Minnesota Administrative Rules

9500.1655 DEFINITIONS.

Subpart 1.

Scope.

For the purposes of parts 9500.1650 to 9500.1663, the following terms have the meanings given to them in this part.

Subp. 2.

Admission of paternity.

"Admission of paternity" means a written acknowledgment by a male that he is the biological father of a child.

Subp. 3.

[Repealed, 32 SR 565]

Subp. 4.

Alleged father.

"Alleged father" means a male alleged to be the biological father of a child.

Subp. 5.

Blood test.

"Blood test" means a test using blood group identification of a mother, child, and alleged father that is used to predict the probability or exclude the possibility that the alleged father is the biological father of the child.

Subp. 6.

Child.

"Child" means an individual under age 18 whose parental relationship with the alleged father is being determined and whose legal rights and privileges are at issue.

Subp. 7.

Commissioner.

"Commissioner" means the commissioner of the Department of Human Services or the commissioner's designated representative.

Subp. 8.

Compromise agreement.

"Compromise agreement" has the meaning given it by Minnesota Statutes, section 257.64, subdivision 1, clause (b).

Subp. 9.

Costs.

"Costs" has the meaning given it under Minnesota Statutes, section 257.69.

Subp. 10.

Department.

"Department" means the Minnesota Department of Human Services.

Subp. 11.

Depository.

"Depository" means a person or organization entrusted to safekeep a father's or an alleged father's lump-sum settlement or compromise agreement payments and to make periodic payments of the money on behalf of the child.

Subp. 12.

Guardian ad litem.

"Guardian ad litem" means the person designated by the court to represent the interests of a child in a paternity suit, according to Minnesota Statutes, section 257.60.

Subp. 13.

Income.

"Income" has the meaning given it under Minnesota Statutes 2004, section 518.54, subdivision 6.

Subp. 14.

Interest rate.

"Interest rate" means the rate of interest used to calculate the present value of periodic payments a father is required to pay and is equal to the current market rate of interest on a United States Treasury obligation using as its maturity date the child's 18th birthday.

Subp. 15.

Liability for past support.

"Liability for past support" means the financial obligation of the noncustodial parent to reimburse the local child support enforcement agency for all or a portion of past expenses furnished on behalf of a child under Minnesota Statutes, sections 257.66 and 257.67.

Subp. 16.

Local IV-D agency.

"Local IV-D agency" means the county or multicounty agency that is authorized under Minnesota Statutes, section 393.07, to administer the child support enforcement program under the requirements of title IV-D of the Social Security Act, United States Code, title 42, sections 651 to 658, 660, 664, 666, 667, 1302, 1396(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), and 1396(k).

Subp. 17.

Lump-sum settlement.

"Lump-sum settlement" means a single payment to satisfy the remaining obligations of a noncustodial parent for support of the parent's minor child.

Subp. 18.

Medical support.

"Medical support" has the meaning given it under Minnesota Statutes, section 518A.41.

Subp. 19.

Mother.

"Mother" means a woman who was not married to her child's father when the child was born or when the child was conceived.

Subp. 20.

Office of Child Support Enforcement.

"Office of Child Support Enforcement" means the office within the department that administers the child support enforcement program for the purposes of locating absent parents, establishing paternity, and establishing and enforcing orders for support under the requirements of title IV-D of the Social Security Act, United States Code, title 42, sections 651 to 658, 660, 664, 666, 667, 1302, 1396(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), and 1396(k).

Subp. 21.

Party.

"Party" means a person as defined in Minnesota Statutes, sections 257.57 and 257.60, who is involved in a paternity suit.

Subp. 22.

Paternity suit.

"Paternity suit" means a legal action brought to establish that a man is the biological father of a child and has legally enforceable duties and responsibilities in regard to that child.

Subp. 23.

Periodic payments.

"Periodic payments" means payments of support on a schedule established by the court under Minnesota Statutes, section 518A.44.

Subp. 24.

Present value.

"Present value" means the current monetary worth of future periodic payments. The formula used to determine present value is An = V 1-(1+i)^-n/i where:

"An" means present value of the periodic payments,

"V" means value of the periodic payments,

"n" means number of periodic payments, and

"i" means interest rate.

Subp. 24a.

Public assistance.

"Public assistance" has the meaning given in Minnesota Statutes, section 256.741, subdivision 1, paragraph (b).

Subp. 25.

Reimbursement.

"Reimbursement" means payment of a sum for public funds expended for the care and support of a child under Minnesota Statutes, sections 256.87; 257.66, subdivisions 3 and 4; 257.69; and 393.07, subdivision 9.

Subp. 26.

Support.

"Support" has the meaning given to "support money" under Minnesota Statutes, section 518A.26, subdivision 20.

Statutory Authority:

MS s 257.60

History:

11 SR 957; L 2005 c 164 s 29; L 2005 1Sp7 s 28; L 2006 c 280 s 46; 32 SR 565

Published Electronically:

October 16, 2013