Subdivision 1. Terms.
For the purposes of this chapter and chapter 518, the terms defined in
this section shall have the meanings respectively ascribed to them.
Subd. 2. Apportioned veterans' benefits.
"Apportioned veterans' benefits" means the
amount the Veterans Administration deducts from the veteran's award and disburses to the
child or the child's representative payee. The apportionment of veterans' benefits shall be that
determined by the Veterans Administration and governed by Code of Federal Regulations, title
Subd. 3. Arrears.
Arrears are amounts that accrue pursuant to an obligor's failure to
comply with a support order. Past support and pregnancy and confinement expenses contained
in a support order are arrears if the court order does not contain repayment terms. Arrears also
arise by the obligor's failure to comply with the terms of a court order for repayment of past
support or pregnancy and confinement expenses. An obligor's failure to comply with the terms
for repayment of amounts owed for past support or pregnancy and confinement turns the entire
amount owed into arrears.
Subd. 4. Basic support.
"Basic support" means the basic support obligation computed under
. Basic support includes the dollar amount ordered for a child's housing, food,
clothing, transportation, and education costs, and other expenses relating to the child's care. Basic
support does not include monetary contributions for a child's child care expenses and medical
and dental expenses.
Subd. 5. Child.
"Child" means an individual under 18 years of age, an individual under
age 20 who is still attending secondary school, or an individual who, by reason of physical or
mental condition, is incapable of self-support.
Subd. 6. Deposit account.
"Deposit account" means funds deposited with a financial
institution in the form of a savings account, checking account, NOW account, or demand deposit
Subd. 7. Financial institution.
"Financial institution" means a savings association, bank,
trust company, credit union, industrial loan and thrift company, bank and trust company, or
savings association, and includes a branch or detached facility of a financial institution.
Subd. 8. Gross income.
"Gross income" means the gross income of the parent calculated
Subd. 9. Income withholding only services.
"Income withholding only services" means the
services provided by the public authority to collect payments pursuant to a support order but does
not include other enforcement services provided by the public authority for IV-D cases. Notices
required for income withholding under this section shall be initiated by the applicant for services.
An obligation for spousal maintenance under subdivision 21, paragraph (a), clause (3), is only
eligible for income withholding only services.
Subd. 10. IV-D case.
"IV-D case" means a case where a party has assigned to the state rights
to child support because of the receipt of public assistance as defined in section
applied for child support services under title IV-D of the Social Security Act, United States Code,
title 42, section 654(4). An obligation for spousal maintenance under subdivision 21, paragraph
(a), clause (3), is not an IV-D case.
Subd. 11. Joint child.
"Joint child" means the dependent child who is the child of both
parents in the support proceeding. In cases where support is sought from only one parent of a
child, a joint child is the child for whom support is sought.
Subd. 12. Nonjoint child.
"Nonjoint child" means the legal child of one, but not both of the
parents in the support proceeding. Nonjoint child does not include stepchildren.
Subd. 13. Obligee.
"Obligee" means a person to whom payments for maintenance or support
Subd. 14. Obligor.
"Obligor" means a person obligated to pay maintenance or support. A
person who has primary physical custody of a child is presumed not to be an obligor for purposes
of a child support order under section
, unless section
, subdivision 3, applies or
the court makes specific written findings to overcome this presumption. For purposes of ordering
medical support under section
, a parent who has primary physical custody of a child may
be an obligor subject to a payment agreement under section
Subd. 15. Parental income for determining child support (PICS).
for determining child support," or "PICS," means gross income minus deductions for nonjoint
children allowed under section
Subd. 16. Payor of funds.
"Payor of funds" means a person or entity that provides funds
to an obligor, including an employer as defined under chapter 24, section 3401(d), of the
Internal Revenue Code, an independent contractor, payor of workers' compensation benefits or
unemployment insurance benefits, or a financial institution as defined in section
Subd. 17. Primary physical custody.
The parent having "primary physical custody" means
the parent who provides the primary residence for a child and is responsible for the majority of
the day-to-day decisions concerning a child.
Subd. 18. Public authority.
"Public authority" means the local unit of government, acting on
behalf of the state, that is responsible for child support enforcement or the Department of Human
Services, Child Support Enforcement Division.
Subd. 19. Social Security benefits.
"Social Security benefits" means the monthly retirement,
survivors, or disability insurance benefits that the Social Security Administration provides to a
parent for that parent's own benefit or for the benefit of a joint child. Social Security benefits
do not include Supplemental Security Income benefits that the Social Security Administration
provides to a parent for the parent's own benefit or to a parent due to the disability of a child.
Subd. 20. Support money; child support.
"Support money" or "child support" means an
amount for basic support, child care support, and medical support pursuant to:
(1) an award in a dissolution, legal separation, annulment, or parentage proceeding for the
care, support and education of any child of the marriage or of the parties to the proceeding;
(2) a contribution by parents ordered under section
(3) support ordered under chapter 518B or 518C.
Subd. 21. Support order.
(a) "Support order" means a judgment, decree, or order, whether
temporary, final, or subject to modification, issued by a court or administrative agency of
(1) for the support and maintenance of a child, including a child who has attained the age of
majority under the law of the issuing state;
(2) for a child and the parent with whom the child is living, that provides for monetary
support, child care, medical support including expenses for confinement and pregnancy,
arrearages, or reimbursement; or
(3) for the maintenance of a spouse or former spouse.
(b) The support order may include related costs and fees, interest and penalties, income
withholding, and other relief. This definition applies to orders issued under this chapter and
chapters 256, 257, 518, and 518C.
Subd. 22. Survivors' and dependents' educational assistance.
"Survivors' and dependents'
educational assistance" are funds disbursed by the Veterans Administration under United States
Code, title 38, chapter 35, to the child or the child's representative payee.
History: 1951 c 551 s 1; 1969 c 1028 s 2,3; 1973 c 725 s 74; 1974 c 107 s 18; 1978 c 772 s
48; 1979 c 259 s 23,34; 1981 c 360 art 2 s 45; 1982 c 464 s 1; 1983 c 144 s 1; 1986 c 444; 1987
c 157 s 14-16; 1988 c 590 s 1; 1988 c 668 s 15,16; 1989 c 282 art 2 s 189; 1990 c 568 art 2 s
68,69; 1992 c 463 s 29; 1993 c 340 s 31; 1994 c 488 s 8; 1995 c 202 art 1 s 25; 1997 c 203 art 6 s
40,41; 1997 c 245 art 3 s 9; 1998 c 382 art 1 s 3-5; 1999 c 107 s 66; 1999 c 196 art 1 s 5; 2000 c
343 s 4; 2005 c 116 s 1-3; 2005 c 164 s 5,29,31; 1Sp2005 c 7 s 26,28; 2006 c 280 s 21,43