1997 Minnesota Statutes

     518.5853 Mandatory payment of obligations to central 
  collections unit. 

    Subdivision 1.    Location of payment.  All payments 
 described in section 518.5852 must be made to the central 
 collections unit. 

    Subd. 2.    Agency designation of location.  Each local 
 child support agency shall provide a location within the agency 
 to receive payments.  A local agency receiving a payment shall 
 transmit the funds to the central collections unit within one 
 working day of receipt of the payment. 

    Subd. 3.    Incentives.  Notwithstanding any rule to the 
 contrary, incentives must be paid to the county providing 
 services and maintaining the case to which the payment is 
 applied.  Incentive payments awarded for the collection of child 
 support must be based solely upon payments processed by the 
 central collections unit.  Incentive payments received by the 
 county under this subdivision shall be used for county child 
 support collection efforts. 

    Subd. 4.    Electronic transfer of funds.  The central 
 collections unit is authorized to engage in the electronic 
 transfer of funds for the receipt and disbursement of funds. 

    Subd. 5.    Required content of order.  A tribunal 
 issuing an order that establishes or modifies a payment shall 
 issue an income withholding order in conformity with section 
 518.6111.  The automatic income withholding order must include 
 the name of the obligor, the obligor's social security number, 
 the obligor's date of birth, and the name and address of the 
 obligor's employer.  The street mailing address and the 
 electronic mail address for the central collections unit must be 
 included in each automatic income withholding order issued by a 
 tribunal. 

    Subd. 6.    Transmittal of order to the local agency by 
 the tribunal.  The tribunal shall transmit a copy of the order 
 establishing or modifying the payment, and a copy of the 
 automatic income withholding order, to the local child support 
 agency within two working days of the approval of the order by 
 the judge or administrative law judge or other person or entity 
 authorized to sign the automatic withholding order. 

    Subd. 7.    Transmittal of funds from the obligor or payor 
 of funds to the central collections unit.  The obligor or 
 other payor of funds shall identify the obligor on the check or 
 remittance by name, payor number, and social security number, 
 and shall comply with section 518.6111. 

    Subd. 8.    Sanction for checks drawn on insufficient 
 funds.  A notice may be directed to any person or entity 
 submitting a check drawn on insufficient funds stating that 
 future payment must be paid by cash or certified funds.  The 
 central collections unit and the local child support agency may 
 refuse a check from a person or entity that has been given 
 notice that payments must be in cash or certified funds. 

    Subd. 9.    Admissibility of payment records.  A copy of 
 the record of payments maintained by the central collections 
 unit in section 518.5852 is admissible evidence in all tribunals 
 as proof of payments made through the central collections unit 
 without the need of testimony to prove authenticity. 

    Subd. 10.    Transition provisions.  (a) The 
 commissioner of human services shall develop a plan for the 
 implementation of the central collections unit.  The plan must 
 require that payments be redirected to the central collections 
 unit.  Payments may be redirected in groups according to county 
 of origin, county of payment, method of payment, type of case, 
 or any other distinguishing factor designated by the 
 commissioner. 

    (b) Notice that payments must be made to the central 
 collections unit must be provided to the obligor and to the 
 payor of funds within 30 days prior to the redirection of 
 payments to the central collections unit.  After the notice has 
 been provided to the obligor or payor of funds, mailed payments 
 received by a local child support agency must be forwarded to 
 the central collections unit.  A notice must be sent to the 
 obligor or payor of funds stating that payment application may 
 be delayed and provide directions to submit future payment to 
 the central collections unit. 

    HIST: 1995 c 257 art 2 s 3; 1995 c 203 art 6 s 92