You can apply for child support services through your county child support agency or you can get an application online. DHS 1958 Return the completed application to your county child support agency with a non-refundable $25.00 application fee.

When you apply for services, you also agree to pay a one percent cost recovery fee on your payments or on your obligation.

If the applicant at a later time would like the case closed, they may request that by completing and signing the Request To Close Case DHS 4060. If there are arrears owed for Public Assistance, that portion of the case will remain open until balance is paid in full.

Income Withholding Services Only is a non IV-D case and can be requested by completing Application for Non IV-D DHS 3164, which has a monthly fee of $15.00. No enforcement remedies will be initiated.

To obtain or enforce any type of order, the Child Support Office must notify the people involved. The Child Support Office cannot take action until the parties are located.

If the Child Support Office does not know the whereabouts of the people involved, there are many places to gather information:

Note: Families and acquaintances can usually provide the most current information. Please contact us at 218-384-9550 to update us with possible whereabouts of an individual.

Establishing legal parentage gives a child born outside of marriage the same legal rights as a child born to a marriage. Benefits can include: social security benefits, veteran benefits, inheritance rights, as well as the benefit of knowing their family medical, biological and cultural history. Either parent may request paternity establishment. DHS 1958 Application for Services

Establishment of parentage can be done several different ways:

Genetic Testing: the test will either exclude an alleged father or include with a 99% probability that the man is the father. Once genetic testing is completed, the father can sign a Recognition of Parentage or request a court hearing.

DHS 3159 - ROP Recognition of Parentage

Recognition of Parentage: this document must be signed by both parties, notarized, and filed with the Department of Health.

Adjudication through the Court: the alleged father becomes the child’s legal father. The court has the authority to declare an alleged father the child’s father.

DHS 3159A Being a Legal Father

Child support is determined using the guidelines established by Minnesota Statutes. Guidelines are based on monthly net income. The child support officer calculates support obligations and drafts moving papers. After the parties are served with the moving papers, the child support officer either sends a default order to the Child Support Magistrate for signature or sets the matter on the Court calendar for hearing (if requested by either party).

All court orders must address child support, medical support and child care costs.

Medical support can either be dependent health/dental insurance, an amount to be applied to the medical/dental expenses of the child, or an amount to be paid toward the cost of dependent insurance. The order must also address the division of uninsured medical/dental costs.

Child care support - the Court must address work or education related child care expenses. Each parent’s responsibility is determined using their income.

The Child Support Office works to enforce orders. Here is a list of some enforcement methods:

Income Withholding: If the Child Support agency is enforcing the Court Order, they will notify the Obligor’s employer and payor of funds to withhold the child support from the Obligor’s income.
IW - DHS 3177 Employer’s Guide

New Hire Reporting - Employers must report basic information to the Minnesota New Hire Reporting Center within 15 days on every newly hired employee.

Credit Bureau Reporting - The amount of arrears must be greater than or equal to 3 times the monthly accrual or $1 if no monthly accrual exists.

Driver’s License Suspension - A driver’s license may be suspended for non-payment of support if an Obligor’s arrears are equal to or greater than 3 months current support with a minimum of $500 per case or are not in compliance with a payment plan.

Occupational License Suspension - An occupational license may be suspended if an Obligor’s arrears are equal to or greater than 3 months current support with a minimum of $500 per case or are not in compliance with a payment plan.

Federal Tax Refund Intercept - Past due support can be collected from an Obligor’s federal tax refund if the past due amount of support is $150 on PA cases or $500 on NPA cases.

State Tax Refund Intercept - Past due support can be collected from an Obligor’s state income tax refund, property tax credit, renter’s rebate, sales tax rebate, and state lottery winnings. Arrears must be at least 30 days old, greater than the total monthly accruals on the case and at least $25.

Passport Denial - Deny passport application if the Obligor owes at least $5,000 past due in child support obligation and is not in compliance with a payment plan.

Recreational License Suspension - A recreational license can be suspended if the Obligor’s arrears are equal to or greater than 6 times the current support amount but at least $500.

Student Grant Hold - A student is ineligible for a grant if he/she is more than 30 days in arrears in support that is enforced by the Public Authority or not complying with a payment plan.

Financial Institution Data Match (FIDM) - A bank account can be levied against if an Obligor’s arrears are equal to or greater than 5 months current support but at least $100 per case if a case is arrears only.

Contempt of Court - The Court may find an Obligor in contempt of Court if there is an ability to pay but Obligor is not paying the court-ordered support obligation. This tool is used when all others fail and may result in the Obligor’s incarceration.

It is difficult to enforce orders when the Obligor lives in another state, but every state must provide child support services. Through the Uniform Interstate Family Support Act (UIFSA), interstate enforcement of child support, medical support, and child care obligations are improving. UIFSA includes laws that require states to establish/enforce support orders. If an employer operates in another state, the Child Support Office can send an Interstate Income withholding directly to the employer.

Office of Child Support Enforcement - Pull up each State’s Interstate Rules

Every support order must address income withholding. The full amount of the support order must be withheld from the income of the Obligor and forwarded to the Child Support Payment Center in St. Paul.

The court may waive income withholding if:

The Court finds good cause for waiving it

Both parties sign a written agreement for an alternative payment arrangement

If the Court waives income withholding, either party may at anytime request income withholding

Payments can be made by check, money order or electronic funds transfer. DHS 4117 Automatic Withdrawal. Once payment is received by the payment center, the funds are disbursed within 24 hours.

DHS 3371 Direct Deposit

DHS 4533 Reli Card

DHS 4583 Exception to Direct Deposit

Either parent may request that a child support officer review their support order. The Child Support Officer will complete the review and send moving papers to both parties. If neither party objects, the child support officer sends a default order to the Child Support Magistrate for signature and filing with the Court Administrator’s office. If either party does not agree with the moving papers, a hearing will be scheduled.

Orders may be modified upon a showing of one or more of the following:

A substantial increase or decrease in either parent’s earnings

A substantial increase or decrease in the needs of a child

Receipt of public assistance

Change in a child’s or parent’s cost of living

Extraordinary medical expenses of a child

Addition of work or education related child care expenses

It is presumed that there has been a substantial change in circumstances and the order is presumed to be unfair if:

Application of guidelines to current circumstances would result in an obligation amount that is at least 20% and at least $50.00 per month higher or lower than the current support order

Medical support provisions are not enforceable

Health coverage ordered is not available to the child

Current order is a percentage of income not a specified dollar amount

The parties may proceed on their own to initiate a modification action by obtaining pro se papers from the Court Administrator. Court Documents - www.courts.state.mn.us/ctforms

The party may also obtain legal counsel to initiate a modification on their behalf. The information must be served on all parties including the County Agency.

A party filing a motion is required to pay a fee. If eligible, the fee could be waived by submitting an Affidavit for In Forma Pauperis.

Links:

Notice of Motion and Motion to Modify Support

Affidavit of Service by Mail or in Person

In Forma Pauperis

When both parties agree in writing that certain language in child support, medical support or child care should be modified, a child support officer will draft an Agreement and Order. The parties and Assistant County Attorney will sign the document. This document will become a legal document once signed by the Child Support Magistrate and/or District Court Judge and has been filed with the Court Administrator.

Minnesota Child Support orders must state that a cost-of-living adjustment shall be done every two years.

These adjustments are based on the Consumer Price Index. Once notices are sent to the parties, the Obligor can request a hearing if he/she feels it is unfair and can prove he/she has not received a cost-of-living increase. The Courts can stop the increase. If no one disagrees, the adjustment happens automatically every other year on the first of May.

Links:

Notice of Motion to Stop COLA

Affidavit of Service

In Forma Pauperis

Under Minnesota Statute 256B.15

If a person receives Medical Assistance, upon the person’s death the amount of Medical Assistance paid shall be filed as a Claim against the estate of the deceased person. These claims against the estate are to reimburse the Medical Assistance program.

Exclusions:

• If a disabled child lives in the home.

• Individuals under the age of 55 at the time of death.(There are some exceptions.)

• If there is a surviving spouse at the time of death. (Claim will be filed after the spouse’s death.)

These claims take priority over a will and any wishes of the deceased.

Real Estate - At the time of Medical Assistance application, if there is real estate, a Medical Lien is placed on the property. At the time of death, the County may open a probate estate in order to sell the property and reimburse the Medical Assistance program. Any proceeds from the sale of the property that exceed the amount of Medical Assistance expended is distributed under the Court’s supervision to the appropriate beneficiaries.

The County Human Service Agency determines eligibility and the amount of benefits for individuals applying for child care assistance, medical assistance, food benefits, cash aid or emergency assistance. After benefits are issued, new information may indicate that there is a need to do a reassessment of eligibility and/or the benefit amount. A fraud investigation may be necessary when:

* An individual in the community files a report that they believe
   a public assistance recipient is not correctly reporting all their
   income, assets, residence, or household composition.

* Conflicting data is received from other government agencies.

The Welfare Fraud Investigator will conduct an investigation in order to obtain accurate information and data regarding the situation in question. The investigation may reveal unreported or incorrect reporting of income, assets, residence or household composition. This may result in the determination of overpayments of public assistance benefits and/or prosecution of fraudulently obtaining public assistance.

To report possible fraudulent activities contact (218) 384-9550, or (877) 400-9895.

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Carlton County Sexual & Domestic Abuse Program
Available 24-hours a day. Provides information on support groups and help for victims of domestic and sexual abuse.
1-218-384-8927
1-800-910-1810

Carlton County Public Health & Human Services is about strengthening families, protecting our children and our seniors, offering hope to those in crisis and making our community a stronger, safer & healthier place for all of us to live.