SF 4710

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/08/2024 10:05am

A bill for an act
relating to child support; modifying circumstances under which the public authority
must direct support to an obligee; amending Minnesota Statutes 2022, section
518A.46, subdivision 7.

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

Section 1.

Minnesota Statutes 2022, section 518A.46, subdivision 7, is amended to read:

Subd. 7.

Administrative redirection of support.

(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).

(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.

(c) The obligee or obligor may contest the redirection of support on the limited grounds
that:

(1) the child or children do not reside or no longer reside with the caregiver;

(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

(3) the redirection of support is not in the best interests of the child.

(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.

(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.

(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:

(1) the caregiver for the child no longer receives public assistance for the child;

(2) the voluntary placement agreement expires; deleted text begin or
deleted text end

(3) the court order placing the child is no longer in effect deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) the redirection of support is not in the best interests of the child as determined under
section 260B.331, subdivision 1, or 260C.331, subdivision 1.
new text end

(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 begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end