HF 3826

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to child support; authorizing the public authority to redirect child support
payments; amending Minnesota Statutes 2004, sections 518.5513, subdivision 5;
518.57, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 518.5513, subdivision 5, is amended to
read:

Subd. 5.

Administrative authority.

(a) The public authority may take the
following actions relating to establishment of paternity or to establishment, modification,
or enforcement of support orders, without the necessity of obtaining an order from any
judicial or administrative tribunal:

(1) recognize and enforce orders of child support agencies of other states;

(2) upon request for genetic testing by a child, parent, or any alleged parent, and
using the procedure in paragraph (b), order the child, parent, or alleged parent to submit to
blood or genetic testing for the purpose of establishing paternity;

(3) subpoena financial or other information needed to establish, modify, or enforce a
child support order and sanction a party for failure to respond to a subpoena;

(4) upon notice to the obligor, obligee, and the appropriate court, direct the obligor
or other payor to change the payee to the central collections unit under sections 518.5851
to 518.5853;

(5) order income withholding of child support under section 518.6111 and sanction
an employer or payor of funds pursuant to section 393.07, subdivision 9a, for failing to
comply with an income withholding notice;

(6) secure assets to satisfy the debt or arrearage in cases in which there is a support
debt or arrearage by:

(i) intercepting or seizing periodic or lump sum payments from state or local
agencies, including unemployment benefits, workers' compensation payments, judgments,
settlements, lotteries, and other lump sum payments;

(ii) attaching and seizing assets of the obligor held in financial institutions or public
or private retirement funds; and

(iii) imposing liens in accordance with section 548.091 and, in appropriate cases,
forcing the sale of property and the distribution of proceeds;

(7) for the purpose of securing overdue support, increase the amount of the monthly
support payments by an additional amount equal to 20 percent of the monthly support
payment to include amounts for debts or arrearages; deleted text begin and
deleted text end

(8) subpoena an employer or payor of funds to provide promptly information on the
employment, compensation, and benefits of an individual employed by that employer as
an employee or contractor, and sanction an employer or payor of funds pursuant to section
393.07, subdivision 9a, for failure to respond to the subpoena deleted text begin . deleted text end new text begin ;
new text end

new text begin (9) redirect support payments to the local social service agency when a child for
whom support is payable is placed into foster care; and
new text end

new text begin (10) redirect support payments under the support order to the person who has had,
for at least 30 days, lawful physical custody of the child or custody with the obligee's
consent. The obligee may file an application for an adjudicative proceeding to challenge
distribution to such other person. Prior to distributing support payments to any person
other than the obligee, the public authority shall:
new text end

new text begin (i) obtain a written statement from the child's physical custodian, under penalty of
perjury, that the custodian has lawful custody of the child or custody with the obligee's
consent;
new text end

new text begin (ii) mail to the responsible parent and to the obligee at the obligee's last known
address a copy of the physical custodian's statement and a notice which states that support
payments will be sent to the physical custodian; and
new text end

new text begin (iii) file a copy of the notice with the clerk of the court that entered the original
support order. new text end

(b) A request for genetic testing by a child, parent, or alleged parent must be
supported by a sworn statement by the person requesting genetic testing alleging paternity,
which sets forth facts establishing a reasonable possibility of the requisite sexual contact
between the parties, or denying paternity, and setting forth facts establishing a reasonable
possibility of the nonexistence of sexual contact between the alleged parties. The order for
genetic tests may be served anywhere within the state and served outside the state in the
same manner as prescribed by law for service of subpoenas issued by the district court of
this state. If the child, parent, or alleged parent fails to comply with the genetic testing
order, the public authority may seek to enforce that order in district court through a motion
to compel testing. No results obtained through genetic testing done in response to an order
issued under this section may be used in any criminal proceeding.

(c) Subpoenas may be served anywhere within the state and served outside the
state in the same manner as prescribed by law for service of process of subpoenas issued
by the district court of this state. When a subpoena under this subdivision is served on
a third-party recordkeeper, written notice of the subpoena shall be mailed to the person
who is the subject of the subpoenaed material at the person's last known address within
three days of the day the subpoena is served. This notice provision does not apply if there
is reasonable cause to believe the giving of the notice may lead to interference with the
production of the subpoenaed documents.

(d) A person served with a subpoena may make a written objection to the public
authority or court before the time specified in the subpoena for compliance. The public
authority or the court shall cancel or modify the subpoena, if appropriate. The public
authority shall pay the reasonable costs of producing the documents, if requested.

(e) Subpoenas are enforceable in the same manner as subpoenas of the district court.
Upon motion of the county attorney, the court may issue an order directing the production
of the records. Failure to comply with the court order may subject the person who fails to
comply to civil or criminal contempt of court.

(f) The administrative actions under this subdivision are subject to due process
safeguards, including requirements for notice, opportunity to contest the action, and
opportunity to appeal the order to the judge, judicial officer, or child support magistrate.

Sec. 2.

Minnesota Statutes 2004, section 518.57, subdivision 1, is amended to read:

Subdivision 1.

Order.

Upon a decree of dissolution, legal separation, or annulment,
the court shall make a further order which is just and proper concerning the maintenance
of the minor children as provided by section 518.551, and for the maintenance of any child
of the parties as defined in section 518.54, as support money. new text begin Each support order must be
written to provide that the public authority shall forward the child support payments to the
person, or agency, that has physical custody of the child. new text end The court may make any child
support order a lien or charge upon the property of the obligor, either at the time of the
entry of the judgment or by subsequent order upon proper application.