Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 116-S.F.No. 1479 
                  An act relating to spousal maintenance; authorizing 
                  the Department of Human Services to collect spousal 
                  maintenance; amending Minnesota Statutes 2004, 
                  sections 518.54, subdivisions 4a, 14, by adding a 
                  subdivision; 518.551, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 518.54, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [SUPPORT ORDER.] (a) "Support order" means a 
        judgment, decree, or order, whether temporary, final, or subject 
        to modification, issued by a court or administrative agency of 
        competent jurisdiction,: 
           (1) for the support and maintenance of a child, including a 
        child who has attained the age of majority under the law of the 
        issuing state, or; 
           (2) for a child and the parent with whom the child is 
        living, that provides for monetary support, child care, medical 
        support including expenses for confinement and pregnancy, 
        arrearages, or reimbursement, and that; or 
           (3) for the maintenance of a spouse.  
           (b) The support order may include related costs and fees, 
        interest and penalties, income withholding, and other relief.  
        This definition applies to orders issued under this chapter and 
        chapters 256, 257, and 518C. 
           Sec. 2.  Minnesota Statutes 2004, section 518.54, 
        subdivision 14, is amended to read: 
           Subd. 14.  [IV-D CASE.] "IV-D case" means a case where a 
        party has assigned to the state rights to child support because 
        of the receipt of public assistance as defined in section 
        256.741 or has applied for child support services under title 
        IV-D of the Social Security Act, United States Code, title 42, 
        section 654(4).  An obligation for spousal maintenance under 
        section 518.54, subdivision 4a, paragraph (a), clause (3), is 
        not an IV-D case. 
           Sec. 3.  Minnesota Statutes 2004, section 518.54, is 
        amended by adding a subdivision to read: 
           Subd. 18a.  [INCOME WITHHOLDING ONLY SERVICES.] "Income 
        withholding only services" means the services provided by the 
        public authority to collect payments pursuant to a support order 
        but does not include other enforcement services provided by the 
        public authority for IV-D cases.  Notices required for income 
        withholding under this section shall be initiated by the 
        applicant for services.  An obligation for spousal maintenance 
        under section 518.54, subdivision 4a, paragraph (a), clause (3), 
        is only eligible for income withholding only services. 
           Sec. 4.  Minnesota Statutes 2004, 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 or 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 or 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. 5.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor May 24, 2005 
           Signed by the governor May 26, 2005, 9:40 p.m.