1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to child support; modifying circumstances under which the public authority |
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3 | 3 | | 1.3 must direct support to an obligee; amending Minnesota Statutes 2024, section |
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4 | 4 | | 1.4 518A.46, subdivision 7. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 518A.46, subdivision 7, is amended to read: |
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7 | 7 | | 1.7 Subd. 7.Administrative redirection of support.(a) The public authority must provide |
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8 | 8 | | 1.8written notice of redirection to the obligee, the obligor, and the caregiver. The notice must |
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9 | 9 | | 1.9be mailed to the obligor, obligee, and caregiver at the obligee's, the obligor's, and the |
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10 | 10 | | 1.10caregiver's respective last known address. The notice must state the name of the child or |
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11 | 11 | | 1.11children for whom support will be redirected, to whom the support will be redirected, the |
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12 | 12 | | 1.12date the support will be redirected, and the amount of the support that will be redirected. |
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13 | 13 | | 1.13The notice must also inform the parties of the right to contest the redirection of support |
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14 | 14 | | 1.14according to paragraph (c). |
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15 | 15 | | 1.15 (b) If fewer than all of the children for whom the support is ordered reside with the |
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16 | 16 | | 1.16caregiver, the public authority must redirect the proportional share of the support for the |
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17 | 17 | | 1.17number of children residing with the caregiver. |
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18 | 18 | | 1.18 (c) The obligee or obligor may contest the redirection of support on the limited grounds |
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19 | 19 | | 1.19that: |
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20 | 20 | | 1.20 (1) the child or children do not reside or no longer reside with the caregiver; |
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21 | 21 | | 1Section 1. |
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22 | 22 | | REVISOR VH/ES 25-0343602/07/25 |
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23 | 23 | | State of Minnesota |
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24 | 24 | | This Document can be made available |
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25 | 25 | | in alternative formats upon request |
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26 | 26 | | HOUSE OF REPRESENTATIVES |
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27 | 27 | | H. F. No. 399 |
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28 | 28 | | NINETY-FOURTH SESSION |
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29 | 29 | | Authored by Scott02/13/2025 |
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30 | 30 | | The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1 (2) under an out-of-home placement plan under section 260C.212, subdivision 1, that |
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31 | 31 | | 2.2includes a plan for reunification, all or part of the support is needed to maintain the obligee's |
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32 | 32 | | 2.3home; or |
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33 | 33 | | 2.4 (3) the redirection of support is not in the best interests of the child. |
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34 | 34 | | 2.5 (d) To contest the redirection, the obligee or obligor must make a written request for a |
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35 | 35 | | 2.6hearing to the public authority within 30 calendar days of the date of the written notice of |
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36 | 36 | | 2.7redirection. The hearing must be held at the earliest practicable time, but no later than 30 |
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37 | 37 | | 2.8calendar days from the date the public authority receives the written request for a hearing. |
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38 | 38 | | 2.9If the public authority receives a timely written request for a hearing, the public authority |
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39 | 39 | | 2.10must schedule a hearing and serve the obligee and the obligor with a notice of hearing at |
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40 | 40 | | 2.11least 14 days before the date of the hearing. The notice must be served personally or by |
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41 | 41 | | 2.12mail at the obligee's and the obligor's respective last known address. The public authority |
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42 | 42 | | 2.13must file with the court the notice of hearing along with the notice of redirection at least |
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43 | 43 | | 2.14five days before the scheduled hearing. The court administrator must schedule these hearings |
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44 | 44 | | 2.15to be heard in the expedited process before a child support magistrate, but may schedule |
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45 | 45 | | 2.16these hearings in district court if the availability of a child support magistrate does not permit |
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46 | 46 | | 2.17a hearing to occur within the time frames of this subdivision. |
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47 | 47 | | 2.18 (e) If neither the obligee nor the obligor contests the redirection of support under this |
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48 | 48 | | 2.19subdivision, support must be redirected to the caregiver effective the first day of the month |
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49 | 49 | | 2.20following the expiration of the time period to contest under paragraph (d). If the obligee or |
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50 | 50 | | 2.21the obligor contests the redirection of support under paragraph (d), the public authority must |
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51 | 51 | | 2.22not redirect support to the caregiver pending the outcome of the hearing. |
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52 | 52 | | 2.23 (f) The redirection of the basic support, medical support, and child care support terminates |
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53 | 53 | | 2.24and the public authority must direct support to the obligee if the public authority determines |
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54 | 54 | | 2.25that: |
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55 | 55 | | 2.26 (1) the caregiver for the child no longer receives public assistance for the child; |
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56 | 56 | | 2.27 (2) the voluntary placement agreement expires; or |
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57 | 57 | | 2.28 (3) the court order placing the child is no longer in effect.; or |
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58 | 58 | | 2.29 (4) the redirection of support is not in the best interests of the child as determined under |
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59 | 59 | | 2.30section 260B.331, subdivision 1, or 260C.331, subdivision 1. |
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60 | 60 | | 2.31 (g) The public authority must notify the obligee, obligor, and caregiver of a termination |
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61 | 61 | | 2.32of the redirection of support by mailing a written notice to each of them at their last known |
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62 | 62 | | 2Section 1. |
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63 | 63 | | REVISOR VH/ES 25-0343602/07/25 3.1address. The termination is effective the first day of the month that occurs at least 14 calendar |
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64 | 64 | | 3.2days after the date the notice is mailed. |
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65 | 65 | | 3.3 EFFECTIVE DATE.This section is effective July 1, 2025. |
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66 | 66 | | 3Section 1. |
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67 | 67 | | REVISOR VH/ES 25-0343602/07/25 |
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