HF 1470

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/29/2013 05:13pm

A bill for an act
relating to family law; child support; allowing a public authority to discontinue
child support services in certain situations; amending Minnesota Statutes 2012,
section 518A.60.

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

Section 1.

Minnesota Statutes 2012, 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 not 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),
unless the obligor fails to comply with the terms of the court order for repayment.

(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.

new text begin (f)(1) If there is no longer a current support order, meaning all of the children of the
order are emancipated, the public authority may discontinue child support services and
close its case under title IV-D of the Social Security Act when either:
new text end

new text begin (i) the arrearage is under $500; or
new text end

new text begin (ii) the arrearage is considered unenforceable by the public authority because there
have been no collections for three years, and all administrative and legal remedies have
either been attempted or are determined by the public authority to be ineffective because
the obligor is unable to pay, the obligor has no known income or assets, and there is no
reasonable prospect that the obligor will be able to pay in the foreseeable future.
new text end

new text begin (2) At least 60 calendar days prior to the discontinuation of services, the public
authority must mail by certified mail a written notice to the obligee and obligor at the
obligee's and obligor's last known addresses, that the public authority intends to close the
child support enforcement case.
new text end

new text begin (3) The case must be kept open if the obligee responds prior to case closure and
provides information which could reasonably lead to collection of arrears.
new text end

new text begin (4) If the case is closed, the obligee may request at a later date that the case
be reopened by completing a new application for services, if there is a change in
circumstances which could reasonably lead to the collection of arrears.
new text end