548.091 SUPPORT, MAINTENANCE, OR COUNTY REIMBURSEMENT JUDGMENTS.
Subdivision 1. Entry and docketing of maintenance judgment.
(a) 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 by the court administrator
when ordered by the court or shall be entered and docketed by the court administrator when
the following conditions are met:
(1) the obligee determines that the obligor is at least 30 days in arrears;
(2) the obligee serves a copy of an affidavit of default and notice of intent to enter and
docket judgment on the obligor by first class 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 of the obligee, the date of the first unpaid amount, the date of the last unpaid
amount, and the total amount unpaid;
(3) 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
(4) 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 and the amount for which
judgment is to be entered and docketed.
(b) A judgment entered and docketed under this subdivision has the same effect and is
subject to the same procedures, defenses, and proceedings as any other judgment in district court,
and may be enforced or satisfied in the same manner as judgments under section
(c) An obligor whose property is subject to the lien of a judgment for installment of periodic
payments of maintenance under section
, 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:
(1) the lien attached upon the docketing of a judgment or decree of dissolution or separate
(2) the docket was made while no installment or periodic payment of maintenance was
unpaid or overdue; and
(3) 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. 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
, or an order under section
, that is not paid or withheld from the obligor's income as required under
, 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, is entitled
to full faith and credit in this state and any other state, and shall be entered and docketed by the
court administrator on the filing of affidavits as provided in subdivision 2a. 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
518A.39, subdivision 2
, and the date of the court's order on
modification may be modified under that subdivision.
(b) Notwithstanding the provisions of section
, upon motion to the court and upon
proof by the obligor of 12 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 state court administrator 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.
(c) Notwithstanding the provisions of section
, upon motion to the court, the court
may order interest on a child support debt or arrearage to stop accruing where the court finds that
the obligor is:
(1) unable to pay support because of a significant physical or mental disability;
(2) a recipient of Supplemental Security Income (SSI), Title II Older Americans Survivor's
Disability Insurance (OASDI), other disability benefits, or public assistance based upon need; or
(3) institutionalized or incarcerated for at least 30 days for an offense other than nonsupport
of the child or children involved, and is otherwise financially unable to pay support.
(d) If the conditions in paragraph (c) no longer exist, upon motion to the court, the court
may order interest accrual to resume retroactively from the date of service of the motion to
resume the accrual of interest.
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. Entry and docketing of child support judgment.
(a) 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:
(1) a statement identifying, or a copy of, the judgment or decree of dissolution or legal
separation, determination of parentage, order under chapter 518B or 518C, an order under section
, an order under section
, 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
(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 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 be entered and docketed; and
(3) an affidavit of service of a notice of intent to enter and docket judgment and to recover
attorney fees and collection costs on the obligor, in person or by first class 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).
(b) A judgment entered and docketed under this subdivision has the same effect and is
subject to the same procedures, defenses, and proceedings as any other judgment in district
court, and may be enforced or satisfied in the same manner as judgments under section
except as otherwise provided.
Subd. 3.[Repealed, 1999 c 245 art 7 s 24
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.
Subd. 3b. Child support judgment administrative renewals.
Child support judgments
may be renewed by service of notice upon the debtor. Service must be by first class mail at the
last known address of the debtor, with service deemed complete upon mailing in the manner
designated, 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 administratively renew the judgment for
child support without any additional filing fee in the same court file as the original child support
judgment. The judgment must be renewed in an amount equal to the unpaid principle plus the
accrued unpaid interest. Child support judgments may be renewed multiple times until paid.
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 or modify the
judgment or judgments entered pursuant to this action.
The court shall grant the obligor's motion if it determines that there is no default.
Subd. 5.[Repealed, 1999 c 245 art 7 s 24
Subd. 5a. Additional child support judgments.
As child support payments continue to
become due and are unpaid, additional judgments may be entered and docketed by following the
procedures in subdivision 1a. Each judgment entered and docketed for unpaid child support
payments must be treated as a distinct judgment for purposes of enforcement and satisfaction.
Subd. 6.[Repealed, 1999 c 245 art 7 s 24
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, 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. A partial satisfaction for the amount received must be filed with the court administrator.
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 judgments arising by
operation of law. The public authority may move the court for an order to amend the judgment
when the amount of judgment entered and docketed is incorrect.
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.
History: 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; 1999 c 139 art 4 s 2; 1999 c 245 art 7 s 13-21; 1Sp2001 c 9
art 12 s 19; 2002 c 344 s 23-25; 2002 c 379 art 1 s 113; 2005 c 159 art 4 s 2; 2005 c 164 s
29; 1Sp2005 c 7 s 28