HF 1578

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to spousal maintenance; authorizing the
Department of Human Services to collect spousal
maintenance; modifying spousal maintenance provisions;
amending Minnesota Statutes 2004, sections 518.54,
subdivisions 4a, 14, by adding a subdivision; 518.551,
subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 518.54,
subdivision 4a, is amended to read:

Subd. 4a.

Support order.

new text begin (a) new text end "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 deleted text begin , deleted text end new text begin :
new text end

new text begin (1) new text end for the support and maintenance of a child, including a
child who has attained the age of majority under the law of the
issuing state deleted text begin , or deleted text end new text begin ;
new text end

new text begin (2) for new text end a child and the parent with whom the child is
living, that provides for monetary support, child care, medical
support including expenses for confinement and pregnancy,
arrearages, or reimbursement deleted text begin , and that deleted text end new text begin ; or
new text end

new text begin (3) for the maintenance of a spouse.
new text end

new text begin (b) The support order new text end may include related costs and fees,
interest and penalties, income withholding, and other relief.
This definition applies to orders issued under this chapter and
chapters 256, 257, and 518C.

Sec. 2.

Minnesota Statutes 2004, section 518.54,
subdivision 14, is amended to read:

Subd. 14.

Iv-d case.

"IV-D case" means a case where a
party has assigned to the state rights to child support because
of the receipt of public assistance as defined in section
256.741 or has applied for child support services under title
IV-D of the Social Security Act, United States Code, title 42,
section 654(4). new text begin The definition in this section does not apply
to an obligation for spousal maintenance under subdivision 4,
paragraph (a), clause (3).
new text end

Sec. 3.

Minnesota Statutes 2004, section 518.54, is
amended by adding a subdivision to read:

new text begin Subd. 15. new text end

new text begin Income withholding only services. new text end

new text begin "Income
withholding only services" means the services provided by the
public authority connected to processing payments pursuant to a
support order but does not include any other enforcement
remedies and services provided by the public authority for IV-D
cases. Notices required for income withholding under this
section are initiated by the applicant for services. An
obligation for spousal maintenance under subdivision 4,
paragraph (a), clause (3), is only eligible for income
withholding only services.
new text end

Sec. 4.

Minnesota Statutes 2004, section 518.551,
subdivision 1, is amended to read:

Subdivision 1.

Scope; payment to public agency.

(a) This
section applies to all proceedings involving a support order,
including, but not limited to, a support order establishing an
order for past support or reimbursement of public assistance.

(b) The court shall direct that all payments ordered for
maintenance deleted text begin and deleted text end new text begin or new text end support be made to the public agency
responsible for child support enforcement so long as the obligee
is receiving or has applied for public assistance, or has
applied for child support deleted text begin and deleted text end new text begin or new text end maintenance collection
services. Public authorities responsible for child support
enforcement may act on behalf of other public authorities
responsible for child support enforcement. 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, maintenance, or medical support, and collection on
judgments.

(c) Payments made to the public authority other than
payments under section 518.6111 must be credited as of the date
the payment is received by the central collections unit.

(d) Amounts received by the public agency responsible for
child support enforcement greater than the amount granted to the
obligee shall be remitted to the obligee.

new text begin EFFECTIVE DATE. new text end

new text begin This act is effective the day following
final enactment.
new text end