SF 500

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family support enforcement; adopting 
  1.3             changes to the uniform interstate family support act; 
  1.4             amending Minnesota Statutes 1996, sections 518C.101; 
  1.5             518C.205; 518C.207; 518C.304; 518C.305; 518C.306; 
  1.6             518C.307; 518C.501; 518C.603; 518C.605; 518C.606; 
  1.7             518C.611; 518C.612; and 518C.701; proposing coding for 
  1.8             new law in Minnesota Statutes, chapter 518C. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 518C.101, is 
  1.11  amended to read: 
  1.12     518C.101 [DEFINITIONS.] 
  1.13     In this chapter: 
  1.14     (a) "Child" means an individual, whether over or under the 
  1.15  age of majority, who is or is alleged to be owed a duty of 
  1.16  support by the individual's parent or who is or is alleged to be 
  1.17  the beneficiary of a support order directed to the parent. 
  1.18     (b) "Child support order" means a support order for a 
  1.19  child, including a child who has attained the age of majority 
  1.20  under the law of the issuing state. 
  1.21     (c) "Duty of support" means an obligation imposed or 
  1.22  imposable by law to provide support for a child, spouse, or 
  1.23  former spouse, including an unsatisfied obligation to provide 
  1.24  support. 
  1.25     (d) "Home state" means the state in which a child lived 
  1.26  with a parent or a person acting as parent for at least six 
  1.27  consecutive months immediately preceding the time of filing of a 
  2.1   petition or comparable pleading for support and, if a child is 
  2.2   less than six months old, the state in which the child lived 
  2.3   from birth with any of them.  A period of temporary absence of 
  2.4   any of them is counted as part of the six-month or other period. 
  2.5      (e) "Income" includes earnings or other periodic 
  2.6   entitlements to money from any source and any other property 
  2.7   subject to withholding for support under the law of this state. 
  2.8      (f) "Income-withholding order" means an order or other 
  2.9   legal process directed to an obligor's employer or other debtor 
  2.10  under section 518.611 or 518.613, to withhold support from the 
  2.11  income of the obligor. 
  2.12     (g) "Initiating state" means a state in from which a 
  2.13  proceeding is forwarded or in which a proceeding is filed for 
  2.14  forwarding to a responding state under this chapter or a law or 
  2.15  procedure substantially similar to this chapter, or under a law 
  2.16  or procedure substantially similar to the uniform reciprocal 
  2.17  enforcement of support act, or the revised uniform reciprocal 
  2.18  enforcement of support act is filed for forwarding to a 
  2.19  responding state. 
  2.20     (h) "Initiating tribunal" means the authorized tribunal in 
  2.21  an initiating state. 
  2.22     (i) "Issuing state" means the state in which a tribunal 
  2.23  issues a support order or renders a judgment determining 
  2.24  parentage. 
  2.25     (j) "Issuing tribunal" means the tribunal that issues a 
  2.26  support order or renders a judgment determining parentage. 
  2.27     (k) "Law" includes decisional and statutory law and rules 
  2.28  and regulations having the force of law. 
  2.29     (l) "Obligee" means: 
  2.30     (1) an individual to whom a duty of support is or is 
  2.31  alleged to be owed or in whose favor a support order has been 
  2.32  issued or a judgment determining parentage has been rendered; 
  2.33     (2) a state or political subdivision to which the rights 
  2.34  under a duty of support or support order have been assigned or 
  2.35  which has independent claims based on financial assistance 
  2.36  provided to an individual obligee; or 
  3.1      (3) an individual seeking a judgment determining parentage 
  3.2   of the individual's child. 
  3.3      (m) "Obligor" means an individual, or the estate of a 
  3.4   decedent: 
  3.5      (1) who owes or is alleged to owe a duty of support; 
  3.6      (2) who is alleged but has not been adjudicated to be a 
  3.7   parent of a child; or 
  3.8      (3) who is liable under a support order. 
  3.9      (n) "Petition" means a petition or comparable pleading used 
  3.10  pursuant to section 518.5511. 
  3.11     (o) "Register" means to file a support order or judgment 
  3.12  determining parentage in the office of the court administrator. 
  3.13     (p) (o) "Registering tribunal" means a tribunal in which a 
  3.14  support order is registered. 
  3.15     (q) (p) "Responding state" means a state to in which a 
  3.16  proceeding is filed or to which a proceeding is forwarded for 
  3.17  filing from an initiating state under this chapter or a law or 
  3.18  procedure substantially similar to this chapter, or under a law 
  3.19  or procedure substantially similar to the uniform reciprocal 
  3.20  enforcement of support act, or the revised uniform reciprocal 
  3.21  enforcement of support act. 
  3.22     (r) "Responding tribunal" means the authorized tribunal in 
  3.23  a responding state. 
  3.24     (s) "Spousal support order" means a support order for a 
  3.25  spouse or former spouse of the obligor. 
  3.26     (t) "State" means a state of the United States, the 
  3.27  District of Columbia, the Commonwealth of Puerto Rico, the 
  3.28  United States Virgin Islands, or any territory or insular 
  3.29  possession subject to the jurisdiction of the United States.  
  3.30  "State" includes: 
  3.31     (1) an Indian tribe; and 
  3.32     (2) a foreign jurisdiction that has enacted a law or 
  3.33  established procedures for issuance and enforcement of support 
  3.34  orders that are substantially similar to the procedures under 
  3.35  this chapter or the procedures under the uniform reciprocal 
  3.36  enforcement of support act or the revised uniform reciprocal 
  4.1   enforcement of support act.  
  4.2      (u) "Support enforcement agency" means a public official or 
  4.3   agency authorized to: 
  4.4      (1) seek enforcement of support orders or laws relating to 
  4.5   the duty of support; 
  4.6      (2) seek establishment or modification of child support; 
  4.7      (3) seek determination of parentage; or 
  4.8      (4) locate obligors or their assets. 
  4.9      (v) "Support order" means a judgment, decree, or order, 
  4.10  whether temporary, final, or subject to modification, for the 
  4.11  benefit of a child, spouse, or former spouse, which provides for 
  4.12  monetary support, health care, arrearages, or reimbursement, and 
  4.13  may include related costs and fees, interest, income 
  4.14  withholding, attorney's fees, and other relief. 
  4.15     (w) "Tribunal" means a court, administrative agency, or 
  4.16  quasi-judicial entity authorized to establish, enforce, or 
  4.17  modify support orders or to determine parentage. 
  4.18     Sec. 2.  Minnesota Statutes 1996, section 518C.205, is 
  4.19  amended to read: 
  4.20     518C.205 [CONTINUING, EXCLUSIVE JURISDICTION.] 
  4.21     (a) A tribunal of this state issuing a support order 
  4.22  consistent with the law of this state has continuing, exclusive 
  4.23  jurisdiction over a child support order: 
  4.24     (1) as long as this state remains the residence of the 
  4.25  obligor, the individual obligee, or the child for whose benefit 
  4.26  the support order is issued; or 
  4.27     (2) until each individual party has all of the parties who 
  4.28  are individuals have filed written consent consents with the 
  4.29  tribunal of this state for a tribunal of another state to modify 
  4.30  the order and assume continuing, exclusive jurisdiction. 
  4.31     (b) A tribunal of this state issuing a child support order 
  4.32  consistent with the law of this state may not exercise its 
  4.33  continuing jurisdiction to modify the order if the order has 
  4.34  been modified by a tribunal of another state pursuant to this 
  4.35  chapter or a law substantially similar to this chapter. 
  4.36     (c) If a child support order of this state is modified by a 
  5.1   tribunal of another state pursuant to this chapter or a law 
  5.2   substantially similar to this chapter, a tribunal of this state 
  5.3   loses its continuing, exclusive jurisdiction with regard to 
  5.4   prospective enforcement of the order issued in this state, and 
  5.5   may only: 
  5.6      (1) enforce the order that was modified as to amounts 
  5.7   accruing before the modification; 
  5.8      (2) enforce nonmodifiable aspects of that order; and 
  5.9      (3) provide other appropriate relief for violations of that 
  5.10  order which occurred before the effective date of the 
  5.11  modification. 
  5.12     (d) A tribunal of this state shall recognize the 
  5.13  continuing, exclusive jurisdiction of a tribunal of another 
  5.14  state which has issued a child support order pursuant to this 
  5.15  chapter or a law substantially similar to this chapter. 
  5.16     (e) A temporary support order issued ex parte or pending 
  5.17  resolution of a jurisdictional conflict does not create 
  5.18  continuing, exclusive jurisdiction in the issuing tribunal. 
  5.19     (f) A tribunal of this state issuing a support order 
  5.20  consistent with the law of this state has continuing, exclusive 
  5.21  jurisdiction over a spousal support order throughout the 
  5.22  existence of the support obligation.  A tribunal of this state 
  5.23  may not modify a spousal support order issued by a tribunal of 
  5.24  another state having continuing, exclusive jurisdiction over 
  5.25  that order under the law of that state. 
  5.26     Sec. 3.  Minnesota Statutes 1996, section 518C.207, is 
  5.27  amended to read: 
  5.28     518C.207 [RECOGNITION OF CONTROLLING CHILD SUPPORT ORDERS 
  5.29  ORDER.] 
  5.30     (a) If a proceeding is brought under this chapter and only 
  5.31  one tribunal has issued a child support order, the order of that 
  5.32  tribunal is controlling and must be recognized. 
  5.33     (b) If a proceeding is brought under this chapter, and one 
  5.34  two or more child support orders have been issued in by 
  5.35  tribunals of this state or another state with regard to an the 
  5.36  same obligor and a child, a tribunal of this state shall apply 
  6.1   the following rules in determining which order to recognize for 
  6.2   purposes of continuing, exclusive jurisdiction: 
  6.3      (1) If only one tribunal has issued a child support order, 
  6.4   the order of that tribunal must be recognized. 
  6.5      (2) If two or more tribunals have issued child support 
  6.6   orders for the same obligor and child, and only one of the 
  6.7   tribunals would have continuing, exclusive jurisdiction under 
  6.8   this chapter, the order of that tribunal is controlling and must 
  6.9   be recognized. 
  6.10     (3) (2) If two or more tribunals have issued child support 
  6.11  orders for the same obligor and child, and more than one of the 
  6.12  tribunals would have continuing, exclusive jurisdiction under 
  6.13  this chapter, an order issued by a tribunal in the current home 
  6.14  state of the child must be recognized, but if an order has not 
  6.15  been issued in the current home state of the child, the order 
  6.16  most recently issued is controlling and must be recognized. 
  6.17     (4) (3) If two or more tribunals have issued child support 
  6.18  orders for the same obligor and child, and none of the tribunals 
  6.19  would have continuing, exclusive jurisdiction under this 
  6.20  chapter, the tribunal of this state may having jurisdiction over 
  6.21  the parties shall issue a child support order, which is 
  6.22  controlling and must be recognized. 
  6.23     (c) If two or more child support orders have been issued 
  6.24  for the same obligor and child and if the obligor or the 
  6.25  individual obligee resides in this state, a party may request a 
  6.26  tribunal of this state to determine which order controls and 
  6.27  must be recognized under paragraph (b).  The request must be 
  6.28  accompanied by a certified copy of every support order in effect.
  6.29  The requesting party shall give notice of the request to each 
  6.30  party whose rights may be affected by the determination. 
  6.31     (b) (d) The tribunal that has issued an the order that 
  6.32  must be recognized as controlling under paragraph (a) (b) or (c) 
  6.33  is the tribunal having that has continuing, exclusive 
  6.34  jurisdiction in accordance with section 518C.205. 
  6.35     (e) A tribunal of this state which determines by order the 
  6.36  identity of the controlling child support order under paragraph 
  7.1   (b), clause (1) or (2), or which issues a new controlling child 
  7.2   support order under paragraph (b), clause (3), shall include in 
  7.3   that order the basis upon which the tribunal made its 
  7.4   determination. 
  7.5      (f) Within 30 days after issuance of the order determining 
  7.6   the identity of the controlling order, the party obtaining that 
  7.7   order shall file a certified copy of it with each tribunal that 
  7.8   had issued or registered an earlier order of child support.  A 
  7.9   party who obtains the order and fails to file a certified copy 
  7.10  is subject to appropriate sanctions by a tribunal in which the 
  7.11  issue of failure to file arises.  The failure to file does not 
  7.12  affect the validity or enforceability of the controlling order. 
  7.13     Sec. 4.  Minnesota Statutes 1996, section 518C.304, is 
  7.14  amended to read: 
  7.15     518C.304 [DUTIES OF INITIATING TRIBUNAL.] 
  7.16     (a) Upon the filing of a petition authorized by this 
  7.17  chapter, an initiating tribunal of this state shall forward 
  7.18  three copies of the petition and its accompanying documents: 
  7.19     (1) to the responding tribunal or appropriate support 
  7.20  enforcement agency in the responding state; or 
  7.21     (2) if the identity of the responding tribunal is unknown, 
  7.22  to the state information agency of the responding state with a 
  7.23  request that they be forwarded to the appropriate tribunal and 
  7.24  that receipt be acknowledged. 
  7.25     (b) If a responding state has not enacted this chapter or a 
  7.26  law or procedure substantially similar to this chapter, a 
  7.27  tribunal of this state may issue a certificate or other 
  7.28  documents and make findings required by the law of the 
  7.29  responding state.  If the responding state is a foreign 
  7.30  jurisdiction, the tribunal may specify the amount of support 
  7.31  sought and provide other documents necessary to satisfy the 
  7.32  requirements of the responding state. 
  7.33     Sec. 5.  Minnesota Statutes 1996, section 518C.305, is 
  7.34  amended to read: 
  7.35     518C.305 [DUTIES AND POWERS OF RESPONDING TRIBUNAL.] 
  7.36     (a) When a responding tribunal of this state receives a 
  8.1   petition or comparable pleading from an initiating tribunal or 
  8.2   directly pursuant to section 518C.301, paragraph (c), it shall 
  8.3   cause the petition or pleading to be filed and notify the 
  8.4   petitioner by first class mail where and when it was filed. 
  8.5      (b) A responding tribunal of this state, to the extent 
  8.6   otherwise authorized by law, may do one or more of the following:
  8.7      (1) issue or enforce a support order, modify a child 
  8.8   support order, or render a judgment to determine parentage; 
  8.9      (2) order an obligor to comply with a support order, 
  8.10  specifying the amount and the manner of compliance; 
  8.11     (3) order income withholding; 
  8.12     (4) determine the amount of any arrearages, and specify a 
  8.13  method of payment; 
  8.14     (5) enforce orders by civil or criminal contempt, or both; 
  8.15     (6) set aside property for satisfaction of the support 
  8.16  order; 
  8.17     (7) place liens and order execution on the obligor's 
  8.18  property; 
  8.19     (8) order an obligor to keep the tribunal informed of the 
  8.20  obligor's current residential address, telephone number, 
  8.21  employer, address of employment, and telephone number at the 
  8.22  place of employment; 
  8.23     (9) issue a bench warrant for an obligor who has failed 
  8.24  after proper notice to appear at a hearing ordered by the 
  8.25  tribunal and enter the bench warrant in any local and state 
  8.26  computer systems for criminal warrants; 
  8.27     (10) order the obligor to seek appropriate employment by 
  8.28  specified methods; 
  8.29     (11) award reasonable attorney's fees and other fees and 
  8.30  costs; and 
  8.31     (12) grant any other available remedy. 
  8.32     (c) A responding tribunal of this state shall include in a 
  8.33  support order issued under this chapter, or in the documents 
  8.34  accompanying the order, the calculations on which the support 
  8.35  order is based. 
  8.36     (d) A responding tribunal of this state may not condition 
  9.1   the payment of a support order issued under this chapter upon 
  9.2   compliance by a party with provisions for visitation. 
  9.3      (e) If a responding tribunal of this state issues an order 
  9.4   under this chapter, the tribunal shall send a copy of the order 
  9.5   by first class mail to the petitioner and the respondent and to 
  9.6   the initiating tribunal, if any. 
  9.7      Sec. 6.  Minnesota Statutes 1996, section 518C.306, is 
  9.8   amended to read: 
  9.9      518C.306 [INAPPROPRIATE TRIBUNAL.] 
  9.10     If a petition or comparable pleading is received by an 
  9.11  inappropriate tribunal of this state, it shall forward the 
  9.12  pleading and accompanying documents to an appropriate tribunal 
  9.13  in this state or another state and notify the petitioner by 
  9.14  first class mail where and when the pleading was sent. 
  9.15     Sec. 7.  Minnesota Statutes 1996, section 518C.307, is 
  9.16  amended to read: 
  9.17     518C.307 [DUTIES OF SUPPORT ENFORCEMENT AGENCY.] 
  9.18     (a) A support enforcement agency of this state, upon 
  9.19  request, shall provide services to a petitioner in a proceeding 
  9.20  under this chapter. 
  9.21     (b) A support enforcement agency that is providing services 
  9.22  to the petitioner as appropriate shall: 
  9.23     (1) take all steps necessary to enable an appropriate 
  9.24  tribunal in this state or another state to obtain jurisdiction 
  9.25  over the respondent; 
  9.26     (2) request an appropriate tribunal to set a date, time, 
  9.27  and place for a hearing; 
  9.28     (3) make a reasonable effort to obtain all relevant 
  9.29  information, including information as to income and property of 
  9.30  the parties; 
  9.31     (4) within two days, exclusive of Saturdays, Sundays, and 
  9.32  legal holidays, after receipt of a written notice from an 
  9.33  initiating, responding, or registering tribunal, send a copy of 
  9.34  the notice by first class mail to the petitioner; 
  9.35     (5) within two days, exclusive of Saturdays, Sundays, and 
  9.36  legal holidays, after receipt of a written communication from 
 10.1   the respondent or the respondent's attorney, send a copy of the 
 10.2   communication by first class mail to the petitioner; and 
 10.3      (6) notify the petitioner if jurisdiction over the 
 10.4   respondent cannot be obtained. 
 10.5      (c) This chapter does not create or negate a relationship 
 10.6   of attorney and client or other fiduciary relationship between a 
 10.7   support enforcement agency or the attorney for the agency and 
 10.8   the individual being assisted by the agency. 
 10.9      Sec. 8.  Minnesota Statutes 1996, section 518C.501, is 
 10.10  amended to read: 
 10.11     518C.501 [RECOGNITION EMPLOYER'S RECEIPT OF 
 10.12  INCOME-WITHHOLDING ORDER OF ANOTHER STATE.] 
 10.13     (a) An income-withholding order issued in another state may 
 10.14  be sent by first class mail to the person or entity defined as 
 10.15  the obligor's employer under section 518.611 or 518.613 without 
 10.16  first filing a petition or comparable pleading or registering 
 10.17  the order with a tribunal of this state.  Upon receipt of the 
 10.18  order, the employer shall: 
 10.19     (1) treat an income-withholding order issued in another 
 10.20  state which appears regular on its face as if it had been issued 
 10.21  by a tribunal of this state; 
 10.22     (2) immediately provide a copy of the order to the obligor; 
 10.23  and 
 10.24     (3) distribute the funds as directed in the withholding 
 10.25  order. 
 10.26     (b) An obligor may contest the validity or enforcement of 
 10.27  an income-withholding order issued in another state in the same 
 10.28  manner as if the order had been issued by a tribunal of this 
 10.29  state.  Section 518C.604 applies to the contest.  The obligor 
 10.30  shall give notice of the contest to any support enforcement 
 10.31  agency providing services to the obligee and to: 
 10.32     (1) the person or agency designated to receive payments in 
 10.33  the income-withholding order; or 
 10.34     (2) if no person or agency is designated, the obligee. 
 10.35     Sec. 9.  [518C.502] [EMPLOYER'S COMPLIANCE WITH 
 10.36  INCOME-WITHHOLDING ORDER OF ANOTHER STATE.] 
 11.1      (a) Upon receipt of an income-withholding order, the 
 11.2   obligor's employer shall immediately provide a copy of the order 
 11.3   to the obligor. 
 11.4      (b) The employer shall treat an income-withholding order 
 11.5   issued in another state which appears regular on its face as if 
 11.6   it had been issued by a tribunal of this state. 
 11.7      (c) Except as provided by paragraph (d) and section 
 11.8   518C.503, the employer shall withhold and distribute the funds 
 11.9   as directed in the withholding order by complying with the terms 
 11.10  of the order, as applicable, that specify: 
 11.11     (1) the duration and the amount of periodic payments of 
 11.12  current child support, stated as a sum certain; 
 11.13     (2) the person or agency designated to receive payments and 
 11.14  the address to which the payments are to be forwarded; 
 11.15     (3) medical support, whether in the form of periodic cash 
 11.16  payment, stated as a sum certain, or ordering the obligor to 
 11.17  provide health insurance coverage for the child under a policy 
 11.18  available through the obligor's employment; 
 11.19     (4) the amount of periodic payments of fees and costs for a 
 11.20  support enforcement agency, the issuing tribunal, and the 
 11.21  obligee's attorney, stated as sums certain; and 
 11.22     (5) the amount of periodic payments of arrears and interest 
 11.23  on arrears, stated as sums certain. 
 11.24     (d) The employer shall comply with the law of the state of 
 11.25  the obligor's principal place of employment for withholding from 
 11.26  income with respect to: 
 11.27     (1) the employer's fee for processing an income-withholding 
 11.28  order; 
 11.29     (2) the maximum amount permitted to be withheld from the 
 11.30  obligor's income; and 
 11.31     (3) the time periods within which the employer must 
 11.32  implement the withholding order and forward the child support 
 11.33  payment. 
 11.34     Sec. 10.  [518C.503] [COMPLIANCE WITH MULTIPLE 
 11.35  INCOME-WITHHOLDING ORDERS.] 
 11.36     If the obligor's employer receives multiple orders to 
 12.1   withhold support from the earnings of the same obligor, the 
 12.2   employer satisfies the terms of the multiple orders if the 
 12.3   employer complies with the law of the state of the obligor's 
 12.4   principal place of employment to establish the priorities for 
 12.5   withholding and allocating income withheld for multiple child 
 12.6   support obligees. 
 12.7      Sec. 11.  [518C.504] [IMMUNITY FROM CIVIL LIABILITY.] 
 12.8      An employer who complies with an income-withholding order 
 12.9   issued in another state in accordance with this chapter is not 
 12.10  subject to civil liability to any individual or agency with 
 12.11  regard to the employer's withholding child support from the 
 12.12  obligor's income. 
 12.13     Sec. 12.  [518C.505] [PENALTIES FOR NONCOMPLIANCE.] 
 12.14     An employer who willfully fails to comply with an 
 12.15  income-withholding order issued by another state and received 
 12.16  for enforcement is subject to the same penalties that may be 
 12.17  imposed for noncompliance with an order issued by a tribunal of 
 12.18  this state. 
 12.19     Sec. 13.  [518C.506] [CONTEST BY OBLIGOR.] 
 12.20     (a) An obligor may contest the validity or enforcement of 
 12.21  an income-withholding order issued in another state and received 
 12.22  directly by an employer in this state in the same manner as if 
 12.23  the order had been issued by a tribunal of this state.  Section 
 12.24  518C.604 applies to the contest. 
 12.25     (b) The obligor shall give notice of the contest to: 
 12.26     (1) a support enforcement agency providing services to the 
 12.27  obligee; 
 12.28     (2) each employer which has directly received an 
 12.29  income-withholding order; and 
 12.30     (3) the person or agency designated to receive payments in 
 12.31  the income-withholding order or, if no person or agency is 
 12.32  designated, to the obligee. 
 12.33     Sec. 14.  Minnesota Statutes 1996, section 518C.603, is 
 12.34  amended to read: 
 12.35     518C.603 [EFFECT OF REGISTRATION FOR ENFORCEMENT.] 
 12.36     (a) A support order or income-withholding order issued in 
 13.1   another state is registered when the order is filed in the 
 13.2   registering tribunal of this state. 
 13.3      (b) A registered order issued in another state is 
 13.4   enforceable in the same manner and is subject to the same 
 13.5   procedures as an order issued by a tribunal of this state. 
 13.6      (c) Except as otherwise provided in sections 518C.601 to 
 13.7   518C.612 this chapter, a tribunal of this state shall recognize 
 13.8   and enforce, but may not modify, a registered order if the 
 13.9   issuing tribunal had jurisdiction. 
 13.10     Sec. 15.  Minnesota Statutes 1996, section 518C.605, is 
 13.11  amended to read: 
 13.12     518C.605 [NOTICE OF REGISTRATION OF ORDER.] 
 13.13     (a) When a support order or income-withholding order issued 
 13.14  in another state is registered, the registering tribunal shall 
 13.15  notify the nonregistering party.  Notice must be given by 
 13.16  certified or registered mail or by any means of personal service 
 13.17  authorized by the law of this state.  The notice must be 
 13.18  accompanied by a copy of the registered order and the documents 
 13.19  and relevant information accompanying the order. 
 13.20     (b) The notice must inform the nonregistering party: 
 13.21     (1) that a registered order is enforceable as of the date 
 13.22  of registration in the same manner as an order issued by a 
 13.23  tribunal of this state; 
 13.24     (2) that a hearing to contest the validity or enforcement 
 13.25  of the registered order must be requested within 20 days after 
 13.26  the date of mailing or personal service of the notice; 
 13.27     (3) that failure to contest the validity or enforcement of 
 13.28  the registered order in a timely manner will result in 
 13.29  confirmation of the order and enforcement of the order and the 
 13.30  alleged arrearages and precludes further contest of that order 
 13.31  with respect to any matter that could have been asserted; and 
 13.32     (4) of the amount of any alleged arrearages. 
 13.33     (c) Upon registration of an income-withholding order for 
 13.34  enforcement, the registering tribunal shall notify the obligor's 
 13.35  employer pursuant to section 518.611 or 518.613. 
 13.36     Sec. 16.  Minnesota Statutes 1996, section 518C.606, is 
 14.1   amended to read: 
 14.2      518C.606 [PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF 
 14.3   REGISTERED ORDER.] 
 14.4      (a) A nonregistering party seeking to contest the validity 
 14.5   or enforcement of a registered order in this state shall request 
 14.6   a hearing within 20 days after the date of mailing or personal 
 14.7   service of notice of the registration.  The nonregistering party 
 14.8   may seek to vacate the registration, to assert any defense to an 
 14.9   allegation of noncompliance with the registered order, or to 
 14.10  contest the remedies being sought or the amount of any alleged 
 14.11  arrearages pursuant to section 518C.607. 
 14.12     (b) If the nonregistering party fails to contest the 
 14.13  validity or enforcement of the registered order in a timely 
 14.14  manner, the order is confirmed by operation of law. 
 14.15     (c) If a nonregistering party requests a hearing to contest 
 14.16  the validity or enforcement of the registered order, the 
 14.17  registering tribunal shall schedule the matter for hearing and 
 14.18  give notice to the parties by first class mail of the date, 
 14.19  time, and place of the hearing. 
 14.20     Sec. 17.  Minnesota Statutes 1996, section 518C.611, is 
 14.21  amended to read: 
 14.22     518C.611 [MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER 
 14.23  STATE.] 
 14.24     (a) After a child support order issued in another state has 
 14.25  been registered in this state, the responding tribunal of this 
 14.26  state may modify that order only if section 518C.613 does not 
 14.27  apply and, after notice and hearing, it finds that: 
 14.28     (1) the following requirements are met: 
 14.29     (i) the child, the individual obligee, and the obligor do 
 14.30  not reside in the issuing state; 
 14.31     (ii) a petitioner who is a nonresident of this state seeks 
 14.32  modification; and 
 14.33     (iii) the respondent is subject to the personal 
 14.34  jurisdiction of the tribunal of this state; or 
 14.35     (2) an individual party or the child or a party who is an 
 14.36  individual is subject to the personal jurisdiction of the 
 15.1   tribunal of this state and all of the individual parties who are 
 15.2   individuals have filed a written consent in the issuing tribunal 
 15.3   providing that for a tribunal of this state may to modify the 
 15.4   support order and assume continuing, exclusive jurisdiction over 
 15.5   the order.  However, if the issuing state is a foreign 
 15.6   jurisdiction which has not enacted a law or established 
 15.7   procedures substantially similar to this chapter, the written 
 15.8   consent of an individual residing in this state is not required 
 15.9   for the tribunal to assume jurisdiction to modify the child 
 15.10  support order. 
 15.11     (b) Modification of a registered child support order is 
 15.12  subject to the same requirements, procedures, and defenses that 
 15.13  apply to the modification of an order issued by a tribunal of 
 15.14  this state and the order may be enforced and satisfied in the 
 15.15  same manner. 
 15.16     (c) A tribunal of this state may not modify any aspect of a 
 15.17  child support order that may not be modified under the law of 
 15.18  the issuing state.  If two or more tribunals have issued child 
 15.19  support orders for the same obligor and child, the order that is 
 15.20  controlling and must be recognized under the provisions of 
 15.21  section 518C.207 establishes the nonmodifiable aspects of the 
 15.22  support order. 
 15.23     (d) On issuance of an order modifying a child support order 
 15.24  issued in another state, a tribunal of this state becomes the 
 15.25  tribunal of continuing, exclusive jurisdiction. 
 15.26     (e) Within 30 days after issuance of a modified child 
 15.27  support order, the party obtaining the modification shall file a 
 15.28  certified copy of the order with the issuing tribunal which had 
 15.29  continuing, exclusive jurisdiction over the earlier order, and 
 15.30  in each tribunal in which the party knows that earlier order has 
 15.31  been registered. 
 15.32     Sec. 18.  Minnesota Statutes 1996, section 518C.612, is 
 15.33  amended to read: 
 15.34     518C.612 [RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.] 
 15.35     A tribunal of this state shall recognize a modification of 
 15.36  its earlier child support order by a tribunal of another state 
 16.1   which assumed jurisdiction pursuant to this chapter or a law 
 16.2   substantially similar to this chapter and, upon request, except 
 16.3   as otherwise provided in this chapter, shall: 
 16.4      (1) enforce the order that was modified only as to amounts 
 16.5   accruing before the modification; 
 16.6      (2) enforce only nonmodifiable aspects of that order; 
 16.7      (3) provide other appropriate relief only for violations of 
 16.8   that order which occurred before the effective date of the 
 16.9   modification; and 
 16.10     (4) recognize the modifying order of the other state, upon 
 16.11  registration, for the purpose of enforcement. 
 16.12     Sec. 19.  [518C.613] [JURISDICTION TO MODIFY SUPPORT ORDER 
 16.13  OF ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.] 
 16.14     (a) If all of the parties who are individuals reside in 
 16.15  this state and the child does not reside in the issuing state, a 
 16.16  tribunal of this state has jurisdiction to enforce and to modify 
 16.17  the issuing state's child support order in a proceeding to 
 16.18  register that order. 
 16.19     (b) A tribunal of this state exercising jurisdiction as 
 16.20  provided in this section shall apply sections 518C.101 to 
 16.21  518C.209 and 518C.601 to 518C.614 to the enforcement or 
 16.22  modification proceeding.  Sections 518C.301 to 518C.507 and 
 16.23  518C.701 to 518C.802 do not apply and the tribunal shall apply 
 16.24  the procedural and substantive law of this state. 
 16.25     Sec. 20.  [518C.614] [NOTICE TO ISSUING TRIBUNAL OF 
 16.26  MODIFICATION.] 
 16.27     Within 30 days after issuance of a modified child support 
 16.28  order, the party obtaining the modification shall file a 
 16.29  certified copy of the order with the issuing tribunal that had 
 16.30  continuing, exclusive jurisdiction over the earlier order, and 
 16.31  in each tribunal in which the party knows the earlier order has 
 16.32  been registered.  A party who obtains the order and fails to 
 16.33  file a certified copy is subject to appropriate sanctions by a 
 16.34  tribunal in which the issue of failure to file arises.  The 
 16.35  failure to file does not affect the validity or enforceability 
 16.36  of the modified order of the new tribunal having continuing, 
 17.1   exclusive jurisdiction. 
 17.2      Sec. 21.  Minnesota Statutes 1996, section 518C.701, is 
 17.3   amended to read: 
 17.4      518C.701 [PROCEEDING TO DETERMINE PARENTAGE.] 
 17.5      (a) A tribunal of this state may serve as an initiating or 
 17.6   responding tribunal in a proceeding brought under this chapter 
 17.7   or a law or procedure substantially similar to this chapter, or 
 17.8   under a law or procedure substantially similar to the uniform 
 17.9   reciprocal enforcement of support act, or the revised uniform 
 17.10  reciprocal enforcement of support act to determine that the 
 17.11  petitioner is a parent of a particular child or to determine 
 17.12  that a respondent is a parent of that child. 
 17.13     (b) In a proceeding to determine parentage, a responding 
 17.14  tribunal of this state shall apply the parentage act, sections 
 17.15  257.51 to 257.74, and the rules of this state on choice of law. 
 17.16     Sec. 22.  [RENUMBERING INSTRUCTION.] 
 17.17     The revisor of statutes shall change the coding of 
 17.18  Minnesota Statutes 1994, section 518C.502, to section 518C.507.