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Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1988 

                        CHAPTER 593-S.F.No. 1582 
           An act relating to marriage dissolution; providing for 
          child support enforcement; specifying conditions for 
          judgment by operation of law; amending Minnesota 
          Statutes 1986, sections 256.87, subdivisions 1, 1a, 6, 
          and by adding a subdivision; 257.66, subdivision 5; 
          518.55, subdivision 2, and by adding a subdivision; 
          518.551, subdivision 9; 518C.17, subdivision 1; 
          548.091, subdivisions 2, 3, and by adding 
          subdivisions; Minnesota Statutes 1987 Supplement, 
          section 548.091, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1986, section 256.87, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ACTIONS AGAINST PARENTS FOR ASSISTANCE 
FURNISHED.] A parent of a child is liable for the amount of 
assistance furnished under sections 256.72 to 256.87 to and for 
the benefit of the child, including any assistance furnished for 
the benefit of the caretaker of the child, which the parent has 
had the ability to pay.  Ability to pay must be determined 
according to chapter 518.  The parent's liability is limited to 
the amount of assistance furnished during the two years 
immediately preceding the commencement of the action, except 
that where child support has been previously ordered, the state 
or county agency providing the assistance, as assignee of the 
obligee, shall be entitled to judgments for child support 
payments accruing within ten years preceding the date of the 
commencement of the action up to the full amount of assistance 
furnished.  The action may be ordered by the state agency or 
county agency and shall be brought in the name of the county by 
the county attorney of the county in which the assistance was 
granted, or by the state agency against the parent for the 
recovery of the amount of assistance granted, together with the 
costs and disbursements of the action. 
    Sec. 2.  Minnesota Statutes 1986, section 256.87, 
subdivision 1a, is amended to read:  
    Subd. 1a.  [CONTINUING SUPPORT CONTRIBUTIONS.] In addition 
to granting the county or state agency a money judgment, the 
court may, upon a motion or order to show cause, order 
continuing support contributions by a parent found able to 
reimburse the county or state agency.  Except as provided in 
subdivision 4, the order shall be effective for the period of 
time during which the recipient receives public assistance from 
any county or state agency and for five months thereafter.  The 
order shall require support according to chapter 518.  An order 
for continuing contributions is reinstated without further 
hearing upon notice to the parent by any county or state agency 
that assistance is again being provided for the child of the 
parent under sections 256.72 to 256.87.  The notice shall be in 
writing and shall indicate that the parent may request a hearing 
for modification of the amount of support or maintenance. 
    Sec. 3.  Minnesota Statutes 1986, section 256.87, 
subdivision 6, is amended to read:  
    Subd. 6.  [NOTICE ENTRY 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 a support or maintenance payments payment, the 
payment owed becomes a judgment by operation of law on and after 
the date the payment is due, and the obligee or public agency 
responsible for support or maintenance enforcement may 
obtain entry and docketing of a the judgment for the unpaid 
amounts under the provisions of section 548.091.  The notice 
shall enumerate the conditions that must be met before the 
judgment can be docketed.  
    Sec. 4.  Minnesota Statutes 1986, section 256.87, is 
amended by adding a subdivision to read: 
    Subd. 7.  [NOTICE OF DOCKETING OF MAINTENANCE 
JUDGMENT.] Every order for maintenance issued under this section 
shall provide for a conspicuous notice that, if the obligor 
fails to make the maintenance payments, the obligee or public 
agency responsible for maintenance enforcement may obtain 
docketing of a judgment for the unpaid amount under the 
provisions of section 548.091.  The notice shall enumerate the 
conditions that must be met before the judgment can be docketed. 
    Sec. 5.  Minnesota Statutes 1986, section 257.66, 
subdivision 5, is amended to read:  
    Subd. 5.  [NOTICE ENTRY 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 a support payments payment, the payment owed becomes 
a judgment by operation of law on and after the date the payment 
is due and the obligee or a public agency responsible for 
support enforcement may obtain entry and docketing of a the 
judgment for the unpaid amounts under the provisions of section 
548.091.  The notice shall enumerate the conditions that must be 
met before the judgment can be docketed.  
    Sec. 6.  Minnesota Statutes 1986, section 518.55, 
subdivision 2, is amended to read:  
    Subd. 2.  [NOTICE OF DOCKETING OF MAINTENANCE 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 548.091.  The notice shall enumerate the 
conditions that must be met before the judgment can be docketed. 
    Sec. 7.  Minnesota Statutes 1986, section 518.55, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [ENTRY OF CHILD SUPPORT JUDGMENT.] Every order 
for support shall provide for a conspicuous notice that, if the 
obligor fails to make a support payment, the payment owed 
becomes a judgment by operation of law on and after the date the 
payment is due, and the obligee or a public agency responsible 
for support enforcement may obtain entry and docketing of the 
judgment for the unpaid amount under the provisions of section 
548.091. 
    Sec. 8.  Minnesota Statutes 1986, 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.  The court administrator shall enter and 
docket a judgment obtained by operation of law under section 
548.091, subdivision 1, in the name of the public agency to the 
extent that the obligation has been assigned.  When arrearages 
are reduced to judgment under circumstances in which section 
548.091 is not applicable, 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 court administrator, 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. 9.  Minnesota Statutes 1986, 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 a support payments payment, the 
payment owed becomes a judgment by operation of law on and after 
the date the payment is due, and the obligee or a public agency 
responsible for support enforcement may obtain entry and 
docketing of a the judgment for the unpaid amounts under the 
provisions of section 548.091.  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. 10.  Minnesota Statutes 1987 Supplement, section 
548.091, subdivision 1, is amended to read:  
    Subdivision 1.  [DOCKETING OF MAINTENANCE JUDGMENT.] A 
judgment for unpaid amounts under a judgment or decree of 
dissolution or legal separation, determination of parentage, an 
order under chapter 518C, an order under section 256.87, or an 
order under section 260.251, any of which provide that provides 
for installment or periodic payments of child support, 
maintenance, or reimbursement to a county for the cost of care, 
examination, or treatment of a child, or any combination of 
those items, shall be entered and docketed by the court 
administrator 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 the obligor's 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 court administrator 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.  
    Sec. 11.  Minnesota Statutes 1986, section 548.091, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [CHILD SUPPORT JUDGMENT BY OPERATION OF 
LAW.] Any payment or installment of support required by a 
judgment or decree of dissolution or legal separation, 
determination of parentage, an order under chapter 518C, an 
order under section 256.87, or an order under section 260.251, 
that is not paid or withheld from the obligor's income as 
required under section 518.611 or 518.613, is a judgment by 
operation of law on and after the date it is due and is entitled 
to full faith and credit in this state and any other state.  
Interest accrues from the date the judgment on the payment or 
installment is entered and docketed under subdivision 3a, at the 
annual rate provided in section 549.09, subdivision 1.  A 
payment or installment of support that becomes a judgment by 
operation of law between the date on which a party served notice 
of a motion for modification under section 518.64, subdivision 
2, and the date of the court's order on modification may be 
modified under that subdivision. 
    Sec. 12.  Minnesota Statutes 1986, section 548.091, 
subdivision 2, is amended to read:  
    Subd. 2.  [AMOUNT AND SURVIVAL OF MAINTENANCE JUDGMENT.] 
The court administrator 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.  
    Sec. 13.  Minnesota Statutes 1986, section 548.091, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [DOCKETING OF CHILD SUPPORT JUDGMENT.] On or 
after the date an unpaid amount becomes a judgment by operation 
of law under subdivision 1a, the obligee or the public authority 
may file with the court administrator: 
    (1) a statement identifying, or a copy of, the judgment or 
decree of dissolution or legal separation, determination of 
parentage, order under chapter 518C, an order under section 
256.87, or an order under section 260.251, which provides for 
installment or periodic payments of child support; 
    (2) an affidavit of default.  The affidavit of default must 
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 or dates payment was due 
and not received and judgment was obtained by operation of law, 
and the total amount of the judgments; and 
    (3) an affidavit of service of a notice of entry of 
judgment on the obligor, in person or by mail at the obligor's 
last known post office address.  Service is completed upon 
mailing in the manner designated. 
    Sec. 14.  Minnesota Statutes 1986, section 548.091, 
subdivision 3, is amended to read:  
    Subd. 3.  [MAINTENANCE 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 court administrator 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. 15.  Minnesota Statutes 1986, section 548.091, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [ENTRY, DOCKETING, AND SURVIVAL OF CHILD SUPPORT 
JUDGMENT.] Upon receipt of the documents filed under subdivision 
2a, the court administrator shall enter and docket the judgment 
in the amount of the default specified in the affidavit of 
default.  From the time of docketing, the judgment is a lien 
upon all the real property in the county owned by the judgment 
debtor.  The judgment survives and the lien continues for ten 
years after the date the judgment was docketed. 
    Sec. 16.  Minnesota Statutes 1986, section 548.091, is 
amended by adding a subdivision to read: 
    Subd. 4.  [CHILD SUPPORT HEARING.] A child support obligor 
may request a hearing under the rules of civil procedure on the 
issue of whether the judgment amount or amounts have been paid 
and may move the court for an order directing the court 
administrator to vacate the judgment or judgments on the docket 
and register in any county or other jurisdiction in which 
judgment or judgments were entered pursuant to this action. 
    The court shall grant the obligor's motion if it determines 
that there is no default. 
      Sec. 17.  [REPEALER.] 
     Sections 1 to 16 are repealed on the date a waiver is 
received by the commissioner of human services under United 
States Code, title 42, section 666(d).  The commissioner of 
human services shall seek such a waiver immediately after 
enactment of sections 1 to 16. 
    Approved April 21, 1988