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- 518A.26 Definitions .PDF DOC
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518A.26 Subd. 1. Terms.
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For the purposes of this chapter and
chapter 518, the terms defined in this
section shall have the meanings
respectively ascribed to them.
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518.003 Definitions
https://www.revisor.mn.gov/statutes/?id=518.003
- 518.003 Definitions .PDF DOC
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518A.26 Subd. 2. Apportioned veterans' benefits.
- "Apportioned veterans' benefits" means the amount the Veterans Administration
deducts from the veteran's award and disburses to the child or the child's representative
payee.
The apportionment of veterans' benefits shall be that determined by the Veterans
Administration and governed by Code of Federal Regulations, title 38, sections 3.450 to 3.458.
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518A.26 Subd. 3. Arrears.
- Arrears are amounts that accrue pursuant to an obligor's failure to comply with a support order.
Past support and pregnancy and confinement expenses contained in a support order are arrears
if the court order does not contain repayment terms.
Arrears also arise by the obligor's failure to comply with the terms of a court order for repayment
of past support or pregnancy and confinement expenses.
An obligor's failure to comply with the terms for repayment of amounts owed for past support or
pregnancy and confinement turns the entire amount owed into arrears.
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518A.26 Subd. 4. Basic support.
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"Basic support" means the basic support obligation computed
under section 518A.34.
Basic support includes the dollar amount ordered for a child's
housing, food, clothing, transportation, and education costs,
and other expenses relating to the child's care.
Basic support does not include monetary contributions for a child's
child care expenses and medical and dental expenses.
- 518A.34 Computation of Child Support Obligations
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KEY
WORDS
- obligation
- computed under
- section 518A.34.
- 518A.34 Computation of Child Support Obligations
XMind study map
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518A.26 Subd. 5. Child.
- "Child" means an individual under 18 years of age, an individual under
age 20 who is still attending secondary school, or an individual who, by
reason of physical or mental condition, is incapable of self-support.
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518A.26 Subd. 6. Deposit account.
- "Deposit account" means funds deposited with a financial
institution in the form of a savings account, checking account,
NOW account, or demand deposit account.
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518A.26 Subd. 7. Financial institution.
- "Financial institution" means a savings association, bank, trust company, credit union,
industrial loan and thrift company, bank and trust company, or savings association, and
includes a branch or detached facility of a financial institution.
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518A.26 Subd. 8. Gross income.
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"Gross income" means the gross income of the parent
calculated under section 518A.29.
- 518A.29 Calculation of Gross Income
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518A.26 Subd. 9. Income withholding only services.
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"Income withholding only services" means the services provided by the public authority to collect
payments pursuant to a support order but does not include other enforcement services provided
by the public authority for IV-D cases.
Notices required for income withholding under this section shall be initiated by the applicant for services.
An obligation for spousal maintenance under subdivision 21, paragraph (a), clause (3), is only eligible
for income withholding only services.
- WHAT ENFORCEMENT SERVICES
DOES THE PUBLIC AUTHORITY PROVIDE?
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518A.26 Subd. 10. IV-D case.
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"IV-D case" means a case where a party has assigned to the state
rights to child support because of the receipt of public assistance
as defined in section 256.741 or has applied for child support
services under title IV-D of the Social Security Act, United States Code,
title 42, section 654(4). An obligation for spousal maintenance under
subdivision 21, paragraph (a), clause (3), is not an IV-D case.
- ASSIGNED
http://www.xmind.net/m/einB/
- to the state
518A.26 Subd. 18. Public authority.
- WHO
IS?
- rights to
- child support
518A.26 Subd. 20. Support money; child support.
- because of the receipt of public assistance
- defined
in section 256.741
- 256.741 CHILD SUPPORT AND MAINTENANCE.
- OR
- has applied for
FREE WILL
JUST CAUSE
- child support services
518A.26 Subd. 9. Income withholding only services.
- under title IV-D
of the Social Security Act,
United States Code,
title 42, section 654(4).
- An obligation for spousal maintenance under
subdivision 21, paragraph (a), clause (3), is not an IV-D case.
- 256.741 CHILD SUPPORT AND MAINTENANCE.
- 256 HUMAN SERVICES
https://www.revisor.mn.gov/statutes/?id=256
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CAPACITY
"PARTY"
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518A.26 Subd. 11. Joint child.
- "Joint child" means the dependent child who is the child of both parents in the support
proceeding. In cases where support is sought from only one parent of a child, a joint child
is the child for whom support is sought.
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518A.26 Subd. 12. Nonjoint child.
- "Nonjoint child" means the legal child of one, but not both of the parents in the support proceeding.
Nonjoint child does not include stepchildren.
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518A.26 Subd. 13. Obligee.
- "Obligee" means a person to whom payments for maintenance or support are owed.
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518A.26 Subd. 14. Obligor.
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"Obligor" means a person obligated to pay maintenance or support.
A person who has primary physical custody of a child is presumed not to be an obligor for purposes of a
child support order under section 518A.34, unless section 518A.36, subdivision 3, applies or the court
makes specific written findings to overcome this presumption.
For purposes of ordering medical support under section 518A.41, a parent who has primary physical custody
of a child may be an obligor subject to a payment agreement under section 518A.69.
- unless section 518A.36, subdivision 3, applies
- OR
- **court makes specific written findings
to overcome this presumption.**
- ordering medical support under section 518A.41
- parent who has primary physical custody
of a child may be an obligor subject to a
- payment agreement under section 518A.69.
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518A.26 Subd. 18. Public authority.
- "Public authority" means the
local unit of government, acting on behalf of the state,
that is responsible for child support enforcement or the
Department of Human Services, Child Support Enforcement Division.
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518A.26 Subd. 15. Parental income for determining child support (PICS).
- "Parental income for determining child support," or "PICS," means gross income minus deductions for nonjoint
children allowed under section 518A.33.
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518A.26 Subd. 16. Payor of funds.
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"Payor of funds" means a person or entity that provides funds to an obligor, including an employer
as defined under chapter 24, section 3401(d), of the Internal Revenue Code, an independent contractor,
payor of workers' compensation benefits or unemployment insurance benefits, or a financial institution
as defined in section 13B.06.
-
OR
- UNEMPLOYMENT
PROGRAMS!
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518A.26 Subd. 17. Primary physical custody.
- The parent having "primary physical custody" means the parent who provides the primary
residence for a child and is responsible for the majority of the day-to-day decisions concerning a child.
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518A.26 Subd. 19. Social Security benefits.
- "Social Security benefits" means the monthly retirement, survivors, or disability insurance
benefits that the Social Security Administration provides to a parent for that parent's own
benefit or for the benefit of a joint child. Social Security benefits do not include Supplemental
Security Income benefits that the Social Security Administration provides to a parent for the
parent's own benefit or to a parent due to the disability of a child.
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518A.26 Subd. 20. Support money; child support.
- "Support money" or "child support" means an amount for basic support, child care support,
and medical support pursuant to:
(1) an award in a dissolution, legal separation, annulment, or parentage proceeding for
the care, support and education of any child of the marriage or of the parties to the
proceeding;
(2) a contribution by parents ordered under section 256.87; or
(3) support ordered under chapter 518B or 518C.
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518A.26 Subd. 21. Support order.
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(a) "Support order" means a judgment, decree, or order, whether temporary, final, or
subject to modification, issued by a court or administrative agency of competent jurisdiction:
(1) for the support and maintenance of a child, including a child who has attained the age
of majority under the law of the issuing state;
(2) for a child and the parent with whom the child is living, that provides for monetary
support, child care, medical support including expenses for confinement and pregnancy,
arrearages, or reimbursement; or
(3) for the maintenance of a spouse or former spouse.
(b) The support order may include related costs and fees, interest and penalties, income
withholding, and other relief. This definition applies to orders issued under this chapter and
chapters 256, 257, 518, and 518C.
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TIT 4 TAT
- 256
- 257
- 518
- 518C
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518A.26 Subd. 22. Survivors' and dependents' educational assistance.
- "Survivors' and dependents' educational assistance" are funds disbursed by the Veterans Administration under
United States Code, title 38, chapter 35, to the child or the child's representative payee.
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THIS XMind map was authorized by China Brown,
EXECUTIVE VICE PRESIDENT OF Lisa Stinocher O'Hanlon
on April 5, 2013,
- THIS MAP IS
EXHIBIT #4.N
district court of Olmsted County
file no. 55-F9-05-1712
-
For more AUTHORIZED mind maps visit:
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- All Minnesota Statutes are Copyright © 2012 by the
Office of the Revisor of Statutes, State of Minnesota.
All Rights Reserved.