1.1                          A bill for an act 
  1.2             relating to civil law; reforming and recodifying the 
  1.3             law relating to marriage dissolution, child custody, 
  1.4             child support, maintenance, and property division; 
  1.5             changing a fee; making style and form changes; 
  1.6             exempting harassment restraining order actions from 
  1.7             mandatory alternative dispute resolution requirements; 
  1.8             providing alternate forms of marriage solemnization; 
  1.9             modifying provisions dealing with distribution of 
  1.10            certain pension plan assets or benefits; providing for 
  1.11            modification of support obligations of certain persons 
  1.12            called into active military service; modifying 
  1.13            provisions under the child maltreatment reporting act; 
  1.14            appropriating money; amending Minnesota Statutes 2002, 
  1.15            sections 357.021, by adding a subdivision; 484.76, 
  1.16            subdivision 1; 517.05; 517.18; 518.002; 518.003, 
  1.17            subdivisions 1, 3; 518.005; 518.01; 518.02; 518.03; 
  1.18            518.04; 518.05; 518.055; 518.06; 518.07; 518.09; 
  1.19            518.091; 518.10; 518.11; 518.12; 518.13; 518.131; 
  1.20            518.14, subdivision 1; 518.148; 518.155; 518.156; 
  1.21            518.157, subdivisions 1, 2, 3, 5, 6; 518.165; 518.166; 
  1.22            518.167, subdivisions 3, 4, 5; 518.168; 518.1705, 
  1.23            subdivisions 2, 6, 7, 8, 9; 518.175; 518.1751, 
  1.24            subdivisions 1b, 2, 2a, 2b, 2c, 3; 518.1752; 518.176; 
  1.25            518.177; 518.178; 518.179, subdivision 1; 518.18; 
  1.26            518.191, subdivision 1; 518.195, subdivisions 2, 3; 
  1.27            518.24; 518.25; 518.27; 518.54, subdivisions 1, 5, 6, 
  1.28            7, 8; 518.55; 518.552; 518.58; 518.581; 518.582; 
  1.29            518.612; 518.619; 518.62; 518.64, subdivisions 1, 2, 
  1.30            by adding a subdivision; 518.641; 518.642; 518.646; 
  1.31            518.65; 518.68, subdivision 1; 519.11, subdivision 1; 
  1.32            626.556, subdivisions 2, 3; proposing coding for new 
  1.33            law as Minnesota Statutes, chapters 517A; 517B; 517C; 
  1.34            repealing Minnesota Statutes 2002, sections 518.111; 
  1.35            518.14, subdivision 2; 518.17; 518.171; 518.1752; 
  1.36            518.185; 518.24; 518.255; 518.54, subdivisions 2, 4a, 
  1.37            13, 14; 518.55, subdivision 4; 518.551; 518.5513; 
  1.38            518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 
  1.39            518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 
  1.40            518.617; 518.618; 518.6195; 518.6196; 518.62; 518.64, 
  1.41            subdivisions 4, 4a, 5; 518.68. 
  1.42  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.43                             ARTICLE 1 
  2.1        MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT 
  2.2      Section 1.  Minnesota Statutes 2002, section 357.021, is 
  2.3   amended by adding a subdivision to read: 
  2.4      Subd. 8.  [MARITAL DISSOLUTION FEE.] (a) The court 
  2.5   administrator shall collect in each proceeding in the district 
  2.6   seeking a dissolution of a marriage or a legal separation, in 
  2.7   the manner in which other fees are collected, a marital 
  2.8   dissolution fee in the amount of $....... from: 
  2.9      (1) the petitioner instituting the marital dissolution or 
  2.10  legal separation, to be collected at the time of the filing of 
  2.11  the first paper; and 
  2.12     (2) the respondent who appears, to be collected at the time 
  2.13  of the filing of the first paper by the respondent or at the 
  2.14  time when the respondent's appearance is entered in the case. 
  2.15     (b) The court administrator shall forward the marital 
  2.16  dissolution fee to the state treasurer for deposit in the 
  2.17  general fund. 
  2.18     (c) This subdivision sunsets June 30, 2005. 
  2.19     Sec. 2.  [517A.36] [MAINTENANCE PAYMENT ENFORCEMENT.] 
  2.20     (a) Except as provided in paragraph (b), the enforcement 
  2.21  requirements and procedures in chapter 517C apply to a 
  2.22  maintenance obligation, including a maintenance obligation that 
  2.23  is or was combined with a child support obligation and is part 
  2.24  of a support order as defined in section 517A.02, subdivision 14.
  2.25     (b) The enforcement requirements and procedures in sections 
  2.26  517C.04; 517C.10, subdivisions 1, 2, and 5; 517C.12, subdivision 
  2.27  4; 517C.13; 517C.22; 517C.23; 517C.27; 517C.28; 517C.30; 
  2.28  517C.63; 517C.73; 517C.80; and 517C.84, do not apply to a 
  2.29  maintenance obligation whether or not the obligation is or was 
  2.30  combined with a child support obligation. 
  2.31     Sec. 3.  Minnesota Statutes 2002, section 518.002, is 
  2.32  amended to read: 
  2.33     518.002 [USE TERM DISSOLUTION MEANING OF DIVORCE.] 
  2.34     Wherever the word "Divorce" is, as used in the statutes, it 
  2.35  has the same meaning as "dissolution" or "dissolution of 
  2.36  marriage."  
  3.1      Sec. 4.  Minnesota Statutes 2002, section 518.003, 
  3.2   subdivision 1, is amended to read: 
  3.3      Subdivision 1.  [SCOPE.] For the purposes of The 
  3.4   definitions in this section apply to this chapter, the following 
  3.5   terms have the meanings provided in this section unless the 
  3.6   context clearly requires otherwise.  
  3.7      Sec. 5.  Minnesota Statutes 2002, section 518.005, is 
  3.8   amended to read: 
  3.9      518.005 [RULES GOVERNING PROCEEDINGS.] 
  3.10     Subdivision 1.  [APPLICABLE RULES.] Unless otherwise 
  3.11  specifically provided, the rules of civil procedure for the 
  3.12  district court apply to all proceedings under this chapter and 
  3.13  chapters 517B and 517C. 
  3.14     Subd. 2.  [TITLE.] A proceeding for dissolution of 
  3.15  marriage, legal separation, or annulment shall must be entitled 
  3.16  "In re the Marriage of .......... and .......... ."  A custody 
  3.17  or support proceeding shall be entitled "In re the (Custody) 
  3.18  (Support) of .......... ." 
  3.19     Subd. 3.  [NAMES OF PLEADINGS.] The initial pleading in all 
  3.20  proceedings under sections 518.002 to 518.66 shall this chapter 
  3.21  and chapters 517B and 517C must be denominated a petition.  A 
  3.22  responsive pleading shall must be denominated an answer.  Other 
  3.23  pleadings shall must be denominated as provided in the rules of 
  3.24  civil procedure. 
  3.25     Subd. 4.  [DECREE; JUDGMENT.] In sections 518.002 to 518.66 
  3.26  this chapter and chapters 517B and 517C, "decree" includes 
  3.27  "judgment." 
  3.28     Subd. 5.  [PROHIBITED DISCLOSURE.] In all proceedings under 
  3.29  this chapter and chapters 517B and 517C, in which public 
  3.30  assistance is assigned under section 256.741 or the public 
  3.31  authority provides services to a party or parties to the 
  3.32  proceedings, notwithstanding statutory or other authorization 
  3.33  for the public authority to release private data on the location 
  3.34  of a party to the action, information on the location of one 
  3.35  party may not be released by the public authority to the other 
  3.36  party if: 
  4.1      (1) the public authority has knowledge that a protective 
  4.2   order with respect to the other party has been entered; or 
  4.3      (2) the public authority has reason to believe that the 
  4.4   release of the information may result in physical or emotional 
  4.5   harm to the other party. 
  4.6      Subd. 6.  [REQUIRED NOTICE.] Every court order or judgment 
  4.7   and decree that provides for child support, spousal maintenance, 
  4.8   custody, or parenting time must contain the notices required by 
  4.9   section 517C.99. 
  4.10     Sec. 6.  Minnesota Statutes 2002, section 518.01, is 
  4.11  amended to read: 
  4.12     518.01 [VOID MARRIAGES.] 
  4.13     All marriages which are A marriage prohibited by section 
  4.14  517.03 shall be absolutely is void, without any decree of 
  4.15  dissolution or other legal proceedings; except if a person whose 
  4.16  husband or wife has been absent for four successive years, 
  4.17  without being known to the person to be living during that time, 
  4.18  marries during the lifetime of the absent husband or wife, the 
  4.19  subsequent marriage shall be is void only from the time that its 
  4.20  nullity is duly adjudged.  If the absentee is declared dead in 
  4.21  accordance with section 576.142, the subsequent marriage shall 
  4.22  is not be void. 
  4.23     Sec. 7.  Minnesota Statutes 2002, section 518.02, is 
  4.24  amended to read: 
  4.25     518.02 [VOIDABLE MARRIAGES.] 
  4.26     A marriage shall must be declared a nullity under the 
  4.27  following circumstances if: 
  4.28     (a) (1) a party lacked capacity to consent to the marriage 
  4.29  at the time the marriage was solemnized, either because of:  (i) 
  4.30  mental incapacity or infirmity and if the other party at the 
  4.31  time the marriage was solemnized did not know of the incapacity; 
  4.32  or because of (ii) the influence of alcohol, drugs, or other 
  4.33  incapacitating substances; or because (iii) consent of either 
  4.34  was party having been obtained by force or fraud and there was 
  4.35  with no subsequent voluntary cohabitation of the parties; 
  4.36     (b) (2) a party lacks the physical capacity to consummate 
  5.1   the marriage by sexual intercourse and the other party at the 
  5.2   time the marriage was solemnized did not know of the incapacity; 
  5.3   or 
  5.4      (c) (3) a party was under the age for marriage established 
  5.5   by section 517.02 except as otherwise provided by section 
  5.6   517A.10. 
  5.7      Sec. 8.  Minnesota Statutes 2002, section 518.03, is 
  5.8   amended to read: 
  5.9      518.03 [ACTION TO ANNUL; DECREE.] 
  5.10     An annulment shall must be commenced and, the complaint 
  5.11  shall be filed, and proceedings had as in proceedings for 
  5.12  dissolution.  Upon due proof of the nullity of the marriage, it 
  5.13  shall the marriage must be adjudged null and void. 
  5.14     The provisions of sections 518.54 to 518.66 this chapter 
  5.15  and chapters 517B and 517C relating to property rights of the 
  5.16  spouses, maintenance, support, and custody of children on 
  5.17  dissolution of marriage are applicable to proceedings for 
  5.18  annulment. 
  5.19     Sec. 9.  Minnesota Statutes 2002, section 518.04, is 
  5.20  amended to read: 
  5.21     518.04 [INSUFFICIENT GROUNDS FOR ANNULMENT.] 
  5.22     No marriage shall may be adjudged a nullity on the ground 
  5.23  that one of the parties was under the age of legal consent if it 
  5.24  appears that the parties had voluntarily cohabited together as 
  5.25  husband and wife after having attained such that age; nor 
  5.26  shall.  The marriage of any an insane person must not be 
  5.27  adjudged void after restoration of the insane person to reason, 
  5.28  if it appears that the parties freely cohabited together as 
  5.29  husband and wife after such the restoration to reason.  
  5.30     Sec. 10.  Minnesota Statutes 2002, section 518.05, is 
  5.31  amended to read: 
  5.32     518.05 [ANNULMENT; WHEN TO BRING.] 
  5.33     An annulment may be sought by any of the following persons 
  5.34  and must be commenced within the times specified, but in no 
  5.35  event may an annulment be sought after the death of either party 
  5.36  to the marriage: 
  6.1      (a) For a reason set forth in (1) under section 518.02, 
  6.2   clause (a) (1), by either party or by the legal representative 
  6.3   of the party who lacked capacity to consent, no later than 90 
  6.4   days after the petitioner obtained knowledge of the described 
  6.5   condition; 
  6.6      (b) For the reason set forth in (2) under section 518.02, 
  6.7   clause (b) (2), by either party no later than one year after the 
  6.8   petitioner obtained knowledge of the described condition; 
  6.9      (c) For the reason set forth in (3) under section 518.02, 
  6.10  clause (c) (3), by the underaged party, or the party's parent or 
  6.11  guardian, before the time the underaged party reaches the age at 
  6.12  which the party could have married without satisfying the 
  6.13  omitted requirement. 
  6.14     Sec. 11.  Minnesota Statutes 2002, section 518.055, is 
  6.15  amended to read: 
  6.16     518.055 [PUTATIVE SPOUSE.] 
  6.17     Any person who has cohabited with another to whom the 
  6.18  person is not legally married in the good faith belief that the 
  6.19  person was married to the other is a putative spouse until 
  6.20  knowledge of the fact that the person is not legally married 
  6.21  terminates the status and prevents acquisition of further 
  6.22  rights.  A putative spouse acquires the rights conferred upon a 
  6.23  legal spouse, including the right to maintenance following 
  6.24  termination of the status, whether or not the marriage is 
  6.25  prohibited or declared a nullity.  If there is a legal spouse or 
  6.26  other putative spouses, rights acquired by a putative spouse do 
  6.27  not supersede the rights of the legal spouse or those acquired 
  6.28  by other putative spouses, but the court shall must apportion 
  6.29  property, maintenance, and support rights among the claimants as 
  6.30  appropriate in the circumstances and in the interests of justice.
  6.31     Sec. 12.  Minnesota Statutes 2002, section 518.06, is 
  6.32  amended to read: 
  6.33     518.06 [DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS; 
  6.34  UNCONTESTED LEGAL SEPARATION.] 
  6.35     Subdivision 1.  [MEANING AND EFFECT OF DECREES; GROUNDS.] A 
  6.36  dissolution of marriage is the termination of the marital 
  7.1   relationship between a husband and wife.  A decree of 
  7.2   dissolution completely terminates the marital status of both 
  7.3   parties.  A legal separation is a court determination of the 
  7.4   rights and responsibilities of a husband and wife arising out of 
  7.5   the marital relationship.  A decree of legal separation does not 
  7.6   terminate the marital status of the parties.  
  7.7      A dissolution of a marriage shall must be granted by a 
  7.8   county or district court when if the court finds that there has 
  7.9   been an irretrievable breakdown of the marriage relationship.  A 
  7.10  decree of legal separation shall must be granted when if the 
  7.11  court finds that one or both parties need a legal separation.  
  7.12     Defenses to divorce, dissolution and legal separation, 
  7.13  including, but not limited to, condonation, connivance, 
  7.14  collusion, recrimination, insanity, and lapse of time, are 
  7.15  abolished. 
  7.16     Subd. 3.  [UNCONTESTED LEGAL SEPARATION.] If one or both 
  7.17  parties petition for a decree of legal separation and neither 
  7.18  party contests the granting of the decree nor petitions for a 
  7.19  decree of dissolution, the court shall must grant a decree of 
  7.20  legal separation.  
  7.21     Sec. 13.  Minnesota Statutes 2002, section 518.07, is 
  7.22  amended to read: 
  7.23     518.07 [RESIDENCE OF PARTIES.] 
  7.24     No A dissolution shall must not be granted unless (1) one 
  7.25  of the parties has resided in this state, or has been a member 
  7.26  of the armed services stationed in this state, for not less than 
  7.27  at least 180 days immediately preceding the commencement of the 
  7.28  proceeding; or (2) one of the parties has been a domiciliary of 
  7.29  this state for not less than at least 180 days immediately 
  7.30  preceding commencement of the proceeding.  
  7.31     Sec. 14.  Minnesota Statutes 2002, section 518.09, is 
  7.32  amended to read: 
  7.33     518.09 [PROCEEDING; HOW AND WHERE BROUGHT; VENUE.] 
  7.34     A proceeding for dissolution or legal separation may be 
  7.35  brought by either or both spouses and shall be is commenced by 
  7.36  personal service of the summons and petition venued in the 
  8.1   county where either spouse resides.  No summons is required if a 
  8.2   joint petition is filed.  If neither party resides in the state 
  8.3   and jurisdiction is based on the domicile of either 
  8.4   spouse party, the proceeding may be brought in the county where 
  8.5   either party is domiciled.  If neither party resides or is 
  8.6   domiciled in this state and jurisdiction is premised upon one of 
  8.7   the parties being a member of the armed services stationed in 
  8.8   this state for not less than 180 days immediately preceding the 
  8.9   commencement of the proceeding, the proceeding may be brought in 
  8.10  the county where the member is stationed.  This venue shall be 
  8.11  is subject to the court's power of the court to change the place 
  8.12  of hearing by consent of the parties, or when if it appears to 
  8.13  the court that an impartial hearing cannot be had in the county 
  8.14  where the proceedings are pending, or when if the convenience of 
  8.15  the parties or the ends of justice would be promoted by the 
  8.16  change.  No summons shall be required if a joint petition is 
  8.17  filed. 
  8.18     Sec. 15.  Minnesota Statutes 2002, section 518.091, is 
  8.19  amended to read: 
  8.20     518.091 [SUMMONS; TEMPORARY RESTRAINING PROVISIONS.] 
  8.21     (a) Every summons must include the notice in this paragraph.
  8.22      NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE 
  8.23                       RESOLUTION PROVISIONS 
  8.24     UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE 
  8.25  FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, 
  8.26  UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS 
  8.27  DISMISSED: 
  8.28     (1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR 
  8.29  THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF 
  8.30  INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN 
  8.31  WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO 
  8.32  CONTEST THIS PROCEEDING; 
  8.33     (2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND 
  8.34     (3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE 
  8.35  MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR 
  8.36  BENEFICIARY DESIGNATION. 
  9.1      IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT 
  9.2   TO SANCTIONS BY THE COURT.  
  9.3      (4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE 
  9.4   ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO 
  9.5   MINNESOTA LAW.  ALTERNATIVE DISPUTE RESOLUTION INCLUDES 
  9.6   MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE 
  9.7   DISTRICT COURT RULES.  YOU MAY CONTACT THE COURT ADMINISTRATOR 
  9.8   ABOUT RESOURCES IN YOUR AREA.  IN SOME COUNTIES, IF YOU CANNOT 
  9.9   PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME 
  9.10  COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT 
  9.11  PROVIDER OR A COURT PROGRAM.  IF YOU ARE A VICTIM OF DOMESTIC 
  9.12  ABUSE OR THREATS OF ABUSE AS DEFINED IN MINNESOTA STATUTES, 
  9.13  CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY MEDIATION AND YOU WILL 
  9.14  NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS.  
  9.15     (b) Upon service of the summons, the restraining provisions 
  9.16  contained in the notice apply by operation of law upon both 
  9.17  parties until modified by further order of the court or 
  9.18  dismissal of the proceeding, unless more than one year has 
  9.19  passed since the last document was filed with the court. 
  9.20     Sec. 16.  Minnesota Statutes 2002, section 518.10, is 
  9.21  amended to read: 
  9.22     518.10 [REQUISITES OF PETITION.] 
  9.23     The A petition for dissolution of marriage or legal 
  9.24  separation shall must state and allege: 
  9.25     (a) (1) the name, address, and, in circumstances in which 
  9.26  child support or spousal maintenance will be addressed, social 
  9.27  security number of the petitioner and any prior or other name 
  9.28  used by the petitioner; 
  9.29     (b) (2) the name and, if known, the address and, in 
  9.30  circumstances in which child support or spousal maintenance will 
  9.31  be addressed, social security number of the respondent and any 
  9.32  prior or other name used by the respondent and known to the 
  9.33  petitioner; 
  9.34     (c) (3) the place and date of the marriage of the parties; 
  9.35     (d) (4) in the case of a petition for dissolution, that 
  9.36  either the petitioner or the respondent or both:  
 10.1      (1) (i) has resided in this state for not less than 180 
 10.2   days immediately preceding the commencement of the proceeding, 
 10.3   or; 
 10.4      (2) (ii) has been a member of the armed services and has 
 10.5   been stationed in this state for not less than 180 days 
 10.6   immediately preceding the commencement of the proceeding,; or 
 10.7      (3) (iii) has been a domiciliary of this state for not less 
 10.8   than 180 days immediately preceding the commencement of the 
 10.9   proceeding; 
 10.10     (e) (5) the name at the time of the petition and any prior 
 10.11  or other name, social security number, age, and date of birth of 
 10.12  each living minor or dependent child of the parties born before 
 10.13  the marriage or born or adopted during the marriage and a 
 10.14  reference to, and the expected date of birth of, a child of the 
 10.15  parties conceived during the marriage but not born; 
 10.16     (f) (6) whether or not a separate proceeding for 
 10.17  dissolution, legal separation, or custody is pending in a court 
 10.18  in this state or elsewhere; 
 10.19     (g) (7) in the case of a petition for dissolution, that 
 10.20  there has been an irretrievable breakdown of the marriage 
 10.21  relationship; 
 10.22     (h) (8) in the case of a petition for legal separation, 
 10.23  that there is a need for a decree of legal separation; 
 10.24     (i) (9) any temporary or permanent maintenance, child 
 10.25  support, child custody, disposition of property, attorneys' 
 10.26  fees, costs and disbursements applied for without setting forth 
 10.27  the amounts; and 
 10.28     (j) (10) whether an order for protection under chapter 518B 
 10.29  or a similar law of another state that governs the parties or a 
 10.30  party and a minor child of the parties is in effect and, if so, 
 10.31  the district court or similar jurisdiction in which it was 
 10.32  entered. 
 10.33     The petition shall must be verified by the petitioner or 
 10.34  petitioners, and its allegations established by competent 
 10.35  evidence. 
 10.36     Sec. 17.  Minnesota Statutes 2002, section 518.11, is 
 11.1   amended to read: 
 11.2      518.11 [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 
 11.3      (a) Unless a proceeding is brought by both parties, copies 
 11.4   of the summons and petition shall must be served on the 
 11.5   respondent personally.  
 11.6      (b) When Service is made out of this state and within the 
 11.7   United States, it may be proved by the affidavit of the person 
 11.8   making the same service.  When Service is made without 
 11.9   outside of the United States it may be proved by the affidavit 
 11.10  of the person making the same service, taken before and 
 11.11  certified: 
 11.12     (1) by any United States minister, charge d'affaires, 
 11.13  commissioner, consul or commercial agent, or other consular or 
 11.14  diplomatic officer of the United States appointed to reside 
 11.15  in such the country, including all deputies a deputy or other 
 11.16  representatives representative of such the officer authorized to 
 11.17  perform their the officer's duties; or 
 11.18     (2) before an officer authorized to administer an oath with 
 11.19  the certificate of an officer of a court of record of the 
 11.20  country wherein such in which the affidavit is taken as to the 
 11.21  identity and authority of the officer taking the same affidavit. 
 11.22     (c) If personal service cannot be made, the court may order 
 11.23  service of the summons by alternate means.  The application for 
 11.24  alternate service must include the last known location of the 
 11.25  respondent; the petitioner's most recent contacts with the 
 11.26  respondent; the last known location of the respondent's 
 11.27  employment; the names and locations of the respondent's parents, 
 11.28  siblings, children, and other close relatives; the names and 
 11.29  locations of other persons who are likely to know the 
 11.30  respondent's whereabouts; and a description of efforts to locate 
 11.31  those persons.  
 11.32     The court shall must consider the length of time the 
 11.33  respondent's location has been unknown, the likelihood that the 
 11.34  respondent's location will become known, the nature of the 
 11.35  relief sought, and the nature of efforts made to locate the 
 11.36  respondent.  The court shall must order service by first class 
 12.1   mail, forwarding address requested, to any addresses where there 
 12.2   is a reasonable possibility that mail or information will be 
 12.3   forwarded or communicated to the respondent or, if no address so 
 12.4   qualifies, then to the respondent's last known address.  
 12.5      If the petitioner seeks disposition of real estate located 
 12.6   within the state of in Minnesota, the court shall must order 
 12.7   that the summons, which shall must contain the legal description 
 12.8   of the real estate, be published in the county where the real 
 12.9   estate is located.  The court may also order publication, within 
 12.10  or without the state, but only if it might reasonably succeed in 
 12.11  notifying the respondent of the proceeding.  Also, the court may 
 12.12  require the petitioner to make efforts to locate the respondent 
 12.13  by telephone calls to appropriate persons.  Service shall be is 
 12.14  deemed complete 21 days after mailing or 21 days after 
 12.15  court-ordered publication. 
 12.16     Sec. 18.  Minnesota Statutes 2002, section 518.12, is 
 12.17  amended to read: 
 12.18     518.12 [TIME FOR ANSWERING.] 
 12.19     The respondent shall have has 30 days in which to answer 
 12.20  the petition.  In case of service by publication, the 30 
 12.21  days shall does not begin to run until the expiration of the 
 12.22  period allowed for publication.  In the case of a 
 12.23  counterpetition for dissolution or legal separation to a 
 12.24  petition for dissolution or legal separation, no answer shall be 
 12.25  is required to the counterpetition and the original 
 12.26  petitioner shall be is deemed to have denied each and every 
 12.27  statement, allegation, and claim in the counterpetition. 
 12.28     Sec. 19.  Minnesota Statutes 2002, section 518.13, is 
 12.29  amended to read: 
 12.30     518.13 [FAILURE TO ANSWER; FINDINGS; HEARING.] 
 12.31     Subdivision 1.  [DEFAULT.] If the respondent does not 
 12.32  appear after service duly made and proved, the court may hear 
 12.33  and determine the proceeding as a default matter. 
 12.34     Subd. 2.  [DISPUTE OVER IRRETRIEVABLE BREAKDOWN.] If one of 
 12.35  the parties has denied under oath or affirmation that the 
 12.36  marriage is irretrievably broken, the court shall must consider 
 13.1   all relevant factors, including the circumstances that gave rise 
 13.2   to the commencement of the proceeding and the prospect of 
 13.3   reconciliation, and shall make a finding whether the marriage is 
 13.4   irretrievably broken. 
 13.5      A finding of irretrievable breakdown under this subdivision 
 13.6   is a determination that there is no reasonable prospect of 
 13.7   reconciliation.  The finding must be supported by evidence that 
 13.8   (i) the parties have lived separate and apart for a period of 
 13.9   not less than 180 days immediately preceding the commencement of 
 13.10  the proceeding, or (ii) there is serious marital discord 
 13.11  adversely affecting the attitude of one or both of the parties 
 13.12  toward the marriage.  
 13.13     Subd. 3.  [AGREEMENT OVER IRRETRIEVABLE BREAKDOWN.] If both 
 13.14  parties by petition or otherwise have stated under oath or 
 13.15  affirmation that the marriage is irretrievably broken, or one of 
 13.16  the parties has so stated and the other has not denied it, the 
 13.17  court, after hearing, shall must make a finding that the 
 13.18  marriage is irretrievably broken.  
 13.19     Subd. 4.  [REFEREE; OPEN COURT.] The court or judge, upon 
 13.20  application, may refer the proceeding to a referee to take and 
 13.21  report the evidence therein.  Hearings for dissolution of 
 13.22  marriage shall must be heard in open court or before a referee 
 13.23  appointed by the court to receive the testimony of the 
 13.24  witnesses, or depositions taken as in other equitable actions.  
 13.25  However, the court may in its discretion close the hearing.  
 13.26     Subd. 5.  [APPROVAL WITHOUT HEARING.] Proposed findings of 
 13.27  fact, conclusions of law, order for judgment, and judgment and 
 13.28  decree must be submitted to the court for approval and filing 
 13.29  without a final hearing in the following situations: 
 13.30     (1) if there are no minor children of the marriage, and (i) 
 13.31  the parties have entered into a written stipulation, or (ii) the 
 13.32  respondent has not appeared after service duly made and proved 
 13.33  by affidavit and at least 20 days have elapsed since the time 
 13.34  for answering under section 518.12 expired; or 
 13.35     (2) if there are minor children of the marriage, the 
 13.36  parties have signed and acknowledged a stipulation, and all 
 14.1   parties are represented by counsel. 
 14.2      Notwithstanding clause (1) or (2), the court shall must 
 14.3   schedule the matter for hearing in any case where if the 
 14.4   proposed judgment and decree does not appear to be in the best 
 14.5   interests of the minor children or is contrary to the interests 
 14.6   of justice. 
 14.7      Sec. 20.  Minnesota Statutes 2002, section 518.131, is 
 14.8   amended to read: 
 14.9      518.131 [TEMPORARY ORDERS AND RESTRAINING ORDERS.] 
 14.10     Subdivision 1.  [PERMISSIBLE ORDERS.] In a proceeding 
 14.11  brought for custody, dissolution, or legal separation, or for 
 14.12  disposition of property, or maintenance, or child support 
 14.13  following the dissolution of a marriage, either party may, by 
 14.14  motion, request from the court and the court may grant a 
 14.15  temporary order pending the final disposition of the proceeding 
 14.16  to or for:  
 14.17     (a) (1) temporary custody and parenting time regarding the 
 14.18  minor children of the parties; 
 14.19     (b) (2) temporary maintenance of either spouse; 
 14.20     (c) Temporary child support for the children of the 
 14.21  parties; 
 14.22     (d) (3) temporary costs and reasonable attorney fees; 
 14.23     (e) Award the (4) temporary use and possession, exclusive 
 14.24  or otherwise, of the family home, furniture, household goods, 
 14.25  automobiles, and other property of the parties; 
 14.26     (f) (5) restrain one or both parties from transferring, 
 14.27  encumbering, concealing, or disposing of property except in the 
 14.28  usual course of business or for the necessities of life, and to 
 14.29  account to the court for all such transfers, encumbrances, 
 14.30  dispositions, and expenditures made after the order is served or 
 14.31  communicated to the party restrained in open court; 
 14.32     (g) (6) restrain one or both parties from harassing, 
 14.33  vilifying, mistreating, molesting, disturbing the peace, or 
 14.34  restraining the liberty of the other party or the children of 
 14.35  the parties; 
 14.36     (h) (7) restrain one or both parties from removing any 
 15.1   minor child of the parties from the jurisdiction of the court; 
 15.2      (i) (8) exclude a party from the family home of the parties 
 15.3   or from the home of the other party; and 
 15.4      (j) (9) require one or both of the parties to perform or to 
 15.5   not perform such additional acts as that will facilitate the 
 15.6   just and speedy disposition of the proceeding, or will protect 
 15.7   the parties or their children from physical or emotional harm.  
 15.8      Subd. 2.  [IMPERMISSIBLE ORDERS.] No A temporary order 
 15.9   shall must not: 
 15.10     (a) (1) deny parenting time to a parent unless the court 
 15.11  finds that the parenting time is likely to cause physical or 
 15.12  emotional harm to the child; 
 15.13     (b) (2) exclude a party from the family home of the parties 
 15.14  unless the court finds that physical or emotional harm to one of 
 15.15  the parties or to the children of the parties is likely to 
 15.16  result, or that the exclusion is reasonable in the 
 15.17  circumstances; or 
 15.18     (c) (3) vacate or modify an order granted under section 
 15.19  518B.01, subdivision 6, paragraph (a), clause (1), restraining 
 15.20  an abusing party from committing acts of domestic abuse, except 
 15.21  that the court may hear a motion for modification of an order 
 15.22  for protection concurrently with a proceeding for dissolution of 
 15.23  marriage upon notice of motion and motion.  The notice required 
 15.24  by court rule shall must not be waived.  If the proceedings are 
 15.25  consolidated and the motion to modify is granted, a separate 
 15.26  order for modification of an order for protection shall must be 
 15.27  issued. 
 15.28     Subd. 3.  [EX PARTE RESTRAINING ORDER; LIMITATIONS.] A 
 15.29  party may request and the court may make an ex parte restraining 
 15.30  order which may include that includes any matter that may be 
 15.31  included in a temporary order except it may not:  
 15.32     (a) A restraining order may not (1) exclude either party 
 15.33  from the family home of the parties except upon a finding by the 
 15.34  court of immediate danger of physical harm to the other party or 
 15.35  the children of either party; and or 
 15.36     (b) A restraining order may not (2) deny parenting time to 
 16.1   either party or grant custody of the minor children to either 
 16.2   party except upon a finding by the court of immediate danger of 
 16.3   physical harm to the minor children of the parties.  
 16.4      Subd. 4.  [HEARING ON RESTRAINING ORDER; DURATION.] A 
 16.5   restraining orders shall order must be personally served upon 
 16.6   the party to be restrained and shall be accompanied along with a 
 16.7   notice of the time and place of a hearing for a temporary order 
 16.8   for disposition of the matters contained in the restraining 
 16.9   order at a hearing for a temporary order.  When If a restraining 
 16.10  order has been issued, a hearing on the temporary order shall 
 16.11  must be held at the earliest practicable date.  The restrained 
 16.12  party may upon written notice to the other party advance the 
 16.13  hearing date to a time earlier than that noticed by the other 
 16.14  party.  The restraining order shall continue continues in full 
 16.15  force and effect only until the hearing time noticed, unless the 
 16.16  court, for good cause and upon notice, extends the time for 
 16.17  hearing.  
 16.18     Subd. 5.  [DURATION OF TEMPORARY ORDER.] A temporary order 
 16.19  shall continue continues in full force and effect until the 
 16.20  earlier of its amendment or vacation, dismissal of the main 
 16.21  action, or entry of a final decree of dissolution or legal 
 16.22  separation.  
 16.23     Subd. 6.  [EFFECT OF DISMISSAL OF MAIN ACTION.] If a 
 16.24  proceeding for dissolution or legal separation is dismissed, a 
 16.25  temporary custody order is vacated unless one of the parties or 
 16.26  the child's custodian moves that the proceeding continue as a 
 16.27  custody proceeding and the court finds, after a hearing, that 
 16.28  the circumstances of the parties and the best interests of the 
 16.29  child require that a custody order be issued.  
 16.30     Subd. 7.  [GUIDING FACTORS.] The court shall must be guided 
 16.31  by the factors set forth in sections 518.551 (concerning child 
 16.32  support), 518.552 (concerning maintenance), 518.17 to 518.175 
 16.33  517B.17, 517B.18, and 517B.25 (concerning custody and parenting 
 16.34  time), and 518.14 (concerning costs and attorney fees) in making 
 16.35  temporary orders and restraining orders. 
 16.36     Subd. 8.  [BASIS FOR ORDER.] Temporary orders shall must be 
 17.1   made solely on the basis of affidavits and argument of counsel 
 17.2   except upon demand by either party in a motion or responsive 
 17.3   motion made within the time limit for making and filing a 
 17.4   responsive motion that the matter be heard on oral testimony 
 17.5   before the court, or if the court in its discretion orders the 
 17.6   taking of oral testimony. 
 17.7      Subd. 9.  [PREJUDICIAL EFFECT, REVOCATION; MODIFICATION.] A 
 17.8   temporary order or restraining order:  
 17.9      (a) Shall (1) must not prejudice the rights of the parties 
 17.10  or the child which are to be adjudicated at subsequent hearings 
 17.11  in the proceeding; and 
 17.12     (b) (2) may be revoked or modified by the court before the 
 17.13  final disposition of the proceeding upon the same grounds and 
 17.14  subject to the same requirements as the initial granting of the 
 17.15  order.  
 17.16     Subd. 10.  [MISDEMEANOR.] In addition to being punishable 
 17.17  by contempt, a violation of a provision of a temporary order or 
 17.18  restraining order granting the relief authorized in subdivision 
 17.19  1, clause (g) (6), (h) (7), or (i) (8), is a misdemeanor. 
 17.20     Subd. 11.  [TEMPORARY SUPPORT AND MAINTENANCE.] Temporary 
 17.21  support and maintenance may be ordered during the time a 
 17.22  parenting plan is being developed under section 518.1705. 
 17.23     Sec. 21.  Minnesota Statutes 2002, section 518.14, 
 17.24  subdivision 1, is amended to read: 
 17.25     Subdivision 1.  [GENERAL.] (a) Except as provided in 
 17.26  subdivision 2, in a proceeding under this chapter or chapter 
 17.27  517B or 517C, the court shall must award attorney fees, costs, 
 17.28  and disbursements in an amount necessary to enable a party to 
 17.29  carry on or contest the proceeding, provided if it finds that: 
 17.30     (1) that the fees are necessary for the good-faith 
 17.31  assertion of the party's rights in the proceeding and will not 
 17.32  contribute unnecessarily to the length and expense of the 
 17.33  proceeding; 
 17.34     (2) that the party from whom fees, costs, and disbursements 
 17.35  are sought has the means to pay them; and 
 17.36     (3) that the party to whom fees, costs, and disbursements 
 18.1   are awarded does not have the means to pay them. 
 18.2      (b) Nothing in this section precludes the court from 
 18.3   awarding, in its discretion, additional fees, costs, and 
 18.4   disbursements against a party who unreasonably contributes to 
 18.5   the length or expense of the proceeding.  Fees, costs, and 
 18.6   disbursements provided for in this section may be awarded at any 
 18.7   point in the proceeding, including a modification proceeding 
 18.8   under sections 518.18 and 518.64.  The court may adjudge costs 
 18.9   and disbursements against either party.  The court may authorize 
 18.10  the collection of money awarded by execution, or out of property 
 18.11  sequestered, or in any other manner within the power of the 
 18.12  court.  An award of attorney's fees made by the court during the 
 18.13  pendency of the proceeding or in the final judgment survives the 
 18.14  proceeding and if not paid by the party directed to pay the same 
 18.15  them may be enforced as above provided in the manner provided in 
 18.16  this paragraph or by a separate civil action brought in the 
 18.17  attorney's own name.  If the proceeding is dismissed or 
 18.18  abandoned prior to determination and award of attorney's fees, 
 18.19  the court may nevertheless award attorney's fees upon the 
 18.20  attorney's motion.  The award shall also survive survives the 
 18.21  proceeding and may be enforced in the same manner as last above 
 18.22  provided in this paragraph. 
 18.23     Sec. 22.  Minnesota Statutes 2002, section 518.148, is 
 18.24  amended to read: 
 18.25     518.148 [CERTIFICATION OF DISSOLUTION.] 
 18.26     Subdivision 1.  [CERTIFICATE OF DISSOLUTION.] An attorney 
 18.27  or pro se party may prepare and submit to the court a separate 
 18.28  certificate of dissolution to be attached to the judgment and 
 18.29  decree at the time of granting the dissolution of marriage.  
 18.30  Upon approval by the court and filing of the certificate of 
 18.31  dissolution with the court administrator, the court 
 18.32  administrator shall must provide to any party upon request 
 18.33  certified copies of the certificate of dissolution. 
 18.34     Subd. 2.  [REQUIRED INFORMATION.] The certificate shall 
 18.35  must include the following information: 
 18.36     (1) the full caption and file number of the case and the 
 19.1   title "Certificate of Dissolution"; 
 19.2      (2) the names and any prior or other names of the parties 
 19.3   to the dissolution; 
 19.4      (3) the names of any living minor or dependent children as 
 19.5   identified in the judgment and decree; 
 19.6      (4) that the marriage of the parties is dissolved; 
 19.7      (5) the date of the judgment and decree; and 
 19.8      (6) the social security number of the parties to the 
 19.9   dissolution and the social security number of any living minor 
 19.10  or dependent children identified in the judgment and decree. 
 19.11     Subd. 3.  [CERTIFICATION.] The certificate of 
 19.12  dissolution shall be is conclusive evidence of the facts recited 
 19.13  in the certificate. 
 19.14     Sec. 23.  Minnesota Statutes 2002, section 518.191, 
 19.15  subdivision 1, is amended to read: 
 19.16     Subdivision 1.  [ABBREVIATED JUDGMENT AND DECREE.] If real 
 19.17  estate is described in a judgment and decree of dissolution, the 
 19.18  court may direct either of the parties or their legal counsel to 
 19.19  prepare and submit to the court a proposed summary real estate 
 19.20  disposition judgment.  Upon approval by the court and filing of 
 19.21  the summary real estate disposition judgment with the court 
 19.22  administrator, the court administrator shall must provide to any 
 19.23  party upon request certified copies of the summary real estate 
 19.24  disposition judgment. 
 19.25     Sec. 24.  Minnesota Statutes 2002, section 518.195, 
 19.26  subdivision 2, is amended to read: 
 19.27     Subd. 2.  [PROCEDURE.] A couple qualifying under all of the 
 19.28  criteria in subdivision 1, may obtain a judgment and decree by: 
 19.29     (1) filing a sworn joint declaration, on which both of 
 19.30  their signatures must be notarized, containing or appending the 
 19.31  following information: 
 19.32     (i) the demographic data required in section 518.10; 
 19.33     (ii) verifying the qualifications set forth in subdivision 
 19.34  1; 
 19.35     (iii) listing each party's nonmarital property; 
 19.36     (iv) setting forth how the marital assets and debts will be 
 20.1   apportioned; 
 20.2      (v) verifying both parties' income and preserving their 
 20.3   rights to spousal maintenance; and 
 20.4      (vi) certifying that there has been no domestic abuse of 
 20.5   one party by the other; and 
 20.6      (2) viewing any introductory and summary process 
 20.7   educational videotapes, if then available from the court, and 
 20.8   certifying that they watched any such tapes within the 30 days 
 20.9   preceding the filing of the joint declaration. 
 20.10     The district court administrator shall must enter a decree 
 20.11  of dissolution 30 days after the filing of the joint declaration 
 20.12  if the parties meet the statutory qualifications and have 
 20.13  complied with the procedural requirements of this subdivision. 
 20.14     Sec. 25.  Minnesota Statutes 2002, section 518.195, 
 20.15  subdivision 3, is amended to read: 
 20.16     Subd. 3.  [FORMS.] The state court administrator shall must 
 20.17  develop simplified forms and instructions for the summary 
 20.18  process.  District court administrators shall must make the 
 20.19  forms for the summary process available upon request and shall 
 20.20  must accept joint declarations for filing on and after July 1, 
 20.21  1997. 
 20.22     Sec. 26.  Minnesota Statutes 2002, section 518.24, is 
 20.23  amended to read: 
 20.24     518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 
 20.25     In all cases when If maintenance or support payments are 
 20.26  ordered, the court may require sufficient security to be given 
 20.27  for the payment of them according to the terms of the order.  
 20.28  Upon neglect or refusal to give security, or upon failure to pay 
 20.29  the maintenance or support, the court may sequester the 
 20.30  obligor's personal estate and the rents and profits of real 
 20.31  estate of the obligor, and appoint a receiver of them.  The 
 20.32  court may cause the personal estate and the rents and profits of 
 20.33  the real estate to be applied according to the terms of the 
 20.34  order.  The obligor is presumed to have an income from a source 
 20.35  sufficient to pay the maintenance or support order.  A child 
 20.36  support or maintenance order constitutes prima facie evidence 
 21.1   that the obligor has the ability to pay the award.  If the 
 21.2   obligor disobeys the order, it is prima facie evidence of 
 21.3   contempt.  The court may cite the obligor for contempt under 
 21.4   this section, section 518.617, or chapter 588. 
 21.5      Sec. 27.  Minnesota Statutes 2002, section 518.25, is 
 21.6   amended to read: 
 21.7      518.25 [REMARRIAGE; REVOCATION.] 
 21.8      When a dissolution has been granted, and the parties 
 21.9   afterward intermarry If two people remarry each other after 
 21.10  dissolution of their prior marriage, the court, upon their joint 
 21.11  application, and upon satisfactory proof of such the marriage, 
 21.12  may revoke all decrees and orders of dissolution, maintenance, 
 21.13  and subsistence which will that do not affect the rights of 
 21.14  third persons. 
 21.15     Sec. 28.  Minnesota Statutes 2002, section 518.27, is 
 21.16  amended to read: 
 21.17     518.27 [NAME OF PARTY.] 
 21.18     Except as provided in section 259.13, in the final decree 
 21.19  of dissolution or legal separation the court shall must, if 
 21.20  requested by a party, change the name of that party to another 
 21.21  name as the party requests.  The court shall must grant a 
 21.22  request unless it finds that there is an intent to defraud or 
 21.23  mislead, unless the name change is subject to section 259.13, in 
 21.24  which case the requirements of that section apply.  The 
 21.25  court shall must notify the parties that use of a different 
 21.26  surname after dissolution or legal separation without complying 
 21.27  with section 259.13, if applicable, is a gross misdemeanor.  The 
 21.28  party's new name shall must be so designated in the final decree.
 21.29     Sec. 29.  Minnesota Statutes 2002, section 518.54, 
 21.30  subdivision 1, is amended to read: 
 21.31     Subdivision 1.  [TERMS SCOPE.] For the purposes of sections 
 21.32  518.54 to 518.66, the terms defined The definitions in this 
 21.33  section shall have the meanings respectively ascribed to 
 21.34  them apply to sections 517A.31 to 517A.41. 
 21.35     Sec. 30.  Minnesota Statutes 2002, section 518.54, 
 21.36  subdivision 5, is amended to read: 
 22.1      Subd. 5.  [MARITAL PROPERTY; EXCEPTIONS.] "Marital 
 22.2   property" means property, real or personal property, including 
 22.3   vested public or private pension plan benefits or rights, 
 22.4   acquired by one or both of the parties, or either of them, to a 
 22.5   dissolution, legal separation, or annulment proceeding at any 
 22.6   time during the existence of the marriage relation between them, 
 22.7   or at any time during which the parties were living together as 
 22.8   husband and wife under a purported marriage relationship which 
 22.9   is annulled in an annulment proceeding, but prior to the date of 
 22.10  valuation under section 518.58, subdivision 1.  All property 
 22.11  acquired by either spouse subsequent to the marriage and before 
 22.12  the valuation date is presumed to be marital property regardless 
 22.13  of whether title is held individually or by the spouses in a 
 22.14  form of coownership such as joint tenancy, tenancy in common, 
 22.15  tenancy by the entirety, or community property.  Each 
 22.16  spouse shall be is deemed to have a common ownership in marital 
 22.17  property that vests not later than the time of the entry of the 
 22.18  decree in a proceeding for dissolution or annulment.  The extent 
 22.19  of the vested interest shall must be determined and made final 
 22.20  by the court pursuant to section 518.58.  If a title interest in 
 22.21  real property is held individually by only one spouse, the 
 22.22  interest in the real property of the nontitled spouse is not 
 22.23  subject to claims of creditors or judgment or tax liens until 
 22.24  the time of entry of the decree awarding an interest to the 
 22.25  nontitled spouse.  The presumption of marital property is 
 22.26  overcome by a showing that the property is nonmarital property. 
 22.27     "Nonmarital property" means property real or personal, 
 22.28  acquired by either spouse before, during, or after the existence 
 22.29  of their marriage, which: 
 22.30     (a) (1) is acquired as a gift, bequest, devise, or 
 22.31  inheritance made by a third party to one but not to the other 
 22.32  spouse; 
 22.33     (b) (2) is acquired before the marriage; 
 22.34     (c) (3) is acquired in exchange for or is the increase in 
 22.35  value of property which is described in clauses (a), (b), (d), 
 22.36  and (e) clause (1), (2), (4), or (5); 
 23.1      (d) (4) is acquired by a spouse after the valuation date; 
 23.2   or 
 23.3      (e) (5) is excluded by a valid antenuptial contract. 
 23.4      Sec. 31.  Minnesota Statutes 2002, section 518.54, 
 23.5   subdivision 6, is amended to read: 
 23.6      Subd. 6.  [INCOME.] "Income" means any form of periodic 
 23.7   payment to an individual including, but not limited to, wages, 
 23.8   salaries, payments to an independent contractor, workers' 
 23.9   compensation, unemployment benefits, and annuity, military and 
 23.10  or naval retirement, pension and or disability payments.  
 23.11  "Income" does not include benefits received under Title IV-A of 
 23.12  the Social Security Act and or chapter 256J are not income under 
 23.13  this section. 
 23.14     Sec. 32.  Minnesota Statutes 2002, section 518.54, 
 23.15  subdivision 7, is amended to read: 
 23.16     Subd. 7.  [OBLIGEE.] "Obligee" means a person to whom 
 23.17  payments for maintenance or support are owed.  
 23.18     Sec. 33.  Minnesota Statutes 2002, section 518.54, 
 23.19  subdivision 8, is amended to read: 
 23.20     Subd. 8.  [OBLIGOR.] "Obligor" means a person obligated to 
 23.21  pay maintenance or support.  A person who is designated as the 
 23.22  sole physical custodian of a child is presumed not to be an 
 23.23  obligor for purposes of calculating current support under 
 23.24  section 518.551 unless the court makes specific written findings 
 23.25  to overcome this presumption. 
 23.26     Sec. 34.  Minnesota Statutes 2002, section 518.55, is 
 23.27  amended to read: 
 23.28     518.55 [MAINTENANCE OR SUPPORT MONEY.] 
 23.29     Subdivision 1.  [CONTENTS OF ORDER.] Every award of 
 23.30  maintenance or support money in a judgment of dissolution or 
 23.31  legal separation shall must clearly designate whether the same 
 23.32  it is maintenance or support money, or what part of the award is 
 23.33  maintenance and what part is support money.  An award of 
 23.34  payments from future income or earnings of the parent with whom 
 23.35  the child resides is presumed to be maintenance and an award of 
 23.36  payments from the future income or earnings of the parent with 
 24.1   whom the child does not reside is presumed to be support money, 
 24.2   unless otherwise designated by the court.  In a judgment of 
 24.3   dissolution or legal separation the court may determine, as one 
 24.4   of the issues of the case, whether or not either spouse is 
 24.5   entitled to an award of maintenance notwithstanding that no 
 24.6   award is then made, or it may reserve jurisdiction of the issue 
 24.7   of maintenance for determination at a later date. 
 24.8      Subd. 3.  [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] Every 
 24.9   obligor shall must notify the obligee and the public authority 
 24.10  responsible for collection, if applicable, of a change of 
 24.11  address or residence within 60 days of the address or residence 
 24.12  change.  Every order for support or maintenance must contain a 
 24.13  conspicuous notice complying with section 518.68, subdivision 
 24.14  2 517C.99.  The court may waive or modify the requirements of 
 24.15  this subdivision by order if necessary to protect the obligor 
 24.16  from contact by the obligee. 
 24.17     Subd. 4.  [DETERMINATION OF CONTROLLING ORDER.] The public 
 24.18  authority or a party may request the district court to determine 
 24.19  a controlling order in situations in which more than one order 
 24.20  involving the same obligor and child exists. 
 24.21     Sec. 35.  Minnesota Statutes 2002, section 518.552, is 
 24.22  amended to read: 
 24.23     518.552 [MAINTENANCE.] 
 24.24     Subdivision 1.  [JURISDICTION; GROUNDS.] In a proceeding 
 24.25  for dissolution of marriage or legal separation, or in a 
 24.26  proceeding for maintenance following dissolution of the marriage 
 24.27  by a court which lacked personal jurisdiction over the absent 
 24.28  spouse and which has since acquired jurisdiction, the court may 
 24.29  grant a maintenance order for either spouse if it finds that the 
 24.30  spouse seeking maintenance: 
 24.31     (a) (1) lacks sufficient property, including marital 
 24.32  property apportioned to the spouse, to provide for reasonable 
 24.33  needs of the spouse considering the standard of living 
 24.34  established during the marriage, especially, but not limited to, 
 24.35  a period of training or education,; or 
 24.36     (b) (2) is unable to provide adequate self-support, after 
 25.1   considering the standard of living established during the 
 25.2   marriage and all relevant circumstances, through appropriate 
 25.3   employment,; or is the custodian of 
 25.4      (3) if a child whose resides with the spouse and the 
 25.5   child's condition or circumstances make it appropriate that 
 25.6   the custodian spouse not be required to seek employment outside 
 25.7   the home. 
 25.8      Subd. 2.  [AMOUNT; DURATION.] The maintenance order shall 
 25.9   must be in amounts and for periods of time, either temporary or 
 25.10  permanent, as that the court deems just, without regard to 
 25.11  marital misconduct, and after considering all relevant factors 
 25.12  including: 
 25.13     (a) (1) the financial resources of the party seeking 
 25.14  maintenance, including marital property apportioned to the 
 25.15  party, and the party's ability to meet needs independently, 
 25.16  including the extent to which a provision for support of a child 
 25.17  living with the party includes a sum for that party as custodian 
 25.18  caretaker; 
 25.19     (b) (2) the time necessary to acquire sufficient education 
 25.20  or training to enable the party seeking maintenance to find 
 25.21  appropriate employment, and the probability, given the party's 
 25.22  age and skills, of completing education or training and becoming 
 25.23  fully or partially self-supporting; 
 25.24     (c) (3) the standard of living established during the 
 25.25  marriage; 
 25.26     (d) (4) the duration of the marriage and, in the case of a 
 25.27  homemaker, the length of absence from employment and the extent 
 25.28  to which any education, skills, or experience have become 
 25.29  outmoded and earning capacity has become permanently diminished; 
 25.30     (e) (5) the loss of earnings, seniority, retirement 
 25.31  benefits, and other employment opportunities forgone by the 
 25.32  spouse seeking spousal maintenance; 
 25.33     (f) (6) the age, and the physical and emotional condition 
 25.34  of the spouse seeking maintenance; 
 25.35     (g) (7) the ability of the spouse from whom maintenance is 
 25.36  sought to meet needs while meeting those of the spouse seeking 
 26.1   maintenance; and 
 26.2      (h) (8) the contribution of each party in the acquisition, 
 26.3   preservation, depreciation, or appreciation in the amount or 
 26.4   value of the marital property, as well as the contribution of a 
 26.5   spouse as a homemaker or in furtherance of the other party's 
 26.6   employment or business. 
 26.7      Subd. 3.  [PERMANENCY OF AWARD.] Nothing in This section 
 26.8   shall must not be construed to favor a temporary award of 
 26.9   maintenance over a permanent award, where if the factors under 
 26.10  subdivision 2 justify a permanent award. 
 26.11     Where If there is some uncertainty as to the necessity of a 
 26.12  permanent award, the court shall must order a permanent award 
 26.13  leaving its order open for later modification. 
 26.14     Subd. 4.  [REOPENING MAINTENANCE AWARDS.] Section 518.145, 
 26.15  subdivision 2, applies to maintenance awards of spousal 
 26.16  maintenance. 
 26.17     Subd. 5.  [PRIVATE AGREEMENTS.] The parties may expressly 
 26.18  preclude or limit modification of maintenance through a 
 26.19  stipulation, if the court makes specific findings that the 
 26.20  stipulation is fair and, equitable, is and supported by 
 26.21  consideration described in the findings, and that full 
 26.22  disclosure of each party's financial circumstances has 
 26.23  occurred.  The stipulation must be made a part of the judgment 
 26.24  and decree. 
 26.25     Sec. 36.  Minnesota Statutes 2002, section 518.58, is 
 26.26  amended to read: 
 26.27     518.58 [DIVISION OF MARITAL PROPERTY.] 
 26.28     Subdivision 1.  [GENERAL.] Upon a dissolution of a 
 26.29  marriage, an annulment, or in a proceeding for disposition of 
 26.30  property following a dissolution of marriage by a court which 
 26.31  lacked personal jurisdiction over the absent spouse or lacked 
 26.32  jurisdiction to dispose of the property and which has since 
 26.33  acquired jurisdiction, the court shall must make a just and 
 26.34  equitable division of the marital property of the parties 
 26.35  without regard to marital misconduct, after making findings 
 26.36  regarding the division of the property.  The court shall must 
 27.1   base its findings on all relevant factors including the length 
 27.2   of the marriage, any prior marriage of a party, the age, health, 
 27.3   station, occupation, amount and sources of income, vocational 
 27.4   skills, employability, estate, liabilities, needs, opportunity 
 27.5   for future acquisition of capital assets, and income of each 
 27.6   party.  The court shall must also consider the contribution of 
 27.7   each in the acquisition, preservation, depreciation, or 
 27.8   appreciation in the amount or value of the marital property, as 
 27.9   well as the contribution of a spouse as a homemaker.  It shall 
 27.10  be is conclusively presumed that each spouse made a substantial 
 27.11  contribution to the acquisition of income and property while 
 27.12  they were living together as husband and wife.  The court may 
 27.13  also award to either spouse the household goods and furniture of 
 27.14  the parties, whether or not acquired during the marriage.  The 
 27.15  court shall must value marital assets for purposes of division 
 27.16  between the parties as of the day of the initially scheduled 
 27.17  prehearing settlement conference, unless a different date is 
 27.18  agreed upon by the parties, or unless the court makes specific 
 27.19  findings that another date of valuation is fair and equitable.  
 27.20  If there is a substantial change in value of an asset between 
 27.21  the date of valuation and the final distribution, the court may 
 27.22  adjust the valuation of that asset as necessary to effect an 
 27.23  equitable distribution.  
 27.24     Subd. 1a.  [TRANSFER, ENCUMBRANCE, CONCEALMENT, OR 
 27.25  DISPOSITION OF MARITAL ASSETS.] In contemplation of commencing 
 27.26  or during the pendency of a marriage dissolution, separation, or 
 27.27  annulment proceeding, or in contemplation of commencing a 
 27.28  marriage dissolution, separation, or annulment proceeding, each 
 27.29  party owes a fiduciary duty to the other for any profit or loss 
 27.30  derived by the party, without the consent of the other, from a 
 27.31  transaction or from any use by the party of the marital assets.  
 27.32  If the court finds that a party to a marriage, without consent 
 27.33  of the other party, has in contemplation of commencing, or 
 27.34  during the pendency of, the current dissolution, separation, or 
 27.35  annulment proceeding, transferred, encumbered, concealed, or 
 27.36  disposed of marital assets except in the usual course of 
 28.1   business or for the necessities of life, the court shall must 
 28.2   compensate the other party by placing both parties in the same 
 28.3   position that they would have been in had the transfer, 
 28.4   encumbrance, concealment, or disposal not occurred.  The burden 
 28.5   of proof under this subdivision is on the party claiming that 
 28.6   the other party transferred, encumbered, concealed, or disposed 
 28.7   of marital assets in contemplation of commencing or during the 
 28.8   pendency of the current dissolution, separation, or annulment 
 28.9   proceeding, without consent of the claiming party, and that the 
 28.10  transfer, encumbrance, concealment, or disposal was not in the 
 28.11  usual course of business or for the necessities of life.  In 
 28.12  compensating a party under this section, the court, in dividing 
 28.13  the marital property, may impute the entire value of an asset 
 28.14  and a fair return on the asset to the party who transferred, 
 28.15  encumbered, concealed, or disposed of it.  Use of a power of 
 28.16  attorney, or the absence of a restraining order against the 
 28.17  transfer, encumbrance, concealment, or disposal of marital 
 28.18  property is not available as a defense under this subdivision. 
 28.19     Subd. 2.  [AWARD OF NONMARITAL PROPERTY.] If the court 
 28.20  finds that either spouse's resources or property, including the 
 28.21  spouse's portion of the marital property as defined in section 
 28.22  518.54, subdivision 5, are so inadequate as to work an unfair 
 28.23  hardship, considering all relevant circumstances, the court may, 
 28.24  in addition to the marital property, apportion up to one-half of 
 28.25  the property otherwise excluded under section 518.54, 
 28.26  subdivision 5, clauses (a) (1) to (d) (4), to prevent the unfair 
 28.27  hardship.  If the court apportions property other than marital 
 28.28  property, it shall must make findings in support of the 
 28.29  apportionment.  The findings shall must be based on all relevant 
 28.30  factors including the length of the marriage, any prior marriage 
 28.31  of a party, the age, health, station, occupation, amount and 
 28.32  sources of income, vocational skills, employability, estate, 
 28.33  liabilities, needs, and opportunity for future acquisition of 
 28.34  capital assets and income of each party. 
 28.35     Subd. 3.  [SALE OR DISTRIBUTION WHILE PROCEEDING PENDING.] 
 28.36  (a) If the court finds that it is necessary to preserve the 
 29.1   marital assets of the parties, the court may order the sale of 
 29.2   the homestead of the parties or the sale of other marital 
 29.3   assets, as the individual circumstances may require, during the 
 29.4   pendency of a proceeding for a dissolution of marriage or an 
 29.5   annulment.  If the court orders a sale, it may further provide 
 29.6   for the disposition of the funds received from the sale during 
 29.7   the pendency of the proceeding. If liquid or readily liquidated 
 29.8   marital property other than property representing vested pension 
 29.9   benefits or rights is available, the court, so far as possible, 
 29.10  shall must divide the property representing vested pension 
 29.11  benefits or rights by the disposition of an equivalent amount of 
 29.12  the liquid or readily liquidated property.  
 29.13     (b) The court may order a partial distribution of marital 
 29.14  assets during the pendency of a proceeding for a dissolution of 
 29.15  marriage or an annulment for good cause shown or upon the 
 29.16  request of both parties, provided that as long as the court 
 29.17  shall fully protect protects the interests of the other party. 
 29.18     Subd. 4.  [PENSION PLANS.] (a) The division of marital 
 29.19  property that represents pension plan benefits or rights in the 
 29.20  form of future pension plan payments:  
 29.21     (1) is payable only to the extent of the amount of the 
 29.22  pension plan benefit payable under the terms of the plan; 
 29.23     (2) is not payable for a period that exceeds the time that 
 29.24  pension plan benefits are payable to the pension plan benefit 
 29.25  recipient; 
 29.26     (3) is not payable in a lump sum amount from pension plan 
 29.27  assets attributable in any fashion to a spouse with the status 
 29.28  of an active member, deferred retiree, or benefit recipient of a 
 29.29  pension plan; 
 29.30     (4) if the former spouse to whom the payments are to be 
 29.31  made dies prior to the end of the specified payment period with 
 29.32  the right to any remaining payments accruing to an estate or to 
 29.33  more than one survivor, is payable only to a trustee on behalf 
 29.34  of the estate or the group of survivors for subsequent 
 29.35  apportionment by the trustee; and 
 29.36     (5) in the case of public pension plan benefits or rights, 
 30.1   may not commence until the public plan member submits a valid 
 30.2   application for a public pension plan benefit and the benefit 
 30.3   becomes payable. 
 30.4      (b) The An individual retirement account plans plan 
 30.5   established under chapter 354B may provide in its plan document, 
 30.6   if published and made generally available, for an alternative 
 30.7   marital property division or distribution of individual 
 30.8   retirement account plan assets.  If an alternative division or 
 30.9   distribution procedure is provided, it applies in place of 
 30.10  paragraph (a), clause (5). 
 30.11     Sec. 37.  Minnesota Statutes 2002, section 518.581, is 
 30.12  amended to read: 
 30.13     518.581 [SURVIVING SPOUSE BENEFIT.] 
 30.14     Subdivision 1.  [AWARD OF BENEFIT.] If a current or former 
 30.15  employee's marriage is dissolved, the court may order the 
 30.16  employee, the employee's pension plan, or both, to pay amounts 
 30.17  as part of the division of pension rights that the court may 
 30.18  make under section 518.58, or as an award of maintenance in the 
 30.19  form of a percentage of periodic or other payments or in the 
 30.20  form of a fixed dollar amount.  The court may, as part of the 
 30.21  order, award a former spouse all or part of a survivor benefit 
 30.22  unless the plan does not allow by law the payment of a surviving 
 30.23  spouse benefit to a former spouse. 
 30.24     Subd. 2.  [PAYMENT OF FUNDS BY RETIREMENT PLAN.] (a) If the 
 30.25  court has ordered that a spouse has an interest in a pension 
 30.26  plan, the court may order the pension plan to withhold payment 
 30.27  of a refund upon termination of employment or lump sum 
 30.28  distribution to the extent of the spouse's interest in the plan, 
 30.29  or to provide survivor benefits ordered by the court.  
 30.30     (b) The court may not order the pension plan to:  
 30.31     (1) pay more than the equivalent of one surviving spouse 
 30.32  benefit, regardless of the number of spouses or former spouses 
 30.33  who may be sharing in a portion of the total benefit; 
 30.34     (2) pay surviving spouse benefits under circumstances where 
 30.35  the plan member does not have a right to elect surviving spouse 
 30.36  benefits; 
 31.1      (3) pay surviving spouse benefits to a former spouse if the 
 31.2   former spouse would not be eligible for benefits under the terms 
 31.3   of the plan; or 
 31.4      (4) order pay survivor benefits which, when combined with 
 31.5   the annuity or benefit payable to the pension plan member, 
 31.6   exceed the actuarial equivalent value of the normal retirement 
 31.7   annuity form, determined under the plan documents of the pension 
 31.8   plan then in effect and the actuarial assumptions then in effect 
 31.9   for calculating optional annuity forms by the pension plan or 
 31.10  for calculating the funding requirements of the pension plan if 
 31.11  no optional annuity forms are provided by the pension plan. 
 31.12     (c) If more than one spouse or former spouse is entitled to 
 31.13  a surviving spouse benefit, the pension plan shall must pay each 
 31.14  spouse a portion of the benefit based on the ratio of the number 
 31.15  of years the spouse was married to the plan member to the total 
 31.16  number of years the plan member was married to spouses who are 
 31.17  entitled to the benefit. 
 31.18     Subd. 3.  [NOTICE TO FORMER SPOUSE.] A pension plan 
 31.19  shall must notify a former spouse of an application by the 
 31.20  employee for a refund of pension benefits if the former spouse 
 31.21  has filed with the pension plan: 
 31.22     (1) a copy of the court order, including a withholding 
 31.23  order, determining the former spouse's rights; 
 31.24     (2) the name and last known address of the employee; and 
 31.25     (3) the name and address of the former spouse. 
 31.26     A pension plan shall must comply with an order, including a 
 31.27  withholding order, issued by a court having jurisdiction over 
 31.28  dissolution of marriage that is served on the pension plan, if 
 31.29  the order states the name, last known address of the payees, and 
 31.30  name and address of the former spouse, or if the names and 
 31.31  addresses are provided to the pension plan with service of the 
 31.32  order. 
 31.33     Subd. 4.  [DEFINITIONS.] For purposes of The definitions in 
 31.34  this subdivision apply to this section, the following terms have 
 31.35  the meanings given in this subdivision. 
 31.36     (a) "Current or former employee" or "employee" means an 
 32.1   individual who has an interest in a pension plan. 
 32.2      (b) "Surviving spouse benefit" means (1) a benefit a 
 32.3   surviving spouse may be eligible for under the laws and bylaws 
 32.4   of the pension plan if the employee dies before retirement, or 
 32.5   (2) a benefit selected for or available to a surviving spouse 
 32.6   under the laws and bylaws of the pension plan upon the death of 
 32.7   the employee after retirement. 
 32.8      Sec. 38.  Minnesota Statutes 2002, section 518.582, is 
 32.9   amended to read: 
 32.10     518.582 [PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.] 
 32.11     Subdivision 1.  [APPOINTMENT OF ACTUARY.] Each A court of 
 32.12  this state that has with jurisdiction to decide marriage 
 32.13  dissolution matters may appoint a qualified person experienced 
 32.14  in the valuation of pension benefits and rights to function as 
 32.15  an expert witness in valuing pension benefits or rights. 
 32.16     Subd. 2.  [STANDARDS.] (a) A court appointed actuary shall 
 32.17  must determine the present value of pension benefits or rights 
 32.18  that are marital property of the parties to the action: 
 32.19     (1) based on the applicable plan documents of the pension 
 32.20  plan and the applicable actuarial assumptions specified for use 
 32.21  in calculating optional annuity forms by the pension plan or for 
 32.22  funding the pension plan, if reasonable,; or 
 32.23     (2) as specified by the court.  
 32.24     (b) The court appointed actuary shall must report to the 
 32.25  court and to the parties the present value of the pension 
 32.26  benefits or rights that are marital property. 
 32.27     Subd. 3.  [COMPENSATION.] The court appointed actuary may 
 32.28  be compensated at a rate established by the court.  The 
 32.29  compensation of the court appointed actuary shall must be 
 32.30  allocated between the parties as the court directs. 
 32.31     Subd. 4.  [STIPULATION.] In lieu of valuing pension 
 32.32  benefits or rights through use of the court appointed actuary, 
 32.33  the parties may stipulate the present value of pension benefits 
 32.34  or rights that are marital property. 
 32.35     Sec. 39.  Minnesota Statutes 2002, section 518.62, is 
 32.36  amended to read: 
 33.1      518.62 [TEMPORARY ORDER; MAINTENANCE; HOMESTEAD.] 
 33.2      Temporary maintenance and temporary support may be awarded 
 33.3   as provided in section 518.131.  The court may also award to 
 33.4   either party to the proceeding, having due regard to all the 
 33.5   circumstances and the party awarded the custody of the children, 
 33.6   the right to the exclusive use of the household goods and 
 33.7   furniture of the parties pending the proceeding and the right to 
 33.8   the use of the homestead of the parties, exclusive or otherwise, 
 33.9   pending the proceeding.  The court may order either party to 
 33.10  remove from the homestead of the parties upon proper application 
 33.11  to the court for an order pending the proceeding.  
 33.12     Sec. 40.  Minnesota Statutes 2002, section 518.64, 
 33.13  subdivision 1, is amended to read: 
 33.14     Subdivision 1.  [AUTHORITY.] (a) After an order for 
 33.15  temporary or permanent maintenance or support money, temporary 
 33.16  or permanent, or for the appointment of trustees to receive 
 33.17  property awarded as maintenance or support money, the court may 
 33.18  from time to time, on motion of either of the parties, either 
 33.19  party or the public authority responsible for support 
 33.20  enforcement may move for modification.  A copy of which is a 
 33.21  motion by a party must be served on the public authority 
 33.22  responsible for child support enforcement if payments are made 
 33.23  through it, or on motion of the public authority responsible for 
 33.24  support enforcement,. 
 33.25     (b) The court may: 
 33.26     (1) modify the order respecting the amount of 
 33.27  maintenance or support money, and the its payment of it, and 
 33.28  also respecting the or appropriation and payment of the 
 33.29  principal and income of property held in trust,; and may 
 33.30     (2) make an order respecting these matters which it might 
 33.31  have made in the original proceeding, except as herein otherwise 
 33.32  provided subject to subdivisions 2 and 3.  
 33.33     (c) A party or the public authority also may bring a motion 
 33.34  for contempt of court if the obligor is in arrears in support or 
 33.35  maintenance payments. 
 33.36     Sec. 41.  Minnesota Statutes 2002, section 518.64, 
 34.1   subdivision 2, is amended to read: 
 34.2      Subd. 2.  [MODIFICATION.] (a) The terms of an order 
 34.3   respecting maintenance or support may be modified upon a showing 
 34.4   of one or more of the following:  (1) substantially increased or 
 34.5   decreased earnings of a party; (2) substantially increased or 
 34.6   decreased need of a party or the child or children that are the 
 34.7   subject of these proceedings; (3) receipt of assistance under 
 34.8   the AFDC program formerly codified under sections 256.72 to 
 34.9   256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 
 34.10  change in the cost of living for either party as measured by the 
 34.11  federal bureau of statistics, any of which makes the terms 
 34.12  unreasonable and unfair; (5) extraordinary medical expenses of 
 34.13  the child not provided for under section 518.171; or (6) the 
 34.14  addition of work-related or education-related child care 
 34.15  expenses of the obligee or a substantial increase or decrease in 
 34.16  existing work-related or education-related child care expenses.  
 34.17     On a motion to modify support, the needs of any child the 
 34.18  obligor has after the entry of the support order that is the 
 34.19  subject of a modification motion shall be considered as provided 
 34.20  by section 518.551, subdivision 5f. 
 34.21     (b) It is presumed that there has been a substantial change 
 34.22  in circumstances under paragraph (a) and the terms of a current 
 34.23  support order shall be rebuttably presumed to be unreasonable 
 34.24  and unfair if: 
 34.25     (1) the application of the child support guidelines in 
 34.26  section 518.551, subdivision 5, to the current circumstances of 
 34.27  the parties results in a calculated court order that is at least 
 34.28  20 percent and at least $50 per month higher or lower than the 
 34.29  current support order; 
 34.30     (2) the medical support provisions of the order established 
 34.31  under section 518.171 are not enforceable by the public 
 34.32  authority or the obligee; 
 34.33     (3) health coverage ordered under section 518.171 is not 
 34.34  available to the child for whom the order is established by the 
 34.35  parent ordered to provide; or 
 34.36     (4) the existing support obligation is in the form of a 
 35.1   statement of percentage and not a specific dollar amount.  
 35.2      (c) (b) On a motion for modification of maintenance, 
 35.3   including a motion for the extension of the duration of a 
 35.4   maintenance award, the court shall must apply, in addition to 
 35.5   all other relevant factors, the factors for an award of 
 35.6   maintenance under section 518.552 that exist at the time of the 
 35.7   motion.  On a motion for modification of support, the court:  
 35.8      (1) shall apply section 518.551, subdivision 5, and shall 
 35.9   not consider the financial circumstances of each party's spouse, 
 35.10  if any; and 
 35.11     (2) shall not consider compensation received by a party for 
 35.12  employment in excess of a 40-hour work week, provided that the 
 35.13  party demonstrates, and the court finds, that: 
 35.14     (i) the excess employment began after entry of the existing 
 35.15  support order; 
 35.16     (ii) the excess employment is voluntary and not a condition 
 35.17  of employment; 
 35.18     (iii) the excess employment is in the nature of additional, 
 35.19  part-time employment, or overtime employment compensable by the 
 35.20  hour or fractions of an hour; 
 35.21     (iv) the party's compensation structure has not been 
 35.22  changed for the purpose of affecting a support or maintenance 
 35.23  obligation; 
 35.24     (v) in the case of an obligor, current child support 
 35.25  payments are at least equal to the guidelines amount based on 
 35.26  income not excluded under this clause; and 
 35.27     (vi) in the case of an obligor who is in arrears in child 
 35.28  support payments to the obligee, any net income from excess 
 35.29  employment must be used to pay the arrearages until the 
 35.30  arrearages are paid in full. 
 35.31     (d) (c) A modification of support or maintenance, including 
 35.32  interest that accrued pursuant to section 548.091, may be made 
 35.33  retroactive only with respect to any period during which the 
 35.34  petitioning party has pending a motion for modification but only 
 35.35  from the date of service of notice of the motion on the 
 35.36  responding party and on the public authority if public 
 36.1   assistance is being furnished or the county attorney is the 
 36.2   attorney of record.  However, modification may be applied to an 
 36.3   earlier period if the court makes express findings that:  
 36.4      (1) the party seeking modification was precluded from 
 36.5   serving a motion by reason of a significant physical or mental 
 36.6   disability, a material misrepresentation of another party, or 
 36.7   fraud upon the court and that the party seeking modification, 
 36.8   when no longer precluded, promptly served a motion; 
 36.9      (2) the party seeking modification was a recipient of 
 36.10  federal Supplemental Security Income (SSI), Title II Older 
 36.11  Americans, Survivor's Disability Insurance (OASDI), other 
 36.12  disability benefits, or public assistance based upon need during 
 36.13  the period for which retroactive modification is sought; 
 36.14     (3) the order for which the party seeks amendment was 
 36.15  entered by default, the party shows good cause for not 
 36.16  appearing, and the record contains no factual evidence, or 
 36.17  clearly erroneous evidence regarding the individual obligor's 
 36.18  ability to pay; or 
 36.19     (4) the party seeking modification was institutionalized or 
 36.20  incarcerated for an offense other than nonsupport of a child 
 36.21  during the period for which retroactive modification is sought 
 36.22  and lacked the financial ability to pay the support ordered 
 36.23  during that time period.  In determining whether to allow the 
 36.24  retroactive modification, the court shall consider whether and 
 36.25  when a request was made to the public authority for support 
 36.26  modification.  
 36.27  The court may provide that a reduction in the amount allocated 
 36.28  for child care expenses based on a substantial decrease in the 
 36.29  expenses is effective as of the date the expenses decreased. 
 36.30     (e) (d) Except for an award of the right of occupancy of 
 36.31  the homestead, provided in under section 518.63, all divisions 
 36.32  of real and personal property provided by section 518.58 shall 
 36.33  be are final, and may be revoked or modified only where if the 
 36.34  court finds the existence of conditions that justify reopening a 
 36.35  judgment under the laws of this state, including motions under 
 36.36  section 518.145, subdivision 2.  The court may impose a lien or 
 37.1   charge on the divided property at any time while the property, 
 37.2   or subsequently acquired property, is owned by the parties or 
 37.3   either of them, for the payment of maintenance or support money, 
 37.4   or may sequester the property as is provided by under section 
 37.5   518.24. 
 37.6      (f) (e) The court need not hold an evidentiary hearing on a 
 37.7   motion for modification of maintenance or support. 
 37.8      (g) (f) Section 518.14 shall govern governs the award of 
 37.9   attorney fees for motions brought under this subdivision. 
 37.10     Sec. 42.  Minnesota Statutes 2002, section 518.641, is 
 37.11  amended to read: 
 37.12     518.641 [COST-OF-LIVING ADJUSTMENTS IN MAINTENANCE OR CHILD 
 37.13  SUPPORT ORDER.] 
 37.14     Subdivision 1.  [REQUIREMENT.] (a) An order establishing, 
 37.15  modifying, or enforcing maintenance or child support shall must 
 37.16  provide for a biennial adjustment in the amount to be paid based 
 37.17  on a change in the cost of living.  An order that provides for a 
 37.18  cost-of-living adjustment shall must specify the cost-of-living 
 37.19  index to be applied and the date on which the cost-of-living 
 37.20  adjustment shall become becomes effective.  The court may use 
 37.21  the consumer price index for all urban consumers, 
 37.22  Minneapolis-St. Paul (CPI-U), the consumer price index for wage 
 37.23  earners and clerical, Minneapolis-St. Paul (CPI-W), or another 
 37.24  cost-of-living index published by the department of labor which 
 37.25  it specifically finds is more appropriate.  Cost-of-living 
 37.26  increases under this section shall must be compounded.  The 
 37.27  court may also increase the amount by more than the 
 37.28  cost-of-living adjustment by agreement of the parties or by 
 37.29  making further findings.  
 37.30     (b) The adjustment becomes effective on the first of May of 
 37.31  the year in which it is made, for cases in which payment is made 
 37.32  to the public authority.  For cases in which payment is not made 
 37.33  to the public authority, application for an adjustment may be 
 37.34  made in any month but no application for an adjustment may be 
 37.35  made sooner than two years after the date of the dissolution 
 37.36  decree.  A court may waive the requirement of the cost-of-living 
 38.1   clause if it expressly finds that the obligor's occupation or 
 38.2   income, or both, does not provide for a cost-of-living 
 38.3   adjustment or that the order for maintenance or child support 
 38.4   has a provision such as a step increase that has the effect of a 
 38.5   cost-of-living clause.  The court may waive a cost-of-living 
 38.6   adjustment in a maintenance order if the parties so agree in 
 38.7   writing.  The commissioner of human services may promulgate 
 38.8   rules for child support adjustments under this section in 
 38.9   accordance with the rulemaking provisions of chapter 14.  Notice 
 38.10  of this statute must comply with section 518.68, subdivision 2. 
 38.11     Subd. 2.  [NOTICE.] No adjustment under this section may be 
 38.12  made unless the order provides for it and the notice provisions 
 38.13  of this subdivision are followed.  The public authority or the 
 38.14  obligee, if the obligee is requesting the cost-of-living 
 38.15  adjustment, sends must send notice of the intended adjustment to 
 38.16  the obligor at the obligor's last known address at least 20 days 
 38.17  before the effective date of the adjustment.  The notice shall 
 38.18  must inform the obligor of the date on which the adjustment will 
 38.19  become becomes effective and the procedures for contesting the 
 38.20  adjustment. 
 38.21     Subd. 2a.  [PROCEDURES FOR CONTESTING ADJUSTMENT.] (a) To 
 38.22  contest cost-of-living adjustments initiated by the public 
 38.23  authority or an obligee who has applied for or is receiving 
 38.24  child support and maintenance collection services from the 
 38.25  public authority, other than income withholding only services, 
 38.26  the obligor, before the effective date of the adjustment, must: 
 38.27     (1) file a motion contesting the cost-of-living adjustment 
 38.28  with the court administrator; and 
 38.29     (2) serve the motion by first-class mail on the public 
 38.30  authority and the obligee. 
 38.31  The hearing shall must take place in the expedited child 
 38.32  support process as governed by section 484.702. 
 38.33     (b) To contest cost-of-living adjustments initiated by an 
 38.34  obligee who is not receiving child support and maintenance 
 38.35  collection services from the public authority, or for by an 
 38.36  obligee who receives income withholding only services from the 
 39.1   public authority, the obligor must, before the effective date of 
 39.2   the adjustment: 
 39.3      (1) file a motion contesting the cost-of-living adjustment 
 39.4   with the court administrator; and 
 39.5      (2) serve the motion by first-class mail on the obligee. 
 39.6   The hearing shall must take place in district court. 
 39.7      (c) Upon receipt of a motion contesting the cost-of-living 
 39.8   adjustment, the cost-of-living adjustment shall must be stayed 
 39.9   pending further order of the court. 
 39.10     (d) The court administrator shall must make available pro 
 39.11  se motion forms for contesting a cost-of-living adjustment under 
 39.12  this subdivision. 
 39.13     Subd. 3.  [RESULT OF HEARING.] If, at a hearing pursuant to 
 39.14  this section, the obligor establishes an insufficient cost of 
 39.15  living or other increase in income that prevents fulfillment of 
 39.16  the adjusted maintenance or child support obligation, the court 
 39.17  or child support magistrate may direct that all or part of the 
 39.18  adjustment not take effect.  If, at the hearing, the obligor 
 39.19  does not establish this insufficient increase in income, the 
 39.20  adjustment shall must take effect as of the date it would have 
 39.21  become effective had no hearing been requested. 
 39.22     Sec. 43.  Minnesota Statutes 2002, section 518.642, is 
 39.23  amended to read: 
 39.24     518.642 [OVERPAYMENTS.] 
 39.25     If child support or maintenance is not assigned under 
 39.26  section 256.741, and an obligor has overpaid a child support or 
 39.27  maintenance obligation because of a modification or error in the 
 39.28  amount owed, the public authority shall must: 
 39.29     (1) apply the amount of the overpayment to reduce the 
 39.30  amount of any child support or maintenance-related arrearages or 
 39.31  debts owed to the obligee; and 
 39.32     (2) if an overpayment exists after the reduction of any 
 39.33  arrearage or debt, reduce the amount of the child 
 39.34  support maintenance remitted to the obligee by an amount no 
 39.35  greater than 20 percent of the current monthly support or 
 39.36  maintenance obligation and remit this amount to the obligor 
 40.1   until the overpayment is reduced to zero. 
 40.2      Sec. 44.  Minnesota Statutes 2002, section 518.646, is 
 40.3   amended to read: 
 40.4      518.646 [NOTICE OF ORDER.] 
 40.5      Whenever these laws require If a law requires service of a 
 40.6   court's order on an employer, union, or payor of funds, service 
 40.7   of a verified notice of order may be made in lieu thereof of the 
 40.8   order.  The verified notice shall must contain the title of the 
 40.9   action, the name of the court, the court file number, the date 
 40.10  of the court order, and shall recite the operative provisions of 
 40.11  the order. 
 40.12     Sec. 45.  Minnesota Statutes 2002, section 518.65, is 
 40.13  amended to read: 
 40.14     518.65 [PROPERTY; SALE, PARTITION.] 
 40.15     In order to effect a division or award of property as is 
 40.16  provided by under section 518.58, the court may order property 
 40.17  sold or partitioned.  Personal property may be ordered sold in 
 40.18  the manner directed by the court, and real estate may be 
 40.19  partitioned in the manner provided by Minnesota Statutes 1949, 
 40.20  chapter 558. 
 40.21     Sec. 46.  Minnesota Statutes 2002, section 518.68, 
 40.22  subdivision 1, is amended to read: 
 40.23     Subdivision 1.  [REQUIREMENT.] Every court order or 
 40.24  judgment and decree that provides for child support, spousal 
 40.25  maintenance, custody, or parenting time must contain certain 
 40.26  notices as set out in subdivision 2.  The information in the 
 40.27  notices must be concisely stated in plain language.  The notices 
 40.28  must be in clearly legible print, but may not exceed two pages.  
 40.29  An order or judgment and decree without the notice remains 
 40.30  subject to all statutes.  The court may waive all or part of the 
 40.31  notice required under subdivision 2 relating to parental rights 
 40.32  under section 518.17, subdivision 3, if it finds it is necessary 
 40.33  to protect the welfare of a party or child section 517C.99. 
 40.34     Sec. 47.  [REVISOR'S INSTRUCTION.] 
 40.35     The revisor of statutes must renumber the sections in 
 40.36  Minnesota Statutes listed in column A as indicated in column B 
 41.1   and correct cross-references to those sections throughout 
 41.2   Minnesota Statutes and Minnesota Rules. 
 41.3                A                 B 
 41.4             518.002              517A.02, subd. 5 
 41.5             518.003              517A.01 
 41.6             518.005              517A.02 
 41.7             518.01               517A.07 
 41.8             518.02               517A.08 
 41.9             518.03               517A.09 
 41.10            518.04               517A.10 
 41.11            518.05               517A.11 
 41.12            518.055              517A.12 
 41.13            518.06               517A.15 
 41.14            518.07               517A.16 
 41.15            518.09               517A.18 
 41.16            518.091              517A.19 
 41.17            518.10               517A.20 
 41.18            518.11               517A.22 
 41.19            518.12               517A.23 
 41.20            518.13               517A.24 
 41.21            518.131              517A.03 
 41.22            518.14, subd. 1      517A.04 
 41.23            518.145              517A.28 
 41.24            518.146              517A.21 
 41.25            518.148              517A.26 
 41.26            518.191              517A.27 
 41.27            518.195              517A.17 
 41.28            518.25               517A.30 
 41.29            518.27               517A.25 
 41.30            518.54, subd. 1      517A.31, subd. 1 
 41.31            518.54, subd. 2a     517A.31, subd. 2 
 41.32            518.54, subd. 2b     517A.31, subd. 3 
 41.33            518.54, subd. 3      517A.31, subd. 4 
 41.34            518.54, subd. 4      517A.31, subd. 5 
 41.35            518.54, subd. 5      517A.31, subd. 6 
 41.36            518.54, subd. 6      517A.31, subd. 7 
 42.1             518.54, subd. 7      517A.31, subd. 8 
 42.2             518.54, subd. 8      517A.31, subd. 9 
 42.3             518.54, subd. 9      517A.31, subd. 10 
 42.4             518.54, subd. 10     517A.31, subd. 11 
 42.5             518.54, subd. 11     517A.31, subd. 12 
 42.6             518.54, subd. 12     517A.31, subd. 13 
 42.7             518.55, subd. 1      517A.32, subd. 4 
 42.8             518.55, subd. 3      517A.32, subd. 5 
 42.9             518.552, subd. 1     517A.32, subd. 1 
 42.10            518.552, subd. 2     517A.32, subd. 2 
 42.11            518.552, subd. 3     517A.32, subd. 3 
 42.12            518.552, subd. 4     517A.32, subd. 6 
 42.13            518.552, subd. 5     517A.32, subd. 7 
 42.14            518.58               517A.37 
 42.15            518.581              517A.39 
 42.16            518.582              517A.40 
 42.17            518.63               517A.41 
 42.18            518.64, subd. 1      517A.34, subd. 1
 42.19            518.64, subd. 2      517A.34, subd. 2
 42.20            518.64, subd. 3      517A.32, subd. 8
 42.21            518.641, subd. 1     517A.33, subd. 1
 42.22            518.641, subd. 2     517A.33, subd. 2 
 42.23            518.641, subd. 2a    517A.33, subd. 3 
 42.24            518.641, subd. 3     517A.43, subd. 4 
 42.25            518.642              517A.35
 42.26            518.646              517A.05 
 42.27            518.65               517A.38 
 42.28     Sec. 48.  [REPEALER.] 
 42.29     Minnesota Statutes 2002, sections 518.14, subdivision 2; 
 42.30  518.24; 518.55, subdivision 4; 518.62; 518.64, subdivisions 4, 
 42.31  4a, and 5; and 518.68, are repealed. 
 42.32                             ARTICLE 2
 42.33              CUSTODY, PARENTING TIME, AND VISITATION 
 42.34                              GENERAL 
 42.35     Section 1.  [517B.01] [DEFINITIONS.] 
 42.36     Subdivision 1.  [SCOPE.] The definitions in this section 
 43.1   apply to this chapter.  
 43.2      Sec. 2.  [517B.03] [TEMPORARY ORDERS RELATING TO CUSTODY 
 43.3   AND PARENTING TIME.] 
 43.4      (a) A temporary order for custody or parenting time may be 
 43.5   sought under section 517A.03.  
 43.6      (b) A party seeking a temporary custody order must submit 
 43.7   with moving papers an affidavit setting forth facts supporting 
 43.8   the requested order.  The party must give notice and a copy of 
 43.9   the affidavit to other parties to the proceeding, who may file 
 43.10  opposing affidavits. 
 43.11     Sec. 3.  [517B.04] [CUSTODY, PARENTING TIME, AND VISITATION 
 43.12  NOTICES.] 
 43.13     A court order or judgment and decree concerning custody of 
 43.14  or parenting time with a minor child must contain the notice set 
 43.15  out in section 517C.99, subdivision 3. 
 43.16     Sec. 4.  [517B.05] [ATTORNEY FEES, COSTS, AND 
 43.17  DISBURSEMENTS.] 
 43.18     Attorney fees, costs, and disbursements must be awarded in 
 43.19  a proceeding under this chapter as provided by section 517A.04. 
 43.20     Sec. 5.  [517B.17] [CUSTODY OF CHILDREN.] 
 43.21     Subdivision 1.  [CUSTODY ORDER.] Upon adjudging the nullity 
 43.22  of a marriage, in a dissolution or legal separation proceeding, 
 43.23  or in a child custody proceeding, the court must make a further 
 43.24  order as it deems just and proper concerning: 
 43.25     (1) the legal custody of each minor child of the parties, 
 43.26  which must be sole or joint; and 
 43.27     (2) their physical custody and residence. 
 43.28     Subd. 2.  [STANDARD; PREFERENCE PROHIBITED.] In determining 
 43.29  custody, the court must consider the best interests of the child 
 43.30  and must not prefer one parent over the other solely on the 
 43.31  basis of the sex of the parent. 
 43.32     Subd. 3.  [THE BEST INTERESTS OF THE CHILD; FACTORS.] "The 
 43.33  best interests of the child" means all relevant factors to be 
 43.34  considered and evaluated by the court including: 
 43.35     (1) the wishes of the child's parent or parents as to 
 43.36  custody; 
 44.1      (2) the reasonable preference of the child, if the court 
 44.2   deems the child to be of sufficient age to express a preference; 
 44.3      (3) the child's primary caretaker; 
 44.4      (4) the intimacy of the relationship between each parent 
 44.5   and the child; 
 44.6      (5) the interaction and interrelationship of the child with 
 44.7   a parent or parents, siblings, and any other person who may 
 44.8   significantly affect the child's best interests; 
 44.9      (6) the child's adjustment to home, school, and community; 
 44.10     (7) the length of time the child has lived in a stable, 
 44.11  satisfactory environment and the desirability of maintaining 
 44.12  continuity; 
 44.13     (8) the permanence, as a family unit, of the existing or 
 44.14  proposed home; 
 44.15     (9) the mental and physical health of all individuals 
 44.16  involved; except that a disability, as defined in section 
 44.17  363.01, of a parent or the child is not determinative of the 
 44.18  custody of the child, unless the proposed custodial arrangement 
 44.19  is not in the best interest of the child; 
 44.20     (10) the capacity and disposition of the parties to give 
 44.21  the child love, affection, and guidance, and to continue 
 44.22  educating and raising the child in the child's culture and 
 44.23  religion or creed, if any; 
 44.24     (11) the child's cultural background; 
 44.25     (12) the effect on the child of the actions of an abuser, 
 44.26  if related to domestic abuse, as defined in section 518B.01, 
 44.27  that has occurred between the parents or between a parent and 
 44.28  another individual, whether or not the individual alleged to 
 44.29  have committed domestic abuse is or ever was a family or 
 44.30  household member of the parent; 
 44.31     (13) except in cases in which a finding of domestic abuse 
 44.32  as defined in section 518B.01 has been made, the disposition of 
 44.33  each parent to encourage and permit frequent and continuing 
 44.34  contact by the other parent with the child; and 
 44.35     (14) evidence of a violation of section 609.507. 
 44.36     Subd. 4.  [BEST INTERESTS DETERMINATION.] The court must 
 45.1   make detailed findings on each of the factors in subdivision 3 
 45.2   and explain how the factors led to its conclusion and to the 
 45.3   determination of the best interests of the child.  In 
 45.4   determining the best interests of a child, the court may not use 
 45.5   one factor in subdivision 3 to the exclusion of all others.  The 
 45.6   primary caretaker factor may not be used as a presumption in 
 45.7   determining the best interests of the child.  The court shall 
 45.8   not consider conduct of a parent that does not affect the 
 45.9   parent's relationship to the child. 
 45.10     Sec. 6.  [517B.18] [JOINT CUSTODY.] 
 45.11     Subdivision 1.  [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 
 45.12  addition to the factors listed in section 517B.17, if either 
 45.13  joint legal or joint physical custody is sought, the court must 
 45.14  consider the following relevant factors: 
 45.15     (1) the ability of parents to cooperate in the rearing of 
 45.16  their child; 
 45.17     (2) methods for resolving disputes regarding any major 
 45.18  decision concerning the life of the child, and the parents' 
 45.19  willingness to use those methods; 
 45.20     (3) whether it would be detrimental to the child if one 
 45.21  parent were to have sole authority over the child's upbringing; 
 45.22  and 
 45.23     (4) whether domestic abuse, as defined in section 518B.01, 
 45.24  has occurred between the parents. 
 45.25     Subd. 2.  [PRESUMPTIONS; FINDINGS.] (a) The court must use 
 45.26  a rebuttable presumption that upon request of either or both 
 45.27  parents, joint legal custody is in the best interests of the 
 45.28  child.  However, the court must use a rebuttable presumption 
 45.29  that joint legal or physical custody is not in the best 
 45.30  interests of the child if domestic abuse, as defined in section 
 45.31  518B.01, has occurred between the parents. 
 45.32     (b) If the court awards joint legal or physical custody 
 45.33  over the objection of a parent, the court must make detailed 
 45.34  findings on each of the factors in this section and explain how 
 45.35  the factors led to its determination that joint custody would be 
 45.36  in the best interests of the child. 
 46.1      Subd. 3.  [JOINT CUSTODY; SUPPORT GUIDELINES.] An award of 
 46.2   joint legal custody is not a reason for departure from the child 
 46.3   support guidelines in sections 517C.12 to 517C.16. 
 46.4      Sec. 7.  [517B.19] [CUSTODY; ACCESS RIGHTS OF PARENTS; 
 46.5   LIMITATIONS.] 
 46.6      Subdivision 1.  [ACCESS; LIMITATIONS.] (a) Whether sole or 
 46.7   joint legal custody is ordered, the court must grant the 
 46.8   following rights to each of the parties, unless specific 
 46.9   findings are made under section 517C.99, subdivision 1.  Each 
 46.10  party: 
 46.11     (1) has the right of access to, and to receive copies of, a 
 46.12  minor child's school, medical, dental, religious training, and 
 46.13  other important records and information; 
 46.14     (2) has the right of access to information regarding health 
 46.15  or dental insurance available to a minor child; 
 46.16     (3) must keep the other party informed as to the name and 
 46.17  address of the school a minor child attends; 
 46.18     (4) must notify the other party of any accident or serious 
 46.19  illness of a minor child, the name of the health care provider, 
 46.20  and the place of treatment; and 
 46.21     (5) has the right to reasonable access and telephone 
 46.22  contact with a minor child. 
 46.23     (b) Each party has the right to be informed by school 
 46.24  officials about a child's welfare, educational progress and 
 46.25  status, and to attend school and parent-teacher conferences.  
 46.26  The school is not required to hold a separate conference for 
 46.27  each party. 
 46.28     (c) The court may waive any of the rights under this 
 46.29  subdivision if it finds it is necessary to protect the welfare 
 46.30  of a party or child. 
 46.31     Sec. 8.  Minnesota Statutes 2002, section 518.003, 
 46.32  subdivision 3, is amended to read: 
 46.33     Subd. 3.  [CUSTODY.] Unless otherwise agreed by the parties:
 46.34     (a) "Legal custody" means the right to determine the 
 46.35  child's upbringing, including education, health care, and 
 46.36  religious training.  
 47.1      (b) "Joint legal custody" means that both parents have 
 47.2   equal rights and responsibilities, including the right to 
 47.3   participate in major decisions determining the child's 
 47.4   upbringing, including education, health care, and religious 
 47.5   training.  
 47.6      (c) "Physical custody and residence" means the routine 
 47.7   daily care and control and the residence of the child.  
 47.8      (d) "Joint physical custody" means that the routine daily 
 47.9   care and control and the residence of the child is structured 
 47.10  between the parties.  
 47.11     (e) Wherever used in this chapter, the term "Custodial 
 47.12  parent" or "custodian" means the person who has the physical 
 47.13  custody of the child at any particular time.  
 47.14     (f) "Custody determination" means a court decision and 
 47.15  court orders and instructions providing for the custody of a 
 47.16  child, including parenting time, but does not include a decision 
 47.17  relating to child support or any other monetary obligation of 
 47.18  any person.  
 47.19     (g) "Custody proceeding" includes proceedings in which a 
 47.20  custody determination is one of several issues, such as an 
 47.21  action for dissolution, divorce, or separation, and includes 
 47.22  proceedings involving children who are in need of protection or 
 47.23  services, domestic abuse, and paternity. 
 47.24     Sec. 9.  Minnesota Statutes 2002, section 518.155, is 
 47.25  amended to read: 
 47.26     518.155 [CUSTODY DETERMINATIONS AND PARENTING TIME 
 47.27  JURISDICTION.] 
 47.28     Notwithstanding any law to the contrary, a court in which a 
 47.29  proceeding for dissolution, legal separation, or child custody 
 47.30  has been commenced shall must not issue, revise, modify or amend 
 47.31  any order, pursuant to sections 518.131, 518.165, 518.168, 
 47.32  518.17, 518.175 or 518.18, which section 517B.03, 517B.08, 
 47.33  517B.16, 517B.21, or 517B.25, that affects the custody of a 
 47.34  minor child or the parenting time of a parent unless the court 
 47.35  has jurisdiction over the matter pursuant to the provisions of 
 47.36  under chapter 518D. 
 48.1      Sec. 10.  Minnesota Statutes 2002, section 518.156, is 
 48.2   amended to read: 
 48.3      518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.] 
 48.4      Subdivision 1.  [PROCEDURE.] In a court of this state which 
 48.5   that has jurisdiction to decide child custody matters, a child 
 48.6   custody proceeding is commenced by a parent: 
 48.7      (1) by filing a petition for dissolution or legal 
 48.8   separation; or 
 48.9      (2) where if a decree of dissolution or legal separation 
 48.10  has been entered or where none is sought, or when if paternity 
 48.11  has been recognized under section 257.75, by filing a petition 
 48.12  or motion seeking custody or parenting time with the child in 
 48.13  the county where the child is permanently resident or where the 
 48.14  child is found or where an earlier order for custody of the 
 48.15  child has been entered. 
 48.16     Subd. 2.  [REQUIRED NOTICE.] Written notice of a child 
 48.17  custody or parenting time or visitation proceeding shall must be 
 48.18  given to the child's parent, guardian, and custodian, who may 
 48.19  appear and be heard and may file a responsive pleading.  The 
 48.20  court may, upon a showing of good cause, permit the intervention 
 48.21  of other interested parties. 
 48.22     Sec. 11.  Minnesota Statutes 2002, section 518.157, 
 48.23  subdivision 1, is amended to read: 
 48.24     Subdivision 1.  [IMPLEMENTATION; ADMINISTRATION.] By 
 48.25  January 1, 1998, The chief judge of each judicial district or a 
 48.26  designee shall must implement one or more parent education 
 48.27  programs within the judicial district for the purpose of 
 48.28  educating parents about the impact that divorce, the 
 48.29  restructuring of families, and judicial proceedings have upon 
 48.30  children and families; methods for preventing parenting time 
 48.31  conflicts; and dispute resolution options.  The chief judge of 
 48.32  each judicial district or a designee may require that children 
 48.33  attend a separate education program designed to deal with the 
 48.34  impact of divorce upon children as part of the parent education 
 48.35  program.  Each parent education program must enable persons to 
 48.36  have timely and reasonable access to education sessions.  
 49.1      Sec. 12.  Minnesota Statutes 2002, section 518.157, 
 49.2   subdivision 2, is amended to read: 
 49.3      Subd. 2.  [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 
 49.4   court should promulgate minimum standards for the implementation 
 49.5   and administration of a parent education program.  The chief 
 49.6   judge of each judicial district or a designee shall must submit 
 49.7   a plan to the Minnesota conference of chief judges for their 
 49.8   approval that is designed to implement and administer a parent 
 49.9   education program in the judicial district.  The plan must be 
 49.10  consistent with the minimum standards promulgated by the 
 49.11  Minnesota supreme court.  
 49.12     Sec. 13.  Minnesota Statutes 2002, section 518.157, 
 49.13  subdivision 3, is amended to read: 
 49.14     Subd. 3.  [ATTENDANCE.] In a proceeding under this chapter 
 49.15  or sections 257.51 to 257.75 where custody or parenting time is 
 49.16  contested, the parents of a minor child shall must attend an 
 49.17  orientation and education program that meets the minimum 
 49.18  standards promulgated by the Minnesota supreme court.  In all 
 49.19  other proceedings involving custody, support, or parenting time 
 49.20  the court may order the parents of a minor child to attend a 
 49.21  parent education program.  The program shall must provide the 
 49.22  court with names of persons who fail to attend the parent 
 49.23  education program as ordered by the court.  Persons who are 
 49.24  separated or contemplating involvement in a dissolution, 
 49.25  paternity, custody, or parenting time proceeding may attend a 
 49.26  parent education program without a court order.  Participation 
 49.27  in a parent education program must occur as early as possible.  
 49.28  Parent education programs must offer an opportunity to 
 49.29  participate at all phases of a pending or postdecree 
 49.30  proceeding.  Upon request of a party and a showing of good 
 49.31  cause, the court may excuse the party from attending the 
 49.32  program.  If past or present domestic abuse, as defined in 
 49.33  chapter 518B, is alleged, the court shall must not require the 
 49.34  parties to attend the same parent education sessions and shall 
 49.35  must enter an order setting forth the manner in which the 
 49.36  parties may safely participate in the program. 
 50.1      Sec. 14.  Minnesota Statutes 2002, section 518.157, 
 50.2   subdivision 5, is amended to read: 
 50.3      Subd. 5.  [CONFIDENTIALITY.] Unless all parties agree in 
 50.4   writing, statements made by a party during participation in a 
 50.5   parent education program are inadmissible as evidence for any 
 50.6   purpose, including impeachment.  No record may be made regarding 
 50.7   a party's participation in a parent education program, except a 
 50.8   record of attendance at and completion of the program as 
 50.9   required under this section.  Instructors shall must not 
 50.10  disclose information regarding an individual participant 
 50.11  obtained as a result of participation in a parent education 
 50.12  program.  Parent education instructors may not be subpoenaed or 
 50.13  called as witnesses in court proceedings.  
 50.14     Sec. 15.  Minnesota Statutes 2002, section 518.157, 
 50.15  subdivision 6, is amended to read: 
 50.16     Subd. 6.  [FEE.] Except as provided in this subdivision, 
 50.17  each person who attends a parent education program shall must 
 50.18  pay a fee to defray the cost of the program.  A party who 
 50.19  qualifies for waiver of filing fees under section 563.01 is 
 50.20  exempt from paying the parent education program fee, and the 
 50.21  court shall must waive the fee or direct its payment under 
 50.22  section 563.01.  Program providers shall implement a sliding fee 
 50.23  scale. 
 50.24     Sec. 16.  Minnesota Statutes 2002, section 518.165, is 
 50.25  amended to read: 
 50.26     518.165 [GUARDIANS FOR MINOR CHILDREN.] 
 50.27     Subdivision 1.  [PERMISSIVE APPOINTMENT OF GUARDIAN AD 
 50.28  LITEM.] In all proceedings for child custody or for dissolution 
 50.29  or legal separation where custody or parenting time with a minor 
 50.30  child is in issue, the court may appoint a guardian ad litem 
 50.31  from a panel established by the court to represent the interests 
 50.32  of the child.  The guardian ad litem shall must advise the court 
 50.33  with respect to custody, support, and parenting time.  
 50.34     Subd. 2.  [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] The 
 50.35  court must appoint a guardian ad litem in all proceedings for 
 50.36  child custody or for marriage dissolution or legal separation in 
 51.1   which custody or parenting time with a minor child is an issue, 
 51.2   if the court has reason to believe that the minor child is a 
 51.3   victim of domestic child abuse or neglect, as those terms are 
 51.4   defined in sections 260C.007 and 626.556, respectively, the 
 51.5   court shall appoint a guardian ad litem.  The guardian ad 
 51.6   litem shall must represent the interests of the child and advise 
 51.7   the court with respect to custody, support, and parenting time.  
 51.8   If the child is represented by a guardian ad litem in any other 
 51.9   pending proceeding, the court may appoint that guardian to 
 51.10  represent the child in the custody or parenting time 
 51.11  proceeding.  No guardian ad litem need be appointed if the 
 51.12  alleged domestic child abuse or neglect is before the court on a 
 51.13  juvenile dependency and neglect petition.  Nothing in this 
 51.14  subdivision requires the court to appoint a guardian ad litem in 
 51.15  any proceeding for child custody, marriage dissolution, or legal 
 51.16  separation in which an allegation of domestic child abuse or 
 51.17  neglect has not been made. 
 51.18     Subd. 2a.  [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 
 51.19  guardian ad litem shall must carry out the following 
 51.20  responsibilities: 
 51.21     (1) conduct an independent investigation to determine the 
 51.22  facts relevant to the situation of the child and the family, 
 51.23  which must include, unless specifically excluded by the court, 
 51.24  reviewing relevant documents; meeting with and observing the 
 51.25  child in the home setting and considering the child's wishes, as 
 51.26  appropriate; and interviewing parents, caregivers, and others 
 51.27  with knowledge relevant to the case; 
 51.28     (2) advocate for the child's best interests by 
 51.29  participating in appropriate aspects of the case and advocating 
 51.30  for appropriate community services when necessary; 
 51.31     (3) maintain the confidentiality of information related to 
 51.32  a case, with the exception of sharing information as permitted 
 51.33  by law to promote cooperative solutions that are in the best 
 51.34  interests of the child; 
 51.35     (4) monitor the child's best interests throughout the 
 51.36  judicial proceeding; and 
 52.1      (5) present written reports on the child's best interests 
 52.2   that include conclusions and recommendations and the facts upon 
 52.3   which they are based. 
 52.4      Subd. 3.  [FEES.] (a) A guardian ad litem appointed under 
 52.5   either subdivision 1 or 2 may be appointed either as a volunteer 
 52.6   or on a fee basis.  If a guardian ad litem is appointed on a fee 
 52.7   basis, the court shall must enter an order for costs, fees, and 
 52.8   disbursements in favor of the child's guardian ad litem.  The 
 52.9   order may be made against either or both parties, except that 
 52.10  any part of the costs, fees, or disbursements which the court 
 52.11  finds the parties are incapable of paying shall must be borne by 
 52.12  the state courts.  The costs of court-appointed counsel to the 
 52.13  guardian ad litem shall must be paid by the county in which the 
 52.14  proceeding is being held if a party is incapable of paying for 
 52.15  them.  Until the recommendations of the task force created in 
 52.16  Laws 1999, chapter 216, article 7, section 42, are implemented, 
 52.17  the costs of court-appointed counsel to a guardian ad litem in 
 52.18  the eighth judicial district shall must be paid by the state 
 52.19  courts if a party is incapable of paying for them.  In no event 
 52.20  may the court order that costs, fees, or disbursements be paid 
 52.21  by a party receiving public assistance or legal assistance or by 
 52.22  a party whose annual income falls below the poverty line as 
 52.23  established under United States Code, title 42, section 9902(2). 
 52.24     (b) In each fiscal year, the state treasurer shall must 
 52.25  deposit guardian ad litem reimbursements in the general fund and 
 52.26  credit them to a separate account with the trial courts.  The 
 52.27  balance of this account is appropriated to the trial courts and 
 52.28  does not cancel but is available until expended.  Expenditures 
 52.29  by the state court administrator's office from this account must 
 52.30  be based on the amount of the guardian ad litem reimbursements 
 52.31  received by the state from the courts in each judicial district. 
 52.32     Sec. 17.  Minnesota Statutes 2002, section 518.166, is 
 52.33  amended to read: 
 52.34     518.166 [INTERVIEWS; RECOMMENDATIONS.] 
 52.35     The court may interview the child in chambers to ascertain 
 52.36  the child's reasonable preference as to custodian regarding with 
 53.1   which parent the child would reside, if the court deems the 
 53.2   child to be of sufficient age to express preference.  The 
 53.3   court shall must permit counsel to be present at the interview 
 53.4   and shall must permit counsel to propound reasonable questions 
 53.5   to the child either directly or through the court.  The 
 53.6   court shall must cause a record of the interview to be made and 
 53.7   to be made part of the record in the case unless waived by the 
 53.8   parties. 
 53.9      In contested custody proceedings, and in other custody 
 53.10  proceedings if a parent or the child's custodian requests, the 
 53.11  court may seek the recommendations of professional personnel 
 53.12  whether or not they are employed on a regular basis by the 
 53.13  court.  The recommendations given shall must be in writing and 
 53.14  shall must be made available by the court to counsel upon 
 53.15  request.  Counsel may call for cross-examination of professional 
 53.16  personnel consulted by the court.  
 53.17     Sec. 18.  Minnesota Statutes 2002, section 518.167, 
 53.18  subdivision 3, is amended to read: 
 53.19     Subd. 3.  [AVAILABILITY TO COUNSEL.] The court shall must 
 53.20  mail the investigator's report to counsel and to any party not 
 53.21  represented by counsel at least ten days before the hearing.  
 53.22  The investigator shall must maintain and, upon request, make 
 53.23  available to counsel and to a party not represented by counsel 
 53.24  the investigator's file of underlying data and reports, complete 
 53.25  texts of diagnostic reports made to the investigator pursuant to 
 53.26  the provisions of subdivision 2, and the names and addresses of 
 53.27  all persons whom the investigator has consulted.  The 
 53.28  investigator and any person the investigator has consulted is 
 53.29  subject to other pretrial discovery in accordance with the 
 53.30  requirements of the Minnesota Rules of Civil Procedure. 
 53.31  Mediation proceedings are not subject to discovery without 
 53.32  written consent of both parties.  A party to the proceeding may 
 53.33  call the investigator and any person whom the investigator has 
 53.34  consulted for cross-examination at the hearing.  A party may not 
 53.35  waive the right of cross-examination before the hearing. 
 53.36     Sec. 19.  Minnesota Statutes 2002, section 518.167, 
 54.1   subdivision 4, is amended to read: 
 54.2      Subd. 4.  [USE AT DISCOVERY; HEARING.] The investigator and 
 54.3   any person the investigator has consulted is subject to other 
 54.4   pretrial discovery in accordance with the requirements of the 
 54.5   Minnesota Rules of Civil Procedure.  Mediation proceedings are 
 54.6   not subject to discovery without written consent of both 
 54.7   parties.  A party to the proceeding may cross-examine at the 
 54.8   hearing the investigator and any person whom the investigator 
 54.9   has consulted for cross-examination.  A party may not waive the 
 54.10  right of cross-examination before the hearing.  The 
 54.11  investigator's report may be received in evidence at the hearing.
 54.12     Sec. 20.  Minnesota Statutes 2002, section 518.167, 
 54.13  subdivision 5, is amended to read: 
 54.14     Subd. 5.  [COSTS.] The court shall must order all or part 
 54.15  of the cost of the investigation and report to be paid by either 
 54.16  or both parties, based on their ability to pay.  Any part of the 
 54.17  cost that the court finds the parties are incapable of paying 
 54.18  must be borne by the county welfare local social services agency 
 54.19  or department of court services that performs the 
 54.20  investigation.  The court may not order costs under this 
 54.21  subdivision to be paid by a party receiving public assistance or 
 54.22  legal assistance from a qualified legal services program or by a 
 54.23  party whose annual income falls below the poverty line under 
 54.24  United States Code, title 42, section 9902(2). 
 54.25     Sec. 21.  Minnesota Statutes 2002, section 518.168, is 
 54.26  amended to read: 
 54.27     518.168 [HEARINGS.] 
 54.28     (a) Custody proceedings shall must receive priority in 
 54.29  being set for hearing. 
 54.30     (b) The court may tax as costs the payment of necessary 
 54.31  travel and other expenses incurred by a person whose presence at 
 54.32  the hearing the court deems necessary to determine the best 
 54.33  interests of the child. 
 54.34     (c) The court without a jury shall must determine questions 
 54.35  of law and fact.  If it finds that a public hearing may be 
 54.36  detrimental to the child's best interests, the court may exclude 
 55.1   the public from a custody hearing, but may admit any person who 
 55.2   has a direct interest in the particular case. 
 55.3      (d) If the court finds it necessary for the protection of 
 55.4   the child's welfare that the record of an interview, report, 
 55.5   investigation, or testimony in a custody proceeding not be kept 
 55.6   secret disclosed, the court may make an appropriate order 
 55.7   sealing the record. 
 55.8      Sec. 22.  Minnesota Statutes 2002, section 518.1705, 
 55.9   subdivision 2, is amended to read: 
 55.10     Subd. 2.  [PLAN ELEMENTS.] (a) A parenting plan must 
 55.11  include the following: 
 55.12     (1) a schedule of the time each parent spends with the 
 55.13  child; 
 55.14     (2) a designation of decision-making responsibilities 
 55.15  regarding the child; and 
 55.16     (3) a method of dispute resolution. 
 55.17     (b) A parenting plan may include other issues and matters 
 55.18  the parents agree to regarding the child. 
 55.19     (c) Parents voluntarily agreeing to parenting plans may 
 55.20  substitute other terms for physical and legal custody, including 
 55.21  designations of joint or sole custody, provided that if the 
 55.22  terms used in the substitution are defined in the parenting plan.
 55.23     Sec. 23.  Minnesota Statutes 2002, section 518.1705, 
 55.24  subdivision 6, is amended to read: 
 55.25     Subd. 6.  [RESTRICTIONS ON PREPARATION AND CONTENT OF 
 55.26  PARENTING PLAN.] (a) Dispute resolution processes other than the 
 55.27  judicial process may not be required in the preparation of a 
 55.28  parenting plan if a parent is alleged to have committed domestic 
 55.29  abuse toward a parent or child who is a party to, or subject of, 
 55.30  the matter before the court.  In these cases, the court shall 
 55.31  must consider the appointment of a guardian ad litem and a 
 55.32  parenting plan evaluator.  
 55.33     (b) The court may not require a parenting plan that 
 55.34  provides for joint legal custody or use of dispute resolution 
 55.35  processes, other than the judicial process, if the court finds 
 55.36  that section 518.179 applies, or the court finds that either 
 56.1   parent has engaged in the following toward a parent or child who 
 56.2   is a party to, or subject of, the matter before the court: 
 56.3      (1) acts of domestic abuse, including physical harm, bodily 
 56.4   injury, and infliction of fear of physical harm, assault, 
 56.5   terroristic threats, or criminal sexual conduct; 
 56.6      (2) physical, sexual, or a pattern of emotional abuse of a 
 56.7   child; or 
 56.8      (3) willful abandonment that continues for an extended 
 56.9   period of time or substantial refusal to perform parenting 
 56.10  functions. 
 56.11     Sec. 24.  Minnesota Statutes 2002, section 518.1705, 
 56.12  subdivision 7, is amended to read: 
 56.13     Subd. 7.  [MOVING THE CHILD TO ANOTHER STATE.] Parents may 
 56.14  agree, but the court must not require, that in a parenting plan 
 56.15  the factors in section 518.17 or 257.025, as applicable, will 
 56.16  govern a decision concerning removal of a child's residence from 
 56.17  this state, provided that if: 
 56.18     (1) both parents were represented by counsel when the 
 56.19  parenting plan was approved; or 
 56.20     (2) the court found the parents were fully informed, the 
 56.21  agreement was voluntary, and the parents were aware of its 
 56.22  implications. 
 56.23     Sec. 25.  Minnesota Statutes 2002, section 518.1705, 
 56.24  subdivision 8, is amended to read: 
 56.25     Subd. 8.  [ALLOCATION OF CERTAIN EXPENSES.] (a) Parents 
 56.26  creating a parenting plan are subject to the requirements of the 
 56.27  child support guidelines under section 518.551 sections 517C.12 
 56.28  to 517C.18.  
 56.29     (b) Parents may include in the parenting plan an allocation 
 56.30  of expenses for the child.  The allocation is an enforceable 
 56.31  contract between the parents. 
 56.32     Sec. 26.  Minnesota Statutes 2002, section 518.1705, 
 56.33  subdivision 9, is amended to read: 
 56.34     Subd. 9.  [MODIFICATION OF PARENTING PLANS.] (a) Parents 
 56.35  may modify the schedule of the time each parent spends with the 
 56.36  child or the decision-making provisions of a parenting plan by 
 57.1   agreement.  To be enforceable, modifications must be confirmed 
 57.2   by court order.  A motion to modify decision-making provisions 
 57.3   or the time each parent spends with the child may be made only 
 57.4   within the time limits provided by section 518.18. 
 57.5      (b) The parties may agree, but the court must not require 
 57.6   them, to apply the best interests standard in section 518.17 or 
 57.7   257.025, as applicable, for deciding a motion for modification 
 57.8   that would change the child's primary residence, provided that 
 57.9   if: 
 57.10     (1) both parties were represented by counsel when the 
 57.11  parenting plan was approved; or 
 57.12     (2) the court found the parties were fully informed, the 
 57.13  agreement was voluntary, and the parties were aware of its 
 57.14  implications. 
 57.15     (c) If the parties do not agree to apply the best interests 
 57.16  standard, section 518.18, paragraph (d), applies. 
 57.17     Sec. 27.  Minnesota Statutes 2002, section 518.175, is 
 57.18  amended to read: 
 57.19     518.175 [PARENTING TIME.] 
 57.20     Subdivision 1.  [GENERAL.] (a) In all proceedings for 
 57.21  dissolution or legal separation, subsequent to the commencement 
 57.22  of the proceeding and continuing thereafter during the minority 
 57.23  of the child, the court shall must, upon the request of either 
 57.24  parent, grant such parenting time on behalf of the child and a 
 57.25  parent as that will enable the child and the parent to maintain 
 57.26  a child to parent relationship that will be in the best 
 57.27  interests of the child. 
 57.28     (b) If the court finds, after a hearing, that parenting 
 57.29  time with a parent is likely to endanger the child's physical or 
 57.30  emotional health or impair the child's emotional development, 
 57.31  the court shall must restrict parenting time with that parent as 
 57.32  to time, place, duration, or supervision and may deny parenting 
 57.33  time entirely, as the circumstances warrant.  The court shall 
 57.34  must consider the age of the child and the child's relationship 
 57.35  with the parent prior to before the commencement of the 
 57.36  proceeding. 
 58.1      (c) A parent's failure to pay support because of the 
 58.2   parent's inability to do so shall is not be sufficient cause for 
 58.3   denial of parenting time. 
 58.4      (b) (d) The court may provide that a law enforcement 
 58.5   officer or other appropriate person will accompany a party 
 58.6   seeking to enforce or comply with parenting time. 
 58.7      (c) (e) Upon request of either party, to the extent 
 58.8   practicable an order for parenting time must include a specific 
 58.9   schedule for parenting time, including the frequency and 
 58.10  duration of visitation and visitation during holidays and 
 58.11  vacations, unless parenting time is restricted, denied, or 
 58.12  reserved. 
 58.13     (d) (f) The court administrator shall must provide a form 
 58.14  for a pro se motion regarding parenting time disputes, 
 58.15  which includes must include provisions for indicating the relief 
 58.16  requested, an affidavit in which the party may state the facts 
 58.17  of the dispute, and a brief description of the parenting time 
 58.18  expeditor process under section 518.1751.  The form may not 
 58.19  include a request for a change of custody.  The court shall must 
 58.20  provide instructions on serving and filing the motion. 
 58.21     Subd. 1a.  [DOMESTIC ABUSE; SUPERVISED PARENTING TIME.] (a) 
 58.22  If a parent requests supervised parenting time under subdivision 
 58.23  1 or 5 and an order for protection under chapter 518B or a 
 58.24  similar law of another state is in effect against the other 
 58.25  parent to protect the child or the parent with whom the child 
 58.26  resides or the child, the judge or judicial officer must 
 58.27  consider the order for protection in making a decision regarding 
 58.28  parenting time. 
 58.29     (b) The state court administrator, in consultation with 
 58.30  representatives of parents and other interested persons, shall 
 58.31  must develop standards to be met by persons who are responsible 
 58.32  for supervising parenting time.  Either parent may challenge the 
 58.33  appropriateness of an individual chosen by the court to 
 58.34  supervise parenting time. 
 58.35     Subd. 2.  [RIGHTS OF CHILDREN AND PARENTS.] Upon the 
 58.36  request of either parent, the court may inform any child of the 
 59.1   parties, if eight years of age or older, or otherwise of an age 
 59.2   of suitable comprehension, of the rights of the child and each 
 59.3   parent under the order or decree or any substantial amendment 
 59.4   thereof of it.  The parent with whom the child resides shall 
 59.5   must present the child for parenting time with the other parent, 
 59.6   at such the times as the court directs. 
 59.7      Subd. 3.  [MOVE TO ANOTHER STATE.] The parent with whom the 
 59.8   child resides shall must not move the child's residence of the 
 59.9   child to another state except upon order of the court or with 
 59.10  the consent of the other parent, if the other parent has been 
 59.11  given parenting time by the decree.  If the purpose of the move 
 59.12  is to interfere with parenting time given to the other parent by 
 59.13  the decree, the court shall must not permit the child's 
 59.14  residence to be moved to another state. 
 59.15     Subd. 5.  [MODIFICATION OF PARENTING PLAN OR ORDER FOR 
 59.16  PARENTING TIME.] (a) If modification would serve the best 
 59.17  interests of the child, the court shall must modify the 
 59.18  decision-making provisions of a parenting plan or an order 
 59.19  granting or denying parenting time, if the modification would 
 59.20  not change the child's primary residence.  Except as provided in 
 59.21  section 631.52, the court may not restrict parenting time unless 
 59.22  it finds that:  
 59.23     (1) parenting time is likely to endanger the child's 
 59.24  physical or emotional health or impair the child's emotional 
 59.25  development; or 
 59.26     (2) the parent has chronically and unreasonably failed to 
 59.27  comply with court-ordered parenting time. 
 59.28     (b) If a parent makes specific allegations that parenting 
 59.29  time by the other parent places the parent or child in danger of 
 59.30  harm, the court shall must hold a hearing at the earliest 
 59.31  possible time to determine the need to modify the order granting 
 59.32  parenting time.  Consistent with subdivision 1a 2, the court may 
 59.33  require a third party, including the local social services 
 59.34  agency, to supervise the parenting time or may restrict a 
 59.35  parent's parenting time if necessary to protect the other parent 
 59.36  or child from harm.  If there is an existing order for 
 60.1   protection governing the parties, the court shall must consider 
 60.2   the use of an independent, neutral exchange location for 
 60.3   parenting time. 
 60.4      Subd. 6.  [REMEDIES.] (a) The court may provide for one or 
 60.5   more of the following remedies for denial of or interference 
 60.6   with court-ordered parenting time as provided under this 
 60.7   subdivision.  All parenting time orders must include notice of 
 60.8   the provisions of this subdivision. 
 60.9      (b) If the court finds that a person parent has been 
 60.10  deprived of court-ordered parenting time, the court shall must 
 60.11  order the parent who has interfered caused the deprivation to 
 60.12  allow compensatory parenting time to the other parent or the 
 60.13  court shall must make specific findings as to why a request for 
 60.14  compensatory parenting time is denied.  If compensatory 
 60.15  parenting time is awarded, additional parenting time must be: 
 60.16     (1) at least of the same type and duration as the deprived 
 60.17  parenting time and, at the discretion of the court, may be in 
 60.18  excess of or of a different type than the deprived parenting 
 60.19  time; 
 60.20     (2) taken within one year after the deprived parenting 
 60.21  time; and 
 60.22     (3) at a time acceptable to the parent deprived of 
 60.23  parenting time. 
 60.24     (c) If the court finds that a party has wrongfully failed 
 60.25  to comply with a parenting time order or a binding agreement or 
 60.26  decision under section 518.1751, the court may: 
 60.27     (1) impose a civil penalty of up to $500 on the party; 
 60.28     (2) require the party to post a bond with the court for a 
 60.29  specified period of time to secure the party's compliance; 
 60.30     (3) award reasonable attorney's fees and costs; 
 60.31     (4) require the party who violated the parenting time order 
 60.32  or binding agreement or decision of the parenting time expeditor 
 60.33  to reimburse the other party for costs incurred as a result of 
 60.34  the violation of the order or, agreement, or decision; or 
 60.35     (5) award any other remedy that the court finds to be in 
 60.36  the best interests of the children involved. 
 61.1      A civil penalty imposed under this paragraph must be 
 61.2   deposited in the county general fund and must be used to fund 
 61.3   the costs of a parenting time expeditor program in a county with 
 61.4   this program.  In other counties, the civil penalty must be 
 61.5   deposited in the state general fund. 
 61.6      (d) If the court finds that a party has been denied 
 61.7   parenting time and has incurred expenses in connection with the 
 61.8   denied parenting time, the court may require the party who 
 61.9   denied parenting time to post a bond in favor of the other party 
 61.10  in the amount of prepaid expenses associated with upcoming 
 61.11  planned parenting time. 
 61.12     (e) Proof of an unwarranted denial of or interference with 
 61.13  duly established parenting time may constitute contempt of court 
 61.14  and may be sufficient cause for reversal of custody. 
 61.15     Subd. 8.  [ADDITIONAL PARENTING TIME FOR CHILD CARE 
 61.16  PARENT.] The court may allow additional parenting time to a 
 61.17  parent to provide child care while the other parent is working 
 61.18  if this arrangement is reasonable and in the best interests of 
 61.19  the child, as defined in section 518.17, subdivision 1.  In 
 61.20  addition, the court shall must consider: 
 61.21     (1) the ability of the parents to cooperate; 
 61.22     (2) methods for resolving disputes regarding the care of 
 61.23  the child, and the parents' willingness to use those methods; 
 61.24  and 
 61.25     (3) whether domestic abuse, as defined in section 518B.01, 
 61.26  has occurred between the parties. 
 61.27     Sec. 28.  Minnesota Statutes 2002, section 518.1751, 
 61.28  subdivision 1b, is amended to read: 
 61.29     Subd. 1b.  [PURPOSE; DEFINITIONS.] (a) The purpose of a 
 61.30  parenting time expeditor is to resolve parenting time disputes 
 61.31  by enforcing, interpreting, clarifying, and addressing 
 61.32  circumstances not specifically addressed by an existing 
 61.33  parenting time order and, if appropriate, to make a 
 61.34  determination as to whether the existing parenting time order 
 61.35  has been violated.  A parenting time expeditor may be appointed 
 61.36  to resolve a onetime parenting time dispute or to provide 
 62.1   ongoing parenting time dispute resolution services.  A parenting 
 62.2   time expeditor must attempt to resolve a parenting time dispute 
 62.3   by facilitating negotiations between the parties to promote 
 62.4   settlement.  If it becomes apparent that the dispute cannot be 
 62.5   resolved by an agreement of the parties, the parenting time 
 62.6   expeditor must make a decision resolving the dispute. 
 62.7      (b) For purposes of this section, "parenting time dispute" 
 62.8   means a disagreement among parties about parenting time with a 
 62.9   child, including a dispute about an anticipated denial of future 
 62.10  scheduled parenting time.  "Parenting time dispute" includes a 
 62.11  claim by a parent that the other parent is not spending time 
 62.12  with a child as well as a claim by a parent that the other 
 62.13  parent is denying or interfering with parenting time. 
 62.14     (c) A "parenting time expeditor" is a neutral person 
 62.15  authorized to use a mediation-arbitration process to resolve 
 62.16  parenting time disputes.  A parenting time expeditor shall 
 62.17  attempt to resolve a parenting time dispute by facilitating 
 62.18  negotiations between the parties to promote settlement and, if 
 62.19  it becomes apparent that the dispute cannot be resolved by an 
 62.20  agreement of the parties, the parenting time expeditor shall 
 62.21  make a decision resolving the dispute. 
 62.22     Sec. 29.  Minnesota Statutes 2002, section 518.1751, 
 62.23  subdivision 2, is amended to read: 
 62.24     Subd. 2.  [APPOINTMENT.] (a) The parties may stipulate to 
 62.25  the appointment of a parenting time expeditor or a team of two 
 62.26  expeditors without appearing in court by submitting.  The 
 62.27  parties may submit to the court a written agreement identifying 
 62.28  the names of the individuals to be appointed by the court; the 
 62.29  nature of the dispute; the responsibilities of the parenting 
 62.30  time expeditor, including whether the expeditor is appointed to 
 62.31  resolve a specific issue or on an ongoing basis; the term of the 
 62.32  appointment; and the apportionment of fees and costs.  The court 
 62.33  shall must review the agreement of the parties.  
 62.34     (b) If the parties cannot agree on a parenting time 
 62.35  expeditor, the court shall must provide to the parties them with 
 62.36  a copy of the court administrator's roster of parenting time 
 63.1   expeditors and require the parties to exchange the names of 
 63.2   three potential parenting time expeditors by a specific date.  
 63.3   If after exchanging names the parties are unable to agree upon a 
 63.4   parenting time expeditor, the court shall must select the 
 63.5   parenting time expeditor and, in its discretion, may appoint one 
 63.6   expeditor or a team of two expeditors.  In the selection process 
 63.7   the court must give consideration to the financial circumstances 
 63.8   of the parties and the fees of those being considered 
 63.9   as parenting time expeditors.  Preference must be given to 
 63.10  persons who agree to volunteer their services or who will charge 
 63.11  a variable fee for services based on the ability of the parties 
 63.12  to pay for them. 
 63.13     (c) An order appointing a parenting time expeditor must 
 63.14  identify the name of the individual to be appointed, the nature 
 63.15  of the dispute, the responsibilities of the expeditor including 
 63.16  whether the expeditor is appointed to resolve a specific issue 
 63.17  or on an ongoing basis, the term of the appointment, the 
 63.18  apportionment of fees, and notice that if the parties are unable 
 63.19  to reach an agreement with the expeditor's assistance of the 
 63.20  expeditor, the expeditor is authorized to make a decision 
 63.21  resolving the dispute which is binding upon the parties unless 
 63.22  modified or vacated by the court.  
 63.23     Sec. 30.  Minnesota Statutes 2002, section 518.1751, 
 63.24  subdivision 2a, is amended to read: 
 63.25     Subd. 2a.  [FEES.] Prior to Before appointing the parenting 
 63.26  time expeditor, the court shall must give the parties notice 
 63.27  that the expeditor's fees of the expeditor will be apportioned 
 63.28  among the parties.  In its order appointing the expeditor, the 
 63.29  court shall must apportion the expeditor's fees of the expeditor 
 63.30  among the parties, with each party bearing the portion of fees 
 63.31  that the court determines is just and equitable under the 
 63.32  circumstances.  If a party files a pro se motion regarding a 
 63.33  parenting time dispute and there is not a an existing court 
 63.34  order that provides for apportionment of apportioning the fees 
 63.35  of an expeditor, the court administrator may require the party 
 63.36  requesting the appointment of an expeditor to pay the 
 64.1   expeditor's fees of the expeditor in advance.  Neither party may 
 64.2   be required to submit a dispute to a visitation an expeditor if 
 64.3   the party cannot afford to pay for the fees of an expeditor and 
 64.4   an affordable expeditor is not available, unless the other party 
 64.5   agrees to pay the fees.  After fees are incurred, a party may by 
 64.6   motion request that the fees be reapportioned on equitable 
 64.7   grounds.  The court may consider the resources of the parties, 
 64.8   the nature of the dispute, and whether a party acted in bad 
 64.9   faith.  The court may consider information from the expeditor in 
 64.10  determining bad faith.  
 64.11     Sec. 31.  Minnesota Statutes 2002, section 518.1751, 
 64.12  subdivision 2b, is amended to read: 
 64.13     Subd. 2b.  [ROSTER OF PARENTING TIME EXPEDITORS.] Each The 
 64.14  court administrator shall must maintain and make available 
 64.15  to judicial officers and the public and judicial officers a 
 64.16  roster of individuals available to serve as parenting time 
 64.17  expeditors, including.  The roster must include each 
 64.18  individual's name, address, telephone number, and fee charged, 
 64.19  if any.  A court administrator shall must not place on the 
 64.20  roster the name of an individual who has not completed the 
 64.21  training required in subdivision 2c.  If the use of a parenting 
 64.22  time an expeditor is initiated by stipulation of the parties, 
 64.23  the parties may agree upon a person to serve as an expeditor 
 64.24  even if that person has not completed the training described in 
 64.25  subdivision 2c.  The court may appoint a person to serve as an 
 64.26  expeditor even if the a person who is not on the court 
 64.27  administrator's roster, but may not appoint a person who has not 
 64.28  completed the training described in subdivision 2c, unless so 
 64.29  stipulated by the parties.  To maintain one's listing on a court 
 64.30  administrator's roster of parenting time expeditors, an 
 64.31  individual shall must annually submit to the court administrator 
 64.32  proof of completion of continuing education requirements.  
 64.33     Sec. 32.  Minnesota Statutes 2002, section 518.1751, 
 64.34  subdivision 2c, is amended to read: 
 64.35     Subd. 2c.  [TRAINING AND CONTINUING EDUCATION 
 64.36  REQUIREMENTS.] To qualify for listing on a court administrator's 
 65.1   roster of parenting time expeditors, an individual shall must 
 65.2   complete a minimum of 40 hours of family mediation training that 
 65.3   has been certified by the Minnesota supreme court, which.  The 
 65.4   training must include certified training in domestic abuse 
 65.5   issues as required under Rule 114 of the Minnesota General Rules 
 65.6   of Practice for the District Courts.  To maintain one's listing 
 65.7   remain listed on a court administrator's roster of parenting 
 65.8   time expeditors, an individual shall must annually attend three 
 65.9   hours of continuing education about alternative dispute 
 65.10  resolution subjects.  
 65.11     Sec. 33.  Minnesota Statutes 2002, section 518.1751, 
 65.12  subdivision 3, is amended to read: 
 65.13     Subd. 3.  [AGREEMENT OR DECISION.] (a) Within five days of 
 65.14  notice of the appointment, or within five days of notice of a 
 65.15  subsequent parenting time dispute between the same parties, the 
 65.16  parenting time expeditor shall must meet with the parties 
 65.17  together or separately and shall make a diligent effort to 
 65.18  facilitate an agreement to resolve the dispute.  If a parenting 
 65.19  time dispute requires immediate resolution, the parenting time 
 65.20  expeditor may confer with the parties through a telephone 
 65.21  conference or similar means.  An expeditor may make a decision 
 65.22  without conferring with a party if the expeditor made a good 
 65.23  faith effort to confer with the party, but the party chose not 
 65.24  to participate in resolution of the dispute. 
 65.25     (b) If the parties do not reach an agreement, the expeditor 
 65.26  shall must make a decision resolving the dispute as soon as 
 65.27  possible, but not later than five days after receiving all 
 65.28  information necessary to make a decision and after the final 
 65.29  meeting or conference with the parties.  The expeditor is 
 65.30  authorized to award compensatory parenting time under section 
 65.31  518.175, subdivision 6, and may recommend to the court that the 
 65.32  noncomplying party pay attorney's fees, court costs, and other 
 65.33  costs under section 518.175, subdivision 6, paragraph (d), if 
 65.34  the parenting time order has been violated.  The expeditor shall 
 65.35  not lose retains the authority to make a decision if 
 65.36  circumstances beyond the expeditor's control make it 
 66.1   impracticable to meet the five-day timelines. 
 66.2      (c) Unless the parties mutually agree, the parenting time 
 66.3   expeditor shall must not make a decision that is inconsistent 
 66.4   with an existing parenting time order, but may make decisions 
 66.5   interpreting or clarifying a parenting time order, including the 
 66.6   development of a specific schedule when the existing court order 
 66.7   grants "reasonable parenting time."  
 66.8      (d) The expeditor shall must put an agreement or decision 
 66.9   in writing and provide a copy to the parties.  The expeditor may 
 66.10  include or omit reasons for the agreement or decision.  An 
 66.11  agreement of the parties or a decision of the expeditor is 
 66.12  binding on the parties unless vacated or modified by the court.  
 66.13  If a party does not comply with an agreement of the parties or a 
 66.14  decision of the expeditor, any party may bring a motion with the 
 66.15  court and shall must attach a copy of the parties' written 
 66.16  agreement or the decision of the expeditor.  The court may 
 66.17  enforce, modify, or vacate the agreement of the parties or the 
 66.18  decision of the expeditor. 
 66.19     Sec. 34.  Minnesota Statutes 2002, section 518.1752, is 
 66.20  amended to read: 
 66.21     518.1752 [GRANDPARENT AND OTHERS; VISITATION.] 
 66.22     In all proceedings During a proceeding for dissolution or 
 66.23  legal separation, after the commencement of the proceeding or at 
 66.24  any time after completion of the proceedings, and continuing 
 66.25  during the child's minority of the child, the court may make an 
 66.26  order granting visitation rights to grandparents under and other 
 66.27  individuals as provided by section 257C.08, subdivision 2. 
 66.28     Sec. 35.  Minnesota Statutes 2002, section 518.176, is 
 66.29  amended to read: 
 66.30     518.176 [JUDICIAL SUPERVISION.] 
 66.31     Subdivision 1.  [LIMITS ON PARENT'S AUTHORITY; HEARING.] 
 66.32  Except as otherwise agreed by the parties in writing at the time 
 66.33  of the custody order, (a) The parent with whom the child resides 
 66.34  may determine the child's upbringing, including education, 
 66.35  health care, and religious training, unless: 
 66.36     (1) otherwise agreed by the parties in writing at the time 
 67.1   of the custody order; or 
 67.2      (2) upon motion by the other parent, the court after 
 67.3   hearing, finds, upon motion by the other parent, that in the 
 67.4   absence of a specific limitation of the authority of the parent 
 67.5   with whom the child resides, the child's physical or emotional 
 67.6   health is likely to be endangered or the child's emotional 
 67.7   development impaired. 
 67.8      Subd. 2. (b) If both parents or all contestants agree to 
 67.9   the order, or if the court finds that in the absence of the 
 67.10  order the child's physical or emotional health is likely to be 
 67.11  endangered or the child's emotional development impaired, the 
 67.12  court may order the local social services agency or the 
 67.13  department of court services to exercise continuing supervision 
 67.14  over the case under guidelines established by the court to 
 67.15  assure that the custodial or parenting time terms of the decree 
 67.16  are carried out. 
 67.17     Sec. 36.  Minnesota Statutes 2002, section 518.177, is 
 67.18  amended to read: 
 67.19     518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL 
 67.20  RIGHTS LAW.] 
 67.21     Every A court order and judgment and decree concerning 
 67.22  custody of or parenting time or visitation with a minor child 
 67.23  shall must contain the notice set out in section 518.68, 
 67.24  subdivision 2.  
 67.25     Sec. 37.  Minnesota Statutes 2002, section 518.178, is 
 67.26  amended to read: 
 67.27     518.178 [PARENTING TIME AND SUPPORT REVIEW HEARING.] 
 67.28     Upon motion of either party, the court shall must conduct a 
 67.29  hearing to review compliance with the parenting time and child 
 67.30  support provisions set forth in a decree of dissolution or legal 
 67.31  separation or an order that establishes child custody, parenting 
 67.32  time, and support rights and obligations of parents.  The state 
 67.33  court administrator shall must prepare, and each court 
 67.34  administrator shall must make available, simplified pro se forms 
 67.35  for reviewing parenting time and child support disputes.  The 
 67.36  court may impose any parenting time enforcement remedy available 
 68.1   under sections 518.175 and 518.1751 this section or section 
 68.2   517B.26, and any support enforcement remedy available under 
 68.3   section 518.551. 
 68.4      Sec. 38.  Minnesota Statutes 2002, section 518.179, 
 68.5   subdivision 1, is amended to read: 
 68.6      Subdivision 1.  [SEEKING CUSTODY OR PARENTING TIME.] (a) 
 68.7   Notwithstanding any contrary provision in section 518.17 or 
 68.8   518.175, if a person seeking child custody or parenting time who 
 68.9   has been convicted of a crime described in subdivision 2, the 
 68.10  person seeking custody or parenting time has the burden to prove 
 68.11  that custody or parenting time by that person is in the best 
 68.12  interests of the child if: 
 68.13     (1) the conviction occurred within the preceding five 
 68.14  years; 
 68.15     (2) the person is currently incarcerated, on probation, or 
 68.16  under supervised release for the offense; or 
 68.17     (3) the victim of the crime was a family or household 
 68.18  member as defined in section 518B.01, subdivision 2.  
 68.19     (b) If this section applies, the court may not grant 
 68.20  custody or parenting time to the person unless it finds that the 
 68.21  custody or parenting time is in the best interests of the 
 68.22  child.  If the victim of the crime was a family or household 
 68.23  member, the standard of proof is clear and convincing evidence.  
 68.24  A guardian ad litem must be appointed in any case where this 
 68.25  section applies. 
 68.26     Sec. 39.  Minnesota Statutes 2002, section 518.18, is 
 68.27  amended to read: 
 68.28     518.18 [MODIFICATION OF ORDER.] 
 68.29     (a) Unless agreed to in writing by the parties, no motion 
 68.30  to modify a custody order or parenting plan may be made earlier 
 68.31  than one year after the date of the entry of a decree of 
 68.32  dissolution or legal separation containing a provision dealing 
 68.33  with custody, except in accordance with paragraph (c). 
 68.34     (b) If a motion for modification has been heard, whether or 
 68.35  not it was granted, unless agreed to in writing by the parties 
 68.36  no subsequent motion may be filed within two years after 
 69.1   disposition of the prior motion on its merits, except: 
 69.2      (1) if otherwise agreed to in writing by the parties; or 
 69.3      (2) in accordance with paragraph (c). 
 69.4      (c) The time limitations prescribed in paragraphs (a) and 
 69.5   (b) shall do not prohibit a motion to modify a custody order or 
 69.6   parenting plan if the court finds that there is persistent and 
 69.7   willful denial or interference with parenting time, or has 
 69.8   reason to believe that the child's present environment may 
 69.9   endanger the child's physical or emotional health or impair the 
 69.10  child's emotional development. 
 69.11     (d) If the A court that has jurisdiction to determine child 
 69.12  custody matters, the court shall must not modify a prior custody 
 69.13  order or a parenting plan provision which that specifies the 
 69.14  child's primary residence unless it finds, upon the basis of 
 69.15  facts, including unwarranted denial of, or interference with, a 
 69.16  duly established parenting time schedule, that have arisen since 
 69.17  the prior order or that were unknown to the court at the time of 
 69.18  the prior order, that a change has occurred in the circumstances 
 69.19  of the child or the parties and that the modification is 
 69.20  necessary to serve the best interests of the child.  The court 
 69.21  must make its findings upon the basis of facts, including 
 69.22  unwarranted denial of, or interference with, a duly established 
 69.23  parenting time schedule, that have arisen since the prior order 
 69.24  or that were unknown to the court at the time of the prior 
 69.25  order.  In applying these standards the court shall must retain 
 69.26  the custody arrangement or the parenting plan provision 
 69.27  specifying the child's primary residence that was established by 
 69.28  the prior order unless: 
 69.29     (i) (1) the court finds that a change in the custody 
 69.30  arrangement or primary residence is in the best interests of the 
 69.31  child and the parties previously agreed, in a writing approved 
 69.32  by a court, to apply the best interests standard in section 
 69.33  518.17 or 257.025, as applicable; and, with respect to 
 69.34  agreements approved by a court on or after April 28, 2000, both 
 69.35  parties were represented by counsel when the agreement was 
 69.36  approved or the court found the parties were fully informed, the 
 70.1   agreement was voluntary, and the parties were aware of its 
 70.2   implications; 
 70.3      (ii) (2) both parties agree to the modification; 
 70.4      (iii) (3) the child has been integrated into the family of 
 70.5   the petitioner with the consent of the other party; or 
 70.6      (iv) (4) the child's present environment endangers the 
 70.7   child's physical or emotional health or impairs the child's 
 70.8   emotional development, and the harm likely to be caused by a 
 70.9   change of environment is outweighed by the advantage of a change 
 70.10  to the child.  
 70.11     In addition, (e) A court may modify a custody order or 
 70.12  parenting plan under section 631.52.  
 70.13     (e) (f) In deciding whether to modify a prior joint custody 
 70.14  order, the court shall must apply the standards set forth in 
 70.15  paragraph (d) unless: 
 70.16     (1) the parties agree in writing to the application of a 
 70.17  different standard,; or 
 70.18     (2) the party seeking the modification is asking the court 
 70.19  for permission to move the residence of the child to another 
 70.20  state. 
 70.21     (f) If a parent has been granted sole physical custody of a 
 70.22  minor and the child subsequently lives with the other parent, 
 70.23  and temporary sole physical custody has been approved by the 
 70.24  court or by a court-appointed referee, 
 70.25     (g) The court may suspend the obligor's child support 
 70.26  obligation pending the a final custody determination if: 
 70.27     (1) the obligee has been granted sole physical custody of a 
 70.28  child; 
 70.29     (2) the child subsequently lives with the obligor; and 
 70.30     (3) a temporary sole custody order has been approved by the 
 70.31  court or a court-approved referee.  
 70.32  The court's A court order denying the suspension of child 
 70.33  support under this paragraph must include a written explanation 
 70.34  of the reasons why continuation of the child support obligation 
 70.35  would be in the best interests of the child. 
 70.36     (h) A party seeking modification of a custody order must 
 71.1   submit with moving papers an affidavit setting forth facts 
 71.2   supporting the requested modification.  The party must give 
 71.3   notice and a copy of the affidavit to other parties to the 
 71.4   proceeding, who may file opposing affidavits. 
 71.5      Sec. 40.  Minnesota Statutes 2002, section 518.612, is 
 71.6   amended to read: 
 71.7      518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 
 71.8   ORDER.] 
 71.9      Failure by a party to make support payments is not a 
 71.10  defense to:  
 71.11     (1) interference with parenting time; or 
 71.12     (2) without the permission of the court or the other 
 71.13  parent, removing a child from this state. 
 71.14     Interference with parenting time or taking a child from 
 71.15  this state without permission of the court or the other parent 
 71.16  is not a defense to nonpayment of support.  If a party fails to 
 71.17  make support payments, interferes with parenting time, or 
 71.18  removes a child from the state without permission of the court 
 71.19  or the other parent, the other party may petition the court for 
 71.20  an appropriate order.  
 71.21     (a) An obligor may not assert as a defense to failure to 
 71.22  pay child support that the obligee interfered with parenting 
 71.23  time or removed the child from the state without permission of 
 71.24  the obligor or the court. 
 71.25     (b) An obligee may not assert as a defense to interference 
 71.26  with parenting time or removing the child from the state without 
 71.27  permission of the obligor or the court, that the obligor failed 
 71.28  to pay child support. 
 71.29     (c) A party may petition the court for an appropriate order 
 71.30  if the other party: 
 71.31     (1) fails to make support payments; 
 71.32     (2) interferes with parenting time; or 
 71.33     (3) removes a child from this state without permission of 
 71.34  the court or the other parent. 
 71.35     Sec. 41.  Minnesota Statutes 2002, section 518.619, is 
 71.36  amended to read: 
 72.1      518.619 [CUSTODY OR VISITATION PARENTING TIME; MEDIATION 
 72.2   SERVICES.] 
 72.3      Subdivision 1.  [MEDIATION PROCEEDING.] Except as provided 
 72.4   in subdivision 2, if it appears on the face of the petition or 
 72.5   other application for an order or modification of an order for 
 72.6   the child custody of a child that custody or parenting time is 
 72.7   contested, or that any issue pertinent to a custody or parenting 
 72.8   time determination, including parenting time rights, is 
 72.9   unresolved, the matter may be set for mediation of the contested 
 72.10  issue prior to before, concurrent with, or subsequent to the 
 72.11  after setting of the matter for hearing.  The purpose of the 
 72.12  mediation proceeding is to reduce acrimony which that may exist 
 72.13  between the parties and to develop an agreement that is 
 72.14  supportive of the child's best interests.  The mediator shall 
 72.15  must use best efforts to effect a settlement of the custody or 
 72.16  parenting time dispute, but shall have has no coercive authority.
 72.17     Subd. 2.  [EXCEPTION.] If the court determines that there 
 72.18  is probable cause that one of the parties, or a child of a 
 72.19  party, has been physically or sexually abused by the other a 
 72.20  party, the court shall must not require or refer the parties to 
 72.21  mediation or any other process that requires parties to meet and 
 72.22  confer without counsel, if any, present. 
 72.23     Subd. 3.  [MEDIATOR APPOINTMENT.] In order to participate 
 72.24  in a custody mediation, a mediator must be appointed by the 
 72.25  family court.  A mediator must be a member of the professional 
 72.26  staff of a family court, probation department, mental health 
 72.27  services agency, or a private mediation service.  The mediator 
 72.28  must be on a list of mediators approved by the court having 
 72.29  jurisdiction of the matter, unless the parties stipulate to a 
 72.30  mediator not on the list.  
 72.31     Subd. 4.  [MEDIATOR QUALIFICATIONS.] A mediator who 
 72.32  performs mediation in contested child custody matters shall must 
 72.33  meet the following minimum qualifications: 
 72.34     (a) (1) knowledge of the court system and the procedures 
 72.35  used in contested child custody matters; 
 72.36     (b) (2) knowledge of other resources in the community to 
 73.1   which the parties to contested child custody matters can be 
 73.2   referred for assistance; 
 73.3      (c) (3) knowledge of child development, clinical issues 
 73.4   relating to children, the effects of marriage dissolution on 
 73.5   children, and child custody research; and 
 73.6      (d) (4) a minimum of 40 hours of certified mediation 
 73.7   training. 
 73.8      Subd. 5.  [RECORDS; PRIVATE DATA.] Mediation proceedings 
 73.9   shall must be conducted in private.  All records of a mediation 
 73.10  proceeding shall be are private and not available as evidence in 
 73.11  an action for marriage dissolution and related proceedings on 
 73.12  any issue in controversy in the dissolution.  
 73.13     Subd. 6.  [MEDIATOR RECOMMENDATIONS.] When the parties have 
 73.14  not reached agreement as a result of the mediation proceeding, 
 73.15  the mediator may recommend to the court that an investigation be 
 73.16  conducted under section 518.167, or that other action be taken 
 73.17  to assist the parties to resolve the controversy before a 
 73.18  hearing on the issues.  The mediator may not conduct the 
 73.19  investigation or evaluation unless:  (1) the parties agree in a 
 73.20  writing, executed after the termination of mediation, that the 
 73.21  mediator may conduct the investigation or evaluation, or (2) 
 73.22  there is no other person reasonably available to conduct the 
 73.23  investigation or evaluation.  The mediator may recommend that 
 73.24  mutual restraining orders be issued in appropriate cases, 
 73.25  pending determination of the controversy, to protect the 
 73.26  well-being of the children involved in the controversy. 
 73.27     Subd. 7.  [MEDIATION AGREEMENT.] An agreement reached by 
 73.28  the parties as a result of mediation shall must be discussed by 
 73.29  the parties with their attorneys, if any, and.  The approved 
 73.30  agreement may then be included in the marital dissolution decree 
 73.31  or other stipulation submitted to the court.  An agreement 
 73.32  reached by the parties as a result of mediation may not be 
 73.33  presented to the court nor made enforceable unless the parties 
 73.34  and their counsel, if any, consent to its presentation to the 
 73.35  court, and the court adopts the agreement. 
 73.36     Subd. 8.  [RULES.] Each court shall must adopt rules to 
 74.1   implement this section, and shall must compile and maintain a 
 74.2   list of mediators. 
 74.3      Sec. 42.  Minnesota Statutes 2002, section 519.11, 
 74.4   subdivision 1, is amended to read: 
 74.5      Subdivision 1.  [ANTENUPTIAL CONTRACT.] A man and woman of 
 74.6   legal age may enter into an antenuptial contract or settlement 
 74.7   prior to solemnization of marriage which shall be valid and 
 74.8   enforceable if (a) there is a full and fair disclosure of the 
 74.9   earnings and property of each party, and (b) the parties have 
 74.10  had an opportunity to consult with legal counsel of their own 
 74.11  choice.  An antenuptial contract or settlement made in 
 74.12  conformity with this section may determine what rights each 
 74.13  party has in the nonmarital property, defined in section 518.54, 
 74.14  subdivision 5, clauses (a) (1) to (d) (4), upon dissolution of 
 74.15  marriage, legal separation or after its termination by death and 
 74.16  may bar each other of all rights in the respective estates not 
 74.17  so secured to them by their agreement.  This section shall not 
 74.18  be construed to make invalid or unenforceable any antenuptial 
 74.19  agreement or settlement made and executed in conformity with 
 74.20  this section because the agreement or settlement covers or 
 74.21  includes marital property, if the agreement or settlement would 
 74.22  be valid and enforceable without regard to this section. 
 74.23     Sec. 43.  [REVISOR'S INSTRUCTION.] 
 74.24     The revisor of statutes must renumber the sections in 
 74.25  Minnesota Statutes listed in column A as indicated in column B 
 74.26  and correct cross-references to those sections throughout 
 74.27  Minnesota Statutes and Minnesota Rules. 
 74.28                   A                   B
 74.29            518.003, subd. 2     517B.01, subd. 5
 74.30            518.003, subd. 3     517B.01, subd. 2 
 74.31            518.003, subd. 4     517B.01, subd. 3 
 74.32            518.003, subd. 5     517B.01, subd. 4
 74.33            518.155              517B.02
 74.34            518.156              517B.13
 74.35            518.157              517B.06
 74.36            518.165, subd. 1     517B.08, subd. 1 
 75.1             518.165, subd. 2     518B.08, subd. 2 
 75.2             518.165, subd. 2a    517B.08, subd. 3 
 75.3             518.165, subd. 3     517B.08, subd. 4 
 75.4             518.166              517B.14
 75.5             518.167              517B.15
 75.6             518.168              517B.16
 75.7             518.1705             517B.28
 75.8             518.175, subd. 1     517B.25, subd. 1
 75.9             518.175, subd. 1a    517B.25, subd. 2
 75.10            518.175, subd. 2     517B.25, subd. 3
 75.11            518.175, subd. 3     517B.25, subd. 4
 75.12            518.175, subd. 5     517B.25, subd. 6
 75.13            518.175, subd. 6     517B.25, subd. 7
 75.14            518.175, subd. 8     517B.25, subd. 8
 75.15            518.1751, subd. 1    517B.26, subd. 1
 75.16            518.1751, subd. 1a   517B.26, subd. 3
 75.17            518.1751, subd. 1b   517B.26, subd. 2
 75.18            518.1751, subd. 2    517B.26, subd. 6
 75.19            518.1751, subd. 2a   517B.26, subd. 7
 75.20            518.1751, subd. 2b   517B.26, subd. 4
 75.21            518.1751, subd. 2c   517B.26, subd. 5
 75.22            518.1751, subd. 3    517B.26, subd. 8
 75.23            518.1751, subd. 4    517B.26, subd. 13
 75.24            518.1751, subd. 4a   517B.26, subd. 9
 75.25            518.1751, subd. 5    517B.26, subd. 10
 75.26            518.1751, subd. 5a   517B.26, subd. 11
 75.27            518.1751, subd. 6    517B.26, subd. 12
 75.28            518.1752             517B.30 
 75.29            518.176              517B.20
 75.30            518.177              517B.04 para. (b)
 75.31            518.178              517B.25, subd. 5
 75.32            518.179              517B.09
 75.33            518.18               517B.21
 75.34            518.183              517B.27
 75.35            518.612              517B.10
 75.36            518.619              517B.07
 76.1      Sec. 44.  [REPEALER.] 
 76.2      Minnesota Statutes 2002, sections 518.17; 518.1752; and 
 76.3   518.185; are repealed. 
 76.4                              ARTICLE 3 
 76.5                            CHILD SUPPORT 
 76.6      Section 1.  [517C.01] [TITLE.] 
 76.7      This chapter may be cited as the "Minnesota Child Support 
 76.8   Act." 
 76.9      Sec. 2.  [517C.02] [DEFINITIONS.] 
 76.10     Subdivision 1.  [SCOPE.] The definitions in this section 
 76.11  apply to this chapter. 
 76.12     Subd. 2.  [ARREARS.] "Arrears" means amounts owed under a 
 76.13  support order that are past due.  Arrears include: 
 76.14     (1) child support; 
 76.15     (2) the entire amount of court-ordered past support and 
 76.16  pregnancy and confinement expenses if: 
 76.17     (i) the order does not contain repayment terms; or 
 76.18     (ii) the order contains repayment terms and the obligor 
 76.19  fails to comply with the repayment terms; and 
 76.20     (3) attorney fees and any other collection costs addressed 
 76.21  in a support order under section 517C.84. 
 76.22     Subd. 3.  [BASIC SUPPORT.] "Basic support" means the dollar 
 76.23  amount ordered for a child's housing, food, clothing, 
 76.24  transportation, and education costs, and other expenses relating 
 76.25  to the child's care.  Basic support does not include monetary 
 76.26  contributions for a child's private school tuition, child care 
 76.27  expenses, and medical and dental expenses. 
 76.28     Subd. 4.  [BUSINESS DAY.] "Business day" means a day on 
 76.29  which state offices are open for regular business. 
 76.30     Subd. 5.  [CHILD.] "Child" means an individual under 18 
 76.31  years of age, an individual under age 20 who is still attending 
 76.32  secondary school, or an individual who, by reason of physical or 
 76.33  mental condition, is incapable of self-support. 
 76.34     Subd. 6.  [CHILD SUPPORT.] "Child support" means an amount 
 76.35  for basic support, child care support, and medical support 
 76.36  pursuant to: 
 77.1      (1) an award in a dissolution, legal separation, annulment, 
 77.2   or parentage proceeding for the care, support, and education of 
 77.3   a child of the marriage or of the parties to the proceeding; 
 77.4      (2) a contribution by parents ordered under section 256.87; 
 77.5   or 
 77.6      (3) support ordered under chapter 518B or 518C.  
 77.7      Subd. 7.  [DEPOSIT ACCOUNT.] "Deposit account" means funds 
 77.8   deposited with a financial institution in the form of a savings 
 77.9   account, checking account, NOW account, or demand deposit 
 77.10  account. 
 77.11     Subd. 8.  [FINANCIAL INSTITUTION.] "Financial institution" 
 77.12  means a savings association, bank, trust company, credit union, 
 77.13  industrial loan and thrift company, bank and trust company, or 
 77.14  savings association, and includes a branch or detached facility 
 77.15  of a financial institution. 
 77.16     Subd. 9.  [OBLIGEE.] "Obligee" means a person to whom 
 77.17  payments for child support are owed. 
 77.18     Subd. 10.  [OBLIGOR.] "Obligor" means a person obligated to 
 77.19  pay child support.  A person who is designated as the sole 
 77.20  physical custodian of a child is presumed not to be an obligor 
 77.21  for purposes of calculating current support unless the court 
 77.22  makes specific written findings to overcome this presumption.  
 77.23  For purposes of ordering medical support under section 517C.17, 
 77.24  a custodial parent may be an obligor subject to income 
 77.25  withholding under section 517C.17; a cost-of-living adjustment 
 77.26  under section 517C.31; and a payment agreement under section 
 77.27  517C.71. 
 77.28     Subd. 11.  [PAYMENT.] "Payment" means the payment of child 
 77.29  support and related payments required by order of a tribunal, 
 77.30  voluntary support, or statutory fees. 
 77.31     Subd. 12.  [PAYOR OF FUNDS.] "Payor of funds" means a 
 77.32  person or entity that provides funds to an obligor, including an 
 77.33  employer as defined under chapter 24 of the Internal Revenue 
 77.34  Code, section 3401(d), an independent contractor, payor of 
 77.35  workers' compensation benefits or unemployment insurance 
 77.36  benefits, or a financial institution as defined in section 
 78.1   13B.06. 
 78.2      Subd. 13.  [PUBLIC AUTHORITY.] "Public authority" means the 
 78.3   local unit of government, acting on behalf of the state, that is 
 78.4   responsible for child support enforcement or the child support 
 78.5   enforcement division of the department of human services. 
 78.6      Subd. 14.  [SUPPORT ORDER.] (a) "Support order" means a 
 78.7   judgment, decree, or order, whether temporary, final, or subject 
 78.8   to modification, issued by a court or administrative agency of 
 78.9   competent jurisdiction that: 
 78.10     (1) provides for the support of a child, including a child 
 78.11  who has attained the age of majority under the law of the 
 78.12  issuing state, or a child and the parent with whom the child is 
 78.13  living; 
 78.14     (2) provides for basic support, child care, medical support 
 78.15  including expenses for confinement and pregnancy, arrears, or 
 78.16  reimbursement; and 
 78.17     (3) may include related costs and fees, interest and 
 78.18  penalties, income withholding, and other relief. 
 78.19     (b) The definition in paragraph (a) applies to orders 
 78.20  issued under this chapter and chapters 256, 257, and 518C. 
 78.21     Subd. 15.  [TRIBUNAL.] "Tribunal" has the meaning given in 
 78.22  section 518C.101. 
 78.23     Subd. 16.  [UNCLAIMED SUPPORT FUNDS.] "Unclaimed support 
 78.24  funds" means any support payments collected by the public 
 78.25  authority from the obligor, which have not been disbursed to the 
 78.26  obligee or public authority. 
 78.27     Subd. 17.  [IV-D CASE.] "IV-D case" means a case where a 
 78.28  party assigns rights to child support to the state because the 
 78.29  party receives public assistance, as defined in section 256.741, 
 78.30  or applies for child support services under title IV-D of the 
 78.31  Social Security Act, United States Code, title 42, section 
 78.32  654(4). 
 78.33     Sec. 3.  [517C.04] [CHILD SUPPORT ORDERS.] 
 78.34     Subdivision 1.  [ORDER.] (a) Upon dissolution of marriage, 
 78.35  legal separation, annulment, establishment of paternity, or when 
 78.36  otherwise required by statute, the court must order child 
 79.1   support as provided by this chapter. 
 79.2      (b) Nothing contained in this chapter limits the power of 
 79.3   the court to make appropriate, adequate orders for the support 
 79.4   and education of a child of the parties to a dissolution, legal 
 79.5   separation, or annulment action if the dissolution, legal 
 79.6   separation, or annulment is denied. 
 79.7      Subd. 2.  [PROVISIONS.] Child support orders must provide 
 79.8   for general child rearing costs or basic support and must also 
 79.9   specifically address child care costs and medical care, 
 79.10  providing for those costs pursuant to this chapter. 
 79.11     Subd. 3.  [AGREEMENTS.] If the parties stipulate or agree 
 79.12  to a child support order, the court must review the agreement to 
 79.13  ensure it serves the best interests of the child.  The Minnesota 
 79.14  Supreme Court may promulgate rules regarding the review of 
 79.15  stipulations and agreements.  The court may refuse to accept or 
 79.16  may alter an agreement that does not conform with the 
 79.17  requirements of this chapter or that is otherwise not in the 
 79.18  best interests of the child. 
 79.19     Subd. 4.  [SPECIFIC DOLLAR AMOUNT.] (a) The court must 
 79.20  order child support in a specific dollar amount. 
 79.21     (b) The court may order an obligor to pay child support in 
 79.22  the form of a percentage share of the obligor's net bonuses, 
 79.23  commissions, or other forms of compensation, in addition to, or 
 79.24  if the obligor receives no base pay, in lieu of an order for a 
 79.25  specific dollar amount. 
 79.26     Subd. 5.  [PREFERENCE FOR MONTHLY PAYMENT.] There is a 
 79.27  presumption in favor of ordering child support in an amount that 
 79.28  reflects an obligor's monthly obligation. 
 79.29     Subd. 6.  [PREFERENCE FOR STATIC PAYMENT.] There is a 
 79.30  presumption in favor of ordering child support so that an 
 79.31  obligor makes the same monthly payments throughout the year, as 
 79.32  opposed to payment amounts that fluctuate by season or month.  
 79.33  If the obligor is seasonally employed, it is generally the 
 79.34  obligor's responsibility to budget income accordingly. 
 79.35     Subd. 7.  [DEPARTURE.] The court may depart from a 
 79.36  presumption in subdivision 5 or 6 if: 
 80.1      (1) all parties agree; or 
 80.2      (2) the presumption would impose an extreme hardship on the 
 80.3   obligor and would not be in the best interests of the child. 
 80.4      Subd. 8.  [CHILD SUPPORT TO BE DISTINGUISHED FROM 
 80.5   MAINTENANCE.] In a judgment of dissolution or legal separation, 
 80.6   the court must clearly distinguish between payments ordered for 
 80.7   maintenance and payments ordered for child support.  An award of 
 80.8   payments from future income or earnings of the parent with whom 
 80.9   the child resides is presumed to be maintenance and an award of 
 80.10  payments from the future income or earnings of the other parent 
 80.11  is presumed to be child support, unless otherwise designated by 
 80.12  the court. 
 80.13     Subd. 9.  [OTHER CUSTODIANS.] If a child resides with a 
 80.14  person other than a parent and the court approves of the custody 
 80.15  arrangement, the court may order child support payments to be 
 80.16  made to the custodian regardless of whether the person has legal 
 80.17  custody. 
 80.18     Subd. 10.  [EITHER PARENT LIABLE; MARITAL MISCONDUCT 
 80.19  IRRELEVANT.] The court may order either or both parents owing a 
 80.20  duty of support to a child to pay an amount reasonable or 
 80.21  necessary for the child's support, without regard to marital 
 80.22  misconduct. 
 80.23     Sec. 4.  [517C.05] [TEMPORARY ORDERS.] 
 80.24     Subdivision 1.  [MOTION; SCOPE.] In a child support 
 80.25  proceeding a party may, by motion, request that the court grant 
 80.26  a temporary order pending the final disposition of the 
 80.27  proceeding for temporary child support, costs, and reasonable 
 80.28  attorney fees.  Additionally, to facilitate the just and speedy 
 80.29  disposition of the proceeding, the court may require a party to 
 80.30  perform or refrain from performing additional acts. 
 80.31     Subd. 2.  [DURATION.] A temporary order continues in full 
 80.32  force and effect until: 
 80.33     (1) it is amended; 
 80.34     (2) it is vacated; 
 80.35     (3) the main action is dismissed; or 
 80.36     (4) a final decree of dissolution, legal separation, or 
 81.1   other final order is entered. 
 81.2      Subd. 3.  [FACTORS.] The court must consider the factors 
 81.3   set forth in this chapter in making temporary orders. 
 81.4      Subd. 4.  [EVIDENCE.] Temporary orders must be made solely 
 81.5   on the basis of affidavits and argument of counsel unless: 
 81.6      (1) a party makes a timely motion or responsive motion to 
 81.7   hear the matter on oral testimony before the court; or 
 81.8      (2) the court, in its discretion, orders the taking of oral 
 81.9   testimony. 
 81.10     Subd. 5.  [LIMITED EFFECT.] A temporary order does not 
 81.11  prejudice the rights of the parties or the child that are to be 
 81.12  adjudicated at subsequent hearings in the proceeding. 
 81.13     Subd. 6.  [REVOCATION; MODIFICATION.] A temporary order may 
 81.14  be revoked or modified by the court before the final disposition 
 81.15  of the proceeding upon the same grounds and subject to the same 
 81.16  requirements as the initial granting of the order. 
 81.17     Sec. 5.  [517C.06] [DETERMINATION OF CONTROLLING ORDER.] 
 81.18     The public authority or a party may request the court to 
 81.19  determine a controlling order when more than one order involving 
 81.20  the same obligor and child exists. 
 81.21     Sec. 6.  [517C.07] [ATTORNEY FEES; COSTS AND 
 81.22  DISBURSEMENTS.] 
 81.23     Subdivision 1.  [GENERAL.] (a) Except as provided in 
 81.24  section 517C.84, in a proceeding under this chapter, the court 
 81.25  must award attorney fees, costs, and disbursements in an amount 
 81.26  necessary to enable a party to carry on or contest the 
 81.27  proceeding if: 
 81.28     (1) the fees are necessary for the good-faith assertion of 
 81.29  the party's rights in the proceeding and will not contribute 
 81.30  unnecessarily to the length and expense of the proceeding; 
 81.31     (2) the party from whom fees, costs, and disbursements are 
 81.32  sought has the means to pay them; and 
 81.33     (3) the party to whom fees, costs, and disbursements are 
 81.34  awarded does not have the means to pay them. 
 81.35     (b) Fees, costs, and disbursements may be awarded at any 
 81.36  point during or after a proceeding under this chapter, including 
 82.1   if a proceeding is dismissed or abandoned. 
 82.2      (c) The court may assess costs and disbursements against 
 82.3   either party. 
 82.4      Subd. 2.  [UNREASONABLE ACTIONS.] The court may, in its 
 82.5   discretion, assess additional fees, costs, and disbursements 
 82.6   against a party who unreasonably contributes to the length or 
 82.7   expense of the proceeding. 
 82.8      Subd. 3.  [COLLECTION.] The court may authorize the 
 82.9   collection of money awarded by execution, or out of property 
 82.10  sequestered, or in any other manner within the power of the 
 82.11  court.  An award of attorney fees survives the proceeding.  If 
 82.12  the award is not paid by the party directed to pay it, the award 
 82.13  may be enforced as provided by this subdivision or by a separate 
 82.14  civil action brought in the attorney's own name. 
 82.15     Sec. 7.  [517C.10] [EXCHANGE OF INFORMATION.] 
 82.16     Subdivision 1.  [DOCUMENTATION.] (a) The parties must 
 82.17  timely serve and file documentation of earnings and income.  
 82.18  When there is a prehearing conference, the court must receive 
 82.19  the documentation at least ten days before the prehearing 
 82.20  conference. 
 82.21     (b) Documentation of earnings and income includes, but is 
 82.22  not limited to, pay stubs for the most recent three months, 
 82.23  employer statements, or statement of receipts and expenses if 
 82.24  self-employed.  Documentation of earnings and income also 
 82.25  includes copies of each parent's most recent federal tax 
 82.26  returns, W-2 forms, 1099 forms, unemployment insurance benefits 
 82.27  statements, workers' compensation statements, and all other 
 82.28  documents evidencing the receipt of income that provide 
 82.29  verification of income over a longer period. 
 82.30     Subd. 2.  [EXCHANGE OF TAX RETURNS.] At any time after a 
 82.31  party commences an action seeking child support or when a child 
 82.32  support order is in effect, a party or the public authority may 
 82.33  require the other party to give them a copy of the other party's 
 82.34  most recent federal tax returns that were filed with the 
 82.35  Internal Revenue Service.  The party must provide a copy of the 
 82.36  tax returns within 30 days of receiving the request unless the 
 83.1   request is not made in good faith.  A party may not make a 
 83.2   request under this subdivision more than once every two years, 
 83.3   in the absence of good cause. 
 83.4      Subd. 3.  [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] An 
 83.5   obligor must notify other parties of a change of address or 
 83.6   residence within 60 days of the address or residence change. 
 83.7      Subd. 4.  [NOTICE TO PUBLIC AUTHORITY; PUBLIC ASSISTANCE.] 
 83.8   The petitioner must notify the public authority of all 
 83.9   proceedings for dissolution, legal separation, determination of 
 83.10  parentage, or for the custody of a child, if either party is 
 83.11  receiving public assistance or applies for it subsequent to the 
 83.12  commencement of the proceeding.  The notice must contain the 
 83.13  full names of the parties to the proceeding, their social 
 83.14  security account numbers, and their birth dates. 
 83.15     Subd. 5.  [FAILURE OF NOTICE.] If the court in a 
 83.16  dissolution, legal separation, or determination of parentage 
 83.17  proceeding, finds before issuing the order for judgment and 
 83.18  decree, that notification has not been given to the public 
 83.19  authority, the court must set child support according to the 
 83.20  guidelines in this chapter.  In those proceedings in which no 
 83.21  notification has been made pursuant to this section and in which 
 83.22  the public authority determines that the judgment is lower than 
 83.23  the child support required by the guidelines in this chapter, it 
 83.24  must move the court for a redetermination of the support 
 83.25  payments ordered so that the support payments comply with the 
 83.26  guidelines. 
 83.27     Sec. 8.  [517C.11] [PRIVACY PROTECTION; PERSONAL 
 83.28  PROTECTION.] 
 83.29     Subdivision 1.  [SOCIAL SECURITY NUMBERS; TAX RETURNS.] The 
 83.30  social security numbers and tax returns required under this 
 83.31  chapter are not accessible to the public, except that they must 
 83.32  be disclosed to the other parties to a proceeding as provided in 
 83.33  section 517C.10. 
 83.34     Subd. 2.  [MODIFICATION OF CERTAIN REQUIREMENTS.] The court 
 83.35  may waive, modify, or limit the information exchange 
 83.36  requirements of this chapter by order if necessary to protect a 
 84.1   party from contact by another party. 
 84.2      Subd. 3.  [ACCESS TO ADDRESS FOR SERVICE OF PROCESS.] (a) 
 84.3   If the public authority is a party or is providing services in a 
 84.4   child support case, a party may obtain an ex parte order under 
 84.5   this subdivision.  The party may obtain an ex parte order 
 84.6   requiring the public authority to serve legal documents on the 
 84.7   other party by mail if the party submits a sworn affidavit to 
 84.8   the court stating that: 
 84.9      (1) the party needs to serve legal process in a support 
 84.10  proceeding and does not have access to the address of the other 
 84.11  party; 
 84.12     (2) the party has made reasonable efforts to locate the 
 84.13  other party; and 
 84.14     (3) the other party is not represented by counsel. 
 84.15     (b) The public authority must serve legal documents 
 84.16  provided by the moving party at the last known address of the 
 84.17  other party upon receipt of a court order under paragraph (a).  
 84.18  The public authority must provide for appropriate service and 
 84.19  must certify to all parties the date of service by mail.  The 
 84.20  public authority's proof of service must not include the place 
 84.21  or address of service. 
 84.22     (c) The state court administrator must prepare and make 
 84.23  available forms for use in seeking access to an address under 
 84.24  this subdivision. 
 84.25     Sec. 9.  [517C.12] [INCOME.] 
 84.26     Subdivision 1.  [DEFINITION.] For purposes of calculating 
 84.27  child support under this chapter, "income" means gross income. 
 84.28     Subd. 2.  [SOURCES.] For purposes of this chapter, income 
 84.29  includes any form of periodic payment to an individual 
 84.30  including, but not limited to: 
 84.31     (1) wages; 
 84.32     (2) salaries; 
 84.33     (3) payments to an independent contractor; 
 84.34     (4) workers' compensation; 
 84.35     (5) unemployment insurance benefits; 
 84.36     (6) annuity; 
 85.1      (7) military and naval retirement; 
 85.2      (8) pension and disability payments; and 
 85.3      (9) in-kind payments received by the obligor in the course 
 85.4   of employment, self-employment, or operation of a business if 
 85.5   the payments reduce the obligor's living expenses. 
 85.6      Subd. 3.  [COMMISSIONS; BONUSES.] If the court finds that a 
 85.7   party's commissions or bonuses are reliable and predictable, the 
 85.8   court may include them in income calculations. 
 85.9      Subd. 4.  [SELF-EMPLOYMENT; INDEPENDENT CONTRACTORS.] 
 85.10  Income from self-employment is equal to gross receipts minus 
 85.11  ordinary and necessary expenses.  Ordinary and necessary 
 85.12  expenses include what would otherwise be the employer's share of 
 85.13  the contributions under the Federal Insurance Contributions Act 
 85.14  (FICA), United States Code, title 26, subtitle C, chapter 21, 
 85.15  subchapter A, sections 3101 to 3126.  Ordinary and necessary 
 85.16  expenses do not necessarily include amounts allowed by the 
 85.17  Internal Revenue Service for accelerated depreciation expenses 
 85.18  or investment tax credits or any other business expenses 
 85.19  determined by the court to be inappropriate for determining 
 85.20  income for purposes of child support.  The person seeking to 
 85.21  deduct an expense, including depreciation, has the burden of 
 85.22  proving, if challenged, that the expense is ordinary and 
 85.23  necessary.  Income calculated under this section may be 
 85.24  different from taxable income. 
 85.25     Subd. 5.  [PUBLIC ASSISTANCE EXCLUSIONS.] Benefits received 
 85.26  under chapter 256J and Title IV-A of the Social Security Act are 
 85.27  not income under this section. 
 85.28     Subd. 6.  [OVERTIME.] (a) Income does not include 
 85.29  compensation received by a party for employment in excess of a 
 85.30  40-hour work week if: 
 85.31     (1) the excess employment is not within the normal range of 
 85.32  hours worked, given the party's employment history; 
 85.33     (2) the excess employment is voluntary and not a condition 
 85.34  of employment; 
 85.35     (3) the excess employment is in the nature of additional, 
 85.36  part-time, or overtime employment compensable by the hour or 
 86.1   fraction of an hour; and 
 86.2      (4) the party's compensation structure has not been changed 
 86.3   for the purpose of affecting a child support obligation. 
 86.4      (b) The court may presume that a party with seasonal or 
 86.5   intermittent income who works periods in excess of a 40-hour 
 86.6   work week, but who works a substantially normal number of hours 
 86.7   over the course of a year, is working within the normal range of 
 86.8   hours worked. 
 86.9      Subd. 7.  [INCOME OF A SPOUSE OR OTHER HOUSEHOLD 
 86.10  MEMBER.] (a) Income must not include the income of a party's 
 86.11  spouse or other household member.  The court must not consider 
 86.12  the income or resources provided by a spouse or other household 
 86.13  member when determining all the earnings, income, and resources 
 86.14  of a parent under sections 517C.25 to 517C.29. 
 86.15     (b) Notwithstanding paragraph (a), the court may issue an 
 86.16  order permitting discovery of a spouse's or other household 
 86.17  member's income information if there is probable cause to 
 86.18  believe the spouse or other household member is being used to 
 86.19  shelter income from a party.  If the court finds that income was 
 86.20  improperly or unfairly sheltered, it may impute income to the 
 86.21  party or otherwise adjust the support amount in a just and 
 86.22  proper manner.  However, the court may not under any 
 86.23  circumstances consider income or resources properly attributable 
 86.24  to a spouse or other household member when setting support. 
 86.25     Subd. 8.  [PRIOR CHILD SUPPORT OR MAINTENANCE ORDERS.] The 
 86.26  amount of a child support or maintenance order, not including 
 86.27  orders for child support or maintenance debts or arrears, must 
 86.28  be deducted from income. 
 86.29     Subd. 9.  [LEGALLY DEPENDENT CHILD.] (a) For purposes of 
 86.30  this subdivision, a "legally dependent child" means a child: 
 86.31     (1) whose primary residence is with a parent eligible for a 
 86.32  deduction from income under this subdivision; 
 86.33     (2) whom the parent has the legal duty to support; 
 86.34     (3) who is not a subject of the current child support 
 86.35  action; 
 86.36     (4) for whom the parent is not ordered to pay child 
 87.1   support; and 
 87.2      (5) for whom no other person has court-ordered sole 
 87.3   physical custody. 
 87.4      (b) The court must deduct an amount from a parent's income 
 87.5   for a legally dependent child.  The amount deducted from income 
 87.6   for each legally dependent child must be computed using the 
 87.7   following method: 
 87.8      (1) determine 120 percent of the federal poverty guidelines 
 87.9   for a family size equal to two parents plus each legally 
 87.10  dependent child; 
 87.11     (2) divide the amount determined under clause (1) by the 
 87.12  family size determined under clause (1); 
 87.13     (3) multiply the amount calculated under clause (2) by the 
 87.14  number of legally dependent children; and 
 87.15     (4) divide the amount calculated under clause (3) by two to 
 87.16  determine the deduction amount for one parent.  The amount 
 87.17  determined for one parent must be divided by 12 to determine the 
 87.18  amount of the deduction from a parent's monthly income. 
 87.19     (c) The commissioner of human services must publish a table 
 87.20  listing the amount of the deduction for each legally dependent 
 87.21  child by family size and must update the table for changes to 
 87.22  the federal poverty guidelines by July 1 of each year. 
 87.23     Sec. 10.  [517C.13] [IMPUTED INCOME.] 
 87.24     Subdivision 1.  [NONAPPEARANCE OF A PARENT.] If a parent 
 87.25  under the jurisdiction of the court does not appear at a court 
 87.26  hearing after proper notice of the time and place of the 
 87.27  hearing, the court must set income for that parent based on 
 87.28  credible evidence before the court or in accordance with 
 87.29  subdivision 3.  Credible evidence may include documentation of 
 87.30  current or recent income, testimony of the other parent 
 87.31  concerning recent earnings and income levels, and the parent's 
 87.32  wage reports filed with the Minnesota department of economic 
 87.33  security under section 268.044. 
 87.34     Subd. 2.  [VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT.] (a) 
 87.35  The principles of income imputation apply equally to both 
 87.36  parents. 
 88.1      (b) If the court finds that a parent is voluntarily 
 88.2   unemployed or underemployed or was voluntarily unemployed or 
 88.3   underemployed during the period for which past support is being 
 88.4   sought, a court must calculate support based on a determination 
 88.5   of imputed income. 
 88.6      (c) A parent is not considered voluntarily unemployed or 
 88.7   underemployed upon a showing by the parent that: 
 88.8      (1) the unemployment or underemployment is temporary and 
 88.9   will ultimately lead to an increase in income; 
 88.10     (2) the unemployment or underemployment represents a bona 
 88.11  fide career change that outweighs the adverse effect of that 
 88.12  parent's diminished income on the child; 
 88.13     (3) the parent is a recipient of public assistance under 
 88.14  section 256.741; or 
 88.15     (4) the parent is physically or mentally incapacitated. 
 88.16     (d) Imputed income means the estimated earning ability of a 
 88.17  parent based on the parent's prior earnings history, education, 
 88.18  and job skills, and on availability of jobs within the community 
 88.19  for an individual with the parent's qualifications. 
 88.20     Subd. 3.  [INSUFFICIENT INFORMATION.] If there is 
 88.21  insufficient information to determine actual income or to impute 
 88.22  income pursuant to subdivision 1 or 2, the court may calculate 
 88.23  support based on full-time employment of 40 hours per week at 
 88.24  150 percent of the federal minimum wage or the Minnesota minimum 
 88.25  wage, whichever is higher. 
 88.26     Sec. 11.  [517C.14] [PRESUMPTIVE CHILD SUPPORT ORDER; 
 88.27  GENERAL.] 
 88.28     Subdivision 1.  [REBUTTABLE PRESUMPTION.] The guidelines in 
 88.29  sections 517C.12 to 517C.18 are a rebuttable presumption and 
 88.30  must be used in all cases when establishing or modifying child 
 88.31  support. 
 88.32     Subd. 2.  [CHILD'S INSURANCE BENEFIT.] In establishing or 
 88.33  modifying child support, if a child receives a child's insurance 
 88.34  benefit under United States Code, title 42, section 402, because 
 88.35  the obligor is entitled to old age or disability insurance 
 88.36  benefits, the amount of support ordered must be offset by the 
 89.1   amount of the child's benefit.  The court must make findings 
 89.2   regarding the obligor's income from all sources, the child 
 89.3   support amount calculated under this chapter, the amount of the 
 89.4   child's benefit, and the obligor's child support obligation.  A 
 89.5   benefit received by the child in a given month in excess of the 
 89.6   child support obligation must not be treated as a payment of 
 89.7   arrears or a future payment. 
 89.8      Sec. 12.  [517C.15] [BASIC SUPPORT.] 
 89.9      Subdivision 1.  [BASIC SUPPORT; SCHEDULE.] (a) Unless 
 89.10  otherwise agreed to by the parents and approved by the court, 
 89.11  the court must order that basic support be divided between the 
 89.12  parents based on their proportionate share of the parents' 
 89.13  combined monthly income, as determined under section 517C.12. 
 89.14     (b) For parents with a combined monthly income less than or 
 89.15  equal to 100 percent of the federal poverty guidelines amount 
 89.16  for two people, the commissioner of human services must 
 89.17  determine the percentages in this paragraph by taking two times 
 89.18  the minimum basic support amount under section 517C.18, 
 89.19  subdivision 2, divided by 100 percent of the federal poverty 
 89.20  guidelines amount for two people.  For all other parents, basic 
 89.21  support must be computed using the following schedule, prepared 
 89.22  based on 2001 United States Department of Agriculture 
 89.23  expenditure data: 
 89.24  Parents'               Number of Children
 89.25  Combined 
 89.26  Monthly 
 89.27  Income              One    Two   Three   Four   Five   Six
 89.28   
 89.29  Below $1,000       10.0%  16.1%  18.6%  21.6%  25.1%  29.1%
 89.30  $1,000 - $1,499    10.0%  16.1%  18.6%  21.6%  25.1%  29.1%
 89.31  $1,500 - $1,999    19.4%  31.3%  36.2%  42.0%  48.7%  56.5%
 89.32  $2,000 - $2,499    28.7%  46.3%  53.5%  62.1%  72.0%  83.5%
 89.33  $2,500 - $2,999    25.0%  40.3%  46.5%  53.9%  62.6%  72.6%
 89.34  $3,000 - $3,499    22.5%  36.3%  41.9%  48.6%  56.4%  65.4%
 89.35  $3,500 - $3,999    20.7%  33.4%  38.5%  44.7%  51.8%  60.1%
 89.36  $4,000 - $4,499    19.4%  31.2%  36.1%  41.9%  48.6%  56.3%
 89.37  $4,500 - $4,999    18.3%  29.6%  34.1%  39.6%  45.9%  53.2%
 90.1   $5,000 - $5,499    17.5%  28.2%  32.6%  37.8%  43.9%  50.9%
 90.2   $5,500 - $5,999    16.8%  27.1%  31.3%  36.3%  42.1%  48.9%
 90.3   $6,000 - $6,400    16.2%  26.2%  30.2%  35.0%  40.6%  47.1%
 90.4   $6,500 - $6,999    15.8%  25.4%  29.3%  34.0%  39.4%  45.7%
 90.5   $7,000 - $7,499    15.4%  24.8%  28.6%  33.2%  38.5%  44.6%
 90.6   $7,500 - $7,999    15.0%  24.2%  27.9%  32.4%  37.5%  43.5%
 90.7   $8,000 - $8,499    14.7%  23.7%  27.3%  31.7%  36.7%  42.6%
 90.8   $8,500 - $8,999    14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 90.9   $9,000 - $9,499    14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 90.10  $9,500 - $9,999    14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 90.11  $10,000 - $10,499  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 90.12  $10,500 - $10,999  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 90.13  $11,000 - $11,499  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 90.14  $11,500 - $11,999  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 90.15  $12,000 - $12,499  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 90.16  $12,500 - $12,999  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 90.17  $13,000 - $13,499  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 90.18  $13,500 - $13,999  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 90.19  $14,000 - $14,499  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 90.20  $14,500 - $14,999  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 90.21  $15,000 or
 90.22  the amount         14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 90.23  in effect
 90.24  under subd. 4
 90.25     (c) The commissioner of human services must compute and 
 90.26  publish a schedule of basic support amounts calculated using the 
 90.27  percentages in paragraph (b).  The schedule must show basic 
 90.28  support amounts for combined monthly income increments of not 
 90.29  more than $100.  The commissioner must determine the percentages 
 90.30  for each income increment by interpolating between the 
 90.31  percentages in paragraph (b).  The commissioner may disregard a 
 90.32  fractional part of a dollar unless it amounts to 50 cents or 
 90.33  more, in which case the commissioner may increase the amount by 
 90.34  $1. 
 90.35     Subd. 2.  [SEPARATE HOUSEHOLD ADJUSTMENT.] After 
 90.36  determining each parent's basic support under subdivision 1, the 
 90.37  court must reduce the basic support of each parent by 20 percent.
 91.1      Subd. 3.  [INCOME CAP ON DETERMINING BASIC SUPPORT.] (a) 
 91.2   The basic support obligation for parents with a combined monthly 
 91.3   income in excess of the income limit currently in effect under 
 91.4   subdivision 1 must be the same dollar amount as provided for 
 91.5   parties with a combined monthly income equal to the income limit 
 91.6   in effect under subdivision 1. 
 91.7      (b) A court may order a basic support obligation in a child 
 91.8   support order in an amount that exceeds the income limit in 
 91.9   subdivision 1 if it finds that a child has a disability or other 
 91.10  substantial, demonstrated need for the additional support and 
 91.11  that the additional support will directly benefit the child. 
 91.12     (c) The dollar amount for the cap in subdivision 1 must be 
 91.13  adjusted on July 1 of every even-numbered year to reflect 
 91.14  cost-of-living changes.  The supreme court must select the index 
 91.15  for the adjustment from the indices listed in section 517C.31.  
 91.16  The state court administrator must make the changes in the 
 91.17  dollar amounts required by this paragraph available to courts 
 91.18  and the public on or before April 30 of the year in which the 
 91.19  amount is to change. 
 91.20     Subd. 4.  [MORE THAN SIX CHILDREN.] If a child support 
 91.21  proceeding involves more than six children, the court may derive 
 91.22  a support order without specifically following the guidelines.  
 91.23  However, the court must consider the basic principles 
 91.24  encompassed by the guidelines and must consider both parents' 
 91.25  needs, resources, and circumstances. 
 91.26     Subd. 5.  [REPORT TO LEGISLATURE.] By January 15 each year, 
 91.27  the commissioner of human services must submit a report to the 
 91.28  legislature on the basic support schedule.  The report must 
 91.29  include the following: 
 91.30     (1) information on any changes to the United States 
 91.31  Department of Agriculture expenditure data used in constructing 
 91.32  the basic support schedule under subdivision 1; 
 91.33     (2) information on any new sources of economic data that 
 91.34  could be used to construct a basic support schedule; and 
 91.35     (3) a summary of any problems or concerns with implementing 
 91.36  or applying the basic support schedule, and recommendations on 
 92.1   how to resolve those problems or concerns. 
 92.2      Sec. 13.  [517C.16] [CHILD CARE SUPPORT.] 
 92.3      Subdivision 1.  [CHILD CARE COSTS.] Unless otherwise agreed 
 92.4   to by the parties and approved by the court, the court must 
 92.5   order that the child care costs be divided between the obligor 
 92.6   and obligee based on their proportionate share of the parties' 
 92.7   combined monthly income, as determined under section 517C.12. 
 92.8      Subd. 2.  [LOW-INCOME OBLIGOR.] (a) If the obligor's income 
 92.9   as determined under section 517C.12 meets the income eligibility 
 92.10  requirements for child care assistance under the basic sliding 
 92.11  fee program under chapter 119B, the court must order the obligor 
 92.12  to pay the lesser of the following amounts: 
 92.13     (1) the amount of the obligor's monthly co-payment for 
 92.14  child care assistance under the basic sliding fee schedule 
 92.15  established by the commissioner of children, families, and 
 92.16  learning under chapter 119B, based on an obligor's monthly gross 
 92.17  income as determined under section 517C.12 and the size of the 
 92.18  obligor's household.  For purposes of this subdivision, the 
 92.19  obligor's household includes the obligor and the number of 
 92.20  children for whom child support is being ordered; or 
 92.21     (2) the amount of the obligor's child care obligation under 
 92.22  subdivision 1. 
 92.23     (b) The commissioner of human services must publish a table 
 92.24  with the child care assistance basic sliding fee amounts and 
 92.25  update the table for changes to the basic sliding fee schedule 
 92.26  by July 1 of each year. 
 92.27     Subd. 3.  [DETERMINING COSTS.] (a) The court must require 
 92.28  verification of employment or school attendance and 
 92.29  documentation of child care expenses from the obligee and the 
 92.30  public authority, if applicable. 
 92.31     (b) If child care expenses fluctuate during the year 
 92.32  because of the obligee's seasonal employment or school 
 92.33  attendance or extended periods of parenting time with the 
 92.34  obligor, the court must determine child care expenses based on 
 92.35  an average monthly cost. 
 92.36     (c) The amount allocated for child care expenses is 
 93.1   considered child support but is not subject to a cost-of-living 
 93.2   adjustment under section 517C.31. 
 93.3      (d) The court may allow the parent with whom the child does 
 93.4   not reside to care for the child while the parent with whom the 
 93.5   child resides is working or attending school, as provided in 
 93.6   section 517B.25, subdivision 8.  Allowing the parent with whom 
 93.7   the child does not reside to care for the child under section 
 93.8   517B.25, subdivision 8, is not a reason to deviate from the 
 93.9   guidelines. 
 93.10     Subd. 4.  [CHANGE IN CHILD CARE.] (a) When a court order 
 93.11  provides for child care expenses and the public authority 
 93.12  provides child support enforcement services, the public 
 93.13  authority must suspend collecting the amount allocated for child 
 93.14  care expenses when:  (1) either party informs the public 
 93.15  authority that no child care costs are being incurred; and (2) 
 93.16  the public authority verifies the accuracy of the information.  
 93.17  The public authority will resume collecting child care expenses 
 93.18  when either party provides information that child care costs 
 93.19  have resumed. 
 93.20     (b) If the parties provide conflicting information to the 
 93.21  public authority regarding whether child care expenses are being 
 93.22  incurred, the public authority will continue or resume 
 93.23  collecting child care expenses.  Either party, by motion to the 
 93.24  court, may challenge the suspension or resumption of the 
 93.25  collection of child care expenses.  If the public authority 
 93.26  suspends collection activities for the amount allocated for 
 93.27  child care expenses, all other provisions of the court order 
 93.28  remain in effect. 
 93.29     (c) In cases where there is a substantial increase or 
 93.30  decrease in child care expenses, the parties may modify the 
 93.31  order under section 517C.31. 
 93.32     Sec. 14.  [517C.17] [MEDICAL SUPPORT.] 
 93.33     Subdivision 1.  [DEFINITIONS.] The definitions in this 
 93.34  subdivision apply to this chapter. 
 93.35     (a) "Health care coverage" means health care benefits that 
 93.36  are provided by a health plan. Health care coverage does not 
 94.1   include any form of medical assistance under chapter 256B or 
 94.2   MinnesotaCare under chapter 256L. 
 94.3      (b) "Health carrier" means a carrier as defined in sections 
 94.4   62A.011, subdivision 2, and 62L.02, subdivision 16. 
 94.5      (c) "Health plan" means a plan meeting the definition under 
 94.6   section 62A.011, subdivision 3, a group health plan governed 
 94.7   under the federal Employee Retirement Income Security Act of 
 94.8   1974 (ERISA), a self-insured plan under sections 43A.23 to 
 94.9   43A.317 and 471.617, or a policy, contract, or certificate 
 94.10  issued by a community-integrated service network licensed under 
 94.11  chapter 62N.  Health plan includes plans:  (1) provided on an 
 94.12  individual and group basis, (2) provided by an employer or 
 94.13  union, (3) purchased in the private market, and (4) available to 
 94.14  a person eligible to carry insurance for the child.  Health plan 
 94.15  includes a plan providing for dependent-only, dental, or vision 
 94.16  coverage and a plan provided through a party's spouse or parent. 
 94.17     (d) "Medical support" means providing health care coverage 
 94.18  for a child by carrying health care coverage for the child or by 
 94.19  contributing to the cost of health care coverage, public 
 94.20  coverage, unreimbursed medical expenses, and uninsured medical 
 94.21  expenses of the child. 
 94.22     (e) "National medical support notice" means an 
 94.23  administrative notice issued by the public authority to enforce 
 94.24  health insurance provisions of a support order in accordance 
 94.25  with Code of Federal Regulations, title 45, section 303.32, in 
 94.26  cases where the public authority provides support enforcement 
 94.27  services. 
 94.28     (f) "Public coverage" means health care benefits provided 
 94.29  by any form of medical assistance under chapter 256B or 
 94.30  MinnesotaCare under chapter 256L. 
 94.31     (g) "Uninsured medical expenses" means a child's reasonable 
 94.32  and necessary health-related expenses if the child is not 
 94.33  covered by a health plan or public coverage when the expenses 
 94.34  are incurred. 
 94.35     (h) "Unreimbursed medical expenses" means a child's 
 94.36  reasonable and necessary health-related expenses if a child is 
 95.1   covered by a health plan or public coverage and the plan or 
 95.2   coverage does not pay for the total cost of the expenses when 
 95.3   the expenses are incurred.  Unreimbursed medical expenses do not 
 95.4   include the cost of premiums.  Unreimbursed medical expenses 
 95.5   include, but are not limited to, deductibles, co-payments, and 
 95.6   expenses for orthodontia, prescription eyeglasses and contact 
 95.7   lenses, and over-the-counter medicine. 
 95.8      Subd. 2.  [ORDER.] (a) A completed national medical support 
 95.9   notice issued by the public authority or a court order that 
 95.10  complies with this section is a qualified medical child support 
 95.11  order under the federal Employee Retirement Income Security Act 
 95.12  of 1974 (ERISA), United States Code, title 29, section 1169(a). 
 95.13     (b) Every order addressing child support must state: 
 95.14     (1) the names, last known addresses, and social security 
 95.15  numbers of the parents and the child that is a subject of the 
 95.16  order unless the court prohibits the inclusion of an address or 
 95.17  social security number and orders the parents to provide the 
 95.18  address and social security number to the administrator of the 
 95.19  health plan; 
 95.20     (2) whether appropriate health care coverage for the child 
 95.21  is available and, if so, state: 
 95.22     (i) which party must carry health care coverage; 
 95.23     (ii) the cost of premiums and how the cost is allocated 
 95.24  between the parties; 
 95.25     (iii) how unreimbursed expenses will be allocated and 
 95.26  collected by the parties; and 
 95.27     (iv) the circumstances, if any, under which the obligation 
 95.28  to provide health care coverage for the child will shift from 
 95.29  one party to the other; 
 95.30     (3) if appropriate health care coverage is not available 
 95.31  for the child, whether a contribution for medical support is 
 95.32  required; and 
 95.33     (4) whether the amount ordered for medical support is 
 95.34  subject to a cost-of-living adjustment under section 517C.31. 
 95.35     Subd. 3.  [DETERMINING APPROPRIATE HEALTH CARE 
 95.36  COVERAGE.] (a) In determining whether a party has appropriate 
 96.1   health care coverage for the child, the court must evaluate the 
 96.2   health plan using the following factors: 
 96.3      (1) accessible coverage.  Dependent health care coverage is 
 96.4   accessible if the covered child can obtain services from a 
 96.5   health plan provider with reasonable effort by the parent with 
 96.6   whom the child resides.  Health care coverage is presumed 
 96.7   accessible if: 
 96.8      (i) primary care coverage is available within 30 minutes or 
 96.9   30 miles of the child's residence and specialty care coverage is 
 96.10  available within 60 minutes or 60 miles of the child's 
 96.11  residence; 
 96.12     (ii) the coverage is available through an employer and the 
 96.13  employee can be expected to remain employed for a reasonable 
 96.14  amount of time; and 
 96.15     (iii) no preexisting conditions exist to delay coverage 
 96.16  unduly; 
 96.17     (2) comprehensive coverage.  Dependent health care coverage 
 96.18  is comprehensive if it includes, at a minimum, medical and 
 96.19  hospital coverage and provides for preventive, emergency, acute, 
 96.20  and chronic care.  If both parties have health care coverage 
 96.21  that meets the minimum requirements, the court must determine 
 96.22  which health care coverage is more comprehensive by considering 
 96.23  whether the coverage includes: 
 96.24     (i) basic dental coverage; 
 96.25     (ii) orthodontia; 
 96.26     (iii) eyeglasses; 
 96.27     (iv) contact lenses; 
 96.28     (v) mental health services; or 
 96.29     (vi) substance abuse treatment; 
 96.30     (3) affordable coverage.  Dependent health care coverage is 
 96.31  affordable if a party's gross income is 150 percent of the 
 96.32  federal poverty guidelines or more and the party's contribution 
 96.33  to the health care coverage premium does not exceed five percent 
 96.34  of the party's gross income.  If a party's gross income is less 
 96.35  than 150 percent of the federal poverty guidelines, it is 
 96.36  presumed that the party is unable to contribute to the cost of 
 97.1   health care coverage unless health care is available at no or 
 97.2   low cost to that party; and 
 97.3      (4) the child's special medical needs, if any. 
 97.4      (b) If both parties have health care coverage available for 
 97.5   a child, and the court determines under paragraph (a), clauses 
 97.6   (1) and (2), that the available coverage is comparable with 
 97.7   regard to accessibility and comprehensiveness, the least costly 
 97.8   health care coverage is the appropriate health care coverage for 
 97.9   the child. 
 97.10     Subd. 4.  [ORDERING HEALTH CARE COVERAGE.] (a) If a child 
 97.11  is presently enrolled in health care coverage, the court must 
 97.12  order that the parent who currently has the child enrolled 
 97.13  continue that enrollment unless the parties agree otherwise or a 
 97.14  party requests a change in coverage and the court determines 
 97.15  that other health care coverage is more appropriate. 
 97.16     (b) If a child is not presently enrolled in health care 
 97.17  coverage, upon motion of a party or the public authority, the 
 97.18  court must determine whether one or both parties have 
 97.19  appropriate health care coverage for the child and order the 
 97.20  party with appropriate health care coverage available to carry 
 97.21  the coverage for the child. 
 97.22     (c) If only one party has appropriate health care coverage 
 97.23  available, the court must order that party to carry the coverage 
 97.24  for the child. 
 97.25     (d) If both parties have appropriate health care coverage 
 97.26  available, the court must order the parent with whom the child 
 97.27  resides to carry the coverage for the child, unless: 
 97.28     (1) either party expresses a preference for coverage 
 97.29  available through the parent with whom the child does not 
 97.30  reside; 
 97.31     (2) the parent with whom the child does not reside is 
 97.32  already carrying dependent health care coverage for other 
 97.33  children and the cost of contributing to the premiums of the 
 97.34  other parent's coverage would cause the parent with whom the 
 97.35  child does not reside extreme hardship; or 
 97.36     (3) the parents agree to provide coverage and agree on the 
 98.1   allocation of costs. 
 98.2      (e) If the exception in paragraph (d), clause (1) or (2) 
 98.3   applies, the court must determine which party has the most 
 98.4   appropriate coverage available and order that party to carry 
 98.5   coverage for the child.  If the court determines under 
 98.6   subdivision 3, paragraph (a), clauses (1) and (2), that the 
 98.7   parties' health care coverage for the child is comparable with 
 98.8   regard to accessibility and comprehensiveness, the court must 
 98.9   order the party with the least costly health care coverage to 
 98.10  carry coverage for the child. 
 98.11     (f) If neither party has appropriate health care coverage 
 98.12  available, the court must order the parent with whom the child 
 98.13  does not reside to contribute toward the cost of public coverage 
 98.14  for the child or the child's uninsured medical expenses in an 
 98.15  amount equal to the lesser of: 
 98.16     (1) five percent of gross income; or 
 98.17     (2) the monthly amount the parent with whom the child does 
 98.18  not reside would pay for the child's premiums if the parent's 
 98.19  income meets the eligibility requirements for public coverage.  
 98.20  For purposes of determining the premium amount, a parent's 
 98.21  household size is equal to the parent plus the child who is the 
 98.22  subject of the child support order.  The court may order the 
 98.23  parent with whom the child resides to apply for public coverage 
 98.24  for the child. 
 98.25     (g) The commissioner of human services must publish a table 
 98.26  with the premium schedule for public coverage and update the 
 98.27  chart for changes to the schedule by July 1 of each year. 
 98.28     Subd. 5.  [MEDICAL SUPPORT COSTS; UNREIMBURSED AND 
 98.29  UNINSURED MEDICAL EXPENSES.] (a) Unless otherwise agreed to by 
 98.30  the parties and approved by the court, the court must order that 
 98.31  the cost of health care coverage and all unreimbursed and 
 98.32  uninsured medical expenses be divided between the obligor and 
 98.33  obligee based on their proportionate share of the parties' 
 98.34  combined monthly income, as determined under section 517C.12. 
 98.35     (b) If a party owes a child support obligation for a child 
 98.36  and is ordered to carry health care coverage for the child, and 
 99.1   the other party is ordered to contribute to the carrying party's 
 99.2   cost for coverage, the carrying party's child support payment 
 99.3   must be reduced by the amount of the contributing party's 
 99.4   contribution. 
 99.5      (c) If a party owes a child support obligation for a child 
 99.6   and is ordered to contribute to the other party's cost for 
 99.7   carrying health care coverage for the child, the contributing 
 99.8   party's child support payment must be increased by the amount of 
 99.9   the contribution. 
 99.10     (d) If a party's obligation for health care coverage 
 99.11  premiums is greater than five percent of the party's gross 
 99.12  income, the court may order the other party to contribute more 
 99.13  for the cost of the premiums, if doing so would not result in 
 99.14  extreme hardship to that party.  If an additional contribution 
 99.15  causes a party extreme hardship, the court must order the 
 99.16  obligor to contribute the lesser of the two amounts under 
 99.17  subdivision 4, paragraph (f). 
 99.18     (e) If the party ordered to carry health care coverage for 
 99.19  the child already carries dependent health care coverage for 
 99.20  other dependents and would incur no additional premium costs to 
 99.21  add the child to the existing coverage, the court must not order 
 99.22  the other party to contribute to the premium costs for coverage 
 99.23  of the child. 
 99.24     (f) If a party ordered to carry health care coverage for 
 99.25  the child does not already carry dependent health care coverage 
 99.26  but has other dependents who may be added to the ordered 
 99.27  coverage, the full premium costs of the dependent health care 
 99.28  coverage must be allocated between the parties in proportion to 
 99.29  the party's share of the parties' combined income, unless the 
 99.30  parties agree otherwise. 
 99.31     (g) If a party ordered to carry health care coverage for 
 99.32  the child is required to enroll in a health plan so that the 
 99.33  child can be enrolled in dependent health care coverage under 
 99.34  the plan, the court must allocate the costs of the dependent 
 99.35  health care coverage between the parties.  The costs of the 
 99.36  health care coverage for the party ordered to carry the coverage 
100.1   for the child must not be allocated between the parties. 
100.2      Subd. 6.  [NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER, 
100.3   UNION, OR HEALTH CARRIER.] (a) The public authority must forward 
100.4   a copy of the national medical support notice or court order for 
100.5   health care coverage to the party's employer within two business 
100.6   days after the date the party is entered into the work reporting 
100.7   system under section 256.998. 
100.8      (b) The public authority or a party seeking to enforce an 
100.9   order for health care coverage must forward a copy of the 
100.10  national medical support notice or court order to the obligor's 
100.11  employer or union, or to the health carrier under the following 
100.12  circumstances: 
100.13     (1) the party ordered to carry health care coverage for the 
100.14  child fails to provide written proof to the other party or the 
100.15  public authority, within 30 days of the effective date of the 
100.16  court order, that the party has applied for health care coverage 
100.17  for the child; 
100.18     (2) the party seeking to enforce the order or the public 
100.19  authority gives written notice to the party ordered to carry 
100.20  health care coverage for the child of its intent to enforce 
100.21  medical support.  The party seeking to enforce the order or 
100.22  public authority must mail the written notice to the last known 
100.23  address of the party ordered to carry health care coverage for 
100.24  the child; and 
100.25     (3) the party ordered to carry health care coverage for the 
100.26  child fails, within 15 days after the date on which the written 
100.27  notice under clause (2) was mailed, to provide written proof to 
100.28  the other party or the public authority that the party has 
100.29  applied for health care coverage for the child. 
100.30     (c) The public authority is not required to forward a copy 
100.31  of the national medical support notice or court order to the 
100.32  obligor's employer or union, or to the health carrier, if the 
100.33  court orders health care coverage for the child that is not 
100.34  employer-based or union-based coverage. 
100.35     Subd. 7.  [EMPLOYER OR UNION REQUIREMENTS.] (a) An employer 
100.36  or union must forward the national medical support notice or 
101.1   court order to its health plan within 20 business days after the 
101.2   date on the national medical support notice or after receipt of 
101.3   the court order. 
101.4      (b) Upon determination by an employer's or union's health 
101.5   plan administrator that a child is eligible to be covered under 
101.6   the health plan, the employer or union and health plan must 
101.7   enroll the child as a beneficiary in the health plan, and the 
101.8   employer must withhold any required premiums from the income or 
101.9   wages of the party ordered to carry health care coverage for the 
101.10  child. 
101.11     (c) If enrollment of the party ordered to carry health care 
101.12  coverage for a child is necessary to obtain dependent health 
101.13  care coverage under the plan, and the party is not enrolled in 
101.14  the health plan, the employer or union must enroll the party in 
101.15  the plan. 
101.16     (d) Enrollment of dependents and, if necessary, the party 
101.17  ordered to carry health care coverage for the child must be 
101.18  immediate and not dependent upon open enrollment periods. 
101.19  Enrollment is not subject to the underwriting policies under 
101.20  section 62A.048. 
101.21     (e) Failure of the party ordered to carry health care 
101.22  coverage for the child to execute any documents necessary to 
101.23  enroll the dependent in the health plan does not affect the 
101.24  obligation of the employer or union and health plan to enroll 
101.25  the dependent in a plan.  Information and authorization provided 
101.26  by the public authority, or by a party or guardian, is valid for 
101.27  the purposes of meeting enrollment requirements of the health 
101.28  plan. 
101.29     (f) An employer or union that is included under the federal 
101.30  Employee Retirement Income Security Act of 1974 (ERISA), United 
101.31  States Code, title 29, section 1169(a), may not deny enrollment 
101.32  to the child or to the parent if necessary to enroll the child 
101.33  based on exclusionary clauses described in section 62A.048. 
101.34     (g) A new employer or union of a party who is ordered to 
101.35  provide health care coverage for a child must enroll the child 
101.36  in the party's health plan as required by a national medical 
102.1   support notice or court order. 
102.2      Subd. 8.  [HEALTH PLAN REQUIREMENTS.] (a) If a health plan 
102.3   administrator receives a completed national medical support 
102.4   notice or court order, the plan administrator must notify the 
102.5   parties, and the public authority if the public authority 
102.6   provides support enforcement services, within 40 business days 
102.7   after the date of the notice or after receipt of the court 
102.8   order, of the following: 
102.9      (1) whether coverage is available to the child under the 
102.10  terms of the health plan and, if not, the reason why coverage is 
102.11  not available; 
102.12     (2) whether the child is covered under the health plan; 
102.13     (3) the effective date of the child's coverage under the 
102.14  health plan; and 
102.15     (4) what steps, if any, are required to effectuate the 
102.16  child's coverage under the health plan. 
102.17     (b) If the employer or union offers more than one plan and 
102.18  the national medical support notice or court order does not 
102.19  specify the plan to be carried, the plan administrator must 
102.20  notify the parents and the public authority if the public 
102.21  authority provides support enforcement services.  When there is 
102.22  more than one option available under the plan, the public 
102.23  authority, in consultation with the parent with whom the child 
102.24  resides, must promptly select from available plan options. 
102.25     (c) The plan administrator must provide the parents and 
102.26  public authority, if the public authority provides support 
102.27  enforcement services, with a notice of the child's enrollment, 
102.28  description of the coverage, and any documents necessary to 
102.29  effectuate coverage. 
102.30     (d) The health plan must send copies of all correspondence 
102.31  regarding the health care coverage to the parents. 
102.32     (e) An insured child's parent's signature is a valid 
102.33  authorization to a health plan for purposes of processing an 
102.34  insurance reimbursement payment to the medical services provider 
102.35  or to the parent, if medical services have been prepaid by that 
102.36  parent. 
103.1      Subd. 9.  [EMPLOYER OR UNION LIABILITY.] (a) An employer or 
103.2   union that willfully fails to comply with the order or notice is 
103.3   liable for any uninsured medical expenses incurred by the 
103.4   dependents while the dependents were eligible to be enrolled in 
103.5   the health plan and for any other premium costs incurred because 
103.6   the employer or union willfully failed to comply with the order 
103.7   or notice. 
103.8      (b) An employer or union that fails to comply with the 
103.9   order or notice is subject to a contempt finding, a $250 civil 
103.10  penalty under section 517C.57, and is subject to a civil penalty 
103.11  of $500 to be paid to the party entitled to reimbursement or the 
103.12  public authority.  Penalties paid to the public authority are 
103.13  designated for child support enforcement services. 
103.14     Subd. 10.  [CONTESTING ENROLLMENT.] (a) A party may contest 
103.15  a child's enrollment in a health plan on the limited grounds 
103.16  that the enrollment is improper due to mistake of fact or that 
103.17  the enrollment meets the requirements of section 517C.26. 
103.18     (b) If the party chooses to contest the enrollment, the 
103.19  party must do so no later than 15 days after the employer 
103.20  notifies the party of the enrollment by doing the following: 
103.21     (1) filing a motion in district court or according to 
103.22  section 484.702 and the expedited child support process rules if 
103.23  the public authority provides support enforcement services; 
103.24     (2) serving the motion on the other party and public 
103.25  authority if the public authority provides support enforcement 
103.26  services; and 
103.27     (3) securing a date for the matter to be heard no later 
103.28  than 45 days after the notice of enrollment. 
103.29     (c) The enrollment must remain in place while the party 
103.30  contests the enrollment. 
103.31     Subd. 11.  [DISENROLLMENT; CONTINUATION OF COVERAGE; 
103.32  COVERAGE OPTIONS.] (a) Unless a court order provides otherwise, 
103.33  a child for whom a party is required to provide health care 
103.34  coverage under this section must be covered as a dependent of 
103.35  the party until the child is emancipated, until further order of 
103.36  the court, or as consistent with the terms of the coverage. 
104.1      (b) The health carrier, employer, or union may not 
104.2   disenroll or eliminate coverage for the child unless: 
104.3      (1) the health carrier, employer, or union is provided 
104.4   satisfactory written evidence that the court order is no longer 
104.5   in effect; 
104.6      (2) the child is or will be enrolled in comparable health 
104.7   care coverage through another health plan that will take effect 
104.8   no later than the effective date of the disenrollment; 
104.9      (3) the employee is no longer eligible for dependent 
104.10  coverage; or 
104.11     (4) the required premium has not been paid by or on behalf 
104.12  of the child. 
104.13     (c) The health plan must provide 30 days' written notice to 
104.14  the child's parents, and the public authority if the public 
104.15  authority provides support enforcement services, before the 
104.16  health plan disenrolls or eliminates the child's coverage. 
104.17     (d) A child enrolled in health care coverage under a 
104.18  qualified medical child support order, including a national 
104.19  medical support notice, under this section is a dependent and a 
104.20  qualified beneficiary under the Consolidated Omnibus Budget and 
104.21  Reconciliation Act of 1985 (COBRA), Public Law 99-272.  Upon 
104.22  expiration of the order, the child is entitled to the 
104.23  opportunity to elect continued coverage that is available under 
104.24  the health plan.  The employer or union must provide notice to 
104.25  the parties and the public authority, if it provides support 
104.26  services, within ten days of the termination date. 
104.27     (e) If the public authority provides support enforcement 
104.28  services and a plan administrator reports to the public 
104.29  authority that there is more than one coverage option available 
104.30  under the health plan, the public authority, in consultation 
104.31  with the parent with whom the child resides, must promptly 
104.32  select coverage from the available options. 
104.33     Subd. 12.  [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court 
104.34  must require the parent with whom the child does not reside to 
104.35  provide dependent health care coverage for the benefit of the 
104.36  parent with whom the child resides if the parent is ordered to 
105.1   provide dependent health care coverage for the parties' child 
105.2   and adding the other parent to the coverage results in no 
105.3   additional premium cost. 
105.4      Subd. 13.  [DISCLOSURE OF INFORMATION.] (a) If the public 
105.5   authority provides support enforcement services, the parties 
105.6   must provide the public authority with the following information:
105.7      (1) information relating to dependent health care coverage 
105.8   or public coverage available for the benefit of the child for 
105.9   whom support is sought, including all information required to be 
105.10  included in a medical support order under this section; 
105.11     (2) verification that application for court-ordered health 
105.12  care coverage was made within 30 days of the court's order; and 
105.13     (3) the reason that a child is not enrolled in 
105.14  court-ordered health care coverage, if a child is not enrolled 
105.15  in coverage or subsequently loses coverage. 
105.16     (b) Upon request from the public authority under section 
105.17  256.978, an employer, union, or plan administrator, including an 
105.18  employer subject to the federal Employee Retirement Income 
105.19  Security Act of 1974 (ERISA), United States Code, title 29, 
105.20  section 1169(a), must provide the public authority the following 
105.21  information: 
105.22     (1) information relating to dependent health care coverage 
105.23  available to a party for the benefit of the child for whom 
105.24  support is sought, including all information required to be 
105.25  included in a medical support order under this section; and 
105.26     (2) information that will enable the public authority to 
105.27  determine whether a health plan is appropriate for a child, 
105.28  including, but not limited to, all available plan options, any 
105.29  geographic service restrictions, and the location of service 
105.30  providers. 
105.31     (c) The employer, union, or plan administrator must not 
105.32  release information regarding one party to the other party.  The 
105.33  employer, union, or plan administrator must provide both parties 
105.34  with insurance identification cards and all necessary written 
105.35  information to enable the parties to utilize the insurance 
105.36  benefits for the covered dependent. 
106.1      (d) The public authority is authorized to release to a 
106.2   party's employer, union, or health plan information necessary to 
106.3   verify availability of dependent health care coverage, or to 
106.4   establish, modify, or enforce medical support. 
106.5      (e) An employee must disclose to an employer if medical 
106.6   support is required to be withheld under this section and the 
106.7   employer must begin withholding according to the terms of the 
106.8   order and under section 517C.52.  If an employee discloses an 
106.9   obligation to obtain health care coverage and coverage is 
106.10  available through the employer, the employer must make all 
106.11  application processes known to the individual and enroll the 
106.12  employee and dependent in the plan. 
106.13     Subd. 14.  [CHILD SUPPORT ENFORCEMENT SERVICES.] The public 
106.14  authority must take necessary steps to establish and enforce an 
106.15  order for medical support if the child receives public 
106.16  assistance or a party completes an application for services from 
106.17  the public authority under section 517C.38, subdivision 2. 
106.18     Subd. 15.  [ENFORCEMENT.] (a) Remedies available for 
106.19  collecting and enforcing child support apply to medical support. 
106.20     (b) For the purpose of enforcement, the following are 
106.21  additional support: 
106.22     (1) the costs of individual or group health or 
106.23  hospitalization coverage; 
106.24     (2) dental coverage; 
106.25     (3) medical costs ordered by the court to be paid by either 
106.26  party, including health and dental insurance premiums paid by 
106.27  the obligee because of the obligor's failure to obtain coverage 
106.28  as ordered; and 
106.29     (4) liabilities established under this subdivision. 
106.30     (c) A party who fails to carry court-ordered dependent 
106.31  health care coverage is liable for the child's uninsured medical 
106.32  expenses unless a court order provides otherwise.  A party's 
106.33  failure to carry court-ordered coverage, or to provide other 
106.34  medical support as ordered, is a basis for modification of a 
106.35  support order under section 517C.28. 
106.36     (d) Payments by the health carrier or employer for services 
107.1   rendered to the dependents that are directed to a party not owed 
107.2   reimbursement must be endorsed over to and forwarded to the 
107.3   vendor or appropriate party or the public authority.  A party 
107.4   retaining insurance reimbursement not owed to the party is 
107.5   liable for the amount of the reimbursement. 
107.6      Subd. 16.  [INCOME WITHHOLDING; OFFSET.] (a) If a party 
107.7   owes no child support obligation for a child and is an obligor 
107.8   ordered to contribute to the other party's cost for carrying 
107.9   health care coverage for the child, the obligor is subject to an 
107.10  offset under subdivision 5 or income withholding under section 
107.11  517C.52. 
107.12     (b) If a party's court-ordered health care coverage for the 
107.13  child terminates and the child is not enrolled in other health 
107.14  care coverage or public coverage, and a modification motion is 
107.15  not pending, the public authority may remove the offset to a 
107.16  party's child support obligation or terminate income withholding 
107.17  instituted against a party under section 517C.52.  The public 
107.18  authority must provide notice to the parties of the action. 
107.19     (c) A party may contest the public authority's action to 
107.20  remove the offset to the child support obligation or terminate 
107.21  income withholding if the party makes a written request for a 
107.22  hearing within 30 days after receiving written notice.  If a 
107.23  party makes a timely request for a hearing, the public authority 
107.24  must schedule a hearing and send written notice of the hearing 
107.25  to the parties by mail to the parties' last known addresses at 
107.26  least 14 days before the hearing.  The hearing must be conducted 
107.27  in district court or in the expedited child support process if 
107.28  section 484.702 applies.  The district court or child support 
107.29  magistrate must determine whether removing the offset or 
107.30  terminating income withholding is appropriate and, if 
107.31  appropriate, the effective date for the removal or termination. 
107.32     (d) If the party does not request a hearing, the district 
107.33  court or child support magistrate must order the offset or 
107.34  income withholding termination effective the first day of the 
107.35  month following termination of the child's health care coverage. 
107.36     Subd. 17.  [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL 
108.1   EXPENSES.] (a) A party must initiate a request for reimbursement 
108.2   of unreimbursed and uninsured medical expenses within two years 
108.3   of the date that the party incurred the unreimbursed or 
108.4   uninsured medical expenses.  The time period in this paragraph 
108.5   does not apply if the location of the other party is unknown. 
108.6      (b) A party seeking reimbursement of unreimbursed and 
108.7   uninsured medical expenses must mail a written notice of intent 
108.8   to collect the expenses and a copy of an affidavit of health 
108.9   care expenses to the other party at the other party's last known 
108.10  address. 
108.11     (c) The written notice must include a statement that the 
108.12  party has 30 days from the date the notice was mailed to (1) pay 
108.13  in full; (2) enter a payment agreement; or (3) file a motion 
108.14  requesting a hearing contesting the matter.  If the public 
108.15  authority provides support enforcement services, the written 
108.16  notice also must include a statement that the requesting party 
108.17  must submit the amount due to the public authority for 
108.18  collection. 
108.19     (d) The affidavit of health care expenses must itemize and 
108.20  document the child's unreimbursed or uninsured medical expenses 
108.21  and include copies of all bills, receipts, and insurance company 
108.22  explanations of benefits. 
108.23     (e) If the public authority provides support enforcement 
108.24  services, the party seeking reimbursement must send to the 
108.25  public authority a copy of the written notice, the original 
108.26  affidavit, and copies of all bills, receipts, and insurance 
108.27  company explanations of benefits. 
108.28     (f) If the party does not respond to the request for 
108.29  reimbursement within 30 days, the party seeking reimbursement or 
108.30  public authority, if the public authority provides support 
108.31  enforcement services, must commence an enforcement action 
108.32  against the party under subdivision 18. 
108.33     (g) The public authority must serve the other party with a 
108.34  notice of intent to enforce unreimbursed and uninsured medical 
108.35  expenses and file an affidavit of service by mail with the 
108.36  district court administrator.  The notice must state that, 
109.1   unless the party (1) pays in full; (2) enters into a payment 
109.2   agreement; or (3) files a motion contesting the matter within 14 
109.3   days of service of the notice, the public authority will 
109.4   commence enforcement of the expenses as medical support arrears 
109.5   under subdivision 18. 
109.6      (h) If the party files a timely motion for a hearing 
109.7   contesting the requested reimbursement, the contesting party 
109.8   must schedule a hearing in district court or in the expedited 
109.9   child support process if section 484.702 applies.  The 
109.10  contesting party must provide the party seeking reimbursement 
109.11  and the public authority, if the public authority provides 
109.12  support enforcement services, with written notice of the hearing 
109.13  at least 14 days before the hearing by mailing notice of the 
109.14  hearing to the public authority and the party at the party's 
109.15  last known address.  The party seeking reimbursement must file 
109.16  the original affidavit of health care expenses with the court at 
109.17  least five days before the hearing.  Based upon the evidence 
109.18  presented, the district court or child support magistrate must 
109.19  determine liability for the expenses and order that the liable 
109.20  party is subject to enforcement of the expenses as medical 
109.21  support arrears under subdivision 18. 
109.22     Subd. 18.  [ENFORCING AN ORDER FOR MEDICAL SUPPORT 
109.23  ARREARS.] (a) If a party liable for unreimbursed and uninsured 
109.24  medical expenses owes a child support obligation to the party 
109.25  seeking reimbursement of the expenses, the expenses must be 
109.26  collected as medical support arrears. 
109.27     (b) If a party liable for unreimbursed and uninsured 
109.28  medical expenses does not owe a child support obligation to the 
109.29  party seeking reimbursement, and the party seeking reimbursement 
109.30  owes the liable party basic support arrears, the liable party's 
109.31  medical support arrears must be deducted from the amount of the 
109.32  basic support arrears.  
109.33     (c) If a liable party owes medical support arrears after 
109.34  deducting the amount owed from the amount of the child support 
109.35  arrears owed by the party seeking reimbursement, it must be 
109.36  collected as follows: 
110.1      (1) if the party seeking reimbursement owes a child support 
110.2   obligation to the liable party, the child support obligation 
110.3   must be reduced by 20 percent until the medical support arrears 
110.4   are satisfied; 
110.5      (2) if the party seeking reimbursement does not owe a child 
110.6   support obligation to the liable party, the liable party's 
110.7   income must be subject to income withholding under section 
110.8   517C.52 for an amount required under section 517C.71 until the 
110.9   medical support arrears are satisfied; or 
110.10     (3) if the party seeking reimbursement does not owe a child 
110.11  support obligation, and income withholding under section 517C.52 
110.12  is not available, payment of the medical support arrears must be 
110.13  required under a payment agreement under section 517C.71. 
110.14     (d) If a liable party fails to enter into or comply with a 
110.15  payment agreement, the party seeking reimbursement or the public 
110.16  authority, if it provides support enforcement services, may 
110.17  schedule a hearing to have a court order payment.  The party 
110.18  seeking reimbursement or the public authority must provide the 
110.19  liable party with written notice of the hearing at least 14 days 
110.20  before the hearing. 
110.21     Sec. 15.  [517C.18] [SELF-SUPPORT ADJUSTMENT.] 
110.22     Subdivision 1.  [ADJUSTMENT.] (a) If the sum of the 
110.23  obligor's basic support, child care support, and medical support 
110.24  obligation leaves the obligor with remaining income in an amount 
110.25  less than 120 percent of the federal poverty guidelines for one 
110.26  person, the court must reduce the obligor's child support 
110.27  obligation by an amount equal to the lesser of:  (1) the 
110.28  difference between the obligor's remaining income and 120 
110.29  percent of the federal poverty guidelines amount; or (2) the 
110.30  obligor's total child support obligation.  If the self-support 
110.31  adjustment results in an order amount less than $50 per month 
110.32  for one or two children or $75 per month for three or more 
110.33  children, the court must order basic support under subdivision 2.
110.34     (b) The court must apply the reduction to the obligor's 
110.35  child support obligation in the following order: 
110.36     (1) medical support obligation; 
111.1      (2) child care support obligation; and 
111.2      (3) basic support obligation. 
111.3      Subd. 2.  [MINIMUM BASIC SUPPORT AMOUNT.] (a) If the 
111.4   reduction under subdivision 1 equals the sum of the obligor's 
111.5   basic support, child care support, and medical support 
111.6   obligation, the court must order support as follows: 
111.7      (1) for one or two children, the obligor's basic support 
111.8   obligation is $50 per month; or 
111.9      (2) for three or more children, the obligor's basic support 
111.10  obligation is $75 per month. 
111.11     (b) If the court orders the obligor to pay the minimum 
111.12  basic support amount under this subdivision, the obligor is 
111.13  presumed unable to pay child care support and medical support. 
111.14     (c) If the court finds that an obligor receives no income 
111.15  and completely lacks the ability to earn income, the minimum 
111.16  basic support amount under this subdivision does not apply. 
111.17     Sec. 16.  [517C.19] [WORKSHEET.] 
111.18     The commissioner of human services must create and publish 
111.19  a worksheet to assist in calculating child support under 
111.20  sections 517C.12 to 517C.18.  The worksheet must not impose 
111.21  substantive requirements other than requirements contained in 
111.22  sections 517C.12 to 517C.18.  The commissioner must update the 
111.23  worksheet by July 1 of each year.  The commissioner must make an 
111.24  interactive version of the worksheet available on the department 
111.25  of human services Web site. 
111.26     Sec. 17.  [517C.20] [DEVIATIONS.] 
111.27     Subdivision 1.  [GENERAL FACTORS.] In addition to the child 
111.28  support guidelines, the court must take into consideration the 
111.29  following factors in setting or modifying child support or in 
111.30  determining whether to deviate from the guidelines: 
111.31     (1) all earnings, income, and resources of the parents, 
111.32  including real and personal property, but excluding income from 
111.33  excess employment of the obligor or obligee that meets the 
111.34  criteria of section 517C.12, subdivision 6; 
111.35     (2) the financial needs and resources, physical and 
111.36  emotional condition, and educational needs of the child to be 
112.1   supported; 
112.2      (3) the standard of living the child would have enjoyed had 
112.3   the marriage not been dissolved, but recognizing that the 
112.4   parents now have separate households; 
112.5      (4) which parent receives the income taxation dependency 
112.6   exemption and the financial benefit the parent receives from it; 
112.7      (5) the parents' debts as provided in subdivision 2; and 
112.8      (6) the obligor's receipt of public assistance under the 
112.9   AFDC program formerly codified under sections 256.72 to 256.82 
112.10  or 256B.01 to 256B.40 and chapter 256J or 256K.  
112.11     Subd. 2.  [DEBT OWED TO PRIVATE CREDITORS.] (a) In 
112.12  establishing or modifying a support obligation, the court may 
112.13  consider debts owed to private creditors, but only if: 
112.14     (1) the right to support has not been assigned under 
112.15  section 256.741; 
112.16     (2) the court determines that the debt was reasonably 
112.17  incurred for necessary support of the child or parent or for the 
112.18  necessary generation of income.  If the debt was incurred for 
112.19  the necessary generation of income, the court may consider only 
112.20  the amount of debt that is essential to the continuing 
112.21  generation of income; and 
112.22     (3) the party requesting a departure produces a sworn 
112.23  schedule of the debts, with supporting documentation, showing 
112.24  goods or services purchased, the recipient of them, the original 
112.25  debt amount, the outstanding balance, the monthly payment, and 
112.26  the number of months until the debt will be fully paid. 
112.27     (b) A schedule prepared under paragraph (a), clause (3), 
112.28  must contain a statement that the debt will be fully paid after 
112.29  the number of months shown in the schedule, barring emergencies 
112.30  beyond the party's control. 
112.31     (c) Any further departure below the guidelines that is 
112.32  based on a consideration of debts owed to private creditors must 
112.33  not exceed 18 months in duration.  After 18 months the support 
112.34  must increase automatically to the level ordered by the court.  
112.35  This section does not prohibit one or more step increases in 
112.36  support to reflect debt retirement during the 18-month period. 
113.1      (d) If payment of debt is ordered pursuant to this section, 
113.2   the payment must be ordered to be in the nature of child support.
113.3      Subd. 3.  [EVIDENCE.] The court may receive evidence on the 
113.4   factors in this section to determine if the guidelines should be 
113.5   exceeded or modified in a particular case. 
113.6      Subd. 4.  [NO DEVIATION WHEN PAYMENTS ARE ASSIGNED TO THE 
113.7   PUBLIC AUTHORITY EXCEPT FOR EXTREME HARDSHIP.] If the child 
113.8   support payments are assigned to the public authority under 
113.9   section 256.741, the court may not deviate downward from the 
113.10  child support guidelines unless the court specifically finds 
113.11  that the failure to deviate downward would impose an extreme 
113.12  hardship on the obligor. 
113.13     Subd. 5.  [NO DEPARTURE BASED ON JOINT LEGAL CUSTODY.] An 
113.14  award of joint legal custody is not a reason for departure from 
113.15  the guidelines. 
113.16     Sec. 18.  [517C.21] [WRITTEN FINDINGS.] 
113.17     Subdivision 1.  [NO DEVIATION.] If the court does not 
113.18  deviate from the guidelines, the court must make written 
113.19  findings concerning the amount of the parties' income used as 
113.20  the basis for the guidelines calculation and any other 
113.21  significant evidentiary factors affecting the child support 
113.22  determination. 
113.23     Subd. 2.  [DEVIATION.] (a) If the court deviates from the 
113.24  guidelines, the court must make written findings giving the 
113.25  amount of support calculated under the guidelines, the reasons 
113.26  for the deviation, and must specifically address the criteria in 
113.27  section 517C.20 and how the deviation serves the best interests 
113.28  of the child. 
113.29     (b) The court may deviate from the guidelines if both 
113.30  parties agree and the court makes written findings that it is in 
113.31  the best interests of the child, except that in cases where 
113.32  child support payments are assigned to the public authority 
113.33  under section 256.741, the court may deviate downward only as 
113.34  provided in section 517C.20, subdivision 4.  Nothing in this 
113.35  section prohibits the court from deviating in other cases. 
113.36     Subd. 3.  [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 
114.1   provisions of this section apply whether or not the parties are 
114.2   each represented by independent counsel and have entered into a 
114.3   written agreement.  The court must review stipulations presented 
114.4   to it for conformity to the guidelines.  The court is not 
114.5   required to conduct a hearing, but the parties must provide the 
114.6   documentation of earnings required under section 517C.10. 
114.7      Sec. 19.  [517C.22] [GUIDELINES REVIEW.] 
114.8      No later than 2006 and every four years after that, the 
114.9   department of human services must conduct a review of the child 
114.10  support guidelines. 
114.11     Sec. 20.  [517C.23] [EDUCATION TRUST FUND.] 
114.12     The parties may agree to designate a sum of money above 
114.13  court-ordered child support as a trust fund for the costs of 
114.14  postsecondary education. 
114.15     Sec. 21.  [517C.25] [MODIFICATION; GENERAL.] 
114.16     Subdivision 1.  [AUTHORITY.] After a child support order is 
114.17  established, the court may, on motion of a party or the public 
114.18  authority, modify the order respecting the amount and payment of 
114.19  support.  The court may make an order respecting any matters it 
114.20  had authority to address in the original proceeding, except as 
114.21  otherwise provided in section 517C.29.  A party or the public 
114.22  authority also may make a motion for contempt of court if the 
114.23  obligor is in arrears in support payments. 
114.24     Subd. 2.  [GUIDELINES REMAIN APPLICABLE.] On a motion for 
114.25  modification of support, the guidelines in this chapter remain 
114.26  applicable. 
114.27     Subd. 3.  [EVIDENTIARY HEARING NOT REQUIRED.] The court 
114.28  need not hold an evidentiary hearing on a motion for child 
114.29  support modification. 
114.30     Subd. 4.  [FORM.] The state court administrator must 
114.31  prepare and make available to courts, obligors, and obligees a 
114.32  form to be submitted in support of a motion for a child support 
114.33  modification or for contempt of court. 
114.34     Sec. 22.  [517C.26] [REOPENING AN ORDER.] 
114.35     Subdivision 1.  [FACTORS.] Upon a party's motion, the court 
114.36  may rescind a child support order or judgment and may order a 
115.1   new trial or grant other relief as may be just for the following 
115.2   reasons: 
115.3      (1) mistake, inadvertence, surprise, or excusable neglect; 
115.4      (2) newly discovered evidence that could not have been 
115.5   discovered by due diligence in time to move for a new trial 
115.6   under the rules of civil procedure; 
115.7      (3) fraud, whether denominated intrinsic or extrinsic, 
115.8   misrepresentation, or other misconduct of an adverse party; 
115.9      (4) the judgment or order is void; 
115.10     (5) the judgment has been satisfied, released, or 
115.11  discharged; 
115.12     (6) the judgment is based on a prior order that has been 
115.13  reversed or otherwise vacated; or 
115.14     (7) it is no longer equitable that the order should have 
115.15  prospective application. 
115.16     Subd. 2.  [PROCEDURE; EFFECT.] A party's motion must be 
115.17  made within a reasonable time, and, for a reason under 
115.18  subdivision 1, clause (1), (2), or (3), not more than one year 
115.19  after the judgment and decree, order, or proceeding was entered 
115.20  or taken.  A motion under this section does not affect the 
115.21  finality of an order or suspend its operation.  This section 
115.22  does not limit the power of a court to entertain an independent 
115.23  action to relieve a party from an order or proceeding or to 
115.24  grant relief to a party not actually personally notified as 
115.25  provided in the Minnesota Rules of Civil Procedure, or to set 
115.26  aside a judgment for fraud upon the court. 
115.27     Sec. 23.  [517C.27] [CHANGE IN CUSTODY OR PARENTING TIME.] 
115.28     Subdivision 1.  [OFFICIAL CHANGE IN CUSTODY; CHILD SUPPORT 
115.29  SUSPENDED.] If an obligee has been granted sole physical custody 
115.30  of a child, the child subsequently lives with the obligor, and 
115.31  temporary sole physical custody has been approved by the court 
115.32  or by a court-appointed referee, the court may suspend the 
115.33  obligor's child support obligation pending the final custody 
115.34  determination.  The court's order denying the suspension of 
115.35  child support must include a written explanation of the reasons 
115.36  why continuation of the child support obligation would be in the 
116.1   best interests of the child. 
116.2      Subd. 2.  [UNOFFICIAL CHANGE IN CUSTODY; CHILD SUPPORT 
116.3   OBLIGATION SATISFIED.] The court may conclude that an obligor 
116.4   has satisfied a child support obligation by providing a home, 
116.5   care, and support for the child while the child is living with 
116.6   the obligor, if the court finds that the child was integrated 
116.7   into the family of the obligor with the consent of the obligee 
116.8   and child support payments were not assigned to the public 
116.9   authority. 
116.10     Subd. 3.  [30-DAY CHANGE; CHILD SUPPORT REDUCED.] A support 
116.11  order issued under this chapter may provide that, during any 
116.12  period of time of 30 consecutive days or longer that the child 
116.13  is residing with the obligor, the support amount otherwise due 
116.14  under the order may be reduced. 
116.15     Sec. 24.  [517C.28] [SUBSTANTIAL CHANGE IN CIRCUMSTANCES, 
116.16  EARNINGS, OR NEEDS.] 
116.17     Subdivision 1.  [FACTORS.] (a) A court may modify the terms 
116.18  of a child support order upon a showing of one or more of the 
116.19  following: 
116.20     (1) substantially increased or decreased earnings of a 
116.21  party; 
116.22     (2) substantially increased or decreased need of a party or 
116.23  the child that is the subject of these proceedings; 
116.24     (3) receipt of assistance under the AFDC program formerly 
116.25  codified under sections 256.72 to 256.87 or 256B.01 to 256B.40 
116.26  or chapter 256J or 256K; 
116.27     (4) a change in the cost of living for either party, as 
116.28  measured by the federal Bureau of Labor Statistics, that makes 
116.29  the terms unreasonable and unfair; 
116.30     (5) extraordinary medical expenses of the child not 
116.31  provided for under section 517C.17; 
116.32     (6) the addition of the obligee's work-related or 
116.33  education-related child care expenses or a substantial increase 
116.34  or decrease in existing work-related or education-related child 
116.35  care expenses; or 
116.36     (7) upon the emancipation of a child if there is still a 
117.1   child under the order.  A child support obligation for two or 
117.2   more children that is not a support obligation in a specific 
117.3   amount per child continues in the full amount until modified or 
117.4   until the emancipation of the last child for whose benefit the 
117.5   order was made. 
117.6      (b) Implementation of this chapter is not a basis for 
117.7   modification unless the requirements under this section are met. 
117.8      Subd. 2.  [PRESUMPTIONS.] It is presumed that there has 
117.9   been a substantial change in circumstances under subdivision 1 
117.10  and the terms of a current support order are rebuttably presumed 
117.11  to be unreasonable and unfair if: 
117.12     (1) when applied to the parties' current circumstances, the 
117.13  presumptive child support amount derived under this chapter is 
117.14  at least 20 percent and at least $50 per month higher or lower 
117.15  than the current support order; 
117.16     (2) the medical support provisions of the order established 
117.17  under section 517C.17 are not enforceable by the public 
117.18  authority or the obligee; 
117.19     (3) health insurance coverage ordered under section 517C.17 
117.20  is not available to the child for whom the order is established 
117.21  by the parent ordered to provide it; or 
117.22     (4) the existing support obligation is in the form of a 
117.23  statement of percentage and not a specific dollar amount. 
117.24     Sec. 25.  [517C.29] [MODIFICATION EFFECTIVE DATE.] 
117.25     Subdivision 1.  [DATE OF MOTION DETERMINATIVE.] A court may 
117.26  make a modification of support, including interest that accrued 
117.27  pursuant to section 548.091, effective no sooner than the date 
117.28  of service of notice of the motion for modification on the 
117.29  responding parties. 
117.30     Subd. 2.  [RETROACTIVE MODIFICATION PERMITTED ONLY IN 
117.31  LIMITED CIRCUMSTANCES.] Notwithstanding subdivision 1, a court 
117.32  may apply a modification to an earlier period if the court makes 
117.33  express findings that: 
117.34     (1) the party seeking modification was precluded from 
117.35  serving a motion by reason of a significant physical or mental 
117.36  disability, a material misrepresentation of another party, or 
118.1   fraud upon the court; and the party seeking modification, when 
118.2   no longer precluded, promptly served a motion; 
118.3      (2) the party seeking modification was a recipient of 
118.4   federal Supplemental Security Income (SSI), Title II Older 
118.5   Americans Insurance, Survivor's Disability Insurance (OASDI), 
118.6   other disability benefits, or public assistance based upon need 
118.7   during the period for which retroactive modification is sought; 
118.8      (3) the order the party seeks to amend was entered by 
118.9   default, the party shows good cause for not appearing, and the 
118.10  record contains no factual evidence, or clearly erroneous 
118.11  evidence, regarding the obligor's ability to pay; or 
118.12     (4) the party seeking modification was institutionalized or 
118.13  incarcerated for an offense other than nonsupport of a child 
118.14  during the period for which retroactive modification is sought 
118.15  and lacked the financial ability to pay the support ordered 
118.16  during that time period.  In determining whether to allow the 
118.17  retroactive modification, the court must consider whether and 
118.18  when a request was made to the public authority for support 
118.19  modification. 
118.20     Subd. 3.  [CHILD CARE EXCEPTION.] The court may provide 
118.21  that a reduction in the amount allocated for child care expenses 
118.22  based on a substantial decrease in the expenses is effective as 
118.23  of the date the expenses decreased. 
118.24     Sec. 26.  [517C.30] [TERMINATION OF CHILD SUPPORT.] 
118.25     Subdivision 1.  [DEATH OF OBLIGOR.] Unless otherwise agreed 
118.26  in writing or expressly provided in the order, provisions for a 
118.27  child's support are not terminated by the death of a parent 
118.28  obligated to support the child.  When a parent obligated to pay 
118.29  support dies, the amount of support may be modified, revoked, or 
118.30  commuted to a lump-sum payment, to the extent just and 
118.31  appropriate in the circumstances. 
118.32     Subd. 2.  [AUTOMATIC TERMINATION.] (a) Unless a court order 
118.33  provides otherwise, a child support obligation in a specific 
118.34  amount per child terminates automatically and without any action 
118.35  by the obligor to reduce, modify, or terminate the order upon 
118.36  the child's emancipation. 
119.1      (b) A child support obligation for two or more children 
119.2   that is not a support obligation in a specific amount per child 
119.3   continues in the full amount until the emancipation of the last 
119.4   child for whose benefit the order was made, or until further 
119.5   order of the court. 
119.6      (c) The obligor may request a modification of the obligor's 
119.7   child support order upon a child's emancipation if there are 
119.8   still minor children under the order.  The court must determine 
119.9   the child support obligation based on the parties' income at the 
119.10  time the modification is sought. 
119.11     Sec. 27.  [517C.31] [COST-OF-LIVING ADJUSTMENTS.] 
119.12     Subdivision 1.  [GENERAL.] An order establishing, 
119.13  modifying, or enforcing child support must provide for a 
119.14  biennial adjustment in the amount to be paid based on a change 
119.15  in the cost of living.  Cost-of-living adjustments are 
119.16  compounded. 
119.17     Subd. 2.  [WAIVER.] A court may waive the requirement of 
119.18  the cost-of-living clause if it expressly finds that the 
119.19  obligor's occupation or income, or both, does not provide for 
119.20  cost-of-living adjustment or that the order for child support 
119.21  has a provision such as a step increase that has the effect of a 
119.22  cost-of-living clause. 
119.23     Subd. 3.  [INDEX; AMOUNT.] (a) The court must specify the 
119.24  cost-of-living index to be applied in an order that provides for 
119.25  a cost-of-living adjustment.  The court may use the Consumer 
119.26  Price Index for All Urban Consumers, Minneapolis-St. Paul 
119.27  (CPI-U), the Consumer Price Index for Wage Earners and Clerical, 
119.28  Minneapolis-St. Paul (CPI-W), or another cost-of-living index 
119.29  published by the department of labor that the court specifically 
119.30  finds is more appropriate. 
119.31     (b) The court may increase the amount by more than the 
119.32  cost-of-living adjustment by agreement of the parties or by 
119.33  making further findings. 
119.34     Subd. 4.  [EFFECTIVE DATE.] If payment is made to the 
119.35  public authority, an adjustment is effective on May 1 of the 
119.36  year it is made.  If payment is not made to the public 
120.1   authority, an adjustment may be made in any month but no 
120.2   adjustment may be made sooner than two years after the date of 
120.3   the dissolution decree.  A support order must specify the 
120.4   effective date of cost-of-living adjustments. 
120.5      Subd. 5.  [NOTICE.] A cost-of-living adjustment may not be 
120.6   made unless: 
120.7      (1) the support order requires it; and 
120.8      (2) the obligee or public authority notifies the obligor of 
120.9   the adjustment by mail at the obligor's last known address at 
120.10  least 20 days before the effective date of the adjustment.  The 
120.11  notice must inform the obligor of the effective date of the 
120.12  adjustment, the right to contest the adjustment, and the 
120.13  procedures to contest the adjustment. 
120.14     Subd. 6.  [PROCEDURE FOR CONTESTING ADJUSTMENT.] (a) To 
120.15  contest a cost-of-living adjustment initiated by the public 
120.16  authority or an obligee who has applied for or is receiving 
120.17  child support collection services from the public authority, 
120.18  other than income withholding-only services, the obligor must: 
120.19     (1) file a motion contesting the cost-of-living adjustment 
120.20  with the court administrator; and 
120.21     (2) serve the motion by first-class mail on the public 
120.22  authority and the obligee. 
120.23  The obligor must file and serve the motion before the effective 
120.24  date of the adjustment.  The hearing must take place in the 
120.25  expedited child support process under section 484.702. 
120.26     (b) To contest a cost-of-living adjustment initiated by an 
120.27  obligee who is not receiving child support collection services 
120.28  from the public authority, or for an obligee who receives income 
120.29  withholding-only services from the public authority, the obligor 
120.30  must: 
120.31     (1) file a motion contesting the cost-of-living adjustment 
120.32  with the court administrator; and 
120.33     (2) serve the motion by first-class mail on the obligee. 
120.34  The obligor must file and serve the motion before the effective 
120.35  date of the adjustment.  The hearing must take place in district 
120.36  court. 
121.1      (c) Upon receipt of a motion contesting the cost-of-living 
121.2   adjustment, the public authority or court must stay the 
121.3   cost-of-living adjustment pending further order of the court. 
121.4      Subd. 7.  [HEARING.] (a) At a hearing under this section, 
121.5   if the obligor establishes an insufficient increase in income to 
121.6   fulfill the adjusted child support obligation, the district 
121.7   court or child support magistrate may direct that all or part of 
121.8   the adjustment not take effect. 
121.9      (b) At a hearing under this section, if the obligor does 
121.10  not establish an insufficient increase in income, the adjustment 
121.11  must take effect as of the date originally specified in the 
121.12  support order. 
121.13     Subd. 8.  [FORM.] The state court administrator must 
121.14  prepare and make available to the court and obligors a pro se 
121.15  motion form to be submitted in support of a request for a 
121.16  hearing under this section. 
121.17     Subd. 9.  [RULES.] The commissioner of human services may 
121.18  promulgate rules for child support adjustments under this 
121.19  section in accordance with the rulemaking provisions of chapter 
121.20  14. 
121.21     Sec. 28.  [517C.35] [ASSIGNMENT.] 
121.22     Subdivision 1.  [GENERAL.] The court must direct that all 
121.23  payments ordered for support be made to the public authority if 
121.24  the obligee is receiving or has applied for public assistance.  
121.25  Amounts received by the public authority greater than the amount 
121.26  granted to the obligee must be remitted to the obligee pursuant 
121.27  to federal requirements. 
121.28     Subd. 2.  [JUDGMENTS.] The court administrator must enter 
121.29  and docket a judgment obtained by operation of law under section 
121.30  548.091, subdivision 1, in the name of the public authority to 
121.31  the extent that the obligation has been assigned.  When arrears 
121.32  are reduced to judgment and section 548.091 is not applicable, 
121.33  the court must grant judgment in favor of, and in the name of, 
121.34  the public authority to the extent that the arrears are 
121.35  assigned.  The public authority must file notice of an 
121.36  assignment with the court administrator, who must enter the 
122.1   notice in the docket.  The public authority may then enforce a 
122.2   judgment entered before the assignment of rights as if the 
122.3   judgment were granted to it, and in its name, to the extent that 
122.4   the arrears in that judgment are assigned. 
122.5      Subd. 3.  [PROPERTY LIEN.] The court may make any child 
122.6   support order a lien or charge upon the obligor's property, 
122.7   either at the time of the entry of the judgment or by subsequent 
122.8   order upon proper application. 
122.9      Sec. 29.  [517C.36] [PARTY STATUS.] 
122.10     Subdivision 1.  [OBLIGEE RECEIVES PUBLIC ASSISTANCE; PUBLIC 
122.11  AUTHORITY IS A PARTY.] The public authority is joined as a party 
122.12  and is a real party in interest if the obligee is receiving, or 
122.13  subsequently applies for, public assistance and rights are 
122.14  assigned under section 256.741, subdivision 2. 
122.15     Subd. 2.  [NO PUBLIC ASSISTANCE; APPLICATION FOR SERVICES.] 
122.16  If the obligee is not receiving public assistance, but has 
122.17  applied for child support collection services, the public 
122.18  authority has a pecuniary interest, as well as an interest in 
122.19  the welfare of a child.  The public authority may intervene as a 
122.20  matter of right in those cases to ensure that child support 
122.21  orders are obtained, enforced, and provide for an appropriate 
122.22  and accurate level of child, medical, and child care support.  
122.23  If the public authority participates in a case where the action 
122.24  taken by the public authority requires the use of an attorney's 
122.25  services, the public authority must be represented by an 
122.26  attorney consistent with the provisions in section 517C.37. 
122.27     Sec. 30.  [517C.37] [ROLE OF THE PUBLIC AUTHORITY.] 
122.28     Subdivision 1.  [PUBLIC AUTHORITY DOES NOT REPRESENT 
122.29  OBLIGOR OR OBLIGEE.] The provision of services under the child 
122.30  support enforcement program that includes services by an 
122.31  attorney or an attorney's representative employed by, under 
122.32  contract to, or representing the public authority does not 
122.33  create an attorney-client relationship with any party other than 
122.34  the public authority.  Attorneys employed by or under contract 
122.35  with the public authority have an affirmative duty to inform 
122.36  applicants and recipients of services under the child support 
123.1   enforcement program that no attorney-client relationship exists 
123.2   between the attorney and the applicant or recipient.  This 
123.3   section applies to all legal services provided by the child 
123.4   support enforcement program. 
123.5      Subd. 2.  [WRITTEN NOTICE.] The public authority must 
123.6   provide written notice to an applicant or recipient of services 
123.7   that: 
123.8      (1) no attorney-client relationship exists between the 
123.9   attorney and the applicant or recipient; 
123.10     (2) the rights of the individual as a subject of data are 
123.11  controlled by section 13.04, subdivision 2; and 
123.12     (3) the individual has a right to have an attorney 
123.13  represent the individual.  
123.14     Subd. 3.  [POWER TO REPRESENT OTHER PUBLIC 
123.15  AUTHORITIES.] The public authority may act on behalf of a public 
123.16  authority from another jurisdiction.  This includes the 
123.17  authority to represent the legal interests of, or execute 
123.18  documents on behalf of, the other public authority in connection 
123.19  with the establishment, enforcement, and collection of child 
123.20  support and collection on judgments. 
123.21     Sec. 31.  [517C.38] [SERVICE FEES.] 
123.22     Subdivision 1.  [OBLIGOR FEE.] When the public authority 
123.23  provides child support collection services either to a public 
123.24  assistance recipient or to a party who does not receive public 
123.25  assistance, the public authority may upon written notice to the 
123.26  obligor charge a monthly collection fee equivalent to the full 
123.27  monthly cost to the county of providing collection services, in 
123.28  addition to the amount of the child support ordered by the 
123.29  court.  The public authority must deposit the fee in the county 
123.30  general fund.  The service fee assessed is limited to ten 
123.31  percent of the monthly court-ordered child support and must not 
123.32  be assessed to obligors who are current in payment of the 
123.33  monthly court-ordered child support. 
123.34     Subd. 2.  [OBLIGEE FEE.] A $25 application fee must be paid 
123.35  by the person who applies for child support and maintenance 
123.36  collection services, except persons who are receiving public 
124.1   assistance as defined in section 256.741, persons who transfer 
124.2   from public assistance to nonpublic assistance status, and minor 
124.3   parents and parents enrolled in a public secondary school, area 
124.4   learning center, or alternative learning program approved by the 
124.5   commissioner of children, families, and learning. 
124.6      Subd. 3.  [TAX INTERCEPT FEES.] Fees assessed by state and 
124.7   federal tax agencies for collection of overdue support owed to 
124.8   or on behalf of a person not receiving public assistance must be 
124.9   imposed on the person for whom these services are provided.  The 
124.10  public authority upon written notice to the obligee must assess 
124.11  a fee of $25 to the person not receiving public assistance for 
124.12  each successful federal tax interception.  The public authority 
124.13  must withhold the fee before the release of the funds received 
124.14  from each interception and must deposit the fee in the general 
124.15  fund. 
124.16     Subd. 4.  [COMPLIANCE WITH FEDERAL LAW.] The limitations of 
124.17  this section on the assessment of fees do not apply to the 
124.18  extent they are inconsistent with the requirements of federal 
124.19  law for receiving funds for the programs under Title IV-A and 
124.20  Title IV-D of the Social Security Act, United States Code, title 
124.21  42, sections 601 to 613 and 651 to 662. 
124.22     Sec. 32.  [517C.39] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 
124.23  SUPPORT AND PARENTAGE ORDERS.] 
124.24     The public authority may use the provisions of sections 
124.25  517C.40 to 517C.44 when support rights are assigned under 
124.26  section 256.741, subdivision 2, or when the public authority is 
124.27  providing services under an application for child support 
124.28  collection services. 
124.29     Sec. 33.  [517C.40] [NONATTORNEY EMPLOYEE DUTIES.] 
124.30     Subdivision 1.  [DUTIES PERFORMED UNDER SUPERVISION OF 
124.31  COUNTY ATTORNEY.] (a) The county attorney must review and 
124.32  approve as to form and content all pleadings and other legal 
124.33  documents prepared by nonattorney employees of the public 
124.34  authority for use in the expedited child support process. 
124.35     (b) Under the direction of, and in consultation with, the 
124.36  county attorney, nonattorney employees of the public authority 
125.1   may perform the following legal duties: 
125.2      (1) meet and confer with parties by mail, telephone, 
125.3   electronic, or other means regarding legal issues; 
125.4      (2) explain to parties the purpose, procedure, and function 
125.5   of the expedited child support process and the role and 
125.6   authority of nonattorney employees of the public authority 
125.7   regarding legal issues; 
125.8      (3) prepare pleadings, including, but not limited to, 
125.9   summonses and complaints, notices, motions, subpoenas, orders to 
125.10  show cause, proposed orders, administrative orders, and 
125.11  stipulations and agreements; 
125.12     (4) issue administrative subpoenas; 
125.13     (5) prepare judicial notices; 
125.14     (6) negotiate settlement agreements; 
125.15     (7) attend and participate as a witness in hearings and 
125.16  other proceedings and, if requested by the child support 
125.17  magistrate, present evidence, agreements and stipulations of the 
125.18  parties, and any other information deemed appropriate by the 
125.19  magistrate; 
125.20     (8) participate in other activities and perform other 
125.21  duties delegated by the county attorney; and 
125.22     (9) exercise other powers and perform other duties as 
125.23  permitted by statute or court rule. 
125.24     Subd. 2.  [DUTIES PERFORMED WITHOUT DIRECTION FROM COUNTY 
125.25  ATTORNEY.] Nonattorney employees of the public authority may 
125.26  perform the following duties without direction from the county 
125.27  attorney: 
125.28     (1) gather information on behalf of the public authority; 
125.29     (2) prepare financial worksheets; 
125.30     (3) obtain income information from the department of 
125.31  economic security and other sources; 
125.32     (4) serve documents on parties; 
125.33     (5) file documents with the court; 
125.34     (6) meet and confer with parties by mail, telephone, 
125.35  electronic, or other means regarding nonlegal issues; 
125.36     (7) explain to parties the purpose, procedure, and function 
126.1   of the expedited child support process and the role and 
126.2   authority of nonattorney employees of the public authority 
126.3   regarding nonlegal issues; and 
126.4      (8) perform other routine nonlegal duties as assigned. 
126.5      Subd. 3.  [PRACTICE OF LAW.] Performance of the duties 
126.6   prescribed in subdivisions 1 and 2 by nonattorney employees of 
126.7   the public authority does not constitute the unauthorized 
126.8   practice of law for purposes of section 481.02. 
126.9      Sec. 34.  [517C.41] [PLEADINGS; CASE INFORMATION SHEET.] 
126.10     Subdivision 1.  [PLEADINGS.] In cases involving 
126.11  establishment or modification of a child support order, the 
126.12  initiating party must include the following information, if 
126.13  known, in the pleadings: 
126.14     (1) the parties' names, addresses, and dates of birth; 
126.15     (2) social security numbers of the parties and the parties' 
126.16  minor children.  This information is considered private 
126.17  information and is available only to the parties, the court, and 
126.18  the public authority; 
126.19     (3) number of members in each party's household and 
126.20  dependents of the parties; 
126.21     (4) the parties' other support obligations; 
126.22     (5) names and addresses of the parties' employers; 
126.23     (6) the parties' income as defined in section 517C.12; 
126.24     (7) amounts and sources of the parties' other earnings and 
126.25  income; 
126.26     (8) the parties' health insurance coverage; 
126.27     (9) types and amounts of public assistance the parties 
126.28  receive, including Minnesota family investment program, child 
126.29  care assistance, medical assistance, MinnesotaCare, title IV-E 
126.30  foster care, or other form of assistance as defined in section 
126.31  256.741, subdivision 1; and 
126.32     (10) any other information relevant to the determination of 
126.33  child support under this chapter. 
126.34     Subd. 2.  [CASE INFORMATION SHEET.] For all matters 
126.35  scheduled in the expedited process, the nonattorney employee of 
126.36  the public authority must file with the court and serve on the 
127.1   parties the following information: 
127.2      (1) income information available to the public authority 
127.3   from the department of economic security; 
127.4      (2) a statement of the monthly amount of child support, 
127.5   child care, medical support, and arrears currently being charged 
127.6   the parties in Minnesota IV-D cases; 
127.7      (3) a statement of the types and amount of any public 
127.8   assistance, as defined in section 256.741, subdivision 1, 
127.9   received by the parties; and 
127.10     (4) any other information relevant to determining support 
127.11  that is known to the public authority and that the parties have 
127.12  not otherwise provided. 
127.13     Subd. 3.  [FILING INFORMATION.] The public authority must 
127.14  file the case information with the district court or child 
127.15  support magistrate at least five days before a hearing involving 
127.16  child support, medical support, or child care reimbursement 
127.17  issues. 
127.18     Sec. 35.  [517C.42] [NONCONTESTED MATTERS.] 
127.19     Under the direction of the county attorney and based on 
127.20  agreement of the parties, nonattorney employees of the public 
127.21  authority may prepare a stipulation, findings of fact, 
127.22  conclusions of law, and proposed order.  The county attorney 
127.23  must approve and sign the documents as to form and content 
127.24  before the nonattorney employees submit the documents to the 
127.25  district court or child support magistrate for approval. 
127.26     Sec. 36.  [517C.43] [ADMINISTRATIVE AUTHORITY; PARENTAGE; 
127.27  SUPPORT.] 
127.28     Subdivision 1.  [POWERS.] The public authority may take the 
127.29  following actions relating to establishing paternity or to 
127.30  establishing, modifying, or enforcing support orders, without 
127.31  the necessity of obtaining an order from a judicial or 
127.32  administrative tribunal: 
127.33     (1) recognize and enforce orders of child support agencies 
127.34  of other states; 
127.35     (2) upon request for genetic testing by a child, parent, or 
127.36  an alleged parent, and using the procedure in subdivision 2, 
128.1   order the child, parent, or alleged parent to submit to blood or 
128.2   genetic testing for the purpose of establishing paternity; 
128.3      (3) subpoena financial or other information needed to 
128.4   establish, modify, or enforce a child support order and sanction 
128.5   a party for failure to respond to a subpoena; 
128.6      (4) upon notice to the obligor, obligee, and the 
128.7   appropriate court, direct the obligor or other payor to change 
128.8   the payee to the central collections unit under section 517C.50; 
128.9      (5) order income withholding of child support under section 
128.10  517C.52 and sanction an employer or payor of funds under section 
128.11  393.07, subdivision 9a, for failing to comply with an income 
128.12  withholding notice; 
128.13     (6) secure assets to satisfy a support debt or arrears by: 
128.14     (i) intercepting or seizing periodic or lump-sum payments 
128.15  from state or local agencies, including unemployment insurance 
128.16  benefits, workers' compensation payments, judgments, 
128.17  settlements, lotteries, and other lump-sum payments; 
128.18     (ii) attaching and seizing the obligor's assets held in 
128.19  financial institutions or public or private retirement funds; 
128.20  and 
128.21     (iii) imposing liens in accordance with section 548.091, 
128.22  and, in appropriate cases, forcing the sale of property and the 
128.23  distribution of proceeds; 
128.24     (7) for the purpose of securing overdue support, increase 
128.25  the amount of the monthly support payments by an additional 
128.26  amount equal to 20 percent of the monthly support payment to 
128.27  include amounts for debts or arrears; and 
128.28     (8) subpoena an employer or payor of funds to provide 
128.29  promptly information on the employment, compensation, and 
128.30  benefits of an individual employed by that employer as an 
128.31  employee or contractor, and sanction an employer or payor of 
128.32  funds under section 393.07, subdivision 9a, for failure to 
128.33  respond to the subpoena as provided by law. 
128.34     Subd. 2.  [GENETIC TESTING.] (a) A child, parent, or 
128.35  alleged parent who requests genetic testing must support the 
128.36  request with a sworn statement that: 
129.1      (1) alleges paternity and sets forth facts establishing a 
129.2   reasonable possibility of the requisite sexual contact between 
129.3   the parties; or 
129.4      (2) denies paternity and sets forth facts establishing a 
129.5   reasonable possibility of the nonexistence of sexual contact 
129.6   between the alleged parties. 
129.7      (b) The order for genetic tests may be served anywhere 
129.8   within the state and served outside the state in the same manner 
129.9   as prescribed by law for service of subpoenas issued by the 
129.10  district court of this state. 
129.11     (c) If the child, parent, or alleged parent fails to comply 
129.12  with the genetic testing order, the public authority may seek to 
129.13  enforce that order in district court through a motion to compel 
129.14  testing. 
129.15     (d) No results obtained through genetic testing done in 
129.16  response to an order issued under this section may be used in a 
129.17  criminal proceeding. 
129.18     Subd. 3.  [SUBPOENAS.] (a) Subpoenas may be served anywhere 
129.19  within the state and served outside the state in the same manner 
129.20  as prescribed by law for service of process of subpoenas issued 
129.21  by the district court of this state.  When a subpoena under this 
129.22  subdivision is served on a third-party record keeper, written 
129.23  notice of the subpoena must be mailed to the person who is the 
129.24  subject of the subpoenaed material at the person's last known 
129.25  address within three days of the day the subpoena is served.  
129.26  This notice provision does not apply if there is reasonable 
129.27  cause to believe the giving of the notice may lead to 
129.28  interference with the production of the subpoenaed documents.  
129.29     (b) A person served with a subpoena may make a written 
129.30  objection to the public authority or court before the time 
129.31  specified in the subpoena for compliance.  The public authority 
129.32  or the court may cancel or modify the subpoena, if appropriate.  
129.33  The public authority must pay the reasonable costs of producing 
129.34  the documents, if requested.  
129.35     (c) Subpoenas are enforceable in the same manner as 
129.36  subpoenas of the district court.  Upon motion of the county 
130.1   attorney, the court may issue an order directing the production 
130.2   of the records.  A person who fails to comply with the court 
130.3   order may be subject to civil or criminal contempt of court.  
130.4      Subd. 4.  [DUE PROCESS.] The administrative actions under 
130.5   this section are subject to due process safeguards, including 
130.6   requirements for notice, opportunity to contest the action, and 
130.7   opportunity to appeal the order to a judge, judicial officer, or 
130.8   child support magistrate. 
130.9      Sec. 37.  [517C.44] [SHARING OF INFORMATION; DATA.] 
130.10     Subdivision 1.  [GENERAL.] The public authority may share 
130.11  available and relevant information on the parties in order to 
130.12  perform its duties under sections 517C.40 to 517C.43 or under 
130.13  supreme court rules governing the expedited child support 
130.14  hearing process under section 484.702, subject to the 
130.15  limitations of subdivision 3, section 256.87, subdivision 8, and 
130.16  section 257.70. 
130.17     Subd. 2.  [DATA DISCLOSED TO AN ATTORNEY OF THE PUBLIC 
130.18  AUTHORITY.] (a) Data disclosed by an applicant for, or recipient 
130.19  of, child support services to an attorney employed by, or under 
130.20  contract with, the public authority is private data on an 
130.21  individual.  However, the data may be disclosed under sections 
130.22  13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and 
130.23  517C.11, subdivision 3, in order to obtain, modify, or enforce 
130.24  child support, medical support, and parentage determinations. 
130.25     (b) An attorney employed by, or under contract with, the 
130.26  public authority may disclose additional information received 
130.27  from an applicant for, or recipient of, services for other 
130.28  purposes with the consent of the individual applicant for, or 
130.29  recipient of, child support services. 
130.30     Subd. 3.  [PROHIBITED DISCLOSURE.] In all proceedings under 
130.31  this chapter and chapter 517A in which public assistance is 
130.32  assigned under section 256.741, or the public authority provides 
130.33  services to a party or parties to the proceedings, 
130.34  notwithstanding statutory or other authorization for the public 
130.35  authority to release private data on the location of a party to 
130.36  the action, the public authority may not release information on 
131.1   the location of one party to the other party if: 
131.2      (1) the public authority has knowledge that a protective 
131.3   order with respect to the other party has been entered; or 
131.4      (2) the public authority has reason to believe that the 
131.5   release of the information may result in physical or emotional 
131.6   harm to the other party. 
131.7      Sec. 38.  [517C.45] [SUFFICIENCY OF NOTICE.] 
131.8      Automated child support notices sent by the public 
131.9   authority which do not require service are sufficient notice 
131.10  when issued and mailed by first class mail to the person's last 
131.11  known address. 
131.12     Sec. 39.  [517C.50] [CHILD SUPPORT PAYMENT CENTER; CENTRAL 
131.13  COLLECTIONS UNIT.] 
131.14     Subdivision 1.  [CREATION.] (a) The commissioner of human 
131.15  services must create and maintain a central collections unit to 
131.16  receive, process, and disburse payments, and to maintain a 
131.17  record of payments in all cases when: 
131.18     (1) the public authority is a party; 
131.19     (2) the public authority provides child support enforcement 
131.20  services to a party; or 
131.21     (3) payment is collected through income withholding. 
131.22     (b) The commissioner may contract for services to carry out 
131.23  these provisions if the commissioner first meets and negotiates 
131.24  with the affected exclusive representatives. 
131.25     Subd. 2.  [CREDITOR COLLECTIONS.] The central collections 
131.26  unit under this section is not a third party under chapters 550, 
131.27  552, and 571 for purposes of creditor collection efforts against 
131.28  child support and maintenance order obligors or obligees, and is 
131.29  not subject to creditor levy, attachment, or garnishment. 
131.30     Subd. 3.  [CREDIT FOR PAYMENT.] Payments made to the public 
131.31  authority that are not collected through income withholding must 
131.32  be credited as of the date the payment is received by the 
131.33  central collections unit. 
131.34     Sec. 40.  [517C.51] [MANDATORY PAYMENT OF OBLIGATIONS TO 
131.35  CENTRAL COLLECTIONS UNIT.] 
131.36     Subdivision 1.  [GENERAL.] All payments described in 
132.1   section 517C.50 must be made to the central collections unit. 
132.2      Subd. 2.  [LOCAL PAYMENT; TRANSMITTAL.] Each local child 
132.3   support agency must provide a location within the agency to 
132.4   receive payments.  When the local agency receives a payment it 
132.5   must transmit the funds to the central collections unit within 
132.6   one working day of receipt of the payment. 
132.7      Subd. 3.  [INCENTIVES.] Notwithstanding a rule to the 
132.8   contrary, incentives must be paid to the county providing 
132.9   services and maintaining the case to which the payment is 
132.10  applied.  Incentive payments awarded for the collection of child 
132.11  support must be based solely upon payments processed by the 
132.12  central collections unit.  Incentive payments received by the 
132.13  county under this subdivision must be used for county child 
132.14  support collection efforts. 
132.15     Subd. 4.  [ELECTRONIC FUNDS TRANSFER.] The central 
132.16  collections unit is authorized to engage in the electronic 
132.17  transfer of funds for the receipt and disbursement of funds. 
132.18     Subd. 5.  [REQUIRED CONTENT OF ORDER.] A tribunal issuing 
132.19  an order that establishes or modifies a payment must issue an 
132.20  income withholding order in conformity with section 517C.52.  
132.21  The automatic income withholding order must include the 
132.22  obligor's name, the obligor's social security number, the 
132.23  obligor's date of birth, and the name and address of the 
132.24  obligor's employer.  The street mailing address and the 
132.25  electronic mail address for the central collections unit must be 
132.26  included in each automatic income withholding order issued by a 
132.27  tribunal. 
132.28     Subd. 6.  [TRANSMITTAL OF ORDER TO THE PUBLIC AUTHORITY BY 
132.29  THE TRIBUNAL.] The tribunal must transmit a copy of the order 
132.30  establishing or modifying the payment, and a copy of the 
132.31  automatic income withholding order, to the local child support 
132.32  agency within two working days of the approval of the order by 
132.33  the judge or child support magistrate or other person or entity 
132.34  authorized to sign the automatic withholding order. 
132.35     Subd. 7.  [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 
132.36  OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 
133.1   payor of funds must identify the obligor on the check or 
133.2   remittance by name, payor number, and social security number, 
133.3   and must comply with section 517C.52. 
133.4      Subd. 8.  [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 
133.5   FUNDS.] A notice may be directed to a person or entity 
133.6   submitting a check drawn on insufficient funds stating that 
133.7   future payments must be made by cash or certified funds.  The 
133.8   central collections unit and the public authority may refuse a 
133.9   check from a person or entity that has been given notice that 
133.10  payments must be in cash or certified funds. 
133.11     Subd. 9.  [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 
133.12  record of payments maintained by the central collections unit is 
133.13  admissible evidence in all tribunals as proof of payments made 
133.14  through the central collections unit without the need of 
133.15  testimony to prove authenticity. 
133.16     Subd. 10.  [TRANSITION PROVISIONS.] (a) The commissioner of 
133.17  human services must develop a plan for the implementation of the 
133.18  central collections unit.  The plan must require that payments 
133.19  be redirected to the central collections unit.  Payments may be 
133.20  redirected in groups according to county of origin, county of 
133.21  payment, method of payment, type of case, or any other 
133.22  distinguishing factor designated by the commissioner. 
133.23     (b) Notice that payments must be made to the central 
133.24  collections unit must be provided to the obligor and to the 
133.25  payor of funds within 30 days before payments are redirected to 
133.26  the central collections unit.  After the notice has been 
133.27  provided to the obligor or payor of funds, mailed payments 
133.28  received by the local child support agency must be forwarded to 
133.29  the central collections unit.  A notice must be sent to the 
133.30  obligor or payor of funds stating that payment application may 
133.31  be delayed and must provide directions to submit future payments 
133.32  to the central collections unit. 
133.33     Subd. 11.  [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 
133.34  commissioner of human services may establish a revolving account 
133.35  to cover funds issued in error due to insufficient funds or 
133.36  other reasons.  The commissioner must deposit appropriations for 
134.1   this purpose and all recoupments against payments from the 
134.2   account in the collections unit's recoupment account.  The 
134.3   recoupments are appropriated to the commissioner.  An unexpended 
134.4   balance in the account does not cancel, but is available until 
134.5   expended. 
134.6      Subd. 12.  [UNCLAIMED SUPPORT FUNDS.] (a) If the public 
134.7   authority cannot disburse support payments to an obligee because 
134.8   the obligee cannot be located, the public authority must 
134.9   continue its efforts to locate the obligee for one year from the 
134.10  date it determines that it cannot locate the obligee. 
134.11     (b) If the public authority is unable to locate the obligee 
134.12  after one year, the public authority must mail a written notice 
134.13  to the obligee at the obligee's last known address giving the 
134.14  obligee 60 days to contact the public authority. 
134.15     (c) If the obligee does not contact the public authority 
134.16  within 60 days from the date of notice, the public authority 
134.17  must: 
134.18     (1) close the nonpublic assistance portion of the case; 
134.19     (2) disburse unclaimed support funds to pay public 
134.20  assistance arrears.  If public assistance arrears remain after 
134.21  disbursing the unclaimed support funds, the public authority may 
134.22  continue to enforce and collect child support until all public 
134.23  assistance arrears have been paid.  If there are not public 
134.24  assistance arrears, or unclaimed support funds remain after the 
134.25  public assistance arrears have been paid, the public authority 
134.26  must return the remaining unclaimed support funds to the 
134.27  obligor; and 
134.28     (3) when all public assistance arrears have been paid to 
134.29  the public authority, mail a written notice of termination of 
134.30  income withholding and case closure to the obligor at the 
134.31  obligor's last known address.  The notice must indicate that the 
134.32  obligor's support obligation will remain in effect until further 
134.33  order of the court and that the obligor may contact the public 
134.34  authority for assistance to modify the order.  The public 
134.35  authority must include a copy of the form prepared by the state 
134.36  court administrator's office under section 517C.25, subdivision 
135.1   4, with the notice.  
135.2      (d) If the public authority cannot locate the obligor to 
135.3   return unclaimed support funds, the public authority must 
135.4   continue its efforts to locate the obligor for one year from the 
135.5   date the public authority determines that the obligor cannot be 
135.6   located.  If the public authority is unable to locate the 
135.7   obligor after one year, the public authority must treat the 
135.8   funds as unclaimed property according to federal law and chapter 
135.9   345. 
135.10     Sec. 41.  [517C.52] [INCOME WITHHOLDING; GENERAL.] 
135.11     Subdivision 1.  [APPLICATION.] Sections 517C.52 to 517C.62 
135.12  apply to all support orders issued by a court or an 
135.13  administrative tribunal and orders for or notices of withholding 
135.14  issued by the public authority according to section 517C.43, 
135.15  subdivision 1, clause (5). 
135.16     Subd. 2.  [ORDER.] (a) Every support order must address 
135.17  income withholding.  Whenever a support order is initially 
135.18  entered or modified, the full amount of the support order must 
135.19  be withheld from the income of the obligor and forwarded to the 
135.20  public authority.  Sections 517C.51 to 517C.62 apply regardless 
135.21  of the source of income of the person obligated to pay the child 
135.22  support. 
135.23     (b) Every order for child support must provide for a 
135.24  conspicuous notice of the provisions in this section that 
135.25  complies with section 517C.99, subdivision 3.  An order without 
135.26  this notice remains subject to this section. 
135.27     (c) A payor of funds must implement income withholding 
135.28  according to sections 517C.51 to 517C.62 upon receipt of an 
135.29  order for or notice of withholding.  The notice of withholding 
135.30  must be on a form provided by the commissioner of human services.
135.31     Subd. 3.  [NOTICE; INCOME WITHHOLDING AND COLLECTION 
135.32  SERVICES.] (a) The commissioner of human services must prepare 
135.33  and make available to the courts a notice of services that 
135.34  explains child support and maintenance collection services 
135.35  available through the public authority, including income 
135.36  withholding.  Upon receiving a petition for dissolution of 
136.1   marriage or legal separation, the court administrator must 
136.2   promptly send the notice of services to the petitioner and 
136.3   respondent at the addresses stated in the petition. 
136.4      (b) Upon receipt of a support order requiring income 
136.5   withholding, a petitioner or respondent, who is not a recipient 
136.6   of public assistance and does not receive child support 
136.7   collection services from the public authority, must apply to the 
136.8   public authority for either full child support collection 
136.9   services or for services only to withhold income. 
136.10     (c) For those persons applying for services only to 
136.11  withhold income, the public authority must charge a monthly 
136.12  service fee of $15 to the obligor.  This fee is in addition to 
136.13  the amount of the support order and must be withheld through 
136.14  income withholding.  The public authority must explain the 
136.15  service options in this section to the affected parties and 
136.16  encourage the application for full child support collection 
136.17  services. 
136.18     Subd. 4.  [CONTRACT FOR SERVICE.] To carry out income 
136.19  withholding, the public authority may contract for services, 
136.20  including the use of electronic funds transfer. 
136.21     Subd. 5.  [ELECTRONIC TRANSMISSION.] Orders or notices for 
136.22  income withholding may be transmitted for enforcement purposes 
136.23  by electronic means. 
136.24     Subd. 6.  [TIMING OF AUTOMATED ENFORCEMENT REMEDIES.] The 
136.25  public authority must make reasonable efforts to ensure that 
136.26  automated enforcement remedies take into consideration the time 
136.27  periods allowed under sections 517C.51 to 517C.62. 
136.28     Sec. 42.  [517C.53] [WAIVER OF INCOME WITHHOLDING.] 
136.29     (a) If child support is not assigned to the public 
136.30  authority under section 256.741, the court may waive income 
136.31  withholding requirements if it finds there are no arrears as of 
136.32  the date of the hearing and: 
136.33     (1) one party demonstrates and the court finds there is 
136.34  good cause to waive the requirements of sections 517C.51 to 
136.35  517C.62 or to terminate an order for or notice of income 
136.36  withholding previously entered; or 
137.1      (2) all parties reach an agreement and the agreement is 
137.2   approved by the court after a finding that the agreement is 
137.3   likely to result in regular and timely payments.  The court's 
137.4   findings waiving the requirements of this paragraph must include 
137.5   a written explanation of the reasons why income withholding 
137.6   would not be in the child's best interests. 
137.7      (b) In addition to the other requirements in this section, 
137.8   if the case involves a modification of support, the court must 
137.9   make a finding that support has been timely made. 
137.10     (c) If the court waives income withholding, the obligee or 
137.11  obligor may at any time request subsequent income withholding 
137.12  under section 517C.59. 
137.13     Sec. 43.  [517C.54] [PAYOR OF FUNDS RESPONSIBILITIES.] 
137.14     Subdivision 1.  [ACTIVATION.] An order for or notice of 
137.15  withholding is binding on a payor of funds upon receipt.  
137.16  Withholding must begin no later than the first pay period that 
137.17  occurs after 14 days following the date of receipt of the order 
137.18  for or notice of withholding.  In the case of a financial 
137.19  institution, preauthorized transfers must occur in accordance 
137.20  with a court-ordered payment schedule. 
137.21     Subd. 2.  [PROCEDURE.] A payor of funds must withhold from 
137.22  the income payable to the obligor the amount specified in the 
137.23  order or notice of withholding and amounts specified under 
137.24  sections 517C.58 and 517C.63 and must remit the amounts withheld 
137.25  to the public authority within seven business days of the date 
137.26  the obligor is paid the remainder of the income.  The payor of 
137.27  funds must include with the remittance the obligor's social 
137.28  security number, the case type indicator as provided by the 
137.29  public authority, and the date the obligor is paid the remainder 
137.30  of the income.  The obligor is considered to have paid the 
137.31  amount withheld as of the date the obligor received the 
137.32  remainder of the income.  A payor of funds may combine all 
137.33  amounts withheld from one pay period into one payment to each 
137.34  public authority, but must separately identify each obligor 
137.35  making payment. 
137.36     Subd. 3.  [RETALIATION PROHIBITED.] A payor of funds must 
138.1   not discharge, or refuse to hire, or otherwise discipline an 
138.2   employee as a result of wage or salary withholding authorized by 
138.3   this chapter. 
138.4      Subd. 4.  [UPDATED ORDERS.] If more than one order for or 
138.5   notice of withholding exists involving the same obligor and 
138.6   child, the public authority must enforce the most recent order 
138.7   or notice.  An order for or notice of withholding that was 
138.8   previously implemented according to this chapter ends as of the 
138.9   date of the most recent order.  The public authority must notify 
138.10  the payor of funds to withhold under the most recent withholding 
138.11  order or notice. 
138.12     Subd. 5.  [NOTIFICATION OF TERMINATION.] When an order for 
138.13  or notice of withholding is in effect and the obligor's 
138.14  employment is terminated, the obligor and the payor of funds 
138.15  must notify the public authority of the termination within ten 
138.16  days of the termination date.  The termination notice must 
138.17  include the obligor's home address and the name and address of 
138.18  the obligor's new payor of funds, if known. 
138.19     Subd. 6.  [EXPENSES.] A payor of funds may deduct $1 from 
138.20  the obligor's remaining salary for each payment made pursuant to 
138.21  an order for or notice of withholding under this chapter to 
138.22  cover the expenses of withholding. 
138.23     Sec. 44.  [517C.55] [LUMP-SUM PAYMENTS.] 
138.24     Subdivision 1.  [APPLICATION.] (a) This section applies to 
138.25  lump-sum payments of $500 or more including, but not limited to, 
138.26  severance pay, accumulated sick pay, vacation pay, bonuses, 
138.27  commissions, or other pay or benefits. 
138.28     (b) The Consumer Credit Protection Act, United States Code, 
138.29  title 15, section 1673(b), does not apply to lump-sum payments. 
138.30     Subd. 2.  [PAYOR OF FUNDS RESPONSIBILITIES.] Before 
138.31  transmitting a lump-sum payment to an obligor, a payor of funds 
138.32  who has been served with an order for or notice of income 
138.33  withholding under this chapter or a sworn affidavit of arrears 
138.34  from the public authority must: 
138.35     (1) notify the public authority of the lump-sum payment 
138.36  that is to be paid to the obligor; and 
139.1      (2) hold the lump-sum payment for 30 days after the date 
139.2   the lump-sum payment would otherwise have been paid to the 
139.3   obligor, notwithstanding sections 176.221, 176.225, 176.521, 
139.4   181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota 
139.5   Rules, part 1415.2000, subpart 10. 
139.6      Subd. 3.  [PUBLIC AUTHORITY OPTIONS.] (a) The public 
139.7   authority may direct the payor of funds to pay the lump-sum 
139.8   payment, up to the amount of judgments or arrears, to the public 
139.9   authority if: 
139.10     (1) the public authority serves by mail a sworn affidavit 
139.11  of arrears from the public authority or a court order upon the 
139.12  payor of funds; 
139.13     (2) a judgment entered pursuant to section 548.09 or 
139.14  548.091, subdivision 1a, exists against the obligor, or other 
139.15  support arrears exist; and 
139.16     (3) a portion of the judgment or arrears remains unpaid. 
139.17     (b) If no judgment or arrears exist, the public authority 
139.18  may seek a court order directing the payor of funds to transmit 
139.19  all or a portion of the lump-sum payment to the public authority 
139.20  for future support.  To obtain a court order under this 
139.21  paragraph, the public authority must show an obligor's past 
139.22  willful nonpayment of support. 
139.23     Sec. 45.  [517C.56] [PAYOR OF FUNDS LIABILITY.] 
139.24     Subdivision 1.  [LIABILITY TO OBLIGEE.] A payor of funds is 
139.25  liable to the obligee for amounts required to be withheld.  A 
139.26  payor of funds that fails to withhold or transfer funds in 
139.27  accordance with this chapter is liable to the obligee for 
139.28  interest on the funds at the rate applicable to judgments under 
139.29  section 549.09, computed from the date the funds were required 
139.30  to be withheld or transferred.  A payor of funds is liable for 
139.31  reasonable attorney fees of the obligee or public authority 
139.32  incurred in enforcing the liability under this paragraph.  A 
139.33  payor of funds that has failed to comply with the requirements 
139.34  of sections 517C.51 to 517C.62 is subject to contempt sanctions 
139.35  under section 517C.57.  If the payor of funds is an employer or 
139.36  independent contractor and violates this subdivision, a court 
140.1   may award the obligor twice the wages lost as a result of this 
140.2   violation.  If a court finds a payor of funds violated this 
140.3   subdivision, the court must impose a civil fine of not less than 
140.4   $500.  The liabilities under this subdivision apply to 
140.5   intentional noncompliance by a payor of funds with the 
140.6   requirements of sections 517C.51 to 517C.62. 
140.7      Subd. 2.  [NONLIABILITY FOR COMPLIANCE.] A payor of funds 
140.8   is not subject to civil liability to any individual or agency 
140.9   for taking action in compliance with an income withholding order 
140.10  or notice of withholding that appears regular on its face 
140.11  according to this chapter or chapter 518C. 
140.12     Sec. 46.  [517C.57] [EMPLOYER CONTEMPT.] 
140.13     Subdivision 1.  [ORDERS BINDING.] Notices or orders for 
140.14  income withholding or medical support issued pursuant to this 
140.15  chapter are binding on the employer, trustee, or other payor of 
140.16  funds after the order or notice has been transmitted to the 
140.17  employer, trustee, or payor of funds. 
140.18     Subd. 2.  [CONTEMPT ACTION.] (a) An obligee or the public 
140.19  authority may initiate a contempt action against an employer, 
140.20  trustee, or payor of funds, within the action that created the 
140.21  support obligation, by serving an order to show cause upon the 
140.22  employer, trustee, or payor of funds. 
140.23     (b) The employer, trustee, or payor of funds is presumed to 
140.24  be in contempt: 
140.25     (1) if the employer, trustee, or payor of funds has 
140.26  intentionally failed to withhold support after receiving the 
140.27  order or notice for income withholding or notice of enforcement 
140.28  of medical support; or 
140.29     (2) upon presentation of pay stubs or similar documentation 
140.30  showing that the employer, trustee, or payor of funds withheld 
140.31  support and demonstrating that the employer, trustee, or payor 
140.32  of funds intentionally failed to remit support to the public 
140.33  authority. 
140.34     Subd. 3.  [LIABILITY; SANCTIONS.] The employer, trustee, or 
140.35  payor of funds is liable to the obligee or the public authority 
140.36  for amounts required to be withheld that were not paid.  The 
141.1   court may enter judgment against the employer, trustee, or payor 
141.2   of funds for support not withheld or remitted.  An employer, 
141.3   trustee, or payor of funds found guilty of contempt must be 
141.4   punished by a fine of not more than $250 as provided in chapter 
141.5   588.  The court may also impose other contempt sanctions 
141.6   authorized under chapter 588. 
141.7      Sec. 47.  [517C.58] [PRIORITY OF INCOME WITHHOLDING ORDERS; 
141.8   MAXIMUM WITHHOLDING.] 
141.9      Subdivision 1.  [PRIORITY.] An order for or notice of 
141.10  withholding under this chapter or execution or garnishment upon 
141.11  a judgment for child support arrears or preadjudicated expenses 
141.12  has priority over an attachment, execution, garnishment, or wage 
141.13  assignment and is not subject to the statutory limitations on 
141.14  amounts levied against the income of the obligor.  Amounts 
141.15  withheld from an employee's income must not exceed the maximum 
141.16  permitted under the Consumer Credit Protection Act, United 
141.17  States Code, title 15, section 1673(b). 
141.18     Subd. 2.  [MULTIPLE ORDERS.] If a single employee is 
141.19  subject to multiple withholding orders or multiple notices of 
141.20  withholding for the support of more than one child, the payor of 
141.21  funds must comply with all of the orders or notices to the 
141.22  extent that the total amount withheld from the obligor's income 
141.23  does not exceed the limits imposed under the Consumer Credit 
141.24  Protection Act, United States Code, title 15, section 1673(b), 
141.25  giving priority to amounts designated in each order or notice as 
141.26  current support as follows: 
141.27     (1) if the total of the amounts designated in the orders 
141.28  for or notices of withholding as current support exceeds the 
141.29  amount available for income withholding, the payor of funds must 
141.30  allocate to each order or notice an amount for current support 
141.31  equal to the amount designated in that order or notice as 
141.32  current support, divided by the total of the amounts designated 
141.33  in the orders or notices as current support, multiplied by the 
141.34  amount of the income available for income withholding; and 
141.35     (2) if the total of the amounts designated in the orders 
141.36  for or notices of withholding as current support does not exceed 
142.1   the amount available for income withholding, the payor of funds 
142.2   must pay the amounts designated as current support, and must 
142.3   allocate to each order or notice an amount for past due support, 
142.4   equal to the amount designated in that order or notice as past 
142.5   due support, divided by the total of the amounts designated in 
142.6   the orders or notices as past due support, multiplied by the 
142.7   amount of income remaining available for income withholding 
142.8   after the payment of current support. 
142.9      Sec. 48.  [517C.59] [SUBSEQUENT INCOME WITHHOLDING.] 
142.10     Subdivision 1.  [APPLICATION.] This section applies to 
142.11  support orders that do not contain provisions for income 
142.12  withholding. 
142.13     Subd. 2.  [PUBLIC AUTHORITY PROVIDES CHILD SUPPORT 
142.14  ENFORCEMENT SERVICES.] If the public authority provides child 
142.15  support enforcement services to the parties, income withholding 
142.16  under this section takes effect without prior judicial notice to 
142.17  the obligor and without the need for judicial or administrative 
142.18  hearing.  Withholding must be initiated when: 
142.19     (1) the obligor requests it in writing to the public 
142.20  authority; 
142.21     (2) the obligee or obligor serves on the public authority a 
142.22  copy of the notice of income withholding, a copy of the court's 
142.23  order, an application, and the fee to use the public authority's 
142.24  collection services; or 
142.25     (3) the public authority commences withholding under 
142.26  section 517C.43. 
142.27     Subd. 3.  [PUBLIC AUTHORITY DOES NOT PROVIDE CHILD SUPPORT 
142.28  ENFORCEMENT SERVICES.] If the public authority does not provide 
142.29  child support enforcement services to the parties, income 
142.30  withholding under this section must be initiated when an obligee 
142.31  requests it by making a written motion to the court and the 
142.32  court finds that previous support has not been paid on a timely 
142.33  consistent basis or that the obligor has threatened expressly or 
142.34  otherwise to stop or reduce payments. 
142.35     Subd. 4.  [NOTICE.] Within two days after the public 
142.36  authority commences withholding under this section, the public 
143.1   authority must send to the obligor at the obligor's last known 
143.2   address, notice that withholding has commenced.  The notice must 
143.3   include the information provided to the payor of funds in the 
143.4   notice of withholding. 
143.5      Subd. 5.  [CONTEST.] (a) The obligor may contest 
143.6   withholding under this section on the limited grounds that the 
143.7   withholding or the amount withheld is improper due to mistake of 
143.8   fact.  An obligor who chooses to contest the withholding must do 
143.9   so no later than 15 days after the employer commences 
143.10  withholding, by bringing a proper motion under section 484.702 
143.11  and the expedited child support process rules. 
143.12     (b) The income withholding must remain in place while the 
143.13  obligor contests the withholding. 
143.14     (c) If the court finds a mistake in the amount of the 
143.15  arrears to be withheld, the court must continue the income 
143.16  withholding, but it must correct the amount of the arrears to be 
143.17  withheld. 
143.18     Sec. 49.  [517C.60] [INCOME WITHHOLDING; ARREARS ORDER.] 
143.19     (a) In addition to ordering income withholding for current 
143.20  support the court may order the payor of funds to withhold 
143.21  amounts to satisfy the obligor's previous arrears in support 
143.22  order payments.  Use of this remedy does not exclude the use of 
143.23  other remedies to enforce judgments.  The employer or payor of 
143.24  funds must withhold from the obligor's income an additional 
143.25  amount equal to 20 percent of the monthly child support 
143.26  obligation until the arrears are paid. 
143.27     (b) Notwithstanding any law to the contrary, funds from 
143.28  income sources included in section 517C.12, subdivision 1, 
143.29  whether periodic or lump-sum, are not exempt from attachment or 
143.30  execution upon a judgment for child support arrears. 
143.31     (c) Absent an order to the contrary, if arrears exist at 
143.32  the time a support order would otherwise terminate, income 
143.33  withholding continues in effect or may be implemented in an 
143.34  amount equal to the support order plus an additional 20 percent 
143.35  of the monthly child support obligation, until all arrears have 
143.36  been paid in full. 
144.1      Sec. 50.  [517C.61] [INTERSTATE INCOME WITHHOLDING.] 
144.2      (a) Upon receipt of an order for support entered in another 
144.3   state and the specified documentation from an authorized agency, 
144.4   the public authority must implement income withholding.  A payor 
144.5   of funds in this state must withhold income under court orders 
144.6   for withholding issued by other states or territories. 
144.7      (b) An employer receiving an income withholding notice from 
144.8   another state must withhold and distribute the funds as directed 
144.9   in the withholding notice and must apply the law of the 
144.10  obligor's principal place of employment when determining: 
144.11     (1) the employer's fee for processing an income withholding 
144.12  notice; 
144.13     (2) the maximum amount permitted to be withheld from the 
144.14  obligor's income; and 
144.15     (3) deadlines for implementing and forwarding the child 
144.16  support payment. 
144.17     (c) An obligor may contest withholding under this section 
144.18  pursuant to section 518C.506. 
144.19     Sec. 51.  [517C.62] [ORDER TERMINATING INCOME WITHHOLDING.] 
144.20     Subdivision 1.  [GENERAL PROCEDURE.] (a) An order 
144.21  terminating income withholding must specify the effective date 
144.22  of the order and reference the initial order or decree that 
144.23  establishes the support obligation.  A court must enter an order 
144.24  terminating income withholding if: 
144.25     (1) the obligor serves written notice of the application 
144.26  for termination of income withholding by mail upon the obligee 
144.27  at the obligee's last known mailing address, and serves a 
144.28  duplicate copy of the application on the public authority; 
144.29     (2) the application for termination of income withholding 
144.30  specifies the event that terminates the support obligation, the 
144.31  effective date of the termination of the support obligation, and 
144.32  the applicable provisions of the order or decree that 
144.33  established the support obligation; and 
144.34     (3) the application includes the complete name of the 
144.35  obligor's payor of funds, the business mailing address, the 
144.36  court action and court file number, and the support and 
145.1   collections file number, if known. 
145.2      (b) The obligee or the public authority may request a 
145.3   contested hearing on the issue of whether income withholding 
145.4   should continue.  The request must be made within 20 days of 
145.5   receiving an application for termination of income withholding.  
145.6   The request must clearly specify the basis for continuing income 
145.7   withholding.  The obligee or public authority may make an ex 
145.8   parte motion to stay the service of an order terminating income 
145.9   withholding upon the obligor's payor of funds pending the 
145.10  outcome of the contested hearing. 
145.11     Subd. 2.  [TERMINATION BY THE PUBLIC AUTHORITY.] (a) If the 
145.12  public authority determines that income withholding is no longer 
145.13  applicable, the public authority must notify the obligee and the 
145.14  obligor of intent to terminate income withholding. 
145.15     (b) Five days after notification to the obligee and 
145.16  obligor, the public authority must issue a notice to the payor 
145.17  of funds terminating income withholding.  A court order is not 
145.18  required unless the obligee has requested an expedited child 
145.19  support hearing under section 484.702. 
145.20     Sec. 52.  [517C.63] [CHILD SUPPORT DEPOSIT ACCOUNT; 
145.21  FINANCIAL INSTITUTIONS.] 
145.22     Subdivision 1.  [APPLICATION.] If income withholding is 
145.23  ineffective due to the obligor's method of obtaining income, the 
145.24  court must order the obligor to identify a child support deposit 
145.25  account owned solely by the obligor, or to establish an account, 
145.26  in a financial institution located in this state for the purpose 
145.27  of depositing court-ordered child support payments.  The court 
145.28  must order the obligor to execute an agreement with the 
145.29  appropriate public authority for preauthorized transfers from 
145.30  the obligor's child support account payable to an account of the 
145.31  public authority.  The court must order the obligor to disclose 
145.32  to the court all deposit accounts owned by the obligor in whole 
145.33  or in part in any financial institution.  The court may order 
145.34  the obligor to disclose to the court the opening or closing of 
145.35  any deposit account owned in whole or in part by the obligor 
145.36  within 30 days of the opening or closing.  The court may order 
146.1   the obligor to execute an agreement with the appropriate public 
146.2   authority for preauthorized transfers from any deposit account 
146.3   owned in whole or in part by the obligor to the obligor's child 
146.4   support deposit account if necessary to satisfy court-ordered 
146.5   child support payments.  The court may order a financial 
146.6   institution to disclose to the court the account number and any 
146.7   other information regarding accounts owned in whole or in part 
146.8   by the obligor.  An obligor who fails to comply with this 
146.9   subdivision, fails to deposit funds in at least one deposit 
146.10  account sufficient to pay court-ordered child support, or stops 
146.11  payment or revokes authorization of a preauthorized transfer is 
146.12  subject to contempt of court procedures under chapter 588. 
146.13     Subd. 2.  [TRANSFERS.] A financial institution must execute 
146.14  preauthorized transfers for the obligor's deposit accounts in 
146.15  the amount specified in the order and amounts required under 
146.16  this section as directed by the public authority.  A financial 
146.17  institution is liable to the obligee if funds in any of the 
146.18  obligor's deposit accounts identified in the court order equal 
146.19  the amount stated in the preauthorization agreement but are not 
146.20  transferred by the financial institution in accordance with the 
146.21  agreement. 
146.22     Sec. 53.  [517C.64] [ESCROW ACCOUNT.] 
146.23     Subdivision 1.  [STAY OF SERVICE.] (a) If the court finds 
146.24  there is no arrearage in child support as of the date of the 
146.25  court hearing, the court must stay service of the income 
146.26  withholding order under sections 517C.51 to 517C.62 if the 
146.27  obligor: 
146.28     (1) establishes a savings account for a sum equal to two 
146.29  months of the monthly child support obligation; and 
146.30     (2) provides proof of establishing the savings account to 
146.31  the court and the public authority on or before the day of the 
146.32  court hearing determining the obligation. 
146.33     (b) The obligor must hold the sum under paragraph (a) in a 
146.34  financial institution in an interest-bearing account with only 
146.35  the public authority authorized as drawer of funds.  The 
146.36  obligor's proof of establishing the account must include the 
147.1   financial institution name and address, account number, and the 
147.2   deposit amount. 
147.3      Subd. 2.  [RELEASE OF STAY.] Within three working days of 
147.4   receipt of notice of default, the public authority must direct 
147.5   the financial institution to release to the public authority the 
147.6   sum held under this section when the following conditions are 
147.7   met: 
147.8      (1) the obligor fails to pay the support amount to the 
147.9   obligee or the public authority within ten days of the date it 
147.10  is ordered to be paid; 
147.11     (2) the obligee transmits a notice of default to the public 
147.12  authority and makes application to the public authority for 
147.13  child support and maintenance collection services.  The obligee 
147.14  must verify the notice and the notice must contain the title of 
147.15  the action, the court file number, the obligee's full name and 
147.16  address, the obligor's name and last known address, the 
147.17  obligor's last known employer or other payor of funds, the date 
147.18  of the first unpaid amount, the date of the last unpaid amount, 
147.19  and the total amount unpaid; and 
147.20     (3) within three working days of receipt of notice from the 
147.21  obligee, the public authority sends a copy of the notice of 
147.22  default and a notice of intent to implement income withholding 
147.23  by mail to the obligor at the address given.  The notice of 
147.24  intent must state that the public authority will serve the order 
147.25  establishing the child support or maintenance obligation on the 
147.26  obligor's employer or payor of funds unless, within 15 days 
147.27  after the mailing of the notice, the obligor requests a hearing 
147.28  on the issue of whether payment was in default as of the date of 
147.29  the notice of default.  The obligor must serve notice of the 
147.30  request for hearing on the public authority and the obligee. 
147.31     Subd. 3.  [DUTIES OF PUBLIC AUTHORITY.] Within three 
147.32  working days of receipt of sums released under subdivision 2, 
147.33  the public authority shall remit to the obligee all amounts not 
147.34  assigned under section 256.741 as current support or 
147.35  maintenance.  The public authority must also serve a copy of the 
147.36  court's order and the provisions of this section and sections 
148.1   517C.51 to 517C.62 on the obligor's employer or other payor of 
148.2   funds unless, within 15 days after mailing of the notice of 
148.3   intent to implement income withholding, the obligor makes a 
148.4   proper motion pursuant to section 484.702 and the rules of the 
148.5   expedited child support process.  The public authority must 
148.6   inform the employer or payor of funds pursuant to sections 
148.7   517C.51 to 517C.62 of the effective date on which the next 
148.8   support or maintenance payment is due.  The withholding process 
148.9   must begin on that date and must reflect the total credits of 
148.10  principal and interest amounts received from the escrow account. 
148.11     Subd. 4.  [HEARING.] Within 30 days of the date of the 
148.12  notice of default under subdivision 2, clause (2), the court 
148.13  must hold a hearing if a motion is brought by the obligor as set 
148.14  forth in subdivision 2.  If the court finds that there was a 
148.15  default, the court must order the immediate withholding of 
148.16  support or maintenance from the obligor's income.  If the court 
148.17  finds that there was no default, the court must order either the 
148.18  obligor or obligee to reestablish the escrow account and 
148.19  continue the stay of income withholding. 
148.20     Subd. 5.  [TERMINATION OF STAY.] When the obligation for 
148.21  support of a child or for spousal maintenance ends under the 
148.22  terms of the order or decree establishing the obligation and the 
148.23  sum held under this section has not otherwise been released, the 
148.24  public authority must release the sum and interest to the 
148.25  obligor when the following conditions are met: 
148.26     (1) the obligor transmits a notice of termination to the 
148.27  public authority.  The obligor must verify the notice and the 
148.28  notice must contain the title of the action, the court file 
148.29  number, the full name and address of the obligee, specify the 
148.30  event that ends the support or maintenance obligation, the 
148.31  effective date of the termination of support or maintenance 
148.32  obligation, and the applicable provisions of the order or decree 
148.33  that established the support or maintenance obligation; 
148.34     (2) the public authority sends a copy of the notice of 
148.35  termination to the obligee; and 
148.36     (3) the obligee fails within 20 days after mailing of the 
149.1   notice under clause (2) to request a hearing on the issue of 
149.2   whether the support or maintenance obligation continues and 
149.3   serve notice of the request for hearing on the obligor and the 
149.4   public authority. 
149.5      Sec. 54.  [517C.65] [TRUSTEE.] 
149.6      Subdivision 1.  [APPOINTMENT.] Upon its own motion or upon 
149.7   motion of either party, the court may appoint a trustee, when it 
149.8   is deemed expedient, to receive money ordered to be paid as 
149.9   child support for remittance to the person entitled to receive 
149.10  the payments.  The trustee may also receive property that is 
149.11  part of an award for division of marital property.  The trustee 
149.12  must hold the property in trust to invest and pay over the 
149.13  income in the manner the court directs, or to pay over the 
149.14  principal sum in the proportions and at the times the court 
149.15  orders.  In all cases, the court must consider the situation and 
149.16  circumstances of the recipient, and the children, if any.  The 
149.17  trustee must give a bond, as the court requires, for the 
149.18  faithful performance of the trust.  If it appears that the 
149.19  recipient of money ordered to be paid as support will receive 
149.20  public assistance, the court must appoint the public authority 
149.21  as trustee. 
149.22     Subd. 2.  [RECORDS.] The trustee must maintain records 
149.23  listing the amount of payments, the date when payments are 
149.24  required to be made, and the names and addresses of the parties 
149.25  affected by the order. 
149.26     Subd. 3.  [COMMUNICATION.] The parties affected by the 
149.27  order must inform the trustee of a change of address or of other 
149.28  conditions that may affect the administration of the order. 
149.29     Subd. 4.  [LATE PAYMENT.] If a required support payment is 
149.30  not made within ten days of the due date, the trustee must send 
149.31  the obligor notice of the arrears by first-class mail.  If 
149.32  payment of the sum due is not received by the trustee within ten 
149.33  days after sending notice, the trustee must certify the amount 
149.34  due to the public authority, whenever that authority is not the 
149.35  trustee.  If the public authority refers the arrears to the 
149.36  county attorney, the county attorney may initiate enforcement 
150.1   proceedings against the obligor for support. 
150.2      Sec. 55.  [517C.66] [OVERPAYMENTS.] 
150.3      If child support is not assigned under section 256.741, and 
150.4   an obligor has overpaid a child support obligation because of a 
150.5   modification or error in the amount owed, the public authority 
150.6   must: 
150.7      (1) apply the amount of the overpayment to reduce the 
150.8   amount of child support arrears or debts owed to the obligee; 
150.9   and 
150.10     (2) if an overpayment exists after the reduction of arrears 
150.11  or debt, reduce the amount of the child support remitted to the 
150.12  obligee by an amount no greater than 20 percent of the current 
150.13  monthly support obligation and remit this amount to the obligor 
150.14  until the overpayment is reduced to zero. 
150.15     Sec. 56.  [517C.67] [ALTERNATE NOTICE OF COURT ORDER.] 
150.16     Whenever this chapter requires service of a court's order 
150.17  on an employer, union, or payor of funds, service of a verified 
150.18  notice of order may be made in lieu of the order.  The verified 
150.19  notice must contain the title of the action, the name of the 
150.20  court, the court file number, the date of the court order, and 
150.21  must recite the operative provisions of the order. 
150.22     Sec. 57.  [517C.70] [CHILD SUPPORT AND PARENTING TIME ARE 
150.23  INDEPENDENT.] 
150.24     (a) Failure by a party to make support payments is not a 
150.25  defense to:  
150.26     (1) interference with parenting time; or 
150.27     (2) removing a child from this state without the permission 
150.28  of the court or the other parent. 
150.29     (b) Interference with parenting time or taking a child from 
150.30  this state without permission of the court or the other parent 
150.31  is not a defense to nonpayment of support. 
150.32     (c) If a party fails to make support payments, interferes 
150.33  with parenting time, or removes a child from this state without 
150.34  permission of the court or the other parent, the other party may 
150.35  petition the court for an appropriate order. 
150.36     Sec. 58.  [517C.71] [PAYMENT AGREEMENTS.] 
151.1      Subdivision 1.  [GENERAL REQUIREMENTS.] An obligor who has 
151.2   child support arrears may enter into a payment agreement that 
151.3   addresses payment of both current and overdue support.  Payment 
151.4   agreements must: 
151.5      (1) be in writing; 
151.6      (2) address both current support and arrears; and 
151.7      (3) be approved by the district court, a child support 
151.8   magistrate, or the public authority. 
151.9      Subd. 2.  [CONSIDERATIONS.] In proposing or approving 
151.10  proposed payment agreements for purposes of this chapter, the 
151.11  district court, a child support magistrate, or the public 
151.12  authority must take into consideration the amount of the 
151.13  arrears, the amount of the current support order, any pending 
151.14  request for modification, and the earnings of the obligor.  The 
151.15  district court, child support magistrate, or public authority 
151.16  must consider the individual financial circumstances of each 
151.17  obligor in evaluating the obligor's ability to pay a proposed 
151.18  payment agreement and must propose a reasonable payment 
151.19  agreement tailored to the individual financial circumstances of 
151.20  each obligor.  The district court, child support magistrate, or 
151.21  public authority also must consider a graduated payment plan 
151.22  tailored to the individual financial circumstances of each 
151.23  obligor. 
151.24     Sec. 59.  [517C.72] [SEEK EMPLOYMENT ORDERS.] 
151.25     Subdivision 1.  [COURT ORDER.] (a) When the public 
151.26  authority is enforcing a support order, the public authority may 
151.27  seek a court order requiring an obligor to seek employment if: 
151.28     (1) the obligor's employment cannot be verified; 
151.29     (2) the obligor has child support arrears amounting to at 
151.30  least three times the obligor's total monthly support payments; 
151.31  and 
151.32     (3) the obligor is not in compliance with a payment 
151.33  agreement. 
151.34     (b) Upon proper notice to the obligor, the court may enter 
151.35  a seek employment order if it finds that the obligor has not 
151.36  provided proof of gainful employment and has not consented to an 
152.1   order for income withholding or entered into a payment agreement.
152.2      Subd. 2.  [CONTENTS OF ORDER.] The order to seek employment 
152.3   must: 
152.4      (1) order that the obligor seek employment within a 
152.5   determinate amount of time; 
152.6      (2) order that the obligor file with the public authority a 
152.7   weekly report of at least five new attempts to find employment 
152.8   or of having found employment.  The report must include the 
152.9   names, addresses, and telephone numbers of the employers or 
152.10  businesses with whom the obligor attempted to obtain employment 
152.11  and the name of the individual contact at each employer or 
152.12  business to whom the obligor made application for employment or 
152.13  to whom an inquiry was directed; 
152.14     (3) notify the obligor that failure to comply with the 
152.15  order is evidence of a willful failure to pay support under 
152.16  section 517C.74; 
152.17     (4) order that the obligor provide the public authority 
152.18  with verification of any reason for noncompliance with the 
152.19  order; and 
152.20     (5) specify the duration of the order, not to exceed three 
152.21  months. 
152.22     Sec. 60.  [517C.73] [ORDER FOR COMMUNITY SERVICES.] 
152.23     If the court finds that the obligor earns $400 or less per 
152.24  month and does not have the ability to provide support based on 
152.25  the guidelines and factors in this chapter, the court may order 
152.26  the obligor to perform community services to fulfill the 
152.27  obligor's support obligation.  In ordering community services 
152.28  under this section, the court must consider whether the obligor 
152.29  has the physical capability to perform community services, and 
152.30  must order community services that are appropriate for the 
152.31  obligor's abilities. 
152.32     Sec. 61.  [517C.74] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 
152.33  SUPPORT.] 
152.34     Subdivision 1.  [GROUNDS.] If a person against whom an 
152.35  order or decree for support has been entered under this chapter, 
152.36  chapter 256, or a comparable law from another jurisdiction, has 
153.1   child support arrears amounting to at least three times the 
153.2   obligor's total monthly support obligation and is not in 
153.3   compliance with a payment agreement, a court may cite and punish 
153.4   a person for contempt under section 517C.25, subdivision 1, 
153.5   chapter 588, or this section.  An obligor's failure to comply 
153.6   with a seek employment order entered under section 517C.72 is 
153.7   evidence of willful failure to pay support. 
153.8      Subd. 2.  [COURT OPTIONS.] (a) If a court cites a person 
153.9   for contempt under this section, and the obligor lives in a 
153.10  county that contracts with the commissioner of human services 
153.11  under section 256.997, the court may order the performance of 
153.12  community service work up to 32 hours per week for six weeks for 
153.13  each finding of contempt if the obligor: 
153.14     (1) is able to work full time; 
153.15     (2) works an average of less than 32 hours per week; and 
153.16     (3) has actual weekly gross income averaging less than 40 
153.17  times the federal minimum hourly wage under United States Code, 
153.18  title 29, section 206(a)(1), or is voluntarily earning less than 
153.19  the obligor has the ability to earn, as determined by the court. 
153.20     (b) An obligor is presumed to be able to work full time.  
153.21  The obligor has the burden of proving inability to work full 
153.22  time. 
153.23     Subd. 3.  [RELEASE.] A person ordered to do community 
153.24  service work under subdivision 2 may, during the six-week 
153.25  period, apply to the district court, a child support magistrate, 
153.26  or the public authority to be released from the community 
153.27  service work requirement if the person: 
153.28     (1) provides proof to the district court, a child support 
153.29  magistrate, or the public authority that the person is gainfully 
153.30  employed and submits to an order for income withholding under 
153.31  section 517C.52; 
153.32     (2) enters into a payment agreement under section 517C.71; 
153.33  or 
153.34     (3) provides proof to the district court, a child support 
153.35  magistrate, or the public authority that, after entry of the 
153.36  order, the person's circumstances have so changed that the 
154.1   person is no longer able to fulfill the terms of the community 
154.2   service order. 
154.3      Subd. 4.  [CONTINUING OBLIGATIONS.] An obligor's 
154.4   performance of community service work does not relieve the 
154.5   obligor of a current support obligation or arrears. 
154.6      Sec. 62.  [517C.745] [SECURITY; SEQUESTRATION; CONTEMPT.] 
154.7      (a) In all cases when the court orders support payments, 
154.8   the court may require sufficient security to be given for the 
154.9   payment of them according to the terms of the order.  Upon 
154.10  neglect or refusal to give security, or upon failure to pay the 
154.11  support, the court may sequester the obligor's personal estate 
154.12  and the rents and profits of real estate of the obligor, and 
154.13  appoint a receiver of them.  The court may cause the personal 
154.14  estate and the rents and profits of the real estate to be 
154.15  applied according to the terms of the order. 
154.16     (b) The obligor is presumed to have an income from a source 
154.17  sufficient to pay the support order.  A child support order 
154.18  constitutes prima facie evidence that the obligor has the 
154.19  ability to pay the award.  If the obligor disobeys the order, it 
154.20  is prima facie evidence of contempt.  The court may cite the 
154.21  obligor for contempt under this section, section 517C.74, or 
154.22  chapter 588. 
154.23     Sec. 63.  [517C.75] [DRIVER'S LICENSE SUSPENSION.] 
154.24     Subdivision 1.  [FACTORS WARRANTING SUSPENSION.] An 
154.25  obligor's driver's license must be suspended if the court finds 
154.26  that the obligor has been or may be issued a driver's license by 
154.27  the commissioner of public safety and if: 
154.28     (1) the obligor has arrears amounting to at least three 
154.29  times the obligor's total monthly support obligation and the 
154.30  obligor is not in compliance with a payment agreement under 
154.31  section 517C.71; or 
154.32     (2) the obligor has failed, after receiving notice, to 
154.33  comply with a subpoena relating to a paternity or child support 
154.34  proceeding. 
154.35     Subd. 2.  [SUSPENSION INITIATED BY THE OBLIGEE.] (a) An 
154.36  obligee may bring a motion to suspend an obligor's driver's 
155.1   license.  The obligee must properly serve the motion on the 
155.2   obligor pursuant to court rules and file the motion with the 
155.3   court.  An obligee may not bring a motion under this subdivision 
155.4   within 12 months of a denial of a previous motion under this 
155.5   subdivision. 
155.6      (b) At the hearing, if the court finds that a factor under 
155.7   subdivision 1 exists, the court must: 
155.8      (1) order the commissioner of public safety to suspend the 
155.9   obligor's driver's license; and 
155.10     (2) stay the order for 90 days to allow the obligor the 
155.11  opportunity to enter into a payment agreement under section 
155.12  517C.71. 
155.13     (c) If after 90 days the obligor has not entered into or is 
155.14  not in compliance with a payment agreement under section 
155.15  517C.71, the court's order becomes effective and the 
155.16  commissioner of public safety must suspend the obligor's 
155.17  driver's license. 
155.18     Subd. 3.  [SUSPENSION INITIATED BY THE PUBLIC 
155.19  AUTHORITY.] (a) If the public authority determines that a factor 
155.20  in subdivision 1 exists, the public authority must initiate the 
155.21  suspension of the obligor's driver's license. 
155.22     (b) The public authority must mail a written notice to the 
155.23  obligor at the obligor's last known address indicating that: 
155.24     (1) the public authority intends to seek suspension of the 
155.25  obligor's driver's license; and 
155.26     (2) the obligor must make a written request for a hearing 
155.27  to contest the driver's license suspension within 30 days of the 
155.28  date of the notice. 
155.29     (c) If the obligor requests a hearing within 30 days of the 
155.30  date of the notice, a court hearing must be held.  At least 14 
155.31  days before the hearing, the public authority must serve notice 
155.32  on the obligor personally or by mail at the obligor's last known 
155.33  address of the following: 
155.34     (1) the hearing time and place; 
155.35     (2) the allegations against the obligor; and 
155.36     (3) a statement informing the obligor of the requirement to 
156.1   enter into a payment agreement under section 517C.71 to avoid 
156.2   license suspension. 
156.3      (d) If a hearing is held and the court finds a factor under 
156.4   subdivision 1 exists, the court must order the commissioner of 
156.5   public safety to suspend the obligor's driver's license. 
156.6      (e) If the obligor does not request a hearing within 30 
156.7   days of the date of the notice and has not executed a written 
156.8   payment agreement under section 517C.71 that is approved by the 
156.9   public authority within 90 days of the date of the notice, the 
156.10  public authority must direct the commissioner of public safety 
156.11  to suspend the obligor's driver's license. 
156.12     Subd. 4.  [SUSPENSION FOR FAILURE TO COMPLY WITH A 
156.13  SUBPOENA.] (a) A court, child support magistrate, or the public 
156.14  authority may direct the commissioner of public safety to 
156.15  suspend an obligor's driver's license if the obligor has failed, 
156.16  after receiving notice, to comply with a subpoena relating to a 
156.17  paternity or child support proceeding. 
156.18     (b) The notice to an obligor of intent to suspend a 
156.19  driver's license must be served by first class mail at the 
156.20  obligor's last known address.  The notice must inform the 
156.21  obligor of the right to make a written request for a hearing. 
156.22     (c) If the obligor makes a written request within ten days 
156.23  of the date of the notice, a hearing must be held.  At the 
156.24  hearing, the only issues to be considered are mistake of fact 
156.25  and whether the obligor received the subpoena. 
156.26     Subd. 5.  [SUSPENSION FOR FAILURE TO REMAIN IN COMPLIANCE 
156.27  WITH A PAYMENT AGREEMENT.] The license of an obligor who fails 
156.28  to remain in compliance with a payment agreement under section 
156.29  517C.71 may be suspended.  A party or the public authority must 
156.30  serve notice upon the obligor of intent to suspend under this 
156.31  subdivision.  The party or public authority must serve the 
156.32  notice upon the obligor by first class mail at the obligor's 
156.33  last known address not less than ten days before the hearing 
156.34  date.  The notice must include a notice of hearing.  If the 
156.35  obligor appears at the hearing and the judge determines that the 
156.36  obligor has failed to comply with a payment agreement under 
157.1   section 517C.71, the judge must notify the department of public 
157.2   safety to suspend the obligor's license.  If the obligor fails 
157.3   to appear at the hearing, the public authority may notify the 
157.4   department of public safety to suspend the obligor's license. 
157.5      Subd. 6.  [REINSTATEMENT.] (a) An obligor whose driver's 
157.6   license or operating privileges are suspended may: 
157.7      (1) provide proof to the public authority that the obligor 
157.8   is in compliance with all payment agreements under section 
157.9   517C.71; 
157.10     (2) bring a motion for reinstatement of the driver's 
157.11  license.  At the hearing, the district court or child support 
157.12  magistrate must establish a payment agreement under section 
157.13  517C.71 if the district court or child support magistrate orders 
157.14  reinstatement of the driver's license; or 
157.15     (3) seek a limited license under section 171.30.  A limited 
157.16  license issued to an obligor under section 171.30 expires 90 
157.17  days after the date it is issued.  
157.18     (b) Within 15 days of the receipt of the proof under 
157.19  paragraph (a), clause (1), or a court order, the public 
157.20  authority must inform the commissioner of public safety that the 
157.21  obligor's driver's license or operating privileges should no 
157.22  longer be suspended. 
157.23     Subd. 7.  [REMEDIES AVAILABLE.] The remedy under this 
157.24  section is in addition to any other enforcement remedy available 
157.25  to the court or public authority. 
157.26     Subd. 8.  [REPORT TO THE LEGISLATURE.] On January 15, 2005, 
157.27  and every two years after that, the commissioner of human 
157.28  services must submit a report to the legislature that identifies 
157.29  the following information relevant to the implementation of this 
157.30  section: 
157.31     (1) the number of child support obligors notified of an 
157.32  intent to suspend a driver's license; 
157.33     (2) the amount collected in payments from the child support 
157.34  obligors notified of an intent to suspend a driver's license; 
157.35     (3) the number of cases paid in full and payment agreements 
157.36  executed in response to notification of an intent to suspend a 
158.1   driver's license; 
158.2      (4) the number of cases in which there has been 
158.3   notification and no payments or payment agreements; 
158.4      (5) the number of driver's licenses suspended; 
158.5      (6) the cost of implementation and operation of the 
158.6   requirements of this section; and 
158.7      (7) the number of limited licenses issued and number of 
158.8   cases in which payment agreements are executed and cases are 
158.9   paid in full following issuance of a limited license. 
158.10     Sec. 64.  [517C.76] [OCCUPATIONAL LICENSE SUSPENSION.] 
158.11     Subdivision 1.  [FACTORS WARRANTING SUSPENSION.] An 
158.12  obligor's occupational license must be suspended if the court 
158.13  finds that the obligor is or may be licensed by a licensing 
158.14  board listed in section 214.01 or other state, county, or 
158.15  municipal agency or board that issues an occupation license and 
158.16  if: 
158.17     (1) the obligor has arrears amounting to at least three 
158.18  times the obligor's total monthly support obligation and the 
158.19  obligor is not in compliance with a payment agreement under 
158.20  section 517C.71; or 
158.21     (2) the obligor has failed, after receiving notice, to 
158.22  comply with a subpoena relating to a paternity or child support 
158.23  proceeding. 
158.24     Subd. 2.  [SUSPENSION INITIATED BY THE OBLIGEE.] (a) An 
158.25  obligee may bring a motion to suspend an obligor's occupational 
158.26  license.  The obligee must properly serve the motion on the 
158.27  obligor pursuant to court rules and file the motion with the 
158.28  court. 
158.29     (b) At the hearing, if the court finds that a factor under 
158.30  subdivision 1 exists, the court must: 
158.31     (1) order the licensing board or agency to suspend the 
158.32  obligor's occupational license under section 214.101; and 
158.33     (2) stay the order for 90 days to allow the obligor the 
158.34  opportunity to enter into a payment agreement under section 
158.35  257C.71. 
158.36     (c) If after 90 days the obligor has not entered into or is 
159.1   not in compliance with a payment agreement under section 
159.2   517C.71, the court order becomes effective and the licensing 
159.3   board or agency must suspend the obligor's occupational license. 
159.4      (d) If the obligor is a licensed attorney, the court must 
159.5   comply with the procedure under subdivision 4 for notifying the 
159.6   lawyers professional responsibility board. 
159.7      Subd. 3.  [SUSPENSION INITIATED BY THE PUBLIC 
159.8   AUTHORITY.] (a) If the public authority determines that a factor 
159.9   in subdivision 1 exists, the public authority must initiate the 
159.10  suspension of the obligor's occupational license. 
159.11     (b) The public authority must mail a written notice to the 
159.12  obligor at the obligor's last known address indicating that: 
159.13     (1) the public authority intends to seek suspension of the 
159.14  obligor's occupational license; and 
159.15     (2) the obligor must make a written request for a hearing 
159.16  to contest the occupational license suspension within 30 days of 
159.17  the date of the notice. 
159.18     (c) If the obligor requests a hearing within 30 days of the 
159.19  date of the notice, a court hearing must be held.  At least 14 
159.20  days before the hearing, the public authority must serve notice 
159.21  on the obligor personally or by mail at the obligor's last known 
159.22  address of the following: 
159.23     (1) the hearing time and place; 
159.24     (2) the allegations against the obligor; and 
159.25     (3) a statement informing the obligor of the requirement to 
159.26  enter into a payment agreement under section 517C.71 to avoid 
159.27  license suspension. 
159.28     (d) If a hearing is held and the court finds a factor 
159.29  warranting suspension under subdivision 1 exists, the court must 
159.30  order the occupational licensing board or agency to suspend the 
159.31  obligor's occupational license. 
159.32     (e) If the obligor does not request a hearing within 30 
159.33  days of the date of the notice and has not executed a written 
159.34  payment agreement under section 517C.71 that is approved by the 
159.35  public authority within 90 days of the date of the notice, the 
159.36  public authority must direct the occupational licensing board or 
160.1   agency to suspend the obligor's occupational license. 
160.2      (f) If the obligor is a licensed attorney, the court or 
160.3   public authority must comply with the procedure under 
160.4   subdivision 4 for notifying the lawyers professional 
160.5   responsibility board. 
160.6      Subd. 4.  [OBLIGOR IS LICENSED ATTORNEY.] If an obligor is 
160.7   a licensed attorney and the court finds that a factor warranting 
160.8   suspension under subdivision 1 exists, the court or public 
160.9   authority must notify the lawyers professional responsibility 
160.10  board for appropriate action in accordance with the rules of 
160.11  professional conduct or order the licensing board or agency to 
160.12  suspend the obligor's license if the court finds that the 
160.13  obligor: 
160.14     (1) is licensed by a licensing board or other state agency 
160.15  that issues an occupational license; 
160.16     (2) has not made full payment of arrears found to be due by 
160.17  the public authority; and 
160.18     (3) has not executed or is not in compliance with a payment 
160.19  agreement. 
160.20     Subd. 5.  [SUSPENSION FOR FAILURE TO COMPLY WITH A 
160.21  SUBPOENA.] (a) A court, child support magistrate, or the public 
160.22  authority may direct the occupational licensing board or agency 
160.23  to suspend an obligor's occupational license if the obligor has 
160.24  failed, after receiving notice, to comply with a subpoena 
160.25  relating to a paternity or child support proceeding. 
160.26     (b) The notice to an obligor of intent to suspend an 
160.27  occupational license must be served by first class mail at the 
160.28  obligor's last known address.  The notice must inform the 
160.29  obligor of the right to make a written request for a hearing. 
160.30     (c) If the obligor makes a written request within ten days 
160.31  of the date of the notice, a hearing must be held.  At the 
160.32  hearing, the only issues to be considered are mistake of fact 
160.33  and whether the obligor received the subpoena. 
160.34     Subd. 6.  [FAILURE TO REMAIN IN COMPLIANCE WITH AN APPROVED 
160.35  PAYMENT AGREEMENT.] The license of an obligor who fails to 
160.36  remain in compliance with a payment agreement under section 
161.1   517C.71 may be suspended.  A party must serve notice upon the 
161.2   obligor of an intent to suspend under this subdivision.  A party 
161.3   must serve the notice by first class mail at the obligor's last 
161.4   known address not less than ten days before the date of the 
161.5   hearing.  The notice must include a notice of hearing.  If the 
161.6   obligor appears at the hearing and the judge determines that the 
161.7   obligor has failed to comply with a payment agreement under 
161.8   section 517C.71, the judge must notify the licensing board or 
161.9   agency to suspend the obligor's license.  If the obligor fails 
161.10  to appear at the hearing, the public authority may notify the 
161.11  licensing board or agency to suspend the obligor's license. 
161.12     Subd. 7.  [REINSTATEMENT.] An obligor whose occupational 
161.13  license is suspended may provide proof to the public authority 
161.14  that the obligor is in compliance with all payment agreements 
161.15  under section 517C.71.  Within 15 days of the receipt of that 
161.16  proof, the public authority must inform the licensing board or 
161.17  agency or the lawyer's professional responsibility board that 
161.18  the obligor is no longer ineligible for license issuance, 
161.19  reinstatement, or renewal under this section. 
161.20     Subd. 8.  [REMEDIES AVAILABLE.] The remedy under this 
161.21  section is in addition to any other enforcement remedy available 
161.22  to the court or public authority. 
161.23     Sec. 65.  [517C.77] [DATA ON SUSPENSIONS FOR SUPPORT 
161.24  ARREARS.] 
161.25     Notwithstanding section 13.03, subdivision 4, paragraph 
161.26  (c), data on an occupational license suspension under section 
161.27  517C.76 or a driver's license suspension under section 517C.75, 
161.28  that are transferred by the department of human services to the 
161.29  department of public safety or a state, county, or municipal 
161.30  occupational licensing agency respectively must have the same 
161.31  classification at the department of public safety or other 
161.32  receiving agency under section 13.02 as other license suspension 
161.33  data held by the receiving agency.  The transfer of the data 
161.34  does not affect the classification of the data in the hands of 
161.35  the department of human services. 
161.36     Sec. 66.  [517C.78] [RECREATIONAL LICENSE SUSPENSION.] 
162.1      Subdivision 1.  [MOTION; FACTORS.] (a) An obligee or the 
162.2   public authority may bring a motion to suspend the recreational 
162.3   license or licenses of an obligor.  An obligee or the public 
162.4   authority must serve the motion on the obligor in person or by 
162.5   first class mail at the obligor's last known address.  There 
162.6   must be an opportunity for a hearing.  The court may direct the 
162.7   commissioner of natural resources to suspend or bar receipt of 
162.8   the obligor's recreational license or licenses if it finds that: 
162.9      (1) the obligor has child support arrears amounting to at 
162.10  least six times the obligor's total monthly support payments and 
162.11  the obligor is not in compliance with a payment agreement under 
162.12  section 517C.71; or 
162.13     (2) the obligor has failed, after receiving notice, to 
162.14  comply with a subpoena relating to a paternity or child support 
162.15  proceeding. 
162.16     (b) Before utilizing this section, the court must find that 
162.17  other substantial enforcement mechanisms have been attempted but 
162.18  have not resulted in compliance. 
162.19     Subd. 2.  [AFFECTED LICENSES.] For purposes of this 
162.20  section, a recreational license includes all licenses, permits, 
162.21  and stamps issued centrally by the commissioner of natural 
162.22  resources under sections 97B.301, 97B.401, 97B.501, 97B.515, 
162.23  97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305. 
162.24     Subd. 3.  [REINSTATEMENT.] An obligor whose recreational 
162.25  license has been suspended or barred may provide proof to the 
162.26  court that the obligor is in compliance with all payment 
162.27  agreements under section 517C.71.  Within 15 days of receipt of 
162.28  that proof, the court must notify the commissioner of natural 
162.29  resources that the obligor's recreational license or licenses 
162.30  must no longer be suspended nor may receipt be barred. 
162.31     Sec. 67.  [517C.79] [MOTOR VEHICLE LIEN.] 
162.32     Subdivision 1.  [FACTORS WARRANTING LIEN.] A lien in the 
162.33  name of the obligee or the state of Minnesota, as appropriate, 
162.34  in accordance with section 168A.05, subdivision 8, must be 
162.35  entered on any motor vehicle certificate of title subsequently 
162.36  issued in the obligor's name if the obligor: 
163.1      (1) is a debtor for a judgment debt resulting from child 
163.2   support arrears in an amount at least three times the total 
163.3   monthly support obligation; and 
163.4      (2) is not in compliance with a payment agreement under 
163.5   section 517C.71. 
163.6      Subd. 2.  [LIEN INITIATED BY THE OBLIGEE.] (a) An obligee 
163.7   may bring a motion for the entry of a lien on any motor vehicle 
163.8   certificate of title issued in the obligor's name.  The obligee 
163.9   must properly serve the motion on the obligor pursuant to court 
163.10  rules and file the motion with the court. 
163.11     (b) At the hearing, if the court finds that the factors 
163.12  under subdivision 1 exist, the court must: 
163.13     (1) order the commissioner of public safety to enter a lien 
163.14  in the obligee's name or in the name of the state of Minnesota, 
163.15  as appropriate under section 168A.05, subdivision 8, on any 
163.16  motor vehicle certificate of title subsequently issued in the 
163.17  obligor's name; and 
163.18     (2) stay the order for 90 days to allow the obligor the 
163.19  opportunity to enter into a payment agreement under section 
163.20  517C.71. 
163.21     (c) If after 90 days the obligor has not entered into or is 
163.22  not in compliance with a payment agreement under section 
163.23  517C.71, the court's order becomes effective and the 
163.24  commissioner of public safety must enter the lien on any motor 
163.25  vehicle certificate of title subsequently issued in the 
163.26  obligor's name. 
163.27     Subd. 3.  [LIEN INITIATED BY THE PUBLIC AUTHORITY.] (a) If 
163.28  the public authority determines that the factors in subdivision 
163.29  1 exist, the public authority must direct the commissioner of 
163.30  public safety to enter a lien in the name of the obligee or in 
163.31  the name of the state of Minnesota, as appropriate, under 
163.32  section 168A.05, subdivision 8, on any motor vehicle certificate 
163.33  of title subsequently issued in the obligor's name. 
163.34     (b) At least 90 days before directing the entry of a lien 
163.35  under this section, the public authority must mail a written 
163.36  notice to the obligor at the obligor's last known address 
164.1   indicating that: 
164.2      (1) the public authority intends to enter a lien on any 
164.3   motor vehicle certificate of title subsequently issued in the 
164.4   obligor's name; and 
164.5      (2) the obligor must make a written request for a hearing 
164.6   within 30 days of the date of the notice to contest the action. 
164.7      (c) If the obligor makes a written request for a hearing 
164.8   within 30 days of the date of the notice, a court hearing must 
164.9   be held.  At least 14 days before the hearing, the public 
164.10  authority must serve the obligor personally or by mail at the 
164.11  obligor's last known address with a notice including the hearing 
164.12  time and place and the allegations against the obligor. 
164.13     (d) If a hearing is held and the court finds the factors 
164.14  under subdivision 1 exist, the court must order the commissioner 
164.15  of public safety to enter the lien on any motor vehicle 
164.16  certificate of title subsequently issued in the obligor's name. 
164.17     (e) If the obligor does not make a written request for a 
164.18  hearing within 30 days of the date of the notice and has not 
164.19  entered into or is not in compliance with a payment agreement 
164.20  under section 517C.71 approved by the public authority within 90 
164.21  days of the date of the notice, the public authority must direct 
164.22  the commissioner of public safety to enter the lien on any motor 
164.23  vehicle certificate of title subsequently issued in the 
164.24  obligor's name. 
164.25     Subd. 4.  [RELEASE.] An obligor may provide proof to the 
164.26  court or the public authority that the obligor is in compliance 
164.27  with all written payment agreements under section 517C.71 or 
164.28  that the motor vehicle's value is less than the exemption 
164.29  provided under section 550.37.  Within 15 days of the receipt of 
164.30  that proof, the court or public authority must: 
164.31     (1) execute a release of security interest under section 
164.32  168A.20, subdivision 4, and mail or deliver the release to the 
164.33  owner or other authorized person; or 
164.34     (2) in instances where a lien has not yet been entered, 
164.35  direct the commissioner of public safety not to enter a lien on 
164.36  any motor vehicle certificate of title subsequently issued in 
165.1   the obligor's name. 
165.2      Subd. 5.  [NONEXEMPT VALUE.] A lien recorded against a 
165.3   motor vehicle certificate of title under this section and 
165.4   section 168A.05, subdivision 8, attaches only to the nonexempt 
165.5   value of the motor vehicle as determined in accordance with 
165.6   section 550.37.  The value of a motor vehicle must be determined 
165.7   in accordance with the retail value described in the National 
165.8   Auto Dealers Association Official Used Car Guide, Midwest 
165.9   Edition, for the current year, or in accordance with the 
165.10  purchase price as defined in section 297B.01, subdivision 8. 
165.11     Subd. 6.  [REMEDIES AVAILABLE.] The remedy available under 
165.12  this section is in addition to any other enforcement remedies 
165.13  available to the court or public authority. 
165.14     Sec. 68.  [517C.80] [PUBLICATION OF NAMES OF DELINQUENT 
165.15  CHILD SUPPORT OBLIGORS.] 
165.16     Subdivision 1.  [MAKING NAMES PUBLIC.] At least once each 
165.17  year, the commissioner of human services, in consultation with 
165.18  the attorney general, may publish a list of the names and other 
165.19  identifying information of no more than 25 persons who: 
165.20     (1) are child support obligors; 
165.21     (2) are at least $10,000 in arrears; 
165.22     (3) are not in compliance with a payment agreement 
165.23  regarding both current support and arrears approved by the 
165.24  district court, a child support magistrate, or the public 
165.25  authority; 
165.26     (4) cannot currently be located by the public authority for 
165.27  the purposes of enforcing a support order; and 
165.28     (5) have not made a support payment except tax intercept 
165.29  payments in the preceding 12 months. 
165.30     Subd. 2.  [IDENTIFYING INFORMATION.] Identifying 
165.31  information may include the obligor's name, last known address, 
165.32  amount owed, date of birth, photograph, the number of children 
165.33  for whom support is owed, and any additional information about 
165.34  the obligor that would assist in identifying or locating the 
165.35  obligor.  The commissioner and attorney general may use posters, 
165.36  media presentations, electronic technology, and other means that 
166.1   the commissioner and attorney general determine are appropriate 
166.2   for dissemination of the information, including publication on 
166.3   the Internet.  The commissioner and attorney general may make 
166.4   any or all of the identifying information regarding these 
166.5   persons public.  Information regarding an obligor who meets the 
166.6   criteria in this section will only be made public after that 
166.7   person's selection by the commissioner and attorney general. 
166.8      Subd. 3.  [NOTICE.] (a) Before making the obligor's name 
166.9   public, the department of human services must send a notice to 
166.10  the obligor's last known address stating the department's 
166.11  intention to make public information on the obligor.  The notice 
166.12  must also provide an opportunity to have the obligor's name 
166.13  removed from the list by paying the arrears or by entering into 
166.14  an agreement to pay the arrears, or by providing information to 
166.15  the public authority that there is good cause not to make the 
166.16  information public.  The notice must include the final date when 
166.17  the payment or agreement can be accepted. 
166.18     (b) The department of human services must obtain the 
166.19  obligee's written consent to make the obligor's name public. 
166.20     Subd. 4.  [NAMES PUBLISHED IN ERROR.] If the commissioner 
166.21  makes a name public under subdivision 1 in error, the 
166.22  commissioner must also offer to publish a printed retraction and 
166.23  a public apology acknowledging that the name was made public in 
166.24  error.  If the person whose name was made public in error elects 
166.25  the public retraction and apology, the retraction and apology 
166.26  must appear in the same medium and the same format as the 
166.27  original notice where the name was listed in error.  In addition 
166.28  to the right of a public retraction and apology, a person whose 
166.29  name was made public in error has a civil action for damages 
166.30  caused by the error. 
166.31     Sec. 69.  [517C.81] [COLLECTION; ARREARS.] 
166.32     Subdivision 1.  [COLLECTION OF ARREARS TO CONTINUE AFTER 
166.33  CHILD IS EMANCIPATED.] Remedies available for collecting and 
166.34  enforcing support in this chapter and chapters 256, 257, and 
166.35  518C also apply to cases in which a child for whom support is 
166.36  owed is emancipated and the obligor owes past support or has 
167.1   accumulated arrears as of the date of the youngest child's 
167.2   emancipation.  Child support arrears under this section include 
167.3   arrears for child support, medical support, child care, 
167.4   pregnancy and birth expenses, and unreimbursed medical expenses 
167.5   as defined in section 517C.15. 
167.6      Subd. 2.  [RETROACTIVE APPLICATION.] This section applies 
167.7   retroactively to support arrears that accrued on or before the 
167.8   date of enactment and to all arrears accruing after the date of 
167.9   enactment. 
167.10     Subd. 3.  [LIMITATIONS.] Past support or pregnancy and 
167.11  confinement expenses ordered for which the obligor has specific 
167.12  court-ordered terms for repayment may not be enforced using 
167.13  drivers' and occupational or professional license suspension, 
167.14  credit bureau reporting, and additional income withholding under 
167.15  section 517C.60, unless the obligor fails to comply with the 
167.16  terms of the court order for repayment. 
167.17     Subd. 4.  [PAYMENT OF ARREARS.] Absent a court order to the 
167.18  contrary, if an arrearage exists at the time a support order 
167.19  would otherwise terminate and section 517C.60 does not apply, 
167.20  the obligor must repay the arrearage in an amount equal to the 
167.21  current support order until all arrears have been paid in full. 
167.22     Subd. 5.  [PAYMENT AGREEMENT.] If arrears exist according 
167.23  to a support order which fails to establish a monthly support 
167.24  obligation in a specific dollar amount, the public authority, if 
167.25  it provides child support collection services, or the obligee 
167.26  may establish a payment agreement.  The payment agreement must 
167.27  equal what the obligor would pay for current child support, plus 
167.28  an additional 20 percent of the current child support 
167.29  obligation, until all arrears are paid in full.  If the obligor 
167.30  fails to enter into or comply with a payment agreement, the 
167.31  public authority, if it provides child support collection 
167.32  services, or the obligee may file a motion in district court or 
167.33  the expedited child support process, if section 484.702 applies, 
167.34  for a court order establishing repayment terms. 
167.35     Sec. 70.  [517C.82] [COLLECTION; REVENUE RECAPTURE.] 
167.36     The public authority may submit debt under chapter 270A 
168.1   only if the obligor is in arrears in court-ordered child support 
168.2   or maintenance payments, or both, in an amount greater than the 
168.3   obligor's total monthly support and maintenance payments or if 
168.4   the debt has been entered and docketed as a judgment. 
168.5      Sec. 71.  [517C.83] [CASE REVIEWER.] 
168.6      The commissioner must make a case reviewer available to 
168.7   obligors and obligees.  The reviewer must be available to answer 
168.8   questions concerning the collection process and to review the 
168.9   collection activity taken.  A reviewer who reasonably believes 
168.10  that a particular action being taken is unreasonable or unfair 
168.11  may make recommendations to the commissioner and the applicable 
168.12  county in regard to the collection action. 
168.13     Sec. 72.  [517C.84] [ATTORNEY FEES; COLLECTION COSTS.] 
168.14     Subdivision 1.  [GENERAL.] (a) A child support obligee is 
168.15  entitled to recover from the obligor reasonable attorney fees 
168.16  and other collection costs incurred to enforce a child support 
168.17  judgment, as provided in this section if the child support 
168.18  arrears are: 
168.19     (1) at least $500; 
168.20     (2) at least 90 days past due; and 
168.21     (3) docketed as a judgment under sections 548.09 and 
168.22  548.091. 
168.23     (b) If the obligor pays in full the judgment rendered under 
168.24  section 548.091 within 20 days of receipt of notice of entry of 
168.25  judgment, the obligee is not entitled to recover attorney fees 
168.26  or collection costs under this section. 
168.27     Subd. 2.  [ENFORCEMENT.] Attorney fees and collection costs 
168.28  obtained under this section are considered child support and 
168.29  entitled to the applicable remedies for child support collection 
168.30  and enforcement. 
168.31     Subd. 3.  [NOTICE TO PUBLIC AUTHORITY.] If the public 
168.32  authority is a party to a case, an obligee must provide written 
168.33  notice to the public authority within five days of: 
168.34     (1) contracting with an attorney or collection entity to 
168.35  enforce a child support judgment; or 
168.36     (2) receipting payments received on a child support 
169.1   judgment. 
169.2      Subd. 4.  [NOTICE TO OBLIGOR; HEARING.] (a) The obligee 
169.3   must serve notice of the obligee's intent to recover attorney 
169.4   fees and collection costs by certified or registered mail on the 
169.5   obligor at the obligor's last known address.  The notice must 
169.6   itemize the attorney fees and collection costs being sought by 
169.7   the obligee.  It must inform the obligor that the fees and costs 
169.8   will become an additional judgment for child support unless, 
169.9   within 20 days of mailing of the notice, the obligor requests a 
169.10  hearing: 
169.11     (1) on the reasonableness of the fees and costs; or 
169.12     (2) to contest the child support judgment on grounds 
169.13  limited to mistake of fact. 
169.14     (b) If the obligor requests a hearing, the only issues to 
169.15  be determined by the court are: 
169.16     (1) whether the attorney fees or collection costs were 
169.17  reasonably incurred by the obligee for the enforcement of a 
169.18  child support judgment against the obligor; or 
169.19     (2) the validity of the child support judgment on grounds 
169.20  limited to mistake of fact. 
169.21     (c) The fees and costs may not exceed 30 percent of the 
169.22  arrears.  The court may modify the amount of attorney fees and 
169.23  costs as appropriate and must enter judgment accordingly. 
169.24     (d) If the obligor fails to request a hearing within 20 
169.25  days of mailing of the notice under paragraph (a), the amount of 
169.26  the attorney fees or collection costs requested by the obligee 
169.27  in the notice automatically becomes an additional judgment for 
169.28  child support. 
169.29     Subd. 5.  [FORMS.] The state court administrator must 
169.30  prepare and make available to the court and the parties forms 
169.31  for use in providing for notice and requesting a hearing under 
169.32  this section. 
169.33     Sec. 73.  [517C.99] [REQUIRED NOTICES.] 
169.34     Subdivision 1.  [REQUIREMENT.] Every court order or 
169.35  judgment and decree that provides for child support, spousal 
169.36  maintenance, custody, or parenting time must contain certain 
170.1   notices as set out in subdivision 3.  The information in the 
170.2   notices must be concisely stated in plain language.  The notices 
170.3   must be in clearly legible print, but may not exceed two pages.  
170.4   An order or judgment and decree without the notice remains 
170.5   subject to all statutes.  The court may waive all or part of the 
170.6   notice required under subdivision 3 relating to parental rights 
170.7   if it finds it is necessary to protect the welfare of a party or 
170.8   child. 
170.9      Subd. 2.  [COPIES OF LAWS AND FORMS.] The district court 
170.10  administrator must make copies of the sections referred to in 
170.11  subdivision 3 available at no charge and must provide forms to 
170.12  request or contest attorney fees and collection costs under 
170.13  section 517C.84, and cost-of-living increases under section 
170.14  517C.31. 
170.15     Subd. 3.  [CONTENTS.] The required notices must be 
170.16  substantially as follows: 
170.17                         IMPORTANT NOTICE 
170.18  1.  PAYMENTS TO PUBLIC AGENCY 
170.19     According to Minnesota Statutes, section 517C.35, payments 
170.20     ordered for maintenance and support must be paid to the 
170.21     public agency responsible for child support enforcement as 
170.22     long as the person entitled to receive the payments is 
170.23     receiving or has applied for public assistance or has 
170.24     applied for support and maintenance collection services.  
170.25     MAIL PAYMENTS TO: 
170.26  2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
170.27  FELONY 
170.28     A person may be charged with a felony who conceals a minor 
170.29     child or takes, obtains, retains, or fails to return a 
170.30     minor child from or to the child's parent (or person with 
170.31     custodial or visitation rights), according to Minnesota 
170.32     Statutes, section 609.26.  A copy of that section is 
170.33     available from any district court clerk. 
170.34  3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 
170.35     A person who fails to pay court-ordered child support or 
170.36     maintenance may be charged with a crime, which may include 
171.1      misdemeanor, gross misdemeanor, or felony charges, 
171.2      according to Minnesota Statutes, section 609.375.  A copy 
171.3      of that section is available from any district court clerk. 
171.4   4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 
171.5      (a) Payment of support or spousal maintenance is to be as 
171.6      ordered, and the giving of gifts or making purchases of 
171.7      food, clothing, and the like will not fulfill the 
171.8      obligation. 
171.9      (b) Payment of support must be made as it becomes due, and 
171.10     failure to secure or denial of parenting time is NOT an 
171.11     excuse for nonpayment, but the aggrieved party must seek 
171.12     relief through a proper motion filed with the court. 
171.13     (c) Nonpayment of support is not grounds to deny parenting 
171.14     time.  The party entitled to receive support may apply for 
171.15     support and collection services, file a contempt motion, or 
171.16     obtain a judgment as provided in Minnesota Statutes, 
171.17     section 548.091.  
171.18     (d) The payment of support or spousal maintenance takes 
171.19     priority over payment of debts and other obligations. 
171.20     (e) A party who accepts additional obligations of support 
171.21     does so with the full knowledge of the party's prior 
171.22     obligation under this proceeding. 
171.23     (f) Child support or maintenance is based on annual income, 
171.24     and it is the responsibility of a person with seasonal 
171.25     employment to budget income so that payments are made 
171.26     throughout the year as ordered. 
171.27     (g) If the obligor is laid off from employment or receives 
171.28     a pay reduction, support may be reduced, but only if the 
171.29     obligor or public authority serves and files a motion to 
171.30     reduce the support with the court.  Any reduction will take 
171.31     effect only if ordered by the court and may only relate 
171.32     back to the time that the obligor files a motion.  If the 
171.33     obligor or public authority does not file a motion, the 
171.34     support obligation will continue at the current level.  The 
171.35     court is not permitted to reduce support retroactively, 
171.36     except as provided in Minnesota Statutes, section 517C.29. 
172.1      (h) Reasonable parenting time guidelines are contained in 
172.2      Appendix B, which is available from the court administrator.
172.3      (i) The nonpayment of support may be enforced through the 
172.4      denial of student grants; interception of state and federal 
172.5      tax refunds; suspension of driver's, recreational, and 
172.6      occupational licenses; referral to the department of 
172.7      revenue or private collection agencies; seizure of assets, 
172.8      including bank accounts and other assets held by financial 
172.9      institutions; reporting to credit bureaus; interest 
172.10     charging, income withholding, and contempt proceedings; and 
172.11     other enforcement methods allowed by law.  
172.12  5.  PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 
172.13     Unless otherwise provided by the court: 
172.14     (a) Each party has the right of access to, and to receive 
172.15     copies of, school, medical, dental, religious training, and 
172.16     other important records and information about the minor 
172.17     child.  Each party has the right of access to information 
172.18     regarding health or dental insurance available to the minor 
172.19     child.  Presentation of a copy of this order to the 
172.20     custodian of a record or other information about the minor 
172.21     child constitutes sufficient authorization for the release 
172.22     of the record or information to the requesting party. 
172.23     (b) Each party must keep the other informed as to the name 
172.24     and address of the school of attendance of the minor 
172.25     child.  Each party has the right to be informed by school 
172.26     officials about the child's welfare, educational progress 
172.27     and status, and to attend school and parent teacher 
172.28     conferences.  The school is not required to hold a separate 
172.29     conference for each party. 
172.30     (c) In case of an accident or serious illness of a minor 
172.31     child, each party must notify the other party of the 
172.32     accident or illness, and the name of the health care 
172.33     provider and the place of treatment. 
172.34     (d) Each party has the right of reasonable access and 
172.35     telephone contact with the minor child. 
172.36  6.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
173.1      Child support and/or spousal maintenance may be withheld 
173.2      from income, with or without notice to the person obligated 
173.3      to pay, when the conditions of Minnesota Statutes, sections 
173.4      517C.52 to 517C.62, have been met.  A copy of those 
173.5      sections is available from any district court clerk. 
173.6   7.  CHANGE OF ADDRESS OR RESIDENCE 
173.7      Unless otherwise ordered, each party must notify the other 
173.8      party, the court, and the public authority responsible for 
173.9      collection, if applicable, of the following information 
173.10     within ten days of any change:  the residential and mailing 
173.11     address, telephone number, driver's license number, social 
173.12     security number, and name, address, and telephone number of 
173.13     the employer. 
173.14  8.  COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 
173.15     Child support and/or spousal maintenance may be adjusted 
173.16     every two years based upon a change in the cost of living 
173.17     (using Department of Labor Consumer Price Index .........., 
173.18     unless otherwise specified in this order) when the 
173.19     conditions of Minnesota Statutes, section 517C.31, are met. 
173.20     Cost-of-living increases are compounded.  A copy of 
173.21     Minnesota Statutes, section 517C.31, and forms necessary to 
173.22     request or contest a cost-of-living increase are available 
173.23     from any district court clerk. 
173.24  9.  JUDGMENTS FOR UNPAID SUPPORT 
173.25     If a person fails to make a child support payment, the 
173.26     payment owed becomes a judgment against the person 
173.27     responsible to make the payment by operation of law on or 
173.28     after the date the payment is due, and the person entitled 
173.29     to receive the payment or the public agency may obtain 
173.30     entry and docketing of the judgment WITHOUT NOTICE to the 
173.31     person responsible to make the payment under Minnesota 
173.32     Statutes, section 548.091.  Interest begins to accrue on a 
173.33     payment or installment of child support whenever the unpaid 
173.34     amount due is greater than the current support due, 
173.35     according to Minnesota Statutes, section 548.091, 
173.36     subdivision 1a.  
174.1   10.  JUDGMENTS FOR UNPAID SPOUSAL MAINTENANCE 
174.2      A judgment for unpaid spousal maintenance may be entered 
174.3      when the conditions of Minnesota Statutes, section 548.091, 
174.4      are met.  A copy of that section is available from any 
174.5      district court clerk. 
174.6   11.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
174.7   SUPPORT 
174.8      A judgment for attorney fees and other collection costs 
174.9      incurred in enforcing a child support order will be entered 
174.10     against the person responsible to pay support when the 
174.11     conditions of Minnesota Statutes, section 517C.84, are 
174.12     met.  A copy of Minnesota Statutes, section 517C.84, and 
174.13     forms necessary to request or contest these attorney fees 
174.14     and collection costs are available from any district court 
174.15     clerk. 
174.16  12.  PARENTING TIME EXPEDITOR PROCESS 
174.17     On request of either party or on its own motion, the court 
174.18     may appoint a parenting time expeditor to resolve parenting 
174.19     time disputes under Minnesota Statutes, section 517B.26.  A 
174.20     copy of that section and a description of the expeditor 
174.21     process is available from any district court clerk. 
174.22  13.  PARENTING TIME REMEDIES AND PENALTIES 
174.23     Remedies and penalties for the wrongful denial of parenting 
174.24     time are available under Minnesota Statutes, section 
174.25     517B.25, subdivision 7.  These include compensatory 
174.26     parenting time, civil penalties, bond requirements, 
174.27     contempt, and reversal of custody.  A copy of that 
174.28     subdivision and forms for requesting relief are available 
174.29     from any district court clerk. 
174.30     Sec. 74.  [APPROPRIATIONS.] 
174.31     $....... is appropriated in fiscal year 2004 and $....... 
174.32  is appropriated in fiscal year 2005 from the general fund to the 
174.33  commissioner of human services to fund implementation of the 
174.34  Minnesota Child Support Act and to reimburse counties for their 
174.35  implementation costs.  The commissioner of human services shall 
174.36  devise an equitable system to reimburse counties for their costs 
175.1   of implementing the Minnesota Child Support Act.  This is a 
175.2   onetime appropriation. 
175.3      $....... is appropriated in fiscal year 2004 and $....... 
175.4   is appropriated in fiscal year 2005 from the general fund to the 
175.5   supreme court administrator to fund implementation of the 
175.6   Minnesota Child Support Act.  This is a onetime appropriation. 
175.7      Sec. 75.  [REVISOR'S INSTRUCTION.] 
175.8      (a) The revisor of statutes must correct internal cross 
175.9   references to sections that are now in Minnesota Statutes, 
175.10  chapter 517C, throughout Minnesota Statutes and Minnesota Rules. 
175.11     (b) If a provision of a section of Minnesota Statutes 
175.12  amended by this act is amended by the 2003 regular legislative 
175.13  session or 2003 special legislative session, if any, the revisor 
175.14  shall codify the amendment consistent with the recodification of 
175.15  the affected section by this act, notwithstanding any law to the 
175.16  contrary.  In sections affected by this instruction, the revisor 
175.17  may make changes necessary to correct the punctuation, grammar, 
175.18  or structure of the remaining text and preserve its meaning. 
175.19     Sec. 76.  [REPEALER.] 
175.20     Minnesota Statutes 2002, sections 518.111; 518.171; 
175.21  518.255; 518.54, subdivisions 2, 4a, 13, and 14; 518.551; 
175.22  518.5513; 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 
175.23  518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617; 
175.24  518.618; 518.6195; 518.6196; and 518.68, are repealed. 
175.25     Sec. 77.  [EFFECTIVE DATE.] 
175.26     Articles 1 to 3 are effective January 1, 2005. 
175.27                             ARTICLE 4
175.28                 MISCELLANEOUS CIVIL LAW PROVISIONS
175.29     Section 1.  Minnesota Statutes 2002, section 484.76, 
175.30  subdivision 1, is amended to read: 
175.31     Subdivision 1.  [GENERAL.] The supreme court shall 
175.32  establish a statewide alternative dispute resolution program for 
175.33  the resolution of civil cases filed with the courts.  The 
175.34  supreme court shall adopt rules governing practice, procedure, 
175.35  and jurisdiction for alternative dispute resolution programs 
175.36  established under this section.  Except for matters involving 
176.1   family law and harassment restraining order actions under 
176.2   section 609.748, the rules shall require the use of nonbinding 
176.3   alternative dispute resolution processes in all civil cases, 
176.4   except for good cause shown by the presiding judge, and must 
176.5   provide an equitable means for the payment of fees and expenses 
176.6   for the use of alternative dispute resolution processes. 
176.7      Sec. 2.  Minnesota Statutes 2002, section 517.05, is 
176.8   amended to read: 
176.9      517.05 [CREDENTIALS OF MINISTER OR MEJ KOOB.] 
176.10     Subdivision 1.  [MINISTER.] Ministers of any religious 
176.11  denomination, before they are authorized to solemnize a 
176.12  marriage, shall file a copy of their credentials of license or 
176.13  ordination with the court administrator of the district court of 
176.14  a county in this state, who shall record the same and give a 
176.15  certificate thereof.  The place where the credentials are 
176.16  recorded shall be endorsed upon and recorded with each 
176.17  certificate of marriage granted by a minister. 
176.18     Subd. 2.  [MEJ KOOB.] Before a Mej Koob is authorized to 
176.19  solemnize a marriage, the Mej Koob shall file a signed statement 
176.20  with the court administrator in any county in the state 
176.21  indicating the person's intent to solemnize Hmong marriages as 
176.22  provided in section 517.18, subdivision 4a.  The court 
176.23  administrator shall record the statement and give the person a 
176.24  certificate indicating the person's authority to solemnize those 
176.25  marriages.  The place where the statement is recorded must be 
176.26  endorsed upon and recorded with each certificate of marriage 
176.27  granted by the Mej Koob. 
176.28     Sec. 3.  Minnesota Statutes 2002, section 517.18, is 
176.29  amended to read: 
176.30     517.18 [MARRIAGE SOLEMNIZATION.] 
176.31     Subdivision 1.  [FRIENDS.] All Marriages solemnized among 
176.32  the people called Friends or Quakers, in the form heretofore 
176.33  practiced and in use in their meetings, shall be valid and not 
176.34  affected by any of the foregoing provisions.  The clerk of the 
176.35  meeting in which such marriage is solemnized, within one month 
176.36  after any such marriage, shall deliver a certificate of the same 
177.1   to the court administrator of the district court of the county 
177.2   where the marriage took place, under penalty of not more than 
177.3   $100.  Such certificate shall be filed and recorded by the court 
177.4   administrator under a like penalty.  If such marriage does not 
177.5   take place in such meeting, such certificate shall be signed by 
177.6   the parties and at least six witnesses present, and shall be 
177.7   filed and recorded as above provided under a like penalty. 
177.8      Subd. 2.  [BAHA'I.] Marriages may be solemnized among 
177.9   members of the Baha'i faith by the chair of an incorporated 
177.10  local Spiritual Assembly of the Baha'is, according to the form 
177.11  and usage of such society. 
177.12     Subd. 3.  [BUDDHISTS; HINDUS; MUSLIMS.] Marriages may be 
177.13  solemnized among Buddhists, Hindus, or Muslims by the person 
177.14  chosen by a local Buddhist, Hindu, or Muslim association, 
177.15  according to the form and usage of their respective religions. 
177.16     Subd. 4.  [AMERICAN INDIANS.] Marriages may be solemnized 
177.17  among American Indians according to the form and usage of their 
177.18  religion by an Indian Mide' or holy person chosen by the parties 
177.19  to the marriage. 
177.20     Subd. 4a.  [HMONG.] Marriages may be solemnized among Hmong 
177.21  by the Mej Koob, according to the form and usage of Hmong 
177.22  culture.  
177.23     Subd. 5.  Nothing in subdivisions 2 to 4 4a shall be 
177.24  construed to alter the requirements of section 517.01, 517.09, 
177.25  or 517.10. 
177.26     Subd. 6.  [FILING OF CERTIFICATE.] Within one month after a 
177.27  marriage is solemnized in any manner specified in subdivisions 2 
177.28  to 4a, the solemnizer shall deliver a certificate of the 
177.29  marriage to the district court of the county where the marriage 
177.30  took place, under penalty of up to $100 for failing to do so.  
177.31  The certificate must be filed and recorded by the court 
177.32  administrator, under penalty of up to $100 for failing to do so. 
177.33     For marriages solemnized under subdivision 1, the clerk of 
177.34  the meeting shall deliver the certificate.  If the marriage does 
177.35  not take place in a meeting, the certificate must be signed by 
177.36  the parties and at least six witnesses present. 
178.1      Subd. 7.  [APPLICATION OF OTHER LAW.] Nothing in this 
178.2   section authorizes the solemnization of a marriage in violation 
178.3   of section 517.02 or any other provision of this chapter or 
178.4   solemnization of a marriage to which both parties do not 
178.5   voluntarily consent. 
178.6      Sec. 4.  Minnesota Statutes 2002, section 518.58, 
178.7   subdivision 4, is amended to read: 
178.8      Subd. 4.  [PENSION PLANS.] (a) The division of marital 
178.9   property that represents pension plan benefits or rights in the 
178.10  form of future pension plan payments:  
178.11     (1) is payable only to the extent of the amount of the 
178.12  pension plan benefit payable under the terms of the plan; 
178.13     (2) is not payable for a period that exceeds the time that 
178.14  pension plan benefits are payable to the pension plan benefit 
178.15  recipient; 
178.16     (3) is not payable in a lump sum amount from defined 
178.17  benefit pension plan assets attributable in any fashion to a 
178.18  spouse with the status of an active member, deferred retiree, or 
178.19  benefit recipient of a pension plan; 
178.20     (4) if the former spouse to whom the payments are to be 
178.21  made dies prior to the end of the specified payment period with 
178.22  the right to any remaining payments accruing to an estate or to 
178.23  more than one survivor, is payable only to a trustee on behalf 
178.24  of the estate or the group of survivors for subsequent 
178.25  apportionment by the trustee; and 
178.26     (5) in the case of defined benefit public pension plan 
178.27  benefits or rights, may not commence until the public plan 
178.28  member submits a valid application for a public pension plan 
178.29  benefit and the benefit becomes payable. 
178.30     (b) The individual retirement account plans established 
178.31  under chapter 354B may provide in its plan document, if 
178.32  published and made generally available, for an alternative 
178.33  marital property division or distribution of individual 
178.34  retirement account plan assets.  If an alternative division or 
178.35  distribution procedure is provided, it applies in place of 
178.36  paragraph (a), clause (5). 
179.1      Sec. 5.  Minnesota Statutes 2002, section 518.64, is 
179.2   amended by adding a subdivision to read: 
179.3      Subd. 7.  [MILITARY SERVICE.] (a) An increase or decrease 
179.4   in an obligor's income because of active military service is 
179.5   grounds for a motion for a temporary modification of support 
179.6   even if the increase or decrease in the obligor's income would 
179.7   not otherwise qualify for modification under this section. 
179.8      (b) If an obligor who makes a motion to modify support is 
179.9   unable to appear at a proceeding because of being called into 
179.10  active military service, the court must, upon request of the 
179.11  obligor, stay further proceedings until the obligor returns from 
179.12  active military service or is able to appear by alternate 
179.13  means.  If the obligor chooses to proceed without appearing, the 
179.14  court may determine the current support obligation based upon 
179.15  documentary evidence of the obligor's income without requiring 
179.16  the obligor's appearance.  The state court administrator shall 
179.17  prepare a form to allow an obligor to request a modification 
179.18  without appearance. 
179.19     (c) If there has been a modification under this 
179.20  subdivision, the obligor's return from active military service 
179.21  is grounds for a motion for modification of support even if the 
179.22  increase or decrease in the obligor's income would not otherwise 
179.23  qualify for a modification under this section. 
179.24     (d) An obligor whose support obligation has been modified 
179.25  under this subdivision shall notify the obligee and the public 
179.26  authority, if the public authority is providing support 
179.27  enforcement services, within 30 days of the obligor's return 
179.28  from active military service.  
179.29     (e) A modification under this subdivision is temporary and 
179.30  effective until the obligor returns from active military service 
179.31  or for two years after the modification takes effect under this 
179.32  subdivision, whichever occurs earlier. 
179.33     (f) For purposes of this subdivision, "active military 
179.34  service" has the meaning given to the term "active service" in 
179.35  section 190.05, subdivision 5, when the obligor has been ordered 
179.36  to active military service for 30 or more days. 
180.1      Sec. 6.  Minnesota Statutes 2002, section 626.556, 
180.2   subdivision 2, is amended to read: 
180.3      Subd. 2.  [DEFINITIONS.] As used in this section, the 
180.4   following terms have the meanings given them unless the specific 
180.5   content indicates otherwise: 
180.6      (a) "Sexual abuse" means the subjection of a child by a 
180.7   person responsible for the child's care, by a person who has a 
180.8   significant relationship to the child, as defined in section 
180.9   609.341, or by a person in a position of authority, as defined 
180.10  in section 609.341, subdivision 10, to any act which constitutes 
180.11  a violation of section 609.342 (criminal sexual conduct in the 
180.12  first degree), 609.343 (criminal sexual conduct in the second 
180.13  degree), 609.344 (criminal sexual conduct in the third degree), 
180.14  609.345 (criminal sexual conduct in the fourth degree), or 
180.15  609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
180.16  abuse also includes any act which involves a minor which 
180.17  constitutes a violation of prostitution offenses under sections 
180.18  609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
180.19  sexual abuse.  
180.20     (b) "Person responsible for the child's care" means (1) an 
180.21  individual functioning within the family unit and having 
180.22  responsibilities for the care of the child such as a parent, 
180.23  guardian, or other person having similar care responsibilities, 
180.24  or (2) an individual functioning outside the family unit and 
180.25  having responsibilities for the care of the child such as a 
180.26  teacher, school administrator, other school employees or agents, 
180.27  or other lawful custodian of a child having either full-time or 
180.28  short-term care responsibilities including, but not limited to, 
180.29  day care, babysitting whether paid or unpaid, counseling, 
180.30  teaching, and coaching.  
180.31     (c) "Neglect" means: 
180.32     (1) failure by a person responsible for a child's care to 
180.33  supply a child with necessary food, clothing, shelter, health, 
180.34  medical, or other care required for the child's physical or 
180.35  mental health when reasonably able to do so; 
180.36     (2) failure to protect a child from conditions or actions 
181.1   that seriously endanger the child's physical or mental health 
181.2   when reasonably able to do so; 
181.3      (3) failure to provide for necessary supervision or child 
181.4   care arrangements appropriate for a child after considering 
181.5   factors as the child's age, mental ability, physical condition, 
181.6   length of absence, or environment, when the child is unable to 
181.7   care for the child's own basic needs or safety, or the basic 
181.8   needs or safety of another child in their care; 
181.9      (4) failure to ensure that the child is educated as defined 
181.10  in sections 120A.22 and 260C.163, subdivision 11, which does not 
181.11  include a parent's refusal to provide the parent's child with 
181.12  sympathomimetic medications, consistent with section 125A.09, 
181.13  subdivision 3; 
181.14     (5) nothing in this section shall be construed to mean that 
181.15  a child is neglected solely because the child's parent, 
181.16  guardian, or other person responsible for the child's care in 
181.17  good faith selects and depends upon spiritual means or prayer 
181.18  for treatment or care of disease or remedial care of the child 
181.19  in lieu of medical care; except that a parent, guardian, or 
181.20  caretaker, or a person mandated to report pursuant to 
181.21  subdivision 3, has a duty to report if a lack of medical care 
181.22  may cause serious danger to the child's health.  This section 
181.23  does not impose upon persons, not otherwise legally responsible 
181.24  for providing a child with necessary food, clothing, shelter, 
181.25  education, or medical care, a duty to provide that care; 
181.26     (6) prenatal exposure to a controlled substance, as defined 
181.27  in section 253B.02, subdivision 2, used by the mother for a 
181.28  nonmedical purpose, as evidenced by withdrawal symptoms in the 
181.29  child at birth, results of a toxicology test performed on the 
181.30  mother at delivery or the child at birth, or medical effects or 
181.31  developmental delays during the child's first year of life that 
181.32  medically indicate prenatal exposure to a controlled substance; 
181.33     (7) "medical neglect" as defined in section 260C.007, 
181.34  subdivision 6, clause (5); 
181.35     (8) chronic and severe use of alcohol or a controlled 
181.36  substance by a parent or person responsible for the care of the 
182.1   child that adversely affects the child's basic needs and safety; 
182.2   or 
182.3      (9) emotional harm from a pattern of behavior which 
182.4   contributes to impaired emotional functioning of the child which 
182.5   may be demonstrated by a substantial and observable effect in 
182.6   the child's behavior, emotional response, or cognition that is 
182.7   not within the normal range for the child's age and stage of 
182.8   development, with due regard to the child's culture; or 
182.9      (10) allowing a child to enter into a marriage in violation 
182.10  of section 517.02, allowing a child to enter into a marriage 
182.11  without the child's consent, or otherwise allowing solemnization 
182.12  of a marriage in accordance with form and usage of a particular 
182.13  religion or culture in violation of these provisions, regardless 
182.14  of whether the marriage is solemnized under chapter 517. 
182.15     (d) "Physical abuse" means any physical injury, mental 
182.16  injury, or threatened injury, inflicted by a person responsible 
182.17  for the child's care on a child other than by accidental means, 
182.18  or any physical or mental injury that cannot reasonably be 
182.19  explained by the child's history of injuries, or any aversive or 
182.20  deprivation procedures, or regulated interventions, that have 
182.21  not been authorized under section 121A.67 or 245.825.  Abuse 
182.22  does not include reasonable and moderate physical discipline of 
182.23  a child administered by a parent or legal guardian which does 
182.24  not result in an injury.  Abuse does not include the use of 
182.25  reasonable force by a teacher, principal, or school employee as 
182.26  allowed by section 121A.582.  Actions which are not reasonable 
182.27  and moderate include, but are not limited to, any of the 
182.28  following that are done in anger or without regard to the safety 
182.29  of the child: 
182.30     (1) throwing, kicking, burning, biting, or cutting a child; 
182.31     (2) striking a child with a closed fist; 
182.32     (3) shaking a child under age three; 
182.33     (4) striking or other actions which result in any 
182.34  nonaccidental injury to a child under 18 months of age; 
182.35     (5) unreasonable interference with a child's breathing; 
182.36     (6) threatening a child with a weapon, as defined in 
183.1   section 609.02, subdivision 6; 
183.2      (7) striking a child under age one on the face or head; 
183.3      (8) purposely giving a child poison, alcohol, or dangerous, 
183.4   harmful, or controlled substances which were not prescribed for 
183.5   the child by a practitioner, in order to control or punish the 
183.6   child; or other substances that substantially affect the child's 
183.7   behavior, motor coordination, or judgment or that results in 
183.8   sickness or internal injury, or subjects the child to medical 
183.9   procedures that would be unnecessary if the child were not 
183.10  exposed to the substances; 
183.11     (9) unreasonable physical confinement or restraint not 
183.12  permitted under section 609.379, including but not limited to 
183.13  tying, caging, or chaining; or 
183.14     (10) in a school facility or school zone, an act by a 
183.15  person responsible for the child's care that is a violation 
183.16  under section 121A.58. 
183.17     (e) "Report" means any report received by the local welfare 
183.18  agency, police department, county sheriff, or agency responsible 
183.19  for assessing or investigating maltreatment pursuant to this 
183.20  section. 
183.21     (f) "Facility" means a licensed or unlicensed day care 
183.22  facility, residential facility, agency, hospital, sanitarium, or 
183.23  other facility or institution required to be licensed under 
183.24  sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
183.25  chapter 245B; or a school as defined in sections 120A.05, 
183.26  subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
183.27  personal care provider organization as defined in sections 
183.28  256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
183.29     (g) "Operator" means an operator or agency as defined in 
183.30  section 245A.02.  
183.31     (h) "Commissioner" means the commissioner of human services.
183.32     (i) "Assessment" includes authority to interview the child, 
183.33  the person or persons responsible for the child's care, the 
183.34  alleged perpetrator, and any other person with knowledge of the 
183.35  abuse or neglect for the purpose of gathering the facts, 
183.36  assessing the risk to the child, and formulating a plan.  
184.1      (j) "Practice of social services," for the purposes of 
184.2   subdivision 3, includes but is not limited to employee 
184.3   assistance counseling and the provision of guardian ad litem and 
184.4   parenting time expeditor services.  
184.5      (k) "Mental injury" means an injury to the psychological 
184.6   capacity or emotional stability of a child as evidenced by an 
184.7   observable or substantial impairment in the child's ability to 
184.8   function within a normal range of performance and behavior with 
184.9   due regard to the child's culture. 
184.10     (l) "Threatened injury" means a statement, overt act, 
184.11  condition, or status that represents a substantial risk of 
184.12  physical or sexual abuse or mental injury.  Threatened injury 
184.13  includes, but is not limited to, exposing a child to a person 
184.14  responsible for the child's care, as defined in paragraph (b), 
184.15  clause (1), who has: 
184.16     (1) subjected a child to, or failed to protect a child 
184.17  from, an overt act or condition that constitutes egregious harm, 
184.18  as defined in section 260C.007, subdivision 14, or a similar law 
184.19  of another jurisdiction; 
184.20     (2) been found to be palpably unfit under section 260C.301, 
184.21  paragraph (b), clause (4), or a similar law of another 
184.22  jurisdiction; 
184.23     (3) committed an act that has resulted in an involuntary 
184.24  termination of parental rights under section 260C.301, or a 
184.25  similar law of another jurisdiction; or 
184.26     (4) committed an act that has resulted in the involuntary 
184.27  transfer of permanent legal and physical custody of a child to a 
184.28  relative under section 260C.201, subdivision 11, paragraph (d), 
184.29  clause (1), or a similar law of another jurisdiction. 
184.30     (m) Persons who conduct assessments or investigations under 
184.31  this section shall take into account accepted child-rearing 
184.32  practices of the culture in which a child participates and 
184.33  accepted teacher discipline practices, which are not injurious 
184.34  to the child's health, welfare, and safety. 
184.35     Sec. 7.  Minnesota Statutes 2002, section 626.556, 
184.36  subdivision 3, is amended to read: 
185.1      Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
185.2   knows or has reason to believe a child is being neglected or 
185.3   physically or sexually abused, as defined in subdivision 2, or 
185.4   has been neglected or physically or sexually abused within the 
185.5   preceding three years, shall immediately report the information 
185.6   to the local welfare agency, agency responsible for assessing or 
185.7   investigating the report, police department, or the county 
185.8   sheriff if the person is:  
185.9      (1) a professional or professional's delegate who is 
185.10  engaged in the practice of the healing arts, social services, 
185.11  hospital administration, psychological or psychiatric treatment, 
185.12  child care, education, or law enforcement; or 
185.13     (2) employed as a member of the clergy and received the 
185.14  information while engaged in ministerial duties, provided that a 
185.15  member of the clergy is not required by this subdivision to 
185.16  report information that is otherwise privileged under section 
185.17  595.02, subdivision 1, paragraph (c); or 
185.18     (3) a person who has authority to solemnize a marriage 
185.19  under chapter 517, who has received the information while 
185.20  engaged in the performance of that function.  
185.21     The police department or the county sheriff, upon receiving 
185.22  a report, shall immediately notify the local welfare agency or 
185.23  agency responsible for assessing or investigating the report, 
185.24  orally and in writing.  The local welfare agency, or agency 
185.25  responsible for assessing or investigating the report, upon 
185.26  receiving a report, shall immediately notify the local police 
185.27  department or the county sheriff orally and in writing.  The 
185.28  county sheriff and the head of every local welfare agency, 
185.29  agency responsible for assessing or investigating reports, and 
185.30  police department shall each designate a person within their 
185.31  agency, department, or office who is responsible for ensuring 
185.32  that the notification duties of this paragraph and paragraph (b) 
185.33  are carried out.  Nothing in this subdivision shall be construed 
185.34  to require more than one report from any institution, facility, 
185.35  school, or agency. 
185.36     (b) Any person may voluntarily report to the local welfare 
186.1   agency, agency responsible for assessing or investigating the 
186.2   report, police department, or the county sheriff if the person 
186.3   knows, has reason to believe, or suspects a child is being or 
186.4   has been neglected or subjected to physical or sexual abuse.  
186.5   The police department or the county sheriff, upon receiving a 
186.6   report, shall immediately notify the local welfare agency or 
186.7   agency responsible for assessing or investigating the report, 
186.8   orally and in writing.  The local welfare agency or agency 
186.9   responsible for assessing or investigating the report, upon 
186.10  receiving a report, shall immediately notify the local police 
186.11  department or the county sheriff orally and in writing. 
186.12     (c) A person mandated to report physical or sexual child 
186.13  abuse or neglect occurring within a licensed facility shall 
186.14  report the information to the agency responsible for licensing 
186.15  the facility under sections 144.50 to 144.58; 241.021; 245A.01 
186.16  to 245A.16; or chapter 245B; or a nonlicensed personal care 
186.17  provider organization as defined in sections 256B.04, 
186.18  subdivision 16; and 256B.0625, subdivision 19.  A health or 
186.19  corrections agency receiving a report may request the local 
186.20  welfare agency to provide assistance pursuant to subdivisions 
186.21  10, 10a, and 10b.  A board or other entity whose licensees 
186.22  perform work within a school facility, upon receiving a 
186.23  complaint of alleged maltreatment, shall provide information 
186.24  about the circumstances of the alleged maltreatment to the 
186.25  commissioner of children, families, and learning.  Section 
186.26  13.03, subdivision 4, applies to data received by the 
186.27  commissioner of children, families, and learning from a 
186.28  licensing entity.  
186.29     (d) Any person mandated to report shall receive a summary 
186.30  of the disposition of any report made by that reporter, 
186.31  including whether the case has been opened for child protection 
186.32  or other services, or if a referral has been made to a community 
186.33  organization, unless release would be detrimental to the best 
186.34  interests of the child.  Any person who is not mandated to 
186.35  report shall, upon request to the local welfare agency, receive 
186.36  a concise summary of the disposition of any report made by that 
187.1   reporter, unless release would be detrimental to the best 
187.2   interests of the child. 
187.3      (e) For purposes of this subdivision, "immediately" means 
187.4   as soon as possible but in no event longer than 24 hours. 
187.5      Sec. 8.  [EFFECTIVE DATE.] 
187.6      Section 5 is effective the day following final enactment.