Subdivision 1. General. (a) The provision of services under the child support enforcement program that includes services by an attorney or an attorney's representative employed by, under contract to, or representing the public authority does not create an attorney-client relationship with any party other than the public authority. Attorneys employed by or under contract with the public authority have an affirmative duty to inform applicants and recipients of services under the child support enforcement program that no attorney-client relationship exists between the attorney and the applicant or recipient. This section applies to all legal services provided by the child support enforcement program.
(b) The written notice must inform the individual applicant or recipient of services that no attorney-client relationship exists between the attorney and the applicant or recipient; the rights of the individual as a subject of data under section 13.04, subdivision 2; and that the individual has a right to have an attorney represent the individual.
(c) Data disclosed by an applicant for, or recipient of, child support services to an attorney employed by, or under contract with, the public authority is private data on an individual. However, the data may be disclosed under section 13.46, subdivision 2, clauses (1) to (3) and (6) to (19), under subdivision 2, and in order to obtain, modify or enforce child support, medical support, and parentage determinations.
(d) An attorney employed by, or under contract with, the public authority may disclose additional information received from an applicant for, or recipient of, services for other purposes with the consent of the individual applicant for, or recipient of, child support services.
Subd. 2. Access to address for service of process. (a) If there is an IV-D case as defined in section 518A.26, a party may obtain an ex parte order under this subdivision. The party may obtain an ex parte order requiring the public authority to serve legal documents on the other party by mail if the party submits a sworn affidavit to the court stating that:
(1) the party needs to serve legal process in a support proceeding and does not have access to the address of the other party;
(2) the party has made reasonable efforts to locate the other party; and
(3) the other party is not represented by counsel.
(b) The public authority shall serve legal documents provided by the moving party at the last known address of the other party upon receipt of a court order under paragraph (a). The public authority shall provide for appropriate service and shall certify to all parties the date of service by mail. The public authority's proof of service must not include the place or address of service.
(c) The state court administrator shall prepare and make available forms for use in seeking access to an address under this subdivision.
1995 c 257 art 4 s 13; 2000 c 458 s 4; 2005 c 164 s 29; 1Sp2005 c 7 s 28
Structure Minnesota Statutes
Chapters 517 - 519A — Domestic Relations
Section 518A.26 — Definitions.
Section 518A.27 — Maintenance Or Support Money.
Section 518A.28 — Providing Income Information.
Section 518A.29 — Calculation Of Gross Income.
Section 518A.30 — Income From Self-employment Or Operation Of A Business.
Section 518A.31 — Social Security Or Veterans' Benefit Payments Received On Behalf Of The Child.
Section 518A.32 — Potential Income.
Section 518A.33 — Deduction From Income For Nonjoint Children.
Section 518A.34 — Computation Of Child Support Obligations.
Section 518A.35 — Guideline Used In Child Support Determinations.
Section 518A.36 — Parenting Expense Adjustment.
Section 518A.37 — Written Findings.
Section 518A.38 — Minor Children; Support.
Section 518A.39 — Modification Of Orders Or Decrees.
Section 518A.40 — Child Care Support.
Section 518A.41 — Medical Support.
Section 518A.42 — Ability To Pay; Self-support Adjustment.
Section 518A.43 — Deviations From Child Support Guidelines.
Section 518A.44 — Notice To Public Authority.
Section 518A.45 — Failure Of Notice.
Section 518A.47 — Provision Of Legal Services By The Public Authority.
Section 518A.48 — Sufficiency Of Notice.
Section 518A.49 — Assignment Of Rights; Judgment.
Section 518A.50 — Payment To Public Agency.
Section 518A.51 — Fees For Iv-d Services.
Section 518A.52 — Overpayments.
Section 518A.53 — Income Withholding.
Section 518A.54 — Child Support Payment Center; Definitions.
Section 518A.55 — Central Collections Unit.
Section 518A.56 — Mandatory Payment Of Obligations To Central Collections Unit.
Section 518A.57 — Notice Of Order.
Section 518A.58 — Escrow Account; Child Support; Maintenance Obligation.
Section 518A.59 — Notice Of Interest On Late Child Support.
Section 518A.60 — Collection; Arrears Only.
Section 518A.61 — Collection; Revenue Recapture.
Section 518A.62 — Child Support Debt And Arrearage Management.
Section 518A.64 — Administrative Seek Employment Orders.
Section 518A.65 — Driver's License Suspension.
Section 518A.66 — Occupational License Suspension.
Section 518A.67 — Motor Vehicle Lien.
Section 518A.68 — Recreational License Suspension.
Section 518A.685 — Consumer Reporting Agency; Reporting Arrears.
Section 518A.69 — Payment Agreements.
Section 518A.70 — Data On Suspensions For Support Arrears.
Section 518A.71 — Security; Sequestration; Contempt.
Section 518A.72 — Contempt Proceedings For Nonpayment Of Support.
Section 518A.73 — Employer Contempt.
Section 518A.735 — Enforcement Of Child Support.
Section 518A.74 — Publication Of Names Of Delinquent Child Support Obligors.
Section 518A.75 — Cost-of-living Adjustments In Maintenance Or Child Support Order.
Section 518A.76 — Case Reviewer.