Bill Text: MN HF1470 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Public authority allowed to discontinue child support services.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-05-01 - Referred to Finance [HF1470 Detail]
Download: Minnesota-2013-HF1470-Engrossed.html
1.2relating to family law; child support; allowing a public authority to discontinue
1.3child support services in certain situations;amending Minnesota Statutes 2012,
1.4section 518A.60.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 518A.60, is amended to read:
1.7518A.60 COLLECTION; ARREARS ONLY.
1.8(a) Remedies available for the collection and enforcement of support in this chapter
1.9and chapters 256, 257, 518, and 518C also apply to cases in which the child or children
1.10for whom support is owed are emancipated and the obligor owes past support or has an
1.11accumulated arrearage as of the date of the youngest child's emancipation. Child support
1.12arrearages under this section include arrearages for child support, medical support, child
1.13care, pregnancy and birth expenses, and unreimbursed medical expenses as defined in
1.14section518A.41, subdivision 1, paragraph (h) .
1.15(b) This section applies retroactively to any support arrearage that accrued on or
1.16before June 3, 1997, and to all arrearages accruing after June 3, 1997.
1.17(c) Past support or pregnancy and confinement expenses ordered for which the
1.18obligor has specific court ordered terms for repayment may not be enforced using
1.19drivers' and occupational or professional license suspension, credit bureau reporting, and
1.20additional income withholding under section518A.53, subdivision 10 , paragraph (a),
1.21unless the obligor fails to comply with the terms of the court order for repayment.
1.22(d) If an arrearage exists at the time a support order would otherwise terminate
1.23and section518A.53, subdivision 10 , paragraph (c), does not apply to this section, the
2.1arrearage shall be repaid in an amount equal to the current support order until all arrears
2.2have been paid in full, absent a court order to the contrary.
2.3(e) If an arrearage exists according to a support order which fails to establish a
2.4monthly support obligation in a specific dollar amount, the public authority, if it provides
2.5child support services, or the obligee, may establish a payment agreement which shall
2.6equal what the obligor would pay for current support after application of section518A.34 ,
2.7plus an additional 20 percent of the current support obligation, until all arrears have been
2.8paid in full. If the obligor fails to enter into or comply with a payment agreement, the
2.9public authority, if it provides child support services, or the obligee, may move the district
2.10court or child support magistrate, if section484.702 applies, for an order establishing
2.11repayment terms.
2.12(f)(1) If there is no longer a current support order, meaning all of the children of the
2.13order are emancipated, the public authority may discontinue child support services and
2.14close its case under title IV-D of the Social Security Act when either:
2.15(i) the arrearage is under $500; or
2.16(ii) the arrearage is considered unenforceable by the public authority because there
2.17have been no collections for three years, and all administrative and legal remedies have
2.18either been attempted or are determined by the public authority to be ineffective because
2.19the obligor is unable to pay, the obligor has no known income or assets, and there is no
2.20reasonable prospect that the obligor will be able to pay in the foreseeable future.
2.21 (2) At least 60 calendar days prior to the discontinuation of services, the public
2.22authority must mail by certified mail a written notice to the obligee and obligor at the
2.23obligee's and obligor's last known addresses, that the public authority intends to close the
2.24child support enforcement case.
2.25 (3) The case must be kept open if the obligee responds prior to case closure and
2.26provides information which could reasonably lead to collection of arrears.
2.27 (4) If the case is closed, the obligee may request at a later date that the case
2.28be reopened by completing a new application for services, if there is a change in
2.29circumstances which could reasonably lead to the collection of arrears.
1.3child support services in certain situations;amending Minnesota Statutes 2012,
1.4section 518A.60.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 518A.60, is amended to read:
1.7518A.60 COLLECTION; ARREARS ONLY.
1.8(a) Remedies available for the collection and enforcement of support in this chapter
1.9and chapters 256, 257, 518, and 518C also apply to cases in which the child or children
1.10for whom support is owed are emancipated and the obligor owes past support or has an
1.11accumulated arrearage as of the date of the youngest child's emancipation. Child support
1.12arrearages under this section include arrearages for child support, medical support, child
1.13care, pregnancy and birth expenses, and unreimbursed medical expenses as defined in
1.14section
1.15(b) This section applies retroactively to any support arrearage that accrued on or
1.16before June 3, 1997, and to all arrearages accruing after June 3, 1997.
1.17(c) Past support or pregnancy and confinement expenses ordered for which the
1.18obligor has specific court ordered terms for repayment may not be enforced using
1.19drivers' and occupational or professional license suspension, credit bureau reporting, and
1.20additional income withholding under section
1.21unless the obligor fails to comply with the terms of the court order for repayment.
1.22(d) If an arrearage exists at the time a support order would otherwise terminate
1.23and section
2.1arrearage shall be repaid in an amount equal to the current support order until all arrears
2.2have been paid in full, absent a court order to the contrary.
2.3(e) If an arrearage exists according to a support order which fails to establish a
2.4monthly support obligation in a specific dollar amount, the public authority, if it provides
2.5child support services, or the obligee, may establish a payment agreement which shall
2.6equal what the obligor would pay for current support after application of section
2.7plus an additional 20 percent of the current support obligation, until all arrears have been
2.8paid in full. If the obligor fails to enter into or comply with a payment agreement, the
2.9public authority, if it provides child support services, or the obligee, may move the district
2.10court or child support magistrate, if section
2.11repayment terms.
2.12(f)(1) If there is no longer a current support order, meaning all of the children of the
2.13order are emancipated, the public authority may discontinue child support services and
2.14close its case under title IV-D of the Social Security Act when either:
2.15(i) the arrearage is under $500; or
2.16(ii) the arrearage is considered unenforceable by the public authority because there
2.17have been no collections for three years, and all administrative and legal remedies have
2.18either been attempted or are determined by the public authority to be ineffective because
2.19the obligor is unable to pay, the obligor has no known income or assets, and there is no
2.20reasonable prospect that the obligor will be able to pay in the foreseeable future.
2.21 (2) At least 60 calendar days prior to the discontinuation of services, the public
2.22authority must mail by certified mail a written notice to the obligee and obligor at the
2.23obligee's and obligor's last known addresses, that the public authority intends to close the
2.24child support enforcement case.
2.25 (3) The case must be kept open if the obligee responds prior to case closure and
2.26provides information which could reasonably lead to collection of arrears.
2.27 (4) If the case is closed, the obligee may request at a later date that the case
2.28be reopened by completing a new application for services, if there is a change in
2.29circumstances which could reasonably lead to the collection of arrears.
