1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to family law; clarifying crediting of 1.3 support payments; modifying implementation of 1.4 enforcement remedies to accommodate timing of support 1.5 payments; amending Minnesota Statutes 2000, sections 1.6 518.551, subdivision 1; 518.6111, by adding a 1.7 subdivision; proposing coding for new law in Minnesota 1.8 Statutes, chapter 518. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 2000, section 518.551, 1.11 subdivision 1, is amended to read: 1.12 Subdivision 1. [SCOPE; PAYMENT TO PUBLIC AGENCY.] (a) This 1.13 section applies to all proceedings involving a support order, 1.14 including, but not limited to, a support order establishing an 1.15 order for past support or reimbursement of public assistance. 1.16 (b) The court shall direct that all payments ordered for 1.17 maintenance and support be made to the public agency responsible 1.18 for child support enforcement so long as the obligee is 1.19 receiving or has applied for public assistance, or has applied 1.20 for child support and maintenance collection services. Public 1.21 authorities responsible for child support enforcement may act on 1.22 behalf of other public authorities responsible for child support 1.23 enforcement. This includes the authority to represent the legal 1.24 interests of or execute documents on behalf of the other public 1.25 authority in connection with the establishment, enforcement, and 1.26 collection of child support, maintenance, or medical support, 1.27 and collection on judgments. 2.1 (c) Payments made to the public authority other than 2.2 payments under section 518.6111 must be credited as of the date 2.3 the payment is received by the central collections unit. 2.4 (d) Amounts received by the public agency responsible for 2.5 child support enforcement greater than the amount granted to the 2.6 obligee shall be remitted to the obligee. 2.7 Sec. 2. Minnesota Statutes 2000, section 518.6111, is 2.8 amended by adding a subdivision to read: 2.9 Subd. 19. [TIMING OF AUTOMATED ENFORCEMENT REMEDIES.] The 2.10 public authority shall make reasonable efforts to ensure that 2.11 automated enforcement remedies take into consideration the time 2.12 periods allowed under this section. 2.13 Sec. 3. [518.6196] [COLLECTION; REVENUE RECAPTURE.] 2.14 The public authority may submit debt under chapter 270A 2.15 only if the obligor is in arrears in court-ordered child support 2.16 or maintenance payments, or both, in an amount greater than the 2.17 obligor's total monthly support and maintenance payments or if 2.18 the debt has been entered and docketed as a judgment under 2.19 section 548.091, subdivision 2a.