Home About Us Testimonials Services FAQ Links Contact Child Support Laws Search By State: Find your State.	Minnesota State Profile Updated on 12 Sep 2007 Certified on 27 Aug 2007 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 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 setting forth the attorney-client relationship between the state's attorney and the agency only? MN 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 so, 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. 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 so, please explain.   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 Act? 01/01/1995 B3. What is the statutory citation for your State's Act? Minnesota Stat. §518C. 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 Act. 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, Mexico, Netherlands, Norway, Poland, Portugal, Slovak Republic, Sweden, Stwiterzerland, 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 FFP for enforcement of spousal-only orders for foreign reciprocating countries? No C1.2. If yes, please explain.   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 cite for the age of majority? Minnesota Statute 518A, subd.5 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, subd.5 D4. Does the date of the order impact what law is applied? Yes D4.1. If so, 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 so, 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 intercept, 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 until paid in full. 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. §257.78. However, the MN IV-D agency does not pursue paternity actions for adult children. E3. Is dormancy revival/renewal possible? No E3.1. Please explain the circumstances when possible, and the length of time possible.   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, Melson Formula)? Income Shares Model as of 1/1/07, which uses the parents' combined gross income to calculate basic support, medical support and child care support. F2. Does your State charge interest on missed arrears? Yes F2.1. If yes, please indicate the amount of interest charged and any related conditions. The interest for judgments is set by legislature. The current interest rate for non-child support judgments is 5%. For child support the interest rate is the judgment rate, plus 2%, totaling 7%. 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 plus 2% 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. Judgment rates plus 2% for child support. The current judgment rate is 5% so child support 7%, spousal maintenance 5%. F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes F5.1. If so, 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. Have you elected to recover costs or charge fees in your 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). 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.   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? Any need based benefits received under Title IVA of Social Security Act or state public assistance such as TANF, foster care, medical assistance, and SSI. Also excluded are VA Disability, life insurance proceeds, military housing allowance, military separate rations, military basic allowance, military bonus, capital gains, in kind payments. 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? An employer may deduct $1.00 from the obligor's income to cover the expenses of withholding. Minn. Stat. §518A.53. G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? Payors of funds should start withholding as soon as they receive the notice to withhold. However, they must implement withholding when they become aware of the obligation or no later than the first pay period that occurs after 14 days following the date of the income withholding notice. Minn. Stat. § 518A.53. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? Any withholdings are sent to the Minnesota State Disbursement Unit within 7 business days of when the obligor is paid the balance of income. Minn. Stat. §518A.53 G7. What are your State's procedures for sanctioning employers for not implementing income withholding? MN statutes provide for employer contempt, (Minn. Stat. §518A.73)that may include civil fines up to $500 and sanctions such as imprisonment, or the cost of attorney's fees. G8. What is the penalty to an employer for failure to remit payments withheld? Fine up to $250 and sanctions (imprisonment, cost of attorney's fees). See Minn. Stat. §518.73, 588.10 and 588.20. G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? Yes G9.1. Optional comments regarding direct withholding of UI benefits across State lines. See the state address section for the address for direct withholding of UI benefits. G10. Does your State allow direct income withholding of workers' compensation 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 file a motion alleging that the withholding or the amount withheld is due to a mistake of fact. See Minn. Stat. § 518A.53 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). Employer is to comply with all obligations subject to CCPA limitations. Allocate as follows: 1) Determine disposable income according to the Consumer Credit Protection Act. 2) Total amount for all obligations. 3) Divide the amount of each obligation by the total money 4) Multiply this amount by the amount of income available. Prorate of support to all cases. Priority is given to paying current child support first. Multiple orders from other states are enforced the same as multiple order from Minnesota. Income withholding for child support takes priority over garnishment for payment of other debts. 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.   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? Yes. Mandatory deductions include reasonable pension deductions, union dues, and medical insurance premiums. Minn. Stat. §518A.27 G14. When does your state require the employer to send notice of an employee's termination? An employer must notify the State within ten days. Minn. Stat. §518A.53 G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? There is no set time. However, the employer must restart income withholding immediately when an employee returns to work if income withholding was in effect during the last period of 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? Yes. 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. For the purposes of withholding income, the following prioritization is given to support obligations in MN: current child support, current child care support, current medical support, and past due support. 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.§275.55 subd. 1(a)(f). Temporary child support orders prior to paternity adjudication can be obtained with a 92% or greater result. Minn. Stat. §257.62 subd. 5(a). 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. 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. 2 and 257.75, subd 1. 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 not, 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 (b)(2). 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. H8. Does your State have a putative fathers' registry? Yes H8.1. If so, 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. 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 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 parent 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 cite 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 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. Are there any other documents that are 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?   H16. If there is more than one child with the same custodial parent, 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 or a judicial process to establish a support obligation? The Minnesota Supreme Court creaated 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.   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. 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 § 518.714-715; 518.725, subd. 2. I4. Will your State establish support orders for prior periods? Yes I4.1. If so, 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. 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 I6. What is your State's statutory authority for the administrative process? N/A I7. Is there a local State law that allows the interstate administrative subpoena? Yes. Minn. Stat. § 518A.46 I8. 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 being expended? No. 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 person (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? Judicial. Administrative. J2.1. What are the trigger criteria for filing a lien? Judgment J2.2. Where is your State liens filed? County Court Administration Offices. J2.3. Does your State charge a fee for filing a lien? No J2.4. If so, please indicate the amount.   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,rarely used. J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Both. The IV-D agency is able to issue a levy without judicial involvement, however, if the levy is contested the issues is heard in court. J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? Notice is sent to the NCP within three business days after the notice is sent to the financial institution. J4.2. Does your State's income withholding definition include amounts in financial institutions? Yes J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? No J4.3.1 If so, who notifies the NCP, the State or Financial Institution? The IV-D agency notifies the NCP. J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? N/A J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? The obligor must be in arrears for an amount equal to or greater than five times the monthly obligation. The case must also have been previously submitted for federal or state tax offset and the obligor must not be in compliance with any previously executed payment agreement. Minn. Stat. §552. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? The obligor must be in arrears for an amount equal to or greater than five times the monthly obligation. For arrears only cases, the amount is $100.00. 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.   J5.4.2 . Is the percentage different for joint accounts? No J5.4.3. If yes, please provide the amount.   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 may request informal resolution regarding a mistake of fact or exemptions. The Obligor may claim exemption within 20 days of receiving notice. The Obligor may also request a hearing within 30 days of receiving notice. The Obligor must obtain the Motion document and set a hearing date with the court Administrator's office. The obligor must serve Child Support Agency within two days of filing the Motion. The hearing must take place within 10 days of filing the motion. Minn. Stat. §552.06 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?   J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action?   J5.10. Is your State's complaint review process judicial, administrative or both? The Obligor may request informal resolution regarding a mistake of fact or exemptions. The Obligor may claim exemption within 20 days of receiving notice. The Obligor may also request a hearing within 30 days of receiving notice. The Obligor must obtain the Motion document and set a hearing date with the court Administrator's office. The obligor must serve Child Support Agency within two days of filing the Motion. The hearing must take place within 10 days of filing the motion. 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. No financial institution is liable for damages for complying with a notice to freeze 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 funds can intervene in the action or be summonded by the court. A party so joined is bound by the decision and has the same appeal rights as any party. J5.14. Is the Freeze and Seize operation in your state centralized or automated? Automated. J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? A case must be certified for federal or state tax intercept prior to certification for Financial Institution levy. To qualify to be certified for federal or state tax intercept the obligor has to currently reside in Minnesota. J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No J5.16.1. If yes, what is the amount?   J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? Yes J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. 42 United States Code (USC), Section 666a (17) 42 United States Code (USC), Section 669a Minn. Stat. §518A, Minn. Stat. §550.37 Minn. Stat. §552.01 through 552.06 Minn. Stat. §13B.06 Minn. Stat. §13.46 Policy Interprestation Question (PIQ) 99-06 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? Yes. The financial institution will hold the funds during the period of contest. Minn. Stat. § 552.06, subd. 2(d)/ J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? Forty-five days after receiving the levy, the financial institution shall complete the notice of support judgment levy and disclosure form and forward it together with the amount indicated. Minn. Stat. § 552.06, subd. 2(b). J5.19.1 . If yes, please define.   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?   J7. Please describe any other administrative enforcement procedures your state may have. Income withholding, State and Federal Tax Intercept, Driver's License Suspension, Recreational License Suspension, Passport Denial, Occupational License Suspension, and Student Grant Hold, and Arrears Collection Process. J8. Please describe any other judicial enforcement procedures your state may have. Constructive Civil and Criminal Contempt and Criminal Non-support. J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? We will register a lien on property pursuant to our lien registration process if requested by another state. J10. Which of our state's enforcement remedies are available without registration? State tax income refund intercept, license suspension, income withholding, credit bureau reporting.Minn. Stat.§ 518C.502. J11. Describe your state's registration and enforcement procedures. If registration is needed, then a Registration Notice is sent. If there is no contest of the registration within 20 days the registration is confirmed by operation of law. If there is a contest within 20 days of the notice, then a hearing is scheduled. The court makes a decision regarding the registration based upon the facts of the case. Minn. Stat. § 518C.602. 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. 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). If another state requests the assistance of a Minnesota child support agency to initiate a levy on a Minnesota financial institution, a full two-state action is rquired. To initiate a two-state action, the other state must provide: A Child Support Enforcement Transmittal #1, a certified copy of the order, and a registration statement. J15. Does your state use credit bureau reporting as an enforcement method? Yes J16. Provide which credit bureaus your state report an obligor's child support information? -TransUnion Corp, PO Box 3000, Chester, PA 19022-3000;phone:800-888-4213 -Equifax Credit Information Services, PO Box 740243, Atlanta, GA 30374-0243; phone: 800-997-2493 -Experian, PO Box 2103, Allen, TX 75013-2103; phone:800-831-5614 option #3 -Innovis Data Solutions, 950 Threadneedle, Suite 2000, Houston, TX 77079; phone 281-504-2620 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? The responding state. J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? CSED must report all cases that meet the following criteria: -the case type is IV-D -the arrears are at least three times the total of the ongoing monthly obligation on the case -Minnesota is the responding state if it is an interstate case -the obligor has a verified Social Security Number -the youngest child is not emancipated or, if emancipated has emancipated withing the previous seven years 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. Participants are given reminder notice of their right to review every 36 months. 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)? For 2007, an existing child support order may be modified for the following reasons: 1) there is at least a 20% change in the gross income of the obligor; 2) there is a changed in the number of joint children for whom the obligor is legally responsible and actually supporting; 3) a parent or another caregiver of the child who is supported by the existing support order begins to receive public assistance; 4) there are additional work-related or education-related child care expenses of the obligee or a substantial increase or decrease in existing child care expenses; 5) there is a change in the availability of health care coverage or a substantial increase or decrease in the cost of existing health care coverage; 6) the child supported by the existing order becomes disabled; or 7) both parents consent to modifications of the existing order. Note: A modification under 4) may be granted only with respect to child care support and a modification under clause 5) may be granted only with respect to medical support for court actions filed during 2007. 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 Vital 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 noncustodial parent is in prison, etc. No K8.1. If so, 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 cite for your abatement law? Minn. Stat. §518.6197 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 enfocement and/or modificaiton 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 lump sum is payment from a payor of funds of $500 or more. Lump sums may include (but are not limited to): -severance pay -vacation pay -accumulated sick pay -bonuses -commissions -other types of pay or benefits L1.2 Provide the statutory citation. Minn. Stat. § 518A.53, Subd.11 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 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? Employers are instructed to notify the public authority of the pending lump sum per the federal Order/Notice to Withhold Income for Child Support. L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. There is no set time stated in the Statute. L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? The employer must hold the lump sum payment for 30 days after the date the lump sum payment would otherwise have been paid to the obligor, prior to releasing the funds to the State Disbursement Unit. L7. Does your state use the income withholding order to attach the lump sum payment?   L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum?   L8. Does your state use the lien/levy process to attach the lump sum payment? Yes L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? It may be noted either on the original order or an amended order may be sent to specifically cover the lump sum. L9. What other documents does your state use to attach lump sum payments? A payor of funds shall pay the lesser of the amount of the lump sum payment or the total amount of the judgment and arrearages upon service by United States mail or the total amount of the judgment and arrearages upon service from the public authority or a court order that included the following information: 1) that a judgment against the obligor or other support arreages 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? No. Minnesota Stat. § 518A.53, subd. 11 L10.2 If no, what percentage is the employer required to withhold? The employer is required to withhold up to the total amount of the judgment and arrearages. L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? Yes L11.1 If yes, would the employer only withhold for that period's obligation? The CCPA limits would apply to the regular wages but not to the lump sum portion.

HomeAbout Us Testimonials ServicesFAQLinksContact

© Copyright 2006 Child Support Enforcers, Inc.

Child Support Enforcement That Works!