Minnesota Legislature
HF 937
as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to child support enforcement; classifying 1.3 certain data; requiring additional information; 1.4 clarifying and improving certain procedures and 1.5 support enforcement provisions; clarifying a funding 1.6 provision; amending Minnesota Statutes 2002, sections 1.7 13.69, subdivision 1; 97A.481; 171.06, subdivision 3; 1.8 518.551, subdivisions 5, 12, 13; 518.6111, subdivision 1.9 7; 518.68, subdivision 2; 548.091, subdivision 1a; 1.10 552.01, subdivisions 2, 3, 5, 7; 552.04, subdivision 1.11 15; 552.06, subdivisions 1, 2, 5, 6; 609.375, 1.12 subdivision 2b; Laws 1997, chapter 245, article 2, 1.13 section 11. 1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15 Section 1. Minnesota Statutes 2002, section 13.69, 1.16 subdivision 1, is amended to read: 1.17 Subdivision 1. [CLASSIFICATIONS.] (a) The following 1.18 government data of the department of public safety are private 1.19 data: 1.20 (1) medical data on driving instructors, licensed drivers, 1.21 and applicants for parking certificates and special license 1.22 plates issued to physically handicapped persons; 1.23 (2) other data on holders of a disability certificate under 1.24 section 169.345, except that data that are not medical data may 1.25 be released to law enforcement agencies; 1.26 (3) social security numbers in driver's license and motor 1.27 vehicle registration records, except that social security 1.28 numbers must be provided to the department of revenue for 1.29 purposes of tax administrationand, the department of labor and 2.1 industry for purposes of workers' compensation administration 2.2 and enforcement, and the department of natural resources for 2.3 purposes of license application administration; and 2.4 (4) data on persons listed as standby or temporary 2.5 custodians under section 171.07, subdivision 11, except that the 2.6 data must be released to: 2.7 (i) law enforcement agencies for the purpose of verifying 2.8 that an individual is a designated caregiver; or 2.9 (ii) law enforcement agencies who state that the license 2.10 holder is unable to communicate at that time and that the 2.11 information is necessary for notifying the designated caregiver 2.12 of the need to care for a child of the license holder. 2.13 (b) The following government data of the department of 2.14 public safety are confidential data: data concerning an 2.15 individual's driving ability when that data is received from a 2.16 member of the individual's family. 2.17 Sec. 2. Minnesota Statutes 2002, section 97A.481, is 2.18 amended to read: 2.19 97A.481 [LICENSE APPLICATIONS; PENALTY.] 2.20 All information required on a license application form must 2.21 be furnished. An applicant must provide the applicant's social 2.22 security number. If the applicant does not have a social 2.23 security number, the applicant must certify that the applicant 2.24 does not have a social security number. The application must be 2.25 made in writing and is subject to the penalty prescribed in 2.26 section 97A.301, subdivision 1, clause (5). 2.27 Sec. 3. Minnesota Statutes 2002, section 171.06, 2.28 subdivision 3, is amended to read: 2.29 Subd. 3. [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 2.30 An application must: 2.31 (1) state the full name, date of birth, sex, and residence 2.32 address of the applicant; 2.33 (2) as may be required by the commissioner, contain a 2.34 description of the applicant and any other facts pertaining to 2.35 the applicant, the applicant's driving privileges, and the 2.36 applicant's ability to operate a motor vehicle with safety; 3.1 (3)for a class C, class B, or class A driver's license,3.2 state: 3.3 (i) the applicant's social security numberor, for a class3.4D driver's license, have a space for the applicant's social3.5security number and state that providing the number is optional,3.6or otherwise convey that the applicant is not required to enter3.7the social security number; or 3.8 (ii) if the applicant does not have a social security 3.9 number and is applying for a Minnesota identification card, 3.10 instruction permit, or class D provisional or driver's license, 3.11 that the applicant certifies that the applicant does not have a 3.12 social security number; 3.13 (4) contain a space where the applicant may indicate a 3.14 desire to make an anatomical gift according to paragraph (b); 3.15 and 3.16 (5) contain a notification to the applicant of the 3.17 availability of a living will/health care directive designation 3.18 on the license under section 171.07, subdivision 7. 3.19 (b) If the applicant does not indicate a desire to make an 3.20 anatomical gift when the application is made, the applicant must 3.21 be offered a donor document in accordance with section 171.07, 3.22 subdivision 5. The application must contain statements 3.23 sufficient to comply with the requirements of the Uniform 3.24 Anatomical Gift Act (1987), sections 525.921 to 525.9224, so 3.25 that execution of the application or donor document will make 3.26 the anatomical gift as provided in section 171.07, subdivision 3.27 5, for those indicating a desire to make an anatomical gift. 3.28 The application must be accompanied by information describing 3.29 Minnesota laws regarding anatomical gifts and the need for and 3.30 benefits of anatomical gifts, and the legal implications of 3.31 making an anatomical gift, including the law governing 3.32 revocation of anatomical gifts. The commissioner shall 3.33 distribute a notice that must accompany all applications for and 3.34 renewals of a driver's license or Minnesota identification 3.35 card. The notice must be prepared in conjunction with a 3.36 Minnesota organ procurement organization that is certified by 4.1 the federal Department of Health and Human Services and must 4.2 include: 4.3 (1) a statement that provides a fair and reasonable 4.4 description of the organ donation process, the care of the donor 4.5 body after death, and the importance of informing family members 4.6 of the donation decision; and 4.7 (2) a telephone number in a certified Minnesota organ 4.8 procurement organization that may be called with respect to 4.9 questions regarding anatomical gifts. 4.10 (c) The application must be accompanied also by information 4.11 containing relevant facts relating to: 4.12 (1) the effect of alcohol on driving ability; 4.13 (2) the effect of mixing alcohol with drugs; 4.14 (3) the laws of Minnesota relating to operation of a motor 4.15 vehicle while under the influence of alcohol or a controlled 4.16 substance; and 4.17 (4) the levels of alcohol-related fatalities and accidents 4.18 in Minnesota and of arrests for alcohol-related violations. 4.19 Sec. 4. Minnesota Statutes 2002, section 518.551, 4.20 subdivision 5, is amended to read: 4.21 Subd. 5. [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 4.22 petitioner shall notify the public authority of all proceedings 4.23 for dissolution, legal separation, determination of parentage or 4.24 for the custody of a child, if either party is receiving public 4.25 assistance or applies for it subsequent to the commencement of 4.26 the proceeding. The notice must contain the full names of the 4.27 parties to the proceeding, their social security account 4.28 numbers, and their birth dates. After receipt of the notice, 4.29 the court shall set child support as provided in this 4.30 subdivision. The court may order either or both parents owing a 4.31 duty of support to a child of the marriage to pay an amount 4.32 reasonable or necessary for the child's support, without regard 4.33 to marital misconduct. The court shall approve a child support 4.34 stipulation of the parties if each party is represented by 4.35 independent counsel, unless the stipulation does not meet the 4.36 conditions of paragraph (i). In other cases the court shall 5.1 determine and order child support in a specific dollar amount in 5.2 accordance with the guidelines and the other factors set forth 5.3 in paragraph (c) and any departure therefrom. The court may 5.4 also order the obligor to pay child support in the form of a 5.5 percentage share of the obligor's net bonuses, commissions, or 5.6 other forms of compensation, in addition to, or if the obligor 5.7 receives no base pay, in lieu of, an order for a specific dollar 5.8 amount. 5.9 (b) The court shall derive a specific dollar amount for 5.10 child support by multiplying the obligor's net income by the 5.11 percentage indicated by the following guidelines: 5.12 Net Income Per Number of Children 5.13 Month of Obligor 5.14 1 2 3 4 5 6 7 or 5.15 more 5.16 $550 and Below Order based on the ability of the 5.17 obligor to provide support 5.18 at these income levels, or at higher 5.19 levels, if the obligor has 5.20 the earning ability. 5.21 $551 - 600 16% 19% 22% 25% 28% 30% 32% 5.22 $601 - 650 17% 21% 24% 27% 29% 32% 34% 5.23 $651 - 700 18% 22% 25% 28% 31% 34% 36% 5.24 $701 - 750 19% 23% 27% 30% 33% 36% 38% 5.25 $751 - 800 20% 24% 28% 31% 35% 38% 40% 5.26 $801 - 850 21% 25% 29% 33% 36% 40% 42% 5.27 $851 - 900 22% 27% 31% 34% 38% 41% 44% 5.28 $901 - 950 23% 28% 32% 36% 40% 43% 46% 5.29 $951 - 1000 24% 29% 34% 38% 41% 45% 48% 5.30 $1001- 5000 25% 30% 35% 39% 43% 47% 50% 5.31 or the amount 5.32 in effect under 5.33 paragraph (k) 5.34 Guidelines for support for an obligor with a monthly income 5.35 in excess of the income limit currently in effect under 5.36 paragraph (k) shall be the same dollar amounts as provided for 6.1 in the guidelines for an obligor with a monthly income equal to 6.2 the limit in effect. 6.3 Net Income defined as: 6.4 6.5 Total monthly 6.6 income less *(i) Federal Income Tax 6.7 *(ii) State Income Tax 6.8 (iii) Social Security 6.9 Deductions 6.10 (iv) Reasonable 6.11 Pension Deductions 6.12 *Standard 6.13 Deductions apply- (v) Union Dues 6.14 use of tax tables (vi) Cost of Dependent Health 6.15 recommended Insurance Coverage 6.16 (vii) Cost of Individual or Group 6.17 Health/Hospitalization 6.18 Coverage or an 6.19 Amount for Actual 6.20 Medical Expenses 6.21 (viii) A Child Support or 6.22 Maintenance Orderthat is6.23Currently Being Paid, not 6.24 including payments or orders 6.25 for child support or 6.26 maintenance debts or 6.27 arrears. 6.28 "Net income" does not include: 6.29 (1) the income of the obligor's spouse, but does include 6.30 in-kind payments received by the obligor in the course of 6.31 employment, self-employment, or operation of a business if the 6.32 payments reduce the obligor's living expenses; or 6.33 (2) compensation received by a party for employment in 6.34 excess of a 40-hour work week, provided that: 6.35 (i) support is nonetheless ordered in an amount at least 6.36 equal to the guidelines amount based on income not excluded 7.1 under this clause; and 7.2 (ii) the party demonstrates, and the court finds, that: 7.3 (A) the excess employment began after the filing of the 7.4 petition for dissolution; 7.5 (B) the excess employment reflects an increase in the work 7.6 schedule or hours worked over that of the two years immediately 7.7 preceding the filing of the petition; 7.8 (C) the excess employment is voluntary and not a condition 7.9 of employment; 7.10 (D) the excess employment is in the nature of additional, 7.11 part-time or overtime employment compensable by the hour or 7.12 fraction of an hour; and 7.13 (E) the party's compensation structure has not been changed 7.14 for the purpose of affecting a support or maintenance obligation. 7.15 The court shall review the work-related and 7.16 education-related child care costs paid and shall allocate the 7.17 costs to each parent in proportion to each parent's net income, 7.18 as determined under this subdivision, after the transfer of 7.19 child support and spousal maintenance, unless the allocation 7.20 would be substantially unfair to either parent. There is a 7.21 presumption of substantial unfairness if after the sum total of 7.22 child support, spousal maintenance, and child care costs is 7.23 subtracted from the obligor's income, the income is at or below 7.24 100 percent of the federal poverty guidelines. The cost of 7.25 child care for purposes of this paragraph is 75 percent of the 7.26 actual cost paid for child care, to reflect the approximate 7.27 value of state and federal tax credits available to the 7.28 obligee. The actual cost paid for child care is the total 7.29 amount received by the child care provider for the child or 7.30 children of the obligor from the obligee or any public agency. 7.31 The court shall require verification of employment or school 7.32 attendance and documentation of child care expenses from the 7.33 obligee and the public agency, if applicable. If child care 7.34 expenses fluctuate during the year because of seasonal 7.35 employment or school attendance of the obligee or extended 7.36 periods of parenting time with the obligor, the court shall 8.1 determine child care expenses based on an average monthly cost. 8.2 The amount allocated for child care expenses is considered child 8.3 support but is not subject to a cost-of-living adjustment under 8.4 section 518.641. If a court order provides for child care 8.5 expenses and the public authority provides child support 8.6 enforcement services, the collection of the amount allocated for 8.7 child care expensesterminatesmust be suspended when either 8.8 partynotifiesinforms the public authority thattheno child 8.9 care costshave ended and without any legal action on the part8.10of either partyare being incurred and the public authority 8.11 verifies the accuracy of the information with the other party. 8.12 The public authority shallverify the information received under8.13this provision before authorizing termination. The termination8.14is effective as of the date of the notification.resume 8.15 collection of the amount allocated for child care expenses when 8.16 either party provides information that child care costs have 8.17 resumed. If the parties provide conflicting information to the 8.18 public authority regarding whether or not child care expenses 8.19 are being incurred, the collection of the amount allocated for 8.20 child care expenses must continue or resume. Either party, 8.21 through motion to the court, may challenge the suspension or 8.22 resumption of the collection of the amount allocated for child 8.23 care expenses. All provisions of the court order remain in 8.24 effect even though the public authority suspends collection 8.25 activities for the amount allocated for child care expenses. In 8.26 these and other cases where there is a substantial increase or 8.27 decrease in child care expenses, the parties may modify the 8.28 order under section 518.64. 8.29 The court may allow the obligor parent to care for the 8.30 child while the obligee parent is working, as provided in 8.31 section 518.175, subdivision 8, but this is not a reason to 8.32 deviate from the guidelines. 8.33 (c) In addition to the child support guidelines, the court 8.34 shall take into consideration the following factors in setting 8.35 or modifying child support or in determining whether to deviate 8.36 from the guidelines: 9.1 (1) all earnings, income, and resources of the parents, 9.2 including real and personal property, but excluding income from 9.3 excess employment of the obligor or obligee that meets the 9.4 criteria of paragraph (b), clause (2)(ii); 9.5 (2) the financial needs and resources, physical and 9.6 emotional condition, and educational needs of the child or 9.7 children to be supported; 9.8 (3) the standard of living the child would have enjoyed had 9.9 the marriage not been dissolved, but recognizing that the 9.10 parents now have separate households; 9.11 (4) which parent receives the income taxation dependency 9.12 exemption and what financial benefit the parent receives from 9.13 it; 9.14 (5) the parents' debts as provided in paragraph (d); and 9.15 (6) the obligor's receipt of public assistance under the 9.16 AFDC program formerly codified under sections 256.72 to 256.82 9.17 or 256B.01 to 256B.40 and chapter 256J or 256K. 9.18 (d) In establishing or modifying a support obligation, the 9.19 court may consider debts owed to private creditors, but only if: 9.20 (1) the right to support has not been assigned under 9.21 section 256.741; 9.22 (2) the court determines that the debt was reasonably 9.23 incurred for necessary support of the child or parent or for the 9.24 necessary generation of income. If the debt was incurred for 9.25 the necessary generation of income, the court shall consider 9.26 only the amount of debt that is essential to the continuing 9.27 generation of income; and 9.28 (3) the party requesting a departure produces a sworn 9.29 schedule of the debts, with supporting documentation, showing 9.30 goods or services purchased, the recipient of them, the amount 9.31 of the original debt, the outstanding balance, the monthly 9.32 payment, and the number of months until the debt will be fully 9.33 paid. 9.34 (e) Any schedule prepared under paragraph (d), clause (3), 9.35 shall contain a statement that the debt will be fully paid after 9.36 the number of months shown in the schedule, barring emergencies 10.1 beyond the party's control. 10.2 (f) Any further departure below the guidelines that is 10.3 based on a consideration of debts owed to private creditors 10.4 shall not exceed 18 months in duration, after which the support 10.5 shall increase automatically to the level ordered by the court. 10.6 Nothing in this section shall be construed to prohibit one or 10.7 more step increases in support to reflect debt retirement during 10.8 the 18-month period. 10.9 (g) If payment of debt is ordered pursuant to this section, 10.10 the payment shall be ordered to be in the nature of child 10.11 support. 10.12 (h) Nothing shall preclude the court from receiving 10.13 evidence on the above factors to determine if the guidelines 10.14 should be exceeded or modified in a particular case. 10.15 (i) The guidelines in this subdivision are a rebuttable 10.16 presumption and shall be used in all cases when establishing or 10.17 modifying child support. If the court does not deviate from the 10.18 guidelines, the court shall make written findings concerning the 10.19 amount of the obligor's income used as the basis for the 10.20 guidelines calculation and any other significant evidentiary 10.21 factors affecting the determination of child support. If the 10.22 court deviates from the guidelines, the court shall make written 10.23 findings giving the amount of support calculated under the 10.24 guidelines, the reasons for the deviation, and shall 10.25 specifically address the criteria in paragraph (c) and how the 10.26 deviation serves the best interest of the child. The court may 10.27 deviate from the guidelines if both parties agree and the court 10.28 makes written findings that it is in the best interests of the 10.29 child, except that in cases where child support payments are 10.30 assigned to the public agency under section 256.741, the court 10.31 may deviate downward only as provided in paragraph (j). Nothing 10.32 in this paragraph prohibits the court from deviating in other 10.33 cases. The provisions of this paragraph apply whether or not 10.34 the parties are each represented by independent counsel and have 10.35 entered into a written agreement. The court shall review 10.36 stipulations presented to it for conformity to the guidelines 11.1 and the court is not required to conduct a hearing, but the 11.2 parties shall provide the documentation of earnings required 11.3 under subdivision 5b. 11.4 (j) If the child support payments are assigned to the 11.5 public agency under section 256.741, the court may not deviate 11.6 downward from the child support guidelines unless the court 11.7 specifically finds that the failure to deviate downward would 11.8 impose an extreme hardship on the obligor. 11.9 (k) The dollar amount of the income limit for application 11.10 of the guidelines must be adjusted on July 1 of every 11.11 even-numbered year to reflect cost-of-living changes. The 11.12 supreme court shall select the index for the adjustment from the 11.13 indices listed in section 518.641. The state court 11.14 administrator shall make the changes in the dollar amount 11.15 required by this paragraph available to courts and the public on 11.16 or before April 30 of the year in which the amount is to change. 11.17 (l) In establishing or modifying child support, if a child 11.18 receives a child's insurance benefit under United States Code, 11.19 title 42, section 402, because the obligor is entitled to old 11.20 age or disability insurance benefits, the amount of support 11.21 ordered shall be offset by the amount of the child's benefit. 11.22 The court shall make findings regarding the obligor's income 11.23 from all sources, the child support amount calculated under this 11.24 section, the amount of the child's benefit, and the obligor's 11.25 child support obligation. Any benefit received by the child in 11.26 a given month in excess of the child support obligation shall 11.27 not be treated as an arrearage payment or a future payment. 11.28 Sec. 5. Minnesota Statutes 2002, section 518.551, 11.29 subdivision 12, is amended to read: 11.30 Subd. 12. [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 11.31 motion of an obligee, if the court finds that the obligor is or 11.32 may be licensed by a licensing board listed in section 214.01 or 11.33 other state, county, or municipal agency or board that issues an 11.34 occupational license and the obligor is in arrears in 11.35 court-ordered child support or maintenance payments or both in 11.36 an amount equal to or greater than three times the obligor's 12.1 total monthly support and maintenance payments and is not in 12.2 compliance with a written payment agreement pursuant to section 12.3 518.553 that is approved by the court, a child support 12.4 magistrate, or the public authority, the court shall direct the 12.5 licensing board or other licensing agency to suspend the license 12.6 under section 214.101. The court's order must be stayed for 90 12.7 days in order to allow the obligor to execute a written payment 12.8 agreement pursuant to section 518.553. The payment agreement 12.9 must be approved by either the court or the public authority 12.10 responsible for child support enforcement. If the obligor has 12.11 not executed or is not in compliance with a written payment 12.12 agreement pursuant to section 518.553 after the 90 days expires, 12.13 the court's order becomes effective. If the obligor is a 12.14 licensed attorney, the court shall report the matter to the 12.15 lawyers professional responsibility board for appropriate action 12.16 in accordance with the rules of professional conduct. The 12.17 remedy under this subdivision is in addition to any other 12.18 enforcement remedy available to the court. 12.19 (b) If a public authority responsible for child support 12.20 enforcement finds that the obligor is or may be licensed by a 12.21 licensing board listed in section 214.01 or other state, county, 12.22 or municipal agency or board that issues an occupational license 12.23 and the obligor is in arrears in court-ordered child support or 12.24 maintenance payments or both in an amount equal to or greater 12.25 than three times the obligor's total monthly support and 12.26 maintenance payments and is not in compliance with a written 12.27 payment agreement pursuant to section 518.553 that is approved 12.28 by the court, a child support magistrate, or the public 12.29 authority, the court or the public authority shall direct the 12.30 licensing board or other licensing agency to suspend the license 12.31 under section 214.101. If the obligor is a licensed attorney, 12.32 the public authority may report the matter to the lawyers 12.33 professional responsibility board for appropriate action in 12.34 accordance with the rules of professional conduct. The remedy 12.35 under this subdivision is in addition to any other enforcement 12.36 remedy available to the public authority. 13.1 (c) At least 90 days before notifying a licensing authority 13.2 or the lawyers professional responsibility board under paragraph 13.3 (b), the public authority shall mail a written notice to the 13.4 license holder addressed to the license holder's last known 13.5 address that the public authority intends to seek license 13.6 suspension under this subdivision and that the license holder 13.7 must request a hearing within 30 days in order to contest the 13.8 suspension. If the license holder makes a written request for a 13.9 hearing within 30 days of the date of the notice, a court 13.10 hearing or a hearing under section 484.702 must be held. 13.11 Notwithstanding any law to the contrary, the license holder must 13.12 be served with 14 days' notice in writing specifying the time 13.13 and place of the hearing and the allegations against the license 13.14 holder. The notice may be served personally or by mail. If the 13.15 public authority does not receive a request for a hearing within 13.16 30 days of the date of the notice, and the obligor does not 13.17 execute a written payment agreement pursuant to section 518.553 13.18 that is approved by the public authority within 90 days of the 13.19 date of the notice, the public authority shall direct the 13.20 licensing board or other licensing agency to suspend the 13.21 obligor's license under paragraph (b), or shall report the 13.22 matter to the lawyers professional responsibility board. 13.23 (d) The public authority or the court shall notify the 13.24 lawyers professional responsibility board for appropriate action 13.25 in accordance with the rules of professional responsibility 13.26 conduct or order the licensing board or licensing agency to 13.27 suspend the license if the judge finds that: 13.28 (1) the person is licensed by a licensing board or other 13.29 state agency that issues an occupational license; 13.30 (2) the person has not made full payment of arrearages 13.31 found to be due by the public authority; and 13.32 (3) the person has not executed or is not in compliance 13.33 with a payment plan approved by the court, a child support 13.34 magistrate, or the public authority. 13.35 (e) Within 15 days of the date on which the obligor either 13.36 makes full payment of arrearages found to be due by the court or 14.1 public authority or executes and initiates good faith compliance 14.2 with a written payment plan approved by the court, a child 14.3 support magistrate, or the public authority, the court, a child 14.4 support magistrate, or the public authority responsible for 14.5 child support enforcement shall notify the licensing board or 14.6 licensing agency or the lawyers professional responsibility 14.7 board that the obligor is no longer ineligible for license 14.8 issuance, reinstatement, or renewal under this subdivision. 14.9 (f) In addition to the criteria established under this 14.10 section for the suspension of an obligor's occupational license, 14.11 a court, a child support magistrate, or the public authority may 14.12 direct the licensing board or other licensing agency to suspend 14.13 the license of a party who has failed, after receiving notice, 14.14 to comply with a subpoena relating to a paternity or child 14.15 support proceeding. Notice to an obligor of intent to suspend 14.16 must be served by first class mail at the obligor's last known 14.17 address. The notice must inform the obligor of the right to 14.18 request a hearing. If the obligor makes a written request 14.19 within ten days of the date of the hearing, a hearing must be 14.20 held. At the hearing, the only issues to be considered are 14.21 mistake of fact and whether the obligor received the subpoena. 14.22 (g) The license of an obligor who fails to remain in 14.23 compliance with an approved written payment agreement may be 14.24 suspended.Notice to the obligor of an intent to suspend under14.25this paragraph must be served by first class mail at the14.26obligor's last known address and must include a notice of14.27hearing. The notice must be served upon the obligor not less14.28than ten days before the date of the hearing.Prior to 14.29 suspending a license for noncompliance with an approved written 14.30 payment agreement, the public authority must mail to the 14.31 obligor's last known address a written notice that (1) it 14.32 intends to seek suspension of the obligor's occupational license 14.33 under this paragraph, and (2) the obligor must request a 14.34 hearing, within 30 days of the date of the notice, to contest 14.35 the suspension. If, within 30 days of the date of the notice, 14.36 the public authority does not receive a written request for a 15.1 hearing and the obligor does not comply with an approved written 15.2 payment agreement, the public authority must direct the 15.3 licensing board or other licensing agency to suspend the 15.4 obligor's license under paragraph (b), and, if the obligor is a 15.5 licensed attorney, must report the matter to the lawyers 15.6 professional responsibility board. If the obligor makes a 15.7 written request for a hearing within 30 days of the date of the 15.8 notice, a court hearing must be held. Notwithstanding any law 15.9 to the contrary, the obligor must be served with 14 days' notice 15.10 in writing specifying the time and place of the hearing and the 15.11 allegations against the obligor. The notice may be served 15.12 personally or by mail to the obligor's last known address. If 15.13 the obligor appears at the hearing and thejudgecourt 15.14 determines that the obligor has failed to comply with an 15.15 approved written payment agreement, thejudge shallcourt must 15.16 notify the occupational licensing board or other licensing 15.17 agency to suspend the obligor's license under paragraph(c)(b) 15.18 and, if the obligor is a licensed attorney, must report the 15.19 matter to the lawyers professional responsibility board. If the 15.20 obligor fails to appear at the hearing, thepublic authority may15.21 court must notify the occupationalorlicensing board or other 15.22 licensing agency to suspend the obligor's license under 15.23 paragraph(c)(b), and if the obligor is a licensed attorney, 15.24 must report the matter to the lawyers professional 15.25 responsibility board. 15.26 Sec. 6. Minnesota Statutes 2002, section 518.551, 15.27 subdivision 13, is amended to read: 15.28 Subd. 13. [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 15.29 of an obligee, which has been properly served on the obligor and 15.30 upon which there has been an opportunity for hearing, if a court 15.31 finds that the obligor has been or may be issued a driver's 15.32 license by the commissioner of public safety and the obligor is 15.33 in arrears in court-ordered child support or maintenance 15.34 payments, or both, in an amount equal to or greater than three 15.35 times the obligor's total monthly support and maintenance 15.36 payments and is not in compliance with a written payment 16.1 agreement pursuant to section 518.553 that is approved by the 16.2 court, a child support magistrate, or the public authority, the 16.3 court shall order the commissioner of public safety to suspend 16.4 the obligor's driver's license. The court's order must be 16.5 stayed for 90 days in order to allow the obligor to execute a 16.6 written payment agreement pursuant to section 518.553. The 16.7 payment agreement must be approved by either the court or the 16.8 public authority responsible for child support enforcement. If 16.9 the obligor has not executed or is not in compliance with a 16.10 written payment agreement pursuant to section 518.553 after the 16.11 90 days expires, the court's order becomes effective and the 16.12 commissioner of public safety shall suspend the obligor's 16.13 driver's license. The remedy under this subdivision is in 16.14 addition to any other enforcement remedy available to the 16.15 court. An obligee may not bring a motion under this paragraph 16.16 within 12 months of a denial of a previous motion under this 16.17 paragraph. 16.18 (b) If a public authority responsible for child support 16.19 enforcement determines that the obligor has been or may be 16.20 issued a driver's license by the commissioner of public safety 16.21 and the obligor is in arrears in court-ordered child support or 16.22 maintenance payments or both in an amount equal to or greater 16.23 than three times the obligor's total monthly support and 16.24 maintenance payments and not in compliance with a written 16.25 payment agreement pursuant to section 518.553 that is approved 16.26 by the court, a child support magistrate, or the public 16.27 authority, the public authority shall direct the commissioner of 16.28 public safety to suspend the obligor's driver's license. The 16.29 remedy under this subdivision is in addition to any other 16.30 enforcement remedy available to the public authority. 16.31 (c) At least 90 days prior to notifying the commissioner of 16.32 public safety according to paragraph (b), the public authority 16.33 must mail a written notice to the obligor at the obligor's last 16.34 known address, that it intends to seek suspension of the 16.35 obligor's driver's license and that the obligor must request a 16.36 hearing within 30 days in order to contest the suspension. If 17.1 the obligor makes a written request for a hearing within 30 days 17.2 of the date of the notice, a court hearing must be held. 17.3 Notwithstanding any law to the contrary, the obligor must be 17.4 served with 14 days' notice in writing specifying the time and 17.5 place of the hearing and the allegations against the obligor. 17.6 The notice must include information that apprises the obligor of 17.7 the requirement to develop a written payment agreement that is 17.8 approved by a court, a child support magistrate, or the public 17.9 authority responsible for child support enforcement regarding 17.10 child support, maintenance, and any arrearages in order to avoid 17.11 license suspension. The notice may be served personally or by 17.12 mail. If the public authority does not receive a request for a 17.13 hearing within 30 days of the date of the notice, and the 17.14 obligor does not execute a written payment agreement pursuant to 17.15 section 518.553 that is approved by the public authority within 17.16 90 days of the date of the notice, the public authority shall 17.17 direct the commissioner of public safety to suspend the 17.18 obligor's driver's license under paragraph (b). 17.19 (d) At a hearing requested by the obligor under paragraph 17.20 (c), and on finding that the obligor is in arrears in 17.21 court-ordered child support or maintenance payments or both in 17.22 an amount equal to or greater than three times the obligor's 17.23 total monthly support and maintenance payments, the district 17.24 court or child support magistrate shall order the commissioner 17.25 of public safety to suspend the obligor's driver's license or 17.26 operating privileges unless the court or child support 17.27 magistrate determines that the obligor has executed and is in 17.28 compliance with a written payment agreement pursuant to section 17.29 518.553 that is approved by the court, a child support 17.30 magistrate, or the public authority. 17.31 (e) An obligor whose driver's license or operating 17.32 privileges are suspended may: 17.33 (1) provide proof to the public authority responsible for 17.34 child support enforcement that the obligor is in compliance with 17.35 all written payment agreements pursuant to section 518.553; 17.36 (2) bring a motion for reinstatement of the driver's 18.1 license. At the hearing, if the court or child support 18.2 magistrate orders reinstatement of the driver's license, the 18.3 court or child support magistrate must establish a written 18.4 payment agreement pursuant to section 518.553; or 18.5 (3) seek a limited license under section 171.30. A limited 18.6 license issued to an obligor under section 171.30 expires 90 18.7 days after the date it is issued. 18.8 Within 15 days of the receipt of that proof or a court 18.9 order, the public authority shall inform the commissioner of 18.10 public safety that the obligor's driver's license or operating 18.11 privileges should no longer be suspended. 18.12 (f) On January 15, 1997, and every two years after that, 18.13 the commissioner of human services shall submit a report to the 18.14 legislature that identifies the following information relevant 18.15 to the implementation of this section: 18.16 (1) the number of child support obligors notified of an 18.17 intent to suspend a driver's license; 18.18 (2) the amount collected in payments from the child support 18.19 obligors notified of an intent to suspend a driver's license; 18.20 (3) the number of cases paid in full and payment agreements 18.21 executed in response to notification of an intent to suspend a 18.22 driver's license; 18.23 (4) the number of cases in which there has been 18.24 notification and no payments or payment agreements; 18.25 (5) the number of driver's licenses suspended; 18.26 (6) the cost of implementation and operation of the 18.27 requirements of this section; and 18.28 (7) the number of limited licenses issued and number of 18.29 cases in which payment agreements are executed and cases are 18.30 paid in full following issuance of a limited license. 18.31 (g) In addition to the criteria established under this 18.32 section for the suspension of an obligor's driver's license, a 18.33 court, a child support magistrate, or the public authority may 18.34 direct the commissioner of public safety to suspend the license 18.35 of a party who has failed, after receiving notice, to comply 18.36 with a subpoena relating to a paternity or child support 19.1 proceeding. Notice to an obligor of intent to suspend must be 19.2 served by first class mail at the obligor's last known address. 19.3 The notice must inform the obligor of the right to request a 19.4 hearing. If the obligor makes a written request within ten days 19.5 of the date of the hearing, a hearing must be held. At the 19.6 hearing, the only issues to be considered are mistake of fact 19.7 and whether the obligor received the subpoena. 19.8 (h) The license of an obligor who fails to remain in 19.9 compliance with an approved written payment agreement may be 19.10 suspended.Notice to the obligor of an intent to suspend under19.11this paragraph must be served by first class mail at the19.12obligor's last known address and must include a notice of19.13hearing. The notice must be served upon the obligor not less19.14than ten days before the date of the hearing.Prior to 19.15 suspending a license for noncompliance with an approved written 19.16 payment agreement, the public authority must mail to the 19.17 obligor's last known address a written notice that (1) it 19.18 intends to seek suspension of the obligor's driver's license 19.19 under this paragraph, and (2) the obligor must request a 19.20 hearing, within 30 days of the date of the notice, to contest 19.21 the suspension. If, within 30 days of the date of the notice, 19.22 the public authority does not receive a written request for a 19.23 hearing and the obligor does not comply with an approved written 19.24 payment agreement, the public authority must direct the 19.25 department of public safety to suspend the obligor's license 19.26 under paragraph (b). If the obligor makes a written request for 19.27 a hearing within 30 days of the date of the notice, a court 19.28 hearing must be held. Notwithstanding any law to the contrary, 19.29 the obligor must be served with 14 days' notice in writing 19.30 specifying the time and place of the hearing and the allegations 19.31 against the obligor. The notice may be served personally or by 19.32 mail at the obligor's last known address. If the obligor 19.33 appears at the hearing and thejudgecourt determines that the 19.34 obligor has failed to comply with an approved written payment 19.35 agreement, thejudgecourt shall notify the department of public 19.36 safety to suspend the obligor's license under 20.1 paragraph(c)(b). If the obligor fails to appear at the 20.2 hearing, thepublic authority maycourt must notify the 20.3 department of public safety to suspend the obligor's license 20.4 under paragraph(c)(b). 20.5 Sec. 7. Minnesota Statutes 2002, section 518.6111, 20.6 subdivision 7, is amended to read: 20.7 Subd. 7. [SUBSEQUENT INCOME WITHHOLDING.] (a) This 20.8 subdivision applies to support orders that do not contain 20.9 provisions for income withholding. 20.10 (b) For cases in which the public authority is providing 20.11 child support enforcement services to the parties, the income 20.12 withholding under this subdivision shall take effect without 20.13 prior judicial notice to the obligor and without the need for 20.14 judicial or administrative hearing. Withholding shall result 20.15 when: 20.16 (1) the obligor requests it in writing to the public 20.17 authority; 20.18 (2) the obligee or obligor serves on the public authority a 20.19 copy of the notice of income withholding, a copy of the court's 20.20 order, an application, and the fee to use the public authority's 20.21 collection services; or 20.22 (3) the public authority commences withholding according to 20.23 section 518.5513, subdivision65, paragraph (a), clause (5). 20.24 (c) For cases in which the public authority is not 20.25 providing child support services to the parties, income 20.26 withholding under this subdivision shall take effect when an 20.27 obligee requests it by making a written motion to the court and 20.28 the court finds that previous support has not been paid on a 20.29 timely consistent basis or that the obligor has threatened 20.30 expressly or otherwise to stop or reduce payments. 20.31 (d) Within two days after the public authority commences 20.32 withholding under this subdivision, the public authority shall 20.33 send to the obligor at the obligor's last known address, notice 20.34 that withholding has commenced. The notice shall include the 20.35 information provided to the payor of funds in the notice of 20.36 withholding. 21.1 Sec. 8. Minnesota Statutes 2002, section 518.68, 21.2 subdivision 2, is amended to read: 21.3 Subd. 2. [CONTENTS.] The required notices must be 21.4 substantially as follows: 21.5 IMPORTANT NOTICE 21.6 1. PAYMENTS TO PUBLIC AGENCY 21.7 According to Minnesota Statutes, section 518.551, 21.8 subdivision 1, payments ordered for maintenance and support 21.9 must be paid to the public agency responsible for child 21.10 support enforcement as long as the person entitled to 21.11 receive the payments is receiving or has applied for public 21.12 assistance or has applied for support and maintenance 21.13 collection services. MAIL PAYMENTS TO: 21.14 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 21.15 FELONY 21.16 A person may be charged with a felony who conceals a minor 21.17 child or takes, obtains, retains, or fails to return a 21.18 minor child from or to the child's parent (or person with 21.19 custodial or visitation rights), according to Minnesota 21.20 Statutes, section 609.26. A copy of that section is 21.21 available from any district court clerk. 21.22 3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 21.23 A person who fails to pay court-ordered child support or 21.24 maintenance may be charged with a crime, which may include 21.25 misdemeanor, gross misdemeanor, or felony charges, 21.26 according to Minnesota Statutes, section 609.375. A copy 21.27 of that section is available from any district court clerk. 21.28 4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 21.29 (a) Payment of support or spousal maintenance is to be as 21.30 ordered, and the giving of gifts or making purchases of 21.31 food, clothing, and the like will not fulfill the 21.32 obligation. 21.33 (b) Payment of support must be made as it becomes due, and 21.34 failure to secure or denial of parenting time is NOT an 21.35 excuse for nonpayment, but the aggrieved party must seek 21.36 relief through a proper motion filed with the court. 22.1 (c) Nonpayment of support is not grounds to deny parenting 22.2 time. The party entitled to receive support may apply for 22.3 support and collection services, file a contempt motion, or 22.4 obtain a judgment as provided in Minnesota Statutes, 22.5 section 548.091. 22.6 (d) The payment of support or spousal maintenance takes 22.7 priority over payment of debts and other obligations. 22.8 (e) A party who accepts additional obligations of support 22.9 does so with the full knowledge of the party's prior 22.10 obligation under this proceeding. 22.11 (f) Child support or maintenance is based on annual income, 22.12 and it is the responsibility of a person with seasonal 22.13 employment to budget income so that payments are made 22.14 throughout the year as ordered. 22.15 (g) If the obligor is laid off from employment or receives 22.16 a pay reduction, support may be reduced, but only if a 22.17 motion to reduce the support is served and filed with the 22.18 court. Any reduction will take effect only if ordered by 22.19 the court and may only relate back to the time that the 22.20 motion is filed. If a motion is not filed, the support 22.21 obligation will continue at the current level. The court 22.22 is not permitted to reduce support retroactively, except as 22.23 provided in Minnesota Statutes, section 518.64, subdivision 22.24 2, paragraph (c). 22.25 (h) Reasonable parenting time guidelines are contained in 22.26 Appendix B, which is available from the court administrator. 22.27 (i) The nonpayment of support may be enforced through the 22.28 denial of student grants; interception of state and federal 22.29 tax refunds; suspension of driver's, recreational, and 22.30 occupational licenses; referral to the department of 22.31 revenue or private collection agencies; seizure of assets, 22.32 including bank accounts and other assets held by financial 22.33 institutions; reporting to credit bureaus; interest 22.34 charging, income withholding, and contempt proceedings; and 22.35 other enforcement methods allowed by law. 22.36 (j) The public authority may suspend or resume collection 23.1 of the amount allocated for child care expenses if the 23.2 conditions of Minnesota Statutes, section 518.551, 23.3 subdivision 5, paragraph (b), are met. 23.4 5. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 23.5 SUBDIVISION 3 23.6 Unless otherwise provided by the Court: 23.7 (a) Each party has the right of access to, and to receive 23.8 copies of, school, medical, dental, religious training, and 23.9 other important records and information about the minor 23.10 children. Each party has the right of access to 23.11 information regarding health or dental insurance available 23.12 to the minor children. Presentation of a copy of this 23.13 order to the custodian of a record or other information 23.14 about the minor children constitutes sufficient 23.15 authorization for the release of the record or information 23.16 to the requesting party. 23.17 (b) Each party shall keep the other informed as to the name 23.18 and address of the school of attendance of the minor 23.19 children. Each party has the right to be informed by 23.20 school officials about the children's welfare, educational 23.21 progress and status, and to attend school and parent 23.22 teacher conferences. The school is not required to hold a 23.23 separate conference for each party. 23.24 (c) In case of an accident or serious illness of a minor 23.25 child, each party shall notify the other party of the 23.26 accident or illness, and the name of the health care 23.27 provider and the place of treatment. 23.28 (d) Each party has the right of reasonable access and 23.29 telephone contact with the minor children. 23.30 6. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 23.31 Child support and/or spousal maintenance may be withheld 23.32 from income, with or without notice to the person obligated 23.33 to pay, when the conditions of Minnesota Statutes, section 23.34 518.6111 have been met. A copy of those sections is 23.35 available from any district court clerk. 23.36 7. CHANGE OF ADDRESS OR RESIDENCE 24.1 Unless otherwise ordered, each party shall notify the other 24.2 party, the court, and the public authority responsible for 24.3 collection, if applicable, of the following information 24.4 within ten days of any change: the residential and mailing 24.5 address, telephone number, driver's license number, social 24.6 security number, and name, address, and telephone number of 24.7 the employer. 24.8 8. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 24.9 Child support and/or spousal maintenance may be adjusted 24.10 every two years based upon a change in the cost of living 24.11 (using Department of Labor Consumer Price Index .........., 24.12 unless otherwise specified in this order) when the 24.13 conditions of Minnesota Statutes, section 518.641, are met. 24.14 Cost of living increases are compounded. A copy of 24.15 Minnesota Statutes, section 518.641, and forms necessary to 24.16 request or contest a cost of living increase are available 24.17 from any district court clerk. 24.18 9. JUDGMENTS FOR UNPAID SUPPORT 24.19 If a person fails to make a child support payment, the 24.20 payment owed becomes a judgment against the person 24.21 responsible to make the payment by operation of law on or 24.22 after the date the payment is due, and the person entitled 24.23 to receive the payment or the public agency may obtain 24.24 entry and docketing of the judgment WITHOUT NOTICE to the 24.25 person responsible to make the payment under Minnesota 24.26 Statutes, section 548.091. Interest begins to accrue on a 24.27 payment or installment of child support whenever the unpaid 24.28 amount due is greater than the current support due, 24.29 according to Minnesota Statutes, section 548.091, 24.30 subdivision 1a. 24.31 10. JUDGMENTS FOR UNPAID MAINTENANCE 24.32 A judgment for unpaid spousal maintenance may be entered 24.33 when the conditions of Minnesota Statutes, section 548.091, 24.34 are met. A copy of that section is available from any 24.35 district court clerk. 24.36 11. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 25.1 SUPPORT 25.2 A judgment for attorney fees and other collection costs 25.3 incurred in enforcing a child support order will be entered 25.4 against the person responsible to pay support when the 25.5 conditions of section 518.14, subdivision 2, are met. A 25.6 copy of section 518.14 and forms necessary to request or 25.7 contest these attorney fees and collection costs are 25.8 available from any district court clerk. 25.9 12. PARENTING TIME EXPEDITOR PROCESS 25.10 On request of either party or on its own motion, the court 25.11 may appoint a parenting time expeditor to resolve parenting 25.12 time disputes under Minnesota Statutes, section 518.1751. 25.13 A copy of that section and a description of the expeditor 25.14 process is available from any district court clerk. 25.15 13. PARENTING TIME REMEDIES AND PENALTIES 25.16 Remedies and penalties for the wrongful denial of parenting 25.17 time are available under Minnesota Statutes, section 25.18 518.175, subdivision 6. These include compensatory 25.19 parenting time; civil penalties; bond requirements; 25.20 contempt; and reversal of custody. A copy of that 25.21 subdivision and forms for requesting relief are available 25.22 from any district court clerk. 25.23 Sec. 9. Minnesota Statutes 2002, section 548.091, 25.24 subdivision 1a, is amended to read: 25.25 Subd. 1a. [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.] 25.26 (a) Any payment or installment of support required by a judgment 25.27 or decree of dissolution or legal separation, determination of 25.28 parentage, an order under chapter 518C, an order under section 25.29 256.87, or an order under section 260B.331 or 260C.331, that is 25.30 not paid or withheld from the obligor's income as required under 25.31 section 518.6111, or which is ordered as child support by 25.32 judgment, decree, or order by a court in any other state, is a 25.33 judgment by operation of law on and after the date it is due, is 25.34 entitled to full faith and credit in this state and any other 25.35 state, and shall be entered and docketed by the court 25.36 administrator on the filing of affidavits as provided in 26.1 subdivision 2a. Except as otherwise provided by paragraph (b), 26.2 interest accrues from the date the unpaid amount due is greater 26.3 than the current support due at the annual rate provided in 26.4 section 549.09, subdivision 1, plus two percent, not to exceed 26.5 an annual rate of 18 percent. A payment or installment of 26.6 support that becomes a judgment by operation of law between the 26.7 date on which a party served notice of a motion for modification 26.8 under section 518.64, subdivision 2, and the date of the court's 26.9 order on modification may be modified under that subdivision. 26.10 (b) Notwithstanding the provisions of section 549.09, upon 26.11 motion to the court and upon proof by the obligor of3612 26.12 consecutive months of complete and timely payments of both 26.13 current support and court-ordered paybacks of a child support 26.14 debt or arrearage, the court may order interest on the remaining 26.15 debt or arrearage to stop accruing. Timely payments are those 26.16 made in the month in which they are due. If, after that time, 26.17 the obligor fails to make complete and timely payments of both 26.18 current support and court-ordered paybacks of child support debt 26.19 or arrearage, the public authority or the obligee may move the 26.20 court for the reinstatement of interest as of the month in which 26.21 the obligor ceased making complete and timely payments. 26.22 The court shall provide copies of all orders issued under 26.23 this section to the public authority. The state court 26.24 administrator shall prepare and make available to the court and 26.25 the parties forms to be submitted by the parties in support of a 26.26 motion under this paragraph. 26.27 (c) Notwithstanding the provisions of section 549.09, upon 26.28 motion to the court, the court may order interest on a child 26.29 support debt or arrearage to stop accruing where the court finds 26.30 that the obligor is: 26.31 (1) unable to pay support because of a significant physical 26.32 or mental disability; 26.33 (2) a recipient of Supplemental Security Income (SSI), 26.34 Title II Older Americans Survivor's Disability Insurance 26.35 (OASDI), other disability benefits, or public assistance based 26.36 upon need; or 27.1 (3) institutionalized or incarcerated for at least 30 days 27.2 for an offense other than nonsupport of the child or children 27.3 involved, and is otherwise financially unable to pay support. 27.4 If the conditions in this subsection no longer exist, upon 27.5 motion to the court, the court may order interest accrual to 27.6 resume retroactive to the date of service of the motion to 27.7 resume the accrual of interest. 27.8 Sec. 10. Minnesota Statutes 2002, section 552.01, 27.9 subdivision 2, is amended to read: 27.10 Subd. 2. [PUBLIC AUTHORITY.] "Public authority" means the 27.11 public authority in any state, U.S. territory, or tribal 27.12 jurisdiction responsible for child support enforcement. 27.13 Sec. 11. Minnesota Statutes 2002, section 552.01, 27.14 subdivision 3, is amended to read: 27.15 Subd. 3. [JUDGMENT DEBTOR.] "Judgment debtor" means an 27.16 obligor against whomthe public authority hasa judgment exists 27.17 for the recovery of money owed pursuant to a support order as 27.18 defined in section 518.54. 27.19 Sec. 12. Minnesota Statutes 2002, section 552.01, 27.20 subdivision 5, is amended to read: 27.21 Subd. 5. [CLAIM.] "Claim" means the unpaid balance of 27.22 thepublic authority'sjudgment against the judgment debtor, 27.23 including all lawful interest and costs incurred. 27.24 Sec. 13. Minnesota Statutes 2002, section 552.01, 27.25 subdivision 7, is amended to read: 27.26 Subd. 7. [JUDGMENT.] "Judgment" means a child support 27.27 judgmentby operation of lawunder section 548.09 or 548.091, 27.28subdivision 1awhether or not entered and docketed, orunder a27.29proceeding under section 548.091, subdivision 2aobtained by the 27.30 public authority of another state under that state's 27.31 jurisdiction by a law or similar process. 27.32 Sec. 14. Minnesota Statutes 2002, section 552.04, 27.33 subdivision 15, is amended to read: 27.34 Subd. 15. [APPEAL.] A party to an execution proceeding 27.35 aggrieved by an order or final judgment may appeal as allowed by 27.36 law in the jurisdiction of the initiating public authority. 28.1 Sec. 15. Minnesota Statutes 2002, section 552.06, 28.2 subdivision 1, is amended to read: 28.3 Subdivision 1. [COMMENCEMENT OF SUMMARY EXECUTION.] (a) 28.4 This section applies to a judgment debtor who is in arrears in 28.5 court-ordered support payments in an amount equal to or greater 28.6 than five times the judgment debtor's total support order. 28.7 (b) Section 518.5513 applies to this section, except if it 28.8 conflicts with the specific provisions of this section, this 28.9 section applies. 28.10 (c) Time frames set out in the Rules of Civil Procedure 28.11 that are inconsistent with this section do not apply to this 28.12 section. 28.13 (d) The public authority may not proceed with a summary 28.14 execution of support judgment proceeding: 28.15 (1) if the judgment debtor is in compliance with a 28.16 previously executed written payment agreement approved by the 28.17 public authority or the court; and 28.18 (2) until after the judgment has been submitted for federal 28.19 or state tax intercept. 28.20 (e) Upon receipt of information under section 13B.06 or if 28.21 initiated by the public authority of another jurisdiction, upon 28.22 information obtained pursuant to similar law in that public 28.23 authority's jurisdiction, that a judgment debtor holds an 28.24 account at the financial institution, the public authority may 28.25 send the financial institution a notice of support judgment levy. 28.26 (f) The support judgment levy and accompanying 28.27 documentation must contain the name of the judgment debtor, the 28.28 judgment debtor's social security number, any necessary 28.29 verifying information, the amount of the judgment, and the 28.30 procedures necessary for the financial institution to process 28.31 the notice of support judgment levy and complete the disclosure 28.32 form. 28.33 (g) Notice of support judgment levy under this section 28.34 commences without notice to the judgment debtor and without the 28.35 need for prior judicial notice or hearing. 28.36 (h) Within three business days after the public authority 29.1 sends the notice of support judgment levy to the financial 29.2 institution, the public authority shall send the judgment debtor 29.3 a copy of the notice of support judgment levy by first class 29.4 mail at the judgment debtor's last known address. In addition 29.5 to the copy of the notice of support judgment levy, information 29.6 must be provided that describes the exemptions a judgment debtor 29.7 may claim and the form and procedure for claiming an exemption, 29.8 the informal resolution process, the responsibilities of the 29.9 judgment debtor, and the procedure and time frames to contest 29.10 the levy. 29.11 Sec. 16. Minnesota Statutes 2002, section 552.06, 29.12 subdivision 2, is amended to read: 29.13 Subd. 2. [RESPONSIBILITIES OF THE FINANCIAL INSTITUTION.] 29.14 (a) Upon receipt by the financial institution of a notice of 29.15 support judgment levy, the financial institution shall seize all 29.16 funds up to and including the amount contained in the notice 29.17 from the judgment debtor's account. 29.18 (b) Forty-five days after receiving the levy, the financial 29.19 institution shall complete the notice of support judgment levy 29.20 and disclosure form and forward it together with the amount 29.21 indicated on line 8 of the disclosure form, not to exceed the 29.22 total amount seized, to the public authority at the address 29.23 indicated in the notice of support judgment levy. 29.24 (c) When the judgment debtor and the public authority 29.25 informally resolve a dispute under subdivision 3 and the public 29.26 authority sends a notice of release to the financial 29.27 institution, the financial institution shall release seized 29.28 funds in accordance with the notice of release. 29.29 (d) If the financial institution receives notice of a 29.30 contest of the summary execution of support judgment, the 29.31 financial institution shall continue to hold the funds during 29.32 the period of contest inclusive of any applicable appeal period 29.33 and, upon receipt of notice to release from the public 29.34 authority, shall send the lesser of the amount indicated in the 29.35 notice of release, or the amount indicated on line 8 of the 29.36 notice of support judgment levy and disclosure form not to 30.1 exceed the total amount seized. 30.2 (e) If a judgment debtor has multiple accounts within the 30.3 financial institution, the financial institution shall seize 30.4 funds in as many accounts of the judgment debtor as is necessary 30.5 to equal the amount contained in the notice of support judgment 30.6 levy. 30.7 (f) A financial institution that receives more than one 30.8 notice of support judgment levy under this section shall 30.9 withhold sufficient funds to satisfy all notices of support 30.10 judgment levy, if possible. 30.11 (g) The Consumer Credit Protection Act, United States Code, 30.12 title 15, section 1673(b), does not apply to funds withheld by a 30.13 financial institution under this section. 30.14 (h) The public authority initiating the levy shall pay a 30.15 fee of $15 per levy to the financial institution. Financial 30.16 institutions and the commissioner of human services shall 30.17 establish procedures to automate the payment of this fee to the 30.18 maximum extent possible for levies initiated by the public 30.19 authority of this state. The fee may be recovered by the public 30.20 authority from the judgment debtor as an allowable cost. 30.21 (i) No financial institution is liable for damages for 30.22 complying with this section. The financial institution may rely 30.23 on the date of mailing or delivery of a notice to it in 30.24 computing any time periods in this section. 30.25 Sec. 17. Minnesota Statutes 2002, section 552.06, 30.26 subdivision 5, is amended to read: 30.27 Subd. 5. [EXEMPTION AND CONTEST.] (a) [PROCESS TO CLAIM 30.28 EXEMPTION.] If the judgment debtor elects to claim an exemption, 30.29 the judgment debtor shall complete the applicable portion of the 30.30 exemption form, sign it under penalty of perjury, and deliver 30.31 one copy to the public authority within 20 calendar days of the 30.32 date postmarked on the correspondence mailed to the judgment 30.33 debtor. Failure of the judgment debtor to deliver the executed 30.34 exemption does not constitute a waiver of any claimed right to 30.35 an exemption. Upon timely receipt of a claim of exemption by 30.36 the public authority, funds not claimed to be exempt by the 31.1 judgment debtor remain subject to the support judgment levy. If 31.2 a claim of exemption is resolved informally, the public 31.3 authority shall proceed according to subdivision 3. 31.4 (b) [PROCESS TO CONTEST.] (1) The judgment debtor may 31.5 contest a support judgment levy on the limited grounds that the 31.6 seizure or the amount seized is improper due to mistake of fact 31.7 or that the funds held in the account are exempt from levy for 31.8 child support purposes under state or federal law. 31.9 (2) If thejudgment debtor chooses to contest the31.10withholdinglevy is initiated by the public authority of this 31.11 state, within 30 calendar days of notice of support judgment 31.12 levy, the debtor shall: 31.13 (i) file a motion with the court administrator in the 31.14 county where the support order originated, including in the 31.15 motion the alleged mistake of fact or the basis for any claim 31.16 that the funds are exempted from withholding; 31.17 (ii) obtain a hearing date from the court administrator; 31.18 and 31.19 (iii) serve the public authority, either personally or by 31.20 fax, with a copy of the notice of motion and motion no later 31.21 than two business days after obtaining a hearing date. 31.22 (3) Financial institutions located in this state must 31.23 comply with levies executed under this chapter by the public 31.24 authority of this state or the public authority of another 31.25 jurisdiction. Any challenge to a levy initiated by the public 31.26 authority from another jurisdiction must be brought in the 31.27 initiating public authority's jurisdiction and is subject to 31.28 that jurisdiction's rules of civil procedure and laws regarding 31.29 summary levy challenges. 31.30 (c) [HEARING.] The hearing date shall be set at the 31.31 earliest practicable time, but the matter must be heard no later 31.32 than ten calendar days from the date a request for hearing is 31.33 made. The court administrator shall schedule these matters to 31.34 be heard in the expedited process before a child support 31.35 magistrate, but may schedule these cases in district court if 31.36 the availability of child support magistrate does not permit a 32.1 hearing to occur within the time frames of this section. This 32.2 paragraph applies only to a levy initiated by the public 32.3 authority of this state. 32.4 Sec. 18. Minnesota Statutes 2002, section 552.06, 32.5 subdivision 6, is amended to read: 32.6 Subd. 6. [FORM.] The state court administrator's office 32.7 shall prepare and make available to the court administrators and 32.8 judgment debtors a form to be submitted by the judgment debtor 32.9 in support of a motion to contestthea support judgment 32.10 levy initiated by the public authority of this state under this 32.11 section. 32.12 Sec. 19. Minnesota Statutes 2002, section 609.375, 32.13 subdivision 2b, is amended to read: 32.14 Subd. 2b. [ATTEMPT TO OBTAIN CONTEMPT ORDER AS 32.15 PREREQUISITE TO PROSECUTION.]A person may not be charged with32.16violating this section unless there has been an attempt to32.17obtain a court order holding the person in contempt for failing32.18to pay support or maintenance under chapter 518To charge a 32.19 person under this section, the state must have convicted the 32.20 person under this section, or the public authority must have 32.21 attempted to obtain an order for contempt for failure to pay 32.22 child support or maintenance under chapter 518, at any time in 32.23 the past.ThisThe requirement of this subdivision is satisfied 32.24 byashowing that reasonable attempts have been made at service 32.25 of the order for contempt. 32.26 Sec. 20. Laws 1997, chapter 245, article 2, section 11, is 32.27 amended to read: 32.28 Sec. 11. [FEDERAL FUNDS FOR VISITATION AND ACCESS.] 32.29 The commissioner of human services may accept on behalf of 32.30 the state any federal funding received under Public Law Number 32.31 104-193 for access and visitation programs, andshall transfer32.32these funds to the state court administrator for the cooperation32.33for the children pilot project and the parent education program32.34under Minnesota Statutes, section 518.571must administer the 32.35 funds for the activities allowed under federal law. The 32.36 commissioner may distribute the funds on a competitive basis and 33.1 must monitor, evaluate, and report on the access and visitation 33.2 programs in accordance with any applicable regulations.