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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).
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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.
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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.
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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.
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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.
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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? |
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The obligation would not end unless the support order was modified. |
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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. |
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No. Unless the court order specifically provides for an automatic reduction, the support order would only be reduced if modified by the court. |
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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. |
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No. Minnesota’s IV-D program does not provide these services. |
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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.
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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.
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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. |
Prior to Aug. 1, 2022, interest charges on arrears at the annual judgment rate, (4%), when the arrears on the case exceed the monthly amount of support due. Effective Aug 1, 2022, interest no longer charges on arrears.
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4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
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Prior to Aug. 1, 2022, interest was charged at the annual judgment rate, (4%), when the arrears on the case exceed the monthly amount of support due. Effective Aug. 1, 2022, interest no charges on arrears. |
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5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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Yes, if there is court ordered obligation to pay a portion of the retroactive support on a monthly basis, and the obligor does not pay, then the annual judgment rate is charged. If there is not a court ordered obligation to pay a portion of the retroactive support on a monthly basis, then interest is not charged. This does not apply to retroactive support that is established for the periods of time after Aug 1, 2022. |
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6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
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Yes, 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.
Either parent can use the unreimbursed and/or uninsured medical or dental expenses packet to begin collection of court ordered unreimbursed and/or uninsured medical or dental expenses from the other parent. The packet contains information, notices and instructions and can be found on the Minnesota Department of Human Services Child Support Division website under the Child Support Forms section.
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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? |
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For Minnesota orders, a notice regarding redirection of support is sent to the original custodial parent, noncustodial parent, and the new caregiver. The original custodial parent and non-custodial parent have 30 days from the date of the notice to contest the redirection in court. If there is no contest, the support is redirected to the caregiver the first day of the month following the expiration of the 30 days to contest the redirection of support. |
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7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain. |
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No, the process is the same as described above in the answer to question 7. |
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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? |
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No. 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 caregiver. If an order is from State A, and State B requests Minnesota to redirect support to a new caregiver; Minnesota needs the following documentation: a copy of the law of the state or tribe that issued the order that authorizes redirection of support (including any required supporting documentation), or a court order to redirect support to the current caregiver. |
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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? |
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Yes.
For more information, see https://www.revisor.mn.gov/statutes/cite/518A.31
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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? |
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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
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10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
No, Minnesota does not have an abatement statute. However, a court may find that a non-custodial parent has satisfied their support obligation.
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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?) |
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It's treated as a gift. |
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12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state? |
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Account reconciliation does not reveal payment source. |
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13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits? |
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Yes. |
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14. Does your state child support agency have a debt compromise program? |
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Yes.
For more information, see https://www.revisor.mn.gov/statutes/cite/518A.62 |
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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?) |
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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. |
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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. |
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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. |
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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.
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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.
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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.
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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.
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5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
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.
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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. |
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.
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7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
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All paternity/parentage-related presumptions are described in the answers above. |
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8. What, if any, is the agency name and link for your state’s putative fathers’ registry? |
Minnesota Fathers’ Adoption Registry
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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? |
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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. Minnesota Child Support system interfaces with the Minnesota Department of Vital Records. |
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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? |
Yes.
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10.1 Describe any circumstances under which these fees may be waived? |
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Not applicable. |
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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. |
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No. |
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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. |
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Common-law marriage in Minnesota was abolished in 1941. |
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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? |
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Submit a UIFSA packet requesting paternity establishment for each child. |
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1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
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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. |
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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.
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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).
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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 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. Additionally, in determining both parents’ income, deductions are allowed for spousal maintenance orders and legal nonjoint children.
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2.1. What documentation is required as proof/evidence of this information? |
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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. |
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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.
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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.
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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, CS Agency Confidential Information Form, Uniform Support Petition, and General Testimony are required.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
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Yes. |
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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.
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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.
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5.1. What about when public assistance is not being expended? |
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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. |
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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.
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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.
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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.
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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.
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2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA? |
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No. |
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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. |
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No. |
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4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
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Withholding must begin no later than the first pay period that occurs after 14 days following the date of receipt of the order for or notice of withholding. |
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5. What are your state’s sanctions for employers for not implementing income withholding? |
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A payor of funds that fails to withhold or transfer funds is liable to the obligee for interest on the funds at the rate applicable to judgments under section 549.09, computed from the date the funds were required to be withheld or transferred. A payor of funds is liable for reasonable attorney fees of the obligee or public authority incurred in enforcing the liability under this paragraph. A payor of funds that has failed to comply with income withholding is subject to contempt sanctions under section 518A.73. If the payor of funds is an employer or independent contractor and violates this subdivision, a court may award the obligor twice the wages lost as a result of this violation. If a court finds a payor of funds violated this subdivision, the court shall impose a civil fine of not less than $500. The liabilities apply to intentional noncompliance with this section.
See Minn. Stat. Sect. 518A.53.
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6. What are the penalties to an employer for failure to remit payments withheld? |
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The penalties for failure to remit are the same as the failure to implement income withholding. See the answer to question 5. |
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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. |
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Yes. Submit the income withholding order directly to the Unemployment Compensation Agency. Due to data privacy concerns, this agency prefers contact be made by fax: 651 205 4007 or mail to:
MN DEED Unemployment Insurance
Child Support
PO Box 4629
St Paul, MN 55101-462
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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. |
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Not applicable |
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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. |
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Yes. Other jurisdictions may send direct income withholding to Minnesota employers, workers compensation, and economic security. To levy funds at a financial institution the other jurisdiction must initiate an intergovernmental request. |
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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. |
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Not applicable |
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9. How does a noncustodial parent contest an income withholding in your state? |
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The obligor may contest income withholding on the limited grounds that the withholding or amount withheld is improper due to mistake of fact. To contest the validity of an income withholding order issued by Minnesota the obligor must, within fifteen days of commencement of the withholding:
1. Secure a hearing date between 20 to 60 days of the motion on the public authority and custodial parent;
2. File a motion with the court for an expedited hearing and include the alleged mistake of fact;
3. Serve a copy of the motion on the Child Support Agency and the custodial parent at least fourteen days before the scheduled hearing.
Pursuant to MN Stat. Sect.518A.53 subd. 12 and 518C.506, the obligor may contest the validity of an income withholding order issued by another state or tribe directly to a Minnesota employer in the same manner as if issued by Minnesota. However, in addition, the obligor must give notice of the contest to the support enforcement agency providing services to the obligee; each employer that directly received an income withholding order and the person or agency designated to receive payments or if no such designee, the obligee. |
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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. |
Payments apply according to federal distribution rules as follows:
1. Current basic support;
2. Current child care support;
3. Current medical support;
4. Current spousal maintenance;
5. Basic support arrears
6. Child care support arrears
7. Spousal maintenance arrears
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11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold? |
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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.) |
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Financial institution data match. |
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2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
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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. |
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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.
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4. To which credit bureaus does your state report a noncustodial parent's child support information? |
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Transunion, Equifax and Innovis. |
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5. Is the method for credit bureau reporting judicial, administrative, or both? |
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Administrative. |
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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?" |
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Credit-reporting terminates automatically when the arrears balance equals $0.00 at the end of the previous month. |
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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? |
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No. |
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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? |
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No. |
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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? |
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Yes. $500 |
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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? |
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Yes. $500 |
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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? |
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Yes. Cases with an ongoing obligation must have a total arrears balance equal to or greater than five times the total monthly accrual. An arrears only case must have a total arrears balance equal to or greater than $100. |
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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? |
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Yes. Cases with an ongoing obligation must have a total arrears balance equal to or greater than five times the total monthly accrual. An arrears only case must have a total arrears balance equal to or greater than $100. |
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13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial? |
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Yes. |
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14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
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Both. |
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15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
Yes, funds that are traceable to a needs-based public assistance program are exempt.
Other funds that are exempt include: Social Security benefits (Old Age, Survivors, or Disability Insurance – aka: OASDI); unemployment benefits, or workers' compensation; veterans' benefits (remains exempt for one year after receipt); accident or disability benefit payments; retirement pension or annuity; life insurance proceeds or death benefits paid to the noncustodial parent; earnings of the minor child; child support, foster care or adoption assistance paid to the noncustodial parent; money from a claim for damage or destruction of exempt property (such as household goods, farm tools, business equipment, a mobile home, or a car).
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16. Is the financial institution attachment process in your state centralized and/or automated? |
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The interface with financial institutions is automated and the attachment process initiated at the county level. |
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17. What are the criteria to attach an account in a financial institution in your state? |
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The total arrears balance must be if greater than or equal to five times the total monthly accrual, or if the case is arrears-only, greater than or equal to $100.00. This arrears-only balance is not a legal requirement; it is a policy decision programmed into Minnesota’s child support program computer system. |
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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.
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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. |
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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. |
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20. Does your state's income withholding definition include amounts in financial institutions? |
Yes.
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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.
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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.
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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. |
Yes.
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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
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25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment? |
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The noncustodial parent may either file a claim of exemption, stating that the funds are exempt, (see answer to question 15 for information about exempt funds), with the child support agency and/or a motion to contest to support judgment levy with the court. There are limited legal grounds for a noncustodial parent to win a motion to contest a levy. The court must find there was a mistake of fact or a valid claim of exemption. |
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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. |
No.
For Additional Information - No Link Provided
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
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The total arrears balance must be greater than or equal to three times the total monthly accrual and $500.00, or the balance must be at least $500.00 for arrears-only cases. |
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
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A professional license may be reinstated when the arrears balance is equal to $0, the noncustodial parent enters into a payment agreement, or if the worker manually reinstates the license because the remedy is not appropriate. Specific instances where it would be inappropriate to suspend the license include if the noncustodial receives need-based public assistance, or is currently incarcerated. |
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29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
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Yes. Minnesota has a limited license option that individuals can obtain one time in their life for 90 days after their license is suspended. |
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30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
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The total arrears balance must be greater than or equal to three times the total monthly accrual and $500.00, or the balance must be at least $500.00 for arrears-only cases. The types of professional licenses include those issued by both health-related licensing boards and non-health-related licensing boards.
https://www.revisor.mn.gov/statutes/cite/518A.66 and https://www.revisor.mn.gov/statutes/cite/214.01 |
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31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
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A professional license may be reinstated when the arrears balance is equal to $0, the noncustodial parent enters into a payment agreement, or if the worker manually reinstates the license because the remedy is not appropriate. Specific instances where it would be inappropriate to suspend the license include if the noncustodial receives need-based public assistance, or is currently incarcerated. |
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32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
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No. |
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33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
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The noncustodial parent in arrears in an amount that is at least six times the total monthly payment amount and equal to or greater than $500.00. |
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34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
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A motion to reinstate a recreational license by the noncustodial parent, custodial parent, or the child support agency, (also called the “public authority”), may be granted if the court finds the reason for the suspension was accrual of arrears and the noncustodial parent is in compliance with all written payment agreements; the noncustodial parent has paid the arrears in full; the reason for the suspension was failure to comply with a subpoena and the noncustodial parent has complied with the subpoena; or the original motion to suspend was brought by the public authority and the public authority attests that the IV-D case is eligible for closure. |
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35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
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NO. |
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36. What are the criteria for initiating/filing a lien in your state? |
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Filing a lien, (or judgment as Minnesota usually describes them), is at the child support worker’s discretion. Practices vary across counties. |
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
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Both. Judgments are docketed and entered by the court, however, judgments may be renewed by the child support agency without a court order.
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38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe. |
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Yes, it is a judicial process. |
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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. |
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Yes, administrative. |
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40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
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Yes, lottery prizes equaling $600 or more. |
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40.1 If yes, is this enforcement judicial, administrative, or both? |
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Administrative. |
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41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
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Student grant hold. |
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42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
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Civil contempt. |
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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
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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 -
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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 -
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
For Additional Information - No Link Provided
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4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
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Yes. |
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4.2. The earnings of the custodial parent have substantially increased or decreased. |
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Yes. |
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4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes.
For Additional Information - No Link Provided
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4.4. The cost of living has changed. |
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Yes. |
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4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
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Yes. |
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4.6. There has been a substantial change in childcare expenses. |
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Yes. |
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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
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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).) |
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Yes. |
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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
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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? |
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The case must meet the criteria for modification as indicated in question 3. |
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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? |
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The agency may review a IV-D Non-Public Assistance case without a request from a party and routinely does so in situations specified in question 9, below. In addition, the agency accepts oral and written review requests from a party. |
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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)? |
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Yes. |
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1. Does your state require electronic payments? If yes, provide your state statutory citation. |
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No |
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2. What is your state's SDU bank name? |
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The SDU bank is US Bank. |
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3. What is your state's SDU vendor name? |
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Informatix - collections
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4. What is your state's web-based payment service for employers? |
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Child Support Online (Free to Employers)
www.childsupport.dhs.state.mn.us/Action/welcome |
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5. What is your state's web-based payment service for noncustodial parents? |
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Child Support Online (Free to NCP's)
www.childsupport.dhs.state.mn.us/Action/welcome |
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6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from? |
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Yes. Accepted Credit Cards: Master Card, VISA, Discover, American Express. MN also accepts E-Wallett payments from PayPal, Venmo, Google Pay, and Cash App.
There is a $5,000.00 Limit for credit card and e-wallet payments. |
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7. How does your state accept card payments? |
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Third Party Vendor: iPayOnline
Link: https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fipayonline.mnsdu.net%2FiPayOnline%2F&data=05%7C02%7Cshelly.hockaday%40state.mn.us%7C47f6c7473c8548ee7ff708dec58c618f%7Ceb14b04624c445198f26b89c2159828c%7C0%7C0%7C639165403876375798%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=NlZ1evAr8S0UB5IX8MW67cbwnOcXwpHzS1aBgiDRa18%3D&reserved=0 |
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8. Are there fees associated with the credit card payments? |
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Yes. The iPayOnline vendor charges users a 2.95% fee on each payment. |
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9. Does your state have other payment options? |
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Payment options: https://edocs.dhs.state.mn.us/lfserver/Public/DHS-7585O-ENG |
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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? |
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1st pay period occurring 14 days after receipt |
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11. When must an employer remit amounts withheld from an employee's pay? |
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7 business days |
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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? |
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Federal, state, city taxes, FICA |
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13. What is your state's priority for withholdings? |
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No policy with respect to medical support priority at this time |
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14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation. |
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50-65% of disposable income as dictated by the Consumer Credit Protection Act (CCPA), United States Code, title 15, section 1673(b) |
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15. What are the withholding limits for non-employees? |
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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. |
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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).) |
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Prorate |
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17. When does your state require employers to send notice of an employee's termination? |
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10 days after termination |
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18. How long should an employer retain the order after the employee's termination? |
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No law or policy |
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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)) |
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$1 per payment |
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20. Provide your state's statutory citation. |
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Minn. Stat. § §518A.53 |
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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.) |
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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 |
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22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
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Employers are instructed to notify the public authority of the pending lump sum per Minn. Stat. § 518A.53, Subd.11 |
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23. Does your state have a threshold amount for a lump sum to be reported? |
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An employer is required to report all lump sum payments of $500 or more. |
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24. Does your state citation or rule provide how long the employer must hold the lump sum? |
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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. |
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25. Is the Income Withholding Order (IWO) used for lump sums? |
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Yes |
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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.? |
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Caseworkers will provide an affidavit of arrears.
MN may use a lien/levy process to collect from certain lump sum payments. |
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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? |
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No |
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28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment? |
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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. |
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29. What is your state's Medical Support Statute? |
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Sec. 518A.41 MN Statutes |
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30. What is your state's Reasonable Cost Definition? |
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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. |
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31. What is the Health Coverage Expense? |
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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) |
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32. What is the Income Withholding Limits for Support? |
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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. |
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33. What is the Priority of Withholding? |
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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.
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34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage? |
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no state statute or policy |
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35. According to 45 CFR §303.32(a), what are your state options? |
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Either or both parents. |
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36. What does your state do if an employee contests 45 CFR §303.32(c)(5)? |
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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 |
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37. What is the reporting timeframe (non-magnetic media only)? |
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Within 20 days of hire date or rehire date |
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38. What are the required data elements? |
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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 |
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39. What are the methods of transmission? |
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Online (state portal/FTP), Mail, Fax, Payroll services |
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40. Does your state require independent contractor reporting? |
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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. |