HF 473

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/26/2011 11:06am

A bill for an act
relating to family law; providing for calculation of maintenance after child
support; amending Minnesota Statutes 2010, sections 518.552, by adding a
subdivision; 518A.29.

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

Section 1.

Minnesota Statutes 2010, section 518.552, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Maintenance calculated after child support. new text end

new text begin The amount of the
maintenance award, if any, must be determined after the court determines the amount of
child support to be paid.
new text end

Sec. 2.

Minnesota Statutes 2010, section 518A.29, is amended to read:

518A.29 CALCULATION OF GROSS INCOME.

(a) Subject to the exclusions and deductions in this section, gross income includes
any form of periodic payment to an individual, including, but not limited to, salaries,
wages, commissions, self-employment income under section 518A.30, workers'
compensation, unemployment benefits, annuity payments, military and naval retirement,
pension and disability payments, spousal maintenance received under deleted text begin a previous deleted text end new text begin an new text end order
deleted text begin or the current deleted text end new text begin in a separate new text end proceeding, Social Security or veterans benefits provided for a
joint child under section 518A.31, and potential income under section 518A.32. Salaries,
wages, commissions, or other compensation paid by third parties shall be based upon
gross income before participation in an employer-sponsored benefit plan that allows an
employee to pay for a benefit or expense using pretax dollars, such as flexible spending
plans and health savings accounts. No deductions shall be allowed for contributions to
pensions, 401-K, IRA, or other retirement benefits.

(b) Gross income does not include compensation received by a party for employment
in excess of a 40-hour work week, provided that:

(1) child support is ordered in an amount at least equal to the guideline amount
based on gross income not excluded under this clause; and

(2) the party demonstrates, and the court finds, that:

(i) the excess employment began after the filing of the petition for dissolution or
legal separation or a petition related to custody, parenting time, or support;

(ii) the excess employment reflects an increase in the work schedule or hours worked
over that of the two years immediately preceding the filing of the petition;

(iii) the excess employment is voluntary and not a condition of employment;

(iv) the excess employment is in the nature of additional, part-time or overtime
employment compensable by the hour or fraction of an hour; and

(v) the party's compensation structure has not been changed for the purpose of
affecting a support or maintenance obligation.

(c) Expense reimbursements or in-kind payments received by a parent in the course
of employment, self-employment, or operation of a business shall be counted as income
if they reduce personal living expenses.

(d) Gross income may be calculated on either an annual or monthly basis. Weekly
income shall be translated to monthly income by multiplying the weekly income by 4.33.

(e) Gross income does not include a child support payment received by a party. It
is a rebuttable presumption that adoption assistance payments, guardianship assistance
payments, and foster care subsidies are not gross income.

(f) Gross income does not include the income of the obligor's spouse and the
obligee's spouse.

(g) Child support or spousal maintenance payments ordered by a court for a nonjoint
child or former spouse deleted text begin or ordered payable to the other party as part of the current
proceeding deleted text end are deducted from other periodic payments received by a party for purposes of
determining gross income.

(h) Gross income does not include public assistance benefits received under section
256.741 or other forms of public assistance based on need.