SF 758 Senate Long Description
E 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 ANNULMENTImposing a marital dissolution fee to be collected by district court administrators; 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; 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; +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, setting an appropriation base for fiscal year 2006 for grants to +counties; specifying certain cross reference correction instructions to the +revisor of statutes; repealing certain existing provisions providing for child +and medical support ARTICLE 4 � MISCELLANEOUS CIVIL LAW PROVISIONSExempting harassment restraining order actions from mandatory +alternative dispute resolution requirements; 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; providing for the solemnization of Hmong marriages by Mej Koob, +specifying certain certificate filing requirements, imposing a fine for +noncompliance with the filing requirement; 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; modifying the +definition of neglect under reporting of maltreatment of minors provisions to +include allowing a child to enter into marriage, report requirement (ra, ja)