To intervene or not to intervene, that is the question…
Theresa Farrell-Strauss, Senior Assistant Hennepin County Attorney
MCAA 6/10/16
Rules and Law
Family Court Procedure Expedited Process
Rule 360.Intervention
Rule 360.01County Agency
Subdivision 1.Intervention as a Matter of Right.
To the extent allowed by law, the county agency may, as a matter of right, intervene as a
party in any matter conducted in the expedited process. Intervention is accomplished by
serving upon all parties a notice of intervention by U.S. mail, or by electronic service under
Rule 14 upon parties who have agreed to or are required to accept electronic service under
Rule 14. The notice of intervention and affidavit of service shall be filed with the court. No
affidavit of service is required for electronic service upon parties who have agreed to accept
electronic service under Rule 14.
Subd. 2.Effective Date.
Intervention by the county agency is effective when the last person is served with the
notice of intervention.
(Amended effective July 1, 2015.) (Original rules were effective 7/1/2001)
Rules of General Practice District Court
Rule 24.Intervention
24.01Intervention of Right
Upon timely application anyone shall be permitted to intervene in an action when the
applicant claims an interest relating to the property or transaction which is the subject of the
action and the applicant is so situated that the disposition of the action may as a practical
matter impair or impede the applicant's ability to protect that interest, unless the applicant's
interest is adequately represented by existing parties.
24.03Procedure
A person desiring to intervene shall serve on all parties to the action and file a notice of
intervention which shall state that in the absence of objection by an existing party to the
action within 30 days after service thereof upon the party, such intervention shall be deemed
to have been accomplished. The notice of intervention shall be accompanied by a pleading
setting forth the nature and extent of every claim or defense as to which intervention is
sought and the reasons for the claim of entitlement to intervention. Within 30 days after
service upon the party seeking to intervene of a notice of objection to intervention, the party
shall serve a motion to intervene upon all parties as provided in Rule 5
.
Upon written consent of all parties to the action, anyone interested may intervene under
this rule without notice.
(Amended effective March 1, 1994)
Applicable Statutes
Minn.Stat.518A.49
(a) The public agency responsible for child support enforcement is joined as a party in
each case in which rights are assigned under section 256.741, subdivision 2
. The court
administrator shall enter and docket a judgment obtained by operation of law under section
548.091, subdivision 1, in the name of the public agency to the extent that the obligation has
been assigned. When arrearages are reduced to judgment under circumstances in which
section
548.091 is not applicable, the court shall grant judgment in favor of, and in the name
of, the public agency to the extent that the arrearages are assigned. After filing notice of an
assignment with the court administrator, who shall enter the notice in the docket, the public
agency may enforce a judgment entered before the assignment of rights as if the judgment
were granted to it, and in its name, to the extent that the arrearages in that judgment are
assigned.
(b) The public authority is a real party in interest in any IV-D case where there has been
an assignment of support. In all other IV-D cases, the public authority has a pecuniary
interest, as well as an interest in the welfare of the children involved in those cases. The
public authority may intervene as a matter of right in those cases to ensure that child support
orders are obtained and enforced which provide for an appropriate and accurate level of
child, medical, and child care support. If the public authority participates in an IV-D case
where the action taken by the public authority requires the use of an attorney's services, the
public authority shall be represented by an attorney consistent with the provisions in section
518A.47
.
Case Law
Kilpatrick v. Kilpatrick, 673 N.W.2d 528 (2004)
Facts: County brought an increase motion before a child support magistrate on behalf of
an obligee. The underlying order was a dissolution judgment and decree with child support
set for a sum certain and a percentage order for bonus income. The county sought a sum
certain for ease of collection, but did not intervene.
The magistrate did a calculation of support based on annual income and increased child
support to a sum certain. The obligor appealed the decision to the district court, the decision
was affirmed.
Issue: Did the county have standing to modify child support?
Analysis: Standing is a jurisdictional question to be determined by the court. A county
must have standing to make a motion to modify child support. A county has standing in a
IVD case, and is a “real party in interest” where there has been an assignment of support.
However, in this case, there was no public assistance. The court cited Rule 360.01, subd1,
which allowed the county to intervene. The court reasoned that bringing a motion wasn’t
enough, otherwise the intervention requirement would be eliminated.
Holding: The Count did not have standing to seek modification of child support,
therefore the magistrate did not have jurisdiction to hear the motion. The appellate court
reversed the district court’s order affirming the magistrate’s decision and vacated the
magistrate’s order.
Hoppe v. Hoppe, A04-1279 Court of Appeals Unpublished March 22, 2005
Facts: The obligor was ordered to pay child support in a judgment and decree of
dissolution. The county initiated a contempt action for non-payment of child support. At a
hearing on the contempt issue, the obligor contended the county was required to intervene in
order to have standing to seek a contempt order. The county moved to intervene, or
alternatively, for an order saying intervention was not required. The obligor objected.
The court granted the County’s motion to intervene. The court also ruled it had subject
matter jurisdiction over the proceedings. The obligor was found in constructive civil
contempt
Issue: Did the county have standing to pursue the contempt action?
Analysis: It was permissible for the court to grant the county’s intervention motion,
citing Kirkpatrick. The appellate court rejected the obligor’s motion that the contempt
motion was invalid because the county intervened after service of the contempt motion. The
court did say that intervention was required in order for the County to pursue contempt in
this non-public assistance case.
What do the rules and case law tell us?
We must be a named party or intervenor in every case we appear at in expedited process.
We must intervene to bring a contempt action.
We must be a named party or intervenor in a paternity action in which we are seeking relief.
We are a real party in interest in cases where there has been an assignment of support.
In Hennepin County, we intervene in
1) Self-represented parentage actions
a. We almost always intervene if it’s a IVD cases.
b. We often have to correct spellings of names or birthdates
c. We often have to add parties (husbands)
d. We often have to perfect service
e. We offer genetic testing
f. Problem issue: Custodial parents who have claimed good cause
2) In any file in which we are not a party for a hearing in expedited process
a. In other words, if we are appearing, we intervene.
b. In which cases do we appear?
i. Motions initiated by the county
ii. Cases where there is a drivers’ license issue
iii. Cases that are active in contempt ( the ncp has filed a modification
motion)
iv. Modification hearings for public assistance cases
v. Modification hearings for non-public assistance cases where the cp has
requested our appearance
vi. FIDM hearings
vii. Registration hearings
3) In any file in which we are not a party and we are bringing a contempt action in district
court
4) In a Judgment and decree of dissolution where the decree is silent on the birth of a child
that is the husband’s child
In Hennepin County, we do not intervene in pending dissolutions.
1) We serve a demand for notice that’s filed with the district court.
2) Mn. Statute 256.741, subd. 2
..Assignment of support and maintenance rights.
(a) An individual receiving public assistance in the form of assistance under any of
the following programs: the AFDC program formerly codified in sections 256.72 to
256.87, MFIP under chapter 256J, MFIP-R and MFIP formerly codified under
chapter 256, or work first program formerly codified under chapter 256K is
considered to have assigned to the state at the time of application all rights to child
support and maintenance from any other person the applicant or recipient may have
in the individual's own behalf or in the behalf of any other family member for whom
application for public assistance is made. An assistance unit is ineligible for the
Minnesota family investment program unless the caregiver assigns all rights to child
support and maintenance benefits according to this section.
(1) The assignment is effective as to any current child support and current
maintenance.
(2) Any child support or maintenance arrears that accrue while an individual is
receiving public assistance in the form of assistance under any of the programs listed
in this paragraph are permanently assigned to the state.
(3) The assignment of current child support and current maintenance ends on the date
the individual ceases to receive or is no longer eligible to receive public assistance
under any of the programs listed in this paragraph.
(b) An individual receiving public assistance in the form of medical assistance is
considered to have assigned to the state at the time of application all rights to medical
support from any other person the individual may have in the individual's own behalf
or in the behalf of any other family member for whom medical assistance is
provided.
(1) An assignment made after September 30, 1997, is effective as to any medical
support accruing after the date of medical assistance eligibility.
(2) Any medical support arrears that accrue while an individual is receiving public
assistance in the form of medical assistance are permanently assigned to the state.
(3) The assignment of current medical support ends on the date the individual ceases
to receive or is no longer eligible to receive public assistance in the form of medical
assistance.
(c) An individual receiving public assistance in the form of child care assistance
under the child care fund pursuant to chapter 119B is considered to have assigned to
the state at the time of application all rights to child care support from any other
person the individual may have in the individual's own behalf or in the behalf of any
other family member for whom child care assistance is provided.
(1) The assignment is effective as to any current child care support.
(2) Any child care support arrears that accrue while an individual is receiving public
assistance in the form of child care assistance under the child care fund in chapter
119B are permanently assigned to the state.
(3) The assignment of current child care support ends on the date the individual
ceases to receive or is no longer eligible to receive public assistance in the form of
child care assistance under the child care fund under chapter 119B.
Best Practices:
1) Educate private attorneys about the importance of working with us prior to
drafting stipulations
2) Educate the bench about IVD involvement
3) The ideal circumstance is when we can review and correct, if necessary,
proposed stipulations
4) Every day, we know what cases are on the docket, what the purpose of the
hearing is, and whether we need to be involved.
5) We have a county attorney designated as the court officer of the day to handle these
miscellaneous hearings
6) We appear and can provide DEED or other information to the court and parties.
7) We sign off on stipulations in advance of hearings when possible.
8) If there is no agreement, we participate in contested proceedings
What are the possible downsides of not intervening?
1) If we are given notice of the proceeding and do not appear, we could be stuck with the
decision
2) It’s more work to correct a problem after the fact than to be involved from the
beginning
