Minnesota State Law
1. General Program-At-A-Glance
| 1. How many local child support offices are in your state excluding agencies with cooperative agreements? |
| 87 Counties and 4 Tribal IV-D offices |
| 2. What is the name of your IV-D agency? |
| The Minnesota Child Support Division (CSD) supervises the county and tribal IV-D agencies. The county and tribal IV-D agencies administer the program. |
| 3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
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Minnesota uses the judicial process to establish and modify support. Minnesota primarily enforces support orders administratively.
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| 4. Does your state use the following applications: EDE, CSENET, QUICK? |
| Yes. |
2. Duration Of Support
| 1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
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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. |
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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. |
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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. |
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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. |
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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? |
| The obligation would not end unless the support order was modified. |
| 7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
| No. Unless the court order specifically provides for an automatic reduction, the support order would only be reduced if modified by the court. |
| 8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
| No. |
3. Statute Of Limitations
| 1. What is your state's statute of limitations for the collection of past-due support? |
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There is no statute of limitations on certain administrative enforcement remedies including income withholding, state tax intercepts, credit bureau reporting, license suspension.
The statute of limitations on judgments lasts for 10 years and judgments can be renewed within 10 years of the entry date. See Minn. Stat. Sect. 541.04.
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| 2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
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One year after child reaches age of majority, if there is no presumed father. The IV-D agency, however, does not pursue paternity actions for adult children. See Minn. Stat. Sect. 257.57.
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| 3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
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No.
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4. Support Details
| 1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
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Income Shares Model.
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| 2. 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. |
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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. See Minn. Stat. Sect. 518A.59.
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| 3. 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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| 4. 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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| 5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
| 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. |
| 6. 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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| 6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
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No, the process is the same as described above in the answer to question 6.
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| 7. 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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| 8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
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Yes.
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| 9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
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No, Minnesota does not have an abatement statute. However, a court may find that a non-custodial parent has satisfied their support obligation. See Minn. Stat. Sect. 518A.38 subd. 3.
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5. Paternity/Parentage
| 1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
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Yes, a paternity order must also address custody and parenting time. See Minn. Stat. Sect. 257.66 subd. 3.
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| 2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
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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 state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
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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. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
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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 the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
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No, the father's name on the birth certificate alone does not conclusively determine paternity. There is a rebuttable presumption that a man is the biological father of a child if, with his consent, he is named as the child's father on the child's birth certificate. See Minn. Stat. Sect. 257.55(c)(2).
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| 6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
| All paternity/parentage-related presumptions are described in the answers to 3-5 above. |
| 7. What, if any, is the agency name and link for your state's putative fathers' registry? |
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Minnesota Fathers' Adoption Registry. See Fathers' Adoption Registry - Minnesota Dept. of Health (state.mn.us)
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| 8. 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.
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| 9. 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? |
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Yes.
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| 9.1. Describe any circumstances under which these fees may be waived? |
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No.
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| 10. 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. |
| No. |
| 11. 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. |
| Common-law marriage in Minnesota was abolished in 1941. |
| 12. 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? |
| Submit a UIFSA packet requesting paternity establishment for each child. |
6. Support Order Establishment
| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
| Judicial. The Minnesota Supreme Court created an expedited child support process to establish, modify and enforce support. See Minn. Stat. Sect. 484.702. The rules for the expedited process are promulgated by the Minnesota Supreme Court. Minn. Gen. R. Prac. 351-379. |
| 1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
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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. |
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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)? |
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The custodial parent's income.
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| 2.1. What documentation is required as proof/evidence of this information? |
| Proof/evidence of this information may consist of the following: personal and business tax returns; paychecks for regular, overtime, and part-time wages; verification of bonus income; verification of income from independent contracts; dividend statements; interest statements; copies of workers' compensation payments; copies of unemployment compensation checks; copies of disability payment checks; copies of military payment checks; and verification of all other income received by the parent. |
| 3. What criteria for rebutting your presumptive guidelines have been established in your state? |
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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). |
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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? |
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For intergovernmental cases, Child Support Enforcement Transmittal #1 or a CSENet transaction, 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? |
| Yes. |
| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
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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? |
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No.
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| 5.1. What about when public assistance is not being expended? |
| State law requires custody with consent of the custodial parent or approval of the court. Counties differ as to whether they will bring an action as part of a IV-D child support case in non-public assistance cases where there is not a custody order in favor of the non-parent caretaker. |
| 6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
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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. |
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Response depends on case specific factors, but generally no.
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7. Income Withholding
| 1. What are specific sources of income not subject to withholding? |
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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. |
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Yes. Minn. Stat. Sect. 518A.53 subd. 5.
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| 2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
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No.
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| 2.2. What are the withholding limits for non-employees? |
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The withholding limits only apply when there is an employer-employee relationship
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| 3. 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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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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| 4. 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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| 5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
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Employer is required to begin withholding after receipt of the income withholding order.
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| 5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
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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.
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| 6. When must an employer remit amounts withheld from an employee's pay? |
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The employ must remit amounts withheld within seven business days from the date they pay the employee the remainder of the income.
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| 7. 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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| 7.1. 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 7 above.
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| 8. 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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| 8.1. 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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| 9. 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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| 9.1. 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. |
| Not applicable. |
| 10. 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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| 11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
| 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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Not applicable.
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| 13. When does your state require the employer to send notice of an employee's termination? |
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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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| 14. 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. |
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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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8. Distribution
| 1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain. |
| Yes. For assistance units that receive child support income where there is only 1 child in the unit, up to $100 of child support received is disregarded or passed through. For assistance units that receive child support income where there are 2 or more children in the unit, up to $200 of child support received is disregarded or passed through. This applies to arrears and current child support payments. This disregard is applied to the unit, not per child. |
| 2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain. |
| No. |
| 3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)? |
| State arrears first (PRWORA distribution). |
| 4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
| There is no difference in distribution for intergovernmental cases. |
| 4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states? |
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There is no difference in distribution for intergovernmental cases.
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9. Enforcement
| 1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
| Financial institution data match. |
| 2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
| An AEI request to Minnesota is processed through Minnesota's Central Registry. The requesting state sends an Interstate Transmittal #3 with a request for AEI assistance. The requesting state must certify the amount of the support delinquency, certify that the requesting state's procedural due process requirements for a levy have been met, and provide sufficient information to enable Minnesota to compare information about the cases. |
| 3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
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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? |
| Transunion, Equifax and Innovis. |
| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
| Administrative. |
| 6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
| Credit-reporting terminates automatically when the arrears balance equals $0.00 at the end of the previous month. |
| 7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| No. |
| 8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| No. |
| 9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| 10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| 11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
| 12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
| 13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
| Both. |
| 15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
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For Additional Information - No Link Provided |
| 16. Is the financial institution attachment process in your state centralized and/or automated? |
| The interface with financial institutions is automated and the attachment process initiated at the county level. |
| 17. What are the criteria to attach an account in a financial institution in your state? |
| 18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
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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. |
| If an initiating state is requesting a financial institution attachment, the order must be registered for enforcement in Minnesota or else the other state may utilize an AEI limited service request. See question 2 of the Enforcement section. |
| 20. Does your state's income withholding definition include amounts in financial institutions? |
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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? |
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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? |
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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. |
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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. |
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Not applicable
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| 25. What are the criteria for a noncustodial parent and/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.
For Additional Information - No Link Provided |
| 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 |
| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
|
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.
For Additional Information - No Link Provided |
| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
| 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. |
| 29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
| Yes. Minnesota has a limited license option that individuals can obtain one time in their life for 90 days after their license is suspended. |
| 30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
| 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. See Minn. Stat. Sect. 518A.66 and Minn. Stat. Sect. 214.01. |
| 31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
| 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. |
| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
| No. |
| 33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
| 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. |
| 34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
|
No.
For Additional Information - No Link Provided |
| 36. What are the criteria for initiating/filing a lien in your state? |
|
For Additional Information - No Link Provided |
| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
| Both. Judgments are docketed and entered by the court, however, judgments may be renewed by the child support agency without a court order. |
| 38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
|
Yes, it is a judicial process.
For Additional Information - No Link Provided |
| 39. Does your state have a 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. |
| Yes, administrative. |
| 40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
| Yes, lottery prizes equaling $600 or more. |
| 40.1. If yes, is this enforcement judicial, administrative, or both? |
| Administrative. |
| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
| Student grant hold. |
| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
| Civil contempt. |
10. Modification And Review/Adjustment
| 1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
|
Every two years, Minnesota provides a cost-of-living adjustment on open IV-D cases. Minnesota also sends a notice to case participants every three years information them of their right to request a review for modification.
For Additional Information - No Link Provided |
| 2. What is your state's modification procedure? Briefly describe. |
|
Review will be considered upon the request of a party to the order. Minn. Stat. Sect. 518A.39 provides for various criteria to be considered when conducting a review. The party may request the IV-D agency conduct a review or if the IV-D agency is not able to do the review, the party may choose to proceed on their own.
For Additional Information -
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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 |
| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
| Yes. |
| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
| Yes. |
| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
|
Yes.
For Additional Information - No Link Provided |
| 4.4. The cost of living has changed. |
| Yes. |
| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
| Yes. |
| 4.6. There has been a substantial change in childcare expenses. |
| Yes. |
| 4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
|
Paying parent become incarcerated, receipt of public assistance, or a change in custody and role reversals are all changes in circumstance that warrant a review and modification of the order.
For Additional Information - No Link Provided |
| 5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
| Yes. |
| 6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
|
Upon learning that the parent who owes support will be incarcerated for more than 180 calendar days, the IV-D agency must initiate a streamlined review and modification process.
For Additional Information - No Link Provided |
11. Lump Sum Payments
| 1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
|
Minn. Stat. Sect. 518A.53 subd. 11 defines a lump sum as $500 or more including, but not limited to, severance pay, accumulated sick pay, vacation pay, bonuses, commissions, or other pay or benefits.
For Additional Information -
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| 2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
|
Yes, see Minn. Stat. Sect. 518A.53 subd. 11.
For Additional Information -
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| 3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
| A child support worker who receives notice of a lump sum payment from an employer or workers compensation settlement, must serve the payor funds with a sworn affidavit or court order. The affidavit or court order must include: A statement that a judgment, entered pursuant to Minnesota Statutes section 548.091, subd. 1a, exists against the employee or that other support arrearages exist and remain unpaid; the current balance of the judgment or arrearage; and a notice that the payor of funds must pay to the Child Support Agency the lump sum amount or the total amount of the judgment and arrearages due, whichever is less. |
12. Cost Recovery And Fees
| 1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
| Yes, a IV-D case in Minnesota meets the criteria to pay the fee if all of the following are true: The obligee on the case is also the applicant; the case program code is nonpublic assistance; the case is not an interstate responding case; the obligee and the obligee's children do not currently receive public assistance; the children have not received Minnesota Family Investment Program (MFIP), Diversionary Work Program (DWP), or IV-E Foster Care (FCC) assistance in Minnesota for at least 24 months; and the children have not received Medical Assistance (MA) or Child Care Assistance (CCAP) in Minnesota for at least one month. |
| 1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
| The cost recovery fee is charged to the applicant. |
| 2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
| 3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
| 3.1. Is it retained by the state from support collected? |
| Yes. |
| 3.2. Is it paid by the individual applying for child support services? |
| 3.3. Is it recovered from the noncustodial parent? |
| 3.4. Is it paid by the state out of its state funds? |
13. Insurance Match
| 1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
|
No.
For Additional Information - No Link Provided |
| 2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program? |
| Arrears balance of at least $500. |
| 3. What process does your state use to intercept insurance payments? |
|
CSD generates a report of insurance matches received from the Child Support Portal and CSD staff will put an urgent note on the case for the worker to review and follow up with the potential payor of funds if appropriate.
For Additional Information - No Link Provided |
| 4. How does another state initiate and intercept collections from your state’s workers’ compensation agency? |
|
Workers compensation insurance is provided by private insurance companies and varies by employer. MN does not maintain a database of workers compensation insurance providers. Workers compensation benefits are paid by the provider.
For Additional Information - No Link Provided |
| 5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
| No. |
14. Family Violence
15. CSENet
| 1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
| Yes. |
| 2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
| Yes. |
| 3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).) |
| Yes. |
| 4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).) |
| Yes. |
| 5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
| Yes. |
| 6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
| Yes. |
16. Copies Of Orders And Payment Records
| 1. What are the procedures and associated costs for obtaining a certified copy of a court order? |
|
If there is an IV-D case, the maintaining county would provide a copy of the certified order. If no IVD case exists, then the other state would need to request the certified copy through the Minnesota Judicial Branch. See https://mncourts.gov/ for more information.
For Additional Information -
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| 2. What are the procedures and associated costs for obtaining a certified payment record? |
|
If there is or was an open IV-D case, the certified payment record would come from the maintaining county caseworker. If there has never been an open IV-D case, a certified payment record is not available.
For Additional Information - No Link Provided |
17. Uniform Interstate Family Support Act (UIFSA)
| 1. What is the statutory citation for your state's enactment of UIFSA? |
|
Minn. Stat. Sect.518C.
For Additional Information -
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| 2. How does your state define the tribunal (See UIFSA 103)? |
|
"Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
For Additional Information - No Link Provided |
| 3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically? |
| One. |
| 4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)? |
| Yes. |
18. International - Reciprocity
| 1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
| Bermuda. |
| 2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
| 3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
| Yes, they must be accepted as MN has adopted UIFSA Sect. 307 - Alternative A. |
19. International Information For Hague Convention Countries
| 1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).) |
|
Yes.
For Additional Information - No Link Provided |
| 2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically. |
| No. |
| 3. What methods of personal service does your state use? |
| Personal service may be effectuated by the sheriff or other public official as well as by a private contractor. |
| 4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.) |
|
Child expenses and cash medical support.
For Additional Information - No Link Provided |
| 5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe. |
| No, while Minnesota encourages amicable solutions between parents in all matters, these are not services the IV-D agency currently provides. |
| 6. What circumstances will cause your state to end child support before the normal duration? |
|
For Additional Information - No Link Provided |
20. International Payments
| 1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
| We currently send State of Minnesota warrants. We have not been contacted by any of the foreign/Hague Countries with a request or information on how to remit electronic payments or wires to their agency. |
| 2. What actions does your state take to reduce the costs and fees associated with international payment processing? |
| None. |
| 3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
| Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. We do and currently only receive wire payments from one foreign entity. The instructions are provided below. Please find bank account details to remit a wire payment to the Minnesota Child Support Division below. Please only send payments when your country and the state of Minnesota are working on a case together under the Hague Convention. Account Name: State of MN DHS Account Number: 104757767660 Bank Name: U.S. Bank Bank Address: 101 East Fifth St, Saint Paul, MN 55101 U.S. Bank SWIFT BIC code: USBKUS44IMT Sender Name: Remitter's name, 10 digit Minnesota case participant MCI number and/or 12 digit Minnesota case ID number. All funds should be remitted as USD. MN Child Support Division Contact: Contact Name: Kim Monita, Dawn Johnson Minnesota Child Support Payment Center PO Box 64326 St. Paul, MN 55164 Email: kimberly.monita@state.mn.us; dawn.m.johnson@state.mn.us Phone Number: +1-651-431-4884 Fax Number: +1-651-431-7469 |
21. Tribal Non IV-D
| 1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
| No. |
| 1.1. If yes, list the tribes and identify services provided, if less than full services. |
|
Not applicable.
For Additional Information - No Link Provided |
| 2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
| The state offices does not have a record of them. |
