HF 2186

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to child support; modifying requirements for six-month review;
providing income information and enforcement remedies; amending Minnesota
Statutes 2006, sections 518.1781; 518A.28; 518A.60; 518A.65; 518A.66;
518A.68; 518A.69; 518A.74, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 518.1781, is amended to read:

518.1781 SIX-MONTH REVIEW.

(a) A request for a six-month review hearing form must be attached to a decree
of dissolution or legal separation or an order that deleted text begin initially deleted text end establishes new text begin or modifies new text end child
custody, parenting time, or support rights and obligations of parents. The state court
administrator is requested to prepare the request for review hearing form. The form must
include information regarding the procedures for requesting a hearing, the purpose of the
hearing, and any other information regarding a hearing under this section that the state
court administrator deems necessary.

(b) The six-month review hearing shall be held if any party submits a written request
for a hearing within six months after entry of a decree of dissolution or legal separation or
new text begin an new text end order that establishes new text begin or modifies new text end child custody, parenting time, or support.

(c) Upon receipt of a completed request for hearing form, the court administrator
shall provide notice of the hearing to all other parties and the public authority. The court
administrator shall schedule the six-month review hearing as soon as practicable following
the receipt of the hearing request form.

(d) At the six-month hearing, the court must review:

(1) whether child support is current; and

(2) whether both parties are complying with the parenting time provisions of the
order.

(e) At the six-month hearing, the obligor has the burden to present evidence to
establish that child support payments are current. A party may request that the public
authority provide information to the parties and court regarding child support payments. A
party must request the information from the public authority at least 14 days before the
hearing. The commissioner of human services must develop a form to be used by the
public authority to submit child support payment information to the parties and court.

(f) Contempt of court and all statutory remedies for child support and parenting time
enforcement may be imposed by the court at the six-month hearing for noncompliance by
either party pursuant to this chapter, chapters 518A and 588, and the Minnesota Court
Rules.

(g) A request for a six-month review hearing form must be attached to a decree or
order signed on or after January 1, 2007, that initially establishes new text begin or modifies new text end child support
rights and obligations.

Sec. 2.

Minnesota Statutes 2006, section 518A.28, is amended to read:

518A.28 PROVIDING INCOME INFORMATION.

(a) In any case where the parties have joint children for which a child support
order must be determined, the parties shall serve and file with their initial pleadings
or motion documents, a financial affidavit, disclosing all sources of gross income for
purposes of section 518A.29. The financial affidavit shall include relevant supporting
documentation necessary to calculate the parental income for child support under section
518A.26, subdivision 15, including, but not limited to, pay stubs for the most recent three
months, employer statements, or statements of receipts and expenses if self-employed.
Documentation of earnings and income also include relevant copies of each parent's
most recent federal tax returns, including W-2 forms, 1099 forms, unemployment benefit
statements, workers' compensation statements, and all other documents evidencing
earnings or income as received that provide verification for the financial affidavit. The
commissioner of human services shall prepare a financial affidavit form that must be used
by the parties for disclosing information under this section.

(b) In addition to the requirements of paragraph (a), deleted text begin at any time deleted text end new text begin each year new text end after an
action seeking child support has been commenced or when a child support order is in
effect, deleted text begin a party or deleted text end new text begin the parties must provide new text end the public authority deleted text begin may require the other party
to give them deleted text end new text begin with new text end a copy of the party's most recent federal tax returns that were filed with
the Internal Revenue Service. The deleted text begin party deleted text end new text begin parties new text end shall provide a copy of the tax returns
deleted text begin within 30 days of receipt of the request unless the request is not made in good faith deleted text end new text begin no
later than April 1 each year new text end . deleted text begin A request under this paragraph may not be made more than
once every two years, in the absence of good cause.
deleted text end

(c) If a parent under the jurisdiction of the court does not serve and file the financial
affidavit with the parent's initial pleading or motion documents, the court shall set income
for that parent based on credible evidence before the court or in accordance with section
518A.32. Credible evidence may include documentation of current or recent income,
testimony of the other parent concerning recent earnings and income levels, and the
parent's wage reports filed with the Minnesota Department of Employment and Economic
Development under section 268.044. The court may consider credible evidence from one
party that the financial affidavit submitted by the other party is false or inaccurate.

(d) If the court determines that a party does not have access to documents that are
required to be disclosed under this section, the court may consider the testimony of that
party as credible evidence of that party's income.

Sec. 3.

Minnesota Statutes 2006, section 518A.60, is amended to read:

518A.60 COLLECTION; ARREARS ONLY.

(a) Remedies available for the collection and enforcement of support in this chapter
and chapters 256, 257, 518, and 518C also apply to cases in which the child or children
for whom support is owed are emancipated and the obligor owes past support or has an
accumulated arrearage as of the date of the youngest child's emancipation. Child support
arrearages under this section include arrearages for child support, medical support, child
care, pregnancy and birth expenses, and unreimbursed medical expenses as defined in
section 518A.41, subdivision 1, paragraph (h).

(b) This section applies retroactively to any support arrearage that accrued on or
before June 3, 1997, and to all arrearages accruing after June 3, 1997.

(c) Past support or pregnancy and confinement expenses ordered for which the
obligor has specific court ordered terms for repayment may deleted text begin not deleted text end be enforced using
drivers' and occupational or professional license suspension, credit bureau reporting, and
additional income withholding under section 518A.53, subdivision 10, paragraph (a) deleted text begin ,
unless the obligor fails to comply with the terms of the court order for repayment deleted text end .

(d) If an arrearage exists at the time a support order would otherwise terminate
and section 518A.53, subdivision 10, paragraph (c), does not apply to this section, the
arrearage shall be repaid in an amount equal to the current support order until all arrears
have been paid in full, absent a court order to the contrary.

(e) If an arrearage exists according to a support order which fails to establish a
monthly support obligation in a specific dollar amount, the public authority, if it provides
child support services, or the obligee, may establish a payment agreement which shall
equal what the obligor would pay for current support after application of section 518A.34,
plus an additional 20 percent of the current support obligation, until all arrears have been
paid in full. If the obligor fails to enter into or comply with a payment agreement, the
public authority, if it provides child support services, or the obligee, may move the district
court or child support magistrate, if section 484.702 applies, for an order establishing
repayment terms.

Sec. 4.

Minnesota Statutes 2006, section 518A.65, is amended to read:

518A.65 DRIVER'S LICENSE SUSPENSION.

(a) Upon motion of an obligee, which has been properly served on the obligor and
upon which there has been an opportunity for hearing, if a court finds that the obligor has
been or may be issued a driver's license by the commissioner of public safety and the
obligor is in arrears in court-ordered child support or maintenance payments, or both, in
an amount equal to or greater than three times the obligor's total monthly support and
maintenance payments deleted text begin and deleted text end new text begin or new text end is not in compliance with a written payment agreement
pursuant to section 518A.69 that is approved by the court, a child support magistrate, or
the public authority, the court shall order the commissioner of public safety to suspend the
obligor's driver's license. The court's order must be stayed for 90 days in order to allow the
obligor to execute a written payment agreement pursuant to section 518A.69. The payment
agreement must be approved by either the court or the public authority responsible for
child support enforcement. If the obligor has not executed or is not in compliance with
a written payment agreement pursuant to section 518A.69 after the 90 days expires, the
court's order becomes effective and the commissioner of public safety shall suspend
the obligor's driver's license. The remedy under this section is in addition to any other
enforcement remedy available to the court. deleted text begin An obligee may not bring a motion under this
paragraph within 12 months of a denial of a previous motion under this paragraph. deleted text end

(b) If a public authority responsible for child support enforcement determines that
the obligor has been or may be issued a driver's license by the commissioner of public
safety and the obligor is in arrears in court-ordered child support or maintenance payments
or both in an amount equal to or greater than three times the obligor's total monthly support
and maintenance payments deleted text begin and deleted text end new text begin or new text end not in compliance with a written payment agreement
pursuant to section 518A.69 that is approved by the court, a child support magistrate, or
the public authority, the public authority shall direct the commissioner of public safety to
suspend the obligor's driver's license. The remedy under this section is in addition to any
other enforcement remedy available to the public authority.

(c) At least 90 days prior to notifying the commissioner of public safety according
to paragraph (b), the public authority must mail a written notice to the obligor at the
obligor's last known address, that it intends to seek suspension of the obligor's driver's
license and that the obligor must request a hearing within 30 days in order to contest the
suspension. If the obligor makes a written request for a hearing within 30 days of the date
of the notice, a court hearing must be held. Notwithstanding any law to the contrary, the
obligor must be served with 14 days' notice in writing specifying the time and place of the
hearing and the allegations against the obligor. The notice must include information that
apprises the obligor of the requirement to develop a written payment agreement that is
approved by a court, a child support magistrate, or the public authority responsible for
child support enforcement regarding child support, maintenance, and any arrearages in
order to avoid license suspension. The notice may be served personally or by mail. If
the public authority does not receive a request for a hearing within 30 days of the date
of the notice, and the obligor does not execute a written payment agreement pursuant to
section 518A.69 that is approved by the public authority within 90 days of the date of the
notice, the public authority shall direct the commissioner of public safety to suspend the
obligor's driver's license under paragraph (b).

(d) At a hearing requested by the obligor under paragraph (c), and on finding that
the obligor is in arrears in court-ordered child support or maintenance payments or both
in an amount equal to or greater than three times the obligor's total monthly support
and maintenance payments, the district court or child support magistrate shall order the
commissioner of public safety to suspend the obligor's driver's license or operating
privileges unless the court or child support magistrate determines that the obligor has
executed and is in compliance with a written payment agreement pursuant to section
518A.69 that is approved by the court, a child support magistrate, or the public authority.

(e) An obligor whose driver's license or operating privileges are suspended may:

(1) provide proof to the public authority responsible for child support enforcement
that the obligor is in compliance with all written payment agreements pursuant to section
518A.69;

(2) bring a motion for reinstatement of the driver's license. At the hearing, if the
court or child support magistrate orders reinstatement of the driver's license, the court or
child support magistrate must establish a written payment agreement pursuant to section
518A.69; or

(3) seek a limited license under section 171.30. A limited license issued to an obligor
under section 171.30 expires 90 days after the date it is issued.

Within 15 days of the receipt of that proof or a court order, the public authority shall
inform the commissioner of public safety that the obligor's driver's license or operating
privileges should no longer be suspended.

(f) On January 15, 1997, and every two years after that, the commissioner of human
services shall submit a report to the legislature that identifies the following information
relevant to the implementation of this section:

(1) the number of child support obligors notified of an intent to suspend a driver's
license;

(2) the amount collected in payments from the child support obligors notified of an
intent to suspend a driver's license;

(3) the number of cases paid in full and payment agreements executed in response
to notification of an intent to suspend a driver's license;

(4) the number of cases in which there has been notification and no payments or
payment agreements;

(5) the number of driver's licenses suspended;

(6) the cost of implementation and operation of the requirements of this section; and

(7) the number of limited licenses issued and number of cases in which payment
agreements are executed and cases are paid in full following issuance of a limited license.

(g) In addition to the criteria established under this section for the suspension of an
obligor's driver's license, a court, a child support magistrate, or the public authority may
direct the commissioner of public safety to suspend the license of a party who has failed,
after receiving notice, to comply with a subpoena relating to a paternity or child support
proceeding. Notice to an obligor of intent to suspend must be served by first class mail at
the obligor's last known address. The notice must inform the obligor of the right to request
a hearing. If the obligor makes a written request within ten days of the date of the hearing,
a hearing must be held. At the hearing, the only issues to be considered are mistake of fact
and whether the obligor received the subpoena.

(h) The license of an obligor who fails to remain in compliance with an approved
written payment agreement deleted text begin may deleted text end new text begin must new text end be suspended. Prior to suspending a license for
noncompliance with an approved written payment agreement, the public authority must
mail to the obligor's last known address a written notice that (1) the public authority
intends to seek suspension of the obligor's driver's license under this paragraph, and (2)
the obligor must request a hearing, within 30 days of the date of the notice, to contest the
suspension. If, within 30 days of the date of the notice, the public authority does not
receive a written request for a hearing and the obligor does not comply with an approved
written payment agreement, the public authority must direct the Department of Public
Safety to suspend the obligor's license under paragraph (b). If the obligor makes a written
request for a hearing within 30 days of the date of the notice, a court hearing must be held.
Notwithstanding any law to the contrary, the obligor must be served with 14 days' notice in
writing specifying the time and place of the hearing and the allegations against the obligor.
The notice may be served personally or by mail at the obligor's last known address. If
the obligor appears at the hearing and the court determines that the obligor has failed to
comply with an approved written payment agreement, the court or public authority shall
notify the Department of Public Safety to suspend the obligor's license under paragraph
(b). If the obligor fails to appear at the hearing, the court or public authority must notify
the Department of Public Safety to suspend the obligor's license under paragraph (b).

Sec. 5.

Minnesota Statutes 2006, section 518A.66, is amended to read:

518A.66 OCCUPATIONAL LICENSE SUSPENSION.

(a) Upon motion of an obligee, if the court finds that the obligor is or may be
licensed by a licensing board listed in section 214.01 or other state, county, or municipal
agency or board that issues an occupational license and the obligor is in arrears in
court-ordered child support or maintenance payments or both in an amount equal to or
greater than three times the obligor's total monthly support and maintenance payments
deleted text begin and deleted text end new text begin or new text end is not in compliance with a written payment agreement pursuant to section 518A.69
that is approved by the court, a child support magistrate, or the public authority, the court
shall direct the licensing board or other licensing agency to suspend the license under
section 214.101. The court's order must be stayed for 90 days in order to allow the obligor
to execute a written payment agreement pursuant to section 518A.69. The payment
agreement must be approved by either the court or the public authority responsible for
child support enforcement. If the obligor has not executed or is not in compliance with
a written payment agreement pursuant to section 518A.69 after the 90 days expires, the
court's order becomes effective. If the obligor is a licensed attorney, the court shall report
the matter to the Lawyers Professional Responsibility Board for appropriate action in
accordance with the Rules of Professional Conduct. The remedy under this section is in
addition to any other enforcement remedy available to the court.

(b) If a public authority responsible for child support enforcement finds that the
obligor is or may be licensed by a licensing board listed in section 214.01 or other
state, county, or municipal agency or board that issues an occupational license and the
obligor is in arrears in court-ordered child support or maintenance payments or both in
an amount equal to or greater than three times the obligor's total monthly support and
maintenance payments deleted text begin and deleted text end new text begin or new text end is not in compliance with a written payment agreement
pursuant to section 518A.69 that is approved by the court, a child support magistrate, or
the public authority, the court or the public authority shall direct the licensing board or
other licensing agency to suspend the license under section 214.101. If the obligor is a
licensed attorney, the public authority may report the matter to the Lawyers Professional
Responsibility Board for appropriate action in accordance with the Rules of Professional
Conduct. The remedy under this section is in addition to any other enforcement remedy
available to the public authority.

(c) At least 90 days before notifying a licensing authority or the Lawyers
Professional Responsibility Board under paragraph (b), the public authority shall mail a
written notice to the license holder addressed to the license holder's last known address
that the public authority intends to seek license suspension under this section and that the
license holder must request a hearing within 30 days in order to contest the suspension. If
the license holder makes a written request for a hearing within 30 days of the date of the
notice, a court hearing or a hearing under section 484.702 must be held. Notwithstanding
any law to the contrary, the license holder must be served with 14 days' notice in writing
specifying the time and place of the hearing and the allegations against the license holder.
The notice may be served personally or by mail. If the public authority does not receive a
request for a hearing within 30 days of the date of the notice, and the obligor does not
execute a written payment agreement pursuant to section 518A.69 that is approved by
the public authority within 90 days of the date of the notice, the public authority shall
direct the licensing board or other licensing agency to suspend the obligor's license under
paragraph (b), or shall report the matter to the Lawyers Professional Responsibility Board.

(d) The public authority or the court shall notify the Lawyers Professional
Responsibility Board for appropriate action in accordance with the Rules of Professional
Responsibility Conduct or order the licensing board or licensing agency to suspend the
license if the judge finds that:

(1) the person is licensed by a licensing board or other state agency that issues
an occupational license;

(2) the person has not made full payment of arrearages found to be due by the public
authority; and

(3) the person has not executed or is not in compliance with a payment plan
approved by the court, a child support magistrate, or the public authority.

(e) Within 15 days of the date on which the obligor either makes full payment of
arrearages found to be due by the court or public authority or executes and initiates good
faith compliance with a written payment plan approved by the court, a child support
magistrate, or the public authority, the court, a child support magistrate, or the public
authority responsible for child support enforcement shall notify the licensing board or
licensing agency or the Lawyers Professional Responsibility Board that the obligor is no
longer ineligible for license issuance, reinstatement, or renewal under this section.

(f) In addition to the criteria established under this section for the suspension of an
obligor's occupational license, a court, a child support magistrate, or the public authority
may direct the licensing board or other licensing agency to suspend the license of a party
who has failed, after receiving notice, to comply with a subpoena relating to a paternity
or child support proceeding. Notice to an obligor of intent to suspend must be served by
first class mail at the obligor's last known address. The notice must inform the obligor
of the right to request a hearing. If the obligor makes a written request within ten days
of the date of the hearing, a hearing must be held. At the hearing, the only issues to be
considered are mistake of fact and whether the obligor received the subpoena.

(g) The license of an obligor who fails to remain in compliance with an approved
written payment agreement deleted text begin may deleted text end new text begin must new text end be suspended. Prior to suspending a license for
noncompliance with an approved written payment agreement, the public authority must
mail to the obligor's last known address a written notice that (1) the public authority
intends to seek suspension of the obligor's occupational license under this paragraph, and
(2) the obligor must request a hearing, within 30 days of the date of the notice, to contest
the suspension. If, within 30 days of the date of the notice, the public authority does not
receive a written request for a hearing and the obligor does not comply with an approved
written payment agreement, the public authority must direct the licensing board or other
licensing agency to suspend the obligor's license under paragraph (b), and, if the obligor
is a licensed attorney, must report the matter to the Lawyers Professional Responsibility
Board. If the obligor makes a written request for a hearing within 30 days of the date of
the notice, a court hearing must be held. Notwithstanding any law to the contrary, the
obligor must be served with 14 days' notice in writing specifying the time and place of
the hearing and the allegations against the obligor. The notice may be served personally
or by mail to the obligor's last known address. If the obligor appears at the hearing and
the court determines that the obligor has failed to comply with an approved written
payment agreement, the court or public authority must notify the occupational licensing
board or other licensing agency to suspend the obligor's license under paragraph (b) and,
if the obligor is a licensed attorney, must report the matter to the Lawyers Professional
Responsibility Board. If the obligor fails to appear at the hearing, the court or public
authority must notify the occupational licensing board or other licensing agency to
suspend the obligor's license under paragraph (b), and if the obligor is a licensed attorney,
must report the matter to the Lawyers Professional Responsibility Board.

Sec. 6.

Minnesota Statutes 2006, section 518A.68, is amended to read:

518A.68 RECREATIONAL LICENSE SUSPENSION.

(a) Upon motion of an obligee or the public authority, which has been properly
served on the obligor by first class mail at the last known address or in person, and if at
a hearing, the court finds that (1) the obligor is in arrears in court-ordered child support
or maintenance payments, or both, in an amount equal to or greater than deleted text begin six times deleted text end the
obligor's total monthly support and maintenance payments deleted text begin and deleted text end new text begin or new text end is not in compliance
with a written payment agreement pursuant to section 518A.69, or (2) has failed, after
receiving notice, to comply with a subpoena relating to a paternity or child support
proceeding, the court may direct the commissioner of natural resources to suspend or bar
receipt of the obligor's recreational license or licenses. deleted text begin Prior to utilizing this section, the
court must find that other substantial enforcement mechanisms have been attempted but
have not resulted in compliance. deleted text end

(b) For purposes of this section, a recreational license includes all licenses, permits,
and stamps issued centrally by the commissioner of natural resources under sections
97B.301, 97B.401, 97B.501, 97B.515, 97B.601, 97B.715, 97B.721, 97B.801, 97C.301,
and 97C.305.

(c) An obligor whose recreational license or licenses have been suspended or barred
may provide proof to the court that the obligor is in compliance with all written payment
agreements pursuant to section 518A.69. Within 15 days of receipt of that proof, the court
shall notify the commissioner of natural resources that the obligor's recreational license or
licenses should no longer be suspended nor should receipt be barred.

Sec. 7.

Minnesota Statutes 2006, section 518A.69, is amended to read:

518A.69 PAYMENT AGREEMENTS.

In proposing or approving proposed written payment agreements for purposes of
this chapter, the court, a child support magistrate, or the public authority shall take into
consideration the amount of the arrearages, the amount of the current support order, any
pending request for modification, new text begin the number and status of prior payment agreements, new text end and
the earnings of the obligor. The court, child support magistrate, or public authority shall
consider the individual financial circumstances of each obligor in evaluating the obligor's
ability to pay any proposed payment agreement and shall propose a reasonable payment
agreement tailored to the individual financial circumstances of each obligor. The court,
child support magistrate, or public authority also shall consider a graduated payment plan
tailored to the individual financial circumstances of each obligor.

Sec. 8.

Minnesota Statutes 2006, section 518A.74, subdivision 1, is amended to read:

Subdivision 1.

Making names public.

At least once each year, the commissioner of
human services, in consultation with the attorney general, deleted text begin may deleted text end new text begin must new text end publish a list of the
names and other identifying information of deleted text begin no more than 25 deleted text end persons who (1) are child
support obligors, (2) are at least $10,000 in arrears, (3) are not in compliance with a
written payment agreement regarding both current support and arrearages approved by the
court, a child support magistrate, or the public authority, (4) cannot currently be located by
the public authority for the purposes of enforcing a support order, and (5) have not made a
support payment except tax intercept payments, in the preceding 12 months.

Identifying information may include the obligor's name, last known address, amount
owed, date of birth, photograph, the number of children for whom support is owed, and
any additional information about the obligor that would assist in identifying or locating
the obligor. The commissioner and attorney general may use posters, media presentations,
electronic technology, and other means that the commissioner and attorney general
determine are appropriate for dissemination of the information, including publication
on the Internet. The commissioner and attorney general may make any or all of the
identifying information regarding these persons public. Information regarding an obligor
who meets the criteria in this subdivision will only be made public subsequent to that
person's selection by the commissioner and attorney general.

Before making public the name of the obligor, the Department of Human Services
shall send a notice to the obligor's last known address which states the department's
intention to make public information on the obligor. The notice must also provide an
opportunity to have the obligor's name removed from the list by paying the arrearage or by
entering into an agreement to pay the arrearage, or by providing information to the public
authority that there is good cause not to make the information public. The notice must
include the final date when the payment or agreement can be accepted.

The Department of Human Services shall obtain the written consent of the obligee
to make the name of the obligor public.