SF 3097

1st Engrossment - 82nd Legislature (2001 - 2002)

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

  1.1                          A bill for an act 
  1.2             relating to child support; changing certain procedures 
  1.3             and requirements; extending a data exchange program; 
  1.4             amending Minnesota Statutes 2000, sections 518.171, 
  1.5             subdivision 3, by adding a subdivision; 518.6111, 
  1.6             subdivision 8; 518.614, subdivisions 3, 4; 518.617, 
  1.7             subdivision 2; 548.091, subdivisions 1, 2a; Minnesota 
  1.8             Statutes 2001 Supplement, sections 256.979, 
  1.9             subdivisions 5, 6; 518.171, subdivisions 1, 4, 5; 
  1.10            518.6196; 548.091, subdivision 1a; Laws 2001, chapter 
  1.11            202, section 19. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.14  256.979, subdivision 5, is amended to read: 
  1.15     Subd. 5.  [PATERNITY ESTABLISHMENT AND CHILD SUPPORT ORDER 
  1.16  ESTABLISHMENT AND MODIFICATION BONUS INCENTIVES.] (a) A bonus 
  1.17  incentive program is created to increase the number of paternity 
  1.18  establishments and establishment and modifications of child 
  1.19  support orders done by county child support enforcement agencies.
  1.20     (b) A bonus must be awarded to a county child support 
  1.21  agency for each child for which the agency completes a paternity 
  1.22  order or for each case in which child support order 
  1.23  establishment or modification is established or modified through 
  1.24  judicial or administrative expedited processes. 
  1.25     (c) The rate of bonus incentive is $100 per child for each 
  1.26  paternity established, or $100 per case for each child support 
  1.27  order establishment and modification established or modified, 
  1.28  which is set in a specific dollar amount. 
  2.1      (d) No bonus shall be paid for a modification that is a 
  2.2   result of a termination of child care costs according to section 
  2.3   518.551, subdivision 5, paragraph (b), or due solely to a 
  2.4   reduction of child care expenses. 
  2.5      Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  2.6   256.979, subdivision 6, is amended to read: 
  2.7      Subd. 6.  [CLAIMS FOR BONUS INCENTIVE.] (a) The 
  2.8   commissioner of human services and the county agency shall 
  2.9   develop procedures for the claims process and criteria using 
  2.10  automated systems where possible. 
  2.11     (b) Only one county agency may receive a bonus per 
  2.12  paternity establishment or child support order establishment or 
  2.13  modification for each child order.  The county agency completing 
  2.14  the action or procedure needed to establish paternity or a child 
  2.15  support order or modify an order is the county agency entitled 
  2.16  to claim the bonus incentive. 
  2.17     (c) Disputed claims must be submitted to the commissioner 
  2.18  of human services and the commissioner's decision is final. 
  2.19     Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  2.20  518.171, subdivision 1, is amended to read: 
  2.21     Subdivision 1.  [ORDER.] Compliance with this section 
  2.22  constitutes compliance with A completed national medical support 
  2.23  notice issued by the public authority or a court order that 
  2.24  complies with this section is a qualified medical child support 
  2.25  order as described in the federal Employee Retirement Income 
  2.26  Security Act of 1974 (ERISA) as amended by the federal Omnibus 
  2.27  Budget Reconciliation Act of 1993 (OBRA).  
  2.28     (a) Every child support order must: 
  2.29     (1) expressly assign or reserve the responsibility for 
  2.30  maintaining medical insurance for the minor children and the 
  2.31  division of uninsured medical and dental costs; and 
  2.32     (2) contain the names, last known addresses, and social 
  2.33  security numbers of the parents of the dependents unless the 
  2.34  court prohibits the inclusion of an address or social security 
  2.35  number and orders the parents to provide their addresses and 
  2.36  social security numbers to the administrator of the health 
  3.1   plan.  The court shall order the parent with the better group 
  3.2   dependent health and dental insurance coverage or health 
  3.3   insurance plan to name the minor child as beneficiary on any 
  3.4   health and dental insurance plan that is available to the parent 
  3.5   on: 
  3.6      (i) a group basis; 
  3.7      (ii) through an employer or union; or 
  3.8      (iii) through a group health plan governed under the ERISA 
  3.9   and included within the definitions relating to health plans 
  3.10  found in section 62A.011, 62A.048, or 62E.06, subdivision 2.  
  3.11  "Health insurance" or "health insurance coverage" as used in 
  3.12  this section means coverage that is comparable to or better than 
  3.13  a number two qualified plan as defined in section 62E.06, 
  3.14  subdivision 2.  "Health insurance" or "health insurance 
  3.15  coverage" as used in this section does not include medical 
  3.16  assistance provided under chapter 256, 256B, 256J, 256K, or 256D.
  3.17     (b) If the court finds that dependent health or dental 
  3.18  insurance is not available to the obligor or obligee on a group 
  3.19  basis or through an employer or union, or that group insurance 
  3.20  is not accessible to the obligee, the court may require the 
  3.21  obligor (1) to obtain other dependent health or dental 
  3.22  insurance, (2) to be liable for reasonable and necessary medical 
  3.23  or dental expenses of the child, or (3) to pay no less than $50 
  3.24  per month to be applied to the medical and dental expenses of 
  3.25  the children or to the cost of health insurance dependent 
  3.26  coverage. 
  3.27     (c) If the court finds that the available dependent health 
  3.28  or dental insurance does not pay all the reasonable and 
  3.29  necessary medical or dental expenses of the child, including any 
  3.30  existing or anticipated extraordinary medical expenses, and the 
  3.31  court finds that the obligor has the financial ability to 
  3.32  contribute to the payment of these medical or dental expenses, 
  3.33  the court shall require the obligor to be liable for all or a 
  3.34  portion of the medical or dental expenses of the child not 
  3.35  covered by the required health or dental plan.  Medical and 
  3.36  dental expenses include, but are not limited to, necessary 
  4.1   orthodontia and eye care, including prescription lenses. 
  4.2      (d) Unless otherwise agreed by the parties and approved by 
  4.3   the court, if the court finds that the obligee is not receiving 
  4.4   public assistance for the child and has the financial ability to 
  4.5   contribute to the cost of medical and dental expenses for the 
  4.6   child, including the cost of insurance, the court shall order 
  4.7   the obligee and obligor to each assume a portion of these 
  4.8   expenses based on their proportionate share of their total net 
  4.9   income as defined in section 518.54 518.551, subdivision 6 5. 
  4.10     (e) Payments ordered under this section are subject to 
  4.11  section 518.6111.  An obligee who fails to apply payments 
  4.12  received to the medical expenses of the dependents may be found 
  4.13  in contempt of this order. 
  4.14     Sec. 4.  Minnesota Statutes 2000, section 518.171, 
  4.15  subdivision 3, is amended to read: 
  4.16     Subd. 3.  [IMPLEMENTATION NOTICE TO EMPLOYER OR UNION.] (a) 
  4.17  For purposes of this chapter, "national medical support notice" 
  4.18  means an administrative notice issued by the public authority to 
  4.19  enforce health insurance provisions of a support order under the 
  4.20  Code of Federal Regulations. 
  4.21     (b) A copy of the national medical support notice or court 
  4.22  order for insurance coverage shall be forwarded to the obligor's 
  4.23  employer or union and or to the health or dental insurance 
  4.24  carrier or employer if necessary by the obligee or the public 
  4.25  authority responsible for support enforcement only when ordered 
  4.26  by the court or when the following conditions are met: 
  4.27     (1) the obligor fails to provide written proof to the 
  4.28  obligee or the public authority, within 30 days of the effective 
  4.29  date of the court order, that the obligor has applied for 
  4.30  insurance has been obtained for the child; 
  4.31     (2) the obligee or the public authority serves written 
  4.32  notice of its intent to enforce medical support on the .  The 
  4.33  obligee or the public authority must mail the written notice to 
  4.34  the obligor by mail at the obligor's last known post office 
  4.35  address; and 
  4.36     (3) the obligor fails within 15 days after the mailing of 
  5.1   the notice to provide written proof to the obligee or the public 
  5.2   authority that the obligor has applied for insurance coverage 
  5.3   existed as of the date of mailing for the child. 
  5.4      The employer or union shall forward a copy of the order to 
  5.5   the health and dental insurance plan offered by the employer. 
  5.6      (c) If an obligor is ordered to carry health insurance 
  5.7   coverage for the child and has not enrolled the child in health 
  5.8   insurance coverage, the public authority must forward a copy of 
  5.9   the national medical support notice to the obligor's employer or 
  5.10  union within two business days after the date the obligor is 
  5.11  entered into the work reporting system under section 256.998. 
  5.12     Sec. 5.  Minnesota Statutes 2001 Supplement, section 
  5.13  518.171, subdivision 4, is amended to read: 
  5.14     Subd. 4.  [EFFECT OF ORDER.] (a) The national medical 
  5.15  support notice or court order is binding on the employer or 
  5.16  union and the health and dental insurance plan when service 
  5.17  under subdivision 3 has been made.  In the case of an obligor 
  5.18  who changes employment and is required to provide health 
  5.19  coverage for the child, a new employer that provides health care 
  5.20  coverage shall enroll the child in the obligor's health plan 
  5.21  upon receipt of an order or notice for health insurance, unless 
  5.22  the obligor contests the enrollment.  
  5.23     (b) The obligor may contest the enrollment on the limited 
  5.24  grounds that the enrollment is improper due to mistake of fact 
  5.25  or that the enrollment meets the requirements of section 518.64, 
  5.26  subdivision 2.  If the obligor chooses to contest the 
  5.27  enrollment, the obligor must do so no later than 15 days after 
  5.28  the employer notifies the obligor of the enrollment, by doing 
  5.29  all of the following: 
  5.30     (1) filing a request for contested hearing motion in 
  5.31  district court or according to section 484.702 and the rules of 
  5.32  the expedited child support process if the public authority 
  5.33  provides support enforcement services; 
  5.34     (2) serving mailing a copy of the request for contested 
  5.35  hearing upon motion to the public authority if the public 
  5.36  authority provides support enforcement services and the obligee; 
  6.1   and 
  6.2      (3) securing a date for the contested hearing no later than 
  6.3   45 days after the notice of enrollment. 
  6.4      (b) The enrollment must remain in place during the time 
  6.5   period in which the obligor contests the withholding enrollment. 
  6.6      (c) An employer or union that is included under ERISA may 
  6.7   not deny enrollment based on exclusionary clauses described in 
  6.8   section 62A.048.  Upon application of the obligor according to 
  6.9   the order or notice, the employer or union and its health and 
  6.10  dental insurance plan shall enroll the minor child as a 
  6.11  beneficiary in the group insurance plan and withhold any 
  6.12  required premium from the obligor's income or wages.  If more 
  6.13  than one plan is offered by the employer or union, the child 
  6.14  shall be enrolled in the least costly health insurance plan 
  6.15  otherwise available to the obligor that is comparable to a 
  6.16  number two qualified plan.  If the obligor is not enrolled in a 
  6.17  health insurance plan, the employer or union shall also enroll 
  6.18  the obligor in the chosen plan if enrollment of the obligor is 
  6.19  necessary in order to obtain dependent coverage under the plan.  
  6.20  Enrollment of dependents and, if necessary, the obligor shall be 
  6.21  immediate and not dependent upon open enrollment periods.  
  6.22  Enrollment is not subject to the underwriting policies described 
  6.23  in section 62A.048.  
  6.24     (c) (d) An employer or union that willfully fails to comply 
  6.25  with the order is liable for any health or dental expenses 
  6.26  incurred by the dependents during the period of time the 
  6.27  dependents were eligible to be enrolled in the insurance 
  6.28  program, and for any other premium costs incurred because the 
  6.29  employer or union willfully failed to comply with the order.  An 
  6.30  employer or union that fails to comply with the order is subject 
  6.31  to contempt under section 518.615 and is also subject to a fine 
  6.32  of $500 to be paid to the obligee or public authority.  Fines 
  6.33  paid to the public authority are designated for child support 
  6.34  enforcement services. 
  6.35     (d) (e) Failure of the obligor to execute any documents 
  6.36  necessary to enroll the dependent in the group health and dental 
  7.1   insurance plan will not affect the obligation of the employer or 
  7.2   union and group health and dental insurance plan to enroll the 
  7.3   dependent in a plan.  Information and authorization provided by 
  7.4   the public authority responsible for child support enforcement, 
  7.5   or by the obligee or guardian, is valid for the purposes of 
  7.6   meeting enrollment requirements of the health plan.  
  7.7      (f) The insurance coverage for a child eligible under 
  7.8   subdivision 5 shall not be terminated except as authorized in 
  7.9   subdivision 5. 
  7.10     Sec. 6.  Minnesota Statutes 2000, section 518.171, is 
  7.11  amended by adding a subdivision to read: 
  7.12     Subd. 4a.  [EMPLOYER, UNION AND HEALTH PLAN ADMINISTRATOR 
  7.13  REQUIREMENTS.] (a) An employer or union must forward the 
  7.14  national medical support notice or court order to its health 
  7.15  plan within 20 business days after the date on the national 
  7.16  medical support notice or after receipt of the court order. 
  7.17     (b) If a health plan administrator receives a completed 
  7.18  national medical support notice or court order, the plan 
  7.19  administrator must notify the parties and the public authority 
  7.20  if the public authority provides support enforcement services 
  7.21  within 40 business days after the date of the notice or after 
  7.22  receipt of the court order, of the following: 
  7.23     (1) whether coverage is available to the child under the 
  7.24  terms of the health plan; 
  7.25     (2) whether the child is covered under the health plan; 
  7.26     (3) the effective date of the child's coverage under the 
  7.27  health plan; and 
  7.28     (4) what steps, if any, are required to effectuate the 
  7.29  child's coverage under the health plan.  The plan administrator 
  7.30  must also provide the parties and the public authority if the 
  7.31  public authority provides support enforcement services with a 
  7.32  notice of enrollment of the child, description of the coverage, 
  7.33  and any documents necessary to effectuate coverage. 
  7.34     (c) Upon determination by the health plan administrator 
  7.35  that the child may be covered under the health plan, the 
  7.36  employer or union and health plan must enroll the child as a 
  8.1   beneficiary in the health plan and withhold any required 
  8.2   premiums from the income or wages of the obligor. 
  8.3      (d) If more than one plan is offered by the employer or 
  8.4   union and the national medical support notice or court order 
  8.5   does not specify the plan to be carried, the plan administrator 
  8.6   must notify the parents and the public authority if the public 
  8.7   authority provides support enforcement services. 
  8.8      (e) If enrollment of the obligor is necessary to obtain 
  8.9   dependent health care coverage under the plan and the obligor is 
  8.10  not enrolled in the health plan, the employer or union must also 
  8.11  enroll the obligor in the plan. 
  8.12     Sec. 7.  Minnesota Statutes 2001 Supplement, section 
  8.13  518.171, subdivision 5, is amended to read: 
  8.14     Subd. 5.  [ELIGIBLE CHILD DISENROLLMENT; COVERAGE 
  8.15  OPTIONS.] (a) Unless a court order provides otherwise, a minor 
  8.16  child that an obligor is required to cover as a beneficiary 
  8.17  pursuant to this section is eligible for insurance coverage as a 
  8.18  dependent of the obligor until the child is emancipated or, 
  8.19  until further order of the court, or as consistent with the 
  8.20  terms of coverage.  The health or dental insurance carrier or 
  8.21  employer may not disenroll or eliminate coverage of the child 
  8.22  unless the health or dental insurance carrier or employer is 
  8.23  provided satisfactory written evidence that the court order is 
  8.24  no longer in effect, or the child is or will be enrolled in 
  8.25  comparable health coverage through another health or dental 
  8.26  insurance plan that will take effect no later than the effective 
  8.27  date of the disenrollment, or the employer has eliminated family 
  8.28  health and dental coverage for all of its employees employee is 
  8.29  no longer eligible for dependent coverage, or that the required 
  8.30  premium has not been paid by or on behalf of the child.  If 
  8.31  disenrollment or elimination of coverage of a child under this 
  8.32  subdivision is based upon nonpayment of premium, The health or 
  8.33  dental insurance plan must provide 30 days' written notice to 
  8.34  the obligee child's parents and the public authority if the 
  8.35  public authority provides support enforcement services prior to 
  8.36  the disenrollment or elimination of coverage for the child. 
  9.1      (b) If the public authority provides support enforcement 
  9.2   services and a plan administrator reports to the public 
  9.3   authority that there is more than one coverage option available 
  9.4   under the health plan, the public authority, in consultation 
  9.5   with the parent with whom the child resides, must promptly 
  9.6   select coverage from the available options. 
  9.7      Sec. 8.  Minnesota Statutes 2000, section 518.6111, 
  9.8   subdivision 8, is amended to read: 
  9.9      Subd. 8.  [CONTEST.] (a) The obligor may contest 
  9.10  withholding under subdivision 7 on the limited grounds that the 
  9.11  withholding or the amount withheld is improper due to mistake of 
  9.12  fact.  If the obligor chooses to contest the withholding, the 
  9.13  obligor must do so no later than 15 days after the employer 
  9.14  commences withholding, by doing all of the following: 
  9.15     (1) file a request for an expedited child support hearing 
  9.16  under section 484.702, and include in the request the alleged 
  9.17  mistake of fact; 
  9.18     (2) serve a copy of the request for contested hearing upon 
  9.19  the public authority and the obligee; and 
  9.20     (3) secure a date for the contested hearing no later than 
  9.21  45 days after receiving notice that withholding has 
  9.22  commenced upon proper motion pursuant to section 484.702 and the 
  9.23  rules of the expedited child support process. 
  9.24     (b) The income withholding must remain in place while the 
  9.25  obligor contests the withholding. 
  9.26     (c) If the court finds a mistake in the amount of the 
  9.27  arrearage to be withheld, the court shall continue the income 
  9.28  withholding, but it shall correct the amount of the arrearage to 
  9.29  be withheld. 
  9.30     Sec. 9.  Minnesota Statutes 2000, section 518.614, 
  9.31  subdivision 3, is amended to read: 
  9.32     Subd. 3.  [DUTIES OF PUBLIC AUTHORITY.] Within three 
  9.33  working days of receipt of sums released under subdivision 2, 
  9.34  the public authority shall remit to the obligee all amounts not 
  9.35  assigned under section 256.741 as current support or 
  9.36  maintenance.  The public authority shall also serve a copy of 
 10.1   the court's order and the provisions of section 518.6111 and 
 10.2   this section on the obligor's employer or other payor of funds 
 10.3   unless within 15 days after mailing of the notice of intent to 
 10.4   implement income withholding the obligor requests a hearing on 
 10.5   the issue of whether payment was in default as of the date of 
 10.6   the notice of default and serves notice of the request for 
 10.7   hearing on the public authority and the obligee makes a proper 
 10.8   motion pursuant to section 484.702 and the rules of the 
 10.9   expedited child support process.  The public authority shall 
 10.10  instruct the employer or payor of funds pursuant to section 
 10.11  518.6111 as to the effective date on which the next support or 
 10.12  maintenance payment is due.  The withholding process must begin 
 10.13  on said date and shall reflect the total credits of principal 
 10.14  and interest amounts received from the escrow account. 
 10.15     Sec. 10.  Minnesota Statutes 2000, section 518.614, 
 10.16  subdivision 4, is amended to read: 
 10.17     Subd. 4.  [HEARING.] Within 30 days of the date of the 
 10.18  notice of default under subdivision 2, clause (2), the court 
 10.19  must hold a hearing requested if a motion is brought by the 
 10.20  obligor as set forth in subdivision 2.  If the court finds that 
 10.21  there was a default, the court shall order the immediate 
 10.22  withholding of support or maintenance from the obligor's 
 10.23  income.  If the court finds that there was no default, the court 
 10.24  shall order the reestablishment of the escrow account by either 
 10.25  the obligee or obligor and continue the stay of income 
 10.26  withholding.  
 10.27     Sec. 11.  Minnesota Statutes 2000, section 518.617, 
 10.28  subdivision 2, is amended to read: 
 10.29     Subd. 2.  [COURT OPTIONS.] (a) If a court cites a person 
 10.30  for contempt under this section, and the obligor lives in a 
 10.31  county that contracts with the commissioner of human services 
 10.32  under section 256.997, the court may order the performance of 
 10.33  community service work up to 32 hours per week for six weeks for 
 10.34  each finding of contempt if the obligor:  
 10.35     (1) is able to work full time; 
 10.36     (2) works an average of less than 32 hours per week; and 
 11.1      (3) has actual weekly gross income averaging less than 40 
 11.2   times the federal minimum hourly wage under United States Code, 
 11.3   title 29, section 206(a)(1), or is voluntarily earning less than 
 11.4   the obligor has the ability to earn, as determined by the court. 
 11.5      An obligor is presumed to be able to work full time.  The 
 11.6   obligor has the burden of proving inability to work full time.  
 11.7      (b) A person ordered to do community service work under 
 11.8   paragraph (a) may, during the six-week period, apply to the 
 11.9   court, an administrative law judge a child support magistrate, 
 11.10  or the public authority to be released from the community 
 11.11  service work requirement if the person: 
 11.12     (1) provides proof to the court, an administrative law 
 11.13  judge a child support magistrate, or the public authority that 
 11.14  the person is gainfully employed and submits to an order for 
 11.15  income withholding under section 518.6111; 
 11.16     (2) enters into a written payment plan regarding both 
 11.17  current support and arrearages approved by the court, an 
 11.18  administrative law judge a child support magistrate, or the 
 11.19  public authority; or 
 11.20     (3) provides proof to the court, an administrative law 
 11.21  judge a child support magistrate, or the public authority that, 
 11.22  subsequent to entry of the order, the person's circumstances 
 11.23  have so changed that the person is no longer able to fulfill the 
 11.24  terms of the community service order. 
 11.25     Sec. 12.  Minnesota Statutes 2001 Supplement, section 
 11.26  518.6196, is amended to read: 
 11.27     518.6196 [COLLECTION; REVENUE RECAPTURE.] 
 11.28     The public authority may submit debt under chapter 270A 
 11.29  only if the obligor is in arrears in court-ordered child support 
 11.30  or maintenance payments, or both, in an amount greater than the 
 11.31  obligor's total monthly support and maintenance payments or if 
 11.32  the debt has been entered and docketed as a judgment under 
 11.33  section 548.091, subdivision 2a. 
 11.34     Sec. 13.  Minnesota Statutes 2000, section 548.091, 
 11.35  subdivision 1, is amended to read: 
 11.36     Subdivision 1.  [ENTRY AND DOCKETING OF MAINTENANCE 
 12.1   JUDGMENT.] (a) A judgment for unpaid amounts under a judgment or 
 12.2   decree of dissolution or legal separation that provides for 
 12.3   installment or periodic payments of maintenance shall be entered 
 12.4   by the court administrator when ordered by the court or shall be 
 12.5   entered and docketed by the court administrator when the 
 12.6   following conditions are met:  
 12.7      (1) the obligee determines that the obligor is at least 30 
 12.8   days in arrears; 
 12.9      (2) the obligee serves a copy of an affidavit of default 
 12.10  and notice of intent to enter and docket judgment on the obligor 
 12.11  by first class mail at the obligor's last known post office 
 12.12  address.  Service shall be deemed complete upon mailing in the 
 12.13  manner designated.  The affidavit shall state the full name, 
 12.14  occupation, place of residence, and last known post office 
 12.15  address of the obligor, the name and post office address of the 
 12.16  obligee, the date of the first unpaid amount, the date of the 
 12.17  last unpaid amount, and the total amount unpaid; 
 12.18     (3) the obligor fails within 20 days after mailing of the 
 12.19  notice either to pay all unpaid amounts or to request a hearing 
 12.20  on the issue of whether arrears claimed owing have been paid and 
 12.21  to seek, ex parte, a stay of entry of judgment; and 
 12.22     (4) not less than 20 days after service on the obligor in 
 12.23  the manner provided, the obligee files with the court 
 12.24  administrator the affidavit of default together with proof of 
 12.25  service and, if payments have been received by the obligee since 
 12.26  execution of the affidavit of default, a supplemental affidavit 
 12.27  setting forth the amount of payment received and the amount for 
 12.28  which judgment is to be entered and docketed. 
 12.29     (b) A judgment entered and docketed under this subdivision 
 12.30  has the same effect and is subject to the same procedures, 
 12.31  defenses, and proceedings as any other judgment in district 
 12.32  court, and may be enforced or satisfied in the same manner as 
 12.33  judgments under section 548.09. 
 12.34     (c) An obligor whose property is subject to the lien of a 
 12.35  judgment for installment of periodic payments of maintenance 
 12.36  under section 548.09, and who claims that no amount of 
 13.1   maintenance is in arrears, may move the court ex parte for an 
 13.2   order directing the court administrator to vacate the lien of 
 13.3   the judgment on the docket and register of the action where it 
 13.4   was entered.  The obligor shall file with the motion an 
 13.5   affidavit stating: 
 13.6      (1) the lien attached upon the docketing of a judgment or 
 13.7   decree of dissolution or separate maintenance; 
 13.8      (2) the docket was made while no installment or periodic 
 13.9   payment of maintenance was unpaid or overdue; and 
 13.10     (3) no installment or periodic payment of maintenance that 
 13.11  was due prior to the filing of the motion remains unpaid or 
 13.12  overdue. 
 13.13     The court shall grant the obligor's motion as soon as 
 13.14  possible if the pleadings and affidavit show that there is and 
 13.15  has been no default.  
 13.16     Sec. 14.  Minnesota Statutes 2001 Supplement, section 
 13.17  548.091, subdivision 1a, is amended to read: 
 13.18     Subd. 1a.  [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.] 
 13.19  (a) Any payment or installment of support required by a judgment 
 13.20  or decree of dissolution or legal separation, determination of 
 13.21  parentage, an order under chapter 518C, an order under section 
 13.22  256.87, or an order under section 260B.331 or 260C.331, that is 
 13.23  not paid or withheld from the obligor's income as required under 
 13.24  section 518.6111, or which is ordered as child support by 
 13.25  judgment, decree, or order by a court in any other state, is a 
 13.26  judgment by operation of law on and after the date it is due, is 
 13.27  entitled to full faith and credit in this state and any other 
 13.28  state, and shall be entered and docketed by the court 
 13.29  administrator on the filing of affidavits as provided in 
 13.30  subdivision 2a.  Except as otherwise provided by paragraph (b), 
 13.31  interest accrues from the date the unpaid amount due is greater 
 13.32  than the current support due at the annual rate provided in 
 13.33  section 549.09, subdivision 1, plus two percent, not to exceed 
 13.34  an annual rate of 18 percent.  A payment or installment of 
 13.35  support that becomes a judgment by operation of law between the 
 13.36  date on which a party served notice of a motion for modification 
 14.1   under section 518.64, subdivision 2, and the date of the court's 
 14.2   order on modification may be modified under that subdivision. 
 14.3      (b) Notwithstanding the provisions of section 549.09, upon 
 14.4   motion to the court and upon proof by the obligor of 36 
 14.5   consecutive months of complete and timely payments of both 
 14.6   current support and court-ordered paybacks of a child support 
 14.7   debt or arrearage, the court may order interest on the remaining 
 14.8   debt or arrearage to stop accruing.  Timely payments are those 
 14.9   made in the month in which they are due.  If, after that time, 
 14.10  the obligor fails to make complete and timely payments of both 
 14.11  current support and court-ordered paybacks of child support debt 
 14.12  or arrearage, the public authority or the obligee may move the 
 14.13  court for the reinstatement of interest as of the month in which 
 14.14  the obligor ceased making complete and timely payments. 
 14.15     The court shall provide copies of all orders issued under 
 14.16  this section to the public authority.  The commissioner of human 
 14.17  services state court administrator shall prepare and make 
 14.18  available to the court and the parties forms to be submitted by 
 14.19  the parties in support of a motion under this paragraph. 
 14.20     (c) Notwithstanding the provisions of section 549.09, upon 
 14.21  motion to the court, the court may order interest on a child 
 14.22  support debt to stop accruing where the court finds that the 
 14.23  obligor is: 
 14.24     (1) unable to pay support because of a significant physical 
 14.25  or mental disability; 
 14.26     (2) a recipient of Supplemental Security Income (SSI), 
 14.27  Title II Older Americans Survivor's Disability Insurance 
 14.28  (OASDI), other disability benefits, or public assistance based 
 14.29  upon need; or 
 14.30     (3) institutionalized or incarcerated for at least 30 days 
 14.31  for an offense other than nonsupport of the child or children 
 14.32  involved, and is otherwise financially unable to pay support. 
 14.33     Sec. 15.  Minnesota Statutes 2000, section 548.091, 
 14.34  subdivision 2a, is amended to read: 
 14.35     Subd. 2a.  [ENTRY AND DOCKETING OF CHILD SUPPORT JUDGMENT.] 
 14.36  (a) On or after the date an unpaid amount becomes a judgment by 
 15.1   operation of law under subdivision 1a, the obligee or the public 
 15.2   authority may file with the court administrator: 
 15.3      (1) a statement identifying, or a copy of, the judgment or 
 15.4   decree of dissolution or legal separation, determination of 
 15.5   parentage, order under chapter 518B or 518C, an order under 
 15.6   section 256.87, an order under section 260B.331 or 260C.331, or 
 15.7   judgment, decree, or order for child support by a court in any 
 15.8   other state, which provides for periodic installments of child 
 15.9   support, or a judgment or notice of attorney fees and collection 
 15.10  costs under section 518.14, subdivision 2; 
 15.11     (2) an affidavit of default.  The affidavit of default must 
 15.12  state the full name, occupation, place of residence, and last 
 15.13  known post office address of the obligor, the name and post 
 15.14  office address of the obligee, the date or dates payment was due 
 15.15  and not received and judgment was obtained by operation of law, 
 15.16  the total amount of the judgments to be entered and docketed; 
 15.17  and 
 15.18     (3) an affidavit of service of a notice of intent to enter 
 15.19  and docket judgment and to recover attorney fees and collection 
 15.20  costs on the obligor, in person or by first class mail at the 
 15.21  obligor's last known post office address.  Service is completed 
 15.22  upon mailing in the manner designated.  Where applicable, a 
 15.23  notice of interstate lien in the form promulgated under United 
 15.24  States Code, title 42, section 652(a), is sufficient to satisfy 
 15.25  the requirements of clauses (1) and (2). 
 15.26     (b) A judgment entered and docketed under this subdivision 
 15.27  has the same effect and is subject to the same procedures, 
 15.28  defenses, and proceedings as any other judgment in district 
 15.29  court, and may be enforced or satisfied in the same manner as 
 15.30  judgments under section 548.09, except as otherwise provided. 
 15.31     Sec. 16.  Laws 2001, chapter 202, section 19, is amended to 
 15.32  read: 
 15.33     Sec. 19.  [NONCUSTODIAL PARENT PROGRAM.] 
 15.34     Notwithstanding Minnesota Statutes, section 13.46, until 
 15.35  August 1, 2002 2005, the public authority responsible for child 
 15.36  support enforcement and an agency administering the noncustodial 
 16.1   parent employment and support services program under contract 
 16.2   with the department of human services in Hennepin county may 
 16.3   exchange data on current and former program participants for 
 16.4   purposes of evaluating the program.  Any private agency 
 16.5   administering the program must agree to be bound by Minnesota 
 16.6   Statutes, chapter 13.