HF 937

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to child support enforcement; classifying 
  1.3             certain data; requiring additional information; 
  1.4             clarifying and improving certain procedures and 
  1.5             support enforcement provisions; clarifying a funding 
  1.6             provision; amending Minnesota Statutes 2002, sections 
  1.7             13.69, subdivision 1; 171.06, subdivision 3; 518.171, 
  1.8             subdivision 7; 518.551, subdivisions 5, 12, 13; 
  1.9             518.6111, subdivision 7; 518.68, subdivision 2; 
  1.10            548.091, subdivision 1a; 552.01, subdivisions 2, 3, 5, 
  1.11            7; 552.04, subdivision 15; 552.06, subdivisions 1, 2, 
  1.12            5, 6; 609.375, subdivision 2b; Laws 1997, chapter 245, 
  1.13            article 2, section 11; proposing coding for new law in 
  1.14            Minnesota Statutes, chapter 97A. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2002, section 13.69, 
  1.17  subdivision 1, is amended to read: 
  1.18     Subdivision 1.  [CLASSIFICATIONS.] (a) The following 
  1.19  government data of the department of public safety are private 
  1.20  data:  
  1.21     (1) medical data on driving instructors, licensed drivers, 
  1.22  and applicants for parking certificates and special license 
  1.23  plates issued to physically handicapped persons; 
  1.24     (2) other data on holders of a disability certificate under 
  1.25  section 169.345, except that data that are not medical data may 
  1.26  be released to law enforcement agencies; 
  1.27     (3) social security numbers in driver's license and motor 
  1.28  vehicle registration records, except that social security 
  1.29  numbers must be provided to the department of revenue for 
  1.30  purposes of tax administration and, the department of labor and 
  2.1   industry for purposes of workers' compensation administration 
  2.2   and enforcement, and the department of natural resources for 
  2.3   purposes of license application administration; and 
  2.4      (4) data on persons listed as standby or temporary 
  2.5   custodians under section 171.07, subdivision 11, except that the 
  2.6   data must be released to: 
  2.7      (i) law enforcement agencies for the purpose of verifying 
  2.8   that an individual is a designated caregiver; or 
  2.9      (ii) law enforcement agencies who state that the license 
  2.10  holder is unable to communicate at that time and that the 
  2.11  information is necessary for notifying the designated caregiver 
  2.12  of the need to care for a child of the license holder.  
  2.13     (b) The following government data of the department of 
  2.14  public safety are confidential data:  data concerning an 
  2.15  individual's driving ability when that data is received from a 
  2.16  member of the individual's family. 
  2.17     Sec. 2.  [97A.482] [LICENSE APPLICATIONS; COLLECTION OF 
  2.18  SOCIAL SECURITY NUMBERS.] 
  2.19     (a) All applicants for individual noncommercial game and 
  2.20  fish licenses under this chapter and chapters 97B and 97C must 
  2.21  include the applicant's social security number on the license 
  2.22  application.  If an applicant does not have a social security 
  2.23  number, the applicant must certify that the applicant does not 
  2.24  have a social security number. 
  2.25     (b) The social security numbers collected by the 
  2.26  commissioner on game and fish license applications are private 
  2.27  data under section 13.49, subdivision 1, and must be provided by 
  2.28  the commissioner to the commissioner of human services for child 
  2.29  support enforcement purposes.  Title IV-D of the Social Security 
  2.30  Act, United States Code, title 42, section 666(a)(13), requires 
  2.31  the collection of social security numbers on game and fish 
  2.32  license applications for child support enforcement purposes. 
  2.33     Sec. 3.  Minnesota Statutes 2002, section 171.06, 
  2.34  subdivision 3, is amended to read: 
  2.35     Subd. 3.  [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 
  2.36  An application must: 
  3.1      (1) state the full name, date of birth, sex, and residence 
  3.2   address of the applicant; 
  3.3      (2) as may be required by the commissioner, contain a 
  3.4   description of the applicant and any other facts pertaining to 
  3.5   the applicant, the applicant's driving privileges, and the 
  3.6   applicant's ability to operate a motor vehicle with safety; 
  3.7      (3) for a class C, class B, or class A driver's license, 
  3.8   state: 
  3.9      (i) the applicant's social security number or, for a class 
  3.10  D driver's license, have a space for the applicant's social 
  3.11  security number and state that providing the number is optional, 
  3.12  or otherwise convey that the applicant is not required to enter 
  3.13  the social security number; or 
  3.14     (ii) if the applicant does not have a social security 
  3.15  number and is applying for a Minnesota identification card, 
  3.16  instruction permit, or class D provisional or driver's license, 
  3.17  that the applicant certifies that the applicant does not have a 
  3.18  social security number; 
  3.19     (4) contain a space where the applicant may indicate a 
  3.20  desire to make an anatomical gift according to paragraph (b); 
  3.21  and 
  3.22     (5) contain a notification to the applicant of the 
  3.23  availability of a living will/health care directive designation 
  3.24  on the license under section 171.07, subdivision 7.  
  3.25     (b) If the applicant does not indicate a desire to make an 
  3.26  anatomical gift when the application is made, the applicant must 
  3.27  be offered a donor document in accordance with section 171.07, 
  3.28  subdivision 5.  The application must contain statements 
  3.29  sufficient to comply with the requirements of the Uniform 
  3.30  Anatomical Gift Act (1987), sections 525.921 to 525.9224, so 
  3.31  that execution of the application or donor document will make 
  3.32  the anatomical gift as provided in section 171.07, subdivision 
  3.33  5, for those indicating a desire to make an anatomical gift.  
  3.34  The application must be accompanied by information describing 
  3.35  Minnesota laws regarding anatomical gifts and the need for and 
  3.36  benefits of anatomical gifts, and the legal implications of 
  4.1   making an anatomical gift, including the law governing 
  4.2   revocation of anatomical gifts.  The commissioner shall 
  4.3   distribute a notice that must accompany all applications for and 
  4.4   renewals of a driver's license or Minnesota identification 
  4.5   card.  The notice must be prepared in conjunction with a 
  4.6   Minnesota organ procurement organization that is certified by 
  4.7   the federal Department of Health and Human Services and must 
  4.8   include: 
  4.9      (1) a statement that provides a fair and reasonable 
  4.10  description of the organ donation process, the care of the donor 
  4.11  body after death, and the importance of informing family members 
  4.12  of the donation decision; and 
  4.13     (2) a telephone number in a certified Minnesota organ 
  4.14  procurement organization that may be called with respect to 
  4.15  questions regarding anatomical gifts. 
  4.16     (c) The application must be accompanied also by information 
  4.17  containing relevant facts relating to:  
  4.18     (1) the effect of alcohol on driving ability; 
  4.19     (2) the effect of mixing alcohol with drugs; 
  4.20     (3) the laws of Minnesota relating to operation of a motor 
  4.21  vehicle while under the influence of alcohol or a controlled 
  4.22  substance; and 
  4.23     (4) the levels of alcohol-related fatalities and accidents 
  4.24  in Minnesota and of arrests for alcohol-related violations. 
  4.25     Sec. 4.  Minnesota Statutes 2002, section 518.171, 
  4.26  subdivision 7, is amended to read: 
  4.27     Subd. 7.  [RELEASE OF INFORMATION.] (a) The employer, 
  4.28  union, or insurance agent of either party shall release to the 
  4.29  public authority, upon request, any information relating to 
  4.30  dependent health or dental insurance coverage available to the 
  4.31  party in order to verify availability of dependent insurance 
  4.32  coverage or to establish, modify, or enforce medical support. 
  4.33     (b) When an order for dependent insurance coverage is in 
  4.34  effect, the obligor's employer, union, or insurance agent shall 
  4.35  release to the obligee or the public authority, upon request, 
  4.36  information on the dependent coverage, including the name of the 
  5.1   health or dental insurance carrier or employer.  The employer, 
  5.2   union, or health or dental insurance plan shall provide the 
  5.3   obligee with insurance identification cards and all necessary 
  5.4   written information to enable the obligee to utilize the 
  5.5   insurance benefits for the covered dependents.  Notwithstanding 
  5.6   any other law, information reported pursuant to section 268.044 
  5.7   shall be released to the public agency responsible for support 
  5.8   enforcement that is enforcing an order for health or dental 
  5.9   insurance coverage under this section.  The public agency 
  5.10  responsible for support enforcement is authorized to release to 
  5.11  the obligor's health or dental insurance carrier or employer 
  5.12  information necessary to obtain or enforce medical support. 
  5.13     (c) The public agency responsible for child support 
  5.14  enforcement is authorized to release to a party's health or 
  5.15  dental insurance carrier or employer information necessary to 
  5.16  verify availability of dependent insurance coverage or to 
  5.17  establish, modify, or enforce medical support. 
  5.18     Sec. 5.  Minnesota Statutes 2002, section 518.551, 
  5.19  subdivision 5, is amended to read: 
  5.20     Subd. 5.  [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 
  5.21  petitioner shall notify the public authority of all proceedings 
  5.22  for dissolution, legal separation, determination of parentage or 
  5.23  for the custody of a child, if either party is receiving public 
  5.24  assistance or applies for it subsequent to the commencement of 
  5.25  the proceeding.  The notice must contain the full names of the 
  5.26  parties to the proceeding, their social security account 
  5.27  numbers, and their birth dates.  After receipt of the notice, 
  5.28  the court shall set child support as provided in this 
  5.29  subdivision.  The court may order either or both parents owing a 
  5.30  duty of support to a child of the marriage to pay an amount 
  5.31  reasonable or necessary for the child's support, without regard 
  5.32  to marital misconduct.  The court shall approve a child support 
  5.33  stipulation of the parties if each party is represented by 
  5.34  independent counsel, unless the stipulation does not meet the 
  5.35  conditions of paragraph (i).  In other cases the court shall 
  5.36  determine and order child support in a specific dollar amount in 
  6.1   accordance with the guidelines and the other factors set forth 
  6.2   in paragraph (c) and any departure therefrom.  The court may 
  6.3   also order the obligor to pay child support in the form of a 
  6.4   percentage share of the obligor's net bonuses, commissions, or 
  6.5   other forms of compensation, in addition to, or if the obligor 
  6.6   receives no base pay, in lieu of, an order for a specific dollar 
  6.7   amount. 
  6.8      (b) The court shall derive a specific dollar amount for 
  6.9   child support by multiplying the obligor's net income by the 
  6.10  percentage indicated by the following guidelines:  
  6.11  Net Income Per            Number of Children 
  6.12  Month of Obligor 
  6.13                1     2     3     4     5     6    7 or 
  6.14                                                   more 
  6.15  $550 and Below     Order based on the ability of the 
  6.16                     obligor to provide support  
  6.17                     at these income levels, or at higher  
  6.18                     levels, if the obligor has 
  6.19                     the earning ability. 
  6.20  $551 - 600   16%   19%   22%   25%   28%   30%   32% 
  6.21  $601 - 650   17%   21%   24%   27%   29%   32%   34% 
  6.22  $651 - 700   18%   22%   25%   28%   31%   34%   36% 
  6.23  $701 - 750   19%   23%   27%   30%   33%   36%   38% 
  6.24  $751 - 800   20%   24%   28%   31%   35%   38%   40% 
  6.25  $801 - 850   21%   25%   29%   33%   36%   40%   42% 
  6.26  $851 - 900   22%   27%   31%   34%   38%   41%   44% 
  6.27  $901 - 950   23%   28%   32%   36%   40%   43%   46% 
  6.28  $951 - 1000  24%   29%   34%   38%   41%   45%   48% 
  6.29  $1001- 5000  25%   30%   35%   39%   43%   47%   50% 
  6.30  or the amount 
  6.31  in effect under
  6.32  paragraph (k)
  6.33     Guidelines for support for an obligor with a monthly income 
  6.34  in excess of the income limit currently in effect under 
  6.35  paragraph (k) shall be the same dollar amounts as provided for 
  6.36  in the guidelines for an obligor with a monthly income equal to 
  7.1   the limit in effect. 
  7.2   Net Income defined as: 
  7.3            
  7.4            Total monthly 
  7.5            income less           *(i) Federal Income Tax 
  7.6                                 *(ii) State Income Tax 
  7.7                                 (iii) Social Security
  7.8                                        Deductions 
  7.9                                  (iv) Reasonable
  7.10                                       Pension Deductions
  7.11           *Standard 
  7.12           Deductions apply-      (v) Union Dues 
  7.13           use of tax tables     (vi) Cost of Dependent Health
  7.14           recommended                 Insurance Coverage  
  7.15                                (vii) Cost of Individual or Group
  7.16                                       Health/Hospitalization
  7.17                                       Coverage or an        
  7.18                                       Amount for Actual 
  7.19                                       Medical Expenses   
  7.20                               (viii) A Child Support or  
  7.21                                       Maintenance Order that is
  7.22                                       Currently Being Paid, not 
  7.23                                       including payments or orders
  7.24                                       for child support or
  7.25                                       maintenance debts or
  7.26                                       arrears.
  7.27     "Net income" does not include: 
  7.28     (1) the income of the obligor's spouse, but does include 
  7.29  in-kind payments received by the obligor in the course of 
  7.30  employment, self-employment, or operation of a business if the 
  7.31  payments reduce the obligor's living expenses; or 
  7.32     (2) compensation received by a party for employment in 
  7.33  excess of a 40-hour work week, provided that: 
  7.34     (i) support is nonetheless ordered in an amount at least 
  7.35  equal to the guidelines amount based on income not excluded 
  7.36  under this clause; and 
  8.1      (ii) the party demonstrates, and the court finds, that: 
  8.2      (A) the excess employment began after the filing of the 
  8.3   petition for dissolution; 
  8.4      (B) the excess employment reflects an increase in the work 
  8.5   schedule or hours worked over that of the two years immediately 
  8.6   preceding the filing of the petition; 
  8.7      (C) the excess employment is voluntary and not a condition 
  8.8   of employment; 
  8.9      (D) the excess employment is in the nature of additional, 
  8.10  part-time or overtime employment compensable by the hour or 
  8.11  fraction of an hour; and 
  8.12     (E) the party's compensation structure has not been changed 
  8.13  for the purpose of affecting a support or maintenance obligation.
  8.14     The court shall review the work-related and 
  8.15  education-related child care costs paid and shall allocate the 
  8.16  costs to each parent in proportion to each parent's net income, 
  8.17  as determined under this subdivision, after the transfer of 
  8.18  child support and spousal maintenance, unless the allocation 
  8.19  would be substantially unfair to either parent.  There is a 
  8.20  presumption of substantial unfairness if after the sum total of 
  8.21  child support, spousal maintenance, and child care costs is 
  8.22  subtracted from the obligor's income, the income is at or below 
  8.23  100 percent of the federal poverty guidelines.  The cost of 
  8.24  child care for purposes of this paragraph is 75 percent of the 
  8.25  actual cost paid for child care, to reflect the approximate 
  8.26  value of state and federal tax credits available to the 
  8.27  obligee.  The actual cost paid for child care is the total 
  8.28  amount received by the child care provider for the child or 
  8.29  children of the obligor from the obligee or any public agency.  
  8.30  The court shall require verification of employment or school 
  8.31  attendance and documentation of child care expenses from the 
  8.32  obligee and the public agency, if applicable.  If child care 
  8.33  expenses fluctuate during the year because of seasonal 
  8.34  employment or school attendance of the obligee or extended 
  8.35  periods of parenting time with the obligor, the court shall 
  8.36  determine child care expenses based on an average monthly cost.  
  9.1   The amount allocated for child care expenses is considered child 
  9.2   support but is not subject to a cost-of-living adjustment under 
  9.3   section 518.641.  If a court order provides for child care 
  9.4   expenses and the public authority provides child support 
  9.5   enforcement services, the collection of the amount allocated for 
  9.6   child care expenses terminates must be suspended when either 
  9.7   party notifies informs the public authority that the no child 
  9.8   care costs have ended and without any legal action on the part 
  9.9   of either party are being incurred and the public authority 
  9.10  verifies the accuracy of the information with the other party.  
  9.11  The public authority shall verify the information received under 
  9.12  this provision before authorizing termination.  The termination 
  9.13  is effective as of the date of the notification. resume 
  9.14  collection of the amount allocated for child care expenses when 
  9.15  either party provides information that child care costs have 
  9.16  resumed.  If the parties provide conflicting information to the 
  9.17  public authority regarding whether or not child care expenses 
  9.18  are being incurred, the collection of the amount allocated for 
  9.19  child care expenses must continue or resume.  Either party, 
  9.20  through motion to the court, may challenge the suspension or 
  9.21  resumption of the collection of the amount allocated for child 
  9.22  care expenses.  All provisions of the court order remain in 
  9.23  effect even though the public authority suspends collection 
  9.24  activities for the amount allocated for child care expenses.  In 
  9.25  these and other cases where there is a substantial increase or 
  9.26  decrease in child care expenses, the parties may modify the 
  9.27  order under section 518.64. 
  9.28     The court may allow the obligor parent to care for the 
  9.29  child while the obligee parent is working, as provided in 
  9.30  section 518.175, subdivision 8, but this is not a reason to 
  9.31  deviate from the guidelines. 
  9.32     (c) In addition to the child support guidelines, the court 
  9.33  shall take into consideration the following factors in setting 
  9.34  or modifying child support or in determining whether to deviate 
  9.35  from the guidelines: 
  9.36     (1) all earnings, income, and resources of the parents, 
 10.1   including real and personal property, but excluding income from 
 10.2   excess employment of the obligor or obligee that meets the 
 10.3   criteria of paragraph (b), clause (2)(ii); 
 10.4      (2) the financial needs and resources, physical and 
 10.5   emotional condition, and educational needs of the child or 
 10.6   children to be supported; 
 10.7      (3) the standard of living the child would have enjoyed had 
 10.8   the marriage not been dissolved, but recognizing that the 
 10.9   parents now have separate households; 
 10.10     (4) which parent receives the income taxation dependency 
 10.11  exemption and what financial benefit the parent receives from 
 10.12  it; 
 10.13     (5) the parents' debts as provided in paragraph (d); and 
 10.14     (6) the obligor's receipt of public assistance under the 
 10.15  AFDC program formerly codified under sections 256.72 to 256.82 
 10.16  or 256B.01 to 256B.40 and chapter 256J or 256K.  
 10.17     (d) In establishing or modifying a support obligation, the 
 10.18  court may consider debts owed to private creditors, but only if: 
 10.19     (1) the right to support has not been assigned under 
 10.20  section 256.741; 
 10.21     (2) the court determines that the debt was reasonably 
 10.22  incurred for necessary support of the child or parent or for the 
 10.23  necessary generation of income.  If the debt was incurred for 
 10.24  the necessary generation of income, the court shall consider 
 10.25  only the amount of debt that is essential to the continuing 
 10.26  generation of income; and 
 10.27     (3) the party requesting a departure produces a sworn 
 10.28  schedule of the debts, with supporting documentation, showing 
 10.29  goods or services purchased, the recipient of them, the amount 
 10.30  of the original debt, the outstanding balance, the monthly 
 10.31  payment, and the number of months until the debt will be fully 
 10.32  paid. 
 10.33     (e) Any schedule prepared under paragraph (d), clause (3), 
 10.34  shall contain a statement that the debt will be fully paid after 
 10.35  the number of months shown in the schedule, barring emergencies 
 10.36  beyond the party's control.  
 11.1      (f) Any further departure below the guidelines that is 
 11.2   based on a consideration of debts owed to private creditors 
 11.3   shall not exceed 18 months in duration, after which the support 
 11.4   shall increase automatically to the level ordered by the court.  
 11.5   Nothing in this section shall be construed to prohibit one or 
 11.6   more step increases in support to reflect debt retirement during 
 11.7   the 18-month period.  
 11.8      (g) If payment of debt is ordered pursuant to this section, 
 11.9   the payment shall be ordered to be in the nature of child 
 11.10  support.  
 11.11     (h) Nothing shall preclude the court from receiving 
 11.12  evidence on the above factors to determine if the guidelines 
 11.13  should be exceeded or modified in a particular case.  
 11.14     (i) The guidelines in this subdivision are a rebuttable 
 11.15  presumption and shall be used in all cases when establishing or 
 11.16  modifying child support.  If the court does not deviate from the 
 11.17  guidelines, the court shall make written findings concerning the 
 11.18  amount of the obligor's income used as the basis for the 
 11.19  guidelines calculation and any other significant evidentiary 
 11.20  factors affecting the determination of child support.  If the 
 11.21  court deviates from the guidelines, the court shall make written 
 11.22  findings giving the amount of support calculated under the 
 11.23  guidelines, the reasons for the deviation, and shall 
 11.24  specifically address the criteria in paragraph (c) and how the 
 11.25  deviation serves the best interest of the child.  The court may 
 11.26  deviate from the guidelines if both parties agree and the court 
 11.27  makes written findings that it is in the best interests of the 
 11.28  child, except that in cases where child support payments are 
 11.29  assigned to the public agency under section 256.741, the court 
 11.30  may deviate downward only as provided in paragraph (j).  Nothing 
 11.31  in this paragraph prohibits the court from deviating in other 
 11.32  cases.  The provisions of this paragraph apply whether or not 
 11.33  the parties are each represented by independent counsel and have 
 11.34  entered into a written agreement.  The court shall review 
 11.35  stipulations presented to it for conformity to the guidelines 
 11.36  and the court is not required to conduct a hearing, but the 
 12.1   parties shall provide the documentation of earnings required 
 12.2   under subdivision 5b. 
 12.3      (j) If the child support payments are assigned to the 
 12.4   public agency under section 256.741, the court may not deviate 
 12.5   downward from the child support guidelines unless the court 
 12.6   specifically finds that the failure to deviate downward would 
 12.7   impose an extreme hardship on the obligor. 
 12.8      (k) The dollar amount of the income limit for application 
 12.9   of the guidelines must be adjusted on July 1 of every 
 12.10  even-numbered year to reflect cost-of-living changes.  The 
 12.11  supreme court shall select the index for the adjustment from the 
 12.12  indices listed in section 518.641.  The state court 
 12.13  administrator shall make the changes in the dollar amount 
 12.14  required by this paragraph available to courts and the public on 
 12.15  or before April 30 of the year in which the amount is to change. 
 12.16     (l) In establishing or modifying child support, if a child 
 12.17  receives a child's insurance benefit under United States Code, 
 12.18  title 42, section 402, because the obligor is entitled to old 
 12.19  age or disability insurance benefits, the amount of support 
 12.20  ordered shall be offset by the amount of the child's benefit.  
 12.21  The court shall make findings regarding the obligor's income 
 12.22  from all sources, the child support amount calculated under this 
 12.23  section, the amount of the child's benefit, and the obligor's 
 12.24  child support obligation.  Any benefit received by the child in 
 12.25  a given month in excess of the child support obligation shall 
 12.26  not be treated as an arrearage payment or a future payment. 
 12.27     Sec. 6.  Minnesota Statutes 2002, section 518.551, 
 12.28  subdivision 12, is amended to read: 
 12.29     Subd. 12.  [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 
 12.30  motion of an obligee, if the court finds that the obligor is or 
 12.31  may be licensed by a licensing board listed in section 214.01 or 
 12.32  other state, county, or municipal agency or board that issues an 
 12.33  occupational license and the obligor is in arrears in 
 12.34  court-ordered child support or maintenance payments or both in 
 12.35  an amount equal to or greater than three times the obligor's 
 12.36  total monthly support and maintenance payments and is not in 
 13.1   compliance with a written payment agreement pursuant to section 
 13.2   518.553 that is approved by the court, a child support 
 13.3   magistrate, or the public authority, the court shall direct the 
 13.4   licensing board or other licensing agency to suspend the license 
 13.5   under section 214.101.  The court's order must be stayed for 90 
 13.6   days in order to allow the obligor to execute a written payment 
 13.7   agreement pursuant to section 518.553.  The payment agreement 
 13.8   must be approved by either the court or the public authority 
 13.9   responsible for child support enforcement.  If the obligor has 
 13.10  not executed or is not in compliance with a written payment 
 13.11  agreement pursuant to section 518.553 after the 90 days expires, 
 13.12  the court's order becomes effective.  If the obligor is a 
 13.13  licensed attorney, the court shall report the matter to the 
 13.14  lawyers professional responsibility board for appropriate action 
 13.15  in accordance with the rules of professional conduct.  The 
 13.16  remedy under this subdivision is in addition to any other 
 13.17  enforcement remedy available to the court. 
 13.18     (b) If a public authority responsible for child support 
 13.19  enforcement finds that the obligor is or may be licensed by a 
 13.20  licensing board listed in section 214.01 or other state, county, 
 13.21  or municipal agency or board that issues an occupational license 
 13.22  and the obligor is in arrears in court-ordered child support or 
 13.23  maintenance payments or both in an amount equal to or greater 
 13.24  than three times the obligor's total monthly support and 
 13.25  maintenance payments and is not in compliance with a written 
 13.26  payment agreement pursuant to section 518.553 that is approved 
 13.27  by the court, a child support magistrate, or the public 
 13.28  authority, the court or the public authority shall direct the 
 13.29  licensing board or other licensing agency to suspend the license 
 13.30  under section 214.101.  If the obligor is a licensed attorney, 
 13.31  the public authority may report the matter to the lawyers 
 13.32  professional responsibility board for appropriate action in 
 13.33  accordance with the rules of professional conduct.  The remedy 
 13.34  under this subdivision is in addition to any other enforcement 
 13.35  remedy available to the public authority. 
 13.36     (c) At least 90 days before notifying a licensing authority 
 14.1   or the lawyers professional responsibility board under paragraph 
 14.2   (b), the public authority shall mail a written notice to the 
 14.3   license holder addressed to the license holder's last known 
 14.4   address that the public authority intends to seek license 
 14.5   suspension under this subdivision and that the license holder 
 14.6   must request a hearing within 30 days in order to contest the 
 14.7   suspension.  If the license holder makes a written request for a 
 14.8   hearing within 30 days of the date of the notice, a court 
 14.9   hearing or a hearing under section 484.702 must be held.  
 14.10  Notwithstanding any law to the contrary, the license holder must 
 14.11  be served with 14 days' notice in writing specifying the time 
 14.12  and place of the hearing and the allegations against the license 
 14.13  holder.  The notice may be served personally or by mail.  If the 
 14.14  public authority does not receive a request for a hearing within 
 14.15  30 days of the date of the notice, and the obligor does not 
 14.16  execute a written payment agreement pursuant to section 518.553 
 14.17  that is approved by the public authority within 90 days of the 
 14.18  date of the notice, the public authority shall direct the 
 14.19  licensing board or other licensing agency to suspend the 
 14.20  obligor's license under paragraph (b), or shall report the 
 14.21  matter to the lawyers professional responsibility board. 
 14.22     (d) The public authority or the court shall notify the 
 14.23  lawyers professional responsibility board for appropriate action 
 14.24  in accordance with the rules of professional responsibility 
 14.25  conduct or order the licensing board or licensing agency to 
 14.26  suspend the license if the judge finds that: 
 14.27     (1) the person is licensed by a licensing board or other 
 14.28  state agency that issues an occupational license; 
 14.29     (2) the person has not made full payment of arrearages 
 14.30  found to be due by the public authority; and 
 14.31     (3) the person has not executed or is not in compliance 
 14.32  with a payment plan approved by the court, a child support 
 14.33  magistrate, or the public authority. 
 14.34     (e) Within 15 days of the date on which the obligor either 
 14.35  makes full payment of arrearages found to be due by the court or 
 14.36  public authority or executes and initiates good faith compliance 
 15.1   with a written payment plan approved by the court, a child 
 15.2   support magistrate, or the public authority, the court, a child 
 15.3   support magistrate, or the public authority responsible for 
 15.4   child support enforcement shall notify the licensing board or 
 15.5   licensing agency or the lawyers professional responsibility 
 15.6   board that the obligor is no longer ineligible for license 
 15.7   issuance, reinstatement, or renewal under this subdivision. 
 15.8      (f) In addition to the criteria established under this 
 15.9   section for the suspension of an obligor's occupational license, 
 15.10  a court, a child support magistrate, or the public authority may 
 15.11  direct the licensing board or other licensing agency to suspend 
 15.12  the license of a party who has failed, after receiving notice, 
 15.13  to comply with a subpoena relating to a paternity or child 
 15.14  support proceeding.  Notice to an obligor of intent to suspend 
 15.15  must be served by first class mail at the obligor's last known 
 15.16  address.  The notice must inform the obligor of the right to 
 15.17  request a hearing.  If the obligor makes a written request 
 15.18  within ten days of the date of the hearing, a hearing must be 
 15.19  held.  At the hearing, the only issues to be considered are 
 15.20  mistake of fact and whether the obligor received the subpoena. 
 15.21     (g) The license of an obligor who fails to remain in 
 15.22  compliance with an approved written payment agreement may be 
 15.23  suspended.  Notice to the obligor of an intent to suspend under 
 15.24  this paragraph must be served by first class mail at the 
 15.25  obligor's last known address and must include a notice of 
 15.26  hearing.  The notice must be served upon the obligor not less 
 15.27  than ten days before the date of the hearing.  Prior to 
 15.28  suspending a license for noncompliance with an approved written 
 15.29  payment agreement, the public authority must mail to the 
 15.30  obligor's last known address a written notice that (1) it 
 15.31  intends to seek suspension of the obligor's occupational license 
 15.32  under this paragraph, and (2) the obligor must request a 
 15.33  hearing, within 30 days of the date of the notice, to contest 
 15.34  the suspension.  If, within 30 days of the date of the notice, 
 15.35  the public authority does not receive a written request for a 
 15.36  hearing and the obligor does not comply with an approved written 
 16.1   payment agreement, the public authority must direct the 
 16.2   licensing board or other licensing agency to suspend the 
 16.3   obligor's license under paragraph (b), and, if the obligor is a 
 16.4   licensed attorney, must report the matter to the lawyers 
 16.5   professional responsibility board.  If the obligor makes a 
 16.6   written request for a hearing within 30 days of the date of the 
 16.7   notice, a court hearing must be held.  Notwithstanding any law 
 16.8   to the contrary, the obligor must be served with 14 days' notice 
 16.9   in writing specifying the time and place of the hearing and the 
 16.10  allegations against the obligor.  The notice may be served 
 16.11  personally or by mail to the obligor's last known address.  If 
 16.12  the obligor appears at the hearing and the judge court 
 16.13  determines that the obligor has failed to comply with an 
 16.14  approved written payment agreement, the judge shall court must 
 16.15  notify the occupational licensing board or other licensing 
 16.16  agency to suspend the obligor's license under paragraph (c) (b) 
 16.17  and, if the obligor is a licensed attorney, must report the 
 16.18  matter to the lawyers professional responsibility board.  If the 
 16.19  obligor fails to appear at the hearing, the public authority may 
 16.20  court must notify the occupational or licensing board or other 
 16.21  licensing agency to suspend the obligor's license under 
 16.22  paragraph (c) (b), and if the obligor is a licensed attorney, 
 16.23  must report the matter to the lawyers professional 
 16.24  responsibility board. 
 16.25     Sec. 7.  Minnesota Statutes 2002, section 518.551, 
 16.26  subdivision 13, is amended to read: 
 16.27     Subd. 13.  [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 
 16.28  of an obligee, which has been properly served on the obligor and 
 16.29  upon which there has been an opportunity for hearing, if a court 
 16.30  finds that the obligor has been or may be issued a driver's 
 16.31  license by the commissioner of public safety and the obligor is 
 16.32  in arrears in court-ordered child support or maintenance 
 16.33  payments, or both, in an amount equal to or greater than three 
 16.34  times the obligor's total monthly support and maintenance 
 16.35  payments and is not in compliance with a written payment 
 16.36  agreement pursuant to section 518.553 that is approved by the 
 17.1   court, a child support magistrate, or the public authority, the 
 17.2   court shall order the commissioner of public safety to suspend 
 17.3   the obligor's driver's license.  The court's order must be 
 17.4   stayed for 90 days in order to allow the obligor to execute a 
 17.5   written payment agreement pursuant to section 518.553.  The 
 17.6   payment agreement must be approved by either the court or the 
 17.7   public authority responsible for child support enforcement.  If 
 17.8   the obligor has not executed or is not in compliance with a 
 17.9   written payment agreement pursuant to section 518.553 after the 
 17.10  90 days expires, the court's order becomes effective and the 
 17.11  commissioner of public safety shall suspend the obligor's 
 17.12  driver's license.  The remedy under this subdivision is in 
 17.13  addition to any other enforcement remedy available to the 
 17.14  court.  An obligee may not bring a motion under this paragraph 
 17.15  within 12 months of a denial of a previous motion under this 
 17.16  paragraph. 
 17.17     (b) If a public authority responsible for child support 
 17.18  enforcement determines that the obligor has been or may be 
 17.19  issued a driver's license by the commissioner of public safety 
 17.20  and the obligor is in arrears in court-ordered child support or 
 17.21  maintenance payments or both in an amount equal to or greater 
 17.22  than three times the obligor's total monthly support and 
 17.23  maintenance payments and not in compliance with a written 
 17.24  payment agreement pursuant to section 518.553 that is approved 
 17.25  by the court, a child support magistrate, or the public 
 17.26  authority, the public authority shall direct the commissioner of 
 17.27  public safety to suspend the obligor's driver's license.  The 
 17.28  remedy under this subdivision is in addition to any other 
 17.29  enforcement remedy available to the public authority. 
 17.30     (c) At least 90 days prior to notifying the commissioner of 
 17.31  public safety according to paragraph (b), the public authority 
 17.32  must mail a written notice to the obligor at the obligor's last 
 17.33  known address, that it intends to seek suspension of the 
 17.34  obligor's driver's license and that the obligor must request a 
 17.35  hearing within 30 days in order to contest the suspension.  If 
 17.36  the obligor makes a written request for a hearing within 30 days 
 18.1   of the date of the notice, a court hearing must be held.  
 18.2   Notwithstanding any law to the contrary, the obligor must be 
 18.3   served with 14 days' notice in writing specifying the time and 
 18.4   place of the hearing and the allegations against the obligor.  
 18.5   The notice must include information that apprises the obligor of 
 18.6   the requirement to develop a written payment agreement that is 
 18.7   approved by a court, a child support magistrate, or the public 
 18.8   authority responsible for child support enforcement regarding 
 18.9   child support, maintenance, and any arrearages in order to avoid 
 18.10  license suspension.  The notice may be served personally or by 
 18.11  mail.  If the public authority does not receive a request for a 
 18.12  hearing within 30 days of the date of the notice, and the 
 18.13  obligor does not execute a written payment agreement pursuant to 
 18.14  section 518.553 that is approved by the public authority within 
 18.15  90 days of the date of the notice, the public authority shall 
 18.16  direct the commissioner of public safety to suspend the 
 18.17  obligor's driver's license under paragraph (b). 
 18.18     (d) At a hearing requested by the obligor under paragraph 
 18.19  (c), and on finding that the obligor is in arrears in 
 18.20  court-ordered child support or maintenance payments or both in 
 18.21  an amount equal to or greater than three times the obligor's 
 18.22  total monthly support and maintenance payments, the district 
 18.23  court or child support magistrate shall order the commissioner 
 18.24  of public safety to suspend the obligor's driver's license or 
 18.25  operating privileges unless the court or child support 
 18.26  magistrate determines that the obligor has executed and is in 
 18.27  compliance with a written payment agreement pursuant to section 
 18.28  518.553 that is approved by the court, a child support 
 18.29  magistrate, or the public authority. 
 18.30     (e) An obligor whose driver's license or operating 
 18.31  privileges are suspended may: 
 18.32     (1) provide proof to the public authority responsible for 
 18.33  child support enforcement that the obligor is in compliance with 
 18.34  all written payment agreements pursuant to section 518.553; 
 18.35     (2) bring a motion for reinstatement of the driver's 
 18.36  license.  At the hearing, if the court or child support 
 19.1   magistrate orders reinstatement of the driver's license, the 
 19.2   court or child support magistrate must establish a written 
 19.3   payment agreement pursuant to section 518.553; or 
 19.4      (3) seek a limited license under section 171.30.  A limited 
 19.5   license issued to an obligor under section 171.30 expires 90 
 19.6   days after the date it is issued.  
 19.7      Within 15 days of the receipt of that proof or a court 
 19.8   order, the public authority shall inform the commissioner of 
 19.9   public safety that the obligor's driver's license or operating 
 19.10  privileges should no longer be suspended. 
 19.11     (f) On January 15, 1997, and every two years after that, 
 19.12  the commissioner of human services shall submit a report to the 
 19.13  legislature that identifies the following information relevant 
 19.14  to the implementation of this section: 
 19.15     (1) the number of child support obligors notified of an 
 19.16  intent to suspend a driver's license; 
 19.17     (2) the amount collected in payments from the child support 
 19.18  obligors notified of an intent to suspend a driver's license; 
 19.19     (3) the number of cases paid in full and payment agreements 
 19.20  executed in response to notification of an intent to suspend a 
 19.21  driver's license; 
 19.22     (4) the number of cases in which there has been 
 19.23  notification and no payments or payment agreements; 
 19.24     (5) the number of driver's licenses suspended; 
 19.25     (6) the cost of implementation and operation of the 
 19.26  requirements of this section; and 
 19.27     (7) the number of limited licenses issued and number of 
 19.28  cases in which payment agreements are executed and cases are 
 19.29  paid in full following issuance of a limited license. 
 19.30     (g) In addition to the criteria established under this 
 19.31  section for the suspension of an obligor's driver's license, a 
 19.32  court, a child support magistrate, or the public authority may 
 19.33  direct the commissioner of public safety to suspend the license 
 19.34  of a party who has failed, after receiving notice, to comply 
 19.35  with a subpoena relating to a paternity or child support 
 19.36  proceeding.  Notice to an obligor of intent to suspend must be 
 20.1   served by first class mail at the obligor's last known address.  
 20.2   The notice must inform the obligor of the right to request a 
 20.3   hearing.  If the obligor makes a written request within ten days 
 20.4   of the date of the hearing, a hearing must be held.  At the 
 20.5   hearing, the only issues to be considered are mistake of fact 
 20.6   and whether the obligor received the subpoena. 
 20.7      (h) The license of an obligor who fails to remain in 
 20.8   compliance with an approved written payment agreement may be 
 20.9   suspended.  Notice to the obligor of an intent to suspend under 
 20.10  this paragraph must be served by first class mail at the 
 20.11  obligor's last known address and must include a notice of 
 20.12  hearing.  The notice must be served upon the obligor not less 
 20.13  than ten days before the date of the hearing.  Prior to 
 20.14  suspending a license for noncompliance with an approved written 
 20.15  payment agreement, the public authority must mail to the 
 20.16  obligor's last known address a written notice that (1) it 
 20.17  intends to seek suspension of the obligor's driver's license 
 20.18  under this paragraph, and (2) the obligor must request a 
 20.19  hearing, within 30 days of the date of the notice, to contest 
 20.20  the suspension.  If, within 30 days of the date of the notice, 
 20.21  the public authority does not receive a written request for a 
 20.22  hearing and the obligor does not comply with an approved written 
 20.23  payment agreement, the public authority must direct the 
 20.24  department of public safety to suspend the obligor's license 
 20.25  under paragraph (b).  If the obligor makes a written request for 
 20.26  a hearing within 30 days of the date of the notice, a court 
 20.27  hearing must be held.  Notwithstanding any law to the contrary, 
 20.28  the obligor must be served with 14 days' notice in writing 
 20.29  specifying the time and place of the hearing and the allegations 
 20.30  against the obligor.  The notice may be served personally or by 
 20.31  mail at the obligor's last known address.  If the obligor 
 20.32  appears at the hearing and the judge court determines that the 
 20.33  obligor has failed to comply with an approved written payment 
 20.34  agreement, the judge court shall notify the department of public 
 20.35  safety to suspend the obligor's license under 
 20.36  paragraph (c) (b).  If the obligor fails to appear at the 
 21.1   hearing, the public authority may court must notify the 
 21.2   department of public safety to suspend the obligor's license 
 21.3   under paragraph (c) (b). 
 21.4      Sec. 8.  Minnesota Statutes 2002, section 518.6111, 
 21.5   subdivision 7, is amended to read: 
 21.6      Subd. 7.  [SUBSEQUENT INCOME WITHHOLDING.] (a) This 
 21.7   subdivision applies to support orders that do not contain 
 21.8   provisions for income withholding. 
 21.9      (b) For cases in which the public authority is providing 
 21.10  child support enforcement services to the parties, the income 
 21.11  withholding under this subdivision shall take effect without 
 21.12  prior judicial notice to the obligor and without the need for 
 21.13  judicial or administrative hearing.  Withholding shall result 
 21.14  when: 
 21.15     (1) the obligor requests it in writing to the public 
 21.16  authority; 
 21.17     (2) the obligee or obligor serves on the public authority a 
 21.18  copy of the notice of income withholding, a copy of the court's 
 21.19  order, an application, and the fee to use the public authority's 
 21.20  collection services; or 
 21.21     (3) the public authority commences withholding according to 
 21.22  section 518.5513, subdivision 6 5, paragraph (a), clause (5).  
 21.23     (c) For cases in which the public authority is not 
 21.24  providing child support services to the parties, income 
 21.25  withholding under this subdivision shall take effect when an 
 21.26  obligee requests it by making a written motion to the court and 
 21.27  the court finds that previous support has not been paid on a 
 21.28  timely consistent basis or that the obligor has threatened 
 21.29  expressly or otherwise to stop or reduce payments. 
 21.30     (d) Within two days after the public authority commences 
 21.31  withholding under this subdivision, the public authority shall 
 21.32  send to the obligor at the obligor's last known address, notice 
 21.33  that withholding has commenced.  The notice shall include the 
 21.34  information provided to the payor of funds in the notice of 
 21.35  withholding. 
 21.36     Sec. 9.  Minnesota Statutes 2002, section 518.68, 
 22.1   subdivision 2, is amended to read: 
 22.2      Subd. 2.  [CONTENTS.] The required notices must be 
 22.3   substantially as follows: 
 22.4                           IMPORTANT NOTICE 
 22.5   1.  PAYMENTS TO PUBLIC AGENCY 
 22.6      According to Minnesota Statutes, section 518.551, 
 22.7      subdivision 1, payments ordered for maintenance and support 
 22.8      must be paid to the public agency responsible for child 
 22.9      support enforcement as long as the person entitled to 
 22.10     receive the payments is receiving or has applied for public 
 22.11     assistance or has applied for support and maintenance 
 22.12     collection services.  MAIL PAYMENTS TO: 
 22.13  2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
 22.14  FELONY 
 22.15     A person may be charged with a felony who conceals a minor 
 22.16     child or takes, obtains, retains, or fails to return a 
 22.17     minor child from or to the child's parent (or person with 
 22.18     custodial or visitation rights), according to Minnesota 
 22.19     Statutes, section 609.26.  A copy of that section is 
 22.20     available from any district court clerk. 
 22.21  3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 
 22.22     A person who fails to pay court-ordered child support or 
 22.23     maintenance may be charged with a crime, which may include 
 22.24     misdemeanor, gross misdemeanor, or felony charges, 
 22.25     according to Minnesota Statutes, section 609.375.  A copy 
 22.26     of that section is available from any district court clerk. 
 22.27  4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 
 22.28     (a) Payment of support or spousal maintenance is to be as 
 22.29     ordered, and the giving of gifts or making purchases of 
 22.30     food, clothing, and the like will not fulfill the 
 22.31     obligation. 
 22.32     (b) Payment of support must be made as it becomes due, and 
 22.33     failure to secure or denial of parenting time is NOT an 
 22.34     excuse for nonpayment, but the aggrieved party must seek 
 22.35     relief through a proper motion filed with the court. 
 22.36     (c) Nonpayment of support is not grounds to deny parenting 
 23.1      time.  The party entitled to receive support may apply for 
 23.2      support and collection services, file a contempt motion, or 
 23.3      obtain a judgment as provided in Minnesota Statutes, 
 23.4      section 548.091.  
 23.5      (d) The payment of support or spousal maintenance takes 
 23.6      priority over payment of debts and other obligations. 
 23.7      (e) A party who accepts additional obligations of support 
 23.8      does so with the full knowledge of the party's prior 
 23.9      obligation under this proceeding. 
 23.10     (f) Child support or maintenance is based on annual income, 
 23.11     and it is the responsibility of a person with seasonal 
 23.12     employment to budget income so that payments are made 
 23.13     throughout the year as ordered. 
 23.14     (g) If the obligor is laid off from employment or receives 
 23.15     a pay reduction, support may be reduced, but only if a 
 23.16     motion to reduce the support is served and filed with the 
 23.17     court.  Any reduction will take effect only if ordered by 
 23.18     the court and may only relate back to the time that the 
 23.19     motion is filed.  If a motion is not filed, the support 
 23.20     obligation will continue at the current level.  The court 
 23.21     is not permitted to reduce support retroactively, except as 
 23.22     provided in Minnesota Statutes, section 518.64, subdivision 
 23.23     2, paragraph (c).  
 23.24     (h) Reasonable parenting time guidelines are contained in 
 23.25     Appendix B, which is available from the court administrator.
 23.26     (i) The nonpayment of support may be enforced through the 
 23.27     denial of student grants; interception of state and federal 
 23.28     tax refunds; suspension of driver's, recreational, and 
 23.29     occupational licenses; referral to the department of 
 23.30     revenue or private collection agencies; seizure of assets, 
 23.31     including bank accounts and other assets held by financial 
 23.32     institutions; reporting to credit bureaus; interest 
 23.33     charging, income withholding, and contempt proceedings; and 
 23.34     other enforcement methods allowed by law.  
 23.35     (j) The public authority may suspend or resume collection 
 23.36     of the amount allocated for child care expenses if the 
 24.1      conditions of Minnesota Statutes, section 518.551, 
 24.2      subdivision 5, paragraph (b), are met. 
 24.3   5.  PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 
 24.4   SUBDIVISION 3 
 24.5      Unless otherwise provided by the Court: 
 24.6      (a) Each party has the right of access to, and to receive 
 24.7      copies of, school, medical, dental, religious training, and 
 24.8      other important records and information about the minor 
 24.9      children.  Each party has the right of access to 
 24.10     information regarding health or dental insurance available 
 24.11     to the minor children.  Presentation of a copy of this 
 24.12     order to the custodian of a record or other information 
 24.13     about the minor children constitutes sufficient 
 24.14     authorization for the release of the record or information 
 24.15     to the requesting party. 
 24.16     (b) Each party shall keep the other informed as to the name 
 24.17     and address of the school of attendance of the minor 
 24.18     children.  Each party has the right to be informed by 
 24.19     school officials about the children's welfare, educational 
 24.20     progress and status, and to attend school and parent 
 24.21     teacher conferences.  The school is not required to hold a 
 24.22     separate conference for each party. 
 24.23     (c) In case of an accident or serious illness of a minor 
 24.24     child, each party shall notify the other party of the 
 24.25     accident or illness, and the name of the health care 
 24.26     provider and the place of treatment. 
 24.27     (d) Each party has the right of reasonable access and 
 24.28     telephone contact with the minor children. 
 24.29  6.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
 24.30     Child support and/or spousal maintenance may be withheld 
 24.31     from income, with or without notice to the person obligated 
 24.32     to pay, when the conditions of Minnesota Statutes, section 
 24.33     518.6111 have been met.  A copy of those sections is 
 24.34     available from any district court clerk. 
 24.35  7.  CHANGE OF ADDRESS OR RESIDENCE 
 24.36     Unless otherwise ordered, each party shall notify the other 
 25.1      party, the court, and the public authority responsible for 
 25.2      collection, if applicable, of the following information 
 25.3      within ten days of any change:  the residential and mailing 
 25.4      address, telephone number, driver's license number, social 
 25.5      security number, and name, address, and telephone number of 
 25.6      the employer. 
 25.7   8.  COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 
 25.8      Child support and/or spousal maintenance may be adjusted 
 25.9      every two years based upon a change in the cost of living 
 25.10     (using Department of Labor Consumer Price Index .........., 
 25.11     unless otherwise specified in this order) when the 
 25.12     conditions of Minnesota Statutes, section 518.641, are met. 
 25.13     Cost of living increases are compounded.  A copy of 
 25.14     Minnesota Statutes, section 518.641, and forms necessary to 
 25.15     request or contest a cost of living increase are available 
 25.16     from any district court clerk. 
 25.17  9.  JUDGMENTS FOR UNPAID SUPPORT 
 25.18     If a person fails to make a child support payment, the 
 25.19     payment owed becomes a judgment against the person 
 25.20     responsible to make the payment by operation of law on or 
 25.21     after the date the payment is due, and the person entitled 
 25.22     to receive the payment or the public agency may obtain 
 25.23     entry and docketing of the judgment WITHOUT NOTICE to the 
 25.24     person responsible to make the payment under Minnesota 
 25.25     Statutes, section 548.091.  Interest begins to accrue on a 
 25.26     payment or installment of child support whenever the unpaid 
 25.27     amount due is greater than the current support due, 
 25.28     according to Minnesota Statutes, section 548.091, 
 25.29     subdivision 1a.  
 25.30  10.  JUDGMENTS FOR UNPAID MAINTENANCE 
 25.31     A judgment for unpaid spousal maintenance may be entered 
 25.32     when the conditions of Minnesota Statutes, section 548.091, 
 25.33     are met.  A copy of that section is available from any 
 25.34     district court clerk. 
 25.35  11.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
 25.36  SUPPORT 
 26.1      A judgment for attorney fees and other collection costs 
 26.2      incurred in enforcing a child support order will be entered 
 26.3      against the person responsible to pay support when the 
 26.4      conditions of section 518.14, subdivision 2, are met.  A 
 26.5      copy of section 518.14 and forms necessary to request or 
 26.6      contest these attorney fees and collection costs are 
 26.7      available from any district court clerk. 
 26.8   12.  PARENTING TIME EXPEDITOR PROCESS 
 26.9      On request of either party or on its own motion, the court 
 26.10     may appoint a parenting time expeditor to resolve parenting 
 26.11     time disputes under Minnesota Statutes, section 518.1751.  
 26.12     A copy of that section and a description of the expeditor 
 26.13     process is available from any district court clerk. 
 26.14  13.  PARENTING TIME REMEDIES AND PENALTIES 
 26.15     Remedies and penalties for the wrongful denial of parenting 
 26.16     time are available under Minnesota Statutes, section 
 26.17     518.175, subdivision 6.  These include compensatory 
 26.18     parenting time; civil penalties; bond requirements; 
 26.19     contempt; and reversal of custody.  A copy of that 
 26.20     subdivision and forms for requesting relief are available 
 26.21     from any district court clerk. 
 26.22     Sec. 10.  Minnesota Statutes 2002, section 548.091, 
 26.23  subdivision 1a, is amended to read: 
 26.24     Subd. 1a.  [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.] 
 26.25  (a) Any payment or installment of support required by a judgment 
 26.26  or decree of dissolution or legal separation, determination of 
 26.27  parentage, an order under chapter 518C, an order under section 
 26.28  256.87, or an order under section 260B.331 or 260C.331, that is 
 26.29  not paid or withheld from the obligor's income as required under 
 26.30  section 518.6111, or which is ordered as child support by 
 26.31  judgment, decree, or order by a court in any other state, is a 
 26.32  judgment by operation of law on and after the date it is due, is 
 26.33  entitled to full faith and credit in this state and any other 
 26.34  state, and shall be entered and docketed by the court 
 26.35  administrator on the filing of affidavits as provided in 
 26.36  subdivision 2a.  Except as otherwise provided by paragraph (b), 
 27.1   interest accrues from the date the unpaid amount due is greater 
 27.2   than the current support due at the annual rate provided in 
 27.3   section 549.09, subdivision 1, plus two percent, not to exceed 
 27.4   an annual rate of 18 percent.  A payment or installment of 
 27.5   support that becomes a judgment by operation of law between the 
 27.6   date on which a party served notice of a motion for modification 
 27.7   under section 518.64, subdivision 2, and the date of the court's 
 27.8   order on modification may be modified under that subdivision. 
 27.9      (b) Notwithstanding the provisions of section 549.09, upon 
 27.10  motion to the court and upon proof by the obligor of 36 12 
 27.11  consecutive months of complete and timely payments of both 
 27.12  current support and court-ordered paybacks of a child support 
 27.13  debt or arrearage, the court may order interest on the remaining 
 27.14  debt or arrearage to stop accruing.  Timely payments are those 
 27.15  made in the month in which they are due.  If, after that time, 
 27.16  the obligor fails to make complete and timely payments of both 
 27.17  current support and court-ordered paybacks of child support debt 
 27.18  or arrearage, the public authority or the obligee may move the 
 27.19  court for the reinstatement of interest as of the month in which 
 27.20  the obligor ceased making complete and timely payments. 
 27.21     The court shall provide copies of all orders issued under 
 27.22  this section to the public authority.  The state court 
 27.23  administrator shall prepare and make available to the court and 
 27.24  the parties forms to be submitted by the parties in support of a 
 27.25  motion under this paragraph. 
 27.26     (c) Notwithstanding the provisions of section 549.09, upon 
 27.27  motion to the court, the court may order interest on a child 
 27.28  support debt or arrearage to stop accruing where the court finds 
 27.29  that the obligor is: 
 27.30     (1) unable to pay support because of a significant physical 
 27.31  or mental disability; 
 27.32     (2) a recipient of Supplemental Security Income (SSI), 
 27.33  Title II Older Americans Survivor's Disability Insurance 
 27.34  (OASDI), other disability benefits, or public assistance based 
 27.35  upon need; or 
 27.36     (3) institutionalized or incarcerated for at least 30 days 
 28.1   for an offense other than nonsupport of the child or children 
 28.2   involved, and is otherwise financially unable to pay support. 
 28.3      If the conditions in this subsection no longer exist, upon 
 28.4   motion to the court, the court may order interest accrual to 
 28.5   resume retroactive to the date of service of the motion to 
 28.6   resume the accrual of interest. 
 28.7      Sec. 11.  Minnesota Statutes 2002, section 552.01, 
 28.8   subdivision 2, is amended to read: 
 28.9      Subd. 2.  [PUBLIC AUTHORITY.] "Public authority" means the 
 28.10  public authority in any state, U.S. territory, or tribal 
 28.11  jurisdiction responsible for child support enforcement.  
 28.12     Sec. 12.  Minnesota Statutes 2002, section 552.01, 
 28.13  subdivision 3, is amended to read: 
 28.14     Subd. 3.  [JUDGMENT DEBTOR.] "Judgment debtor" means an 
 28.15  obligor against whom the public authority has a judgment exists 
 28.16  for the recovery of money owed pursuant to a support order as 
 28.17  defined in section 518.54.  
 28.18     Sec. 13.  Minnesota Statutes 2002, section 552.01, 
 28.19  subdivision 5, is amended to read: 
 28.20     Subd. 5.  [CLAIM.] "Claim" means the unpaid balance of 
 28.21  the public authority's judgment against the judgment debtor, 
 28.22  including all lawful interest and costs incurred. 
 28.23     Sec. 14.  Minnesota Statutes 2002, section 552.01, 
 28.24  subdivision 7, is amended to read: 
 28.25     Subd. 7.  [JUDGMENT.] "Judgment" means a child support 
 28.26  judgment by operation of law under section 548.09 or 548.091, 
 28.27  subdivision 1a whether or not entered and docketed, or under a 
 28.28  proceeding under section 548.091, subdivision 2a obtained by the 
 28.29  public authority of another state under that state's 
 28.30  jurisdiction by a law or similar process. 
 28.31     Sec. 15.  Minnesota Statutes 2002, section 552.04, 
 28.32  subdivision 15, is amended to read: 
 28.33     Subd. 15.  [APPEAL.] A party to an execution proceeding 
 28.34  aggrieved by an order or final judgment may appeal as allowed by 
 28.35  law in the jurisdiction of the initiating public authority.  
 28.36     Sec. 16.  Minnesota Statutes 2002, section 552.06, 
 29.1   subdivision 1, is amended to read: 
 29.2      Subdivision 1.  [COMMENCEMENT OF SUMMARY EXECUTION.] (a) 
 29.3   This section applies to a judgment debtor who is in arrears in 
 29.4   court-ordered support payments in an amount equal to or greater 
 29.5   than five times the judgment debtor's total support order.  
 29.6      (b) Section 518.5513 applies to this section, except if it 
 29.7   conflicts with the specific provisions of this section, this 
 29.8   section applies.  
 29.9      (c) Time frames set out in the Rules of Civil Procedure 
 29.10  that are inconsistent with this section do not apply to this 
 29.11  section.  
 29.12     (d) The public authority may not proceed with a summary 
 29.13  execution of support judgment proceeding: 
 29.14     (1) if the judgment debtor is in compliance with a 
 29.15  previously executed written payment agreement approved by the 
 29.16  public authority or the court; and 
 29.17     (2) until after the judgment has been submitted for federal 
 29.18  or state tax intercept. 
 29.19     (e) Upon receipt of information under section 13B.06 or if 
 29.20  initiated by the public authority of another jurisdiction, upon 
 29.21  information obtained pursuant to similar law in that public 
 29.22  authority's jurisdiction, that a judgment debtor holds an 
 29.23  account at the financial institution, the public authority may 
 29.24  send the financial institution a notice of support judgment levy.
 29.25     (f) The support judgment levy and accompanying 
 29.26  documentation must contain the name of the judgment debtor, the 
 29.27  judgment debtor's social security number, any necessary 
 29.28  verifying information, the amount of the judgment, and the 
 29.29  procedures necessary for the financial institution to process 
 29.30  the notice of support judgment levy and complete the disclosure 
 29.31  form.  
 29.32     (g) Notice of support judgment levy under this section 
 29.33  commences without notice to the judgment debtor and without the 
 29.34  need for prior judicial notice or hearing.  
 29.35     (h) Within three business days after the public authority 
 29.36  sends the notice of support judgment levy to the financial 
 30.1   institution, the public authority shall send the judgment debtor 
 30.2   a copy of the notice of support judgment levy by first class 
 30.3   mail at the judgment debtor's last known address.  In addition 
 30.4   to the copy of the notice of support judgment levy, information 
 30.5   must be provided that describes the exemptions a judgment debtor 
 30.6   may claim and the form and procedure for claiming an exemption, 
 30.7   the informal resolution process, the responsibilities of the 
 30.8   judgment debtor, and the procedure and time frames to contest 
 30.9   the levy.  
 30.10     Sec. 17.  Minnesota Statutes 2002, section 552.06, 
 30.11  subdivision 2, is amended to read: 
 30.12     Subd. 2.  [RESPONSIBILITIES OF THE FINANCIAL INSTITUTION.] 
 30.13  (a) Upon receipt by the financial institution of a notice of 
 30.14  support judgment levy, the financial institution shall seize all 
 30.15  funds up to and including the amount contained in the notice 
 30.16  from the judgment debtor's account. 
 30.17     (b) Forty-five days after receiving the levy, the financial 
 30.18  institution shall complete the notice of support judgment levy 
 30.19  and disclosure form and forward it together with the amount 
 30.20  indicated on line 8 of the disclosure form, not to exceed the 
 30.21  total amount seized, to the public authority at the address 
 30.22  indicated in the notice of support judgment levy. 
 30.23     (c) When the judgment debtor and the public authority 
 30.24  informally resolve a dispute under subdivision 3 and the public 
 30.25  authority sends a notice of release to the financial 
 30.26  institution, the financial institution shall release seized 
 30.27  funds in accordance with the notice of release. 
 30.28     (d) If the financial institution receives notice of a 
 30.29  contest of the summary execution of support judgment, the 
 30.30  financial institution shall continue to hold the funds during 
 30.31  the period of contest inclusive of any applicable appeal period 
 30.32  and, upon receipt of notice to release from the public 
 30.33  authority, shall send the lesser of the amount indicated in the 
 30.34  notice of release, or the amount indicated on line 8 of the 
 30.35  notice of support judgment levy and disclosure form not to 
 30.36  exceed the total amount seized. 
 31.1      (e) If a judgment debtor has multiple accounts within the 
 31.2   financial institution, the financial institution shall seize 
 31.3   funds in as many accounts of the judgment debtor as is necessary 
 31.4   to equal the amount contained in the notice of support judgment 
 31.5   levy.  
 31.6      (f) A financial institution that receives more than one 
 31.7   notice of support judgment levy under this section shall 
 31.8   withhold sufficient funds to satisfy all notices of support 
 31.9   judgment levy, if possible. 
 31.10     (g) The Consumer Credit Protection Act, United States Code, 
 31.11  title 15, section 1673(b), does not apply to funds withheld by a 
 31.12  financial institution under this section.  
 31.13     (h) The public authority initiating the levy shall pay a 
 31.14  fee of $15 per levy to the financial institution.  Financial 
 31.15  institutions and the commissioner of human services shall 
 31.16  establish procedures to automate the payment of this fee to the 
 31.17  maximum extent possible for levies initiated by the public 
 31.18  authority of this state.  The fee may be recovered by the public 
 31.19  authority from the judgment debtor as an allowable cost. 
 31.20     (i) No financial institution is liable for damages for 
 31.21  complying with this section.  The financial institution may rely 
 31.22  on the date of mailing or delivery of a notice to it in 
 31.23  computing any time periods in this section. 
 31.24     Sec. 18.  Minnesota Statutes 2002, section 552.06, 
 31.25  subdivision 5, is amended to read: 
 31.26     Subd. 5.  [EXEMPTION AND CONTEST.] (a)  [PROCESS TO CLAIM 
 31.27  EXEMPTION.] If the judgment debtor elects to claim an exemption, 
 31.28  the judgment debtor shall complete the applicable portion of the 
 31.29  exemption form, sign it under penalty of perjury, and deliver 
 31.30  one copy to the public authority within 20 calendar days of the 
 31.31  date postmarked on the correspondence mailed to the judgment 
 31.32  debtor.  Failure of the judgment debtor to deliver the executed 
 31.33  exemption does not constitute a waiver of any claimed right to 
 31.34  an exemption.  Upon timely receipt of a claim of exemption by 
 31.35  the public authority, funds not claimed to be exempt by the 
 31.36  judgment debtor remain subject to the support judgment levy.  If 
 32.1   a claim of exemption is resolved informally, the public 
 32.2   authority shall proceed according to subdivision 3.  
 32.3      (b)  [PROCESS TO CONTEST.] (1) The judgment debtor may 
 32.4   contest a support judgment levy on the limited grounds that the 
 32.5   seizure or the amount seized is improper due to mistake of fact 
 32.6   or that the funds held in the account are exempt from levy for 
 32.7   child support purposes under state or federal law. 
 32.8      (2) If the judgment debtor chooses to contest the 
 32.9   withholding levy is initiated by the public authority of this 
 32.10  state, within 30 calendar days of notice of support judgment 
 32.11  levy, the debtor shall: 
 32.12     (i) file a motion with the court administrator in the 
 32.13  county where the support order originated, including in the 
 32.14  motion the alleged mistake of fact or the basis for any claim 
 32.15  that the funds are exempted from withholding; 
 32.16     (ii) obtain a hearing date from the court administrator; 
 32.17  and 
 32.18     (iii) serve the public authority, either personally or by 
 32.19  fax, with a copy of the notice of motion and motion no later 
 32.20  than two business days after obtaining a hearing date. 
 32.21     (3) Financial institutions located in this state must 
 32.22  comply with levies executed under this chapter by the public 
 32.23  authority of this state or the public authority of another 
 32.24  jurisdiction.  Any challenge to a levy initiated by the public 
 32.25  authority from another jurisdiction must be brought in the 
 32.26  initiating public authority's jurisdiction and is subject to 
 32.27  that jurisdiction's rules of civil procedure and laws regarding 
 32.28  summary levy challenges. 
 32.29     (c)  [HEARING.] The hearing date shall be set at the 
 32.30  earliest practicable time, but the matter must be heard no later 
 32.31  than ten calendar days from the date a request for hearing is 
 32.32  made.  The court administrator shall schedule these matters to 
 32.33  be heard in the expedited process before a child support 
 32.34  magistrate, but may schedule these cases in district court if 
 32.35  the availability of child support magistrate does not permit a 
 32.36  hearing to occur within the time frames of this section.  This 
 33.1   paragraph applies only to a levy initiated by the public 
 33.2   authority of this state. 
 33.3      Sec. 19.  Minnesota Statutes 2002, section 552.06, 
 33.4   subdivision 6, is amended to read: 
 33.5      Subd. 6.  [FORM.] The state court administrator's office 
 33.6   shall prepare and make available to the court administrators and 
 33.7   judgment debtors a form to be submitted by the judgment debtor 
 33.8   in support of a motion to contest the a support judgment 
 33.9   levy initiated by the public authority of this state under this 
 33.10  section.  
 33.11     Sec. 20.  Minnesota Statutes 2002, section 609.375, 
 33.12  subdivision 2b, is amended to read: 
 33.13     Subd. 2b.  [ATTEMPT TO OBTAIN CONTEMPT ORDER AS 
 33.14  PREREQUISITE TO PROSECUTION.] A person may not be charged with 
 33.15  violating this section unless there has been an attempt to 
 33.16  obtain a court order holding the person in contempt for failing 
 33.17  to pay support or maintenance under chapter 518 To charge a 
 33.18  person under this section, the state must have convicted the 
 33.19  person under this section, or the public authority must have 
 33.20  attempted to obtain an order for contempt for failure to pay 
 33.21  child support or maintenance under chapter 518, at any time in 
 33.22  the past.  This The requirement of this subdivision is satisfied 
 33.23  by a showing that reasonable attempts have been made at service 
 33.24  of the order for contempt. 
 33.25     Sec. 21.  Laws 1997, chapter 245, article 2, section 11, is 
 33.26  amended to read: 
 33.27     Sec. 11.  [FEDERAL FUNDS FOR VISITATION AND ACCESS.] 
 33.28     The commissioner of human services may accept on behalf of 
 33.29  the state any federal funding received under Public Law Number 
 33.30  104-193 for access and visitation programs, and shall transfer 
 33.31  these funds to the state court administrator for the cooperation 
 33.32  for the children pilot project and the parent education program 
 33.33  under Minnesota Statutes, section 518.571 must administer the 
 33.34  funds for the activities allowed under federal law.  The 
 33.35  commissioner may distribute the funds on a competitive basis and 
 33.36  must monitor, evaluate, and report on the access and visitation 
 34.1   programs in accordance with any applicable regulations.