ST. PAUL – On Friday, May 9, the Minnesota House of Representatives passed Senate File 2712 – a bill that corrects a Minnesota Supreme Court decision by clarifying the standard of the crime of failure to pay court-ordered child support. The bill was co-authored by Rep. Kathy Lohmer (R-Stillwater) and passed the House unanimously. It now heads to Governor Dayton’s desk for his signature.
In February, the Minnesota Supreme Court issued a decision in State of Minnesota v. Larry Allen Nelson that a man who ignored years of demands to pay child support for his two kids could not be prosecuted. The court reasoned that while the father did not make the required child support payments, there is no proof he did not otherwise provide care for them. This individual owed 11 years worth of child support when he was convicted of a felony three years ago under the law that makes the failure to provide “care and support” a crime. The father maintained that while he did not pay child support, the prosecution did not prove he had failed to provide “care” for his children.
The Lohmer bill changes the language from “care and support” to “court-ordered support” to clearly reflect the legislative intent of the statute.
“Time was of the essence so I’m pleased we were able to pass this legislation this session so that children have the financial support they need,” said Lohmer. “With this loophole now closed, adults with children can no longer avoid the responsibility of paying child support because of a technicality.”
--30--