1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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.] 3.30Wherever the word"Divorce"is, as used in the statutes,it3.31 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 ofThe 3.36 definitions in this section apply to this chapter, the following4.1terms have the meanings provided in this section unless the4.2context 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 annulmentshallmust be entitled 5.6 "In re the Marriage of .......... and .......... ."A custody5.7or 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 undersections 518.002 to 518.66 shallthis chapter 5.11 and chapters 517B and 517C must be denominated a petition. A 5.12 responsive pleadingshallmust be denominated an answer. Other 5.13 pleadingsshallmust be denominated as provided in the Rules of 5.14 Civil Procedure. 5.15 Subd. 4. [DECREE; JUDGMENT.] Insections 518.002 to 518.665.16 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.] 6.3All marriages which areA marriage prohibited by section 6.4 517.03shall be absolutelyis 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 marriageshall beis 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 marriageshall6.12 is notbevoid. 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 marriageshallmust be declared a nullityunder the6.17following circumstancesif: 6.18(a)(1) a party lacked capacity to consent to the marriage 6.19 at the time the marriage was solemnized, eitherbecause of: (i) 6.20 mental incapacity or infirmityandif the other party at the 6.21 time the marriage was solemnized did not know of the incapacity; 6.22or because of(ii) the influence of alcohol, drugs, or other 6.23 incapacitating substances; orbecause(iii) consent of either 6.24wasparty having been obtained by force or fraudand there was6.25 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 annulmentshallmust be commencedand, the complaint 7.1shall befiled, and proceedings had as in proceedings for 7.2 dissolution. Upon due proof of the nullity of the marriage,it7.3shallthe marriage must be adjudged null and void. 7.4 The provisions ofsections 518.54 to 518.66this 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 marriageshallmay 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 attainedsuchthat age; nor7.16shall. The marriage ofanyan 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 aftersuchthe 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 courtshallmust 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 EFFECTOF 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 ofamarriageshallmust be grantedby a8.34county or district court whenif the court finds that there has 8.35 been an irretrievable breakdown of the marriage relationship. A 8.36decree oflegal separationshallmust be grantedwhenif 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 courtshallmust 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.] 9.14NoA dissolutionshallmust not be granted unless (1) one 9.15 of the parties has resided in this state,orhasbeen a member 9.16 of the armed services stationed in this state,fornot less than9.17 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 fornot less thanat 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 andshall beis 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 9.30spouseparty, 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 venueshall be10.1 is subject to the court's powerof the courtto change the place 10.2 of hearing by consent of the parties,or whenif it appears to 10.3 the court that an impartial hearing cannot be had in the county 10.4 where the proceedings are pending, orwhenif 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 is10.7filed.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 SOME10.36COUNTIES,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.] 11.13TheA petition for dissolution of marriage or legal 11.14 separationshallmust 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,11.29or; 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 petitionshallmust 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 petitionshallmust be served on the 12.31 respondent personally. 12.32 (b)WhenServiceismade out of this state and within the 12.33 United States, itmay be proved by the affidavit of the person 12.34 making thesameservice.WhenServiceismadewithout12.35 outside of the United Statesitmay be proved by the affidavit 12.36 of the person making thesameservice, 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 insuchthe country, includingall deputiesa deputy or other 13.6representativesrepresentative ofsuchthe officer authorized to 13.7 performtheirthe 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 countrywherein suchin which the affidavit is taken as to the 13.11 identity and authority of the officer taking thesameaffidavit. 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 courtshallmust 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 courtshallmust 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 13.32within the state ofin Minnesota, the courtshallmust order 13.33 that the summons, whichshallmust 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. Serviceshall beis 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 respondentshall havehas 30 days in which to answer 14.10 the petition. In case of service by publication, the 30 14.11 daysshalldoes 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 answershall be14.15 is required to the counterpetition and the original 14.16 petitionershall beis 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 courtshallmust 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, andshallmake 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,shallmust 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 evidencetherein. Hearings for dissolution of 15.12 marriageshallmust 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 courtshallmust 15.29 schedule the matter for hearingin any case whereif 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 support16.3 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 the16.11parties;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 performsuchadditional actsasthat will facilitate the 16.32 just and speedy disposition of the proceeding,orwillprotect 16.33 the parties or their children from physical or emotional harm. 16.34 Subd. 2. [IMPERMISSIBLE ORDERS.]NoA temporary order 16.35shallmust 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 ruleshallmust 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 protectionshallmust 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 orderwhich may includethat 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;andor 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 restrainingorders shallorder must be personally served upon 17.32 the party to be restrainedand shall be accompaniedalong 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 orderat a hearing for a temporary order.WhenIf a restraining 17.36 order has been issued, a hearing on the temporary ordershall18.1 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 ordershall continuecontinues 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 18.9shall continuecontinues 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 courtshallmust be guided 18.21 by the factors set forth in sections518.551 (concerning child18.22support),518.552 (concerning maintenance),518.17 to 518.17518.23 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 ordersshallmust 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. [TEMPORARYSUPPORT ANDMAINTENANCE.] Temporary 19.11support andmaintenance 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 courtshallmust 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,providedif it finds that: 19.20 (1)thatthe 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)thatthe party from whom fees, costs, and disbursements 19.25 are sought has the means to pay them; and 19.26 (3)thatthe 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,orout 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 paythe same20.5 them may be enforcedas above providedin 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 awardshall also survivesurvives the 20.11 proceeding and may be enforced in thesamemanneras last above20.12 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 administratorshallmust provide to any party upon request 20.23 certified copies of the certificate of dissolution. 20.24 Subd. 2. [REQUIRED INFORMATION.] The certificateshall20.25 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 dissolutionshall beis 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 continueeducating andraising the child in 22.9 the child's culture, language or languages, and religionor22.10creed, 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;and22.19 (13)except in cases in which a finding of domestic abuse22.20as 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. 22.31The court may not use one factor to the exclusion of all22.32others. The primary caretaker factor may not be used as a22.33presumption in determining the best interests of the child. The22.34court must make detailed findings on each of the factors and22.35explain how the factors led to its conclusions and to the22.36determination of the best interests of the child. 23.1 (b)The court shall not consider conduct of a proposed23.2custodian that does not affect the custodian's relationship to23.3the childIn 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 SOUGHTREBUTTABLE 23.16 PRESUMPTIONS IN CHILD CUSTODY DISPUTES.]In addition to the23.17factors listed in subdivision 1, where either joint legal or23.18joint physical custody is contemplated or sought, the court23.19shall consider the following relevant factors:23.20 (a)the ability of parents to cooperate in the rearing of23.21their 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 major23.29decision concerning the life of the child, and the parents'23.30willingness 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 one24.4parent were to have sole authority over the child's upbringing;24.5and24.6(d) whether domestic abuse, as defined in section 518B.01,24.7has occurred between the parents.24.8The court shall use a rebuttable presumption that upon24.9request of either or both parties, joint legal custody is in the24.10best 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. 24.15If the court awards joint legal or physical custody over24.16the objection of a party, the court shall make detailed findings24.17on each of the factors in this subdivision and explain how the24.18factors led to its determination that joint custody would be in24.19the 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 administratorshallmust 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 administratorshallmust 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 administratorshallmust 26.2 develop simplified forms and instructions for the summary 26.3 process. District court administratorsshallmust make the 26.4 forms for the summary process available upon request andshall26.5 must accept joint declarations for filingon and after July 1,26.61997. 26.7 Sec. 32. Minnesota Statutes 2004, section 518.24, is 26.8 amended to read: 26.9 518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 26.10In all cases whenIf maintenanceor supportpayments 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,oruponfailure to pay 26.14 the maintenanceor 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 maintenanceor supportorder. Achild26.21support ormaintenance 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.] 26.29When a dissolution has been granted, and the parties26.30afterward intermarryIf two people remarry each other after 26.31 dissolution of their prior marriage, the court, upon their joint 26.32 application,anduponsatisfactory proof ofsuchthe marriage, 26.33 may revoke all decrees and orders of dissolution, maintenance, 26.34 and subsistencewhich willthat 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 courtshallmust, if 27.5 requested by a party, change the name of that party to another 27.6 name as the party requests. The courtshallmust 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 courtshallmust 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 nameshallmust 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. [TERMSSCOPE.]For the purposes of sections27.17518.54 to 518.66, the terms definedThe definitions in this 27.18 sectionshall have the meanings respectively ascribed to27.19themapply 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" meansproperty,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 spouseshall beis 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 interestshallmust 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 inclauses (a), (b), (d),28.21and (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, militaryand28.31 or naval retirement, pensionandor disability payments. 28.32 "Income" does not include benefits received under Title IV-A of 28.33 the Social Security Actandor chapter 256Jare not income under28.34this 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 maintenanceor supportare 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 maintenanceor support.A person who is designated as the29.7sole physical custodian of a child is presumed not to be an29.8obligor for purposes of calculating current support under29.9section 518.551 unless the court makes specific written findings29.10to 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 separationshallmust clearly designate whetherthe same29.17 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 obligorshallmust 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 forsupport ormaintenance must contain a 29.34 conspicuous notice complying with section518.68, subdivision29.352517C.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,; oris the custodian of30.25 (3) if a childwhoseresides with the spouse and the 30.26 child's condition or circumstances make it appropriate that 30.27 thecustodianspouse not be required to seek employment outside 30.28 the home. 30.29 Subd. 2. [AMOUNT; DURATION.] The maintenance ordershall30.30 must be in amounts and for periodsof time, either temporary or 30.31 permanent,asthat 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 ascustodian31.3 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 seekingspousalmaintenance; 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 inThis section 31.29shallmust not be construed to favor a temporary award of 31.30 maintenance over a permanent award, whereif the factors under 31.31 subdivision 2 justify a permanent award. 31.32WhereIf there is some uncertainty as to the necessity of a 31.33 permanent award, the courtshallmust 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 awardsof spousal32.1maintenance. 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 fairand, equitable,isand 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 courtshallmust 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 courtshallmust 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 courtshallmust 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. Itshall32.31beis 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 courtshallmust 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,orunlessthe 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 a33.13marriage 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 courtshallmust 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, itshallmust make findings in support of the 34.14 apportionment. The findingsshallmust 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, 34.31shallmust 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 thatas long as the court 35.2shallfullyprotectprotects 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)TheAn individual retirement accountplansplan 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)orderpay 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 planshallmust 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 37.4shallmust 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 planshallmust 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 ofThe definitions in 37.19 this subdivision apply to this section, the following terms have37.20the 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.]EachA court of 37.33 this statethat haswith 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 actuaryshall38.2 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 actuaryshallmust 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 actuaryshallmust 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 maintenanceand temporary supportmay 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 maintenanceor support money, temporary39.1or permanent,or for the appointment of trustees to receive 39.2 property awarded as maintenanceor support money, the court may39.3from 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 ofwhich isa 39.6 motion by a party must be served on the public authority 39.7 responsible forchildsupport enforcement if payments are made 39.8 through it, or on motion of the public authority responsible for39.9support enforcement,. 39.10 (b) The court may: 39.11 (1) modify the order respecting the amount of 39.12 maintenanceor support money,and theits paymentof it,and39.13also respecting theor appropriation and payment of the 39.14 principal and income of property held in trust,; andmay39.15 (2) make an order respecting these matters which it might 39.16 have made in the original proceeding,except as herein otherwise39.17providedsubject 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 insupport or39.20 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 maintenanceor supportmay 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 partyor the child or children that are the39.28subject 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. 40.2On a motion to modify support, the needs of any child the40.3obligor has after the entry of the support order that is the40.4subject of a modification motion shall be considered as provided40.5by section 518.551, subdivision 5f.40.6(b) It is presumed that there has been a substantial change40.7in circumstances under paragraph (a) and the terms of a current40.8support order shall be rebuttably presumed to be unreasonable40.9and unfair if:40.10(1) the application of the child support guidelines in40.11section 518.551, subdivision 5, to the current circumstances of40.12the parties results in a calculated court order that is at least40.1320 percent and at least $50 per month higher or lower than the40.14current support order;40.15(2) the medical support provisions of the order established40.16under section 518.171 are not enforceable by the public40.17authority or the obligee;40.18(3) health coverage ordered under section 518.171 is not40.19available to the child for whom the order is established by the40.20parent ordered to provide; or40.21(4) the existing support obligation is in the form of a40.22statement 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 courtshallmust 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 shall40.30not consider the financial circumstances of each party's spouse,40.31if any; and40.32(2) shall not consider compensation received by a party for40.33employment in excess of a 40-hour work week, provided that the40.34party demonstrates, and the court finds, that:40.35(i) the excess employment began after entry of the existing40.36support order;41.1(ii) the excess employment is voluntary and not a condition41.2of employment;41.3(iii) the excess employment is in the nature of additional,41.4part-time employment, or overtime employment compensable by the41.5hour or fractions of an hour;41.6(iv) the party's compensation structure has not been41.7changed for the purpose of affecting a support or maintenance41.8obligation;41.9(v) in the case of an obligor, current child support41.10payments are at least equal to the guidelines amount based on41.11income not excluded under this clause; and41.12(vi) in the case of an obligor who is in arrears in child41.13support payments to the obligee, any net income from excess41.14employment must be used to pay the arrearages until the41.15arrearages are paid in full.41.16(d)(c) A modification ofsupport ormaintenance, 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. 42.12The court may provide that a reduction in the amount allocated42.13for child care expenses based on a substantial decrease in the42.14expenses 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 inunder section 518.63, all divisions 42.17 of real and personal property provided by section 518.58shall42.18beare final, and may be revoked or modified onlywhereif 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 supportmoney,42.25 or may sequester the propertyas is provided byunder 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 518.14shall governgoverns 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 MAINTENANCEOR CHILD42.34SUPPORTORDER.] 42.35 Subdivision 1. [REQUIREMENT.] (a) An order establishing, 42.36 modifying, or enforcing maintenanceor child support shallmust 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 adjustmentshallmust specify the cost-of-living 43.4 index to be applied and the date on which the cost-of-living 43.5 adjustmentshall becomebecomes 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 sectionshallmust 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 maintenanceor child support43.25 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 promulgate43.29rules for child support adjustments under this section in43.30accordance 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,sendsmust 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 noticeshall44.3 must inform the obligor of the date on which the adjustmentwill44.4becomebecomes 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 44.9child support andmaintenance 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 hearingshallmust 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 receivingchild support andmaintenance 44.20 collection services from the public authority, orforby 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 hearingshallmust 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 adjustmentshallmust be stayed 44.30 pending further order of the court. 44.31 (d) The court administratorshallmust 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 maintenanceor child supportobligation, 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 adjustmentshallmust 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 Ifchild support ormaintenance is not assigned under 45.11 section 256.741,and an obligor has overpaid achild support or45.12 maintenance obligation because of a modification or error in the 45.13 amount owed, the public authorityshallmust: 45.14 (1) apply the amount of the overpayment to reduce the 45.15 amount of anychild support ormaintenance-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 thechild45.19supportmaintenance remitted to the obligee by an amount no 45.20 greater than 20 percent of the current monthlysupport or45.21 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.] 45.26Whenever these laws requireIf 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 lieuthereofof the 45.29 order. The verified noticeshallmust 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, andshall recitethe 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 propertyas is46.1provided byunder 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 insubdivision 2. The information in the46.12notices must be concisely stated in plain language. The notices46.13must be in clearly legible print, but may not exceed two pages.46.14An order or judgment and decree without the notice remains46.15subject to all statutes. The court may waive all or part of the46.16notice required under subdivision 2 relating to parental rights46.17under section 518.17, subdivision 3, if it finds it is necessary46.18to protect the welfare of a party or childsection 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 [CUSTODYDETERMINATIONSAND 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 commencedshallmust not issue, revise, modify or amend 53.15 any order, pursuant tosections 518.131, 518.165, 518.168,53.16518.17, 518.175 or 518.18, whichsection 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 matterpursuant to the provisions of53.20 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 statewhich53.25 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)whereif a decree of dissolution or legal separation 53.30 has been entered or where none is sought, orwhenif 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 proceedingshallmust 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.]By54.9January 1, 1998,The chief judge of each judicial district or a 54.10 designeeshallmust 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 designeeshallmust 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 childshallmust 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 programshallmust 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 courtshallmust not require the 55.21 parties to attend the same parent education sessions andshall55.22 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. Instructorsshallmust 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 programshallmust 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 courtshallmust 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 litemshallmust 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, the56.28court shall appoint a guardian ad litem. The guardian ad litem 56.29shallmust 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 litemshallmust 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 courtshallmust 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 payingshallmust be borne by 57.35 the state courts. The costs of court-appointed counsel to the 57.36 guardian ad litemshallmust 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 Districtshallmust 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 financeshall58.12 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 preferenceas to custodianregarding 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 courtshallmust permit counsel to be present at the interview 58.28 andshallmust permit counsel to propound reasonable questions 58.29 to the child either directly or through the court. The 58.30 courtshallmust 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 recommendationsgiven shallmust be in writing and 59.2shallmust 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 courtshallmust 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 investigatorshallmust 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.The59.16investigator and any person the investigator has consulted is59.17subject to other pretrial discovery in accordance with the59.18requirements of the Minnesota Rules of Civil Procedure.59.19Mediation proceedings are not subject to discovery without59.20written consent of both parties. A party to the proceeding may59.21call the investigator and any person whom the investigator has59.22consulted for cross-examination at the hearing. A party may not59.23waive 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 ATDISCOVERY; 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 courtshallmust 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 thecounty welfarelocal 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 proceedingsshallmust 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 juryshallmust 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 bekept60.30secretdisclosed, 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 thatif 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 courtshall61.19 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 thatif: 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 undersection 518.551sections 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 that62.33 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 courtshallmust, upon the request of either 63.12 parent, grantsuchparenting time on behalf of the child and a 63.13 parentasthat 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 courtshallmust 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 courtshall63.22 must consider the age of the child and the child's relationship 63.23 with the parentprior tobefore 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 soshallis notbesufficient 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 administratorshallmust provide a form 64.2 for a pro se motion regarding parenting time disputes, 64.3 whichincludesmust 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 courtshallmust 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 residesor 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,shall64.19 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 64.28thereofof it. The parent with whom the child residesshall64.29 must present the child for parenting time with the other parent, 64.30 atsuchthe timesasthe court directs. 64.31 Subd. 3. [MOVE TO ANOTHER STATE.] The parent with whom the 64.32 child residesshallmust not move the child's residenceof the64.33childto 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 courtshallmust 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 courtshallmust 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 courtshallmust 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 subdivision1a2, 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 courtshallmust 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 apersonparent has been 65.34 deprived of court-ordered parenting time, the courtshallmust 65.35 order the parent whohas interferedcaused the deprivation to 65.36 allow compensatory parenting time to the other parent or the 66.1 courtshallmust 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 orderor, 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 67.4PARENT.] 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 courtshallmust 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 shall68.5attempt to resolve a parenting time dispute by facilitating68.6negotiations between the parties to promote settlement and, if68.7it becomes apparent that the dispute cannot be resolved by an68.8agreement of the parties, the parenting time expeditor shall68.9make 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 courtby 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 68.21shallmust review the agreement of the parties. 68.22 (b) If the parties cannot agree on a parenting time 68.23 expeditor, the courtshallmust provideto the partiesthem 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 courtshallmust select the 68.29parenting timeexpeditor and, in its discretion, may appoint one 68.30 expeditor or a team of twoexpeditors. 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 asparenting timeexpeditors. 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 assistanceof the69.8expeditor, 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 toBefore appointing the parenting 69.14 time expeditor, the courtshallmust give the parties notice 69.15 that the expeditor's feesof the expeditorwill be apportioned 69.16 among the parties. In its order appointing the expeditor, the 69.17 courtshallmust apportion the expeditor's feesof the expeditor69.18 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 notaan existing court 69.22 orderthat provides for apportionment ofapportioning the fees 69.23 of an expeditor, the court administrator may require the party 69.24 requestingtheappointment of an expeditor to pay the 69.25 expeditor's feesof the expeditorin advance. Neither party may 69.26 be required to submit a dispute toa visitationan expeditor if 69.27 the party cannot afford to payforthe feesof an expeditorand 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.]EachThe 70.2 court administratorshallmust maintain and make available 70.3 to judicial officers and the publicand judicial officersa 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 administratorshallmust 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 ofa parenting70.10timean 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 appointa person to serveas an 70.14 expeditoreven if thea 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 individualshallmust 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 individualshallmust 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. Tomaintain one's listing70.31 remain listed on a court administrator's roster of parenting 70.32 time expeditors, an individualshallmust 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 expeditorshallmust meet with the parties 71.5 together or separately andshallmake a diligent effort to 71.6 facilitate an agreement to resolve the dispute. If a parenting 71.7 time dispute requires immediate resolution, theparenting time71.8 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 71.14shallmust 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 expeditorshall71.23not loseretains 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 expeditorshallmust 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 expeditorshallmust 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 andshallmust 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.] 72.10In all proceedingsDuring a proceeding for dissolution or 72.11 legal separation,after the commencement of the proceedingor at 72.12 any time after completion of the proceedings, and continuing 72.13 during the child's minorityof the child, the court may make an 72.14 order granting visitation rights to grandparentsunderand 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.] 72.19Subdivision 1. [LIMITS ON PARENT'S AUTHORITY; HEARING.]72.20Except as otherwise agreed by the parties in writing at the time72.21of 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. 72.32Subd. 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 PARENTAL73.8RIGHTS LAWREQUIRED NOTICE.] 73.9EveryA court order and judgment and decree concerning 73.10 custody of or parenting time or visitation with a minor child 73.11shallmust contain the notice set out in section518.68517C.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 courtshallmust conduct a 73.17 hearing to review compliance with the parenting time and child 73.18 support provisionsset forthin 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 administratorshallmust prepare, and each court 73.22 administratorshallmust 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 undersections 518.175 and 518.1751this 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,ifa person seeking child custody or parenting time who 73.33 has been convicted of a crime described in subdivision 2, the73.34person seeking custody or parenting timehas 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 parties74.24 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)shalldo 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 theA court that has jurisdiction to determine child 74.36 custody matters, the court shallmust not modify a prior custody 75.1 order or a parenting plan provisionwhichthat specifies the 75.2 child's primary residence unless it finds, upon the basis of75.3facts, including unwarranted denial of, or interference with, a75.4duly established parenting time schedule, that have arisen since75.5the prior order or that were unknown to the court at the time of75.6the 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 courtshallmust 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. 75.35In 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 courtshallmust 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 a76.10minor and the child subsequently lives with the other parent,76.11and temporary sole physical custody has been approved by the76.12court or by a court-appointed referee,76.13 (g) The court may suspend the obligor's child support 76.14 obligation pendingthea 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. 76.20The court'sA 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.] 76.33Failure by a party to make support payments is not a76.34defense to:76.35(1) interference with parenting time; or76.36(2) without the permission of the court or the other77.1parent, removing a child from this state.77.2Interference with parenting time or taking a child from77.3this state without permission of the court or the other parent77.4is not a defense to nonpayment of support. If a party fails to77.5make support payments, interferes with parenting time, or77.6removes a child from the state without permission of the court77.7or the other parent, the other party may petition the court for77.8an 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 ORVISITATIONPARENTING 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 77.30thechild custodyof a childthat 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 issueprior tobefore, concurrent with, orsubsequent to the77.35 after settingofthe matter for hearing. The purpose of the 77.36 mediation proceeding is to reduce acrimonywhichthat may exist 78.1 between the parties and to develop an agreement that is 78.2 supportive of the child's best interests. The mediatorshall78.3 must use best efforts to effect a settlement of the custody or 78.4 parenting time dispute, butshall havehas 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 bythe othera 78.8 party, the courtshallmust 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 mattersshallmust 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 78.33shallmust be conducted in private. All records of a mediation 78.34 proceedingshall beare 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 mediationshallmust 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 courtshallmust adopt rules to 79.25 implement this section, andshallmust 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 plan184.21the 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;or187.14 (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.