SF 1352

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2019 02:30pm

A bill for an act
relating to children; modifying notification requirements for child care support;
amending Minnesota Statutes 2018, section 518A.40, subdivisions 1, 4.

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

Section 1.

Minnesota Statutes 2018, section 518A.40, subdivision 1, is amended to read:

Subdivision 1.

Child care costs.

new text begin (a) new text end Unless otherwise agreed to by the parties and
approved by the court, the court must order that work-related or education-related child
care costs of joint children be divided between the obligor and obligee based on their
proportionate share of the parties' combined monthly PICS. The amount of work-related or
education-related child care costs required by this subdivision to be divided between the
obligor and obligee is the total amount received by the child care provider from the obligee
and any public agency for the joint child or children. Child care costs shall be adjusted by
the amount of the estimated federal and state child care credit payable on behalf of a joint
child. The Department of Human Services shall develop tables to calculate the applicable
credit based upon the custodial parent's PICS.

new text begin (b) When child care costs are ordered to be paid, the obligee must provide the obligor
with a written statement of the total monthly child care expense. The written statement must
be signed by the child care provider and must specify whether the monthly child care expense
is the same each month or fluctuates from month to month.
new text end

Sec. 2.

Minnesota Statutes 2018, 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, may suspend collecting the
amount allocated for child care expenses when either party informs the public authority that
no child care costs are being incurred new text begin . When the obligee is no longer incurring child care
expenses, the obligee must notify the public authority within two weeks that the child care
expense is not being incurred and must provide a written statement from the child care
provider that the child care expense has ended and the date the child care expense ended new text end
and:

(1) the public authority deleted text begin verifies deleted text end new text begin must verify new text end the accuracy of the information with the
deleted text begin obligee; or deleted text end new text begin child care provider; and
new text end

(2) the obligee deleted text begin fails to respond within 30 days of the date of a written request from the
public authority for information regarding child care costs. A written or oral response from
the obligee that child care costs are being incurred is sufficient for the public authority to
continue collecting child care expenses. deleted text end new text begin must contact the obligor to notify the obligor that
the child care expenses are no longer being incurred.
new text end

The suspension is effective as of the first day of the month following the date that deleted text begin the public
authority either verified the information with the obligee or the obligee failed to respond. deleted text end new text begin
the child care expense was no longer incurred.
new text end

The public authority will resume collecting child care expenses when either party provides
information that child care costs are incurred, 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, the public authority deleted text begin will continue or resume collecting
child care expenses. deleted text end new text begin must contact the child care provider to verify whether there are any
child care expenses being incurred. new text end 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.

deleted text begin (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.
deleted text end