HF 3428

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2020 11:28am

A bill for an act
relating to family law; modifying child care support provisions; amending
Minnesota Statutes 2018, section 518A.40, subdivision 4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 518A.40, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Child care support obligation. new text end

new text begin (a) Unless there is a court order between the
parties or on behalf of a joint child under chapter 518B: (1) when child care support is
ordered to be paid by the obligor, the obligee must give the child care provider the name
and address of the obligor and must give the obligor the name, address, and telephone
number of the child care provider; and (2) the child care provider must release information
regarding child care expenses to the obligor including the annual child care expense report
for tax purposes.
new text end

new text begin (b) When child care support is ordered to be paid by the obligor, annually by January
15 each year, the obligee must provide the obligor with a child care expense report from
the child care provider that itemizes the total child care expenses paid for the previous year.
If there is a change in the child care provider, the type of child care provider, or the age
group the child is in changes, the obligee must give the obligor an updated child care expense
report. The child care expense report must be signed by the child care provider.
new text end

new text begin (c) When the obligee is no longer incurring child care expenses, the obligee must notify
the public authority, if the public authority provides child support enforcement services,
and the obligor within two weeks that the child care expense has ended and the date the
child care expense ended.
new text end

Sec. 2.

Minnesota Statutes 2018, section 518A.40, subdivision 4, is amended to read:

Subd. 4.

Change in child care.

new text begin (a) When child care expenses end, the court must decrease
the child care support obligation as of the effective date the child care expenses ended.
new text end

new text begin (b) Title IV-D cases may use the expedited child support hearing process to get the child
care expenses removed from the child care support amount when child care expenses end.
The parties may contact the public authority about filing a stipulation.
new text end

deleted text begin (a) deleted text end new text begin (c) new text end When a court order provides for child care expenses, and child care support is
not assigned under section 256.741, the public authority, if the public authority provides
child support enforcement services, may suspend collecting the amount allocated for child
care expenses when either party informs the public authority that no child care deleted text begin costs deleted text end new text begin expenses new text end
are being incurred and:

(1) the public authority verifies the accuracy of the information with the obligee; or

(2) the obligee fails to respond within 30 days of the date of a written request from the
public authority for information regarding child care costs. A written or oral response from
the obligee that child care costs are being incurred is sufficient for the public authority to
continue collecting child care expenses.

The suspension is effective as of the first day of the month following the date that the public
authority either verified the information with the obligee or the obligee failed to respond.

The public authority will resume collecting child care expenses when either party provides
information that child care costs are incurred, or when a child care support assignment takes
effect under section 256.741, subdivision 4. The resumption is effective as of the first day
of the month after the date that the public authority received the information.

deleted text begin (b) deleted text end new text begin (d) new text end 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, continuation, or resumption of the collection of child care expenses under this
subdivision. 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.

deleted text begin (c) deleted text end new text begin (e) new text end In cases where there is a substantial increase or decrease in child care expenses,
the parties may modify the order under section 518A.39.