HF 2225

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to child support enforcement; providing a 
  1.3             lien on certain insurance proceeds; proposing coding 
  1.4             for new law in Minnesota Statutes, chapter 60A. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [60A.42] [LIEN FOR PAST DUE CHILD SUPPORT; 
  1.7   INSURANCE PROCEEDS.] 
  1.8      A lien on insurance proceeds is created in favor of the 
  1.9   public authority for child support enforcement or the obligee as 
  1.10  provided by this section.  The public authority or the obligee 
  1.11  may provide written notice to an insurance company as defined in 
  1.12  section 60A.02, subdivision 4, that a claimant or beneficiary 
  1.13  under an insurance policy is in arrears in court-ordered child 
  1.14  support or maintenance, or both, in an amount equal to or 
  1.15  greater than three times the obligor's total monthly support and 
  1.16  maintenance payments, regardless of when the arrears arose.  If 
  1.17  the public authority or obligee accompanies this notice with a 
  1.18  certified copy of the court order and proof that the beneficiary 
  1.19  is in arrears as provided in this section, receipt of the notice 
  1.20  creates a lien on the insurance proceeds in favor of the public 
  1.21  authority or obligee.  Proof of the arrears may consist of an 
  1.22  affidavit executed by the obligee or on behalf of the public 
  1.23  authority, stating facts sufficient to establish the existence 
  1.24  and amount of the arrears.  This section applies only to 
  1.25  insurance proceeds consisting of a nonrecurring payment of a 
  2.1   lump sum amount equal to or greater than $2,000 or periodic 
  2.2   payments in an aggregate amount that is equal to or greater than 
  2.3   $2,000.