HF 3582

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; providing appropriate child 
  1.3             support guidelines; amending Minnesota Statutes 2000, 
  1.4             section 518.64, by adding a subdivision; proposing 
  1.5             coding for new law in Minnesota Statutes, chapter 518; 
  1.6             repealing Minnesota Statutes 2001 Supplement, section 
  1.7             518.551, subdivision 5. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [518.571] [CHILD SUPPORT.] 
  1.10     Subdivision 1.  [BASIC SUPPORT OBLIGATION.] In all cases of 
  1.11  dissolution of marriage, separate maintenance, or adjudication 
  1.12  of paternity, both parents have an equal duty to pay for the 
  1.13  actual cost of supplying the reasonable needs of their child or 
  1.14  children had in common between them in proportion to their 
  1.15  respective incomes and other resources. 
  1.16     Subd. 2.  [SUPPORT GUIDELINES.] (a) The guidelines in this 
  1.17  subdivision apply as a rebuttable presumption in all child 
  1.18  support cases in this state.  The guidelines must be used for 
  1.19  temporary and permanent child support orders.  The guidelines 
  1.20  must be used by the court as the basis for reviewing the 
  1.21  adequacy of child support levels in both contested and 
  1.22  noncontested cases.  The court may deviate from the guidelines 
  1.23  only if, in light of the evidence offered and received, 
  1.24  application of them would not conform to the basic obligation of 
  1.25  child support in subdivision 1.  If the court orders an amount 
  1.26  other than the amount determined by the application of the 
  2.1   guidelines, the court must make written findings of fact that 
  2.2   justify the deviation, that state the amount of the award which 
  2.3   would have resulted from the application of the guidelines, and 
  2.4   that justify the amount of support awarded by the court. 
  2.5   The court may consider the following reasons in deviating from 
  2.6   the guidelines: 
  2.7      (1) ages of the children; 
  2.8      (2) a child's extraordinary medical costs or needs in 
  2.9   addition to accident and sickness insurance, provided that all 
  2.10  the costs or needs must be considered if no insurance is 
  2.11  available; 
  2.12     (3) educational costs; 
  2.13     (4) other support a parent is providing or will be 
  2.14  providing, such as payment of a mortgage; 
  2.15     (5) a parent's own extraordinary needs, such as medical 
  2.16  expenses; 
  2.17     (6) unusually high debt structure, in which case the court 
  2.18  shall consider a reasonable restructuring plan of the parent's 
  2.19  repayment of debt and shall consider treating the ongoing 
  2.20  payment of that debt as a subtraction from that parent's monthly 
  2.21  adjusted gross income.  This adjustment may also include the 
  2.22  cost of income taxes and other taxes on the income needed for 
  2.23  payment of this debt; 
  2.24     (7) historical spending in the family for children which 
  2.25  would result in an award that varies significantly from the 
  2.26  guideline; 
  2.27     (8) considerations of the economic cost-of-living factors 
  2.28  of the community of each parent, as determined by the trier of 
  2.29  fact; 
  2.30     (9) in-kind contributions of either parent; 
  2.31     (10) extraordinary travel expenses to exercise parenting 
  2.32  time or shared physical custody; 
  2.33     (11) a determination that the gross income of one of the 
  2.34  parents is substantially higher than that of the other parent; 
  2.35  and 
  2.36     (12) any other factor the court considers to be required by 
  3.1   the ends of justice. 
  3.2      (b) The guidelines include a self-support reserve that 
  3.3   ensures the obligors have sufficient income to maintain a 
  3.4   minimum standard of living based on the federal poverty 
  3.5   threshold for a household that consists only of one adult.  The 
  3.6   self-support reserve is set at 133 percent of the federal 
  3.7   poverty threshold. 
  3.8      (c) The schedule of basic child costs is based on economic 
  3.9   data which represent estimates of total expenditures on 
  3.10  child-rearing costs to age 18 and is inclusive of typical 
  3.11  expenditures by parents on children, including health insurance 
  3.12  and health care costs but excluding day care and educational 
  3.13  expenses which are handled separately as add-ons.  These 
  3.14  expenditures are for a single-parent household with income equal 
  3.15  to the average of both parents' incomes. 
  3.16     (d) For the purpose of this section, "income" means actual 
  3.17  gross income of a parent or potential income if the parent is 
  3.18  unemployed or underemployed. 
  3.19     All income is assumed to be taxable.  Gross income of each 
  3.20  parent should be determined as specified below: 
  3.21     (1) Gross income includes, but is not limited to, income 
  3.22  from salaries, wages, commissions, bonuses, dividends, severance 
  3.23  pay, pensions, interest, trust income, annuities, capital gains, 
  3.24  social security benefits, workers' compensation benefits, 
  3.25  unemployment insurance benefits, disability pay and insurance 
  3.26  benefits, gifts, prizes, and alimony or maintenance received 
  3.27  from persons other than the parents.  The computation of gross 
  3.28  income based on salaries and wages is limited to the earnings of 
  3.29  a normal 40-hour work week.  The income from salary and wages 
  3.30  excludes overtime earnings or extra, part-time employment 
  3.31  earnings, as long as the children's basic needs are being met, 
  3.32  and benefits received from means-tested public assistance 
  3.33  programs, including, but not limited to, aid to families with 
  3.34  dependent children (AFDC), temporary assistance to needy 
  3.35  families (TANF), supplemental security income (SSI), food 
  3.36  stamps, and general assistance. 
  4.1      Payments received for the benefit of the children as a 
  4.2   result of the disability of a parent are counted as part of 
  4.3   gross income of the disabled parent but also are credited as a 
  4.4   payment toward the disabled parent's child support obligation. 
  4.5      (2) For income from self-employment, rent, royalties, 
  4.6   proprietorship of a business, or joint ownership of a 
  4.7   partnership or closely held corporation, gross income means 
  4.8   gross receipts minus ordinary and necessary expenses required 
  4.9   for self-employment or business operation.  Specifically 
  4.10  excluded from ordinary and necessary expenses for the purposes 
  4.11  of this section are amounts allowable by the Internal Revenue 
  4.12  Service for the accelerated component of depreciation expenses, 
  4.13  investment tax credits, and any other business expenses 
  4.14  determined by the court to be inappropriate for determining 
  4.15  gross income for purposes of determining child support.  Income 
  4.16  and expenses from self-employment or operation of a business 
  4.17  must be carefully reviewed to determine the appropriate level of 
  4.18  gross income available to the parent to satisfy a child support 
  4.19  obligation.  Self-employment taxes must be deducted from gross 
  4.20  income.  In most cases, this amount will differ from a 
  4.21  determination of business income for tax purposes.  Expense 
  4.22  reimbursements or in-kind payments received by a parent in the 
  4.23  course of employment, self-employment, or operation of a 
  4.24  business, such as a company car, free housing, or reimbursed 
  4.25  meals, must be counted as income if they are significant and 
  4.26  reduce personal living expenses.  
  4.27     (3) If a parent is voluntarily unemployed or underemployed, 
  4.28  child support may be calculated based on a determination of 
  4.29  potential income, except that a determination of potential 
  4.30  income should not be made for a parent who is physically or 
  4.31  mentally incapacitated.  Parents are entitled to their choice of 
  4.32  jobs and lifestyles and must not be penalized for legitimate 
  4.33  choices that still allow them to provide financially and 
  4.34  emotionally for their children.  However, if either parent is 
  4.35  voluntarily unemployed or underemployed to the extent that the 
  4.36  parent cannot provide a home for the parent and children at a 
  5.1   basic level of welfare established by state law, when that 
  5.2   parent is capable of earning and providing at that level, then 
  5.3   net income necessary to provide that basic level of welfare must 
  5.4   be imputed to that parent, unless the voluntary unemployment 
  5.5   results from the parent's participation in an organized strike.  
  5.6   If the parent has no recent work history or vocational training, 
  5.7   the court may determine potential income in an amount based on 
  5.8   the minimum hourly wage for a work week that is likely 
  5.9   obtainable by the parent based on the parent's job skills, 
  5.10  current economic conditions, availability of transportation, and 
  5.11  any other relevant factors.  The court must not impute an income 
  5.12  based on potential income or job offers which would require the 
  5.13  parent to relocate from the area of primary residence of the 
  5.14  children as long as the children's basic needs are being met. 
  5.15     (4) Child support received for any other legally dependent 
  5.16  child is not income under this section. 
  5.17     (5) Payment of maintenance, if any, must be determined 
  5.18  prior to the determination of the child support obligation, 
  5.19  either on a temporary or on a permanent basis, and in 
  5.20  calculations for the child support obligation, must be counted 
  5.21  as income for the receiving parent and as a deduction from 
  5.22  income for the paying parent. 
  5.23     (6) Income statements of the parents must be verified with 
  5.24  documentation of both current and past income.  Suitable 
  5.25  documentation of current earnings includes at least one full 
  5.26  month's pay stubs, employer statements, or receipts and expenses 
  5.27  if self-employed.  Documentation of current income must be 
  5.28  supplemented with copies of the most recent tax return to 
  5.29  provide verification of earnings over a longer period.  
  5.30  Sanctions may be imposed for failure to comply with this 
  5.31  provision on the motion of either parent or by the court on its 
  5.32  own motion. 
  5.33     (e) The basic child support obligation includes typical 
  5.34  medical expenses.  If the court orders one or both parents to 
  5.35  pay for medical insurance, then the amount paid by that parent 
  5.36  or parents for medical insurance for the children must be 
  6.1   deducted from the basic support obligation that varies according 
  6.2   to the parents' share of parenting time and must be directly 
  6.3   attributed as an expense of the parent incurring the cost.  The 
  6.4   portion to be included in the child support calculation is the 
  6.5   amount of the health insurance premium actually attributable to 
  6.6   the children subject to the order.  If coverage is provided 
  6.7   through an employer, only the employee's portion of cost may be 
  6.8   included.  This cost must be calculated net of any tax offsets 
  6.9   that may exist and are specifically attributable to provision of 
  6.10  the medical insurance.  Annual medical or dental expenses in 
  6.11  excess of $250 per child uncompensated by insurance must be 
  6.12  divided between the parents in proportion to their respective 
  6.13  adjusted after-tax incomes. 
  6.14     (f) Child care and educational costs are not included in 
  6.15  the schedule of basic child costs and must be added when 
  6.16  appropriate.  These costs must be calculated net of any tax 
  6.17  benefits directly attributable to incurring these specific child 
  6.18  costs. 
  6.19     (g)(1) The amount of child support payments actually made 
  6.20  by a parent under any preexisting court order or separation 
  6.21  agreement must be deducted from the parent's monthly gross 
  6.22  income in order to determine monthly adjusted gross income and 
  6.23  monthly adjusted after-tax income. 
  6.24     (2) The amount of a parent's financial responsibility for 
  6.25  natural or adopted children currently residing in that parent's 
  6.26  household who are not involved in this action must be deducted 
  6.27  from a parent's monthly gross income.  For purposes of this 
  6.28  deduction, a child support award must be imputed for those 
  6.29  children and deducted from the parent's gross income. 
  6.30     (3) Actual payments or receipts of alimony or other 
  6.31  court-ordered maintenance must be deducted from or added to the 
  6.32  parent's monthly gross income and monthly after-tax income in 
  6.33  order to determine monthly adjusted gross income and monthly 
  6.34  adjusted after-tax income. 
  6.35     (h) The presumptive child support award must not exceed an 
  6.36  amount that would leave the obligor with income less than needed 
  7.1   for basic living needs.  Additionally, the presumptive child 
  7.2   support award must not exceed a level that causes or would 
  7.3   cause, if implemented, income deduction orders to exceed any 
  7.4   withholding limit as established by the Federal Consumer Credit 
  7.5   Protection Act. 
  7.6      (i) Both parents have a continuous duty to provide support 
  7.7   for a minor child.  That duty ends automatically, however, when 
  7.8   the child: 
  7.9      (1) reaches the age of 18 or graduates from high school, 
  7.10  whichever occurs later, but in no event does the obligation 
  7.11  continue after the child reaches the age of 19; 
  7.12     (2) dies; 
  7.13     (3) marries; 
  7.14     (4) lives an emancipated lifestyle; 
  7.15     (5) enters military service; or 
  7.16     (6) becomes a fugitive from justice. 
  7.17  The provisions of this paragraph with regard to a child support 
  7.18  obligation beyond the age of majority are applicable only to a 
  7.19  temporary order or final decree for divorce, separate 
  7.20  maintenance, legitimation, or paternity entered on or after July 
  7.21  1, 2002. 
  7.22     (j) The enactment of this section constitutes a significant 
  7.23  material change in the establishment and calculation of child 
  7.24  support orders.  In any proceeding to modify an existing order 
  7.25  that is two years old or older, an increase or decrease 
  7.26  respectively of 15 percent or more between the amount of the 
  7.27  existing order and the amount of child support resulting from 
  7.28  the application of these guidelines, is presumed to constitute a 
  7.29  substantial change of circumstances warranting a modification.  
  7.30  If there is a substantial difference between a new presumptive 
  7.31  award and the existing award, the court may phase in the new 
  7.32  award over a time period of up to three years if it is in the 
  7.33  interests of justice. 
  7.34     (k) If the parent paying child support suffers an 
  7.35  involuntary termination of employment, has an extended 
  7.36  involuntary loss of average weekly hours, is involved in an 
  8.1   organized strike, suffers a loss of health, or similar 
  8.2   involuntary adversity resulting in a loss of income of 25 
  8.3   percent or more, the portion of the child support attributable 
  8.4   to that lost income does not accrue. 
  8.5      (l) An obligor parent's presumptive child support award to 
  8.6   be paid is determined by applying the following steps: 
  8.7      (1) determine each parent's monthly gross income; 
  8.8      (2) determine each parent's monthly adjusted gross income 
  8.9   by subtracting from monthly gross income preexisting child 
  8.10  support obligations and other current child support obligations 
  8.11  not involved in the instant action.  Maintenance must be 
  8.12  deducted or added to monthly gross income appropriately for 
  8.13  payments made or received; 
  8.14     (3) determine each parent's monthly adjusted after-tax 
  8.15  income.  Each determination must be calculated assuming single 
  8.16  taxpayer status with no children.  The child-related tax 
  8.17  benefits are taken into account in a separate step; 
  8.18     (4) determine the self-support reserve for basic living 
  8.19  needs.  The self-support reserve is equal to 133 percent of the 
  8.20  federally defined poverty threshold for a "household of one 
  8.21  unrelated individual under age 65"; 
  8.22     (5) calculate each parent's monthly income available for 
  8.23  child support by subtracting the self-support reserve from each 
  8.24  parent's monthly adjusted after-tax income.  If a negative 
  8.25  number results, set it to zero.  Add these two values to 
  8.26  calculate combined monthly income available for child support; 
  8.27     (6) calculate each parent's share of combined monthly 
  8.28  income available for child support by dividing each parent's 
  8.29  monthly income available for child support by the combined 
  8.30  figure and then multiplying by 100 to put in percentage form; 
  8.31     (7) determine the parents' basic child costs by averaging 
  8.32  the parents' monthly adjusted gross incomes and looking up the 
  8.33  corresponding basic child costs for the appropriate number of 
  8.34  children in the schedule of basic child costs in paragraph (m); 
  8.35     (8) estimate each parent's percentage share of the 
  8.36  children's time, which is the relative percentage of time that 
  9.1   each parent has primary physical responsibility for the children 
  9.2   and must total 100 percent.  The court may use a conversion 
  9.3   table for this purpose.  In cases in which parents have 
  9.4   different parenting time responsibilities for different 
  9.5   children, use the average of the percentages each parent spends 
  9.6   with each child; 
  9.7      (9) calculate each parent's incurred basic child costs by 
  9.8   prorating basic child costs by each parent's share of the 
  9.9   children's time; 
  9.10     (10) identify for each parent any significant additional 
  9.11  child cost items, such as child care, that are not included in 
  9.12  the schedule of basic child costs.  Calculate these costs net of 
  9.13  tax offsets; 
  9.14     (11) calculate the custodial tax benefit attributable to 
  9.15  the children, which must be treated as a child cost offset.  
  9.16  Unless the parents voluntarily have made a sharing arrangement 
  9.17  of the tax benefits, the court must allocate the custodial 
  9.18  parent tax benefit.  For joint custody situations, the court 
  9.19  shall either order the parents to alternate each year the right 
  9.20  to claim the child-related tax benefits or name a parent as 
  9.21  custodian of the tax benefits and then allocate the tax 
  9.22  benefit.  The custodial tax benefit is defined as the difference 
  9.23  between the tax benefit custodian's after-tax income as head of 
  9.24  household and as a single taxpayer.  This calculation must be 
  9.25  made inclusive of alimony received.  The custodial tax benefit 
  9.26  includes any child-related welfare benefits, such as WIC 
  9.27  payments, for which child support is not a reimbursement to the 
  9.28  state; 
  9.29     (12) calculate incurred total child costs by adding 
  9.30  together basic child costs, additional child cost items, and the 
  9.31  custodial tax benefit attributable to the children; 
  9.32     (13) calculate monthly amount owed to other parent.  The 
  9.33  father's monthly amount owed to other parent is equal to the 
  9.34  mother's incurred total child costs multiplied by the father's 
  9.35  share of combined monthly income available for child support.  
  9.36  The mother's monthly amount owed to other parent is equal to the 
 10.1   father's incurred total child costs multiplied by the mother's 
 10.2   share of combined monthly income available for child support; 
 10.3      (14) calculate the preliminary presumptive child support 
 10.4   award.  The parent with the higher monthly amount owed to other 
 10.5   parent is the obligor parent.  Calculate the preliminary 
 10.6   presumptive child support award by subtracting the lower monthly 
 10.7   amount owed to other parent from the higher monthly amount owed 
 10.8   to other parent.  Depending on relative incomes, each parent's 
 10.9   share of the children's time, and the size of the child-related 
 10.10  tax benefits, either parent may be the obligor parent.  The 
 10.11  court shall designate which parent is the obligor and which is 
 10.12  the obligee separately from which is noncustodial and which is 
 10.13  custodial; and 
 10.14     (15) the obligor parent's presumptive child support award 
 10.15  to be paid is the lesser of that parent's monthly income 
 10.16  available for child support and the preliminary presumptive 
 10.17  child support award. 
 10.18     (m) This paragraph lists the Minnesota child support 
 10.19  guidelines schedule of basic child costs for a single-parent 
 10.20  household, excluding day care and education costs, using average 
 10.21  of parents' monthly adjusted gross income. 
 10.22                                                   Five or
 10.23     Average   One     Two      Three      Four     More
 10.24     Income   Child  Children  Children  Children  Children
 10.25      400       25      25        25        25        25
 10.26      450       60      75        82        89        94
 10.27      500       94     126       138       153       164
 10.28      550      129     176       195       217       233
 10.29      600      163     227       251       281       302
 10.30      650      198     277       308       345       372
 10.31      700      233     328       365       409       441
 10.32      750      267     378       421       474       511
 10.33      800      302     428       478       538       580
 10.34      850      336     479       534       602       649
 10.35      900      371     529       591       666       719
 10.36      950      405     580       647       730       788
 10.37    1,000      440     630       704       794       857
 10.38    1,050      443     635       710       801       865
 10.39    1,100      448     640       717       809       873
 10.40    1,150      451     646       723       815       881
 10.41    1,200      456     650       730       823       889
 10.42    1,250      458     657       735       829       895
 10.43    1,300      464     661       739       833       900
 10.44    1,350      466     667       746       841       909
 10.45    1,400      470     672       752       848       916
 10.46    1,450      473     678       758       855       923
 10.47    1,500      479     683       763       860       929
 10.48    1,550      481     688       770       868       938
 10.49    1,600      486     694       775       874       944
 10.50    1,650      488     700       782       882       952
 11.1     1,700      493     703       788       889       960
 11.2     1,750      497     710       793       894       966
 11.3     1,800      500     714       801       903       976
 11.4     1,850      504     722       806       909       982
 11.5     1,900      508     725       812       916       989
 11.6     1,950      512     731       817       921       995
 11.7     2,000      514     737       824       929     1,004
 11.8     2,050      519     742       830       936     1,011
 11.9     2,100      521     747       836       943     1,018
 11.10    2,150      527     753       842       950     1,026
 11.11    2,200      530     758       847       955     1,032
 11.12    2,250      534     763       854       963     1,040
 11.13    2,300      537     768       860       970     1,047
 11.14    2,350      542     775       866       977     1,055
 11.15    2,400      544     779       872       983     1,062
 11.16    2,450      549     785       878       990     1,069
 11.17    2,500      552     790       883       996     1,075
 11.18    2,550      557     795       890     1,004     1,084
 11.19    2,600      560     801       897     1,012     1,092
 11.20    2,650      564     807       902     1,017     1,099
 11.21    2,700      566     811       908     1,024     1,106
 11.22    2,750      572     817       914     1,031     1,113
 11.23    2,800      576     823       920     1,038     1,121
 11.24    2,850      579     829       925     1,043     1,127
 11.25    2,900      583     831       932     1,051     1,135
 11.26    2,950      587     839       938     1,058     1,142
 11.27    3,000      590     844       945     1,066     1,151
 11.28    3,050      594     850       951     1,072     1,158
 11.29    3,100      597     854       955     1,077     1,163
 11.30    3,150      602     859       962     1,085     1,172
 11.31    3,200      606     866       968     1,092     1,179
 11.32    3,250      609     871       975     1,100     1,187
 11.33    3,300      613     876       980     1,105     1,194
 11.34    3,350      616     881       986     1,112     1,201
 11.35    3,400      620     886       993     1,120     1,209
 11.36    3,450      625     893       998     1,125     1,216
 11.37    3,500      628     897     1,005     1,133     1,224
 11.38    3,550      631     902     1,010     1,139     1,230
 11.39    3,600      636     907     1,017     1,147     1,239
 11.40    3,650      639     915     1,022     1,153     1,245
 11.41    3,700      642     919     1,029     1,160     1,253
 11.42    3,750      646     924     1,034     1,166     1,259
 11.43    3,800      651     929     1,040     1,173     1,267
 11.44    3,850      654     935     1,047     1,181     1,275
 11.45    3,900      658     940     1,052     1,186     1,281
 11.46    3,950      662     946     1,059     1,194     1,290
 11.47    4,000      665     951     1,066     1,202     1,298
 11.48    4,050      670     957     1,070     1,207     1,303
 11.49    4,100      673     961     1,076     1,213     1,311
 11.50    4,150      677     967     1,081     1,219     1,317
 11.51    4,200      679     971     1,086     1,225     1,323
 11.52    4,250      682     978     1,092     1,231     1,330
 11.53    4,300      687     982     1,099     1,239     1,339
 11.54    4,350      690     987     1,104     1,245     1,345
 11.55    4,400      694     991     1,110     1,252     1,352
 11.56    4,450      697     995     1,116     1,259     1,359
 11.57    4,500      700   1,001     1,122     1,265     1,367
 11.58    4,550      703   1,007     1,127     1,271     1,373
 11.59    4,600      707   1,012     1,133     1,278     1,380
 11.60    4,650      712   1,017     1,138     1,283     1,386
 11.61    4,700      715   1,021     1,143     1,289     1,392
 11.62    4,750      719   1,027     1,150     1,297     1,401
 11.63    4,800      721   1,032     1,154     1,301     1,406
 11.64    4,850      725   1,036     1,160     1,308     1,413
 11.65    4,900      729   1,042     1,167     1,316     1,421
 11.66    4,950      731   1,048     1,172     1,322     1,427
 11.67    5,000      737   1,053     1,178     1,328     1,435
 11.68    5,050      740   1,058     1,182     1,333     1,440
 11.69    5,100      743   1,061     1,190     1,342     1,449
 11.70    5,150      747   1,068     1,194     1,347     1,454
 11.71    5,200      751   1,073     1,200     1,353     1,462
 12.1     5,250      753   1,078     1,205     1,359     1,468
 12.2     5,300      756   1,083     1,211     1,366     1,475
 12.3     5,350      761   1,088     1,218     1,374     1,483
 12.4     5,400      765   1,092     1,223     1,379     1,490
 12.5     5,450      768   1,098     1,228     1,385     1,496
 12.6     5,500      772   1,103     1,234     1,392     1,503
 12.7     5,550      776   1,109     1,241     1,400     1,511
 12.8     5,600      779   1,113     1,246     1,405     1,518
 12.9     5,650      782   1,118     1,252     1,412     1,525
 12.10    5,700      786   1,124     1,256     1,416     1,530
 12.11    5,750      790   1,129     1,263     1,424     1,538
 12.12    5,800      793   1,134     1,269     1,431     1,546
 12.13    5,850      797   1,138     1,274     1,437     1,552
 12.14    5,900      800   1,143     1,279     1,442     1,558
 12.15    5,950      803   1,149     1,283     1,447     1,563
 12.16    6,000      807   1,153     1,291     1,456     1,572
 12.17    6,050      808   1,159     1,295     1,460     1,577
 12.18    6,100      814   1,162     1,302     1,468     1,586
 12.19    6,150      818   1,168     1,307     1,474     1,592
 12.20    6,200      820   1,174     1,314     1,482     1,600
 12.21    6,250      824   1,178     1,319     1,487     1,606
 12.22    6,300      828   1,183     1,324     1,493     1,613
 12.23    6,350      831   1,189     1,331     1,501     1,621
 12.24    6,400      834   1,193     1,335     1,506     1,626
 12.25    6,450      838   1,199     1,342     1,513     1,634
 12.26    6,500      842   1,203     1,347     1,519     1,641
 12.27    6,550      845   1,209     1,353     1,526     1,648
 12.28    6,600      849   1,214     1,358     1,531     1,654
 12.29    6,650      852   1,219     1,364     1,538     1,661
 12.30    6,700      856   1,225     1,369     1,544     1,667
 12.31    6,750      860   1,229     1,376     1,552     1,676
 12.32    6,800      863   1,234     1,382     1,559     1,683
 12.33    6,850      867   1,239     1,387     1,564     1,689
 12.34    6,900      870   1,243     1,393     1,571     1,697
 12.35    6,950      873   1,250     1,397     1,575     1,701
 12.36    7,000      877   1,255     1,403     1,582     1,709
 12.37    7,050      881   1,260     1,408     1,588     1,715
 12.38    7,100      884   1,264     1,415     1,596     1,723
 12.39    7,150      888   1,269     1,420     1,601     1,729
 12.40    7,200      893   1,275     1,425     1,607     1,736
 12.41    7,250      895   1,280     1,432     1,615     1,744
 12.42    7,300      898   1,285     1,436     1,619     1,749
 12.43    7,350      902   1,291     1,445     1,630     1,760
 12.44    7,400      906   1,294     1,449     1,634     1,765
 12.45    7,450      909   1,300     1,454     1,640     1,771
 12.46    7,500      914   1,304     1,460     1,646     1,778
 12.47    7,550      917   1,310     1,466     1,653     1,786
 12.48    7,600      920   1,315     1,472     1,660     1,793
 12.49    7,650      922   1,319     1,477     1,666     1,799
 12.50    7,700      926   1,325     1,483     1,672     1,806
 12.51    7,750      930   1,330     1,489     1,679     1,814
 12.52    7,800      933   1,335     1,494     1,685     1,820
 12.53    7,850      938   1,339     1,500     1,692     1,827
 12.54    7,900      940   1,344     1,504     1,696     1,832
 12.55    7,950      945   1,351     1,510     1,703     1,839
 12.56    8,000      949   1,356     1,517     1,711     1,848
 12.57     (n) For income deduction orders issued on July 1, 2002, and 
 12.58  thereafter, no order is valid without listing the birth dates of 
 12.59  the dependent children for whom the obligor is having income 
 12.60  deducted.  Income deduction orders must also state the dates on 
 12.61  which each dependent child attains the age of 18, on which date 
 12.62  the income deduction order is no longer valid without a showing 
 12.63  that the dependent is still in secondary school and has not yet 
 13.1   attained the age of 19. 
 13.2      (o) It is the responsibility of the department of human 
 13.3   resources, office of child support enforcement, to ensure that 
 13.4   income deduction orders end when the obligation ends, regardless 
 13.5   of whether the case at hand was initiated by the department of 
 13.6   human resources, office of child support enforcement.  This 
 13.7   department shall establish an administrative procedure for 
 13.8   obligors to file a petition with the department to 
 13.9   administratively stop income deduction orders when the obligor's 
 13.10  obligation of support has ended. 
 13.11     Any overpayment resulting from the department of human 
 13.12  resources' failure to terminate an income deduction order within 
 13.13  90 days of the date the income deduction order should end bears 
 13.14  interest at the existing judgment rate. 
 13.15     Subd. 3.  [CONFLICT OF LAW.] This section governs in case 
 13.16  of any conflict with a Minnesota law in effect on the effective 
 13.17  date of this section. 
 13.18     Sec. 2.  Minnesota Statutes 2000, section 518.64, is 
 13.19  amended by adding a subdivision to read: 
 13.20     Subd. 7.  [SPECIAL RELIEF.] Notwithstanding any other part 
 13.21  of this section or other provision of law, a motion may be made 
 13.22  by any obligor or obligee at any time for modification of child 
 13.23  support, if the obligor or obligee can demonstrate that child 
 13.24  support ordered unjustifiably deviates from the amount defined 
 13.25  in section 518.571.  In any criminal proceedings or proceedings 
 13.26  to impose the sanctions of criminal contempt to punish 
 13.27  nonpayment of child support, and in any proceedings to impose 
 13.28  the sanctions of civil contempt to coerce payment of child 
 13.29  support or to remedy failure to pay child support, an 
 13.30  affirmative defense is available to the extent that child 
 13.31  support previously ordered exceeds the amount defined in section 
 13.32  518.571. 
 13.33     Sec. 3.  [INSTRUCTION TO REVISOR.] 
 13.34     The revisor of statutes, in consultation with the house of 
 13.35  representatives research department and senate counsel and 
 13.36  research, shall prepare a report by December 31, 2002, on 
 14.1   portions of Minnesota law that are in conflict with sections 1 
 14.2   and 2 and shall recommend amendments and repealers required to 
 14.3   resolve those conflicts.  The report must be submitted to the 
 14.4   appropriate committees of the legislature with jurisdiction over 
 14.5   family law issues. 
 14.6      Sec. 4.  [REPEALER.] 
 14.7      Minnesota Statutes 2001 Supplement, section 518.551, 
 14.8   subdivision 5, is repealed. 
 14.9      Sec. 5.  [EFFECTIVE DATE.] 
 14.10     Sections 1 to 4 are effective July 1, 2002.