HF 3344

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/04/2018 11:00am

A bill for an act
relating to children; modifying child support determination; modifying certain
payments of child support arrearages; amending Minnesota Statutes 2016, section
518A.35, subdivision 1; Minnesota Statutes 2017 Supplement, section 518A.53,
subdivision 11.

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

Section 1.

Minnesota Statutes 2016, section 518A.35, subdivision 1, is amended to read:

Subdivision 1.

Determination of support obligation.

(a) The guideline in this section
is a rebuttable presumption and shall be used in any judicial or administrative proceeding
to establish or modify a support obligation under this chapter.

(b) The basic child support obligation shall be determined by referencing the guideline
for the appropriate number of joint children and the combined parental income for
determining child support of the parents.

(c) If a child is not in the custody of either parent and a support order is sought against
one or both parents, the basic child support obligation shall be determined by referencing
the guideline for the appropriate number of joint children, and the parent's individual parental
income for determining child support, not the combined parental incomes for determining
child support of the parents. Unless a parent has court-ordered parenting time, the parenting
expense adjustment formula under section 518A.34 must not be applied.

(d) If a child is in custody of either parent and a support order is sought deleted text begin by the public
authority deleted text end new text begin in an action involving only one parent new text end under section 256.87, unless the parent
against whom the support order is sought has court-ordered parenting time, the support
obligation must be determined by referencing the guideline for the appropriate number of
joint children and the parent's individual income without application of the parenting expense
adjustment formula under section 518A.34.

(e) For combined parental incomes for determining child support exceeding $15,000
per month, the presumed basic child support obligations shall be as for parents with combined
parental income for determining child support of $15,000 per month. A basic child support
obligation in excess of this level may be demonstrated for those reasons set forth in section
518A.43.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 518A.53, subdivision 11, is amended
to read:

Subd. 11.

Lump-sum payments.

Before transmittal to the obligor of a lump-sum payment
of $500 or more including, but not limited to, severance pay, accumulated sick pay, vacation
pay, bonuses, commissions, or other pay or benefits, a payor of funds:

(1) who has been served with an order for or notice of income withholding under this
section shall:

(i) notify the public authority of the lump-sum payment that is to be paid to the obligor;

(ii) hold the lump-sum payment for 30 days after the date on which the lump-sum payment
would otherwise have been paid to the obligor, notwithstanding sections 176.221, 176.225,
176.521, 181.08, 181.101, 181.11, 181.13, and 181.145; and

(iii) upon order of the court, and after a showing of past willful nonpayment of support,
pay any specified amount of the lump-sum payment to the public authority for future support;
or

(2) shall pay the lessor of the amount of the lump-sum payment or the total amount of
the judgment and arrearages upon service by United States mail of a sworn affidavit from
the public authority or a court order that includes the following information:

(i) that a judgment entered pursuant to section 548.091, subdivision 1a, exists against
the obligor, or that other support arrearages exist;

(ii) the current balance of the judgment or arrearage; and

(iii) that a portion of the judgment or arrearage remains unpaid.

deleted text begin The Consumer Credit Protection Act, title 15 of the United States Code, section 1673(b),
does not apply to lump-sum payments.
deleted text end