HF 2207

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; clarifying which month certain 
  1.3             support payments are for; amending Minnesota Statutes 
  1.4             2000, section 518.551, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2000, section 518.551, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [SCOPE; PAYMENT TO PUBLIC AGENCY.] (a) This 
  1.9   section applies to all proceedings involving a support order, 
  1.10  including, but not limited to, a support order establishing an 
  1.11  order for past support or reimbursement of public assistance. 
  1.12     (b) The court shall direct that all payments ordered for 
  1.13  maintenance and support be made to the public agency responsible 
  1.14  for child support enforcement so long as the obligee is 
  1.15  receiving or has applied for public assistance, or has applied 
  1.16  for child support and maintenance collection services.  Public 
  1.17  authorities responsible for child support enforcement may act on 
  1.18  behalf of other public authorities responsible for child support 
  1.19  enforcement.  This includes the authority to represent the legal 
  1.20  interests of or execute documents on behalf of the other public 
  1.21  authority in connection with the establishment, enforcement, and 
  1.22  collection of child support, maintenance, or medical support, 
  1.23  and collection on judgments. 
  1.24     (c) Unless the obligor clearly directs otherwise, if an 
  1.25  obligor owes a payment for both months and a payment is 
  2.1   postmarked in one month and received by the public agency 
  2.2   responsible for child support enforcement in the next month, the 
  2.3   agency must credit the payment to the month in which it was 
  2.4   postmarked. 
  2.5      (d) Amounts received by the public agency responsible for 
  2.6   child support enforcement greater than the amount granted to the 
  2.7   obligee shall be remitted to the obligee.