1.1 	A bill for an act
1.2 	relating to family law; requiring evidence to show the public authority's interest 
1.3 	in IV-D cases; requiring a waiver of income withholding;amending Minnesota 
1.4 	Statutes 2004, sections 518.551, subdivision 9; 518.6111, subdivision 16.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 518.551, subdivision 9, is amended to read:
1.7 		Subd. 9.Assignment of rights; judgment. (a) The public agency responsible for 
1.8 	child support enforcement is joined as a party in each case in which rights are assigned 
1.9 	under section   256.741, subdivision 2. The court administrator shall enter and docket a 
1.10 	judgment obtained by operation of law under section   548.091, subdivision 1, in the name 
1.11 	of the public agency to the extent that the obligation has been assigned. When arrearages 
1.12 	are reduced to judgment under circumstances in which section   548.091 is not applicable, 
1.13 	the court shall grant judgment in favor of, and in the name of, the public agency to the 
1.14 	extent that the arrearages are assigned. After filing notice of an assignment with the court 
1.15 	administrator, who shall enter the notice in the docket, the public agency may enforce a 
1.16 	judgment entered before the assignment of rights as if the judgment were granted to it, and 
1.17 	in its name, to the extent that the arrearages in that judgment are assigned. 
1.18 	(b) The public authority is a real party in interest in any IV-D case where there 
1.19 	has been an assignment of support. In all other IV-D cases, the public authority has a 
1.20 	pecuniary interest, as well as an interest in the welfare of the children involved in those 
1.21 	cases, upon a showing of evidence establishing that interest. The public authority may 
1.22 	intervene as a matter of right in those cases to ensure that child support orders are obtained 
1.23 	and enforced which provide for an appropriate and accurate level of child, medical, and 
1.24 	child care support. If the public authority participates in a IV-D case where the action 
2.1 	taken by the public authority requires the use of an attorney's services, the public authority 
2.2 	shall be represented by an attorney consistent with the provisions in section   518.255. 

2.3 	Sec. 2. Minnesota Statutes 2004, section 518.6111, subdivision 16, is amended to read:
2.4 		Subd. 16.Waiver. (a) If the public authority is providing child support and 
2.5 	maintenance enforcement services and child support or maintenance is not assigned under 
2.6 	section  256.741, the court may waive the requirements of this section if: 
2.7 	(1) one party demonstrates and the court determines there is good cause to waive the 
2.8 	requirements of this section or to terminate an order for or notice of income withholding 
2.9 	previously entered under this section. The court must make written findings to include 
2.10 	the reasons income withholding would not be in the best interests of the child. In cases 
2.11 	involving a modification of support, the court must also make a finding that support 
2.12 	payments have been timely made; or
2.13 	(2) the obligee and obligor sign a written agreement providing for an alternative 
2.14 	payment arrangement which is reviewed and entered in the record by the court.
2.15 	(b) If the public authority is not providing child support and maintenance 
2.16 	enforcement services and child support or maintenance is not assigned under section  
2.17 	256.741, the court may shall waive the requirements of this section if the parties sign a 
2.18 	written agreement. 
2.19 	(c) If the court waives income withholding, the obligee or obligor may at any time 
2.20 	request income withholding under subdivision 7.
2.21 	(d) The public authority shall notify the parties of their right to waive income 
2.22 	withholding under this section.