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Minnesota Legislature

Office of the Revisor of Statutes

SF 2562

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/23/2010 07:48am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to child support enforcement; updating provisions on access to certain
information; authorizing certain actions by a public authority; requiring a
notice; imposing certain duties; providing for survival of certain child support
judgments; amending Minnesota Statutes 2008, sections 256.978, subdivision 2;
518A.46, subdivision 5, by adding a subdivision; 541.04; 548.09, subdivision 1;
repealing Minnesota Statutes 2008, section 548.092.

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

Section 1.

Minnesota Statutes 2008, section 256.978, subdivision 2, is amended to read:


Subd. 2.

Access to information.

(a) A request for information by the public
authority responsible for child support of this state or any other state may be made to:

(1) employers when there is reasonable cause to believe that the subject of the
inquiry is or was an employee or independent contractor of the employer. Information to
be released by employers of employees is limited to place of residencenew text begin or address, home
telephone, work telephone, mobile telephone, e-mail address
new text end, employment status, wage
or payment information, benefit information, and Social Security number. Information
to be released by employers of independent contractors is limited to place of residence
or address, new text beginhome telephone, work telephone, mobile telephone, e-mail address, new text endcontract
status, payment information, benefit information, and Social Security number or
identification number;

(2) utility companies when there is reasonable cause to believe that the subject of the
inquiry is or was a retail customer of the utility company. Customer information to be
released by utility companies is limited to place of residencenew text begin or addressnew text end, home telephone,
work telephone, new text beginmobile telephone, e-mail address, new text endsource of income, employer and place
of employment, and Social Security number;

(3) insurance companies when there is reasonable cause to believe that the subject
of the inquiry is or was receiving funds either in the form of a lump sum or periodic
payments. Information to be released by insurance companies is limited to place of
residencenew text begin or addressnew text end, home telephone, work telephone, new text beginmobile telephone, e-mail address,
new text endemployer, Social Security number, and amounts and type of payments made to the subject
of the inquiry;

(4) labor organizations when there is reasonable cause to believe that the subject
of the inquiry is or was a member of the labor association. Information to be released
by labor associations is limited to place of residencenew text begin or addressnew text end, home telephone, work
telephone, new text beginmobile telephone, e-mail address, new text endSocial Security number, and current and
past employment information; and

(5) financial institutions when there is reasonable cause to believe that the subject of
the inquiry has or has had accounts, stocks, loans, certificates of deposits, treasury bills,
life insurance policies, or other forms of financial dealings with the institution. Information
to be released by the financial institution is limited to place of residencenew text begin or addressnew text end, home
telephone, work telephone, new text beginmobile telephone, e-mail address, new text endidentifying information on
the type of financial relationships, Social Security number, current value of financial
relationships, and current indebtedness of the subject with the financial institution.

(b) For purposes of this deleted text beginsubdivisiondeleted text endnew text begin sectionnew text end, utility companies include telephone
companiesnew text begin, as defined in section 325F.675, subdivision 3, clause (3)new text end, radio common
carriers, and telecommunications carriers as defined in section 237.01, and companies
that provide electrical, telephone, natural gas, propane gas, oil, coal, or cable new text beginor satellite
new text endtelevision services to retail customersnew text begin, and Internet service providersnew text end. The term financial
institution includes banks, savings and loans, credit unions, brokerage firms, mortgage
companies, insurance companies, benefit associations, safe deposit companies, money
market mutual funds, or similar entities authorized to do business in the state.

(c) For purposes of this section, the public authority may request or obtain
information from any person or entity enumerated in this section, or from any third party
who contracts with any such person or entity to obtain or retain information that may be
requested by the public authority.

Sec. 2.

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 beginand
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 subpoenadeleted text begin.deleted text endnew text begin; andnew text end

new text begin (9) redirect basic support, medical support, and child care support to a caregiver
using the procedures in subdivision 7. As used in this clause, "caregiver" means a person
or entity now caring for the child:
new text end

new text begin (i) as a result of a voluntary placement agreement under section 260C.212,
subdivision 8, that does not address redirection of child support;
new text end

new text begin (ii) as a result of a court-ordered placement that does not address redirection of
child support; or
new text end

new text begin (iii) receiving public assistance as defined in section 256.741, subdivision 1, for
the child.
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. 3.

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 written notice of redirection to the obligee, the obligor, and the caregiver. The
notice must be mailed to the obligor, obligee, and caregiver at the obligee's, the obligor's,
and the caregiver's respective last known address. The notice must state the name of
the child or children for whom support will be redirected, to whom the support will be
redirected, the date the 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 according to paragraph (c).
new text end

new text begin (b) If fewer than all of the children for whom the support is ordered reside with the
caregiver, the public authority must redirect the proportional share of the support for the
number of children residing with the caregiver.
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 or children do not reside or no longer reside with the caregiver;
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; or
new text end

new text begin (3) the redirection of support is not in the best interests of the child.
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 written notice of
redirection. The hearing must be held at the earliest practicable time, but no later than 30
calendar days from the date the public authority receives the written request for a hearing.
If the public authority receives a timely written request for a hearing, the public authority
must schedule a hearing and serve the obligee and the obligor 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 obligee's and the obligor's respective last known address. The public authority
must 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 must 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 neither the obligee nor the obligor contests the redirection of support under this
subdivision, support must be redirected to the caregiver effective the first day of the month
following the expiration of the time period to contest under paragraph (d). If the obligee
or the obligor contests the redirection of support under paragraph (d), the public authority
must not redirect support to the caregiver 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
terminates and the public authority must direct support to the obligee if the public
authority determines that:
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 expires; 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 (g) The public authority must notify the obligee, obligor, and caregiver of a
termination of the redirection of support by mailing a written notice to each of them at
their last known address. The termination is effective the first day of the month that occurs
at least 14 calendar days after the date the notice is mailed.
new text end

Sec. 4.

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


541.04 JUDGMENTS, TEN new text beginOR 20 new text endYEARS.

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 judgmentnew text begin or, in the case of a judgment for child support, including a judgment by
operation of law, unless begun within 20 years after entry of the judgment
new text end.

Sec. 5.

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 entrynew text begin or, in the case of a judgment for child support, including a judgment
by operation of law, for 20 years after its entry
new text end. Child support judgments may be renewed
pursuant to section 548.091.

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

new text begin Minnesota Statutes 2008, section 548.092, new text end new text begin is repealed.
new text end

Sec. 7. new text beginEFFECTIVE DATE; APPLICATION.
new text end

new text begin Sections 2 to 6 are effective January 1, 2011. Sections 4 to 6 apply retroactively to
child support judgments, including judgments by operation of law, that have not expired
before January 1, 2011.
new text end