as introduced - 90th Legislature (2017 - 2018) Posted on 03/06/2018 09:12am
A bill for an act
relating to children; modifying certain payments of child support arrearages;
amending Minnesota Statutes 2017 Supplement, section 518A.53, subdivision 11.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2017 Supplement, section 518A.53, subdivision 11, is
amended to read:
Before transmittal to the obligor of a lump-sum payment
of $500 or more including, but not limited to, severance pay, accumulated sick pay, vacation
pay, bonuses, commissions, or other pay or benefits, a payor of funds:
(1) who has been served with an order for or notice of income withholding under this
section shall:
(i) notify the public authority of the lump-sum payment that is to be paid to the obligor;
(ii) hold the lump-sum payment for 30 days after the date on which the lump-sum payment
would otherwise have been paid to the obligor, notwithstanding sections 176.221, 176.225,
176.521, 181.08, 181.101, 181.11, 181.13, and 181.145; and
(iii) upon order of the court, and after a showing of past willful nonpayment of support,
pay any specified amount of the lump-sum payment to the public authority for future support;
or
(2) shall pay the lessor of the amount of the lump-sum payment or the total amount of
the judgment and arrearages upon service by United States mail of a sworn affidavit from
the public authority or a court order that includes the following information:
(i) that a judgment entered pursuant to section 548.091, subdivision 1a, exists against
the obligor, or that other support arrearages exist;
(ii) the current balance of the judgment or arrearage; and
(iii) that a portion of the judgment or arrearage remains unpaid.
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The Consumer Credit Protection Act, title 15 of the United States Code, section 1673(b),
does not apply to lump-sum payments.
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