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518.5512 Administrative procedures for child and medical support orders and parentage orders.

Subdivision 1. General. The provisions of this section apply to actions conducted in the administrative process pursuant to section 518.5511.

Subd. 2. Paternity. (a) After service of the notice and proposed order, a nonattorney employee of the public authority may order the child, mother, or alleged father to submit to blood or genetic tests. In a case with multiple alleged fathers, a nonattorney employee of the public authority may order the child, mother, and alleged fathers to submit to blood or genetic tests after service of the notice of the parentage proceeding. The order for genetic tests must be served by personal service. The order of the public authority shall be effective unless, within 20 days of the date of the order, the child, mother, or an alleged father requests a hearing under section 518.5511, subdivision 3a. If a hearing is requested and held, any order issued by an administrative law judge supersedes the order issued by the public authority. In all other cases, the order of the public authority is controlling. Failure to comply with the order for blood or genetic tests may result in a default determination of parentage.

(b) If parentage is contested at the administrative hearing, the administrative law judge may order temporary child support under section 257.62, subdivision 5, and shall refer the case to the district court.

(c) The district court may appoint counsel for an indigent alleged father only after the return of the blood or genetic test results from the testing laboratory.

Subd. 3. Cost-of-living adjustment. The public authority shall send notice of its application for a cost-of-living adjustment on the obligor in accord with section 518.641. The public authority shall, pending further order of the court, temporarily stay the adjustment of support upon receipt by the public authority of a motion by the obligor to proceed directly to a hearing under section 518.5511, subdivision 4.

Subd. 3a. Repealed, 1998 c 338 s 9

Subd. 4. Termination of interest charging. The public authority or a party bringing a motion under section 548.091, subdivision 1a, may proceed immediately to a hearing under section 518.5511, subdivision 4.

Subd. 5. Administrative authority. (a) In each case in which support rights are assigned under section 256.741, subdivision 2, or where the public authority is providing services under an application for child support services, a nonattorney employee of the public authority may, without requirement of a court order:

(1) recognize and enforce orders of child support agencies of other states;

(2) compel by subpoena the production of all papers, books, records, documents, or other evidentiary material needed to establish a parentage or child support order or to modify or enforce a child support order;

(3) change the payee to the appropriate person, organization, or agency authorized to receive or collect child support or any other person or agency designated as the caretaker of the child by agreement of the legal custodian or by court order;

(4) order income withholding of child support under section 518.6111;

(5) secure assets to satisfy the debt or arrearage in cases in which there is a support debt or arrearage by: (i) intercepting or seizing periodic or lump sum payments from state or local agencies, including reemployment insurance, workers' compensation payments, judgments, settlements, and lotteries; (ii) attaching and seizing assets of the obligor held in financial institutions or public or private retirement funds; and (iii) imposing liens and, in appropriate cases, forcing the sale of property and the distribution of proceeds; and

(6) increase the amount of the monthly support payments to include amounts for debts or arrearages for the purpose of securing overdue support.

(b) Subpoenas may be served anywhere within the state and served outside the state in the same manner as prescribed by law for service of process of subpoenas issued by the district court of this state. When a subpoena under this subdivision is served on a third-party recordkeeper, written notice of the subpoena shall be mailed to the person who is the subject of the subpoenaed material at the person's last known address within three days of the day the subpoena is served. This notice provision does not apply if there is reasonable cause to believe the giving of the notice may lead to interference with the production of the subpoenaed documents.

(c) A person served with a subpoena may make a written objection to the public authority or court before the time specified in the subpoena for compliance. The public authority or the court shall cancel or modify the subpoena, if appropriate. The public authority shall pay the reasonable costs of producing the documents, if requested.

(d) Subpoenas shall be enforceable in the same manner as subpoenas of the district court, in proceedings initiated by complaint of the public authority in the district court.

Subd. 6. Controlling order determination. The public authority or a party may request the office of administrative hearings to determine a controlling order according to section 518C.207, paragraph (c), or in situations in which more than one order involving the same obligor and child exists.

HIST: 1995 c 257 art 5 s 8; 1996 c 391 art 2 s 1; 1997 c 203 art 6 s 44-46; 1997 c 245 art 1 s 23,24; art 3 s 11; 1998 c 338 s 5-7; 1998 c 382 art 1 s 13

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Revisor of Statutes