SF 947

1st Engrossment - 81st Legislature (1999 - 2000)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to children; conforming to federal 
  1.3             requirements governing establishment and enforcement 
  1.4             of child support; authorizing suspension of 
  1.5             recreational licenses of delinquent child support 
  1.6             obligors; allowing consideration of a mother's lost 
  1.7             wages as reasonable expenses of pregnancy and 
  1.8             confinement; amending Minnesota Statutes 1998, 
  1.9             sections 256.87, subdivision 1a; 257.66, subdivision 
  1.10            3; 257.75, subdivision 2; 518.10; 518.551, by adding a 
  1.11            subdivision; and 518.5853, by adding a subdivision. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 256.87, 
  1.14  subdivision 1a, is amended to read: 
  1.15     Subd. 1a.  [CONTINUING SUPPORT CONTRIBUTIONS.] In addition 
  1.16  to granting the county or state agency a money judgment, the 
  1.17  court may, upon a motion or order to show cause, order 
  1.18  continuing support contributions by a parent found able to 
  1.19  reimburse the county or state agency.  The order shall be 
  1.20  effective for the period of time during which the recipient 
  1.21  receives public assistance from any county or state agency and 
  1.22  thereafter.  The order shall require support according to 
  1.23  chapter 518 and include the names and social security numbers of 
  1.24  the father, mother, and the child or children.  An order for 
  1.25  continuing contributions is reinstated without further hearing 
  1.26  upon notice to the parent by any county or state agency that 
  1.27  public assistance, as defined in section 256.741, is again being 
  1.28  provided for the child of the parent.  The notice shall be in 
  2.1   writing and shall indicate that the parent may request a hearing 
  2.2   for modification of the amount of support or maintenance. 
  2.3      Sec. 2.  Minnesota Statutes 1998, section 257.66, 
  2.4   subdivision 3, is amended to read: 
  2.5      Subd. 3.  [JUDGMENT; ORDER.] The judgment or order shall 
  2.6   contain provisions concerning the duty of support, the custody 
  2.7   of the child, the name of the child, the social security number 
  2.8   of the mother, father, and child, if known at the time of 
  2.9   adjudication, visitation privileges with the child, the 
  2.10  furnishing of bond or other security for the payment of the 
  2.11  judgment, or any other matter in the best interest of the 
  2.12  child.  Custody and visitation and all subsequent motions 
  2.13  related to them shall proceed and be determined under section 
  2.14  257.541.  The remaining matters and all subsequent motions 
  2.15  related to them shall proceed and be determined in accordance 
  2.16  with chapter 518.  The judgment or order may direct the 
  2.17  appropriate party to pay all or a proportion of the reasonable 
  2.18  expenses of the mother's pregnancy and confinement, including 
  2.19  the mother's lost wages due to medical necessity, after 
  2.20  consideration of the relevant facts, including the relative 
  2.21  financial means of the parents; the earning ability of each 
  2.22  parent; and any health insurance policies held by either parent, 
  2.23  or by a spouse or parent of the parent, which would provide 
  2.24  benefits for the expenses incurred by the mother during her 
  2.25  pregnancy and confinement.  Pregnancy and confinement expenses 
  2.26  and genetic testing costs, submitted by the public authority, 
  2.27  are admissible as evidence without third-party foundation 
  2.28  testimony and constitute prima facie evidence of the amounts 
  2.29  incurred for those services or for the genetic testing.  
  2.30  Remedies available for the collection and enforcement of child 
  2.31  support apply to confinement costs and are considered additional 
  2.32  child support. 
  2.33     Sec. 3.  Minnesota Statutes 1998, section 257.75, 
  2.34  subdivision 2, is amended to read: 
  2.35     Subd. 2.  [REVOCATION OF RECOGNITION.] A recognition may be 
  2.36  revoked in a writing signed by the mother or father before a 
  3.1   notary public and filed with the state registrar of vital 
  3.2   statistics within the earlier of 30 60 days after the 
  3.3   recognition is executed or the date of an administrative or 
  3.4   judicial hearing relating to the child in which the revoking 
  3.5   party is a party to the related action.  A joinder in a 
  3.6   recognition may be revoked in a writing signed by the man who 
  3.7   executed the joinder and filed with the state registrar of vital 
  3.8   statistics within 30 60 days after the joinder is executed.  
  3.9   Upon receipt of a revocation of the recognition of parentage or 
  3.10  joinder in a recognition, the state registrar of vital 
  3.11  statistics shall forward a copy of the revocation to the 
  3.12  nonrevoking parent, or, in the case of a joinder in a 
  3.13  recognition, to the mother and father who executed the 
  3.14  recognition.  
  3.15     Sec. 4.  Minnesota Statutes 1998, section 518.10, is 
  3.16  amended to read: 
  3.17     518.10 [REQUISITES OF PETITION.] 
  3.18     The petition for dissolution of marriage or legal 
  3.19  separation shall state and allege: 
  3.20     (a) the name, address, and, in circumstances in which child 
  3.21  support or spousal maintenance will be addressed, social 
  3.22  security number of the petitioner and any prior or other name 
  3.23  used by the petitioner; 
  3.24     (b) the name and, if known, the address and, in 
  3.25  circumstances in which child support or spousal maintenance will 
  3.26  be addressed, social security number of the respondent and any 
  3.27  prior or other name used by the respondent and known to the 
  3.28  petitioner; 
  3.29     (c) the place and date of the marriage of the parties; 
  3.30     (d) in the case of a petition for dissolution, that either 
  3.31  the petitioner or the respondent or both:  
  3.32     (1) has resided in this state for not less than 180 days 
  3.33  immediately preceding the commencement of the proceeding, or 
  3.34     (2) has been a member of the armed services and has been 
  3.35  stationed in this state for not less than 180 days immediately 
  3.36  preceding the commencement of the proceeding, or 
  4.1      (3) has been a domiciliary of this state for not less than 
  4.2   180 days immediately preceding the commencement of the 
  4.3   proceeding; 
  4.4      (e) the name at the time of the petition and any prior or 
  4.5   other name, social security number, age and date of birth of 
  4.6   each living minor or dependent child of the parties born before 
  4.7   the marriage or born or adopted during the marriage and a 
  4.8   reference to, and the expected date of birth of, a child of the 
  4.9   parties conceived during the marriage but not born; 
  4.10     (f) whether or not a separate proceeding for dissolution, 
  4.11  legal separation, or custody is pending in a court in this state 
  4.12  or elsewhere; 
  4.13     (g) in the case of a petition for dissolution, that there 
  4.14  has been an irretrievable breakdown of the marriage 
  4.15  relationship; 
  4.16     (h) in the case of a petition for legal separation, that 
  4.17  there is a need for a decree of legal separation; 
  4.18     (i) any temporary or permanent maintenance, child support, 
  4.19  child custody, disposition of property, attorneys' fees, costs 
  4.20  and disbursements applied for without setting forth the amounts; 
  4.21  and 
  4.22     (j) whether an order for protection under chapter 518B or a 
  4.23  similar law of another state that governs the parties or a party 
  4.24  and a minor child of the parties is in effect and, if so, the 
  4.25  district court or similar jurisdiction in which it was entered. 
  4.26     The petition shall be verified by the petitioner or 
  4.27  petitioners, and its allegations established by competent 
  4.28  evidence. 
  4.29     Sec. 5.  Minnesota Statutes 1998, section 518.551, is 
  4.30  amended by adding a subdivision to read: 
  4.31     Subd. 15.  [LICENSE SUSPENSION.] (a) Upon motion of an 
  4.32  obligee or the public authority, which has been properly served 
  4.33  on the obligor by first class mail at the last known address or 
  4.34  in person, and if at a hearing, the court finds that (1) the 
  4.35  obligor is in arrears in court-ordered child support or 
  4.36  maintenance payments, or both, in an amount equal to or greater 
  5.1   than three times the obligor's total monthly support and 
  5.2   maintenance payments and is not in compliance with a written 
  5.3   payment agreement regarding both current support and arrearages, 
  5.4   or (2) has failed, after receiving notice, to comply with a 
  5.5   subpoena relating to a paternity or child support proceeding, 
  5.6   the court may direct the commissioner of natural resources to 
  5.7   suspend or bar receipt of the obligor's recreational license or 
  5.8   licenses. 
  5.9      (b) For purposes of this subdivision, a recreational 
  5.10  license includes all licenses, permits, and stamps issued 
  5.11  centrally by the commissioner of natural resources under 
  5.12  sections 97B.301, 97B.401, 97B.501, 97B.515, 97B.601, 97B.715, 
  5.13  97B.721, 97B.801, 97C.301, and 97C.305. 
  5.14     (c) An obligor whose recreational license or licenses have 
  5.15  been suspended or barred may provide proof to the court that the 
  5.16  obligor is in compliance with all written payment agreements 
  5.17  regarding both current support and arrearages.  Within 15 days 
  5.18  of receipt of that proof, the court shall notify the 
  5.19  commissioner of natural resources that the obligor's 
  5.20  recreational license or licenses should no longer be suspended 
  5.21  nor should receipt be barred. 
  5.22     Sec. 6.  Minnesota Statutes 1998, section 518.5853, is 
  5.23  amended by adding a subdivision to read: 
  5.24     Subd. 11.  [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 
  5.25  commissioner of human services may establish a revolving account 
  5.26  to cover funds issued in error due to insufficient funds or 
  5.27  other reasons.  Appropriations for this purpose and all 
  5.28  recoupments against payments from the account shall be deposited 
  5.29  in the collections unit's recoupment account and are 
  5.30  appropriated to the commissioner.  Any unexpended balance in the 
  5.31  account does not cancel, but is available until expended.