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; 518.64, subdivision 2, by adding subdivisions;
1.11 	518.68, subdivision 2; proposing coding for new law in
1.12 	Minnesota Statutes, chapter 518; repealing Minnesota
1.13 	Statutes 2004, sections 518.171; 518.54, subdivisions
1.14 	2, 4, 4a; 518.551, subdivisions 1, 5a, 5c, 5f.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

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

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

5.2 	Sec. 4. [518.1781] SIX-MONTH REVIEW.
5.3 	(a) A request for a six-month review hearing form must be
5.4 	attached to a decree of dissolution or legal separation or an
5.5 	order that initially establishes child custody, parenting time,
5.6 	or support rights and obligations of parents.  The state court
5.7 	administrator is requested to prepare the request for review
5.8 	hearing form.  The form must include information regarding the
5.9 	procedures for requesting a hearing, the purpose of the hearing,
5.10 	and any other information regarding a hearing under this section
5.11 	that the state court administrator deems necessary.
5.12 	(b) The six-month review hearing shall be held if any party
5.13 	submits a written request for a hearing within six months after
5.14 	entry of a decree of dissolution or legal separation or order
5.15 	that establishes child custody, parenting time, or support.
5.16 	(c) Upon receipt of a completed request for hearing form,
5.17 	the court administrator shall provide notice of the hearing to
5.18 	all other parties and the public authority.  The court
5.19 	administrator shall schedule the six-month review hearing as
5.20 	soon as practicable following the receipt of the hearing request
5.21 	form.
5.22 	(d) At the six-month hearing, the court must review:
5.23 	(1) whether child support is current; and 
5.24 	(2) whether both parties are complying with the parenting
5.25 	time provisions of the order.
5.26 	(e) At the six-month hearing, the obligor has the burden to
5.27 	present evidence to establish that child support payments are
5.28 	current.  A party may request that the public authority provide
5.29 	information to the parties and court regarding child support
5.30 	payments.  A party must request the information from the public
5.31 	authority at least 14 days before the hearing.  The commissioner
5.32 	of human services must develop a form to be used by the public
5.33 	authority to submit child support payment information to the
5.34 	parties and court.
5.35 	(f) Contempt of court and all statutory remedies for child
5.36 	support and parenting time enforcement may be imposed by the
6.1 	court at the six-month hearing for noncompliance by either party
6.2 	pursuant to chapters 517C and 588 and the Minnesota Court Rules.
6.3 	(g) A request for a six-month review hearing form must be
6.4 	attached to a decree or order that initially establishes child
6.5 	support rights and obligations according to section 517A.29.

6.6 	Sec. 5. Minnesota Statutes 2004, section 518.54, is
6.7 	amended to read:
6.8 	518.54 DEFINITIONS.
6.9 		Subdivision 1.Terms. For the purposes of sections
6.10 	518.54 to 518.66 518.773, the terms defined in this section
6.11 	shall have the meanings respectively ascribed to them.
6.12 		Subd. 2.Child. "Child" means an individual under 18
6.13 	years of age, an individual under age 20 who is still attending
6.14 	secondary school, or an individual who, by reason of physical or
6.15 	mental condition, is incapable of self-support.
6.16 		Subd. 2a.Deposit account. "Deposit account" means funds
6.17 	deposited with a financial institution in the form of a savings
6.18 	account, checking account, NOW account, or demand deposit
6.19 	account.
6.20 		Subd. 2b.Financial institution. "Financial institution"
6.21 	means a savings association, bank, trust company, credit union,
6.22 	industrial loan and thrift company, bank and trust company, or
6.23 	savings association, and includes a branch or detached facility
6.24 	of a financial institution.
6.25 		Subd. 3.Maintenance. "Maintenance" means an award made
6.26 	in a dissolution or legal separation proceeding of payments from
6.27 	the future income or earnings of one spouse for the support and
6.28 	maintenance of the other.
6.29 		Subd. 4.Support money; child support. "Support money"
6.30 	or "child support" means an amount for basic support, child care
6.31 	support, and medical support pursuant to:
6.32 	(1) an award in a dissolution, legal separation, annulment,
6.33 	or parentage proceeding for the care, support and education of
6.34 	any child of the marriage or of the parties to the proceeding;
6.35 	or 
6.36 	(2) a contribution by parents ordered under section 256.87;
7.1 	or 
7.2 	(3) support ordered under chapter 518B or 518C.
7.3 		Subd. 4a.Support order. "Support order" means a
7.4 	judgment, decree, or order, whether temporary, final, or subject
7.5 	to modification, issued by a court or administrative agency of
7.6 	competent jurisdiction, for the support and maintenance of a
7.7 	child, including a child who has attained the age of majority
7.8 	under the law of the issuing state, or a child and the parent
7.9 	with whom the child is living, that provides for monetary
7.10 	support, child care, medical support including expenses for
7.11 	confinement and pregnancy, arrearages, or reimbursement, and
7.12 	that may include related costs and fees, interest and penalties,
7.13 	income withholding, and other relief.  This definition applies
7.14 	to orders issued under this chapter and chapters 256, 257, and
7.15 	518C.
7.16 		Subd. 5.Marital property; exceptions. "Marital
7.17 	property" means property, real or personal, including vested
7.18 	public or private pension plan benefits or rights, acquired by
7.19 	the parties, or either of them, to a dissolution, legal
7.20 	separation, or annulment proceeding at any time during the
7.21 	existence of the marriage relation between them, or at any time
7.22 	during which the parties were living together as husband and
7.23 	wife under a purported marriage relationship which is annulled
7.24 	in an annulment proceeding, but prior to the date of valuation
7.25 	under section 518.58, subdivision 1.  All property acquired by
7.26 	either spouse subsequent to the marriage and before the
7.27 	valuation date is presumed to be marital property regardless of
7.28 	whether title is held individually or by the spouses in a form
7.29 	of co-ownership such as joint tenancy, tenancy in common,
7.30 	tenancy by the entirety, or community property.  Each spouse
7.31 	shall be deemed to have a common ownership in marital property
7.32 	that vests not later than the time of the entry of the decree in
7.33 	a proceeding for dissolution or annulment.  The extent of the
7.34 	vested interest shall be determined and made final by the court
7.35 	pursuant to section 518.58.  If a title interest in real
7.36 	property is held individually by only one spouse, the interest
8.1 	in the real property of the nontitled spouse is not subject to
8.2 	claims of creditors or judgment or tax liens until the time of
8.3 	entry of the decree awarding an interest to the nontitled
8.4 	spouse.  The presumption of marital property is overcome by a
8.5 	showing that the property is nonmarital property.
8.6 	"Nonmarital property" means property real or personal,
8.7 	acquired by either spouse before, during, or after the existence
8.8 	of their marriage, which
8.9 	(a) is acquired as a gift, bequest, devise or inheritance
8.10 	made by a third party to one but not to the other spouse;
8.11 	(b) is acquired before the marriage;
8.12 	(c) is acquired in exchange for or is the increase in value
8.13 	of property which is described in clauses (a), (b), (d), and
8.14 	(e);
8.15 	(d) is acquired by a spouse after the valuation date; or
8.16 	(e) is excluded by a valid antenuptial contract.
8.17 		Subd. 6.Income. "Income" means any form of periodic
8.18 	payment to an individual including, but not limited to, wages,
8.19 	salaries, payments to an independent contractor, workers'
8.20 	compensation, unemployment benefits, annuity, military and naval
8.21 	retirement, pension and disability payments.  Benefits received
8.22 	under Title IV-A of the Social Security Act and chapter 256J are
8.23 	not income under this section.
8.24 		Subd. 7.Obligee. "Obligee" means a person to whom
8.25 	payments for maintenance or support are owed.
8.26 		Subd. 8.Obligor. "Obligor" means a person obligated to
8.27 	pay maintenance or support.  A person who is designated as the
8.28 	sole physical custodian of a child is presumed not to be an
8.29 	obligor for purposes of calculating current support under
8.30 	section 518.551 unless the court makes specific written findings
8.31 	to overcome this presumption. For purposes of ordering medical
8.32 	support under section 518.719, a custodial parent may be an
8.33 	obligor subject to a cost-of-living adjustment under section
8.34 	518.641 and a payment agreement under section 518.553.
8.35 		Subd. 9.Public authority. "Public authority" means
8.36 	the public authority responsible for child support enforcement 
9.1 	local unit of government, acting on behalf of the state, that is
9.2 	responsible for child support enforcement or the Department of
9.3 	Human Services, Child Support Enforcement Division.
9.4 		Subd. 10.Pension plan benefits or rights. "Pension plan
9.5 	benefits or rights" means a benefit or right from a public or
9.6 	private pension plan accrued to the end of the month in which
9.7 	marital assets are valued, as determined under the terms of the
9.8 	laws or other plan document provisions governing the plan,
9.9 	including section 356.30.
9.10 		Subd. 11.Public pension plan. "Public pension plan"
9.11 	means a pension plan or fund specified in section 356.20,
9.12 	subdivision 2, or 356.30, subdivision 3, the deferred
9.13 	compensation plan specified in section 352.96, or any retirement
9.14 	or pension plan or fund, including a supplemental retirement
9.15 	plan or fund, established, maintained, or supported by a
9.16 	governmental subdivision or public body whose revenues are
9.17 	derived from taxation, fees, assessments, or from other public
9.18 	sources.
9.19 		Subd. 12.Private pension plan. "Private pension plan"
9.20 	means a plan, fund, or program maintained by an employer or
9.21 	employee organization that provides retirement income to
9.22 	employees or results in a deferral of income by employees for a
9.23 	period extending to the termination of covered employment or
9.24 	beyond.
9.25 		Subd. 13.Arrears. Arrears are amounts that accrue
9.26 	pursuant to an obligor's failure to comply with a support
9.27 	order.  Past support and pregnancy and confinement expenses
9.28 	contained in a support order are arrears if the court order does
9.29 	not contain repayment terms.  Arrears also arise by the
9.30 	obligor's failure to comply with the terms of a court order for
9.31 	repayment of past support or pregnancy and confinement
9.32 	expenses.  An obligor's failure to comply with the terms for
9.33 	repayment of amounts owed for past support or pregnancy and
9.34 	confinement turns the entire amount owed into arrears.
9.35 		Subd. 14.Iv-d case. "IV-D case" means a case where a
9.36 	party has assigned to the state rights to child support because
10.1 	of the receipt of public assistance as defined in section
10.2 	256.741 or has applied for child support services under title
10.3 	IV-D of the Social Security Act, United States Code, title 42,
10.4 	section 654(4).
10.5 	Subd. 15.[PARENTAL INCOME FOR CHILD SUPPORT
10.6 	(PICS).] "Parental income for child support," or "PICS," means
10.7 	gross income under subdivision 18 minus deductions for nonjoint
10.8 	children as allowed by section 518.717.
10.9 	Subd. 16.[APPORTIONED VETERANS' BENEFITS.] "Apportioned
10.10 	veterans' benefits" means the amount the Veterans Administration
10.11 	deducts from the veteran's award and disburses to the child or
10.12 	the child's representative payee.  The apportionment of
10.13 	veterans' benefits shall be that determined by the Veterans
10.14 	Administration and governed by Code of Federal Regulations,
10.15 	title 38, sections 3.450 to 3.458.
10.16 		Subd. 17.Basic support. "Basic support" means the
10.17 	support obligation determined by applying the parent's parental
10.18 	income for child support, or if there are two parents, their
10.19 	combined parental income for child support, to the guideline in
10.20 	the manner set out in section 518.725.  Basic support includes
10.21 	the dollar amount ordered for a child's housing, food, clothing,
10.22 	transportation, and education costs, and other expenses relating
10.23 	to the child's care.  Basic support does not include monetary
10.24 	contributions for a child's child care expenses and medical and
10.25 	dental expenses.
10.26 		Subd. 18.Gross income. "Gross income" means:
10.27 	(1) the gross income of the parent calculated under section
10.28 	518.7123; plus 
10.29 	(2) Social Security or veterans' benefit payments received
10.30 	on behalf of the child under section 518.718; plus 
10.31 	(3) the potential income of the parent, if any, as
10.32 	determined in subdivision 23; minus 
10.33 	(4) spousal maintenance that any party has been ordered to
10.34 	pay; minus 
10.35 	(5) the amount of any existing child support order for
10.36 	other nonjoint children.
11.1 		Subd. 19.Joint child. "Joint child" means the dependent
11.2 	child who is the son or daughter of both parents in the support
11.3 	proceeding.  In those cases where support is sought from only
11.4 	one parent of a child, a joint child is the child for whom
11.5 	support is sought.
11.6 		Subd. 20.Nonjoint child. "Nonjoint child" means the
11.7 	legal child of one, but not both of the parents subject to this
11.8 	determination.  Specifically excluded from this definition are
11.9 	stepchildren.
11.10 		Subd. 21.Parenting time. "Parenting time" means the
11.11 	amount of time a child is scheduled to spend with the parent
11.12 	according to a court order.  Parenting time includes time with
11.13 	the child whether it is designated as visitation, physical
11.14 	custody, or parenting time.  For purposes of section 518.722,
11.15 	the percentage of parenting time may be calculated by
11.16 	calculating the number of overnights that a child spends with a
11.17 	parent, or by using a method other than overnights if the parent
11.18 	has significant time periods where the child is in the parent's
11.19 	physical custody, but does not stay overnight.
11.20 		Subd. 22.Payor of funds. "Payor of funds" means a
11.21 	person or entity that provides funds to an obligor, including an
11.22 	employer as defined under chapter 24, section 3401(d), of the
11.23 	Internal Revenue Code, an independent contractor, payor of
11.24 	workers' compensation benefits or unemployment insurance
11.25 	benefits, or a financial institution as defined in section
11.26 	13B.06.
11.27 		Subd. 23.Potential income. "Potential income" is income
11.28 	determined under this subdivision.
11.29 	(a) If a parent is voluntarily unemployed, underemployed,
11.30 	or employed on a less than full-time basis, or there is no
11.31 	direct evidence of any income, child support shall be calculated
11.32 	based on a determination of potential income.  For purposes of
11.33 	this determination, it is rebuttably presumed that a parent can
11.34 	be gainfully employed on a full-time basis.
11.35 	(b) Determination of potential income shall be made
11.36 	according to one of three methods, as appropriate:
12.1 	(1) the parent's probable earnings level based on
12.2 	employment potential, recent work history, and occupational
12.3 	qualifications in light of prevailing job opportunities and
12.4 	earnings levels in the community;
12.5 	(2) if a parent is receiving unemployment compensation or
12.6 	workers' compensation, that parent's income may be calculated
12.7 	using the actual amount of the unemployment compensation or
12.8 	workers' compensation benefit received; or 
12.9 	(3) the amount of income a parent could earn working full
12.10 	time at 150 percent of the current federal or state minimum
12.11 	wage, whichever is higher.
12.12 	(c) A parent is not considered voluntarily unemployed or
12.13 	underemployed upon a showing by the parent that:
12.14 	(1) unemployment or underemployment is temporary and will
12.15 	ultimately lead to an increase in income;
12.16 	(2) the unemployment or underemployment represents a bona
12.17 	fide career change that outweighs the adverse effect of that
12.18 	parent's diminished income on the child; or 
12.19 	(3) the parent is unable to work full time due to a
12.20 	verified disability or due to incarceration.
12.21 	(d) As used in this section, "full time" means 40 hours of
12.22 	work in a week except in those industries, trades, or
12.23 	professions in which most employers due to custom, practice, or
12.24 	agreement utilize a normal work week of more or less than 40
12.25 	hours in a week.
12.26 	(e) If the parent of a joint child is a recipient of a
12.27 	temporary assistance to a needy family (TANF) cash grant, no
12.28 	potential income shall be imputed to that parent.
12.29 	(f) If a parent stays at home to care for a child who is
12.30 	subject to the child support order, the court may consider the
12.31 	following factors when determining whether the parent is
12.32 	voluntarily unemployed or underemployed:
12.33 	(1) the parties' parenting and child care arrangements
12.34 	before the child support action;
12.35 	(2) the stay-at-home parent's employment history, recency
12.36 	of employment, earnings, and the availability of jobs within the
13.1 	community for an individual with the parent's qualifications;
13.2 	(3) the relationship between the employment-related
13.3 	expenses, including, but not limited to, child care and
13.4 	transportation costs required for the parent to be employed, and
13.5 	the income the stay-at-home parent could receive from available
13.6 	jobs within the community for an individual with the parent's
13.7 	qualifications;
13.8 	(4) the child's age and health, including whether the child
13.9 	is physically or mentally disabled; and 
13.10 	(5) the availability of child care providers.
13.11 	(g) Paragraph (f) does not apply if the parent stays at
13.12 	home to care for other nonjoint children, only.
13.13 	(h) A self-employed parent shall not be considered to be
13.14 	voluntarily unemployed or underemployed if that parent can show
13.15 	that the parent's net self-employment income is lower because of
13.16 	economic conditions.
13.17 		Subd. 24.Primary physical custody. The parent having
13.18 	"primary physical custody" means the parent who provides the
13.19 	primary residence for a child and is responsible for the
13.20 	majority of the day-to-day decisions concerning a child.
13.21 		Subd. 25.Social security benefits. "Social Security
13.22 	benefits" means the monthly amount the Social Security
13.23 	Administration pays to a joint child or the child's
13.24 	representative payee due solely to the disability or retirement
13.25 	of either parent.  Benefits paid to a parent due to the
13.26 	disability of a child are excluded from this definition.
13.27 		Subd. 26.Split custody. "Split custody" means that each
13.28 	parent in a two-parent calculation has primary physical custody
13.29 	of at least one of the joint children.
13.30 	Subd. 27.[SURVIVORS' AND DEPENDENTS' EDUCATIONAL
13.31 	ASSISTANCE.] "Survivors' and dependents' educational assistance"
13.32 	are funds disbursed by the Veterans Administration under United
13.33 	States Code, title 38, chapter 35, to the child or the child's
13.34 	representative payee.

13.35 	Sec. 6. Minnesota Statutes 2004, section 518.55,
13.36 	subdivision 4, is amended to read:
14.1 		Subd. 4.Determination of controlling order.  The public
14.2 	authority or a party may request the district court to determine
14.3 	a controlling order in situations in which more than one order
14.4 	involving the same obligor and child exists. The court shall
14.5 	presume that the latest order that involves the same obligor and
14.6 	joint child is controlling, subject to contrary proof.

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

20.32 	Sec. 8. Minnesota Statutes 2004, section 518.551,
20.33 	subdivision 5b, is amended to read:
20.34 		Subd. 5b.determination of income providing income
20.35 	information.  (a) The parties shall timely serve and file
20.36 	documentation of earnings and income. When there is a prehearing
21.1 	conference, the court must receive the documentation of income
21.2 	at least ten days prior to the prehearing conference.
21.3 	Documentation of earnings and income also includes, but is not
21.4 	limited to, pay stubs for the most recent three months, employer
21.5 	statements, or statement of receipts and expenses if
21.6 	self-employed.  Documentation of earnings and income also
21.7 	includes copies of each parent's most recent federal tax
21.8 	returns, including W-2 forms, 1099 forms, unemployment benefits
21.9 	statements, workers' compensation statements, and all other
21.10 	documents evidencing income as received that provide
21.11 	verification of income over a longer period In any case where
21.12 	the parties have joint children for which a child support order
21.13 	must be determined, the parties shall serve and file with their
21.14 	initial pleadings or motion documents, a financial affidavit,
21.15 	disclosing all sources of gross income.  The financial affidavit
21.16 	shall include relevant supporting documentation necessary to
21.17 	calculate the parental income for child support under section
21.18 	518.54, subdivision 15, including, but not limited to, pay stubs
21.19 	for the most recent three months, employer statements, or
21.20 	statements of receipts and expenses if self-employed.
21.21 	Documentation of earnings and income also include relevant
21.22 	copies of each parent's most recent federal tax returns,
21.23 	including W-2 forms, 1099 forms, unemployment benefit
21.24 	statements, workers' compensation statements, and all other
21.25 	documents evidencing earnings or income as received that provide
21.26 	verification for the financial affidavit.
21.27 	(b) In addition to the requirements of paragraph (a), at
21.28 	any time after an action seeking child support has been
21.29 	commenced or when a child support order is in effect, a party or
21.30 	the public authority may require the other party to give them a
21.31 	copy of the party's most recent federal tax returns that were
21.32 	filed with the Internal Revenue Service.  The party shall
21.33 	provide a copy of the tax returns within 30 days of receipt of
21.34 	the request unless the request is not made in good faith.  A
21.35 	request under this paragraph may not be made more than once
21.36 	every two years, in the absence of good cause.
22.1 	(c) If a parent under the jurisdiction of the court does
22.2 	not appear at a court hearing after proper notice of the time
22.3 	and place of the hearing serve and file the financial affidavit
22.4 	with the parent's initial pleading, the court shall set income
22.5 	for that parent based on credible evidence before the court or
22.6 	in accordance with paragraph (d) section 518.54, subdivision 23.
22.7 	Credible evidence may include documentation of current or recent
22.8 	income, testimony of the other parent concerning recent earnings
22.9 	and income levels, and the parent's wage reports filed with the
22.10 	Minnesota Department of Employment and Economic Development
22.11 	under section 268.044.
22.12 	(d) If the court finds that a parent is voluntarily
22.13 	unemployed or underemployed or was voluntarily unemployed or
22.14 	underemployed during the period for which past support is being
22.15 	sought, support shall be calculated based on a determination of
22.16 	imputed income.  A parent is not considered voluntarily
22.17 	unemployed or underemployed upon a showing by the parent that
22.18 	the unemployment or underemployment:  (1) is temporary and will
22.19 	ultimately lead to an increase in income; or (2) represents a
22.20 	bona fide career change that outweighs the adverse effect of
22.21 	that parent's diminished income on the child.  Imputed income
22.22 	means the estimated earning ability of a parent based on the
22.23 	parent's prior earnings history, education, and job skills, and
22.24 	on availability of jobs within the community for an individual
22.25 	with the parent's qualifications.
22.26 	(e) If there is insufficient information to determine
22.27 	actual income or to impute income pursuant to paragraph (d), the
22.28 	court may calculate support based on full-time employment of 40
22.29 	hours per week at 150 percent of the federal minimum wage or the
22.30 	Minnesota minimum wage, whichever is higher.  If a parent is a
22.31 	recipient of public assistance under section 256.741, or is
22.32 	physically or mentally incapacitated, it shall be presumed that
22.33 	the parent is not voluntarily unemployed or underemployed.
22.34 	(f) Income from self employment is equal to gross receipts
22.35 	minus ordinary and necessary expenses.  Ordinary and necessary
22.36 	expenses do not include amounts allowed by the Internal Revenue
23.1 	Service for accelerated depreciation expenses or investment tax
23.2 	credits or any other business expenses determined by the court
23.3 	to be inappropriate for determining income for purposes of child
23.4 	support.  The person seeking to deduct an expense, including
23.5 	depreciation, has the burden of proving, if challenged, that the
23.6 	expense is ordinary and necessary.  Net income under this
23.7 	section may be different from taxable income.

23.8 	Sec. 9. [518.6197] CHILD SUPPORT DEBT/ARREARAGE
23.9 	MANAGEMENT.
23.10 	In order to reduce and otherwise manage support debts and
23.11 	arrearages, the parties, including the public authority where
23.12 	arrearages have been assigned to the public authority, may
23.13 	compromise unpaid support debts or arrearages owed by one party
23.14 	to another, whether or not docketed as a judgment.  A party may
23.15 	agree or disagree to compromise only those debts or arrearages
23.16 	owed to that party.

23.17 	Sec. 10. Minnesota Statutes 2004, section 518.64,
23.18 	subdivision 2, is amended to read:
23.19 		Subd. 2.Modification.  (a) The terms of an order
23.20 	respecting maintenance or support may be modified upon a showing
23.21 	of one or more of the following:  (1) substantially increased or
23.22 	decreased earnings of a party gross income of an obligor or
23.23 	obligee; (2) substantially increased or decreased need of a
23.24 	party an obligor or obligee or the child or children that are
23.25 	the subject of these proceedings; (3) receipt of assistance
23.26 	under the AFDC program formerly codified under sections 256.72
23.27 	to 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a
23.28 	change in the cost of living for either party as measured by the
23.29 	Federal Bureau of Labor Statistics, any of which makes the terms
23.30 	unreasonable and unfair; (5) extraordinary medical expenses of
23.31 	the child not provided for under section 518.171; or (6) the
23.32 	addition of work-related or education-related child care
23.33 	expenses of the obligee or a substantial increase or decrease in
23.34 	existing work-related or education-related child care expenses;
23.35 	or (7) upon the emancipation of the child, as provided in
23.36 	section 518.64, subdivision 4a.
24.1 	On a motion to modify support, the needs of any child the
24.2 	obligor has after the entry of the support order that is the
24.3 	subject of a modification motion shall be considered as provided
24.4 	by section 518.551, subdivision 5f.
24.5 	(b) It is presumed that there has been a substantial change
24.6 	in circumstances under paragraph (a) and the terms of a current
24.7 	support order shall be rebuttably presumed to be unreasonable
24.8 	and unfair if:
24.9 	(1) the application of the child support guidelines in
24.10 	section 518.551, subdivision 5, to the current circumstances of
24.11 	the parties results in a calculated court order that is at least
24.12 	20 percent and at least $50 $75 per month higher or lower than
24.13 	the current support order;
24.14 	(2) the medical support provisions of the order established
24.15 	under section 518.171 518.719 are not enforceable by the public
24.16 	authority or the obligee;
24.17 	(3) health coverage ordered under section 518.171 518.719 
24.18 	is not available to the child for whom the order is established
24.19 	by the parent ordered to provide; or 
24.20 	(4) the existing support obligation is in the form of a
24.21 	statement of percentage and not a specific dollar amount; or 
24.22 	(5) the gross income of an obligor or obligee has decreased
24.23 	by at least 20 percent through no fault or choice of the party.
24.24 	(c) A child support order is not presumptively modifiable
24.25 	solely because an obligor or obligee becomes responsible for the
24.26 	support of an additional nonjoint child, which is born after an
24.27 	existing order.  Section 518.717 shall be considered if other
24.28 	grounds are alleged which allow a modification of support.
24.29 	(d) On a motion for modification of maintenance, including
24.30 	a motion for the extension of the duration of a maintenance
24.31 	award, the court shall apply, in addition to all other relevant
24.32 	factors, the factors for an award of maintenance under section
24.33 	518.552 that exist at the time of the motion.  On a motion for
24.34 	modification of support, the court:
24.35 	(1) shall apply section 518.551, subdivision 5 518.725, and
24.36 	shall not consider the financial circumstances of each party's
25.1 	spouse, if any; and
25.2 	(2) shall not consider compensation received by a party for
25.3 	employment in excess of a 40-hour work week, provided that the
25.4 	party demonstrates, and the court finds, that:
25.5 	(i) the excess employment began after entry of the existing
25.6 	support order;
25.7 	(ii) the excess employment is voluntary and not a condition
25.8 	of employment;
25.9 	(iii) the excess employment is in the nature of additional,
25.10 	part-time employment, or overtime employment compensable by the
25.11 	hour or fractions of an hour;
25.12 	(iv) the party's compensation structure has not been
25.13 	changed for the purpose of affecting a support or maintenance
25.14 	obligation;
25.15 	(v) in the case of an obligor, current child support
25.16 	payments are at least equal to the guidelines amount based on
25.17 	income not excluded under this clause; and
25.18 	(vi) in the case of an obligor who is in arrears in child
25.19 	support payments to the obligee, any net income from excess
25.20 	employment must be used to pay the arrearages until the
25.21 	arrearages are paid in full.
25.22 	(d) (e) A modification of support or maintenance, including
25.23 	interest that accrued pursuant to section 548.091, may be made
25.24 	retroactive only with respect to any period during which the
25.25 	petitioning party has pending a motion for modification but only
25.26 	from the date of service of notice of the motion on the
25.27 	responding party and on the public authority if public
25.28 	assistance is being furnished or the county attorney is the
25.29 	attorney of record. However, modification may be applied to an
25.30 	earlier period if the court makes express findings that:
25.31 	(1) the party seeking modification was precluded from
25.32 	serving a motion by reason of a significant physical or mental
25.33 	disability, a material misrepresentation of another party, or
25.34 	fraud upon the court and that the party seeking modification,
25.35 	when no longer precluded, promptly served a motion;
25.36 	(2) the party seeking modification was a recipient of
26.1 	federal Supplemental Security Income (SSI), Title II Older
26.2 	Americans, Survivor's Disability Insurance (OASDI), other
26.3 	disability benefits, or public assistance based upon need during
26.4 	the period for which retroactive modification is sought;
26.5 	(3) the order for which the party seeks amendment was
26.6 	entered by default, the party shows good cause for not
26.7 	appearing, and the record contains no factual evidence, or
26.8 	clearly erroneous evidence regarding the individual obligor's
26.9 	ability to pay; or 
26.10 	(4) the party seeking modification was institutionalized or
26.11 	incarcerated for an offense other than nonsupport of a child
26.12 	during the period for which retroactive modification is sought
26.13 	and lacked the financial ability to pay the support ordered
26.14 	during that time period.  In determining whether to allow the
26.15 	retroactive modification, the court shall consider whether and
26.16 	when a request was made to the public authority for support
26.17 	modification.
26.18 	The court may provide that a reduction in the amount allocated
26.19 	for child care expenses based on a substantial decrease in the
26.20 	expenses is effective as of the date the expenses decreased.
26.21 	(e) (f) Except for an award of the right of occupancy of
26.22 	the homestead, provided in section 518.63, all divisions of real
26.23 	and personal property provided by section 518.58 shall be final,
26.24 	and may be revoked or modified only where the court finds the
26.25 	existence of conditions that justify reopening a judgment under
26.26 	the laws of this state, including motions under section 518.145,
26.27 	subdivision 2.  The court may impose a lien or charge on the
26.28 	divided property at any time while the property, or subsequently
26.29 	acquired property, is owned by the parties or either of them,
26.30 	for the payment of maintenance or support money, or may
26.31 	sequester the property as is provided by section 518.24.
26.32 	(f) (g) The court need not hold an evidentiary hearing on a
26.33 	motion for modification of maintenance or support.
26.34 	(g) (h) Section 518.14 shall govern the award of attorney
26.35 	fees for motions brought under this subdivision.
26.36 	(i) Except as expressly provided, an enactment, amendment,
27.1 	or repeal of law does not constitute a substantial change in the
27.2 	circumstances for purposes of modifying a child support order.
27.3 	(j) There may be no modification of an existing child
27.4 	support order during the first year following the effective date
27.5 	of sections 518.7123 to 518.729 except as follows:
27.6 	(1) there is at least a 20 percent change in the gross
27.7 	income of the obligor;
27.8 	(2) there is a change in the number of joint children for
27.9 	whom the obligor is legally responsible and actually supporting;
27.10 	(3) the child supported by the existing child support order
27.11 	becomes disabled; or 
27.12 	(4) both parents consent to modification of the existing
27.13 	order in compliance with the new income shares guidelines.
27.14 	(k) On the first modification under the income shares
27.15 	method of calculation, the modification of basic support may be
27.16 	limited if the amount of the full variance would create hardship
27.17 	for either the obligor or the obligee.
27.18 	Paragraph (j) expires January 1, 2008.

27.19 	Sec. 11. Minnesota Statutes 2004, section 518.64, is
27.20 	amended by adding a subdivision to read:
27.21 		Subd. 7.Child care exception. The court may provide
27.22 	that a reduction in the amount allocated for child care expenses
27.23 	based on a substantial decrease in the expenses is effective as
27.24 	of the date the expense is decreased.

27.25 	Sec. 12. Minnesota Statutes 2004, section 518.64, is
27.26 	amended by adding a subdivision to read:
27.27 		Subd. 8.Child support debt and arrearage
27.28 	management. The parties, including the public authority, may
27.29 	compromise child support debt or arrearages owed by one party to
27.30 	another, whether or not reduced to judgment, upon agreement of
27.31 	the parties involved.

27.32 	Sec. 13. Minnesota Statutes 2004, section 518.68,
27.33 	subdivision 2, is amended to read:
27.34 		Subd. 2.Contents.  The required notices must be
27.35 	substantially as follows:
27.36 	IMPORTANT NOTICE
28.1 	1.  PAYMENTS TO PUBLIC AGENCY
28.2 	According to Minnesota Statutes, section 518.551,
28.3 	subdivision 1, payments ordered for maintenance and support
28.4 	must be paid to the public agency responsible for child
28.5 	support enforcement as long as the person entitled to
28.6 	receive the payments is receiving or has applied for public
28.7 	assistance or has applied for support and maintenance
28.8 	collection services.  MAIL PAYMENTS TO:
28.9 	2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A
28.10 	FELONY
28.11 	A person may be charged with a felony who conceals a minor
28.12 	child or takes, obtains, retains, or fails to return a
28.13 	minor child from or to the child's parent (or person with
28.14 	custodial or visitation rights), according to Minnesota
28.15 	Statutes, section 609.26.  A copy of that section is
28.16 	available from any district court clerk.
28.17 	3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES
28.18 	A person who fails to pay court-ordered child support or
28.19 	maintenance may be charged with a crime, which may include
28.20 	misdemeanor, gross misdemeanor, or felony charges,
28.21 	according to Minnesota Statutes, section 609.375.  A copy
28.22 	of that section is available from any district court clerk.
28.23 	4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME
28.24 	(a) Payment of support or spousal maintenance is to be as
28.25 	ordered, and the giving of gifts or making purchases of
28.26 	food, clothing, and the like will not fulfill the
28.27 	obligation.
28.28 	(b) Payment of support must be made as it becomes due, and
28.29 	failure to secure or denial of parenting time is NOT an
28.30 	excuse for nonpayment, but the aggrieved party must seek
28.31 	relief through a proper motion filed with the court.
28.32 	(c) Nonpayment of support is not grounds to deny parenting
28.33 	time.  The party entitled to receive support may apply for
28.34 	support and collection services, file a contempt motion, or
28.35 	obtain a judgment as provided in Minnesota Statutes,
28.36 	section 548.091.
29.1 	(d) The payment of support or spousal maintenance takes
29.2 	priority over payment of debts and other obligations.
29.3 	(e) A party who accepts additional obligations of support
29.4 	does so with the full knowledge of the party's prior
29.5 	obligation under this proceeding.
29.6 	(f) Child support or maintenance is based on annual income,
29.7 	and it is the responsibility of a person with seasonal
29.8 	employment to budget income so that payments are made
29.9 	throughout the year as ordered.
29.10 	(g) If the obligor is laid off from employment or receives
29.11 	a pay reduction, support may be reduced, but only if a
29.12 	motion to reduce the support is served and filed with the
29.13 	court.  Any reduction will take effect only if ordered by
29.14 	the court and may only relate back to the time that the
29.15 	motion is filed.  If a motion is not filed, the support
29.16 	obligation will continue at the current level.  The court
29.17 	is not permitted to reduce support retroactively, except as
29.18 	provided in Minnesota Statutes, section 518.64, subdivision
29.19 	2, paragraph (c).
29.20 	(h) Reasonable parenting time guidelines are contained in
29.21 	Appendix B, which is available from the court administrator.
29.22 	(i) (h) The nonpayment of support may be enforced through
29.23 	the denial of student grants; interception of state and
29.24 	federal tax refunds; suspension of driver's, recreational,
29.25 	and occupational licenses; referral to the department of
29.26 	revenue or private collection agencies; seizure of assets,
29.27 	including bank accounts and other assets held by financial
29.28 	institutions; reporting to credit bureaus; interest
29.29 	charging, income withholding, and contempt proceedings; and
29.30 	other enforcement methods allowed by law.
29.31 	(i) The public authority may suspend or resume collection
29.32 	of the amount allocated for child care expenses if the
29.33 	conditions of section 518.72, subdivision 4, are met.
29.34 	5.  MODIFYING CHILD SUPPORT 
29.35 	If either the obligor or obligee is laid off from
29.36 	employment or receives a pay reduction, child support may
30.1 	be modified, increased, or decreased.  Any modification
30.2 	will only take effect when it is ordered by the court, and
30.3 	will only relate back to the time that a motion is filed.
30.4 	Either the obligor or obligee may file a motion to modify
30.5 	child support, and may request the public agency for help.
30.6 	UNTIL A MOTION IS FILED, THE CHILD SUPPORT OBLIGATION WILL
30.7 	CONTINUE AT THE CURRENT LEVEL.  THE COURT IS NOT PERMITTED
30.8 	TO REDUCE SUPPORT RETROACTIVELY.
30.9 	5 6.  PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17,
30.10 	SUBDIVISION 3
30.11 	Unless otherwise provided by the Court:
30.12 	(a) Each party has the right of access to, and to receive
30.13 	copies of, school, medical, dental, religious training, and
30.14 	other important records and information about the minor
30.15 	children.  Each party has the right of access to
30.16 	information regarding health or dental insurance available
30.17 	to the minor children.  Presentation of a copy of this
30.18 	order to the custodian of a record or other information
30.19 	about the minor children constitutes sufficient
30.20 	authorization for the release of the record or information
30.21 	to the requesting party.
30.22 	(b) Each party shall keep the other informed as to the name
30.23 	and address of the school of attendance of the minor
30.24 	children.  Each party has the right to be informed by
30.25 	school officials about the children's welfare, educational
30.26 	progress and status, and to attend school and parent
30.27 	teacher conferences.  The school is not required to hold a
30.28 	separate conference for each party.
30.29 	(c) In case of an accident or serious illness of a minor
30.30 	child, each party shall notify the other party of the
30.31 	accident or illness, and the name of the health care
30.32 	provider and the place of treatment.
30.33 	(d) Each party has the right of reasonable access and
30.34 	telephone contact with the minor children.
30.35 	6 7.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE
30.36 	Child support and/or spousal maintenance may be withheld
31.1 	from income, with or without notice to the person obligated
31.2 	to pay, when the conditions of Minnesota Statutes, section
31.3 	518.6111 have been met.  A copy of those sections is
31.4 	available from any district court clerk.
31.5 	7 8.  CHANGE OF ADDRESS OR RESIDENCE
31.6 	Unless otherwise ordered, each party shall notify the other
31.7 	party, the court, and the public authority responsible for
31.8 	collection, if applicable, of the following information
31.9 	within ten days of any change:  the residential and mailing
31.10 	address, telephone number, driver's license number, Social
31.11 	Security number, and name, address, and telephone number of
31.12 	the employer.
31.13 	8 9.  COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE
31.14 	Child support and/or spousal maintenance may be adjusted
31.15 	every two years based upon a change in the cost of living
31.16 	(using Department of Labor Consumer Price Index ..........,
31.17 	unless otherwise specified in this order) when the
31.18 	conditions of Minnesota Statutes, section 518.641, are met.
31.19 	Cost of living increases are compounded.  A copy of
31.20 	Minnesota Statutes, section 518.641, and forms necessary to
31.21 	request or contest a cost of living increase are available
31.22 	from any district court clerk.
31.23 	9 10.  JUDGMENTS FOR UNPAID SUPPORT
31.24 	If a person fails to make a child support payment, the
31.25 	payment owed becomes a judgment against the person
31.26 	responsible to make the payment by operation of law on or
31.27 	after the date the payment is due, and the person entitled
31.28 	to receive the payment or the public agency may obtain
31.29 	entry and docketing of the judgment WITHOUT NOTICE to the
31.30 	person responsible to make the payment under Minnesota
31.31 	Statutes, section 548.091.  Interest begins to accrue on a
31.32 	payment or installment of child support whenever the unpaid
31.33 	amount due is greater than the current support due,
31.34 	according to Minnesota Statutes, section 548.091,
31.35 	subdivision 1a.
31.36 	10 11.  JUDGMENTS FOR UNPAID MAINTENANCE
32.1 	A judgment for unpaid spousal maintenance may be entered
32.2 	when the conditions of Minnesota Statutes, section 548.091,
32.3 	are met.  A copy of that section is available from any
32.4 	district court clerk.
32.5 	11 12.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF
32.6 	CHILD SUPPORT
32.7 	A judgment for attorney fees and other collection costs
32.8 	incurred in enforcing a child support order will be entered
32.9 	against the person responsible to pay support when the
32.10 	conditions of section 518.14, subdivision 2, are met.  A
32.11 	copy of section 518.14 and forms necessary to request or
32.12 	contest these attorney fees and collection costs are
32.13 	available from any district court clerk.
32.14 	12 13.  PARENTING TIME EXPEDITOR PROCESS
32.15 	On request of either party or on its own motion, the court
32.16 	may appoint a parenting time expeditor to resolve parenting
32.17 	time disputes under Minnesota Statutes, section 518.1751.
32.18 	A copy of that section and a description of the expeditor
32.19 	process is available from any district court clerk.
32.20 	13 14.  PARENTING TIME REMEDIES AND PENALTIES
32.21 	Remedies and penalties for the wrongful denial of parenting
32.22 	time are available under Minnesota Statutes, section
32.23 	518.175, subdivision 6.  These include compensatory
32.24 	parenting time; civil penalties; bond requirements;
32.25 	contempt; and reversal of custody.  A copy of that
32.26 	subdivision and forms for requesting relief are available
32.27 	from any district court clerk.

32.28 	Sec. 14. [518.7123] CALCULATION OF GROSS INCOME.
32.29 	(a) Except as excluded below, gross income includes income
32.30 	from any source, including, but not limited to, salaries, wages,
32.31 	commissions, advances, bonuses, dividends, severance pay,
32.32 	pensions, interest, honoraria, trust income, annuities, return
32.33 	on capital, Social Security benefits, workers' compensation
32.34 	benefits, unemployment insurance benefits, disability insurance
32.35 	benefits, gifts, prizes, including lottery winnings, alimony,
32.36 	spousal maintenance payments, income from self-employment or
33.1 	operation of a business, as determined under section 518.7125.
33.2 	All salary, wages, commissions, or other compensation paid by
33.3 	third parties shall be based upon Medicare gross income.  No
33.4 	deductions shall be allowed for contributions to pensions,
33.5 	401-K, IRA, or other retirement benefits.
33.6 	(b) Excluded and not counted in gross income is
33.7 	compensation received by a party for employment in excess of a
33.8 	40-hour work week, provided that:
33.9 	(1) child support is nonetheless ordered in an amount at
33.10 	least equal to the guideline amount based on gross income not
33.11 	excluded under this clause; and 
33.12 	(2) the party demonstrates, and the court finds, that:
33.13 	(i) the excess employment began after the filing of the
33.14 	petition for dissolution;
33.15 	(ii) the excess employment reflects an increase in the work
33.16 	schedule or hours worked over that of the two years immediately
33.17 	preceding the filing of the petition;
33.18 	(iii) the excess employment is voluntary and not a
33.19 	condition of employment;
33.20 	(iv) the excess employment is in the nature of additional,
33.21 	part-time or overtime employment compensable by the hour or
33.22 	fraction of an hour; and 
33.23 	(v) the party's compensation structure has not been changed
33.24 	for the purpose of affecting a support or maintenance obligation.
33.25 	(c) Expense reimbursements or in-kind payments received by
33.26 	a parent in the course of employment, self-employment, or
33.27 	operation of a business shall be counted as income if they
33.28 	reduce personal living expenses.
33.29 	(d) Gross income may be calculated on either an annual or
33.30 	monthly basis.  Weekly income shall be translated to monthly
33.31 	income by multiplying the weekly income by 4.33.
33.32 	(e) Excluded and not counted as income is any child support
33.33 	payment received by a party.  It is a rebuttable presumption
33.34 	that adoption assistance payments, guardianship assistance
33.35 	payments, and foster care subsidies are excluded and not counted
33.36 	as income.
34.1 	(f) Excluded and not counted as income is the income of the
34.2 	obligor's spouse and the obligee's spouse.

34.3 	Sec. 15. [518.7125] INCOME FROM SELF-EMPLOYMENT OR
34.4 	OPERATION OF A BUSINESS.
34.5 	For income from self-employment, rent, royalties,
34.6 	proprietorship of a business, or joint ownership of a
34.7 	partnership or closely held corporation, gross income is defined
34.8 	as gross receipts minus costs of goods sold minus ordinary and
34.9 	necessary expenses required for self-employment or business
34.10 	operation.  Specifically excluded from ordinary and necessary
34.11 	expenses are amounts allowable by the Internal Revenue Service
34.12 	for the accelerated component of depreciation expenses,
34.13 	investment tax credits, or any other business expenses
34.14 	determined by the court to be inappropriate or excessive for
34.15 	determining gross income for purposes of calculating child
34.16 	support.

34.17 	Sec. 16. [518.713] COMPUTATION OF CHILD SUPPORT
34.18 	OBLIGATIONS.
34.19 	To determine the presumptive amount of support owed by a
34.20 	parent, follow the procedure set forth in this section:
34.21 	(1) determine the gross income of each parent using the
34.22 	definition in section 518.54, subdivision 18;
34.23 	(2) calculate the parental income for child support (PICS)
34.24 	of each parent under section 518.54, subdivision 15, by
34.25 	subtracting from the gross income the credit, if any, for each
34.26 	parent's nonjoint children under section 518.717;
34.27 	(3) determine the percentage contribution of each parent to
34.28 	the combined PICS by dividing the combined PICS into each
34.29 	parent's PICS;
34.30 	(4) determine the combined basic support obligation by
34.31 	application of the schedule in section 518.725;
34.32 	(5) determine each parent's share of the basic support
34.33 	obligation by multiplying the percentage figure from clause (3)
34.34 	by the combined basic support obligation in clause (4);
34.35 	(6) determine the parenting expense adjustment, if any, as
34.36 	provided in section 518.722, and adjust that parent's basic
35.1 	support obligation accordingly;
35.2 	(7) determine the child care support obligation for each
35.3 	parent as provided in section 518.72;
35.4 	(8) determine the health care coverage obligation for each
35.5 	parent as provided in section 518.719.  Unreimbursed and
35.6 	uninsured medical expenses are not included in the presumptive
35.7 	amount of support owed by a parent and are calculated and
35.8 	collected as described in section 518.722;
35.9 	(9) determine each parent's total child support obligation
35.10 	by adding together each parent's basic support, child care
35.11 	support, and health care coverage obligations as provided in
35.12 	clauses (1) to (8);
35.13 	(10) reduce or increase each parent's total child support
35.14 	obligation by the amount of the health care coverage
35.15 	contribution paid by or on behalf of the other parent, as
35.16 	provided in section 518.719, subdivision 5;
35.17 	(11) if Social Security benefits or veterans' benefits are
35.18 	received by one parent as a representative payee for a joint
35.19 	child due to the other parent's disability or retirement,
35.20 	subtract the amount of benefits from the other parent's net
35.21 	child support obligation, if any;
35.22 	(12) apply the self-support adjustment and minimum support
35.23 	obligation provisions as provided in section 518.724; and 
35.24 	(13) the final child support order shall separately
35.25 	designate the amount owed for basic support, child care support,
35.26 	and medical support.

35.27 	Sec. 17. [518.714] DEVIATIONS FROM CHILD SUPPORT
35.28 	GUIDELINES.
35.29 		Subdivision 1.General factors. Among other reasons,
35.30 	deviation from the presumptive guideline amount is intended to
35.31 	encourage prompt and regular payments of child support and to
35.32 	prevent either parent or the joint children from living in
35.33 	poverty.  In addition to the child support guidelines, the court
35.34 	must take into consideration the following factors in setting or
35.35 	modifying child support or in determining whether to deviate
35.36 	upward or downward from the guidelines:
36.1 	(1) all earnings, income, circumstances, and resources of
36.2 	each parent, including real and personal property, but excluding
36.3 	income from excess employment of the obligor or obligee that
36.4 	meets the criteria of section 518.7123, paragraph (b), clause
36.5 	(2);
36.6 	(2) the extraordinary financial needs and resources,
36.7 	physical and emotional condition, and educational needs of the
36.8 	child to be supported;
36.9 	(3) the standard of living the child would enjoy if the
36.10 	parents were currently living together, but recognizing that the
36.11 	parents now have separate households;
36.12 	(4) which parent receives the income taxation dependency
36.13 	exemption and the financial benefit the parent receives from it;
36.14 	(5) the parents' debts as provided in subdivision 2; and 
36.15 	(6) the obligor's total payments for court-ordered child
36.16 	support exceed the limitations set forth in section 571.922.
36.17 		Subd. 2.Debt owed to private creditors. (a) In
36.18 	establishing or modifying a support obligation, the court may
36.19 	consider debts owed to private creditors, but only if:
36.20 	(1) the right to support has not been assigned under
36.21 	section 256.741;
36.22 	(2) the court determines that the debt was reasonably
36.23 	incurred for necessary support of the child or parent or for the
36.24 	necessary generation of income.  If the debt was incurred for
36.25 	the necessary generation of income, the court may consider only
36.26 	the amount of debt that is essential to the continuing
36.27 	generation of income; and 
36.28 	(3) the party requesting a departure produces a sworn
36.29 	schedule of the debts, with supporting documentation, showing
36.30 	goods or services purchased, the recipient of them, the original
36.31 	debt amount, the outstanding balance, the monthly payment, and
36.32 	the number of months until the debt will be fully paid.
36.33 	(b) A schedule prepared under paragraph (a), clause (3),
36.34 	must contain a statement that the debt will be fully paid after
36.35 	the number of months shown in the schedule, barring emergencies
36.36 	beyond the party's control.
37.1 	(c) Any further departure below the guidelines that is
37.2 	based on a consideration of debts owed to private creditors must
37.3 	not exceed 18 months in duration.  After 18 months the support
37.4 	must increase automatically to the level ordered by the court.
37.5 	This section does not prohibit one or more step increases in
37.6 	support to reflect debt retirement during the 18-month period.
37.7 	(d) If payment of debt is ordered pursuant to this section,
37.8 	the payment must be ordered to be in the nature of child support.
37.9 		Subd. 3.Evidence. The court may receive evidence on the
37.10 	factors in this section to determine if the guidelines should be
37.11 	exceeded or modified in a particular case.
37.12 		Subd. 4.Payments assigned to public authority. If the
37.13 	child support payments are assigned to the public authority
37.14 	under section 256.741, the court may not deviate downward from
37.15 	the child support guidelines unless the court specifically finds
37.16 	that the failure to deviate downward would impose an extreme
37.17 	hardship on the obligor.
37.18 		Subd. 5.Joint legal custody. An award of joint legal
37.19 	custody is not a reason for deviation from the guidelines.
37.20 		Subd. 6.Self-support limitation. If, after payment of
37.21 	income and payroll taxes, the obligor can establish that they do
37.22 	not have enough for the self-support reserve, a downward
37.23 	deviation may be allowed.

37.24 	Sec. 18. [518.715] WRITTEN FINDINGS.
37.25 		Subdivision 1.No deviation. If the court does not
37.26 	deviate from the guidelines, the court must make written
37.27 	findings concerning the amount of the parties' gross income used
37.28 	as the basis for the guidelines calculation and any other
37.29 	significant evidentiary factors affecting the child support
37.30 	determination.
37.31 		Subd. 2.Deviation. (a) If the court deviates from the
37.32 	guidelines by agreement of the parties or pursuant to section
37.33 	518.714, the court must make written findings giving the amount
37.34 	of support calculated under the guidelines, the reasons for the
37.35 	deviation, and must specifically address how the deviation
37.36 	serves the best interests of the child; and 
38.1 	(b) determine each parent's gross income and PICS.
38.2 		Subd. 3.Written findings required in every case. The
38.3 	provisions of this section apply whether or not the parties are
38.4 	each represented by independent counsel and have entered into a
38.5 	written agreement.  The court must review stipulations presented
38.6 	to it for conformity to the guidelines.  The court is not
38.7 	required to conduct a hearing, but the parties must provide
38.8 	sufficient documentation to verify the child support
38.9 	determination, and justify any deviation from the guidelines.

38.10 	Sec. 19. [518.716] GUIDELINES REVIEW.
38.11 	No later than 2006 and every four years after that, the
38.12 	Department of Human Services must conduct a review of the child
38.13 	support guidelines.

38.14 	Sec. 20. [518.717] NONJOINT CHILDREN.
38.15 	(a) When either or both parents of the joint child subject
38.16 	to this determination are legally responsible for a nonjoint
38.17 	child who resides in that parent's household, a credit for this
38.18 	obligation shall be calculated under this section.
38.19 	(b) Determine the gross income for each parent under
38.20 	section 518.54, subdivision 18.
38.21 	(c) Using the guideline as established in section 518.725,
38.22 	determine the basic child support obligation for the nonjoint
38.23 	child or children who actually reside in the parent's household,
38.24 	by using the gross income of the parent for whom the credit is
38.25 	being calculated, and using the number of nonjoint children
38.26 	actually in the parent's immediate household.  If the number of
38.27 	nonjoint children to be used for the determination is greater
38.28 	than two, the determination shall be made using the number two
38.29 	instead of the greater number.
38.30 	(d) The credit for nonjoint children shall be 50 percent of
38.31 	the guideline amount from paragraph (c).

38.32 	Sec. 21. [518.718] SOCIAL SECURITY OR VETERANS' BENEFIT
38.33 	PAYMENTS RECEIVED ON BEHALF OF THE CHILD.
38.34 	(a) The amount of the monthly Social Security benefits or
38.35 	apportioned veterans' benefits received by the child or on
38.36 	behalf of the child shall be added to the gross income of the
39.1 	parent for whom the disability or retirement benefit was paid.
39.2 	(b) The amount of the monthly survivors' and dependents'
39.3 	educational assistance received by the child or on behalf of the
39.4 	child shall be added to the gross income of the parent for whom
39.5 	the disability or retirement benefit was paid.
39.6 	(c) If the Social Security or apportioned veterans'
39.7 	benefits are paid on behalf of the obligor, and are received by
39.8 	the obligee as a representative payee for the child or by the
39.9 	child attending school, then the amount of the benefits may also
39.10 	be subtracted from the obligor's net child support obligation as
39.11 	calculated pursuant to section 518.713.
39.12 	(d) If the survivors' and dependents' educational
39.13 	assistance is paid on behalf of the obligor, and is received by
39.14 	the obligee as a representative payee for the child or by the
39.15 	child attending school, then the amount of the assistance shall
39.16 	also be subtracted from the obligor's net child support
39.17 	obligation as calculated pursuant to section 518.713.

39.18 	Sec. 22. [518.719] MEDICAL SUPPORT.
39.19 		Subdivision 1.Definitions. The definitions in this
39.20 	subdivision apply to sections 518.54 to 518.773.
39.21 	(a) "Health care coverage" means health care benefits that
39.22 	are provided by a health plan.  Health care coverage does not
39.23 	include any form of medical assistance under chapter 256B or
39.24 	MinnesotaCare under chapter 256L.
39.25 	(b) "Health carrier" means a carrier as defined in sections
39.26 	62A.011, subdivision 2, and 62L.02, subdivision 16.
39.27 	(c) "Health plan" means a plan meeting the definition under
39.28 	section 62A.011, subdivision 3, a group health plan governed
39.29 	under the federal Employee Retirement Income Security Act of
39.30 	1974 (ERISA), a self-insured plan under sections 43A.23 to
39.31 	43A.317 and 471.617, or a policy, contract, or certificate
39.32 	issued by a community-integrated service network licensed under
39.33 	chapter 62N.  Health plan includes plans:
39.34 	(1) provided on an individual and group basis;
39.35 	(2) provided by an employer or union;
39.36 	(3) purchased in the private market; and 
40.1 	(4) available to a person eligible to carry insurance for
40.2 	the joint child.
40.3 	Health plan includes a plan providing for dependent-only dental
40.4 	or vision coverage and a plan provided through a party's spouse
40.5 	or parent.
40.6 	(d) "Medical support" means providing health care coverage
40.7 	for a joint child by carrying health care coverage for the joint
40.8 	child or by contributing to the cost of health care coverage,
40.9 	public coverage, unreimbursed medical expenses, and uninsured
40.10 	medical expenses of the joint child.
40.11 	(e) "National medical support notice" means an
40.12 	administrative notice issued by the public authority to enforce
40.13 	health insurance provisions of a support order in accordance
40.14 	with Code of Federal Regulations, title 45, section 303.32, in
40.15 	cases where the public authority provides support enforcement
40.16 	services.
40.17 	(f) "Public coverage" means health care benefits provided
40.18 	by any form of medical assistance under chapter 256B or
40.19 	MinnesotaCare under chapter 256L.
40.20 	(g) "Uninsured medical expenses" means a joint child's
40.21 	reasonable and necessary health-related expenses if the joint
40.22 	child is not covered by a health plan or public coverage when
40.23 	the expenses are incurred.
40.24 	(h) "Unreimbursed medical expenses" means a joint child's
40.25 	reasonable and necessary health-related expenses if a joint
40.26 	child is covered by a health plan or public coverage and the
40.27 	plan or coverage does not pay for the total cost of the expenses
40.28 	when the expenses are incurred.  Unreimbursed medical expenses
40.29 	do not include the cost of premiums.  Unreimbursed medical
40.30 	expenses include, but are not limited to, deductibles,
40.31 	co-payments, and expenses for orthodontia, and prescription
40.32 	eyeglasses and contact lenses, but not over-the-counter
40.33 	medications if coverage is under a health plan.
40.34 		Subd. 2.Order. (a) A completed national medical support
40.35 	notice issued by the public authority or a court order that
40.36 	complies with this section is a qualified medical child support
41.1 	order under the federal Employee Retirement Income Security Act
41.2 	of 1974 (ERISA), United States Code, title 29, section 1169(a).
41.3 	(b) Every order addressing child support must state:
41.4 	(1) the names, last known addresses, and Social Security
41.5 	numbers of the parents and the joint child that is a subject of
41.6 	the order unless the court prohibits the inclusion of an address
41.7 	or Social Security number and orders the parents to provide the
41.8 	address and Social Security number to the administrator of the
41.9 	health plan;
41.10 	(2) whether appropriate health care coverage for the joint
41.11 	child is available and, if so, state:
41.12 	(i) which party must carry health care coverage;
41.13 	(ii) the cost of premiums and how the cost is allocated
41.14 	between the parties;
41.15 	(iii) how unreimbursed expenses will be allocated and
41.16 	collected by the parties; and 
41.17 	(iv) the circumstances, if any, under which the obligation
41.18 	to provide health care coverage for the joint child will shift
41.19 	from one party to the other;
41.20 	(3) if appropriate health care coverage is not available
41.21 	for the joint child, whether a contribution for medical support
41.22 	is required; and 
41.23 	(4) whether the amount ordered for medical support is
41.24 	subject to a cost-of-living adjustment under section 518.641.
41.25 		Subd. 3.Determining appropriate health care
41.26 	coverage. (a) In determining whether a party has appropriate
41.27 	health care coverage for the joint child, the court must
41.28 	evaluate the health plan using the following factors:
41.29 	(1) accessible coverage.  Dependent health care coverage is
41.30 	accessible if the covered joint child can obtain services from a
41.31 	health plan provider with reasonable effort by the parent with
41.32 	whom the joint child resides.  Health care coverage is presumed
41.33 	accessible if:
41.34 	(i) primary care coverage is available within 30 minutes or
41.35 	30 miles of the joint child's residence and specialty care
41.36 	coverage is available within 60 minutes or 60 miles of the joint
42.1 	child's residence;
42.2 	(ii) the coverage is available through an employer and the
42.3 	employee can be expected to remain employed for a reasonable
42.4 	amount of time; and 
42.5 	(iii) no preexisting conditions exist to delay coverage
42.6 	unduly;
42.7 	(2) comprehensive coverage.  Dependent health care coverage
42.8 	is comprehensive if it includes, at a minimum, medical and
42.9 	hospital coverage and provides for preventive, emergency, acute,
42.10 	and chronic care.  If both parties have health care coverage
42.11 	that meets the minimum requirements, the court must determine
42.12 	which health care coverage is more comprehensive by considering
42.13 	whether the coverage includes:
42.14 	(i) basic dental coverage;
42.15 	(ii) orthodontia;
42.16 	(iii) eyeglasses;
42.17 	(iv) contact lenses;
42.18 	(v) mental health services; or 
42.19 	(vi) substance abuse treatment;
42.20 	(3) affordable coverage.  Dependent health care coverage is
42.21 	affordable if it is reasonable in cost; and 
42.22 	(4) the joint child's special medical needs, if any.
42.23 	(b) If both parties have health care coverage available for
42.24 	a joint child, and the court determines under paragraph (a),
42.25 	clauses (1) and (2), that the available coverage is comparable
42.26 	with regard to accessibility and comprehensiveness, the least
42.27 	costly health care coverage is the presumed appropriate health
42.28 	care coverage for the joint child.
42.29 		Subd. 4.Ordering health care coverage. (a) If a joint
42.30 	child is presently enrolled in health care coverage, the court
42.31 	must order that the parent who currently has the joint child
42.32 	enrolled continue that enrollment unless the parties agree
42.33 	otherwise or a party requests a change in coverage and the court
42.34 	determines that other health care coverage is more appropriate.
42.35 	(b) If a joint child is not presently enrolled in health
42.36 	care coverage, upon motion of a party or the public authority,
43.1 	the court must determine whether one or both parties have
43.2 	appropriate health care coverage for the joint child and order
43.3 	the party with appropriate health care coverage available to
43.4 	carry the coverage for the joint child.
43.5 	(c) If only one party has appropriate health care coverage
43.6 	available, the court must order that party to carry the coverage
43.7 	for the joint child.
43.8 	(d) If both parties have appropriate health care coverage
43.9 	available, the court must order the parent with whom the joint
43.10 	child resides to carry the coverage for the joint child, unless:
43.11 	(1) either party expresses a preference for coverage
43.12 	available through the parent with whom the joint child does not
43.13 	reside;
43.14 	(2) the parent with whom the joint child does not reside is
43.15 	already carrying dependent health care coverage for other
43.16 	children and the cost of contributing to the premiums of the
43.17 	other parent's coverage would cause the parent with whom the
43.18 	joint child does not reside extreme hardship; or 
43.19 	(3) the parents agree to provide coverage and agree on the
43.20 	allocation of costs.
43.21 	(e) If the exception in paragraph (d), clause (1) or (2),
43.22 	applies, the court must determine which party has the most
43.23 	appropriate coverage available and order that party to carry
43.24 	coverage for the joint child.  If the court determines under
43.25 	subdivision 3, paragraph (a), clauses (1) and (2), that the
43.26 	parties' health care coverage for the joint child is comparable
43.27 	with regard to accessibility and comprehensiveness, the court
43.28 	must presume that the party with the least costly health care
43.29 	coverage to carry coverage for the joint child.
43.30 	(f) If neither party has appropriate health care coverage
43.31 	available, the court must order the parents to:
43.32 	(1) contribute toward the actual health care costs of the
43.33 	joint children based on a pro rata share; or 
43.34 	(2) if the joint child is receiving any form of medical
43.35 	assistance under chapter 256B or MinnesotaCare under chapter
43.36 	256L, the parent with whom the joint child does not reside shall
44.1 	contribute a monthly amount toward the actual cost of medical
44.2 	assistance under chapter 256B or MinnesotaCare under chapter
44.3 	256L.  The amount of contribution of the noncustodial parent is
44.4 	the amount the noncustodial parent would pay for the child's
44.5 	premiums if the noncustodial parent's income meets the
44.6 	eligibility requirements for public coverage.  For purposes of
44.7 	determining the premium amount, the noncustodial parent's
44.8 	household size is equal to one parent plus the child or children
44.9 	who are the subject of the child support order.  If the
44.10 	noncustodial parent's income exceeds the eligibility
44.11 	requirements for public coverage, the court must order the
44.12 	noncustodial parent's contribution toward the full premium cost
44.13 	of the child's or children's coverage.  The custodial parent's
44.14 	obligation is determined under the requirements for public
44.15 	coverage as set forth in chapter 256B or 256L.  The court may
44.16 	order the parent with whom the child resides to apply for public
44.17 	coverage for the child.
44.18 	(g) A presumption of no less than $50 per month must be
44.19 	applied to the actual health care costs of the joint children or
44.20 	to the cost of health care coverage.
44.21 	(h) The commissioner of human services must publish a table
44.22 	with the premium schedule for public coverage and update the
44.23 	chart for changes to the schedule by July 1 of each year.
44.24 		Subd. 5.Medical support costs; unreimbursed and
44.25 	uninsured medical expenses. (a) Unless otherwise agreed to by
44.26 	the parties and approved by the court, the court must order that
44.27 	the cost of health care coverage and all unreimbursed and
44.28 	uninsured medical expenses under the health plan be divided
44.29 	between the obligor and obligee based on their proportionate
44.30 	share of the parties' combined monthly PICS.
44.31 	(b) If a party owes a joint child support obligation for a
44.32 	child and is ordered to carry health care coverage for the joint
44.33 	child, and the other party is ordered to contribute to the
44.34 	carrying party's cost for coverage, the carrying party's child
44.35 	support payment must be reduced by the amount of the
44.36 	contributing party's contribution.
45.1 	(c) If a party owes a joint child support obligation for a
45.2 	child and is ordered to contribute to the other party's cost for
45.3 	carrying health care coverage for the joint child, the
45.4 	contributing party's child support payment must be increased by
45.5 	the amount of the contribution.
45.6 	(d) If the party ordered to carry health care coverage for
45.7 	the joint child already carries dependent health care coverage
45.8 	for other dependents and would incur no additional premium costs
45.9 	to add the joint child to the existing coverage, the court must
45.10 	not order the other party to contribute to the premium costs for
45.11 	coverage of the joint child.
45.12 	(e) If a party ordered to carry health care coverage for
45.13 	the joint child does not already carry dependent health care
45.14 	coverage but has other dependents who may be added to the
45.15 	ordered coverage, the full premium costs of the dependent health
45.16 	care coverage must be allocated between the parties in
45.17 	proportion to the party's share of the parties' combined PICS,
45.18 	unless the parties agree otherwise.
45.19 	(f) If a party ordered to carry health care coverage for
45.20 	the joint child is required to enroll in a health plan so that
45.21 	the joint child can be enrolled in dependent health care
45.22 	coverage under the plan, the court must allocate the costs of
45.23 	the dependent health care coverage between the parties.  The
45.24 	costs of the health care coverage for the party ordered to carry
45.25 	the coverage for the joint child must not be allocated between
45.26 	the parties.
45.27 	Subd. 6.[NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER,
45.28 	UNION, OR HEALTH CARRIER.] (a) The public authority must forward
45.29 	a copy of the national medical support notice or court order for
45.30 	health care coverage to the party's employer within two business
45.31 	days after the date the party is entered into the work reporting
45.32 	system under section 256.998.
45.33 	(b) The public authority or a party seeking to enforce an
45.34 	order for health care coverage must forward a copy of the
45.35 	national medical support notice or court order to the obligor's
45.36 	employer or union, or to the health carrier under the following
46.1 	circumstances:
46.2 	(1) the party ordered to carry health care coverage for the
46.3 	joint child fails to provide written proof to the other party or
46.4 	the public authority, within 30 days of the effective date of
46.5 	the court order, that the party has applied for health care
46.6 	coverage for the joint child;
46.7 	(2) the party seeking to enforce the order or the public
46.8 	authority gives written notice to the party ordered to carry
46.9 	health care coverage for the joint child of its intent to
46.10 	enforce medical support.  The party seeking to enforce the order
46.11 	or public authority must mail the written notice to the last
46.12 	known address of the party ordered to carry health care coverage
46.13 	for the joint child; and 
46.14 	(3) the party ordered to carry health care coverage for the
46.15 	joint child fails, within 15 days after the date on which the
46.16 	written notice under clause (2) was mailed, to provide written
46.17 	proof to the other party or the public authority that the party
46.18 	has applied for health care coverage for the joint child.
46.19 	(c) The public authority is not required to forward a copy
46.20 	of the national medical support notice or court order to the
46.21 	obligor's employer or union, or to the health carrier, if the
46.22 	court orders health care coverage for the joint child that is
46.23 	not employer-based or union-based coverage.
46.24 		Subd. 7.Employer or union requirements. (a) An employer
46.25 	or union must forward the national medical support notice or
46.26 	court order to its health plan within 20 business days after the
46.27 	date on the national medical support notice or after receipt of
46.28 	the court order.
46.29 	(b) Upon determination by an employer's or union's health
46.30 	plan administrator that a joint child is eligible to be covered
46.31 	under the health plan, the employer or union and health plan
46.32 	must enroll the joint child as a beneficiary in the health plan,
46.33 	and the employer must withhold any required premiums from the
46.34 	income or wages of the party ordered to carry health care
46.35 	coverage for the joint child.
46.36 	(c) If enrollment of the party ordered to carry health care
47.1 	coverage for a joint child is necessary to obtain dependent
47.2 	health care coverage under the plan, and the party is not
47.3 	enrolled in the health plan, the employer or union must enroll
47.4 	the party in the plan.
47.5 	(d) Enrollment of dependents and, if necessary, the party
47.6 	ordered to carry health care coverage for the joint child must
47.7 	be immediate and not dependent upon open enrollment periods.
47.8 	Enrollment is not subject to the underwriting policies under
47.9 	section 62A.048.
47.10 	(e) Failure of the party ordered to carry health care
47.11 	coverage for the joint child to execute any documents necessary
47.12 	to enroll the dependent in the health plan does not affect the
47.13 	obligation of the employer or union and health plan to enroll
47.14 	the dependent in a plan.  Information and authorization provided
47.15 	by the public authority, or by a party or guardian, is valid for
47.16 	the purposes of meeting enrollment requirements of the health
47.17 	plan.
47.18 	(f) An employer or union that is included under the federal
47.19 	Employee Retirement Income Security Act of 1974 (ERISA), United
47.20 	States Code, title 29, section 1169(a), may not deny enrollment
47.21 	to the joint child or to the parent if necessary to enroll the
47.22 	joint child based on exclusionary clauses described in section
47.23 	62A.048.
47.24 	(g) A new employer or union of a party who is ordered to
47.25 	provide health care coverage for a joint child must enroll the
47.26 	joint child in the party's health plan as required by a national
47.27 	medical support notice or court order.
47.28 		Subd. 8.Health plan requirements. (a) If a health plan
47.29 	administrator receives a completed national medical support
47.30 	notice or court order, the plan administrator must notify the
47.31 	parties, and the public authority if the public authority
47.32 	provides support enforcement services, within 40 business days
47.33 	after the date of the notice or after receipt of the court
47.34 	order, of the following:
47.35 	(1) whether coverage is available to the joint child under
47.36 	the terms of the health plan and, if not, the reason why
48.1 	coverage is not available;
48.2 	(2) whether the joint child is covered under the health
48.3 	plan;
48.4 	(3) the effective date of the joint child's coverage under
48.5 	the health plan; and 
48.6 	(4) what steps, if any, are required to effectuate the
48.7 	joint child's coverage under the health plan.
48.8 	(b) If the employer or union offers more than one plan and
48.9 	the national medical support notice or court order does not
48.10 	specify the plan to be carried, the plan administrator must
48.11 	notify the parents and the public authority if the public
48.12 	authority provides support enforcement services.  When there is
48.13 	more than one option available under the plan, the public
48.14 	authority, in consultation with the parent with whom the joint
48.15 	child resides, must promptly select from available plan options.
48.16 	(c) The plan administrator must provide the parents and
48.17 	public authority, if the public authority provides support
48.18 	enforcement services, with a notice of the joint child's
48.19 	enrollment, description of the coverage, and any documents
48.20 	necessary to effectuate coverage.
48.21 	(d) The health plan must send copies of all correspondence
48.22 	regarding the health care coverage to the parents.
48.23 	(e) An insured joint child's parent's signature is a valid
48.24 	authorization to a health plan for purposes of processing an
48.25 	insurance reimbursement payment to the medical services provider
48.26 	or to the parent, if medical services have been prepaid by that
48.27 	parent.
48.28 		Subd. 9.Employer or union liability. (a) An employer or
48.29 	union that willfully fails to comply with the order or notice is
48.30 	liable for any uninsured medical expenses incurred by the
48.31 	dependents while the dependents were eligible to be enrolled in
48.32 	the health plan and for any other premium costs incurred because
48.33 	the employer or union willfully failed to comply with the order
48.34 	or notice.
48.35 	(b) An employer or union that fails to comply with the
48.36 	order or notice is subject to a contempt finding, a $250 civil
49.1 	penalty under section 518.615, and is subject to a civil penalty
49.2 	of $500 to be paid to the party entitled to reimbursement or the
49.3 	public authority.  Penalties paid to the public authority are
49.4 	designated for child support enforcement services.
49.5 		Subd. 10.Contesting enrollment. (a) A party may contest
49.6 	a joint child's enrollment in a health plan on the limited
49.7 	grounds that the enrollment is improper due to mistake of fact
49.8 	or that the enrollment meets the requirements of section 518.145.
49.9 	(b) If the party chooses to contest the enrollment, the
49.10 	party must do so no later than 15 days after the employer
49.11 	notifies the party of the enrollment by doing the following:
49.12 	(1) filing a motion in district court or according to
49.13 	section 484.702 and the expedited child support process rules if
49.14 	the public authority provides support enforcement services;
49.15 	(2) serving the motion on the other party and public
49.16 	authority if the public authority provides support enforcement
49.17 	services; and 
49.18 	(3) securing a date for the matter to be heard no later
49.19 	than 45 days after the notice of enrollment.
49.20 	(c) The enrollment must remain in place while the party
49.21 	contests the enrollment.
49.22 		Subd. 11.Disenrollment; continuation of coverage;
49.23 	coverage options. (a) Unless a court order provides otherwise,
49.24 	a child for whom a party is required to provide health care
49.25 	coverage under this section must be covered as a dependent of
49.26 	the party until the child is emancipated, until further order of
49.27 	the court, or as consistent with the terms of the coverage.
49.28 	(b) The health carrier, employer, or union may not
49.29 	disenroll or eliminate coverage for the child unless:
49.30 	(1) the health carrier, employer, or union is provided
49.31 	satisfactory written evidence that the court order is no longer
49.32 	in effect;
49.33 	(2) the joint child is or will be enrolled in comparable
49.34 	health care coverage through another health plan that will take
49.35 	effect no later than the effective date of the disenrollment;
49.36 	(3) the employee is no longer eligible for dependent
50.1 	coverage; or 
50.2 	(4) the required premium has not been paid by or on behalf
50.3 	of the joint child.
50.4 	(c) The health plan must provide 30 days' written notice to
50.5 	the joint child's parents, and the public authority if the
50.6 	public authority provides support enforcement services, before
50.7 	the health plan disenrolls or eliminates the joint child's
50.8 	coverage.
50.9 	(d) A joint child enrolled in health care coverage under a
50.10 	qualified medical child support order, including a national
50.11 	medical support notice, under this section is a dependent and a
50.12 	qualified beneficiary under the Consolidated Omnibus Budget and
50.13 	Reconciliation Act of 1985 (COBRA), Public Law 99-272.  Upon
50.14 	expiration of the order, the joint child is entitled to the
50.15 	opportunity to elect continued coverage that is available under
50.16 	the health plan.  The employer or union must provide notice to
50.17 	the parties and the public authority, if it provides support
50.18 	services, within ten days of the termination date.
50.19 	(e) If the public authority provides support enforcement
50.20 	services and a plan administrator reports to the public
50.21 	authority that there is more than one coverage option available
50.22 	under the health plan, the public authority, in consultation
50.23 	with the parent with whom the joint child resides, must promptly
50.24 	select coverage from the available options.
50.25 		Subd. 12.Spousal or former spousal coverage. The court
50.26 	must require the parent with whom the joint child does not
50.27 	reside to provide dependent health care coverage for the benefit
50.28 	of the parent with whom the joint child resides if the parent is
50.29 	ordered to provide dependent health care coverage for the
50.30 	parties' joint child and adding the other parent to the coverage
50.31 	results in no additional premium cost.
50.32 		Subd. 13.Disclosure of information. (a) If the public
50.33 	authority provides support enforcement services, the parties
50.34 	must provide the public authority with the following information:
50.35 	(1) information relating to dependent health care coverage
50.36 	or public coverage available for the benefit of the joint child
51.1 	for whom support is sought, including all information required
51.2 	to be included in a medical support order under this section;
51.3 	(2) verification that application for court-ordered health
51.4 	care coverage was made within 30 days of the court's order; and 
51.5 	(3) the reason that a joint child is not enrolled in
51.6 	court-ordered health care coverage, if a joint child is not
51.7 	enrolled in coverage or subsequently loses coverage.
51.8 	(b) Upon request from the public authority under section
51.9 	256.978, an employer, union, or plan administrator, including an
51.10 	employer subject to the federal Employee Retirement Income
51.11 	Security Act of 1974 (ERISA), United States Code, title 29,
51.12 	section 1169(a), must provide the public authority the following
51.13 	information:
51.14 	(1) information relating to dependent health care coverage
51.15 	available to a party for the benefit of the joint child for whom
51.16 	support is sought, including all information required to be
51.17 	included in a medical support order under this section; and 
51.18 	(2) information that will enable the public authority to
51.19 	determine whether a health plan is appropriate for a joint
51.20 	child, including, but not limited to, all available plan
51.21 	options, any geographic service restrictions, and the location
51.22 	of service providers.
51.23 	(c) The employer, union, or plan administrator must not
51.24 	release information regarding one party to the other party.  The
51.25 	employer, union, or plan administrator must provide both parties
51.26 	with insurance identification cards and all necessary written
51.27 	information to enable the parties to utilize the insurance
51.28 	benefits for the covered dependent.
51.29 	(d) The public authority is authorized to release to a
51.30 	party's employer, union, or health plan information necessary to
51.31 	verify availability of dependent health care coverage, or to
51.32 	establish, modify, or enforce medical support.
51.33 	(e) An employee must disclose to an employer if medical
51.34 	support is required to be withheld under this section and the
51.35 	employer must begin withholding according to the terms of the
51.36 	order and under section 518.6111.  If an employee discloses an
52.1 	obligation to obtain health care coverage and coverage is
52.2 	available through the employer, the employer must make all
52.3 	application processes known to the individual and enroll the
52.4 	employee and dependent in the plan.
52.5 		Subd. 14.Child support enforcement services. The public
52.6 	authority must take necessary steps to establish and enforce an
52.7 	order for medical support if the joint child receives public
52.8 	assistance or a party completes an application for services from
52.9 	the public authority under section 518.551, subdivision 7.
52.10 		Subd. 15.Enforcement. (a) Remedies available for
52.11 	collecting and enforcing child support apply to medical support.
52.12 	(b) For the purpose of enforcement, the following are
52.13 	additional support:
52.14 	(1) the costs of individual or group health or
52.15 	hospitalization coverage;
52.16 	(2) dental coverage;
52.17 	(3) medical costs ordered by the court to be paid by either
52.18 	party, including health and dental insurance premiums paid by
52.19 	the obligee because of the obligor's failure to obtain coverage
52.20 	as ordered; and 
52.21 	(4) liabilities established under this subdivision.
52.22 	(c) A party who fails to carry court-ordered dependent
52.23 	health care coverage is liable for the joint child's uninsured
52.24 	medical expenses unless a court order provides otherwise.  A
52.25 	party's failure to carry court-ordered coverage, or to provide
52.26 	other medical support as ordered, is a basis for modification of
52.27 	a support order under section 518.64, subdivision 2.
52.28 	(d) Payments by the health carrier or employer for services
52.29 	rendered to the dependents that are directed to a party not owed
52.30 	reimbursement must be endorsed over to and forwarded to the
52.31 	vendor or appropriate party or the public authority.  A party
52.32 	retaining insurance reimbursement not owed to the party is
52.33 	liable for the amount of the reimbursement.
52.34 		Subd. 16.Income withholding; offset. (a) If a party
52.35 	owes no joint child support obligation for a child and is an
52.36 	obligor ordered to contribute to the other party's cost for
53.1 	carrying health care coverage for the joint child, the obligor
53.2 	is subject to an offset under subdivision 5 or income
53.3 	withholding under section 518.6111.
53.4 	(b) If a party's court-ordered health care coverage for the
53.5 	joint child terminates and the joint child is not enrolled in
53.6 	other health care coverage or public coverage, and a
53.7 	modification motion is not pending, the public authority may
53.8 	remove the offset to a party's child support obligation or
53.9 	terminate income withholding instituted against a party under
53.10 	section 518.6111.  The public authority must provide notice to
53.11 	the parties of the action.
53.12 	(c) A party may contest the public authority's action to
53.13 	remove the offset to the child support obligation or terminate
53.14 	income withholding if the party makes a written request for a
53.15 	hearing within 30 days after receiving written notice.  If a
53.16 	party makes a timely request for a hearing, the public authority
53.17 	must schedule a hearing and send written notice of the hearing
53.18 	to the parties by mail to the parties' last known addresses at
53.19 	least 14 days before the hearing.  The hearing must be conducted
53.20 	in district court or in the expedited child support process if
53.21 	section 484.702 applies.  The district court or child support
53.22 	magistrate must determine whether removing the offset or
53.23 	terminating income withholding is appropriate and, if
53.24 	appropriate, the effective date for the removal or termination.
53.25 	(d) If the party does not request a hearing, the district
53.26 	court or child support magistrate must order the offset or
53.27 	income withholding termination effective the first day of the
53.28 	month following termination of the joint child's health care
53.29 	coverage.
53.30 		Subd. 17.Collecting unreimbursed and uninsured medical
53.31 	expenses. (a) A party must initiate a request for reimbursement
53.32 	of unreimbursed and uninsured medical expenses within two years
53.33 	of the date that the party incurred the unreimbursed or
53.34 	uninsured medical expenses.  The time period in this paragraph
53.35 	does not apply if the location of the other party is unknown.
53.36 	(b) A party seeking reimbursement of unreimbursed and
54.1 	uninsured medical expenses must mail a written notice of intent
54.2 	to collect the expenses and a copy of an affidavit of health
54.3 	care expenses to the other party at the other party's last known
54.4 	address.
54.5 	(c) The written notice must include a statement that the
54.6 	party has 30 days from the date the notice was mailed to (1) pay
54.7 	in full; (2) enter a payment agreement; or (3) file a motion
54.8 	requesting a hearing contesting the matter.  If the public
54.9 	authority provides support enforcement services, the written
54.10 	notice also must include a statement that the requesting party
54.11 	must submit the amount due to the public authority for
54.12 	collection.
54.13 	(d) The affidavit of health care expenses must itemize and
54.14 	document the joint child's unreimbursed or uninsured medical
54.15 	expenses and include copies of all bills, receipts, and
54.16 	insurance company explanations of benefits.
54.17 	(e) If the public authority provides support enforcement
54.18 	services, the party seeking reimbursement must send to the
54.19 	public authority a copy of the written notice, the original
54.20 	affidavit, and copies of all bills, receipts, and insurance
54.21 	company explanations of benefits.
54.22 	(f) If the party does not respond to the request for
54.23 	reimbursement within 30 days, the party seeking reimbursement or
54.24 	public authority, if the public authority provides support
54.25 	enforcement services, must commence an enforcement action
54.26 	against the party under subdivision 18.
54.27 	(g) The public authority must serve the other party with a
54.28 	notice of intent to enforce unreimbursed and uninsured medical
54.29 	expenses and file an affidavit of service by mail with the
54.30 	district court administrator.  The notice must state that,
54.31 	unless the party (1) pays in full; (2) enters into a payment
54.32 	agreement; or (3) files a motion contesting the matter within 14
54.33 	days of service of the notice, the public authority will
54.34 	commence enforcement of the expenses as medical support arrears
54.35 	under subdivision 18.
54.36 	(h) If the party files a timely motion for a hearing
55.1 	contesting the requested reimbursement, the contesting party
55.2 	must schedule a hearing in district court or in the expedited
55.3 	child support process if section 484.702 applies.  The
55.4 	contesting party must provide the party seeking reimbursement
55.5 	and the public authority, if the public authority provides
55.6 	support enforcement services, with written notice of the hearing
55.7 	at least 14 days before the hearing by mailing notice of the
55.8 	hearing to the public authority and the party at the party's
55.9 	last known address.  The party seeking reimbursement must file
55.10 	the original affidavit of health care expenses with the court at
55.11 	least five days before the hearing.  Based upon the evidence
55.12 	presented, the district court or child support magistrate must
55.13 	determine liability for the expenses and order that the liable
55.14 	party is subject to enforcement of the expenses as medical
55.15 	support arrears under subdivision 18.
55.16 		Subd. 18.Enforcing an order for medical support
55.17 	arrears. (a) If a party liable for unreimbursed and uninsured
55.18 	medical expenses owes a child support obligation to the party
55.19 	seeking reimbursement of the expenses, the expenses must be
55.20 	collected as medical support arrears.
55.21 	(b) If a party liable for unreimbursed and uninsured
55.22 	medical expenses does not owe a child support obligation to the
55.23 	party seeking reimbursement, and the party seeking reimbursement
55.24 	owes the liable party basic support arrears, the liable party's
55.25 	medical support arrears must be deducted from the amount of the
55.26 	basic support arrears.
55.27 	(c) If a liable party owes medical support arrears after
55.28 	deducting the amount owed from the amount of the child support
55.29 	arrears owed by the party seeking reimbursement, it must be
55.30 	collected as follows:
55.31 	(1) if the party seeking reimbursement owes a child support
55.32 	obligation to the liable party, the child support obligation
55.33 	must be reduced by 20 percent until the medical support arrears
55.34 	are satisfied;
55.35 	(2) if the party seeking reimbursement does not owe a child
55.36 	support obligation to the liable party, the liable party's
56.1 	income must be subject to income withholding under section
56.2 	518.6111 for an amount required under section 518.553 until the
56.3 	medical support arrears are satisfied; or 
56.4 	(3) if the party seeking reimbursement does not owe a child
56.5 	support obligation, and income withholding under section
56.6 	518.6111 is not available, payment of the medical support
56.7 	arrears must be required under a payment agreement under section
56.8 	518.553.
56.9 	(d) If a liable party fails to enter into or comply with a
56.10 	payment agreement, the party seeking reimbursement or the public
56.11 	authority, if it provides support enforcement services, may
56.12 	schedule a hearing to have a court order payment.  The party
56.13 	seeking reimbursement or the public authority must provide the
56.14 	liable party with written notice of the hearing at least 14 days
56.15 	before the hearing.

56.16 	Sec. 23. [518.72] CHILD CARE SUPPORT.
56.17 		Subdivision 1.Child care costs. Unless otherwise agreed
56.18 	to by the parties and approved by the court, the court must
56.19 	order that work-related or education-related child care costs of
56.20 	joint children be divided between the obligor and obligee based
56.21 	on their proportionate share of the parties' combined monthly
56.22 	parental income for determining child support.  Child care costs
56.23 	shall be adjusted by the amount of the estimated federal and
56.24 	state child care credit payable on behalf of a joint child.  The
56.25 	Department of Human Services shall develop tables to calculate
56.26 	the applicable credit based upon the custodial parent's parental
56.27 	income for determining child support.
56.28 		Subd. 2.Low-income obligor. (a) If the obligor's
56.29 	parental income for determining child support meets the income
56.30 	eligibility requirements for child care assistance under the
56.31 	basic sliding fee program under chapter 119B, the court must
56.32 	order the obligor to pay the lesser of the following amounts:
56.33 	(1) the amount of the obligor's monthly co-payment for
56.34 	child care assistance under the basic sliding fee schedule
56.35 	established by the commissioner of education under chapter 119B,
56.36 	based on an obligor's monthly parental income for determining
57.1 	child support and the size of the obligor's household provided
57.2 	that the obligee is actually receiving child care assistance
57.3 	under the basic sliding fee program.  For purposes of this
57.4 	subdivision, the obligor's household includes the obligor and
57.5 	the number of joint children for whom child support is being
57.6 	ordered; or 
57.7 	(2) the amount of the obligor's child care obligation under
57.8 	subdivision 1.
57.9 	(b) The commissioner of human services must publish a table
57.10 	with the child care assistance basic sliding fee amounts and
57.11 	update the table for changes to the basic sliding fee schedule
57.12 	by July 1 of each year.
57.13 		Subd. 3.Determining costs. (a) The court must require
57.14 	verification of employment or school attendance and
57.15 	documentation of child care expenses from the obligee and the
57.16 	public authority, if applicable.
57.17 	(b) If child care expenses fluctuate during the year
57.18 	because of the obligee's seasonal employment or school
57.19 	attendance or extended periods of parenting time with the
57.20 	obligor, the court must determine child care expenses based on
57.21 	an average monthly cost.
57.22 	(c) The amount allocated for child care expenses is
57.23 	considered child support but is not subject to a cost-of-living
57.24 	adjustment under section 518.641.
57.25 	(d) The court may allow the parent with whom the joint
57.26 	child does not reside to care for the joint child while the
57.27 	parent with whom the joint child resides is working or attending
57.28 	school, as provided in section 518.175, subdivision 8.  Allowing
57.29 	the parent with whom the joint child does not reside to care for
57.30 	the joint child under section 518.175, subdivision 8, is not a
57.31 	reason to deviate from the guidelines.
57.32 		Subd. 4.Change in child care. (a) When a court order
57.33 	provides for child care expenses and the public authority
57.34 	provides child support enforcement services, the public
57.35 	authority must suspend collecting the amount allocated for child
57.36 	care expenses when:
58.1 	(1) either party informs the public authority that no child
58.2 	care costs are being incurred; and 
58.3 	(2) the public authority verifies the accuracy of the
58.4 	information with the other party.
58.5 	The public authority will resume collecting child care expenses
58.6 	when either party provides information that child care costs
58.7 	have resumed.
58.8 	(b) If the parties provide conflicting information to the
58.9 	public authority regarding whether child care expenses are being
58.10 	incurred, the public authority will continue or resume
58.11 	collecting child care expenses.  Either party, by motion to the
58.12 	court, may challenge the suspension or resumption of the
58.13 	collection of child care expenses.  If the public authority
58.14 	suspends collection activities for the amount allocated for
58.15 	child care expenses, all other provisions of the court order
58.16 	remain in effect.
58.17 	(c) In cases where there is a substantial increase or
58.18 	decrease in child care expenses, the parties may modify the
58.19 	order under section 518.64.

58.20 	Sec. 24. [518.722] PARENTING EXPENSE ADJUSTMENT.
58.21 	(a) This section shall apply when the amount of parenting
58.22 	time granted to an obligor is ten percent or greater.  Every
58.23 	child support order shall specify the total percent of parenting
58.24 	time granted to each parent.
58.25 	(b) The obligor shall be entitled to a parenting expense
58.26 	adjustment calculated as follows:
58.27 	(1) find the adjustment percentage corresponding to the
58.28 	percentage of parenting time allowed to the obligor below:
58.29 	Percentage Range of Adjustment 
58.30 	Parenting Time Percentage 
58.31 	(i) less than 10 percent no adjustment 
58.32 	(ii) 10 percent to 45 percent 12 percent 
58.33 	(iii) 45.1 percent to 50 percent presume parenting 
58.34 	time is equal 
58.35 	(2) multiply the adjustment percentage by the obligor's
58.36 	basic child support obligation to arrive at the parenting
59.1 	expense adjustment.
59.2 	(c) Subtract the parenting expense adjustment from the
59.3 	obligor's basic child support obligation.  The result is the
59.4 	obligor's obligation after parenting expense adjustment.
59.5 	(d) If the parenting time is equal, the expenses for the
59.6 	children are equally shared, and the parental incomes for
59.7 	determining child support of the parents also are equal, no
59.8 	support shall be paid.
59.9 	(e) If the parenting time is equal but the parents'
59.10 	parental incomes for determining child support are not equal,
59.11 	the parent having the greater parental income for determining
59.12 	child support shall be obligated for basic child support,
59.13 	calculated as follows:
59.14 	(1) multiply the combined basic support by 1.5;
59.15 	(2) prorate the basic child support obligation between the
59.16 	parents, subtract the lower amount from the higher amount and
59.17 	divide the balance in half; and 
59.18 	(3) the resulting figure is the obligation after parenting
59.19 	expense adjustment for the parent with the greater adjusted
59.20 	gross income.
59.21 	(f) This parenting expense adjustment reflects the
59.22 	presumption that while exercising parenting time, a parent is
59.23 	responsible for and incurs costs of caring for the child,
59.24 	including, but not limited to, food, transportation, recreation,
59.25 	and household expenses.
59.26 	(g) In the absence of other evidence, there is a rebuttable
59.27 	presumption that each parent has 25 percent of the parenting
59.28 	time for each joint child.

59.29 	Sec. 25. [518.724] ABILITY TO PAY; SELF-SUPPORT
59.30 	ADJUSTMENT.
59.31 	It is a rebuttable presumption that a child support order
59.32 	should not exceed the obligor's ability to pay.  To determine
59.33 	the amount of child support the obligor has the ability to pay,
59.34 	follow the procedure set out in this section:
59.35 	(1) calculate the obligor's income available for support by
59.36 	subtracting a monthly self-support reserve equal to 120 percent
60.1 	of the federal poverty guidelines for one person from the
60.2 	obligor's gross income;
60.3 	(2) compare the obligor's income available for support from
60.4 	clause (1) to the amount of support calculated as per section
60.5 	518.713, clauses (1) to (15).  The amount of child support that
60.6 	is presumed to be correct, as defined in section 518.713, is the
60.7 	lesser of these two amounts;
60.8 	(3) this section does not apply to an incarcerated obligor;
60.9 	(4) if the obligor's child support is reduced under clause
60.10 	(2), then the court must apply the reduction to the child
60.11 	support obligation in the following order:
60.12 	(i) medical support obligation;
60.13 	(ii) child support care obligation; and 
60.14 	(iii) basic support obligation; and 
60.15 	(5) [MINIMUM BASIC SUPPORT AMOUNT.] if the obligor's income
60.16 	available for support is less than the self-support reserve,
60.17 	then the court must order minimum support as follows:
60.18 	(i) for one or two children, the obligor's basic support
60.19 	obligation is $50 per month;
60.20 	(ii) for three or four children, the obligor's basic
60.21 	support obligation is $75 per month; and 
60.22 	(iii) for five or more children, the obligor's basic
60.23 	support obligation is $100 per month.
60.24 	If the court orders the obligor to pay the minimum basic support
60.25 	amount under this paragraph, the obligor is presumed unable to
60.26 	pay child care support and medical support.
60.27 	If the court finds the obligor receives no income and completely
60.28 	lacks the ability to earn income, the minimum basic support
60.29 	amount under this paragraph does not apply.

60.30 	Sec. 26. [518.725] GUIDELINE USED IN CHILD SUPPORT
60.31 	DETERMINATIONS.
60.32 		Subdivision 1.Determination of support obligation. (a)
60.33 	The guideline in this section is a rebuttable presumption and
60.34 	shall be used in any judicial or administrative proceeding to
60.35 	establish or modify a support obligation under chapter 518.
60.36 	(b) The basic child support obligation shall be determined
61.1 	by referencing the guideline for the appropriate number of joint
61.2 	children and the combined parental income for determining child
61.3 	support of the parents.
61.4 	(c) If a child is not in the custody of either parent and a
61.5 	support order is sought against one or both parents, the basic
61.6 	child support obligation shall be determined by referencing the
61.7 	guideline for the appropriate number of joint children, and the
61.8 	parent's individual parental income for determining child
61.9 	support, not the combined parental incomes for determining child
61.10 	support of the parents.
61.11 	(d) For combined parental incomes for determining child
61.12 	support exceeding $15,000 per month, the presumed basic child
61.13 	support obligations shall be as for parents with combined
61.14 	parental income for determining child support of $15,000 per
61.15 	month.  A basic child support obligation in excess of this level
61.16 	may be demonstrated for those reasons set forth in section
61.17 	518.714.
61.18 		Subd. 2.Basic support; guideline. Unless otherwise
61.19 	agreed to by the parents and approved by the court, when
61.20 	establishing basic support, the court must order that basic
61.21 	support be divided between the parents based on their
61.22 	proportionate share of the parents' combined monthly parental
61.23 	income for determining child support, as determined under
61.24 	section 518.712, subdivision 8.  Basic support must be computed
61.25 	using the following guideline:
61.26 	Combined Parental Number of Children
61.27 	Income for
61.28 	Determining
61.29 	Child Support One Two Three Four Five Six 
61.30 	$0-  $799 $50 $50 $75 $75 $100 $100 
61.31 	800-   899 80 129 149 173 201 233 
61.32 	900-   999 90 145 167 194 226 262 
61.33 	1,000- 1,099 116 161 186 216 251 291 
61.34 	1,100- 1,199 145 205 237 275 320 370 
61.35 	1,200- 1,299 177 254 294 341 396 459 
61.36 	1,300- 1,399 212 309 356 414 480 557 
61.37 	1,400- 1,499 251 368 425 493 573 664 
62.1 	1,500- 1,599 292 433 500 580 673 780 
62.2 	1,600- 1,699 337 502 580 673 781 905 
62.3 	1,700- 1,799 385 577 666 773 897 1,040 
62.4 	1,800- 1,899 436 657 758 880 1,021 1,183 
62.5 	1,900- 1,999 490 742 856 994 1,152 1,336 
62.6 	2,000- 2,099 516 832 960 1,114 1,292 1,498 
62.7 	2,100- 2,199 528 851 981 1,139 1,320 1,531 
62.8 	2,200- 2,299 538 867 1,000 1,160 1,346 1,561 
62.9 	2,300- 2,399 546 881 1,016 1,179 1,367 1,586 
62.10 	2,400- 2,499 554 893 1,029 1,195 1,385 1,608 
62.11 	2,500- 2,599 560 903 1,040 1,208 1,400 1,625 
62.12 	2,600- 2,699 570 920 1,060 1,230 1,426 1,655 
62.13 	2,700- 2,799 580 936 1,078 1,251 1,450 1,683 
62.14 	2,800- 2,899 589 950 1,094 1,270 1,472 1,707 
62.15 	2,900- 2,999 596 963 1,109 1,287 1,492 1,730 
62.16 	3,000- 3,099 603 975 1,122 1,302 1,509 1,749 
62.17 	3,100- 3,199 613 991 1,141 1,324 1,535 1,779 
62.18 	3,200- 3,299 623 1,007 1,158 1,344 1,558 1,807 
62.19 	3,300- 3,399 632 1,021 1,175 1,363 1,581 1,833 
62.20 	3,400- 3,499 640 1,034 1,190 1,380 1,601 1,857 
62.21 	3,500- 3,599 648 1,047 1,204 1,397 1,621 1,880 
62.22 	3,600- 3,699 657 1,062 1,223 1,418 1,646 1,909 
62.23 	3,700- 3,799 667 1,077 1,240 1,439 1,670 1,937 
62.24 	3,800- 3,899 676 1,018 1,257 1,459 1,693 1,963 
62.25 	3,900- 3,999 684 1,104 1,273 1,478 1,715 1,988 
62.26 	4,000- 4,099 692 1,116 1,288 1,496 1,736 2,012 
62.27 	4,100- 4,199 701 1,132 1,305 1,516 1,759 2,039 
62.28 	4,200- 4,299 710 1,147 1,322 1,536 1,781 2,064 
62.29 	4,300- 4,399 718 1,161 1,338 1,554 1,802 2,088 
62.30 	4,400- 4,499 726 1,175 1,353 1,572 1,822 2,111 
62.31 	4,500- 4,599 734 1,184 1,368 1,589 1,841 2,133 
62.32 	4,600- 4,699 743 1,200 1,386 1,608 1,864 2,160 
62.33 	4,700- 4,799 753 1,215 1,402 1,627 1,887 2,186 
62.34 	4,800- 4,899 762 1,231 1,419 1,645 1,908 2,212 
62.35 	4,900- 4,999 771 1,246 1,435 1,663 1,930 2,236 
62.36 	5,000- 5,099 780 1,260 1,450 1,680 1,950 2,260 
63.1 	5,100- 5,199 788 1,275 1,468 1,701 1,975 2,289 
63.2 	5,200- 5,299 797 1,290 1,485 1,722 1,999 2,317 
63.3 	5,300- 5,399 805 1,304 1,502 1,743 2,022 2,345 
63.4 	5,400- 5,499 812 1,318 1,518 1,763 2,046 2,372 
63.5 	5,500- 5,599 820 1,331 1,535 1,782 2,068 2,398 
63.6 	5,600- 5,699 829 1,346 1,551 1,801 2,090 2,424 
63.7 	5,700- 5,799 838 1,357 1,568 1,819 2,111 2,449 
63.8 	5,800- 5,899 847 1,376 1,583 1,837 2,132 2,473 
63.9 	5,900- 5,999 856 1,390 1,599 1,855 2,152 2,497 
63.10 	6,000- 6,099 864 1,404 1,614 1,872 2,172 2,520 
63.11 	6,100- 6,199 874 1,419 1,631 1,892 2,195 2,546 
63.12 	6,200- 6,299 883 1,433 1,645 1,912 2,217 2,572 
63.13 	6,300- 6,399 892 1,448 1,664 1,932 2,239 2,597 
63.14 	6,400- 6,499 901 1,462 1,682 1,951 2,260 2,621 
63.15 	6,500- 6,599 910 1,476 1,697 1,970 2,282 2,646 
63.16 	6,600- 6,699 919 1,490 1,713 1,989 2,305 2,673 
63.17 	6,700- 6,799 927 1,505 1,730 2,009 2,328 2,700 
63.18 	6,800- 6,899 936 1,519 1,746 2,028 2,350 2,727 
63.19 	6,900- 6,999 944 1,533 1,762 2,047 2,379 2,753 
63.20 	7,000- 7,099 952 1,547 1,778 2,065 2,394 2,779 
63.21 	7,100- 7,199 961 1,561 1,795 2,085 2,417 2,805 
63.22 	7,200- 7,299 971 1,574 1,812 2,104 2,439 2,830 
63.23 	7,300- 7,399 980 1,587 1,828 2,123 2,462 2,854 
63.24 	7,400- 7,499 989 1,600 1,844 2,142 2,483 2,879 
63.25 	7,500- 7,599 998 1,613 1,860 2,160 2,505 2,903 
63.26 	7,600- 7,699 1,006 1,628 1,877 2,180 2,528 2,929 
63.27 	7,700- 7,799 1,015 1,643 1,894 2,199 2,550 2,955 
63.28 	7,800- 7,899 1,023 1,658 1,911 2,218 2,572 2,981 
63.29 	7,900- 7,999 1,032 1,673 1,928 2,237 2,594 3,007 
63.30 	8,000- 8,099 1,040 1,688 1,944 2,256 2,616 3,032 
63.31 	8,100- 8,199 1,048 1,703 1,960 2,274 2,637 3,057 
63.32 	8,200- 8,299 1,056 1,717 1,976 2,293 2,658 3,082 
63.33 	8,300- 8,399 1,064 1,731 1,992 2,311 2,679 3,106 
63.34 	8,400- 8,499 1,072 1,746 2,008 2,328 2,700 3,130 
63.35 	8,500- 8,599 1,080 1,760 2,023 2,346 2,720 3,154 
63.36 	8,600- 8,699 1,092 1,780 2,047 2,374 2,752 3,191 
64.1 	8,700- 8,799 1,105 1,801 2,071 2,401 2,784 3,228 
64.2 	8,800- 8,899 1,118 1,822 2,094 2,429 2,816 3,265 
64.3 	8,900- 8,999 1,130 1,842 2,118 2,456 2,848 3,302 
64.4 	9,000- 9,099 1,143 1,863 2,142 2,484 2,880 3,339 
64.5 	9,100- 9,199 1,156 1,884 2,166 2,512 2,912 3,376 
64.6 	9,200- 9,299 1,168 1,904 2,190 2,539 2,944 3,413 
64.7 	9,300- 9,399 1,181 1,925 2,213 2,567 2,976 3,450 
64.8 	9,400- 9,499 1,194 1,946 2,237 2,594 3,008 3,487 
64.9 	9,500- 9,599 1,207 1,967 2,261 2,622 3,040 3,525 
64.10 	9,600- 9,699 1,219 1,987 2,285 2,650 3,072 3,562 
64.11 	9,700- 9,799 1,232 2,008 2,309 2,677 3,104 3,599 
64.12 	9,800- 9,899 1,245 2,029 2,332 2,705 3,136 3,636 
64.13 	9,900- 9,999 1,257 2,049 2,356 2,732 3,168 3,673 
64.14 	10,000-10,099 1,270 2,070 2,380 2,760 3,200 3,710 
64.15 	10,100-10,199 1,283 2,091 2,404 2,788 3,232 3,747 
64.16 	10,200-10,299 1,295 2,111 2,428 2,815 3,264 3,784 
64.17 	10,300-10,399 1,308 2,132 2,451 2,843 3,296 3,821 
64.18 	10,400-10,499 1,321 2,153 2,475 2,870 3,328 3,858 
64.19 	10,500-10,599 1,334 2,174 2,499 2,898 3,360 3,896 
64.20 	10,600-10,699 1,346 2,194 2,523 2,926 3,392 3,933 
64.21 	10,700-10,799 1,359 2,215 2,547 2,953 3,424 3,970 
64.22 	10,800-10,899 1,372 2,236 2,570 2,981 3,456 4,007 
64.23 	10,900-10,999 1,384 2,256 2,594 3,008 3,488 4,044 
64.24 	11,000-11,099 1,397 2,277 2,618 3,036 3,520 4,081 
64.25 	11,100-11,199 1,410 2,298 2,642 3,064 3,552 4,118 
64.26 	11,200-11,299 1,422 2,318 2,666 3,091 3,584 4,155 
64.27 	11,300-11,399 1,435 2,339 2,689 3,119 3,616 4,192 
64.28 	11,400-11,499 1,448 2,360 2,713 3,146 3,648 4,229 
64.29 	11,500-11,599 1,461 2,381 2,737 3,174 3,680 4,267 
64.30 	11,600-11,699 1,473 2,401 2,761 3,202 3,712 4,304 
64.31 	11,700-11,799 1,486 2,422 2,785 3,229 3,744 4,341 
64.32 	11,800-11,899 1,499 2,443 2,808 3,257 3,776 4,378 
64.33 	11,900-11,999 1,511 2,463 2,832 3,284 3,808 4,415 
64.34 	12,000-12,099 1,524 2,484 2,856 3,312 3,840 4,452 
64.35 	12,100-12,199 1,537 2,505 2,880 3,340 3,872 4,489 
64.36 	12,200-12,299 1,549 2,525 2,904 3,367 3,904 4,526 
65.1 	12,300-12,399 1,562 2,546 2,927 3,395 3,936 4,563 
65.2 	12,400-12,499 1,575 2,567 2,951 3,422 3,968 4,600 
65.3 	12,500-12,599 1,588 2,588 2,975 3,450 4,000 4,638 
65.4 	12,600-12,699 1,600 2,608 2,999 3,478 4,032 4,675 
65.5 	12,700-12,799 1,613 2,629 3,023 3,505 4,064 4,712 
65.6 	12,800-12,899 1,626 2,650 3,046 3,533 4,096 4,749 
65.7 	12,900-12,999 1,638 2,670 3,070 3,560 4,128 4,786 
65.8 	13,000-13,099 1,651 2,691 3,094 3,588 4,160 4,823 
65.9 	13,100-13,199 1,664 2,712 3,118 3,616 4,192 4,860 
65.10 	13,200-13,299 1,676 2,732 3,142 3,643 4,224 4,897 
65.11 	13,300-13,399 1,689 2,753 3,165 3,671 4,256 4,934 
65.12 	13,400-13,499 1,702 2,774 3,189 3,698 4,288 4,971 
65.13 	13,500-13,599 1,715 2,795 3,213 3,726 4,320 5,009 
65.14 	13,600-13,699 1,727 2,815 3,237 3,754 4,352 5,046 
65.15 	13,700-13,799 1,740 2,836 3,261 3,781 4,384 5,083 
65.16 	13,800-13,899 1,753 2,857 3,284 3,809 4,416 5,120 
65.17 	13,900-13,999 1,765 2,877 3,308 3,836 4,448 5,157 
65.18 	14,000-14,009 1,778 2,898 3,332 3,864 4,480 5,194 
65.19 	14,100-14,199 1,791 2,919 3,356 3,892 4,512 5,231 
65.20 	14,200-14,299 1,803 2,939 3,380 3,919 4,544 5,268 
65.21 	14,300-14,399 1,816 2,960 3,403 3,947 4,576 5,305 
65.22 	14,400-14,499 1,829 2,981 3,427 3,974 4,608 5,342 
65.23 	14,500-14,599 1,842 3,002 3,451 4,002 4,640 5,380 
65.24 	14,600-14,699 1,854 3,022 3,475 4,030 4,672 5,417 
65.25 	14,700-14,799 1,867 3,043 3,499 4,057 4,704 5,454 
65.26 	14,800-14,899 1,880 3,064 3,522 4,085 4,736 5,491 
65.27 	14,900-14,999 1,892 3,084 3,546 4,112 4,768 5,528 
65.28 	15,000, or 1,905 3,105 3,570 4,140 4,800 5,565 
65.29 	the amount
65.30 	in effect
65.31 	under subd. 4 
65.32 		Subd. 3.Income cap on determining basic support. (a)
65.33 	The basic support obligation for parents with a combined
65.34 	parental income for determining child support in excess of the
65.35 	income limit currently in effect under subdivision 2 must be the
65.36 	same dollar amount as provided for the parties with a combined
65.37 	parental income for determining child support equal to the
66.1 	income in effect under subdivision 2.
66.2 	(b) A court may order a basic support obligation in a child
66.3 	support order in an amount that exceeds the income limit in
66.4 	subdivision 2 if it finds that a child has a disability or other
66.5 	substantial, demonstrated need for the additional support for
66.6 	those reasons set forth in section 518.714 and that the
66.7 	additional support will directly benefit the child.
66.8 	(c) The dollar amount for the cap in subdivision 2 must be
66.9 	adjusted on July 1 of every even-numbered year to reflect
66.10 	cost-of-living changes.  The Supreme Court must select the index
66.11 	for the adjustment from the indices listed in section 518.641,
66.12 	subdivision 1.  The state court administrator must make the
66.13 	changes in the dollar amounts required by this paragraph
66.14 	available to courts and the public on or before April 30 of the
66.15 	year in which the amount is to change.
66.16 		Subd. 4.More than six children. If a child support
66.17 	proceeding involves more than six children, the court may derive
66.18 	a support order without specifically following the guidelines.
66.19 	However, the court must consider the basic principles
66.20 	encompassed by the guidelines and must consider both parents'
66.21 	needs, resources, and circumstances.

66.22 	Sec. 27. [518.729] WORKSHEET.
66.23 	The commissioner of human services must create and publish
66.24 	a worksheet to assist in calculating child support under
66.25 	sections 518.54 to 518.729.  The worksheet must not impose
66.26 	substantive requirements other than requirements contained in
66.27 	sections 518.54 to 518.729.  The commissioner must update the
66.28 	worksheet by July 1 of each year.  The commissioner must make an
66.29 	interactive version of the worksheet available on the Department
66.30 	of Human Services Web site.

66.31 	Sec. 28. STUDY OF ECONOMIC IMPACT OF CHILD SUPPORT
66.32 	GUIDELINES.
 66.33 	The commissioner of human services shall contract with a
66.34 	private provider to conduct an economic analysis of the child
66.35 	support guidelines contained in this act to evaluate whether the
66.36 	guidelines fairly represent the cost of raising children for the
67.1 	respective parental income levels, excluding medical support,
67.2 	child care, and education costs.
67.3 	The results of the study shall be completed by no later
67.4 	than January 30, 2006.  The private provider must have
67.5 	experience in evaluating or establishing child support
67.6 	guidelines, using the income shares approach, in other states.

67.7 	Sec. 29. INSTRUCTION TO THE REVISOR.
 67.8 	The revisor of statutes shall create in the first edition
67.9 	of or supplement to Minnesota Statutes published after June 30,
67.10 	2005, a new chapter which shall be comprised of the provisions
67.11 	of Minnesota Statutes, chapter 518, that relate to the provision
67.12 	of support for children.  The transferred provisions shall be
67.13 	arranged as follows:
67.14 	(1) definitions;
67.15 	(2) computations of basic support and the related
67.16 	calculations, adjustments, and guidelines that may affect the
67.17 	computations;
67.18 	(3) child care support;
67.19 	(4) medical support;
67.20 	(5) ability to pay and self-support reserves;
67.21 	(6) deviation factors; and 
67.22 	(7) collection, administrative, and other matters.
67.23 	The new chapter shall be edited by the revisor in
67.24 	accordance with usual editorial practices as provided by
67.25 	Minnesota Statutes, section 3C.10.  If the revisor determines
67.26 	that additional changes are necessary to assure the clarity and
67.27 	utility of the new chapter, the revisor shall draft and propose
67.28 	appropriate legislation to the legislature.

67.29 	EFFECTIVE DATE. This section is effective the day
67.30 	following final enactment.

67.31 	Sec. 30. APPROPRIATIONS.
 67.32 	$860,000 is appropriated in fiscal year 2006 from the
67.33 	general fund to the commissioner of human services to fund
67.34 	implementation of this act.  $450,000 is appropriated in fiscal
67.35 	year 2007 from the general fund to the commissioner of human
67.36 	services to reimburse counties for their implementation costs.
68.1 	The commissioner of human services shall distribute funds to the
68.2 	counties for their costs of implementation based upon their
68.3 	total county IV-D caseload.  The appropriation base in fiscal
68.4 	year 2008 for grants to counties shall be $450,000.
68.5 	$440,000 is appropriated in fiscal year 2007 from the
68.6 	general fund to the Supreme Court to fund implementation of this
68.7 	act.  This is a onetime appropriation.

68.8 	Sec. 31. REPEALER.
 68.9 	Minnesota Statutes 2004, sections 518.171; 518.54,
68.10 	subdivisions 2, 4, and 4a; and 518.551, subdivisions 1, 5a, 5c,
68.11 	and 5f, are repealed.

68.12 	Sec. 32. EFFECTIVE DATE.
 68.13 	Except as otherwise provided, this act is effective January
68.14 	1, 2007, and applies to orders adopted or modified after that
68.15 	date.  Sections 1 to 3 of this act are effective July 1, 2005.