HF 163

as introduced - 88th Legislature (2013 - 2014) Posted on 01/24/2013 01:28pm

A bill for an act
relating to child support; allowing for suspension or reinstatement of medical
support contributions in certain situations; amending Minnesota Statutes 2012,
section 518A.41, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 518A.41, is amended by adding a
subdivision to read:

new text begin Subd. 16a. new text end

new text begin Suspension or reinstatement of medical support contribution. new text end

new text begin (a)
If a party is the parent with primary physical custody, as defined in section 518A.26,
subdivision 17, and is ordered to carry dependent health care coverage for the joint child
but fails to carry the court-ordered dependent health care coverage, the public authority
may suspend the medical support obligation of the other party if that party has been
court-ordered to contribute to the cost of the dependent health care coverage carried by the
parent with primary physical custody for the joint child.
new text end

new text begin (b) When the public authority is notified of the failure to carry the court-ordered
health care coverage, the public authority shall provide notice to both parties that the other
party's obligation to contribute to the cost of the dependent health care coverage shall be
suspended 30 days after the date of the notice unless within 30 days:
new text end

new text begin (1) proof of dependent health care coverage is provided to the public authority;
new text end

new text begin (2) either party contests the action by making a written request for a hearing; or
new text end

new text begin (3) either party files a motion to modify under section 518A.39.
new text end

new text begin (c) If a timely written request for hearing is made, the public authority must schedule
the hearing and send written notice of the hearing to the parties by United States mail to
each party's last known address at least 14 days before the hearing. The hearing must be
conducted in district court or in the expedited child support process if section 484.702
applies.
new text end

new text begin (d) If the medical support obligation is suspended either administratively after due
notice or by court order after a hearing and proof of dependent health care coverage for the
joint child is provided to the public authority, the public authority shall provide notice to
both parties that the medical support obligation will be reinstated 30 days after the date of
the notice. If one of the parties wishes to contest the reinstatement of the medical support
obligation, the party shall follow the procedure set forth in paragraph (b), and the public
authority shall follow the procedure set forth in paragraph (c).
new text end

new text begin (e) At the hearing under paragraph (c) or (d), the district court or child support
magistrate must determine whether the suspension or reinstatement of the medical support
contribution is appropriate, and if appropriate, the effective date of the suspension or
reinstatement.
new text end