SF 1479

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to spousal maintenance; authorizing the 
  1.3             Department of Human Services to collect spousal 
  1.4             maintenance; amending Minnesota Statutes 2004, 
  1.5             sections 518.54, subdivisions 4a, 14, by adding a 
  1.6             subdivision; 518.551, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2004, section 518.54, 
  1.9   subdivision 4a, is amended to read: 
  1.10     Subd. 4a.  [SUPPORT ORDER.] (a) "Support order" means a 
  1.11  judgment, decree, or order, whether temporary, final, or subject 
  1.12  to modification, issued by a court or administrative agency of 
  1.13  competent jurisdiction,: 
  1.14     (1) for the support and maintenance of a child, including a 
  1.15  child who has attained the age of majority under the law of the 
  1.16  issuing state, or; 
  1.17     (2) for a child and the parent with whom the child is 
  1.18  living, that provides for monetary support, child care, medical 
  1.19  support including expenses for confinement and pregnancy, 
  1.20  arrearages, or reimbursement, and that; or 
  1.21     (3) for the maintenance of a spouse.  
  1.22     (b) The support order may include related costs and fees, 
  1.23  interest and penalties, income withholding, and other relief.  
  1.24  This definition applies to orders issued under this chapter and 
  1.25  chapters 256, 257, and 518C. 
  1.26     Sec. 2.  Minnesota Statutes 2004, section 518.54, 
  2.1   subdivision 14, is amended to read: 
  2.2      Subd. 14.  [IV-D CASE.] "IV-D case" means a case where a 
  2.3   party has assigned to the state rights to child support because 
  2.4   of the receipt of public assistance as defined in section 
  2.5   256.741 or has applied for child support services under title 
  2.6   IV-D of the Social Security Act, United States Code, title 42, 
  2.7   section 654(4).  An obligation for spousal maintenance under 
  2.8   section 518.54, subdivision 4a, paragraph (a), clause (3), is 
  2.9   not an IV-D case. 
  2.10     Sec. 3.  Minnesota Statutes 2004, section 518.54, is 
  2.11  amended by adding a subdivision to read: 
  2.12     Subd. 15.  [INCOME WITHHOLDING ONLY SERVICES.] "Income 
  2.13  withholding only services" means the services provided by the 
  2.14  public authority to collect payments pursuant to a support order 
  2.15  but does not include other enforcement services provided by the 
  2.16  public authority for IV-D cases.  Notices required for income 
  2.17  withholding under this section shall be initiated by the 
  2.18  applicant for services.  An obligation for spousal maintenance 
  2.19  under section 518.54, subdivision 4a, paragraph (a), clause (3), 
  2.20  is only eligible for income withholding only services. 
  2.21     Sec. 4.  Minnesota Statutes 2004, section 518.551, 
  2.22  subdivision 1, is amended to read: 
  2.23     Subdivision 1.  [SCOPE; PAYMENT TO PUBLIC AGENCY.] (a) This 
  2.24  section applies to all proceedings involving a support order, 
  2.25  including, but not limited to, a support order establishing an 
  2.26  order for past support or reimbursement of public assistance. 
  2.27     (b) The court shall direct that all payments ordered for 
  2.28  maintenance and or support be made to the public agency 
  2.29  responsible for child support enforcement so long as the obligee 
  2.30  is receiving or has applied for public assistance, or has 
  2.31  applied for child support and or maintenance collection 
  2.32  services.  Public authorities responsible for child support 
  2.33  enforcement may act on behalf of other public authorities 
  2.34  responsible for child support enforcement.  This includes the 
  2.35  authority to represent the legal interests of or execute 
  2.36  documents on behalf of the other public authority in connection 
  3.1   with the establishment, enforcement, and collection of child 
  3.2   support, maintenance, or medical support, and collection on 
  3.3   judgments. 
  3.4      (c) Payments made to the public authority other than 
  3.5   payments under section 518.6111 must be credited as of the date 
  3.6   the payment is received by the central collections unit.  
  3.7      (d) Amounts received by the public agency responsible for 
  3.8   child support enforcement greater than the amount granted to the 
  3.9   obligee shall be remitted to the obligee.