484.702 EXPEDITED CHILD SUPPORT HEARING PROCESS.
Subdivision 1. Creation; scope.
(a) The supreme court shall create an expedited child
support hearing process to establish, modify, and enforce child support; and enforce maintenance,
if combined with child support. The process must be designed to handle child support and
paternity matters in compliance with federal law.
(b) All proceedings establishing, modifying, or enforcing support orders; and enforcing
maintenance orders, if combined with a support proceeding, must be conducted in the expedited
process if the case is a IV-D case. Cases that are not IV-D cases may not be conducted in the
(c) This section does not prevent a party, upon timely notice to the public authority, from
commencing an action or bringing a motion in district court for the establishment, modification,
or enforcement of support, or enforcement of maintenance orders if combined with a support
proceeding, where additional issues involving domestic abuse, establishment or modification
of custody or visitation, or property issues exist as noticed by the complaint, motion, counter
motion, or counter action.
(d) At the option of the county, the expedited process may include contempt actions or
actions to establish parentage.
(e) The expedited process should meet the following goals:
(1) be streamlined and uniform statewide and result in timely and consistent issuance
(2) be accessible to the parties without the need for an attorney and minimize litigation;
(3) be a cost-effective use of limited financial resources; and
(4) comply with applicable federal law.
(f) For purposes of this section, "IV-D case" has the meaning given in section
Subd. 2. Administration.
(a) The state court administrator shall provide for the
administration of the expedited child support hearing process in each judicial district.
(b) Until June 30, 2000, the Office of Administrative Hearings and the state court
administrator may enter into contracts to provide one or more administrative law judges to serve
as child support magistrates and for administrative and case management support. The title to
all personal property used in the administrative child support process mutually agreed upon by
the Office of Administrative Hearings and the Office of the State Court Administrator must be
transferred to the state court administrator for use in the expedited child support process.
Subd. 3. Appointment of child support magistrates.
The chief judge of each judicial
district may appoint one or more suitable persons to act as child support magistrates for the
expedited child support hearing process, with the confirmation of the Supreme Court. A child
support magistrate appointed to serve in the expedited child support process, whether hired on a
full-time, part-time, or contract basis, is a judicial officer under section
43A.02, subdivision 25
and is an employee of the state under section
for purposes of section
Subd. 4. Training and qualifications of child support magistrates.
The Supreme Court
(1) provide training for individuals who serve as child support magistrates for the expedited
child support hearing process;
(2) establish minimum qualifications for child support magistrates; and
(3) establish a policy for evaluating and removing child support magistrates.
Subd. 5. Rules.
The Supreme Court shall adopt rules to implement the expedited child
support hearing process under this section.
History: 1999 c 196 art 1 s 2; 2005 c 164 s 29; 1Sp2005 c 7 s 28; 2006 c 260 art 5 s 25