1.1 	A bill for an act
1.2 	relating to family law; changing certain custody, paternity, adoption, child 
1.3 	support, medical support, and maintenance provisions; changing a family court 
1.4 	appeal provision; correcting an effective date; amending Minnesota Statutes 
1.5 	2004, sections 257.55, subdivision 1; 257.57, subdivision 2; 257.62, subdivision 
1.6 	5; 257C.03, subdivision 7; 259.58; 484.65, subdivision 9; 518.1705, subdivision 
1.7 	7; 518.175, subdivisions 1, 3; 518.18; 518.551, subdivision 6, by adding a 
1.8 	subdivision; 518.5513, subdivision 3; 518.58, subdivision 4; Minnesota Statutes 
1.9 	2005 Supplement, sections 259.24, subdivision 6a; 518.005, subdivision 6;  Laws 
1.10 	2005, chapter 164, sections 4; 5; 8; 10; 11; 14; 15; 16; 17, subdivision 1; 18; 
1.11 	20; 21; 22, subdivisions 2, 3, 4, 16, 17, 18; 23, subdivisions 1, 2; 24; 25; 26, 
1.12 	subdivision 2, as amended; 31; 32;  2006 H.F.  No. 2656, article 5, section 48, 
1.13 	if enacted; proposing coding for new law in Minnesota Statutes, chapters 257; 
1.14 	518; repealing Minnesota Statutes 2004, section 518.54, subdivision 6; Laws 
1.15 	2005, chapter 164, section 12.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	Section 1. [257.026] NOTIFICATION OF RESIDENCE WITH CERTAIN 
1.18 	CONVICTED PERSONS.
1.19 	A person who is granted or exercises custody of a child or parenting time with a 
1.20 	child under this chapter or chapter 518 must notify the child's other parent, if any, the 
1.21 	county social services agency, and the court that granted the custody or parenting time, if 
1.22 	the person knowingly marries or lives in the same residence with a person who has been 
1.23 	convicted of a crime listed in section 518.179, subdivision 2. 

1.24 	Sec. 2. Minnesota Statutes 2004, section 257.55, subdivision 1, is amended to read:
1.25 		 Subdivision 1.Presumption.  A man is presumed to be the biological father of 
1.26 	a child if:
2.1 	 (a) He and the child's biological mother are or have been married to each other and 
2.2 	the child is born during the marriage, or within 280 days after the marriage is terminated 
2.3 	by death, annulment, declaration of invalidity, dissolution, or divorce, or after a decree of 
2.4 	legal separation is entered by a court. The presumption in this paragraph does not apply if 
2.5 	the man has joined in a recognition of parentage recognizing another man as the biological 
2.6 	father under section 257.75, subdivision 1a;
2.7 	 (b) Before the child's birth, he and the child's biological mother have attempted to 
2.8 	marry each other by a marriage solemnized in apparent compliance with law, although the 
2.9 	attempted marriage is or could be declared void, voidable, or otherwise invalid, and,
2.10 	 (1) if the attempted marriage could be declared invalid only by a court, the child 
2.11 	is born during the attempted marriage, or within 280 days after its termination by death, 
2.12 	annulment, declaration of invalidity, dissolution or divorce; or
2.13 	 (2) if the attempted marriage is invalid without a court order, the child is born within 
2.14 	280 days after the termination of cohabitation;
2.15 	 (c) After the child's birth, he and the child's biological mother have married, or 
2.16 	attempted to marry, each other by a marriage solemnized in apparent compliance with 
2.17 	law, although the attempted marriage is or could be declared void, voidable, or otherwise 
2.18 	invalid, and,
2.19 	 (1) he has acknowledged his paternity of the child in writing filed with the state 
2.20 	registrar of vital statistics;
2.21 	 (2) with his consent, he is named as the child's father on the child's birth record; or
2.22 	 (3) he is obligated to support the child under a written voluntary promise or by 
2.23 	court order;
2.24 	 (d) While the child is under the age of majority, he receives the child into his home 
2.25 	and openly holds out the child as his biological child;
2.26 	 (e) He and the child's biological mother acknowledge his paternity of the child in a 
2.27 	writing signed by both of them under section 257.34 and filed with the state registrar of 
2.28 	vital statistics.  If another man is presumed under this paragraph to be the child's father, 
2.29 	acknowledgment may be effected only with the written consent of the presumed father or 
2.30 	after the presumption has been rebutted;
2.31 	 (f) Evidence of statistical probability of paternity based on blood or genetic testing 
2.32 	establishes the likelihood that he is the father of the child, calculated with a prior 
2.33 	probability of no more than 0.5 (50 percent), is 99 percent or greater; 
2.34 	(g)  He and the child's biological mother have executed a recognition of parentage 
2.35 	in accordance with section 257.75 and another man is presumed to be the father under 
2.36 	this subdivision;
3.1 	(h) (g) He and the child's biological mother have executed a recognition of parentage 
3.2 	in accordance with section 257.75 and another man and the child's mother have executed 
3.3 	a recognition of parentage in accordance with section 257.75; or
3.4 	(i) (h) He and the child's biological mother executed a recognition of parentage in 
3.5 	accordance with section 257.75 when either or both of the signatories were less than 
3.6 	18 years of age.

3.7 	Sec. 3. Minnesota Statutes 2004, section 257.57, subdivision 2, is amended to read:
3.8 		 Subd. 2.Actions under other paragraphs of section 257.55, subdivision 1.  The 
3.9 	child, the mother, or personal representative of the child, the public authority chargeable 
3.10 	by law with the support of the child, the personal representative or a parent of the mother 
3.11 	if the mother has died or is a minor, a man alleged or alleging himself to be the father, or 
3.12 	the personal representative or a parent of the alleged father if the alleged father has died or 
3.13 	is a minor may bring an action:
3.14 	 (1) at any time for the purpose of declaring the existence of the father and child 
3.15 	relationship presumed under section sections 257.55, subdivision 1, paragraph (d), (e), 
3.16 	(f), (g), or (h), and 257.62, subdivision 5, paragraph (b), or the nonexistence of the father 
3.17 	and child relationship presumed under  section 257.55, subdivision 1, clause (d) of that 
3.18 	subdivision;
3.19 	 (2) for the purpose of declaring the nonexistence of the father and child relationship 
3.20 	presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is 
3.21 	brought within six months after the person bringing the action obtains the results of blood 
3.22 	or genetic tests that indicate that the presumed father is not the father of the child;
3.23 	 (3) for the purpose of declaring the nonexistence of the father and child relationship 
3.24 	presumed under section 257.55, subdivision 1, paragraph (f) 257.62, subdivision 5, 
3.25 	paragraph (b), only if the action is brought within three years after the party bringing 
3.26 	the action, or the party's attorney of record, has been provided the blood or genetic test 
3.27 	results; or
3.28 	 (4) for the purpose of declaring the nonexistence of the father and child relationship 
3.29 	presumed under section 257.75, subdivision 9, only if the action is brought by the minor 
3.30 	signatory within six months after the minor signatory reaches the age of 18.  In the case of 
3.31 	a recognition of parentage executed by two minor signatories, the action to declare the 
3.32 	nonexistence of the father and child relationship must be brought within six months after 
3.33 	the youngest signatory reaches the age of 18.

3.34 	Sec. 4. Minnesota Statutes 2004, section 257.62, subdivision 5, is amended to read:
4.1 		 Subd. 5.Positive test results.  (a) If the results of blood or genetic tests completed 
4.2 	in a laboratory accredited by the American Association of Blood Banks indicate that 
4.3 	the likelihood of the alleged father's paternity, calculated with a prior probability of no 
4.4 	more than 0.5 (50 percent), is 92 percent or greater, upon motion the court shall order the 
4.5 	alleged father to pay temporary child support determined according to chapter 518.  The 
4.6 	alleged father shall pay the support money to the public authority if the public authority is 
4.7 	a party and is providing services to the parties or, if not, into court pursuant to the Rules of 
4.8 	Civil Procedure to await the results of the paternity proceedings.
4.9 	 (b) If the results of blood or genetic tests completed in a laboratory accredited by 
4.10 	the American Association of Blood Banks indicate that likelihood of the alleged father's 
4.11 	paternity, calculated with a prior probability of no more than 0.5 (50 percent), is 99 percent 
4.12 	or greater, there is an evidentiary presumption that the alleged father is presumed to be the 
4.13 	parent biological father and the party opposing the establishment of the alleged father's 
4.14 	paternity has the burden of proving by clear and convincing evidence that the alleged 
4.15 	father is not the father of the child.
4.16 	(c) A determination under this subdivision that the alleged father is the biological 
4.17 	father does not preclude the adjudication of another man as the legal father under section 
4.18 	257.55, subdivision 2, nor does it allow the donor of genetic material for assisted 
4.19 	reproduction for the benefit of a recipient parent, whether sperm or ovum (egg), to claim 
4.20 	to be the child's biological or legal parent. 

4.21 	Sec. 5. Minnesota Statutes 2004, section 257C.03, subdivision 7, is amended to read:
4.22 		 Subd. 7.Interested third party; burden of proof; factors.  (a) To establish that an 
4.23 	individual is an interested third party, the individual must:
4.24 	 (1) show by clear and convincing evidence that one of the following factors exist:
4.25 	 (i) the parent has abandoned, neglected, or otherwise exhibited disregard for the 
4.26 	child's well-being to the extent that the child will be harmed by living with the parent;
4.27 	 (ii) placement of the child with the individual takes priority over preserving the 
4.28 	day-to-day parent-child relationship because of the presence of physical or emotional 
4.29 	danger to the child, or both; or
4.30 	 (iii) other extraordinary circumstances; and 
4.31 	 (2) prove by a preponderance of the evidence that it is in the best interests of the 
4.32 	child to be in the custody of the interested third party; and
4.33 	(3) show by clear and convincing evidence that granting the petition would not 
4.34 	violate section 518.179, subdivision 1a.
5.1 	 (b) The following factors must be considered by the court in determining an 
5.2 	interested third party's petition:
5.3 	 (1) the amount of involvement the interested third party had with the child during 
5.4 	the parent's absence or during the child's lifetime;
5.5 	 (2) the amount of involvement the parent had with the child during the parent's 
5.6 	absence;
5.7 	 (3) the presence or involvement of other interested third parties;
5.8 	 (4) the facts and circumstances of the parent's absence;
5.9 	 (5) the parent's refusal to comply with conditions for retaining custody set forth 
5.10 	in previous court orders;
5.11 	 (6)  whether the parent now seeking custody was previously prevented from doing so 
5.12 	as a result of domestic violence;
5.13 	 (7) whether a sibling of the child is already in the care of the interested third party; 
5.14 	and
5.15 	 (8) the existence of a standby custody designation under chapter 257B.
5.16 	 (c) In determining the best interests of the child, the court must apply the standards 
5.17 	in section 257C.04.

5.18 	Sec. 6. Minnesota Statutes 2005 Supplement, section 259.24, subdivision 6a, is 
5.19 	amended to read:
5.20 		Subd. 6a.Withdrawal of consent. Except for consents executed under section 
5.21 	260C.201, subdivision 11, a parent's consent to adoption may be withdrawn for any 
5.22 	reason within ten working days after the consent is executed and acknowledged. Written 
5.23 	notification of withdrawal of consent must be received by the agency to which the 
5.24 	child was surrendered no later than the tenth working day after the consent is executed 
5.25 	and acknowledged. On the day following the tenth working day after execution and 
5.26 	acknowledgment, the consent shall become irrevocable, except upon order of a court 
5.27 	of competent jurisdiction after written findings that consent was obtained by fraud. A 
5.28 	consent to adopt executed under section 260C.201, subdivision 11, is irrevocable upon 
5.29 	proper notice to both parents of the effect of a consent to adopt and acceptance by the 
5.30 	court, except upon order of the same court after written findings that the consent was 
5.31 	obtained by fraud. A consent to adopt executed under section 260C.201, subdivision 11, 
5.32 	is irrevocable upon proper notice to both parents of the effect of a consent to adopt and 
5.33 	acceptance by the court, except upon order of the same court after written findings that the 
5.34 	consent was obtained by fraud. In proceedings to determine the existence of fraud, the 
5.35 	adoptive parents and the child shall be made parties. The proceedings shall be conducted 
6.1 	to preserve the confidentiality of the adoption process. There shall be no presumption in 
6.2 	the proceedings favoring the birth parents over the adoptive parents.

6.3 	Sec. 7. Minnesota Statutes 2004, section 259.58, is amended to read:
6.4 	259.58 COMMUNICATION OR CONTACT AGREEMENTS.
6.5 	 Adoptive parents and a birth relative or foster parents may enter an agreement 
6.6 	regarding communication with or contact between an adopted minor, adoptive parents, and 
6.7 	a birth relative or foster parents under this section.  An agreement may be entered between:
6.8 	 (1) adoptive parents and a birth parent;
6.9 	 (2) adoptive parents and any other birth relative or foster parent with whom the child 
6.10 	resided before being adopted; or
6.11 	 (3) adoptive parents and any other birth relative if the child is adopted by a birth 
6.12 	relative upon the death of both birth parents.
6.13 	 For purposes of this section, "birth relative" means a parent, stepparent, grandparent, 
6.14 	brother, sister, uncle, or aunt of a minor adoptee.  This relationship may be by blood, 
6.15 	adoption, or marriage.  For an Indian child, birth relative includes members of the extended 
6.16 	family as defined by the law or custom of the Indian child's tribe or, in the absence of laws 
6.17 	or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child 
6.18 	Welfare Act, United States Code, title 25, section 1903.
6.19 	 (a) An agreement regarding communication with or contact between minor adoptees, 
6.20 	adoptive parents, and a birth relative is not legally enforceable unless the terms of the 
6.21 	agreement are contained in a written court order entered in accordance with this section.  
6.22 	An order may be sought at any time before a decree of adoption is granted.  The order 
6.23 	must be issued within 30 days of being submitted to the court or by the granting of the 
6.24 	decree of adoption, whichever is earlier.  The court shall not enter a proposed order unless 
6.25 	the terms of the order have been approved in writing by the prospective adoptive parents, 
6.26 	a birth relative or foster parent who desires to be a party to the agreement, and, if the child 
6.27 	is in the custody of or under the guardianship of an agency, a representative of the agency.  
6.28 	A birth parent must approve in writing of an agreement between adoptive parents and any 
6.29 	other birth relative or foster parent, unless an action has been filed against the birth parent 
6.30 	by a county under chapter 260.  An agreement under this section need not disclose the 
6.31 	identity of the parties to be legally enforceable.  The court shall not enter a proposed order 
6.32 	unless the court finds that the communication or contact between the minor adoptee, the 
6.33 	adoptive parents, and a birth relative as agreed upon and contained in the proposed order 
6.34 	would be in the minor adoptee's best interests.  The court shall mail a certified copy of 
7.1 	the order to the parties to the agreement or their representatives at the addresses provided 
7.2 	by the petitioners.
7.3 	 (b) Failure to comply with the terms of an agreed order regarding communication or 
7.4 	contact that has been entered by the court under this section is not grounds for:
7.5 	 (1) setting aside an adoption decree; or
7.6 	 (2) revocation of a written consent to an adoption after that consent has become 
7.7 	irrevocable.
7.8 	 (c) An agreed order entered under this section may be enforced by filing a petition 
7.9 	or motion with the family court that includes a certified copy of the order granting the 
7.10 	communication, contact, or visitation, but only if the petition or motion is accompanied by 
7.11 	an affidavit that the parties have mediated or attempted to mediate any dispute under the 
7.12 	agreement or that the parties agree to a proposed modification.  The prevailing party may 
7.13 	be awarded reasonable attorney's fees and costs.  The court shall not modify an agreed 
7.14 	order under this section unless it finds that the modification is necessary to serve the 
7.15 	best interests of the minor adoptee, and:
7.16 	 (1) the modification is agreed to by the parties to the agreement; or
7.17 	 (2) exceptional circumstances have arisen since the agreed order was entered that 
7.18 	justify modification of the order.
7.19 	(d) For children under state guardianship when there is a written communication 
7.20 	or contact agreement between prospective adoptive parents and birth relatives other than 
7.21 	birth parents it must be included in the final adoption decree unless all the parties agree to 
7.22 	omit it.  If the adoptive parents or birth relatives do not comply with the communication 
7.23 	or contact agreement, the court shall determine the terms of the communication and 
7.24 	contact agreement. 

7.25 	Sec. 8. Minnesota Statutes 2004, section 484.65, subdivision 9, is amended to read:
7.26 		Subd. 9.Referees; review appeal. All recommended orders and findings of 
7.27 	a referee shall be subject to confirmation by said district court judge. Review of any 
7.28 	recommended order or finding of a referee by the district court judge may be had by 
7.29 	notice served and filed within ten days of effective notice of such recommended order or 
7.30 	finding. The notice of review shall specify the grounds for such review and the specific 
7.31 	provisions of the recommended findings or orders disputed, and said district court judge, 
7.32 	upon receipt of such notice of review, shall set a time and place for such review hearing.
7.33 	Fourth Judicial District Family Court referee orders and decrees may be appealed directly 
7.34 	to the Court of Appeals in the same manner as judicial orders and decrees. The time for 
8.1 	appealing an appealable referee order runs from service by any party of written notice of 
8.2 	the filing of the confirmed order.

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

8.4 	Sec. 9. Minnesota Statutes 2005 Supplement, section 518.005, subdivision 6, is 
8.5 	amended to read:
8.6 		Subd. 6.Filing fee. The initial pleading first paper filed for a party in all 
8.7 	proceedings for dissolution of marriage, legal separation, or annulment or proceedings 
8.8 	to establish child support obligations shall be accompanied by a filing fee of $50. The 
8.9 	fee is in addition to any other prescribed by law or rule.

8.10 	EFFECTIVE DATE. This section is effective July 1, 2006.

8.11 	Sec. 10. Minnesota Statutes 2004, section 518.1705, subdivision 7, is amended to read:
8.12 		 Subd. 7.Moving the child to another state.  Parents may agree, but the court must 
8.13 	not require, that in a parenting plan the factors in section 518.17 or 257.025, as applicable, 
8.14 	upon the legal standard that will govern a decision concerning removal of a child's 
8.15 	residence from this state, provided that:
8.16 	 (1) both parents were represented by counsel when the parenting plan was approved; 
8.17 	or
8.18 	 (2) the court found the parents were fully informed, the agreement was voluntary, 
8.19 	and the parents were aware of its implications.

8.20 	Sec. 11. Minnesota Statutes 2004, section 518.175, subdivision 1, is amended to read:
8.21 		Subdivision 1.General. (a) In all proceedings for dissolution or legal separation, 
8.22 	subsequent to the commencement of the proceeding and continuing thereafter during 
8.23 	the minority of the child, the court shall, upon the request of either parent, grant such 
8.24 	parenting time on behalf of the child and a parent as will enable the child and the parent to 
8.25 	maintain a child to parent relationship that will be in the best interests of the child.
8.26 	If the court finds, after a hearing, that parenting time with a parent is likely to 
8.27 	endanger the child's physical or emotional health or impair the child's emotional 
8.28 	development, the court shall restrict parenting time with that parent as to time, place, 
8.29 	duration, or supervision and may deny parenting time entirely, as the circumstances 
8.30 	warrant. The court shall consider the age of the child and the child's relationship with 
8.31 	the parent prior to the commencement of the proceeding.
9.1 	A parent's failure to pay support because of the parent's inability to do so shall not 
9.2 	be sufficient cause for denial of parenting time.
9.3 	(b) The court may provide that a law enforcement officer or other appropriate person 
9.4 	will accompany a party seeking to enforce or comply with parenting time.
9.5 	(c) Upon request of either party, to the extent practicable an order for parenting 
9.6 	time must include a specific schedule for parenting time, including the frequency and 
9.7 	duration of visitation and visitation during holidays and vacations, unless parenting time 
9.8 	is restricted, denied, or reserved.
9.9 	(d) The court administrator shall provide a form for a pro se motion regarding 
9.10 	parenting time disputes, which includes provisions for indicating the relief requested, an 
9.11 	affidavit in which the party may state the facts of the dispute, and a brief description of 
9.12 	the parenting time expeditor process under section  518.1751. The form may not include 
9.13 	a request for a change of custody. The court shall provide instructions on serving and 
9.14 	filing the motion. 
9.15 	(e) In the absence of other evidence, there is a rebuttable presumption that a parent is 
9.16 	entitled to receive at least 25 percent of the parenting time for the child. For purposes of 
9.17 	this paragraph, the percentage of parenting time may be determined by calculating the 
9.18 	number of overnights that a child spends with a parent or by using a method other than 
9.19 	overnights if the parent has significant time periods on separate days when the child is in 
9.20 	the parent's physical custody but does not stay overnight. The court may consider the age 
9.21 	of the child in determining whether a child is with a parent for a significant period of time.

9.22 	Sec. 12. Minnesota Statutes 2004, section 518.175, subdivision 1, is amended to read:
9.23 		Subdivision 1.General. (a) In all proceedings for dissolution or legal separation, 
9.24 	subsequent to the commencement of the proceeding and continuing thereafter during 
9.25 	the minority of the child, the court shall, upon the request of either parent, grant such 
9.26 	parenting time on behalf of the child and a parent as will enable the child and the parent to 
9.27 	maintain a child to parent relationship that will be in the best interests of the child.
9.28 	If the court finds, after a hearing, that parenting time with a parent is likely to 
9.29 	endanger the child's physical or emotional health or impair the child's emotional 
9.30 	development, the court shall restrict parenting time with that parent as to time, place, 
9.31 	duration, or supervision and may deny parenting time entirely, as the circumstances 
9.32 	warrant. The court shall consider the age of the child and the child's relationship with 
9.33 	the parent prior to the commencement of the proceeding.
9.34 	A parent's failure to pay support because of the parent's inability to do so shall not 
9.35 	be sufficient cause for denial of parenting time.
10.1 	(b) The court may provide that a law enforcement officer or other appropriate person 
10.2 	will accompany a party seeking to enforce or comply with parenting time.
10.3 	(c) Upon request of either party, to the extent practicable an order for parenting 
10.4 	time must include a specific schedule for parenting time, including the frequency and 
10.5 	duration of visitation and visitation during holidays and vacations, unless parenting time 
10.6 	is restricted, denied, or reserved.
10.7 	(d) The court administrator shall provide a form for a pro se motion regarding 
10.8 	parenting time disputes, which includes provisions for indicating the relief requested, an 
10.9 	affidavit in which the party may state the facts of the dispute, and a brief description of 
10.10 	the parenting time expeditor process under section  518.1751. The form may not include 
10.11 	a request for a change of custody. The court shall provide instructions on serving and 
10.12 	filing the motion. 
10.13 	(e) In the absence of other evidence, there is a rebuttable presumption that a parent is 
10.14 	entitled to receive at least 25 percent of the parenting time for the child. For purposes of 
10.15 	this paragraph, the percentage of parenting time may be determined by calculating the 
10.16 	number of overnights that a child spends with a parent or by using a method other than 
10.17 	overnights if the parent has significant time periods on separate days when the child is in 
10.18 	the parent's physical custody but does not stay overnight. The court may consider the age 
10.19 	of the child in determining whether a child is with a parent for a significant period of time.

10.20 	Sec. 13. Minnesota Statutes 2004, section 518.175, subdivision 3, is amended to read:
10.21 		 Subd. 3.Move to another state. (a) The parent with whom the child resides shall 
10.22 	not move the residence of the child to another state except upon order of the court or 
10.23 	with the consent of the other parent, if the other parent has been given parenting time by 
10.24 	the decree.  If the purpose of the move is to interfere with parenting time given to the 
10.25 	other parent by the decree, the court shall not permit the child's residence to be moved to 
10.26 	another state.
10.27 	(b) The court shall apply a best interests standard when considering the request of 
10.28 	the parent with whom the child resides to move the child's residence to another state. 
10.29 	The factors the court must consider in determining the child's best interests include, but 
10.30 	are not limited to: 
10.31 	(1) the nature, quality, extent of involvement, and duration of the child's relationship 
10.32 	with the person proposing to relocate and with the nonrelocating person, siblings, and 
10.33 	other significant persons in the child's life; 
11.1 	(2) the age, developmental stage, needs of the child, and the likely impact the 
11.2 	relocation will have on the child's physical, educational, and emotional development, 
11.3 	taking into consideration special needs of the child; 
11.4 	(3) the feasibility of preserving the relationship between the nonrelocating person 
11.5 	and the child through suitable parenting time arrangements, considering the logistics 
11.6 	and financial circumstances of the parties; 
11.7 	(4) the child's preference, taking into consideration the age and maturity of the child; 
11.8 	(5) whether there is an established pattern of conduct of the person seeking the 
11.9 	relocation either to promote or thwart the relationship of the child and the nonrelocating 
11.10 	person; 
11.11 	(6) whether the relocation of the child will enhance the general quality of the life for 
11.12 	both the custodial parent seeking the relocation and the child including, but not limited to, 
11.13 	financial or emotional benefit or educational opportunity; 
11.14 	(7) the reasons of each person for seeking or opposing the relocation; and 
11.15 	(8) the effect on the safety and welfare of the child, or of the parent requesting to 
11.16 	move the child's residence, of domestic abuse, as defined in section 518B.01. 
11.17 	(c) The burden of proof is upon the parent requesting to move the residence of the 
11.18 	child to another state, except that if the court finds that the person requesting permission 
11.19 	to move has been a victim of domestic abuse by the other parent, the burden of proof is 
11.20 	upon the parent opposing the move.  The court must consider all of the factors in this 
11.21 	subdivision in determining the best interests of the child. 

11.22 	Sec. 14. Minnesota Statutes 2004, section 518.18, is amended to read:
11.23 	518.18 MODIFICATION OF ORDER.
11.24 	 (a) Unless agreed to in writing by the parties, no motion to modify a custody order 
11.25 	or parenting plan may be made earlier than one year after the date of the entry of a decree 
11.26 	of dissolution or legal separation containing a provision dealing with custody, except in 
11.27 	accordance with paragraph (c).
11.28 	 (b) If a motion for modification has been heard, whether or not it was granted, unless 
11.29 	agreed to in writing by the parties no subsequent motion may be filed within two years 
11.30 	after disposition of the prior motion on its merits, except in accordance with paragraph (c).
11.31 	 (c) The time limitations prescribed in paragraphs (a) and (b) shall not prohibit a 
11.32 	motion to modify a custody order or parenting plan if the court finds that there is persistent 
11.33 	and willful denial or interference with parenting time, or has reason to believe that the 
11.34 	child's present environment may endanger the child's physical or emotional health or 
11.35 	impair the child's emotional development.
12.1 	 (d) If the court has jurisdiction to determine child custody matters, the court shall 
12.2 	not modify a prior custody order or a parenting plan provision which specifies the child's 
12.3 	primary residence unless it finds, upon the basis of facts, including unwarranted denial of, 
12.4 	or interference with, a duly established parenting time schedule, that have arisen since the 
12.5 	prior order or that were unknown to the court at the time of the prior order, that a change 
12.6 	has occurred in the circumstances of the child or the parties and that the modification is 
12.7 	necessary to serve the best interests of the child.  In applying these standards the court 
12.8 	shall retain the custody arrangement or the parenting plan provision specifying the child's 
12.9 	primary residence that was established by the prior order unless:
12.10 	 (i) the court finds that a change in the custody arrangement or primary residence is in 
12.11 	the best interests of the child and the parties previously agreed, in a writing approved by a 
12.12 	court, to apply the best interests standard in section 518.17 or 257.025, as applicable; and, 
12.13 	with respect to agreements approved by a court on or after April 28, 2000, both parties 
12.14 	were represented by counsel when the agreement was approved or the court found the 
12.15 	parties were fully informed, the agreement was voluntary, and the parties were aware 
12.16 	of its implications;
12.17 	 (ii) both parties agree to the modification;
12.18 	 (iii) the child has been integrated into the family of the petitioner with the consent of 
12.19 	the other party; or 
12.20 	 (iv) the child's present environment endangers the child's physical or emotional 
12.21 	health or impairs the child's emotional development and the harm likely to be caused by a 
12.22 	change of environment is outweighed by the advantage of a change to the child; or 
12.23 	(v) the court has denied a request of the primary custodial parent to move the 
12.24 	residence of the child to another state, and the primary custodial parent has relocated 
12.25 	to another state despite the court's order.
12.26 	 In addition, a court may modify a custody order or parenting plan under section 
12.27 	631.52.
12.28 	 (e) In deciding whether to modify a prior joint custody order, the court shall apply 
12.29 	the standards set forth in paragraph (d) unless:  (1) the parties agree in writing to the 
12.30 	application of a different standard, or (2) the party seeking the modification is asking the 
12.31 	court for permission to move the residence of the child to another state.
12.32 	 (f) If a parent has been granted sole physical custody of a minor and the child 
12.33 	subsequently lives with the other parent, and temporary sole physical custody has been 
12.34 	approved by the court or by a court-appointed referee, the court may suspend the obligor's 
12.35 	child support obligation pending the final custody determination.  The court's order 
13.1 	denying the suspension of child support must include a written explanation of the reasons 
13.2 	why continuation of the child support obligation would be in the best interests of the child.

13.3 	Sec. 15. Minnesota Statutes 2004, section 518.551, is amended by adding a subdivision 
13.4 	to read:
13.5 		Subd. 1a.Scope; payment to public authority. (a) This section applies to all 
13.6 	proceedings involving a support order, including, but not limited to, a support order 
13.7 	establishing an order for past support or reimbursement of public assistance.
13.8 	(b) The court shall direct that all payments ordered for maintenance or support 
13.9 	be made to the public authority responsible for child support enforcement so long as 
13.10 	the obligee is receiving or has applied for public assistance, or has applied for child 
13.11 	support or maintenance collection services. Public authorities responsible for child 
13.12 	support enforcement may act on behalf of other public authorities responsible for child 
13.13 	support enforcement, including the authority to represent the legal interests of or execute 
13.14 	documents on behalf of the other public authority in connection with the establishment, 
13.15 	enforcement, and collection of child support, maintenance, or medical support, and 
13.16 	collection on judgments.
13.17 	(c) Payments made to the public authority other than payments under section 
13.18 	518.6111 must be credited as of the date the payment is received by the central collections 
13.19 	unit.
13.20 	(d) Monthly amounts received by the public agency responsible for child support 
13.21 	enforcement from the obligor that are greater than the monthly amount of public assistance 
13.22 	granted to the obligee must be remitted to the obligee.

13.23 	Sec. 16. Minnesota Statutes 2004, section 518.551, subdivision 6, is amended to read:
13.24 		Subd. 6.Failure of notice. If the court in a dissolution, legal separation or 
13.25 	determination of parentage proceeding, finds before issuing the order for judgment and 
13.26 	decree, that notification has not been given to the public authority, the court shall set child 
13.27 	support according to the guidelines in subdivision 5 as provided in Laws 2005, chapter 
13.28 	164, section 26. In those proceedings in which no notification has been made pursuant to 
13.29 	this section and in which the public authority determines that the judgment is lower than 
13.30 	the child support required by the guidelines in subdivision 5, it shall move the court for a 
13.31 	redetermination of the support payments ordered so that the support payments comply 
13.32 	with the guidelines.

13.33 	Sec. 17. Minnesota Statutes 2004, section 518.5513, subdivision 3, is amended to read:
14.1 		Subd. 3.Contents of pleadings. (a) In cases involving establishment or 
14.2 	modification of a child support order, the initiating party shall include the following 
14.3 	information, if known, in the pleadings:
14.4 	(1) names, addresses, and dates of birth of the parties;
14.5 	(2) Social Security numbers of the parties and the minor children of the parties, 
14.6 	which information shall be considered private information and shall be available only to 
14.7 	the parties, the court, and the public authority;
14.8 	(3) other support obligations of the obligor;
14.9 	(4) names and addresses of the parties' employers;
14.10 	(5) netgross income of the parties as definedcalculated in section  518.551, 
14.11 	subdivision 5, with the authorized deductions itemized 518.7123; 
14.12 	(6) amounts and sources of any other earnings and income of the parties;
14.13 	(7) health insurance coverage of parties;
14.14 	(8) types and amounts of public assistance received by the parties, including 
14.15 	Minnesota family investment plan, child care assistance, medical assistance, 
14.16 	MinnesotaCare, title IV-E foster care, or other form of assistance as defined in section  
14.17 	256.741, subdivision 1; and 
14.18 	(9) any other information relevant to the determinationcomputation of the child or 
14.19 	medical support obligation under section  518.171 or  518.551, subdivision 5 518.713. 
14.20 	(b) For all matters scheduled in the expedited process, whether or not initiated by 
14.21 	the public authority, the nonattorney employee of the public authority shall file with the 
14.22 	court and serve on the parties the following information:
14.23 	(1) information pertaining to the income of the parties available to the public 
14.24 	authority from the Department of Employment and Economic Development;
14.25 	(2) a statement of the monthly amount of child support, medical support, child care, 
14.26 	and arrears currently being charged the obligor on Minnesota IV-D cases;
14.27 	(3) a statement of the types and amount of any public assistance, as defined in 
14.28 	section  256.741, subdivision 1, received by the parties; and 
14.29 	(4) any other information relevant to the determination of support that is known to 
14.30 	the public authority and that has not been otherwise provided by the parties.
14.31 	The information must be filed with the court or child support magistrate at least 
14.32 	five days before any hearing involving child support, medical support, or child care 
14.33 	reimbursement issues.

14.34 	Sec. 18. Minnesota Statutes 2004, section 518.58, subdivision 4, is amended to read:
15.1 		 Subd. 4.Pension plans.  (a) The division of marital property that represents pension 
15.2 	plan benefits or rights in the form of future pension plan payments:
15.3 	 (1) is payable only to the extent of the amount of the pension plan benefit payable 
15.4 	under the terms of the plan;
15.5 	 (2) is not payable for a period that exceeds the time that pension plan benefits are 
15.6 	payable to the pension plan benefit recipient;
15.7 	 (3) is not payable in a lump sum amount from defined benefit pension plan assets 
15.8 	attributable in any fashion to a spouse with the status of an active member, deferred 
15.9 	retiree, or benefit recipient of a pension plan;
15.10 	 (4) if the former spouse to whom the payments are to be made dies prior to the end 
15.11 	of the specified payment period with the right to any remaining payments accruing to an 
15.12 	estate or to more than one survivor, is payable only to a trustee on behalf of the estate or 
15.13 	the group of survivors for subsequent apportionment by the trustee; and
15.14 	 (5) in the case of defined benefit public pension plan benefits or rights, may not 
15.15 	commence until the public plan member submits a valid application for a public pension 
15.16 	plan benefit and the benefit becomes payable.
15.17 	 (b) The individual retirement account plans established under chapter 354B may 
15.18 	provide in its plan document, if published and made generally available, for an alternative 
15.19 	marital property division or distribution of individual retirement account plan assets.  If an 
15.20 	alternative division or distribution procedure is provided, it applies in place of paragraph 
15.21 	(a), clause (5).

15.22 	Sec. 19. [518.7124] POTENTIAL INCOME.
15.23 		Subdivision 1.General. If a parent is voluntarily unemployed, underemployed,  or 
15.24 	employed on a less than full-time basis, or there is no  direct evidence of any income, child 
15.25 	support must be calculated  based on a determination of potential income.  For purposes of 
15.26 	this determination, it is rebuttably presumed that a parent can  be gainfully employed on 
15.27 	a full-time basis. As used in this section, "full time" means 40 hours of  work in a week 
15.28 	except in those industries, trades, or  professions in which most employers, due to custom, 
15.29 	practice, or  agreement, use a normal work week of more or less than 40  hours in a week.  
15.30 		Subd. 2.Methods. Determination of potential income must be made  according 
15.31 	to one of three methods, as appropriate:
15.32 	(1) the parent's probable earnings level based on  employment potential, recent 
15.33 	work history, and occupational  qualifications in light of prevailing job opportunities and 
15.34 	earnings levels in the community;
16.1 	(2) if a parent is receiving unemployment compensation or workers' compensation, 
16.2 	that parent's income may be calculated using the actual amount of the unemployment 
16.3 	compensation or  workers' compensation benefit received; or
16.4 	(3) the amount of income a parent could earn working full  time at 150 percent of the 
16.5 	current federal or state minimum  wage, whichever is higher.
16.6 		Subd. 3.Parent not considered voluntarily unemployed or underemployed.
 16.7 	A parent is not considered voluntarily unemployed or underemployed upon a showing 
16.8 	by the parent that:
16.9 	(1) unemployment or underemployment is temporary and will ultimately lead to 
16.10 	an increase in income; or
16.11 	(2) the unemployment or underemployment represents a bona fide career change that 
16.12 	outweighs the adverse effect of that parent's diminished income on the child.
16.13 		Subd. 4.TANF recipient. If the parent of a joint child is a recipient of a  temporary 
16.14 	assistance to a needy family (TANF) cash grant, no potential income is to be imputed 
16.15 	to that parent.
16.16 		Subd. 5.Caretaker. If a parent stays at home to care for a child who is subject to 
16.17 	the child support order, the court may consider the following factors when determining 
16.18 	whether the parent is  voluntarily unemployed or underemployed:
16.19 	(1) the parties' parenting and child care arrangements  before the child support action; 
16.20 	(2) the stay-at-home parent's employment history, recency  of employment, earnings, 
16.21 	and the availability of jobs within the community for an individual with the parent's 
16.22 	qualifications;  
16.23 	(3) the relationship between the employment-related  expenses, including, but not 
16.24 	limited to, child care and  transportation costs required for the parent to be employed, 
16.25 	and  the income the stay-at-home parent could receive from available  jobs within the 
16.26 	community for an individual with the parent's  qualifications;
16.27 	(4) the child's age and health, including whether the child  is physically or mentally 
16.28 	disabled; and
16.29 	(5) the availability of child care providers.
16.30 	This paragraph does not apply if the parent stays at  home only to care for other 
16.31 	nonjoint children.
16.32 		Subd. 6.Economic conditions. A self-employed parent is not considered to be 
16.33 	voluntarily unemployed or underemployed if that parent can show  that the parent's net 
16.34 	self-employment income is lower because of  economic conditions that are directly related 
16.35 	to the source or sources of that parent's income.

17.1 	Sec. 20. Laws 2005, chapter 164, section 4, is amended to read:
17.2 	Sec. 4.  [518.1781] SIX-MONTH REVIEW.
17.3 	(a) A request for a six-month review hearing form must be  attached to a decree 
17.4 	of dissolution or legal separation or an  order that initially establishes child custody, 
17.5 	parenting time,  or support rights and obligations of parents.  The state court  administrator 
17.6 	is requested to prepare the request for review  hearing form.  The form must include 
17.7 	information regarding the  procedures for requesting a hearing, the purpose of the hearing,  
17.8 	and any other information regarding a hearing under this section  that the state court 
17.9 	administrator deems necessary.  
17.10 	(b) The six-month review hearing shall be held if any party  submits a written request 
17.11 	for a hearing within six months after  entry of a decree of dissolution or legal separation or 
17.12 	order  that establishes child custody, parenting time, or support.  
17.13 	(c) Upon receipt of a completed request for hearing form,  the court administrator 
17.14 	shall provide notice of the hearing to  all other parties and the public authority.  The court  
17.15 	administrator shall schedule the six-month review hearing as  soon as practicable following 
17.16 	the receipt of the hearing request  form.  
17.17 	(d) At the six-month hearing, the court must review:  
17.18 	(1) whether child support is current; and  
17.19 	(2) whether both parties are complying with the parenting  time provisions of the 
17.20 	order.  
17.21 	(e) At the six-month hearing, the obligor has the burden to  present evidence to 
17.22 	establish that child support payments are  current.  A party may request that the public 
17.23 	authority provide  information to the parties and court regarding child support  payments.  A 
17.24 	party must request the information from the public  authority at least 14 days before the 
17.25 	hearing.  The commissioner  of human services must develop a form to be used by the 
17.26 	public  authority to submit child support payment information to the  parties and court.  
17.27 	(f) Contempt of court and all statutory remedies for child  support and parenting time 
17.28 	enforcement may be imposed by the  court at the six-month hearing for noncompliance by 
17.29 	either party  pursuant to chapters 517C and 588 and the Minnesota Court Rules.  
17.30 	(g) A request for a six-month review hearing form must be  attached to a decree or 
17.31 	order signed on or after January 1, 2007, that initially establishes child  support rights and 
17.32 	obligations according to section 517A.29.  

17.33 	Sec. 21. Laws 2005, chapter 164, section 5, is amended to read:
17.34 	Sec. 5. Minnesota Statutes 2004, section 518.54, is amended to read:
17.35 	518.54 DEFINITIONS.
18.1 	Subdivision 1.  Terms. For the purposes of sections 518.1781 and  518.54 to  518.773, 
18.2 	the terms defined in this section  shall have the meanings respectively ascribed to them.  
18.3 	Subd. 2.  Child. "Child" means an individual under 18  years of age, an individual 
18.4 	under age 20 who is still attending  secondary school, or an individual who, by reason of 
18.5 	physical or  mental condition, is incapable of self-support.  
18.6 	Subd. 2a.  Deposit account. "Deposit account" means funds  deposited with a 
18.7 	financial institution in the form of a savings  account, checking account, NOW account, or 
18.8 	demand deposit  account.  
18.9 	Subd. 2b.  Financial institution. "Financial institution"  means a savings association, 
18.10 	bank, trust company, credit union,  industrial loan and thrift company, bank and trust 
18.11 	company, or  savings association, and includes a branch or detached facility  of a financial 
18.12 	institution.  
18.13 	Subd. 3. Maintenance. "Maintenance" means an award made  in a dissolution or 
18.14 	legal separation proceeding of payments from  the future income or earnings of one spouse 
18.15 	for the support and  maintenance of the other.  
18.16 	Subd. 4.  Support money; child support. "Support money"  or "child support" 
18.17 	means an amount for basic support, child care  support, and medical support pursuant to:  
18.18 	(1) an award in a dissolution, legal separation, annulment,  or parentage proceeding 
18.19 	for the care, support and education of  any child of the marriage or of the parties to the 
18.20 	proceeding;   
18.21 	(2) a contribution by parents ordered under section 256.87;  or  
18.22 	(3) support ordered under chapter 518B or 518C.  
18.23 	Subd. 4a. Support order.(a) "Support order" means a  judgment, decree, or order, 
18.24 	whether temporary, final, or subject  to modification, issued by a court or administrative 
18.25 	agency of  competent jurisdiction,:
18.26 	(1) for the support and maintenance of a  child, including a child who has attained 
18.27 	the age of majority  under the law of the issuing state, or;
18.28 	(2) for a child and the parent  with whom the child is living, that provides for 
18.29 	monetary  support, child care, medical support including expenses for  confinement and 
18.30 	pregnancy, arrearages, or reimbursement, and  that; or
18.31 	(3) for the maintenance of a spouse or former spouse.
18.32 	(b) The support order may include related costs and fees, interest and penalties,  
18.33 	income withholding, and other relief.  This definition applies  to orders issued under this 
18.34 	chapter and chapters 256, 257, and  518C.  
18.35 	Subd. 5.  Marital property; exceptions. "Marital  property" means property, real or 
18.36 	personal, including vested  public or private pension plan benefits or rights, acquired by  
19.1 	the parties, or either of them, to a dissolution, legal  separation, or annulment proceeding 
19.2 	at any time during the  existence of the marriage relation between them, or at any time  
19.3 	during which the parties were living together as husband and  wife under a purported 
19.4 	marriage relationship which is annulled  in an annulment proceeding, but prior to the 
19.5 	date of valuation  under section 518.58, subdivision 1.  All property acquired by  either 
19.6 	spouse subsequent to the marriage and before the  valuation date is presumed to be marital 
19.7 	property regardless of  whether title is held individually or by the spouses in a form  
19.8 	of co-ownership such as joint tenancy, tenancy in common,  tenancy by the entirety, or 
19.9 	community property.  Each spouse  shall be deemed to have a common ownership in 
19.10 	marital property  that vests not later than the time of the entry of the decree in  a proceeding 
19.11 	for dissolution or annulment.  The extent of the  vested interest shall be determined and 
19.12 	made final by the court  pursuant to section 518.58.  If a title interest in real  property is held 
19.13 	individually by only one spouse, the interest  in the real property of the nontitled spouse is 
19.14 	not subject to  claims of creditors or judgment or tax liens until the time of  entry of the 
19.15 	decree awarding an interest to the nontitled  spouse.  The presumption of marital property 
19.16 	is overcome by a  showing that the property is nonmarital property.  
19.17 	"Nonmarital property" means property real or personal,  acquired by either spouse 
19.18 	before, during, or after the existence  of their marriage, which  
19.19 	(a) is acquired as a gift, bequest, devise or inheritance  made by a third party to 
19.20 	one but not to the other spouse;  
19.21 	(b) is acquired before the marriage;  
19.22 	(c) is acquired in exchange for or is the increase in value  of property which is 
19.23 	described in clauses (a), (b), (d), and  (e);  
19.24 	(d) is acquired by a spouse after the valuation date; or  
19.25 	(e) is excluded by a valid antenuptial contract.  
19.26 	Subd. 6.  Income. "Income" means any form of periodic  payment to an individual 
19.27 	including, but not limited to, wages,  salaries, payments to an independent contractor, 
19.28 	workers'  compensation, unemployment benefits, annuity, military and naval  retirement, 
19.29 	pension and disability payments.  Benefits received  under Title IV-A of the Social Security 
19.30 	Act and chapter 256J are  not income under this section.  
19.31 	Subd. 7.  Obligee. "Obligee" means a person to whom  payments for maintenance or 
19.32 	support are owed.  
19.33 	Subd. 8.  Obligor. "Obligor" means a person obligated to  pay maintenance or 
19.34 	support.  A person who is designated as the  sole physical custodianhas primary physical 
19.35 	custody of a child is presumed not to be an  obligor for purposes of calculating current
19.36 	a child  support under section 518.551 order under section 518.713, unless section 
20.1 	518.72, subdivision 3, applies or the court makes specific written findings  to overcome 
20.2 	this presumption.  For purposes of ordering medical  support under section 518.719, a 
20.3 	custodial parent who has primary physical custody of a child may be an  obligor subject 
20.4 	to a cost-of-living adjustment under section  518.641 and a payment agreement under 
20.5 	section 518.553.  
20.6 	Subd. 9.  Public authority. "Public authority" means  the   local unit of government, 
20.7 	acting on behalf of the state, that is  responsible for child support enforcement or the 
20.8 	Department of  Human Services, Child Support Enforcement Division.  
20.9 	Subd. 10. Pension plan benefits or rights. "Pension plan  benefits or rights" means 
20.10 	a benefit or right from a public or  private pension plan accrued to the end of the month in 
20.11 	which  marital assets are valued, as determined under the terms of the  laws or other plan 
20.12 	document provisions governing the plan,  including section 356.30.  
20.13 	Subd. 11.  Public pension plan. "Public pension plan"  means a pension plan or 
20.14 	fund specified in section 356.20,  subdivision 2, or 356.30, subdivision 3, the deferred  
20.15 	compensation plan specified in section 352.96, or any retirement  or pension plan or fund, 
20.16 	including a supplemental retirement  plan or fund, established, maintained, or supported by 
20.17 	a  governmental subdivision or public body whose revenues are  derived from taxation, 
20.18 	fees, assessments, or from other public  sources.  
20.19 	Subd. 12.  Private pension plan. "Private pension plan"  means a plan, fund, or 
20.20 	program maintained by an employer or  employee organization that provides retirement 
20.21 	income to  employees or results in a deferral of income by employees for a  period 
20.22 	extending to the termination of covered employment or  beyond.  
20.23 	Subd. 13. Arrears. Arrears are amounts that accrue  pursuant to an obligor's failure 
20.24 	to comply with a support  order.  Past support and pregnancy and confinement expenses  
20.25 	contained in a support order are arrears if the court order does  not contain repayment 
20.26 	terms.  Arrears also arise by the  obligor's failure to comply with the terms of a court order 
20.27 	for  repayment of past support or pregnancy and confinement  expenses.  An obligor's 
20.28 	failure to comply with the terms for  repayment of amounts owed for past support or 
20.29 	pregnancy and  confinement turns the entire amount owed into arrears.  
20.30 	Subd. 14.  IV-D case. "IV-D case" means a case where a  party has assigned to the 
20.31 	state rights to child support because  of the receipt of public assistance as defined in section  
20.32 	256.741 or has applied for child support services under title  IV-D of the Social Security 
20.33 	Act, United States Code, title 42,  section 654(4).  
20.34 	Subd. 15.  Parental income for determining child support  (PICS). "Parental 
20.35 	income for determining child support," or "PICS," means  gross income under subdivision 
20.36 	18 minus deductions for nonjoint  children as allowed byunder section 518.717.  
21.1 	Subd. 16. Apportioned veterans' benefits. "Apportioned  veterans' benefits" means 
21.2 	the amount the Veterans Administration  deducts from the veteran's award and disburses 
21.3 	to the child or  the child's representative payee.  The apportionment of  veterans' benefits 
21.4 	shall be that determined by the Veterans  Administration and governed by Code of Federal 
21.5 	Regulations,  title 38, sections 3.450 to 3.458.  
21.6 	Subd. 17. Basic support. "Basic support" means the basic  support obligation 
21.7 	determined by applying the parent's parental  income for child support, or if there are two 
21.8 	parents, their  combined parental income for child support, to the guideline in  the manner 
21.9 	set out in section 518.725 computed under section 518.713.  Basic support includes  the 
21.10 	dollar amount ordered for a child's housing, food, clothing,  transportation, and education 
21.11 	costs, and other expenses relating  to the child's care.  Basic support does not include 
21.12 	monetary  contributions for a child's child care expenses and medical and  dental expenses.  
21.13 	Subd. 18.  Gross income. "Gross income" means: 
21.14 	(1) the gross income of the parent calculated under section  518.7123; plus  
21.15 	(2) Social Security or veterans' benefit payments received  on behalf of the child 
21.16 	under section 518.718; plus
21.17 	(3) the potential income of the parent, if any, as  determined in subdivision 23; minus
21.18 	(4) spousal maintenance that any party has been ordered to  pay; minus
21.19 	(5) the amount of any existing child support order for  other nonjoint children.  
21.20 	Subd. 19.  Joint child. "Joint child" means the dependent  child who is the son or 
21.21 	daughterchild of both parents in the support  proceeding.  In those cases where support is 
21.22 	sought from only  one parent of a child, a joint child is the child for whom  support is sought.  
21.23 	Subd. 20. Nonjoint child. "Nonjoint child" means the  legal child of one, but not 
21.24 	both of the parents subject to this  determination.  Specifically excluded from this definition 
21.25 	are in the support proceeding. Nonjoint child does not include  stepchildren.  
21.26 	Subd. 21.Parenting time. "Parenting time" means the  amount of time a child is 
21.27 	scheduled to spend with the parent  according to a court order.  Parenting time includes 
21.28 	time with  the child whether it is designated as visitation, physical  custody, or parenting 
21.29 	time. For purposes of section 518.722,  the percentage of parenting time may be calculated 
21.30 	by calculating the number of overnights that a child spends with a  parent, or by using a 
21.31 	method other than overnights if the parent  has significant time periods where the child is 
21.32 	in the parent's  physical custody, but does not stay overnight. 
21.33 	Subd. 22.Payor of funds. "Payor of funds" means a  person or entity that provides 
21.34 	funds to an obligor, including an  employer as defined under chapter 24, section 3401(d), 
21.35 	of the  Internal Revenue Code, an independent contractor, payor of  workers' compensation 
22.1 	benefits or unemployment insurance  benefits, or a financial institution as defined in 
22.2 	section  13B.06.  
22.3 	Subd. 23.  Potential income. "Potential income" is income  determined under this 
22.4 	subdivision.  
22.5 	(a) If a parent is voluntarily unemployed, underemployed,  or employed on a 
22.6 	less than full-time basis, or there is no  direct evidence of any income, child support 
22.7 	shall be calculated  based on a determination of potential income.  For purposes of  this 
22.8 	determination, it is rebuttably presumed that a parent can  be gainfully employed on a 
22.9 	full-time basis.  
22.10 	(b) Determination of potential income shall be made  according to one of three 
22.11 	methods, as appropriate: 
22.12 	(1) the parent's probable earnings level based on  employment potential, recent 
22.13 	work history, and occupational  qualifications in light of prevailing job opportunities and 
22.14 	earnings levels in the community;  
22.15 	(2) if a parent is receiving unemployment compensation or  workers' compensation, 
22.16 	that parent's income may be calculated  using the actual amount of the unemployment 
22.17 	compensation or  workers' compensation benefit received; or  
22.18 	(3) the amount of income a parent could earn working full  time at 150 percent of the 
22.19 	current federal or state minimum  wage, whichever is higher.  
22.20 	(c) A parent is not considered voluntarily unemployed or  underemployed upon a 
22.21 	showing by the parent that:  
22.22 	(1) unemployment or underemployment is temporary and will  ultimately lead to an 
22.23 	increase in income;  
22.24 	(2) the unemployment or underemployment represents a bona  fide career change that 
22.25 	outweighs the adverse effect of that  parent's diminished income on the child; or  
22.26 	(3) the parent is unable to work full time due to a  verified disability or due to 
22.27 	incarceration.  
22.28 	(d) As used in this section, "full time" means 40 hours of  work in a week except in 
22.29 	those industries, trades, or  professions in which most employers due to custom, practice, 
22.30 	or  agreement utilize a normal work week of more or less than 40  hours in a week.  
22.31 	(e) If the parent of a joint child is a recipient of a  temporary assistance to a needy 
22.32 	family (TANF) cash grant, no  potential income shall be imputed to that parent.  
22.33 	(f) If a parent stays at home to care for a child who is  subject to the child support 
22.34 	order, the court may consider the  following factors when determining whether the parent 
22.35 	is  voluntarily unemployed or underemployed:  
22.36 	(1) the parties' parenting and child care arrangements  before the child support action;  
23.1 	(2) the stay-at-home parent's employment history, recency  of employment, earnings, 
23.2 	and the availability of jobs within the  community for an individual with the parent's 
23.3 	qualifications;  
23.4 	(3) the relationship between the employment-related  expenses, including, but not 
23.5 	limited to, child care and  transportation costs required for the parent to be employed, 
23.6 	and  the income the stay-at-home parent could receive from available  jobs within the 
23.7 	community for an individual with the parent's  qualifications;  
23.8 	(4) the child's age and health, including whether the child  is physically or mentally 
23.9 	disabled; and  
23.10 	(5) the availability of child care providers.  
23.11 	(g) Paragraph (f) does not apply if the parent stays at  home to care for other nonjoint 
23.12 	children, only.  
23.13 	(h) A self-employed parent shall not be considered to be  voluntarily unemployed 
23.14 	or underemployed if that parent can show  that the parent's net self-employment income 
23.15 	is lower because of  economic conditions. 
23.16 	Subd. 24.Subd. 22.  Primary physical custody. The parent having  "primary 
23.17 	physical custody" means the parent who provides the  primary residence for a child and is 
23.18 	responsible for the  majority of the day-to-day decisions concerning a child.  
23.19 	Subd. 25.Subd. 23. Social Security benefits. "Social Security  benefits" means 
23.20 	the monthly amountretirement, survivors, or disability insurance benefits that the Social 
23.21 	Security  Administration pays toprovides to a parent for that parent's own benefit or for 
23.22 	the benefit of a joint child or the child's  representative payee due solely to the disability 
23.23 	or retirement  of either parent.  Benefits paid. Social Security benefits do not include 
23.24 	Supplemental Security Income benefits that the Social Security Administration provides 
23.25 	to a parent for the parent's own benefit or  to a parent due to the  disability of a child are 
23.26 	excluded from this definition.  
23.27 	Subd. 26. Split custody. "Split custody" means that each  parent in a two-parent 
23.28 	calculation has primary physical custody  of at least one of the joint children.
23.29 	Subd. 27.Subd. 24. Survivors' and dependents' educational  assistance.
23.30 	"Survivors' and dependents' educational assistance"  are funds disbursed by the Veterans 
23.31 	Administration under United  States Code, title 38, chapter 35, to the child or the child's  
23.32 	representative payee.  

23.33 	Sec. 22. Laws 2005, chapter 164, section 8, is amended to read:
23.34 	Sec. 8.  Minnesota Statutes 2004, section 518.551,  subdivision 5b, is amended to 
23.35 	read:  
24.1 	
24.2 	Subd. 5b.  Providing income  information. (a)  In any case where the parties have 
24.3 	joint children for which a child support order must be determined, the parties shall serve 
24.4 	and file with their initial pleadings or motion documents, a financial affidavit, disclosing 
24.5 	all sources of gross income for purposes of section 518.7123. The financial affidavit shall 
24.6 	include relevant supporting documentation necessary to  calculate the parental income for 
24.7 	child support under section 518.54, subdivision 15, including, but not limited to, pay stubs 
24.8 	for the most recent three months, employer statements, or  statements of receipts and 
24.9 	expenses if self-employed. Documentation of earnings and income also include relevant 
24.10 	copies of each parent's most recent federal tax returns, including W-2 forms, 1099 forms, 
24.11 	unemployment benefit statements, workers' compensation statements, and all other 
24.12 	documents evidencing earnings or income as received that provide verification for the 
24.13 	financial affidavit. The commissioner of human services shall prepare a financial affidavit 
24.14 	form that must be used by the parties for disclosing information under this subdivision.
24.15 	
24.16 	(b) In addition to the requirements of paragraph (a), at any time after an action 
24.17 	seeking child support has been commenced or when a child support order is in effect, a 
24.18 	party or the public authority may require the other party to give them a copy of the party's 
24.19 	most recent federal tax returns that were filed with the Internal Revenue Service. The 
24.20 	party shall  provide a copy of the tax returns within 30 days of receipt of  the request unless 
24.21 	the request is not made in good faith. A  request under this paragraph may not be made 
24.22 	more than once every two years, in the absence of good cause.
24.23 	(c) If a parent under the jurisdiction of the court does not serve and file the financial 
24.24 	affidavit with the parent's initial pleading or motion documents, the court shall set income 
24.25 	for that parent based on credible evidence before the court or in accordance with section 
24.26 	518.54, subdivision 23 518.7124. Credible evidence may include documentation of 
24.27 	current or recent income, testimony of the other parent concerning recent earnings and 
24.28 	income levels, and the parent's wage reports filed with the Minnesota Department of 
24.29 	Employment and Economic Development under section 268.044. The court may consider 
24.30 	credible evidence from one party that the financial affidavit submitted by the other party is 
24.31 	false or inaccurate.
24.32 	(d) If the court determines that a party does not have access to documents that are 
24.33 	required to be disclosed under this section, the court may consider the testimony of that 
24.34 	party as credible evidence of that party's income.

24.35 	Sec. 23. Laws 2005, chapter 164, section 10, is amended to read:
25.1 	Sec. 10. Minnesota Statutes 2004, section 518.64, subdivision 2, is amended to read:
25.2 	
25.3 	Subd. 2.  Modification. (a) The terms of an order  respecting maintenance or support 
25.4 	may be modified upon a showing  of one or more of the following, any of which makes the 
25.5 	terms unreasonable and unfair:  (1) substantially increased or  decreased  gross income of an 
25.6 	obligor or  obligee; (2) substantially increased or decreased need of  an obligor or obligee 
25.7 	or the child or children that are  the subject of these proceedings; (3) receipt of assistance  
25.8 	under the AFDC program formerly codified under sections 256.72  to 256.87 or 256B.01 
25.9 	to 256B.40, or chapter 256J or 256K; (4) a  change in the cost of living for either party 
25.10 	as measured by the  Federal Bureau of Labor Statistics, any of which makes the terms 
25.11 	unreasonable and unfair; (5) extraordinary medical expenses of  the child not provided for 
25.12 	under section 518.171;  (6) the  addition of work-related or education-related child care  
25.13 	expenses of the obligee or a substantial increase or decrease in  existing work-related 
25.14 	or education-related child care expenses;  or (7) upon the emancipation of the child, as 
25.15 	provided in  section 518.64, subdivision 4a.
25.16 	(b) It is presumed that there has been a substantial change  in circumstances under 
25.17 	paragraph (a) and the terms of a current  support order shall be rebuttably presumed to be 
25.18 	unreasonable  and unfair if:  
25.19 	(1) the application of the child support guidelines in section 518.551, subdivision 5
25.20 	518.725, to the current circumstances of  the parties results in a calculated court order that 
25.21 	is at least  20 percent and at least  $75 per month higher or lower than  the current support 
25.22 	order or, if the current support order is less than $75, it results in a calculated court order 
25.23 	that is at least 20 percent per month higher or lower;  
25.24 	(2) the medical support provisions of the order established  under section  518.719 
25.25 	are not enforceable by the public  authority or the obligee;  
25.26 	(3) health coverage ordered under section  518.719  is not available to the child for 
25.27 	whom the order is established  by the parent ordered to provide;   
25.28 	(4) the existing support obligation is in the form of a  statement of percentage and 
25.29 	not a specific dollar amount; or  
25.30 	(5) the gross income of an obligor or obligee has decreased  by at least 20 percent 
25.31 	through no fault or choice of the party.  
25.32 	(c) A child support order is not presumptively modifiable  solely because an obligor 
25.33 	or obligee becomes responsible for the  support of an additional nonjoint child, which is 
25.34 	born after an  existing order.  Section 518.717 shall be considered if other  grounds are 
25.35 	alleged which allow a modification of support.  
26.1 	(d) On a motion for modification of maintenance, including  a motion for the 
26.2 	extension of the duration of a maintenance  award, the court shall apply, in addition to all 
26.3 	other relevant  factors, the factors for an award of maintenance under section  518.552 that 
26.4 	exist at the time of the motion.  On a motion for  modification of support, the court:  
26.5 	(1) shall apply section  518.725, and  shall not consider the financial circumstances of 
26.6 	each party's  spouse, if any; and  
26.7 	(2) shall not consider compensation received by a party for  employment in excess of 
26.8 	a 40-hour work week, provided that the  party demonstrates, and the court finds, that:  
26.9 	(i) the excess employment began after entry of the existing  support order;  
26.10 	(ii) the excess employment is voluntary and not a condition  of employment;  
26.11 	(iii) the excess employment is in the nature of additional,  part-time employment, or 
26.12 	overtime employment compensable by the  hour or fractions of an hour;  
26.13 	(iv) the party's compensation structure has not been  changed for the purpose of 
26.14 	affecting a support or maintenance  obligation;  
26.15 	(v) in the case of an obligor, current child support  payments are at least equal to the 
26.16 	guidelines amount based on  income not excluded under this clause; and  
26.17 	(vi) in the case of an obligor who is in arrears in child  support payments to the 
26.18 	obligee, any net income from excess  employment must be used to pay the arrearages 
26.19 	until the  arrearages are paid in full.  
26.20 	 (e) A modification of support or maintenance, including  interest that accrued 
26.21 	pursuant to section 548.091, may be made  retroactive only with respect to any period 
26.22 	during which the  petitioning party has pending a motion for modification but only  from the 
26.23 	date of service of notice of the motion on the  responding party and on the public authority 
26.24 	if public  assistance is being furnished or the county attorney is the  attorney of record.
26.25 	 (f) Except for an award of the right of occupancy of  the homestead, provided in 
26.26 	section 518.63, all divisions of real  and personal property provided by section 518.58 
26.27 	shall be final,  and may be revoked or modified only where the court finds the  existence 
26.28 	of conditions that justify reopening a judgment under  the laws of this state, including 
26.29 	motions under section 518.145,  subdivision 2.  The court may impose a lien or charge on 
26.30 	the  divided property at any time while the property, or subsequently  acquired property, is 
26.31 	owned by the parties or either of them,  for the payment of maintenance or support money, 
26.32 	or may  sequester the property as is provided by section 518.24.  
26.33 	 (g) The court need not hold an evidentiary hearing on a  motion for modification of 
26.34 	maintenance or support.  
26.35 	 (h) Section 518.14 shall govern the award of attorney  fees for motions brought 
26.36 	under this subdivision.  
27.1 	(i) Except as expressly provided, an enactment, amendment,  or repeal of law does 
27.2 	not constitute a substantial change in the  circumstances for purposes of modifying a 
27.3 	child support order.  
27.4 	(j) There may be no modification of an existing child  support order during the first 
27.5 	year following the effective date  of sections 518.7123 to 518.729 except as follows:  
27.6 	(1) there is at least a 20 percent change in the gross  income of the obligor;  
27.7 	(2) there is a change in the number of joint children for  whom the obligor is legally 
27.8 	responsible and actually supporting;  
27.9 	(3) a parent or another caregiver of the child who is supported by the existing support 
27.10 	order begins to receive public assistance, as defined in section 256.741;
27.11 	(4) there are additional work-related or education-related child care expenses of the 
27.12 	obligee or a substantial increase or decrease in existing work-related or education-related 
27.13 	child care expenses;
27.14 	(5) there is a change in the availability of health care coverage, as defined in section 
27.15 	518.719, subdivision 1, paragraph (a), or a substantial increase or decrease in the cost 
27.16 	of existing health care coverage;
27.17 	(6) the child supported by the existing child support order becomes disabled; or
27.18 	(4)(7) both parents consent to modification of the existing  order in compliance with 
27.19 	the new income shares guidelines under section 518.713.  
27.20 	A modification under clause (4) may be granted only with respect to child care 
27.21 	support. A modification under clause (5) may be granted only with respect to medical 
27.22 	support. This paragraph expires January 1, 2008.
27.23 	(k) On the first modification under the income shares  method of calculation, the 
27.24 	modification of basic support may be limited if the amount of the full variance would 
27.25 	create hardship for either the obligor or the obligee.  
27.26 	Paragraph (j) expires January 1, 2008.

27.27 	Sec. 24. Laws 2005, chapter 164, section 11, is amended to read:
27.28 	Sec. 11. Minnesota Statutes 2004, section 518.64, is amended by adding a 
27.29 	subdivision to read:
27.30 	
27.31 	Subd. 7.  Child care exception.Child care support must be based on the actual child 
27.32 	care expenses. The court may provide  that a reduction decrease in the amount allocated 
27.33 	for of the child care expenses  based on a substantial decrease in the actual child care
27.34 	expenses is effective as  of the date the expense is decreased.  
27.35 	

28.1 	Sec. 25. Laws 2005, chapter 164, section 14, is amended to read:
28.2 	Sec. 14.  [518.7123] CALCULATION OF GROSS INCOME. 
28.3 	(a) Except as excluded below Subject to the exclusions and deductions in this 
28.4 	section, gross income includes income  from any source any form of periodic payment 
28.5 	to an individual, including, but not limited to, salaries, wages,  commissions, advances, 
28.6 	bonuses, dividends, severance pay,  pensions, interest, honoraria, trust income, annuities, 
28.7 	return  on capital, Social Security benefits, workers' compensation benefits, unemployment 
28.8 	insurance benefits, disability insurance  benefits, gifts, prizes, including lottery winnings, 
28.9 	alimony,  spousal maintenance payments, income from self-employment or  operation of 
28.10 	a business, as determinedself-employment income under section 518.7125,  workers' 
28.11 	compensation, unemployment benefits, annuity payments, military and naval retirement, 
28.12 	pension and disability payments, spousal maintenance received under a previous order or 
28.13 	the current proceeding, Social Security or veterans benefits provided for a joint child under 
28.14 	section 518.718, and potential income under section 518.7124.  All salary Salaries, wages, 
28.15 	commissions, or other compensation paid by  third parties shall be based upon Medicare
28.16 	gross income before participation in an employer-sponsored benefit plan that allows an 
28.17 	employee to pay for a benefit or expense using pretax dollars, such as flexible spending 
28.18 	plans and health savings accounts.  No  deductions shall be allowed for contributions to 
28.19 	pensions,  401-K, IRA, or other retirement benefits.  
28.20 	(b) Excluded and not counted in Gross income is does not include compensation 
28.21 	received by a party for employment in excess of a  40-hour work week, provided that:  
28.22 	(1) child support is nonetheless ordered in an amount at  least equal to the guideline 
28.23 	amount based on gross income not  excluded under this clause; and  
28.24 	(2) the party demonstrates, and the court finds, that:  
28.25 	(i) the excess employment began after the filing of the  petition for dissolution or 
28.26 	legal separation or a petition  related to custody, parenting time, or support;  
28.27 	(ii) the excess employment reflects an increase in the work  schedule or hours worked 
28.28 	over that of the two years immediately  preceding the filing of the petition;  
28.29 	(iii) the excess employment is voluntary and not a  condition of employment;  
28.30 	(iv) the excess employment is in the nature of additional,  part-time or overtime 
28.31 	employment compensable by the hour or  fraction of an hour; and  
28.32 	(v) the party's compensation structure has not been changed  for the purpose of 
28.33 	affecting a support or maintenance obligation.  
28.34 	(c) Expense reimbursements or in-kind payments received by  a parent in the course 
28.35 	of employment, self-employment, or  operation of a business shall be counted as income 
28.36 	if they  reduce personal living expenses.  
29.1 	(d) Gross income may be calculated on either an annual or  monthly basis.  Weekly 
29.2 	income shall be translated to monthly  income by multiplying the weekly income by 4.33.  
29.3 	(e) Excluded and not counted asGross income is anydoes not include a child 
29.4 	support  payment received by a party.  It is a rebuttable presumption  that adoption 
29.5 	assistance payments, guardianship assistance  payments, and foster care subsidies are 
29.6 	excluded and not counted  asgross income.  
29.7 	(f) Excluded and not counted asGross income isdoes not include the income of the  
29.8 	obligor's spouse and the obligee's spouse.  
29.9 	(g) Child support or spousal maintenance payments ordered by a court for a nonjoint 
29.10 	child or former spouse or ordered payable to the other party as part of the current 
29.11 	proceeding are deducted from other periodic payments received by a party for purposes of 
29.12 	determining gross income. 
29.13 	(h) Gross income does not include public assistance benefits received under section 
29.14 	256.741 or other forms of public assistance based on need.

29.15 	Sec. 26. Laws 2005, chapter 164, section 15, is amended to read:
29.16 	Sec. 15.  [518.7125] INCOME FROM SELF-EMPLOYMENT OR  
29.17 	OPERATION OF A BUSINESS.
29.18 	For purposes of section 518.7123,  income from self-employment, rent, royalties, 
29.19 	proprietorship or operation of a business, or including joint ownership of a partnership or 
29.20 	closely held corporation, gross income is defined as gross receipts minus costs of goods 
29.21 	sold minus ordinary and necessary expenses required for self-employment or business 
29.22 	operation.  Specifically excluded from ordinary and necessary expenses are amounts 
29.23 	allowable by the Internal Revenue Service for the accelerated component of depreciation 
29.24 	expenses, investment tax credits, or any other business expenses determined by the court 
29.25 	to be inappropriate or excessive for determining gross income for purposes of calculating 
29.26 	child support. The person seeking to deduct an expense, including depreciation, has the 
29.27 	burden of proving, if challenged, that the expense is ordinary and necessary.

29.28 	Sec. 27. Laws 2005, chapter 164, section 16, is amended to read:
29.29 	Sec. 16.  [518.713] COMPUTATION OF CHILD SUPPORT  OBLIGATIONS.
29.30 	(a) To determine the presumptive amount ofchild support owed byobligation of a  
29.31 	parent, the court shall follow the procedure set forth in this section:.
29.32 	(b) To determine the obligor's basic support obligation, the court shall:
29.33 	(1) determine the gross income of each parent using the  definition in section 518.54, 
29.34 	subdivision 18 under section 518.7123;  
30.1 	(2) calculate the parental income for determining child support (PICS)  of each parent 
30.2 	under section 518.54, subdivision 15, by  subtracting from the gross income the credit, if 
30.3 	any, for each  parent's nonjoint children under section 518.717;  
30.4 	(3) determine the percentage contribution of each parent to  the combined PICS by 
30.5 	dividing the combined PICS into each  parent's PICS;  
30.6 	(4) determine the combined basic support obligation by  application of the schedule
30.7 	guidelines in section 518.725;  
30.8 	(5) determine each parent'sthe obligor's share of the basic support  obligation 
30.9 	by multiplying the percentage figure from clause (3)  by the combined basic support 
30.10 	obligation in clause (4); and 
30.11 	(6) determine the parenting expense adjustment, if any, as  provided in section 
30.12 	518.722, and adjust that parent'sthe obligor's basic  support obligation accordingly;. 
30.13 	If the parenting time of the parties is presumed equal, section 518.722, subdivision 3, 
30.14 	applies to the calculation of the basic support obligation and a determination of which 
30.15 	parent is the obligor. 
30.16 	(7)  (c) The court shall determine the child care support obligation for each  parent
30.17 	the obligor as provided in section 518.72;.
30.18 	(8)(d) The court shall determine the health care coverage medical support obligation 
30.19 	for each  parent as provided in section 518.719.  Unreimbursed and  uninsured medical 
30.20 	expenses are not included in the presumptive  amount of support owed by a parent and are 
30.21 	calculated and  collected as described in section 518.722;518.719.
30.22 	(9)(e) The court shall determine each parent's total child support obligation  by 
30.23 	adding together each parent's basic support, child care  support, and health care coverage 
30.24 	obligations as provided in  clauses (1) to (8);
30.25 	(10) reduce or increase each parent's total child support  obligation by the amount of 
30.26 	the health care coverage  contribution paid by or on behalf of the other parent, as  provided 
30.27 	in section 518.719, subdivision 5; this section.
30.28 	(11)(f) If Social Security benefits or veterans' benefits are  received by one parent as 
30.29 	a representative payee for a joint  child due to the other parent's disability or retirement,
30.30 	based on the other parent's eligibility, the court shall   subtract the amount of benefits from 
30.31 	the other parent's net  child support obligation, if any;. 
30.32 	(12) apply the self-support adjustment and minimum support  obligation provisions 
30.33 	as provided in section 518.724; and 
30.34 	(13)(g) The final child support order shall separately  designate the amount owed for 
30.35 	basic support, child care support,  and medical support.  If applicable, the court shall use 
31.1 	the self-support adjustment and minimum support adjustment under section 518.724 to 
31.2 	determine the obligor's child support obligation. 

31.3 	Sec. 28. Laws 2005, chapter 164, section 17, subdivision 1, is amended to read:
31.4 	Subdivision 1.  General factors. Among other reasons,  deviation from the 
31.5 	presumptive guideline amountchild support obligation computed under section 518.713 
31.6 	is intended to  encourage prompt and regular payments of child support and to  prevent 
31.7 	either parent or the joint children from living in  poverty.  In addition to the child support 
31.8 	guidelines and other factors used to calculate the child support obligation under section 
31.9 	518.713, the court  must take into consideration the following factors in setting or  
31.10 	modifying child support or in determining whether to deviate  upward or downward from 
31.11 	the guidelines presumptive child support obligation: 
31.12 	(1) all earnings, income, circumstances, and resources of  each parent, including real 
31.13 	and personal property, but excluding  income from excess employment of the obligor or 
31.14 	obligee that  meets the criteria of section 518.7123, paragraph (b), clause  (2);  
31.15 	(2) the extraordinary financial needs and resources,  physical and emotional 
31.16 	condition, and educational needs of the  child to be supported;  
31.17 	(3) the standard of living the child would enjoy if the  parents were currently living 
31.18 	together, but recognizing that the  parents now have separate households;  
31.19 	(4) which parent receives the income taxation dependency  exemption and the 
31.20 	financial benefit the parent receives from it; 
31.21 	(5) the parents' debts as provided in subdivision 2; and  
31.22 	(6) the obligor's total payments for court-ordered child  support exceed the 
31.23 	limitations set forth in section 571.922.  

31.24 	Sec. 29. Laws 2005, chapter 164, section 18, is amended to read:
31.25 	Sec. 18.  [518.715] WRITTEN FINDINGS.
31.26 	
31.27 	Subdivision 1.  No deviation. If the court does not  deviate from the guidelines
31.28 	presumptive child support obligation computed under section 518.713, the court must 
31.29 	make written  findings concerning the amount of the parties' gross income used as the basis 
31.30 	for the guidelines calculation and that state:
31.31 	(1) each parent's gross income;
31.32 	(2) each parent's PICS; and
31.33 	(3) any other  significant evidentiary factors affecting the child support  determination.  
31.34 	
32.1 	Subd. 2.  Deviation.(a) If the court deviates from the  guidelines by agreement of 
32.2 	the parties or pursuant topresumptive child support obligation computed under section  
32.3 	518.714 518.713, the court must make written findings giving that state:
32.4 	(1) each parent's gross income;
32.5 	(2) each parent's PICS;
32.6 	(3) the amount  of the child support calculatedobligation computed under the 
32.7 	guidelines, section 518.713;
32.8 	(4) the reasons for the  deviation,; and must specifically address
32.9 	(5) how the deviation  serves the best interests of the child; and.
32.10 	(b) determine each parent's gross income and PICS.  
32.11 	
32.12 	Subd. 3.  Written findings required in every case. The  provisions of this section 
32.13 	apply whether or not the parties are  each represented by independent counsel and have 
32.14 	entered into a  written agreement.  The court must review stipulations presented  to it for 
32.15 	conformity to the guidelines with section 518.713.  The court is not  required to conduct a 
32.16 	hearing, but the parties must provide  sufficient documentation to verify the child support  
32.17 	determination, and to  justify any deviation from the guidelines.  
32.18 	

32.19 	Sec. 30. Laws 2005, chapter 164, section 20, is amended to read:
32.20 	Sec. 20.  [518.717] DEDUCTION FROM INCOME FOR NONJOINT 
32.21 	CHILDREN.  
32.22 	(a) When either or both parents of the joint child subject  to this determination are 
32.23 	legally responsible for a nonjoint  child who resides in that parent's household, a credit
32.24 	deduction for this  obligation shall be calculated under this section if:
32.25 	(1) the nonjoint child primarily resides in the parent's household; and
32.26 	(2) the parent is not obligated to pay basic child support for the nonjoint child to the 
32.27 	other parent or a legal custodian of the child under an existing child support order.
32.28 	(b) Determine the gross income for each parent under  section 518.54, subdivision 
32.29 	18. 
32.30 	(c) Using The court shall use the guideline as established in guidelines under section 
32.31 	518.725,  to determine the basic child support obligation for the nonjoint  child or children 
32.32 	who actually reside in the parent's household,  by using the gross income of the parent for 
32.33 	whom the credit deduction is  being calculated, and using the number of nonjoint children  
32.34 	actually primarily residing in the parent's immediate household.  If the number of  nonjoint 
33.1 	children to be used for the determination is greater  than two, the determination shall must 
33.2 	 be made using the number two  instead of the greater number.  
33.3 	(d) (c) The credit deduction for nonjoint children shall be is 50 percent of  the 
33.4 	guideline amount from determined under paragraph (c) (b).  

33.5 	Sec. 31. Laws 2005, chapter 164, section 21, is amended to read:
33.6 	Sec. 21.  [518.718] SOCIAL SECURITY OR VETERANS' BENEFIT  
33.7 	PAYMENTS RECEIVED ON BEHALF OF THE CHILD.
33.8 	(a) The amount of the monthly Social Security benefits or  apportioned veterans' 
33.9 	benefits received by the child or on  behalf of theprovided for a joint child shall be added 
33.10 	toincluded in the gross income of the  parent for whom the disability or retirement benefit 
33.11 	was paid on whose eligibility the benefits are based.  
33.12 	(b) The amount of the monthly survivors' and dependents'  educational assistance 
33.13 	received by the child or on behalf of theprovided for a joint  child shall be added to
33.14 	included in the gross income of the parent for whom  the disability or retirement benefit 
33.15 	was paid on whose eligibility the benefits are based.  
33.16 	(c) If the Social Security or apportioned veterans'  benefits are paid on behalf
33.17 	provided for a joint child based on the eligibility of the obligor, and are received by  the 
33.18 	obligee as a representative payee for the child or by the  child attending school, then the 
33.19 	amount of the benefits mayshall also  be subtracted from the obligor's net child support 
33.20 	obligation as  calculated pursuant to section 518.713.  
33.21 	(d) If the survivors' and dependents' educational  assistance is paid on behalf
33.22 	provided for a joint child based on the eligibility of the obligor, and is received by  the 
33.23 	obligee as a representative payee for the child or by the  child attending school, then the 
33.24 	amount of the assistance shall  also be subtracted from the obligor's net child support  
33.25 	obligation as calculated pursuant to under section 518.713.  

33.26 	Sec. 32. Laws 2005, chapter 164, section 22, subdivision 2, is amended to read:
33.27 	
33.28 	Subd. 2. Order. (a) A completed national medical support  notice issued by the 
33.29 	public authority or a court order that  complies with this section is a qualified medical 
33.30 	child support  order under the federal Employee Retirement Income Security Act  of 1974 
33.31 	(ERISA), United States Code, title 29, section 1169(a).  
33.32 	
33.33 	(b) Every order addressing child support must state:  
34.1 	(1) the names, last known addresses, and Social Security  numbers of the parents and 
34.2 	the joint child that is a subject of  the order unless the court prohibits the inclusion of an 
34.3 	address  or Social Security number and orders the parents to provide the  address and Social 
34.4 	Security number to the administrator of the  health plan;  
34.5 	(2) whether appropriate health care coverage for the joint  child is available and, if 
34.6 	so, state:  
34.7 	(i) which partyparent must carry health care coverage;  
34.8 	(ii) the cost of premiums and how the cost is allocated  between the parties parents;  
34.9 	(iii) how unreimbursed expenses will be allocated and  collected by the parties
34.10 	parents; and  
34.11 	(iv) the circumstances, if any, under which the obligation  to provide health care 
34.12 	coverage for the joint child will shift  from one party parent to the other; and
34.13 	(3) if appropriate health care coverage is not available  for the joint child, whether a 
34.14 	contribution for medical support  is required; and.
34.15 	(4) whether the amount ordered for medical support is  subject to a cost-of-living 
34.16 	adjustment under section 518.641.  

34.17 	Sec. 33. Laws 2005, chapter 164, section 22, subdivision 3, is amended to read:
34.18 	
34.19 	Subd. 3.  Determining appropriate health care  coverage. (a) In determining 
34.20 	whether a partyparent has appropriate  health care coverage for the joint child, the court 
34.21 	must  evaluate the health plan using the following factors:  
34.22 	
34.23 	(1) accessible coverage.  Dependent health care coverage is  accessible if the covered 
34.24 	joint child can obtain services from a  health plan provider with reasonable effort by the 
34.25 	parent with  whom the joint child resides.  Health care coverage is presumed  accessible if:  
34.26 	(i) primary care coverage is available within 30 minutes or  30 miles of the joint 
34.27 	child's residence and specialty care  coverage is available within 60 minutes or 60 miles of 
34.28 	the joint  child's residence;  
34.29 	(ii) the coverage is available through an employer and the  employee can be expected 
34.30 	to remain employed for a reasonable  amount of time; and  
34.31 	(iii) no preexisting conditions exist to delay coverage  unduly;  
34.32 	(2) comprehensive coverage.  Dependent health care coverage  is presumed 
34.33 	comprehensive if it includes, at a minimum, medical and  hospital coverage and provides 
34.34 	for preventive, emergency, acute,  and chronic care.  If both partiesparents have health care 
35.1 	coverage  that meets the minimum requirements, the court must determine  which health 
35.2 	care coverage is more comprehensive by considering  whether the coverage includes:  
35.3 	(i) basic dental coverage;  
35.4 	(ii) orthodontia;  
35.5 	(iii) eyeglasses;  
35.6 	(iv) contact lenses;  
35.7 	(v) mental health services; or  
35.8 	(vi) substance abuse treatment;  
35.9 	(3) affordable coverage.  Dependent health care coverage is  affordable if it is 
35.10 	reasonable in cost; and  
35.11 	(4) the joint child's special medical needs, if any.  
35.12 	(b) If both partiesparents have health care coverage available for  a joint child, and 
35.13 	the court determines under paragraph (a),  clauses (1) and (2), that the available coverage is 
35.14 	comparable  with regard to accessibility and comprehensiveness, the least  costly health 
35.15 	care coverage is the presumed appropriate health  care coverage for the joint child.

35.16 	Sec. 34. Laws 2005, chapter 164, section 22, subdivision 4, is amended to read:
35.17 	
35.18 	Subd. 4. Ordering health care coverage. (a) If a joint  child is presently enrolled 
35.19 	in health care coverage, the court  must order that the parent who currently has the joint 
35.20 	child  enrolled continue that enrollment unless the partiesparents agree  otherwise or a 
35.21 	party parent requests a change in coverage and the court  determines that other health 
35.22 	care coverage is more appropriate.  
35.23 	
35.24 	(b) If a joint child is not presently enrolled in health  care coverage, upon motion of a 
35.25 	partyparent or the public authority,  the court must determine whether one or both parties
35.26 	parents have  appropriate health care coverage for the joint child and order  the partyparent 
35.27 	with appropriate health care coverage available to  carry the coverage for the joint child.  
35.28 	(c) If only one partyparent has appropriate health care coverage  available, the court 
35.29 	must order that partyparent to carry the coverage  for the joint child.  
35.30 	(d) If both partiesparents have appropriate health care coverage  available, the court 
35.31 	must order the parent with whom the joint  child resides to carry the coverage for the 
35.32 	joint child, unless:  
35.33 	(1) either partyparent expresses a preference for coverage  available through the 
35.34 	parent with whom the joint child does not  reside;  
36.1 	(2) the parent with whom the joint child does not reside is  already carrying 
36.2 	dependent health care coverage for other  children and the cost of contributing to the 
36.3 	premiums of the  other parent's coverage would cause the parent with whom the  joint 
36.4 	child does not reside extreme hardship; or  
36.5 	(3) the parents agree to provide coverage and agree on the  allocation of costs.  
36.6 	(e) If the exception in paragraph (d), clause (1) or (2),  applies, the court must 
36.7 	determine which partyparent has the most  appropriate coverage available and order that 
36.8 	partyparent to carry  coverage for the joint child.  If the court determines under  subdivision 
36.9 	3, paragraph (a), clauses (1) and (2), that the  parties'parents' health care coverage for 
36.10 	the joint child is comparable  with regard to accessibility and comprehensiveness, the 
36.11 	court  must presume that the partyparent with the least costly health care  coverage to 
36.12 	carry coverage for the joint child.  
36.13 	(f) If neither partyparent has appropriate health care coverage  available, the court 
36.14 	must order the parents to:  
36.15 	(1) contribute toward the actual health care costs of the  joint children based on 
36.16 	a pro rata share; or  
36.17 	(2) if the joint child is receiving any form of medical  assistance under chapter 256B 
36.18 	or MinnesotaCare under chapter  256L, the parent with whom the joint child does not 
36.19 	reside shall  contribute a monthly amount toward the actual cost of medical  assistance 
36.20 	under chapter 256B or MinnesotaCare under chapter  256L.  The amount of contribution of 
36.21 	the noncustodial parent is  the amount the noncustodial parent would pay for the child's  
36.22 	premiums if the noncustodial parent's PICS income meets the  eligibility requirements for 
36.23 	public coverage.  For purposes of  determining the premium amount, the noncustodial 
36.24 	parent's  household size is equal to one parent plus the child or children  who are the 
36.25 	subject of the child support order.  If the  noncustodial parent's PICS income exceeds the 
36.26 	eligibility  requirements for public coverage, the court must order the  noncustodial parent's 
36.27 	contribution toward the full premium cost  of the child's or children's coverage.  The 
36.28 	custodial parent's  obligation is determined under the requirements for public  coverage as 
36.29 	set forth in chapter 256B or 256L.  The court may  order the parent with whom the child 
36.30 	resides to apply for public  coverage for the child.  
36.31 	(g) A presumption of no less than $50 per month must be  applied to the actual health 
36.32 	care costs of the joint children or  to the cost of health care coverage.  
36.33 	(h) (g) The commissioner of human services must publish a table  with the premium 
36.34 	schedule for public coverage and update the  chart for changes to the schedule by July 
36.35 	1 of each year.

37.1 	Sec. 35. Laws 2005, chapter 164, section 22, subdivision 16, is amended to read:
37.2 	
37.3 	Subd. 16.  Income withholding; Offset. (a) If a party  owes no joint child support 
37.4 	obligation for a child is the parent with primary physical custody as defined in section 
37.5 	518.54, subdivision 24, and is an  obligor ordered to contribute to the other party's cost for  
37.6 	carrying health care coverage for the joint child, the obligor other party's child support 
37.7 	obligation  is subject to an offset under subdivision 5 or income  withholding under section 
37.8 	518.6111.  
37.9 	
37.10 	(b) If a party's court-ordered health care coverage for the  joint child terminates and 
37.11 	the joint child is not enrolled in  other health care coverage or public coverage, and a 
37.12 	modification motion is not pending, the public authority may  remove the offset to a party's 
37.13 	child support obligation or  terminate income withholding instituted against a party under 
37.14 	section 518.6111.  The public authority must provide notice to  the parties of the action.  
37.15 	(b) The public authority, if the public authority provides services, may remove the 
37.16 	offset to a party's child support obligation when: 
37.17 	(1) the party's court-ordered health care coverage for the joint child terminates; 
37.18 	(2) the party does not enroll the joint child in other health care coverage; and 
37.19 	(3) a modification motion is not pending.
37.20 	The public authority must provide notice to the parties of the action.
37.21 	(c) A party may contest the public authority's action to  remove the offset to the child 
37.22 	support obligation or terminate  income withholding if the party makes a written request 
37.23 	for a  hearing within 30 days after receiving written notice.  If a  party makes a timely 
37.24 	request for a hearing, the public authority  must schedule a hearing and send written notice 
37.25 	of the hearing  to the parties by mail to the parties' last known addresses at  least 14 days 
37.26 	before the hearing.  The hearing must be conducted  in district court or in the expedited 
37.27 	child support process if  section 484.702 applies.  The district court or child support  
37.28 	magistrate must determine whether removing the offset or  terminating income withholding
37.29 	is appropriate and, if  appropriate, the effective date for the removal or termination.  
37.30 	(d) If the party does not request a hearing, the district  court or child support 
37.31 	magistrate must order the offset or  income withholding termination public authority will 
37.32 	remove the offset effective the first day of the  month following termination of the joint 
37.33 	child's health care  coverage.

37.34 	Sec. 36. Laws 2005, chapter 164, section 22, subdivision 17, is amended to read:
37.35 	
38.1 	Subd. 17.  Collecting unreimbursed and or uninsured medical expenses. (a) This 
38.2 	subdivision and subdivision 18 apply when a court order has determined and ordered the 
38.3 	parties' proportionate share and responsibility to contribute to unreimbursed or uninsured 
38.4 	medical expenses.
38.5 	(b) A party requesting reimbursement of unreimbursed or uninsured medical 
38.6 	expenses must initiate a request for reimbursement  of unreimbursed and uninsured medical 
38.7 	expensesto the other party within two years  of the date that the requesting party incurred 
38.8 	the unreimbursed or  uninsured medical expenses.  The time period in this paragraph 
38.9 	does not apply if the location of the other party is unknown. If a court order has been 
38.10 	signed ordering the contribution towards unreimbursed or uninsured expenses, a two-year 
38.11 	limitations provision must be applied to any requests made on or after January 1, 2007. 
38.12 	The provisions of this section apply retroactively to court orders signed before January 1, 
38.13 	2007. Requests for unreimbursed or uninsured expenses made on or after January 1, 2007, 
38.14 	may include expenses incurred before January 1, 2007, and on or after January 1, 2005.
38.15 	(b) (c) A requesting party seeking reimbursement of unreimbursed and  uninsured 
38.16 	medical expenses must mail a written notice of intent  to collect the unreimbursed or 
38.17 	uninsured medical expenses and a copy of an affidavit of health  care expenses to the other 
38.18 	party at the other party's last known  address.  
38.19 	(c) (d) The written notice must include a statement that the other party has 30 days 
38.20 	from the date the notice was mailed to (1) pay  in full; (2) enter agree to a payment 
38.21 	agreement schedule; or (3) file a motion  requesting a hearing contesting the matter to 
38.22 	contest the amount due or to set a court-ordered monthly payment amount.  If the public  
38.23 	authority provides support enforcement services, the written  notice also must include a 
38.24 	statement that, if the other party does not respond within the 30 days, the requesting party  
38.25 	mustmay submit the amount due to the public authority for  collection.  
38.26 	(d) (e) The affidavit of health care expenses must itemize and  document the joint 
38.27 	child's unreimbursed or uninsured medical  expenses and include copies of all bills, 
38.28 	receipts, and  insurance company explanations of benefits.  
38.29 	(f) If the other party does not respond to the request for reimbursement within 
38.30 	30 days, the requesting party may commence enforcement against the other party 
38.31 	under subdivision 18; file a motion for a court-ordered monthly payment amount under 
38.32 	paragraph (h); or notify the public authority, if the public authority provides services, that 
38.33 	the other party has not responded.
38.34 	(e) If (g) The notice to the public authority provides support enforcement  services, 
38.35 	the party seeking reimbursement must send to the  public authority must include: a copy of 
39.1 	the written notice, a copy of the original  affidavit of health care expenses, and copies of all 
39.2 	bills, receipts, and insurance  company explanations of benefits.  
39.3 	(f) If the party does not respond to the request for  reimbursement within 30 days, 
39.4 	the party seeking reimbursement or  public authority, if the public authority provides 
39.5 	support  enforcement services, must commence an enforcement action  against the party 
39.6 	under subdivision 18.  
39.7 	(g) (h) If noticed under paragraph (f), the public authority must serve the other party 
39.8 	with a  notice of intent to enforce unreimbursed and uninsured medical  expenses and file 
39.9 	an affidavit of service by mail with the  district court administrator.  The notice must state 
39.10 	that,  unless the other party has 14 days to (1) pays pay in full; or (2) enters into a payment 
39.11 	agreement; or (3) files file a motion contesting to contest the matter within 14  days of 
39.12 	service of the notice, amount due or to set a court-ordered monthly payment amount. The 
39.13 	notice must also state that if there is no response within 14 days, the public authority will  
39.14 	commence enforcement of the expenses as medical support arrears  under subdivision 18.  
39.15 	(h) If the (i) To contest the amount due or set a court-ordered monthly payment 
39.16 	amount, a party files must file a timely motion for a hearing  contesting the requested 
39.17 	reimbursement, the contesting party  must and schedule a hearing in district court or in 
39.18 	the expedited  child support process if section 484.702 applies.  The  contesting moving
39.19 	party must provide the other party seeking reimbursement  and the public authority, if the 
39.20 	public authority provides  support enforcement services, with written notice of the hearing
39.21 	at least 14 days before the hearing by mailing notice of the  hearing to the public authority 
39.22 	and to the requesting party at the requesting party's  last known address.  The moving party 
39.23 	seeking reimbursement must file  the original affidavit of health care expenses with the 
39.24 	court at  least five days before the hearing.  Based upon the evidence  presented, The district 
39.25 	court or child support magistrate must  determine liability for the expenses and order that 
39.26 	the liable  party is subject to enforcement of the expenses as medical  support arrears under 
39.27 	subdivision 18 or set a court-ordered monthly payment amount.

39.28 	Sec. 37. Laws 2005, chapter 164, section 22, subdivision 18, is amended to read:
39.29 	
39.30 	Subd. 18. Enforcing an order for unreimbursed or uninsured medical support
39.31 	expenses as arrears. (a) If a party liable for Unreimbursed and or uninsured  medical 
39.32 	expenses owes a child support obligation to the party  seeking reimbursement of the 
39.33 	expenses, the expenses must be enforced under this subdivision are  collected as medical 
39.34 	support arrears.  
39.35 	
40.1 	(b) If a party liable for unreimbursed and uninsured  medical expenses does not owe 
40.2 	a child support obligation to the  party seeking reimbursement, and the party seeking 
40.3 	reimbursement  owes the liable party basic support arrears, the liable party's  medical 
40.4 	support arrears must be deducted from the amount of the  basic support arrears.  
40.5 	(c) If a liable party owes medical support arrears after  deducting the amount owed 
40.6 	from the amount of the child support  arrears owed by the party seeking reimbursement, 
40.7 	it must be  collected as follows:  
40.8 	(1) if the party seeking reimbursement owes a child support  obligation to the liable 
40.9 	party, the child support obligation  must be reduced by 20 percent until the medical support 
40.10 	arrears  are satisfied;  
40.11 	(2) if the party seeking reimbursement does not owe a child  support obligation to 
40.12 	the liable party, the liable party's  income must be subject to income withholding under 
40.13 	section  518.6111 for an amount required under section 518.553 until the  medical support 
40.14 	arrears are satisfied; or  
40.15 	(3) if the party seeking reimbursement does not owe a child  support obligation, and 
40.16 	income withholding under section  518.6111 is not available, payment of the medical 
40.17 	support  arrears must be required under a payment agreement under section  518.553.  
40.18 	(d) If a liable party fails to enter into or comply with a  payment agreement, the party 
40.19 	seeking reimbursement or the public  authority, if it provides support enforcement services, 
40.20 	may  schedule a hearing to have a court order payment.  The party  seeking reimbursement 
40.21 	or the public authority must provide the  liable party with written notice of the hearing at 
40.22 	least 14 days  before the hearing.  
40.23 	(b) If the liable party is the parent with primary physical custody as defined in 
40.24 	section 518.54, subdivision 24, the unreimbursed or uninsured medical expenses must be 
40.25 	deducted from any arrears the requesting party owes the liable party. If unreimbursed or 
40.26 	uninsured expenses remain after the deduction, the expenses must be collected as follows:
40.27 	(1) If the requesting party owes a current child support obligation to the liable party, 
40.28 	20 percent of each payment received from the requesting party must be returned to the 
40.29 	requesting party. The total amount returned to the requesting party each month must not 
40.30 	exceed 20 percent of the current monthly support obligation.
40.31 	(2) If the requesting party does not owe current child support or arrears, a payment 
40.32 	agreement under section 518.553 is required. If the liable party fails to enter into or 
40.33 	comply with a payment agreement, the requesting party or the public authority, if the 
40.34 	public authority provides services, may schedule a hearing to set a court-ordered payment. 
40.35 	The requesting party or the public authority must provide the liable party with written 
40.36 	notice of the hearing at least 14 days before the hearing.
41.1 	(c) If the liable party is not the parent with primary physical custody as defined in 
41.2 	section 518.54, subdivision 24, the unreimbursed or uninsured medical expenses must be 
41.3 	deducted from any arrears the requesting party owes the liable party. If unreimbursed or 
41.4 	uninsured expenses remain after the deduction, the expenses must be added and collected 
41.5 	as arrears owed by the liable party.

41.6 	Sec. 38. Laws 2005, chapter 164, section 23, subdivision 1, is amended to read:
41.7 	Subdivision 1.  Child care costs. Unless otherwise agreed  to by the parties and 
41.8 	approved by the court, the court must  order that work-related or education-related child 
41.9 	care costs of  joint children be divided between the obligor and obligee based  on their 
41.10 	proportionate share of the parties' combined monthly  parental income for determining 
41.11 	child support PICS.  Child care costs  shall be adjusted by the amount of the estimated 
41.12 	federal and  state child care credit payable on behalf of a joint child.  The  Department of 
41.13 	Human Services shall develop tables to calculate  the applicable credit based upon the 
41.14 	custodial parent's parental  income for determining child support PICS.  

41.15 	Sec. 39. Laws 2005, chapter 164, section 23, subdivision 2, is amended to read:
41.16 	Subd. 2.  Low-income obligor. (a) If the obligor's  parental income for determining 
41.17 	child supportPICS meets the income  eligibility requirements for child care assistance 
41.18 	under the  basic sliding fee program under chapter 119B, the court must  order the obligor 
41.19 	to pay the lesser of the following amounts:  
41.20 	(1) the amount of the obligor's monthly co-payment for  child care assistance under 
41.21 	the basic sliding fee schedule  established by the commissioner of education under chapter 
41.22 	119B,  based on an obligor's monthly parental income for determining  child supportPICS 
41.23 	and the size of the obligor's household provided  that the obligee is actually receiving child 
41.24 	care assistance  under the basic sliding fee program.  For purposes of this  subdivision, 
41.25 	the obligor's household includes the obligor and  the number of joint children for whom 
41.26 	child support is being  ordered; or  
41.27 	(2) the amount of the obligor's child care obligation under  subdivision 1.  
41.28 	(b) The commissioner of human services must publish a table  with the child care 
41.29 	assistance basic sliding fee amounts and  update the table for changes to the basic sliding 
41.30 	fee schedule  by July 1 of each year.  

41.31 	Sec. 40. Laws 2005, chapter 164, section 24, is amended to read:
41.32 	Sec. 24.  [518.722] PARENTING EXPENSE ADJUSTMENT.  
42.1 		Subdivision 1.General. (a) This section shall apply when the amount of parenting 
42.2 	time granted to an obligor is ten percent or greater.   The parenting expense adjustment 
42.3 	under this section reflects the  presumption that while exercising parenting time, a parent is 
42.4 	responsible for and incurs costs of caring for the child, including, but not limited to, food, 
42.5 	transportation, recreation,  and household expenses. Every  child support order shall specify 
42.6 	the total percentpercentage of parenting  time granted to or presumed for each parent.  For 
42.7 	purposes of this section, the percentage of parenting time means the percentage of time a 
42.8 	child is scheduled to spend with the parent during a calendar year according to a court 
42.9 	order. Parenting time includes time with the child whether it is designated as visitation, 
42.10 	physical custody, or parenting time. The percentage of parenting time may be determined 
42.11 	by calculating the number of overnights that a child spends with a parent, or by using a 
42.12 	method other than overnights if the parent has significant time periods on separate days 
42.13 	where the child is in the parent's physical custody and under the direct care of the parent 
42.14 	but does not stay overnight. The court may consider the age of the child in determining 
42.15 	whether a child is with a parent for a significant period of time. 
42.16 	(b) If there is not a court order awarding parenting time, the court shall determine 
42.17 	the child support award without consideration of the parenting expense adjustment. If a 
42.18 	parenting time order is subsequently issued or is issued in the same proceeding, then the 
42.19 	child support order shall include application of the parenting expense adjustment.
42.20 		Subd. 2.Calculation of parenting expense adjustment. (b) The obligor shall 
42.21 	be is entitled to a parenting expense  adjustment calculated as follows provided in this 
42.22 	subdivision. The court shall:  
42.23 	(1) find the adjustment percentage corresponding to the  percentage of parenting 
42.24 	time allowed to the obligor below:  

42.25		Percentage Range of
	Adjustment
	
42.26		Parenting Time
	Percentage
	
42.27	(i)
	less than 10 percent
	no adjustment
	
42.28	(ii)
	10 percent to 45 percent
	12 percent
	
42.29	(iii)
	45.1 percent to 50 percent
	presume parenting time is equal
	
42.30 	(2) multiply the adjustment percentage by the obligor's  basic child support obligation 
42.31 	to arrive at the parenting  expense adjustment.; and 
42.32 	(c)(3) subtract the parenting expense adjustment from the  obligor's basic child 
42.33 	support obligation.  The result is the  obligor's basic support obligation after parenting 
42.34 	expense adjustment.  
43.1 		Subd. 3.Calculation of basic support when parenting time presumed equal.
 43.2 	(d) (a) If the parenting time is equal, the expenses for the  children are equally shared,
43.3 	and the parental incomes for  determining child support of the parents also are equal, no 
43.4 	basic support shall be paid unless the court determines that the expenses for the child are 
43.5 	not equally shared. 
43.6 	(e) (b)  If the parenting time is equal but the parents'  parental incomes for determining 
43.7 	child support are not equal,  the parent having the greater parental income for determining  
43.8 	child support shall be obligated for basic child support,  calculated as follows:  
43.9 	(1) multiply the combined basic support calculated under section 518.713 by 1.5
43.10 	0.75;  
43.11 	(2) prorate the basic child support obligationamount under clause (1) between the  
43.12 	parents,  based on each parent's proportionate share of the combined PICS; and 
43.13 	(3) subtract the lower amount from the higher amount and  divide the balance in 
43.14 	half; and.
43.15 	(3) The resulting figure is the obligation after parenting  expense adjustment for the 
43.16 	parent with the greater adjusted  gross parental income for determining child support.  
43.17 	(f) This parenting expense adjustment reflects the  presumption that while exercising 
43.18 	parenting time, a parent is  responsible for and incurs costs of caring for the child, 
43.19 	including, but not limited to, food, transportation, recreation,  and household expenses.  
43.20 	(g) In the absence of other evidence, there is a rebuttable  presumption that each 
43.21 	parent has 25 percent of the parenting  time for each joint child.

43.22 	Sec. 41. Laws 2005, chapter 164, section 25, is amended to read:
43.23 	Sec. 25.  [518.724] ABILITY TO PAY; SELF-SUPPORT ADJUSTMENT.
43.24 		Subdivision 1.Ability to pay. (a) It is a rebuttable presumption that a child support 
43.25 	order  should not exceed the obligor's ability to pay.  To determine  the amount of child 
43.26 	support the obligor has the ability to pay,  the court shall follow the procedure set out 
43.27 	in this section:.
43.28 	(1) (b) The court shall  calculate the obligor's income available for support by  
43.29 	subtracting a monthly self-support reserve equal to 120 percent  of the federal poverty 
43.30 	guidelines for one person from the  obligor's gross income;. If the obligor's income 
43.31 	available for support calculated under this paragraph is equal to or greater than the 
43.32 	obligor's support obligation calculated under section 518.713, the court shall order child 
43.33 	support under section 518.713.
43.34 	(2) compare the obligor's income available for support from  clause (1) to the amount 
43.35 	of support calculated as per section  518.713, clauses (1) to (15).  The amount of child 
44.1 	support that  is presumed to be correct, as defined in section 518.713, is the  lesser of 
44.2 	these two amounts;
44.3 	(3) this section does not apply to an incarcerated obligor;
44.4 	(4) if the obligor's child support is reduced under clause  (2), (c) If the obligor's 
44.5 	income available for support calculated under paragraph (b) is more than the minimum 
44.6 	support amount under subdivision 2, but less than the guideline amount under section 
44.7 	518.713, then the court mustshall apply thea reduction to the child  support obligation 
44.8 	in the following order, until the support order is equal to the obligor's income available 
44.9 	for support:  
44.10 	(i)(1) medical support obligation;  
44.11 	(ii)(2) child support care support obligation; and  
44.12 	(iii)(3) basic support obligation; and.
44.13 	(d) If the obligor's income available for support calculated under paragraph (b) is 
44.14 	equal to or less than the minimum support amount under subdivision 2 or if the obligor's 
44.15 	gross income is less than 120 percent of the federal poverty guidelines for one person, 
44.16 	the minimum support amount under subdivision 2 applies.
44.17 		(5) Subd. 2. Minimum basic support amount.(a) If the obligor's income available 
44.18 	for support is less than the self-support reserve basic support amount applies,  then the court 
44.19 	must order the following amount as the minimum basic support as follows obligation:  
44.20 	(i)(1) for one or two children, the obligor's basic support  obligation is $50 per 
44.21 	month;  
44.22 	(ii)(2) for three or four children, the obligor's basic  support obligation is $75 per 
44.23 	month; and  
44.24 	(iii)(3) for five or more children, the obligor's basic  support obligation is $100 
44.25 	per month.  
44.26 	(b) If the court orders the obligor to pay the minimum basic support  amount under 
44.27 	this paragraph subdivision, the obligor is presumed unable to  pay child care support 
44.28 	and medical support.  
44.29 	If the court finds the obligor receives no income and completely  lacks the ability to earn 
44.30 	income, the minimum basic support  amount under this paragraph subdivision does not 
44.31 	apply.  
44.32 		Subd. 3.Exception. This section does not apply to an obligor who is incarcerated.

44.33 	Sec. 42. Laws 2005, chapter 164, section 26, subdivision 2, as amended by Laws 2005, 
44.34 	First Special Session chapter 7, section 27, subdivision 2, is amended to read:
44.35 	
45.1 	Subd. 2.  Basic support; guideline. Unless otherwise  agreed to by the parents 
45.2 	and approved by the court, when  establishing basic support, the court must order that 
45.3 	basic  support be divided between the parents based on their  proportionate share of the 
45.4 	parents' combined monthly parental  income for determining child support, as determined 
45.5 	under  section  518.54, subdivision 15 (PICS).  Basic  support must be computed using 
45.6 	the following guideline:  

45.7	Combined Parental
	Number of Children
	
45.8
45.945.10
	Income for 
Determining Child 
Support
	One
	Two
	Three
	Four
	Five 
	Six
	
45.11	$0- $799
	$50
	$50
	$75
	$75
	$100
	$100
	
45.12	800-899
	80
	129
	149
	173
	201
	233
	
45.13	900-999
	90
	145
	167
	194
	226
	262
	
45.14	1,000- 1,099
	116
	161
	186
	216
	251
	291
	
45.15	1,100- 1,199
	145
	205
	237
	275
	320
	370
	
45.16	1,200- 1,299
	177
	254
	294
	341
	396
	459
	
45.17	1,300- 1,399
	212
	309
	356
	414
	480
	557
	
45.18	1,400- 1,499
	251
	368
	425
	493
	573
	664
	
45.19	1,500- 1,599
	292
	433
	500
	580
	673
	780
	
45.20	1,600- 1,699
	337
	502
	580
	673
	781
	905
	
45.21	1,700- 1,799
	385
	577
	666
	773
	897
	1,040
	
45.22	1,800- 1,899
	436
	657
	758
	880
	1,021
	1,183
	
45.23	1,900- 1,999
	490
	742
	856
	994
	1,152
	1,336
	
45.24	2,000- 2,099
	516
	832
	960
	1,114
	1,292
	1,498
	
45.25	2,100- 2,199
	528
	851
	981
	1,139
	1,320
	1,531
	
45.26	2,200- 2,299
	538
	867
	1,000
	1,160
	1,346
	1,561
	
45.27	2,300- 2,399
	546
	881
	1,016
	1,179
	1,367
	1,586
	
45.28	2,400- 2,499
	554
	893
	1,029
	1,195
	1,385
	1,608
	
45.29	2,500- 2,599
	560
	903
	1,040
	1,208
	1,400
	1,625
	
45.30	2,600- 2,699
	570
	920
	1,060
	1,230
	1,426
	1,655
	
45.31	2,700- 2,799
	580
	936
	1,078
	1,251
	1,450
	1,683
	
46.1	2,800- 2,899
	589
	950
	1,094
	1,270
	1,472
	1,707
	
46.2	2,900- 2,999
	596
	963
	1,109
	1,287
	1,492
	1,730
	
46.3	3,000- 3,099
	603
	975
	1,122
	1,302
	1,509
	1,749
	
46.4	3,100- 3,199
	613
	991
	1,141
	1,324
	1,535
	1,779
	
46.5	3,200- 3,299
	623
	1,007
	1,158
	1,344
	1,558
	1,807
	
46.6	3,300- 3,399
	632636
	1,021
	1,175
	1,363
	1,581
	1,833
	
46.7	3,400- 3,499
	640650
	1,034
	1,190
	1,380
	1,601
	1,857
	
46.8	3,500- 3,599
	648664
	1,047
	1,204
	1,397
	1,621
	1,880
	
46.9	3,600- 3,699
	657 677
	1,062
	1,223
	1,418
	1,646
	1,909
	
46.10	3,700- 3,799
	667 691
	1,077
	1,240
	1,439
	1,670
	1,937
	
46.11	3,800- 3,899
	676 705
	1,081
	1,257
	1,459
	1,693
	1,963
	
46.12	3,900- 3,999
	684 719
	1,104
	1,273
	1,478
	1,715
	1,988
	
46.13	4,000- 4,099
	692 732
	1,116
	1,288
	1,496
	1,736
	2,012
	
46.14	4,100- 4,199
	701 746
	1,132
	1,305
	1,516
	1,759
	2,039
	
46.15	4,200- 4,299
	710 760
	1,147
	1,322
	1,536
	1,781
	2,064
	
46.16	4,300- 4,399
	718 774
	1,161
	1,338
	1,554
	1,802
	2,088
	
46.17	4,400- 4,499
	726 787
	1,175
	1,353
	1,572
	1,822
	2,111
	
46.18	4,500- 4,599
	734 801
	1,184
	1,368
	1,589
	1,841
	2,133
	
46.19	4,600- 4,699
	743 808
	1,200
	1,386
	1,608
	1,864
	2,160
	
46.20	4,700- 4,799
	753 814
	1,215
	1,402
	1,627
	1,887
	2,186
	
46.21	4,800- 4,899
	762 820
	1,231
	1,419
	1,645
	1,908
	2,212
	
46.22	4,900- 4,999
	771 825
	1,246
	1,435
	1,663
	1,930
	2,236
	
46.23	5,000- 5,099
	780 831
	1,260
	1,450
	1,680
	1,950
	2,260
	
46.24	5,100- 5,199
	788 837
	1,275
	1,468
	1,701
	1,975
	2,289
	
46.25	5,200- 5,299
	797 843
	1,290
	1,485
	1,722
	1,999
	2,317
	
46.26	5,300- 5,399
	805 849
	1,304
	1,502
	1,743
	2,022
	2,345
	
46.27	5,400- 5,499
	812 854
	1,318
	1,518
	1,763
	2,046
	2,372
	
46.28	5,500- 5,599
	820 860
	1,331
	1,535
	1,782
	2,068
	2,398
	
46.29	5,600- 5,699
	829 866
	1,346
	1,551
	1,801
	2,090
	2,424
	
47.1	5,700- 5,799
	838 873
	1,357
	1,568
	1,819
	2,111
	2,449
	
47.2	5,800- 5,899
	847 881
	1,376
	1,583
	1,837
	2,132
	2,473
	
47.3	5,900- 5,999
	856 888
	1,390
	1,599
	1,855
	2,152
	2,497
	
47.4	6,000- 6,099
	864 895
	1,404
	1,604
	1,872
	2,172
	2,520
	
47.5	6,100- 6,199
	874 902
	1,419
	1,631
	1,892
	2,195
	2,546
	
47.6	6,200- 6,299
	883 909
	1,433
	1,645
	1,912
	2,217
	2,572
	
47.7	6,300- 6,399
	892 916
	1,448
	1,664
	1,932
	2,239
	2,597
	
47.8	6,400- 6,499
	901 923
	1,462
	1,682
	1,951
	2,260
	2,621
	
47.9	6,500- 6,599
	910 930
	1,476
	1,697
	1,970
	2,282
	2,646
	
47.10	6,600- 6,699
	919 936
	1,490
	1,713
	1,989
	2,305
	2,673
	
47.11	6,700- 6,799
	927 943
	1,505
	1,730
	2,009
	2,328
	2,700
	
47.12	6,800- 6,899
	936 950
	1,519
	1,746
	2,028
	2,350
	2,727
	
47.13
47.14	6,900- 6,999
	944 957
	1,533
	1,762
	2,047
	2,379
	2,753
 2,747
	
47.15
47.16	7,000- 7,099
	952 963
	1,547
	1,778
	2,065
	2,394
	2,779
 2,753
	
47.17
47.18	7,100- 7,199
	961 970
	1,561
	1,795
	2,085
	2,417
	2,805
 2,758
	
47.19
47.20	7,200- 7,299
	971 974
	1,574
	1,812
	2,104
	2,439
	2,830
 2,764
	
47.21
47.22	7,300- 7,399
	980
	1,587
	1,828
	2,123
	2,462
	2,854
 2,769
	
47.23
47.24	7,400- 7,499
	989
	1,600
	1,844
	2,142
	2,483
	2,879
 2,775
	
47.25
47.26	7,500- 7,599
	998
	1,613
	1,860
	2,160
	2,505
	2,903
 2,781
	
47.27
47.28	7,600- 7,699
	1,006
	1,628
	1,877
	2,180
	2,528
	2,929
 2,803
	
47.29
47.30	7,700- 7,799
	1,015
	1,643
	1,894
	2,199
	2,550
	2,955
 2,833
	
48.1
48.2	7,800- 7,899
	1,023
	1,658
	1,911
	2,218
	2,572
	2,981
 2,864
	
48.3
48.4	7,900- 7,999
	1,032
	1,673
	1,928
	2,237
	2,594
	3,007
 2,894
	
48.5
48.6	8,000- 8,099
	1,040
	1,688
	1,944
	2,256
	2,616
	3,032
 2,925
	
48.7
48.8	8,100- 8,199
	1,048
	1,703
	1,960
	2,274
	2,637
	3,057
 2,955
	
48.948.10
	8,200- 8,299
	1,056
	1,717
	1,976
	2,293
	2,658
	3,082
 2,985
	
48.11
48.12	8,300 -8,399
	1,064
	1,731
	1,992
	2,311
	2,679
	3,106
 3,016
	
48.13
48.14	8,400- 8,499
	1,072
	1,746
	2,008
	2,328
	2,700
	3,130
 3,046
	
48.15
48.16	8,500- 8,599
	1,080
	1,760
	2,023
	2,346
	2,720
	3,154
 3,077
	
48.17
48.18	8,600- 8,699
	1,092
	1,780
	2,047
	2,374
	2,752
	3,191
 3,107
	
48.19
48.20	8,700- 8,799
	1,105
	1,801
	2,071
	2,401
	2,784
	3,228
 3,138
	
48.21
48.22	8,800- 8,899
	1,118
	1,822
	2,094
	2,429
	2,816
	3,265
 3,168
	
48.23
48.24	8,900- 8,999
	1,130
	1,842
	2,118
	2,456
	2,848
	3,302
3,199
	
48.25
48.26	9,000- 9,099
	1,143
	1,863
	2,142
	2,484
	2,880
	3,339
3,223
	
48.27
48.28	9,100- 9,199
	1,156
	1,884
	2,166
	2,512
	2,912
	3,376
 3,243
	
48.29
48.30	9,200- 9,299
	1,168
	1,904
	2,190
	2,539
	2,944
	3,413
 3,263
	
48.31
48.32	9,300- 9,399
	1,181
	1,925
	2,213
	2,567
	2,976
	3,450
 3,284
	
49.1
49.2	9,400- 9,499
	1,194
	1,946
	2,237
	2,594
	3,008
	3,487
 3,304
	
49.3
49.4	9,500- 9,599
	1,207
	1,967
	2,261
	2,622
	3,040
 3,031
	3,525
 3,324
	
49.5
49.6	9,600- 9,699
	1,219
	1,987
	2,285
	2,650
	3,072
 3,050
	3,562
 3,345
	
49.7
49.8	9,700- 9,799
	1,232
	2,008
	2,309
	2,677
	3,104
 3,069
	3,599
 3,365
	
49.949.10
	9,800- 9,899
	1,245
	2,029
	2,332
	2,705
	3,136
 3,087
	3,636
 3,385
	
49.11
49.12	9,900- 9,999
	1,257
	2,049
	2,356
	2,732
	3,168
 3,106
	3,673
 3,406
	
49.13
49.14	10,000-10,099
	1,270
	2,070
	2,380
	2,760
	3,200
 3,125
	3,710
 3,426
	
49.15
49.16	10,100-10,199
	1,283
	2,091
	2,404
	2,788
	3,232
 3,144
	3,747
 3,446
	
49.17
49.18	10,200-10,299
	1,295
	2,111
	2,428
	2,815
	3,264
 3,162
	3,784
 3,467
	
49.19
49.20	10,300-10,399
	1,308
	2,132
	2,451
	2,843
	3,296
 3,181
	3,821
 3,487
	
49.21
49.22	10,400-10,499
	1,321
	2,153
	2,475
	2,870
	3,328
 3,200
	3,858
 3,507
	
49.23
49.24	10,500-10,599
	1,334
	2,174
	2,499
	2,898
	3,360
 3,218
	3,896
 3,528
	
49.25
49.26	10,600-10,699
	1,346
	2,194
	2,523
	2,926
 2,921
	3,392
 3,237
	3,933
 3,548
	
49.27
49.28	10,700-10,799
	1,359
	2,215
	2,547
	2,953
 2,938
	3,424
 3,256
	3,970
 3,568
	
49.29
49.30	10,800-10,899
	1,372
	2,236
	2,570
	2,981
 2,955
	3,456
 3,274
	4,007
 3,589
	
49.31
49.32	10,900-10,999
	1,384
	2,256
	2,594
	3,008
 2,972
	3,488
 3,293
	4,044
 3,609
	
50.1
50.2	11,000-11,099
	1,397
	2,277
	2,618
	3,036
 2,989
	3,520
 3,312
	4,081
 3,629
	
50.3
50.4	11,100-11,199
	1,410
	2,298
 2,294
	2,642
	3,064
 3,006
	3,552
 3,331
	4,118
 3,649
	
50.5
50.6	11,200-11,299
	1,422
	2,318
 2,306
	2,666
	3,091
 3,023
	3,584
 3,349
	4,155
 3,667
	
50.7
50.8	11,300-11,399
	1,435
	2,339
 2,319
	2,689
	3,119
 3,040
	3,616
 3,366
	4,192
 3,686
	
50.950.10
	11,400-11,499
	1,448
	2,360
 2,331
	2,713
	3,146
 3,055
	3,648
 3,383
	4,229
 3,705
	
50.11
50.12	11,500-11,599
	1,461
	2,381
 2,344
	2,737
 2,735
	3,174
 3,071
	3,680
 3,400
	4,267
 3,723
	
50.13
50.14	11,600-11,699
	1,473
	2,401
 2,356
	2,761
 2,748
	3,202
 3,087
	3,712
 3,417
	4,304
 3,742
	
50.15
50.16	11,700-11,799
	1,486
	2,422
 2,367
	2,785
 2,762
	3,229
 3,102
	3,744
 3,435
	4,341
 3,761
	
50.17
50.18	11,800-11,899
	1,499
	2,443
 2,378
	2,808
 2,775
	3,257
 3,116
	3,776
 3,452
	4,378
 3,780
	
50.19
50.20	11,900-11,999
	1,511
	2,463
 2,389
	2,832
 2,788
	3,284
 3,131
	3,808
 3,469
	4,415
 3,798
	
50.21
50.22	12,000-12,099
	1,524
	2,484
 2,401
	2,856
 2,801
	3,312
 3,146
	3,840
 3,485
	4,452
 3,817
	
50.23
50.24	12,100-12,199
	1,537
	2,505
 2,412
	2,880
 2,814
	3,340
 3,160
	3,872
 3,501
	4,489
 3,836
	
50.25
50.26	12,200-12,299
	1,549
	2,525
 2,423
	2,904
 2,828
	3,367
 3,175
	3,904
 3,517
	4,526
 3,854
	
50.27
50.28	12,300-12,399
	1,562
	2,546
 2,434
	2,927
 2,841
	3,395
 3,190
	3,936
 3,534
	4,563
 3,871
	
50.29
50.30	12,400-12,499
	1,575
	2,567
 2,445
	2,951
 2,854
	3,422
 3,205
	3,968
 3,550
	4,600
 3,889
	
50.31
50.32	12,500-12,599
	1,588
	2,588
 2,456
	2,975
 2,867
	3,450
 3,219
	4,000
 3,566
	4,638
 3,907
	
51.1
51.2	12,600-12,699
	1,600
	2,608
 2,467
	2,999
 2,880
	3,478
 3,234
	4,032
 3,582
	4,675
 3,924
	
51.3
51.4	12,700-12,799
	1,613
	2,629
 2,478
	3,023
 2,894
	3,505
 3,249
	4,064
 3,598
	4,712
 3,942
	
51.5
51.6	12,800-12,899
	1,626
	2,650
 2,489
	3,046
 2,907
	3,533
 3,264
	4,096
 3,615
	4,749
 3,960
	
51.7
51.8	12,900-12,999
	1,638
	2,670
 2,500
	3,070
 2,920
	3,560
 3,278
	4,128
 3,631
	4,786
 3,977
	
51.951.10
	13,000-13,099
	1,651
	2,691
 2,512
	3,094
 2,933
	3,588
 3,293
	4,160
 3,647
	4,823
 3,995
	
51.11
51.12	13,100-13,199
	1,664
	2,712
 2,523
	3,118
 2,946
	3,616
 3,308
	4,192
 3,663
	4,860
 4,012
	
51.13
51.14	13,200-13,299
	1,676
	2,732
 2,534
	3,142
 2,960
	3,643
 3,322
	4,224
 3,679
	4,897
 4,030
	
51.15
51.16	13,300-13,399
	1,689
	2,753
 2,545
	3,165
 2,973
	3,671
 3,337
	4,256
 3,696
	4,934
 4,048
	
51.17
51.18	13,400-13,499
	1,702
	2,774
 2,556
	3,189
 2,986
	3,698
 3,352
	4,288
 3,712
	4,971
 4,065
	
51.19
51.20	13,500-13,599
	1,715
	2,795
 2,567
	3,213
 2,999
	3,726
 3,367
	4,320
 3,728
	5,009
 4,083
	
51.21
51.22	13,600-13,699
	1,727
	2,815
 2,578
	3,237
 3,012
	3,754
 3,381
	4,352
 3,744
	5,046
 4,100
	
51.23
51.24	13,700-13,799
	1,740
	2,836
 2,589
	3,261
 3,026
	3,781
 3,396
	4,384
 3,760
	5,083
 4,118
	
51.25
51.26	13,800-13,899
	1,753
	2,857
 2,600
	3,284
 3,039
	3,809
 3,411
	4,416
 3,777
	5,120
 4,136
	
51.27
51.28	13,900-13,999
	1,765
	2,877
 2,611
	3,308
 3,052
	3,836
 3,425
	4,448
 3,793
	5,157
 4,153
	
51.29
51.30	14,000-14,099
	1,778
	2,898
 2,623
	3,332
 3,065
	3,864
 3,440
	4,480
 3,809
	5,194
 4,171
	
51.31
51.32	14,100-14,199
	1,791
	2,919
 2,634
	3,356
 3,078
	3,892
 3,455
	4,512
 3,825
	5,231
 4,189
	
52.1
52.2	14,200-14,299
	1,803
	2,939
 2,645
	3,380
 3,092
	3,919
 3,470
	4,544
 3,841
	5,268
 4,206
	
52.3
52.4	14,300-14,399
	1,816
	2,960
 2,656
	3,403
 3,105
	3,947
 3,484
	4,576
 3,858
	5,305
 4,224
	
52.5
52.6	14,400-14,499
	1,829
	2,981
 2,667
	3,427
 3,118
	3,974
 3,499
	4,608
 3,874
	5,342
 4,239
	
52.7
52.8	14,500-14,599
	1,842
	3,002
 2,678
	3,451
 3,131
	4,002
 3,514
	4,640
 3,889
	5,380
 4,253
	
52.952.10
	14,600-14,699
	1,854
	3,022
 2,689
	3,475
 3,144
	4,030
 3,529
	4,672
 3,902
	5,417
 4,268
	
52.11
52.12	14,700-14,799
	1,867
 1,864
	3,043
 2,700
	3,499
 3,158
	4,057
 3,541
	4,704
 3,916
	5,454
 4,282
	
52.13
52.14	14,800-14,899
	1,880
 1,872
	3,064
 2,711
	3,522
 3,170
	4,085
 3,553
	4,736
 3,929
	5,491
 4,297
	
52.15
52.16	14,900-14,999
	1,892
 1,879
	3,084
 2,722
	3,546
 3,181
	4,112
 3,565
	4,768
 3,942
	5,528
 4,311
	
52.17
52.18
52.19	15,000, or the 
amount in effect 
under subd. 4
	1,905
 1,883
	3,105
 2,727
	3,570
 3,186
	4,140
 3,571
	4,800
 3,949
	5,565
 4,319

52.20 	Sec. 43. Laws 2005, chapter 164, section 31, is amended to read:
52.21 	Sec. 31. REPEALER.
52.22 	Minnesota Statutes 2004, sections 518.171; 518.54,  subdivisions 2, 4, and 4a; and 
52.23 	518.551, subdivisions 1, 5a, 5c,  and 5f, are repealed. 

52.24 	Sec. 44. Laws 2005, chapter 164, section 32, the effective date, is amended to read:
52.25 	Sec. 32.  EFFECTIVE DATE.
52.26 	Except as otherwise provided indicated, this act is effective January  1, 2007, and 
52.27 	applies to orders adopted or modified after that date. The provisions of this act apply to 
52.28 	all support orders in effect prior to January 1, 2007, except that the provisions used to 
52.29 	calculate parties' support obligations apply to actions or motions filed after January 1, 
52.30 	2007. The provisions of this act used to calculate parties' support obligations apply to 
52.31 	actions or motions for past support or reimbursement filed after January 1, 2007.  Sections 
52.32 	1 to 3 of this act are effective July 1, 2005.  

53.1 	Sec. 45.  2006 H.F. No. 2656, article 5, section 48, the effective date, if enacted, 
53.2 	is amended to read:

53.3 	EFFECTIVE DATE. This section is effective July 1, 2006 August 1, 2006, for 
53.4 	protective orders issued by a tribal court in Minnesota and August 1, 2007, for all other 
53.5 	foreign protective orders.

53.6 	Sec. 46. REVISOR'S INSTRUCTION.
 53.7 	The revisor of statutes shall change cross-references in Minnesota Statutes from 
53.8 	section 518.171 to section 518.719.

53.9 	Sec. 47.  REPEALER.
 53.10 	Minnesota Statutes 2004, section 518.54, subdivision 6, and Laws 2005, chapter 
53.11 	164, section 12, are repealed.