MN Legislature

Menu

Revisor of Statutes Menu

Authenticate

Pdf

1984 Minnesota Session Laws

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1984 

                        CHAPTER 547-S.F.No. 1492 
           An act relating to marriage dissolution; providing for 
          determination and modification of child support; 
          changing laws relating to docketing of judgments for 
          support and maintenance; providing for withholding of 
          support and maintenance from retirement and annuity 
          benefits; providing for the vacating of liens of 
          certain judgments; amending Minnesota Statutes 1982, 
          sections 69.62; 257.66, by adding a subdivision; 
          353.15; 354.10; 422A.24; 423.39; 423.61; 423.813; 
          424.27; 518.55; 548.13; and 548.17; and Minnesota 
          Statutes 1983 Supplement, sections 256.87, by adding a 
          subdivision; 352.15, subdivision 1; 352B.071; 354A.11; 
          424A.02, subdivision 6; 518.17, subdivision 5; 
          518.551, subdivisions 5 and 9; 518.611, subdivision 3; 
          518C.17, subdivision 1; and 548.09, subdivisions 1 and 
          3; proposing new law coded in Minnesota Statutes, 
          chapters 423A and 548; repealing Laws 1931, chapter 
          48, section 5; Laws 1935, chapter 192, section 4; Laws 
          1943, chapter 397, section 26; Laws 1945, chapter 74, 
          section 5; Laws 1947, chapter 43, section 26; Laws 
          1949, chapters 87, section 29; 144, section 26; 378, 
          section 26; and 406, section 7, subdivision 3, as 
          amended; Laws 1953, chapters 91, section 12; 348, 
          section 22; and 399, section 26; Laws 1955, chapters 
          75, section 27, as amended; 151, section 17; and 375, 
          section 28; Laws 1959, chapter 131, section 22; Laws 
          1961, chapters 343, section 22, as amended; and 631, 
          section 4; Laws 1963, chapters 443, section 22; and 
          643, section 23; Laws 1965, chapter 605, section 28; 
          Laws 1971, chapter 51, section 14, subdivision 16; 
          Laws 1973, chapter 432, section 7, subdivision 2; Laws 
          1974, chapter 382, section 7, subdivision 2; Laws 
          1977, chapter 374, section 15; and Laws 1982, chapter 
          610, section 18. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 69.62, is 
amended to read: 
    69.62 [PENSION PAYMENTS EXEMPT FROM GARNISHMENT PROCESS.] 
    No payment made or to be made by any fire department relief 
association in a city of the first class under the provisions of 
section 69.25 to any member of the pension roll shall be subject 
to judgment, garnishment, execution, or other legal process, 
except as provided in section 518.611; and no person entitled to 
this payment shall have the right to assign the same, nor shall 
the association have the authority to recognize any assignment 
or pay over any sum which has been assigned.  
    Sec. 2.  Minnesota Statutes 1983 Supplement, section 
256.87, is amended by adding a subdivision to read: 
    Subd. 6.  [NOTICE OF DOCKETING JUDGMENT.] Any order for 
support or maintenance issued under this section shall provide 
for a conspicuous notice that, if the obligor fails to make the 
support or maintenance payments, the public agency responsible 
for support or maintenance enforcement may obtain docketing of a 
judgment for the unpaid amounts under the provisions of section 
24.  The notice shall enumerate the conditions that must be met 
before the judgment can be docketed.  
    Sec. 3.  Minnesota Statutes 1982, section 257.66, is 
amended by adding a subdivision to read:  
    Subd. 5.  [NOTICE OF DOCKETING JUDGMENT.] Any order for 
support or maintenance issued under this section shall provide 
for a conspicuous notice that, if the obligor fails to make the 
support payments, the obligee or a public agency responsible for 
support enforcement may obtain docketing of a judgment for the 
unpaid amounts under the provisions of section 24.  The notice 
shall enumerate the conditions that must be met before the 
judgment can be docketed.  
    Sec. 4.  Minnesota Statutes 1983 Supplement, section 
352.15, subdivision 1, is amended to read:  
    Subdivision 1.  None of the moneys, annuities, or other 
benefits mentioned herein shall be assignable either in law or 
in equity or be subject to any state estate tax, or to 
execution, levy, attachment, garnishment, or other legal 
process, including actions for dissolution, legal separation, or 
child support, or to any state estate tax except as provided in 
section 518.611.  Provided, however, the executive director may 
pay an annuity, benefit or refund to a banking institution, 
qualified under chapter 48, that is trustee for a person 
eligible to receive such annuity, benefit or refund.  Upon the 
request of a retired, disabled or former employee, the executive 
director may mail the annuity, benefit or refund check to a 
banking institution, savings association or credit union for 
deposit to such employee's account or joint account with his 
spouse.  The board of directors may prescribe the conditions 
under which such payments will be made.  
    Sec. 5.  Minnesota Statutes 1983 Supplement, section 
352B.071, is amended to read:  
    352B.071 [EXEMPTION FROM PROCESS.] 
    None of the moneys, annuities, or other benefits provided 
for in this chapter shall be assignable either in law or in 
equity or be subject to execution, levy, attachment, 
garnishment, or other legal process, including actions for 
dissolution, legal separation, or child support, except as 
provided in section 518.611.  
    Sec. 6.  Minnesota Statutes 1982, section 353.15, is 
amended to read:  
    353.15 [NONASSIGNABILITY AND EXEMPTION OF ANNUITIES AND 
BENEFITS FROM JUDICIAL PROCESS.] 
    No money, annuity, or benefit provided for in this chapter 
is assignable or subject to any state estate tax, or to 
execution, levy, attachment, garnishment, or legal process, 
including actions for divorce, legal separation, and child 
support, or to any state estate tax except as provided in 
section 518.611.  Provided, however, the association may pay an 
annuity, benefit or refund to a trust company, qualified under 
chapter 48, that is trustee for a person eligible to receive 
such annuity, benefit or refund.  Upon the request of a retired, 
disabled or former member, the association may mail the annuity, 
benefit or refund check to a banking institution, savings 
association or credit union for deposit to such person's account 
or joint account with his spouse.  The association may prescribe 
the conditions under which such payment will be made.  If in the 
judgment of the executive director conditions so warrant, 
payment may be made to a public body in behalf of an annuitant, 
disabilitant, or survivor upon such terms as the executive 
director may prescribe. 
    Sec. 7.  Minnesota Statutes 1982, section 354.10, is 
amended to read:  
    354.10 [FUND NOT SUBJECT TO ASSIGNMENT OR PROCESS; 
BENEFICIARIES.] 
    The right of a teacher to avail himself of the benefits 
provided by this chapter, is a personal right only and shall not 
be assignable.  All moneys to the credit of a teacher's account 
in the fund or any moneys payable to him from the fund shall 
belong to the state of Minnesota until actually paid to the 
teacher or his beneficiary pursuant to the provisions of this 
chapter.  Any power of attorney, assignment or attempted 
assignment of a teacher's interest in the fund, or of the 
beneficiary's interest therein, by a teacher or his beneficiary, 
including actions for divorce, legal separation, and child 
support, shall be null and void and the same shall be exempt 
from taxation under chapter 291 and from garnishment or levy 
under attachment or execution and from taxation under chapter 
291, except as provided in section 518.611.  Provided however, 
the board may pay an annuity or benefit to a banking 
institution, qualified under chapter 48, that is a trustee for a 
person eligible to receive such annuity or benefit.  Upon 
completion of the proper forms as provided by the board, the 
annuity or benefit check may be mailed to a banking institution, 
savings association or credit union for deposit to the 
recipient's individual account or joint account with his or her 
spouse.  The board shall prescribe the conditions which shall 
govern these procedures.  If in the judgment of the executive 
director conditions so warrant, payment may be made to a public 
body in behalf of an annuitant, disabilitant, or survivor upon 
such terms as the executive director may prescribe.  Any 
beneficiary designated by a teacher under the terms of this 
chapter, may be changed or revoked by the teacher at his 
pleasure, in such manner as the board may prescribe.  In case a 
designated beneficiary dies before the teacher designating him 
dies, and a new beneficiary is not designated, the teacher's 
estate shall be the beneficiary.  
    Sec. 8.  Minnesota Statutes 1983 Supplement, section 
354A.11, is amended to read:  
    354A.11 [CERTAIN MONEYS AND CREDITS OF TEACHERS EXEMPT.] 
    All moneys deposited by a teacher or member or deposited by 
any other person or corporation, municipal or private, to the 
credit of a teacher or member of a teachers retirement fund 
association organized pursuant to this chapter, and all moneys, 
rights, and interests or annuities due or to become due to a 
teacher, member, or annuitant, or their beneficiaries, from any 
association shall not be assignable, shall be exempt from 
garnishment, attachment, and execution or sale on any final 
process issued from any a court and every other legal process 
whatsoever including, but not limited to, process to collect 
court awards relating to marriage dissolution, legal separation, 
and child support, except as provided in section 518.611, and 
shall not be subject to the estate tax provisions of this 
state.  This section does not make the moneys nonmarital 
property.  
    Sec. 9.  Minnesota Statutes 1982, section 422A.24, is 
amended to read: 
    422A.24 [ALLOWANCES NOT ASSIGNABLE OR SUBJECT TO EXECUTION 
PROCESS.] 
    No moneys payable pursuant to chapter 422A shall be 
assignable either in law or equity or be subject to execution, 
levy, attachment, garnishment, or other legal process, except as 
provided in section 518.611, nor shall any of the proceeds of 
payments due pursuant to this chapter be subject to the 
inheritance tax provisions of this state upon transfer to a 
surviving spouse or minor or dependent child of the decedent or 
a trust for their benefit. 
    Sec. 10.  Minnesota Statutes 1982, section 423.39, is 
amended to read: 
    423.39 [FUNDS EXEMPT FROM EXECUTION.] 
    All payments made or to be made by any such policemen's 
relief association under any of the provisions of Laws 1947, 
Chapter 625, shall be totally exempt from garnishment, 
execution, or other legal process, except as provided in section 
518.611, and no persons entitled to such payment shall have the 
right to assign the same, nor shall the association have 
authority to recognize any assignment, or to pay any sum on 
account thereof; and any attempt to transfer any such right or 
claim, or any part thereof, shall be absolutely void.  
    Sec. 11.  Minnesota Statutes 1982, section 423.61, is 
amended to read: 
    423.61 [PENSION EXEMPT FROM LEGAL PROCESS.] 
    All payments made or to be made by any such policemen's 
relief association under any of the provisions of sections 
423.41 to 423.62 shall be totally exempt from garnishment, 
execution, or other legal process, except as provided in section 
518.611, and no persons entitled to such payment shall have the 
right to assign the same, nor shall the association have 
authority to recognize any assignment, or to pay any sum on 
account thereof; and any attempt to transfer any such right or 
claim, or any part thereof, shall be absolutely void.  
     Sec. 12.  Minnesota Statutes 1982, section 423.813, is 
amended to read: 
    423.813 [PAYMENTS EXEMPT FROM PROCESS, ASSIGNMENT 
FORBIDDEN.] 
    Any payment made by the association under any provision of 
sections 423.801 to 423.814 is exempt from any legal process, 
except as provided in section 518.611.  No person entitled to 
any such payment may assign the same.  The association may not 
recognize any assignment or pay any sum on account thereof.  
     Sec. 13.  [423A.16] [EXEMPTION FROM ASSIGNMENTS; PROCESS.] 
     Notwithstanding any law to the contrary, none of the 
moneys, annuities, or other benefits provided by any police or 
salaried firefighter's relief association shall be assignable in 
law or in equity, nor be subject to execution, levy, attachment, 
garnishment, or other legal process, except as provided in 
section 518.611. 
     Sec. 14.  Minnesota Statutes 1982, section 424.27, is 
amended to read: 
    424.27 [PAYMENTS EXEMPT FROM LEGAL PROCESS.] 
    All payments made or to be made by any relief associations 
under any of the provisions of sections 424.01 to 424.29 shall 
be totally exempt from garnishment, execution, or other legal 
process, except as provided in section 518.611, and no persons 
entitled to such payment shall have the right to assign the 
same, nor shall the association have authority to recognize any 
assignment, or to pay any sum on account thereof; and any 
attempt to transfer any such right or claim or any part thereof 
shall be void.  
     Sec. 15.  Minnesota Statutes 1983 Supplement, section 
424A.02, subdivision 6, is amended to read: 
    Subd. 6.  [PAYMENT OF SERVICE PENSIONS; NONASSIGNABILITY.] 
The method of calculating service pensions shall be applied 
uniformly, except as otherwise provided in this section.  No 
service pension shall be paid to any person while the person 
remains an active member of the respective fire department, and 
no person who is receiving a service pension shall be entitled 
to receive any other benefits from the special fund of the 
relief association.  No service pension or ancillary benefits 
paid or payable from the special fund of a relief association to 
any person receiving or entitled to receive a service pension or 
ancillary benefits shall be subject to garnishment, judgment, 
execution or other legal process, except as provided in section 
518.611.  No person entitled to a service pension or ancillary 
benefits from the special fund of a relief association may 
assign any service pension or ancillary benefit payments, nor 
shall the association have the authority to recognize any 
assignment or pay over any sum which has been assigned. 
    Sec. 16.  Minnesota Statutes 1983 Supplement, section 
518.17, subdivision 5, is amended to read:  
    Subd. 5.  [DEVIATION FROM GUIDELINES.] The court shall not 
may order the noncustodial parent to pay support in an amount 
below the appropriate amount determined from the guidelines in 
section 518.551, subdivision 5 for use in public assistance 
cases unless the court makes only after considering the factors 
in subdivision 4 of this section and making express findings of 
fact as to the reason for the lower order.  An order for support 
in an amount below the guidelines must include findings of fact 
regarding the financial resources and needs of the child.  
    Sec. 17.  Minnesota Statutes 1982, section 518.55, is 
amended to read:  
    518.55 [MAINTENANCE OR SUPPORT MONEY.] 
    Subdivision 1.  [CONTENTS OF ORDER.] Every award of 
maintenance or support money in a judgment of dissolution or 
legal separation shall clearly designate whether the same is 
maintenance or support money, or what part of the award is 
maintenance and what part is support money.  An award of 
payments from future income or earnings of the custodial parent 
is presumed to be maintenance and an award of payments from the 
future income or earnings of the noncustodial parent is presumed 
to be support money, unless otherwise designated by the court.  
In a judgment of dissolution or legal separation the court may 
determine, as one of the issues of the case, whether or not 
either spouse is entitled to an award of maintenance 
notwithstanding that no award is then made, or it may reserve 
jurisdiction of the issue of maintenance for determination at a 
later date. 
    Subd. 2.  [NOTICE OF DOCKETING JUDGMENT.] Every order for 
support or maintenance shall provide for a conspicuous notice 
that, if the obligor fails to make the support or maintenance 
payments, the obligee or a public agency responsible for 
maintenance or support enforcement may obtain docketing of a 
judgment for the unpaid amount under the provisions of section 
24.  The notice shall enumerate the conditions that must be met 
before the judgment can be docketed.  
    Sec. 18.  Minnesota Statutes 1983 Supplement, section 
518.551, subdivision 5, is amended to read:  
    Subd. 5.  [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] The 
petitioner shall notify the public authority of all proceedings 
for dissolution, legal separation, determination of parentage or 
for the custody of a child, if either party is receiving aid to 
families with dependent children or applies for it subsequent to 
the commencement of the proceeding.  After receipt of the 
notice, the court shall set child support by multiplying the 
obligor's net income by the percentage indicated by the 
following guidelines:  
Net Income Per                  Number of Children 
Month of Obligor 
                   1      2      3      4      5      6    7 or 
                                                           more 
$400 and Below          Order based on the ability of the 
                        obligor to provide support at these 
                        income levels, or at higher levels, 
                        if the obligor has the earning ability. 
$401 - 500        14%    17%    20%    22%    24%    26%    28% 
$501 - 550        15%    18%    21%    24%    26%    28%    30% 
$551 - 600        16%    19%    22%    25%    28%    30%    32% 
$601 - 650        17%    21%    24%    27%    29%    32%    34% 
$651 - 700        18%    22%    25%    28%    31%    34%    36% 
$701 - 750        19%    23%    27%    30%    33%    36%    38% 
$751 - 800        20%    24%    28%    31%    35%    38%    40% 
$801 - 850        21%    25%    29%    33%    36%    40%    42% 
$851 - 900        22%    27%    31%    34%    38%    41%    44% 
$901 - 950        23%    28%    32%    36%    40%    43%    46% 
$951 - 1000       24%    29%    34%    38%    41%    45%    48% 
$1001 and over    
     - 6000       25%    30%    35%    39%    43%    47%    50% 
    Guidelines for support for an obligor with a monthly income 
of $6001 or more shall be the same dollar amounts as provided 
for in the guidelines for an obligor with a monthly income of 
$6000.  
         Net Income defined as: 
         Total monthly 
         income less          *(1) Federal Income Tax 
                              *(2) State Income Tax 
                               (3) Social Security Deductions 
                               (4) Mandatory Pension 
         *Standard                 Deductions 
         Deductions apply-     (5) Union Dues 
         use of tax tables     (6) Cost of Dependent Health  
         recommended               Insurance Coverage  
                               (7) Cost of Individual 
                                   Health/Hospitalization  
                                   Coverage or an Equivalent
                                   Amount for Actual 
                                   Medical Expense Deductions
                                   not to exceed $25 a month
                                   Expenses.
    (a) The child support payment guidelines take into 
consideration the following criteria:  
    (1) all earnings, income, and resources of the obligor 
including real and personal property;  
    (2) the basic living needs of the obligor;  
    (3) the financial needs of the child or children to be 
supported; and 
    (4) the amount of the aid to families with dependent 
children grant for the child or children.  
    (b) Debts owed to private creditors are not to be 
considered In establishing a support obligation, the court may 
consider debts owed to private creditors, but only if:  
    (1) the right to support has not been assigned under 
section 256.74;  
    (2) the debt was reasonably incurred for necessary support 
of the child or obligee or for the necessary generation of 
income.  If the debt was incurred for the necessary generation 
of income, the court shall consider only the amount of debt that 
is essential to the continuing generation of income;  
    (3) the party requesting a departure produces a sworn 
schedule of the debts, with supporting documentation, showing 
goods or services purchased, the recipient of them, the amount 
of the original debt, the outstanding balance, the monthly 
payment, and the number of months until the debt will be fully 
paid; and 
    (4) the court determines that the debt was legitimately 
incurred for the necessary support of the child or obligee or 
for the necessary generation of income.  
    Any schedule prepared under paragraph (b), clause (3), 
shall contain a statement that the debt will be fully paid after 
the number of months shown in the schedule, barring emergencies 
beyond the party's control.  
    The court shall order child support in accordance with the 
guidelines and any departure therefrom.  Any further departure 
below the guidelines that is based on a consideration of debts 
owed to private creditors shall not exceed 18 months in 
duration, after which the support shall increase automatically 
to the level ordered by the court.  Nothing in this section 
shall be construed to prohibit one or more step increases in 
support to reflect debt retirement during the 18-month period.  
    Where payment of debt is ordered pursuant to this section, 
the payment shall be ordered to be in the nature of child 
support.  
    (c) Previous support orders and maintenance orders may be 
considered if the obligor is paying them.  
    (d) Nothing shall preclude the court from receiving 
evidence on the above factors to determine if the guidelines 
should be exceeded or modified in a particular case.  
    (e) The above guidelines are binding in each case unless 
the court makes express findings of fact as to the reason for 
departure below the guidelines in that case in which the court 
orders support that so deviates from the guidelines.  It may 
also increase the amount of child support by more than the 
guidelines without making express findings by agreement of the 
parties or by making further findings.  
    Sec. 19.  Minnesota Statutes 1983 Supplement, section 
518.551, subdivision 9, is amended to read:  
    Subd. 9.  [ASSIGNMENT OF RIGHTS; JUDGMENT.] The public 
agency responsible for child support enforcement is joined as a 
party in each case in which rights are assigned under section 
256.74, subdivision 5.  When arrearages are reduced to judgment, 
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 clerk 
of court, 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. 
    Sec. 20.  Minnesota Statutes 1983 Supplement, section 
518.611, subdivision 3, is amended to read:  
    Subd. 3.  [MODIFICATION ORDERS.] An order modifying the 
amount of maintenance or support, issued after the hearing on 
the motion to modify under subdivision 2, paragraph (c), of this 
section, shall provide that payments be made outright by 
withholding.  The provisions conditions precedent to withholding 
of subdivision 2 do not apply.  
    Sec. 21.  Minnesota Statutes 1983 Supplement, section 
518C.17, subdivision 1, is amended to read:  
    Subdivision 1.  [ISSUANCE OF ORDER.] If the responding 
court finds a duty of support, it may order the obligor to 
furnish support or reimbursement therefor and subject the 
property of the obligor to the order.  Support orders made under 
sections 518C.01 to 518C.36 shall require that payments be made 
as the responding court directs and the responding court shall 
order support payments under chapter 518.  Every order for 
support shall provide for a conspicuous notice that, if the 
obligor fails to make the support payments, the obligee or a 
public agency responsible for support enforcement may obtain 
docketing of a judgment for the unpaid amounts under the 
provisions of section 24.  The notice shall enumerate the 
conditions that must be met before the judgment can be 
docketed.  The court and the prosecuting attorney of a county in 
which the obligor is present or has property have the same 
powers and duties to enforce the order as have those of the 
county in which it was first issued.  If enforcement is 
impossible, or cannot be completed in the county in which the 
order was issued, the prosecuting attorney shall send a 
certified copy of the order to the prosecuting attorney of a 
county in which it appears that the proceedings to enforce the 
order would be effective.  The prosecuting attorney to whom the 
certified copy of the order is forwarded shall proceed with 
enforcement and report the results of the proceedings to the 
court first issuing the order.  
    Sec. 22.  Minnesota Statutes 1983 Supplement, section 
548.09, subdivision 1, is amended to read:  
    Subdivision 1.  [DOCKETING; SURVIVAL OF JUDGMENT.] Except 
as provided in section 24, every judgment requiring the payment 
of money, including a judgment or decree of dissolution or 
separate maintenance, a determination of parentage, an order 
under the Reciprocal Enforcement of Support Act, or an order 
under section 256.87, any of which provide for installment or 
periodic payments of child support, spousal maintenance, or 
both, shall be docketed by the clerk upon its entry.  Upon a 
transcript of the docket being filed with the clerk in any other 
county, the clerk shall also docket it.  From the time of 
docketing the judgment is a lien, in the amount unpaid, upon all 
real property in the county then or thereafter owned by the 
judgment debtor.  The judgment survives, and the lien continues, 
for ten years after its entry. 
    Sec. 23.  Minnesota Statutes 1983 Supplement, section 
548.09, subdivision 3, is amended to read: 
    Subd. 3.  [VIOLATIONS BY CLERK.] If the clerk violates this 
provision, neither the judgment nor the docketing is invalid, 
but the clerk shall be liable to a person damaged by the 
violation in the sum of $5. 
    Sec. 24.  [548.091] [SUPPORT AND MAINTENANCE JUDGMENT.] 
    Subdivision 1.  [DOCKETING OF JUDGMENT.] A judgment for 
unpaid amounts under a judgment or decree of dissolution or 
legal separation, determination of parentage, an order under 
chapter 518C, or an order under section 256.87, any of which 
provide for installment or periodic payments of child support, 
maintenance, or both, shall be entered and docketed by the clerk 
of court only when ordered by the court or when the following 
conditions are met:  
    (a) The obligee or the public authority determines that the 
obligor is at least 30 days in arrears;  
    (b) The obligee or public authority serves a copy of an 
affidavit of default and notice of intent to enter judgment on 
the obligor by mail at his last known post office address. 
Service shall be deemed complete upon mailing in the manner 
designated.  The affidavit shall state the full name, 
occupation, place of residence, and last known post office 
address of the obligor, the name and post office address of the 
obligee, the date of the first unpaid amount, the date of the 
last unpaid amount, and the total amount unpaid;  
    (c) The obligor fails within 20 days after mailing of the 
notice either to pay all unpaid amounts or to request a hearing 
on the issue of whether arrears claimed owing have been paid and 
to seek, ex parte, a stay of entry of judgment; and 
    (d) Not less than 20 days after service on the obligor in 
the manner provided, the obligee or public authority files with 
the clerk the affidavit of default together with proof of 
service and, if payments have been received by the obligee or 
public authority since execution of the affidavit of default, a 
supplemental affidavit setting forth the amount of payment 
received.  
    Subd. 2.  [AMOUNT AND SURVIVAL OF JUDGMENT.] The clerk of 
court shall enter and docket judgment in the amount of each 
affidavit filed under subdivision 1 less any amount paid.  From 
the time of docketing, the judgment is a lien in the amount 
unpaid upon all the real property in the county then or after 
owned by the judgment debtor.  The judgment survives and the 
lien continues for ten years after its entry.  
    Subd. 3.  [JUDGMENTS DOCKETED PRIOR TO DEFAULT.] An obligor 
whose property is subject to the lien of a judgment for 
installment of periodic payments of child support, maintenance, 
or both, under section 548.09, and who claims that no amount of 
support or maintenance is in arrears, may move the court ex 
parte for an order directing the clerk to vacate the lien of the 
judgment on the docket and register of the action where it was 
entered.  The obligor shall file with the motion an affidavit 
stating that:  
    (a) The lien attached upon the docketing of a judgment or 
decree of dissolution or separate maintenance, a determination 
of parentage, an order under the Reciprocal Enforcement of 
Support Act, or an order under section 256.87;  
    (b) The docketing was made while no installment or periodic 
payment of child support, maintenance, or both, was unpaid or 
overdue; and 
    (c) No installment or periodic payment of child support, 
maintenance, or both, that was due prior to the filing of the 
motion remains unpaid or overdue.  
    The court shall grant the obligor's motion as soon as 
possible if the pleadings and affidavit show that there is and 
has been no default.  
    Sec. 25.  Minnesota Statutes 1982, section 548.13, is 
amended to read:  
    548.13 [ASSIGNMENT OF JUDGMENT; MODE AND EFFECT.] 
    Every assignment of a judgment shall be in writing, signed 
and acknowledged by the assignor, and except that written notice 
of assignment shall be sufficient in the case of assignment 
under section 256.74.  No such assignment shall be valid as 
against a subsequent purchaser of the judgment in good faith for 
value, or against a creditor levying upon or attaching the same, 
unless it is filed with the clerk and an entry thereof is made 
in the docket.  When so filed and entered, none no one but the 
assignee, his agent, or attorney, shall be authorized to collect 
or enforce such the judgment; provided, that the lien of an 
attorney thereon on the judgment shall not be affected by the 
assignment. 
    Sec. 26.  Minnesota Statutes 1982, section 548.17, is 
amended to read:  
    548.17 [PAYMENT AND SATISFACTION BY CLERK.] 
    Subdivision 1.  [JUDGMENTS OTHER THAN FOR SUPPORT AND 
MAINTENANCE.] Except as provided in subdivision 2, when a 
judgment debtor or other person whose property is subject to the 
lien of a money judgment shall file files with the clerk an 
affidavit that he has made diligent search and inquiry and is 
unable to find any person having authority to receive payment 
and give satisfaction of such judgment, he may pay the amount 
due thereon on the judgment to the clerk, who, upon receipt 
thereof, shall note satisfaction of such the judgment on the 
docket and register of the action wherein where it was entered, 
and the clerk shall issue a certificate reciting the payment and 
satisfaction under his seal to the person paying the same a 
certificate reciting such payment and satisfaction judgment.  
The clerk shall at once notify all persons appearing of record 
to have an interest in such the judgment, including the attorney 
of the judgment creditor, of its payment and satisfaction, and.  
Upon demand, the clerk shall pay such the money to the person 
entitled thereto, taking duplicate receipts therefor, one of 
which he shall retain, and one which he shall file the other in 
the case.  
    Subd. 2.  [JUDGMENTS FOR SUPPORT AND MAINTENANCE.] When an 
obligor whose property is subject to the lien of a judgment for 
installment of periodic payments of child support, maintenance, 
or both, under section 24, files an affidavit with the clerk 
that the obligee cannot be found or refuses to receive payment 
and give satisfaction for the amount of each sum docketed, he 
may pay the amount due on the judgment to the clerk who, upon 
receipt, shall note satisfaction of the amount due on the docket 
and register of the action where it was entered, and the clerk 
shall issue a certificate under his seal to the obligor which 
recites the payment and satisfaction.  The clerk shall at once 
notify all persons appearing of record to have an interest in 
the judgment, including the obligee's attorney, of the payment 
and satisfaction.  Upon demand, the clerk shall pay the money to 
the person entitled, taking duplicate receipts, one which he 
shall retain, and one which he shall file in the case.  
   Sec. 27.  [REPEALER.] 
    Laws 1931, chapter 48, section 5; Laws 1935, chapter 192, 
section 4; Laws 1943, chapter 397, section 26; Laws 1945, 
chapter 74, section 5; Laws 1947, chapter 43, section 26; Laws 
1949, chapters 87, section 29; 144, section 26; 378, section 26; 
and 406, section 7, subdivision 3, as amended by Laws 1953, 
chapter 127, section 7, and Laws 1965, chapter 520, section 1; 
Laws 1953, chapters 91, section 12; 348, section 22; and 399, 
section 26; Laws 1955, chapters 75, section 27, as amended by 
Laws 1965, chapter 190, section 1, and Laws 1969, chapter 138, 
section 1; 151, section 17; and 375, section 28; Laws 1959, 
chapter 131, section 22; Laws 1961, chapters 343, section 22, as 
amended by Laws 1967, chapter 702, section 6; and 631, section 
4; Laws 1963, chapters 443, section 22; and 643, section 23; 
Laws 1965, chapter 605, section 28; Laws 1971, chapter 51, 
section 14, subdivision 16; Laws 1973, chapter 432, section 7, 
subdivision 2; Laws 1974, chapter 382, section 7, subdivision 2; 
Laws 1977, chapter 374, section 15; and Laws 1982, chapter 610, 
section 18, are repealed.  
    Sec. 28.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved April 25, 1984

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569