2nd 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; increasing fees related to 1.3 marriage and child support; reforming law relating to 1.4 child support; establishing criteria for support 1.5 obligations; defining parents' rights and 1.6 responsibilities; appropriating money; amending 1.7 Minnesota Statutes 2004, sections 357.021, 1.8 subdivisions 1a, 2; 518.005, by adding a subdivision; 1.9 518.54, subdivisions 7, 8; 518.55, subdivision 4; 1.10 518.551, subdivisions 5, 5b; 518.62; 518.64, 1.11 subdivision 2, by adding subdivisions; 518.68, 1.12 subdivision 2; proposing coding for new law in 1.13 Minnesota Statutes, chapter 518; repealing Minnesota 1.14 Statutes 2004, sections 518.171; 518.54, subdivisions 1.15 2, 4, 4a; 518.551, subdivisions 1, 5a, 5c, 5f. 1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.17 Section 1. Minnesota Statutes 2004, section 357.021, 1.18 subdivision 1a, is amended to read: 1.19 Subd. 1a. [TRANSMITTAL OF FEES TO COMMISSIONER OF 1.20 FINANCE.] (a) Every person, including the state of Minnesota and 1.21 all bodies politic and corporate, who shall transact any 1.22 business in the district court, shall pay to the court 1.23 administrator of said court the sundry fees prescribed in 1.24 subdivision 2. Except as provided in paragraph (d), the court 1.25 administrator shall transmit the fees monthly to the 1.26 commissioner of finance for deposit in the state treasury and 1.27 credit to the general fund. 1.28 (b) In a county which has a screener-collector position, 1.29 fees paid by a county pursuant to this subdivision shall be 1.30 transmitted monthly to the county treasurer, who shall apply the 2.1 fees first to reimburse the county for the amount of the salary 2.2 paid for the screener-collector position. The balance of the 2.3 fees collected shall then be forwarded to the commissioner of 2.4 finance for deposit in the state treasury and credited to the 2.5 general fund. In a county in a judicial district under section 2.6 480.181, subdivision 1, paragraph (b), which has a 2.7 screener-collector position, the fees paid by a county shall be 2.8 transmitted monthly to the commissioner of finance for deposit 2.9 in the state treasury and credited to the general fund. A 2.10 screener-collector position for purposes of this paragraph is an 2.11 employee whose function is to increase the collection of fines 2.12 and to review the incomes of potential clients of the public 2.13 defender, in order to verify eligibility for that service. 2.14 (c) No fee is required under this section from the public 2.15 authority or the party the public authority represents in an 2.16 action for: 2.17 (1) child support enforcement or modification, medical 2.18 assistance enforcement, or establishment of parentage in the 2.19 district court, or in a proceeding under section 484.702; 2.20 (2) civil commitment under chapter 253B; 2.21 (3) the appointment of a public conservator or public 2.22 guardian or any other action under chapters 252A and 525; 2.23 (4) wrongfully obtaining public assistance under section 2.24 256.98 or 256D.07, or recovery of overpayments of public 2.25 assistance; 2.26 (5) court relief under chapter 260; 2.27 (6) forfeiture of property under sections 169A.63 and 2.28 609.531 to 609.5317; 2.29 (7) recovery of amounts issued by political subdivisions or 2.30 public institutions under sections 246.52, 252.27, 256.045, 2.31 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331, 2.32 and 260C.331, or other sections referring to other forms of 2.33 public assistance; 2.34 (8) restitution under section 611A.04; or 2.35 (9) actions seeking monetary relief in favor of the state 2.36 pursuant to section 16D.14, subdivision 5. 3.1 (d)The fees$20 from each fee collected for child support 3.2 modifications under subdivision 2, clause (13), must be 3.3 transmitted to the county treasurer for deposit in the county 3.4 general fund and $35 from each fee shall be credited to the 3.5 state general fund. The fees must be used by the county to pay 3.6 for child support enforcement efforts by county attorneys. 3.7 Sec. 2. Minnesota Statutes 2004, section 357.021, 3.8 subdivision 2, is amended to read: 3.9 Subd. 2. [FEE AMOUNTS.] The fees to be charged and 3.10 collected by the court administrator shall be as follows: 3.11 (1) In every civil action or proceeding in said court, 3.12 including any case arising under the tax laws of the state that 3.13 could be transferred or appealed to the Tax Court, the 3.14 plaintiff, petitioner, or other moving party shall pay, when the 3.15 first paper is filed for that party in said action, a fee of 3.16 $235. 3.17 The defendant or other adverse or intervening party, or any 3.18 one or more of several defendants or other adverse or 3.19 intervening parties appearing separately from the others, shall 3.20 pay, when the first paper is filed for that party in said 3.21 action, a fee of $235. 3.22 The party requesting a trial by jury shall pay $75. 3.23 The fees above stated shall be the full trial fee 3.24 chargeable to said parties irrespective of whether trial be to 3.25 the court alone, to the court and jury, or disposed of without 3.26 trial, and shall include the entry of judgment in the action, 3.27 but does not include copies or certified copies of any papers so 3.28 filed or proceedings under chapter 103E, except the provisions 3.29 therein as to appeals. 3.30 (2) Certified copy of any instrument from a civil or 3.31 criminal proceeding, $10, and $5 for an uncertified copy. 3.32 (3) Issuing a subpoena, $12 for each name. 3.33 (4) Filing a motion or response to a motion in civil, 3.34 family, excluding child support, and guardianship cases, $55. 3.35 (5) Issuing an execution and filing the return thereof; 3.36 issuing a writ of attachment, injunction, habeas corpus, 4.1 mandamus, quo warranto, certiorari, or other writs not 4.2 specifically mentioned, $40. 4.3 (6) Issuing a transcript of judgment, or for filing and 4.4 docketing a transcript of judgment from another court, $30. 4.5 (7) Filing and entering a satisfaction of judgment, partial 4.6 satisfaction, or assignment of judgment, $5. 4.7 (8) Certificate as to existence or nonexistence of 4.8 judgments docketed, $5 for each name certified to. 4.9 (9) Filing and indexing trade name; or recording basic 4.10 science certificate; or recording certificate of physicians, 4.11 osteopaths, chiropractors, veterinarians, or optometrists, $5. 4.12 (10) For the filing of each partial, final, or annual 4.13 account in all trusteeships, $40. 4.14 (11) For the deposit of a will, $20. 4.15 (12) For recording notary commission, $100, of which, 4.16 notwithstanding subdivision 1a, paragraph (b), $80 must be 4.17 forwarded to the commissioner of finance to be deposited in the 4.18 state treasury and credited to the general fund. 4.19 (13) Filing a motion or response to a motion for 4.20 modification of child support, a feefixed by rule or order of4.21the Supreme Courtof $55. 4.22 (14) All other services required by law for which no fee is 4.23 provided, such fee as compares favorably with those herein 4.24 provided, or such as may be fixed by rule or order of the court. 4.25 (15) In addition to any other filing fees under this 4.26 chapter, a surcharge in the amount of $75 must be assessed in 4.27 accordance with section 259.52, subdivision 14, for each 4.28 adoption petition filed in district court to fund the fathers' 4.29 adoption registry under section 259.52. 4.30 The fees in clauses (3) and (5) need not be paid by a 4.31 public authority or the party the public authority represents. 4.32 Sec. 3. Minnesota Statutes 2004, section 518.005, is 4.33 amended by adding a subdivision to read: 4.34 Subd. 6. [FILING FEE.] The initial pleading filed in all 4.35 proceedings for dissolution of marriage, legal separation, or 4.36 annulment or proceedings to establish child support obligations 5.1 shall be accompanied by a filing fee of $50. The fee is in 5.2 addition to any other prescribed by law or rule. 5.3 Sec. 4. Minnesota Statutes 2004, section 518.54, 5.4 subdivision 7, is amended to read: 5.5 Subd. 7. [OBLIGEE.] "Obligee" means a person to whom 5.6 payments for maintenanceor supportare owed. 5.7 Sec. 5. Minnesota Statutes 2004, section 518.54, 5.8 subdivision 8, is amended to read: 5.9 Subd. 8. [OBLIGOR.] "Obligor" means a personobligated5.10 ordered to pay maintenance or child support. A person who is 5.11 designated as the sole physical custodian of a child is presumed 5.12 not to be an obligor for purposes of calculating current support 5.13under section 518.551unless the court makes specific written 5.14 findings to overcome this presumption. For purposes of ordering 5.15 medical support under section 518.719, a custodial parent may be 5.16 an obligor subject to a cost-of-living adjustment under section 5.17 518.641 and a payment agreement under section 518.553. 5.18 Sec. 6. Minnesota Statutes 2004, section 518.55, 5.19 subdivision 4, is amended to read: 5.20 Subd. 4. [DETERMINATION OF CONTROLLING ORDER.] The public 5.21 authority or a party may request the district court to determine 5.22 a controlling order in situations in which more than one order 5.23 involving the same obligor and child exists. The court shall 5.24 presume that the latest order that involves the same obligor and 5.25 joint child is controlling, subject to contrary proof. 5.26 Sec. 7. Minnesota Statutes 2004, section 518.551, 5.27 subdivision 5, is amended to read: 5.28 Subd. 5. [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.](a)The 5.29 petitioner shall notify the public authority of all proceedings 5.30 for dissolution, legal separation, determination of parentage or 5.31 for the custody of a child, if either party is receiving public 5.32 assistance or applies for it subsequent to the commencement of 5.33 the proceeding. The notice must contain the full names of the 5.34 parties to the proceeding, their Social Security account 5.35 numbers, and their birth dates. After receipt of the notice, 5.36 the court shall set child support as provided inthis6.1subdivisionsection 518.725. The court may order either or both 6.2 parents owing a duty of support to a child of the marriage to 6.3 pay an amount reasonable or necessary for the child's support, 6.4 without regard to marital misconduct. The court shall approve a 6.5 child support stipulation of the parties if each party is 6.6 represented by independent counsel, unless the stipulation does 6.7 not meet the conditions of paragraph(i)(b). In other cases 6.8 the court shall determine and order child support in a specific 6.9 dollar amount in accordance with the guidelines and the other 6.10 factors set forth inparagraph (c)section 518.714 and any 6.11 departure therefrom. The court may also order the obligor to 6.12 pay child support in the form of a percentage share of the 6.13 obligor's net bonuses, commissions, or other forms of 6.14 compensation, in addition to, or if the obligor receives no base 6.15 pay, in lieu of, an order for a specific dollar amount. 6.16(b) The court shall derive a specific dollar amount for6.17child support by multiplying the obligor's net income by the6.18percentage indicated by the following guidelines:6.19Net Income Per Number of Children6.20Month of Obligor6.211 2 3 4 5 6 7 or6.22more6.23$550 and Below Order based on the ability of the6.24obligor to provide support6.25at these income levels, or at higher6.26levels, if the obligor has6.27the earning ability.6.28$551 - 600 16% 19% 22% 25% 28% 30% 32%6.29$601 - 650 17% 21% 24% 27% 29% 32% 34%6.30$651 - 700 18% 22% 25% 28% 31% 34% 36%6.31$701 - 750 19% 23% 27% 30% 33% 36% 38%6.32$751 - 800 20% 24% 28% 31% 35% 38% 40%6.33$801 - 850 21% 25% 29% 33% 36% 40% 42%6.34$851 - 900 22% 27% 31% 34% 38% 41% 44%6.35$901 - 950 23% 28% 32% 36% 40% 43% 46%6.36$951 - 1000 24% 29% 34% 38% 41% 45% 48%7.1$1001- 5000 25% 30% 35% 39% 43% 47% 50%7.2or the amount7.3in effect under7.4paragraph (k)7.5Guidelines for support for an obligor with a monthly income7.6in excess of the income limit currently in effect under7.7paragraph (k) shall be the same dollar amounts as provided for7.8in the guidelines for an obligor with a monthly income equal to7.9the limit in effect.7.10Net Income defined as:7.117.12Total monthly7.13income less *(i) Federal Income Tax7.14*(ii) State Income Tax7.15(iii) Social Security7.16Deductions7.17(iv) Reasonable7.18Pension Deductions7.19*Standard7.20Deductions apply- (v) Union Dues7.21use of tax tables (vi) Cost of Dependent Health7.22recommended Insurance Coverage7.23(vii) Cost of Individual or Group7.24Health/Hospitalization7.25Coverage or an7.26Amount for Actual7.27Medical Expenses7.28(viii) A Child Support or7.29Maintenance Order that is7.30Currently Being Paid.7.31"Net income" does not include:7.32(1) the income of the obligor's spouse, but does include7.33in-kind payments received by the obligor in the course of7.34employment, self-employment, or operation of a business if the7.35payments reduce the obligor's living expenses; or7.36(2) compensation received by a party for employment in8.1excess of a 40-hour work week, provided that:8.2(i) support is nonetheless ordered in an amount at least8.3equal to the guidelines amount based on income not excluded8.4under this clause; and8.5(ii) the party demonstrates, and the court finds, that:8.6(A) the excess employment began after the filing of the8.7petition for dissolution;8.8(B) the excess employment reflects an increase in the work8.9schedule or hours worked over that of the two years immediately8.10preceding the filing of the petition;8.11(C) the excess employment is voluntary and not a condition8.12of employment;8.13(D) the excess employment is in the nature of additional,8.14part-time or overtime employment compensable by the hour or8.15fraction of an hour; and8.16(E) the party's compensation structure has not been changed8.17for the purpose of affecting a support or maintenance obligation.8.18The court shall review the work-related and8.19education-related child care costs paid and shall allocate the8.20costs to each parent in proportion to each parent's net income,8.21as determined under this subdivision, after the transfer of8.22child support and spousal maintenance, unless the allocation8.23would be substantially unfair to either parent. There is a8.24presumption of substantial unfairness if after the sum total of8.25child support, spousal maintenance, and child care costs is8.26subtracted from the obligor's income, the income is at or below8.27100 percent of the federal poverty guidelines. The cost of8.28child care for purposes of this paragraph is 75 percent of the8.29actual cost paid for child care, to reflect the approximate8.30value of state and federal tax credits available to the8.31obligee. The actual cost paid for child care is the total8.32amount received by the child care provider for the child or8.33children of the obligor from the obligee or any public agency.8.34The court shall require verification of employment or school8.35attendance and documentation of child care expenses from the8.36obligee and the public agency, if applicable. If child care9.1expenses fluctuate during the year because of seasonal9.2employment or school attendance of the obligee or extended9.3periods of parenting time with the obligor, the court shall9.4determine child care expenses based on an average monthly cost.9.5The amount allocated for child care expenses is considered child9.6support but is not subject to a cost-of-living adjustment under9.7section 518.641. The amount allocated for child care expenses9.8terminates when either party notifies the public authority that9.9the child care costs have ended and without any legal action on9.10the part of either party. The public authority shall verify the9.11information received under this provision before authorizing9.12termination. The termination is effective as of the date of the9.13notification. In other cases where there is a substantial9.14increase or decrease in child care expenses, the parties may9.15modify the order under section 518.64.9.16The court may allow the obligor parent to care for the9.17child while the obligee parent is working, as provided in9.18section 518.175, subdivision 8, but this is not a reason to9.19deviate from the guidelines.9.20(c) In addition to the child support guidelines, the court9.21shall take into consideration the following factors in setting9.22or modifying child support or in determining whether to deviate9.23from the guidelines:9.24(1) all earnings, income, and resources of the parents,9.25including real and personal property, but excluding income from9.26excess employment of the obligor or obligee that meets the9.27criteria of paragraph (b), clause (2)(ii);9.28(2) the financial needs and resources, physical and9.29emotional condition, and educational needs of the child or9.30children to be supported;9.31(3) the standard of living the child would have enjoyed had9.32the marriage not been dissolved, but recognizing that the9.33parents now have separate households;9.34(4) which parent receives the income taxation dependency9.35exemption and what financial benefit the parent receives from9.36it;10.1(5) the parents' debts as provided in paragraph (d); and10.2(6) the obligor's receipt of public assistance under the10.3AFDC program formerly codified under sections 256.72 to 256.8210.4or 256B.01 to 256B.40 and chapter 256J or 256K.10.5(d) In establishing or modifying a support obligation, the10.6court may consider debts owed to private creditors, but only if:10.7(1) the right to support has not been assigned under10.8section 256.741;10.9(2) the court determines that the debt was reasonably10.10incurred for necessary support of the child or parent or for the10.11necessary generation of income. If the debt was incurred for10.12the necessary generation of income, the court shall consider10.13only the amount of debt that is essential to the continuing10.14generation of income; and10.15(3) the party requesting a departure produces a sworn10.16schedule of the debts, with supporting documentation, showing10.17goods or services purchased, the recipient of them, the amount10.18of the original debt, the outstanding balance, the monthly10.19payment, and the number of months until the debt will be fully10.20paid.10.21(e) Any schedule prepared under paragraph (d), clause (3),10.22shall contain a statement that the debt will be fully paid after10.23the number of months shown in the schedule, barring emergencies10.24beyond the party's control.10.25(f) Any further departure below the guidelines that is10.26based on a consideration of debts owed to private creditors10.27shall not exceed 18 months in duration, after which the support10.28shall increase automatically to the level ordered by the court.10.29Nothing in this section shall be construed to prohibit one or10.30more step increases in support to reflect debt retirement during10.31the 18-month period.10.32(g) If payment of debt is ordered pursuant to this section,10.33the payment shall be ordered to be in the nature of child10.34support.10.35(h) Nothing shall preclude the court from receiving10.36evidence on the above factors to determine if the guidelines11.1should be exceeded or modified in a particular case.11.2(i) The guidelines in this subdivision are a rebuttable11.3presumption and shall be used in all cases when establishing or11.4modifying child support. If the court does not deviate from the11.5guidelines, the court shall make written findings concerning the11.6amount of the obligor's income used as the basis for the11.7guidelines calculation and any other significant evidentiary11.8factors affecting the determination of child support. If the11.9court deviates from the guidelines, the court shall make written11.10findings giving the amount of support calculated under the11.11guidelines, the reasons for the deviation, and shall11.12specifically address the criteria in paragraph (c) and how the11.13deviation serves the best interest of the child. The court may11.14deviate from the guidelines if both parties agree and the court11.15makes written findings that it is in the best interests of the11.16child, except that in cases where child support payments are11.17assigned to the public agency under section 256.741, the court11.18may deviate downward only as provided in paragraph (j). Nothing11.19in this paragraph prohibits the court from deviating in other11.20cases. The provisions of this paragraph apply whether or not11.21the parties are each represented by independent counsel and have11.22entered into a written agreement. The court shall review11.23stipulations presented to it for conformity to the guidelines11.24and the court is not required to conduct a hearing, but the11.25parties shall provide the documentation of earnings required11.26under subdivision 5b.11.27(j) If the child support payments are assigned to the11.28public agency under section 256.741, the court may not deviate11.29downward from the child support guidelines unless the court11.30specifically finds that the failure to deviate downward would11.31impose an extreme hardship on the obligor.11.32(k) The dollar amount of the income limit for application11.33of the guidelines must be adjusted on July 1 of every11.34even-numbered year to reflect cost-of-living changes. The11.35Supreme Court shall select the index for the adjustment from the11.36indices listed in section 518.641. The state court12.1administrator shall make the changes in the dollar amount12.2required by this paragraph available to courts and the public on12.3or before April 30 of the year in which the amount is to change.12.4(l) In establishing or modifying child support, if a child12.5receives a child's insurance benefit under United States Code,12.6title 42, section 402, because the obligor is entitled to old12.7age or disability insurance benefits, the amount of support12.8ordered shall be offset by the amount of the child's benefit.12.9The court shall make findings regarding the obligor's income12.10from all sources, the child support amount calculated under this12.11section, the amount of the child's benefit, and the obligor's12.12child support obligation. Any benefit received by the child in12.13a given month in excess of the child support obligation shall12.14not be treated as an arrearage payment or a future payment.12.15 Sec. 8. Minnesota Statutes 2004, section 518.551, 12.16 subdivision 5b, is amended to read: 12.17 Subd. 5b. [DETERMINATION OF INCOME.] (a)The parties shall12.18timely serve and file documentation of earnings and income. When12.19there is a prehearing conference, the court must receive the12.20documentation of income at least ten days prior to the12.21prehearing conference. Documentation of earnings and income12.22also includes, but is not limited to, pay stubs for the most12.23recent three months, employer statements, or statement of12.24receipts and expenses if self-employed. Documentation of12.25earnings and income also includes copies of each parent's most12.26recent federal tax returns, including W-2 forms, 1099 forms,12.27unemployment benefits statements, workers' compensation12.28statements, and all other documents evidencing income as12.29received that provide verification of income over a longer12.30periodIn any case where the parties have joint children for 12.31 which a child support order must be determined, the parties 12.32 shall serve and file with their initial pleadings or motion 12.33 documents, a financial affidavit, disclosing all sources of 12.34 gross income and other information sufficient to calculate gross 12.35 income and adjusted gross income. The financial affidavit shall 12.36 include supporting documentation for all adjusted gross income, 13.1 including, but not limited to, pay stubs for the most recent 13.2 three months, employer statements, or statements of receipts and 13.3 expenses if self-employed. Documentation of earnings and income 13.4 also include copies of each parent's most recent federal tax 13.5 returns, including W-2 forms, 1099 forms, unemployment benefit 13.6 statements, workers' compensation statements, and all other 13.7 documents evidencing earnings or income as received that provide 13.8 verification for the financial affidavit. 13.9 (b) In addition to the requirements of paragraph (a), at 13.10 any time after an action seeking child support has been 13.11 commenced or when a child support order is in effect, a party or 13.12 the public authority may require the other party to give them a 13.13 copy of the party's most recent federal tax returns that were 13.14 filed with the Internal Revenue Service. The party shall 13.15 provide a copy of the tax returns within 30 days of receipt of 13.16 the request unless the request is not made in good faith. A 13.17 request under this paragraph may not be made more than once 13.18 every two years, in the absence of good cause. 13.19 (c) If a parent under the jurisdiction of the court does 13.20 notappear at a court hearing after proper notice of the time13.21and place of the hearingserve and file the financial affidavit 13.22 with the parent's initial pleading, the court shall set income 13.23 for that parent based on credible evidence before the court or 13.24 in accordance withparagraph (d)section 518.712, subdivision 19. 13.25 Credible evidence may include documentation of current or recent 13.26 income, testimony of the other parent concerning recent earnings 13.27 and income levels, and the parent's wage reports filed with the 13.28 Minnesota Department of Employment and Economic Development 13.29 under section 268.044. 13.30(d) If the court finds that a parent is voluntarily13.31unemployed or underemployed or was voluntarily unemployed or13.32underemployed during the period for which past support is being13.33sought, support shall be calculated based on a determination of13.34imputed income. A parent is not considered voluntarily13.35unemployed or underemployed upon a showing by the parent that13.36the unemployment or underemployment: (1) is temporary and will14.1ultimately lead to an increase in income; or (2) represents a14.2bona fide career change that outweighs the adverse effect of14.3that parent's diminished income on the child. Imputed income14.4means the estimated earning ability of a parent based on the14.5parent's prior earnings history, education, and job skills, and14.6on availability of jobs within the community for an individual14.7with the parent's qualifications.14.8(e) If there is insufficient information to determine14.9actual income or to impute income pursuant to paragraph (d), the14.10court may calculate support based on full-time employment of 4014.11hours per week at 150 percent of the federal minimum wage or the14.12Minnesota minimum wage, whichever is higher. If a parent is a14.13recipient of public assistance under section 256.741, or is14.14physically or mentally incapacitated, it shall be presumed that14.15the parent is not voluntarily unemployed or underemployed.14.16(f) Income from self employment is equal to gross receipts14.17minus ordinary and necessary expenses. Ordinary and necessary14.18expenses do not include amounts allowed by the Internal Revenue14.19Service for accelerated depreciation expenses or investment tax14.20credits or any other business expenses determined by the court14.21to be inappropriate for determining income for purposes of child14.22support. The person seeking to deduct an expense, including14.23depreciation, has the burden of proving, if challenged, that the14.24expense is ordinary and necessary. Net income under this14.25section may be different from taxable income.14.26 Sec. 9. [518.6197] [CHILD SUPPORT DEBT/ARREARAGE 14.27 MANAGEMENT.] 14.28 In order to reduce and otherwise manage support debts and 14.29 arrearages, the parties, including the public authority where 14.30 arrearages have been assigned to the public authority, may 14.31 compromise unpaid support debts or arrearages owed by one party 14.32 to another, whether or not docketed as a judgment. A party may 14.33 agree or disagree to compromise only those debts or arrearages 14.34 owed to that party. 14.35 Sec. 10. Minnesota Statutes 2004, section 518.62, is 14.36 amended to read: 15.1 518.62 [TEMPORARY MAINTENANCE.] 15.2 Temporary maintenanceand temporary supportmay be awarded 15.3 as provided in section 518.131. The court may also award to 15.4 either party to the proceeding, having due regard to all the 15.5 circumstances and the party awarded the custody of the children, 15.6 the right to the exclusive use of the household goods and 15.7 furniture of the parties pending the proceeding and the right to 15.8 the use of the homestead of the parties, exclusive or otherwise, 15.9 pending the proceeding. The court may order either party to 15.10 remove from the homestead of the parties upon proper application 15.11 to the court for an order pending the proceeding. 15.12 Sec. 11. Minnesota Statutes 2004, section 518.64, 15.13 subdivision 2, is amended to read: 15.14 Subd. 2. [MODIFICATION.] (a) The terms of an order 15.15 respecting maintenance or support may be modified upon a showing 15.16 of one or more of the following: (1) substantially increased or 15.17 decreasedearnings of a partygross income of an obligor or 15.18 obligee; (2) substantially increased or decreased need ofa15.19partyan obligor or obligee or the child or children that are 15.20 the subject of these proceedings; (3) receipt of assistance 15.21 under the AFDC program formerly codified under sections 256.72 15.22 to 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 15.23 change in the cost of living for either party as measured by the 15.24 Federal Bureau of Labor Statistics, any of which makes the terms 15.25 unreasonable and unfair; (5) extraordinary medical expenses of 15.26 the child not provided for under section 518.171;or(6) the 15.27 addition of work-related or education-related child care 15.28 expenses of the obligee or a substantial increase or decrease in 15.29 existing work-related or education-related child care expenses; 15.30 (7) upon the emancipation of the child if there is still a child 15.31 under the order. A child support obligation for two or more 15.32 children that is not a support obligation in a specific amount 15.33 per child continues in the full amount until modified or until 15.34 the emancipation of the last child that the order was made. 15.35On a motion to modify support, the needs of any child the15.36obligor has after the entry of the support order that is the16.1subject of a modification motion shall be considered as provided16.2by section 518.551, subdivision 5f.16.3 (b) It is presumed that there has been a substantial change 16.4 in circumstances under paragraph (a) and the terms of a current 16.5 support order shall be rebuttably presumed to be unreasonable 16.6 and unfair if: 16.7 (1) the application of the child support guidelines in 16.8 section 518.551, subdivision 5, to the current circumstances of 16.9 the parties results in a calculated court order that is at least 16.10 20 percent and at least$50$75 per month higher or lower than 16.11 the current support order; 16.12 (2) the medical support provisions of the order established 16.13 under section518.171518.719 are not enforceable by the public 16.14 authority or the obligee; 16.15 (3) health coverage ordered under section518.171518.719 16.16 is not available to the child for whom the order is established 16.17 by the parent ordered to provide; or 16.18 (4) the existing support obligation is in the form of a 16.19 statement of percentage and not a specific dollar amount. 16.20 (c) A child support order is not presumptively modifiable 16.21 solely because an obligor or obligee becomes responsible for the 16.22 support of an additional nonjoint child, which is born after an 16.23 existing order. 16.24 (d) On a motion for modification of maintenance, including 16.25 a motion for the extension of the duration of a maintenance 16.26 award, the court shall apply, in addition to all other relevant 16.27 factors, the factors for an award of maintenance under section 16.28 518.552 that exist at the time of the motion. On a motion for 16.29 modification of support, the court: 16.30 (1) shall apply section518.551, subdivision 5518.725, and 16.31 shall not consider the financial circumstances of each party's 16.32 spouse, if any; and 16.33 (2) shall not consider compensation received by a party for 16.34 employment in excess of a 40-hour work week, provided that the 16.35 party demonstrates, and the court finds, that: 16.36 (i) the excess employment began after entry of the existing 17.1 support order; 17.2 (ii) the excess employment is voluntary and not a condition 17.3 of employment; 17.4 (iii) the excess employment is in the nature of additional, 17.5 part-time employment, or overtime employment compensable by the 17.6 hour or fractions of an hour; 17.7 (iv) the party's compensation structure has not been 17.8 changed for the purpose of affecting a support or maintenance 17.9 obligation; 17.10 (v) in the case of an obligor, current child support 17.11 payments are at least equal to the guidelines amount based on 17.12 income not excluded under this clause; and 17.13 (vi) in the case of an obligor who is in arrears in child 17.14 support payments to the obligee, any net income from excess 17.15 employment must be used to pay the arrearages until the 17.16 arrearages are paid in full. 17.17(d)(e) A modification of support or maintenance, including 17.18 interest that accrued pursuant to section 548.091, may be made 17.19 retroactive only with respect to any period during which the 17.20 petitioning party has pending a motion for modification but only 17.21 from the date of service of notice of the motion on the 17.22 responding party and on the public authority if public 17.23 assistance is being furnished or the county attorney is the 17.24 attorney of record.However, modification may be applied to an17.25earlier period if the court makes express findings that:17.26(1) the party seeking modification was precluded from17.27serving a motion by reason of a significant physical or mental17.28disability, a material misrepresentation of another party, or17.29fraud upon the court and that the party seeking modification,17.30when no longer precluded, promptly served a motion;17.31(2) the party seeking modification was a recipient of17.32federal Supplemental Security Income (SSI), Title II Older17.33Americans, Survivor's Disability Insurance (OASDI), other17.34disability benefits, or public assistance based upon need during17.35the period for which retroactive modification is sought;17.36(3) the order for which the party seeks amendment was18.1entered by default, the party shows good cause for not18.2appearing, and the record contains no factual evidence, or18.3clearly erroneous evidence regarding the individual obligor's18.4ability to pay; or18.5(4) the party seeking modification was institutionalized or18.6incarcerated for an offense other than nonsupport of a child18.7during the period for which retroactive modification is sought18.8and lacked the financial ability to pay the support ordered18.9during that time period. In determining whether to allow the18.10retroactive modification, the court shall consider whether and18.11when a request was made to the public authority for support18.12modification.18.13 The court may provide that a reduction in the amount allocated 18.14 for child care expenses based on a substantial decrease in the 18.15 expenses is effective as of the date the expenses decreased. 18.16(e)(f) Except for an award of the right of occupancy of 18.17 the homestead, provided in section 518.63, all divisions of real 18.18 and personal property provided by section 518.58 shall be final, 18.19 and may be revoked or modified only where the court finds the 18.20 existence of conditions that justify reopening a judgment under 18.21 the laws of this state, including motions under section 518.145, 18.22 subdivision 2. The court may impose a lien or charge on the 18.23 divided property at any time while the property, or subsequently 18.24 acquired property, is owned by the parties or either of them, 18.25 for the payment of maintenance or support money, or may 18.26 sequester the property as is provided by section 518.24. 18.27(f)(g) The court need not hold an evidentiary hearing on a 18.28 motion for modification of maintenance or support. 18.29(g)(h) Section 518.14 shall govern the award of attorney 18.30 fees for motions brought under this subdivision. 18.31 (i) An enactment, amendment, or repeal of law does not 18.32 constitute a substantial change in the circumstances for 18.33 purposes of modifying a child support order. 18.34 (j) There may be no modification of an existing child 18.35 support order during the first year following the effective date 18.36 of sections 518.712 to 518.729 except as follows: 19.1 (1) there is at least a 20 percent change in the gross 19.2 income of the obligor; 19.3 (2) there is a change in the number of joint children for 19.4 whom the obligor is legally responsible and actually supporting; 19.5 (3) the child supported by the existing child support order 19.6 becomes disabled; or 19.7 (4) both parents consent to modification of the existing 19.8 order in compliance with the new income shares guidelines. 19.9 (k) On the first modification under the income shares 19.10 method of calculation, the modification of basic support may be 19.11 limited if the amount of the full variance would create hardship 19.12 for either the obligor or the obligee. 19.13 Paragraph (j) expires January 1, 2008. 19.14 Sec. 12. Minnesota Statutes 2004, section 518.64, is 19.15 amended by adding a subdivision to read: 19.16 Subd. 7. [CHILD CARE EXCEPTION.] The court may provide 19.17 that a reduction in the amount allocated for child care expenses 19.18 based on a substantial decrease in the expenses is effective as 19.19 of the date the expense is decreased. 19.20 Sec. 13. Minnesota Statutes 2004, section 518.64, is 19.21 amended by adding a subdivision to read: 19.22 Subd. 8. [CHILD SUPPORT DEBT AND ARREARAGE 19.23 MANAGEMENT.] The parties, including the public authority, may 19.24 compromise child support debt or arrearages owed by one party to 19.25 another, whether or not reduced to judgment, upon agreement of 19.26 the parties involved. 19.27 Sec. 14. Minnesota Statutes 2004, section 518.68, 19.28 subdivision 2, is amended to read: 19.29 Subd. 2. [CONTENTS.] The required notices must be 19.30 substantially as follows: 19.31 IMPORTANT NOTICE 19.32 1. PAYMENTS TO PUBLIC AGENCY 19.33 According to Minnesota Statutes, section 518.551, 19.34 subdivision 1, payments ordered for maintenance and support 19.35 must be paid to the public agency responsible for child 19.36 support enforcement as long as the person entitled to 20.1 receive the payments is receiving or has applied for public 20.2 assistance or has applied for support and maintenance 20.3 collection services. MAIL PAYMENTS TO: 20.4 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 20.5 FELONY 20.6 A person may be charged with a felony who conceals a minor 20.7 child or takes, obtains, retains, or fails to return a 20.8 minor child from or to the child's parent (or person with 20.9 custodial or visitation rights), according to Minnesota 20.10 Statutes, section 609.26. A copy of that section is 20.11 available from any district court clerk. 20.12 3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 20.13 A person who fails to pay court-ordered child support or 20.14 maintenance may be charged with a crime, which may include 20.15 misdemeanor, gross misdemeanor, or felony charges, 20.16 according to Minnesota Statutes, section 609.375. A copy 20.17 of that section is available from any district court clerk. 20.18 4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 20.19 (a) Payment of support or spousal maintenance is to be as 20.20 ordered, and the giving of gifts or making purchases of 20.21 food, clothing, and the like will not fulfill the 20.22 obligation. 20.23 (b) Payment of support must be made as it becomes due, and 20.24 failure to secure or denial of parenting time is NOT an 20.25 excuse for nonpayment, but the aggrieved party must seek 20.26 relief through a proper motion filed with the court. 20.27 (c) Nonpayment of support is not grounds to deny parenting 20.28 time. The party entitled to receive support may apply for 20.29 support and collection services, file a contempt motion, or 20.30 obtain a judgment as provided in Minnesota Statutes, 20.31 section 548.091. 20.32 (d) The payment of support or spousal maintenance takes 20.33 priority over payment of debts and other obligations. 20.34 (e) A party who accepts additional obligations of support 20.35 does so with the full knowledge of the party's prior 20.36 obligation under this proceeding. 21.1 (f) Child support or maintenance is based on annual income, 21.2 and it is the responsibility of a person with seasonal 21.3 employment to budget income so that payments are made 21.4 throughout the year as ordered. 21.5 (g) If the obligor is laid off from employment or receives 21.6 a pay reduction, support may be reduced, but only if a 21.7 motion to reduce the support is served and filed with the 21.8 court. Any reduction will take effect only if ordered by 21.9 the court and may only relate back to the time that the 21.10 motion is filed. If a motion is not filed, the support 21.11 obligation will continue at the current level. The court 21.12 is not permitted to reduce support retroactively, except as 21.13 provided in Minnesota Statutes, section 518.64, subdivision 21.14 2, paragraph (c). 21.15 (h) Reasonable parenting time guidelines are contained in 21.16 Appendix B, which is available from the court administrator. 21.17 (i) The nonpayment of support may be enforced through the 21.18 denial of student grants; interception of state and federal 21.19 tax refunds; suspension of driver's, recreational, and 21.20 occupational licenses; referral to the department of 21.21 revenue or private collection agencies; seizure of assets, 21.22 including bank accounts and other assets held by financial 21.23 institutions; reporting to credit bureaus; interest 21.24 charging, income withholding, and contempt proceedings; and 21.25 other enforcement methods allowed by law. 21.26 (j) The public authority may suspend or resume collection 21.27 of the amount allocated for child care expenses if the 21.28 conditions of section 518.551, subdivision 5, paragraph 21.29 (b), are met. 21.30 5. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 21.31 SUBDIVISION 3 21.32 Unless otherwise provided by the Court: 21.33 (a) Each party has the right of access to, and to receive 21.34 copies of, school, medical, dental, religious training, and 21.35 other important records and information about the minor 21.36 children. Each party has the right of access to 22.1 information regarding health or dental insurance available 22.2 to the minor children. Presentation of a copy of this 22.3 order to the custodian of a record or other information 22.4 about the minor children constitutes sufficient 22.5 authorization for the release of the record or information 22.6 to the requesting party. 22.7 (b) Each party shall keep the other informed as to the name 22.8 and address of the school of attendance of the minor 22.9 children. Each party has the right to be informed by 22.10 school officials about the children's welfare, educational 22.11 progress and status, and to attend school and parent 22.12 teacher conferences. The school is not required to hold a 22.13 separate conference for each party. 22.14 (c) In case of an accident or serious illness of a minor 22.15 child, each party shall notify the other party of the 22.16 accident or illness, and the name of the health care 22.17 provider and the place of treatment. 22.18 (d) Each party has the right of reasonable access and 22.19 telephone contact with the minor children. 22.20 6. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 22.21 Child support and/or spousal maintenance may be withheld 22.22 from income, with or without notice to the person obligated 22.23 to pay, when the conditions of Minnesota Statutes, section 22.24 518.6111 have been met. A copy of those sections is 22.25 available from any district court clerk. 22.26 7. CHANGE OF ADDRESS OR RESIDENCE 22.27 Unless otherwise ordered, each party shall notify the other 22.28 party, the court, and the public authority responsible for 22.29 collection, if applicable, of the following information 22.30 within ten days of any change: the residential and mailing 22.31 address, telephone number, driver's license number, Social 22.32 Security number, and name, address, and telephone number of 22.33 the employer. 22.34 8. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 22.35 Child support and/or spousal maintenance may be adjusted 22.36 every two years based upon a change in the cost of living 23.1 (using Department of Labor Consumer Price Index .........., 23.2 unless otherwise specified in this order) when the 23.3 conditions of Minnesota Statutes, section 518.641, are met. 23.4 Cost of living increases are compounded. A copy of 23.5 Minnesota Statutes, section 518.641, and forms necessary to 23.6 request or contest a cost of living increase are available 23.7 from any district court clerk. 23.8 9. JUDGMENTS FOR UNPAID SUPPORT 23.9 If a person fails to make a child support payment, the 23.10 payment owed becomes a judgment against the person 23.11 responsible to make the payment by operation of law on or 23.12 after the date the payment is due, and the person entitled 23.13 to receive the payment or the public agency may obtain 23.14 entry and docketing of the judgment WITHOUT NOTICE to the 23.15 person responsible to make the payment under Minnesota 23.16 Statutes, section 548.091. Interest begins to accrue on a 23.17 payment or installment of child support whenever the unpaid 23.18 amount due is greater than the current support due, 23.19 according to Minnesota Statutes, section 548.091, 23.20 subdivision 1a. 23.21 10. JUDGMENTS FOR UNPAID MAINTENANCE 23.22 A judgment for unpaid spousal maintenance may be entered 23.23 when the conditions of Minnesota Statutes, section 548.091, 23.24 are met. A copy of that section is available from any 23.25 district court clerk. 23.26 11. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 23.27 SUPPORT 23.28 A judgment for attorney fees and other collection costs 23.29 incurred in enforcing a child support order will be entered 23.30 against the person responsible to pay support when the 23.31 conditions of section 518.14, subdivision 2, are met. A 23.32 copy of section 518.14 and forms necessary to request or 23.33 contest these attorney fees and collection costs are 23.34 available from any district court clerk. 23.35 12. PARENTING TIME EXPEDITOR PROCESS 23.36 On request of either party or on its own motion, the court 24.1 may appoint a parenting time expeditor to resolve parenting 24.2 time disputes under Minnesota Statutes, section 518.1751. 24.3 A copy of that section and a description of the expeditor 24.4 process is available from any district court clerk. 24.5 13. PARENTING TIME REMEDIES AND PENALTIES 24.6 Remedies and penalties for the wrongful denial of parenting 24.7 time are available under Minnesota Statutes, section 24.8 518.175, subdivision 6. These include compensatory 24.9 parenting time; civil penalties; bond requirements; 24.10 contempt; and reversal of custody. A copy of that 24.11 subdivision and forms for requesting relief are available 24.12 from any district court clerk. 24.13 Sec. 15. [518.712] [DEFINITIONS.] 24.14 Subdivision 1. [SCOPE.] The definitions in this section 24.15 apply to sections 518.712 to 518.753. 24.16 Subd. 2. [GROSS INCOME FOR DETERMINING CHILD SUPPORT.] 24.17 "Gross income for determining child support" means gross income 24.18 minus deductions for nonjoint children as allowed by section 24.19 518.717. 24.20 Subd. 3. [APPORTIONED VETERANS' BENEFITS.] "Apportioned 24.21 veterans' benefits" means the amount the Veterans Administration 24.22 deducts from the veteran's award and disburses to the child or 24.23 the child's representative payee. The apportionment of 24.24 veterans' benefits shall be that determined by the Veterans 24.25 Administration and governed by Code of Federal Regulations, 24.26 title 38, sections 3.450 to 3.458. 24.27 Subd. 4. [ARREARS.] "Arrears" are amounts that accrue 24.28 pursuant to an obligor's failure to comply with a support 24.29 order. Past support and pregnancy and confinement expenses 24.30 contained in a support order are arrears if the court order does 24.31 not contain repayment terms. Arrears also arise by the 24.32 obligor's failure to comply with the terms of a court order for 24.33 repayment of past support or pregnancy and confinement 24.34 expenses. An obligor's failure to comply with the terms for 24.35 repayment of amounts owed for past support or pregnancy and 24.36 confinement turns the entire amount owed into arrears. 25.1 Subd. 5. [BASIC SUPPORT.] "Basic support" means the 25.2 support obligation determined by applying the parent's adjusted 25.3 gross income, or if there are two parents, their combined 25.4 adjusted gross income, to the guideline in the manner set out in 25.5 section 518.725. 25.6 Basic support includes the dollar amount ordered for a 25.7 child's housing, food, clothing, transportation, and education 25.8 costs, and other expenses relating to the child's care. Basic 25.9 support does not include monetary contributions for a child's 25.10 child care expenses, and medical and dental expenses. 25.11 Subd. 6. [CHILD.] "Child" means an individual under 18 25.12 years of age, an individual under age 20 who is still attending 25.13 secondary school, or an individual who, by reason of physical or 25.14 mental condition, is incapable of self-support. 25.15 Subd. 7. [CHILD SUPPORT.] "Child support or support money" 25.16 means an amount for basic support, child care support, and 25.17 medical support pursuant to: 25.18 (1) an award in a dissolution, legal separation, annulment, 25.19 or parentage proceeding for the care, support, and education of 25.20 a child of the marriage or of the parties to the proceeding; 25.21 (2) a contribution by parents ordered under section 256.87; 25.22 or 25.23 (3) support ordered under chapter 518B or 518C. 25.24 Subd. 8. [DEPOSIT ACCOUNT.] "Deposit account" means funds 25.25 deposited with a financial institution in the form of a savings 25.26 account, checking account, NOW account, or demand deposit 25.27 account. 25.28 Subd. 9. [GROSS INCOME.] "Gross income" means: 25.29 (1) the gross income of the parent calculated pursuant to 25.30 section 518.7123; plus 25.31 (2) the potential income of the parent, if any, as 25.32 determined in subdivision 19; minus 25.33 (3) spousal maintenance that any party has been ordered to 25.34 pay. 25.35 Subd. 10. [IV-D CASE.] "IV-D case" means a case where a 25.36 party assigns rights to child support to the state because the 26.1 party receives public assistance, as defined in section 256.741, 26.2 or applies for child support services under title IV-D of the 26.3 Social Security Act, United States Code, title 42, section 26.4 654(4). 26.5 Subd. 11. [JOINT CHILD.] "Joint child" means the dependent 26.6 child who is the son or daughter of both parents in the support 26.7 proceeding. In those cases where support is sought from only 26.8 one parent of a child, a joint child is the child for whom 26.9 support is sought. 26.10 Subd. 12. [NONJOINT CHILD.] "Nonjoint child" means the 26.11 legal child of one, but not both of the parents subject to this 26.12 determination. Specifically excluded from this definition are 26.13 stepchildren. 26.14 Subd. 13. [OBLIGOR.] "Obligor" has the meaning provided by 26.15 section 518.54, subdivision 8. 26.16 Subd. 14. [OBLIGEE.] "Obligee" means a person to whom 26.17 payments for child support are owed. 26.18 Subd. 15. [PARENTING TIME.] "Parenting time" means the 26.19 amount of time a child is scheduled to spend with the parent 26.20 according to a court order. Parenting time includes time with 26.21 the child whether it is designated as visitation, physical 26.22 custody, or parenting time. For purposes of section 518.722, 26.23 the percentage of parenting time may be calculated by 26.24 calculating the number of overnights that a child spends with a 26.25 parent, or by using a method other than overnights as the parent 26.26 has significant time periods where the child is in the parent's 26.27 physical custody, but does not stay overnight. 26.28 Subd. 16. [PAYOR OF FUNDS.] "Payor of funds" means a 26.29 person or entity that provides funds to an obligor, including an 26.30 employer as defined under chapter 24, section 3401(d), of the 26.31 Internal Revenue Code, an independent contractor, payor of 26.32 workers' compensation benefits or unemployment insurance 26.33 benefits, or a financial institution as defined in section 26.34 13B.06. 26.35 Subd. 17. [POTENTIAL INCOME.] "Potential income" is income 26.36 determined under this subdivision. 27.1 (a) If a parent is voluntarily unemployed, underemployed, 27.2 or employed on a less than a full-time basis, or there is no 27.3 direct evidence of any income, child support shall be calculated 27.4 based on a determination of potential income. For purposes of 27.5 this determination, it is rebuttably presumed that a parent can 27.6 be gainfully employed on a full-time basis. 27.7 (b) Determination of potential income shall be made 27.8 according to one of three methods, as appropriate: 27.9 (1) the parent's probable earnings level based on 27.10 employment potential, recent work history, and occupational 27.11 qualifications in light of prevailing job opportunities and 27.12 earnings levels in the community; or 27.13 (2) if a parent is receiving unemployment compensation or 27.14 workers' compensation, that parent's income may be calculated 27.15 using the actual amount of the unemployment compensation or 27.16 workers' compensation benefit received; or 27.17 (3) the amount of income a parent could earn working 27.18 full-time at 150 percent of the current federal or state minimum 27.19 wage, whichever is higher. 27.20 (c) A parent is not considered voluntarily unemployed or 27.21 underemployed upon a showing by the parent that: 27.22 (1) unemployment or underemployment is temporary and will 27.23 ultimately lead to an increase in income; 27.24 (2) the unemployment or underemployment represents a bona 27.25 fide career change that outweighs the adverse effect of that 27.26 parent's diminished income on the child; or 27.27 (3) the parent is unable to work full-time due to a 27.28 verified disability or due to incarceration. 27.29 (d) As used in this section, "full-time" means 40 hours of 27.30 work in a week except in those industries, trades, or 27.31 professions in which most employers due to custom, practice, or 27.32 agreement utilize a normal work week of more or less than 40 27.33 hours in a week. 27.34 (e) If the parent of a joint child is a recipient of a 27.35 temporary assistance to a needy family (TANF) cash grant, no 27.36 potential income shall be imputed to that parent. 28.1 (f) If a parent stays at home to care for a child who is 28.2 subject to the child support order, the court may consider the 28.3 following factors when determining whether the parent is 28.4 voluntarily unemployed or underemployed: 28.5 (1) the parties' parenting and child care arrangements 28.6 before the child support action; 28.7 (2) the stay-at-home parent's employment history, recency 28.8 of employment, earnings, and the availability of jobs within the 28.9 community for an individual with the parent's qualifications; 28.10 (3) the relationship between the employment-related 28.11 expenses, including, but not limited to, child care and 28.12 transportation costs required for the parent to be employed, and 28.13 the income the stay-at-home parent could receive from available 28.14 jobs within the community for an individual with the parent's 28.15 qualifications; 28.16 (4) the child's age and health, including whether the child 28.17 is physically or mentally disabled; and 28.18 (5) the availability of child care providers. 28.19 Subd. 18. [PRIMARY PHYSICAL CUSTODY.] The parent having 28.20 "primary physical custody" means the parent who provides the 28.21 primary residence for a child and is responsible for the 28.22 majority of the day-to-day decisions concerning a child. 28.23 Subd. 19. [PUBLIC AUTHORITY.] "Public authority" means the 28.24 local unit of government, acting on behalf of the state, that is 28.25 responsible for child support enforcement or the Department of 28.26 Human Services, Child Support Enforcement Division. 28.27 Subd. 20. [SOCIAL SECURITY BENEFITS.] "Social Security 28.28 benefits" means the monthly amount the Social Security 28.29 Administration pays to a joint child or the child's 28.30 representative payee due solely to the disability or retirement 28.31 of either parent. Benefits paid to a parent due to the 28.32 disability of a child are excluded from this definition. 28.33 Subd. 21. [SPLIT CUSTODY.] "Split custody" means that each 28.34 parent in a two-parent calculation has primary physical custody 28.35 of at least one of the joint children. 28.36 Subd. 22. [SPOUSAL MAINTENANCE.] "Spousal maintenance" has 29.1 the definition as provided in section 518.54, subdivision 3, and 29.2 includes the amount of any preexisting or concurrently entered 29.3 court ordered spousal maintenance. 29.4 Subd. 23. [SUPPORT ORDER.] (a) "Support order" means a 29.5 judgment, decree, or order, whether temporary, final, or subject 29.6 to modification, issued by a court or administrative agency of 29.7 competent jurisdiction that: 29.8 (1) provides for the support of a child, including a child 29.9 who has attained the age of majority under the law of the 29.10 issuing state, or a child and the parent with whom the child is 29.11 living; 29.12 (2) provides for basic support, child care, medical support 29.13 including expenses for confinement and pregnancy, arrears, or 29.14 reimbursement; and 29.15 (3) may include related costs and fees, interest and 29.16 penalties, income withholding, and other relief. 29.17 (b) The definition in paragraph (a) applies to orders 29.18 issued under this chapter and chapters 256, 257, and 518C. 29.19 Subd. 24. [SURVIVORS' AND DEPENDENTS' EDUCATIONAL 29.20 ASSISTANCE.] "Survivors' and dependents' educational assistance" 29.21 are funds disbursed by the Veterans Administration under United 29.22 States Code, title 38, chapter 35, to the child or the child's 29.23 representative payee. 29.24 Sec. 16. [518.7123] [CALCULATION OF GROSS INCOME.] 29.25 (a) Except as excluded below, gross income includes income 29.26 from any source, including, but not limited to, salaries, wages, 29.27 commissions, advances, bonuses, dividends, severance pay, 29.28 pensions, interest, honoraria, trust income, annuities, return 29.29 on capital, Social Security benefits, workers' compensation 29.30 benefits, unemployment insurance benefits, disability insurance 29.31 benefits, gifts, prizes, including lottery winnings, alimony, 29.32 spousal maintenance payments, income from self-employment or 29.33 operation of a business, as determined under section 518.7125. 29.34 All salary, wages, commissions, or other compensation paid by 29.35 third parties shall be based upon Medicare gross income. No 29.36 deductions shall be allowed for contributions to pensions, 30.1 401-K, IRA, or other deferred compensation. 30.2 (b) Excluded and not counted in gross income is 30.3 compensation received by a party for employment in excess of a 30.4 40-hour work week, provided that: 30.5 (1) child support is nonetheless ordered in an amount at 30.6 least equal to the guideline amount based on gross income not 30.7 excluded under this clause; and 30.8 (2) the party demonstrates, and the court finds, that: 30.9 (i) the excess employment began after the filing of the 30.10 petition for dissolution; 30.11 (ii) the excess employment reflects an increase in the work 30.12 schedule or hours worked over that of the two years immediately 30.13 preceding the filing of the petition; 30.14 (iii) the excess employment is voluntary and not a 30.15 condition of employment; 30.16 (iv) the excess employment is in the nature of additional, 30.17 part-time or overtime employment compensable by the hour or 30.18 fraction of an hour; and 30.19 (v) the party's compensation structure has not been changed 30.20 for the purpose of affecting a support or maintenance obligation. 30.21 (c) Expense reimbursements or in-kind payments received by 30.22 a parent in the course of employment, self-employment, or 30.23 operation of a business shall be counted as income if they 30.24 reduce personal living expenses. 30.25 (d) Gross income may be calculated on either an annual or 30.26 monthly basis. Weekly income shall be translated to monthly 30.27 income by multiplying the weekly income by 4.33. 30.28 (e) Excluded and not counted as income is any child support 30.29 payment. It is a rebuttable presumption that adoption 30.30 assistance payments, guardianship assistance payments, and 30.31 foster care subsidies are excluded and not counted as income. 30.32 (f) Excluded and not counted as income is the income of the 30.33 obligor's spouse and the obligee's spouse. 30.34 Sec. 17. [518.7125] [INCOME FROM SELF-EMPLOYMENT OR 30.35 OPERATION OF A BUSINESS.] 30.36 For income from self-employment, rent, royalties, 31.1 proprietorship of a business, or joint ownership of a 31.2 partnership or closely held corporation, gross income is defined 31.3 as gross receipts minus costs of goods sold minus ordinary and 31.4 necessary expenses required for self-employment or business 31.5 operation. Specifically excluded from ordinary and necessary 31.6 expenses are amounts allowable by the Internal Revenue Service 31.7 for the accelerated component of depreciation expenses, 31.8 investment tax credits, or any other business expenses 31.9 determined by the court to be inappropriate or excessive for 31.10 determining gross income for purposes of calculating child 31.11 support. 31.12 Sec. 18. [518.713] [COMPUTATION OF INDIVIDUAL CHILD 31.13 SUPPORT OBLIGATIONS.] 31.14 To determine the presumptive amount of support owed by a 31.15 parent, follow the procedure set forth in this section: 31.16 (1) determine the gross income of each parent using the 31.17 definition in section 518.712, subdivision 9; 31.18 (2) determine the gross income for determining child 31.19 support of each parent, and if there are two parents, the 31.20 combined adjusted gross income by subtracting from the gross 31.21 income, the credit, if any, for any nonjoint children under 31.22 section 518.717; 31.23 (3) if there are two parents, determine the percentage 31.24 contribution of each parent to the combined adjusted gross 31.25 income by dividing the combined adjusted gross income into each 31.26 parent's adjusted gross income; 31.27 (4) determine the basic child support obligation by 31.28 application of the guideline in section 518.725; 31.29 (5) determine each parent's share of the basic child 31.30 support obligation by multiplying the percentage figure from 31.31 clause (3) by the basic child support obligation in clause (4); 31.32 (6) determine the parenting expense adjustment if any and 31.33 determine the basic child support obligation of the parents as 31.34 provided in section 518.722; 31.35 (7) apply the low-income adjustment, if applicable, as 31.36 provided in section 518.723; 32.1 (8) determine the cost for each parent for child care costs 32.2 as allowed by section 518.72; 32.3 (9) determining the cost for each parent for medical 32.4 expenses and health care coverage as allowed by section 32.5 518.719. If costs are not equal each month, annual costs shall 32.6 be averaged to determine a monthly cost; 32.7 (10) calculate the total costs owed by each parent to the 32.8 other by applying the parent's percentage of income as 32.9 determined in clause (3) to the actual out-of-pocket medical 32.10 costs incurred by the other parent. Add these amounts to each 32.11 parent's child support obligation; 32.12 (11) calculate the total child support obligation of each 32.13 parent by adding for each parent, the basic child support 32.14 obligation from clause (6) and the total costs from clause (10); 32.15 (12) determine the net child support obligation by 32.16 subtracting the smaller of the obligations from the larger; 32.17 (13) if Social Security benefits or veterans' benefits are 32.18 received by the obligee as a representative payee for a joint 32.19 child due to the obligor's disability or retirement, subtract 32.20 the amount of benefits from the obligor's net child support 32.21 obligation, if any; 32.22 (14) determine the portion of the calculated child support 32.23 obligation the obligor has the ability to pay or the minimum 32.24 support obligation as provided in section 518.724; and 32.25 (15) the final child support order shall separately 32.26 designate the amount owed for basic support, child care support, 32.27 and medical support. 32.28 Sec. 19. [518.7131] [TEMPORARY SUPPORT.] 32.29 Temporary support may be awarded as provided in section 32.30 518.131. 32.31 Sec. 20. [518.714] [DEVIATIONS FROM CHILD SUPPORT 32.32 GUIDELINES.] 32.33 Subdivision 1. [GENERAL FACTORS.] Among other reasons, 32.34 deviation from the presumptive guideline amount is intended to 32.35 encourage prompt and regular payments of child support and to 32.36 prevent either parent or the joint children from living in 33.1 poverty. In addition to the child support guidelines, the court 33.2 must take into consideration the following factors in setting or 33.3 modifying child support or in determining whether to deviate 33.4 upward or downward from the extraordinary or diminished 33.5 guidelines: 33.6 (1) all earnings, income circumstances, and resources of 33.7 each parent, including real and personal property, but excluding 33.8 income from excess employment of the obligor or obligee that 33.9 meets the criteria of section 518.7123, paragraph (b), clause 33.10 (2); 33.11 (2) the extraordinary financial needs and resources, 33.12 physical and emotional condition, and educational needs of the 33.13 child to be supported; 33.14 (3) the standard of living the child would enjoy if the 33.15 parents were currently living together, but recognizing that the 33.16 parents now have separate households; 33.17 (4) which parent receives the income taxation dependency 33.18 exemption and the financial benefit the parent receives from it; 33.19 (5) the parents' debts as provided in subdivision 2; and 33.20 (6) the obligor's total payments for court-ordered child 33.21 support exceed the limitations set forth in section 571.922. 33.22 Subd. 2. [DEBT OWED TO PRIVATE CREDITORS.] (a) In 33.23 establishing or modifying a support obligation, the court may 33.24 consider debts owed to private creditors, but only if: 33.25 (1) the right to support has not been assigned under 33.26 section 256.741; 33.27 (2) the court determines that the debt was reasonably 33.28 incurred for necessary support of the child or parent or for the 33.29 necessary generation of income. If the debt was incurred for 33.30 the necessary generation of income, the court may consider only 33.31 the amount of debt that is essential to the continuing 33.32 generation of income; and 33.33 (3) the party requesting a departure produces a sworn 33.34 schedule of the debts, with supporting documentation, showing 33.35 goods or services purchased, the recipient of them, the original 33.36 debt amount, the outstanding balance, the monthly payment, and 34.1 the number of months until the debt will be fully paid. 34.2 (b) A schedule prepared under paragraph (a), clause (3), 34.3 must contain a statement that the debt will be fully paid after 34.4 the number of months shown in the schedule, barring emergencies 34.5 beyond the party's control. 34.6 (c) Any further departure below the guidelines that is 34.7 based on a consideration of debts owed to private creditors must 34.8 not exceed 18 months in duration. After 18 months the support 34.9 must increase automatically to the level ordered by the court. 34.10 This section does not prohibit one or more step increases in 34.11 support to reflect debt retirement during the 18-month period. 34.12 (d) If payment of debt is ordered pursuant to this section, 34.13 the payment must be ordered to be in the nature of child support. 34.14 Subd. 3. [EVIDENCE.] The court may receive evidence on the 34.15 factors in this section to determine if the guidelines should be 34.16 exceeded or modified in a particular case. 34.17 Subd. 4. [PAYMENTS ASSIGNED TO PUBLIC AUTHORITY.] If the 34.18 child support payments are assigned to the public authority 34.19 under section 256.741, the court may not deviate downward from 34.20 the child support guidelines unless the court specifically finds 34.21 that the failure to deviate downward would impose an extreme 34.22 hardship on the obligor. 34.23 Subd. 5. [JOINT LEGAL CUSTODY.] An award of joint legal 34.24 custody is not a reason for deviation from the guidelines. 34.25 Subd. 6. [SELF-SUPPORT LIMITATION.] If, after payment of 34.26 income and payroll taxes, the obligor can establish that they do 34.27 not have enough for the self-support reserve, a downward 34.28 deviation may be allowed. 34.29 Sec. 21. [518.715] [WRITTEN FINDINGS.] 34.30 Subdivision 1. [NO DEVIATION.] If the court does not 34.31 deviate from the guidelines, the court must make written 34.32 findings concerning the amount of the parties' income used as 34.33 the basis for the guidelines calculation and any other 34.34 significant evidentiary factors affecting the child support 34.35 determination. 34.36 Subd. 2. [DEVIATION.] (a) If the court deviates from the 35.1 guidelines, the court must make written findings giving the 35.2 amount of support calculated under the guidelines, the reasons 35.3 for the deviation, must specifically address how the deviation 35.4 serves the best interests of the child; and 35.5 (b) Determine each parent's gross income. 35.6 Subd. 3. [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 35.7 provisions of this section apply whether or not the parties are 35.8 each represented by independent counsel and have entered into a 35.9 written agreement. The court must review stipulations presented 35.10 to it for conformity to the guidelines. The court is not 35.11 required to conduct a hearing, but the parties must provide 35.12 sufficient documentation of gross income. 35.13 Sec. 22. [518.716] [GUIDELINES REVIEW.] 35.14 No later than 2006 and every four years after that, the 35.15 Department of Human Services must conduct a review of the child 35.16 support guidelines. 35.17 Sec. 23. [518.717] [NONJOINT CHILDREN.] 35.18 (a) When either or both parents of the joint child subject 35.19 to this determination are legally responsible for a nonjoint 35.20 child who resides in that parent's household, or a nonjoint 35.21 child to whom or on whose behalf a parent owes an ongoing child 35.22 support obligation under a court or administrative order, a 35.23 credit for this obligation shall be calculated under this 35.24 section. 35.25 (b) Determine the modified gross income for each parent by 35.26 subtracting from a parent's gross income the amount of any 35.27 spousal support a court orders that parent to pay, and adding to 35.28 a parent's gross income any spousal support the parent is 35.29 entitled to receive. 35.30 (c) Using the guideline as established in section 518.725, 35.31 determine the basic child support obligation for the nonjoint 35.32 child or children who actually reside in the parent's household, 35.33 by using the gross income of the parent for whom the credit is 35.34 being calculated, and using the number of nonjoint children 35.35 actually in the parent's immediate household. If the number of 35.36 nonjoint children to be used for the determination is greater 36.1 than two, the determination shall be made using the number two 36.2 instead of the greater number. 36.3 (d) The credit for nonjoint children shall be 50 percent of 36.4 the guideline amount from paragraph (c), plus the amount of any 36.5 existing support order for other nonjoint children. 36.6 Sec. 24. [518.718] [SOCIAL SECURITY OR VETERANS' BENEFIT 36.7 PAYMENTS RECEIVED ON BEHALF OF THE CHILD.] 36.8 (a) The amount of the monthly Social Security benefits or 36.9 apportioned veterans' benefits received by the child or on 36.10 behalf of the child shall be added to the gross income of the 36.11 parent for whom the disability or retirement benefit was paid. 36.12 (b) The amount of the monthly survivors' and dependents' 36.13 educational assistance received by the child or on behalf of the 36.14 child shall be added to the gross income of the parent for whom 36.15 the disability or retirement benefit was paid. 36.16 (c) If the Social Security or apportioned veterans' 36.17 benefits are paid on behalf of the obligor, and are received by 36.18 the obligee as a representative payee for the child or by the 36.19 child attending school, then the amount of the benefits may also 36.20 be subtracted from the obligor's net child support obligation as 36.21 calculated pursuant to section 518.713. 36.22 (d) If the survivors' and dependents' educational 36.23 assistance is paid on behalf of the obligor, and is received by 36.24 the obligee as a representative payee for the child or by the 36.25 child attending school, then the amount of the assistance shall 36.26 also be subtracted from the obligor's net child support 36.27 obligation as calculated pursuant to section 518.713. 36.28 Sec. 25. [518.719] [MEDICAL SUPPORT.] 36.29 Subdivision 1. [DEFINITIONS.] The definitions in this 36.30 subdivision apply to sections 518.712 to 518.773. 36.31 (a) "Health care coverage" means health care benefits that 36.32 are provided by a health plan. Health care coverage does not 36.33 include any form of medical assistance under chapter 256B or 36.34 MinnesotaCare under chapter 256L. 36.35 (b) "Health carrier" means a carrier as defined in sections 36.36 62A.011, subdivision 2, and 62L.02, subdivision 16. 37.1 (c) "Health plan" means a plan meeting the definition under 37.2 section 62A.011, subdivision 3, a group health plan governed 37.3 under the federal Employee Retirement Income Security Act of 37.4 1974 (ERISA), a self-insured plan under sections 43A.23 to 37.5 43A.317 and 471.617, or a policy, contract, or certificate 37.6 issued by a community-integrated service network licensed under 37.7 chapter 62N. Health plan includes plans: 37.8 (1) provided on an individual and group basis; 37.9 (2) provided by an employer or union; 37.10 (3) purchased in the private market; and 37.11 (4) available to a person eligible to carry insurance for 37.12 the joint child. 37.13 Health plan includes a plan providing for dependent-only dental 37.14 or vision coverage and a plan provided through a party's spouse 37.15 or parent. 37.16 (d) "Medical support" means providing health care coverage 37.17 for a joint child by carrying health care coverage for the joint 37.18 child or by contributing to the cost of health care coverage, 37.19 public coverage, unreimbursed medical expenses, and uninsured 37.20 medical expenses of the joint child. 37.21 (e) "National medical support notice" means an 37.22 administrative notice issued by the public authority to enforce 37.23 health insurance provisions of a support order in accordance 37.24 with Code of Federal Regulations, title 45, section 303.32, in 37.25 cases where the public authority provides support enforcement 37.26 services. 37.27 (f) "Public coverage" means health care benefits provided 37.28 by any form of medical assistance under chapter 256B or 37.29 MinnesotaCare under chapter 256L. 37.30 (g) "Uninsured medical expenses" means a joint child's 37.31 reasonable and necessary health-related expenses if the joint 37.32 child is not covered by a health plan or public coverage when 37.33 the expenses are incurred. 37.34 (h) "Unreimbursed medical expenses" means a joint child's 37.35 reasonable and necessary health-related expenses if a joint 37.36 child is covered by a health plan or public coverage and the 38.1 plan or coverage does not pay for the total cost of the expenses 38.2 when the expenses are incurred. Unreimbursed medical expenses 38.3 do not include the cost of premiums. Unreimbursed medical 38.4 expenses include, but are not limited to, deductibles, 38.5 co-payments, and expenses for orthodontia, and prescription 38.6 eyeglasses and contact lenses but not over-the-counter 38.7 medications. 38.8 Subd. 2. [ORDER.] (a) A completed national medical support 38.9 notice issued by the public authority or a court order that 38.10 complies with this section is a qualified medical child support 38.11 order under the federal Employee Retirement Income Security Act 38.12 of 1974 (ERISA), United States Code, title 29, section 1169(a). 38.13 (b) Every order addressing child support must state: 38.14 (1) the names, last known addresses, and Social Security 38.15 numbers of the parents and the joint child that is a subject of 38.16 the order unless the court prohibits the inclusion of an address 38.17 or Social Security number and orders the parents to provide the 38.18 address and Social Security number to the administrator of the 38.19 health plan; 38.20 (2) whether appropriate health care coverage for the joint 38.21 child is available and, if so, state: 38.22 (i) which party must carry health care coverage; 38.23 (ii) the cost of premiums and how the cost is allocated 38.24 between the parties; 38.25 (iii) how unreimbursed expenses will be allocated and 38.26 collected by the parties; and 38.27 (iv) the circumstances, if any, under which the obligation 38.28 to provide health care coverage for the joint child will shift 38.29 from one party to the other; 38.30 (3) if appropriate health care coverage is not available 38.31 for the joint child, whether a contribution for medical support 38.32 is required; and 38.33 (4) whether the amount ordered for medical support is 38.34 subject to a cost-of-living adjustment under section 518.641. 38.35 Subd. 3. [DETERMINING APPROPRIATE HEALTH CARE 38.36 COVERAGE.] (a) In determining whether a party has appropriate 39.1 health care coverage for the joint child, the court must 39.2 evaluate the health plan using the following factors: 39.3 (1) accessible coverage. Dependent health care coverage is 39.4 accessible if the covered joint child can obtain services from a 39.5 health plan provider with reasonable effort by the parent with 39.6 whom the joint child resides. Health care coverage is presumed 39.7 accessible if: 39.8 (i) primary care coverage is available within 30 minutes or 39.9 30 miles of the joint child's residence and specialty care 39.10 coverage is available within 60 minutes or 60 miles of the joint 39.11 child's residence; 39.12 (ii) the coverage is available through an employer and the 39.13 employee can be expected to remain employed for a reasonable 39.14 amount of time; and 39.15 (iii) no preexisting conditions exist to delay coverage 39.16 unduly; 39.17 (2) comprehensive coverage. Dependent health care coverage 39.18 is comprehensive if it includes, at a minimum, medical and 39.19 hospital coverage and provides for preventive, emergency, acute, 39.20 and chronic care. If both parties have health care coverage 39.21 that meets the minimum requirements, the court must determine 39.22 which health care coverage is more comprehensive by considering 39.23 whether the coverage includes: 39.24 (i) basic dental coverage; 39.25 (ii) orthodontia; 39.26 (iii) eyeglasses; 39.27 (iv) contact lenses; 39.28 (v) mental health services; or 39.29 (vi) substance abuse treatment; 39.30 (3) affordable coverage. Dependent health care coverage is 39.31 affordable if it is reasonable in cost; and 39.32 (4) the joint child's special medical needs, if any. 39.33 (b) If both parties have health care coverage available for 39.34 a joint child, and the court determines under paragraph (a), 39.35 clauses (1) and (2), that the available coverage is comparable 39.36 with regard to accessibility and comprehensiveness, the least 40.1 costly health care coverage is the presumed appropriate health 40.2 care coverage for the joint child. 40.3 Subd. 4. [ORDERING HEALTH CARE COVERAGE.] (a) If a joint 40.4 child is presently enrolled in health care coverage, the court 40.5 must order that the parent who currently has the joint child 40.6 enrolled continue that enrollment unless the parties agree 40.7 otherwise or a party requests a change in coverage and the court 40.8 determines that other health care coverage is more appropriate. 40.9 (b) If a joint child is not presently enrolled in health 40.10 care coverage, upon motion of a party or the public authority, 40.11 the court must determine whether one or both parties have 40.12 appropriate health care coverage for the joint child and order 40.13 the party with appropriate health care coverage available to 40.14 carry the coverage for the joint child. 40.15 (c) If only one party has appropriate health care coverage 40.16 available, the court must order that party to carry the coverage 40.17 for the joint child. 40.18 (d) If both parties have appropriate health care coverage 40.19 available, the court must order the parent with whom the joint 40.20 child resides to carry the coverage for the joint child, unless: 40.21 (1) either party expresses a preference for coverage 40.22 available through the parent with whom the joint child does not 40.23 reside; 40.24 (2) the parent with whom the joint child does not reside is 40.25 already carrying dependent health care coverage for other 40.26 children and the cost of contributing to the premiums of the 40.27 other parent's coverage would cause the parent with whom the 40.28 joint child does not reside extreme hardship; or 40.29 (3) the parents agree to provide coverage and agree on the 40.30 allocation of costs. 40.31 (e) If the exception in paragraph (d), clause (1) or (2), 40.32 applies, the court must determine which party has the most 40.33 appropriate coverage available and order that party to carry 40.34 coverage for the joint child. If the court determines under 40.35 subdivision 3, paragraph (a), clauses (1) and (2), that the 40.36 parties' health care coverage for the joint child is comparable 41.1 with regard to accessibility and comprehensiveness, the court 41.2 must presume that the party with the least costly health care 41.3 coverage to carry coverage for the joint child. 41.4 (f) If neither party has appropriate health care coverage 41.5 available, the court must order the parents to: 41.6 (1) contribute toward the actual health care costs of the 41.7 joint children based on a pro rata share; or 41.8 (2) if the joint child is receiving any form of medical 41.9 assistance under chapter 256B or MinnesotaCare under chapter 41.10 256L, the parent with whom the joint child does not reside shall 41.11 contribute a monthly amount toward the actual cost of medical 41.12 assistance under chapter 256B or MinnesotaCare under chapter 41.13 256L. The amount of the contribution of the noncustodial parent 41.14 is the amount the custodial parent would pay for the child's 41.15 premiums if the custodial parent's income meets the eligibility 41.16 requirements for public coverage. For purposes of determining 41.17 the premium amount, a custodial parent's household size is equal 41.18 to the parent plus the child who is the subject of the child 41.19 support order. The court may order the parent with whom the 41.20 child resides to apply for public coverage for the child. 41.21 (g) A presumption of no less than $50 per month must be 41.22 applied to the actual health care costs of the joint children or 41.23 to the cost of health care coverage. 41.24 (h) The commissioner of human services must publish a table 41.25 with the premium schedule for public coverage and update the 41.26 chart for changes to the schedule by July 1 of each year. 41.27 Subd. 5. [MEDICAL SUPPORT COSTS; UNREIMBURSED AND 41.28 UNINSURED MEDICAL EXPENSES.] (a) Unless otherwise agreed to by 41.29 the parties and approved by the court, the court must order that 41.30 the cost of health care coverage and all unreimbursed and 41.31 uninsured medical expenses be divided between the obligor and 41.32 obligee based on their proportionate share of the parties' 41.33 combined monthly adjusted gross income. 41.34 (b) If a party owes a joint child support obligation for a 41.35 child and is ordered to carry health care coverage for the joint 41.36 child, and the other party is ordered to contribute to the 42.1 carrying party's cost for coverage, the carrying party's child 42.2 support payment must be reduced by the amount of the 42.3 contributing party's contribution. 42.4 (c) If a party owes a joint child support obligation for a 42.5 child and is ordered to contribute to the other party's cost for 42.6 carrying health care coverage for the joint child, the 42.7 contributing party's child support payment must be increased by 42.8 the amount of the contribution. 42.9 (d) If the party ordered to carry health care coverage for 42.10 the joint child already carries dependent health care coverage 42.11 for other dependents and would incur no additional premium costs 42.12 to add the joint child to the existing coverage, the court must 42.13 not order the other party to contribute to the premium costs for 42.14 coverage of the joint child. 42.15 (e) If a party ordered to carry health care coverage for 42.16 the joint child does not already carry dependent health care 42.17 coverage but has other dependents who may be added to the 42.18 ordered coverage, the full premium costs of the dependent health 42.19 care coverage must be allocated between the parties in 42.20 proportion to the party's share of the parties' combined income, 42.21 unless the parties agree otherwise. 42.22 (f) If a party ordered to carry health care coverage for 42.23 the joint child is required to enroll in a health plan so that 42.24 the joint child can be enrolled in dependent health care 42.25 coverage under the plan, the court must allocate the costs of 42.26 the dependent health care coverage between the parties. The 42.27 costs of the health care coverage for the party ordered to carry 42.28 the coverage for the joint child must not be allocated between 42.29 the parties. 42.30 Subd. 6. [NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER, 42.31 UNION, OR HEALTH CARRIER.] (a) The public authority must forward 42.32 a copy of the national medical support notice or court order for 42.33 health care coverage to the party's employer within two business 42.34 days after the date the party is entered into the work reporting 42.35 system under section 256.998. 42.36 (b) The public authority or a party seeking to enforce an 43.1 order for health care coverage must forward a copy of the 43.2 national medical support notice or court order to the obligor's 43.3 employer or union, or to the health carrier under the following 43.4 circumstances: 43.5 (1) the party ordered to carry health care coverage for the 43.6 joint child fails to provide written proof to the other party or 43.7 the public authority, within 30 days of the effective date of 43.8 the court order, that the party has applied for health care 43.9 coverage for the joint child; 43.10 (2) the party seeking to enforce the order or the public 43.11 authority gives written notice to the party ordered to carry 43.12 health care coverage for the joint child of its intent to 43.13 enforce medical support. The party seeking to enforce the order 43.14 or public authority must mail the written notice to the last 43.15 known address of the party ordered to carry health care coverage 43.16 for the joint child; and 43.17 (3) the party ordered to carry health care coverage for the 43.18 joint child fails, within 15 days after the date on which the 43.19 written notice under clause (2) was mailed, to provide written 43.20 proof to the other party or the public authority that the party 43.21 has applied for health care coverage for the joint child. 43.22 (c) The public authority is not required to forward a copy 43.23 of the national medical support notice or court order to the 43.24 obligor's employer or union, or to the health carrier, if the 43.25 court orders health care coverage for the joint child that is 43.26 not employer-based or union-based coverage. 43.27 Subd. 7. [EMPLOYER OR UNION REQUIREMENTS.] (a) An employer 43.28 or union must forward the national medical support notice or 43.29 court order to its health plan within 20 business days after the 43.30 date on the national medical support notice or after receipt of 43.31 the court order. 43.32 (b) Upon determination by an employer's or union's health 43.33 plan administrator that a joint child is eligible to be covered 43.34 under the health plan, the employer or union and health plan 43.35 must enroll the joint child as a beneficiary in the health plan, 43.36 and the employer must withhold any required premiums from the 44.1 income or wages of the party ordered to carry health care 44.2 coverage for the joint child. 44.3 (c) If enrollment of the party ordered to carry health care 44.4 coverage for a joint child is necessary to obtain dependent 44.5 health care coverage under the plan, and the party is not 44.6 enrolled in the health plan, the employer or union must enroll 44.7 the party in the plan. 44.8 (d) Enrollment of dependents and, if necessary, the party 44.9 ordered to carry health care coverage for the joint child must 44.10 be immediate and not dependent upon open enrollment periods. 44.11 Enrollment is not subject to the underwriting policies under 44.12 section 62A.048. 44.13 (e) Failure of the party ordered to carry health care 44.14 coverage for the joint child to execute any documents necessary 44.15 to enroll the dependent in the health plan does not affect the 44.16 obligation of the employer or union and health plan to enroll 44.17 the dependent in a plan. Information and authorization provided 44.18 by the public authority, or by a party or guardian, is valid for 44.19 the purposes of meeting enrollment requirements of the health 44.20 plan. 44.21 (f) An employer or union that is included under the federal 44.22 Employee Retirement Income Security Act of 1974 (ERISA), United 44.23 States Code, title 29, section 1169(a), may not deny enrollment 44.24 to the joint child or to the parent if necessary to enroll the 44.25 joint child based on exclusionary clauses described in section 44.26 62A.048. 44.27 (g) A new employer or union of a party who is ordered to 44.28 provide health care coverage for a joint child must enroll the 44.29 joint child in the party's health plan as required by a national 44.30 medical support notice or court order. 44.31 Subd. 8. [HEALTH PLAN REQUIREMENTS.] (a) If a health plan 44.32 administrator receives a completed national medical support 44.33 notice or court order, the plan administrator must notify the 44.34 parties, and the public authority if the public authority 44.35 provides support enforcement services, within 40 business days 44.36 after the date of the notice or after receipt of the court 45.1 order, of the following: 45.2 (1) whether coverage is available to the joint child under 45.3 the terms of the health plan and, if not, the reason why 45.4 coverage is not available; 45.5 (2) whether the joint child is covered under the health 45.6 plan; 45.7 (3) the effective date of the joint child's coverage under 45.8 the health plan; and 45.9 (4) what steps, if any, are required to effectuate the 45.10 joint child's coverage under the health plan. 45.11 (b) If the employer or union offers more than one plan and 45.12 the national medical support notice or court order does not 45.13 specify the plan to be carried, the plan administrator must 45.14 notify the parents and the public authority if the public 45.15 authority provides support enforcement services. When there is 45.16 more than one option available under the plan, the public 45.17 authority, in consultation with the parent with whom the joint 45.18 child resides, must promptly select from available plan options. 45.19 (c) The plan administrator must provide the parents and 45.20 public authority, if the public authority provides support 45.21 enforcement services, with a notice of the joint child's 45.22 enrollment, description of the coverage, and any documents 45.23 necessary to effectuate coverage. 45.24 (d) The health plan must send copies of all correspondence 45.25 regarding the health care coverage to the parents. 45.26 (e) An insured joint child's parent's signature is a valid 45.27 authorization to a health plan for purposes of processing an 45.28 insurance reimbursement payment to the medical services provider 45.29 or to the parent, if medical services have been prepaid by that 45.30 parent. 45.31 Subd. 9. [EMPLOYER OR UNION LIABILITY.] (a) An employer or 45.32 union that willfully fails to comply with the order or notice is 45.33 liable for any uninsured medical expenses incurred by the 45.34 dependents while the dependents were eligible to be enrolled in 45.35 the health plan and for any other premium costs incurred because 45.36 the employer or union willfully failed to comply with the order 46.1 or notice. 46.2 (b) An employer or union that fails to comply with the 46.3 order or notice is subject to a contempt finding, a $250 civil 46.4 penalty under section 518.615, and is subject to a civil penalty 46.5 of $500 to be paid to the party entitled to reimbursement or the 46.6 public authority. Penalties paid to the public authority are 46.7 designated for child support enforcement services. 46.8 Subd. 10. [CONTESTING ENROLLMENT.] (a) A party may contest 46.9 a joint child's enrollment in a health plan on the limited 46.10 grounds that the enrollment is improper due to mistake of fact 46.11 or that the enrollment meets the requirements of section 518.145. 46.12 (b) If the party chooses to contest the enrollment, the 46.13 party must do so no later than 15 days after the employer 46.14 notifies the party of the enrollment by doing the following: 46.15 (1) filing a motion in district court or according to 46.16 section 484.702 and the expedited child support process rules if 46.17 the public authority provides support enforcement services; 46.18 (2) serving the motion on the other party and public 46.19 authority if the public authority provides support enforcement 46.20 services; and 46.21 (3) securing a date for the matter to be heard no later 46.22 than 45 days after the notice of enrollment. 46.23 (c) The enrollment must remain in place while the party 46.24 contests the enrollment. 46.25 Subd. 11. [DISENROLLMENT; CONTINUATION OF COVERAGE; 46.26 COVERAGE OPTIONS.] (a) Unless a court order provides otherwise, 46.27 a child for whom a party is required to provide health care 46.28 coverage under this section must be covered as a dependent of 46.29 the party until the child is emancipated, until further order of 46.30 the court, or as consistent with the terms of the coverage. 46.31 (b) The health carrier, employer, or union may not 46.32 disenroll or eliminate coverage for the child unless: 46.33 (1) the health carrier, employer, or union is provided 46.34 satisfactory written evidence that the court order is no longer 46.35 in effect; 46.36 (2) the joint child is or will be enrolled in comparable 47.1 health care coverage through another health plan that will take 47.2 effect no later than the effective date of the disenrollment; 47.3 (3) the employee is no longer eligible for dependent 47.4 coverage; or 47.5 (4) the required premium has not been paid by or on behalf 47.6 of the joint child. 47.7 (c) The health plan must provide 30 days' written notice to 47.8 the joint child's parents, and the public authority if the 47.9 public authority provides support enforcement services, before 47.10 the health plan disenrolls or eliminates the joint child's 47.11 coverage. 47.12 (d) A joint child enrolled in health care coverage under a 47.13 qualified medical child support order, including a national 47.14 medical support notice, under this section is a dependent and a 47.15 qualified beneficiary under the Consolidated Omnibus Budget and 47.16 Reconciliation Act of 1985 (COBRA), Public Law 99-272. Upon 47.17 expiration of the order, the joint child is entitled to the 47.18 opportunity to elect continued coverage that is available under 47.19 the health plan. The employer or union must provide notice to 47.20 the parties and the public authority, if it provides support 47.21 services, within ten days of the termination date. 47.22 (e) If the public authority provides support enforcement 47.23 services and a plan administrator reports to the public 47.24 authority that there is more than one coverage option available 47.25 under the health plan, the public authority, in consultation 47.26 with the parent with whom the joint child resides, must promptly 47.27 select coverage from the available options. 47.28 Subd. 12. [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court 47.29 must require the parent with whom the joint child does not 47.30 reside to provide dependent health care coverage for the benefit 47.31 of the parent with whom the joint child resides if the parent is 47.32 ordered to provide dependent health care coverage for the 47.33 parties' joint child and adding the other parent to the coverage 47.34 results in no additional premium cost. 47.35 Subd. 13. [DISCLOSURE OF INFORMATION.] (a) If the public 47.36 authority provides support enforcement services, the parties 48.1 must provide the public authority with the following information: 48.2 (1) information relating to dependent health care coverage 48.3 or public coverage available for the benefit of the joint child 48.4 for whom support is sought, including all information required 48.5 to be included in a medical support order under this section; 48.6 (2) verification that application for court-ordered health 48.7 care coverage was made within 30 days of the court's order; and 48.8 (3) the reason that a joint child is not enrolled in 48.9 court-ordered health care coverage, if a joint child is not 48.10 enrolled in coverage or subsequently loses coverage. 48.11 (b) Upon request from the public authority under section 48.12 256.978, an employer, union, or plan administrator, including an 48.13 employer subject to the federal Employee Retirement Income 48.14 Security Act of 1974 (ERISA), United States Code, title 29, 48.15 section 1169(a), must provide the public authority the following 48.16 information: 48.17 (1) information relating to dependent health care coverage 48.18 available to a party for the benefit of the joint child for whom 48.19 support is sought, including all information required to be 48.20 included in a medical support order under this section; and 48.21 (2) information that will enable the public authority to 48.22 determine whether a health plan is appropriate for a joint 48.23 child, including, but not limited to, all available plan 48.24 options, any geographic service restrictions, and the location 48.25 of service providers. 48.26 (c) The employer, union, or plan administrator must not 48.27 release information regarding one party to the other party. The 48.28 employer, union, or plan administrator must provide both parties 48.29 with insurance identification cards and all necessary written 48.30 information to enable the parties to utilize the insurance 48.31 benefits for the covered dependent. 48.32 (d) The public authority is authorized to release to a 48.33 party's employer, union, or health plan information necessary to 48.34 verify availability of dependent health care coverage, or to 48.35 establish, modify, or enforce medical support. 48.36 (e) An employee must disclose to an employer if medical 49.1 support is required to be withheld under this section and the 49.2 employer must begin withholding according to the terms of the 49.3 order and under section 518.6111. If an employee discloses an 49.4 obligation to obtain health care coverage and coverage is 49.5 available through the employer, the employer must make all 49.6 application processes known to the individual and enroll the 49.7 employee and dependent in the plan. 49.8 Subd. 14. [CHILD SUPPORT ENFORCEMENT SERVICES.] The public 49.9 authority must take necessary steps to establish and enforce an 49.10 order for medical support if the joint child receives public 49.11 assistance or a party completes an application for services from 49.12 the public authority under section 518.551, subdivision 7. 49.13 Subd. 15. [ENFORCEMENT.] (a) Remedies available for 49.14 collecting and enforcing child support apply to medical support. 49.15 (b) For the purpose of enforcement, the following are 49.16 additional support: 49.17 (1) the costs of individual or group health or 49.18 hospitalization coverage; 49.19 (2) dental coverage; 49.20 (3) medical costs ordered by the court to be paid by either 49.21 party, including health and dental insurance premiums paid by 49.22 the obligee because of the obligor's failure to obtain coverage 49.23 as ordered; and 49.24 (4) liabilities established under this subdivision. 49.25 (c) A party who fails to carry court-ordered dependent 49.26 health care coverage is liable for the joint child's uninsured 49.27 medical expenses unless a court order provides otherwise. A 49.28 party's failure to carry court-ordered coverage, or to provide 49.29 other medical support as ordered, is a basis for modification of 49.30 a support order under section 518.64, subdivision 2. 49.31 (d) Payments by the health carrier or employer for services 49.32 rendered to the dependents that are directed to a party not owed 49.33 reimbursement must be endorsed over to and forwarded to the 49.34 vendor or appropriate party or the public authority. A party 49.35 retaining insurance reimbursement not owed to the party is 49.36 liable for the amount of the reimbursement. 50.1 Subd. 16. [INCOME WITHHOLDING; OFFSET.] (a) If a party 50.2 owes no joint child support obligation for a child and is an 50.3 obligor ordered to contribute to the other party's cost for 50.4 carrying health care coverage for the joint child, the obligor 50.5 is subject to an offset under subdivision 5 or income 50.6 withholding under section 518.6111. 50.7 (b) If a party's court-ordered health care coverage for the 50.8 joint child terminates and the joint child is not enrolled in 50.9 other health care coverage or public coverage, and a 50.10 modification motion is not pending, the public authority may 50.11 remove the offset to a party's child support obligation or 50.12 terminate income withholding instituted against a party under 50.13 section 518.6111. The public authority must provide notice to 50.14 the parties of the action. 50.15 (c) A party may contest the public authority's action to 50.16 remove the offset to the child support obligation or terminate 50.17 income withholding if the party makes a written request for a 50.18 hearing within 30 days after receiving written notice. If a 50.19 party makes a timely request for a hearing, the public authority 50.20 must schedule a hearing and send written notice of the hearing 50.21 to the parties by mail to the parties' last known addresses at 50.22 least 14 days before the hearing. The hearing must be conducted 50.23 in district court or in the expedited child support process if 50.24 section 484.702 applies. The district court or child support 50.25 magistrate must determine whether removing the offset or 50.26 terminating income withholding is appropriate and, if 50.27 appropriate, the effective date for the removal or termination. 50.28 (d) If the party does not request a hearing, the district 50.29 court or child support magistrate must order the offset or 50.30 income withholding termination effective the first day of the 50.31 month following termination of the joint child's health care 50.32 coverage. 50.33 Subd. 17. [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL 50.34 EXPENSES.] (a) A party must initiate a request for reimbursement 50.35 of unreimbursed and uninsured medical expenses within two years 50.36 of the date that the party incurred the unreimbursed or 51.1 uninsured medical expenses. The time period in this paragraph 51.2 does not apply if the location of the other party is unknown. 51.3 (b) A party seeking reimbursement of unreimbursed and 51.4 uninsured medical expenses must mail a written notice of intent 51.5 to collect the expenses and a copy of an affidavit of health 51.6 care expenses to the other party at the other party's last known 51.7 address. 51.8 (c) The written notice must include a statement that the 51.9 party has 30 days from the date the notice was mailed to (1) pay 51.10 in full; (2) enter a payment agreement; or (3) file a motion 51.11 requesting a hearing contesting the matter. If the public 51.12 authority provides support enforcement services, the written 51.13 notice also must include a statement that the requesting party 51.14 must submit the amount due to the public authority for 51.15 collection. 51.16 (d) The affidavit of health care expenses must itemize and 51.17 document the joint child's unreimbursed or uninsured medical 51.18 expenses and include copies of all bills, receipts, and 51.19 insurance company explanations of benefits. 51.20 (e) If the public authority provides support enforcement 51.21 services, the party seeking reimbursement must send to the 51.22 public authority a copy of the written notice, the original 51.23 affidavit, and copies of all bills, receipts, and insurance 51.24 company explanations of benefits. 51.25 (f) If the party does not respond to the request for 51.26 reimbursement within 30 days, the party seeking reimbursement or 51.27 public authority, if the public authority provides support 51.28 enforcement services, must commence an enforcement action 51.29 against the party under subdivision 18. 51.30 (g) The public authority must serve the other party with a 51.31 notice of intent to enforce unreimbursed and uninsured medical 51.32 expenses and file an affidavit of service by mail with the 51.33 district court administrator. The notice must state that, 51.34 unless the party (1) pays in full; (2) enters into a payment 51.35 agreement; or (3) files a motion contesting the matter within 14 51.36 days of service of the notice, the public authority will 52.1 commence enforcement of the expenses as medical support arrears 52.2 under subdivision 18. 52.3 (h) If the party files a timely motion for a hearing 52.4 contesting the requested reimbursement, the contesting party 52.5 must schedule a hearing in district court or in the expedited 52.6 child support process if section 484.702 applies. The 52.7 contesting party must provide the party seeking reimbursement 52.8 and the public authority, if the public authority provides 52.9 support enforcement services, with written notice of the hearing 52.10 at least 14 days before the hearing by mailing notice of the 52.11 hearing to the public authority and the party at the party's 52.12 last known address. The party seeking reimbursement must file 52.13 the original affidavit of health care expenses with the court at 52.14 least five days before the hearing. Based upon the evidence 52.15 presented, the district court or child support magistrate must 52.16 determine liability for the expenses and order that the liable 52.17 party is subject to enforcement of the expenses as medical 52.18 support arrears under subdivision 18. 52.19 Subd. 18. [ENFORCING AN ORDER FOR MEDICAL SUPPORT 52.20 ARREARS.] (a) If a party liable for unreimbursed and uninsured 52.21 medical expenses owes a child support obligation to the party 52.22 seeking reimbursement of the expenses, the expenses must be 52.23 collected as medical support arrears. 52.24 (b) If a party liable for unreimbursed and uninsured 52.25 medical expenses does not owe a child support obligation to the 52.26 party seeking reimbursement, and the party seeking reimbursement 52.27 owes the liable party basic support arrears, the liable party's 52.28 medical support arrears must be deducted from the amount of the 52.29 basic support arrears. 52.30 (c) If a liable party owes medical support arrears after 52.31 deducting the amount owed from the amount of the child support 52.32 arrears owed by the party seeking reimbursement, it must be 52.33 collected as follows: 52.34 (1) if the party seeking reimbursement owes a child support 52.35 obligation to the liable party, the child support obligation 52.36 must be reduced by 20 percent until the medical support arrears 53.1 are satisfied; 53.2 (2) if the party seeking reimbursement does not owe a child 53.3 support obligation to the liable party, the liable party's 53.4 income must be subject to income withholding under section 53.5 518.6111 for an amount required under section 518.553 until the 53.6 medical support arrears are satisfied; or 53.7 (3) if the party seeking reimbursement does not owe a child 53.8 support obligation, and income withholding under section 53.9 518.6111 is not available, payment of the medical support 53.10 arrears must be required under a payment agreement under section 53.11 518.553. 53.12 (d) If a liable party fails to enter into or comply with a 53.13 payment agreement, the party seeking reimbursement or the public 53.14 authority, if it provides support enforcement services, may 53.15 schedule a hearing to have a court order payment. The party 53.16 seeking reimbursement or the public authority must provide the 53.17 liable party with written notice of the hearing at least 14 days 53.18 before the hearing. 53.19 Sec. 26. [518.72] [CHILD CARE SUPPORT.] 53.20 Subdivision 1. [CHILD CARE COSTS.] Unless otherwise agreed 53.21 to by the parties and approved by the court, the court must 53.22 order that work-related or education-related child care costs of 53.23 joint children be divided between the obligor and obligee based 53.24 on their proportionate share of the parties' combined monthly 53.25 adjusted gross income. Child care costs shall be adjusted by 53.26 the amount of the estimated federal and state child care credit 53.27 payable on behalf of a joint child. The Department of Human 53.28 Services shall develop tables to calculate the applicable credit 53.29 based upon the custodial parent's adjusted gross income. 53.30 Subd. 2. [LOW-INCOME OBLIGOR.] (a) If the obligor's 53.31 adjusted gross income meets the income eligibility requirements 53.32 for child care assistance under the basic sliding fee program 53.33 under chapter 119B, the court must order the obligor to pay the 53.34 lesser of the following amounts: 53.35 (1) the amount of the obligor's monthly co-payment for 53.36 child care assistance under the basic sliding fee schedule 54.1 established by the commissioner of education under chapter 119B, 54.2 based on an obligor's monthly adjusted gross income and the size 54.3 of the obligor's household provided that the obligee is actually 54.4 receiving child care assistance under the basic sliding fee 54.5 program. For purposes of this subdivision, the obligor's 54.6 household includes the obligor and the number of joint children 54.7 for whom child support is being ordered; or 54.8 (2) the amount of the obligor's child care obligation under 54.9 subdivision 1. 54.10 (b) The commissioner of human services must publish a table 54.11 with the child care assistance basic sliding fee amounts and 54.12 update the table for changes to the basic sliding fee schedule 54.13 by July 1 of each year. 54.14 Subd. 3. [DETERMINING COSTS.] (a) The court must require 54.15 verification of employment or school attendance and 54.16 documentation of child care expenses from the obligee and the 54.17 public authority, if applicable. 54.18 (b) If child care expenses fluctuate during the year 54.19 because of the obligee's seasonal employment or school 54.20 attendance or extended periods of parenting time with the 54.21 obligor, the court must determine child care expenses based on 54.22 an average monthly cost. 54.23 (c) The amount allocated for child care expenses is 54.24 considered child support but is not subject to a cost-of-living 54.25 adjustment under section 518.641. 54.26 (d) The court may allow the parent with whom the joint 54.27 child does not reside to care for the joint child while the 54.28 parent with whom the joint child resides is working or attending 54.29 school, as provided in section 518.175, subdivision 8. Allowing 54.30 the parent with whom the joint child does not reside to care for 54.31 the joint child under section 518.175, subdivision 8, is not a 54.32 reason to deviate from the guidelines. 54.33 Subd. 4. [CHANGE IN CHILD CARE.] (a) When a court order 54.34 provides for child care expenses and the public authority 54.35 provides child support enforcement services, the public 54.36 authority must suspend collecting the amount allocated for child 55.1 care expenses when: 55.2 (1) either party informs the public authority that no child 55.3 care costs are being incurred; and 55.4 (2) the public authority verifies the accuracy of the 55.5 information with the other party. 55.6 The public authority will resume collecting child care expenses 55.7 when either party provides information that child care costs 55.8 have resumed. 55.9 (b) If the parties provide conflicting information to the 55.10 public authority regarding whether child care expenses are being 55.11 incurred, the public authority will continue or resume 55.12 collecting child care expenses. Either party, by motion to the 55.13 court, may challenge the suspension or resumption of the 55.14 collection of child care expenses. If the public authority 55.15 suspends collection activities for the amount allocated for 55.16 child care expenses, all other provisions of the court order 55.17 remain in effect. 55.18 (c) In cases where there is a substantial increase or 55.19 decrease in child care expenses, the parties may modify the 55.20 order under section 518.64. 55.21 Sec. 27. [518.722] [PARENTING EXPENSE ADJUSTMENT.] 55.22 (a) This section shall apply when the amount of parenting 55.23 time granted to an obligor is ten percent or greater. Every 55.24 child support order shall specify the total percent of parenting 55.25 time granted to each parent. 55.26 (b) The obligor shall be entitled to a parenting expense 55.27 adjustment calculated as follows: 55.28 (1) find the adjustment percentage corresponding to the 55.29 percentage of parenting time allowed to the obligor below: 55.30 Percentage Range of Adjustment 55.31 Parenting Time Percentage 55.32 (i) less than 10 percent no adjustment 55.33 (ii) 10 percent to 45 percent 12 percent 55.34 (iii) 45.1 percent to 50 percent presume parenting 55.35 time is equal 55.36 (2) multiply the adjustment percentage by the obligor's 56.1 basic child support obligation to arrive at the parenting 56.2 expense adjustment. 56.3 (c) Subtract the parenting expense adjustment from the 56.4 obligor's basic child support obligation. The result is the 56.5 obligor's obligation after parenting expense adjustment. 56.6 (d) If the parenting time is equal, the expenses for the 56.7 children are equally shared, and the adjusted gross incomes of 56.8 the parents also are equal, no support shall be paid. 56.9 (e) If the parenting time is equal but the parents' 56.10 adjusted gross incomes are not equal, the parent having the 56.11 greater adjusted gross income shall be obligated for basic child 56.12 support, calculated as follows: 56.13 (1) multiply the combined basic support by 1.5; 56.14 (2) prorate the basic child support obligation between the 56.15 parents, subtract the lower amount from the higher amount and 56.16 divide the balance in half; and 56.17 (3) the resulting figure is the obligation after parenting 56.18 expense adjustment for the parent with the greater adjusted 56.19 gross income. 56.20 (f) This parenting expense adjustment reflects the 56.21 presumption that while exercising parenting time, a parent is 56.22 responsible for and incurs costs of caring for the child, 56.23 including, but not limited to, food, transportation, recreation, 56.24 and household expenses. 56.25 Sec. 28. [518.724] [ABILITY TO PAY; SELF-SUPPORT 56.26 ADJUSTMENT.] 56.27 It is a rebuttable presumption that a child support order 56.28 should not exceed the obligor's ability to pay. To determine 56.29 the amount of child support the obligor has the ability to pay, 56.30 follow the procedure set out in this section: 56.31 (1) calculate the obligor's income available for support by 56.32 subtracting a monthly self-support reserve equal to the percent 56.33 of the federal poverty guidelines used to determine the MFIP 56.34 transitional standard for one person from the obligor's gross 56.35 income; 56.36 (2) compare the obligor's income available for support to 57.1 the amount of support calculated as per section 518.713, clauses 57.2 (1) to (15). The amount of child support that is presumed to be 57.3 correct as defined in section 518.713 is the lesser of these two 57.4 amounts; 57.5 (3) this section does not apply to an incarcerated obligor; 57.6 (4) if the obligor's child support is reduced under clause 57.7 (2), then the court must apply the reduction to the child 57.8 support obligation in the following order: 57.9 (i) medical support obligation; 57.10 (ii) child support obligation; and 57.11 (iii) basic support obligation; and 57.12 (5) [MINIMUM BASIC SUPPORT AMOUNT.] if the obligor's income 57.13 available for support is less than the self-support reserve, 57.14 then the court must order minimum support as follows: 57.15 (i) for one or two children, the obligor's basic support 57.16 obligation is $50 per month; 57.17 (ii) for three or four children, the obligor's basic 57.18 support obligation is $75 per month; and 57.19 (iii) for five or more children, the obligor's basic 57.20 support obligation is $100 per month. 57.21 If the court orders the obligor to pay the minimum basic support 57.22 amount under this paragraph, the obligor is presumed unable to 57.23 pay child care support and medical support. 57.24 If the court finds the obligor receives no income and completely 57.25 lacks the ability to earn income, the minimum basic support 57.26 amount under this paragraph does not apply. 57.27 Sec. 29. [518.725] [GUIDELINE USED IN CHILD SUPPORT 57.28 DETERMINATIONS.] 57.29 Subdivision 1. [DETERMINATION OF SUPPORT OBLIGATION.] (a) 57.30 The guideline in this section is a rebuttable presumption and 57.31 shall be used in any judicial or administrative proceeding to 57.32 establish or modify a support obligation under chapter 518. 57.33 (b) The basic child support obligation shall be determined 57.34 by referencing the guideline for the appropriate number of joint 57.35 children and the combined adjusted gross income of the parents. 57.36 (c) If a child is not in the custody of either parent and a 58.1 support order is sought against one or both parents, the basic 58.2 child support obligation shall be determined by referencing the 58.3 guideline for the appropriate number of joint children, and the 58.4 parent's individual adjusted gross income, not the combined 58.5 adjusted gross income of the parents. 58.6 (d) For combined adjusted gross incomes exceeding $15,000 58.7 per month, the presumed basic child support obligations shall be 58.8 as for parents with combined adjusted gross income of $15,000 58.9 per month. A basic child support obligation in excess of this 58.10 level may be demonstrated for those reasons set forth in section 58.11 518.714. 58.12 Subd. 2. [BASIC SUPPORT; GUIDELINE.] Unless otherwise 58.13 agreed to by the parents and approved by the court, when 58.14 establishing basic support, the court must order that basic 58.15 support be divided between the parents based on their 58.16 proportionate share of the parents' combined monthly income, as 58.17 determined under section 518.713. Basic support must be 58.18 computed using the following guideline: 58.19 Parents' Number of Children 58.20 Combined Adjusted 58.21 Gross Income One Two Three Four Five Six 58.22 $0- $799 $50 $50 $75 $75 $100 $100 58.23 800- 899 80 129 149 173 201 233 58.24 900- 999 90 145 167 194 226 262 58.25 1,000- 1,099 116 161 186 216 251 291 58.26 1,100- 1,199 145 205 237 275 320 370 58.27 1,200- 1,299 177 254 294 341 396 459 58.28 1,300- 1,399 212 309 356 414 480 557 58.29 1,400- 1,499 251 368 425 493 573 664 58.30 1,500- 1,599 292 433 500 580 673 780 58.31 1,600- 1,699 337 502 580 673 781 905 58.32 1,700- 1,799 385 577 666 773 897 1,040 58.33 1,800- 1,899 436 657 758 880 1,021 1,183 58.34 1,900- 1,999 490 742 856 994 1,152 1,336 58.35 2,000- 2,099 516 832 960 1,114 1,292 1,498 58.36 2,100- 2,199 528 851 981 1,139 1,320 1,531 58.37 2,200- 2,299 538 867 1,000 1,160 1,346 1,561 59.1 2,300- 2,399 546 881 1,016 1,179 1,367 1,586 59.2 2,400- 2,499 554 893 1,029 1,195 1,385 1,608 59.3 2,500- 2,599 560 903 1,040 1,208 1,400 1,625 59.4 2,600- 2,699 570 920 1,060 1,230 1,426 1,655 59.5 2,700- 2,799 580 936 1,078 1,251 1,450 1,683 59.6 2,800- 2,899 589 950 1,094 1,270 1,472 1,707 59.7 2,900- 2,999 596 963 1,109 1,287 1,492 1,730 59.8 3,000- 3,099 603 975 1,122 1,302 1,509 1,749 59.9 3,100- 3,199 613 991 1,141 1,324 1,535 1,779 59.10 3,200- 3,299 623 1,007 1,158 1,344 1,558 1,807 59.11 3,300- 3,399 632 1,021 1,175 1,363 1,581 1,833 59.12 3,400- 3,499 640 1,034 1,190 1,380 1,601 1,857 59.13 3,500- 3,599 648 1,047 1,204 1,397 1,621 1,880 59.14 3,600- 3,699 657 1,062 1,223 1,418 1,646 1,909 59.15 3,700- 3,799 667 1,077 1,240 1,439 1,670 1,937 59.16 3,800- 3,899 676 1,018 1,257 1,459 1,693 1,963 59.17 3,900- 3,999 684 1,104 1,273 1,478 1,715 1,988 59.18 4,000- 4,099 692 1,116 1,288 1,496 1,736 2,012 59.19 4,100- 4,199 701 1,132 1,305 1,516 1,759 2,039 59.20 4,200- 4,299 710 1,147 1,322 1,536 1,781 2,064 59.21 4,300- 4,399 718 1,161 1,338 1,554 1,802 2,088 59.22 4,400- 4,499 726 1,175 1,353 1,572 1,822 2,111 59.23 4,500- 4,599 734 1,184 1,368 1,589 1,841 2,133 59.24 4,600- 4,699 743 1,200 1,386 1,608 1,864 2,160 59.25 4,700- 4,799 753 1,215 1,402 1,627 1,887 2,186 59.26 4,800- 4,899 762 1,231 1,419 1,645 1,908 2,212 59.27 4,900- 4,999 771 1,246 1,435 1,663 1,930 2,236 59.28 5,000- 5,099 780 1,260 1,450 1,680 1,950 2,260 59.29 5,100- 5,199 788 1,275 1,468 1,701 1,975 2,289 59.30 5,200- 5,299 797 1,290 1,485 1,722 1,999 2,317 59.31 5,300- 5,399 805 1,304 1,502 1,743 2,022 2,345 59.32 5,400- 5,499 812 1,318 1,518 1,763 2,046 2,372 59.33 5,500- 5,599 820 1,331 1,535 1,782 2,068 2,398 59.34 5,600- 5,699 829 1,346 1,551 1,801 2,090 2,424 59.35 5,700- 5,799 838 1,357 1,568 1,819 2,111 2,449 59.36 5,800- 5,899 847 1,376 1,583 1,837 2,132 2,473 60.1 5,900- 5,999 856 1,390 1,599 1,855 2,152 2,497 60.2 6,000- 6,099 864 1,404 1,614 1,872 2,172 2,520 60.3 6,100- 6,199 874 1,419 1,631 1,892 2,195 2,546 60.4 6,200- 6,299 883 1,433 1,645 1,912 2,217 2,572 60.5 6,300- 6,399 892 1,448 1,664 1,932 2,239 2,597 60.6 6,400- 6,499 901 1,462 1,682 1,951 2,260 2,621 60.7 6,500- 6,599 910 1,476 1,697 1,970 2,282 2,646 60.8 6,600- 6,699 919 1,490 1,713 1,989 2,305 2,673 60.9 6,700- 6,799 927 1,505 1,730 2,009 2,328 2,700 60.10 6,800- 6,899 936 1,519 1,746 2,028 2,350 2,727 60.11 6,900- 6,999 944 1,533 1,762 2,047 2,379 2,753 60.12 7,000- 7,099 952 1,547 1,778 2,065 2,394 2,779 60.13 7,100- 7,199 961 1,561 1,795 2,085 2,417 2,805 60.14 7,200- 7,299 971 1,574 1,812 2,104 2,439 2,830 60.15 7,300- 7,399 980 1,587 1,828 2,123 2,462 2,854 60.16 7,400- 7,499 989 1,600 1,844 2,142 2,483 2,879 60.17 7,500- 7,599 998 1,613 1,860 2,160 2,505 2,903 60.18 7,600- 7,699 1,006 1,628 1,877 2,180 2,528 2,929 60.19 7,700- 7,799 1,015 1,643 1,894 2,199 2,550 2,955 60.20 7,800- 7,899 1,023 1,658 1,911 2,218 2,572 2,981 60.21 7,900- 7,999 1,032 1,673 1,928 2,237 2,594 3,007 60.22 8,000- 8,099 1,040 1,688 1,944 2,256 2,616 3,032 60.23 8,100- 8,199 1,048 1,703 1,960 2,274 2,637 3,057 60.24 8,200- 8,299 1,056 1,717 1,976 2,293 2,658 3,082 60.25 8,300- 8,399 1,064 1,731 1,992 2,311 2,679 3,106 60.26 8,400- 8,499 1,072 1,746 2,008 2,328 2,700 3,130 60.27 8,500- 8,599 1,080 1,760 2,023 2,346 2,720 3,154 60.28 8,600- 8,699 1,092 1,780 2,047 2,374 2,752 3,191 60.29 8,700- 8,799 1,105 1,801 2,071 2,401 2,784 3,228 60.30 8,800- 8,899 1,118 1,822 2,094 2,429 2,816 3,265 60.31 8,900- 8,999 1,130 1,842 2,118 2,456 2,848 3,302 60.32 9,000- 9,099 1,143 1,863 2,142 2,484 2,880 3,339 60.33 9,100- 9,199 1,156 1,884 2,166 2,512 2,912 3,376 60.34 9,200- 9,299 1,168 1,904 2,190 2,539 2,944 3,413 60.35 9,300- 9,399 1,181 1,925 2,213 2,567 2,976 3,450 60.36 9,400- 9,499 1,194 1,946 2,237 2,594 3,008 3,487 61.1 9,500- 9,599 1,207 1,967 2,261 2,622 3,040 3,525 61.2 9,600- 9,699 1,219 1,987 2,285 2,650 3,072 3,562 61.3 9,700- 9,799 1,232 2,008 2,309 2,677 3,104 3,599 61.4 9,800- 9,899 1,245 2,029 2,332 2,705 3,136 3,636 61.5 9,900- 9,999 1,257 2,049 2,356 2,732 3,168 3,673 61.6 10,000-10,099 1,270 2,070 2,380 2,760 3,200 3,710 61.7 10,100-10,199 1,283 2,091 2,404 2,788 3,232 3,747 61.8 10,200-10,299 1,295 2,111 2,428 2,815 3,264 3,784 61.9 10,300-10,399 1,308 2,132 2,451 2,843 3,296 3,821 61.10 10,400-10,499 1,321 2,153 2,475 2,870 3,328 3,858 61.11 10,500-10,599 1,334 2,174 2,499 2,898 3,360 3,896 61.12 10,600-10,699 1,346 2,194 2,523 2,926 3,392 3,933 61.13 10,700-10,799 1,359 2,215 2,547 2,953 3,424 3,970 61.14 10,800-10,899 1,372 2,236 2,570 2,981 3,456 4,007 61.15 10,900-10,999 1,384 2,256 2,594 3,008 3,488 4,044 61.16 11,000-11,099 1,397 2,277 2,618 3,036 3,520 4,081 61.17 11,100-11,199 1,410 2,298 2,642 3,064 3,552 4,118 61.18 11,200-11,299 1,422 2,318 2,666 3,091 3,584 4,155 61.19 11,300-11,399 1,435 2,339 2,689 3,119 3,616 4,192 61.20 11,400-11,499 1,448 2,360 2,713 3,146 3,648 4,229 61.21 11,500-11,599 1,461 2,381 2,737 3,174 3,680 4,267 61.22 11,600-11,699 1,473 2,401 2,761 3,202 3,712 4,304 61.23 11,700-11,799 1,486 2,422 2,785 3,229 3,744 4,341 61.24 11,800-11,899 1,499 2,443 2,808 3,257 3,776 4,378 61.25 11,900-11,999 1,511 2,463 2,832 3,284 3,808 4,415 61.26 12,000-12,099 1,524 2,484 2,856 3,312 3,840 4,452 61.27 12,100-12,199 1,537 2,505 2,880 3,340 3,872 4,489 61.28 12,200-12,299 1,549 2,525 2,904 3,367 3,904 4,526 61.29 12,300-12,399 1,562 2,546 2,927 3,395 3,936 4,563 61.30 12,400-12,499 1,575 2,567 2,951 3,422 3,968 4,600 61.31 12,500-12,599 1,588 2,588 2,975 3,450 4,000 4,638 61.32 12,600-12,699 1,600 2,608 2,999 3,478 4,032 4,675 61.33 12,700-12,799 1,613 2,629 3,023 3,505 4,064 4,712 61.34 12,800-12,899 1,626 2,650 3,046 3,533 4,096 4,749 61.35 12,900-12,999 1,638 2,670 3,070 3,560 4,128 4,786 61.36 13,000-13,099 1,651 2,691 3,094 3,588 4,160 4,823 62.1 13,100-13,199 1,664 2,712 3,118 3,616 4,192 4,860 62.2 13,200-13,299 1,676 2,732 3,142 3,643 4,224 4,897 62.3 13,300-13,399 1,689 2,753 3,165 3,671 4,256 4,934 62.4 13,400-13,499 1,702 2,774 3,189 3,698 4,288 4,971 62.5 13,500-13,599 1,715 2,795 3,213 3,726 4,320 5,009 62.6 13,600-13,699 1,727 2,815 3,237 3,754 4,352 5,046 62.7 13,700-13,799 1,740 2,836 3,261 3,781 4,384 5,083 62.8 13,800-13,899 1,753 2,857 3,284 3,809 4,416 5,120 62.9 13,900-13,999 1,765 2,877 3,308 3,836 4,448 5,157 62.10 14,000-14,009 1,778 2,898 3,332 3,864 4,480 5,194 62.11 14,100-14,199 1,791 2,919 3,356 3,892 4,512 5,231 62.12 14,200-14,299 1,803 2,939 3,380 3,919 4,544 5,268 62.13 14,300-14,399 1,816 2,960 3,403 3,947 4,576 5,305 62.14 14,400-14,499 1,829 2,981 3,427 3,974 4,608 5,342 62.15 14,500-14,599 1,842 3,002 3,451 4,002 4,640 5,380 62.16 14,600-14,699 1,854 3,022 3,475 4,030 4,672 5,417 62.17 14,700-14,799 1,867 3,043 3,499 4,057 4,704 5,454 62.18 14,800-14,899 1,880 3,064 3,522 4,085 4,736 5,491 62.19 14,900-14,999 1,892 3,084 3,546 4,112 4,768 5,528 62.20 15,000, or 1,905 3,105 3,570 4,140 4,800 5,565 62.21 the amount 62.22 in effect 62.23 under subd. 4 62.24 Subd. 3. [INCOME CAP ON DETERMINING BASIC SUPPORT.] (a) 62.25 The basic support obligation for parents with a combined monthly 62.26 income in excess of the income limit currently in effect under 62.27 subdivision 1 must be the same dollar amount as provided for 62.28 parties with a combined monthly income equal to the income limit 62.29 in effect under subdivision 1. 62.30 (b) A court may order a basic support obligation in a child 62.31 support order in an amount that exceeds the income limit in 62.32 subdivision 1 if it finds that a child has a disability or other 62.33 substantial, demonstrated need for the additional support and 62.34 that the additional support will directly benefit the child. 62.35 (c) The dollar amount for the cap in subdivision 1 must be 62.36 adjusted on July 1 of every even-numbered year to reflect 62.37 cost-of-living changes. The Supreme Court must select the index 63.1 for the adjustment from the indices listed in section 518.641, 63.2 subdivision 1. The state court administrator must make the 63.3 changes in the dollar amounts required by this paragraph 63.4 available to courts and the public on or before April 30 of the 63.5 year in which the amount is to change. 63.6 Subd. 4. [MORE THAN SIX CHILDREN.] If a child support 63.7 proceeding involves more than six children, the court may derive 63.8 a support order without specifically following the guidelines. 63.9 However, the court must consider the basic principles 63.10 encompassed by the guidelines and must consider both parents' 63.11 needs, resources, and circumstances. 63.12 Subd. 5. [REPORT TO LEGISLATURE.] No later than 2006 and 63.13 every four years after that, the commissioner of human services 63.14 shall conduct a review of the child support guidelines. 63.15 Subd. 6. [FINDINGS; DEVIATION.] The guidelines in this 63.16 section are a rebuttable presumption and shall be used in all 63.17 cases when establishing or modifying child support. If the 63.18 court does not deviate from the guidelines, the court shall make 63.19 written findings concerning the amount of the obligor's income 63.20 used as the basis for the guidelines calculation and any other 63.21 significant evidentiary factors affecting the determination of 63.22 child support. If the court deviates from the guidelines, the 63.23 court shall make written findings giving the amount of support 63.24 calculated under the guidelines, the reasons for the deviation, 63.25 and shall specifically address the criteria in section 518.714 63.26 and how the deviation serves the best interest of the child. 63.27 The court may deviate from the guidelines if both parties agree 63.28 and the court makes written findings that it is in the best 63.29 interests of the child, except that in cases where child support 63.30 payments are assigned to the public agency under section 63.31 256.741, the court may deviate downward only as provided in 63.32 subdivision 7 of that section. Nothing in this paragraph 63.33 prohibits the court from deviating in other cases. The 63.34 provisions of this paragraph apply whether or not the parties 63.35 are each represented by independent counsel and have entered 63.36 into a written agreement. The court shall review stipulations 64.1 presented to it for conformity to the guidelines and the court 64.2 is not required to conduct a hearing, but the parties shall 64.3 provide the required documentation of earnings. 64.4 Sec. 30. [518.729] [WORKSHEET.] 64.5 The commissioner of human services must create and publish 64.6 a worksheet to assist in calculating child support under 64.7 sections 518.712 to 518.729. The worksheet must not impose 64.8 substantive requirements other than requirements contained in 64.9 sections 518.712 to 518.729. The commissioner must update the 64.10 worksheet by July 1 of each year. The commissioner must make an 64.11 interactive version of the worksheet available on the Department 64.12 of Human Services Web site. 64.13 Sec. 31. [STUDY OF ECONOMIC IMPACT OF CHILD SUPPORT 64.14 GUIDELINES.] 64.15 The commissioner of human services shall contract with a 64.16 private provider to conduct an economic analysis of the child 64.17 support guidelines contained in this act to evaluate whether the 64.18 guidelines fairly represent the cost of raising children for the 64.19 respective parental income levels, excluding medical support, 64.20 child care, and education costs. 64.21 The results of the study shall be completed by no later 64.22 than January 30, 2006. The private provider must have 64.23 experience in evaluating or establishing child support 64.24 guidelines, using the income shares approach, in other states. 64.25 Sec. 32. [REVISOR'S INSTRUCTION.] 64.26 The revisor of statutes shall renumber the provisions of 64.27 Minnesota Statutes listed in column A to the references listed 64.28 in column B. The revisor shall also make necessary 64.29 cross-reference changes in Minnesota Statutes and Minnesota 64.30 Rules consistent with the renumbering. 64.31 Column A Column B 64.32 518.5513 518.741 64.33 518.553 518.743 64.34 518.57 518.745 64.35 518.575 518.747 64.36 518.585 518.749 65.1 518.5851 518.751 65.2 518.5852 518.752 65.3 518.5853 518.753 65.4 518.6111 518.755 65.5 518.612 518.757 65.6 518.614 518.759 65.7 518.615 518.761 65.8 518.616 518.763 65.9 518.617 518.765 65.10 518.618 518.767 65.11 518.6195 518.769 65.12 518.6196 518.770 65.13 518.641 518.771 65.14 518.642 518.773 65.15 Sec. 33. [APPROPRIATIONS.] 65.16 $860,000 is appropriated in fiscal year 2006 and $1,350,000 65.17 is appropriated in fiscal year 2007 from the general fund to the 65.18 commissioner of human services to fund implementation of this 65.19 act and to reimburse counties for their implementation costs. 65.20 The commissioner of human services shall distribute funds to the 65.21 counties for their costs of implementation based upon their 65.22 total county IV-D caseload. The appropriation base in fiscal 65.23 year 2008 for grants to counties shall be $1,350,000. 65.24 $1,320,000 is appropriated in fiscal year 2007 from the 65.25 general fund to the supreme court administrator to fund 65.26 implementation of this act. This is a onetime appropriation. 65.27 Sec. 34. [REPEALER.] 65.28 Minnesota Statutes 2004, sections 518.171; 518.54, 65.29 subdivisions 2, 4, and 4a; and 518.551, subdivisions 1, 5a, 5c, 65.30 and 5f, are repealed. 65.31 Sec. 35. [EFFECTIVE DATE.] 65.32 This act is effective January 1, 2007, and applies to 65.33 orders adopted or modified after that date.