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Minnesota State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
All counties have a cooperative agreement with either a county attorney's office or private attorney. Some counties have agreements with their Court Administrator or Sheriff's Department.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
Minn. Stat.518A.47. The provision of services under the child support enforcement program that includes services by an attorney or an attorney's representative employed by, under contract to, or representing the authority does not create an attorney-client relationship with any party other than the public authority.
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No. The individual county attorneys represent the IV-D agency in court proceedings not the state attorney general. See Minn. Stat. 388.051
A2.3. If yes, please explain.
Not applicable

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Minnesota Stat. 518C.
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
one

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Minnesota has state level agreements for child support with the following: Bermuda, Germany,and Sweden.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
Not applicable
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
No special reciprocity agreements exist(beyond what is stated in UIFSA and the Full Faith and Credit for Child Support Orders Act.)
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. 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).) **

D. Age of Majority

D1. What is the age of majority in your state?
A child is defined as an individual under the age of 18, 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. Emancipation occurs once the individual turns 18, graduates high school, or turns 20, whichever occurs later.
D2. What is the statutory citation for the age of majority?
Minnesota Statute 518A.26, subd.5
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18 or until age 20 if the child is still attending secondary school, whichever occurs later. Minn. Stat. 518A.26, subd.5
D4. Does the date of the order determine the law that is applied?
Yes
D4.1. If yes, please explain.
Orders entered prior to 1973 had different statutory language regarding emancipation.
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Support can extend beyond this date if specifically addressed in the order -- such as for disability or if parties had agreed to an educational trust fund for cost of post-secondary education. Minn. Stat. 518.551 subd. 5d.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
D8.1 If not, how does this affect interstate referrals?

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
There is no statute of limitations on certain administrative enforcement remedies including: income withholding, state tax intercepts, credit bureau reporting, license suspension, Minn. Stat. 518A.60 authorizes collection methods applicable to the collection of arrearages. The statute of limitations on judgments lasts for 10 years. (Minn. Stat 541.04). Judgments can be renewed within 10 years of the entry date.
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E2. What is your State's statute of limitations for paternity establishment?
One year after child reaches age of majority, if there is no presumed father. Minn. Stat. 257.57. However, the MN IV-D agency does not pursue paternity actions for adult children.
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
Not applicable
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Income Shares Model as of 1/1/07, which uses the parents' combined gross income to calculate basic support, medical support and childcare support. Minn. Stat.518A.34
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F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
The interest for judgments is set by legislature. Effective 1/1/2008 to date the yearly interest rate for child support arrears and judgments is 4%. For current and previous Minnesota interest rate information see the link provided below.
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F3. Does your state charge interest on retroactive support?
Yes
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
If there is court ordered obligation to pay a portion of the retroactive support on a monthly basis, and the obligor does not pay, then the annual judgment rate is charged. If there is not a court ordered obligation to pay a portion of the retroactive support on a monthly basis, then interest is not charged.
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
The interest for judgments is set by legislature. Effective 1/1/2008 to date the yearly interest rate for child support arrears and judgments is 4%. For current and previous Minnesota interest rate information see the link provided below.
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
Minnesota will enforce the parties' share of the uninsured medical expenses as determined in the child support court order. The court must order that unreimbursed and uninsured medical expenses be divided between the parties based on their proportionate share of the combined monthly parental income for determining child support. 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 MN DHS website under the Child Support Forms section.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
If the obligee is the applicant for IV-D services, a 1% cost recovery fee is charged to non-public assistance obligees. This fee is not assessed on interstate responding cases.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
A 1% cost recovery fee is charged to the applicant of IV-D services on non-public assistance cases. Effective January 1, 2012 the cost recovery fee will be 2%. This fee is not assessed on interstate responding cases.
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
For the cost of genetic tests and service of process.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Minnesota Statute Section 543.19; Minnesota Statute Section 518C.201 (UIFSA).
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
A case with a spousal maintenance obligation is considered a IV-D case when there is a child support obligation being enforced on the same case, and a Non IV-D case when the only obligation on the case is spousal maintenance. Minnesota does not establish or modify spousal maintenance orders for IV-D or Non IV-D cases. IV-D cases with spousal maintenance obligations are enforced. Instate (Minnesota) Non IV-D cases with only spousal maintenance obligations are eligible for income withholding only services. Income withholding only services is the receipt, processing and disbursement of support payments made by the obligor. The applicant must serve Notice of Income Withholding. Interstate responding Non IV-D cases with only spousal maintenance obligations are not eligible for services.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
No
F10.1. Optional comments regarding required information on spouse or partner.
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
Effective 07/01/2016 MN no longer charges an application fee and the State will pay the federal share of the fee.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No
F11.2 Does your state collect the fee from the person applying for IV-D services?
No
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
Minnesota pays the fee out of its own funds effective 07/01/16
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
10/01/2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
F15. Will your state discontinue eligible assignments under the DRA of 2005?
Yes
F15.1. If yes, list the eligible assignments your state would discontinue.
Temporary assignment and conditional assignment of pre-assistance arrears. We continue to apply federal tax offset collections to assigned arrears first. Pre-1997 assigned arrears remain assigned, we did not redistribute previously distributed funds.
F15.2. When will your state discontinue each type of assignment?
Not applicable
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PWRORA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
For Minnesota orders; a Notice regarding redirection of support is sent to the original CP, NCP, and the new caregiver. The original CP and NCP 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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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
For Minnesota orders; a Notice regarding redirection of support is sent to the original CP, NCP and the new caregiver. The original CP and NCP 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. The same process applies if there is a public assistance obligation for child care.
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
For Minnesota orders; if there are no public assistance obligations; the case is referred to the IV-D attorney for the next step (e.g. a court ordered redirection for support.)
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
Effective 07/01/16 MN no longer charges applicants the fee. MN covers the fee from its own funds.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?
The following types of income are not subject to withholding: higher education assistance; foster care subsidies; adoption assistance; guardianship assistance; supplemental security income (SSI); need based public assistance such as TANF; general assistance; medical assistance; food stamps; child care; rent assistance; and pension funds until the obligor draws funds from the pension.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
Not applicable
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
The employer may deduct a $1.00 processing fee from the employee's income for each payment withheld by income withholding.
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
The employer must implement income withholding no later than the first pay period occurring 14 days following the date of the receipt of the order or notice to withhold.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
The employer must remit the withheld funds to the state disbursement unit (SDU) within seven business days from the date they pay the employee the remainder of the income.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
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.
G7. What is the penalty to an employer for failure to remit payments withheld?
The penalties for failure to remit are the same as the failure to withhold.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
Yes
G8.1. Explain your process for receiving direct withholding orders across state lines.
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 55101-4629
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G8.2. What documents are required to intercept UI benefits?
A copy of the court order sent by U.S. Mail
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
G10. How does an obligor contest income withholding in your state?
The obligor may contest income withholding on the limited grounds that the withholding or amount withheld is improper due to mistake of fact. To contest the validity of an income withholding order issued by Minnesota the obligor must, within fifteen days of commencement of the withholding: 1. secure a hearing date between 20 to 60 days of the motion on the public authority and custodial parent 2. file a motion with the court for an expedited hearing and include the alleged mistake of fact 3. serve a copy of the motion on the Child Support Agency and the custodial parent at least fourteen days before the scheduled hearing. Pursuant to MN Stat. 518A.53 Subd. 12 and 518C.506, the obligor may contest the validity of an income withholding order issued by another state or tribe directly to a Minnesota employer in the same manner as if issued by Minnesota. However, in addition, the obligor must give notice of the contest to the support enforcement agency providing services to the obligee; each employer that directly received an income withholding order and the person or agency designated to receive payments or if no such designee, the obligee.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
Not applicable
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No
G13. When does your state require the employer to send notice of an employee's termination?
The employer must notify the Child Support Agency within 10 days of the employee's termination date. The notice must include the employee's home address and the name and address of the employee's new employer, if known.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
The employer is not required to retain the IWO after the employee terminates employment. 518A.53 Subd. 5.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Other jurisdictions may send direct income withholding to Minnesota employers, workers compensation, and economic security. To levy funds at a financial institution the other jurisdiction must initiate an intergovernmental request.
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G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
If there is insufficient income to meet all of the employee's support obligations subject to withholding, the employer must withhold the maximum amount under the CCPA and remit that sum to the state disbursement unit (SDU).
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?

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G21. Does your state's law require a signature on the income withholding order?

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
Yes
H1.1. If yes, please explain.
An order establishing paternity also addresses issues of custody and visitation.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99% is the threshold. Minn. Stat. 257.62 subd. 5(b).Temporary child support orders prior to paternity adjudication can be obtained with a 92% or greater result. Minn. Stat. 257.62 subd. 5(a).
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
A paternity acknowledgment, or Recognition of Parentage, is considered a conclusive determination of paternity unless multiple presumptions of paternity exist, i.e. marriage, more than one paternity acknowledgment, etc. Minn. Stat. 257.75 subd. 3.
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
01/01/1994
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
Paternity acknowledgments remain rebuttable if multiple paternity presumptions exist.
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
1) Rebutted in court with clear and convincing evidence. 2) A court order establishing paternity by another man. 3) Both biological parents sign a Recognition of Parentage and the birth mother's spouse joins by a Spouse's Non parentage Statement prior to the child's first birthday. Minn. Stat. 257.55, subd. 1 and subd 1a.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
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. Minn. Stat. 257.55(c)(2).
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
See H5 and H5.1
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
Fathers Adoption Registry Minnesota Department of Health Fathers http://www.health.state.mn.us/divs/chs/registry/top.htm. Minnesota Department of Health 85 East Seventh Place, 3rd Floor P.O. Box 64882 St. Paul, Minnesota 55164-0882 Voice: (651) 201-5994 Or toll free at 1-888-345-1726 Fax: (651) 201-5740
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.

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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
Not applicable
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?

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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
Minnesota Statute 518C.201 (UIFSA) and Minnesota Statute Section 543.19. Minnesota Statue Section 543.19 -- if a Minnesota court has subject matter jurisdiction, then the court may exercise jurisdiction over a nonresident if the nonresident: - Owns, uses, or possesses any real or personal property situated in Minnesota - Transacts any business within the state, or -Commits any act in Minnesota causing injury or property damage, or -Commits any act outside Minnesota causing injury or property damage in Minnesota.
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
Genetic testing costs may be recovered as part of the pleadings.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
A copy of the Acknowledgment of Paternity or the Recognition of Paternity or copy of the court order adjudicating parentage filed with the department of health/vital statistics equivalent.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
Submit a UIFSA packet requesting establishment of paternity for each child.

I. Support Order Establishment

I1. 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. Minn. Stat. 484.702. The rules for the expedited process are promulgated by the Minnesota Supreme Court. Minn. Gen. R. Prac 351-379.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
Not applicable
I1.2. Under what circumstances would a judicial process would be used?
When issues that are outside the scope of the expedited process, such as custody, visitation, or contested parentage are to be addressed. See Minn. R. Gen. Prac. 353.01 subd (3).
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.

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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
The custodial parent's income is also considered. The new spouse's or the child's income is not considered. However, Social Security and/or Veterans' Benefits provided for the benefit of a joint child(ren) are included as income for the parent on whose eligibility the benefits are based. Also, in determining gross income, a deduction is allowed for spousal maintenance orders and child support orders for nonjoint child(ren) that a party is obligated to pay.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
The court may deviate from the guidelines if both the parties agree and it is approved by the court. The court must make written findings that the deviation serves the best interests of the child. Minn. Stat 518A.43; 518A.35.
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Minnesota law allows for reimbursement for public assistance or for expenses/costs in nonpublic assistance cases up to two years prior to the date the legal action was commenced. This may include expenses related to pregnancy and birth. If the NCP's income is known for the two years prior to the commencement of the action, then child support for the prior period is based on guidelines. If the NCP's income is not known for the two years prior to the commencement of the action, child support may be imputed or based on the default standard of 100% of the minimum wage @ 30 hours per week. Minn. Stat 518A.32
I4.2. What information or documentation does your State require to proceed?
For interstate cases, Child Support Enforcement Transmittal #1 or a CSENet transaction, Uniform Support Petition, and General Testimony are required.
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Minnesota law allows for child support for a prior period for up to two years prior to the date the legal action was started.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Not applicable
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I6. What is your state's statutory authority for the administrative process?
Not applicable
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I7. Is there a local state law that allows an interstate administrative subpoena?
Yes. Minn. Stat. 518A.46
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No
I10. 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?
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
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
If the order reserves support; request establishment. If the order is for $0.00; request a modification.
I12. 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 custodian obtain legal custody before a support order is modified or established?
Response depends on case specific factors, generally no.
I13. 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 custodian obtain legal custody before support can be redirected to the new payee?
Response depends on case specific factors, generally no.
I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff or other public official. Forward documents needing to be served to a private contractor.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Child care expenses Cash medical support
I17. Please provide the relevant statutory or case law citation. **
MN Statt 518C
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
No
I18.1 If yes, indicate the appropriate responses. **
While we encourage amicable solutions between parents in all matters, these are not services the IV D agency currently provides.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Administrative
J2. Is the lien process in your state judicial, administrative, or both?
Both
J2.1. What are the trigger criteria for filing a lien?
Filing a lien is at case worker discretion.
For Additional Information - No Link Provided
J2.2. Where are your state liens filed?
County Court Administrator Office
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
The fee amount varies by county
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Both
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
The NCP receives notice via Appendix A which is attached to every support order.
J4.2. Does your state's income withholding definition include amounts in financial institutions?

For Additional Information - No Link Provided
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
State
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
3 days
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
The case must be certified for federal or state tax offset and the obligor must not be complying with any previously executed payment agreement or under bankruptcy protection.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
The obligor must owe past due support of at least five times the current monthly support amount or if an arrears only case, $100.00.
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
No
J5.3.1. If yes, please provide the time frame.
Not applicable
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
Not applicable
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
Not applicable
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
Not applicable
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
The obligor has 20 days to claim an exemption and 30 days to file a hearing to contest.
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
The obligor has 60 days to appeal the court ruling.
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
The funds are exempt or mistake of fact.
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
Both
J5.11. What are your state's penalties for incorrect seizures?
A bad faith claim by the public authority may result in a penalty of up to $100.00. The financial institution is not liable for damages for complying with a notice from the public authority.
J5.12. Is the second challenge administrative, judicial, or both?
Judicial
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
A third party claiming an interest in the account may intervene or the court may summon the third party. The court decision is binding on the third party who has the same appeal rights as any other party to the action.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Matching is automated but Freeze and Seize is at the discretion of the case worker.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
No
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
Not applicable
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes
For Additional Information - No Link Provided
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
The financial institution must remit the assets within 45 days of receipt of the levy notice.
For Additional Information - No Link Provided
J6. Does your state withhold state funds or benefits?
No
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Not applicable
J7. Describe any other administrative enforcement procedures your state may have.
Credit Bureau Reporting; Drivers License Suspension; Federal Tax Offset; Financial Institution Data Match; Occupational License Suspension; Passport Denial; State Tax Offset; Student Grant Hold
J8. Describe any other judicial enforcement procedures your state may have.
Civil Contempt; Criminal Contempt; Federal Criminal Prosecution; Judgment; Recreational License Suspension; Sequestration
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
Pursuant to Minn. Stat. 548.27, another jurisdiction may file a lien with the county court administrator.
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J10. Which of your state's enforcement remedies are available without judicial actions?
The administrative remedies except for Financial Institution Data Match are available without registration.
J11. Describe your state's procedures for registering and enforcing another state's order.
The obligor may contest registration within 20 days of notice. If contested, a hearing is scheduled. If not contested, registration is by operation of law.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
None.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
Yes. Minn. Stat., 548.26 to 548.33.
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J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
J15. To which credit bureaus does your state report an obligor's child support information?
TransUnion: 800-888-4213; Equifax: 800-997-2493; Innovis: 281-504-2620
J16. Is the method for credit bureau reporting judicial, administrative, or both?
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
J19. What documentation does your state require to proceed with an AEI request?
J20. What mandatory data elements does your state need to process AEI requests?

For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
J22. How many copies/sets of documents does your state require with an AEI request?
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
J25. What is the procedure for obtaining a certified copy of a court order?
J26. What is the procedure for obtaining a certified payment record?
J27. Is there a cost for requesting a certified copy of a court order or payment record?
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
J29. What triggers a driver's license revocation?
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
J29.2 If yes, what is the amount?
J30. Under what conditions may a noncustodial party restore the driver's license?
J30.1 What is the process for restoring a driver's license?
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
MN has a limited license option that individuals can obtain one time in their life for 90 days after their license is suspended.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
J33.2 What is the dollar amount?
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes, $500.00 in past due support.
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes, for cases where MN is owed arrears.
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
Yes
J36.2 What is the dollar amount?
For NPA arrears only cases, the past due balance must equal $500.00. For NPA cases with current support due, the past due balance must be at least $500.00 and greater than the total of all the monthly support accruals on the case. For PA arrears only cases, the past due balance must be at least $150.00. For PA cases with current support due, the past due amount must be $150.00 and be greater than the total of all the monthly accruals on the case.
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes
J38.2 What is the dollar amount?
$500.00 in past due support.
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
Yes, for cases where MN is owed arrears.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
Yes, a modification would be completed for existing orders. It would be factored in to newly established orders. It is counted as income for the CP and credited against the obligation for the NCP.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
The majority of Minnesota support orders are adjusted every two years, as part of Minnesota's automatic Cost of Living Adjustment (COLA) process. In addition to the COLA process, participants have the right to request a review of their support order at any time. There is a 6-month review process after an initial order is established. Participants are sent a Notice of their right to review every 36 months.See Minn. Stat. 518.1781 and 518A.39.
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
Review will be considered upon the request of a party to the order. Minn. Stat. 518A.39 provides for various criteria to be considered when conducting a review. The party may request the IV-D agency conduct a review or if the IV-D agency is not able to do the review, the party may choose to proceed pro se.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
The majority of Minnesota orders are adjusted every two years, as part of Minnesota's automatic Cost of Living Adjustment (COLA) process. Parties to the order subject to COLA, have the right to contest the COLA and proceed to a hearing. Reviews are also conducted at the request of either party at any time. If specific criteria are met, the IV-D agency may conduct the review. If not, the party has the option of proceeding pro se. See Minn. State. 518A.39.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
If a parent has added work-related or education-related child care expenses, or there has been a substantial increase or decrease in existing work-related or education-related child care expenses. Uponthe emancipation of a joint child and the order still covers at least one additional joint minor child.
K5. Does your state have cost of living adjustments (COLAs) for orders?
Yes
K5.1. If yes, what index does your state use?
Consumer Price Index (CPI)
K6. How does your state credit SSA disability to current and past-due support?
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
No, the state does not abate support, however, local county agency's may abate support.
K7.2. What is the statutory citation for your abatement law?

For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

For Additional Information - exit disclaimer
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
This information is obtained from the Minnesota Department of Health, Vital Statistics. Cost varies depending upon the document requested.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Minn. Stat. 518C.602(a) sets for the minimally acceptable information for registration of cases for enforcement and/or modification according to UIFSA
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Yes
K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration The child support order states that child support ceases prior to the normal duration

L. Payments

L1. Does your state define a lump sum payment?
Yes
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
Minn Stat. 518A.53, Subd 11 Lump-sum payments. Before transmittal to the obligor of a lump-sum payment of $500 or more including, but not limited to, severance pay, accumulated sick pay, vacation pay, bonuses, commissions, or other pay or benefits, a payor of funds: (1) who has been served with an order for or notice of income withholding under this section shall: (i) notify the public authority of the lump-sum payment that is to be paid to the obligor; (ii) hold the lump-sum payment for 30 days after the date on which the lump-sum payment would otherwise have been paid to the obligor, notwithstanding sections 176.221, 176.225, 176.521, 181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota Rules, part 1415.2000, subpart 10; and (iii) upon order of the court, and after a showing of past willful nonpayment of support, pay any specified amount of the lump-sum payment to the public authority for future support; or (2) shall pay the lessor of the amount of the lump-sum payment or the total amount of the judgment and arrearages upon service by United States mail of a sworn affidavit from the public authority or a court order that includes the following information: (i) that a judgment entered pursuant to section 548.091, subdivision 1a, exists against the obligor, or that other support arrearages exist; (ii) the current balance of the judgment or arrearage; and (iii) that a portion of the judgment or arrearage remains unpaid. The Consumer Credit Protection Act, title 15 of the United States Code, section 1673(b), does not apply to lump-sum payments.
L1.2 Provide the statutory citation.
Minn. Stat. 518A.53, Subd.11
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L2. Does your state law require employers to report lump sum payments?
Yes
L2.1 If yes, give the statutory citation or rule.
Minn. Stat. 518A.53, subd.11
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L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
Yes
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
An employer is required to report all lump sum payments of $500 or more. MN defines lump sum as: "Including but not limited to severance pay, accumulated sick pay, vacation pay, bonuses, commissions or other pay or benefits."
L4. How are employers instructed to report a pending lump sum?
Via the federal Income Withholding for Support Notice.
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
30 days, after which the employer may release the funds to the obligor.
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
L8. What other documents does your state use to attach lump sum payments?
An affidavit from the Child Support Agency indicating the following information: 1) that a judgment against the obligor or other support arrearages exist, 2) the current balance of the judgment or arrearages; and 3) that a portion of the judgment or arrearages remain unpaid.
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
The Consumer Credit Protection Act, title 15 of the United States Code, section 1673(b), does not apply to lump-sum payments.
L9.1. If yes, what are those limits?
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?

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L9.3. If yes, what are those limits?
L9.4. If no, what percentage is the employer required to withhold?
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
L10.1 If yes, would the employer only withhold for that period's obligation?
L11. Does your state have a direct deposit program?
L11.1 If so, specify the vendor.
L12. Does your state have a debit card program?
L12.1 If so, specify the vendor.
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
L13.1 If so, are there fees involved?
L14. What are the fees associated with using the card?
L15. How does your state collect child support payments from an obligor? **
Payments can be made in the following ways; Preauthorized withdrawals from a financial institution account, Income withholding, Check or Warrant, Electronic Funds Transfer, Made in Cash (in person), and/or online via checking or savings account at www.childsupport.dhs.state.mn.us
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be by check
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority All payments are processed upon receipt
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
L19. What is your state's International Bank Account Number (IBAN)? **

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

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M1.1. Additional information on the CCPA.

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M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
Not applicable
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
Not applicable
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
$500
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
Not applicable
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
MN participates in the OCSE Insurance Match Program as of 3/2015
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
Not applicable
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Not applicable
M3.1. Provide the statutory citation.
Not applicable
For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
IWO Notice of lien
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
Not applicable
For Additional Information - No Link Provided
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
Not applicable
For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
M7. How does another state initiate and intercept collections from your state 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.
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state 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)
Yes
N4. Does your state 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)
Yes