HF 1475

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to family law; requiring an accounting for
child support received; amending Minnesota Statutes
2004, section 518.551, subdivision 11.

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

Section 1.

Minnesota Statutes 2004, section 518.551,
subdivision 11, is amended to read:

Subd. 11.

deleted text begin reopening support awards deleted text end new text begin accounting for child
support by obligee new text end .

deleted text begin Section 518.145, subdivision 2, applies to
awards of child support. deleted text end new text begin (a) Upon an obligor's motion, a court
may order an obligee to account for the use or disposition of
child support received. The motion must assert the specific
allegations of abuse or misapplication of child support received
and that a child's needs are not being met. If the court orders
a hearing, the court may order an accounting only if the obligor
establishes: (1) the specific allegations of abuse or
misapplication of child support received; (2) that the child's
needs are not being met; and (3) that there is no record or
history of domestic abuse, harassment, or violence between the
parties.
new text end

new text begin (b) If the court orders an accounting under paragraph (a),
the obligee must provide documentation that breaks down monthly
expenditures of child support received into the following
categories:
new text end

new text begin (1) housing and utilities;
new text end

new text begin (2) food;
new text end

new text begin (3) transportation;
new text end

new text begin (4) clothing;
new text end

new text begin (5) health care;
new text end

new text begin (6) child care and education; and
new text end

new text begin (7) miscellaneous.
new text end

new text begin An obligee may account for expenditures on housing, utilities,
food, and transportation that are attributable to multiple
household members on a per capita basis.
new text end

new text begin (c) If the court finds that an obligee does not make the
accounting required under paragraph (b) or the obligee does not
spend the entire child support payment on behalf of the child,
the court may:
new text end

new text begin (1) hold the obligee in contempt of court pursuant to this
chapter, chapter 588, and Minnesota Court Rules;
new text end

new text begin (2) reduce or eliminate the obligor's child support
obligation;
new text end

new text begin (3) order the obligee to make future expenditures on behalf
of the child, whether in whole or in part, in a manner that
documents the transaction; or
new text end

new text begin (4) make any other appropriate order to ensure that the
child's needs are met.
new text end

new text begin (d) If the court determines that an obligor's motion under
this section is brought in bad faith, the court may award
reasonable attorney fees to the obligee.
new text end