Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 134-S.F.No. 2022 
                  An act relating to family law; clarifying crediting of 
                  support payments; modifying implementation of 
                  enforcement remedies to accommodate timing of support 
                  payments; amending Minnesota Statutes 2000, sections 
                  518.551, subdivision 1; 518.6111, by adding a 
                  subdivision; proposing coding for new law in Minnesota 
                  Statutes, chapter 518. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 518.551, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCOPE; PAYMENT TO PUBLIC AGENCY.] (a) This 
        section applies to all proceedings involving 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. 
           (c) Payments made to the public authority other than 
        payments under section 518.6111 must be credited as of the date 
        the payment is received by the central collections unit.  
           (d) 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. 2.  Minnesota Statutes 2000, section 518.6111, is 
        amended by adding a subdivision to read: 
           Subd. 19.  [TIMING OF AUTOMATED ENFORCEMENT REMEDIES.] The 
        public authority shall make reasonable efforts to ensure that 
        automated enforcement remedies take into consideration the time 
        periods allowed under this section. 
           Sec. 3.  [518.6196] [COLLECTION; REVENUE RECAPTURE.] 
           The public authority may submit debt under chapter 270A 
        only if the obligor is in arrears in court-ordered child support 
        or maintenance payments, or both, in an amount greater than the 
        obligor's total monthly support and maintenance payments or if 
        the debt has been entered and docketed as a judgment under 
        section 548.091, subdivision 2a. 
           Presented to the governor May 17, 2001 
           Signed by the governor May 21, 2001, 11:00 a.m.