SF 3557

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to family law; requiring evidence to show the public authority's interest
in IV-D cases; requiring a waiver of income withholding; amending Minnesota
Statutes 2004, sections 518.551, subdivision 9; 518.6111, subdivision 16.

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

Section 1.

Minnesota Statutes 2004, section 518.551, subdivision 9, is amended to read:

Subd. 9.

Assignment of rights; judgment.

(a) The public agency responsible for
child support enforcement is joined as a party in each case in which rights are assigned
under section 256.741, subdivision 2. The court administrator shall enter and docket a
judgment obtained by operation of law under section 548.091, subdivision 1, in the name
of the public agency to the extent that the obligation has been assigned. When arrearages
are reduced to judgment under circumstances in which section 548.091 is not applicable,
the court shall grant judgment in favor of, and in the name of, the public agency to the
extent that the arrearages are assigned. After filing notice of an assignment with the court
administrator, who shall enter the notice in the docket, the public agency may enforce a
judgment entered before the assignment of rights as if the judgment were granted to it, and
in its name, to the extent that the arrearages in that judgment are assigned.

(b) The public authority is a real party in interest in any IV-D case where there
has been an assignment of support. In all other IV-D cases, the public authority has a
pecuniary interest, as well as an interest in the welfare of the children involved in those
cases new text begin , upon a showing of evidence establishing that interest new text end . The public authority may
intervene as a matter of right in those cases to ensure that child support orders are obtained
and enforced which provide for an appropriate and accurate level of child, medical, and
child care support. If the public authority participates in a IV-D case where the action
taken by the public authority requires the use of an attorney's services, the public authority
shall be represented by an attorney consistent with the provisions in section 518.255.

Sec. 2.

Minnesota Statutes 2004, section 518.6111, subdivision 16, is amended to read:

Subd. 16.

Waiver.

(a) If the public authority is providing child support and
maintenance enforcement services and child support or maintenance is not assigned under
section 256.741, the court may waive the requirements of this section if:

(1) one party demonstrates and the court determines there is good cause to waive the
requirements of this section or to terminate an order for or notice of income withholding
previously entered under this section. The court must make written findings to include
the reasons income withholding would not be in the best interests of the child. In cases
involving a modification of support, the court must also make a finding that support
payments have been timely made; or

(2) the obligee and obligor sign a written agreement providing for an alternative
payment arrangement which is reviewed and entered in the record by the court.

(b) If the public authority is not providing child support and maintenance
enforcement services and child support or maintenance is not assigned under section
256.741, the court deleted text begin may deleted text end new text begin shall new text end waive the requirements of this section if the parties sign a
written agreement.

(c) If the court waives income withholding, the obligee or obligor may at any time
request income withholding under subdivision 7.

new text begin (d) The public authority shall notify the parties of their right to waive income
withholding under this section.
new text end