HF 778 Senate Long Description
Relating to family law; reforming and recodifying the law relating to+ marriage dissolution, child custody and support, spousal maintenance and +property division ARTICLE 1 - MARRIAGE DISSOLUTION, LEGAL SEPARATION AND ANNULMENTTemporarily imposing a marital dissolution fee to be collected by +district court administrators; providing for review hearings relating to +decrees of dissolution or legal separation or orders establishing child custody,+ parenting time or support rights and obligations of parents; providing for +enforcement of maintenance payment requirements; making certain technical and +clarifying corrections; removing provisions relating to the payment or +modification of child support and specifying certain renumbering and cross reference +correction instructions to the revisor of statutes for recodification purposes; +repealing certain provisions relating to recovery of certain child support +enforcement costs, security, sequestration and contempt, child support +controlling order determination, the awarding of temporary maintenance and support, the continuation of child support after death of the obligor, automatic +termination of support upon emancipation and a certain child support modification+ form and notice requirementsARTICLE 2 - CUSTODY, PARENTING TIME AND VISITATION Providing for temporary orders for custody and parenting time; +specifying certain custody or parenting time notice requirements; providing for +the awarding of attorney fees, costs and disbursements; providing for +child custody orders, requiring court consideration of best interests of the child +in determining custody, prohibiting parent preference, specifying +certain factors to be considered in determining best interests; providing for joint +custody, specifying certain factors and presumptions; specifying the access +rights of parents; clarifying certain custody provisions under marriage +dissolution proceedings; specifying certain renumbering and cross reference +correction instructions to the revisor of statutes for recodification purposes; +repealing certain recodified provisions ARTICLE 3 - CHILD SUPPORT"Minnesota Child Support Act"; defining certain terms; specifying +certain requirements and preferences for child support orders, authorizing +departure from certain presumptions under certain conditions; authorizing and +providing for the court to order obligees to account for the use or disposition+ of child support received under certain conditions; providing for temporary +child support orders; providing for determination of the controlling order +in cases of the existence of more than one order; providing for court award of+ attorney fees, costs and disbursements; providing for the exchange of certain information between the parties, specifying certain documentation +requirements; providing for the protection of certain personal information; +defining income for child support determination purposes, specifying certain +exclusions; providing for the determination of imputed income under certain +conditions; providing for presumptive child support orders; providing a basic +support computation schedule; providing for the determination of child care +and medical support, requiring ex-spousal medical coverage under certain +conditions, imposing certain responsibilities on employers and obligors, +providing a self support adjustment; requiring the commissioner of human services to +create and publish a worksheet to assist in calculating child support, requiring+ annual adjustments; specifying certain factors to be considered by the court+ in determining whether or not to deviate from the presumptive +guidelines; requiring written findings; requiring department of human services +periodic guidelines review; authorizing the parties to agree to establish a +trust fund for post-secondary education costs; specifying certain requirements +for court modification of child support orders; authorizing the court to +rescind child support orders or judgments and order a new trial or grant other +relief under certain conditions; providing for changes in custody or parenting +time and for termination of child support under certain conditions; requiring and +providing for cost of living adjustments to child support orders; providing for+ the assignment of child support payments to public authorities +responsible for collection in public assistance cases, authorizing and providing for +public authority child support collections in other cases, granting public +authorities certain administrative authority relating to the establishment of +paternity and to the establishment, modification or enforcement of child support +orders, providing for the imposition of service fees and for preparation and +filing of case information sheets; providing for the sharing of certain information; requiring the commissioner of +human services to create and maintain a central collections unit to +receive, process and disburse child support payments and to maintain payment records, +providing for mandatory payments to the unit; regulating the withholding of +income for child support orders compliance or arrearages payment purposes, +providing for certain lump sum payments, authorizing contempt actions against +employers for failure to comply with withholding requirements; providing for the establishment of child support deposit or escrow accounts in +financial institutions; providing for the appointment of trustees under certain conditions; providing for the treatment of overpayments; requiring +and providing for the independence of child support and parenting time; +requiring a request for a review hearing form to be attached to a decree or order+ initially establishing child support rights and obligations; providing for +arrearage payment agreements; providing for certain obligor employment or +community service orders under certain conditions; providing for contempt +proceedings and drivers, occupational or recreational license suspension and motor +vehicle liens for nonpayment of support; providing for the publication of +names of delinquent child support obligors; specifying certain case reviewer availability requirements; providing for child support obligee +entitlement to recovery of reasonable attorney fees and other collection costs +incurred to enforce child support judgments; providing for the form of certain +required notices; appropriating money to the commissioner of human services +and the state court administrator to fund implementation, requiring the +commissioner to devise an equitable system to reimburse counties for implementation +costs; specifying certain cross reference correction instructions to the +revisor of statutes; repealing certain existing provisions providing for child +and medical support ARTICLE 4 � CHILD SUPPORT ENFORCEMENTRelating to child support enforcement; requiring the department of +public safety to disclose social security numbers in drivers license and +motor vehicle registration records to the department of natural resources (DNR) for+ license application administration purposes and requiring applicants for +noncommercial game and fish licenses and applicants for all identification cards, +drivers licenses or instruction permits to provide social security numbers on application forms, requiring certification by applicants without +social security numbers; classifying the data obtained by the commissioner +of natural resources through game and fish license applications, requiring +provision to the department of human services for child support enforcement +purposes in accordance with federal law; prohibiting the display, encrypting or +encoding of applicant social security numbers on drivers licenses or ID cards; +requiring employers, unions or insurance agents in marriage dissolution +proceedings to release to the public authority on request information relating to +dependent health or dental insurance coverage available to verify availability +of dependent insurance coverage or to establish, modify or enforce +medical support; excluding child support or maintenance orders for debts or +arrears from the definition of net income for child support determination +purposes; modifying certain requirements for the allocation of child care +expenses, requiring suspension under certain conditions and providing for +resumption, notice requirement; requiring obligor requests for hearings on +suspension of occupational or drivers licenses for failure to comply with approved +payment agreements, notice requirement, authorizing suspension without a +hearing in cases of no request and reports of attorney license suspensions to +the lawyers professional responsibility board; expanding the provision +authorizing the court to order the suspension of interest on child support debts to +arrearages and authorizing retroactive resumption under certain conditions; +modifying certain definitions for support judgment debts summary execution +purposes, requiring appeals to be held in the jurisdiction of the initiating +public authority and expanding the authority of public authorities to send +notices of support judgment levies to financial institutions, clarifying the fee+ payment responsibility, requiring financial institutions to comply with +levies executed by public authorities of other jurisdictions and subjecting +challenges to levies initiated by public authorities from other jurisdictions to +rules of civil procedure and laws of the jurisdiction of the initiating public+ authority in this state; modifying the authority to charge persons under the +crime of nonsupport of a spouse or child; modifying certain administration +requirements for federal funds received for access and visitation programs, +authorizing the commissioner of human services to distribute the funds on a +competitive basis, requiring monitoring, evaluation and reporting on the programs ARTICLE 5 � MISCELLANEOUS Modifying the definition of de facto custodian relating to the period+ of time as primary caretaker, total time period need not be consecutive; modifying a certain provision providing for certain +alternate forms of marriage solemnization, adding Buddhists to the provision +providing for the solemnization of Hindu and Muslim marriages; authorizing the solemnization of Hmong marriages by Mej Koob; specifying certain +certificate filing requirements, imposing a fine for noncompliance with the +filing requirement; modifying the procedure for custodial parents moving of children to +another state in marriage dissolution cases, requiring the court to apply a +best interests standard in considering move requests and specifying +certain factors to be considered in best interests determination; burden of proof to +be on the requesting parent, exception for domestic abuse; modifying the +distribution of defined benefit pension plan assets or benefits for marital property +division purposes in marriage dissolution proceedings; providing for +modification of child support obligations of persons called into active military +service under certain conditions, defining active military service(ra)