims of certain serious crimes, they may have the right to get a "U Visa," which authorizes them to live in the U.S., and get an employment authorization to work there. U Visa holders may stay in the CNMI with the U Visa, or they may choose to relocate to Guam, Hawaii or the U.S. mainland. They may renew their U Visas on an annual basis, and eventually may qualify for U.S. citizenship.



In order to get a U Visa, a victim must have suffered from a serious crime on this list:

rape,
torture,
trafficking,
incest,
domestic violence,
sexual assault,
abusive sexual contact,
prostitution,
sexual exploitation,
female genital mutilitation,
being held hostage, peonage,
involuntary servitude,
slave trade,
abduction,
unlawful criminal restraint,
false imprisonment,
blackmail,
extortion,
manslaughter,
murder,
felonious assault,
witness tampering,
obstruction of justice,
perjury,
or attempt, conspiracy or solicitation to commit any of the above.

The victim must have suffered substantial physical, emotional or psychological abuse as a result of the crime.

The victim must possess information about the crime and be willing to help or have helped the government in its criminal investigation or prosecution.

The government (CNMI or U.S.) must certify that the victim was or is helpful.

And the crime must have violated some U.S. law, occuring in the U.S. (including the CNMI).

MLSC has already helped some aliens apply for U Visas. The process can take time.

Information about petitions for U Nonimmigrant status can be found on-line here.

If you've been a victim of a serious crime in the CNMI, or know someone who has, and you are not a U.S. citizen, you may want to consider whether you qualify for a U Visa. This is an important remedy that offers significant potential benefits to any non-U.S. citizen victim. Because of the complexity of the forms and the importance of the various procedures, I would recommend any victim who thinks they may qualify for a U Visa to seek legal help.

Child Support in the CNMI

Parents who don’t receive child support struggle to meet their children’s basic needs. Parents may not always be able to pay the full amount of their child support. The economic downturn in the CNMI in the past few years has magnified these issues. Knowing your legal rights and obligations in these situations helps ensure that children receive the support to which they are entitled.

When does a parent legally owe child support?

When does a court get involved with child support?

Do I have to pay child support even if none has been ordered by a court?

How long must parents support their children?

Is there a formula I can use to calculate my child support payments?

The parent who owes child support is refusing to pay. What can I do?

Does the CNMI government help with enforcing child support orders?

I lost my job and can’t keep up with my payments. Can I ask the court to cancel the support order?




When does a parent legally owe child support?

Parents are always legally obligated to provide for their children, even if the parents are unmarried. When parents separate, the parent who is not living with the child will legally owe a regular payment to support the child. That parent also must make sure that the child has health insurance.     back to top

When does a court get involved with child support?

Child support will always be determined by a court in a divorce action involving minor children. For unmarried parents, one of the parents will need to start a court action on custody and support.     back to top

Do I have to pay child support even if none has been ordered by a court?

Yes. The legal duty to pay support does not depend on a court order. If parents have separated a long time before there is a divorce decree or custody court order, a court may decide how much child support was owed in the past.     back to top

How long must parents support their children?

Parents must provide support until the child is no longer a minor, which means when the child reaches 18 years of age. Some exceptions include the following:

• If the child is unmarried, a full-time high school student, and is still living with and dependent on one of the parents. In that case, support may finish when the child reaches 21 years of age.

• When a birth parent’s rights and responsibilities are terminated by a court (such as when a child is adopted).

• If a court has declared the child to be emancipated, child support may end before the child turns 18. Emancipation can occur when a minor is responsible enough to be free from parental control and is already self-supporting.     back to top

Is there a formula I can use to calculate my child support payments?

No. All the U.S. states have numerical guidelines for calculating child support. Efforts to establish similar guidelines began here in the early 1990s under former Presiding Judge Edward Manibusan. Throughout the years, under succeeding judges, committees were set up, research was conducted, and at least two sets of regulations were drafted. However, no numerical guidelines have yet to be finalized and made enforceable in the CNMI. Thus, the courts are left with figuring out child support amounts based on various circumstances. Some of these factors include the following:

• The needs of the child — including health insurance, educational needs, day care and special needs;

• The needs of the custodial parent; and

• The paying parent’s ability to pay.     back to top

The parent who owes child support is refusing to pay. What can I do?

A parent who is working but not paying child support can have his or her paychecks garnished. A garnishment is where an employer is legally required to withhold some of the money from a person’s paycheck. The employer would then send the withheld funds to the parent who should be receiving the child support. You will need to request a garnishment order from the court. There are several rules regarding garnishment for child support, so you should have an attorney assist you.

Another way to enforce a child support order is by requesting that the court hold the parent who is refusing to pay in contempt of court. To be in contempt of court generally means that a person is willfully disobeying a court order. If the court finds the parent in contempt, the court may impose a jail term to force the parent to comply with the order. A court uses this power as a last resort. Practically speaking, the court would rather keep the parent out of jail where there is a chance of earning the money to continue the support payments.     back to top

Does the CNMI government help with enforcing child support orders?

Public Law 14-34 was enacted in October 2004 to establish a comprehensive system for the enforcement of child support. The act creates a government agency to administer its provisions. However, as of now, there is no operational agency, and no regulations have been issued. Thus, the parent is primarily responsible for making sure the other parent complies with the child support obligation by taking matters to court.

There is one instance where the CNMI government assists in making sure a parent pays child support. If one of the parents lives anywhere else in the US (or its territories), the Marshall Islands, Palau, or the Federated States of Micronesia, the CNMI Office of the Attorney General can get involved. The CNMI, along with the rest of the US, enacted its own version of the Uniform Reciprocal Enforcement of Support Act, which provides a procedure for the enforcement of child support obligations between persons residing in separate states. Under that law, the Attorney General has various duties to assist in ensuring that off-island parents who owe child support are located and make their payments. The Attorney General can also get involved to enforce support obligations when the parent who owes is here and the other parent is off-island.     back to top

I lost my job and can’t keep up with my payments. Can I ask the court to cancel the support order?

You will still have a child support obligation, even if you have no income. You and the other parent may agree to modify the child support terms, but this still needs to be approved by a judge to be legally enforceable.

If you and the other parent cannot agree on the change in support, you will need to request the court to hold a hearing to make the decision for the both of you. As a general rule, the court will not order a decrease or increase in child support payments unless there has been a significant change in circumstances. Some examples of a significant change include job loss or a large salary increase.     back to top

All images derived from “Kids on the Beach” by moriza , “Latte Stones of Guam" by Drew Vigal , “Dave & the kids playing Carabu Cart” by leevin3 ” and “Saipan Sunset” by Lefty007 and are published under an Attribution NonCommercial Creative Commons license .