Legislative Session number- 83

Bill Name: SF0758

E Relating to family law; reforming and recodifying the law relating+ to
marriage dissolution, child custody and support, spousal maintenance +and
property division ARTICLE 1 - MARRIAGE DISSOLUTION, LEGAL SEPARATION AND
ANNULMENTImposing a marital dissolution fee to be collected by district court
administrators; providing for enforcement of maintenance payment +requirements;
making certain technical and clarifying corrections; removing +provisions
relating to the payment or modification of child support and +specifying certain
renumbering and cross reference correction instructions to the +revisor of
statutes for recodification purposes; repealing certain provisions +relating to
recovery of certain child support enforcement costs, security, +sequestration
and contempt, child support controlling order determination, the +awarding of
temporary maintenance and support, the continuation of child support +after
death of the obligor, automatic termination of support upon +emancipation and a
certain child support modification form and notice requirementsARTICLE 2 -
CUSTODY, PARENTING TIME AND VISITATION Providing for temporary orders for
custody and parenting time; +specifying certain custody or parenting time notice
requirements; providing for +the awarding of attorney fees, costs and
disbursements; providing for +child custody orders, requiring court
consideration of best interests of the child +in determining custody,
prohibiting parent preference, specifying +certain factors to be considered in
determining best interests; providing for joint +custody, specifying certain
factors and presumptions; specifying the access +rights of parents; clarifying
certain custody provisions under marriage +dissolution proceedings; specifying
certain renumbering and cross reference +correction instructions to the revisor
of statutes for recodification purposes; +repealing certain recodified
provisions ARTICLE 3 - CHILD SUPPORT"Minnesota Child Support Act"; defining
certain terms; specifying +certain requirements and preferences for child
support orders, authorizing +departure from certain presumptions under certain
conditions; providing for +temporary child support orders; providing for
determination of the controlling +order in cases of the existence of more than
one order; providing for court +award of attorney fees, costs and disbursements;
providing for the exchange of+ certain information between the parties,
specifying certain documentation +requirements; providing for the protection of
certain personal information; +defining income for child support determination
purposes, specifying certain +exclusions; providing for the determination of
imputed income under certain +conditions; providing for presumptive child
support orders; providing a basic +support computation schedule; providing for
the determination of child care +and medical support, requiring ex-spousal
medical coverage under certain +conditions, imposing certain responsibilities on
employers and obligors, +providing a self support adjustment; requiring the
commissioner of human services to +create and publish a worksheet to assist in
calculating child support, requiring+ annual adjustments; specifying certain
factors to be considered by the court+ in determining whether or not to deviate
from the presumptive +guidelines; requiring written findings; requiring
department of human services +periodic guidelines review; authorizing the
parties to agree to establish a +trust fund for post-secondary education costs;
specifying certain requirements +for court modification of child support orders;
authorizing the court to +rescind child support orders or judgments and order a
new trial or grant other +relief under certain conditions; providing for changes
in custody or parenting +time and for termination of child support under certain
conditions; requiring and +providing for cost of living adjustments to child
support orders; providing for+ the assignment of child support payments to
public authorities +responsible for collection in public assistance cases,
authorizing and providing for +public authority child support collections in
other cases, granting public +authorities certain administrative authority
relating to the establishment of +paternity and to the establishment,
modification or enforcement of child support +orders, providing for the
imposition of service fees and for preparation and +filing of case information
sheets; providing for the sharing of certain information; requiring the
commissioner of +human services to create and maintain a central collections
unit to +receive, process and disburse child support payments and to maintain
payment records, +providing for mandatory payments to the unit; regulating the
withholding of +income for child support orders compliance or arrearages payment
purposes, +providing for certain lump sum payments, authorizing contempt actions
against +employers for failure to comply with withholding requirements;
providing for the establishment of child support deposit or escrow accounts in
+financial institutions; providing for the appointment of trustees under certain
conditions; providing for the treatment of overpayments; requiring +and
providing for the independence of child support and parenting time; +providing
for arrearage payment agreements; providing for certain obligor +employment or
community service orders under certain conditions; providing for +contempt
proceedings and drivers, occupational or recreational license +suspension and
motor vehicle liens for nonpayment of support; providing for the +publication of
names of delinquent child support obligors; specifying certain case +reviewer
availability requirements; providing for child support obligee +entitlement to
recovery of reasonable attorney fees and other collection costs +incurred to
enforce child support judgments; providing for the form of certain +required
notices; appropriating money to the commissioner of human services +and the
state court administrator to fund implementation, requiring the +commissioner to
devise an equitable system to reimburse counties for implementation +costs,
setting an appropriation base for fiscal year 2006 for grants to +counties;
specifying certain cross reference correction instructions to the +revisor of
statutes; repealing certain existing provisions providing for child +and medical
support ARTICLE 4 � MISCELLANEOUS CIVIL LAW PROVISIONSExempting harassment
restraining order actions from mandatory +alternative dispute resolution
requirements; modifying a certain provision +providing for certain alternate
forms of marriage solemnization, adding Buddhists +to the provision providing
for the solemnization of Hindu and Muslim +marriages; providing for the
solemnization of Hmong marriages by Mej Koob, +specifying certain certificate
filing requirements, imposing a fine for +noncompliance with the filing
requirement; modifying the distribution of defined benefit+ pension plan assets
or benefits for marital property division purposes in +marriage dissolution
proceedings; providing for modification of child support obligations of persons
called into active military service under +certain conditions, defining active
military service; modifying the +definition of neglect under reporting of
maltreatment of minors provisions to +include allowing a child to enter into
marriage, report requirement (ra, ja)