1.1                          A bill for an act 
  1.2             relating to child support; modifying the calculation 
  1.3             of child support; requiring a custodial parent to 
  1.4             submit a declaration of a child's residence; modifying 
  1.5             the occupational and driver's license suspension 
  1.6             process; providing criminal penalties; amending 
  1.7             Minnesota Statutes 2000, section 518.551, subdivisions 
  1.8             5, 12, 13, by adding a subdivision. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 518.551, 
  1.11  subdivision 5, is amended to read: 
  1.12     Subd. 5.  [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 
  1.13  petitioner shall notify the public authority of all proceedings 
  1.14  for dissolution, legal separation, determination of parentage or 
  1.15  for the custody of a child, if either party is receiving public 
  1.16  assistance or applies for it subsequent to the commencement of 
  1.17  the proceeding.  The notice must contain the full names of the 
  1.18  parties to the proceeding, their social security account 
  1.19  numbers, and their birth dates.  After receipt of the notice, 
  1.20  the court shall set child support as provided in this 
  1.21  subdivision.  The court may order either or both parents owing a 
  1.22  duty of support to a child of the marriage to pay an amount 
  1.23  reasonable or necessary for the child's support, without regard 
  1.24  to marital misconduct.  The court shall approve a child support 
  1.25  stipulation of the parties if each party is represented by 
  1.26  independent counsel, unless the stipulation does not meet the 
  1.27  conditions of paragraph (i).  In other cases the court shall 
  2.1   determine and order child support in a specific dollar amount in 
  2.2   accordance with the guidelines and the other factors set forth 
  2.3   in paragraph (c) and any departure therefrom.  The court may 
  2.4   also order the obligor to pay child support in the form of a 
  2.5   percentage share of the obligor's net bonuses, commissions, or 
  2.6   other forms of compensation, in addition to, or if the obligor 
  2.7   receives no base pay, in lieu of, an order for a specific dollar 
  2.8   amount. 
  2.9      (b) The court shall derive a specific dollar amount for 
  2.10  child support by multiplying the ~~obligor's~~ sum of the parties' 
  2.11  net income per month by the percentage indicated by the 
  2.12  following guidelines:  
  2.13  Sum of Parties'           Number of Children 
  2.14  Net Income Per 
  2.15  Month ~~of Obligor~~ 
  2.16                1     2     3     4     5     6    7 or 
  2.17                                                   more 
  2.18  $550 and Below     Order based on the ability of the 
  2.19                     ~~obligor~~ parties to provide support  
  2.20                     at these income levels, or at higher  
  2.21                     levels, if the ~~obligor has~~ parties have
  2.22                     the earning ability. 
  2.23  $551 - 600   16%   19%   22%   25%   28%   30%   32% 
  2.24  $601 - 650   17%   21%   24%   27%   29%   32%   34% 
  2.25  $651 - 700   18%   22%   25%   28%   31%   34%   36% 
  2.26  $701 - 750   19%   23%   27%   30%   33%   36%   38% 
  2.27  $751 - 800   20%   24%   28%   31%   35%   38%   40% 
  2.28  $801 - 850   21%   25%   29%   33%   36%   40%   42% 
  2.29  $851 - 900   22%   27%   31%   34%   38%   41%   44% 
  2.30  $901 - 950   23%   28%   32%   36%   40%   43%   46% 
  2.31  $951 - 1000  24%   29%   34%   38%   41%   45%   48% 
  2.32  $1001- 5000  25%   30%   35%   39%   43%   47%   50% 
  2.33  or the amount 
  2.34  in effect under
  2.35  paragraph (k)
  2.36     The court shall order the amount determined under the 
  3.1   guidelines allocated between the parties in proportion to each 
  3.2   party's pro rata share of the sum of the parties' net monthly 
  3.3   income.  The court shall order the obligor to pay the obligor's 
  3.4   pro rata share as child support.  The obligee must spend the 
  3.5   obligee's pro rata share directly on the child. 
  3.6      Guidelines for support for ~~an obligor~~ a party with a 
  3.7   monthly income in excess of the income limit currently in effect 
  3.8   under paragraph (k) shall be the same dollar amounts as provided 
  3.9   for in the guidelines for ~~an obligor~~ a party with a monthly 
  3.10  income equal to the limit in effect. 
  3.11  Net Income defined as: 
  3.12           
  3.13           Total monthly 
  3.14           income less           *(i) Federal Income Tax 
  3.15                                *(ii) State Income Tax 
  3.16                                (iii) Social Security
  3.17                                       Deductions 
  3.18                                 (iv) Reasonable
  3.19                                       Pension Deductions
  3.20           *Standard 
  3.21           Deductions apply-      (v) Union Dues 
  3.22           use of tax tables     (vi) Cost of Dependent Health
  3.23           recommended                 Insurance Coverage  
  3.24                                (vii) Cost of Individual or Group
  3.25                                       Health/Hospitalization
  3.26                                       Coverage or an        
  3.27                                       Amount for Actual 
  3.28                                       Medical Expenses   
  3.29                               (viii) A Child Support or  
  3.30                                       Maintenance Order that is
  3.31                                       Currently Being Paid. 
  3.32     "Net income" does not include: 
  3.33     (1) the income of ~~the obligor's~~ a party's spouse, but does 
  3.34  include in-kind payments received by ~~the obligor~~ a party in the 
  3.35  course of employment, self-employment, or operation of a 
  3.36  business if the payments reduce the ~~obligor's~~ party's living 
  4.1   expenses; or 
  4.2      (2) compensation received by a party for employment in 
  4.3   excess of a 40-hour work week, provided that: 
  4.4      (i) support is nonetheless ordered in an amount at least 
  4.5   equal to the guidelines amount based on income not excluded 
  4.6   under this clause; and 
  4.7      (ii) the party demonstrates, and the court finds, that: 
  4.8      (A) the excess employment began after the filing of the 
  4.9   petition for dissolution; 
  4.10     (B) the excess employment reflects an increase in the work 
  4.11  schedule or hours worked over that of the two years immediately 
  4.12  preceding the filing of the petition; 
  4.13     (C) the excess employment is voluntary and not a condition 
  4.14  of employment; 
  4.15     (D) the excess employment is in the nature of additional, 
  4.16  part-time or overtime employment compensable by the hour or 
  4.17  fraction of an hour; and 
  4.18     (E) the party's compensation structure has not been changed 
  4.19  for the purpose of affecting a support or maintenance obligation.
  4.20     The court shall review the work-related and 
  4.21  education-related child care costs paid and shall allocate the 
  4.22  costs to each parent in proportion to each parent's net income, 
  4.23  as determined under this subdivision, after the transfer of 
  4.24  child support and spousal maintenance, unless the allocation 
  4.25  would be substantially unfair to either parent.  There is a 
  4.26  presumption of substantial unfairness if after the sum total of 
  4.27  child support, spousal maintenance, and child care costs is 
  4.28  subtracted from the noncustodial parent's income, the income is 
  4.29  at or below 100 percent of the federal poverty guidelines.  The 
  4.30  cost of child care for purposes of this paragraph is 75 percent 
  4.31  of the actual cost paid for child care, to reflect the 
  4.32  approximate value of state and federal tax credits available to 
  4.33  the custodial parent.  The actual cost paid for child care is 
  4.34  the total amount received by the child care provider for the 
  4.35  child or children of the obligor from the obligee or any public 
  4.36  agency.  The court shall require verification of employment or 
  5.1   school attendance and documentation of child care expenses from 
  5.2   the obligee and the public agency, if applicable.  If child care 
  5.3   expenses fluctuate during the year because of seasonal 
  5.4   employment or school attendance of the obligee or extended 
  5.5   periods of parenting time with the obligor, the court shall 
  5.6   determine child care expenses based on an average monthly cost.  
  5.7   The amount allocated for child care expenses is considered child 
  5.8   support but is not subject to a cost-of-living adjustment under 
  5.9   section 518.641.  The amount allocated for child care expenses 
  5.10  terminates when either party notifies the public authority that 
  5.11  the child care costs have ended and without any legal action on 
  5.12  the part of either party.  The public authority shall verify the 
  5.13  information received under this provision before authorizing 
  5.14  termination.  The termination is effective as of the date of the 
  5.15  notification.  In other cases where there is a substantial 
  5.16  increase or decrease in child care expenses, the parties may 
  5.17  modify the order under section 518.64. 
  5.18     The court may allow the noncustodial parent to care for the 
  5.19  child while the custodial parent is working, as provided in 
  5.20  section 518.175, subdivision 8.  Allowing the noncustodial 
  5.21  parent to care for the child under section 518.175, subdivision 
  5.22  8, is not a reason to deviate from the guidelines. 
  5.23     (c) In addition to the child support guidelines, the court 
  5.24  shall take into consideration the following factors in setting 
  5.25  or modifying child support or in determining whether to deviate 
  5.26  from the guidelines: 
  5.27     (1) all earnings, income, and resources of the parents, 
  5.28  including real and personal property, but excluding income from 
  5.29  excess employment of ~~the obligor or obligee~~ either party that 
  5.30  meets the criteria of paragraph (b), clause (2)(ii); 
  5.31     (2) the financial needs and resources, physical and 
  5.32  emotional condition, and educational needs of the child or 
  5.33  children to be supported; 
  5.34     (3) the standard of living the child would have enjoyed had 
  5.35  the marriage not been dissolved, but recognizing that the 
  5.36  parents now have separate households; 
  6.1      (4) which parent receives the income taxation dependency 
  6.2   exemption and what financial benefit the parent receives from 
  6.3   it; 
  6.4      (5) the parents' debts as provided in paragraph (d); and 
  6.5      (6) the ~~obligor's~~ parents' receipt of public assistance 
  6.6   under the AFDC program formerly codified under sections 256.72 
  6.7   to 256.82 or 256B.01 to 256B.40 and chapter 256J or 256K.  
  6.8      (d) In establishing or modifying a support obligation, the 
  6.9   court may consider debts owed to private creditors, but only if: 
  6.10     (1) the right to support has not been assigned under 
  6.11  section 256.741; 
  6.12     (2) the court determines that the debt was reasonably 
  6.13  incurred for necessary support of the child or parent or for the 
  6.14  necessary generation of income.  If the debt was incurred for 
  6.15  the necessary generation of income, the court shall consider 
  6.16  only the amount of debt that is essential to the continuing 
  6.17  generation of income; and 
  6.18     (3) the party requesting a departure produces a sworn 
  6.19  schedule of the debts, with supporting documentation, showing 
  6.20  goods or services purchased, the recipient of them, the amount 
  6.21  of the original debt, the outstanding balance, the monthly 
  6.22  payment, and the number of months until the debt will be fully 
  6.23  paid. 
  6.24     (e) Any schedule prepared under paragraph (d), clause (3), 
  6.25  shall contain a statement that the debt will be fully paid after 
  6.26  the number of months shown in the schedule, barring emergencies 
  6.27  beyond the party's control.  
  6.28     (f) Any further departure below the guidelines that is 
  6.29  based on a consideration of debts owed to private creditors 
  6.30  shall not exceed 18 months in duration, after which the support 
  6.31  shall increase automatically to the level ordered by the court.  
  6.32  Nothing in this section shall be construed to prohibit one or 
  6.33  more step increases in support to reflect debt retirement during 
  6.34  the 18-month period.  
  6.35     (g) If payment of debt is ordered pursuant to this section, 
  6.36  the payment shall be ordered to be in the nature of child 
  7.1   support.  
  7.2      (h) Nothing shall preclude the court from receiving 
  7.3   evidence on the above factors to determine if the guidelines 
  7.4   should be exceeded or modified in a particular case.  
  7.5      (i) The guidelines in this subdivision are a rebuttable 
  7.6   presumption and shall be used in all cases when establishing or 
  7.7   modifying child support.  If the court does not deviate from the 
  7.8   guidelines, the court shall make written findings concerning the 
  7.9   amount of the ~~obligor's~~ parties' income used as the basis for 
  7.10  the guidelines calculation and any other significant evidentiary 
  7.11  factors affecting the determination of child support.  If the 
  7.12  court deviates from the guidelines, the court shall make written 
  7.13  findings giving the amount of support calculated under the 
  7.14  guidelines, the reasons for the deviation, and shall 
  7.15  specifically address the criteria in paragraph (c) and how the 
  7.16  deviation serves the best interest of the child.  The court may 
  7.17  deviate from the guidelines if both parties agree and the court 
  7.18  makes written findings that it is in the best interests of the 
  7.19  child, except that in cases where child support payments are 
  7.20  assigned to the public agency under section 256.741, the court 
  7.21  may deviate downward only as provided in paragraph (j).  Nothing 
  7.22  in this paragraph prohibits the court from deviating in other 
  7.23  cases.  The provisions of this paragraph apply whether or not 
  7.24  the parties are each represented by independent counsel and have 
  7.25  entered into a written agreement.  The court shall review 
  7.26  stipulations presented to it for conformity to the guidelines 
  7.27  and the court is not required to conduct a hearing, but the 
  7.28  parties shall provide the documentation of earnings required 
  7.29  under subdivision 5b. 
  7.30     (j) If the child support payments are assigned to the 
  7.31  public agency under section 256.741, the court may not deviate 
  7.32  downward from the child support guidelines unless the court 
  7.33  specifically finds that the failure to deviate downward would 
  7.34  impose an extreme hardship on the obligor. 
  7.35     (k) The dollar amount of the income limit for application 
  7.36  of the guidelines must be adjusted on July 1 of every 
  8.1   even-numbered year to reflect cost-of-living changes.  The 
  8.2   supreme court shall select the index for the adjustment from the 
  8.3   indices listed in section 518.641.  The state court 
  8.4   administrator shall make the changes in the dollar amount 
  8.5   required by this paragraph available to courts and the public on 
  8.6   or before April 30 of the year in which the amount is to change. 
  8.7      (l) In establishing or modifying child support, if a child 
  8.8   receives a child's insurance benefit under United States Code, 
  8.9   title 42, section 402, because the obligor is entitled to old 
  8.10  age or disability insurance benefits, the amount of support 
  8.11  ordered shall be offset by the amount of the child's benefit.  
  8.12  The court shall make findings regarding the obligor's income 
  8.13  from all sources, the child support amount calculated under this 
  8.14  section, the amount of the child's benefit, and the obligor's 
  8.15  child support obligation.  Any benefit received by the child in 
  8.16  a given month in excess of the child support obligation shall 
  8.17  not be treated as an arrearage payment or a future payment. 
  8.18     Sec. 2.  Minnesota Statutes 2000, section 518.551, is 
  8.19  amended by adding a subdivision to read: 
  8.20     Subd. 5g.  [DECLARATION OF CHILD'S RESIDENCE; PENALTY.] (a) 
  8.21  After an order for child support is established, a custodial 
  8.22  parent must submit quarterly written statements to the public 
  8.23  authority responsible for providing child support enforcement 
  8.24  services declaring that the child for whom support is ordered 
  8.25  continues to reside with the custodial parent.  The commissioner 
  8.26  must develop and distribute a form to be used by a custodial 
  8.27  parent for this purpose.  The form must contain a declaration, 
  8.28  signed by the custodial parent under the penalties of perjury, 
  8.29  that the statement regarding the child's residence is true and 
  8.30  correct and that the custodial parent understands the penalties 
  8.31  for perjury under section 609.48. 
  8.32     (b) A person who willfully makes a false declaration under 
  8.33  paragraph (a) is guilty of perjury and is subject to penalties 
  8.34  prescribed in section 609.48. 
  8.35     Sec. 3.  Minnesota Statutes 2000, section 518.551, 
  8.36  subdivision 12, is amended to read: 
  9.1      Subd. 12.  [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 
  9.2   motion of an obligee, if the court finds that the obligor is or 
  9.3   may be licensed by a licensing board listed in section 214.01 or 
  9.4   other state, county, or municipal agency or board that issues an 
  9.5   occupational license and the obligor is in arrears in 
  9.6   court-ordered child support or maintenance payments or both in 
  9.7   an amount equal to or greater than three times the obligor's 
  9.8   total monthly support and maintenance payments and is not in 
  9.9   compliance with a written payment agreement regarding both 
  9.10  current support and arrearages approved by the court, a child 
  9.11  support magistrate, or the public authority, the court shall 
  9.12  direct the licensing board or other licensing agency to suspend 
  9.13  the license under section 214.101.  The court's order must be 
  9.14  stayed for 90 days in order to allow the obligor to execute a 
  9.15  written payment agreement regarding both current support and 
  9.16  arrearages or to make a request for a hearing to contest the 
  9.17  claimed arrearages.  The payment agreement must be approved by 
  9.18  either the court or the public authority responsible for child 
  9.19  support enforcement.  If the obligor makes a written request for 
  9.20  a hearing to contest the claimed arrearages within 30 days of 
  9.21  the date of the court's order suspending the license, a hearing 
  9.22  must be held.  If the obligor has not executed or is not in 
  9.23  compliance with a written payment agreement regarding both 
  9.24  current support and arrearages after the 90 days expires, or the 
  9.25  obligor has not made a timely request for a hearing to contest 
  9.26  the claimed arrearages, the court's order becomes effective.  If 
  9.27  the obligor is a licensed attorney, the court shall report the 
  9.28  matter to the lawyers professional responsibility board for 
  9.29  appropriate action in accordance with the rules of professional 
  9.30  conduct.  The remedy under this subdivision is in addition to 
  9.31  any other enforcement remedy available to the court. 
  9.32     (b) If a public authority responsible for child support 
  9.33  enforcement finds that the obligor is or may be licensed by a 
  9.34  licensing board listed in section 214.01 or other state, county, 
  9.35  or municipal agency or board that issues an occupational license 
  9.36  and the obligor is in arrears in court-ordered child support or 
 10.1   maintenance payments or both in an amount equal to or greater 
 10.2   than three times the obligor's total monthly support and 
 10.3   maintenance payments and is not in compliance with a written 
 10.4   payment agreement regarding both current support and arrearages 
 10.5   approved by the court, a child support magistrate, or the public 
 10.6   authority, the court or the public authority shall direct the 
 10.7   licensing board or other licensing agency to suspend the license 
 10.8   under section 214.101.  If the obligor is a licensed attorney, 
 10.9   the public authority may report the matter to the lawyers 
 10.10  professional responsibility board for appropriate action in 
 10.11  accordance with the rules of professional conduct.  The remedy 
 10.12  under this subdivision is in addition to any other enforcement 
 10.13  remedy available to the public authority. 
 10.14     (c) At least 90 days before notifying a licensing authority 
 10.15  or the lawyers professional responsibility board under paragraph 
 10.16  (b), the public authority shall mail a written notice to the 
 10.17  license holder addressed to the license holder's last known 
 10.18  address that the public authority intends to seek license 
 10.19  suspension under this subdivision and that the license holder 
 10.20  must request a hearing within 30 days in order to contest the 
 10.21  claimed arrearages and the suspension.  If the license holder 
 10.22  makes a written request for a hearing within 30 days of the date 
 10.23  of the notice, a court hearing or a hearing under section 
 10.24  484.702 must be held.  Notwithstanding any law to the contrary, 
 10.25  the license holder must be served with 14 days' notice in 
 10.26  writing specifying the time and place of the hearing and the 
 10.27  allegations against the license holder.  The notice may be 
 10.28  served personally or by mail.  If the public authority does not 
 10.29  receive a request for a hearing within 30 days of the date of 
 10.30  the notice, and the obligor does not execute a written payment 
 10.31  agreement regarding both current support and arrearages approved 
 10.32  by the public authority within 90 days of the date of the 
 10.33  notice, the public authority shall direct the licensing board or 
 10.34  other licensing agency to suspend the obligor's license under 
 10.35  paragraph (b), or shall report the matter to the lawyers 
 10.36  professional responsibility board. 
 11.1      (d) The public authority or the court shall notify the 
 11.2   lawyers professional responsibility board for appropriate action 
 11.3   in accordance with the rules of professional responsibility 
 11.4   conduct or order the licensing board or licensing agency to 
 11.5   suspend the license if the judge finds that: 
 11.6      (1) the person is licensed by a licensing board or other 
 11.7   state agency that issues an occupational license; 
 11.8      (2) the person has not made full payment of arrearages 
 11.9   found to be due by the public authority; and 
 11.10     (3) the person has not executed or is not in compliance 
 11.11  with a payment plan approved by the court, a child support 
 11.12  magistrate, or the public authority. 
 11.13     (e) Within 15 days of the date on which the obligor either 
 11.14  makes full payment of arrearages found to be due by the court or 
 11.15  public authority or executes and initiates good faith compliance 
 11.16  with a written payment plan approved by the court, a child 
 11.17  support magistrate, or the public authority, the court, a child 
 11.18  support magistrate, or the public authority responsible for 
 11.19  child support enforcement shall notify the licensing board or 
 11.20  licensing agency or the lawyers professional responsibility 
 11.21  board that the obligor is no longer ineligible for license 
 11.22  issuance, reinstatement, or renewal under this subdivision. 
 11.23     (f) In addition to the criteria established under this 
 11.24  section for the suspension of an obligor's occupational license, 
 11.25  a court, a child support magistrate, or the public authority may 
 11.26  direct the licensing board or other licensing agency to suspend 
 11.27  the license of a party who has failed, after receiving notice, 
 11.28  to comply with a subpoena relating to a paternity or child 
 11.29  support proceeding.  Notice to an obligor of intent to suspend 
 11.30  must be served by first class mail at the obligor's last known 
 11.31  address.  The notice must inform the obligor of the right to 
 11.32  request a hearing.  If the obligor makes a written request 
 11.33  within ten days of the date of the hearing, a hearing must be 
 11.34  held.  At the hearing, the only issues to be considered are 
 11.35  mistake of fact and whether the obligor received the subpoena. 
 11.36     (g) The license of an obligor who fails to remain in 
 12.1   compliance with an approved payment agreement may be suspended.  
 12.2   Notice to the obligor of an intent to suspend under this 
 12.3   paragraph must be served by first class mail at the obligor's 
 12.4   last known address and must include a notice of hearing.  The 
 12.5   notice must be served upon the obligor not less than ten days 
 12.6   before the date of the hearing.  If the obligor appears at the 
 12.7   hearing and the judge determines that the obligor has failed to 
 12.8   comply with an approved payment agreement, the judge shall 
 12.9   notify the occupational licensing board or agency to suspend the 
 12.10  obligor's license under paragraph (c).  If the obligor fails to 
 12.11  appear at the hearing, the public authority may notify the 
 12.12  occupational or licensing board to suspend the obligor's license 
 12.13  under paragraph (c). 
 12.14     Sec. 4.  Minnesota Statutes 2000, section 518.551, 
 12.15  subdivision 13, is amended to read: 
 12.16     Subd. 13.  [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 
 12.17  of an obligee, which has been properly served on the obligor and 
 12.18  upon which there has been an opportunity for hearing, if a court 
 12.19  finds that the obligor has been or may be issued a driver's 
 12.20  license by the commissioner of public safety and the obligor is 
 12.21  in arrears in court-ordered child support or maintenance 
 12.22  payments, or both, in an amount equal to or greater than three 
 12.23  times the obligor's total monthly support and maintenance 
 12.24  payments and is not in compliance with a written payment 
 12.25  agreement regarding both current support and arrearages approved 
 12.26  by the court, a child support magistrate, or the public 
 12.27  authority, the court shall order the commissioner of public 
 12.28  safety to suspend the obligor's driver's license.  The court's 
 12.29  order must be stayed for 90 days in order to allow the obligor 
 12.30  to execute a written payment agreement regarding both current 
 12.31  support and arrearages~~, which~~ or to make a request for a hearing 
 12.32  to contest the claimed arrearages.  A written payment agreement 
 12.33  must be approved by either the court or the public authority 
 12.34  responsible for child support enforcement.  If the obligor makes 
 12.35  a written request for a hearing within 30 days of the date of 
 12.36  the court's order suspending the license, a hearing must be 
 13.1   held.  If the obligor has not executed or is not in compliance 
 13.2   with a written payment agreement regarding both current support 
 13.3   and arrearages after the 90 days expires, or the obligor has not 
 13.4   made a timely request for a hearing to contest the claimed 
 13.5   arrearages, the court's order becomes effective and the 
 13.6   commissioner of public safety shall suspend the obligor's 
 13.7   driver's license.  The remedy under this subdivision is in 
 13.8   addition to any other enforcement remedy available to the 
 13.9   court.  An obligee may not bring a motion under this paragraph 
 13.10  within 12 months of a denial of a previous motion under this 
 13.11  paragraph. 
 13.12     (b) If a public authority responsible for child support 
 13.13  enforcement determines that the obligor has been or may be 
 13.14  issued a driver's license by the commissioner of public safety 
 13.15  and the obligor is in arrears in court-ordered child support or 
 13.16  maintenance payments or both in an amount equal to or greater 
 13.17  than three times the obligor's total monthly support and 
 13.18  maintenance payments and not in compliance with a written 
 13.19  payment agreement regarding both current support and arrearages 
 13.20  approved by the court, a child support magistrate, or the public 
 13.21  authority, the public authority shall direct the commissioner of 
 13.22  public safety to suspend the obligor's driver's license.  The 
 13.23  remedy under this subdivision is in addition to any other 
 13.24  enforcement remedy available to the public authority. 
 13.25     (c) At least 90 days prior to notifying the commissioner of 
 13.26  public safety according to paragraph (b), the public authority 
 13.27  must mail a written notice to the obligor at the obligor's last 
 13.28  known address, that it intends to seek suspension of the 
 13.29  obligor's driver's license and that the obligor must request a 
 13.30  hearing within 30 days in order to contest the claimed 
 13.31  arrearages and the suspension.  If the obligor makes a written 
 13.32  request for a hearing within 30 days of the date of the notice, 
 13.33  a court hearing must be held.  Notwithstanding any law to the 
 13.34  contrary, the obligor must be served with 14 days' notice in 
 13.35  writing specifying the time and place of the hearing and the 
 13.36  allegations against the obligor.  The notice may be served 
 14.1   personally or by mail.  If the public authority does not receive 
 14.2   a request for a hearing within 30 days of the date of the 
 14.3   notice, and the obligor does not execute a written payment 
 14.4   agreement regarding both current support and arrearages approved 
 14.5   by the public authority within 90 days of the date of the 
 14.6   notice, the public authority shall direct the commissioner of 
 14.7   public safety to suspend the obligor's driver's license under 
 14.8   paragraph (b). 
 14.9      (d) At a hearing requested by the obligor under paragraph 
 14.10  (c), and on finding that the obligor is in arrears in 
 14.11  court-ordered child support or maintenance payments or both in 
 14.12  an amount equal to or greater than three times the obligor's 
 14.13  total monthly support and maintenance payments, the district 
 14.14  court or child support magistrate shall order the commissioner 
 14.15  of public safety to suspend the obligor's driver's license or 
 14.16  operating privileges unless the court or child support 
 14.17  magistrate determines that the obligor has executed and is in 
 14.18  compliance with a written payment agreement regarding both 
 14.19  current support and arrearages approved by the court, a child 
 14.20  support magistrate, or the public authority. 
 14.21     (e) An obligor whose driver's license or operating 
 14.22  privileges are suspended may provide proof to the public 
 14.23  authority responsible for child support enforcement that the 
 14.24  obligor is in compliance with all written payment agreements 
 14.25  regarding both current support and arrearages.  Within 15 days 
 14.26  of the receipt of that proof, the public authority shall inform 
 14.27  the commissioner of public safety that the obligor's driver's 
 14.28  license or operating privileges should no longer be suspended. 
 14.29     (f) On January 15, 1997, and every two years after that, 
 14.30  the commissioner of human services shall submit a report to the 
 14.31  legislature that identifies the following information relevant 
 14.32  to the implementation of this section: 
 14.33     (1) the number of child support obligors notified of an 
 14.34  intent to suspend a driver's license; 
 14.35     (2) the amount collected in payments from the child support 
 14.36  obligors notified of an intent to suspend a driver's license; 
 15.1      (3) the number of cases paid in full and payment agreements 
 15.2   executed in response to notification of an intent to suspend a 
 15.3   driver's license; 
 15.4      (4) the number of cases in which there has been 
 15.5   notification and no payments or payment agreements; 
 15.6      (5) the number of driver's licenses suspended; and 
 15.7      (6) the cost of implementation and operation of the 
 15.8   requirements of this section. 
 15.9      (g) In addition to the criteria established under this 
 15.10  section for the suspension of an obligor's driver's license, a 
 15.11  court, a child support magistrate, or the public authority may 
 15.12  direct the commissioner of public safety to suspend the license 
 15.13  of a party who has failed, after receiving notice, to comply 
 15.14  with a subpoena relating to a paternity or child support 
 15.15  proceeding.  Notice to an obligor of intent to suspend must be 
 15.16  personally served ~~by first class mail~~ at the obligor's last 
 15.17  known address.  The notice must inform the obligor of the right 
 15.18  to request a hearing.  If the obligor makes a written request 
 15.19  within ~~ten~~ 30 days of the date of the hearing, a hearing must be 
 15.20  held.  At the hearing, the only issues to be considered are 
 15.21  mistake of fact and whether the obligor received the subpoena. 
 15.22     (h) The license of an obligor who fails to remain in 
 15.23  compliance with an approved payment agreement may be suspended.  
 15.24  Notice to the obligor of an intent to suspend under this 
 15.25  paragraph must be served by first class mail at the obligor's 
 15.26  last known address and must include a notice of hearing.  The 
 15.27  notice must be served upon the obligor not less than ~~ten~~ 30 days 
 15.28  before the date of the hearing.  If the obligor appears at the 
 15.29  hearing and the judge determines that the obligor has failed to 
 15.30  comply with an approved payment agreement, the judge shall 
 15.31  notify the department of public safety to suspend the obligor's 
 15.32  license under paragraph (c).  If the obligor fails to appear at 
 15.33  the hearing, the public authority may notify the department of 
 15.34  public safety to suspend the obligor's license under paragraph 
 15.35  (c). 
 15.36     Sec. 5.  [EFFECTIVE DATE; APPLICATION.] 
 16.1      Section 2 is effective August 1, 2001, and applies to 
 16.2   crimes committed on or after that date.