HF 3040

as introduced - 86th Legislature (2009 - 2010) Posted on 02/17/2010 04:09pm

A bill for an act
relating to child support; allowing a noncustodial parent to provide child care;
permitting a deviation from child support guidelines; amending Minnesota
Statutes 2008, section 518A.40, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 518A.40, subdivision 3, is amended to
read:

Subd. 3.

Determining costs.

(a) The court must require verification of employment
or school attendance and documentation of child care expenses from the obligee and
the public authority, if applicable.

(b) If child care expenses fluctuate during the year because of the obligee's seasonal
employment or school attendance or extended periods of parenting time with the obligor,
the court must determine child care expenses based on an average monthly cost.

(c) The amount allocated for child care expenses is considered child support but is
not subject to a cost-of-living adjustment under section 518A.75.

(d) The court deleted text begin may deleted text end new text begin shall new text end allow the parent with whom the joint child does not reside to
care for the joint child while the parent with whom the joint child resides is working or
attending school deleted text begin , as provided in section 518.175, subdivision 8 deleted text end new text begin if:
new text end

new text begin (1) the arrangement is reasonable and in the best interest of the child, as defined in
section 518.17, subdivision 1; and
new text end

new text begin (2) there is no verified history of domestic abuse, as defined in section 518B.01,
between the parties new text end . Allowing the parent with whom the joint child does not reside to care
for the joint child deleted text begin under section 518.175, subdivision 8, is not a reason to deviate from the
guidelines deleted text end new text begin shall be considered as a factor to deviate from the guidelines new text end .