Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 158-S.F.No. 1944
An act relating to support; clarifying and modifying
the crime of nonsupport of a spouse or child;
providing notice of criminal penalties for nonsupport
of a spouse or child; specifying spousal liability for
medical necessities; imposing criminal penalties;
crediting child support payments to public authority;
authorizing collection of child support in arrears
under revenue recapture act under certain
circumstances; amending Minnesota Statutes 2000,
sections 518.551, subdivision 1; 518.6111, by adding a
subdivision; 518.68, subdivision 2; 519.05; 609.095;
609.375, subdivisions 1, 2, 2a, by adding
subdivisions; proposing coding for new law in
Minnesota Statutes, chapters 518; 609.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 518.551,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE; PAYMENT TO PUBLIC AGENCY.] (a) This
section applies to all proceedings involving a support order,
including, but not limited to, a support order establishing an
order for past support or reimbursement of public assistance.
(b) 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, or has applied
for child support and maintenance collection services. Public
authorities responsible for child support enforcement may act on
behalf of other public authorities responsible for child support
enforcement. This includes the authority to represent the legal
interests of or execute documents on behalf of the other public
authority in connection with the establishment, enforcement, and
collection of child support, maintenance, or medical support,
and collection on judgments.
(c) Payments made to the public authority other than
payments under section 518.6111 must be credited as of the date
the payment is received by the central collections unit.
(d) 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. 2. Minnesota Statutes 2000, section 518.6111, is
amended by adding a subdivision to read:
Subd. 19. [TIMING OF AUTOMATED ENFORCEMENT REMEDIES.] The
public authority shall make reasonable efforts to ensure that
automated enforcement remedies take into consideration the time
periods allowed under this section.
Sec. 3. [518.6196] [COLLECTION; REVENUE RECAPTURE.]
The public authority may submit debt under chapter 270A
only if the obligor is in arrears in court-ordered child support
or maintenance payments, or both, in an amount greater than the
obligor's total monthly support and maintenance payments or if
the debt has been entered and docketed as a judgment under
section 548.091, subdivision 2a.
Sec. 4. Minnesota Statutes 2000, section 518.68,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS.] The required notices must be
substantially as follows:
IMPORTANT NOTICE
1. PAYMENTS TO PUBLIC AGENCY
According to Minnesota Statutes, section 518.551,
subdivision 1, payments ordered for maintenance and support
must be paid to the public agency responsible for child
support enforcement as long as the person entitled to
receive the payments is receiving or has applied for public
assistance or has applied for support and maintenance
collection services. MAIL PAYMENTS TO:
2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A
FELONY
A person may be charged with a felony who conceals a minor
child or takes, obtains, retains, or fails to return a
minor child from or to the child's parent (or person with
custodial or visitation rights), according to Minnesota
Statutes, section 609.26. A copy of that section is
available from any district court clerk.
3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES
A person who fails to pay court-ordered child support or
maintenance may be charged with a crime, which may include
misdemeanor, gross misdemeanor, or felony charges,
according to Minnesota Statutes, section 609.375. A copy
of that section is available from any district court clerk.
3. 4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME
(a) Payment of support or spousal maintenance is to be as
ordered, and the giving of gifts or making purchases of
food, clothing, and the like will not fulfill the
obligation.
(b) Payment of support must be made as it becomes due, and
failure to secure or denial of parenting time is NOT an
excuse for nonpayment, but the aggrieved party must seek
relief through a proper motion filed with the court.
(c) Nonpayment of support is not grounds to deny parenting
time. The party entitled to receive support may apply for
support and collection services, file a contempt motion, or
obtain a judgment as provided in Minnesota Statutes,
section 548.091.
(d) The payment of support or spousal maintenance takes
priority over payment of debts and other obligations.
(e) A party who accepts additional obligations of support
does so with the full knowledge of the party's prior
obligation under this proceeding.
(f) Child support or maintenance is based on annual income,
and it is the responsibility of a person with seasonal
employment to budget income so that payments are made
throughout the year as ordered.
(g) If the obligor is laid off from employment or receives
a pay reduction, support may be reduced, but only if a
motion to reduce the support is served and filed with the
court. Any reduction will take effect only if ordered by
the court and may only relate back to the time that the
motion is filed. If a motion is not filed, the support
obligation will continue at the current level. The court
is not permitted to reduce support retroactively, except as
provided in Minnesota Statutes, section 518.64, subdivision
2, paragraph (c).
(h) Reasonable parenting time guidelines are contained in
Appendix B, which is available from the court administrator.
(i) The nonpayment of support may be enforced through the
denial of student grants; interception of state and federal
tax refunds; suspension of driver's, recreational, and
occupational licenses; referral to the department of
revenue or private collection agencies; seizure of assets,
including bank accounts and other assets held by financial
institutions; reporting to credit bureaus; interest
charging, income withholding, and contempt proceedings; and
other enforcement methods allowed by law.
4. 5. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17,
SUBDIVISION 3
Unless otherwise provided by the Court:
(a) Each party has the right of access to, and to receive
copies of, school, medical, dental, religious training, and
other important records and information about the minor
children. Each party has the right of access to
information regarding health or dental insurance available
to the minor children. Presentation of a copy of this
order to the custodian of a record or other information
about the minor children constitutes sufficient
authorization for the release of the record or information
to the requesting party.
(b) Each party shall keep the other informed as to the name
and address of the school of attendance of the minor
children. Each party has the right to be informed by
school officials about the children's welfare, educational
progress and status, and to attend school and parent
teacher conferences. The school is not required to hold a
separate conference for each party.
(c) In case of an accident or serious illness of a minor
child, each party shall notify the other party of the
accident or illness, and the name of the health care
provider and the place of treatment.
(d) Each party has the right of reasonable access and
telephone contact with the minor children.
5. 6. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE
Child support and/or spousal maintenance may be withheld
from income, with or without notice to the person obligated
to pay, when the conditions of Minnesota Statutes, section
518.6111 have been met. A copy of those sections is
available from any district court clerk.
6. 7. CHANGE OF ADDRESS OR RESIDENCE
Unless otherwise ordered, each party shall notify the other
party, the court, and the public authority responsible for
collection, if applicable, of the following information
within ten days of any change: the residential and mailing
address, telephone number, driver's license number, social
security number, and name, address, and telephone number of
the employer.
7. 8. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE
Child support and/or spousal maintenance may be adjusted
every two years based upon a change in the cost of living
(using Department of Labor Consumer Price Index ..........,
unless otherwise specified in this order) when the
conditions of Minnesota Statutes, section 518.641, are met.
Cost of living increases are compounded. A copy of
Minnesota Statutes, section 518.641, and forms necessary to
request or contest a cost of living increase are available
from any district court clerk.
8. 9. JUDGMENTS FOR UNPAID SUPPORT
If a person fails to make a child support payment, the
payment owed becomes a judgment against the person
responsible to make the payment by operation of law on or
after the date the payment is due, and the person entitled
to receive the payment or the public agency may obtain
entry and docketing of the judgment WITHOUT NOTICE to the
person responsible to make the payment under Minnesota
Statutes, section 548.091. Interest begins to accrue on a
payment or installment of child support whenever the unpaid
amount due is greater than the current support due,
according to Minnesota Statutes, section 548.091,
subdivision 1a.
9. 10. JUDGMENTS FOR UNPAID MAINTENANCE
A judgment for unpaid spousal maintenance may be entered
when the conditions of Minnesota Statutes, section 548.091,
are met. A copy of that section is available from any
district court clerk.
10. 11. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF
CHILD SUPPORT
A judgment for attorney fees and other collection costs
incurred in enforcing a child support order will be entered
against the person responsible to pay support when the
conditions of section 518.14, subdivision 2, are met. A
copy of section 518.14 and forms necessary to request or
contest these attorney fees and collection costs are
available from any district court clerk.
11. 12. PARENTING TIME EXPEDITOR PROCESS
On request of either party or on its own motion, the court
may appoint a parenting time expeditor to resolve parenting
time disputes under Minnesota Statutes, section 518.1751.
A copy of that section and a description of the expeditor
process is available from any district court clerk.
12. 13. PARENTING TIME REMEDIES AND PENALTIES
Remedies and penalties for the wrongful denial of parenting
time are available under Minnesota Statutes, section
518.175, subdivision 6. These include compensatory
parenting time; civil penalties; bond requirements;
contempt; and reversal of custody. A copy of that
subdivision and forms for requesting relief are available
from any district court clerk.
Sec. 5. Minnesota Statutes 2000, section 519.05, is
amended to read:
519.05 [LIABILITY OF HUSBAND AND WIFE.]
(a) A spouse is not liable to a creditor for any debts of
the other spouse. Where husband and wife are living together,
they shall be jointly and severally liable for all necessary
medical services that have been furnished to either spouse, and
necessary household articles and supplies furnished to and used
by the family. Notwithstanding this paragraph, in a proceeding
under chapter 518 the court may apportion such debt between the
spouses.
(b) Either spouse may close a credit card account or other
unsecured consumer line of credit on which both spouses are
contractually liable, by giving written notice to the creditor.
Sec. 6. Minnesota Statutes 2000, section 609.095, is
amended to read:
609.095 [LIMITS OF SENTENCES.]
(a) The legislature has the exclusive authority to define
crimes and offenses and the range of the sentences or
punishments for their violation. No other or different sentence
or punishment shall be imposed for the commission of a crime
than is authorized by this chapter or other applicable law.
(b) Except as provided in section 152.18 or 609.375, or
upon agreement of the parties, a court may not refuse to
adjudicate the guilt of a defendant who tenders a guilty plea in
accordance with Minnesota Rules of Criminal Procedure, rule 15,
or who has been found guilty by a court or jury following a
trial.
(c) Paragraph (b) does not supersede Minnesota Rules of
Criminal Procedure, rule 26.04.
Sec. 7. Minnesota Statutes 2000, section 609.375,
subdivision 1, is amended to read:
Subdivision 1. [CRIME DEFINED.] Whoever is legally
obligated to provide care and support to a spouse or child,
whether or not its the child's custody has been granted to
another, and knowingly omits and fails without lawful excuse to
do so is guilty of a misdemeanor, and upon conviction may be
sentenced to imprisonment for not more than 90 days or to
payment of a fine of not more than $700, or both.
Sec. 8. Minnesota Statutes 2000, section 609.375,
subdivision 2, is amended to read:
Subd. 2. [GROSS MISDEMEANOR VIOLATION.] If the violation
of subdivision 1 continues for a period in excess of 90 days but
not more than 180 days, the A person who violates subdivision 1
is guilty of a gross misdemeanor and may be sentenced to
imprisonment for not more than one year or to payment of a fine
of not more than $3,000, or both, if:
(1) the violation continues for a period in excess of 90
days but not more than 180 days; or
(2) the person is in arrears in court-ordered child support
or maintenance payments, or both, in an amount equal to or
greater than six times but less than nine times the person's
total monthly support and maintenance payments.
Sec. 9. Minnesota Statutes 2000, section 609.375,
subdivision 2a, is amended to read:
Subd. 2a. [FELONY VIOLATION.] If the violation of
subdivision 1 continues for a period in excess of 180 days, the
A person who violates subdivision 1 is guilty of a felony and
upon conviction may be sentenced to imprisonment for not more
than two years or to payment of a fine of not more than $5,000,
or both, if:
(1) the violation continues for a period in excess of 180
days; or
(2) the person is in arrears in court-ordered child support
or maintenance payments, or both, in an amount equal to or
greater than nine times the person's total monthly support and
maintenance payments.
Sec. 10. Minnesota Statutes 2000, section 609.375, is
amended by adding a subdivision to read:
Subd. 2b. [ATTEMPT TO OBTAIN CONTEMPT ORDER AS
PREREQUISITE TO PROSECUTION.] A person may not be charged with
violating this section unless there has been an attempt to
obtain a court order holding the person in contempt for failing
to pay support or maintenance under chapter 518. This
requirement is satisfied by a showing that reasonable attempts
have been made at service of the order.
Sec. 11. Minnesota Statutes 2000, section 609.375, is
amended by adding a subdivision to read:
Subd. 8. [DEFENSE.] It is an affirmative defense to
criminal liability under this section if the defendant proves by
a preponderance of the evidence that the omission and failure to
provide care and support were with lawful excuse.
Sec. 12. [609.3751] [DISCHARGE AND DISMISSAL.]
Subdivision 1. [APPLICABILITY.] A person is eligible for a
discharge and dismissal under this section, if the person:
(1) has not been previously convicted of a felony under the
laws of this state or elsewhere;
(2) has not been previously convicted of a violation of
section 609.375 or of a similar offense in this state or
elsewhere;
(3) has not previously participated in or completed a
diversion program relating to a charge of violating section
609.375; and
(4) has not previously been placed on probation without a
judgment of guilty for violation of section 609.375.
Subd. 2. [PROCEDURE.] For a person eligible under
subdivision 1 who is charged with violating section 609.375, the
court may after trial or upon a plea of guilty, without entering
a judgment of guilty and with the consent of the person, defer
further proceedings and place the person on probation upon such
reasonable conditions as it may require and for a period not to
exceed the maximum sentence provided for the violation. At a
minimum, the conditions must require the defendant to:
(1) provide the public authority responsible for child
support enforcement with an affidavit attesting to the
defendant's present address, occupation, employer, current
income, assets, and account information, as defined in section
13B.06; and
(2) execute a written payment agreement regarding both
current support and arrearages that is approved by the court.
In determining whether to approve a payment agreement under
clause (2), the court shall apply the provisions of chapter 518
consistent with the obligor's ability to pay.
Subd. 3. [VIOLATION.] Upon violation of a condition of the
probation, including a failure to comply with the written
payment agreement approved by the court under subdivision 2,
clause (2), the court may enter an adjudication of guilt and
proceed as otherwise provided in law.
Subd. 4. [EARLY DISMISSAL.] The court may, in its
discretion, dismiss the proceedings against the person and
discharge the person from probation before the expiration of the
maximum period prescribed for the person's probation but may do
so only if the full amount of any arrearages has been brought
current.
Subd. 5. [DISMISSAL; RECORD.] (a) For purposes of this
subdivision, "not public" has the meaning given in section
13.02, subdivision 8a.
(b) If during the period of probation the person does not
violate any of the conditions of the probation, then upon
expiration of the period the court shall discharge the person
and dismiss the proceedings against that person. Discharge and
dismissal under this subdivision shall be without court
adjudication of guilt, but a not public record of it shall be
retained by the bureau of criminal apprehension for the purpose
of use by the courts in determining the merits of subsequent
proceedings against the person. The not public record may also
be opened only upon court order for purposes of a criminal
investigation, prosecution, or sentencing. Upon request by law
enforcement, prosecution, or corrections authorities, the bureau
shall notify the requesting party of the existence of the not
public record and the right to seek a court order to open it
pursuant to this section. The court shall forward a record of
any discharge and dismissal under this section to the bureau
which shall make and maintain the not public record of it as
provided under this section. The discharge or dismissal shall
not be deemed a conviction for purposes of disqualifications or
disabilities imposed by law upon conviction of a crime or for
any other purpose.
Sec. 13. [EFFECTIVE DATE.]
Sections 6 to 12 are effective August 1, 2001, and apply to
all crimes committed on or after that date.
Presented to the governor May 18, 2001
Signed by the governor May 22, 2001, 10:22 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes