Engrossments
Introduction		Posted on 02/24/2005
1st Engrossment		Posted on 03/22/2005
2nd Engrossment		Posted on 05/18/2005

Section 1.

new text begin [517C.01] TITLE.
new text end

new text begin This chapter may be cited as the "Minnesota Child Support
Act."
new text end

Sec. 2.

new text begin [517C.02] LEGISLATIVE INTENT.
new text end

new text begin The legislature of the state of Minnesota finds that in all
cases of dissolution of marriage, separate maintenance,
adjudication of paternity, and all other cases in which child
support must be apportioned between them, both parents have an
equal duty to pay for the actual cost of supplying the
reasonable needs of the child or children had in common between
them in proportion to their respective incomes and resources.
The best interests of the child or children are served, so far
as this state is concerned, when this obligation is fairly
apportioned.
new text end

Sec. 3.

new text begin [517C.03] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section
apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Arrears. new text end

new text begin "Arrears" means amounts owed under a
support order that are past due. Arrears include:
new text end

new text begin (1) child support;
new text end

new text begin (2) the entire amount of court-ordered past support and
pregnancy and confinement expenses if:
new text end

new text begin (i) the order does not contain repayment terms; or
new text end

new text begin (ii) the order contains repayment terms and the obligor
fails to comply with the repayment terms; and
new text end

new text begin (3) attorney fees and any other collection costs addressed
in a support order under section 517C.84.
new text end

new text begin Subd. 3. new text end

new text begin Basic support. new text end

new text begin "Basic support" means the dollar
amount ordered for a child's housing, food, clothing,
transportation, and education costs, and other expenses relating
to the child's care. Basic support does not include monetary
contributions for a child's private school tuition, child care
expenses, and medical and dental expenses.
new text end

new text begin Subd. 4. new text end

new text begin Business day. new text end

new text begin "Business day" means a day on
which state offices are open for regular business.
new text end

new text begin Subd. 5. new text end

new text begin Child. new text end

new text begin "Child" means an individual under 18
years of age, an individual under age 20 who is still attending
secondary school, or an individual who, by reason of physical or
mental condition, is incapable of self-support.
new text end

new text begin Subd. 6. new text end

new text begin Child support. new text end

new text begin "Child support" means an amount
for basic support, child care support, and medical support
pursuant to:
new text end

new text begin (1) an award in a dissolution, legal separation, annulment,
or parentage proceeding for the care, support, and education of
a child of the marriage or of the parties to the proceeding;
new text end

new text begin (2) a contribution by parents ordered under section 256.87;
or
new text end

new text begin (3) support ordered under chapter 518B or 518C.
new text end

new text begin Subd. 7. new text end

new text begin Deposit account. new text end

new text begin "Deposit account" means funds
deposited with a financial institution in the form of a savings
account, checking account, NOW account, or demand deposit
account.
new text end

new text begin Subd. 8. new text end

new text begin Financial institution. new text end

new text begin "Financial institution"
means a savings association, bank, trust company, credit union,
industrial loan and thrift company, bank and trust company, or
savings association, and includes a branch or detached facility
of a financial institution.
new text end

new text begin Subd. 9. new text end

new text begin Obligee. new text end

new text begin "Obligee" means a person to whom
payments for child support are owed.
new text end

new text begin Subd. 10. new text end

new text begin Obligor. new text end

new text begin "Obligor" means a person obligated to
pay child support. A person who is designated as the sole
physical custodian of a child is presumed not to be an obligor
for purposes of calculating current support unless the court
makes specific written findings to overcome this presumption.
For purposes of ordering medical support under section 517C.17,
a custodial parent may be an obligor subject to income
withholding under section 517C.17; a cost-of-living adjustment
under section 517C.31; and a payment agreement under section
517C.71.
new text end

new text begin Subd. 11. new text end

new text begin Payment. new text end

new text begin "Payment" means the payment of child
support and related payments required by order of a tribunal,
voluntary support, or statutory fees.
new text end

new text begin Subd. 12. new text end

new text begin Payor of funds. new text end

new text begin "Payor of funds" means a
person or entity that provides funds to an obligor, including an
employer as defined under chapter 24, section 3401(d), of the
Internal Revenue Code, an independent contractor, payor of
workers' compensation benefits or unemployment insurance
benefits, or a financial institution as defined in section
13B.06.
new text end

new text begin Subd. 13. new text end

new text begin Public authority. new text end

new text begin "Public authority" means the
local unit of government, acting on behalf of the state, that is
responsible for child support enforcement or the Child Support
Enforcement Division of the Department of Human Services.
new text end

new text begin Subd. 14. new text end

new text begin Support order. new text end

new text begin (a) "Support order" means a
judgment, decree, or order, whether temporary, final, or subject
to modification, issued by a court or administrative agency of
competent jurisdiction that:
new text end

new text begin (1) provides for the support of a child, including a child
who has attained the age of majority under the law of the
issuing state, or a child and the parent with whom the child is
living;
new text end

new text begin (2) provides for basic support, child care, medical support
including expenses for confinement and pregnancy, arrears, or
reimbursement; and
new text end

new text begin (3) may include related costs and fees, interest and
penalties, income withholding, and other relief.
new text end

new text begin (b) The definition in paragraph (a) applies to orders
issued under this chapter and chapters 256, 257, and 518C.
new text end

new text begin Subd. 15. new text end

new text begin Tribunal. new text end

new text begin "Tribunal" has the meaning given in
section 518C.101.
new text end

new text begin Subd. 16. new text end

new text begin Unclaimed support funds. new text end

new text begin "Unclaimed support
funds" means any support payments collected by the public
authority from the obligor which have not been disbursed to the
obligee or public authority.
new text end

new text begin Subd. 17. new text end

new text begin Iv-d case. new text end

new text begin "IV-D case" means a case where a
party assigns rights to child support to the state because the
party receives public assistance, as defined in section 256.741,
or applies for child support services under title IV-D of the
Social Security Act, United States Code, title 42, section
654(4).
new text end

Sec. 4.

new text begin [517C.04] CHILD SUPPORT ORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Order. new text end

new text begin (a) Upon dissolution of marriage,
legal separation, annulment, establishment of paternity, or when
otherwise required by statute, the court must order child
support as provided by this chapter.
new text end

new text begin (b) Nothing contained in this chapter limits the power of
the court to make appropriate, adequate orders for the support
and education of a child of the parties to a dissolution, legal
separation, or annulment action if the dissolution, legal
separation, or annulment is denied.
new text end

new text begin Subd. 2. new text end

new text begin Provisions. new text end

new text begin Child support orders must provide
for general child-rearing costs or basic support and must also
specifically address child care costs and medical care,
providing for those costs pursuant to this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Agreements. new text end

new text begin If the parties stipulate or agree
to a child support order, the court must review the agreement to
ensure it serves the best interests of the child. The Minnesota
Supreme Court may promulgate rules regarding the review of
stipulations and agreements. The court may refuse to accept or
may alter an agreement that does not conform with the
requirements of this chapter or that is otherwise not in the
best interests of the child.
new text end

new text begin Subd. 4. new text end

new text begin Specific dollar amount. new text end

new text begin (a) The court must
order child support in a specific dollar amount.
new text end

new text begin (b) The court may order an obligor to pay child support in
the form of a percentage share of the obligor's net bonuses,
commissions, or other forms of compensation, in addition to or,
if the obligor receives no base pay, in lieu of an order for a
specific dollar amount.
new text end

new text begin Subd. 5. new text end

new text begin Preference for monthly payment. new text end

new text begin There is a
presumption in favor of ordering child support in an amount that
reflects an obligor's monthly obligation.
new text end

new text begin Subd. 6. new text end

new text begin Preference for static payment. new text end

new text begin There is a
presumption in favor of ordering child support so that an
obligor makes the same monthly payments throughout the year, as
opposed to payment amounts that fluctuate by season or month.
If the obligor is seasonally employed, it is generally the
obligor's responsibility to budget income accordingly.
new text end

new text begin Subd. 7. new text end

new text begin Departure. new text end

new text begin The court may depart from a
presumption in subdivision 5 or 6 if:
new text end

new text begin (1) all parties agree; or
new text end

new text begin (2) the presumption would impose an extreme hardship on the
obligor and would not be in the best interests of the child.
new text end

new text begin Subd. 8. new text end

new text begin Accounting for child support by obligee. new text end

new text begin (a)
Upon an obligor's motion, a court may order an obligee to
account for the use or disposition of child support received.
The motion must assert the specific allegations of abuse or
misapplication of child support received and that a child's
needs are not being met. If the court orders a hearing, the
court may order an accounting only if the obligor establishes:
new text end

new text begin (1) the specific allegations of abuse or misapplication of
child support received;
new text end

new text begin (2) that the child's needs are not being met; and
new text end

new text begin (3) that there is no record or history of domestic abuse,
harassment, or violence between the parties.
new text end

new text begin (b) If the court orders an accounting under paragraph (a),
the obligee must provide documentation that breaks down monthly
expenditures of child support received into the following
categories:
new text end

new text begin (1) housing and utilities;
new text end

new text begin (2) food;
new text end

new text begin (3) transportation;
new text end

new text begin (4) clothing;
new text end

new text begin (5) health care;
new text end

new text begin (6) child care and education; and
new text end

new text begin (7) miscellaneous.
new text end

new text begin An obligee may account for expenditures on housing, utilities,
food, and transportation that are attributable to multiple
household members on a per capita basis.
new text end

new text begin (c) If the court finds that an obligee does not make the
accounting required under paragraph (b) or the obligee does not
spend the entire child support payment on behalf of the child,
the court may:
new text end

new text begin (1) hold the obligee in contempt of court pursuant to this
chapter, chapter 588, and the Minnesota Court Rules;
new text end

new text begin (2) reduce or eliminate the obligor's child support
obligation;
new text end

new text begin (3) order the obligee to make future expenditures on behalf
of the child, whether in whole or in part, in a manner that
documents the transaction; or
new text end

new text begin (4) make any other appropriate order to ensure that the
child's needs are met.
new text end

new text begin (d) If the court determines that an obligor's motion under
this section is brought in bad faith, the court may award
reasonable attorney fees to the obligee.
new text end

new text begin Subd. 9. new text end

new text begin Child support to be distinguished from
maintenance. new text end

new text begin In a judgment of dissolution or legal separation,
the court must clearly distinguish between payments ordered for
maintenance and payments ordered for child support. An award of
payments from future income or earnings of the parent with whom
the child resides is presumed to be maintenance and an award of
payments from the future income or earnings of the other parent
is presumed to be child support, unless otherwise designated by
the court.
new text end

new text begin Subd. 10. new text end

new text begin Other custodians. new text end

new text begin If a child resides with a
person other than a parent and the court approves of the custody
arrangement, the court may order child support payments to be
made to the custodian regardless of whether the person has legal
custody.
new text end

new text begin Subd. 11.new text end

new text begin Either parent liable; marital misconduct
irrelevant.new text end

new text begin The court may order either or both parents owing a
duty of support to a child to pay an amount reasonable or
necessary for the child's support, without regard to marital
misconduct.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 8 is effective July 1, 2007.
new text end

Sec. 5.

new text begin [517C.05] TEMPORARY ORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Motion; scope. new text end

new text begin In a child support
proceeding a party may, by motion, request that the court grant
a temporary order pending the final disposition of the
proceeding for temporary child support, costs, and reasonable
attorney fees. Additionally, to facilitate the just and speedy
disposition of the proceeding, the court may require a party to
perform or refrain from performing additional acts.
new text end

new text begin Subd. 2. new text end

new text begin Duration. new text end

new text begin A temporary order continues in full
force and effect until:
new text end

new text begin (1) it is amended;
new text end

new text begin (2) it is vacated;
new text end

new text begin (3) the main action is dismissed; or
new text end

new text begin (4) a final decree of dissolution, legal separation, or
other final order is entered.
new text end

new text begin Subd. 3. new text end

new text begin Factors. new text end

new text begin The court must consider the factors
set forth in this chapter in making temporary orders.
new text end

new text begin Subd. 4. new text end

new text begin Evidence. new text end

new text begin Temporary orders must be made solely
on the basis of affidavits and argument of counsel unless:
new text end

new text begin (1) a party makes a timely motion or responsive motion to
hear the matter on oral testimony before the court; or
new text end

new text begin (2) the court, in its discretion, orders the taking of oral
testimony.
new text end

new text begin Subd. 5. new text end

new text begin Limited effect. new text end

new text begin A temporary order does not
prejudice the rights of the parties or the child that are to be
adjudicated at subsequent hearings in the proceeding.
new text end

new text begin Subd. 6. new text end

new text begin Revocation; modification. new text end

new text begin A temporary order may
be revoked or modified by the court before the final disposition
of the proceeding upon the same grounds and subject to the same
requirements as the initial granting of the order.
new text end

Sec. 6.

new text begin [517C.06] DETERMINATION OF CONTROLLING ORDER.
new text end

new text begin The public authority or a party may request the court to
determine a controlling order when more than one order involving
the same obligor and child exists.
new text end

Sec. 7.

new text begin [517C.07] ATTORNEY FEES; COSTS AND
DISBURSEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin (a) Except as provided in
section 517C.84, in a proceeding under this chapter, the court
must award attorney fees, costs, and disbursements in an amount
necessary to enable a party to carry on or contest the
proceeding if:
new text end

new text begin (1) the fees are necessary for the good-faith assertion of
the party's rights in the proceeding and will not contribute
unnecessarily to the length and expense of the proceeding;
new text end

new text begin (2) the party from whom fees, costs, and disbursements are
sought has the means to pay them; and
new text end

new text begin (3) the party to whom fees, costs, and disbursements are
awarded does not have the means to pay them.
new text end

new text begin (b) Fees, costs, and disbursements may be awarded at any
point during or after a proceeding under this chapter, including
if a proceeding is dismissed or abandoned.
new text end

new text begin (c) The court may assess costs and disbursements against
either party.
new text end

new text begin Subd. 2. new text end

new text begin Unreasonable actions. new text end

new text begin The court may, in its
discretion, assess additional fees, costs, and disbursements
against a party who unreasonably contributes to the length or
expense of the proceeding.
new text end

new text begin Subd. 3. new text end

new text begin Collection. new text end

new text begin The court may authorize the
collection of money awarded by execution, out of property
sequestered, or in any other manner within the power of the
court. An award of attorney fees survives the proceeding. If
the award is not paid by the party directed to pay it, the award
may be enforced as provided by this subdivision or by a separate
civil action brought in the attorney's own name.
new text end

Sec. 8.

new text begin [517C.10] EXCHANGE OF INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Documentation. new text end

new text begin (a) The parties must
timely serve and file documentation of earnings and income.
When there is a prehearing conference, the court must receive
the documentation at least ten days before the prehearing
conference.
new text end

new text begin (b) Documentation of earnings and income includes, but is
not limited to, pay stubs for the most recent three months,
employer statements, or statement of receipts and expenses if
self-employed. Documentation of earnings and income also
includes copies of each parent's most recent federal tax
returns, W-2 forms, 1099 forms, unemployment insurance benefits
statements, workers' compensation statements, and all other
documents evidencing the receipt of income that provide
verification of income over a longer period.
new text end

new text begin Subd. 2. new text end

new text begin Exchange of tax returns. new text end

new text begin At any time after a
party commences an action seeking child support or when a child
support order is in effect, a party or the public authority may
require the other party to give them a copy of the other party's
most recent federal tax returns that were filed with the
Internal Revenue Service. The party must provide a copy of the
tax returns within 30 days of receiving the request unless the
request is not made in good faith. A party may not make a
request under this subdivision more than once every two years,
in the absence of good cause.
new text end

new text begin Subd. 3. new text end

new text begin Notice of address or residence change. new text end

new text begin An
obligor must notify other parties of a change of address or
residence within 60 days of the address or residence change.
new text end

new text begin Subd. 4. new text end

new text begin Notice to public authority; public assistance.
new text end

new text begin The petitioner must notify the public authority of all
proceedings for dissolution, legal separation, determination of
parentage, or for the custody of a child, if either party is
receiving public assistance or applies for it subsequent to the
commencement of the proceeding. The notice must contain the
full names of the parties to the proceeding, their Social
Security account numbers, and their birth dates.
new text end

new text begin Subd. 5. new text end

new text begin Failure of notice. new text end

new text begin If the court in a
dissolution, legal separation, or determination of parentage
proceeding, finds before issuing the order for judgment and
decree, that notification has not been given to the public
authority, the court must set child support according to the
guidelines in this chapter. In those proceedings in which no
notification has been made pursuant to this section and in which
the public authority determines that the judgment is lower than
the child support required by the guidelines in this chapter, it
must move the court for a redetermination of the support
payments ordered so that the support payments comply with the
guidelines.
new text end

Sec. 9.

new text begin [517C.11] PRIVACY PROTECTION; PERSONAL
PROTECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Social security numbers; tax returns. new text end

new text begin The
Social Security numbers and tax returns required under this
chapter are not accessible to the public, except that they must
be disclosed to the other parties to a proceeding as provided in
section 517C.10.
new text end

new text begin Subd. 2. new text end

new text begin Modification of certain requirements. new text end

new text begin The court
may waive, modify, or limit the information exchange
requirements of this chapter by order if necessary to protect a
party from contact by another party.
new text end

new text begin Subd. 3. new text end

new text begin Access to address for service of process. new text end

new text begin (a)
If the public authority is a party or is providing services in a
child support case, a party may obtain an ex parte order under
this subdivision. The party may obtain an ex parte order
requiring the public authority to serve legal documents on the
other party by mail if the party submits a sworn affidavit to
the court stating that:
new text end

new text begin (1) the party needs to serve legal process in a support
proceeding and does not have access to the address of the other
party;
new text end

new text begin (2) the party has made reasonable efforts to locate the
other party; and
new text end

new text begin (3) the other party is not represented by counsel.
new text end

new text begin (b) The public authority must serve legal documents
provided by the moving party at the last known address of the
other party upon receipt of a court order under paragraph (a).
The public authority must provide for appropriate service and
must certify to all parties the date of service by mail. The
public authority's proof of service must not include the place
or address of service.
new text end

new text begin (c) The state court administrator must prepare and make
available forms for use in seeking access to an address under
this subdivision.
new text end

Sec. 10.

new text begin [517C.12] INCOME.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of calculating
child support under this chapter, "income" means gross income.
new text end

new text begin Subd. 2. new text end

new text begin Sources. new text end

new text begin For purposes of this chapter, income
includes any form of periodic payment to an individual
including, but not limited to:
new text end

new text begin (1) wages;
new text end

new text begin (2) salaries;
new text end

new text begin (3) payments to an independent contractor;
new text end

new text begin (4) workers' compensation;
new text end

new text begin (5) unemployment insurance benefits;
new text end

new text begin (6) annuity;
new text end

new text begin (7) military and naval retirement;
new text end

new text begin (8) pension and disability payments; and
new text end

new text begin (9) in-kind payments received by the obligor in the course
of employment, self-employment, or operation of a business if
the payments reduce the obligor's living expenses.
new text end

new text begin Subd. 3. new text end

new text begin Commissions; bonuses. new text end

new text begin If the court finds that a
party's commissions or bonuses are reliable and predictable, the
court may include them in income calculations.
new text end

new text begin Subd. 4. new text end

new text begin Self-employment; independent contractors.
new text end

new text begin Income from self-employment is equal to gross receipts minus
ordinary and necessary expenses. Ordinary and necessary
expenses include what would otherwise be the employer's share of
the contributions under the Federal Insurance Contributions Act
(FICA), United States Code, title 26, subtitle C, chapter 21,
subchapter A, sections 3101 to 3126. Ordinary and necessary
expenses do not necessarily include amounts allowed by the
Internal Revenue Service for accelerated depreciation expenses
or investment tax credits or any other business expenses
determined by the court to be inappropriate for determining
income for purposes of child support. The person seeking to
deduct an expense, including depreciation, has the burden of
proving, if challenged, that the expense is ordinary and
necessary. Income calculated under this section may be
different from taxable income.
new text end

new text begin Subd. 5. new text end

new text begin Public assistance exclusions. new text end

new text begin Benefits received
under chapter 256J and title IV-A of the Social Security Act are
not income under this section.
new text end

new text begin Subd. 6. new text end

new text begin Overtime. new text end

new text begin (a) Income does not include
compensation received by a party for employment in excess of a
40-hour work week if:
new text end

new text begin (1) the excess employment is not within the normal range of
hours worked, given the party's employment history;
new text end

new text begin (2) the excess employment is voluntary and not a condition
of employment;
new text end

new text begin (3) the excess employment is in the nature of additional,
part-time, or overtime employment compensable by the hour or
fraction of an hour; and
new text end

new text begin (4) the party's compensation structure has not been changed
for the purpose of affecting a child support obligation.
new text end

new text begin (b) The court may presume that a party with seasonal or
intermittent income who works periods in excess of a 40-hour
work week, but who works a substantially normal number of hours
over the course of a year, is working within the normal range of
hours worked.
new text end

new text begin Subd. 7. new text end

new text begin Income of a spouse or other household
member. new text end

new text begin (a) Income must not include the income of a party's
spouse or other household member. The court must not consider
the income or resources provided by a spouse or other household
member when determining all the earnings, income, and resources
of a parent under sections 517C.25 to 517C.29.
new text end

new text begin (b) Notwithstanding paragraph (a), the court may issue an
order permitting discovery of a spouse's or other household
member's income information if there is probable cause to
believe the spouse or other household member is being used to
shelter income from a party. If the court finds that income was
improperly or unfairly sheltered, it may impute income to the
party or otherwise adjust the support amount in a just and
proper manner. However, the court may not under any
circumstances consider income or resources properly attributable
to a spouse or other household member when setting support.
new text end

new text begin Subd. 8. new text end

new text begin Prior support or maintenance orders. new text end

new text begin The amount
of a support or maintenance order, not including orders for
support or maintenance debts or arrears, must be deducted from
income.
new text end

new text begin Subd. 9. new text end

new text begin Legally dependent child. new text end

new text begin (a) For purposes of
this subdivision, a "legally dependent child" means a child:
new text end

new text begin (1) whose primary residence is with a parent eligible for a
deduction from income under this subdivision;
new text end

new text begin (2) whom the parent has the legal duty to support;
new text end

new text begin (3) who is not a subject of the current child support
action;
new text end

new text begin (4) for whom the parent is not ordered to pay child
support; and
new text end

new text begin (5) for whom no other person has court-ordered sole
physical custody.
new text end

new text begin (b) The court must deduct an amount from a parent's income
for a legally dependent child. The amount deducted from income
for each legally dependent child must be computed using the
following method:
new text end

new text begin (1) determine 120 percent of the federal poverty guidelines
for a family size equal to two parents plus each legally
dependent child;
new text end

new text begin (2) divide the amount determined under clause (1) by the
family size determined under clause (1);
new text end

new text begin (3) multiply the amount calculated under clause (2) by the
number of legally dependent children; and
new text end

new text begin (4) divide the amount calculated under clause (3) by two to
determine the deduction amount for one parent. The amount
determined for one parent must be divided by 12 to determine the
amount of the deduction from a parent's monthly income.
new text end

new text begin (c) The commissioner of human services must publish a table
listing the amount of the deduction for each legally dependent
child by family size and must update the table for changes to
the federal poverty guidelines by July 1 of each year.
new text end

Sec. 11.

new text begin [517C.13] IMPUTED INCOME.
new text end

new text begin Subdivision 1. new text end

new text begin Nonappearance of a parent. new text end

new text begin If a parent
under the jurisdiction of the court does not appear at a court
hearing after proper notice of the time and place of the
hearing, the court must set income for that parent based on
credible evidence before the court or in accordance with
subdivision 3. Credible evidence may include documentation of
current or recent income, testimony of the other parent
concerning recent earnings and income levels, and the parent's
wage reports filed with the Minnesota Department of Employment
and Economic Development under section 268.044.
new text end

new text begin Subd. 2. new text end

new text begin Voluntary unemployment or underemployment. new text end

new text begin (a)
The principles of income imputation apply equally to both
parents.
new text end

new text begin (b) If the court finds that a parent is voluntarily
unemployed or underemployed or was voluntarily unemployed or
underemployed during the period for which past support is being
sought, a court must calculate support based on a determination
of imputed income.
new text end

new text begin (c) A parent is not considered voluntarily unemployed or
underemployed upon a showing by the parent that:
new text end

new text begin (1) the unemployment or underemployment is temporary and
will ultimately lead to an increase in income;
new text end

new text begin (2) the unemployment or underemployment represents a bona
fide career change that outweighs the adverse effect of that
parent's diminished income on the child;
new text end

new text begin (3) the parent is a recipient of public assistance under
section 256.741; or
new text end

new text begin (4) the parent is physically or mentally incapacitated.
new text end

new text begin (d) Imputed income means the estimated earning ability of a
parent based on the parent's prior earnings history, education,
and job skills, and on availability of jobs within the community
for an individual with the parent's qualifications.
new text end

new text begin Subd. 3. new text end

new text begin Insufficient information. new text end

new text begin If there is
insufficient information to determine actual income or to impute
income pursuant to subdivision 1 or 2, the court may calculate
support based on full-time employment of 40 hours per week at
150 percent of the federal minimum wage or the Minnesota minimum
wage, whichever is higher.
new text end

new text begin Subd. 4. new text end

new text begin Parent providing at-home child care. new text end

new text begin If a
parent stays home to care for a child who is the subject of the
child support order, the court must consider the following
factors when determining whether the parent is voluntarily
unemployed or underemployed:
new text end

new text begin (1) the parties' parenting and child care arrangements
before the child support action;
new text end

new text begin (2) the stay-at-home parent's employment history, including
recency of employment and earnings, and the availability of jobs
within the community for an individual with the parent's
qualifications;
new text end

new text begin (3) the relationship between the employment-related
expenses, including child care, transportation costs, suitable
clothing, and other items required for the parent to be
employed, and the income the stay-at-home parent could receive
from available jobs within the community for an individual with
the parent's qualifications;
new text end

new text begin (4) the child's age and health, including whether the child
is physically or mentally disabled; and
new text end

new text begin (5) the availability of appropriate child care providers.
new text end

Sec. 12.

new text begin [517C.14] PRESUMPTIVE CHILD SUPPORT ORDER;
GENERAL.
new text end

new text begin Subdivision 1. new text end

new text begin Rebuttable presumption. new text end

new text begin The guidelines in
sections 517C.12 to 517C.18 are a rebuttable presumption and
must be used in all cases when establishing or modifying child
support.
new text end

new text begin Subd. 2.new text end [CHILD'S INSURANCE BENEFIT.] new text begin In establishing or
modifying child support, if a child receives a child's insurance
benefit under United States Code, title 42, section 402, because
the obligor is entitled to old age or disability insurance
benefits, the amount of support ordered must be offset by the
amount of the child's benefit. The court must make findings
regarding the obligor's income from all sources, the child
support amount calculated under this chapter, the amount of the
child's benefit, and the obligor's child support obligation. A
benefit received by the child in a given month in excess of the
child support obligation must not be treated as a payment of
arrears or a future payment.
new text end

Sec. 13.

new text begin [517C.15] BASIC SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Basic support; schedule. new text end

new text begin (a) Unless
otherwise agreed to by the parents and approved by the court,
the court must order that basic support be divided between the
parents based on their proportionate share of the parents'
combined monthly income, as determined under section 517C.12.
new text end

new text begin (b) For parents with a combined monthly income less than or
equal to 100 percent of the federal poverty guidelines amount
for two people, the commissioner of human services must
determine the percentages in this paragraph by taking two times
the minimum basic support amount under section 517C.18,
subdivision 2, divided by 100 percent of the federal poverty
guidelines amount for two people. For all other parents, basic
support must be computed using the following schedule, prepared
based on 2001 United States Department of Agriculture
expenditure data:
new text end

new text begin Parents' new text end new text begin Number of Children
Combined
Monthly
Income new text end new text begin One new text end new text begin Two new text end new text begin Three new text end new text begin Four new text end new text begin Five new text end new text begin Six
new text end

new text begin Below $1,000 new text end new text begin 10.0% new text end new text begin 16.1% new text end new text begin 18.6% new text end new text begin 21.6% new text end new text begin 25.1% new text end new text begin 29.1%
$1,000 - $1,499 new text end new text begin 10.0% new text end new text begin 16.1% new text end new text begin 18.6% new text end new text begin 21.6% new text end new text begin 25.1% new text end new text begin 29.1%
$1,500 - $1,999 new text end new text begin 19.4% new text end new text begin 31.3% new text end new text begin 36.2% new text end new text begin 42.0% new text end new text begin 48.7% new text end new text begin 56.5%
$2,000 - $2,499 new text end new text begin 28.7% new text end new text begin 46.3% new text end new text begin 53.5% new text end new text begin 62.1% new text end new text begin 72.0% new text end new text begin 83.5%
$2,500 - $2,999 new text end new text begin 25.0% new text end new text begin 40.3% new text end new text begin 46.5% new text end new text begin 53.9% new text end new text begin 62.6% new text end new text begin 72.6%
$3,000 - $3,499 new text end new text begin 22.5% new text end new text begin 36.3% new text end new text begin 41.9% new text end new text begin 48.6% new text end new text begin 56.4% new text end new text begin 65.4%
$3,500 - $3,999 new text end new text begin 20.7% new text end new text begin 33.4% new text end new text begin 38.5% new text end new text begin 44.7% new text end new text begin 51.8% new text end new text begin 60.1%
$4,000 - $4,499 new text end new text begin 19.4% new text end new text begin 31.2% new text end new text begin 36.1% new text end new text begin 41.9% new text end new text begin 48.6% new text end new text begin 56.3%
$4,500 - $4,999 new text end new text begin 18.3% new text end new text begin 29.6% new text end new text begin 34.1% new text end new text begin 39.6% new text end new text begin 45.9% new text end new text begin 53.2%
$5,000 - $5,499 new text end new text begin 17.5% new text end new text begin 28.2% new text end new text begin 32.6% new text end new text begin 37.8% new text end new text begin 43.9% new text end new text begin 50.9%
$5,500 - $5,999 new text end new text begin 16.8% new text end new text begin 27.1% new text end new text begin 31.3% new text end new text begin 36.3% new text end new text begin 42.1% new text end new text begin 48.9%
$6,000 - $6,400 new text end new text begin 16.2% new text end new text begin 26.2% new text end new text begin 30.2% new text end new text begin 35.0% new text end new text begin 40.6% new text end new text begin 47.1%
$6,500 - $6,999 new text end new text begin 15.8% new text end new text begin 25.4% new text end new text begin 29.3% new text end new text begin 34.0% new text end new text begin 39.4% new text end new text begin 45.7%
$7,000 - $7,499 new text end new text begin 15.4% new text end new text begin 24.8% new text end new text begin 28.6% new text end new text begin 33.2% new text end new text begin 38.5% new text end new text begin 44.6%
$7,500 - $7,999 new text end new text begin 15.0% new text end new text begin 24.2% new text end new text begin 27.9% new text end new text begin 32.4% new text end new text begin 37.5% new text end new text begin 43.5%
$8,000 - $8,499 new text end new text begin 14.7% new text end new text begin 23.7% new text end new text begin 27.3% new text end new text begin 31.7% new text end new text begin 36.7% new text end new text begin 42.6%
$8,500 - $8,999 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$9,000 - $9,499 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$9,500 - $9,999 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$10,000 - $10,499 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$10,500 - $10,999 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$11,000 - $11,499 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$11,500 - $11,999 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$12,000 - $12,499 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$12,500 - $12,999 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$13,000 - $13,499 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$13,500 - $13,999 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$14,000 - $14,499 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$14,500 - $14,999 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
new text end

new text begin $15,000 or
the amount new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
in effect
under subd. 4
new text end

new text begin (c) The commissioner of human services must compute and
publish a schedule of basic support amounts calculated using the
percentages in paragraph (b). The schedule must show basic
support amounts for combined monthly income increments of not
more than $100. The commissioner must determine the percentages
for each income increment by interpolating between the
percentages in paragraph (b). The commissioner may disregard a
fractional part of a dollar unless it amounts to 50 cents or
more, in which case the commissioner may increase the amount by
$1.
new text end

new text begin Subd. 2. new text end

new text begin Separate household adjustment. new text end

new text begin After
determining each parent's basic support under subdivision 1, the
court must reduce the basic support of each parent by 20 percent.
new text end

new text begin Subd. 3. new text end

new text begin Joint physical custody. new text end

new text begin (a) If a court order
establishes a parenting time schedule wherein the obligor has
care of the child at least 45 percent of the time, an obligor's
basic support obligation is 50 percent of the difference between
the parents' basic support obligation, as determined under
subdivision 1.
new text end

new text begin (b) A parenting time division approximates joint physical
custody if each parent provides, or is responsible for
providing, care at least 45 percent of the days in a year.
new text end

new text begin Subd. 4. new text end

new text begin Income cap on determining basic support. new text end

new text begin (a)
The basic support obligation for parents with a combined monthly
income in excess of the income limit currently in effect under
subdivision 1 must be the same dollar amount as provided for
parents with a combined monthly income equal to the income limit
in effect under subdivision 1.
new text end

new text begin (b) A court may order a basic support obligation in a child
support order in an amount that exceeds the income limit in
subdivision 1 if it finds that a child has a disability or other
substantial, demonstrated need for the additional support and
that the additional support will directly benefit the child.
new text end

new text begin (c) The dollar amount for the cap in subdivision 1 must be
adjusted on July 1 of every even-numbered year to reflect
cost-of-living changes. The Supreme Court must select the index
for the adjustment from the indices listed in section 517C.31.
The state court administrator must make the changes in the
dollar amounts required by this paragraph available to courts
and the public on or before April 30 of the year in which the
amount is to change.
new text end

new text begin Subd. 5. new text end

new text begin More than six children. new text end

new text begin If a child support
proceeding involves more than six children, the court may derive
a support order without specifically following the guidelines.
However, the court must consider the basic principles
encompassed by the guidelines and must consider both parents'
needs, resources, and circumstances.
new text end

new text begin Subd. 6. new text end

new text begin Report to legislature. new text end

new text begin By January 15 each year,
the commissioner of human services must submit a report to the
legislature on the basic support schedule. The report must
include the following:
new text end

new text begin (1) information on any changes to the United States
Department of Agriculture expenditure data used in constructing
the basic support schedule under subdivision 1;
new text end

new text begin (2) information on any new sources of economic data that
could be used to construct a basic support schedule; and
new text end

new text begin (3) a summary of any problems or concerns with implementing
or applying the basic support schedule, and recommendations on
how to resolve those problems or concerns.
new text end

Sec. 14.

new text begin [517C.16] CHILD CARE SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Child care costs. new text end

new text begin Unless otherwise agreed
to by the parties and approved by the court, the court must
order that the child care costs be divided between the obligor
and obligee based on their proportionate share of the parties'
combined monthly income, as determined under section 517C.12.
new text end

new text begin Subd. 2. new text end

new text begin Low-income obligor. new text end

new text begin (a) If the obligor's income
as determined under section 517C.12 meets the income eligibility
requirements for child care assistance under the basic sliding
fee program under chapter 119B, the court must order the obligor
to pay the lesser of the following amounts:
new text end

new text begin (1) the amount of the obligor's monthly co-payment for
child care assistance under the basic sliding fee schedule
established by the commissioner of education under chapter 119B,
based on an obligor's monthly gross income as determined under
section 517C.12 and the size of the obligor's household. For
purposes of this subdivision, the obligor's household includes
the obligor and the number of children for whom child support is
being ordered; or
new text end

new text begin (2) the amount of the obligor's child care obligation under
subdivision 1.
new text end

new text begin (b) The commissioner of human services must publish a table
with the child care assistance basic sliding fee amounts and
update the table for changes to the basic sliding fee schedule
by July 1 of each year.
new text end

new text begin Subd. 3. new text end

new text begin Determining costs. new text end

new text begin (a) The court must require
verification of employment or school attendance and
documentation of child care expenses from the obligee and the
public authority, if applicable.
new text end

new text begin (b) If child care expenses fluctuate during the year
because of the obligee's seasonal employment or school
attendance or extended periods of parenting time with the
obligor, the court must determine child care expenses based on
an average monthly cost.
new text end

new text begin (c) The amount allocated for child care expenses is
considered child support but is not subject to a cost-of-living
adjustment under section 517C.31.
new text end

new text begin (d) The court may allow the parent with whom the child does
not reside to care for the child while the parent with whom the
child resides is working or attending school, as provided in
section 517B.25, subdivision 8. Allowing the parent with whom
the child does not reside to care for the child under section
517B.25, subdivision 8, is not a reason to deviate from the
guidelines.
new text end

new text begin Subd. 4. new text end

new text begin Change in child care. new text end

new text begin (a) When a court order
provides for child care expenses and the public authority
provides child support enforcement services, the public
authority must suspend collecting the amount allocated for child
care expenses when:
new text end

new text begin (1) either party informs the public authority that no child
care costs are being incurred; and
new text end

new text begin (2) the public authority verifies the accuracy of the
information.
new text end

new text begin The public authority will resume collecting child care expenses
when either party provides information that child care costs
have resumed.
new text end

new text begin (b) If the parties provide conflicting information to the
public authority regarding whether child care expenses are being
incurred, the public authority will continue or resume
collecting child care expenses. Either party, by motion to the
court, may challenge the suspension or resumption of the
collection of child care expenses. If the public authority
suspends collection activities for the amount allocated for
child care expenses, all other provisions of the court order
remain in effect.
new text end

new text begin (c) In cases where there is a substantial increase or
decrease in child care expenses, the parties may modify the
order under section 517C.31.
new text end

Sec. 15.

new text begin [517C.17] MEDICAL SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this
subdivision apply to this chapter.
new text end

new text begin (a) "Health care coverage" means health care benefits that
are provided by a health plan. Health care coverage does not
include any form of medical assistance under chapter 256B or
MinnesotaCare under chapter 256L.
new text end

new text begin (b) "Health carrier" means a carrier as defined in sections
62A.011, subdivision 2, and 62L.02, subdivision 16.
new text end

new text begin (c) "Health plan" means a plan meeting the definition under
section 62A.011, subdivision 3, a group health plan governed
under the federal Employee Retirement Income Security Act of
1974 (ERISA), a self-insured plan under sections 43A.23 to
43A.317 and 471.617, or a policy, contract, or certificate
issued by a community-integrated service network licensed under
chapter 62N. Health plan includes plans: (1) provided on an
individual and group basis; (2) provided by an employer or
union; (3) purchased in the private market; and (4) available to
a person eligible to carry insurance for the child. Health plan
includes a plan providing for dependent-only dental or vision
coverage and a plan provided through a party's spouse or parent.
new text end

new text begin (d) "Medical support" means providing health care coverage
for a child by carrying health care coverage for the child or by
contributing to the cost of health care coverage, public
coverage, unreimbursed medical expenses, and uninsured medical
expenses of the child.
new text end

new text begin (e) "National medical support notice" means an
administrative notice issued by the public authority to enforce
health insurance provisions of a support order in accordance
with Code of Federal Regulations, title 45, section 303.32, in
cases where the public authority provides support enforcement
services.
new text end

new text begin (f) "Public coverage" means health care benefits provided
by any form of medical assistance under chapter 256B or
MinnesotaCare under chapter 256L.
new text end

new text begin (g) "Uninsured medical expenses" means a child's reasonable
and necessary health-related expenses if the child is not
covered by a health plan or public coverage when the expenses
are incurred.
new text end

new text begin (h) "Unreimbursed medical expenses" means a child's
reasonable and necessary health-related expenses if a child is
covered by a health plan or public coverage and the plan or
coverage does not pay for the total cost of the expenses when
the expenses are incurred. Unreimbursed medical expenses do not
include the cost of premiums. Unreimbursed medical expenses
include, but are not limited to, deductibles, co-payments, and
expenses for orthodontia, prescription eyeglasses and contact
lenses, and over-the-counter medicine.
new text end

new text begin Subd. 2. new text end

new text begin Order. new text end

new text begin (a) A completed national medical support
notice issued by the public authority or a court order that
complies with this section is a qualified medical child support
order under the federal Employee Retirement Income Security Act
of 1974 (ERISA), United States Code, title 29, section 1169(a).
new text end

new text begin (b) Every order addressing child support must state:
new text end

new text begin (1) the names, last known addresses, and Social Security
numbers of the parents and the child that is a subject of the
order unless the court prohibits the inclusion of an address or
Social Security number and orders the parents to provide the
address and Social Security number to the administrator of the
health plan;
new text end

new text begin (2) whether appropriate health care coverage for the child
is available and, if so, state:
new text end

new text begin (i) which party must carry health care coverage;
new text end

new text begin (ii) the cost of premiums and how the cost is allocated
between the parties;
new text end

new text begin (iii) how unreimbursed expenses will be allocated and
collected by the parties; and
new text end

new text begin (iv) the circumstances, if any, under which the obligation
to provide health care coverage for the child will shift from
one party to the other;
new text end

new text begin (3) if appropriate health care coverage is not available
for the child, whether a contribution for medical support is
required; and
new text end

new text begin (4) whether the amount ordered for medical support is
subject to a cost-of-living adjustment under section 517C.31.
new text end

new text begin Subd. 3. new text end

new text begin Determining appropriate health care
coverage. new text end

new text begin (a) In determining whether a party has appropriate
health care coverage for the child, the court must evaluate the
health plan using the following factors:
new text end

new text begin (1) accessible coverage. Dependent health care coverage is
accessible if the covered child can obtain services from a
health plan provider with reasonable effort by the parent with
whom the child resides. Health care coverage is presumed
accessible if:
new text end

new text begin (i) primary care coverage is available within 30 minutes or
30 miles of the child's residence and specialty care coverage is
available within 60 minutes or 60 miles of the child's
residence;
new text end

new text begin (ii) the coverage is available through an employer and the
employee can be expected to remain employed for a reasonable
amount of time; and
new text end

new text begin (iii) no preexisting conditions exist to delay coverage
unduly;
new text end

new text begin (2) comprehensive coverage. Dependent health care coverage
is comprehensive if it includes, at a minimum, medical and
hospital coverage and provides for preventive, emergency, acute,
and chronic care. If both parties have health care coverage
that meets the minimum requirements, the court must determine
which health care coverage is more comprehensive by considering
whether the coverage includes:
new text end

new text begin (i) basic dental coverage;
new text end

new text begin (ii) orthodontia;
new text end

new text begin (iii) eyeglasses;
new text end

new text begin (iv) contact lenses;
new text end

new text begin (v) mental health services; or
new text end

new text begin (vi) substance abuse treatment;
new text end

new text begin (3) affordable coverage. Dependent health care coverage is
affordable if a party's gross income is 150 percent of the
federal poverty guidelines or more and the party's contribution
to the health care coverage premium does not exceed five percent
of the party's gross income. If a party's gross income is less
than 150 percent of the federal poverty guidelines, it is
presumed that the party is unable to contribute to the cost of
health care coverage unless health care is available at no or
low cost to that party; and
new text end

new text begin (4) the child's special medical needs, if any.
new text end

new text begin (b) If both parties have health care coverage available for
a child, and the court determines under paragraph (a), clauses
(1) and (2), that the available coverage is comparable with
regard to accessibility and comprehensiveness, the least costly
health care coverage is the appropriate health care coverage for
the child.
new text end

new text begin Subd. 4. new text end

new text begin Ordering health care coverage. new text end

new text begin (a) If a child
is presently enrolled in health care coverage, the court must
order that the parent who currently has the child enrolled
continue that enrollment unless the parties agree otherwise or a
party requests a change in coverage and the court determines
that other health care coverage is more appropriate.
new text end

new text begin (b) If a child is not presently enrolled in health care
coverage, upon motion of a party or the public authority, the
court must determine whether one or both parties have
appropriate health care coverage for the child and order the
party with appropriate health care coverage available to carry
the coverage for the child.
new text end

new text begin (c) If only one party has appropriate health care coverage
available, the court must order that party to carry the coverage
for the child.
new text end

new text begin (d) If both parties have appropriate health care coverage
available, the court must order the parent with whom the child
resides to carry the coverage for the child, unless:
new text end

new text begin (1) either party expresses a preference for coverage
available through the parent with whom the child does not
reside;
new text end

new text begin (2) the parent with whom the child does not reside is
already carrying dependent health care coverage for other
children and the cost of contributing to the premiums of the
other parent's coverage would cause the parent with whom the
child does not reside extreme hardship; or
new text end

new text begin (3) the parents agree to provide coverage and agree on the
allocation of costs.
new text end

new text begin (e) If the exception in paragraph (d), clause (1) or (2),
applies, the court must determine which party has the most
appropriate coverage available and order that party to carry
coverage for the child. If the court determines under
subdivision 3, paragraph (a), clauses (1) and (2), that the
parties' health care coverage for the child is comparable with
regard to accessibility and comprehensiveness, the court must
order the party with the least costly health care coverage to
carry coverage for the child.
new text end

new text begin (f)(1) If neither party has appropriate health care
coverage available, the court must order the parents to:
new text end

new text begin (i) contribute toward the actual health care costs of the
children based on a pro rata share; or
new text end

new text begin (ii) if the child is receiving any form of assistance under
chapter 256B or MinnesotaCare under chapter 256L, the parent
with whom the child does not reside shall contribute a monthly
amount toward the actual cost of medical assistance under
chapter 256B or MinnesotaCare under chapter 256L determined by
the court to be just and appropriate. The contribution of the
parent with whom the child resides is the monthly contribution
as determined by the eligibility requirements for public
coverage.
new text end

new text begin (2) If the court finds pro rata apportionment unjust or
inappropriate, the court shall:
new text end

new text begin (i) order the parties to contribute the amount of the
health care costs the court finds just and appropriate; and
new text end

new text begin (ii) make findings regarding the factors considered, the
amount of each parent's share of the cost, and the reasons the
court did not order pro rata apportionment.
new text end

new text begin A presumption of no less than $50 per month must be applied to
the actual health care costs of the children or to the cost of
health care coverage.
new text end

new text begin (g) The commissioner of human services must publish a table
with the premium schedule for public coverage and update the
chart for changes to the schedule by July 1 of each year.
new text end

new text begin Subd. 5. new text end

new text begin Medical support costs; unreimbursed and
uninsured medical expenses. new text end

new text begin (a) Unless otherwise agreed to by
new text end
the parties and approved by the court, the court must order that
the cost of health care coverage and all unreimbursed and
uninsured medical expenses be divided between the obligor and
obligee based on their proportionate share of the parties'
combined monthly income, as determined under section 517C.12.

new text begin (b) If a party owes a child support obligation for a child
and is ordered to carry health care coverage for the child, and
the other party is ordered to contribute to the carrying party's
cost for coverage, the carrying party's child support payment
must be reduced by the amount of the contributing party's
contribution.
new text end

new text begin (c) If a party owes a child support obligation for a child
and is ordered to contribute to the other party's cost for
carrying health care coverage for the child, the contributing
party's child support payment must be increased by the amount of
the contribution.
new text end

new text begin (d) If the party ordered to carry health care coverage for
the child already carries dependent health care coverage for
other dependents and would incur no additional premium costs to
add the child to the existing coverage, the court must not order
the other party to contribute to the premium costs for coverage
of the child.
new text end

new text begin (e) If a party ordered to carry health care coverage for
the child does not already carry dependent health care coverage
but has other dependents who may be added to the ordered
coverage, the full premium costs of the dependent health care
coverage must be allocated between the parties in proportion to
the party's share of the parties' combined income, unless the
parties agree otherwise.
new text end

new text begin (f) If a party ordered to carry health care coverage for
the child is required to enroll in a health plan so that the
child can be enrolled in dependent health care coverage under
the plan, the court must allocate the costs of the dependent
health care coverage between the parties. The costs of the
health care coverage for the party ordered to carry the coverage
for the child must not be allocated between the parties.
new text end

new text begin Subd. 6. new text end

new text begin Health plan requirements. new text end

new text begin (a) If a health plan
administrator receives a completed national medical support
notice or court order, the plan administrator must notify the
parties, and the public authority if the public authority
provides support enforcement services, within 40 business days
after the date of the notice or after receipt of the court
order, of the following:
new text end

new text begin (1) whether coverage is available to the child under the
terms of the health plan and, if not, the reason why coverage is
not available;
new text end

new text begin (2) whether the child is covered under the health plan;
new text end

new text begin (3) the effective date of the child's coverage under the
health plan; and
new text end

new text begin (4) what steps, if any, are required to effectuate the
child's coverage under the health plan.
new text end

new text begin (b) If the employer or union offers more than one plan and
the national medical support notice or court order does not
specify the plan to be carried, the plan administrator must
notify the parents and the public authority if the public
authority provides support enforcement services. When there is
more than one option available under the plan, the public
authority, in consultation with the parent with whom the child
resides, must promptly select from available plan options.
new text end

new text begin (c) The plan administrator must provide the parents and
public authority, if the public authority provides support
enforcement services, with a notice of the child's enrollment,
description of the coverage, and any documents necessary to
effectuate coverage.
new text end

new text begin (d) The health plan must send copies of all correspondence
regarding the health care coverage to the parents.
new text end

new text begin (e) An insured child's parent's signature is a valid
authorization to a health plan for purposes of processing an
insurance reimbursement payment to the medical services provider
or to the parent, if medical services have been prepaid by that
parent.
new text end

new text begin Subd. 7. new text end

new text begin Employer or union liability. new text end

new text begin (a) An employer or
union that willfully fails to comply with the order or notice is
liable for any uninsured medical expenses incurred by the
dependents while the dependents were eligible to be enrolled in
the health plan and for any other premium costs incurred because
the employer or union willfully failed to comply with the order
or notice.
new text end

new text begin (b) An employer or union that fails to comply with the
order or notice is subject to a contempt finding, a $250 civil
penalty under section 517C.57, and is subject to a civil penalty
of $500 to be paid to the party entitled to reimbursement or the
public authority. Penalties paid to the public authority are
designated for child support enforcement services.
new text end

new text begin Subd. 8. new text end

new text begin Disenrollment; continuation of coverage;
coverage options. new text end

new text begin (a) Unless a court order provides otherwise,
a child for whom a party is required to provide health care
coverage under this section must be covered as a dependent of
the party until the child is emancipated, until further order of
the court, or as consistent with the terms of the coverage.
new text end

new text begin (b) The health carrier, employer, or union may not
disenroll or eliminate coverage for the child unless:
new text end

new text begin (1) the health carrier, employer, or union is provided
satisfactory written evidence that the court order is no longer
in effect;
new text end

new text begin (2) the child is or will be enrolled in comparable health
care coverage through another health plan that will take effect
no later than the effective date of the disenrollment;
new text end

new text begin (3) the employee is no longer eligible for dependent
coverage; or
new text end

new text begin (4) the required premium has not been paid by or on behalf
of the child.
new text end

new text begin (c) The health plan must provide 30 days' written notice to
the child's parents, and the public authority if the public
authority provides support enforcement services, before the
health plan disenrolls or eliminates the child's coverage.
new text end

new text begin (d) A child enrolled in health care coverage under a
qualified medical child support order, including a national
medical support notice, under this section is a dependent and a
qualified beneficiary under the Consolidated Omnibus Budget and
Reconciliation Act of 1985 (COBRA), Public Law 99-272. Upon
expiration of the order, the child is entitled to the
opportunity to elect continued coverage that is available under
the health plan. The employer or union must provide notice to
the parties and the public authority, if it provides support
services, within ten days of the termination date.
new text end

new text begin (e) If the public authority provides support enforcement
services and a plan administrator reports to the public
authority that there is more than one coverage option available
under the health plan, the public authority, in consultation
with the parent with whom the child resides, must promptly
select coverage from the available options.
new text end

new text begin Subd. 9. new text end

new text begin Disclosure of information. new text end

new text begin (a) If the public
authority provides support enforcement services, the parties
must provide the public authority with the following information:
new text end

new text begin (1) information relating to dependent health care coverage
or public coverage available for the benefit of the child for
whom support is sought, including all information required to be
included in a medical support order under this section;
new text end

new text begin (2) verification that application for court-ordered health
care coverage was made within 30 days of the court's order; and
new text end

new text begin (3) the reason that a child is not enrolled in
court-ordered health care coverage, if a child is not enrolled
in coverage or subsequently loses coverage.
new text end

new text begin (b) Upon request from the public authority under section
256.978, an employer, union, or plan administrator, including an
employer subject to the federal Employee Retirement Income
Security Act of 1974 (ERISA), United States Code, title 29,
section 1169(a), must provide the public authority the following
information:
new text end

new text begin (1) information relating to dependent health care coverage
available to a party for the benefit of the child for whom
support is sought, including all information required to be
included in a medical support order under this section; and
new text end

new text begin (2) information that will enable the public authority to
determine whether a health plan is appropriate for a child,
including, but not limited to, all available plan options, any
geographic service restrictions, and the location of service
providers.
new text end

new text begin (c) The employer, union, or plan administrator must not
release information regarding one party to the other party. The
employer, union, or plan administrator must provide both parties
with insurance identification cards and all necessary written
information to enable the parties to utilize the insurance
benefits for the covered dependent.
new text end

new text begin (d) The public authority is authorized to release to a
party's employer, union, or health plan information necessary to
verify availability of dependent health care coverage, or to
establish, modify, or enforce medical support.
new text end

new text begin (e) An employee must disclose to an employer if medical
support is required to be withheld under this section and the
employer must begin withholding according to the terms of the
order and under section 517C.52. If an employee discloses an
obligation to obtain health care coverage and coverage is
available through the employer, the employer must make all
application processes known to the individual and enroll the
employee and dependent in the plan.
new text end

new text begin Subd. 10. new text end

new text begin Income withholding; offset. new text end

new text begin (a) If a party
owes no child support obligation for a child and is an obligor
ordered to contribute to the other party's cost for carrying
health care coverage for the child, the obligor is subject to an
offset under subdivision 5 or income withholding under section
517C.52.
new text end

new text begin (b) If a party's court-ordered health care coverage for the
child terminates and the child is not enrolled in other health
care coverage or public coverage, and a modification motion is
not pending, the public authority may remove the offset to a
party's child support obligation or terminate income withholding
instituted against a party under section 517C.52. The public
authority must provide notice to the parties of the action.
new text end

new text begin (c) A party may contest the public authority's action to
remove the offset to the child support obligation or terminate
income withholding if the party makes a written request for a
hearing within 30 days after receiving written notice. If a
party makes a timely request for a hearing, the public authority
must schedule a hearing and send written notice of the hearing
to the parties by mail to the parties' last known addresses 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. The district court or child support
magistrate must determine whether removing the offset or
terminating income withholding is appropriate and, if
appropriate, the effective date for the removal or termination.
new text end

new text begin (d) If the party does not request a hearing, the district
court or child support magistrate must order the offset or
income withholding termination effective the first day of the
month following termination of the child's health care coverage.
new text end

new text begin Subd. 11. new text end

new text begin Collecting unreimbursed and uninsured medical
expenses. new text end

new text begin (a) A party must initiate a request for reimbursement
of unreimbursed and uninsured medical expenses within two years
of the date that the party incurred the unreimbursed or
uninsured medical expenses. The time period in this paragraph
does not apply if the location of the other party is unknown.
new text end

new text begin (b) A party seeking reimbursement of unreimbursed and
uninsured medical expenses must mail a written notice of intent
to collect the expenses and a copy of an affidavit of health
care expenses to the other party at the other party's last known
address.
new text end

new text begin (c) The written notice must include a statement that the
party has 30 days from the date the notice was mailed to (1) pay
in full; (2) enter a payment agreement; or (3) file a motion
requesting a hearing contesting the matter. If the public
authority provides support enforcement services, the written
notice also must include a statement that the requesting party
must submit the amount due to the public authority for
collection.
new text end

new text begin (d) The affidavit of health care expenses must itemize and
document the child's unreimbursed or uninsured medical expenses
and include copies of all bills, receipts, and insurance company
explanations of benefits.
new text end

new text begin (e) If the public authority provides support enforcement
services, the party seeking reimbursement must send to the
public authority a copy of the written notice, the original
affidavit, and copies of all bills, receipts, and insurance
company explanations of benefits.
new text end

new text begin (f) If the party does not respond to the request for
reimbursement within 30 days, the party seeking reimbursement or
public authority, if the public authority provides support
enforcement services, must commence an enforcement action
against the party under subdivision 12.
new text end

new text begin (g) The public authority must serve the other party with a
notice of intent to enforce unreimbursed and uninsured medical
expenses and file an affidavit of service by mail with the
district court administrator. The notice must state that,
unless the party (1) pays in full; (2) enters into a payment
agreement; or (3) files a motion contesting the matter within 14
days of service of the notice, the public authority will
commence enforcement of the expenses as medical support arrears
under subdivision 12.
new text end

new text begin (h) If the party files a timely motion for a hearing
contesting the requested reimbursement, the contesting party
must schedule a hearing in district court or in the expedited
child support process if section 484.702 applies. The
contesting party must provide the party seeking reimbursement
and the public authority, if the public authority provides
support enforcement services, with written notice of the hearing
at least 14 days before the hearing by mailing notice of the
hearing to the public authority and the party at the party's
last known address. The party seeking reimbursement must file
the original affidavit of health care expenses with the court at
least five days before the hearing. Based upon the evidence
presented, the district court or child support magistrate must
determine liability for the expenses and order that the liable
party is subject to enforcement of the expenses as medical
support arrears under subdivision 12.
new text end

new text begin Subd. 12. new text end

new text begin Enforcing an order for medical support
arrears. new text end

new text begin (a) If a party liable for unreimbursed and uninsured
medical expenses owes a child support obligation to the party
seeking reimbursement of the expenses, the expenses must be
collected as medical support arrears.
new text end

new text begin (b) If a party liable for unreimbursed and uninsured
medical expenses does not owe a child support obligation to the
party seeking reimbursement, and the party seeking reimbursement
owes the liable party basic support arrears, the liable party's
medical support arrears must be deducted from the amount of the
basic support arrears.
new text end

new text begin (c) If a liable party owes medical support arrears after
deducting the amount owed from the amount of the child support
arrears owed by the party seeking reimbursement, it must be
collected as follows:
new text end

new text begin (1) if the party seeking reimbursement owes a child support
obligation to the liable party, the child support obligation
must be reduced by 20 percent until the medical support arrears
are satisfied;
new text end

new text begin (2) if the party seeking reimbursement does not owe a child
support obligation to the liable party, the liable party's
income must be subject to income withholding under section
517C.52 for an amount required under section 517C.71 until the
medical support arrears are satisfied; or
new text end

new text begin (3) if the party seeking reimbursement does not owe a child
support obligation, and income withholding under section 517C.52
is not available, payment of the medical support arrears must be
required under a payment agreement under section 517C.71.
new text end

new text begin (d) If a liable party fails to enter into or comply with a
payment agreement, the party seeking reimbursement or the public
authority, if it provides support enforcement services, may
schedule a hearing to have a court order payment. The party
seeking reimbursement or the public authority must provide the
liable party with written notice of the hearing at least 14 days
before the hearing.
new text end

Sec. 16.

new text begin [517C.18] SELF-SUPPORT ADJUSTMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Adjustment. new text end

new text begin (a) If the sum of the
obligor's basic support, child care support, and medical support
obligation leaves the obligor with remaining income in an amount
less than 120 percent of the federal poverty guidelines for one
person, the court must reduce the obligor's child support
obligation by an amount equal to the lesser of: (1) the
difference between the obligor's remaining income and 120
percent of the federal poverty guidelines amount; or (2) the
obligor's total child support obligation. If the self-support
adjustment results in an order amount less than $50 per month
for one or two children or $75 per month for three or more
children, the court must order basic support under subdivision 2.
new text end

new text begin (b) The court must apply the reduction to the obligor's
child support obligation in the following order:
new text end

new text begin (1) medical support obligation;
new text end

new text begin (2) child care support obligation; and
new text end

new text begin (3) basic support obligation.
new text end

new text begin Subd. 2. new text end

new text begin Minimum basic support amount. new text end

new text begin (a) If the
reduction under subdivision 1 equals the sum of the obligor's
basic support, child care support, and medical support
obligation, the court must order support as follows:
new text end

new text begin (1) for one or two children, the obligor's basic support
obligation is $50 per month; or
new text end

new text begin (2) for three or more children, the obligor's basic support
obligation is $75 per month.
new text end

new text begin (b) If the court orders the obligor to pay the minimum
basic support amount under this subdivision, the obligor is
presumed unable to pay child care support and medical support.
new text end

new text begin (c) If the court finds that an obligor receives no income
and completely lacks the ability to earn income, the minimum
basic support amount under this subdivision does not apply.
new text end

Sec. 17.

new text begin [517C.19] WORKSHEET.
new text end

new text begin The commissioner of human services must create and publish
a worksheet to assist in calculating child support under
sections 517C.12 to 517C.18. The worksheet must not impose
substantive requirements other than requirements contained in
sections 517C.12 to 517C.18. The commissioner must update the
worksheet by July 1 of each year. The commissioner must make an
interactive version of the worksheet available on the Department
of Human Services Web site.
new text end

Sec. 18.

new text begin [517C.20] DEVIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin General factors. new text end

new text begin In addition to the child
support guidelines, the court must take into consideration the
following factors in setting or modifying child support or in
determining whether to deviate from the guidelines:
new text end

new text begin (1) all earnings, income, and resources of the parents,
including real and personal property, but excluding income from
excess employment of the obligor or obligee that meets the
criteria of section 517C.12, subdivision 6;
new text end

new text begin (2) the financial needs and resources, physical and
emotional condition, and educational needs of the child to be
supported;
new text end

new text begin (3) the standard of living the child would have enjoyed had
the marriage not been dissolved, but recognizing that the
parents now have separate households;
new text end

new text begin (4) which parent receives the income taxation dependency
exemption and the financial benefit the parent receives from it;
new text end

new text begin (5) the parents' debts as provided in subdivision 2;
new text end

new text begin (6) the obligor's receipt of public assistance under the
AFDC program formerly codified under sections 256.72 to 256.82
or 256B.01 to 256B.40 and chapter 256J or 256K;
new text end

new text begin (7) the child spends between 33 and 45 percent of
overnights with the obligor pursuant to a court order or with
the consent of the obligee, which results in an increased
financial burden on the obligor; and
new text end

new text begin (8) the best interests of the child.
new text end

new text begin Subd. 2. new text end

new text begin Debt owed to private creditors. new text end

new text begin (a) In
establishing or modifying a support obligation, the court may
consider debts owed to private creditors, but only if:
new text end

new text begin (1) the right to support has not been assigned under
section 256.741;
new text end

new text begin (2) the court determines that the debt was reasonably
incurred for necessary support of the child or parent or for the
necessary generation of income. If the debt was incurred for
the necessary generation of income, the court may consider only
the amount of debt that is essential to the continuing
generation of income; and
new text end

new text begin (3) the party requesting a departure produces a sworn
schedule of the debts, with supporting documentation, showing
goods or services purchased, the recipient of them, the original
debt amount, the outstanding balance, the monthly payment, and
the number of months until the debt will be fully paid.
new text end

new text begin (b) A schedule prepared under paragraph (a), clause (3),
must contain a statement that the debt will be fully paid after
the number of months shown in the schedule, barring emergencies
beyond the party's control.
new text end

new text begin (c) Any further departure below the guidelines that is
based on a consideration of debts owed to private creditors must
not exceed 18 months in duration. After 18 months the support
must increase automatically to the level ordered by the court.
This section does not prohibit one or more step increases in
support to reflect debt retirement during the 18-month period.
new text end

new text begin (d) If payment of debt is ordered pursuant to this section,
the payment must be ordered to be in the nature of child support.
new text end

new text begin Subd. 3. new text end

new text begin Evidence. new text end

new text begin The court may receive evidence on the
factors in this section to determine if the guidelines should be
exceeded or modified in a particular case.
new text end

new text begin Subd. 4. new text end

new text begin No deviation when payments are assigned to
public authority except for extreme hardship. new text end

new text begin If the child
support payments are assigned to the public authority under
section 256.741, the court may not deviate downward from the
child support guidelines unless the court specifically finds
that the failure to deviate downward would impose an extreme
hardship on the obligor.
new text end

new text begin Subd. 5. new text end

new text begin No departure based on joint legal custody. new text end

new text begin An
award of joint legal custody is not a reason for departure from
the guidelines.
new text end

Sec. 19.

new text begin [517C.21] WRITTEN FINDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin No deviation. new text end

new text begin If the court does not
deviate from the guidelines, the court must make written
findings concerning the amount of the parties' income used as
the basis for the guidelines calculation and any other
significant evidentiary factors affecting the child support
determination.
new text end

new text begin Subd. 2. new text end

new text begin Deviation. new text end

new text begin (a) If the court deviates from the
guidelines, the court must make written findings giving the
amount of support calculated under the guidelines, the reasons
for the deviation, and must specifically address the criteria in
section 517C.20 and how the deviation serves the best interests
of the child.
new text end

new text begin (b) The court may deviate from the guidelines if both
parties agree and the court makes written findings that it is in
the best interests of the child, except that in cases where
child support payments are assigned to the public authority
under section 256.741, the court may deviate downward only as
provided in section 517C.20, subdivision 4. Nothing in this
section prohibits the court from deviating in other cases.
new text end

new text begin Subd. 3. new text end

new text begin Written findings required in every case. new text end

new text begin The
provisions of this section apply whether or not the parties are
each represented by independent counsel and have entered into a
written agreement. The court must review stipulations presented
to it for conformity to the guidelines. The court is not
required to conduct a hearing, but the parties must provide the
documentation of earnings required under section 517C.10.
new text end

Sec. 20.

new text begin [517C.22] GUIDELINES REVIEW.
new text end

new text begin No later than 2008 and every four years after that, the
Department of Human Services must conduct a review of the child
support guidelines.
new text end

Sec. 21.

new text begin [517C.23] EDUCATION TRUST FUND.
new text end

new text begin The parties may agree to designate a sum of money above
court-ordered child support as a trust fund for the costs of
postsecondary education.
new text end

Sec. 22.

new text begin [517C.25] MODIFICATION; GENERAL.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin After a child support order is
established, the court may, on motion of a party or the public
authority, modify the order respecting the amount and payment of
support. The court may make an order respecting any matters it
had authority to address in the original proceeding, except as
otherwise provided in section 517C.29. A party or the public
authority also may make a motion for contempt of court if the
obligor is in arrears in support payments.
new text end

new text begin Subd. 2. new text end

new text begin Guidelines remain applicable. new text end

new text begin On a motion for
modification of support, the guidelines in this chapter remain
applicable.
new text end

new text begin Subd. 3. new text end

new text begin Evidentiary hearing not required. new text end

new text begin The court
need not hold an evidentiary hearing on a motion for child
support modification.
new text end

new text begin Subd. 4. new text end

new text begin Form. new text end

new text begin The state court administrator must
prepare and make available to courts, obligors, and obligees a
form to be submitted in support of a motion for a child support
modification or for contempt of court.
new text end

new text begin Subd. 5. new text end

new text begin Substantial change in circumstances. new text end

new text begin An
enactment, amendment, or repeal of law does not constitute a
substantial change in the circumstances for purposes of
modifying a child support order.
new text end

new text begin Subd. 6. new text end

new text begin Modification of order. new text end

new text begin There may be no
modification of an existing child support order during the first
year following the effective date of this chapter except as
follows:
new text end

new text begin (1) there is at least a 20 percent change in the gross
income of the obligor;
new text end

new text begin (2) there is a change in the number of joint children for
whom the obligor is legally responsible and is actually
supporting;
new text end

new text begin (3) the child supported by the existing child support order
becomes disabled; or
new text end

new text begin (4) both parents consent to modification of the existing
order in compliance with the new income shares guidelines.
new text end

new text begin This subdivision expires January 1, 2008.
new text end

new text begin Subd. 7. new text end

new text begin Basic support; limitation. new text end

new text begin On the first
modification under the income shares method of calculation, the
modification of basic support may be limited if the amount of
the full variance would create hardship for either the obligor
or the obligee.
new text end

Sec. 23.

new text begin [517C.26] REOPENING AN ORDER.
new text end

new text begin Subdivision 1. new text end

new text begin Factors. new text end

new text begin Upon a party's motion, the court
may rescind a child support order or judgment and may order a
new trial or grant other relief as may be just for the following
reasons:
new text end

new text begin (1) mistake, inadvertence, surprise, or excusable neglect;
new text end

new text begin (2) newly discovered evidence that could not have been
discovered by due diligence in time to move for a new trial
under the Minnesota Rules of Civil Procedure;
new text end

new text begin (3) fraud, whether denominated intrinsic or extrinsic,
misrepresentation, or other misconduct of an adverse party;
new text end

new text begin (4) the judgment or order is void;
new text end

new text begin (5) the judgment has been satisfied, released, or
discharged;
new text end

new text begin (6) the judgment is based on a prior order that has been
reversed or otherwise vacated; or
new text end

new text begin (7) it is no longer equitable that the order should have
prospective application.
new text end

new text begin Subd. 2. new text end

new text begin Procedure; effect. new text end

new text begin A party's motion must be
made within a reasonable time, and, for a reason under
subdivision 1, clause (1), (2), or (3), not more than one year
after the judgment and decree, order, or proceeding was entered
or taken. A motion under this section does not affect the
finality of an order or suspend its operation. This section
does not limit the power of a court to entertain an independent
action to relieve a party from an order or proceeding or to
grant relief to a party not actually personally notified as
provided in the Minnesota Rules of Civil Procedure, or to set
aside a judgment for fraud upon the court.
new text end

Sec. 24.

new text begin [517C.27] CHANGE IN CUSTODY OR PARENTING TIME.
new text end

new text begin Subdivision 1. new text end

new text begin Official change in custody; child support
suspended. new text end

new text begin If an obligee has been granted sole physical custody
of a child, the child subsequently lives with the obligor, and
temporary sole physical custody has been approved by the court
or by a court-appointed referee, the court may suspend the
obligor's child support obligation pending the final custody
determination. The court's order denying the suspension of
child support must include a written explanation of the reasons
why continuation of the child support obligation would be in the
best interests of the child.
new text end

new text begin Subd. 2. new text end

new text begin Unofficial change in custody; child support
obligation satisfied. new text end

new text begin The court may conclude that an obligor
has satisfied a child support obligation by providing a home,
care, and support for the child while the child is living with
the obligor, if the court finds that the child was integrated
into the family of the obligor with the consent of the obligee
and child support payments were not assigned to the public
authority.
new text end

new text begin Subd. 3. new text end

new text begin 30-day change; child support reduced. new text end

new text begin A support
order issued under this chapter may provide that, during any
period of time of 30 consecutive days or longer that the child
is residing with the obligor, the support amount otherwise due
under the order may be reduced.
new text end

Sec. 25.

new text begin [517C.28] SUBSTANTIAL CHANGE IN CIRCUMSTANCES,
EARNINGS, OR NEEDS.
new text end

new text begin Subdivision 1. new text end

new text begin Factors. new text end

new text begin (a) A court may modify the terms
of a child support order upon a showing of one or more of the
following:
new text end

new text begin (1) substantially increased or decreased earnings of a
party;
new text end

new text begin (2) substantially increased or decreased need of a party or
the child that is the subject of these proceedings;
new text end

new text begin (3) receipt of assistance under the AFDC program formerly
codified under sections 256.72 to 256.87 or 256B.01 to 256B.40
or chapter 256J or 256K;
new text end

new text begin (4) a change in the cost of living for either party, as
measured by the federal Bureau of Labor Statistics, that makes
the terms unreasonable and unfair;
new text end

new text begin (5) extraordinary medical expenses of the child not
provided for under section 517C.17;
new text end

new text begin (6) the addition of the obligee's work-related or
education-related child care expenses or a substantial increase
or decrease in existing work-related or education-related child
care expenses; or
new text end

new text begin (7) upon the emancipation of a child if there is still a
child under the order. A child support obligation for two or
more children that is not a support obligation in a specific
amount per child continues in the full amount until modified or
until the emancipation of the last child for whose benefit the
order was made.
new text end

new text begin (b) Implementation of this chapter is not a basis for
modification unless the requirements under this section are met.
new text end

new text begin Subd. 2. new text end

new text begin Presumptions. new text end

new text begin It is presumed that there has
been a substantial change in circumstances under subdivision 1
and the terms of a current support order are rebuttably presumed
to be unreasonable and unfair if:
new text end

new text begin (1) when applied to the parties' current circumstances, the
presumptive child support amount derived under this chapter is
at least 20 percent and at least $50 per month higher or lower
than the current support order;
new text end

new text begin (2) the medical support provisions of the order established
under section 517C.17 are not enforceable by the public
authority or the obligee;
new text end

new text begin (3) health insurance coverage ordered under section 517C.17
is not available to the child for whom the order is established
by the parent ordered to provide it; or
new text end

new text begin (4) the existing support obligation is in the form of a
statement of percentage and not a specific dollar amount.
new text end

Sec. 26.

new text begin [517C.29] MODIFICATION EFFECTIVE DATE.
new text end

new text begin Subdivision 1. new text end

new text begin Date of motion determinative. new text end

new text begin A court may
make a modification of support, including interest that accrued
pursuant to section 548.091, effective no sooner than the date
of service of notice of the motion for modification on the
responding parties.
new text end

new text begin Subd. 2. new text end

new text begin Retroactive modification permitted only in
limited circumstances. new text end

new text begin Notwithstanding subdivision 1, a court
may apply a modification to an earlier period if the court makes
express findings that:
new text end

new text begin (1) the party seeking modification was precluded from
serving a motion by reason of a significant physical or mental
disability, a material misrepresentation of another party, or
fraud upon the court; and the party seeking modification, when
no longer precluded, promptly served a motion;
new text end

new text begin (2) the party seeking modification was a recipient of
federal Supplemental Security Income (SSI), Title II Older
Americans Insurance, Survivor's Disability Insurance (OASDI),
other disability benefits, or public assistance based upon need
during the period for which retroactive modification is sought;
new text end

new text begin (3) the order the party seeks to amend was entered by
default, the party shows good cause for not appearing, and the
record contains no factual evidence, or clearly erroneous
evidence, regarding the obligor's ability to pay; or
new text end

new text begin (4) the party seeking modification was institutionalized or
incarcerated for an offense other than nonsupport of a child
during the period for which retroactive modification is sought
and lacked the financial ability to pay the support ordered
during that time period. In determining whether to allow the
retroactive modification, the court must consider whether and
when a request was made to the public authority for support
modification.
new text end

new text begin Subd. 3. new text end

new text begin Child care exception. new text end

new text begin The court may provide
that a reduction in the amount allocated for child care expenses
based on a substantial decrease in the expenses is effective as
of the date the expenses decreased.
new text end

Sec. 27.

new text begin [517C.30] TERMINATION OF CHILD SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Death of obligor. new text end

new text begin Unless otherwise agreed
in writing or expressly provided in the order, provisions for a
child's support are not terminated by the death of a parent
obligated to support the child. When a parent obligated to pay
support dies, the amount of support may be modified, revoked, or
commuted to a lump-sum payment, to the extent just and
appropriate in the circumstances.
new text end

new text begin Subd. 2. new text end

new text begin Automatic termination. new text end

new text begin (a) Unless a court order
provides otherwise, a child support obligation in a specific
amount per child terminates automatically and without any action
by the obligor to reduce, modify, or terminate the order upon
the child's emancipation.
new text end

new text begin (b) A child support obligation for two or more children
that is not a support obligation in a specific amount per child
continues in the full amount until the emancipation of the last
child for whose benefit the order was made, or until further
order of the court.
new text end

new text begin (c) The obligor may request a modification of the obligor's
child support order upon a child's emancipation if there are
still minor children under the order. The court must determine
the child support obligation based on the parties' income at the
time the modification is sought.
new text end

Sec. 28.

new text begin [517C.31] COST-OF-LIVING ADJUSTMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin An order establishing,
modifying, or enforcing child support must provide for a
biennial adjustment in the amount to be paid based on a change
in the cost of living. Cost-of-living adjustments are
compounded.
new text end

new text begin Subd. 2. new text end

new text begin Waiver. new text end

new text begin A court may waive the requirement of
the cost-of-living clause if it expressly finds that the
obligor's occupation or income, or both, does not provide for
cost-of-living adjustment or that the order for child support
has a provision such as a step increase that has the effect of a
cost-of-living clause.
new text end

new text begin Subd. 3. new text end

new text begin Index; amount. new text end

new text begin (a) The court must specify the
cost-of-living index to be applied in an order that provides for
a cost-of-living adjustment. The court may use the Consumer
Price Index for all urban consumers, Minneapolis-St. Paul
(CPI-U), the Consumer Price Index for wage earners and clerical,
Minneapolis-St. Paul (CPI-W), or another cost-of-living index
published by the United States Department of Labor that the
court specifically finds is more appropriate.
new text end

new text begin (b) The court may increase the amount by more than the
cost-of-living adjustment by agreement of the parties or by
making further findings.
new text end

new text begin Subd. 4. new text end

new text begin Effective date. new text end

new text begin If payment is made to the
public authority, an adjustment is effective on May 1 of the
year it is made. If payment is not made to the public
authority, an adjustment may be made in any month but no
adjustment may be made sooner than two years after the date of
the dissolution decree. A support order must specify the
effective date of cost-of-living adjustments.
new text end

new text begin Subd. 5. new text end

new text begin Notice. new text end

new text begin A cost-of-living adjustment may not be
made unless:
new text end

new text begin (1) the support order requires it; and
new text end

new text begin (2) the obligee or public authority notifies the obligor of
the adjustment by mail at the obligor's last known address at
least 20 days before the effective date of the adjustment. The
notice must inform the obligor of the effective date of the
adjustment, the right to contest the adjustment, and the
procedures to contest the adjustment.
new text end

new text begin Subd. 6. new text end

new text begin Procedure for contesting adjustment. new text end

new text begin (a) To
contest a cost-of-living adjustment initiated by the public
authority or an obligee who has applied for or is receiving
child support collection services from the public authority,
other than income withholding-only services, the obligor must:
new text end

new text begin (1) file a motion contesting the cost-of-living adjustment
with the court administrator; and
new text end

new text begin (2) serve the motion by first class mail on the public
authority and the obligee.
new text end

new text begin The obligor must file and serve the motion before the effective
date of the adjustment. The hearing must take place in the
expedited child support process under section 484.702.
new text end

new text begin (b) To contest a cost-of-living adjustment initiated by an
obligee who is not receiving child support collection services
from the public authority, or for an obligee who receives income
withholding-only services from the public authority, the obligor
must:
new text end

new text begin (1) file a motion contesting the cost-of-living adjustment
with the court administrator; and
new text end

new text begin (2) serve the motion by first class mail on the obligee.
new text end

new text begin The obligor must file and serve the motion before the effective
date of the adjustment. The hearing must take place in district
court.
new text end

new text begin (c) Upon receipt of a motion contesting the cost-of-living
adjustment, the public authority or court must stay the
cost-of-living adjustment pending further order of the court.
new text end

new text begin Subd. 7. new text end

new text begin Hearing. new text end

new text begin (a) At a hearing under this section,
if the obligor establishes an insufficient increase in income to
fulfill the adjusted child support obligation, the district
court or child support magistrate may direct that all or part of
the adjustment not take effect.
new text end

new text begin (b) At a hearing under this section, if the obligor does
not establish an insufficient increase in income, the adjustment
must take effect as of the date originally specified in the
support order.
new text end

new text begin Subd. 8. new text end

new text begin Form. new text end

new text begin The state court administrator must
prepare and make available to the court and obligors a pro se
motion form to be submitted in support of a request for a
hearing under this section.
new text end

new text begin Subd. 9. new text end

new text begin Rules. new text end

new text begin The commissioner of human services may
promulgate rules for child support adjustments under this
section in accordance with the rulemaking provisions of chapter
14.
new text end

Sec. 29.

new text begin [517C.35] ASSIGNMENT.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The court must direct that all
payments ordered for support be made to the public authority if
the obligee is receiving or has applied for public assistance.
Amounts received by the public authority greater than the amount
granted to the obligee must be remitted to the obligee pursuant
to federal requirements.
new text end

new text begin Subd. 2. new text end

new text begin Judgments. new text end

new text begin The court administrator must enter
and docket a judgment obtained by operation of law under section
548.091, subdivision 1, in the name of the public authority to
the extent that the obligation has been assigned. When arrears
are reduced to judgment and section 548.091 is not applicable,
the court must grant judgment in favor of, and in the name of,
the public authority to the extent that the arrears are
assigned. The public authority must file notice of an
assignment with the court administrator, who must enter the
notice in the docket. The public authority may then enforce a
judgment entered before the assignment of rights as if the
judgment were granted to it, and in its name, to the extent that
the arrears in that judgment are assigned.
new text end

new text begin Subd. 3. new text end

new text begin Property lien. new text end

new text begin The court may make any child
support order a lien or charge upon the obligor's property,
either at the time of the entry of the judgment or by subsequent
order upon proper application.
new text end

Sec. 30.

new text begin [517C.36] PARTY STATUS.
new text end

new text begin Subdivision 1. new text end

new text begin Obligee receives public assistance; public
authority is a party. new text end

new text begin The public authority is joined as a party
and is a real party in interest if the obligee is receiving, or
subsequently applies for, public assistance and rights are
assigned under section 256.741, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin No public assistance; application for services.
new text end

new text begin If the obligee is not receiving public assistance, but has
applied for child support collection services, the public
authority has a pecuniary interest, as well as an interest in
the welfare of a child. The public authority may intervene as a
matter of right in those cases to ensure that child support
orders are obtained, enforced, and provide for an appropriate
and accurate level of child, medical, and child care support.
If the public authority participates in a case where the action
taken by the public authority requires the use of an attorney's
services, the public authority must be represented by an
attorney consistent with the provisions in section 517C.37.
new text end

Sec. 31.

new text begin [517C.37] ROLE OF PUBLIC AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Public authority does not represent
obligor or obligee. new text end

new text begin The provision of services under the child
support enforcement program that includes services by an
attorney or an attorney's representative employed by, under
contract to, or representing the public authority does not
create an attorney-client relationship with any party other than
the public authority. Attorneys employed by or under contract
with the public authority have an affirmative duty to inform
applicants and recipients of services under the child support
enforcement program that no attorney-client relationship exists
between the attorney and the applicant or recipient. This
section applies to all legal services provided by the child
support enforcement program.
new text end

new text begin Subd. 2. new text end

new text begin Written notice. new text end

new text begin The public authority must
provide written notice to an applicant or recipient of services
that:
new text end

new text begin (1) no attorney-client relationship exists between the
attorney and the applicant or recipient;
new text end

new text begin (2) the rights of the individual as a subject of data are
controlled by section 13.04, subdivision 2; and
new text end

new text begin (3) the individual has a right to have an attorney
represent the individual.
new text end

new text begin Subd. 3. new text end

new text begin Power to represent other public
authorities. new text end

new text begin The public authority may act on behalf of a public
authority from another jurisdiction. This includes the
authority to represent the legal interests of, or execute
documents on behalf of, the other public authority in connection
with the establishment, enforcement, and collection of child
support and collection on judgments.
new text end

Sec. 32.

new text begin [517C.38] SERVICE FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Obligor fee. new text end

new text begin When the public authority
provides child support collection services either to a public
assistance recipient or to a party who does not receive public
assistance, the public authority may upon written notice to the
obligor charge a monthly collection fee equivalent to the full
monthly cost to the county of providing collection services, in
addition to the amount of the child support ordered by the
court. The public authority must deposit the fee in the county
general fund. The service fee assessed is limited to ten
percent of the monthly court-ordered child support and must not
be assessed to obligors who are current in payment of the
monthly court-ordered child support.
new text end

new text begin Subd. 2. new text end

new text begin Obligee fee. new text end

new text begin A $25 application fee must be paid
by the person who applies for child support and maintenance
collection services, except persons who are receiving public
assistance as defined in section 256.741, persons who transfer
from public assistance to nonpublic assistance status, and minor
parents and parents enrolled in a public secondary school, area
learning center, or alternative learning program approved by the
commissioner of education.
new text end

new text begin Subd. 3. new text end

new text begin Tax intercept fees. new text end

new text begin Fees assessed by state and
federal tax agencies for collection of overdue support owed to
or on behalf of a person not receiving public assistance must be
imposed on the person for whom these services are provided. The
public authority upon written notice to the obligee must assess
a fee of $25 to the person not receiving public assistance for
each successful federal tax interception. The public authority
must withhold the fee before the release of the funds received
from each interception and must deposit the fee in the general
fund.
new text end

new text begin Subd. 4. new text end

new text begin Compliance with federal law. new text end

new text begin The limitations of
this section on the assessment of fees do not apply to the
extent they are inconsistent with the requirements of federal
law for receiving funds for the programs under Title IV-A and
Title IV-D of the Social Security Act, United States Code, title
42, sections 601 to 613 and 651 to 662.
new text end

Sec. 33.

new text begin [517C.39] PUBLIC AUTHORITY PROCEDURES FOR CHILD
SUPPORT AND PARENTAGE ORDERS.
new text end

new text begin The public authority may use the provisions of sections
517C.40 to 517C.44 when support rights are assigned under
section 256.741, subdivision 2, or when the public authority is
providing services under an application for child support
collection services.
new text end

Sec. 34.

new text begin [517C.40] NONATTORNEY EMPLOYEE DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Duties performed under supervision of
county attorney. new text end

new text begin (a) The county attorney must review and
approve as to form and content all pleadings and other legal
documents prepared by nonattorney employees of the public
authority for use in the expedited child support process.
new text end

new text begin (b) Under the direction of, and in consultation with, the
county attorney, nonattorney employees of the public authority
may perform the following legal duties:
new text end

new text begin (1) meet and confer with parties by mail, telephone,
electronic, or other means regarding legal issues;
new text end

new text begin (2) explain to parties the purpose, procedure, and function
of the expedited child support process and the role and
authority of nonattorney employees of the public authority
regarding legal issues;
new text end

new text begin (3) prepare pleadings, including, but not limited to,
summonses and complaints, notices, motions, subpoenas, orders to
show cause, proposed orders, administrative orders, and
stipulations and agreements;
new text end

new text begin (4) issue administrative subpoenas;
new text end

new text begin (5) prepare judicial notices;
new text end

new text begin (6) negotiate settlement agreements;
new text end

new text begin (7) attend and participate as a witness in hearings and
other proceedings and, if requested by the child support
magistrate, present evidence, agreements and stipulations of the
parties, and any other information deemed appropriate by the
magistrate;
new text end

new text begin (8) participate in other activities and perform other
duties delegated by the county attorney; and
new text end

new text begin (9) exercise other powers and perform other duties as
permitted by statute or court rule.
new text end

new text begin Subd. 2. new text end

new text begin Duties performed without direction from county
attorney. new text end

new text begin Nonattorney employees of the public authority may
perform the following duties without direction from the county
attorney:
new text end

new text begin (1) gather information on behalf of the public authority;
new text end

new text begin (2) prepare financial worksheets;
new text end

new text begin (3) obtain income information from the Department of
Employment and Economic Development and other sources;
new text end

new text begin (4) serve documents on parties;
new text end

new text begin (5) file documents with the court;
new text end

new text begin (6) meet and confer with parties by mail, telephone,
electronic, or other means regarding nonlegal issues;
new text end

new text begin (7) explain to parties the purpose, procedure, and function
of the expedited child support process and the role and
authority of nonattorney employees of the public authority
regarding nonlegal issues; and
new text end

new text begin (8) perform other routine nonlegal duties as assigned.
new text end

new text begin Subd. 3. new text end

new text begin Practice of law. new text end

new text begin Performance of the duties
prescribed in subdivisions 1 and 2 by nonattorney employees of
the public authority does not constitute the unauthorized
practice of law for purposes of section 481.02.
new text end

Sec. 35.

new text begin [517C.41] PLEADINGS; CASE INFORMATION SHEET.
new text end

new text begin Subdivision 1. new text end

new text begin Pleadings. new text end

new text begin In cases involving
establishment or modification of a child support order, the
initiating party must include the following information, if
known, in the pleadings:
new text end

new text begin (1) the parties' names, addresses, and dates of birth;
new text end

new text begin (2) Social Security numbers of the parties and the parties'
minor children. This information is considered private
information and is available only to the parties, the court, and
the public authority;
new text end

new text begin (3) number of members in each party's household and
dependents of the parties;
new text end

new text begin (4) the parties' other support obligations;
new text end

new text begin (5) names and addresses of the parties' employers;
new text end

new text begin (6) the parties' income as defined in section 517C.12;
new text end

new text begin (7) amounts and sources of the parties' other earnings and
income;
new text end

new text begin (8) the parties' health insurance coverage;
new text end

new text begin (9) types and amounts of public assistance the parties
receive, including Minnesota family investment program, child
care assistance, medical assistance, MinnesotaCare, title IV-E
foster care, or other forms of assistance as defined in section
256.741, subdivision 1; and
new text end

new text begin (10) any other information relevant to the determination of
child support under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Case information sheet. new text end

new text begin For all matters
scheduled in the expedited process, the nonattorney employee of
the public authority must file with the court and serve on the
parties the following information:
new text end

new text begin (1) income information available to the public authority
from the Department of Employment and Economic Development;
new text end

new text begin (2) a statement of the monthly amount of child support,
child care, medical support, and arrears currently being charged
the parties in Minnesota IV-D cases;
new text end

new text begin (3) a statement of the types and amount of any public
assistance, as defined in section 256.741, subdivision 1,
received by the parties; and
new text end

new text begin (4) any other information relevant to determining support
that is known to the public authority and that the parties have
not otherwise provided.
new text end

new text begin Subd. 3. new text end

new text begin Filing information. new text end

new text begin The public authority must
file the case information with the district court or child
support magistrate at least five days before a hearing involving
child support, medical support, or child care reimbursement
issues.
new text end

Sec. 36.

new text begin [517C.42] NONCONTESTED MATTERS.
new text end

new text begin Under the direction of the county attorney and based on
agreement of the parties, nonattorney employees of the public
authority may prepare a stipulation, findings of fact,
conclusions of law, and proposed order. The county attorney
must approve and sign the documents as to form and content
before the nonattorney employees submit the documents to the
district court or child support magistrate for approval.
new text end

Sec. 37.

new text begin [517C.43] ADMINISTRATIVE AUTHORITY; PARENTAGE;
SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Powers. new text end

new text begin The public authority may take the
following actions relating to establishing paternity or to
establishing, modifying, or enforcing support orders, without
the necessity of obtaining an order from a judicial or
administrative tribunal:
new text end

new text begin (1) recognize and enforce orders of child support agencies
of other states;
new text end

new text begin (2) upon request for genetic testing by a child, parent, or
an alleged parent, and using the procedure in subdivision 2,
order the child, parent, or alleged parent to submit to blood or
genetic testing for the purpose of establishing paternity;
new text end

new text begin (3) subpoena financial or other information needed to
establish, modify, or enforce a child support order and sanction
a party for failure to respond to a subpoena;
new text end

new text begin (4) upon notice to the obligor, obligee, and the
appropriate court, direct the obligor or other payor to change
the payee to the central collections unit under section 517C.50;
new text end

new text begin (5) order income withholding of child support under section
517C.52 and sanction an employer or payor of funds under section
393.07, subdivision 9a, for failing to comply with an income
withholding notice;
new text end

new text begin (6) secure assets to satisfy a support debt or arrears by:
new text end

new text begin (i) intercepting or seizing periodic or lump-sum payments
from state or local agencies, including unemployment insurance
benefits, workers' compensation payments, judgments,
settlements, lotteries, and other lump-sum payments;
new text end

new text begin (ii) attaching and seizing the obligor's assets held in
financial institutions or public or private retirement funds;
and
new text end

new text begin (iii) imposing liens in accordance with section 548.091,
and, in appropriate cases, forcing the sale of property and the
distribution of proceeds;
new text end

new text begin (7) for the purpose of securing overdue support, increase
the amount of the monthly support payments by an additional
amount equal to 20 percent of the monthly support payment to
include amounts for debts or arrears; and
new text end

new text begin (8) subpoena an employer or payor of funds to provide
promptly information on the employment, compensation, and
benefits of an individual employed by that employer as an
employee or contractor, and sanction an employer or payor of
funds under section 393.07, subdivision 9a, for failure to
respond to the subpoena as provided by law.
new text end

new text begin Subd. 2. new text end

new text begin Genetic testing. new text end

new text begin (a) A child, parent, or
alleged parent who requests genetic testing must support the
request with a sworn statement that:
new text end

new text begin (1) alleges paternity and sets forth facts establishing a
reasonable possibility of the requisite sexual contact between
the parties; or
new text end

new text begin (2) denies paternity and sets forth facts establishing a
reasonable possibility of the nonexistence of sexual contact
between the alleged parties.
new text end

new text begin (b) The order for genetic tests may be served anywhere
within the state and served outside the state in the same manner
as prescribed by law for service of subpoenas issued by the
district court of this state.
new text end

new text begin (c) If the child, parent, or alleged parent fails to comply
with the genetic testing order, the public authority may seek to
enforce that order in district court through a motion to compel
testing.
new text end

new text begin (d) No results obtained through genetic testing done in
response to an order issued under this section may be used in a
criminal proceeding.
new text end

new text begin Subd. 3. new text end

new text begin Subpoenas. new text end

new text begin (a) Subpoenas may be served anywhere
within the state and served outside the state in the same manner
as prescribed by law for service of process of subpoenas issued
by the district court of this state. When a subpoena under this
subdivision is served on a third-party record keeper, written
notice of the subpoena must be mailed to the person who is the
subject of the subpoenaed material at the person's last known
address within three days of the day the subpoena is served.
This notice provision does not apply if there is reasonable
cause to believe the giving of the notice may lead to
interference with the production of the subpoenaed documents.
new text end

new text begin (b) A person served with a subpoena may make a written
objection to the public authority or court before the time
specified in the subpoena for compliance. The public authority
or the court may cancel or modify the subpoena, if appropriate.
The public authority must pay the reasonable costs of producing
the documents, if requested.
new text end

new text begin (c) Subpoenas are enforceable in the same manner as
subpoenas of the district court. Upon motion of the county
attorney, the court may issue an order directing the production
of the records. A person who fails to comply with the court
order may be subject to civil or criminal contempt of court.
new text end

new text begin Subd. 4. new text end

new text begin Due process. new text end

new text begin The administrative actions under
this section are subject to due process safeguards, including
requirements for notice, opportunity to contest the action, and
opportunity to appeal the order to a judge, judicial officer, or
child support magistrate.
new text end

Sec. 38.

new text begin [517C.44] SHARING OF INFORMATION; DATA.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The public authority may share
available and relevant information on the parties in order to
perform its duties under sections 517C.40 to 517C.43 or under
Supreme Court rules governing the expedited child support
hearing process under section 484.702, subject to the
limitations of subdivision 3 and sections 256.87, subdivision 8,
and 257.70.
new text end

new text begin Subd. 2. new text end

new text begin Data disclosed to an attorney of public
authority. new text end

new text begin (a) Data disclosed by an applicant for, or recipient
of, child support services to an attorney employed by, or under
contract with, the public authority is private data on an
individual. However, the data may be disclosed under sections
13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and
517C.11, subdivision 3, in order to obtain, modify, or enforce
child support, medical support, and parentage determinations.
new text end

new text begin (b) An attorney employed by, or under contract with, the
public authority may disclose additional information received
from an applicant for, or recipient of, services for other
purposes with the consent of the individual applicant for, or
recipient of, child support services.
new text end

new text begin Subd. 3. new text end

new text begin Prohibited disclosure. new text end

new text begin In all proceedings under
this chapter and chapter 517A in which public assistance is
assigned under section 256.741, or the public authority provides
services to a party or parties to the proceedings,
notwithstanding statutory or other authorization for the public
authority to release private data on the location of a party to
the action, the public authority may not release information on
the location of one party to the other party if:
new text end

new text begin (1) the public authority has knowledge that a protective
order with respect to the other party has been entered; or
new text end

new text begin (2) the public authority has reason to believe that the
release of the information may result in physical or emotional
harm to the other party.
new text end

Sec. 39.

new text begin [517C.45] SUFFICIENCY OF NOTICE.
new text end

new text begin Automated child support notices sent by the public
authority which do not require service are sufficient notice
when issued and mailed by first class mail to the person's last
known address.
new text end

Sec. 40.

new text begin [517C.50] CHILD SUPPORT PAYMENT CENTER; CENTRAL
COLLECTIONS UNIT.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin (a) The commissioner of human
services must create and maintain a central collections unit to
receive, process, and disburse payments, and to maintain a
record of payments in all cases when:
new text end

new text begin (1) the public authority is a party;
new text end

new text begin (2) the public authority provides child support enforcement
services to a party; or
new text end

new text begin (3) payment is collected through income withholding.
new text end

new text begin (b) The commissioner may contract for services to carry out
these provisions if the commissioner first meets and negotiates
with the affected exclusive representatives.
new text end

new text begin Subd. 2. new text end

new text begin Creditor collections. new text end

new text begin The central collections
unit under this section is not a third party under chapters 550,
552, and 571 for purposes of creditor collection efforts against
child support and maintenance order obligors or obligees, and is
not subject to creditor levy, attachment, or garnishment.
new text end

new text begin Subd. 3. new text end

new text begin Credit for payment. new text end

new text begin Payments made to the public
authority that are not collected through income withholding must
be credited as of the date the payment is received by the
central collections unit.
new text end

Sec. 41.

new text begin [517C.51] MANDATORY PAYMENT OF OBLIGATIONS TO
CENTRAL COLLECTIONS UNIT.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin All payments described in
section 517C.50 must be made to the central collections unit.
new text end

new text begin Subd. 2. new text end

new text begin Local payment; transmittal. new text end

new text begin Each local child
support agency must provide a location within the agency to
receive payments. When the local agency receives a payment it
must transmit the funds to the central collections unit within
one working day of receipt of the payment.
new text end

new text begin Subd. 3. new text end

new text begin Incentives. new text end

new text begin Notwithstanding a rule to the
contrary, incentives must be paid to the county providing
services and maintaining the case to which the payment is
applied. Incentive payments awarded for the collection of child
support must be based solely upon payments processed by the
central collections unit. Incentive payments received by the
county under this subdivision must be used for county child
support collection efforts.
new text end

new text begin Subd. 4. new text end

new text begin Electronic funds transfer. new text end

new text begin The central
collections unit is authorized to engage in the electronic
transfer of funds for the receipt and disbursement of funds.
new text end

new text begin Subd. 5. new text end

new text begin Required content of order. new text end

new text begin A tribunal issuing
an order that establishes or modifies a payment must issue an
income withholding order in conformity with section 517C.52.
The automatic income withholding order must include the
obligor's name, the obligor's Social Security number, the
obligor's date of birth, and the name and address of the
obligor's employer. The street mailing address and the
electronic mail address for the central collections unit must be
included in each automatic income withholding order issued by a
tribunal.
new text end

new text begin Subd. 6. new text end

new text begin Transmittal of order to public authority by
tribunal. new text end

new text begin The tribunal must transmit a copy of the order
establishing or modifying the payment, and a copy of the
automatic income withholding order, to the local child support
agency within two working days of the approval of the order by
the judge or child support magistrate or other person or entity
authorized to sign the automatic withholding order.
new text end

new text begin Subd. 7. new text end

new text begin Transmittal of funds from obligor or payor of
funds to central collections unit. new text end

new text begin The obligor or other payor
of funds must identify the obligor on the check or remittance by
name, payor number, and Social Security number, and must comply
with section 517C.52.
new text end

new text begin Subd. 8. new text end

new text begin Sanction for checks drawn on insufficient
funds. new text end

new text begin A notice may be directed to a person or entity
submitting a check drawn on insufficient funds stating that
future payments must be made by cash or certified funds. The
central collections unit and the public authority may refuse a
check from a person or entity that has been given notice that
payments must be in cash or certified funds.
new text end

new text begin Subd. 9. new text end

new text begin Admissibility of payment records. new text end

new text begin A copy of the
record of payments maintained by the central collections unit is
admissible evidence in all tribunals as proof of payments made
through the central collections unit without the need of
testimony to prove authenticity.
new text end

new text begin Subd. 10. new text end

new text begin Transition provisions. new text end

new text begin (a) The commissioner of
human services must develop a plan for the implementation of the
central collections unit. The plan must require that payments
be redirected to the central collections unit. Payments may be
redirected in groups according to county of origin, county of
payment, method of payment, type of case, or any other
distinguishing factor designated by the commissioner.
new text end

new text begin (b) Notice that payments must be made to the central
collections unit must be provided to the obligor and to the
payor of funds within 30 days before payments are redirected to
the central collections unit. After the notice has been
provided to the obligor or payor of funds, mailed payments
received by the local child support agency must be forwarded to
the central collections unit. A notice must be sent to the
obligor or payor of funds stating that payment application may
be delayed and must provide directions to submit future payments
to the central collections unit.
new text end

new text begin Subd. 11. new text end

new text begin Collections unit recoupment account. new text end

new text begin The
commissioner of human services may establish a revolving account
to cover funds issued in error due to insufficient funds or
other reasons. The commissioner must deposit appropriations for
this purpose and all recoupments against payments from the
account in the collections unit's recoupment account. The
recoupments are appropriated to the commissioner. An unexpended
balance in the account does not cancel, but is available until
expended.
new text end

new text begin Subd. 12. new text end

new text begin Unclaimed support funds. new text end

new text begin (a) If the public
authority cannot disburse support payments to an obligee because
the obligee cannot be located, the public authority must
continue its efforts to locate the obligee for one year from the
date it determines that it cannot locate the obligee.
new text end

new text begin (b) If the public authority is unable to locate the obligee
after one year, the public authority must mail a written notice
to the obligee at the obligee's last known address giving the
obligee 60 days to contact the public authority.
new text end

new text begin (c) If the obligee does not contact the public authority
within 60 days from the date of notice, the public authority
must:
new text end

new text begin (1) close the nonpublic assistance portion of the case;
new text end

new text begin (2) disburse unclaimed support funds to pay public
assistance arrears. If public assistance arrears remain after
disbursing the unclaimed support funds, the public authority may
continue to enforce and collect child support until all public
assistance arrears have been paid. If there are not public
assistance arrears, or unclaimed support funds remain after the
public assistance arrears have been paid, the public authority
must return the remaining unclaimed support funds to the
obligor; and
new text end

new text begin (3) when all public assistance arrears have been paid to
the public authority, mail a written notice of termination of
income withholding and case closure to the obligor at the
obligor's last known address. The notice must indicate that the
obligor's support obligation will remain in effect until further
order of the court and that the obligor may contact the public
authority for assistance to modify the order. The public
authority must include a copy of the form prepared by the state
court administrator's office under section 517C.25, subdivision
4, with the notice.
new text end

new text begin (d) If the public authority cannot locate the obligor to
return unclaimed support funds, the public authority must
continue its efforts to locate the obligor for one year from the
date the public authority determines that the obligor cannot be
located. If the public authority is unable to locate the
obligor after one year, the public authority must treat the
funds as unclaimed property according to federal law and chapter
345.
new text end

Sec. 42.

new text begin [517C.52] INCOME WITHHOLDING; GENERAL.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin Sections 517C.51 to 517C.62
apply to all support orders issued by a court or an
administrative tribunal and orders for or notices of withholding
issued by the public authority according to section 517C.43,
subdivision 1, clause (5).
new text end

new text begin Subd. 2. new text end

new text begin Order. new text end

new text begin (a) Every support order must address
income withholding. Whenever a support order is initially
entered or modified, the full amount of the support order must
be withheld from the income of the obligor and forwarded to the
public authority. Sections 517C.51 to 517C.62 apply regardless
of the source of income of the person obligated to pay the child
support.
new text end

new text begin (b) Every order for child support must provide for a
conspicuous notice of the provisions in this section that
complies with section 517C.99, subdivision 3. An order without
this notice remains subject to this section.
new text end

new text begin (c) A payor of funds must implement income withholding
according to sections 517C.51 to 517C.62 upon receipt of an
order for or notice of withholding. The notice of withholding
must be on a form provided by the commissioner of human services.
new text end

new text begin Subd. 3. new text end

new text begin Notice; income withholding and collection
services. new text end

new text begin (a) The commissioner of human services must prepare
and make available to the courts a notice of services that
explains child support and maintenance collection services
available through the public authority, including income
withholding. Upon receiving a petition for dissolution of
marriage or legal separation, the court administrator must
promptly send the notice of services to the petitioner and
respondent at the addresses stated in the petition.
new text end

new text begin (b) Upon receipt of a support order requiring income
withholding, a petitioner or respondent, who is not a recipient
of public assistance and does not receive child support
collection services from the public authority, must apply to the
public authority for either full child support collection
services or for services only to withhold income.
new text end

new text begin (c) For those persons applying for services only to
withhold income, the public authority must charge a monthly
service fee of $15 to the obligor. This fee is in addition to
the amount of the support order and must be withheld through
income withholding. The public authority must explain the
service options in this section to the affected parties and
encourage the application for full child support collection
services.
new text end

new text begin Subd. 4. new text end

new text begin Contract for service. new text end

new text begin To carry out income
withholding, the public authority may contract for services,
including the use of electronic funds transfer.
new text end

new text begin Subd. 5. new text end

new text begin Electronic transmission. new text end

new text begin Orders or notices for
income withholding may be transmitted for enforcement purposes
by electronic means.
new text end

new text begin Subd. 6. new text end

new text begin Timing of automated enforcement remedies. new text end

new text begin The
public authority must make reasonable efforts to ensure that
automated enforcement remedies take into consideration the time
periods allowed under sections 517C.51 to 517C.62.
new text end

Sec. 43.

new text begin [517C.53] WAIVER OF INCOME WITHHOLDING.
new text end

new text begin (a) If child support is not assigned to the public
authority under section 256.741, the court may waive income
withholding requirements if it finds there are no arrears as of
the date of the hearing and:
new text end

new text begin (1) one party demonstrates and the court finds there is
good cause to waive the requirements of sections 517C.51 to
517C.62 or to terminate an order for or notice of income
withholding previously entered; or
new text end

new text begin (2) all parties reach an agreement and the agreement is
approved by the court after a finding that the agreement is
likely to result in regular and timely payments. The court's
findings waiving the requirements of this paragraph must include
a written explanation of the reasons why income withholding
would not be in the child's best interests.
new text end

new text begin (b) In addition to the other requirements in this section,
if the case involves a modification of support, the court must
make a finding that support has been timely made.
new text end

new text begin (c) If the court waives income withholding, the obligee or
obligor may at any time request subsequent income withholding
under section 517C.59.
new text end

Sec. 44.

new text begin [517C.54] PAYOR OF FUNDS RESPONSIBILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Activation. new text end

new text begin An order for or notice of
withholding is binding on a payor of funds upon receipt.
Withholding must begin no later than the first pay period that
occurs after 14 days following the date of receipt of the order
for or notice of withholding. In the case of a financial
institution, preauthorized transfers must occur in accordance
with a court-ordered payment schedule.
new text end

new text begin Subd. 2. new text end

new text begin Procedure. new text end

new text begin A payor of funds must withhold from
the income payable to the obligor the amount specified in the
order or notice of withholding and amounts specified under
sections 517C.58 and 517C.63 and must remit the amounts withheld
to the public authority within seven business days of the date
the obligor is paid the remainder of the income. The payor of
funds must include with the remittance the obligor's Social
Security number, the case type indicator as provided by the
public authority, and the date the obligor is paid the remainder
of the income. The obligor is considered to have paid the
amount withheld as of the date the obligor received the
remainder of the income. A payor of funds may combine all
amounts withheld from one pay period into one payment to each
public authority, but must separately identify each obligor
making payment.
new text end

new text begin Subd. 3. new text end

new text begin Retaliation prohibited. new text end

new text begin A payor of funds must
not discharge, or refuse to hire, or otherwise discipline an
employee as a result of wage or salary withholding authorized by
this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Updated orders. new text end

new text begin If more than one order for or
notice of withholding exists involving the same obligor and
child, the public authority must enforce the most recent order
or notice. An order for or notice of withholding that was
previously implemented according to this chapter ends as of the
date of the most recent order. The public authority must notify
the payor of funds to withhold under the most recent withholding
order or notice.
new text end

new text begin Subd. 5. new text end

new text begin Notification of termination. new text end

new text begin When an order for
or notice of withholding is in effect and the obligor's
employment is terminated, the obligor and the payor of funds
must notify the public authority of the termination within ten
days of the termination date. The termination notice must
include the obligor's home address and the name and address of
the obligor's new payor of funds, if known.
new text end

new text begin Subd. 6. new text end

new text begin Expenses. new text end

new text begin A payor of funds may deduct $1 from
the obligor's remaining salary for each payment made pursuant to
an order for or notice of withholding under this chapter to
cover the expenses of withholding.
new text end

Sec. 45.

new text begin [517C.55] LUMP-SUM PAYMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin (a) This section applies to
lump-sum payments of $500 or more including, but not limited to,
severance pay, accumulated sick pay, vacation pay, bonuses,
commissions, or other pay or benefits.
new text end

new text begin (b) The Consumer Credit Protection Act, United States Code,
title 15, section 1673(b), does not apply to lump-sum payments.
new text end

new text begin Subd. 2. new text end

new text begin Payor of funds responsibilities. new text end

new text begin Before
transmitting a lump-sum payment to an obligor, a payor of funds
who has been served with an order for or notice of income
withholding under this chapter or a sworn affidavit of arrears
from the public authority must:
new text end

new text begin (1) notify the public authority of the lump-sum payment
that is to be paid to the obligor; and
new text end

new text begin (2) hold the lump-sum payment for 30 days after the date
the lump-sum payment would otherwise have been paid to the
obligor, notwithstanding sections 176.221, 176.225, 176.521,
181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota
Rules, part 1415.2000, subpart 10.
new text end

new text begin Subd. 3. new text end

new text begin Public authority options. new text end

new text begin (a) The public
authority may direct the payor of funds to pay the lump-sum
payment, up to the amount of judgments or arrears, to the public
authority if:
new text end

new text begin (1) the public authority serves by mail a sworn affidavit
of arrears from the public authority or a court order upon the
payor of funds;
new text end

new text begin (2) a judgment entered pursuant to section 548.09 or
548.091, subdivision 1a, exists against the obligor, or other
support arrears exist; and
new text end

new text begin (3) a portion of the judgment or arrears remains unpaid.
new text end

new text begin (b) If no judgment or arrears exist, the public authority
may seek a court order directing the payor of funds to transmit
all or a portion of the lump-sum payment to the public authority
for future support. To obtain a court order under this
paragraph, the public authority must show an obligor's past
willful nonpayment of support.
new text end

Sec. 46.

new text begin [517C.56] PAYOR OF FUNDS LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Liability to obligee. new text end

new text begin A payor of funds is
liable to the obligee for amounts required to be withheld. A
payor of funds that fails to withhold or transfer funds in
accordance with this chapter is liable to the obligee for
interest on the funds at the rate applicable to judgments under
section 549.09, computed from the date the funds were required
to be withheld or transferred. A payor of funds is liable for
reasonable attorney fees of the obligee or public authority
incurred in enforcing the liability under this subdivision. A
payor of funds that has failed to comply with the requirements
of sections 517C.51 to 517C.62 is subject to contempt sanctions
under section 517C.57. If the payor of funds is an employer or
independent contractor and violates this subdivision, a court
may award the obligor twice the wages lost as a result of this
violation. If a court finds a payor of funds violated this
subdivision, the court must impose a civil fine of not less than
$500. The liabilities under this subdivision apply to
intentional noncompliance by a payor of funds with the
requirements of sections 517C.51 to 517C.62.
new text end

new text begin Subd. 2. new text end

new text begin Nonliability for compliance. new text end

new text begin A payor of funds
is not subject to civil liability to any individual or agency
for taking action in compliance with an income withholding order
or notice of withholding that appears regular on its face
according to this chapter or chapter 518C.
new text end

Sec. 47.

new text begin [517C.57] EMPLOYER CONTEMPT.
new text end

new text begin Subdivision 1. new text end

new text begin Orders binding. new text end

new text begin Notices or orders for
income withholding or medical support issued pursuant to this
chapter are binding on the employer, trustee, or other payor of
funds after the order or notice has been transmitted to the
employer, trustee, or payor of funds.
new text end

new text begin Subd. 2. new text end

new text begin Contempt action. new text end

new text begin (a) An obligee or the public
authority may initiate a contempt action against an employer,
trustee, or payor of funds, within the action that created the
support obligation, by serving an order to show cause upon the
employer, trustee, or payor of funds.
new text end

new text begin (b) The employer, trustee, or payor of funds is presumed to
be in contempt:
new text end

new text begin (1) if the employer, trustee, or payor of funds has
intentionally failed to withhold support after receiving the
order or notice for income withholding or notice of enforcement
of medical support; or
new text end

new text begin (2) upon presentation of pay stubs or similar documentation
showing that the employer, trustee, or payor of funds withheld
support and demonstrating that the employer, trustee, or payor
of funds intentionally failed to remit support to the public
authority.
new text end

new text begin Subd. 3. new text end

new text begin Liability; sanctions. new text end

new text begin The employer, trustee, or
payor of funds is liable to the obligee or the public authority
for amounts required to be withheld that were not paid. The
court may enter judgment against the employer, trustee, or payor
of funds for support not withheld or remitted. An employer,
trustee, or payor of funds found guilty of contempt must be
punished by a fine of not more than $250 as provided in chapter
588. The court may also impose other contempt sanctions
authorized under chapter 588.
new text end

Sec. 48.

new text begin [517C.58] PRIORITY OF INCOME WITHHOLDING ORDERS;
MAXIMUM WITHHOLDING.
new text end

new text begin Subdivision 1. new text end

new text begin Priority. new text end

new text begin An order for or notice of
withholding under this chapter or execution or garnishment upon
a judgment for child support arrears or preadjudicated expenses
has priority over an attachment, execution, garnishment, or wage
assignment and is not subject to the statutory limitations on
amounts levied against the income of the obligor. Amounts
withheld from an employee's income must not exceed the maximum
permitted under the Consumer Credit Protection Act, United
States Code, title 15, section 1673(b).
new text end

new text begin Subd. 2. new text end

new text begin Multiple orders. new text end

new text begin If a single employee is
subject to multiple withholding orders or multiple notices of
withholding for the support of more than one child, the payor of
funds must comply with all of the orders or notices to the
extent that the total amount withheld from the obligor's income
does not exceed the limits imposed under the Consumer Credit
Protection Act, United States Code, title 15, section 1673(b),
giving priority to amounts designated in each order or notice as
current support as follows:
new text end

new text begin (1) if the total of the amounts designated in the orders
for or notices of withholding as current support exceeds the
amount available for income withholding, the payor of funds must
allocate to each order or notice an amount for current support
equal to the amount designated in that order or notice as
current support, divided by the total of the amounts designated
in the orders or notices as current support, multiplied by the
amount of the income available for income withholding; and
new text end

new text begin (2) if the total of the amounts designated in the orders
for or notices of withholding as current support does not exceed
the amount available for income withholding, the payor of funds
must pay the amounts designated as current support, and must
allocate to each order or notice an amount for past due support,
equal to the amount designated in that order or notice as past
due support, divided by the total of the amounts designated in
the orders or notices as past due support, multiplied by the
amount of income remaining available for income withholding
after the payment of current support.
new text end

Sec. 49.

new text begin [517C.59] SUBSEQUENT INCOME WITHHOLDING.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to
support orders that do not contain provisions for income
withholding.
new text end

new text begin Subd. 2. new text end

new text begin Public authority provides child support
enforcement services. new text end

new text begin If the public authority provides child
support enforcement services to the parties, income withholding
under this section takes effect without prior judicial notice to
the obligor and without the need for judicial or administrative
hearing. Withholding must be initiated when:
new text end

new text begin (1) the obligor requests it in writing to the public
authority;
new text end

new text begin (2) the obligee or obligor serves on the public authority a
copy of the notice of income withholding, a copy of the court's
order, an application, and the fee to use the public authority's
collection services; or
new text end

new text begin (3) the public authority commences withholding under
section 517C.43.
new text end

new text begin Subd. 3. new text end

new text begin Public authority does not provide child support
enforcement services. new text end

new text begin If the public authority does not provide
child support enforcement services to the parties, income
withholding under this section must be initiated when an obligee
requests it by making a written motion to the court and the
court finds that previous support has not been paid on a timely
consistent basis or that the obligor has threatened expressly or
otherwise to stop or reduce payments.
new text end

new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin Within two days after the public
authority commences withholding under this section, the public
authority must send to the obligor at the obligor's last known
address, notice that withholding has commenced. The notice must
include the information provided to the payor of funds in the
notice of withholding.
new text end

new text begin Subd. 5. new text end

new text begin Contest. new text end

new text begin (a) The obligor may contest
withholding under this section on the limited grounds that the
withholding or the amount withheld is improper due to mistake of
fact. An obligor who chooses to contest the withholding must do
so no later than 15 days after the employer commences
withholding, by bringing a proper motion under section 484.702
and the expedited child support process rules.
new text end

new text begin (b) The income withholding must remain in place while the
obligor contests the withholding.
new text end

new text begin (c) If the court finds a mistake in the amount of the
arrears to be withheld, the court must continue the income
withholding, but it must correct the amount of the arrears to be
withheld.
new text end

Sec. 50.

new text begin [517C.60] INCOME WITHHOLDING; ARREARS ORDER.
new text end

new text begin (a) In addition to ordering income withholding for current
support, the court may order the payor of funds to withhold
amounts to satisfy the obligor's previous arrears in support
order payments. Use of this remedy does not exclude the use of
other remedies to enforce judgments. The employer or payor of
funds must withhold from the obligor's income an additional
amount equal to 20 percent of the monthly child support
obligation until the arrears are paid.
new text end

new text begin (b) Notwithstanding any law to the contrary, funds from
income sources included in section 517C.12, subdivision 1,
whether periodic or lump-sum, are not exempt from attachment or
execution upon a judgment for child support arrears.
new text end

new text begin (c) Absent an order to the contrary, if arrears exist at
the time a support order would otherwise terminate, income
withholding continues in effect or may be implemented in an
amount equal to the support order plus an additional 20 percent
of the monthly child support obligation, until all arrears have
been paid in full.
new text end

Sec. 51.

new text begin [517C.61] INTERSTATE INCOME WITHHOLDING.
new text end

new text begin (a) Upon receipt of an order for support entered in another
state and the specified documentation from an authorized agency,
the public authority must implement income withholding. A payor
of funds in this state must withhold income under court orders
for withholding issued by other states or territories.
new text end

new text begin (b) An employer receiving an income withholding notice from
another state must withhold and distribute the funds as directed
in the withholding notice and must apply the law of the
obligor's principal place of employment when determining:
new text end

new text begin (1) the employer's fee for processing an income withholding
notice;
new text end

new text begin (2) the maximum amount permitted to be withheld from the
obligor's income; and
new text end

new text begin (3) deadlines for implementing and forwarding the child
support payment.
new text end

new text begin (c) An obligor may contest withholding under this section
pursuant to section 518C.506.
new text end

Sec. 52.

new text begin [517C.62] ORDER TERMINATING INCOME WITHHOLDING.
new text end

new text begin Subdivision 1. new text end

new text begin General procedure. new text end

new text begin (a) An order
terminating income withholding must specify the effective date
of the order and reference the initial order or decree that
establishes the support obligation. A court must enter an order
terminating income withholding if:
new text end

new text begin (1) the obligor serves written notice of the application
for termination of income withholding by mail upon the obligee
at the obligee's last known mailing address, and serves a
duplicate copy of the application on the public authority;
new text end

new text begin (2) the application for termination of income withholding
specifies the event that terminates the support obligation, the
effective date of the termination of the support obligation, and
the applicable provisions of the order or decree that
established the support obligation; and
new text end

new text begin (3) the application includes the complete name of the
obligor's payor of funds, the business mailing address, the
court action and court file number, and the support and
collections file number, if known.
new text end

new text begin (b) The obligee or the public authority may request a
contested hearing on the issue of whether income withholding
should continue. The request must be made within 20 days of
receiving an application for termination of income withholding.
The request must clearly specify the basis for continuing income
withholding. The obligee or public authority may make an ex
parte motion to stay the service of an order terminating income
withholding upon the obligor's payor of funds pending the
outcome of the contested hearing.
new text end

new text begin Subd. 2. new text end

new text begin Termination by public authority. new text end

new text begin (a) If the
public authority determines that income withholding is no longer
applicable, the public authority must notify the obligee and the
obligor of intent to terminate income withholding.
new text end

new text begin (b) Five days after notification to the obligee and
obligor, the public authority must issue a notice to the payor
of funds terminating income withholding. A court order is not
required unless the obligee has requested an expedited child
support hearing under section 484.702.
new text end

Sec. 53.

new text begin [517C.63] CHILD SUPPORT DEPOSIT ACCOUNT;
FINANCIAL INSTITUTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin If income withholding is
ineffective due to the obligor's method of obtaining income, the
court must order the obligor to identify a child support deposit
account owned solely by the obligor, or to establish an account,
in a financial institution located in this state for the purpose
of depositing court-ordered child support payments. The court
must order the obligor to execute an agreement with the
appropriate public authority for preauthorized transfers from
the obligor's child support account payable to an account of the
public authority. The court must order the obligor to disclose
to the court all deposit accounts owned by the obligor in whole
or in part in any financial institution. The court may order
the obligor to disclose to the court the opening or closing of
any deposit account owned in whole or in part by the obligor
within 30 days of the opening or closing. The court may order
the obligor to execute an agreement with the appropriate public
authority for preauthorized transfers from any deposit account
owned in whole or in part by the obligor to the obligor's child
support deposit account if necessary to satisfy court-ordered
child support payments. The court may order a financial
institution to disclose to the court the account number and any
other information regarding accounts owned in whole or in part
by the obligor. An obligor who fails to comply with this
subdivision, fails to deposit funds in at least one deposit
account sufficient to pay court-ordered child support, or stops
payment or revokes authorization of a preauthorized transfer is
subject to contempt of court procedures under chapter 588.
new text end

new text begin Subd. 2. new text end

new text begin Transfers. new text end

new text begin A financial institution must execute
preauthorized transfers for the obligor's deposit accounts in
the amount specified in the order and amounts required under
this section as directed by the public authority. A financial
institution is liable to the obligee if funds in any of the
obligor's deposit accounts identified in the court order equal
the amount stated in the preauthorization agreement but are not
transferred by the financial institution in accordance with the
agreement.
new text end

Sec. 54.

new text begin [517C.64] ESCROW ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Stay of service. new text end

new text begin (a) If the court finds
there is no arrearage in child support as of the date of the
court hearing, the court must stay service of the income
withholding order under sections 517C.51 to 517C.62 if the
obligor:
new text end

new text begin (1) establishes a savings account for a sum equal to two
months of the monthly child support obligation; and
new text end

new text begin (2) provides proof of establishing the savings account to
the court and the public authority on or before the day of the
court hearing determining the obligation.
new text end

new text begin (b) The obligor must hold the sum under paragraph (a) in a
financial institution in an interest-bearing account with only
the public authority authorized as drawer of funds. The
obligor's proof of establishing the account must include the
financial institution name and address, account number, and the
deposit amount.
new text end

new text begin Subd. 2. new text end

new text begin Release of stay. new text end

new text begin Within three working days of
receipt of notice of default, the public authority must direct
the financial institution to release to the public authority the
sum held under this section when the following conditions are
met:
new text end

new text begin (1) the obligor fails to pay the support amount to the
obligee or the public authority within ten days of the date it
is ordered to be paid;
new text end

new text begin (2) the obligee transmits a notice of default to the public
authority and makes application to the public authority for
child support and maintenance collection services. The obligee
must verify the notice and the notice must contain the title of
the action, the court file number, the obligee's full name and
address, the obligor's name and last known address, the
obligor's last known employer or other payor of funds, the date
of the first unpaid amount, the date of the last unpaid amount,
and the total amount unpaid; and
new text end

new text begin (3) within three working days of receipt of notice from the
obligee, the public authority sends a copy of the notice of
default and a notice of intent to implement income withholding
by mail to the obligor at the address given. The notice of
intent must state that the public authority will serve the order
establishing the child support or maintenance obligation on the
obligor's employer or payor of funds unless, within 15 days
after the mailing of the notice, the obligor requests a hearing
on the issue of whether payment was in default as of the date of
the notice of default. The obligor must serve notice of the
request for hearing on the public authority and the obligee.
new text end

new text begin Subd. 3. new text end

new text begin Duties of public authority. new text end

new text begin Within three
working days of receipt of sums released under subdivision 2,
the public authority shall remit to the obligee all amounts not
assigned under section 256.741 as current support or
maintenance. The public authority must also serve a copy of the
court's order and the provisions of this section and sections
517C.51 to 517C.62 on the obligor's employer or other payor of
funds unless, within 15 days after mailing of the notice of
intent to implement income withholding, the obligor makes a
proper motion pursuant to section 484.702 and the rules of the
expedited child support process. The public authority must
inform the employer or payor of funds pursuant to sections
517C.51 to 517C.62 of the effective date on which the next
support or maintenance payment is due. The withholding process
must begin on that date and must reflect the total credits of
principal and interest amounts received from the escrow account.
new text end

new text begin Subd. 4. new text end

new text begin Hearing. new text end

new text begin Within 30 days of the date of the
notice of default under subdivision 2, clause (2), the court
must hold a hearing if a motion is brought by the obligor as set
forth in subdivision 2. If the court finds that there was a
default, the court must order the immediate withholding of
support or maintenance from the obligor's income. If the court
finds that there was no default, the court must order either the
obligor or obligee to reestablish the escrow account and
continue the stay of income withholding.
new text end

new text begin Subd. 5. new text end

new text begin Termination of stay. new text end

new text begin When the obligation for
support of a child or for spousal maintenance ends under the
terms of the order or decree establishing the obligation and the
sum held under this section has not otherwise been released, the
public authority must release the sum and interest to the
obligor when the following conditions are met:
new text end

new text begin (1) the obligor transmits a notice of termination to the
public authority. The obligor must verify the notice and the
notice must contain the title of the action, the court file
number, the full name and address of the obligee, specify the
event that ends the support or maintenance obligation, the
effective date of the termination of support or maintenance
obligation, and the applicable provisions of the order or decree
that established the support or maintenance obligation;
new text end

new text begin (2) the public authority sends a copy of the notice of
termination to the obligee; and
new text end

new text begin (3) the obligee fails within 20 days after mailing of the
notice under clause (2) to request a hearing on the issue of
whether the support or maintenance obligation continues and
serve notice of the request for hearing on the obligor and the
public authority.
new text end

Sec. 55.

new text begin [517C.65] TRUSTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Appointment. new text end

new text begin Upon its own motion or upon
motion of either party, the court may appoint a trustee, when it
is deemed expedient, to receive money ordered to be paid as
child support for remittance to the person entitled to receive
the payments. The trustee may also receive property that is
part of an award for division of marital property. The trustee
must hold the property in trust to invest and pay over the
income in the manner the court directs, or to pay over the
principal sum in the proportions and at the times the court
orders. In all cases, the court must consider the situation and
circumstances of the recipient, and the children, if any. The
trustee must give a bond, as the court requires, for the
faithful performance of the trust. If it appears that the
recipient of money ordered to be paid as support will receive
public assistance, the court must appoint the public authority
as trustee.
new text end

new text begin Subd. 2. new text end

new text begin Records. new text end

new text begin The trustee must maintain records
listing the amount of payments, the date when payments are
required to be made, and the names and addresses of the parties
affected by the order.
new text end

new text begin Subd. 3. new text end

new text begin Communication. new text end

new text begin The parties affected by the
order must inform the trustee of a change of address or of other
conditions that may affect the administration of the order.
new text end

new text begin Subd. 4. new text end

new text begin Late payment. new text end

new text begin If a required support payment is
not made within ten days of the due date, the trustee must send
the obligor notice of the arrears by first class mail. If
payment of the sum due is not received by the trustee within ten
days after sending notice, the trustee must certify the amount
due to the public authority, whenever that authority is not the
trustee. If the public authority refers the arrears to the
county attorney, the county attorney may initiate enforcement
proceedings against the obligor for support.
new text end

Sec. 56.

new text begin [517C.66] OVERPAYMENTS.
new text end

new text begin If child support is not assigned under section 256.741, and
an obligor has overpaid a child support obligation because of a
modification or error in the amount owed, the public authority
must:
new text end

new text begin (1) apply the amount of the overpayment to reduce the
amount of child support arrears or debts owed to the obligee;
and
new text end

new text begin (2) if an overpayment exists after the reduction of arrears
or debt, reduce the amount of the child support remitted to the
obligee by an amount no greater than 20 percent of the current
monthly support obligation and remit this amount to the obligor
until the overpayment is reduced to zero.
new text end

Sec. 57.

new text begin [517C.67] ALTERNATE NOTICE OF COURT ORDER.
new text end

new text begin Whenever this chapter requires service of a court's order
on an employer, union, or payor of funds, service of a verified
notice of order may be made in lieu of the order. The verified
notice must contain the title of the action, the name of the
court, the court file number, the date of the court order, and
must recite the operative provisions of the order.
new text end

Sec. 58.

new text begin [517C.70] CHILD SUPPORT AND PARENTING TIME ARE
INDEPENDENT.
new text end

new text begin (a) Failure by a party to make support payments is not a
defense to:
new text end

new text begin (1) interference with parenting time; or
new text end

new text begin (2) removing a child from this state without the permission
of the court or the other parent.
new text end

new text begin (b) Interference with parenting time or taking a child from
this state without permission of the court or the other parent
is not a defense to nonpayment of support.
new text end

new text begin (c) If a party fails to make support payments, interferes
with parenting time, or removes a child from this state without
permission of the court or the other parent, the other party may
petition the court for an appropriate order.
new text end

Sec. 59.

new text begin [517C.705] SIX-MONTH REVIEW.
new text end

new text begin A request for a six-month review hearing form must be
attached to a decree or order that initially establishes child
support rights and obligations according to section 517A.29.
new text end

Sec. 60.

new text begin [517C.71] PAYMENT AGREEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin An obligor who has
child support arrears may enter into a payment agreement that
addresses payment of both current and overdue support. Payment
agreements must:
new text end

new text begin (1) be in writing;
new text end

new text begin (2) address both current support and arrears; and
new text end

new text begin (3) be approved by the district court, a child support
magistrate, or the public authority.
new text end

new text begin Subd. 2. new text end

new text begin Considerations. new text end

new text begin In proposing or approving
proposed payment agreements for purposes of this chapter, the
district court, a child support magistrate, or the public
authority must take into consideration the amount of the
arrears, the amount of the current support order, any pending
request for modification, and the earnings of the obligor. The
district court, child support magistrate, or public authority
must consider the individual financial circumstances of each
obligor in evaluating the obligor's ability to pay a proposed
payment agreement and must propose a reasonable payment
agreement tailored to the individual financial circumstances of
each obligor. The district court, child support magistrate, or
public authority also must consider a graduated payment plan
tailored to the individual financial circumstances of each
obligor.
new text end

Sec. 61.

new text begin [517C.72] SEEK EMPLOYMENT ORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Court order. new text end

new text begin (a) When the public
authority is enforcing a support order, the public authority may
seek a court order requiring an obligor to seek employment if:
new text end

new text begin (1) the obligor's employment cannot be verified;
new text end

new text begin (2) the obligor has child support arrears amounting to at
least three times the obligor's total monthly support payments;
and
new text end

new text begin (3) the obligor is not in compliance with a payment
agreement.
new text end

new text begin (b) Upon proper notice to the obligor, the court may enter
a seek employment order if it finds that the obligor has not
provided proof of gainful employment and has not consented to an
order for income withholding or entered into a payment agreement.
new text end

new text begin Subd. 2. new text end

new text begin Contents of order. new text end

new text begin The order to seek employment
must:
new text end

new text begin (1) order that the obligor seek employment within a
determinate amount of time;
new text end

new text begin (2) order that the obligor file with the public authority a
weekly report of at least five new attempts to find employment
or of having found employment. The report must include the
names, addresses, and telephone numbers of the employers or
businesses with whom the obligor attempted to obtain employment
and the name of the individual contact at each employer or
business to whom the obligor made application for employment or
to whom an inquiry was directed;
new text end

new text begin (3) notify the obligor that failure to comply with the
order is evidence of a willful failure to pay support under
section 517C.74;
new text end

new text begin (4) order that the obligor provide the public authority
with verification of any reason for noncompliance with the
order; and
new text end

new text begin (5) specify the duration of the order, not to exceed three
months.
new text end

Sec. 62.

new text begin [517C.73] ORDER FOR COMMUNITY SERVICES.
new text end

new text begin If the court finds that the obligor earns $400 or less per
month and does not have the ability to provide support based on
the guidelines and factors in this chapter, the court may order
the obligor to perform community services to fulfill the
obligor's support obligation. In ordering community services
under this section, the court must consider whether the obligor
has the physical capability to perform community services, and
must order community services that are appropriate for the
obligor's abilities.
new text end

Sec. 63.

new text begin [517C.74] CONTEMPT PROCEEDINGS FOR NONPAYMENT OF
SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds. new text end

new text begin If a person against whom an
order or decree for support has been entered under this chapter,
chapter 256, or a comparable law from another jurisdiction has
child support arrears amounting to at least three times the
obligor's total monthly support obligation and is not in
compliance with a payment agreement, a court may cite and punish
a person for contempt under section 517C.25, subdivision 1,
chapter 588, or this section. An obligor's failure to comply
with a seek employment order entered under section 517C.72 is
evidence of willful failure to pay support.
new text end

new text begin Subd. 2. new text end

new text begin Court options. new text end

new text begin (a) If a court cites a person
for contempt under this section, and the obligor lives in a
county that contracts with the commissioner of human services
under section 256.997, the court may order the performance of
community service work up to 32 hours per week for six weeks for
each finding of contempt if the obligor:
new text end

new text begin (1) is able to work full time;
new text end

new text begin (2) works an average of less than 32 hours per week; and
new text end

new text begin (3) has actual weekly gross income averaging less than 40
times the federal minimum hourly wage under United States Code,
title 29, section 206(a)(1), or is voluntarily earning less than
the obligor has the ability to earn, as determined by the court.
new text end

new text begin (b) An obligor is presumed to be able to work full time.
The obligor has the burden of proving inability to work full
time.
new text end

new text begin Subd. 3. new text end

new text begin Release. new text end

new text begin A person ordered to do community
service work under subdivision 2 may, during the six-week
period, apply to the district court, a child support magistrate,
or the public authority to be released from the community
service work requirement if the person:
new text end

new text begin (1) provides proof to the district court, a child support
magistrate, or the public authority that the person is gainfully
employed and submits to an order for income withholding under
section 517C.52;
new text end

new text begin (2) enters into a payment agreement under section 517C.71;
or
new text end

new text begin (3) provides proof to the district court, a child support
magistrate, or the public authority that, after entry of the
order, the person's circumstances have so changed that the
person is no longer able to fulfill the terms of the community
service order.
new text end

new text begin Subd. 4. new text end

new text begin Continuing obligations. new text end

new text begin An obligor's
performance of community service work does not relieve the
obligor of a current support obligation or arrears.
new text end

Sec. 64.

new text begin [517C.745] SECURITY; SEQUESTRATION; CONTEMPT.
new text end

new text begin (a) In all cases when the court orders support payments,
the court may require sufficient security to be given for the
payment of them according to the terms of the order. Upon
neglect or refusal to give security, or upon failure to pay the
support, the court may sequester the obligor's personal estate
and the rents and profits of real estate of the obligor, and
appoint a receiver of them. The court may cause the personal
estate and the rents and profits of the real estate to be
applied according to the terms of the order.
new text end

new text begin (b) The obligor is presumed to have an income from a source
sufficient to pay the support order. A child support order
constitutes prima facie evidence that the obligor has the
ability to pay the award. If the obligor disobeys the order, it
is prima facie evidence of contempt. The court may cite the
obligor for contempt under this section, section 517C.74, or
chapter 588.
new text end

Sec. 65.

new text begin [517C.75] DRIVER'S LICENSE SUSPENSION.
new text end

new text begin Subdivision 1. new text end

new text begin Factors warranting suspension. new text end

new text begin An
obligor's driver's license must be suspended if the court finds
that the obligor has been or may be issued a driver's license by
the commissioner of public safety and if:
new text end

new text begin (1) the obligor has arrears amounting to at least three
times the obligor's total monthly support obligation and the
obligor is not in compliance with a payment agreement under
section 517C.71; or
new text end

new text begin (2) the obligor has failed, after receiving notice, to
comply with a subpoena relating to a paternity or child support
proceeding.
new text end

new text begin Subd. 2. new text end

new text begin Suspension initiated by obligee. new text end

new text begin (a) An obligee
may bring a motion to suspend an obligor's driver's license.
The obligee must properly serve the motion on the obligor
pursuant to court rules and file the motion with the court. An
obligee may not bring a motion under this subdivision within 12
months of a denial of a previous motion under this subdivision.
new text end

new text begin (b) At the hearing, if the court finds that a factor under
subdivision 1 exists, the court must:
new text end

new text begin (1) order the commissioner of public safety to suspend the
obligor's driver's license; and
new text end

new text begin (2) stay the order for 90 days to allow the obligor the
opportunity to enter into a payment agreement under section
517C.71.
new text end

new text begin (c) If after 90 days the obligor has not entered into or is
not in compliance with a payment agreement under section
517C.71, the court's order becomes effective and the
commissioner of public safety must suspend the obligor's
driver's license.
new text end

new text begin Subd. 3. new text end

new text begin Suspension initiated by public authority. new text end

new text begin (a)
If the public authority determines that a factor in subdivision
1 exists, the public authority must initiate the suspension of
the obligor's driver's license.
new text end

new text begin (b) The public authority must mail a written notice to the
obligor at the obligor's last known address indicating that:
new text end

new text begin (1) the public authority intends to seek suspension of the
obligor's driver's license; and
new text end

new text begin (2) the obligor must make a written request for a hearing
to contest the driver's license suspension within 30 days of the
date of the notice.
new text end

new text begin (c) If the obligor requests a hearing within 30 days of the
date of the notice, a court hearing must be held. At least 14
days before the hearing, the public authority must serve notice
on the obligor personally or by mail at the obligor's last known
address of the following:
new text end

new text begin (1) the hearing time and place;
new text end

new text begin (2) the allegations against the obligor; and
new text end

new text begin (3) a statement informing the obligor of the requirement to
enter into a payment agreement under section 517C.71 to avoid
license suspension.
new text end

new text begin (d) If a hearing is held and the court finds a factor under
subdivision 1 exists, the court must order the commissioner of
public safety to suspend the obligor's driver's license.
new text end

new text begin (e) If the obligor does not request a hearing within 30
days of the date of the notice and has not executed a written
payment agreement under section 517C.71 that is approved by the
public authority within 90 days of the date of the notice, the
public authority must direct the commissioner of public safety
to suspend the obligor's driver's license.
new text end

new text begin Subd. 4. new text end

new text begin Suspension for failure to comply with
subpoena. new text end

new text begin (a) A court, child support magistrate, or the public
authority may direct the commissioner of public safety to
suspend an obligor's driver's license if the obligor has failed,
after receiving notice, to comply with a subpoena relating to a
paternity or child support proceeding.
new text end

new text begin (b) The notice to an obligor of intent to suspend a
driver's license must be served by first class mail at the
obligor's last known address. The notice must inform the
obligor of the right to make a written request for a hearing.
new text end

new text begin (c) If the obligor makes a written request within ten days
of the date of the notice, a hearing must be held. At the
hearing, the only issues to be considered are mistake of fact
and whether the obligor received the subpoena.
new text end

new text begin Subd. 5. new text end

new text begin Suspension for failure to remain in compliance
with payment agreement. new text end

new text begin The license of an obligor who fails to
remain in compliance with a payment agreement under section
517C.71 may be suspended. A party or the public authority must
serve notice upon the obligor of intent to suspend under this
subdivision. The party or public authority must serve the
notice upon the obligor by first class mail at the obligor's
last known address not less than ten days before the hearing
date. The notice must include a notice of hearing. If the
obligor appears at the hearing and the judge determines that the
obligor has failed to comply with a payment agreement under
section 517C.71, the judge must notify the Department of Public
Safety to suspend the obligor's driver's license. If the
obligor fails to appear at the hearing, the public authority may
notify the Department of Public Safety to suspend the obligor's
driver's license.
new text end

new text begin Subd. 6. new text end

new text begin Reinstatement. new text end

new text begin (a) An obligor whose driver's
license or operating privileges are suspended may:
new text end

new text begin (1) provide proof to the public authority that the obligor
is in compliance with all payment agreements under section
517C.71;
new text end

new text begin (2) bring a motion for reinstatement of the driver's
license. At the hearing, the district court or child support
magistrate must establish a payment agreement under section
517C.71 if the district court or child support magistrate orders
reinstatement of the driver's license; or
new text end

new text begin (3) seek a limited license under section 171.30. A limited
license issued to an obligor under section 171.30 expires 90
days after the date it is issued.
new text end

new text begin (b) Within 15 days of the receipt of the proof under
paragraph (a), clause (1), or a court order, the public
authority must inform the commissioner of public safety that the
obligor's driver's license or operating privileges should no
longer be suspended.
new text end

new text begin Subd. 7. new text end

new text begin Remedies available. new text end

new text begin The remedy under this
section is in addition to any other enforcement remedy available
to the court or public authority.
new text end

new text begin Subd. 8. new text end

new text begin Report to legislature. new text end

new text begin On January 15, 2007, and
every two years after that, the commissioner of human services
must submit a report to the legislature that identifies the
following information relevant to the implementation of this
section:
new text end

new text begin (1) the number of child support obligors notified of an
intent to suspend a driver's license;
new text end

new text begin (2) the amount collected in payments from the child support
obligors notified of an intent to suspend a driver's license;
new text end

new text begin (3) the number of cases paid in full and payment agreements
executed in response to notification of an intent to suspend a
driver's license;
new text end

new text begin (4) the number of cases in which there has been
notification and no payments or payment agreements;
new text end

new text begin (5) the number of driver's licenses suspended;
new text end

new text begin (6) the cost of implementation and operation of the
requirements of this section; and
new text end

new text begin (7) the number of limited licenses issued and number of
cases in which payment agreements are executed and cases are
paid in full following issuance of a limited license.
new text end

Sec. 66.

new text begin [517C.76] OCCUPATIONAL LICENSE SUSPENSION.
new text end

new text begin Subdivision 1. new text end

new text begin Factors warranting suspension. new text end

new text begin An
obligor's occupational license must be suspended if the court
finds that the obligor is or may be licensed by a licensing
board listed in section 214.01 or other state, county, or
municipal agency or board that issues an occupation license and
if:
new text end

new text begin (1) the obligor has arrears amounting to at least three
times the obligor's total monthly support obligation and the
obligor is not in compliance with a payment agreement under
section 517C.71; or
new text end

new text begin (2) the obligor has failed, after receiving notice, to
comply with a subpoena relating to a paternity or child support
proceeding.
new text end

new text begin Subd. 2. new text end

new text begin Suspension initiated by obligee. new text end

new text begin (a) An obligee
may bring a motion to suspend an obligor's occupational
license. The obligee must properly serve the motion on the
obligor pursuant to court rules and file the motion with the
court.
new text end

new text begin (b) At the hearing, if the court finds that a factor under
subdivision 1 exists, the court must:
new text end

new text begin (1) order the licensing board or agency to suspend the
obligor's occupational license under section 214.101; and
new text end

new text begin (2) stay the order for 90 days to allow the obligor the
opportunity to enter into a payment agreement under section
517C.71.
new text end

new text begin (c) If after 90 days the obligor has not entered into or is
not in compliance with a payment agreement under section
517C.71, the court order becomes effective and the licensing
board or agency must suspend the obligor's occupational license.
new text end

new text begin (d) If the obligor is a licensed attorney, the court must
comply with the procedure under subdivision 4 for notifying the
Lawyers Professional Responsibility Board.
new text end

new text begin Subd. 3. new text end

new text begin Suspension initiated by public authority. new text end

new text begin (a)
If the public authority determines that a factor in subdivision
1 exists, the public authority must initiate the suspension of
the obligor's occupational license.
new text end

new text begin (b) The public authority must mail a written notice to the
obligor at the obligor's last known address indicating that:
new text end

new text begin (1) the public authority intends to seek suspension of the
obligor's occupational license; and
new text end

new text begin (2) the obligor must make a written request for a hearing
to contest the occupational license suspension within 30 days of
the date of the notice.
new text end

new text begin (c) If the obligor requests a hearing within 30 days of the
date of the notice, a court hearing must be held. At least 14
days before the hearing, the public authority must serve notice
on the obligor personally or by mail at the obligor's last known
address of the following:
new text end

new text begin (1) the hearing time and place;
new text end

new text begin (2) the allegations against the obligor; and
new text end

new text begin (3) a statement informing the obligor of the requirement to
enter into a payment agreement under section 517C.71 to avoid
license suspension.
new text end

new text begin (d) If a hearing is held and the court finds a factor
warranting suspension under subdivision 1 exists, the court must
order the occupational licensing board or agency to suspend the
obligor's occupational license.
new text end

new text begin (e) If the obligor does not request a hearing within 30
days of the date of the notice and has not executed a written
payment agreement under section 517C.71 that is approved by the
public authority within 90 days of the date of the notice, the
public authority must direct the occupational licensing board or
agency to suspend the obligor's occupational license.
new text end

new text begin (f) If the obligor is a licensed attorney, the court or
public authority must comply with the procedure under
subdivision 4 for notifying the Lawyers Professional
Responsibility Board.
new text end

new text begin Subd. 4. new text end

new text begin Obligor is licensed attorney. new text end

new text begin If an obligor is
a licensed attorney and the court finds that a factor warranting
suspension under subdivision 1 exists, the court or public
authority must notify the Lawyers Professional Responsibility
Board for appropriate action in accordance with the rules of
professional conduct or order the licensing board or agency to
suspend the obligor's license if the court finds that the
obligor:
new text end

new text begin (1) is licensed by a licensing board or other state agency
that issues an occupational license;
new text end

new text begin (2) has not made full payment of arrears found to be due by
the public authority; and
new text end

new text begin (3) has not executed or is not in compliance with a payment
agreement.
new text end

new text begin Subd. 5. new text end

new text begin Suspension for failure to comply with
subpoena. new text end

new text begin (a) A court, child support magistrate, or the public
authority may direct the occupational licensing board or agency
to suspend an obligor's occupational license if the obligor has
failed, after receiving notice, to comply with a subpoena
relating to a paternity or child support proceeding.
new text end

new text begin (b) The notice to an obligor of intent to suspend an
occupational license must be served by first class mail at the
obligor's last known address. The notice must inform the
obligor of the right to make a written request for a hearing.
new text end

new text begin (c) If the obligor makes a written request within ten days
of the date of the notice, a hearing must be held. At the
hearing, the only issues to be considered are mistake of fact
and whether the obligor received the subpoena.
new text end

new text begin Subd. 6. new text end

new text begin Failure to remain in compliance with approved
payment agreement. new text end

new text begin The license of an obligor who fails to
remain in compliance with a payment agreement under section
517C.71 may be suspended. A party must serve notice upon the
obligor of an intent to suspend under this subdivision. A party
must serve the notice by first class mail at the obligor's last
known address not less than ten days before the date of the
hearing. The notice must include a notice of hearing. If the
obligor appears at the hearing and the judge determines that the
obligor has failed to comply with a payment agreement under
section 517C.71, the judge must notify the licensing board or
agency to suspend the obligor's license. If the obligor fails
to appear at the hearing, the public authority may notify the
licensing board or agency to suspend the obligor's license.
new text end

new text begin Subd. 7. new text end

new text begin Reinstatement. new text end

new text begin An obligor whose occupational
license is suspended may provide proof to the public authority
that the obligor is in compliance with all payment agreements
under section 517C.71. Within 15 days of the receipt of that
proof, the public authority must inform the licensing board or
agency or the Lawyers Professional Responsibility Board that the
obligor is no longer ineligible for license issuance,
reinstatement, or renewal under this section.
new text end

new text begin Subd. 8. new text end

new text begin Remedies available. new text end

new text begin The remedy under this
section is in addition to any other enforcement remedy available
to the court or public authority.
new text end

Sec. 67.

new text begin [517C.77] DATA ON SUSPENSIONS FOR SUPPORT
ARREARS.
new text end

new text begin Notwithstanding section 13.03, subdivision 4, paragraph
(c), data on an occupational license suspension under section
517C.76 or a driver's license suspension under section 517C.75,
that are transferred by the Department of Human Services to the
Department of Public Safety or a state, county, or municipal
occupational licensing agency respectively must have the same
classification at the Department of Public Safety or other
receiving agency under section 13.02 as other license suspension
data held by the receiving agency. The transfer of the data
does not affect the classification of the data in the hands of
the Department of Human Services.
new text end

Sec. 68.

new text begin [517C.78] RECREATIONAL LICENSE SUSPENSION.
new text end

new text begin Subdivision 1. new text end

new text begin Motion; factors. new text end

new text begin (a) An obligee or the
public authority may bring a motion to suspend the recreational
license or licenses of an obligor. An obligee or the public
authority must serve the motion on the obligor in person or by
first class mail at the obligor's last known address. There
must be an opportunity for a hearing. The court may direct the
commissioner of natural resources to suspend or bar receipt of
the obligor's recreational license or licenses if it finds that:
new text end

new text begin (1) the obligor has child support arrears amounting to at
least six times the obligor's total monthly support payments and
the obligor is not in compliance with a payment agreement under
section 517C.71; or
new text end

new text begin (2) the obligor has failed, after receiving notice, to
comply with a subpoena relating to a paternity or child support
proceeding.
new text end

new text begin (b) Before utilizing this section, the court must find that
other substantial enforcement mechanisms have been attempted but
have not resulted in compliance.
new text end

new text begin Subd. 2. new text end

new text begin Affected licenses. new text end

new text begin For purposes of this
section, a recreational license includes all licenses, permits,
and stamps issued centrally by the commissioner of natural
resources under sections 97B.301, 97B.401, 97B.501, 97B.515,
97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305.
new text end

new text begin Subd. 3. new text end

new text begin Reinstatement. new text end

new text begin An obligor whose recreational
license has been suspended or barred may provide proof to the
court that the obligor is in compliance with all payment
agreements under section 517C.71. Within 15 days of receipt of
that proof, the court must notify the commissioner of natural
resources that the obligor's recreational license or licenses
must no longer be suspended nor may receipt be barred.
new text end

Sec. 69.

new text begin [517C.79] MOTOR VEHICLE LIEN.
new text end

new text begin Subdivision 1. new text end

new text begin Factors warranting lien. new text end

new text begin A lien in the
name of the obligee or the state of Minnesota, as appropriate,
in accordance with section 168A.05, subdivision 8, must be
entered on any motor vehicle certificate of title subsequently
issued in the obligor's name if the obligor:
new text end

new text begin (1) is a debtor for a judgment debt resulting from child
support arrears in an amount at least three times the total
monthly support obligation; and
new text end

new text begin (2) is not in compliance with a payment agreement under
section 517C.71.
new text end

new text begin Subd. 2. new text end

new text begin Lien initiated by obligee. new text end

new text begin (a) An obligee may
bring a motion for the entry of a lien on any motor vehicle
certificate of title issued in the obligor's name. The obligee
must properly serve the motion on the obligor pursuant to court
rules and file the motion with the court.
new text end

new text begin (b) At the hearing, if the court finds that the factors
under subdivision 1 exist, the court must:
new text end

new text begin (1) order the commissioner of public safety to enter a lien
in the obligee's name or in the name of the state of Minnesota,
as appropriate under section 168A.05, subdivision 8, on any
motor vehicle certificate of title subsequently issued in the
obligor's name; and
new text end

new text begin (2) stay the order for 90 days to allow the obligor the
opportunity to enter into a payment agreement under section
517C.71.
new text end

new text begin (c) If after 90 days the obligor has not entered into or is
not in compliance with a payment agreement under section
517C.71, the court's order becomes effective and the
commissioner of public safety must enter the lien on any motor
vehicle certificate of title subsequently issued in the
obligor's name.
new text end

new text begin Subd. 3. new text end

new text begin Lien initiated by public authority. new text end

new text begin (a) If the
public authority determines that the factors in subdivision 1
exist, the public authority must direct the commissioner of
public safety to enter a lien in the name of the obligee or in
the name of the state of Minnesota, as appropriate, under
section 168A.05, subdivision 8, on any motor vehicle certificate
of title subsequently issued in the obligor's name.
new text end

new text begin (b) At least 90 days before directing the entry of a lien
under this section, the public authority must mail a written
notice to the obligor at the obligor's last known address
indicating that:
new text end

new text begin (1) the public authority intends to enter a lien on any
motor vehicle certificate of title subsequently issued in the
obligor's name; and
new text end

new text begin (2) the obligor must make a written request for a hearing
within 30 days of the date of the notice to contest the action.
new text end

new text begin (c) If the obligor makes a written request for a hearing
within 30 days of the date of the notice, a court hearing must
be held. At least 14 days before the hearing, the public
authority must serve the obligor personally or by mail at the
obligor's last known address with a notice including the hearing
time and place and the allegations against the obligor.
new text end

new text begin (d) If a hearing is held and the court finds the factors
under subdivision 1 exist, the court must order the commissioner
of public safety to enter the lien on any motor vehicle
certificate of title subsequently issued in the obligor's name.
new text end

new text begin (e) If the obligor does not make a written request for a
hearing within 30 days of the date of the notice and has not
entered into or is not in compliance with a payment agreement
under section 517C.71 approved by the public authority within 90
days of the date of the notice, the public authority must direct
the commissioner of public safety to enter the lien on any motor
vehicle certificate of title subsequently issued in the
obligor's name.
new text end

new text begin Subd. 4. new text end

new text begin Release. new text end

new text begin An obligor may provide proof to the
court or the public authority that the obligor is in compliance
with all written payment agreements under section 517C.71 or
that the motor vehicle's value is less than the exemption
provided under section 550.37. Within 15 days of the receipt of
that proof, the court or public authority must:
new text end

new text begin (1) execute a release of security interest under section
168A.20, subdivision 4, and mail or deliver the release to the
owner or other authorized person; or
new text end

new text begin (2) in instances where a lien has not yet been entered,
direct the commissioner of public safety not to enter a lien on
any motor vehicle certificate of title subsequently issued in
the obligor's name.
new text end

new text begin Subd. 5. new text end

new text begin Nonexempt value. new text end

new text begin A lien recorded against a
motor vehicle certificate of title under this section and
section 168A.05, subdivision 8, attaches only to the nonexempt
value of the motor vehicle as determined in accordance with
section 550.37. The value of a motor vehicle must be determined
in accordance with the retail value described in the National
Auto Dealers Association Official Used Car Guide, Midwest
Edition, for the current year, or in accordance with the
purchase price as defined in section 297B.01, subdivision 8.
new text end

new text begin Subd. 6. new text end

new text begin Remedies available. new text end

new text begin The remedy available under
this section is in addition to any other enforcement remedies
available to the court or public authority.
new text end

Sec. 70.

new text begin [517C.80] PUBLICATION OF NAMES OF DELINQUENT
CHILD SUPPORT OBLIGORS.
new text end

new text begin Subdivision 1. new text end

new text begin Making names public. new text end

new text begin At least once each
year, the commissioner of human services, in consultation with
the attorney general, may publish a list of the names and other
identifying information of no more than 25 persons who:
new text end

new text begin (1) are child support obligors;
new text end

new text begin (2) are at least $10,000 in arrears;
new text end

new text begin (3) are not in compliance with a payment agreement
regarding both current support and arrears approved by the
district court, a child support magistrate, or the public
authority;
new text end

new text begin (4) cannot currently be located by the public authority for
the purposes of enforcing a support order; and
new text end

new text begin (5) have not made a support payment except tax intercept
payments in the preceding 12 months.
new text end

new text begin Subd. 2. new text end

new text begin Identifying information. new text end

new text begin Identifying
information may include the obligor's name, last known address,
amount owed, date of birth, photograph, the number of children
for whom support is owed, and any additional information about
the obligor that would assist in identifying or locating the
obligor. The commissioner and attorney general may use posters,
media presentations, electronic technology, and other means that
the commissioner and attorney general determine are appropriate
for dissemination of the information, including publication on
the Internet. The commissioner and attorney general may make
any or all of the identifying information regarding these
persons public. Information regarding an obligor who meets the
criteria in this section will only be made public after that
person's selection by the commissioner and attorney general.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin (a) Before making the obligor's name
public, the Department of Human Services must send a notice to
the obligor's last known address stating the department's
intention to make public information on the obligor. The notice
must also provide an opportunity to have the obligor's name
removed from the list by paying the arrears or by entering into
an agreement to pay the arrears, or by providing information to
the public authority that there is good cause not to make the
information public. The notice must include the final date when
the payment or agreement can be accepted.
new text end

new text begin (b) The Department of Human Services must obtain the
obligee's written consent to make the obligor's name public.
new text end

new text begin Subd. 4. new text end

new text begin Names published in error. new text end

new text begin If the commissioner
makes a name public under subdivision 1 in error, the
commissioner must also offer to publish a printed retraction and
a public apology acknowledging that the name was made public in
error. If the person whose name was made public in error elects
the public retraction and apology, the retraction and apology
must appear in the same medium and the same format as the
original notice where the name was listed in error. In addition
to the right of a public retraction and apology, a person whose
name was made public in error has a civil action for damages
caused by the error.
new text end

Sec. 71.

new text begin [517C.81] COLLECTION; ARREARS.
new text end

new text begin Subdivision 1. new text end

new text begin Collection of arrears to continue after
child is emancipated. new text end

new text begin Remedies available for collecting and
enforcing support in this chapter and chapters 256, 257, and
518C also apply to cases in which a child for whom support is
owed is emancipated and the obligor owes past support or has
accumulated arrears as of the date of the youngest child's
emancipation. Child support arrears under this section include
arrears for child support, medical support, child care,
pregnancy and birth expenses, and unreimbursed medical expenses
as defined in section 517C.15.
new text end

new text begin Subd. 2. new text end

new text begin Retroactive application. new text end

new text begin This section applies
retroactively to support arrears that accrued on or before the
date of enactment and to all arrears accruing after the date of
enactment.
new text end

new text begin Subd. 3. new text end

new text begin Limitations. new text end

new text begin Past support or pregnancy and
confinement expenses ordered for which the obligor has specific
court-ordered terms for repayment may not be enforced using
drivers' and occupational or professional license suspension,
credit bureau reporting, and additional income withholding under
section 517C.60, unless the obligor fails to comply with the
terms of the court order for repayment.
new text end

new text begin Subd. 4. new text end

new text begin Payment of arrears. new text end

new text begin Absent a court order to the
contrary, if an arrearage exists at the time a support order
would otherwise terminate and section 517C.60 does not apply,
the obligor must repay the arrearage in an amount equal to the
current support order until all arrears have been paid in full.
new text end

new text begin Subd. 5. new text end

new text begin Payment agreement. new text end

new text begin If arrears exist according
to a support order which fails to establish a monthly support
obligation in a specific dollar amount, the public authority, if
it provides child support collection services, or the obligee
may establish a payment agreement. The payment agreement must
equal what the obligor would pay for current child support, plus
an additional 20 percent of the current child support
obligation, until all arrears are paid in full. If the obligor
fails to enter into or comply with a payment agreement, the
public authority, if it provides child support collection
services, or the obligee may file a motion in district court or
the expedited child support process, if section 484.702 applies,
for a court order establishing repayment terms.
new text end

Sec. 72.

new text begin [517C.82] COLLECTION; REVENUE RECAPTURE.
new text end

new text begin The public authority may submit debt under chapter 270A
only if the obligor is in arrears in court-ordered child support
or maintenance payments, or both, in an amount greater than the
obligor's total monthly support and maintenance payments or if
the debt has been entered and docketed as a judgment.
new text end

Sec. 73.

new text begin [517C.83] CASE REVIEWER.
new text end

new text begin The commissioner must make a case reviewer available to
obligors and obligees. The reviewer must be available to answer
questions concerning the collection process and to review the
collection activity taken. A reviewer who reasonably believes
that a particular action being taken is unreasonable or unfair
may make recommendations to the commissioner and the applicable
county in regard to the collection action.
new text end

Sec. 74.

new text begin [517C.84] ATTORNEY FEES; COLLECTION COSTS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin (a) A child support obligee is
entitled to recover from the obligor reasonable attorney fees
and other collection costs incurred to enforce a child support
judgment, as provided in this section if the child support
arrears are:
new text end

new text begin (1) at least $500;
new text end

new text begin (2) at least 90 days past due; and
new text end

new text begin (3) docketed as a judgment under sections 548.09 and
548.091.
new text end

new text begin (b) If the obligor pays in full the judgment rendered under
section 548.091 within 20 days of receipt of notice of entry of
judgment, the obligee is not entitled to recover attorney fees
or collection costs under this section.
new text end

new text begin Subd. 2. new text end

new text begin Enforcement. new text end

new text begin Attorney fees and collection costs
obtained under this section are considered child support and
entitled to the applicable remedies for child support collection
and enforcement.
new text end

new text begin Subd. 3. new text end

new text begin Notice to public authority. new text end

new text begin If the public
authority is a party to a case, an obligee must provide written
notice to the public authority within five days of:
new text end

new text begin (1) contracting with an attorney or collection entity to
enforce a child support judgment; or
new text end

new text begin (2) receipting payments received on a child support
judgment.
new text end

new text begin Subd. 4. new text end

new text begin Notice to obligor; hearing. new text end

new text begin (a) The obligee
must serve notice of the obligee's intent to recover attorney
fees and collection costs by certified or registered mail on the
obligor at the obligor's last known address. The notice must
itemize the attorney fees and collection costs being sought by
the obligee. It must inform the obligor that the fees and costs
will become an additional judgment for child support unless,
within 20 days of mailing of the notice, the obligor requests a
hearing:
new text end

new text begin (1) on the reasonableness of the fees and costs; or
new text end

new text begin (2) to contest the child support judgment on grounds
limited to mistake of fact.
new text end

new text begin (b) If the obligor requests a hearing, the only issues to
be determined by the court are:
new text end

new text begin (1) whether the attorney fees or collection costs were
reasonably incurred by the obligee for the enforcement of a
child support judgment against the obligor; or
new text end

new text begin (2) the validity of the child support judgment on grounds
limited to mistake of fact.
new text end

new text begin (c) The fees and costs may not exceed 30 percent of the
arrears. The court may modify the amount of attorney fees and
costs as appropriate and must enter judgment accordingly.
new text end

new text begin (d) If the obligor fails to request a hearing within 20
days of mailing of the notice under paragraph (a), the amount of
the attorney fees or collection costs requested by the obligee
in the notice automatically becomes an additional judgment for
child support.
new text end

new text begin Subd. 5. new text end

new text begin Forms. new text end

new text begin The state court administrator must
prepare and make available to the court and the parties forms
for use in providing for notice and requesting a hearing under
this section.
new text end

Sec. 75.

new text begin [517C.99] REQUIRED NOTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin Every court order or
judgment and decree that provides for child support, spousal
maintenance, custody, or parenting time must contain certain
notices as set out in subdivision 3. The information in the
notices must be concisely stated in plain language. The notices
must be in clearly legible print, but may not exceed two pages.
An order or judgment and decree without the notice remains
subject to all statutes. The court may waive all or part of the
notice required under subdivision 3 relating to parental rights
if it finds it is necessary to protect the welfare of a party or
child.
new text end

new text begin Subd. 2. new text end

new text begin Copies of laws and forms. new text end

new text begin The district court
administrator must make copies of the sections referred to in
subdivision 3 available at no charge and must provide forms to
request or contest attorney fees and collection costs under
section 517C.84, and cost-of-living increases under section
517C.31.
new text end

new text begin Subd. 3. new text end

new text begin Contents. new text end

new text begin The required notices must be
substantially as follows:
new text end new text begin "IMPORTANT NOTICE
new text end

new text begin 1. PAYMENTS TO PUBLIC AGENCY
new text end

new text begin According to Minnesota Statutes, section 517C.35, payments
ordered for maintenance and support must be paid to the
public agency responsible for child support enforcement as
long as the person entitled to receive the payments is
receiving or has applied for public assistance or has
applied for support and maintenance collection services.
MAIL PAYMENTS TO:
new text end

new text begin 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A
FELONY
new text end

new text begin A person may be charged with a felony who conceals a minor
child or takes, obtains, retains, or fails to return a
minor child from or to the child's parent (or person with
custodial or visitation rights), according to Minnesota
Statutes, section 609.26. A copy of that section is
available from any district court clerk.
new text end

new text begin 3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES
new text end

new text begin A person who fails to pay court-ordered child support or
maintenance may be charged with a crime, which may include
misdemeanor, gross misdemeanor, or felony charges,
according to Minnesota Statutes, section 609.375. A copy
of that section is available from any district court clerk.
new text end

new text begin 4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME
new text end

new text begin (a) Payment of support or spousal maintenance is to be as
ordered, and the giving of gifts or making purchases of
food, clothing, and the like will not fulfill the
obligation.
new text end

new text begin (b) Payment of support must be made as it becomes due, and
failure to secure or denial of parenting time is NOT an
excuse for nonpayment, but the aggrieved party must seek
relief through a proper motion filed with the court.
new text end

new text begin (c) Nonpayment of support is not grounds to deny parenting
time. The party entitled to receive support may apply for
support and collection services, file a contempt motion, or
obtain a judgment as provided in Minnesota Statutes,
section 548.091.
new text end

new text begin (d) The payment of support or spousal maintenance takes
priority over payment of debts and other obligations.
new text end

new text begin (e) A party who accepts additional obligations of support
does so with the full knowledge of the party's prior
obligation under this proceeding.
new text end

new text begin (f) Child support or maintenance is based on annual income,
and it is the responsibility of a person with seasonal
employment to budget income so that payments are made
throughout the year as ordered.
new text end

new text begin (g) If the obligor is laid off from employment or receives
a pay reduction, support may be reduced, but only if the
obligor or public authority serves and files a motion to
reduce the support with the court. Any reduction will take
effect only if ordered by the court and may only relate
back to the time that the obligor files a motion. If the
obligor or public authority does not file a motion, the
support obligation will continue at the current level. The
court is not permitted to reduce support retroactively,
except as provided in Minnesota Statutes, section 517C.29.
new text end

new text begin (h) Reasonable parenting time guidelines are contained in
Appendix B, which is available from the court administrator.
new text end

new text begin (i) The nonpayment of support may be enforced through the
denial of student grants; interception of state and federal
tax refunds; suspension of driver's, recreational, and
occupational licenses; referral to the Department of
Revenue or private collection agencies; seizure of assets,
including bank accounts and other assets held by financial
institutions; reporting to credit bureaus; interest
charging, income withholding, and contempt proceedings; and
other enforcement methods allowed by law.
new text end

new text begin 5. PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT
new text end

new text begin Unless otherwise provided by the court:
new text end

new text begin (a) Each party has the right of access to, and to receive
copies of, school, medical, dental, religious training, and
other important records and information about the minor
child. Each party has the right of access to information
regarding health or dental insurance available to the minor
child. Presentation of a copy of this order to the
custodian of a record or other information about the minor
child constitutes sufficient authorization for the release
of the record or information to the requesting party.
new text end

new text begin (b) Each party must keep the other informed as to the name
and address of the school of attendance of the minor
child. Each party has the right to be informed by school
officials about the child's welfare, educational progress
and status, and to attend school and parent teacher
conferences. The school is not required to hold a separate
conference for each party.
new text end

new text begin (c) In case of an accident or serious illness of a minor
child, each party must notify the other party of the
accident or illness, and the name of the health care
provider and the place of treatment.
new text end

new text begin (d) Each party has the right of reasonable access and
telephone contact with the minor child.
new text end

new text begin 6. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE
new text end

new text begin Child support and/or spousal maintenance may be withheld
from income, with or without notice to the person obligated
to pay, when the conditions of Minnesota Statutes, sections
517C.51 to 517C.62, have been met. A copy of those
sections is available from any district court clerk.
new text end

new text begin 7. CHANGE OF ADDRESS OR RESIDENCE
new text end

new text begin Unless otherwise ordered, each party must notify the other
party, the court, and the public authority responsible for
collection, if applicable, of the following information
within ten days of any change: the residential and mailing
address; telephone number; driver's license number; Social
Security number; and name, address, and telephone number of
the employer.
new text end

new text begin 8. COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE
new text end

new text begin Child support and/or spousal maintenance may be adjusted
every two years based upon a change in the cost of living
(using Department of Labor Consumer Price Index ..........,
unless otherwise specified in this order) when the
conditions of Minnesota Statutes, section 517C.31, are met.
Cost-of-living increases are compounded. A copy of
Minnesota Statutes, section 517C.31, and forms necessary to
request or contest a cost-of-living increase are available
from any district court clerk.
new text end

new text begin 9. JUDGMENTS FOR UNPAID SUPPORT
new text end

new text begin If a person fails to make a child support payment, the
payment owed becomes a judgment against the person
responsible to make the payment by operation of law on or
after the date the payment is due, and the person entitled
to receive the payment or the public agency may obtain
entry and docketing of the judgment WITHOUT NOTICE to the
person responsible to make the payment under Minnesota
Statutes, section 548.091. Interest begins to accrue on a
payment or installment of child support whenever the unpaid
amount due is greater than the current support due,
according to Minnesota Statutes, section 548.091,
subdivision 1a.
new text end

new text begin 10. JUDGMENTS FOR UNPAID SPOUSAL MAINTENANCE
new text end

new text begin A judgment for unpaid spousal maintenance may be entered
when the conditions of Minnesota Statutes, section 548.091,
are met. A copy of that section is available from any
district court clerk.
new text end

new text begin 11. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD
SUPPORT
new text end

new text begin A judgment for attorney fees and other collection costs
incurred in enforcing a child support order will be entered
against the person responsible to pay support when the
conditions of Minnesota Statutes, section 517C.84, are
met. A copy of Minnesota Statutes, section 517C.84, and
forms necessary to request or contest these attorney fees
and collection costs are available from any district court
clerk.
new text end

new text begin 12. PARENTING TIME EXPEDITOR PROCESS
new text end

new text begin On request of either party or on its own motion, the court
may appoint a parenting time expeditor to resolve parenting
time disputes under Minnesota Statutes, section 517B.26. A
copy of that section and a description of the expeditor
process is available from any district court clerk.
new text end

new text begin 13. PARENTING TIME REMEDIES AND PENALTIES
new text end

new text begin Remedies and penalties for the wrongful denial of parenting
time are available under Minnesota Statutes, section
517B.25, subdivision 7. These include compensatory
parenting time, civil penalties, bond requirements,
contempt, and reversal of custody. A copy of that
subdivision and forms for requesting relief are available
from any district court clerk."
new text end

Sec. 76. new text begin APPROPRIATIONS.
new text end

new text begin $2,601,000 is appropriated in fiscal year 2006 from the
general fund to the commissioner of human services to fund
implementation of the Minnesota Child Support Act and to
reimburse counties for their implementation costs. The
commissioner of human services shall devise an equitable system
to reimburse counties for their costs of implementing the
Minnesota Child Support Act. This is a onetime appropriation.
Any unencumbered balance remaining in the first year does not
cancel and is available the second year of the biennium.
new text end

new text begin $1,087,000 is appropriated in fiscal year 2007 from the
general fund to the Supreme Court administrator to fund
implementation of the Minnesota Child Support Act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 77. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes must correct internal cross-
references to sections that are now in Minnesota Statutes,
chapter 517C, throughout Minnesota Statutes and Minnesota Rules.
new text end

new text begin (b) If a provision of a section of Minnesota Statutes
amended by this act is amended by the 2005 regular legislative
session or 2005 special legislative session, if any, the revisor
shall codify the amendment consistent with the recodification of
the affected section by this act, notwithstanding any law to the
contrary. In sections affected by this instruction, the revisor
may make changes necessary to correct the punctuation, grammar,
or structure of the remaining text and preserve its meaning.
new text end

Sec. 78. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 518.111; 518.171;
518.255; 518.54, subdivisions 2, 4a, 13, and 14; 518.551,
subdivisions 1, 5, 5a, 5b, 5c, 5d, 5e, 5f, 6, 7, 9, 11, 12, 13,
13a, 14, and 15; 518.5513; 518.553; 518.57; 518.575; 518.585;
518.5851; 518.5852; 518.5853; 518.61; 518.6111; 518.614;
518.615; 518.616; 518.617; 518.618; 518.6195; 518.6196; and
518.68, are repealed.
new text end

Sec. 79. new text begin EFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this act is effective July 1,
2007, and applies to all actions commenced and motions served on
or after July 1, 2007.
new text end

HF 1321

Bill Text Versions

Current Version - 2nd Engrossment

ARTICLE 1

CHILD CUSTODY AND PARENTING TIME

Section 1.

new text begin Subd. 8.new text end

new text begin Marital dissolution fee.new text end

new text begin EFFECTIVE DATE. new text end

Sec. 2.

Subdivision 1.

The best interests of the child.

new text begin EFFECTIVE DATE. new text end

Sec. 3.

Subd. 2.

deleted text begin factors when joint custody is sought deleted text end new text begin rebuttable presumptions in child custody disputesnew text end .

new text begin EFFECTIVE DATE. new text end

Sec. 4.

new text begin Subd. 1b. new text end

new text begin Parenting time; meaning. new text end

Sec. 5.

new text begin [518.1781] SIX-MONTH REVIEW. new text end

ARTICLE 2

CHILD SUPPORT

Section 1.

new text begin [517C.01] TITLE. new text end

Sec. 2.

new text begin [517C.02] LEGISLATIVE INTENT. new text end

Sec. 3.

new text begin [517C.03] DEFINITIONS. new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Subd. 2. new text end

new text begin Arrears. new text end

new text begin Subd. 3. new text end

new text begin Basic support. new text end

new text begin Subd. 4. new text end

new text begin Business day. new text end

new text begin Subd. 5. new text end

new text begin Child. new text end

new text begin Subd. 6. new text end

new text begin Child support. new text end

new text begin Subd. 7. new text end

new text begin Deposit account. new text end

new text begin Subd. 8. new text end

new text begin Financial institution. new text end

new text begin Subd. 9. new text end

new text begin Obligee. new text end

new text begin Subd. 10. new text end

new text begin Obligor. new text end

new text begin Subd. 11. new text end

new text begin Payment. new text end

new text begin Subd. 12. new text end

new text begin Payor of funds. new text end

new text begin Subd. 13. new text end

new text begin Public authority. new text end

new text begin Subd. 14. new text end

new text begin Support order. new text end

new text begin Subd. 15. new text end

new text begin Tribunal. new text end

new text begin Subd. 16. new text end

new text begin Unclaimed support funds. new text end

new text begin Subd. 17. new text end

new text begin Iv-d case. new text end

Sec. 4.

new text begin [517C.04] CHILD SUPPORT ORDERS. new text end

new text begin Subdivision 1. new text end

new text begin Order. new text end

new text begin Subd. 2. new text end

new text begin Provisions. new text end

new text begin Subd. 3. new text end

new text begin Agreements. new text end

new text begin Subd. 4. new text end

new text begin Specific dollar amount. new text end

new text begin Subd. 5. new text end

new text begin Preference for monthly payment. new text end

new text begin Subd. 6. new text end

new text begin Preference for static payment. new text end

new text begin Subd. 7. new text end

new text begin Departure. new text end

deleted text begin factors when joint custody is sought deleted text end new text begin rebuttable
presumptions in child custody disputesnew text end .

new text begin [518.1781] SIX-MONTH REVIEW.
new text end

new text begin [517C.01] TITLE.
new text end

new text begin [517C.02] LEGISLATIVE INTENT.
new text end

new text begin [517C.03] DEFINITIONS.
new text end

new text begin [517C.04] CHILD SUPPORT ORDERS.
new text end

new text begin Child support to be distinguished from
maintenance. new text end

new text begin Either parent liable; marital misconduct
irrelevant.new text end

new text begin [517C.05] TEMPORARY ORDERS.
new text end

new text begin [517C.06] DETERMINATION OF CONTROLLING ORDER.
new text end

new text begin [517C.07] ATTORNEY FEES; COSTS AND
DISBURSEMENTS.
new text end

new text begin [517C.10] EXCHANGE OF INFORMATION.
new text end

new text begin Notice to public authority; public assistance.
new text end

new text begin [517C.11] PRIVACY PROTECTION; PERSONAL
PROTECTION.
new text end

new text begin [517C.12] INCOME.
new text end

new text begin Self-employment; independent contractors.
new text end

new text begin Income of a spouse or other household
member. new text end