Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 406-H.F.No. 2284 
                  An act relating to family law; regulating reductions 
                  in monthly payments for overpayment of support or 
                  maintenance; amending Minnesota Statutes 1995 
                  Supplement, section 518.611, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1995 Supplement, section 
        518.611, subdivision 2, is amended to read: 
           Subd. 2.  [CONDITIONS OF INCOME WITHHOLDING.] (a) 
        Withholding shall result when:  
           (1) the obligor requests it in writing to the public 
        authority; 
           (2) the custodial parent requests it by making a motion to 
        the court and the court finds that previous support has not been 
        paid on a timely or consistent basis or that the obligor has 
        threatened expressly or otherwise to stop or reduce payments; or 
           (3) the obligor fails to make the maintenance or support 
        payments, and the following conditions are met:  
           (i) the obligor is at least 30 days in arrears; 
           (ii) the obligee or the public authority serves written 
        notice of income withholding, showing arrearage, on the obligor 
        at least 15 days before service of the notice of income 
        withholding and a copy of the court's order on the payor of 
        funds; 
           (iii) within the 15-day period, 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 on the payor of funds 
        until the motion to deny withholding is heard; 
           (iv) the obligee or the public authority sends the payor of 
        funds a notice of the withholding requirements and the 
        provisions of this section; and 
           (v) the obligee serves on the public authority a copy of 
        the notice of income withholding, a copy of the court's order, 
        an application, and the fee to use the public authority's 
        collection services.  
        For those persons not applying for the public authority's IV-D 
        services, a monthly service fee of $15 must be charged to the 
        obligor in addition to the amount of child support ordered by 
        the court and withheld through automatic income withholding, or 
        for persons applying for the public authority's IV-D services, 
        the service fee under section 518.551, subdivision 7, applies.  
        The county agency shall explain to affected persons the services 
        available and encourage the applicant to apply for IV-D services.
           (b) The employer or payor of funds shall withhold from the 
        obligor's income an additional amount equal to 20 percent of the 
        monthly child support or maintenance obligation until the 
        arrearage is paid.  
           (c) In cases where child support or maintenance is not 
        assigned under section 256.74, if an obligor has overpaid a 
        child support or maintenance obligation because of a 
        modification of or error in the amount owed, the public 
        authority shall: 
           (1) apply the amount of the overpayment to reduce the 
        amount of any child support or maintenance related arrearages or 
        debts owed to the obligee; and 
           (2) if an overpayment amount remains after the reduction of 
        any arrearage or debt, reduce the amount of the child support 
        remitted to the obligee by an amount equal to no more than 20 
        percent of the current monthly support or maintenance obligation 
        and remit this amount to the obligor until the overpayment is 
        reduced to zero. 
           (d) The obligor may move the court, under section 518.64, 
        to modify the order respecting the amount of maintenance or 
        support. 
           (d) (e) Every order for support or maintenance shall 
        provide for a conspicuous notice of the provisions of this 
        subdivision that complies with section 518.68, subdivision 2.  
        An order without this notice remains subject to this subdivision.
           (e) (f) Absent a court order to the contrary, if an 
        arrearage exists at the time an order for ongoing support or 
        maintenance would otherwise terminate, income withholding shall 
        continue in effect in an amount equal to the former support or 
        maintenance obligation plus an additional amount equal to 20 
        percent of the monthly child support obligation, until all 
        arrears have been paid in full. 
           Presented to the governor March 29, 1996 
           Signed by the governor April 2, 1996, 10:27 a.m.