HF 1045

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the military; providing for modification 
  1.3             of support obligations of certain persons called into 
  1.4             active military service; amending Minnesota Statutes 
  1.5             2002, section 518.64, by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 518.64, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 7.  [MILITARY SERVICE.] A reduction in an obligor's 
  1.10  pay because of active military service is grounds for a 
  1.11  reduction in the obligor's support payment even if the reduction 
  1.12  would not otherwise qualify the obligor for modification under 
  1.13  this section. 
  1.14     The court shall order and the obligee or public authority 
  1.15  responsible for support enforcement shall collect the reduced 
  1.16  support obligation during the time the obligor is in active 
  1.17  military service.  The public authority shall arrange to collect 
  1.18  that amount from the obligor's active duty military pay. 
  1.19     An obligor whose support obligation has not been reduced 
  1.20  under this subdivision while the obligor was in active military 
  1.21  service may have the support obligation adjusted to reflect the 
  1.22  proper reduction when the obligor returns from active military 
  1.23  service. 
  1.24     For purposes of this subdivision, "active military service" 
  1.25  means service in a reserve or national guard unit that has been 
  2.1   called to active military duty for more than 30 days. 
  2.2      Sec. 2.  [EFFECTIVE DATE.] 
  2.3      Section 1 is effective the day following final enactment.