Bill Text: MN HF2839 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Child support obligors in arrears withholding requirements modified.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2014-03-06 - Introduction and first reading, referred to Civil Law [HF2839 Detail]
Download: Minnesota-2013-HF2839-Introduced.html
1.2relating to family law; child support; modifying withholding requirements for
1.3child support obligors in arrears;amending Minnesota Statutes 2012, section
1.4518A.53, subdivisions 1, 4, 10; Minnesota Statutes 2013 Supplement, section
1.5518A.60.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 518A.53, subdivision 1, is amended to read:
1.8 Subdivision 1. Definitions. (a) For the purpose of this section, the following terms
1.9have the meanings provided in this subdivision unless otherwise stated.
1.10(b) "Payor of funds" means any person or entity that provides funds to an obligor,
1.11including an employer as defined under chapter 24 of the Internal Revenue Code,
1.12section 3401(d), an independent contractor, payor of worker's compensation benefits or
1.13unemployment benefits, or a financial institution as defined in section13B.06 .
1.14(c) "Business day" means a day on which state offices are open for regular business.
1.15(d) "Arrears"means amounts owed under a support order that are past due has the
1.16meaning given in section 518A.26, subdivision 3.
1.17 Sec. 2. Minnesota Statutes 2012, section 518A.53, subdivision 4, is amended to read:
1.18 Subd. 4. Collection services. (a) The commissioner of human services shall prepare
1.19and make available to the courts a notice of services that explains child support and
1.20maintenance collection services available through the public authority, including income
1.21withholding, and the fees for such services. Upon receiving a petition for dissolution of
1.22marriage or legal separation, the court administrator shall promptly send the notice of
1.23services to the petitioner and respondent at the addresses stated in the petition.
2.1(b) Either the obligee or obligor may at any time apply to the public authority for
2.2either full IV-D services or for income withholding only services.
2.3(c) For those persons applying for income withholding only services, a monthly
2.4service fee of $15 must be charged to the obligor. This fee is in addition to the amount of
2.5the support order and shall be withheld through income withholding. The public authority
2.6shall explain the service options in this section to the affected parties and encourage the
2.7application for full child support collection services.
2.8(d) If the obligee is not a current recipient of public assistance as defined in section
2.9256.741
, the person who applied for services may at any time choose to terminate either
2.10full IV-D services or income withholding only services regardless of whether income
2.11withholding is currently in place. The obligee or obligor may reapply for either full IV-D
2.12services or income withholding only services at any time. Unless the applicant is a
2.13recipient of public assistance as defined in section256.741 , a $25 application fee shall be
2.14charged at the time of each application.
2.15(e) When a person terminates IV-D services, if an arrearage for public assistance as
2.16defined in section256.741 exists, the public authority may continue income withholding,
2.17as well as use any other enforcement remedy for the collection of child support, until all
2.18public assistance arrears are paid in full. Income withholding shall be in an amount equal
2.19to 20 percent of the support order in effect at the time the services terminated, unless the
2.20court has ordered a specific monthly payback amount to be applied toward the arrears. If a
2.21support order includes a specific monthly payback amount, income withholding shall be
2.22for the specific monthly payback amount ordered.
2.23 Sec. 3. Minnesota Statutes 2012, section 518A.53, subdivision 10, is amended to read:
2.24 Subd. 10. Arrearage order. (a) This section does not prevent the court from
2.25ordering the payor of funds to withhold amounts to satisfy the obligor's previous arrearage
2.26in support order payments. This remedy shall not operate to exclude availability of other
2.27remedies to enforce judgments. The employer or payor of funds shall withhold from
2.28the obligor's income an additional amount equal to 20 percent of the monthly child
2.29support or maintenance obligation until the arrearage is paid, unless the court has ordered
2.30a specific monthly payback amount toward the arrears. If a support order includes a
2.31specific monthly payback amount, the employer or payor of funds shall withhold from
2.32the obligor's income an additional amount equal to the specific monthly payback amount
2.33ordered until all arrearages are paid.
3.1(b) Notwithstanding any law to the contrary, funds from income sources included
3.2in section518A.26, subdivision 8 , whether periodic or lump sum, are not exempt from
3.3attachment or execution upon a judgment for child support arrearage.
3.4(c) Absent an order to the contrary, if an arrearage exists at the time a support
3.5order would otherwise terminate, income withholding shall continue in effect or may be
3.6implemented in an amount equal to the support order plus an additional 20 percent of the
3.7monthly child support obligation, until all arrears have been paid in full.
3.8 Sec. 4. Minnesota Statutes 2013 Supplement, section 518A.60, is amended to read:
3.9518A.60 COLLECTION; ARREARS ONLY.
3.10(a) Remedies available for the collection and enforcement of support in this chapter
3.11and chapters 256, 257, 518, and 518C also apply to cases in which the child or children
3.12for whom support is owed are emancipated and the obligor owes past support or has an
3.13accumulated arrearage as of the date of the youngest child's emancipation. Child support
3.14arrearages under this section include arrearages for child support, medical support, child
3.15care, pregnancy and birth expenses, and unreimbursed medical expenses as defined in
3.16section518A.41, subdivision 1, paragraph (h) .
3.17(b) This section applies retroactively to any support arrearage that accrued on or
3.18before June 3, 1997, and to all arrearages accruing after June 3, 1997.
3.19(c) Past support or pregnancy and confinement expenses ordered for which the
3.20obligor has specific court ordered terms for repayment may not be enforced using drivers'
3.21and occupational or professional license suspension, and credit bureau reporting, and
3.22additional income withholding under section
518A.53, subdivision 10, paragraph (a),
3.23 unless the obligor fails to comply with the terms of the court order for repayment.
3.24(d) If an arrearage exists at the time a support order would otherwise terminate
3.25and section518A.53, subdivision 10 , paragraph (c), does not apply to this section, the
3.26arrearage shall be repaid in an amount equal to the current support order until all arrears
3.27have been paid in full, absent a court order to the contrary.
3.28(e) If an arrearage exists according to a support order which fails to establish a
3.29monthly support obligation in a specific dollar amount, the public authority, if it provides
3.30child support services, or the obligee, may establish a payment agreement which shall
3.31equal what the obligor would pay for current support after application of section518A.34 ,
3.32plus an additional 20 percent of the current support obligation, until all arrears have been
3.33paid in full. If the obligor fails to enter into or comply with a payment agreement, the
3.34public authority, if it provides child support services, or the obligee, may move the district
4.1court or child support magistrate, if section484.702 applies, for an order establishing
4.2repayment terms.
4.3(f) If there is no longer a current support order because all of the children of the
4.4order are emancipated, the public authority may discontinue child support services and
4.5close its case under title IV-D of the Social Security Act if:
4.6(1) the arrearage is under $500; or
4.7(2) the arrearage is considered unenforceable by the public authority because there
4.8have been no collections for three years, and all administrative and legal remedies have
4.9been attempted or are determined by the public authority to be ineffective because the
4.10obligor is unable to pay, the obligor has no known income or assets, and there is no
4.11reasonable prospect that the obligor will be able to pay in the foreseeable future.
4.12 (g) At least 60 calendar days before the discontinuation of services under paragraph
4.13(f), the public authority must mail a written notice to the obligee and obligor at the
4.14obligee's and obligor's last known addresses that the public authority intends to close the
4.15child support enforcement case and explaining each party's rights. Seven calendar days
4.16after the first notice is mailed, the public authority must mail a second notice under this
4.17paragraph to the obligee.
4.18 (h) The case must be kept open if the obligee responds before case closure and
4.19provides information that could reasonably lead to collection of arrears. If the case is
4.20closed, the obligee may later request that the case be reopened by completing a new
4.21application for services, if there is a change in circumstances that could reasonably lead to
4.22the collection of arrears.
1.3child support obligors in arrears;amending Minnesota Statutes 2012, section
1.4518A.53, subdivisions 1, 4, 10; Minnesota Statutes 2013 Supplement, section
1.5518A.60.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 518A.53, subdivision 1, is amended to read:
1.8 Subdivision 1. Definitions. (a) For the purpose of this section, the following terms
1.9have the meanings provided in this subdivision unless otherwise stated.
1.10(b) "Payor of funds" means any person or entity that provides funds to an obligor,
1.11including an employer as defined under chapter 24 of the Internal Revenue Code,
1.12section 3401(d), an independent contractor, payor of worker's compensation benefits or
1.13unemployment benefits, or a financial institution as defined in section
1.14(c) "Business day" means a day on which state offices are open for regular business.
1.15(d) "Arrears"
1.16meaning given in section 518A.26, subdivision 3.
1.17 Sec. 2. Minnesota Statutes 2012, section 518A.53, subdivision 4, is amended to read:
1.18 Subd. 4. Collection services. (a) The commissioner of human services shall prepare
1.19and make available to the courts a notice of services that explains child support and
1.20maintenance collection services available through the public authority, including income
1.21withholding, and the fees for such services. Upon receiving a petition for dissolution of
1.22marriage or legal separation, the court administrator shall promptly send the notice of
1.23services to the petitioner and respondent at the addresses stated in the petition.
2.1(b) Either the obligee or obligor may at any time apply to the public authority for
2.2either full IV-D services or for income withholding only services.
2.3(c) For those persons applying for income withholding only services, a monthly
2.4service fee of $15 must be charged to the obligor. This fee is in addition to the amount of
2.5the support order and shall be withheld through income withholding. The public authority
2.6shall explain the service options in this section to the affected parties and encourage the
2.7application for full child support collection services.
2.8(d) If the obligee is not a current recipient of public assistance as defined in section
2.10full IV-D services or income withholding only services regardless of whether income
2.11withholding is currently in place. The obligee or obligor may reapply for either full IV-D
2.12services or income withholding only services at any time. Unless the applicant is a
2.13recipient of public assistance as defined in section
2.14charged at the time of each application.
2.15(e) When a person terminates IV-D services, if an arrearage for public assistance as
2.16defined in section
2.17as well as use any other enforcement remedy for the collection of child support, until all
2.18public assistance arrears are paid in full. Income withholding shall be in an amount equal
2.19to 20 percent of the support order in effect at the time the services terminated, unless the
2.20court has ordered a specific monthly payback amount to be applied toward the arrears. If a
2.21support order includes a specific monthly payback amount, income withholding shall be
2.22for the specific monthly payback amount ordered.
2.23 Sec. 3. Minnesota Statutes 2012, section 518A.53, subdivision 10, is amended to read:
2.24 Subd. 10. Arrearage order. (a) This section does not prevent the court from
2.25ordering the payor of funds to withhold amounts to satisfy the obligor's previous arrearage
2.26in support order payments. This remedy shall not operate to exclude availability of other
2.27remedies to enforce judgments. The employer or payor of funds shall withhold from
2.28the obligor's income an additional amount equal to 20 percent of the monthly child
2.29support or maintenance obligation until the arrearage is paid, unless the court has ordered
2.30a specific monthly payback amount toward the arrears. If a support order includes a
2.31specific monthly payback amount, the employer or payor of funds shall withhold from
2.32the obligor's income an additional amount equal to the specific monthly payback amount
2.33ordered until all arrearages are paid.
3.1(b) Notwithstanding any law to the contrary, funds from income sources included
3.2in section
3.3attachment or execution upon a judgment for child support arrearage.
3.4(c) Absent an order to the contrary, if an arrearage exists at the time a support
3.5order would otherwise terminate, income withholding shall continue in effect or may be
3.6implemented in an amount equal to the support order plus an additional 20 percent of the
3.7monthly child support obligation, until all arrears have been paid in full.
3.8 Sec. 4. Minnesota Statutes 2013 Supplement, section 518A.60, is amended to read:
3.9518A.60 COLLECTION; ARREARS ONLY.
3.10(a) Remedies available for the collection and enforcement of support in this chapter
3.11and chapters 256, 257, 518, and 518C also apply to cases in which the child or children
3.12for whom support is owed are emancipated and the obligor owes past support or has an
3.13accumulated arrearage as of the date of the youngest child's emancipation. Child support
3.14arrearages under this section include arrearages for child support, medical support, child
3.15care, pregnancy and birth expenses, and unreimbursed medical expenses as defined in
3.16section
3.17(b) This section applies retroactively to any support arrearage that accrued on or
3.18before June 3, 1997, and to all arrearages accruing after June 3, 1997.
3.19(c) Past support or pregnancy and confinement expenses ordered for which the
3.20obligor has specific court ordered terms for repayment may not be enforced using drivers'
3.21and occupational or professional license suspension
3.22
3.23 unless the obligor fails to comply with the terms of the court order for repayment.
3.24(d) If an arrearage exists at the time a support order would otherwise terminate
3.25and section
3.26arrearage shall be repaid in an amount equal to the current support order until all arrears
3.27have been paid in full, absent a court order to the contrary.
3.28(e) If an arrearage exists according to a support order which fails to establish a
3.29monthly support obligation in a specific dollar amount, the public authority, if it provides
3.30child support services, or the obligee, may establish a payment agreement which shall
3.31equal what the obligor would pay for current support after application of section
3.32plus an additional 20 percent of the current support obligation, until all arrears have been
3.33paid in full. If the obligor fails to enter into or comply with a payment agreement, the
3.34public authority, if it provides child support services, or the obligee, may move the district
4.1court or child support magistrate, if section
4.2repayment terms.
4.3(f) If there is no longer a current support order because all of the children of the
4.4order are emancipated, the public authority may discontinue child support services and
4.5close its case under title IV-D of the Social Security Act if:
4.6(1) the arrearage is under $500; or
4.7(2) the arrearage is considered unenforceable by the public authority because there
4.8have been no collections for three years, and all administrative and legal remedies have
4.9been attempted or are determined by the public authority to be ineffective because the
4.10obligor is unable to pay, the obligor has no known income or assets, and there is no
4.11reasonable prospect that the obligor will be able to pay in the foreseeable future.
4.12 (g) At least 60 calendar days before the discontinuation of services under paragraph
4.13(f), the public authority must mail a written notice to the obligee and obligor at the
4.14obligee's and obligor's last known addresses that the public authority intends to close the
4.15child support enforcement case and explaining each party's rights. Seven calendar days
4.16after the first notice is mailed, the public authority must mail a second notice under this
4.17paragraph to the obligee.
4.18 (h) The case must be kept open if the obligee responds before case closure and
4.19provides information that could reasonably lead to collection of arrears. If the case is
4.20closed, the obligee may later request that the case be reopened by completing a new
4.21application for services, if there is a change in circumstances that could reasonably lead to
4.22the collection of arrears.
