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Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1986 

                        CHAPTER 404-S.F.No. 1721 
           An act relating to human services; providing for 
          health and dental coverage as child support; 
          regulating withholding for purposes of child support; 
          amending Minnesota Statutes 1984, sections 145.892, 
          subdivision 2; 145.894; 245.83, by adding a 
          subdivision; 245.84, subdivision 1; 256.975, by adding 
          a subdivision; 393.07, subdivision 10, and by adding a 
          subdivision; 518C.02, subdivision 3; Minnesota 
          Statutes 1985 Supplement, sections 518.611, 
          subdivisions 4, 6, and by adding a subdivision; 
          518.645; proposing coding for new law in Minnesota 
          Statutes, chapters 124, 144, 245, 268, and 518; 
          repealing Minnesota Statutes 1984, section 518.551, 
          subdivision 8. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 245.83, is 
amended by adding a subdivision to read: 
    Subd. 6.  "Resource and referral program" means a program 
that provides information to parents, including referrals and 
coordination of community child care resources for parents and 
public or private providers of care.  Services may include 
parent education, technical assistance for providers, staff 
development programs, and referrals to social services. 
    Sec. 2.  Minnesota Statutes 1984, section 245.84, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AUTHORITY.] The county board is authorized 
to provide child care services, to make grants from the 
community social service fund or other sources to any 
municipality, corporation or combination thereof for the cost of 
providing technical assistance and child care services, or to 
contract for services with any licensed day care facility, as 
the board deems necessary or proper to carry out the purposes of 
sections 245.83 to 245.87. 
    The board is further authorized to make grants to or 
contract with any municipality, incorporated licensed child care 
facility or resource and referral program, or corporation or 
combination thereof for any of the following purposes: 
    (a) For creating new licensed day care facilities and 
expanding existing facilities including, but not limited to, 
supplies, equipment, and facility renovation and remodeling; 
    (b) For improving licensed day care facility programs, 
including, but not limited to, staff specialists, staff 
training, supplies, equipment, and facility renovation and 
remodeling; 
    (c) For supportive child development services including, 
but not limited to, inservice training, curriculum development, 
consulting specialist, resource centers, and program and 
resource materials; 
    (d) For carrying out programs including, but not limited 
to, staff, supplies, equipment, facility renovation, and 
training; and, 
    (e) For interim financing; and 
    (f) For carrying out the resource and referral program 
services identified in section 3, subdivision 3. 
    Sec. 3.  [268.911] [GRANTS FOR SCHOOL AGE CHILD CARE 
PROGRAMS AND CHILD CARE RESOURCE AND REFERRAL PROGRAMS.] 
    Subdivision 1.  [AUTHORITY.] The commissioner may make 
grants to public or private nonprofit agencies for the planning, 
establishment, expansion, improvement, or operation of child 
care resource and referral programs and child care services 
according to the provisions of this section and may make grants 
to county boards to carry out the purposes of section 245.84. 
    Subd. 2.  [FEDERAL DEPENDENT CARE GRANTS PROGRAM.] The 
commissioner shall submit an application annually to the United 
States secretary of health and human services for the purpose of 
obtaining the state's allotment of funds authorized under 
chapter 8 of Title VI of the Omnibus Budget Reconciliation Act, 
United States Code, title 42, sections 9871 to 9877.  Federal 
funds received under this allotment for the planning, 
development, establishment, expansion, or improvement of local 
resource and referral systems and school age child care services 
which are awarded as grants under subdivision 1 must be used in 
conformance with the federal requirements. 
    Subd. 3.  [PROGRAM SERVICES.] The commissioner may make 
grants to public or private nonprofit entities to fund child 
care resource and referral programs.  Child care resource and 
referral programs must serve a defined geographic area. 
    (a) Each program shall identify all existing child care 
services through information provided by all relevant public and 
private agencies in the areas of service, and shall develop a 
resource file of the services which shall be maintained and 
updated at least quarterly.  These services must include family 
day care homes; public and private day care programs; full-time 
and part-time programs; infant, preschool, and extended care 
programs; and programs for school age children. 
    The resource file must include:  the type of program, hours 
of program service, ages of children served, fees, location of 
the program, eligibility requirements for enrollment, and 
transportation available to the program.  The file may also 
include program information and special needs services. 
    (b) Each program shall establish a referral process which 
responds to parental need for information and which fully 
recognizes confidentiality rights of parents.  The referral 
process must afford parents maximum access to all referral 
information.  This access must include telephone referral 
available for no less than 20 hours per week. 
    Each child care resource and referral agency shall 
publicize its services through popular media sources, agencies, 
and other appropriate methods. 
    (c) Each program shall maintain ongoing documentation of 
requests for service.  All child care resource and referral 
agencies must maintain documentation of the number of calls and 
contacts to the child care information and referral agency or 
component.  A program may collect and maintain the following 
information: 
    (1) ages of children served; 
    (2) time category of child care request for each child; 
    (3) special time category, such as nights, weekends, and 
swing shift; and 
    (4) reason that the child care is needed. 
    (d) Each program shall have available the following 
information as an educational aid to parents: 
    (1) information on aspects of evaluating the quality and 
suitability of child care services, including licensing 
regulation, financial assistance available, child abuse 
reporting procedures, appropriate child development information; 
    (2) information on available parent, early childhood, and 
family education programs in the community. 
    (e) A program may provide technical assistance to existing 
and potential providers of all types of child care services.  
This assistance shall include: 
    (1) information on all aspects of initiating new child care 
services including licensing, zoning, program and budget 
development, and assistance in finding information from other 
sources; 
    (2) information and resources which help existing child 
care providers to maximize their ability to serve the children 
and parents of their community; 
    (3) dissemination of information on current public issues 
affecting the local and state delivery of child care services; 
    (4) facilitation of communication between existing child 
care providers and child-related services in the community 
served; and 
    (5) recruitment of licensed providers. 
    Services prescribed by this section must be designed to 
maximize parental choice in the selection of child care and to 
facilitate the maintenance and development of child care 
services and resources. 
    (f) Child care resource and referral information must be 
provided to all persons requesting services and to all types of 
child care providers. 
    (g) Public or private entities may apply to the 
commissioner for funding.  The maximum amount of money which may 
be awarded to any entity for the provision of service under this 
subdivision is $60,000 per year.  A local match of up to 25 
percent is required. 
    Subd. 4.  [APPLICATION; RULES.] Applicants for grants under 
subdivision 1 shall apply on a form provided by the 
commissioner.  Applications for grants using funds received by 
the state pursuant to subdivision 2 shall include assurances 
that federal requirements have been met.  The commissioner may 
adopt emergency rules and shall adopt permanent rules to 
implement this section. 
    Sec. 4.  [124.647] [WAIVER; PILOT SCHOOL BREAKFAST 
PROGRAMS.] 
    The commissioner of education shall request a waiver from 
the United States government as necessary to allow pilot school 
breakfast programs to be implemented in school districts where 
no program currently exists.  The pilot school breakfast program 
shall provide students with breakfasts designed to be taken with 
the student and consumed away from the school site. 
    Sec. 5.  [124.6471] [SCHOOL BREAKFAST INCENTIVE.] 
    The commissioner of education may provide a cash incentive 
to schools to increase participation in school breakfast 
programs or to initiate a school breakfast program if none 
currently exists. 
    Sec. 6.  [144.092] [COORDINATED NUTRITION DATA COLLECTION.] 
    The commissioner of health shall develop and coordinate a 
reporting system to improve the state's ability to document 
inadequate nutrient and food intake of Minnesota's children and 
adults and to identify problems and determine the most 
appropriate strategies for improving inadequate nutritional 
status.  The board on aging shall develop a method to evaluate 
the nutritional status and requirements of the elderly in 
Minnesota.  The commissioner of health and the board on aging 
shall report to the legislature on each July 1, beginning in 
1988, on the results of their investigation and their 
recommendations on the nutritional needs of Minnesotans. 
    Sec. 7.  Minnesota Statutes 1984, section 145.892, 
subdivision 2, is amended to read: 
    Subd. 2.  "Local health agency" means the county public 
health nursing service community health services agency or any 
public or private nonprofit organization which enters into a 
contract with the commissioner of health pursuant to sections 
145.891 to 145.897. 
    Sec. 8.  Minnesota Statutes 1984, section 145.894, is 
amended to read: 
    145.894 [STATE COMMISSIONER OF HEALTH; DUTIES, 
RESPONSIBILITIES.] 
    The commissioner of health shall: 
    (a) Develop a comprehensive state plan for the delivery of 
nutritional supplements to pregnant and lactating women, 
infants, and children; 
    (b) Contract with existing local public or private 
nonprofit organizations for the administration of the 
nutritional supplement program; 
    (c) Develop and implement a public education program 
promoting the provisions of sections 145.891 to 145.897, and 
provide for the delivery of individual and family nutrition 
education and counseling at project sites; 
    (d) Develop in cooperation with other agencies and vendors 
a uniform state voucher system for the delivery of nutritional 
supplements; 
    (e) Develop, analyze and evaluate the health aspects of the 
nutritional supplement program and establish nutritional 
guidelines for the program; 
    (f) Apply for and, administer any, and annually expend at 
least 99 percent of available federal or private funds; 
    (g) Coordinate with the state and local public welfare 
agencies in identifying Aggressively market services to eligible 
individuals by conducting ongoing outreach activities and by 
coordinating with and providing marketing materials and 
technical assistance to local human services and community 
service agencies and nonprofit service providers; 
    (h) Determine, on July 1 of each year, the number of 
pregnant women participating in each special supplemental food 
program for women, infants, and children (W.I.C.) and, in 1986, 
1987, and 1988, at the commissioner's discretion, designate a 
different food program deliverer if the current deliverer fails 
to increase the participation of pregnant women in the program 
by at least ten percent over the previous year's participation 
rate; 
    (h) (i) Promulgate all rules and regulations necessary to 
carry out the provisions of sections 145.891 to 145.897; and 
    (i) (j) Report to the legislature by November 15 of every 
year on the expenditures and activities under sections 145.891 
to 145.897 of the state and local health agencies for the 
preceding fiscal year. 
    Sec. 9.  [245.771] [SUPERVISION OF FOOD STAMP PROGRAM.] 
    Subdivision 1.  [SUPERVISION OF PROGRAM.] The commissioner 
of human services shall supervise the food stamp program to aid 
administration of the food stamp program by county welfare 
boards pursuant to section 393.07, subdivision 10, to promote 
excellence of administration and program operation, and to 
ensure compliance with all federal laws and regulations so that 
all eligible persons are able to participate. 
    Subd. 2.  [WAIVERS.] The commissioner of human services 
shall apply to the United States Department of Agriculture for 
waivers of monthly reporting and retrospective budgeting 
requirements. 
    Sec. 10.  Minnesota Statutes 1984, section 256.975, is 
amended by adding a subdivision to read: 
    Subd. 4.  [HOME DELIVERED MEALS.] The board on aging shall 
take appropriate action to secure reimbursement from public and 
private medical care programs, health plans, and health insurers 
for home-delivered meals that are a necessary part of medical 
treatment for the elderly. 
    Sec. 11.  Minnesota Statutes 1984, section 393.07, 
subdivision 10, is amended to read: 
    Subd. 10.  [FEDERAL FOOD STAMP PROGRAM.] (a) The county 
welfare board shall establish and administer the food stamp 
program pursuant to rules of the commissioner of human services 
and all federal laws and regulations.  The commissioner of human 
services shall monitor food stamp program delivery on an ongoing 
basis to ensure that each county complies with federal laws and 
regulations.  Program requirements to be monitored include, but 
are not limited to, number of applications, number of approvals, 
number of cases pending, length of time required to process each 
application and deliver benefits, number of applicants eligible 
for expedited issuance, length of time required to process and 
deliver expedited issuance, number of terminations and reasons 
for terminations, client profiles by age, household composition 
and income level and sources, and the use of phone certification 
and home visits.  The commissioner shall determine the 
county-by-county and statewide participation rate.  The 
commissioner shall report on the monitoring activities on a 
county-by-county basis in a report presented to the legislature 
by July 1 each year.  This monitoring activity shall be separate 
from the management evaluation survey sample required under 
federal regulations.  
    (b) On July 1 of each year, the commissioner of human 
services shall determine a statewide and county-by-county food 
stamp program participation rate.  The commissioner may 
designate a different agency to administer the food stamp 
program in a county if the agency administering the program 
fails to increase the food stamp program participation rate 
among families or eligible individuals, or comply with all 
federal laws and regulations governing the food stamp program.  
The commissioner shall review agency performance annually to 
determine compliance with this paragraph. 
    (c) The county welfare board shall participate in a food 
stamp quality control system subject to the supervision of the 
commissioner of human services and pursuant to federal 
regulations.  
    Any person who commits any of the following acts is guilty 
of theft and shall be sentenced pursuant to section 609.52, 
subdivision 3, clauses (1), (2), and (5): 
    (a) (1) Obtains or attempts to obtain, or aids or abets any 
person to obtain by means of a wilfully false statement or 
representation, or intentional concealment of a material fact, 
food stamps to which he is not entitled or in an amount greater 
than that to which he is entitled; or 
    (b) (2) Presents or causes to be presented, coupons for 
payment or redemption knowing them to have been received, 
transferred or used in a manner contrary to existing state or 
federal law; or 
    (c) (3) Willfully uses or transfers food stamp coupons or 
authorization to purchase cards in any manner contrary to 
existing state or federal law. 
    The amount of food stamps incorrectly issued shall be the 
difference between the amount of food stamps actually received 
and the amount to which the recipient would have been entitled 
under state and federal law had the welfare agency been informed 
of all material facts.  The amount of any food stamps determined 
to have been incorrectly issued, used, transferred or presented 
shall, unless otherwise determined by the county welfare board 
in order to prevent undue hardship, be recoverable from the 
recipient, or user, or his estate by the county as a debt due 
the county. 
    Sec. 12.  Minnesota Statutes 1984, section 393.07, is 
amended by adding a subdivision to read:  
    Subd. 10a.  [EXPEDITED ISSUANCE OF FOOD STAMPS.] The 
commissioner of human services shall continually monitor the 
expedited issuance of food stamp benefits to ensure that each 
county complies with federal regulations and that households 
eligible for expedited issuance of food stamps are identified, 
processed, and certified within the time frames prescribed in 
federal regulations.  By July 1 each year the commissioner of 
human services shall present a report to the governor and the 
legislature regarding its monitoring of expedited issuance and 
the degree of compliance with federal regulations on a 
county-by-county basis. 
    County food stamp offices shall screen and issue food 
stamps to applicants on the day of application.  Applicants who 
meet the federal criteria for expedited issuance and have an 
immediate need for food assistance shall receive either: 
    (1) a manual Authorization to Participate (ATP) card; or 
    (2) the immediate issuance of food stamp coupons.  
    The local food stamp agency shall conspicuously post in 
each food stamp office a notice of the availability of and the 
procedure for applying for expedited issuance and verbally 
advise each applicant of the availability of the expedited 
process. 
    Sec. 13.  [518.171] [MEDICAL SUPPORT.] 
    Subdivision 1.  [ORDER.] Unless the obligee has group 
dependent health insurance coverage available at a more 
reasonable cost, the court shall order the obligor to name the 
minor child as beneficiary on any health and dental insurance 
plan that is available to the obligor on a group basis or 
through an employer or union. 
    If the court finds that dependent health or dental 
insurance is not available to the obligor on a group basis or 
through an employer or union, or that the group insurer is not 
accessible to the obligee, the court may require the obligor to 
obtain dependent health or dental insurance, or to be liable for 
reasonable and necessary medical or dental expenses of the child.
    Subd. 2.  [SPOUSAL COVERAGE.] The court shall require the 
obligor to provide dependent health and dental insurance for the 
benefit of the obligee if it is available at no additional cost 
to the obligor and in this case the provisions of this section 
apply. 
    Subd. 3.  [IMPLEMENTATION.] A copy of the court order for 
insurance coverage shall be forwarded to the obligor's employer 
or union by the obligee or the public authority responsible for 
support enforcement only when ordered by the court or when the 
following conditions are met: 
    (1) the obligor fails to provide written proof to the 
obligee or the public authority, within 30 days of receiving 
effective notice of the court order, that the insurance has been 
obtained or that application for insurability has been made; 
    (2) the obligee or the public authority serves written 
notice of its intent to enforce medical support on the obligor 
by mail at his or her last known post office address; and 
    (3) the obligor fails within 15 days after the mailing of 
the notice to provide written proof to the obligee or the public 
authority that the insurance coverage existed as of the date of 
mailing. 
    Subd. 4.  [EFFECT OF ORDER.] The order is binding on the 
employer or union when service under subdivision 3 has been made.
Upon receipt of the order, or upon application of the obligor 
pursuant to the order, the employer or union shall enroll the 
minor child as a beneficiary in the group insurance plan and 
withhold any required premium from the obligor's income or 
wages.  If more than one plan is offered by the employer or 
union, the child shall be enrolled in the insurance plan in 
which the obligor is enrolled or the least costly plan otherwise 
available to the obligor that is comparable to a number two 
qualified plan.  The insurance coverage for a child eligible 
under subdivision 5 shall not be terminated except as authorized 
in subdivision 5. 
    Subd. 5.  [ELIGIBLE CHILD.] A minor child that an obligor 
is required to cover as a beneficiary pursuant to this section 
is eligible for insurance coverage as a dependent of the obligor 
until the child is emancipated or until further order of the 
court. 
    Subd. 6.  [INSURER NOTICE.] The signature of the custodial 
parent of the insured dependent is a valid authorization to the 
insurer for purposes of processing an insurance reimbursement 
payment to the provider of the medical services.  When an order 
for dependent insurance coverage is in effect and the obligor's 
employment is terminated, or the insurance coverage is 
terminated, the insurer shall notify the obligee within 10 days 
of the termination date with notice of conversion privileges. 
    Subd. 7.  [RELEASE OF INFORMATION.] When an order for 
dependent insurance coverage is in effect, the obligor's 
employer or union shall release to the obligee or the public 
authority, upon request, information on the dependent coverage, 
including the name of the insurer.  Notwithstanding any other 
law, information reported pursuant to section 268.121 shall be 
released to the public agency responsible for support 
enforcement that is enforcing an order for medical or dental 
insurance coverage under this section. 
    Subd. 8.  [OBLIGOR LIABILITY.] The obligor that fails to 
maintain the medical or dental insurance for the benefit of the 
children as ordered shall be liable to the obligee for any 
medical or dental expenses incurred from the date of the court 
order.  Proof of failure to maintain insurance constitutes a 
showing of increased need by the obligee pursuant to section 
518.64 and provides a basis for a modification of the obligor's 
child support order. 
    Subd. 9.  [APPLICATION FOR SERVICE.] The public agency 
responsible for support enforcement shall take necessary steps 
to implement and enforce an order for dependent health or dental 
insurance whenever the children receive public assistance, or 
upon application of the obligee to the public agency and payment 
by the obligee of any fees required by section 518.551. 
    Sec. 14.  Minnesota Statutes 1985 Supplement, section 
518.611, subdivision 4, is amended to read: 
    Subd. 4.  [EFFECT OF ORDER.] Notwithstanding any law to the 
contrary, the order is binding on the employer, trustee, or 
other payor of the funds when service under subdivision 2 has 
been made.  Withholding must begin no later than the first pay 
period that occurs after 14 days following the date of the 
notice.  An employer or other payor of funds in this state is 
required to withhold income according to court orders for 
withholding issued by other states or territories.  The payor 
shall withhold from the income payable to the obligor the amount 
specified in the order and amounts required under subdivision 2, 
paragraph (b) and shall remit, monthly or more frequently within 
ten days of the date the obligor is paid the remainder of the 
income, the amounts withheld to the public authority.  Employers 
may combine all amounts withheld from one pay period into one 
payment to each public authority, but shall separately identify 
each obligor making payment.  Amounts received by the public 
authority which are in excess of public assistance expended for 
the party or for a child shall be remitted to the party.  An 
employer shall not discharge, or refuse to hire, or otherwise 
discipline an employee as a result of a wage or salary 
withholding authorized by this section.  The employer or other 
payor of funds shall be liable to the obligee for any amounts 
required to be withheld. 
    Sec. 15.  Minnesota Statutes 1985 Supplement, section 
518.611, subdivision 6, is amended to read: 
    Subd. 6.  [PRIORITY.] An order for withholding under this 
section or execution or garnishment upon a judgment for child 
support arrearages or preadjudicated expenses shall have 
priority over an attachment, execution, garnishment, or wage 
assignment and shall not be subject to the statutory limitations 
on amounts levied against the income of the obligor.  Amounts 
withheld from an employee's income must not exceed the maximum 
permitted under the Consumer Credit Protection Act, United 
States Code, title 15, section 1673(b)(2).  If there is more 
than one withholding order on a single employee, the employer 
shall put them into effect, giving priority first to amounts 
currently due and not in arrears and then to other amounts, in 
the order sequence in which the withholding orders were received 
up to the maximum allowed in the Consumer Credit Protection Act. 
    Sec. 16.  Minnesota Statutes 1984, section 518.611, is 
amended by adding a subdivision to read: 
    Subd. 8a.  [LUMP SUM PAYMENTS.] Upon the transmittal of the 
last reimbursement payment to the employee, where lump sum 
severance pay, accumulated sick pay or vacation pay is paid upon 
termination of employment, and where the employee is in arrears 
in making court ordered child support payments, the employer 
shall withhold an amount which is the lesser of (1) the amount 
in arrears or (2) that portion of the arrearages which is the 
product of the obligor's monthly court ordered support amount 
multiplied by the number of months of net income that the lump 
sum payment represents. 
    Sec. 17.  Minnesota Statutes 1985 Supplement, section 
518.645, is amended to read:  
    518.645 [FORM OF ORDER.] 
    Unless otherwise ordered by the court, an order for 
withholding of support or maintenance payments issued under this 
chapter shall be substantially in the following form:  
    IT IS ORDERED THAT:  
    1.  The sum of ..................... per ..........., 
representing child support and/or spousal maintenance, ordered 
by the Court, shall be withheld from the (Husband/Wife 
Respondent/Petitioner)'s income on .................. by 
(his/her) present employer or other payor of funds, 
................................., and any future employer or 
other payor of funds, and shall be remitted to: 
.........................., monthly or more frequently, in 
accordance with the provisions of Minnesota Statutes, Chapter 
518.  The file number above and the Obligor's name shall be 
included with each remittance.  
    2.  An additional amount equal to 20 percent of the amount 
required to be withheld by paragraph 1 shall be withheld from 
the income of the Obligor by the employer or payor until the 
entire arrearage in paragraph 3(b) is paid. 
    3.  The parties are notified that CHILD SUPPORT AND/OR 
MAINTENANCE WILL BE WITHHELD FROM INCOME ONLY AFTER ALL OF THE 
FOLLOWING CONDITIONS HAVE BEEN MET:  
    (a) ............... or the Obligee determines that the 
Obligor is at least thirty days in arrears in the payment of 
child support and/or spousal maintenance;  
    (b) .............. or the Obligee serves written notice of 
income withholding on the Obligor showing the determination that 
child support and/or maintenance payments are thirty days in 
arrears;  
    (c) Within fifteen days after service of the notice of 
income withholding, the Obligor fails to move the Court to deny 
withholding on the grounds that an arrearage of at least 30 days 
does not exist as of the date of the notice of income 
withholding or on other grounds limited to mistakes of fact and, 
ex parte, to stay service of withholding on the employer or 
other payor of funds until the motion to deny withholding is 
heard.  Within 45 days from the date of the notice of income 
withholding, the court shall hold the hearing on the motion to 
deny withholding and notify the parties of its decision; and 
    (d) Not sooner than 15 days after service of written notice 
of income withholding on the Obligor, .............. or the 
Obligee serves a copy of the notice of income withholding and a 
copy of the Court's withholding order on the employer or other 
payor of funds, who will then be obligated to withhold payments 
from income and forward the amount withheld to ............ .  
    4.  The parties and the employer or other payor of funds 
are further notified that NO EMPLOYER MAY DISCHARGE, SUSPEND, OR 
OTHERWISE PENALIZE OR DISCIPLINE AN EMPLOYEE BECAUSE THE 
EMPLOYER MUST WITHHOLD SUPPORT OR MAINTENANCE MONEY.  Minnesota 
Statutes, section 518.611. 
    5.  The payments shall begin to be withheld no later than 
the first pay period that occurs after 14 days following the 
date of mailing of the notice to the employer or other payor of 
funds in paragraph 3(d) and from that date the employer or other 
payor of funds is liable for amounts required to be withheld. 
    6.  This order for withholding takes priority over any 
attachment, execution, garnishment, or wage assignment levied 
against the income of the Obligor.  Amounts withheld are not 
subject to other statutory limitations on amounts levied against 
the income of the Obligor but must not exceed the maximum 
permitted under the federal Consumer Credit Protection Act, 
United States Code, title 15, section 1673(b)(2).  If there is 
more than one withholding order on a single Obligor, the 
employer or other payor of funds shall put them into effect in 
the order received, up to the maximum allowed under the Consumer 
Credit Protection Act.  
    7.  When the Obligor's employment is terminated or the 
periodic payment ends, the employer or other payor of funds is 
required to notify ......................... within 30 days of 
the termination date.  The notice must include the Obligor's 
home address of record and, if known, the name and address of 
the Obligor's new employer or other payor of funds. 
    8.  Upon transmittal of the last reimbursement payment to 
the obligor, where lump sum severance pay, accumulated sick pay 
or vacation pay is paid upon termination of employment, and 
where the employee is in arrears in making court ordered child 
support payments, the employer must withhold an amount which is 
the lesser of (1) the amount in arrears or (2) that portion of 
the arrearages which is the product of the obligor's monthly 
court ordered support amount multiplied by the number of months 
of net income that the lump sum payment represents.  
    8. 9.  If the Obligee serves the employer or other payor of 
funds under paragraph 3(d), the Obligee shall also serve the 
determination and order on ..............., together with an 
application and fee to use collection services.  
    9. 10.  Service of this Order shall be................... 
.............................................................. . 
    Sec. 18.  [518.646] [NOTICE OF ORDER.] 
    Whenever these laws require service of a court's order on 
an employer, union or payor of funds, service of a verified 
notice of order may be made in lieu thereof.  The verified 
notice shall contain the title of the action, the name of the 
court, the court file number, the date of the court order, and 
shall recite the operative provisions of the order. 
    Sec. 19.  Minnesota Statutes 1984, section 518C.02, 
subdivision 3, is amended to read: 
    Subd. 3.  [DUTY OF SUPPORT.] "Duty of support" means a duty 
of support, whether imposed or imposable by law or by order, 
decree or judgment of a court, whether interlocutory or final, 
or whether incidental to an action for divorce, separation, 
separate maintenance or otherwise and includes the duty to pay 
arrearages of support past due and unpaid, as well as the duty 
to provide medical, health, or dental insurance or support. 
    Sec. 20.  [REPEALER.] 
    Minnesota Statutes 1984, section 518.551, subdivision 8, is 
repealed. 
    Approved March 24, 1986