Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 308--S.F.No. 545
An act relating to welfare; changing laws relating to
child support enforcement; providing for determination
of paternity; providing for determination and
modification of child support; amending Minnesota
Statutes 1982, sections 256.74, by adding a
subdivision; 256.87, and by adding subdivisions;
257.55, subdivision 1; 257.58; 257.59, subdivision 1;
257.60; 257.62, subdivision 1, and by adding a
subdivision; 257.64, subdivision 1; 257.66,
subdivisions 3 and 4; 257.69, subdivision 2; 518.10;
518.17, by adding a subdivision; 518.551, subdivisions
1, 5, and 6, and by adding subdivisions; 518.611;
518.64, subdivisions 2 and 5; 518.645; 518B.01,
subdivisions 2 and 6; 518C.17, subdivision 1; 518C.33,
subdivision 1; and 548.09; proposing new law coded in
Minnesota Statutes, chapters 257, 518, and 543;
repealing Minnesota Statutes 1982, sections 256.87,
subdivision 2; 256.872; 256.873; 256.876; and 518.551,
subdivisions 2, 3, and 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1982, section 256.74, is
amended by adding a subdivision to read:
Subd. 5. [ASSIGNMENT OF SUPPORT AND MAINTENANCE RIGHTS.]
An applicant for assistance, or a recipient of assistance, under
sections 256.72 to 256.87 is considered to have assigned to the
public agency responsible for child support enforcement at the
time of application all rights to child support and maintenance
from any other person the applicant may have in his own behalf
or in the behalf of any other family member for whom application
is made. The assignment:
(1) is effective as to both current and accrued child
support and maintenance obligations;
(2) takes effect upon a determination that the applicant is
eligible for assistance under sections 256.72 to 256.87;
(3) terminates when an applicant ceases to receive
assistance under sections 256.72 to 256.87, except with respect
to the amount of any unpaid support or maintenance obligation,
or both, accrued under the assignment.
Sec. 2. Minnesota Statutes 1982, section 256.87, is
amended to read:
256.87 [CONTRIBUTION BY PARENTS; AMENDMENTS; REPEALS.]
Subdivision 1. [ACTIONS AGAINST PARENTS FOR ASSISTANCE
FURNISHED.] At any time during the continuance of assistance to
a child granted under sections 256.72 to 256.87 except as set
forth below, a parent of a child is liable for the amount of
assistance furnished during the two years immediately preceding
the commencement of the action which the parent is reasonably
able to pay. Provided, however, that where child support has
been previously ordered, the state or county agency providing
the assistance, as assignee of the obligee, shall be entitled to
judgments for child support payments accruing within ten years
preceding the date of the commencement of the action to
collect. The action may be ordered by the state agency or
county agency and shall be brought in the name of the county by
the county attorney of the county in which the assistance was
granted, or by the state agency against the parent for the
recovery of the amount of assistance granted, together with the
costs and disbursements of the action.
Subd. 1a. [CONTINUING SUPPORT CONTRIBUTIONS.] In addition
to granting the county or state agency a money judgment, the
court may, upon a motion or order to show cause, order
continuing support contributions by a parent found able to
reimburse the county or state agency. Except as provided in
subdivision 4, the order shall be effective only for the period
of time during which the recipient receives public assistance
from the any county or state agency and for 90 days thereafter
the order shall require support according to chapter 518. An
order for continuing contributions is reinstated without further
hearing upon notice to the parent by the any county or state
agency that assistance is again being provided for the child of
the parent under sections 256.72 to 256.87. The notice shall be
in writing and shall indicate that the parent may request a
hearing for modification of the amount of support or maintenance
, the amount required to be paid, and the conditions under which
income withholding can occur. In any order modifying the amount
of support or maintenance, the court may, if appropriate, make
the modification retroactive to the date of automatic
reinstatement.
Subd. 2. [NOT TO BE VESTED RIGHT.] All assistance granted
under those sections shall be deemed to be granted and to be
held subject to the provisions of any amending or repealing act
that may hereafter be passed. No recipient shall have any claim
for compensation, or otherwise, by reason of his assistance
being affected in any way by any amending or repealing act.
Subd. 3. [CONTINUING CONTRIBUTIONS TO FORMER RECIPIENT.]
The order for continuing support contributions shall remain in
effect following the 90 day period after public assistance
granted under sections 256.72 to 256.87 is terminated if:
(a) the former recipient files an affidavit with the court
within 90 days of the termination of assistance requesting that
the support order remain in effect;
(b) the public authority serves written notice of the
filing by mail on the parent responsible for making the support
payments at that parent's last known address and notice that the
parent may move the court under section 518.64 to modify the
order respecting the amount of support or maintenance; and
(c) the former recipient makes an application to use the
public authority's collection services.
Subd. 4. [ORDER FOR MODIFICATION.] In any order modifying
the amount of support or maintenance under this section, the
court may make the modification retroactive to the date public
assistance was terminated or reinstated.
Subd. 5. [CHILD NOT RECEIVING ASSISTANCE.] A parent having
custody of a dependent child not receiving assistance under
sections 256.72 to 256.87 has a cause of action for child
support against the child's absent parent. Upon an order to
show cause and a motion served on the absent parent, the court
shall order child support payments from the absent parent under
chapter 518.
Sec. 3. [257.541] [CUSTODY AND VISITATION OF CHILDREN BORN
OUTSIDE OF MARRIAGE.]
Subdivision 1. [MOTHER'S RIGHT TO CUSTODY.] The natural
mother of a child born to a mother who was not married to the
child's father neither when the child was born nor when the
child was conceived has sole custody of the child until
paternity has been established.
Subd. 2. [FATHER'S RIGHT TO VISITATION.] (a) If paternity
has been acknowledged under section 257.34 and paternity has
been established under sections 257.51 to 257.74, the father's
rights of visitation or custody are determined under sections
518.17 and 518.175.
(b) If paternity has not been acknowledged under section
257.34 and paternity has been established under sections 257.51
to 257.74, the natural father may petition for rights of
visitation or custody in a separate proceeding under section
518.156.
Sec. 4. Minnesota Statutes 1982, section 257.55,
subdivision 1, is amended to read:
Subdivision 1. [PRESUMPTION.] A man is presumed to be the
natural father of a child if:
(a) He and the child's natural mother are or have been
married to each other and the child is born during the marriage,
or within 280 days after the marriage is terminated by death,
annulment, declaration of invalidity, dissolution, or divorce,
or after a decree of legal separation is entered by a court;
(b) Before the child's birth, he and the child's natural
mother have attempted to marry each other by a marriage
solemnized in apparent compliance with law, although the
attempted marriage is or could be declared void, voidable, or
otherwise invalid, and,
(1) if the attempted marriage could be declared invalid
only by a court, the child is born during the attempted
marriage, or within 280 days after its termination by death,
annulment, declaration of invalidity, dissolution or divorce; or
(2) if the attempted marriage is invalid without a court
order, the child is born within 280 days after the termination
of cohabitation;
(c) After the child's birth, he and the child's natural
mother have married, or attempted to marry, each other by a
marriage solemnized in apparent compliance with law, although
the attempted marriage is or could be declared void, voidable,
or otherwise invalid, and,
(1) he has acknowledged his paternity of the child in
writing filed with the district court or the state registrar of
vital statistics;
(2) with his consent, he is named as the child's father on
the child's birth certificate; or
(3) he is obligated to support the child under a written
voluntary promise or by court order;
(d) While the child is under the age of majority, he
receives the child into his home and openly holds out the child
as his natural child; or
(e) He acknowledges and the child's natural mother
acknowledge his paternity of the child in a writing signed by
both of them under section 257.34 and filed with the district
court or the state registrar of vital statistics, which shall
promptly inform the mother of the filing of the acknowledgment,
and she does not within a reasonable time after being informed
thereof dispute the acknowledgment in a writing filed with the
district court or the state registrar of vital statistics. If
another man is presumed under this clause to be the child's
father, acknowledgment may be effected only with the written
consent of the presumed father or after the presumption has been
rebutted.
Sec. 5. Minnesota Statutes 1982, section 257.58, is
amended to read:
257.58 [LIMITATION OF ACTIONS; EXCEPTIONS.]
Subdivision 1. [ACTIONS FOR CHILDREN WITHOUT A PRESUMED
FATHER.] Except for (a) an action brought by or on behalf of a
child whose paternity has not been determined, and (b) an action
brought by the public authority responsible for child support
enforcement, if a child is over three years old when he or she
first receives public assistance in the state of Minnesota, an
action to determine the existence of the father and child
relationship as to a child who has no presumed father under
section 257.55 may not be brought later than three years after
the birth of the child, or later than three years after August
1, 1980, whichever is later. An action brought by or on behalf
of a child whose paternity has not been determined is not barred
until one year after the child reaches the age of majority. If
a child is over three years old when he or she first receives
public assistance in the state of Minnesota, an action brought
by the public authority responsible for child support
enforcement is not barred until three years after the public
assistance is first provided in this state.
Subd. 2. [HEIRSHIP.] Section 257.57 and this section do
not extend the time within which a right of inheritance or a
right to a succession may be asserted beyond the time provided
by law relating to distribution and closing of decedents'
estates or to the determination of heirship, or otherwise.
Sec. 6. Minnesota Statutes 1982, section 257.59,
subdivision 1, is amended to read:
Subdivision 1. [COURT JURISDICTION.] Except in Hennepin
and Ramsey counties, the county court has jurisdiction of an
action brought under sections 257.51 to 257.74. In Hennepin and
Ramsey counties, the district court has jurisdiction of an
action brought under sections 257.51 to 257.74. The action may
be joined with an action for dissolution, annulment, legal
separation, custody under chapter 518, or reciprocal enforcement
of support.
Sec. 7. Minnesota Statutes 1982, section 257.60, is
amended to read:
257.60 [PARTIES.]
The child may be made a party to the action. If the child
is a minor and is made a party, a general guardian or a guardian
ad litem shall be appointed by the court to represent the
child. The child's mother or father may not represent the child
as guardian or otherwise. The court may appoint the
commissioner of public welfare as guardian ad litem for the
child. If the child is a minor and the case involves a
compromise under section 257.64, subdivision 1 or a lump sum
payment under section 257.66, subdivision 4, the child and the
commissioner of public welfare shall each be made a party and
the commissioner of public welfare shall be appointed as
guardian ad litem before the court approves a compromise or
orders a lump sum payment. The natural mother, each man
presumed to be the father under section 257.55, and each man
alleged to be the natural father, shall be made parties or, if
not subject to the jurisdiction of the court, shall be given
notice of the action in a manner prescribed by the court and
shall be given an opportunity to be heard. A person who may
bring an action under section 257.57 may be made a party to the
action. The court may align the parties.
Sec. 8. Minnesota Statutes 1982, section 257.62,
subdivision 1, is amended to read:
Subdivision 1. [BLOOD TESTS REQUIRED.] The court may, and
upon request of a party shall, require the child, mother, or
alleged father to submit to blood tests or genetic tests, or
both. If the alleged father is dead, the court may, and upon
request of a party shall, require the decedent's parents or
brothers and sisters or both to submit to blood tests. However,
in a case involving these relatives of an alleged father, who is
deceased, the court may refuse to order blood tests if the court
makes an express finding that submitting to the tests presents a
danger to the health of one or more of these relatives that
outweighs the child's interest in having the tests performed.
Unless the person gives consent to the use, the results of any
blood tests of the decedent's parents, brothers, or sisters may
be used only to establish the right of the child to public
assistance including but not limited to social security and
veterans' benefits. The tests shall be performed by a qualified
expert appointed by the court.
Sec. 9. Minnesota Statutes 1982, section 257.62, is
amended by adding a subdivision to read:
Subd. 5. [POSITIVE TEST RESULTS.] If the results of the
blood tests indicate that the likelihood of the alleged father's
paternity is more than 92 percent, upon motion the court shall
order the alleged father to pay temporary child support
determined according to chapter 518. The alleged father shall
pay the support money into court pursuant to the rules of civil
procedure to await the results of the paternity proceedings.
Sec. 10. Minnesota Statutes 1982, section 257.64,
subdivision 1, is amended to read:
257.64 [PRE-TRIAL ORDERS AND RECOMMENDATIONS.]
Subdivision 1. On the basis of the information produced at
the pretrial hearing, including information as to the financial
status of the parties, the court may, and if requested by a
party, shall evaluate the probability of determining the
existence or nonexistence of the father and child relationship
in a trial and whether a judicial declaration would be in the
best interest of the child. On the basis of the evaluation, an
appropriate recommendation for settlement shall be made to the
parties, which may include any of the following:
(a) That the action be dismissed with or without prejudice;
(b) recommend that the alleged father voluntarily
acknowledge his paternity of the child if the parties have
agreed on a financial settlement; or
(c) (b) recommend that the matter be compromised by an
agreement among the alleged father, the mother, and the child,
in which the father and child relationship is not determined but
in which a defined economic obligation is undertaken by the
alleged father in favor of the child and, if appropriate, in
favor of the mother, subject to approval by the court. In
reviewing the obligation undertaken by the alleged father in a
compromise agreement, the court shall consider the best interest
of the child, in the light of the applicable factors enumerated
in section 518.17, subdivision 3, discounted by the
improbability, as it appears to the court, of establishing the
alleged father's paternity or nonpaternity of the child in a
trial of the action. In the best interest of the child, the
court may order that the alleged father's identity be kept
confidential. In that case, the court may designate a person or
agency to receive from the alleged father and disburse on behalf
of the child all amounts paid by the alleged father in
fulfillment of obligations imposed on him. When the child
reaches 21 years of age or older he may petition the court to
disclose the alleged father's identity. The court shall grant
the petition if after considering the interests of all known
persons involved, the court determines that disclosure of the
information would be of greater benefit than nondisclosure.
Sec. 11. Minnesota Statutes 1982, section 257.66,
subdivision 3, is amended to read:
Subd. 3. [JUDGMENT; ORDER.] The judgment or order shall
contain provisions concerning the duty of support, the custody
and guardianship of the child, the name of the child, visitation
privileges with the child, the furnishing of bond or other
security for the payment of the judgment, or any other matter in
the best interest of the child. Custody and visitation and all
subsequent motions related to them shall proceed and be
determined under section 3. These The remaining matters and all
subsequent motions related to them shall proceed and be
determined in accordance with chapter 518. The judgment or
order may direct the appropriate party to pay all or a
proportion of the reasonable expenses of the mother's pregnancy
and confinement, after consideration of the relevant facts,
including the relative financial means of the parents; the
earning ability of each parent; and any health insurance
policies held by either parent, or by a spouse or parent of the
parent, which would provide benefits for the expenses incurred
by the mother during her pregnancy and confinement.
Sec. 12. Minnesota Statutes 1982, section 257.66,
subdivision 4, is amended to read:
Subd. 4. [STATUTE OF LIMITATIONS.] Support judgments or
orders ordinarily shall be for periodic payments which may vary
in amount. In the best interest of the child, a lump sum payment
may be ordered in lieu of periodic payments of support. The
court shall limit the parent's liability for past support of the
child to the proportion of the expenses that the court deems
just, which were incurred in the immediate preceding two years
immediately preceding the commencement of the action.
Sec. 13. Minnesota Statutes 1982, section 257.69,
subdivision 2, is amended to read:
Subd. 2. [GUARDIAN; LEGAL FEES.] The court may order
reasonable counsel, expert witnesses, witness and guardian ad
litem fees, and other costs of the trial and pre-trial
proceedings, including appropriate tests, to be paid by the
parties in proportions and at times determined by the court.
The court shall require a party to pay part of the fees of
court-appointed counsel according to the party's ability to pay,
but if counsel has been appointed the appropriate agency shall
pay the party's proportion of all other fees and costs. The
agency responsible for child support enforcement shall pay the
fees and costs for blood tests in a proceeding in which it is a
party, is the real party in interest, or is acting on behalf of
the child. However, at the close of a proceeding in which
paternity has been established under sections 257.51 to 257.74,
the court shall order the adjudicated father to reimburse the
public agency, if the court finds he has sufficient resources to
pay the costs of the blood tests. When a party bringing an
action is represented by the county attorney, no filing fee
shall be paid to the clerk of court.
Sec. 14. Minnesota Statutes 1982, section 518.10, is
amended to read:
518.10 [REQUISITES OF PETITION.]
The petition for dissolution of marriage or legal
separation shall state and allege:
(a) The name and address of the petitioner;
(b) The name and, if known, the address of the respondent;
(c) The place and date of the marriage of the parties;
(d) In the case of a petition for dissolution, that either
the petitioner or the respondent or both:
(1) Has resided in this state for not less than 180 days
immediately preceding the commencement of the proceeding, or
(2) Has been a member of the armed services and has been
stationed in this state for not less than 180 days immediately
preceding the commencement of the proceeding, or
(3) Has been a domiciliary of this state for not less than
180 days immediately preceding the commencement of the
proceeding;
(e) The name, age and date of birth of each living minor or
dependent child of the parties born before the marriage or born
or adopted during the marriage and a reference to, and the
expected date of birth of, a child of the parties conceived
during the marriage but not born;
(f) Whether or not a separate proceeding for dissolution,
legal separation, or custody is pending in a court in this state
or elsewhere;
(g) In the case of a petition for dissolution, that there
has been an irretrievable breakdown of the marriage relationship;
(h) In the case of a petition for legal separation, that
there is a need for a decree of legal separation; and
(i) Any temporary or permanent maintenance, child support,
child custody, disposition of property, attorneys' fees, costs
and disbursements applied for without setting forth the amounts.
The petition shall be verified by the petitioner or
petitioners, and its allegations established by competent
evidence.
Sec. 15. Minnesota Statutes 1982, section 518.17, is
amended by adding a subdivision to read:
Subd. 5. [DEVIATION FROM GUIDELINES.] The court shall not
order the noncustodial parent to pay support in an amount below
the appropriate amount determined from the guidelines in section
17 for use in public assistance cases unless the court makes
express findings of fact as to the reason for the lower order.
Sec. 16. Minnesota Statutes 1982, section 518.551,
subdivision 1, is amended to read:
Subdivision 1. [ORDER PAYMENT TO PUBLIC AGENCY.] Whenever
an obligation for support of a dependent child or maintenance of
a spouse, or both, in a proceeding for dissolution or legal
separation or determination of parentage, has been determined
and ordered by a court of this state, that court shall order the
withholding of the amount of child support or maintenance as
determined by court order, from the income, regardless of
source, of the person obligated to pay the support or
maintenance. When an order for withholding has not previously
been secured, the obligee may or the public agency responsible
for child support enforcement shall move the court, and the
court shall grant the order.
Each order shall provide that the obligor's employer,
trustee, or other payor of funds shall withhold from the
obligor's income, regardless of source, an amount equal to the
court's order for support or maintenance.
The court shall direct that all payments ordered for
maintenance and support be made to the public agency responsible
for child support enforcement so long as the obligee is
receiving or has applied for public assistance. Amounts
received by the public agency responsible for child support
enforcement greater than the amount granted to the obligee shall
be remitted to the obligee.
Sec. 17. Minnesota Statutes 1982, section 518.551,
subdivision 5, is amended to read:
Subd. 5. [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] The
petitioner shall notify the public authority of all proceedings
for dissolution, legal separation, determination of parentage or
for the custody of a child, if either party is receiving aid to
families of with dependent children or applies for it subsequent
to the commencement of the proceeding. After receipt of the
notice, the public authority shall recommend to the court the
support that is proper and adequate for the care and support of
the child or children before the issuance of the order for
judgment and decree in the proceeding. shall set child support
by multiplying the obligor's net income by the percentage
indicated by the following guidelines:
Net Income Per Number of Children
Month of Obligor
1 2 3 4 5 6 7 or
more
$400 and Below Order based on the ability of the
obligor to provide support at these
income levels, or at higher levels,
if the obligor has the earning ability.
$401 - 500 14% 17% 20% 22% 24% 26% 28%
$501 - 550 15% 18% 21% 24% 26% 28% 30%
$551 - 600 16% 19% 22% 25% 28% 30% 32%
$601 - 650 17% 21% 24% 27% 29% 32% 34%
$651 - 700 18% 22% 25% 28% 31% 34% 36%
$701 - 750 19% 23% 27% 30% 33% 36% 38%
$751 - 800 20% 24% 28% 31% 35% 38% 40%
$801 - 850 21% 25% 29% 33% 36% 40% 42%
$851 - 900 22% 27% 31% 34% 38% 41% 44%
$901 - 950 23% 28% 32% 36% 40% 43% 46%
$951 - 1000 24% 29% 34% 38% 41% 45% 48%
$1001 and over 25% 30% 35% 39% 43% 47% 50%
Net Income defined as:
Total monthly
income less *(1) Federal Income Tax
*(2) State Income Tax
(3) Social Security Deductions
(4) Mandatory Pension
*Standard Deductions
Deductions apply- (5) Union Dues
use of tax tables (6) Dependent Health Insurance
recommended Coverage
(7) Individual Health/Hospital-
ization Coverage or
Medical Expense Deductions
not to exceed $25 a month.
(a) The child support payment guidelines take into
consideration the following criteria:
(1) all earnings, income, and resources of the obligor
including real and personal property;
(2) the basic living needs of the obligor;
(3) the financial needs of the child or children to be
supported; and
(4) the amount of the aid to families with dependent
children grant for the child or children.
(b) Debts owed to private creditors are not to be
considered in establishing a support obligation.
(c) Previous support orders and maintenance orders may be
considered if the obligor is paying them.
(d) Nothing shall preclude the court from receiving
evidence on the above factors to determine if the guidelines
should be exceeded or modified in a particular case.
(e) The above guidelines are binding in each case unless
the court makes express findings of fact as to the reason for
departure below the guidelines in that case in which the court
orders support that so deviates from the guidelines. It may
also increase the amount of child support by more than the
guidelines without making express findings by agreement of the
parties or by making further findings.
Sec. 18. Minnesota Statutes 1982, section 518.551,
subdivision 6, is amended to read:
Subd. 6. [FAILURE OF NOTICE.] If the court in a
dissolution, legal separation or determination of parentage
proceeding, finds before issuing the order for judgment and
decree, that notification has not been given to the public
authority, the court shall order that notification be made and
shall not issue its order for judgment and decree until the
public authority has made its recommendations set child support
according to the guidelines in section 17. In those proceedings
in which no notification has been made pursuant to this section
and in which the public authority determines that the judgment
is not proper and adequate for the care and support of the child
or children lower than the child support required by the
guidelines in section 17, it may shall move the court for a
redetermination of the support payments ordered so that the
support payments comply with the guidelines.
Sec. 19. Minnesota Statutes 1982, section 518.551, is
amended by adding a subdivision to read:
Subd. 8. [HEALTH INSURANCE OR PLAN.] The court shall also
include in the requirements for each child support order a
provision naming the child as a beneficiary on whatever medical,
hospitalization or dental insurance or plan is available to the
obligor on a group basis through his or her employer or union.
Sec. 20. Minnesota Statutes 1982, section 518.551, is
amended by adding a subdivision to read:
Subd. 9. [ASSIGNMENT OF RIGHTS; JUDGMENT.] The public
agency responsible for child support enforcement is joined as a
party in each case in which rights are assigned under section
1. When arrearages are reduced to judgment, the court shall
grant judgment in favor of, and in the name of, the public
agency to the extent that the arrearages are assigned. The
public agency may enforce a judgment entered before the
assignment of rights as if the judgment were granted to it, and
in its name, to the extent that the arrearages in that judgment
are assigned.
Sec. 21. Minnesota Statutes 1982, section 518.611, is
amended to read:
518.611 [ASSIGNMENTS INCOME WITHHOLDING.]
Subdivision 1. [ORDER.] Whenever an obligation for support
of a dependent child or maintenance of a spouse, or both, in a
proceeding for dissolution or legal separation or determination
of parentage, has been is determined and ordered by a court of
this state, that court shall order the withholding of the amount
of child support or maintenance as determined by court order,
from the income, regardless of source, of the person obligated
to pay the support or maintenance. When an order for
withholding has not previously been secured, the obligee may or
the public agency responsible for child support enforcement
shall move the court, and the court shall grant the order.
Subd. 2. [NOTICE TO OBLIGOR OF CONDITIONS.] Each order for
withholding shall provide for a conspicuous notice to the
obligor that withholding may result if the obligor fails to make
the maintenance or support payments, and that no withholding
shall be made until the following conditions are met:
(a) The obligee or the public authority determines that the
obligor is at least 30 days in arrears;
(b) The obligee or the public authority serves written
notice of its determination of arrearage on the obligor at least
15 days before service of the determination and a copy of the
court's order for withholding on the payor of funds;
(c) Within the 15 day period, the obligor has either failed
to pay all arrearages or to move the court, under section
518.64, to modify the order respecting the amount of maintenance
or support and, ex parte, to stay service on the payor of funds
until the motion to modify is heard; and
(d) The obligee or the public authority serves a copy of
the determination of arrearage and a copy of the court's
withholding order on the payor of funds.
(e) The obligee shall also serve on the public authority a
copy of the determination of arrearage, a copy of the court's
withholding order and an application to use the public
authority's collection services.
Subd. 3. [MODIFICATION ORDERS.] An order modifying the
amount of maintenance or support, issued after the hearing on
the motion to modify, shall provide that payments be made
outright by withholding. The provisions of subdivision 2 do not
apply.
Subd. 4. [EFFECT OF ORDER.] Notwithstanding any law to the
contrary, the order is binding on the employer, trustee, or
other payor of the funds upon service upon him of notice that it
has been made. The payor shall withhold from the income payable
to the obligor the amount specified in the order and shall
monthly or more frequently remit the amounts withheld to the
public authority. Amounts received by the public authority
which are in excess of public assistance expended for the party
or for a child shall be remitted to the party. An employer
shall not discharge or otherwise discipline an employee as a
result of a wage or salary assignment withholding authorized by
this section.
Subd. 5. [ARREARAGE ORDER.] Nothing in this section shall
prevent the court from ordering the payor of funds to withhold
amounts to satisfy the obligor's previous arrearage in child
support or maintenance payments, the obligor's liability for
pregnancy and confinement expenses and for blood test costs, and
any service fees that may be imposed under section 518.551.
Subd. 6. [PRIORITY.] An order for withholding under this
section or execution or garnishment upon a judgment for child
support arrearages or preadjudicated expenses shall have
priority over an attachment, execution, garnishment, or wage
assignment unless otherwise ordered by the court and shall not
be subject to the statutory limitations on amounts levied
against the income of the obligor.
Subd. 7. [EMPLOYER EXPENSES.] An employer may deduct one
dollar from the obligor-employee's remaining salary for each
payment made pursuant to a withholding order under this section
to cover the employer's expenses involved in the withholding.
Subd. 8. [EMPLOYER OR PAYOR NOTICE.] When a withholding
order is in effect and the obligor's employment is terminated or
the periodic payment terminates, the obligor's employer or the
payor of funds shall notify the public agency responsible for
child support enforcement of the termination within 30 days of
the termination date. The notice shall include the obligor's
home address and the name and address of the obligor's new
employer or payor of funds, if known.
Sec. 22. Minnesota Statutes 1982, section 518.64,
subdivision 2, is amended to read:
Subd. 2. [MODIFICATION.] The terms of a decree respecting
maintenance or support may be modified upon a showing of one or
more of the following: (1) substantially increased or decreased
earnings of a party or; (2) substantially increased or decreased
need of a party,; (3) receipt of assistance under sections
256.72 to 256.87; or (4) a change in the cost-of-living for
either party as measured by the federal bureau of statistics,
any of which makes the terms unreasonable and unfair. On a
motion for modification of support, the court shall take into
consideration the needs of the children and the financial
circumstances of the custodial parent's spouse, if any. A
modification which decreases support or maintenance may be made
retroactive only upon a showing that any failure to pay in
accord with the terms of the original order was not willful. A
modification which increases support or maintenance shall not be
made retroactive if the obligor has substantially complied with
the previous order. Except for an award of the right of
occupancy of the homestead, provided in section 518.63, all
divisions of real and personal property provided by section
518.58 shall be final, and may be revoked or modified only where
the court finds the existence of conditions that justify
reopening a judgment under the laws of this state. The court
may impose a lien or charge on the divided property at any time
while the property, or subsequently acquired property, is owned
by the parties or either of them, for the payment of maintenance
or support money, or may sequester the property as is provided
by section 518.24.
Sec. 23. Minnesota Statutes 1982, section 518.64,
subdivision 5, is amended to read:
Subd. 5. [FORM.] The department of public welfare shall
prepare and make available to courts and, obligors and persons
to whom child support is owed a form to be submitted by the
obligor or the person to whom child support is owed in support
of a motion for a modification of an order pursuant to this
section or section 256.87. The rule-making rulemaking
provisions of chapter 14 shall not apply to the preparation of
the form.
Sec. 24. [518.641] [COST-OF-LIVING ADJUSTMENTS IN CHILD
SUPPORT ORDER.]
Subdivision 1. [REQUIREMENT.] An order for child support
shall provide for a biennial adjustment in the amount to be paid
based on a change in the cost-of-living. The order shall
specify the cost-of-living index to be applied. The court may
use the consumer price index for all urban consumers,
Minneapolis-St. Paul (CPI-U), the consumer price index for wage
earners and clerical, Minneapolis-St. Paul (CPI-W), or another
cost-of-living index published by the department of labor which
it specifically finds is more appropriate. The court may
specify that the housing component be excluded from the
cost-of-living adjustment. Cost-of-living increases under this
section shall be compounded. It may also increase the amount by
more than the cost-of-living adjustment by agreement of the
parties or by making further findings. The adjustment becomes
effective on the first of May of the year in which it is made.
A court may waive the requirement of the cost-of-living clause
if it expressly finds that the obligor's occupation or income,
or both, does not provide for cost-of-living adjustment or that
the order for child support has a provision such as a step
increase that has the effect of a cost-of-living clause. The
commissioner of public welfare may promulgate rules under this
section in accordance with the rulemaking provisions of chapter
14.
Subd. 2. [CONDITIONS.] No adjustment under this section
may be made unless the order provides for it and until the
following conditions are met:
(a) the obligee or public authority serves notice of its
application for adjustment by mail on the obligor at the
obligor's last known address at least 20 days before the
effective date of the adjustment;
(b) the notice to the obligor shall inform the obligor that
an adjustment in payments shall become effective on the first of
May; and
(c) after receipt of notice and before the effective day of
the adjustment, the obligor fails to request a hearing on the
issue of whether the adjustment should take effect, and ex
parte, to stay imposition of the adjustment pending outcome of
the hearing.
Subd. 3. [RESULT OF HEARING.] If, at a hearing pursuant to
this section, the obligor establishes an insufficient cost of
living or other increase in income that prevents fulfillment of
the adjusted child support obligation, the court may direct that
all or part of the adjustment not take effect. If, at the
hearing, the obligor does not establish this insufficient
increase in income, the adjustment shall take effect as of the
date it would have become effective had no hearing been
requested.
Subd. 4. [FORM.] The department of public welfare shall
prepare and make available to the court and obligors a form to
be submitted to the department by the obligor in support of a
request for hearing under this section. The rulemaking
provisions of chapter 14 shall not apply to the preparation of
the form.
Subd. 5. [REQUEST FOR COST-OF-LIVING CLAUSE.] A motion for
enforcement or modification of an existing child support order
shall include a request for a cost-of-living clause. The court
may deny the request only upon an express finding that the
obligor's occupation, income, or both, does not provide for a
cost-of-living adjustment or that the existing child support
order either has a cost-of-living clause or sets forth a step
increase which has the effect of a cost-of-living adjustment.
Sec. 25. Minnesota Statutes 1982, section 518.645, is
amended to read:
518.645 [FORM OF ORDER.]
Unless otherwise ordered by the court, an order for
withholding of support or maintenance payments issued pursuant
to sections 256.872, subdivision 1, 518.551, subdivision 1, or
518.611, subdivision 1, under this chapter shall be
substantially in the following form:
IT IS ORDERED THAT:
1. That The sum of ..................... per ...........,
representing child support and/or spousal maintenance, ordered
by the Court, shall be withheld from the (Husband/Wife
Respondent/Petitioner)'s income on .................. by
(his/her) present employer or other payor of funds,
................................., and any future employer or
other payor of funds, and shall be remitted at least monthly to:
.........................., monthly or more frequently, in
accordance with the provisions of Minnesota Statutes, Chapter
518. The file number above and the employee's Obligor's name
shall be included with each remittance.
2. That The parties are notified that CHILD SUPPORT AND/OR
MAINTENANCE WILL BE WITHHELD FROM INCOME ONLY AFTER ALL OF THE
FOLLOWING CONDITIONS HAVE BEEN MET:
(a) ............... or the Obligee determines that the
Obligor is at least thirty days in arrears in the payment of
child support and/or spousal maintenance;
(b) .............. or the Obligee serves written notice on
the Obligor of its determination that child support and/or
maintenance payments are thirty days in arrears;
(c) Within fifteen days after service of the notice, the
Obligor either fails to pay all past due payments or to move the
Court, Minnesota Statutes, Section 518.64, to modify the order
respecting the amount of child support and/or spousal
maintenance and, ex parte, to stay service of withholding on the
employer or other payor of funds until the motion to modify is
heard; and
(d) Not sooner than fifteen days after service of written
notice in paragraph (b) on the Obligor, .............. or the
Obligee serves a copy of its determination of a thirty-day
delinquency and a copy of the Court's withholding order on the
employer or other payor of funds, who will then be obligated to
withhold payments from income and forward the amount withheld to
............ .
3. That The parties and the employer or other payor of
funds are further notified that NO EMPLOYER MAY DISCHARGE,
SUSPEND, OR OTHERWISE PENALIZE OR DISCIPLINE AN EMPLOYEE BECAUSE
THE EMPLOYER MUST WITHHOLD SUPPORT OR MAINTENANCE MONEY.
Minnesota Statutes, Sections 256.873 and 518.611, Subdivision
4. A VIOLATION OF THIS PROVISION IS A MISDEMEANOR. Minnesota
Statutes, section 256.878 518.611.
4. That, In the event If the Obligee performs service on
serves the employer or other payor of funds under paragraph 2
(d), the Obligee shall also serve the determination and order
shall also be served on ..............., together with an
application to use collection services.
5. That Service of this Order shall be...................
.............................................................. .
Sec. 26. Minnesota Statutes 1982, section 518B.01,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms shall have the meanings given them:
(a) "Domestic abuse" means: (i) physical harm, bodily
injury, assault, or the infliction of fear of imminent physical
harm, bodily injury or assault, between family or household
members; or (ii) criminal sexual conduct, within the meaning of
sections 609.342, 609.343, 609.344, or 609.345, committed
against a minor family or household member by an adult family or
household member;
(b) "Family or household members" means spouses, parents
and children, persons related by consanguinity, persons who have
a child in common regardless of whether they have been married
or have lived together at any time, and persons jointly residing
in the same dwelling unit.
Sec. 27. Minnesota Statutes 1982, section 518B.01,
subdivision 6, is amended to read:
Subd. 6. [RELIEF BY THE COURT.] Upon notice and hearing,
the court may provide relief as follows:
(a) Restrain any party from committing acts of domestic
abuse;
(b) Exclude the abusing party from the dwelling which the
parties share or from the residence of the petitioner;
(c) On the same basis as is provided in chapter 518, award
temporary custody or establish temporary visitation with regard
to minor children of the parties;
(d) On the same basis as is provided in chapter 518,
establish temporary support for minor children or a spouse, and
order the withholding of support from the income of the person
obligated to pay the support according to chapter 518;
(e) Provide counseling or other social services for the
parties, if married, or if there are minor children;
(f) Order the abusing party to participate in treatment or
counseling services;
(g) Order, in its discretion, other relief as it deems
necessary for the protection of a family or household member,
including orders or directives to the sheriff or constable, as
provided by this section.
Any relief granted by the order for protection shall be for
a fixed period not to exceed one year.
Sec. 28. Minnesota Statutes 1982, section 518C.17,
subdivision 1, is amended to read:
Subdivision 1. [ISSUANCE OF ORDER.] If the responding
court finds a duty of support, it may order the obligor to
furnish support or reimbursement therefor and subject the
property of the obligor to the order. Support orders made under
sections 518C.01 to 518C.36 shall require that payments be made
as the responding court directs and the responding court shall
order support payments under chapter 518. The court and the
prosecuting attorney of a county in which the obligor is present
or has property have the same powers and duties to enforce the
order as have those of the county in which it was first issued.
If enforcement is impossible, or cannot be completed in the
county in which the order was issued, the prosecuting attorney
shall send a certified copy of the order to the prosecuting
attorney of a county in which it appears that the proceedings to
enforce the order would be effective. The prosecuting attorney
to whom the certified copy of the order is forwarded shall
proceed with enforcement and report the results of the
proceedings to the court first issuing the order.
Sec. 29. Minnesota Statutes 1982, section 518C.33,
subdivision 1, is amended to read:
Subdivision 1. [OBLIGEE AND OBLIGOR IN DIFFERENT COUNTIES
BOTH IN THIS STATE.] Sections 518C.01 to 518C.36 apply if both
the obligee and the obligor are in this state but in different
counties.
Sec. 30. Minnesota Statutes 1982, section 548.09, is
amended to read:
548.09 [LIEN OF JUDGMENT.]
Subdivision 1. [DOCKETING; SURVIVAL OF JUDGMENT.] Every
judgment requiring the payment of money, including a judgment or
decree of dissolution or separate maintenance, a determination
of parentage, an order under the reciprocal enforcement of
support act, or an order under section 256.87, any of which
provide for installment or periodic payments of child support,
spousal maintenance, or both, shall be docketed by the clerk
upon the its entry thereof, and,. Upon a transcript of such
the docket being filed with the clerk in any other county, such
the clerk shall also docket the same it. From the time of such
docketing the judgment shall be is a lien, to in the amount
unpaid thereon, upon all real property in the county then or
thereafter owned by the judgment debtor. Such The judgment
shall survive survives, and the lien thereof continue continues,
for the period of ten years next after its entry, and no longer.
Subd. 2. [JUDGMENT CREDITOR'S AFFIDAVIT.] No judgment,
except for taxes, shall be docketed until the judgment creditor,
or his agent or attorney, shall have has filed with the clerk an
affidavit, stating the full name, occupation, place of
residence, and post office address of the judgment debtor, to
the best of affiant's information and belief; and,. If such the
residence be is within an incorporated place having more than
5,000 inhabitants, the street number of both his place of
residence and place of business, if he have has one, shall be
stated.
Subd. 3. [VIOLATIONS BY CLERK.] If the clerk shall violate
violates this provision, neither the judgment nor the docketing
thereof shall be is invalid, but he shall be liable to any
person damaged thereby in the sum of $5.
Sec. 31. [543.20] [PERSONAL JURISDICTION IN SUPPORT
ENFORCEMENT CASES AND PATERNITY SUITS.]
Subdivision 1. [SERVICE.] In addition to the methods of
service of process provided in the rules of civil procedure,
service of a summons, an order to show cause, or an order or
judgment within this state may also be made upon an individual
by delivering a copy to him or her personally at his or her
place of employment. The employer shall make the individual
available for the purpose of delivering a copy. No employer
shall deny a process server admittance to the employer's
premises for the purpose of making service under this section.
No service shall be allowed under this section unless such
service is made personally on the individual.
Subd. 2. [APPLICABILITY.] Service at a place of employment
applies only to: (a) summons in an action for dissolution,
amendment, legal separation, or under the parentage act and
under section 256.87; (b) orders to show cause under both
section 256.87 and the revised uniform reciprocal enforcement of
support act as well as for contempt of court for failure to pay
child support; (c) petitions under the domestic abuse act; and
(d) motions, orders and judgments for the payment of child
support when the court orders personal service.
Subd. 3. [RETALIATION PROHIBITED.] An employer shall not
discharge or otherwise discipline an employee as a result of
service under this section.
Sec. 32. [REPEALER.]
Minnesota Statutes 1982, sections 256.87, subdivision 2;
256.872; 256.873; 256.876; and 518.551, subdivisions 2, 3, and 4
are repealed.
Sec. 33. [EFFECTIVE DATE.]
Sections 17, 18, and 24 are effective August 1, 1983. The
rest of this act is effective the day following final enactment.
Approved June 9, 1983
Official Publication of the State of Minnesota
Revisor of Statutes