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 	appropriating money; amending Minnesota Statutes 2004,
1.7 	sections 357.021, by adding a subdivision; 518.17,
1.8 	subdivisions 1, 2; 518.1705, subdivision 7; 518.175,
1.9 	subdivision 3, by adding a subdivision; 518.18;
1.10 	518.58, subdivision 4; 518.64, by adding a
1.11 	subdivision; proposing coding for new law in Minnesota
1.12 	Statutes, chapter 518; proposing coding for new law as
1.13 	Minnesota Statutes, chapter 517C; repealing Minnesota
1.14 	Statutes 2004, sections 518.111; 518.171; 518.255;
1.15 	518.54, subdivisions 2, 4a, 13, 14; 518.551,
1.16 	subdivisions 1, 5, 5a, 5b, 5c, 5d, 5e, 5f, 6, 7, 9,
1.17 	11, 12, 13, 13a, 14, 15; 518.5513; 518.553; 518.57;
1.18 	518.575; 518.585; 518.5851; 518.5852; 518.5853;
1.19 	518.61; 518.6111; 518.614; 518.615; 518.616; 518.617;
1.20 	518.618; 518.6195; 518.6196; 518.68.
1.21 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.22 	ARTICLE 1
1.23 	CHILD CUSTODY AND PARENTING TIME

1.24 	Section 1. Minnesota Statutes 2004, section 357.021, is
1.25 	amended by adding a subdivision to read:
1.26 		Subd. 8.Marital dissolution fee. (a) The court
1.27 	administrator shall collect in each proceeding in the district
1.28 	seeking a dissolution of a marriage or a legal separation, in
1.29 	the manner in which other fees are collected, a marital
1.30 	dissolution fee in the amount of $48 from:
1.31 	(1) the petitioner instituting the marital dissolution or
1.32 	legal separation, to be collected at the time of the filing of
1.33 	the first paper; and 
2.1 	(2) the respondent who appears, to be collected at the time
2.2 	of the filing of the first paper by the respondent or at the
2.3 	time when the respondent's appearance is entered in the case.
2.4 	(b) The court administrator shall forward the marital
2.5 	dissolution fee to the commissioner of finance for deposit in
2.6 	the general fund.
2.7 	
EFFECTIVE DATE. This section is effective July 1, 2005.

2.8 	Sec. 2. Minnesota Statutes 2004, section 518.17,
2.9 	subdivision 1, is amended to read:
2.10 		Subdivision 1.The best interests of the child.  (a) "The
2.11 	best interests of the child" means all relevant factors to be
2.12 	considered and evaluated by the court including, but not limited
2.13 	to:
2.14 	(1) the wishes of the child's parent or parents as to
2.15 	custody;
2.16 	(2) the reasonable preference of the child, if the court
2.17 	deems the child to be of sufficient age to express preference;
2.18 	(3) the child's primary caretaker;
2.19 	(4) the intimacy of the relationship between each parent
2.20 	and the child;
2.21 	(5) the interaction and interrelationship of the child with
2.22 	a parent or parents, siblings, and any other person who may
2.23 	significantly affect the child's best interests;
2.24 	(6) the child's adjustment to home, school, and community;
2.25 	(7) the length of time the child has lived in a stable,
2.26 	satisfactory environment and the desirability of maintaining
2.27 	continuity;
2.28 	(8) the permanence, as a family unit, of the existing or
2.29 	proposed custodial home;
2.30 	(9) the mental and physical health of all individuals
2.31 	involved; except that a disability, as defined in section
2.32 	363A.03, of a proposed custodian or the child shall not be
2.33 	determinative of the custody of the child, unless the proposed
2.34 	custodial arrangement is not in the best interest of the child;
2.35 	(10) the capacity and disposition of the parties to give
2.36 	the child love, affection, care,and guidance, to ensure the
3.1 	child a good education, to provide the child with a nurturing
3.2 	environment,and to continue educating and raising the child in
3.3 	the child's culture, language or languages,and religion or
3.4 	creed, if any;
3.5 	(11) the child's cultural, linguistic, and religious 
3.6 	background;
3.7 	(12) the effect on the child of the actions of an abuser,
3.8 	if related to domestic abuse, as defined in section 518B.01,
3.9 	that has occurred between the parents or between a parent and
3.10 	another individual, whether or not the individual alleged to
3.11 	have committed domestic abuse is or ever was a family or
3.12 	household member of the parent; and 
3.13 	(13) except in cases in which a finding of domestic abuse
3.14 	as defined in section 518B.01 has been made,the disposition of
3.15 	each parent to encourage and permit frequent and continuing
3.16 	contact by the other parent with the child.;
3.17 	(14) any addiction to alcohol or other habituating
3.18 	substances or physical or sexual abuse attributable to either
3.19 	parent or any person living with either parent insofar as the
3.20 	acts, addiction, violence, or habits may adversely affect the
3.21 	child; and 
3.22 	(15) any false allegations made in bad faith by one parent
3.23 	against the other parent or anybody living with the other parent
3.24 	to gain unfair advantage in the custody determination.
3.25 	The court may not use one factor to the exclusion of all
3.26 	others.  The primary caretaker factor may not be used as a
3.27 	presumption in determining the best interests of the child.  The
3.28 	court must make detailed findings on each of the factors and
3.29 	explain how the factors led to its conclusions and to the
3.30 	determination of the best interests of the child.
3.31 	(b) The court shall not consider conduct of a proposed
3.32 	custodian that does not affect the custodian's relationship to
3.33 	the child.In determining the best interests of the child, the
3.34 	court may not use any one factor to the exclusion of all others,
3.35 	may not use the primary caretaker factor as a presumption, may
3.36 	not prefer one parent over the other on account of gender, and
4.1 	must make detailed findings of each relevant factor and explain
4.2 	how each has led to the conclusion reached, unless the
4.3 	presumption set forth in subdivision 2, paragraph (a), is
4.4 	applied and followed.
4.5 	
EFFECTIVE DATE. This section is effective July 1, 2007.

4.6 	Sec. 3. Minnesota Statutes 2004, section 518.17,
4.7 	subdivision 2, is amended to read:
4.8 		Subd. 2.factors when joint custody is sought rebuttable
4.9 	presumptions in child custody disputes. In addition to the
4.10 	factors listed in subdivision 1, where either joint legal or
4.11 	joint physical custody is contemplated or sought, the court
4.12 	shall consider the following relevant factors:
4.13 	(a) the ability of parents to cooperate in the rearing of
4.14 	their children;The court shall use a rebuttable presumption
4.15 	that joint legal and physical custody is in the best interests
4.16 	of the child.  Any departure from that presumption must be
4.17 	justified by detailed findings.  Whenever it appears that the
4.18 	parents have difficulty in communication or cooperation with
4.19 	respect to the child, the court may establish rules which govern
4.20 	in case of disagreement between them.
4.21 	(b) methods for resolving disputes regarding any major
4.22 	decision concerning the life of the child, and the parents'
4.23 	willingness to use those methods;If it appears that both
4.24 	parents are fit, but that joint legal and physical custody is
4.25 	not feasible and cannot be remedied by rules which govern in
4.26 	case of disagreement between the parents, the court shall use a
4.27 	rebuttable presumption that the best interests of the child will
4.28 	be served by granting legal and physical custody to the parent
4.29 	more disposed to encourage and permit frequent and continuing
4.30 	contact with the child by the other parent.  Any departure from
4.31 	that presumption must be justified by detailed findings.
4.32 	(c) whether it would be detrimental to the child if one
4.33 	parent were to have sole authority over the child's upbringing;
4.34 	and 
4.35 	(d) whether domestic abuse, as defined in section 518B.01,
4.36 	has occurred between the parents.
5.1 	The court shall use a rebuttable presumption that upon
5.2 	request of either or both parties, joint legal custody is in the
5.3 	best interests of the child.  However,The court shall use a
5.4 	rebuttable presumption that joint legal or physical custody is
5.5 	not in the best interests of the child if domestic abuse, as
5.6 	defined in section 518B.01, has occurred between the
5.7 	parents. Use of that presumption requires detailed findings.
5.8 	If the court awards joint legal or physical custody over
5.9 	the objection of a party, the court shall make detailed findings
5.10 	on each of the factors in this subdivision and explain how the
5.11 	factors led to its determination that joint custody would be in
5.12 	the best interests of the child.
5.13 	
EFFECTIVE DATE. This section is effective July 1, 2007.

5.14 	Sec. 4. Minnesota Statutes 2004, section 518.175, is
5.15 	amended by adding a subdivision to read:
5.16 		Subd. 1b.Parenting time; meaning. "Parenting time"
5.17 	means the amount of time a child is scheduled to spend with the
5.18 	parent according to a court order.  Parenting time includes time
5.19 	with the child whether it is designated as visitation, physical
5.20 	custody, or parenting time.  The percentage of parenting time
5.21 	may be calculated by calculating the number of overnights that a
5.22 	child spends with a parent, or by using a method other than
5.23 	overnights as the parent has significant time periods where the
5.24 	child is in the parent's physical custody, but does not stay
5.25 	overnight.

5.26 	Sec. 5. [518.1781] SIX-MONTH REVIEW.
5.27 	(a) A request for a six-month review hearing form must be
5.28 	attached to a decree of dissolution or legal separation or an
5.29 	order that initially establishes child custody, parenting time,
5.30 	or support rights and obligations of parents.  The state court
5.31 	administrator is requested to prepare the request for review
5.32 	hearing form.  The form must include information regarding the
5.33 	procedures for requesting a hearing, the purpose of the hearing,
5.34 	and any other information regarding a hearing under this section
5.35 	that the state court administrator deems necessary.
5.36 	(b) The six-month review hearing shall be held if any party
6.1 	submits a written request for a hearing within six months after
6.2 	entry of a decree of dissolution or legal separation or order
6.3 	that establishes child custody, parenting time, or support.
6.4 	(c) Upon receipt of a completed request for hearing form,
6.5 	the court administrator shall provide notice of the hearing to
6.6 	all other parties and the public authority.  The court
6.7 	administrator shall schedule the six-month review hearing as
6.8 	soon as practicable following the receipt of the hearing request
6.9 	form.
6.10 	(d) At the six-month hearing, the court must review:
6.11 	(1) whether child support is current; and 
6.12 	(2) whether both parties are complying with the parenting
6.13 	time provisions of the order.
6.14 	(e) At the six-month hearing, the obligor has the burden to
6.15 	present evidence to establish that child support payments are
6.16 	current.  A party may request that the public authority provide
6.17 	information to the parties and court regarding child support
6.18 	payments.  A party must request the information from the public
6.19 	authority at least 14 days before the hearing.  The commissioner
6.20 	of human services must develop a form to be used by the public
6.21 	authority to submit child support payment information to the
6.22 	parties and court.
6.23 	(f) Contempt of court and all statutory remedies for child
6.24 	support and parenting time enforcement may be imposed by the
6.25 	court at the six-month hearing for noncompliance by either party
6.26 	pursuant to chapters 517C and 588 and the Minnesota Court Rules.

6.27 	ARTICLE 2
6.28 	CHILD SUPPORT

6.29 	Section 1. [517C.01] TITLE.
6.30 	This chapter may be cited as the "Minnesota Child Support
6.31 	Act." 

6.32 	Sec. 2. [517C.02] LEGISLATIVE INTENT.
6.33 	The legislature of the state of Minnesota finds that in all
6.34 	cases of dissolution of marriage, separate maintenance,
6.35 	adjudication of paternity, and all other cases in which child
6.36 	support must be apportioned between them, both parents have an
7.1 	equal duty to pay for the actual cost of supplying the
7.2 	reasonable needs of the child or children had in common between
7.3 	them in proportion to their respective incomes and resources.
7.4 	The best interests of the child or children are served, so far
7.5 	as this state is concerned, when this obligation is fairly
7.6 	apportioned.

7.7 	Sec. 3. [517C.03] DEFINITIONS.
7.8 		Subdivision 1.Scope. The definitions in this section
7.9 	apply to this chapter.
7.10 		Subd. 2.Arrears. "Arrears" means amounts owed under a
7.11 	support order that are past due.  Arrears include:
7.12 	(1) child support;
7.13 	(2) the entire amount of court-ordered past support and
7.14 	pregnancy and confinement expenses if:
7.15 	(i) the order does not contain repayment terms; or 
7.16 	(ii) the order contains repayment terms and the obligor
7.17 	fails to comply with the repayment terms; and 
7.18 	(3) attorney fees and any other collection costs addressed
7.19 	in a support order under section 517C.84.
7.20 		Subd. 3.Basic support. "Basic support" means the dollar
7.21 	amount ordered for a child's housing, food, clothing,
7.22 	transportation, and education costs, and other expenses relating
7.23 	to the child's care.  Basic support does not include monetary
7.24 	contributions for a child's private school tuition, child care
7.25 	expenses, and medical and dental expenses.
7.26 		Subd. 4.Business day. "Business day" means a day on
7.27 	which state offices are open for regular business.
7.28 		Subd. 5.Child. "Child" means an individual under 18
7.29 	years of age, an individual under age 20 who is still attending
7.30 	secondary school, or an individual who, by reason of physical or
7.31 	mental condition, is incapable of self-support.
7.32 		Subd. 6.Child support. "Child support" means an amount
7.33 	for basic support, child care support, and medical support
7.34 	pursuant to:
7.35 	(1) an award in a dissolution, legal separation, annulment,
7.36 	or parentage proceeding for the care, support, and education of
8.1 	a child of the marriage or of the parties to the proceeding;
8.2 	(2) a contribution by parents ordered under section 256.87;
8.3 	or 
8.4 	(3) support ordered under chapter 518B or 518C.
8.5 		Subd. 7.Deposit account. "Deposit account" means funds
8.6 	deposited with a financial institution in the form of a savings
8.7 	account, checking account, NOW account, or demand deposit
8.8 	account.
8.9 		Subd. 8.Financial institution. "Financial institution"
8.10 	means a savings association, bank, trust company, credit union,
8.11 	industrial loan and thrift company, bank and trust company, or
8.12 	savings association, and includes a branch or detached facility
8.13 	of a financial institution.
8.14 		Subd. 9.Obligee. "Obligee" means a person to whom
8.15 	payments for child support are owed.
8.16 		Subd. 10.Obligor. "Obligor" means a person obligated to
8.17 	pay child support.  A person who is designated as the sole
8.18 	physical custodian of a child is presumed not to be an obligor
8.19 	for purposes of calculating current support unless the court
8.20 	makes specific written findings to overcome this presumption.
8.21 	For purposes of ordering medical support under section 517C.17,
8.22 	a custodial parent may be an obligor subject to income
8.23 	withholding under section 517C.17; a cost-of-living adjustment
8.24 	under section 517C.31; and a payment agreement under section
8.25 	517C.71.
8.26 		Subd. 11.Payment. "Payment" means the payment of child
8.27 	support and related payments required by order of a tribunal,
8.28 	voluntary support, or statutory fees.
8.29 		Subd. 12.Payor of funds. "Payor of funds" means a
8.30 	person or entity that provides funds to an obligor, including an
8.31 	employer as defined under chapter 24, section 3401(d), of the
8.32 	Internal Revenue Code, an independent contractor, payor of
8.33 	workers' compensation benefits or unemployment insurance
8.34 	benefits, or a financial institution as defined in section
8.35 	13B.06.
8.36 		Subd. 13.Public authority. "Public authority" means the
9.1 	local unit of government, acting on behalf of the state, that is
9.2 	responsible for child support enforcement or the Child Support
9.3 	Enforcement Division of the Department of Human Services.
9.4 		Subd. 14.Support order. (a) "Support order" means a
9.5 	judgment, decree, or order, whether temporary, final, or subject
9.6 	to modification, issued by a court or administrative agency of
9.7 	competent jurisdiction that:
9.8 	(1) provides for the support of a child, including a child
9.9 	who has attained the age of majority under the law of the
9.10 	issuing state, or a child and the parent with whom the child is
9.11 	living;
9.12 	(2) provides for basic support, child care, medical support
9.13 	including expenses for confinement and pregnancy, arrears, or
9.14 	reimbursement; and 
9.15 	(3) may include related costs and fees, interest and
9.16 	penalties, income withholding, and other relief.
9.17 	(b) The definition in paragraph (a) applies to orders
9.18 	issued under this chapter and chapters 256, 257, and 518C.
9.19 		Subd. 15.Tribunal. "Tribunal" has the meaning given in
9.20 	section 518C.101.
9.21 		Subd. 16.Unclaimed support funds. "Unclaimed support
9.22 	funds" means any support payments collected by the public
9.23 	authority from the obligor which have not been disbursed to the
9.24 	obligee or public authority.
9.25 		Subd. 17.Iv-d case. "IV-D case" means a case where a
9.26 	party assigns rights to child support to the state because the
9.27 	party receives public assistance, as defined in section 256.741,
9.28 	or applies for child support services under title IV-D of the
9.29 	Social Security Act, United States Code, title 42, section
9.30 	654(4).

9.31 	Sec. 4. [517C.04] CHILD SUPPORT ORDERS.
9.32 		Subdivision 1.Order. (a) Upon dissolution of marriage,
9.33 	legal separation, annulment, establishment of paternity, or when
9.34 	otherwise required by statute, the court must order child
9.35 	support as provided by this chapter.
9.36 	(b) Nothing contained in this chapter limits the power of
10.1 	the court to make appropriate, adequate orders for the support
10.2 	and education of a child of the parties to a dissolution, legal
10.3 	separation, or annulment action if the dissolution, legal
10.4 	separation, or annulment is denied.
10.5 		Subd. 2.Provisions. Child support orders must provide
10.6 	for general child-rearing costs or basic support and must also
10.7 	specifically address child care costs and medical care,
10.8 	providing for those costs pursuant to this chapter.
10.9 		Subd. 3.Agreements. If the parties stipulate or agree
10.10 	to a child support order, the court must review the agreement to
10.11 	ensure it serves the best interests of the child.  The Minnesota
10.12 	Supreme Court may promulgate rules regarding the review of
10.13 	stipulations and agreements.  The court may refuse to accept or
10.14 	may alter an agreement that does not conform with the
10.15 	requirements of this chapter or that is otherwise not in the
10.16 	best interests of the child.
10.17 		Subd. 4.Specific dollar amount. (a) The court must
10.18 	order child support in a specific dollar amount.
10.19 	(b) The court may order an obligor to pay child support in
10.20 	the form of a percentage share of the obligor's net bonuses,
10.21 	commissions, or other forms of compensation, in addition to or,
10.22 	if the obligor receives no base pay, in lieu of an order for a
10.23 	specific dollar amount.
10.24 		Subd. 5.Preference for monthly payment. There is a
10.25 	presumption in favor of ordering child support in an amount that
10.26 	reflects an obligor's monthly obligation.
10.27 		Subd. 6.Preference for static payment. There is a
10.28 	presumption in favor of ordering child support so that an
10.29 	obligor makes the same monthly payments throughout the year, as
10.30 	opposed to payment amounts that fluctuate by season or month.
10.31 	If the obligor is seasonally employed, it is generally the
10.32 	obligor's responsibility to budget income accordingly.
10.33 		Subd. 7.Departure. The court may depart from a
10.34 	presumption in subdivision 5 or 6 if:
10.35 	(1) all parties agree; or 
10.36 	(2) the presumption would impose an extreme hardship on the
11.1 	obligor and would not be in the best interests of the child.
11.2 		Subd. 8.Accounting for child support by obligee. (a)
11.3 	Upon an obligor's motion, a court may order an obligee to
11.4 	account for the use or disposition of child support received.
11.5 	The motion must assert the specific allegations of abuse or
11.6 	misapplication of child support received and that a child's
11.7 	needs are not being met.  If the court orders a hearing, the
11.8 	court may order an accounting only if the obligor establishes:
11.9 	(1) the specific allegations of abuse or misapplication of
11.10 	child support received;
11.11 	(2) that the child's needs are not being met; and 
11.12 	(3) that there is no record or history of domestic abuse,
11.13 	harassment, or violence between the parties.
11.14 	(b) If the court orders an accounting under paragraph (a),
11.15 	the obligee must provide documentation that breaks down monthly
11.16 	expenditures of child support received into the following
11.17 	categories:
11.18 	(1) housing and utilities;
11.19 	(2) food;
11.20 	(3) transportation;
11.21 	(4) clothing;
11.22 	(5) health care;
11.23 	(6) child care and education; and 
11.24 	(7) miscellaneous.
11.25 	An obligee may account for expenditures on housing, utilities,
11.26 	food, and transportation that are attributable to multiple
11.27 	household members on a per capita basis.
11.28 	(c) If the court finds that an obligee does not make the
11.29 	accounting required under paragraph (b) or the obligee does not
11.30 	spend the entire child support payment on behalf of the child,
11.31 	the court may:
11.32 	(1) hold the obligee in contempt of court pursuant to this
11.33 	chapter, chapter 588, and the Minnesota Court Rules;
11.34 	(2) reduce or eliminate the obligor's child support
11.35 	obligation;
11.36 	(3) order the obligee to make future expenditures on behalf
12.1 	of the child, whether in whole or in part, in a manner that
12.2 	documents the transaction; or 
12.3 	(4) make any other appropriate order to ensure that the
12.4 	child's needs are met.
12.5 	(d) If the court determines that an obligor's motion under
12.6 	this section is brought in bad faith, the court may award
12.7 	reasonable attorney fees to the obligee.
12.8 		Subd. 9.Child support to be distinguished from
12.9 	maintenance. In a judgment of dissolution or legal separation,
12.10 	the court must clearly distinguish between payments ordered for
12.11 	maintenance and payments ordered for child support.  An award of
12.12 	payments from future income or earnings of the parent with whom
12.13 	the child resides is presumed to be maintenance and an award of
12.14 	payments from the future income or earnings of the other parent
12.15 	is presumed to be child support, unless otherwise designated by
12.16 	the court.
12.17 		Subd. 10.Other custodians. If a child resides with a
12.18 	person other than a parent and the court approves of the custody
12.19 	arrangement, the court may order child support payments to be
12.20 	made to the custodian regardless of whether the person has legal
12.21 	custody.
12.22 		Subd. 11.Either parent liable; marital misconduct
12.23 	irrelevant. The court may order either or both parents owing a
12.24 	duty of support to a child to pay an amount reasonable or
12.25 	necessary for the child's support, without regard to marital
12.26 	misconduct.
12.27 	
EFFECTIVE DATE. Subdivision 8 is effective July 1, 2007.

12.28 	Sec. 5. [517C.05] TEMPORARY ORDERS.
12.29 		Subdivision 1.Motion; scope. In a child support
12.30 	proceeding a party may, by motion, request that the court grant
12.31 	a temporary order pending the final disposition of the
12.32 	proceeding for temporary child support, costs, and reasonable
12.33 	attorney fees.  Additionally, to facilitate the just and speedy
12.34 	disposition of the proceeding, the court may require a party to
12.35 	perform or refrain from performing additional acts.
12.36 		Subd. 2.Duration. A temporary order continues in full
13.1 	force and effect until:
13.2 	(1) it is amended;
13.3 	(2) it is vacated;
13.4 	(3) the main action is dismissed; or 
13.5 	(4) a final decree of dissolution, legal separation, or
13.6 	other final order is entered.
13.7 		Subd. 3.Factors. The court must consider the factors
13.8 	set forth in this chapter in making temporary orders.
13.9 		Subd. 4.Evidence. Temporary orders must be made solely
13.10 	on the basis of affidavits and argument of counsel unless:
13.11 	(1) a party makes a timely motion or responsive motion to
13.12 	hear the matter on oral testimony before the court; or 
13.13 	(2) the court, in its discretion, orders the taking of oral
13.14 	testimony.
13.15 		Subd. 5.Limited effect. A temporary order does not
13.16 	prejudice the rights of the parties or the child that are to be
13.17 	adjudicated at subsequent hearings in the proceeding.
13.18 		Subd. 6.Revocation; modification. A temporary order may
13.19 	be revoked or modified by the court before the final disposition
13.20 	of the proceeding upon the same grounds and subject to the same
13.21 	requirements as the initial granting of the order.

13.22 	Sec. 6. [517C.06] DETERMINATION OF CONTROLLING ORDER.
13.23 	The public authority or a party may request the court to
13.24 	determine a controlling order when more than one order involving
13.25 	the same obligor and child exists.

13.26 	Sec. 7. [517C.07] ATTORNEY FEES; COSTS AND
13.27 	DISBURSEMENTS.
13.28 		Subdivision 1.General. (a) Except as provided in
13.29 	section 517C.84, in a proceeding under this chapter, the court
13.30 	must award attorney fees, costs, and disbursements in an amount
13.31 	necessary to enable a party to carry on or contest the
13.32 	proceeding if:
13.33 	(1) the fees are necessary for the good-faith assertion of
13.34 	the party's rights in the proceeding and will not contribute
13.35 	unnecessarily to the length and expense of the proceeding;
13.36 	(2) the party from whom fees, costs, and disbursements are
14.1 	sought has the means to pay them; and 
14.2 	(3) the party to whom fees, costs, and disbursements are
14.3 	awarded does not have the means to pay them.
14.4 	(b) Fees, costs, and disbursements may be awarded at any
14.5 	point during or after a proceeding under this chapter, including
14.6 	if a proceeding is dismissed or abandoned.
14.7 	(c) The court may assess costs and disbursements against
14.8 	either party.
14.9 		Subd. 2.Unreasonable actions. The court may, in its
14.10 	discretion, assess additional fees, costs, and disbursements
14.11 	against a party who unreasonably contributes to the length or
14.12 	expense of the proceeding.
14.13 		Subd. 3.Collection. The court may authorize the
14.14 	collection of money awarded by execution, out of property
14.15 	sequestered, or in any other manner within the power of the
14.16 	court.  An award of attorney fees survives the proceeding.  If
14.17 	the award is not paid by the party directed to pay it, the award
14.18 	may be enforced as provided by this subdivision or by a separate
14.19 	civil action brought in the attorney's own name.

14.20 	Sec. 8. [517C.10] EXCHANGE OF INFORMATION.
14.21 		Subdivision 1.Documentation. (a) The parties must
14.22 	timely serve and file documentation of earnings and income.
14.23 	When there is a prehearing conference, the court must receive
14.24 	the documentation at least ten days before the prehearing
14.25 	conference.
14.26 	(b) Documentation of earnings and income includes, but is
14.27 	not limited to, pay stubs for the most recent three months,
14.28 	employer statements, or statement of receipts and expenses if
14.29 	self-employed.  Documentation of earnings and income also
14.30 	includes copies of each parent's most recent federal tax
14.31 	returns, W-2 forms, 1099 forms, unemployment insurance benefits
14.32 	statements, workers' compensation statements, and all other
14.33 	documents evidencing the receipt of income that provide
14.34 	verification of income over a longer period.
14.35 		Subd. 2.Exchange of tax returns. At any time after a
14.36 	party commences an action seeking child support or when a child
15.1 	support order is in effect, a party or the public authority may
15.2 	require the other party to give them a copy of the other party's
15.3 	most recent federal tax returns that were filed with the
15.4 	Internal Revenue Service.  The party must provide a copy of the
15.5 	tax returns within 30 days of receiving the request unless the
15.6 	request is not made in good faith.  A party may not make a
15.7 	request under this subdivision more than once every two years,
15.8 	in the absence of good cause.
15.9 		Subd. 3.Notice of address or residence change. An
15.10 	obligor must notify other parties of a change of address or
15.11 	residence within 60 days of the address or residence change.
15.12 		Subd. 4.Notice to public authority; public assistance.
 15.13 	The petitioner must notify the public authority of all
15.14 	proceedings for dissolution, legal separation, determination of
15.15 	parentage, or for the custody of a child, if either party is
15.16 	receiving public assistance or applies for it subsequent to the
15.17 	commencement of the proceeding.  The notice must contain the
15.18 	full names of the parties to the proceeding, their Social
15.19 	Security account numbers, and their birth dates.
15.20 		Subd. 5.Failure of notice. If the court in a
15.21 	dissolution, legal separation, or determination of parentage
15.22 	proceeding, finds before issuing the order for judgment and
15.23 	decree, that notification has not been given to the public
15.24 	authority, the court must set child support according to the
15.25 	guidelines in this chapter.  In those proceedings in which no
15.26 	notification has been made pursuant to this section and in which
15.27 	the public authority determines that the judgment is lower than
15.28 	the child support required by the guidelines in this chapter, it
15.29 	must move the court for a redetermination of the support
15.30 	payments ordered so that the support payments comply with the
15.31 	guidelines.

15.32 	Sec. 9. [517C.11] PRIVACY PROTECTION; PERSONAL
15.33 	PROTECTION.
15.34 		Subdivision 1.Social security numbers; tax returns. The
15.35 	Social Security numbers and tax returns required under this
15.36 	chapter are not accessible to the public, except that they must
16.1 	be disclosed to the other parties to a proceeding as provided in
16.2 	section 517C.10.
16.3 		Subd. 2.Modification of certain requirements. The court
16.4 	may waive, modify, or limit the information exchange
16.5 	requirements of this chapter by order if necessary to protect a
16.6 	party from contact by another party.
16.7 		Subd. 3.Access to address for service of process. (a)
16.8 	If the public authority is a party or is providing services in a
16.9 	child support case, a party may obtain an ex parte order under
16.10 	this subdivision.  The party may obtain an ex parte order
16.11 	requiring the public authority to serve legal documents on the
16.12 	other party by mail if the party submits a sworn affidavit to
16.13 	the court stating that:
16.14 	(1) the party needs to serve legal process in a support
16.15 	proceeding and does not have access to the address of the other
16.16 	party;
16.17 	(2) the party has made reasonable efforts to locate the
16.18 	other party; and 
16.19 	(3) the other party is not represented by counsel.
16.20 	(b) The public authority must serve legal documents
16.21 	provided by the moving party at the last known address of the
16.22 	other party upon receipt of a court order under paragraph (a).
16.23 	The public authority must provide for appropriate service and
16.24 	must certify to all parties the date of service by mail.  The
16.25 	public authority's proof of service must not include the place
16.26 	or address of service.
16.27 	(c) The state court administrator must prepare and make
16.28 	available forms for use in seeking access to an address under
16.29 	this subdivision.

16.30 	Sec. 10. [517C.12] INCOME.
16.31 		Subdivision 1.Definition. For purposes of calculating
16.32 	child support under this chapter, "income" means gross income.
16.33 		Subd. 2.Sources. For purposes of this chapter, income
16.34 	includes any form of periodic payment to an individual
16.35 	including, but not limited to:
16.36 	(1) wages;
17.1 	(2) salaries;
17.2 	(3) payments to an independent contractor;
17.3 	(4) workers' compensation;
17.4 	(5) unemployment insurance benefits;
17.5 	(6) annuity;
17.6 	(7) military and naval retirement;
17.7 	(8) pension and disability payments; and 
17.8 	(9) in-kind payments received by the obligor in the course
17.9 	of employment, self-employment, or operation of a business if
17.10 	the payments reduce the obligor's living expenses.
17.11 		Subd. 3.Commissions; bonuses. If the court finds that a
17.12 	party's commissions or bonuses are reliable and predictable, the
17.13 	court may include them in income calculations.
17.14 		Subd. 4.Self-employment; independent contractors.
 17.15 	Income from self-employment is equal to gross receipts minus
17.16 	ordinary and necessary expenses.  Ordinary and necessary
17.17 	expenses include what would otherwise be the employer's share of
17.18 	the contributions under the Federal Insurance Contributions Act
17.19 	(FICA), United States Code, title 26, subtitle C, chapter 21,
17.20 	subchapter A, sections 3101 to 3126.  Ordinary and necessary
17.21 	expenses do not necessarily include amounts allowed by the
17.22 	Internal Revenue Service for accelerated depreciation expenses
17.23 	or investment tax credits or any other business expenses
17.24 	determined by the court to be inappropriate for determining
17.25 	income for purposes of child support.  The person seeking to
17.26 	deduct an expense, including depreciation, has the burden of
17.27 	proving, if challenged, that the expense is ordinary and
17.28 	necessary.  Income calculated under this section may be
17.29 	different from taxable income.
17.30 		Subd. 5.Public assistance exclusions. Benefits received
17.31 	under chapter 256J and title IV-A of the Social Security Act are
17.32 	not income under this section.
17.33 		Subd. 6.Overtime. (a) Income does not include
17.34 	compensation received by a party for employment in excess of a
17.35 	40-hour work week if:
17.36 	(1) the excess employment is not within the normal range of
18.1 	hours worked, given the party's employment history;
18.2 	(2) the excess employment is voluntary and not a condition
18.3 	of employment;
18.4 	(3) the excess employment is in the nature of additional,
18.5 	part-time, or overtime employment compensable by the hour or
18.6 	fraction of an hour; and 
18.7 	(4) the party's compensation structure has not been changed
18.8 	for the purpose of affecting a child support obligation.
18.9 	(b) The court may presume that a party with seasonal or
18.10 	intermittent income who works periods in excess of a 40-hour
18.11 	work week, but who works a substantially normal number of hours
18.12 	over the course of a year, is working within the normal range of
18.13 	hours worked.
18.14 		Subd. 7.Income of a spouse or other household
18.15 	member. (a) Income must not include the income of a party's
18.16 	spouse or other household member.  The court must not consider
18.17 	the income or resources provided by a spouse or other household
18.18 	member when determining all the earnings, income, and resources
18.19 	of a parent under sections 517C.25 to 517C.29.
18.20 	(b) Notwithstanding paragraph (a), the court may issue an
18.21 	order permitting discovery of a spouse's or other household
18.22 	member's income information if there is probable cause to
18.23 	believe the spouse or other household member is being used to
18.24 	shelter income from a party.  If the court finds that income was
18.25 	improperly or unfairly sheltered, it may impute income to the
18.26 	party or otherwise adjust the support amount in a just and
18.27 	proper manner.  However, the court may not under any
18.28 	circumstances consider income or resources properly attributable
18.29 	to a spouse or other household member when setting support.
18.30 		Subd. 8.Prior support or maintenance orders. The amount
18.31 	of a support or maintenance order, not including orders for
18.32 	support or maintenance debts or arrears, must be deducted from
18.33 	income.
18.34 		Subd. 9.Legally dependent child. (a) For purposes of
18.35 	this subdivision, a "legally dependent child" means a child:
18.36 	(1) whose primary residence is with a parent eligible for a
19.1 	deduction from income under this subdivision;
19.2 	(2) whom the parent has the legal duty to support;
19.3 	(3) who is not a subject of the current child support
19.4 	action;
19.5 	(4) for whom the parent is not ordered to pay child
19.6 	support; and 
19.7 	(5) for whom no other person has court-ordered sole
19.8 	physical custody.
19.9 	(b) The court must deduct an amount from a parent's income
19.10 	for a legally dependent child.  The amount deducted from income
19.11 	for each legally dependent child must be computed using the
19.12 	following method:
19.13 	(1) determine 120 percent of the federal poverty guidelines
19.14 	for a family size equal to two parents plus each legally
19.15 	dependent child;
19.16 	(2) divide the amount determined under clause (1) by the
19.17 	family size determined under clause (1);
19.18 	(3) multiply the amount calculated under clause (2) by the
19.19 	number of legally dependent children; and 
19.20 	(4) divide the amount calculated under clause (3) by two to
19.21 	determine the deduction amount for one parent.  The amount
19.22 	determined for one parent must be divided by 12 to determine the
19.23 	amount of the deduction from a parent's monthly income.
19.24 	(c) The commissioner of human services must publish a table
19.25 	listing the amount of the deduction for each legally dependent
19.26 	child by family size and must update the table for changes to
19.27 	the federal poverty guidelines by July 1 of each year.

19.28 	Sec. 11. [517C.13] IMPUTED INCOME.
19.29 		Subdivision 1.Nonappearance of a parent. If a parent
19.30 	under the jurisdiction of the court does not appear at a court
19.31 	hearing after proper notice of the time and place of the
19.32 	hearing, the court must set income for that parent based on
19.33 	credible evidence before the court or in accordance with
19.34 	subdivision 3.  Credible evidence may include documentation of
19.35 	current or recent income, testimony of the other parent
19.36 	concerning recent earnings and income levels, and the parent's
20.1 	wage reports filed with the Minnesota Department of Employment
20.2 	and Economic Development under section 268.044.
20.3 		Subd. 2.Voluntary unemployment or underemployment. (a)
20.4 	The principles of income imputation apply equally to both
20.5 	parents.
20.6 	(b) If the court finds that a parent is voluntarily
20.7 	unemployed or underemployed or was voluntarily unemployed or
20.8 	underemployed during the period for which past support is being
20.9 	sought, a court must calculate support based on a determination
20.10 	of imputed income.
20.11 	(c) A parent is not considered voluntarily unemployed or
20.12 	underemployed upon a showing by the parent that:
20.13 	(1) the unemployment or underemployment is temporary and
20.14 	will ultimately lead to an increase in income;
20.15 	(2) the unemployment or underemployment represents a bona
20.16 	fide career change that outweighs the adverse effect of that
20.17 	parent's diminished income on the child;
20.18 	(3) the parent is a recipient of public assistance under
20.19 	section 256.741; or 
20.20 	(4) the parent is physically or mentally incapacitated.
20.21 	(d) Imputed income means the estimated earning ability of a
20.22 	parent based on the parent's prior earnings history, education,
20.23 	and job skills, and on availability of jobs within the community
20.24 	for an individual with the parent's qualifications.
20.25 		Subd. 3.Insufficient information. If there is
20.26 	insufficient information to determine actual income or to impute
20.27 	income pursuant to subdivision 1 or 2, the court may calculate
20.28 	support based on full-time employment of 40 hours per week at
20.29 	150 percent of the federal minimum wage or the Minnesota minimum
20.30 	wage, whichever is higher.
20.31 		Subd. 4.Parent providing at-home child care. If a
20.32 	parent stays home to care for a child who is the subject of the
20.33 	child support order, the court must consider the following
20.34 	factors when determining whether the parent is voluntarily
20.35 	unemployed or underemployed:
20.36 	(1) the parties' parenting and child care arrangements
21.1 	before the child support action;
21.2 	(2) the stay-at-home parent's employment history, including
21.3 	recency of employment and earnings, and the availability of jobs
21.4 	within the community for an individual with the parent's
21.5 	qualifications;
21.6 	(3) the relationship between the employment-related
21.7 	expenses, including child care, transportation costs, suitable
21.8 	clothing, and other items required for the parent to be
21.9 	employed, and the income the stay-at-home parent could receive
21.10 	from available jobs within the community for an individual with
21.11 	the parent's qualifications;
21.12 	(4) the child's age and health, including whether the child
21.13 	is physically or mentally disabled; and 
21.14 	(5) the availability of appropriate child care providers.

21.15 	Sec. 12. [517C.14] PRESUMPTIVE CHILD SUPPORT ORDER;
21.16 	GENERAL.
21.17 		Subdivision 1.Rebuttable presumption. The guidelines in
21.18 	sections 517C.12 to 517C.18 are a rebuttable presumption and
21.19 	must be used in all cases when establishing or modifying child
21.20 	support.
21.21 	Subd. 2.[CHILD'S INSURANCE BENEFIT.] In establishing or
21.22 	modifying child support, if a child receives a child's insurance
21.23 	benefit under United States Code, title 42, section 402, because
21.24 	the obligor is entitled to old age or disability insurance
21.25 	benefits, the amount of support ordered must be offset by the
21.26 	amount of the child's benefit.  The court must make findings
21.27 	regarding the obligor's income from all sources, the child
21.28 	support amount calculated under this chapter, the amount of the
21.29 	child's benefit, and the obligor's child support obligation.  A
21.30 	benefit received by the child in a given month in excess of the
21.31 	child support obligation must not be treated as a payment of
21.32 	arrears or a future payment.

21.33 	Sec. 13. [517C.15] BASIC SUPPORT.
21.34 		Subdivision 1.Basic support; schedule. (a) Unless
21.35 	otherwise agreed to by the parents and approved by the court,
21.36 	the court must order that basic support be divided between the
22.1 	parents based on their proportionate share of the parents'
22.2 	combined monthly income, as determined under section 517C.12.
22.3 	(b) For parents with a combined monthly income less than or
22.4 	equal to 100 percent of the federal poverty guidelines amount
22.5 	for two people, the commissioner of human services must
22.6 	determine the percentages in this paragraph by taking two times
22.7 	the minimum basic support amount under section 517C.18,
22.8 	subdivision 2, divided by 100 percent of the federal poverty
22.9 	guidelines amount for two people.  For all other parents, basic
22.10 	support must be computed using the following schedule, prepared
22.11 	based on 2001 United States Department of Agriculture
22.12 	expenditure data:
22.13 	Parents' Number of Children
22.14 	Combined
22.15 	Monthly
22.16 	Income One Two Three Four Five Six 
22.17 	
22.18 	Below $1,000 10.0% 16.1% 18.6% 21.6% 25.1% 29.1%
22.19 	$1,000 - $1,499 10.0% 16.1% 18.6% 21.6% 25.1% 29.1%
22.20 	$1,500 - $1,999 19.4% 31.3% 36.2% 42.0% 48.7% 56.5%
22.21 	$2,000 - $2,499 28.7% 46.3% 53.5% 62.1% 72.0% 83.5%
22.22 	$2,500 - $2,999 25.0% 40.3% 46.5% 53.9% 62.6% 72.6%
22.23 	$3,000 - $3,499 22.5% 36.3% 41.9% 48.6% 56.4% 65.4%
22.24 	$3,500 - $3,999 20.7% 33.4% 38.5% 44.7% 51.8% 60.1%
22.25 	$4,000 - $4,499 19.4% 31.2% 36.1% 41.9% 48.6% 56.3%
22.26 	$4,500 - $4,999 18.3% 29.6% 34.1% 39.6% 45.9% 53.2%
22.27 	$5,000 - $5,499 17.5% 28.2% 32.6% 37.8% 43.9% 50.9%
22.28 	$5,500 - $5,999 16.8% 27.1% 31.3% 36.3% 42.1% 48.9%
22.29 	$6,000 - $6,400 16.2% 26.2% 30.2% 35.0% 40.6% 47.1%
22.30 	$6,500 - $6,999 15.8% 25.4% 29.3% 34.0% 39.4% 45.7%
22.31 	$7,000 - $7,499 15.4% 24.8% 28.6% 33.2% 38.5% 44.6%
22.32 	$7,500 - $7,999 15.0% 24.2% 27.9% 32.4% 37.5% 43.5%
22.33 	$8,000 - $8,499 14.7% 23.7% 27.3% 31.7% 36.7% 42.6%
22.34 	$8,500 - $8,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
22.35 	$9,000 - $9,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
22.36 	$9,500 - $9,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
22.37 	$10,000 - $10,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
23.1 	$10,500 - $10,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
23.2 	$11,000 - $11,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
23.3 	$11,500 - $11,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
23.4 	$12,000 - $12,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
23.5 	$12,500 - $12,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
23.6 	$13,000 - $13,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
23.7 	$13,500 - $13,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
23.8 	$14,000 - $14,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
23.9 	$14,500 - $14,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 
23.10 	$15,000 or
23.11 	the amount 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
23.12 	in effect
23.13 	under subd. 4 
23.14 	(c) The commissioner of human services must compute and
23.15 	publish a schedule of basic support amounts calculated using the
23.16 	percentages in paragraph (b).  The schedule must show basic
23.17 	support amounts for combined monthly income increments of not
23.18 	more than $100.  The commissioner must determine the percentages
23.19 	for each income increment by interpolating between the
23.20 	percentages in paragraph (b).  The commissioner may disregard a
23.21 	fractional part of a dollar unless it amounts to 50 cents or
23.22 	more, in which case the commissioner may increase the amount by
23.23 	$1.
23.24 		Subd. 2.Separate household adjustment. After
23.25 	determining each parent's basic support under subdivision 1, the
23.26 	court must reduce the basic support of each parent by 20 percent.
23.27 		Subd. 3.Joint physical custody. (a) If a court order
23.28 	establishes a parenting time schedule wherein the obligor has
23.29 	care of the child at least 45 percent of the time, an obligor's
23.30 	basic support obligation is 50 percent of the difference between
23.31 	the parents' basic support obligation, as determined under
23.32 	subdivision 1.
23.33 	(b) A parenting time division approximates joint physical
23.34 	custody if each parent provides, or is responsible for
23.35 	providing, care at least 45 percent of the days in a year.
23.36 		Subd. 4.Income cap on determining basic support. (a)
23.37 	The basic support obligation for parents with a combined monthly
24.1 	income in excess of the income limit currently in effect under
24.2 	subdivision 1 must be the same dollar amount as provided for
24.3 	parents with a combined monthly income equal to the income limit
24.4 	in effect under subdivision 1.
24.5 	(b) A court may order a basic support obligation in a child
24.6 	support order in an amount that exceeds the income limit in
24.7 	subdivision 1 if it finds that a child has a disability or other
24.8 	substantial, demonstrated need for the additional support and
24.9 	that the additional support will directly benefit the child.
24.10 	(c) The dollar amount for the cap in subdivision 1 must be
24.11 	adjusted on July 1 of every even-numbered year to reflect
24.12 	cost-of-living changes.  The Supreme Court must select the index
24.13 	for the adjustment from the indices listed in section 517C.31.
24.14 	The state court administrator must make the changes in the
24.15 	dollar amounts required by this paragraph available to courts
24.16 	and the public on or before April 30 of the year in which the
24.17 	amount is to change.
24.18 		Subd. 5.More than six children. If a child support
24.19 	proceeding involves more than six children, the court may derive
24.20 	a support order without specifically following the guidelines.
24.21 	However, the court must consider the basic principles
24.22 	encompassed by the guidelines and must consider both parents'
24.23 	needs, resources, and circumstances.
24.24 		Subd. 6.Report to legislature. By January 15 each year,
24.25 	the commissioner of human services must submit a report to the
24.26 	legislature on the basic support schedule.  The report must
24.27 	include the following:
24.28 	(1) information on any changes to the United States
24.29 	Department of Agriculture expenditure data used in constructing
24.30 	the basic support schedule under subdivision 1;
24.31 	(2) information on any new sources of economic data that
24.32 	could be used to construct a basic support schedule; and 
24.33 	(3) a summary of any problems or concerns with implementing
24.34 	or applying the basic support schedule, and recommendations on
24.35 	how to resolve those problems or concerns.

24.36 	Sec. 14. [517C.16] CHILD CARE SUPPORT.
25.1 		Subdivision 1.Child care costs. Unless otherwise agreed
25.2 	to by the parties and approved by the court, the court must
25.3 	order that the child care costs be divided between the obligor
25.4 	and obligee based on their proportionate share of the parties'
25.5 	combined monthly income, as determined under section 517C.12.
25.6 		Subd. 2.Low-income obligor. (a) If the obligor's income
25.7 	as determined under section 517C.12 meets the income eligibility
25.8 	requirements for child care assistance under the basic sliding
25.9 	fee program under chapter 119B, the court must order the obligor
25.10 	to pay the lesser of the following amounts:
25.11 	(1) the amount of the obligor's monthly co-payment for
25.12 	child care assistance under the basic sliding fee schedule
25.13 	established by the commissioner of education under chapter 119B,
25.14 	based on an obligor's monthly gross income as determined under
25.15 	section 517C.12 and the size of the obligor's household.  For
25.16 	purposes of this subdivision, the obligor's household includes
25.17 	the obligor and the number of children for whom child support is
25.18 	being ordered; or 
25.19 	(2) the amount of the obligor's child care obligation under
25.20 	subdivision 1.
25.21 	(b) The commissioner of human services must publish a table
25.22 	with the child care assistance basic sliding fee amounts and
25.23 	update the table for changes to the basic sliding fee schedule
25.24 	by July 1 of each year.
25.25 		Subd. 3.Determining costs. (a) The court must require
25.26 	verification of employment or school attendance and
25.27 	documentation of child care expenses from the obligee and the
25.28 	public authority, if applicable.
25.29 	(b) If child care expenses fluctuate during the year
25.30 	because of the obligee's seasonal employment or school
25.31 	attendance or extended periods of parenting time with the
25.32 	obligor, the court must determine child care expenses based on
25.33 	an average monthly cost.
25.34 	(c) The amount allocated for child care expenses is
25.35 	considered child support but is not subject to a cost-of-living
25.36 	adjustment under section 517C.31.
26.1 	(d) The court may allow the parent with whom the child does
26.2 	not reside to care for the child while the parent with whom the
26.3 	child resides is working or attending school, as provided in
26.4 	section 517B.25, subdivision 8.  Allowing the parent with whom
26.5 	the child does not reside to care for the child under section
26.6 	517B.25, subdivision 8, is not a reason to deviate from the
26.7 	guidelines.
26.8 		Subd. 4.Change in child care. (a) When a court order
26.9 	provides for child care expenses and the public authority
26.10 	provides child support enforcement services, the public
26.11 	authority must suspend collecting the amount allocated for child
26.12 	care expenses when:
26.13 	(1) either party informs the public authority that no child
26.14 	care costs are being incurred; and 
26.15 	(2) the public authority verifies the accuracy of the
26.16 	information.
26.17 	The public authority will resume collecting child care expenses
26.18 	when either party provides information that child care costs
26.19 	have resumed.
26.20 	(b) If the parties provide conflicting information to the
26.21 	public authority regarding whether child care expenses are being
26.22 	incurred, the public authority will continue or resume
26.23 	collecting child care expenses.  Either party, by motion to the
26.24 	court, may challenge the suspension or resumption of the
26.25 	collection of child care expenses.  If the public authority
26.26 	suspends collection activities for the amount allocated for
26.27 	child care expenses, all other provisions of the court order
26.28 	remain in effect.
26.29 	(c) In cases where there is a substantial increase or
26.30 	decrease in child care expenses, the parties may modify the
26.31 	order under section 517C.31.

26.32 	Sec. 15. [517C.17] MEDICAL SUPPORT.
26.33 		Subdivision 1.Definitions. The definitions in this
26.34 	subdivision apply to this chapter.
26.35 	(a) "Health care coverage" means health care benefits that
26.36 	are provided by a health plan. Health care coverage does not
27.1 	include any form of medical assistance under chapter 256B or
27.2 	MinnesotaCare under chapter 256L.
27.3 	(b) "Health carrier" means a carrier as defined in sections
27.4 	62A.011, subdivision 2, and 62L.02, subdivision 16.
27.5 	(c) "Health plan" means a plan meeting the definition under
27.6 	section 62A.011, subdivision 3, a group health plan governed
27.7 	under the federal Employee Retirement Income Security Act of
27.8 	1974 (ERISA), a self-insured plan under sections 43A.23 to
27.9 	43A.317 and 471.617, or a policy, contract, or certificate
27.10 	issued by a community-integrated service network licensed under
27.11 	chapter 62N.  Health plan includes plans:  (1) provided on an
27.12 	individual and group basis; (2) provided by an employer or
27.13 	union; (3) purchased in the private market; and (4) available to
27.14 	a person eligible to carry insurance for the child.  Health plan
27.15 	includes a plan providing for dependent-only dental or vision
27.16 	coverage and a plan provided through a party's spouse or parent.
27.17 	(d) "Medical support" means providing health care coverage
27.18 	for a child by carrying health care coverage for the child or by
27.19 	contributing to the cost of health care coverage, public
27.20 	coverage, unreimbursed medical expenses, and uninsured medical
27.21 	expenses of the child.
27.22 	(e) "National medical support notice" means an
27.23 	administrative notice issued by the public authority to enforce
27.24 	health insurance provisions of a support order in accordance
27.25 	with Code of Federal Regulations, title 45, section 303.32, in
27.26 	cases where the public authority provides support enforcement
27.27 	services.
27.28 	(f) "Public coverage" means health care benefits provided
27.29 	by any form of medical assistance under chapter 256B or
27.30 	MinnesotaCare under chapter 256L.
27.31 	(g) "Uninsured medical expenses" means a child's reasonable
27.32 	and necessary health-related expenses if the child is not
27.33 	covered by a health plan or public coverage when the expenses
27.34 	are incurred.
27.35 	(h) "Unreimbursed medical expenses" means a child's
27.36 	reasonable and necessary health-related expenses if a child is
28.1 	covered by a health plan or public coverage and the plan or
28.2 	coverage does not pay for the total cost of the expenses when
28.3 	the expenses are incurred.  Unreimbursed medical expenses do not
28.4 	include the cost of premiums.  Unreimbursed medical expenses
28.5 	include, but are not limited to, deductibles, co-payments, and
28.6 	expenses for orthodontia, prescription eyeglasses and contact
28.7 	lenses, and over-the-counter medicine.
28.8 		Subd. 2.Order. (a) A completed national medical support
28.9 	notice issued by the public authority or a court order that
28.10 	complies with this section is a qualified medical child support
28.11 	order under the federal Employee Retirement Income Security Act
28.12 	of 1974 (ERISA), United States Code, title 29, section 1169(a).
28.13 	(b) Every order addressing child support must state:
28.14 	(1) the names, last known addresses, and Social Security
28.15 	numbers of the parents and the child that is a subject of the
28.16 	order unless the court prohibits the inclusion of an address or
28.17 	Social Security number and orders the parents to provide the
28.18 	address and Social Security number to the administrator of the
28.19 	health plan;
28.20 	(2) whether appropriate health care coverage for the child
28.21 	is available and, if so, state:
28.22 	(i) which party must carry health care coverage;
28.23 	(ii) the cost of premiums and how the cost is allocated
28.24 	between the parties;
28.25 	(iii) how unreimbursed expenses will be allocated and
28.26 	collected by the parties; and 
28.27 	(iv) the circumstances, if any, under which the obligation
28.28 	to provide health care coverage for the child will shift from
28.29 	one party to the other;
28.30 	(3) if appropriate health care coverage is not available
28.31 	for the child, whether a contribution for medical support is
28.32 	required; and 
28.33 	(4) whether the amount ordered for medical support is
28.34 	subject to a cost-of-living adjustment under section 517C.31.
28.35 		Subd. 3.Determining appropriate health care
28.36 	coverage. (a) In determining whether a party has appropriate
29.1 	health care coverage for the child, the court must evaluate the
29.2 	health plan using the following factors:
29.3 	(1) accessible coverage.  Dependent health care coverage is
29.4 	accessible if the covered child can obtain services from a
29.5 	health plan provider with reasonable effort by the parent with
29.6 	whom the child resides.  Health care coverage is presumed
29.7 	accessible if:
29.8 	(i) primary care coverage is available within 30 minutes or
29.9 	30 miles of the child's residence and specialty care coverage is
29.10 	available within 60 minutes or 60 miles of the child's
29.11 	residence;
29.12 	(ii) the coverage is available through an employer and the
29.13 	employee can be expected to remain employed for a reasonable
29.14 	amount of time; and 
29.15 	(iii) no preexisting conditions exist to delay coverage
29.16 	unduly;
29.17 	(2) comprehensive coverage.  Dependent health care coverage
29.18 	is comprehensive if it includes, at a minimum, medical and
29.19 	hospital coverage and provides for preventive, emergency, acute,
29.20 	and chronic care.  If both parties have health care coverage
29.21 	that meets the minimum requirements, the court must determine
29.22 	which health care coverage is more comprehensive by considering
29.23 	whether the coverage includes:
29.24 	(i) basic dental coverage;
29.25 	(ii) orthodontia;
29.26 	(iii) eyeglasses;
29.27 	(iv) contact lenses;
29.28 	(v) mental health services; or 
29.29 	(vi) substance abuse treatment;
29.30 	(3) affordable coverage.  Dependent health care coverage is
29.31 	affordable if a party's gross income is 150 percent of the
29.32 	federal poverty guidelines or more and the party's contribution
29.33 	to the health care coverage premium does not exceed five percent
29.34 	of the party's gross income.  If a party's gross income is less
29.35 	than 150 percent of the federal poverty guidelines, it is
29.36 	presumed that the party is unable to contribute to the cost of
30.1 	health care coverage unless health care is available at no or
30.2 	low cost to that party; and 
30.3 	(4) the child's special medical needs, if any.
30.4 	(b) If both parties have health care coverage available for
30.5 	a child, and the court determines under paragraph (a), clauses
30.6 	(1) and (2), that the available coverage is comparable with
30.7 	regard to accessibility and comprehensiveness, the least costly
30.8 	health care coverage is the appropriate health care coverage for
30.9 	the child.
30.10 		Subd. 4.Ordering health care coverage. (a) If a child
30.11 	is presently enrolled in health care coverage, the court must
30.12 	order that the parent who currently has the child enrolled
30.13 	continue that enrollment unless the parties agree otherwise or a
30.14 	party requests a change in coverage and the court determines
30.15 	that other health care coverage is more appropriate.
30.16 	(b) If a child is not presently enrolled in health care
30.17 	coverage, upon motion of a party or the public authority, the
30.18 	court must determine whether one or both parties have
30.19 	appropriate health care coverage for the child and order the
30.20 	party with appropriate health care coverage available to carry
30.21 	the coverage for the child.
30.22 	(c) If only one party has appropriate health care coverage
30.23 	available, the court must order that party to carry the coverage
30.24 	for the child.
30.25 	(d) If both parties have appropriate health care coverage
30.26 	available, the court must order the parent with whom the child
30.27 	resides to carry the coverage for the child, unless:
30.28 	(1) either party expresses a preference for coverage
30.29 	available through the parent with whom the child does not
30.30 	reside;
30.31 	(2) the parent with whom the child does not reside is
30.32 	already carrying dependent health care coverage for other
30.33 	children and the cost of contributing to the premiums of the
30.34 	other parent's coverage would cause the parent with whom the
30.35 	child does not reside extreme hardship; or 
30.36 	(3) the parents agree to provide coverage and agree on the
31.1 	allocation of costs.
31.2 	(e) If the exception in paragraph (d), clause (1) or (2),
31.3 	applies, the court must determine which party has the most
31.4 	appropriate coverage available and order that party to carry
31.5 	coverage for the child.  If the court determines under
31.6 	subdivision 3, paragraph (a), clauses (1) and (2), that the
31.7 	parties' health care coverage for the child is comparable with
31.8 	regard to accessibility and comprehensiveness, the court must
31.9 	order the party with the least costly health care coverage to
31.10 	carry coverage for the child.
31.11 	(f)(1) If neither party has appropriate health care
31.12 	coverage available, the court must order the parents to:
31.13 	(i) contribute toward the actual health care costs of the
31.14 	children based on a pro rata share; or 
31.15 	(ii) if the child is receiving any form of assistance under
31.16 	chapter 256B or MinnesotaCare under chapter 256L, the parent
31.17 	with whom the child does not reside shall contribute a monthly
31.18 	amount toward the actual cost of medical assistance under
31.19 	chapter 256B or MinnesotaCare under chapter 256L determined by
31.20 	the court to be just and appropriate.  The contribution of the
31.21 	parent with whom the child resides is the monthly contribution
31.22 	as determined by the eligibility requirements for public
31.23 	coverage.
31.24 	(2) If the court finds pro rata apportionment unjust or
31.25 	inappropriate, the court shall:
31.26 	(i) order the parties to contribute the amount of the
31.27 	health care costs the court finds just and appropriate; and 
31.28 	(ii) make findings regarding the factors considered, the
31.29 	amount of each parent's share of the cost, and the reasons the
31.30 	court did not order pro rata apportionment.
31.31 	A presumption of no less than $50 per month must be applied to
31.32 	the actual health care costs of the children or to the cost of
31.33 	health care coverage.
31.34 	(g) The commissioner of human services must publish a table
31.35 	with the premium schedule for public coverage and update the
31.36 	chart for changes to the schedule by July 1 of each year.
32.1 		Subd. 5.Medical support costs; unreimbursed and
32.2 	uninsured medical expenses. (a) Unless otherwise agreed to by 
32.3 	
32.4 	the parties and approved by the court, the court must order that
32.5 	the cost of health care coverage and all unreimbursed and
32.6 	uninsured medical expenses be divided between the obligor and
32.7 	obligee based on their proportionate share of the parties'
32.8 	combined monthly income, as determined under section 517C.12.
32.9 	(b) If a party owes a child support obligation for a child
32.10 	and is ordered to carry health care coverage for the child, and
32.11 	the other party is ordered to contribute to the carrying party's
32.12 	cost for coverage, the carrying party's child support payment
32.13 	must be reduced by the amount of the contributing party's
32.14 	contribution.
32.15 	(c) If a party owes a child support obligation for a child
32.16 	and is ordered to contribute to the other party's cost for
32.17 	carrying health care coverage for the child, the contributing
32.18 	party's child support payment must be increased by the amount of
32.19 	the contribution.
32.20 	(d) If the party ordered to carry health care coverage for
32.21 	the child already carries dependent health care coverage for
32.22 	other dependents and would incur no additional premium costs to
32.23 	add the child to the existing coverage, the court must not order
32.24 	the other party to contribute to the premium costs for coverage
32.25 	of the child.
32.26 	(e) If a party ordered to carry health care coverage for
32.27 	the child does not already carry dependent health care coverage
32.28 	but has other dependents who may be added to the ordered
32.29 	coverage, the full premium costs of the dependent health care
32.30 	coverage must be allocated between the parties in proportion to
32.31 	the party's share of the parties' combined income, unless the
32.32 	parties agree otherwise.
32.33 	(f) If a party ordered to carry health care coverage for
32.34 	the child is required to enroll in a health plan so that the
32.35 	child can be enrolled in dependent health care coverage under
32.36 	the plan, the court must allocate the costs of the dependent
32.37 	health care coverage between the parties.  The costs of the
33.1 	health care coverage for the party ordered to carry the coverage
33.2 	for the child must not be allocated between the parties.
33.3 		Subd. 6.Health plan requirements. (a) If a health plan
33.4 	administrator receives a completed national medical support
33.5 	notice or court order, the plan administrator must notify the
33.6 	parties, and the public authority if the public authority
33.7 	provides support enforcement services, within 40 business days
33.8 	after the date of the notice or after receipt of the court
33.9 	order, of the following:
33.10 	(1) whether coverage is available to the child under the
33.11 	terms of the health plan and, if not, the reason why coverage is
33.12 	not available;
33.13 	(2) whether the child is covered under the health plan;
33.14 	(3) the effective date of the child's coverage under the
33.15 	health plan; and 
33.16 	(4) what steps, if any, are required to effectuate the
33.17 	child's coverage under the health plan.
33.18 	(b) If the employer or union offers more than one plan and
33.19 	the national medical support notice or court order does not
33.20 	specify the plan to be carried, the plan administrator must
33.21 	notify the parents and the public authority if the public
33.22 	authority provides support enforcement services.  When there is
33.23 	more than one option available under the plan, the public
33.24 	authority, in consultation with the parent with whom the child
33.25 	resides, must promptly select from available plan options.
33.26 	(c) The plan administrator must provide the parents and
33.27 	public authority, if the public authority provides support
33.28 	enforcement services, with a notice of the child's enrollment,
33.29 	description of the coverage, and any documents necessary to
33.30 	effectuate coverage.
33.31 	(d) The health plan must send copies of all correspondence
33.32 	regarding the health care coverage to the parents.
33.33 	(e) An insured child's parent's signature is a valid
33.34 	authorization to a health plan for purposes of processing an
33.35 	insurance reimbursement payment to the medical services provider
33.36 	or to the parent, if medical services have been prepaid by that
34.1 	parent.
34.2 		Subd. 7.Employer or union liability. (a) An employer or
34.3 	union that willfully fails to comply with the order or notice is
34.4 	liable for any uninsured medical expenses incurred by the
34.5 	dependents while the dependents were eligible to be enrolled in
34.6 	the health plan and for any other premium costs incurred because
34.7 	the employer or union willfully failed to comply with the order
34.8 	or notice.
34.9 	(b) An employer or union that fails to comply with the
34.10 	order or notice is subject to a contempt finding, a $250 civil
34.11 	penalty under section 517C.57, and is subject to a civil penalty
34.12 	of $500 to be paid to the party entitled to reimbursement or the
34.13 	public authority.  Penalties paid to the public authority are
34.14 	designated for child support enforcement services.
34.15 		Subd. 8.Disenrollment; continuation of coverage;
34.16 	coverage options. (a) Unless a court order provides otherwise,
34.17 	a child for whom a party is required to provide health care
34.18 	coverage under this section must be covered as a dependent of
34.19 	the party until the child is emancipated, until further order of
34.20 	the court, or as consistent with the terms of the coverage.
34.21 	(b) The health carrier, employer, or union may not
34.22 	disenroll or eliminate coverage for the child unless:
34.23 	(1) the health carrier, employer, or union is provided
34.24 	satisfactory written evidence that the court order is no longer
34.25 	in effect;
34.26 	(2) the child is or will be enrolled in comparable health
34.27 	care coverage through another health plan that will take effect
34.28 	no later than the effective date of the disenrollment;
34.29 	(3) the employee is no longer eligible for dependent
34.30 	coverage; or 
34.31 	(4) the required premium has not been paid by or on behalf
34.32 	of the child.
34.33 	(c) The health plan must provide 30 days' written notice to
34.34 	the child's parents, and the public authority if the public
34.35 	authority provides support enforcement services, before the
34.36 	health plan disenrolls or eliminates the child's coverage.
35.1 	(d) A child enrolled in health care coverage under a
35.2 	qualified medical child support order, including a national
35.3 	medical support notice, under this section is a dependent and a
35.4 	qualified beneficiary under the Consolidated Omnibus Budget and
35.5 	Reconciliation Act of 1985 (COBRA), Public Law 99-272.  Upon
35.6 	expiration of the order, the child is entitled to the
35.7 	opportunity to elect continued coverage that is available under
35.8 	the health plan.  The employer or union must provide notice to
35.9 	the parties and the public authority, if it provides support
35.10 	services, within ten days of the termination date.
35.11 	(e) If the public authority provides support enforcement
35.12 	services and a plan administrator reports to the public
35.13 	authority that there is more than one coverage option available
35.14 	under the health plan, the public authority, in consultation
35.15 	with the parent with whom the child resides, must promptly
35.16 	select coverage from the available options.
35.17 		Subd. 9.Disclosure of information. (a) If the public
35.18 	authority provides support enforcement services, the parties
35.19 	must provide the public authority with the following information:
35.20 	(1) information relating to dependent health care coverage
35.21 	or public coverage available for the benefit of the child for
35.22 	whom support is sought, including all information required to be
35.23 	included in a medical support order under this section;
35.24 	(2) verification that application for court-ordered health
35.25 	care coverage was made within 30 days of the court's order; and 
35.26 	(3) the reason that a child is not enrolled in
35.27 	court-ordered health care coverage, if a child is not enrolled
35.28 	in coverage or subsequently loses coverage.
35.29 	(b) Upon request from the public authority under section
35.30 	256.978, an employer, union, or plan administrator, including an
35.31 	employer subject to the federal Employee Retirement Income
35.32 	Security Act of 1974 (ERISA), United States Code, title 29,
35.33 	section 1169(a), must provide the public authority the following
35.34 	information:
35.35 	(1) information relating to dependent health care coverage
35.36 	available to a party for the benefit of the child for whom
36.1 	support is sought, including all information required to be
36.2 	included in a medical support order under this section; and 
36.3 	(2) information that will enable the public authority to
36.4 	determine whether a health plan is appropriate for a child,
36.5 	including, but not limited to, all available plan options, any
36.6 	geographic service restrictions, and the location of service
36.7 	providers.
36.8 	(c) The employer, union, or plan administrator must not
36.9 	release information regarding one party to the other party.  The
36.10 	employer, union, or plan administrator must provide both parties
36.11 	with insurance identification cards and all necessary written
36.12 	information to enable the parties to utilize the insurance
36.13 	benefits for the covered dependent.
36.14 	(d) The public authority is authorized to release to a
36.15 	party's employer, union, or health plan information necessary to
36.16 	verify availability of dependent health care coverage, or to
36.17 	establish, modify, or enforce medical support.
36.18 	(e) An employee must disclose to an employer if medical
36.19 	support is required to be withheld under this section and the
36.20 	employer must begin withholding according to the terms of the
36.21 	order and under section 517C.52.  If an employee discloses an
36.22 	obligation to obtain health care coverage and coverage is
36.23 	available through the employer, the employer must make all
36.24 	application processes known to the individual and enroll the
36.25 	employee and dependent in the plan.
36.26 		Subd. 10.Income withholding; offset. (a) If a party
36.27 	owes no child support obligation for a child and is an obligor
36.28 	ordered to contribute to the other party's cost for carrying
36.29 	health care coverage for the child, the obligor is subject to an
36.30 	offset under subdivision 5 or income withholding under section
36.31 	517C.52.
36.32 	(b) If a party's court-ordered health care coverage for the
36.33 	child terminates and the child is not enrolled in other health
36.34 	care coverage or public coverage, and a modification motion is
36.35 	not pending, the public authority may remove the offset to a
36.36 	party's child support obligation or terminate income withholding
37.1 	instituted against a party under section 517C.52.  The public
37.2 	authority must provide notice to the parties of the action.
37.3 	(c) A party may contest the public authority's action to
37.4 	remove the offset to the child support obligation or terminate
37.5 	income withholding if the party makes a written request for a
37.6 	hearing within 30 days after receiving written notice.  If a
37.7 	party makes a timely request for a hearing, the public authority
37.8 	must schedule a hearing and send written notice of the hearing
37.9 	to the parties by mail to the parties' last known addresses at
37.10 	least 14 days before the hearing.  The hearing must be conducted
37.11 	in district court or in the expedited child support process if
37.12 	section 484.702 applies.  The district court or child support
37.13 	magistrate must determine whether removing the offset or
37.14 	terminating income withholding is appropriate and, if
37.15 	appropriate, the effective date for the removal or termination.
37.16 	(d) If the party does not request a hearing, the district
37.17 	court or child support magistrate must order the offset or
37.18 	income withholding termination effective the first day of the
37.19 	month following termination of the child's health care coverage.
37.20 		Subd. 11.Collecting unreimbursed and uninsured medical
37.21 	expenses. (a) A party must initiate a request for reimbursement
37.22 	of unreimbursed and uninsured medical expenses within two years
37.23 	of the date that the party incurred the unreimbursed or
37.24 	uninsured medical expenses.  The time period in this paragraph
37.25 	does not apply if the location of the other party is unknown.
37.26 	(b) A party seeking reimbursement of unreimbursed and
37.27 	uninsured medical expenses must mail a written notice of intent
37.28 	to collect the expenses and a copy of an affidavit of health
37.29 	care expenses to the other party at the other party's last known
37.30 	address.
37.31 	(c) The written notice must include a statement that the
37.32 	party has 30 days from the date the notice was mailed to (1) pay
37.33 	in full; (2) enter a payment agreement; or (3) file a motion
37.34 	requesting a hearing contesting the matter.  If the public
37.35 	authority provides support enforcement services, the written
37.36 	notice also must include a statement that the requesting party
38.1 	must submit the amount due to the public authority for
38.2 	collection.
38.3 	(d) The affidavit of health care expenses must itemize and
38.4 	document the child's unreimbursed or uninsured medical expenses
38.5 	and include copies of all bills, receipts, and insurance company
38.6 	explanations of benefits.
38.7 	(e) If the public authority provides support enforcement
38.8 	services, the party seeking reimbursement must send to the
38.9 	public authority a copy of the written notice, the original
38.10 	affidavit, and copies of all bills, receipts, and insurance
38.11 	company explanations of benefits.
38.12 	(f) If the party does not respond to the request for
38.13 	reimbursement within 30 days, the party seeking reimbursement or
38.14 	public authority, if the public authority provides support
38.15 	enforcement services, must commence an enforcement action
38.16 	against the party under subdivision 12.
38.17 	(g) The public authority must serve the other party with a
38.18 	notice of intent to enforce unreimbursed and uninsured medical
38.19 	expenses and file an affidavit of service by mail with the
38.20 	district court administrator.  The notice must state that,
38.21 	unless the party (1) pays in full; (2) enters into a payment
38.22 	agreement; or (3) files a motion contesting the matter within 14
38.23 	days of service of the notice, the public authority will
38.24 	commence enforcement of the expenses as medical support arrears
38.25 	under subdivision 12.
38.26 	(h) If the party files a timely motion for a hearing
38.27 	contesting the requested reimbursement, the contesting party
38.28 	must schedule a hearing in district court or in the expedited
38.29 	child support process if section 484.702 applies.  The
38.30 	contesting party must provide the party seeking reimbursement
38.31 	and the public authority, if the public authority provides
38.32 	support enforcement services, with written notice of the hearing
38.33 	at least 14 days before the hearing by mailing notice of the
38.34 	hearing to the public authority and the party at the party's
38.35 	last known address.  The party seeking reimbursement must file
38.36 	the original affidavit of health care expenses with the court at
39.1 	least five days before the hearing.  Based upon the evidence
39.2 	presented, the district court or child support magistrate must
39.3 	determine liability for the expenses and order that the liable
39.4 	party is subject to enforcement of the expenses as medical
39.5 	support arrears under subdivision 12.
39.6 		Subd. 12.Enforcing an order for medical support
39.7 	arrears. (a) If a party liable for unreimbursed and uninsured
39.8 	medical expenses owes a child support obligation to the party
39.9 	seeking reimbursement of the expenses, the expenses must be
39.10 	collected as medical support arrears.
39.11 	(b) If a party liable for unreimbursed and uninsured
39.12 	medical expenses does not owe a child support obligation to the
39.13 	party seeking reimbursement, and the party seeking reimbursement
39.14 	owes the liable party basic support arrears, the liable party's
39.15 	medical support arrears must be deducted from the amount of the
39.16 	basic support arrears.
39.17 	(c) If a liable party owes medical support arrears after
39.18 	deducting the amount owed from the amount of the child support
39.19 	arrears owed by the party seeking reimbursement, it must be
39.20 	collected as follows:
39.21 	(1) if the party seeking reimbursement owes a child support
39.22 	obligation to the liable party, the child support obligation
39.23 	must be reduced by 20 percent until the medical support arrears
39.24 	are satisfied;
39.25 	(2) if the party seeking reimbursement does not owe a child
39.26 	support obligation to the liable party, the liable party's
39.27 	income must be subject to income withholding under section
39.28 	517C.52 for an amount required under section 517C.71 until the
39.29 	medical support arrears are satisfied; or 
39.30 	(3) if the party seeking reimbursement does not owe a child
39.31 	support obligation, and income withholding under section 517C.52
39.32 	is not available, payment of the medical support arrears must be
39.33 	required under a payment agreement under section 517C.71.
39.34 	(d) If a liable party fails to enter into or comply with a
39.35 	payment agreement, the party seeking reimbursement or the public
39.36 	authority, if it provides support enforcement services, may
40.1 	schedule a hearing to have a court order payment.  The party
40.2 	seeking reimbursement or the public authority must provide the
40.3 	liable party with written notice of the hearing at least 14 days
40.4 	before the hearing.

40.5 	Sec. 16. [517C.18] SELF-SUPPORT ADJUSTMENT.
40.6 		Subdivision 1.Adjustment. (a) If the sum of the
40.7 	obligor's basic support, child care support, and medical support
40.8 	obligation leaves the obligor with remaining income in an amount
40.9 	less than 120 percent of the federal poverty guidelines for one
40.10 	person, the court must reduce the obligor's child support
40.11 	obligation by an amount equal to the lesser of:  (1) the
40.12 	difference between the obligor's remaining income and 120
40.13 	percent of the federal poverty guidelines amount; or (2) the
40.14 	obligor's total child support obligation.  If the self-support
40.15 	adjustment results in an order amount less than $50 per month
40.16 	for one or two children or $75 per month for three or more
40.17 	children, the court must order basic support under subdivision 2.
40.18 	(b) The court must apply the reduction to the obligor's
40.19 	child support obligation in the following order:
40.20 	(1) medical support obligation;
40.21 	(2) child care support obligation; and 
40.22 	(3) basic support obligation.
40.23 		Subd. 2.Minimum basic support amount. (a) If the
40.24 	reduction under subdivision 1 equals the sum of the obligor's
40.25 	basic support, child care support, and medical support
40.26 	obligation, the court must order support as follows:
40.27 	(1) for one or two children, the obligor's basic support
40.28 	obligation is $50 per month; or 
40.29 	(2) for three or more children, the obligor's basic support
40.30 	obligation is $75 per month.
40.31 	(b) If the court orders the obligor to pay the minimum
40.32 	basic support amount under this subdivision, the obligor is
40.33 	presumed unable to pay child care support and medical support.
40.34 	(c) If the court finds that an obligor receives no income
40.35 	and completely lacks the ability to earn income, the minimum
40.36 	basic support amount under this subdivision does not apply.

41.1 	Sec. 17. [517C.19] WORKSHEET.
41.2 	The commissioner of human services must create and publish
41.3 	a worksheet to assist in calculating child support under
41.4 	sections 517C.12 to 517C.18.  The worksheet must not impose
41.5 	substantive requirements other than requirements contained in
41.6 	sections 517C.12 to 517C.18.  The commissioner must update the
41.7 	worksheet by July 1 of each year.  The commissioner must make an
41.8 	interactive version of the worksheet available on the Department
41.9 	of Human Services Web site.

41.10 	Sec. 18. [517C.20] DEVIATIONS.
41.11 		Subdivision 1.General factors. In addition to the child
41.12 	support guidelines, the court must take into consideration the
41.13 	following factors in setting or modifying child support or in
41.14 	determining whether to deviate from the guidelines:
41.15 	(1) all earnings, income, and resources of the parents,
41.16 	including real and personal property, but excluding income from
41.17 	excess employment of the obligor or obligee that meets the
41.18 	criteria of section 517C.12, subdivision 6;
41.19 	(2) the financial needs and resources, physical and
41.20 	emotional condition, and educational needs of the child to be
41.21 	supported;
41.22 	(3) the standard of living the child would have enjoyed had
41.23 	the marriage not been dissolved, but recognizing that the
41.24 	parents now have separate households;
41.25 	(4) which parent receives the income taxation dependency
41.26 	exemption and the financial benefit the parent receives from it;
41.27 	(5) the parents' debts as provided in subdivision 2;
41.28 	(6) the obligor's receipt of public assistance under the
41.29 	AFDC program formerly codified under sections 256.72 to 256.82
41.30 	or 256B.01 to 256B.40 and chapter 256J or 256K;
41.31 	(7) the child spends between 33 and 45 percent of
41.32 	overnights with the obligor pursuant to a court order or with
41.33 	the consent of the obligee, which results in an increased
41.34 	financial burden on the obligor; and 
41.35 	(8) the best interests of the child.
41.36 		Subd. 2.Debt owed to private creditors. (a) In
42.1 	establishing or modifying a support obligation, the court may
42.2 	consider debts owed to private creditors, but only if:
42.3 	(1) the right to support has not been assigned under
42.4 	section 256.741;
42.5 	(2) the court determines that the debt was reasonably
42.6 	incurred for necessary support of the child or parent or for the
42.7 	necessary generation of income.  If the debt was incurred for
42.8 	the necessary generation of income, the court may consider only
42.9 	the amount of debt that is essential to the continuing
42.10 	generation of income; and 
42.11 	(3) the party requesting a departure produces a sworn
42.12 	schedule of the debts, with supporting documentation, showing
42.13 	goods or services purchased, the recipient of them, the original
42.14 	debt amount, the outstanding balance, the monthly payment, and
42.15 	the number of months until the debt will be fully paid.
42.16 	(b) A schedule prepared under paragraph (a), clause (3),
42.17 	must contain a statement that the debt will be fully paid after
42.18 	the number of months shown in the schedule, barring emergencies
42.19 	beyond the party's control.
42.20 	(c) Any further departure below the guidelines that is
42.21 	based on a consideration of debts owed to private creditors must
42.22 	not exceed 18 months in duration.  After 18 months the support
42.23 	must increase automatically to the level ordered by the court.
42.24 	This section does not prohibit one or more step increases in
42.25 	support to reflect debt retirement during the 18-month period.
42.26 	(d) If payment of debt is ordered pursuant to this section,
42.27 	the payment must be ordered to be in the nature of child support.
42.28 		Subd. 3.Evidence. The court may receive evidence on the
42.29 	factors in this section to determine if the guidelines should be
42.30 	exceeded or modified in a particular case.
42.31 		Subd. 4.No deviation when payments are assigned to
42.32 	public authority except for extreme hardship. If the child
42.33 	support payments are assigned to the public authority under
42.34 	section 256.741, the court may not deviate downward from the
42.35 	child support guidelines unless the court specifically finds
42.36 	that the failure to deviate downward would impose an extreme
43.1 	hardship on the obligor.
43.2 		Subd. 5.No departure based on joint legal custody. An
43.3 	award of joint legal custody is not a reason for departure from
43.4 	the guidelines.

43.5 	Sec. 19. [517C.21] WRITTEN FINDINGS.
43.6 		Subdivision 1.No deviation. If the court does not
43.7 	deviate from the guidelines, the court must make written
43.8 	findings concerning the amount of the parties' income used as
43.9 	the basis for the guidelines calculation and any other
43.10 	significant evidentiary factors affecting the child support
43.11 	determination.
43.12 		Subd. 2.Deviation. (a) If the court deviates from the
43.13 	guidelines, the court must make written findings giving the
43.14 	amount of support calculated under the guidelines, the reasons
43.15 	for the deviation, and must specifically address the criteria in
43.16 	section 517C.20 and how the deviation serves the best interests
43.17 	of the child.
43.18 	(b) The court may deviate from the guidelines if both
43.19 	parties agree and the court makes written findings that it is in
43.20 	the best interests of the child, except that in cases where
43.21 	child support payments are assigned to the public authority
43.22 	under section 256.741, the court may deviate downward only as
43.23 	provided in section 517C.20, subdivision 4.  Nothing in this
43.24 	section prohibits the court from deviating in other cases.
43.25 		Subd. 3.Written findings required in every case. The
43.26 	provisions of this section apply whether or not the parties are
43.27 	each represented by independent counsel and have entered into a
43.28 	written agreement.  The court must review stipulations presented
43.29 	to it for conformity to the guidelines.  The court is not
43.30 	required to conduct a hearing, but the parties must provide the
43.31 	documentation of earnings required under section 517C.10.

43.32 	Sec. 20. [517C.22] GUIDELINES REVIEW.
43.33 	No later than 2008 and every four years after that, the
43.34 	Department of Human Services must conduct a review of the child
43.35 	support guidelines.

43.36 	Sec. 21. [517C.23] EDUCATION TRUST FUND.
44.1 	The parties may agree to designate a sum of money above
44.2 	court-ordered child support as a trust fund for the costs of
44.3 	postsecondary education.

44.4 	Sec. 22. [517C.25] MODIFICATION; GENERAL.
44.5 		Subdivision 1.Authority. After a child support order is
44.6 	established, the court may, on motion of a party or the public
44.7 	authority, modify the order respecting the amount and payment of
44.8 	support.  The court may make an order respecting any matters it
44.9 	had authority to address in the original proceeding, except as
44.10 	otherwise provided in section 517C.29.  A party or the public
44.11 	authority also may make a motion for contempt of court if the
44.12 	obligor is in arrears in support payments.
44.13 		Subd. 2.Guidelines remain applicable. On a motion for
44.14 	modification of support, the guidelines in this chapter remain
44.15 	applicable.
44.16 		Subd. 3.Evidentiary hearing not required. The court
44.17 	need not hold an evidentiary hearing on a motion for child
44.18 	support modification.
44.19 		Subd. 4.Form. The state court administrator must
44.20 	prepare and make available to courts, obligors, and obligees a
44.21 	form to be submitted in support of a motion for a child support
44.22 	modification or for contempt of court.
44.23 		Subd. 5.Substantial change in circumstances. An
44.24 	enactment, amendment, or repeal of law does not constitute a
44.25 	substantial change in the circumstances for purposes of
44.26 	modifying a child support order.
44.27 		Subd. 6.Modification of order. There may be no
44.28 	modification of an existing child support order during the first
44.29 	year following the effective date of this chapter except as
44.30 	follows:
44.31 	(1) there is at least a 20 percent change in the gross
44.32 	income of the obligor;
44.33 	(2) there is a change in the number of joint children for
44.34 	whom the obligor is legally responsible and is actually
44.35 	supporting;
44.36 	(3) the child supported by the existing child support order
45.1 	becomes disabled; or 
45.2 	(4) both parents consent to modification of the existing
45.3 	order in compliance with the new income shares guidelines.
45.4 	This subdivision expires January 1, 2008.
45.5 		Subd. 7.Basic support; limitation. On the first
45.6 	modification under the income shares method of calculation, the
45.7 	modification of basic support may be limited if the amount of
45.8 	the full variance would create hardship for either the obligor
45.9 	or the obligee.

45.10 	Sec. 23. [517C.26] REOPENING AN ORDER.
45.11 		Subdivision 1.Factors. Upon a party's motion, the court
45.12 	may rescind a child support order or judgment and may order a
45.13 	new trial or grant other relief as may be just for the following
45.14 	reasons:
45.15 	(1) mistake, inadvertence, surprise, or excusable neglect;
45.16 	(2) newly discovered evidence that could not have been
45.17 	discovered by due diligence in time to move for a new trial
45.18 	under the Minnesota Rules of Civil Procedure;
45.19 	(3) fraud, whether denominated intrinsic or extrinsic,
45.20 	misrepresentation, or other misconduct of an adverse party;
45.21 	(4) the judgment or order is void;
45.22 	(5) the judgment has been satisfied, released, or
45.23 	discharged;
45.24 	(6) the judgment is based on a prior order that has been
45.25 	reversed or otherwise vacated; or 
45.26 	(7) it is no longer equitable that the order should have
45.27 	prospective application.
45.28 		Subd. 2.Procedure; effect. A party's motion must be
45.29 	made within a reasonable time, and, for a reason under
45.30 	subdivision 1, clause (1), (2), or (3), not more than one year
45.31 	after the judgment and decree, order, or proceeding was entered
45.32 	or taken.  A motion under this section does not affect the
45.33 	finality of an order or suspend its operation.  This section
45.34 	does not limit the power of a court to entertain an independent
45.35 	action to relieve a party from an order or proceeding or to
45.36 	grant relief to a party not actually personally notified as
46.1 	provided in the Minnesota Rules of Civil Procedure, or to set
46.2 	aside a judgment for fraud upon the court.

46.3 	Sec. 24. [517C.27] CHANGE IN CUSTODY OR PARENTING TIME.
46.4 		Subdivision 1.Official change in custody; child support
46.5 	suspended. If an obligee has been granted sole physical custody
46.6 	of a child, the child subsequently lives with the obligor, and
46.7 	temporary sole physical custody has been approved by the court
46.8 	or by a court-appointed referee, the court may suspend the
46.9 	obligor's child support obligation pending the final custody
46.10 	determination.  The court's order denying the suspension of
46.11 	child support must include a written explanation of the reasons
46.12 	why continuation of the child support obligation would be in the
46.13 	best interests of the child.
46.14 		Subd. 2.Unofficial change in custody; child support
46.15 	obligation satisfied. The court may conclude that an obligor
46.16 	has satisfied a child support obligation by providing a home,
46.17 	care, and support for the child while the child is living with
46.18 	the obligor, if the court finds that the child was integrated
46.19 	into the family of the obligor with the consent of the obligee
46.20 	and child support payments were not assigned to the public
46.21 	authority.
46.22 		Subd. 3.30-day change; child support reduced. A support
46.23 	order issued under this chapter may provide that, during any
46.24 	period of time of 30 consecutive days or longer that the child
46.25 	is residing with the obligor, the support amount otherwise due
46.26 	under the order may be reduced.

46.27 	Sec. 25. [517C.28] SUBSTANTIAL CHANGE IN CIRCUMSTANCES,
46.28 	EARNINGS, OR NEEDS.
46.29 		Subdivision 1.Factors. (a) A court may modify the terms
46.30 	of a child support order upon a showing of one or more of the
46.31 	following:
46.32 	(1) substantially increased or decreased earnings of a
46.33 	party;
46.34 	(2) substantially increased or decreased need of a party or
46.35 	the child that is the subject of these proceedings;
46.36 	(3) receipt of assistance under the AFDC program formerly
47.1 	codified under sections 256.72 to 256.87 or 256B.01 to 256B.40
47.2 	or chapter 256J or 256K;
47.3 	(4) a change in the cost of living for either party, as
47.4 	measured by the federal Bureau of Labor Statistics, that makes
47.5 	the terms unreasonable and unfair;
47.6 	(5) extraordinary medical expenses of the child not
47.7 	provided for under section 517C.17;
47.8 	(6) the addition of the obligee's work-related or
47.9 	education-related child care expenses or a substantial increase
47.10 	or decrease in existing work-related or education-related child
47.11 	care expenses; or 
47.12 	(7) upon the emancipation of a child if there is still a
47.13 	child under the order.  A child support obligation for two or
47.14 	more children that is not a support obligation in a specific
47.15 	amount per child continues in the full amount until modified or
47.16 	until the emancipation of the last child for whose benefit the
47.17 	order was made.
47.18 	(b) Implementation of this chapter is not a basis for
47.19 	modification unless the requirements under this section are met.
47.20 		Subd. 2.Presumptions. It is presumed that there has
47.21 	been a substantial change in circumstances under subdivision 1
47.22 	and the terms of a current support order are rebuttably presumed
47.23 	to be unreasonable and unfair if:
47.24 	(1) when applied to the parties' current circumstances, the
47.25 	presumptive child support amount derived under this chapter is
47.26 	at least 20 percent and at least $50 per month higher or lower
47.27 	than the current support order;
47.28 	(2) the medical support provisions of the order established
47.29 	under section 517C.17 are not enforceable by the public
47.30 	authority or the obligee;
47.31 	(3) health insurance coverage ordered under section 517C.17
47.32 	is not available to the child for whom the order is established
47.33 	by the parent ordered to provide it; or 
47.34 	(4) the existing support obligation is in the form of a
47.35 	statement of percentage and not a specific dollar amount.

47.36 	Sec. 26. [517C.29] MODIFICATION EFFECTIVE DATE.
48.1 		Subdivision 1.Date of motion determinative. A court may
48.2 	make a modification of support, including interest that accrued
48.3 	pursuant to section 548.091, effective no sooner than the date
48.4 	of service of notice of the motion for modification on the
48.5 	responding parties.
48.6 		Subd. 2.Retroactive modification permitted only in
48.7 	limited circumstances. Notwithstanding subdivision 1, a court
48.8 	may apply a modification to an earlier period if the court makes
48.9 	express findings that:
48.10 	(1) the party seeking modification was precluded from
48.11 	serving a motion by reason of a significant physical or mental
48.12 	disability, a material misrepresentation of another party, or
48.13 	fraud upon the court; and the party seeking modification, when
48.14 	no longer precluded, promptly served a motion;
48.15 	(2) the party seeking modification was a recipient of
48.16 	federal Supplemental Security Income (SSI), Title II Older
48.17 	Americans Insurance, Survivor's Disability Insurance (OASDI),
48.18 	other disability benefits, or public assistance based upon need
48.19 	during the period for which retroactive modification is sought;
48.20 	(3) the order the party seeks to amend was entered by
48.21 	default, the party shows good cause for not appearing, and the
48.22 	record contains no factual evidence, or clearly erroneous
48.23 	evidence, regarding the obligor's ability to pay; or 
48.24 	(4) the party seeking modification was institutionalized or
48.25 	incarcerated for an offense other than nonsupport of a child
48.26 	during the period for which retroactive modification is sought
48.27 	and lacked the financial ability to pay the support ordered
48.28 	during that time period.  In determining whether to allow the
48.29 	retroactive modification, the court must consider whether and
48.30 	when a request was made to the public authority for support
48.31 	modification.
48.32 		Subd. 3.Child care exception. The court may provide
48.33 	that a reduction in the amount allocated for child care expenses
48.34 	based on a substantial decrease in the expenses is effective as
48.35 	of the date the expenses decreased.

48.36 	Sec. 27. [517C.30] TERMINATION OF CHILD SUPPORT.
49.1 		Subdivision 1.Death of obligor. Unless otherwise agreed
49.2 	in writing or expressly provided in the order, provisions for a
49.3 	child's support are not terminated by the death of a parent
49.4 	obligated to support the child.  When a parent obligated to pay
49.5 	support dies, the amount of support may be modified, revoked, or
49.6 	commuted to a lump-sum payment, to the extent just and
49.7 	appropriate in the circumstances.
49.8 		Subd. 2.Automatic termination. (a) Unless a court order
49.9 	provides otherwise, a child support obligation in a specific
49.10 	amount per child terminates automatically and without any action
49.11 	by the obligor to reduce, modify, or terminate the order upon
49.12 	the child's emancipation.
49.13 	(b) A child support obligation for two or more children
49.14 	that is not a support obligation in a specific amount per child
49.15 	continues in the full amount until the emancipation of the last
49.16 	child for whose benefit the order was made, or until further
49.17 	order of the court.
49.18 	(c) The obligor may request a modification of the obligor's
49.19 	child support order upon a child's emancipation if there are
49.20 	still minor children under the order.  The court must determine
49.21 	the child support obligation based on the parties' income at the
49.22 	time the modification is sought.

49.23 	Sec. 28. [517C.31] COST-OF-LIVING ADJUSTMENTS.
49.24 		Subdivision 1.General. An order establishing,
49.25 	modifying, or enforcing child support must provide for a
49.26 	biennial adjustment in the amount to be paid based on a change
49.27 	in the cost of living.  Cost-of-living adjustments are
49.28 	compounded.
49.29 		Subd. 2.Waiver. A court may waive the requirement of
49.30 	the cost-of-living clause if it expressly finds that the
49.31 	obligor's occupation or income, or both, does not provide for
49.32 	cost-of-living adjustment or that the order for child support
49.33 	has a provision such as a step increase that has the effect of a
49.34 	cost-of-living clause.
49.35 		Subd. 3.Index; amount. (a) The court must specify the
49.36 	cost-of-living index to be applied in an order that provides for
50.1 	a cost-of-living adjustment.  The court may use the Consumer
50.2 	Price Index for all urban consumers, Minneapolis-St. Paul
50.3 	(CPI-U), the Consumer Price Index for wage earners and clerical,
50.4 	Minneapolis-St. Paul (CPI-W), or another cost-of-living index
50.5 	published by the United States Department of Labor that the
50.6 	court specifically finds is more appropriate.
50.7 	(b) The court may increase the amount by more than the
50.8 	cost-of-living adjustment by agreement of the parties or by
50.9 	making further findings.
50.10 		Subd. 4.Effective date. If payment is made to the
50.11 	public authority, an adjustment is effective on May 1 of the
50.12 	year it is made.  If payment is not made to the public
50.13 	authority, an adjustment may be made in any month but no
50.14 	adjustment may be made sooner than two years after the date of
50.15 	the dissolution decree.  A support order must specify the
50.16 	effective date of cost-of-living adjustments.
50.17 		Subd. 5.Notice. A cost-of-living adjustment may not be
50.18 	made unless:
50.19 	(1) the support order requires it; and 
50.20 	(2) the obligee or public authority notifies the obligor of
50.21 	the adjustment by mail at the obligor's last known address at
50.22 	least 20 days before the effective date of the adjustment.  The
50.23 	notice must inform the obligor of the effective date of the
50.24 	adjustment, the right to contest the adjustment, and the
50.25 	procedures to contest the adjustment.
50.26 		Subd. 6.Procedure for contesting adjustment. (a) To
50.27 	contest a cost-of-living adjustment initiated by the public
50.28 	authority or an obligee who has applied for or is receiving
50.29 	child support collection services from the public authority,
50.30 	other than income withholding-only services, the obligor must:
50.31 	(1) file a motion contesting the cost-of-living adjustment
50.32 	with the court administrator; and 
50.33 	(2) serve the motion by first class mail on the public
50.34 	authority and the obligee.
50.35 	The obligor must file and serve the motion before the effective
50.36 	date of the adjustment.  The hearing must take place in the
51.1 	expedited child support process under section 484.702.
51.2 	(b) To contest a cost-of-living adjustment initiated by an
51.3 	obligee who is not receiving child support collection services
51.4 	from the public authority, or for an obligee who receives income
51.5 	withholding-only services from the public authority, the obligor
51.6 	must:
51.7 	(1) file a motion contesting the cost-of-living adjustment
51.8 	with the court administrator; and 
51.9 	(2) serve the motion by first class mail on the obligee.
51.10 	The obligor must file and serve the motion before the effective
51.11 	date of the adjustment.  The hearing must take place in district
51.12 	court.
51.13 	(c) Upon receipt of a motion contesting the cost-of-living
51.14 	adjustment, the public authority or court must stay the
51.15 	cost-of-living adjustment pending further order of the court.
51.16 		Subd. 7.Hearing. (a) At a hearing under this section,
51.17 	if the obligor establishes an insufficient increase in income to
51.18 	fulfill the adjusted child support obligation, the district
51.19 	court or child support magistrate may direct that all or part of
51.20 	the adjustment not take effect.
51.21 	(b) At a hearing under this section, if the obligor does
51.22 	not establish an insufficient increase in income, the adjustment
51.23 	must take effect as of the date originally specified in the
51.24 	support order.
51.25 		Subd. 8.Form. The state court administrator must
51.26 	prepare and make available to the court and obligors a pro se
51.27 	motion form to be submitted in support of a request for a
51.28 	hearing under this section.
51.29 		Subd. 9.Rules. The commissioner of human services may
51.30 	promulgate rules for child support adjustments under this
51.31 	section in accordance with the rulemaking provisions of chapter
51.32 	14.

51.33 	Sec. 29. [517C.35] ASSIGNMENT.
51.34 		Subdivision 1.General. The court must direct that all
51.35 	payments ordered for support be made to the public authority if
51.36 	the obligee is receiving or has applied for public assistance.
52.1 	Amounts received by the public authority greater than the amount
52.2 	granted to the obligee must be remitted to the obligee pursuant
52.3 	to federal requirements.
52.4 		Subd. 2.Judgments. The court administrator must enter
52.5 	and docket a judgment obtained by operation of law under section
52.6 	548.091, subdivision 1, in the name of the public authority to
52.7 	the extent that the obligation has been assigned.  When arrears
52.8 	are reduced to judgment and section 548.091 is not applicable,
52.9 	the court must grant judgment in favor of, and in the name of,
52.10 	the public authority to the extent that the arrears are
52.11 	assigned.  The public authority must file notice of an
52.12 	assignment with the court administrator, who must enter the
52.13 	notice in the docket.  The public authority may then enforce a
52.14 	judgment entered before the assignment of rights as if the
52.15 	judgment were granted to it, and in its name, to the extent that
52.16 	the arrears in that judgment are assigned.
52.17 		Subd. 3.Property lien. The court may make any child
52.18 	support order a lien or charge upon the obligor's property,
52.19 	either at the time of the entry of the judgment or by subsequent
52.20 	order upon proper application.

52.21 	Sec. 30. [517C.36] PARTY STATUS.
52.22 		Subdivision 1.Obligee receives public assistance; public
52.23 	authority is a party. The public authority is joined as a party
52.24 	and is a real party in interest if the obligee is receiving, or
52.25 	subsequently applies for, public assistance and rights are
52.26 	assigned under section 256.741, subdivision 2.
52.27 		Subd. 2.No public assistance; application for services.
 52.28 	If the obligee is not receiving public assistance, but has
52.29 	applied for child support collection services, the public
52.30 	authority has a pecuniary interest, as well as an interest in
52.31 	the welfare of a child.  The public authority may intervene as a
52.32 	matter of right in those cases to ensure that child support
52.33 	orders are obtained, enforced, and provide for an appropriate
52.34 	and accurate level of child, medical, and child care support.
52.35 	If the public authority participates in a case where the action
52.36 	taken by the public authority requires the use of an attorney's
53.1 	services, the public authority must be represented by an
53.2 	attorney consistent with the provisions in section 517C.37.

53.3 	Sec. 31. [517C.37] ROLE OF PUBLIC AUTHORITY.
53.4 		Subdivision 1.Public authority does not represent
53.5 	obligor or obligee. The provision of services under the child
53.6 	support enforcement program that includes services by an
53.7 	attorney or an attorney's representative employed by, under
53.8 	contract to, or representing the public authority does not
53.9 	create an attorney-client relationship with any party other than
53.10 	the public authority.  Attorneys employed by or under contract
53.11 	with the public authority have an affirmative duty to inform
53.12 	applicants and recipients of services under the child support
53.13 	enforcement program that no attorney-client relationship exists
53.14 	between the attorney and the applicant or recipient.  This
53.15 	section applies to all legal services provided by the child
53.16 	support enforcement program.
53.17 		Subd. 2.Written notice. The public authority must
53.18 	provide written notice to an applicant or recipient of services
53.19 	that:
53.20 	(1) no attorney-client relationship exists between the
53.21 	attorney and the applicant or recipient;
53.22 	(2) the rights of the individual as a subject of data are
53.23 	controlled by section 13.04, subdivision 2; and 
53.24 	(3) the individual has a right to have an attorney
53.25 	represent the individual.
53.26 		Subd. 3.Power to represent other public
53.27 	authorities. The public authority may act on behalf of a public
53.28 	authority from another jurisdiction.  This includes the
53.29 	authority to represent the legal interests of, or execute
53.30 	documents on behalf of, the other public authority in connection
53.31 	with the establishment, enforcement, and collection of child
53.32 	support and collection on judgments.

53.33 	Sec. 32. [517C.38] SERVICE FEES.
53.34 		Subdivision 1.Obligor fee. When the public authority
53.35 	provides child support collection services either to a public
53.36 	assistance recipient or to a party who does not receive public
54.1 	assistance, the public authority may upon written notice to the
54.2 	obligor charge a monthly collection fee equivalent to the full
54.3 	monthly cost to the county of providing collection services, in
54.4 	addition to the amount of the child support ordered by the
54.5 	court.  The public authority must deposit the fee in the county
54.6 	general fund.  The service fee assessed is limited to ten
54.7 	percent of the monthly court-ordered child support and must not
54.8 	be assessed to obligors who are current in payment of the
54.9 	monthly court-ordered child support.
54.10 		Subd. 2.Obligee fee. A $25 application fee must be paid
54.11 	by the person who applies for child support and maintenance
54.12 	collection services, except persons who are receiving public
54.13 	assistance as defined in section 256.741, persons who transfer
54.14 	from public assistance to nonpublic assistance status, and minor
54.15 	parents and parents enrolled in a public secondary school, area
54.16 	learning center, or alternative learning program approved by the
54.17 	commissioner of education.
54.18 		Subd. 3.Tax intercept fees. Fees assessed by state and
54.19 	federal tax agencies for collection of overdue support owed to
54.20 	or on behalf of a person not receiving public assistance must be
54.21 	imposed on the person for whom these services are provided.  The
54.22 	public authority upon written notice to the obligee must assess
54.23 	a fee of $25 to the person not receiving public assistance for
54.24 	each successful federal tax interception.  The public authority
54.25 	must withhold the fee before the release of the funds received
54.26 	from each interception and must deposit the fee in the general
54.27 	fund.
54.28 		Subd. 4.Compliance with federal law. The limitations of
54.29 	this section on the assessment of fees do not apply to the
54.30 	extent they are inconsistent with the requirements of federal
54.31 	law for receiving funds for the programs under Title IV-A and
54.32 	Title IV-D of the Social Security Act, United States Code, title
54.33 	42, sections 601 to 613 and 651 to 662.

54.34 	Sec. 33. [517C.39] PUBLIC AUTHORITY PROCEDURES FOR CHILD
54.35 	SUPPORT AND PARENTAGE ORDERS.
54.36 	The public authority may use the provisions of sections
55.1 	517C.40 to 517C.44 when support rights are assigned under
55.2 	section 256.741, subdivision 2, or when the public authority is
55.3 	providing services under an application for child support
55.4 	collection services.

55.5 	Sec. 34. [517C.40] NONATTORNEY EMPLOYEE DUTIES.
55.6 		Subdivision 1.Duties performed under supervision of
55.7 	county attorney. (a) The county attorney must review and
55.8 	approve as to form and content all pleadings and other legal
55.9 	documents prepared by nonattorney employees of the public
55.10 	authority for use in the expedited child support process.
55.11 	(b) Under the direction of, and in consultation with, the
55.12 	county attorney, nonattorney employees of the public authority
55.13 	may perform the following legal duties:
55.14 	(1) meet and confer with parties by mail, telephone,
55.15 	electronic, or other means regarding legal issues;
55.16 	(2) explain to parties the purpose, procedure, and function
55.17 	of the expedited child support process and the role and
55.18 	authority of nonattorney employees of the public authority
55.19 	regarding legal issues;
55.20 	(3) prepare pleadings, including, but not limited to,
55.21 	summonses and complaints, notices, motions, subpoenas, orders to
55.22 	show cause, proposed orders, administrative orders, and
55.23 	stipulations and agreements;
55.24 	(4) issue administrative subpoenas;
55.25 	(5) prepare judicial notices;
55.26 	(6) negotiate settlement agreements;
55.27 	(7) attend and participate as a witness in hearings and
55.28 	other proceedings and, if requested by the child support
55.29 	magistrate, present evidence, agreements and stipulations of the
55.30 	parties, and any other information deemed appropriate by the
55.31 	magistrate;
55.32 	(8) participate in other activities and perform other
55.33 	duties delegated by the county attorney; and 
55.34 	(9) exercise other powers and perform other duties as
55.35 	permitted by statute or court rule.
55.36 		Subd. 2.Duties performed without direction from county
56.1 	attorney. Nonattorney employees of the public authority may
56.2 	perform the following duties without direction from the county
56.3 	attorney:
56.4 	(1) gather information on behalf of the public authority;
56.5 	(2) prepare financial worksheets;
56.6 	(3) obtain income information from the Department of
56.7 	Employment and Economic Development and other sources;
56.8 	(4) serve documents on parties;
56.9 	(5) file documents with the court;
56.10 	(6) meet and confer with parties by mail, telephone,
56.11 	electronic, or other means regarding nonlegal issues;
56.12 	(7) explain to parties the purpose, procedure, and function
56.13 	of the expedited child support process and the role and
56.14 	authority of nonattorney employees of the public authority
56.15 	regarding nonlegal issues; and 
56.16 	(8) perform other routine nonlegal duties as assigned.
56.17 		Subd. 3.Practice of law. Performance of the duties
56.18 	prescribed in subdivisions 1 and 2 by nonattorney employees of
56.19 	the public authority does not constitute the unauthorized
56.20 	practice of law for purposes of section 481.02.

56.21 	Sec. 35. [517C.41] PLEADINGS; CASE INFORMATION SHEET.
56.22 		Subdivision 1.Pleadings. In cases involving
56.23 	establishment or modification of a child support order, the
56.24 	initiating party must include the following information, if
56.25 	known, in the pleadings:
56.26 	(1) the parties' names, addresses, and dates of birth;
56.27 	(2) Social Security numbers of the parties and the parties'
56.28 	minor children.  This information is considered private
56.29 	information and is available only to the parties, the court, and
56.30 	the public authority;
56.31 	(3) number of members in each party's household and
56.32 	dependents of the parties;
56.33 	(4) the parties' other support obligations;
56.34 	(5) names and addresses of the parties' employers;
56.35 	(6) the parties' income as defined in section 517C.12;
56.36 	(7) amounts and sources of the parties' other earnings and
57.1 	income;
57.2 	(8) the parties' health insurance coverage;
57.3 	(9) types and amounts of public assistance the parties
57.4 	receive, including Minnesota family investment program, child
57.5 	care assistance, medical assistance, MinnesotaCare, title IV-E
57.6 	foster care, or other forms of assistance as defined in section
57.7 	256.741, subdivision 1; and 
57.8 	(10) any other information relevant to the determination of
57.9 	child support under this chapter.
57.10 		Subd. 2.Case information sheet. For all matters
57.11 	scheduled in the expedited process, the nonattorney employee of
57.12 	the public authority must file with the court and serve on the
57.13 	parties the following information:
57.14 	(1) income information available to the public authority
57.15 	from the Department of Employment and Economic Development;
57.16 	(2) a statement of the monthly amount of child support,
57.17 	child care, medical support, and arrears currently being charged
57.18 	the parties in Minnesota IV-D cases;
57.19 	(3) a statement of the types and amount of any public
57.20 	assistance, as defined in section 256.741, subdivision 1,
57.21 	received by the parties; and 
57.22 	(4) any other information relevant to determining support
57.23 	that is known to the public authority and that the parties have
57.24 	not otherwise provided.
57.25 		Subd. 3.Filing information. The public authority must
57.26 	file the case information with the district court or child
57.27 	support magistrate at least five days before a hearing involving
57.28 	child support, medical support, or child care reimbursement
57.29 	issues.

57.30 	Sec. 36. [517C.42] NONCONTESTED MATTERS.
57.31 	Under the direction of the county attorney and based on
57.32 	agreement of the parties, nonattorney employees of the public
57.33 	authority may prepare a stipulation, findings of fact,
57.34 	conclusions of law, and proposed order.  The county attorney
57.35 	must approve and sign the documents as to form and content
57.36 	before the nonattorney employees submit the documents to the
58.1 	district court or child support magistrate for approval.

58.2 	Sec. 37. [517C.43] ADMINISTRATIVE AUTHORITY; PARENTAGE;
58.3 	SUPPORT.
58.4 		Subdivision 1.Powers. The public authority may take the
58.5 	following actions relating to establishing paternity or to
58.6 	establishing, modifying, or enforcing support orders, without
58.7 	the necessity of obtaining an order from a judicial or
58.8 	administrative tribunal:
58.9 	(1) recognize and enforce orders of child support agencies
58.10 	of other states;
58.11 	(2) upon request for genetic testing by a child, parent, or
58.12 	an alleged parent, and using the procedure in subdivision 2,
58.13 	order the child, parent, or alleged parent to submit to blood or
58.14 	genetic testing for the purpose of establishing paternity;
58.15 	(3) subpoena financial or other information needed to
58.16 	establish, modify, or enforce a child support order and sanction
58.17 	a party for failure to respond to a subpoena;
58.18 	(4) upon notice to the obligor, obligee, and the
58.19 	appropriate court, direct the obligor or other payor to change
58.20 	the payee to the central collections unit under section 517C.50;
58.21 	(5) order income withholding of child support under section
58.22 	517C.52 and sanction an employer or payor of funds under section
58.23 	393.07, subdivision 9a, for failing to comply with an income
58.24 	withholding notice;
58.25 	(6) secure assets to satisfy a support debt or arrears by:
58.26 	(i) intercepting or seizing periodic or lump-sum payments
58.27 	from state or local agencies, including unemployment insurance
58.28 	benefits, workers' compensation payments, judgments,
58.29 	settlements, lotteries, and other lump-sum payments;
58.30 	(ii) attaching and seizing the obligor's assets held in
58.31 	financial institutions or public or private retirement funds;
58.32 	and 
58.33 	(iii) imposing liens in accordance with section 548.091,
58.34 	and, in appropriate cases, forcing the sale of property and the
58.35 	distribution of proceeds;
58.36 	(7) for the purpose of securing overdue support, increase
59.1 	the amount of the monthly support payments by an additional
59.2 	amount equal to 20 percent of the monthly support payment to
59.3 	include amounts for debts or arrears; and 
59.4 	(8) subpoena an employer or payor of funds to provide
59.5 	promptly information on the employment, compensation, and
59.6 	benefits of an individual employed by that employer as an
59.7 	employee or contractor, and sanction an employer or payor of
59.8 	funds under section 393.07, subdivision 9a, for failure to
59.9 	respond to the subpoena as provided by law.
59.10 		Subd. 2.Genetic testing. (a) A child, parent, or
59.11 	alleged parent who requests genetic testing must support the
59.12 	request with a sworn statement that:
59.13 	(1) alleges paternity and sets forth facts establishing a
59.14 	reasonable possibility of the requisite sexual contact between
59.15 	the parties; or 
59.16 	(2) denies paternity and sets forth facts establishing a
59.17 	reasonable possibility of the nonexistence of sexual contact
59.18 	between the alleged parties.
59.19 	(b) The order for genetic tests may be served anywhere
59.20 	within the state and served outside the state in the same manner
59.21 	as prescribed by law for service of subpoenas issued by the
59.22 	district court of this state.
59.23 	(c) If the child, parent, or alleged parent fails to comply
59.24 	with the genetic testing order, the public authority may seek to
59.25 	enforce that order in district court through a motion to compel
59.26 	testing.
59.27 	(d) No results obtained through genetic testing done in
59.28 	response to an order issued under this section may be used in a
59.29 	criminal proceeding.
59.30 		Subd. 3.Subpoenas. (a) Subpoenas may be served anywhere
59.31 	within the state and served outside the state in the same manner
59.32 	as prescribed by law for service of process of subpoenas issued
59.33 	by the district court of this state.  When a subpoena under this
59.34 	subdivision is served on a third-party record keeper, written
59.35 	notice of the subpoena must be mailed to the person who is the
59.36 	subject of the subpoenaed material at the person's last known
60.1 	address within three days of the day the subpoena is served.
60.2 	This notice provision does not apply if there is reasonable
60.3 	cause to believe the giving of the notice may lead to
60.4 	interference with the production of the subpoenaed documents.
60.5 	(b) A person served with a subpoena may make a written
60.6 	objection to the public authority or court before the time
60.7 	specified in the subpoena for compliance.  The public authority
60.8 	or the court may cancel or modify the subpoena, if appropriate.
60.9 	The public authority must pay the reasonable costs of producing
60.10 	the documents, if requested.
60.11 	(c) Subpoenas are enforceable in the same manner as
60.12 	subpoenas of the district court.  Upon motion of the county
60.13 	attorney, the court may issue an order directing the production
60.14 	of the records.  A person who fails to comply with the court
60.15 	order may be subject to civil or criminal contempt of court.
60.16 		Subd. 4.Due process. The administrative actions under
60.17 	this section are subject to due process safeguards, including
60.18 	requirements for notice, opportunity to contest the action, and
60.19 	opportunity to appeal the order to a judge, judicial officer, or
60.20 	child support magistrate.

60.21 	Sec. 38. [517C.44] SHARING OF INFORMATION; DATA.
60.22 		Subdivision 1.General. The public authority may share
60.23 	available and relevant information on the parties in order to
60.24 	perform its duties under sections 517C.40 to 517C.43 or under
60.25 	Supreme Court rules governing the expedited child support
60.26 	hearing process under section 484.702, subject to the
60.27 	limitations of subdivision 3 and sections 256.87, subdivision 8,
60.28 	and 257.70.
60.29 		Subd. 2.Data disclosed to an attorney of public
60.30 	authority. (a) Data disclosed by an applicant for, or recipient
60.31 	of, child support services to an attorney employed by, or under
60.32 	contract with, the public authority is private data on an
60.33 	individual.  However, the data may be disclosed under sections
60.34 	13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and
60.35 	517C.11, subdivision 3, in order to obtain, modify, or enforce
60.36 	child support, medical support, and parentage determinations.
61.1 	(b) An attorney employed by, or under contract with, the
61.2 	public authority may disclose additional information received
61.3 	from an applicant for, or recipient of, services for other
61.4 	purposes with the consent of the individual applicant for, or
61.5 	recipient of, child support services.
61.6 		Subd. 3.Prohibited disclosure. In all proceedings under
61.7 	this chapter and chapter 517A in which public assistance is
61.8 	assigned under section 256.741, or the public authority provides
61.9 	services to a party or parties to the proceedings,
61.10 	notwithstanding statutory or other authorization for the public
61.11 	authority to release private data on the location of a party to
61.12 	the action, the public authority may not release information on
61.13 	the location of one party to the other party if:
61.14 	(1) the public authority has knowledge that a protective
61.15 	order with respect to the other party has been entered; or 
61.16 	(2) the public authority has reason to believe that the
61.17 	release of the information may result in physical or emotional
61.18 	harm to the other party.

61.19 	Sec. 39. [517C.45] SUFFICIENCY OF NOTICE.
61.20 	Automated child support notices sent by the public
61.21 	authority which do not require service are sufficient notice
61.22 	when issued and mailed by first class mail to the person's last
61.23 	known address.

61.24 	Sec. 40. [517C.50] CHILD SUPPORT PAYMENT CENTER; CENTRAL
61.25 	COLLECTIONS UNIT.
61.26 		Subdivision 1.Creation. (a) The commissioner of human
61.27 	services must create and maintain a central collections unit to
61.28 	receive, process, and disburse payments, and to maintain a
61.29 	record of payments in all cases when:
61.30 	(1) the public authority is a party;
61.31 	(2) the public authority provides child support enforcement
61.32 	services to a party; or 
61.33 	(3) payment is collected through income withholding.
61.34 	(b) The commissioner may contract for services to carry out
61.35 	these provisions if the commissioner first meets and negotiates
61.36 	with the affected exclusive representatives.
62.1 		Subd. 2.Creditor collections. The central collections
62.2 	unit under this section is not a third party under chapters 550,
62.3 	552, and 571 for purposes of creditor collection efforts against
62.4 	child support and maintenance order obligors or obligees, and is
62.5 	not subject to creditor levy, attachment, or garnishment.
62.6 		Subd. 3.Credit for payment. Payments made to the public
62.7 	authority that are not collected through income withholding must
62.8 	be credited as of the date the payment is received by the
62.9 	central collections unit.

62.10 	Sec. 41. [517C.51] MANDATORY PAYMENT OF OBLIGATIONS TO
62.11 	CENTRAL COLLECTIONS UNIT.
62.12 		Subdivision 1.General. All payments described in
62.13 	section 517C.50 must be made to the central collections unit.
62.14 		Subd. 2.Local payment; transmittal. Each local child
62.15 	support agency must provide a location within the agency to
62.16 	receive payments.  When the local agency receives a payment it
62.17 	must transmit the funds to the central collections unit within
62.18 	one working day of receipt of the payment.
62.19 		Subd. 3.Incentives. Notwithstanding a rule to the
62.20 	contrary, incentives must be paid to the county providing
62.21 	services and maintaining the case to which the payment is
62.22 	applied.  Incentive payments awarded for the collection of child
62.23 	support must be based solely upon payments processed by the
62.24 	central collections unit.  Incentive payments received by the
62.25 	county under this subdivision must be used for county child
62.26 	support collection efforts.
62.27 		Subd. 4.Electronic funds transfer. The central
62.28 	collections unit is authorized to engage in the electronic
62.29 	transfer of funds for the receipt and disbursement of funds.
62.30 		Subd. 5.Required content of order. A tribunal issuing
62.31 	an order that establishes or modifies a payment must issue an
62.32 	income withholding order in conformity with section 517C.52.
62.33 	The automatic income withholding order must include the
62.34 	obligor's name, the obligor's Social Security number, the
62.35 	obligor's date of birth, and the name and address of the
62.36 	obligor's employer.  The street mailing address and the
63.1 	electronic mail address for the central collections unit must be
63.2 	included in each automatic income withholding order issued by a
63.3 	tribunal.
63.4 		Subd. 6.Transmittal of order to public authority by
63.5 	tribunal. The tribunal must transmit a copy of the order
63.6 	establishing or modifying the payment, and a copy of the
63.7 	automatic income withholding order, to the local child support
63.8 	agency within two working days of the approval of the order by
63.9 	the judge or child support magistrate or other person or entity
63.10 	authorized to sign the automatic withholding order.
63.11 		Subd. 7.Transmittal of funds from obligor or payor of
63.12 	funds to central collections unit. The obligor or other payor
63.13 	of funds must identify the obligor on the check or remittance by
63.14 	name, payor number, and Social Security number, and must comply
63.15 	with section 517C.52.
63.16 		Subd. 8.Sanction for checks drawn on insufficient
63.17 	funds. A notice may be directed to a person or entity
63.18 	submitting a check drawn on insufficient funds stating that
63.19 	future payments must be made by cash or certified funds.  The
63.20 	central collections unit and the public authority may refuse a
63.21 	check from a person or entity that has been given notice that
63.22 	payments must be in cash or certified funds.
63.23 		Subd. 9.Admissibility of payment records. A copy of the
63.24 	record of payments maintained by the central collections unit is
63.25 	admissible evidence in all tribunals as proof of payments made
63.26 	through the central collections unit without the need of
63.27 	testimony to prove authenticity.
63.28 		Subd. 10.Transition provisions. (a) The commissioner of
63.29 	human services must develop a plan for the implementation of the
63.30 	central collections unit.  The plan must require that payments
63.31 	be redirected to the central collections unit.  Payments may be
63.32 	redirected in groups according to county of origin, county of
63.33 	payment, method of payment, type of case, or any other
63.34 	distinguishing factor designated by the commissioner.
63.35 	(b) Notice that payments must be made to the central
63.36 	collections unit must be provided to the obligor and to the
64.1 	payor of funds within 30 days before payments are redirected to
64.2 	the central collections unit.  After the notice has been
64.3 	provided to the obligor or payor of funds, mailed payments
64.4 	received by the local child support agency must be forwarded to
64.5 	the central collections unit.  A notice must be sent to the
64.6 	obligor or payor of funds stating that payment application may
64.7 	be delayed and must provide directions to submit future payments
64.8 	to the central collections unit.
64.9 		Subd. 11.Collections unit recoupment account. The
64.10 	commissioner of human services may establish a revolving account
64.11 	to cover funds issued in error due to insufficient funds or
64.12 	other reasons.  The commissioner must deposit appropriations for
64.13 	this purpose and all recoupments against payments from the
64.14 	account in the collections unit's recoupment account.  The
64.15 	recoupments are appropriated to the commissioner.  An unexpended
64.16 	balance in the account does not cancel, but is available until
64.17 	expended.
64.18 		Subd. 12.Unclaimed support funds. (a) If the public
64.19 	authority cannot disburse support payments to an obligee because
64.20 	the obligee cannot be located, the public authority must
64.21 	continue its efforts to locate the obligee for one year from the
64.22 	date it determines that it cannot locate the obligee.
64.23 	(b) If the public authority is unable to locate the obligee
64.24 	after one year, the public authority must mail a written notice
64.25 	to the obligee at the obligee's last known address giving the
64.26 	obligee 60 days to contact the public authority.
64.27 	(c) If the obligee does not contact the public authority
64.28 	within 60 days from the date of notice, the public authority
64.29 	must:
64.30 	(1) close the nonpublic assistance portion of the case;
64.31 	(2) disburse unclaimed support funds to pay public
64.32 	assistance arrears.  If public assistance arrears remain after
64.33 	disbursing the unclaimed support funds, the public authority may
64.34 	continue to enforce and collect child support until all public
64.35 	assistance arrears have been paid.  If there are not public
64.36 	assistance arrears, or unclaimed support funds remain after the
65.1 	public assistance arrears have been paid, the public authority
65.2 	must return the remaining unclaimed support funds to the
65.3 	obligor; and 
65.4 	(3) when all public assistance arrears have been paid to
65.5 	the public authority, mail a written notice of termination of
65.6 	income withholding and case closure to the obligor at the
65.7 	obligor's last known address.  The notice must indicate that the
65.8 	obligor's support obligation will remain in effect until further
65.9 	order of the court and that the obligor may contact the public
65.10 	authority for assistance to modify the order.  The public
65.11 	authority must include a copy of the form prepared by the state
65.12 	court administrator's office under section 517C.25, subdivision
65.13 	4, with the notice.
65.14 	(d) If the public authority cannot locate the obligor to
65.15 	return unclaimed support funds, the public authority must
65.16 	continue its efforts to locate the obligor for one year from the
65.17 	date the public authority determines that the obligor cannot be
65.18 	located.  If the public authority is unable to locate the
65.19 	obligor after one year, the public authority must treat the
65.20 	funds as unclaimed property according to federal law and chapter
65.21 	345.

65.22 	Sec. 42. [517C.52] INCOME WITHHOLDING; GENERAL.
65.23 		Subdivision 1.Application. Sections 517C.51 to 517C.62
65.24 	apply to all support orders issued by a court or an
65.25 	administrative tribunal and orders for or notices of withholding
65.26 	issued by the public authority according to section 517C.43,
65.27 	subdivision 1, clause (5).
65.28 		Subd. 2.Order. (a) Every support order must address
65.29 	income withholding.  Whenever a support order is initially
65.30 	entered or modified, the full amount of the support order must
65.31 	be withheld from the income of the obligor and forwarded to the
65.32 	public authority.  Sections 517C.51 to 517C.62 apply regardless
65.33 	of the source of income of the person obligated to pay the child
65.34 	support.
65.35 	(b) Every order for child support must provide for a
65.36 	conspicuous notice of the provisions in this section that
66.1 	complies with section 517C.99, subdivision 3.  An order without
66.2 	this notice remains subject to this section.
66.3 	(c) A payor of funds must implement income withholding
66.4 	according to sections 517C.51 to 517C.62 upon receipt of an
66.5 	order for or notice of withholding.  The notice of withholding
66.6 	must be on a form provided by the commissioner of human services.
66.7 		Subd. 3.Notice; income withholding and collection
66.8 	services. (a) The commissioner of human services must prepare
66.9 	and make available to the courts a notice of services that
66.10 	explains child support and maintenance collection services
66.11 	available through the public authority, including income
66.12 	withholding.  Upon receiving a petition for dissolution of
66.13 	marriage or legal separation, the court administrator must
66.14 	promptly send the notice of services to the petitioner and
66.15 	respondent at the addresses stated in the petition.
66.16 	(b) Upon receipt of a support order requiring income
66.17 	withholding, a petitioner or respondent, who is not a recipient
66.18 	of public assistance and does not receive child support
66.19 	collection services from the public authority, must apply to the
66.20 	public authority for either full child support collection
66.21 	services or for services only to withhold income.
66.22 	(c) For those persons applying for services only to
66.23 	withhold income, the public authority must charge a monthly
66.24 	service fee of $15 to the obligor.  This fee is in addition to
66.25 	the amount of the support order and must be withheld through
66.26 	income withholding.  The public authority must explain the
66.27 	service options in this section to the affected parties and
66.28 	encourage the application for full child support collection
66.29 	services.
66.30 		Subd. 4.Contract for service. To carry out income
66.31 	withholding, the public authority may contract for services,
66.32 	including the use of electronic funds transfer.
66.33 		Subd. 5.Electronic transmission. Orders or notices for
66.34 	income withholding may be transmitted for enforcement purposes
66.35 	by electronic means.
66.36 		Subd. 6.Timing of automated enforcement remedies. The
67.1 	public authority must make reasonable efforts to ensure that
67.2 	automated enforcement remedies take into consideration the time
67.3 	periods allowed under sections 517C.51 to 517C.62.

67.4 	Sec. 43. [517C.53] WAIVER OF INCOME WITHHOLDING.
67.5 	(a) If child support is not assigned to the public
67.6 	authority under section 256.741, the court may waive income
67.7 	withholding requirements if it finds there are no arrears as of
67.8 	the date of the hearing and:
67.9 	(1) one party demonstrates and the court finds there is
67.10 	good cause to waive the requirements of sections 517C.51 to
67.11 	517C.62 or to terminate an order for or notice of income
67.12 	withholding previously entered; or 
67.13 	(2) all parties reach an agreement and the agreement is
67.14 	approved by the court after a finding that the agreement is
67.15 	likely to result in regular and timely payments.  The court's
67.16 	findings waiving the requirements of this paragraph must include
67.17 	a written explanation of the reasons why income withholding
67.18 	would not be in the child's best interests.
67.19 	(b) In addition to the other requirements in this section,
67.20 	if the case involves a modification of support, the court must
67.21 	make a finding that support has been timely made.
67.22 	(c) If the court waives income withholding, the obligee or
67.23 	obligor may at any time request subsequent income withholding
67.24 	under section 517C.59.

67.25 	Sec. 44. [517C.54] PAYOR OF FUNDS RESPONSIBILITIES.
67.26 		Subdivision 1.Activation. An order for or notice of
67.27 	withholding is binding on a payor of funds upon receipt.
67.28 	Withholding must begin no later than the first pay period that
67.29 	occurs after 14 days following the date of receipt of the order
67.30 	for or notice of withholding.  In the case of a financial
67.31 	institution, preauthorized transfers must occur in accordance
67.32 	with a court-ordered payment schedule.
67.33 		Subd. 2.Procedure. A payor of funds must withhold from
67.34 	the income payable to the obligor the amount specified in the
67.35 	order or notice of withholding and amounts specified under
67.36 	sections 517C.58 and 517C.63 and must remit the amounts withheld
68.1 	to the public authority within seven business days of the date
68.2 	the obligor is paid the remainder of the income.  The payor of
68.3 	funds must include with the remittance the obligor's Social
68.4 	Security number, the case type indicator as provided by the
68.5 	public authority, and the date the obligor is paid the remainder
68.6 	of the income.  The obligor is considered to have paid the
68.7 	amount withheld as of the date the obligor received the
68.8 	remainder of the income.  A payor of funds may combine all
68.9 	amounts withheld from one pay period into one payment to each
68.10 	public authority, but must separately identify each obligor
68.11 	making payment.
68.12 		Subd. 3.Retaliation prohibited. A payor of funds must
68.13 	not discharge, or refuse to hire, or otherwise discipline an
68.14 	employee as a result of wage or salary withholding authorized by
68.15 	this chapter.
68.16 		Subd. 4.Updated orders. If more than one order for or
68.17 	notice of withholding exists involving the same obligor and
68.18 	child, the public authority must enforce the most recent order
68.19 	or notice.  An order for or notice of withholding that was
68.20 	previously implemented according to this chapter ends as of the
68.21 	date of the most recent order.  The public authority must notify
68.22 	the payor of funds to withhold under the most recent withholding
68.23 	order or notice.
68.24 		Subd. 5.Notification of termination. When an order for
68.25 	or notice of withholding is in effect and the obligor's
68.26 	employment is terminated, the obligor and the payor of funds
68.27 	must notify the public authority of the termination within ten
68.28 	days of the termination date.  The termination notice must
68.29 	include the obligor's home address and the name and address of
68.30 	the obligor's new payor of funds, if known.
68.31 		Subd. 6.Expenses. A payor of funds may deduct $1 from
68.32 	the obligor's remaining salary for each payment made pursuant to
68.33 	an order for or notice of withholding under this chapter to
68.34 	cover the expenses of withholding.

68.35 	Sec. 45. [517C.55] LUMP-SUM PAYMENTS.
68.36 		Subdivision 1.Application. (a) This section applies to
69.1 	lump-sum payments of $500 or more including, but not limited to,
69.2 	severance pay, accumulated sick pay, vacation pay, bonuses,
69.3 	commissions, or other pay or benefits.
69.4 	(b) The Consumer Credit Protection Act, United States Code,
69.5 	title 15, section 1673(b), does not apply to lump-sum payments.
69.6 		Subd. 2.Payor of funds responsibilities. Before
69.7 	transmitting a lump-sum payment to an obligor, a payor of funds
69.8 	who has been served with an order for or notice of income
69.9 	withholding under this chapter or a sworn affidavit of arrears
69.10 	from the public authority must:
69.11 	(1) notify the public authority of the lump-sum payment
69.12 	that is to be paid to the obligor; and 
69.13 	(2) hold the lump-sum payment for 30 days after the date
69.14 	the lump-sum payment would otherwise have been paid to the
69.15 	obligor, notwithstanding sections 176.221, 176.225, 176.521,
69.16 	181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota
69.17 	Rules, part 1415.2000, subpart 10.
69.18 		Subd. 3.Public authority options. (a) The public
69.19 	authority may direct the payor of funds to pay the lump-sum
69.20 	payment, up to the amount of judgments or arrears, to the public
69.21 	authority if:
69.22 	(1) the public authority serves by mail a sworn affidavit
69.23 	of arrears from the public authority or a court order upon the
69.24 	payor of funds;
69.25 	(2) a judgment entered pursuant to section 548.09 or
69.26 	548.091, subdivision 1a, exists against the obligor, or other
69.27 	support arrears exist; and 
69.28 	(3) a portion of the judgment or arrears remains unpaid.
69.29 	(b) If no judgment or arrears exist, the public authority
69.30 	may seek a court order directing the payor of funds to transmit
69.31 	all or a portion of the lump-sum payment to the public authority
69.32 	for future support.  To obtain a court order under this
69.33 	paragraph, the public authority must show an obligor's past
69.34 	willful nonpayment of support.

69.35 	Sec. 46. [517C.56] PAYOR OF FUNDS LIABILITY.
69.36 		Subdivision 1.Liability to obligee. A payor of funds is
70.1 	liable to the obligee for amounts required to be withheld.  A
70.2 	payor of funds that fails to withhold or transfer funds in
70.3 	accordance with this chapter is liable to the obligee for
70.4 	interest on the funds at the rate applicable to judgments under
70.5 	section 549.09, computed from the date the funds were required
70.6 	to be withheld or transferred.  A payor of funds is liable for
70.7 	reasonable attorney fees of the obligee or public authority
70.8 	incurred in enforcing the liability under this subdivision.  A
70.9 	payor of funds that has failed to comply with the requirements
70.10 	of sections 517C.51 to 517C.62 is subject to contempt sanctions
70.11 	under section 517C.57.  If the payor of funds is an employer or
70.12 	independent contractor and violates this subdivision, a court
70.13 	may award the obligor twice the wages lost as a result of this
70.14 	violation.  If a court finds a payor of funds violated this
70.15 	subdivision, the court must impose a civil fine of not less than
70.16 	$500.  The liabilities under this subdivision apply to
70.17 	intentional noncompliance by a payor of funds with the
70.18 	requirements of sections 517C.51 to 517C.62.
70.19 		Subd. 2.Nonliability for compliance. A payor of funds
70.20 	is not subject to civil liability to any individual or agency
70.21 	for taking action in compliance with an income withholding order
70.22 	or notice of withholding that appears regular on its face
70.23 	according to this chapter or chapter 518C.

70.24 	Sec. 47. [517C.57] EMPLOYER CONTEMPT.
70.25 		Subdivision 1.Orders binding. Notices or orders for
70.26 	income withholding or medical support issued pursuant to this
70.27 	chapter are binding on the employer, trustee, or other payor of
70.28 	funds after the order or notice has been transmitted to the
70.29 	employer, trustee, or payor of funds.
70.30 		Subd. 2.Contempt action. (a) An obligee or the public
70.31 	authority may initiate a contempt action against an employer,
70.32 	trustee, or payor of funds, within the action that created the
70.33 	support obligation, by serving an order to show cause upon the
70.34 	employer, trustee, or payor of funds.
70.35 	(b) The employer, trustee, or payor of funds is presumed to
70.36 	be in contempt:
71.1 	(1) if the employer, trustee, or payor of funds has
71.2 	intentionally failed to withhold support after receiving the
71.3 	order or notice for income withholding or notice of enforcement
71.4 	of medical support; or 
71.5 	(2) upon presentation of pay stubs or similar documentation
71.6 	showing that the employer, trustee, or payor of funds withheld
71.7 	support and demonstrating that the employer, trustee, or payor
71.8 	of funds intentionally failed to remit support to the public
71.9 	authority.
71.10 		Subd. 3.Liability; sanctions. The employer, trustee, or
71.11 	payor of funds is liable to the obligee or the public authority
71.12 	for amounts required to be withheld that were not paid.  The
71.13 	court may enter judgment against the employer, trustee, or payor
71.14 	of funds for support not withheld or remitted.  An employer,
71.15 	trustee, or payor of funds found guilty of contempt must be
71.16 	punished by a fine of not more than $250 as provided in chapter
71.17 	588.  The court may also impose other contempt sanctions
71.18 	authorized under chapter 588.

71.19 	Sec. 48. [517C.58] PRIORITY OF INCOME WITHHOLDING ORDERS;
71.20 	MAXIMUM WITHHOLDING.
71.21 		Subdivision 1.Priority. An order for or notice of
71.22 	withholding under this chapter or execution or garnishment upon
71.23 	a judgment for child support arrears or preadjudicated expenses
71.24 	has priority over an attachment, execution, garnishment, or wage
71.25 	assignment and is not subject to the statutory limitations on
71.26 	amounts levied against the income of the obligor.  Amounts
71.27 	withheld from an employee's income must not exceed the maximum
71.28 	permitted under the Consumer Credit Protection Act, United
71.29 	States Code, title 15, section 1673(b).
71.30 		Subd. 2.Multiple orders. If a single employee is
71.31 	subject to multiple withholding orders or multiple notices of
71.32 	withholding for the support of more than one child, the payor of
71.33 	funds must comply with all of the orders or notices to the
71.34 	extent that the total amount withheld from the obligor's income
71.35 	does not exceed the limits imposed under the Consumer Credit
71.36 	Protection Act, United States Code, title 15, section 1673(b),
72.1 	giving priority to amounts designated in each order or notice as
72.2 	current support as follows:
72.3 	(1) if the total of the amounts designated in the orders
72.4 	for or notices of withholding as current support exceeds the
72.5 	amount available for income withholding, the payor of funds must
72.6 	allocate to each order or notice an amount for current support
72.7 	equal to the amount designated in that order or notice as
72.8 	current support, divided by the total of the amounts designated
72.9 	in the orders or notices as current support, multiplied by the
72.10 	amount of the income available for income withholding; and 
72.11 	(2) if the total of the amounts designated in the orders
72.12 	for or notices of withholding as current support does not exceed
72.13 	the amount available for income withholding, the payor of funds
72.14 	must pay the amounts designated as current support, and must
72.15 	allocate to each order or notice an amount for past due support,
72.16 	equal to the amount designated in that order or notice as past
72.17 	due support, divided by the total of the amounts designated in
72.18 	the orders or notices as past due support, multiplied by the
72.19 	amount of income remaining available for income withholding
72.20 	after the payment of current support.

72.21 	Sec. 49. [517C.59] SUBSEQUENT INCOME WITHHOLDING.
72.22 		Subdivision 1.Application. This section applies to
72.23 	support orders that do not contain provisions for income
72.24 	withholding.
72.25 		Subd. 2.Public authority provides child support
72.26 	enforcement services. If the public authority provides child
72.27 	support enforcement services to the parties, income withholding
72.28 	under this section takes effect without prior judicial notice to
72.29 	the obligor and without the need for judicial or administrative
72.30 	hearing.  Withholding must be initiated when:
72.31 	(1) the obligor requests it in writing to the public
72.32 	authority;
72.33 	(2) the obligee or obligor serves on the public authority a
72.34 	copy of the notice of income withholding, a copy of the court's
72.35 	order, an application, and the fee to use the public authority's
72.36 	collection services; or 
73.1 	(3) the public authority commences withholding under
73.2 	section 517C.43.
73.3 		Subd. 3.Public authority does not provide child support
73.4 	enforcement services. If the public authority does not provide
73.5 	child support enforcement services to the parties, income
73.6 	withholding under this section must be initiated when an obligee
73.7 	requests it by making a written motion to the court and the
73.8 	court finds that previous support has not been paid on a timely
73.9 	consistent basis or that the obligor has threatened expressly or
73.10 	otherwise to stop or reduce payments.
73.11 		Subd. 4.Notice. Within two days after the public
73.12 	authority commences withholding under this section, the public
73.13 	authority must send to the obligor at the obligor's last known
73.14 	address, notice that withholding has commenced.  The notice must
73.15 	include the information provided to the payor of funds in the
73.16 	notice of withholding.
73.17 		Subd. 5.Contest. (a) The obligor may contest
73.18 	withholding under this section on the limited grounds that the
73.19 	withholding or the amount withheld is improper due to mistake of
73.20 	fact.  An obligor who chooses to contest the withholding must do
73.21 	so no later than 15 days after the employer commences
73.22 	withholding, by bringing a proper motion under section 484.702
73.23 	and the expedited child support process rules.
73.24 	(b) The income withholding must remain in place while the
73.25 	obligor contests the withholding.
73.26 	(c) If the court finds a mistake in the amount of the
73.27 	arrears to be withheld, the court must continue the income
73.28 	withholding, but it must correct the amount of the arrears to be
73.29 	withheld.

73.30 	Sec. 50. [517C.60] INCOME WITHHOLDING; ARREARS ORDER.
73.31 	(a) In addition to ordering income withholding for current
73.32 	support, the court may order the payor of funds to withhold
73.33 	amounts to satisfy the obligor's previous arrears in support
73.34 	order payments.  Use of this remedy does not exclude the use of
73.35 	other remedies to enforce judgments.  The employer or payor of
73.36 	funds must withhold from the obligor's income an additional
74.1 	amount equal to 20 percent of the monthly child support
74.2 	obligation until the arrears are paid.
74.3 	(b) Notwithstanding any law to the contrary, funds from
74.4 	income sources included in section 517C.12, subdivision 1,
74.5 	whether periodic or lump-sum, are not exempt from attachment or
74.6 	execution upon a judgment for child support arrears.
74.7 	(c) Absent an order to the contrary, if arrears exist at
74.8 	the time a support order would otherwise terminate, income
74.9 	withholding continues in effect or may be implemented in an
74.10 	amount equal to the support order plus an additional 20 percent
74.11 	of the monthly child support obligation, until all arrears have
74.12 	been paid in full.

74.13 	Sec. 51. [517C.61] INTERSTATE INCOME WITHHOLDING.
74.14 	(a) Upon receipt of an order for support entered in another
74.15 	state and the specified documentation from an authorized agency,
74.16 	the public authority must implement income withholding.  A payor
74.17 	of funds in this state must withhold income under court orders
74.18 	for withholding issued by other states or territories.
74.19 	(b) An employer receiving an income withholding notice from
74.20 	another state must withhold and distribute the funds as directed
74.21 	in the withholding notice and must apply the law of the
74.22 	obligor's principal place of employment when determining:
74.23 	(1) the employer's fee for processing an income withholding
74.24 	notice;
74.25 	(2) the maximum amount permitted to be withheld from the
74.26 	obligor's income; and 
74.27 	(3) deadlines for implementing and forwarding the child
74.28 	support payment.
74.29 	(c) An obligor may contest withholding under this section
74.30 	pursuant to section 518C.506.

74.31 	Sec. 52. [517C.62] ORDER TERMINATING INCOME WITHHOLDING.
74.32 		Subdivision 1.General procedure. (a) An order
74.33 	terminating income withholding must specify the effective date
74.34 	of the order and reference the initial order or decree that
74.35 	establishes the support obligation.  A court must enter an order
74.36 	terminating income withholding if:
75.1 	(1) the obligor serves written notice of the application
75.2 	for termination of income withholding by mail upon the obligee
75.3 	at the obligee's last known mailing address, and serves a
75.4 	duplicate copy of the application on the public authority;
75.5 	(2) the application for termination of income withholding
75.6 	specifies the event that terminates the support obligation, the
75.7 	effective date of the termination of the support obligation, and
75.8 	the applicable provisions of the order or decree that
75.9 	established the support obligation; and 
75.10 	(3) the application includes the complete name of the
75.11 	obligor's payor of funds, the business mailing address, the
75.12 	court action and court file number, and the support and
75.13 	collections file number, if known.
75.14 	(b) The obligee or the public authority may request a
75.15 	contested hearing on the issue of whether income withholding
75.16 	should continue.  The request must be made within 20 days of
75.17 	receiving an application for termination of income withholding.
75.18 	The request must clearly specify the basis for continuing income
75.19 	withholding.  The obligee or public authority may make an ex
75.20 	parte motion to stay the service of an order terminating income
75.21 	withholding upon the obligor's payor of funds pending the
75.22 	outcome of the contested hearing.
75.23 		Subd. 2.Termination by public authority. (a) If the
75.24 	public authority determines that income withholding is no longer
75.25 	applicable, the public authority must notify the obligee and the
75.26 	obligor of intent to terminate income withholding.
75.27 	(b) Five days after notification to the obligee and
75.28 	obligor, the public authority must issue a notice to the payor
75.29 	of funds terminating income withholding.  A court order is not
75.30 	required unless the obligee has requested an expedited child
75.31 	support hearing under section 484.702.

75.32 	Sec. 53. [517C.63] CHILD SUPPORT DEPOSIT ACCOUNT;
75.33 	FINANCIAL INSTITUTIONS.
75.34 		Subdivision 1.Application. If income withholding is
75.35 	ineffective due to the obligor's method of obtaining income, the
75.36 	court must order the obligor to identify a child support deposit
76.1 	account owned solely by the obligor, or to establish an account,
76.2 	in a financial institution located in this state for the purpose
76.3 	of depositing court-ordered child support payments.  The court
76.4 	must order the obligor to execute an agreement with the
76.5 	appropriate public authority for preauthorized transfers from
76.6 	the obligor's child support account payable to an account of the
76.7 	public authority.  The court must order the obligor to disclose
76.8 	to the court all deposit accounts owned by the obligor in whole
76.9 	or in part in any financial institution.  The court may order
76.10 	the obligor to disclose to the court the opening or closing of
76.11 	any deposit account owned in whole or in part by the obligor
76.12 	within 30 days of the opening or closing.  The court may order
76.13 	the obligor to execute an agreement with the appropriate public
76.14 	authority for preauthorized transfers from any deposit account
76.15 	owned in whole or in part by the obligor to the obligor's child
76.16 	support deposit account if necessary to satisfy court-ordered
76.17 	child support payments.  The court may order a financial
76.18 	institution to disclose to the court the account number and any
76.19 	other information regarding accounts owned in whole or in part
76.20 	by the obligor.  An obligor who fails to comply with this
76.21 	subdivision, fails to deposit funds in at least one deposit
76.22 	account sufficient to pay court-ordered child support, or stops
76.23 	payment or revokes authorization of a preauthorized transfer is
76.24 	subject to contempt of court procedures under chapter 588.
76.25 		Subd. 2.Transfers. A financial institution must execute
76.26 	preauthorized transfers for the obligor's deposit accounts in
76.27 	the amount specified in the order and amounts required under
76.28 	this section as directed by the public authority.  A financial
76.29 	institution is liable to the obligee if funds in any of the
76.30 	obligor's deposit accounts identified in the court order equal
76.31 	the amount stated in the preauthorization agreement but are not
76.32 	transferred by the financial institution in accordance with the
76.33 	agreement.

76.34 	Sec. 54. [517C.64] ESCROW ACCOUNT.
76.35 		Subdivision 1.Stay of service. (a) If the court finds
76.36 	there is no arrearage in child support as of the date of the
77.1 	court hearing, the court must stay service of the income
77.2 	withholding order under sections 517C.51 to 517C.62 if the
77.3 	obligor:
77.4 	(1) establishes a savings account for a sum equal to two
77.5 	months of the monthly child support obligation; and 
77.6 	(2) provides proof of establishing the savings account to
77.7 	the court and the public authority on or before the day of the
77.8 	court hearing determining the obligation.
77.9 	(b) The obligor must hold the sum under paragraph (a) in a
77.10 	financial institution in an interest-bearing account with only
77.11 	the public authority authorized as drawer of funds.  The
77.12 	obligor's proof of establishing the account must include the
77.13 	financial institution name and address, account number, and the
77.14 	deposit amount.
77.15 		Subd. 2.Release of stay. Within three working days of
77.16 	receipt of notice of default, the public authority must direct
77.17 	the financial institution to release to the public authority the
77.18 	sum held under this section when the following conditions are
77.19 	met:
77.20 	(1) the obligor fails to pay the support amount to the
77.21 	obligee or the public authority within ten days of the date it
77.22 	is ordered to be paid;
77.23 	(2) the obligee transmits a notice of default to the public
77.24 	authority and makes application to the public authority for
77.25 	child support and maintenance collection services.  The obligee
77.26 	must verify the notice and the notice must contain the title of
77.27 	the action, the court file number, the obligee's full name and
77.28 	address, the obligor's name and last known address, the
77.29 	obligor's last known employer or other payor of funds, the date
77.30 	of the first unpaid amount, the date of the last unpaid amount,
77.31 	and the total amount unpaid; and 
77.32 	(3) within three working days of receipt of notice from the
77.33 	obligee, the public authority sends a copy of the notice of
77.34 	default and a notice of intent to implement income withholding
77.35 	by mail to the obligor at the address given.  The notice of
77.36 	intent must state that the public authority will serve the order
78.1 	establishing the child support or maintenance obligation on the
78.2 	obligor's employer or payor of funds unless, within 15 days
78.3 	after the mailing of the notice, the obligor requests a hearing
78.4 	on the issue of whether payment was in default as of the date of
78.5 	the notice of default.  The obligor must serve notice of the
78.6 	request for hearing on the public authority and the obligee.
78.7 		Subd. 3.Duties of public authority. Within three
78.8 	working days of receipt of sums released under subdivision 2,
78.9 	the public authority shall remit to the obligee all amounts not
78.10 	assigned under section 256.741 as current support or
78.11 	maintenance.  The public authority must also serve a copy of the
78.12 	court's order and the provisions of this section and sections
78.13 	517C.51 to 517C.62 on the obligor's employer or other payor of
78.14 	funds unless, within 15 days after mailing of the notice of
78.15 	intent to implement income withholding, the obligor makes a
78.16 	proper motion pursuant to section 484.702 and the rules of the
78.17 	expedited child support process.  The public authority must
78.18 	inform the employer or payor of funds pursuant to sections
78.19 	517C.51 to 517C.62 of the effective date on which the next
78.20 	support or maintenance payment is due.  The withholding process
78.21 	must begin on that date and must reflect the total credits of
78.22 	principal and interest amounts received from the escrow account.
78.23 		Subd. 4.Hearing. Within 30 days of the date of the
78.24 	notice of default under subdivision 2, clause (2), the court
78.25 	must hold a hearing if a motion is brought by the obligor as set
78.26 	forth in subdivision 2.  If the court finds that there was a
78.27 	default, the court must order the immediate withholding of
78.28 	support or maintenance from the obligor's income.  If the court
78.29 	finds that there was no default, the court must order either the
78.30 	obligor or obligee to reestablish the escrow account and
78.31 	continue the stay of income withholding.
78.32 		Subd. 5.Termination of stay. When the obligation for
78.33 	support of a child or for spousal maintenance ends under the
78.34 	terms of the order or decree establishing the obligation and the
78.35 	sum held under this section has not otherwise been released, the
78.36 	public authority must release the sum and interest to the
79.1 	obligor when the following conditions are met:
79.2 	(1) the obligor transmits a notice of termination to the
79.3 	public authority.  The obligor must verify the notice and the
79.4 	notice must contain the title of the action, the court file
79.5 	number, the full name and address of the obligee, specify the
79.6 	event that ends the support or maintenance obligation, the
79.7 	effective date of the termination of support or maintenance
79.8 	obligation, and the applicable provisions of the order or decree
79.9 	that established the support or maintenance obligation;
79.10 	(2) the public authority sends a copy of the notice of
79.11 	termination to the obligee; and 
79.12 	(3) the obligee fails within 20 days after mailing of the
79.13 	notice under clause (2) to request a hearing on the issue of
79.14 	whether the support or maintenance obligation continues and
79.15 	serve notice of the request for hearing on the obligor and the
79.16 	public authority.

79.17 	Sec. 55. [517C.65] TRUSTEE.
79.18 		Subdivision 1.Appointment. Upon its own motion or upon
79.19 	motion of either party, the court may appoint a trustee, when it
79.20 	is deemed expedient, to receive money ordered to be paid as
79.21 	child support for remittance to the person entitled to receive
79.22 	the payments.  The trustee may also receive property that is
79.23 	part of an award for division of marital property.  The trustee
79.24 	must hold the property in trust to invest and pay over the
79.25 	income in the manner the court directs, or to pay over the
79.26 	principal sum in the proportions and at the times the court
79.27 	orders.  In all cases, the court must consider the situation and
79.28 	circumstances of the recipient, and the children, if any.  The
79.29 	trustee must give a bond, as the court requires, for the
79.30 	faithful performance of the trust.  If it appears that the
79.31 	recipient of money ordered to be paid as support will receive
79.32 	public assistance, the court must appoint the public authority
79.33 	as trustee.
79.34 		Subd. 2.Records. The trustee must maintain records
79.35 	listing the amount of payments, the date when payments are
79.36 	required to be made, and the names and addresses of the parties
80.1 	affected by the order.
80.2 		Subd. 3.Communication. The parties affected by the
80.3 	order must inform the trustee of a change of address or of other
80.4 	conditions that may affect the administration of the order.
80.5 		Subd. 4.Late payment. If a required support payment is
80.6 	not made within ten days of the due date, the trustee must send
80.7 	the obligor notice of the arrears by first class mail.  If
80.8 	payment of the sum due is not received by the trustee within ten
80.9 	days after sending notice, the trustee must certify the amount
80.10 	due to the public authority, whenever that authority is not the
80.11 	trustee.  If the public authority refers the arrears to the
80.12 	county attorney, the county attorney may initiate enforcement
80.13 	proceedings against the obligor for support.

80.14 	Sec. 56. [517C.66] OVERPAYMENTS.
80.15 	If child support is not assigned under section 256.741, and
80.16 	an obligor has overpaid a child support obligation because of a
80.17 	modification or error in the amount owed, the public authority
80.18 	must:
80.19 	(1) apply the amount of the overpayment to reduce the
80.20 	amount of child support arrears or debts owed to the obligee;
80.21 	and 
80.22 	(2) if an overpayment exists after the reduction of arrears
80.23 	or debt, reduce the amount of the child support remitted to the
80.24 	obligee by an amount no greater than 20 percent of the current
80.25 	monthly support obligation and remit this amount to the obligor
80.26 	until the overpayment is reduced to zero.

80.27 	Sec. 57. [517C.67] ALTERNATE NOTICE OF COURT ORDER.
80.28 	Whenever this chapter requires service of a court's order
80.29 	on an employer, union, or payor of funds, service of a verified
80.30 	notice of order may be made in lieu of the order.  The verified
80.31 	notice must contain the title of the action, the name of the
80.32 	court, the court file number, the date of the court order, and
80.33 	must recite the operative provisions of the order.

80.34 	Sec. 58. [517C.70] CHILD SUPPORT AND PARENTING TIME ARE
80.35 	INDEPENDENT.
80.36 	(a) Failure by a party to make support payments is not a
81.1 	defense to:
81.2 	(1) interference with parenting time; or 
81.3 	(2) removing a child from this state without the permission
81.4 	of the court or the other parent.
81.5 	(b) Interference with parenting time or taking a child from
81.6 	this state without permission of the court or the other parent
81.7 	is not a defense to nonpayment of support.
81.8 	(c) If a party fails to make support payments, interferes
81.9 	with parenting time, or removes a child from this state without
81.10 	permission of the court or the other parent, the other party may
81.11 	petition the court for an appropriate order.

81.12 	Sec. 59. [517C.705] SIX-MONTH REVIEW.
81.13 	A request for a six-month review hearing form must be
81.14 	attached to a decree or order that initially establishes child
81.15 	support rights and obligations according to section 517A.29.

81.16 	Sec. 60. [517C.71] PAYMENT AGREEMENTS.
81.17 		Subdivision 1.General requirements. An obligor who has
81.18 	child support arrears may enter into a payment agreement that
81.19 	addresses payment of both current and overdue support.  Payment
81.20 	agreements must:
81.21 	(1) be in writing;
81.22 	(2) address both current support and arrears; and 
81.23 	(3) be approved by the district court, a child support
81.24 	magistrate, or the public authority.
81.25 		Subd. 2.Considerations. In proposing or approving
81.26 	proposed payment agreements for purposes of this chapter, the
81.27 	district court, a child support magistrate, or the public
81.28 	authority must take into consideration the amount of the
81.29 	arrears, the amount of the current support order, any pending
81.30 	request for modification, and the earnings of the obligor.  The
81.31 	district court, child support magistrate, or public authority
81.32 	must consider the individual financial circumstances of each
81.33 	obligor in evaluating the obligor's ability to pay a proposed
81.34 	payment agreement and must propose a reasonable payment
81.35 	agreement tailored to the individual financial circumstances of
81.36 	each obligor.  The district court, child support magistrate, or
82.1 	public authority also must consider a graduated payment plan
82.2 	tailored to the individual financial circumstances of each
82.3 	obligor.

82.4 	Sec. 61. [517C.72] SEEK EMPLOYMENT ORDERS.
82.5 		Subdivision 1.Court order. (a) When the public
82.6 	authority is enforcing a support order, the public authority may
82.7 	seek a court order requiring an obligor to seek employment if:
82.8 	(1) the obligor's employment cannot be verified;
82.9 	(2) the obligor has child support arrears amounting to at
82.10 	least three times the obligor's total monthly support payments;
82.11 	and 
82.12 	(3) the obligor is not in compliance with a payment
82.13 	agreement.
82.14 	(b) Upon proper notice to the obligor, the court may enter
82.15 	a seek employment order if it finds that the obligor has not
82.16 	provided proof of gainful employment and has not consented to an
82.17 	order for income withholding or entered into a payment agreement.
82.18 		Subd. 2.Contents of order. The order to seek employment
82.19 	must:
82.20 	(1) order that the obligor seek employment within a
82.21 	determinate amount of time;
82.22 	(2) order that the obligor file with the public authority a
82.23 	weekly report of at least five new attempts to find employment
82.24 	or of having found employment.  The report must include the
82.25 	names, addresses, and telephone numbers of the employers or
82.26 	businesses with whom the obligor attempted to obtain employment
82.27 	and the name of the individual contact at each employer or
82.28 	business to whom the obligor made application for employment or
82.29 	to whom an inquiry was directed;
82.30 	(3) notify the obligor that failure to comply with the
82.31 	order is evidence of a willful failure to pay support under
82.32 	section 517C.74;
82.33 	(4) order that the obligor provide the public authority
82.34 	with verification of any reason for noncompliance with the
82.35 	order; and 
82.36 	(5) specify the duration of the order, not to exceed three
83.1 	months.

83.2 	Sec. 62. [517C.73] ORDER FOR COMMUNITY SERVICES.
83.3 	If the court finds that the obligor earns $400 or less per
83.4 	month and does not have the ability to provide support based on
83.5 	the guidelines and factors in this chapter, the court may order
83.6 	the obligor to perform community services to fulfill the
83.7 	obligor's support obligation.  In ordering community services
83.8 	under this section, the court must consider whether the obligor
83.9 	has the physical capability to perform community services, and
83.10 	must order community services that are appropriate for the
83.11 	obligor's abilities.

83.12 	Sec. 63. [517C.74] CONTEMPT PROCEEDINGS FOR NONPAYMENT OF
83.13 	SUPPORT.
83.14 		Subdivision 1.Grounds. If a person against whom an
83.15 	order or decree for support has been entered under this chapter,
83.16 	chapter 256, or a comparable law from another jurisdiction has
83.17 	child support arrears amounting to at least three times the
83.18 	obligor's total monthly support obligation and is not in
83.19 	compliance with a payment agreement, a court may cite and punish
83.20 	a person for contempt under section 517C.25, subdivision 1,
83.21 	chapter 588, or this section.  An obligor's failure to comply
83.22 	with a seek employment order entered under section 517C.72 is
83.23 	evidence of willful failure to pay support.
83.24 		Subd. 2.Court options. (a) If a court cites a person
83.25 	for contempt under this section, and the obligor lives in a
83.26 	county that contracts with the commissioner of human services
83.27 	under section 256.997, the court may order the performance of
83.28 	community service work up to 32 hours per week for six weeks for
83.29 	each finding of contempt if the obligor:
83.30 	(1) is able to work full time;
83.31 	(2) works an average of less than 32 hours per week; and 
83.32 	(3) has actual weekly gross income averaging less than 40
83.33 	times the federal minimum hourly wage under United States Code,
83.34 	title 29, section 206(a)(1), or is voluntarily earning less than
83.35 	the obligor has the ability to earn, as determined by the court.
83.36 	(b) An obligor is presumed to be able to work full time.
84.1 	The obligor has the burden of proving inability to work full
84.2 	time.
84.3 		Subd. 3.Release. A person ordered to do community
84.4 	service work under subdivision 2 may, during the six-week
84.5 	period, apply to the district court, a child support magistrate,
84.6 	or the public authority to be released from the community
84.7 	service work requirement if the person:
84.8 	(1) provides proof to the district court, a child support
84.9 	magistrate, or the public authority that the person is gainfully
84.10 	employed and submits to an order for income withholding under
84.11 	section 517C.52;
84.12 	(2) enters into a payment agreement under section 517C.71;
84.13 	or 
84.14 	(3) provides proof to the district court, a child support
84.15 	magistrate, or the public authority that, after entry of the
84.16 	order, the person's circumstances have so changed that the
84.17 	person is no longer able to fulfill the terms of the community
84.18 	service order.
84.19 		Subd. 4.Continuing obligations. An obligor's
84.20 	performance of community service work does not relieve the
84.21 	obligor of a current support obligation or arrears.

84.22 	Sec. 64. [517C.745] SECURITY; SEQUESTRATION; CONTEMPT.
84.23 	(a) In all cases when the court orders support payments,
84.24 	the court may require sufficient security to be given for the
84.25 	payment of them according to the terms of the order.  Upon
84.26 	neglect or refusal to give security, or upon failure to pay the
84.27 	support, the court may sequester the obligor's personal estate
84.28 	and the rents and profits of real estate of the obligor, and
84.29 	appoint a receiver of them.  The court may cause the personal
84.30 	estate and the rents and profits of the real estate to be
84.31 	applied according to the terms of the order.
84.32 	(b) The obligor is presumed to have an income from a source
84.33 	sufficient to pay the support order.  A child support order
84.34 	constitutes prima facie evidence that the obligor has the
84.35 	ability to pay the award.  If the obligor disobeys the order, it
84.36 	is prima facie evidence of contempt.  The court may cite the
85.1 	obligor for contempt under this section, section 517C.74, or
85.2 	chapter 588.

85.3 	Sec. 65. [517C.75] DRIVER'S LICENSE SUSPENSION.
85.4 		Subdivision 1.Factors warranting suspension. An
85.5 	obligor's driver's license must be suspended if the court finds
85.6 	that the obligor has been or may be issued a driver's license by
85.7 	the commissioner of public safety and if:
85.8 	(1) the obligor has arrears amounting to at least three
85.9 	times the obligor's total monthly support obligation and the
85.10 	obligor is not in compliance with a payment agreement under
85.11 	section 517C.71; or 
85.12 	(2) the obligor has failed, after receiving notice, to
85.13 	comply with a subpoena relating to a paternity or child support
85.14 	proceeding.
85.15 		Subd. 2.Suspension initiated by obligee. (a) An obligee
85.16 	may bring a motion to suspend an obligor's driver's license.
85.17 	The obligee must properly serve the motion on the obligor
85.18 	pursuant to court rules and file the motion with the court.  An
85.19 	obligee may not bring a motion under this subdivision within 12
85.20 	months of a denial of a previous motion under this subdivision.
85.21 	(b) At the hearing, if the court finds that a factor under
85.22 	subdivision 1 exists, the court must:
85.23 	(1) order the commissioner of public safety to suspend the
85.24 	obligor's driver's license; and 
85.25 	(2) stay the order for 90 days to allow the obligor the
85.26 	opportunity to enter into a payment agreement under section
85.27 	517C.71.
85.28 	(c) If after 90 days the obligor has not entered into or is
85.29 	not in compliance with a payment agreement under section
85.30 	517C.71, the court's order becomes effective and the
85.31 	commissioner of public safety must suspend the obligor's
85.32 	driver's license.
85.33 		Subd. 3.Suspension initiated by public authority. (a)
85.34 	If the public authority determines that a factor in subdivision
85.35 	1 exists, the public authority must initiate the suspension of
85.36 	the obligor's driver's license.
86.1 	(b) The public authority must mail a written notice to the
86.2 	obligor at the obligor's last known address indicating that:
86.3 	(1) the public authority intends to seek suspension of the
86.4 	obligor's driver's license; and 
86.5 	(2) the obligor must make a written request for a hearing
86.6 	to contest the driver's license suspension within 30 days of the
86.7 	date of the notice.
86.8 	(c) If the obligor requests a hearing within 30 days of the
86.9 	date of the notice, a court hearing must be held.  At least 14
86.10 	days before the hearing, the public authority must serve notice
86.11 	on the obligor personally or by mail at the obligor's last known
86.12 	address of the following:
86.13 	(1) the hearing time and place;
86.14 	(2) the allegations against the obligor; and 
86.15 	(3) a statement informing the obligor of the requirement to
86.16 	enter into a payment agreement under section 517C.71 to avoid
86.17 	license suspension.
86.18 	(d) If a hearing is held and the court finds a factor under
86.19 	subdivision 1 exists, the court must order the commissioner of
86.20 	public safety to suspend the obligor's driver's license.
86.21 	(e) If the obligor does not request a hearing within 30
86.22 	days of the date of the notice and has not executed a written
86.23 	payment agreement under section 517C.71 that is approved by the
86.24 	public authority within 90 days of the date of the notice, the
86.25 	public authority must direct the commissioner of public safety
86.26 	to suspend the obligor's driver's license.
86.27 		Subd. 4.Suspension for failure to comply with
86.28 	subpoena. (a) A court, child support magistrate, or the public
86.29 	authority may direct the commissioner of public safety to
86.30 	suspend an obligor's driver's license if the obligor has failed,
86.31 	after receiving notice, to comply with a subpoena relating to a
86.32 	paternity or child support proceeding.
86.33 	(b) The notice to an obligor of intent to suspend a
86.34 	driver's license must be served by first class mail at the
86.35 	obligor's last known address.  The notice must inform the
86.36 	obligor of the right to make a written request for a hearing.
87.1 	(c) If the obligor makes a written request within ten days
87.2 	of the date of the notice, a hearing must be held.  At the
87.3 	hearing, the only issues to be considered are mistake of fact
87.4 	and whether the obligor received the subpoena.
87.5 		Subd. 5.Suspension for failure to remain in compliance
87.6 	with payment agreement. The license of an obligor who fails to
87.7 	remain in compliance with a payment agreement under section
87.8 	517C.71 may be suspended.  A party or the public authority must
87.9 	serve notice upon the obligor of intent to suspend under this
87.10 	subdivision.  The party or public authority must serve the
87.11 	notice upon the obligor by first class mail at the obligor's
87.12 	last known address not less than ten days before the hearing
87.13 	date.  The notice must include a notice of hearing.  If the
87.14 	obligor appears at the hearing and the judge determines that the
87.15 	obligor has failed to comply with a payment agreement under
87.16 	section 517C.71, the judge must notify the Department of Public
87.17 	Safety to suspend the obligor's driver's license.  If the
87.18 	obligor fails to appear at the hearing, the public authority may
87.19 	notify the Department of Public Safety to suspend the obligor's
87.20 	driver's license.
87.21 		Subd. 6.Reinstatement. (a) An obligor whose driver's
87.22 	license or operating privileges are suspended may:
87.23 	(1) provide proof to the public authority that the obligor
87.24 	is in compliance with all payment agreements under section
87.25 	517C.71;
87.26 	(2) bring a motion for reinstatement of the driver's
87.27 	license.  At the hearing, the district court or child support
87.28 	magistrate must establish a payment agreement under section
87.29 	517C.71 if the district court or child support magistrate orders
87.30 	reinstatement of the driver's license; or 
87.31 	(3) seek a limited license under section 171.30.  A limited
87.32 	license issued to an obligor under section 171.30 expires 90
87.33 	days after the date it is issued.
87.34 	(b) Within 15 days of the receipt of the proof under
87.35 	paragraph (a), clause (1), or a court order, the public
87.36 	authority must inform the commissioner of public safety that the
88.1 	obligor's driver's license or operating privileges should no
88.2 	longer be suspended.
88.3 		Subd. 7.Remedies available. The remedy under this
88.4 	section is in addition to any other enforcement remedy available
88.5 	to the court or public authority.
88.6 		Subd. 8.Report to legislature. On January 15, 2007, and
88.7 	every two years after that, the commissioner of human services
88.8 	must submit a report to the legislature that identifies the
88.9 	following information relevant to the implementation of this
88.10 	section:
88.11 	(1) the number of child support obligors notified of an
88.12 	intent to suspend a driver's license;
88.13 	(2) the amount collected in payments from the child support
88.14 	obligors notified of an intent to suspend a driver's license;
88.15 	(3) the number of cases paid in full and payment agreements
88.16 	executed in response to notification of an intent to suspend a
88.17 	driver's license;
88.18 	(4) the number of cases in which there has been
88.19 	notification and no payments or payment agreements;
88.20 	(5) the number of driver's licenses suspended;
88.21 	(6) the cost of implementation and operation of the
88.22 	requirements of this section; and 
88.23 	(7) the number of limited licenses issued and number of
88.24 	cases in which payment agreements are executed and cases are
88.25 	paid in full following issuance of a limited license.

88.26 	Sec. 66. [517C.76] OCCUPATIONAL LICENSE SUSPENSION.
88.27 		Subdivision 1.Factors warranting suspension. An
88.28 	obligor's occupational license must be suspended if the court
88.29 	finds that the obligor is or may be licensed by a licensing
88.30 	board listed in section 214.01 or other state, county, or
88.31 	municipal agency or board that issues an occupation license and
88.32 	if:
88.33 	(1) the obligor has arrears amounting to at least three
88.34 	times the obligor's total monthly support obligation and the
88.35 	obligor is not in compliance with a payment agreement under
88.36 	section 517C.71; or 
89.1 	(2) the obligor has failed, after receiving notice, to
89.2 	comply with a subpoena relating to a paternity or child support
89.3 	proceeding.
89.4 		Subd. 2.Suspension initiated by obligee. (a) An obligee
89.5 	may bring a motion to suspend an obligor's occupational
89.6 	license.  The obligee must properly serve the motion on the
89.7 	obligor pursuant to court rules and file the motion with the
89.8 	court.
89.9 	(b) At the hearing, if the court finds that a factor under
89.10 	subdivision 1 exists, the court must:
89.11 	(1) order the licensing board or agency to suspend the
89.12 	obligor's occupational license under section 214.101; and 
89.13 	(2) stay the order for 90 days to allow the obligor the
89.14 	opportunity to enter into a payment agreement under section
89.15 	517C.71.
89.16 	(c) If after 90 days the obligor has not entered into or is
89.17 	not in compliance with a payment agreement under section
89.18 	517C.71, the court order becomes effective and the licensing
89.19 	board or agency must suspend the obligor's occupational license.
89.20 	(d) If the obligor is a licensed attorney, the court must
89.21 	comply with the procedure under subdivision 4 for notifying the
89.22 	Lawyers Professional Responsibility Board.
89.23 		Subd. 3.Suspension initiated by public authority. (a)
89.24 	If the public authority determines that a factor in subdivision
89.25 	1 exists, the public authority must initiate the suspension of
89.26 	the obligor's occupational license.
89.27 	(b) The public authority must mail a written notice to the
89.28 	obligor at the obligor's last known address indicating that:
89.29 	(1) the public authority intends to seek suspension of the
89.30 	obligor's occupational license; and 
89.31 	(2) the obligor must make a written request for a hearing
89.32 	to contest the occupational license suspension within 30 days of
89.33 	the date of the notice.
89.34 	(c) If the obligor requests a hearing within 30 days of the
89.35 	date of the notice, a court hearing must be held.  At least 14
89.36 	days before the hearing, the public authority must serve notice
90.1 	on the obligor personally or by mail at the obligor's last known
90.2 	address of the following:
90.3 	(1) the hearing time and place;
90.4 	(2) the allegations against the obligor; and 
90.5 	(3) a statement informing the obligor of the requirement to
90.6 	enter into a payment agreement under section 517C.71 to avoid
90.7 	license suspension.
90.8 	(d) If a hearing is held and the court finds a factor
90.9 	warranting suspension under subdivision 1 exists, the court must
90.10 	order the occupational licensing board or agency to suspend the
90.11 	obligor's occupational license.
90.12 	(e) If the obligor does not request a hearing within 30
90.13 	days of the date of the notice and has not executed a written
90.14 	payment agreement under section 517C.71 that is approved by the
90.15 	public authority within 90 days of the date of the notice, the
90.16 	public authority must direct the occupational licensing board or
90.17 	agency to suspend the obligor's occupational license.
90.18 	(f) If the obligor is a licensed attorney, the court or
90.19 	public authority must comply with the procedure under
90.20 	subdivision 4 for notifying the Lawyers Professional
90.21 	Responsibility Board.
90.22 		Subd. 4.Obligor is licensed attorney. If an obligor is
90.23 	a licensed attorney and the court finds that a factor warranting
90.24 	suspension under subdivision 1 exists, the court or public
90.25 	authority must notify the Lawyers Professional Responsibility
90.26 	Board for appropriate action in accordance with the rules of
90.27 	professional conduct or order the licensing board or agency to
90.28 	suspend the obligor's license if the court finds that the
90.29 	obligor:
90.30 	(1) is licensed by a licensing board or other state agency
90.31 	that issues an occupational license;
90.32 	(2) has not made full payment of arrears found to be due by
90.33 	the public authority; and 
90.34 	(3) has not executed or is not in compliance with a payment
90.35 	agreement.
90.36 		Subd. 5.Suspension for failure to comply with
91.1 	subpoena. (a) A court, child support magistrate, or the public
91.2 	authority may direct the occupational licensing board or agency
91.3 	to suspend an obligor's occupational license if the obligor has
91.4 	failed, after receiving notice, to comply with a subpoena
91.5 	relating to a paternity or child support proceeding.
91.6 	(b) The notice to an obligor of intent to suspend an
91.7 	occupational license must be served by first class mail at the
91.8 	obligor's last known address.  The notice must inform the
91.9 	obligor of the right to make a written request for a hearing.
91.10 	(c) If the obligor makes a written request within ten days
91.11 	of the date of the notice, a hearing must be held.  At the
91.12 	hearing, the only issues to be considered are mistake of fact
91.13 	and whether the obligor received the subpoena.
91.14 		Subd. 6.Failure to remain in compliance with approved
91.15 	payment agreement. The license of an obligor who fails to
91.16 	remain in compliance with a payment agreement under section
91.17 	517C.71 may be suspended.  A party must serve notice upon the
91.18 	obligor of an intent to suspend under this subdivision.  A party
91.19 	must serve the notice by first class mail at the obligor's last
91.20 	known address not less than ten days before the date of the
91.21 	hearing.  The notice must include a notice of hearing.  If the
91.22 	obligor appears at the hearing and the judge determines that the
91.23 	obligor has failed to comply with a payment agreement under
91.24 	section 517C.71, the judge must notify the licensing board or
91.25 	agency to suspend the obligor's license.  If the obligor fails
91.26 	to appear at the hearing, the public authority may notify the
91.27 	licensing board or agency to suspend the obligor's license.
91.28 		Subd. 7.Reinstatement. An obligor whose occupational
91.29 	license is suspended may provide proof to the public authority
91.30 	that the obligor is in compliance with all payment agreements
91.31 	under section 517C.71.  Within 15 days of the receipt of that
91.32 	proof, the public authority must inform the licensing board or
91.33 	agency or the Lawyers Professional Responsibility Board that the
91.34 	obligor is no longer ineligible for license issuance,
91.35 	reinstatement, or renewal under this section.
91.36 		Subd. 8.Remedies available. The remedy under this
92.1 	section is in addition to any other enforcement remedy available
92.2 	to the court or public authority.

92.3 	Sec. 67. [517C.77] DATA ON SUSPENSIONS FOR SUPPORT
92.4 	ARREARS.
92.5 	Notwithstanding section 13.03, subdivision 4, paragraph
92.6 	(c), data on an occupational license suspension under section
92.7 	517C.76 or a driver's license suspension under section 517C.75,
92.8 	that are transferred by the Department of Human Services to the
92.9 	Department of Public Safety or a state, county, or municipal
92.10 	occupational licensing agency respectively must have the same
92.11 	classification at the Department of Public Safety or other
92.12 	receiving agency under section 13.02 as other license suspension
92.13 	data held by the receiving agency.  The transfer of the data
92.14 	does not affect the classification of the data in the hands of
92.15 	the Department of Human Services.

92.16 	Sec. 68. [517C.78] RECREATIONAL LICENSE SUSPENSION.
92.17 		Subdivision 1.Motion; factors. (a) An obligee or the
92.18 	public authority may bring a motion to suspend the recreational
92.19 	license or licenses of an obligor.  An obligee or the public
92.20 	authority must serve the motion on the obligor in person or by
92.21 	first class mail at the obligor's last known address.  There
92.22 	must be an opportunity for a hearing.  The court may direct the
92.23 	commissioner of natural resources to suspend or bar receipt of
92.24 	the obligor's recreational license or licenses if it finds that:
92.25 	(1) the obligor has child support arrears amounting to at
92.26 	least six times the obligor's total monthly support payments and
92.27 	the obligor is not in compliance with a payment agreement under
92.28 	section 517C.71; or 
92.29 	(2) the obligor has failed, after receiving notice, to
92.30 	comply with a subpoena relating to a paternity or child support
92.31 	proceeding.
92.32 	(b) Before utilizing this section, the court must find that
92.33 	other substantial enforcement mechanisms have been attempted but
92.34 	have not resulted in compliance.
92.35 		Subd. 2.Affected licenses. For purposes of this
92.36 	section, a recreational license includes all licenses, permits,
93.1 	and stamps issued centrally by the commissioner of natural
93.2 	resources under sections 97B.301, 97B.401, 97B.501, 97B.515,
93.3 	97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305.
93.4 		Subd. 3.Reinstatement. An obligor whose recreational
93.5 	license has been suspended or barred may provide proof to the
93.6 	court that the obligor is in compliance with all payment
93.7 	agreements under section 517C.71.  Within 15 days of receipt of
93.8 	that proof, the court must notify the commissioner of natural
93.9 	resources that the obligor's recreational license or licenses
93.10 	must no longer be suspended nor may receipt be barred.

93.11 	Sec. 69. [517C.79] MOTOR VEHICLE LIEN.
93.12 		Subdivision 1.Factors warranting lien. A lien in the
93.13 	name of the obligee or the state of Minnesota, as appropriate,
93.14 	in accordance with section 168A.05, subdivision 8, must be
93.15 	entered on any motor vehicle certificate of title subsequently
93.16 	issued in the obligor's name if the obligor:
93.17 	(1) is a debtor for a judgment debt resulting from child
93.18 	support arrears in an amount at least three times the total
93.19 	monthly support obligation; and 
93.20 	(2) is not in compliance with a payment agreement under
93.21 	section 517C.71.
93.22 		Subd. 2.Lien initiated by obligee. (a) An obligee may
93.23 	bring a motion for the entry of a lien on any motor vehicle
93.24 	certificate of title issued in the obligor's name.  The obligee
93.25 	must properly serve the motion on the obligor pursuant to court
93.26 	rules and file the motion with the court.
93.27 	(b) At the hearing, if the court finds that the factors
93.28 	under subdivision 1 exist, the court must:
93.29 	(1) order the commissioner of public safety to enter a lien
93.30 	in the obligee's name or in the name of the state of Minnesota,
93.31 	as appropriate under section 168A.05, subdivision 8, on any
93.32 	motor vehicle certificate of title subsequently issued in the
93.33 	obligor's name; and 
93.34 	(2) stay the order for 90 days to allow the obligor the
93.35 	opportunity to enter into a payment agreement under section
93.36 	517C.71.
94.1 	(c) If after 90 days the obligor has not entered into or is
94.2 	not in compliance with a payment agreement under section
94.3 	517C.71, the court's order becomes effective and the
94.4 	commissioner of public safety must enter the lien on any motor
94.5 	vehicle certificate of title subsequently issued in the
94.6 	obligor's name.
94.7 		Subd. 3.Lien initiated by public authority. (a) If the
94.8 	public authority determines that the factors in subdivision 1
94.9 	exist, the public authority must direct the commissioner of
94.10 	public safety to enter a lien in the name of the obligee or in
94.11 	the name of the state of Minnesota, as appropriate, under
94.12 	section 168A.05, subdivision 8, on any motor vehicle certificate
94.13 	of title subsequently issued in the obligor's name.
94.14 	(b) At least 90 days before directing the entry of a lien
94.15 	under this section, the public authority must mail a written
94.16 	notice to the obligor at the obligor's last known address
94.17 	indicating that:
94.18 	(1) the public authority intends to enter a lien on any
94.19 	motor vehicle certificate of title subsequently issued in the
94.20 	obligor's name; and 
94.21 	(2) the obligor must make a written request for a hearing
94.22 	within 30 days of the date of the notice to contest the action.
94.23 	(c) If the obligor makes a written request for a hearing
94.24 	within 30 days of the date of the notice, a court hearing must
94.25 	be held.  At least 14 days before the hearing, the public
94.26 	authority must serve the obligor personally or by mail at the
94.27 	obligor's last known address with a notice including the hearing
94.28 	time and place and the allegations against the obligor.
94.29 	(d) If a hearing is held and the court finds the factors
94.30 	under subdivision 1 exist, the court must order the commissioner
94.31 	of public safety to enter the lien on any motor vehicle
94.32 	certificate of title subsequently issued in the obligor's name.
94.33 	(e) If the obligor does not make a written request for a
94.34 	hearing within 30 days of the date of the notice and has not
94.35 	entered into or is not in compliance with a payment agreement
94.36 	under section 517C.71 approved by the public authority within 90
95.1 	days of the date of the notice, the public authority must direct
95.2 	the commissioner of public safety to enter the lien on any motor
95.3 	vehicle certificate of title subsequently issued in the
95.4 	obligor's name.
95.5 		Subd. 4.Release. An obligor may provide proof to the
95.6 	court or the public authority that the obligor is in compliance
95.7 	with all written payment agreements under section 517C.71 or
95.8 	that the motor vehicle's value is less than the exemption
95.9 	provided under section 550.37.  Within 15 days of the receipt of
95.10 	that proof, the court or public authority must:
95.11 	(1) execute a release of security interest under section
95.12 	168A.20, subdivision 4, and mail or deliver the release to the
95.13 	owner or other authorized person; or 
95.14 	(2) in instances where a lien has not yet been entered,
95.15 	direct the commissioner of public safety not to enter a lien on
95.16 	any motor vehicle certificate of title subsequently issued in
95.17 	the obligor's name.
95.18 		Subd. 5.Nonexempt value. A lien recorded against a
95.19 	motor vehicle certificate of title under this section and
95.20 	section 168A.05, subdivision 8, attaches only to the nonexempt
95.21 	value of the motor vehicle as determined in accordance with
95.22 	section 550.37.  The value of a motor vehicle must be determined
95.23 	in accordance with the retail value described in the National
95.24 	Auto Dealers Association Official Used Car Guide, Midwest
95.25 	Edition, for the current year, or in accordance with the
95.26 	purchase price as defined in section 297B.01, subdivision 8.
95.27 		Subd. 6.Remedies available. The remedy available under
95.28 	this section is in addition to any other enforcement remedies
95.29 	available to the court or public authority.

95.30 	Sec. 70. [517C.80] PUBLICATION OF NAMES OF DELINQUENT
95.31 	CHILD SUPPORT OBLIGORS.
95.32 		Subdivision 1.Making names public. At least once each
95.33 	year, the commissioner of human services, in consultation with
95.34 	the attorney general, may publish a list of the names and other
95.35 	identifying information of no more than 25 persons who:
95.36 	(1) are child support obligors;
96.1 	(2) are at least $10,000 in arrears;
96.2 	(3) are not in compliance with a payment agreement
96.3 	regarding both current support and arrears approved by the
96.4 	district court, a child support magistrate, or the public
96.5 	authority;
96.6 	(4) cannot currently be located by the public authority for
96.7 	the purposes of enforcing a support order; and 
96.8 	(5) have not made a support payment except tax intercept
96.9 	payments in the preceding 12 months.
96.10 		Subd. 2.Identifying information. Identifying
96.11 	information may include the obligor's name, last known address,
96.12 	amount owed, date of birth, photograph, the number of children
96.13 	for whom support is owed, and any additional information about
96.14 	the obligor that would assist in identifying or locating the
96.15 	obligor.  The commissioner and attorney general may use posters,
96.16 	media presentations, electronic technology, and other means that
96.17 	the commissioner and attorney general determine are appropriate
96.18 	for dissemination of the information, including publication on
96.19 	the Internet.  The commissioner and attorney general may make
96.20 	any or all of the identifying information regarding these
96.21 	persons public.  Information regarding an obligor who meets the
96.22 	criteria in this section will only be made public after that
96.23 	person's selection by the commissioner and attorney general.
96.24 		Subd. 3.Notice. (a) Before making the obligor's name
96.25 	public, the Department of Human Services must send a notice to
96.26 	the obligor's last known address stating the department's
96.27 	intention to make public information on the obligor.  The notice
96.28 	must also provide an opportunity to have the obligor's name
96.29 	removed from the list by paying the arrears or by entering into
96.30 	an agreement to pay the arrears, or by providing information to
96.31 	the public authority that there is good cause not to make the
96.32 	information public.  The notice must include the final date when
96.33 	the payment or agreement can be accepted.
96.34 	(b) The Department of Human Services must obtain the
96.35 	obligee's written consent to make the obligor's name public.
96.36 		Subd. 4.Names published in error. If the commissioner
97.1 	makes a name public under subdivision 1 in error, the
97.2 	commissioner must also offer to publish a printed retraction and
97.3 	a public apology acknowledging that the name was made public in
97.4 	error.  If the person whose name was made public in error elects
97.5 	the public retraction and apology, the retraction and apology
97.6 	must appear in the same medium and the same format as the
97.7 	original notice where the name was listed in error.  In addition
97.8 	to the right of a public retraction and apology, a person whose
97.9 	name was made public in error has a civil action for damages
97.10 	caused by the error.

97.11 	Sec. 71. [517C.81] COLLECTION; ARREARS.
97.12 		Subdivision 1.Collection of arrears to continue after
97.13 	child is emancipated. Remedies available for collecting and
97.14 	enforcing support in this chapter and chapters 256, 257, and
97.15 	518C also apply to cases in which a child for whom support is
97.16 	owed is emancipated and the obligor owes past support or has
97.17 	accumulated arrears as of the date of the youngest child's
97.18 	emancipation.  Child support arrears under this section include
97.19 	arrears for child support, medical support, child care,
97.20 	pregnancy and birth expenses, and unreimbursed medical expenses
97.21 	as defined in section 517C.15.
97.22 		Subd. 2.Retroactive application. This section applies
97.23 	retroactively to support arrears that accrued on or before the
97.24 	date of enactment and to all arrears accruing after the date of
97.25 	enactment.
97.26 		Subd. 3.Limitations. Past support or pregnancy and
97.27 	confinement expenses ordered for which the obligor has specific
97.28 	court-ordered terms for repayment may not be enforced using
97.29 	drivers' and occupational or professional license suspension,
97.30 	credit bureau reporting, and additional income withholding under
97.31 	section 517C.60, unless the obligor fails to comply with the
97.32 	terms of the court order for repayment.
97.33 		Subd. 4.Payment of arrears. Absent a court order to the
97.34 	contrary, if an arrearage exists at the time a support order
97.35 	would otherwise terminate and section 517C.60 does not apply,
97.36 	the obligor must repay the arrearage in an amount equal to the
98.1 	current support order until all arrears have been paid in full.
98.2 		Subd. 5.Payment agreement. If arrears exist according
98.3 	to a support order which fails to establish a monthly support
98.4 	obligation in a specific dollar amount, the public authority, if
98.5 	it provides child support collection services, or the obligee
98.6 	may establish a payment agreement.  The payment agreement must
98.7 	equal what the obligor would pay for current child support, plus
98.8 	an additional 20 percent of the current child support
98.9 	obligation, until all arrears are paid in full.  If the obligor
98.10 	fails to enter into or comply with a payment agreement, the
98.11 	public authority, if it provides child support collection
98.12 	services, or the obligee may file a motion in district court or
98.13 	the expedited child support process, if section 484.702 applies,
98.14 	for a court order establishing repayment terms.

98.15 	Sec. 72. [517C.82] COLLECTION; REVENUE RECAPTURE.
98.16 	The public authority may submit debt under chapter 270A
98.17 	only if the obligor is in arrears in court-ordered child support
98.18 	or maintenance payments, or both, in an amount greater than the
98.19 	obligor's total monthly support and maintenance payments or if
98.20 	the debt has been entered and docketed as a judgment.

98.21 	Sec. 73. [517C.83] CASE REVIEWER.
98.22 	The commissioner must make a case reviewer available to
98.23 	obligors and obligees.  The reviewer must be available to answer
98.24 	questions concerning the collection process and to review the
98.25 	collection activity taken.  A reviewer who reasonably believes
98.26 	that a particular action being taken is unreasonable or unfair
98.27 	may make recommendations to the commissioner and the applicable
98.28 	county in regard to the collection action.

98.29 	Sec. 74. [517C.84] ATTORNEY FEES; COLLECTION COSTS.
98.30 		Subdivision 1.General. (a) A child support obligee is
98.31 	entitled to recover from the obligor reasonable attorney fees
98.32 	and other collection costs incurred to enforce a child support
98.33 	judgment, as provided in this section if the child support
98.34 	arrears are:
98.35 	(1) at least $500;
98.36 	(2) at least 90 days past due; and 
99.1 	(3) docketed as a judgment under sections 548.09 and
99.2 	548.091.
99.3 	(b) If the obligor pays in full the judgment rendered under
99.4 	section 548.091 within 20 days of receipt of notice of entry of
99.5 	judgment, the obligee is not entitled to recover attorney fees
99.6 	or collection costs under this section.
99.7 		Subd. 2.Enforcement. Attorney fees and collection costs
99.8 	obtained under this section are considered child support and
99.9 	entitled to the applicable remedies for child support collection
99.10 	and enforcement.
99.11 		Subd. 3.Notice to public authority. If the public
99.12 	authority is a party to a case, an obligee must provide written
99.13 	notice to the public authority within five days of:
99.14 	(1) contracting with an attorney or collection entity to
99.15 	enforce a child support judgment; or 
99.16 	(2) receipting payments received on a child support
99.17 	judgment.
99.18 		Subd. 4.Notice to obligor; hearing. (a) The obligee
99.19 	must serve notice of the obligee's intent to recover attorney
99.20 	fees and collection costs by certified or registered mail on the
99.21 	obligor at the obligor's last known address.  The notice must
99.22 	itemize the attorney fees and collection costs being sought by
99.23 	the obligee.  It must inform the obligor that the fees and costs
99.24 	will become an additional judgment for child support unless,
99.25 	within 20 days of mailing of the notice, the obligor requests a
99.26 	hearing:
99.27 	(1) on the reasonableness of the fees and costs; or 
99.28 	(2) to contest the child support judgment on grounds
99.29 	limited to mistake of fact.
99.30 	(b) If the obligor requests a hearing, the only issues to
99.31 	be determined by the court are:
99.32 	(1) whether the attorney fees or collection costs were
99.33 	reasonably incurred by the obligee for the enforcement of a
99.34 	child support judgment against the obligor; or 
99.35 	(2) the validity of the child support judgment on grounds
99.36 	limited to mistake of fact.
100.1 	(c) The fees and costs may not exceed 30 percent of the
100.2 	arrears.  The court may modify the amount of attorney fees and
100.3 	costs as appropriate and must enter judgment accordingly.
100.4 	(d) If the obligor fails to request a hearing within 20
100.5 	days of mailing of the notice under paragraph (a), the amount of
100.6 	the attorney fees or collection costs requested by the obligee
100.7 	in the notice automatically becomes an additional judgment for
100.8 	child support.
100.9 		Subd. 5.Forms. The state court administrator must
100.10 	prepare and make available to the court and the parties forms
100.11 	for use in providing for notice and requesting a hearing under
100.12 	this section.

100.13 	Sec. 75. [517C.99] REQUIRED NOTICES.
100.14 		Subdivision 1.Requirement. Every court order or
100.15 	judgment and decree that provides for child support, spousal
100.16 	maintenance, custody, or parenting time must contain certain
100.17 	notices as set out in subdivision 3.  The information in the
100.18 	notices must be concisely stated in plain language.  The notices
100.19 	must be in clearly legible print, but may not exceed two pages.
100.20 	An order or judgment and decree without the notice remains
100.21 	subject to all statutes.  The court may waive all or part of the
100.22 	notice required under subdivision 3 relating to parental rights
100.23 	if it finds it is necessary to protect the welfare of a party or
100.24 	child.
100.25 		Subd. 2.Copies of laws and forms. The district court
100.26 	administrator must make copies of the sections referred to in
100.27 	subdivision 3 available at no charge and must provide forms to
100.28 	request or contest attorney fees and collection costs under
100.29 	section 517C.84, and cost-of-living increases under section
100.30 	517C.31.
100.31 		Subd. 3.Contents. The required notices must be
100.32 	substantially as follows:
100.33 	"IMPORTANT NOTICE 
100.34 	1.  PAYMENTS TO PUBLIC AGENCY 
100.35 	According to Minnesota Statutes, section 517C.35, payments
100.36 	ordered for maintenance and support must be paid to the
101.1 	public agency responsible for child support enforcement as
101.2 	long as the person entitled to receive the payments is
101.3 	receiving or has applied for public assistance or has
101.4 	applied for support and maintenance collection services.
101.5 	MAIL PAYMENTS TO:
101.6 	2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A
101.7 	FELONY 
101.8 	A person may be charged with a felony who conceals a minor
101.9 	child or takes, obtains, retains, or fails to return a
101.10 	minor child from or to the child's parent (or person with
101.11 	custodial or visitation rights), according to Minnesota
101.12 	Statutes, section 609.26.  A copy of that section is
101.13 	available from any district court clerk.
101.14 	3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 
101.15 	A person who fails to pay court-ordered child support or
101.16 	maintenance may be charged with a crime, which may include
101.17 	misdemeanor, gross misdemeanor, or felony charges,
101.18 	according to Minnesota Statutes, section 609.375.  A copy
101.19 	of that section is available from any district court clerk.
101.20 	4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 
101.21 	(a) Payment of support or spousal maintenance is to be as
101.22 	ordered, and the giving of gifts or making purchases of
101.23 	food, clothing, and the like will not fulfill the
101.24 	obligation.
101.25 	(b) Payment of support must be made as it becomes due, and
101.26 	failure to secure or denial of parenting time is NOT an
101.27 	excuse for nonpayment, but the aggrieved party must seek
101.28 	relief through a proper motion filed with the court.
101.29 	(c) Nonpayment of support is not grounds to deny parenting
101.30 	time.  The party entitled to receive support may apply for
101.31 	support and collection services, file a contempt motion, or
101.32 	obtain a judgment as provided in Minnesota Statutes,
101.33 	section 548.091.
101.34 	(d) The payment of support or spousal maintenance takes
101.35 	priority over payment of debts and other obligations.
101.36 	(e) A party who accepts additional obligations of support
102.1 	does so with the full knowledge of the party's prior
102.2 	obligation under this proceeding.
102.3 	(f) Child support or maintenance is based on annual income,
102.4 	and it is the responsibility of a person with seasonal
102.5 	employment to budget income so that payments are made
102.6 	throughout the year as ordered.
102.7 	(g) If the obligor is laid off from employment or receives
102.8 	a pay reduction, support may be reduced, but only if the
102.9 	obligor or public authority serves and files a motion to
102.10 	reduce the support with the court.  Any reduction will take
102.11 	effect only if ordered by the court and may only relate
102.12 	back to the time that the obligor files a motion.  If the
102.13 	obligor or public authority does not file a motion, the
102.14 	support obligation will continue at the current level.  The
102.15 	court is not permitted to reduce support retroactively,
102.16 	except as provided in Minnesota Statutes, section 517C.29.
102.17 	(h) Reasonable parenting time guidelines are contained in
102.18 	Appendix B, which is available from the court administrator.
102.19 	(i) The nonpayment of support may be enforced through the
102.20 	denial of student grants; interception of state and federal
102.21 	tax refunds; suspension of driver's, recreational, and
102.22 	occupational licenses; referral to the Department of
102.23 	Revenue or private collection agencies; seizure of assets,
102.24 	including bank accounts and other assets held by financial
102.25 	institutions; reporting to credit bureaus; interest
102.26 	charging, income withholding, and contempt proceedings; and
102.27 	other enforcement methods allowed by law.
102.28 	5.  PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 
102.29 	Unless otherwise provided by the court:
102.30 	(a) Each party has the right of access to, and to receive
102.31 	copies of, school, medical, dental, religious training, and
102.32 	other important records and information about the minor
102.33 	child.  Each party has the right of access to information
102.34 	regarding health or dental insurance available to the minor
102.35 	child.  Presentation of a copy of this order to the
102.36 	custodian of a record or other information about the minor
103.1 	child constitutes sufficient authorization for the release
103.2 	of the record or information to the requesting party.
103.3 	(b) Each party must keep the other informed as to the name
103.4 	and address of the school of attendance of the minor
103.5 	child.  Each party has the right to be informed by school
103.6 	officials about the child's welfare, educational progress
103.7 	and status, and to attend school and parent teacher
103.8 	conferences.  The school is not required to hold a separate
103.9 	conference for each party.
103.10 	(c) In case of an accident or serious illness of a minor
103.11 	child, each party must notify the other party of the
103.12 	accident or illness, and the name of the health care
103.13 	provider and the place of treatment.
103.14 	(d) Each party has the right of reasonable access and
103.15 	telephone contact with the minor child.
103.16 	6.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
103.17 	Child support and/or spousal maintenance may be withheld
103.18 	from income, with or without notice to the person obligated
103.19 	to pay, when the conditions of Minnesota Statutes, sections
103.20 	517C.51 to 517C.62, have been met.  A copy of those
103.21 	sections is available from any district court clerk.
103.22 	7.  CHANGE OF ADDRESS OR RESIDENCE 
103.23 	Unless otherwise ordered, each party must notify the other
103.24 	party, the court, and the public authority responsible for
103.25 	collection, if applicable, of the following information
103.26 	within ten days of any change:  the residential and mailing
103.27 	address; telephone number; driver's license number; Social
103.28 	Security number; and name, address, and telephone number of
103.29 	the employer.
103.30 	8.  COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 
103.31 	Child support and/or spousal maintenance may be adjusted
103.32 	every two years based upon a change in the cost of living
103.33 	(using Department of Labor Consumer Price Index ..........,
103.34 	unless otherwise specified in this order) when the
103.35 	conditions of Minnesota Statutes, section 517C.31, are met.
103.36 	Cost-of-living increases are compounded.  A copy of
104.1 	Minnesota Statutes, section 517C.31, and forms necessary to
104.2 	request or contest a cost-of-living increase are available
104.3 	from any district court clerk.
104.4 	9.  JUDGMENTS FOR UNPAID SUPPORT 
104.5 	If a person fails to make a child support payment, the
104.6 	payment owed becomes a judgment against the person
104.7 	responsible to make the payment by operation of law on or
104.8 	after the date the payment is due, and the person entitled
104.9 	to receive the payment or the public agency may obtain
104.10 	entry and docketing of the judgment WITHOUT NOTICE to the
104.11 	person responsible to make the payment under Minnesota
104.12 	Statutes, section 548.091.  Interest begins to accrue on a
104.13 	payment or installment of child support whenever the unpaid
104.14 	amount due is greater than the current support due,
104.15 	according to Minnesota Statutes, section 548.091,
104.16 	subdivision 1a.
104.17 	10.  JUDGMENTS FOR UNPAID SPOUSAL MAINTENANCE 
104.18 	A judgment for unpaid spousal maintenance may be entered
104.19 	when the conditions of Minnesota Statutes, section 548.091,
104.20 	are met.  A copy of that section is available from any
104.21 	district court clerk.
104.22 	11.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD
104.23 	SUPPORT 
104.24 	A judgment for attorney fees and other collection costs
104.25 	incurred in enforcing a child support order will be entered
104.26 	against the person responsible to pay support when the
104.27 	conditions of Minnesota Statutes, section 517C.84, are
104.28 	met.  A copy of Minnesota Statutes, section 517C.84, and
104.29 	forms necessary to request or contest these attorney fees
104.30 	and collection costs are available from any district court
104.31 	clerk.
104.32 	12.  PARENTING TIME EXPEDITOR PROCESS 
104.33 	On request of either party or on its own motion, the court
104.34 	may appoint a parenting time expeditor to resolve parenting
104.35 	time disputes under Minnesota Statutes, section 517B.26.  A
104.36 	copy of that section and a description of the expeditor
105.1 	process is available from any district court clerk.
105.2 	13.  PARENTING TIME REMEDIES AND PENALTIES 
105.3 	Remedies and penalties for the wrongful denial of parenting
105.4 	time are available under Minnesota Statutes, section
105.5 	517B.25, subdivision 7.  These include compensatory
105.6 	parenting time, civil penalties, bond requirements,
105.7 	contempt, and reversal of custody.  A copy of that
105.8 	subdivision and forms for requesting relief are available
105.9 	from any district court clerk." 

105.10 	Sec. 76. APPROPRIATIONS.
 105.11 	$2,601,000 is appropriated in fiscal year 2006 from the
105.12 	general fund to the commissioner of human services to fund
105.13 	implementation of the Minnesota Child Support Act and to
105.14 	reimburse counties for their implementation costs.  The
105.15 	commissioner of human services shall devise an equitable system
105.16 	to reimburse counties for their costs of implementing the
105.17 	Minnesota Child Support Act.  This is a onetime appropriation.
105.18 	Any unencumbered balance remaining in the first year does not
105.19 	cancel and is available the second year of the biennium.
105.20 	$1,087,000 is appropriated in fiscal year 2007 from the
105.21 	general fund to the Supreme Court administrator to fund
105.22 	implementation of the Minnesota Child Support Act.

105.23 	EFFECTIVE DATE. This section is effective July 1, 2005.

105.24 	Sec. 77. REVISOR'S INSTRUCTION.
 105.25 	(a) The revisor of statutes must correct internal cross-
105.26 	references to sections that are now in Minnesota Statutes,
105.27 	chapter 517C, throughout Minnesota Statutes and Minnesota Rules.
105.28 	(b) If a provision of a section of Minnesota Statutes
105.29 	amended by this act is amended by the 2005 regular legislative
105.30 	session or 2005 special legislative session, if any, the revisor
105.31 	shall codify the amendment consistent with the recodification of
105.32 	the affected section by this act, notwithstanding any law to the
105.33 	contrary.  In sections affected by this instruction, the revisor
105.34 	may make changes necessary to correct the punctuation, grammar,
105.35 	or structure of the remaining text and preserve its meaning.

105.36 	Sec. 78. REPEALER.
 106.1 	Minnesota Statutes 2004, sections 518.111; 518.171;
106.2 	518.255; 518.54, subdivisions 2, 4a, 13, and 14; 518.551,
106.3 	subdivisions 1, 5, 5a, 5b, 5c, 5d, 5e, 5f, 6, 7, 9, 11, 12, 13,
106.4 	13a, 14, and 15; 518.5513; 518.553; 518.57; 518.575; 518.585;
106.5 	518.5851; 518.5852; 518.5853; 518.61; 518.6111; 518.614;
106.6 	518.615; 518.616; 518.617; 518.618; 518.6195; 518.6196; and
106.7 	518.68, are repealed.

106.8 	Sec. 79. EFFECTIVE DATE.
 106.9 	Unless otherwise specified, this act is effective July 1,
106.10 	2007, and applies to all actions commenced and motions served on
106.11 	or after July 1, 2007.

106.12 	ARTICLE 3
106.13 	MISCELLANEOUS

106.14 	Section 1. Minnesota Statutes 2004, section 518.1705,
106.15 	subdivision 7, is amended to read:
106.16 		Subd. 7.Moving the child to another state.  Parents may
106.17 	agree, but the court must not require, that in a parenting plan
106.18 	the factors in section 518.17 or 257.025, as applicable,upon
106.19 	the legal standard that will govern a decision concerning
106.20 	removal of a child's residence from this state, provided that:
106.21 	(1) both parents were represented by counsel when the
106.22 	parenting plan was approved; or
106.23 	(2) the court found the parents were fully informed, the
106.24 	agreement was voluntary, and the parents were aware of its
106.25 	implications.

106.26 	Sec. 2. Minnesota Statutes 2004, section 518.175,
106.27 	subdivision 3, is amended to read:
106.28 		Subd. 3.Move to another state.  The parent with whom the
106.29 	child resides shall not move the residence of the child to
106.30 	another state except upon order of the court or with the consent
106.31 	of the other parent, if the other parent has been given
106.32 	parenting time by the decree.  If the purpose of the move is to
106.33 	interfere with parenting time given to the other parent by the
106.34 	decree, the court shall not permit the child's residence to be
106.35 	moved to another state.
106.36 	The court shall apply a best interests standard when
107.1 	considering the request of the parent with whom the child
107.2 	resides to move the child's residence to another state.  The
107.3 	factors the court must consider in determining the child's best
107.4 	interests include, but are not limited to, the following:
107.5 	(1) the nature, quality, extent of involvement, and
107.6 	duration of the child's relationship with the person proposing
107.7 	to relocate and with the nonrelocating person, siblings, and
107.8 	other significant persons in the child's life;
107.9 	(2) the age, developmental stage, needs of the child, and
107.10 	the likely impact the relocation will have on the child's
107.11 	physical, educational, and emotional development, taking into
107.12 	consideration any special needs of the child;
107.13 	(3) the feasibility of preserving the relationship between
107.14 	the nonrelocating person and the child through suitable
107.15 	parenting time arrangements, considering the logistics and
107.16 	financial circumstances of the parties;
107.17 	(4) the child's preference, taking into consideration the
107.18 	age and maturity of the child;
107.19 	(5) whether there is an established pattern of conduct of
107.20 	the person seeking the relocation either to promote or thwart
107.21 	the relationship of the child and the nonrelocating person;
107.22 	(6) whether the relocation of the child will enhance the
107.23 	general quality of the life for both the custodial parent
107.24 	seeking the relocation and the child including, but not limited
107.25 	to, financial or emotional benefit or educational opportunity;
107.26 	(7) the reasons of each person for seeking or opposing the
107.27 	relocation;
107.28 	(8) the effect on the safety and welfare of the child, or
107.29 	the parent requesting to move the child's residence, of domestic
107.30 	abuse, as defined in section 518B.01; and 
107.31 	(9) any other factor affecting the best interests of the
107.32 	child.
107.33 	The burden of proof is upon the parent requesting to move
107.34 	the residence of the child to another state, except that if the
107.35 	court finds the existence of domestic abuse between the parents,
107.36 	the burden of proof is upon the parent opposing the move.

108.1 	Sec. 3. Minnesota Statutes 2004, section 518.18, is
108.2 	amended to read:
108.3 	518.18 MODIFICATION OF ORDER.
108.4 	(a) Unless agreed to in writing by the parties, no motion
108.5 	to modify a custody order or parenting plan may be made earlier
108.6 	than one year after the date of the entry of a decree of
108.7 	dissolution or legal separation containing a provision dealing
108.8 	with custody, except in accordance with paragraph (c).
108.9 	(b) If a motion for modification has been heard, whether or
108.10 	not it was granted, unless agreed to in writing by the parties
108.11 	no subsequent motion may be filed within two years after
108.12 	disposition of the prior motion on its merits, except in
108.13 	accordance with paragraph (c).
108.14 	(c) The time limitations prescribed in paragraphs (a) and
108.15 	(b) shall not prohibit a motion to modify a custody order or
108.16 	parenting plan if the court finds that there is persistent and
108.17 	willful denial or interference with parenting time, or has
108.18 	reason to believe that the child's present environment may
108.19 	endanger the child's physical or emotional health or impair the
108.20 	child's emotional development.
108.21 	(d) If the court has jurisdiction to determine child
108.22 	custody matters, the court shall not modify a prior custody
108.23 	order or a parenting plan provision which specifies the child's
108.24 	primary residence unless it finds, upon the basis of facts,
108.25 	including unwarranted denial of, or interference with, a duly
108.26 	established parenting time schedule, that have arisen since the
108.27 	prior order or that were unknown to the court at the time of the
108.28 	prior order, that a change has occurred in the circumstances of
108.29 	the child or the parties and that the modification is necessary
108.30 	to serve the best interests of the child.  In applying these
108.31 	standards the court shall retain the custody arrangement or the
108.32 	parenting plan provision specifying the child's primary
108.33 	residence that was established by the prior order unless:
108.34 	(i) the court finds that a change in the custody
108.35 	arrangement or primary residence is in the best interests of the
108.36 	child and the parties previously agreed, in a writing approved
109.1 	by a court, to apply the best interests standard in section
109.2 	518.17 or 257.025, as applicable; and, with respect to
109.3 	agreements approved by a court on or after April 28, 2000, both
109.4 	parties were represented by counsel when the agreement was
109.5 	approved or the court found the parties were fully informed, the
109.6 	agreement was voluntary, and the parties were aware of its
109.7 	implications;
109.8 	(ii) both parties agree to the modification;
109.9 	(iii) the child has been integrated into the family of the
109.10 	petitioner with the consent of the other party; or 
109.11 	(iv) the child's present environment endangers the child's
109.12 	physical or emotional health or impairs the child's emotional
109.13 	development and the harm likely to be caused by a change of
109.14 	environment is outweighed by the advantage of a change to the
109.15 	child; or 
109.16 	(v) the court has denied a request of the primary custodial
109.17 	parent to move the residence of the child to another state, and
109.18 	the primary custodial parent has relocated to another state
109.19 	despite the court's order.
109.20 	In addition, a court may modify a custody order or
109.21 	parenting plan under section 631.52.
109.22 	(e) In deciding whether to modify a prior joint custody
109.23 	order, the court shall apply the standards set forth in
109.24 	paragraph (d) unless:  (1) the parties agree in writing to the
109.25 	application of a different standard, or (2) the party seeking
109.26 	the modification is asking the court for permission to move the
109.27 	residence of the child to another state.
109.28 	(f) If a parent has been granted sole physical custody of a
109.29 	minor and the child subsequently lives with the other parent,
109.30 	and temporary sole physical custody has been approved by the
109.31 	court or by a court-appointed referee, the court may suspend the
109.32 	obligor's child support obligation pending the final custody
109.33 	determination.  The court's order denying the suspension of
109.34 	child support must include a written explanation of the reasons
109.35 	why continuation of the child support obligation would be in the
109.36 	best interests of the child.

110.1 	Sec. 4. Minnesota Statutes 2004, section 518.58,
110.2 	subdivision 4, is amended to read:
110.3 		Subd. 4.Pension plans.  (a) The division of marital
110.4 	property that represents pension plan benefits or rights in the
110.5 	form of future pension plan payments:
110.6 	(1) is payable only to the extent of the amount of the
110.7 	pension plan benefit payable under the terms of the plan;
110.8 	(2) is not payable for a period that exceeds the time that
110.9 	pension plan benefits are payable to the pension plan benefit
110.10 	recipient;
110.11 	(3) is not payable in a lump sum amount from defined
110.12 	benefit pension plan assets attributable in any fashion to a
110.13 	spouse with the status of an active member, deferred retiree, or
110.14 	benefit recipient of a pension plan;
110.15 	(4) if the former spouse to whom the payments are to be
110.16 	made dies prior to the end of the specified payment period with
110.17 	the right to any remaining payments accruing to an estate or to
110.18 	more than one survivor, is payable only to a trustee on behalf
110.19 	of the estate or the group of survivors for subsequent
110.20 	apportionment by the trustee; and
110.21 	(5) in the case of defined benefit public pension plan
110.22 	benefits or rights, may not commence until the public plan
110.23 	member submits a valid application for a public pension plan
110.24 	benefit and the benefit becomes payable.
110.25 	(b) The individual retirement account plans established
110.26 	under chapter 354B may provide in its plan document, if
110.27 	published and made generally available, for an alternative
110.28 	marital property division or distribution of individual
110.29 	retirement account plan assets.  If an alternative division or
110.30 	distribution procedure is provided, it applies in place of
110.31 	paragraph (a), clause (5).

110.32 	Sec. 5. Minnesota Statutes 2004, section 518.64, is
110.33 	amended by adding a subdivision to read:
110.34 		Subd. 7.Military service. (a) An increase or decrease
110.35 	in an obligor's income because of active military service is
110.36 	grounds for a motion for a modification of support even if the
111.1 	increase or decrease in the obligor's income would not otherwise
111.2 	qualify for modification under this section.
111.3 	(b) If an obligor who makes a motion to modify support is
111.4 	unable to appear at a proceeding because of being called into
111.5 	active duty, the court must, upon request of the obligor, stay
111.6 	further proceedings until the obligor returns from active duty
111.7 	or is able to appear by alternate means.  If the obligor chooses
111.8 	to proceed without appearing, the court may determine the
111.9 	current support obligation based upon documentary evidence of
111.10 	the obligor's income without requiring the obligor's
111.11 	appearance.  The state court administrator shall prepare a form
111.12 	to allow an obligor to request a modification without appearance.
111.13 	(c) If there has been a modification under this
111.14 	subdivision, the obligor's return from active military service
111.15 	is grounds for a motion for modification of support even if the
111.16 	increase or decrease in the obligor's income would not otherwise
111.17 	qualify for a modification under this section.
111.18 	(d) An obligor whose support obligation has been modified
111.19 	under this subdivision shall notify the obligee and the public
111.20 	authority, if the public authority is providing support
111.21 	enforcement services, within 30 days of the obligor's return
111.22 	from active military service.
111.23 	(e) For purposes of this subdivision, "active military
111.24 	service" has the meaning given to the term "active service" in
111.25 	section 190.05, subdivision 5, when the obligor has been ordered
111.26 	to active military service for 30 or more days.

111.27 	Sec. 6. EFFECTIVE DATE.
 111.28 	Section 5 is effective the day following final enactment.