If I Am Receiving Public Assistance, Are There Other Things I Must Do?

Tue, 29 May 2007 21:19:00 GMT

If you are the custodial parent who is receiving public assistance, you must assign some or all of your child support to the state. Your county child support office will provide you with information about your specific situation.

If you receive child support directly from the noncustodial parent, you must report it to your county child support office If paternity needs to be established or the noncustodial parent needs to be located, you must cooperate with the child support office by providing correct information If you do not cooperate with the child support office`s action to establish paternity or child support, your public assistance benefits may be reduced unless you claim good cause. If the state makes a mistake and gives you more money than you are supposed to have, you must repay the state for the overpayment.

After I Apply, What Else Must I Do?

Tue, 29 May 2007 21:19:00 GMT

You must take an active role in your case. Cooperating with the child support office improves your chances of successful support establishment and collection. The child support office cannot succeed without your help. You must report changes that may affect your case. You must contact your county child support office if:

You or the other parent moves
You or the other parent gets a new phone number or job
The number of children living with you changes
You have new information that might help locate the other parent
You apply for public assistance
You are involved in other court actions regarding support payments

Can A Support Order Be Changed?

Tue, 29 May 2007 21:19:00 GMT

The two ways child support orders can be changed are through modification and through costofliving adjustments.

Modification
Either parent may request, in writing, that the child support office review the support order. The request should state reasons for the review. County child support office staff determines whether the existing order meets review requirements. If it does, the staff will complete the review and present the modification request to the court. If the requirements for a review are not met, the county child support office notifies the parent who requested the review. If the parent still wants a review, the parent can file a motion asking the court to review the order.

Support orders may be changed if there is:

A substantial increase or decrease in either parent`s earnings or
A substantial increase or decrease in the needs of a parent or child or
A change in a child`s or parent`s cost of living or
A change in custody and
Any of these changes makes the terms of the original order unreasonable or unfair

There is a substantial change in circumstances if:

Based on the noncustodial parent`s current income, changing the current order would result in a child support amount that is at least 20 percent and at least $50 higher or lower than the current order
Medical support provisions are not enforceable
Health coverage ordered is not available to the child for whom the order is established

The current order is for a percentage of income, not a fixed dollar amount. The court may also change support orders if there are:

Extraordinary medical expenses for the child
Changes in child care needs because of work or education needs of the custodial parent.

Cost of living adjustments
Since 1983, most Minnesota child support orders have stated that a cost of living adjustment must be done every two years.

If a child support office is collecting child support, it takes the necessary steps to obtain the cost of living adjustment in the child support order. Unless the noncustodial parent disagrees with the action, this adjustment automatically happens every other year on May 1.

How Are Most Support Payments Made?

Tue, 29 May 2007 21:19:00 GMT

In Minnesota, about 70 percent of all support payments are made through income withholding.

Income withholding
As of January 1, 1994, all new and modified child support orders must address income withholding. This means that if a noncustodial parent has been ordered to pay child support and is employed, the noncustodial parent`s employer must withhold the child support amount from the noncustodial parent`s paycheck. The employer can either mail that amount to the Child Support Payment Center in St. Paul or electronically transfer the funds to the state. The payment center`s mailing address is:

Minnesota Child Support Payment Center
P.O. Box 64306
St Paul, MN 551640306

Based on the number of times per month the employer withholds money, the custodial parent may receive child support weekly, biweekly, or monthly.

The court may waive income withholding only if:

There is no past due support
The court finds a reason for waiving it
Both parents agree
The court finds payments are likely to be regular and timely
The court finds that income withholding would not be in the best interests of the child

These payments can be paid by cash, check, money order, or electronic funds transfer. Employers and other state child support agencies may choose to use electronic funds transfer as a method of paying support.

How Can I Apply For Child Support Services?

Tue, 29 May 2007 21:19:00 GMT

If you are not receiving public assistance, you can apply for child support services through your county child support office. You will have to pay a onetime $25 application fee for these services.

If you are receiving public assistance and you are the custodial parent of a minor child whose other parent does not live in your home, you are automatically referred for child support services. You will not have to pay a fee.

How Can I Get Payment Information?

Tue, 29 May 2007 21:19:00 GMT

Call the Child Support Enforcement Division`s Payment Line at (651) 2155630 (metro) or (800) 6573512. Parents must use their personal identification number (PIN) to access this information. (The child support office assigns personal identification numbers.)

How Does The Payment Center Send Out The Support?

Tue, 29 May 2007 21:19:00 GMT

When the payment center sends money to a person or agency, it issues a state of Minnesota warrant (check) or transfers the money by electronic funds transfer. Custodial parents may choose to have support directly deposited into their banking accounts. The bank credits their accounts within two business days from the date of the transfer.

How Quickly Does The Payment Center Process Support Payments?

Tue, 29 May 2007 21:19:00 GMT

Staff at the payment center receipt payments Sunday through Friday. Within 24 hours of the time they receipt payments, they record the payments to the child support computer system. If support payments are not assigned to the state, the payment center sends most of them to the custodial parents the next working day.

If I Apply For Child Support Services, Do I Have Any Rights?

Tue, 29 May 2007 21:19:00 GMT

Yes. You have the right to:

Receive fair and nondiscriminatory treatment
Have all private data treated as confidential
Be notified of all important actions concerning your case
Have the opportunity to participate in any court action involving your case
Ask for reviews and adjustments of your support order

In Minnesota, can a Spouse Give Up His or Her Right to Alimony in a Premarital Agreement?

Sun, 12 Jul 2009 01:34:11 GMT

Minnesota statutes are silent on the inclusion of spousal support in premarital agreements. However, Minnesota courts have upheld the modification or elimination of spousal support if the provisions were substantively fair both at the time the agreement was executed and at the time it is enforced.

What Happens When A Parent Doesn't Pay Child Support?

Tue, 29 May 2007 21:19:00 GMT

When a parent does not meet the child support obligation, child support offices work to enforce the support order. Below is a list of some enforcement methods.

Credit bureau reporting
If a noncustodial parent owes at least $1,000 in past due child support, the child support office reports the delinquency to credit bureau agencies.

New hire reporting
Employers must report basic information about all their newly hired employees to the Minnesota New Hire Reporting Center. Employers must provide this information within 20 days of the day the employee starts work. Employers must also report when employees no longer work for them.

Each state`s child support computer system receives data provided through new hire reporting. Then child support office staff use the information to locate noncustodial parents and to establish or modify child support orders.

Driver`s license suspension
Driver`s licenses may be suspended for noncustodial parents who:

Are at least three months behind in paying their child support obligations
Are not in compliance with a payment plan
Before a driver`s license is suspended, the noncustodial parent is notified in writing.
The noncustodial parent then has 90 days to pay the past due balance in full or enter into a written payment plan with the child support office; otherwise, the license will be suspended.

Occupational license suspension
Noncustodial parents who are working in occupations that require a license from the state, county, or municipal board or agency (e.g., realtors, barbers, lawyers) may have their licenses suspended if they:

Are at least three months behind in paying their child support obligations
Are not in compliance with a payment plan

Noncustodial parents receive notice of a pending suspension and can request a hearing before the license is suspended.

Passport denial
Passport applications may be denied if noncustodial parents:

Are at least $5,000 past due in their child support obligations
Are not in compliance with a payment plan
The U.S. State Department reviews passport applicants to see if they owe past due child support.

Tax refund intercept
The child support office can collect past due child support from a noncustodial parent`s state income tax refund or property tax credit. It can also intercept federal income tax refunds and state lottery winnings.

Other income
If a noncustodial parent owes past due child support, the child support office may take periodic or lump sum payments the noncustodial parent receives from state or local agencies, including: reemployment insurance, workers` compensation, and lottery winnings. The child support office may also take assets held in financial institutions or in retirement funds.

Contempt of court
The court may find a noncustodial parent in contempt of court if the noncustodial parent has the ability to pay but is willfully not paying the child support obligations. This enforcement tool is used only when all others have failed.

What If The Noncustodial Parent Owes Support To A Number Of Custodial Parents?

Mon, 04 Jun 2007 21:51:22 GMT

If a noncustodial parent owes current child support to more than one custodial parent, the Child Support Payment Center sends a portion of each payment it receives to each custodial parent.

What Other Ways Can Be Used To Pay Support?

Tue, 29 May 2007 21:19:00 GMT

A noncustodial parent who does not pay child support through income withholding may set up automatic recurring withdrawal with a bank. Once the withdrawal is set up, the bank automatically withdraws the child support payments from the noncustodial parent`s checking account. Then the bank electronically sends the payment to the Child Support Payment Center.

What Steps are Necessary to Enter a Valid Premarital Agreement in Minnesota?

Sun, 12 Jul 2009 02:16:47 GMT

Minnesota law requires that antenuptial agreements be in writing, signed before two witnesses and notarized. A court will enforce a properly drafted antenuptial agreement if both parties were of legal age when it was executed, both parties made a fair and full disclosure of their property and earnings and both parties had the opportunity to consult with an independent attorney of their choice during the drafting and execution of the agreement. Any antenuptial agreement that involves real estate must be filed and recorded according to the same procedures as property deeds are filed and recorded.

Where Are Support Payments Sent?

Tue, 29 May 2007 21:19:00 GMT

The court may order that support payments are to be sent to the child support office. When this happens, payments should be sent to the Child Support Payment Center in St. Paul.The address is:

Minnesota Child Support Payment Center
P. O. Box 64326
St. Paul, MN 551640326

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