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Office of the Revisor of Statutes

HF 110 House Long Description

hf110THIRD ENGROSSMENTMinnesota Child Support Act established, family law reform and +recodification relating to marriage dissolution, child custody, child support, +maintenance, and property division provided, and money appropriated.ARTICLE 1�MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENTSection 1: Marital dissolution fee imposed.Sec. 2: Six-month review hearing procedures established.Sec. 3: Maintenance payment enforcement clarified.Sec. 4: "Divorce" equated with "dissolution" or "dissolution of +marriage."Sec. 5: Scope clarified.Sec. 6: Rules governing proceedings modified.Sec. 7: Language clarified relating to void marriages.Sec. 8: Voidable marriage language clarified.Sec. 9-33: Technical statutory references modified and "shall" +changed to "must."Sec. 34: "Obligor" definition modified.Sec. 35-41: Technical statutory references modified and "shall" +changed to "must."Sec. 42: Terms of order relating to maintenance modified to separate+ support order from maintenance provisions.Sec. 43-46: Technical statutory references modified and "shall" +changed to "must."Sec. 47: Court order and judgement provisions relating to child +support modified.Sec. 48: Revisor's instructions.Sec. 49: Repealer.ARTICLE 2�CUSTODY, PARENTING TIME, AND VISITATION: GENERALSection 1: Scope provided.Sec. 2: Temporary orders relating to custody and parenting time +provided.Sec. 3: Custody, parenting time, and visitation notice provisions +established.Sec. 4: Provisions relating to attorney fees, costs, and +disbursements established.Sec. 5: Custody of children regulations established, "best interests+ of the child" defined, and determination procedures clarified.Sec. 6: Joint custody factors, presumptions, findings, and support +guidelines provided.Sec. 7: Access rights of parents and limitations provided.Sec. 8-17: Technical statutory references modified and "shall" +changed to "must."Sec. 18: Availability to council regulations clarified.Sec. 19: Pretrial discovery regulations established.Sec. 20-27: Technical statutory references modified and "shall" +changed to "must."Sec. 28: Parenting time expeditor duties and definition provided.Sec. 29-34: Technical statutory references modified and "shall" +changed to "must."Sec. 35: Judicial supervision procedures modified.Sec. 36-38: Technical statutory references modified and "shall" +changed to "must."Sec. 39: Modification of custody order provided, court basis of +findings established.Sec. 40: Independence of provisions of decree or temporary order +modified.Sec. 41-42: Technical statutory references modified and "shall" +changed to "must."Sec. 43: Revisor's instructions.Sec. 44: Repealer.ARTICLE 3�CHILD SUPPORTSection 1: Title provided as "Minnesota Child Support Act."Sec. 2: Related terms defined.Sec. 3: Child support order regulations established.Sec. 4: Temporary order regulations established.Sec. 5: Determination of controlling order procedure provided.Sec. 6: Attorney fees, costs, and disbursements provisions +established.Sec. 7: Exchange of information procedures established.Sec. 8: Privacy and personal protection provided.Sec. 9: Income regulations established.Sec. 10: Imputed income regulations established.Sec. 11: Presumptive child support order regulations established.Sec. 12: Basic support schedule provided.Sec. 13: Child care support regulations established.Sec. 14: Medical support regulations established.Sec. 15: Self-support adjustment allowance defined.Sec. 16: Worksheet for calculating child support production required.Sec. 17: Deviation determination procedures clarified.Sec. 18: Written findings clarified.Sec. 19: Guidelines review required.Sec. 20: Education trust fund allowed.Sec. 21: General authority modification provided.Sec. 22: Reopening an order procedure provided.Sec. 23: Change in custody or parenting time situation addressed.Sec. 24: Substantial change in circumstances, earnings, or needs +procedure provided.Sec. 25: Modification effective date determination procedure +established.Sec. 26: Termination of child support conditions detailed.Sec. 27: Cost-of-living adjustments provided.Sec. 28: Payments ordered for support directed to public authority +in case of public assistance reception by obligee.Sec. 29: Party status provided.Sec. 30: Role of public authority provided.Sec. 31: Service fees imposed.Sec. 32: Public authority procedures for child support and parentage+ orders provided.Sec. 33: Nonattorney employee duties provided.Sec. 34: Pleadings and case information sheet format established.Sec. 35: Noncontested matters procedure established.Sec. 36: Administrative authority, parentage, and support +regulations provided.Sec. 37: Information and data sharing procedures established.Sec. 38: Sufficiency of notice clarified.Sec. 39: Child support payment center central collections unit +created.Sec. 40: Mandatory payment of obligations to central collections +unit required.Sec. 41: Income withholding procedures provided.Sec. 42: Waiver of income withholding procedures provided, +conditions established.Sec. 43: Payor of funds responsibilities provided.Sec. 44: Lump-sum payment procedure established.Sec. 45: Payor of funds liability clarified.Sec. 46: Employer contempt notices or orders for income withholding +clarified.Sec. 47: Priority of income withholding orders clarified and maximum withholding provided.Sec. 48: Subsequent income withholding procedures defined.Sec. 49: Arrears order for income withholding provided.Sec. 50: Interstate income withholding clarified.Sec. 51: Order terminating income withholding provided.Sec. 52: Child support deposit account with financial institutions +procedures established.Sec. 53: Escrow account regulations detailed.Sec. 54: Trustee appointment authorized.Sec. 55: Overpayment procedures clarified.Sec. 56: Alternate notice of court order required.Sec. 57: Child support and parenting time designated as independent.Sec. 58: Six-month review provided.Sec. 59: Payment agreement requirements and considerations provided.Sec. 60: Seek employment order procedures provided.Sec. 61: Order for community services procedures provided.Sec. 62: Contempt proceedings for nonpayment of support detailed.Sec. 63: Security, sequestration, and contempt provisions detailed.Sec. 64: Driver's license suspension instances provided.Sec. 65: Occupational license suspension provided.Sec. 66: Support arrears suspensions data procedures provided.Sec. 67: Recreational license suspension situation detailed.Sec. 68: Motor vehicle lien procedures provided.Sec. 69: Publication of names of delinquent child support obligors +procedure established.Sec. 70: Arrears collection to continue after child is emancipated.Sec. 71: Revenue recapture and collection provided.Sec. 72: Case reviewer availability required.Sec. 73: Attorney fees and collection costs responsibility clarified.Sec. 74: Required notices detailed.Sec. 75: Appropriations provided.Sec. 76: Revisor's instruction.Sec. 77: Repealer.Sec. 78: Effective date.AE