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SF 3920

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2020 08:28am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to child support; modifying arrears reporting requirements; amending
Minnesota Statutes 2018, section 518A.685.

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

Section 1.

Minnesota Statutes 2018, section 518A.685, is amended to read:


518A.685 CONSUMER REPORTING AGENCY; REPORTING ARREARS.

(a) If a public authority determines that an obligor has not paid the current monthly
support obligation plus any required arrearage payment for three months, the public authority
deleted text begin mustdeleted text end new text begin maynew text end report this information to a consumer reporting agency.

(b) Before reporting that an obligor is in arrears for court-ordered child support, the
public authority must:

(1) provide written notice to the obligor that the public authority intends to report the
arrears to a consumer reporting agency; and

(2) mail the written notice to the obligor's last known mailing address at least 30 days
before the public authority reports the arrears to a consumer reporting agency.

(c) The obligor may, within 21 days of receipt of the notice, do the following to prevent
the public authority from reporting the arrears to a consumer reporting agency:

(1) pay the arrears in full; deleted text begin or
deleted text end

(2) request an administrative review. An administrative review is limited to issues of
mistaken identity, a pending legal action involving the arrears, or an incorrect arrears
balancedeleted text begin .deleted text end new text begin ; or
new text end

new text begin (3) enter into a written payment agreement pursuant to section 518A.69 that is approved
by a court, a child support magistrate, or the public authority responsible for child support
enforcement.
 new text end

(d) If the public authority has reported that an obligor is in arrears for court-ordered
child support and subsequently determines that the obligor has paid the court-ordered child
support arrears in full, deleted text begin or is paying the current monthly support obligation plus any required
arrearage payment,deleted text end the public authority must deleted text begin report to the consumer reporting agency that
the obligor is currently paying child support as ordered by the courtdeleted text end new text begin cease credit bureau
reportingnew text end .

(e) A public authority that reports arrearage information under this section must make
monthly reports to a consumer reporting agency. The monthly report must be consistent
with credit reporting industry standards for child support.

(f) For purposes of this section, "consumer reporting agency" has the meaning given in
section 13C.001, subdivision 4, and United States Code, title 15, section 1681a(f).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
 new text end