1.1 	A bill for an act
1.2 	relating to family law; clarifying "the best interests
1.3 	of the child"; establishing a rebuttable presumption
1.4 	in favor of joint legal and physical custody;
1.5 	providing child support guidelines; making related
1.6 	technical changes; amending Minnesota Statutes 2004,
1.7 	sections 518.17, subdivisions 1, 2; 518.551, by adding
1.8 	a subdivision; 518.5513, subdivision 3; 518.64,
1.9 	subdivision 2; 611.20, subdivision 6; proposing coding
1.10 	for new law in Minnesota Statutes, chapter 518;
1.11 	repealing Minnesota Statutes 2004, sections 518.17,
1.12 	subdivisions 1a, 3, 6; 518.551, subdivisions 5, 5f.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

3.20 	Sec. 2. Minnesota Statutes 2004, section 518.17,
3.21 	subdivision 2, is amended to read:
3.22 		Subd. 2.factors when joint custody is sought rebuttable
3.23 	presumptions in child custody disputes. In addition to the
3.24 	factors listed in subdivision 1, where either joint legal or
3.25 	joint physical custody is contemplated or sought, the court
3.26 	shall consider the following relevant factors:
3.27 	(a) the ability of parents to cooperate in the rearing of
3.28 	their children;The court shall use a rebuttable presumption
3.29 	that joint legal and physical custody is in the best interests
3.30 	of the child.  Any departure from that presumption must be
3.31 	justified by detailed findings.  Whenever it appears that the
3.32 	parents have difficulty in communication or cooperation with
3.33 	respect to the child, the court may establish rules which govern
3.34 	in case of disagreement between them.
3.35 	(b) methods for resolving disputes regarding any major
3.36 	decision concerning the life of the child, and the parents'
4.1 	willingness to use those methods;If it appears that both
4.2 	parents are fit, but that joint legal and physical custody is
4.3 	not feasible and cannot be remedied by rules which govern in
4.4 	case of disagreement between the parents, the court shall use a
4.5 	rebuttable presumption that the best interests of the child will
4.6 	be served by granting legal and physical custody to the parent
4.7 	more disposed to encourage and permit frequent and continuing
4.8 	contact with the child by the other parent.  Any departure from
4.9 	that presumption must be justified by detailed findings.
4.10 	(c) whether it would be detrimental to the child if one
4.11 	parent were to have sole authority over the child's upbringing;
4.12 	and 
4.13 	(d) whether domestic abuse, as defined in section 518B.01,
4.14 	has occurred between the parents.
4.15 	The court shall use a rebuttable presumption that upon
4.16 	request of either or both parties, joint legal custody is in the
4.17 	best interests of the child.  However,The court shall use a
4.18 	rebuttable presumption that joint legal or physical custody is
4.19 	not in the best interests of the child if domestic abuse, as
4.20 	defined in section 518B.01, has occurred between the parents.
4.21 	If the court awards joint legal or physical custody over
4.22 	the objection of a party, the court shall make detailed findings
4.23 	on each of the factors in this subdivision and explain how the
4.24 	factors led to its determination that joint custody would be in
4.25 	the best interests of the child.Use of that presumption
4.26 	requires detailed findings.
4.27 	
EFFECTIVE DATE. This section is effective the day
4.28 	following final enactment.

4.29 	Sec. 3. Minnesota Statutes 2004, section 518.551, is
4.30 	amended by adding a subdivision to read:
4.31 		Subd. 1a.Notice to public authority; guidelines. The
4.32 	petitioner shall notify the public authority of all proceedings
4.33 	for dissolution, legal separation, determination of parentage,
4.34 	or custody of a child if either party is receiving public
4.35 	assistance or applies for it subsequent to the commencement of
4.36 	the proceeding.  The notice must contain the full names of the
5.1 	parties to the proceeding, their Social Security account
5.2 	numbers, and their birth dates.  After receipt of the notice,
5.3 	the court shall set child support as provided in section 518.571.
5.4 	
EFFECTIVE DATE. This section is effective the day
5.5 	following final enactment.

5.6 	Sec. 4. [518.571] CHILD SUPPORT.
5.7 		Subdivision 1.Basic support obligation. In all cases of
5.8 	dissolution of marriage, separate maintenance, adjudication of
5.9 	paternity, and all other cases in which child support must be
5.10 	apportioned between them, both parents have an equal duty to pay
5.11 	for the actual cost of supplying the reasonable needs of the
5.12 	child or children had in common between them in proportion to
5.13 	their respective incomes and resources.  For this purpose,
5.14 	reasonable needs consist of basic needs, including health care,
5.15 	day care occasioned by employment, suitable education, food, and
5.16 	shelter, with adjustments dictated by any special needs and
5.17 	circumstances.  The best interests of the child or children are
5.18 	served, so far as this state is concerned, when this obligation
5.19 	is fairly satisfied.
5.20 		Subd. 2.Support guidelines. (a) The guidelines in this
5.21 	subdivision apply as a rebuttable presumption in all child
5.22 	support cases.  The guidelines must be used to determine the
5.23 	presumed monthly obligation for temporary and permanent orders
5.24 	in both contested and uncontested cases, and whenever necessary
5.25 	to determine whether an existing order is just and appropriate.
5.26 	The court may deviate from the presumed monthly obligation if,
5.27 	in light of a preponderance of evidence offered and received, it
5.28 	appears that the monthly presumed obligation is substantially
5.29 	higher or lower than the basic support obligation defined in
5.30 	subdivision 1 and the court makes written findings or specific
5.31 	findings on the record to that effect.  In considering whether
5.32 	deviation is required, the court may consider special needs and
5.33 	circumstances and in-kind contributions, any tax credits or
5.34 	other tax benefits associated with physical custody, earning
5.35 	capacity based on marketable skills and the availability of
5.36 	work, assets that can be liquidated without great loss of value,
6.1 	preexisting child support obligations, and unusually high debt
6.2 	structure of either parent.
6.3 	(b) For purposes of paragraph (d), "adjusted gross income"
6.4 	means gross income for federal income tax purposes, plus alimony
6.5 	or spousal maintenance received, minus alimony or spousal
6.6 	maintenance paid, and minus one-half of federal self-employment
6.7 	taxes paid.  Adjusted gross income per month means adjusted
6.8 	gross income for the tax year in question, divided by 12.
6.9 	(c)(1) In determining adjusted gross income, if the court
6.10 	finds a parent is voluntarily unemployed or underemployed, the
6.11 	court must calculate support based on a determination of imputed
6.12 	income.  The principals of imputed income apply equally to both
6.13 	parents.
6.14 	(2) Imputed income means the estimated earning capacity of
6.15 	a parent based on the parent's prior earning history, education,
6.16 	and job skills and the availability of jobs within the community
6.17 	for an individual with the parent's qualifications.
6.18 	(3) If there is insufficient information to determine
6.19 	actual income or to impute income, the court may calculate
6.20 	support based on full-time employment of 40 hours per week at
6.21 	150 percent of the federal minimum wage or the Minnesota minimum
6.22 	wage, whichever is higher.
6.23 	(d) In order to determine the presumed monthly cost of
6.24 	raising the child or children to be supported, the court must
6.25 	ascertain the adjusted gross income per month for each parent,
6.26 	add the two amounts together, and then determine the presumed
6.27 	cost, depending on the number of children to be supported,
6.28 	according to the following schedule which represents the actual
6.29 	cost of providing for the basic needs of children, excluding day
6.30 	care, private education, and health care.
6.31 	Parents' Number of Children
6.32 	Combined
6.33 	Monthly Income One Two Three Four Five Six 
6.34 	$    0-   199 $   10 $   16 $   19 $   22 $   25 $   29 
6.35 	200-   299 20 32 37 43 50 58 
6.36 	300-   399 30 48 56 65 75 87 
6.37 	400-   499 40 64 74 86 100 116 
7.1 	500-   599 50 81 93 108 126 146 
7.2 	600-   699 60 97 112 130 151 175 
7.3 	700-   799 70 113 130 151 176 204 
7.4 	800-   899 80 129 149 173 201 233 
7.5 	900-   999 90 145 167 194 226 262 
7.6 	1,000- 1,099 116 161 186 216 251 291 
7.7 	1,100- 1,199 145 205 237 275 320 370 
7.8 	1,200- 1,299 177 254 294 341 396 459 
7.9 	1,300- 1,399 212 309 356 414 480 557 
7.10 	1,400- 1,499 251 368 425 493 573 664 
7.11 	1,500- 1,599 292 433 500 580 673 780 
7.12 	1,600- 1,699 337 502 580 673 781 905 
7.13 	1,700- 1,799 385 577 666 773 897 1,040 
7.14 	1,800- 1,899 436 657 758 880 1,021 1,183 
7.15 	1,900- 1,999 490 742 856 994 1,152 1,336 
7.16 	2,000- 2,099 516 832 960 1,114 1,292 1,498 
7.17 	2,100- 2,199 528 851 981 1,139 1,320 1,531 
7.18 	2,200- 2,299 538 867 1,000 1,160 1,346 1,561 
7.19 	2,300- 2,399 546 881 1,016 1,179 1,367 1,586 
7.20 	2,400- 2,499 554 893 1,029 1,195 1,385 1,608 
7.21 	2,500- 2,599 560 903 1,040 1,208 1,400 1,625 
7.22 	2,600- 2,699 570 920 1,060 1,230 1,426 1,655 
7.23 	2,700- 2,799 580 936 1,078 1,251 1,450 1,683 
7.24 	2,800- 2,899 589 950 1,094 1,270 1,472 1,707 
7.25 	2,900- 2,999 596 963 1,109 1,287 1,492 1,730 
7.26 	3,000- 3,099 603 975 1,122 1,302 1,509 1,749 
7.27 	3,100- 3,199 613 991 1,141 1,324 1,535 1,779 
7.28 	3,200- 3,299 623 1,007 1,158 1,344 1,558 1,807 
7.29 	3,300- 3,399 632 1,021 1,175 1,363 1,581 1,833 
7.30 	3,400- 3,499 640 1,034 1,190 1,380 1,601 1,857 
7.31 	3,500- 3,599 648 1,047 1,204 1,397 1,621 1,880 
7.32 	3,600- 3,699 657 1,062 1,223 1,418 1,646 1,909 
7.33 	3,700- 3,799 667 1,077 1,240 1,439 1,670 1,937 
7.34 	3,800- 3,899 676 1,018 1,257 1,459 1,693 1,963 
7.35 	3,900- 3,999 684 1,104 1,273 1,478 1,715 1,988 
7.36 	4,000- 4,099 692 1,116 1,288 1,496 1,736 2,012 
8.1 	4,100- 4,199 701 1,132 1,305 1,516 1,759 2,039 
8.2 	4,200- 4,299 710 1,147 1,322 1,536 1,781 2,064 
8.3 	4,300- 4,399 718 1,161 1,338 1,554 1,802 2,088 
8.4 	4,400- 4,499 726 1,175 1,353 1,572 1,822 2,111 
8.5 	4,500- 4,599 734 1,184 1,368 1,589 1,841 2,133 
8.6 	4,600- 4,699 743 1,200 1,386 1,608 1,864 2,160 
8.7 	4,700- 4,799 753 1,215 1,402 1,627 1,887 2,186 
8.8 	4,800- 4,899 762 1,231 1,419 1,645 1,908 2,212 
8.9 	4,900- 4,999 771 1,246 1,435 1,663 1,930 2,236 
8.10 	5,000- 5,099 780 1,260 1,450 1,680 1,950 2,260 
8.11 	5,100- 5,199 788 1,275 1,468 1,701 1,975 2,289 
8.12 	5,200- 5,299 797 1,290 1,485 1,722 1,999 2,317 
8.13 	5,300- 5,399 805 1,304 1,502 1,743 2,022 2,345 
8.14 	5,400- 5,499 812 1,318 1,518 1,763 2,046 2,372 
8.15 	5,500- 5,599 820 1,331 1,535 1,782 2,068 2,398 
8.16 	5,600- 5,699 829 1,346 1,551 1,801 2,090 2,424 
8.17 	5,700- 5,799 838 1,357 1,568 1,819 2,111 2,449 
8.18 	5,800- 5,899 847 1,376 1,583 1,837 2,132 2,473 
8.19 	5,900- 5,999 856 1,390 1,599 1,855 2,152 2,497 
8.20 	6,000- 6,099 864 1,404 1,614 1,872 2,172 2,520 
8.21 	6,100- 6,199 874 1,419 1,631 1,892 2,195 2,546 
8.22 	6,200- 6,299 883 1,433 1,645 1,912 2,217 2,572 
8.23 	6,300- 6,399 892 1,448 1,664 1,932 2,239 2,597 
8.24 	6,400- 6,499 901 1,462 1,682 1,951 2,260 2,621 
8.25 	6,500- 6,599 910 1,476 1,697 1,970 2,282 2,646 
8.26 	6,600- 6,699 919 1,490 1,713 1,989 2,305 2,673 
8.27 	6,700- 6,799 927 1,505 1,730 2,009 2,328 2,700 
8.28 	6,800- 6,899 936 1,519 1,746 2,028 2,350 2,727 
8.29 	6,900- 6,999 944 1,533 1,762 2,047 2,379 2,753 
8.30 	7,000- 7,099 952 1,547 1,778 2,065 2,394 2,779 
8.31 	7,100- 7,199 961 1,561 1,795 2,085 2,417 2,805 
8.32 	7,200- 7,299 971 1,574 1,812 2,104 2,439 2,830 
8.33 	7,300- 7,399 980 1,587 1,828 2,123 2,462 2,854 
8.34 	7,400- 7,499 989 1,600 1,844 2,142 2,483 2,879 
8.35 	7,500- 7,599 998 1,613 1,860 2,160 2,505 2,903 
8.36 	7,600- 7,699 1,006 1,628 1,877 2,180 2,528 2,929 
9.1 	7,700- 7,799 1,015 1,643 1,894 2,199 2,550 2,955 
9.2 	7,800- 7,899 1,023 1,658 1,911 2,218 2,572 2,981 
9.3 	7,900- 7,999 1,032 1,673 1,928 2,237 2,594 3,007 
9.4 	8,000- 8,099 1,040 1,688 1,944 2,256 2,616 3,032 
9.5 	8,100- 8,199 1,048 1,703 1,960 2,274 2,637 3,057 
9.6 	8,200- 8,299 1,056 1,717 1,976 2,293 2,658 3,082 
9.7 	8,300- 8,399 1,064 1,731 1,992 2,311 2,679 3,106 
9.8 	8,400- 8,499 1,072 1,746 2,008 2,328 2,700 3,130 
9.9 	8,500- 8,599 1,080 1,760 2,023 2,346 2,720 3,154 
9.10 	8,600- 8,699 1,092 1,780 2,047 2,374 2,752 3,191 
9.11 	8,700- 8,799 1,105 1,801 2,071 2,401 2,784 3,228 
9.12 	8,800- 8,899 1,118 1,822 2,094 2,429 2,816 3,265 
9.13 	8,900- 8,999 1,130 1,842 2,118 2,456 2,848 3,302 
9.14 	9,000- 9,099 1,143 1,863 2,142 2,484 2,880 3,339 
9.15 	9,100- 9,199 1,156 1,884 2,166 2,512 2,912 3,376 
9.16 	9,200- 9,299 1,168 1,904 2,190 2,539 2,944 3,413 
9.17 	9,300- 9,399 1,181 1,925 2,213 2,567 2,976 3,450 
9.18 	9,400- 9,499 1,194 1,946 2,237 2,594 3,008 3,487 
9.19 	9,500- 9,599 1,207 1,967 2,261 2,622 3,040 3,525 
9.20 	9,600- 9,699 1,219 1,987 2,285 2,650 3,072 3,562 
9.21 	9,700- 9,799 1,232 2,008 2,309 2,677 3,104 3,599 
9.22 	9,800- 9,899 1,245 2,029 2,332 2,705 3,136 3,636 
9.23 	9,900- 9,999 1,257 2,049 2,356 2,732 3,168 3,673 
9.24 	10,000-10,099 1,270 2,070 2,380 2,760 3,200 3,710 
9.25 	10,100-10,199 1,283 2,091 2,404 2,788 3,232 3,747 
9.26 	10,200-10,299 1,295 2,111 2,428 2,815 3,264 3,784 
9.27 	10,300-10,399 1,308 2,132 2,451 2,843 3,296 3,821 
9.28 	10,400-10,499 1,321 2,153 2,475 2,870 3,328 3,858 
9.29 	10,500-10,599 1,334 2,174 2,499 2,898 3,360 3,896 
9.30 	10,600-10,699 1,346 2,194 2,523 2,926 3,392 3,933 
9.31 	10,700-10,799 1,359 2,215 2,547 2,953 3,424 3,970 
9.32 	10,800-10,899 1,372 2,236 2,570 2,981 3,456 4,007 
9.33 	10,900-10,999 1,384 2,256 2,594 3,008 3,488 4,044 
9.34 	11,000-11,099 1,397 2,277 2,618 3,036 3,520 4,081 
9.35 	11,100-11,199 1,410 2,298 2,642 3,064 3,552 4,118 
9.36 	11,200-11,299 1,422 2,318 2,666 3,091 3,584 4,155 
10.1 	11,300-11,399 1,435 2,339 2,689 3,119 3,616 4,192 
10.2 	11,400-11,499 1,448 2,360 2,713 3,146 3,648 4,229 
10.3 	11,500-11,599 1,461 2,381 2,737 3,174 3,680 4,267 
10.4 	11,600-11,699 1,473 2,401 2,761 3,202 3,712 4,304 
10.5 	11,700-11,799 1,486 2,422 2,785 3,229 3,744 4,341 
10.6 	11,800-11,899 1,499 2,443 2,808 3,257 3,776 4,378 
10.7 	11,900-11,999 1,511 2,463 2,832 3,284 3,808 4,415 
10.8 	12,000-12,099 1,524 2,484 2,856 3,312 3,840 4,452 
10.9 	12,100-12,199 1,537 2,505 2,880 3,340 3,872 4,489 
10.10 	12,200-12,299 1,549 2,525 2,904 3,367 3,904 4,526 
10.11 	12,300-12,399 1,562 2,546 2,927 3,395 3,936 4,563 
10.12 	12,400-12,499 1,575 2,567 2,951 3,422 3,968 4,600 
10.13 	12,500-12,599 1,588 2,588 2,975 3,450 4,000 4,638 
10.14 	12,600-12,699 1,600 2,608 2,999 3,478 4,032 4,675 
10.15 	12,700-12,799 1,613 2,629 3,023 3,505 4,064 4,712 
10.16 	12,800-12,899 1,626 2,650 3,046 3,533 4,096 4,749 
10.17 	12,900-12,999 1,638 2,670 3,070 3,560 4,128 4,786 
10.18 	13,000-13,099 1,651 2,691 3,094 3,588 4,160 4,823 
10.19 	13,100-13,199 1,664 2,712 3,118 3,616 4,192 4,860 
10.20 	13,200-13,299 1,676 2,732 3,142 3,643 4,224 4,897 
10.21 	13,300-13,399 1,689 2,753 3,165 3,671 4,256 4,934 
10.22 	13,400-13,499 1,702 2,774 3,189 3,698 4,288 4,971 
10.23 	13,500-13,599 1,715 2,795 3,213 3,726 4,320 5,009 
10.24 	13,600-13,699 1,727 2,815 3,237 3,754 4,352 5,046 
10.25 	13,700-13,799 1,740 2,836 3,261 3,781 4,384 5,083 
10.26 	13,800-13,899 1,753 2,857 3,284 3,809 4,416 5,120 
10.27 	13,900-13,999 1,765 2,877 3,308 3,836 4,448 5,157 
10.28 	14,000-14,009 1,778 2,898 3,332 3,864 4,480 5,194 
10.29 	14,100-14,199 1,791 2,919 3,356 3,892 4,512 5,231 
10.30 	14,200-14,299 1,803 2,939 3,380 3,919 4,544 5,268 
10.31 	14,300-14,399 1,816 2,960 3,403 3,947 4,576 5,305 
10.32 	14,400-14,499 1,829 2,981 3,427 3,974 4,608 5,342 
10.33 	14,500-14,599 1,842 3,002 3,451 4,002 4,640 5,380 
10.34 	14,600-14,699 1,854 3,022 3,475 4,030 4,672 5,417 
10.35 	14,700-14,799 1,867 3,043 3,499 4,057 4,704 5,454 
10.36 	14,800-14,899 1,880 3,064 3,522 4,085 4,736 5,491 
11.1 	14,900-14,999 1,892 3,084 3,546 4,112 4,768 5,528 
11.2 	15,000 or 1,905 3,105 3,570 4,140 4,800 5,565 
11.3 	higher 
11.4 	(e) In order to determine the presumed monthly obligation
11.5 	for a parent not granted physical custody, divide the amount of
11.6 	adjusted gross income per month of that parent by the combined
11.7 	adjusted gross income per month of both parents, then multiply
11.8 	the resulting fraction by the presumed cost per month of raising
11.9 	the child or children to be supported.
11.10 	(f) If joint physical custody has been granted and time is
11.11 	apportioned between the parents, the presumed monthly obligation
11.12 	of each parent must be determined in reference to paragraph (c)
11.13 	and the time during which the other parent has primary care and
11.14 	control of the child or children.
11.15 	(g) Whether or not joint physical custody is granted, the
11.16 	court may, if the interests of justice require, offset and
11.17 	prorate obligations to determine a net monthly obligation which
11.18 	one parent must pay the other, so as to accommodate substantial
11.19 	costs incurred by a parent in supporting the child while the
11.20 	child lives with that parent, and enter an order accordingly.
11.21 		Subd. 3.Child care costs. Unless otherwise agreed to by
11.22 	the parties and approved by the court, the court must order that
11.23 	the child care costs be divided equally between the parties.
11.24 	For purposes of this subdivision, "child care costs" means 75
11.25 	percent of the actual child care costs to reflect the
11.26 	approximate value of available state and federal tax credits.
11.27 		Subd. 4.Medical support. (a) Unless otherwise agreed to
11.28 	by the parties and approved by the court, the court must order
11.29 	that the cost of health care coverage and all unreimbursed and
11.30 	uninsured medical expenses be divided equally between the
11.31 	parties.
11.32 	(b) If a party owes a child support obligation for a child
11.33 	and is ordered to carry health care coverage for the child, and
11.34 	the other party is ordered to contribute to the carrying party's
11.35 	cost for coverage, the carrying party's child support payment
11.36 	must be reduced by one-half of the amount of the contributing
12.1 	party's contribution.
12.2 	(c) If a party owes a child support obligation for a child
12.3 	and is ordered to contribute to the other party's cost for
12.4 	carrying health care coverage for the child, the contributing
12.5 	party's child support payment must be increased by one-half of
12.6 	the amount of the contribution.
12.7 	(d) If the party ordered to carry health care coverage for
12.8 	the child already carries dependent health care coverage for
12.9 	other children and would incur no additional premium costs to
12.10 	add the child to the existing coverage, the court must not order
12.11 	the other party to contribute to the premium costs for coverage
12.12 	of the child.
12.13 		Subd. 5.Duration and termination of duty. The duty to
12.14 	provide support for a minor child continues until the child
12.15 	reaches the age of 18 or graduates from high school, whichever
12.16 	occurs later, but in no event may the duty continue after the
12.17 	child reaches the age of 20, dies, marries, lives an emancipated
12.18 	lifestyle, enters military service, or becomes a fugitive from
12.19 	justice.
12.20 		Subd. 6.Manner of payment. If the situation warrants
12.21 	and undue inconvenience will not result, or if the parties
12.22 	agree, the court may order payment directly from the obligor to
12.23 	the obligee without intervention of the Department of Human
12.24 	Services.  Payment of child support may be made other than on a
12.25 	monthly basis, even though the amount of child support is
12.26 	calculated on a monthly basis.
12.27 		Subd. 7.Special relief. Notwithstanding any other part
12.28 	of this section or other provision of law, a motion may be made
12.29 	by any obligor or obligee at any time for modification of child
12.30 	support, if the obligor or obligee can demonstrate that child
12.31 	support ordered deviates from the amount specified in
12.32 	subdivision 1.  In criminal proceedings or proceedings to impose
12.33 	sanctions of criminal or civil contempt for failure to pay child
12.34 	support, an affirmative defense may be set up, based on a
12.35 	preponderance of the evidence, to the extent that child support
12.36 	previously ordered exceeds the amount defined in subdivision 1.
13.1 	
EFFECTIVE DATE. This section is effective the day
13.2 	following final enactment.

13.3 	Sec. 5. Minnesota Statutes 2004, section 518.5513,
13.4 	subdivision 3, is amended to read:
13.5 		Subd. 3.Contents of pleadings.  (a) In cases involving
13.6 	establishment or modification of a child support order, the
13.7 	initiating party shall include the following information, if
13.8 	known, in the pleadings:
13.9 	(1) names, addresses, and dates of birth of the parties;
13.10 	(2) Social Security numbers of the parties and the minor
13.11 	children of the parties, which information shall be considered
13.12 	private information and shall be available only to the parties,
13.13 	the court, and the public authority;
13.14 	(3) other support obligations of the obligor;
13.15 	(4) names and addresses of the parties' employers;
13.16 	(5) net adjusted gross income of the parties as defined in
13.17 	section 518.551 518.571, subdivision 5 2, with the authorized
13.18 	deductions itemized;
13.19 	(6) amounts and sources of any other earnings and income of
13.20 	the parties;
13.21 	(7) health insurance coverage of parties;
13.22 	(8) types and amounts of public assistance received by the
13.23 	parties, including Minnesota family investment plan, child care
13.24 	assistance, medical assistance, MinnesotaCare, title IV-E foster
13.25 	care, or other form of assistance as defined in section 256.741,
13.26 	subdivision 1; and
13.27 	(9) any other information relevant to the determination of
13.28 	child or medical support under section 518.171 or 518.551,
13.29 	subdivision 5.
13.30 	(b) For all matters scheduled in the expedited process,
13.31 	whether or not initiated by the public authority, the
13.32 	nonattorney employee of the public authority shall file with the
13.33 	court and serve on the parties the following information:
13.34 	(1) information pertaining to the income of the parties
13.35 	available to the public authority from the Department of
13.36 	Employment and Economic Development;
14.1 	(2) a statement of the monthly amount of child support,
14.2 	medical support, child care, and arrears currently being charged
14.3 	the obligor on Minnesota IV-D cases;
14.4 	(3) a statement of the types and amount of any public
14.5 	assistance, as defined in section 256.741, subdivision 1,
14.6 	received by the parties; and
14.7 	(4) any other information relevant to the determination of
14.8 	support that is known to the public authority and that has not
14.9 	been otherwise provided by the parties.
14.10 	The information must be filed with the court or child
14.11 	support magistrate at least five days before any hearing
14.12 	involving child support, medical support, or child care
14.13 	reimbursement issues.
14.14 	
EFFECTIVE DATE. This section is effective the day
14.15 	following final enactment.

14.16 	Sec. 6. Minnesota Statutes 2004, section 518.64,
14.17 	subdivision 2, is amended to read:
14.18 		Subd. 2.Modification.  (a) The terms of an order
14.19 	respecting maintenance or support may be modified upon a showing
14.20 	of one or more of the following:  (1) substantially increased or
14.21 	decreased earnings of a party; (2) substantially increased or
14.22 	decreased need of a party or the child or children that are the
14.23 	subject of these proceedings; (3) receipt of assistance under
14.24 	the AFDC program formerly codified under sections 256.72 to
14.25 	256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a
14.26 	change in the cost of living for either party as measured by the
14.27 	Federal Bureau of Statistics, any of which makes the terms
14.28 	unreasonable and unfair; (5) extraordinary medical expenses of
14.29 	the child not provided for under section 518.171; or (6) the
14.30 	addition of work-related or education-related child care
14.31 	expenses of the obligee or a substantial increase or decrease in
14.32 	existing work-related or education-related child care expenses.
14.33 	On a motion to modify support, the needs of any child the
14.34 	obligor has after the entry of the support order that is the
14.35 	subject of a modification motion shall be considered as provided
14.36 	by section 518.551, subdivision 5f.
15.1 	(b) It is presumed that there has been a substantial change
15.2 	in circumstances under paragraph (a) and the terms of a current
15.3 	support order shall be rebuttably presumed to be unreasonable
15.4 	and unfair if:
15.5 	(1) the application of the child support guidelines in
15.6 	section 518.551, subdivision 5, to the current circumstances of
15.7 	the parties results in a calculated court order that is at least
15.8 	20 percent and at least $50 per month higher or lower than the
15.9 	current support order;
15.10 	(2) the medical support provisions of the order established
15.11 	under section 518.171 are not enforceable by the public
15.12 	authority or the obligee;
15.13 	(3) health coverage ordered under section 518.171 is not
15.14 	available to the child for whom the order is established by the
15.15 	parent ordered to provide; or
15.16 	(4) the existing support obligation is in the form of a
15.17 	statement of percentage and not a specific dollar amount.
15.18 	(c) On a motion for modification of maintenance, including
15.19 	a motion for the extension of the duration of a maintenance
15.20 	award, the court shall apply, in addition to all other relevant
15.21 	factors, the factors for an award of maintenance under section
15.22 	518.552 that exist at the time of the motion.  On a motion for
15.23 	modification of support, the court:
15.24 	(1) shall apply section 518.551, subdivision 5, and shall
15.25 	not consider the financial circumstances of each party's spouse,
15.26 	if any; and
15.27 	(2) shall not consider compensation received by a party for
15.28 	employment in excess of a 40-hour work week, provided that the
15.29 	party demonstrates, and the court finds, that:
15.30 	(i) the excess employment began after entry of the existing
15.31 	support order;
15.32 	(ii) the excess employment is voluntary and not a condition
15.33 	of employment;
15.34 	(iii) the excess employment is in the nature of additional,
15.35 	part-time employment, or overtime employment compensable by the
15.36 	hour or fractions of an hour;
16.1 	(iv) the party's compensation structure has not been
16.2 	changed for the purpose of affecting a support or maintenance
16.3 	obligation;
16.4 	(v) in the case of an obligor, current child support
16.5 	payments are at least equal to the guidelines amount based on
16.6 	income not excluded under this clause; and
16.7 	(vi) in the case of an obligor who is in arrears in child
16.8 	support payments to the obligee, any net income from excess
16.9 	employment must be used to pay the arrearages until the
16.10 	arrearages are paid in full.
16.11 	(d) A modification of support or maintenance, including
16.12 	interest that accrued pursuant to section 548.091, may be made
16.13 	retroactive only with respect to any period during which the
16.14 	petitioning party has pending a motion for modification but only
16.15 	from the date of service of notice of the motion on the
16.16 	responding party and on the public authority if public
16.17 	assistance is being furnished or the county attorney is the
16.18 	attorney of record.  However, modification may be applied to an
16.19 	earlier period if the court makes express findings that:
16.20 	(1) the party seeking modification was precluded from
16.21 	serving a motion by reason of a significant physical or mental
16.22 	disability, a material misrepresentation of another party, or
16.23 	fraud upon the court and that the party seeking modification,
16.24 	when no longer precluded, promptly served a motion;
16.25 	(2) the party seeking modification was a recipient of
16.26 	federal Supplemental Security Income (SSI), Title II Older
16.27 	Americans, Survivor's Disability Insurance (OASDI), other
16.28 	disability benefits, or public assistance based upon need during
16.29 	the period for which retroactive modification is sought;
16.30 	(3) the order for which the party seeks amendment was
16.31 	entered by default, the party shows good cause for not
16.32 	appearing, and the record contains no factual evidence, or
16.33 	clearly erroneous evidence regarding the individual obligor's
16.34 	ability to pay; or
16.35 	(4) the party seeking modification was institutionalized or
16.36 	incarcerated for an offense other than nonsupport of a child
17.1 	during the period for which retroactive modification is sought
17.2 	and lacked the financial ability to pay the support ordered
17.3 	during that time period.  In determining whether to allow the
17.4 	retroactive modification, the court shall consider whether and
17.5 	when a request was made to the public authority for support
17.6 	modification.
17.7 	The court may provide that a reduction in the amount allocated
17.8 	for child care expenses based on a substantial decrease in the
17.9 	expenses is effective as of the date the expenses decreased.
17.10 	(e) Except for an award of the right of occupancy of the
17.11 	homestead, provided in section 518.63, all divisions of real and
17.12 	personal property provided by section 518.58 shall be final, and
17.13 	may be revoked or modified only where the court finds the
17.14 	existence of conditions that justify reopening a judgment under
17.15 	the laws of this state, including motions under section 518.145,
17.16 	subdivision 2.  The court may impose a lien or charge on the
17.17 	divided property at any time while the property, or subsequently
17.18 	acquired property, is owned by the parties or either of them,
17.19 	for the payment of maintenance or support money, or may
17.20 	sequester the property as is provided by section 518.24.
17.21 	(f) The court need not hold an evidentiary hearing on a
17.22 	motion for modification of maintenance or support.
17.23 	(g) Section 518.14 shall govern the award of attorney fees
17.24 	for motions brought under this subdivision.
17.25 	
EFFECTIVE DATE. This section is effective the day
17.26 	following final enactment.

17.27 	Sec. 7. Minnesota Statutes 2004, section 611.20,
17.28 	subdivision 6, is amended to read:
17.29 		Subd. 6.Reimbursement schedule guidelines.  In
17.30 	determining a defendant's reimbursement schedule, the court may
17.31 	derive a specific dollar amount per month by multiplying the
17.32 	defendant's net income by the percent indicated by the following
17.33 	guidelines:
17.34 	
17.35 	Net Income Per           Number of Dependents
17.36 	Month of Defendant       Not Including Defendant
18.1 	                         4 or      3        2      1     0
18.2 	                         more
18.3 	$200 and Below           Percentage based on the ability of
18.4 	                         the defendant to pay as determined
18.5 	                         by the court.
18.6 	$200 - 350                8%      9.5%    11%     12.5% 14%
18.7 	$351 - 500                9%     11%      12.5%   14%   15%
18.8 	$501 - 650               10%     12%      14%     15%   17%
18.9 	$651 - 800               11%     13.5%    15.5%   17%   19%
18.10 	$801 and above           12%     14.5%    17%     19%   20%
18.11 	"Net income" shall have the meaning given it in section
18.12 	518.551, subdivision 5 means total monthly income less:
18.13 	(1) federal income tax;
18.14 	(2) state income tax;
18.15 	(3) Social Security deduction;
18.16 	(4) reasonable pension deductions;
18.17 	(5) union dues;
18.18 	(6) cost of dependent health coverage;
18.19 	(7) cost of individual or group health or hospitalization
18.20 	coverage or the amount for actual medical expenses; and 
18.21 	(8) a child support or maintenance order that is currently
18.22 	being paid.
18.23 	
EFFECTIVE DATE. This section is effective the day
18.24 	following final enactment.

18.25 	Sec. 8. REPEALER.
 18.26 	Minnesota Statutes 2004, sections 518.17, subdivisions 1a,
18.27 	3, and 6; and 518.551, subdivisions 5 and 5f, are repealed.

18.28 	EFFECTIVE DATE. This section is effective the day
18.29 	following final enactment.

18.30 	Sec. 9. REVISOR'S INSTRUCTION.
 18.31 	In each section of Minnesota Statutes referred to in column
18.32 	A, the revisor of statutes shall delete the reference in column
18.33 	B and insert the reference in column C.
18.34 	Column A Column B Column C
18.35 	257C.03, subd. 5 518.551 518.571
18.36 	257C.05, subd. 1 518.551 518.571
19.1 	257C.07, clause (3) 518.551 518.571
19.2 	268.155, subd. 5 518.551 518.571
19.3 	270A.07, subd. 2 518.551 518.571
19.4 	518.131, subd. 7 518.551 518.571
19.5 	518.1705, subd. 8 518.551 518.571
19.6 	518.171, subd. 1 518.551 518.571, subd. 2
19.7 	 para. (d)
19.8 	518.178 518.551 518.571
19.9 	518.54, subd. 8 518.551 518.571
19.10 	518.5513, subd. 3,518.551, subd. 5 518.571, subd. 2
19.11 	 para. (a), clause (9)
19.12 	518.553 518.551 518.571
19.13 	518.57 518.551 518.571
19.14 	518.6195, para. (e) 518.551 518.571 

19.15 	EFFECTIVE DATE. This section is effective the day
19.16 	following final enactment.