SF 775

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 08/25/2015 01:04pm

A bill for an act
relating to family law; modifying provision related to the effect of a recognition
of parentage; making changes to the recognition form; modifying the definition
of obligor; modifying basic support under certain circumstances; modifying
a method for determining potential income for purposes of child support
determinations; establishing consumer reporting agency requirements for
nonpayment of child support; amending Minnesota Statutes 2014, sections
257.75, subdivisions 3, 5; 518A.26, subdivision 14; 518A.32, subdivision 2;
518A.43, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 518A.

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

Section 1.

Minnesota Statutes 2014, section 257.75, subdivision 3, is amended to read:

Subd. 3.

Effect of recognition.

new text begin (a) new text end Subject to subdivision 2 and section 257.55,
subdivision 1, paragraph (g) or (h), the recognition has the force and effect of a judgment or
order determining the existence of the parent and child relationship under section 257.66. If
the conditions in section 257.55, subdivision 1, paragraph (g) or (h), exist, the recognition
creates only a presumption of paternity for purposes of sections 257.51 to 257.74. Once a
recognition has been properly executed and filed with the state registrar of vital statistics,
if there are no competing presumptions of paternity, a judicial or administrative court may
not allow further action to determine parentage regarding the signator of the recognition.
An action to determine custody and parenting time may be commenced pursuant to
chapter 518 without an adjudication of parentage. Until deleted text begin an deleted text end new text begin a temporary or permanent new text end
order is entered granting custody to another, the mother has sole custody.

new text begin (b) Following commencement of an action to determine custody or parenting time
under chapter 518, the court may, pursuant to section 518.131, grant temporary parenting
time rights and temporary custody to either parent.
new text end

new text begin (c) new text end The recognition is:

(1) a basis for bringing an action new text begin for the following:
new text end

new text begin (i) new text end to award new text begin temporary custody or parenting time pursuant to section 518.131;
new text end

new text begin (ii) to award permanent new text end custody or parenting time to either parent deleted text begin , deleted text end new text begin ;
new text end

new text begin (iii) new text end establishing a child support obligation which may include up to the two years
immediately preceding the commencement of the action deleted text begin , deleted text end new text begin ;
new text end

new text begin (iv) new text end ordering a contribution by a parent under section 256.87 deleted text begin , or deleted text end new text begin ;
new text end

new text begin (v) new text end ordering a contribution to the reasonable expenses of the mother's pregnancy and
confinement, as provided under section 257.66, subdivision 3 deleted text begin , deleted text end new text begin ; new text end or

new text begin (vi) new text end ordering reimbursement for the costs of blood or genetic testing, as provided
under section 257.69, subdivision 2;

(2) determinative for all other purposes related to the existence of the parent and
child relationship; and

(3) entitled to full faith and credit in other jurisdictions.

Sec. 2.

Minnesota Statutes 2014, section 257.75, subdivision 5, is amended to read:

Subd. 5.

Recognition form.

new text begin (a) new text end The commissioner of human services shall prepare
a form for the recognition of parentage under this section. In preparing the form, the
commissioner shall consult with the individuals specified in subdivision 6. The recognition
form must be drafted so that the force and effect of the recognition, the alternatives to
executing a recognition, deleted text begin and deleted text end the benefits and responsibilities of establishing paternity new text begin , and
the limitations of the recognition of parentage for purposes of exercising and enforcing
custody or parenting time new text end are clear and understandable. deleted text begin The form must include a notice
regarding the finality of a recognition and the revocation procedure under subdivision
2. The form must include a provision for each parent to verify that the parent has read
or viewed the educational materials prepared by the commissioner of human services
describing the recognition of paternity. The individual providing the form to the parents
for execution shall provide oral notice of the rights, responsibilities, and alternatives to
executing the recognition. Notice may be provided by audiotape, videotape, or similar
means. Each parent must receive a copy of the recognition.
deleted text end

new text begin (b) The form must include the following:
new text end

new text begin (1) a notice regarding the finality of a recognition and the revocation procedure
under subdivision 2;
new text end

new text begin (2) a notice, in large print, that the recognition does not establish an enforceable right
to legal custody, physical custody, or parenting time until such rights are awarded pursuant
to a court action to establish custody and parenting time;
new text end

new text begin (3) a notice stating that when a court awards custody and parenting time under
chapter 518, there is no presumption for or against joint physical custody, except when
domestic abuse, as defined in section 518B.01, subdivision 2, paragraph (a), has occurred
between the parties;
new text end

new text begin (4) a notice that the recognition of parentage is a basis for:
new text end

new text begin (i) bringing a court action to award temporary or permanent custody or parenting time;
new text end

new text begin (ii) establishing a child support obligation that may include the two years
immediately preceding the commencement of the action;
new text end

new text begin (iii) ordering a contribution by a parent under section 256.87;
new text end

new text begin (iv) ordering a contribution to the reasonable expenses of the mother's pregnancy
and confinement, as provided under section 257.66, subdivision 3; and
new text end

new text begin (v) ordering reimbursement for the costs of blood or genetic testing, as provided
under section 257.69, subdivision 2; and
new text end

new text begin (5) a provision for each parent to verify that the parent has read or viewed the
educational materials prepared by the commissioner of human services describing the
recognition of paternity.
new text end

new text begin (c) The individual providing the form to the parents for execution shall provide oral
notice of the rights, responsibilities, and alternatives to executing the recognition. Notice
may be provided in audio or video format, or by other similar means. Each parent must
receive a copy of the recognition.
new text end

Sec. 3.

Minnesota Statutes 2014, section 518A.26, subdivision 14, is amended to read:

Subd. 14.

Obligor.

"Obligor" means a person obligated to pay maintenance or
support. deleted text begin A person who has primary physical custody of a child is presumed not to be
an obligor for purposes of a child support order under section 518A.34, unless section
518A.36, subdivision 3, applies or the court makes specific written findings to overcome
this presumption. deleted text end For purposes of ordering medical support under section 518A.41, a
parent who has primary physical custody of a child may be an obligor subject to a payment
agreement under section 518A.69.

Sec. 4.

Minnesota Statutes 2014, section 518A.32, subdivision 2, is amended to read:

Subd. 2.

Methods.

Determination of potential income must be made according
to one of three methods, as appropriate:

(1) the parent's probable earnings level based on employment potential, recent
work history, and occupational qualifications in light of prevailing job opportunities and
earnings levels in the community;

(2) if a parent is receiving unemployment compensation or workers' compensation,
that parent's income may be calculated using the actual amount of the unemployment
compensation or workers' compensation benefit received; or

(3) the amount of income a parent could earn working deleted text begin full time at 150 deleted text end new text begin 30 hours per
week at 100 new text end percent of the current federal or state minimum wage, whichever is higher.

Sec. 5.

Minnesota Statutes 2014, section 518A.43, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Income disparity between parties. new text end

new text begin The court may deviate from the
presumptive child support obligation under section 518A.34 and elect not to order a party
who has between ten and 45 percent parenting time to pay basic support where such a
significant disparity of income exists between the parties that an order directing payment
of basic support would be detrimental to the parties' joint child.
new text end

Sec. 6.

new text begin [518A.685] CONSUMER REPORTING AGENCY; REPORTING
ARREARS.
new text end

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

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

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

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

new text begin (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:
new text end

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

new text begin (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
balance.
new text end

new text begin (d) If a 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, or is paying the current monthly support obligation plus any
required arrearage payment, the public authority must report to the consumer reporting
agency that the obligor is currently paying child support as ordered by the court.
new text end

new text begin (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.
new text end

new text begin (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 end