SF 644

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

  1.1                          A bill for an act 
  1.2             relating to family law; requiring notification of 
  1.3             noncustodial parents, corrections agents, local 
  1.4             welfare agencies, and the court, of residence of a 
  1.5             custodial parent with certain convicted persons; 
  1.6             changing certain presumptions relating to paternity; 
  1.7             disallowing certain convicted persons from becoming 
  1.8             custodians of unrelated children; changing certain 
  1.9             procedures for removal of a child's residence from 
  1.10            Minnesota; requiring certain information in summary 
  1.11            real estate disposition judgments; identifying pension 
  1.12            plans subject to marital property division; 
  1.13            authorizing the Department of Human Services to 
  1.14            collect spousal maintenance; changing certain 
  1.15            provisions concerning adoption communication or 
  1.16            contact agreements; amending Minnesota Statutes 2004, 
  1.17            sections 257.55, subdivision 1; 257.57, subdivision 2; 
  1.18            257.62, subdivision 5; 257C.03, subdivision 7; 259.58; 
  1.19            518.1705, subdivision 7; 518.175, subdivision 3; 
  1.20            518.179, by adding a subdivision; 518.18; 518.191, 
  1.21            subdivision 2; 518.58, subdivision 4; proposing coding 
  1.22            for new law in Minnesota Statutes, chapters 244; 257. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  [244.057] [OFFENDERS RESIDING IN HOUSEHOLDS 
  1.25  WITH CHILDREN; NOTICE TO CORRECTIONS AGENT.] 
  1.26     An offender required to register as a predatory offender 
  1.27  under section 243.166 shall inform the offender's corrections 
  1.28  agent if the offender is residing in a household where a child 
  1.29  is residing.  The offender shall inform the agent of the name, 
  1.30  age, and relationship to the offender of all children residing 
  1.31  in the household.  
  1.32     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  1.33  and applies to persons under correctional supervision on or 
  1.34  after that date. 
  2.1      Sec. 2.  [257.026] [NOTIFICATION OF RESIDENCE WITH CERTAIN 
  2.2   CONVICTED PERSONS.] 
  2.3      A person who is granted custody of a child under this 
  2.4   chapter or chapter 518 must notify the child's noncustodial 
  2.5   parent, if any, the local welfare agency, and the court that 
  2.6   granted the custody if the person with custody knowingly marries 
  2.7   or lives in the same residence with a person who has been 
  2.8   convicted of a crime listed in section 518.179, subdivision 2. 
  2.9      Sec. 3.  Minnesota Statutes 2004, section 257.55, 
  2.10  subdivision 1, is amended to read: 
  2.11     Subdivision 1.  [PRESUMPTION.] A man is presumed to be the 
  2.12  biological father of a child if:  
  2.13     (a) He and the child's biological mother are or have been 
  2.14  married to each other and the child is born during the marriage, 
  2.15  or within 280 days after the marriage is terminated by death, 
  2.16  annulment, declaration of invalidity, dissolution, or divorce, 
  2.17  or after a decree of legal separation is entered by a court.  
  2.18  The presumption in this paragraph does not apply if the man has 
  2.19  joined in a recognition of parentage recognizing another man as 
  2.20  the biological father under section 257.75, subdivision 1a; 
  2.21     (b) Before the child's birth, he and the child's biological 
  2.22  mother have attempted to marry each other by a marriage 
  2.23  solemnized in apparent compliance with law, although the 
  2.24  attempted marriage is or could be declared void, voidable, or 
  2.25  otherwise invalid, and, 
  2.26     (1) if the attempted marriage could be declared invalid 
  2.27  only by a court, the child is born during the attempted 
  2.28  marriage, or within 280 days after its termination by death, 
  2.29  annulment, declaration of invalidity, dissolution or divorce; or 
  2.30     (2) if the attempted marriage is invalid without a court 
  2.31  order, the child is born within 280 days after the termination 
  2.32  of cohabitation; 
  2.33     (c) After the child's birth, he and the child's biological 
  2.34  mother have married, or attempted to marry, each other by a 
  2.35  marriage solemnized in apparent compliance with law, although 
  2.36  the attempted marriage is or could be declared void, voidable, 
  3.1   or otherwise invalid, and, 
  3.2      (1) he has acknowledged his paternity of the child in 
  3.3   writing filed with the state registrar of vital statistics; 
  3.4      (2) with his consent, he is named as the child's father on 
  3.5   the child's birth record; or 
  3.6      (3) he is obligated to support the child under a written 
  3.7   voluntary promise or by court order; 
  3.8      (d) While the child is under the age of majority, he 
  3.9   receives the child into his home During the first two years of 
  3.10  the child's life, he resided in the same household with the 
  3.11  child for at least 12 months and openly holds held out the child 
  3.12  as his biological child own; 
  3.13     (e) He and the child's biological mother acknowledge his 
  3.14  paternity of the child in a writing signed by both of them under 
  3.15  section 257.34 and filed with the state registrar of vital 
  3.16  statistics.  If another man is presumed under this paragraph to 
  3.17  be the child's father, acknowledgment may be effected only with 
  3.18  the written consent of the presumed father or after the 
  3.19  presumption has been rebutted; 
  3.20     (f) Evidence of statistical probability of paternity based 
  3.21  on blood or genetic testing establishes the likelihood that he 
  3.22  is the father of the child, calculated with a prior probability 
  3.23  of no more than 0.5 (50 percent), is 99 percent or greater; 
  3.24     (g) He and the child's biological mother have executed a 
  3.25  recognition of parentage in accordance with section 257.75 and 
  3.26  another man is presumed to be the father under this subdivision; 
  3.27     (h) (g) He and the child's biological mother have executed 
  3.28  a recognition of parentage in accordance with section 257.75 and 
  3.29  another man and the child's mother have executed a recognition 
  3.30  of parentage in accordance with section 257.75; or 
  3.31     (i) (h) He and the child's biological mother executed a 
  3.32  recognition of parentage in accordance with section 257.75 when 
  3.33  either or both of the signatories were less than 18 years of age.
  3.34     Sec. 4.  Minnesota Statutes 2004, section 257.57, 
  3.35  subdivision 2, is amended to read: 
  3.36     Subd. 2.  [ACTIONS UNDER OTHER PARAGRAPHS OF SECTION 
  4.1   257.55, SUBDIVISION 1.] The child, the mother, or personal 
  4.2   representative of the child, the public authority chargeable by 
  4.3   law with the support of the child, the personal representative 
  4.4   or a parent of the mother if the mother has died or is a minor, 
  4.5   a man alleged or alleging himself to be the father, or the 
  4.6   personal representative or a parent of the alleged father if the 
  4.7   alleged father has died or is a minor may bring an action: 
  4.8      (1) at any time for the purpose of declaring the existence 
  4.9   of the father and child relationship presumed under section 
  4.10  sections 257.55, subdivision 1, paragraph (d), (e), (f), (g), or 
  4.11  (h), and 257.62, subdivision 5, paragraph (b), or the 
  4.12  nonexistence of the father and child relationship presumed under 
  4.13  section 257.55, subdivision 1, clause (d) of that subdivision; 
  4.14     (2) for the purpose of declaring the nonexistence of the 
  4.15  father and child relationship presumed under section 257.55, 
  4.16  subdivision 1, paragraph (e) or (g), only if the action is 
  4.17  brought within six months after the person bringing the action 
  4.18  obtains the results of blood or genetic tests that indicate that 
  4.19  the presumed father is not the father of the child; 
  4.20     (3) for the purpose of declaring the nonexistence of the 
  4.21  father and child relationship presumed under section 257.55, 
  4.22  subdivision 1, paragraph (f) 257.62, subdivision 5, paragraph 
  4.23  (b), only if the action is brought within three years after the 
  4.24  party bringing the action, or the party's attorney of record, 
  4.25  has been provided the blood or genetic test results; or 
  4.26     (4) for the purpose of declaring the nonexistence of the 
  4.27  father and child relationship presumed under section 257.75, 
  4.28  subdivision 9, only if the action is brought by the minor 
  4.29  signatory within six months after the minor signatory reaches 
  4.30  the age of 18.  In the case of a recognition of parentage 
  4.31  executed by two minor signatories, the action to declare the 
  4.32  nonexistence of the father and child relationship must be 
  4.33  brought within six months after the youngest signatory reaches 
  4.34  the age of 18. 
  4.35     Sec. 5.  Minnesota Statutes 2004, section 257.62, 
  4.36  subdivision 5, is amended to read: 
  5.1      Subd. 5.  [POSITIVE TEST RESULTS.] (a) If the results of 
  5.2   blood or genetic tests completed in a laboratory accredited by 
  5.3   the American Association of Blood Banks indicate that the 
  5.4   likelihood of the alleged father's paternity, calculated with a 
  5.5   prior probability of no more than 0.5 (50 percent), is 92 
  5.6   percent or greater, upon motion the court shall order the 
  5.7   alleged father to pay temporary child support determined 
  5.8   according to chapter 518.  The alleged father shall pay the 
  5.9   support money to the public authority if the public authority is 
  5.10  a party and is providing services to the parties or, if not, 
  5.11  into court pursuant to the Rules of Civil Procedure to await the 
  5.12  results of the paternity proceedings.  
  5.13     (b) If the results of blood or genetic tests completed in a 
  5.14  laboratory accredited by the American Association of Blood Banks 
  5.15  indicate that likelihood of the alleged father's paternity, 
  5.16  calculated with a prior probability of no more than 0.5 (50 
  5.17  percent), is 99 percent or greater, there is an evidentiary 
  5.18  presumption that the alleged father is presumed to be the parent 
  5.19  biological father and the party opposing the establishment of 
  5.20  the alleged father's paternity has the burden of proving by 
  5.21  clear and convincing evidence that the alleged father is not the 
  5.22  father of the child. 
  5.23     A determination under this subdivision that the alleged 
  5.24  father is the biological father does not preclude the 
  5.25  adjudication of another man as the legal father pursuant to 
  5.26  section 257.55, subdivision 2, nor does it allow the donor of 
  5.27  genetic material for assisted reproduction for the benefit of 
  5.28  the recipient parent(s), whether sperm or ovum (egg), to claim 
  5.29  to be the child's biological and/or legal parent. 
  5.30     Sec. 6.  Minnesota Statutes 2004, section 257C.03, 
  5.31  subdivision 7, is amended to read: 
  5.32     Subd. 7.  [INTERESTED THIRD PARTY; BURDEN OF PROOF; 
  5.33  FACTORS.] (a) To establish that an individual is an interested 
  5.34  third party, the individual must: 
  5.35     (1) show by clear and convincing evidence that one of the 
  5.36  following factors exist: 
  6.1      (i) the parent has abandoned, neglected, or otherwise 
  6.2   exhibited disregard for the child's well-being to the extent 
  6.3   that the child will be harmed by living with the parent; 
  6.4      (ii) placement of the child with the individual takes 
  6.5   priority over preserving the day-to-day parent-child 
  6.6   relationship because of the presence of physical or emotional 
  6.7   danger to the child, or both; or 
  6.8      (iii) other extraordinary circumstances; and 
  6.9      (2) prove by a preponderance of the evidence that it is in 
  6.10  the best interests of the child to be in the custody of the 
  6.11  interested third party; and 
  6.12     (3) show by clear and convincing evidence that granting the 
  6.13  petition would not violate section 518.179, subdivision 1a. 
  6.14     (b) The following factors must be considered by the court 
  6.15  in determining an interested third party's petition: 
  6.16     (1) the amount of involvement the interested third party 
  6.17  had with the child during the parent's absence or during the 
  6.18  child's lifetime; 
  6.19     (2) the amount of involvement the parent had with the child 
  6.20  during the parent's absence; 
  6.21     (3) the presence or involvement of other interested third 
  6.22  parties; 
  6.23     (4) the facts and circumstances of the parent's absence; 
  6.24     (5) the parent's refusal to comply with conditions for 
  6.25  retaining custody set forth in previous court orders; 
  6.26     (6)  whether the parent now seeking custody was previously 
  6.27  prevented from doing so as a result of domestic violence; 
  6.28     (7) whether a sibling of the child is already in the care 
  6.29  of the interested third party; and 
  6.30     (8) the existence of a standby custody designation under 
  6.31  chapter 257B. 
  6.32     (c) In determining the best interests of the child, the 
  6.33  court must apply the standards in section 257C.04. 
  6.34     Sec. 7.  Minnesota Statutes 2004, section 259.58, is 
  6.35  amended to read: 
  6.36     259.58 [COMMUNICATION OR CONTACT AGREEMENTS.] 
  7.1      Adoptive parents and a birth relative or foster parents may 
  7.2   enter an agreement regarding communication with or contact 
  7.3   between an adopted minor, adoptive parents, and a birth relative 
  7.4   or foster parents under this section.  An agreement may be 
  7.5   entered between: 
  7.6      (1) adoptive parents and a birth parent; 
  7.7      (2) adoptive parents and any other birth relative or foster 
  7.8   parent with whom the child resided before being adopted; or 
  7.9      (3) adoptive parents and any other birth relative if the 
  7.10  child is adopted by a birth relative upon the death of both 
  7.11  birth parents. 
  7.12     For purposes of this section, "birth relative" means a 
  7.13  parent, stepparent, grandparent, brother, sister, uncle, or aunt 
  7.14  of a minor adoptee.  This relationship may be by blood, 
  7.15  adoption, or marriage.  For an Indian child, birth relative 
  7.16  includes members of the extended family as defined by the law or 
  7.17  custom of the Indian child's tribe or, in the absence of laws or 
  7.18  custom, nieces, nephews, or first or second cousins, as provided 
  7.19  in the Indian Child Welfare Act, United States Code, title 25, 
  7.20  section 1903.  
  7.21     (a) An agreement regarding communication with or contact 
  7.22  between minor adoptees, adoptive parents, and a birth relative 
  7.23  is not legally enforceable unless the terms of the agreement are 
  7.24  contained in a written court order entered in accordance with 
  7.25  this section.  An order may be sought at any time before a 
  7.26  decree of adoption is granted.  The order must be issued within 
  7.27  30 days of being submitted to the court or by the granting of 
  7.28  the decree of adoption, whichever is earlier.  The court shall 
  7.29  not enter a proposed order unless the terms of the order have 
  7.30  been approved in writing by the prospective adoptive parents, a 
  7.31  birth relative or foster parent who desires to be a party to the 
  7.32  agreement, and, if the child is in the custody of or under the 
  7.33  guardianship of an agency, a representative of the agency.  A 
  7.34  birth parent must approve in writing of an agreement between 
  7.35  adoptive parents and any other birth relative or foster parent, 
  7.36  unless an action has been filed against the birth parent by a 
  8.1   county under chapter 260.  An agreement under this section need 
  8.2   not disclose the identity of the parties to be legally 
  8.3   enforceable.  The court shall not enter a proposed order unless 
  8.4   the court finds that the communication or contact between the 
  8.5   minor adoptee, the adoptive parents, and a birth relative as 
  8.6   agreed upon and contained in the proposed order would be in the 
  8.7   minor adoptee's best interests.  The court shall mail a 
  8.8   certified copy of the order to the parties to the agreement or 
  8.9   their representatives at the addresses provided by the 
  8.10  petitioners. 
  8.11     (b) Failure to comply with the terms of an agreed order 
  8.12  regarding communication or contact that has been entered by the 
  8.13  court under this section is not grounds for: 
  8.14     (1) setting aside an adoption decree; or 
  8.15     (2) revocation of a written consent to an adoption after 
  8.16  that consent has become irrevocable. 
  8.17     (c) An agreed order entered under this section may be 
  8.18  enforced by filing a petition or motion with the family court 
  8.19  that includes a certified copy of the order granting the 
  8.20  communication, contact, or visitation, but only if the petition 
  8.21  or motion is accompanied by an affidavit that the parties have 
  8.22  mediated or attempted to mediate any dispute under the agreement 
  8.23  or that the parties agree to a proposed modification.  The 
  8.24  prevailing party may be awarded reasonable attorney's fees and 
  8.25  costs.  The court shall not modify an agreed order under this 
  8.26  section unless it finds that the modification is necessary to 
  8.27  serve the best interests of the minor adoptee, and: 
  8.28     (1) the modification is agreed to by the parties to the 
  8.29  agreement; or 
  8.30     (2) exceptional circumstances have arisen since the agreed 
  8.31  order was entered that justify modification of the order. 
  8.32     (d) For children under state guardianship when there is a 
  8.33  written communication or contact agreement between prospective 
  8.34  adoptive parents and birth relatives other than birth parents it 
  8.35  must be included in the final adoption decree.  If, prior to 
  8.36  entry of the adoption decree, the prospective adoptive parents 
  9.1   do not honor the communication or contact agreement, the court 
  9.2   shall determine the terms of the communication and contact 
  9.3   agreement. 
  9.4      Sec. 8.  Minnesota Statutes 2004, section 518.1705, 
  9.5   subdivision 7, is amended to read: 
  9.6      Subd. 7.  [MOVING THE CHILD TO ANOTHER STATE.] Parents may 
  9.7   agree, but the court must not require, that in a parenting plan 
  9.8   the factors in section 518.17 or 257.025, as applicable, upon 
  9.9   the legal standard that will govern a decision concerning 
  9.10  removal of a child's residence from this state, provided that: 
  9.11     (1) both parents were represented by counsel when the 
  9.12  parenting plan was approved; or 
  9.13     (2) the court found the parents were fully informed, the 
  9.14  agreement was voluntary, and the parents were aware of its 
  9.15  implications. 
  9.16     Sec. 9.  Minnesota Statutes 2004, section 518.175, 
  9.17  subdivision 3, is amended to read: 
  9.18     Subd. 3.  [MOVE TO ANOTHER STATE.] The parent with whom the 
  9.19  child resides shall not move the residence of the child to 
  9.20  another state except upon order of the court or with the consent 
  9.21  of the other parent, if the other parent has been given 
  9.22  parenting time by the decree.  If the purpose of the move is to 
  9.23  interfere with parenting time given to the other parent by the 
  9.24  decree, the court shall not permit the child's residence to be 
  9.25  moved to another state. 
  9.26     The court shall apply a best interests standard when 
  9.27  considering the request of the parent with whom the child 
  9.28  resides to move the child's residence to another state.  The 
  9.29  factors the court must consider in determining the child's best 
  9.30  interests include, but are not limited to, the following: 
  9.31     (1) the nature, quality, extent of involvement, and 
  9.32  duration of the child's relationship with the person proposing 
  9.33  to relocate and with the nonrelocating person, siblings, and 
  9.34  other significant persons in the child's life; 
  9.35     (2) the age, developmental stage, needs of the child, and 
  9.36  the likely impact the relocation will have on the child's 
 10.1   physical, educational, and emotional development, taking into 
 10.2   consideration any special needs of the child; 
 10.3      (3) the feasibility of preserving the relationship between 
 10.4   the nonrelocating person and the child through suitable 
 10.5   parenting time arrangements, considering the logistics and 
 10.6   financial circumstances of the parties; 
 10.7      (4) the child's preference, taking into consideration the 
 10.8   age and maturity of the child; 
 10.9      (5) whether there is an established pattern of conduct of 
 10.10  the person seeking the relocation either to promote or thwart 
 10.11  the relationship of the child and the nonrelocating person; 
 10.12     (6) whether the relocation of the child will enhance the 
 10.13  general quality of the life for both the custodial parent 
 10.14  seeking the relocation and the child including, but not limited 
 10.15  to, financial or emotional benefit or educational opportunity; 
 10.16     (7) the reasons of each person for seeking or opposing the 
 10.17  relocation; and 
 10.18     (8) the effect on the safety and welfare of the child, or 
 10.19  of the parent requesting to move the child's residence, of 
 10.20  domestic abuse, as defined in section 518B.01. 
 10.21     The burden of proof is upon the parent requesting to move 
 10.22  the residence of the child to another state, except that if the 
 10.23  court finds that the person requesting permission to move has 
 10.24  been a victim of domestic abuse by the other parent, the burden 
 10.25  of proof is upon the parent opposing the move.  The court must 
 10.26  consider all of the factors in this subdivision in determining 
 10.27  the best interests of the child. 
 10.28     Sec. 10.  Minnesota Statutes 2004, section 518.179, is 
 10.29  amended by adding a subdivision to read: 
 10.30     Subd. 1a.  [CUSTODY OF NONBIOLOGICAL CHILD.] A person 
 10.31  convicted of a crime described in subdivision 2 may not be 
 10.32  considered for custody of a child unless the child is the 
 10.33  person's child by birth or adoption. 
 10.34     Sec. 11.  Minnesota Statutes 2004, section 518.18, is 
 10.35  amended to read: 
 10.36     518.18 [MODIFICATION OF ORDER.] 
 11.1      (a) Unless agreed to in writing by the parties, no motion 
 11.2   to modify a custody order or parenting plan may be made earlier 
 11.3   than one year after the date of the entry of a decree of 
 11.4   dissolution or legal separation containing a provision dealing 
 11.5   with custody, except in accordance with paragraph (c). 
 11.6      (b) If a motion for modification has been heard, whether or 
 11.7   not it was granted, unless agreed to in writing by the parties 
 11.8   no subsequent motion may be filed within two years after 
 11.9   disposition of the prior motion on its merits, except in 
 11.10  accordance with paragraph (c). 
 11.11     (c) The time limitations prescribed in paragraphs (a) and 
 11.12  (b) shall not prohibit a motion to modify a custody order or 
 11.13  parenting plan if the court finds that there is persistent and 
 11.14  willful denial or interference with parenting time, or has 
 11.15  reason to believe that the child's present environment may 
 11.16  endanger the child's physical or emotional health or impair the 
 11.17  child's emotional development. 
 11.18     (d) If the court has jurisdiction to determine child 
 11.19  custody matters, the court shall not modify a prior custody 
 11.20  order or a parenting plan provision which specifies the child's 
 11.21  primary residence unless it finds, upon the basis of facts, 
 11.22  including unwarranted denial of, or interference with, a duly 
 11.23  established parenting time schedule, that have arisen since the 
 11.24  prior order or that were unknown to the court at the time of the 
 11.25  prior order, that a change has occurred in the circumstances of 
 11.26  the child or the parties and that the modification is necessary 
 11.27  to serve the best interests of the child.  In applying these 
 11.28  standards the court shall retain the custody arrangement or the 
 11.29  parenting plan provision specifying the child's primary 
 11.30  residence that was established by the prior order unless: 
 11.31     (i) the court finds that a change in the custody 
 11.32  arrangement or primary residence is in the best interests of the 
 11.33  child and the parties previously agreed, in a writing approved 
 11.34  by a court, to apply the best interests standard in section 
 11.35  518.17 or 257.025, as applicable; and, with respect to 
 11.36  agreements approved by a court on or after April 28, 2000, both 
 12.1   parties were represented by counsel when the agreement was 
 12.2   approved or the court found the parties were fully informed, the 
 12.3   agreement was voluntary, and the parties were aware of its 
 12.4   implications; 
 12.5      (ii) both parties agree to the modification; 
 12.6      (iii) the child has been integrated into the family of the 
 12.7   petitioner with the consent of the other party; or 
 12.8      (iv) the child's present environment endangers the child's 
 12.9   physical or emotional health or impairs the child's emotional 
 12.10  development and the harm likely to be caused by a change of 
 12.11  environment is outweighed by the advantage of a change to the 
 12.12  child; or 
 12.13     (v) the court has denied a request of the primary custodial 
 12.14  parent to move the residence of the child to another state, and 
 12.15  the primary custodial parent has relocated to another state 
 12.16  despite the court's order.  
 12.17     In addition, a court may modify a custody order or 
 12.18  parenting plan under section 631.52.  
 12.19     (e) In deciding whether to modify a prior joint custody 
 12.20  order, the court shall apply the standards set forth in 
 12.21  paragraph (d) unless:  (1) the parties agree in writing to the 
 12.22  application of a different standard, or (2) the party seeking 
 12.23  the modification is asking the court for permission to move the 
 12.24  residence of the child to another state. 
 12.25     (f) If a parent has been granted sole physical custody of a 
 12.26  minor and the child subsequently lives with the other parent, 
 12.27  and temporary sole physical custody has been approved by the 
 12.28  court or by a court-appointed referee, the court may suspend the 
 12.29  obligor's child support obligation pending the final custody 
 12.30  determination.  The court's order denying the suspension of 
 12.31  child support must include a written explanation of the reasons 
 12.32  why continuation of the child support obligation would be in the 
 12.33  best interests of the child. 
 12.34     Sec. 12.  Minnesota Statutes 2004, section 518.191, 
 12.35  subdivision 2, is amended to read: 
 12.36     Subd. 2.  [REQUIRED INFORMATION.] A summary real estate 
 13.1   disposition judgment must contain the following information:  
 13.2   (1) the full caption and file number of the case and the title 
 13.3   "Summary Real Estate Disposition Judgment"; (2) the dates of the 
 13.4   parties' marriage and of the entry of the judgment and decree of 
 13.5   dissolution; (3) the names of the parties' attorneys or if 
 13.6   either or both appeared pro se; (4) the name of the judge and 
 13.7   referee, if any, who signed the order for judgment and decree; 
 13.8   (5) whether the judgment and decree resulted from a stipulation, 
 13.9   a default, or a trial and the appearances at the default or 
 13.10  trial; (6) if the judgment and decree resulted from a 
 13.11  stipulation, whether disposition of the property was stipulated 
 13.12  to by legal description; (7) if the judgment and decree resulted 
 13.13  from a default, whether the petition contained the legal 
 13.14  description of the property and disposition was made in 
 13.15  accordance with the request for relief, and service of the 
 13.16  summons and petition was made personally pursuant to the Rules 
 13.17  of Civil Procedure, Rule 4.03(a), or Minnesota Statutes, section 
 13.18  543.19; (8) whether either party changed the party's name 
 13.19  through the judgment and decree; (7) (9) the legal description 
 13.20  of each parcel of real estate; (8) (10) the name or names of the 
 13.21  persons awarded an interest in each parcel of real estate and a 
 13.22  description of the interest awarded; (9) (11) liens, mortgages, 
 13.23  encumbrances, or other interests in the real estate described in 
 13.24  the judgment and decree; and (10) (12) triggering or contingent 
 13.25  events set forth in the judgment and decree affecting the 
 13.26  disposition of each parcel of real estate. 
 13.27     Sec. 13.  Minnesota Statutes 2004, section 518.58, 
 13.28  subdivision 4, is amended to read: 
 13.29     Subd. 4.  [PENSION PLANS.] (a) The division of marital 
 13.30  property that represents pension plan benefits or rights in the 
 13.31  form of future pension plan payments:  
 13.32     (1) is payable only to the extent of the amount of the 
 13.33  pension plan benefit payable under the terms of the plan; 
 13.34     (2) is not payable for a period that exceeds the time that 
 13.35  pension plan benefits are payable to the pension plan benefit 
 13.36  recipient; 
 14.1      (3) is not payable in a lump sum amount from defined 
 14.2   benefit pension plan assets attributable in any fashion to a 
 14.3   spouse with the status of an active member, deferred retiree, or 
 14.4   benefit recipient of a pension plan; 
 14.5      (4) if the former spouse to whom the payments are to be 
 14.6   made dies prior to the end of the specified payment period with 
 14.7   the right to any remaining payments accruing to an estate or to 
 14.8   more than one survivor, is payable only to a trustee on behalf 
 14.9   of the estate or the group of survivors for subsequent 
 14.10  apportionment by the trustee; and 
 14.11     (5) in the case of defined benefit public pension plan 
 14.12  benefits or rights, may not commence until the public plan 
 14.13  member submits a valid application for a public pension plan 
 14.14  benefit and the benefit becomes payable. 
 14.15     (b) The individual retirement account plans established 
 14.16  under chapter 354B may provide in its plan document, if 
 14.17  published and made generally available, for an alternative 
 14.18  marital property division or distribution of individual 
 14.19  retirement account plan assets.  If an alternative division or 
 14.20  distribution procedure is provided, it applies in place of 
 14.21  paragraph (a), clause (5).