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Key: (1) language to be deleted (2) new language

CHAPTER 189--H.F.No. 892

An act

relating to families; updating the Uniform Interstate Family Support Act;

amending Minnesota Statutes 2012, sections 518C.101; 518C.102; 518C.103; 518C.201; 518C.202; 518C.203; 518C.204; 518C.205; 518C.206; 518C.207; 518C.208; 518C.209; 518C.301; 518C.303; 518C.304; 518C.305; 518C.306; 518C.307; 518C.308; 518C.310; 518C.311; 518C.312; 518C.313; 518C.314; 518C.316; 518C.317; 518C.318; 518C.319; 518C.401; 518C.501; 518C.503; 518C.504; 518C.505; 518C.506; 518C.508; 518C.601; 518C.602; 518C.603; 518C.604; 518C.605; 518C.606; 518C.607; 518C.608; 518C.609; 518C.610; 518C.611; 518C.612; 518C.613; 518C.701; 518C.801; 518C.902; proposing coding for new law in Minnesota Statutes, chapter 518C; repealing Minnesota Statutes 2012, section 518C.502.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 518C.101, is amended to read:

518C.101 DEFINITIONS.

In this chapter:

(a) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

(b) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing statenew text begin or foreign countrynew text end .

(c) new text begin "Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.new text end

new text begin (d) new text end "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.

new text begin (e) "Foreign country" means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and: new text end

new text begin (1) that has been declared under the law of the United States to be a foreign reciprocating country; new text end

new text begin (2) that has established a reciprocal arrangement for child support with this state as provided in section 518C.308; new text end

new text begin (3) that has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or new text end

new text begin (4) in which the convention is in force with respect to the United States. new text end

new text begin (f) "Foreign support order" means a support order of a foreign tribunal. new text end

new text begin (g) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the convention. new text end

deleted text begin (d)deleted text end new text begin (h)new text end "Home state" means the state new text begin or foreign country new text end in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state new text begin or foreign country new text end in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.

deleted text begin (e)deleted text end new text begin (i)new text end "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.

deleted text begin (f)deleted text end new text begin (j)new text end "Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor under section 518A.53, to withhold support from the income of the obligor.

deleted text begin (g) "Initiating state" means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this chapter or a law or procedure substantially similar to this chapter, or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act. deleted text end

deleted text begin (h)deleted text end new text begin (k)new text end "Initiating tribunal" means the deleted text begin authorizeddeleted text end tribunal deleted text begin in an initiatingdeleted text end new text begin of anew text end statedeleted text begin .deleted text end new text begin or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.new text end

new text begin (l) "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child. new text end

deleted text begin (i)deleted text end new text begin (m)new text end "Issuing state" means the state in which a tribunal issues a support order or deleted text begin rendersdeleted text end a judgment determining parentagenew text begin of a childnew text end .

deleted text begin (j)deleted text end new text begin (n)new text end "Issuing tribunal" means the tribunal new text begin of a state or foreign country new text end that issues a support order or deleted text begin rendersdeleted text end a judgment determining parentagenew text begin of a childnew text end .

deleted text begin (k)deleted text end new text begin (o)new text end "Law" includes decisional and statutory law and rules and regulations having the force of law.

deleted text begin (l)deleted text end new text begin (p)new text end "Obligee" means:

(1) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order deleted text begin has been issueddeleted text end or a judgment determining parentage new text begin of a child new text end has been deleted text begin rendereddeleted text end new text begin issuednew text end ;

(2) a new text begin foreign country, new text end statenew text begin ,new text end or political subdivision new text begin of a state new text end to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligeenew text begin in place of child supportnew text end ; deleted text begin ordeleted text end

(3) an individual seeking a judgment determining parentage of the individual's childdeleted text begin .deleted text end new text begin ; ornew text end

new text begin (4) a person that is a creditor in a proceeding under sections 518C.701 to 518C.713. new text end

deleted text begin (m)deleted text end new text begin (q)new text end "Obligor" means an individual, or the estate of a decedentnew text begin thatnew text end :

(1) deleted text begin whodeleted text end owes or is alleged to owe a duty of support;

(2) deleted text begin whodeleted text end is alleged but has not been adjudicated to be a parent of a child; deleted text begin ordeleted text end

(3) deleted text begin whodeleted text end is liable under a support orderdeleted text begin .deleted text end new text begin ; ornew text end

new text begin (4) is a debtor in a proceeding under section 518C.701 to 518C.713. new text end

new text begin (r) "Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country. new text end

new text begin (s) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. new text end

new text begin (t) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. new text end

deleted text begin (n)deleted text end new text begin (u)new text end "Register" means to file new text begin in a tribunal of this state new text end a support order or judgment determining parentage deleted text begin in the office of the court administratordeleted text end new text begin of a child issued in another state or a foreign countrynew text end .

deleted text begin (o)deleted text end new text begin (v)new text end "Registering tribunal" means a tribunal in which a support order new text begin or judgment determining parentage of a child new text end is registered.

deleted text begin (p)deleted text end new text begin (w)new text end "Responding state" means a state in which a deleted text begin proceedingdeleted text end new text begin petition or comparable pleading for support or to determine parentage of a childnew text end is filed or to which a deleted text begin proceedingdeleted text end new text begin petition or comparable pleadingnew text end is forwarded for filing from deleted text begin an initiatingdeleted text end new text begin anothernew text end state deleted text begin under this chapter or a law or procedure substantially similar to this chapter, or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Actdeleted text end new text begin or a foreign countrynew text end .

deleted text begin (q)deleted text end new text begin (x)new text end "Responding tribunal" means the authorized tribunal in a responding statenew text begin or foreign countrynew text end .

deleted text begin (r)deleted text end new text begin (y)new text end "Spousal support order" means a support order for a spouse or former spouse of the obligor.

deleted text begin (s)deleted text end new text begin (z)new text end "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession deleted text begin subject todeleted text end new text begin undernew text end the jurisdiction of the United States. "State" includesdeleted text begin :deleted text end

deleted text begin (1)deleted text end an Indian new text begin nation or new text end tribedeleted text begin ; anddeleted text end new text begin .new text end

deleted text begin (2) a foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders that are substantially similar to the procedures under this chapter or the procedures under the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act. deleted text end

deleted text begin (t)deleted text end new text begin (aa)new text end "Support enforcement agency" means a public officialnew text begin , governmental entity,new text end or new text begin private new text end agency authorized to:

(1) seek enforcement of support orders or laws relating to the duty of support;

(2) seek establishment or modification of child support;

(3) deleted text begin seekdeleted text end new text begin requestnew text end determination of parentagenew text begin of a childnew text end ; deleted text begin ordeleted text end

(4) new text begin attempt to new text end locate obligors or their assetsnew text begin ; ornew text end

new text begin (5) request determination of the controlling child support ordernew text end .

deleted text begin (u)deleted text end new text begin (bb)new text end "Support order" means a judgment, decree, deleted text begin ordeleted text end order, new text begin decision, or directive new text end whether temporary, final, or subject to modification, new text begin issued in a state or foreign country new text end for the benefit of a child, spouse, or former spouse, which provides for monetary support, health care, arrearages, new text begin retroactive support, new text end or reimbursementdeleted text begin , anddeleted text end new text begin for financial assistance provided to an individual obligee in place of child support. The termnew text end may include related costs and fees, interest, income withholding, new text begin automatic adjustment, reasonable new text end attorney's fees, and other relief.

deleted text begin (v)deleted text end new text begin (cc)new text end "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentagenew text begin of a childnew text end .

Sec. 2.

Minnesota Statutes 2012, section 518C.102, is amended to read:

518C.102 new text begin STATE new text end TRIBUNAL deleted text begin OF THIS STATEdeleted text end new text begin AND SUPPORT ENFORCEMENT AGENCYnew text end .

new text begin (a) new text end A court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage new text begin of a child new text end are tribunals of this state.

new text begin (b) The Department of Human Services and county enforcement agencies are the support enforcement agencies of this state. new text end

Sec. 3.

Minnesota Statutes 2012, section 518C.103, is amended to read:

518C.103 REMEDIES CUMULATIVE.

new text begin (a) new text end Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other lawnew text begin or the recognition of a foreign support order on the basis of comitynew text end .

new text begin (b) This chapter does not: new text end

new text begin (1) provide the exclusive method of establishing or enforcing a support order under the law of this state; or new text end

new text begin (2) grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or parenting time in a proceeding under this chapter. new text end

Sec. 4.

new text begin [518C.105] APPLICATION OF CHAPTER TO RESIDENT OF FOREIGN COUNTRY AND FOREIGN SUPPORT PROCEEDING. new text end

new text begin (a) A tribunal of this state shall apply sections 518C.101 to 518C.616 and, as applicable, sections 518C.701 to 518C.713, to a support proceeding involving: new text end

new text begin (1) a foreign support order; new text end

new text begin (2) a foreign tribunal; or new text end

new text begin (3) an obligee, obligor, or child residing in a foreign country. new text end

new text begin (b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of sections 518C.101 to 518C.616. new text end

new text begin (c) Sections 518C.701 to 518C.713 apply only to a support proceeding under the convention. In such a proceeding, if a provision of sections 518C.701 to 518C.713 is inconsistent with sections 518C.101 to 518C.616, sections 518C.701 to 518C.713 control. new text end

Sec. 5.

Minnesota Statutes 2012, section 518C.201, is amended to read:

518C.201 BASES FOR JURISDICTION OVER NONRESIDENT.

new text begin (a) new text end In a proceeding to establish, enforce, or modify a support order or to determine parentagenew text begin of a childnew text end , a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(1) the individual is personally served with a summons or comparable document within this state;

(2) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3) the individual resided with the child in this state;

(4) the individual resided in this state and provided prenatal expenses or support for the child;

(5) the child resides in this state as a result of the acts or directives of the individual;

(6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

(7) the individual asserted parentage new text begin of a child new text end under sections 257.51 to 257.75; or

(8) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

new text begin (b) The bases of personal jurisdiction in paragraph (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of section 518C.611 are met, or, in the case of a foreign support order, unless the requirements of section 518C.615 are met. new text end

Sec. 6.

Minnesota Statutes 2012, section 518C.202, is amended to read:

518C.202 deleted text begin PROCEDURE WHEN EXERCISINGdeleted text end new text begin DURATION OF PERSONAL new text end JURISDICTION deleted text begin OVER NONRESIDENTdeleted text end .

deleted text begin A tribunal of this state exercising personal jurisdiction over a nonresident under section 518C.201 may apply section 518C.316 to receive evidence from another state, and section 518C.318 to obtain discovery through a tribunal of another state. In all other respects, sections 518C.301 to 518C.701 do not apply and the tribunal shall apply the procedural and substantive law of this state, including the rules on choice of law other than those established by this chapter.deleted text end new text begin Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by sections 518C.205, 518C.206, and 518C.211.new text end

Sec. 7.

Minnesota Statutes 2012, section 518C.203, is amended to read:

518C.203 INITIATING AND RESPONDING TRIBUNAL OF THIS STATE.

Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to new text begin a tribunal of new text end another state and as a responding tribunal for proceedings initiated in another statenew text begin or a foreign countrynew text end .

Sec. 8.

Minnesota Statutes 2012, section 518C.204, is amended to read:

518C.204 SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE.

(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another statenew text begin or a foreign countrynew text end only if:

(1) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other statenew text begin or the foreign countrynew text end for filing a responsive pleading challenging the exercise of jurisdiction by the other statenew text begin or the foreign countrynew text end ;

(2) the contesting party timely challenges the exercise of jurisdiction in the other statenew text begin or the foreign countrynew text end ; and

(3) if relevant, this state is the home state of the child.

(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another statenew text begin or a foreign countrynew text end if:

(1) the petition or comparable pleading in the other state new text begin or foreign country new text end is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;

(2) the contesting party timely challenges the exercise of jurisdiction in this state; and

(3) if relevant, the other state new text begin or foreign country new text end is the home state of the child.

Sec. 9.

Minnesota Statutes 2012, section 518C.205, is amended to read:

518C.205 CONTINUING, EXCLUSIVE JURISDICTIONnew text begin TO MODIFY CHILD SUPPORT ORDERnew text end .

(a) A tribunal of this state deleted text begin issuingdeleted text end new text begin that has issuednew text end a support order consistent with the law of this state has new text begin and shall exercise new text end continuing, exclusive jurisdiction deleted text begin over adeleted text end new text begin to modify itsnew text end child support order deleted text begin unlessdeleted text end new text begin if the order is the controlling order andnew text end :

(1) new text begin at the time of the filing of a request for modification new text end this state is deleted text begin no longerdeleted text end the residence of the obligor, the individual obligee, deleted text begin anddeleted text end new text begin ornew text end the child for whose benefit the support order is issued; or

(2) deleted text begin all of the parties who are individuals have filed written consents with the tribunal of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdictiondeleted text end new text begin even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its ordernew text end .

(b) A tribunal of this state deleted text begin issuingdeleted text end new text begin that has issuednew text end a child support order consistent with the law of this state may not exercise deleted text begin itsdeleted text end continuingnew text begin , exclusivenew text end jurisdiction to modify the order if deleted text begin the order has been modified by a tribunal of another state pursuant to this chapter or a law substantially similar to this chapter.deleted text end new text begin :new text end

new text begin (1) all of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or new text end

new text begin (2) its order is not the controlling order. new text end

(c) If a deleted text begin child support orderdeleted text end new text begin tribunalnew text end of deleted text begin thisdeleted text end new text begin anothernew text end state deleted text begin is modified by a tribunal of another state pursuant to this chapter or a law substantially similar to this chapter, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only:deleted text end new text begin has issued a child support order pursuant to this chapter or a law substantially similar to this chapter which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.new text end

deleted text begin (1) enforce the order that was modified as to amounts accruing before the modification; deleted text end

deleted text begin (2) enforce nonmodifiable aspects of that order; and deleted text end

deleted text begin (3) provide other appropriate relief for violations of that order which occurred before the effective date of the modification. deleted text end

(d) A tribunal of this state deleted text begin shall recognize thedeleted text end new text begin that lacksnew text end continuing, exclusive jurisdiction deleted text begin of a tribunal of another state which has issued a child support order pursuant to this chapter or a law substantially similar to this chapterdeleted text end new text begin to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that statenew text end .

(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

deleted text begin (f) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state. deleted text end

Sec. 10.

Minnesota Statutes 2012, section 518C.206, is amended to read:

518C.206 ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER BY TRIBUNAL HAVING CONTINUING JURISDICTION.

(a) A tribunal of this state new text begin that has issued a child support order consistent with the law of this state new text end may serve as an initiating tribunal to request a tribunal of another state to enforce deleted text begin or modify a support order issued in that state.deleted text end new text begin :new text end

new text begin (1) the order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to this chapter or a law substantially similar to this chapter; or new text end

new text begin (2) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order. new text end

(b) A tribunal of this state having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce deleted text begin or modifydeleted text end the order. deleted text begin If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply section 518C.316 to receive evidence from another state and section 518C.318 to obtain discovery through a tribunal of another state. deleted text end

deleted text begin (c) A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state. deleted text end

Sec. 11.

Minnesota Statutes 2012, section 518C.207, is amended to read:

518C.207 RECOGNITION OF CONTROLLING CHILD SUPPORT ORDER.

(a) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal is controlling and must be recognized.

(b) If a proceeding is brought under this chapter, and two or more child support orders have been issued by tribunals of this state deleted text begin ordeleted text end new text begin ,new text end another statenew text begin , or a foreign countrynew text end with regard to the same obligor and child, a tribunal of this state new text begin having personal jurisdiction over both the obligor and the individual obligee new text end shall apply the following rules deleted text begin in determiningdeleted text end new text begin and by order shall determine new text end which order deleted text begin to recognize for purposes of continuing, exclusive jurisdictiondeleted text end new text begin controls and must be recognizednew text end :

(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal is controlling deleted text begin and must be recognizeddeleted text end .

(2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapterdeleted text begin ,deleted text end new text begin :new text end

new text begin (i)new text end an order issued by a tribunal in the current home state of the child deleted text begin must be recognized, butdeleted text end new text begin controls; ornew text end

new text begin (ii)new text end if an order has not been issued in the current home state of the child, the order most recently issued deleted text begin is controlling and must be recognizeddeleted text end new text begin controlsnew text end .

(3) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state deleted text begin having jurisdiction over the partiesdeleted text end shall issue a child support order, which deleted text begin is controlling and must be recognizeddeleted text end new text begin controlsnew text end .

(c) If two or more child support orders have been issued for the same obligor and child deleted text begin and if the obligor or the individual obligee resides in this state, a party maydeleted text end new text begin , uponnew text end request new text begin of a party who is an individual or that is a support enforcement agency, new text end a tribunal of this state deleted text begin todeleted text end new text begin having personal jurisdiction over both the obligor and the obligee who is an individual shall new text end determine which order controls deleted text begin and must be recognizeddeleted text end under paragraph (b). The new text begin request may be filed with a registration for enforcement or registration for modification pursuant to sections 518C.601 to 518C.616, or may be filed as a separate proceeding.new text end

new text begin (d) A new text end request new text begin to determine which is the controlling order new text end must be accompanied by a deleted text begin certifieddeleted text end copy of every new text begin child new text end support order in effectnew text begin and the applicable record of paymentsnew text end . The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

deleted text begin (d)deleted text end new text begin (e)new text end The tribunal that issued the new text begin controlling new text end order deleted text begin that must be recognized as controllingdeleted text end under paragraph new text begin (a), new text end (b)new text begin ,new text end or (c) deleted text begin is the tribunal thatdeleted text end has continuingdeleted text begin , exclusivedeleted text end jurisdiction deleted text begin in accordance withdeleted text end new text begin to the extent provided innew text end section 518C.205new text begin , or 518C.206new text end .

deleted text begin (e)deleted text end new text begin (f)new text end A tribunal of this state which determines by order deleted text begin the identity ofdeleted text end new text begin which isnew text end the controlling deleted text begin child supportdeleted text end order under paragraph (b), clause (1) or (2), new text begin or paragraph (c), new text end or which issues a new controlling child support order under paragraph (b), clause (3), shall deleted text begin includedeleted text end new text begin statenew text end in that ordernew text begin :new text end

new text begin (1)new text end the basis upon which the tribunal made its determinationdeleted text begin .deleted text end new text begin ;new text end

new text begin (2) the amount of prospective support, if any; and new text end

new text begin (3) the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by section 518C.209. new text end

deleted text begin (f)deleted text end new text begin (g)new text end Within 30 days after issuance of the order determining deleted text begin the identity ofdeleted text end new text begin which isnew text end the controlling order, the party obtaining that order shall file a certified copy of it with each tribunal that deleted text begin haddeleted text end issued or registered an earlier order of child support. A party deleted text begin who obtainsdeleted text end new text begin or support enforcement agency obtainingnew text end the order deleted text begin anddeleted text end new text begin thatnew text end fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

new text begin (h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter. new text end

Sec. 12.

Minnesota Statutes 2012, section 518C.208, is amended to read:

518C.208 deleted text begin MULTIPLEdeleted text end CHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES.

In responding to deleted text begin multipledeleted text end registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another statenew text begin or a foreign countrynew text end , a tribunal of this state shall enforce those orders in the same manner as if the deleted text begin multipledeleted text end orders had been issued by a tribunal of this state.

Sec. 13.

Minnesota Statutes 2012, section 518C.209, is amended to read:

518C.209 CREDIT FOR PAYMENTS.

new text begin A tribunal of this state shall credit new text end amounts collected deleted text begin and crediteddeleted text end for a particular period pursuant to deleted text begin adeleted text end new text begin any childnew text end support order deleted text begin issued by a tribunal of another state must be crediteddeleted text end against the amounts deleted text begin accruing or accrueddeleted text end new text begin owednew text end for the same period under deleted text begin adeleted text end new text begin any other childnew text end support order new text begin for the support of the same child new text end issued by the tribunal of this statenew text begin , another state, or a foreign countrynew text end .

Sec. 14.

new text begin [518C.210] APPLICATION TO NONRESIDENT SUBJECT TO PERSONAL JURISDICTION. new text end

new text begin A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to section 518C.316, communicate with a tribunal outside this state pursuant to section 518C.317, and obtain discovery through a tribunal outside this state pursuant to section 518C.318. In all other respects, sections 518C.301 to 518C.616 do not apply, and the tribunal shall apply the procedural and substantive law of this state. new text end

Sec. 15.

new text begin [518C.211] CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY SPOUSAL SUPPORT ORDER. new text end

new text begin (a) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. new text end

new text begin (b) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country. new text end

new text begin (c) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as: new text end

new text begin (1) an initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or new text end

new text begin (2) a responding tribunal to enforce or modify its own spousal support order. new text end

Sec. 16.

Minnesota Statutes 2012, section 518C.301, is amended to read:

518C.301 PROCEEDINGS UNDER THIS CHAPTER.

(a) Except as otherwise provided in this chapter, sections 518C.301 to 518C.319 apply to all proceedings under this chapter.

(b) This chapter provides for the following proceedings:

(1) establishment of an order for spousal support or child support pursuant to section 518C.401;

(2) enforcement of a support order and income-withholding order of another state new text begin or a foreign country new text end without registration pursuant to sections 518C.501 and 518C.502;

(3) registration of an order for spousal support or child support of another state new text begin or a foreign country new text end for enforcement pursuant to sections 518C.601 to 518C.612;

(4) modification of an order for child support or spousal support issued by a tribunal of this state pursuant to sections 518C.203 to 518C.206;

(5) registration of an order for child support of another state new text begin or a foreign country new text end for modification pursuant to sections 518C.601 to 518C.612;

(6) determination of parentage new text begin of a child new text end pursuant to section 518C.701; and

(7) assertion of jurisdiction over nonresidents pursuant to sections 518C.201 and 518C.202.

(c) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state new text begin or a foreign country new text end which has or can obtain personal jurisdiction over the respondent.

Sec. 17.

Minnesota Statutes 2012, section 518C.303, is amended to read:

518C.303 APPLICATION OF LAW OF THIS STATE.

Except as otherwise provided by this chapter, a responding tribunal of this statenew text begin shallnew text end :

(1) deleted text begin shalldeleted text end apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and

(2) deleted text begin shalldeleted text end determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.

Sec. 18.

Minnesota Statutes 2012, section 518C.304, is amended to read:

518C.304 DUTIES OF INITIATING TRIBUNAL.

(a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward deleted text begin three copies ofdeleted text end the petition and its accompanying documents:

(1) to the responding tribunal or appropriate support enforcement agency in the responding state; or

(2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

(b) If deleted text begin a responding state has not enacted this chapter or a law or procedure substantially similar to this chapterdeleted text end new text begin requested by the responding tribunalnew text end , a tribunal of this state deleted text begin maydeleted text end new text begin shallnew text end issue a certificate or other documents and make findings required by the law of the responding state. If the responding deleted text begin statedeleted text end new text begin tribunalnew text end is new text begin in new text end a foreign deleted text begin jurisdictiondeleted text end new text begin countrynew text end , the tribunal deleted text begin maydeleted text end new text begin of this state shallnew text end specify the amount of support soughtnew text begin , convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, new text end and provide other documents necessary to satisfy the requirements of the responding deleted text begin statedeleted text end new text begin foreign tribunalnew text end .

Sec. 19.

Minnesota Statutes 2012, section 518C.305, is amended to read:

518C.305 DUTIES AND POWERS OF RESPONDING TRIBUNAL.

(a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 518C.301, paragraph (c), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.

(b) A responding tribunal of this state, to the extent otherwise authorized by law, may do one or more of the following:

(1) deleted text begin issuedeleted text end new text begin establishnew text end or enforce a support order, modify a child support order, new text begin determine the controlling child support order, new text end or deleted text begin render a judgmentdeleted text end to determine parentagenew text begin of a childnew text end ;

(2) order an obligor to comply with a support order, specifying the amount and the manner of compliance;

(3) order income withholding;

(4) determine the amount of any arrearages, and specify a method of payment;

(5) enforce orders by civil or criminal contempt, or both;

(6) set aside property for satisfaction of the support order;

(7) place liens and order execution on the obligor's property;

(8) order an obligor to keep the tribunal informed of the obligor's current residential address, new text begin electronic mail address, new text end telephone number, employer, address of employment, and telephone number at the place of employment;

(9) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;

(10) order the obligor to seek appropriate employment by specified methods;

(11) award reasonable attorney's fees and other fees and costs; and

(12) grant any other available remedy.

(c) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.

(d) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.

(e) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

new text begin (f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported. new text end

Sec. 20.

Minnesota Statutes 2012, section 518C.306, is amended to read:

518C.306 INAPPROPRIATE TRIBUNAL.

If a petition or comparable pleading is received by an inappropriate tribunal of this state, deleted text begin itdeleted text end new text begin the tribunalnew text end shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent.

Sec. 21.

Minnesota Statutes 2012, section 518C.307, is amended to read:

518C.307 DUTIES OF SUPPORT ENFORCEMENT AGENCY.

(a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.

(b) A support enforcement agency that is providing services to the petitioner deleted text begin as appropriatedeleted text end shall:

(1) take all steps necessary to enable an appropriate tribunal deleted text begin indeleted text end new text begin ofnew text end this state deleted text begin ordeleted text end new text begin ,new text end another statenew text begin , or a foreign countrynew text end to obtain jurisdiction over the respondent;

(2) request an appropriate tribunal to set a date, time, and place for a hearing;

(3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(4) within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of deleted text begin a writtendeleted text end notice new text begin in a record new text end from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;

(5) within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of deleted text begin a writtendeleted text end communication new text begin in a record new text end from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and

(6) notify the petitioner if jurisdiction over the respondent cannot be obtained.

new text begin (c) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts: new text end

new text begin (1) to ensure that the order to be registered is the controlling order; or new text end

new text begin (2) if two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so. new text end

new text begin (d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported. new text end

new text begin (e) A support enforcement agency of this state shall request a tribunal of this state to issue a child support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to section 518C.319. new text end

deleted text begin (c)deleted text end new text begin (f)new text end This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

Sec. 22.

Minnesota Statutes 2012, section 518C.308, is amended to read:

518C.308 DUTY OF ATTORNEY GENERAL.

new text begin (a) new text end If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this chapter or may provide those services directly to the individual.

new text begin (b) The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of that determination. new text end

Sec. 23.

Minnesota Statutes 2012, section 518C.310, is amended to read:

518C.310 DUTIES OF STATE INFORMATION AGENCY.

(a) The unit within the Department of Human Services that receives and disseminates incoming interstate actions under title IV-D of the Social Security Act is the State Information Agency under this chapter.

(b) The State Information Agency shall:

(1) compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;

(2) maintain a register of tribunals and support enforcement agencies received from other states;

(3) forward to the appropriate tribunal in the place in this state in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from deleted text begin an initiating tribunal or the state information agency of the initiatingdeleted text end new text begin anothernew text end statenew text begin or a foreign countrynew text end ; and

(4) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and Social Security.

Sec. 24.

Minnesota Statutes 2012, section 518C.311, is amended to read:

518C.311 PLEADINGS AND ACCOMPANYING DOCUMENTS.

(a) A petitioner seeking to establish or modify a support order deleted text begin or todeleted text end new text begin ,new text end determine parentage new text begin of a child, or register and modify a support order of a tribunal of another state or a foreign country, new text end in a proceeding under this chapter must deleted text begin verify thedeleted text end new text begin file anew text end petition. Unless otherwise ordered under section 518C.312, the petition or accompanying documents must provide, so far as known, the name, residential address, and Social Security numbers of the obligor and the obligee, and the name, sex, residential address, Social Security number, and date of birth of each child for whom support is soughtnew text begin or whose parenthood is to be determinednew text end . The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent.

(b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.

Sec. 25.

Minnesota Statutes 2012, section 518C.312, is amended to read:

518C.312 NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES.

deleted text begin Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this chapter. deleted text end new text begin If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice. new text end

Sec. 26.

Minnesota Statutes 2012, section 518C.313, is amended to read:

518C.313 COSTS AND FEES.

(a) The petitioner may not be required to pay a filing fee or other costs.

(b) If an obligee prevails, a responding tribunal new text begin of this state new text end may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding statenew text begin or foreign countrynew text end , except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.

(c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under sections 518C.601 to deleted text begin 518C.612deleted text end new text begin 518C.616new text end , a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

Sec. 27.

Minnesota Statutes 2012, section 518C.314, is amended to read:

518C.314 LIMITED IMMUNITY OF PETITIONER.

(a) Participation by a petitioner in a proceeding new text begin under this chapter new text end before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

(b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.

(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while present in this state to participate in the proceeding.

Sec. 28.

Minnesota Statutes 2012, section 518C.316, is amended to read:

518C.316 SPECIAL RULES OF EVIDENCE AND PROCEDURE.

(a) The physical presence of the petitioner in a responding tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentagenew text begin of a childnew text end .

(b) A verified petition, affidavit, document substantially complying with federally mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing deleted text begin in anotherdeleted text end new text begin outside thisnew text end state.

(c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.

(d) Copies of bills for testing for parentagenew text begin of a childnew text end , and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from deleted text begin anotherdeleted text end new text begin outside thisnew text end state to a tribunal of this state by telephone, telecopier, or other new text begin electronic new text end means that do not provide an original deleted text begin writingdeleted text end new text begin recordnew text end may not be excluded from evidence on an objection based on the means of transmission.

(f) In a proceeding under this chapter, a tribunal of this state deleted text begin maydeleted text end new text begin shallnew text end permit a party or witness residing deleted text begin in anotherdeleted text end new text begin outside thisnew text end state to be deposed or to testify new text begin under penalty of perjury new text end by telephone, audiovisual means, or other electronic means at a designated tribunal or other location deleted text begin in that statedeleted text end . A tribunal of this state shall cooperate with new text begin other new text end tribunals deleted text begin of other statesdeleted text end in designating an appropriate location for the deposition or testimony.

(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.

(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.

new text begin (j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of a child. new text end

Sec. 29.

Minnesota Statutes 2012, section 518C.317, is amended to read:

518C.317 COMMUNICATIONS BETWEEN TRIBUNALS.

A tribunal of this state may communicate with a tribunal deleted text begin of anotherdeleted text end new text begin outside thisnew text end state in writing, new text begin by e-mail, new text end or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding deleted text begin in the other statedeleted text end . A tribunal of this state may furnish similar information by similar means to a tribunal deleted text begin of anotherdeleted text end new text begin outside thisnew text end state.

Sec. 30.

Minnesota Statutes 2012, section 518C.318, is amended to read:

518C.318 ASSISTANCE WITH DISCOVERY.

A tribunal of this state may:

(1) request a tribunal deleted text begin of anotherdeleted text end new text begin outside thisnew text end state to assist in obtaining discovery; and

(2) upon request, compel a person over deleted text begin whomdeleted text end new text begin whichnew text end it has jurisdiction to respond to a discovery order issued by a tribunal deleted text begin of anotherdeleted text end new text begin outside thisnew text end state.

Sec. 31.

Minnesota Statutes 2012, section 518C.319, is amended to read:

518C.319 RECEIPT AND DISBURSEMENT OF PAYMENTS.

new text begin (a) new text end A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state new text begin or a foreign country new text end a certified statement by the custodian of the record of the amounts and dates of all payments received.

new text begin (b) If neither the obligor, not the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall: new text end

new text begin (1) direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and new text end

new text begin (2) issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments. new text end

new text begin (c) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to paragraph (b) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received. new text end

Sec. 32.

Minnesota Statutes 2012, section 518C.401, is amended to read:

518C.401 deleted text begin PETITION TO ESTABLISHdeleted text end new text begin ESTABLISHMENT OFnew text end SUPPORT ORDER.

(a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state new text begin with personal jurisdiction over the parties new text end may issue a support order if:

(1) the individual seeking the order resides deleted text begin in anotherdeleted text end new text begin outside thisnew text end state; or

(2) the support enforcement agency seeking the order is located deleted text begin in anotherdeleted text end new text begin outside thisnew text end state.

(b) The tribunal may issue a temporary child support order ifnew text begin the tribunal determines that such an order is appropriate and the individual ordered to pay isnew text end :

deleted text begin (1) the respondent has signed a verified statement acknowledging parentage; deleted text end

deleted text begin (2) the respondent has been determined by law to be the parent; or deleted text end

deleted text begin (3) there is other clear and convincing evidence that the respondent is the child's parent. deleted text end

new text begin (1) a presumed father of the child; new text end

new text begin (2) petitioning to have his paternity adjudicated; new text end

new text begin (3) identified as the father of the child through genetic testing; new text end

new text begin (4) an alleged father who has declined to submit to genetic testing; new text end

new text begin (5) shown by clear and convincing evidence to be the father of the child; new text end

new text begin (6) an acknowledged father as provided by section 257.55; new text end

new text begin (7) the mother of the child; or new text end

new text begin (8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated. new text end

(c) Upon a finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders according to section 518C.305.

Sec. 33.

new text begin [518C.402] PROCEEDING TO DETERMINE PARENTAGE. new text end

new text begin A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter. new text end

Sec. 34.

Minnesota Statutes 2012, section 518C.501, is amended to read:

518C.501 EMPLOYER'S RECEIPT OF INCOME-WITHHOLDING ORDER OF ANOTHER STATE.

An income-withholding order issued in another state may be sent new text begin by or on behalf of the obligee, or by the support enforcement agency, new text end to the person deleted text begin or entitydeleted text end defined as the obligor's employer under section 518A.53 without first filing a petition or comparable pleading or registering the order with a tribunal of this state.

Sec. 35.

Minnesota Statutes 2012, section 518C.503, is amended to read:

518C.503 new text begin EMPLOYER'S new text end COMPLIANCE WITH deleted text begin MULTIPLEdeleted text end new text begin TWO OR MOREnew text end INCOME-WITHHOLDING ORDERS.

If the obligor's employer receives deleted text begin multipledeleted text end new text begin two or more income-withholdingnew text end orders new text begin with respect new text end to deleted text begin withhold support fromdeleted text end the earnings of the same obligor, the employer satisfies the terms of the deleted text begin multipledeleted text end orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for deleted text begin multipledeleted text end new text begin two or morenew text end child support obligees.

Sec. 36.

Minnesota Statutes 2012, section 518C.504, is amended to read:

518C.504 IMMUNITY FROM CIVIL LIABILITY.

An employer deleted text begin whodeleted text end new text begin thatnew text end complies with an income-withholding order issued in another state in accordance with this chapter is not subject to civil liability to any individual or agency with regard to the employer's withholding new text begin of new text end child support from the obligor's income.

Sec. 37.

Minnesota Statutes 2012, section 518C.505, is amended to read:

518C.505 PENALTIES FOR NONCOMPLIANCE.

An employer deleted text begin whodeleted text end new text begin thatnew text end willfully fails to comply with an income-withholding order issued deleted text begin bydeleted text end new text begin innew text end another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

Sec. 38.

Minnesota Statutes 2012, section 518C.506, is amended to read:

518C.506 CONTEST BY OBLIGOR.

(a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state new text begin by registering the order in a tribunal of this state and filing a contest to that order as provided in sections 518C.601 to 518C.616, or otherwise contesting the order new text end in the same manner as if the order had been issued by a tribunal of this state. deleted text begin Section 518C.604 applies to the contest. deleted text end

(b) The obligor shall give notice of the contest to:

(1) a support enforcement agency providing services to the obligee;

(2) each employer deleted text begin whichdeleted text end new text begin thatnew text end has directly received an income-withholding ordernew text begin relating to the obligornew text end ; and

(3) the person or agency designated to receive payments in the income-withholding order or, if no person or agency is designated, to the obligee.

Sec. 39.

Minnesota Statutes 2012, section 518C.508, is amended to read:

518C.508 ADMINISTRATIVE ENFORCEMENT OF ORDERS.

(a) A party new text begin or support enforcement agency new text end seeking to enforce a support order or an income-withholding order, or both, issued deleted text begin by a tribunal ofdeleted text end new text begin innew text end another state new text begin or a foreign support order new text end may send the documents required for registering the order to a support enforcement agency of this state.

(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and deleted text begin maydeleted text end new text begin , if appropriate,new text end use any administrative procedure authorized by the laws of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order under this chapter.

Sec. 40.

Minnesota Statutes 2012, section 518C.601, is amended to read:

518C.601 REGISTRATION OF ORDER FOR ENFORCEMENT.

A support order or an income-withholding order issued deleted text begin by a tribunal ofdeleted text end new text begin innew text end another state new text begin or a foreign support order new text end may be registered in this state for enforcement.

Sec. 41.

Minnesota Statutes 2012, section 518C.602, is amended to read:

518C.602 PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT.

(a) new text begin Except as otherwise provided in section 518C.706, new text end a support order or income-withholding order of another state new text begin or a foreign support order new text end may be registered in this state by sending the following documents deleted text begin and informationdeleted text end to the registering tribunal in this state:

(1) a letter of transmittal to the tribunal requesting registration and enforcement;

(2) two copies, including one certified copy, of deleted text begin all ordersdeleted text end new text begin the ordernew text end to be registered, including any modification of deleted text begin andeleted text end new text begin thenew text end order;

(3) a sworn statement by the deleted text begin partydeleted text end new text begin personnew text end seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(4) the name of the obligor and, if known:

(i) the obligor's address and Social Security number;

(ii) the name and address of the obligor's employer and any other source of income of the obligor; and

(iii) a description and the location of property of the obligor in this state not exempt from execution; and

(5) new text begin except as otherwise provided in section 518C.312, new text end the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.

(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as deleted text begin a foreign judgmentdeleted text end new text begin an order of a tribunal of another state or a foreign support ordernew text end , together with one copy of the documents and information, regardless of their form.

(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

new text begin (d) If two or more orders are in effect, the person requesting registration shall: new text end

new text begin (1) furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section; new text end

new text begin (2) specify the order alleged to be the controlling order, if any; and new text end

new text begin (3) specify the amount of consolidated arrears, if any. new text end

new text begin (e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party who rights may be affected by the determination. new text end

Sec. 42.

Minnesota Statutes 2012, section 518C.603, is amended to read:

518C.603 EFFECT OF REGISTRATION FOR ENFORCEMENT.

(a) A support order or income-withholding order issued in another state new text begin or a foreign support order new text end is registered when the order is filed in the registering tribunal of this state.

(b) A registered new text begin support new text end order issued in another state new text begin or a foreign country new text end is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

(c) Except as otherwise provided in this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered new text begin support new text end order if the issuing tribunal had jurisdiction.

Sec. 43.

Minnesota Statutes 2012, section 518C.604, is amended to read:

518C.604 CHOICE OF LAW.

(a) new text begin Except as otherwise provided in paragraph (d), new text end the law of the issuing state new text begin or foreign country new text end governsnew text begin :new text end

new text begin (1)new text end the nature, extent, amount, and duration of current payments deleted text begin anddeleted text end new text begin under a registered support order;new text end

new text begin (2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and new text end

new text begin (3) the existence and satisfaction ofnew text end other obligations deleted text begin of support and the payment of arrearagesdeleted text end under the new text begin support new text end order.

(b) In a proceeding for arrearages, the statute of limitation under the laws of this state or of the issuing statenew text begin or foreign countrynew text end , whichever is longer, applies.

new text begin (c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state. new text end

new text begin (d) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears. new text end

Sec. 44.

Minnesota Statutes 2012, section 518C.605, is amended to read:

518C.605 NOTICE OF REGISTRATION OF ORDER.

(a) When a support order or income-withholding order issued in another state new text begin or foreign support order new text end is registered, the registering tribunal new text begin of this state new text end shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(b) The notice must inform the nonregistering party:

(1) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(2) that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after noticenew text begin unless the registered order is under section 518C.707new text end ;

(3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and

(4) of the amount of any alleged arrearages.

new text begin (c) If the registering party asserts that two or more orders are in effect, a notice must also: new text end

new text begin (1) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any; new text end

new text begin (2) notify the nonregistering party of the right to a determination of which is the controlling order; new text end

new text begin (3) state that the procedures provided in paragraph (b) apply to the determination of which is the controlling order; and new text end

new text begin (4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order. new text end

deleted text begin (c)deleted text end new text begin (d)new text end Upon registration of an income-withholding order for enforcement, new text begin the support enforcement agency, or new text end the registering tribunal shall notify the obligor's employer pursuant to section 518A.53.

Sec. 45.

Minnesota Statutes 2012, section 518C.606, is amended to read:

518C.606 PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGISTERED new text begin SUPPORT new text end ORDER.

(a) A nonregistering party seeking to contest the validity or enforcement of a registered new text begin support new text end order in this state shall request a hearing within deleted text begin 20 days after notice of the registrationdeleted text end new text begin the time required by section 518C.605new text end . The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 518C.607.

(b) If the nonregistering party fails to contest the validity or enforcement of the registered new text begin support new text end order in a timely manner, the order is confirmed by operation of law.

(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered new text begin support new text end order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

Sec. 46.

Minnesota Statutes 2012, section 518C.607, is amended to read:

518C.607 CONTEST OF REGISTRATION OR ENFORCEMENT.

(a) A party contesting the validity or enforcement of a registered new text begin support new text end order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(1) the issuing tribunal lacked personal jurisdiction over the contesting party;

(2) the order was obtained by fraud;

(3) the order has been vacated, suspended, or modified by a later order;

(4) the issuing tribunal has stayed the order pending appeal;

(5) there is a defense under the law of this state to the remedy sought;

(6) full or partial payment has been made; or

(7) the statute of limitation under section 518C.604 precludes enforcement of some or all of the arrearagesdeleted text begin .deleted text end new text begin ; ornew text end

new text begin (8) the alleged controlling order is not the controlling order. new text end

(b) If a party presents evidence establishing a full or partial defense under paragraph (a), a tribunal may stay enforcement of deleted text begin thedeleted text end new text begin anew text end registered new text begin support new text end order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered new text begin support new text end order may be enforced by all remedies available under the law of this state.

(c) If the contesting party does not establish a defense under paragraph (a) to the validity or enforcement of deleted text begin thedeleted text end new text begin a registered supportnew text end order, the registering tribunal shall issue an order confirming the order.

Sec. 47.

Minnesota Statutes 2012, section 518C.608, is amended to read:

518C.608 CONFIRMED ORDER.

Confirmation of a registered new text begin support new text end order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

Sec. 48.

Minnesota Statutes 2012, section 518C.609, is amended to read:

518C.609 PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF ANOTHER STATE FOR MODIFICATION.

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in sections 518C.601 to deleted text begin 518C.604deleted text end new text begin 518C.608new text end if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.

Sec. 49.

Minnesota Statutes 2012, section 518C.610, is amended to read:

518C.610 EFFECT OF REGISTRATION FOR MODIFICATION.

A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered new text begin support new text end order may be modified only if the requirements of section 518C.611new text begin or 518C.613new text end have been met.

Sec. 50.

Minnesota Statutes 2012, section 518C.611, is amended to read:

518C.611 MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE.

(a) deleted text begin After a child support order issued in another state has been registered in this state, the respondingdeleted text end new text begin If section 518C.613 does not apply, upon petition anew text end tribunal of this state may modify deleted text begin that order only if section 518C.613 does not apply anddeleted text end new text begin a child support order issued in another state that is registered in this state if, new text end after notice and hearing, it finds that:

(1) the following requirements are met:

(i) new text begin neither new text end the child, new text begin nor new text end the deleted text begin individualdeleted text end obligeenew text begin who is an individualnew text end , deleted text begin anddeleted text end new text begin nornew text end the obligor deleted text begin do not residedeleted text end new text begin residesnew text end in the issuing state;

(ii) a petitioner who is a nonresident of this state seeks modification; and

(iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or

(2) new text begin this state is the residence of new text end the child, or a party who is an individualdeleted text begin ,deleted text end is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed written consents new text begin in a record new text end in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. deleted text begin However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures in this chapter, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.deleted text end

(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

(c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing statenew text begin , including the duration of the obligation of supportnew text end . If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be recognized under section 518C.207 establishes the aspects of the support order which are nonmodifiable.

new text begin (d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state. new text end

deleted text begin (d)deleted text end new text begin (e)new text end On issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal deleted text begin ofdeleted text end new text begin havingnew text end continuing, exclusive jurisdiction.

new text begin (f) Notwithstanding paragraphs (a) to (d) and section 518C.201, paragraph (b), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if: new text end

new text begin (1) one party resides in another state; and new text end

new text begin (2) the other party resides outside the United States. new text end

Sec. 51.

Minnesota Statutes 2012, section 518C.612, is amended to read:

518C.612 RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.

new text begin If a child support order issued by new text end a tribunal of this state deleted text begin shall recognize a modification of its earlier child support orderdeleted text end new text begin is modifiednew text end by a tribunal of another state which assumed jurisdiction according to this chapter or a law substantially similar to this chapter deleted text begin and, upon request, except as otherwise provided in this chapter, shalldeleted text end new text begin a tribunal of this statenew text end :

(1) new text begin may new text end enforce deleted text begin thedeleted text end new text begin itsnew text end order that was modified only as to deleted text begin amountsdeleted text end new text begin arrears and interestnew text end accruing before the modification;

deleted text begin (2) enforce only nonmodifiable aspects of that order; deleted text end

deleted text begin (3)deleted text end new text begin (2) may new text end provide deleted text begin otherdeleted text end appropriate relief deleted text begin onlydeleted text end for violations of deleted text begin thatdeleted text end new text begin itsnew text end order which occurred before the effective date of the modification; and

deleted text begin (4)deleted text end new text begin (3) shallnew text end recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

Sec. 52.

Minnesota Statutes 2012, section 518C.613, is amended to read:

518C.613 JURISDICTION TO MODIFY SUPPORT ORDER OF ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.

(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.

(b) A tribunal of this state exercising jurisdiction as provided in this section shall apply sections 518C.101 to 518C.209 and 518C.601 to deleted text begin 518C.614deleted text end new text begin 518C.616 new text end to the enforcement or modification proceeding. Sections 518C.301 to deleted text begin 518C.507deleted text end new text begin 518C.508 new text end and 518C.701 to 518C.802 do not apply and the tribunal shall apply the procedural and substantive law of this state.

Sec. 53.

new text begin [518C.615] JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN COUNTRY. new text end

new text begin (a) Except as otherwise provided in section 518C.711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to section 518C.611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country. new text end

new text begin (b) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order. new text end

Sec. 54.

new text begin [518C.616] PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF FOREIGN COUNTRY FOR MODIFICATION. new text end

new text begin A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under sections 518C.601 to 518C.608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification. new text end

Sec. 55.

Minnesota Statutes 2012, section 518C.701, is amended to read:

518C.701 deleted text begin PROCEEDING TO DETERMINE PARENTAGEdeleted text end new text begin DEFINITIONSnew text end .

new text begin In sections 518C.701 to 518C.713: new text end

(a) deleted text begin A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this chapter or a law or procedure substantially similar to this chapter, or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that childdeleted text end new text begin "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authoritynew text end .

(b) deleted text begin In a proceeding to determine parentage, a responding tribunal of this state shall apply the Parentage Act, sections 257.51 to 257.74, and the rules of this state on choice of lawdeleted text end new text begin "Central authority" means the entity designated by the United States or a foreign country described in section 518C.101, paragraph (e), clause (4), to perform the functions specified in the conventionnew text end .

new text begin (c) "Convention support order" means a support order of a tribunal of a foreign country described in section 518C.101, paragraph (e), clause (4). new text end

new text begin (d) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States. new text end

new text begin (e) "Foreign central authority" means the entity designated by a foreign country described in section 518C.101, paragraph (e), clause (4), to perform the functions specified in the convention. new text end

new text begin (f) "Foreign support agreement": new text end

new text begin (1) means an agreement for support in a record that: new text end

new text begin (i) is enforceable as a support order in the country of origin; new text end

new text begin (ii) has been: new text end

new text begin (A) formally drawn up or registered as an authentic instrument by a foreign tribunal; or new text end

new text begin (B) authenticated by, or concluded, registered, or filed with a foreign tribunal; and new text end

new text begin (iii) may be reviewed and modified by a foreign tribunal; and new text end

new text begin (2) includes a maintenance arrangement or authentic instrument under the convention. new text end

new text begin (g) "United States central authority" means the Secretary of the United States Department of Health and Human Services. new text end

Sec. 56.

new text begin [518C.702] APPLICABILITY. new text end

new text begin Sections 518C.701 to 518C.713 apply only to a support proceeding under the convention. In such a proceeding, if a provision of sections 518C.701 to 518C.713 is inconsistent with sections 518C.101 to 518C.616, sections 518C.701 to 518C.713 control. new text end

Sec. 57.

new text begin [518C.703] RELATIONSHIP OF DEPARTMENT OF HUMAN SERVICES TO UNITED STATES CENTRAL AUTHORITY. new text end

new text begin The Department of Human Services of this state is recognized as the agency designated by the United States central authority to perform specific functions under the convention. new text end

Sec. 58.

new text begin [518C.704] INITIATION BY DEPARTMENT OF HUMAN SERVICES OF SUPPORT PROCEEDING UNDER CONVENTION. new text end

new text begin (a) In a support proceeding under sections 518C.701 to 518C.713, the Department of Human Services of this state shall: new text end

new text begin (1) transmit and receive applications; and new text end

new text begin (2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state. new text end

new text begin (b) The following support proceedings are available to an obligee under the convention: new text end

new text begin (1) recognition or recognition and enforcement of a foreign support order; new text end

new text begin (2) enforcement of a support order issued or recognized in this state; new text end

new text begin (3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child; new text end

new text begin (4) establishment of a support order if recognition of a foreign support order is refused under section 518C.708, paragraph (b), clause (2), (4), or (9); new text end

new text begin (5) modification of a support order of a tribunal of this state; and new text end

new text begin (6) modification of a support order of a tribunal of another state or a foreign country. new text end

new text begin (c) The following support proceedings are available under the convention to an obligor against which there is an existing support order: new text end

new text begin (1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state; new text end

new text begin (2) modification of a support order of a tribunal of this state; and new text end

new text begin (3) modification of a support order of a tribunal of another state or a foreign country. new text end

new text begin (d) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention. new text end

Sec. 59.

new text begin [518C.705] DIRECT REQUEST. new text end

new text begin (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies. new text end

new text begin (b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 518C.706 to 518C.713 apply. new text end

new text begin (c) In a direct request for recognition and enforcement of a convention support order or foreign support agreement: new text end

new text begin (1) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and new text end

new text begin (2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances. new text end

new text begin (d) A petitioner filing a direct request is not entitled to assistance from the Department of Human Services. new text end

new text begin (e) Sections 518C.701 to 518C.713 do not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement. new text end

Sec. 60.

new text begin [518C.706] REGISTRATION OF CONVENTION SUPPORT ORDER. new text end

new text begin (a) Except as otherwise provided in sections 518C.701 to 518C.713, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in sections 518C.601 to 518C.616. new text end

new text begin (b) Notwithstanding sections 518C.311 and 518C.602, paragraph (a), a request for registration of a convention support order must be accompanied by: new text end

new text begin (1) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law; new text end

new text begin (2) a record stating that the support order is enforceable in the issuing country; new text end

new text begin (3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; new text end

new text begin (4) a record showing the amount of arrears, if any, and the date the amount was calculated; new text end

new text begin (5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and new text end

new text begin (6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country. new text end

new text begin (c) A request for registration of a convention support order may seek recognition and partial enforcement of the order. new text end

new text begin (d) A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under section 518C.707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy. new text end

new text begin (e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order. new text end

Sec. 61.

new text begin [518C.707] CONTEST OF REGISTERED CONVENTION SUPPORT ORDER. new text end

new text begin (a) Except as otherwise provided in sections 518C.701 to 518C.713, sections 518C.605 to 518C.608 apply to a contest of a registered convention support order. new text end

new text begin (b) A party contesting a registered convention support order shall file a contest no later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed no later than 60 days after notice of the registration. new text end

new text begin (c) If the nonregistering party fails to contest the registered convention support order by the time specified in paragraph (b), the order is enforceable. new text end

new text begin (d) A contest of a registered convention support order may be based only on grounds set forth in section 518C.708. The contesting party bears the burden of proof. new text end

new text begin (e) In a contest of a registered convention support order, a tribunal of this state: new text end

new text begin (1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and new text end

new text begin (2) may not review the merits of the order. new text end

new text begin (f) A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision. new text end

new text begin (g) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances. new text end

Sec. 62.

new text begin [518C.708] RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION SUPPORT ORDER. new text end

new text begin (a) Except as otherwise provided in paragraph (b), a tribunal of this state shall recognize and enforce a registered convention support order. new text end

new text begin (b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order: new text end

new text begin (1) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard; new text end

new text begin (2) the issuing tribunal lacked personal jurisdiction consistent with section 518C.201; new text end

new text begin (3) the order is not enforceable in the issuing country; new text end

new text begin (4) the order was obtained by fraud in connection with a matter of procedure; new text end

new text begin (5) a record transmitted in accordance with section 518C.706 lacks authenticity or integrity; new text end

new text begin (6) a proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed; new text end

new text begin (7) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state; new text end

new text begin (8) payment, to the extent alleged arrears have been paid in whole or in part; new text end

new text begin (9) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country: new text end

new text begin (i) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or new text end

new text begin (ii) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or new text end

new text begin (10) the order was made in violation of section 518C.711. new text end

new text begin (c) If a tribunal of this state does not recognize a convention support order under paragraph (b), clause (2), (4), or (9): new text end

new text begin (1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and new text end

new text begin (2) the Department of Human Services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 518C.704. new text end

Sec. 63.

new text begin [518C.709] PARTIAL ENFORCEMENT. new text end

new text begin If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order. new text end

Sec. 64.

new text begin [518C.710] FOREIGN SUPPORT AGREEMENT. new text end

new text begin (a) Except as otherwise provided in paragraphs (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state. new text end

new text begin (b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: new text end

new text begin (1) a complete text of the foreign support agreement; and new text end

new text begin (2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country. new text end

new text begin (c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy. new text end

new text begin (d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds: new text end

new text begin (1) recognition and enforcement of the agreement is manifestly incompatible with public policy; new text end

new text begin (2) the agreement was obtained by fraud or falsification; new text end

new text begin (3) the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or new text end

new text begin (4) the record submitted under paragraph (b) lacks authenticity or integrity. new text end

new text begin (e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. new text end

Sec. 65.

new text begin [518C.711] MODIFICATION OF CONVENTION CHILD SUPPORT ORDER. new text end

new text begin (a) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless: new text end

new text begin (1) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or new text end

new text begin (2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order. new text end

new text begin (b) If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, section 518C.708, paragraph (c), applies. new text end

Sec. 66.

new text begin [518C.712] PERSONAL INFORMATION; LIMIT ON USE. new text end

new text begin Personal information gathered or transmitted under sections 518C.701 to 518C.713 may be used only for the purposes for which it was gathered or transmitted. new text end

Sec. 67.

new text begin [518C.713] RECORD IN ORIGINAL LANGUAGE; ENGLISH TRANSLATION. new text end

new text begin A record filed with a tribunal of this state under sections 518C.701 to 518C.713 must be in the original language and, if not in English, must be accompanied by an English translation. new text end

Sec. 68.

Minnesota Statutes 2012, section 518C.801, is amended to read:

518C.801 GROUNDS FOR RENDITION.

(a) For purposes of deleted text begin this articledeleted text end new text begin this section and section 518C.802new text end , "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.

(b) The governor of this state may:

(1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

(2) on the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

(c) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled deleted text begin therefromdeleted text end new text begin from the demanding statenew text end .

Sec. 69.

Minnesota Statutes 2012, section 518C.902, is amended to read:

518C.902 deleted text begin SHORT TITLEdeleted text end new text begin TRANSITIONAL PROVISIONnew text end .

This chapter deleted text begin may be cited as the "Uniform Interstate Family Support Act."deleted text end new text begin applies to proceedings begun on or after the effective date of this act to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.new text end

Sec. 70.

new text begin [518C.905] SHORT TITLE. new text end

new text begin This chapter may be cited as the "Uniform Interstate Family Support Act." new text end

Sec. 71.

new text begin REVISOR'S INSTRUCTION. new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 518C.5025, as Minnesota Statutes, section 518C.502, and Minnesota Statutes, section 518C.508, as Minnesota Statutes, section 518C.507, and correct any references in Minnesota Statutes or Minnesota Rules to those sections. new text end

Sec. 72.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2012, section 518C.502, new text end new text begin is repealed. new text end

Sec. 73.

new text begin EFFECTIVE DATE. new text end

new text begin This act becomes effective on the date that the United States deposits the instrument of ratification for the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance with the Hague Conference on Private International Law. new text end

Presented to the governor April 30, 2014

Signed by the governor May 1, 2014, 9:36 a.m.

Official Publication of the State of Minnesota
Revisor of Statutes