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HF 1321

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to civil law; reforming and recodifying the 
  1.3             law relating to marriage dissolution, child custody, 
  1.4             child support, maintenance, and property division; 
  1.5             changing a fee; making style and form changes; 
  1.6             appropriating money; amending Minnesota Statutes 2004, 
  1.7             sections 357.021, by adding a subdivision; 518.002; 
  1.8             518.003, subdivisions 1, 3; 518.005; 518.01; 518.02; 
  1.9             518.03; 518.04; 518.05; 518.055; 518.06; 518.07; 
  1.10            518.09; 518.091, subdivision 1; 518.10; 518.11; 
  1.11            518.12; 518.13; 518.131; 518.14, subdivision 1; 
  1.12            518.148; 518.155; 518.156; 518.157, subdivisions 1, 2, 
  1.13            3, 5, 6; 518.165; 518.166; 518.167, subdivisions 3, 4, 
  1.14            5; 518.168; 518.17, subdivisions 1, 2; 518.1705, 
  1.15            subdivisions 2, 4, 6, 7, 8, 9; 518.175; 518.1751, 
  1.16            subdivisions 1b, 2, 2a, 2b, 2c, 3; 518.1752; 518.176; 
  1.17            518.177; 518.178; 518.179, subdivision 1; 518.18; 
  1.18            518.191, subdivision 1; 518.195, subdivisions 2, 3; 
  1.19            518.24; 518.25; 518.27; 518.54, subdivisions 1, 5, 6, 
  1.20            7, 8; 518.55; 518.552; 518.58; 518.581; 518.582; 
  1.21            518.612; 518.619; 518.62; 518.64, subdivisions 1, 2, 
  1.22            by adding a subdivision; 518.641; 518.642; 518.646; 
  1.23            518.65; 518.68, subdivision 1; 519.11, subdivision 1; 
  1.24            proposing coding for new law as Minnesota Statutes, 
  1.25            chapters 517A; 517B; 517C; repealing Minnesota 
  1.26            Statutes 2004, sections 518.111; 518.14, subdivision 
  1.27            2; 518.17, subdivisions 1a, 3, 6; 518.171; 518.185; 
  1.28            518.24; 518.255; 518.54, subdivisions 2, 4a, 13, 14; 
  1.29            518.55, subdivision 4; 518.551, subdivisions 1, 5, 5a, 
  1.30            5b, 5c, 5d, 5e, 5f, 6, 7, 9, 11, 12, 13, 13a, 14, 15; 
  1.31            518.5513; 518.553; 518.57; 518.575; 518.585; 518.5851; 
  1.32            518.5852; 518.5853; 518.61; 518.6111; 518.614; 
  1.33            518.615; 518.616; 518.617; 518.618; 518.6195; 
  1.34            518.6196; 518.62; 518.64, subdivisions 4, 4a, 5; 
  1.35            518.68.  
  1.36  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.37                             ARTICLE 1 
  1.38       MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT 
  1.39     Section 1.  Minnesota Statutes 2004, section 357.021, is 
  1.40  amended by adding a subdivision to read: 
  2.1      Subd. 8.  [MARITAL DISSOLUTION FEE.] (a) The court 
  2.2   administrator shall collect in each proceeding in the district 
  2.3   seeking a dissolution of a marriage or a legal separation, in 
  2.4   the manner in which other fees are collected, a marital 
  2.5   dissolution fee in the amount of $25 from: 
  2.6      (1) the petitioner instituting the marital dissolution or 
  2.7   legal separation, to be collected at the time of the filing of 
  2.8   the first paper; and 
  2.9      (2) the respondent who appears, to be collected at the time 
  2.10  of the filing of the first paper by the respondent or at the 
  2.11  time when the respondent's appearance is entered in the case. 
  2.12     (b) The court administrator shall forward the marital 
  2.13  dissolution fee to the commissioner of finance for deposit in 
  2.14  the general fund. 
  2.15     (c) This subdivision sunsets June 30, 2007. 
  2.16     [EFFECTIVE DATE.] This section is effective July 1, 2006. 
  2.17     Sec. 2.  [517A.29] [SIX-MONTH REVIEW.] 
  2.18     (a) A request for a six-month review hearing form must be 
  2.19  attached to a decree of dissolution or legal separation or an 
  2.20  order that initially establishes child custody, parenting time, 
  2.21  or support rights and obligations of parents.  The state court 
  2.22  administrator is requested to prepare the request for review 
  2.23  hearing form.  The form must include information regarding the 
  2.24  procedures for requesting a hearing, the purpose of the hearing, 
  2.25  and any other information regarding a hearing under this section 
  2.26  that the state court administrator deems necessary. 
  2.27     (b) The six-month review hearing shall be held if any party 
  2.28  submits a written request for a hearing within six months after 
  2.29  entry of a decree of dissolution or legal separation or order 
  2.30  that establishes child custody, parenting time, or support. 
  2.31     (c) Upon receipt of a completed request for hearing form, 
  2.32  the court administrator shall provide notice of the hearing to 
  2.33  all other parties and the public authority. 
  2.34     (d) At the six-month hearing, the court must review: 
  2.35     (1) whether child support is current; and 
  2.36     (2) whether both parties are complying with the parenting 
  3.1   time provisions of the order. 
  3.2      (e) At the six-month hearing, the obligor has the burden to 
  3.3   present evidence to establish that child support payments are 
  3.4   current.  A party may request that the public authority provide 
  3.5   information to the parties and court regarding child support 
  3.6   payments.  A party must request the information from the public 
  3.7   authority at least 14 days before the hearing.  The commissioner 
  3.8   of human services must develop a form to be used by the public 
  3.9   authority to submit child support payment information to the 
  3.10  parties and court. 
  3.11     (f) Contempt of court and all statutory remedies for child 
  3.12  support and parenting time enforcement may be imposed by the 
  3.13  court at the six-month hearing for noncompliance by either party 
  3.14  pursuant to chapters 517C and 588 and the Minnesota Court Rules. 
  3.15     Sec. 3.  [517A.36] [MAINTENANCE PAYMENT ENFORCEMENT.] 
  3.16     (a) Except as provided in paragraph (b), the enforcement 
  3.17  requirements and procedures in chapter 517C apply to a 
  3.18  maintenance obligation, including a maintenance obligation that 
  3.19  is or was combined with a child support obligation and is part 
  3.20  of a support order as defined in section 517A.02, subdivision 14.
  3.21     (b) The enforcement requirements and procedures in sections 
  3.22  517C.04; 517C.10, subdivisions 1, 2, and 5; 517C.12, subdivision 
  3.23  4; 517C.13; 517C.22; 517C.23; 517C.27; 517C.28; 517C.30; 
  3.24  517C.63; 517C.73; 517C.80; and 517C.84, do not apply to a 
  3.25  maintenance obligation whether or not the obligation is or was 
  3.26  combined with a child support obligation. 
  3.27     Sec. 4.  Minnesota Statutes 2004, section 518.002, is 
  3.28  amended to read: 
  3.29     518.002 [MEANING OF DIVORCE.] 
  3.30     Wherever the word "Divorce" is, as used in the statutes, it 
  3.31  has the same meaning as "dissolution" or "dissolution of 
  3.32  marriage."  
  3.33     Sec. 5.  Minnesota Statutes 2004, section 518.003, 
  3.34  subdivision 1, is amended to read: 
  3.35     Subdivision 1.  [SCOPE.] For the purposes of The 
  3.36  definitions in this section apply to this chapter, the following 
  4.1   terms have the meanings provided in this section unless the 
  4.2   context clearly requires otherwise.  
  4.3      Sec. 6.  Minnesota Statutes 2004, section 518.003, 
  4.4   subdivision 3, is amended to read: 
  4.5      Subd. 3.  [CUSTODY.] Unless otherwise agreed by the parties:
  4.6      (a) "Legal custody" means the right to determine the 
  4.7   child's upbringing, including education, health care, and 
  4.8   religious training.  
  4.9      (b) "Joint legal custody" means that both parents have 
  4.10  equal rights and responsibilities, including the right to 
  4.11  participate in major decisions determining the child's 
  4.12  upbringing, including education, health care, and religious 
  4.13  training.  
  4.14     (c) "Physical custody and residence" means the routine 
  4.15  daily care and control and the residence of the child.  
  4.16     (d) "Joint physical custody" means that the routine daily 
  4.17  care and control and the residence of the child is structured 
  4.18  between the parties.  Joint physical custody does not require an 
  4.19  equal division of time between the parties.  
  4.20     (e) Wherever used in this chapter, the term "custodial 
  4.21  parent" or "custodian" means the person who has the physical 
  4.22  custody of the child at any particular time.  
  4.23     (f) "Custody determination" means a court decision and 
  4.24  court orders and instructions providing for the custody of a 
  4.25  child, including parenting time, but does not include a decision 
  4.26  relating to child support or any other monetary obligation of 
  4.27  any person.  
  4.28     (g) "Custody proceeding" includes proceedings in which a 
  4.29  custody determination is one of several issues, such as an 
  4.30  action for dissolution, divorce, or separation, and includes 
  4.31  proceedings involving children who are in need of protection or 
  4.32  services, domestic abuse, and paternity. 
  4.33     Sec. 7.  Minnesota Statutes 2004, section 518.005, is 
  4.34  amended to read: 
  4.35     518.005 [RULES GOVERNING PROCEEDINGS.] 
  4.36     Subdivision 1.  [APPLICABLE.] Unless otherwise specifically 
  5.1   provided, the Rules of Civil Procedure for the district court 
  5.2   apply to all proceedings under this chapter and chapters 517B 
  5.3   and 517C. 
  5.4      Subd. 2.  [TITLE.] A proceeding for dissolution of 
  5.5   marriage, legal separation, or annulment shall must be entitled 
  5.6   "In re the Marriage of .......... and .......... ."  A custody 
  5.7   or support proceeding shall be entitled "In re the (Custody) 
  5.8   (Support) of .......... ." 
  5.9      Subd. 3.  [NAMES OF PLEADINGS.] The initial pleading in all 
  5.10  proceedings under sections 518.002 to 518.66 shall this chapter 
  5.11  and chapters 517B and 517C must be denominated a petition.  A 
  5.12  responsive pleading shall must be denominated an answer.  Other 
  5.13  pleadings shall must be denominated as provided in the Rules of 
  5.14  Civil Procedure. 
  5.15     Subd. 4.  [DECREE; JUDGMENT.] In sections 518.002 to 518.66 
  5.16  this chapter and chapters 517B and 517C, "decree" includes 
  5.17  "judgment." 
  5.18     Subd. 5.  [PROHIBITED DISCLOSURE.] In all proceedings under 
  5.19  this chapter and chapters 517B and 517C in which public 
  5.20  assistance is assigned under section 256.741 or the public 
  5.21  authority provides services to a party or parties to the 
  5.22  proceedings, notwithstanding statutory or other authorization 
  5.23  for the public authority to release private data on the location 
  5.24  of a party to the action, information on the location of one 
  5.25  party may not be released by the public authority to the other 
  5.26  party if: 
  5.27     (1) the public authority has knowledge that a protective 
  5.28  order with respect to the other party has been entered; or 
  5.29     (2) the public authority has reason to believe that the 
  5.30  release of the information may result in physical or emotional 
  5.31  harm to the other party. 
  5.32     Subd. 6.  [REQUIRED NOTICE.] Every court order or judgment 
  5.33  and decree that provides for child support, spousal maintenance, 
  5.34  custody, or parenting time must contain the notices required by 
  5.35  section 517C.99. 
  5.36     Sec. 8.  Minnesota Statutes 2004, section 518.01, is 
  6.1   amended to read: 
  6.2      518.01 [VOID MARRIAGES.] 
  6.3      All marriages which are A marriage prohibited by section 
  6.4   517.03 shall be absolutely is void, without any decree of 
  6.5   dissolution or other legal proceedings; except if a person whose 
  6.6   husband or wife has been absent for four successive years, 
  6.7   without being known to the person to be living during that time, 
  6.8   marries during the lifetime of the absent husband or wife, the 
  6.9   subsequent marriage shall be is void only from the time that its 
  6.10  nullity is duly adjudged.  If the absentee is declared dead in 
  6.11  accordance with section 576.142, the subsequent marriage shall 
  6.12  is not be void. 
  6.13     Sec. 9.  Minnesota Statutes 2004, section 518.02, is 
  6.14  amended to read: 
  6.15     518.02 [VOIDABLE MARRIAGES.] 
  6.16     A marriage shall must be declared a nullity under the 
  6.17  following circumstances if: 
  6.18     (a) (1) a party lacked capacity to consent to the marriage 
  6.19  at the time the marriage was solemnized, either because of:  (i) 
  6.20  mental incapacity or infirmity and if the other party at the 
  6.21  time the marriage was solemnized did not know of the incapacity; 
  6.22  or because of (ii) the influence of alcohol, drugs, or other 
  6.23  incapacitating substances; or because (iii) consent of either 
  6.24  was party having been obtained by force or fraud and there was 
  6.25  with no subsequent voluntary cohabitation of the parties; 
  6.26     (b) (2) a party lacks the physical capacity to consummate 
  6.27  the marriage by sexual intercourse and the other party at the 
  6.28  time the marriage was solemnized did not know of the incapacity; 
  6.29  or 
  6.30     (c) (3) a party was under the age for marriage established 
  6.31  by section 517.02, except as otherwise provided by section 
  6.32  517A.10. 
  6.33     Sec. 10.  Minnesota Statutes 2004, section 518.03, is 
  6.34  amended to read: 
  6.35     518.03 [ACTION TO ANNUL; DECREE.] 
  6.36     An annulment shall must be commenced and, the complaint 
  7.1   shall be filed, and proceedings had as in proceedings for 
  7.2   dissolution.  Upon due proof of the nullity of the marriage, it 
  7.3   shall the marriage must be adjudged null and void. 
  7.4      The provisions of sections 518.54 to 518.66 this chapter 
  7.5   and chapters 517B and 517C relating to property rights of the 
  7.6   spouses, maintenance, support, and custody of children on 
  7.7   dissolution of marriage are applicable to proceedings for 
  7.8   annulment. 
  7.9      Sec. 11.  Minnesota Statutes 2004, section 518.04, is 
  7.10  amended to read: 
  7.11     518.04 [INSUFFICIENT GROUNDS FOR ANNULMENT.] 
  7.12     No marriage shall may be adjudged a nullity on the ground 
  7.13  that one of the parties was under the age of legal consent if it 
  7.14  appears that the parties had voluntarily cohabited together as 
  7.15  husband and wife after having attained such that age; nor 
  7.16  shall.  The marriage of any an insane person must not be 
  7.17  adjudged void after restoration of the insane person to reason, 
  7.18  if it appears that the parties freely cohabited together as 
  7.19  husband and wife after such the restoration to reason.  
  7.20     Sec. 12.  Minnesota Statutes 2004, section 518.05, is 
  7.21  amended to read: 
  7.22     518.05 [ANNULMENT; WHEN TO BRING.] 
  7.23     An annulment may be sought by any of the following persons 
  7.24  and must be commenced within the times specified, but in no 
  7.25  event may an annulment be sought after the death of either party 
  7.26  to the marriage: 
  7.27     (a) for a reason set forth in (1) under section 518.02, 
  7.28  clause (a) (1), by either party or by the legal representative 
  7.29  of the party who lacked capacity to consent, no later than 90 
  7.30  days after the petitioner obtained knowledge of the described 
  7.31  condition; 
  7.32     (b) for the reason set forth in (2) under section 518.02, 
  7.33  clause (b) (2), by either party no later than one year after the 
  7.34  petitioner obtained knowledge of the described condition; 
  7.35     (c) for the reason set forth in (3) under section 518.02, 
  7.36  clause (c) (3), by the underaged party, or the party's parent or 
  8.1   guardian, before the time the underaged party reaches the age at 
  8.2   which the party could have married without satisfying the 
  8.3   omitted requirement. 
  8.4      Sec. 13.  Minnesota Statutes 2004, section 518.055, is 
  8.5   amended to read: 
  8.6      518.055 [PUTATIVE SPOUSE.] 
  8.7      Any person who has cohabited with another to whom the 
  8.8   person is not legally married in the good faith belief that the 
  8.9   person was married to the other is a putative spouse until 
  8.10  knowledge of the fact that the person is not legally married 
  8.11  terminates the status and prevents acquisition of further 
  8.12  rights.  A putative spouse acquires the rights conferred upon a 
  8.13  legal spouse, including the right to maintenance following 
  8.14  termination of the status, whether or not the marriage is 
  8.15  prohibited or declared a nullity.  If there is a legal spouse or 
  8.16  other putative spouses, rights acquired by a putative spouse do 
  8.17  not supersede the rights of the legal spouse or those acquired 
  8.18  by other putative spouses, but the court shall must apportion 
  8.19  property, maintenance, and support rights among the claimants as 
  8.20  appropriate in the circumstances and in the interests of justice.
  8.21     Sec. 14.  Minnesota Statutes 2004, section 518.06, is 
  8.22  amended to read: 
  8.23     518.06 [DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS; 
  8.24  UNCONTESTED LEGAL SEPARATION.] 
  8.25     Subdivision 1.  [MEANING AND EFFECT OF DECREES; GROUNDS.] A 
  8.26  dissolution of marriage is the termination of the marital 
  8.27  relationship between a husband and wife.  A decree of 
  8.28  dissolution completely terminates the marital status of both 
  8.29  parties.  A legal separation is a court determination of the 
  8.30  rights and responsibilities of a husband and wife arising out of 
  8.31  the marital relationship.  A decree of legal separation does not 
  8.32  terminate the marital status of the parties.  
  8.33     A dissolution of a marriage shall must be granted by a 
  8.34  county or district court when if the court finds that there has 
  8.35  been an irretrievable breakdown of the marriage relationship.  A 
  8.36  decree of legal separation shall must be granted when if the 
  9.1   court finds that one or both parties need a legal separation.  
  9.2      Defenses to divorce, dissolution and legal separation, 
  9.3   including, but not limited to, condonation, connivance, 
  9.4   collusion, recrimination, insanity, and lapse of time, are 
  9.5   abolished. 
  9.6      Subd. 3.  [UNCONTESTED LEGAL SEPARATION.] If one or both 
  9.7   parties petition for a decree of legal separation and neither 
  9.8   party contests the granting of the decree nor petitions for a 
  9.9   decree of dissolution, the court shall must grant a decree of 
  9.10  legal separation.  
  9.11     Sec. 15.  Minnesota Statutes 2004, section 518.07, is 
  9.12  amended to read: 
  9.13     518.07 [RESIDENCE OF PARTIES.] 
  9.14     No A dissolution shall must not be granted unless (1) one 
  9.15  of the parties has resided in this state, or has been a member 
  9.16  of the armed services stationed in this state, for not less than 
  9.17  at least 180 days immediately preceding the commencement of the 
  9.18  proceeding; or (2) one of the parties has been a domiciliary of 
  9.19  this state for not less than at least 180 days immediately 
  9.20  preceding commencement of the proceeding.  
  9.21     Sec. 16.  Minnesota Statutes 2004, section 518.09, is 
  9.22  amended to read: 
  9.23     518.09 [PROCEEDING; HOW AND WHERE BROUGHT; VENUE.] 
  9.24     A proceeding for dissolution or legal separation may be 
  9.25  brought by either or both spouses and shall be is commenced by 
  9.26  personal service of the summons and petition venued in the 
  9.27  county where either spouse resides.  No summons is required if a 
  9.28  joint petition is filed.  If neither party resides in the state 
  9.29  and jurisdiction is based on the domicile of either 
  9.30  spouse party, the proceeding may be brought in the county where 
  9.31  either party is domiciled.  If neither party resides or is 
  9.32  domiciled in this state and jurisdiction is premised upon one of 
  9.33  the parties being a member of the armed services stationed in 
  9.34  this state for not less than 180 days immediately preceding the 
  9.35  commencement of the proceeding, the proceeding may be brought in 
  9.36  the county where the member is stationed.  This venue shall be 
 10.1   is subject to the court's power of the court to change the place 
 10.2   of hearing by consent of the parties, or when if it appears to 
 10.3   the court that an impartial hearing cannot be had in the county 
 10.4   where the proceedings are pending, or when if the convenience of 
 10.5   the parties or the ends of justice would be promoted by the 
 10.6   change.  No summons shall be required if a joint petition is 
 10.7   filed. 
 10.8      Sec. 17.  Minnesota Statutes 2004, section 518.091, 
 10.9   subdivision 1, is amended to read: 
 10.10     Subdivision 1.  [TEMPORARY RESTRAINING ORDERS.] (a) Every 
 10.11  summons must include the notice in this subdivision. 
 10.12      NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE 
 10.13                       RESOLUTION PROVISIONS 
 10.14     UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE 
 10.15  FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, 
 10.16  UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS 
 10.17  DISMISSED: 
 10.18     (1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR 
 10.19  THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF 
 10.20  INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN 
 10.21  WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO 
 10.22  CONTEST THIS PROCEEDING; 
 10.23     (2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND 
 10.24     (3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE 
 10.25  MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR 
 10.26  BENEFICIARY DESIGNATION. 
 10.27     IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT 
 10.28  TO SANCTIONS BY THE COURT.  
 10.29     (4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE 
 10.30  ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO 
 10.31  MINNESOTA LAW.  ALTERNATIVE DISPUTE RESOLUTION INCLUDES 
 10.32  MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE 
 10.33  DISTRICT COURT RULES.  YOU MAY CONTACT THE COURT ADMINISTRATOR 
 10.34  ABOUT RESOURCES IN YOUR AREA.  IN SOME COUNTIES, IF YOU CANNOT 
 10.35  PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME 
 10.36  COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT 
 11.1   PROVIDER OR A COURT PROGRAM.  IF YOU ARE A VICTIM OF DOMESTIC 
 11.2   ABUSE OR THREATS OF ABUSE AS DEFINED IN MINNESOTA STATUTES, 
 11.3   CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY MEDIATION AND YOU WILL 
 11.4   NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS.  
 11.5      (b) Upon service of the summons, the restraining provisions 
 11.6   contained in the notice apply by operation of law upon both 
 11.7   parties until modified by further order of the court or 
 11.8   dismissal of the proceeding, unless more than one year has 
 11.9   passed since the last document was filed with the court. 
 11.10     Sec. 18.  Minnesota Statutes 2004, section 518.10, is 
 11.11  amended to read: 
 11.12     518.10 [REQUISITES OF PETITION.] 
 11.13     The A petition for dissolution of marriage or legal 
 11.14  separation shall must state and allege: 
 11.15     (a) (1) the name, address, and, in circumstances in which 
 11.16  child support or spousal maintenance will be addressed, Social 
 11.17  Security number of the petitioner and any prior or other name 
 11.18  used by the petitioner; 
 11.19     (b) (2) the name and, if known, the address and, in 
 11.20  circumstances in which child support or spousal maintenance will 
 11.21  be addressed, Social Security number of the respondent and any 
 11.22  prior or other name used by the respondent and known to the 
 11.23  petitioner; 
 11.24     (c) (3) the place and date of the marriage of the parties; 
 11.25     (d) (4) in the case of a petition for dissolution, that 
 11.26  either the petitioner or the respondent or both:  
 11.27     (1) (i) has resided in this state for not less than 180 
 11.28  days immediately preceding the commencement of the proceeding, 
 11.29  or; 
 11.30     (2) (ii) has been a member of the armed services and has 
 11.31  been stationed in this state for not less than 180 days 
 11.32  immediately preceding the commencement of the proceeding,; or 
 11.33     (3) (iii) has been a domiciliary of this state for not less 
 11.34  than 180 days immediately preceding the commencement of the 
 11.35  proceeding; 
 11.36     (e) (5) the name at the time of the petition and any prior 
 12.1   or other name, Social Security number, age, and date of birth of 
 12.2   each living minor or dependent child of the parties born before 
 12.3   the marriage or born or adopted during the marriage and a 
 12.4   reference to, and the expected date of birth of, a child of the 
 12.5   parties conceived during the marriage but not born; 
 12.6      (f) (6) whether or not a separate proceeding for 
 12.7   dissolution, legal separation, or custody is pending in a court 
 12.8   in this state or elsewhere; 
 12.9      (g) (7) in the case of a petition for dissolution, that 
 12.10  there has been an irretrievable breakdown of the marriage 
 12.11  relationship; 
 12.12     (h) (8) in the case of a petition for legal separation, 
 12.13  that there is a need for a decree of legal separation; 
 12.14     (i) (9) any temporary or permanent maintenance, child 
 12.15  support, child custody, disposition of property, attorneys' 
 12.16  fees, costs and disbursements applied for without setting forth 
 12.17  the amounts; and 
 12.18     (j) (10) whether an order for protection under chapter 518B 
 12.19  or a similar law of another state that governs the parties or a 
 12.20  party and a minor child of the parties is in effect and, if so, 
 12.21  the district court or similar jurisdiction in which it was 
 12.22  entered. 
 12.23     The petition shall must be verified by the petitioner or 
 12.24  petitioners, and its allegations established by competent 
 12.25  evidence. 
 12.26     Sec. 19.  Minnesota Statutes 2004, section 518.11, is 
 12.27  amended to read: 
 12.28     518.11 [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 
 12.29     (a) Unless a proceeding is brought by both parties, copies 
 12.30  of the summons and petition shall must be served on the 
 12.31  respondent personally.  
 12.32     (b) When Service is made out of this state and within the 
 12.33  United States, it may be proved by the affidavit of the person 
 12.34  making the same service.  When Service is made without 
 12.35  outside of the United States it may be proved by the affidavit 
 12.36  of the person making the same service, taken before and 
 13.1   certified: 
 13.2      (1) by any United States minister, charge d'affaires, 
 13.3   commissioner, consul or commercial agent, or other consular or 
 13.4   diplomatic officer of the United States appointed to reside 
 13.5   in such the country, including all deputies a deputy or other 
 13.6   representatives representative of such the officer authorized to 
 13.7   perform their the officer's duties; or 
 13.8      (2) before an officer authorized to administer an oath with 
 13.9   the certificate of an officer of a court of record of the 
 13.10  country wherein such in which the affidavit is taken as to the 
 13.11  identity and authority of the officer taking the same affidavit. 
 13.12     (c) If personal service cannot be made, the court may order 
 13.13  service of the summons by alternate means.  The application for 
 13.14  alternate service must include the last known location of the 
 13.15  respondent; the petitioner's most recent contacts with the 
 13.16  respondent; the last known location of the respondent's 
 13.17  employment; the names and locations of the respondent's parents, 
 13.18  siblings, children, and other close relatives; the names and 
 13.19  locations of other persons who are likely to know the 
 13.20  respondent's whereabouts; and a description of efforts to locate 
 13.21  those persons.  
 13.22     The court shall must consider the length of time the 
 13.23  respondent's location has been unknown, the likelihood that the 
 13.24  respondent's location will become known, the nature of the 
 13.25  relief sought, and the nature of efforts made to locate the 
 13.26  respondent.  The court shall must order service by first class 
 13.27  mail, forwarding address requested, to any addresses where there 
 13.28  is a reasonable possibility that mail or information will be 
 13.29  forwarded or communicated to the respondent or, if no address so 
 13.30  qualifies, then to the respondent's last known address.  
 13.31     If the petitioner seeks disposition of real estate located 
 13.32  within the state of in Minnesota, the court shall must order 
 13.33  that the summons, which shall must contain the legal description 
 13.34  of the real estate, be published in the county where the real 
 13.35  estate is located.  The court may also order publication, within 
 13.36  or without the state, but only if it might reasonably succeed in 
 14.1   notifying the respondent of the proceeding.  Also, the court may 
 14.2   require the petitioner to make efforts to locate the respondent 
 14.3   by telephone calls to appropriate persons.  Service shall be is 
 14.4   deemed complete 21 days after mailing or 21 days after 
 14.5   court-ordered publication. 
 14.6      Sec. 20.  Minnesota Statutes 2004, section 518.12, is 
 14.7   amended to read: 
 14.8      518.12 [TIME FOR ANSWERING.] 
 14.9      The respondent shall have has 30 days in which to answer 
 14.10  the petition.  In case of service by publication, the 30 
 14.11  days shall does not begin to run until the expiration of the 
 14.12  period allowed for publication.  In the case of a 
 14.13  counterpetition for dissolution or legal separation to a 
 14.14  petition for dissolution or legal separation, no answer shall be 
 14.15  is required to the counterpetition and the original 
 14.16  petitioner shall be is deemed to have denied each and every 
 14.17  statement, allegation, and claim in the counterpetition. 
 14.18     Sec. 21.  Minnesota Statutes 2004, section 518.13, is 
 14.19  amended to read: 
 14.20     518.13 [FAILURE TO ANSWER; FINDINGS; HEARING.] 
 14.21     Subdivision 1.  [DEFAULT.] If the respondent does not 
 14.22  appear after service duly made and proved, the court may hear 
 14.23  and determine the proceeding as a default matter. 
 14.24     Subd. 2.  [DISPUTE OVER IRRETRIEVABLE BREAKDOWN.] If one of 
 14.25  the parties has denied under oath or affirmation that the 
 14.26  marriage is irretrievably broken, the court shall must consider 
 14.27  all relevant factors, including the circumstances that gave rise 
 14.28  to the commencement of the proceeding and the prospect of 
 14.29  reconciliation, and shall make a finding whether the marriage is 
 14.30  irretrievably broken. 
 14.31     A finding of irretrievable breakdown under this subdivision 
 14.32  is a determination that there is no reasonable prospect of 
 14.33  reconciliation.  The finding must be supported by evidence that 
 14.34  (i) the parties have lived separate and apart for a period of 
 14.35  not less than 180 days immediately preceding the commencement of 
 14.36  the proceeding, or (ii) there is serious marital discord 
 15.1   adversely affecting the attitude of one or both of the parties 
 15.2   toward the marriage.  
 15.3      Subd. 3.  [AGREEMENT OVER IRRETRIEVABLE BREAKDOWN.] If both 
 15.4   parties by petition or otherwise have stated under oath or 
 15.5   affirmation that the marriage is irretrievably broken, or one of 
 15.6   the parties has so stated and the other has not denied it, the 
 15.7   court, after hearing, shall must make a finding that the 
 15.8   marriage is irretrievably broken.  
 15.9      Subd. 4.  [REFEREE; OPEN COURT.] The court or judge, upon 
 15.10  application, may refer the proceeding to a referee to take and 
 15.11  report the evidence therein.  Hearings for dissolution of 
 15.12  marriage shall must be heard in open court or before a referee 
 15.13  appointed by the court to receive the testimony of the 
 15.14  witnesses, or depositions taken as in other equitable actions.  
 15.15  However, the court may in its discretion close the hearing.  
 15.16     Subd. 5.  [APPROVAL WITHOUT HEARING.] Proposed findings of 
 15.17  fact, conclusions of law, order for judgment, and judgment and 
 15.18  decree must be submitted to the court for approval and filing 
 15.19  without a final hearing in the following situations: 
 15.20     (1) if there are no minor children of the marriage, and (i) 
 15.21  the parties have entered into a written stipulation, or (ii) the 
 15.22  respondent has not appeared after service duly made and proved 
 15.23  by affidavit and at least 20 days have elapsed since the time 
 15.24  for answering under section 518.12 expired; or 
 15.25     (2) if there are minor children of the marriage, the 
 15.26  parties have signed and acknowledged a stipulation, and all 
 15.27  parties are represented by counsel. 
 15.28     Notwithstanding clause (1) or (2), the court shall must 
 15.29  schedule the matter for hearing in any case where if the 
 15.30  proposed judgment and decree does not appear to be in the best 
 15.31  interests of the minor children or is contrary to the interests 
 15.32  of justice. 
 15.33     Sec. 22.  Minnesota Statutes 2004, section 518.131, is 
 15.34  amended to read: 
 15.35     518.131 [TEMPORARY ORDERS AND RESTRAINING ORDERS.] 
 15.36     Subdivision 1.  [PERMISSIBLE ORDERS.] In a proceeding 
 16.1   brought for custody, dissolution, or legal separation, or for 
 16.2   disposition of property, or maintenance, or child support 
 16.3   following the dissolution of a marriage, either party may, by 
 16.4   motion, request from the court and the court may grant a 
 16.5   temporary order pending the final disposition of the proceeding 
 16.6   to or for:  
 16.7      (a) (1) temporary custody and parenting time regarding the 
 16.8   minor children of the parties; 
 16.9      (b) (2) temporary maintenance of either spouse; 
 16.10     (c) Temporary child support for the children of the 
 16.11  parties; 
 16.12     (d) (3) temporary costs and reasonable attorney fees; 
 16.13     (e) Award the (4) temporary use and possession, exclusive 
 16.14  or otherwise, of the family home, furniture, household goods, 
 16.15  automobiles, and other property of the parties; 
 16.16     (f) (5) restrain one or both parties from transferring, 
 16.17  encumbering, concealing, or disposing of property except in the 
 16.18  usual course of business or for the necessities of life, and to 
 16.19  account to the court for all such transfers, encumbrances, 
 16.20  dispositions, and expenditures made after the order is served or 
 16.21  communicated to the party restrained in open court; 
 16.22     (g) (6) restrain one or both parties from harassing, 
 16.23  vilifying, mistreating, molesting, disturbing the peace, or 
 16.24  restraining the liberty of the other party or the children of 
 16.25  the parties; 
 16.26     (h) (7) restrain one or both parties from removing any 
 16.27  minor child of the parties from the jurisdiction of the court; 
 16.28     (i) (8) exclude a party from the family home of the parties 
 16.29  or from the home of the other party; and 
 16.30     (j) (9) require one or both of the parties to perform or to 
 16.31  not perform such additional acts as that will facilitate the 
 16.32  just and speedy disposition of the proceeding, or will protect 
 16.33  the parties or their children from physical or emotional harm.  
 16.34     Subd. 2.  [IMPERMISSIBLE ORDERS.] No A temporary order 
 16.35  shall must not: 
 16.36     (a) (1) deny parenting time to a parent unless the court 
 17.1   finds that the parenting time is likely to cause physical or 
 17.2   emotional harm to the child; 
 17.3      (b) (2) exclude a party from the family home of the parties 
 17.4   unless the court finds that physical or emotional harm to one of 
 17.5   the parties or to the children of the parties is likely to 
 17.6   result, or that the exclusion is reasonable in the 
 17.7   circumstances; or 
 17.8      (c) (3) vacate or modify an order granted under section 
 17.9   518B.01, subdivision 6, paragraph (a), clause (1), restraining 
 17.10  an abusing party from committing acts of domestic abuse, except 
 17.11  that the court may hear a motion for modification of an order 
 17.12  for protection concurrently with a proceeding for dissolution of 
 17.13  marriage upon notice of motion and motion.  The notice required 
 17.14  by court rule shall must not be waived.  If the proceedings are 
 17.15  consolidated and the motion to modify is granted, a separate 
 17.16  order for modification of an order for protection shall must be 
 17.17  issued. 
 17.18     Subd. 3.  [EX PARTE RESTRAINING ORDER; LIMITATIONS.] A 
 17.19  party may request and the court may make an ex parte restraining 
 17.20  order which may include that includes any matter that may be 
 17.21  included in a temporary order except it may not:  
 17.22     (a) A restraining order may not (1) exclude either party 
 17.23  from the family home of the parties except upon a finding by the 
 17.24  court of immediate danger of physical harm to the other party or 
 17.25  the children of either party; and or 
 17.26     (b) A restraining order may not (2) deny parenting time to 
 17.27  either party or grant custody of the minor children to either 
 17.28  party except upon a finding by the court of immediate danger of 
 17.29  physical harm to the minor children of the parties.  
 17.30     Subd. 4.  [HEARING ON RESTRAINING ORDER; DURATION.] A 
 17.31  restraining orders shall order must be personally served upon 
 17.32  the party to be restrained and shall be accompanied along with a 
 17.33  notice of the time and place of a hearing for a temporary order 
 17.34  for disposition of the matters contained in the restraining 
 17.35  order at a hearing for a temporary order.  When If a restraining 
 17.36  order has been issued, a hearing on the temporary order shall 
 18.1   must be held at the earliest practicable date.  The restrained 
 18.2   party may upon written notice to the other party advance the 
 18.3   hearing date to a time earlier than that noticed by the other 
 18.4   party.  The restraining order shall continue continues in full 
 18.5   force and effect only until the hearing time noticed, unless the 
 18.6   court, for good cause and upon notice, extends the time for 
 18.7   hearing.  
 18.8      Subd. 5.  [DURATION OF TEMPORARY ORDER.] A temporary order 
 18.9   shall continue continues in full force and effect until the 
 18.10  earlier of its amendment or vacation, dismissal of the main 
 18.11  action, or entry of a final decree of dissolution or legal 
 18.12  separation.  
 18.13     Subd. 6.  [EFFECT OF DISMISSAL OF MAIN ACTION.] If a 
 18.14  proceeding for dissolution or legal separation is dismissed, a 
 18.15  temporary custody order is vacated unless one of the parties or 
 18.16  the child's custodian moves that the proceeding continue as a 
 18.17  custody proceeding and the court finds, after a hearing, that 
 18.18  the circumstances of the parties and the best interests of the 
 18.19  child require that a custody order be issued.  
 18.20     Subd. 7.  [GUIDING FACTORS.] The court shall must be guided 
 18.21  by the factors set forth in sections 518.551 (concerning child 
 18.22  support), 518.552 (concerning maintenance), 518.17 to 518.175 
 18.23  517B.17, 517B.18, and 517B.25 (concerning custody and parenting 
 18.24  time), and 518.14 (concerning costs and attorney fees) in making 
 18.25  temporary orders and restraining orders. 
 18.26     Subd. 8.  [BASIS FOR ORDER.] Temporary orders shall must be 
 18.27  made solely on the basis of affidavits and argument of counsel 
 18.28  except upon demand by either party in a motion or responsive 
 18.29  motion made within the time limit for making and filing a 
 18.30  responsive motion that the matter be heard on oral testimony 
 18.31  before the court, or if the court in its discretion orders the 
 18.32  taking of oral testimony. 
 18.33     Subd. 9.  [PREJUDICIAL EFFECT; REVOCATION; MODIFICATION.] A 
 18.34  temporary order or restraining order:  
 18.35     (a) Shall (1) must not prejudice the rights of the parties 
 18.36  or the child which are to be adjudicated at subsequent hearings 
 19.1   in the proceeding; and 
 19.2      (b) (2) may be revoked or modified by the court before the 
 19.3   final disposition of the proceeding upon the same grounds and 
 19.4   subject to the same requirements as the initial granting of the 
 19.5   order.  
 19.6      Subd. 10.  [MISDEMEANOR.] In addition to being punishable 
 19.7   by contempt, a violation of a provision of a temporary order or 
 19.8   restraining order granting the relief authorized in subdivision 
 19.9   1, clause (g) (6), (h) (7), or (i) (8), is a misdemeanor. 
 19.10     Subd. 11.  [TEMPORARY SUPPORT AND MAINTENANCE.] Temporary 
 19.11  support and maintenance may be ordered during the time a 
 19.12  parenting plan is being developed under section 518.1705. 
 19.13     Sec. 23.  Minnesota Statutes 2004, section 518.14, 
 19.14  subdivision 1, is amended to read: 
 19.15     Subdivision 1.  [GENERAL.] (a) Except as provided in 
 19.16  subdivision 2, in a proceeding under this chapter or chapter 
 19.17  517B or 517C, the court shall must award attorney fees, costs, 
 19.18  and disbursements in an amount necessary to enable a party to 
 19.19  carry on or contest the proceeding, provided if it finds that: 
 19.20     (1) that the fees are necessary for the good-faith 
 19.21  assertion of the party's rights in the proceeding and will not 
 19.22  contribute unnecessarily to the length and expense of the 
 19.23  proceeding; 
 19.24     (2) that the party from whom fees, costs, and disbursements 
 19.25  are sought has the means to pay them; and 
 19.26     (3) that the party to whom fees, costs, and disbursements 
 19.27  are awarded does not have the means to pay them. 
 19.28     (b) Nothing in this section precludes the court from 
 19.29  awarding, in its discretion, additional fees, costs, and 
 19.30  disbursements against a party who unreasonably contributes to 
 19.31  the length or expense of the proceeding.  Fees, costs, and 
 19.32  disbursements provided for in this section may be awarded at any 
 19.33  point in the proceeding, including a modification proceeding 
 19.34  under sections 518.18 and 518.64.  The court may adjudge costs 
 19.35  and disbursements against either party.  The court may authorize 
 19.36  the collection of money awarded by execution, or out of property 
 20.1   sequestered, or in any other manner within the power of the 
 20.2   court.  An award of attorney's fees made by the court during the 
 20.3   pendency of the proceeding or in the final judgment survives the 
 20.4   proceeding and if not paid by the party directed to pay the same 
 20.5   them may be enforced as above provided in the manner provided in 
 20.6   this paragraph or by a separate civil action brought in the 
 20.7   attorney's own name.  If the proceeding is dismissed or 
 20.8   abandoned prior to determination and award of attorney's fees, 
 20.9   the court may nevertheless award attorney's fees upon the 
 20.10  attorney's motion.  The award shall also survive survives the 
 20.11  proceeding and may be enforced in the same manner as last above 
 20.12  provided in this paragraph. 
 20.13     Sec. 24.  Minnesota Statutes 2004, section 518.148, is 
 20.14  amended to read: 
 20.15     518.148 [CERTIFICATION OF DISSOLUTION.] 
 20.16     Subdivision 1.  [CERTIFICATE OF DISSOLUTION.] An attorney 
 20.17  or pro se party may prepare and submit to the court a separate 
 20.18  certificate of dissolution to be attached to the judgment and 
 20.19  decree at the time of granting the dissolution of marriage.  
 20.20  Upon approval by the court and filing of the certificate of 
 20.21  dissolution with the court administrator, the court 
 20.22  administrator shall must provide to any party upon request 
 20.23  certified copies of the certificate of dissolution. 
 20.24     Subd. 2.  [REQUIRED INFORMATION.] The certificate shall 
 20.25  must include the following information: 
 20.26     (1) the full caption and file number of the case and the 
 20.27  title "Certificate of Dissolution"; 
 20.28     (2) the names and any prior or other names of the parties 
 20.29  to the dissolution; 
 20.30     (3) the names of any living minor or dependent children as 
 20.31  identified in the judgment and decree; 
 20.32     (4) that the marriage of the parties is dissolved; 
 20.33     (5) the date of the judgment and decree; and 
 20.34     (6) the Social Security number of the parties to the 
 20.35  dissolution and the Social Security number of any living minor 
 20.36  or dependent children identified in the judgment and decree. 
 21.1      Subd. 3.  [CERTIFICATION.] The certificate of 
 21.2   dissolution shall be is conclusive evidence of the facts recited 
 21.3   in the certificate. 
 21.4      Sec. 25.  Minnesota Statutes 2004, section 518.156, is 
 21.5   amended by adding a subdivision to read: 
 21.6      Subd. 3.  [DEADLINE FOR CUSTODY AGREEMENT OR PARENTING 
 21.7   PLAN.] Within 270 days after a custody proceeding is commenced 
 21.8   by a parent or when the matter is set for determination by the 
 21.9   court, whichever is earlier, the parents must enter a parenting 
 21.10  plan under section 518.1705.  If the parents fail to meet this 
 21.11  deadline, the court must use the rebuttable presumption 
 21.12  regarding joint physical custody provided by section 518.17, 
 21.13  subdivision 2, paragraph (b). 
 21.14     Sec. 26.  Minnesota Statutes 2004, section 518.17, 
 21.15  subdivision 1, is amended to read: 
 21.16     Subdivision 1.  [THE BEST INTERESTS OF THE CHILD.] (a) "The 
 21.17  best interests of the child" means all relevant factors to be 
 21.18  considered and evaluated by the court including, but not limited 
 21.19  to: 
 21.20     (1) the wishes of the child's parent or parents as to 
 21.21  custody; 
 21.22     (2) the reasonable preference of the child, if the court 
 21.23  deems the child to be of sufficient age to express preference; 
 21.24     (3) the child's primary caretaker; 
 21.25     (4) the intimacy of the relationship between each parent 
 21.26  and the child; 
 21.27     (5) the interaction and interrelationship of the child with 
 21.28  a parent or parents, siblings, and any other person who may 
 21.29  significantly affect the child's best interests; 
 21.30     (6) the child's adjustment to home, school, and community; 
 21.31     (7) the length of time the child has lived in a stable, 
 21.32  satisfactory environment and the desirability of maintaining 
 21.33  continuity; 
 21.34     (8) the permanence, as a family unit, of the existing or 
 21.35  proposed custodial home; 
 21.36     (9) the mental and physical health of all individuals 
 22.1   involved; except that a disability, as defined in section 
 22.2   363A.03, of a proposed custodian or the child shall not be 
 22.3   determinative of the custody of the child, unless the proposed 
 22.4   custodial arrangement is not in the best interest of the child; 
 22.5      (10) the capacity and disposition of the parties to give 
 22.6   the child love, affection, care, and guidance, to ensure the 
 22.7   child a good education, to provide the child with a nurturing 
 22.8   environment, and to continue educating and raising the child in 
 22.9   the child's culture, language or languages, and religion or 
 22.10  creed, if any; 
 22.11     (11) the child's cultural, linguistic, and religious 
 22.12  background; 
 22.13     (12) the effect on the child of the actions of an abuser, 
 22.14  if related to domestic abuse, as defined in section 518B.01, 
 22.15  that has occurred between the parents or between a parent and 
 22.16  another individual, whether or not the individual alleged to 
 22.17  have committed domestic abuse is or ever was a family or 
 22.18  household member of the parent; and 
 22.19     (13) except in cases in which a finding of domestic abuse 
 22.20  as defined in section 518B.01 has been made, the disposition of 
 22.21  each parent to encourage and permit frequent and continuing 
 22.22  contact by the other parent with the child; 
 22.23     (14) any addiction to alcohol or other habituating 
 22.24  substances or physical or sexual abuse attributable to either 
 22.25  parent or any person living with either parent insofar as the 
 22.26  acts, addiction, violence, or habits may adversely affect the 
 22.27  child; and 
 22.28     (15) any false allegations made in bad faith by one parent 
 22.29  against the other parent or anybody living with the other parent 
 22.30  to gain unfair advantage in the custody determination. 
 22.31     The court may not use one factor to the exclusion of all 
 22.32  others.  The primary caretaker factor may not be used as a 
 22.33  presumption in determining the best interests of the child.  The 
 22.34  court must make detailed findings on each of the factors and 
 22.35  explain how the factors led to its conclusions and to the 
 22.36  determination of the best interests of the child.  
 23.1      (b) The court shall not consider conduct of a proposed 
 23.2   custodian that does not affect the custodian's relationship to 
 23.3   the child In determining the best interests of the child, the 
 23.4   court may not use any one factor to the exclusion of all others, 
 23.5   may not use the primary caretaker factor as a presumption, may 
 23.6   not prefer one parent over the other on account of gender, and 
 23.7   must make detailed findings of each relevant factor and explain 
 23.8   how each has led to the conclusion reached, unless the 
 23.9   presumption set forth in subdivision 2, paragraph (a), is 
 23.10  applied and followed. 
 23.11     [EFFECTIVE DATE.] This section is effective the day 
 23.12  following final enactment. 
 23.13     Sec. 27.  Minnesota Statutes 2004, section 518.17, 
 23.14  subdivision 2, is amended to read: 
 23.15     Subd. 2.  [FACTORS WHEN JOINT CUSTODY IS SOUGHT REBUTTABLE 
 23.16  PRESUMPTIONS IN CHILD CUSTODY DISPUTES.] In addition to the 
 23.17  factors listed in subdivision 1, where either joint legal or 
 23.18  joint physical custody is contemplated or sought, the court 
 23.19  shall consider the following relevant factors:  
 23.20     (a) the ability of parents to cooperate in the rearing of 
 23.21  their children; The court shall use a rebuttable presumption 
 23.22  that joint legal and physical custody is in the best interests 
 23.23  of the child.  Any departure from that presumption must be 
 23.24  justified by detailed findings.  Whenever it appears that the 
 23.25  parents have difficulty in communication or cooperation with 
 23.26  respect to the child, the court may establish rules which govern 
 23.27  in case of disagreement between them. 
 23.28     (b) methods for resolving disputes regarding any major 
 23.29  decision concerning the life of the child, and the parents' 
 23.30  willingness to use those methods; If it appears that both 
 23.31  parents are fit, but that joint legal and physical custody is 
 23.32  not feasible and cannot be remedied by rules which govern in 
 23.33  case of disagreement between the parents, the court shall use a 
 23.34  rebuttable presumption that the best interests of the child will 
 23.35  be served by granting legal and physical custody to the parent 
 23.36  more disposed to encourage and permit frequent and continuing 
 24.1   contact with the child by the other parent.  Any departure from 
 24.2   that presumption must be justified by detailed findings. 
 24.3      (c) whether it would be detrimental to the child if one 
 24.4   parent were to have sole authority over the child's upbringing; 
 24.5   and 
 24.6      (d) whether domestic abuse, as defined in section 518B.01, 
 24.7   has occurred between the parents.  
 24.8      The court shall use a rebuttable presumption that upon 
 24.9   request of either or both parties, joint legal custody is in the 
 24.10  best interests of the child.  However, The court shall use a 
 24.11  rebuttable presumption that joint legal or physical custody is 
 24.12  not in the best interests of the child if domestic abuse, as 
 24.13  defined in section 518B.01, has occurred between the 
 24.14  parents.  Use of that presumption requires detailed findings. 
 24.15     If the court awards joint legal or physical custody over 
 24.16  the objection of a party, the court shall make detailed findings 
 24.17  on each of the factors in this subdivision and explain how the 
 24.18  factors led to its determination that joint custody would be in 
 24.19  the best interests of the child.  
 24.20     [EFFECTIVE DATE.] This section is effective the day 
 24.21  following final enactment. 
 24.22     Sec. 28.  Minnesota Statutes 2004, section 518.1705, 
 24.23  subdivision 4, is amended to read: 
 24.24     Subd. 4.  [CUSTODY DESIGNATION.] A final judgment and 
 24.25  decree that includes a parenting plan using alternate terms to 
 24.26  designate decision-making responsibilities or allocation of 
 24.27  residential time between the parents must designate whether the 
 24.28  parents have joint legal custody or joint physical custody or 
 24.29  which parent has sole legal custody or sole physical custody, or 
 24.30  both.  This designation is solely for enforcement of the final 
 24.31  judgment and decree where this designation is required for that 
 24.32  enforcement and has no effect under the laws of this state,.  
 24.33  This designation has no effect under the laws of any other 
 24.34  state, or another country that do not require this designation. 
 24.35     Sec. 29.  Minnesota Statutes 2004, section 518.191, 
 24.36  subdivision 1, is amended to read: 
 25.1      Subdivision 1.  [ABBREVIATED JUDGMENT AND DECREE.] If real 
 25.2   estate is described in a judgment and decree of dissolution, the 
 25.3   court may direct either of the parties or their legal counsel to 
 25.4   prepare and submit to the court a proposed summary real estate 
 25.5   disposition judgment.  Upon approval by the court and filing of 
 25.6   the summary real estate disposition judgment with the court 
 25.7   administrator, the court administrator shall must provide to any 
 25.8   party upon request certified copies of the summary real estate 
 25.9   disposition judgment. 
 25.10     Sec. 30.  Minnesota Statutes 2004, section 518.195, 
 25.11  subdivision 2, is amended to read: 
 25.12     Subd. 2.  [PROCEDURE.] A couple qualifying under all of the 
 25.13  criteria in subdivision 1, may obtain a judgment and decree by: 
 25.14     (1) filing a sworn joint declaration, on which both of 
 25.15  their signatures must be notarized, containing or appending the 
 25.16  following information: 
 25.17     (i) the demographic data required in section 518.10; 
 25.18     (ii) verifying the qualifications set forth in subdivision 
 25.19  1; 
 25.20     (iii) listing each party's nonmarital property; 
 25.21     (iv) setting forth how the marital assets and debts will be 
 25.22  apportioned; 
 25.23     (v) verifying both parties' income and preserving their 
 25.24  rights to spousal maintenance; and 
 25.25     (vi) certifying that there has been no domestic abuse of 
 25.26  one party by the other; and 
 25.27     (2) viewing any introductory and summary process 
 25.28  educational videotapes, if then available from the court, and 
 25.29  certifying that they watched any such tapes within the 30 days 
 25.30  preceding the filing of the joint declaration. 
 25.31     The district court administrator shall must enter a decree 
 25.32  of dissolution 30 days after the filing of the joint declaration 
 25.33  if the parties meet the statutory qualifications and have 
 25.34  complied with the procedural requirements of this subdivision. 
 25.35     Sec. 31.  Minnesota Statutes 2004, section 518.195, 
 25.36  subdivision 3, is amended to read: 
 26.1      Subd. 3.  [FORMS.] The state court administrator shall must 
 26.2   develop simplified forms and instructions for the summary 
 26.3   process.  District court administrators shall must make the 
 26.4   forms for the summary process available upon request and shall 
 26.5   must accept joint declarations for filing on and after July 1, 
 26.6   1997. 
 26.7      Sec. 32.  Minnesota Statutes 2004, section 518.24, is 
 26.8   amended to read: 
 26.9      518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 
 26.10     In all cases when If maintenance or support payments are 
 26.11  ordered, the court may require sufficient security to be given 
 26.12  for the payment of them according to the terms of the order.  
 26.13  Upon neglect or refusal to give security, or upon failure to pay 
 26.14  the maintenance or support, the court may sequester the 
 26.15  obligor's personal estate and the rents and profits of real 
 26.16  estate of the obligor, and appoint a receiver of them.  The 
 26.17  court may cause the personal estate and the rents and profits of 
 26.18  the real estate to be applied according to the terms of the 
 26.19  order.  The obligor is presumed to have an income from a source 
 26.20  sufficient to pay the maintenance or support order.  A child 
 26.21  support or maintenance order constitutes prima facie evidence 
 26.22  that the obligor has the ability to pay the award.  If the 
 26.23  obligor disobeys the order, it is prima facie evidence of 
 26.24  contempt.  The court may cite the obligor for contempt under 
 26.25  this section, section 518.617, or chapter 588. 
 26.26     Sec. 33.  Minnesota Statutes 2004, section 518.25, is 
 26.27  amended to read: 
 26.28     518.25 [REMARRIAGE; REVOCATION.] 
 26.29     When a dissolution has been granted, and the parties 
 26.30  afterward intermarry If two people remarry each other after 
 26.31  dissolution of their prior marriage, the court, upon their joint 
 26.32  application, and upon satisfactory proof of such the marriage, 
 26.33  may revoke all decrees and orders of dissolution, maintenance, 
 26.34  and subsistence which will that do not affect the rights of 
 26.35  third persons. 
 26.36     Sec. 34.  Minnesota Statutes 2004, section 518.27, is 
 27.1   amended to read: 
 27.2      518.27 [NAME OF PARTY.] 
 27.3      Except as provided in section 259.13, in the final decree 
 27.4   of dissolution or legal separation the court shall must, if 
 27.5   requested by a party, change the name of that party to another 
 27.6   name as the party requests.  The court shall must grant a 
 27.7   request unless it finds that there is an intent to defraud or 
 27.8   mislead, unless the name change is subject to section 259.13, in 
 27.9   which case the requirements of that section apply.  The 
 27.10  court shall must notify the parties that use of a different 
 27.11  surname after dissolution or legal separation without complying 
 27.12  with section 259.13, if applicable, is a gross misdemeanor.  The 
 27.13  party's new name shall must be so designated in the final decree.
 27.14     Sec. 35.  Minnesota Statutes 2004, section 518.54, 
 27.15  subdivision 1, is amended to read: 
 27.16     Subdivision 1.  [TERMS SCOPE.] For the purposes of sections 
 27.17  518.54 to 518.66, the terms defined The definitions in this 
 27.18  section shall have the meanings respectively ascribed to 
 27.19  them apply to sections 517A.31 to 517A.41. 
 27.20     Sec. 36.  Minnesota Statutes 2004, section 518.54, 
 27.21  subdivision 5, is amended to read: 
 27.22     Subd. 5.  [MARITAL PROPERTY; EXCEPTIONS.] "Marital 
 27.23  property" means property, real or personal property, including 
 27.24  vested public or private pension plan benefits or rights, 
 27.25  acquired by one or both of the parties, or either of them, to a 
 27.26  dissolution, legal separation, or annulment proceeding at any 
 27.27  time during the existence of the marriage relation between them, 
 27.28  or at any time during which the parties were living together as 
 27.29  husband and wife under a purported marriage relationship which 
 27.30  is annulled in an annulment proceeding, but prior to the date of 
 27.31  valuation under section 518.58, subdivision 1.  All property 
 27.32  acquired by either spouse subsequent to the marriage and before 
 27.33  the valuation date is presumed to be marital property regardless 
 27.34  of whether title is held individually or by the spouses in a 
 27.35  form of co-ownership such as joint tenancy, tenancy in common, 
 27.36  tenancy by the entirety, or community property.  Each 
 28.1   spouse shall be is deemed to have a common ownership in marital 
 28.2   property that vests not later than the time of the entry of the 
 28.3   decree in a proceeding for dissolution or annulment.  The extent 
 28.4   of the vested interest shall must be determined and made final 
 28.5   by the court pursuant to section 518.58.  If a title interest in 
 28.6   real property is held individually by only one spouse, the 
 28.7   interest in the real property of the nontitled spouse is not 
 28.8   subject to claims of creditors or judgment or tax liens until 
 28.9   the time of entry of the decree awarding an interest to the 
 28.10  nontitled spouse.  The presumption of marital property is 
 28.11  overcome by a showing that the property is nonmarital property. 
 28.12     "Nonmarital property" means property real or personal, 
 28.13  acquired by either spouse before, during, or after the existence 
 28.14  of their marriage, which: 
 28.15     (a) (1) is acquired as a gift, bequest, devise, or 
 28.16  inheritance made by a third party to one but not to the other 
 28.17  spouse; 
 28.18     (b) (2) is acquired before the marriage; 
 28.19     (c) (3) is acquired in exchange for or is the increase in 
 28.20  value of property which is described in clauses (a), (b), (d), 
 28.21  and (e) clause (1), (2), (4), or (5); 
 28.22     (d) (4) is acquired by a spouse after the valuation date; 
 28.23  or 
 28.24     (e) (5) is excluded by a valid antenuptial contract. 
 28.25     Sec. 37.  Minnesota Statutes 2004, section 518.54, 
 28.26  subdivision 6, is amended to read: 
 28.27     Subd. 6.  [INCOME.] "Income" means any form of periodic 
 28.28  payment to an individual including, but not limited to, wages, 
 28.29  salaries, payments to an independent contractor, workers' 
 28.30  compensation, unemployment benefits, and annuity, military and 
 28.31  or naval retirement, pension and or disability payments.  
 28.32  "Income" does not include benefits received under Title IV-A of 
 28.33  the Social Security Act and or chapter 256J are not income under 
 28.34  this section. 
 28.35     Sec. 38.  Minnesota Statutes 2004, section 518.54, 
 28.36  subdivision 7, is amended to read: 
 29.1      Subd. 7.  [OBLIGEE.] "Obligee" means a person to whom 
 29.2   payments for maintenance or support are owed.  
 29.3      Sec. 39.  Minnesota Statutes 2004, section 518.54, 
 29.4   subdivision 8, is amended to read: 
 29.5      Subd. 8.  [OBLIGOR.] "Obligor" means a person obligated to 
 29.6   pay maintenance or support.  A person who is designated as the 
 29.7   sole physical custodian of a child is presumed not to be an 
 29.8   obligor for purposes of calculating current support under 
 29.9   section 518.551 unless the court makes specific written findings 
 29.10  to overcome this presumption. 
 29.11     Sec. 40.  Minnesota Statutes 2004, section 518.55, is 
 29.12  amended to read: 
 29.13     518.55 [MAINTENANCE OR SUPPORT MONEY.] 
 29.14     Subdivision 1.  [CONTENTS OF ORDER.] Every award of 
 29.15  maintenance or support money in a judgment of dissolution or 
 29.16  legal separation shall must clearly designate whether the same 
 29.17  it is maintenance or support money, or what part of the award is 
 29.18  maintenance and what part is support money.  An award of 
 29.19  payments from future income or earnings of the parent with whom 
 29.20  the child resides is presumed to be maintenance and an award of 
 29.21  payments from the future income or earnings of the parent with 
 29.22  whom the child does not reside is presumed to be support money, 
 29.23  unless otherwise designated by the court.  In a judgment of 
 29.24  dissolution or legal separation the court may determine, as one 
 29.25  of the issues of the case, whether or not either spouse is 
 29.26  entitled to an award of maintenance notwithstanding that no 
 29.27  award is then made, or it may reserve jurisdiction of the issue 
 29.28  of maintenance for determination at a later date. 
 29.29     Subd. 3.  [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] Every 
 29.30  obligor shall must notify the obligee and the public authority 
 29.31  responsible for collection, if applicable, of a change of 
 29.32  address or residence within 60 days of the address or residence 
 29.33  change.  Every order for support or maintenance must contain a 
 29.34  conspicuous notice complying with section 518.68, subdivision 
 29.35  2 517C.99.  The court may waive or modify the requirements of 
 29.36  this subdivision by order if necessary to protect the obligor 
 30.1   from contact by the obligee. 
 30.2      Subd. 4.  [DETERMINATION OF CONTROLLING ORDER.] The public 
 30.3   authority or a party may request the district court to determine 
 30.4   a controlling order in situations in which more than one order 
 30.5   involving the same obligor and child exists. 
 30.6      Sec. 41.  Minnesota Statutes 2004, section 518.552, is 
 30.7   amended to read: 
 30.8      518.552 [MAINTENANCE.] 
 30.9      Subdivision 1.  [JURISDICTION; GROUNDS.] In a proceeding 
 30.10  for dissolution of marriage or legal separation, or in a 
 30.11  proceeding for maintenance following dissolution of the marriage 
 30.12  by a court which lacked personal jurisdiction over the absent 
 30.13  spouse and which has since acquired jurisdiction, the court may 
 30.14  grant a maintenance order for either spouse if it finds that the 
 30.15  spouse seeking maintenance: 
 30.16     (a) (1) lacks sufficient property, including marital 
 30.17  property apportioned to the spouse, to provide for reasonable 
 30.18  needs of the spouse considering the standard of living 
 30.19  established during the marriage, especially, but not limited to, 
 30.20  a period of training or education,; or 
 30.21     (b) (2) is unable to provide adequate self-support, after 
 30.22  considering the standard of living established during the 
 30.23  marriage and all relevant circumstances, through appropriate 
 30.24  employment,; or is the custodian of 
 30.25     (3) if a child whose resides with the spouse and the 
 30.26  child's condition or circumstances make it appropriate that 
 30.27  the custodian spouse not be required to seek employment outside 
 30.28  the home. 
 30.29     Subd. 2.  [AMOUNT; DURATION.] The maintenance order shall 
 30.30  must be in amounts and for periods of time, either temporary or 
 30.31  permanent, as that the court deems just, without regard to 
 30.32  marital misconduct, and after considering all relevant factors 
 30.33  including: 
 30.34     (a) (1) the financial resources of the party seeking 
 30.35  maintenance, including marital property apportioned to the 
 30.36  party, and the party's ability to meet needs independently, 
 31.1   including the extent to which a provision for support of a child 
 31.2   living with the party includes a sum for that party as custodian 
 31.3   caretaker; 
 31.4      (b) (2) the time necessary to acquire sufficient education 
 31.5   or training to enable the party seeking maintenance to find 
 31.6   appropriate employment, and the probability, given the party's 
 31.7   age and skills, of completing education or training and becoming 
 31.8   fully or partially self-supporting; 
 31.9      (c) (3) the standard of living established during the 
 31.10  marriage; 
 31.11     (d) (4) the duration of the marriage and, in the case of a 
 31.12  homemaker, the length of absence from employment and the extent 
 31.13  to which any education, skills, or experience have become 
 31.14  outmoded and earning capacity has become permanently diminished; 
 31.15     (e) (5) the loss of earnings, seniority, retirement 
 31.16  benefits, and other employment opportunities forgone by the 
 31.17  spouse seeking spousal maintenance; 
 31.18     (f) (6) the age, and the physical and emotional condition 
 31.19  of the spouse seeking maintenance; 
 31.20     (g) (7) the ability of the spouse from whom maintenance is 
 31.21  sought to meet needs while meeting those of the spouse seeking 
 31.22  maintenance; and 
 31.23     (h) (8) the contribution of each party in the acquisition, 
 31.24  preservation, depreciation, or appreciation in the amount or 
 31.25  value of the marital property, as well as the contribution of a 
 31.26  spouse as a homemaker or in furtherance of the other party's 
 31.27  employment or business. 
 31.28     Subd. 3.  [PERMANENCY OF AWARD.] Nothing in This section 
 31.29  shall must not be construed to favor a temporary award of 
 31.30  maintenance over a permanent award, where if the factors under 
 31.31  subdivision 2 justify a permanent award. 
 31.32     Where If there is some uncertainty as to the necessity of a 
 31.33  permanent award, the court shall must order a permanent award 
 31.34  leaving its order open for later modification. 
 31.35     Subd. 4.  [REOPENING MAINTENANCE AWARDS.] Section 518.145, 
 31.36  subdivision 2, applies to maintenance awards of spousal 
 32.1   maintenance. 
 32.2      Subd. 5.  [PRIVATE AGREEMENTS.] The parties may expressly 
 32.3   preclude or limit modification of maintenance through a 
 32.4   stipulation, if the court makes specific findings that the 
 32.5   stipulation is fair and, equitable, is and supported by 
 32.6   consideration described in the findings, and that full 
 32.7   disclosure of each party's financial circumstances has 
 32.8   occurred.  The stipulation must be made a part of the judgment 
 32.9   and decree. 
 32.10     Sec. 42.  Minnesota Statutes 2004, section 518.58, is 
 32.11  amended to read: 
 32.12     518.58 [DIVISION OF MARITAL PROPERTY.] 
 32.13     Subdivision 1.  [GENERAL.] Upon a dissolution of a 
 32.14  marriage, an annulment, or in a proceeding for disposition of 
 32.15  property following a dissolution of marriage by a court which 
 32.16  lacked personal jurisdiction over the absent spouse or lacked 
 32.17  jurisdiction to dispose of the property and which has since 
 32.18  acquired jurisdiction, the court shall must make a just and 
 32.19  equitable division of the marital property of the parties 
 32.20  without regard to marital misconduct, after making findings 
 32.21  regarding the division of the property.  The court shall must 
 32.22  base its findings on all relevant factors including the length 
 32.23  of the marriage, any prior marriage of a party, the age, health, 
 32.24  station, occupation, amount and sources of income, vocational 
 32.25  skills, employability, estate, liabilities, needs, opportunity 
 32.26  for future acquisition of capital assets, and income of each 
 32.27  party.  The court shall must also consider the contribution of 
 32.28  each in the acquisition, preservation, depreciation, or 
 32.29  appreciation in the amount or value of the marital property, as 
 32.30  well as the contribution of a spouse as a homemaker.  It shall 
 32.31  be is conclusively presumed that each spouse made a substantial 
 32.32  contribution to the acquisition of income and property while 
 32.33  they were living together as husband and wife.  The court may 
 32.34  also award to either spouse the household goods and furniture of 
 32.35  the parties, whether or not acquired during the marriage.  The 
 32.36  court shall must value marital assets for purposes of division 
 33.1   between the parties as of the day of the initially scheduled 
 33.2   prehearing settlement conference, unless a different date is 
 33.3   agreed upon by the parties, or unless the court makes specific 
 33.4   findings that another date of valuation is fair and equitable.  
 33.5   If there is a substantial change in value of an asset between 
 33.6   the date of valuation and the final distribution, the court may 
 33.7   adjust the valuation of that asset as necessary to effect an 
 33.8   equitable distribution.  
 33.9      Subd. 1a.  [TRANSFER, ENCUMBRANCE, CONCEALMENT, OR 
 33.10  DISPOSITION OF MARITAL ASSETS.] In contemplation of commencing 
 33.11  or during the pendency of a marriage dissolution, separation, or 
 33.12  annulment proceeding, or in contemplation of commencing a 
 33.13  marriage dissolution, separation, or annulment proceeding, each 
 33.14  party owes a fiduciary duty to the other for any profit or loss 
 33.15  derived by the party, without the consent of the other, from a 
 33.16  transaction or from any use by the party of the marital assets.  
 33.17  If the court finds that a party to a marriage, without consent 
 33.18  of the other party, has in contemplation of commencing, or 
 33.19  during the pendency of, the current dissolution, separation, or 
 33.20  annulment proceeding, transferred, encumbered, concealed, or 
 33.21  disposed of marital assets except in the usual course of 
 33.22  business or for the necessities of life, the court shall must 
 33.23  compensate the other party by placing both parties in the same 
 33.24  position that they would have been in had the transfer, 
 33.25  encumbrance, concealment, or disposal not occurred.  The burden 
 33.26  of proof under this subdivision is on the party claiming that 
 33.27  the other party transferred, encumbered, concealed, or disposed 
 33.28  of marital assets in contemplation of commencing or during the 
 33.29  pendency of the current dissolution, separation, or annulment 
 33.30  proceeding, without consent of the claiming party, and that the 
 33.31  transfer, encumbrance, concealment, or disposal was not in the 
 33.32  usual course of business or for the necessities of life.  In 
 33.33  compensating a party under this section, the court, in dividing 
 33.34  the marital property, may impute the entire value of an asset 
 33.35  and a fair return on the asset to the party who transferred, 
 33.36  encumbered, concealed, or disposed of it.  Use of a power of 
 34.1   attorney, or the absence of a restraining order against the 
 34.2   transfer, encumbrance, concealment, or disposal of marital 
 34.3   property is not available as a defense under this subdivision. 
 34.4      Subd. 2.  [AWARD OF NONMARITAL PROPERTY.] If the court 
 34.5   finds that either spouse's resources or property, including the 
 34.6   spouse's portion of the marital property as defined in section 
 34.7   518.54, subdivision 5, are so inadequate as to work an unfair 
 34.8   hardship, considering all relevant circumstances, the court may, 
 34.9   in addition to the marital property, apportion up to one-half of 
 34.10  the property otherwise excluded under section 518.54, 
 34.11  subdivision 5, clauses (a) (1) to (d) (4), to prevent the unfair 
 34.12  hardship.  If the court apportions property other than marital 
 34.13  property, it shall must make findings in support of the 
 34.14  apportionment.  The findings shall must be based on all relevant 
 34.15  factors including the length of the marriage, any prior marriage 
 34.16  of a party, the age, health, station, occupation, amount and 
 34.17  sources of income, vocational skills, employability, estate, 
 34.18  liabilities, needs, and opportunity for future acquisition of 
 34.19  capital assets and income of each party. 
 34.20     Subd. 3.  [SALE OR DISTRIBUTION WHILE PROCEEDING PENDING.] 
 34.21  (a) If the court finds that it is necessary to preserve the 
 34.22  marital assets of the parties, the court may order the sale of 
 34.23  the homestead of the parties or the sale of other marital 
 34.24  assets, as the individual circumstances may require, during the 
 34.25  pendency of a proceeding for a dissolution of marriage or an 
 34.26  annulment.  If the court orders a sale, it may further provide 
 34.27  for the disposition of the funds received from the sale during 
 34.28  the pendency of the proceeding. If liquid or readily liquidated 
 34.29  marital property other than property representing vested pension 
 34.30  benefits or rights is available, the court, so far as possible, 
 34.31  shall must divide the property representing vested pension 
 34.32  benefits or rights by the disposition of an equivalent amount of 
 34.33  the liquid or readily liquidated property.  
 34.34     (b) The court may order a partial distribution of marital 
 34.35  assets during the pendency of a proceeding for a dissolution of 
 34.36  marriage or an annulment for good cause shown or upon the 
 35.1   request of both parties, provided that as long as the court 
 35.2   shall fully protect protects the interests of the other party. 
 35.3      Subd. 4.  [PENSION PLANS.] (a) The division of marital 
 35.4   property that represents pension plan benefits or rights in the 
 35.5   form of future pension plan payments:  
 35.6      (1) is payable only to the extent of the amount of the 
 35.7   pension plan benefit payable under the terms of the plan; 
 35.8      (2) is not payable for a period that exceeds the time that 
 35.9   pension plan benefits are payable to the pension plan benefit 
 35.10  recipient; 
 35.11     (3) is not payable in a lump sum amount from pension plan 
 35.12  assets attributable in any fashion to a spouse with the status 
 35.13  of an active member, deferred retiree, or benefit recipient of a 
 35.14  pension plan; 
 35.15     (4) if the former spouse to whom the payments are to be 
 35.16  made dies prior to the end of the specified payment period with 
 35.17  the right to any remaining payments accruing to an estate or to 
 35.18  more than one survivor, is payable only to a trustee on behalf 
 35.19  of the estate or the group of survivors for subsequent 
 35.20  apportionment by the trustee; and 
 35.21     (5) in the case of public pension plan benefits or rights, 
 35.22  may not commence until the public plan member submits a valid 
 35.23  application for a public pension plan benefit and the benefit 
 35.24  becomes payable. 
 35.25     (b) The An individual retirement account plans plan 
 35.26  established under chapter 354B may provide in its plan document, 
 35.27  if published and made generally available, for an alternative 
 35.28  marital property division or distribution of individual 
 35.29  retirement account plan assets.  If an alternative division or 
 35.30  distribution procedure is provided, it applies in place of 
 35.31  paragraph (a), clause (5). 
 35.32     Sec. 43.  Minnesota Statutes 2004, section 518.581, is 
 35.33  amended to read: 
 35.34     518.581 [SURVIVING SPOUSE BENEFIT.] 
 35.35     Subdivision 1.  [AWARD OF BENEFIT.] If a current or former 
 35.36  employee's marriage is dissolved, the court may order the 
 36.1   employee, the employee's pension plan, or both, to pay amounts 
 36.2   as part of the division of pension rights that the court may 
 36.3   make under section 518.58, or as an award of maintenance in the 
 36.4   form of a percentage of periodic or other payments or in the 
 36.5   form of a fixed dollar amount.  The court may, as part of the 
 36.6   order, award a former spouse all or part of a survivor benefit 
 36.7   unless the plan does not allow by law the payment of a surviving 
 36.8   spouse benefit to a former spouse. 
 36.9      Subd. 2.  [PAYMENT OF FUNDS BY RETIREMENT PLAN.] (a) If the 
 36.10  court has ordered that a spouse has an interest in a pension 
 36.11  plan, the court may order the pension plan to withhold payment 
 36.12  of a refund upon termination of employment or lump sum 
 36.13  distribution to the extent of the spouse's interest in the plan, 
 36.14  or to provide survivor benefits ordered by the court.  
 36.15     (b) The court may not order the pension plan to:  
 36.16     (1) pay more than the equivalent of one surviving spouse 
 36.17  benefit, regardless of the number of spouses or former spouses 
 36.18  who may be sharing in a portion of the total benefit; 
 36.19     (2) pay surviving spouse benefits under circumstances where 
 36.20  the plan member does not have a right to elect surviving spouse 
 36.21  benefits; 
 36.22     (3) pay surviving spouse benefits to a former spouse if the 
 36.23  former spouse would not be eligible for benefits under the terms 
 36.24  of the plan; or 
 36.25     (4) order pay survivor benefits which, when combined with 
 36.26  the annuity or benefit payable to the pension plan member, 
 36.27  exceed the actuarial equivalent value of the normal retirement 
 36.28  annuity form, determined under the plan documents of the pension 
 36.29  plan then in effect and the actuarial assumptions then in effect 
 36.30  for calculating optional annuity forms by the pension plan or 
 36.31  for calculating the funding requirements of the pension plan if 
 36.32  no optional annuity forms are provided by the pension plan. 
 36.33     (c) If more than one spouse or former spouse is entitled to 
 36.34  a surviving spouse benefit, the pension plan shall must pay each 
 36.35  spouse a portion of the benefit based on the ratio of the number 
 36.36  of years the spouse was married to the plan member to the total 
 37.1   number of years the plan member was married to spouses who are 
 37.2   entitled to the benefit. 
 37.3      Subd. 3.  [NOTICE TO FORMER SPOUSE.] A pension plan 
 37.4   shall must notify a former spouse of an application by the 
 37.5   employee for a refund of pension benefits if the former spouse 
 37.6   has filed with the pension plan: 
 37.7      (1) a copy of the court order, including a withholding 
 37.8   order, determining the former spouse's rights; 
 37.9      (2) the name and last known address of the employee; and 
 37.10     (3) the name and address of the former spouse. 
 37.11     A pension plan shall must comply with an order, including a 
 37.12  withholding order, issued by a court having jurisdiction over 
 37.13  dissolution of marriage that is served on the pension plan, if 
 37.14  the order states the name, last known address of the payees, and 
 37.15  name and address of the former spouse, or if the names and 
 37.16  addresses are provided to the pension plan with service of the 
 37.17  order. 
 37.18     Subd. 4.  [DEFINITIONS.] For purposes of The definitions in 
 37.19  this subdivision apply to this section, the following terms have 
 37.20  the meanings given in this subdivision. 
 37.21     (a) "Current or former employee" or "employee" means an 
 37.22  individual who has an interest in a pension plan. 
 37.23     (b) "Surviving spouse benefit" means (1) a benefit a 
 37.24  surviving spouse may be eligible for under the laws and bylaws 
 37.25  of the pension plan if the employee dies before retirement, or 
 37.26  (2) a benefit selected for or available to a surviving spouse 
 37.27  under the laws and bylaws of the pension plan upon the death of 
 37.28  the employee after retirement. 
 37.29     Sec. 44.  Minnesota Statutes 2004, section 518.582, is 
 37.30  amended to read: 
 37.31     518.582 [PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.] 
 37.32     Subdivision 1.  [APPOINTMENT OF ACTUARY.] Each A court of 
 37.33  this state that has with jurisdiction to decide marriage 
 37.34  dissolution matters may appoint a qualified person experienced 
 37.35  in the valuation of pension benefits and rights to function as 
 37.36  an expert witness in valuing pension benefits or rights. 
 38.1      Subd. 2.  [STANDARDS.] (a) A court-appointed actuary shall 
 38.2   must determine the present value of pension benefits or rights 
 38.3   that are marital property of the parties to the action: 
 38.4      (1) based on the applicable plan documents of the pension 
 38.5   plan and the applicable actuarial assumptions specified for use 
 38.6   in calculating optional annuity forms by the pension plan or for 
 38.7   funding the pension plan, if reasonable,; or 
 38.8      (2) as specified by the court.  
 38.9      (b) The court-appointed actuary shall must report to the 
 38.10  court and to the parties the present value of the pension 
 38.11  benefits or rights that are marital property. 
 38.12     Subd. 3.  [COMPENSATION.] The court-appointed actuary may 
 38.13  be compensated at a rate established by the court.  The 
 38.14  compensation of the court appointed actuary shall must be 
 38.15  allocated between the parties as the court directs. 
 38.16     Subd. 4.  [STIPULATION.] In lieu of valuing pension 
 38.17  benefits or rights through use of the court-appointed actuary, 
 38.18  the parties may stipulate the present value of pension benefits 
 38.19  or rights that are marital property. 
 38.20     Sec. 45.  Minnesota Statutes 2004, section 518.62, is 
 38.21  amended to read: 
 38.22     518.62 [TEMPORARY ORDER; MAINTENANCE; HOMESTEAD.] 
 38.23     Temporary maintenance and temporary support may be awarded 
 38.24  as provided in section 518.131.  The court may also award to 
 38.25  either party to the proceeding, having due regard to all the 
 38.26  circumstances and the party awarded the custody of the children, 
 38.27  the right to the exclusive use of the household goods and 
 38.28  furniture of the parties pending the proceeding and the right to 
 38.29  the use of the homestead of the parties, exclusive or otherwise, 
 38.30  pending the proceeding.  The court may order either party to 
 38.31  remove from the homestead of the parties upon proper application 
 38.32  to the court for an order pending the proceeding.  
 38.33     Sec. 46.  Minnesota Statutes 2004, section 518.64, 
 38.34  subdivision 1, is amended to read: 
 38.35     Subdivision 1.  [AUTHORITY.] (a) After an order for 
 38.36  temporary or permanent maintenance or support money, temporary 
 39.1   or permanent, or for the appointment of trustees to receive 
 39.2   property awarded as maintenance or support money, the court may 
 39.3   from time to time, on motion of either of the parties, either 
 39.4   party or the public authority responsible for support 
 39.5   enforcement may move for modification.  A copy of which is a 
 39.6   motion by a party must be served on the public authority 
 39.7   responsible for child support enforcement if payments are made 
 39.8   through it, or on motion of the public authority responsible for 
 39.9   support enforcement,. 
 39.10     (b) The court may: 
 39.11     (1) modify the order respecting the amount of 
 39.12  maintenance or support money, and the its payment of it, and 
 39.13  also respecting the or appropriation and payment of the 
 39.14  principal and income of property held in trust,; and may 
 39.15     (2) make an order respecting these matters which it might 
 39.16  have made in the original proceeding, except as herein otherwise 
 39.17  provided subject to subdivisions 2 and 3.  
 39.18     (c) A party or the public authority also may bring a motion 
 39.19  for contempt of court if the obligor is in arrears in support or 
 39.20  maintenance payments. 
 39.21     Sec. 47.  Minnesota Statutes 2004, section 518.64, 
 39.22  subdivision 2, is amended to read: 
 39.23     Subd. 2.  [MODIFICATION.] (a) The terms of an order 
 39.24  respecting maintenance or support may be modified upon a showing 
 39.25  of one or more of the following:  (1) substantially increased or 
 39.26  decreased earnings of a party; (2) substantially increased or 
 39.27  decreased need of a party or the child or children that are the 
 39.28  subject of these proceedings; (3) receipt of assistance under 
 39.29  the AFDC program formerly codified under sections 256.72 to 
 39.30  256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 
 39.31  change in the cost of living for either party as measured by the 
 39.32  Federal Bureau of Statistics, any of which makes the terms 
 39.33  unreasonable and unfair; (5) extraordinary medical expenses of 
 39.34  the child not provided for under section 518.171; or (6) the 
 39.35  addition of work-related or education-related child care 
 39.36  expenses of the obligee or a substantial increase or decrease in 
 40.1   existing work-related or education-related child care expenses.  
 40.2      On a motion to modify support, the needs of any child the 
 40.3   obligor has after the entry of the support order that is the 
 40.4   subject of a modification motion shall be considered as provided 
 40.5   by section 518.551, subdivision 5f. 
 40.6      (b) It is presumed that there has been a substantial change 
 40.7   in circumstances under paragraph (a) and the terms of a current 
 40.8   support order shall be rebuttably presumed to be unreasonable 
 40.9   and unfair if: 
 40.10     (1) the application of the child support guidelines in 
 40.11  section 518.551, subdivision 5, to the current circumstances of 
 40.12  the parties results in a calculated court order that is at least 
 40.13  20 percent and at least $50 per month higher or lower than the 
 40.14  current support order; 
 40.15     (2) the medical support provisions of the order established 
 40.16  under section 518.171 are not enforceable by the public 
 40.17  authority or the obligee; 
 40.18     (3) health coverage ordered under section 518.171 is not 
 40.19  available to the child for whom the order is established by the 
 40.20  parent ordered to provide; or 
 40.21     (4) the existing support obligation is in the form of a 
 40.22  statement of percentage and not a specific dollar amount.  
 40.23     (c) (b) On a motion for modification of maintenance, 
 40.24  including a motion for the extension of the duration of a 
 40.25  maintenance award, the court shall must apply, in addition to 
 40.26  all other relevant factors, the factors for an award of 
 40.27  maintenance under section 518.552 that exist at the time of the 
 40.28  motion.  On a motion for modification of support, the court:  
 40.29     (1) shall apply section 518.551, subdivision 5, and shall 
 40.30  not consider the financial circumstances of each party's spouse, 
 40.31  if any; and 
 40.32     (2) shall not consider compensation received by a party for 
 40.33  employment in excess of a 40-hour work week, provided that the 
 40.34  party demonstrates, and the court finds, that: 
 40.35     (i) the excess employment began after entry of the existing 
 40.36  support order; 
 41.1      (ii) the excess employment is voluntary and not a condition 
 41.2   of employment; 
 41.3      (iii) the excess employment is in the nature of additional, 
 41.4   part-time employment, or overtime employment compensable by the 
 41.5   hour or fractions of an hour; 
 41.6      (iv) the party's compensation structure has not been 
 41.7   changed for the purpose of affecting a support or maintenance 
 41.8   obligation; 
 41.9      (v) in the case of an obligor, current child support 
 41.10  payments are at least equal to the guidelines amount based on 
 41.11  income not excluded under this clause; and 
 41.12     (vi) in the case of an obligor who is in arrears in child 
 41.13  support payments to the obligee, any net income from excess 
 41.14  employment must be used to pay the arrearages until the 
 41.15  arrearages are paid in full. 
 41.16     (d) (c) A modification of support or maintenance, including 
 41.17  interest that accrued pursuant to section 548.091, may be made 
 41.18  retroactive only with respect to any period during which the 
 41.19  petitioning party has pending a motion for modification but only 
 41.20  from the date of service of notice of the motion on the 
 41.21  responding party and on the public authority if public 
 41.22  assistance is being furnished or the county attorney is the 
 41.23  attorney of record.  However, modification may be applied to an 
 41.24  earlier period if the court makes express findings that:  
 41.25     (1) the party seeking modification was precluded from 
 41.26  serving a motion by reason of a significant physical or mental 
 41.27  disability, a material misrepresentation of another party, or 
 41.28  fraud upon the court and that the party seeking modification, 
 41.29  when no longer precluded, promptly served a motion; 
 41.30     (2) the party seeking modification was a recipient of 
 41.31  federal Supplemental Security Income (SSI), Title II Older 
 41.32  Americans, Survivor's Disability Insurance (OASDI), other 
 41.33  disability benefits, or public assistance based upon need during 
 41.34  the period for which retroactive modification is sought; 
 41.35     (3) the order for which the party seeks amendment was 
 41.36  entered by default, the party shows good cause for not 
 42.1   appearing, and the record contains no factual evidence, or 
 42.2   clearly erroneous evidence regarding the individual obligor's 
 42.3   ability to pay; or 
 42.4      (4) the party seeking modification was institutionalized or 
 42.5   incarcerated for an offense other than nonsupport of a child 
 42.6   during the period for which retroactive modification is sought 
 42.7   and lacked the financial ability to pay the support ordered 
 42.8   during that time period.  In determining whether to allow the 
 42.9   retroactive modification, the court shall consider whether and 
 42.10  when a request was made to the public authority for support 
 42.11  modification.  
 42.12  The court may provide that a reduction in the amount allocated 
 42.13  for child care expenses based on a substantial decrease in the 
 42.14  expenses is effective as of the date the expenses decreased. 
 42.15     (e) (d) Except for an award of the right of occupancy of 
 42.16  the homestead, provided in under section 518.63, all divisions 
 42.17  of real and personal property provided by section 518.58 shall 
 42.18  be are final, and may be revoked or modified only where if the 
 42.19  court finds the existence of conditions that justify reopening a 
 42.20  judgment under the laws of this state, including motions under 
 42.21  section 518.145, subdivision 2.  The court may impose a lien or 
 42.22  charge on the divided property at any time while the property, 
 42.23  or subsequently acquired property, is owned by the parties or 
 42.24  either of them, for the payment of maintenance or support money, 
 42.25  or may sequester the property as is provided by under section 
 42.26  518.24. 
 42.27     (f) (e) The court need not hold an evidentiary hearing on a 
 42.28  motion for modification of maintenance or support. 
 42.29     (g) (f) Section 518.14 shall govern governs the award of 
 42.30  attorney fees for motions brought under this subdivision. 
 42.31     Sec. 48.  Minnesota Statutes 2004, section 518.641, is 
 42.32  amended to read: 
 42.33     518.641 [COST-OF-LIVING ADJUSTMENTS IN MAINTENANCE OR CHILD 
 42.34  SUPPORT ORDER.] 
 42.35     Subdivision 1.  [REQUIREMENT.] (a) An order establishing, 
 42.36  modifying, or enforcing maintenance or child support shall must 
 43.1   provide for a biennial adjustment in the amount to be paid based 
 43.2   on a change in the cost of living.  An order that provides for a 
 43.3   cost-of-living adjustment shall must specify the cost-of-living 
 43.4   index to be applied and the date on which the cost-of-living 
 43.5   adjustment shall become becomes effective.  The court may use 
 43.6   the Consumer Price Index for all urban consumers, 
 43.7   Minneapolis-St. Paul (CPI-U), the Consumer Price Index for wage 
 43.8   earners and clerical, Minneapolis-St. Paul (CPI-W), or another 
 43.9   cost-of-living index published by the Department of Labor which 
 43.10  it specifically finds is more appropriate.  Cost-of-living 
 43.11  increases under this section shall must be compounded.  The 
 43.12  court may also increase the amount by more than the 
 43.13  cost-of-living adjustment by agreement of the parties or by 
 43.14  making further findings.  
 43.15     (b) The adjustment becomes effective on the first of May of 
 43.16  the year in which it is made, for cases in which payment is made 
 43.17  to the public authority.  For cases in which payment is not made 
 43.18  to the public authority, application for an adjustment may be 
 43.19  made in any month but no application for an adjustment may be 
 43.20  made sooner than two years after the date of the dissolution 
 43.21  decree.  A court may waive the requirement of the cost-of-living 
 43.22  clause if it expressly finds that the obligor's occupation or 
 43.23  income, or both, does not provide for a cost-of-living 
 43.24  adjustment or that the order for maintenance or child support 
 43.25  has a provision such as a step increase that has the effect of a 
 43.26  cost-of-living clause.  The court may waive a cost-of-living 
 43.27  adjustment in a maintenance order if the parties so agree in 
 43.28  writing.  The commissioner of human services may promulgate 
 43.29  rules for child support adjustments under this section in 
 43.30  accordance with the rulemaking provisions of chapter 14.  Notice 
 43.31  of this statute must comply with section 518.68, subdivision 2. 
 43.32     Subd. 2.  [NOTICE.] No adjustment under this section may be 
 43.33  made unless the order provides for it and the notice provisions 
 43.34  of this subdivision are followed.  The public authority or the 
 43.35  obligee, if the obligee is requesting the cost-of-living 
 43.36  adjustment, sends must send notice of the intended adjustment to 
 44.1   the obligor at the obligor's last known address at least 20 days 
 44.2   before the effective date of the adjustment.  The notice shall 
 44.3   must inform the obligor of the date on which the adjustment will 
 44.4   become becomes effective and the procedures for contesting the 
 44.5   adjustment. 
 44.6      Subd. 2a.  [PROCEDURES FOR CONTESTING ADJUSTMENT.] (a) To 
 44.7   contest cost-of-living adjustments initiated by the public 
 44.8   authority or an obligee who has applied for or is receiving 
 44.9   child support and maintenance collection services from the 
 44.10  public authority, other than income withholding only services, 
 44.11  the obligor, before the effective date of the adjustment, must: 
 44.12     (1) file a motion contesting the cost-of-living adjustment 
 44.13  with the court administrator; and 
 44.14     (2) serve the motion by first-class mail on the public 
 44.15  authority and the obligee. 
 44.16  The hearing shall must take place in the expedited child 
 44.17  support process as governed by section 484.702. 
 44.18     (b) To contest cost-of-living adjustments initiated by an 
 44.19  obligee who is not receiving child support and maintenance 
 44.20  collection services from the public authority, or for by an 
 44.21  obligee who receives income withholding only services from the 
 44.22  public authority, the obligor must, before the effective date of 
 44.23  the adjustment: 
 44.24     (1) file a motion contesting the cost-of-living adjustment 
 44.25  with the court administrator; and 
 44.26     (2) serve the motion by first-class mail on the obligee. 
 44.27  The hearing shall must take place in district court. 
 44.28     (c) Upon receipt of a motion contesting the cost-of-living 
 44.29  adjustment, the cost-of-living adjustment shall must be stayed 
 44.30  pending further order of the court. 
 44.31     (d) The court administrator shall must make available pro 
 44.32  se motion forms for contesting a cost-of-living adjustment under 
 44.33  this subdivision. 
 44.34     Subd. 3.  [RESULT OF HEARING.] If, at a hearing pursuant to 
 44.35  this section, the obligor establishes an insufficient cost of 
 44.36  living or other increase in income that prevents fulfillment of 
 45.1   the adjusted maintenance or child support obligation, the court 
 45.2   or child support magistrate may direct that all or part of the 
 45.3   adjustment not take effect.  If, at the hearing, the obligor 
 45.4   does not establish this insufficient increase in income, the 
 45.5   adjustment shall must take effect as of the date it would have 
 45.6   become effective had no hearing been requested. 
 45.7      Sec. 49.  Minnesota Statutes 2004, section 518.642, is 
 45.8   amended to read: 
 45.9      518.642 [OVERPAYMENTS.] 
 45.10     If child support or maintenance is not assigned under 
 45.11  section 256.741, and an obligor has overpaid a child support or 
 45.12  maintenance obligation because of a modification or error in the 
 45.13  amount owed, the public authority shall must: 
 45.14     (1) apply the amount of the overpayment to reduce the 
 45.15  amount of any child support or maintenance-related arrearages or 
 45.16  debts owed to the obligee; and 
 45.17     (2) if an overpayment exists after the reduction of any 
 45.18  arrearage or debt, reduce the amount of the child 
 45.19  support maintenance remitted to the obligee by an amount no 
 45.20  greater than 20 percent of the current monthly support or 
 45.21  maintenance obligation and remit this amount to the obligor 
 45.22  until the overpayment is reduced to zero. 
 45.23     Sec. 50.  Minnesota Statutes 2004, section 518.646, is 
 45.24  amended to read: 
 45.25     518.646 [NOTICE OF ORDER.] 
 45.26     Whenever these laws require If a law requires service of a 
 45.27  court's order on an employer, union, or payor of funds, service 
 45.28  of a verified notice of order may be made in lieu thereof of the 
 45.29  order.  The verified notice shall must contain the title of the 
 45.30  action, the name of the court, the court file number, the date 
 45.31  of the court order, and shall recite the operative provisions of 
 45.32  the order. 
 45.33     Sec. 51.  Minnesota Statutes 2004, section 518.65, is 
 45.34  amended to read: 
 45.35     518.65 [PROPERTY; SALE, PARTITION.] 
 45.36     In order to effect a division or award of property as is 
 46.1   provided by under section 518.58, the court may order property 
 46.2   sold or partitioned.  Personal property may be ordered sold in 
 46.3   the manner directed by the court, and real estate may be 
 46.4   partitioned in the manner provided by Minnesota Statutes 1949, 
 46.5   chapter 558. 
 46.6      Sec. 52.  Minnesota Statutes 2004, section 518.68, 
 46.7   subdivision 1, is amended to read: 
 46.8      Subdivision 1.  [REQUIREMENT.] Every court order or 
 46.9   judgment and decree that provides for child support, spousal 
 46.10  maintenance, custody, or parenting time must contain certain 
 46.11  notices as set out in subdivision 2.  The information in the 
 46.12  notices must be concisely stated in plain language.  The notices 
 46.13  must be in clearly legible print, but may not exceed two pages.  
 46.14  An order or judgment and decree without the notice remains 
 46.15  subject to all statutes.  The court may waive all or part of the 
 46.16  notice required under subdivision 2 relating to parental rights 
 46.17  under section 518.17, subdivision 3, if it finds it is necessary 
 46.18  to protect the welfare of a party or child section 517C.99. 
 46.19     Sec. 53.  [REVISOR'S INSTRUCTION.] 
 46.20     The revisor of statutes must renumber the sections in 
 46.21  Minnesota Statutes listed in column A as indicated in column B 
 46.22  and correct cross-references to those sections throughout 
 46.23  Minnesota Statutes and Minnesota Rules. 
 46.24               A                 B 
 46.25            518.002              517A.02, subd. 5 
 46.26            518.003              517A.01 
 46.27            518.005              517A.02 
 46.28            518.01               517A.07 
 46.29            518.02               517A.08 
 46.30            518.03               517A.09 
 46.31            518.04               517A.10 
 46.32            518.05               517A.11 
 46.33            518.055              517A.12 
 46.34            518.06               517A.15 
 46.35            518.07               517A.16 
 46.36            518.09               517A.18 
 47.1             518.091              517A.19 
 47.2             518.10               517A.20 
 47.3             518.11               517A.22 
 47.4             518.12               517A.23 
 47.5             518.13               517A.24 
 47.6             518.131              517A.03 
 47.7             518.14, subd. 1      517A.04 
 47.8             518.145              517A.28 
 47.9             518.146              517A.21 
 47.10            518.148              517A.26 
 47.11            518.191              517A.27 
 47.12            518.195              517A.17 
 47.13            518.25               517A.30 
 47.14            518.27               517A.25 
 47.15            518.54, subd. 1      517A.31, subd. 1 
 47.16            518.54, subd. 2a     517A.31, subd. 2 
 47.17            518.54, subd. 2b     517A.31, subd. 3 
 47.18            518.54, subd. 3      517A.31, subd. 4 
 47.19            518.54, subd. 4      517A.31, subd. 5 
 47.20            518.54, subd. 5      517A.31, subd. 6 
 47.21            518.54, subd. 6      517A.31, subd. 7 
 47.22            518.54, subd. 7      517A.31, subd. 8 
 47.23            518.54, subd. 8      517A.31, subd. 9 
 47.24            518.54, subd. 9      517A.31, subd. 10 
 47.25            518.54, subd. 10     517A.31, subd. 11 
 47.26            518.54, subd. 11     517A.31, subd. 12 
 47.27            518.54, subd. 12     517A.31, subd. 13 
 47.28            518.55, subd. 1      517A.32, subd. 4 
 47.29            518.55, subd. 3      517A.32, subd. 5 
 47.30            518.552, subd. 1     517A.32, subd. 1 
 47.31            518.552, subd. 2     517A.32, subd. 2 
 47.32            518.552, subd. 3     517A.32, subd. 3 
 47.33            518.552, subd. 4     517A.32, subd. 6 
 47.34            518.552, subd. 5     517A.32, subd. 7 
 47.35            518.58               517A.37 
 47.36            518.581              517A.39 
 48.1             518.582              517A.40 
 48.2             518.63               517A.41 
 48.3             518.64, subd. 1      517A.34, subd. 1
 48.4             518.64, subd. 2      517A.34, subd. 2
 48.5             518.64, subd. 3      517A.32, subd. 8
 48.6             518.641, subd. 1     517A.33, subd. 1
 48.7             518.641, subd. 2     517A.33, subd. 2 
 48.8             518.641, subd. 2a    517A.33, subd. 3 
 48.9             518.641, subd. 3     517A.43, subd. 4 
 48.10            518.642              517A.35
 48.11            518.646              517A.05 
 48.12            518.65               517A.38 
 48.13     Sec. 54.  [REPEALER.] 
 48.14     Minnesota Statutes 2004, sections 518.14, subdivision 2; 
 48.15  518.24; 518.55, subdivision 4; 518.62; 518.64, subdivisions 4, 
 48.16  4a, and 5; and 518.68, are repealed. 
 48.17                             ARTICLE 2 
 48.18              CUSTODY, PARENTING TIME, AND VISITATION 
 48.19                              GENERAL 
 48.20     Section 1.  [517B.01] [DEFINITIONS.] 
 48.21     Subdivision 1.  [SCOPE.] The definitions in this section 
 48.22  apply to this chapter.  
 48.23     Sec. 2.  [517B.03] [TEMPORARY ORDERS RELATING TO CUSTODY 
 48.24  AND PARENTING TIME.] 
 48.25     (a) A temporary order for custody or parenting time may be 
 48.26  sought under section 517A.03.  
 48.27     (b) A party seeking a temporary custody order must submit 
 48.28  with moving papers an affidavit setting forth facts supporting 
 48.29  the requested order.  The party must give notice and a copy of 
 48.30  the affidavit to other parties to the proceeding, who may file 
 48.31  opposing affidavits. 
 48.32     Sec. 3.  [517B.04] [CUSTODY, PARENTING TIME, AND VISITATION 
 48.33  NOTICES.] 
 48.34     A court order or judgment and decree concerning custody of 
 48.35  or parenting time with a minor child must contain the notice set 
 48.36  out in section 517C.99, subdivision 3. 
 49.1      Sec. 4.  [517B.05] [ATTORNEY FEES, COSTS, AND 
 49.2   DISBURSEMENTS.] 
 49.3      Attorney fees, costs, and disbursements must be awarded in 
 49.4   a proceeding under this chapter as provided by section 517A.04. 
 49.5      Sec. 5.  [517B.17] [CUSTODY OF CHILDREN.] 
 49.6      Subdivision 1.  [CUSTODY ORDER.] Upon adjudging the nullity 
 49.7   of a marriage, in a dissolution or legal separation proceeding, 
 49.8   or in a child custody proceeding, the court must make a further 
 49.9   order as it deems just and proper concerning: 
 49.10     (1) the legal custody of each minor child of the parties, 
 49.11  which must be sole or joint; and 
 49.12     (2) their physical custody and residence. 
 49.13     Subd. 2.  [STANDARD; PREFERENCE PROHIBITED.] In determining 
 49.14  custody, the court must consider the best interests of the child 
 49.15  and must not prefer one parent over the other solely on the 
 49.16  basis of the sex of the parent. 
 49.17     Subd. 3.  [THE BEST INTERESTS OF THE CHILD; FACTORS.] "The 
 49.18  best interests of the child" means all relevant factors to be 
 49.19  considered and evaluated by the court including: 
 49.20     (1) the wishes of the child's parent or parents as to 
 49.21  custody; 
 49.22     (2) the reasonable preference of the child, if the court 
 49.23  deems the child to be of sufficient age to express a preference; 
 49.24     (3) the child's primary caretaker; 
 49.25     (4) the intimacy of the relationship between each parent 
 49.26  and the child; 
 49.27     (5) the interaction and interrelationship of the child with 
 49.28  a parent or parents, siblings, and any other person who may 
 49.29  significantly affect the child's best interests; 
 49.30     (6) the child's adjustment to home, school, and community; 
 49.31     (7) the length of time the child has lived in a stable, 
 49.32  satisfactory environment and the desirability of maintaining 
 49.33  continuity; 
 49.34     (8) the permanence, as a family unit, of the existing or 
 49.35  proposed home; 
 49.36     (9) the mental and physical health of all individuals 
 50.1   involved; except that a disability, as defined in section 
 50.2   363.01, of a parent or the child is not determinative of the 
 50.3   custody of the child, unless the proposed custodial arrangement 
 50.4   is not in the best interest of the child; 
 50.5      (10) the capacity and disposition of the parties to give 
 50.6   the child love, affection, and guidance, and to continue 
 50.7   educating and raising the child in the child's culture and 
 50.8   religion or creed, if any; 
 50.9      (11) the child's cultural background; 
 50.10     (12) the effect on the child of the actions of an abuser, 
 50.11  if related to domestic abuse, as defined in section 518B.01, 
 50.12  that has occurred between the parents or between a parent and 
 50.13  another individual, whether or not the individual alleged to 
 50.14  have committed domestic abuse is or ever was a family or 
 50.15  household member of the parent; 
 50.16     (13) except in cases in which a finding of domestic abuse 
 50.17  as defined in section 518B.01 has been made, the disposition of 
 50.18  each parent to encourage and permit frequent and continuing 
 50.19  contact by the other parent with the child; and 
 50.20     (14) evidence of a violation of section 609.507. 
 50.21     Subd. 4.  [BEST INTERESTS DETERMINATION.] The court must 
 50.22  make detailed findings on each of the factors in subdivision 3 
 50.23  and explain how the factors led to its conclusion and to the 
 50.24  determination of the best interests of the child.  In 
 50.25  determining the best interests of a child, the court may not use 
 50.26  one factor in subdivision 3 to the exclusion of all others.  The 
 50.27  primary caretaker factor may not be used as a presumption in 
 50.28  determining the best interests of the child.  The court shall 
 50.29  not consider conduct of a parent that does not affect the 
 50.30  parent's relationship to the child. 
 50.31     Sec. 6.  [517B.18] [JOINT CUSTODY.] 
 50.32     Subdivision 1.  [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 
 50.33  addition to the factors listed in section 517B.17, if either 
 50.34  joint legal or joint physical custody is sought, the court must 
 50.35  consider the following relevant factors: 
 50.36     (1) the ability of parents to cooperate in the rearing of 
 51.1   their child; 
 51.2      (2) methods for resolving disputes regarding any major 
 51.3   decision concerning the life of the child, and the parents' 
 51.4   willingness to use those methods; 
 51.5      (3) whether it would be detrimental to the child if one 
 51.6   parent were to have sole authority over the child's upbringing; 
 51.7   and 
 51.8      (4) whether domestic abuse, as defined in section 518B.01, 
 51.9   has occurred between the parents. 
 51.10     Subd. 2.  [PRESUMPTIONS; FINDINGS.] (a) The court must use 
 51.11  a rebuttable presumption that, upon request of either or both 
 51.12  parents, joint legal custody is in the best interests of the 
 51.13  child.  However, the court must use a rebuttable presumption 
 51.14  that joint legal or physical custody is not in the best 
 51.15  interests of the child if domestic abuse, as defined in section 
 51.16  518B.01, has occurred between the parents. 
 51.17     (b) If the court awards joint legal or physical custody 
 51.18  over the objection of a parent, the court must make detailed 
 51.19  findings on each of the factors in this section and explain how 
 51.20  the factors led to its determination that joint custody would be 
 51.21  in the best interests of the child. 
 51.22     Subd. 3.  [JOINT CUSTODY; SUPPORT GUIDELINES.] An award of 
 51.23  joint legal custody is not a reason for departure from the child 
 51.24  support guidelines in sections 517C.12 to 517C.16. 
 51.25     Sec. 7.  [517B.19] [CUSTODY; ACCESS RIGHTS OF PARENTS; 
 51.26  LIMITATIONS.] 
 51.27     (a) Whether sole or joint legal custody is ordered, the 
 51.28  court must grant the following rights to each of the parties, 
 51.29  unless specific findings are made under section 517C.99, 
 51.30  subdivision 1.  Each party: 
 51.31     (1) has the right of access to, and to receive copies of, a 
 51.32  minor child's school, medical, dental, religious training, and 
 51.33  other important records and information; 
 51.34     (2) has the right of access to information regarding health 
 51.35  or dental insurance available to a minor child; 
 51.36     (3) must keep the other party informed as to the name and 
 52.1   address of the school a minor child attends; 
 52.2      (4) must notify the other party of any accident or serious 
 52.3   illness of a minor child, the name of the health care provider, 
 52.4   and the place of treatment; and 
 52.5      (5) has the right to reasonable access and telephone 
 52.6   contact with a minor child. 
 52.7      (b) Each party has the right to be informed by school 
 52.8   officials about a child's welfare, educational progress, and 
 52.9   status and to attend school and parent-teacher conferences.  The 
 52.10  school is not required to hold a separate conference for each 
 52.11  party. 
 52.12     (c) The court may waive any of the rights under this 
 52.13  section if it finds it is necessary to protect the welfare of a 
 52.14  party or child. 
 52.15     Sec. 8.  Minnesota Statutes 2004, section 518.003, 
 52.16  subdivision 3, is amended to read: 
 52.17     Subd. 3.  [CUSTODY.] Unless otherwise agreed by the parties:
 52.18     (a) "Legal custody" means the right to determine the 
 52.19  child's upbringing, including education, health care, and 
 52.20  religious training.  
 52.21     (b) "Joint legal custody" means that both parents have 
 52.22  equal rights and responsibilities, including the right to 
 52.23  participate in major decisions determining the child's 
 52.24  upbringing, including education, health care, and religious 
 52.25  training.  
 52.26     (c) "Physical custody and residence" means the routine 
 52.27  daily care and control and the residence of the child.  
 52.28     (d) "Joint physical custody" means that the routine daily 
 52.29  care and control and the residence of the child is structured 
 52.30  between the parties.  
 52.31     (e) Wherever used in this chapter, the term "Custodial 
 52.32  parent" or "custodian" means the person who has the physical 
 52.33  custody of the child at any particular time.  
 52.34     (f) "Custody determination" means a court decision and 
 52.35  court orders and instructions providing for the custody of a 
 52.36  child, including parenting time, but does not include a decision 
 53.1   relating to child support or any other monetary obligation of 
 53.2   any person.  
 53.3      (g) "Custody proceeding" includes proceedings in which a 
 53.4   custody determination is one of several issues, such as an 
 53.5   action for dissolution, divorce, or separation, and includes 
 53.6   proceedings involving children who are in need of protection or 
 53.7   services, domestic abuse, and paternity. 
 53.8      Sec. 9.  Minnesota Statutes 2004, section 518.155, is 
 53.9   amended to read: 
 53.10     518.155 [CUSTODY DETERMINATIONS AND PARENTING TIME 
 53.11  JURISDICTION.] 
 53.12     Notwithstanding any law to the contrary, a court in which a 
 53.13  proceeding for dissolution, legal separation, or child custody 
 53.14  has been commenced shall must not issue, revise, modify or amend 
 53.15  any order, pursuant to sections 518.131, 518.165, 518.168, 
 53.16  518.17, 518.175 or 518.18, which section 517B.03, 517B.08, 
 53.17  517B.16, 517B.21, or 517B.25, that affects the custody of a 
 53.18  minor child or the parenting time of a parent unless the court 
 53.19  has jurisdiction over the matter pursuant to the provisions of 
 53.20  under chapter 518D. 
 53.21     Sec. 10.  Minnesota Statutes 2004, section 518.156, is 
 53.22  amended to read: 
 53.23     518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.] 
 53.24     Subdivision 1.  [PROCEDURE.] In a court of this state which 
 53.25  that has jurisdiction to decide child custody matters, a child 
 53.26  custody proceeding is commenced by a parent: 
 53.27     (1) by filing a petition for dissolution or legal 
 53.28  separation; or 
 53.29     (2) where if a decree of dissolution or legal separation 
 53.30  has been entered or where none is sought, or when if paternity 
 53.31  has been recognized under section 257.75, by filing a petition 
 53.32  or motion seeking custody or parenting time with the child in 
 53.33  the county where the child is permanently resident or where the 
 53.34  child is found or where an earlier order for custody of the 
 53.35  child has been entered. 
 53.36     Subd. 2.  [REQUIRED NOTICE.] Written notice of a child 
 54.1   custody or parenting time or visitation proceeding shall must be 
 54.2   given to the child's parent, guardian, and custodian, who may 
 54.3   appear and be heard and may file a responsive pleading.  The 
 54.4   court may, upon a showing of good cause, permit the intervention 
 54.5   of other interested parties. 
 54.6      Sec. 11.  Minnesota Statutes 2004, section 518.157, 
 54.7   subdivision 1, is amended to read: 
 54.8      Subdivision 1.  [IMPLEMENTATION; ADMINISTRATION.] By 
 54.9   January 1, 1998, The chief judge of each judicial district or a 
 54.10  designee shall must implement one or more parent education 
 54.11  programs within the judicial district for the purpose of 
 54.12  educating parents about the impact that divorce, the 
 54.13  restructuring of families, and judicial proceedings have upon 
 54.14  children and families; methods for preventing parenting time 
 54.15  conflicts; and dispute resolution options.  The chief judge of 
 54.16  each judicial district or a designee may require that children 
 54.17  attend a separate education program designed to deal with the 
 54.18  impact of divorce upon children as part of the parent education 
 54.19  program.  Each parent education program must enable persons to 
 54.20  have timely and reasonable access to education sessions.  
 54.21     Sec. 12.  Minnesota Statutes 2004, section 518.157, 
 54.22  subdivision 2, is amended to read: 
 54.23     Subd. 2.  [MINIMUM STANDARDS; PLAN.] The Minnesota Supreme 
 54.24  Court should promulgate minimum standards for the implementation 
 54.25  and administration of a parent education program.  The chief 
 54.26  judge of each judicial district or a designee shall must submit 
 54.27  a plan to the Minnesota conference of chief judges for their 
 54.28  approval that is designed to implement and administer a parent 
 54.29  education program in the judicial district.  The plan must be 
 54.30  consistent with the minimum standards promulgated by the 
 54.31  Minnesota Supreme Court.  
 54.32     Sec. 13.  Minnesota Statutes 2004, section 518.157, 
 54.33  subdivision 3, is amended to read: 
 54.34     Subd. 3.  [ATTENDANCE.] In a proceeding under this chapter 
 54.35  where custody or parenting time is contested, the parents of a 
 54.36  minor child shall must attend a minimum of eight hours in an 
 55.1   orientation and education program that meets the minimum 
 55.2   standards promulgated by the Minnesota Supreme Court.  In all 
 55.3   other proceedings involving custody, support, or parenting time 
 55.4   the court may order the parents of a minor child to attend a 
 55.5   parent education program.  The program shall must provide the 
 55.6   court with names of persons who fail to attend the parent 
 55.7   education program as ordered by the court.  Persons who are 
 55.8   separated or contemplating involvement in a dissolution, 
 55.9   paternity, custody, or parenting time proceeding may attend a 
 55.10  parent education program without a court order.  Unless 
 55.11  otherwise ordered by the court, participation in a parent 
 55.12  education program must begin within 30 days after the first 
 55.13  filing with the court or as soon as practicable after that time 
 55.14  based on the reasonable availability of classes for the program 
 55.15  for the parent.  Parent education programs must offer an 
 55.16  opportunity to participate at all phases of a pending or 
 55.17  postdecree proceeding.  Upon request of a party and a showing of 
 55.18  good cause, the court may excuse the party from attending the 
 55.19  program.  If past or present domestic abuse, as defined in 
 55.20  chapter 518B, is alleged, the court shall must not require the 
 55.21  parties to attend the same parent education sessions and shall 
 55.22  must enter an order setting forth the manner in which the 
 55.23  parties may safely participate in the program. 
 55.24     Sec. 14.  Minnesota Statutes 2004, section 518.157, 
 55.25  subdivision 5, is amended to read: 
 55.26     Subd. 5.  [CONFIDENTIALITY.] Unless all parties agree in 
 55.27  writing, statements made by a party during participation in a 
 55.28  parent education program are inadmissible as evidence for any 
 55.29  purpose, including impeachment.  No record may be made regarding 
 55.30  a party's participation in a parent education program, except a 
 55.31  record of attendance at and completion of the program as 
 55.32  required under this section.  Instructors shall must not 
 55.33  disclose information regarding an individual participant 
 55.34  obtained as a result of participation in a parent education 
 55.35  program.  Parent education instructors may not be subpoenaed or 
 55.36  called as witnesses in court proceedings.  
 56.1      Sec. 15.  Minnesota Statutes 2004, section 518.157, 
 56.2   subdivision 6, is amended to read: 
 56.3      Subd. 6.  [FEE.] Except as provided in this subdivision, 
 56.4   each person who attends a parent education program shall must 
 56.5   pay a fee to defray the cost of the program.  A party who 
 56.6   qualifies for waiver of filing fees under section 563.01 is 
 56.7   exempt from paying the parent education program fee, and the 
 56.8   court shall must waive the fee or direct its payment under 
 56.9   section 563.01.  Program providers shall implement a sliding fee 
 56.10  scale. 
 56.11     Sec. 16.  Minnesota Statutes 2004, section 518.165, is 
 56.12  amended to read: 
 56.13     518.165 [GUARDIANS FOR MINOR CHILDREN.] 
 56.14     Subdivision 1.  [PERMISSIVE APPOINTMENT OF GUARDIAN AD 
 56.15  LITEM.] In all proceedings for child custody or for dissolution 
 56.16  or legal separation where custody or parenting time with a minor 
 56.17  child is in issue, the court may appoint a guardian ad litem 
 56.18  from a panel established by the court to represent the interests 
 56.19  of the child.  The guardian ad litem shall must advise the court 
 56.20  with respect to custody, support, and parenting time.  
 56.21     Subd. 2.  [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] The 
 56.22  court must appoint a guardian ad litem in all proceedings for 
 56.23  child custody or for marriage dissolution or legal separation in 
 56.24  which custody or parenting time with a minor child is an issue, 
 56.25  if the court has reason to believe that the minor child is a 
 56.26  victim of domestic child abuse or neglect, as those terms are 
 56.27  defined in sections 260C.007 and 626.556, respectively, the 
 56.28  court shall appoint a guardian ad litem.  The guardian ad litem 
 56.29  shall must represent the interests of the child and advise the 
 56.30  court with respect to custody, support, and parenting time.  If 
 56.31  the child is represented by a guardian ad litem in any other 
 56.32  pending proceeding, the court may appoint that guardian to 
 56.33  represent the child in the custody or parenting time 
 56.34  proceeding.  No guardian ad litem need be appointed if the 
 56.35  alleged domestic child abuse or neglect is before the court on a 
 56.36  juvenile dependency and neglect petition.  Nothing in this 
 57.1   subdivision requires the court to appoint a guardian ad litem in 
 57.2   any proceeding for child custody, marriage dissolution, or legal 
 57.3   separation in which an allegation of domestic child abuse or 
 57.4   neglect has not been made. 
 57.5      Subd. 2a.  [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 
 57.6   guardian ad litem shall must carry out the following 
 57.7   responsibilities: 
 57.8      (1) conduct an independent investigation to determine the 
 57.9   facts relevant to the situation of the child and the family, 
 57.10  which must include, unless specifically excluded by the court, 
 57.11  reviewing relevant documents; meeting with and observing the 
 57.12  child in the home setting and considering the child's wishes, as 
 57.13  appropriate; and interviewing parents, caregivers, and others 
 57.14  with knowledge relevant to the case; 
 57.15     (2) advocate for the child's best interests by 
 57.16  participating in appropriate aspects of the case and advocating 
 57.17  for appropriate community services when necessary; 
 57.18     (3) maintain the confidentiality of information related to 
 57.19  a case, with the exception of sharing information as permitted 
 57.20  by law to promote cooperative solutions that are in the best 
 57.21  interests of the child; 
 57.22     (4) monitor the child's best interests throughout the 
 57.23  judicial proceeding; and 
 57.24     (5) present written reports on the child's best interests 
 57.25  that include conclusions and recommendations and the facts upon 
 57.26  which they are based. 
 57.27     Subd. 3.  [FEES.] (a) A guardian ad litem appointed under 
 57.28  either subdivision 1 or 2 may be appointed either as a volunteer 
 57.29  or on a fee basis.  If a guardian ad litem is appointed on a fee 
 57.30  basis, the court shall must enter an order for costs, fees, and 
 57.31  disbursements in favor of the child's guardian ad litem.  The 
 57.32  order may be made against either or both parties, except that 
 57.33  any part of the costs, fees, or disbursements which the court 
 57.34  finds the parties are incapable of paying shall must be borne by 
 57.35  the state courts.  The costs of court-appointed counsel to the 
 57.36  guardian ad litem shall must be paid by the county in which the 
 58.1   proceeding is being held if a party is incapable of paying for 
 58.2   them.  Until the recommendations of the task force created in 
 58.3   Laws 1999, chapter 216, article 7, section 42, are implemented, 
 58.4   the costs of court-appointed counsel to a guardian ad litem in 
 58.5   the Eighth Judicial District shall must be paid by the state 
 58.6   courts if a party is incapable of paying for them.  In no event 
 58.7   may the court order that costs, fees, or disbursements be paid 
 58.8   by a party receiving public assistance or legal assistance or by 
 58.9   a party whose annual income falls below the poverty line as 
 58.10  established under United States Code, title 42, section 9902(2). 
 58.11     (b) In each fiscal year, the commissioner of finance shall 
 58.12  must deposit guardian ad litem reimbursements in the general 
 58.13  fund and credit them to a separate account with the trial 
 58.14  courts.  The balance of this account is appropriated to the 
 58.15  trial courts and does not cancel but is available until 
 58.16  expended.  Expenditures by the state court administrator's 
 58.17  office from this account must be based on the amount of the 
 58.18  guardian ad litem reimbursements received by the state from the 
 58.19  courts in each judicial district. 
 58.20     Sec. 17.  Minnesota Statutes 2004, section 518.166, is 
 58.21  amended to read: 
 58.22     518.166 [INTERVIEWS; RECOMMENDATIONS.] 
 58.23     The court may interview the child in chambers to ascertain 
 58.24  the child's reasonable preference as to custodian regarding with 
 58.25  which parent the child would reside, if the court deems the 
 58.26  child to be of sufficient age to express preference.  The 
 58.27  court shall must permit counsel to be present at the interview 
 58.28  and shall must permit counsel to propound reasonable questions 
 58.29  to the child either directly or through the court.  The 
 58.30  court shall must cause a record of the interview to be made and 
 58.31  to be made part of the record in the case unless waived by the 
 58.32  parties. 
 58.33     In contested custody proceedings, and in other custody 
 58.34  proceedings if a parent or the child's custodian requests, the 
 58.35  court may seek the recommendations of professional personnel 
 58.36  whether or not they are employed on a regular basis by the 
 59.1   court.  The recommendations given shall must be in writing and 
 59.2   shall must be made available by the court to counsel upon 
 59.3   request.  Counsel may call for cross-examination of professional 
 59.4   personnel consulted by the court.  
 59.5      Sec. 18.  Minnesota Statutes 2004, section 518.167, 
 59.6   subdivision 3, is amended to read: 
 59.7      Subd. 3.  [AVAILABILITY TO COUNSEL.] The court shall must 
 59.8   mail the investigator's report to counsel and to any party not 
 59.9   represented by counsel at least ten days before the hearing.  
 59.10  The investigator shall must maintain and, upon request, make 
 59.11  available to counsel and to a party not represented by counsel 
 59.12  the investigator's file of underlying data and reports, complete 
 59.13  texts of diagnostic reports made to the investigator pursuant to 
 59.14  the provisions of subdivision 2, and the names and addresses of 
 59.15  all persons whom the investigator has consulted.  The 
 59.16  investigator and any person the investigator has consulted is 
 59.17  subject to other pretrial discovery in accordance with the 
 59.18  requirements of the Minnesota Rules of Civil Procedure. 
 59.19  Mediation proceedings are not subject to discovery without 
 59.20  written consent of both parties.  A party to the proceeding may 
 59.21  call the investigator and any person whom the investigator has 
 59.22  consulted for cross-examination at the hearing.  A party may not 
 59.23  waive the right of cross-examination before the hearing. 
 59.24     Sec. 19.  Minnesota Statutes 2004, section 518.167, 
 59.25  subdivision 4, is amended to read: 
 59.26     Subd. 4.  [USE AT DISCOVERY; HEARING.] The investigator and 
 59.27  any person the investigator has consulted is subject to other 
 59.28  pretrial discovery in accordance with the requirements of the 
 59.29  Minnesota Rules of Civil Procedure.  Mediation proceedings are 
 59.30  not subject to discovery without written consent of both 
 59.31  parties.  A party to the proceeding may cross-examine at the 
 59.32  hearing the investigator and any person whom the investigator 
 59.33  has consulted for cross-examination.  A party may not waive the 
 59.34  right of cross-examination before the hearing.  The 
 59.35  investigator's report may be received in evidence at the hearing.
 59.36     Sec. 20.  Minnesota Statutes 2004, section 518.167, 
 60.1   subdivision 5, is amended to read: 
 60.2      Subd. 5.  [COSTS.] The court shall must order all or part 
 60.3   of the cost of the investigation and report to be paid by either 
 60.4   or both parties, based on their ability to pay.  Any part of the 
 60.5   cost that the court finds the parties are incapable of paying 
 60.6   must be borne by the county welfare local social services agency 
 60.7   or department of court services that performs the 
 60.8   investigation.  The court may not order costs under this 
 60.9   subdivision to be paid by a party receiving public assistance or 
 60.10  legal assistance from a qualified legal services program or by a 
 60.11  party whose annual income falls below the poverty line under 
 60.12  United States Code, title 42, section 9902(2). 
 60.13     Sec. 21.  Minnesota Statutes 2004, section 518.168, is 
 60.14  amended to read: 
 60.15     518.168 [HEARINGS.] 
 60.16     (a) Custody proceedings shall must receive priority in 
 60.17  being set for hearing. 
 60.18     (b) The court may tax as costs the payment of necessary 
 60.19  travel and other expenses incurred by a person whose presence at 
 60.20  the hearing the court deems necessary to determine the best 
 60.21  interests of the child. 
 60.22     (c) The court without a jury shall must determine questions 
 60.23  of law and fact.  If it finds that a public hearing may be 
 60.24  detrimental to the child's best interests, the court may exclude 
 60.25  the public from a custody hearing, but may admit any person who 
 60.26  has a direct interest in the particular case. 
 60.27     (d) If the court finds it necessary for the protection of 
 60.28  the child's welfare that the record of an interview, report, 
 60.29  investigation, or testimony in a custody proceeding not be kept 
 60.30  secret disclosed, the court may make an appropriate order 
 60.31  sealing the record. 
 60.32     Sec. 22.  Minnesota Statutes 2004, section 518.1705, 
 60.33  subdivision 2, is amended to read: 
 60.34     Subd. 2.  [PLAN ELEMENTS.] (a) A parenting plan must 
 60.35  include the following: 
 60.36     (1) a schedule of the time each parent spends with the 
 61.1   child; 
 61.2      (2) a designation of decision-making responsibilities 
 61.3   regarding the child; and 
 61.4      (3) a method of dispute resolution. 
 61.5      (b) A parenting plan may include other issues and matters 
 61.6   the parents agree to regarding the child. 
 61.7      (c) Parents voluntarily agreeing to parenting plans may 
 61.8   substitute other terms for physical and legal custody, including 
 61.9   designations of joint or sole custody, provided that if the 
 61.10  terms used in the substitution are defined in the parenting plan.
 61.11     Sec. 23.  Minnesota Statutes 2004, section 518.1705, 
 61.12  subdivision 6, is amended to read: 
 61.13     Subd. 6.  [RESTRICTIONS ON PREPARATION AND CONTENT OF 
 61.14  PARENTING PLAN.] (a) Dispute resolution processes other than the 
 61.15  judicial process may not be required in the preparation of a 
 61.16  parenting plan if a parent is alleged to have committed domestic 
 61.17  abuse toward a parent or child who is a party to, or subject of, 
 61.18  the matter before the court.  In these cases, the court shall 
 61.19  must consider the appointment of a guardian ad litem and a 
 61.20  parenting plan evaluator.  
 61.21     (b) The court may not require a parenting plan that 
 61.22  provides for joint legal custody or use of dispute resolution 
 61.23  processes, other than the judicial process, if the court finds 
 61.24  that section 518.179 applies, or the court finds that either 
 61.25  parent has engaged in the following toward a parent or child who 
 61.26  is a party to, or subject of, the matter before the court: 
 61.27     (1) acts of domestic abuse, including physical harm, bodily 
 61.28  injury, and infliction of fear of physical harm, assault, 
 61.29  terroristic threats, or criminal sexual conduct; 
 61.30     (2) physical, sexual, or a pattern of emotional abuse of a 
 61.31  child; or 
 61.32     (3) willful abandonment that continues for an extended 
 61.33  period of time or substantial refusal to perform parenting 
 61.34  functions. 
 61.35     Sec. 24.  Minnesota Statutes 2004, section 518.1705, 
 61.36  subdivision 7, is amended to read: 
 62.1      Subd. 7.  [MOVING THE CHILD TO ANOTHER STATE.] Parents may 
 62.2   agree, but the court must not require, that in a parenting plan 
 62.3   the factors in section 518.17 or 257.025, as applicable, will 
 62.4   govern a decision concerning removal of a child's residence from 
 62.5   this state, provided that if: 
 62.6      (1) both parents were represented by counsel when the 
 62.7   parenting plan was approved; or 
 62.8      (2) the court found the parents were fully informed, the 
 62.9   agreement was voluntary, and the parents were aware of its 
 62.10  implications. 
 62.11     Sec. 25.  Minnesota Statutes 2004, section 518.1705, 
 62.12  subdivision 8, is amended to read: 
 62.13     Subd. 8.  [ALLOCATION OF CERTAIN EXPENSES.] (a) Parents 
 62.14  creating a parenting plan are subject to the requirements of the 
 62.15  child support guidelines under section 518.551 sections 517C.12 
 62.16  to 517C.18.  
 62.17     (b) Parents may include in the parenting plan an allocation 
 62.18  of expenses for the child.  The allocation is an enforceable 
 62.19  contract between the parents. 
 62.20     Sec. 26.  Minnesota Statutes 2002, section 518.1705, 
 62.21  subdivision 9, is amended to read: 
 62.22     Subd. 9.  [MODIFICATION OF PARENTING PLANS.] (a) Parents 
 62.23  may modify the schedule of the time each parent spends with the 
 62.24  child or the decision-making provisions of a parenting plan by 
 62.25  agreement.  To be enforceable, modifications must be confirmed 
 62.26  by court order.  A motion to modify decision-making provisions 
 62.27  or the time each parent spends with the child may be made only 
 62.28  within the time limits provided by section 518.18. 
 62.29     (b) The parties may agree, but the court must not require 
 62.30  them, to apply the best interests standard in section 518.17 or 
 62.31  257.025, as applicable, for deciding a motion for modification 
 62.32  that would change the child's primary residence, provided that 
 62.33  if: 
 62.34     (1) both parties were represented by counsel when the 
 62.35  parenting plan was approved; or 
 62.36     (2) the court found the parties were fully informed, the 
 63.1   agreement was voluntary, and the parties were aware of its 
 63.2   implications. 
 63.3      (c) If the parties do not agree to apply the best interests 
 63.4   standard, section 518.18, paragraph (d), applies. 
 63.5      Sec. 27.  Minnesota Statutes 2004, section 518.175, is 
 63.6   amended to read: 
 63.7      518.175 [PARENTING TIME.] 
 63.8      Subdivision 1.  [GENERAL.] (a) In all proceedings for 
 63.9   dissolution or legal separation, subsequent to the commencement 
 63.10  of the proceeding and continuing thereafter during the minority 
 63.11  of the child, the court shall must, upon the request of either 
 63.12  parent, grant such parenting time on behalf of the child and a 
 63.13  parent as that will enable the child and the parent to maintain 
 63.14  a child to parent relationship that will be in the best 
 63.15  interests of the child. 
 63.16     (b) If the court finds, after a hearing, that parenting 
 63.17  time with a parent is likely to endanger the child's physical or 
 63.18  emotional health or impair the child's emotional development, 
 63.19  the court shall must restrict parenting time with that parent as 
 63.20  to time, place, duration, or supervision and may deny parenting 
 63.21  time entirely, as the circumstances warrant.  The court shall 
 63.22  must consider the age of the child and the child's relationship 
 63.23  with the parent prior to before the commencement of the 
 63.24  proceeding. 
 63.25     (c) A parent's failure to pay support because of the 
 63.26  parent's inability to do so shall is not be sufficient cause for 
 63.27  denial of parenting time. 
 63.28     (b) (d) The court may provide that a law enforcement 
 63.29  officer or other appropriate person will accompany a party 
 63.30  seeking to enforce or comply with parenting time. 
 63.31     (c) (e) Upon request of either party, to the extent 
 63.32  practicable an order for parenting time must include a specific 
 63.33  schedule for parenting time, including the frequency and 
 63.34  duration of visitation and visitation during holidays and 
 63.35  vacations, unless parenting time is restricted, denied, or 
 63.36  reserved. 
 64.1      (d) (f) The court administrator shall must provide a form 
 64.2   for a pro se motion regarding parenting time disputes, 
 64.3   which includes must include provisions for indicating the relief 
 64.4   requested, an affidavit in which the party may state the facts 
 64.5   of the dispute, and a brief description of the parenting time 
 64.6   expeditor process under section 518.1751.  The form may not 
 64.7   include a request for a change of custody.  The court shall must 
 64.8   provide instructions on serving and filing the motion. 
 64.9      Subd. 1a.  [DOMESTIC ABUSE; SUPERVISED PARENTING TIME.] (a) 
 64.10  If a parent requests supervised parenting time under subdivision 
 64.11  1 or 5 and an order for protection under chapter 518B or a 
 64.12  similar law of another state is in effect against the other 
 64.13  parent to protect the child or the parent with whom the child 
 64.14  resides or the child, the judge or judicial officer must 
 64.15  consider the order for protection in making a decision regarding 
 64.16  parenting time. 
 64.17     (b) The state court administrator, in consultation with 
 64.18  representatives of parents and other interested persons, shall 
 64.19  must develop standards to be met by persons who are responsible 
 64.20  for supervising parenting time.  Either parent may challenge the 
 64.21  appropriateness of an individual chosen by the court to 
 64.22  supervise parenting time. 
 64.23     Subd. 2.  [RIGHTS OF CHILDREN AND PARENTS.] Upon the 
 64.24  request of either parent, the court may inform any child of the 
 64.25  parties, if eight years of age or older, or otherwise of an age 
 64.26  of suitable comprehension, of the rights of the child and each 
 64.27  parent under the order or decree or any substantial amendment 
 64.28  thereof of it.  The parent with whom the child resides shall 
 64.29  must present the child for parenting time with the other parent, 
 64.30  at such the times as the court directs. 
 64.31     Subd. 3.  [MOVE TO ANOTHER STATE.] The parent with whom the 
 64.32  child resides shall must not move the child's residence of the 
 64.33  child to another state except upon order of the court or with 
 64.34  the consent of the other parent, if the other parent has been 
 64.35  given parenting time by the decree.  If the purpose of the move 
 64.36  is to interfere with parenting time given to the other parent by 
 65.1   the decree, the court shall must not permit the child's 
 65.2   residence to be moved to another state. 
 65.3      Subd. 5.  [MODIFICATION OF PARENTING PLAN OR ORDER FOR 
 65.4   PARENTING TIME.] (a) If modification would serve the best 
 65.5   interests of the child, the court shall must modify the 
 65.6   decision-making provisions of a parenting plan or an order 
 65.7   granting or denying parenting time, if the modification would 
 65.8   not change the child's primary residence.  Except as provided in 
 65.9   section 631.52, the court may not restrict parenting time unless 
 65.10  it finds that:  
 65.11     (1) parenting time is likely to endanger the child's 
 65.12  physical or emotional health or impair the child's emotional 
 65.13  development; or 
 65.14     (2) the parent has chronically and unreasonably failed to 
 65.15  comply with court-ordered parenting time. 
 65.16     (b) If a parent makes specific allegations that parenting 
 65.17  time by the other parent places the parent or child in danger of 
 65.18  harm, the court shall must hold a hearing at the earliest 
 65.19  possible time to determine the need to modify the order granting 
 65.20  parenting time.  Consistent with subdivision 1a 2, the court may 
 65.21  require a third party, including the local social services 
 65.22  agency, to supervise the parenting time or may restrict a 
 65.23  parent's parenting time if necessary to protect the other parent 
 65.24  or child from harm.  If there is an existing order for 
 65.25  protection governing the parties, the court shall must consider 
 65.26  the use of an independent, neutral exchange location for 
 65.27  parenting time. 
 65.28     Subd. 6.  [REMEDIES.] (a) The court may provide for one or 
 65.29  more of the following remedies for denial of or interference 
 65.30  with court-ordered parenting time as provided under this 
 65.31  subdivision.  All parenting time orders must include notice of 
 65.32  the provisions of this subdivision. 
 65.33     (b) If the court finds that a person parent has been 
 65.34  deprived of court-ordered parenting time, the court shall must 
 65.35  order the parent who has interfered caused the deprivation to 
 65.36  allow compensatory parenting time to the other parent or the 
 66.1   court shall must make specific findings as to why a request for 
 66.2   compensatory parenting time is denied.  If compensatory 
 66.3   parenting time is awarded, additional parenting time must be: 
 66.4      (1) at least of the same type and duration as the deprived 
 66.5   parenting time and, at the discretion of the court, may be in 
 66.6   excess of or of a different type than the deprived parenting 
 66.7   time; 
 66.8      (2) taken within one year after the deprived parenting 
 66.9   time; and 
 66.10     (3) at a time acceptable to the parent deprived of 
 66.11  parenting time. 
 66.12     (c) If the court finds that a party has wrongfully failed 
 66.13  to comply with a parenting time order or a binding agreement or 
 66.14  decision under section 518.1751, the court may: 
 66.15     (1) impose a civil penalty of up to $500 on the party; 
 66.16     (2) require the party to post a bond with the court for a 
 66.17  specified period of time to secure the party's compliance; 
 66.18     (3) award reasonable attorney's fees and costs; 
 66.19     (4) require the party who violated the parenting time order 
 66.20  or binding agreement or decision of the parenting time expeditor 
 66.21  to reimburse the other party for costs incurred as a result of 
 66.22  the violation of the order or, agreement, or decision; or 
 66.23     (5) award any other remedy that the court finds to be in 
 66.24  the best interests of the children involved. 
 66.25     A civil penalty imposed under this paragraph must be 
 66.26  deposited in the county general fund and must be used to fund 
 66.27  the costs of a parenting time expeditor program in a county with 
 66.28  this program.  In other counties, the civil penalty must be 
 66.29  deposited in the state general fund. 
 66.30     (d) If the court finds that a party has been denied 
 66.31  parenting time and has incurred expenses in connection with the 
 66.32  denied parenting time, the court may require the party who 
 66.33  denied parenting time to post a bond in favor of the other party 
 66.34  in the amount of prepaid expenses associated with upcoming 
 66.35  planned parenting time. 
 66.36     (e) Proof of an unwarranted denial of or interference with 
 67.1   duly established parenting time may constitute contempt of court 
 67.2   and may be sufficient cause for reversal of custody. 
 67.3      Subd. 8.  [ADDITIONAL PARENTING TIME FOR CHILD CARE 
 67.4   PARENT.] The court may allow additional parenting time to a 
 67.5   parent to provide child care while the other parent is working 
 67.6   if this arrangement is reasonable and in the best interests of 
 67.7   the child, as defined in section 518.17, subdivision 1.  In 
 67.8   addition, the court shall must consider: 
 67.9      (1) the ability of the parents to cooperate; 
 67.10     (2) methods for resolving disputes regarding the care of 
 67.11  the child, and the parents' willingness to use those methods; 
 67.12  and 
 67.13     (3) whether domestic abuse, as defined in section 518B.01, 
 67.14  has occurred between the parties. 
 67.15     Sec. 28.  Minnesota Statutes 2004, section 518.1751, 
 67.16  subdivision 1b, is amended to read: 
 67.17     Subd. 1b.  [PURPOSE; DEFINITIONS.] (a) The purpose of a 
 67.18  parenting time expeditor is to resolve parenting time disputes 
 67.19  by enforcing, interpreting, clarifying, and addressing 
 67.20  circumstances not specifically addressed by an existing 
 67.21  parenting time order and, if appropriate, to make a 
 67.22  determination as to whether the existing parenting time order 
 67.23  has been violated.  A parenting time expeditor may be appointed 
 67.24  to resolve a onetime parenting time dispute or to provide 
 67.25  ongoing parenting time dispute resolution services.  A parenting 
 67.26  time expeditor must attempt to resolve a parenting time dispute 
 67.27  by facilitating negotiations between the parties to promote 
 67.28  settlement.  If it becomes apparent that the dispute cannot be 
 67.29  resolved by an agreement of the parties, the parenting time 
 67.30  expeditor must make a decision resolving the dispute. 
 67.31     (b) For purposes of this section, "parenting time dispute" 
 67.32  means a disagreement among parties about parenting time with a 
 67.33  child, including a dispute about an anticipated denial of future 
 67.34  scheduled parenting time.  "Parenting time dispute" includes a 
 67.35  claim by a parent that the other parent is not spending time 
 67.36  with a child as well as a claim by a parent that the other 
 68.1   parent is denying or interfering with parenting time. 
 68.2      (c) A "parenting time expeditor" is a neutral person 
 68.3   authorized to use a mediation-arbitration process to resolve 
 68.4   parenting time disputes.  A parenting time expeditor shall 
 68.5   attempt to resolve a parenting time dispute by facilitating 
 68.6   negotiations between the parties to promote settlement and, if 
 68.7   it becomes apparent that the dispute cannot be resolved by an 
 68.8   agreement of the parties, the parenting time expeditor shall 
 68.9   make a decision resolving the dispute. 
 68.10     Sec. 29.  Minnesota Statutes 2004, section 518.1751, 
 68.11  subdivision 2, is amended to read: 
 68.12     Subd. 2.  [APPOINTMENT.] (a) The parties may stipulate to 
 68.13  the appointment of a parenting time expeditor or a team of two 
 68.14  expeditors without appearing in court by submitting.  The 
 68.15  parties may submit to the court a written agreement identifying 
 68.16  the names of the individuals to be appointed by the court; the 
 68.17  nature of the dispute; the responsibilities of the parenting 
 68.18  time expeditor, including whether the expeditor is appointed to 
 68.19  resolve a specific issue or on an ongoing basis; the term of the 
 68.20  appointment; and the apportionment of fees and costs.  The court 
 68.21  shall must review the agreement of the parties.  
 68.22     (b) If the parties cannot agree on a parenting time 
 68.23  expeditor, the court shall must provide to the parties them with 
 68.24  a copy of the court administrator's roster of parenting time 
 68.25  expeditors and require the parties to exchange the names of 
 68.26  three potential parenting time expeditors by a specific date.  
 68.27  If after exchanging names the parties are unable to agree upon a 
 68.28  parenting time expeditor, the court shall must select the 
 68.29  parenting time expeditor and, in its discretion, may appoint one 
 68.30  expeditor or a team of two expeditors.  In the selection process 
 68.31  the court must give consideration to the financial circumstances 
 68.32  of the parties and the fees of those being considered 
 68.33  as parenting time expeditors.  Preference must be given to 
 68.34  persons who agree to volunteer their services or who will charge 
 68.35  a variable fee for services based on the ability of the parties 
 68.36  to pay for them. 
 69.1      (c) An order appointing a parenting time expeditor must 
 69.2   identify the name of the individual to be appointed, the nature 
 69.3   of the dispute, the responsibilities of the expeditor including 
 69.4   whether the expeditor is appointed to resolve a specific issue 
 69.5   or on an ongoing basis, the term of the appointment, the 
 69.6   apportionment of fees, and notice that if the parties are unable 
 69.7   to reach an agreement with the expeditor's assistance of the 
 69.8   expeditor, the expeditor is authorized to make a decision 
 69.9   resolving the dispute which is binding upon the parties unless 
 69.10  modified or vacated by the court.  
 69.11     Sec. 30.  Minnesota Statutes 2004, section 518.1751, 
 69.12  subdivision 2a, is amended to read: 
 69.13     Subd. 2a.  [FEES.] Prior to Before appointing the parenting 
 69.14  time expeditor, the court shall must give the parties notice 
 69.15  that the expeditor's fees of the expeditor will be apportioned 
 69.16  among the parties.  In its order appointing the expeditor, the 
 69.17  court shall must apportion the expeditor's fees of the expeditor 
 69.18  among the parties, with each party bearing the portion of fees 
 69.19  that the court determines is just and equitable under the 
 69.20  circumstances.  If a party files a pro se motion regarding a 
 69.21  parenting time dispute and there is not a an existing court 
 69.22  order that provides for apportionment of apportioning the fees 
 69.23  of an expeditor, the court administrator may require the party 
 69.24  requesting the appointment of an expeditor to pay the 
 69.25  expeditor's fees of the expeditor in advance.  Neither party may 
 69.26  be required to submit a dispute to a visitation an expeditor if 
 69.27  the party cannot afford to pay for the fees of an expeditor and 
 69.28  an affordable expeditor is not available, unless the other party 
 69.29  agrees to pay the fees.  After fees are incurred, a party may by 
 69.30  motion request that the fees be reapportioned on equitable 
 69.31  grounds.  The court may consider the resources of the parties, 
 69.32  the nature of the dispute, and whether a party acted in bad 
 69.33  faith.  The court may consider information from the expeditor in 
 69.34  determining bad faith.  
 69.35     Sec. 31.  Minnesota Statutes 2004, section 518.1751, 
 69.36  subdivision 2b, is amended to read: 
 70.1      Subd. 2b.  [ROSTER OF PARENTING TIME EXPEDITORS.] Each The 
 70.2   court administrator shall must maintain and make available 
 70.3   to judicial officers and the public and judicial officers a 
 70.4   roster of individuals available to serve as parenting time 
 70.5   expeditors, including.  The roster must include each 
 70.6   individual's name, address, telephone number, and fee charged, 
 70.7   if any.  A court administrator shall must not place on the 
 70.8   roster the name of an individual who has not completed the 
 70.9   training required in subdivision 2c.  If the use of a parenting 
 70.10  time an expeditor is initiated by stipulation of the parties, 
 70.11  the parties may agree upon a person to serve as an expeditor 
 70.12  even if that person has not completed the training described in 
 70.13  subdivision 2c.  The court may appoint a person to serve as an 
 70.14  expeditor even if the a person who is not on the court 
 70.15  administrator's roster, but may not appoint a person who has not 
 70.16  completed the training described in subdivision 2c, unless so 
 70.17  stipulated by the parties.  To maintain one's listing on a court 
 70.18  administrator's roster of parenting time expeditors, an 
 70.19  individual shall must annually submit to the court administrator 
 70.20  proof of completion of continuing education requirements.  
 70.21     Sec. 32.  Minnesota Statutes 2004, section 518.1751, 
 70.22  subdivision 2c, is amended to read: 
 70.23     Subd. 2c.  [TRAINING AND CONTINUING EDUCATION 
 70.24  REQUIREMENTS.] To qualify for listing on a court administrator's 
 70.25  roster of parenting time expeditors, an individual shall must 
 70.26  complete a minimum of 40 hours of family mediation training that 
 70.27  has been certified by the Minnesota Supreme Court, which.  The 
 70.28  training must include certified training in domestic abuse 
 70.29  issues as required under Rule 114 of the Minnesota General Rules 
 70.30  of Practice for the District Courts.  To maintain one's listing 
 70.31  remain listed on a court administrator's roster of parenting 
 70.32  time expeditors, an individual shall must annually attend three 
 70.33  hours of continuing education about alternative dispute 
 70.34  resolution subjects.  
 70.35     Sec. 33.  Minnesota Statutes 2004, section 518.1751, 
 70.36  subdivision 3, is amended to read: 
 71.1      Subd. 3.  [AGREEMENT OR DECISION.] (a) Within five days of 
 71.2   notice of the appointment, or within five days of notice of a 
 71.3   subsequent parenting time dispute between the same parties, the 
 71.4   parenting time expeditor shall must meet with the parties 
 71.5   together or separately and shall make a diligent effort to 
 71.6   facilitate an agreement to resolve the dispute.  If a parenting 
 71.7   time dispute requires immediate resolution, the parenting time 
 71.8   expeditor may confer with the parties through a telephone 
 71.9   conference or similar means.  An expeditor may make a decision 
 71.10  without conferring with a party if the expeditor made a good 
 71.11  faith effort to confer with the party, but the party chose not 
 71.12  to participate in resolution of the dispute. 
 71.13     (b) If the parties do not reach an agreement, the expeditor 
 71.14  shall must make a decision resolving the dispute as soon as 
 71.15  possible, but not later than five days after receiving all 
 71.16  information necessary to make a decision and after the final 
 71.17  meeting or conference with the parties.  The expeditor is 
 71.18  authorized to award compensatory parenting time under section 
 71.19  518.175, subdivision 6, and may recommend to the court that the 
 71.20  noncomplying party pay attorney's fees, court costs, and other 
 71.21  costs under section 518.175, subdivision 6, paragraph (d), if 
 71.22  the parenting time order has been violated.  The expeditor shall 
 71.23  not lose retains the authority to make a decision if 
 71.24  circumstances beyond the expeditor's control make it 
 71.25  impracticable to meet the five-day timelines. 
 71.26     (c) Unless the parties mutually agree, the parenting time 
 71.27  expeditor shall must not make a decision that is inconsistent 
 71.28  with an existing parenting time order, but may make decisions 
 71.29  interpreting or clarifying a parenting time order, including the 
 71.30  development of a specific schedule when the existing court order 
 71.31  grants "reasonable parenting time."  
 71.32     (d) The expeditor shall must put an agreement or decision 
 71.33  in writing and provide a copy to the parties.  The expeditor may 
 71.34  include or omit reasons for the agreement or decision.  An 
 71.35  agreement of the parties or a decision of the expeditor is 
 71.36  binding on the parties unless vacated or modified by the court.  
 72.1   If a party does not comply with an agreement of the parties or a 
 72.2   decision of the expeditor, any party may bring a motion with the 
 72.3   court and shall must attach a copy of the parties' written 
 72.4   agreement or the decision of the expeditor.  The court may 
 72.5   enforce, modify, or vacate the agreement of the parties or the 
 72.6   decision of the expeditor. 
 72.7      Sec. 34.  Minnesota Statutes 2004, section 518.1752, is 
 72.8   amended to read: 
 72.9      518.1752 [GRANDPARENT AND OTHERS; VISITATION.] 
 72.10     In all proceedings During a proceeding for dissolution or 
 72.11  legal separation, after the commencement of the proceeding or at 
 72.12  any time after completion of the proceedings, and continuing 
 72.13  during the child's minority of the child, the court may make an 
 72.14  order granting visitation rights to grandparents under and other 
 72.15  individuals as provided by section 257C.08, subdivision 2. 
 72.16     Sec. 35.  Minnesota Statutes 2004, section 518.176, is 
 72.17  amended to read: 
 72.18     518.176 [JUDICIAL SUPERVISION.] 
 72.19     Subdivision 1.  [LIMITS ON PARENT'S AUTHORITY; HEARING.] 
 72.20  Except as otherwise agreed by the parties in writing at the time 
 72.21  of the custody order, (a) The parent with whom the child resides 
 72.22  may determine the child's upbringing, including education, 
 72.23  health care, and religious training, unless: 
 72.24     (1) otherwise agreed by the parties in writing at the time 
 72.25  of the custody order; or 
 72.26     (2) upon motion by the other parent, the court after 
 72.27  hearing, finds, upon motion by the other parent, that in the 
 72.28  absence of a specific limitation of the authority of the parent 
 72.29  with whom the child resides, the child's physical or emotional 
 72.30  health is likely to be endangered or the child's emotional 
 72.31  development impaired. 
 72.32     Subd. 2.  [COURT ORDER.] (b) If both parents or all 
 72.33  contestants agree to the order, or if the court finds that in 
 72.34  the absence of the order the child's physical or emotional 
 72.35  health is likely to be endangered or the child's emotional 
 72.36  development impaired, the court may order the local social 
 73.1   services agency or the department of court services to exercise 
 73.2   continuing supervision over the case under guidelines 
 73.3   established by the court to assure that the custodial or 
 73.4   parenting time terms of the decree are carried out. 
 73.5      Sec. 36.  Minnesota Statutes 2004, section 518.177, is 
 73.6   amended to read: 
 73.7      518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL 
 73.8   RIGHTS LAW REQUIRED NOTICE.] 
 73.9      Every A court order and judgment and decree concerning 
 73.10  custody of or parenting time or visitation with a minor child 
 73.11  shall must contain the notice set out in section 518.68 517C.99, 
 73.12  subdivision 2.  
 73.13     Sec. 37.  Minnesota Statutes 2004, section 518.178, is 
 73.14  amended to read: 
 73.15     518.178 [PARENTING TIME AND SUPPORT REVIEW HEARING.] 
 73.16     Upon motion of either party, the court shall must conduct a 
 73.17  hearing to review compliance with the parenting time and child 
 73.18  support provisions set forth in a decree of dissolution or legal 
 73.19  separation or an order that establishes child custody, parenting 
 73.20  time, and support rights and obligations of parents.  The state 
 73.21  court administrator shall must prepare, and each court 
 73.22  administrator shall must make available, simplified pro se forms 
 73.23  for reviewing parenting time and child support disputes.  The 
 73.24  court may impose any parenting time enforcement remedy available 
 73.25  under sections 518.175 and 518.1751 this section or section 
 73.26  517B.26, and any support enforcement remedy available under 
 73.27  section 518.551. 
 73.28     Sec. 38.  Minnesota Statutes 2004, section 518.179, 
 73.29  subdivision 1, is amended to read: 
 73.30     Subdivision 1.  [SEEKING CUSTODY OR PARENTING TIME.] (a) 
 73.31  Notwithstanding any contrary provision in section 518.17 or 
 73.32  518.175, if a person seeking child custody or parenting time who 
 73.33  has been convicted of a crime described in subdivision 2, the 
 73.34  person seeking custody or parenting time has the burden to prove 
 73.35  that custody or parenting time by that person is in the best 
 73.36  interests of the child if: 
 74.1      (1) the conviction occurred within the preceding five 
 74.2   years; 
 74.3      (2) the person is currently incarcerated, on probation, or 
 74.4   under supervised release for the offense; or 
 74.5      (3) the victim of the crime was a family or household 
 74.6   member as defined in section 518B.01, subdivision 2.  
 74.7      (b) If this section applies, the court may not grant 
 74.8   custody or parenting time to the person unless it finds that the 
 74.9   custody or parenting time is in the best interests of the 
 74.10  child.  If the victim of the crime was a family or household 
 74.11  member, the standard of proof is clear and convincing evidence.  
 74.12  A guardian ad litem must be appointed in any case where this 
 74.13  section applies. 
 74.14     Sec. 39.  Minnesota Statutes 2004, section 518.18, is 
 74.15  amended to read: 
 74.16     518.18 [MODIFICATION OF ORDER.] 
 74.17     (a) Unless agreed to in writing by the parties, no motion 
 74.18  to modify a custody order or parenting plan may be made earlier 
 74.19  than one year after the date of the entry of a decree of 
 74.20  dissolution or legal separation containing a provision dealing 
 74.21  with custody, except in accordance with paragraph (c). 
 74.22     (b) If a motion for modification has been heard, whether or 
 74.23  not it was granted, unless agreed to in writing by the parties 
 74.24  no subsequent motion may be filed within two years after 
 74.25  disposition of the prior motion on its merits, except: 
 74.26     (1) if otherwise agreed to in writing by the parties; or 
 74.27     (2) in accordance with paragraph (c). 
 74.28     (c) The time limitations prescribed in paragraphs (a) and 
 74.29  (b) shall do not prohibit a motion to modify a custody order or 
 74.30  parenting plan if the court finds that there is persistent and 
 74.31  willful denial or interference with parenting time, or has 
 74.32  reason to believe that the child's present environment may 
 74.33  endanger the child's physical or emotional health or impair the 
 74.34  child's emotional development. 
 74.35     (d) If the A court that has jurisdiction to determine child 
 74.36  custody matters, the court shall must not modify a prior custody 
 75.1   order or a parenting plan provision which that specifies the 
 75.2   child's primary residence unless it finds, upon the basis of 
 75.3   facts, including unwarranted denial of, or interference with, a 
 75.4   duly established parenting time schedule, that have arisen since 
 75.5   the prior order or that were unknown to the court at the time of 
 75.6   the prior order, that a change has occurred in the circumstances 
 75.7   of the child or the parties and that the modification is 
 75.8   necessary to serve the best interests of the child.  The court 
 75.9   must make its findings upon the basis of facts, including 
 75.10  unwarranted denial of, or interference with, a duly established 
 75.11  parenting time schedule, that have arisen since the prior order 
 75.12  or that were unknown to the court at the time of the prior 
 75.13  order.  In applying these standards the court shall must retain 
 75.14  the custody arrangement or the parenting plan provision 
 75.15  specifying the child's primary residence that was established by 
 75.16  the prior order unless: 
 75.17     (i) (1) the court finds that a change in the custody 
 75.18  arrangement or primary residence is in the best interests of the 
 75.19  child and the parties previously agreed, in a writing approved 
 75.20  by a court, to apply the best interests standard in section 
 75.21  518.17 or 257.025, as applicable; and, with respect to 
 75.22  agreements approved by a court on or after April 28, 2000, both 
 75.23  parties were represented by counsel when the agreement was 
 75.24  approved or the court found the parties were fully informed, the 
 75.25  agreement was voluntary, and the parties were aware of its 
 75.26  implications; 
 75.27     (ii) (2) both parties agree to the modification; 
 75.28     (iii) (3) the child has been integrated into the family of 
 75.29  the petitioner with the consent of the other party; or 
 75.30     (iv) (4) the child's present environment endangers the 
 75.31  child's physical or emotional health or impairs the child's 
 75.32  emotional development, and the harm likely to be caused by a 
 75.33  change of environment is outweighed by the advantage of a change 
 75.34  to the child.  
 75.35     In addition, (e) A court may modify a custody order or 
 75.36  parenting plan under section 631.52.  
 76.1      (e) (f) In deciding whether to modify a prior joint custody 
 76.2   order, the court shall must apply the standards set forth in 
 76.3   paragraph (d) unless: 
 76.4      (1) the parties agree in writing to the application of a 
 76.5   different standard,; or 
 76.6      (2) the party seeking the modification is asking the court 
 76.7   for permission to move the residence of the child to another 
 76.8   state. 
 76.9      (f) If a parent has been granted sole physical custody of a 
 76.10  minor and the child subsequently lives with the other parent, 
 76.11  and temporary sole physical custody has been approved by the 
 76.12  court or by a court-appointed referee, 
 76.13     (g) The court may suspend the obligor's child support 
 76.14  obligation pending the a final custody determination if: 
 76.15     (1) the obligee has been granted sole physical custody of a 
 76.16  child; 
 76.17     (2) the child subsequently lives with the obligor; and 
 76.18     (3) a temporary sole custody order has been approved by the 
 76.19  court or a court-approved referee.  
 76.20  The court's A court order denying the suspension of child 
 76.21  support under this paragraph must include a written explanation 
 76.22  of the reasons why continuation of the child support obligation 
 76.23  would be in the best interests of the child. 
 76.24     (h) A party seeking modification of a custody order must 
 76.25  submit with moving papers an affidavit setting forth facts 
 76.26  supporting the requested modification.  The party must give 
 76.27  notice and a copy of the affidavit to other parties to the 
 76.28  proceeding, who may file opposing affidavits. 
 76.29     Sec. 40.  Minnesota Statutes 2004, section 518.612, is 
 76.30  amended to read: 
 76.31     518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 
 76.32  ORDER.] 
 76.33     Failure by a party to make support payments is not a 
 76.34  defense to:  
 76.35     (1) interference with parenting time; or 
 76.36     (2) without the permission of the court or the other 
 77.1   parent, removing a child from this state. 
 77.2      Interference with parenting time or taking a child from 
 77.3   this state without permission of the court or the other parent 
 77.4   is not a defense to nonpayment of support.  If a party fails to 
 77.5   make support payments, interferes with parenting time, or 
 77.6   removes a child from the state without permission of the court 
 77.7   or the other parent, the other party may petition the court for 
 77.8   an appropriate order.  
 77.9      (a) An obligor may not assert as a defense to failure to 
 77.10  pay child support that the obligee interfered with parenting 
 77.11  time or removed the child from the state without permission of 
 77.12  the obligor or the court. 
 77.13     (b) An obligee may not assert as a defense to interference 
 77.14  with parenting time or removing the child from the state without 
 77.15  permission of the obligor or the court that the obligor failed 
 77.16  to pay child support. 
 77.17     (c) A party may petition the court for an appropriate order 
 77.18  if the other party: 
 77.19     (1) fails to make support payments; 
 77.20     (2) interferes with parenting time; or 
 77.21     (3) removes a child from this state without permission of 
 77.22  the court or the other parent. 
 77.23     Sec. 41.  Minnesota Statutes 2004, section 518.619, is 
 77.24  amended to read: 
 77.25     518.619 [CUSTODY OR VISITATION PARENTING TIME; MEDIATION 
 77.26  SERVICES.] 
 77.27     Subdivision 1.  [MEDIATION PROCEEDING.] Except as provided 
 77.28  in subdivision 2, if it appears on the face of the petition or 
 77.29  other application for an order or modification of an order for 
 77.30  the child custody of a child that custody or parenting time is 
 77.31  contested, or that any issue pertinent to a custody or parenting 
 77.32  time determination, including parenting time rights, is 
 77.33  unresolved, the matter may be set for mediation of the contested 
 77.34  issue prior to before, concurrent with, or subsequent to the 
 77.35  after setting of the matter for hearing.  The purpose of the 
 77.36  mediation proceeding is to reduce acrimony which that may exist 
 78.1   between the parties and to develop an agreement that is 
 78.2   supportive of the child's best interests.  The mediator shall 
 78.3   must use best efforts to effect a settlement of the custody or 
 78.4   parenting time dispute, but shall have has no coercive authority.
 78.5      Subd. 2.  [EXCEPTION.] If the court determines that there 
 78.6   is probable cause that one of the parties, or a child of a 
 78.7   party, has been physically or sexually abused by the other a 
 78.8   party, the court shall must not require or refer the parties to 
 78.9   mediation or any other process that requires parties to meet and 
 78.10  confer without counsel, if any, present. 
 78.11     Subd. 3.  [MEDIATOR APPOINTMENT.] In order to participate 
 78.12  in a custody mediation, a mediator must be appointed by the 
 78.13  family court.  A mediator must be a member of the professional 
 78.14  staff of a family court, probation department, mental health 
 78.15  services agency, or a private mediation service.  The mediator 
 78.16  must be on a list of mediators approved by the court having 
 78.17  jurisdiction of the matter, unless the parties stipulate to a 
 78.18  mediator not on the list.  
 78.19     Subd. 4.  [MEDIATOR QUALIFICATIONS.] A mediator who 
 78.20  performs mediation in contested child custody matters shall must 
 78.21  meet the following minimum qualifications: 
 78.22     (a) (1) knowledge of the court system and the procedures 
 78.23  used in contested child custody matters; 
 78.24     (b) (2) knowledge of other resources in the community to 
 78.25  which the parties to contested child custody matters can be 
 78.26  referred for assistance; 
 78.27     (c) (3) knowledge of child development, clinical issues 
 78.28  relating to children, the effects of marriage dissolution on 
 78.29  children, and child custody research; and 
 78.30     (d) (4) a minimum of 40 hours of certified mediation 
 78.31  training. 
 78.32     Subd. 5.  [RECORDS; PRIVATE DATA.] Mediation proceedings 
 78.33  shall must be conducted in private.  All records of a mediation 
 78.34  proceeding shall be are private and not available as evidence in 
 78.35  an action for marriage dissolution and related proceedings on 
 78.36  any issue in controversy in the dissolution.  
 79.1      Subd. 6.  [MEDIATOR RECOMMENDATIONS.] When the parties have 
 79.2   not reached agreement as a result of the mediation proceeding, 
 79.3   the mediator may recommend to the court that an investigation be 
 79.4   conducted under section 518.167, or that other action be taken 
 79.5   to assist the parties to resolve the controversy before a 
 79.6   hearing on the issues.  The mediator may not conduct the 
 79.7   investigation or evaluation unless:  (1) the parties agree in a 
 79.8   writing, executed after the termination of mediation, that the 
 79.9   mediator may conduct the investigation or evaluation, or (2) 
 79.10  there is no other person reasonably available to conduct the 
 79.11  investigation or evaluation.  The mediator may recommend that 
 79.12  mutual restraining orders be issued in appropriate cases, 
 79.13  pending determination of the controversy, to protect the 
 79.14  well-being of the children involved in the controversy. 
 79.15     Subd. 7.  [MEDIATION AGREEMENT.] An agreement reached by 
 79.16  the parties as a result of mediation shall must be discussed by 
 79.17  the parties with their attorneys, if any, and.  The approved 
 79.18  agreement may then be included in the marital dissolution decree 
 79.19  or other stipulation submitted to the court.  An agreement 
 79.20  reached by the parties as a result of mediation may not be 
 79.21  presented to the court nor made enforceable unless the parties 
 79.22  and their counsel, if any, consent to its presentation to the 
 79.23  court, and the court adopts the agreement. 
 79.24     Subd. 8.  [RULES.] Each court shall must adopt rules to 
 79.25  implement this section, and shall must compile and maintain a 
 79.26  list of mediators. 
 79.27     Sec. 42.  Minnesota Statutes 2004, section 519.11, 
 79.28  subdivision 1, is amended to read: 
 79.29     Subdivision 1.  [ANTENUPTIAL CONTRACT.] A man and woman of 
 79.30  legal age may enter into an antenuptial contract or settlement 
 79.31  prior to solemnization of marriage which shall be valid and 
 79.32  enforceable if (a) there is a full and fair disclosure of the 
 79.33  earnings and property of each party, and (b) the parties have 
 79.34  had an opportunity to consult with legal counsel of their own 
 79.35  choice.  An antenuptial contract or settlement made in 
 79.36  conformity with this section may determine what rights each 
 80.1   party has in the nonmarital property, defined in section 518.54, 
 80.2   subdivision 5, clauses (a) (1) to (d) (4), upon dissolution of 
 80.3   marriage, legal separation or after its termination by death and 
 80.4   may bar each other of all rights in the respective estates not 
 80.5   so secured to them by their agreement.  This section shall not 
 80.6   be construed to make invalid or unenforceable any antenuptial 
 80.7   agreement or settlement made and executed in conformity with 
 80.8   this section because the agreement or settlement covers or 
 80.9   includes marital property, if the agreement or settlement would 
 80.10  be valid and enforceable without regard to this section. 
 80.11     Sec. 43.  [REVISOR'S INSTRUCTION.] 
 80.12     The revisor of statutes must renumber the sections in 
 80.13  Minnesota Statutes listed in column A as indicated in column B 
 80.14  and correct cross-references to those sections throughout 
 80.15  Minnesota Statutes and Minnesota Rules. 
 80.16                   A                   B
 80.17            518.003, subd. 2     517B.01, subd. 5
 80.18            518.003, subd. 3     517B.01, subd. 2 
 80.19            518.003, subd. 4     517B.01, subd. 3 
 80.20            518.003, subd. 5     517B.01, subd. 4
 80.21            518.155              517B.02
 80.22            518.156              517B.13
 80.23            518.157              517B.06
 80.24            518.165, subd. 1     517B.08, subd. 1 
 80.25            518.165, subd. 2     518B.08, subd. 2 
 80.26            518.165, subd. 2a    517B.08, subd. 3 
 80.27            518.165, subd. 3     517B.08, subd. 4 
 80.28            518.166              517B.14
 80.29            518.167              517B.15
 80.30            518.168              517B.16
 80.31            518.1705             517B.28
 80.32            518.175, subd. 1     517B.25, subd. 1
 80.33            518.175, subd. 1a    517B.25, subd. 2
 80.34            518.175, subd. 2     517B.25, subd. 3
 80.35            518.175, subd. 3     517B.25, subd. 4
 80.36            518.175, subd. 5     517B.25, subd. 6
 81.1             518.175, subd. 6     517B.25, subd. 7
 81.2             518.175, subd. 8     517B.25, subd. 8
 81.3             518.1751, subd. 1    517B.26, subd. 1
 81.4             518.1751, subd. 1a   517B.26, subd. 3
 81.5             518.1751, subd. 1b   517B.26, subd. 2
 81.6             518.1751, subd. 2    517B.26, subd. 6
 81.7             518.1751, subd. 2a   517B.26, subd. 7
 81.8             518.1751, subd. 2b   517B.26, subd. 4
 81.9             518.1751, subd. 2c   517B.26, subd. 5
 81.10            518.1751, subd. 3    517B.26, subd. 8
 81.11            518.1751, subd. 4    517B.26, subd. 13
 81.12            518.1751, subd. 4a   517B.26, subd. 9
 81.13            518.1751, subd. 5    517B.26, subd. 10
 81.14            518.1751, subd. 5a   517B.26, subd. 11
 81.15            518.1751, subd. 6    517B.26, subd. 12
 81.16            518.1752             517B.30 
 81.17            518.176              517B.20
 81.18            518.177              517B.04 para. (b)
 81.19            518.178              517B.25, subd. 5
 81.20            518.179              517B.09
 81.21            518.18               517B.21
 81.22            518.183              517B.27
 81.23            518.612              517B.10
 81.24            518.619              517B.07
 81.25     Sec. 44.  [REPEALER.] 
 81.26     Minnesota Statutes 2004, sections 518.17, subdivisions 1a, 
 81.27  3, and 6; and 518.185, are repealed. 
 81.28                             ARTICLE 3 
 81.29                           CHILD SUPPORT 
 81.30     Section 1.  [517C.01] [TITLE.] 
 81.31     This chapter may be cited as the "Minnesota Child Support 
 81.32  Act." 
 81.33     Sec. 2.  [517C.02] [LEGISLATIVE INTENT.] 
 81.34     The legislature of the state of Minnesota finds that in all 
 81.35  cases of dissolution of marriage, separate maintenance, 
 81.36  adjudication of paternity, and all other cases in which child 
 82.1   support must be apportioned between them, both parents have an 
 82.2   equal duty to pay for the actual cost of supplying the 
 82.3   reasonable needs of the child or children had in common between 
 82.4   them in proportion to their respective incomes and resources.  
 82.5   The best interests of the child or children are served, so far 
 82.6   as this state is concerned, when this obligation is fairly 
 82.7   apportioned. 
 82.8      Sec. 3.  [517C.03] [DEFINITIONS.] 
 82.9      Subdivision 1.  [SCOPE.] The definitions in this section 
 82.10  apply to this chapter. 
 82.11     Subd. 2.  [ARREARS.] "Arrears" means amounts owed under a 
 82.12  support order that are past due.  Arrears include: 
 82.13     (1) child support; 
 82.14     (2) the entire amount of court-ordered past support and 
 82.15  pregnancy and confinement expenses if: 
 82.16     (i) the order does not contain repayment terms; or 
 82.17     (ii) the order contains repayment terms and the obligor 
 82.18  fails to comply with the repayment terms; and 
 82.19     (3) attorney fees and any other collection costs addressed 
 82.20  in a support order under section 517C.84. 
 82.21     Subd. 3.  [BASIC SUPPORT.] "Basic support" means the dollar 
 82.22  amount ordered for a child's housing, food, clothing, 
 82.23  transportation, and education costs, and other expenses relating 
 82.24  to the child's care.  Basic support does not include monetary 
 82.25  contributions for a child's private school tuition, child care 
 82.26  expenses, and medical and dental expenses. 
 82.27     Subd. 4.  [BUSINESS DAY.] "Business day" means a day on 
 82.28  which state offices are open for regular business. 
 82.29     Subd. 5.  [CHILD.] "Child" means an individual under 18 
 82.30  years of age, an individual under age 20 who is still attending 
 82.31  secondary school, or an individual who, by reason of physical or 
 82.32  mental condition, is incapable of self-support. 
 82.33     Subd. 6.  [CHILD SUPPORT.] "Child support" means an amount 
 82.34  for basic support, child care support, and medical support 
 82.35  pursuant to: 
 82.36     (1) an award in a dissolution, legal separation, annulment, 
 83.1   or parentage proceeding for the care, support, and education of 
 83.2   a child of the marriage or of the parties to the proceeding; 
 83.3      (2) a contribution by parents ordered under section 256.87; 
 83.4   or 
 83.5      (3) support ordered under chapter 518B or 518C.  
 83.6      Subd. 7.  [DEPOSIT ACCOUNT.] "Deposit account" means funds 
 83.7   deposited with a financial institution in the form of a savings 
 83.8   account, checking account, NOW account, or demand deposit 
 83.9   account. 
 83.10     Subd. 8.  [FINANCIAL INSTITUTION.] "Financial institution" 
 83.11  means a savings association, bank, trust company, credit union, 
 83.12  industrial loan and thrift company, bank and trust company, or 
 83.13  savings association, and includes a branch or detached facility 
 83.14  of a financial institution. 
 83.15     Subd. 9.  [OBLIGEE.] "Obligee" means a person to whom 
 83.16  payments for child support are owed. 
 83.17     Subd. 10.  [OBLIGOR.] "Obligor" means a person obligated to 
 83.18  pay child support.  A person who is designated as the sole 
 83.19  physical custodian of a child is presumed not to be an obligor 
 83.20  for purposes of calculating current support unless the court 
 83.21  makes specific written findings to overcome this presumption.  
 83.22  For purposes of ordering medical support under section 517C.17, 
 83.23  a custodial parent may be an obligor subject to income 
 83.24  withholding under section 517C.17; a cost-of-living adjustment 
 83.25  under section 517C.31; and a payment agreement under section 
 83.26  517C.71. 
 83.27     Subd. 11.  [PAYMENT.] "Payment" means the payment of child 
 83.28  support and related payments required by order of a tribunal, 
 83.29  voluntary support, or statutory fees. 
 83.30     Subd. 12.  [PAYOR OF FUNDS.] "Payor of funds" means a 
 83.31  person or entity that provides funds to an obligor, including an 
 83.32  employer as defined under chapter 24, section 3401(d), of the 
 83.33  Internal Revenue Code, an independent contractor, payor of 
 83.34  workers' compensation benefits or unemployment insurance 
 83.35  benefits, or a financial institution as defined in section 
 83.36  13B.06. 
 84.1      Subd. 13.  [PUBLIC AUTHORITY.] "Public authority" means the 
 84.2   local unit of government, acting on behalf of the state, that is 
 84.3   responsible for child support enforcement or the Child Support 
 84.4   Enforcement Division of the Department of Human Services. 
 84.5      Subd. 14.  [SUPPORT ORDER.] (a) "Support order" means a 
 84.6   judgment, decree, or order, whether temporary, final, or subject 
 84.7   to modification, issued by a court or administrative agency of 
 84.8   competent jurisdiction that: 
 84.9      (1) provides for the support of a child, including a child 
 84.10  who has attained the age of majority under the law of the 
 84.11  issuing state, or a child and the parent with whom the child is 
 84.12  living; 
 84.13     (2) provides for basic support, child care, medical support 
 84.14  including expenses for confinement and pregnancy, arrears, or 
 84.15  reimbursement; and 
 84.16     (3) may include related costs and fees, interest and 
 84.17  penalties, income withholding, and other relief. 
 84.18     (b) The definition in paragraph (a) applies to orders 
 84.19  issued under this chapter and chapters 256, 257, and 518C. 
 84.20     Subd. 15.  [TRIBUNAL.] "Tribunal" has the meaning given in 
 84.21  section 518C.101. 
 84.22     Subd. 16.  [UNCLAIMED SUPPORT FUNDS.] "Unclaimed support 
 84.23  funds" means any support payments collected by the public 
 84.24  authority from the obligor which have not been disbursed to the 
 84.25  obligee or public authority. 
 84.26     Subd. 17.  [IV-D CASE.] "IV-D case" means a case where a 
 84.27  party assigns rights to child support to the state because the 
 84.28  party receives public assistance, as defined in section 256.741, 
 84.29  or applies for child support services under title IV-D of the 
 84.30  Social Security Act, United States Code, title 42, section 
 84.31  654(4). 
 84.32     Sec. 4.  [517C.04] [CHILD SUPPORT ORDERS.] 
 84.33     Subdivision 1.  [ORDER.] (a) Upon dissolution of marriage, 
 84.34  legal separation, annulment, establishment of paternity, or when 
 84.35  otherwise required by statute, the court must order child 
 84.36  support as provided by this chapter. 
 85.1      (b) Nothing contained in this chapter limits the power of 
 85.2   the court to make appropriate, adequate orders for the support 
 85.3   and education of a child of the parties to a dissolution, legal 
 85.4   separation, or annulment action if the dissolution, legal 
 85.5   separation, or annulment is denied. 
 85.6      Subd. 2.  [PROVISIONS.] Child support orders must provide 
 85.7   for general child-rearing costs or basic support and must also 
 85.8   specifically address child care costs and medical care, 
 85.9   providing for those costs pursuant to this chapter. 
 85.10     Subd. 3.  [AGREEMENTS.] If the parties stipulate or agree 
 85.11  to a child support order, the court must review the agreement to 
 85.12  ensure it serves the best interests of the child.  The Minnesota 
 85.13  Supreme Court may promulgate rules regarding the review of 
 85.14  stipulations and agreements.  The court may refuse to accept or 
 85.15  may alter an agreement that does not conform with the 
 85.16  requirements of this chapter or that is otherwise not in the 
 85.17  best interests of the child. 
 85.18     Subd. 4.  [SPECIFIC DOLLAR AMOUNT.] (a) The court must 
 85.19  order child support in a specific dollar amount. 
 85.20     (b) The court may order an obligor to pay child support in 
 85.21  the form of a percentage share of the obligor's net bonuses, 
 85.22  commissions, or other forms of compensation, in addition to or, 
 85.23  if the obligor receives no base pay, in lieu of an order for a 
 85.24  specific dollar amount. 
 85.25     Subd. 5.  [PREFERENCE FOR MONTHLY PAYMENT.] There is a 
 85.26  presumption in favor of ordering child support in an amount that 
 85.27  reflects an obligor's monthly obligation. 
 85.28     Subd. 6.  [PREFERENCE FOR STATIC PAYMENT.] There is a 
 85.29  presumption in favor of ordering child support so that an 
 85.30  obligor makes the same monthly payments throughout the year, as 
 85.31  opposed to payment amounts that fluctuate by season or month.  
 85.32  If the obligor is seasonally employed, it is generally the 
 85.33  obligor's responsibility to budget income accordingly. 
 85.34     Subd. 7.  [DEPARTURE.] The court may depart from a 
 85.35  presumption in subdivision 5 or 6 if: 
 85.36     (1) all parties agree; or 
 86.1      (2) the presumption would impose an extreme hardship on the 
 86.2   obligor and would not be in the best interests of the child. 
 86.3      Subd. 8.  [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) 
 86.4   Upon an obligor's motion, a court may order an obligee to 
 86.5   account for the use or disposition of child support received.  
 86.6   The motion must assert the specific allegations of abuse or 
 86.7   misapplication of child support received and that a child's 
 86.8   needs are not being met.  If the court orders a hearing, the 
 86.9   court may order an accounting only if the obligor establishes: 
 86.10     (1) the specific allegations of abuse or misapplication of 
 86.11  child support received; 
 86.12     (2) that the child's needs are not being met; and 
 86.13     (3) that there is no record or history of domestic abuse, 
 86.14  harassment, or violence between the parties. 
 86.15     (b) If the court orders an accounting under paragraph (a), 
 86.16  the obligee must provide documentation that breaks down monthly 
 86.17  expenditures of child support received into the following 
 86.18  categories: 
 86.19     (1) housing and utilities; 
 86.20     (2) food; 
 86.21     (3) transportation; 
 86.22     (4) clothing; 
 86.23     (5) health care; 
 86.24     (6) child care and education; and 
 86.25     (7) miscellaneous. 
 86.26  An obligee may account for expenditures on housing, utilities, 
 86.27  food, and transportation that are attributable to multiple 
 86.28  household members on a per capita basis. 
 86.29     (c) If the court finds that an obligee does not make the 
 86.30  accounting required under paragraph (b) or the obligee does not 
 86.31  spend the entire child support payment on behalf of the child, 
 86.32  the court may: 
 86.33     (1) hold the obligee in contempt of court pursuant to this 
 86.34  chapter, chapter 588, and the Minnesota Court Rules; 
 86.35     (2) reduce or eliminate the obligor's child support 
 86.36  obligation; 
 87.1      (3) order the obligee to make future expenditures on behalf 
 87.2   of the child, whether in whole or in part, in a manner that 
 87.3   documents the transaction; or 
 87.4      (4) make any other appropriate order to ensure that the 
 87.5   child's needs are met. 
 87.6      (d) If the court determines that an obligor's motion under 
 87.7   this section is brought in bad faith, the court may award 
 87.8   reasonable attorney fees to the obligee. 
 87.9      Subd. 9.  [CHILD SUPPORT TO BE DISTINGUISHED FROM 
 87.10  MAINTENANCE.] In a judgment of dissolution or legal separation, 
 87.11  the court must clearly distinguish between payments ordered for 
 87.12  maintenance and payments ordered for child support.  An award of 
 87.13  payments from future income or earnings of the parent with whom 
 87.14  the child resides is presumed to be maintenance and an award of 
 87.15  payments from the future income or earnings of the other parent 
 87.16  is presumed to be child support, unless otherwise designated by 
 87.17  the court. 
 87.18     Subd. 10.  [OTHER CUSTODIANS.] If a child resides with a 
 87.19  person other than a parent and the court approves of the custody 
 87.20  arrangement, the court may order child support payments to be 
 87.21  made to the custodian regardless of whether the person has legal 
 87.22  custody. 
 87.23     Subd. 11.  [EITHER PARENT LIABLE; MARITAL MISCONDUCT 
 87.24  IRRELEVANT.] The court may order either or both parents owing a 
 87.25  duty of support to a child to pay an amount reasonable or 
 87.26  necessary for the child's support, without regard to marital 
 87.27  misconduct. 
 87.28     Sec. 5.  [517C.05] [TEMPORARY ORDERS.] 
 87.29     Subdivision 1.  [MOTION; SCOPE.] In a child support 
 87.30  proceeding a party may, by motion, request that the court grant 
 87.31  a temporary order pending the final disposition of the 
 87.32  proceeding for temporary child support, costs, and reasonable 
 87.33  attorney fees.  Additionally, to facilitate the just and speedy 
 87.34  disposition of the proceeding, the court may require a party to 
 87.35  perform or refrain from performing additional acts. 
 87.36     Subd. 2.  [DURATION.] A temporary order continues in full 
 88.1   force and effect until: 
 88.2      (1) it is amended; 
 88.3      (2) it is vacated; 
 88.4      (3) the main action is dismissed; or 
 88.5      (4) a final decree of dissolution, legal separation, or 
 88.6   other final order is entered. 
 88.7      Subd. 3.  [FACTORS.] The court must consider the factors 
 88.8   set forth in this chapter in making temporary orders. 
 88.9      Subd. 4.  [EVIDENCE.] Temporary orders must be made solely 
 88.10  on the basis of affidavits and argument of counsel unless: 
 88.11     (1) a party makes a timely motion or responsive motion to 
 88.12  hear the matter on oral testimony before the court; or 
 88.13     (2) the court, in its discretion, orders the taking of oral 
 88.14  testimony. 
 88.15     Subd. 5.  [LIMITED EFFECT.] A temporary order does not 
 88.16  prejudice the rights of the parties or the child that are to be 
 88.17  adjudicated at subsequent hearings in the proceeding. 
 88.18     Subd. 6.  [REVOCATION; MODIFICATION.] A temporary order may 
 88.19  be revoked or modified by the court before the final disposition 
 88.20  of the proceeding upon the same grounds and subject to the same 
 88.21  requirements as the initial granting of the order. 
 88.22     Sec. 6.  [517C.06] [DETERMINATION OF CONTROLLING ORDER.] 
 88.23     The public authority or a party may request the court to 
 88.24  determine a controlling order when more than one order involving 
 88.25  the same obligor and child exists. 
 88.26     Sec. 7.  [517C.07] [ATTORNEY FEES; COSTS AND 
 88.27  DISBURSEMENTS.] 
 88.28     Subdivision 1.  [GENERAL.] (a) Except as provided in 
 88.29  section 517C.84, in a proceeding under this chapter, the court 
 88.30  must award attorney fees, costs, and disbursements in an amount 
 88.31  necessary to enable a party to carry on or contest the 
 88.32  proceeding if: 
 88.33     (1) the fees are necessary for the good-faith assertion of 
 88.34  the party's rights in the proceeding and will not contribute 
 88.35  unnecessarily to the length and expense of the proceeding; 
 88.36     (2) the party from whom fees, costs, and disbursements are 
 89.1   sought has the means to pay them; and 
 89.2      (3) the party to whom fees, costs, and disbursements are 
 89.3   awarded does not have the means to pay them. 
 89.4      (b) Fees, costs, and disbursements may be awarded at any 
 89.5   point during or after a proceeding under this chapter, including 
 89.6   if a proceeding is dismissed or abandoned. 
 89.7      (c) The court may assess costs and disbursements against 
 89.8   either party. 
 89.9      Subd. 2.  [UNREASONABLE ACTIONS.] The court may, in its 
 89.10  discretion, assess additional fees, costs, and disbursements 
 89.11  against a party who unreasonably contributes to the length or 
 89.12  expense of the proceeding. 
 89.13     Subd. 3.  [COLLECTION.] The court may authorize the 
 89.14  collection of money awarded by execution, out of property 
 89.15  sequestered, or in any other manner within the power of the 
 89.16  court.  An award of attorney fees survives the proceeding.  If 
 89.17  the award is not paid by the party directed to pay it, the award 
 89.18  may be enforced as provided by this subdivision or by a separate 
 89.19  civil action brought in the attorney's own name. 
 89.20     Sec. 8.  [517C.10] [EXCHANGE OF INFORMATION.] 
 89.21     Subdivision 1.  [DOCUMENTATION.] (a) The parties must 
 89.22  timely serve and file documentation of earnings and income.  
 89.23  When there is a prehearing conference, the court must receive 
 89.24  the documentation at least ten days before the prehearing 
 89.25  conference. 
 89.26     (b) Documentation of earnings and income includes, but is 
 89.27  not limited to, pay stubs for the most recent three months, 
 89.28  employer statements, or statement of receipts and expenses if 
 89.29  self-employed.  Documentation of earnings and income also 
 89.30  includes copies of each parent's most recent federal tax 
 89.31  returns, W-2 forms, 1099 forms, unemployment insurance benefits 
 89.32  statements, workers' compensation statements, and all other 
 89.33  documents evidencing the receipt of income that provide 
 89.34  verification of income over a longer period. 
 89.35     Subd. 2.  [EXCHANGE OF TAX RETURNS.] At any time after a 
 89.36  party commences an action seeking child support or when a child 
 90.1   support order is in effect, a party or the public authority may 
 90.2   require the other party to give them a copy of the other party's 
 90.3   most recent federal tax returns that were filed with the 
 90.4   Internal Revenue Service.  The party must provide a copy of the 
 90.5   tax returns within 30 days of receiving the request unless the 
 90.6   request is not made in good faith.  A party may not make a 
 90.7   request under this subdivision more than once every two years, 
 90.8   in the absence of good cause. 
 90.9      Subd. 3.  [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] An 
 90.10  obligor must notify other parties of a change of address or 
 90.11  residence within 60 days of the address or residence change. 
 90.12     Subd. 4.  [NOTICE TO PUBLIC AUTHORITY; PUBLIC ASSISTANCE.] 
 90.13  The petitioner must notify the public authority of all 
 90.14  proceedings for dissolution, legal separation, determination of 
 90.15  parentage, or for the custody of a child, if either party is 
 90.16  receiving public assistance or applies for it subsequent to the 
 90.17  commencement of the proceeding.  The notice must contain the 
 90.18  full names of the parties to the proceeding, their Social 
 90.19  Security account numbers, and their birth dates. 
 90.20     Subd. 5.  [FAILURE OF NOTICE.] If the court in a 
 90.21  dissolution, legal separation, or determination of parentage 
 90.22  proceeding, finds before issuing the order for judgment and 
 90.23  decree, that notification has not been given to the public 
 90.24  authority, the court must set child support according to the 
 90.25  guidelines in this chapter.  In those proceedings in which no 
 90.26  notification has been made pursuant to this section and in which 
 90.27  the public authority determines that the judgment is lower than 
 90.28  the child support required by the guidelines in this chapter, it 
 90.29  must move the court for a redetermination of the support 
 90.30  payments ordered so that the support payments comply with the 
 90.31  guidelines. 
 90.32     Sec. 9.  [517C.11] [PRIVACY PROTECTION; PERSONAL 
 90.33  PROTECTION.] 
 90.34     Subdivision 1.  [SOCIAL SECURITY NUMBERS; TAX RETURNS.] The 
 90.35  Social Security numbers and tax returns required under this 
 90.36  chapter are not accessible to the public, except that they must 
 91.1   be disclosed to the other parties to a proceeding as provided in 
 91.2   section 517C.10. 
 91.3      Subd. 2.  [MODIFICATION OF CERTAIN REQUIREMENTS.] The court 
 91.4   may waive, modify, or limit the information exchange 
 91.5   requirements of this chapter by order if necessary to protect a 
 91.6   party from contact by another party. 
 91.7      Subd. 3.  [ACCESS TO ADDRESS FOR SERVICE OF PROCESS.] (a) 
 91.8   If the public authority is a party or is providing services in a 
 91.9   child support case, a party may obtain an ex parte order under 
 91.10  this subdivision.  The party may obtain an ex parte order 
 91.11  requiring the public authority to serve legal documents on the 
 91.12  other party by mail if the party submits a sworn affidavit to 
 91.13  the court stating that: 
 91.14     (1) the party needs to serve legal process in a support 
 91.15  proceeding and does not have access to the address of the other 
 91.16  party; 
 91.17     (2) the party has made reasonable efforts to locate the 
 91.18  other party; and 
 91.19     (3) the other party is not represented by counsel. 
 91.20     (b) The public authority must serve legal documents 
 91.21  provided by the moving party at the last known address of the 
 91.22  other party upon receipt of a court order under paragraph (a).  
 91.23  The public authority must provide for appropriate service and 
 91.24  must certify to all parties the date of service by mail.  The 
 91.25  public authority's proof of service must not include the place 
 91.26  or address of service. 
 91.27     (c) The state court administrator must prepare and make 
 91.28  available forms for use in seeking access to an address under 
 91.29  this subdivision. 
 91.30     Sec. 10.  [517C.12] [INCOME.] 
 91.31     Subdivision 1.  [DEFINITION.] For purposes of calculating 
 91.32  child support under this chapter, "income" means gross income. 
 91.33     Subd. 2.  [SOURCES.] For purposes of this chapter, income 
 91.34  includes any form of periodic payment to an individual 
 91.35  including, but not limited to: 
 91.36     (1) wages; 
 92.1      (2) salaries; 
 92.2      (3) payments to an independent contractor; 
 92.3      (4) workers' compensation; 
 92.4      (5) unemployment insurance benefits; 
 92.5      (6) annuity; 
 92.6      (7) military and naval retirement; 
 92.7      (8) pension and disability payments; and 
 92.8      (9) in-kind payments received by the obligor in the course 
 92.9   of employment, self-employment, or operation of a business if 
 92.10  the payments reduce the obligor's living expenses. 
 92.11     Subd. 3.  [COMMISSIONS; BONUSES.] If the court finds that a 
 92.12  party's commissions or bonuses are reliable and predictable, the 
 92.13  court may include them in income calculations. 
 92.14     Subd. 4.  [SELF-EMPLOYMENT; INDEPENDENT CONTRACTORS.] 
 92.15  Income from self-employment is equal to gross receipts minus 
 92.16  ordinary and necessary expenses.  Ordinary and necessary 
 92.17  expenses include what would otherwise be the employer's share of 
 92.18  the contributions under the Federal Insurance Contributions Act 
 92.19  (FICA), United States Code, title 26, subtitle C, chapter 21, 
 92.20  subchapter A, sections 3101 to 3126.  Ordinary and necessary 
 92.21  expenses do not necessarily include amounts allowed by the 
 92.22  Internal Revenue Service for accelerated depreciation expenses 
 92.23  or investment tax credits or any other business expenses 
 92.24  determined by the court to be inappropriate for determining 
 92.25  income for purposes of child support.  The person seeking to 
 92.26  deduct an expense, including depreciation, has the burden of 
 92.27  proving, if challenged, that the expense is ordinary and 
 92.28  necessary.  Income calculated under this section may be 
 92.29  different from taxable income. 
 92.30     Subd. 5.  [PUBLIC ASSISTANCE EXCLUSIONS.] Benefits received 
 92.31  under chapter 256J and title IV-A of the Social Security Act are 
 92.32  not income under this section. 
 92.33     Subd. 6.  [OVERTIME.] (a) Income does not include 
 92.34  compensation received by a party for employment in excess of a 
 92.35  40-hour work week if: 
 92.36     (1) the excess employment is not within the normal range of 
 93.1   hours worked, given the party's employment history; 
 93.2      (2) the excess employment is voluntary and not a condition 
 93.3   of employment; 
 93.4      (3) the excess employment is in the nature of additional, 
 93.5   part-time, or overtime employment compensable by the hour or 
 93.6   fraction of an hour; and 
 93.7      (4) the party's compensation structure has not been changed 
 93.8   for the purpose of affecting a child support obligation. 
 93.9      (b) The court may presume that a party with seasonal or 
 93.10  intermittent income who works periods in excess of a 40-hour 
 93.11  work week, but who works a substantially normal number of hours 
 93.12  over the course of a year, is working within the normal range of 
 93.13  hours worked. 
 93.14     Subd. 7.  [INCOME OF A SPOUSE OR OTHER HOUSEHOLD 
 93.15  MEMBER.] (a) Income must not include the income of a party's 
 93.16  spouse or other household member.  The court must not consider 
 93.17  the income or resources provided by a spouse or other household 
 93.18  member when determining all the earnings, income, and resources 
 93.19  of a parent under sections 517C.25 to 517C.29. 
 93.20     (b) Notwithstanding paragraph (a), the court may issue an 
 93.21  order permitting discovery of a spouse's or other household 
 93.22  member's income information if there is probable cause to 
 93.23  believe the spouse or other household member is being used to 
 93.24  shelter income from a party.  If the court finds that income was 
 93.25  improperly or unfairly sheltered, it may impute income to the 
 93.26  party or otherwise adjust the support amount in a just and 
 93.27  proper manner.  However, the court may not under any 
 93.28  circumstances consider income or resources properly attributable 
 93.29  to a spouse or other household member when setting support. 
 93.30     Subd. 8.  [PRIOR SUPPORT OR MAINTENANCE ORDERS.] The amount 
 93.31  of a support or maintenance order, not including orders for 
 93.32  support or maintenance debts or arrears, must be deducted from 
 93.33  income. 
 93.34     Subd. 9.  [LEGALLY DEPENDENT CHILD.] (a) For purposes of 
 93.35  this subdivision, a "legally dependent child" means a child: 
 93.36     (1) whose primary residence is with a parent eligible for a 
 94.1   deduction from income under this subdivision; 
 94.2      (2) whom the parent has the legal duty to support; 
 94.3      (3) who is not a subject of the current child support 
 94.4   action; 
 94.5      (4) for whom the parent is not ordered to pay child 
 94.6   support; and 
 94.7      (5) for whom no other person has court-ordered sole 
 94.8   physical custody. 
 94.9      (b) The court must deduct an amount from a parent's income 
 94.10  for a legally dependent child.  The amount deducted from income 
 94.11  for each legally dependent child must be computed using the 
 94.12  following method: 
 94.13     (1) determine 120 percent of the federal poverty guidelines 
 94.14  for a family size equal to two parents plus each legally 
 94.15  dependent child; 
 94.16     (2) divide the amount determined under clause (1) by the 
 94.17  family size determined under clause (1); 
 94.18     (3) multiply the amount calculated under clause (2) by the 
 94.19  number of legally dependent children; and 
 94.20     (4) divide the amount calculated under clause (3) by two to 
 94.21  determine the deduction amount for one parent.  The amount 
 94.22  determined for one parent must be divided by 12 to determine the 
 94.23  amount of the deduction from a parent's monthly income. 
 94.24     (c) The commissioner of human services must publish a table 
 94.25  listing the amount of the deduction for each legally dependent 
 94.26  child by family size and must update the table for changes to 
 94.27  the federal poverty guidelines by July 1 of each year. 
 94.28     Sec. 11.  [517C.13] [IMPUTED INCOME.] 
 94.29     Subdivision 1.  [NONAPPEARANCE OF A PARENT.] If a parent 
 94.30  under the jurisdiction of the court does not appear at a court 
 94.31  hearing after proper notice of the time and place of the 
 94.32  hearing, the court must set income for that parent based on 
 94.33  credible evidence before the court or in accordance with 
 94.34  subdivision 3.  Credible evidence may include documentation of 
 94.35  current or recent income, testimony of the other parent 
 94.36  concerning recent earnings and income levels, and the parent's 
 95.1   wage reports filed with the Minnesota Department of Employment 
 95.2   and Economic Development under section 268.044. 
 95.3      Subd. 2.  [VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT.] (a) 
 95.4   The principles of income imputation apply equally to both 
 95.5   parents. 
 95.6      (b) If the court finds that a parent is voluntarily 
 95.7   unemployed or underemployed or was voluntarily unemployed or 
 95.8   underemployed during the period for which past support is being 
 95.9   sought, a court must calculate support based on a determination 
 95.10  of imputed income. 
 95.11     (c) A parent is not considered voluntarily unemployed or 
 95.12  underemployed upon a showing by the parent that: 
 95.13     (1) the unemployment or underemployment is temporary and 
 95.14  will ultimately lead to an increase in income; 
 95.15     (2) the unemployment or underemployment represents a bona 
 95.16  fide career change that outweighs the adverse effect of that 
 95.17  parent's diminished income on the child; 
 95.18     (3) the parent is a recipient of public assistance under 
 95.19  section 256.741; or 
 95.20     (4) the parent is physically or mentally incapacitated. 
 95.21     (d) Imputed income means the estimated earning ability of a 
 95.22  parent based on the parent's prior earnings history, education, 
 95.23  and job skills, and on availability of jobs within the community 
 95.24  for an individual with the parent's qualifications. 
 95.25     Subd. 3.  [INSUFFICIENT INFORMATION.] If there is 
 95.26  insufficient information to determine actual income or to impute 
 95.27  income pursuant to subdivision 1 or 2, the court may calculate 
 95.28  support based on full-time employment of 40 hours per week at 
 95.29  150 percent of the federal minimum wage or the Minnesota minimum 
 95.30  wage, whichever is higher. 
 95.31     Subd. 4.  [PARENT PROVIDING AT-HOME CHILD CARE.] If a 
 95.32  parent stays home to care for a child who is the subject of the 
 95.33  child support order, the court must consider the following 
 95.34  factors when determining whether the parent is voluntarily 
 95.35  unemployed or underemployed: 
 95.36     (1) the parties' parenting and child care arrangements 
 96.1   before the child support action; 
 96.2      (2) the stay-at-home parent's employment history, including 
 96.3   recency of employment and earnings, and the availability of jobs 
 96.4   within the community for an individual with the parent's 
 96.5   qualifications; 
 96.6      (3) the relationship between the employment-related 
 96.7   expenses, including child care, transportation costs, suitable 
 96.8   clothing, and other items required for the parent to be 
 96.9   employed, and the income the stay-at-home parent could receive 
 96.10  from available jobs within the community for an individual with 
 96.11  the parent's qualifications; 
 96.12     (4) the child's age and health, including whether the child 
 96.13  is physically or mentally disabled; and 
 96.14     (5) the availability of appropriate child care providers. 
 96.15     Sec. 12.  [517C.14] [PRESUMPTIVE CHILD SUPPORT ORDER; 
 96.16  GENERAL.] 
 96.17     Subdivision 1.  [REBUTTABLE PRESUMPTION.] The guidelines in 
 96.18  sections 517C.12 to 517C.18 are a rebuttable presumption and 
 96.19  must be used in all cases when establishing or modifying child 
 96.20  support. 
 96.21     Subd. 2.  [CHILD'S INSURANCE BENEFIT.] In establishing or 
 96.22  modifying child support, if a child receives a child's insurance 
 96.23  benefit under United States Code, title 42, section 402, because 
 96.24  the obligor is entitled to old age or disability insurance 
 96.25  benefits, the amount of support ordered must be offset by the 
 96.26  amount of the child's benefit.  The court must make findings 
 96.27  regarding the obligor's income from all sources, the child 
 96.28  support amount calculated under this chapter, the amount of the 
 96.29  child's benefit, and the obligor's child support obligation.  A 
 96.30  benefit received by the child in a given month in excess of the 
 96.31  child support obligation must not be treated as a payment of 
 96.32  arrears or a future payment. 
 96.33     Sec. 13.  [517C.15] [BASIC SUPPORT.] 
 96.34     Subdivision 1.  [BASIC SUPPORT; SCHEDULE.] (a) Unless 
 96.35  otherwise agreed to by the parents and approved by the court, 
 96.36  the court must order that basic support be divided between the 
 97.1   parents based on their proportionate share of the parents' 
 97.2   combined monthly income, as determined under section 517C.12. 
 97.3      (b) For parents with a combined monthly income less than or 
 97.4   equal to 100 percent of the federal poverty guidelines amount 
 97.5   for two people, the commissioner of human services must 
 97.6   determine the percentages in this paragraph by taking two times 
 97.7   the minimum basic support amount under section 517C.18, 
 97.8   subdivision 2, divided by 100 percent of the federal poverty 
 97.9   guidelines amount for two people.  For all other parents, basic 
 97.10  support must be computed using the following schedule, prepared 
 97.11  based on 2001 United States Department of Agriculture 
 97.12  expenditure data: 
 97.13  Parents'               Number of Children
 97.14  Combined 
 97.15  Monthly 
 97.16  Income              One    Two   Three   Four   Five   Six
 97.17   
 97.18  Below $1,000       10.0%  16.1%  18.6%  21.6%  25.1%  29.1%
 97.19  $1,000 - $1,499    10.0%  16.1%  18.6%  21.6%  25.1%  29.1%
 97.20  $1,500 - $1,999    19.4%  31.3%  36.2%  42.0%  48.7%  56.5%
 97.21  $2,000 - $2,499    28.7%  46.3%  53.5%  62.1%  72.0%  83.5%
 97.22  $2,500 - $2,999    25.0%  40.3%  46.5%  53.9%  62.6%  72.6%
 97.23  $3,000 - $3,499    22.5%  36.3%  41.9%  48.6%  56.4%  65.4%
 97.24  $3,500 - $3,999    20.7%  33.4%  38.5%  44.7%  51.8%  60.1%
 97.25  $4,000 - $4,499    19.4%  31.2%  36.1%  41.9%  48.6%  56.3%
 97.26  $4,500 - $4,999    18.3%  29.6%  34.1%  39.6%  45.9%  53.2%
 97.27  $5,000 - $5,499    17.5%  28.2%  32.6%  37.8%  43.9%  50.9%
 97.28  $5,500 - $5,999    16.8%  27.1%  31.3%  36.3%  42.1%  48.9%
 97.29  $6,000 - $6,400    16.2%  26.2%  30.2%  35.0%  40.6%  47.1%
 97.30  $6,500 - $6,999    15.8%  25.4%  29.3%  34.0%  39.4%  45.7%
 97.31  $7,000 - $7,499    15.4%  24.8%  28.6%  33.2%  38.5%  44.6%
 97.32  $7,500 - $7,999    15.0%  24.2%  27.9%  32.4%  37.5%  43.5%
 97.33  $8,000 - $8,499    14.7%  23.7%  27.3%  31.7%  36.7%  42.6%
 97.34  $8,500 - $8,999    14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 97.35  $9,000 - $9,499    14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 97.36  $9,500 - $9,999    14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 97.37  $10,000 - $10,499  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 98.1   $10,500 - $10,999  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 98.2   $11,000 - $11,499  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 98.3   $11,500 - $11,999  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 98.4   $12,000 - $12,499  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 98.5   $12,500 - $12,999  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 98.6   $13,000 - $13,499  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 98.7   $13,500 - $13,999  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 98.8   $14,000 - $14,499  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 98.9   $14,500 - $14,999  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 98.10  $15,000 or
 98.11  the amount         14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 98.12  in effect
 98.13  under subd. 4
 98.14     (c) The commissioner of human services must compute and 
 98.15  publish a schedule of basic support amounts calculated using the 
 98.16  percentages in paragraph (b).  The schedule must show basic 
 98.17  support amounts for combined monthly income increments of not 
 98.18  more than $100.  The commissioner must determine the percentages 
 98.19  for each income increment by interpolating between the 
 98.20  percentages in paragraph (b).  The commissioner may disregard a 
 98.21  fractional part of a dollar unless it amounts to 50 cents or 
 98.22  more, in which case the commissioner may increase the amount by 
 98.23  $1. 
 98.24     Subd. 2.  [SEPARATE HOUSEHOLD ADJUSTMENT.] After 
 98.25  determining each parent's basic support under subdivision 1, the 
 98.26  court must reduce the basic support of each parent by 20 percent.
 98.27     Subd. 3.  [JOINT PHYSICAL CUSTODY.] (a) If the parents' 
 98.28  parenting time approximates joint physical custody, an obligor's 
 98.29  basic support obligation is 50 percent of the difference between 
 98.30  the parents' basic support obligation, as determined under 
 98.31  subdivision 1. 
 98.32     (b) A parenting time division approximates joint physical 
 98.33  custody if each parent provides, or is responsible for 
 98.34  providing, care at least 45 percent of the days in a year. 
 98.35     (c) For purposes of this subdivision, the following 
 98.36  principles apply: 
 98.37     (1) the label given to a custody arrangement is not 
 99.1   determinative; 
 99.2      (2) the actual division of parenting time controls; and 
 99.3      (3) an overnight stay presumptively constitutes a day of 
 99.4   caregiving. 
 99.5      (d) The court must make specific findings in support of an 
 99.6   adjustment to an obligor's basic support obligation under this 
 99.7   subdivision. 
 99.8      Subd. 4.  [INCOME CAP ON DETERMINING BASIC SUPPORT.] (a) 
 99.9   The basic support obligation for parents with a combined monthly 
 99.10  income in excess of the income limit currently in effect under 
 99.11  subdivision 1 must be the same dollar amount as provided for 
 99.12  parents with a combined monthly income equal to the income limit 
 99.13  in effect under subdivision 1. 
 99.14     (b) A court may order a basic support obligation in a child 
 99.15  support order in an amount that exceeds the income limit in 
 99.16  subdivision 1 if it finds that a child has a disability or other 
 99.17  substantial, demonstrated need for the additional support and 
 99.18  that the additional support will directly benefit the child. 
 99.19     (c) The dollar amount for the cap in subdivision 1 must be 
 99.20  adjusted on July 1 of every even-numbered year to reflect 
 99.21  cost-of-living changes.  The Supreme Court must select the index 
 99.22  for the adjustment from the indices listed in section 517C.31.  
 99.23  The state court administrator must make the changes in the 
 99.24  dollar amounts required by this paragraph available to courts 
 99.25  and the public on or before April 30 of the year in which the 
 99.26  amount is to change. 
 99.27     Subd. 5.  [MORE THAN SIX CHILDREN.] If a child support 
 99.28  proceeding involves more than six children, the court may derive 
 99.29  a support order without specifically following the guidelines.  
 99.30  However, the court must consider the basic principles 
 99.31  encompassed by the guidelines and must consider both parents' 
 99.32  needs, resources, and circumstances. 
 99.33     Subd. 6.  [REPORT TO LEGISLATURE.] By January 15 each year, 
 99.34  the commissioner of human services must submit a report to the 
 99.35  legislature on the basic support schedule.  The report must 
 99.36  include the following: 
100.1      (1) information on any changes to the United States 
100.2   Department of Agriculture expenditure data used in constructing 
100.3   the basic support schedule under subdivision 1; 
100.4      (2) information on any new sources of economic data that 
100.5   could be used to construct a basic support schedule; and 
100.6      (3) a summary of any problems or concerns with implementing 
100.7   or applying the basic support schedule, and recommendations on 
100.8   how to resolve those problems or concerns. 
100.9      Sec. 14.  [517C.16] [CHILD CARE SUPPORT.] 
100.10     Subdivision 1.  [CHILD CARE COSTS.] Unless otherwise agreed 
100.11  to by the parties and approved by the court, the court must 
100.12  order that the child care costs be divided between the obligor 
100.13  and obligee based on their proportionate share of the parties' 
100.14  combined monthly income, as determined under section 517C.12. 
100.15     Subd. 2.  [LOW-INCOME OBLIGOR.] (a) If the obligor's income 
100.16  as determined under section 517C.12 meets the income eligibility 
100.17  requirements for child care assistance under the basic sliding 
100.18  fee program under chapter 119B, the court must order the obligor 
100.19  to pay the lesser of the following amounts: 
100.20     (1) the amount of the obligor's monthly co-payment for 
100.21  child care assistance under the basic sliding fee schedule 
100.22  established by the commissioner of education under chapter 119B, 
100.23  based on an obligor's monthly gross income as determined under 
100.24  section 517C.12 and the size of the obligor's household.  For 
100.25  purposes of this subdivision, the obligor's household includes 
100.26  the obligor and the number of children for whom child support is 
100.27  being ordered; or 
100.28     (2) the amount of the obligor's child care obligation under 
100.29  subdivision 1. 
100.30     (b) The commissioner of human services must publish a table 
100.31  with the child care assistance basic sliding fee amounts and 
100.32  update the table for changes to the basic sliding fee schedule 
100.33  by July 1 of each year. 
100.34     Subd. 3.  [DETERMINING COSTS.] (a) The court must require 
100.35  verification of employment or school attendance and 
100.36  documentation of child care expenses from the obligee and the 
101.1   public authority, if applicable. 
101.2      (b) If child care expenses fluctuate during the year 
101.3   because of the obligee's seasonal employment or school 
101.4   attendance or extended periods of parenting time with the 
101.5   obligor, the court must determine child care expenses based on 
101.6   an average monthly cost. 
101.7      (c) The amount allocated for child care expenses is 
101.8   considered child support but is not subject to a cost-of-living 
101.9   adjustment under section 517C.31. 
101.10     (d) The court may allow the parent with whom the child does 
101.11  not reside to care for the child while the parent with whom the 
101.12  child resides is working or attending school, as provided in 
101.13  section 517B.25, subdivision 8.  Allowing the parent with whom 
101.14  the child does not reside to care for the child under section 
101.15  517B.25, subdivision 8, is not a reason to deviate from the 
101.16  guidelines. 
101.17     Subd. 4.  [CHANGE IN CHILD CARE.] (a) When a court order 
101.18  provides for child care expenses and the public authority 
101.19  provides child support enforcement services, the public 
101.20  authority must suspend collecting the amount allocated for child 
101.21  care expenses when: 
101.22     (1) either party informs the public authority that no child 
101.23  care costs are being incurred; and 
101.24     (2) the public authority verifies the accuracy of the 
101.25  information.  
101.26  The public authority will resume collecting child care expenses 
101.27  when either party provides information that child care costs 
101.28  have resumed. 
101.29     (b) If the parties provide conflicting information to the 
101.30  public authority regarding whether child care expenses are being 
101.31  incurred, the public authority will continue or resume 
101.32  collecting child care expenses.  Either party, by motion to the 
101.33  court, may challenge the suspension or resumption of the 
101.34  collection of child care expenses.  If the public authority 
101.35  suspends collection activities for the amount allocated for 
101.36  child care expenses, all other provisions of the court order 
102.1   remain in effect. 
102.2      (c) In cases where there is a substantial increase or 
102.3   decrease in child care expenses, the parties may modify the 
102.4   order under section 517C.31. 
102.5      Sec. 15.  [517C.17] [MEDICAL SUPPORT.] 
102.6      Subdivision 1.  [DEFINITIONS.] The definitions in this 
102.7   subdivision apply to this chapter. 
102.8      (a) "Health care coverage" means health care benefits that 
102.9   are provided by a health plan. Health care coverage does not 
102.10  include any form of medical assistance under chapter 256B or 
102.11  MinnesotaCare under chapter 256L. 
102.12     (b) "Health carrier" means a carrier as defined in sections 
102.13  62A.011, subdivision 2, and 62L.02, subdivision 16. 
102.14     (c) "Health plan" means a plan meeting the definition under 
102.15  section 62A.011, subdivision 3, a group health plan governed 
102.16  under the federal Employee Retirement Income Security Act of 
102.17  1974 (ERISA), a self-insured plan under sections 43A.23 to 
102.18  43A.317 and 471.617, or a policy, contract, or certificate 
102.19  issued by a community-integrated service network licensed under 
102.20  chapter 62N.  Health plan includes plans:  (1) provided on an 
102.21  individual and group basis; (2) provided by an employer or 
102.22  union; (3) purchased in the private market; and (4) available to 
102.23  a person eligible to carry insurance for the child.  Health plan 
102.24  includes a plan providing for dependent-only dental or vision 
102.25  coverage and a plan provided through a party's spouse or parent. 
102.26     (d) "Medical support" means providing health care coverage 
102.27  for a child by carrying health care coverage for the child or by 
102.28  contributing to the cost of health care coverage, public 
102.29  coverage, unreimbursed medical expenses, and uninsured medical 
102.30  expenses of the child. 
102.31     (e) "National medical support notice" means an 
102.32  administrative notice issued by the public authority to enforce 
102.33  health insurance provisions of a support order in accordance 
102.34  with Code of Federal Regulations, title 45, section 303.32, in 
102.35  cases where the public authority provides support enforcement 
102.36  services. 
103.1      (f) "Public coverage" means health care benefits provided 
103.2   by any form of medical assistance under chapter 256B or 
103.3   MinnesotaCare under chapter 256L. 
103.4      (g) "Uninsured medical expenses" means a child's reasonable 
103.5   and necessary health-related expenses if the child is not 
103.6   covered by a health plan or public coverage when the expenses 
103.7   are incurred. 
103.8      (h) "Unreimbursed medical expenses" means a child's 
103.9   reasonable and necessary health-related expenses if a child is 
103.10  covered by a health plan or public coverage and the plan or 
103.11  coverage does not pay for the total cost of the expenses when 
103.12  the expenses are incurred.  Unreimbursed medical expenses do not 
103.13  include the cost of premiums.  Unreimbursed medical expenses 
103.14  include, but are not limited to, deductibles, co-payments, and 
103.15  expenses for orthodontia, prescription eyeglasses and contact 
103.16  lenses, and over-the-counter medicine. 
103.17     Subd. 2.  [ORDER.] (a) A completed national medical support 
103.18  notice issued by the public authority or a court order that 
103.19  complies with this section is a qualified medical child support 
103.20  order under the federal Employee Retirement Income Security Act 
103.21  of 1974 (ERISA), United States Code, title 29, section 1169(a). 
103.22     (b) Every order addressing child support must state: 
103.23     (1) the names, last known addresses, and Social Security 
103.24  numbers of the parents and the child that is a subject of the 
103.25  order unless the court prohibits the inclusion of an address or 
103.26  Social Security number and orders the parents to provide the 
103.27  address and Social Security number to the administrator of the 
103.28  health plan; 
103.29     (2) whether appropriate health care coverage for the child 
103.30  is available and, if so, state: 
103.31     (i) which party must carry health care coverage; 
103.32     (ii) the cost of premiums and how the cost is allocated 
103.33  between the parties; 
103.34     (iii) how unreimbursed expenses will be allocated and 
103.35  collected by the parties; and 
103.36     (iv) the circumstances, if any, under which the obligation 
104.1   to provide health care coverage for the child will shift from 
104.2   one party to the other; 
104.3      (3) if appropriate health care coverage is not available 
104.4   for the child, whether a contribution for medical support is 
104.5   required; and 
104.6      (4) whether the amount ordered for medical support is 
104.7   subject to a cost-of-living adjustment under section 517C.31. 
104.8      Subd. 3.  [DETERMINING APPROPRIATE HEALTH CARE 
104.9   COVERAGE.] (a) In determining whether a party has appropriate 
104.10  health care coverage for the child, the court must evaluate the 
104.11  health plan using the following factors: 
104.12     (1) accessible coverage.  Dependent health care coverage is 
104.13  accessible if the covered child can obtain services from a 
104.14  health plan provider with reasonable effort by the parent with 
104.15  whom the child resides.  Health care coverage is presumed 
104.16  accessible if: 
104.17     (i) primary care coverage is available within 30 minutes or 
104.18  30 miles of the child's residence and specialty care coverage is 
104.19  available within 60 minutes or 60 miles of the child's 
104.20  residence; 
104.21     (ii) the coverage is available through an employer and the 
104.22  employee can be expected to remain employed for a reasonable 
104.23  amount of time; and 
104.24     (iii) no preexisting conditions exist to delay coverage 
104.25  unduly; 
104.26     (2) comprehensive coverage.  Dependent health care coverage 
104.27  is comprehensive if it includes, at a minimum, medical and 
104.28  hospital coverage and provides for preventive, emergency, acute, 
104.29  and chronic care.  If both parties have health care coverage 
104.30  that meets the minimum requirements, the court must determine 
104.31  which health care coverage is more comprehensive by considering 
104.32  whether the coverage includes: 
104.33     (i) basic dental coverage; 
104.34     (ii) orthodontia; 
104.35     (iii) eyeglasses; 
104.36     (iv) contact lenses; 
105.1      (v) mental health services; or 
105.2      (vi) substance abuse treatment; 
105.3      (3) affordable coverage.  Dependent health care coverage is 
105.4   affordable if a party's gross income is 150 percent of the 
105.5   federal poverty guidelines or more and the party's contribution 
105.6   to the health care coverage premium does not exceed five percent 
105.7   of the party's gross income.  If a party's gross income is less 
105.8   than 150 percent of the federal poverty guidelines, it is 
105.9   presumed that the party is unable to contribute to the cost of 
105.10  health care coverage unless health care is available at no or 
105.11  low cost to that party; and 
105.12     (4) the child's special medical needs, if any. 
105.13     (b) If both parties have health care coverage available for 
105.14  a child, and the court determines under paragraph (a), clauses 
105.15  (1) and (2), that the available coverage is comparable with 
105.16  regard to accessibility and comprehensiveness, the least costly 
105.17  health care coverage is the appropriate health care coverage for 
105.18  the child. 
105.19     Subd. 4.  [ORDERING HEALTH CARE COVERAGE.] (a) If a child 
105.20  is presently enrolled in health care coverage, the court must 
105.21  order that the parent who currently has the child enrolled 
105.22  continue that enrollment unless the parties agree otherwise or a 
105.23  party requests a change in coverage and the court determines 
105.24  that other health care coverage is more appropriate. 
105.25     (b) If a child is not presently enrolled in health care 
105.26  coverage, upon motion of a party or the public authority, the 
105.27  court must determine whether one or both parties have 
105.28  appropriate health care coverage for the child and order the 
105.29  party with appropriate health care coverage available to carry 
105.30  the coverage for the child. 
105.31     (c) If only one party has appropriate health care coverage 
105.32  available, the court must order that party to carry the coverage 
105.33  for the child. 
105.34     (d) If both parties have appropriate health care coverage 
105.35  available, the court must order the parent with whom the child 
105.36  resides to carry the coverage for the child, unless: 
106.1      (1) either party expresses a preference for coverage 
106.2   available through the parent with whom the child does not 
106.3   reside; 
106.4      (2) the parent with whom the child does not reside is 
106.5   already carrying dependent health care coverage for other 
106.6   children and the cost of contributing to the premiums of the 
106.7   other parent's coverage would cause the parent with whom the 
106.8   child does not reside extreme hardship; or 
106.9      (3) the parents agree to provide coverage and agree on the 
106.10  allocation of costs. 
106.11     (e) If the exception in paragraph (d), clause (1) or (2), 
106.12  applies, the court must determine which party has the most 
106.13  appropriate coverage available and order that party to carry 
106.14  coverage for the child.  If the court determines under 
106.15  subdivision 3, paragraph (a), clauses (1) and (2), that the 
106.16  parties' health care coverage for the child is comparable with 
106.17  regard to accessibility and comprehensiveness, the court must 
106.18  order the party with the least costly health care coverage to 
106.19  carry coverage for the child. 
106.20     (f) If neither party has appropriate health care coverage 
106.21  available, the court must order the parent with whom the child 
106.22  does not reside to contribute toward the cost of public coverage 
106.23  for the child or the child's uninsured medical expenses in an 
106.24  amount equal to the lesser of: 
106.25     (1) five percent of gross income; or 
106.26     (2) the monthly amount the parent with whom the child does 
106.27  not reside would pay for the child's premiums if the parent's 
106.28  income meets the eligibility requirements for public coverage.  
106.29  For purposes of determining the premium amount, a parent's 
106.30  household size is equal to the parent plus the child who is the 
106.31  subject of the child support order.  The court may order the 
106.32  parent with whom the child resides to apply for public coverage 
106.33  for the child. 
106.34     (g) The commissioner of human services must publish a table 
106.35  with the premium schedule for public coverage and update the 
106.36  chart for changes to the schedule by July 1 of each year. 
107.1      Subd. 5.  [MEDICAL SUPPORT COSTS; UNREIMBURSED AND 
107.2   UNINSURED MEDICAL EXPENSES.] (a) Unless otherwise agreed to by 
107.3   the parties and approved by the court, the court must order that 
107.4   the cost of health care coverage and all unreimbursed and 
107.5   uninsured medical expenses be divided between the obligor and 
107.6   obligee based on their proportionate share of the parties' 
107.7   combined monthly income, as determined under section 517C.12. 
107.8      (b) If a party owes a child support obligation for a child 
107.9   and is ordered to carry health care coverage for the child, and 
107.10  the other party is ordered to contribute to the carrying party's 
107.11  cost for coverage, the carrying party's child support payment 
107.12  must be reduced by the amount of the contributing party's 
107.13  contribution. 
107.14     (c) If a party owes a child support obligation for a child 
107.15  and is ordered to contribute to the other party's cost for 
107.16  carrying health care coverage for the child, the contributing 
107.17  party's child support payment must be increased by the amount of 
107.18  the contribution. 
107.19     (d) If a party's obligation for health care coverage 
107.20  premiums is greater than five percent of the party's gross 
107.21  income, the court may order the other party to contribute more 
107.22  for the cost of the premiums, if doing so would not result in 
107.23  extreme hardship to that party.  If an additional contribution 
107.24  causes a party extreme hardship, the court must order the 
107.25  obligor to contribute the lesser of the two amounts under 
107.26  subdivision 4, paragraph (f). 
107.27     (e) If the party ordered to carry health care coverage for 
107.28  the child already carries dependent health care coverage for 
107.29  other dependents and would incur no additional premium costs to 
107.30  add the child to the existing coverage, the court must not order 
107.31  the other party to contribute to the premium costs for coverage 
107.32  of the child. 
107.33     (f) If a party ordered to carry health care coverage for 
107.34  the child does not already carry dependent health care coverage 
107.35  but has other dependents who may be added to the ordered 
107.36  coverage, the full premium costs of the dependent health care 
108.1   coverage must be allocated between the parties in proportion to 
108.2   the party's share of the parties' combined income, unless the 
108.3   parties agree otherwise. 
108.4      (g) If a party ordered to carry health care coverage for 
108.5   the child is required to enroll in a health plan so that the 
108.6   child can be enrolled in dependent health care coverage under 
108.7   the plan, the court must allocate the costs of the dependent 
108.8   health care coverage between the parties.  The costs of the 
108.9   health care coverage for the party ordered to carry the coverage 
108.10  for the child must not be allocated between the parties. 
108.11     Subd. 6.  [NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER, 
108.12  UNION, OR HEALTH CARRIER.] (a) The public authority must forward 
108.13  a copy of the national medical support notice or court order for 
108.14  health care coverage to the party's employer within two business 
108.15  days after the date the party is entered into the work reporting 
108.16  system under section 256.998. 
108.17     (b) The public authority or a party seeking to enforce an 
108.18  order for health care coverage must forward a copy of the 
108.19  national medical support notice or court order to the obligor's 
108.20  employer or union, or to the health carrier under the following 
108.21  circumstances: 
108.22     (1) the party ordered to carry health care coverage for the 
108.23  child fails to provide written proof to the other party or the 
108.24  public authority, within 30 days of the effective date of the 
108.25  court order, that the party has applied for health care coverage 
108.26  for the child; 
108.27     (2) the party seeking to enforce the order or the public 
108.28  authority gives written notice to the party ordered to carry 
108.29  health care coverage for the child of its intent to enforce 
108.30  medical support.  The party seeking to enforce the order or 
108.31  public authority must mail the written notice to the last known 
108.32  address of the party ordered to carry health care coverage for 
108.33  the child; and 
108.34     (3) the party ordered to carry health care coverage for the 
108.35  child fails, within 15 days after the date on which the written 
108.36  notice under clause (2) was mailed, to provide written proof to 
109.1   the other party or the public authority that the party has 
109.2   applied for health care coverage for the child. 
109.3      (c) The public authority is not required to forward a copy 
109.4   of the national medical support notice or court order to the 
109.5   obligor's employer or union, or to the health carrier, if the 
109.6   court orders health care coverage for the child that is not 
109.7   employer-based or union-based coverage. 
109.8      Subd. 7.  [EMPLOYER OR UNION REQUIREMENTS.] (a) An employer 
109.9   or union must forward the national medical support notice or 
109.10  court order to its health plan within 20 business days after the 
109.11  date on the national medical support notice or after receipt of 
109.12  the court order. 
109.13     (b) Upon determination by an employer's or union's health 
109.14  plan administrator that a child is eligible to be covered under 
109.15  the health plan, the employer or union and health plan must 
109.16  enroll the child as a beneficiary in the health plan, and the 
109.17  employer must withhold any required premiums from the income or 
109.18  wages of the party ordered to carry health care coverage for the 
109.19  child. 
109.20     (c) If enrollment of the party ordered to carry health care 
109.21  coverage for a child is necessary to obtain dependent health 
109.22  care coverage under the plan, and the party is not enrolled in 
109.23  the health plan, the employer or union must enroll the party in 
109.24  the plan. 
109.25     (d) Enrollment of dependents and, if necessary, the party 
109.26  ordered to carry health care coverage for the child must be 
109.27  immediate and not dependent upon open enrollment periods. 
109.28  Enrollment is not subject to the underwriting policies under 
109.29  section 62A.048. 
109.30     (e) Failure of the party ordered to carry health care 
109.31  coverage for the child to execute any documents necessary to 
109.32  enroll the dependent in the health plan does not affect the 
109.33  obligation of the employer or union and health plan to enroll 
109.34  the dependent in a plan.  Information and authorization provided 
109.35  by the public authority, or by a party or guardian, is valid for 
109.36  the purposes of meeting enrollment requirements of the health 
110.1   plan. 
110.2      (f) An employer or union that is included under the federal 
110.3   Employee Retirement Income Security Act of 1974 (ERISA), United 
110.4   States Code, title 29, section 1169(a), may not deny enrollment 
110.5   to the child or to the parent if necessary to enroll the child 
110.6   based on exclusionary clauses described in section 62A.048. 
110.7      (g) A new employer or union of a party who is ordered to 
110.8   provide health care coverage for a child must enroll the child 
110.9   in the party's health plan as required by a national medical 
110.10  support notice or court order. 
110.11     Subd. 8.  [HEALTH PLAN REQUIREMENTS.] (a) If a health plan 
110.12  administrator receives a completed national medical support 
110.13  notice or court order, the plan administrator must notify the 
110.14  parties, and the public authority if the public authority 
110.15  provides support enforcement services, within 40 business days 
110.16  after the date of the notice or after receipt of the court 
110.17  order, of the following: 
110.18     (1) whether coverage is available to the child under the 
110.19  terms of the health plan and, if not, the reason why coverage is 
110.20  not available; 
110.21     (2) whether the child is covered under the health plan; 
110.22     (3) the effective date of the child's coverage under the 
110.23  health plan; and 
110.24     (4) what steps, if any, are required to effectuate the 
110.25  child's coverage under the health plan. 
110.26     (b) If the employer or union offers more than one plan and 
110.27  the national medical support notice or court order does not 
110.28  specify the plan to be carried, the plan administrator must 
110.29  notify the parents and the public authority if the public 
110.30  authority provides support enforcement services.  When there is 
110.31  more than one option available under the plan, the public 
110.32  authority, in consultation with the parent with whom the child 
110.33  resides, must promptly select from available plan options. 
110.34     (c) The plan administrator must provide the parents and 
110.35  public authority, if the public authority provides support 
110.36  enforcement services, with a notice of the child's enrollment, 
111.1   description of the coverage, and any documents necessary to 
111.2   effectuate coverage. 
111.3      (d) The health plan must send copies of all correspondence 
111.4   regarding the health care coverage to the parents. 
111.5      (e) An insured child's parent's signature is a valid 
111.6   authorization to a health plan for purposes of processing an 
111.7   insurance reimbursement payment to the medical services provider 
111.8   or to the parent, if medical services have been prepaid by that 
111.9   parent. 
111.10     Subd. 9.  [EMPLOYER OR UNION LIABILITY.] (a) An employer or 
111.11  union that willfully fails to comply with the order or notice is 
111.12  liable for any uninsured medical expenses incurred by the 
111.13  dependents while the dependents were eligible to be enrolled in 
111.14  the health plan and for any other premium costs incurred because 
111.15  the employer or union willfully failed to comply with the order 
111.16  or notice. 
111.17     (b) An employer or union that fails to comply with the 
111.18  order or notice is subject to a contempt finding, a $250 civil 
111.19  penalty under section 517C.57, and is subject to a civil penalty 
111.20  of $500 to be paid to the party entitled to reimbursement or the 
111.21  public authority.  Penalties paid to the public authority are 
111.22  designated for child support enforcement services. 
111.23     Subd. 10.  [CONTESTING ENROLLMENT.] (a) A party may contest 
111.24  a child's enrollment in a health plan on the limited grounds 
111.25  that the enrollment is improper due to mistake of fact or that 
111.26  the enrollment meets the requirements of section 517C.26. 
111.27     (b) If the party chooses to contest the enrollment, the 
111.28  party must do so no later than 15 days after the employer 
111.29  notifies the party of the enrollment by doing the following: 
111.30     (1) filing a motion in district court or according to 
111.31  section 484.702 and the expedited child support process rules if 
111.32  the public authority provides support enforcement services; 
111.33     (2) serving the motion on the other party and public 
111.34  authority if the public authority provides support enforcement 
111.35  services; and 
111.36     (3) securing a date for the matter to be heard no later 
112.1   than 45 days after the notice of enrollment. 
112.2      (c) The enrollment must remain in place while the party 
112.3   contests the enrollment. 
112.4      Subd. 11.  [DISENROLLMENT; CONTINUATION OF COVERAGE; 
112.5   COVERAGE OPTIONS.] (a) Unless a court order provides otherwise, 
112.6   a child for whom a party is required to provide health care 
112.7   coverage under this section must be covered as a dependent of 
112.8   the party until the child is emancipated, until further order of 
112.9   the court, or as consistent with the terms of the coverage. 
112.10     (b) The health carrier, employer, or union may not 
112.11  disenroll or eliminate coverage for the child unless: 
112.12     (1) the health carrier, employer, or union is provided 
112.13  satisfactory written evidence that the court order is no longer 
112.14  in effect; 
112.15     (2) the child is or will be enrolled in comparable health 
112.16  care coverage through another health plan that will take effect 
112.17  no later than the effective date of the disenrollment; 
112.18     (3) the employee is no longer eligible for dependent 
112.19  coverage; or 
112.20     (4) the required premium has not been paid by or on behalf 
112.21  of the child. 
112.22     (c) The health plan must provide 30 days' written notice to 
112.23  the child's parents, and the public authority if the public 
112.24  authority provides support enforcement services, before the 
112.25  health plan disenrolls or eliminates the child's coverage. 
112.26     (d) A child enrolled in health care coverage under a 
112.27  qualified medical child support order, including a national 
112.28  medical support notice, under this section is a dependent and a 
112.29  qualified beneficiary under the Consolidated Omnibus Budget and 
112.30  Reconciliation Act of 1985 (COBRA), Public Law 99-272.  Upon 
112.31  expiration of the order, the child is entitled to the 
112.32  opportunity to elect continued coverage that is available under 
112.33  the health plan.  The employer or union must provide notice to 
112.34  the parties and the public authority, if it provides support 
112.35  services, within ten days of the termination date. 
112.36     (e) If the public authority provides support enforcement 
113.1   services and a plan administrator reports to the public 
113.2   authority that there is more than one coverage option available 
113.3   under the health plan, the public authority, in consultation 
113.4   with the parent with whom the child resides, must promptly 
113.5   select coverage from the available options. 
113.6      Subd. 12.  [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court 
113.7   must require the parent with whom the child does not reside to 
113.8   provide dependent health care coverage for the benefit of the 
113.9   parent with whom the child resides if the parent is ordered to 
113.10  provide dependent health care coverage for the parties' child 
113.11  and adding the other parent to the coverage results in no 
113.12  additional premium cost. 
113.13     Subd. 13.  [DISCLOSURE OF INFORMATION.] (a) If the public 
113.14  authority provides support enforcement services, the parties 
113.15  must provide the public authority with the following information:
113.16     (1) information relating to dependent health care coverage 
113.17  or public coverage available for the benefit of the child for 
113.18  whom support is sought, including all information required to be 
113.19  included in a medical support order under this section; 
113.20     (2) verification that application for court-ordered health 
113.21  care coverage was made within 30 days of the court's order; and 
113.22     (3) the reason that a child is not enrolled in 
113.23  court-ordered health care coverage, if a child is not enrolled 
113.24  in coverage or subsequently loses coverage. 
113.25     (b) Upon request from the public authority under section 
113.26  256.978, an employer, union, or plan administrator, including an 
113.27  employer subject to the federal Employee Retirement Income 
113.28  Security Act of 1974 (ERISA), United States Code, title 29, 
113.29  section 1169(a), must provide the public authority the following 
113.30  information: 
113.31     (1) information relating to dependent health care coverage 
113.32  available to a party for the benefit of the child for whom 
113.33  support is sought, including all information required to be 
113.34  included in a medical support order under this section; and 
113.35     (2) information that will enable the public authority to 
113.36  determine whether a health plan is appropriate for a child, 
114.1   including, but not limited to, all available plan options, any 
114.2   geographic service restrictions, and the location of service 
114.3   providers. 
114.4      (c) The employer, union, or plan administrator must not 
114.5   release information regarding one party to the other party.  The 
114.6   employer, union, or plan administrator must provide both parties 
114.7   with insurance identification cards and all necessary written 
114.8   information to enable the parties to utilize the insurance 
114.9   benefits for the covered dependent. 
114.10     (d) The public authority is authorized to release to a 
114.11  party's employer, union, or health plan information necessary to 
114.12  verify availability of dependent health care coverage, or to 
114.13  establish, modify, or enforce medical support. 
114.14     (e) An employee must disclose to an employer if medical 
114.15  support is required to be withheld under this section and the 
114.16  employer must begin withholding according to the terms of the 
114.17  order and under section 517C.52.  If an employee discloses an 
114.18  obligation to obtain health care coverage and coverage is 
114.19  available through the employer, the employer must make all 
114.20  application processes known to the individual and enroll the 
114.21  employee and dependent in the plan. 
114.22     Subd. 14.  [CHILD SUPPORT ENFORCEMENT SERVICES.] The public 
114.23  authority must take necessary steps to establish and enforce an 
114.24  order for medical support if the child receives public 
114.25  assistance or a party completes an application for services from 
114.26  the public authority under section 517C.38, subdivision 2. 
114.27     Subd. 15.  [ENFORCEMENT.] (a) Remedies available for 
114.28  collecting and enforcing child support apply to medical support. 
114.29     (b) For the purpose of enforcement, the following are 
114.30  additional support: 
114.31     (1) the costs of individual or group health or 
114.32  hospitalization coverage; 
114.33     (2) dental coverage; 
114.34     (3) medical costs ordered by the court to be paid by either 
114.35  party, including health and dental insurance premiums paid by 
114.36  the obligee because of the obligor's failure to obtain coverage 
115.1   as ordered; and 
115.2      (4) liabilities established under this subdivision. 
115.3      (c) A party who fails to carry court-ordered dependent 
115.4   health care coverage is liable for the child's uninsured medical 
115.5   expenses unless a court order provides otherwise.  A party's 
115.6   failure to carry court-ordered coverage, or to provide other 
115.7   medical support as ordered, is a basis for modification of a 
115.8   support order under section 517C.28. 
115.9      (d) Payments by the health carrier or employer for services 
115.10  rendered to the dependents that are directed to a party not owed 
115.11  reimbursement must be endorsed over to and forwarded to the 
115.12  vendor or appropriate party or the public authority.  A party 
115.13  retaining insurance reimbursement not owed to the party is 
115.14  liable for the amount of the reimbursement. 
115.15     Subd. 16.  [INCOME WITHHOLDING; OFFSET.] (a) If a party 
115.16  owes no child support obligation for a child and is an obligor 
115.17  ordered to contribute to the other party's cost for carrying 
115.18  health care coverage for the child, the obligor is subject to an 
115.19  offset under subdivision 5 or income withholding under section 
115.20  517C.52. 
115.21     (b) If a party's court-ordered health care coverage for the 
115.22  child terminates and the child is not enrolled in other health 
115.23  care coverage or public coverage, and a modification motion is 
115.24  not pending, the public authority may remove the offset to a 
115.25  party's child support obligation or terminate income withholding 
115.26  instituted against a party under section 517C.52.  The public 
115.27  authority must provide notice to the parties of the action. 
115.28     (c) A party may contest the public authority's action to 
115.29  remove the offset to the child support obligation or terminate 
115.30  income withholding if the party makes a written request for a 
115.31  hearing within 30 days after receiving written notice.  If a 
115.32  party makes a timely request for a hearing, the public authority 
115.33  must schedule a hearing and send written notice of the hearing 
115.34  to the parties by mail to the parties' last known addresses at 
115.35  least 14 days before the hearing.  The hearing must be conducted 
115.36  in district court or in the expedited child support process if 
116.1   section 484.702 applies.  The district court or child support 
116.2   magistrate must determine whether removing the offset or 
116.3   terminating income withholding is appropriate and, if 
116.4   appropriate, the effective date for the removal or termination. 
116.5      (d) If the party does not request a hearing, the district 
116.6   court or child support magistrate must order the offset or 
116.7   income withholding termination effective the first day of the 
116.8   month following termination of the child's health care coverage. 
116.9      Subd. 17.  [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL 
116.10  EXPENSES.] (a) A party must initiate a request for reimbursement 
116.11  of unreimbursed and uninsured medical expenses within two years 
116.12  of the date that the party incurred the unreimbursed or 
116.13  uninsured medical expenses.  The time period in this paragraph 
116.14  does not apply if the location of the other party is unknown. 
116.15     (b) A party seeking reimbursement of unreimbursed and 
116.16  uninsured medical expenses must mail a written notice of intent 
116.17  to collect the expenses and a copy of an affidavit of health 
116.18  care expenses to the other party at the other party's last known 
116.19  address. 
116.20     (c) The written notice must include a statement that the 
116.21  party has 30 days from the date the notice was mailed to (1) pay 
116.22  in full; (2) enter a payment agreement; or (3) file a motion 
116.23  requesting a hearing contesting the matter.  If the public 
116.24  authority provides support enforcement services, the written 
116.25  notice also must include a statement that the requesting party 
116.26  must submit the amount due to the public authority for 
116.27  collection. 
116.28     (d) The affidavit of health care expenses must itemize and 
116.29  document the child's unreimbursed or uninsured medical expenses 
116.30  and include copies of all bills, receipts, and insurance company 
116.31  explanations of benefits. 
116.32     (e) If the public authority provides support enforcement 
116.33  services, the party seeking reimbursement must send to the 
116.34  public authority a copy of the written notice, the original 
116.35  affidavit, and copies of all bills, receipts, and insurance 
116.36  company explanations of benefits. 
117.1      (f) If the party does not respond to the request for 
117.2   reimbursement within 30 days, the party seeking reimbursement or 
117.3   public authority, if the public authority provides support 
117.4   enforcement services, must commence an enforcement action 
117.5   against the party under subdivision 18. 
117.6      (g) The public authority must serve the other party with a 
117.7   notice of intent to enforce unreimbursed and uninsured medical 
117.8   expenses and file an affidavit of service by mail with the 
117.9   district court administrator.  The notice must state that, 
117.10  unless the party (1) pays in full; (2) enters into a payment 
117.11  agreement; or (3) files a motion contesting the matter within 14 
117.12  days of service of the notice, the public authority will 
117.13  commence enforcement of the expenses as medical support arrears 
117.14  under subdivision 18. 
117.15     (h) If the party files a timely motion for a hearing 
117.16  contesting the requested reimbursement, the contesting party 
117.17  must schedule a hearing in district court or in the expedited 
117.18  child support process if section 484.702 applies.  The 
117.19  contesting party must provide the party seeking reimbursement 
117.20  and the public authority, if the public authority provides 
117.21  support enforcement services, with written notice of the hearing 
117.22  at least 14 days before the hearing by mailing notice of the 
117.23  hearing to the public authority and the party at the party's 
117.24  last known address.  The party seeking reimbursement must file 
117.25  the original affidavit of health care expenses with the court at 
117.26  least five days before the hearing.  Based upon the evidence 
117.27  presented, the district court or child support magistrate must 
117.28  determine liability for the expenses and order that the liable 
117.29  party is subject to enforcement of the expenses as medical 
117.30  support arrears under subdivision 18. 
117.31     Subd. 18.  [ENFORCING AN ORDER FOR MEDICAL SUPPORT 
117.32  ARREARS.] (a) If a party liable for unreimbursed and uninsured 
117.33  medical expenses owes a child support obligation to the party 
117.34  seeking reimbursement of the expenses, the expenses must be 
117.35  collected as medical support arrears. 
117.36     (b) If a party liable for unreimbursed and uninsured 
118.1   medical expenses does not owe a child support obligation to the 
118.2   party seeking reimbursement, and the party seeking reimbursement 
118.3   owes the liable party basic support arrears, the liable party's 
118.4   medical support arrears must be deducted from the amount of the 
118.5   basic support arrears.  
118.6      (c) If a liable party owes medical support arrears after 
118.7   deducting the amount owed from the amount of the child support 
118.8   arrears owed by the party seeking reimbursement, it must be 
118.9   collected as follows: 
118.10     (1) if the party seeking reimbursement owes a child support 
118.11  obligation to the liable party, the child support obligation 
118.12  must be reduced by 20 percent until the medical support arrears 
118.13  are satisfied; 
118.14     (2) if the party seeking reimbursement does not owe a child 
118.15  support obligation to the liable party, the liable party's 
118.16  income must be subject to income withholding under section 
118.17  517C.52 for an amount required under section 517C.71 until the 
118.18  medical support arrears are satisfied; or 
118.19     (3) if the party seeking reimbursement does not owe a child 
118.20  support obligation, and income withholding under section 517C.52 
118.21  is not available, payment of the medical support arrears must be 
118.22  required under a payment agreement under section 517C.71. 
118.23     (d) If a liable party fails to enter into or comply with a 
118.24  payment agreement, the party seeking reimbursement or the public 
118.25  authority, if it provides support enforcement services, may 
118.26  schedule a hearing to have a court order payment.  The party 
118.27  seeking reimbursement or the public authority must provide the 
118.28  liable party with written notice of the hearing at least 14 days 
118.29  before the hearing. 
118.30     Sec. 16.  [517C.18] [SELF-SUPPORT ADJUSTMENT.] 
118.31     Subdivision 1.  [ADJUSTMENT.] (a) If the sum of the 
118.32  obligor's basic support, child care support, and medical support 
118.33  obligation leaves the obligor with remaining income in an amount 
118.34  less than 120 percent of the federal poverty guidelines for one 
118.35  person, the court must reduce the obligor's child support 
118.36  obligation by an amount equal to the lesser of:  (1) the 
119.1   difference between the obligor's remaining income and 120 
119.2   percent of the federal poverty guidelines amount; or (2) the 
119.3   obligor's total child support obligation.  If the self-support 
119.4   adjustment results in an order amount less than $50 per month 
119.5   for one or two children or $75 per month for three or more 
119.6   children, the court must order basic support under subdivision 2.
119.7      (b) The court must apply the reduction to the obligor's 
119.8   child support obligation in the following order: 
119.9      (1) medical support obligation; 
119.10     (2) child care support obligation; and 
119.11     (3) basic support obligation. 
119.12     Subd. 2.  [MINIMUM BASIC SUPPORT AMOUNT.] (a) If the 
119.13  reduction under subdivision 1 equals the sum of the obligor's 
119.14  basic support, child care support, and medical support 
119.15  obligation, the court must order support as follows: 
119.16     (1) for one or two children, the obligor's basic support 
119.17  obligation is $50 per month; or 
119.18     (2) for three or more children, the obligor's basic support 
119.19  obligation is $75 per month. 
119.20     (b) If the court orders the obligor to pay the minimum 
119.21  basic support amount under this subdivision, the obligor is 
119.22  presumed unable to pay child care support and medical support. 
119.23     (c) If the court finds that an obligor receives no income 
119.24  and completely lacks the ability to earn income, the minimum 
119.25  basic support amount under this subdivision does not apply. 
119.26     Sec. 17.  [517C.19] [WORKSHEET.] 
119.27     The commissioner of human services must create and publish 
119.28  a worksheet to assist in calculating child support under 
119.29  sections 517C.12 to 517C.18.  The worksheet must not impose 
119.30  substantive requirements other than requirements contained in 
119.31  sections 517C.12 to 517C.18.  The commissioner must update the 
119.32  worksheet by July 1 of each year.  The commissioner must make an 
119.33  interactive version of the worksheet available on the Department 
119.34  of Human Services Web site. 
119.35     Sec. 18.  [517C.20] [DEVIATIONS.] 
119.36     Subdivision 1.  [GENERAL FACTORS.] In addition to the child 
120.1   support guidelines, the court must take into consideration the 
120.2   following factors in setting or modifying child support or in 
120.3   determining whether to deviate from the guidelines: 
120.4      (1) all earnings, income, and resources of the parents, 
120.5   including real and personal property, but excluding income from 
120.6   excess employment of the obligor or obligee that meets the 
120.7   criteria of section 517C.12, subdivision 6; 
120.8      (2) the financial needs and resources, physical and 
120.9   emotional condition, and educational needs of the child to be 
120.10  supported; 
120.11     (3) the standard of living the child would have enjoyed had 
120.12  the marriage not been dissolved, but recognizing that the 
120.13  parents now have separate households; 
120.14     (4) which parent receives the income taxation dependency 
120.15  exemption and the financial benefit the parent receives from it; 
120.16     (5) the parents' debts as provided in subdivision 2; 
120.17     (6) the obligor's receipt of public assistance under the 
120.18  AFDC program formerly codified under sections 256.72 to 256.82 
120.19  or 256B.01 to 256B.40 and chapter 256J or 256K; 
120.20     (7) the child spends between 33 and 45 percent of 
120.21  overnights with the obligor pursuant to a court order or with 
120.22  the consent of the obligee, which results in an increased 
120.23  financial burden on the obligor; and 
120.24     (8) the best interests of the child. 
120.25     Subd. 2.  [DEBT OWED TO PRIVATE CREDITORS.] (a) In 
120.26  establishing or modifying a support obligation, the court may 
120.27  consider debts owed to private creditors, but only if: 
120.28     (1) the right to support has not been assigned under 
120.29  section 256.741; 
120.30     (2) the court determines that the debt was reasonably 
120.31  incurred for necessary support of the child or parent or for the 
120.32  necessary generation of income.  If the debt was incurred for 
120.33  the necessary generation of income, the court may consider only 
120.34  the amount of debt that is essential to the continuing 
120.35  generation of income; and 
120.36     (3) the party requesting a departure produces a sworn 
121.1   schedule of the debts, with supporting documentation, showing 
121.2   goods or services purchased, the recipient of them, the original 
121.3   debt amount, the outstanding balance, the monthly payment, and 
121.4   the number of months until the debt will be fully paid. 
121.5      (b) A schedule prepared under paragraph (a), clause (3), 
121.6   must contain a statement that the debt will be fully paid after 
121.7   the number of months shown in the schedule, barring emergencies 
121.8   beyond the party's control. 
121.9      (c) Any further departure below the guidelines that is 
121.10  based on a consideration of debts owed to private creditors must 
121.11  not exceed 18 months in duration.  After 18 months the support 
121.12  must increase automatically to the level ordered by the court.  
121.13  This section does not prohibit one or more step increases in 
121.14  support to reflect debt retirement during the 18-month period. 
121.15     (d) If payment of debt is ordered pursuant to this section, 
121.16  the payment must be ordered to be in the nature of child support.
121.17     Subd. 3.  [EVIDENCE.] The court may receive evidence on the 
121.18  factors in this section to determine if the guidelines should be 
121.19  exceeded or modified in a particular case. 
121.20     Subd. 4.  [NO DEVIATION WHEN PAYMENTS ARE ASSIGNED TO 
121.21  PUBLIC AUTHORITY EXCEPT FOR EXTREME HARDSHIP.] If the child 
121.22  support payments are assigned to the public authority under 
121.23  section 256.741, the court may not deviate downward from the 
121.24  child support guidelines unless the court specifically finds 
121.25  that the failure to deviate downward would impose an extreme 
121.26  hardship on the obligor. 
121.27     Subd. 5.  [NO DEPARTURE BASED ON JOINT LEGAL CUSTODY.] An 
121.28  award of joint legal custody is not a reason for departure from 
121.29  the guidelines. 
121.30     Sec. 19.  [517C.21] [WRITTEN FINDINGS.] 
121.31     Subdivision 1.  [NO DEVIATION.] If the court does not 
121.32  deviate from the guidelines, the court must make written 
121.33  findings concerning the amount of the parties' income used as 
121.34  the basis for the guidelines calculation and any other 
121.35  significant evidentiary factors affecting the child support 
121.36  determination. 
122.1      Subd. 2.  [DEVIATION.] (a) If the court deviates from the 
122.2   guidelines, the court must make written findings giving the 
122.3   amount of support calculated under the guidelines, the reasons 
122.4   for the deviation, and must specifically address the criteria in 
122.5   section 517C.20 and how the deviation serves the best interests 
122.6   of the child. 
122.7      (b) The court may deviate from the guidelines if both 
122.8   parties agree and the court makes written findings that it is in 
122.9   the best interests of the child, except that in cases where 
122.10  child support payments are assigned to the public authority 
122.11  under section 256.741, the court may deviate downward only as 
122.12  provided in section 517C.20, subdivision 4.  Nothing in this 
122.13  section prohibits the court from deviating in other cases. 
122.14     Subd. 3.  [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 
122.15  provisions of this section apply whether or not the parties are 
122.16  each represented by independent counsel and have entered into a 
122.17  written agreement.  The court must review stipulations presented 
122.18  to it for conformity to the guidelines.  The court is not 
122.19  required to conduct a hearing, but the parties must provide the 
122.20  documentation of earnings required under section 517C.10. 
122.21     Sec. 20.  [517C.22] [GUIDELINES REVIEW.] 
122.22     No later than 2008 and every four years after that, the 
122.23  Department of Human Services must conduct a review of the child 
122.24  support guidelines. 
122.25     Sec. 21.  [517C.23] [EDUCATION TRUST FUND.] 
122.26     The parties may agree to designate a sum of money above 
122.27  court-ordered child support as a trust fund for the costs of 
122.28  postsecondary education. 
122.29     Sec. 22.  [517C.25] [MODIFICATION; GENERAL.] 
122.30     Subdivision 1.  [AUTHORITY.] After a child support order is 
122.31  established, the court may, on motion of a party or the public 
122.32  authority, modify the order respecting the amount and payment of 
122.33  support.  The court may make an order respecting any matters it 
122.34  had authority to address in the original proceeding, except as 
122.35  otherwise provided in section 517C.29.  A party or the public 
122.36  authority also may make a motion for contempt of court if the 
123.1   obligor is in arrears in support payments. 
123.2      Subd. 2.  [GUIDELINES REMAIN APPLICABLE.] On a motion for 
123.3   modification of support, the guidelines in this chapter remain 
123.4   applicable. 
123.5      Subd. 3.  [EVIDENTIARY HEARING NOT REQUIRED.] The court 
123.6   need not hold an evidentiary hearing on a motion for child 
123.7   support modification. 
123.8      Subd. 4.  [FORM.] The state court administrator must 
123.9   prepare and make available to courts, obligors, and obligees a 
123.10  form to be submitted in support of a motion for a child support 
123.11  modification or for contempt of court. 
123.12     Sec. 23.  [517C.26] [REOPENING AN ORDER.] 
123.13     Subdivision 1.  [FACTORS.] Upon a party's motion, the court 
123.14  may rescind a child support order or judgment and may order a 
123.15  new trial or grant other relief as may be just for the following 
123.16  reasons: 
123.17     (1) mistake, inadvertence, surprise, or excusable neglect; 
123.18     (2) newly discovered evidence that could not have been 
123.19  discovered by due diligence in time to move for a new trial 
123.20  under the Minnesota Rules of Civil Procedure; 
123.21     (3) fraud, whether denominated intrinsic or extrinsic, 
123.22  misrepresentation, or other misconduct of an adverse party; 
123.23     (4) the judgment or order is void; 
123.24     (5) the judgment has been satisfied, released, or 
123.25  discharged; 
123.26     (6) the judgment is based on a prior order that has been 
123.27  reversed or otherwise vacated; or 
123.28     (7) it is no longer equitable that the order should have 
123.29  prospective application. 
123.30     Subd. 2.  [PROCEDURE; EFFECT.] A party's motion must be 
123.31  made within a reasonable time, and, for a reason under 
123.32  subdivision 1, clause (1), (2), or (3), not more than one year 
123.33  after the judgment and decree, order, or proceeding was entered 
123.34  or taken.  A motion under this section does not affect the 
123.35  finality of an order or suspend its operation.  This section 
123.36  does not limit the power of a court to entertain an independent 
124.1   action to relieve a party from an order or proceeding or to 
124.2   grant relief to a party not actually personally notified as 
124.3   provided in the Minnesota Rules of Civil Procedure, or to set 
124.4   aside a judgment for fraud upon the court. 
124.5      Sec. 24.  [517C.27] [CHANGE IN CUSTODY OR PARENTING TIME.] 
124.6      Subdivision 1.  [OFFICIAL CHANGE IN CUSTODY; CHILD SUPPORT 
124.7   SUSPENDED.] If an obligee has been granted sole physical custody 
124.8   of a child, the child subsequently lives with the obligor, and 
124.9   temporary sole physical custody has been approved by the court 
124.10  or by a court-appointed referee, the court may suspend the 
124.11  obligor's child support obligation pending the final custody 
124.12  determination.  The court's order denying the suspension of 
124.13  child support must include a written explanation of the reasons 
124.14  why continuation of the child support obligation would be in the 
124.15  best interests of the child. 
124.16     Subd. 2.  [UNOFFICIAL CHANGE IN CUSTODY; CHILD SUPPORT 
124.17  OBLIGATION SATISFIED.] The court may conclude that an obligor 
124.18  has satisfied a child support obligation by providing a home, 
124.19  care, and support for the child while the child is living with 
124.20  the obligor, if the court finds that the child was integrated 
124.21  into the family of the obligor with the consent of the obligee 
124.22  and child support payments were not assigned to the public 
124.23  authority. 
124.24     Subd. 3.  [30-DAY CHANGE; CHILD SUPPORT REDUCED.] A support 
124.25  order issued under this chapter may provide that, during any 
124.26  period of time of 30 consecutive days or longer that the child 
124.27  is residing with the obligor, the support amount otherwise due 
124.28  under the order may be reduced. 
124.29     Sec. 25.  [517C.28] [SUBSTANTIAL CHANGE IN CIRCUMSTANCES, 
124.30  EARNINGS, OR NEEDS.] 
124.31     Subdivision 1.  [FACTORS.] (a) A court may modify the terms 
124.32  of a child support order upon a showing of one or more of the 
124.33  following: 
124.34     (1) substantially increased or decreased earnings of a 
124.35  party; 
124.36     (2) substantially increased or decreased need of a party or 
125.1   the child that is the subject of these proceedings; 
125.2      (3) receipt of assistance under the AFDC program formerly 
125.3   codified under sections 256.72 to 256.87 or 256B.01 to 256B.40 
125.4   or chapter 256J or 256K; 
125.5      (4) a change in the cost of living for either party, as 
125.6   measured by the federal Bureau of Labor Statistics, that makes 
125.7   the terms unreasonable and unfair; 
125.8      (5) extraordinary medical expenses of the child not 
125.9   provided for under section 517C.17; 
125.10     (6) the addition of the obligee's work-related or 
125.11  education-related child care expenses or a substantial increase 
125.12  or decrease in existing work-related or education-related child 
125.13  care expenses; or 
125.14     (7) upon the emancipation of a child if there is still a 
125.15  child under the order.  A child support obligation for two or 
125.16  more children that is not a support obligation in a specific 
125.17  amount per child continues in the full amount until modified or 
125.18  until the emancipation of the last child for whose benefit the 
125.19  order was made. 
125.20     (b) Implementation of this chapter is not a basis for 
125.21  modification unless the requirements under this section are met. 
125.22     Subd. 2.  [PRESUMPTIONS.] It is presumed that there has 
125.23  been a substantial change in circumstances under subdivision 1 
125.24  and the terms of a current support order are rebuttably presumed 
125.25  to be unreasonable and unfair if: 
125.26     (1) when applied to the parties' current circumstances, the 
125.27  presumptive child support amount derived under this chapter is 
125.28  at least 20 percent and at least $50 per month higher or lower 
125.29  than the current support order; 
125.30     (2) the medical support provisions of the order established 
125.31  under section 517C.17 are not enforceable by the public 
125.32  authority or the obligee; 
125.33     (3) health insurance coverage ordered under section 517C.17 
125.34  is not available to the child for whom the order is established 
125.35  by the parent ordered to provide it; or 
125.36     (4) the existing support obligation is in the form of a 
126.1   statement of percentage and not a specific dollar amount. 
126.2      Sec. 26.  [517C.29] [MODIFICATION EFFECTIVE DATE.] 
126.3      Subdivision 1.  [DATE OF MOTION DETERMINATIVE.] A court may 
126.4   make a modification of support, including interest that accrued 
126.5   pursuant to section 548.091, effective no sooner than the date 
126.6   of service of notice of the motion for modification on the 
126.7   responding parties. 
126.8      Subd. 2.  [RETROACTIVE MODIFICATION PERMITTED ONLY IN 
126.9   LIMITED CIRCUMSTANCES.] Notwithstanding subdivision 1, a court 
126.10  may apply a modification to an earlier period if the court makes 
126.11  express findings that: 
126.12     (1) the party seeking modification was precluded from 
126.13  serving a motion by reason of a significant physical or mental 
126.14  disability, a material misrepresentation of another party, or 
126.15  fraud upon the court; and the party seeking modification, when 
126.16  no longer precluded, promptly served a motion; 
126.17     (2) the party seeking modification was a recipient of 
126.18  federal Supplemental Security Income (SSI), Title II Older 
126.19  Americans Insurance, Survivor's Disability Insurance (OASDI), 
126.20  other disability benefits, or public assistance based upon need 
126.21  during the period for which retroactive modification is sought; 
126.22     (3) the order the party seeks to amend was entered by 
126.23  default, the party shows good cause for not appearing, and the 
126.24  record contains no factual evidence, or clearly erroneous 
126.25  evidence, regarding the obligor's ability to pay; or 
126.26     (4) the party seeking modification was institutionalized or 
126.27  incarcerated for an offense other than nonsupport of a child 
126.28  during the period for which retroactive modification is sought 
126.29  and lacked the financial ability to pay the support ordered 
126.30  during that time period.  In determining whether to allow the 
126.31  retroactive modification, the court must consider whether and 
126.32  when a request was made to the public authority for support 
126.33  modification. 
126.34     Subd. 3.  [CHILD CARE EXCEPTION.] The court may provide 
126.35  that a reduction in the amount allocated for child care expenses 
126.36  based on a substantial decrease in the expenses is effective as 
127.1   of the date the expenses decreased. 
127.2      Sec. 27.  [517C.30] [TERMINATION OF CHILD SUPPORT.] 
127.3      Subdivision 1.  [DEATH OF OBLIGOR.] Unless otherwise agreed 
127.4   in writing or expressly provided in the order, provisions for a 
127.5   child's support are not terminated by the death of a parent 
127.6   obligated to support the child.  When a parent obligated to pay 
127.7   support dies, the amount of support may be modified, revoked, or 
127.8   commuted to a lump-sum payment, to the extent just and 
127.9   appropriate in the circumstances. 
127.10     Subd. 2.  [AUTOMATIC TERMINATION.] (a) Unless a court order 
127.11  provides otherwise, a child support obligation in a specific 
127.12  amount per child terminates automatically and without any action 
127.13  by the obligor to reduce, modify, or terminate the order upon 
127.14  the child's emancipation. 
127.15     (b) A child support obligation for two or more children 
127.16  that is not a support obligation in a specific amount per child 
127.17  continues in the full amount until the emancipation of the last 
127.18  child for whose benefit the order was made, or until further 
127.19  order of the court. 
127.20     (c) The obligor may request a modification of the obligor's 
127.21  child support order upon a child's emancipation if there are 
127.22  still minor children under the order.  The court must determine 
127.23  the child support obligation based on the parties' income at the 
127.24  time the modification is sought. 
127.25     Sec. 28.  [517C.31] [COST-OF-LIVING ADJUSTMENTS.] 
127.26     Subdivision 1.  [GENERAL.] An order establishing, 
127.27  modifying, or enforcing child support must provide for a 
127.28  biennial adjustment in the amount to be paid based on a change 
127.29  in the cost of living.  Cost-of-living adjustments are 
127.30  compounded. 
127.31     Subd. 2.  [WAIVER.] A court may waive the requirement of 
127.32  the cost-of-living clause if it expressly finds that the 
127.33  obligor's occupation or income, or both, does not provide for 
127.34  cost-of-living adjustment or that the order for child support 
127.35  has a provision such as a step increase that has the effect of a 
127.36  cost-of-living clause. 
128.1      Subd. 3.  [INDEX; AMOUNT.] (a) The court must specify the 
128.2   cost-of-living index to be applied in an order that provides for 
128.3   a cost-of-living adjustment.  The court may use the Consumer 
128.4   Price Index for all urban consumers, Minneapolis-St. Paul 
128.5   (CPI-U), the Consumer Price Index for wage earners and clerical, 
128.6   Minneapolis-St. Paul (CPI-W), or another cost-of-living index 
128.7   published by the United States Department of Labor that the 
128.8   court specifically finds is more appropriate. 
128.9      (b) The court may increase the amount by more than the 
128.10  cost-of-living adjustment by agreement of the parties or by 
128.11  making further findings. 
128.12     Subd. 4.  [EFFECTIVE DATE.] If payment is made to the 
128.13  public authority, an adjustment is effective on May 1 of the 
128.14  year it is made.  If payment is not made to the public 
128.15  authority, an adjustment may be made in any month but no 
128.16  adjustment may be made sooner than two years after the date of 
128.17  the dissolution decree.  A support order must specify the 
128.18  effective date of cost-of-living adjustments. 
128.19     Subd. 5.  [NOTICE.] A cost-of-living adjustment may not be 
128.20  made unless: 
128.21     (1) the support order requires it; and 
128.22     (2) the obligee or public authority notifies the obligor of 
128.23  the adjustment by mail at the obligor's last known address at 
128.24  least 20 days before the effective date of the adjustment.  The 
128.25  notice must inform the obligor of the effective date of the 
128.26  adjustment, the right to contest the adjustment, and the 
128.27  procedures to contest the adjustment. 
128.28     Subd. 6.  [PROCEDURE FOR CONTESTING ADJUSTMENT.] (a) To 
128.29  contest a cost-of-living adjustment initiated by the public 
128.30  authority or an obligee who has applied for or is receiving 
128.31  child support collection services from the public authority, 
128.32  other than income withholding-only services, the obligor must: 
128.33     (1) file a motion contesting the cost-of-living adjustment 
128.34  with the court administrator; and 
128.35     (2) serve the motion by first class mail on the public 
128.36  authority and the obligee. 
129.1   The obligor must file and serve the motion before the effective 
129.2   date of the adjustment.  The hearing must take place in the 
129.3   expedited child support process under section 484.702. 
129.4      (b) To contest a cost-of-living adjustment initiated by an 
129.5   obligee who is not receiving child support collection services 
129.6   from the public authority, or for an obligee who receives income 
129.7   withholding-only services from the public authority, the obligor 
129.8   must: 
129.9      (1) file a motion contesting the cost-of-living adjustment 
129.10  with the court administrator; and 
129.11     (2) serve the motion by first class mail on the obligee. 
129.12  The obligor must file and serve the motion before the effective 
129.13  date of the adjustment.  The hearing must take place in district 
129.14  court. 
129.15     (c) Upon receipt of a motion contesting the cost-of-living 
129.16  adjustment, the public authority or court must stay the 
129.17  cost-of-living adjustment pending further order of the court. 
129.18     Subd. 7.  [HEARING.] (a) At a hearing under this section, 
129.19  if the obligor establishes an insufficient increase in income to 
129.20  fulfill the adjusted child support obligation, the district 
129.21  court or child support magistrate may direct that all or part of 
129.22  the adjustment not take effect. 
129.23     (b) At a hearing under this section, if the obligor does 
129.24  not establish an insufficient increase in income, the adjustment 
129.25  must take effect as of the date originally specified in the 
129.26  support order. 
129.27     Subd. 8.  [FORM.] The state court administrator must 
129.28  prepare and make available to the court and obligors a pro se 
129.29  motion form to be submitted in support of a request for a 
129.30  hearing under this section. 
129.31     Subd. 9.  [RULES.] The commissioner of human services may 
129.32  promulgate rules for child support adjustments under this 
129.33  section in accordance with the rulemaking provisions of chapter 
129.34  14. 
129.35     Sec. 29.  [517C.35] [ASSIGNMENT.] 
129.36     Subdivision 1.  [GENERAL.] The court must direct that all 
130.1   payments ordered for support be made to the public authority if 
130.2   the obligee is receiving or has applied for public assistance.  
130.3   Amounts received by the public authority greater than the amount 
130.4   granted to the obligee must be remitted to the obligee pursuant 
130.5   to federal requirements. 
130.6      Subd. 2.  [JUDGMENTS.] The court administrator must enter 
130.7   and docket a judgment obtained by operation of law under section 
130.8   548.091, subdivision 1, in the name of the public authority to 
130.9   the extent that the obligation has been assigned.  When arrears 
130.10  are reduced to judgment and section 548.091 is not applicable, 
130.11  the court must grant judgment in favor of, and in the name of, 
130.12  the public authority to the extent that the arrears are 
130.13  assigned.  The public authority must file notice of an 
130.14  assignment with the court administrator, who must enter the 
130.15  notice in the docket.  The public authority may then enforce a 
130.16  judgment entered before the assignment of rights as if the 
130.17  judgment were granted to it, and in its name, to the extent that 
130.18  the arrears in that judgment are assigned. 
130.19     Subd. 3.  [PROPERTY LIEN.] The court may make any child 
130.20  support order a lien or charge upon the obligor's property, 
130.21  either at the time of the entry of the judgment or by subsequent 
130.22  order upon proper application. 
130.23     Sec. 30.  [517C.36] [PARTY STATUS.] 
130.24     Subdivision 1.  [OBLIGEE RECEIVES PUBLIC ASSISTANCE; PUBLIC 
130.25  AUTHORITY IS A PARTY.] The public authority is joined as a party 
130.26  and is a real party in interest if the obligee is receiving, or 
130.27  subsequently applies for, public assistance and rights are 
130.28  assigned under section 256.741, subdivision 2. 
130.29     Subd. 2.  [NO PUBLIC ASSISTANCE; APPLICATION FOR SERVICES.] 
130.30  If the obligee is not receiving public assistance, but has 
130.31  applied for child support collection services, the public 
130.32  authority has a pecuniary interest, as well as an interest in 
130.33  the welfare of a child.  The public authority may intervene as a 
130.34  matter of right in those cases to ensure that child support 
130.35  orders are obtained, enforced, and provide for an appropriate 
130.36  and accurate level of child, medical, and child care support.  
131.1   If the public authority participates in a case where the action 
131.2   taken by the public authority requires the use of an attorney's 
131.3   services, the public authority must be represented by an 
131.4   attorney consistent with the provisions in section 517C.37. 
131.5      Sec. 31.  [517C.37] [ROLE OF PUBLIC AUTHORITY.] 
131.6      Subdivision 1.  [PUBLIC AUTHORITY DOES NOT REPRESENT 
131.7   OBLIGOR OR OBLIGEE.] The provision of services under the child 
131.8   support enforcement program that includes services by an 
131.9   attorney or an attorney's representative employed by, under 
131.10  contract to, or representing the public authority does not 
131.11  create an attorney-client relationship with any party other than 
131.12  the public authority.  Attorneys employed by or under contract 
131.13  with the public authority have an affirmative duty to inform 
131.14  applicants and recipients of services under the child support 
131.15  enforcement program that no attorney-client relationship exists 
131.16  between the attorney and the applicant or recipient.  This 
131.17  section applies to all legal services provided by the child 
131.18  support enforcement program. 
131.19     Subd. 2.  [WRITTEN NOTICE.] The public authority must 
131.20  provide written notice to an applicant or recipient of services 
131.21  that: 
131.22     (1) no attorney-client relationship exists between the 
131.23  attorney and the applicant or recipient; 
131.24     (2) the rights of the individual as a subject of data are 
131.25  controlled by section 13.04, subdivision 2; and 
131.26     (3) the individual has a right to have an attorney 
131.27  represent the individual.  
131.28     Subd. 3.  [POWER TO REPRESENT OTHER PUBLIC 
131.29  AUTHORITIES.] The public authority may act on behalf of a public 
131.30  authority from another jurisdiction.  This includes the 
131.31  authority to represent the legal interests of, or execute 
131.32  documents on behalf of, the other public authority in connection 
131.33  with the establishment, enforcement, and collection of child 
131.34  support and collection on judgments. 
131.35     Sec. 32.  [517C.38] [SERVICE FEES.] 
131.36     Subdivision 1.  [OBLIGOR FEE.] When the public authority 
132.1   provides child support collection services either to a public 
132.2   assistance recipient or to a party who does not receive public 
132.3   assistance, the public authority may upon written notice to the 
132.4   obligor charge a monthly collection fee equivalent to the full 
132.5   monthly cost to the county of providing collection services, in 
132.6   addition to the amount of the child support ordered by the 
132.7   court.  The public authority must deposit the fee in the county 
132.8   general fund.  The service fee assessed is limited to ten 
132.9   percent of the monthly court-ordered child support and must not 
132.10  be assessed to obligors who are current in payment of the 
132.11  monthly court-ordered child support. 
132.12     Subd. 2.  [OBLIGEE FEE.] A $25 application fee must be paid 
132.13  by the person who applies for child support and maintenance 
132.14  collection services, except persons who are receiving public 
132.15  assistance as defined in section 256.741, persons who transfer 
132.16  from public assistance to nonpublic assistance status, and minor 
132.17  parents and parents enrolled in a public secondary school, area 
132.18  learning center, or alternative learning program approved by the 
132.19  commissioner of education. 
132.20     Subd. 3.  [TAX INTERCEPT FEES.] Fees assessed by state and 
132.21  federal tax agencies for collection of overdue support owed to 
132.22  or on behalf of a person not receiving public assistance must be 
132.23  imposed on the person for whom these services are provided.  The 
132.24  public authority upon written notice to the obligee must assess 
132.25  a fee of $25 to the person not receiving public assistance for 
132.26  each successful federal tax interception.  The public authority 
132.27  must withhold the fee before the release of the funds received 
132.28  from each interception and must deposit the fee in the general 
132.29  fund. 
132.30     Subd. 4.  [COMPLIANCE WITH FEDERAL LAW.] The limitations of 
132.31  this section on the assessment of fees do not apply to the 
132.32  extent they are inconsistent with the requirements of federal 
132.33  law for receiving funds for the programs under Title IV-A and 
132.34  Title IV-D of the Social Security Act, United States Code, title 
132.35  42, sections 601 to 613 and 651 to 662. 
132.36     Sec. 33.  [517C.39] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 
133.1   SUPPORT AND PARENTAGE ORDERS.] 
133.2      The public authority may use the provisions of sections 
133.3   517C.40 to 517C.44 when support rights are assigned under 
133.4   section 256.741, subdivision 2, or when the public authority is 
133.5   providing services under an application for child support 
133.6   collection services. 
133.7      Sec. 34.  [517C.40] [NONATTORNEY EMPLOYEE DUTIES.] 
133.8      Subdivision 1.  [DUTIES PERFORMED UNDER SUPERVISION OF 
133.9   COUNTY ATTORNEY.] (a) The county attorney must review and 
133.10  approve as to form and content all pleadings and other legal 
133.11  documents prepared by nonattorney employees of the public 
133.12  authority for use in the expedited child support process. 
133.13     (b) Under the direction of, and in consultation with, the 
133.14  county attorney, nonattorney employees of the public authority 
133.15  may perform the following legal duties: 
133.16     (1) meet and confer with parties by mail, telephone, 
133.17  electronic, or other means regarding legal issues; 
133.18     (2) explain to parties the purpose, procedure, and function 
133.19  of the expedited child support process and the role and 
133.20  authority of nonattorney employees of the public authority 
133.21  regarding legal issues; 
133.22     (3) prepare pleadings, including, but not limited to, 
133.23  summonses and complaints, notices, motions, subpoenas, orders to 
133.24  show cause, proposed orders, administrative orders, and 
133.25  stipulations and agreements; 
133.26     (4) issue administrative subpoenas; 
133.27     (5) prepare judicial notices; 
133.28     (6) negotiate settlement agreements; 
133.29     (7) attend and participate as a witness in hearings and 
133.30  other proceedings and, if requested by the child support 
133.31  magistrate, present evidence, agreements and stipulations of the 
133.32  parties, and any other information deemed appropriate by the 
133.33  magistrate; 
133.34     (8) participate in other activities and perform other 
133.35  duties delegated by the county attorney; and 
133.36     (9) exercise other powers and perform other duties as 
134.1   permitted by statute or court rule. 
134.2      Subd. 2.  [DUTIES PERFORMED WITHOUT DIRECTION FROM COUNTY 
134.3   ATTORNEY.] Nonattorney employees of the public authority may 
134.4   perform the following duties without direction from the county 
134.5   attorney: 
134.6      (1) gather information on behalf of the public authority; 
134.7      (2) prepare financial worksheets; 
134.8      (3) obtain income information from the Department of 
134.9   Employment and Economic Development and other sources; 
134.10     (4) serve documents on parties; 
134.11     (5) file documents with the court; 
134.12     (6) meet and confer with parties by mail, telephone, 
134.13  electronic, or other means regarding nonlegal issues; 
134.14     (7) explain to parties the purpose, procedure, and function 
134.15  of the expedited child support process and the role and 
134.16  authority of nonattorney employees of the public authority 
134.17  regarding nonlegal issues; and 
134.18     (8) perform other routine nonlegal duties as assigned. 
134.19     Subd. 3.  [PRACTICE OF LAW.] Performance of the duties 
134.20  prescribed in subdivisions 1 and 2 by nonattorney employees of 
134.21  the public authority does not constitute the unauthorized 
134.22  practice of law for purposes of section 481.02. 
134.23     Sec. 35.  [517C.41] [PLEADINGS; CASE INFORMATION SHEET.] 
134.24     Subdivision 1.  [PLEADINGS.] In cases involving 
134.25  establishment or modification of a child support order, the 
134.26  initiating party must include the following information, if 
134.27  known, in the pleadings: 
134.28     (1) the parties' names, addresses, and dates of birth; 
134.29     (2) Social Security numbers of the parties and the parties' 
134.30  minor children.  This information is considered private 
134.31  information and is available only to the parties, the court, and 
134.32  the public authority; 
134.33     (3) number of members in each party's household and 
134.34  dependents of the parties; 
134.35     (4) the parties' other support obligations; 
134.36     (5) names and addresses of the parties' employers; 
135.1      (6) the parties' income as defined in section 517C.12; 
135.2      (7) amounts and sources of the parties' other earnings and 
135.3   income; 
135.4      (8) the parties' health insurance coverage; 
135.5      (9) types and amounts of public assistance the parties 
135.6   receive, including Minnesota family investment program, child 
135.7   care assistance, medical assistance, MinnesotaCare, title IV-E 
135.8   foster care, or other forms of assistance as defined in section 
135.9   256.741, subdivision 1; and 
135.10     (10) any other information relevant to the determination of 
135.11  child support under this chapter. 
135.12     Subd. 2.  [CASE INFORMATION SHEET.] For all matters 
135.13  scheduled in the expedited process, the nonattorney employee of 
135.14  the public authority must file with the court and serve on the 
135.15  parties the following information: 
135.16     (1) income information available to the public authority 
135.17  from the Department of Employment and Economic Development; 
135.18     (2) a statement of the monthly amount of child support, 
135.19  child care, medical support, and arrears currently being charged 
135.20  the parties in Minnesota IV-D cases; 
135.21     (3) a statement of the types and amount of any public 
135.22  assistance, as defined in section 256.741, subdivision 1, 
135.23  received by the parties; and 
135.24     (4) any other information relevant to determining support 
135.25  that is known to the public authority and that the parties have 
135.26  not otherwise provided. 
135.27     Subd. 3.  [FILING INFORMATION.] The public authority must 
135.28  file the case information with the district court or child 
135.29  support magistrate at least five days before a hearing involving 
135.30  child support, medical support, or child care reimbursement 
135.31  issues. 
135.32     Sec. 36.  [517C.42] [NONCONTESTED MATTERS.] 
135.33     Under the direction of the county attorney and based on 
135.34  agreement of the parties, nonattorney employees of the public 
135.35  authority may prepare a stipulation, findings of fact, 
135.36  conclusions of law, and proposed order.  The county attorney 
136.1   must approve and sign the documents as to form and content 
136.2   before the nonattorney employees submit the documents to the 
136.3   district court or child support magistrate for approval. 
136.4      Sec. 37.  [517C.43] [ADMINISTRATIVE AUTHORITY; PARENTAGE; 
136.5   SUPPORT.] 
136.6      Subdivision 1.  [POWERS.] The public authority may take the 
136.7   following actions relating to establishing paternity or to 
136.8   establishing, modifying, or enforcing support orders, without 
136.9   the necessity of obtaining an order from a judicial or 
136.10  administrative tribunal: 
136.11     (1) recognize and enforce orders of child support agencies 
136.12  of other states; 
136.13     (2) upon request for genetic testing by a child, parent, or 
136.14  an alleged parent, and using the procedure in subdivision 2, 
136.15  order the child, parent, or alleged parent to submit to blood or 
136.16  genetic testing for the purpose of establishing paternity; 
136.17     (3) subpoena financial or other information needed to 
136.18  establish, modify, or enforce a child support order and sanction 
136.19  a party for failure to respond to a subpoena; 
136.20     (4) upon notice to the obligor, obligee, and the 
136.21  appropriate court, direct the obligor or other payor to change 
136.22  the payee to the central collections unit under section 517C.50; 
136.23     (5) order income withholding of child support under section 
136.24  517C.52 and sanction an employer or payor of funds under section 
136.25  393.07, subdivision 9a, for failing to comply with an income 
136.26  withholding notice; 
136.27     (6) secure assets to satisfy a support debt or arrears by: 
136.28     (i) intercepting or seizing periodic or lump-sum payments 
136.29  from state or local agencies, including unemployment insurance 
136.30  benefits, workers' compensation payments, judgments, 
136.31  settlements, lotteries, and other lump-sum payments; 
136.32     (ii) attaching and seizing the obligor's assets held in 
136.33  financial institutions or public or private retirement funds; 
136.34  and 
136.35     (iii) imposing liens in accordance with section 548.091, 
136.36  and, in appropriate cases, forcing the sale of property and the 
137.1   distribution of proceeds; 
137.2      (7) for the purpose of securing overdue support, increase 
137.3   the amount of the monthly support payments by an additional 
137.4   amount equal to 20 percent of the monthly support payment to 
137.5   include amounts for debts or arrears; and 
137.6      (8) subpoena an employer or payor of funds to provide 
137.7   promptly information on the employment, compensation, and 
137.8   benefits of an individual employed by that employer as an 
137.9   employee or contractor, and sanction an employer or payor of 
137.10  funds under section 393.07, subdivision 9a, for failure to 
137.11  respond to the subpoena as provided by law. 
137.12     Subd. 2.  [GENETIC TESTING.] (a) A child, parent, or 
137.13  alleged parent who requests genetic testing must support the 
137.14  request with a sworn statement that: 
137.15     (1) alleges paternity and sets forth facts establishing a 
137.16  reasonable possibility of the requisite sexual contact between 
137.17  the parties; or 
137.18     (2) denies paternity and sets forth facts establishing a 
137.19  reasonable possibility of the nonexistence of sexual contact 
137.20  between the alleged parties. 
137.21     (b) The order for genetic tests may be served anywhere 
137.22  within the state and served outside the state in the same manner 
137.23  as prescribed by law for service of subpoenas issued by the 
137.24  district court of this state. 
137.25     (c) If the child, parent, or alleged parent fails to comply 
137.26  with the genetic testing order, the public authority may seek to 
137.27  enforce that order in district court through a motion to compel 
137.28  testing. 
137.29     (d) No results obtained through genetic testing done in 
137.30  response to an order issued under this section may be used in a 
137.31  criminal proceeding. 
137.32     Subd. 3.  [SUBPOENAS.] (a) Subpoenas may be served anywhere 
137.33  within the state and served outside the state in the same manner 
137.34  as prescribed by law for service of process of subpoenas issued 
137.35  by the district court of this state.  When a subpoena under this 
137.36  subdivision is served on a third-party record keeper, written 
138.1   notice of the subpoena must be mailed to the person who is the 
138.2   subject of the subpoenaed material at the person's last known 
138.3   address within three days of the day the subpoena is served.  
138.4   This notice provision does not apply if there is reasonable 
138.5   cause to believe the giving of the notice may lead to 
138.6   interference with the production of the subpoenaed documents.  
138.7      (b) A person served with a subpoena may make a written 
138.8   objection to the public authority or court before the time 
138.9   specified in the subpoena for compliance.  The public authority 
138.10  or the court may cancel or modify the subpoena, if appropriate.  
138.11  The public authority must pay the reasonable costs of producing 
138.12  the documents, if requested.  
138.13     (c) Subpoenas are enforceable in the same manner as 
138.14  subpoenas of the district court.  Upon motion of the county 
138.15  attorney, the court may issue an order directing the production 
138.16  of the records.  A person who fails to comply with the court 
138.17  order may be subject to civil or criminal contempt of court.  
138.18     Subd. 4.  [DUE PROCESS.] The administrative actions under 
138.19  this section are subject to due process safeguards, including 
138.20  requirements for notice, opportunity to contest the action, and 
138.21  opportunity to appeal the order to a judge, judicial officer, or 
138.22  child support magistrate. 
138.23     Sec. 38.  [517C.44] [SHARING OF INFORMATION; DATA.] 
138.24     Subdivision 1.  [GENERAL.] The public authority may share 
138.25  available and relevant information on the parties in order to 
138.26  perform its duties under sections 517C.40 to 517C.43 or under 
138.27  Supreme Court rules governing the expedited child support 
138.28  hearing process under section 484.702, subject to the 
138.29  limitations of subdivision 3 and sections 256.87, subdivision 8, 
138.30  and 257.70. 
138.31     Subd. 2.  [DATA DISCLOSED TO AN ATTORNEY OF PUBLIC 
138.32  AUTHORITY.] (a) Data disclosed by an applicant for, or recipient 
138.33  of, child support services to an attorney employed by, or under 
138.34  contract with, the public authority is private data on an 
138.35  individual.  However, the data may be disclosed under sections 
138.36  13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and 
139.1   517C.11, subdivision 3, in order to obtain, modify, or enforce 
139.2   child support, medical support, and parentage determinations. 
139.3      (b) An attorney employed by, or under contract with, the 
139.4   public authority may disclose additional information received 
139.5   from an applicant for, or recipient of, services for other 
139.6   purposes with the consent of the individual applicant for, or 
139.7   recipient of, child support services. 
139.8      Subd. 3.  [PROHIBITED DISCLOSURE.] In all proceedings under 
139.9   this chapter and chapter 517A in which public assistance is 
139.10  assigned under section 256.741, or the public authority provides 
139.11  services to a party or parties to the proceedings, 
139.12  notwithstanding statutory or other authorization for the public 
139.13  authority to release private data on the location of a party to 
139.14  the action, the public authority may not release information on 
139.15  the location of one party to the other party if: 
139.16     (1) the public authority has knowledge that a protective 
139.17  order with respect to the other party has been entered; or 
139.18     (2) the public authority has reason to believe that the 
139.19  release of the information may result in physical or emotional 
139.20  harm to the other party. 
139.21     Sec. 39.  [517C.45] [SUFFICIENCY OF NOTICE.] 
139.22     Automated child support notices sent by the public 
139.23  authority which do not require service are sufficient notice 
139.24  when issued and mailed by first class mail to the person's last 
139.25  known address. 
139.26     Sec. 40.  [517C.50] [CHILD SUPPORT PAYMENT CENTER; CENTRAL 
139.27  COLLECTIONS UNIT.] 
139.28     Subdivision 1.  [CREATION.] (a) The commissioner of human 
139.29  services must create and maintain a central collections unit to 
139.30  receive, process, and disburse payments, and to maintain a 
139.31  record of payments in all cases when: 
139.32     (1) the public authority is a party; 
139.33     (2) the public authority provides child support enforcement 
139.34  services to a party; or 
139.35     (3) payment is collected through income withholding. 
139.36     (b) The commissioner may contract for services to carry out 
140.1   these provisions if the commissioner first meets and negotiates 
140.2   with the affected exclusive representatives. 
140.3      Subd. 2.  [CREDITOR COLLECTIONS.] The central collections 
140.4   unit under this section is not a third party under chapters 550, 
140.5   552, and 571 for purposes of creditor collection efforts against 
140.6   child support and maintenance order obligors or obligees, and is 
140.7   not subject to creditor levy, attachment, or garnishment. 
140.8      Subd. 3.  [CREDIT FOR PAYMENT.] Payments made to the public 
140.9   authority that are not collected through income withholding must 
140.10  be credited as of the date the payment is received by the 
140.11  central collections unit. 
140.12     Sec. 41.  [517C.51] [MANDATORY PAYMENT OF OBLIGATIONS TO 
140.13  CENTRAL COLLECTIONS UNIT.] 
140.14     Subdivision 1.  [GENERAL.] All payments described in 
140.15  section 517C.50 must be made to the central collections unit. 
140.16     Subd. 2.  [LOCAL PAYMENT; TRANSMITTAL.] Each local child 
140.17  support agency must provide a location within the agency to 
140.18  receive payments.  When the local agency receives a payment it 
140.19  must transmit the funds to the central collections unit within 
140.20  one working day of receipt of the payment. 
140.21     Subd. 3.  [INCENTIVES.] Notwithstanding a rule to the 
140.22  contrary, incentives must be paid to the county providing 
140.23  services and maintaining the case to which the payment is 
140.24  applied.  Incentive payments awarded for the collection of child 
140.25  support must be based solely upon payments processed by the 
140.26  central collections unit.  Incentive payments received by the 
140.27  county under this subdivision must be used for county child 
140.28  support collection efforts. 
140.29     Subd. 4.  [ELECTRONIC FUNDS TRANSFER.] The central 
140.30  collections unit is authorized to engage in the electronic 
140.31  transfer of funds for the receipt and disbursement of funds. 
140.32     Subd. 5.  [REQUIRED CONTENT OF ORDER.] A tribunal issuing 
140.33  an order that establishes or modifies a payment must issue an 
140.34  income withholding order in conformity with section 517C.52.  
140.35  The automatic income withholding order must include the 
140.36  obligor's name, the obligor's Social Security number, the 
141.1   obligor's date of birth, and the name and address of the 
141.2   obligor's employer.  The street mailing address and the 
141.3   electronic mail address for the central collections unit must be 
141.4   included in each automatic income withholding order issued by a 
141.5   tribunal. 
141.6      Subd. 6.  [TRANSMITTAL OF ORDER TO PUBLIC AUTHORITY BY 
141.7   TRIBUNAL.] The tribunal must transmit a copy of the order 
141.8   establishing or modifying the payment, and a copy of the 
141.9   automatic income withholding order, to the local child support 
141.10  agency within two working days of the approval of the order by 
141.11  the judge or child support magistrate or other person or entity 
141.12  authorized to sign the automatic withholding order. 
141.13     Subd. 7.  [TRANSMITTAL OF FUNDS FROM OBLIGOR OR PAYOR OF 
141.14  FUNDS TO CENTRAL COLLECTIONS UNIT.] The obligor or other payor 
141.15  of funds must identify the obligor on the check or remittance by 
141.16  name, payor number, and Social Security number, and must comply 
141.17  with section 517C.52. 
141.18     Subd. 8.  [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 
141.19  FUNDS.] A notice may be directed to a person or entity 
141.20  submitting a check drawn on insufficient funds stating that 
141.21  future payments must be made by cash or certified funds.  The 
141.22  central collections unit and the public authority may refuse a 
141.23  check from a person or entity that has been given notice that 
141.24  payments must be in cash or certified funds. 
141.25     Subd. 9.  [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 
141.26  record of payments maintained by the central collections unit is 
141.27  admissible evidence in all tribunals as proof of payments made 
141.28  through the central collections unit without the need of 
141.29  testimony to prove authenticity. 
141.30     Subd. 10.  [TRANSITION PROVISIONS.] (a) The commissioner of 
141.31  human services must develop a plan for the implementation of the 
141.32  central collections unit.  The plan must require that payments 
141.33  be redirected to the central collections unit.  Payments may be 
141.34  redirected in groups according to county of origin, county of 
141.35  payment, method of payment, type of case, or any other 
141.36  distinguishing factor designated by the commissioner. 
142.1      (b) Notice that payments must be made to the central 
142.2   collections unit must be provided to the obligor and to the 
142.3   payor of funds within 30 days before payments are redirected to 
142.4   the central collections unit.  After the notice has been 
142.5   provided to the obligor or payor of funds, mailed payments 
142.6   received by the local child support agency must be forwarded to 
142.7   the central collections unit.  A notice must be sent to the 
142.8   obligor or payor of funds stating that payment application may 
142.9   be delayed and must provide directions to submit future payments 
142.10  to the central collections unit. 
142.11     Subd. 11.  [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 
142.12  commissioner of human services may establish a revolving account 
142.13  to cover funds issued in error due to insufficient funds or 
142.14  other reasons.  The commissioner must deposit appropriations for 
142.15  this purpose and all recoupments against payments from the 
142.16  account in the collections unit's recoupment account.  The 
142.17  recoupments are appropriated to the commissioner.  An unexpended 
142.18  balance in the account does not cancel, but is available until 
142.19  expended. 
142.20     Subd. 12.  [UNCLAIMED SUPPORT FUNDS.] (a) If the public 
142.21  authority cannot disburse support payments to an obligee because 
142.22  the obligee cannot be located, the public authority must 
142.23  continue its efforts to locate the obligee for one year from the 
142.24  date it determines that it cannot locate the obligee. 
142.25     (b) If the public authority is unable to locate the obligee 
142.26  after one year, the public authority must mail a written notice 
142.27  to the obligee at the obligee's last known address giving the 
142.28  obligee 60 days to contact the public authority. 
142.29     (c) If the obligee does not contact the public authority 
142.30  within 60 days from the date of notice, the public authority 
142.31  must: 
142.32     (1) close the nonpublic assistance portion of the case; 
142.33     (2) disburse unclaimed support funds to pay public 
142.34  assistance arrears.  If public assistance arrears remain after 
142.35  disbursing the unclaimed support funds, the public authority may 
142.36  continue to enforce and collect child support until all public 
143.1   assistance arrears have been paid.  If there are not public 
143.2   assistance arrears, or unclaimed support funds remain after the 
143.3   public assistance arrears have been paid, the public authority 
143.4   must return the remaining unclaimed support funds to the 
143.5   obligor; and 
143.6      (3) when all public assistance arrears have been paid to 
143.7   the public authority, mail a written notice of termination of 
143.8   income withholding and case closure to the obligor at the 
143.9   obligor's last known address.  The notice must indicate that the 
143.10  obligor's support obligation will remain in effect until further 
143.11  order of the court and that the obligor may contact the public 
143.12  authority for assistance to modify the order.  The public 
143.13  authority must include a copy of the form prepared by the state 
143.14  court administrator's office under section 517C.25, subdivision 
143.15  4, with the notice.  
143.16     (d) If the public authority cannot locate the obligor to 
143.17  return unclaimed support funds, the public authority must 
143.18  continue its efforts to locate the obligor for one year from the 
143.19  date the public authority determines that the obligor cannot be 
143.20  located.  If the public authority is unable to locate the 
143.21  obligor after one year, the public authority must treat the 
143.22  funds as unclaimed property according to federal law and chapter 
143.23  345. 
143.24     Sec. 42.  [517C.52] [INCOME WITHHOLDING; GENERAL.] 
143.25     Subdivision 1.  [APPLICATION.] Sections 517C.51 to 517C.62 
143.26  apply to all support orders issued by a court or an 
143.27  administrative tribunal and orders for or notices of withholding 
143.28  issued by the public authority according to section 517C.43, 
143.29  subdivision 1, clause (5). 
143.30     Subd. 2.  [ORDER.] (a) Every support order must address 
143.31  income withholding.  Whenever a support order is initially 
143.32  entered or modified, the full amount of the support order must 
143.33  be withheld from the income of the obligor and forwarded to the 
143.34  public authority.  Sections 517C.51 to 517C.62 apply regardless 
143.35  of the source of income of the person obligated to pay the child 
143.36  support. 
144.1      (b) Every order for child support must provide for a 
144.2   conspicuous notice of the provisions in this section that 
144.3   complies with section 517C.99, subdivision 3.  An order without 
144.4   this notice remains subject to this section. 
144.5      (c) A payor of funds must implement income withholding 
144.6   according to sections 517C.51 to 517C.62 upon receipt of an 
144.7   order for or notice of withholding.  The notice of withholding 
144.8   must be on a form provided by the commissioner of human services.
144.9      Subd. 3.  [NOTICE; INCOME WITHHOLDING AND COLLECTION 
144.10  SERVICES.] (a) The commissioner of human services must prepare 
144.11  and make available to the courts a notice of services that 
144.12  explains child support and maintenance collection services 
144.13  available through the public authority, including income 
144.14  withholding.  Upon receiving a petition for dissolution of 
144.15  marriage or legal separation, the court administrator must 
144.16  promptly send the notice of services to the petitioner and 
144.17  respondent at the addresses stated in the petition. 
144.18     (b) Upon receipt of a support order requiring income 
144.19  withholding, a petitioner or respondent, who is not a recipient 
144.20  of public assistance and does not receive child support 
144.21  collection services from the public authority, must apply to the 
144.22  public authority for either full child support collection 
144.23  services or for services only to withhold income. 
144.24     (c) For those persons applying for services only to 
144.25  withhold income, the public authority must charge a monthly 
144.26  service fee of $15 to the obligor.  This fee is in addition to 
144.27  the amount of the support order and must be withheld through 
144.28  income withholding.  The public authority must explain the 
144.29  service options in this section to the affected parties and 
144.30  encourage the application for full child support collection 
144.31  services. 
144.32     Subd. 4.  [CONTRACT FOR SERVICE.] To carry out income 
144.33  withholding, the public authority may contract for services, 
144.34  including the use of electronic funds transfer. 
144.35     Subd. 5.  [ELECTRONIC TRANSMISSION.] Orders or notices for 
144.36  income withholding may be transmitted for enforcement purposes 
145.1   by electronic means. 
145.2      Subd. 6.  [TIMING OF AUTOMATED ENFORCEMENT REMEDIES.] The 
145.3   public authority must make reasonable efforts to ensure that 
145.4   automated enforcement remedies take into consideration the time 
145.5   periods allowed under sections 517C.51 to 517C.62. 
145.6      Sec. 43.  [517C.53] [WAIVER OF INCOME WITHHOLDING.] 
145.7      (a) If child support is not assigned to the public 
145.8   authority under section 256.741, the court may waive income 
145.9   withholding requirements if it finds there are no arrears as of 
145.10  the date of the hearing and: 
145.11     (1) one party demonstrates and the court finds there is 
145.12  good cause to waive the requirements of sections 517C.51 to 
145.13  517C.62 or to terminate an order for or notice of income 
145.14  withholding previously entered; or 
145.15     (2) all parties reach an agreement and the agreement is 
145.16  approved by the court after a finding that the agreement is 
145.17  likely to result in regular and timely payments.  The court's 
145.18  findings waiving the requirements of this paragraph must include 
145.19  a written explanation of the reasons why income withholding 
145.20  would not be in the child's best interests. 
145.21     (b) In addition to the other requirements in this section, 
145.22  if the case involves a modification of support, the court must 
145.23  make a finding that support has been timely made. 
145.24     (c) If the court waives income withholding, the obligee or 
145.25  obligor may at any time request subsequent income withholding 
145.26  under section 517C.59. 
145.27     Sec. 44.  [517C.54] [PAYOR OF FUNDS RESPONSIBILITIES.] 
145.28     Subdivision 1.  [ACTIVATION.] An order for or notice of 
145.29  withholding is binding on a payor of funds upon receipt.  
145.30  Withholding must begin no later than the first pay period that 
145.31  occurs after 14 days following the date of receipt of the order 
145.32  for or notice of withholding.  In the case of a financial 
145.33  institution, preauthorized transfers must occur in accordance 
145.34  with a court-ordered payment schedule. 
145.35     Subd. 2.  [PROCEDURE.] A payor of funds must withhold from 
145.36  the income payable to the obligor the amount specified in the 
146.1   order or notice of withholding and amounts specified under 
146.2   sections 517C.58 and 517C.63 and must remit the amounts withheld 
146.3   to the public authority within seven business days of the date 
146.4   the obligor is paid the remainder of the income.  The payor of 
146.5   funds must include with the remittance the obligor's Social 
146.6   Security number, the case type indicator as provided by the 
146.7   public authority, and the date the obligor is paid the remainder 
146.8   of the income.  The obligor is considered to have paid the 
146.9   amount withheld as of the date the obligor received the 
146.10  remainder of the income.  A payor of funds may combine all 
146.11  amounts withheld from one pay period into one payment to each 
146.12  public authority, but must separately identify each obligor 
146.13  making payment. 
146.14     Subd. 3.  [RETALIATION PROHIBITED.] A payor of funds must 
146.15  not discharge, or refuse to hire, or otherwise discipline an 
146.16  employee as a result of wage or salary withholding authorized by 
146.17  this chapter. 
146.18     Subd. 4.  [UPDATED ORDERS.] If more than one order for or 
146.19  notice of withholding exists involving the same obligor and 
146.20  child, the public authority must enforce the most recent order 
146.21  or notice.  An order for or notice of withholding that was 
146.22  previously implemented according to this chapter ends as of the 
146.23  date of the most recent order.  The public authority must notify 
146.24  the payor of funds to withhold under the most recent withholding 
146.25  order or notice. 
146.26     Subd. 5.  [NOTIFICATION OF TERMINATION.] When an order for 
146.27  or notice of withholding is in effect and the obligor's 
146.28  employment is terminated, the obligor and the payor of funds 
146.29  must notify the public authority of the termination within ten 
146.30  days of the termination date.  The termination notice must 
146.31  include the obligor's home address and the name and address of 
146.32  the obligor's new payor of funds, if known. 
146.33     Subd. 6.  [EXPENSES.] A payor of funds may deduct $1 from 
146.34  the obligor's remaining salary for each payment made pursuant to 
146.35  an order for or notice of withholding under this chapter to 
146.36  cover the expenses of withholding. 
147.1      Sec. 45.  [517C.55] [LUMP-SUM PAYMENTS.] 
147.2      Subdivision 1.  [APPLICATION.] (a) This section applies to 
147.3   lump-sum payments of $500 or more including, but not limited to, 
147.4   severance pay, accumulated sick pay, vacation pay, bonuses, 
147.5   commissions, or other pay or benefits. 
147.6      (b) The Consumer Credit Protection Act, United States Code, 
147.7   title 15, section 1673(b), does not apply to lump-sum payments. 
147.8      Subd. 2.  [PAYOR OF FUNDS RESPONSIBILITIES.] Before 
147.9   transmitting a lump-sum payment to an obligor, a payor of funds 
147.10  who has been served with an order for or notice of income 
147.11  withholding under this chapter or a sworn affidavit of arrears 
147.12  from the public authority must: 
147.13     (1) notify the public authority of the lump-sum payment 
147.14  that is to be paid to the obligor; and 
147.15     (2) hold the lump-sum payment for 30 days after the date 
147.16  the lump-sum payment would otherwise have been paid to the 
147.17  obligor, notwithstanding sections 176.221, 176.225, 176.521, 
147.18  181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota 
147.19  Rules, part 1415.2000, subpart 10. 
147.20     Subd. 3.  [PUBLIC AUTHORITY OPTIONS.] (a) The public 
147.21  authority may direct the payor of funds to pay the lump-sum 
147.22  payment, up to the amount of judgments or arrears, to the public 
147.23  authority if: 
147.24     (1) the public authority serves by mail a sworn affidavit 
147.25  of arrears from the public authority or a court order upon the 
147.26  payor of funds; 
147.27     (2) a judgment entered pursuant to section 548.09 or 
147.28  548.091, subdivision 1a, exists against the obligor, or other 
147.29  support arrears exist; and 
147.30     (3) a portion of the judgment or arrears remains unpaid. 
147.31     (b) If no judgment or arrears exist, the public authority 
147.32  may seek a court order directing the payor of funds to transmit 
147.33  all or a portion of the lump-sum payment to the public authority 
147.34  for future support.  To obtain a court order under this 
147.35  paragraph, the public authority must show an obligor's past 
147.36  willful nonpayment of support. 
148.1      Sec. 46.  [517C.56] [PAYOR OF FUNDS LIABILITY.] 
148.2      Subdivision 1.  [LIABILITY TO OBLIGEE.] A payor of funds is 
148.3   liable to the obligee for amounts required to be withheld.  A 
148.4   payor of funds that fails to withhold or transfer funds in 
148.5   accordance with this chapter is liable to the obligee for 
148.6   interest on the funds at the rate applicable to judgments under 
148.7   section 549.09, computed from the date the funds were required 
148.8   to be withheld or transferred.  A payor of funds is liable for 
148.9   reasonable attorney fees of the obligee or public authority 
148.10  incurred in enforcing the liability under this subdivision.  A 
148.11  payor of funds that has failed to comply with the requirements 
148.12  of sections 517C.51 to 517C.62 is subject to contempt sanctions 
148.13  under section 517C.57.  If the payor of funds is an employer or 
148.14  independent contractor and violates this subdivision, a court 
148.15  may award the obligor twice the wages lost as a result of this 
148.16  violation.  If a court finds a payor of funds violated this 
148.17  subdivision, the court must impose a civil fine of not less than 
148.18  $500.  The liabilities under this subdivision apply to 
148.19  intentional noncompliance by a payor of funds with the 
148.20  requirements of sections 517C.51 to 517C.62. 
148.21     Subd. 2.  [NONLIABILITY FOR COMPLIANCE.] A payor of funds 
148.22  is not subject to civil liability to any individual or agency 
148.23  for taking action in compliance with an income withholding order 
148.24  or notice of withholding that appears regular on its face 
148.25  according to this chapter or chapter 518C. 
148.26     Sec. 47.  [517C.57] [EMPLOYER CONTEMPT.] 
148.27     Subdivision 1.  [ORDERS BINDING.] Notices or orders for 
148.28  income withholding or medical support issued pursuant to this 
148.29  chapter are binding on the employer, trustee, or other payor of 
148.30  funds after the order or notice has been transmitted to the 
148.31  employer, trustee, or payor of funds. 
148.32     Subd. 2.  [CONTEMPT ACTION.] (a) An obligee or the public 
148.33  authority may initiate a contempt action against an employer, 
148.34  trustee, or payor of funds, within the action that created the 
148.35  support obligation, by serving an order to show cause upon the 
148.36  employer, trustee, or payor of funds. 
149.1      (b) The employer, trustee, or payor of funds is presumed to 
149.2   be in contempt: 
149.3      (1) if the employer, trustee, or payor of funds has 
149.4   intentionally failed to withhold support after receiving the 
149.5   order or notice for income withholding or notice of enforcement 
149.6   of medical support; or 
149.7      (2) upon presentation of pay stubs or similar documentation 
149.8   showing that the employer, trustee, or payor of funds withheld 
149.9   support and demonstrating that the employer, trustee, or payor 
149.10  of funds intentionally failed to remit support to the public 
149.11  authority. 
149.12     Subd. 3.  [LIABILITY; SANCTIONS.] The employer, trustee, or 
149.13  payor of funds is liable to the obligee or the public authority 
149.14  for amounts required to be withheld that were not paid.  The 
149.15  court may enter judgment against the employer, trustee, or payor 
149.16  of funds for support not withheld or remitted.  An employer, 
149.17  trustee, or payor of funds found guilty of contempt must be 
149.18  punished by a fine of not more than $250 as provided in chapter 
149.19  588.  The court may also impose other contempt sanctions 
149.20  authorized under chapter 588. 
149.21     Sec. 48.  [517C.58] [PRIORITY OF INCOME WITHHOLDING ORDERS; 
149.22  MAXIMUM WITHHOLDING.] 
149.23     Subdivision 1.  [PRIORITY.] An order for or notice of 
149.24  withholding under this chapter or execution or garnishment upon 
149.25  a judgment for child support arrears or preadjudicated expenses 
149.26  has priority over an attachment, execution, garnishment, or wage 
149.27  assignment and is not subject to the statutory limitations on 
149.28  amounts levied against the income of the obligor.  Amounts 
149.29  withheld from an employee's income must not exceed the maximum 
149.30  permitted under the Consumer Credit Protection Act, United 
149.31  States Code, title 15, section 1673(b). 
149.32     Subd. 2.  [MULTIPLE ORDERS.] If a single employee is 
149.33  subject to multiple withholding orders or multiple notices of 
149.34  withholding for the support of more than one child, the payor of 
149.35  funds must comply with all of the orders or notices to the 
149.36  extent that the total amount withheld from the obligor's income 
150.1   does not exceed the limits imposed under the Consumer Credit 
150.2   Protection Act, United States Code, title 15, section 1673(b), 
150.3   giving priority to amounts designated in each order or notice as 
150.4   current support as follows: 
150.5      (1) if the total of the amounts designated in the orders 
150.6   for or notices of withholding as current support exceeds the 
150.7   amount available for income withholding, the payor of funds must 
150.8   allocate to each order or notice an amount for current support 
150.9   equal to the amount designated in that order or notice as 
150.10  current support, divided by the total of the amounts designated 
150.11  in the orders or notices as current support, multiplied by the 
150.12  amount of the income available for income withholding; and 
150.13     (2) if the total of the amounts designated in the orders 
150.14  for or notices of withholding as current support does not exceed 
150.15  the amount available for income withholding, the payor of funds 
150.16  must pay the amounts designated as current support, and must 
150.17  allocate to each order or notice an amount for past due support, 
150.18  equal to the amount designated in that order or notice as past 
150.19  due support, divided by the total of the amounts designated in 
150.20  the orders or notices as past due support, multiplied by the 
150.21  amount of income remaining available for income withholding 
150.22  after the payment of current support. 
150.23     Sec. 49.  [517C.59] [SUBSEQUENT INCOME WITHHOLDING.] 
150.24     Subdivision 1.  [APPLICATION.] This section applies to 
150.25  support orders that do not contain provisions for income 
150.26  withholding. 
150.27     Subd. 2.  [PUBLIC AUTHORITY PROVIDES CHILD SUPPORT 
150.28  ENFORCEMENT SERVICES.] If the public authority provides child 
150.29  support enforcement services to the parties, income withholding 
150.30  under this section takes effect without prior judicial notice to 
150.31  the obligor and without the need for judicial or administrative 
150.32  hearing.  Withholding must be initiated when: 
150.33     (1) the obligor requests it in writing to the public 
150.34  authority; 
150.35     (2) the obligee or obligor serves on the public authority a 
150.36  copy of the notice of income withholding, a copy of the court's 
151.1   order, an application, and the fee to use the public authority's 
151.2   collection services; or 
151.3      (3) the public authority commences withholding under 
151.4   section 517C.43. 
151.5      Subd. 3.  [PUBLIC AUTHORITY DOES NOT PROVIDE CHILD SUPPORT 
151.6   ENFORCEMENT SERVICES.] If the public authority does not provide 
151.7   child support enforcement services to the parties, income 
151.8   withholding under this section must be initiated when an obligee 
151.9   requests it by making a written motion to the court and the 
151.10  court finds that previous support has not been paid on a timely 
151.11  consistent basis or that the obligor has threatened expressly or 
151.12  otherwise to stop or reduce payments. 
151.13     Subd. 4.  [NOTICE.] Within two days after the public 
151.14  authority commences withholding under this section, the public 
151.15  authority must send to the obligor at the obligor's last known 
151.16  address, notice that withholding has commenced.  The notice must 
151.17  include the information provided to the payor of funds in the 
151.18  notice of withholding. 
151.19     Subd. 5.  [CONTEST.] (a) The obligor may contest 
151.20  withholding under this section on the limited grounds that the 
151.21  withholding or the amount withheld is improper due to mistake of 
151.22  fact.  An obligor who chooses to contest the withholding must do 
151.23  so no later than 15 days after the employer commences 
151.24  withholding, by bringing a proper motion under section 484.702 
151.25  and the expedited child support process rules. 
151.26     (b) The income withholding must remain in place while the 
151.27  obligor contests the withholding. 
151.28     (c) If the court finds a mistake in the amount of the 
151.29  arrears to be withheld, the court must continue the income 
151.30  withholding, but it must correct the amount of the arrears to be 
151.31  withheld. 
151.32     Sec. 50.  [517C.60] [INCOME WITHHOLDING; ARREARS ORDER.] 
151.33     (a) In addition to ordering income withholding for current 
151.34  support, the court may order the payor of funds to withhold 
151.35  amounts to satisfy the obligor's previous arrears in support 
151.36  order payments.  Use of this remedy does not exclude the use of 
152.1   other remedies to enforce judgments.  The employer or payor of 
152.2   funds must withhold from the obligor's income an additional 
152.3   amount equal to 20 percent of the monthly child support 
152.4   obligation until the arrears are paid. 
152.5      (b) Notwithstanding any law to the contrary, funds from 
152.6   income sources included in section 517C.12, subdivision 1, 
152.7   whether periodic or lump-sum, are not exempt from attachment or 
152.8   execution upon a judgment for child support arrears. 
152.9      (c) Absent an order to the contrary, if arrears exist at 
152.10  the time a support order would otherwise terminate, income 
152.11  withholding continues in effect or may be implemented in an 
152.12  amount equal to the support order plus an additional 20 percent 
152.13  of the monthly child support obligation, until all arrears have 
152.14  been paid in full. 
152.15     Sec. 51.  [517C.61] [INTERSTATE INCOME WITHHOLDING.] 
152.16     (a) Upon receipt of an order for support entered in another 
152.17  state and the specified documentation from an authorized agency, 
152.18  the public authority must implement income withholding.  A payor 
152.19  of funds in this state must withhold income under court orders 
152.20  for withholding issued by other states or territories. 
152.21     (b) An employer receiving an income withholding notice from 
152.22  another state must withhold and distribute the funds as directed 
152.23  in the withholding notice and must apply the law of the 
152.24  obligor's principal place of employment when determining: 
152.25     (1) the employer's fee for processing an income withholding 
152.26  notice; 
152.27     (2) the maximum amount permitted to be withheld from the 
152.28  obligor's income; and 
152.29     (3) deadlines for implementing and forwarding the child 
152.30  support payment. 
152.31     (c) An obligor may contest withholding under this section 
152.32  pursuant to section 518C.506. 
152.33     Sec. 52.  [517C.62] [ORDER TERMINATING INCOME WITHHOLDING.] 
152.34     Subdivision 1.  [GENERAL PROCEDURE.] (a) An order 
152.35  terminating income withholding must specify the effective date 
152.36  of the order and reference the initial order or decree that 
153.1   establishes the support obligation.  A court must enter an order 
153.2   terminating income withholding if: 
153.3      (1) the obligor serves written notice of the application 
153.4   for termination of income withholding by mail upon the obligee 
153.5   at the obligee's last known mailing address, and serves a 
153.6   duplicate copy of the application on the public authority; 
153.7      (2) the application for termination of income withholding 
153.8   specifies the event that terminates the support obligation, the 
153.9   effective date of the termination of the support obligation, and 
153.10  the applicable provisions of the order or decree that 
153.11  established the support obligation; and 
153.12     (3) the application includes the complete name of the 
153.13  obligor's payor of funds, the business mailing address, the 
153.14  court action and court file number, and the support and 
153.15  collections file number, if known. 
153.16     (b) The obligee or the public authority may request a 
153.17  contested hearing on the issue of whether income withholding 
153.18  should continue.  The request must be made within 20 days of 
153.19  receiving an application for termination of income withholding.  
153.20  The request must clearly specify the basis for continuing income 
153.21  withholding.  The obligee or public authority may make an ex 
153.22  parte motion to stay the service of an order terminating income 
153.23  withholding upon the obligor's payor of funds pending the 
153.24  outcome of the contested hearing. 
153.25     Subd. 2.  [TERMINATION BY PUBLIC AUTHORITY.] (a) If the 
153.26  public authority determines that income withholding is no longer 
153.27  applicable, the public authority must notify the obligee and the 
153.28  obligor of intent to terminate income withholding. 
153.29     (b) Five days after notification to the obligee and 
153.30  obligor, the public authority must issue a notice to the payor 
153.31  of funds terminating income withholding.  A court order is not 
153.32  required unless the obligee has requested an expedited child 
153.33  support hearing under section 484.702. 
153.34     Sec. 53.  [517C.63] [CHILD SUPPORT DEPOSIT ACCOUNT; 
153.35  FINANCIAL INSTITUTIONS.] 
153.36     Subdivision 1.  [APPLICATION.] If income withholding is 
154.1   ineffective due to the obligor's method of obtaining income, the 
154.2   court must order the obligor to identify a child support deposit 
154.3   account owned solely by the obligor, or to establish an account, 
154.4   in a financial institution located in this state for the purpose 
154.5   of depositing court-ordered child support payments.  The court 
154.6   must order the obligor to execute an agreement with the 
154.7   appropriate public authority for preauthorized transfers from 
154.8   the obligor's child support account payable to an account of the 
154.9   public authority.  The court must order the obligor to disclose 
154.10  to the court all deposit accounts owned by the obligor in whole 
154.11  or in part in any financial institution.  The court may order 
154.12  the obligor to disclose to the court the opening or closing of 
154.13  any deposit account owned in whole or in part by the obligor 
154.14  within 30 days of the opening or closing.  The court may order 
154.15  the obligor to execute an agreement with the appropriate public 
154.16  authority for preauthorized transfers from any deposit account 
154.17  owned in whole or in part by the obligor to the obligor's child 
154.18  support deposit account if necessary to satisfy court-ordered 
154.19  child support payments.  The court may order a financial 
154.20  institution to disclose to the court the account number and any 
154.21  other information regarding accounts owned in whole or in part 
154.22  by the obligor.  An obligor who fails to comply with this 
154.23  subdivision, fails to deposit funds in at least one deposit 
154.24  account sufficient to pay court-ordered child support, or stops 
154.25  payment or revokes authorization of a preauthorized transfer is 
154.26  subject to contempt of court procedures under chapter 588. 
154.27     Subd. 2.  [TRANSFERS.] A financial institution must execute 
154.28  preauthorized transfers for the obligor's deposit accounts in 
154.29  the amount specified in the order and amounts required under 
154.30  this section as directed by the public authority.  A financial 
154.31  institution is liable to the obligee if funds in any of the 
154.32  obligor's deposit accounts identified in the court order equal 
154.33  the amount stated in the preauthorization agreement but are not 
154.34  transferred by the financial institution in accordance with the 
154.35  agreement. 
154.36     Sec. 54.  [517C.64] [ESCROW ACCOUNT.] 
155.1      Subdivision 1.  [STAY OF SERVICE.] (a) If the court finds 
155.2   there is no arrearage in child support as of the date of the 
155.3   court hearing, the court must stay service of the income 
155.4   withholding order under sections 517C.51 to 517C.62 if the 
155.5   obligor: 
155.6      (1) establishes a savings account for a sum equal to two 
155.7   months of the monthly child support obligation; and 
155.8      (2) provides proof of establishing the savings account to 
155.9   the court and the public authority on or before the day of the 
155.10  court hearing determining the obligation. 
155.11     (b) The obligor must hold the sum under paragraph (a) in a 
155.12  financial institution in an interest-bearing account with only 
155.13  the public authority authorized as drawer of funds.  The 
155.14  obligor's proof of establishing the account must include the 
155.15  financial institution name and address, account number, and the 
155.16  deposit amount. 
155.17     Subd. 2.  [RELEASE OF STAY.] Within three working days of 
155.18  receipt of notice of default, the public authority must direct 
155.19  the financial institution to release to the public authority the 
155.20  sum held under this section when the following conditions are 
155.21  met: 
155.22     (1) the obligor fails to pay the support amount to the 
155.23  obligee or the public authority within ten days of the date it 
155.24  is ordered to be paid; 
155.25     (2) the obligee transmits a notice of default to the public 
155.26  authority and makes application to the public authority for 
155.27  child support and maintenance collection services.  The obligee 
155.28  must verify the notice and the notice must contain the title of 
155.29  the action, the court file number, the obligee's full name and 
155.30  address, the obligor's name and last known address, the 
155.31  obligor's last known employer or other payor of funds, the date 
155.32  of the first unpaid amount, the date of the last unpaid amount, 
155.33  and the total amount unpaid; and 
155.34     (3) within three working days of receipt of notice from the 
155.35  obligee, the public authority sends a copy of the notice of 
155.36  default and a notice of intent to implement income withholding 
156.1   by mail to the obligor at the address given.  The notice of 
156.2   intent must state that the public authority will serve the order 
156.3   establishing the child support or maintenance obligation on the 
156.4   obligor's employer or payor of funds unless, within 15 days 
156.5   after the mailing of the notice, the obligor requests a hearing 
156.6   on the issue of whether payment was in default as of the date of 
156.7   the notice of default.  The obligor must serve notice of the 
156.8   request for hearing on the public authority and the obligee. 
156.9      Subd. 3.  [DUTIES OF PUBLIC AUTHORITY.] Within three 
156.10  working days of receipt of sums released under subdivision 2, 
156.11  the public authority shall remit to the obligee all amounts not 
156.12  assigned under section 256.741 as current support or 
156.13  maintenance.  The public authority must also serve a copy of the 
156.14  court's order and the provisions of this section and sections 
156.15  517C.51 to 517C.62 on the obligor's employer or other payor of 
156.16  funds unless, within 15 days after mailing of the notice of 
156.17  intent to implement income withholding, the obligor makes a 
156.18  proper motion pursuant to section 484.702 and the rules of the 
156.19  expedited child support process.  The public authority must 
156.20  inform the employer or payor of funds pursuant to sections 
156.21  517C.51 to 517C.62 of the effective date on which the next 
156.22  support or maintenance payment is due.  The withholding process 
156.23  must begin on that date and must reflect the total credits of 
156.24  principal and interest amounts received from the escrow account. 
156.25     Subd. 4.  [HEARING.] Within 30 days of the date of the 
156.26  notice of default under subdivision 2, clause (2), the court 
156.27  must hold a hearing if a motion is brought by the obligor as set 
156.28  forth in subdivision 2.  If the court finds that there was a 
156.29  default, the court must order the immediate withholding of 
156.30  support or maintenance from the obligor's income.  If the court 
156.31  finds that there was no default, the court must order either the 
156.32  obligor or obligee to reestablish the escrow account and 
156.33  continue the stay of income withholding. 
156.34     Subd. 5.  [TERMINATION OF STAY.] When the obligation for 
156.35  support of a child or for spousal maintenance ends under the 
156.36  terms of the order or decree establishing the obligation and the 
157.1   sum held under this section has not otherwise been released, the 
157.2   public authority must release the sum and interest to the 
157.3   obligor when the following conditions are met: 
157.4      (1) the obligor transmits a notice of termination to the 
157.5   public authority.  The obligor must verify the notice and the 
157.6   notice must contain the title of the action, the court file 
157.7   number, the full name and address of the obligee, specify the 
157.8   event that ends the support or maintenance obligation, the 
157.9   effective date of the termination of support or maintenance 
157.10  obligation, and the applicable provisions of the order or decree 
157.11  that established the support or maintenance obligation; 
157.12     (2) the public authority sends a copy of the notice of 
157.13  termination to the obligee; and 
157.14     (3) the obligee fails within 20 days after mailing of the 
157.15  notice under clause (2) to request a hearing on the issue of 
157.16  whether the support or maintenance obligation continues and 
157.17  serve notice of the request for hearing on the obligor and the 
157.18  public authority. 
157.19     Sec. 55.  [517C.65] [TRUSTEE.] 
157.20     Subdivision 1.  [APPOINTMENT.] Upon its own motion or upon 
157.21  motion of either party, the court may appoint a trustee, when it 
157.22  is deemed expedient, to receive money ordered to be paid as 
157.23  child support for remittance to the person entitled to receive 
157.24  the payments.  The trustee may also receive property that is 
157.25  part of an award for division of marital property.  The trustee 
157.26  must hold the property in trust to invest and pay over the 
157.27  income in the manner the court directs, or to pay over the 
157.28  principal sum in the proportions and at the times the court 
157.29  orders.  In all cases, the court must consider the situation and 
157.30  circumstances of the recipient, and the children, if any.  The 
157.31  trustee must give a bond, as the court requires, for the 
157.32  faithful performance of the trust.  If it appears that the 
157.33  recipient of money ordered to be paid as support will receive 
157.34  public assistance, the court must appoint the public authority 
157.35  as trustee. 
157.36     Subd. 2.  [RECORDS.] The trustee must maintain records 
158.1   listing the amount of payments, the date when payments are 
158.2   required to be made, and the names and addresses of the parties 
158.3   affected by the order. 
158.4      Subd. 3.  [COMMUNICATION.] The parties affected by the 
158.5   order must inform the trustee of a change of address or of other 
158.6   conditions that may affect the administration of the order. 
158.7      Subd. 4.  [LATE PAYMENT.] If a required support payment is 
158.8   not made within ten days of the due date, the trustee must send 
158.9   the obligor notice of the arrears by first class mail.  If 
158.10  payment of the sum due is not received by the trustee within ten 
158.11  days after sending notice, the trustee must certify the amount 
158.12  due to the public authority, whenever that authority is not the 
158.13  trustee.  If the public authority refers the arrears to the 
158.14  county attorney, the county attorney may initiate enforcement 
158.15  proceedings against the obligor for support. 
158.16     Sec. 56.  [517C.66] [OVERPAYMENTS.] 
158.17     If child support is not assigned under section 256.741, and 
158.18  an obligor has overpaid a child support obligation because of a 
158.19  modification or error in the amount owed, the public authority 
158.20  must: 
158.21     (1) apply the amount of the overpayment to reduce the 
158.22  amount of child support arrears or debts owed to the obligee; 
158.23  and 
158.24     (2) if an overpayment exists after the reduction of arrears 
158.25  or debt, reduce the amount of the child support remitted to the 
158.26  obligee by an amount no greater than 20 percent of the current 
158.27  monthly support obligation and remit this amount to the obligor 
158.28  until the overpayment is reduced to zero. 
158.29     Sec. 57.  [517C.67] [ALTERNATE NOTICE OF COURT ORDER.] 
158.30     Whenever this chapter requires service of a court's order 
158.31  on an employer, union, or payor of funds, service of a verified 
158.32  notice of order may be made in lieu of the order.  The verified 
158.33  notice must contain the title of the action, the name of the 
158.34  court, the court file number, the date of the court order, and 
158.35  must recite the operative provisions of the order. 
158.36     Sec. 58.  [517C.70] [CHILD SUPPORT AND PARENTING TIME ARE 
159.1   INDEPENDENT.] 
159.2      (a) Failure by a party to make support payments is not a 
159.3   defense to:  
159.4      (1) interference with parenting time; or 
159.5      (2) removing a child from this state without the permission 
159.6   of the court or the other parent. 
159.7      (b) Interference with parenting time or taking a child from 
159.8   this state without permission of the court or the other parent 
159.9   is not a defense to nonpayment of support. 
159.10     (c) If a party fails to make support payments, interferes 
159.11  with parenting time, or removes a child from this state without 
159.12  permission of the court or the other parent, the other party may 
159.13  petition the court for an appropriate order. 
159.14     Sec. 59.  [517C.705] [SIX-MONTH REVIEW.] 
159.15     A request for a six-month review hearing form must be 
159.16  attached to a decree or order that initially establishes child 
159.17  support rights and obligations according to section 517A.29. 
159.18     Sec. 60.  [517C.71] [PAYMENT AGREEMENTS.] 
159.19     Subdivision 1.  [GENERAL REQUIREMENTS.] An obligor who has 
159.20  child support arrears may enter into a payment agreement that 
159.21  addresses payment of both current and overdue support.  Payment 
159.22  agreements must: 
159.23     (1) be in writing; 
159.24     (2) address both current support and arrears; and 
159.25     (3) be approved by the district court, a child support 
159.26  magistrate, or the public authority. 
159.27     Subd. 2.  [CONSIDERATIONS.] In proposing or approving 
159.28  proposed payment agreements for purposes of this chapter, the 
159.29  district court, a child support magistrate, or the public 
159.30  authority must take into consideration the amount of the 
159.31  arrears, the amount of the current support order, any pending 
159.32  request for modification, and the earnings of the obligor.  The 
159.33  district court, child support magistrate, or public authority 
159.34  must consider the individual financial circumstances of each 
159.35  obligor in evaluating the obligor's ability to pay a proposed 
159.36  payment agreement and must propose a reasonable payment 
160.1   agreement tailored to the individual financial circumstances of 
160.2   each obligor.  The district court, child support magistrate, or 
160.3   public authority also must consider a graduated payment plan 
160.4   tailored to the individual financial circumstances of each 
160.5   obligor. 
160.6      Sec. 61.  [517C.72] [SEEK EMPLOYMENT ORDERS.] 
160.7      Subdivision 1.  [COURT ORDER.] (a) When the public 
160.8   authority is enforcing a support order, the public authority may 
160.9   seek a court order requiring an obligor to seek employment if: 
160.10     (1) the obligor's employment cannot be verified; 
160.11     (2) the obligor has child support arrears amounting to at 
160.12  least three times the obligor's total monthly support payments; 
160.13  and 
160.14     (3) the obligor is not in compliance with a payment 
160.15  agreement. 
160.16     (b) Upon proper notice to the obligor, the court may enter 
160.17  a seek employment order if it finds that the obligor has not 
160.18  provided proof of gainful employment and has not consented to an 
160.19  order for income withholding or entered into a payment agreement.
160.20     Subd. 2.  [CONTENTS OF ORDER.] The order to seek employment 
160.21  must: 
160.22     (1) order that the obligor seek employment within a 
160.23  determinate amount of time; 
160.24     (2) order that the obligor file with the public authority a 
160.25  weekly report of at least five new attempts to find employment 
160.26  or of having found employment.  The report must include the 
160.27  names, addresses, and telephone numbers of the employers or 
160.28  businesses with whom the obligor attempted to obtain employment 
160.29  and the name of the individual contact at each employer or 
160.30  business to whom the obligor made application for employment or 
160.31  to whom an inquiry was directed; 
160.32     (3) notify the obligor that failure to comply with the 
160.33  order is evidence of a willful failure to pay support under 
160.34  section 517C.74; 
160.35     (4) order that the obligor provide the public authority 
160.36  with verification of any reason for noncompliance with the 
161.1   order; and 
161.2      (5) specify the duration of the order, not to exceed three 
161.3   months. 
161.4      Sec. 62.  [517C.73] [ORDER FOR COMMUNITY SERVICES.] 
161.5      If the court finds that the obligor earns $400 or less per 
161.6   month and does not have the ability to provide support based on 
161.7   the guidelines and factors in this chapter, the court may order 
161.8   the obligor to perform community services to fulfill the 
161.9   obligor's support obligation.  In ordering community services 
161.10  under this section, the court must consider whether the obligor 
161.11  has the physical capability to perform community services, and 
161.12  must order community services that are appropriate for the 
161.13  obligor's abilities. 
161.14     Sec. 63.  [517C.74] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 
161.15  SUPPORT.] 
161.16     Subdivision 1.  [GROUNDS.] If a person against whom an 
161.17  order or decree for support has been entered under this chapter, 
161.18  chapter 256, or a comparable law from another jurisdiction has 
161.19  child support arrears amounting to at least three times the 
161.20  obligor's total monthly support obligation and is not in 
161.21  compliance with a payment agreement, a court may cite and punish 
161.22  a person for contempt under section 517C.25, subdivision 1, 
161.23  chapter 588, or this section.  An obligor's failure to comply 
161.24  with a seek employment order entered under section 517C.72 is 
161.25  evidence of willful failure to pay support. 
161.26     Subd. 2.  [COURT OPTIONS.] (a) If a court cites a person 
161.27  for contempt under this section, and the obligor lives in a 
161.28  county that contracts with the commissioner of human services 
161.29  under section 256.997, the court may order the performance of 
161.30  community service work up to 32 hours per week for six weeks for 
161.31  each finding of contempt if the obligor: 
161.32     (1) is able to work full time; 
161.33     (2) works an average of less than 32 hours per week; and 
161.34     (3) has actual weekly gross income averaging less than 40 
161.35  times the federal minimum hourly wage under United States Code, 
161.36  title 29, section 206(a)(1), or is voluntarily earning less than 
162.1   the obligor has the ability to earn, as determined by the court. 
162.2      (b) An obligor is presumed to be able to work full time.  
162.3   The obligor has the burden of proving inability to work full 
162.4   time. 
162.5      Subd. 3.  [RELEASE.] A person ordered to do community 
162.6   service work under subdivision 2 may, during the six-week 
162.7   period, apply to the district court, a child support magistrate, 
162.8   or the public authority to be released from the community 
162.9   service work requirement if the person: 
162.10     (1) provides proof to the district court, a child support 
162.11  magistrate, or the public authority that the person is gainfully 
162.12  employed and submits to an order for income withholding under 
162.13  section 517C.52; 
162.14     (2) enters into a payment agreement under section 517C.71; 
162.15  or 
162.16     (3) provides proof to the district court, a child support 
162.17  magistrate, or the public authority that, after entry of the 
162.18  order, the person's circumstances have so changed that the 
162.19  person is no longer able to fulfill the terms of the community 
162.20  service order. 
162.21     Subd. 4.  [CONTINUING OBLIGATIONS.] An obligor's 
162.22  performance of community service work does not relieve the 
162.23  obligor of a current support obligation or arrears. 
162.24     Sec. 64.  [517C.745] [SECURITY; SEQUESTRATION; CONTEMPT.] 
162.25     (a) In all cases when the court orders support payments, 
162.26  the court may require sufficient security to be given for the 
162.27  payment of them according to the terms of the order.  Upon 
162.28  neglect or refusal to give security, or upon failure to pay the 
162.29  support, the court may sequester the obligor's personal estate 
162.30  and the rents and profits of real estate of the obligor, and 
162.31  appoint a receiver of them.  The court may cause the personal 
162.32  estate and the rents and profits of the real estate to be 
162.33  applied according to the terms of the order. 
162.34     (b) The obligor is presumed to have an income from a source 
162.35  sufficient to pay the support order.  A child support order 
162.36  constitutes prima facie evidence that the obligor has the 
163.1   ability to pay the award.  If the obligor disobeys the order, it 
163.2   is prima facie evidence of contempt.  The court may cite the 
163.3   obligor for contempt under this section, section 517C.74, or 
163.4   chapter 588. 
163.5      Sec. 65.  [517C.75] [DRIVER'S LICENSE SUSPENSION.] 
163.6      Subdivision 1.  [FACTORS WARRANTING SUSPENSION.] An 
163.7   obligor's driver's license must be suspended if the court finds 
163.8   that the obligor has been or may be issued a driver's license by 
163.9   the commissioner of public safety and if: 
163.10     (1) the obligor has arrears amounting to at least three 
163.11  times the obligor's total monthly support obligation and the 
163.12  obligor is not in compliance with a payment agreement under 
163.13  section 517C.71; or 
163.14     (2) the obligor has failed, after receiving notice, to 
163.15  comply with a subpoena relating to a paternity or child support 
163.16  proceeding. 
163.17     Subd. 2.  [SUSPENSION INITIATED BY OBLIGEE.] (a) An obligee 
163.18  may bring a motion to suspend an obligor's driver's license.  
163.19  The obligee must properly serve the motion on the obligor 
163.20  pursuant to court rules and file the motion with the court.  An 
163.21  obligee may not bring a motion under this subdivision within 12 
163.22  months of a denial of a previous motion under this subdivision. 
163.23     (b) At the hearing, if the court finds that a factor under 
163.24  subdivision 1 exists, the court must: 
163.25     (1) order the commissioner of public safety to suspend the 
163.26  obligor's driver's license; and 
163.27     (2) stay the order for 90 days to allow the obligor the 
163.28  opportunity to enter into a payment agreement under section 
163.29  517C.71. 
163.30     (c) If after 90 days the obligor has not entered into or is 
163.31  not in compliance with a payment agreement under section 
163.32  517C.71, the court's order becomes effective and the 
163.33  commissioner of public safety must suspend the obligor's 
163.34  driver's license. 
163.35     Subd. 3.  [SUSPENSION INITIATED BY PUBLIC AUTHORITY.] (a) 
163.36  If the public authority determines that a factor in subdivision 
164.1   1 exists, the public authority must initiate the suspension of 
164.2   the obligor's driver's license. 
164.3      (b) The public authority must mail a written notice to the 
164.4   obligor at the obligor's last known address indicating that: 
164.5      (1) the public authority intends to seek suspension of the 
164.6   obligor's driver's license; and 
164.7      (2) the obligor must make a written request for a hearing 
164.8   to contest the driver's license suspension within 30 days of the 
164.9   date of the notice. 
164.10     (c) If the obligor requests a hearing within 30 days of the 
164.11  date of the notice, a court hearing must be held.  At least 14 
164.12  days before the hearing, the public authority must serve notice 
164.13  on the obligor personally or by mail at the obligor's last known 
164.14  address of the following: 
164.15     (1) the hearing time and place; 
164.16     (2) the allegations against the obligor; and 
164.17     (3) a statement informing the obligor of the requirement to 
164.18  enter into a payment agreement under section 517C.71 to avoid 
164.19  license suspension. 
164.20     (d) If a hearing is held and the court finds a factor under 
164.21  subdivision 1 exists, the court must order the commissioner of 
164.22  public safety to suspend the obligor's driver's license. 
164.23     (e) If the obligor does not request a hearing within 30 
164.24  days of the date of the notice and has not executed a written 
164.25  payment agreement under section 517C.71 that is approved by the 
164.26  public authority within 90 days of the date of the notice, the 
164.27  public authority must direct the commissioner of public safety 
164.28  to suspend the obligor's driver's license. 
164.29     Subd. 4.  [SUSPENSION FOR FAILURE TO COMPLY WITH 
164.30  SUBPOENA.] (a) A court, child support magistrate, or the public 
164.31  authority may direct the commissioner of public safety to 
164.32  suspend an obligor's driver's license if the obligor has failed, 
164.33  after receiving notice, to comply with a subpoena relating to a 
164.34  paternity or child support proceeding. 
164.35     (b) The notice to an obligor of intent to suspend a 
164.36  driver's license must be served by first class mail at the 
165.1   obligor's last known address.  The notice must inform the 
165.2   obligor of the right to make a written request for a hearing. 
165.3      (c) If the obligor makes a written request within ten days 
165.4   of the date of the notice, a hearing must be held.  At the 
165.5   hearing, the only issues to be considered are mistake of fact 
165.6   and whether the obligor received the subpoena. 
165.7      Subd. 5.  [SUSPENSION FOR FAILURE TO REMAIN IN COMPLIANCE 
165.8   WITH PAYMENT AGREEMENT.] The license of an obligor who fails to 
165.9   remain in compliance with a payment agreement under section 
165.10  517C.71 may be suspended.  A party or the public authority must 
165.11  serve notice upon the obligor of intent to suspend under this 
165.12  subdivision.  The party or public authority must serve the 
165.13  notice upon the obligor by first class mail at the obligor's 
165.14  last known address not less than ten days before the hearing 
165.15  date.  The notice must include a notice of hearing.  If the 
165.16  obligor appears at the hearing and the judge determines that the 
165.17  obligor has failed to comply with a payment agreement under 
165.18  section 517C.71, the judge must notify the Department of Public 
165.19  Safety to suspend the obligor's driver's license.  If the 
165.20  obligor fails to appear at the hearing, the public authority may 
165.21  notify the Department of Public Safety to suspend the obligor's 
165.22  driver's license. 
165.23     Subd. 6.  [REINSTATEMENT.] (a) An obligor whose driver's 
165.24  license or operating privileges are suspended may: 
165.25     (1) provide proof to the public authority that the obligor 
165.26  is in compliance with all payment agreements under section 
165.27  517C.71; 
165.28     (2) bring a motion for reinstatement of the driver's 
165.29  license.  At the hearing, the district court or child support 
165.30  magistrate must establish a payment agreement under section 
165.31  517C.71 if the district court or child support magistrate orders 
165.32  reinstatement of the driver's license; or 
165.33     (3) seek a limited license under section 171.30.  A limited 
165.34  license issued to an obligor under section 171.30 expires 90 
165.35  days after the date it is issued.  
165.36     (b) Within 15 days of the receipt of the proof under 
166.1   paragraph (a), clause (1), or a court order, the public 
166.2   authority must inform the commissioner of public safety that the 
166.3   obligor's driver's license or operating privileges should no 
166.4   longer be suspended. 
166.5      Subd. 7.  [REMEDIES AVAILABLE.] The remedy under this 
166.6   section is in addition to any other enforcement remedy available 
166.7   to the court or public authority. 
166.8      Subd. 8.  [REPORT TO LEGISLATURE.] On January 15, 2007, and 
166.9   every two years after that, the commissioner of human services 
166.10  must submit a report to the legislature that identifies the 
166.11  following information relevant to the implementation of this 
166.12  section: 
166.13     (1) the number of child support obligors notified of an 
166.14  intent to suspend a driver's license; 
166.15     (2) the amount collected in payments from the child support 
166.16  obligors notified of an intent to suspend a driver's license; 
166.17     (3) the number of cases paid in full and payment agreements 
166.18  executed in response to notification of an intent to suspend a 
166.19  driver's license; 
166.20     (4) the number of cases in which there has been 
166.21  notification and no payments or payment agreements; 
166.22     (5) the number of driver's licenses suspended; 
166.23     (6) the cost of implementation and operation of the 
166.24  requirements of this section; and 
166.25     (7) the number of limited licenses issued and number of 
166.26  cases in which payment agreements are executed and cases are 
166.27  paid in full following issuance of a limited license. 
166.28     Sec. 66.  [517C.76] [OCCUPATIONAL LICENSE SUSPENSION.] 
166.29     Subdivision 1.  [FACTORS WARRANTING SUSPENSION.] An 
166.30  obligor's occupational license must be suspended if the court 
166.31  finds that the obligor is or may be licensed by a licensing 
166.32  board listed in section 214.01 or other state, county, or 
166.33  municipal agency or board that issues an occupation license and 
166.34  if: 
166.35     (1) the obligor has arrears amounting to at least three 
166.36  times the obligor's total monthly support obligation and the 
167.1   obligor is not in compliance with a payment agreement under 
167.2   section 517C.71; or 
167.3      (2) the obligor has failed, after receiving notice, to 
167.4   comply with a subpoena relating to a paternity or child support 
167.5   proceeding. 
167.6      Subd. 2.  [SUSPENSION INITIATED BY OBLIGEE.] (a) An obligee 
167.7   may bring a motion to suspend an obligor's occupational 
167.8   license.  The obligee must properly serve the motion on the 
167.9   obligor pursuant to court rules and file the motion with the 
167.10  court. 
167.11     (b) At the hearing, if the court finds that a factor under 
167.12  subdivision 1 exists, the court must: 
167.13     (1) order the licensing board or agency to suspend the 
167.14  obligor's occupational license under section 214.101; and 
167.15     (2) stay the order for 90 days to allow the obligor the 
167.16  opportunity to enter into a payment agreement under section 
167.17  517C.71. 
167.18     (c) If after 90 days the obligor has not entered into or is 
167.19  not in compliance with a payment agreement under section 
167.20  517C.71, the court order becomes effective and the licensing 
167.21  board or agency must suspend the obligor's occupational license. 
167.22     (d) If the obligor is a licensed attorney, the court must 
167.23  comply with the procedure under subdivision 4 for notifying the 
167.24  Lawyers Professional Responsibility Board. 
167.25     Subd. 3.  [SUSPENSION INITIATED BY PUBLIC AUTHORITY.] (a) 
167.26  If the public authority determines that a factor in subdivision 
167.27  1 exists, the public authority must initiate the suspension of 
167.28  the obligor's occupational license. 
167.29     (b) The public authority must mail a written notice to the 
167.30  obligor at the obligor's last known address indicating that: 
167.31     (1) the public authority intends to seek suspension of the 
167.32  obligor's occupational license; and 
167.33     (2) the obligor must make a written request for a hearing 
167.34  to contest the occupational license suspension within 30 days of 
167.35  the date of the notice. 
167.36     (c) If the obligor requests a hearing within 30 days of the 
168.1   date of the notice, a court hearing must be held.  At least 14 
168.2   days before the hearing, the public authority must serve notice 
168.3   on the obligor personally or by mail at the obligor's last known 
168.4   address of the following: 
168.5      (1) the hearing time and place; 
168.6      (2) the allegations against the obligor; and 
168.7      (3) a statement informing the obligor of the requirement to 
168.8   enter into a payment agreement under section 517C.71 to avoid 
168.9   license suspension. 
168.10     (d) If a hearing is held and the court finds a factor 
168.11  warranting suspension under subdivision 1 exists, the court must 
168.12  order the occupational licensing board or agency to suspend the 
168.13  obligor's occupational license. 
168.14     (e) If the obligor does not request a hearing within 30 
168.15  days of the date of the notice and has not executed a written 
168.16  payment agreement under section 517C.71 that is approved by the 
168.17  public authority within 90 days of the date of the notice, the 
168.18  public authority must direct the occupational licensing board or 
168.19  agency to suspend the obligor's occupational license. 
168.20     (f) If the obligor is a licensed attorney, the court or 
168.21  public authority must comply with the procedure under 
168.22  subdivision 4 for notifying the Lawyers Professional 
168.23  Responsibility Board. 
168.24     Subd. 4.  [OBLIGOR IS LICENSED ATTORNEY.] If an obligor is 
168.25  a licensed attorney and the court finds that a factor warranting 
168.26  suspension under subdivision 1 exists, the court or public 
168.27  authority must notify the Lawyers Professional Responsibility 
168.28  Board for appropriate action in accordance with the rules of 
168.29  professional conduct or order the licensing board or agency to 
168.30  suspend the obligor's license if the court finds that the 
168.31  obligor: 
168.32     (1) is licensed by a licensing board or other state agency 
168.33  that issues an occupational license; 
168.34     (2) has not made full payment of arrears found to be due by 
168.35  the public authority; and 
168.36     (3) has not executed or is not in compliance with a payment 
169.1   agreement. 
169.2      Subd. 5.  [SUSPENSION FOR FAILURE TO COMPLY WITH 
169.3   SUBPOENA.] (a) A court, child support magistrate, or the public 
169.4   authority may direct the occupational licensing board or agency 
169.5   to suspend an obligor's occupational license if the obligor has 
169.6   failed, after receiving notice, to comply with a subpoena 
169.7   relating to a paternity or child support proceeding. 
169.8      (b) The notice to an obligor of intent to suspend an 
169.9   occupational license must be served by first class mail at the 
169.10  obligor's last known address.  The notice must inform the 
169.11  obligor of the right to make a written request for a hearing. 
169.12     (c) If the obligor makes a written request within ten days 
169.13  of the date of the notice, a hearing must be held.  At the 
169.14  hearing, the only issues to be considered are mistake of fact 
169.15  and whether the obligor received the subpoena. 
169.16     Subd. 6.  [FAILURE TO REMAIN IN COMPLIANCE WITH APPROVED 
169.17  PAYMENT AGREEMENT.] The license of an obligor who fails to 
169.18  remain in compliance with a payment agreement under section 
169.19  517C.71 may be suspended.  A party must serve notice upon the 
169.20  obligor of an intent to suspend under this subdivision.  A party 
169.21  must serve the notice by first class mail at the obligor's last 
169.22  known address not less than ten days before the date of the 
169.23  hearing.  The notice must include a notice of hearing.  If the 
169.24  obligor appears at the hearing and the judge determines that the 
169.25  obligor has failed to comply with a payment agreement under 
169.26  section 517C.71, the judge must notify the licensing board or 
169.27  agency to suspend the obligor's license.  If the obligor fails 
169.28  to appear at the hearing, the public authority may notify the 
169.29  licensing board or agency to suspend the obligor's license. 
169.30     Subd. 7.  [REINSTATEMENT.] An obligor whose occupational 
169.31  license is suspended may provide proof to the public authority 
169.32  that the obligor is in compliance with all payment agreements 
169.33  under section 517C.71.  Within 15 days of the receipt of that 
169.34  proof, the public authority must inform the licensing board or 
169.35  agency or the Lawyers Professional Responsibility Board that the 
169.36  obligor is no longer ineligible for license issuance, 
170.1   reinstatement, or renewal under this section. 
170.2      Subd. 8.  [REMEDIES AVAILABLE.] The remedy under this 
170.3   section is in addition to any other enforcement remedy available 
170.4   to the court or public authority. 
170.5      Sec. 67.  [517C.77] [DATA ON SUSPENSIONS FOR SUPPORT 
170.6   ARREARS.] 
170.7      Notwithstanding section 13.03, subdivision 4, paragraph 
170.8   (c), data on an occupational license suspension under section 
170.9   517C.76 or a driver's license suspension under section 517C.75, 
170.10  that are transferred by the Department of Human Services to the 
170.11  Department of Public Safety or a state, county, or municipal 
170.12  occupational licensing agency respectively must have the same 
170.13  classification at the Department of Public Safety or other 
170.14  receiving agency under section 13.02 as other license suspension 
170.15  data held by the receiving agency.  The transfer of the data 
170.16  does not affect the classification of the data in the hands of 
170.17  the Department of Human Services. 
170.18     Sec. 68.  [517C.78] [RECREATIONAL LICENSE SUSPENSION.] 
170.19     Subdivision 1.  [MOTION; FACTORS.] (a) An obligee or the 
170.20  public authority may bring a motion to suspend the recreational 
170.21  license or licenses of an obligor.  An obligee or the public 
170.22  authority must serve the motion on the obligor in person or by 
170.23  first class mail at the obligor's last known address.  There 
170.24  must be an opportunity for a hearing.  The court may direct the 
170.25  commissioner of natural resources to suspend or bar receipt of 
170.26  the obligor's recreational license or licenses if it finds that: 
170.27     (1) the obligor has child support arrears amounting to at 
170.28  least six times the obligor's total monthly support payments and 
170.29  the obligor is not in compliance with a payment agreement under 
170.30  section 517C.71; or 
170.31     (2) the obligor has failed, after receiving notice, to 
170.32  comply with a subpoena relating to a paternity or child support 
170.33  proceeding. 
170.34     (b) Before utilizing this section, the court must find that 
170.35  other substantial enforcement mechanisms have been attempted but 
170.36  have not resulted in compliance. 
171.1      Subd. 2.  [AFFECTED LICENSES.] For purposes of this 
171.2   section, a recreational license includes all licenses, permits, 
171.3   and stamps issued centrally by the commissioner of natural 
171.4   resources under sections 97B.301, 97B.401, 97B.501, 97B.515, 
171.5   97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305. 
171.6      Subd. 3.  [REINSTATEMENT.] An obligor whose recreational 
171.7   license has been suspended or barred may provide proof to the 
171.8   court that the obligor is in compliance with all payment 
171.9   agreements under section 517C.71.  Within 15 days of receipt of 
171.10  that proof, the court must notify the commissioner of natural 
171.11  resources that the obligor's recreational license or licenses 
171.12  must no longer be suspended nor may receipt be barred. 
171.13     Sec. 69.  [517C.79] [MOTOR VEHICLE LIEN.] 
171.14     Subdivision 1.  [FACTORS WARRANTING LIEN.] A lien in the 
171.15  name of the obligee or the state of Minnesota, as appropriate, 
171.16  in accordance with section 168A.05, subdivision 8, must be 
171.17  entered on any motor vehicle certificate of title subsequently 
171.18  issued in the obligor's name if the obligor: 
171.19     (1) is a debtor for a judgment debt resulting from child 
171.20  support arrears in an amount at least three times the total 
171.21  monthly support obligation; and 
171.22     (2) is not in compliance with a payment agreement under 
171.23  section 517C.71. 
171.24     Subd. 2.  [LIEN INITIATED BY OBLIGEE.] (a) An obligee may 
171.25  bring a motion for the entry of a lien on any motor vehicle 
171.26  certificate of title issued in the obligor's name.  The obligee 
171.27  must properly serve the motion on the obligor pursuant to court 
171.28  rules and file the motion with the court. 
171.29     (b) At the hearing, if the court finds that the factors 
171.30  under subdivision 1 exist, the court must: 
171.31     (1) order the commissioner of public safety to enter a lien 
171.32  in the obligee's name or in the name of the state of Minnesota, 
171.33  as appropriate under section 168A.05, subdivision 8, on any 
171.34  motor vehicle certificate of title subsequently issued in the 
171.35  obligor's name; and 
171.36     (2) stay the order for 90 days to allow the obligor the 
172.1   opportunity to enter into a payment agreement under section 
172.2   517C.71. 
172.3      (c) If after 90 days the obligor has not entered into or is 
172.4   not in compliance with a payment agreement under section 
172.5   517C.71, the court's order becomes effective and the 
172.6   commissioner of public safety must enter the lien on any motor 
172.7   vehicle certificate of title subsequently issued in the 
172.8   obligor's name. 
172.9      Subd. 3.  [LIEN INITIATED BY PUBLIC AUTHORITY.] (a) If the 
172.10  public authority determines that the factors in subdivision 1 
172.11  exist, the public authority must direct the commissioner of 
172.12  public safety to enter a lien in the name of the obligee or in 
172.13  the name of the state of Minnesota, as appropriate, under 
172.14  section 168A.05, subdivision 8, on any motor vehicle certificate 
172.15  of title subsequently issued in the obligor's name. 
172.16     (b) At least 90 days before directing the entry of a lien 
172.17  under this section, the public authority must mail a written 
172.18  notice to the obligor at the obligor's last known address 
172.19  indicating that: 
172.20     (1) the public authority intends to enter a lien on any 
172.21  motor vehicle certificate of title subsequently issued in the 
172.22  obligor's name; and 
172.23     (2) the obligor must make a written request for a hearing 
172.24  within 30 days of the date of the notice to contest the action. 
172.25     (c) If the obligor makes a written request for a hearing 
172.26  within 30 days of the date of the notice, a court hearing must 
172.27  be held.  At least 14 days before the hearing, the public 
172.28  authority must serve the obligor personally or by mail at the 
172.29  obligor's last known address with a notice including the hearing 
172.30  time and place and the allegations against the obligor. 
172.31     (d) If a hearing is held and the court finds the factors 
172.32  under subdivision 1 exist, the court must order the commissioner 
172.33  of public safety to enter the lien on any motor vehicle 
172.34  certificate of title subsequently issued in the obligor's name. 
172.35     (e) If the obligor does not make a written request for a 
172.36  hearing within 30 days of the date of the notice and has not 
173.1   entered into or is not in compliance with a payment agreement 
173.2   under section 517C.71 approved by the public authority within 90 
173.3   days of the date of the notice, the public authority must direct 
173.4   the commissioner of public safety to enter the lien on any motor 
173.5   vehicle certificate of title subsequently issued in the 
173.6   obligor's name. 
173.7      Subd. 4.  [RELEASE.] An obligor may provide proof to the 
173.8   court or the public authority that the obligor is in compliance 
173.9   with all written payment agreements under section 517C.71 or 
173.10  that the motor vehicle's value is less than the exemption 
173.11  provided under section 550.37.  Within 15 days of the receipt of 
173.12  that proof, the court or public authority must: 
173.13     (1) execute a release of security interest under section 
173.14  168A.20, subdivision 4, and mail or deliver the release to the 
173.15  owner or other authorized person; or 
173.16     (2) in instances where a lien has not yet been entered, 
173.17  direct the commissioner of public safety not to enter a lien on 
173.18  any motor vehicle certificate of title subsequently issued in 
173.19  the obligor's name. 
173.20     Subd. 5.  [NONEXEMPT VALUE.] A lien recorded against a 
173.21  motor vehicle certificate of title under this section and 
173.22  section 168A.05, subdivision 8, attaches only to the nonexempt 
173.23  value of the motor vehicle as determined in accordance with 
173.24  section 550.37.  The value of a motor vehicle must be determined 
173.25  in accordance with the retail value described in the National 
173.26  Auto Dealers Association Official Used Car Guide, Midwest 
173.27  Edition, for the current year, or in accordance with the 
173.28  purchase price as defined in section 297B.01, subdivision 8. 
173.29     Subd. 6.  [REMEDIES AVAILABLE.] The remedy available under 
173.30  this section is in addition to any other enforcement remedies 
173.31  available to the court or public authority. 
173.32     Sec. 70.  [517C.80] [PUBLICATION OF NAMES OF DELINQUENT 
173.33  CHILD SUPPORT OBLIGORS.] 
173.34     Subdivision 1.  [MAKING NAMES PUBLIC.] At least once each 
173.35  year, the commissioner of human services, in consultation with 
173.36  the attorney general, may publish a list of the names and other 
174.1   identifying information of no more than 25 persons who: 
174.2      (1) are child support obligors; 
174.3      (2) are at least $10,000 in arrears; 
174.4      (3) are not in compliance with a payment agreement 
174.5   regarding both current support and arrears approved by the 
174.6   district court, a child support magistrate, or the public 
174.7   authority; 
174.8      (4) cannot currently be located by the public authority for 
174.9   the purposes of enforcing a support order; and 
174.10     (5) have not made a support payment except tax intercept 
174.11  payments in the preceding 12 months. 
174.12     Subd. 2.  [IDENTIFYING INFORMATION.] Identifying 
174.13  information may include the obligor's name, last known address, 
174.14  amount owed, date of birth, photograph, the number of children 
174.15  for whom support is owed, and any additional information about 
174.16  the obligor that would assist in identifying or locating the 
174.17  obligor.  The commissioner and attorney general may use posters, 
174.18  media presentations, electronic technology, and other means that 
174.19  the commissioner and attorney general determine are appropriate 
174.20  for dissemination of the information, including publication on 
174.21  the Internet.  The commissioner and attorney general may make 
174.22  any or all of the identifying information regarding these 
174.23  persons public.  Information regarding an obligor who meets the 
174.24  criteria in this section will only be made public after that 
174.25  person's selection by the commissioner and attorney general. 
174.26     Subd. 3.  [NOTICE.] (a) Before making the obligor's name 
174.27  public, the Department of Human Services must send a notice to 
174.28  the obligor's last known address stating the department's 
174.29  intention to make public information on the obligor.  The notice 
174.30  must also provide an opportunity to have the obligor's name 
174.31  removed from the list by paying the arrears or by entering into 
174.32  an agreement to pay the arrears, or by providing information to 
174.33  the public authority that there is good cause not to make the 
174.34  information public.  The notice must include the final date when 
174.35  the payment or agreement can be accepted. 
174.36     (b) The Department of Human Services must obtain the 
175.1   obligee's written consent to make the obligor's name public. 
175.2      Subd. 4.  [NAMES PUBLISHED IN ERROR.] If the commissioner 
175.3   makes a name public under subdivision 1 in error, the 
175.4   commissioner must also offer to publish a printed retraction and 
175.5   a public apology acknowledging that the name was made public in 
175.6   error.  If the person whose name was made public in error elects 
175.7   the public retraction and apology, the retraction and apology 
175.8   must appear in the same medium and the same format as the 
175.9   original notice where the name was listed in error.  In addition 
175.10  to the right of a public retraction and apology, a person whose 
175.11  name was made public in error has a civil action for damages 
175.12  caused by the error. 
175.13     Sec. 71.  [517C.81] [COLLECTION; ARREARS.] 
175.14     Subdivision 1.  [COLLECTION OF ARREARS TO CONTINUE AFTER 
175.15  CHILD IS EMANCIPATED.] Remedies available for collecting and 
175.16  enforcing support in this chapter and chapters 256, 257, and 
175.17  518C also apply to cases in which a child for whom support is 
175.18  owed is emancipated and the obligor owes past support or has 
175.19  accumulated arrears as of the date of the youngest child's 
175.20  emancipation.  Child support arrears under this section include 
175.21  arrears for child support, medical support, child care, 
175.22  pregnancy and birth expenses, and unreimbursed medical expenses 
175.23  as defined in section 517C.15. 
175.24     Subd. 2.  [RETROACTIVE APPLICATION.] This section applies 
175.25  retroactively to support arrears that accrued on or before the 
175.26  date of enactment and to all arrears accruing after the date of 
175.27  enactment. 
175.28     Subd. 3.  [LIMITATIONS.] Past support or pregnancy and 
175.29  confinement expenses ordered for which the obligor has specific 
175.30  court-ordered terms for repayment may not be enforced using 
175.31  drivers' and occupational or professional license suspension, 
175.32  credit bureau reporting, and additional income withholding under 
175.33  section 517C.60, unless the obligor fails to comply with the 
175.34  terms of the court order for repayment. 
175.35     Subd. 4.  [PAYMENT OF ARREARS.] Absent a court order to the 
175.36  contrary, if an arrearage exists at the time a support order 
176.1   would otherwise terminate and section 517C.60 does not apply, 
176.2   the obligor must repay the arrearage in an amount equal to the 
176.3   current support order until all arrears have been paid in full. 
176.4      Subd. 5.  [PAYMENT AGREEMENT.] If arrears exist according 
176.5   to a support order which fails to establish a monthly support 
176.6   obligation in a specific dollar amount, the public authority, if 
176.7   it provides child support collection services, or the obligee 
176.8   may establish a payment agreement.  The payment agreement must 
176.9   equal what the obligor would pay for current child support, plus 
176.10  an additional 20 percent of the current child support 
176.11  obligation, until all arrears are paid in full.  If the obligor 
176.12  fails to enter into or comply with a payment agreement, the 
176.13  public authority, if it provides child support collection 
176.14  services, or the obligee may file a motion in district court or 
176.15  the expedited child support process, if section 484.702 applies, 
176.16  for a court order establishing repayment terms. 
176.17     Sec. 72.  [517C.82] [COLLECTION; REVENUE RECAPTURE.] 
176.18     The public authority may submit debt under chapter 270A 
176.19  only if the obligor is in arrears in court-ordered child support 
176.20  or maintenance payments, or both, in an amount greater than the 
176.21  obligor's total monthly support and maintenance payments or if 
176.22  the debt has been entered and docketed as a judgment. 
176.23     Sec. 73.  [517C.83] [CASE REVIEWER.] 
176.24     The commissioner must make a case reviewer available to 
176.25  obligors and obligees.  The reviewer must be available to answer 
176.26  questions concerning the collection process and to review the 
176.27  collection activity taken.  A reviewer who reasonably believes 
176.28  that a particular action being taken is unreasonable or unfair 
176.29  may make recommendations to the commissioner and the applicable 
176.30  county in regard to the collection action. 
176.31     Sec. 74.  [517C.84] [ATTORNEY FEES; COLLECTION COSTS.] 
176.32     Subdivision 1.  [GENERAL.] (a) A child support obligee is 
176.33  entitled to recover from the obligor reasonable attorney fees 
176.34  and other collection costs incurred to enforce a child support 
176.35  judgment, as provided in this section if the child support 
176.36  arrears are: 
177.1      (1) at least $500; 
177.2      (2) at least 90 days past due; and 
177.3      (3) docketed as a judgment under sections 548.09 and 
177.4   548.091. 
177.5      (b) If the obligor pays in full the judgment rendered under 
177.6   section 548.091 within 20 days of receipt of notice of entry of 
177.7   judgment, the obligee is not entitled to recover attorney fees 
177.8   or collection costs under this section. 
177.9      Subd. 2.  [ENFORCEMENT.] Attorney fees and collection costs 
177.10  obtained under this section are considered child support and 
177.11  entitled to the applicable remedies for child support collection 
177.12  and enforcement. 
177.13     Subd. 3.  [NOTICE TO PUBLIC AUTHORITY.] If the public 
177.14  authority is a party to a case, an obligee must provide written 
177.15  notice to the public authority within five days of: 
177.16     (1) contracting with an attorney or collection entity to 
177.17  enforce a child support judgment; or 
177.18     (2) receipting payments received on a child support 
177.19  judgment. 
177.20     Subd. 4.  [NOTICE TO OBLIGOR; HEARING.] (a) The obligee 
177.21  must serve notice of the obligee's intent to recover attorney 
177.22  fees and collection costs by certified or registered mail on the 
177.23  obligor at the obligor's last known address.  The notice must 
177.24  itemize the attorney fees and collection costs being sought by 
177.25  the obligee.  It must inform the obligor that the fees and costs 
177.26  will become an additional judgment for child support unless, 
177.27  within 20 days of mailing of the notice, the obligor requests a 
177.28  hearing: 
177.29     (1) on the reasonableness of the fees and costs; or 
177.30     (2) to contest the child support judgment on grounds 
177.31  limited to mistake of fact. 
177.32     (b) If the obligor requests a hearing, the only issues to 
177.33  be determined by the court are: 
177.34     (1) whether the attorney fees or collection costs were 
177.35  reasonably incurred by the obligee for the enforcement of a 
177.36  child support judgment against the obligor; or 
178.1      (2) the validity of the child support judgment on grounds 
178.2   limited to mistake of fact. 
178.3      (c) The fees and costs may not exceed 30 percent of the 
178.4   arrears.  The court may modify the amount of attorney fees and 
178.5   costs as appropriate and must enter judgment accordingly. 
178.6      (d) If the obligor fails to request a hearing within 20 
178.7   days of mailing of the notice under paragraph (a), the amount of 
178.8   the attorney fees or collection costs requested by the obligee 
178.9   in the notice automatically becomes an additional judgment for 
178.10  child support. 
178.11     Subd. 5.  [FORMS.] The state court administrator must 
178.12  prepare and make available to the court and the parties forms 
178.13  for use in providing for notice and requesting a hearing under 
178.14  this section. 
178.15     Sec. 75.  [517C.99] [REQUIRED NOTICES.] 
178.16     Subdivision 1.  [REQUIREMENT.] Every court order or 
178.17  judgment and decree that provides for child support, spousal 
178.18  maintenance, custody, or parenting time must contain certain 
178.19  notices as set out in subdivision 3.  The information in the 
178.20  notices must be concisely stated in plain language.  The notices 
178.21  must be in clearly legible print, but may not exceed two pages.  
178.22  An order or judgment and decree without the notice remains 
178.23  subject to all statutes.  The court may waive all or part of the 
178.24  notice required under subdivision 3 relating to parental rights 
178.25  if it finds it is necessary to protect the welfare of a party or 
178.26  child. 
178.27     Subd. 2.  [COPIES OF LAWS AND FORMS.] The district court 
178.28  administrator must make copies of the sections referred to in 
178.29  subdivision 3 available at no charge and must provide forms to 
178.30  request or contest attorney fees and collection costs under 
178.31  section 517C.84, and cost-of-living increases under section 
178.32  517C.31. 
178.33     Subd. 3.  [CONTENTS.] The required notices must be 
178.34  substantially as follows: 
178.35                        "IMPORTANT NOTICE 
178.36  1.  PAYMENTS TO PUBLIC AGENCY 
179.1      According to Minnesota Statutes, section 517C.35, payments 
179.2      ordered for maintenance and support must be paid to the 
179.3      public agency responsible for child support enforcement as 
179.4      long as the person entitled to receive the payments is 
179.5      receiving or has applied for public assistance or has 
179.6      applied for support and maintenance collection services.  
179.7      MAIL PAYMENTS TO: 
179.8   2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
179.9   FELONY 
179.10     A person may be charged with a felony who conceals a minor 
179.11     child or takes, obtains, retains, or fails to return a 
179.12     minor child from or to the child's parent (or person with 
179.13     custodial or visitation rights), according to Minnesota 
179.14     Statutes, section 609.26.  A copy of that section is 
179.15     available from any district court clerk. 
179.16  3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 
179.17     A person who fails to pay court-ordered child support or 
179.18     maintenance may be charged with a crime, which may include 
179.19     misdemeanor, gross misdemeanor, or felony charges, 
179.20     according to Minnesota Statutes, section 609.375.  A copy 
179.21     of that section is available from any district court clerk. 
179.22  4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 
179.23     (a) Payment of support or spousal maintenance is to be as 
179.24     ordered, and the giving of gifts or making purchases of 
179.25     food, clothing, and the like will not fulfill the 
179.26     obligation. 
179.27     (b) Payment of support must be made as it becomes due, and 
179.28     failure to secure or denial of parenting time is NOT an 
179.29     excuse for nonpayment, but the aggrieved party must seek 
179.30     relief through a proper motion filed with the court. 
179.31     (c) Nonpayment of support is not grounds to deny parenting 
179.32     time.  The party entitled to receive support may apply for 
179.33     support and collection services, file a contempt motion, or 
179.34     obtain a judgment as provided in Minnesota Statutes, 
179.35     section 548.091.  
179.36     (d) The payment of support or spousal maintenance takes 
180.1      priority over payment of debts and other obligations. 
180.2      (e) A party who accepts additional obligations of support 
180.3      does so with the full knowledge of the party's prior 
180.4      obligation under this proceeding. 
180.5      (f) Child support or maintenance is based on annual income, 
180.6      and it is the responsibility of a person with seasonal 
180.7      employment to budget income so that payments are made 
180.8      throughout the year as ordered. 
180.9      (g) If the obligor is laid off from employment or receives 
180.10     a pay reduction, support may be reduced, but only if the 
180.11     obligor or public authority serves and files a motion to 
180.12     reduce the support with the court.  Any reduction will take 
180.13     effect only if ordered by the court and may only relate 
180.14     back to the time that the obligor files a motion.  If the 
180.15     obligor or public authority does not file a motion, the 
180.16     support obligation will continue at the current level.  The 
180.17     court is not permitted to reduce support retroactively, 
180.18     except as provided in Minnesota Statutes, section 517C.29. 
180.19     (h) Reasonable parenting time guidelines are contained in 
180.20     Appendix B, which is available from the court administrator.
180.21     (i) The nonpayment of support may be enforced through the 
180.22     denial of student grants; interception of state and federal 
180.23     tax refunds; suspension of driver's, recreational, and 
180.24     occupational licenses; referral to the Department of 
180.25     Revenue or private collection agencies; seizure of assets, 
180.26     including bank accounts and other assets held by financial 
180.27     institutions; reporting to credit bureaus; interest 
180.28     charging, income withholding, and contempt proceedings; and 
180.29     other enforcement methods allowed by law.  
180.30  5.  PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 
180.31     Unless otherwise provided by the court: 
180.32     (a) Each party has the right of access to, and to receive 
180.33     copies of, school, medical, dental, religious training, and 
180.34     other important records and information about the minor 
180.35     child.  Each party has the right of access to information 
180.36     regarding health or dental insurance available to the minor 
181.1      child.  Presentation of a copy of this order to the 
181.2      custodian of a record or other information about the minor 
181.3      child constitutes sufficient authorization for the release 
181.4      of the record or information to the requesting party. 
181.5      (b) Each party must keep the other informed as to the name 
181.6      and address of the school of attendance of the minor 
181.7      child.  Each party has the right to be informed by school 
181.8      officials about the child's welfare, educational progress 
181.9      and status, and to attend school and parent teacher 
181.10     conferences.  The school is not required to hold a separate 
181.11     conference for each party. 
181.12     (c) In case of an accident or serious illness of a minor 
181.13     child, each party must notify the other party of the 
181.14     accident or illness, and the name of the health care 
181.15     provider and the place of treatment. 
181.16     (d) Each party has the right of reasonable access and 
181.17     telephone contact with the minor child. 
181.18  6.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
181.19     Child support and/or spousal maintenance may be withheld 
181.20     from income, with or without notice to the person obligated 
181.21     to pay, when the conditions of Minnesota Statutes, sections 
181.22     517C.51 to 517C.62, have been met.  A copy of those 
181.23     sections is available from any district court clerk. 
181.24  7.  CHANGE OF ADDRESS OR RESIDENCE 
181.25     Unless otherwise ordered, each party must notify the other 
181.26     party, the court, and the public authority responsible for 
181.27     collection, if applicable, of the following information 
181.28     within ten days of any change:  the residential and mailing 
181.29     address; telephone number; driver's license number; Social 
181.30     Security number; and name, address, and telephone number of 
181.31     the employer. 
181.32  8.  COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 
181.33     Child support and/or spousal maintenance may be adjusted 
181.34     every two years based upon a change in the cost of living 
181.35     (using Department of Labor Consumer Price Index .........., 
181.36     unless otherwise specified in this order) when the 
182.1      conditions of Minnesota Statutes, section 517C.31, are met. 
182.2      Cost-of-living increases are compounded.  A copy of 
182.3      Minnesota Statutes, section 517C.31, and forms necessary to 
182.4      request or contest a cost-of-living increase are available 
182.5      from any district court clerk. 
182.6   9.  JUDGMENTS FOR UNPAID SUPPORT 
182.7      If a person fails to make a child support payment, the 
182.8      payment owed becomes a judgment against the person 
182.9      responsible to make the payment by operation of law on or 
182.10     after the date the payment is due, and the person entitled 
182.11     to receive the payment or the public agency may obtain 
182.12     entry and docketing of the judgment WITHOUT NOTICE to the 
182.13     person responsible to make the payment under Minnesota 
182.14     Statutes, section 548.091.  Interest begins to accrue on a 
182.15     payment or installment of child support whenever the unpaid 
182.16     amount due is greater than the current support due, 
182.17     according to Minnesota Statutes, section 548.091, 
182.18     subdivision 1a.  
182.19  10.  JUDGMENTS FOR UNPAID SPOUSAL MAINTENANCE 
182.20     A judgment for unpaid spousal maintenance may be entered 
182.21     when the conditions of Minnesota Statutes, section 548.091, 
182.22     are met.  A copy of that section is available from any 
182.23     district court clerk. 
182.24  11.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
182.25  SUPPORT 
182.26     A judgment for attorney fees and other collection costs 
182.27     incurred in enforcing a child support order will be entered 
182.28     against the person responsible to pay support when the 
182.29     conditions of Minnesota Statutes, section 517C.84, are 
182.30     met.  A copy of Minnesota Statutes, section 517C.84, and 
182.31     forms necessary to request or contest these attorney fees 
182.32     and collection costs are available from any district court 
182.33     clerk. 
182.34  12.  PARENTING TIME EXPEDITOR PROCESS 
182.35     On request of either party or on its own motion, the court 
182.36     may appoint a parenting time expeditor to resolve parenting 
183.1      time disputes under Minnesota Statutes, section 517B.26.  A 
183.2      copy of that section and a description of the expeditor 
183.3      process is available from any district court clerk. 
183.4   13.  PARENTING TIME REMEDIES AND PENALTIES 
183.5      Remedies and penalties for the wrongful denial of parenting 
183.6      time are available under Minnesota Statutes, section 
183.7      517B.25, subdivision 7.  These include compensatory 
183.8      parenting time, civil penalties, bond requirements, 
183.9      contempt, and reversal of custody.  A copy of that 
183.10     subdivision and forms for requesting relief are available 
183.11     from any district court clerk." 
183.12     Sec. 76.  [APPROPRIATIONS.] 
183.13     $770,000 is appropriated in fiscal year 2007 from the 
183.14  general fund to the commissioner of human services to fund 
183.15  implementation of the Minnesota Child Support Act and to 
183.16  reimburse counties for their implementation costs.  The 
183.17  commissioner of human services shall devise an equitable system 
183.18  to reimburse counties for their costs of implementing the 
183.19  Minnesota Child Support Act.  This is a onetime appropriation.  
183.20  Any unencumbered balance remaining in the first year does not 
183.21  cancel and is available the second year of the biennium. 
183.22     $355,000 is appropriated in fiscal year 2007 from the 
183.23  general fund to the Supreme Court administrator to fund 
183.24  implementation of the Minnesota Child Support Act.  This is a 
183.25  onetime appropriation. 
183.26     [EFFECTIVE DATE.] This section is effective July 1, 2006. 
183.27     Sec. 77.  [REVISOR'S INSTRUCTION.] 
183.28     (a) The revisor of statutes must correct internal cross- 
183.29  references to sections that are now in Minnesota Statutes, 
183.30  chapter 517C, throughout Minnesota Statutes and Minnesota Rules. 
183.31     (b) If a provision of a section of Minnesota Statutes 
183.32  amended by this act is amended by the 2005 regular legislative 
183.33  session or 2005 special legislative session, if any, the revisor 
183.34  shall codify the amendment consistent with the recodification of 
183.35  the affected section by this act, notwithstanding any law to the 
183.36  contrary.  In sections affected by this instruction, the revisor 
184.1   may make changes necessary to correct the punctuation, grammar, 
184.2   or structure of the remaining text and preserve its meaning. 
184.3      Sec. 78.  [REPEALER.] 
184.4      Minnesota Statutes 2004, sections 518.111; 518.171; 
184.5   518.255; 518.54, subdivisions 2, 4a, 13, and 14; 518.551, 
184.6   subdivisions 1, 5, 5a, 5b, 5c, 5d, 5e, 5f, 6, 7, 9, 11, 12, 13, 
184.7   13a, 14, and 15; 518.5513; 518.553; 518.57; 518.575; 518.585; 
184.8   518.5851; 518.5852; 518.5853; 518.61; 518.6111; 518.614; 
184.9   518.615; 518.616; 518.617; 518.618; 518.6195; 518.6196; and 
184.10  518.68, are repealed. 
184.11     Sec. 79.  [EFFECTIVE DATE.] 
184.12     Unless otherwise specified, this act is effective July 1, 
184.13  2006, and applies to all actions commenced and motions served on 
184.14  or after July 1, 2006. 
184.15                             ARTICLE 4 
184.16                           MISCELLANEOUS 
184.17     Section 1.  Minnesota Statutes 2004, section 518.1705, 
184.18  subdivision 7, is amended to read: 
184.19     Subd. 7.  [MOVING THE CHILD TO ANOTHER STATE.] Parents may 
184.20  agree, but the court must not require, that in a parenting plan 
184.21  the factors in section 518.17 or 257.025, as applicable, upon 
184.22  the legal standard that will govern a decision concerning 
184.23  removal of a child's residence from this state, provided that: 
184.24     (1) both parents were represented by counsel when the 
184.25  parenting plan was approved; or 
184.26     (2) the court found the parents were fully informed, the 
184.27  agreement was voluntary, and the parents were aware of its 
184.28  implications. 
184.29     Sec. 2.  Minnesota Statutes 2004, section 518.175, 
184.30  subdivision 3, is amended to read: 
184.31     Subd. 3.  [MOVE TO ANOTHER STATE.] The parent with whom the 
184.32  child resides shall not move the residence of the child to 
184.33  another state except upon order of the court or with the consent 
184.34  of the other parent, if the other parent has been given 
184.35  parenting time by the decree.  If the purpose of the move is to 
184.36  interfere with parenting time given to the other parent by the 
185.1   decree, the court shall not permit the child's residence to be 
185.2   moved to another state.  
185.3      The court shall apply a best interests standard when 
185.4   considering the request of the parent with whom the child 
185.5   resides to move the child's residence to another state.  The 
185.6   factors the court must consider in determining the child's best 
185.7   interests include, but are not limited to, the following: 
185.8      (1) the nature, quality, extent of involvement, and 
185.9   duration of the child's relationship with the person proposing 
185.10  to relocate and with the nonrelocating person, siblings, and 
185.11  other significant persons in the child's life; 
185.12     (2) the age, developmental stage, needs of the child, and 
185.13  the likely impact the relocation will have on the child's 
185.14  physical, educational, and emotional development, taking into 
185.15  consideration any special needs of the child; 
185.16     (3) the feasibility of preserving the relationship between 
185.17  the nonrelocating person and the child through suitable 
185.18  parenting time arrangements, considering the logistics and 
185.19  financial circumstances of the parties; 
185.20     (4) the child's preference, taking into consideration the 
185.21  age and maturity of the child; 
185.22     (5) whether there is an established pattern of conduct of 
185.23  the person seeking the relocation either to promote or thwart 
185.24  the relationship of the child and the nonrelocating person; 
185.25     (6) whether the relocation of the child will enhance the 
185.26  general quality of the life for both the custodial parent 
185.27  seeking the relocation and the child including, but not limited 
185.28  to, financial or emotional benefit or educational opportunity; 
185.29     (7) the reasons of each person for seeking or opposing the 
185.30  relocation; 
185.31     (8) the effect on the safety and welfare of the child, or 
185.32  the parent requesting to move the child's residence, of domestic 
185.33  abuse, as defined in section 518B.01; and 
185.34     (9) any other factor affecting the best interests of the 
185.35  child. 
185.36     The burden of proof is upon the parent requesting to move 
186.1   the residence of the child to another state, except that if the 
186.2   court finds the existence of domestic abuse between the parents, 
186.3   the burden of proof is upon the parent opposing the move.  
186.4      Sec. 3.  Minnesota Statutes 2004, section 518.18, is 
186.5   amended to read: 
186.6      518.18 [MODIFICATION OF ORDER.] 
186.7      (a) Unless agreed to in writing by the parties, no motion 
186.8   to modify a custody order or parenting plan may be made earlier 
186.9   than one year after the date of the entry of a decree of 
186.10  dissolution or legal separation containing a provision dealing 
186.11  with custody, except in accordance with paragraph (c). 
186.12     (b) If a motion for modification has been heard, whether or 
186.13  not it was granted, unless agreed to in writing by the parties 
186.14  no subsequent motion may be filed within two years after 
186.15  disposition of the prior motion on its merits, except in 
186.16  accordance with paragraph (c). 
186.17     (c) The time limitations prescribed in paragraphs (a) and 
186.18  (b) shall not prohibit a motion to modify a custody order or 
186.19  parenting plan if the court finds that there is persistent and 
186.20  willful denial or interference with parenting time, or has 
186.21  reason to believe that the child's present environment may 
186.22  endanger the child's physical or emotional health or impair the 
186.23  child's emotional development. 
186.24     (d) If the court has jurisdiction to determine child 
186.25  custody matters, the court shall not modify a prior custody 
186.26  order or a parenting plan provision which specifies the child's 
186.27  primary residence unless it finds, upon the basis of facts, 
186.28  including unwarranted denial of, or interference with, a duly 
186.29  established parenting time schedule, that have arisen since the 
186.30  prior order or that were unknown to the court at the time of the 
186.31  prior order, that a change has occurred in the circumstances of 
186.32  the child or the parties and that the modification is necessary 
186.33  to serve the best interests of the child.  In applying these 
186.34  standards the court shall retain the custody arrangement or the 
186.35  parenting plan provision specifying the child's primary 
186.36  residence that was established by the prior order unless: 
187.1      (i) the court finds that a change in the custody 
187.2   arrangement or primary residence is in the best interests of the 
187.3   child and the parties previously agreed, in a writing approved 
187.4   by a court, to apply the best interests standard in section 
187.5   518.17 or 257.025, as applicable; and, with respect to 
187.6   agreements approved by a court on or after April 28, 2000, both 
187.7   parties were represented by counsel when the agreement was 
187.8   approved or the court found the parties were fully informed, the 
187.9   agreement was voluntary, and the parties were aware of its 
187.10  implications; 
187.11     (ii) both parties agree to the modification; 
187.12     (iii) the child has been integrated into the family of the 
187.13  petitioner with the consent of the other party; or 
187.14     (iv) the child's present environment endangers the child's 
187.15  physical or emotional health or impairs the child's emotional 
187.16  development and the harm likely to be caused by a change of 
187.17  environment is outweighed by the advantage of a change to the 
187.18  child; or 
187.19     (v) the court has denied a request of the primary custodial 
187.20  parent to move the residence of the child to another state, and 
187.21  the primary custodial parent has relocated to another state 
187.22  despite the court's order.  
187.23     In addition, a court may modify a custody order or 
187.24  parenting plan under section 631.52.  
187.25     (e) In deciding whether to modify a prior joint custody 
187.26  order, the court shall apply the standards set forth in 
187.27  paragraph (d) unless:  (1) the parties agree in writing to the 
187.28  application of a different standard, or (2) the party seeking 
187.29  the modification is asking the court for permission to move the 
187.30  residence of the child to another state. 
187.31     (f) If a parent has been granted sole physical custody of a 
187.32  minor and the child subsequently lives with the other parent, 
187.33  and temporary sole physical custody has been approved by the 
187.34  court or by a court-appointed referee, the court may suspend the 
187.35  obligor's child support obligation pending the final custody 
187.36  determination.  The court's order denying the suspension of 
188.1   child support must include a written explanation of the reasons 
188.2   why continuation of the child support obligation would be in the 
188.3   best interests of the child. 
188.4      Sec. 4.  Minnesota Statutes 2004, section 518.58, 
188.5   subdivision 4, is amended to read: 
188.6      Subd. 4.  [PENSION PLANS.] (a) The division of marital 
188.7   property that represents pension plan benefits or rights in the 
188.8   form of future pension plan payments:  
188.9      (1) is payable only to the extent of the amount of the 
188.10  pension plan benefit payable under the terms of the plan; 
188.11     (2) is not payable for a period that exceeds the time that 
188.12  pension plan benefits are payable to the pension plan benefit 
188.13  recipient; 
188.14     (3) is not payable in a lump sum amount from defined 
188.15  benefit pension plan assets attributable in any fashion to a 
188.16  spouse with the status of an active member, deferred retiree, or 
188.17  benefit recipient of a pension plan; 
188.18     (4) if the former spouse to whom the payments are to be 
188.19  made dies prior to the end of the specified payment period with 
188.20  the right to any remaining payments accruing to an estate or to 
188.21  more than one survivor, is payable only to a trustee on behalf 
188.22  of the estate or the group of survivors for subsequent 
188.23  apportionment by the trustee; and 
188.24     (5) in the case of defined benefit public pension plan 
188.25  benefits or rights, may not commence until the public plan 
188.26  member submits a valid application for a public pension plan 
188.27  benefit and the benefit becomes payable. 
188.28     (b) The individual retirement account plans established 
188.29  under chapter 354B may provide in its plan document, if 
188.30  published and made generally available, for an alternative 
188.31  marital property division or distribution of individual 
188.32  retirement account plan assets.  If an alternative division or 
188.33  distribution procedure is provided, it applies in place of 
188.34  paragraph (a), clause (5). 
188.35     Sec. 5.  Minnesota Statutes 2004, section 518.64, is 
188.36  amended by adding a subdivision to read: 
189.1      Subd. 7.  [MILITARY SERVICE.] (a) An increase or decrease 
189.2   in an obligor's income because of active military service is 
189.3   grounds for a motion for a modification of support even if the 
189.4   increase or decrease in the obligor's income would not otherwise 
189.5   qualify for modification under this section. 
189.6      (b) If an obligor who makes a motion to modify support is 
189.7   unable to appear at a proceeding because of being called into 
189.8   active duty, the court must, upon request of the obligor, stay 
189.9   further proceedings until the obligor returns from active duty 
189.10  or is able to appear by alternate means.  If the obligor chooses 
189.11  to proceed without appearing, the court may determine the 
189.12  current support obligation based upon documentary evidence of 
189.13  the obligor's income without requiring the obligor's 
189.14  appearance.  The state court administrator shall prepare a form 
189.15  to allow an obligor to request a modification without appearance.
189.16     (c) If there has been a modification under this 
189.17  subdivision, the obligor's return from active military service 
189.18  is grounds for a motion for modification of support even if the 
189.19  increase or decrease in the obligor's income would not otherwise 
189.20  qualify for a modification under this section. 
189.21     (d) An obligor whose support obligation has been modified 
189.22  under this subdivision shall notify the obligee and the public 
189.23  authority, if the public authority is providing support 
189.24  enforcement services, within 30 days of the obligor's return 
189.25  from active military service. 
189.26     (e) For purposes of this subdivision, "active military 
189.27  service" has the meaning given to the term "active service" in 
189.28  section 190.05, subdivision 5, when the obligor has been ordered 
189.29  to active military service for 30 or more days. 
189.30     Sec. 6.  [EFFECTIVE DATE.] 
189.31     Section 5 is effective the day following final enactment.