Minnesota Legislature
SF 2123
as introduced - 87th Legislature (2011 - 2012) Posted on 04/24/2012 03:13pm
Current Version - as introduced
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A bill for an act
relating to human services; modifying child care support provisions; amending
Minnesota Statutes 2010, section 518A.40, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 518A.40, subdivision 4, is amended to
read:
Subd. 4.
Change in child care.
(a) When a court order provides for child care
expenses, and child care support is not assigned under section 256.741, the public
authority, if the public authority provides child support enforcement services, must
suspend collecting the amount allocated for child care expenses whendeleted text begin :
deleted text end
deleted text begin (1)deleted text end either party informs the public authority that no child care costs are being
incurreddeleted text begin ;deleted text end andnew text begin :
new text end
deleted text begin (2)deleted text end new text begin (1)new text end the public authority verifies the accuracy of the information with the obligeedeleted text begin .deleted text end new text begin ;
or
new text end
new text begin
(2) the obligee fails to provide verification to the public authority within 30 days
after a request for information regarding child care costs.
new text end
The suspension is effective as of the first day of the month following the date that the
public authority deleted text begin received the verificationdeleted text end new text begin verified the information with the obligee or the
obligee failed to provide informationnew text end . The public authority will resume collecting child
care expenses when either party provides information that child care costs deleted text begin have resumeddeleted text end new text begin
are incurrednew text end , or when a child care support assignment takes effect under section 256.741,
subdivision 4. The resumption is effective as of the first day of the month after the date
that the public authority received the information.
(b) If the parties provide conflicting information to the public authority regarding
whether child care expenses are being incurred, deleted text begin or if the public authority is unable to
verify with the obligee that no child care costs are being incurred,deleted text end the public authority will
continue or resume collecting child care expenses. Either party, by motion to the court,
may challenge the suspension, continuation, or resumption of the collection of child care
expenses under this subdivision. If the public authority suspends collection activities
for the amount allocated for child care expenses, all other provisions of the court order
remain in effect.
(c) In cases where there is a substantial increase or decrease in child care expenses,
the parties may modify the order under section 518A.39.