SF 521

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

A bill for an act
relating to child support; changing certain provisions and deadlines; redirecting
payment of child support; amending Minnesota Statutes 2008, sections 518A.46,
subdivision 5, by adding a subdivision; 541.04; 548.09, subdivision 1, by adding
a subdivision; repealing Minnesota Statutes 2008, sections 548.091, subdivision
3b; 548.092.

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

Section 1.

Minnesota Statutes 2008, section 518A.46, subdivision 5, is amended to
read:

Subd. 5.

Administrative authority.

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

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

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

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

(4) upon notice to the obligor, obligee, and the appropriate court, direct the obligor
or other payor to change the payee to the central collections unit under sections 518A.54
to 518A.56;

(5) order income withholding of child support under section 518A.53 and sanction
an employer or payor of funds pursuant to section 393.07, subdivision 9a, for failing to
comply with an income withholding notice;

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

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

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

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

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

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

new text begin (9) redirect basic support, medical support, and child care support to a caregiver
using the procedures in subdivision 7. A caregiver is a person or entity now caring for
the child who:
new text end

new text begin (i) receives public assistance, as defined in section 256.741, subdivision 1, for the
child;
new text end

new text begin (ii) has legal responsibility for the placement of the child through a voluntary
placement agreement under section 260C.212, subdivision 8, that does not address
redirection of child support; or
new text end

new text begin (iii) has custody of the child through a court-ordered placement that does not address
redirection of child support. new text end

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

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

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

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

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

Sec. 2.

Minnesota Statutes 2008, section 518A.46, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Administrative redirection of support new text end

new text begin (a) The public authority must
provide notice of redirection to the parties and the caregiver and give the parties 30
calendar days to contest the redirection. The notice must be mailed to the obligor, obligee,
and caregiver at their last known addresses. The notice must state the name of the child
for whom support will be redirected, to whom the support will be redirected, when support
will be redirected, and the amount of the support that will be redirected. The notice must
also inform the parties of the right to contest the redirection of support.
new text end

new text begin (b) If fewer than all of the children for whom the support is ordered are with the
caregiver, the proportional share of the support for the number of children with the
caregiver must be redirected.
new text end

new text begin (c) The obligee or obligor may contest the redirection of support on the limited
grounds that:
new text end

new text begin (1) the child is not residing with the caregiver; or
new text end

new text begin (2) under an out-of-home placement plan under section 260C.212, subdivision 1,
that includes a plan for reunification, all or part of the support is needed to maintain
the obligee's home.
new text end

new text begin (d) To contest the redirection, the obligee or obligor must make a written request
for a hearing to the public authority within 30 calendar days of the date of the notice of
redirection. The hearing must be held at the earliest practicable time, but no later than 30
calendar days from the date of the request for a hearing. The public authority shall serve
the parties with a notice of hearing at least 14 days before the date of the hearing. The
notice must be served personally or by mail at the parties' last known addresses. The public
authority shall file with the court the notice of hearing along with the notice of redirection
at least five days before the scheduled hearing. The court administrator shall schedule
these hearings to be heard in the expedited process before a child support magistrate,
but may schedule these hearings in district court if the availability of a child support
magistrate does not permit a hearing to occur within the time frames of this subdivision.
new text end

new text begin (e) If there is no contest, support must be redirected the first day of the month
following the expiration of the time period to contest. If there is a contest, support must
not be redirected pending the outcome of the hearing.
new text end

new text begin (f) The redirection of the basic support, medical support, and child care support
must be terminated and support must be directed to the obligee effective the first day
of the month following the date:
new text end

new text begin (1) the caregiver for the child no longer receives public assistance for the child;
new text end

new text begin (2) the voluntary placement agreement has expired; or
new text end

new text begin (3) the court order placing the child is no longer in effect.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010.
new text end

Sec. 3.

Minnesota Statutes 2008, section 541.04, is amended to read:

541.04 JUDGMENTS, TEN YEARS.

No action shall be maintained upon a judgment or decree of a court of the United
States, or of any state or territory thereof, unless begun within ten years after the entry
of such judgment. new text begin This section does not apply to child support judgments, including
judgments by operation of law, which are governed by section 548.09, subdivision 1a.
new text end

Sec. 4.

Minnesota Statutes 2008, section 548.09, subdivision 1, is amended to read:

Subdivision 1.

Entry and docketing; survival of judgment.

Except as provided
in section 548.091, every judgment requiring the payment of money shall be entered
by the court administrator when ordered by the court and will be docketed by the court
administrator upon the filing of an affidavit as provided in subdivision 2. Upon a transcript
of the docket being filed with the court administrator in any other county, the court
administrator shall also docket it. From the time of docketing the judgment is a lien, in
the amount unpaid, upon all real property in the county then or thereafter owned by the
judgment debtor, but it is not a lien upon registered land unless it is also recorded pursuant
to sections 508.63 and 508A.63. The judgment survives, and the lien continues, for ten
years after its entry. deleted text begin Child support judgments may be renewed pursuant to section 548.091.
deleted text end

Sec. 5.

Minnesota Statutes 2008, section 548.09, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Survival of child support judgment. new text end

new text begin Notwithstanding the provisions
of subdivision 1, or any other provision of law, the child support judgments, including
judgments by operation of law, do not expire and may be enforced in any manner provided
by law until paid in full or otherwise satisfied, without limitation as to time. This
subdivision applies retroactively to any child support judgments, including judgments
by operation of law, that have not expired on or before the date of enactment of this
subdivision.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 548.091, subdivision 3b; and 548.092, new text end new text begin are
repealed.
new text end