HF 2173

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to child support; requiring the court to 
  1.3             apprise an obligor who is awarded custody in a 
  1.4             juvenile court proceeding of the necessity to file a 
  1.5             motion to terminate child support; amending Minnesota 
  1.6             Statutes 1994, sections 260.191, by adding a 
  1.7             subdivision; and 518.57, subdivision 3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 260.191, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 3c.  [TERMINATING CHILD SUPPORT WHEN CUSTODY IS 
  1.12  AWARDED TO THE NONCUSTODIAL PARENT.] The court shall give notice 
  1.13  to a noncustodial parent awarded custody of a minor child under 
  1.14  this section that if the noncustodial parent is the obligor 
  1.15  under a child support order in effect for the child, the parent 
  1.16  must file a motion to modify the child support order to 
  1.17  terminate the child support obligation.  The motion must be 
  1.18  filed in accordance with chapter 518 in the county that has 
  1.19  jurisdiction over the support order.  
  1.20     The court must provide the notice either on the record when 
  1.21  the parent is present in court or by mail to the parent's last 
  1.22  known address within ten days after the decision on the hearing 
  1.23  to modify custody. 
  1.24     Sec. 2.  Minnesota Statutes 1994, section 518.57, 
  1.25  subdivision 3, is amended to read: 
  1.26     Subd. 3.  [SATISFACTION OF CHILD SUPPORT OBLIGATION.] The 
  2.1   court may conclude that an obligor has satisfied a child support 
  2.2   obligation by providing a home, care, and support for the child 
  2.3   while the child is living with the obligor, if the court finds 
  2.4   that the child was integrated into the family of the obligor 
  2.5   with the consent of the obligee or pursuant to a court order and 
  2.6   child support payments were not assigned to the public agency 
  2.7   under section 256.74.