1997 Minnesota Statutes

     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 
 contested administrative proceeding under section 518.5511, 
 subdivision 3a.  If a contested administrative proceeding 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 stay the adjustment of 
 support upon receipt by the public authority of a request by the 
 obligor to proceed directly to a contested administrative 
 proceeding under section 518.5511, subdivision 4.  

    Subd. 3a.    Form.  The public authority shall prepare 
 and make available to the court and obligors a form, to be 
 submitted to the public authority by the obligor, to request to 
 proceed directly to a contested administrative proceeding 
 regarding a cost-of-living adjustment.  

    Subd. 4.    Termination of interest.  The public 
 authority or a party bringing a motion under section 548.091, 
 subdivision 1a, may proceed immediately to a contested 
 administrative proceeding 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). 

    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