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HF 892

as introduced - 88th Legislature (2013 - 2014) Posted on 04/23/2014 11:48am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to families; updating the Uniform Interstate Family Support Act;
amending Minnesota Statutes 2012, sections 518C.101; 518C.102; 518C.103;
518C.201; 518C.202; 518C.203; 518C.204; 518C.205; 518C.206; 518C.207;
518C.208; 518C.209; 518C.301; 518C.303; 518C.304; 518C.305; 518C.306;
518C.307; 518C.308; 518C.310; 518C.311; 518C.312; 518C.313; 518C.314;
518C.316; 518C.317; 518C.318; 518C.319; 518C.401; 518C.501; 518C.503;
518C.504; 518C.505; 518C.506; 518C.508; 518C.601; 518C.602; 518C.603;
518C.604; 518C.605; 518C.606; 518C.607; 518C.608; 518C.609; 518C.610;
518C.611; 518C.612; 518C.613; 518C.701; 518C.801; 518C.902; proposing
coding for new law in Minnesota Statutes, chapter 518C; repealing Minnesota
Statutes 2012, section 518C.502.

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

Section 1.

Minnesota Statutes 2012, section 518C.101, is amended to read:


518C.101 DEFINITIONS.

In this chapter:

(a) "Child" means an individual, whether over or under the age of majority, who is
or is alleged to be owed a duty of support by the individual's parent or who is or is alleged
to be the beneficiary of a support order directed to the parent.

(b) "Child support order" means a support order for a child, including a child who
has attained the age of majority under the law of the issuing statenew text begin or foreign countrynew text end.

(c) new text begin"Convention" means the Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance, concluded at The Hague on November
23, 2007.
new text end

new text begin (d) new text end"Duty of support" means an obligation imposed or imposable by law to provide
support for a child, spouse, or former spouse, including an unsatisfied obligation to
provide support.

new text begin (e) "Foreign country" means a country, including a political subdivision thereof,
other than the United States, that authorizes the issuance of support orders and:
new text end

new text begin (1) that has been declared under the law of the United States to be a foreign
reciprocating country;
new text end

new text begin (2) that has established a reciprocal arrangement for child support with this state
as provided in section 518C.308;
new text end

new text begin (3) that has enacted a law or established procedures for the issuance and enforcement
of support orders which are substantially similar to the procedures under this chapter; or
new text end

new text begin (4) in which the convention is in force with respect to the United States.
new text end

new text begin (f) "Foreign support order" means a support order of a foreign tribunal.
new text end

new text begin (g) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity
of a foreign country which is authorized to establish, enforce, or modify support orders
or to determine parentage of a child. The term includes a competent authority under
the convention.
new text end

deleted text begin (d)deleted text endnew text begin (h)new text end "Home state" means the state new text beginor foreign country new text endin which a child lived with
a parent or a person acting as parent for at least six consecutive months immediately
preceding the time of filing of a petition or comparable pleading for support and, if a
child is less than six months old, the state new text beginor foreign country new text endin which the child lived
from birth with any of them. A period of temporary absence of any of them is counted
as part of the six-month or other period.

deleted text begin (e)deleted text endnew text begin (i)new text end "Income" includes earnings or other periodic entitlements to money from any
source and any other property subject to withholding for support under the law of this state.

deleted text begin (f)deleted text endnew text begin (j)new text end "Income-withholding order" means an order or other legal process directed
to an obligor's employer or other debtor under section 518A.53, to withhold support
from the income of the obligor.

deleted text begin (g) "Initiating state" means a state from which a proceeding is forwarded or in which
a proceeding is filed for forwarding to a responding state under this chapter or a law or
procedure substantially similar to this chapter, or under a law or procedure substantially
similar to the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform
Reciprocal Enforcement of Support Act.
deleted text end

deleted text begin (h)deleted text endnew text begin (k)new text end "Initiating tribunal" means the deleted text beginauthorizeddeleted text end tribunal deleted text beginin an initiatingdeleted text endnew text begin of anew text end statedeleted text begin.deleted text endnew text begin or
foreign country from which a petition or comparable pleading is forwarded or in which a
petition or comparable pleading is filed for forwarding to another state or foreign country.
new text end

new text begin (l) "Issuing foreign country" means the foreign country in which a tribunal issues a
support order or a judgment determining parentage of a child.
new text end

deleted text begin (i)deleted text endnew text begin (m)new text end "Issuing state" means the state in which a tribunal issues a support order or
deleted text beginrendersdeleted text end a judgment determining parentagenew text begin of a childnew text end.

deleted text begin (j)deleted text endnew text begin (n)new text end "Issuing tribunal" means the tribunal new text beginof a state or foreign country new text endthat issues a
support order or deleted text beginrendersdeleted text end a judgment determining parentagenew text begin of a childnew text end.

deleted text begin (k)deleted text endnew text begin (o)new text end "Law" includes decisional and statutory law and rules and regulations having
the force of law.

deleted text begin (l)deleted text endnew text begin (p)new text end "Obligee" means:

(1) an individual to whom a duty of support is or is alleged to be owed or in whose
favor a support order deleted text beginhas been issueddeleted text end or a judgment determining parentage new text beginof a child
new text endhas been deleted text beginrendereddeleted text endnew text begin issuednew text end;

(2) a new text beginforeign country, new text endstatenew text begin,new text end or political subdivision new text beginof a state new text endto which the rights under
a duty of support or support order have been assigned or which has independent claims
based on financial assistance provided to an individual obligeenew text begin in place of child supportnew text end; deleted text beginor
deleted text end

(3) an individual seeking a judgment determining parentage of the individual's
childdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (4) a person that is a creditor in a proceeding under sections 518C.701 to 518C.713.
new text end

deleted text begin (m)deleted text endnew text begin (q)new text end "Obligor" means an individual, or the estate of a decedentnew text begin thatnew text end:

(1) deleted text beginwhodeleted text end owes or is alleged to owe a duty of support;

(2) deleted text beginwhodeleted text end is alleged but has not been adjudicated to be a parent of a child; deleted text beginor
deleted text end

(3) deleted text beginwhodeleted text end is liable under a support orderdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (4) is a debtor in a proceeding under section 518C.701 to 518C.713.
new text end

new text begin (r) "Outside this state" means a location in another state or a country other than the
United States, whether or not the country is a foreign country.
new text end

new text begin (s) "Person" means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, public corporation,
government or governmental subdivision, agency, or instrumentality, or any other legal or
commercial entity.
new text end

new text begin (t) "Record" means information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in perceivable form.
new text end

deleted text begin (n)deleted text endnew text begin (u)new text end "Register" means to file new text beginin a tribunal of this state new text enda support order or judgment
determining parentage deleted text beginin the office of the court administratordeleted text endnew text begin of a child issued in another
state or a foreign country
new text end.

deleted text begin (o)deleted text endnew text begin (v)new text end "Registering tribunal" means a tribunal in which a support order new text beginor judgment
determining parentage of a child
new text endis registered.

deleted text begin (p)deleted text endnew text begin (w)new text end "Responding state" means a state in which a deleted text beginproceedingdeleted text endnew text begin petition or comparable
pleading for support or to determine parentage of a child
new text end is filed or to which a deleted text beginproceeding
deleted text endnew text begin petition or comparable pleadingnew text end is forwarded for filing from deleted text beginan initiatingdeleted text endnew text begin anothernew text end state
deleted text beginunder this chapter or a law or procedure substantially similar to this chapter, or under a
law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support
Act or the Revised Uniform Reciprocal Enforcement of Support Act
deleted text endnew text begin or a foreign countrynew text end.

deleted text begin (q)deleted text endnew text begin (x)new text end "Responding tribunal" means the authorized tribunal in a responding state
new text begin or foreign countrynew text end.

deleted text begin (r)deleted text endnew text begin (y)new text end "Spousal support order" means a support order for a spouse or former spouse
of the obligor.

deleted text begin (s)deleted text endnew text begin (z)new text end "State" means a state of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, or any territory or insular possession deleted text beginsubject to
deleted text endnew text begin undernew text end the jurisdiction of the United States. "State" includesdeleted text begin:
deleted text end

deleted text begin (1)deleted text end an Indian new text beginnation or new text endtribedeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (2) a foreign jurisdiction that has enacted a law or established procedures for
issuance and enforcement of support orders that are substantially similar to the procedures
under this chapter or the procedures under the Uniform Reciprocal Enforcement of
Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.
deleted text end

deleted text begin (t)deleted text endnew text begin (aa)new text end "Support enforcement agency" means a public officialnew text begin, governmental entity,
new text end or new text beginprivate new text endagency authorized to:

(1) seek enforcement of support orders or laws relating to the duty of support;

(2) seek establishment or modification of child support;

(3) deleted text beginseekdeleted text endnew text begin requestnew text end determination of parentagenew text begin of a childnew text end; deleted text beginor
deleted text end

(4) new text beginattempt to new text endlocate obligors or their assetsnew text begin; or
new text end

new text begin (5) request determination of the controlling child support ordernew text end.

deleted text begin (u)deleted text endnew text begin (bb)new text end "Support order" means a judgment, decree, deleted text beginordeleted text end order, new text begindecision, or directive
new text endwhether temporary, final, or subject to modification, new text beginissued in a state or foreign country new text endfor
the benefit of a child, spouse, or former spouse, which provides for monetary support,
health care, arrearages, new text beginretroactive support, new text endor reimbursementdeleted text begin, anddeleted text endnew text begin for financial assistance
provided to an individual obligee in place of child support. The term
new text end may include related
costs and fees, interest, income withholding, new text beginautomatic adjustment, reasonable new text endattorney's
fees, and other relief.

deleted text begin (v)deleted text endnew text begin (cc)new text end "Tribunal" means a court, administrative agency, or quasi-judicial entity
authorized to establish, enforce, or modify support orders or to determine parentagenew text begin of a
child
new text end.

Sec. 2.

Minnesota Statutes 2012, section 518C.102, is amended to read:


518C.102 new text beginSTATE new text endTRIBUNAL deleted text beginOF THIS STATEdeleted text endnew text begin AND SUPPORT
ENFORCEMENT AGENCY
new text end.

new text begin (a) new text endA court, administrative agency, or quasi-judicial entity authorized to establish,
enforce, or modify support orders or to determine parentage new text beginof a child new text endare tribunals of
this state.

new text begin (b) The Department of Human Services and county enforcement agencies are the
support enforcement agencies of this state.
new text end

Sec. 3.

Minnesota Statutes 2012, section 518C.103, is amended to read:


518C.103 REMEDIES CUMULATIVE.

new text begin (a) new text endRemedies provided by this chapter are cumulative and do not affect the
availability of remedies under other lawnew text begin or the recognition of a foreign support order on
the basis of comity
new text end.

new text begin (b) This chapter does not:
new text end

new text begin (1) provide the exclusive method of establishing or enforcing a support order under
the law of this state; or
new text end

new text begin (2) grant a tribunal of this state jurisdiction to render judgment or issue an order
relating to child custody or parenting time in a proceeding under this chapter.
new text end

Sec. 4.

new text begin [518C.105] APPLICATION OF CHAPTER TO RESIDENT OF
FOREIGN COUNTRY AND FOREIGN SUPPORT PROCEEDING.
new text end

new text begin (a) A tribunal of this state shall apply sections 518C.101 to 518C.616 and, as
applicable, sections 518C.701 to 518C.713, to a support proceeding involving:
new text end

new text begin (1) a foreign support order;
new text end

new text begin (2) a foreign tribunal; or
new text end

new text begin (3) an obligee, obligor, or child residing in a foreign country.
new text end

new text begin (b) A tribunal of this state that is requested to recognize and enforce a support order
on the basis of comity may apply the procedural and substantive provisions of sections
518C.101 to 518C.616.
new text end

new text begin (c) Sections 518C.701 to 518C.713 apply only to a support proceeding under the
convention. In such a proceeding, if a provision of sections 518C.701 to 518C.713 is
inconsistent with sections 518C.101 to 518C.616, sections 518C.701 to 518C.713 control.
new text end

Sec. 5.

Minnesota Statutes 2012, section 518C.201, is amended to read:


518C.201 BASES FOR JURISDICTION OVER NONRESIDENT.

new text begin (a) new text endIn a proceeding to establish, enforce, or modify a support order or to determine
parentagenew text begin of a childnew text end, a tribunal of this state may exercise personal jurisdiction over a
nonresident individual or the individual's guardian or conservator if:

(1) the individual is personally served with a summons or comparable document
within this state;

(2) the individual submits to the jurisdiction of this state by consent, by entering a
general appearance, or by filing a responsive document having the effect of waiving any
contest to personal jurisdiction;

(3) the individual resided with the child in this state;

(4) the individual resided in this state and provided prenatal expenses or support
for the child;

(5) the child resides in this state as a result of the acts or directives of the individual;

(6) the individual engaged in sexual intercourse in this state and the child may have
been conceived by that act of intercourse;

(7) the individual asserted parentage new text beginof a child new text endunder sections 257.51 to 257.75; or

(8) there is any other basis consistent with the constitutions of this state and the
United States for the exercise of personal jurisdiction.

new text begin (b) The bases of personal jurisdiction in paragraph (a) or in any other law of this state
may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child
support order of another state unless the requirements of section 518C.611 are met, or, in
the case of a foreign support order, unless the requirements of section 518C.615 are met.
new text end

Sec. 6.

Minnesota Statutes 2012, section 518C.202, is amended to read:


518C.202 deleted text beginPROCEDURE WHEN EXERCISINGdeleted text end new text beginDURATION OF PERSONAL
new text endJURISDICTION deleted text beginOVER NONRESIDENTdeleted text end.

deleted text begin A tribunal of this state exercising personal jurisdiction over a nonresident under
section 518C.201 may apply section 518C.316 to receive evidence from another state,
and section 518C.318 to obtain discovery through a tribunal of another state. In all other
respects, sections 518C.301 to 518C.701 do not apply and the tribunal shall apply the
procedural and substantive law of this state, including the rules on choice of law other
than those established by this chapter.
deleted text end new text beginPersonal jurisdiction acquired by a tribunal of this
state in a proceeding under this chapter or other law of this state relating to a support
order continues as long as a tribunal of this state has continuing, exclusive jurisdiction
to modify its order or continuing jurisdiction to enforce its order as provided by sections
518C.205, 518C.206, and 518C.211.
new text end

Sec. 7.

Minnesota Statutes 2012, section 518C.203, is amended to read:


518C.203 INITIATING AND RESPONDING TRIBUNAL OF THIS STATE.

Under this chapter, a tribunal of this state may serve as an initiating tribunal to
forward proceedings to new text begina tribunal of new text endanother state and as a responding tribunal for
proceedings initiated in another statenew text begin or a foreign countrynew text end.

Sec. 8.

Minnesota Statutes 2012, section 518C.204, is amended to read:


518C.204 SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE.

(a) A tribunal of this state may exercise jurisdiction to establish a support order if the
petition or comparable pleading is filed after a petition or comparable pleading is filed in
another statenew text begin or a foreign countrynew text end only if:

(1) the petition or comparable pleading in this state is filed before the expiration of
the time allowed in the other statenew text begin or the foreign countrynew text end for filing a responsive pleading
challenging the exercise of jurisdiction by the other statenew text begin or the foreign countrynew text end;

(2) the contesting party timely challenges the exercise of jurisdiction in the other
statenew text begin or the foreign countrynew text end; and

(3) if relevant, this state is the home state of the child.

(b) A tribunal of this state may not exercise jurisdiction to establish a support order
if the petition or comparable pleading is filed before a petition or comparable pleading is
filed in another statenew text begin or a foreign countrynew text end if:

(1) the petition or comparable pleading in the other state new text beginor foreign country new text endis filed
before the expiration of the time allowed in this state for filing a responsive pleading
challenging the exercise of jurisdiction by this state;

(2) the contesting party timely challenges the exercise of jurisdiction in this state; and

(3) if relevant, the other state new text beginor foreign country new text endis the home state of the child.

Sec. 9.

Minnesota Statutes 2012, section 518C.205, is amended to read:


518C.205 CONTINUING, EXCLUSIVE JURISDICTIONnew text begin TO MODIFY
CHILD SUPPORT ORDER
new text end.

(a) A tribunal of this state deleted text beginissuingdeleted text endnew text begin that has issuednew text end a support order consistent with the
law of this state has new text beginand shall exercise new text endcontinuing, exclusive jurisdiction deleted text beginover adeleted text endnew text begin to modify
its
new text end child support order deleted text beginunlessdeleted text endnew text begin if the order is the controlling order andnew text end:

(1) new text beginat the time of the filing of a request for modification new text endthis state is deleted text beginno longerdeleted text end the
residence of the obligor, the individual obligee, deleted text beginanddeleted text endnew text begin ornew text end the child for whose benefit the
support order is issued; or

(2) deleted text beginall of the parties who are individuals have filed written consents with the tribunal
of this state for a tribunal of another state to modify the order and assume continuing,
exclusive jurisdiction
deleted text endnew text begin even if this state is not the residence of the obligor, the individual
obligee, or the child for whose benefit the support order is issued, the parties consent in a
record or in open court that the tribunal of this state may continue to exercise jurisdiction
to modify its order
new text end.

(b) A tribunal of this state deleted text beginissuingdeleted text endnew text begin that has issuednew text end a child support order consistent
with the law of this state may not exercise deleted text beginitsdeleted text end continuingnew text begin, exclusivenew text end jurisdiction to modify
the order if deleted text beginthe order has been modified by a tribunal of another state pursuant to this
chapter or a law substantially similar to this chapter.
deleted text endnew text begin:
new text end

new text begin (1) all of the parties who are individuals file consent in a record with the tribunal of
this state that a tribunal of another state that has jurisdiction over at least one of the parties
who is an individual or that is located in the state of residence of the child may modify
the order and assume continuing, exclusive jurisdiction; or
new text end

new text begin (2) its order is not the controlling order.
new text end

(c) If a deleted text beginchild support orderdeleted text endnew text begin tribunalnew text end of deleted text beginthisdeleted text endnew text begin anothernew text end state deleted text beginis modified by a tribunal
of another state pursuant to this chapter or a law substantially similar to this chapter, a
tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective
enforcement of the order issued in this state, and may only:
deleted text endnew text begin has issued a child support
order pursuant to this chapter or a law substantially similar to this chapter which modifies
a child support order of a tribunal of this state, tribunals of this state shall recognize the
continuing, exclusive jurisdiction of the tribunal of the other state.
new text end

deleted text begin (1) enforce the order that was modified as to amounts accruing before the
modification;
deleted text end

deleted text begin (2) enforce nonmodifiable aspects of that order; and
deleted text end

deleted text begin (3) provide other appropriate relief for violations of that order which occurred before
the effective date of the modification.
deleted text end

(d) A tribunal of this state deleted text beginshall recognize thedeleted text endnew text begin that lacksnew text end continuing, exclusive
jurisdiction deleted text beginof a tribunal of another state which has issued a child support order pursuant
to this chapter or a law substantially similar to this chapter
deleted text endnew text begin to modify a child support
order may serve as an initiating tribunal to request a tribunal of another state to modify a
support order issued in that state
new text end.

(e) A temporary support order issued ex parte or pending resolution of a jurisdictional
conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

deleted text begin (f) A tribunal of this state issuing a support order consistent with the law of this
state has continuing, exclusive jurisdiction over a spousal support order throughout the
existence of the support obligation. A tribunal of this state may not modify a spousal
support order issued by a tribunal of another state having continuing, exclusive jurisdiction
over that order under the law of that state.
deleted text end

Sec. 10.

Minnesota Statutes 2012, section 518C.206, is amended to read:


518C.206 ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
BY TRIBUNAL HAVING CONTINUING JURISDICTION.

(a) A tribunal of this state new text beginthat has issued a child support order consistent with the
law of this state
new text endmay serve as an initiating tribunal to request a tribunal of another state
to enforce deleted text beginor modify a support order issued in that state.deleted text endnew text begin:
new text end

new text begin (1) the order if the order is the controlling order and has not been modified by
a tribunal of another state that assumed jurisdiction pursuant to this chapter or a law
substantially similar to this chapter; or
new text end

new text begin (2) a money judgment for arrears of support and interest on the order accrued before
a determination that an order of a tribunal of another state is the controlling order.
new text end

(b) A tribunal of this state having continuing, exclusive jurisdiction over a support
order may act as a responding tribunal to enforce deleted text beginor modifydeleted text end the order. deleted text beginIf a party subject to
the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in
subsequent proceedings the tribunal may apply section 518C.316 to receive evidence from
another state and section 518C.318 to obtain discovery through a tribunal of another state.
deleted text end

deleted text begin (c) A tribunal of this state which lacks continuing, exclusive jurisdiction over a
spousal support order may not serve as a responding tribunal to modify a spousal support
order of another state.
deleted text end

Sec. 11.

Minnesota Statutes 2012, section 518C.207, is amended to read:


518C.207 RECOGNITION OF CONTROLLING CHILD SUPPORT ORDER.

(a) If a proceeding is brought under this chapter and only one tribunal has issued a
child support order, the order of that tribunal is controlling and must be recognized.

(b) If a proceeding is brought under this chapter, and two or more child support
orders have been issued by tribunals of this state deleted text beginordeleted text endnew text begin,new text end another statenew text begin, or a foreign country
new text end with regard to the same obligor and child, a tribunal of this state new text beginhaving personal
jurisdiction over both the obligor and the individual obligee
new text endshall apply the following rules
deleted text beginin determiningdeleted text end new text beginand by order shall determine new text endwhich order deleted text beginto recognize for purposes of
continuing, exclusive jurisdiction
deleted text endnew text begin controls and must be recognizednew text end:

(1) If only one of the tribunals would have continuing, exclusive jurisdiction under
this chapter, the order of that tribunal is controlling deleted text beginand must be recognizeddeleted text end.

(2) If more than one of the tribunals would have continuing, exclusive jurisdiction
under this chapterdeleted text begin,deleted text endnew text begin:
new text end

new text begin (i)new text end an order issued by a tribunal in the current home state of the child deleted text beginmust be
recognized, but
deleted text endnew text begin controls; or
new text end

new text begin (ii)new text end if an order has not been issued in the current home state of the child, the order
most recently issued deleted text beginis controlling and must be recognizeddeleted text endnew text begin controlsnew text end.

(3) If none of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the tribunal of this state deleted text beginhaving jurisdiction over the partiesdeleted text end shall issue a child
support order, which deleted text beginis controlling and must be recognizeddeleted text endnew text begin controlsnew text end.

(c) If two or more child support orders have been issued for the same obligor and child
deleted text beginand if the obligor or the individual obligee resides in this state, a party maydeleted text endnew text begin, uponnew text end request new text beginof
a party who is an individual or that is a support enforcement agency,
new text enda tribunal of this state
deleted text begintodeleted text end new text beginhaving personal jurisdiction over both the obligor and the obligee who is an individual
shall
new text enddetermine which order controls deleted text beginand must be recognizeddeleted text end under paragraph (b). The
new text beginrequest may be filed with a registration for enforcement or registration for modification
pursuant to sections 518C.601 to 518C.616, or may be filed as a separate proceeding.
new text end

new text begin (d) A new text endrequest new text beginto determine which is the controlling order new text endmust be accompanied by a
deleted text begincertifieddeleted text end copy of every new text beginchild new text endsupport order in effectnew text begin and the applicable record of paymentsnew text end.
The requesting party shall give notice of the request to each party whose rights may
be affected by the determination.

deleted text begin (d)deleted text endnew text begin (e)new text end The tribunal that issued the new text begincontrolling new text endorder deleted text beginthat must be recognized as
controlling
deleted text end under paragraph new text begin(a), new text end(b)new text begin,new text end or (c) deleted text beginis the tribunal thatdeleted text end has continuingdeleted text begin, exclusive
deleted text end jurisdiction deleted text beginin accordance withdeleted text endnew text begin to the extent provided innew text end section 518C.205new text begin, or 518C.206new text end.

deleted text begin (e)deleted text endnew text begin (f)new text end A tribunal of this state which determines by order deleted text beginthe identity ofdeleted text endnew text begin which is
new text end the controlling deleted text beginchild supportdeleted text end order under paragraph (b), clause (1) or (2), new text beginor paragraph
(c),
new text endor which issues a new controlling child support order under paragraph (b), clause (3),
shall deleted text beginincludedeleted text endnew text begin statenew text end in that ordernew text begin:
new text end

new text begin (1)new text end the basis upon which the tribunal made its determinationdeleted text begin.deleted text endnew text begin;
new text end

new text begin (2) the amount of prospective support, if any; and
new text end

new text begin (3) the total amount of consolidated arrears and accrued interest, if any, under all of
the orders after all payments made are credited as provided by section 518C.209.
new text end

deleted text begin (f)deleted text endnew text begin (g)new text end Within 30 days after issuance of the order determining deleted text beginthe identity ofdeleted text endnew text begin which is
new text end the controlling order, the party obtaining that order shall file a certified copy of it with each
tribunal that deleted text beginhaddeleted text end issued or registered an earlier order of child support. A party deleted text beginwho obtains
deleted text endnew text begin or support enforcement agency obtainingnew text end the order deleted text beginanddeleted text endnew text begin thatnew text end fails to file a certified copy is
subject to appropriate sanctions by a tribunal in which the issue of failure to file arises.
The failure to file does not affect the validity or enforceability of the controlling order.

new text begin (h) An order that has been determined to be the controlling order, or a judgment for
consolidated arrears of support and interest, if any, made pursuant to this section must be
recognized in proceedings under this chapter.
new text end

Sec. 12.

Minnesota Statutes 2012, section 518C.208, is amended to read:


518C.208 deleted text beginMULTIPLEdeleted text end CHILD SUPPORT ORDERS FOR TWO OR MORE
OBLIGEES.

In responding to deleted text beginmultipledeleted text end registrations or petitions for enforcement of two or more
child support orders in effect at the same time with regard to the same obligor and different
individual obligees, at least one of which was issued by a tribunal of another statenew text begin or a
foreign country
new text end, a tribunal of this state shall enforce those orders in the same manner as if
the deleted text beginmultipledeleted text end orders had been issued by a tribunal of this state.

Sec. 13.

Minnesota Statutes 2012, section 518C.209, is amended to read:


518C.209 CREDIT FOR PAYMENTS.

new text begin A tribunal of this state shall credit new text endamounts collected deleted text beginand crediteddeleted text end for a particular
period pursuant to deleted text beginadeleted text endnew text begin any childnew text end support order deleted text beginissued by a tribunal of another state must be
credited
deleted text end against the amounts deleted text beginaccruing or accrueddeleted text endnew text begin owednew text end for the same period under deleted text beginadeleted text endnew text begin any
other child
new text end support order new text beginfor the support of the same child new text endissued by the tribunal of this
statenew text begin, another state, or a foreign countrynew text end.

Sec. 14.

new text begin [518C.210] APPLICATION TO NONRESIDENT SUBJECT TO
PERSONAL JURISDICTION.
new text end

new text begin A tribunal of this state exercising personal jurisdiction over a nonresident in a
proceeding under this chapter, under other law of this state relating to a support order, or
recognizing a foreign support order may receive evidence from outside this state pursuant
to section 518C.316, communicate with a tribunal outside this state pursuant to section
518C.317, and obtain discovery through a tribunal outside this state pursuant to section
518C.318. In all other respects, sections 518C.301 to 518C.616 do not apply, and the
tribunal shall apply the procedural and substantive law of this state.
new text end

Sec. 15.

new text begin [518C.211] CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY
SPOUSAL SUPPORT ORDER.
new text end

new text begin (a) A tribunal of this state issuing a spousal support order consistent with the law
of this state has continuing, exclusive jurisdiction to modify the spousal support order
throughout the existence of the support obligation.
new text end

new text begin (b) A tribunal of this state may not modify a spousal support order issued by a
tribunal of another state or a foreign country having continuing, exclusive jurisdiction over
that order under the law of that state or foreign country.
new text end

new text begin (c) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal
support order may serve as:
new text end

new text begin (1) an initiating tribunal to request a tribunal of another state to enforce the spousal
support order issued in this state; or
new text end

new text begin (2) a responding tribunal to enforce or modify its own spousal support order.
new text end

Sec. 16.

Minnesota Statutes 2012, section 518C.301, is amended to read:


518C.301 PROCEEDINGS UNDER THIS CHAPTER.

(a) Except as otherwise provided in this chapter, sections 518C.301 to 518C.319
apply to all proceedings under this chapter.

(b) This chapter provides for the following proceedings:

(1) establishment of an order for spousal support or child support pursuant to
section 518C.401;

(2) enforcement of a support order and income-withholding order of another state new text beginor
a foreign country
new text endwithout registration pursuant to sections 518C.501 and 518C.502;

(3) registration of an order for spousal support or child support of another state new text begin or a
foreign country
new text endfor enforcement pursuant to sections 518C.601 to 518C.612;

(4) modification of an order for child support or spousal support issued by a tribunal
of this state pursuant to sections 518C.203 to 518C.206;

(5) registration of an order for child support of another state new text beginor a foreign country new text endfor
modification pursuant to sections 518C.601 to 518C.612;

(6) determination of parentage new text beginof a child new text endpursuant to section 518C.701; and

(7) assertion of jurisdiction over nonresidents pursuant to sections 518C.201 and
518C.202.

(c) An individual petitioner or a support enforcement agency may commence a
proceeding authorized under this chapter by filing a petition in an initiating tribunal for
forwarding to a responding tribunal or by filing a petition or a comparable pleading
directly in a tribunal of another state new text beginor a foreign country new text endwhich has or can obtain personal
jurisdiction over the respondent.

Sec. 17.

Minnesota Statutes 2012, section 518C.303, is amended to read:


518C.303 APPLICATION OF LAW OF THIS STATE.

Except as otherwise provided by this chapter, a responding tribunal of this statenew text begin shallnew text end:

(1) deleted text beginshalldeleted text end apply the procedural and substantive law, including the rules on choice of
law, generally applicable to similar proceedings originating in this state and may exercise
all powers and provide all remedies available in those proceedings; and

(2) deleted text beginshalldeleted text end determine the duty of support and the amount payable in accordance with
the law and support guidelines of this state.

Sec. 18.

Minnesota Statutes 2012, section 518C.304, is amended to read:


518C.304 DUTIES OF INITIATING TRIBUNAL.

(a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of
this state shall forward deleted text beginthree copies ofdeleted text end the petition and its accompanying documents:

(1) to the responding tribunal or appropriate support enforcement agency in the
responding state; or

(2) if the identity of the responding tribunal is unknown, to the state information
agency of the responding state with a request that they be forwarded to the appropriate
tribunal and that receipt be acknowledged.

(b) If deleted text begina responding state has not enacted this chapter or a law or procedure
substantially similar to this chapter
deleted text endnew text begin requested by the responding tribunalnew text end, a tribunal of this
state deleted text beginmaydeleted text endnew text begin shallnew text end issue a certificate or other documents and make findings required by the
law of the responding state. If the responding deleted text beginstatedeleted text endnew text begin tribunalnew text end is new text beginin new text enda foreign deleted text beginjurisdiction
deleted text endnew text begin countrynew text end, the tribunal deleted text beginmaydeleted text endnew text begin of this state shallnew text end specify the amount of support soughtnew text begin, convert
that amount into the equivalent amount in the foreign currency under applicable official
or market exchange rate as publicly reported,
new text end and provide other documents necessary to
satisfy the requirements of the responding deleted text beginstatedeleted text endnew text begin foreign tribunalnew text end.

Sec. 19.

Minnesota Statutes 2012, section 518C.305, is amended to read:


518C.305 DUTIES AND POWERS OF RESPONDING TRIBUNAL.

(a) When a responding tribunal of this state receives a petition or comparable
pleading from an initiating tribunal or directly pursuant to section 518C.301, paragraph
(c)
, it shall cause the petition or pleading to be filed and notify the petitioner where and
when it was filed.

(b) A responding tribunal of this state, to the extent otherwise authorized by law,
may do one or more of the following:

(1) deleted text beginissuedeleted text endnew text begin establishnew text end or enforce a support order, modify a child support order, new text begindetermine
the controlling child support order,
new text endor deleted text beginrender a judgmentdeleted text end to determine parentagenew text begin of a childnew text end;

(2) order an obligor to comply with a support order, specifying the amount and
the manner of compliance;

(3) order income withholding;

(4) determine the amount of any arrearages, and specify a method of payment;

(5) enforce orders by civil or criminal contempt, or both;

(6) set aside property for satisfaction of the support order;

(7) place liens and order execution on the obligor's property;

(8) order an obligor to keep the tribunal informed of the obligor's current residential
address, new text beginelectronic mail address, new text endtelephone number, employer, address of employment,
and telephone number at the place of employment;

(9) issue a bench warrant for an obligor who has failed after proper notice to appear
at a hearing ordered by the tribunal and enter the bench warrant in any local and state
computer systems for criminal warrants;

(10) order the obligor to seek appropriate employment by specified methods;

(11) award reasonable attorney's fees and other fees and costs; and

(12) grant any other available remedy.

(c) A responding tribunal of this state shall include in a support order issued under
this chapter, or in the documents accompanying the order, the calculations on which
the support order is based.

(d) A responding tribunal of this state may not condition the payment of a support
order issued under this chapter upon compliance by a party with provisions for visitation.

(e) If a responding tribunal of this state issues an order under this chapter, the
tribunal shall send a copy of the order to the petitioner and the respondent and to the
initiating tribunal, if any.

new text begin (f) If requested to enforce a support order, arrears, or judgment or modify a support
order stated in a foreign currency, a responding tribunal of this state shall convert the
amount stated in the foreign currency to the equivalent amount in dollars under the
applicable official or market exchange rate as publicly reported.
new text end

Sec. 20.

Minnesota Statutes 2012, section 518C.306, is amended to read:


518C.306 INAPPROPRIATE TRIBUNAL.

If a petition or comparable pleading is received by an inappropriate tribunal of
this state, deleted text beginitdeleted text endnew text begin the tribunalnew text end shall forward the pleading and accompanying documents to
an appropriate tribunal in this state or another state and notify the petitioner where and
when the pleading was sent.

Sec. 21.

Minnesota Statutes 2012, section 518C.307, is amended to read:


518C.307 DUTIES OF SUPPORT ENFORCEMENT AGENCY.

(a) A support enforcement agency of this state, upon request, shall provide services
to a petitioner in a proceeding under this chapter.

(b) A support enforcement agency that is providing services to the petitioner deleted text beginas
appropriate
deleted text end shall:

(1) take all steps necessary to enable an appropriate tribunal deleted text beginindeleted text endnew text begin ofnew text end this state deleted text beginordeleted text endnew text begin,
new text end another statenew text begin, or a foreign countrynew text end to obtain jurisdiction over the respondent;

(2) request an appropriate tribunal to set a date, time, and place for a hearing;

(3) make a reasonable effort to obtain all relevant information, including information
as to income and property of the parties;

(4) within two days, exclusive of Saturdays, Sundays, and legal holidays, after
receipt of deleted text begina writtendeleted text end notice new text beginin a record new text endfrom an initiating, responding, or registering tribunal,
send a copy of the notice to the petitioner;

(5) within two days, exclusive of Saturdays, Sundays, and legal holidays, after
receipt of deleted text begina writtendeleted text end communication new text beginin a record new text endfrom the respondent or the respondent's
attorney, send a copy of the communication to the petitioner; and

(6) notify the petitioner if jurisdiction over the respondent cannot be obtained.

new text begin (c) A support enforcement agency of this state that requests registration of a child
support order in this state for enforcement or for modification shall make reasonable efforts:
new text end

new text begin (1) to ensure that the order to be registered is the controlling order; or
new text end

new text begin (2) if two or more child support orders exist and the identity of the controlling
order has not been determined, to ensure that a request for such a determination is made
in a tribunal having jurisdiction to do so.
new text end

new text begin (d) A support enforcement agency of this state that requests registration and
enforcement of a support order, arrears, or judgment stated in a foreign currency shall
convert the amounts stated in the foreign currency into the equivalent amounts in dollars
under the applicable official or market exchange rate as publicly reported.
new text end

new text begin (e) A support enforcement agency of this state shall request a tribunal of this state
to issue a child support order and an income-withholding order that redirect payment of
current support, arrears, and interest if requested to do so by a support enforcement agency
of another state pursuant to section 518C.319.
new text end

deleted text begin (c)deleted text endnew text begin (f)new text end This chapter does not create or negate a relationship of attorney and client or
other fiduciary relationship between a support enforcement agency or the attorney for the
agency and the individual being assisted by the agency.

Sec. 22.

Minnesota Statutes 2012, section 518C.308, is amended to read:


518C.308 DUTY OF ATTORNEY GENERAL.

new text begin (a) new text endIf the attorney general determines that the support enforcement agency is
neglecting or refusing to provide services to an individual, the attorney general may
order the agency to perform its duties under this chapter or may provide those services
directly to the individual.

new text begin (b) The attorney general may determine that a foreign country has established a
reciprocal arrangement for child support with this state and take appropriate action for
notification of that determination.
new text end

Sec. 23.

Minnesota Statutes 2012, section 518C.310, is amended to read:


518C.310 DUTIES OF STATE INFORMATION AGENCY.

(a) The unit within the Department of Human Services that receives and disseminates
incoming interstate actions under title IV-D of the Social Security Act is the State
Information Agency under this chapter.

(b) The State Information Agency shall:

(1) compile and maintain a current list, including addresses, of the tribunals in this
state which have jurisdiction under this chapter and any support enforcement agencies in
this state and transmit a copy to the state information agency of every other state;

(2) maintain a register of tribunals and support enforcement agencies received from
other states;

(3) forward to the appropriate tribunal in the place in this state in which the individual
obligee or the obligor resides, or in which the obligor's property is believed to be located, all
documents concerning a proceeding under this chapter received from deleted text beginan initiating tribunal
or the state information agency of the initiating
deleted text endnew text begin anothernew text end statenew text begin or a foreign countrynew text end; and

(4) obtain information concerning the location of the obligor and the obligor's
property within this state not exempt from execution, by such means as postal verification
and federal or state locator services, examination of telephone directories, requests for the
obligor's address from employers, and examination of governmental records, including, to
the extent not prohibited by other law, those relating to real property, vital statistics, law
enforcement, taxation, motor vehicles, driver's licenses, and Social Security.

Sec. 24.

Minnesota Statutes 2012, section 518C.311, is amended to read:


518C.311 PLEADINGS AND ACCOMPANYING DOCUMENTS.

(a) A petitioner seeking to establish or modify a support order deleted text beginor todeleted text endnew text begin,new text end determine
parentage new text beginof a child, or register and modify a support order of a tribunal of another state or
a foreign country,
new text endin a proceeding under this chapter must deleted text beginverify thedeleted text endnew text begin file anew text end petition. Unless
otherwise ordered under section 518C.312, the petition or accompanying documents must
provide, so far as known, the name, residential address, and Social Security numbers
of the obligor and the obligee, and the name, sex, residential address, Social Security
number, and date of birth of each child for whom support is soughtnew text begin or whose parenthood is
to be determined
new text end. The petition must be accompanied by a certified copy of any support
order in effect. The petition may include any other information that may assist in locating
or identifying the respondent.

(b) The petition must specify the relief sought. The petition and accompanying
documents must conform substantially with the requirements imposed by the forms
mandated by federal law for use in cases filed by a support enforcement agency.

Sec. 25.

Minnesota Statutes 2012, section 518C.312, is amended to read:


518C.312 NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL
CIRCUMSTANCES.

deleted text begin Upon a finding, which may be made ex parte, that the health, safety, or liberty
of a party or child would be unreasonably put at risk by the disclosure of identifying
information, or if an existing order so provides, a tribunal shall order that the address of
the child or party or other identifying information not be disclosed in a pleading or other
document filed in a proceeding under this chapter.
deleted text end new text begin If a party alleges in an affidavit or a
pleading under oath that the health, safety, or liberty of a party or child would be jeopardized
by disclosure of specific identifying information, that information must be sealed and may
not be disclosed to the other party or the public. After a hearing in which a tribunal takes
into consideration the health, safety, or liberty of the party or child, the tribunal may order
disclosure of information that the tribunal determines to be in the interest of justice.
new text end

Sec. 26.

Minnesota Statutes 2012, section 518C.313, is amended to read:


518C.313 COSTS AND FEES.

(a) The petitioner may not be required to pay a filing fee or other costs.

(b) If an obligee prevails, a responding tribunal new text beginof this state new text endmay assess against an
obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other
reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may
not assess fees, costs, or expenses against the obligee or the support enforcement agency
of either the initiating or the responding statenew text begin or foreign countrynew text end, except as provided by
other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the
attorney, who may enforce the order in the attorney's own name. Payment of support owed
to the obligee has priority over fees, costs, and expenses.

(c) The tribunal shall order the payment of costs and reasonable attorney's fees if
it determines that a hearing was requested primarily for delay. In a proceeding under
sections 518C.601 to deleted text begin518C.612deleted text endnew text begin 518C.616new text end, a hearing is presumed to have been requested
primarily for delay if a registered support order is confirmed or enforced without change.

Sec. 27.

Minnesota Statutes 2012, section 518C.314, is amended to read:


518C.314 LIMITED IMMUNITY OF PETITIONER.

(a) Participation by a petitioner in a proceeding new text beginunder this chapter new text endbefore a
responding tribunal, whether in person, by private attorney, or through services provided
by the support enforcement agency, does not confer personal jurisdiction over the
petitioner in another proceeding.

(b) A petitioner is not amenable to service of civil process while physically present
in this state to participate in a proceeding under this chapter.

(c) The immunity granted by this section does not extend to civil litigation based on
acts unrelated to a proceeding under this chapter committed by a party while present in
this state to participate in the proceeding.

Sec. 28.

Minnesota Statutes 2012, section 518C.316, is amended to read:


518C.316 SPECIAL RULES OF EVIDENCE AND PROCEDURE.

(a) The physical presence of the petitioner in a responding tribunal of this state is
not required for the establishment, enforcement, or modification of a support order or the
rendition of a judgment determining parentagenew text begin of a childnew text end.

(b) A verified petition, affidavit, document substantially complying with federally
mandated forms, and a document incorporated by reference in any of them, not excluded
under the hearsay rule if given in person, is admissible in evidence if given under oath by
a party or witness residing deleted text beginin anotherdeleted text endnew text begin outside thisnew text end state.

(c) A copy of the record of child support payments certified as a true copy of the
original by the custodian of the record may be forwarded to a responding tribunal. The copy
is evidence of facts asserted in it, and is admissible to show whether payments were made.

(d) Copies of bills for testing for parentagenew text begin of a childnew text end, and for prenatal and postnatal
health care of the mother and child, furnished to the adverse party at least ten days before
trial, are admissible in evidence to prove the amount of the charges billed and that the
charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from deleted text beginanotherdeleted text endnew text begin outside thisnew text end state to a tribunal
of this state by telephone, telecopier, or other new text beginelectronic new text endmeans that do not provide an
original deleted text beginwritingdeleted text endnew text begin recordnew text end may not be excluded from evidence on an objection based on
the means of transmission.

(f) In a proceeding under this chapter, a tribunal of this state deleted text beginmaydeleted text endnew text begin shallnew text end permit a party
or witness residing deleted text beginin anotherdeleted text endnew text begin outside thisnew text end state to be deposed or to testify new text beginunder penalty of
perjury
new text endby telephone, audiovisual means, or other electronic means at a designated tribunal
or other location deleted text beginin that statedeleted text end. A tribunal of this state shall cooperate with new text beginother new text endtribunals
deleted text beginof other statesdeleted text end in designating an appropriate location for the deposition or testimony.

(g) If a party called to testify at a civil hearing refuses to answer on the ground that
the testimony may be self-incriminating, the trier of fact may draw an adverse inference
from the refusal.

(h) A privilege against disclosure of communications between spouses does not
apply in a proceeding under this chapter.

(i) The defense of immunity based on the relationship of husband and wife or parent
and child does not apply in a proceeding under this chapter.

new text begin (j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible
to establish parentage of a child.
new text end

Sec. 29.

Minnesota Statutes 2012, section 518C.317, is amended to read:


518C.317 COMMUNICATIONS BETWEEN TRIBUNALS.

A tribunal of this state may communicate with a tribunal deleted text beginof anotherdeleted text endnew text begin outside thisnew text end state
in writing, new text beginby e-mail, new text endor by telephone or other means, to obtain information concerning
the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and
the status of a proceeding deleted text beginin the other statedeleted text end. A tribunal of this state may furnish similar
information by similar means to a tribunal deleted text beginof anotherdeleted text endnew text begin outside thisnew text end state.

Sec. 30.

Minnesota Statutes 2012, section 518C.318, is amended to read:


518C.318 ASSISTANCE WITH DISCOVERY.

A tribunal of this state may:

(1) request a tribunal deleted text beginof anotherdeleted text endnew text begin outside thisnew text end state to assist in obtaining discovery; and

(2) upon request, compel a person over deleted text beginwhomdeleted text endnew text begin whichnew text end it has jurisdiction to respond to
a discovery order issued by a tribunal deleted text beginof anotherdeleted text endnew text begin outside thisnew text end state.

Sec. 31.

Minnesota Statutes 2012, section 518C.319, is amended to read:


518C.319 RECEIPT AND DISBURSEMENT OF PAYMENTS.

new text begin (a) new text endA support enforcement agency or tribunal of this state shall disburse promptly
any amounts received pursuant to a support order, as directed by the order. The agency
or tribunal shall furnish to a requesting party or tribunal of another state new text beginor a foreign
country
new text enda certified statement by the custodian of the record of the amounts and dates
of all payments received.

new text begin (b) If neither the obligor, not the obligee who is an individual, nor the child resides
in this state, upon request from the support enforcement agency of this state or another
state, the support enforcement agency of this state or a tribunal of this state shall:
new text end

new text begin (1) direct that the support payment be made to the support enforcement agency in
the state in which the obligee is receiving services; and
new text end

new text begin (2) issue and send to the obligor's employer a conforming income-withholding order
or an administrative notice of change of payee, reflecting the redirected payments.
new text end

new text begin (c) The support enforcement agency of this state receiving redirected payments from
another state pursuant to a law similar to paragraph (b) shall furnish to a requesting party
or tribunal of the other state a certified statement by the custodian of the record of the
amount and dates of all payments received.
new text end

Sec. 32.

Minnesota Statutes 2012, section 518C.401, is amended to read:


518C.401 deleted text beginPETITION TO ESTABLISHdeleted text endnew text begin ESTABLISHMENT OFnew text end SUPPORT
ORDER.

(a) If a support order entitled to recognition under this chapter has not been issued,
a responding tribunal of this state new text beginwith personal jurisdiction over the parties new text endmay issue
a support order if:

(1) the individual seeking the order resides deleted text beginin anotherdeleted text endnew text begin outside thisnew text end state; or

(2) the support enforcement agency seeking the order is located deleted text beginin anotherdeleted text endnew text begin outside
this
new text end state.

(b) The tribunal may issue a temporary child support order ifnew text begin the tribunal determines
that such an order is appropriate and the individual ordered to pay is
new text end:

deleted text begin (1) the respondent has signed a verified statement acknowledging parentage;
deleted text end

deleted text begin (2) the respondent has been determined by law to be the parent; or
deleted text end

deleted text begin (3) there is other clear and convincing evidence that the respondent is the child's
parent.
deleted text end

new text begin (1) a presumed father of the child;
new text end

new text begin (2) petitioning to have his paternity adjudicated;
new text end

new text begin (3) identified as the father of the child through genetic testing;
new text end

new text begin (4) an alleged father who has declined to submit to genetic testing;
new text end

new text begin (5) shown by clear and convincing evidence to be the father of the child;
new text end

new text begin (6) an acknowledged father as provided by section 257.55;
new text end

new text begin (7) the mother of the child; or
new text end

new text begin (8) an individual who has been ordered to pay child support in a previous proceeding
and the order has not been reversed or vacated.
new text end

(c) Upon a finding, after notice and opportunity to be heard, that an obligor owes a
duty of support, the tribunal shall issue a support order directed to the obligor and may
issue other orders according to section 518C.305.

Sec. 33.

new text begin [518C.402] PROCEEDING TO DETERMINE PARENTAGE.
new text end

new text begin A tribunal of this state authorized to determine parentage of a child may serve as a
responding tribunal in a proceeding to determine parentage of a child brought under this
chapter or a law or procedure substantially similar to this chapter.
new text end

Sec. 34.

Minnesota Statutes 2012, section 518C.501, is amended to read:


518C.501 EMPLOYER'S RECEIPT OF INCOME-WITHHOLDING ORDER
OF ANOTHER STATE.

An income-withholding order issued in another state may be sent new text beginby or on behalf
of the obligee, or by the support enforcement agency,
new text endto the person deleted text beginor entitydeleted text end defined as
the obligor's employer under section 518A.53 without first filing a petition or comparable
pleading or registering the order with a tribunal of this state.

Sec. 35.

Minnesota Statutes 2012, section 518C.503, is amended to read:


518C.503 new text beginEMPLOYER'S new text endCOMPLIANCE WITH deleted text beginMULTIPLEdeleted text endnew text begin TWO OR
MORE
new text end INCOME-WITHHOLDING ORDERS.

If the obligor's employer receives deleted text beginmultipledeleted text endnew text begin two or more income-withholdingnew text end orders
new text beginwith respect new text endto deleted text beginwithhold support fromdeleted text end the earnings of the same obligor, the employer
satisfies the terms of the deleted text beginmultipledeleted text end orders if the employer complies with the law of the state
of the obligor's principal place of employment to establish the priorities for withholding
and allocating income withheld for deleted text beginmultipledeleted text endnew text begin two or morenew text end child support obligees.

Sec. 36.

Minnesota Statutes 2012, section 518C.504, is amended to read:


518C.504 IMMUNITY FROM CIVIL LIABILITY.

An employer deleted text beginwhodeleted text endnew text begin thatnew text end complies with an income-withholding order issued in another
state in accordance with this chapter is not subject to civil liability to any individual or
agency with regard to the employer's withholding new text beginof new text endchild support from the obligor's
income.

Sec. 37.

Minnesota Statutes 2012, section 518C.505, is amended to read:


518C.505 PENALTIES FOR NONCOMPLIANCE.

An employer deleted text beginwhodeleted text endnew text begin thatnew text end willfully fails to comply with an income-withholding order
issued deleted text beginbydeleted text endnew text begin innew text end another state and received for enforcement is subject to the same penalties
that may be imposed for noncompliance with an order issued by a tribunal of this state.

Sec. 38.

Minnesota Statutes 2012, section 518C.506, is amended to read:


518C.506 CONTEST BY OBLIGOR.

(a) An obligor may contest the validity or enforcement of an income-withholding
order issued in another state and received directly by an employer in this state new text beginby registering
the order in a tribunal of this state and filing a contest to that order as provided in sections
518C.601 to 518C.616, or otherwise contesting the order
new text endin the same manner as if the
order had been issued by a tribunal of this state. deleted text beginSection 518C.604 applies to the contest.
deleted text end

(b) The obligor shall give notice of the contest to:

(1) a support enforcement agency providing services to the obligee;

(2) each employer deleted text beginwhichdeleted text endnew text begin thatnew text end has directly received an income-withholding order
new text begin relating to the obligornew text end; and

(3) the person or agency designated to receive payments in the income-withholding
order or, if no person or agency is designated, to the obligee.

Sec. 39.

Minnesota Statutes 2012, section 518C.508, is amended to read:


518C.508 ADMINISTRATIVE ENFORCEMENT OF ORDERS.

(a) A party new text beginor support enforcement agency new text endseeking to enforce a support order or an
income-withholding order, or both, issued deleted text beginby a tribunal ofdeleted text endnew text begin innew text end another state new text beginor a foreign
support order
new text endmay send the documents required for registering the order to a support
enforcement agency of this state.

(b) Upon receipt of the documents, the support enforcement agency, without
initially seeking to register the order, shall consider and deleted text beginmaydeleted text endnew text begin, if appropriate,new text end use any
administrative procedure authorized by the laws of this state to enforce a support order
or an income-withholding order, or both. If the obligor does not contest administrative
enforcement, the order need not be registered. If the obligor contests the validity or
administrative enforcement of the order, the support enforcement agency shall register the
order under this chapter.

Sec. 40.

Minnesota Statutes 2012, section 518C.601, is amended to read:


518C.601 REGISTRATION OF ORDER FOR ENFORCEMENT.

A support order or an income-withholding order issued deleted text beginby a tribunal ofdeleted text endnew text begin innew text end another
state new text beginor a foreign support order new text endmay be registered in this state for enforcement.

Sec. 41.

Minnesota Statutes 2012, section 518C.602, is amended to read:


518C.602 PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT.

(a) new text beginExcept as otherwise provided ins section 518C.706, new text enda support order or
income-withholding order of another state new text beginor a foreign support order new text endmay be registered
in this state by sending the following documents deleted text beginand informationdeleted text end to the registering
tribunal in this state:

(1) a letter of transmittal to the tribunal requesting registration and enforcement;

(2) two copies, including one certified copy, of deleted text beginall ordersdeleted text endnew text begin the ordernew text end to be registered,
including any modification of deleted text beginandeleted text endnew text begin thenew text end order;

(3) a sworn statement by the deleted text beginpartydeleted text endnew text begin personnew text end seeking registration or a certified statement
by the custodian of the records showing the amount of any arrearage;

(4) the name of the obligor and, if known:

(i) the obligor's address and Social Security number;

(ii) the name and address of the obligor's employer and any other source of income
of the obligor; and

(iii) a description and the location of property of the obligor in this state not exempt
from execution; and

(5) new text beginexcept as otherwise provided in section 518C.312, new text endthe name and address of the
obligee and, if applicable, the agency or person to whom support payments are to be
remitted.

(b) On receipt of a request for registration, the registering tribunal shall cause the order
to be filed as deleted text begina foreign judgmentdeleted text endnew text begin an order of a tribunal of another state or a foreign support
order
new text end, together with one copy of the documents and information, regardless of their form.

(c) A petition or comparable pleading seeking a remedy that must be affirmatively
sought under other law of this state may be filed at the same time as the request for
registration or later. The pleading must specify the grounds for the remedy sought.

new text begin (d) If two or more orders are in effect, the person requesting registration shall:
new text end

new text begin (1) furnish to the tribunal a copy of every support order asserted to be in effect in
addition to the documents specified in this section;
new text end

new text begin (2) specify the order alleged to be the controlling order, if any; and
new text end

new text begin (3) specify the amount of consolidated arrears, if any.
new text end

new text begin (e) A request for a determination of which is the controlling order may be filed
separately or with a request for registration and enforcement or for registration and
modification. The person requesting registration shall give notice of the request to each
party who rights may be affected by the determination.
new text end

Sec. 42.

Minnesota Statutes 2012, section 518C.603, is amended to read:


518C.603 EFFECT OF REGISTRATION FOR ENFORCEMENT.

(a) A support order or income-withholding order issued in another state new text beginor a foreign
support order
new text endis registered when the order is filed in the registering tribunal of this state.

(b) A registered new text beginsupport new text endorder issued in another state new text beginor a foreign country new text endis
enforceable in the same manner and is subject to the same procedures as an order issued
by a tribunal of this state.

(c) Except as otherwise provided in this chapter, a tribunal of this state shall
recognize and enforce, but may not modify, a registered new text beginsupport new text endorder if the issuing
tribunal had jurisdiction.

Sec. 43.

Minnesota Statutes 2012, section 518C.604, is amended to read:


518C.604 CHOICE OF LAW.

(a) new text beginExcept as otherwise provided in paragraph (d), new text endthe law of the issuing state new text beginor
foreign country
new text endgovernsnew text begin:
new text end

new text begin (1)new text end the nature, extent, amount, and duration of current payments deleted text beginanddeleted text endnew text begin under a
registered support order;
new text end

new text begin (2) the computation and payment of arrearages and accrual of interest on the
arrearages under the support order; and
new text end

new text begin (3) the existence and satisfaction ofnew text end other obligations deleted text beginof support and the payment of
arrearages
deleted text end under the new text beginsupport new text endorder.

(b) In a proceeding for arrearages, the statute of limitation under the laws of this
state or of the issuing statenew text begin or foreign countrynew text end, whichever is longer, applies.

new text begin (c) A responding tribunal of this state shall apply the procedures and remedies of
this state to enforce current support and collect arrears and interest due on a support order
of another state or a foreign country registered in this state.
new text end

new text begin (d) After a tribunal of this state or another state determines which is the controlling
order and issues an order consolidating arrears, if any, a tribunal of this state shall
prospectively apply the law of the state or foreign country issuing the controlling order,
including its law on interest on arrears, on current and future support, and on consolidated
arrears.
new text end

Sec. 44.

Minnesota Statutes 2012, section 518C.605, is amended to read:


518C.605 NOTICE OF REGISTRATION OF ORDER.

(a) When a support order or income-withholding order issued in another state new text beginor
foreign support order
new text endis registered, the registering tribunal new text beginof this state new text endshall notify the
nonregistering party. The notice must be accompanied by a copy of the registered order
and the documents and relevant information accompanying the order.

(b) The notice must inform the nonregistering party:

(1) that a registered order is enforceable as of the date of registration in the same
manner as an order issued by a tribunal of this state;

(2) that a hearing to contest the validity or enforcement of the registered order must be
requested within 20 days after noticenew text begin unless the registered order is under section 518C.707new text end;

(3) that failure to contest the validity or enforcement of the registered order in a
timely manner will result in confirmation of the order and enforcement of the order and
the alleged arrearages and precludes further contest of that order with respect to any
matter that could have been asserted; and

(4) of the amount of any alleged arrearages.

new text begin (c) If the registering party asserts that two or more orders are in effect, a notice
must also:
new text end

new text begin (1) identify the two or more orders and the order alleged by the registering party to
be the controlling order and the consolidated arrears, if any;
new text end

new text begin (2) notify the nonregistering party of the right to a determination of which is the
controlling order;
new text end

new text begin (3) state that the procedures provided in paragraph (b) apply to the determination of
which is the controlling order; and
new text end

new text begin (4) state that failure to contest the validity or enforcement of the order alleged to
be the controlling order in a timely manner may result in confirmation that the order
is the controlling order.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end Upon registration of an income-withholding order for enforcement, new text beginthe
support enforcement agency, or
new text endthe registering tribunal shall notify the obligor's employer
pursuant to section 518A.53.

Sec. 45.

Minnesota Statutes 2012, section 518C.606, is amended to read:


518C.606 PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT
OF REGISTERED new text beginSUPPORT new text endORDER.

(a) A nonregistering party seeking to contest the validity or enforcement of a
registered new text beginsupport new text endorder in this state shall request a hearing within deleted text begin20 days after notice of
the registration
deleted text endnew text begin the time required by section 518C.605new text end. The nonregistering party may seek
to vacate the registration, to assert any defense to an allegation of noncompliance with
the registered order, or to contest the remedies being sought or the amount of any alleged
arrearages pursuant to section 518C.607.

(b) If the nonregistering party fails to contest the validity or enforcement of the
registered new text beginsupport new text endorder in a timely manner, the order is confirmed by operation of law.

(c) If a nonregistering party requests a hearing to contest the validity or enforcement
of the registered new text beginsupport new text endorder, the registering tribunal shall schedule the matter for
hearing and give notice to the parties of the date, time, and place of the hearing.

Sec. 46.

Minnesota Statutes 2012, section 518C.607, is amended to read:


518C.607 CONTEST OF REGISTRATION OR ENFORCEMENT.

(a) A party contesting the validity or enforcement of a registered new text beginsupport new text endorder or
seeking to vacate the registration has the burden of proving one or more of the following
defenses:

(1) the issuing tribunal lacked personal jurisdiction over the contesting party;

(2) the order was obtained by fraud;

(3) the order has been vacated, suspended, or modified by a later order;

(4) the issuing tribunal has stayed the order pending appeal;

(5) there is a defense under the law of this state to the remedy sought;

(6) full or partial payment has been made; or

(7) the statute of limitation under section 518C.604 precludes enforcement of some
or all of the arrearagesdeleted text begin.deleted text endnew text begin; ornew text end

new text begin (8) the alleged controlling order is not the controlling order.
new text end

(b) If a party presents evidence establishing a full or partial defense under paragraph
(a), a tribunal may stay enforcement of deleted text beginthedeleted text endnew text begin anew text end registered new text beginsupport new text endorder, continue the
proceeding to permit production of additional relevant evidence, and issue other
appropriate orders. An uncontested portion of the registered new text beginsupport new text endorder may be
enforced by all remedies available under the law of this state.

(c) If the contesting party does not establish a defense under paragraph (a) to the
validity or enforcement of deleted text beginthedeleted text endnew text begin a registered supportnew text end order, the registering tribunal shall
issue an order confirming the order.

Sec. 47.

Minnesota Statutes 2012, section 518C.608, is amended to read:


518C.608 CONFIRMED ORDER.

Confirmation of a registered new text beginsupport new text endorder, whether by operation of law or after
notice and hearing, precludes further contest of the order with respect to any matter that
could have been asserted at the time of registration.

Sec. 48.

Minnesota Statutes 2012, section 518C.609, is amended to read:


518C.609 PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF
ANOTHER STATE FOR MODIFICATION.

A party or support enforcement agency seeking to modify, or to modify and enforce,
a child support order issued in another state shall register that order in this state in the
same manner provided in sections 518C.601 to deleted text begin518C.604deleted text endnew text begin 518C.608new text end if the order has not
been registered. A petition for modification may be filed at the same time as a request for
registration, or later. The pleading must specify the grounds for modification.

Sec. 49.

Minnesota Statutes 2012, section 518C.610, is amended to read:


518C.610 EFFECT OF REGISTRATION FOR MODIFICATION.

A tribunal of this state may enforce a child support order of another state registered
for purposes of modification, in the same manner as if the order had been issued by
a tribunal of this state, but the registered new text beginsupport new text endorder may be modified only if the
requirements of section 518C.611new text begin or 518C.613new text end have been met.

Sec. 50.

Minnesota Statutes 2012, section 518C.611, is amended to read:


518C.611 MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER
STATE.

(a) deleted text beginAfter a child support order issued in another state has been registered in this state,
the responding
deleted text endnew text begin If section 518C.613 does not apply, upon petition anew text end tribunal of this state
may modify deleted text beginthat order only if section 518C.613 does not apply anddeleted text end new text begina child support order
issued in another state that is registered in this state if,
new text endafter notice and hearing, it finds that:

(1) the following requirements are met:

(i) new text beginneither new text endthe child, new text beginnor new text endthe deleted text beginindividualdeleted text end obligeenew text begin who is an individualnew text end, deleted text beginanddeleted text endnew text begin nornew text end the
obligor deleted text begindo not residedeleted text endnew text begin residesnew text end in the issuing state;

(ii) a petitioner who is a nonresident of this state seeks modification; and

(iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or

(2) new text beginthis state is the residence of new text endthe child, or a party who is an individualdeleted text begin,deleted text end is subject
to the personal jurisdiction of the tribunal of this state and all of the parties who are
individuals have filed written consents new text beginin a record new text endin the issuing tribunal for a tribunal
of this state to modify the support order and assume continuing, exclusive jurisdiction
over the order. deleted text beginHowever, if the issuing state is a foreign jurisdiction that has not enacted a
law or established procedures substantially similar to the procedures in this chapter, the
consent otherwise required of an individual residing in this state is not required for the
tribunal to assume jurisdiction to modify the child support order.
deleted text end

(b) Modification of a registered child support order is subject to the same
requirements, procedures, and defenses that apply to the modification of an order issued
by a tribunal of this state and the order may be enforced and satisfied in the same manner.

(c) A tribunal of this state may not modify any aspect of a child support order that
may not be modified under the law of the issuing statenew text begin, including the duration of the
obligation of support
new text end. If two or more tribunals have issued child support orders for the
same obligor and child, the order that controls and must be recognized under section
518C.207 establishes the aspects of the support order which are nonmodifiable.

new text begin (d) In a proceeding to modify a child support order, the law of the state that is
determined to have issued the initial controlling order governs the duration of the
obligation of support. The obligor's fulfillment of the duty of support established by that
order precludes imposition of a further obligation of support by a tribunal of this state.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end On issuance of an order modifying a child support order issued in another state,
a tribunal of this state becomes the tribunal deleted text beginofdeleted text endnew text begin havingnew text end continuing, exclusive jurisdiction.

new text begin (f) Notwithstanding paragraphs (a) to (d) and section 518C.201, paragraph (b), a
tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this
state if:
new text end

new text begin (1) one party resides in another state; and
new text end

new text begin (2) the other party resides outside the United States.
new text end

Sec. 51.

Minnesota Statutes 2012, section 518C.612, is amended to read:


518C.612 RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.

new text begin If a child support order issued by new text enda tribunal of this state deleted text beginshall recognize a modification
of its earlier child support order
deleted text endnew text begin is modifiednew text end by a tribunal of another state which assumed
jurisdiction according to this chapter or a law substantially similar to this chapter deleted text beginand,
upon request, except as otherwise provided in this chapter, shall
deleted text endnew text begin a tribunal of this statenew text end:

(1) new text beginmay new text endenforce deleted text beginthedeleted text endnew text begin itsnew text end order that was modified only as to deleted text beginamountsdeleted text endnew text begin arrears and
interest
new text end accruing before the modification;

deleted text begin (2) enforce only nonmodifiable aspects of that order;
deleted text end

deleted text begin (3)deleted text end new text begin(2) may new text endprovide deleted text beginotherdeleted text end appropriate relief deleted text beginonlydeleted text end for violations of deleted text beginthatdeleted text endnew text begin itsnew text end order which
occurred before the effective date of the modification; and

deleted text begin (4)deleted text endnew text begin (3) shallnew text end recognize the modifying order of the other state, upon registration,
for the purpose of enforcement.

Sec. 52.

Minnesota Statutes 2012, section 518C.613, is amended to read:


518C.613 JURISDICTION TO MODIFY SUPPORT ORDER OF ANOTHER
STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.

(a) If all of the parties who are individuals reside in this state and the child does not
reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify
the issuing state's child support order in a proceeding to register that order.

(b) A tribunal of this state exercising jurisdiction as provided in this section shall
apply sections 518C.101 to 518C.209 and 518C.601 to deleted text begin518C.614deleted text end new text begin518C.616 new text endto the
enforcement or modification proceeding. Sections 518C.301 to deleted text begin518C.507deleted text end new text begin518C.508
new text endand 518C.701 to 518C.802 do not apply and the tribunal shall apply the procedural and
substantive law of this state.

Sec. 53.

new text begin [518C.615] JURISDICTION TO MODIFY CHILD SUPPORT ORDER
OF FOREIGN COUNTRY.
new text end

new text begin (a) Except as otherwise provided in section 518C.711, if a foreign country lacks or
refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a
tribunal of this state may assume jurisdiction to modify the child support order and bind
all individuals subject to the personal jurisdiction of the tribunal whether the consent to
modification of a child support order otherwise required of the individual pursuant to
section 518C.611 has been given or whether the individual seeking modification is a
resident of this state or of the foreign country.
new text end

new text begin (b) An order issued by a tribunal of this state modifying a foreign child support order
pursuant to this section is the controlling order.
new text end

Sec. 54.

new text begin [518C.616] PROCEDURE TO REGISTER CHILD SUPPORT ORDER
OF FOREIGN COUNTRY FOR MODIFICATION.
new text end

new text begin A party or support enforcement agency seeking to modify, or to modify and enforce,
a foreign child support order not under the convention may register that order in this state
under sections 518C.601 to 518C.608 if the order has not been registered. A petition for
modification may be filed at the same time as a request for registration, or at another time.
The petition must specify the grounds for modification.
new text end

Sec. 55.

Minnesota Statutes 2012, section 518C.701, is amended to read:


518C.701 deleted text beginPROCEEDING TO DETERMINE PARENTAGEdeleted text endnew text begin DEFINITIONSnew text end.

new text begin In sections 518C.701 to 518C.713:
new text end

(a) deleted text beginA tribunal of this state may serve as an initiating or responding tribunal in a
proceeding brought under this chapter or a law or procedure substantially similar to this
chapter, or under a law or procedure substantially similar to the Uniform Reciprocal
Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support
Act to determine that the petitioner is a parent of a particular child or to determine that a
respondent is a parent of that child
deleted text endnew text begin "Application" means a request under the convention
by an obligee or obligor, or on behalf of a child, made through a central authority for
assistance from another central authority
new text end.

(b) deleted text beginIn a proceeding to determine parentage, a responding tribunal of this state shall
apply the Parentage Act, sections 257.51 to 257.74, and the rules of this state on choice
of law
deleted text endnew text begin "Central authority" means the entity designated by the United States or a foreign
country described in section 518C.101, paragraph (e), clause (4), to perform the functions
specified in the convention
new text end.

new text begin (c) "Convention support order" means a support order of a tribunal of a foreign
country described in section 518C.101, paragraph (e), clause (4).
new text end

new text begin (d) "Direct request" means a petition filed by an individual in a tribunal of this state
in a proceeding involving an obligee, obligor, or child residing outside the United States.
new text end

new text begin (e) "Foreign central authority" means the entity designated by a foreign country
described in section 518C.101, paragraph (e), clause (4), to perform the functions specified
in the convention.
new text end

new text begin (f) "Foreign support agreement":
new text end

new text begin (1) means an agreement for support in a record that:
new text end

new text begin (i) is enforceable as a support order in the country of origin;
new text end

new text begin (ii) has been:
new text end

new text begin (A) formally drawn up or registered as an authentic instrument by a foreign tribunal;
or
new text end

new text begin (B) authenticated by, or concluded, registered, or filed with a foreign tribunal; and
new text end

new text begin (iii) may be reviewed and modified by a foreign tribunal; and
new text end

new text begin (2) includes a maintenance arrangement or authentic instrument under the convention.
new text end

new text begin (g) "United States central authority" means the Secretary of the United States
Department of Health and Human Services.
new text end

Sec. 56.

new text begin [518C.702] APPLICABILITY.
new text end

new text begin Sections 518C.701 to 518C.713 apply only to a support proceeding under the
convention. In such a proceeding, if a provision of sections 518C.701 to 518C.713 is
inconsistent with sections 518C.101 to 518C.616, sections 518C.701 to 518C.713 control.
new text end

Sec. 57.

new text begin [518C.703] RELATIONSHIP OF DEPARTMENT OF HUMAN
SERVICES TO UNITED STATES CENTRAL AUTHORITY.
new text end

new text begin The Department of Human Services of this state is recognized as the agency
designated by the United States central authority to perform specific functions under
the convention.
new text end

Sec. 58.

new text begin [518C.704] INITIATION BY DEPARTMENT OF HUMAN SERVICES
OF SUPPORT PROCEEDING UNDER CONVENTION.
new text end

new text begin (a) In a support proceeding under sections 518C.701 to 518C.713, the Department of
Human Services of this state shall:
new text end

new text begin (1) transmit and receive applications; and
new text end

new text begin (2) initiate or facilitate the institution of a proceeding regarding an application
in a tribunal of this state.
new text end

new text begin (b) The following support proceedings are available to an obligee under the
convention:
new text end

new text begin (1) recognition or recognition and enforcement of a foreign support order;
new text end

new text begin (2) enforcement of a support order issued or recognized in this state;
new text end

new text begin (3) establishment of a support order if there is no existing order, including, if
necessary, determination of parentage of a child;
new text end

new text begin (4) establishment of a support order if recognition of a foreign support order is
refused under section 518C.708, paragraph (b), clause (2), (4), or (9);
new text end

new text begin (5) modification of a support order of a tribunal of this state; and
new text end

new text begin (6) modification of a support order of a tribunal of another state or a foreign country.
new text end

new text begin (c) The following support proceedings are available under the convention to an
obligor against which there is an existing support order:
new text end

new text begin (1) recognition of an order suspending or limiting enforcement of an existing support
order of a tribunal of this state;
new text end

new text begin (2) modification of a support order of a tribunal of this state; and
new text end

new text begin (3) modification of a support order of a tribunal of another state or a foreign country.
new text end

new text begin (d) A tribunal of this state may not require security, bond, or deposit, however
described, to guarantee the payment of costs and expenses in proceedings under the
convention.
new text end

Sec. 59.

new text begin [518C.705] DIRECT REQUEST.
new text end

new text begin (a) A petitioner may file a direct request seeking establishment or modification
of a support order or determination of parentage of a child. In the proceeding, the law
of this state applies.
new text end

new text begin (b) A petitioner may file a direct request seeking recognition and enforcement of a
support order or support agreement. In the proceeding, sections 518C.706 to 518C.713
apply.
new text end

new text begin (c) In a direct request for recognition and enforcement of a convention support
order or foreign support agreement:
new text end

new text begin (1) a security, bond, or deposit is not required to guarantee the payment of costs
and expenses; and
new text end

new text begin (2) an obligee or obligor that in the issuing country has benefited from free legal
assistance is entitled to benefit, at least to the same extent, from any free legal assistance
provided for by the law of this state under the same circumstances.
new text end

new text begin (d) A petitioner filing a direct request is not entitled to assistance from the
Department of Human Services.
new text end

new text begin (e) Sections 518C.701 to 518C.713 do not prevent the application of laws of
this state that provide simplified, more expeditious rules regarding a direct request for
recognition and enforcement of a foreign support order or foreign support agreement.
new text end

Sec. 60.

new text begin [518C.706] REGISTRATION OF CONVENTION SUPPORT ORDER.
new text end

new text begin (a) Except as otherwise provided in sections 518C.701 to 518C.713, a party who is
an individual or a support enforcement agency seeking recognition of a convention support
order shall register the order in this state as provided in sections 518C.601 to 518C.616.
new text end

new text begin (b) Notwithstanding sections 518C.311 and 518C.602, paragraph (a), a request for
registration of a convention support order must be accompanied by:
new text end

new text begin (1) a complete text of the support order or an abstract or extract of the support order
drawn up by the issuing foreign tribunal, which may be in the form recommended by the
Hague Conference on Private International Law;
new text end

new text begin (2) a record stating that the support order is enforceable in the issuing country;
new text end

new text begin (3) if the respondent did not appear and was not represented in the proceedings
in the issuing country, a record attesting, as appropriate, either that the respondent had
proper notice of the proceedings and an opportunity to be heard or that the respondent
had proper notice of the support order and an opportunity to be heard in a challenge
or appeal on fact or law before a tribunal;
new text end

new text begin (4) a record showing the amount of arrears, if any, and the date the amount was
calculated;
new text end

new text begin (5) a record showing a requirement for automatic adjustment of the amount of
support, if any, and the information necessary to make the appropriate calculations; and
new text end

new text begin (6) if necessary, a record showing the extent to which the applicant received free
legal assistance in the issuing country.
new text end

new text begin (c) A request for registration of a convention support order may seek recognition
and partial enforcement of the order.
new text end

new text begin (d) A tribunal of this state may vacate the registration of a convention support order
without the filing of a contest under section 518C.707 only if, acting on its own motion,
the tribunal finds that recognition and enforcement of the order would be manifestly
incompatible with public policy.
new text end

new text begin (e) The tribunal shall promptly notify the parties of the registration or the order
vacating the registration of a convention support order.
new text end

Sec. 61.

new text begin [518C.707] CONTEST OF REGISTERED CONVENTION SUPPORT
ORDER.
new text end

new text begin (a) Except as otherwise provided in sections 518C.701 to 518C.713, sections
518C.605 to 518C.608 apply to a contest of a registered convention support order.
new text end

new text begin (b) A party contesting a registered convention support order shall file a contest no later
than 30 days after notice of the registration, but if the contesting party does not reside in the
United States, the contest must be filed no later than 60 days after notice of the registration.
new text end

new text begin (c) If the nonregistering party fails to contest the registered convention support order
by the time specified in paragraph (b), the order is enforceable.
new text end

new text begin (d) A contest of a registered convention support order may be based only on grounds
set forth in section 518C.708. The contesting party bears the burden of proof.
new text end

new text begin (e) In a contest of a registered convention support order, a tribunal of this state:
new text end

new text begin (1) is bound by the findings of fact on which the foreign tribunal based its
jurisdiction; and
new text end

new text begin (2) may not review the merits of the order.
new text end

new text begin (f) A tribunal of this state deciding a contest of a registered convention support order
shall promptly notify the parties of its decision.
new text end

new text begin (g) A challenge or appeal, if any, does not stay the enforcement of a convention
support order unless there are exceptional circumstances.
new text end

Sec. 62.

new text begin [518C.708] RECOGNITION AND ENFORCEMENT OF REGISTERED
CONVENTION SUPPORT ORDER.
new text end

new text begin (a) Except as otherwise provided in paragraph (b), a tribunal of this state shall
recognize and enforce a registered convention support order.
new text end

new text begin (b) The following grounds are the only grounds on which a tribunal of this state may
refuse recognition and enforcement of a registered convention support order:
new text end

new text begin (1) recognition and enforcement of the order is manifestly incompatible with public
policy, including the failure of the issuing tribunal to observe minimum standards of due
process, which include notice and an opportunity to be heard;
new text end

new text begin (2) the issuing tribunal lacked personal jurisdiction consistent with section 518C.201;
new text end

new text begin (3) the order is not enforceable in the issuing country;
new text end

new text begin (4) the order was obtained by fraud in connection with a matter of procedure;
new text end

new text begin (5) a record transmitted in accordance with section 518C.706 lacks authenticity or
integrity;
new text end

new text begin (6) a proceeding between the same parties and having the same purpose is pending
before a tribunal of this state and that proceeding was the first to be filed;
new text end

new text begin (7) the order is incompatible with a more recent support order involving the same
parties and having the same purpose if the more recent support order is entitled to
recognition and enforcement under this chapter in this state;
new text end

new text begin (8) payment, to the extent alleged arrears have been paid in whole or in part;
new text end

new text begin (9) in a case in which the respondent neither appeared nor was represented in the
proceeding in the issuing foreign country:
new text end

new text begin (i) if the law of that country provides for prior notice of proceedings, the respondent
did not have proper notice of the proceedings and an opportunity to be heard; or
new text end

new text begin (ii) if the law of that country does not provide for prior notice of the proceedings,
the respondent did not have proper notice of the order and an opportunity to be heard in
a challenge or appeal on fact or law before a tribunal; or
new text end

new text begin (10) the order was made in violation of section 518C.711.
new text end

new text begin (c) If a tribunal of this state does not recognize a convention support order under
paragraph (b), clause (2), (4), or (9):
new text end

new text begin (1) the tribunal may not dismiss the proceeding without allowing a reasonable time
for a party to request the establishment of a new convention support order; and
new text end

new text begin (2) the Department of Human Services shall take all appropriate measures to request
a child support order for the obligee if the application for recognition and enforcement
was received under section 518C.704.
new text end

Sec. 63.

new text begin [518C.709] PARTIAL ENFORCEMENT.
new text end

new text begin If a tribunal of this state does not recognize and enforce a convention support order
in its entirety, it shall enforce any severable part of the order. An application or direct
request may seek recognition and partial enforcement of a convention support order.
new text end

Sec. 64.

new text begin [518C.710] FOREIGN SUPPORT AGREEMENT.
new text end

new text begin (a) Except as otherwise provided in paragraphs (c) and (d), a tribunal of this state
shall recognize and enforce a foreign support agreement registered in this state.
new text end

new text begin (b) An application or direct request for recognition and enforcement of a foreign
support agreement must be accompanied by:
new text end

new text begin (1) a complete text of the foreign support agreement; and
new text end

new text begin (2) a record stating that the foreign support agreement is enforceable as an order
of support in the issuing country.
new text end

new text begin (c) A tribunal of this state may vacate the registration of a foreign support agreement
only if, acting on its own motion, the tribunal finds that recognition and enforcement
would be manifestly incompatible with public policy.
new text end

new text begin (d) In a contest of a foreign support agreement, a tribunal of this state may refuse
recognition and enforcement of the agreement if it finds:
new text end

new text begin (1) recognition and enforcement of the agreement is manifestly incompatible with
public policy;
new text end

new text begin (2) the agreement was obtained by fraud or falsification;
new text end

new text begin (3) the agreement is incompatible with a support order involving the same parties
and having the same purpose in this state, another state, or a foreign country if the support
order is entitled to recognition and enforcement under this chapter in this state; or
new text end

new text begin (4) the record submitted under paragraph (b) lacks authenticity or integrity.
new text end

new text begin (e) A proceeding for recognition and enforcement of a foreign support agreement
must be suspended during the pendency of a challenge to or appeal of the agreement
before a tribunal of another state or a foreign country.
new text end

Sec. 65.

new text begin [518C.711] MODIFICATION OF CONVENTION CHILD SUPPORT
ORDER.
new text end

new text begin (a) A tribunal of this state may not modify a convention child support order if the
obligee remains a resident of the foreign country where the support order was issued unless:
new text end

new text begin (1) the obligee submits to the jurisdiction of a tribunal of this state, either expressly
or by defending on the merits of the case without objecting to the jurisdiction at the first
available opportunity; or
new text end

new text begin (2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support
order or issue a new support order.
new text end

new text begin (b) If a tribunal of this state does not modify a convention child support order
because the order is not recognized in this state, section 518C.708, paragraph (c), applies.
new text end

Sec. 66.

new text begin [518C.712] PERSONAL INFORMATION; LIMIT ON USE.
new text end

new text begin Personal information gathered or transmitted under sections 518C.701 to 518C.713
may be used only for the purposes for which it was gathered or transmitted.
new text end

Sec. 67.

new text begin [518C.713] RECORD IN ORIGINAL LANGUAGE; ENGLISH
TRANSLATION.
new text end

new text begin A record filed with a tribunal of this state under sections 518C.701 to 518C.713
must be in the original language and, if not in English, must be accompanied by an
English translation.
new text end

Sec. 68.

Minnesota Statutes 2012, section 518C.801, is amended to read:


518C.801 GROUNDS FOR RENDITION.

(a) For purposes of deleted text beginthis articledeleted text endnew text begin this section and section 518C.802new text end, "governor"
includes an individual performing the functions of governor or the executive authority of
a state covered by this chapter.

(b) The governor of this state may:

(1) demand that the governor of another state surrender an individual found in the
other state who is charged criminally in this state with having failed to provide for the
support of an obligee; or

(2) on the demand by the governor of another state, surrender an individual found in
this state who is charged criminally in the other state with having failed to provide for
the support of an obligee.

(c) A provision for extradition of individuals not inconsistent with this chapter
applies to the demand even if the individual whose surrender is demanded was not in the
demanding state when the crime was allegedly committed and has not fled deleted text begintherefrom
deleted text endnew text begin from the demanding statenew text end.

Sec. 69.

Minnesota Statutes 2012, section 518C.902, is amended to read:


518C.902 deleted text beginSHORT TITLEdeleted text endnew text begin TRANSITIONAL PROVISIONnew text end.

This chapter deleted text beginmay be cited as the "Uniform Interstate Family Support Act."deleted text endnew text begin applies to
proceedings begun on or after the effective date of this act to establish a support order or
determine parentage of a child or to register, recognize, enforce, or modify a prior support
order, determination, or agreement, whenever issued or entered.
new text end

Sec. 70.

new text begin [518C.905] SHORT TITLE.
new text end

new text begin This chapter may be cited as the "Uniform Interstate Family Support Act."
new text end

Sec. 71. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 518C.5025, as
Minnesota Statutes, section 518C.502, and Minnesota Statutes, section 518C.508, as
Minnesota Statutes, section 518C.507, and correct any references in Minnesota Statutes or
Minnesota Rules to those sections.
new text end

Sec. 72. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 518C.502, new text end new text begin is repealed.
new text end

Sec. 73. new text beginEFFECTIVE DATE.
new text end

new text begin This act becomes effective on the date that the United States deposits the instrument
of ratification for the Hague Convention on the International Recovery of Child Support
and Other Forms of Family Maintenance with the Hague Conference on Private
International Law.
new text end