as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
Engrossments | ||
---|---|---|
Introduction | Posted on 02/20/2002 |
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.