1.1 	A bill for an act
1.2 	relating to child support; authorizing the public authority to redirect child support 
1.3 	payments;amending Minnesota Statutes 2004, sections 518.5513, subdivision 5; 
1.4 	518.57, subdivision 1.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 518.5513, subdivision 5, is amended to 
1.7 	read:
1.8 		Subd. 5.Administrative authority. (a) The public authority may take the 
1.9 	following actions relating to establishment of paternity or to establishment, modification, 
1.10 	or enforcement of support orders, without the necessity of obtaining an order from any 
1.11 	judicial or administrative tribunal:
1.12 	(1) recognize and enforce orders of child support agencies of other states;
1.13 	(2) upon request for genetic testing by a child, parent, or any alleged parent, and 
1.14 	using the procedure in paragraph (b), order the child, parent, or alleged parent to submit to 
1.15 	blood or genetic testing for the purpose of establishing paternity;
1.16 	(3) subpoena financial or other information needed to establish, modify, or enforce a 
1.17 	child support order and sanction a party for failure to respond to a subpoena;
1.18 	(4) upon notice to the obligor, obligee, and the appropriate court, direct the obligor 
1.19 	or other payor to change the payee to the central collections unit under sections  518.5851
1.20 	to  518.5853; 
1.21 	(5) order income withholding of child support under section  518.6111 and sanction 
1.22 	an employer or payor of funds pursuant to section  393.07, subdivision 9a, for failing to 
1.23 	comply with an income withholding notice; 
2.1 	(6) secure assets to satisfy the debt or arrearage in cases in which there is a support 
2.2 	debt or arrearage by:
2.3 	(i) intercepting or seizing periodic or lump sum payments from state or local 
2.4 	agencies, including unemployment benefits, workers' compensation payments, judgments, 
2.5 	settlements, lotteries, and other lump sum payments;
2.6 	(ii) attaching and seizing assets of the obligor held in financial institutions or public 
2.7 	or private retirement funds; and
2.8 	(iii) imposing liens in accordance with section  548.091 and, in appropriate cases, 
2.9 	forcing the sale of property and the distribution of proceeds; 
2.10 	(7) for the purpose of securing overdue support, increase the amount of the monthly 
2.11 	support payments by an additional amount equal to 20 percent of the monthly support 
2.12 	payment to include amounts for debts or arrearages; and
2.13 	(8) subpoena an employer or payor of funds to provide promptly information on the 
2.14 	employment, compensation, and benefits of an individual employed by that employer as 
2.15 	an employee or contractor, and sanction an employer or payor of funds pursuant to section  
2.16 	393.07, subdivision 9a, for failure to respond to the subpoena.;
2.17 	(9) redirect support payments to the local social service agency when a child for 
2.18 	whom support is payable is placed into foster care; and
2.19 	(10) redirect support payments under the support order to the person who has had, 
2.20 	for at least 30 days, lawful physical custody of the child or custody with the obligee's 
2.21 	consent. The obligee may file an application for an adjudicative proceeding to challenge 
2.22 	distribution to such other person. Prior to distributing support payments to any person 
2.23 	other than the obligee, the public authority shall:
2.24 	(i) obtain a written statement from the child's physical custodian, under penalty of 
2.25 	perjury, that the custodian has lawful custody of the child or custody with the obligee's 
2.26 	consent;
2.27 	(ii) mail to the responsible parent and to the obligee at the obligee's last known 
2.28 	address a copy of the physical custodian's statement and a notice which states that support 
2.29 	payments will be sent to the physical custodian; and
2.30 	(iii) file a copy of the notice with the clerk of the court that entered the original 
2.31 	support order.
2.32 	(b) A request for genetic testing by a child, parent, or alleged parent must be 
2.33 	supported by a sworn statement by the person requesting genetic testing alleging paternity, 
2.34 	which sets forth facts establishing a reasonable possibility of the requisite sexual contact 
2.35 	between the parties, or denying paternity, and setting forth facts establishing a reasonable 
2.36 	possibility of the nonexistence of sexual contact between the alleged parties. The order for 
3.1 	genetic tests may be served anywhere within the state and served outside the state in the 
3.2 	same manner as prescribed by law for service of subpoenas issued by the district court of 
3.3 	this state. If the child, parent, or alleged parent fails to comply with the genetic testing 
3.4 	order, the public authority may seek to enforce that order in district court through a motion 
3.5 	to compel testing. No results obtained through genetic testing done in response to an order 
3.6 	issued under this section may be used in any criminal proceeding.
3.7 	(c) Subpoenas may be served anywhere within the state and served outside the 
3.8 	state in the same manner as prescribed by law for service of process of subpoenas issued 
3.9 	by the district court of this state. When a subpoena under this subdivision is served on 
3.10 	a third-party recordkeeper, written notice of the subpoena shall be mailed to the person 
3.11 	who is the subject of the subpoenaed material at the person's last known address within 
3.12 	three days of the day the subpoena is served. This notice provision does not apply if there 
3.13 	is reasonable cause to believe the giving of the notice may lead to interference with the 
3.14 	production of the subpoenaed documents.
3.15 	(d) A person served with a subpoena may make a written objection to the public 
3.16 	authority or court before the time specified in the subpoena for compliance. The public 
3.17 	authority or the court shall cancel or modify the subpoena, if appropriate. The public 
3.18 	authority shall pay the reasonable costs of producing the documents, if requested.
3.19 	(e) Subpoenas are enforceable in the same manner as subpoenas of the district court. 
3.20 	Upon motion of the county attorney, the court may issue an order directing the production 
3.21 	of the records. Failure to comply with the court order may subject the person who fails to 
3.22 	comply to civil or criminal contempt of court.
3.23 	(f) The administrative actions under this subdivision are subject to due process 
3.24 	safeguards, including requirements for notice, opportunity to contest the action, and 
3.25 	opportunity to appeal the order to the judge, judicial officer, or child support magistrate.

3.26 	Sec. 2. Minnesota Statutes 2004, section 518.57, subdivision 1, is amended to read:
3.27 		Subdivision 1.Order. Upon a decree of dissolution, legal separation, or annulment, 
3.28 	the court shall make a further order which is just and proper concerning the maintenance 
3.29 	of the minor children as provided by section  518.551, and for the maintenance of any child 
3.30 	of the parties as defined in section  518.54, as support money. Each support order must be 
3.31 	written to provide that the public authority shall forward the child support payments to the 
3.32 	person, or agency, that has physical custody of the child. The court may make any child 
3.33 	support order a lien or charge upon the property of the obligor, either at the time of the 
3.34 	entry of the judgment or by subsequent order upon proper application.