2005 Minnesota Statutes

     268.155 Child support deducted from unemployment 
  benefits. 

    Subdivision 1.    Definitions.  As used in this section: 

    (1) "Child support obligations" means obligations that are 
 being enforced by a child support agency pursuant to a plan 
 described in United States Code, title 42, section 454, of the 
 Social Security Act that has been approved by the secretary of 
 health and human services under part D of title IV of the Social 
 Security Act.  This shall not include any type of spousal 
 maintenance or foster care payments; and 

    (2) "Child support agency" means the public agency 
 responsible for child support enforcement.  

    Subd. 2.    Notice upon application.  In an application 
 for unemployment benefits, the applicant shall disclose if child 
 support obligations are owed and, if so, in what state and 
 county.  If child support obligations are owed, the commissioner 
 shall, if the applicant establishes a benefit account, notify 
 the child support agency. 

    Subd. 3.    Withholding of unemployment benefits.  The 
 commissioner shall deduct and withhold from any unemployment 
 benefits payable to an applicant who owes child support 
 obligations: 

    (1) the amount required pursuant to a proper order of a 
 court or administrative agency; or 

    (2) if clause (1) is not applicable, the amount determined 
 pursuant to an agreement under United States Code, title 42, 
 section 454 (20) (B) (i), of the Social Security Act; or 

    (3) if clause (1) or (2) is not applicable, the amount 
 specified by the applicant. 

    Subd. 4.    Payment.  Any amount deducted and withheld 
 shall be paid to the child support agency, but shall for all 
 purposes be treated as if it were paid to the applicant as 
 unemployment benefits and paid by the applicant to the child 
 support agency in satisfaction of the applicant's child support 
 obligations. 

    Subd. 5.    Payment of costs.  The child support agency 
 shall pay the costs incurred by the commissioner in the 
 implementation and administration of this section and sections 
 518.551 and 518.6111. 

    Subd. 6. Renumbered subd 5 

    HIST: 1Sp1982 c 1 s 22; 1986 c 444; 1987 c 384 art 2 s 67; 
 1994 c 488 s 8; 1996 c 417 s 10-12; 1997 c 66 s 79,80; 1997 c 
 203 art 6 s 92; 1999 c 107 s 54,66; 2000 c 343 s 4