SF 806

Introduction - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to child support; requiring consideration of a child's residence in a
foreign country when deviating from the presumptive child support amount;
amending Minnesota Statutes 2006, section 518A.43, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 518A.43, subdivision 1, is amended to
read:

Subdivision 1.

General factors.

Among other reasons, deviation from the
presumptive child support obligation computed under section 518A.34 is intended to
encourage prompt and regular payments of child support and to prevent either parent
or the joint children from living in poverty. In addition to the child support guidelines
and other factors used to calculate the child support obligation under section 518A.34,
the court must take into consideration the following factors in setting or modifying child
support or in determining whether to deviate upward or downward from the presumptive
child support obligation:

(1) all earnings, income, circumstances, and resources of each parent, including real
and personal property, but excluding income from excess employment of the obligor or
obligee that meets the criteria of section 518A.29, paragraph (b);

(2) the extraordinary financial needs and resources, physical and emotional
condition, and educational needs of the child to be supported;

(3) the standard of living the child would enjoy if the parents were currently living
together, but recognizing that the parents now have separate households;

(4) new text begin whether the child is able to maintain a comparable standard of living with a lower
amount of child support because the child resides in a foreign country;
new text end

new text begin (5) new text end which parent receives the income taxation dependency exemption and the
financial benefit the parent receives from it;

deleted text begin (5) deleted text end new text begin (6) new text end the parents' debts as provided in subdivision 2; and

deleted text begin (6) deleted text end new text begin (7) new text end the obligor's total payments for court-ordered child support exceed the
limitations set forth in section 571.922.