2006 Minnesota Statutes

518A.51 FEES FOR IV-D SERVICES.
(a) When a recipient of IV-D services is no longer receiving assistance under the state's title
IV-A, IV-E foster care, medical assistance, or MinnesotaCare programs, the public authority
responsible for child support enforcement must notify the recipient, within five working days of
the notification of ineligibility, that IV-D services will be continued unless the public authority is
notified to the contrary by the recipient. The notice must include the implications of continuing
to receive IV-D services, including the available services and fees, cost recovery fees, and
distribution policies relating to fees.
(b) An application fee of $25 shall be paid by the person who applies for child support and
maintenance collection services, except persons who are receiving public assistance as defined in
section 256.741 and the diversionary work program under section 256J.95, persons who transfer
from public assistance to nonpublic assistance status, and minor parents and parents enrolled in a
public secondary school, area learning center, or alternative learning program approved by the
commissioner of education.
(c) In the case of an individual who has never received assistance under a state program
funded under Title IV-A of the Social Security Act and for whom the public authority has
collected at least $500 of support, the public authority must impose an annual federal collections
fee of $25 for each case in which services are furnished. This fee must be retained by the public
authority from support collected on behalf of the individual, but not from the first $500 collected.
(d) When the public authority provides full IV-D services to an obligee who has applied
for those services, upon written notice to the obligee, the public authority must charge a cost
recovery fee of one percent of the amount collected. This fee must be deducted from the amount
of the child support and maintenance collected and not assigned under section 256.741 before
disbursement to the obligee. This fee does not apply to an obligee who:
(1) is currently receiving assistance under the state's title IV-A, IV-E foster care, medical
assistance, or MinnesotaCare programs; or
(2) has received assistance under the state's title IV-A or IV-E foster care programs, until the
person has not received this assistance for 24 consecutive months.
(e) When the public authority provides full IV-D services to an obligor who has applied for
such services, upon written notice to the obligor, the public authority must charge a cost recovery
fee of one percent of the monthly court-ordered child support and maintenance obligation. The
fee may be collected through income withholding, as well as by any other enforcement remedy
available to the public authority responsible for child support enforcement.
(f) Fees assessed by state and federal tax agencies for collection of overdue support owed
to or on behalf of a person not receiving public assistance must be imposed on the person for
whom these services are provided. The public authority upon written notice to the obligee shall
assess a fee of $25 to the person not receiving public assistance for each successful federal tax
interception. The fee must be withheld prior to the release of the funds received from each
interception and deposited in the general fund.
(g) Federal collections fees collected under paragraph (c) and cost recovery fees collected
under paragraphs (d) and (e) shall be considered child support program income according to Code
of Federal Regulations, title 45, section 304.50, and shall be deposited in the special revenue
fund account established under paragraph (i). The commissioner of human services must elect
to recover costs based on either actual or standardized costs.
(h) The limitations of this section on the assessment of fees shall not apply to the extent
inconsistent with the requirements of federal law for receiving funds for the programs under Title
IV-A and Title IV-D of the Social Security Act, United States Code, title 42, sections 601 to 613
and United States Code, title 42, sections 651 to 662.
(i) The commissioner of human services is authorized to establish a special revenue fund
account to receive the federal collections fees collected under paragraph (c) and cost recovery
fees collected under paragraphs (d) and (e). A portion of the nonfederal share of these fees may
be retained for expenditures necessary to administer the fees and must be transferred to the
child support system special revenue account. The remaining nonfederal share of the federal
collections fees and cost recovery fees must be retained by the commissioner and dedicated to the
child support general fund county performance-based grant account authorized under sections
256.979 and 256.9791.
History: 1971 c 961 s 21; 1974 c 107 s 20; 1977 c 282 s 29; 1978 c 772 s 50; 1979 c 259
s 25; 1981 c 349 s 6; 1981 c 360 art 2 s 46; 3Sp1981 c 3 s 19; 1982 c 488 s 4,5; 1983 c 308 s
16-20; 1984 c 547 s 18,19; 1985 c 131 s 7; 1986 c 406 s 4; 1986 c 444; 1Sp1986 c 3 art 1 s 82;
1987 c 403 art 3 s 79,80; 1988 c 593 s 8; 1988 c 668 s 17,18; 1989 c 282 art 2 s 190,191; 1990 c
568 art 2 s 70-72; 1990 c 574 s 18; 1991 c 266 s 2; 1991 c 292 art 5 s 75-78; 1992 c 513 art 8 s
53,54; 1993 c 34 s 1; 1993 c 322 s 12; 1993 c 340 s 32-38; 1Sp1993 c 1 art 6 s 44; 1994 c 483 s
1; 1994 c 488 s 8; 1994 c 630 art 11 s 9,10; 1995 c 186 s 94; 1995 c 257 art 1 s 23-26; 1997 c 66
s 79; 1997 c 203 art 6 s 42,43; 1997 c 245 art 1 s 13-17; art 3 s 10; 1998 c 382 art 1 s 7-11; 1999
c 107 s 66; 1999 c 159 s 136; 1999 c 196 art 1 s 6; art 2 s 9-11; 1999 c 245 art 7 s 8; 2000 c
343 s 4; 2000 c 444 art 2 s 37; 2001 c 51 s 13,14; 2001 c 134 s 1; 2001 c 158 s 1; 2002 c 344
s 13-16; 2003 c 130 s 12; 1Sp2003 c 14 art 6 s 58; art 10 s 5,6; 2005 c 116 s 4; 2005 c 164 s
7,8,29; 1Sp2005 c 7 s 28; 2006 c 280 s 15,16,22; 2006 c 282 art 18 s 3