Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 245-S.F.No. 830
An act relating to family law; modifying provisions
and procedures governing child support and
maintenance, visitation, and related matters; making
complying and technical changes; amending Minnesota
Statutes 1996, sections 168A.05, subdivision 8;
171.19; 256.87, by adding a subdivision; 256.978,
subdivision 2, as amended; 256.979, subdivisions 5, 6,
7, 8, and by adding a subdivision; 256.9791,
subdivision 1; 256.998, subdivisions 3 and 9; 257.75,
subdivisions 1a and 4; 518.157; 518.175, subdivision
6; 518.1751; 518.179, subdivision 1; 518.195; 518.54,
subdivision 6, as amended; 518.551, subdivisions 5b,
7, 12, as amended, 14, and by adding subdivisions;
518.5511, subdivisions 1, 2, 3, 4, and by adding a
subdivision; 518.5512, subdivisions 2, as amended, 3,
and by adding a subdivision; 518.553; 518.5852;
518.64, subdivision 2; 518.641, subdivision 2; 518.68,
subdivision 2; 518C.305; 518C.306; 518C.307; 518C.605;
518C.606; 519.05; 548.091, subdivision 9, as added;
609.375, by adding a subdivision; 626.556, subdivision
2; and 631.52, subdivision 1; Laws 1997, chapter 85,
article 1, sections 16, subdivision 1, as amended; 36,
subdivision 2; 43, subdivisions 4 and 5; and 66,
subdivision 2; and article 3, by adding a section;
S.F. No. 1908, article 6, sections 3, subdivisions 1,
4, 6, and 10; and 5, subdivision 4; proposing coding
for new law in Minnesota Statutes, chapter 518;
repealing Minnesota Statutes 1996, sections 256.996;
and 609.375, subdivisions 3, 4, and 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHILD SUPPORT
Section 1. Minnesota Statutes 1996, section 168A.05,
subdivision 8, is amended to read:
Subd. 8. [LIENS FILED FOR ENFORCEMENT OF CHILD SUPPORT.]
This subdivision applies if the court or a public authority
responsible for child support enforcement orders or directs the
commissioner to enter a lien, as provided in section 518.551,
subdivision 14. If a certificate of title is applied for by the
owner, the department shall enter a lien on the title in the
name of the state of Minnesota or in the name of the obligee in
accordance with the notice if the value of the motor vehicle
determined in accordance with either the definitions of section
297B.01, subdivision 8, or the retail value described in the
N.A.D.A. Official Used Car Guide, Midwest Edition, for the
current year exceeds the exemption allowed in section 550.37.
The lien on the title is subordinate to any bona fide purchase
money security interest as defined in section 336.9-107
regardless of when the purchase money security interest is
perfected. With respect to all other security interests, the
lien is perfected as of the date entered on the title. The lien
is subject to an exemption in the amount currently in effect
under section 518.551, subdivision 14.
Sec. 2. Minnesota Statutes 1996, section 171.19, is
amended to read:
171.19 [PETITION FOR LICENSE REINSTATEMENT.]
Any person whose driver's license has been refused,
revoked, suspended, or canceled by the commissioner, except
where the license is revoked under section 169.123 or section
171.186, may file a petition for a hearing in the matter in the
district court in the county wherein such person shall reside
and, in the case of a nonresident, in the district court in any
county, and such court is hereby vested with jurisdiction, and
it shall be its duty, to set the matter for hearing upon 15
days' written notice to the commissioner, and thereupon to take
testimony and examine into the facts of the case to determine
whether the petitioner is entitled to a license or is subject to
revocation, suspension, cancellation, or refusal of license, and
shall render judgment accordingly. The petition shall be heard
by the court without a jury and may be heard in or out of term.
The commissioner may appear in person, or by agents or
representatives, and may present evidence upon the hearing by
affidavit personally, by agents, or by representatives. The
petitioner may present evidence by affidavit, except that the
petitioner must be present in person at such hearing for the
purpose of cross-examination. In the event the department shall
be sustained in these proceedings, the petitioner shall have no
further right to make further petition to any court for the
purpose of obtaining a driver's license until after the
expiration of one year after the date of such hearing.
Sec. 3. Minnesota Statutes 1996, section 256.87, is
amended by adding a subdivision to read:
Subd. 9. [ARREARS FOR PARENT WHO REUNITES WITH
FAMILY.] (a) A parent liable for assistance under this section
may seek a suspension of collection efforts under Title IV-D of
the Social Security Act or a payment agreement based on ability
to pay if the parent has reunited with that parent's family and
lives in the same household as the child on whose behalf the
assistance was furnished.
(b) The Title IV-D agency shall consider the individual
financial circumstances of each obligor in evaluating the
obligor's ability to pay a proposed payment agreement and shall
propose a reasonable payment agreement tailored to those
individual financial circumstances.
(c) The Title IV-D agency may suspend collection of arrears
owed to the state under this section for as long as the obligor
continues to live in the same household as the child on whose
behalf the assistance was furnished if the total gross household
income of the obligor is less than 185 percent of the federal
poverty level.
(d) An obligor must annually reapply for suspension of
collection of arrearages under paragraph (c).
(e) The obligor must notify the Title IV-D agency if the
obligor no longer resides in the same household as the child.
Sec. 4. Minnesota Statutes 1996, section 256.979,
subdivision 5, is amended to read:
Subd. 5. [PATERNITY ESTABLISHMENT AND CHILD SUPPORT
ORDER ESTABLISHMENT AND MODIFICATION BONUS INCENTIVES.] (a) A
bonus incentive program is created to increase the number of
paternity establishments and establishment and modifications of
child support orders done by county child support enforcement
agencies.
(b) A bonus must be awarded to a county child support
agency for each child case for which the agency completes a
paternity or child support order establishment or modification
through judicial, or administrative, or expedited processes and
for each instance in which the agency reviews a case for a
modification of the child support order.
(c) The rate of bonus incentive is $100 for each
paternity or child support order establishment and $50 for each
review for modification of a child support order modification
set in a specific dollar amount.
(d) No bonus shall be paid for a modification that is a
result of a termination of child care costs according to section
518.551, subdivision 5, paragraph (b), or due solely to a
reduction of child care expenses.
Sec. 5. Minnesota Statutes 1996, section 256.979,
subdivision 6, is amended to read:
Subd. 6. [CLAIMS FOR BONUS INCENTIVE.] (a) The
commissioner of human services and the county agency shall
develop procedures for the claims process and criteria using
automated systems where possible.
(b) Only one county agency may receive a bonus per
paternity establishment or child support order establishment or
modification for each case. The county agency making the
initial preparations for the case resulting in the establishment
of paternity or modification of an order is the county agency
entitled to claim the bonus incentive, even if the case is
transferred to another county agency prior to the time the order
is established or modified. The county agency completing the
action or procedure needed to establish paternity or a child
support order or modify an order is the county agency entitled
to claim the bonus incentive.
(c) Disputed claims must be submitted to the commissioner
of human services and the commissioner's decision is final.
(d) For purposes of this section, "case" means a family
unit for whom the county agency is providing child support
enforcement services.
Sec. 6. Minnesota Statutes 1996, section 256.979,
subdivision 7, is amended to read:
Subd. 7. [DISTRIBUTION.] (a) Bonus incentives must be
issued to the county agency quarterly, within 45 days after the
last day of each quarter for which a bonus incentive is being
claimed, and must be paid in the order in which claims are
received.
(b) Bonus incentive funds under this section must be
reinvested in the county child support enforcement program and a
county may not reduce funding of the child support enforcement
program by the amount of the bonus earned.
(c) The county agency shall repay any bonus erroneously
issued.
(d) A county agency shall maintain a record of bonus
incentives claimed and received for each quarter.
(e) Payment of bonus incentives is limited by the amount of
the appropriation for this purpose. If the appropriation is
insufficient to cover all claims, the commissioner of human
services may prorate payments among the county agencies.
Sec. 7. Minnesota Statutes 1996, section 256.979,
subdivision 8, is amended to read:
Subd. 8. [MEDICAL PROVIDER REIMBURSEMENT.] (a) A fee to
the providers of medical services is created for the purpose of
increasing the numbers of signed and notarized recognition of
parentage forms completed in the medical setting.
(b) A fee of $25 shall be paid to each medical provider for
each properly completed recognition of parentage form sent to
the department of vital statistics.
(c) The office of vital statistics shall notify the
department of human services quarterly of the numbers of
completed forms received and the amounts paid.
(d) The department of human services shall remit quarterly
to each medical provider a payment for the number of signed
recognition of parentage forms completed by that medical
provider and sent to the office of vital statistics.
(e) The commissioners of the department of human services
and the department of health shall develop procedures for the
implementation of this provision.
(f) Payments will be made to the medical provider within
the limit of available appropriations.
(g) Federal matching funds received as reimbursement for
the costs of the medical provider reimbursement must be retained
by the commissioner of human services for educational programs
dedicated to the benefits of paternity establishment.
Sec. 8. Minnesota Statutes 1996, section 256.979, is
amended by adding a subdivision to read:
Subd. 10. [TRANSFERABILITY BETWEEN BONUS INCENTIVE
ACCOUNTS AND GRANTS TO COUNTY AGENCIES.] The commissioner of
human services may transfer money appropriated for child support
enforcement county performance incentives under this section and
section 256.9791 among county performance incentive accounts.
Incentive funds to counties transferred under this section must
be reinvested in the child support enforcement program and may
not be used to supplant money now spent by counties for child
support enforcement.
Sec. 9. Minnesota Statutes 1996, section 256.9791,
subdivision 1, is amended to read:
Subdivision 1. [BONUS INCENTIVE.] (a) A bonus incentive
program is created to increase the identification and
enforcement by county agencies of dependent health insurance
coverage for persons who are receiving medical assistance under
section 256B.055 and for whom the county agency is providing
child support enforcement services.
(b) The bonus shall be awarded to a county child support
agency for each person for whom coverage is identified and
enforced by the child support enforcement program when the
obligor is under a court order to provide dependent health
insurance coverage.
(c) Bonus incentive funds under this section must be
reinvested in the county child support enforcement program and a
county may not reduce funding of the child support enforcement
program by the amount of the bonus earned.
Sec. 10. Minnesota Statutes 1996, section 256.998,
subdivision 9, is amended to read:
Subd. 9. [INDEPENDENT CONTRACTORS.] The state and all
political subdivisions of the state, when acting in the capacity
of an employer, shall report the hiring of any person as an
independent contractor to the centralized work reporting system
in the same manner as the hiring of an employee is reported.
The attorney general and the commissioner of human services
shall work with representatives of the employment community and
industries that utilize independent contractors in the regular
course of business to develop a plan to include the reporting of
independent contractors by all employers to the centralized work
reporting system by July 1, 1996. The attorney general and the
commissioner of human services shall present the resulting plan
in the form of proposed legislation to the legislature by
February 1, 1996. Other payors may report independent
contractors to whom they make payments that require the filing
of a 1099-MISC report. Payors reporting independent contractors
shall report by use of the same means and provide the same
information required under subdivisions 4 and 5. The
commissioner of human services shall establish procedures for
payors reporting under this section.
Sec. 11. Minnesota Statutes 1996, section 257.75,
subdivision 1a, is amended to read:
Subd. 1a. [JOINDER IN RECOGNITION BY HUSBAND.] A man who
is a presumed father under section 257.55, subdivision 1,
paragraph (a), may join in a recognition of parentage that
recognizes that another man is the child's biological father.
The man who is the presumed father under section 257.55,
subdivision 1, paragraph (a), must sign an acknowledgment under
oath before a notary public that he is renouncing the
presumption under section 257.55, subdivision 1, paragraph (a),
and recognizing that the father who is executing the recognition
under subdivision 1 is the biological father of the child. A
joinder in a recognition under this subdivision must be executed
within one year after the child's birth and at the same time as
the recognition under subdivision 1 or within ten days following
execution of the recognition. the joinder must be included in
the recognition form or incorporated by reference within the
recognition and attached to the form when it is filed with the
state registrar of vital statistics. The joinder must be on a
form prepared by the commissioner of human services. Failure to
properly execute a joinder in a recognition does not affect the
validity of the recognition under subdivision 1. A joinder
without a corresponding recognition of parentage has no legal
effect.
Sec. 12. [518.111] [SUFFICIENCY OF NOTICE.]
Automated child support notices sent by the public
authority which do not require service are sufficient notice
when issued and mailed by first class mail to the person's last
known address.
Sec. 13. Minnesota Statutes 1996, section 518.551,
subdivision 5b, is amended to read:
Subd. 5b. [DETERMINATION OF INCOME.] (a) The parties shall
timely serve and file documentation of earnings and income. When
there is a prehearing conference, the court must receive the
documentation of income at least ten days prior to the
prehearing conference. Documentation of earnings and income
also includes, but is not limited to, pay stubs for the most
recent three months, employer statements, or statement of
receipts and expenses if self-employed. Documentation of
earnings and income also includes copies of each parent's most
recent federal tax returns, including W-2 forms, 1099 forms,
reemployment insurance statements, workers' compensation
statements, and all other documents evidencing income as
received that provide verification of income over a longer
period.
(b) In addition to the requirements of paragraph (a), at
any time after an action seeking child support has been
commenced or when a child support order is in effect, a party or
the public authority may require the other party to give them a
copy of the party's most recent federal tax returns that were
filed with the Internal Revenue Service. The party shall
provide a copy of the tax returns within 30 days of receipt of
the request unless the request is not made in good faith. A
request under this paragraph may not be made more than once
every two years, in the absence of good cause.
(c) If a parent under the jurisdiction of the court does
not appear at a court hearing after proper notice of the time
and place of the hearing, the court shall set income for that
parent based on credible evidence before the court or in
accordance with paragraph (d). Credible evidence may include
documentation of current or recent income, testimony of the
other parent concerning recent earnings and income levels, and
the parent's wage reports filed with the Minnesota department of
economic security under section 268.121.
(d) If the court finds that a parent is voluntarily
unemployed or underemployed, child support shall be calculated
based on a determination of imputed income. A parent is not
considered voluntarily unemployed or underemployed upon a
showing by the parent that the unemployment or underemployment:
(1) is temporary and will ultimately lead to an increase in
income; or (2) represents a bona fide career change that
outweighs the adverse effect of that parent's diminished income
on the child. Imputed income means the estimated earning
ability of a parent based on the parent's prior earnings
history, education, and job skills, and on availability of jobs
within the community for an individual with the parent's
qualifications. If the court is unable to determine or estimate
the earning ability of a parent, the court may calculate child
support based on full-time employment of 40 hours per week
at 150 percent of the federal minimum wage or the Minnesota
minimum wage, whichever is higher. If the court is unable to
determine or estimate the earning ability of a parent, any
medical support or child care contribution must be calculated
based upon the obligor's proportionate share of the child care
expenses using 40 hours per week at 150 percent of the federal
minimum wage or the Minnesota minimum wage, whichever is
higher. If a parent is a recipient of public assistance under
sections 256.72 to 256.87 or chapter 256D section 256.741, or is
physically or mentally incapacitated, it shall be presumed that
the parent is not voluntarily unemployed or underemployed.
(e) Income from self employment is equal to gross receipts
minus ordinary and necessary expenses. Ordinary and necessary
expenses do not include amounts allowed by the Internal Revenue
Service for accelerated depreciation expenses or investment tax
credits or any other business expenses determined by the court
to be inappropriate for determining income for purposes of child
support. The person seeking to deduct an expense, including
depreciation, has the burden of proving, if challenged, that the
expense is ordinary and necessary. Net income under this
section may be different from taxable income.
Sec. 14. Minnesota Statutes 1996, section 518.551, is
amended by adding a subdivision to read:
Subd. 5e. [ADJUSTMENT TO SUPPORT ORDER.] A support order
issued under this section may provide that during any period of
time of 30 consecutive days or longer that the child is residing
with the noncustodial parent, the amount of support otherwise
due under the order may be reduced.
Sec. 15. Minnesota Statutes 1996, section 518.551,
subdivision 7, is amended to read:
Subd. 7. [SERVICE FEE.] When the public agency responsible
for child support enforcement provides child support collection
services either to a public assistance recipient or to a party
who does not receive public assistance, the public agency may
upon written notice to the obligor charge a monthly collection
fee equivalent to the full monthly cost to the county of
providing collection services, in addition to the amount of the
child support which was ordered by the court. The fee shall be
deposited in the county general fund. The service fee assessed
is limited to ten percent of the monthly court ordered child
support and shall not be assessed to obligors who are current in
payment of the monthly court ordered child support.
An application fee of $25 shall be paid by the person who
applies for child support and maintenance collection services,
except persons who are receiving public assistance as defined in
section 256.741, persons who transfer from public assistance to
nonpublic assistance status, and minor parents and parents
enrolled in a public secondary school, area learning center, or
alternative learning program approved by the commissioner of
children, families, and learning. Fees assessed by state and
federal tax agencies for collection of overdue support owed to
or on behalf of a person not receiving public assistance must be
imposed on the person for whom these services are provided. The
public authority upon written notice to the obligee shall assess
a fee of $25 to the person not receiving public assistance for
each successful federal tax interception. The fee must be
withheld prior to the release of the funds received from each
interception and deposited in the general fund.
However, the limitations of this subdivision on the
assessment of fees shall not apply to the extent inconsistent
with the requirements of federal law for receiving funds for the
programs under Title IV-A and Title IV-D of the Social Security
Act, United States Code, title 42, sections 601 to 613 and
United States Code, title 42, sections 651 to 662.
Sec. 16. Minnesota Statutes 1996, section 518.551, is
amended by adding a subdivision to read:
Subd. 13a. [DATA ON SUSPENSIONS FOR SUPPORT
ARREARS.] Notwithstanding section 13.03, subdivision 4,
paragraph (c), data on an occupational license suspension under
subdivision 12 or a driver's license suspension under
subdivision 13 that are transferred by the department of human
services to respectively the department of public safety or any
state, county, or municipal occupational licensing agency must
have the same classification at the department of public safety
or other receiving agency under section 13.02 as other license
suspension data held by the receiving agency. The transfer of
the data does not affect the classification of the data in the
hands of the department of human services.
Sec. 17. Minnesota Statutes 1996, section 518.551,
subdivision 14, is amended to read:
Subd. 14. [MOTOR VEHICLE LIEN.] (a) Upon motion of an
obligee, if a court finds that the obligor is the registered
owner of a motor vehicle and the obligor is a debtor for a
judgment debt resulting from nonpayment of court-ordered child
support or maintenance payments, or both, in an amount equal to
or greater than three times the obligor's total monthly support
and maintenance payments, the court shall order the commissioner
of public safety to enter a lien in the name of the obligee or
in the name of the state of Minnesota, as appropriate, in
accordance with section 168A.05, subdivision 8, unless the court
finds that the obligor is in compliance with a written payment
agreement regarding both current support and arrearages approved
by the court, an administrative law judge, or the public
authority or that the obligor's interest in the motor vehicle is
valued at less than $4,500. The court's order must be stayed
for 90 days in order to allow the obligor to either execute a
written payment agreement regarding both current support and
arrearages, which agreement shall be approved by either the
court or the public authority responsible for child support
enforcement, or to allow the obligor to demonstrate that the
ownership interest in the motor vehicle is valued at less than
$4,500. If the obligor has not executed or is not in compliance
with a written payment agreement regarding both current support
and arrearages approved by the court, an administrative law
judge, or the public authority or has not demonstrated that the
ownership interest in the motor vehicle is valued at less than
$4,500 within the 90-day period, the court's order becomes
effective and the commissioner of public safety shall record the
lien on any motor vehicle certificate of title subsequently
issued in the name of the obligor. The remedy under this
subdivision is in addition to any other enforcement remedy
available to the court.
(b) If a public authority responsible for child support
enforcement determines that the obligor is the registered owner
of a motor vehicle and the obligor is a debtor for judgment debt
resulting from nonpayment of court-ordered child support or
maintenance payments, or both, in an amount equal to or greater
than three times the obligor's total monthly support and
maintenance payments, the public authority shall direct the
commissioner of public safety to enter a lien in the name of the
obligee or in the name of the state of Minnesota, as
appropriate, under section 168A.05, subdivision 8, on any motor
vehicle certificate of title subsequently issued in the name of
the obligor unless the public authority determines that the
obligor is in compliance with a written payment agreement
regarding both current support and arrearages approved by the
court, an administrative law judge, or the public authority or
that the obligor's ownership interest in the motor vehicle is
valued at less than $4,500. The remedy under this subdivision
is in addition to any other enforcement remedy available to the
public agency.
(c) At least 90 days prior to notifying the commissioner of
public safety pursuant to paragraph (b), the public authority
must mail a written notice to the obligor at the obligor's last
known address, that it intends to record a lien on the obligor's
any motor vehicle certificate of title subsequently issued in
the name of the obligor and that the obligor must request a
hearing within 30 days in order to contest the action. If the
obligor makes a written request for a hearing within 30 days of
the date of the notice, either a court hearing or a contested
administrative proceeding must be held under section 518.5511,
subdivision 4. Notwithstanding any law to the contrary, the
obligor must be served with 14 days' notice in writing
specifying the time and place of the hearing and the allegations
against the obligor. The notice may be served personally or by
mail. If the public authority does not receive a request for a
hearing within 30 days of the date of the notice and the obligor
does not execute or is not in compliance with a written payment
agreement regarding both current support and arrearages approved
by the court, an administrative law judge, or the public
authority or demonstrate to the public authority that the
obligor's ownership interest in the motor vehicle is valued at
less than $4,500 within 90 days of the date of the notice, the
public authority shall direct the commissioner of public safety
to record the lien under paragraph (b).
(d) At a hearing requested by the obligor under paragraph
(c), and on finding that the obligor is in arrears in
court-ordered child support or maintenance payments or both in
an amount equal to or greater than three times the obligor's
total monthly support and maintenance payments, the district
court or the administrative law judge shall order the
commissioner of public safety to record the lien unless the
court or administrative law judge determines that:
(1) the obligor has executed and is in compliance with a
written payment agreement regarding both current support and
arrearages determined to be acceptable by the court, an
administrative law judge, or the public authority; or
(2) the obligor has demonstrated that the ownership
interest in the motor vehicle is valued at less than $4,500.
(e) An obligor who has had a lien recorded against a motor
vehicle certificate of title may provide proof to the court or
the public authority responsible for child support enforcement
that the obligor is in compliance with all written payment
agreements regarding both current support and arrearages or that
the value of the motor vehicle is less than the exemption
provided under section 550.37. Within 15 days of the receipt of
that proof, the court or public authority shall either execute a
release of security interest under section 168A.20, subdivision
4, and mail or deliver the release to the owner or other
authorized person or shall direct the commissioner of public
safety not to enter a lien on any motor vehicle certificate of
title subsequently issued in the name of the obligor in
instances where a lien has not yet been entered. The dollar
amounts in this section shall change periodically in the manner
provided in section 550.37, subdivision 4a.
(f) Any lien recorded against a motor vehicle certificate
of title under this section and section 168A.05, subdivision 8,
attaches only to the nonexempt value of the motor vehicle as
determined in accordance with section 550.37. The value of a
motor vehicle must be determined in accordance with the retail
value described in the N.A.D.A. Official Used Car Guide, Midwest
Edition, for the current year, or in accordance with the
purchase price as defined in section 297B.01, subdivision 8.
Sec. 18. Minnesota Statutes 1996, section 518.5511,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] (a) An administrative process is
established to obtain, modify, and enforce child and medical
support orders and parentage orders and modify enforce
maintenance if combined with a child support proceeding. All
laws governing these actions apply insofar as they are not
inconsistent with the provisions of this section and section
518.5512. Wherever other laws or rules are inconsistent with
this section and section 518.5512, the provisions in this
section and section 518.5512 shall apply.
(b) All proceedings for obtaining, modifying, or enforcing
child and medical support orders and modifying enforcing
maintenance orders if combined with a child support proceeding,
are required to be conducted in the administrative process when
the public authority is a party or provides services to a party
or parties to the proceedings. Cases in which there is no
assignment of support or in which the public authority is not
providing services may not be conducted in the administrative
process. At county option, the administrative process may
include contempt motions or actions to establish parentage.
Nothing contained herein shall prevent a party, upon timely
notice to the public authority, from commencing an action or
bringing a motion for the establishment, modification, or
enforcement of child support or modification enforcement of
maintenance orders if combined with a child support proceeding
in district court, if additional issues involving domestic
abuse, establishment or modification of custody or visitation,
property issues, or other issues outside the jurisdiction of the
administrative process, are part of the motion or action, or
from proceeding with a motion or action brought by another party
containing one or more of these issues if it is pending in
district court.
(c) A party may make a written request to the public
authority to initiate an uncontested administrative proceeding.
If the public authority denies the request, the public authority
shall issue a summary notice of denial which denies the request
for relief within 30 days of receiving the written request,
states the reasons for the denial, and notifies the party of the
right to commence an action for relief proceed directly to a
contested administrative proceeding according to subdivision 3a,
paragraph (a). If the party commences an action or serves and
files a motion proceeds directly to a contested hearing and
files the requisite documents, as provided by the commissioner,
with the court administrator within 30 days after the public
authority's denial and the party's action results in a
modification of a child support order, the modification may be
retroactive to the date the written request was received by the
public authority. If the public authority accepts the request
and proceeds with the uncontested administrative process, any
order or modification may be retroactive to the date the written
request was received by the public authority.
(d) After August 1, 1994, all counties shall participate in
the administrative process established in this section in
accordance with a statewide implementation plan to be set forth
by the commissioner of human services. No county shall be
required to participate in the administrative process until
after the county has been trained. The implementation plan
shall include provisions for training the counties by region no
later than July 1, 1995. The public authority may initiate
actions in the administrative process.
(e) For the purpose of the administrative process, all
powers, duties, and responsibilities conferred on judges of
district court to obtain and enforce child and medical support
and parentage and maintenance obligations, subject to the
limitations of this section are conferred on administrative law
judges, including the power to determine controlling interstate
orders, and to issue subpoenas, orders to show cause, and bench
warrants for failure to appear.
The administrative law judge has the authority to enter
parentage orders in which the custody and visitation provisions
are uncontested.
(f) Nonattorney employees of the public authority
responsible for child support may prepare, sign, serve, and file
complaints, motions, notices, summary notices, proposed orders,
default orders, consent orders, orders for blood or genetic
tests, and other documents related to the administrative process
for obtaining, modifying, or enforcing child and medical support
orders, orders establishing paternity, and related documents,
and orders to enforce maintenance if combined with a child
support order. The nonattorney employee may issue
administrative subpoenas, conduct prehearing conferences, and
participate in proceedings before an administrative law judge.
This activity shall not be considered to be the unauthorized
practice of law. Nonattorney employees may not represent the
interests of any party other than the public authority, and may
not give legal advice. The nonattorney employees may act
subject to the limitations of section 518.5512.
(g) Any party may make a written request to the office of
administrative hearings for a subpoena compelling the attendance
of a witness or the production of books, papers, records, or
other documents relevant to the administrative process.
Subpoenas are enforceable through the district court. The
public authority may also request a subpoena from the office of
administrative hearings for the production of a witness or
documents. The nonattorney employee of the public authority may
issue subpoenas subject to the limitations in section 518.5512,
subdivision 6, paragraph (a), clause (2).
(h) At all stages of the administrative process, the county
attorney, or other attorney under contract, shall act as the
legal adviser for the public authority.
(i) The commissioner of human services shall:
(1) provide training to child support officers and other
persons involved in the administrative process;
(2) timely prepare simple and easy to understand forms, in
consultation with the office of administrative hearings, for all
notices and orders prescribed in this section, including a
support order worksheet form, with the exception of orders
issued by the district court or the office of administrative
hearings under subdivision 4; and
(3) distribute money to cover the costs of the
administrative process, including the salaries of administrative
law judges. If available appropriations are insufficient to
cover the costs, the commissioner shall prorate the amount among
the counties.
(j) The commissioner of human services, in consultation
with the office of administrative hearings, is responsible for
the supervision of the administrative process.
(k) The public authority, the office of administrative
hearings, court administrators, and other entities involved in
the administrative process shall use the forms prepared by the
commissioner.
(l) The office of administrative hearings may reject orders
that have not been prepared using the commissioner's forms or on
forms that have not been approved by the commissioner.
(m) The office of administrative hearings is responsible
for training and monitoring the performance of administrative
law judges, maintaining records of proceedings, providing
transcripts upon request, and maintaining the integrity of the
district court file.
Sec. 19. Minnesota Statutes 1996, section 518.5511,
subdivision 2, is amended to read:
Subd. 2. [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) A
party may petition the chief administrative law judge, the chief
district court judge, or the chief family court referee to
proceed immediately to a contested hearing upon good cause shown.
(b) The public authority shall give the parties written
notice requesting the submission of information necessary for
the public authority to prepare a proposed order. The written
notice shall be sent by first class mail to the parties' last
known addresses. The written notice shall describe the
information requested, state the purpose of the request, state
the date by which the information must be postmarked or received
(which shall be at least 30 days from the date of the mailing of
the written notice), state that if the information is not
postmarked or received by that date, the public authority will
prepare a proposed order on the basis of the information
available, and identify the type of information which will be
considered.
(c) Following the submission of information or following
the date when the information was due the initiation of the
administrative process under subdivision 1, paragraph (c) or
(d), the public authority shall, on the basis of all information
available, complete and sign a proposed order and notice. The
public authority shall attach a support order worksheet. In
preparing the proposed order, the public authority will
establish child support in the highest amount permitted under
section 518.551, subdivision 5. The proposed order shall
include written findings in accordance with section 518.551,
subdivision 5, clauses (i) and (j). If the public authority has
incomplete or insufficient information upon which to prepare a
proposed order, the public authority shall use the default
standard established in section 518.551, subdivision 5b,
paragraph (d), to prepare the proposed order. The notice shall
state that the proposed order will be entered as a final and
binding default order unless one of the parties requests a
conference under subdivision 3 contacts the public authority
regarding the proposed order within 21 30 days following the
date of service of the proposed order. The method for
requesting the conference shall be stated in the notice. The
notice and proposed order shall be served under the rules of
civil procedure on the noninitiating party and by first class
mail on the initiating party. After receipt of the notice and
proposed order, the court administrator shall file the documents.
For the purposes of the contested hearing administrative
process, and notwithstanding any law or rule to the contrary,
the service of the proposed order pursuant to under this
paragraph shall be deemed to have commenced a proceeding and the
judge, including an administrative law judge or a referee, shall
have jurisdiction over the a contested hearing administrative
proceeding.
(d) (b) If a conference under subdivision 3 is not
requested the public authority is not contacted by a party
within 21 30 days after the date of service of the proposed
order, the public authority may submit the proposed order as the
default order. The default order becomes enforceable upon
signature by an administrative law judge, district court judge,
or referee. The public authority may also prepare and serve a
new notice and proposed order if new information is subsequently
obtained. The default order shall be a final order, and shall
be served under the rules of civil procedure.
(c) If the public authority obtains new information after
service of the proposed order, the public authority may prepare
one notice and revised proposed order. The revised order must
be served by first class mail on the parties. If the public
authority is not contacted within seven days after the date of
service of the revised order, the public authority may submit
the revised order as a default order but in no event sooner than
30 days after the service of the original proposed order.
(e) (d) The public authority shall file in the district
court copies of all notices served on the parties, proof of
service, the support order worksheet, and all orders.
Sec. 20. Minnesota Statutes 1996, section 518.5511,
subdivision 3, is amended to read:
Subd. 3. [ADMINISTRATIVE CONFERENCE.] (a) If a party
requests a conference contacts the public authority within 21 30
days of the date of service of the proposed order, and the
public authority does not choose to proceed directly to a
contested administrative proceeding, the public authority shall
schedule a conference, and shall serve send written notice of
the date, time, and place of the conference and the date, time,
and place of a contested administrative proceeding in the event
the administrative conference fails to resolve all of the issues
on the parties. The public authority may request any additional
information necessary to establish child support. The public
authority may choose to go directly to a contested
administrative proceeding and is not required to conduct an
administrative conference. The date of the contested
administrative proceeding must be set within 31 days of the
administrative conference or not more than 60 days from the date
of the notice of the administrative conference. A request for a
continuance must be made to the chief administrative law judge
according to Minnesota Rules, part 1400.7500.
(b) The purpose of the conference is to review all
available information and seek an agreement to enter a consent
order. The notice shall state the purpose of the conference,
and that the proposed order will be entered as a final and
binding default order if the requesting party fails both parties
fail to appear at the conference. The notice must also state
that if only one party appears at the conference and there is no
new information provided, the matter shall proceed by default.
The notice shall be served on the parties by first class mail at
their last known addresses, and the method of service shall be
documented in the public authority file. All available and
relevant information must be shared with the parties at the
conference subject to the limitations of sections 256.87,
subdivision 8, 257.70, and 518.005, subdivision 5. If a
conference is not held, information which would have been shared
at the conference by the public authority must be provided to a
party or the party's attorney within 15 days of receipt of a
written request.
(c) A party alleging domestic abuse by the other party
shall not be required to participate in a conference. In such a
case, the public authority shall meet separately with the
parties in order to determine whether an agreement can be
reached.
(d) If all parties appear at the conference and agree to
all issues, and the public authority approves the agreement, the
public authority shall prepare a consent order for the parties
and the public authority to sign. The public authority shall
submit the consent order to the administrative law judge. Upon
signature, the order is a final order and must be served on the
parties by first class mail.
(d) If the party requesting the conference does not appear
and fails to provide a written excuse (with supporting
documentation if relevant) to the public authority within seven
days after the date of the conference which constitutes good
cause (e) If only one party appears at the conference and there
is no new information available, or if both of the parties fail
to appear at the conference, the public authority may enter
submit a default order through the uncontested administrative
process. The public authority shall not enter the default order
until at least seven days after the date of the conference.
For purposes of this section, misrepresentation, excusable
neglect, or circumstances beyond the control of the person who
requested the conference which prevented the person's appearance
at the conference constitutes good cause for failure to appear.
If the public authority finds good cause, the conference shall
be rescheduled by the public authority and the public authority
shall send notice as required under this subdivision. If only
one party appears at the conference and there is new information
available, the matter shall proceed directly to the scheduled
contested administrative proceeding.
(e) (f) If the parties appear at the conference, the public
authority shall seek and do not reach agreement of the parties
to the entry of a consent order which establishes child support
in accordance with applicable law., the public authority shall
advise the parties that if a consent order is not entered, the
matter will be remains scheduled for a hearing before an
administrative law judge, or a district court judge or
referee contested administrative proceeding, and that the public
authority will seek the establishment of child support at
the hearing proceeding in accordance with the highest amount
permitted under section 518.551, subdivision 5. If an agreement
to enter the consent order is not reached at the conference, the
public authority shall schedule the matter for a contested
hearing child support guidelines.
(f) If an agreement is reached by the parties at the
conference, a consent order shall be prepared by the public
authority, and shall be signed by the parties. All consent and
default orders shall be signed by the nonattorney employee of
the public authority and shall be submitted to an administrative
law judge or the district court for approval and signature. The
order is enforceable upon the signature by the administrative
law judge or the district court. The consent order shall be
served on the parties under the rules of civil procedure.
(g) If one or both of the parties appear at the
administrative conference and there is new information that
makes the proposed order unreasonable or inappropriate, the
public authority may issue a revised proposed order pursuant to
subdivision 2, paragraph (c), or proceed directly to a contested
administrative proceeding.
Sec. 21. Minnesota Statutes 1996, section 518.5511, is
amended by adding a subdivision to read:
Subd. 3a. [ALTERNATIVE ADMINISTRATIVE RESOLUTIONS.] (a)(1)
Any party may proceed directly to a contested administrative
proceeding under subdivision 4 by making a written request to
the public authority. After the public authority receives a
written request, the public authority shall request or schedule
a contested administrative proceeding and inform the requester
of the date, time, and place of the hearing. The public
authority shall also provide the requester with the contested
administrative documents necessary for the proceeding. These
documents must be completed by the requester, served on the
other party and the public authority, and filed with the court
administrator at least 21 days before the hearing. If the
documents are not filed with the court administrator, the
contested administrative proceeding must be canceled unless the
public authority or a party objects.
(2) The public authority may also proceed directly to a
contested administrative proceeding.
(b) At any time in the administrative process, including
prior to the issuance of the proposed order, if the parties and
the public authority are in agreement, the public authority
shall prepare a consent order to be signed by the public
authority and the parties. The parties must waive any of their
rights to the notices and time frames required by this section.
The public authority shall submit the order to the
administrative law judge. Upon signature by the court, the
order is a final order and must be filed with the court
administrator and served by first class mail on the parties.
Sec. 22. Minnesota Statutes 1996, section 518.5511,
subdivision 4, is amended to read:
Subd. 4. [CONTESTED ADMINISTRATIVE PROCEEDING.] (a) All
counties shall participate in the contested administrative
process established in this section as designated in a statewide
implementation plan to be set forth by the commissioner of human
services. No county shall be required to participate in the
contested administrative process until after the county has been
trained. The contested administrative process shall be in
operation in all counties no later than July 1, 1998, with the
exception of Hennepin county which shall have a pilot program in
operation no later than July 1, 1996.
The Hennepin county pilot program shall be jointly planned,
implemented, and evaluated by the department of human services,
the office of administrative hearings, the fourth judicial
district court, and Hennepin county. The pilot program shall
provide that one-half of the case load use the contested
administrative process. The pilot program shall include an
evaluation which shall be conducted after one year of program
operation. A preliminary evaluation report shall be submitted
by the commissioner to the legislature by March 1, 1997. A
final evaluation report shall be submitted by the commissioner
to the legislature by January 15, 1998. The pilot program shall
continue pending final decision by the legislature, or until the
commissioner determines that the pilot program shall discontinue
and that Hennepin county shall not participate in the contested
administrative process.
In counties designated by the commissioner, contested
hearings administrative proceedings required under this section
shall be scheduled before administrative law judges, and shall
be conducted in accordance with the provisions under this
section. In counties not designated by the commissioner,
contested hearings administrative proceedings shall be conducted
in district court in accordance with the rules of civil
procedure and the rules of family court.
(b) An administrative law judge may conduct hearings
administrative proceedings and approve a stipulation reached on
a contempt motion brought by the public authority. Any
stipulation that involves a finding of contempt and a jail
sentence, whether stayed or imposed, shall require the review
and signature of a district court judge.
(c) A party, witness, or attorney may appear or testify by
telephone, audiovisual means, or other electronic means, at the
discretion of the administrative law judge.
(d) Before implementing the process in a county, the chief
administrative law judge, the commissioner of human services,
the director of the county human services agency, the county
attorney, the county court administrator, and the county sheriff
shall jointly establish procedures, and the county shall provide
hearing facilities for implementing this process in the county.
A contested administrative hearing proceeding shall be conducted
in a courtroom, if one is available, or a conference or meeting
room with at least two exits and of sufficient size to permit
adequate physical separation of the parties. The court
administrator shall, to the extent practical, provide
administrative support for the contested hearing administrative
proceeding. Security personnel shall either be present during
the administrative hearings proceedings, or be available to
respond to a request for emergency assistance.
(e) The contested administrative hearings shall be
conducted under the rules of the office of administrative
hearings, Minnesota Rules, parts 1400.5275, 1400.5500, 1400.6000
to 1400.6400, 1400.6600 to 1400.7000, 1400.7100 to 1400.7500,
1400.7700, 1400.7800, and 1400.8100, as adopted by the chief
administrative law judge. For matters not initiated under
subdivision 2, documents from the moving party shall be served
and filed at least 21 14 days prior to the hearing and the
opposing party shall serve and file documents raising new issues
at least ten days prior to the hearing. In all contested
administrative proceedings, the administrative law judge may
limit the extent and timing of discovery. Except as provided
under this section, other aspects of the case, including, but
not limited to, discovery, shall be conducted under the rules of
family court, the rules of civil procedure, and chapter 518.
(f) Pursuant to Following a contested administrative
hearing, the administrative law judge shall make findings of
fact, conclusions, and a final decision and issue an order.
Orders issued by an administrative law judge may be enforceable
by the contempt powers of the district courts.
(g) At the time the matter is scheduled for a contested
hearing administrative proceeding, the public authority shall
file in the district court copies of all relevant documents sent
to or received from the parties that have been provided to all
parties, in addition to the any documents filed under
subdivision 2, paragraph (e) (d). These documents may be used
as evidence by the judge in deciding the case without need for
further foundation testimony. For matters scheduled for a
contested hearing administrative proceeding which were not
initiated under subdivision 2, the public authority shall obtain
any income information available to the public authority through
the department of economic security and serve this information
on all parties and file the information with the court at least
five days prior to the hearing.
(h) If only one party appears at the contested
administrative proceeding, a hearing must be conducted. The
administrative law judge shall prepare an order and file it with
the district court. The court shall serve the order on the
parties by first class mail at the last known address and shall
provide a copy of the order to the public authority.
(i) If neither party appears at the contested
administrative proceeding and no new information has been
submitted or made available to the court or public authority,
the public authority shall submit the default order to the
administrative law judge for signature. If neither party
appears and new information is available to the court or public
authority, the administrative law judge shall prepare an order
based on the new information. The court shall serve the order
on the parties by first class mail at the last known address and
shall provide a copy of the order to the public authority.
(j) The decision and order of the administrative law judge
is appealable to the court of appeals in the same manner as a
decision of the district court.
Sec. 23. Minnesota Statutes 1996, section 518.5512,
subdivision 3, is amended to read:
Subd. 3. [COST-OF-LIVING ADJUSTMENT.] The notice of
application for adjustment shall be treated as a proposed order
under section 518.5511, subdivision 2, paragraph (c). The
public authority shall send notice of its application for a
cost-of-living adjustment on the obligor in accord with section
518.641. The public authority shall stay the adjustment of
support upon receipt by the public authority of a request for an
administrative conference by the obligor to proceed directly to
a contested administrative proceeding under section 518.5511,
subdivision 4. An obligor requesting an administrative
conference shall provide all relevant information that
establishes an insufficient increase in income to justify the
adjustment of the support obligation. If the obligor fails to
submit any evidence at the administrative conference, the
cost-of-living adjustment will immediately go into effect.
Sec. 24. Minnesota Statutes 1996, section 518.5512, is
amended by adding a subdivision to read:
Subd. 3a. [FORM.] The public authority shall prepare and
make available to the court and obligors a form, to be submitted
to the public authority by the obligor, to request to proceed
directly to a contested administrative proceeding regarding a
cost-of-living adjustment.
Sec. 25. Minnesota Statutes 1996, section 518.553, is
amended to read:
518.553 [PAYMENT AGREEMENTS.]
In proposing or approving proposed written payment
agreements for purposes of section 518.551, the court, an
administrative law judge, or the public authority shall take
into consideration the amount of the arrearages, the amount of
the current support order, any pending request for modification,
and the earnings of the obligor. The court, administrative law
judge, or public authority shall consider the individual
financial circumstances of each obligor in evaluating the
obligor's ability to pay any proposed payment agreement and
shall propose a reasonable payment agreement tailored to the
individual financial circumstances of each obligor.
Sec. 26. Minnesota Statutes 1996, section 518.5852, is
amended to read:
518.5852 [CENTRAL COLLECTIONS UNIT.]
The commissioner of human services shall create and
maintain a central collections unit for the purpose of
receiving, processing, and disbursing payments, and for
maintaining a record of payments, in all cases in which:
(1) the state or county is a party;
(2) the state or county provides child support enforcement
services to a party; or
(3) payment is collected through income withholding.
The commissioner of human services may contract for
services to carry out these provisions, provided that the
commissioner first meets and negotiates with the affected
exclusive representatives.
Sec. 27. [518.618] [CASE REVIEWER.]
The commissioner shall make a case reviewer available to
obligors and obligees. The reviewer must be available to answer
questions concerning the collection process and to review the
collection activity taken. A reviewer who reasonably believes
that a particular action being taken is unreasonable or unfair
may make recommendations to the commissioner and the applicable
county in regard to the collection action.
Sec. 28. [518.6195] [COLLECTION; ARREARS ONLY.]
(a) Remedies available for the collection and enforcement
of support in this chapter and chapters 256, 257, and 518C also
apply to cases in which the child or children for whom support
is owed are emancipated and the obligor owes past support or has
an accumulated arrearage as of the date of the youngest child's
emancipation. Child support arrearages under this section
include arrearages for child support, medical support, child
care, pregnancy and birth expenses, and unreimbursed medical
expenses as defined in section 518.171.
(b) This section applies retroactively to any support
arrearage that accrued on or before the date of enactment and to
all arrearages accruing after the date of enactment.
Sec. 29. Minnesota Statutes 1996, section 518.64,
subdivision 2, is amended to read:
Subd. 2. [MODIFICATION.] (a) The terms of an order
respecting maintenance or support may be modified upon a showing
of one or more of the following: (1) substantially increased or
decreased earnings of a party; (2) substantially increased or
decreased need of a party or the child or children that are the
subject of these proceedings; (3) receipt of assistance under
sections 256.72 to 256.87 or 256B.01 to 256B.40; (4) a change in
the cost of living for either party as measured by the federal
bureau of statistics, any of which makes the terms unreasonable
and unfair; (5) extraordinary medical expenses of the child not
provided for under section 518.171; or (6) the addition of
work-related or education-related child care expenses of the
obligee or a substantial increase or decrease in existing
work-related or education-related child care expenses.
(b) It is presumed that there has been a substantial change
in circumstances under clause (1), (2), or (4) paragraph (a) and
the terms of a current support order shall be rebuttably
presumed to be unreasonable and unfair if:
(1) the application of the child support guidelines in
section 518.551, subdivision 5, to the current circumstances of
the parties results in a calculated court order that is at least
20 percent and at least $50 per month higher or lower than the
current support order.;
(2) the medical support provisions of the order established
under section 518.171 are not enforceable by the public
authority or the custodial parent;
(3) health coverage ordered under section 518.171 is not
available to the child for whom the order is established by the
parent ordered to provide; or
(4) the existing support obligation is in the form of a
statement of percentage and not a specific dollar amount.
(b) (c) On a motion for modification of maintenance,
including a motion for the extension of the duration of a
maintenance award, the court shall apply, in addition to all
other relevant factors, the factors for an award of maintenance
under section 518.552 that exist at the time of the motion. On
a motion for modification of support, the court:
(1) shall apply section 518.551, subdivision 5, and shall
not consider the financial circumstances of each party's spouse,
if any; and
(2) shall not consider compensation received by a party for
employment in excess of a 40-hour work week, provided that the
party demonstrates, and the court finds, that:
(i) the excess employment began after entry of the existing
support order;
(ii) the excess employment is voluntary and not a condition
of employment;
(iii) the excess employment is in the nature of additional,
part-time employment, or overtime employment compensable by the
hour or fractions of an hour;
(iv) the party's compensation structure has not been
changed for the purpose of affecting a support or maintenance
obligation;
(v) in the case of an obligor, current child support
payments are at least equal to the guidelines amount based on
income not excluded under this clause; and
(vi) in the case of an obligor who is in arrears in child
support payments to the obligee, any net income from excess
employment must be used to pay the arrearages until the
arrearages are paid in full.
(c) (d) A modification of support or maintenance may be
made retroactive only with respect to any period during which
the petitioning party has pending a motion for modification but
only from the date of service of notice of the motion on the
responding party and on the public authority if public
assistance is being furnished or the county attorney is the
attorney of record. However, modification may be applied to an
earlier period if the court makes express findings that:
(1) the party seeking modification was precluded from
serving a motion by reason of a significant physical or mental
disability, a material misrepresentation of another party, or
fraud upon the court and that the party seeking modification,
when no longer precluded, promptly served a motion;
(2) the party seeking modification was a recipient of
federal Supplemental Security Income (SSI), Title II Older
Americans, Survivor's Disability Insurance (OASDI), other
disability benefits, or public assistance based upon need during
the period for which retroactive modification is sought; or
(3) the order for which the party seeks amendment was
entered by default, the party shows good cause for not
appearing, and the record contains no factual evidence, or
clearly erroneous evidence regarding the individual obligor's
ability to pay.
The court may provide that a reduction in the amount
allocated for child care expenses based on a substantial
decrease in the expenses is effective as of the date the
expenses decreased.
(d) (e) Except for an award of the right of occupancy of
the homestead, provided in section 518.63, all divisions of real
and personal property provided by section 518.58 shall be final,
and may be revoked or modified only where the court finds the
existence of conditions that justify reopening a judgment under
the laws of this state, including motions under section 518.145,
subdivision 2. The court may impose a lien or charge on the
divided property at any time while the property, or subsequently
acquired property, is owned by the parties or either of them,
for the payment of maintenance or support money, or may
sequester the property as is provided by section 518.24.
(e) (f) The court need not hold an evidentiary hearing on a
motion for modification of maintenance or support.
(f) (g) Section 518.14 shall govern the award of attorney
fees for motions brought under this subdivision.
Sec. 30. Minnesota Statutes 1996, section 518.641,
subdivision 2, is amended to read:
Subd. 2. [CONDITIONS.] No adjustment under this section
may be made unless the order provides for it and until the
following conditions are met:
(a) the obligee or public authority serves notice of its
the application for adjustment by mail on the obligor at the
obligor's last known address at least 20 days before the
effective date of the adjustment;
(b) the notice to the obligor informs the obligor of the
date on which the adjustment in payments will become effective;
and
(c) after receipt of notice and before the effective day of
the adjustment, the obligor fails to request a hearing on the
issue of whether the adjustment should take effect, and ex
parte, to stay imposition of the adjustment pending outcome of
the hearing; or
(d) the public authority sends notice of its application
for adjustment to the obligor at the obligor's last known
address at least 20 days before the effective date of the
adjustment, and the notice informs the obligor of the date on
which the adjustment will become effective and the procedures
for contesting the adjustment according to section 518.5512.
Sec. 31. Minnesota Statutes 1996, section 609.375, is
amended by adding a subdivision to read:
Subd. 7. [CONDITIONS OF WORK RELEASE; PROBATION
VIOLATION.] Upon conviction under this section, a defendant may
obtain work release only upon the imposition of an automatic
income withholding order, and may be required to post a bond in
avoidance of jail time and conditioned upon payment of all child
support owed. Nonpayment of child support is a violation of any
probation granted following conviction under subdivision 2a.
Sec. 32. [INDEPENDENT CONTRACTORS.]
The department of human services shall report to the chairs
of the judiciary committees in the house of representatives and
the senate by February 1, 1998, on the state's experience
including independent contractors for the state in the work
reporting system.
Sec. 33. [CHILD SUPPORT ON-TIME PERFORMANCE BONUS
INCENTIVE PROGRAM.]
The commissioner shall develop a proposal for a bonus
incentive program to reward timeliness of child support service
delivery, including the establishment of orders, the
modification of orders, and the administrative process. Special
emphasis must be given to cases where timely delivery of
services may divert families from public assistance or help
families exit public assistance with minimal loss of
time-limited public assistance benefits. The proposal must
treat current federal law service delivery timelines as minimum
standards and reward county agencies that surpass the minimum
standards. Other methods to enhance timely service delivery may
be considered. The commissioner shall consult with public
assistance recipients and low-income nonpublic assistance
recipients in developing the proposal. The commissioner shall
report and make recommendations to the legislature by January
15, 1998.
Sec. 34. [REPEALER.]
Minnesota Statutes 1996, section 609.375, subdivisions 3,
4, and 6, are repealed.
Sec. 35. [EFFECTIVE DATES.]
Sections 16 and 25 are effective the day following final
enactment.
ARTICLE 2
VISITATION
Section 1. Minnesota Statutes 1996, section 518.157, is
amended to read:
518.157 [ORIENTATION PARENT EDUCATION PROGRAM IN
PROCEEDINGS INVOLVING CHILDREN.]
Subdivision 1. [IMPLEMENTATION; ADMINISTRATION.] By
January 1, 1998, the chief judge of each judicial district or a
designee shall implement one or more parent education programs
within the judicial district for the purpose of educating
parents about the impact that divorce, the restructuring of
families, and judicial proceedings have upon children and
families; methods for preventing visitation conflicts; and
dispute resolution options. The chief judge of each judicial
district or a designee may require that children attend a
separate education program designed to deal with the impact of
divorce upon children as part of the parent education program.
Each parent education program must enable persons to have timely
and reasonable access to education sessions.
Subd. 2. [MINIMUM STANDARDS; PLAN.] The Minnesota supreme
court should promulgate minimum standards for the implementation
and administration of a parent education program. The chief
judge of each judicial district or a designee shall submit a
plan to the Minnesota conference of chief judges for their
approval that is designed to implement and administer a parent
education program in the judicial district. The plan must be
consistent with the minimum standards promulgated by the
Minnesota supreme court.
Subd. 3. [ATTENDANCE.] In a proceeding under this
chapter involving custody, support, or visitation of children,
the court may require the parties to or sections 257.51 to
257.75 where custody or visitation is contested, the parents of
a minor child shall attend an orientation and education
program regarding the proceedings and the impact on the children.
that meets the minimum standards promulgated by the Minnesota
supreme court. In all other proceedings involving custody,
support, or visitation the court may order the parents of a
minor child to attend a parent education program. The program
shall provide the court with names of persons who fail to attend
the parent education program as ordered by the court. Persons
who are separated or contemplating involvement in a dissolution,
paternity, custody, or visitation proceeding may attend a parent
education program without a court order. Participation in a
parent education program must occur as early as possible.
Parent education programs must offer an opportunity to
participate at all phases of a pending or postdecree
proceeding. Upon request of a party and a showing of good
cause, the court shall may excuse the party from attending the
program. Parties may be required to pay a fee to cover the cost
of the program, except that if a party is entitled to proceed in
forma pauperis under section 563.01, the court shall waive the
fee or direct its payment under section 563.01. If past or
present domestic abuse, as defined in chapter 518B, is alleged,
the court may shall not require the parties to attend the
same orientation session parent education sessions and shall
enter an order setting forth the manner in which the parties may
safely participate in the program.
Subd. 4. [SANCTIONS.] The court may impose sanctions upon
a parent for failure to attend or complete a parent education
program as ordered.
Subd. 5. [CONFIDENTIALITY.] Unless all parties agree in
writing, statements made by a party during participation in a
parent education program are inadmissible as evidence for any
purpose, including impeachment. No record may be made regarding
a party's participation in a parent education program, except a
record of attendance at and completion of the program as
required under this section. Instructors shall not disclose
information regarding an individual participant obtained as a
result of participation in a parent education program. Parent
education instructors may not be subpoenaed or called as
witnesses in court proceedings.
Subd. 6. [FEE.] Except as provided in this subdivision,
each person who attends a parent education program shall pay a
fee to defray the cost of the program. A party who qualifies
for waiver of filing fees under section 563.01 is exempt from
paying the parent education program fee and the court shall
waive the fee or direct its payment under section 563.01.
Program providers shall implement a sliding fee scale.
Sec. 2. Minnesota Statutes 1996, section 518.175,
subdivision 6, is amended to read:
Subd. 6. [REMEDIES.] (a) The court may provide for one or
more of the following remedies for denial of or interference
with court-ordered visitation as provided under this
subdivision. All visitation orders must include notice of the
provisions of this subdivision.
(b) If the court finds that a person has been wrongfully
deprived of the duly established right to court-ordered
visitation, the court shall order the custodial parent to permit
additional visits to compensate for the visitation of which the
person was deprived or the court shall make specific findings as
to why a request for compensatory visitation is denied. If
compensatory visitation is awarded, additional visits must be:
(1) at least of the same type and duration as the
wrongfully denied deprived visit and, at the discretion of the
court, may be in excess of or of a different type than the
deprived visit;
(2) taken within one year after the wrongfully denied
deprived visit; and
(3) at a time acceptable to the person deprived of
visitation.
(c) If the court finds that a party has wrongfully failed
to comply with a visitation order or a binding agreement or
decision under section 518.1751, the court may:
(1) impose a civil penalty of up to $500 on the party; or
(2) require the party to post a bond with the court for a
specified period of time to secure the party's compliance.;
(3) award reasonable attorney's fees and costs;
(4) require the party who violated the visitation order or
binding agreement or decision of the visitation expeditor to
reimburse the other party for costs incurred as a result of the
violation of the order or agreement or decision; or
(5) award any other remedy that the court finds to be in
the best interests of the children involved.
A civil penalty imposed under this paragraph must be
deposited in the county general fund and must be used to fund
the costs of a visitation expeditor program in a county with
this program. In other counties, the civil penalty must be
deposited in the state general fund.
(d) If the court finds that a party has been denied
visitation and has incurred expenses in connection with the
denied visitation, the court may require the party who denied
visitation to post a bond in favor of the other party in the
amount of prepaid expenses associated with an upcoming planned
visitation.
(e) Proof of an unwarranted denial of or interference with
duly established visitation may constitute contempt of court and
may be sufficient cause for reversal of custody.
Sec. 3. Minnesota Statutes 1996, section 518.1751, is
amended to read:
518.1751 [VISITATION DISPUTE RESOLUTION.]
Subdivision 1. [VISITATION EXPEDITOR.] (a) Upon request of
either party, the parties' stipulation, or upon the court's own
motion, the court may appoint a visitation expeditor to resolve
visitation disputes that occur under a visitation order while a
matter is pending under this chapter, chapter 257 or 518A, or
after a decree is entered. Prior to appointing the visitation
expeditor, the court shall give the parties notice that the
costs of the visitation expeditor will be apportioned among the
parties and that if the parties do not reach an agreement, the
visitation expeditor will make a nonbinding decision resolving
the dispute.
Subd. 1a. [EXCEPTIONS.] A party may not be required to
refer a visitation dispute to a visitation expeditor under this
section if:
(1) one of the parties claims to be the victim of domestic
abuse by the other party;
(2) the court determines there is probable cause that one
of the parties or a child of the parties has been physically
abused or threatened with physical abuse by the other party; or
(3) the party is unable to pay the costs of the expeditor,
as provided under subdivision 2a.
If the court is satisfied that the parties have been
advised by counsel and have agreed to use the visitation
expeditor process and the process does not involve face-to-face
meeting of the parties, the court may direct that the visitation
expeditor process be used.
Subd. 1b. [PURPOSE; DEFINITIONS.] (a) The purpose of a
visitation expeditor is to resolve visitation disputes by
enforcing, interpreting, clarifying, and addressing
circumstances not specifically addressed by an existing
visitation order and, if appropriate, to make a determination as
to whether the existing visitation order has been violated. A
visitation expeditor may be appointed to resolve a one-time
visitation dispute or to provide ongoing visitation dispute
resolution services.
(b) For purposes of this section, "visitation dispute"
means a disagreement among parties about visitation with a
child, including a dispute about an anticipated denial of a
future scheduled visit. "Visitation dispute" includes a claim
by a custodial parent that a noncustodial parent is not visiting
a child as well as a claim by a noncustodial parent that a
custodial parent is denying or interfering with visitation.
(c) A "visitation expeditor" is a neutral person authorized
to use a mediation-arbitration process to resolve visitation
disputes. A visitation expeditor shall attempt to resolve a
visitation dispute by facilitating negotiations between the
parties to promote settlement and, if it becomes apparent that
the dispute cannot be resolved by an agreement of the parties,
the visitation expeditor shall make a decision resolving the
dispute.
Subd. 2. [APPOINTMENT; COSTS.] The court shall appoint the
visitation expeditor and indicate the term of the appointment.
If the parties cannot agree on a visitation expeditor, the court
shall present a list of candidates with one more candidate than
there are parties to the dispute. In developing the list of
candidates, the court must give preference (a) The parties may
stipulate to the appointment of a visitation expeditor or a team
of two expeditors without appearing in court by submitting to
the court a written agreement identifying the names of the
individuals to be appointed by the court; the nature of the
dispute; the responsibilities of the visitation expeditor,
including whether the expeditor is appointed to resolve a
specific issue or on an ongoing basis; the term of the
appointment; and the apportionment of fees and costs. The court
shall review the agreement of the parties.
(b) If the parties cannot agree on a visitation expeditor,
the court shall provide to the parties a copy of the court
administrator's roster of visitation expeditors and require the
parties to exchange the names of three potential visitation
expeditors by a specific date. If after exchanging names the
parties are unable to agree upon a visitation expeditor, the
court shall select the visitation expeditor and, in its
discretion, may appoint one expeditor or a team of two
visitation expeditors. In the selection process the court must
give consideration to the financial circumstances of the parties
and the fees of those being considered as visitation
expeditors. Preference must be given to persons who agree to
volunteer their services or who will charge a variable fee for
services based on the ability of the parties to pay for
them. Each party shall strike one name and the court shall
appoint the remaining individual as the visitation expeditor.
In its order appointing the visitation expeditor, the court
shall apportion the costs of the visitation expeditor among the
parties, with each party bearing the portion of costs that the
court determines is just and equitable under the circumstances.
If a party files a pro se motion regarding a visitation dispute
and there is not a court order that provides for apportionment
of the costs of an expeditor, the court administrator may
require the party requesting the appointment of an expeditor to
pay the costs of the expeditor in advance. Neither party may be
required to submit a dispute to a visitation expeditor if the
party cannot afford to pay for the costs of an expeditor and an
affordable expeditor is not available, unless the other party
agrees to pay the costs. After costs are incurred, a party may
by motion request that the costs be reapportioned on equitable
grounds. The court may consider the resources of the parties,
the nature of the dispute, and whether a party acted in bad
faith. The court may consider information from the expeditor in
determining bad faith.
(c) An order appointing a visitation expeditor must
identify the name of the individual to be appointed, the nature
of the dispute, the responsibilities of the visitation expeditor
including whether the expeditor is appointed to resolve a
specific issue or on an ongoing basis, the term of the
appointment, the apportionment of fees, and notice that if the
parties are unable to reach an agreement with the assistance of
the visitation expeditor, the visitation expeditor is authorized
to make a decision resolving the dispute which is binding upon
the parties unless modified or vacated by the court.
Subd. 2a. [FEES.] Prior to appointing the visitation
expeditor, the court shall give the parties notice that the fees
of the visitation expeditor will be apportioned among the
parties. In its order appointing the visitation expeditor, the
court shall apportion the fees of the visitation expeditor among
the parties, with each party bearing the portion of fees that
the court determines is just and equitable under the
circumstances. If a party files a pro se motion regarding a
visitation dispute and there is not a court order that provides
for apportionment of the fees of an expeditor, the court
administrator may require the party requesting the appointment
of an expeditor to pay the fees of the expeditor in advance.
Neither party may be required to submit a dispute to a
visitation expeditor if the party cannot afford to pay for the
fees of an expeditor and an affordable expeditor is not
available, unless the other party agrees to pay the fees. After
fees are incurred, a party may by motion request that the fees
be reapportioned on equitable grounds. The court may consider
the resources of the parties, the nature of the dispute, and
whether a party acted in bad faith. The court may consider
information from the expeditor in determining bad faith.
Subd. 2b. [ROSTER OF VISITATION EXPEDITORS.] Each court
administrator shall maintain and make available to the public
and judicial officers a roster of individuals available to serve
as visitation expeditors, including each individual's name,
address, telephone number, and fee charged, if any. A court
administrator shall not place on the roster the name of an
individual who has not completed the training required in
subdivision 2c. If the use of a visitation expeditor is
initiated by stipulation of the parties, the parties may agree
upon a person to serve as a visitation expeditor even if that
person has not completed the training described in subdivision
2c. The court may appoint a person to serve as a visitation
expeditor even if the person is not on the court administrator's
roster, but may not appoint a person who has not completed the
training described in subdivision 2c, unless so stipulated by
the parties. To maintain one's listing on a court
administrator's roster of visitation expeditors, an individual
shall annually submit to the court administrator proof of
completion of continuing education requirements.
Subd. 2c. [TRAINING AND CONTINUING EDUCATION
REQUIREMENTS.] To qualify for listing on a court administrator's
roster of visitation expeditors, an individual shall complete a
minimum of 40 hours of family mediation training that has been
certified by the Minnesota supreme court, which must include
certified training in domestic abuse issues as required under
Rule 114 of the Minnesota General Rules of Practice for the
District Courts. To maintain one's listing on a court
administrator's roster of visitation expeditors, an individual
shall annually attend three hours of continuing education about
alternative dispute resolution subjects.
Subd. 3. [AGREEMENT OR DECISION.] (a) If a visitation
dispute arises Within five days of notice of the appointment, or
within five days of notice of a subsequent visitation dispute
between the same parties, the visitation expeditor shall meet
with the parties together or separately within five days and
shall make a diligent effort to facilitate an agreement to
resolve the visitation dispute. If a visitation dispute
requires immediate resolution, the visitation expeditor may
confer with the parties through a telephone conference or
similar means. An expeditor may make a decision without
conferring with a party if the expeditor made a good faith
effort to confer with the party, but the party chose not to
participate in resolution of the dispute.
(b) If the parties do not reach an agreement, the expeditor
shall make a decision resolving the dispute as soon as possible
but not later than five days after receiving all information
necessary to make a decision and after the final meeting or
conference with the parties. Resolution of a dispute may
include The visitation expeditor is authorized to award
compensatory visitation under section 518.175, subdivision 6.,
and may recommend to the court that the noncomplying party pay
attorney's fees, court costs, and other costs under section
518.175, subdivision 6, paragraph (d), if the visitation order
has been violated. The visitation expeditor shall not lose
authority to make a decision if circumstances beyond the
visitation expeditor's control make it impracticable to meet the
five-day timelines.
(c) Unless the parties mutually agree, the visitation
expeditor may shall not make a decision that modifies visitation
rights ordered by the court. is inconsistent with an existing
visitation order, but may make decisions interpreting or
clarifying a visitation order, including the development of a
specific schedule when the existing court order grants
"reasonable visitation."
(d) The expeditor shall put an agreement or decision in
writing, and provide a copy to the parties, and file a copy with
the court. The visitation expeditor may include or omit reasons
for the agreement or decision. An agreement of the parties or a
decision of the visitation expeditor is binding on the parties
unless vacated or modified by the court. If a party does not
comply with an agreement of the parties or a decision of the
expeditor, any party may bring a motion with the court to
resolve the dispute and shall attach a copy of the parties'
written agreement or decision of the expeditor. The court
may consider enforce, modify, or vacate the agreement of the
parties or the decision of the expeditor, but neither is binding
on the court.
Subd. 4. [OTHER AGREEMENTS.] This section does not
preclude the parties from voluntarily agreeing to submit their
visitation dispute to a neutral third party or from otherwise
resolving visitation disputes on a voluntary basis.
Subd. 4a. [CONFIDENTIALITY.] (a) Statements made and
documents produced as part of the visitation expeditor process
which are not otherwise discoverable are not subject to
discovery or other disclosure and are not admissible into
evidence for any purpose at trial or in any other proceeding,
including impeachment.
(b) Sworn testimony may be used in subsequent proceedings
for any purpose for which it is admissible under the rules of
evidence. Visitation expeditors, and lawyers for the parties to
the extent of their participation in the visitation expeditor
process, must not be subpoenaed or called as witnesses in court
proceedings.
(c) Notes, records, and recollections of visitation
expeditors are confidential and must not be disclosed to the
parties, the public, or anyone other than the visitation
expeditor unless:
(1) all parties and the visitation expeditor agree in
writing to the disclosure; or
(2) disclosure is required by law or other applicable
professional codes.
Notes and records of visitation expeditors must not be
disclosed to the court unless after a hearing the court
determines that the notes or records should be reviewed in
camera. Those notes or records must not be released by the
court unless it determines that they disclose information
showing illegal violation of the criminal law of the state.
Subd. 5. [IMMUNITY.] A visitation expeditor is immune from
civil liability for actions taken or not taken when acting under
this section.
Subd. 5a. [REMOVAL.] If a visitation expeditor has been
appointed on a long-term basis, a party or the visitation
expeditor may file a motion seeking to have the expeditor
removed for good cause shown.
Subd. 6. [MANDATORY VISITATION DISPUTE RESOLUTION.] (a)
Subject to subdivision 7 1a, a judicial district may establish a
mandatory visitation dispute resolution program as provided in
this subdivision. In a district where a program has been
established, parties may be required to submit visitation
disputes to a visitation expeditor as a prerequisite to a motion
on the dispute being heard by the court, or either party may
submit the dispute to a visitation expeditor. A party may file
a motion with the court for purposes of obtaining a court date,
if necessary, but a hearing may not be held until resolution of
the dispute with the visitation expeditor. The appointment of a
visitation expeditor must be in accordance with subdivision 2.
Visitation expeditor fees must be paid in accordance with
subdivision 2a.
(b) If a visitation expeditor has not been previously
appointed for the parties under subdivision 1 and the parties
cannot agree on a visitation expeditor, the court or court
administrator shall appoint a visitation expeditor from a list
of candidates established by the judicial district, giving
preference to candidates who agree to volunteer their services
or charge a variable fee based on the ability of the parties to
pay.
(c) Notwithstanding subdivision 1, an agreement of the
parties or decision of the visitation expeditor under this
subdivision is binding on the parties unless vacated or modified
by the court. The expeditor shall put the agreement or decision
in writing, provide a copy to the parties, and file a copy with
the court. The court may consider the agreement of the parties
or the decision of the expeditor, but neither is binding on the
court.
Subd. 7. [EXCEPTIONS.] A party may not be required to
refer a visitation dispute to a visitation expeditor under this
section if:
(1) the party has obtained an order for protection under
chapter 518B against the other party; or
(2) the party is unable to pay the costs of the expeditor,
as provided under subdivision 2.
Sec. 4. Minnesota Statutes 1996, section 518.179,
subdivision 1, is amended to read:
Subdivision 1. [SEEKING CUSTODY OR VISITATION.]
Notwithstanding any contrary provision in section 518.17 or
518.175, if a person seeking child custody or visitation has
been convicted of a crime described in subdivision 2, the person
seeking custody or visitation has the burden to prove that
custody or visitation by that person is in the best interests of
the child if:
(1) the conviction occurred within the preceding five
years;
(2) the person is currently incarcerated, on probation, or
under supervised release for the offense; or
(3) the victim of the crime was a family or household
member as defined in section 518B.01, subdivision 2.
If this section applies, the court may not grant custody or
visitation to the person unless it finds that the custody or
visitation is in the best interests of the child. If the victim
of the crime was a family or household member, the standard of
proof is clear and convincing evidence. A guardian ad litem
must be appointed in any case where this section applies.
Sec. 5. Minnesota Statutes 1996, section 518.195, is
amended to read:
518.195 [PILOT PROJECT SUMMARY DISSOLUTION PROCESS.]
Subdivision 1. [CRITERIA.] In the counties selected under
subdivision 4, A couple desirous of dissolving their marriage
may use the streamlined procedure in this section if:
(1) no living minor children have been born to or adopted
by the parties before or during the marriage, unless someone
other than the husband has been adjudicated the father;
(2) the wife is not pregnant;
(3) they have been married fewer than five eight years as
of the date they file their joint declaration;
(4) neither party owns any real estate;
(5) there are no unpaid debts in excess of $5,000 $8,000
incurred by either or both of the parties during the marriage,
excluding encumbrances on automobiles;
(6) the total fair market value of the marital assets does
not exceed $25,000, including net equity on automobiles;
(7) neither party has nonmarital assets in excess of
$25,000; and
(8) neither party has been a victim of domestic abuse by
the other.
Subd. 2. [PROCEDURE.] A couple qualifying under all of the
criteria in subdivision 1, may obtain a judgment and decree by:
(1) filing a sworn joint declaration, on which both of
their signatures must be notarized, containing or appending the
following information:
(i) the demographic data required in section 518.10;
(ii) verifying the qualifications set forth in subdivision
1;
(iii) listing each party's nonmarital property;
(iv) setting forth how the marital assets and debts will be
apportioned;
(v) verifying both parties' income and preserving their
rights to spousal maintenance; and
(vi) certifying that there has been no domestic abuse of
one party by the other; and
(2) viewing any introductory and summary process
educational videotapes, if then available from the court, and
certifying that they watched any such tapes within the 30 days
preceding the filing of the joint declaration.
The district court administrator shall enter a decree of
dissolution 30 days after the filing of the joint declaration if
the parties meet the statutory qualifications and have complied
with the procedural requirements of this subdivision.
Subd. 3. [FORMS.] The state court administrator shall
develop simplified forms and instructions for the summary
process within 120 days of July 1, 1991. District court
administrators shall make the forms for the summary process
available upon request and shall accept joint declarations for
filing 180 days after July 1, 1991 on and after July 1, 1997.
Subd. 4. [PILOT PROGRAM.] The state court administrator
shall designate no more than five counties in at least three
different judicial districts as pilot jurisdictions for testing
the streamlined process. District court administrators shall
make the forms for the summary process available upon request to
appropriate residents of the pilot jurisdictions.
Sec. 6. Minnesota Statutes 1996, section 518.68,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS.] The required notices must be
substantially as follows:
IMPORTANT NOTICE
1. PAYMENTS TO PUBLIC AGENCY
Pursuant to Minnesota Statutes, section 518.551,
subdivision 1, payments ordered for maintenance and support
must be paid to the public agency responsible for child
support enforcement as long as the person entitled to
receive the payments is receiving or has applied for public
assistance or has applied for support and maintenance
collection services. MAIL PAYMENTS TO:
2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A
FELONY
A person may be charged with a felony who conceals a minor
child or takes, obtains, retains, or fails to return a
minor child from or to the child's parent (or person with
custodial or visitation rights), pursuant to Minnesota
Statutes, section 609.26. A copy of that section is
available from any district court clerk.
3. RULES OF SUPPORT, MAINTENANCE, VISITATION
(a) Payment of support or spousal maintenance is to be as
ordered, and the giving of gifts or making purchases of
food, clothing, and the like will not fulfill the
obligation.
(b) Payment of support must be made as it becomes due, and
failure to secure or denial of rights of visitation is NOT
an excuse for nonpayment, but the aggrieved party must seek
relief through a proper motion filed with the court.
(c) Nonpayment of support is not grounds to deny
visitation. The party entitled to receive support may
apply for support and collection services, file a contempt
motion, or obtain a judgment as provided in Minnesota
Statutes, section 548.091.
(d) The payment of support or spousal maintenance takes
priority over payment of debts and other obligations.
(e) A party who accepts additional obligations of support
does so with the full knowledge of the party's prior
obligation under this proceeding.
(f) Child support or maintenance is based on annual income,
and it is the responsibility of a person with seasonal
employment to budget income so that payments are made
throughout the year as ordered.
(g) If there is a layoff or a pay reduction, support may be
reduced as of the time of the layoff or pay reduction if a
motion to reduce the support is served and filed with the
court at that time, but any such reduction must be ordered
by the court. The court is not permitted to reduce support
retroactively, except as provided in Minnesota Statutes,
section 518.64, subdivision 2, paragraph (c).
(h) Reasonable visitation guidelines are contained in
Appendix B, which is available from the court administrator.
4. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17,
SUBDIVISION 3
Unless otherwise provided by the Court:
(a) Each party has the right of access to, and to receive
copies of, school, medical, dental, religious training, and
other important records and information about the minor
children. Each party has the right of access to
information regarding health or dental insurance available
to the minor children. Presentation of a copy of this
order to the custodian of a record or other information
about the minor children constitutes sufficient
authorization for the release of the record or information
to the requesting party.
(b) Each party shall keep the other informed as to the name
and address of the school of attendance of the minor
children. Each party has the right to be informed by
school officials about the children's welfare, educational
progress and status, and to attend school and parent
teacher conferences. The school is not required to hold a
separate conference for each party.
(c) In case of an accident or serious illness of a minor
child, each party shall notify the other party of the
accident or illness, and the name of the health care
provider and the place of treatment.
(d) Each party has the right of reasonable access and
telephone contact with the minor children.
5. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE
Child support and/or spousal maintenance may be withheld
from income, with or without notice to the person obligated
to pay, when the conditions of Minnesota Statutes, sections
518.611 and 518.613, have been met. A copy of those
sections is available from any district court clerk.
6. CHANGE OF ADDRESS OR RESIDENCE
Unless otherwise ordered, the person responsible to make
support or maintenance payments shall notify the person
entitled to receive the payment and the public authority
responsible for collection, if applicable, of a change of
address or residence within 60 days of the address or
residence change.
7. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE
Child support and/or spousal maintenance may be adjusted
every two years based upon a change in the cost of living
(using Department of Labor Consumer Price Index ..........,
unless otherwise specified in this order) when the
conditions of Minnesota Statutes, section 518.641, are met.
Cost of living increases are compounded. A copy of
Minnesota Statutes, section 518.641, and forms necessary to
request or contest a cost of living increase are available
from any district court clerk.
8. JUDGMENTS FOR UNPAID SUPPORT
If a person fails to make a child support payment, the
payment owed becomes a judgment against the person
responsible to make the payment by operation of law on or
after the date the payment is due, and the person entitled
to receive the payment or the public agency may obtain
entry and docketing of the judgment WITHOUT NOTICE to the
person responsible to make the payment under Minnesota
Statutes, section 548.091. Interest begins to accrue on a
payment or installment of child support whenever the unpaid
amount due is greater than the current support due,
pursuant to Minnesota Statutes, section 548.091,
subdivision 1a.
9. JUDGMENTS FOR UNPAID MAINTENANCE
A judgment for unpaid spousal maintenance may be entered
when the conditions of Minnesota Statutes, section 548.091,
are met. A copy of that section is available from any
district court clerk.
10. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD
SUPPORT
A judgment for attorney fees and other collection costs
incurred in enforcing a child support order will be entered
against the person responsible to pay support when the
conditions of section 518.14, subdivision 2, are met. A
copy of section 518.14 and forms necessary to request or
contest these attorney fees and collection costs are
available from any district court clerk.
11. VISITATION EXPEDITOR PROCESS
On request of either party or on its own motion, the court
may appoint a visitation expeditor to resolve visitation
disputes under Minnesota Statutes, section 518.1751. A
copy of that section and a description of the expeditor
process is available from any district court clerk.
12. VISITATION REMEDIES AND PENALTIES
Remedies and penalties for the wrongful denial of
visitation rights are available under Minnesota Statutes,
section 518.175, subdivision 6. These include compensatory
visitation; civil penalties; bond requirements; contempt;
and reversal of custody. A copy of that subdivision and
forms for requesting relief are available from any district
court clerk.
Sec. 7. Minnesota Statutes 1996, section 519.05, is
amended to read:
519.05 [LIABILITY OF HUSBAND AND WIFE.]
(a) A spouse is not liable to a creditor for any debts of
the other spouse, except for necessaries furnished to the other
after marriage, where the spouse would be liable at common law.
Where husband and wife are living together, they shall be
jointly and severally liable for all necessary household
articles and supplies furnished to and used by the family.
Notwithstanding this paragraph, in a proceeding under chapter
518 the court may apportion such debt between the spouses.
(b) Either spouse may close a credit card account or other
unsecured consumer line of credit on which both spouses are
contractually liable, by giving written notice to the creditor.
Sec. 8. Minnesota Statutes 1996, section 626.556,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them unless the specific
content indicates otherwise:
(a) "Sexual abuse" means the subjection of a child by a
person responsible for the child's care, by a person who has a
significant relationship to the child, as defined in section
609.341, or by a person in a position of authority, as defined
in section 609.341, subdivision 10, to any act which constitutes
a violation of section 609.342, 609.343, 609.344, or 609.345.
Sexual abuse also includes any act which involves a minor which
constitutes a violation of sections 609.321 to 609.324 or
617.246. Sexual abuse includes threatened sexual abuse.
(b) "Person responsible for the child's care" means (1) an
individual functioning within the family unit and having
responsibilities for the care of the child such as a parent,
guardian, or other person having similar care responsibilities,
or (2) an individual functioning outside the family unit and
having responsibilities for the care of the child such as a
teacher, school administrator, or other lawful custodian of a
child having either full-time or short-term care
responsibilities including, but not limited to, day care,
babysitting whether paid or unpaid, counseling, teaching, and
coaching.
(c) "Neglect" means failure by a person responsible for a
child's care to supply a child with necessary food, clothing,
shelter or medical care when reasonably able to do so, failure
to protect a child from conditions or actions which imminently
and seriously endanger the child's physical or mental health
when reasonably able to do so, or failure to take steps to
ensure that a child is educated in accordance with state law.
Nothing in this section shall be construed to mean that a child
is neglected solely because the child's parent, guardian, or
other person responsible for the child's care in good faith
selects and depends upon spiritual means or prayer for treatment
or care of disease or remedial care of the child in lieu of
medical care; except that a parent, guardian, or caretaker, or a
person mandated to report pursuant to subdivision 3, has a duty
to report if a lack of medical care may cause serious danger to
the child's health. This section does not impose upon persons,
not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a
duty to provide that care. Neglect includes prenatal exposure to
a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as
evidenced by withdrawal symptoms in the child at birth, results
of a toxicology test performed on the mother at delivery or the
child at birth, or medical effects or developmental delays
during the child's first year of life that medically indicate
prenatal exposure to a controlled substance. Neglect also means
"medical neglect" as defined in section 260.015, subdivision 2a,
clause (5).
(d) "Physical abuse" means any physical or mental injury,
or threatened injury, inflicted by a person responsible for the
child's care on a child other than by accidental means, or any
physical or mental injury that cannot reasonably be explained by
the child's history of injuries, or any aversive and deprivation
procedures that have not been authorized under section 245.825.
(e) "Report" means any report received by the local welfare
agency, police department, or county sheriff pursuant to this
section.
(f) "Facility" means a day care facility, residential
facility, agency, hospital, sanitarium, or other facility or
institution required to be licensed pursuant to sections 144.50
to 144.58, 241.021, or 245A.01 to 245A.16.
(g) "Operator" means an operator or agency as defined in
section 245A.02.
(h) "Commissioner" means the commissioner of human services.
(i) "Assessment" includes authority to interview the child,
the person or persons responsible for the child's care, the
alleged perpetrator, and any other person with knowledge of the
abuse or neglect for the purpose of gathering the facts,
assessing the risk to the child, and formulating a plan.
(j) "Practice of social services," for the purposes of
subdivision 3, includes but is not limited to employee
assistance counseling and the provision of guardian ad litem and
visitation expeditor services.
(k) "Mental injury" means an injury to the psychological
capacity or emotional stability of a child as evidenced by an
observable or substantial impairment in the child's ability to
function within a normal range of performance and behavior with
due regard to the child's culture.
(l) "Threatened injury" means a statement, overt act,
condition, or status that represents a substantial risk of
physical or sexual abuse or mental injury.
Sec. 9. Minnesota Statutes 1996, section 631.52,
subdivision 1, is amended to read:
Subdivision 1. [SUSPENSION OF VISITATION RIGHTS; TRANSFER
OF CUSTODY.] (a) If a person who has court-ordered custody of a
child or visitation rights is convicted of a crime listed in
subdivision 2 and if no action is pending regarding custody or
visitation, the sentencing court shall refer the matter to the
appropriate family court for action under this section. The
family court shall:
(1) grant temporary custody to the noncustodial parent,
unless it finds that another custody arrangement is in the best
interests of the child; or
(2) suspend visitation rights, unless it finds that
visitation with the convicted person is in the best interests of
the child.
The family court shall expedite proceedings under this
section. The defendant has the burden of proving that continued
custody or visitation with the defendant is in the best
interests of the child. If the victim of the crime was a family
or household member as defined in section 518B.01, subdivision
2, the standard of proof is clear and convincing evidence. A
guardian ad litem must be appointed in any case to which this
section applies.
(b) If a person who has child custody or visitation rights
was convicted of a crime listed in subdivision 2 before July 1,
1990, then any interested party may petition the sentencing
court for relief under paragraph (a) if:
(1) the defendant is currently incarcerated, on probation,
or under supervised release for the offense; or
(2) the victim of the crime was a family or household
member as defined in section 518B.01, subdivision 2.
Sec. 10. [COOPERATION FOR THE CHILDREN PROGRAM.]
Subdivision 1. [ESTABLISHMENT; PILOT PROJECT.] Within the
limits of funding provided, by January 1, 1998, the state court
administrator shall develop and implement a cooperation for the
children program as a 24-month pilot project in at least two
counties as an effort to promote parental relationships with
children. The state court administrator may allow additional
counties to participate in the pilot project if those counties
provide their own funding or if other funding becomes
available. The provisions of Minnesota Statutes, section
518.1751, subdivision 6, pertaining to mandatory visitation
dispute resolution programs, do not apply to counties
participating in the cooperation for the children program pilot
project.
Subd. 2. [PARTICIPATION.] (a) Except as provided in this
subdivision, in cases where visitation is the sole issue in
conflict, the person seeking relief in regard to a visitation
dispute must first seek assistance from the cooperation for the
children program before filing with the court or serving upon
the other party a motion requesting a court hearing.
(b) An individual who submits to the program proof that the
person has used, or in good faith has attempted to use, the
services of a visitation expeditor or mediator or other
alternative dispute resolution process to resolve the visitation
dispute may, upon request to the program, be exempted from
mandatory participation in the cooperation for the children
program and the person may seek assistance from the court by
filing a motion requesting a hearing.
(c) In cases where visitation is not the only issue in
conflict, the person seeking relief may either file with the
court a motion seeking resolution of all issues or may seek
resolution of the visitation issue with the cooperation for the
children program and resolution of the other issues with the
court. In cases where the person seeking relief chooses to
proceed in court, the court may determine whether the
nonvisitation issues are or are not valid. If the court
determines that the nonvisitation issues are not valid or that
the nonvisitation issues were raised for the purpose of avoiding
participation in the cooperation for the children program, the
court may order the parties to participate in the cooperation
for the children program or may resolve the dispute if both
parties are present.
Subd. 3. [FEE.] Except as provided in this subdivision, a
person who participates in the cooperation for the children
program shall pay a fee to defray the cost of the program. A
party who qualifies for waiver of filing fees under Minnesota
Statutes, section 563.01, is exempt from paying the program fee
and the court shall waive the fee or direct its payment under
Minnesota Statutes, section 563.01. Program providers shall
implement a sliding fee scale.
Subd. 4. [EVALUATION.] By December 15, 1999, the state
court administrator shall submit to the legislature a report
evaluating the cooperation for the children program pilot
project based on at least 12 months of data from the project.
Sec. 11. [FEDERAL FUNDS FOR VISITATION AND ACCESS.]
The commissioner of human services may accept on behalf of
the state any federal funding received under Public Law Number
104-193 for access and visitation programs, and shall transfer
these funds to the state court administrator for the cooperation
for the children pilot project and the parent education program
under Minnesota Statutes, section 518.571.
Sec. 12. [REPEALER.]
Minnesota Statutes 1996, section 256.996, is repealed.
Sec. 13. [EFFECTIVE DATE.]
Section 11 is effective the day following final enactment.
ARTICLE 3
TECHNICAL AND CONFORMING AMENDMENTS
Section 1. 1997 S.F. No. 1908, article 6, section 3,
subdivision 1, if enacted, is amended to read:
Subdivision 1. [DEFINITIONS.] The definitions in this
subdivision apply to this section.
(a) "Account" means a demand deposit account, checking or
negotiable withdraw order account, savings account, time deposit
account, or money market mutual fund.
(b) "Account information" means the type of account, the
account number, whether the account is singly or jointly owned,
and in the case of jointly owned accounts the name and address
of the nonobligor account owner if available.
(c) "Financial institution" means any of the following that
do business within the state:
(1) federal or state commercial banks and federal or state
savings banks, including savings and loan associations and
cooperative banks;
(2) federal and state chartered credit unions;
(3) benefit associations;
(4) life insurance companies;
(5) safe deposit companies; and
(6) money market mutual funds.
(d) "Obligor" means an individual who is in arrears in
court-ordered child support or maintenance payments, or both, in
an amount equal to or greater than three times the obligor's
total monthly support and maintenance payments, and is not in
compliance with a written payment agreement regarding both
current support and arrearages approved by the court, an
administrative law judge, or the public authority.
(e) "Public authority" means the public authority
responsible for child support enforcement.
Sec. 2. 1997 S.F. No. 1908, article 6, section 3,
subdivision 4, if enacted, is amended to read:
Subd. 4. [METHOD TO PROVIDE DATA.] To comply with the
requirements of this section, a financial institution may either:
(1) provide to the public authority a list containing only
the names and other necessary personal identifying information
of all account holders for the public authority to compare
against its list of child support obligors for the purpose of
identifying which obligors maintain an account at the financial
institution; the names of the obligors who maintain an account
at the institution shall then be transmitted to the financial
institution which shall provide the public authority with
account information on those obligors; or
(2) obtain a list of child support obligors from the public
authority and compare that data to the data maintained at the
financial institution to identify which of the identified
obligors maintains an account at the financial institution.
A financial institution shall elect either method in
writing upon written request of the public authority, and the
election remains in effect unless the public authority agrees in
writing to a change.
The commissioner shall keep track of the number of
financial institutions that elect to report under clauses (1)
and (2) respectively and shall report this information to the
legislature by December 1, 1999.
Sec. 3. 1997 S.F. No. 1908, article 6, section 3,
subdivision 6, if enacted, is amended to read:
Subd. 6. [ACCESS TO DATA.] (a) With regard to account
information on all account holders provided by a financial
institution under subdivision 4, clause (1), the commissioner of
human services shall retain the reported information only until
the account information is compared against the public
authority's obligor database. Notwithstanding section 138.17,
all account information that does not pertain to an obligor
listed in the public authority's database must be immediately
discarded, and no retention or publication may be made of that
data by the public authority. All account information that does
pertain to an obligor listed in the public authority's database
must be incorporated into the public authority's database.
Access to that data is governed by chapter 13. Notwithstanding
section 16D.06, data collected pursuant to this chapter is
available for the collection of child support debt only and is
not available for other debt collection activities undertaken by
the state under chapter 16D.
(b) With regard to data on obligors provided by the public
authority to a financial institution under subdivision 4, clause
(2), the financial institution shall retain the reported
information only until the financial institution's database is
compared against the public authority's database. Data that do
not pertain to an account holder at the financial institution
must be immediately discarded, and no retention or publication
may be made of that data by the financial institution.
Sec. 4. 1997 S.F. No. 1908, article 6, section 3,
subdivision 10, if enacted, is amended to read:
Subd. 10. [CIVIL ACTION FOR UNAUTHORIZED DISCLOSURE BY
FINANCIAL INSTITUTION.] (a) An account holder may bring a civil
action in district court against a financial institution for
unauthorized disclosure of data received from the public
authority under subdivision 4, clause (2). A financial
institution found to have violated this subdivision shall be
liable as provided in paragraph (b) or (c).
(b) Any financial institution that willfully and
maliciously discloses data received from the public authority
under subdivision 4 is liable to that account holder in an
amount equal to the sum of:
(1) any actual damages sustained by the consumer account
holder as a result of the disclosure; and
(2) in the case of any successful action to enforce any
liability under this section, the costs of the action taken plus
reasonable attorney's fees as determined by the court.
(c) Any financial institution that negligently discloses
data received from the public authority under subdivision 4 is
liable to that account holder in an amount equal to any actual
damages sustained by the account holder as a result of the
disclosure.
(d) A financial institution may not be held liable in any
action brought under this subdivision if the financial
institution shows, by a preponderance of evidence, that the
disclosure was not intentional and resulted from a bona fide
error notwithstanding the maintenance of procedures reasonably
adapted adopted to avoid any error.
Sec. 5. 1997 S.F. No. 1908, article 6, section 5,
subdivision 4, if enacted, is amended to read:
Subd. 4. [EFFECT OF ASSIGNMENT.] Assignments in this
section take effect upon a determination that the applicant is
eligible for public assistance. The amount of support assigned
under this subdivision may not exceed the total amount of public
assistance issued or the total support obligation, whichever is
less. Child care support collections made pursuant to an
assignment under subdivision 2, paragraph (c), must be
transferred, subject to any limitations of federal law, from the
commissioner of human services to the commissioner of children,
families, and learning and dedicated to the child care fund
under chapter 119B. These collections are in addition to state
and federal funds appropriated to the child care fund.
Sec. 6. Minnesota Statutes 1996, section 256.978,
subdivision 2, as amended by 1997 S.F. No. 1908, article 6,
section 12, if enacted, is amended to read:
Subd. 2. [ACCESS TO INFORMATION.] (a) A request for
information by the public authority responsible for child
support of this state or any other state may be made to:
(1) employers when there is reasonable cause to believe
that the subject of the inquiry is or was an employee or
independent contractor of the employer. Information to be
released by employers of employees is limited to place of
residence, employment status, wage or payment information,
benefit information, and social security number. Information to
be released by employers of independent contractors is limited
to place of residence or address, contract status, payment
information, benefit information, and social security number or
identification number;
(2) utility companies when there is reasonable cause to
believe that the subject of the inquiry is or was a retail
customer of the utility company. Customer information to be
released by utility companies is limited to place of residence,
home telephone, work telephone, source of income, employer and
place of employment, and social security number;
(3) insurance companies when there is reasonable cause to
believe that the subject of the inquiry is or was receiving
funds either in the form of a lump sum or periodic payments.
Information to be released by insurance companies is limited to
place of residence, home telephone, work telephone, employer,
social security number, and amounts and type of payments made to
the subject of the inquiry;
(4) labor organizations when there is reasonable cause to
believe that the subject of the inquiry is or was a member of
the labor association. Information to be released by labor
associations is limited to place of residence, home telephone,
work telephone, social security number, and current and past
employment information; and
(5) financial institutions when there is reasonable cause
to believe that the subject of the inquiry has or has had
accounts, stocks, loans, certificates of deposits, treasury
bills, life insurance policies, or other forms of financial
dealings with the institution. Information to be released by
the financial institution is limited to place of residence, home
telephone, work telephone, identifying information on the type
of financial relationships, social security number, current
value of financial relationships, and current indebtedness of
the subject with the financial institution.
(b) For purposes of this subdivision, utility companies
include telephone companies, radio common carriers, and
telecommunications carriers as defined in section 237.01, and
companies that provide electrical, telephone, natural gas,
propane gas, oil, coal, or cable television services to retail
customers. The term financial institution includes banks,
savings and loans, credit unions, brokerage firms, mortgage
companies, insurance companies, benefit associations, safe
deposit companies, money market mutual funds, or similar
entities authorized to do business in the state.
Sec. 7. Minnesota Statutes 1996, section 256.998,
subdivision 3, is amended to read:
Subd. 3. [DUTY TO REPORT.] Employers doing business in
this state shall report to the commissioner of human services
the hiring of any employee who resides or works in this state to
whom the employer anticipates paying earnings. Employers shall
submit reports required under this subdivision within 15 20
calendar days of the date of hiring of the employee.
Employers are not required to report the hiring of any
person who will be employed for less than two months' duration;
and will have gross earnings less than $250 per month.
Sec. 8. Minnesota Statutes 1996, section 257.75,
subdivision 4, is amended to read:
Subd. 4. [ACTION TO VACATE RECOGNITION.] An action to
vacate a recognition of paternity may be brought by the mother,
father, husband or former husband who executed a joinder, or the
child. An action to vacate a recognition of parentage may be
brought by the public authority. A mother, father, or husband
or former husband who executed a joinder must bring the action
within one year of the execution of the recognition or within
six months after the person bringing the action obtains the
results of blood or genetic tests that indicate that the man who
executed the recognition is not the father of the child. A
child must bring an action to vacate within six months after the
child obtains the result of blood or genetic tests that indicate
that the man who executed the recognition is not the father of
the child, or within one year of reaching the age of majority,
whichever is later. If the court finds a prima facie basis for
vacating the recognition, the court shall order the child,
mother, father, and husband or former husband who executed a
joinder to submit to blood tests. If the court issues an order
for the taking of blood tests, the court shall require the party
seeking to vacate the recognition to make advance payment for
the costs of the blood tests. If the party fails to pay for the
costs of the blood tests, the court shall dismiss the action to
vacate with prejudice. The court may also order the party
seeking to vacate the recognition to pay the other party's
reasonable attorney fees, costs, and disbursements. If the
results of the blood tests establish that the man who executed
the recognition is not the father, the court shall vacate the
recognition. If a recognition is vacated, any joinder in the
recognition under subdivision 1a is also vacated. The court
shall terminate the obligation of a party to pay ongoing child
support based on the recognition. A modification of child
support based on a recognition may be made retroactive with
respect to any period during which the moving party has pending
a motion to vacate the recognition but only from the date of
service of notice of the motion on the responding party.
Sec. 9. Minnesota Statutes 1996, section 518.54,
subdivision 6, as amended by 1997 S.F. No. 1908, article 6,
section 41, if enacted, is amended to read:
Subd. 6. [INCOME.] (a) "Income" means any form of periodic
payment to an individual including, but not limited to, wages,
salaries, payments to an independent contractor, workers'
compensation, reemployment insurance, annuity, military and
naval retirement, pension and disability payments. Benefits
received under Title IV-A of the Social Security Act are not
income under this section.
(b) Income also includes nonperiodic distributions of
workers' compensation claims, reemployment claims, personal
injury recoveries for lost wages or salary, proceeds from a
lawsuit for lost wages or salary, severance pay, and bonuses.
Sec. 10. Minnesota Statutes 1996, section 518.551,
subdivision 12, as amended by 1997 S.F. No. 1908, article 6,
section 42, if enacted, is amended to read:
Subd. 12. [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon
motion of an obligee, if the court finds that the obligor is or
may be licensed by a licensing board listed in section 214.01 or
other state, county, or municipal agency or board that issues an
occupational license and the obligor is in arrears in
court-ordered child support or maintenance payments or both in
an amount equal to or greater than three times the obligor's
total monthly support and maintenance payments and is not in
compliance with a written payment agreement regarding both
current support and arrearages approved by the court, an
administrative law judge, or the public authority, the
administrative law judge, or the court shall direct the
licensing board or other licensing agency to suspend the license
under section 214.101. The court's order must be stayed for 90
days in order to allow the obligor to execute a written payment
agreement regarding both current support and arrearages. The
payment agreement must be approved by either the court or the
public authority responsible for child support enforcement. If
the obligor has not executed or is not in compliance with a
written payment agreement regarding both current support and
arrearages after the 90 days expires, the court's order becomes
effective. If the obligor is a licensed attorney, the court
shall report the matter to the lawyers professional
responsibility board for appropriate action in accordance with
the rules of professional conduct. The remedy under this
subdivision is in addition to any other enforcement remedy
available to the court.
(b) If a public authority responsible for child support
enforcement finds that the obligor is or may be licensed by a
licensing board listed in section 214.01 or other state, county,
or municipal agency or board that issues an occupational license
and the obligor is in arrears in court-ordered child support or
maintenance payments or both in an amount equal to or greater
than three times the obligor's total monthly support and
maintenance payments and is not in compliance with a written
payment agreement regarding both current support and arrearages
approved by the court, an administrative law judge, or the
public authority, the court, an administrative law judge, or the
public authority shall direct the licensing board or other
licensing agency to suspend the license under section 214.101.
If the obligor is a licensed attorney, the public authority may
report the matter to the lawyers professional responsibility
board for appropriate action in accordance with the rules of
professional conduct. The remedy under this subdivision is in
addition to any other enforcement remedy available to the public
authority.
(c) At least 90 days before notifying a licensing authority
or the lawyers professional responsibility board under paragraph
(b), the public authority shall mail a written notice to the
license holder addressed to the license holder's last known
address that the public authority intends to seek license
suspension under this subdivision and that the license holder
must request a hearing within 30 days in order to contest the
suspension. If the license holder makes a written request for a
hearing within 30 days of the date of the notice, either a court
hearing or a contested administrative proceeding must be held
under section 518.5511, subdivision 4. Notwithstanding any law
to the contrary, the license holder must be served with 14 days'
notice in writing specifying the time and place of the hearing
and the allegations against the license holder. The notice may
be served personally or by mail. If the public authority does
not receive a request for a hearing within 30 days of the date
of the notice, and the obligor does not execute a written
payment agreement regarding both current support and arrearages
approved by the public authority within 90 days of the date of
the notice, the public authority shall direct the licensing
board or other licensing agency to suspend the obligor's license
under paragraph (b), or shall report the matter to the lawyers
professional responsibility board.
(d) The administrative law judge, on behalf of the public
authority, or the court shall notify the lawyers professional
responsibility board for appropriate action in accordance with
the rules of professional responsibility conduct or order the
licensing board or licensing agency to suspend the license if
the judge finds that:
(1) the person is licensed by a licensing board or other
state agency that issues an occupational license;
(2) the person has not made full payment of arrearages
found to be due by the public authority; and
(3) the person has not executed or is not in compliance
with a payment plan approved by the court, an administrative law
judge, or the public authority.
(e) Within 15 days of the date on which the obligor either
makes full payment of arrearages found to be due by the court or
public authority or executes and initiates good faith compliance
with a written payment plan approved by the court, an
administrative law judge, or the public authority, the court, an
administrative law judge, or the public authority responsible
for child support enforcement shall notify the licensing board
or licensing agency or the lawyers professional responsibility
board that the obligor is no longer ineligible for license
issuance, reinstatement, or renewal under this subdivision.
(f) In addition to the criteria established under this
section for the suspension of an obligor's occupational license,
a court, an administrative law judge, or the public authority
may direct the licensing board or other licensing agency to
suspend the license of a party who has failed, after receiving
notice, to comply with a subpoena relating to a paternity or
child support proceeding. Notice to an obligor of intent to
suspend must be served by first class mail at the obligor's last
known address. The notice must inform the obligor of the right
to request a hearing. If the obligor makes a written request
within ten days of the date of the hearing, a contested
administrative proceeding must be held under section 518.5511,
subdivision 4. At the hearing, the only issues to be considered
are mistake of fact and whether the obligor received the
subpoena.
(g) The license of an obligor who fails to remain in
compliance with an approved payment agreement may be suspended.
Notice to the obligor of an intent to suspend under this
paragraph must be served by first class mail at the obligor's
last known address and must include a notice of hearing. The
notice must be served upon the obligor not less than ten days
before the date of the hearing. If the obligor appears at the
hearing and the judge determines that the obligor has failed to
comply with an approved payment agreement, the judge shall
notify the occupational licensing board or agency to suspend the
obligor's license under paragraph (c). If the obligor fails to
appear at the hearing, the public authority may notify the
occupational or licensing board to suspend the obligor's license
under paragraph (c).
Sec. 11. Minnesota Statutes 1996, section 518.5512,
subdivision 2, as amended by 1997 S.F. No. 1908, article 6,
section 44, is amended to read:
Subd. 2. [PATERNITY.] (a) After service of the notice and
proposed order, a nonattorney employee of the public authority
may order the child, mother, or alleged father to submit to
blood or genetic tests. In a case with multiple alleged
fathers, a nonattorney employee of the public authority may
order the child, mother, and alleged fathers to submit to blood
or genetic tests after service of the notice of the parentage
proceeding. The order for genetic tests must be served by
personal service. The order of the public authority shall be
effective unless, within 20 days of the date of the order, the
child, mother, or an alleged father requests a contested
administrative proceeding under section 518.5511, subdivision
3a. If a contested administrative proceeding is requested and
held, any order issued by an administrative law judge supersedes
the order issued by the public authority. In all other cases,
the order of the public authority is controlling. Failure to
comply with the order for blood or genetic tests may result in a
default determination of parentage.
(b) If parentage is contested at the administrative
hearing, the administrative law judge may order temporary child
support under section 257.62, subdivision 5, and shall refer the
case to the district court.
(c) The district court may appoint counsel for an indigent
alleged father only after the return of the blood or genetic
test results from the testing laboratory.
Sec. 12. Minnesota Statutes 1996, section 518C.305, is
amended to read:
518C.305 [DUTIES AND POWERS OF RESPONDING TRIBUNAL.]
(a) When a responding tribunal of this state receives a
petition or comparable pleading from an initiating tribunal or
directly pursuant to section 518C.301, paragraph (c), it shall
cause the petition or pleading to be filed and notify the
petitioner by first class mail where and when it was filed.
(b) A responding tribunal of this state, to the extent
otherwise authorized by law, may do one or more of the following:
(1) issue or enforce a support order, modify a child
support order, or render a judgment to determine parentage;
(2) order an obligor to comply with a support order,
specifying the amount and the manner of compliance;
(3) order income withholding;
(4) determine the amount of any arrearages, and specify a
method of payment;
(5) enforce orders by civil or criminal contempt, or both;
(6) set aside property for satisfaction of the support
order;
(7) place liens and order execution on the obligor's
property;
(8) order an obligor to keep the tribunal informed of the
obligor's current residential address, telephone number,
employer, address of employment, and telephone number at the
place of employment;
(9) issue a bench warrant for an obligor who has failed
after proper notice to appear at a hearing ordered by the
tribunal and enter the bench warrant in any local and state
computer systems for criminal warrants;
(10) order the obligor to seek appropriate employment by
specified methods;
(11) award reasonable attorney's fees and other fees and
costs; and
(12) grant any other available remedy.
(c) A responding tribunal of this state shall include in a
support order issued under this chapter, or in the documents
accompanying the order, the calculations on which the support
order is based.
(d) A responding tribunal of this state may not condition
the payment of a support order issued under this chapter upon
compliance by a party with provisions for visitation.
(e) If a responding tribunal of this state issues an order
under this chapter, the tribunal shall send a copy of the order
by first class mail to the petitioner and the respondent and to
the initiating tribunal, if any.
Sec. 13. Minnesota Statutes 1996, section 518C.306, is
amended to read:
518C.306 [INAPPROPRIATE TRIBUNAL.]
If a petition or comparable pleading is received by an
inappropriate tribunal of this state, it shall forward the
pleading and accompanying documents to an appropriate tribunal
in this state or another state and notify the petitioner by
first class mail where and when the pleading was sent.
Sec. 14. Minnesota Statutes 1996, section 518C.307, is
amended to read:
518C.307 [DUTIES OF SUPPORT ENFORCEMENT AGENCY.]
(a) A support enforcement agency of this state, upon
request, shall provide services to a petitioner in a proceeding
under this chapter.
(b) A support enforcement agency that is providing services
to the petitioner as appropriate shall:
(1) take all steps necessary to enable an appropriate
tribunal in this state or another state to obtain jurisdiction
over the respondent;
(2) request an appropriate tribunal to set a date, time,
and place for a hearing;
(3) make a reasonable effort to obtain all relevant
information, including information as to income and property of
the parties;
(4) within two days, exclusive of Saturdays, Sundays, and
legal holidays, after receipt of a written notice from an
initiating, responding, or registering tribunal, send a copy of
the notice by first class mail to the petitioner;
(5) within two days, exclusive of Saturdays, Sundays, and
legal holidays, after receipt of a written communication from
the respondent or the respondent's attorney, send a copy of the
communication by first class mail to the petitioner; and
(6) notify the petitioner if jurisdiction over the
respondent cannot be obtained.
(c) This chapter does not create or negate a relationship
of attorney and client or other fiduciary relationship between a
support enforcement agency or the attorney for the agency and
the individual being assisted by the agency.
Sec. 15. Minnesota Statutes 1996, section 518C.605, is
amended to read:
518C.605 [NOTICE OF REGISTRATION OF ORDER.]
(a) When a support order or income-withholding order issued
in another state is registered, the registering tribunal shall
notify the nonregistering party. Notice must be given by
certified or registered mail or by any means of personal service
authorized by the law of this state. The notice must be
accompanied by a copy of the registered order and the documents
and relevant information accompanying the order.
(b) The notice must inform the nonregistering party:
(1) that a registered order is enforceable as of the date
of registration in the same manner as an order issued by a
tribunal of this state;
(2) that a hearing to contest the validity or enforcement
of the registered order must be requested within 20 days after
the date of mailing or personal service of the notice;
(3) that failure to contest the validity or enforcement of
the registered order in a timely manner will result in
confirmation of the order and enforcement of the order and the
alleged arrearages and precludes further contest of that order
with respect to any matter that could have been asserted; and
(4) of the amount of any alleged arrearages.
(c) Upon registration of an income-withholding order for
enforcement, the registering tribunal shall notify the obligor's
employer pursuant to section 518.611 or 518.613.
Sec. 16. Minnesota Statutes 1996, section 518C.606, is
amended to read:
518C.606 [PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF
REGISTERED ORDER.]
(a) A nonregistering party seeking to contest the validity
or enforcement of a registered order in this state shall request
a hearing within 20 days after the date of mailing or personal
service of notice of the registration. The nonregistering party
may seek to vacate the registration, to assert any defense to an
allegation of noncompliance with the registered order, or to
contest the remedies being sought or the amount of any alleged
arrearages pursuant to section 518C.607.
(b) If the nonregistering party fails to contest the
validity or enforcement of the registered order in a timely
manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest
the validity or enforcement of the registered order, the
registering tribunal shall schedule the matter for hearing and
give notice to the parties by first class mail of the date,
time, and place of the hearing.
Sec. 17. Minnesota Statutes 1996, section 548.091,
subdivision 9, as added by 1997 S.F. No. 1908, article 6,
section 79, if enacted, is amended to read:
Subd. 9. [PAYOFF STATEMENT.] The public authority shall
issue to the obligor, attorneys, lenders, and closers, or their
agents, a payoff statement setting forth conclusively the amount
necessary to satisfy the lien. Payoff statements must be issued
within three business days after receipt of a request by mail,
personal delivery, telefacsimile, or e-mail electronic mail
transmission, and must be delivered to the requester by
telefacsimile or e-mail electronic mail transmission if
requested and if appropriate technology is available to the
public authority.
Sec. 18. [EFFECTIVE DATES.]
1997 S.F. No. 1908, article 6, sections 44 to 46, if
enacted, are effective August 1, 1997. An amendment in this
article to 1997 S.F. No. 1908 takes effect at the same time that
the section of law that it amends takes effect.
ARTICLE 4
TECHNICAL WELFARE REFORM AMENDMENTS
Section 1. Laws 1997, chapter 85, article 1, section 16,
subdivision 1, as amended by 1997 S.F. No. 1908, article 12,
section 10, if enacted, is amended to read:
Subdivision 1. [PERSON CONVICTED OF DRUG OFFENSES.] (a)
Applicants or recipients who have been convicted of a drug
offense after July 1, 1997, may, if otherwise eligible, receive
AFDC or MFIP-S benefits subject to the following conditions:
(1) benefits for the entire assistance unit must be paid in
vendor form for shelter and utilities during any time the
applicant is part of the assistance unit;
(2) the convicted applicant or recipient shall be subject
to random drug testing as a condition of continued eligibility
and is subject to sanctions under section 256J.46 following any
positive test for an illegal controlled substance, except that
the grant must continue to be vendor paid under clause (1). For
purposes of this subdivision, section 256J.46 is effective July
1, 1997.
This subdivision also applies to persons who receive food
stamps under section 115 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996.
(b) For the purposes of this subdivision, "drug offense"
means a conviction that occurred after July 1, 1997, of sections
152.021 to 152.025, 152.0261, or 152.096. Drug offense also
means a conviction in another jurisdiction of the possession,
use, or distribution of a controlled substance, or conspiracy to
commit any of these offenses, if the offense occurred after July
1, 1997, and the conviction is a felony offense in that
jurisdiction, or in the case of New Jersey, a high misdemeanor.
Sec. 2. Laws 1997, chapter 85, article 1, section 36,
subdivision 2, is amended to read:
Subd. 2. [SANCTIONS FOR REFUSAL TO COOPERATE WITH SUPPORT
REQUIREMENTS.] The grant of an MFIP-S caregiver who refuses to
cooperate, as determined by the child support enforcement
agency, with support requirements under section 256.741, if
enacted, shall be subject to sanction as specified in this
subdivision. The assistance unit's grant must be reduced by 25
percent of the applicable transitional standard. The residual
amount of the grant, if any, must be paid to the caregiver. A
sanction under this subdivision becomes effective ten days after
the required notice is given. The sanction must be in effect
for a minimum of one month, and shall be removed only when the
caregiver cooperates with the support requirements. Each month
that an MFIP-S caregiver fails to comply with the requirements
of section 256.741 must be considered a separate occurrence of
noncompliance. An MFIP-S caregiver who has had one or more
sanctions imposed must remain in compliance with the
requirements of section 256.741 for six months in order for a
subsequent sanction to be considered a first occurrence.
Sec. 3. Laws 1997, chapter 85, article 1, section 43,
subdivision 4, is amended to read:
Subd. 4. [SECONDARY ASSESSMENT.] (a) The job counselor
must conduct a secondary assessment for those participants who:
(1) in the judgment of the job counselor, have barriers to
obtaining employment that will not be overcome with a job search
support plan under subdivision 3;
(2) have completed eight weeks of job search under
subdivision 3 without obtaining suitable employment; or
(3) have not received a secondary assessment, are working
at least 20 hours per week, and the participant, job counselor,
or county agency requests a secondary assessment.
(b) In the secondary assessment the job counselor must
evaluate the participant's skills and prior work experience,
family circumstances, interests and abilities, need for
preemployment activities, supportive, or educational services,
and the extent of any barriers to employment. The job counselor
must use the information gathered through the secondary
assessment to develop an employment plan under subdivision 5.
(c) The provider shall make available to participants
information regarding additional vendors or resources which
provide employment and training services that may be available
to the participant under a plan developed under this section.
The information must include a brief summary of services
provided and related performance indicators. Performance
indicators must include, but are not limited to, the average
time to complete program offerings, placement rates, entry and
average wages, and retention rates. To be included in the
information given to participants, a vendor or resource must
provide counties with relevant information in the format
required by the county.
Sec. 4. Laws 1997, chapter 85, article 1, section 43,
subdivision 5, is amended to read:
Subd. 5. [EMPLOYMENT PLAN; CONTENTS.] Based on the
secondary assessment under subdivision 4, the job counselor and
the participant must develop an employment plan for the
participant that includes specific activities that are tied to
an employment goal and a plan for long-term self-sufficiency,
and that is designed to move the participant along the most
direct path to unsubsidized employment. The employment plan
must list the specific steps that will be taken to obtain
employment and a timetable for completion of each of the steps.
As part of the development of the participant's employment plan,
the participant shall have the option of selecting from among
the vendors or resources that the job counselor determines will
be effective in supplying one or more of the services necessary
to meet the employment goals specified in the participant's plan.
In compiling the list of vendors and resources that the job
counselor determines would be effective in meeting the
participant's employment goals, the job counselor must determine
that adequate financial resources are available for the vendors
or resources ultimately selected by the participant. The job
counselor and the participant must sign the developed plan to
indicate agreement between the job counselor and the participant
on the contents of the plan.
Sec. 5. Laws 1997, chapter 85, article 1, section 66,
subdivision 2, is amended to read:
Subd. 2. [REPORT TO THE LEGISLATURE.] The plan referred to
in subdivision 1 and any resulting proposal for legislation must
be presented to the legislature by December 15, 1997 February
15, 1998.
Sec. 6. Laws 1997, chapter 85, article 3, is amended by
adding a section to read:
Sec. 58. Minnesota Statutes 1996, section 268.0122,
subdivision 5, is amended to read:
Subd. 5. [RULEMAKING.] (a) The commissioner may make
emergency and permanent rules to carry out this chapter.
(b) Effective July 1, 1997, the commissioner may make rules
to carry out section 256J.51.
Sec. 7. [EFFECTIVE DATE.]
An amendment in this article takes effect at the same time
that the section of law that it amends takes effect.
Presented to the governor May 30, 1997
Signed by the governor June 3, 1997, 2:54 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes