Askin v. Ruben
Opinion
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IN THE SUPERIOR COURT OF GUAM GUAM aw AM
SRLYNN ASKIN, Protective Protective Order CaseNo.
Case No. P00095-23
PO0095-23
Petitioner, Petitioner,
DECISION AND ORDER RE
vs. vs. ABILITY ABILITY TO PAY
PAY
BILLY ALEX ALEX RUBEN,
Respondent. Respondent.
this case In this caseinvolving involving a Family
Family Violence Protection Protection Order, Respondent Respondent Billy
Billy A. Ruben
theCourt asks the Court not not to
to impose
imposean
anorder
orderof $500in
of $500 in financial
financial support
support against
against him
him due
dueto
tohis
hisinability
inability
to pay. The TheCourt Courthere
hereEnds
finds that
that his
his unemployment
unemployment status
status does not render him unable to pay the
amount and requires that he amount ordered and he pay pay no
no less than $50 per month.
month.
1. I. PROCEDURAL BACKGROUND & FACTUAL PROCEDURAL BACKGROUND FACTUAL FINDINGS
The Court The Court incorporates incorporates the factual
factual and
and procedural
procedural background
background detailed
detailed in
in its
itsApril
April 24,
2024 Decision and and Order
OrderPartially
Partially Granting
Granting Motion
Motion for Reconsideration.
Reconsideration. That Decision Decision and
Order set this matter matterfor
for an
anevidentiary
evidentiary hearing
hearing regarding
regarding Ruben's
Ruben's ability to pay
pay $500 in
in
financial support as as aa substitute
substitutefor
forfailing
failing to
to return
returncellphones
cellphones as
aspreviously
previously ordered.
ordered.
The evidentiary evidentiary hearing
hearing proceeded
proceeded as
as scheduled on May 22,
22, 2024.
2024. At
At the
the hearing,
hearing, Ruben
Ruben
testified: testified:
1. He
Heisis currently
currently unemployed.
unemployed.
2. His
Hislast
lastemployment
employmentended
endedininFebruary
February 2024,
2024, when
when he resigned from his position position
as aa server
server at
atApplebees.
Applebees. He mademinimum minimum wage
wage and
and earned roughly
roughly $200-300
ORIGINAL URHGENAL
P00095-23 DECISION AND AND ORDER
ORDERRE
REABILITY
ABILITY TO PAY Page2 Page
every two weeks. He
He also
also earned
earned tips of about $20-30 per day day and
and worked
worked four
four
days a week.
Heresigned
3. He resignedfrom
fromApplebees
Applebeesbecause
becausehis
hiscar
carwas
wasstolen
stolen and
and he
he lacked
lacked the
transportation to
to get to
to work.
work. The car was uninsured.
Hepreviously
4. He previouslyworked
workedatathe
theHilton
Hiltonasasaaserver,
server, pool
poolattendant,
attendant, and lifeguard.
Sinceresigning
5. Since resigningfirm
fromApplebees,
Applebees,he
hehas
hassubmitted
submittedone
oneapplication
application with another
employer.
6. Ruben
Rubenalso
alsointends
intends to
to reapply
reapply at
at Applebees.
7. Ruben
Rubenlives
liveswith
withhis
hisparents
parentsand
andcontributes
contributes to
to paying
payingthe
the household
household expenses.
expenses.
Whilehe 8. While heisisunemployed, unemployed,he
heassists
assists his
his mother
mother who
who suffered
suffered aa stroke
stroke in September
2023. Additionally,
Additionally, he
he helps
helps his father
father sell breadfruit.
9. Ruben received a $500
$500 tax
tax refund
refund for 2022, which he used used to
topay
pay off
off his vehicle.
He He has
has not yet
yet submitted
submitted a tax return
return for
for2023
2023.
At the time time of
ofthe
the hearing,
hearing, Ruben
Ruben was in custody due to an outstanding bench bench warrant
warrant in
CM0727-l 7. He CM0727-17. He spent spent two
two weeks
weeks in
in confinement and is now released. CM0727-17 (Release released. CM0727-17
from Confinement 'd'om Confinement (May 29, 2024)).
II. 11. LAW AND ANALYSIS
As the Court ruled in its its April
April24
24 Decision
Decisionand
and Order,
Order, Guam
Guam law allows
allows aa court
court to issue
an order against against aadefendant defendantin
in aafamily
family violence
violence protection
protection order case
casetotoprovide
provide financial
financial
support for for the benefit benefit of
of any
any minor
minor child in
in common
commonwith
with the
theplaintiff.
plaintiff Dec.
Dec.and
and Order
Order at
at 3
(April (April24, 24, 2024).
2024). Such
Suchorder
ordermay
maybe
be made
made on condition
condition that die
the defendant has the
the ability
ability to pay.
Id.; 77 GCA Id.; GCA §§40105(a).
ORIGINAL URHGENAL
P00095-23 DECISION DECISION AND ORDER RE ABILITY TO PAY Page3 Page
respondent's "ability A respondent's "ability to to pay"
pay" under
under this provision
provision has not been addressed by the Guam
Supreme Court. However, Supreme Court. However, the the Court
Court finds
finds that
that in
in the
the context
context of
ofthis
this case,
case, which relates to
to both
family support family support as as well
well as
as restitution,
restitution,the standards for the standards for payment payment orders
orders in
in those
those types
types of
ofcases
cases are
helpful. helpful. According Accordingtotothe
theGuam
GuamSupreme
Supreme Court,
Court, in
indeciding
decidingissues
issues of
ofspousal
spousal support, a court
must consider consider the the economic
economic circumstances
circumstancesof
ofthe
theparties,
parties,including
includingtheir
theirassets,
assets,incomes,
incomes,earning
eating
capacities, needs, and abilities Cruz v. Cruz, abilities to pay. Cruz Cruz, 2022 Guam 7, '1[1]39 (Guam Aug.
39 (Guam Aug. 22, 2022).
Moreover, Moreover, for forrestitution,
restitution,the
thecourt
courtmust
must examine
examine whether the offender offender derived a pecuniary gain
from the offense, as as well of the offender and the nature of well as the financial resources of of the burden
that restitution restitution will will impose.
impose. 99GCA
GCASS 80.52(c),
80.52(c), (d). Finally,
Finally, in
in cases involving
involving child
child support,
the Guam Guam Supreme SupremeCourt
Courtallows
allowscourts
courtstotoconsider
consider"full
"fullearning
eating capacity" ififthe
the parent is
unemployed or or underemployed
underemployed "as
"as aa matter of
of choice
choice and not for reasonable cause."
cause." Richardson
v. Richardson, Richardson, 2010 IO Guam 14 '1['1[
W 27, 27, 28
28 ("Both
("Both parents have a duty duty to
to support their child, and the
mere fact that one parent parent could easily support the child does not not relieve
relieve the other parent of the
duty to earn and and contribute
contribute to
to the costs
costsof
of raising
raising aachild.")
child.")
In In line line with
withthese
these comparable
comparable authorities, the Court finds that Ruben has has the
theability
ability to
pay. Ruben pay, Ruben may be unemployed maybe unemployedatatpresent, present, but
but the
the Court
Court does
does not
not find that to render him him unable
to pay the $500.
$500. The
The Court
Court earlier
earlierfound
foundthat
thatRuben
Rubenretained
retained the
the cell
cell phones;
phones; thus,
thus, he received a
pecuniary gain. Ruben Ruben is
is also
also able-bodied
able-bodied and
and willing
willingtotoresume
resume his
his employment
employment at
at Applebees
or seek new employment.
seek new His unwillingness employment. His unwillingness to to do
do so
so (with
(withthe
the exception
exception of
ofthe
thetime
timehe
he has
has been
committed) may delay his ability to pay but itit does not rule committed) may mle out complying with with the
the requirement.
Should Ruben seek re-employment, re-employment,assuming
assumingthat
thatemployment
employmentisisatattime
the same wage he
previously previously earned, he will earned, he will be able to to pay
pay $50
$50per
permonth
monthuntil
untilthe
thefull
fill $500
$500 is
is paid.
paid. Therefore,
the Court Court orders orders Ruben
Ruben to
to pay
payno
no less
less than
than $50
$50 aa monde.
month.
ORIGINAL UREGHNAL
P00095-23 DECISION AND DECISION AND ORDER
ORDER RE
RE ABILITY
ABILITY TO
TO PAY
PAY Page4 Page
III. 111. CONCLUSION AND ORDER
The Court determines that Ruben's The unemployment does Ruben's unemployment does not not render him unable to pay.
The Court ORDERS him him to
to pay
pay $50 monthly
monthly to Askin
Askin until paid in full.
full. Restitution
Restitution shall be paid
victim through her attorneys on a monthly basis starting within thirty days of to the victim of this Decision
and Order.
Order.
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