1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?

87 Counties and 4 Tribal IV-D offices

2. What is the name of your IV-D agency?

The Minnesota Child Support Division (CSD) supervises the county and tribal IV-D agencies. The county and tribal IV-D agencies administer the program.

3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.

Minnesota uses the judicial process to establish and modify support. Minnesota primarily enforces support orders administratively. For Additional Information - No Link Provided

4. Does your state use the following applications: EDE, CSENET, QUICK?

Yes.

5. Describe special requirements for telephonic or video participation in two-state actions.

Minnesota law provides that a tribunal in this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony. For Additional Information - https://www.revisor.mn.gov/statutes/cite/518C.316

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).

Support lasts while the child is a minor child, which is defined as an individual under the age of 18, an individual under the age 20 who is still attending secondary school, or an individual who is incapable of self-support by reason of disability. See Minn. Stat. Sect. 518A.26 subd. 5; Minn. Sect. 518A.39 subd. 5(a). For Additional Information - https://www.revisor.mn.gov/statutes/cite/518A.26; https://www.revisor.mn.gov/statutes/cite/518A.39

2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

Age 18, graduates from high school or turns 20, whichever occurs later. For Additional Information - No Link Provided

3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.

Yes, orders entered prior to 1973 had different statutory language regarding emancipation. For Additional Information - No Link Provided

4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.

Yes, 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. For Additional Information - No Link Provided

5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

Not applicable. See the answer for question for the duration of support. For Additional Information - No Link Provided

6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?

The obligation would not end unless the support order was modified.

7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.

No. Unless the court order specifically provides for an automatic reduction, the support order would only be reduced if modified by the court.

8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.

No.

3. Statute Of Limitations

1. What is your state's statute of limitations for the 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. The statute of limitations on judgments lasts for 10 years and judgments can be renewed within 10 years of the entry date. See Minn. Stat. Sect. 541.04. For Additional Information - https://www.revisor.mn.gov/statutes/cite/541.04

2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.

One year after child reaches age of majority, if there is no presumed father. The IV-D agency, however, does not pursue paternity actions for adult children. See Minn. Stat. Sect. 257.57. For Additional Information - https://www.revisor.mn.gov/statutes/cite/257.57

3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?

No. For Additional Information - No Link Provided

4. Can the statute of limitation for enforcement be extended or waived? If yes, under what circumstances and for how long?

Not applicable.

4. Support Order Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?

Income Shares Model. For Additional Information - No Link Provided

2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)?

Minnesota’s parenting expense adjustment is based on the percentage of parenting time means the percentage of time a child is scheduled to spend with the parent during a calendar year according to a court order averaged over a two-year period. The percentage of parenting time may be determined by calculating the number of overnights or overnight equivalents that a parent spends with a child pursuant to a court order. For Additional Information - https://www.revisor.mn.gov/statutes/cite/518A.36

3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.

For Additional Information - No Link Provided

4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.

5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.

6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?

7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?

7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain.

8. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?

9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit?

Yes. For more information, see https://www.revisor.mn.gov/statutes/cite/518A.31

9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how?

Generally, no, however, when filing a motion to modify a support order, a regular or lump sum payment of Social Security or apportioned veterans' benefit received by the custodial parent (CP) for the benefit of the joint child based upon the non-custodial parent's (NCP) disability may be used to satisfy arrears on the case if the following are true: • The arrears accrued during the period of time for which the benefit was received. • The derivative benefit was not considered in the guidelines calculation of the previous child support order. For more information, see https://www.revisor.mn.gov/statutes/cite/518A.31

10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.

For Additional Information - No Link Provided

11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?)

It's treated as a gift.

12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state?

Account reconciliation does not reveal payment source.

13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits?

Yes.

14. Does your state child support agency have a debt compromise program?

Yes. For more information, see https://www.revisor.mn.gov/statutes/cite/518A.62

15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?)

Absent an order to the contrary, if an arrearage exists at the time a support order would otherwise terminate, income withholding shall continue in effect or may be implemented in an amount equal to the support order plus an additional 20 percent of the monthly child support obligation, until all arrears have been paid in full.

16. When there is an existing support order between the parents of a child and the child’s residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

In some cases, it may be appropriate to set child support against the custodial parent, including: • when public assistance (PA) is being expended. However, without a court order changing custody, the county is limited to bringing a PA reimbursement only action. • when the CP has consented to the change in residence. • when the NCP has obtained a custody order.

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.

Yes, a paternity order must also address custody and parenting time. See Minn. Stat. Sect. 257.66 subd. 3. For Additional Information - https://www.revisor.mn.gov/statutes/cite/257.66

2. How is genetic testing coordinated within your state when the other party is in another state?

99% is the threshold for a rebuttable presumption of paternity. Temporary child support orders prior to paternity adjudication can be obtained with a 92% or greater result. See Minn. Stat. Sect. 257.62 subd. 5. For Additional Information - https://www.revisor.mn.gov/statutes/cite/257.62

3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

Minn. Statute Section 257.75 subd. 3. 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. For Additional Information - https://www.revisor.mn.gov/statutes/cite/257.75

4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).

Yes, however, the presumption may be rebuttable by the following: 1) Clear and convincing evidence presented to the court; 2) A court order establishing paternity by another man; 3) Both biological parents sign a Recognition of Parentage and the birth mother's spouse joins by a Spouse's Non-Parentage Statement prior to the child's first birthday. See Minn. Stat. Sect. 257.55, subd. 1 and subd 1a. For Additional Information - https://www.revisor.mn.gov/statutes/cite/257.55

5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.

No, the father's name on the birth certificate alone does not conclusively determine paternity. 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. See Minn. Stat. Sect. 257.55(c)(2). For Additional Information - https://www.revisor.mn.gov/statutes/cite/257.55

6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.

All paternity/parentage-related presumptions are described in the answers to 3-5 above. For Additional Information - No Link Provided

7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe.

Minnesota Fathers' Adoption Registry. See Fathers' Adoption Registry - Minnesota Dept. of Health (state.mn.us)

8. What, if any, is the agency name and link for your state’s putative fathers’ registry?

The state office (CSD) cannot provide paternity documents, those documents must be requested from the Minnesota Department of Public Health for a fee. However, any paternity documents that the county child support agency has in its possession may be shared and there would not be charge. For Additional Information - No Link Provided

9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?

Yes.

10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?

No. For Additional Information - No Link Provided

10.1 Describe any circumstances under which these fees may be waived?

11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.

12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.

13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Judicial. The Minnesota Supreme Court created an expedited child support process to establish, modify and enforce support. See Minn. Stat. Sect. 484.702. The rules for the expedited process are promulgated by the Minnesota Supreme Court. Minn. Gen. R. Prac. 351-379.

1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.

Not applicable. For Additional Information - No Link Provided

1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.

All child support orders are established in either the expedited child support process described in the answer to question 1 above, or in district court. When there are issues outside the scope of the expedited process, such as custody, visitation, or contested parentage, the case is referred to district court. See Minn. R. Gen. Prac. 353.01 subd (3). For Additional Information - https://www.revisor.mn.gov/court_rules/gp/id/353/

2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?

The custodial parent's income. For Additional Information - No Link Provided

2.1. What documentation is required as proof/evidence of this information?

Proof/evidence of this information may consist of the following: personal and business tax returns; paychecks for regular, overtime, and part-time wages; verification of bonus income; verification of income from independent contracts; dividend statements; interest statements; copies of workers' compensation payments; copies of unemployment compensation checks; copies of disability payment checks; copies of military payment checks; and verification of all other income received by the parent.

3. What criteria for rebutting your presumptive guidelines have been established in your state?

The court may deviate from the guidelines based upon a number of factors. See Minn. Stat. Sect. 518A.43 for details. Whenever the court deviates from the presumptive guidelines, it must make written findings that the deviation serves the best interests of the child. See also Minn. Stat. Sect. 518A.35. For Additional Information - https://www.revisor.mn.gov/statutes/cite/518A.35

4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).

Yes. 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 non-custodial parent'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 noncustodial parent'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 100% of the minimum wage at 30 hours per week. See Minn. Stat Sect. 518A.32 for more about imputing potential income. For Additional Information - https://www.revisor.mn.gov/statutes/cite/518A.32

4.1. What information or documentation does your state require to proceed with establishing support for prior periods?

For intergovernmental cases, Child Support Enforcement Transmittal #1 or a CSENet transaction, Uniform Support Petition, and General Testimony are required. For Additional Information - No Link Provided

4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?

Yes.

4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

See the answer to question 4. For Additional Information - No Link Provided

5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?

No. For Additional Information - No Link Provided

5.1. What about when public assistance is not being expended?

State law requires custody with consent of the custodial parent or approval of the court. Counties differ as to whether they will bring an action as part of a IV-D child support case in non-public assistance cases where there is not a custody order in favor of the non-parent caretaker.

6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?

If the order reserves support, an establishment action is required. If the order is for $0.00, a modification action is required. For Additional Information - No Link Provided

7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

Response depends on case specific factors, but generally no. For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income not subject to withholding?

The following types of income are exempt from withholding: higher education assistance; foster care subsidies; adoption assistance; guardianship assistance; supplemental security income (SSI); need-based public assistance; and pension funds until the obligor draws funds from the pension. See Minn. Stat. Sect. 518A.53. For Additional Information - https://www.revisor.mn.gov/statutes/cite/518A.53

2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.

Yes. Minn. Stat. Sect. 518A.53 subd. 5. For Additional Information - https://www.revisor.mn.gov/statutes/cite/518A.53

2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA?

3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.

4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?

5. What are your state’s sanctions for employers for not implementing income withholding?

6. What are the penalties to an employer for failure to remit payments withheld?

7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents.

7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.

8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents.

8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.

9. How does a noncustodial parent contest an income withholding in your state?

10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.

For Additional Information - No Link Provided

11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold?

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.

Yes. For assistance units that receive child support income where there is only 1 child in the unit, up to $100 of child support received is disregarded or passed through. For assistance units that receive child support income where there are 2 or more children in the unit, up to $200 of child support received is disregarded or passed through. This applies to arrears and current child support payments. This disregard is applied to the unit, not per child.

2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.

No.

3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?

State arrears first (PRWORA distribution).

4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?

There is no difference in distribution for intergovernmental cases.

4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?

There is no difference in distribution for intergovernmental cases. For Additional Information - No Link Provided

9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)

Financial institution data match.

2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?

An AEI request to Minnesota is processed through Minnesota's Central Registry. The requesting state sends an Interstate Transmittal #3 with a request for AEI assistance. The requesting state must certify the amount of the support delinquency, certify that the requesting state's procedural due process requirements for a levy have been met, and provide sufficient information to enable Minnesota to compare information about the cases.

3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?

Prior to January 1, 2023, if the noncustodial parent has not paid the current monthly support obligation plus any required arrearage payment for three months, the child support agency must report this information to a consumer reporting agency. After January 1, 2023, the child support agency may report this information to a consumer reporting agency. For Additional Information - No Link Provided

4. To which credit bureaus does your state report a noncustodial parent's child support information?

Transunion, Equifax and Innovis.

5. Is the method for credit bureau reporting judicial, administrative, or both?

Administrative.

6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"

Credit-reporting terminates automatically when the arrears balance equals $0.00 at the end of the previous month.

7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

No.

8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

No.

9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount?

12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount?

13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial?

14. Are the financial institution attachment procedures in your state judicial, administrative, or both?

Both.

15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?

For Additional Information - No Link Provided

16. Is the financial institution attachment process in your state centralized and/or automated?

The interface with financial institutions is automated and the attachment process initiated at the county level.

17. What are the criteria to attach an account in a financial institution in your state?

18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.

No. For Additional Information - No Link Provided

19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.

If an initiating state is requesting a financial institution attachment, the order must be registered for enforcement in Minnesota or else the other state may utilize an AEI limited service request. See question 2 of the Enforcement section.

20. Does your state's income withholding definition include amounts in financial institutions?

Yes. For Additional Information - No Link Provided

21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?

The child support agency sends the notice to the noncustodial parent. For Additional Information - No Link Provided

22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?

45 calendar days. For Additional Information - No Link Provided

23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.

For Additional Information - No Link Provided

24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.

Not applicable For Additional Information - No Link Provided

25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment?

26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.

For Additional Information - No Link Provided

27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?

28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?

29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?

30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.

31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?

32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?

33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.

34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?

35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?

36. What are the criteria for initiating/filing a lien in your state?

37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.

38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe.

39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.

40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?

40.1 If yes, is this enforcement judicial, administrative, or both?

41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?

42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)

Every two years, Minnesota provides a cost-of-living adjustment on open IV-D cases. Minnesota also sends a notice to case participants every three years information them of their right to request a review for modification. For Additional Information - No Link Provided

2. What is your state's modification procedure? Briefly describe.

Review will be considered upon the request of a party to the order. Minn. Stat. Sect. 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 on their own. For Additional Information - https://www.revisor.mn.gov/statutes/cite/518A.39

3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?

A child support order may be modified if existing circumstances make the terms of the order unreasonable and unfair according to statutory criteria. See Minn. Stat. Sect. 518A.39. For Additional Information - https://www.revisor.mn.gov/statutes/cite/518A.39

4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

For Additional Information - No Link Provided

4.1. The earnings of the noncustodial parent have substantially increased or decreased.

Yes.

4.2. The earnings of the custodial parent have substantially increased or decreased.

Yes.

4.3. The needs of a party or the child(ren) have substantially increased or decreased.

Yes. For Additional Information - No Link Provided

4.4. The cost of living has changed.

Yes.

4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

Yes.

4.6. There has been a substantial change in childcare expenses.

Yes.

4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?

Paying parent become incarcerated, receipt of public assistance, or a change in custody and role reversals are all changes in circumstance that warrant a review and modification of the order. For Additional Information - No Link Provided

5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)

Yes.

6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)

Upon learning that the parent who owes support will be incarcerated for more than 180 calendar days, the IV-D agency must initiate a streamlined review and modification process. For Additional Information - No Link Provided

7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment?

8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request?

9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)?

11. Lump Sum Payments

1. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

A child support worker who receives notice of a lump sum payment from an employer or workers compensation settlement, must serve the payor funds with a sworn affidavit or court order. The affidavit or court order must include: A statement that a judgment, entered pursuant to Minnesota Statutes section 548.091, subd. 1a, exists against the employee or that other support arrearages exist and remain unpaid; the current balance of the judgment or arrearage; and a notice that the payor of funds must pay to the Child Support Agency the lump sum amount or the total amount of the judgment and arrearages due, whichever is less.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.

Yes, a IV-D case in Minnesota meets the criteria to pay the fee if all of the following are true: The obligee on the case is also the applicant; the case program code is nonpublic assistance; the case is not an interstate responding case; the obligee and the obligee's children do not currently receive public assistance; the children have not received Minnesota Family Investment Program (MFIP), Diversionary Work Program (DWP), or IV-E Foster Care (FCC) assistance in Minnesota for at least 24 months; and the children have not received Medical Assistance (MA) or Child Care Assistance (CCAP) in Minnesota for at least one month.

1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)

The cost recovery fee is charged to the applicant.

2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.

3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.

3.1. Is it retained by the state from support collected?

Yes.

3.2. Is it paid by the individual applying for child support services?

3.3. Is it recovered from the noncustodial parent?

3.4. Is it paid by the state out of its state funds?

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)

No. For Additional Information - No Link Provided

2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?

Arrears balance of at least $500.

3. What process does your state use to intercept insurance payments?

CSD generates a report of insurance matches received from the Child Support Portal and CSD staff will put an urgent note on the case for the worker to review and follow up with the potential payor of funds if appropriate. For Additional Information - No Link Provided

4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?

Workers compensation insurance is provided by private insurance companies and varies by employer. MN does not maintain a database of workers compensation insurance providers. Workers compensation benefits are paid by the provider. For Additional Information - No Link Provided

5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?

No.

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)

Yes.

2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)

Yes.

3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)

Yes.

4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)

Yes.

5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)

Yes.

6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

Yes.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?

If there is an IV-D case, the maintaining county would provide a copy of the certified order. If no IVD case exists, then the other state would need to request the certified copy through the Minnesota Judicial Branch. See https://mncourts.gov/ for more information. For Additional Information - https://mncourts.gov/

2. What are the procedures and associated costs for obtaining a certified payment record?

If there is or was an open IV-D case, the certified payment record would come from the maintaining county caseworker. If there has never been an open IV-D case, a certified payment record is not available. For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?

Minn. Stat. Sect.518C. For Additional Information - https://www.revisor.mn.gov/statutes/cite/518C

2. How does your state define the tribunal (See UIFSA 103)?

"Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. For Additional Information - No Link Provided

3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?

One.

4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?

Yes.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)

Bermuda.

2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)

3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?

Yes, they must be accepted as MN has adopted UIFSA Sect. 307 - Alternative A.

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)

Yes. For Additional Information - No Link Provided

2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.

No.

3. What methods of personal service does your state use?

Personal service may be effectuated by the sheriff or other public official as well as by a private contractor.

4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)

Child expenses and cash medical support. For Additional Information - No Link Provided

5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.

No, while Minnesota encourages amicable solutions between parents in all matters, these are not services the IV-D agency currently provides.

6. What circumstances will cause your state to end child support before the normal duration?

For Additional Information - No Link Provided

20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?

We currently send State of Minnesota warrants. We have not been contacted by any of the foreign/Hague Countries with a request or information on how to remit electronic payments or wires to their agency.

2. What actions does your state take to reduce the costs and fees associated with international payment processing?

None.

3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.

Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. We do and currently only receive wire payments from one foreign entity. The instructions are provided below. Please find bank account details to remit a wire payment to the Minnesota Child Support Division below. Please only send payments when your country and the state of Minnesota are working on a case together under the Hague Convention. Account Name: State of MN DHS Account Number: 104757767660 Bank Name: U.S. Bank Bank Address: 101 East Fifth St, Saint Paul, MN 55101 U.S. Bank SWIFT BIC code: USBKUS44IMT Sender Name: Remitter's name, 10 digit Minnesota case participant MCI number and/or 12 digit Minnesota case ID number. All funds should be remitted as USD. MN Child Support Division Contact: Contact Name: Kim Monita, Dawn Johnson Minnesota Child Support Payment Center PO Box 64326 St. Paul, MN 55164 Email: kimberly.monita@state.mn.us; dawn.m.johnson@state.mn.us Phone Number: +1-651-431-4884 Fax Number: +1-651-431-7469

4. Does your state send international payments to participating foreign authorities via OCSS’ Central Authority Payment Service? If yes, please list which foreign authorities.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?

No.

1.1. If yes, list the tribes and identify services provided, if less than full services.

Not applicable. For Additional Information - No Link Provided

2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?

The state offices does not have a record of them.

22. Employer Services

1. Does your state require electronic payments? If yes, provide your state statutory citation.

No

2. What is your state's SDU bank name?

The SDU bank is US Bank.

3. What is your state's SDU vendor name?

Informatix - collections

4. What is your state's web-based payment service for employers?

Child Support Online (Free to Employers) www.childsupport.dhs.state.mn.us/Action/welcome

5. What is your state's web-based payment service for noncustodial parents?

Child Support Online (Free to NCP's) www.childsupport.dhs.state.mn.us/Action/welcome

6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from?

7. How does your state accept card payments?

8. Are there fees associated with the credit card payments?

9. Does your state have other payment options?

10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?

1st pay period occurring 14 days after receipt

11. When must an employer remit amounts withheld from an employee's pay?

7 business days

12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?

Federal, state, city taxes, FICA

13. What is your state's priority for withholdings?

No policy with respect to medical support priority at this time

14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation.

50-65% of disposable income as dictated by the Consumer Credit Protection Act (CCPA), United States Code, title 15, section 1673(b)

15. What are the withholding limits for non-employees?

No limit on payments or income that is not earnings or disposable earnings as those terms are defined in the Consumer Credit Protection Act (CCPA) at 15 USC 1672.

16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).)

Prorate

17. When does your state require employers to send notice of an employee's termination?

10 days after termination

18. How long should an employer retain the order after the employee's termination?

No law or policy

19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii))

$1 per payment

20. Provide your state's statutory citation.

Minn. Stat. § §518A.53

21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.)

No. Lump sums may include (but are not limited to): - severance pay - accumulated vacation pay - accumulated sick pay - bonuses - commissions - other types of pay or benefits

22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.

Employers are instructed to notify the public authority of the pending lump sum per Minn. Stat. § 518A.53, Subd.11

23. Does your state have a threshold amount for a lump sum to be reported?

An employer is required to report all lump sum payments of $500 or more.

24. Does your state citation or rule provide how long the employer must hold the lump sum?

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.

25. Is the Income Withholding Order (IWO) used for lump sums?

Yes

26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

Caseworkers will provide an affidavit of arrears. MN may use a lien/levy process to collect from certain lump sum payments.

27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation?

No

28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment?

No. If the lump sum is not earnings, MN collects lessor of the amount of the lump-sum payment or the total amount of the judgment and arrearages.

29. What is your state's Medical Support Statute?

Sec. 518A.41 MN Statutes

30. What is your state's Reasonable Cost Definition?

According to Minnesota statute, health care coverage is affordable if it is reasonable in cost. If both parents have health care coverage available for a joint child that is comparable with regard to comprehensiveness of medical benefits, accessibility, and the joint child's special needs, the least costly health care coverage is presumed to be the most appropriate health care coverage for the joint child. Federal regulations define reasonable in cost as not exceeding five (5%) percent of the gross income of the parent responsible for providing medical support. The ACA definition of affordability of 8-10% is with regard to employer-provided coverage and universal coverage provisions. It has no effect on the question of whether the health insurance is affordable for a parent based upon his/her income. The five percent standard applies to the additional cost of dependent coverage, not the cost of individual coverage for the parent responsible for providing the health care coverage. The five percent standard is calculated at the time an order is established, not at the time a medical support order is being enforced.

31. What is the Health Coverage Expense?

Sec. 518A.41 MN Statutes Subd. 5. Medical support costs; unreimbursed and uninsured medical expenses. (a) Unless otherwise agreed to by the parties and approved by the court, the court must order that the cost of health care coverage and all unreimbursed and uninsured medical expenses under the health plan be divided between the obligor and obligee based on their proportionate share of the parties' combined monthly PICS. The amount allocated for medical support is considered child support but is not subject to a cost-of-living adjustment under section 518A.75. (b) If a party owes a joint child support obligation for a child and is ordered to carry health care coverage for the joint child, and the other party is ordered to contribute to the carrying party's cost for coverage, the carrying party's child support payment must be reduced by the amount of the contributing party's contribution. (c) If a party owes a joint child support obligation for a child and is ordered to contribute to the other party's cost for carrying health care coverage for the joint child, the contributing party's child support payment must be increased by the amount of the contribution. (d) If the party ordered to carry health care coverage for the joint child already carries dependent health care coverage for other dependents and would incur no additional premium costs to add the joint child to the existing coverage, the court must not order the other party to contribute to the premium costs for coverage of the joint child. (e) If a party ordered to carry health care coverage for the joint child does not already carry dependent health care coverage but has other dependents who may be added to the ordered coverage, the full premium costs of the dependent health care coverage must be allocated between the parties in proportion to the party's share of the parties' combined PICS, unless the parties agree otherwise. (f)

32. What is the Income Withholding Limits for Support?

No limit on payments or income that is not earnings or disposable earnings as those terms are defined in the Consumer Credit Protection Act (CCPA) at 15 USC 1672.

33. What is the Priority of Withholding?

https://www.revisor.mn.gov/statutes/cite/518A.53 An order for or notice of withholding under this section or execution or garnishment upon a judgment for child support arrearage or preadjudicated expenses shall have priority over an attachment, execution, garnishment, or wage assignment and shall not be subject to the statutory limitations on amounts levied against the income of the obligor. Amounts withheld from an employee's income must not exceed the maximum permitted under the Consumer Credit Protection Act, title 15 of the United States Code, section 1673(b). (b) If more than one order for or notice of withholding exists involving the same obligor and child, the public authority shall enforce the most recent order or notice. An order for or notice of withholding that was previously implemented according to this section shall end as of the date of the most recent order. The public authority shall notify the payor of funds to withhold under the most recent withholding order or notice.

34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage?

no state statute or policy

35. According to 45 CFR §303.32(a), what are your state options?

Either or both parents.

36. What does your state do if an employee contests 45 CFR §303.32(c)(5)?

To contest the enrollment, the obligor must do all of the following within 15 days of notice of enrollment by the employer or union: file a motion with the court serve the motion on the other party and the public authority obtain a court date for the matter to be heard within 45 days of the notice of enrollment by the employer or union The contest does not affect the employer or union responsibility to enroll the joint minor child in the health care plan. The joint minor child enrollment must continue during the process to contest. MN CSD Help Desk Phone: 651-431-4400 Phone: 800-657-3890 (toll-free) Fax: 651-431-7544 Email: DHS.CSD.Letters@state.mn.us

37. What is the reporting timeframe (non-magnetic media only)?

Within 20 days of hire date or rehire date

38. What are the required data elements?

New Hire Information: Employee name (First, Middle, Last), Employee address, SSN, Date of Hire, State of hire (if multi-state employer), Employer corporate name, Employer address, FEIN; Optional: Employee date of birth, Employer phone number, Employer contact name, Employer email address

39. What are the methods of transmission?

Online (state portal/FTP), Mail, Fax, Payroll services

40. Does your state require independent contractor reporting?

Yes - for state agencies and all political subdivisions of the state. Optional, but encouraged for Independent Contractors to fill out 1099 form, MN Statute 256.998 Work Reporting System, subd 9: Government Agencies are required to report Independent Contractors. However, this does not include Federal Government Agencies. For all other employers/payor of funds it is optional.