1.1 	A bill for an act
1.2 	relating to family law; clarifying and modifying child support laws; modifying 
1.3 	enforcement provisions; extending time periods for enforcing child support 
1.4 	judgments;amending Minnesota Statutes 2006, sections 518.68, subdivision 2; 
1.5 	518A.28; 518A.32, subdivisions 1, 3, 5, 6; 518A.39, subdivision 2; 518A.40, 
1.6 	subdivisions 1, 4; 518A.41, subdivisions 1, 2, 3, 4, 5, 12, 15, 16; 518A.42, 
1.7 	subdivision 1; 518A.43, subdivision 1; 518A.46, subdivision 5; 518A.75, 
1.8 	subdivision 3; 541.04; 548.09, subdivision 1; 548.091, subdivisions 1a, 3b; 
1.9 	550.01.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2006, section 518.68, subdivision 2, is amended to read:
1.12 		Subd. 2.Contents.  The required notices must be substantially as follows:
1.13 	IMPORTANT NOTICE
1.14 	1. PAYMENTS TO PUBLIC AGENCY
1.15 	According to Minnesota Statutes, section 518A.50, payments ordered for 
1.16 	maintenance and support must be paid to the public agency responsible for child 
1.17 	support enforcement as long as the person entitled to receive the payments is 
1.18 	receiving or has applied for public assistance or has applied for support and 
1.19 	maintenance collection services. MAIL PAYMENTS TO:
1.20 	2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY
1.21 	A person may be charged with a felony who conceals a minor child or takes, obtains, 
1.22 	retains, or fails to return a minor child from or to the child's parent (or person with 
1.23 	custodial or visitation rights), according to Minnesota Statutes, section 609.26. A 
1.24 	copy of that section is available from any district court clerk.
1.25 	3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES
2.1 	A person who fails to pay court-ordered child support or maintenance may be 
2.2 	charged with a crime, which may include misdemeanor, gross misdemeanor, or 
2.3 	felony charges, according to Minnesota Statutes, section 609.375. A copy of that 
2.4 	section is available from any district court clerk.
2.5 	4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME
2.6 	(a) Payment of support or spousal maintenance is to be as ordered, and the giving of 
2.7 	gifts or making purchases of food, clothing, and the like will not fulfill the obligation.
2.8 	(b) Payment of support must be made as it becomes due, and failure to secure or 
2.9 	denial of parenting time is NOT an excuse for nonpayment, but the aggrieved party 
2.10 	must seek relief through a proper motion filed with the court.
2.11 	(c) Nonpayment of support is not grounds to deny parenting time. The party entitled 
2.12 	to receive support may apply for support and collection services, file a contempt 
2.13 	motion, or obtain a judgment as provided in Minnesota Statutes, section 548.091.
2.14 	(d) The payment of support or spousal maintenance takes priority over payment 
2.15 	of debts and other obligations.
2.16 	(e) A party who accepts additional obligations of support does so with the full 
2.17 	knowledge of the party's prior obligation under this proceeding.
2.18 	(f) Child support or maintenance is based on annual income, and it is the 
2.19 	responsibility of a person with seasonal employment to budget income so that 
2.20 	payments are made throughout the year as ordered.
2.21 	(g) Reasonable parenting time guidelines are contained in Appendix B, which is 
2.22 	available from the court administrator.
2.23 	(h) The nonpayment of support may be enforced through the denial of student grants; 
2.24 	interception of state and federal tax refunds; suspension of driver's, recreational, and 
2.25 	occupational licenses; referral to the department of revenue or private collection 
2.26 	agencies; seizure of assets, including bank accounts and other assets held by financial 
2.27 	institutions; reporting to credit bureaus; interest charging, income withholding, and 
2.28 	contempt proceedings; and other enforcement methods allowed by law.
2.29 	(i) The public authority may suspend or resume collection of the amount allocated 
2.30 	for child care expenses if the conditions of section 518A.40, subdivision 4, are met.
2.31 	(j) The public authority may remove or resume a medical support offset if the 
2.32 	conditions of section 518A.41, subdivision 16, are met.
2.33 	(k) The public authority may suspend or resume interest charging on child support 
2.34 	judgments if the conditions of section 548.091, subdivision 1a, are met.
2.35 	5. MODIFYING CHILD SUPPORT 
3.1 	If either the obligor or obligee is laid off from employment or receives a pay 
3.2 	reduction, child support may be modified, increased, or decreased. Any modification 
3.3 	will only take effect when it is ordered by the court, and will only relate back to the 
3.4 	time that a motion is filed. Either the obligor or obligee may file a motion to modify 
3.5 	child support, and may request the public agency for help. UNTIL A MOTION 
3.6 	IS FILED, THE CHILD SUPPORT OBLIGATION WILL CONTINUE AT THE 
3.7 	CURRENT LEVEL. THE COURT IS NOT PERMITTED TO REDUCE SUPPORT 
3.8 	RETROACTIVELY.
3.9 	6. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 
3.10 	SUBDIVISION 3
3.11 	Unless otherwise provided by the Court:
3.12 	(a) Each party has the right of access to, and to receive copies of, school, medical, 
3.13 	dental, religious training, and other important records and information about the 
3.14 	minor children. Each party has the right of access to information regarding health 
3.15 	or dental insurance available to the minor children. Presentation of a copy of this 
3.16 	order to the custodian of a record or other information about the minor children 
3.17 	constitutes sufficient authorization for the release of the record or information to the 
3.18 	requesting party.
3.19 	(b) Each party shall keep the other informed as to the name and address of the school 
3.20 	of attendance of the minor children. Each party has the right to be informed by 
3.21 	school officials about the children's welfare, educational progress and status, and to 
3.22 	attend school and parent teacher conferences. The school is not required to hold a 
3.23 	separate conference for each party.
3.24 	(c) In case of an accident or serious illness of a minor child, each party shall notify 
3.25 	the other party of the accident or illness, and the name of the health care provider 
3.26 	and the place of treatment.
3.27 	(d) Each party has the right of reasonable access and telephone contact with the 
3.28 	minor children.
3.29 	7. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE
3.30 	Child support and/or spousal maintenance may be withheld from income, with or 
3.31 	without notice to the person obligated to pay, when the conditions of Minnesota 
3.32 	Statutes, section 518A.53 have been met. A copy of those sections is available 
3.33 	from any district court clerk.
3.34 	8. CHANGE OF ADDRESS OR RESIDENCE
4.1 	Unless otherwise ordered, each party shall notify the other party, the court, and 
4.2 	the public authority responsible for collection, if applicable, of the following 
4.3 	information within ten days of any change: the residential and mailing address, 
4.4 	telephone number, driver's license number, Social Security number, and name, 
4.5 	address, and telephone number of the employer.
4.6 	9. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE
4.7 	ChildBasic support and/or spousal maintenance may be adjusted every two years 
4.8 	based upon a change in the cost of living (using Department of Labor Consumer 
4.9 	Price Index .........., unless otherwise specified in this order) when the conditions 
4.10 	of Minnesota Statutes, section 518A.75, are met. Cost of living increases are 
4.11 	compounded. A copy of Minnesota Statutes, section 518A.75, and forms necessary 
4.12 	to request or contest a cost of living increase are available from any district court 
4.13 	clerk.
4.14 	10. JUDGMENTS FOR UNPAID SUPPORT
4.15 	If a person fails to make a child support payment, the payment owed becomes a 
4.16 	judgment against the person responsible to make the payment by operation of law on 
4.17 	or after the date the payment is due, and the person entitled to receive the payment 
4.18 	or the public agency may obtain entry and docketing of the judgment WITHOUT 
4.19 	NOTICE to the person responsible to make the payment under Minnesota Statutes, 
4.20 	section 548.091. Interest begins to accrue on a payment or installment of child 
4.21 	support whenever the unpaid amount due is greater than the current support due, 
4.22 	according to Minnesota Statutes, section 548.091, subdivision 1a.
4.23 	11. JUDGMENTS FOR UNPAID MAINTENANCE
4.24 	A judgment for unpaid spousal maintenance may be entered when the conditions of 
4.25 	Minnesota Statutes, section 548.091, are met. A copy of that section is available 
4.26 	from any district court clerk.
4.27 	12. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF 
4.28 	CHILD SUPPORT
4.29 	A judgment for attorney fees and other collection costs incurred in enforcing a child 
4.30 	support order will be entered against the person responsible to pay support when the 
4.31 	conditions of section 518A.735, are met. A copy of sections 518.14 and 518A.735
4.32 	and forms necessary to request or contest these attorney fees and collection costs are 
4.33 	available from any district court clerk.
4.34 	13. PARENTING TIME EXPEDITOR PROCESS
5.1 	On request of either party or on its own motion, the court may appoint a parenting 
5.2 	time expeditor to resolve parenting time disputes under Minnesota Statutes, section 
5.3 	518.1751. A copy of that section and a description of the expeditor process is 
5.4 	available from any district court clerk.
5.5 	14. PARENTING TIME REMEDIES AND PENALTIES
5.6 	Remedies and penalties for the wrongful denial of parenting time are available under 
5.7 	Minnesota Statutes, section 518.175, subdivision 6. These include compensatory 
5.8 	parenting time; civil penalties; bond requirements; contempt; and reversal of 
5.9 	custody. A copy of that subdivision and forms for requesting relief are available 
5.10 	from any district court clerk.

5.11 	Sec. 2. Minnesota Statutes 2006, section 518A.28, is amended to read:
5.12 	518A.28 PROVIDING INCOME INFORMATION.
5.13 	(a) In any case where the parties have joint children for which a child support 
5.14 	order must be determined, the parties shall serve and file with their initial pleadings 
5.15 	or motion documents, a financial affidavit, disclosing all sources of gross income for 
5.16 	purposes of section 518A.29. The financial affidavit shall include relevant supporting 
5.17 	documentation necessary to calculate the parental income for child support under section 
5.18 	518A.26, subdivision 15, including, but not limited to, pay stubs for the most recent three 
5.19 	months, employer statements, or statements of receipts and expenses if self-employed. 
5.20 	Documentation of earnings and income also include relevant copies of each parent's 
5.21 	most recent federal tax returns, including W-2 forms, 1099 forms, unemployment benefit 
5.22 	statements, workers' compensation statements, and all other documents evidencing 
5.23 	earnings or income as received that provide verification for the financial affidavit. The 
5.24 	commissioner of human services state court administrator shall prepare a financial 
5.25 	affidavit form that must may be used by the parties for disclosing information under 
5.26 	this section. The parties may provide the information required under this section in a 
5.27 	substantially similar affidavit form.
5.28 	(b) In addition to the requirements of paragraph (a), at any time after an action 
5.29 	seeking child support has been commenced or when a child support order is in effect, a 
5.30 	party or the public authority may require the other party to give them a copy of the party's 
5.31 	most recent federal tax returns that were filed with the Internal Revenue Service. The 
5.32 	party shall provide a copy of the tax returns within 30 days of receipt of the request unless 
5.33 	the request is not made in good faith. A request under this paragraph may not be made 
5.34 	more than once every two years, in the absence of good cause.
6.1 	(c) If a parent under the jurisdiction of the court does not serve and file the financial 
6.2 	affidavit with the parent's initial pleading or motion documents, the court shall set income 
6.3 	for that parent based on credible evidence before the court or in accordance with section 
6.4 	518A.32. Credible evidence may include documentation of current or recent income, 
6.5 	testimony of the other parent concerning recent earnings and income levels, and the 
6.6 	parent's wage reports filed with the Minnesota Department of Employment and Economic 
6.7 	Development under section 268.044. The court may consider credible evidence from one 
6.8 	party that the financial affidavit submitted by the other party is false or inaccurate.
6.9 	(d) If the court determines that a party does not have access to documents that are 
6.10 	required to be disclosed under this section, the court may consider the testimony of that 
6.11 	party as credible evidence of that party's income.

6.12 	Sec. 3. Minnesota Statutes 2006, section 518A.32, subdivision 1, is amended to read:
6.13 		Subdivision 1.General. This section applies to child support orders, including 
6.14 	orders for past support or reimbursement of public assistance, issued under this chapter, 
6.15 	chapter 256, 257, 518B, or 518C. If a parent is voluntarily unemployed, underemployed, or 
6.16 	employed on a less than full-time basis, or there is no direct evidence of any income, child 
6.17 	support must be calculated based on a determination of potential income. For purposes of 
6.18 	this determination, it is rebuttably presumed that a parent can be gainfully employed on 
6.19 	a full-time basis. As used in this section, "full time" means 40 hours of work in a week 
6.20 	except in those industries, trades, or professions in which most employers, due to custom, 
6.21 	practice, or agreement, use a normal work week of more or less than 40 hours in a week. 

6.22 	Sec. 4. Minnesota Statutes 2006, section 518A.32, subdivision 3, is amended to read:
6.23 		Subd. 3.Parent not considered voluntarily unemployed or, underemployed, 
6.24 	or employed on a less than full-time basis. A parent is not considered voluntarily 
6.25 	unemployed or, underemployed, or employed on a less than full-time basis upon a 
6.26 	showing by the parent that:
6.27 	(1) the unemployment or, underemployment, or employment on a less than full-time 
6.28 	basis is temporary and will ultimately lead to an increase in income; or
6.29 	(2) the unemployment or, underemployment, or employment on a less than full-time 
6.30 	basis represents a bona fide career change that outweighs the adverse effect of that parent's 
6.31 	diminished income on the child.; or
6.32 	(3) the unemployment, underemployment, or employment on a less than full-time 
6.33 	basis is because a parent is physically or mentally incapacitated or due to incarceration, 
6.34 	except where the reason for incarceration is the parent's nonpayment of support.

7.1 	EFFECTIVE DATE. This section is effective retroactive to January 1, 2007.

7.2 	Sec. 5. Minnesota Statutes 2006, section 518A.32, subdivision 5, is amended to read:
7.3 		Subd. 5.Caretaker. If a parent stays at home to care for a child who is subject to 
7.4 	the child support order, the court may consider the following factors when determining 
7.5 	whether the parent is voluntarily unemployed or, underemployed, or employed on a less 
7.6 	than full-time basis:
7.7 	(1) the parties' parenting and child care arrangements before the child support action; 
7.8 	(2) the stay-at-home parent's employment history, recency of employment, earnings, 
7.9 	and the availability of jobs within the community for an individual with the parent's 
7.10 	qualifications; 
7.11 	(3) the relationship between the employment-related expenses, including, but not 
7.12 	limited to, child care and transportation costs required for the parent to be employed, 
7.13 	and the income the stay-at-home parent could receive from available jobs within the 
7.14 	community for an individual with the parent's qualifications;
7.15 	(4) the child's age and health, including whether the child is physically or mentally 
7.16 	disabled; and
7.17 	(5) the availability of child care providers.
7.18 	This subdivision does not apply if the parent stays at home only to care for other 
7.19 	nonjoint children.

7.20 	Sec. 6. Minnesota Statutes 2006, section 518A.32, subdivision 6, is amended to read:
7.21 		Subd. 6.Economic conditions. A self-employed parent is not considered to be 
7.22 	voluntarily unemployed or, underemployed, or employed on a less than full-time basis if 
7.23 	that parent can show that the parent's net self-employment income is lower because of 
7.24 	economic conditions that are directly related to the source or sources of that parent's 
7.25 	income.

7.26 	Sec. 7. Minnesota Statutes 2006, section 518A.39, subdivision 2, is amended to read:
7.27 		Subd. 2.Modification. (a) The terms of an order respecting maintenance or support 
7.28 	may be modified upon a showing of one or more of the following, any of which makes 
7.29 	the terms unreasonable and unfair: (1) substantially increased or decreased gross income 
7.30 	of an obligor or obligee; (2) substantially increased or decreased need of an obligor or 
7.31 	obligee or the child or children that are the subject of these proceedings; (3) receipt of 
7.32 	assistance under the AFDC program formerly codified under sections 256.72 to 256.87
7.33 	or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a change in the cost of living for 
8.1 	either party as measured by the Federal Bureau of Labor Statistics; (5) extraordinary 
8.2 	medical expenses of the child not provided for under section 518A.41; (6) a change in the 
8.3 	availability of appropriate health care coverage or a substantial increase or decrease in 
8.4 	health care coverage costs; (7) the addition of work-related or education-related child care 
8.5 	expenses of the obligee or a substantial increase or decrease in existing work-related or 
8.6 	education-related child care expenses; or (7) (8) upon the emancipation of the child, as 
8.7 	provided in subdivision 5.
8.8 	(b) It is presumed that there has been a substantial change in circumstances under 
8.9 	paragraph (a) and the terms of a current support order shall be rebuttably presumed to be 
8.10 	unreasonable and unfair if: 
8.11 	(1) the application of the child support guidelines in section 518A.35, to the current 
8.12 	circumstances of the parties results in a calculated court order that is at least 20 percent 
8.13 	and at least $75 per month higher or lower than the current support order or, if the current 
8.14 	support order is less than $75, it results in a calculated court order that is at least 20 
8.15 	percent per month higher or lower; 
8.16 	(2) the medical support provisions of the order established under section 518A.41
8.17 	are not enforceable by the public authority or the obligee; 
8.18 	(3) health coverage ordered under section 518A.41 is not available to the child for 
8.19 	whom the order is established by the parent ordered to provide; 
8.20 	(4) the existing support obligation is in the form of a statement of percentage and 
8.21 	not a specific dollar amount; or
8.22 	(5) the gross income of an obligor or obligee has decreased by at least 20 percent 
8.23 	through no fault or choice of the party.; or
8.24 	(6) a deviation was granted based on the factor in section 518A.43, subdivision 1, 
8.25 	clause (4), and the child no longer resides in a foreign country or the factor is otherwise no 
8.26 	longer applicable.
8.27 	(c) A child support order is not presumptively modifiable solely because an obligor 
8.28 	or obligee becomes responsible for the support of an additional nonjoint child, which is 
8.29 	born after an existing order. Section 518A.33 shall be considered if other grounds are 
8.30 	alleged which allow a modification of support. 
8.31 	(d) On a motion for modification of maintenance, including a motion for the 
8.32 	extension of the duration of a maintenance award, the court shall apply, in addition to all 
8.33 	other relevant factors, the factors for an award of maintenance under section 518.552 that 
8.34 	exist at the time of the motion. On a motion for modification of support, the court: 
8.35 	(1) shall apply section 518A.35, and shall not consider the financial circumstances of 
8.36 	each party's spouse, if any; and 
9.1 	(2) shall not consider compensation received by a party for employment in excess of 
9.2 	a 40-hour work week, provided that the party demonstrates, and the court finds, that: 
9.3 	(i) the excess employment began after entry of the existing support order; 
9.4 	(ii) the excess employment is voluntary and not a condition of employment; 
9.5 	(iii) the excess employment is in the nature of additional, part-time employment, or 
9.6 	overtime employment compensable by the hour or fractions of an hour; 
9.7 	(iv) the party's compensation structure has not been changed for the purpose of 
9.8 	affecting a support or maintenance obligation; 
9.9 	(v) in the case of an obligor, current child support payments are at least equal to the 
9.10 	guidelines amount based on income not excluded under this clause; and 
9.11 	(vi) in the case of an obligor who is in arrears in child support payments to the 
9.12 	obligee, any net income from excess employment must be used to pay the arrearages 
9.13 	until the arrearages are paid in full. 
9.14 	(e) A modification of support or maintenance, including interest that accrued 
9.15 	pursuant to section 548.091, may be made retroactive only with respect to any period 
9.16 	during which the petitioning party has pending a motion for modification but only from the 
9.17 	date of service of notice of the motion on the responding party and on the public authority 
9.18 	if public assistance is being furnished or the county attorney is the attorney of record.
9.19 	(f) Except for an award of the right of occupancy of the homestead, provided in 
9.20 	section 518.63, all divisions of real and personal property provided by section 518.58
9.21 	shall be final, and may be revoked or modified only where the court finds the existence 
9.22 	of conditions that justify reopening a judgment under the laws of this state, including 
9.23 	motions under section 518.145, subdivision 2. The court may impose a lien or charge on 
9.24 	the divided property at any time while the property, or subsequently acquired property, is 
9.25 	owned by the parties or either of them, for the payment of maintenance or support money, 
9.26 	or may sequester the property as is provided by section 518A.71. 
9.27 	(g) The court need not hold an evidentiary hearing on a motion for modification of 
9.28 	maintenance or support. 
9.29 	(h) Sections 518.14 and 518A.735 shall govern the award of attorney fees for 
9.30 	motions brought under this subdivision. 
9.31 	(i) Except as expressly provided, an enactment, amendment, or repeal of law does 
9.32 	not constitute a substantial change in the circumstances for purposes of modifying a 
9.33 	child support order. 
9.34 	(j) There may be no modification of an existing child support order during the first 
9.35 	year following January 1, 2007, except as follows: 
9.36 	(1) there is at least a 20 percent change in the gross income of the obligor; 
10.1 	(2) there is a change in the number of joint children for whom the obligor is legally 
10.2 	responsible and actually supporting; 
10.3 	(3) a parent or another caregiver of the child who is supported by the existing support 
10.4 	order begins to receive public assistance, as defined in section 256.741;
10.5 	(4) there are additional work-related or education-related child care expenses of the 
10.6 	obligee or a substantial increase or decrease in existing work-related or education-related 
10.7 	child care expenses;
10.8 	(5) there is a change in the availability of health care coverage, as defined in section 
10.9 	518A.41, subdivision 1, paragraph (a), or a substantial increase or decrease in the cost 
10.10 	of existing health care coverage;
10.11 	(6) the child supported by the existing child support order becomes disabled; or
10.12 	(7) both parents consent to modification of the existing order under section 518A.34. 
10.13 	A modification under clause (4) may be granted only with respect to child care 
10.14 	support. A modification under clause (5) may be granted only with respect to medical 
10.15 	support. This paragraph expires January 1, 2008.
10.16 	(k) On the first modification under the income shares method of calculation, the 
10.17 	modification of basic support may be limited if the amount of the full variance would 
10.18 	create hardship for either the obligor or the obligee. 

10.19 	Sec. 8. Minnesota Statutes 2006, section 518A.40, subdivision 1, is amended to read:
10.20 		Subdivision 1.Child care costs. Unless otherwise agreed to by the parties and 
10.21 	approved by the court, the court must order that work-related or education-related child 
10.22 	care costs of joint children be divided between the obligor and obligee based on their 
10.23 	proportionate share of the parties' combined monthly PICS. The amount of work-related or 
10.24 	education-related child care costs required by this subdivision to be divided between the 
10.25 	obligor and obligee is the total amount received by the child care provider from the obligee 
10.26 	and any public agency for the joint child or children. Child care costs shall be adjusted by 
10.27 	the amount of the estimated federal and state child care credit payable on behalf of a joint 
10.28 	child. The Department of Human Services shall develop tables to calculate the applicable 
10.29 	credit based upon the custodial parent's PICS.

10.30 	Sec. 9. Minnesota Statutes 2006, section 518A.40, subdivision 4, is amended to read:
10.31 		Subd. 4.Change in child care. (a) When a court order provides for child care 
10.32 	expenses, and child care support is not assigned under section 256.741, the public 
10.33 	authority, if the public authority provides child support enforcement services, the public 
10.34 	authority must suspend collecting the amount allocated for child care expenses when:
11.1 	(1) either party informs the public authority that no child care costs are being 
11.2 	incurred; and 
11.3 	(2) the public authority verifies the accuracy of the information with the other 
11.4 	party obligee.
11.5 	The suspension is effective as of the first day of the month following the date that the 
11.6 	public authority received the verification. The public authority will resume collecting 
11.7 	child care expenses when either party provides information that child care costs have 
11.8 	resumed, or when a child care support assignment takes effect under section 256.741, 
11.9 	subdivision 4. The resumption is effective as of the first day of the month after the date 
11.10 	that the public authority received the information.
11.11 	(b) If the parties provide conflicting information to the public authority regarding 
11.12 	whether child care expenses are being incurred, or if the public authority is unable to 
11.13 	verify with the obligee that no child care costs are being incurred, the public authority will 
11.14 	continue or resume collecting child care expenses. Either party, by motion to the court, 
11.15 	may challenge the suspension, continuation, or resumption of the collection of child care 
11.16 	expenses under this subdivision. If the public authority suspends collection activities 
11.17 	for the amount allocated for child care expenses, all other provisions of the court order 
11.18 	remain in effect.
11.19 	(c) In cases where there is a substantial increase or decrease in child care expenses, 
11.20 	the parties may modify the order under section 518A.39.

11.21 	Sec. 10. Minnesota Statutes 2006, section 518A.41, subdivision 1, is amended to read:
11.22 		Subdivision 1.Definitions. The definitions in this subdivision apply to this chapter 
11.23 	and chapter 518.
11.24 	(a) "Health care coverage" means medical, dental, or other health care benefits that 
11.25 	are provided by aone or more health plan plans. Health care coverage does not include 
11.26 	any form of medical assistance under chapter 256B or MinnesotaCare under chapter 
11.27 	256L public coverage.
11.28 	(b) "Health carrier" means a carrier as defined in sections 62A.011, subdivision 
11.29 	2, and 62L.02, subdivision 16.
11.30 	(c) "Health plan" means a plan meeting the definition under section 62A.011, 
11.31 	subdivision 3, a group health plan governed under the federal Employee Retirement 
11.32 	Income Security Act of 1974 (ERISA), a self-insured plan under sections 43A.23 to 
11.33 	43A.317 and 471.617, or a policy, contract, or certificate issued by a community-integrated 
11.34 	service network licensed under chapter 62N. Health plan includes plans, other than any 
11.35 	form of public coverage, that provides medical, dental, or other health care benefits and is:
12.1 	(1) provided on an individual andor group basis;
12.2 	(2) provided by an employer or union;
12.3 	(3) purchased in the private market; and or
12.4 	(4) available to a person eligible to carry insurance for the joint child, including a 
12.5 	party's spouse or parent.
12.6 	Health plan includes, but is not limited to, a plan providing for dependent-only dental 
12.7 	or vision coverage and a plan provided through a party's spouse or parent meeting the 
12.8 	definition under section 62A.011, subdivision 3, except that the exclusion of coverage 
12.9 	designed solely to provide dental or vision care under section 62A.011, subdivision 3, 
12.10 	clause (6), does not apply to the definition of health plan under this section; a group 
12.11 	health plan governed under the federal Employee Retirement Income Security Act of 
12.12 	1974 (ERISA); a self-insured plan under sections 43A.23 to 43A.317 and 471.617; and a 
12.13 	policy, contract, or certificate issued by a community-integrated service network licensed 
12.14 	under chapter 62N.
12.15 	(d) "Medical support" means providing health care coverage for a joint child by 
12.16 	carrying health care coverage for the joint child or by contributing to the cost of health 
12.17 	care coverage, public coverage, unreimbursed medical expenses, and uninsured medical 
12.18 	expenses of the joint child.
12.19 	(e) "National medical support notice" means an administrative notice issued by the 
12.20 	public authority to enforce health insurance provisions of a support order in accordance 
12.21 	with Code of Federal Regulations, title 45, section 303.32, in cases where the public 
12.22 	authority provides support enforcement services.
12.23 	(f) "Public coverage" means health care benefits provided by any form of medical 
12.24 	assistance under chapter 256B or MinnesotaCare under chapter 256L.
12.25 	(g) "Uninsured medical expenses" means a joint child's reasonable and necessary 
12.26 	health-related expenses if the joint child is not covered by a health plan or public coverage 
12.27 	when the expenses are incurred.
12.28 	(h) "Unreimbursed medical expenses" means a joint child's reasonable and necessary 
12.29 	health-related expenses if a joint child is covered by a health plan or public coverage and 
12.30 	the plan or coverage does not pay for the total cost of the expenses when the expenses 
12.31 	are incurred. Unreimbursed medical expenses do not include the cost of premiums. 
12.32 	Unreimbursed medical expenses include, but are not limited to, deductibles, co-payments, 
12.33 	and expenses for orthodontia, and prescription eyeglasses and contact lenses, but not 
12.34 	over-the-counter medications if coverage is under a health plan.

12.35 	Sec. 11. Minnesota Statutes 2006, section 518A.41, subdivision 2, is amended to read:
13.1 		Subd. 2.Order. (a) A completed national medical support notice issued by the 
13.2 	public authority or a court order that complies with this section is a qualified medical 
13.3 	child support order under the federal Employee Retirement Income Security Act of 1974 
13.4 	(ERISA), United States Code, title 29, section 1169(a).
13.5 	(b) Every order addressing child support must state: 
13.6 	(1) the names, last known addresses, and Social Security numbers of the parents and 
13.7 	the joint child that is a subject of the order unless the court prohibits the inclusion of an 
13.8 	address or Social Security number and orders the parents to provide the address and Social 
13.9 	Security number to the administrator of the health plan; 
13.10 	(2) if a joint child is not presently enrolled in health care coverage, whether 
13.11 	appropriate health care coverage for the joint child is available and, if so, state: 
13.12 	(i) which parent must carrythe parents' responsibilities for carrying health care 
13.13 	coverage; 
13.14 	(ii) the cost of premiums and how the cost is allocated between the parents; 
13.15 	(iii) how unreimbursed expenses will be allocated and collected by the parents; and 
13.16 	(iv)(iii) the circumstances, if any, under which thean obligation to provide health 
13.17 	care coverage for the joint child will shift from one parent to the other; and
13.18 	(3) if appropriate health care coverage is not available for the joint child, whether a 
13.19 	contribution for medical support is required.; and
13.20 	(4) how unreimbursed or uninsured medical expenses will be allocated between 
13.21 	the parents.

13.22 	Sec. 12. Minnesota Statutes 2006, section 518A.41, subdivision 3, is amended to read:
13.23 		Subd. 3.Determining appropriate health care coverage. (a) In determining 
13.24 	whether a parent has appropriate health care coverage for the joint child, the court must 
13.25 	evaluate the health plan usingconsider the following factors:
13.26 	(1) accessible coverage. Dependent health care coverage is accessible if the covered 
13.27 	joint child can obtain services from a health plan provider with reasonable effort by the 
13.28 	parent with whom the joint child resides. Health care coverage is presumed accessible if: 
13.29 	(i) primary care coverage is available within 30 minutes or 30 miles of the joint 
13.30 	child's residence and specialty care coverage is available within 60 minutes or 60 miles of 
13.31 	the joint child's residence; 
13.32 	(ii) the coverage is available through an employer and the employee can be expected 
13.33 	to remain employed for a reasonable amount of time; and 
13.34 	(iii) no preexisting conditions exist to delay coverage unduly; 
14.1 	(2)(1) comprehensivecomprehensiveness of health care coverage providing 
14.2 	medical benefits. Dependent health care coverage providing medical benefits is presumed 
14.3 	comprehensive if it includes medical and hospital coverage and provides for preventive, 
14.4 	emergency, acute, and chronic care. If both parents have health care coverage providing 
14.5 	medical benefits that meets the minimum requirements is presumed comprehensive under 
14.6 	this paragraph, the court must determine which health careparent's coverage is more 
14.7 	comprehensive by considering whetherwhat other benefits are included in the coverage 
14.8 	includes:;
14.9 	(i) basic dental coverage; 
14.10 	(ii) orthodontia; 
14.11 	(iii) eyeglasses; 
14.12 	(iv) contact lenses; 
14.13 	(v) mental health services; or 
14.14 	(vi) substance abuse treatment; 
14.15 	(2) accessibility. Dependent health care coverage is accessible if the covered joint 
14.16 	child can obtain services from a health plan provider with reasonable effort by the parent 
14.17 	with whom the joint child resides. Health care coverage is presumed accessible if:
14.18 	(i) primary care is available within 30 minutes or 30 miles of the joint child's 
14.19 	residence and specialty care is available within 60 minutes or 60 miles of the joint child's 
14.20 	residence;
14.21 	(ii) the health care coverage is available through an employer and the employee can 
14.22 	be expected to remain employed for a reasonable amount of time; and
14.23 	(iii) no preexisting conditions exist to unduly delay enrollment in health care 
14.24 	coverage;
14.25 	(3) affordable coverage. Dependent health care coverage is affordable if it is 
14.26 	reasonable in cost; and 
14.27 	(4)(3) the joint child's special medical needs, if any.; and
14.28 	(b)(4) affordability. Dependent health care coverage is affordable if it is reasonable 
14.29 	in cost. If both parents have health care coverage available for a joint child, and the 
14.30 	court determines under paragraph (a), clauses (1) and (2), that the available coverage
14.31 	is comparable with regard to accessibility and comprehensiveness of medical benefits, 
14.32 	accessibility, and the joint child's special needs, the least costly health care coverage is the
14.33 	presumed to be the most appropriate health care coverage for the joint child.

14.34 	Sec. 13. Minnesota Statutes 2006, section 518A.41, subdivision 4, is amended to read:
15.1 		Subd. 4.Ordering health care coverage. (a) If a joint child is presently enrolled 
15.2 	in health care coverage, the court must order that the parent who currently has the joint 
15.3 	child enrolled continue that enrollment unless the parentsparties agree otherwise or a 
15.4 	parentparty requests a change in coverage and the court determines that other health 
15.5 	care coverage is more appropriate.
15.6 	(b) If a joint child is not presently enrolled in health care coverage providing medical 
15.7 	benefits, upon motion of a parent or the public authority, the court must determine whether 
15.8 	one or both parents have appropriate health care coverage providing medical benefits for 
15.9 	the joint child and order the parent with appropriate health care coverage available to carry 
15.10 	the coverage for the joint child. 
15.11 	(c) If only one parent has appropriate health care coverage providing medical 
15.12 	benefits available, the court must order that parent to carry the coverage for the joint child. 
15.13 	(d) If both parents have appropriate health care coverage providing medical benefits 
15.14 	available, the court must order the parent with whom the joint child resides to carry the 
15.15 	coverage for the joint child, unless: 
15.16 	(1) either parenta party expresses a preference for health care coverage providing 
15.17 	medical benefits available through the parent with whom the joint child does not reside; 
15.18 	(2) the parent with whom the joint child does not reside is already carrying 
15.19 	dependent health care coverage providing medical benefits for other children and the cost 
15.20 	of contributing to the premiums of the other parent's coverage would cause the parent with 
15.21 	whom the joint child does not reside extreme hardship; or 
15.22 	(3) the parentsparties agree as to providewhich parent will carry health care 
15.23 	coverage providing medical benefits and agree on the allocation of costs. 
15.24 	(e) If the exception in paragraph (d), clause (1) or (2), applies, the court must 
15.25 	determine which parent has the most appropriate coverage providing medical benefits 
15.26 	available and order that parent to carry coverage for the joint child. If the court 
15.27 	determines under subdivision 3, paragraph (a), clauses (1) and (2), that the parents' 
15.28 	health care coverage for the joint child is comparable with regard to accessibility and 
15.29 	comprehensiveness, the court must presume that the parent with the least costly health 
15.30 	care coverage to carry coverage for the joint child.
15.31 	(f) If neither parent has appropriate health care coverage available, the court must 
15.32 	order the parents to: 
15.33 	(1) contribute toward the actual health care costs of the joint children based on 
15.34 	a pro rata share; or 
15.35 	(2) if the joint child is receiving any form of medical assistance under chapter 256B 
15.36 	or MinnesotaCare under chapter 256L public coverage, the parent with whom the joint 
16.1 	child does not reside shall contribute a monthly amount toward the actual cost of medical 
16.2 	assistance under chapter 256B or MinnesotaCare under chapter 256L public coverage. 
16.3 	The amount of contribution of the noncustodial parentparent's contribution is the amount 
16.4 	the noncustodial parent would pay for the child's premiums if the noncustodial parent's 
16.5 	PICS income meets the eligibility requirements for public coverage. determined by 
16.6 	applying the noncustodial parent's PICS to the premium schedule for public coverage. If 
16.7 	the noncustodial parent's PICS meets the eligibility requirements for public coverage, the 
16.8 	contribution is the amount the noncustodial parent would pay for the child's premium. If 
16.9 	the noncustodial parent's PICS exceeds the eligibility requirements for public coverage, 
16.10 	the contribution is the amount of the premium for the highest eligible income on the 
16.11 	appropriate premium schedule for public coverage. For purposes of determining the 
16.12 	premium amount, the noncustodial parent's household size is equal to one parent plus 
16.13 	the child or children who are the subject of the child support order. If the noncustodial 
16.14 	parent's PICS income exceeds the eligibility requirements for public coverage, the court 
16.15 	must order the noncustodial parent's contribution toward the full premium cost of the 
16.16 	child's or children's coverage. The custodial parent's obligation is determined under the 
16.17 	requirements for public coverage as set forth in chapter 256B or 256L. The court may 
16.18 	order the parent with whom the child resides to apply for public coverage for the child.
16.19 	(g) If neither parent has appropriate health care coverage available, the court may 
16.20 	order the parent with whom the child resides to apply for public coverage for the child.
16.21 	(h) The commissioner of human services must publish a table with the premium 
16.22 	schedule for public coverage and update the chart for changes to the schedule by July 
16.23 	1 of each year.
16.24 	(i) If a joint child is not presently enrolled in health care coverage providing dental 
16.25 	benefits, upon motion of a parent or the public authority, the court must determine whether 
16.26 	one or both parents have appropriate dental health care coverage for the joint child, and the 
16.27 	court may order a parent with appropriate dental health care coverage available to carry 
16.28 	the coverage for the joint child.
16.29 	(j) If a joint child is not presently enrolled in available health care coverage 
16.30 	providing benefits other than medical benefits or dental benefits, upon motion of a parent 
16.31 	or the public authority, the court may determine whether that other health care coverage 
16.32 	for the joint child is appropriate, and the court may order a parent with that appropriate 
16.33 	health care coverage available to carry the coverage for the joint child.

16.34 	Sec. 14. Minnesota Statutes 2006, section 518A.41, subdivision 5, is amended to read:
17.1 		Subd. 5.Medical support costs; unreimbursed and uninsured medical expenses.
 17.2 	(a) Unless otherwise agreed to by the parties and approved by the court, the court must 
17.3 	order that the cost of health care coverage and all unreimbursed and uninsured medical 
17.4 	expenses under the health plan be divided between the obligor and obligee based on 
17.5 	their proportionate share of the parties' combined monthly PICS. The amount allocated 
17.6 	for medical support is considered child support but is not subject to a cost-of-living 
17.7 	adjustment under section 518A.75.
17.8 	(b) If a party owes a joint child support obligation for a child or spousal maintenance
17.9 	and is ordered to carry health care coverage for the joint child, and the other party is 
17.10 	ordered to contribute to the carrying party's cost for coverage, the carrying party's 
17.11 	child support or spousal maintenance payment must be reduced by the amount of the 
17.12 	contributing party's contribution.
17.13 	(c) If a party owes a joint child support obligation for a child and is ordered to 
17.14 	contribute to the other party's cost for carrying health care coverage for the joint child, 
17.15 	the contributing party's child support payment must be increased by the amount of the 
17.16 	contribution.
17.17 	(d) If the party ordered to carry health care coverage for the joint child already 
17.18 	carries dependent health care coverage for other dependents and would incur no additional 
17.19 	premium costs to add the joint child to the existing coverage, the court must not order the 
17.20 	other party to contribute to the premium costs for coverage of the joint child.
17.21 	(e) If a party ordered to carry health care coverage for the joint child does not already 
17.22 	carry dependent health care coverage but has other dependents who may be added to the 
17.23 	ordered coverage, the full premium costs of the dependent health care coverage must be 
17.24 	allocated between the parties in proportion to the party's share of the parties' combined 
17.25 	PICS, unless the parties agree otherwise.
17.26 	(f) If a party ordered to carry health care coverage for the joint child is required to 
17.27 	enroll in a health plan so that the joint child can be enrolled in dependent health care 
17.28 	coverage under the plan, the court must allocate the costs of the dependent health care 
17.29 	coverage between the parties. The costs of the health care coverage for the party ordered 
17.30 	to carry the coverage for the joint child must not be allocated between the parties.

17.31 	Sec. 15. Minnesota Statutes 2006, section 518A.41, subdivision 12, is amended to read:
17.32 		Subd. 12.Spousal or former spousal coverage. The court must require the parent 
17.33 	with whom the joint child does not reside to provide dependent health care coverage for the 
17.34 	benefit of the parent with whom the joint child resides if the parent with whom the child 
18.1 	does not reside is ordered to provide dependent health care coverage for the parties' joint 
18.2 	child and adding the other parent to the coverage results in no additional premium cost.

18.3 	Sec. 16. Minnesota Statutes 2006, section 518A.41, subdivision 15, is amended to read:
18.4 		Subd. 15.Enforcement. (a) Remedies available for collecting and enforcing child 
18.5 	support apply to medical support.
18.6 	(b) For the purpose of enforcement, the following are additional support:
18.7 	(1) the costs of individual or group health or hospitalization coverage;
18.8 	(2) dental coverage;
18.9 	(3) medical costs ordered by the court to be paid by either party, including health 
18.10 	and dental insurancehealth care coverage premiums paid by the obligee because of the 
18.11 	obligor's failure to obtain coverage as ordered; and 
18.12 	(4) liabilities established under this subdivision.
18.13 	(c) A party who fails to carry court-ordered dependent health care coverage is liable 
18.14 	for the joint child's uninsured medical expenses unless a court order provides otherwise. 
18.15 	A party's failure to carry court-ordered coverage, or to provide other medical support as 
18.16 	ordered, is a basis for modification of a support order under section 518A.39, subdivision 2.
18.17 	(d) Payments by the health carrier or employer for services rendered to the 
18.18 	dependents that are directed to a party not owed reimbursement must be endorsed over 
18.19 	to and forwarded to the vendor or appropriate party or the public authority. A party 
18.20 	retaining insurance reimbursement not owed to the party is liable for the amount of the 
18.21 	reimbursement.

18.22 	Sec. 17. Minnesota Statutes 2006, section 518A.41, subdivision 16, is amended to read:
18.23 		Subd. 16.Offset. (a) If a party is the parent with primary physical custody as 
18.24 	defined in section 518A.26, subdivision 17, and is an obligor ordered to contribute to the 
18.25 	other party's cost for carrying health care coverage for the joint child, the other party's 
18.26 	child support obligation is and spousal maintenance obligations are subject to an offset 
18.27 	under subdivision 5. 
18.28 	(b) The public authority, if the public authority provides child support enforcement 
18.29 	services, may remove the offset to a party's child support obligation when: 
18.30 	(1) the party's court-ordered health care coverage for the joint child terminates; 
18.31 	(2) the party does not enroll the joint child in other health care coverage; and 
18.32 	(3) a modification motion is not pending.
19.1 	The public authority must provide notice to the parties of the action. If neither party 
19.2 	requests a hearing, the public authority must remove the offset effective the first day of the 
19.3 	month following termination of the joint child's health care coverage.
19.4 	(c) The public authority, if the public authority provides child support enforcement 
19.5 	services, may resume the offset when the party ordered to provide health care coverage 
19.6 	for the joint child has resumed the court-ordered health care coverage or enrolled the 
19.7 	joint child in other health care coverage. The public authority must provide notice to 
19.8 	the parties of the action. If neither party requests a hearing, the public authority must 
19.9 	resume the offset effective the first day of the month following verification that health 
19.10 	care coverage is in place for the joint child.
19.11 	(c) (d) A party may contest the public authority's action to remove or resume the 
19.12 	offset to the child support obligation if the party makes a written request for a hearing 
19.13 	within 30 days after receiving written notice. If a party makes a timely request for a 
19.14 	hearing, the public authority must schedule a hearing and send written notice of the 
19.15 	hearing to the parties by mail to the parties' last known addresses at least 14 days before 
19.16 	the hearing. The hearing must be conducted in district court or in the expedited child 
19.17 	support process if section 484.702 applies. The district court or child support magistrate 
19.18 	must determine whether removing or resuming the offset is appropriate and, if appropriate, 
19.19 	the effective date for the removal or resumption.  
19.20 	(d) If the party does not request a hearing, the public authority will remove the 
19.21 	offset effective the first day of the month following termination of the joint child's health 
19.22 	care coverage.

19.23 	Sec. 18. Minnesota Statutes 2006, section 518A.42, subdivision 1, is amended to read:
19.24 		Subdivision 1.Ability to pay. (a) It is a rebuttable presumption that a child 
19.25 	support order should not exceed the obligor's ability to pay. To determine the amount of 
19.26 	child support the obligor has the ability to pay, the court shall follow the procedure set 
19.27 	out in this section. 
19.28 	(b) The court shall calculate the obligor's income available for support by subtracting 
19.29 	a monthly self-support reserve equal to 120 percent of the federal poverty guidelines 
19.30 	for one person from the obligor's gross income. If the obligor's income available for 
19.31 	support calculated under this paragraph is equal to or greater than the obligor's support 
19.32 	obligation calculated under section 518A.34, the court shall order child support under 
19.33 	section 518A.34. 
19.34 	(c) If the obligor's income available for support calculated under paragraph (b) is 
19.35 	more than the minimum support amount under subdivision 2, but less than the guideline 
20.1 	amount under section 518A.34, then the court shall apply a reduction to the child support 
20.2 	obligation in the following order, until the support order is equal to the obligor's income 
20.3 	available for support: 
20.4 	(1) medical child care support obligation; 
20.5 	(2) child care medical support obligation; and 
20.6 	(3) basic support obligation. 
20.7 	(d) If the obligor's income available for support calculated under paragraph (b) is 
20.8 	equal to or less than the minimum support amount under subdivision 2 or if the obligor's 
20.9 	gross income is less than 120 percent of the federal poverty guidelines for one person, 
20.10 	the minimum support amount under subdivision 2 applies.

20.11 	Sec. 19. Minnesota Statutes 2006, section 518A.43, subdivision 1, is amended to read:
20.12 		Subdivision 1.General factors. Among other reasons, deviation from the 
20.13 	presumptive child support obligation computed under section 518A.34 is intended to 
20.14 	encourage prompt and regular payments of child support and to prevent either parent 
20.15 	or the joint children from living in poverty. In addition to the child support guidelines 
20.16 	and other factors used to calculate the child support obligation under section 518A.34, 
20.17 	the court must take into consideration the following factors in setting or modifying child 
20.18 	support or in determining whether to deviate upward or downward from the presumptive 
20.19 	child support obligation: 
20.20 	(1) all earnings, income, circumstances, and resources of each parent, including real 
20.21 	and personal property, but excluding income from excess employment of the obligor or 
20.22 	obligee that meets the criteria of section 518A.29, paragraph (b); 
20.23 	(2) the extraordinary financial needs and resources, physical and emotional 
20.24 	condition, and educational needs of the child to be supported; 
20.25 	(3) the standard of living the child would enjoy if the parents were currently living 
20.26 	together, but recognizing that the parents now have separate households; 
20.27 	(4) whether the child resides in a foreign country for more than one year that has a 
20.28 	substantially higher or lower cost of living than this country;
20.29 	(5) which parent receives the income taxation dependency exemption and the 
20.30 	financial benefit the parent receives from it; 
20.31 	(5)(6) the parents' debts as provided in subdivision 2; and 
20.32 	(6)(7) the obligor's total payments for court-ordered child support exceed the 
20.33 	limitations set forth in section 571.922. 

20.34 	Sec. 20. Minnesota Statutes 2006, section 518A.46, subdivision 5, is amended to read:
21.1 		Subd. 5.Administrative authority. (a) The public authority may take the 
21.2 	following actions relating to establishment of paternity or to establishment, modification, 
21.3 	or enforcement of support orders, without the necessity of obtaining an order from any 
21.4 	judicial or administrative tribunal:
21.5 	(1) recognize and enforce orders of child support agencies of other states;
21.6 	(2) upon request for genetic testing by a child, parent, or any alleged parent, and 
21.7 	using the procedure in paragraph (b), order the child, parent, or alleged parent to submit to 
21.8 	blood or genetic testing for the purpose of establishing paternity;
21.9 	(3) subpoena financial or other information needed to establish, modify, or enforce a 
21.10 	child support order and sanction a party for failure to respond to a subpoena;
21.11 	(4) upon notice to the obligor, obligee, and the appropriate court, direct the obligor 
21.12 	or other payor to change the payee to the central collections unit under sections 518A.54
21.13 	to 518A.56; 
21.14 	(5) order income withholding of child support under section 518A.53 and sanction 
21.15 	an employer or payor of funds pursuant to section 393.07, subdivision 9a, for failing to 
21.16 	comply with an income withholding notice; 
21.17 	(6) secure assets to satisfy the debt or arrearage in cases in which there is a support 
21.18 	debt or arrearage by:
21.19 	(i) intercepting or seizing periodic or lump sum payments from state or local 
21.20 	agencies, including unemployment benefits, workers' compensation payments, judgments, 
21.21 	settlements, lotteries, and other lump sum payments;
21.22 	(ii) attaching and seizing assets of the obligor held in financial institutions or public 
21.23 	or private retirement funds; and
21.24 	(iii) imposing liens in accordance with section 548.091 and, in appropriate cases, 
21.25 	forcing the sale of property and the distribution of proceeds; 
21.26 	(7) for the purpose of securing overdue support, increase the amount of the monthly 
21.27 	support payments by an additional amount equal to 20 percent of the monthly support 
21.28 	payment to include amounts for debts or arrearages; and
21.29 	(8) subpoena an employer or payor of funds to provide promptly information on the 
21.30 	employment, compensation, and benefits of an individual employed by that employer as 
21.31 	an employee or contractor, and sanction an employer or payor of funds pursuant to section 
21.32 	393.07, subdivision 9a, for failure to respond to the subpoena.; and
21.33 	(9) redirect basic support, medical support, and child care support to a caregiver. A 
21.34 	caregiver is a person or entity now caring for the child who receives public assistance, as 
21.35 	defined in section 256.741, subdivision 1, for the child; has legal responsibility for the 
21.36 	placement of the child through a voluntary placement agreement under section 260C.212, 
22.1 	subdivision 8, that does not address redirection of child support; or has custody of the 
22.2 	child through a court-ordered placement that does not address redirection of child support. 
22.3 	Redirection of support is effective the first day of the month following the date of the 
22.4 	notice to the parties, subject to the following provisions:
22.5 	(i) the public authority must provide notice to the parties and the caregiver  before 
22.6 	redirecting the child support to the caregiver. The notice must be mailed to the obligor, 
22.7 	obligee, and caregiver at their last known addresses. The notice shall state to whom 
22.8 	the support will be redirected, on what date the support will begin to be redirected, and 
22.9 	the dollar amount of the support that will be redirected. The notice shall also state the 
22.10 	process for contesting the redirection;
22.11 	(ii) if fewer than all of the children for whom the support is ordered are placed with 
22.12 	the caregiver, the proportional share of the support for the number of children placed 
22.13 	shall be redirected;
22.14 	(iii) the obligee or obligor may contest the redirection of support on the limited 
22.15 	grounds that the child is not residing with the caregiver or that, under an out-of-home 
22.16 	placement plan under section 260C.212, subdivision 1, that includes a plan for 
22.17 	reunification through the local social services agency, all or part of the support is needed 
22.18 	to maintain the obligee's home. If the obligee or obligor files a motion to contest the 
22.19 	placement or custody of the child, the court may redirect support pending a decision on 
22.20 	the placement or custody motion;
22.21 	(iv) if the obligee or obligor contest the redirection, within 30 calendar days of notice 
22.22 	of intent to redirect support, the obligee or obligor must obtain a hearing date from the 
22.23 	court administrator and serve the public authority, the caregiver, and the other party, with a 
22.24 	copy of the notice of motion and motion and affidavit at least 14 days before the hearing. 
22.25 	The hearing shall be set at the earliest practicable time, but no later than 30 calendar days 
22.26 	from the date a request for a hearing is made. The court administrator shall schedule these 
22.27 	hearings to be heard in the expedited process before a child support magistrate, but may 
22.28 	schedule these hearings in district court if the availability of a child support magistrate 
22.29 	does not permit a hearing to occur within the time frames of this section;
22.30 	(v) the state court administrator's office shall prepare and make available to the 
22.31 	court administrators and obligors and obligees a notice of motion and motion form and 
22.32 	affidavit to be submitted by the obligor or obligee in support of a motion to contest the 
22.33 	redirection; and
22.34 	(vi) the redirection of the basic support, medical support, and child care support 
22.35 	shall be terminated and support shall resume to the obligee when the public authority 
22.36 	is informed that the caregiver who receives public assistance for the child no longer 
23.1 	receives public assistance for the child; the child leaves the placement under the voluntary 
23.2 	placement agreement or the voluntary placement agreement has expired; or the court 
23.3 	order placing the child is no longer in effect.
23.4 	(b) A request for genetic testing by a child, parent, or alleged parent must be 
23.5 	supported by a sworn statement by the person requesting genetic testing alleging paternity, 
23.6 	which sets forth facts establishing a reasonable possibility of the requisite sexual contact 
23.7 	between the parties, or denying paternity, and setting forth facts establishing a reasonable 
23.8 	possibility of the nonexistence of sexual contact between the alleged parties. The order for 
23.9 	genetic tests may be served anywhere within the state and served outside the state in the 
23.10 	same manner as prescribed by law for service of subpoenas issued by the district court of 
23.11 	this state. If the child, parent, or alleged parent fails to comply with the genetic testing 
23.12 	order, the public authority may seek to enforce that order in district court through a motion 
23.13 	to compel testing. No results obtained through genetic testing done in response to an order 
23.14 	issued under this section may be used in any criminal proceeding.
23.15 	(c) Subpoenas may be served anywhere within the state and served outside the 
23.16 	state in the same manner as prescribed by law for service of process of subpoenas issued 
23.17 	by the district court of this state. When a subpoena under this subdivision is served on 
23.18 	a third-party recordkeeper, written notice of the subpoena shall be mailed to the person 
23.19 	who is the subject of the subpoenaed material at the person's last known address within 
23.20 	three days of the day the subpoena is served. This notice provision does not apply if there 
23.21 	is reasonable cause to believe the giving of the notice may lead to interference with the 
23.22 	production of the subpoenaed documents.
23.23 	(d) A person served with a subpoena may make a written objection to the public 
23.24 	authority or court before the time specified in the subpoena for compliance. The public 
23.25 	authority or the court shall cancel or modify the subpoena, if appropriate. The public 
23.26 	authority shall pay the reasonable costs of producing the documents, if requested.
23.27 	(e) Subpoenas are enforceable in the same manner as subpoenas of the district court. 
23.28 	Upon motion of the county attorney, the court may issue an order directing the production 
23.29 	of the records. Failure to comply with the court order may subject the person who fails to 
23.30 	comply to civil or criminal contempt of court.
23.31 	(f) The administrative actions under this subdivision are subject to due process 
23.32 	safeguards, including requirements for notice, opportunity to contest the action, and 
23.33 	opportunity to appeal the order to the judge, judicial officer, or child support magistrate.

23.34 	EFFECTIVE DATE. This section is effective January 1, 2008.

23.35 	Sec. 21. Minnesota Statutes 2006, section 518A.75, subdivision 3, is amended to read:
24.1 		Subd. 3.Result of hearing. If, at a hearing pursuant to this section, the obligor 
24.2 	establishes an insufficient cost of living or other increase in income that prevents 
24.3 	fulfillment of the adjusted maintenance or childbasic support obligation, the court or 
24.4 	child support magistrate may direct that all or part of the adjustment not take effect. If, 
24.5 	at the hearing, the obligor does not establish this insufficient increase in income, the 
24.6 	adjustment shall take effect as of the date it would have become effective had no hearing 
24.7 	been requested.

24.8 	Sec. 22. Minnesota Statutes 2006, section 541.04, is amended to read:
24.9 	541.04 JUDGMENTS, TEN OR 20 YEARS.
24.10 	Except for a child support judgment, no action shall be maintained upon a judgment 
24.11 	or decree of a court of the United States, or of any state or territory thereof, unless begun 
24.12 	within ten years after the entry of such judgment. If the judgment is for child support, 
24.13 	including a judgment by operation of law, the action must be commenced within 20 years 
24.14 	after initial entry of the judgment or within ten years of renewal of the judgment under 
24.15 	section 548.091.

24.16 	Sec. 23. Minnesota Statutes 2006, section 548.09, subdivision 1, is amended to read:
24.17 		Subdivision 1.Entry and docketing; survival of judgment. Except as provided 
24.18 	in section 548.091, every judgment requiring the payment of money shall be entered 
24.19 	by the court administrator when ordered by the court and will be docketed by the court 
24.20 	administrator upon the filing of an affidavit as provided in subdivision 2. Upon a transcript 
24.21 	of the docket being filed with the court administrator in any other county, the court 
24.22 	administrator shall also docket it. From the time of docketing the judgment is a lien, 
24.23 	in the amount unpaid, upon all real property in the county then or thereafter owned by 
24.24 	the judgment debtor, but it is not a lien upon registered land unless it is also recorded 
24.25 	pursuant to sections 508.63 and 508A.63. The judgment survives, and the lien continues, 
24.26 	for ten years after its entry, except that a judgment for child support, including a judgment 
24.27 	by operation of law, survives, and the lien continues, for 20 years after its entry. Child 
24.28 	support judgments may be renewed pursuant to section 548.091.

24.29 	Sec. 24. Minnesota Statutes 2006, section 548.091, subdivision 1a, is amended to read:
24.30 		Subd. 1a.Child support judgment by operation of law. (a) Any payment or 
24.31 	installment of support required by a judgment or decree of dissolution or legal separation, 
24.32 	determination of parentage, an order under chapter 518C, an order under section 256.87, 
24.33 	or an order under section 260B.331 or 260C.331, that is not paid or withheld from the 
25.1 	obligor's income as required under section 518A.53, or which is ordered as child support 
25.2 	by judgment, decree, or order by a court in any other state, is a judgment by operation 
25.3 	of law on and after the date it is due, is entitled to full faith and credit in this state and 
25.4 	any other state, and shall be entered and docketed by the court administrator on the filing 
25.5 	of affidavits as provided in subdivision 2a. Except as otherwise provided by paragraph
25.6 	paragraphs (b) and (e), interest accrues from the date the unpaid amount due is greater 
25.7 	than the current support due at the annual rate provided in section 549.09, subdivision 1, 
25.8 	plus two percent, not to exceed an annual rate of 18 percent. A payment or installment of 
25.9 	support that becomes a judgment by operation of law between the date on which a party 
25.10 	served notice of a motion for modification under section 518A.39, subdivision 2, and the 
25.11 	date of the court's order on modification may be modified under that subdivision.
25.12 	(b) Notwithstanding the provisions of section 549.09, upon motion to the court and 
25.13 	upon proof by the obligor of 12 consecutive months of complete and timely payments 
25.14 	of both current support and court-ordered paybacks of a child support debt or arrearage, 
25.15 	the court may order interest on the remaining debt or arrearage to stop accruing. Timely 
25.16 	payments are those made in the month in which they are due. If, after that time, the obligor 
25.17 	fails to make complete and timely payments of both current support and court-ordered 
25.18 	paybacks of child support debt or arrearage, the public authority or the obligee may move 
25.19 	the court for the reinstatement of interest as of the month in which the obligor ceased 
25.20 	making complete and timely payments.
25.21 	The court shall provide copies of all orders issued under this section to the public 
25.22 	authority. The state court administrator shall prepare and make available to the court and 
25.23 	the parties forms to be submitted by the parties in support of a motion under this paragraph.
25.24 	(c) Notwithstanding the provisions of section 549.09, upon motion to the court, 
25.25 	the court may order interest on a child support debt or arrearage to stop accruing where 
25.26 	the court finds that the obligor is:
25.27 	(1) unable to pay support because of a significant physical or mental disability;
25.28 	(2) a recipient of Supplemental Security Income (SSI), Title II Older Americans 
25.29 	Survivor's Disability Insurance (OASDI), other disability benefits, or public assistance 
25.30 	based upon need; or
25.31 	(3) institutionalized or incarcerated for at least 30 days for an offense other than 
25.32 	nonsupport of the child or children involved, and is otherwise financially unable to pay 
25.33 	support.
25.34 	(d) If the conditions in paragraph (c) no longer exist, upon motion to the court, the 
25.35 	court may order interest accrual to resume retroactively from the date of service of the 
25.36 	motion to resume the accrual of interest.
26.1 	(e) Notwithstanding section 549.09, the public authority must suspend the charging 
26.2 	of interest when:
26.3 	(1) the obligor makes a request to the public authority that the public authority 
26.4 	suspend the charging of interest;
26.5 	(2) the public authority provides full IV-D child support services; and
26.6 	(3) the obligor has made, through the public authority, 12 consecutive months of 
26.7 	complete and timely payments of both current support and court-ordered paybacks of a 
26.8 	child support debt or arrearage.
26.9 	Timely payments are those made in the month in which they are due.
26.10 	Interest charging must be suspended on the first of the month following the date of 
26.11 	the written notice of the public authority's action to suspend the charging of interest. If, 
26.12 	after interest charging has been suspended, the obligor fails to make complete and timely 
26.13 	payments of both current support and court-ordered paybacks of child support debt or 
26.14 	arrearage, the public authority may resume the charging of interest as of the first day of the 
26.15 	month in which the obligor ceased making complete and timely payments. 
26.16 	The public authority must provide written notice to the parties of the public 
26.17 	authority's action to suspend or resume the charging of interest. The notice must inform 
26.18 	the parties of the right to request a hearing to contest the public authority's action. The 
26.19 	notice must be sent by first class mail to the parties' last known addresses. 
26.20 	A party may contest the public authority's action to suspend or resume the charging 
26.21 	of interest if the party makes a written request for a hearing within 30 days of the date 
26.22 	of written notice. If a party makes a timely request for a hearing, the public authority 
26.23 	must schedule a hearing and send written notice of the hearing to the parties by mail to 
26.24 	the parties' last known addresses at least 14 days before the hearing. The hearing must be 
26.25 	conducted in district court or in the expedited child support process if section 484.702 
26.26 	applies. The district court or child support magistrate must determine whether suspending 
26.27 	or resuming the interest charging is appropriate and, if appropriate, the effective date.

26.28 	EFFECTIVE DATE. This section is effective January 1, 2008.

26.29 	Sec. 25. Minnesota Statutes 2006, section 548.091, subdivision 3b, is amended to read:
26.30 		Subd. 3b.Child support judgment administrative renewals. Child support 
26.31 	judgments may be renewed for an additional ten-year period by service of notice upon 
26.32 	the debtor. Service must be by first class mail at the last known address of the debtor, 
26.33 	with service deemed complete upon mailing in the manner designated, or in the manner 
26.34 	provided for the service of civil process. Upon the filing of the notice and proof of 
27.1 	service, the court administrator shall administratively renew the judgment for child 
27.2 	support without any additional filing fee in the same court file as the original child support 
27.3 	judgment. The judgment must be renewed in an amount equal to the unpaid principle 
27.4 	plus the accrued unpaid interest. Child support judgments may be renewed for ten-year 
27.5 	periods multiple times until paid.

27.6 	Sec. 26. Minnesota Statutes 2006, section 550.01, is amended to read:
27.7 	550.01 ENFORCEMENT OF JUDGMENT.
27.8 	Except for a child support judgment, the party in whose favor a judgment is given, 
27.9 	or the assignee of such judgment, may proceed to enforce the same, at any time within 
27.10 	ten years after the entry thereof, in the manner provided by law. If the judgment is for 
27.11 	child support, including a judgment by operation of law, the judgment may be enforced 
27.12 	within 20 years after its initial entry or within ten years of renewal of the judgment under 
27.13 	section 548.091.

27.14 	Sec. 27. APPLICATION.
 27.15 	Sections 22, 23, 25, and 26 apply to child support judgments that have not expired 
27.16 	on or come into existence on or after the effective date of those sections.