Home Page   Services   About Us   Testimonials   Contact Us  Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State Minnesota State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? The Department of Human Services is the executive branch agency responsible for supervising Minnesota's child support system, which is administered by county child support offices. A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? 84 county IV-D offices. A3. With what types of agencies do you have cooperative agreements? All counties have a cooperative agreement with either a county attorney's office or private attorney. Some counties have agreements with their Court Administrator or Sheriff's Department. A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? Minnesota has a state supervised, county administered child support program. Because of this, county attorneys represent the IV-D agency in court proceedings. A4.1. If yes, what is the statutory citation? Minn. Stat.§518A.47. The provision of services under the child support enforcement program that includes services by an attorney or an attorney's representative employed by, under contract to, or representing the authority does not create an attorney-client relationship with any party other than the public authority. For Additional Information - https://www.revisor.leg.state.mn.us/ A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No. The individual county attorneys represent the IV-D agency in court proceedings not the state attorney general. See Minn. Stat. § 388.051 A4.3. If yes, please explain. N/A B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 05/1994   B2. What is the effective date of your State's UIFSA? 01/01/1995  B3. What is the statutory citation for your State's Act? Minnesota Stat. §518C. For Additional Information - https://www.revisor.leg.state.mn.us/ B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? 1996 B4.1. If your state has implemented the 2001 version, when was it implemented? N/A B5. Optional comments regarding your State's UIFSA. N/A C. Reciprocity C1. With what foreign countries does your State reciprocate? Minnesota has agreements for child support with the following: Australia, Austria, Czech Republic, Finland, Ireland, Germany, Netherlands, Norway, Poland, Portugal, Slovak Republic, Sweden, Switzerland, United Kingdom and Canada: Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan and Yukon Territories. C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? No C1.2. If yes, please explain. N/A C2. Has your State established reciprocity with any Tribal courts? No C2.1. If yes, list the Tribes and identify services provided, if less than full services. No special reciprocity agreements exist (beyond what is stated in UIFSA and the Full Faith and Credit for Child Support Orders Act.) D. Age of Majority D1. What is the age of majority in your State? A child is defined as an individual under the age of 18, or until age 20 if the child is still attending secondary school, whichever occurs later, or an individual who is incapable of self-support by reason of disability. D2. What is the statutory citation for the age of majority? Minnesota Statute 518A.26, subd.5 For Additional Information - https://www.revisor.leg.state.mn.us/ D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. 18 or until age 20 if the child is still attending secondary school, whichever occurs later. Minn. Stat. 518A.26, subd.5 D4. Does the date of the order impact what law is applied? Yes   D4.1. If yes, please explain. Orders entered prior to 1973 had different statutory language regarding emancipation. D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation.   D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes D6.1. If yes, please explain. Support can extend beyond this date if specifically addressed in the order -- such as for disability or if parties had agreed to an educational trust fund for cost of post-secondary education. Minn. Stat.§ 518.551 subd. 5d. D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? No D7.1. If yes, please describe the procedure. No. A child support obligation for two or more children that is not a support obligation in a specific amount per child continues in the full amount until the emancipation of the last child for whose benefit the order was made. Minn. Stat.§ 518A.39. E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? There is no statute of limitations on certain administrative enforcement remedies including: income withholding, state tax intercepts, credit bureau reporting, license suspension, Minn. Stat. § 518A.60 authorizes collection methods applicable to the collection of arrearages. The statute of limitations on judgments lasts for 10 years. (Minn. Stat § 541.04). Judgments can be renewed and within10 years of the entry date. E2. What is your State's statute of limitations for paternity establishment? One year after child reaches age of majority, if there is no presumed father. Minn. Stat. §257.57. However, the MN IV-D agency does not pursue paternity actions for adult children. For Additional Information - https://www.revisor.leg.state.mn.us/ E3. Is dormancy revival/renewal possible? No E3.1. Please explain the circumstances when possible, and the length of time possible. N/A F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Income Shares Model as of 1/1/07, which uses the parents' combined gross income to calculate basic support, medical support and childcare support. For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? The interest rate for judgments is set by legislature. For 1999 the interest rate is 4%. For child support the interest rate is the judgment rate, plus 2%, for a total of 6%. F2.1. If yes, please indicate the amount of interest charged and any related conditions. The interest for judgments is set by legislature. For current and previous Minnesota interest rate information see http://www.mncourts.gov/district/2/?page=1308 F3. Does your State charge interest on retroactive support? Yes F3.1. If yes, please indicate the amount of interest charged and any related conditions. If there is court ordered obligation to pay a portion of the retroactive support on a monthly basis, and the obligor does not pay, then the annual judgment rate is charged. If there is not a court ordered obligation to pay a portion of the retroactive support on a monthly basis, then interest is not charged. F4. Does your State charge interest on adjudicated arrears? Yes F4.1. If yes, please indicate the amount of interest charged and any related conditions. The interest for judgments is set by legislature. For current and previous Minnesota interest rate information see http://www.mncourts.gov/district/2/?page=1308 For Additional Information - No Link Provided F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes   F5.1. If yes, under what circumstances? Minnesota will enforce the parties' share of the uninsured medical expenses as determined in the child support court order. The court must order that unreimbursed and uninsured medical expenses be divided between the parties based on their proportionate share of the combined monthly parental income for determining child support. F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? Yes F6.1. If yes, what costs are recovered from/fees charged to the obligee? If the obligee is the applicant for IV-D services, a 1% cost recovery fee is charged to non-public assistance obligees. This fee is not assessed on interstate responding cases. F6.2. What costs are recovered from/fees charged to the obligor? If the obligor is the applicant for IV-D services, a 1% cost recovery fee is charged to non-public assistance obligors. This fee is not assessed on interstate responding cases. F7. Does your State recover costs on behalf of the initiating State? Yes F7.1. Optional comments regarding recovering of initiating State's fees. For the cost of genetic tests and service of process. F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. Minnesota Statute Section 543.19; Minnesota Statute Section 518C.201 (UIFSA). For Additional Information - https://www.revisor.leg.state.mn.us/ F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes F9.1. If yes, under what circumstances? A case with a spousal maintenance obligation is considered a IV-D case when there is a child support obligation being enforced on the same case, and a Non IV-D case when the only obligation on the case is spousal maintenance. Minnesota does not establish or modify spousal maintenance orders for IV-D or Non IV-D cases. IV-D cases with spousal maintenance obligations are enforced. Instate (Minnesota) Non IV-D cases with only spousal maintenance obligations are eligible for income withholding only services. Income withholding only services is the receipt, processing and disbursement of support payments made by the obligor. The applicant must serve Notice of Income Withholding. Interstate responding Non IV-D cases with only spousal maintenance obligations are not eligible for services. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No F10.1. Optional comments regarding required information on spouse or partner. F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? Minnesota does not charge the $25.00 fee for responding interstate cases. Minnesota charges the $25.00 federal fee to the custodial parent after it has been determined that $500.00 was collected and disbursed to the custodial parent. The fee is then collected from the next $25.00 collected. F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? Yes F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? Minnesota collects the fee from the custodial parent. F11.3. Does your State collect the fee from the absent parent? No F11.4. Does your State pay the fee out of its own funds? Minnesota pays the annual fee for any unpaid fee balances that exist at the end of the federal fiscal year. F12. When will your State implement the required DRA limited-assignment provision? 10/01/2009 F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? No F13.1. If yes, provide the date. F14. Will your State participate in the pass through in Former Assistance cases? No F14.1. If yes, provide the date. F15. Will your State discontinue eligible assignments under the DRA of 2005? No F15.1. If yes, list the eligible assignments your State would discontinue. N/A F15.2. When will your State discontinue each type of assignment? N/A F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? PWRORA F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? F17.3. How does your State collect the $25.00 annual fee on never-TANF cases?   G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income withholding (Minn. Stat. §518A.53) G2. What specific source of income is not subject to withholding? The following types of income are not subject to withholding: higher education assistance; foster care subsidies; adoption assistance; guardianship assistance; supplemental security income (SSI); need based public assistance such as TANF; general assistance; general assistance medical care; medical assistance; food stamps; child care; rent assistance; and pension funds until the obligor draws funds from the pension. For Additional Information - https://www.revisor.leg.state.mn.us/ G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? No G3.1. If yes, what are those limits? N/A G4. What is the allowable fee per pay period for processing income withholding payments? The employer may deduct a $1.00 processing fee from the employee's income for each payment withheld by income withholding. For Additional Information - No Link Provided G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? The employer must implement income withholding no later than the first pay period occurring 14 days following the date of the receipt of the order or notice to withhold. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? The employer must remit the withheld funds to the state disbursement unit (SDU) within seven business days from the date they pay the employee the remainder of the income. G7. What are your State's procedures for sanctioning employers for not implementing income withholding? An employer who fails to withhold or remit payments may be liable for the amount not withheld, interest, reasonable attorney's fees and a fine of not less than $500 and constructive civil contempt of court. An employer found in contempt may also be liable for the costs to bring the constructive civil contempt action, a fine of up to $250 and jail time. G8. What is the penalty to an employer for failure to remit payments withheld? The penalty for failure to remit is the same as the failure to withhold. See G7. G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? Yes  G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. See the state address section for the address for direct withholding of UI benefits. G9.2. Optional comments regarding direct withholding of UI benefits across state lines. G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines. G11. How does an obligor contest income withholding in your State? The obligor may contest income withholding on the limited grounds that the withholding or amount withheld is improper due to mistake of fact. To contest the validity of an income withholding order issued by Minnesota the obligor must, within fifteen days of commencement of the withholding: 1. secure a hearing date between 20 to 60 days of the motion on the public authority and custodial parent 2. file a motion with the court for an expedited hearing and include the alleged mistake of fact 3. serve a copy of the motion on the Child Support Agency and the custodial parent at least fourteen days before the scheduled hearing. Pursuant to MN Stat. §518A.53 Subd. 12 and 518C.506, the obligor may contest the validity of an income withholding order issued by another state or tribe directly to a Minnesota employer in the same manner as if issued by Minnesota. However, in addition, the obligor must give notice of the contest to the support enforcement agency providing services to the obligee; each employer that directly received an income withholding order and the person or agency designated to receive payments or if no such designee, the obligee. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). If an employee is subject to multiple IWOs and the amount to withhold from their income does not exceed the CCPA limits, the employer gives priority as follows: 1. If the total amount for current support exceeds the amount available, the employer allocates the available income for current support using the following calculation: current support amount of one IWO / total current support amount of all IWOs x total amount available = amount to allocate to the IWO for current support. Repeat this calculation for each of the IWOs for the single employee. 2. If the total amount for current support does not exceed the amount available, the employer pays all the IWO current support amounts. In addition, the employer allocates the remaining available income for past due support using the following calculation: past due support amount of one IWO / total past due support amount of all IWOs x remaining amount available after paying current support = amount to allocate to the IWO to pay past due support. Repeat this calculation for each of the IWOs for the single employee. G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. N/A For Additional Information - https://www.revisor.leg.state.mn.us/ G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? No G14. When does your state require the employer to send notice of an employee's termination? The employer must notify the Child Support Agency within 10 days of the employee's termination date. The notice must include the employee's home address and the name and address of the employee's new employer, if known. For Additional Information - No Link Provided G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? The employer is not required to retain the IWO after the employee terminates employment. G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? No G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? No G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Other jurisdictions may send direct income withholding to Minnesota employers, workers compensation, and economic security. To levy funds at a financial institution the other jurisdiction must initiate an intergovernmental request. For Additional Information - No Link Provided G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. If there is insufficient income to meet all of the employee's support obligations subject to withholding, the employer must withhold the maximum amount under the CCPA and remit that sum to the state disbursement unit (SDU). For Additional Information - No Link Provided H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? Yes H1.1. If yes, please explain. An order establishing paternity also addresses issues of custody and visitation. H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 99% is the threshold. Minn. Stat.§ 257.62 subd. 5(b).Temporary child support orders prior to paternity adjudication can be obtained with a 92% or greater result. Minn. Stat. §257.62 subd. 5(a). For Additional Information - No Link Provided H3. Optional comments regarding paternity acknowledgment conclusive legislation. A paternity acknowledgment, or Recognition of Parentage, is considered a conclusive determination of paternity unless multiple presumptions of paternity exist, i.e. marriage, more than one paternity acknowledgment, etc. Minn. Stat. §257.75 subd. 3. H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 01/01/1994    H4.1. Were acknowledgments prior to that effective date rebuttable? Yes H4.2. Optional comments regarding paternity acknowledgments prior to that date. Paternity acknowledgments remain rebuttable if multiple paternity presumptions exist. H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. If yes, how is the presumption rebutted? 1) Rebutted in court with clear and convincing evidence. 2) A court order establishing paternity by another man. 3) Both biological parents sign a Recognition of Parentage and the husband joins by a Husband's Non paternity Statement prior to the child's first birthday. Minn. Stat.§ 257.55, subd. 1 and subd 1a. . H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No H6.1. If no, briefly explain. There is a rebuttable presumption that a man is the biological father of a child if, with his consent, he is named as the child's father on the child's birth certificate. Minn. Stat. §257.55(c)(2). For Additional Information - No Link Provided H7. Does your State have any other paternity-related presumptions? Yes   H7.1. If yes, briefly explain. See Minn. Stat. §257.55 1) Before the child is born, the parties attempted to marry (where the attempted marriage would be void or voidable.) 2) After the child is born, the parents marry and one of the following occurs: - The father acknowledges paternity in writing and the acknowledgment is filed with the state (and filed with his consent). - The father's name is on the birth certificate - The father is obligated to pay support. 3) The father receives the child into his home and holds out the child as his child. 4) The child is born within 280 days after the marriage is terminated. For Additional Information - No Link Provided H8. Does your State have a putative fathers' registry? Yes H8.1. If yes, what is the name of that entity? Minnesota Department of Health Fathers http://www.health.state.mn.us/divs/chs/ registry/top.htm. Fathers Adoption Registry Minnesota Department of Health 85 East Seventh Place, 3rd Floor P.O. Box 64882 St. Paul, Minnesota 55164-0882 Voice: (651) 201-5994 Or toll free at 1-888-345-1726 Fax: (651) 201-5740 E-Mail: far@health.state.mn.us H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. If yes, please describe any circumstances under which these fees may be waived. None H10. Is common law marriage recognized in your State? No H10.1. If yes, briefly describe the standard that defines common law marriage. N/A For Additional Information - No Link Provided H10.2. When did your current common law standard go into effect? H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? N/A H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Written (such as an affidavit or deposition), videotape, or teleconferencing. H12. Please give the statutory citation for your State's long arm statute and list any special provisions. Minnesota Statute 518C.201 (UIFSA) and Minnesota Statute Section 543.19. Minnesota Statue Section 543.19 -- if a Minnesota court has subject matter jurisdiction, then the court may exercise jurisdiction over a nonresident if the nonresident: - Owns, uses, or possesses any real or personal property situated in Minnesota - Transacts any business within the state, or - Commits any act in Minnesota causing injury or property damage, or -Commits any act outside Minnesota causing injury or property damage in Minnesota For Additional Information - Click Here For Additional Information - https://www.revisor.leg.state.mn.us/ H13. Does your State recover genetic testing costs for other States? Yes H13.1. If so, please explain. Genetic testing costs may be recovered as part of the pleadings. H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? Unmarried persons require a voluntary paternity acknowledgment or a court order adjudicating paternity. There cannot be multiple acknowledgments or paternity becomes a presumption. H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? The father's name on the birth certificate alone does not conclusively determine paternity. H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? A separate packet for each child. I. Support Order Establishment I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? The Minnesota Supreme Court created an expedited child support process to establish, modify and enforce support. Minn. Stat. § 484.702. The rules for the expedited process are promulgated by the Minnesota Supreme Court. Minn. Gen. R. Prac 351-379. I1.1. If your State can establish under both, under what circumstances would the administrative process be used? N/A I1.2. Under what circumstances would the judicial process be used? When issues that are outside the scope of the expedited process, such as custody, visitation, or contested parentage are to be addressed. See Minn. R. Gen. Prac. 353.01 subd (3). I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. For Additional Information - https://www.revisor.leg.state.mn.us/ I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) The custodial parent's income is also considered. The new spouse's or the child's income is not considered. However, Social Security and/or Veterans' Benefits provided for the benefit of a joint child(ren) are included as income for the parent on whose eligibility the benefits are based. Also, in determining gross income, a deduction is allowed for spousal maintenance orders and child support orders for nonjoint child(ren) that a party is obligated to pay. For Additional Information - https://www.revisor.leg.state.mn.us/statutes/?id=518A.26 I3. What criteria for rebutting your presumptive guidelines have been established in your State? The court may deviate from the guidelines if both the parties agree and it is approved by the court. The court must make written findings that the deviation serves the best interests of the child. Minn. Stat § 518A.43; 518A.35. For Additional Information - No Link Provided I4. Will your State establish support orders for prior periods? Yes   I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? Minnesota law allows for reimbursement for public assistance or for expenses/costs in nonpublic assistance cases up to two years prior to the date the legal action was commenced. This may include expenses related to pregnancy and birth. If the NCP's income is known for the two years prior to the commencement of the action, then child support for the prior period is based on guidelines. If the NCP's income is not known for the two years prior to the commencement of the action, child support may be imputed or based on the default standard of 150% of the minimum wage. I4.2. What information or documentation does your State require to proceed? For interstate cases, Child Support Enforcement Transmittal #1 or a CSENet transaction, Uniform Support Petition, and General Testimony are required. For Additional Information - No Link Provided I4.3. Will your State allow a petition for support when the only issue is retroactive support? Yes I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. Minnesota law allows for child support for a prior period for up to two years prior to the date the legal action was started. I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? N/A For Additional Information - No Link Provided I6. What is your State's statutory authority for the administrative process? N/A For Additional Information - https://www.revisor.leg.state.mn.us/ I7. Is there a local State law that allows an interstate administrative subpoena? Yes. Minn. Stat. § 518A.46 For Additional Information - No Link Provided I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? No For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? No I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? No. If there is a Minnesota order for one biological parent to pay the other biological parent, and now the child (ren) are with another caretaker, 1) the obligee from the court order must consent in writing to re-direct support to the new caretaker or 2)a court must order the redirection of support. If an order is from State A, and State A requests Minnesota to redirect support to a new caretaker; Minnesota will redirect support to the new caretaker. If the order is from State A, and State B requests Minnesota to redirect support to a new caretaker; Minnesota requests that State B provide 1)the obligee from the court order must consent in writing to re-direct support to the new caretaker or 2) a court must order the redirection of support. I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? If the order reserves support; request establishment. If the order is for $0.00; request a modification. J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? J1.1. Are your State income tax refund procedures judicial, administrative, or both? Administrative J2. Is the lien process in your State judicial, administrative or both? Both J2.1. What are the trigger criteria for filing a lien? Filing a lien is at case worker discretion. For Additional Information - No Link Provided J2.2. Where are your State liens filed? County Court Administrator Office J2.3. Does your State charge a fee for filing a lien? Yes   J2.4. If yes, please indicate the amount. The fee amount varies by county J.3. Does your State enforce property seizure and sale? Yes J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Judicial. J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Both J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? The NCP receives notice via Appendix A which is attached to every support order. J4.2. Does your State's income withholding definition includes amounts in financial institutions? Yes   For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes J4.3.1 If yes, who notifies the NCP, the State or financial institution? State J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? 3 days J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? The case must be certified for federal or state tax offset and the obligor must not be complying with any previously executed payment agreement or under bankruptcy protection. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? The obligor must owe past due support of at least five times the current monthly support amount or if an arrears only case, $100.00. For Additional Information - No Link Provided J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? No J5.3. 1. If yes, please provide the time frame. N/A J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? No J5.4.1. If yes, please provide the percentage. N/A J5.4.2. Is the percentage different for joint accounts? No   J5.4.3. If yes, please define. N/A J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. No J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? N/A J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? The obligor has 20 days to claim an exemption and 30 days to file a hearing to contest. For Additional Information - No Link Provided J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? The obligor has 60 days to appeal the court ruling. J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? The funds are exempt or mistake of fact. For Additional Information - No Link Provided J5.10. Is your State's complaint review process judicial, administrative or both? Both J5.11. What are your State's penalties for incorrect seizures? A bad faith claim by the public authority may result in a penalty of up to $100.00. The financial institution is not liable for damages for complying with a notice from the public authority. J5.12. Is the second challenge administrative, judicial or both? Judicial J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? A third party claiming an interest in the account may intervene or the court may summon the third party. The court decision is binding on the third party who has the same appeal rights as any other party to the action. J5.14. Is the Freeze and Seize operation in your state centralized or automated? Matching is automated but Freeze and Seize is at the discretion of the case worker. J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? No J5.16.1. If yes, what is the amount? N/A J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? No   J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. N/A For Additional Information - No Link Provided J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? N/A For Additional Information - No Link Provided J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? The financial institution must remit the assets within 45 days of receipt of the levy notice. For Additional Information - No Link Provided J6. Does your State withhold State funds or benefits? No J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? N/A J7. Please describe any other administrative enforcement procedures your State may have. Credit Bureau Reporting; Drivers License Suspension; Federal Tax Offset; Financial Institution Data Match; Occupational License Suspension; Passport Denial; State Tax Offset; Student Grant Hold J8. Please describe any other judicial enforcement procedures your State may have. Civil Contempt; Criminal Contempt; Federal Criminal Prosecution; Judgment; Recreational License Suspension; Sequestration J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? Pursuant to Minn. Stat.§ 548.27, another jurisdiction may file a lien with the county court administrator or initiate an intergovernmental request for Minnesota to file a lien. For Additional Information - https://www.revisor.leg.state.mn.us/ J10. Which of our State's enforcement remedies are available without registration? The administrative remedies except for Financial Institution Data Match are available without registration. J11. Describe your State's registration and enforcement procedures. The obligor may contest registration within 20 days of notice. If contested, a hearing is scheduled. If not contested, registration is by operation of law. J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. None. J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes J13.1. If yes, please provide the statutory citation. Yes. Minn. Stat., § §548.26 to 548.33. For Additional Information - https://www.revisor.leg.state.mn.us/   J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? No J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). Transmittal #1 Registration for Enforcement; All supporting documentation; match information J15. Does your State use credit bureau reporting as an enforcement method? Yes J15. Does your State use credit bureau reporting as an enforcement method? J16. Provide which credit bureaus your State report an obligor's child support information? TransUnion: 800-888-4213; Equifax: 800-997-2493; Innovis: 281-504-2620 J16. Provide which credit bureaus your State report an obligor's child support information? J17. Is the method for credit bureau reporting judicial, administrative or both? J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? Initiating J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? The obligor must owe past due support of at least three times the current support amount or if an arrears only case, $1.00. K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? The majority of Minnesota support orders are adjusted every two years, as part of Minnesota's automatic Cost of Living Adjustment (COLA) process. In addition to the COLA process, participants have the right to request a review of their support order at any time. There is a 6-month review process after an initial order is established. Participants are sent a Notice of their right to review every 36 months.See Minn. Stat. 518.1781 and 518A.39. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? Review will be considered upon the request of a party to the order. Minn. Stat. 518A.39 provides for various criteria to be considered when conducting a review. The party may request the IV-D agency conduct a review or if the IV-D agency is not able to do the review, the party may choose to proceed pro se. K3. Briefly describe your State's modification procedure. The majority of Minnesota orders are adjusted every two years, as part of Minnesota's automatic Cost of Living Adjustment (COLA) process. Parties to the order subject to COLA, have the right to contest the COLA and proceed to a hearing. Reviews are also conducted at the request of either party at any time. If specific criteria are met, the IV-D agency may conduct the review. If not, the party has the option of proceeding pro se. See Minn. State. §518A.39. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? Circumstances indicating the need for a change in a support order may include: - A substantial increase or decrease in either parent's income -A substantial increase or decrease in the needs of either party or a child -A change in either party's public assistance status -A change in either parent's living expenses -Extraordinary medical expenses for a child -A change in the availability of health care coverage or substantial increase/decrease of health care costs -additional or substantial change in existing work-related or education-related child care expenses -additional child support cases for the participant Provisions that deem a support order unreasonable and unfair include: -Calculated order at least 20% or $75 higher or lower than the current support order -Medical support provisions not enforceable by the IV-D agency or the obligee -Health care coverage order is not available to the child -The support order is expressed as a percentage and not a set dollar amount -Gross income of the obligor or obligee decreased by at least 20% -Child no longer lives in foreign country. Minn. Stat. 518.39 K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. Yes K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. Yes K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? The receipt of public assistance -- TANF, medical assistance, foster care, and childcare assistance. Also, upon the emancipation of the child. See Minn. Stat. §518A.39, subd. 2, 4(a) K6. Does your State have cost of living adjustments (COLAs)? Yes   K6.1. If so, what index does your State use? Mpls/St. Paul urban consumers, Mpls/St. Paul wage earners, all city urban consumers, all city wage earners. K7. How does your State credit SSA disability to current and past due support? The amount of the monthly Social Security benefits (RSDI) that a joint child receives is included in the gross income of the parent on whose eligibility the benefits are based. If these benefits are based on the eligibility of the obligor and are received by the obligee as a representative payee for the child, then the amount of the benefits is also subtracted from the obligor's net child support obligation. K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. No, the state does not abate support, however, local county agnecy's may abate support. K8.1. If yes, please explain the situation? No, but the State has discretion to reduce public assistance arrears. A party may agree to compromise arrears owed to that party. K8.2. What is the statutory citation for your abatement law? Minn. Stat. §518A.62 For Additional Information - https://www.revisor.leg.state.mn.us/ K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. This information is obtained from the Minnesota Department of Health, Vital Statistics. Cost varies depending upon the document requested. K9. What information is required to register an out-of-State order for enforcement/modification? Minn. Stat. 518C.602(a) sets for the minimally acceptable information for registration of cases for enforcement and/or modification according to UIFSA. L. Lump Sum Payments L1. Does your State define a lump sum payment? Yes   L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? A payment of $500 gross or more including, but not limited to: severance pay, vacation pay, accumulated sick pay, bonuses, commissions, personal injury settlements, workers compensation, farm payments, and other payments or benefits.  L1.2 Provide the statutory citation. Minn. Stat. § 518A.53, Subd.11 For Additional Information - https://www.revisor.leg.state.mn.us/ L2. Does your State law require employers to report lump sum payments? Yes L2. Does your State law require employers to report lump sum payments? Yes L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. Minn. Stat. § 518A.53, subd.11 For Additional Information - No Link Provided L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? Yes L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? An employer is required to report all lump sum payments of $500 or more. L4. How are employers instructed to report a pending lump sum? Via the federal Income Withholding for Support Notice. L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. 30 days, after which the employer may release the funds to the obligor. L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? The employer holds the lump sum for 30 days. If after 30 days the employer does not receive instructions from the Child Support Agency, the employer may release the lump sum to the obligor.  L7. Does your State use the income withholding order to attach the lump sum payment? Yes L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? Both, depending on the case circumstances. L8. Does your State use the lien/levy process to attach the lump sum payment? No   L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? L9. What other documents does your State use to attach lump sum payments? An affidavit from the Child Support Agency indicating the following information: 1) that a judgment against the obligor or other support arrearages exist, 2) the current balance of the judgment or arrearages; and 3) that a portion of the judgment or arrearages remain unpaid. L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? No L10.1 If yes, what are those limits? For Additional Information - https://www.revisor.leg.state.mn.us/ L10.2 If no, what percentage is the employer required to withhold? The employer is required to withhold the amount designated by the Child Support Agency. The amount attached is usually no more than the total amount due for current support and arrears. However, the Child Support Agency may attach lump sum payments to future support when there is a court order showing the obligor has past willful nonpayment of support. L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? No L11.1 If yes, would the employer only withhold for that period's obligation? Not to the lump sum portion of the payment. M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - No Link Provided M1.1. Additional information on the CCPA. For Additional Information - No Link Provided M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No   M2.1. If yes, provide the statutory citation Not applicable For Additional Information - No Link Provided M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. No   M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. No M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? No M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. Not applicable M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). Not applicable. M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). Not applicable. M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. Not applicable For Additional Information - No Link Provided M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? Not applicable. M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? Not applicable For Additional Information - No Link Provided M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? Not applicable M3.1. Please provide the statutory citation. Not applicable For Additional Information - No Link Provided M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). Not applicable M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? Not applicable M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. Not applicable For Additional Information - No Link Provided M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. Not applicable For Additional Information - No Link Provided M6. Are there attorney fees associated with the insurance intercept activity? Not applicable M7. How does another State initiate and intercept collections from your State Workers Compensation agency? Not applicable M7.1. What is the process, the points of contact, and what forms must be completed? Not applicable Dedicated To Enforcing Your Support Order.
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