1.1 	A bill for an act
1.2 	relating to civil law; increasing fees related to
1.3 	marriage and child support; reforming law relating to
1.4 	child support; establishing criteria for support
1.5 	obligations; defining parents' rights and
1.6 	responsibilities; appropriating money; amending
1.7 	Minnesota Statutes 2004, sections 357.021,
1.8 	subdivisions 1a, 2; 518.005, by adding a subdivision;
1.9 	518.54; 518.55, subdivision 4; 518.551, subdivisions
1.10 	5, 5b; 518.62; 518.64, subdivision 2, by adding
1.11 	subdivisions; 518.68, subdivision 2; proposing coding
1.12 	for new law in Minnesota Statutes, chapter 518;
1.13 	repealing Minnesota Statutes 2004, sections 518.171;
1.14 	518.54, subdivisions 2, 4, 4a; 518.551, subdivisions
1.15 	1, 5a, 5c, 5f.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	Section 1. Minnesota Statutes 2004, section 357.021,
1.18 	subdivision 1a, is amended to read:
1.19 		Subd. 1a.Transmittal of fees to commissioner of
1.20 	finance.  (a) Every person, including the state of Minnesota and
1.21 	all bodies politic and corporate, who shall transact any
1.22 	business in the district court, shall pay to the court
1.23 	administrator of said court the sundry fees prescribed in
1.24 	subdivision 2.  Except as provided in paragraph (d), the court
1.25 	administrator shall transmit the fees monthly to the
1.26 	commissioner of finance for deposit in the state treasury and
1.27 	credit to the general fund.
1.28 	(b) In a county which has a screener-collector position,
1.29 	fees paid by a county pursuant to this subdivision shall be
1.30 	transmitted monthly to the county treasurer, who shall apply the
2.1 	fees first to reimburse the county for the amount of the salary
2.2 	paid for the screener-collector position.  The balance of the
2.3 	fees collected shall then be forwarded to the commissioner of
2.4 	finance for deposit in the state treasury and credited to the
2.5 	general fund.  In a county in a judicial district under section
2.6 	480.181, subdivision 1, paragraph (b), which has a
2.7 	screener-collector position, the fees paid by a county shall be
2.8 	transmitted monthly to the commissioner of finance for deposit
2.9 	in the state treasury and credited to the general fund.  A
2.10 	screener-collector position for purposes of this paragraph is an
2.11 	employee whose function is to increase the collection of fines
2.12 	and to review the incomes of potential clients of the public
2.13 	defender, in order to verify eligibility for that service.
2.14 	(c) No fee is required under this section from the public
2.15 	authority or the party the public authority represents in an
2.16 	action for:
2.17 	(1) child support enforcement or modification, medical
2.18 	assistance enforcement, or establishment of parentage in the
2.19 	district court, or in a proceeding under section 484.702;
2.20 	(2) civil commitment under chapter 253B;
2.21 	(3) the appointment of a public conservator or public
2.22 	guardian or any other action under chapters 252A and 525;
2.23 	(4) wrongfully obtaining public assistance under section
2.24 	256.98 or 256D.07, or recovery of overpayments of public
2.25 	assistance;
2.26 	(5) court relief under chapter 260;
2.27 	(6) forfeiture of property under sections 169A.63 and
2.28 	609.531 to 609.5317;
2.29 	(7) recovery of amounts issued by political subdivisions or
2.30 	public institutions under sections 246.52, 252.27, 256.045,
2.31 	256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331,
2.32 	and 260C.331, or other sections referring to other forms of
2.33 	public assistance;
2.34 	(8) restitution under section 611A.04; or
2.35 	(9) actions seeking monetary relief in favor of the state
2.36 	pursuant to section 16D.14, subdivision 5.
3.1 	(d) The fees $20 from each fee collected for child support
3.2 	modifications under subdivision 2, clause (13), must be
3.3 	transmitted to the county treasurer for deposit in the county
3.4 	general fund and $35 from each fee shall be credited to the
3.5 	state general fund.  The fees must be used by the county to pay
3.6 	for child support enforcement efforts by county attorneys.

3.7 	Sec. 2. Minnesota Statutes 2004, section 357.021,
3.8 	subdivision 2, is amended to read:
3.9 		Subd. 2.Fee amounts.  The fees to be charged and
3.10 	collected by the court administrator shall be as follows:
3.11 	(1) In every civil action or proceeding in said court,
3.12 	including any case arising under the tax laws of the state that
3.13 	could be transferred or appealed to the Tax Court, the
3.14 	plaintiff, petitioner, or other moving party shall pay, when the
3.15 	first paper is filed for that party in said action, a fee of
3.16 	$235.
3.17 	The defendant or other adverse or intervening party, or any
3.18 	one or more of several defendants or other adverse or
3.19 	intervening parties appearing separately from the others, shall
3.20 	pay, when the first paper is filed for that party in said
3.21 	action, a fee of $235.
3.22 	The party requesting a trial by jury shall pay $75.
3.23 	The fees above stated shall be the full trial fee
3.24 	chargeable to said parties irrespective of whether trial be to
3.25 	the court alone, to the court and jury, or disposed of without
3.26 	trial, and shall include the entry of judgment in the action,
3.27 	but does not include copies or certified copies of any papers so
3.28 	filed or proceedings under chapter 103E, except the provisions
3.29 	therein as to appeals.
3.30 	(2) Certified copy of any instrument from a civil or
3.31 	criminal proceeding, $10, and $5 for an uncertified copy.
3.32 	(3) Issuing a subpoena, $12 for each name.
3.33 	(4) Filing a motion or response to a motion in civil,
3.34 	family, excluding child support, and guardianship cases, $55.
3.35 	(5) Issuing an execution and filing the return thereof;
3.36 	issuing a writ of attachment, injunction, habeas corpus,
4.1 	mandamus, quo warranto, certiorari, or other writs not
4.2 	specifically mentioned, $40.
4.3 	(6) Issuing a transcript of judgment, or for filing and
4.4 	docketing a transcript of judgment from another court, $30.
4.5 	(7) Filing and entering a satisfaction of judgment, partial
4.6 	satisfaction, or assignment of judgment, $5.
4.7 	(8) Certificate as to existence or nonexistence of
4.8 	judgments docketed, $5 for each name certified to.
4.9 	(9) Filing and indexing trade name; or recording basic
4.10 	science certificate; or recording certificate of physicians,
4.11 	osteopaths, chiropractors, veterinarians, or optometrists, $5.
4.12 	(10) For the filing of each partial, final, or annual
4.13 	account in all trusteeships, $40.
4.14 	(11) For the deposit of a will, $20.
4.15 	(12) For recording notary commission, $100, of which,
4.16 	notwithstanding subdivision 1a, paragraph (b), $80 must be
4.17 	forwarded to the commissioner of finance to be deposited in the
4.18 	state treasury and credited to the general fund.
4.19 	(13) Filing a motion or response to a motion for
4.20 	modification of child support, a fee fixed by rule or order of
4.21 	the Supreme Court of $55.
4.22 	(14) All other services required by law for which no fee is
4.23 	provided, such fee as compares favorably with those herein
4.24 	provided, or such as may be fixed by rule or order of the court.
4.25 	(15) In addition to any other filing fees under this
4.26 	chapter, a surcharge in the amount of $75 must be assessed in
4.27 	accordance with section 259.52, subdivision 14, for each
4.28 	adoption petition filed in district court to fund the fathers'
4.29 	adoption registry under section 259.52.
4.30 	The fees in clauses (3) and (5) need not be paid by a
4.31 	public authority or the party the public authority represents.

4.32 	Sec. 3. Minnesota Statutes 2004, section 518.005, is
4.33 	amended by adding a subdivision to read:
4.34 		Subd. 6.Filing fee. The initial pleading filed in all
4.35 	proceedings for dissolution of marriage, legal separation, or
4.36 	annulment or proceedings to establish child support obligations
5.1 	shall be accompanied by a filing fee of $50.  The fee is in
5.2 	addition to any other prescribed by law or rule.

5.3 	Sec. 4. Minnesota Statutes 2004, section 518.54, is
5.4 	amended to read:
5.5 	518.54 DEFINITIONS.
5.6 		Subdivision 1.Terms. For the purposes of sections
5.7 	518.54 to 518.66 518.773, the terms defined in this section
5.8 	shall have the meanings respectively ascribed to them.
5.9 		Subd. 2.Child. "Child" means an individual under 18
5.10 	years of age, an individual under age 20 who is still attending
5.11 	secondary school, or an individual who, by reason of physical or
5.12 	mental condition, is incapable of self-support.
5.13 		Subd. 2a.Deposit account. "Deposit account" means funds
5.14 	deposited with a financial institution in the form of a savings
5.15 	account, checking account, NOW account, or demand deposit
5.16 	account.
5.17 		Subd. 2b.Financial institution. "Financial institution"
5.18 	means a savings association, bank, trust company, credit union,
5.19 	industrial loan and thrift company, bank and trust company, or
5.20 	savings association, and includes a branch or detached facility
5.21 	of a financial institution.
5.22 		Subd. 3.Maintenance. "Maintenance" means an award made
5.23 	in a dissolution or legal separation proceeding of payments from
5.24 	the future income or earnings of one spouse for the support and
5.25 	maintenance of the other.
5.26 		Subd. 4.Support money; child support. "Support money"
5.27 	or "child support" means an amount for basic support, child care
5.28 	support, and medical support pursuant to:
5.29 	(1) an award in a dissolution, legal separation, annulment,
5.30 	or parentage proceeding for the care, support and education of
5.31 	any child of the marriage or of the parties to the proceeding;
5.32 	or 
5.33 	(2) a contribution by parents ordered under section 256.87;
5.34 	or 
5.35 	(3) support ordered under chapter 518B or 518C.
5.36 		Subd. 4a.Support order. "Support order" means a
6.1 	judgment, decree, or order, whether temporary, final, or subject
6.2 	to modification, issued by a court or administrative agency of
6.3 	competent jurisdiction, for the support and maintenance of a
6.4 	child, including a child who has attained the age of majority
6.5 	under the law of the issuing state, or a child and the parent
6.6 	with whom the child is living, that provides for monetary
6.7 	support, child care, medical support including expenses for
6.8 	confinement and pregnancy, arrearages, or reimbursement, and
6.9 	that may include related costs and fees, interest and penalties,
6.10 	income withholding, and other relief.  This definition applies
6.11 	to orders issued under this chapter and chapters 256, 257, and
6.12 	518C.
6.13 		Subd. 5.Marital property; exceptions. "Marital
6.14 	property" means property, real or personal, including vested
6.15 	public or private pension plan benefits or rights, acquired by
6.16 	the parties, or either of them, to a dissolution, legal
6.17 	separation, or annulment proceeding at any time during the
6.18 	existence of the marriage relation between them, or at any time
6.19 	during which the parties were living together as husband and
6.20 	wife under a purported marriage relationship which is annulled
6.21 	in an annulment proceeding, but prior to the date of valuation
6.22 	under section 518.58, subdivision 1.  All property acquired by
6.23 	either spouse subsequent to the marriage and before the
6.24 	valuation date is presumed to be marital property regardless of
6.25 	whether title is held individually or by the spouses in a form
6.26 	of co-ownership such as joint tenancy, tenancy in common,
6.27 	tenancy by the entirety, or community property.  Each spouse
6.28 	shall be deemed to have a common ownership in marital property
6.29 	that vests not later than the time of the entry of the decree in
6.30 	a proceeding for dissolution or annulment.  The extent of the
6.31 	vested interest shall be determined and made final by the court
6.32 	pursuant to section 518.58.  If a title interest in real
6.33 	property is held individually by only one spouse, the interest
6.34 	in the real property of the nontitled spouse is not subject to
6.35 	claims of creditors or judgment or tax liens until the time of
6.36 	entry of the decree awarding an interest to the nontitled
7.1 	spouse.  The presumption of marital property is overcome by a
7.2 	showing that the property is nonmarital property.
7.3 	"Nonmarital property" means property real or personal,
7.4 	acquired by either spouse before, during, or after the existence
7.5 	of their marriage, which
7.6 	(a) is acquired as a gift, bequest, devise or inheritance
7.7 	made by a third party to one but not to the other spouse;
7.8 	(b) is acquired before the marriage;
7.9 	(c) is acquired in exchange for or is the increase in value
7.10 	of property which is described in clauses (a), (b), (d), and
7.11 	(e);
7.12 	(d) is acquired by a spouse after the valuation date; or
7.13 	(e) is excluded by a valid antenuptial contract.
7.14 		Subd. 6.Income. "Income" means any form of periodic
7.15 	payment to an individual including, but not limited to, wages,
7.16 	salaries, payments to an independent contractor, workers'
7.17 	compensation, unemployment benefits, annuity, military and naval
7.18 	retirement, pension and disability payments.  Benefits received
7.19 	under Title IV-A of the Social Security Act and chapter 256J are
7.20 	not income under this section.
7.21 		Subd. 7.Obligee. "Obligee" means a person to whom
7.22 	payments for maintenance or support are owed.
7.23 		Subd. 8.Obligor. "Obligor" means a person obligated to
7.24 	pay maintenance or support.  A person who is designated as the
7.25 	sole physical custodian of a child is presumed not to be an
7.26 	obligor for purposes of calculating current support under
7.27 	section 518.551 unless the court makes specific written findings
7.28 	to overcome this presumption. For purposes of ordering medical
7.29 	support under section 518.719, a custodial parent may be an
7.30 	obligor subject to a cost-of-living adjustment under section
7.31 	518.641 and a payment agreement under section 518.553.
7.32 		Subd. 9.Public authority. "Public authority" means
7.33 	the public authority responsible for child support enforcement 
7.34 	local unit of government, acting on behalf of the state, that is
7.35 	responsible for child support enforcement or the Department of
7.36 	Human Services, Child Support Enforcement Division.
8.1 		Subd. 10.Pension plan benefits or rights. "Pension plan
8.2 	benefits or rights" means a benefit or right from a public or
8.3 	private pension plan accrued to the end of the month in which
8.4 	marital assets are valued, as determined under the terms of the
8.5 	laws or other plan document provisions governing the plan,
8.6 	including section 356.30.
8.7 		Subd. 11.Public pension plan. "Public pension plan"
8.8 	means a pension plan or fund specified in section 356.20,
8.9 	subdivision 2, or 356.30, subdivision 3, the deferred
8.10 	compensation plan specified in section 352.96, or any retirement
8.11 	or pension plan or fund, including a supplemental retirement
8.12 	plan or fund, established, maintained, or supported by a
8.13 	governmental subdivision or public body whose revenues are
8.14 	derived from taxation, fees, assessments, or from other public
8.15 	sources.
8.16 		Subd. 12.Private pension plan. "Private pension plan"
8.17 	means a plan, fund, or program maintained by an employer or
8.18 	employee organization that provides retirement income to
8.19 	employees or results in a deferral of income by employees for a
8.20 	period extending to the termination of covered employment or
8.21 	beyond.
8.22 		Subd. 13.Arrears. Arrears are amounts that accrue
8.23 	pursuant to an obligor's failure to comply with a support
8.24 	order.  Past support and pregnancy and confinement expenses
8.25 	contained in a support order are arrears if the court order does
8.26 	not contain repayment terms.  Arrears also arise by the
8.27 	obligor's failure to comply with the terms of a court order for
8.28 	repayment of past support or pregnancy and confinement
8.29 	expenses.  An obligor's failure to comply with the terms for
8.30 	repayment of amounts owed for past support or pregnancy and
8.31 	confinement turns the entire amount owed into arrears.
8.32 		Subd. 14.Iv-d case. "IV-D case" means a case where a
8.33 	party has assigned to the state rights to child support because
8.34 	of the receipt of public assistance as defined in section
8.35 	256.741 or has applied for child support services under title
8.36 	IV-D of the Social Security Act, United States Code, title 42,
9.1 	section 654(4).
9.2 	Subd. 15.[PARENTAL INCOME FOR CHILD SUPPORT
9.3 	(PICS).] "Parental income for child support," or "PICS," means
9.4 	gross income under subdivision 18 minus deductions for nonjoint
9.5 	children as allowed by section 518.717.
9.6 	Subd. 16.[APPORTIONED VETERANS' BENEFITS.] "Apportioned
9.7 	veterans' benefits" means the amount the Veterans Administration
9.8 	deducts from the veteran's award and disburses to the child or
9.9 	the child's representative payee.  The apportionment of
9.10 	veterans' benefits shall be that determined by the Veterans
9.11 	Administration and governed by Code of Federal Regulations,
9.12 	title 38, sections 3.450 to 3.458.
9.13 		Subd. 17.Basic support. "Basic support" means the
9.14 	support obligation determined by applying the parent's parental
9.15 	income for child support, or if there are two parents, their
9.16 	combined parental income for child support, to the guideline in
9.17 	the manner set out in section 518.725.  Basic support includes
9.18 	the dollar amount ordered for a child's housing, food, clothing,
9.19 	transportation, and education costs, and other expenses relating
9.20 	to the child's care.  Basic support does not include monetary
9.21 	contributions for a child's child care expenses and medical and
9.22 	dental expenses.
9.23 		Subd. 18.Gross income. "Gross income" means:
9.24 	(1) the gross income of the parent calculated under section
9.25 	518.7123; plus 
9.26 	(2) the potential income of the parent, if any, as
9.27 	determined in subdivision 23; minus 
9.28 	(3) spousal maintenance that any party has been ordered to
9.29 	pay.
9.30 		Subd. 19.Joint child. "Joint child" means the dependent
9.31 	child who is the son or daughter of both parents in the support
9.32 	proceeding.  In those cases where support is sought from only
9.33 	one parent of a child, a joint child is the child for whom
9.34 	support is sought.
9.35 		Subd. 20.Nonjoint child. "Nonjoint child" means the
9.36 	legal child of one, but not both of the parents subject to this
10.1 	determination.  Specifically excluded from this definition are
10.2 	stepchildren.
10.3 		Subd. 21.Parenting time. "Parenting time" means the
10.4 	amount of time a child is scheduled to spend with the parent
10.5 	according to a court order.  Parenting time includes time with
10.6 	the child whether it is designated as visitation, physical
10.7 	custody, or parenting time.  For purposes of section 518.722,
10.8 	the percentage of parenting time may be calculated by
10.9 	calculating the number of overnights that a child spends with a
10.10 	parent, or by using a method other than overnights as the parent
10.11 	has significant time periods where the child is in the parent's
10.12 	physical custody, but does not stay overnight.
10.13 		Subd. 22.Payor of funds. "Payor of funds" means a
10.14 	person or entity that provides funds to an obligor, including an
10.15 	employer as defined under chapter 24, section 3401(d), of the
10.16 	Internal Revenue Code, an independent contractor, payor of
10.17 	workers' compensation benefits or unemployment insurance
10.18 	benefits, or a financial institution as defined in section
10.19 	13B.06.
10.20 		Subd. 23.Potential income. "Potential income" is income
10.21 	determined under this subdivision.
10.22 	(a) If a parent is voluntarily unemployed, underemployed,
10.23 	or employed on a less than full-time basis, or there is no
10.24 	direct evidence of any income, child support shall be calculated
10.25 	based on a determination of potential income.  For purposes of
10.26 	this determination, it is rebuttably presumed that a parent can
10.27 	be gainfully employed on a full-time basis.
10.28 	(b) Determination of potential income shall be made
10.29 	according to one of three methods, as appropriate:
10.30 	(1) the parent's probable earnings level based on
10.31 	employment potential, recent work history, and occupational
10.32 	qualifications in light of prevailing job opportunities and
10.33 	earnings levels in the community;
10.34 	(2) if a parent is receiving unemployment compensation or
10.35 	workers' compensation, that parent's income may be calculated
10.36 	using the actual amount of the unemployment compensation or
11.1 	workers' compensation benefit received; or 
11.2 	(3) the amount of income a parent could earn working full
11.3 	time at 150 percent of the current federal or state minimum
11.4 	wage, whichever is higher.
11.5 	(c) A parent is not considered voluntarily unemployed or
11.6 	underemployed upon a showing by the parent that:
11.7 	(1) unemployment or underemployment is temporary and will
11.8 	ultimately lead to an increase in income;
11.9 	(2) the unemployment or underemployment represents a bona
11.10 	fide career change that outweighs the adverse effect of that
11.11 	parent's diminished income on the child; or 
11.12 	(3) the parent is unable to work full time due to a
11.13 	verified disability or due to incarceration.
11.14 	(d) As used in this section, "full time" means 40 hours of
11.15 	work in a week except in those industries, trades, or
11.16 	professions in which most employers due to custom, practice, or
11.17 	agreement utilize a normal work week of more or less than 40
11.18 	hours in a week.
11.19 	(e) If the parent of a joint child is a recipient of a
11.20 	temporary assistance to a needy family (TANF) cash grant, no
11.21 	potential income shall be imputed to that parent.
11.22 	(f) If a parent stays at home to care for a child who is
11.23 	subject to the child support order, the court may consider the
11.24 	following factors when determining whether the parent is
11.25 	voluntarily unemployed or underemployed:
11.26 	(1) the parties' parenting and child care arrangements
11.27 	before the child support action;
11.28 	(2) the stay-at-home parent's employment history, recency
11.29 	of employment, earnings, and the availability of jobs within the
11.30 	community for an individual with the parent's qualifications;
11.31 	(3) the relationship between the employment-related
11.32 	expenses, including, but not limited to, child care and
11.33 	transportation costs required for the parent to be employed, and
11.34 	the income the stay-at-home parent could receive from available
11.35 	jobs within the community for an individual with the parent's
11.36 	qualifications;
12.1 	(4) the child's age and health, including whether the child
12.2 	is physically or mentally disabled; and 
12.3 	(5) the availability of child care providers.
12.4 		Subd. 24.Primary physical custody. The parent having
12.5 	"primary physical custody" means the parent who provides the
12.6 	primary residence for a child and is responsible for the
12.7 	majority of the day-to-day decisions concerning a child.
12.8 		Subd. 25.Social security benefits. "Social Security
12.9 	benefits" means the monthly amount the Social Security
12.10 	Administration pays to a joint child or the child's
12.11 	representative payee due solely to the disability or retirement
12.12 	of either parent.  Benefits paid to a parent due to the
12.13 	disability of a child are excluded from this definition.
12.14 		Subd. 26.Split custody. "Split custody" means that each
12.15 	parent in a two-parent calculation has primary physical custody
12.16 	of at least one of the joint children.
12.17 	Subd. 27.[SURVIVORS' AND DEPENDENTS' EDUCATIONAL
12.18 	ASSISTANCE.] "Survivors' and dependents' educational assistance"
12.19 	are funds disbursed by the Veterans Administration under United
12.20 	States Code, title 38, chapter 35, to the child or the child's
12.21 	representative payee.

12.22 	Sec. 5. Minnesota Statutes 2004, section 518.55,
12.23 	subdivision 4, is amended to read:
12.24 		Subd. 4.Determination of controlling order.  The public
12.25 	authority or a party may request the district court to determine
12.26 	a controlling order in situations in which more than one order
12.27 	involving the same obligor and child exists. The court shall
12.28 	presume that the latest order that involves the same obligor and
12.29 	joint child is controlling, subject to contrary proof.

12.30 	Sec. 6. Minnesota Statutes 2004, section 518.551,
12.31 	subdivision 5, is amended to read:
12.32 		Subd. 5.Notice to public authority; guidelines. (a) The
12.33 	petitioner shall notify the public authority of all proceedings
12.34 	for dissolution, legal separation, determination of parentage or
12.35 	for the custody of a child, if either party is receiving public
12.36 	assistance or applies for it subsequent to the commencement of
13.1 	the proceeding.  The notice must contain the full names of the
13.2 	parties to the proceeding, their Social Security account
13.3 	numbers, and their birth dates.  After receipt of the notice,
13.4 	the court shall set child support as provided in this
13.5 	subdivision section 518.725.  The court may order either or both
13.6 	parents owing a duty of support to a child of the marriage to
13.7 	pay an amount reasonable or necessary for the child's support,
13.8 	without regard to marital misconduct.  The court shall approve a
13.9 	child support stipulation of the parties if each party is
13.10 	represented by independent counsel, unless the stipulation does
13.11 	not meet the conditions of paragraph (i) (b).  In other cases
13.12 	the court shall determine and order child support in a specific
13.13 	dollar amount in accordance with the guidelines and the other
13.14 	factors set forth in paragraph (c) section 518.714and any
13.15 	departure therefrom.  The court may also order the obligor to
13.16 	pay child support in the form of a percentage share of the
13.17 	obligor's net bonuses, commissions, or other forms of
13.18 	compensation, in addition to, or if the obligor receives no base
13.19 	pay, in lieu of, an order for a specific dollar amount.
13.20 	(b) The court shall derive a specific dollar amount for
13.21 	child support by multiplying the obligor's net income by the
13.22 	percentage indicated by the following guidelines:
13.23 	Net Income Per            Number of Children
13.24 	Month of Obligor
13.25 	              1     2     3     4     5     6    7 or
13.26 	                                                 more
13.27 	$550 and Below     Order based on the ability of the
13.28 	                   obligor to provide support
13.29 	                   at these income levels, or at higher
13.30 	                   levels, if the obligor has
13.31 	                   the earning ability.
13.32 	$551 - 600   16%   19%   22%   25%   28%   30%   32%
13.33 	$601 - 650   17%   21%   24%   27%   29%   32%   34%
13.34 	$651 - 700   18%   22%   25%   28%   31%   34%   36%
13.35 	$701 - 750   19%   23%   27%   30%   33%   36%   38%
13.36 	$751 - 800   20%   24%   28%   31%   35%   38%   40%
14.1 	$801 - 850   21%   25%   29%   33%   36%   40%   42%
14.2 	$851 - 900   22%   27%   31%   34%   38%   41%   44%
14.3 	$901 - 950   23%   28%   32%   36%   40%   43%   46%
14.4 	$951 - 1000  24%   29%   34%   38%   41%   45%   48%
14.5 	$1001- 5000  25%   30%   35%   39%   43%   47%   50% 
14.6 	or the amount
14.7 	in effect under
14.8 	paragraph (k) 
14.9 	Guidelines for support for an obligor with a monthly income
14.10 	in excess of the income limit currently in effect under
14.11 	paragraph (k) shall be the same dollar amounts as provided for
14.12 	in the guidelines for an obligor with a monthly income equal to
14.13 	the limit in effect.
14.14 	Net Income defined as:
14.15 	
14.16 	         Total monthly
14.17 	         income less           *(i) Federal Income Tax
14.18 	                              *(ii) State Income Tax
14.19 	                              (iii) Social Security
14.20 	                                     Deductions
14.21 	                               (iv) Reasonable
14.22 	                                     Pension Deductions
14.23 	         *Standard
14.24 	         Deductions apply-      (v) Union Dues
14.25 	         use of tax tables     (vi) Cost of Dependent Health
14.26 	         recommended                 Insurance Coverage
14.27 	                              (vii) Cost of Individual or Group
14.28 	                                     Health/Hospitalization
14.29 	                                     Coverage or an
14.30 	                                     Amount for Actual
14.31 	                                     Medical Expenses
14.32 	                             (viii) A Child Support or
14.33 	                                     Maintenance Order that is
14.34 	                                     Currently Being Paid.
14.35 	"Net income" does not include:
14.36 	(1) the income of the obligor's spouse, but does include
15.1 	in-kind payments received by the obligor in the course of
15.2 	employment, self-employment, or operation of a business if the
15.3 	payments reduce the obligor's living expenses; or 
15.4 	(2) compensation received by a party for employment in
15.5 	excess of a 40-hour work week, provided that:
15.6 	(i) support is nonetheless ordered in an amount at least
15.7 	equal to the guidelines amount based on income not excluded
15.8 	under this clause; and 
15.9 	(ii) the party demonstrates, and the court finds, that:
15.10 	(A) the excess employment began after the filing of the
15.11 	petition for dissolution;
15.12 	(B) the excess employment reflects an increase in the work
15.13 	schedule or hours worked over that of the two years immediately
15.14 	preceding the filing of the petition;
15.15 	(C) the excess employment is voluntary and not a condition
15.16 	of employment;
15.17 	(D) the excess employment is in the nature of additional,
15.18 	part-time or overtime employment compensable by the hour or
15.19 	fraction of an hour; and 
15.20 	(E) the party's compensation structure has not been changed
15.21 	for the purpose of affecting a support or maintenance obligation.
15.22 	The court shall review the work-related and
15.23 	education-related child care costs paid and shall allocate the
15.24 	costs to each parent in proportion to each parent's net income,
15.25 	as determined under this subdivision, after the transfer of
15.26 	child support and spousal maintenance, unless the allocation
15.27 	would be substantially unfair to either parent.  There is a
15.28 	presumption of substantial unfairness if after the sum total of
15.29 	child support, spousal maintenance, and child care costs is
15.30 	subtracted from the obligor's income, the income is at or below
15.31 	100 percent of the federal poverty guidelines.  The cost of
15.32 	child care for purposes of this paragraph is 75 percent of the
15.33 	actual cost paid for child care, to reflect the approximate
15.34 	value of state and federal tax credits available to the
15.35 	obligee.  The actual cost paid for child care is the total
15.36 	amount received by the child care provider for the child or
16.1 	children of the obligor from the obligee or any public agency.
16.2 	The court shall require verification of employment or school
16.3 	attendance and documentation of child care expenses from the
16.4 	obligee and the public agency, if applicable.  If child care
16.5 	expenses fluctuate during the year because of seasonal
16.6 	employment or school attendance of the obligee or extended
16.7 	periods of parenting time with the obligor, the court shall
16.8 	determine child care expenses based on an average monthly cost.
16.9 	The amount allocated for child care expenses is considered child
16.10 	support but is not subject to a cost-of-living adjustment under
16.11 	section 518.641.  The amount allocated for child care expenses
16.12 	terminates when either party notifies the public authority that
16.13 	the child care costs have ended and without any legal action on
16.14 	the part of either party.  The public authority shall verify the
16.15 	information received under this provision before authorizing
16.16 	termination.  The termination is effective as of the date of the
16.17 	notification.  In other cases where there is a substantial
16.18 	increase or decrease in child care expenses, the parties may
16.19 	modify the order under section 518.64.
16.20 	The court may allow the obligor parent to care for the
16.21 	child while the obligee parent is working, as provided in
16.22 	section 518.175, subdivision 8, but this is not a reason to
16.23 	deviate from the guidelines.
16.24 	(c) In addition to the child support guidelines, the court
16.25 	shall take into consideration the following factors in setting
16.26 	or modifying child support or in determining whether to deviate
16.27 	from the guidelines:
16.28 	(1) all earnings, income, and resources of the parents,
16.29 	including real and personal property, but excluding income from
16.30 	excess employment of the obligor or obligee that meets the
16.31 	criteria of paragraph (b), clause (2)(ii);
16.32 	(2) the financial needs and resources, physical and
16.33 	emotional condition, and educational needs of the child or
16.34 	children to be supported;
16.35 	(3) the standard of living the child would have enjoyed had
16.36 	the marriage not been dissolved, but recognizing that the
17.1 	parents now have separate households;
17.2 	(4) which parent receives the income taxation dependency
17.3 	exemption and what financial benefit the parent receives from
17.4 	it;
17.5 	(5) the parents' debts as provided in paragraph (d); and 
17.6 	(6) the obligor's receipt of public assistance under the
17.7 	AFDC program formerly codified under sections 256.72 to 256.82
17.8 	or 256B.01 to 256B.40 and chapter 256J or 256K.
17.9 	(d) In establishing or modifying a support obligation, the
17.10 	court may consider debts owed to private creditors, but only if:
17.11 	(1) the right to support has not been assigned under
17.12 	section 256.741;
17.13 	(2) the court determines that the debt was reasonably
17.14 	incurred for necessary support of the child or parent or for the
17.15 	necessary generation of income.  If the debt was incurred for
17.16 	the necessary generation of income, the court shall consider
17.17 	only the amount of debt that is essential to the continuing
17.18 	generation of income; and 
17.19 	(3) the party requesting a departure produces a sworn
17.20 	schedule of the debts, with supporting documentation, showing
17.21 	goods or services purchased, the recipient of them, the amount
17.22 	of the original debt, the outstanding balance, the monthly
17.23 	payment, and the number of months until the debt will be fully
17.24 	paid.
17.25 	(e) Any schedule prepared under paragraph (d), clause (3),
17.26 	shall contain a statement that the debt will be fully paid after
17.27 	the number of months shown in the schedule, barring emergencies
17.28 	beyond the party's control.
17.29 	(f) Any further departure below the guidelines that is
17.30 	based on a consideration of debts owed to private creditors
17.31 	shall not exceed 18 months in duration, after which the support
17.32 	shall increase automatically to the level ordered by the court.
17.33 	Nothing in this section shall be construed to prohibit one or
17.34 	more step increases in support to reflect debt retirement during
17.35 	the 18-month period.
17.36 	(g) If payment of debt is ordered pursuant to this section,
18.1 	the payment shall be ordered to be in the nature of child
18.2 	support.
18.3 	(h) Nothing shall preclude the court from receiving
18.4 	evidence on the above factors to determine if the guidelines
18.5 	should be exceeded or modified in a particular case.
18.6 	(i) The guidelines in this subdivision are a rebuttable
18.7 	presumption and shall be used in all cases when establishing or
18.8 	modifying child support.  If the court does not deviate from the
18.9 	guidelines, the court shall make written findings concerning the
18.10 	amount of the obligor's income used as the basis for the
18.11 	guidelines calculation and any other significant evidentiary
18.12 	factors affecting the determination of child support.  If the
18.13 	court deviates from the guidelines, the court shall make written
18.14 	findings giving the amount of support calculated under the
18.15 	guidelines, the reasons for the deviation, and shall
18.16 	specifically address the criteria in paragraph (c) and how the
18.17 	deviation serves the best interest of the child.  The court may
18.18 	deviate from the guidelines if both parties agree and the court
18.19 	makes written findings that it is in the best interests of the
18.20 	child, except that in cases where child support payments are
18.21 	assigned to the public agency under section 256.741, the court
18.22 	may deviate downward only as provided in paragraph (j).  Nothing
18.23 	in this paragraph prohibits the court from deviating in other
18.24 	cases.  The provisions of this paragraph apply whether or not
18.25 	the parties are each represented by independent counsel and have
18.26 	entered into a written agreement.  The court shall review
18.27 	stipulations presented to it for conformity to the guidelines
18.28 	and the court is not required to conduct a hearing, but the
18.29 	parties shall provide the documentation of earnings required
18.30 	under subdivision 5b.
18.31 	(j)  If the child support payments are assigned to the
18.32 	public agency under section 256.741, the court may not deviate
18.33 	downward from the child support guidelines unless the court
18.34 	specifically finds that the failure to deviate downward would
18.35 	impose an extreme hardship on the obligor.
18.36 	(k)  The dollar amount of the income limit for application
19.1 	of the guidelines must be adjusted on July 1 of every
19.2 	even-numbered year to reflect cost-of-living changes.  The
19.3 	Supreme Court shall select the index for the adjustment from the
19.4 	indices listed in section 518.641.  The state court
19.5 	administrator shall make the changes in the dollar amount
19.6 	required by this paragraph available to courts and the public on
19.7 	or before April 30 of the year in which the amount is to change.
19.8 	(l)  In establishing or modifying child support, if a child
19.9 	receives a child's insurance benefit under United States Code,
19.10 	title 42, section 402, because the obligor is entitled to old
19.11 	age or disability insurance benefits, the amount of support
19.12 	ordered shall be offset by the amount of the child's benefit.
19.13 	The court shall make findings regarding the obligor's income
19.14 	from all sources, the child support amount calculated under this
19.15 	section, the amount of the child's benefit, and the obligor's
19.16 	child support obligation.  Any benefit received by the child in
19.17 	a given month in excess of the child support obligation shall
19.18 	not be treated as an arrearage payment or a future payment.

19.19 	Sec. 7. Minnesota Statutes 2004, section 518.551,
19.20 	subdivision 5b, is amended to read:
19.21 		Subd. 5b.Determination of income.  (a) The parties shall
19.22 	timely serve and file documentation of earnings and income. When
19.23 	there is a prehearing conference, the court must receive the
19.24 	documentation of income at least ten days prior to the
19.25 	prehearing conference.  Documentation of earnings and income
19.26 	also includes, but is not limited to, pay stubs for the most
19.27 	recent three months, employer statements, or statement of
19.28 	receipts and expenses if self-employed.  Documentation of
19.29 	earnings and income also includes copies of each parent's most
19.30 	recent federal tax returns, including W-2 forms, 1099 forms,
19.31 	unemployment benefits statements, workers' compensation
19.32 	statements, and all other documents evidencing income as
19.33 	received that provide verification of income over a longer
19.34 	period In any case where the parties have joint children for
19.35 	which a child support order must be determined, the parties
19.36 	shall serve and file with their initial pleadings or motion
20.1 	documents, a financial affidavit, disclosing all sources of
20.2 	gross income and other information sufficient to calculate gross
20.3 	income and adjusted gross income.  The financial affidavit shall
20.4 	include relevant supporting documentation necessary to calculate
20.5 	the parental income for child support under section 518.712,
20.6 	subdivision 8, including, but not limited to, pay stubs for the
20.7 	most recent three months, employer statements, or statements of
20.8 	receipts and expenses if self-employed.  Documentation of
20.9 	earnings and income also include relevant copies of each
20.10 	parent's most recent federal tax returns, including W-2 forms,
20.11 	1099 forms, unemployment benefit statements, workers'
20.12 	compensation statements, and all other documents evidencing
20.13 	earnings or income as received that provide verification for the
20.14 	financial affidavit.
20.15 	(b) In addition to the requirements of paragraph (a), at
20.16 	any time after an action seeking child support has been
20.17 	commenced or when a child support order is in effect, a party or
20.18 	the public authority may require the other party to give them a
20.19 	copy of the party's most recent federal tax returns that were
20.20 	filed with the Internal Revenue Service.  The party shall
20.21 	provide a copy of the tax returns within 30 days of receipt of
20.22 	the request unless the request is not made in good faith.  A
20.23 	request under this paragraph may not be made more than once
20.24 	every two years, in the absence of good cause.
20.25 	(c) If a parent under the jurisdiction of the court does
20.26 	not appear at a court hearing after proper notice of the time
20.27 	and place of the hearing serve and file the financial affidavit
20.28 	with the parent's initial pleading, the court shall set income
20.29 	for that parent based on credible evidence before the court or
20.30 	in accordance with paragraph (d) section 518.712, subdivision 17.
20.31 	Credible evidence may include documentation of current or recent
20.32 	income, testimony of the other parent concerning recent earnings
20.33 	and income levels, and the parent's wage reports filed with the
20.34 	Minnesota Department of Employment and Economic Development
20.35 	under section 268.044.
20.36 	(d) If the court finds that a parent is voluntarily
21.1 	unemployed or underemployed or was voluntarily unemployed or
21.2 	underemployed during the period for which past support is being
21.3 	sought, support shall be calculated based on a determination of
21.4 	imputed income.  A parent is not considered voluntarily
21.5 	unemployed or underemployed upon a showing by the parent that
21.6 	the unemployment or underemployment:  (1) is temporary and will
21.7 	ultimately lead to an increase in income; or (2) represents a
21.8 	bona fide career change that outweighs the adverse effect of
21.9 	that parent's diminished income on the child.  Imputed income
21.10 	means the estimated earning ability of a parent based on the
21.11 	parent's prior earnings history, education, and job skills, and
21.12 	on availability of jobs within the community for an individual
21.13 	with the parent's qualifications.
21.14 	(e) If there is insufficient information to determine
21.15 	actual income or to impute income pursuant to paragraph (d), the
21.16 	court may calculate support based on full-time employment of 40
21.17 	hours per week at 150 percent of the federal minimum wage or the
21.18 	Minnesota minimum wage, whichever is higher.  If a parent is a
21.19 	recipient of public assistance under section 256.741, or is
21.20 	physically or mentally incapacitated, it shall be presumed that
21.21 	the parent is not voluntarily unemployed or underemployed.
21.22 	(f) Income from self employment is equal to gross receipts
21.23 	minus ordinary and necessary expenses.  Ordinary and necessary
21.24 	expenses do not include amounts allowed by the Internal Revenue
21.25 	Service for accelerated depreciation expenses or investment tax
21.26 	credits or any other business expenses determined by the court
21.27 	to be inappropriate for determining income for purposes of child
21.28 	support.  The person seeking to deduct an expense, including
21.29 	depreciation, has the burden of proving, if challenged, that the
21.30 	expense is ordinary and necessary.  Net income under this
21.31 	section may be different from taxable income.

21.32 	Sec. 8. [518.6197] CHILD SUPPORT DEBT/ARREARAGE
21.33 	MANAGEMENT.
21.34 	In order to reduce and otherwise manage support debts and
21.35 	arrearages, the parties, including the public authority where
21.36 	arrearages have been assigned to the public authority, may
22.1 	compromise unpaid support debts or arrearages owed by one party
22.2 	to another, whether or not docketed as a judgment.  A party may
22.3 	agree or disagree to compromise only those debts or arrearages
22.4 	owed to that party.

22.5 	Sec. 9. Minnesota Statutes 2004, section 518.62, is
22.6 	amended to read:
22.7 	518.62 TEMPORARY MAINTENANCE.
22.8 	Temporary maintenance and temporary support may be awarded
22.9 	as provided in section 518.131.  The court may also award to
22.10 	either party to the proceeding, having due regard to all the
22.11 	circumstances and the party awarded the custody of the children,
22.12 	the right to the exclusive use of the household goods and
22.13 	furniture of the parties pending the proceeding and the right to
22.14 	the use of the homestead of the parties, exclusive or otherwise,
22.15 	pending the proceeding.  The court may order either party to
22.16 	remove from the homestead of the parties upon proper application
22.17 	to the court for an order pending the proceeding.

22.18 	Sec. 10. Minnesota Statutes 2004, section 518.64,
22.19 	subdivision 2, is amended to read:
22.20 		Subd. 2.Modification.  (a) The terms of an order
22.21 	respecting maintenance or support may be modified upon a showing
22.22 	of one or more of the following:  (1) substantially increased or
22.23 	decreased earnings of a party gross income under section
22.24 	518.712, subdivision 9, of an obligor or obligee; (2)
22.25 	substantially increased or decreased need of a party an obligor
22.26 	or obligee or the child or children that are the subject of
22.27 	these proceedings; (3) receipt of assistance under the AFDC
22.28 	program formerly codified under sections 256.72 to 256.87 or
22.29 	256B.01 to 256B.40, or chapter 256J or 256K; (4) a change in the
22.30 	cost of living for either party as measured by the Federal
22.31 	Bureau of Labor Statistics, any of which makes the terms
22.32 	unreasonable and unfair; (5) extraordinary medical expenses of
22.33 	the child not provided for under section 518.171; or (6) the
22.34 	addition of work-related or education-related child care
22.35 	expenses of the obligee or a substantial increase or decrease in
22.36 	existing work-related or education-related child care expenses;
23.1 	or (7) upon the emancipation of the child, as provided in
23.2 	section 518.64, subdivision 4a.
23.3 	On a motion to modify support, the needs of any child the
23.4 	obligor has after the entry of the support order that is the
23.5 	subject of a modification motion shall be considered as provided
23.6 	by section 518.551, subdivision 5f.
23.7 	(b) It is presumed that there has been a substantial change
23.8 	in circumstances under paragraph (a) and the terms of a current
23.9 	support order shall be rebuttably presumed to be unreasonable
23.10 	and unfair if:
23.11 	(1) the application of the child support guidelines in
23.12 	section 518.551, subdivision 5, to the current circumstances of
23.13 	the parties results in a calculated court order that is at least
23.14 	20 percent and at least $50 $75 per month higher or lower than
23.15 	the current support order;
23.16 	(2) the medical support provisions of the order established
23.17 	under section 518.171 518.719 are not enforceable by the public
23.18 	authority or the obligee;
23.19 	(3) health coverage ordered under section 518.171 518.719 
23.20 	is not available to the child for whom the order is established
23.21 	by the parent ordered to provide; or 
23.22 	(4) the existing support obligation is in the form of a
23.23 	statement of percentage and not a specific dollar amount; or 
23.24 	(5) the gross income of an obligor or obligee has decreased
23.25 	by at least 20 percent through no fault or choice of the party.
23.26 	(c) A child support order is not presumptively modifiable
23.27 	solely because an obligor or obligee becomes responsible for the
23.28 	support of an additional nonjoint child, which is born after an
23.29 	existing order.
23.30 	(d) On a motion for modification of maintenance, including
23.31 	a motion for the extension of the duration of a maintenance
23.32 	award, the court shall apply, in addition to all other relevant
23.33 	factors, the factors for an award of maintenance under section
23.34 	518.552 that exist at the time of the motion.  On a motion for
23.35 	modification of support, the court:
23.36 	(1) shall apply section 518.551, subdivision 5 518.725, and
24.1 	shall not consider the financial circumstances of each party's
24.2 	spouse, if any; and
24.3 	(2) shall not consider compensation received by a party for
24.4 	employment in excess of a 40-hour work week, provided that the
24.5 	party demonstrates, and the court finds, that:
24.6 	(i) the excess employment began after entry of the existing
24.7 	support order;
24.8 	(ii) the excess employment is voluntary and not a condition
24.9 	of employment;
24.10 	(iii) the excess employment is in the nature of additional,
24.11 	part-time employment, or overtime employment compensable by the
24.12 	hour or fractions of an hour;
24.13 	(iv) the party's compensation structure has not been
24.14 	changed for the purpose of affecting a support or maintenance
24.15 	obligation;
24.16 	(v) in the case of an obligor, current child support
24.17 	payments are at least equal to the guidelines amount based on
24.18 	income not excluded under this clause; and
24.19 	(vi) in the case of an obligor who is in arrears in child
24.20 	support payments to the obligee, any net income from excess
24.21 	employment must be used to pay the arrearages until the
24.22 	arrearages are paid in full.
24.23 	(d) (e) A modification of support or maintenance, including
24.24 	interest that accrued pursuant to section 548.091, may be made
24.25 	retroactive only with respect to any period during which the
24.26 	petitioning party has pending a motion for modification but only
24.27 	from the date of service of notice of the motion on the
24.28 	responding party and on the public authority if public
24.29 	assistance is being furnished or the county attorney is the
24.30 	attorney of record. However, modification may be applied to an
24.31 	earlier period if the court makes express findings that:
24.32 	(1) the party seeking modification was precluded from
24.33 	serving a motion by reason of a significant physical or mental
24.34 	disability, a material misrepresentation of another party, or
24.35 	fraud upon the court and that the party seeking modification,
24.36 	when no longer precluded, promptly served a motion;
25.1 	(2) the party seeking modification was a recipient of
25.2 	federal Supplemental Security Income (SSI), Title II Older
25.3 	Americans, Survivor's Disability Insurance (OASDI), other
25.4 	disability benefits, or public assistance based upon need during
25.5 	the period for which retroactive modification is sought;
25.6 	(3) the order for which the party seeks amendment was
25.7 	entered by default, the party shows good cause for not
25.8 	appearing, and the record contains no factual evidence, or
25.9 	clearly erroneous evidence regarding the individual obligor's
25.10 	ability to pay; or 
25.11 	(4) the party seeking modification was institutionalized or
25.12 	incarcerated for an offense other than nonsupport of a child
25.13 	during the period for which retroactive modification is sought
25.14 	and lacked the financial ability to pay the support ordered
25.15 	during that time period.  In determining whether to allow the
25.16 	retroactive modification, the court shall consider whether and
25.17 	when a request was made to the public authority for support
25.18 	modification.
25.19 	The court may provide that a reduction in the amount allocated
25.20 	for child care expenses based on a substantial decrease in the
25.21 	expenses is effective as of the date the expenses decreased.
25.22 	(e) (f) Except for an award of the right of occupancy of
25.23 	the homestead, provided in section 518.63, all divisions of real
25.24 	and personal property provided by section 518.58 shall be final,
25.25 	and may be revoked or modified only where the court finds the
25.26 	existence of conditions that justify reopening a judgment under
25.27 	the laws of this state, including motions under section 518.145,
25.28 	subdivision 2.  The court may impose a lien or charge on the
25.29 	divided property at any time while the property, or subsequently
25.30 	acquired property, is owned by the parties or either of them,
25.31 	for the payment of maintenance or support money, or may
25.32 	sequester the property as is provided by section 518.24.
25.33 	(f) (g) The court need not hold an evidentiary hearing on a
25.34 	motion for modification of maintenance or support.
25.35 	(g) (h) Section 518.14 shall govern the award of attorney
25.36 	fees for motions brought under this subdivision.
26.1 	(i) Except as expressly provided, an enactment, amendment,
26.2 	or repeal of law does not constitute a substantial change in the
26.3 	circumstances for purposes of modifying a child support order.
26.4 	(j) There may be no modification of an existing child
26.5 	support order during the first year following the effective date
26.6 	of sections 518.712 to 518.729 except as follows:
26.7 	(1) there is at least a 20 percent change in the gross
26.8 	income of the obligor;
26.9 	(2) there is a change in the number of joint children for
26.10 	whom the obligor is legally responsible and actually supporting;
26.11 	(3) the child supported by the existing child support order
26.12 	becomes disabled; or 
26.13 	(4) both parents consent to modification of the existing
26.14 	order in compliance with the new income shares guidelines.
26.15 	(k) On the first modification under the income shares
26.16 	method of calculation, the modification of basic support may be
26.17 	limited if the amount of the full variance would create hardship
26.18 	for either the obligor or the obligee.
26.19 	Paragraph (j) expires January 1, 2008.

26.20 	Sec. 11. Minnesota Statutes 2004, section 518.64, is
26.21 	amended by adding a subdivision to read:
26.22 		Subd. 7.Child care exception. The court may provide
26.23 	that a reduction in the amount allocated for child care expenses
26.24 	based on a substantial decrease in the expenses is effective as
26.25 	of the date the expense is decreased.

26.26 	Sec. 12. Minnesota Statutes 2004, section 518.64, is
26.27 	amended by adding a subdivision to read:
26.28 		Subd. 8.Child support debt and arrearage
26.29 	management. The parties, including the public authority, may
26.30 	compromise child support debt or arrearages owed by one party to
26.31 	another, whether or not reduced to judgment, upon agreement of
26.32 	the parties involved.

26.33 	Sec. 13. Minnesota Statutes 2004, section 518.68,
26.34 	subdivision 2, is amended to read:
26.35 		Subd. 2.Contents.  The required notices must be
26.36 	substantially as follows:
27.1 	IMPORTANT NOTICE
27.2 	1.  PAYMENTS TO PUBLIC AGENCY
27.3 	According to Minnesota Statutes, section 518.551,
27.4 	subdivision 1, payments ordered for maintenance and support
27.5 	must be paid to the public agency responsible for child
27.6 	support enforcement as long as the person entitled to
27.7 	receive the payments is receiving or has applied for public
27.8 	assistance or has applied for support and maintenance
27.9 	collection services.  MAIL PAYMENTS TO:
27.10 	2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A
27.11 	FELONY
27.12 	A person may be charged with a felony who conceals a minor
27.13 	child or takes, obtains, retains, or fails to return a
27.14 	minor child from or to the child's parent (or person with
27.15 	custodial or visitation rights), according to Minnesota
27.16 	Statutes, section 609.26.  A copy of that section is
27.17 	available from any district court clerk.
27.18 	3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES
27.19 	A person who fails to pay court-ordered child support or
27.20 	maintenance may be charged with a crime, which may include
27.21 	misdemeanor, gross misdemeanor, or felony charges,
27.22 	according to Minnesota Statutes, section 609.375.  A copy
27.23 	of that section is available from any district court clerk.
27.24 	4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME
27.25 	(a) Payment of support or spousal maintenance is to be as
27.26 	ordered, and the giving of gifts or making purchases of
27.27 	food, clothing, and the like will not fulfill the
27.28 	obligation.
27.29 	(b) Payment of support must be made as it becomes due, and
27.30 	failure to secure or denial of parenting time is NOT an
27.31 	excuse for nonpayment, but the aggrieved party must seek
27.32 	relief through a proper motion filed with the court.
27.33 	(c) Nonpayment of support is not grounds to deny parenting
27.34 	time.  The party entitled to receive support may apply for
27.35 	support and collection services, file a contempt motion, or
27.36 	obtain a judgment as provided in Minnesota Statutes,
28.1 	section 548.091.
28.2 	(d) The payment of support or spousal maintenance takes
28.3 	priority over payment of debts and other obligations.
28.4 	(e) A party who accepts additional obligations of support
28.5 	does so with the full knowledge of the party's prior
28.6 	obligation under this proceeding.
28.7 	(f) Child support or maintenance is based on annual income,
28.8 	and it is the responsibility of a person with seasonal
28.9 	employment to budget income so that payments are made
28.10 	throughout the year as ordered.
28.11 	(g) If the obligor is laid off from employment or receives
28.12 	a pay reduction, support may be reduced, but only if a
28.13 	motion to reduce the support is served and filed with the
28.14 	court.  Any reduction will take effect only if ordered by
28.15 	the court and may only relate back to the time that the
28.16 	motion is filed.  If a motion is not filed, the support
28.17 	obligation will continue at the current level.  The court
28.18 	is not permitted to reduce support retroactively, except as
28.19 	provided in Minnesota Statutes, section 518.64, subdivision
28.20 	2, paragraph (c).
28.21 	(h) Reasonable parenting time guidelines are contained in
28.22 	Appendix B, which is available from the court administrator.
28.23 	(i) (h) The nonpayment of support may be enforced through
28.24 	the denial of student grants; interception of state and
28.25 	federal tax refunds; suspension of driver's, recreational,
28.26 	and occupational licenses; referral to the department of
28.27 	revenue or private collection agencies; seizure of assets,
28.28 	including bank accounts and other assets held by financial
28.29 	institutions; reporting to credit bureaus; interest
28.30 	charging, income withholding, and contempt proceedings; and
28.31 	other enforcement methods allowed by law.
28.32 	(i) The public authority may suspend or resume collection
28.33 	of the amount allocated for child care expenses if the
28.34 	conditions of section 518.72, subdivision 4, are met.
28.35 	5.  MODIFYING CHILD SUPPORT 
28.36 	If either the obligor or obligee is laid off from
29.1 	employment or receives a pay reduction, child support may
29.2 	be modified, increased, or decreased.  Any modification
29.3 	will only take effect when it is ordered by the court, and
29.4 	will only relate back to the time that a motion is filed.
29.5 	Either the obligor or obligee may file a motion to modify
29.6 	child support, and may request the public agency for help.
29.7 	UNTIL A MOTION IS FILED, THE CHILD SUPPORT OBLIGATION WILL
29.8 	CONTINUE AT THE CURRENT LEVEL.  THE COURT IS NOT PERMITTED
29.9 	TO REDUCE SUPPORT RETROACTIVELY.
29.10 	5 6.  PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17,
29.11 	SUBDIVISION 3
29.12 	Unless otherwise provided by the Court:
29.13 	(a) Each party has the right of access to, and to receive
29.14 	copies of, school, medical, dental, religious training, and
29.15 	other important records and information about the minor
29.16 	children.  Each party has the right of access to
29.17 	information regarding health or dental insurance available
29.18 	to the minor children.  Presentation of a copy of this
29.19 	order to the custodian of a record or other information
29.20 	about the minor children constitutes sufficient
29.21 	authorization for the release of the record or information
29.22 	to the requesting party.
29.23 	(b) Each party shall keep the other informed as to the name
29.24 	and address of the school of attendance of the minor
29.25 	children.  Each party has the right to be informed by
29.26 	school officials about the children's welfare, educational
29.27 	progress and status, and to attend school and parent
29.28 	teacher conferences.  The school is not required to hold a
29.29 	separate conference for each party.
29.30 	(c) In case of an accident or serious illness of a minor
29.31 	child, each party shall notify the other party of the
29.32 	accident or illness, and the name of the health care
29.33 	provider and the place of treatment.
29.34 	(d) Each party has the right of reasonable access and
29.35 	telephone contact with the minor children.
29.36 	6 7.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE
30.1 	Child support and/or spousal maintenance may be withheld
30.2 	from income, with or without notice to the person obligated
30.3 	to pay, when the conditions of Minnesota Statutes, section
30.4 	518.6111 have been met.  A copy of those sections is
30.5 	available from any district court clerk.
30.6 	7 8.  CHANGE OF ADDRESS OR RESIDENCE
30.7 	Unless otherwise ordered, each party shall notify the other
30.8 	party, the court, and the public authority responsible for
30.9 	collection, if applicable, of the following information
30.10 	within ten days of any change:  the residential and mailing
30.11 	address, telephone number, driver's license number, Social
30.12 	Security number, and name, address, and telephone number of
30.13 	the employer.
30.14 	8 9.  COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE
30.15 	Child support and/or spousal maintenance may be adjusted
30.16 	every two years based upon a change in the cost of living
30.17 	(using Department of Labor Consumer Price Index ..........,
30.18 	unless otherwise specified in this order) when the
30.19 	conditions of Minnesota Statutes, section 518.641, are met.
30.20 	Cost of living increases are compounded.  A copy of
30.21 	Minnesota Statutes, section 518.641, and forms necessary to
30.22 	request or contest a cost of living increase are available
30.23 	from any district court clerk.
30.24 	9 10.  JUDGMENTS FOR UNPAID SUPPORT
30.25 	If a person fails to make a child support payment, the
30.26 	payment owed becomes a judgment against the person
30.27 	responsible to make the payment by operation of law on or
30.28 	after the date the payment is due, and the person entitled
30.29 	to receive the payment or the public agency may obtain
30.30 	entry and docketing of the judgment WITHOUT NOTICE to the
30.31 	person responsible to make the payment under Minnesota
30.32 	Statutes, section 548.091.  Interest begins to accrue on a
30.33 	payment or installment of child support whenever the unpaid
30.34 	amount due is greater than the current support due,
30.35 	according to Minnesota Statutes, section 548.091,
30.36 	subdivision 1a.
31.1 	10 11.  JUDGMENTS FOR UNPAID MAINTENANCE
31.2 	A judgment for unpaid spousal maintenance may be entered
31.3 	when the conditions of Minnesota Statutes, section 548.091,
31.4 	are met.  A copy of that section is available from any
31.5 	district court clerk.
31.6 	11 12.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF
31.7 	CHILD SUPPORT
31.8 	A judgment for attorney fees and other collection costs
31.9 	incurred in enforcing a child support order will be entered
31.10 	against the person responsible to pay support when the
31.11 	conditions of section 518.14, subdivision 2, are met.  A
31.12 	copy of section 518.14 and forms necessary to request or
31.13 	contest these attorney fees and collection costs are
31.14 	available from any district court clerk.
31.15 	12 13.  PARENTING TIME EXPEDITOR PROCESS
31.16 	On request of either party or on its own motion, the court
31.17 	may appoint a parenting time expeditor to resolve parenting
31.18 	time disputes under Minnesota Statutes, section 518.1751.
31.19 	A copy of that section and a description of the expeditor
31.20 	process is available from any district court clerk.
31.21 	13 14.  PARENTING TIME REMEDIES AND PENALTIES
31.22 	Remedies and penalties for the wrongful denial of parenting
31.23 	time are available under Minnesota Statutes, section
31.24 	518.175, subdivision 6.  These include compensatory
31.25 	parenting time; civil penalties; bond requirements;
31.26 	contempt; and reversal of custody.  A copy of that
31.27 	subdivision and forms for requesting relief are available
31.28 	from any district court clerk.

31.29 	Sec. 14. [518.7123] CALCULATION OF GROSS INCOME.
31.30 	(a) Except as excluded below, gross income includes income
31.31 	from any source, including, but not limited to, salaries, wages,
31.32 	commissions, advances, bonuses, dividends, severance pay,
31.33 	pensions, interest, honoraria, trust income, annuities, return
31.34 	on capital, Social Security benefits, workers' compensation
31.35 	benefits, unemployment insurance benefits, disability insurance
31.36 	benefits, gifts, prizes, including lottery winnings, alimony,
32.1 	spousal maintenance payments, income from self-employment or
32.2 	operation of a business, as determined under section 518.7125.
32.3 	All salary, wages, commissions, or other compensation paid by
32.4 	third parties shall be based upon Medicare gross income.  No
32.5 	deductions shall be allowed for contributions to pensions,
32.6 	401-K, IRA, or other retirement benefits.
32.7 	(b) Excluded and not counted in gross income is
32.8 	compensation received by a party for employment in excess of a
32.9 	40-hour work week, provided that:
32.10 	(1) child support is nonetheless ordered in an amount at
32.11 	least equal to the guideline amount based on gross income not
32.12 	excluded under this clause; and 
32.13 	(2) the party demonstrates, and the court finds, that:
32.14 	(i) the excess employment began after the filing of the
32.15 	petition for dissolution;
32.16 	(ii) the excess employment reflects an increase in the work
32.17 	schedule or hours worked over that of the two years immediately
32.18 	preceding the filing of the petition;
32.19 	(iii) the excess employment is voluntary and not a
32.20 	condition of employment;
32.21 	(iv) the excess employment is in the nature of additional,
32.22 	part-time or overtime employment compensable by the hour or
32.23 	fraction of an hour; and 
32.24 	(v) the party's compensation structure has not been changed
32.25 	for the purpose of affecting a support or maintenance obligation.
32.26 	(c) Expense reimbursements or in-kind payments received by
32.27 	a parent in the course of employment, self-employment, or
32.28 	operation of a business shall be counted as income if they
32.29 	reduce personal living expenses.
32.30 	(d) Gross income may be calculated on either an annual or
32.31 	monthly basis.  Weekly income shall be translated to monthly
32.32 	income by multiplying the weekly income by 4.33.
32.33 	(e) Excluded and not counted as income is any child support
32.34 	payment received by a party.  It is a rebuttable presumption
32.35 	that adoption assistance payments, guardianship assistance
32.36 	payments, and foster care subsidies are excluded and not counted
33.1 	as income.
33.2 	(f) Excluded and not counted as income is the income of the
33.3 	obligor's spouse and the obligee's spouse.

33.4 	Sec. 15. [518.7125] INCOME FROM SELF-EMPLOYMENT OR
33.5 	OPERATION OF A BUSINESS.
33.6 	For income from self-employment, rent, royalties,
33.7 	proprietorship of a business, or joint ownership of a
33.8 	partnership or closely held corporation, gross income is defined
33.9 	as gross receipts minus costs of goods sold minus ordinary and
33.10 	necessary expenses required for self-employment or business
33.11 	operation.  Specifically excluded from ordinary and necessary
33.12 	expenses are amounts allowable by the Internal Revenue Service
33.13 	for the accelerated component of depreciation expenses,
33.14 	investment tax credits, or any other business expenses
33.15 	determined by the court to be inappropriate or excessive for
33.16 	determining gross income for purposes of calculating child
33.17 	support.

33.18 	Sec. 16. [518.713] COMPUTATION OF INDIVIDUAL CHILD
33.19 	SUPPORT OBLIGATIONS.
33.20 	To determine the presumptive amount of support owed by a
33.21 	parent, follow the procedure set forth in this section:
33.22 	(1) determine the gross income of each parent using the
33.23 	definition in section 518.712, subdivision 9;
33.24 	(2) determine the parental income for child support (PICS)
33.25 	of each parent under section 518.712, subdivision 8, and if
33.26 	there are two parents, the combined PICS by subtracting from the
33.27 	gross income, the credit, if any, for any nonjoint children
33.28 	under section 518.717;
33.29 	(3) if there are two parents, determine the percentage
33.30 	contribution of each parent to the combined PICS by dividing the
33.31 	combined PICS into each parent's PICS;
33.32 	(4) determine the basic child support obligation by
33.33 	application of the guideline in section 518.725;
33.34 	(5) determine each parent's share of the basic child
33.35 	support obligation by multiplying the percentage figure from
33.36 	clause (3) by the basic child support obligation in clause (4);
34.1 	(6) determine the parenting expense adjustment if any and
34.2 	determine the basic child support obligation of the parents as
34.3 	provided in section 518.722;
34.4 	(7) apply the low-income adjustment, if applicable, as
34.5 	provided in section 518.723;
34.6 	(8) determine the cost for each parent for child care costs
34.7 	as allowed by section 518.72;
34.8 	(9) determine the cost for each parent for medical expenses
34.9 	and health care coverage as allowed by section 518.719.  If
34.10 	costs are not equal each month, annual costs shall be averaged
34.11 	to determine a monthly cost;
34.12 	(10) calculate the total costs owed by each parent to the
34.13 	other by applying the parent's percentage of income as
34.14 	determined in clause (3) to the actual out-of-pocket medical and
34.15 	child care costs incurred by the other parent.  Add these
34.16 	amounts to each parent's child support obligation;
34.17 	(11) calculate the total child support obligation of each
34.18 	parent by adding for each parent, the basic child support
34.19 	obligation from clause (6) and the total costs from clause (10);
34.20 	(12) determine the net child support obligation by
34.21 	subtracting the smaller of the obligations from the larger;
34.22 	(13) if Social Security benefits or veterans' benefits are
34.23 	received by the obligee as a representative payee for a joint
34.24 	child due to the obligor's disability or retirement, subtract
34.25 	the amount of benefits from the obligor's net child support
34.26 	obligation, if any;
34.27 	(14) determine the portion of the calculated child support
34.28 	obligation the obligor has the ability to pay or the minimum
34.29 	support obligation as provided in section 518.724; and 
34.30 	(15) the final child support order shall separately
34.31 	designate the amount owed for basic support, child care support,
34.32 	and medical support.

34.33 	Sec. 17. [518.7131] TEMPORARY SUPPORT.
34.34 	Temporary support may be awarded as provided in section
34.35 	518.131.

34.36 	Sec. 18. [518.714] DEVIATIONS FROM CHILD SUPPORT
35.1 	GUIDELINES.
35.2 		Subdivision 1.General factors. Among other reasons,
35.3 	deviation from the presumptive guideline amount is intended to
35.4 	encourage prompt and regular payments of child support and to
35.5 	prevent either parent or the joint children from living in
35.6 	poverty.  In addition to the child support guidelines, the court
35.7 	must take into consideration the following factors in setting or
35.8 	modifying child support or in determining whether to deviate
35.9 	upward or downward from the guidelines:
35.10 	(1) all earnings, income, circumstances, and resources of
35.11 	each parent, including real and personal property, but excluding
35.12 	income from excess employment of the obligor or obligee that
35.13 	meets the criteria of section 518.7123, paragraph (b), clause
35.14 	(2);
35.15 	(2) the extraordinary financial needs and resources,
35.16 	physical and emotional condition, and educational needs of the
35.17 	child to be supported;
35.18 	(3) the standard of living the child would enjoy if the
35.19 	parents were currently living together, but recognizing that the
35.20 	parents now have separate households;
35.21 	(4) which parent receives the income taxation dependency
35.22 	exemption and the financial benefit the parent receives from it;
35.23 	(5) the parents' debts as provided in subdivision 2; and 
35.24 	(6) the obligor's total payments for court-ordered child
35.25 	support exceed the limitations set forth in section 571.922.
35.26 		Subd. 2.Debt owed to private creditors. (a) In
35.27 	establishing or modifying a support obligation, the court may
35.28 	consider debts owed to private creditors, but only if:
35.29 	(1) the right to support has not been assigned under
35.30 	section 256.741;
35.31 	(2) the court determines that the debt was reasonably
35.32 	incurred for necessary support of the child or parent or for the
35.33 	necessary generation of income.  If the debt was incurred for
35.34 	the necessary generation of income, the court may consider only
35.35 	the amount of debt that is essential to the continuing
35.36 	generation of income; and 
36.1 	(3) the party requesting a departure produces a sworn
36.2 	schedule of the debts, with supporting documentation, showing
36.3 	goods or services purchased, the recipient of them, the original
36.4 	debt amount, the outstanding balance, the monthly payment, and
36.5 	the number of months until the debt will be fully paid.
36.6 	(b) A schedule prepared under paragraph (a), clause (3),
36.7 	must contain a statement that the debt will be fully paid after
36.8 	the number of months shown in the schedule, barring emergencies
36.9 	beyond the party's control.
36.10 	(c) Any further departure below the guidelines that is
36.11 	based on a consideration of debts owed to private creditors must
36.12 	not exceed 18 months in duration.  After 18 months the support
36.13 	must increase automatically to the level ordered by the court.
36.14 	This section does not prohibit one or more step increases in
36.15 	support to reflect debt retirement during the 18-month period.
36.16 	(d) If payment of debt is ordered pursuant to this section,
36.17 	the payment must be ordered to be in the nature of child support.
36.18 		Subd. 3.Evidence. The court may receive evidence on the
36.19 	factors in this section to determine if the guidelines should be
36.20 	exceeded or modified in a particular case.
36.21 		Subd. 4.Payments assigned to public authority. If the
36.22 	child support payments are assigned to the public authority
36.23 	under section 256.741, the court may not deviate downward from
36.24 	the child support guidelines unless the court specifically finds
36.25 	that the failure to deviate downward would impose an extreme
36.26 	hardship on the obligor.
36.27 		Subd. 5.Joint legal custody. An award of joint legal
36.28 	custody is not a reason for deviation from the guidelines.
36.29 		Subd. 6.Self-support limitation. If, after payment of
36.30 	income and payroll taxes, the obligor can establish that they do
36.31 	not have enough for the self-support reserve, a downward
36.32 	deviation may be allowed.

36.33 	Sec. 19. [518.715] WRITTEN FINDINGS.
36.34 		Subdivision 1.No deviation. If the court does not
36.35 	deviate from the guidelines, the court must make written
36.36 	findings concerning the amount of the parties' income used as
37.1 	the basis for the guidelines calculation and any other
37.2 	significant evidentiary factors affecting the child support
37.3 	determination.
37.4 		Subd. 2.Deviation. (a) If the court deviates from the
37.5 	guidelines by agreement of the parties or pursuant to section
37.6 	518.714, the court must make written findings giving the amount
37.7 	of support calculated under the guidelines, the reasons for the
37.8 	deviation, must specifically address how the deviation serves
37.9 	the best interests of the child; and 
37.10 	(b) determine each parent's gross income and PICS.
37.11 		Subd. 3.Written findings required in every case. The
37.12 	provisions of this section apply whether or not the parties are
37.13 	each represented by independent counsel and have entered into a
37.14 	written agreement.  The court must review stipulations presented
37.15 	to it for conformity to the guidelines.  The court is not
37.16 	required to conduct a hearing, but the parties must provide
37.17 	sufficient documentation to verify the child support
37.18 	determination.

37.19 	Sec. 20. [518.716] GUIDELINES REVIEW.
37.20 	No later than 2006 and every four years after that, the
37.21 	Department of Human Services must conduct a review of the child
37.22 	support guidelines.

37.23 	Sec. 21. [518.717] NONJOINT CHILDREN.
37.24 	(a) When either or both parents of the joint child subject
37.25 	to this determination are legally responsible for a nonjoint
37.26 	child who resides in that parent's household, a credit for this
37.27 	obligation shall be calculated under this section.
37.28 	(b) Determine the gross income for each parent under
37.29 	section 518.712, subdivision 9.
37.30 	(c) Using the guideline as established in section 518.725,
37.31 	determine the basic child support obligation for the nonjoint
37.32 	child or children who actually reside in the parent's household,
37.33 	by using the gross income of the parent for whom the credit is
37.34 	being calculated, and using the number of nonjoint children
37.35 	actually in the parent's immediate household.  If the number of
37.36 	nonjoint children to be used for the determination is greater
38.1 	than two, the determination shall be made using the number two
38.2 	instead of the greater number.
38.3 	(d) The credit for nonjoint children shall be 50 percent of
38.4 	the guideline amount from paragraph (c).

38.5 	Sec. 22. [518.718] SOCIAL SECURITY OR VETERANS' BENEFIT
38.6 	PAYMENTS RECEIVED ON BEHALF OF THE CHILD.
38.7 	(a) The amount of the monthly Social Security benefits or
38.8 	apportioned veterans' benefits received by the child or on
38.9 	behalf of the child shall be added to the gross income of the
38.10 	parent for whom the disability or retirement benefit was paid.
38.11 	(b) The amount of the monthly survivors' and dependents'
38.12 	educational assistance received by the child or on behalf of the
38.13 	child shall be added to the gross income of the parent for whom
38.14 	the disability or retirement benefit was paid.
38.15 	(c) If the Social Security or apportioned veterans'
38.16 	benefits are paid on behalf of the obligor, and are received by
38.17 	the obligee as a representative payee for the child or by the
38.18 	child attending school, then the amount of the benefits may also
38.19 	be subtracted from the obligor's net child support obligation as
38.20 	calculated pursuant to section 518.713.
38.21 	(d) If the survivors' and dependents' educational
38.22 	assistance is paid on behalf of the obligor, and is received by
38.23 	the obligee as a representative payee for the child or by the
38.24 	child attending school, then the amount of the assistance shall
38.25 	also be subtracted from the obligor's net child support
38.26 	obligation as calculated pursuant to section 518.713.

38.27 	Sec. 23. [518.719] MEDICAL SUPPORT.
38.28 		Subdivision 1.Definitions. The definitions in this
38.29 	subdivision apply to sections 518.712 to 518.773.
38.30 	(a) "Health care coverage" means health care benefits that
38.31 	are provided by a health plan.  Health care coverage does not
38.32 	include any form of medical assistance under chapter 256B or
38.33 	MinnesotaCare under chapter 256L.
38.34 	(b) "Health carrier" means a carrier as defined in sections
38.35 	62A.011, subdivision 2, and 62L.02, subdivision 16.
38.36 	(c) "Health plan" means a plan meeting the definition under
39.1 	section 62A.011, subdivision 3, a group health plan governed
39.2 	under the federal Employee Retirement Income Security Act of
39.3 	1974 (ERISA), a self-insured plan under sections 43A.23 to
39.4 	43A.317 and 471.617, or a policy, contract, or certificate
39.5 	issued by a community-integrated service network licensed under
39.6 	chapter 62N.  Health plan includes plans:
39.7 	(1) provided on an individual and group basis;
39.8 	(2) provided by an employer or union;
39.9 	(3) purchased in the private market; and 
39.10 	(4) available to a person eligible to carry insurance for
39.11 	the joint child.
39.12 	Health plan includes a plan providing for dependent-only dental
39.13 	or vision coverage and a plan provided through a party's spouse
39.14 	or parent.
39.15 	(d) "Medical support" means providing health care coverage
39.16 	for a joint child by carrying health care coverage for the joint
39.17 	child or by contributing to the cost of health care coverage,
39.18 	public coverage, unreimbursed medical expenses, and uninsured
39.19 	medical expenses of the joint child.
39.20 	(e) "National medical support notice" means an
39.21 	administrative notice issued by the public authority to enforce
39.22 	health insurance provisions of a support order in accordance
39.23 	with Code of Federal Regulations, title 45, section 303.32, in
39.24 	cases where the public authority provides support enforcement
39.25 	services.
39.26 	(f) "Public coverage" means health care benefits provided
39.27 	by any form of medical assistance under chapter 256B or
39.28 	MinnesotaCare under chapter 256L.
39.29 	(g) "Uninsured medical expenses" means a joint child's
39.30 	reasonable and necessary health-related expenses if the joint
39.31 	child is not covered by a health plan or public coverage when
39.32 	the expenses are incurred.
39.33 	(h) "Unreimbursed medical expenses" means a joint child's
39.34 	reasonable and necessary health-related expenses if a joint
39.35 	child is covered by a health plan or public coverage and the
39.36 	plan or coverage does not pay for the total cost of the expenses
40.1 	when the expenses are incurred.  Unreimbursed medical expenses
40.2 	do not include the cost of premiums.  Unreimbursed medical
40.3 	expenses include, but are not limited to, deductibles,
40.4 	co-payments, and expenses for orthodontia, and prescription
40.5 	eyeglasses and contact lenses, but not over-the-counter
40.6 	medications if coverage is under a health plan.
40.7 		Subd. 2.Order. (a) A completed national medical support
40.8 	notice issued by the public authority or a court order that
40.9 	complies with this section is a qualified medical child support
40.10 	order under the federal Employee Retirement Income Security Act
40.11 	of 1974 (ERISA), United States Code, title 29, section 1169(a).
40.12 	(b) Every order addressing child support must state:
40.13 	(1) the names, last known addresses, and Social Security
40.14 	numbers of the parents and the joint child that is a subject of
40.15 	the order unless the court prohibits the inclusion of an address
40.16 	or Social Security number and orders the parents to provide the
40.17 	address and Social Security number to the administrator of the
40.18 	health plan;
40.19 	(2) whether appropriate health care coverage for the joint
40.20 	child is available and, if so, state:
40.21 	(i) which party must carry health care coverage;
40.22 	(ii) the cost of premiums and how the cost is allocated
40.23 	between the parties;
40.24 	(iii) how unreimbursed expenses will be allocated and
40.25 	collected by the parties; and 
40.26 	(iv) the circumstances, if any, under which the obligation
40.27 	to provide health care coverage for the joint child will shift
40.28 	from one party to the other;
40.29 	(3) if appropriate health care coverage is not available
40.30 	for the joint child, whether a contribution for medical support
40.31 	is required; and 
40.32 	(4) whether the amount ordered for medical support is
40.33 	subject to a cost-of-living adjustment under section 518.641.
40.34 		Subd. 3.Determining appropriate health care
40.35 	coverage. (a) In determining whether a party has appropriate
40.36 	health care coverage for the joint child, the court must
41.1 	evaluate the health plan using the following factors:
41.2 	(1) accessible coverage.  Dependent health care coverage is
41.3 	accessible if the covered joint child can obtain services from a
41.4 	health plan provider with reasonable effort by the parent with
41.5 	whom the joint child resides.  Health care coverage is presumed
41.6 	accessible if:
41.7 	(i) primary care coverage is available within 30 minutes or
41.8 	30 miles of the joint child's residence and specialty care
41.9 	coverage is available within 60 minutes or 60 miles of the joint
41.10 	child's residence;
41.11 	(ii) the coverage is available through an employer and the
41.12 	employee can be expected to remain employed for a reasonable
41.13 	amount of time; and 
41.14 	(iii) no preexisting conditions exist to delay coverage
41.15 	unduly;
41.16 	(2) comprehensive coverage.  Dependent health care coverage
41.17 	is comprehensive if it includes, at a minimum, medical and
41.18 	hospital coverage and provides for preventive, emergency, acute,
41.19 	and chronic care.  If both parties have health care coverage
41.20 	that meets the minimum requirements, the court must determine
41.21 	which health care coverage is more comprehensive by considering
41.22 	whether the coverage includes:
41.23 	(i) basic dental coverage;
41.24 	(ii) orthodontia;
41.25 	(iii) eyeglasses;
41.26 	(iv) contact lenses;
41.27 	(v) mental health services; or 
41.28 	(vi) substance abuse treatment;
41.29 	(3) affordable coverage.  Dependent health care coverage is
41.30 	affordable if it is reasonable in cost; and 
41.31 	(4) the joint child's special medical needs, if any.
41.32 	(b) If both parties have health care coverage available for
41.33 	a joint child, and the court determines under paragraph (a),
41.34 	clauses (1) and (2), that the available coverage is comparable
41.35 	with regard to accessibility and comprehensiveness, the least
41.36 	costly health care coverage is the presumed appropriate health
42.1 	care coverage for the joint child.
42.2 		Subd. 4.Ordering health care coverage. (a) If a joint
42.3 	child is presently enrolled in health care coverage, the court
42.4 	must order that the parent who currently has the joint child
42.5 	enrolled continue that enrollment unless the parties agree
42.6 	otherwise or a party requests a change in coverage and the court
42.7 	determines that other health care coverage is more appropriate.
42.8 	(b) If a joint child is not presently enrolled in health
42.9 	care coverage, upon motion of a party or the public authority,
42.10 	the court must determine whether one or both parties have
42.11 	appropriate health care coverage for the joint child and order
42.12 	the party with appropriate health care coverage available to
42.13 	carry the coverage for the joint child.
42.14 	(c) If only one party has appropriate health care coverage
42.15 	available, the court must order that party to carry the coverage
42.16 	for the joint child.
42.17 	(d) If both parties have appropriate health care coverage
42.18 	available, the court must order the parent with whom the joint
42.19 	child resides to carry the coverage for the joint child, unless:
42.20 	(1) either party expresses a preference for coverage
42.21 	available through the parent with whom the joint child does not
42.22 	reside;
42.23 	(2) the parent with whom the joint child does not reside is
42.24 	already carrying dependent health care coverage for other
42.25 	children and the cost of contributing to the premiums of the
42.26 	other parent's coverage would cause the parent with whom the
42.27 	joint child does not reside extreme hardship; or 
42.28 	(3) the parents agree to provide coverage and agree on the
42.29 	allocation of costs.
42.30 	(e) If the exception in paragraph (d), clause (1) or (2),
42.31 	applies, the court must determine which party has the most
42.32 	appropriate coverage available and order that party to carry
42.33 	coverage for the joint child.  If the court determines under
42.34 	subdivision 3, paragraph (a), clauses (1) and (2), that the
42.35 	parties' health care coverage for the joint child is comparable
42.36 	with regard to accessibility and comprehensiveness, the court
43.1 	must presume that the party with the least costly health care
43.2 	coverage to carry coverage for the joint child.
43.3 	(f) If neither party has appropriate health care coverage
43.4 	available, the court must order the parents to:
43.5 	(1) contribute toward the actual health care costs of the
43.6 	joint children based on a pro rata share; or 
43.7 	(2) if the joint child is receiving any form of medical
43.8 	assistance under chapter 256B or MinnesotaCare under chapter
43.9 	256L, the parent with whom the joint child does not reside shall
43.10 	contribute a monthly amount toward the actual cost of medical
43.11 	assistance under chapter 256B or MinnesotaCare under chapter
43.12 	256L.  The amount of contribution of the noncustodial parent is
43.13 	the amount the noncustodial parent would pay for the child's
43.14 	premiums if the noncustodial parent's income meets the
43.15 	eligibility requirements for public coverage.  For purposes of
43.16 	determining the premium amount, the noncustodial parent's
43.17 	household size is equal to one parent plus the child or children
43.18 	who are the subject of the child support order.  The custodial
43.19 	parent is responsible for paying all unreimbursed medical
43.20 	expenses under the public coverage.  The court may order the
43.21 	parent with whom the child resides to apply for public coverage
43.22 	for the child.
43.23 	(g) A presumption of no less than $50 per month must be
43.24 	applied to the actual health care costs of the joint children or
43.25 	to the cost of health care coverage.
43.26 	(h) The commissioner of human services must publish a table
43.27 	with the premium schedule for public coverage and update the
43.28 	chart for changes to the schedule by July 1 of each year.
43.29 		Subd. 5.Medical support costs; unreimbursed and
43.30 	uninsured medical expenses. (a) Unless otherwise agreed to by
43.31 	the parties and approved by the court, the court must order that
43.32 	the cost of health care coverage and all unreimbursed and
43.33 	uninsured medical expenses under the health plan be divided
43.34 	between the obligor and obligee based on their proportionate
43.35 	share of the parties' combined monthly PICS.
43.36 	(b) If a party owes a joint child support obligation for a
44.1 	child and is ordered to carry health care coverage for the joint
44.2 	child, and the other party is ordered to contribute to the
44.3 	carrying party's cost for coverage, the carrying party's child
44.4 	support payment must be reduced by the amount of the
44.5 	contributing party's contribution.
44.6 	(c) If a party owes a joint child support obligation for a
44.7 	child and is ordered to contribute to the other party's cost for
44.8 	carrying health care coverage for the joint child, the
44.9 	contributing party's child support payment must be increased by
44.10 	the amount of the contribution.
44.11 	(d) If the party ordered to carry health care coverage for
44.12 	the joint child already carries dependent health care coverage
44.13 	for other dependents and would incur no additional premium costs
44.14 	to add the joint child to the existing coverage, the court must
44.15 	not order the other party to contribute to the premium costs for
44.16 	coverage of the joint child.
44.17 	(e) If a party ordered to carry health care coverage for
44.18 	the joint child does not already carry dependent health care
44.19 	coverage but has other dependents who may be added to the
44.20 	ordered coverage, the full premium costs of the dependent health
44.21 	care coverage must be allocated between the parties in
44.22 	proportion to the party's share of the parties' combined PICS,
44.23 	unless the parties agree otherwise.
44.24 	(f) If a party ordered to carry health care coverage for
44.25 	the joint child is required to enroll in a health plan so that
44.26 	the joint child can be enrolled in dependent health care
44.27 	coverage under the plan, the court must allocate the costs of
44.28 	the dependent health care coverage between the parties.  The
44.29 	costs of the health care coverage for the party ordered to carry
44.30 	the coverage for the joint child must not be allocated between
44.31 	the parties.
44.32 	Subd. 6.[NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER,
44.33 	UNION, OR HEALTH CARRIER.] (a) The public authority must forward
44.34 	a copy of the national medical support notice or court order for
44.35 	health care coverage to the party's employer within two business
44.36 	days after the date the party is entered into the work reporting
45.1 	system under section 256.998.
45.2 	(b) The public authority or a party seeking to enforce an
45.3 	order for health care coverage must forward a copy of the
45.4 	national medical support notice or court order to the obligor's
45.5 	employer or union, or to the health carrier under the following
45.6 	circumstances:
45.7 	(1) the party ordered to carry health care coverage for the
45.8 	joint child fails to provide written proof to the other party or
45.9 	the public authority, within 30 days of the effective date of
45.10 	the court order, that the party has applied for health care
45.11 	coverage for the joint child;
45.12 	(2) the party seeking to enforce the order or the public
45.13 	authority gives written notice to the party ordered to carry
45.14 	health care coverage for the joint child of its intent to
45.15 	enforce medical support.  The party seeking to enforce the order
45.16 	or public authority must mail the written notice to the last
45.17 	known address of the party ordered to carry health care coverage
45.18 	for the joint child; and 
45.19 	(3) the party ordered to carry health care coverage for the
45.20 	joint child fails, within 15 days after the date on which the
45.21 	written notice under clause (2) was mailed, to provide written
45.22 	proof to the other party or the public authority that the party
45.23 	has applied for health care coverage for the joint child.
45.24 	(c) The public authority is not required to forward a copy
45.25 	of the national medical support notice or court order to the
45.26 	obligor's employer or union, or to the health carrier, if the
45.27 	court orders health care coverage for the joint child that is
45.28 	not employer-based or union-based coverage.
45.29 		Subd. 7.Employer or union requirements. (a) An employer
45.30 	or union must forward the national medical support notice or
45.31 	court order to its health plan within 20 business days after the
45.32 	date on the national medical support notice or after receipt of
45.33 	the court order.
45.34 	(b) Upon determination by an employer's or union's health
45.35 	plan administrator that a joint child is eligible to be covered
45.36 	under the health plan, the employer or union and health plan
46.1 	must enroll the joint child as a beneficiary in the health plan,
46.2 	and the employer must withhold any required premiums from the
46.3 	income or wages of the party ordered to carry health care
46.4 	coverage for the joint child.
46.5 	(c) If enrollment of the party ordered to carry health care
46.6 	coverage for a joint child is necessary to obtain dependent
46.7 	health care coverage under the plan, and the party is not
46.8 	enrolled in the health plan, the employer or union must enroll
46.9 	the party in the plan.
46.10 	(d) Enrollment of dependents and, if necessary, the party
46.11 	ordered to carry health care coverage for the joint child must
46.12 	be immediate and not dependent upon open enrollment periods.
46.13 	Enrollment is not subject to the underwriting policies under
46.14 	section 62A.048.
46.15 	(e) Failure of the party ordered to carry health care
46.16 	coverage for the joint child to execute any documents necessary
46.17 	to enroll the dependent in the health plan does not affect the
46.18 	obligation of the employer or union and health plan to enroll
46.19 	the dependent in a plan.  Information and authorization provided
46.20 	by the public authority, or by a party or guardian, is valid for
46.21 	the purposes of meeting enrollment requirements of the health
46.22 	plan.
46.23 	(f) An employer or union that is included under the federal
46.24 	Employee Retirement Income Security Act of 1974 (ERISA), United
46.25 	States Code, title 29, section 1169(a), may not deny enrollment
46.26 	to the joint child or to the parent if necessary to enroll the
46.27 	joint child based on exclusionary clauses described in section
46.28 	62A.048.
46.29 	(g) A new employer or union of a party who is ordered to
46.30 	provide health care coverage for a joint child must enroll the
46.31 	joint child in the party's health plan as required by a national
46.32 	medical support notice or court order.
46.33 		Subd. 8.Health plan requirements. (a) If a health plan
46.34 	administrator receives a completed national medical support
46.35 	notice or court order, the plan administrator must notify the
46.36 	parties, and the public authority if the public authority
47.1 	provides support enforcement services, within 40 business days
47.2 	after the date of the notice or after receipt of the court
47.3 	order, of the following:
47.4 	(1) whether coverage is available to the joint child under
47.5 	the terms of the health plan and, if not, the reason why
47.6 	coverage is not available;
47.7 	(2) whether the joint child is covered under the health
47.8 	plan;
47.9 	(3) the effective date of the joint child's coverage under
47.10 	the health plan; and 
47.11 	(4) what steps, if any, are required to effectuate the
47.12 	joint child's coverage under the health plan.
47.13 	(b) If the employer or union offers more than one plan and
47.14 	the national medical support notice or court order does not
47.15 	specify the plan to be carried, the plan administrator must
47.16 	notify the parents and the public authority if the public
47.17 	authority provides support enforcement services.  When there is
47.18 	more than one option available under the plan, the public
47.19 	authority, in consultation with the parent with whom the joint
47.20 	child resides, must promptly select from available plan options.
47.21 	(c) The plan administrator must provide the parents and
47.22 	public authority, if the public authority provides support
47.23 	enforcement services, with a notice of the joint child's
47.24 	enrollment, description of the coverage, and any documents
47.25 	necessary to effectuate coverage.
47.26 	(d) The health plan must send copies of all correspondence
47.27 	regarding the health care coverage to the parents.
47.28 	(e) An insured joint child's parent's signature is a valid
47.29 	authorization to a health plan for purposes of processing an
47.30 	insurance reimbursement payment to the medical services provider
47.31 	or to the parent, if medical services have been prepaid by that
47.32 	parent.
47.33 		Subd. 9.Employer or union liability. (a) An employer or
47.34 	union that willfully fails to comply with the order or notice is
47.35 	liable for any uninsured medical expenses incurred by the
47.36 	dependents while the dependents were eligible to be enrolled in
48.1 	the health plan and for any other premium costs incurred because
48.2 	the employer or union willfully failed to comply with the order
48.3 	or notice.
48.4 	(b) An employer or union that fails to comply with the
48.5 	order or notice is subject to a contempt finding, a $250 civil
48.6 	penalty under section 518.615, and is subject to a civil penalty
48.7 	of $500 to be paid to the party entitled to reimbursement or the
48.8 	public authority.  Penalties paid to the public authority are
48.9 	designated for child support enforcement services.
48.10 		Subd. 10.Contesting enrollment. (a) A party may contest
48.11 	a joint child's enrollment in a health plan on the limited
48.12 	grounds that the enrollment is improper due to mistake of fact
48.13 	or that the enrollment meets the requirements of section 518.145.
48.14 	(b) If the party chooses to contest the enrollment, the
48.15 	party must do so no later than 15 days after the employer
48.16 	notifies the party of the enrollment by doing the following:
48.17 	(1) filing a motion in district court or according to
48.18 	section 484.702 and the expedited child support process rules if
48.19 	the public authority provides support enforcement services;
48.20 	(2) serving the motion on the other party and public
48.21 	authority if the public authority provides support enforcement
48.22 	services; and 
48.23 	(3) securing a date for the matter to be heard no later
48.24 	than 45 days after the notice of enrollment.
48.25 	(c) The enrollment must remain in place while the party
48.26 	contests the enrollment.
48.27 		Subd. 11.Disenrollment; continuation of coverage;
48.28 	coverage options. (a) Unless a court order provides otherwise,
48.29 	a child for whom a party is required to provide health care
48.30 	coverage under this section must be covered as a dependent of
48.31 	the party until the child is emancipated, until further order of
48.32 	the court, or as consistent with the terms of the coverage.
48.33 	(b) The health carrier, employer, or union may not
48.34 	disenroll or eliminate coverage for the child unless:
48.35 	(1) the health carrier, employer, or union is provided
48.36 	satisfactory written evidence that the court order is no longer
49.1 	in effect;
49.2 	(2) the joint child is or will be enrolled in comparable
49.3 	health care coverage through another health plan that will take
49.4 	effect no later than the effective date of the disenrollment;
49.5 	(3) the employee is no longer eligible for dependent
49.6 	coverage; or 
49.7 	(4) the required premium has not been paid by or on behalf
49.8 	of the joint child.
49.9 	(c) The health plan must provide 30 days' written notice to
49.10 	the joint child's parents, and the public authority if the
49.11 	public authority provides support enforcement services, before
49.12 	the health plan disenrolls or eliminates the joint child's
49.13 	coverage.
49.14 	(d) A joint child enrolled in health care coverage under a
49.15 	qualified medical child support order, including a national
49.16 	medical support notice, under this section is a dependent and a
49.17 	qualified beneficiary under the Consolidated Omnibus Budget and
49.18 	Reconciliation Act of 1985 (COBRA), Public Law 99-272.  Upon
49.19 	expiration of the order, the joint child is entitled to the
49.20 	opportunity to elect continued coverage that is available under
49.21 	the health plan.  The employer or union must provide notice to
49.22 	the parties and the public authority, if it provides support
49.23 	services, within ten days of the termination date.
49.24 	(e) If the public authority provides support enforcement
49.25 	services and a plan administrator reports to the public
49.26 	authority that there is more than one coverage option available
49.27 	under the health plan, the public authority, in consultation
49.28 	with the parent with whom the joint child resides, must promptly
49.29 	select coverage from the available options.
49.30 		Subd. 12.Spousal or former spousal coverage. The court
49.31 	must require the parent with whom the joint child does not
49.32 	reside to provide dependent health care coverage for the benefit
49.33 	of the parent with whom the joint child resides if the parent is
49.34 	ordered to provide dependent health care coverage for the
49.35 	parties' joint child and adding the other parent to the coverage
49.36 	results in no additional premium cost.
50.1 		Subd. 13.Disclosure of information. (a) If the public
50.2 	authority provides support enforcement services, the parties
50.3 	must provide the public authority with the following information:
50.4 	(1) information relating to dependent health care coverage
50.5 	or public coverage available for the benefit of the joint child
50.6 	for whom support is sought, including all information required
50.7 	to be included in a medical support order under this section;
50.8 	(2) verification that application for court-ordered health
50.9 	care coverage was made within 30 days of the court's order; and 
50.10 	(3) the reason that a joint child is not enrolled in
50.11 	court-ordered health care coverage, if a joint child is not
50.12 	enrolled in coverage or subsequently loses coverage.
50.13 	(b) Upon request from the public authority under section
50.14 	256.978, an employer, union, or plan administrator, including an
50.15 	employer subject to the federal Employee Retirement Income
50.16 	Security Act of 1974 (ERISA), United States Code, title 29,
50.17 	section 1169(a), must provide the public authority the following
50.18 	information:
50.19 	(1) information relating to dependent health care coverage
50.20 	available to a party for the benefit of the joint child for whom
50.21 	support is sought, including all information required to be
50.22 	included in a medical support order under this section; and 
50.23 	(2) information that will enable the public authority to
50.24 	determine whether a health plan is appropriate for a joint
50.25 	child, including, but not limited to, all available plan
50.26 	options, any geographic service restrictions, and the location
50.27 	of service providers.
50.28 	(c) The employer, union, or plan administrator must not
50.29 	release information regarding one party to the other party.  The
50.30 	employer, union, or plan administrator must provide both parties
50.31 	with insurance identification cards and all necessary written
50.32 	information to enable the parties to utilize the insurance
50.33 	benefits for the covered dependent.
50.34 	(d) The public authority is authorized to release to a
50.35 	party's employer, union, or health plan information necessary to
50.36 	verify availability of dependent health care coverage, or to
51.1 	establish, modify, or enforce medical support.
51.2 	(e) An employee must disclose to an employer if medical
51.3 	support is required to be withheld under this section and the
51.4 	employer must begin withholding according to the terms of the
51.5 	order and under section 518.6111.  If an employee discloses an
51.6 	obligation to obtain health care coverage and coverage is
51.7 	available through the employer, the employer must make all
51.8 	application processes known to the individual and enroll the
51.9 	employee and dependent in the plan.
51.10 		Subd. 14.Child support enforcement services. The public
51.11 	authority must take necessary steps to establish and enforce an
51.12 	order for medical support if the joint child receives public
51.13 	assistance or a party completes an application for services from
51.14 	the public authority under section 518.551, subdivision 7.
51.15 		Subd. 15.Enforcement. (a) Remedies available for
51.16 	collecting and enforcing child support apply to medical support.
51.17 	(b) For the purpose of enforcement, the following are
51.18 	additional support:
51.19 	(1) the costs of individual or group health or
51.20 	hospitalization coverage;
51.21 	(2) dental coverage;
51.22 	(3) medical costs ordered by the court to be paid by either
51.23 	party, including health and dental insurance premiums paid by
51.24 	the obligee because of the obligor's failure to obtain coverage
51.25 	as ordered; and 
51.26 	(4) liabilities established under this subdivision.
51.27 	(c) A party who fails to carry court-ordered dependent
51.28 	health care coverage is liable for the joint child's uninsured
51.29 	medical expenses unless a court order provides otherwise.  A
51.30 	party's failure to carry court-ordered coverage, or to provide
51.31 	other medical support as ordered, is a basis for modification of
51.32 	a support order under section 518.64, subdivision 2.
51.33 	(d) Payments by the health carrier or employer for services
51.34 	rendered to the dependents that are directed to a party not owed
51.35 	reimbursement must be endorsed over to and forwarded to the
51.36 	vendor or appropriate party or the public authority.  A party
52.1 	retaining insurance reimbursement not owed to the party is
52.2 	liable for the amount of the reimbursement.
52.3 		Subd. 16.Income withholding; offset. (a) If a party
52.4 	owes no joint child support obligation for a child and is an
52.5 	obligor ordered to contribute to the other party's cost for
52.6 	carrying health care coverage for the joint child, the obligor
52.7 	is subject to an offset under subdivision 5 or income
52.8 	withholding under section 518.6111.
52.9 	(b) If a party's court-ordered health care coverage for the
52.10 	joint child terminates and the joint child is not enrolled in
52.11 	other health care coverage or public coverage, and a
52.12 	modification motion is not pending, the public authority may
52.13 	remove the offset to a party's child support obligation or
52.14 	terminate income withholding instituted against a party under
52.15 	section 518.6111.  The public authority must provide notice to
52.16 	the parties of the action.
52.17 	(c) A party may contest the public authority's action to
52.18 	remove the offset to the child support obligation or terminate
52.19 	income withholding if the party makes a written request for a
52.20 	hearing within 30 days after receiving written notice.  If a
52.21 	party makes a timely request for a hearing, the public authority
52.22 	must schedule a hearing and send written notice of the hearing
52.23 	to the parties by mail to the parties' last known addresses at
52.24 	least 14 days before the hearing.  The hearing must be conducted
52.25 	in district court or in the expedited child support process if
52.26 	section 484.702 applies.  The district court or child support
52.27 	magistrate must determine whether removing the offset or
52.28 	terminating income withholding is appropriate and, if
52.29 	appropriate, the effective date for the removal or termination.
52.30 	(d) If the party does not request a hearing, the district
52.31 	court or child support magistrate must order the offset or
52.32 	income withholding termination effective the first day of the
52.33 	month following termination of the joint child's health care
52.34 	coverage.
52.35 		Subd. 17.Collecting unreimbursed and uninsured medical
52.36 	expenses. (a) A party must initiate a request for reimbursement
53.1 	of unreimbursed and uninsured medical expenses within two years
53.2 	of the date that the party incurred the unreimbursed or
53.3 	uninsured medical expenses.  The time period in this paragraph
53.4 	does not apply if the location of the other party is unknown.
53.5 	(b) A party seeking reimbursement of unreimbursed and
53.6 	uninsured medical expenses must mail a written notice of intent
53.7 	to collect the expenses and a copy of an affidavit of health
53.8 	care expenses to the other party at the other party's last known
53.9 	address.
53.10 	(c) The written notice must include a statement that the
53.11 	party has 30 days from the date the notice was mailed to (1) pay
53.12 	in full; (2) enter a payment agreement; or (3) file a motion
53.13 	requesting a hearing contesting the matter.  If the public
53.14 	authority provides support enforcement services, the written
53.15 	notice also must include a statement that the requesting party
53.16 	must submit the amount due to the public authority for
53.17 	collection.
53.18 	(d) The affidavit of health care expenses must itemize and
53.19 	document the joint child's unreimbursed or uninsured medical
53.20 	expenses and include copies of all bills, receipts, and
53.21 	insurance company explanations of benefits.
53.22 	(e) If the public authority provides support enforcement
53.23 	services, the party seeking reimbursement must send to the
53.24 	public authority a copy of the written notice, the original
53.25 	affidavit, and copies of all bills, receipts, and insurance
53.26 	company explanations of benefits.
53.27 	(f) If the party does not respond to the request for
53.28 	reimbursement within 30 days, the party seeking reimbursement or
53.29 	public authority, if the public authority provides support
53.30 	enforcement services, must commence an enforcement action
53.31 	against the party under subdivision 18.
53.32 	(g) The public authority must serve the other party with a
53.33 	notice of intent to enforce unreimbursed and uninsured medical
53.34 	expenses and file an affidavit of service by mail with the
53.35 	district court administrator.  The notice must state that,
53.36 	unless the party (1) pays in full; (2) enters into a payment
54.1 	agreement; or (3) files a motion contesting the matter within 14
54.2 	days of service of the notice, the public authority will
54.3 	commence enforcement of the expenses as medical support arrears
54.4 	under subdivision 18.
54.5 	(h) If the party files a timely motion for a hearing
54.6 	contesting the requested reimbursement, the contesting party
54.7 	must schedule a hearing in district court or in the expedited
54.8 	child support process if section 484.702 applies.  The
54.9 	contesting party must provide the party seeking reimbursement
54.10 	and the public authority, if the public authority provides
54.11 	support enforcement services, with written notice of the hearing
54.12 	at least 14 days before the hearing by mailing notice of the
54.13 	hearing to the public authority and the party at the party's
54.14 	last known address.  The party seeking reimbursement must file
54.15 	the original affidavit of health care expenses with the court at
54.16 	least five days before the hearing.  Based upon the evidence
54.17 	presented, the district court or child support magistrate must
54.18 	determine liability for the expenses and order that the liable
54.19 	party is subject to enforcement of the expenses as medical
54.20 	support arrears under subdivision 18.
54.21 		Subd. 18.Enforcing an order for medical support
54.22 	arrears. (a) If a party liable for unreimbursed and uninsured
54.23 	medical expenses owes a child support obligation to the party
54.24 	seeking reimbursement of the expenses, the expenses must be
54.25 	collected as medical support arrears.
54.26 	(b) If a party liable for unreimbursed and uninsured
54.27 	medical expenses does not owe a child support obligation to the
54.28 	party seeking reimbursement, and the party seeking reimbursement
54.29 	owes the liable party basic support arrears, the liable party's
54.30 	medical support arrears must be deducted from the amount of the
54.31 	basic support arrears.
54.32 	(c) If a liable party owes medical support arrears after
54.33 	deducting the amount owed from the amount of the child support
54.34 	arrears owed by the party seeking reimbursement, it must be
54.35 	collected as follows:
54.36 	(1) if the party seeking reimbursement owes a child support
55.1 	obligation to the liable party, the child support obligation
55.2 	must be reduced by 20 percent until the medical support arrears
55.3 	are satisfied;
55.4 	(2) if the party seeking reimbursement does not owe a child
55.5 	support obligation to the liable party, the liable party's
55.6 	income must be subject to income withholding under section
55.7 	518.6111 for an amount required under section 518.553 until the
55.8 	medical support arrears are satisfied; or 
55.9 	(3) if the party seeking reimbursement does not owe a child
55.10 	support obligation, and income withholding under section
55.11 	518.6111 is not available, payment of the medical support
55.12 	arrears must be required under a payment agreement under section
55.13 	518.553.
55.14 	(d) If a liable party fails to enter into or comply with a
55.15 	payment agreement, the party seeking reimbursement or the public
55.16 	authority, if it provides support enforcement services, may
55.17 	schedule a hearing to have a court order payment.  The party
55.18 	seeking reimbursement or the public authority must provide the
55.19 	liable party with written notice of the hearing at least 14 days
55.20 	before the hearing.

55.21 	Sec. 24. [518.72] CHILD CARE SUPPORT.
55.22 		Subdivision 1.Child care costs. Unless otherwise agreed
55.23 	to by the parties and approved by the court, the court must
55.24 	order that work-related or education-related child care costs of
55.25 	joint children be divided between the obligor and obligee based
55.26 	on their proportionate share of the parties' combined monthly
55.27 	parental income for determining child support.  Child care costs
55.28 	shall be adjusted by the amount of the estimated federal and
55.29 	state child care credit payable on behalf of a joint child.  The
55.30 	Department of Human Services shall develop tables to calculate
55.31 	the applicable credit based upon the custodial parent's parental
55.32 	income for determining child support.
55.33 		Subd. 2.Low-income obligor. (a) If the obligor's
55.34 	parental income for determining child support meets the income
55.35 	eligibility requirements for child care assistance under the
55.36 	basic sliding fee program under chapter 119B, the court must
56.1 	order the obligor to pay the lesser of the following amounts:
56.2 	(1) the amount of the obligor's monthly co-payment for
56.3 	child care assistance under the basic sliding fee schedule
56.4 	established by the commissioner of education under chapter 119B,
56.5 	based on an obligor's monthly parental income for determining
56.6 	child support and the size of the obligor's household provided
56.7 	that the obligee is actually receiving child care assistance
56.8 	under the basic sliding fee program.  For purposes of this
56.9 	subdivision, the obligor's household includes the obligor and
56.10 	the number of joint children for whom child support is being
56.11 	ordered; or 
56.12 	(2) the amount of the obligor's child care obligation under
56.13 	subdivision 1.
56.14 	(b) The commissioner of human services must publish a table
56.15 	with the child care assistance basic sliding fee amounts and
56.16 	update the table for changes to the basic sliding fee schedule
56.17 	by July 1 of each year.
56.18 		Subd. 3.Determining costs. (a) The court must require
56.19 	verification of employment or school attendance and
56.20 	documentation of child care expenses from the obligee and the
56.21 	public authority, if applicable.
56.22 	(b) If child care expenses fluctuate during the year
56.23 	because of the obligee's seasonal employment or school
56.24 	attendance or extended periods of parenting time with the
56.25 	obligor, the court must determine child care expenses based on
56.26 	an average monthly cost.
56.27 	(c) The amount allocated for child care expenses is
56.28 	considered child support but is not subject to a cost-of-living
56.29 	adjustment under section 518.641.
56.30 	(d) The court may allow the parent with whom the joint
56.31 	child does not reside to care for the joint child while the
56.32 	parent with whom the joint child resides is working or attending
56.33 	school, as provided in section 518.175, subdivision 8.  Allowing
56.34 	the parent with whom the joint child does not reside to care for
56.35 	the joint child under section 518.175, subdivision 8, is not a
56.36 	reason to deviate from the guidelines.
57.1 		Subd. 4.Change in child care. (a) When a court order
57.2 	provides for child care expenses and the public authority
57.3 	provides child support enforcement services, the public
57.4 	authority must suspend collecting the amount allocated for child
57.5 	care expenses when:
57.6 	(1) either party informs the public authority that no child
57.7 	care costs are being incurred; and 
57.8 	(2) the public authority verifies the accuracy of the
57.9 	information with the other party.
57.10 	The public authority will resume collecting child care expenses
57.11 	when either party provides information that child care costs
57.12 	have resumed.
57.13 	(b) If the parties provide conflicting information to the
57.14 	public authority regarding whether child care expenses are being
57.15 	incurred, the public authority will continue or resume
57.16 	collecting child care expenses.  Either party, by motion to the
57.17 	court, may challenge the suspension or resumption of the
57.18 	collection of child care expenses.  If the public authority
57.19 	suspends collection activities for the amount allocated for
57.20 	child care expenses, all other provisions of the court order
57.21 	remain in effect.
57.22 	(c) In cases where there is a substantial increase or
57.23 	decrease in child care expenses, the parties may modify the
57.24 	order under section 518.64.

57.25 	Sec. 25. [518.722] PARENTING EXPENSE ADJUSTMENT.
57.26 	(a) This section shall apply when the amount of parenting
57.27 	time granted to an obligor is ten percent or greater.  Every
57.28 	child support order shall specify the total percent of parenting
57.29 	time granted to each parent.
57.30 	(b) The obligor shall be entitled to a parenting expense
57.31 	adjustment calculated as follows:
57.32 	(1) find the adjustment percentage corresponding to the
57.33 	percentage of parenting time allowed to the obligor below:
57.34 	Percentage Range of Adjustment 
57.35 	Parenting Time Percentage 
57.36 	(i) less than 10 percent no adjustment 
58.1 	(ii) 10 percent to 45 percent 12 percent 
58.2 	(iii) 45.1 percent to 50 percent presume parenting 
58.3 	time is equal 
58.4 	(2) multiply the adjustment percentage by the obligor's
58.5 	basic child support obligation to arrive at the parenting
58.6 	expense adjustment.
58.7 	(c) Subtract the parenting expense adjustment from the
58.8 	obligor's basic child support obligation.  The result is the
58.9 	obligor's obligation after parenting expense adjustment.
58.10 	(d) If the parenting time is equal, the expenses for the
58.11 	children are equally shared, and the parental incomes for
58.12 	determining child support of the parents also are equal, no
58.13 	support shall be paid.
58.14 	(e) If the parenting time is equal but the parents'
58.15 	parental incomes for determining child support are not equal,
58.16 	the parent having the greater parental income for determining
58.17 	child support shall be obligated for basic child support,
58.18 	calculated as follows:
58.19 	(1) multiply the combined basic support by 1.5;
58.20 	(2) prorate the basic child support obligation between the
58.21 	parents, subtract the lower amount from the higher amount and
58.22 	divide the balance in half; and 
58.23 	(3) the resulting figure is the obligation after parenting
58.24 	expense adjustment for the parent with the greater adjusted
58.25 	gross income.
58.26 	(f) This parenting expense adjustment reflects the
58.27 	presumption that while exercising parenting time, a parent is
58.28 	responsible for and incurs costs of caring for the child,
58.29 	including, but not limited to, food, transportation, recreation,
58.30 	and household expenses.

58.31 	Sec. 26. [518.724] ABILITY TO PAY; SELF-SUPPORT
58.32 	ADJUSTMENT.
58.33 	It is a rebuttable presumption that a child support order
58.34 	should not exceed the obligor's ability to pay.  To determine
58.35 	the amount of child support the obligor has the ability to pay,
59.1 	follow the procedure set out in this section:
59.2 	(1) calculate the obligor's income available for support by
59.3 	subtracting a monthly self-support reserve equal to 120 percent
59.4 	of the federal poverty guidelines for one person from the
59.5 	obligor's gross income;
59.6 	(2) compare the obligor's income available for support from
59.7 	clause (1) to the amount of support calculated as per section
59.8 	518.713, clauses (1) to (15).  The amount of child support that
59.9 	is presumed to be correct, as defined in section 518.713, is the
59.10 	lesser of these two amounts;
59.11 	(3) this section does not apply to an incarcerated obligor;
59.12 	(4) if the obligor's child support is reduced under clause
59.13 	(2), then the court must apply the reduction to the child
59.14 	support obligation in the following order:
59.15 	(i) medical support obligation;
59.16 	(ii) child support care obligation; and 
59.17 	(iii) basic support obligation; and 
59.18 	(5) [MINIMUM BASIC SUPPORT AMOUNT.] if the obligor's income
59.19 	available for support is less than the self-support reserve,
59.20 	then the court must order minimum support as follows:
59.21 	(i) for one or two children, the obligor's basic support
59.22 	obligation is $50 per month;
59.23 	(ii) for three or four children, the obligor's basic
59.24 	support obligation is $75 per month; and 
59.25 	(iii) for five or more children, the obligor's basic
59.26 	support obligation is $100 per month.
59.27 	If the court orders the obligor to pay the minimum basic support
59.28 	amount under this paragraph, the obligor is presumed unable to
59.29 	pay child care support and medical support.
59.30 	If the court finds the obligor receives no income and completely
59.31 	lacks the ability to earn income, the minimum basic support
59.32 	amount under this paragraph does not apply.

59.33 	Sec. 27. [518.725] GUIDELINE USED IN CHILD SUPPORT
59.34 	DETERMINATIONS.
59.35 		Subdivision 1.Determination of support obligation. (a)
59.36 	The guideline in this section is a rebuttable presumption and
60.1 	shall be used in any judicial or administrative proceeding to
60.2 	establish or modify a support obligation under chapter 518.
60.3 	(b) The basic child support obligation shall be determined
60.4 	by referencing the guideline for the appropriate number of joint
60.5 	children and the combined parental income for determining child
60.6 	support of the parents.
60.7 	(c) If a child is not in the custody of either parent and a
60.8 	support order is sought against one or both parents, the basic
60.9 	child support obligation shall be determined by referencing the
60.10 	guideline for the appropriate number of joint children, and the
60.11 	parent's individual parental income for determining child
60.12 	support, not the combined parental incomes for determining child
60.13 	support of the parents.
60.14 	(d) For combined parental incomes for determining child
60.15 	support exceeding $15,000 per month, the presumed basic child
60.16 	support obligations shall be as for parents with combined
60.17 	parental income for determining child support of $15,000 per
60.18 	month.  A basic child support obligation in excess of this level
60.19 	may be demonstrated for those reasons set forth in section
60.20 	518.714.
60.21 		Subd. 2.Basic support; guideline. Unless otherwise
60.22 	agreed to by the parents and approved by the court, when
60.23 	establishing basic support, the court must order that basic
60.24 	support be divided between the parents based on their
60.25 	proportionate share of the parents' combined monthly parental
60.26 	income for determining child support, as determined under
60.27 	section 518.712, subdivision 8.  Basic support must be computed
60.28 	using the following guideline:
60.29 	Combined Parental Number of Children
60.30 	Income for
60.31 	Determining
60.32 	Child Support One Two Three Four Five Six 
60.33 	$0-  $799 $50 $50 $75 $75 $100 $100 
60.34 	800-   899 80 129 149 173 201 233 
60.35 	900-   999 90 145 167 194 226 262 
60.36 	1,000- 1,099 116 161 186 216 251 291 
60.37 	1,100- 1,199 145 205 237 275 320 370 
61.1 	1,200- 1,299 177 254 294 341 396 459 
61.2 	1,300- 1,399 212 309 356 414 480 557 
61.3 	1,400- 1,499 251 368 425 493 573 664 
61.4 	1,500- 1,599 292 433 500 580 673 780 
61.5 	1,600- 1,699 337 502 580 673 781 905 
61.6 	1,700- 1,799 385 577 666 773 897 1,040 
61.7 	1,800- 1,899 436 657 758 880 1,021 1,183 
61.8 	1,900- 1,999 490 742 856 994 1,152 1,336 
61.9 	2,000- 2,099 516 832 960 1,114 1,292 1,498 
61.10 	2,100- 2,199 528 851 981 1,139 1,320 1,531 
61.11 	2,200- 2,299 538 867 1,000 1,160 1,346 1,561 
61.12 	2,300- 2,399 546 881 1,016 1,179 1,367 1,586 
61.13 	2,400- 2,499 554 893 1,029 1,195 1,385 1,608 
61.14 	2,500- 2,599 560 903 1,040 1,208 1,400 1,625 
61.15 	2,600- 2,699 570 920 1,060 1,230 1,426 1,655 
61.16 	2,700- 2,799 580 936 1,078 1,251 1,450 1,683 
61.17 	2,800- 2,899 589 950 1,094 1,270 1,472 1,707 
61.18 	2,900- 2,999 596 963 1,109 1,287 1,492 1,730 
61.19 	3,000- 3,099 603 975 1,122 1,302 1,509 1,749 
61.20 	3,100- 3,199 613 991 1,141 1,324 1,535 1,779 
61.21 	3,200- 3,299 623 1,007 1,158 1,344 1,558 1,807 
61.22 	3,300- 3,399 632 1,021 1,175 1,363 1,581 1,833 
61.23 	3,400- 3,499 640 1,034 1,190 1,380 1,601 1,857 
61.24 	3,500- 3,599 648 1,047 1,204 1,397 1,621 1,880 
61.25 	3,600- 3,699 657 1,062 1,223 1,418 1,646 1,909 
61.26 	3,700- 3,799 667 1,077 1,240 1,439 1,670 1,937 
61.27 	3,800- 3,899 676 1,018 1,257 1,459 1,693 1,963 
61.28 	3,900- 3,999 684 1,104 1,273 1,478 1,715 1,988 
61.29 	4,000- 4,099 692 1,116 1,288 1,496 1,736 2,012 
61.30 	4,100- 4,199 701 1,132 1,305 1,516 1,759 2,039 
61.31 	4,200- 4,299 710 1,147 1,322 1,536 1,781 2,064 
61.32 	4,300- 4,399 718 1,161 1,338 1,554 1,802 2,088 
61.33 	4,400- 4,499 726 1,175 1,353 1,572 1,822 2,111 
61.34 	4,500- 4,599 734 1,184 1,368 1,589 1,841 2,133 
61.35 	4,600- 4,699 743 1,200 1,386 1,608 1,864 2,160 
61.36 	4,700- 4,799 753 1,215 1,402 1,627 1,887 2,186 
62.1 	4,800- 4,899 762 1,231 1,419 1,645 1,908 2,212 
62.2 	4,900- 4,999 771 1,246 1,435 1,663 1,930 2,236 
62.3 	5,000- 5,099 780 1,260 1,450 1,680 1,950 2,260 
62.4 	5,100- 5,199 788 1,275 1,468 1,701 1,975 2,289 
62.5 	5,200- 5,299 797 1,290 1,485 1,722 1,999 2,317 
62.6 	5,300- 5,399 805 1,304 1,502 1,743 2,022 2,345 
62.7 	5,400- 5,499 812 1,318 1,518 1,763 2,046 2,372 
62.8 	5,500- 5,599 820 1,331 1,535 1,782 2,068 2,398 
62.9 	5,600- 5,699 829 1,346 1,551 1,801 2,090 2,424 
62.10 	5,700- 5,799 838 1,357 1,568 1,819 2,111 2,449 
62.11 	5,800- 5,899 847 1,376 1,583 1,837 2,132 2,473 
62.12 	5,900- 5,999 856 1,390 1,599 1,855 2,152 2,497 
62.13 	6,000- 6,099 864 1,404 1,614 1,872 2,172 2,520 
62.14 	6,100- 6,199 874 1,419 1,631 1,892 2,195 2,546 
62.15 	6,200- 6,299 883 1,433 1,645 1,912 2,217 2,572 
62.16 	6,300- 6,399 892 1,448 1,664 1,932 2,239 2,597 
62.17 	6,400- 6,499 901 1,462 1,682 1,951 2,260 2,621 
62.18 	6,500- 6,599 910 1,476 1,697 1,970 2,282 2,646 
62.19 	6,600- 6,699 919 1,490 1,713 1,989 2,305 2,673 
62.20 	6,700- 6,799 927 1,505 1,730 2,009 2,328 2,700 
62.21 	6,800- 6,899 936 1,519 1,746 2,028 2,350 2,727 
62.22 	6,900- 6,999 944 1,533 1,762 2,047 2,379 2,753 
62.23 	7,000- 7,099 952 1,547 1,778 2,065 2,394 2,779 
62.24 	7,100- 7,199 961 1,561 1,795 2,085 2,417 2,805 
62.25 	7,200- 7,299 971 1,574 1,812 2,104 2,439 2,830 
62.26 	7,300- 7,399 980 1,587 1,828 2,123 2,462 2,854 
62.27 	7,400- 7,499 989 1,600 1,844 2,142 2,483 2,879 
62.28 	7,500- 7,599 998 1,613 1,860 2,160 2,505 2,903 
62.29 	7,600- 7,699 1,006 1,628 1,877 2,180 2,528 2,929 
62.30 	7,700- 7,799 1,015 1,643 1,894 2,199 2,550 2,955 
62.31 	7,800- 7,899 1,023 1,658 1,911 2,218 2,572 2,981 
62.32 	7,900- 7,999 1,032 1,673 1,928 2,237 2,594 3,007 
62.33 	8,000- 8,099 1,040 1,688 1,944 2,256 2,616 3,032 
62.34 	8,100- 8,199 1,048 1,703 1,960 2,274 2,637 3,057 
62.35 	8,200- 8,299 1,056 1,717 1,976 2,293 2,658 3,082 
62.36 	8,300- 8,399 1,064 1,731 1,992 2,311 2,679 3,106 
63.1 	8,400- 8,499 1,072 1,746 2,008 2,328 2,700 3,130 
63.2 	8,500- 8,599 1,080 1,760 2,023 2,346 2,720 3,154 
63.3 	8,600- 8,699 1,092 1,780 2,047 2,374 2,752 3,191 
63.4 	8,700- 8,799 1,105 1,801 2,071 2,401 2,784 3,228 
63.5 	8,800- 8,899 1,118 1,822 2,094 2,429 2,816 3,265 
63.6 	8,900- 8,999 1,130 1,842 2,118 2,456 2,848 3,302 
63.7 	9,000- 9,099 1,143 1,863 2,142 2,484 2,880 3,339 
63.8 	9,100- 9,199 1,156 1,884 2,166 2,512 2,912 3,376 
63.9 	9,200- 9,299 1,168 1,904 2,190 2,539 2,944 3,413 
63.10 	9,300- 9,399 1,181 1,925 2,213 2,567 2,976 3,450 
63.11 	9,400- 9,499 1,194 1,946 2,237 2,594 3,008 3,487 
63.12 	9,500- 9,599 1,207 1,967 2,261 2,622 3,040 3,525 
63.13 	9,600- 9,699 1,219 1,987 2,285 2,650 3,072 3,562 
63.14 	9,700- 9,799 1,232 2,008 2,309 2,677 3,104 3,599 
63.15 	9,800- 9,899 1,245 2,029 2,332 2,705 3,136 3,636 
63.16 	9,900- 9,999 1,257 2,049 2,356 2,732 3,168 3,673 
63.17 	10,000-10,099 1,270 2,070 2,380 2,760 3,200 3,710 
63.18 	10,100-10,199 1,283 2,091 2,404 2,788 3,232 3,747 
63.19 	10,200-10,299 1,295 2,111 2,428 2,815 3,264 3,784 
63.20 	10,300-10,399 1,308 2,132 2,451 2,843 3,296 3,821 
63.21 	10,400-10,499 1,321 2,153 2,475 2,870 3,328 3,858 
63.22 	10,500-10,599 1,334 2,174 2,499 2,898 3,360 3,896 
63.23 	10,600-10,699 1,346 2,194 2,523 2,926 3,392 3,933 
63.24 	10,700-10,799 1,359 2,215 2,547 2,953 3,424 3,970 
63.25 	10,800-10,899 1,372 2,236 2,570 2,981 3,456 4,007 
63.26 	10,900-10,999 1,384 2,256 2,594 3,008 3,488 4,044 
63.27 	11,000-11,099 1,397 2,277 2,618 3,036 3,520 4,081 
63.28 	11,100-11,199 1,410 2,298 2,642 3,064 3,552 4,118 
63.29 	11,200-11,299 1,422 2,318 2,666 3,091 3,584 4,155 
63.30 	11,300-11,399 1,435 2,339 2,689 3,119 3,616 4,192 
63.31 	11,400-11,499 1,448 2,360 2,713 3,146 3,648 4,229 
63.32 	11,500-11,599 1,461 2,381 2,737 3,174 3,680 4,267 
63.33 	11,600-11,699 1,473 2,401 2,761 3,202 3,712 4,304 
63.34 	11,700-11,799 1,486 2,422 2,785 3,229 3,744 4,341 
63.35 	11,800-11,899 1,499 2,443 2,808 3,257 3,776 4,378 
63.36 	11,900-11,999 1,511 2,463 2,832 3,284 3,808 4,415 
64.1 	12,000-12,099 1,524 2,484 2,856 3,312 3,840 4,452 
64.2 	12,100-12,199 1,537 2,505 2,880 3,340 3,872 4,489 
64.3 	12,200-12,299 1,549 2,525 2,904 3,367 3,904 4,526 
64.4 	12,300-12,399 1,562 2,546 2,927 3,395 3,936 4,563 
64.5 	12,400-12,499 1,575 2,567 2,951 3,422 3,968 4,600 
64.6 	12,500-12,599 1,588 2,588 2,975 3,450 4,000 4,638 
64.7 	12,600-12,699 1,600 2,608 2,999 3,478 4,032 4,675 
64.8 	12,700-12,799 1,613 2,629 3,023 3,505 4,064 4,712 
64.9 	12,800-12,899 1,626 2,650 3,046 3,533 4,096 4,749 
64.10 	12,900-12,999 1,638 2,670 3,070 3,560 4,128 4,786 
64.11 	13,000-13,099 1,651 2,691 3,094 3,588 4,160 4,823 
64.12 	13,100-13,199 1,664 2,712 3,118 3,616 4,192 4,860 
64.13 	13,200-13,299 1,676 2,732 3,142 3,643 4,224 4,897 
64.14 	13,300-13,399 1,689 2,753 3,165 3,671 4,256 4,934 
64.15 	13,400-13,499 1,702 2,774 3,189 3,698 4,288 4,971 
64.16 	13,500-13,599 1,715 2,795 3,213 3,726 4,320 5,009 
64.17 	13,600-13,699 1,727 2,815 3,237 3,754 4,352 5,046 
64.18 	13,700-13,799 1,740 2,836 3,261 3,781 4,384 5,083 
64.19 	13,800-13,899 1,753 2,857 3,284 3,809 4,416 5,120 
64.20 	13,900-13,999 1,765 2,877 3,308 3,836 4,448 5,157 
64.21 	14,000-14,009 1,778 2,898 3,332 3,864 4,480 5,194 
64.22 	14,100-14,199 1,791 2,919 3,356 3,892 4,512 5,231 
64.23 	14,200-14,299 1,803 2,939 3,380 3,919 4,544 5,268 
64.24 	14,300-14,399 1,816 2,960 3,403 3,947 4,576 5,305 
64.25 	14,400-14,499 1,829 2,981 3,427 3,974 4,608 5,342 
64.26 	14,500-14,599 1,842 3,002 3,451 4,002 4,640 5,380 
64.27 	14,600-14,699 1,854 3,022 3,475 4,030 4,672 5,417 
64.28 	14,700-14,799 1,867 3,043 3,499 4,057 4,704 5,454 
64.29 	14,800-14,899 1,880 3,064 3,522 4,085 4,736 5,491 
64.30 	14,900-14,999 1,892 3,084 3,546 4,112 4,768 5,528 
64.31 	15,000, or 1,905 3,105 3,570 4,140 4,800 5,565 
64.32 	the amount
64.33 	in effect
64.34 	under subd. 4 
64.35 		Subd. 3.Income cap on determining basic support. (a)
64.36 	The basic support obligation for parents with a combined
64.37 	parental income for determining child support in excess of the
65.1 	income limit currently in effect under subdivision 2 must be the
65.2 	same dollar amount as provided for the parties with a combined
65.3 	parental income for determining child support equal to the
65.4 	income in effect under subdivision 2.
65.5 	(b) A court may order a basic support obligation in a child
65.6 	support order in an amount that exceeds the income limit in
65.7 	subdivision 2 if it finds that a child has a disability or other
65.8 	substantial, demonstrated need for the additional support for
65.9 	those reasons set forth in section 518.714 and that the
65.10 	additional support will directly benefit the child.
65.11 	(c) The dollar amount for the cap in subdivision 2 must be
65.12 	adjusted on July 1 of every even-numbered year to reflect
65.13 	cost-of-living changes.  The Supreme Court must select the index
65.14 	for the adjustment from the indices listed in section 518.641,
65.15 	subdivision 1.  The state court administrator must make the
65.16 	changes in the dollar amounts required by this paragraph
65.17 	available to courts and the public on or before April 30 of the
65.18 	year in which the amount is to change.
65.19 		Subd. 4.More than six children. If a child support
65.20 	proceeding involves more than six children, the court may derive
65.21 	a support order without specifically following the guidelines.
65.22 	However, the court must consider the basic principles
65.23 	encompassed by the guidelines and must consider both parents'
65.24 	needs, resources, and circumstances.

65.25 	Sec. 28. [518.729] WORKSHEET.
65.26 	The commissioner of human services must create and publish
65.27 	a worksheet to assist in calculating child support under
65.28 	sections 518.712 to 518.729.  The worksheet must not impose
65.29 	substantive requirements other than requirements contained in
65.30 	sections 518.712 to 518.729.  The commissioner must update the
65.31 	worksheet by July 1 of each year.  The commissioner must make an
65.32 	interactive version of the worksheet available on the Department
65.33 	of Human Services Web site.

65.34 	Sec. 29. STUDY OF ECONOMIC IMPACT OF CHILD SUPPORT
65.35 	GUIDELINES.
 65.36 	The commissioner of human services shall contract with a
66.1 	private provider to conduct an economic analysis of the child
66.2 	support guidelines contained in this act to evaluate whether the
66.3 	guidelines fairly represent the cost of raising children for the
66.4 	respective parental income levels, excluding medical support,
66.5 	child care, and education costs.
66.6 	The results of the study shall be completed by no later
66.7 	than January 30, 2006.  The private provider must have
66.8 	experience in evaluating or establishing child support
66.9 	guidelines, using the income shares approach, in other states.

66.10 	Sec. 30. REVISOR'S INSTRUCTION.
 66.11 	The revisor of statutes shall renumber the provisions of
66.12 	Minnesota Statutes listed in column A to the references listed
66.13 	in column B.  The revisor shall also make necessary
66.14 	cross-reference changes in Minnesota Statutes and Minnesota
66.15 	Rules consistent with the renumbering.
66.16 	Column A Column B
66.17 	518.5513518.741
66.18 	518.553518.743
66.19 	518.57518.745
66.20 	518.575518.747
66.21 	518.585518.749
66.22 	518.5851518.751
66.23 	518.5852518.752
66.24 	518.5853518.753
66.25 	518.6111518.755
66.26 	518.612518.757
66.27 	518.614518.759
66.28 	518.615518.761
66.29 	518.616518.763
66.30 	518.617518.765
66.31 	518.618518.767
66.32 	518.6195518.769
66.33 	518.6196518.770
66.34 	518.641518.771
66.35 	518.642518.773 

66.36 	Sec. 31. APPROPRIATIONS.
 67.1 	$860,000 is appropriated in fiscal year 2006 and $450,000
67.2 	is appropriated in fiscal year 2007 from the general fund to the
67.3 	commissioner of human services to fund implementation of this
67.4 	act and to reimburse counties for their implementation costs.
67.5 	The commissioner of human services shall distribute funds to the
67.6 	counties for their costs of implementation based upon their
67.7 	total county IV-D caseload.  The appropriation base in fiscal
67.8 	year 2008 for grants to counties shall be $450,000.
67.9 	$440,000 is appropriated in fiscal year 2007 from the
67.10 	general fund to the supreme court administrator to fund
67.11 	implementation of this act.  This is a onetime appropriation.

67.12 	Sec. 32. REPEALER.
 67.13 	Minnesota Statutes 2004, sections 518.171; 518.54,
67.14 	subdivisions 2, 4, and 4a; and 518.551, subdivisions 1, 5a, 5c,
67.15 	and 5f, are repealed.

67.16 	Sec. 33. EFFECTIVE DATE.
 67.17 	Sections 1 to 3 are effective July 1, 2005.  Sections 4 to
67.18 	34 are effective January 1, 2007, and apply to orders adopted or
67.19 	modified after that date.