Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 382-S.F.No. 2276
An act relating to children; modifying certain
parentage and child support enforcement provisions;
changing terminology; amending Minnesota Statutes
1996, sections 257.64, subdivision 3; 518.54,
subdivision 8, and by adding a subdivision; 518.55, by
adding a subdivision; 518.551, subdivisions 1, 5, 9,
and by adding a subdivision; 518.615, subdivision 2;
550.136, subdivision 2; and 571.921; Minnesota
Statutes 1997 Supplement, sections 13.99, subdivision
76b; 256.741, subdivision 1; 257.352, subdivision 3a;
259.49, subdivision 1; 259.52, subdivisions 1, 2, 4,
6, 8, 9, 10, 11, 12, 14, and by adding a subdivision;
260.221, subdivisions 1 and 1a; 357.021, subdivision
2; 518.54, subdivision 6; 518.551, subdivision 5b;
518.5511, subdivision 2; 518.5512, subdivision 6;
518.6111, subdivisions 8, 9, and 14; 518.615,
subdivision 1; 518.6195; 518.64, subdivision 2;
552.04, subdivision 4; Laws 1995, chapter 257, article
1, section 34; Laws 1997, chapter 203, article 6,
section 90; proposing coding for new law in Minnesota
Statutes, chapter 518.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHILD SUPPORT
Section 1. Minnesota Statutes 1997 Supplement, section
256.741, subdivision 1, is amended to read:
Subdivision 1. [PUBLIC ASSISTANCE.] (a) The term "public
assistance" as used in this chapter and chapters 257, 518, and
518C, includes any form of assistance provided under AFDC, MFIP,
and MFIP-R under chapter 256, MFIP-S under chapter 256J, and
work first under chapter 256K; child care assistance provided
through the child care fund according to chapter 119B; any form
of medical assistance under chapter 256B; MinnesotaCare under
chapter 256 256L; and foster care as provided under title IV-E
of the Social Security Act.
(b) The term "child support agency" as used in this section
refers to the public authority responsible for child support
enforcement.
(c) The term "public assistance agency" as used in this
section refers to a public authority providing public assistance
to an individual.
Sec. 2. Minnesota Statutes 1996, section 257.64,
subdivision 3, is amended to read:
Subd. 3. If a party refuses to accept a recommendation
made under subdivision 1 and blood or genetic tests have not
been taken, the court shall require the parties to submit to
blood or genetic tests. Any objection to blood or genetic
testing results must be made in writing no later than 15 days
before any hearing at which time the results may be introduced
into evidence. Test results served upon a party must include a
notice of this right to object. Thereafter the court shall make
an appropriate final recommendation. If a party refuses to
accept the final recommendation the action shall be set for
trial.
Sec. 3. Minnesota Statutes 1997 Supplement, section
518.54, subdivision 6, is amended to read:
Subd. 6. [INCOME.] "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 and chapter
256J are not income under this section.
Sec. 4. Minnesota Statutes 1996, section 518.54,
subdivision 8, is amended to read:
Subd. 8. [OBLIGOR.] "Obligor" means a person obligated to
pay maintenance or support. A person who is designated as the
sole physical custodian of a child is presumed not to be an
obligor for purposes of calculating current support under
section 518.551 unless the court makes specific written findings
to overcome this presumption.
Sec. 5. Minnesota Statutes 1996, section 518.54, is
amended by adding a subdivision to read:
Subd. 13. [ARREARS.] Arrears are amounts that accrue
pursuant to an obligor's failure to comply with a support
order. Past support and pregnancy and confinement expenses
contained in a support order are arrears if the court order does
not contain repayment terms. Arrears also arise by the
obligor's failure to comply with the terms of a court order for
repayment of past support or pregnancy and confinement
expenses. An obligor's failure to comply with the terms for
repayment of amounts owed for past support or pregnancy and
confinement turns the entire amount owed into arrears.
Sec. 6. Minnesota Statutes 1996, section 518.55, is
amended by adding a subdivision to read:
Subd. 4. [DETERMINATION OF CONTROLLING ORDER.] The public
authority or a party may request the district court to determine
a controlling order in situations in which more than one order
involving the same obligor and child exists.
Sec. 7. Minnesota Statutes 1996, section 518.551,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE; PAYMENT TO PUBLIC AGENCY.] (a) This
section applies to all proceedings involving an award of child a
support order, including, but not limited to, a support order
establishing an order for past support or reimbursement of
public assistance.
(b) The court shall direct that all payments ordered for
maintenance and support be made to the public agency responsible
for child support enforcement so long as the obligee is
receiving or has applied for public assistance, or has applied
for child support and maintenance collection services. Public
authorities responsible for child support enforcement may act on
behalf of other public authorities responsible for child support
enforcement. This includes the authority to represent the legal
interests of or execute documents on behalf of the other public
authority in connection with the establishment, enforcement, and
collection of child support, maintenance, or medical support,
and collection on judgments. Amounts received by the public
agency responsible for child support enforcement greater than
the amount granted to the obligee shall be remitted to the
obligee.
Sec. 8. Minnesota Statutes 1996, section 518.551,
subdivision 5, is amended to read:
Subd. 5. [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The
petitioner shall notify the public authority of all proceedings
for dissolution, legal separation, determination of parentage or
for the custody of a child, if either party is receiving aid to
families with dependent children public assistance or applies
for it subsequent to the commencement of the proceeding. The
notice must contain the full names of the parties to the
proceeding, their social security account numbers, and their
birth dates. After receipt of the notice, the court shall set
child support as provided in this subdivision. The court may
order either or both parents owing a duty of support to a child
of the marriage to pay an amount reasonable or necessary for the
child's support, without regard to marital misconduct. The
court shall approve a child support stipulation of the parties
if each party is represented by independent counsel, unless the
stipulation does not meet the conditions of paragraph (i). In
other cases the court shall determine and order child support in
a specific dollar amount in accordance with the guidelines and
the other factors set forth in paragraph (c) and any departure
therefrom. The court may also order the obligor to pay child
support in the form of a percentage share of the obligor's net
bonuses, commissions, or other forms of compensation, in
addition to, or if the obligor receives no base pay, in lieu of,
an order for a specific dollar amount.
(b) The court shall derive a specific dollar amount for
child support by multiplying the obligor's net income by the
percentage indicated by the following guidelines:
Net Income Per Number of Children
Month of Obligor
1 2 3 4 5 6 7 or
more
$550 and Below Order based on the ability of the
obligor to provide support
at these income levels, or at higher
levels, if the obligor has
the earning ability.
$551 - 600 16% 19% 22% 25% 28% 30% 32%
$601 - 650 17% 21% 24% 27% 29% 32% 34%
$651 - 700 18% 22% 25% 28% 31% 34% 36%
$701 - 750 19% 23% 27% 30% 33% 36% 38%
$751 - 800 20% 24% 28% 31% 35% 38% 40%
$801 - 850 21% 25% 29% 33% 36% 40% 42%
$851 - 900 22% 27% 31% 34% 38% 41% 44%
$901 - 950 23% 28% 32% 36% 40% 43% 46%
$951 - 1000 24% 29% 34% 38% 41% 45% 48%
$1001- 5000 25% 30% 35% 39% 43% 47% 50%
or the amount
in effect under
paragraph (k)
Guidelines for support for an obligor with a monthly income
in excess of the income limit currently in effect under
paragraph (k) shall be the same dollar amounts as provided for
in the guidelines for an obligor with a monthly income equal to
the limit in effect.
Net Income defined as:
Total monthly
income less *(i) Federal Income Tax
*(ii) State Income Tax
(iii) Social Security
Deductions
(iv) Reasonable
Pension Deductions
*Standard
Deductions apply- (v) Union Dues
use of tax tables (vi) Cost of Dependent Health
recommended Insurance Coverage
(vii) Cost of Individual or Group
Health/Hospitalization
Coverage or an
Amount for Actual
Medical Expenses
(viii) A Child Support or
Maintenance Order that is
Currently Being Paid.
"Net income" does not include:
(1) the income of the obligor's spouse, but does include
in-kind payments received by the obligor in the course of
employment, self-employment, or operation of a business if the
payments reduce the obligor's living expenses; or
(2) compensation received by a party for employment in
excess of a 40-hour work week, provided that:
(i) support is nonetheless ordered in an amount at least
equal to the guidelines amount based on income not excluded
under this clause; and
(ii) the party demonstrates, and the court finds, that:
(A) the excess employment began after the filing of the
petition for dissolution;
(B) the excess employment reflects an increase in the work
schedule or hours worked over that of the two years immediately
preceding the filing of the petition;
(C) the excess employment is voluntary and not a condition
of employment;
(D) the excess employment is in the nature of additional,
part-time or overtime employment compensable by the hour or
fraction of an hour; and
(E) the party's compensation structure has not been changed
for the purpose of affecting a support or maintenance obligation.
The court shall review the work-related and
education-related child care costs paid and shall allocate the
costs to each parent in proportion to each parent's net income,
as determined under this subdivision, after the transfer of
child support and spousal maintenance, unless the allocation
would be substantially unfair to either parent. There is a
presumption of substantial unfairness if after the sum total of
child support, spousal maintenance, and child care costs is
subtracted from the noncustodial parent's income, the income is
at or below 100 percent of the federal poverty guidelines. The
cost of child care for purposes of this paragraph is 75 percent
of the actual cost paid for child care, to reflect the
approximate value of state and federal tax credits available to
the custodial parent. The actual cost paid for child care is
the total amount received by the child care provider for the
child or children of the obligor from the obligee or any public
agency. The court shall require verification of employment or
school attendance and documentation of child care expenses from
the obligee and the public agency, if applicable. If child care
expenses fluctuate during the year because of seasonal
employment or school attendance of the obligee or extended
periods of visitation with the obligor, the court shall
determine child care expenses based on an average monthly cost.
The amount allocated for child care expenses is considered child
support but is not subject to a cost-of-living adjustment under
section 518.641. The amount allocated for child care expenses
terminates when either party notifies the public authority that
the child care costs have ended and without any legal action on
the part of either party. The public authority shall verify the
information received under this provision before authorizing
termination. The termination is effective as of the date of the
notification. In other cases where there is a substantial
increase or decrease in child care expenses, the parties may
modify the order under section 518.64.
The court may allow the noncustodial parent to care for the
child while the custodial parent is working, as provided in
section 518.175, subdivision 8. Allowing the noncustodial
parent to care for the child under section 518.175, subdivision
8, is not a reason to deviate from the guidelines.
(c) In addition to the child support guidelines, the court
shall take into consideration the following factors in setting
or modifying child support or in determining whether to deviate
from the guidelines:
(1) all earnings, income, and resources of the parents,
including real and personal property, but excluding income from
excess employment of the obligor or obligee that meets the
criteria of paragraph (b), clause (2)(ii);
(2) the financial needs and resources, physical and
emotional condition, and educational needs of the child or
children to be supported;
(3) the standard of living the child would have enjoyed had
the marriage not been dissolved, but recognizing that the
parents now have separate households;
(4) which parent receives the income taxation dependency
exemption and what financial benefit the parent receives from
it;
(5) the parents' debts as provided in paragraph (d); and
(6) the obligor's receipt of public assistance under
sections 256.72 to 256.87 or 256B.01 to 256B.40.
(d) In establishing or modifying a support obligation, the
court may consider debts owed to private creditors, but only if:
(1) the right to support has not been assigned under
section 256.74;
(2) the court determines that the debt was reasonably
incurred for necessary support of the child or parent or for the
necessary generation of income. If the debt was incurred for
the necessary generation of income, the court shall consider
only the amount of debt that is essential to the continuing
generation of income; and
(3) the party requesting a departure produces a sworn
schedule of the debts, with supporting documentation, showing
goods or services purchased, the recipient of them, the amount
of the original debt, the outstanding balance, the monthly
payment, and the number of months until the debt will be fully
paid.
(e) Any schedule prepared under paragraph (d), clause (3),
shall contain a statement that the debt will be fully paid after
the number of months shown in the schedule, barring emergencies
beyond the party's control.
(f) Any further departure below the guidelines that is
based on a consideration of debts owed to private creditors
shall not exceed 18 months in duration, after which the support
shall increase automatically to the level ordered by the court.
Nothing in this section shall be construed to prohibit one or
more step increases in support to reflect debt retirement during
the 18-month period.
(g) If payment of debt is ordered pursuant to this section,
the payment shall be ordered to be in the nature of child
support.
(h) Nothing shall preclude the court from receiving
evidence on the above factors to determine if the guidelines
should be exceeded or modified in a particular case.
(i) The guidelines in this subdivision are a rebuttable
presumption and shall be used in all cases when establishing or
modifying child support. If the court does not deviate from the
guidelines, the court shall make written findings concerning the
amount of the obligor's income used as the basis for the
guidelines calculation and any other significant evidentiary
factors affecting the determination of child support. If the
court deviates from the guidelines, the court shall make written
findings giving the amount of support calculated under the
guidelines, the reasons for the deviation, and shall
specifically address the criteria in paragraph (c) and how the
deviation serves the best interest of the child. The court may
deviate from the guidelines if both parties agree and the court
makes written findings that it is in the best interests of the
child, except that in cases where child support payments are
assigned to the public agency under section 256.74, the court
may deviate downward only as provided in paragraph (j). Nothing
in this paragraph prohibits the court from deviating in other
cases. The provisions of this paragraph apply whether or not
the parties are each represented by independent counsel and have
entered into a written agreement. The court shall review
stipulations presented to it for conformity to the guidelines
and the court is not required to conduct a hearing, but the
parties shall provide the documentation of earnings required
under subdivision 5b.
(j) If the child support payments are assigned to the
public agency under section 256.74, the court may not deviate
downward from the child support guidelines unless the court
specifically finds that the failure to deviate downward would
impose an extreme hardship on the obligor.
(k) The dollar amount of the income limit for application
of the guidelines must be adjusted on July 1 of every
even-numbered year to reflect cost-of-living changes. The
supreme court shall select the index for the adjustment from the
indices listed in section 518.641. The state court
administrator shall make the changes in the dollar amount
required by this paragraph available to courts and the public on
or before April 30 of the year in which the amount is to change.
(l) In establishing or modifying child support, if a child
receives a child's insurance benefit under United State's Code,
title 42, section 402, because the obligor is entitled to old
age or disability insurance benefits, the amount of support
ordered shall be offset by the amount of the child's benefit.
The court shall make findings regarding the obligor's income
from all sources, the child support amount calculated under this
section, the amount of the child's benefit, and the obligor's
child support obligation. Any benefit received by the child in
a given month in excess of the child support obligation shall
not be treated as an arrearage payment or a future payment.
Sec. 9. Minnesota Statutes 1997 Supplement, 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 268.044.
(d) If the court finds that a parent is voluntarily
unemployed or underemployed or was voluntarily unemployed or
underemployed during the period for which past support is being
sought, 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.
(e) If the court is unable to determine or estimate the
earning ability of a parent If there is insufficient information
to determine actual income or to impute income pursuant to
paragraph (d), 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 section 256.741, or is
physically or mentally incapacitated, it shall be presumed that
the parent is not voluntarily unemployed or underemployed.
(e) (f) 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. 10. Minnesota Statutes 1996, section 518.551, is
amended by adding a subdivision to read:
Subd. 5f. [SUBSEQUENT CHILDREN.] The needs of subsequent
children shall not be factored into a support guidelines
calculation under subdivision 5. The fact that an obligor had
additional children after the entry of a child support order is
not grounds for a modification to decrease the amount of support
owed. However, the fact that an obligor has subsequent children
shall be considered in response to a request by an obligee for a
modification to increase child support. In order to deviate
from the support guidelines in subdivision 5 to consider the
needs of subsequent children, the trial court must:
(1) find the obligor's total ability to contribute to
dependent children, taking into account the obligor's income and
reasonable expenses exclusive of child care. The obligor's
expenses must be:
(i) reduced as appropriate to take into account
contributions to those costs by other adults who share the
obligor's current household; and
(ii) apportioned between the parent and any subsequent
child with regard to shared benefits, including but not limited
to, housing and transportation;
(2) find the total needs of all the obligor's children, and
if these needs are less than the obligor's ability to pay, the
needs may become the obligor's child support obligation. When
considering the needs of subsequent children, the trial court
must reduce those amounts as appropriate to take into account
the ability to contribute to those needs by another parent of
the children;
(3) make specific findings on the needs of the child or
children who are the subject of the support order under
consideration; and
(4) exercise discretion to fairly determine the current
support obligation and the contribution left available for other
children, considering that the support obligation being
determined should be in an amount at least equal to the
contribution for a subsequent child.
Sec. 11. Minnesota Statutes 1996, section 518.551,
subdivision 9, is amended to read:
Subd. 9. [ASSIGNMENT OF RIGHTS; JUDGMENT.] The public
agency responsible for child support enforcement is joined as a
party in each case in which rights are assigned under section
256.74 256.741, subdivision 5 2. The court administrator shall
enter and docket a judgment obtained by operation of law under
section 548.091, subdivision 1, in the name of the public agency
to the extent that the obligation has been assigned. When
arrearages are reduced to judgment under circumstances in which
section 548.091 is not applicable, the court shall grant
judgment in favor of, and in the name of, the public agency to
the extent that the arrearages are assigned. After filing
notice of an assignment with the court administrator, who shall
enter the notice in the docket, the public agency may enforce a
judgment entered before the assignment of rights as if the
judgment were granted to it, and in its name, to the extent that
the arrearages in that judgment are assigned.
Sec. 12. Minnesota Statutes 1997 Supplement, section
518.5511, subdivision 2, is amended to read:
Subd. 2. [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a)
Following 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
contacts the public authority regarding the proposed order
within 30 days following the date of service of the proposed
order. 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 administrative process, and
notwithstanding any law or rule to the contrary, the service of
the proposed order under this paragraph shall be deemed to have
commenced a proceeding and the judge shall have jurisdiction
over a contested administrative proceeding.
(b) If the public authority is not contacted by a party
within 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. 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.
(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. 13. Minnesota Statutes 1997 Supplement, section
518.5512, subdivision 6, is amended to read:
Subd. 6. [CONTROLLING ORDER DETERMINATION.] The public
authority or a party may request the office of administrative
hearings to determine a controlling order according to section
518C.207, paragraph (c), or in situations in which more than one
order involving the same obligor and child exists.
Sec. 14. Minnesota Statutes 1997 Supplement, section
518.6111, subdivision 8, is amended to read:
Subd. 8. [CONTEST.] (a) The obligor may contest
withholding under subdivision 7 on the limited grounds that the
withholding or the amount withheld is improper due to mistake of
fact. If the obligor chooses to contest the withholding, the
obligor must do so no later than 15 days after the employer
commences withholding, by doing all of the following:
(1) file a request for contested hearing according to
section 518.5511, subdivision 4 3a, and include in the request
the alleged mistake of fact;
(2) serve a copy of the request for contested hearing upon
the public authority and the obligee; and
(3) secure a date for the contested hearing no later than
45 days after receiving notice that withholding has commenced.
(b) The income withholding must remain in place while the
obligor contests the withholding.
(c) If the court finds a mistake in the amount of the
arrearage to be withheld, the court shall continue the income
withholding, but it shall correct the amount of the arrearage to
be withheld.
Sec. 15. Minnesota Statutes 1997 Supplement, section
518.6111, subdivision 9, is amended to read:
Subd. 9. [PRIORITY.] (a) An order for or notice of
withholding under this section or execution or garnishment upon
a judgment for child support arrearage or preadjudicated
expenses shall have priority over an attachment, execution,
garnishment, or wage assignment and shall not be subject to the
statutory limitations on amounts levied against the income of
the obligor. Amounts withheld from an employee's income must
not exceed the maximum permitted under the Consumer Credit
Protection Act, title 15 of the United States Code, section
1673(b).
(b) If more than one order for or notice of withholding
exists involving the same obligor and child, the public
authority shall enforce the most current recent order or
notice. An order for or notice of withholding that was
previously implemented according to this section shall end as of
the date of the most current recent order. The public authority
shall notify the payor of funds to withhold under the
most current recent withholding order or notice.
Sec. 16. Minnesota Statutes 1997 Supplement, section
518.6111, subdivision 14, is amended to read:
Subd. 14. [TERMINATION BY THE PUBLIC AUTHORITY.] If the
public authority determines that income withholding is no longer
applicable, the public authority shall notify the obligee and
the obligor of intent to terminate income withholding.
Five days following notification to the obligee and
obligor, the public authority shall issue a notice to the payor
of funds terminating income withholding, without a requirement
for a court order unless the obligee has requested a contested
hearing under section 518.5511, subdivision 4 3a.
Sec. 17. Minnesota Statutes 1997 Supplement, section
518.615, subdivision 1, is amended to read:
Subdivision 1. [ORDERS BINDING.] Notices or orders for
income withholding or medical support orders issued pursuant to
sections 518.171 and 518.6111 are binding on the employer,
trustee, or other payor of funds after the order and or notice
of for income withholding or enforcement of medical support has
been served on transmitted pursuant to section 518.6111 to the
employer, trustee, or payor of funds.
Sec. 18. Minnesota Statutes 1996, section 518.615,
subdivision 2, is amended to read:
Subd. 2. [CONTEMPT ACTION.] An obligee or the public
agency responsible for child support enforcement may initiate a
contempt action against an employer, trustee, or payor of funds,
within the action that created the support obligation, by
serving an order to show cause upon the employer, trustee, or
payor of funds.
The employer, trustee, or payor of funds is presumed to be
in contempt:
(1) if the employer, trustee, or payor of funds has
intentionally failed to withhold support after receiving the
order and or notice of for income withholding or notice of
enforcement of medical support; or
(2) upon presentation of pay stubs or similar documentation
showing the employer, trustee, or payor of funds withheld
support and demonstration that the employer, trustee, or payor
of funds intentionally failed to remit support to the agency
responsible for child support enforcement.
Sec. 19. Minnesota Statutes 1997 Supplement, section
518.6195, is amended to read:
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.
(c) Past support or pregnancy and confinement expenses
ordered for which the obligor has specific court ordered terms
for repayment may not be enforced using drivers' and
occupational or professional license suspension, credit bureau
reporting, and additional income withholding under section
518.6111, subdivision 10, paragraph (a), unless the obligor
fails to comply with the terms of the court order for repayment.
Sec. 20. Minnesota Statutes 1997 Supplement, 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.
On a motion to modify support, the needs of any child the
obligor has after the entry of the support order that is the
subject of a modification motion shall be considered as provided
by section 518.551, subdivision 5f.
(b) It is presumed that there has been a substantial change
in circumstances under 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.
(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.
(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.
(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.
(f) The court need not hold an evidentiary hearing on a
motion for modification of maintenance or support.
(g) Section 518.14 shall govern the award of attorney fees
for motions brought under this subdivision.
Sec. 21. [518.642] [OVERPAYMENTS.]
If child support or maintenance is not assigned under
section 256.741, and an obligor has overpaid a child support or
maintenance obligation because of a modification or error in the
amount owed, the public authority shall:
(1) apply the amount of the overpayment to reduce the
amount of any child support or maintenance-related arrearages or
debts owed to the obligee; and
(2) if an overpayment exists after the reduction of any
arrearage or debt, reduce the amount of the child support
remitted to the obligee by an amount no greater than 20 percent
of the current monthly support or maintenance obligation and
remit this amount to the obligor until the overpayment is
reduced to zero.
Sec. 22. Minnesota Statutes 1997 Supplement, section
552.04, subdivision 4, is amended to read:
Subd. 4. [SERVICE OF THIRD PARTY LEVY; NOTICE AND
DISCLOSURE FORMS.] When levying upon money owed to the judgment
debtor by a third party, the public authority shall serve a copy
of the notice of support judgment levy upon the third party
either by registered or certified mail, or by personal service,
or by electronic transmission. Along with a copy of the notice
of support judgment levy, the public authority shall serve upon
the third party a notice of support judgment levy and disclosure
form that must be substantially in the form set forth below.
OFFICE OF ADMINISTRATIVE HEARINGS
File No. ...........
........ (Public authority)
against NOTICE OF SUPPORT JUDGMENT
........ (Judgment Debtor) LEVY AND DISCLOSURE
and (OTHER THAN EARNINGS)
........ (Third Party)
PLEASE TAKE NOTICE that pursuant to Minnesota Statutes,
chapters 518 and 522, the undersigned, as representative of the
public authority responsible for child support enforcement,
makes demand and levies execution upon all money due and owing
by you to the judgment debtor for the amount of the judgment
specified below. A copy of the notice of support judgment levy
is enclosed. The unpaid judgment balance is $......
In responding to this levy, you are to complete the
attached disclosure form and mail it to the public authority,
together with your check payable to the public authority, for
the nonexempt amount owed by you to the judgment debtor or for
which you are obligated to the judgment debtor, within the time
limits in chapter 552.
Public Authority
Address
(........)
Phone number
DISCLOSURE
On the ... day of ......, 19..., the time of service of the
execution levy herein, there was due and owing the judgment
debtor from the third party the following:
(1) Money. Enter on the line below any amounts due and
owing the judgment debtor, except earnings, from the third party.
.........................
(2) Setoff. Enter on the line below the amount of any
setoff, defense, lien, or claim which the third party claims
against the amount set forth on line (1). State the facts by
which the setoff, defense, lien, or claim is claimed. (Any
indebtedness to you incurred by the judgment debtor within ten
days prior to the receipt of the first execution levy on a debt
may not be claimed as a setoff, defense, lien, or claim against
the amount set forth on line (1).)
.........................
(3) Exemption. Enter on the line below any amounts or
property claimed by the judgment debtor to be exempt from
execution.
.........................
(4) Adverse Interest. Enter on the line below any amounts
claimed by other persons by reason of ownership or interest in
the judgment debtor's property.
.........................
(5) Enter on the line below the total of lines (2), (3),
and (4).
.........................
(6) Enter on the line below the difference obtained (never
less than zero when line (5) is subtracted from the amount on
line (1)).
.........................
(7) Enter on the line below 100 percent of the amount of
the public authority's claim which remains unpaid.
.........................
(8) Enter on the line below the lesser of line (6) and line
(7). You are instructed to remit this amount only if it is $10
or more.
.........................
AFFIRMATION
I, .......... (person signing Affirmation), am the third
party or I am authorized by the third party to complete this
nonearnings disclosure, and have done so truthfully and to the
best of my knowledge.
Dated:.......... Signature
..........
Title
..........
Telephone Number
Sec. 23. Laws 1995, chapter 257, article 1, section 34, is
amended to read:
Sec. 34. [REPORT.]
(a) The commissioner of human services shall evaluate all
child support programs and enforcement mechanisms. The
evaluation must include a cost-benefit analysis of each program
or enforcement mechanism, and information related to which
programs produce the highest revenue, reduce arrears, avoid
litigation, and result in the best outcome for children and
their parents.
The reports related to the provisions in this chapter are
due two years after the implementation date. All other reports
on existing programs and enforcement mechanisms are due January
15, 1997 to determine the following:
(1) Minnesota's performance on the child support and
incentive measures submitted by the federal Office of Child
Support to the United States Congress;
(2) Minnesota's performance relative to other states;
(3) individual county performance; and
(4) recommendations for further improvement.
(b) The commissioner shall evaluate in separate categories
the federal, state, and local government costs of child support
enforcement in this state. The evaluation must also include a
representative sample of private business costs relating to
child support enforcement based on a survey of at least 50
Minnesota businesses and nonprofit organizations.
(c) The commissioner shall also report on the amount of
child support arrearages in this state with separate categories
for the amount of child support in arrears for 90 days, six
months, one year, and two or more years. The report must
establish a process for determining when an arrearage is
considered uncollectible based on the age of the arrearage and
likelihood of collection of the amount owed. The amounts
determined to be uncollectible must be deducted from the total
amount of outstanding arrearages for purposes of determining
arrearages that are considered collectible.
(d) The first report on these topics shall be submitted to
the legislature by January 1, 1999, and subsequent reports shall
be submitted biennially before January 15 of each odd-numbered
year.
Sec. 24. Laws 1997, chapter 203, article 6, section 90, is
amended to read:
Sec. 90. [CHILD SUPPORT ENFORCEMENT PROGRAM; SERVICES
DELIVERY STUDY.]
The commissioner of human services, in consultation with
the commissioner's advisory committee, shall conduct a study of
the overall state child support enforcement delivery system and
shall recommend to the legislature a program design that will
best meet the following goals:
(1) comply with all state and federal laws and regulations;
(2) deliver child support and paternity services in a
timely manner;
(3) meet federal performance criteria;
(4) provide respectful and efficient service to custodial
and noncustodial parents;
(5) make efficient use of public money funding the program;
and
(6) provide a consistent level of services throughout the
state.
The study may make specific recommendations regarding
staffing, training, program administration, customer access to
services, use of technology, and other features of a successful
child support program. The commissioner may contract with a
private vendor to complete the study. The commissioner shall
provide the study and recommendations to the legislature by July
1, 1998 December 1, 1998.
ARTICLE 2
OTHER PROVISIONS
Section 1. Minnesota Statutes 1997 Supplement, section
13.99, subdivision 76b, is amended to read:
Subd. 76b. [PUTATIVE FATHERS' ADOPTION REGISTRY.] Data in
the putative fathers' adoption registry are classified under
section 259.52, subdivision 4.
Sec. 2. Minnesota Statutes 1997 Supplement, section
257.352, subdivision 3a, is amended to read:
Subd. 3a. [UNKNOWN FATHER.] If the local social service
agency, private child-placing agency, the court, petitioner, or
any other party has reason to believe that a child who is the
subject of an adoptive placement proceeding is or may be an
Indian child but the father of the child is unknown and has not
registered with the putative fathers' adoption registry pursuant
to section 259.52, the agency or person shall provide to the
tribe believed to be the Indian child's tribe information
sufficient to enable the tribe to determine the child's
eligibility for membership in the tribe, including, but not
limited to, the legal and maiden name of the birth mother, her
date of birth, the names and dates of birth of her parents and
grandparents, and, if available, information pertaining to the
possible identity, tribal affiliation, or location of the birth
father.
Sec. 3. Minnesota Statutes 1997 Supplement, section
259.49, subdivision 1, is amended to read:
Subdivision 1. [TO WHOM GIVEN.] Except as provided in
subdivision 3, and subject to section 259.52, notice of the
hearing upon a petition to adopt a child must be given to:
(a) the guardian, if any, of a child;
(b) the parent of a child if:
(1) the person's name appears on the child's birth
certificate, as a parent;
(2) the person has substantially supported the child;
(3) the person either was married to the person designated
on the birth certificate as the natural mother within the 325
days before the child's birth or married that person within the
ten days after the child's birth;
(4) the person is openly living with the child or the
person designated on the birth certificate as the natural mother
of the child, or both;
(5) the person has been adjudicated the child's parent;
(6) the person has filed a paternity action within 30 days
after the child's birth and the action is still pending;
(7) the person and the mother of the child have signed a
declaration of parentage under section 257.34 before August 1,
1995, which has not been revoked or a recognition of parentage
under section 257.75, which has not been revoked or vacated; or
(8) the person:
(i) is not entitled to notice under clauses (1) to (7);
(ii) has registered with the putative fathers' adoption
registry;
(iii) after receiving a putative fathers' adoption registry
notice, has timely filed an intent to retain parental rights
with entry of appearance form under section 259.52; and
(iv) within 30 days of receipt of the putative fathers'
adoption registry notice has initiated a paternity action,
unless, for good cause shown, he is unable to do so within the
30 days; a paternity action must be initiated by the putative
father in district court; application to the public authority
for paternity establishment services does not constitute
initiation of an action; and
(c) the child's tribe pursuant to section 257.352,
subdivision 3, if the child is an Indian child.
Notice under this section need not be given to a person
listed in this subdivision whose parental rights have been
terminated. The notice of the hearing may be waived by a
parent, guardian, or other interested party by a writing
executed before two competent witnesses and duly acknowledged.
The waiver must be filed in the adoption proceedings before the
matter is heard.
Sec. 4. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT OF REGISTRY; PURPOSE; FEES.]
(a) The commissioner of health shall establish a putative
fathers' adoption registry for the purpose of determining the
identity and location of a putative father interested in a minor
child who is, or is expected to be, the subject of an adoption
proceeding, in order to provide notice of the adoption
proceeding to the putative father who is not otherwise entitled
to notice under section 259.49, subdivision 1, paragraph (a) or
(b), clauses (1) to (7). The commissioner of health may
establish informational material and public service
announcements necessary to implement this section. Any
limitation on a putative father's right to assert an interest in
the child as provided in this section applies only in adoption
proceedings and only to those putative fathers not entitled to
notice and consent under sections 259.24 and 259.49, subdivision
1, paragraph (a) or (b), clauses (1) to (7). The commissioner
of health has no independent obligation to gather or update the
information to be maintained on the registry. It is the
registrant's responsibility to update his personal information
on the registry.
(b) The putative fathers' adoption registry must contain
the following information:
(1) with respect to the putative father, the:
(i) name, including any other names by which the putative
father may be known and that he may provide to the registry;
(ii) address at which he may be served with notice of a
petition under this chapter, including any change of address;
(iii) social security number, if known;
(iv) date of birth; and
(v) if applicable, a certified copy of an order by a court
of another state or territory of the United States adjudicating
the putative father to be the father of this child;
(2) with respect to the mother of the child:
(i) name, including all other names known to the putative
father by which the mother may be known;
(ii) if known to the putative father, her last address;
(iii) social security number, if known; and
(iv) date of birth;
(3) if known to the putative father, the name, gender,
place of birth, and date of birth or anticipated date of birth
of the child;
(4) the date that the commissioner of health received the
putative father's registration; and
(5) other information the commissioner of health determines
by rule to be necessary for the orderly administration of the
registry.
(c) The commissioner of health shall notify the mother of
the child whenever a putative father has registered with the
father's adoption registry under this section. Notice shall be
sent to the name and address submitted by the putative father
under paragraph (b), clause (2). If no current address for the
mother is submitted by the putative father under paragraph (b),
clause (2), the commissioner of health shall not notify the
mother. The commissioner of health has no independent
obligation to locate the mother. The notice shall be mailed
within 14 days of the date that the commissioner received the
putative father's adoption registration unless a search has been
requested under subdivision 2. There shall be no charge to the
birth mother for this notice.
(d) The commissioner of health shall set reasonable fees
for the use of the registry; however, a putative father shall
not be charged a fee for registering. Revenues generated by the
fee must be deposited in the state government special revenue
fund and appropriated to the commissioner of health to
administer the putative fathers' adoption registry.
Sec. 5. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 2, is amended to read:
Subd. 2. [REQUIREMENT TO SEARCH REGISTRY BEFORE ADOPTION
PETITION CAN BE GRANTED; PROOF OF SEARCH.] No petition for
adoption may be granted unless the agency supervising the
adoptive placement, the birth mother of the child, or, in the
case of a stepparent or relative adoption, the county agency
responsible for the report required under section 259.53,
subdivision 1, requests that the commissioner of health search
the registry to determine whether a putative father is
registered in relation to a child who is or may be the subject
of an adoption petition. The search required by this
subdivision must be conducted no sooner than 31 days following
the birth of the child. A search of the registry may be proven
by the production of a certified copy of the registration form
or by a certified statement of the commissioner of health that
after a search no registration of a putative father in relation
to a child who is or may be the subject of an adoption petition
could be located. Certification that the putative fathers'
adoption registry has been searched must be filed with the court
prior to entry of any final order of adoption. In addition to
the search required by this subdivision, the agency supervising
the adoptive placement, the birth mother of the child, or, in
the case of a stepparent or relative adoption, the county agency
responsible for the report under section 259.53, subdivision 1,
may request that the commissioner of health search the registry
at any time.
Sec. 6. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 4, is amended to read:
Subd. 4. [CLASSIFICATION OF REGISTRY DATA.] Data in the
putative fathers' adoption registry are private data on
individuals, as defined in section 13.02, subdivision 2. Data
in the registry may be released to:
(1) a person who is required to search the registry under
subdivision 2, if the data relate to the child who is or may be
the subject of the adoption petition; or
(2) the mother of the child listed on the putative father's
registration form who the commissioner of health is required to
notify under subdivision 1, paragraph (c); or
(3) a public authority as provided in subdivision 3.
A person who receives data under this subdivision may use
the data only for purposes authorized under this section or
other law.
Sec. 7. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 6, is amended to read:
Subd. 6. [WHO MAY REGISTER.] Any putative father may
register with the putative fathers' adoption registry. However,
any limitation on a putative father's right to assert an
interest in the child as provided in this section applies only
in adoption proceedings and only to those putative fathers not
entitled to notice and consent under sections 259.24 and 259.49,
subdivision 1, paragraph (a) or (b), clauses (1) to (7).
Sec. 8. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 8, is amended to read:
Subd. 8. [FAILURE TO REGISTER.] Except for a putative
father who is entitled to notice and consent under sections
259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses
(1) to (7), a putative father who fails to timely register with
the putative fathers' adoption registry under subdivision 7:
(1) is barred thereafter from bringing or maintaining an
action to assert any interest in the child during the pending
adoption proceeding concerning the child;
(2) is considered to have waived and surrendered any right
to notice of any hearing in any judicial proceeding for adoption
of the child, and consent of that person to the adoption of the
child is not required; and
(3) is considered to have abandoned the child.
Failure to register under subdivision 7 is prima facie
evidence of sufficient grounds to support termination of the
putative father's parental rights under section 260.221,
subdivision 1.
A putative father who has not timely registered under
subdivision 7 is considered to have timely registered if he
proves by clear and convincing evidence that:
(i) it was not possible for him to register within the
period of time specified in subdivision 7;
(ii) his failure to register was through no fault of his
own; and
(iii) he registered within ten days after it became
possible for him to file.
A lack of knowledge of the pregnancy or birth is not an
acceptable reason for failure to register.
Sec. 9. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 9, is amended to read:
Subd. 9. [NOTICE AND SERVICE FOR THOSE ON PUTATIVE
FATHERS' ADOPTION REGISTRY WHO ARE NOT OTHERWISE ENTITLED TO
NOTICE.] Any time after conception, an interested party,
including persons intending to adopt a child, a child welfare
agency with whom the mother has placed or has given written
notice of her intention to place a child for adoption, the
mother of a child, or any attorney representing an interested
party, may file with the court administrator a written request
that the putative fathers on the registry who have registered in
relation to the child be served with serve by certified mail a
putative fathers' adoption registry notice to registered
putative father, an intent to claim parental rights with entry
of appearance form, and a denial of paternity with entry of
appearance form, and a consent to adoption form pursuant to
subdivision 11. These documents may be served on a putative
father in the same manner as a summons is served in other civil
proceedings, or, in lieu of personal service, service may be
made as follows:
(a) The person requesting notice shall pay to the court
administrator a mailing fee plus the cost of United States
postage for certified or registered mail and furnish to the
court administrator an original and one copy of the putative
fathers' adoption registry notice, the intent to claim parental
rights with entry of appearance form, and the denial of
paternity with entry of appearance and consent to adoption form
together with an affidavit setting forth the putative father's
last known address. The original putative fathers' adoption
registry notice, the intent to claim parental rights with entry
of appearance form, and the denial of paternity with entry of
appearance and consent to adoption form must be retained by the
court administrator.
(b) The court administrator The interested party or that
party's attorney shall mail to the putative father, at the
address appearing in the affidavit provided to the registry, the
copy of the putative fathers' adoption registry notice to
registered putative father, the intent to claim parental
rights with entry of appearance form, and the denial of
paternity with entry of appearance form, and the consent to
adoption form by certified mail, return receipt requested. The
envelope and return receipt must bear the return address of the
court administrator. The receipt for certified mail must state
the name and address of the addressee and the date of mailing
and must be attached to the original notice.
(c) (b) The return receipt, when returned to the court
administrator filed with the court, must be attached to the
original putative fathers' adoption registry notice to
registered putative father, the intent to claim parental
rights with entry of appearance form, and the denial of
paternity with entry of appearance form, and the consent to
adoption form and constitutes proof of service.
(d) (c) The court administrator shall note the fact of
service in a permanent record.
Sec. 10. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 10, is amended to read:
Subd. 10. [RESPONSE TO PUTATIVE FATHERS' ADOPTION REGISTRY
NOTICE TO REGISTERED PUTATIVE FATHER; LIMITATION OF RIGHTS FOR
FAILURE TO RESPOND AND UPON FILING OF DISCLAIMER DENIAL OF
PATERNITY.] Within 30 days of receipt of the putative fathers'
adoption registry notice to registered putative father, the
intent to claim parental rights with entry of appearance form,
and the denial of paternity with entry of appearance form, and
the consent to adoption form, the putative father must file a
completed intent to claim parental rights with entry of
appearance form with the court administrator stating that he
intends to initiate a paternity action within 30 days of receipt
of the putative fathers' adoption registry notice to registered
putative father in order to preserve the right to maintain an
interest in the child and receive notice during the pending
adoption proceeding. Failure to initiate a paternity action
within 30 days of receipt of the putative fathers' adoption
registry notice to registered putative father does not act as a
bar to receiving notice under section 259.49. If good cause is
shown, the putative father must be allowed more time to initiate
the paternity action. A putative father who files a completed
denial of paternity with entry of appearance form and consent to
adoption form or who fails to timely file an intent to claim
parental rights with entry of appearance form with the court:
(1) is barred from later bringing or maintaining an action
to assert any interest in the child during the pending adoption
proceeding concerning the child;
(2) is considered to have waived and surrendered a right to
notice of a hearing in any judicial proceeding for adoption of
the child, and consent of that person to the adoption of the
child is not required; and
(3) is considered to have abandoned the child.
Failure to register is prima facie evidence of sufficient
grounds to support termination of the putative father's parental
rights.
Sec. 11. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 11, is amended to read:
Subd. 11. [PUTATIVE FATHERS' ADOPTION REGISTRY NOTICE;
INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE FORM;
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE; AND CONSENT TO
ADOPTION FORM FORMS.] (a) The putative father's adoption
registry notice sent under subdivision 9 must be substantially
as follows:
"IN THE MATTER OF NOTICE TO .........., REGISTERED PUTATIVE
FATHER.
You have signed the putative fathers' adoption registry
indicating that you are the father of a child born on the
.......... day of .........., ...., (or expected to be born on
or about the ....... day of .........., ....).
The mother of the child is ...........
The mother has indicated that she intends to place the
child for adoption.
As the alleged father of the child by virtue of signing the
putative fathers' adoption registry, you have certain legal
rights with respect to the child, including the right to notice
of the filing of proceedings instituted for the adoption of the
child. If you wish to retain your rights with respect to the
child, you must file with the court administrator, Court of
.......... County, Minnesota, whose address is ..........,
Minnesota, within 30 days after the date of receipt of this
notice, the enclosed intent to claim parental rights with entry
of appearance form stating that you are, in fact, the father of
the child and that you intend to retain your legal rights with
respect to the child by initiating a paternity action within 30
days of receipt of the putative fathers' adoption registry
notice.
If you do not file an intent to claim parental rights with
entry of appearance form or a request for notice, then whatever
legal rights you have with respect to the child, including the
right to notice of any future proceedings for the adoption of
the child, may be terminated without any further notice to you.
When your legal rights with respect to the child are so
terminated, you will not be entitled to notice of any proceeding
instituted for the adoption of the child.
If you are not the father of the child, you may file with
the court administrator the denial of paternity with entry of
appearance and consent to adoption form enclosed herewith and
you will receive no further notice with respect to the child."
(b) The intent to claim parental rights with entry of
appearance form sent under subdivision 9 must be substantially
as follows:
"INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at
.......... in the County of .........., State of ...........
(2) That I have been advised that .......... is the mother
of a .......... male/female child named .......... born or
expected to be born on or about .......... and that such mother
has stated that I am the father of this child.
(3) I declare that I am the father of this child.
(4) I understand that the mother of this child wishes to
consent to the adoption of this child. I do not consent to the
adoption of this child, and I understand that I must return this
intent to claim parental rights with entry of appearance form to
the court administrator of .......... County, located at
.........., within 30 days of receipt of this notice.
(5) I further understand that I am also obligated to
initiate a paternity action under the Parentage Act (Minnesota
Statutes, sections 257.51 to 257.74) within 30 days of my
receiving the putative fathers' adoption registry notice, or, if
the child is not yet born, within 30 days after the birth of the
child, unless for good cause shown I am unable to do so. That
proceeding is separate and distinct from the above mailing of
intent to claim parental rights with entry of appearance form;
in the paternity action, I must state that I am, in fact, the
father of said child for one or more of the reasons stated in
Minnesota Statutes, section 257.55, subdivision 1, and that I
intend to retain my legal rights with respect to said child, and
request to be notified of any further proceedings with respect
to custody or adoption of the child.
(6) I hereby enter my appearance in the above entitled
cause.
OATH
I have been duly sworn and I say under oath that I have
read and understand this intent to claim parental rights with
entry of appearance form. The facts that it contains are true
and correct to the best of my knowledge, and I understand that
by signing this document I admit my paternity. I have signed
this document as my free and voluntary act.
...........
(Signature)
Dated this .......... day of .........., .....
Signed and Sworn Before Me This ....... day of .........., .....
...........
(notary public)"
(c) The denial of paternity with entry of appearance and
consent to adoption form sent under subdivision 9 must be
substantially as follows:
"DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND
CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at
.......... in the County of .........., State of ...........
(2) That I have been advised that .......... is the mother
of a .......... male/female child named .......... born or
expected to be born on or about .......... and that I have
registered with the putative fathers' adoption registry stating
that I am the father of this child.
(3) I now deny that I am the father of this child. My
denial at this time will not subject me to any criminal
liability.
(4) I further understand that the mother of this child
wishes to consent to the adoption of the child. I hereby
consent to the adoption of this child, and waive any rights,
remedies, and defenses that I may have now or in the future.
This consent is being given in order to facilitate the adoption
of the child and so that the court may terminate what rights I
may have to the child. This consent is not in any manner an
admission of paternity.
(5) I hereby enter my appearance in the above entitled
cause and waive service of summons and other pleading.
OATH
I have been duly sworn and I say under oath that I have
read and understood this denial of paternity with entry of
appearance and consent to adoption. The facts it contains are
true and correct to the best of my knowledge, and I understand
that by signing this document I have not admitted paternity. I
have signed this document as my free and voluntary act in order
to facilitate the adoption of the child.
...........
(Signature)
Dated this .......... day of .........., .....
Signed and Sworn Before Me This ....... day of .........., .....
...........
(notary public)"
[The names of adoptive parents must not be included in the
notice.] The office of the state court administrator shall
develop the following forms:
(1) notice to registered putative father;
(2) intent to claim parental rights;
(3) denial of paternity; and
(4) consent to adoption.
Sec. 12. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 12, is amended to read:
Subd. 12. [RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Upon proof
of indigency, a putative father who has registered with the
fathers' adoption registry, has received a putative fathers'
adoption registry notice to registered putative father, and has
timely filed an intent to claim paternal rights with entry of
appearance form with the court administrator, must have counsel
appointed at public expense.
Sec. 13. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 14, is amended to read:
Subd. 14. [FEES FOR PUTATIVE FATHERS' ADOPTION REGISTRY.]
The district court administrator in every judicial district
shall, in addition to any other filing fees, assess a $75
adoption filing fee surcharge on each adoption petition filed in
the district court for the purpose of implementing and
maintaining the putative fathers' adoption registry. The court
administrator shall forward fees collected under this
subdivision to the commissioner of finance for deposit into the
state government special revenue fund to be appropriated to the
commissioner of health to administer the putative fathers'
adoption registry established under this section.
Sec. 14. Minnesota Statutes 1997 Supplement, section
259.52, is amended by adding a subdivision to read:
Subd. 15. [INTERNATIONAL ADOPTIONS.] This section does not
apply to international adoptions.
Sec. 15. Minnesota Statutes 1997 Supplement, section
260.221, subdivision 1, is amended to read:
Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile
court may upon petition, terminate all rights of a parent to a
child with the written consent of a parent who for good cause
desires to terminate parental rights; or if it finds that one or
more of the following conditions exist:
(1) that the parent has abandoned the child; or
(2) that the parent has substantially, continuously, or
repeatedly refused or neglected to comply with the duties
imposed upon that parent by the parent and child relationship,
including but not limited to providing the child with necessary
food, clothing, shelter, education, and other care and control
necessary for the child's physical, mental, or emotional health
and development, if the parent is physically and financially
able, and reasonable efforts by the social service agency have
failed to correct the conditions that formed the basis of the
petition; or
(3) that a parent has been ordered to contribute to the
support of the child or financially aid in the child's birth and
has continuously failed to do so without good cause. This
clause shall not be construed to state a grounds for termination
of parental rights of a noncustodial parent if that parent has
not been ordered to or cannot financially contribute to the
support of the child or aid in the child's birth; or
(4) that a parent is palpably unfit to be a party to the
parent and child relationship because of a consistent pattern of
specific conduct before the child or of specific conditions
directly relating to the parent and child relationship either of
which are determined by the court to be of a duration or nature
that renders the parent unable, for the reasonably foreseeable
future, to care appropriately for the ongoing physical, mental,
or emotional needs of the child. It is presumed that a parent
is palpably unfit to be a party to the parent and child
relationship upon a showing that:
(i) the child was adjudicated in need of protection or
services due to circumstances described in section 260.015,
subdivision 2a, clause (1), (2), (3), (5), or (8); and
(ii) the parent's parental rights to one or more other
children were involuntarily terminated under clause (1), (2),
(4), or (7), or under clause (5) if the child was initially
determined to be in need of protection or services due to
circumstances described in section 260.015, subdivision 2a,
clause (1), (2), (3), (5), or (8); or
(5) that following upon a determination of neglect or
dependency, or of a child's need for protection or services,
reasonable efforts, under the direction of the court, have
failed to correct the conditions leading to the determination.
It is presumed that reasonable efforts under this clause have
failed upon a showing that:
(i) a child has resided out of the parental home under
court order for a cumulative period of more than one year within
a five-year period following an adjudication of dependency,
neglect, need for protection or services under section 260.015,
subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or
neglected and in foster care, and an order for disposition under
section 260.191, including adoption of the case plan required by
section 257.071;
(ii) conditions leading to the determination will not be
corrected within the reasonably foreseeable future. It is
presumed that conditions leading to a child's out-of-home
placement will not be corrected in the reasonably foreseeable
future upon a showing that the parent or parents have not
substantially complied with the court's orders and a reasonable
case plan, and the conditions which led to the out-of-home
placement have not been corrected; and
(iii) reasonable efforts have been made by the social
service agency to rehabilitate the parent and reunite the family.
This clause does not prohibit the termination of parental
rights prior to one year after a child has been placed out of
the home.
It is also presumed that reasonable efforts have failed
under this clause upon a showing that:
(i) the parent has been diagnosed as chemically dependent
by a professional certified to make the diagnosis;
(ii) the parent has been required by a case plan to
participate in a chemical dependency treatment program;
(iii) the treatment programs offered to the parent were
culturally, linguistically, and clinically appropriate;
(iv) the parent has either failed two or more times to
successfully complete a treatment program or has refused at two
or more separate meetings with a caseworker to participate in a
treatment program; and
(v) the parent continues to abuse chemicals.
Provided, that this presumption applies only to parents required
by a case plan to participate in a chemical dependency treatment
program on or after July 1, 1990; or
(6) that a child has experienced egregious harm in the
parent's care which is of a nature, duration, or chronicity that
indicates a lack of regard for the child's well-being, such that
a reasonable person would believe it contrary to the best
interest of the child or of any child to be in the parent's
care; or
(7) that in the case of a child born to a mother who was
not married to the child's father when the child was conceived
nor when the child was born the person is not entitled to notice
of an adoption hearing under section 259.49 and the person has
not registered with the putative fathers' adoption registry
under section 259.52; or
(8) that the child is neglected and in foster care; or
(9) that the parent has been convicted of a crime listed in
section 260.012, paragraph (b), clauses (1) to (3).
In an action involving an American Indian child, sections
257.35 to 257.3579 and the Indian Child Welfare Act, United
States Code, title 25, sections 1901 to 1923, control to the
extent that the provisions of this section are inconsistent with
those laws.
Sec. 16. Minnesota Statutes 1997 Supplement, section
260.221, subdivision 1a, is amended to read:
Subd. 1a. [EVIDENCE OF ABANDONMENT.] For purposes of
subdivision 1, clause (1):
(a) Abandonment is presumed when:
(1) the parent has had no contact with the child on a
regular basis and not demonstrated consistent interest in the
child's well-being for six months; and
(2) the social service agency has made reasonable efforts
to facilitate contact, unless the parent establishes that an
extreme financial or physical hardship or treatment for mental
disability or chemical dependency or other good cause prevented
the parent from making contact with the child. This presumption
does not apply to children whose custody has been determined
under chapter 257 or 518. The court is not prohibited from
finding abandonment in the absence of this presumption.
(b) The following are prima facie evidence of abandonment
where adoption proceedings are pending and there has been a
showing that the person was not entitled to notice of an
adoption proceeding under section 259.49:
(1) failure to register with the putative fathers' adoption
registry under section 259.52; or
(2) if the person registered with the putative fathers'
adoption registry under section 259.52:
(i) filing a denial of paternity within 30 days of receipt
of notice under section 259.52, subdivision 8;
(ii) failing to timely file an intent to claim parental
rights with entry of appearance form within 30 days of receipt
of notice under section 259.52, subdivision 10; or
(iii) timely filing an intent to claim parental rights with
entry of appearance form within 30 days of receipt of notice
under section 259.52, subdivision 10, but failing to initiate a
paternity action within 30 days of receiving the putative
fathers' adoption registry notice where there has been no
showing of good cause for the delay.
Sec. 17. Minnesota Statutes 1997 Supplement, section
357.021, subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court,
including any case arising under the tax laws of the state that
could be transferred or appealed to the tax court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper is filed for that party in said action, a fee of
$122.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper is filed for that party in said
action, a fee of $122.
The party requesting a trial by jury shall pay $75.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding, $10, and $5 for an uncertified copy.
(3) Issuing a subpoena, $3 for each name.
(4) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $10.
(5) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $7.50.
(6) Filing and entering a satisfaction of judgment, partial
satisfaction, or assignment of judgment, $5.
(7) Certificate as to existence or nonexistence of
judgments docketed, $5 for each name certified to.
(8) Filing and indexing trade name; or recording basic
science certificate; or recording certificate of physicians,
osteopaths, chiropractors, veterinarians, or optometrists, $5.
(9) For the filing of each partial, final, or annual
account in all trusteeships, $10.
(10) For the deposit of a will, $5.
(11) For recording notary commission, $25, of which,
notwithstanding subdivision 1a, paragraph (b), $20 must be
forwarded to the state treasurer to be deposited in the state
treasury and credited to the general fund.
(12) When a defendant pleads guilty to or is sentenced for
a petty misdemeanor other than a parking violation, the
defendant shall pay a fee of $11.
(13) Filing a motion or response to a motion for
modification of child support, a fee fixed by rule or order of
the supreme court.
(14) All other services required by law for which no fee is
provided, such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing fees under this
chapter, a surcharge in the amount of $75 must be assessed in
accordance with section 259.52, subdivision 14, for each
adoption petition filed in district court to fund the putative
fathers' adoption registry under section 259.52.
The fees in clauses (3) and (4) need not be paid by a
public authority or the party the public authority represents.
Sec. 18. Minnesota Statutes 1996, section 550.136,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For purposes of this section, the
following terms have the meanings given them:
(a) "earnings" means:
(1) compensation paid or payable to an employee for
personal service whether denominated as wages, salary,
commissions, bonus, or otherwise, and includes periodic payments
pursuant to a pension or retirement program; or
(2) compensation paid or payable to the producer for the
sale of agricultural products; livestock or livestock products;
milk or milk products; or fruit or other horticultural products
produced when the producer is operating a family farm, a family
farm corporation, or an authorized farm corporation, as defined
in section 500.24, subdivision 2; or
(3) maintenance as defined in section 518.54, subdivision 3.
(b) "disposable earnings" means that part of the earnings
of an individual remaining after the deduction from those
earnings of amounts required by law to be withheld;
(c) "employee" means an individual who performs services
subject to the right of the employer to control both what is
done and how it is done; and
(d) "employer" means a person for whom an individual
performs services as an employee.
Sec. 19. Minnesota Statutes 1996, section 571.921, is
amended to read:
571.921 [DEFINITIONS.]
For purposes of sections 571.921 to 571.926, the following
terms have the meanings given them:
(a) "Earnings" means:
(1) compensation paid or payable to an employee for
personal service whether denominated as wages, salary,
commissions, bonus, or otherwise, and includes periodic payments
pursuant to a pension or retirement program; or
(2) compensation paid or payable to the producer for the
sale of agricultural products; livestock or livestock products;
milk or milk products; or fruit or other horticultural products
produced when the producer is operating a family farm, a family
farm corporation, or an authorized farm corporation, as defined
in section 500.24, subdivision 2; or
(3) maintenance as defined in section 518.54, subdivision 3.
(b) "Disposable earnings" means that part of the earnings
of an individual remaining after the deduction from those
earnings of amounts required by law to be withheld.
(c) "Employee" means an individual who performs services
subject to the right of the employer to control both what is
done and how it is done.
(d) "Employer" means a person for whom an individual
performs services as an employee.
Sec. 20. [EFFECTIVE DATE.]
Sections 1 to 17 are effective the day following final
enactment.
Presented to the governor April 10, 1998
Signed by the governor April 20, 1998, 11:25 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes