1997 Minnesota Statutes

     548.091 Support, maintenance, or county reimbursement 
  judgments. 

    Subdivision 1.    Docketing of maintenance judgment.  A 
 judgment for unpaid amounts under a judgment or decree of 
 dissolution or legal separation that provides for installment or 
 periodic payments of maintenance shall be entered and docketed 
 by the court administrator only when ordered by the court or 
 when the following conditions are met:  

    (a) The obligee determines that the obligor is at least 30 
 days in arrears; 

    (b) The obligee serves a copy of an affidavit of default 
 and notice of intent to enter judgment on the obligor by mail at 
 the obligor's last known post office address.  Service shall be 
 deemed complete upon mailing in the manner designated.  The 
 affidavit shall state the full name, occupation, place of 
 residence, and last known post office address of the obligor, 
 the name and post office address of the obligee, the date of the 
 first unpaid amount, the date of the last unpaid amount, and the 
 total amount unpaid; 

    (c) The obligor fails within 20 days after mailing of the 
 notice either to pay all unpaid amounts or to request a hearing 
 on the issue of whether arrears claimed owing have been paid and 
 to seek, ex parte, a stay of entry of judgment; and 

    (d) Not less than 20 days after service on the obligor in 
 the manner provided, the obligee files with the court 
 administrator the affidavit of default together with proof of 
 service and, if payments have been received by the obligee since 
 execution of the affidavit of default, a supplemental affidavit 
 setting forth the amount of payment received.  

    Subd. 1a.    Child support judgment by operation of law. 
  (a) Any payment or installment of support required by a 
 judgment or decree of dissolution or legal separation, 
 determination of parentage, an order under chapter 518C, an 
 order under section 256.87, or an order under section 260.251, 
 that is not paid or withheld from the obligor's income as 
 required under section 518.6111, or which is ordered as child 
 support by judgment, decree, or order by a court in any other 
 state, is a judgment by operation of law on and after the date 
 it is due and is entitled to full faith and credit in this state 
 and any other state.  Except as otherwise provided by paragraph 
 (b), interest accrues from the date the unpaid amount due is 
 greater than the current support due at the annual rate provided 
 in section 549.09, subdivision 1, plus two percent, not to 
 exceed an annual rate of 18 percent.  A payment or installment 
 of support that becomes a judgment by operation of law between 
 the date on which a party served notice of a motion for 
 modification under section 518.64, subdivision 2, and the date 
 of the court's order on modification may be modified under that 
 subdivision. 

    (b) Notwithstanding the provisions of section 549.09, upon 
 motion to the court and upon proof by the obligor of 36 
 consecutive months of complete and timely payments of both 
 current support and court-ordered paybacks of a child support 
 debt or arrearage, the court may order interest on the remaining 
 debt or arrearage to stop accruing.  Timely payments are those 
 made in the month in which they are due.  If, after that time, 
 the obligor fails to make complete and timely payments of both 
 current support and court-ordered paybacks of child support debt 
 or arrearage, the public authority or the obligee may move the 
 court for the reinstatement of interest as of the month in which 
 the obligor ceased making complete and timely payments. 

    The court shall provide copies of all orders issued under 
 this section to the public authority.  The commissioner of human 
 services shall prepare and make available to the court and the 
 parties forms to be submitted by the parties in support of a 
 motion under this paragraph. 

    Subd. 2.    Amount and survival of maintenance judgment. 
  The court administrator shall enter and docket judgment in 
 the amount of each affidavit filed under subdivision 1 less any 
 amount paid.  From the time of docketing, the judgment is a lien 
 in the amount unpaid upon all the real property in the county 
 then or after owned by the judgment debtor.  The judgment 
 survives and the lien continues for ten years after its entry.  

    Subd. 2a.    Docketing of child support judgment.  On or 
 after the date an unpaid amount becomes a judgment by operation 
 of law under subdivision 1a, the obligee or the public authority 
 may file with the court administrator, either electronically or 
 by other means: 

    (1) a statement identifying, or a copy of, the judgment or 
 decree of dissolution or legal separation, determination of 
 parentage, order under chapter 518C, an order under section 
 256.87, an order under section 260.251, or judgment, decree, or 
 order for child support by a court in any other state, which 
 provides for periodic installments of child support, or a 
 judgment or notice of attorney fees and collection costs under 
 section 518.14, subdivision 2; 

    (2) an affidavit of default.  The affidavit of default must 
 state the full name, occupation, place of residence, and last 
 known post office address of the obligor, the name and post 
 office address of the obligee, the date or dates payment was due 
 and not received and judgment was obtained by operation of law, 
 the total amount of the judgments to the date of filing, and the 
 amount and frequency of the periodic installments of child 
 support that will continue to become due and payable subsequent 
 to the date of filing; and 

    (3) an affidavit of service of a notice of intent to docket 
 judgment and to recover attorney fees and collection costs on 
 the obligor, in person or by mail at the obligor's last known 
 post office address.  Service is completed upon mailing in the 
 manner designated.  Where applicable, a notice of interstate 
 lien in the form promulgated under United States Code, title 42, 
 section 652(a), is sufficient to satisfy the requirements of 
 clauses (1) and (2). 

    Subd. 3.    Maintenance judgments docketed prior to 
 default.  An obligor whose property is subject to the lien of 
 a judgment for installment of periodic payments of maintenance 
 under section 548.09, and who claims that no amount of 
 maintenance is in arrears, may move the court ex parte for an 
 order directing the court administrator to vacate the lien of 
 the judgment on the docket and register of the action where it 
 was entered.  The obligor shall file with the motion an 
 affidavit stating that:  

    (a) The lien attached upon the docketing of a judgment or 
 decree of dissolution or separate maintenance; 

    (b) The docketing was made while no installment or periodic 
 payment of maintenance was unpaid or overdue; and 

    (c) No installment or periodic payment of maintenance that 
 was due prior to the filing of the motion remains unpaid or 
 overdue.  

    The court shall grant the obligor's motion as soon as 
 possible if the pleadings and affidavit show that there is and 
 has been no default.  

    Subd. 3a.    Entry, docketing, and survival of child 
 support judgment.  Upon receipt of the documents filed under 
 subdivision 2a, the court administrator shall enter and docket 
 the judgment in the amount of the unpaid obligation identified 
 in the affidavit of default and note the amount and frequency of 
 the periodic installments of child support that will continue to 
 become due and payable after the date of docketing.  From the 
 time of docketing, the judgment is a lien upon all the real 
 property in the county owned by the judgment debtor, but it is 
 not a lien on registered land unless the obligee or the public 
 authority causes a notice of judgment lien or certified copy of 
 the judgment to be memorialized on the certificate of title or 
 certificate of possessory title under section 508.63 or 
 508A.63.  The judgment survives and the lien continues for ten 
 years after the date the judgment was docketed.  Child support 
 judgments may be renewed by service of notice upon the debtor.  
 Service shall be by certified mail at the last known address of 
 the debtor or in the manner provided for the service of civil 
 process.  Upon the filing of the notice and proof of service the 
 court administrator shall renew the judgment for child support 
 without any additional filing fee. 

    Subd. 4.    Child support hearing.  A child support 
 obligor may request a hearing under the rules of civil procedure 
 on the issue of whether the judgment amount or amounts have been 
 paid and may move the court for an order directing the court 
 administrator to vacate the judgment or judgments on the docket 
 and register in any county or other jurisdiction in which 
 judgment or judgments were entered pursuant to this action. 

    The court shall grant the obligor's motion if it determines 
 that there is no default. 

    Subd. 5.    Automatic increases; satisfaction.  After 
 docketing and until satisfied by the obligee, public authority, 
 or the court administrator, the amount of the docketed judgment 
 automatically increases by the total amount of periodic 
 installments of child support that became due and payable 
 subsequent to the date of docketing, plus attorney's fees and 
 collection costs incurred by the public authority, and less any 
 payment made by the obligor to partially satisfy the docketed 
 judgment.  The court administrator shall not satisfy any child 
 support judgment without first obtaining a written judgment 
 payoff statement from the public authority or obligee.  If no 
 such statement can be obtained within two business days, the 
 court administrator shall only satisfy the judgment if the 
 amount paid to the court administrator equals the judgment 
 amount plus interest and costs, and the amount of the periodic 
 installment times the number of payments due since the date of 
 docketing of the judgment.  

    Subd. 6.    Note on judgment roll.  The court 
 administrator shall note on the judgment roll which judgments 
 are filed pursuant to this section and the amount and frequency 
 of the periodic installment of child support that will continue 
 to become due and payable after the date of docketing.  

    Subd. 7.    Fees.  The public authority is exempt from 
 payment of fees when a judgment is docketed or a certified copy 
 of a judgment is issued by a court administrator, or a notice of 
 judgment lien or a certified copy of a judgment is presented to 
 a registrar of titles for recording.  If a notice or certified 
 copy is recorded by the public authority under this subdivision, 
 the registrar of titles may collect from a party presenting for 
 recording a satisfaction or release of the notice or certified 
 copy the fees for recording and memorializing both the notice or 
 certified copy and the satisfaction or release. 

    Subd. 8.    Registered land.  If requested by the public 
 authority and upon the public authority's providing a notice of 
 judgment lien or a certified copy of a judgment for child 
 support debt, together with a street address, tax parcel 
 identifying number, or a legal description for a parcel of real 
 property, the county recorder shall search the registered land 
 records in that county and cause the notice of judgment lien or 
 certified copy of the judgment to be memorialized on every 
 certificate of title or certificate of possessory title of 
 registered land in that county that can be reasonably identified 
 as owned by the obligor who is named on a docketed judgment.  
 The fees for memorializing the lien or judgment must be paid in 
 the manner prescribed by subdivision 7.  The county recorders 
 and their employees and agents are not liable for any loss or 
 damages arising from failure to identify a parcel of registered 
 land owned by the obligor who is named on the docketed judgment. 

    Subd. 9.    Payoff statement.  The public authority 
 shall issue to the obligor, attorneys, lenders, and closers, or 
 their agents, a payoff statement setting forth conclusively the 
 amount necessary to satisfy the lien.  Payoff statements must be 
 issued within three business days after receipt of a request by 
 mail, personal delivery, telefacsimile, or electronic mail 
 transmission, and must be delivered to the requester by 
 telefacsimile or electronic mail transmission if requested and 
 if appropriate technology is available to the public authority. 

    Subd. 10.    Release of lien.  Upon payment of the 
 amount due under subdivision 5, the public authority shall 
 execute and deliver a satisfaction of the judgment lien within 
 five business days. 

    Subd. 11.    Special procedures.  The public authority 
 shall negotiate a release of lien on specific property for less 
 than the full amount due where the proceeds of a sale or 
 financing, less reasonable and necessary closing expenses, are 
 not sufficient to satisfy all encumbrances on the liened 
 property.  Partial releases do not release the obligor's 
 personal liability for the amount unpaid. 

    Subd. 12.    Correcting errors.  The public authority 
 shall maintain a process to review the identity of the obligor 
 and to issue releases of lien in cases of misidentification.  
 The public authority shall maintain a process to review the 
 amount of child support determined to be delinquent and to issue 
 amended notices of judgment lien in cases of incorrectly 
 docketed judgments. 

    Subd. 13.    Forms.  The department of human services, 
 after consultation with registrars of title, shall prescribe the 
 notice of judgment lien.  These forms are not subject to chapter 
 14. 

    HIST: 1984 c 547 s 24; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1987 c 331 s 6; 1988 c 593 s 10-16; 1993 c 340 s 51,52; 1994 c 
 630 art 11 s 16; 1996 c 391 art 2 s 2; 1997 c 203 art 6 s 
 72-83,92; 1997 c 245 art 3 s 17 

*   NOTE:  Subdivisions 1a, 2a, and 3a, as amended by Laws 
*1997, chapter 203, article 6, sections 72 to 74, respectively, 
*and subdivisions 6, 7, 8, 9, 10, 11, 12, and 13, as added by 
*Laws 1997, chapter 203, article 6, sections 76 to 83, 
*respectively, are effective July 1, 1998.  Laws 1997, chapter 
*203, article 6, section 94, paragraph (c).  

*   NOTE:  Subdivision 5, as added by Laws 1997, chapter 203, 
*article 6, section 75, is effective July 1, 1998, and applies 
*only to judgments docketed on or after October 1, 1997.  Laws 
*1997, chapter 203, article 6, section 94, as amended by Laws 
*1997, First Special Session chapter 5, section 19.