1.1                          A bill for an act 
  1.2             relating to family law; reforming and recodifying the 
  1.3             law relating to marriage dissolution, child custody, 
  1.4             child support, maintenance, and property division; 
  1.5             changing a fee; making style and form changes; 
  1.6             changing certain child support, residence change, and 
  1.7             pension distribution provisions; classifying certain 
  1.8             data; requiring additional information; clarifying and 
  1.9             improving certain procedures and support enforcement 
  1.10            provisions; clarifying a funding provision; providing 
  1.11            alternate forms of marriage solemnization; 
  1.12            appropriating money; amending Minnesota Statutes 2002, 
  1.13            sections 13.69, subdivision 1; 171.06, subdivision 3; 
  1.14            171.07, by adding a subdivision; 257C.01, subdivision 
  1.15            2; 357.021, by adding a subdivision; 517.18; 518.002; 
  1.16            518.003, subdivisions 1, 3; 518.005; 518.01; 518.02; 
  1.17            518.03; 518.04; 518.05; 518.055; 518.06; 518.07; 
  1.18            518.09; 518.091; 518.10; 518.11; 518.12; 518.13; 
  1.19            518.131; 518.14, subdivision 1; 518.148; 518.155; 
  1.20            518.156; 518.157, subdivisions 1, 2, 3, 5, 6; 518.165; 
  1.21            518.166; 518.167, subdivisions 3, 4, 5; 518.168; 
  1.22            518.1705, subdivisions 2, 6, 7, 8, 9; 518.171, 
  1.23            subdivision 7; 518.175; 518.1751, subdivisions 1b, 2, 
  1.24            2a, 2b, 2c, 3; 518.1752; 518.176; 518.177; 518.178; 
  1.25            518.179, subdivision 1; 518.18; 518.191, subdivision 
  1.26            1; 518.195, subdivisions 2, 3; 518.24; 518.25; 518.27; 
  1.27            518.54, subdivisions 1, 5, 6, 7, 8; 518.55; 518.551, 
  1.28            subdivisions 5, 12, 13; 518.552; 518.58; 518.581; 
  1.29            518.582; 518.6111, subdivision 7; 518.612; 518.619; 
  1.30            518.62; 518.64, subdivisions 1, 2, by adding a 
  1.31            subdivision; 518.641; 518.642; 518.646; 518.65; 
  1.32            518.68, subdivisions 1, 2; 519.11, subdivision 1; 
  1.33            548.091, subdivision 1a; 552.01, subdivisions 2, 3, 5, 
  1.34            7; 552.04, subdivision 15; 552.06, subdivisions 1, 2, 
  1.35            5, 6; 609.375, subdivision 2b; Laws 1997, chapter 245, 
  1.36            article 2, section 11; proposing coding for new law in 
  1.37            Minnesota Statutes, chapter 97A; proposing coding for 
  1.38            new law as Minnesota Statutes, chapters 517A; 517B; 
  1.39            517C; repealing Minnesota Statutes 2002, sections 
  1.40            518.111; 518.14, subdivision 2; 518.17; 518.171; 
  1.41            518.1752; 518.185; 518.24; 518.255; 518.54, 
  1.42            subdivisions 2, 4a, 13, 14; 518.55, subdivision 4; 
  1.43            518.551; 518.5513; 518.553; 518.57; 518.575; 518.585; 
  1.44            518.5851; 518.5852; 518.5853; 518.61; 518.6111; 
  1.45            518.614; 518.615; 518.616; 518.617; 518.618; 518.6195; 
  1.46            518.6196; 518.62; 518.64, subdivisions 4, 4a, 5; 
  2.1             518.68. 
  2.2   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.3                              ARTICLE 1 
  2.4        MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT 
  2.5      Section 1.  Minnesota Statutes 2002, section 357.021, is 
  2.6   amended by adding a subdivision to read: 
  2.7      Subd. 8.  [MARITAL DISSOLUTION FEE.] (a) The court 
  2.8   administrator shall collect in each proceeding in the district 
  2.9   seeking a dissolution of a marriage or a legal separation, in 
  2.10  the manner in which other fees are collected, a marital 
  2.11  dissolution fee in the amount of $25 from: 
  2.12     (1) the petitioner instituting the marital dissolution or 
  2.13  legal separation, to be collected at the time of the filing of 
  2.14  the first paper; and 
  2.15     (2) the respondent who appears, to be collected at the time 
  2.16  of the filing of the first paper by the respondent or at the 
  2.17  time when the respondent's appearance is entered in the case. 
  2.18     (b) The court administrator shall forward the marital 
  2.19  dissolution fee to the commissioner of finance for deposit in 
  2.20  the general fund. 
  2.21     (c) This subdivision sunsets June 30, 2005. 
  2.22     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
  2.23     Sec. 2.  [517A.29] [SIX-MONTH REVIEW.] 
  2.24     (a) A request for a six-month review hearing form must be 
  2.25  attached to a decree of dissolution or legal separation or an 
  2.26  order that initially establishes child custody, parenting time, 
  2.27  or support rights and obligations of parents.  The state court 
  2.28  administrator is requested to prepare the request for review 
  2.29  hearing form.  The form must include information regarding the 
  2.30  procedures for requesting a hearing, the purpose of the hearing, 
  2.31  and any other information regarding a hearing under this section 
  2.32  that the state court administrator deems necessary. 
  2.33     (b) The six-month review hearing shall be held if any party 
  2.34  submits a written request for a hearing within six months after 
  2.35  entry of a decree of dissolution or legal separation or order 
  2.36  that establishes child custody, parenting time, or support. 
  3.1      (c) Upon receipt of a completed request for hearing form, 
  3.2   the court administrator shall provide notice of the hearing to 
  3.3   all other parties and the public authority. 
  3.4      (d) At the six-month hearing, the court must review: 
  3.5      (1) whether child support is current; and 
  3.6      (2) whether both parties are complying with the parenting 
  3.7   time provisions of the order. 
  3.8      (e) At the six-month hearing, the obligor has the burden to 
  3.9   present evidence to establish that child support payments are 
  3.10  current.  A party may request that the public authority provide 
  3.11  information to the parties and court regarding child support 
  3.12  payments.  A party must request the information from the public 
  3.13  authority at least 14 days before the hearing.  The commissioner 
  3.14  of human services must develop a form to be used by the public 
  3.15  authority to submit child support payment information to the 
  3.16  parties and court. 
  3.17     (f) Contempt of court and all statutory remedies for child 
  3.18  support and parenting time enforcement may be imposed by the 
  3.19  court at the six-month hearing for noncompliance by either party 
  3.20  pursuant to chapters 517C and 588 and the Minnesota Court Rules. 
  3.21     Sec. 3.  [517A.36] [MAINTENANCE PAYMENT ENFORCEMENT.] 
  3.22     (a) Except as provided in paragraph (b), the enforcement 
  3.23  requirements and procedures in chapter 517C apply to a 
  3.24  maintenance obligation, including a maintenance obligation that 
  3.25  is or was combined with a child support obligation and is part 
  3.26  of a support order as defined in section 517A.02, subdivision 14.
  3.27     (b) The enforcement requirements and procedures in sections 
  3.28  517C.04; 517C.10, subdivisions 1, 2, and 5; 517C.12, subdivision 
  3.29  4; 517C.13; 517C.22; 517C.23; 517C.27; 517C.28; 517C.30; 
  3.30  517C.63; 517C.73; 517C.80; and 517C.84, do not apply to a 
  3.31  maintenance obligation whether or not the obligation is or was 
  3.32  combined with a child support obligation. 
  3.33     Sec. 4.  Minnesota Statutes 2002, section 518.002, is 
  3.34  amended to read: 
  3.35     518.002 [USE TERM DISSOLUTION MEANING OF DIVORCE.] 
  3.36     Wherever the word "Divorce" is, as used in the statutes, it 
  4.1   has the same meaning as "dissolution" or "dissolution of 
  4.2   marriage."  
  4.3      Sec. 5.  Minnesota Statutes 2002, section 518.003, 
  4.4   subdivision 1, is amended to read: 
  4.5      Subdivision 1.  [SCOPE.] For the purposes of The 
  4.6   definitions in this section apply to this chapter, the following 
  4.7   terms have the meanings provided in this section unless the 
  4.8   context clearly requires otherwise.  
  4.9      Sec. 6.  Minnesota Statutes 2002, section 518.005, is 
  4.10  amended to read: 
  4.11     518.005 [RULES GOVERNING PROCEEDINGS.] 
  4.12     Subdivision 1.  [APPLICABLE RULES.] Unless otherwise 
  4.13  specifically provided, the rules of civil procedure for the 
  4.14  district court apply to all proceedings under this chapter and 
  4.15  chapters 517B and 517C. 
  4.16     Subd. 2.  [TITLE.] A proceeding for dissolution of 
  4.17  marriage, legal separation, or annulment shall must be entitled 
  4.18  "In re the Marriage of .......... and .......... ."  A custody 
  4.19  or support proceeding shall be entitled "In re the (Custody) 
  4.20  (Support) of .......... ." 
  4.21     Subd. 3.  [NAMES OF PLEADINGS.] The initial pleading in all 
  4.22  proceedings under sections 518.002 to 518.66 shall this chapter 
  4.23  and chapters 517B and 517C must be denominated a petition.  A 
  4.24  responsive pleading shall must be denominated an answer.  Other 
  4.25  pleadings shall must be denominated as provided in the rules of 
  4.26  civil procedure. 
  4.27     Subd. 4.  [DECREE; JUDGMENT.] In sections 518.002 to 518.66 
  4.28  this chapter and chapters 517B and 517C, "decree" includes 
  4.29  "judgment." 
  4.30     Subd. 5.  [PROHIBITED DISCLOSURE.] In all proceedings under 
  4.31  this chapter and chapters 517B and 517C, in which public 
  4.32  assistance is assigned under section 256.741 or the public 
  4.33  authority provides services to a party or parties to the 
  4.34  proceedings, notwithstanding statutory or other authorization 
  4.35  for the public authority to release private data on the location 
  4.36  of a party to the action, information on the location of one 
  5.1   party may not be released by the public authority to the other 
  5.2   party if: 
  5.3      (1) the public authority has knowledge that a protective 
  5.4   order with respect to the other party has been entered; or 
  5.5      (2) the public authority has reason to believe that the 
  5.6   release of the information may result in physical or emotional 
  5.7   harm to the other party. 
  5.8      Subd. 6.  [REQUIRED NOTICE.] Every court order or judgment 
  5.9   and decree that provides for child support, spousal maintenance, 
  5.10  custody, or parenting time must contain the notices required by 
  5.11  section 517C.99. 
  5.12     Sec. 7.  Minnesota Statutes 2002, section 518.01, is 
  5.13  amended to read: 
  5.14     518.01 [VOID MARRIAGES.] 
  5.15     All marriages which are A marriage prohibited by section 
  5.16  517.03 shall be absolutely is void, without any decree of 
  5.17  dissolution or other legal proceedings; except if a person whose 
  5.18  husband or wife has been absent for four successive years, 
  5.19  without being known to the person to be living during that time, 
  5.20  marries during the lifetime of the absent husband or wife, the 
  5.21  subsequent marriage shall be is void only from the time that its 
  5.22  nullity is duly adjudged.  If the absentee is declared dead in 
  5.23  accordance with section 576.142, the subsequent marriage shall 
  5.24  is not be void. 
  5.25     Sec. 8.  Minnesota Statutes 2002, section 518.02, is 
  5.26  amended to read: 
  5.27     518.02 [VOIDABLE MARRIAGES.] 
  5.28     A marriage shall must be declared a nullity under the 
  5.29  following circumstances if: 
  5.30     (a) (1) a party lacked capacity to consent to the marriage 
  5.31  at the time the marriage was solemnized, either because of:  (i) 
  5.32  mental incapacity or infirmity and if the other party at the 
  5.33  time the marriage was solemnized did not know of the incapacity; 
  5.34  or because of (ii) the influence of alcohol, drugs, or other 
  5.35  incapacitating substances; or because (iii) consent of either 
  5.36  was party having been obtained by force or fraud and there was 
  6.1   with no subsequent voluntary cohabitation of the parties; 
  6.2      (b) (2) a party lacks the physical capacity to consummate 
  6.3   the marriage by sexual intercourse and the other party at the 
  6.4   time the marriage was solemnized did not know of the incapacity; 
  6.5   or 
  6.6      (c) (3) a party was under the age for marriage established 
  6.7   by section 517.02 except as otherwise provided by section 
  6.8   517A.10. 
  6.9      Sec. 9.  Minnesota Statutes 2002, section 518.03, is 
  6.10  amended to read: 
  6.11     518.03 [ACTION TO ANNUL; DECREE.] 
  6.12     An annulment shall must be commenced and, the complaint 
  6.13  shall be filed, and proceedings had as in proceedings for 
  6.14  dissolution.  Upon due proof of the nullity of the marriage, it 
  6.15  shall the marriage must be adjudged null and void. 
  6.16     The provisions of sections 518.54 to 518.66 this chapter 
  6.17  and chapters 517B and 517C relating to property rights of the 
  6.18  spouses, maintenance, support, and custody of children on 
  6.19  dissolution of marriage are applicable to proceedings for 
  6.20  annulment. 
  6.21     Sec. 10.  Minnesota Statutes 2002, section 518.04, is 
  6.22  amended to read: 
  6.23     518.04 [INSUFFICIENT GROUNDS FOR ANNULMENT.] 
  6.24     No marriage shall may be adjudged a nullity on the ground 
  6.25  that one of the parties was under the age of legal consent if it 
  6.26  appears that the parties had voluntarily cohabited together as 
  6.27  husband and wife after having attained such that age; nor 
  6.28  shall.  The marriage of any an insane person must not be 
  6.29  adjudged void after restoration of the insane person to reason, 
  6.30  if it appears that the parties freely cohabited together as 
  6.31  husband and wife after such the restoration to reason.  
  6.32     Sec. 11.  Minnesota Statutes 2002, section 518.05, is 
  6.33  amended to read: 
  6.34     518.05 [ANNULMENT; WHEN TO BRING.] 
  6.35     An annulment may be sought by any of the following persons 
  6.36  and must be commenced within the times specified, but in no 
  7.1   event may an annulment be sought after the death of either party 
  7.2   to the marriage: 
  7.3      (a) For a reason set forth in (1) under section 518.02, 
  7.4   clause (a) (1), by either party or by the legal representative 
  7.5   of the party who lacked capacity to consent, no later than 90 
  7.6   days after the petitioner obtained knowledge of the described 
  7.7   condition; 
  7.8      (b) For the reason set forth in (2) under section 518.02, 
  7.9   clause (b) (2), by either party no later than one year after the 
  7.10  petitioner obtained knowledge of the described condition; 
  7.11     (c) For the reason set forth in (3) under section 518.02, 
  7.12  clause (c) (3), by the underaged party, or the party's parent or 
  7.13  guardian, before the time the underaged party reaches the age at 
  7.14  which the party could have married without satisfying the 
  7.15  omitted requirement. 
  7.16     Sec. 12.  Minnesota Statutes 2002, section 518.055, is 
  7.17  amended to read: 
  7.18     518.055 [PUTATIVE SPOUSE.] 
  7.19     Any person who has cohabited with another to whom the 
  7.20  person is not legally married in the good faith belief that the 
  7.21  person was married to the other is a putative spouse until 
  7.22  knowledge of the fact that the person is not legally married 
  7.23  terminates the status and prevents acquisition of further 
  7.24  rights.  A putative spouse acquires the rights conferred upon a 
  7.25  legal spouse, including the right to maintenance following 
  7.26  termination of the status, whether or not the marriage is 
  7.27  prohibited or declared a nullity.  If there is a legal spouse or 
  7.28  other putative spouses, rights acquired by a putative spouse do 
  7.29  not supersede the rights of the legal spouse or those acquired 
  7.30  by other putative spouses, but the court shall must apportion 
  7.31  property, maintenance, and support rights among the claimants as 
  7.32  appropriate in the circumstances and in the interests of justice.
  7.33     Sec. 13.  Minnesota Statutes 2002, section 518.06, is 
  7.34  amended to read: 
  7.35     518.06 [DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS; 
  7.36  UNCONTESTED LEGAL SEPARATION.] 
  8.1      Subdivision 1.  [MEANING AND EFFECT OF DECREES; GROUNDS.] A 
  8.2   dissolution of marriage is the termination of the marital 
  8.3   relationship between a husband and wife.  A decree of 
  8.4   dissolution completely terminates the marital status of both 
  8.5   parties.  A legal separation is a court determination of the 
  8.6   rights and responsibilities of a husband and wife arising out of 
  8.7   the marital relationship.  A decree of legal separation does not 
  8.8   terminate the marital status of the parties.  
  8.9      A dissolution of a marriage shall must be granted by a 
  8.10  county or district court when if the court finds that there has 
  8.11  been an irretrievable breakdown of the marriage relationship.  A 
  8.12  decree of legal separation shall must be granted when if the 
  8.13  court finds that one or both parties need a legal separation.  
  8.14     Defenses to divorce, dissolution and legal separation, 
  8.15  including, but not limited to, condonation, connivance, 
  8.16  collusion, recrimination, insanity, and lapse of time, are 
  8.17  abolished. 
  8.18     Subd. 3.  [UNCONTESTED LEGAL SEPARATION.] If one or both 
  8.19  parties petition for a decree of legal separation and neither 
  8.20  party contests the granting of the decree nor petitions for a 
  8.21  decree of dissolution, the court shall must grant a decree of 
  8.22  legal separation.  
  8.23     Sec. 14.  Minnesota Statutes 2002, section 518.07, is 
  8.24  amended to read: 
  8.25     518.07 [RESIDENCE OF PARTIES.] 
  8.26     No A dissolution shall must not be granted unless (1) one 
  8.27  of the parties has resided in this state, or has been a member 
  8.28  of the armed services stationed in this state, for not less than 
  8.29  at least 180 days immediately preceding the commencement of the 
  8.30  proceeding; or (2) one of the parties has been a domiciliary of 
  8.31  this state for not less than at least 180 days immediately 
  8.32  preceding commencement of the proceeding.  
  8.33     Sec. 15.  Minnesota Statutes 2002, section 518.09, is 
  8.34  amended to read: 
  8.35     518.09 [PROCEEDING; HOW AND WHERE BROUGHT; VENUE.] 
  8.36     A proceeding for dissolution or legal separation may be 
  9.1   brought by either or both spouses and shall be is commenced by 
  9.2   personal service of the summons and petition venued in the 
  9.3   county where either spouse resides.  No summons is required if a 
  9.4   joint petition is filed.  If neither party resides in the state 
  9.5   and jurisdiction is based on the domicile of either 
  9.6   spouse party, the proceeding may be brought in the county where 
  9.7   either party is domiciled.  If neither party resides or is 
  9.8   domiciled in this state and jurisdiction is premised upon one of 
  9.9   the parties being a member of the armed services stationed in 
  9.10  this state for not less than 180 days immediately preceding the 
  9.11  commencement of the proceeding, the proceeding may be brought in 
  9.12  the county where the member is stationed.  This venue shall be 
  9.13  is subject to the court's power of the court to change the place 
  9.14  of hearing by consent of the parties, or when if it appears to 
  9.15  the court that an impartial hearing cannot be had in the county 
  9.16  where the proceedings are pending, or when if the convenience of 
  9.17  the parties or the ends of justice would be promoted by the 
  9.18  change.  No summons shall be required if a joint petition is 
  9.19  filed. 
  9.20     Sec. 16.  Minnesota Statutes 2002, section 518.091, is 
  9.21  amended to read: 
  9.22     518.091 [SUMMONS; TEMPORARY RESTRAINING PROVISIONS.] 
  9.23     (a) Every summons must include the notice in this paragraph.
  9.24      NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE 
  9.25                       RESOLUTION PROVISIONS 
  9.26     UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE 
  9.27  FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, 
  9.28  UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS 
  9.29  DISMISSED: 
  9.30     (1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR 
  9.31  THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF 
  9.32  INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN 
  9.33  WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO 
  9.34  CONTEST THIS PROCEEDING; 
  9.35     (2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND 
  9.36     (3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE 
 10.1   MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR 
 10.2   BENEFICIARY DESIGNATION. 
 10.3      IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT 
 10.4   TO SANCTIONS BY THE COURT.  
 10.5      (4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE 
 10.6   ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO 
 10.7   MINNESOTA LAW.  ALTERNATIVE DISPUTE RESOLUTION INCLUDES 
 10.8   MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE 
 10.9   DISTRICT COURT RULES.  YOU MAY CONTACT THE COURT ADMINISTRATOR 
 10.10  ABOUT RESOURCES IN YOUR AREA.  IN SOME COUNTIES, IF YOU CANNOT 
 10.11  PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME 
 10.12  COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT 
 10.13  PROVIDER OR A COURT PROGRAM.  IF YOU ARE A VICTIM OF DOMESTIC 
 10.14  ABUSE OR THREATS OF ABUSE AS DEFINED IN MINNESOTA STATUTES, 
 10.15  CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY MEDIATION AND YOU WILL 
 10.16  NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS.  
 10.17     (b) Upon service of the summons, the restraining provisions 
 10.18  contained in the notice apply by operation of law upon both 
 10.19  parties until modified by further order of the court or 
 10.20  dismissal of the proceeding, unless more than one year has 
 10.21  passed since the last document was filed with the court. 
 10.22     Sec. 17.  Minnesota Statutes 2002, section 518.10, is 
 10.23  amended to read: 
 10.24     518.10 [REQUISITES OF PETITION.] 
 10.25     The A petition for dissolution of marriage or legal 
 10.26  separation shall must state and allege: 
 10.27     (a) (1) the name, address, and, in circumstances in which 
 10.28  child support or spousal maintenance will be addressed, social 
 10.29  security number of the petitioner and any prior or other name 
 10.30  used by the petitioner; 
 10.31     (b) (2) the name and, if known, the address and, in 
 10.32  circumstances in which child support or spousal maintenance will 
 10.33  be addressed, social security number of the respondent and any 
 10.34  prior or other name used by the respondent and known to the 
 10.35  petitioner; 
 10.36     (c) (3) the place and date of the marriage of the parties; 
 11.1      (d) (4) in the case of a petition for dissolution, that 
 11.2   either the petitioner or the respondent or both:  
 11.3      (1) (i) has resided in this state for not less than 180 
 11.4   days immediately preceding the commencement of the proceeding, 
 11.5   or; 
 11.6      (2) (ii) has been a member of the armed services and has 
 11.7   been stationed in this state for not less than 180 days 
 11.8   immediately preceding the commencement of the proceeding,; or 
 11.9      (3) (iii) has been a domiciliary of this state for not less 
 11.10  than 180 days immediately preceding the commencement of the 
 11.11  proceeding; 
 11.12     (e) (5) the name at the time of the petition and any prior 
 11.13  or other name, social security number, age, and date of birth of 
 11.14  each living minor or dependent child of the parties born before 
 11.15  the marriage or born or adopted during the marriage and a 
 11.16  reference to, and the expected date of birth of, a child of the 
 11.17  parties conceived during the marriage but not born; 
 11.18     (f) (6) whether or not a separate proceeding for 
 11.19  dissolution, legal separation, or custody is pending in a court 
 11.20  in this state or elsewhere; 
 11.21     (g) (7) in the case of a petition for dissolution, that 
 11.22  there has been an irretrievable breakdown of the marriage 
 11.23  relationship; 
 11.24     (h) (8) in the case of a petition for legal separation, 
 11.25  that there is a need for a decree of legal separation; 
 11.26     (i) (9) any temporary or permanent maintenance, child 
 11.27  support, child custody, disposition of property, attorneys' 
 11.28  fees, costs and disbursements applied for without setting forth 
 11.29  the amounts; and 
 11.30     (j) (10) whether an order for protection under chapter 518B 
 11.31  or a similar law of another state that governs the parties or a 
 11.32  party and a minor child of the parties is in effect and, if so, 
 11.33  the district court or similar jurisdiction in which it was 
 11.34  entered. 
 11.35     The petition shall must be verified by the petitioner or 
 11.36  petitioners, and its allegations established by competent 
 12.1   evidence. 
 12.2      Sec. 18.  Minnesota Statutes 2002, section 518.11, is 
 12.3   amended to read: 
 12.4      518.11 [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 
 12.5      (a) Unless a proceeding is brought by both parties, copies 
 12.6   of the summons and petition shall must be served on the 
 12.7   respondent personally.  
 12.8      (b) When Service is made out of this state and within the 
 12.9   United States, it may be proved by the affidavit of the person 
 12.10  making the same service.  When Service is made without 
 12.11  outside of the United States it may be proved by the affidavit 
 12.12  of the person making the same service, taken before and 
 12.13  certified: 
 12.14     (1) by any United States minister, charge d'affaires, 
 12.15  commissioner, consul or commercial agent, or other consular or 
 12.16  diplomatic officer of the United States appointed to reside 
 12.17  in such the country, including all deputies a deputy or other 
 12.18  representatives representative of such the officer authorized to 
 12.19  perform their the officer's duties; or 
 12.20     (2) before an officer authorized to administer an oath with 
 12.21  the certificate of an officer of a court of record of the 
 12.22  country wherein such in which the affidavit is taken as to the 
 12.23  identity and authority of the officer taking the same affidavit. 
 12.24     (c) If personal service cannot be made, the court may order 
 12.25  service of the summons by alternate means.  The application for 
 12.26  alternate service must include the last known location of the 
 12.27  respondent; the petitioner's most recent contacts with the 
 12.28  respondent; the last known location of the respondent's 
 12.29  employment; the names and locations of the respondent's parents, 
 12.30  siblings, children, and other close relatives; the names and 
 12.31  locations of other persons who are likely to know the 
 12.32  respondent's whereabouts; and a description of efforts to locate 
 12.33  those persons.  
 12.34     The court shall must consider the length of time the 
 12.35  respondent's location has been unknown, the likelihood that the 
 12.36  respondent's location will become known, the nature of the 
 13.1   relief sought, and the nature of efforts made to locate the 
 13.2   respondent.  The court shall must order service by first class 
 13.3   mail, forwarding address requested, to any addresses where there 
 13.4   is a reasonable possibility that mail or information will be 
 13.5   forwarded or communicated to the respondent or, if no address so 
 13.6   qualifies, then to the respondent's last known address.  
 13.7      If the petitioner seeks disposition of real estate located 
 13.8   within the state of in Minnesota, the court shall must order 
 13.9   that the summons, which shall must contain the legal description 
 13.10  of the real estate, be published in the county where the real 
 13.11  estate is located.  The court may also order publication, within 
 13.12  or without the state, but only if it might reasonably succeed in 
 13.13  notifying the respondent of the proceeding.  Also, the court may 
 13.14  require the petitioner to make efforts to locate the respondent 
 13.15  by telephone calls to appropriate persons.  Service shall be is 
 13.16  deemed complete 21 days after mailing or 21 days after 
 13.17  court-ordered publication. 
 13.18     Sec. 19.  Minnesota Statutes 2002, section 518.12, is 
 13.19  amended to read: 
 13.20     518.12 [TIME FOR ANSWERING.] 
 13.21     The respondent shall have has 30 days in which to answer 
 13.22  the petition.  In case of service by publication, the 30 
 13.23  days shall does not begin to run until the expiration of the 
 13.24  period allowed for publication.  In the case of a 
 13.25  counterpetition for dissolution or legal separation to a 
 13.26  petition for dissolution or legal separation, no answer shall be 
 13.27  is required to the counterpetition and the original 
 13.28  petitioner shall be is deemed to have denied each and every 
 13.29  statement, allegation, and claim in the counterpetition. 
 13.30     Sec. 20.  Minnesota Statutes 2002, section 518.13, is 
 13.31  amended to read: 
 13.32     518.13 [FAILURE TO ANSWER; FINDINGS; HEARING.] 
 13.33     Subdivision 1.  [DEFAULT.] If the respondent does not 
 13.34  appear after service duly made and proved, the court may hear 
 13.35  and determine the proceeding as a default matter. 
 13.36     Subd. 2.  [DISPUTE OVER IRRETRIEVABLE BREAKDOWN.] If one of 
 14.1   the parties has denied under oath or affirmation that the 
 14.2   marriage is irretrievably broken, the court shall must consider 
 14.3   all relevant factors, including the circumstances that gave rise 
 14.4   to the commencement of the proceeding and the prospect of 
 14.5   reconciliation, and shall make a finding whether the marriage is 
 14.6   irretrievably broken. 
 14.7      A finding of irretrievable breakdown under this subdivision 
 14.8   is a determination that there is no reasonable prospect of 
 14.9   reconciliation.  The finding must be supported by evidence that 
 14.10  (i) the parties have lived separate and apart for a period of 
 14.11  not less than 180 days immediately preceding the commencement of 
 14.12  the proceeding, or (ii) there is serious marital discord 
 14.13  adversely affecting the attitude of one or both of the parties 
 14.14  toward the marriage.  
 14.15     Subd. 3.  [AGREEMENT OVER IRRETRIEVABLE BREAKDOWN.] If both 
 14.16  parties by petition or otherwise have stated under oath or 
 14.17  affirmation that the marriage is irretrievably broken, or one of 
 14.18  the parties has so stated and the other has not denied it, the 
 14.19  court, after hearing, shall must make a finding that the 
 14.20  marriage is irretrievably broken.  
 14.21     Subd. 4.  [REFEREE; OPEN COURT.] The court or judge, upon 
 14.22  application, may refer the proceeding to a referee to take and 
 14.23  report the evidence therein.  Hearings for dissolution of 
 14.24  marriage shall must be heard in open court or before a referee 
 14.25  appointed by the court to receive the testimony of the 
 14.26  witnesses, or depositions taken as in other equitable actions.  
 14.27  However, the court may in its discretion close the hearing.  
 14.28     Subd. 5.  [APPROVAL WITHOUT HEARING.] Proposed findings of 
 14.29  fact, conclusions of law, order for judgment, and judgment and 
 14.30  decree must be submitted to the court for approval and filing 
 14.31  without a final hearing in the following situations: 
 14.32     (1) if there are no minor children of the marriage, and (i) 
 14.33  the parties have entered into a written stipulation, or (ii) the 
 14.34  respondent has not appeared after service duly made and proved 
 14.35  by affidavit and at least 20 days have elapsed since the time 
 14.36  for answering under section 518.12 expired; or 
 15.1      (2) if there are minor children of the marriage, the 
 15.2   parties have signed and acknowledged a stipulation, and all 
 15.3   parties are represented by counsel. 
 15.4      Notwithstanding clause (1) or (2), the court shall must 
 15.5   schedule the matter for hearing in any case where if the 
 15.6   proposed judgment and decree does not appear to be in the best 
 15.7   interests of the minor children or is contrary to the interests 
 15.8   of justice. 
 15.9      Sec. 21.  Minnesota Statutes 2002, section 518.131, is 
 15.10  amended to read: 
 15.11     518.131 [TEMPORARY ORDERS AND RESTRAINING ORDERS.] 
 15.12     Subdivision 1.  [PERMISSIBLE ORDERS.] In a proceeding 
 15.13  brought for custody, dissolution, or legal separation, or for 
 15.14  disposition of property, or maintenance, or child support 
 15.15  following the dissolution of a marriage, either party may, by 
 15.16  motion, request from the court and the court may grant a 
 15.17  temporary order pending the final disposition of the proceeding 
 15.18  to or for:  
 15.19     (a) (1) temporary custody and parenting time regarding the 
 15.20  minor children of the parties; 
 15.21     (b) (2) temporary maintenance of either spouse; 
 15.22     (c) Temporary child support for the children of the 
 15.23  parties; 
 15.24     (d) (3) temporary costs and reasonable attorney fees; 
 15.25     (e) Award the (4) temporary use and possession, exclusive 
 15.26  or otherwise, of the family home, furniture, household goods, 
 15.27  automobiles, and other property of the parties; 
 15.28     (f) (5) restrain one or both parties from transferring, 
 15.29  encumbering, concealing, or disposing of property except in the 
 15.30  usual course of business or for the necessities of life, and to 
 15.31  account to the court for all such transfers, encumbrances, 
 15.32  dispositions, and expenditures made after the order is served or 
 15.33  communicated to the party restrained in open court; 
 15.34     (g) (6) restrain one or both parties from harassing, 
 15.35  vilifying, mistreating, molesting, disturbing the peace, or 
 15.36  restraining the liberty of the other party or the children of 
 16.1   the parties; 
 16.2      (h) (7) restrain one or both parties from removing any 
 16.3   minor child of the parties from the jurisdiction of the court; 
 16.4      (i) (8) exclude a party from the family home of the parties 
 16.5   or from the home of the other party; and 
 16.6      (j) (9) require one or both of the parties to perform or to 
 16.7   not perform such additional acts as that will facilitate the 
 16.8   just and speedy disposition of the proceeding, or will protect 
 16.9   the parties or their children from physical or emotional harm.  
 16.10     Subd. 2.  [IMPERMISSIBLE ORDERS.] No A temporary order 
 16.11  shall must not: 
 16.12     (a) (1) deny parenting time to a parent unless the court 
 16.13  finds that the parenting time is likely to cause physical or 
 16.14  emotional harm to the child; 
 16.15     (b) (2) exclude a party from the family home of the parties 
 16.16  unless the court finds that physical or emotional harm to one of 
 16.17  the parties or to the children of the parties is likely to 
 16.18  result, or that the exclusion is reasonable in the 
 16.19  circumstances; or 
 16.20     (c) (3) vacate or modify an order granted under section 
 16.21  518B.01, subdivision 6, paragraph (a), clause (1), restraining 
 16.22  an abusing party from committing acts of domestic abuse, except 
 16.23  that the court may hear a motion for modification of an order 
 16.24  for protection concurrently with a proceeding for dissolution of 
 16.25  marriage upon notice of motion and motion.  The notice required 
 16.26  by court rule shall must not be waived.  If the proceedings are 
 16.27  consolidated and the motion to modify is granted, a separate 
 16.28  order for modification of an order for protection shall must be 
 16.29  issued. 
 16.30     Subd. 3.  [EX PARTE RESTRAINING ORDER; LIMITATIONS.] A 
 16.31  party may request and the court may make an ex parte restraining 
 16.32  order which may include that includes any matter that may be 
 16.33  included in a temporary order except it may not:  
 16.34     (a) A restraining order may not (1) exclude either party 
 16.35  from the family home of the parties except upon a finding by the 
 16.36  court of immediate danger of physical harm to the other party or 
 17.1   the children of either party; and or 
 17.2      (b) A restraining order may not (2) deny parenting time to 
 17.3   either party or grant custody of the minor children to either 
 17.4   party except upon a finding by the court of immediate danger of 
 17.5   physical harm to the minor children of the parties.  
 17.6      Subd. 4.  [HEARING ON RESTRAINING ORDER; DURATION.] A 
 17.7   restraining orders shall order must be personally served upon 
 17.8   the party to be restrained and shall be accompanied along with a 
 17.9   notice of the time and place of a hearing for a temporary order 
 17.10  for disposition of the matters contained in the restraining 
 17.11  order at a hearing for a temporary order.  When If a restraining 
 17.12  order has been issued, a hearing on the temporary order shall 
 17.13  must be held at the earliest practicable date.  The restrained 
 17.14  party may upon written notice to the other party advance the 
 17.15  hearing date to a time earlier than that noticed by the other 
 17.16  party.  The restraining order shall continue continues in full 
 17.17  force and effect only until the hearing time noticed, unless the 
 17.18  court, for good cause and upon notice, extends the time for 
 17.19  hearing.  
 17.20     Subd. 5.  [DURATION OF TEMPORARY ORDER.] A temporary order 
 17.21  shall continue continues in full force and effect until the 
 17.22  earlier of its amendment or vacation, dismissal of the main 
 17.23  action, or entry of a final decree of dissolution or legal 
 17.24  separation.  
 17.25     Subd. 6.  [EFFECT OF DISMISSAL OF MAIN ACTION.] If a 
 17.26  proceeding for dissolution or legal separation is dismissed, a 
 17.27  temporary custody order is vacated unless one of the parties or 
 17.28  the child's custodian moves that the proceeding continue as a 
 17.29  custody proceeding and the court finds, after a hearing, that 
 17.30  the circumstances of the parties and the best interests of the 
 17.31  child require that a custody order be issued.  
 17.32     Subd. 7.  [GUIDING FACTORS.] The court shall must be guided 
 17.33  by the factors set forth in sections 518.551 (concerning child 
 17.34  support), 518.552 (concerning maintenance), 518.17 to 518.175 
 17.35  517B.17, 517B.18, and 517B.25 (concerning custody and parenting 
 17.36  time), and 518.14 (concerning costs and attorney fees) in making 
 18.1   temporary orders and restraining orders. 
 18.2      Subd. 8.  [BASIS FOR ORDER.] Temporary orders shall must be 
 18.3   made solely on the basis of affidavits and argument of counsel 
 18.4   except upon demand by either party in a motion or responsive 
 18.5   motion made within the time limit for making and filing a 
 18.6   responsive motion that the matter be heard on oral testimony 
 18.7   before the court, or if the court in its discretion orders the 
 18.8   taking of oral testimony. 
 18.9      Subd. 9.  [PREJUDICIAL EFFECT, REVOCATION; MODIFICATION.] A 
 18.10  temporary order or restraining order:  
 18.11     (a) Shall (1) must not prejudice the rights of the parties 
 18.12  or the child which are to be adjudicated at subsequent hearings 
 18.13  in the proceeding; and 
 18.14     (b) (2) may be revoked or modified by the court before the 
 18.15  final disposition of the proceeding upon the same grounds and 
 18.16  subject to the same requirements as the initial granting of the 
 18.17  order.  
 18.18     Subd. 10.  [MISDEMEANOR.] In addition to being punishable 
 18.19  by contempt, a violation of a provision of a temporary order or 
 18.20  restraining order granting the relief authorized in subdivision 
 18.21  1, clause (g) (6), (h) (7), or (i) (8), is a misdemeanor. 
 18.22     Subd. 11.  [TEMPORARY SUPPORT AND MAINTENANCE.] Temporary 
 18.23  support and maintenance may be ordered during the time a 
 18.24  parenting plan is being developed under section 518.1705. 
 18.25     Sec. 22.  Minnesota Statutes 2002, section 518.14, 
 18.26  subdivision 1, is amended to read: 
 18.27     Subdivision 1.  [GENERAL.] (a) Except as provided in 
 18.28  subdivision 2, in a proceeding under this chapter or chapter 
 18.29  517B or 517C, the court shall must award attorney fees, costs, 
 18.30  and disbursements in an amount necessary to enable a party to 
 18.31  carry on or contest the proceeding, provided if it finds that: 
 18.32     (1) that the fees are necessary for the good-faith 
 18.33  assertion of the party's rights in the proceeding and will not 
 18.34  contribute unnecessarily to the length and expense of the 
 18.35  proceeding; 
 18.36     (2) that the party from whom fees, costs, and disbursements 
 19.1   are sought has the means to pay them; and 
 19.2      (3) that the party to whom fees, costs, and disbursements 
 19.3   are awarded does not have the means to pay them. 
 19.4      (b) Nothing in this section precludes the court from 
 19.5   awarding, in its discretion, additional fees, costs, and 
 19.6   disbursements against a party who unreasonably contributes to 
 19.7   the length or expense of the proceeding.  Fees, costs, and 
 19.8   disbursements provided for in this section may be awarded at any 
 19.9   point in the proceeding, including a modification proceeding 
 19.10  under sections 518.18 and 518.64.  The court may adjudge costs 
 19.11  and disbursements against either party.  The court may authorize 
 19.12  the collection of money awarded by execution, or out of property 
 19.13  sequestered, or in any other manner within the power of the 
 19.14  court.  An award of attorney's fees made by the court during the 
 19.15  pendency of the proceeding or in the final judgment survives the 
 19.16  proceeding and if not paid by the party directed to pay the same 
 19.17  them may be enforced as above provided in the manner provided in 
 19.18  this paragraph or by a separate civil action brought in the 
 19.19  attorney's own name.  If the proceeding is dismissed or 
 19.20  abandoned prior to determination and award of attorney's fees, 
 19.21  the court may nevertheless award attorney's fees upon the 
 19.22  attorney's motion.  The award shall also survive survives the 
 19.23  proceeding and may be enforced in the same manner as last above 
 19.24  provided in this paragraph. 
 19.25     Sec. 23.  Minnesota Statutes 2002, section 518.148, is 
 19.26  amended to read: 
 19.27     518.148 [CERTIFICATION OF DISSOLUTION.] 
 19.28     Subdivision 1.  [CERTIFICATE OF DISSOLUTION.] An attorney 
 19.29  or pro se party may prepare and submit to the court a separate 
 19.30  certificate of dissolution to be attached to the judgment and 
 19.31  decree at the time of granting the dissolution of marriage.  
 19.32  Upon approval by the court and filing of the certificate of 
 19.33  dissolution with the court administrator, the court 
 19.34  administrator shall must provide to any party upon request 
 19.35  certified copies of the certificate of dissolution. 
 19.36     Subd. 2.  [REQUIRED INFORMATION.] The certificate shall 
 20.1   must include the following information: 
 20.2      (1) the full caption and file number of the case and the 
 20.3   title "Certificate of Dissolution"; 
 20.4      (2) the names and any prior or other names of the parties 
 20.5   to the dissolution; 
 20.6      (3) the names of any living minor or dependent children as 
 20.7   identified in the judgment and decree; 
 20.8      (4) that the marriage of the parties is dissolved; 
 20.9      (5) the date of the judgment and decree; and 
 20.10     (6) the social security number of the parties to the 
 20.11  dissolution and the social security number of any living minor 
 20.12  or dependent children identified in the judgment and decree. 
 20.13     Subd. 3.  [CERTIFICATION.] The certificate of 
 20.14  dissolution shall be is conclusive evidence of the facts recited 
 20.15  in the certificate. 
 20.16     Sec. 24.  Minnesota Statutes 2002, section 518.191, 
 20.17  subdivision 1, is amended to read: 
 20.18     Subdivision 1.  [ABBREVIATED JUDGMENT AND DECREE.] If real 
 20.19  estate is described in a judgment and decree of dissolution, the 
 20.20  court may direct either of the parties or their legal counsel to 
 20.21  prepare and submit to the court a proposed summary real estate 
 20.22  disposition judgment.  Upon approval by the court and filing of 
 20.23  the summary real estate disposition judgment with the court 
 20.24  administrator, the court administrator shall must provide to any 
 20.25  party upon request certified copies of the summary real estate 
 20.26  disposition judgment. 
 20.27     Sec. 25.  Minnesota Statutes 2002, section 518.195, 
 20.28  subdivision 2, is amended to read: 
 20.29     Subd. 2.  [PROCEDURE.] A couple qualifying under all of the 
 20.30  criteria in subdivision 1, may obtain a judgment and decree by: 
 20.31     (1) filing a sworn joint declaration, on which both of 
 20.32  their signatures must be notarized, containing or appending the 
 20.33  following information: 
 20.34     (i) the demographic data required in section 518.10; 
 20.35     (ii) verifying the qualifications set forth in subdivision 
 20.36  1; 
 21.1      (iii) listing each party's nonmarital property; 
 21.2      (iv) setting forth how the marital assets and debts will be 
 21.3   apportioned; 
 21.4      (v) verifying both parties' income and preserving their 
 21.5   rights to spousal maintenance; and 
 21.6      (vi) certifying that there has been no domestic abuse of 
 21.7   one party by the other; and 
 21.8      (2) viewing any introductory and summary process 
 21.9   educational videotapes, if then available from the court, and 
 21.10  certifying that they watched any such tapes within the 30 days 
 21.11  preceding the filing of the joint declaration. 
 21.12     The district court administrator shall must enter a decree 
 21.13  of dissolution 30 days after the filing of the joint declaration 
 21.14  if the parties meet the statutory qualifications and have 
 21.15  complied with the procedural requirements of this subdivision. 
 21.16     Sec. 26.  Minnesota Statutes 2002, section 518.195, 
 21.17  subdivision 3, is amended to read: 
 21.18     Subd. 3.  [FORMS.] The state court administrator shall must 
 21.19  develop simplified forms and instructions for the summary 
 21.20  process.  District court administrators shall must make the 
 21.21  forms for the summary process available upon request and shall 
 21.22  must accept joint declarations for filing on and after July 1, 
 21.23  1997. 
 21.24     Sec. 27.  Minnesota Statutes 2002, section 518.24, is 
 21.25  amended to read: 
 21.26     518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 
 21.27     In all cases when If maintenance or support payments are 
 21.28  ordered, the court may require sufficient security to be given 
 21.29  for the payment of them according to the terms of the order.  
 21.30  Upon neglect or refusal to give security, or upon failure to pay 
 21.31  the maintenance or support, the court may sequester the 
 21.32  obligor's personal estate and the rents and profits of real 
 21.33  estate of the obligor, and appoint a receiver of them.  The 
 21.34  court may cause the personal estate and the rents and profits of 
 21.35  the real estate to be applied according to the terms of the 
 21.36  order.  The obligor is presumed to have an income from a source 
 22.1   sufficient to pay the maintenance or support order.  A child 
 22.2   support or maintenance order constitutes prima facie evidence 
 22.3   that the obligor has the ability to pay the award.  If the 
 22.4   obligor disobeys the order, it is prima facie evidence of 
 22.5   contempt.  The court may cite the obligor for contempt under 
 22.6   this section, section 518.617, or chapter 588. 
 22.7      Sec. 28.  Minnesota Statutes 2002, section 518.25, is 
 22.8   amended to read: 
 22.9      518.25 [REMARRIAGE; REVOCATION.] 
 22.10     When a dissolution has been granted, and the parties 
 22.11  afterward intermarry If two people remarry each other after 
 22.12  dissolution of their prior marriage, the court, upon their joint 
 22.13  application, and upon satisfactory proof of such the marriage, 
 22.14  may revoke all decrees and orders of dissolution, maintenance, 
 22.15  and subsistence which will that do not affect the rights of 
 22.16  third persons. 
 22.17     Sec. 29.  Minnesota Statutes 2002, section 518.27, is 
 22.18  amended to read: 
 22.19     518.27 [NAME OF PARTY.] 
 22.20     Except as provided in section 259.13, in the final decree 
 22.21  of dissolution or legal separation the court shall must, if 
 22.22  requested by a party, change the name of that party to another 
 22.23  name as the party requests.  The court shall must grant a 
 22.24  request unless it finds that there is an intent to defraud or 
 22.25  mislead, unless the name change is subject to section 259.13, in 
 22.26  which case the requirements of that section apply.  The 
 22.27  court shall must notify the parties that use of a different 
 22.28  surname after dissolution or legal separation without complying 
 22.29  with section 259.13, if applicable, is a gross misdemeanor.  The 
 22.30  party's new name shall must be so designated in the final decree.
 22.31     Sec. 30.  Minnesota Statutes 2002, section 518.54, 
 22.32  subdivision 1, is amended to read: 
 22.33     Subdivision 1.  [TERMS SCOPE.] For the purposes of sections 
 22.34  518.54 to 518.66, the terms defined The definitions in this 
 22.35  section shall have the meanings respectively ascribed to 
 22.36  them apply to sections 517A.31 to 517A.41. 
 23.1      Sec. 31.  Minnesota Statutes 2002, section 518.54, 
 23.2   subdivision 5, is amended to read: 
 23.3      Subd. 5.  [MARITAL PROPERTY; EXCEPTIONS.] "Marital 
 23.4   property" means property, real or personal property, including 
 23.5   vested public or private pension plan benefits or rights, 
 23.6   acquired by one or both of the parties, or either of them, to a 
 23.7   dissolution, legal separation, or annulment proceeding at any 
 23.8   time during the existence of the marriage relation between them, 
 23.9   or at any time during which the parties were living together as 
 23.10  husband and wife under a purported marriage relationship which 
 23.11  is annulled in an annulment proceeding, but prior to the date of 
 23.12  valuation under section 518.58, subdivision 1.  All property 
 23.13  acquired by either spouse subsequent to the marriage and before 
 23.14  the valuation date is presumed to be marital property regardless 
 23.15  of whether title is held individually or by the spouses in a 
 23.16  form of coownership such as joint tenancy, tenancy in common, 
 23.17  tenancy by the entirety, or community property.  Each 
 23.18  spouse shall be is deemed to have a common ownership in marital 
 23.19  property that vests not later than the time of the entry of the 
 23.20  decree in a proceeding for dissolution or annulment.  The extent 
 23.21  of the vested interest shall must be determined and made final 
 23.22  by the court pursuant to section 518.58.  If a title interest in 
 23.23  real property is held individually by only one spouse, the 
 23.24  interest in the real property of the nontitled spouse is not 
 23.25  subject to claims of creditors or judgment or tax liens until 
 23.26  the time of entry of the decree awarding an interest to the 
 23.27  nontitled spouse.  The presumption of marital property is 
 23.28  overcome by a showing that the property is nonmarital property. 
 23.29     "Nonmarital property" means property real or personal, 
 23.30  acquired by either spouse before, during, or after the existence 
 23.31  of their marriage, which: 
 23.32     (a) (1) is acquired as a gift, bequest, devise, or 
 23.33  inheritance made by a third party to one but not to the other 
 23.34  spouse; 
 23.35     (b) (2) is acquired before the marriage; 
 23.36     (c) (3) is acquired in exchange for or is the increase in 
 24.1   value of property which is described in clauses (a), (b), (d), 
 24.2   and (e) clause (1), (2), (4), or (5); 
 24.3      (d) (4) is acquired by a spouse after the valuation date; 
 24.4   or 
 24.5      (e) (5) is excluded by a valid antenuptial contract. 
 24.6      Sec. 32.  Minnesota Statutes 2002, section 518.54, 
 24.7   subdivision 6, is amended to read: 
 24.8      Subd. 6.  [INCOME.] "Income" means any form of periodic 
 24.9   payment to an individual including, but not limited to, wages, 
 24.10  salaries, payments to an independent contractor, workers' 
 24.11  compensation, unemployment benefits, and annuity, military and 
 24.12  or naval retirement, pension and or disability payments.  
 24.13  "Income" does not include benefits received under Title IV-A of 
 24.14  the Social Security Act and or chapter 256J are not income under 
 24.15  this section. 
 24.16     Sec. 33.  Minnesota Statutes 2002, section 518.54, 
 24.17  subdivision 7, is amended to read: 
 24.18     Subd. 7.  [OBLIGEE.] "Obligee" means a person to whom 
 24.19  payments for maintenance or support are owed.  
 24.20     Sec. 34.  Minnesota Statutes 2002, section 518.54, 
 24.21  subdivision 8, is amended to read: 
 24.22     Subd. 8.  [OBLIGOR.] "Obligor" means a person obligated to 
 24.23  pay maintenance or support.  A person who is designated as the 
 24.24  sole physical custodian of a child is presumed not to be an 
 24.25  obligor for purposes of calculating current support under 
 24.26  section 518.551 unless the court makes specific written findings 
 24.27  to overcome this presumption. 
 24.28     Sec. 35.  Minnesota Statutes 2002, section 518.55, is 
 24.29  amended to read: 
 24.30     518.55 [MAINTENANCE OR SUPPORT MONEY.] 
 24.31     Subdivision 1.  [CONTENTS OF ORDER.] Every award of 
 24.32  maintenance or support money in a judgment of dissolution or 
 24.33  legal separation shall must clearly designate whether the same 
 24.34  it is maintenance or support money, or what part of the award is 
 24.35  maintenance and what part is support money.  An award of 
 24.36  payments from future income or earnings of the parent with whom 
 25.1   the child resides is presumed to be maintenance and an award of 
 25.2   payments from the future income or earnings of the parent with 
 25.3   whom the child does not reside is presumed to be support money, 
 25.4   unless otherwise designated by the court.  In a judgment of 
 25.5   dissolution or legal separation the court may determine, as one 
 25.6   of the issues of the case, whether or not either spouse is 
 25.7   entitled to an award of maintenance notwithstanding that no 
 25.8   award is then made, or it may reserve jurisdiction of the issue 
 25.9   of maintenance for determination at a later date. 
 25.10     Subd. 3.  [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] Every 
 25.11  obligor shall must notify the obligee and the public authority 
 25.12  responsible for collection, if applicable, of a change of 
 25.13  address or residence within 60 days of the address or residence 
 25.14  change.  Every order for support or maintenance must contain a 
 25.15  conspicuous notice complying with section 518.68, subdivision 
 25.16  2 517C.99.  The court may waive or modify the requirements of 
 25.17  this subdivision by order if necessary to protect the obligor 
 25.18  from contact by the obligee. 
 25.19     Subd. 4.  [DETERMINATION OF CONTROLLING ORDER.] The public 
 25.20  authority or a party may request the district court to determine 
 25.21  a controlling order in situations in which more than one order 
 25.22  involving the same obligor and child exists. 
 25.23     Sec. 36.  Minnesota Statutes 2002, section 518.552, is 
 25.24  amended to read: 
 25.25     518.552 [MAINTENANCE.] 
 25.26     Subdivision 1.  [JURISDICTION; GROUNDS.] In a proceeding 
 25.27  for dissolution of marriage or legal separation, or in a 
 25.28  proceeding for maintenance following dissolution of the marriage 
 25.29  by a court which lacked personal jurisdiction over the absent 
 25.30  spouse and which has since acquired jurisdiction, the court may 
 25.31  grant a maintenance order for either spouse if it finds that the 
 25.32  spouse seeking maintenance: 
 25.33     (a) (1) lacks sufficient property, including marital 
 25.34  property apportioned to the spouse, to provide for reasonable 
 25.35  needs of the spouse considering the standard of living 
 25.36  established during the marriage, especially, but not limited to, 
 26.1   a period of training or education,; or 
 26.2      (b) (2) is unable to provide adequate self-support, after 
 26.3   considering the standard of living established during the 
 26.4   marriage and all relevant circumstances, through appropriate 
 26.5   employment,; or is the custodian of 
 26.6      (3) if a child whose resides with the spouse and the 
 26.7   child's condition or circumstances make it appropriate that 
 26.8   the custodian spouse not be required to seek employment outside 
 26.9   the home. 
 26.10     Subd. 2.  [AMOUNT; DURATION.] The maintenance order shall 
 26.11  must be in amounts and for periods of time, either temporary or 
 26.12  permanent, as that the court deems just, without regard to 
 26.13  marital misconduct, and after considering all relevant factors 
 26.14  including: 
 26.15     (a) (1) the financial resources of the party seeking 
 26.16  maintenance, including marital property apportioned to the 
 26.17  party, and the party's ability to meet needs independently, 
 26.18  including the extent to which a provision for support of a child 
 26.19  living with the party includes a sum for that party as custodian 
 26.20  caretaker; 
 26.21     (b) (2) the time necessary to acquire sufficient education 
 26.22  or training to enable the party seeking maintenance to find 
 26.23  appropriate employment, and the probability, given the party's 
 26.24  age and skills, of completing education or training and becoming 
 26.25  fully or partially self-supporting; 
 26.26     (c) (3) the standard of living established during the 
 26.27  marriage; 
 26.28     (d) (4) the duration of the marriage and, in the case of a 
 26.29  homemaker, the length of absence from employment and the extent 
 26.30  to which any education, skills, or experience have become 
 26.31  outmoded and earning capacity has become permanently diminished; 
 26.32     (e) (5) the loss of earnings, seniority, retirement 
 26.33  benefits, and other employment opportunities forgone by the 
 26.34  spouse seeking spousal maintenance; 
 26.35     (f) (6) the age, and the physical and emotional condition 
 26.36  of the spouse seeking maintenance; 
 27.1      (g) (7) the ability of the spouse from whom maintenance is 
 27.2   sought to meet needs while meeting those of the spouse seeking 
 27.3   maintenance; and 
 27.4      (h) (8) the contribution of each party in the acquisition, 
 27.5   preservation, depreciation, or appreciation in the amount or 
 27.6   value of the marital property, as well as the contribution of a 
 27.7   spouse as a homemaker or in furtherance of the other party's 
 27.8   employment or business. 
 27.9      Subd. 3.  [PERMANENCY OF AWARD.] Nothing in This section 
 27.10  shall must not be construed to favor a temporary award of 
 27.11  maintenance over a permanent award, where if the factors under 
 27.12  subdivision 2 justify a permanent award. 
 27.13     Where If there is some uncertainty as to the necessity of a 
 27.14  permanent award, the court shall must order a permanent award 
 27.15  leaving its order open for later modification. 
 27.16     Subd. 4.  [REOPENING MAINTENANCE AWARDS.] Section 518.145, 
 27.17  subdivision 2, applies to maintenance awards of spousal 
 27.18  maintenance. 
 27.19     Subd. 5.  [PRIVATE AGREEMENTS.] The parties may expressly 
 27.20  preclude or limit modification of maintenance through a 
 27.21  stipulation, if the court makes specific findings that the 
 27.22  stipulation is fair and, equitable, is and supported by 
 27.23  consideration described in the findings, and that full 
 27.24  disclosure of each party's financial circumstances has 
 27.25  occurred.  The stipulation must be made a part of the judgment 
 27.26  and decree. 
 27.27     Sec. 37.  Minnesota Statutes 2002, section 518.58, is 
 27.28  amended to read: 
 27.29     518.58 [DIVISION OF MARITAL PROPERTY.] 
 27.30     Subdivision 1.  [GENERAL.] Upon a dissolution of a 
 27.31  marriage, an annulment, or in a proceeding for disposition of 
 27.32  property following a dissolution of marriage by a court which 
 27.33  lacked personal jurisdiction over the absent spouse or lacked 
 27.34  jurisdiction to dispose of the property and which has since 
 27.35  acquired jurisdiction, the court shall must make a just and 
 27.36  equitable division of the marital property of the parties 
 28.1   without regard to marital misconduct, after making findings 
 28.2   regarding the division of the property.  The court shall must 
 28.3   base its findings on all relevant factors including the length 
 28.4   of the marriage, any prior marriage of a party, the age, health, 
 28.5   station, occupation, amount and sources of income, vocational 
 28.6   skills, employability, estate, liabilities, needs, opportunity 
 28.7   for future acquisition of capital assets, and income of each 
 28.8   party.  The court shall must also consider the contribution of 
 28.9   each in the acquisition, preservation, depreciation, or 
 28.10  appreciation in the amount or value of the marital property, as 
 28.11  well as the contribution of a spouse as a homemaker.  It shall 
 28.12  be is conclusively presumed that each spouse made a substantial 
 28.13  contribution to the acquisition of income and property while 
 28.14  they were living together as husband and wife.  The court may 
 28.15  also award to either spouse the household goods and furniture of 
 28.16  the parties, whether or not acquired during the marriage.  The 
 28.17  court shall must value marital assets for purposes of division 
 28.18  between the parties as of the day of the initially scheduled 
 28.19  prehearing settlement conference, unless a different date is 
 28.20  agreed upon by the parties, or unless the court makes specific 
 28.21  findings that another date of valuation is fair and equitable.  
 28.22  If there is a substantial change in value of an asset between 
 28.23  the date of valuation and the final distribution, the court may 
 28.24  adjust the valuation of that asset as necessary to effect an 
 28.25  equitable distribution.  
 28.26     Subd. 1a.  [TRANSFER, ENCUMBRANCE, CONCEALMENT, OR 
 28.27  DISPOSITION OF MARITAL ASSETS.] In contemplation of commencing 
 28.28  or during the pendency of a marriage dissolution, separation, or 
 28.29  annulment proceeding, or in contemplation of commencing a 
 28.30  marriage dissolution, separation, or annulment proceeding, each 
 28.31  party owes a fiduciary duty to the other for any profit or loss 
 28.32  derived by the party, without the consent of the other, from a 
 28.33  transaction or from any use by the party of the marital assets.  
 28.34  If the court finds that a party to a marriage, without consent 
 28.35  of the other party, has in contemplation of commencing, or 
 28.36  during the pendency of, the current dissolution, separation, or 
 29.1   annulment proceeding, transferred, encumbered, concealed, or 
 29.2   disposed of marital assets except in the usual course of 
 29.3   business or for the necessities of life, the court shall must 
 29.4   compensate the other party by placing both parties in the same 
 29.5   position that they would have been in had the transfer, 
 29.6   encumbrance, concealment, or disposal not occurred.  The burden 
 29.7   of proof under this subdivision is on the party claiming that 
 29.8   the other party transferred, encumbered, concealed, or disposed 
 29.9   of marital assets in contemplation of commencing or during the 
 29.10  pendency of the current dissolution, separation, or annulment 
 29.11  proceeding, without consent of the claiming party, and that the 
 29.12  transfer, encumbrance, concealment, or disposal was not in the 
 29.13  usual course of business or for the necessities of life.  In 
 29.14  compensating a party under this section, the court, in dividing 
 29.15  the marital property, may impute the entire value of an asset 
 29.16  and a fair return on the asset to the party who transferred, 
 29.17  encumbered, concealed, or disposed of it.  Use of a power of 
 29.18  attorney, or the absence of a restraining order against the 
 29.19  transfer, encumbrance, concealment, or disposal of marital 
 29.20  property is not available as a defense under this subdivision. 
 29.21     Subd. 2.  [AWARD OF NONMARITAL PROPERTY.] If the court 
 29.22  finds that either spouse's resources or property, including the 
 29.23  spouse's portion of the marital property as defined in section 
 29.24  518.54, subdivision 5, are so inadequate as to work an unfair 
 29.25  hardship, considering all relevant circumstances, the court may, 
 29.26  in addition to the marital property, apportion up to one-half of 
 29.27  the property otherwise excluded under section 518.54, 
 29.28  subdivision 5, clauses (a) (1) to (d) (4), to prevent the unfair 
 29.29  hardship.  If the court apportions property other than marital 
 29.30  property, it shall must make findings in support of the 
 29.31  apportionment.  The findings shall must be based on all relevant 
 29.32  factors including the length of the marriage, any prior marriage 
 29.33  of a party, the age, health, station, occupation, amount and 
 29.34  sources of income, vocational skills, employability, estate, 
 29.35  liabilities, needs, and opportunity for future acquisition of 
 29.36  capital assets and income of each party. 
 30.1      Subd. 3.  [SALE OR DISTRIBUTION WHILE PROCEEDING PENDING.] 
 30.2   (a) If the court finds that it is necessary to preserve the 
 30.3   marital assets of the parties, the court may order the sale of 
 30.4   the homestead of the parties or the sale of other marital 
 30.5   assets, as the individual circumstances may require, during the 
 30.6   pendency of a proceeding for a dissolution of marriage or an 
 30.7   annulment.  If the court orders a sale, it may further provide 
 30.8   for the disposition of the funds received from the sale during 
 30.9   the pendency of the proceeding. If liquid or readily liquidated 
 30.10  marital property other than property representing vested pension 
 30.11  benefits or rights is available, the court, so far as possible, 
 30.12  shall must divide the property representing vested pension 
 30.13  benefits or rights by the disposition of an equivalent amount of 
 30.14  the liquid or readily liquidated property.  
 30.15     (b) The court may order a partial distribution of marital 
 30.16  assets during the pendency of a proceeding for a dissolution of 
 30.17  marriage or an annulment for good cause shown or upon the 
 30.18  request of both parties, provided that as long as the court 
 30.19  shall fully protect protects the interests of the other party. 
 30.20     Subd. 4.  [PENSION PLANS.] (a) The division of marital 
 30.21  property that represents pension plan benefits or rights in the 
 30.22  form of future pension plan payments:  
 30.23     (1) is payable only to the extent of the amount of the 
 30.24  pension plan benefit payable under the terms of the plan; 
 30.25     (2) is not payable for a period that exceeds the time that 
 30.26  pension plan benefits are payable to the pension plan benefit 
 30.27  recipient; 
 30.28     (3) is not payable in a lump sum amount from pension plan 
 30.29  assets attributable in any fashion to a spouse with the status 
 30.30  of an active member, deferred retiree, or benefit recipient of a 
 30.31  pension plan; 
 30.32     (4) if the former spouse to whom the payments are to be 
 30.33  made dies prior to the end of the specified payment period with 
 30.34  the right to any remaining payments accruing to an estate or to 
 30.35  more than one survivor, is payable only to a trustee on behalf 
 30.36  of the estate or the group of survivors for subsequent 
 31.1   apportionment by the trustee; and 
 31.2      (5) in the case of public pension plan benefits or rights, 
 31.3   may not commence until the public plan member submits a valid 
 31.4   application for a public pension plan benefit and the benefit 
 31.5   becomes payable. 
 31.6      (b) The An individual retirement account plans plan 
 31.7   established under chapter 354B may provide in its plan document, 
 31.8   if published and made generally available, for an alternative 
 31.9   marital property division or distribution of individual 
 31.10  retirement account plan assets.  If an alternative division or 
 31.11  distribution procedure is provided, it applies in place of 
 31.12  paragraph (a), clause (5). 
 31.13     Sec. 38.  Minnesota Statutes 2002, section 518.581, is 
 31.14  amended to read: 
 31.15     518.581 [SURVIVING SPOUSE BENEFIT.] 
 31.16     Subdivision 1.  [AWARD OF BENEFIT.] If a current or former 
 31.17  employee's marriage is dissolved, the court may order the 
 31.18  employee, the employee's pension plan, or both, to pay amounts 
 31.19  as part of the division of pension rights that the court may 
 31.20  make under section 518.58, or as an award of maintenance in the 
 31.21  form of a percentage of periodic or other payments or in the 
 31.22  form of a fixed dollar amount.  The court may, as part of the 
 31.23  order, award a former spouse all or part of a survivor benefit 
 31.24  unless the plan does not allow by law the payment of a surviving 
 31.25  spouse benefit to a former spouse. 
 31.26     Subd. 2.  [PAYMENT OF FUNDS BY RETIREMENT PLAN.] (a) If the 
 31.27  court has ordered that a spouse has an interest in a pension 
 31.28  plan, the court may order the pension plan to withhold payment 
 31.29  of a refund upon termination of employment or lump sum 
 31.30  distribution to the extent of the spouse's interest in the plan, 
 31.31  or to provide survivor benefits ordered by the court.  
 31.32     (b) The court may not order the pension plan to:  
 31.33     (1) pay more than the equivalent of one surviving spouse 
 31.34  benefit, regardless of the number of spouses or former spouses 
 31.35  who may be sharing in a portion of the total benefit; 
 31.36     (2) pay surviving spouse benefits under circumstances where 
 32.1   the plan member does not have a right to elect surviving spouse 
 32.2   benefits; 
 32.3      (3) pay surviving spouse benefits to a former spouse if the 
 32.4   former spouse would not be eligible for benefits under the terms 
 32.5   of the plan; or 
 32.6      (4) order pay survivor benefits which, when combined with 
 32.7   the annuity or benefit payable to the pension plan member, 
 32.8   exceed the actuarial equivalent value of the normal retirement 
 32.9   annuity form, determined under the plan documents of the pension 
 32.10  plan then in effect and the actuarial assumptions then in effect 
 32.11  for calculating optional annuity forms by the pension plan or 
 32.12  for calculating the funding requirements of the pension plan if 
 32.13  no optional annuity forms are provided by the pension plan. 
 32.14     (c) If more than one spouse or former spouse is entitled to 
 32.15  a surviving spouse benefit, the pension plan shall must pay each 
 32.16  spouse a portion of the benefit based on the ratio of the number 
 32.17  of years the spouse was married to the plan member to the total 
 32.18  number of years the plan member was married to spouses who are 
 32.19  entitled to the benefit. 
 32.20     Subd. 3.  [NOTICE TO FORMER SPOUSE.] A pension plan 
 32.21  shall must notify a former spouse of an application by the 
 32.22  employee for a refund of pension benefits if the former spouse 
 32.23  has filed with the pension plan: 
 32.24     (1) a copy of the court order, including a withholding 
 32.25  order, determining the former spouse's rights; 
 32.26     (2) the name and last known address of the employee; and 
 32.27     (3) the name and address of the former spouse. 
 32.28     A pension plan shall must comply with an order, including a 
 32.29  withholding order, issued by a court having jurisdiction over 
 32.30  dissolution of marriage that is served on the pension plan, if 
 32.31  the order states the name, last known address of the payees, and 
 32.32  name and address of the former spouse, or if the names and 
 32.33  addresses are provided to the pension plan with service of the 
 32.34  order. 
 32.35     Subd. 4.  [DEFINITIONS.] For purposes of The definitions in 
 32.36  this subdivision apply to this section, the following terms have 
 33.1   the meanings given in this subdivision. 
 33.2      (a) "Current or former employee" or "employee" means an 
 33.3   individual who has an interest in a pension plan. 
 33.4      (b) "Surviving spouse benefit" means (1) a benefit a 
 33.5   surviving spouse may be eligible for under the laws and bylaws 
 33.6   of the pension plan if the employee dies before retirement, or 
 33.7   (2) a benefit selected for or available to a surviving spouse 
 33.8   under the laws and bylaws of the pension plan upon the death of 
 33.9   the employee after retirement. 
 33.10     Sec. 39.  Minnesota Statutes 2002, section 518.582, is 
 33.11  amended to read: 
 33.12     518.582 [PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.] 
 33.13     Subdivision 1.  [APPOINTMENT OF ACTUARY.] Each A court of 
 33.14  this state that has with jurisdiction to decide marriage 
 33.15  dissolution matters may appoint a qualified person experienced 
 33.16  in the valuation of pension benefits and rights to function as 
 33.17  an expert witness in valuing pension benefits or rights. 
 33.18     Subd. 2.  [STANDARDS.] (a) A court appointed actuary shall 
 33.19  must determine the present value of pension benefits or rights 
 33.20  that are marital property of the parties to the action: 
 33.21     (1) based on the applicable plan documents of the pension 
 33.22  plan and the applicable actuarial assumptions specified for use 
 33.23  in calculating optional annuity forms by the pension plan or for 
 33.24  funding the pension plan, if reasonable,; or 
 33.25     (2) as specified by the court.  
 33.26     (b) The court appointed actuary shall must report to the 
 33.27  court and to the parties the present value of the pension 
 33.28  benefits or rights that are marital property. 
 33.29     Subd. 3.  [COMPENSATION.] The court appointed actuary may 
 33.30  be compensated at a rate established by the court.  The 
 33.31  compensation of the court appointed actuary shall must be 
 33.32  allocated between the parties as the court directs. 
 33.33     Subd. 4.  [STIPULATION.] In lieu of valuing pension 
 33.34  benefits or rights through use of the court appointed actuary, 
 33.35  the parties may stipulate the present value of pension benefits 
 33.36  or rights that are marital property. 
 34.1      Sec. 40.  Minnesota Statutes 2002, section 518.62, is 
 34.2   amended to read: 
 34.3      518.62 [TEMPORARY ORDER; MAINTENANCE; HOMESTEAD.] 
 34.4      Temporary maintenance and temporary support may be awarded 
 34.5   as provided in section 518.131.  The court may also award to 
 34.6   either party to the proceeding, having due regard to all the 
 34.7   circumstances and the party awarded the custody of the children, 
 34.8   the right to the exclusive use of the household goods and 
 34.9   furniture of the parties pending the proceeding and the right to 
 34.10  the use of the homestead of the parties, exclusive or otherwise, 
 34.11  pending the proceeding.  The court may order either party to 
 34.12  remove from the homestead of the parties upon proper application 
 34.13  to the court for an order pending the proceeding.  
 34.14     Sec. 41.  Minnesota Statutes 2002, section 518.64, 
 34.15  subdivision 1, is amended to read: 
 34.16     Subdivision 1.  [AUTHORITY.] (a) After an order for 
 34.17  temporary or permanent maintenance or support money, temporary 
 34.18  or permanent, or for the appointment of trustees to receive 
 34.19  property awarded as maintenance or support money, the court may 
 34.20  from time to time, on motion of either of the parties, either 
 34.21  party or the public authority responsible for support 
 34.22  enforcement may move for modification.  A copy of which is a 
 34.23  motion by a party must be served on the public authority 
 34.24  responsible for child support enforcement if payments are made 
 34.25  through it, or on motion of the public authority responsible for 
 34.26  support enforcement,. 
 34.27     (b) The court may: 
 34.28     (1) modify the order respecting the amount of 
 34.29  maintenance or support money, and the its payment of it, and 
 34.30  also respecting the or appropriation and payment of the 
 34.31  principal and income of property held in trust,; and may 
 34.32     (2) make an order respecting these matters which it might 
 34.33  have made in the original proceeding, except as herein otherwise 
 34.34  provided subject to subdivisions 2 and 3.  
 34.35     (c) A party or the public authority also may bring a motion 
 34.36  for contempt of court if the obligor is in arrears in support or 
 35.1   maintenance payments. 
 35.2      Sec. 42.  Minnesota Statutes 2002, section 518.64, 
 35.3   subdivision 2, is amended to read: 
 35.4      Subd. 2.  [MODIFICATION.] (a) The terms of an order 
 35.5   respecting maintenance or support may be modified upon a showing 
 35.6   of one or more of the following:  (1) substantially increased or 
 35.7   decreased earnings of a party; (2) substantially increased or 
 35.8   decreased need of a party or the child or children that are the 
 35.9   subject of these proceedings; (3) receipt of assistance under 
 35.10  the AFDC program formerly codified under sections 256.72 to 
 35.11  256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 
 35.12  change in the cost of living for either party as measured by the 
 35.13  federal bureau of statistics, any of which makes the terms 
 35.14  unreasonable and unfair; (5) extraordinary medical expenses of 
 35.15  the child not provided for under section 518.171; or (6) the 
 35.16  addition of work-related or education-related child care 
 35.17  expenses of the obligee or a substantial increase or decrease in 
 35.18  existing work-related or education-related child care expenses.  
 35.19     On a motion to modify support, the needs of any child the 
 35.20  obligor has after the entry of the support order that is the 
 35.21  subject of a modification motion shall be considered as provided 
 35.22  by section 518.551, subdivision 5f. 
 35.23     (b) It is presumed that there has been a substantial change 
 35.24  in circumstances under paragraph (a) and the terms of a current 
 35.25  support order shall be rebuttably presumed to be unreasonable 
 35.26  and unfair if: 
 35.27     (1) the application of the child support guidelines in 
 35.28  section 518.551, subdivision 5, to the current circumstances of 
 35.29  the parties results in a calculated court order that is at least 
 35.30  20 percent and at least $50 per month higher or lower than the 
 35.31  current support order; 
 35.32     (2) the medical support provisions of the order established 
 35.33  under section 518.171 are not enforceable by the public 
 35.34  authority or the obligee; 
 35.35     (3) health coverage ordered under section 518.171 is not 
 35.36  available to the child for whom the order is established by the 
 36.1   parent ordered to provide; or 
 36.2      (4) the existing support obligation is in the form of a 
 36.3   statement of percentage and not a specific dollar amount.  
 36.4      (c) (b) On a motion for modification of maintenance, 
 36.5   including a motion for the extension of the duration of a 
 36.6   maintenance award, the court shall must apply, in addition to 
 36.7   all other relevant factors, the factors for an award of 
 36.8   maintenance under section 518.552 that exist at the time of the 
 36.9   motion.  On a motion for modification of support, the court:  
 36.10     (1) shall apply section 518.551, subdivision 5, and shall 
 36.11  not consider the financial circumstances of each party's spouse, 
 36.12  if any; and 
 36.13     (2) shall not consider compensation received by a party for 
 36.14  employment in excess of a 40-hour work week, provided that the 
 36.15  party demonstrates, and the court finds, that: 
 36.16     (i) the excess employment began after entry of the existing 
 36.17  support order; 
 36.18     (ii) the excess employment is voluntary and not a condition 
 36.19  of employment; 
 36.20     (iii) the excess employment is in the nature of additional, 
 36.21  part-time employment, or overtime employment compensable by the 
 36.22  hour or fractions of an hour; 
 36.23     (iv) the party's compensation structure has not been 
 36.24  changed for the purpose of affecting a support or maintenance 
 36.25  obligation; 
 36.26     (v) in the case of an obligor, current child support 
 36.27  payments are at least equal to the guidelines amount based on 
 36.28  income not excluded under this clause; and 
 36.29     (vi) in the case of an obligor who is in arrears in child 
 36.30  support payments to the obligee, any net income from excess 
 36.31  employment must be used to pay the arrearages until the 
 36.32  arrearages are paid in full. 
 36.33     (d) (c) A modification of support or maintenance, including 
 36.34  interest that accrued pursuant to section 548.091, may be made 
 36.35  retroactive only with respect to any period during which the 
 36.36  petitioning party has pending a motion for modification but only 
 37.1   from the date of service of notice of the motion on the 
 37.2   responding party and on the public authority if public 
 37.3   assistance is being furnished or the county attorney is the 
 37.4   attorney of record.  However, modification may be applied to an 
 37.5   earlier period if the court makes express findings that:  
 37.6      (1) the party seeking modification was precluded from 
 37.7   serving a motion by reason of a significant physical or mental 
 37.8   disability, a material misrepresentation of another party, or 
 37.9   fraud upon the court and that the party seeking modification, 
 37.10  when no longer precluded, promptly served a motion; 
 37.11     (2) the party seeking modification was a recipient of 
 37.12  federal Supplemental Security Income (SSI), Title II Older 
 37.13  Americans, Survivor's Disability Insurance (OASDI), other 
 37.14  disability benefits, or public assistance based upon need during 
 37.15  the period for which retroactive modification is sought; 
 37.16     (3) the order for which the party seeks amendment was 
 37.17  entered by default, the party shows good cause for not 
 37.18  appearing, and the record contains no factual evidence, or 
 37.19  clearly erroneous evidence regarding the individual obligor's 
 37.20  ability to pay; or 
 37.21     (4) the party seeking modification was institutionalized or 
 37.22  incarcerated for an offense other than nonsupport of a child 
 37.23  during the period for which retroactive modification is sought 
 37.24  and lacked the financial ability to pay the support ordered 
 37.25  during that time period.  In determining whether to allow the 
 37.26  retroactive modification, the court shall consider whether and 
 37.27  when a request was made to the public authority for support 
 37.28  modification.  
 37.29  The court may provide that a reduction in the amount allocated 
 37.30  for child care expenses based on a substantial decrease in the 
 37.31  expenses is effective as of the date the expenses decreased. 
 37.32     (e) (d) Except for an award of the right of occupancy of 
 37.33  the homestead, provided in under section 518.63, all divisions 
 37.34  of real and personal property provided by section 518.58 shall 
 37.35  be are final, and may be revoked or modified only where if the 
 37.36  court finds the existence of conditions that justify reopening a 
 38.1   judgment under the laws of this state, including motions under 
 38.2   section 518.145, subdivision 2.  The court may impose a lien or 
 38.3   charge on the divided property at any time while the property, 
 38.4   or subsequently acquired property, is owned by the parties or 
 38.5   either of them, for the payment of maintenance or support money, 
 38.6   or may sequester the property as is provided by under section 
 38.7   518.24. 
 38.8      (f) (e) The court need not hold an evidentiary hearing on a 
 38.9   motion for modification of maintenance or support. 
 38.10     (g) (f) Section 518.14 shall govern governs the award of 
 38.11  attorney fees for motions brought under this subdivision. 
 38.12     Sec. 43.  Minnesota Statutes 2002, section 518.641, is 
 38.13  amended to read: 
 38.14     518.641 [COST-OF-LIVING ADJUSTMENTS IN MAINTENANCE OR CHILD 
 38.15  SUPPORT ORDER.] 
 38.16     Subdivision 1.  [REQUIREMENT.] (a) An order establishing, 
 38.17  modifying, or enforcing maintenance or child support shall must 
 38.18  provide for a biennial adjustment in the amount to be paid based 
 38.19  on a change in the cost of living.  An order that provides for a 
 38.20  cost-of-living adjustment shall must specify the cost-of-living 
 38.21  index to be applied and the date on which the cost-of-living 
 38.22  adjustment shall become becomes effective.  The court may use 
 38.23  the consumer price index for all urban consumers, 
 38.24  Minneapolis-St. Paul (CPI-U), the consumer price index for wage 
 38.25  earners and clerical, Minneapolis-St. Paul (CPI-W), or another 
 38.26  cost-of-living index published by the department of labor which 
 38.27  it specifically finds is more appropriate.  Cost-of-living 
 38.28  increases under this section shall must be compounded.  The 
 38.29  court may also increase the amount by more than the 
 38.30  cost-of-living adjustment by agreement of the parties or by 
 38.31  making further findings.  
 38.32     (b) The adjustment becomes effective on the first of May of 
 38.33  the year in which it is made, for cases in which payment is made 
 38.34  to the public authority.  For cases in which payment is not made 
 38.35  to the public authority, application for an adjustment may be 
 38.36  made in any month but no application for an adjustment may be 
 39.1   made sooner than two years after the date of the dissolution 
 39.2   decree.  A court may waive the requirement of the cost-of-living 
 39.3   clause if it expressly finds that the obligor's occupation or 
 39.4   income, or both, does not provide for a cost-of-living 
 39.5   adjustment or that the order for maintenance or child support 
 39.6   has a provision such as a step increase that has the effect of a 
 39.7   cost-of-living clause.  The court may waive a cost-of-living 
 39.8   adjustment in a maintenance order if the parties so agree in 
 39.9   writing.  The commissioner of human services may promulgate 
 39.10  rules for child support adjustments under this section in 
 39.11  accordance with the rulemaking provisions of chapter 14.  Notice 
 39.12  of this statute must comply with section 518.68, subdivision 2. 
 39.13     Subd. 2.  [NOTICE.] No adjustment under this section may be 
 39.14  made unless the order provides for it and the notice provisions 
 39.15  of this subdivision are followed.  The public authority or the 
 39.16  obligee, if the obligee is requesting the cost-of-living 
 39.17  adjustment, sends must send notice of the intended adjustment to 
 39.18  the obligor at the obligor's last known address at least 20 days 
 39.19  before the effective date of the adjustment.  The notice shall 
 39.20  must inform the obligor of the date on which the adjustment will 
 39.21  become becomes effective and the procedures for contesting the 
 39.22  adjustment. 
 39.23     Subd. 2a.  [PROCEDURES FOR CONTESTING ADJUSTMENT.] (a) To 
 39.24  contest cost-of-living adjustments initiated by the public 
 39.25  authority or an obligee who has applied for or is receiving 
 39.26  child support and maintenance collection services from the 
 39.27  public authority, other than income withholding only services, 
 39.28  the obligor, before the effective date of the adjustment, must: 
 39.29     (1) file a motion contesting the cost-of-living adjustment 
 39.30  with the court administrator; and 
 39.31     (2) serve the motion by first-class mail on the public 
 39.32  authority and the obligee. 
 39.33  The hearing shall must take place in the expedited child 
 39.34  support process as governed by section 484.702. 
 39.35     (b) To contest cost-of-living adjustments initiated by an 
 39.36  obligee who is not receiving child support and maintenance 
 40.1   collection services from the public authority, or for by an 
 40.2   obligee who receives income withholding only services from the 
 40.3   public authority, the obligor must, before the effective date of 
 40.4   the adjustment: 
 40.5      (1) file a motion contesting the cost-of-living adjustment 
 40.6   with the court administrator; and 
 40.7      (2) serve the motion by first-class mail on the obligee. 
 40.8   The hearing shall must take place in district court. 
 40.9      (c) Upon receipt of a motion contesting the cost-of-living 
 40.10  adjustment, the cost-of-living adjustment shall must be stayed 
 40.11  pending further order of the court. 
 40.12     (d) The court administrator shall must make available pro 
 40.13  se motion forms for contesting a cost-of-living adjustment under 
 40.14  this subdivision. 
 40.15     Subd. 3.  [RESULT OF HEARING.] If, at a hearing pursuant to 
 40.16  this section, the obligor establishes an insufficient cost of 
 40.17  living or other increase in income that prevents fulfillment of 
 40.18  the adjusted maintenance or child support obligation, the court 
 40.19  or child support magistrate may direct that all or part of the 
 40.20  adjustment not take effect.  If, at the hearing, the obligor 
 40.21  does not establish this insufficient increase in income, the 
 40.22  adjustment shall must take effect as of the date it would have 
 40.23  become effective had no hearing been requested. 
 40.24     Sec. 44.  Minnesota Statutes 2002, section 518.642, is 
 40.25  amended to read: 
 40.26     518.642 [OVERPAYMENTS.] 
 40.27     If child support or maintenance is not assigned under 
 40.28  section 256.741, and an obligor has overpaid a child support or 
 40.29  maintenance obligation because of a modification or error in the 
 40.30  amount owed, the public authority shall must: 
 40.31     (1) apply the amount of the overpayment to reduce the 
 40.32  amount of any child support or maintenance-related arrearages or 
 40.33  debts owed to the obligee; and 
 40.34     (2) if an overpayment exists after the reduction of any 
 40.35  arrearage or debt, reduce the amount of the child 
 40.36  support maintenance remitted to the obligee by an amount no 
 41.1   greater than 20 percent of the current monthly support or 
 41.2   maintenance obligation and remit this amount to the obligor 
 41.3   until the overpayment is reduced to zero. 
 41.4      Sec. 45.  Minnesota Statutes 2002, section 518.646, is 
 41.5   amended to read: 
 41.6      518.646 [NOTICE OF ORDER.] 
 41.7      Whenever these laws require If a law requires service of a 
 41.8   court's order on an employer, union, or payor of funds, service 
 41.9   of a verified notice of order may be made in lieu thereof of the 
 41.10  order.  The verified notice shall must contain the title of the 
 41.11  action, the name of the court, the court file number, the date 
 41.12  of the court order, and shall recite the operative provisions of 
 41.13  the order. 
 41.14     Sec. 46.  Minnesota Statutes 2002, section 518.65, is 
 41.15  amended to read: 
 41.16     518.65 [PROPERTY; SALE, PARTITION.] 
 41.17     In order to effect a division or award of property as is 
 41.18  provided by under section 518.58, the court may order property 
 41.19  sold or partitioned.  Personal property may be ordered sold in 
 41.20  the manner directed by the court, and real estate may be 
 41.21  partitioned in the manner provided by Minnesota Statutes 1949, 
 41.22  chapter 558. 
 41.23     Sec. 47.  Minnesota Statutes 2002, section 518.68, 
 41.24  subdivision 1, is amended to read: 
 41.25     Subdivision 1.  [REQUIREMENT.] Every court order or 
 41.26  judgment and decree that provides for child support, spousal 
 41.27  maintenance, custody, or parenting time must contain certain 
 41.28  notices as set out in subdivision 2.  The information in the 
 41.29  notices must be concisely stated in plain language.  The notices 
 41.30  must be in clearly legible print, but may not exceed two pages.  
 41.31  An order or judgment and decree without the notice remains 
 41.32  subject to all statutes.  The court may waive all or part of the 
 41.33  notice required under subdivision 2 relating to parental rights 
 41.34  under section 518.17, subdivision 3, if it finds it is necessary 
 41.35  to protect the welfare of a party or child section 517C.99. 
 41.36     Sec. 48.  [REVISOR'S INSTRUCTION.] 
 42.1      The revisor of statutes must renumber the sections in 
 42.2   Minnesota Statutes listed in column A as indicated in column B 
 42.3   and correct cross-references to those sections throughout 
 42.4   Minnesota Statutes and Minnesota Rules. 
 42.5                A                 B 
 42.6             518.002              517A.02, subd. 5 
 42.7             518.003              517A.01 
 42.8             518.005              517A.02 
 42.9             518.01               517A.07 
 42.10            518.02               517A.08 
 42.11            518.03               517A.09 
 42.12            518.04               517A.10 
 42.13            518.05               517A.11 
 42.14            518.055              517A.12 
 42.15            518.06               517A.15 
 42.16            518.07               517A.16 
 42.17            518.09               517A.18 
 42.18            518.091              517A.19 
 42.19            518.10               517A.20 
 42.20            518.11               517A.22 
 42.21            518.12               517A.23 
 42.22            518.13               517A.24 
 42.23            518.131              517A.03 
 42.24            518.14, subd. 1      517A.04 
 42.25            518.145              517A.28 
 42.26            518.146              517A.21 
 42.27            518.148              517A.26 
 42.28            518.191              517A.27 
 42.29            518.195              517A.17 
 42.30            518.25               517A.30 
 42.31            518.27               517A.25 
 42.32            518.54, subd. 1      517A.31, subd. 1 
 42.33            518.54, subd. 2a     517A.31, subd. 2 
 42.34            518.54, subd. 2b     517A.31, subd. 3 
 42.35            518.54, subd. 3      517A.31, subd. 4 
 42.36            518.54, subd. 4      517A.31, subd. 5 
 43.1             518.54, subd. 5      517A.31, subd. 6 
 43.2             518.54, subd. 6      517A.31, subd. 7 
 43.3             518.54, subd. 7      517A.31, subd. 8 
 43.4             518.54, subd. 8      517A.31, subd. 9 
 43.5             518.54, subd. 9      517A.31, subd. 10 
 43.6             518.54, subd. 10     517A.31, subd. 11 
 43.7             518.54, subd. 11     517A.31, subd. 12 
 43.8             518.54, subd. 12     517A.31, subd. 13 
 43.9             518.55, subd. 1      517A.32, subd. 4 
 43.10            518.55, subd. 3      517A.32, subd. 5 
 43.11            518.552, subd. 1     517A.32, subd. 1 
 43.12            518.552, subd. 2     517A.32, subd. 2 
 43.13            518.552, subd. 3     517A.32, subd. 3 
 43.14            518.552, subd. 4     517A.32, subd. 6 
 43.15            518.552, subd. 5     517A.32, subd. 7 
 43.16            518.58               517A.37 
 43.17            518.581              517A.39 
 43.18            518.582              517A.40 
 43.19            518.63               517A.41 
 43.20            518.64, subd. 1      517A.34, subd. 1
 43.21            518.64, subd. 2      517A.34, subd. 2
 43.22            518.64, subd. 3      517A.32, subd. 8
 43.23            518.641, subd. 1     517A.33, subd. 1
 43.24            518.641, subd. 2     517A.33, subd. 2 
 43.25            518.641, subd. 2a    517A.33, subd. 3 
 43.26            518.641, subd. 3     517A.43, subd. 4 
 43.27            518.642              517A.35
 43.28            518.646              517A.05 
 43.29            518.65               517A.38 
 43.30     Sec. 49.  [REPEALER.] 
 43.31     Minnesota Statutes 2002, sections 518.14, subdivision 2; 
 43.32  518.24; 518.55, subdivision 4; 518.62; 518.64, subdivisions 4, 
 43.33  4a, and 5; and 518.68, are repealed. 
 43.34                             ARTICLE 2
 43.35              CUSTODY, PARENTING TIME, AND VISITATION 
 43.36                              GENERAL 
 44.1      Section 1.  [517B.01] [DEFINITIONS.] 
 44.2      Subdivision 1.  [SCOPE.] The definitions in this section 
 44.3   apply to this chapter.  
 44.4      Sec. 2.  [517B.03] [TEMPORARY ORDERS RELATING TO CUSTODY 
 44.5   AND PARENTING TIME.] 
 44.6      (a) A temporary order for custody or parenting time may be 
 44.7   sought under section 517A.03.  
 44.8      (b) A party seeking a temporary custody order must submit 
 44.9   with moving papers an affidavit setting forth facts supporting 
 44.10  the requested order.  The party must give notice and a copy of 
 44.11  the affidavit to other parties to the proceeding, who may file 
 44.12  opposing affidavits. 
 44.13     Sec. 3.  [517B.04] [CUSTODY, PARENTING TIME, AND VISITATION 
 44.14  NOTICES.] 
 44.15     A court order or judgment and decree concerning custody of 
 44.16  or parenting time with a minor child must contain the notice set 
 44.17  out in section 517C.99, subdivision 3. 
 44.18     Sec. 4.  [517B.05] [ATTORNEY FEES, COSTS, AND 
 44.19  DISBURSEMENTS.] 
 44.20     Attorney fees, costs, and disbursements must be awarded in 
 44.21  a proceeding under this chapter as provided by section 517A.04. 
 44.22     Sec. 5.  [517B.17] [CUSTODY OF CHILDREN.] 
 44.23     Subdivision 1.  [CUSTODY ORDER.] Upon adjudging the nullity 
 44.24  of a marriage, in a dissolution or legal separation proceeding, 
 44.25  or in a child custody proceeding, the court must make a further 
 44.26  order as it deems just and proper concerning: 
 44.27     (1) the legal custody of each minor child of the parties, 
 44.28  which must be sole or joint; and 
 44.29     (2) their physical custody and residence. 
 44.30     Subd. 2.  [STANDARD; PREFERENCE PROHIBITED.] In determining 
 44.31  custody, the court must consider the best interests of the child 
 44.32  and must not prefer one parent over the other solely on the 
 44.33  basis of the sex of the parent. 
 44.34     Subd. 3.  [THE BEST INTERESTS OF THE CHILD; FACTORS.] "The 
 44.35  best interests of the child" means all relevant factors to be 
 44.36  considered and evaluated by the court including: 
 45.1      (1) the wishes of the child's parent or parents as to 
 45.2   custody; 
 45.3      (2) the reasonable preference of the child, if the court 
 45.4   deems the child to be of sufficient age to express a preference; 
 45.5      (3) the child's primary caretaker; 
 45.6      (4) the intimacy of the relationship between each parent 
 45.7   and the child; 
 45.8      (5) the interaction and interrelationship of the child with 
 45.9   a parent or parents, siblings, and any other person who may 
 45.10  significantly affect the child's best interests; 
 45.11     (6) the child's adjustment to home, school, and community; 
 45.12     (7) the length of time the child has lived in a stable, 
 45.13  satisfactory environment and the desirability of maintaining 
 45.14  continuity; 
 45.15     (8) the permanence, as a family unit, of the existing or 
 45.16  proposed home; 
 45.17     (9) the mental and physical health of all individuals 
 45.18  involved; except that a disability, as defined in section 
 45.19  363.01, of a parent or the child is not determinative of the 
 45.20  custody of the child, unless the proposed custodial arrangement 
 45.21  is not in the best interest of the child; 
 45.22     (10) the capacity and disposition of the parties to give 
 45.23  the child love, affection, and guidance, and to continue 
 45.24  educating and raising the child in the child's culture and 
 45.25  religion or creed, if any; 
 45.26     (11) the child's cultural background; 
 45.27     (12) the effect on the child of the actions of an abuser, 
 45.28  if related to domestic abuse, as defined in section 518B.01, 
 45.29  that has occurred between the parents or between a parent and 
 45.30  another individual, whether or not the individual alleged to 
 45.31  have committed domestic abuse is or ever was a family or 
 45.32  household member of the parent; 
 45.33     (13) except in cases in which a finding of domestic abuse 
 45.34  as defined in section 518B.01 has been made, the disposition of 
 45.35  each parent to encourage and permit frequent and continuing 
 45.36  contact by the other parent with the child; and 
 46.1      (14) evidence of a violation of section 609.507. 
 46.2      Subd. 4.  [BEST INTERESTS DETERMINATION.] The court must 
 46.3   make detailed findings on each of the factors in subdivision 3 
 46.4   and explain how the factors led to its conclusion and to the 
 46.5   determination of the best interests of the child.  In 
 46.6   determining the best interests of a child, the court may not use 
 46.7   one factor in subdivision 3 to the exclusion of all others.  The 
 46.8   primary caretaker factor may not be used as a presumption in 
 46.9   determining the best interests of the child.  The court shall 
 46.10  not consider conduct of a parent that does not affect the 
 46.11  parent's relationship to the child. 
 46.12     Sec. 6.  [517B.18] [JOINT CUSTODY.] 
 46.13     Subdivision 1.  [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 
 46.14  addition to the factors listed in section 517B.17, if either 
 46.15  joint legal or joint physical custody is sought, the court must 
 46.16  consider the following relevant factors: 
 46.17     (1) the ability of parents to cooperate in the rearing of 
 46.18  their child; 
 46.19     (2) methods for resolving disputes regarding any major 
 46.20  decision concerning the life of the child, and the parents' 
 46.21  willingness to use those methods; 
 46.22     (3) whether it would be detrimental to the child if one 
 46.23  parent were to have sole authority over the child's upbringing; 
 46.24  and 
 46.25     (4) whether domestic abuse, as defined in section 518B.01, 
 46.26  has occurred between the parents. 
 46.27     Subd. 2.  [PRESUMPTIONS; FINDINGS.] (a) The court must use 
 46.28  a rebuttable presumption that upon request of either or both 
 46.29  parents, joint legal custody is in the best interests of the 
 46.30  child.  However, the court must use a rebuttable presumption 
 46.31  that joint legal or physical custody is not in the best 
 46.32  interests of the child if domestic abuse, as defined in section 
 46.33  518B.01, has occurred between the parents. 
 46.34     (b) If the court awards joint legal or physical custody 
 46.35  over the objection of a parent, the court must make detailed 
 46.36  findings on each of the factors in this section and explain how 
 47.1   the factors led to its determination that joint custody would be 
 47.2   in the best interests of the child. 
 47.3      Subd. 3.  [JOINT CUSTODY; SUPPORT GUIDELINES.] An award of 
 47.4   joint legal custody is not a reason for departure from the child 
 47.5   support guidelines in sections 517C.12 to 517C.16. 
 47.6      Sec. 7.  [517B.19] [CUSTODY; ACCESS RIGHTS OF PARENTS; 
 47.7   LIMITATIONS.] 
 47.8      Subdivision 1.  [ACCESS; LIMITATIONS.] (a) Whether sole or 
 47.9   joint legal custody is ordered, the court must grant the 
 47.10  following rights to each of the parties, unless specific 
 47.11  findings are made under section 517C.99, subdivision 1.  Each 
 47.12  party: 
 47.13     (1) has the right of access to, and to receive copies of, a 
 47.14  minor child's school, medical, dental, religious training, and 
 47.15  other important records and information; 
 47.16     (2) has the right of access to information regarding health 
 47.17  or dental insurance available to a minor child; 
 47.18     (3) must keep the other party informed as to the name and 
 47.19  address of the school a minor child attends; 
 47.20     (4) must notify the other party of any accident or serious 
 47.21  illness of a minor child, the name of the health care provider, 
 47.22  and the place of treatment; and 
 47.23     (5) has the right to reasonable access and telephone 
 47.24  contact with a minor child. 
 47.25     (b) Each party has the right to be informed by school 
 47.26  officials about a child's welfare, educational progress and 
 47.27  status, and to attend school and parent-teacher conferences.  
 47.28  The school is not required to hold a separate conference for 
 47.29  each party. 
 47.30     (c) The court may waive any of the rights under this 
 47.31  subdivision if it finds it is necessary to protect the welfare 
 47.32  of a party or child. 
 47.33     Sec. 8.  Minnesota Statutes 2002, section 518.003, 
 47.34  subdivision 3, is amended to read: 
 47.35     Subd. 3.  [CUSTODY.] Unless otherwise agreed by the parties:
 47.36     (a) "Legal custody" means the right to determine the 
 48.1   child's upbringing, including education, health care, and 
 48.2   religious training.  
 48.3      (b) "Joint legal custody" means that both parents have 
 48.4   equal rights and responsibilities, including the right to 
 48.5   participate in major decisions determining the child's 
 48.6   upbringing, including education, health care, and religious 
 48.7   training.  
 48.8      (c) "Physical custody and residence" means the routine 
 48.9   daily care and control and the residence of the child.  
 48.10     (d) "Joint physical custody" means that the routine daily 
 48.11  care and control and the residence of the child is structured 
 48.12  between the parties.  
 48.13     (e) Wherever used in this chapter, the term "Custodial 
 48.14  parent" or "custodian" means the person who has the physical 
 48.15  custody of the child at any particular time.  
 48.16     (f) "Custody determination" means a court decision and 
 48.17  court orders and instructions providing for the custody of a 
 48.18  child, including parenting time, but does not include a decision 
 48.19  relating to child support or any other monetary obligation of 
 48.20  any person.  
 48.21     (g) "Custody proceeding" includes proceedings in which a 
 48.22  custody determination is one of several issues, such as an 
 48.23  action for dissolution, divorce, or separation, and includes 
 48.24  proceedings involving children who are in need of protection or 
 48.25  services, domestic abuse, and paternity. 
 48.26     Sec. 9.  Minnesota Statutes 2002, section 518.155, is 
 48.27  amended to read: 
 48.28     518.155 [CUSTODY DETERMINATIONS AND PARENTING TIME 
 48.29  JURISDICTION.] 
 48.30     Notwithstanding any law to the contrary, a court in which a 
 48.31  proceeding for dissolution, legal separation, or child custody 
 48.32  has been commenced shall must not issue, revise, modify or amend 
 48.33  any order, pursuant to sections 518.131, 518.165, 518.168, 
 48.34  518.17, 518.175 or 518.18, which section 517B.03, 517B.08, 
 48.35  517B.16, 517B.21, or 517B.25, that affects the custody of a 
 48.36  minor child or the parenting time of a parent unless the court 
 49.1   has jurisdiction over the matter pursuant to the provisions of 
 49.2   under chapter 518D. 
 49.3      Sec. 10.  Minnesota Statutes 2002, section 518.156, is 
 49.4   amended to read: 
 49.5      518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.] 
 49.6      Subdivision 1.  [PROCEDURE.] In a court of this state which 
 49.7   that has jurisdiction to decide child custody matters, a child 
 49.8   custody proceeding is commenced by a parent: 
 49.9      (1) by filing a petition for dissolution or legal 
 49.10  separation; or 
 49.11     (2) where if a decree of dissolution or legal separation 
 49.12  has been entered or where none is sought, or when if paternity 
 49.13  has been recognized under section 257.75, by filing a petition 
 49.14  or motion seeking custody or parenting time with the child in 
 49.15  the county where the child is permanently resident or where the 
 49.16  child is found or where an earlier order for custody of the 
 49.17  child has been entered. 
 49.18     Subd. 2.  [REQUIRED NOTICE.] Written notice of a child 
 49.19  custody or parenting time or visitation proceeding shall must be 
 49.20  given to the child's parent, guardian, and custodian, who may 
 49.21  appear and be heard and may file a responsive pleading.  The 
 49.22  court may, upon a showing of good cause, permit the intervention 
 49.23  of other interested parties. 
 49.24     Sec. 11.  Minnesota Statutes 2002, section 518.157, 
 49.25  subdivision 1, is amended to read: 
 49.26     Subdivision 1.  [IMPLEMENTATION; ADMINISTRATION.] By 
 49.27  January 1, 1998, The chief judge of each judicial district or a 
 49.28  designee shall must implement one or more parent education 
 49.29  programs within the judicial district for the purpose of 
 49.30  educating parents about the impact that divorce, the 
 49.31  restructuring of families, and judicial proceedings have upon 
 49.32  children and families; methods for preventing parenting time 
 49.33  conflicts; and dispute resolution options.  The chief judge of 
 49.34  each judicial district or a designee may require that children 
 49.35  attend a separate education program designed to deal with the 
 49.36  impact of divorce upon children as part of the parent education 
 50.1   program.  Each parent education program must enable persons to 
 50.2   have timely and reasonable access to education sessions.  
 50.3      Sec. 12.  Minnesota Statutes 2002, section 518.157, 
 50.4   subdivision 2, is amended to read: 
 50.5      Subd. 2.  [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 
 50.6   court should promulgate minimum standards for the implementation 
 50.7   and administration of a parent education program.  The chief 
 50.8   judge of each judicial district or a designee shall must submit 
 50.9   a plan to the Minnesota conference of chief judges for their 
 50.10  approval that is designed to implement and administer a parent 
 50.11  education program in the judicial district.  The plan must be 
 50.12  consistent with the minimum standards promulgated by the 
 50.13  Minnesota supreme court.  
 50.14     Sec. 13.  Minnesota Statutes 2002, section 518.157, 
 50.15  subdivision 3, is amended to read: 
 50.16     Subd. 3.  [ATTENDANCE.] In a proceeding under this chapter 
 50.17  or sections 257.51 to 257.75 where custody or parenting time is 
 50.18  contested, the parents of a minor child shall must attend an 
 50.19  orientation and education program that meets the minimum 
 50.20  standards promulgated by the Minnesota supreme court.  In all 
 50.21  other proceedings involving custody, support, or parenting time 
 50.22  the court may order the parents of a minor child to attend a 
 50.23  parent education program.  The program shall must provide the 
 50.24  court with names of persons who fail to attend the parent 
 50.25  education program as ordered by the court.  Persons who are 
 50.26  separated or contemplating involvement in a dissolution, 
 50.27  paternity, custody, or parenting time proceeding may attend a 
 50.28  parent education program without a court order.  Participation 
 50.29  in a parent education program must occur as early as possible.  
 50.30  Parent education programs must offer an opportunity to 
 50.31  participate at all phases of a pending or postdecree 
 50.32  proceeding.  Upon request of a party and a showing of good 
 50.33  cause, the court may excuse the party from attending the 
 50.34  program.  If past or present domestic abuse, as defined in 
 50.35  chapter 518B, is alleged, the court shall must not require the 
 50.36  parties to attend the same parent education sessions and shall 
 51.1   must enter an order setting forth the manner in which the 
 51.2   parties may safely participate in the program. 
 51.3      Sec. 14.  Minnesota Statutes 2002, section 518.157, 
 51.4   subdivision 5, is amended to read: 
 51.5      Subd. 5.  [CONFIDENTIALITY.] Unless all parties agree in 
 51.6   writing, statements made by a party during participation in a 
 51.7   parent education program are inadmissible as evidence for any 
 51.8   purpose, including impeachment.  No record may be made regarding 
 51.9   a party's participation in a parent education program, except a 
 51.10  record of attendance at and completion of the program as 
 51.11  required under this section.  Instructors shall must not 
 51.12  disclose information regarding an individual participant 
 51.13  obtained as a result of participation in a parent education 
 51.14  program.  Parent education instructors may not be subpoenaed or 
 51.15  called as witnesses in court proceedings.  
 51.16     Sec. 15.  Minnesota Statutes 2002, section 518.157, 
 51.17  subdivision 6, is amended to read: 
 51.18     Subd. 6.  [FEE.] Except as provided in this subdivision, 
 51.19  each person who attends a parent education program shall must 
 51.20  pay a fee to defray the cost of the program.  A party who 
 51.21  qualifies for waiver of filing fees under section 563.01 is 
 51.22  exempt from paying the parent education program fee, and the 
 51.23  court shall must waive the fee or direct its payment under 
 51.24  section 563.01.  Program providers shall implement a sliding fee 
 51.25  scale. 
 51.26     Sec. 16.  Minnesota Statutes 2002, section 518.165, is 
 51.27  amended to read: 
 51.28     518.165 [GUARDIANS FOR MINOR CHILDREN.] 
 51.29     Subdivision 1.  [PERMISSIVE APPOINTMENT OF GUARDIAN AD 
 51.30  LITEM.] In all proceedings for child custody or for dissolution 
 51.31  or legal separation where custody or parenting time with a minor 
 51.32  child is in issue, the court may appoint a guardian ad litem 
 51.33  from a panel established by the court to represent the interests 
 51.34  of the child.  The guardian ad litem shall must advise the court 
 51.35  with respect to custody, support, and parenting time.  
 51.36     Subd. 2.  [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] The 
 52.1   court must appoint a guardian ad litem in all proceedings for 
 52.2   child custody or for marriage dissolution or legal separation in 
 52.3   which custody or parenting time with a minor child is an issue, 
 52.4   if the court has reason to believe that the minor child is a 
 52.5   victim of domestic child abuse or neglect, as those terms are 
 52.6   defined in sections 260C.007 and 626.556, respectively, the 
 52.7   court shall appoint a guardian ad litem.  The guardian ad 
 52.8   litem shall must represent the interests of the child and advise 
 52.9   the court with respect to custody, support, and parenting time.  
 52.10  If the child is represented by a guardian ad litem in any other 
 52.11  pending proceeding, the court may appoint that guardian to 
 52.12  represent the child in the custody or parenting time 
 52.13  proceeding.  No guardian ad litem need be appointed if the 
 52.14  alleged domestic child abuse or neglect is before the court on a 
 52.15  juvenile dependency and neglect petition.  Nothing in this 
 52.16  subdivision requires the court to appoint a guardian ad litem in 
 52.17  any proceeding for child custody, marriage dissolution, or legal 
 52.18  separation in which an allegation of domestic child abuse or 
 52.19  neglect has not been made. 
 52.20     Subd. 2a.  [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 
 52.21  guardian ad litem shall must carry out the following 
 52.22  responsibilities: 
 52.23     (1) conduct an independent investigation to determine the 
 52.24  facts relevant to the situation of the child and the family, 
 52.25  which must include, unless specifically excluded by the court, 
 52.26  reviewing relevant documents; meeting with and observing the 
 52.27  child in the home setting and considering the child's wishes, as 
 52.28  appropriate; and interviewing parents, caregivers, and others 
 52.29  with knowledge relevant to the case; 
 52.30     (2) advocate for the child's best interests by 
 52.31  participating in appropriate aspects of the case and advocating 
 52.32  for appropriate community services when necessary; 
 52.33     (3) maintain the confidentiality of information related to 
 52.34  a case, with the exception of sharing information as permitted 
 52.35  by law to promote cooperative solutions that are in the best 
 52.36  interests of the child; 
 53.1      (4) monitor the child's best interests throughout the 
 53.2   judicial proceeding; and 
 53.3      (5) present written reports on the child's best interests 
 53.4   that include conclusions and recommendations and the facts upon 
 53.5   which they are based. 
 53.6      Subd. 3.  [FEES.] (a) A guardian ad litem appointed under 
 53.7   either subdivision 1 or 2 may be appointed either as a volunteer 
 53.8   or on a fee basis.  If a guardian ad litem is appointed on a fee 
 53.9   basis, the court shall must enter an order for costs, fees, and 
 53.10  disbursements in favor of the child's guardian ad litem.  The 
 53.11  order may be made against either or both parties, except that 
 53.12  any part of the costs, fees, or disbursements which the court 
 53.13  finds the parties are incapable of paying shall must be borne by 
 53.14  the state courts.  The costs of court-appointed counsel to the 
 53.15  guardian ad litem shall must be paid by the county in which the 
 53.16  proceeding is being held if a party is incapable of paying for 
 53.17  them.  Until the recommendations of the task force created in 
 53.18  Laws 1999, chapter 216, article 7, section 42, are implemented, 
 53.19  the costs of court-appointed counsel to a guardian ad litem in 
 53.20  the eighth judicial district shall must be paid by the state 
 53.21  courts if a party is incapable of paying for them.  In no event 
 53.22  may the court order that costs, fees, or disbursements be paid 
 53.23  by a party receiving public assistance or legal assistance or by 
 53.24  a party whose annual income falls below the poverty line as 
 53.25  established under United States Code, title 42, section 9902(2). 
 53.26     (b) In each fiscal year, the state treasurer shall must 
 53.27  deposit guardian ad litem reimbursements in the general fund and 
 53.28  credit them to a separate account with the trial courts.  The 
 53.29  balance of this account is appropriated to the trial courts and 
 53.30  does not cancel but is available until expended.  Expenditures 
 53.31  by the state court administrator's office from this account must 
 53.32  be based on the amount of the guardian ad litem reimbursements 
 53.33  received by the state from the courts in each judicial district. 
 53.34     Sec. 17.  Minnesota Statutes 2002, section 518.166, is 
 53.35  amended to read: 
 53.36     518.166 [INTERVIEWS; RECOMMENDATIONS.] 
 54.1      The court may interview the child in chambers to ascertain 
 54.2   the child's reasonable preference as to custodian regarding with 
 54.3   which parent the child would reside, if the court deems the 
 54.4   child to be of sufficient age to express preference.  The 
 54.5   court shall must permit counsel to be present at the interview 
 54.6   and shall must permit counsel to propound reasonable questions 
 54.7   to the child either directly or through the court.  The 
 54.8   court shall must cause a record of the interview to be made and 
 54.9   to be made part of the record in the case unless waived by the 
 54.10  parties. 
 54.11     In contested custody proceedings, and in other custody 
 54.12  proceedings if a parent or the child's custodian requests, the 
 54.13  court may seek the recommendations of professional personnel 
 54.14  whether or not they are employed on a regular basis by the 
 54.15  court.  The recommendations given shall must be in writing and 
 54.16  shall must be made available by the court to counsel upon 
 54.17  request.  Counsel may call for cross-examination of professional 
 54.18  personnel consulted by the court.  
 54.19     Sec. 18.  Minnesota Statutes 2002, section 518.167, 
 54.20  subdivision 3, is amended to read: 
 54.21     Subd. 3.  [AVAILABILITY TO COUNSEL.] The court shall must 
 54.22  mail the investigator's report to counsel and to any party not 
 54.23  represented by counsel at least ten days before the hearing.  
 54.24  The investigator shall must maintain and, upon request, make 
 54.25  available to counsel and to a party not represented by counsel 
 54.26  the investigator's file of underlying data and reports, complete 
 54.27  texts of diagnostic reports made to the investigator pursuant to 
 54.28  the provisions of subdivision 2, and the names and addresses of 
 54.29  all persons whom the investigator has consulted.  The 
 54.30  investigator and any person the investigator has consulted is 
 54.31  subject to other pretrial discovery in accordance with the 
 54.32  requirements of the Minnesota Rules of Civil Procedure. 
 54.33  Mediation proceedings are not subject to discovery without 
 54.34  written consent of both parties.  A party to the proceeding may 
 54.35  call the investigator and any person whom the investigator has 
 54.36  consulted for cross-examination at the hearing.  A party may not 
 55.1   waive the right of cross-examination before the hearing. 
 55.2      Sec. 19.  Minnesota Statutes 2002, section 518.167, 
 55.3   subdivision 4, is amended to read: 
 55.4      Subd. 4.  [USE AT DISCOVERY; HEARING.] The investigator and 
 55.5   any person the investigator has consulted is subject to other 
 55.6   pretrial discovery in accordance with the requirements of the 
 55.7   Minnesota Rules of Civil Procedure.  Mediation proceedings are 
 55.8   not subject to discovery without written consent of both 
 55.9   parties.  A party to the proceeding may cross-examine at the 
 55.10  hearing the investigator and any person whom the investigator 
 55.11  has consulted for cross-examination.  A party may not waive the 
 55.12  right of cross-examination before the hearing.  The 
 55.13  investigator's report may be received in evidence at the hearing.
 55.14     Sec. 20.  Minnesota Statutes 2002, section 518.167, 
 55.15  subdivision 5, is amended to read: 
 55.16     Subd. 5.  [COSTS.] The court shall must order all or part 
 55.17  of the cost of the investigation and report to be paid by either 
 55.18  or both parties, based on their ability to pay.  Any part of the 
 55.19  cost that the court finds the parties are incapable of paying 
 55.20  must be borne by the county welfare local social services agency 
 55.21  or department of court services that performs the 
 55.22  investigation.  The court may not order costs under this 
 55.23  subdivision to be paid by a party receiving public assistance or 
 55.24  legal assistance from a qualified legal services program or by a 
 55.25  party whose annual income falls below the poverty line under 
 55.26  United States Code, title 42, section 9902(2). 
 55.27     Sec. 21.  Minnesota Statutes 2002, section 518.168, is 
 55.28  amended to read: 
 55.29     518.168 [HEARINGS.] 
 55.30     (a) Custody proceedings shall must receive priority in 
 55.31  being set for hearing. 
 55.32     (b) The court may tax as costs the payment of necessary 
 55.33  travel and other expenses incurred by a person whose presence at 
 55.34  the hearing the court deems necessary to determine the best 
 55.35  interests of the child. 
 55.36     (c) The court without a jury shall must determine questions 
 56.1   of law and fact.  If it finds that a public hearing may be 
 56.2   detrimental to the child's best interests, the court may exclude 
 56.3   the public from a custody hearing, but may admit any person who 
 56.4   has a direct interest in the particular case. 
 56.5      (d) If the court finds it necessary for the protection of 
 56.6   the child's welfare that the record of an interview, report, 
 56.7   investigation, or testimony in a custody proceeding not be kept 
 56.8   secret disclosed, the court may make an appropriate order 
 56.9   sealing the record. 
 56.10     Sec. 22.  Minnesota Statutes 2002, section 518.1705, 
 56.11  subdivision 2, is amended to read: 
 56.12     Subd. 2.  [PLAN ELEMENTS.] (a) A parenting plan must 
 56.13  include the following: 
 56.14     (1) a schedule of the time each parent spends with the 
 56.15  child; 
 56.16     (2) a designation of decision-making responsibilities 
 56.17  regarding the child; and 
 56.18     (3) a method of dispute resolution. 
 56.19     (b) A parenting plan may include other issues and matters 
 56.20  the parents agree to regarding the child. 
 56.21     (c) Parents voluntarily agreeing to parenting plans may 
 56.22  substitute other terms for physical and legal custody, including 
 56.23  designations of joint or sole custody, provided that if the 
 56.24  terms used in the substitution are defined in the parenting plan.
 56.25     Sec. 23.  Minnesota Statutes 2002, section 518.1705, 
 56.26  subdivision 6, is amended to read: 
 56.27     Subd. 6.  [RESTRICTIONS ON PREPARATION AND CONTENT OF 
 56.28  PARENTING PLAN.] (a) Dispute resolution processes other than the 
 56.29  judicial process may not be required in the preparation of a 
 56.30  parenting plan if a parent is alleged to have committed domestic 
 56.31  abuse toward a parent or child who is a party to, or subject of, 
 56.32  the matter before the court.  In these cases, the court shall 
 56.33  must consider the appointment of a guardian ad litem and a 
 56.34  parenting plan evaluator.  
 56.35     (b) The court may not require a parenting plan that 
 56.36  provides for joint legal custody or use of dispute resolution 
 57.1   processes, other than the judicial process, if the court finds 
 57.2   that section 518.179 applies, or the court finds that either 
 57.3   parent has engaged in the following toward a parent or child who 
 57.4   is a party to, or subject of, the matter before the court: 
 57.5      (1) acts of domestic abuse, including physical harm, bodily 
 57.6   injury, and infliction of fear of physical harm, assault, 
 57.7   terroristic threats, or criminal sexual conduct; 
 57.8      (2) physical, sexual, or a pattern of emotional abuse of a 
 57.9   child; or 
 57.10     (3) willful abandonment that continues for an extended 
 57.11  period of time or substantial refusal to perform parenting 
 57.12  functions. 
 57.13     Sec. 24.  Minnesota Statutes 2002, section 518.1705, 
 57.14  subdivision 7, is amended to read: 
 57.15     Subd. 7.  [MOVING THE CHILD TO ANOTHER STATE.] Parents may 
 57.16  agree, but the court must not require, that in a parenting plan 
 57.17  the factors in section 518.17 or 257.025, as applicable, will 
 57.18  govern a decision concerning removal of a child's residence from 
 57.19  this state, provided that if: 
 57.20     (1) both parents were represented by counsel when the 
 57.21  parenting plan was approved; or 
 57.22     (2) the court found the parents were fully informed, the 
 57.23  agreement was voluntary, and the parents were aware of its 
 57.24  implications. 
 57.25     Sec. 25.  Minnesota Statutes 2002, section 518.1705, 
 57.26  subdivision 8, is amended to read: 
 57.27     Subd. 8.  [ALLOCATION OF CERTAIN EXPENSES.] (a) Parents 
 57.28  creating a parenting plan are subject to the requirements of the 
 57.29  child support guidelines under section 518.551 sections 517C.12 
 57.30  to 517C.18.  
 57.31     (b) Parents may include in the parenting plan an allocation 
 57.32  of expenses for the child.  The allocation is an enforceable 
 57.33  contract between the parents. 
 57.34     Sec. 26.  Minnesota Statutes 2002, section 518.1705, 
 57.35  subdivision 9, is amended to read: 
 57.36     Subd. 9.  [MODIFICATION OF PARENTING PLANS.] (a) Parents 
 58.1   may modify the schedule of the time each parent spends with the 
 58.2   child or the decision-making provisions of a parenting plan by 
 58.3   agreement.  To be enforceable, modifications must be confirmed 
 58.4   by court order.  A motion to modify decision-making provisions 
 58.5   or the time each parent spends with the child may be made only 
 58.6   within the time limits provided by section 518.18. 
 58.7      (b) The parties may agree, but the court must not require 
 58.8   them, to apply the best interests standard in section 518.17 or 
 58.9   257.025, as applicable, for deciding a motion for modification 
 58.10  that would change the child's primary residence, provided that 
 58.11  if: 
 58.12     (1) both parties were represented by counsel when the 
 58.13  parenting plan was approved; or 
 58.14     (2) the court found the parties were fully informed, the 
 58.15  agreement was voluntary, and the parties were aware of its 
 58.16  implications. 
 58.17     (c) If the parties do not agree to apply the best interests 
 58.18  standard, section 518.18, paragraph (d), applies. 
 58.19     Sec. 27.  Minnesota Statutes 2002, section 518.175, is 
 58.20  amended to read: 
 58.21     518.175 [PARENTING TIME.] 
 58.22     Subdivision 1.  [GENERAL.] (a) In all proceedings for 
 58.23  dissolution or legal separation, subsequent to the commencement 
 58.24  of the proceeding and continuing thereafter during the minority 
 58.25  of the child, the court shall must, upon the request of either 
 58.26  parent, grant such parenting time on behalf of the child and a 
 58.27  parent as that will enable the child and the parent to maintain 
 58.28  a child to parent relationship that will be in the best 
 58.29  interests of the child. 
 58.30     (b) If the court finds, after a hearing, that parenting 
 58.31  time with a parent is likely to endanger the child's physical or 
 58.32  emotional health or impair the child's emotional development, 
 58.33  the court shall must restrict parenting time with that parent as 
 58.34  to time, place, duration, or supervision and may deny parenting 
 58.35  time entirely, as the circumstances warrant.  The court shall 
 58.36  must consider the age of the child and the child's relationship 
 59.1   with the parent prior to before the commencement of the 
 59.2   proceeding. 
 59.3      (c) A parent's failure to pay support because of the 
 59.4   parent's inability to do so shall is not be sufficient cause for 
 59.5   denial of parenting time. 
 59.6      (b) (d) The court may provide that a law enforcement 
 59.7   officer or other appropriate person will accompany a party 
 59.8   seeking to enforce or comply with parenting time. 
 59.9      (c) (e) Upon request of either party, to the extent 
 59.10  practicable an order for parenting time must include a specific 
 59.11  schedule for parenting time, including the frequency and 
 59.12  duration of visitation and visitation during holidays and 
 59.13  vacations, unless parenting time is restricted, denied, or 
 59.14  reserved. 
 59.15     (d) (f) The court administrator shall must provide a form 
 59.16  for a pro se motion regarding parenting time disputes, 
 59.17  which includes must include provisions for indicating the relief 
 59.18  requested, an affidavit in which the party may state the facts 
 59.19  of the dispute, and a brief description of the parenting time 
 59.20  expeditor process under section 518.1751.  The form may not 
 59.21  include a request for a change of custody.  The court shall must 
 59.22  provide instructions on serving and filing the motion. 
 59.23     Subd. 1a.  [DOMESTIC ABUSE; SUPERVISED PARENTING TIME.] (a) 
 59.24  If a parent requests supervised parenting time under subdivision 
 59.25  1 or 5 and an order for protection under chapter 518B or a 
 59.26  similar law of another state is in effect against the other 
 59.27  parent to protect the child or the parent with whom the child 
 59.28  resides or the child, the judge or judicial officer must 
 59.29  consider the order for protection in making a decision regarding 
 59.30  parenting time. 
 59.31     (b) The state court administrator, in consultation with 
 59.32  representatives of parents and other interested persons, shall 
 59.33  must develop standards to be met by persons who are responsible 
 59.34  for supervising parenting time.  Either parent may challenge the 
 59.35  appropriateness of an individual chosen by the court to 
 59.36  supervise parenting time. 
 60.1      Subd. 2.  [RIGHTS OF CHILDREN AND PARENTS.] Upon the 
 60.2   request of either parent, the court may inform any child of the 
 60.3   parties, if eight years of age or older, or otherwise of an age 
 60.4   of suitable comprehension, of the rights of the child and each 
 60.5   parent under the order or decree or any substantial amendment 
 60.6   thereof of it.  The parent with whom the child resides shall 
 60.7   must present the child for parenting time with the other parent, 
 60.8   at such the times as the court directs. 
 60.9      Subd. 3.  [MOVE TO ANOTHER STATE.] The parent with whom the 
 60.10  child resides shall must not move the child's residence of the 
 60.11  child to another state except upon order of the court or with 
 60.12  the consent of the other parent, if the other parent has been 
 60.13  given parenting time by the decree.  If the purpose of the move 
 60.14  is to interfere with parenting time given to the other parent by 
 60.15  the decree, the court shall must not permit the child's 
 60.16  residence to be moved to another state. 
 60.17     Subd. 5.  [MODIFICATION OF PARENTING PLAN OR ORDER FOR 
 60.18  PARENTING TIME.] (a) If modification would serve the best 
 60.19  interests of the child, the court shall must modify the 
 60.20  decision-making provisions of a parenting plan or an order 
 60.21  granting or denying parenting time, if the modification would 
 60.22  not change the child's primary residence.  Except as provided in 
 60.23  section 631.52, the court may not restrict parenting time unless 
 60.24  it finds that:  
 60.25     (1) parenting time is likely to endanger the child's 
 60.26  physical or emotional health or impair the child's emotional 
 60.27  development; or 
 60.28     (2) the parent has chronically and unreasonably failed to 
 60.29  comply with court-ordered parenting time. 
 60.30     (b) If a parent makes specific allegations that parenting 
 60.31  time by the other parent places the parent or child in danger of 
 60.32  harm, the court shall must hold a hearing at the earliest 
 60.33  possible time to determine the need to modify the order granting 
 60.34  parenting time.  Consistent with subdivision 1a 2, the court may 
 60.35  require a third party, including the local social services 
 60.36  agency, to supervise the parenting time or may restrict a 
 61.1   parent's parenting time if necessary to protect the other parent 
 61.2   or child from harm.  If there is an existing order for 
 61.3   protection governing the parties, the court shall must consider 
 61.4   the use of an independent, neutral exchange location for 
 61.5   parenting time. 
 61.6      Subd. 6.  [REMEDIES.] (a) The court may provide for one or 
 61.7   more of the following remedies for denial of or interference 
 61.8   with court-ordered parenting time as provided under this 
 61.9   subdivision.  All parenting time orders must include notice of 
 61.10  the provisions of this subdivision. 
 61.11     (b) If the court finds that a person parent has been 
 61.12  deprived of court-ordered parenting time, the court shall must 
 61.13  order the parent who has interfered caused the deprivation to 
 61.14  allow compensatory parenting time to the other parent or the 
 61.15  court shall must make specific findings as to why a request for 
 61.16  compensatory parenting time is denied.  If compensatory 
 61.17  parenting time is awarded, additional parenting time must be: 
 61.18     (1) at least of the same type and duration as the deprived 
 61.19  parenting time and, at the discretion of the court, may be in 
 61.20  excess of or of a different type than the deprived parenting 
 61.21  time; 
 61.22     (2) taken within one year after the deprived parenting 
 61.23  time; and 
 61.24     (3) at a time acceptable to the parent deprived of 
 61.25  parenting time. 
 61.26     (c) If the court finds that a party has wrongfully failed 
 61.27  to comply with a parenting time order or a binding agreement or 
 61.28  decision under section 518.1751, the court may: 
 61.29     (1) impose a civil penalty of up to $500 on the party; 
 61.30     (2) require the party to post a bond with the court for a 
 61.31  specified period of time to secure the party's compliance; 
 61.32     (3) award reasonable attorney's fees and costs; 
 61.33     (4) require the party who violated the parenting time order 
 61.34  or binding agreement or decision of the parenting time expeditor 
 61.35  to reimburse the other party for costs incurred as a result of 
 61.36  the violation of the order or, agreement, or decision; or 
 62.1      (5) award any other remedy that the court finds to be in 
 62.2   the best interests of the children involved. 
 62.3      A civil penalty imposed under this paragraph must be 
 62.4   deposited in the county general fund and must be used to fund 
 62.5   the costs of a parenting time expeditor program in a county with 
 62.6   this program.  In other counties, the civil penalty must be 
 62.7   deposited in the state general fund. 
 62.8      (d) If the court finds that a party has been denied 
 62.9   parenting time and has incurred expenses in connection with the 
 62.10  denied parenting time, the court may require the party who 
 62.11  denied parenting time to post a bond in favor of the other party 
 62.12  in the amount of prepaid expenses associated with upcoming 
 62.13  planned parenting time. 
 62.14     (e) Proof of an unwarranted denial of or interference with 
 62.15  duly established parenting time may constitute contempt of court 
 62.16  and may be sufficient cause for reversal of custody. 
 62.17     Subd. 8.  [ADDITIONAL PARENTING TIME FOR CHILD CARE 
 62.18  PARENT.] The court may allow additional parenting time to a 
 62.19  parent to provide child care while the other parent is working 
 62.20  if this arrangement is reasonable and in the best interests of 
 62.21  the child, as defined in section 518.17, subdivision 1.  In 
 62.22  addition, the court shall must consider: 
 62.23     (1) the ability of the parents to cooperate; 
 62.24     (2) methods for resolving disputes regarding the care of 
 62.25  the child, and the parents' willingness to use those methods; 
 62.26  and 
 62.27     (3) whether domestic abuse, as defined in section 518B.01, 
 62.28  has occurred between the parties. 
 62.29     Sec. 28.  Minnesota Statutes 2002, section 518.1751, 
 62.30  subdivision 1b, is amended to read: 
 62.31     Subd. 1b.  [PURPOSE; DEFINITIONS.] (a) The purpose of a 
 62.32  parenting time expeditor is to resolve parenting time disputes 
 62.33  by enforcing, interpreting, clarifying, and addressing 
 62.34  circumstances not specifically addressed by an existing 
 62.35  parenting time order and, if appropriate, to make a 
 62.36  determination as to whether the existing parenting time order 
 63.1   has been violated.  A parenting time expeditor may be appointed 
 63.2   to resolve a onetime parenting time dispute or to provide 
 63.3   ongoing parenting time dispute resolution services.  A parenting 
 63.4   time expeditor must attempt to resolve a parenting time dispute 
 63.5   by facilitating negotiations between the parties to promote 
 63.6   settlement.  If it becomes apparent that the dispute cannot be 
 63.7   resolved by an agreement of the parties, the parenting time 
 63.8   expeditor must make a decision resolving the dispute. 
 63.9      (b) For purposes of this section, "parenting time dispute" 
 63.10  means a disagreement among parties about parenting time with a 
 63.11  child, including a dispute about an anticipated denial of future 
 63.12  scheduled parenting time.  "Parenting time dispute" includes a 
 63.13  claim by a parent that the other parent is not spending time 
 63.14  with a child as well as a claim by a parent that the other 
 63.15  parent is denying or interfering with parenting time. 
 63.16     (c) A "parenting time expeditor" is a neutral person 
 63.17  authorized to use a mediation-arbitration process to resolve 
 63.18  parenting time disputes.  A parenting time expeditor shall 
 63.19  attempt to resolve a parenting time dispute by facilitating 
 63.20  negotiations between the parties to promote settlement and, if 
 63.21  it becomes apparent that the dispute cannot be resolved by an 
 63.22  agreement of the parties, the parenting time expeditor shall 
 63.23  make a decision resolving the dispute. 
 63.24     Sec. 29.  Minnesota Statutes 2002, section 518.1751, 
 63.25  subdivision 2, is amended to read: 
 63.26     Subd. 2.  [APPOINTMENT.] (a) The parties may stipulate to 
 63.27  the appointment of a parenting time expeditor or a team of two 
 63.28  expeditors without appearing in court by submitting.  The 
 63.29  parties may submit to the court a written agreement identifying 
 63.30  the names of the individuals to be appointed by the court; the 
 63.31  nature of the dispute; the responsibilities of the parenting 
 63.32  time expeditor, including whether the expeditor is appointed to 
 63.33  resolve a specific issue or on an ongoing basis; the term of the 
 63.34  appointment; and the apportionment of fees and costs.  The court 
 63.35  shall must review the agreement of the parties.  
 63.36     (b) If the parties cannot agree on a parenting time 
 64.1   expeditor, the court shall must provide to the parties them with 
 64.2   a copy of the court administrator's roster of parenting time 
 64.3   expeditors and require the parties to exchange the names of 
 64.4   three potential parenting time expeditors by a specific date.  
 64.5   If after exchanging names the parties are unable to agree upon a 
 64.6   parenting time expeditor, the court shall must select the 
 64.7   parenting time expeditor and, in its discretion, may appoint one 
 64.8   expeditor or a team of two expeditors.  In the selection process 
 64.9   the court must give consideration to the financial circumstances 
 64.10  of the parties and the fees of those being considered 
 64.11  as parenting time expeditors.  Preference must be given to 
 64.12  persons who agree to volunteer their services or who will charge 
 64.13  a variable fee for services based on the ability of the parties 
 64.14  to pay for them. 
 64.15     (c) An order appointing a parenting time expeditor must 
 64.16  identify the name of the individual to be appointed, the nature 
 64.17  of the dispute, the responsibilities of the expeditor including 
 64.18  whether the expeditor is appointed to resolve a specific issue 
 64.19  or on an ongoing basis, the term of the appointment, the 
 64.20  apportionment of fees, and notice that if the parties are unable 
 64.21  to reach an agreement with the expeditor's assistance of the 
 64.22  expeditor, the expeditor is authorized to make a decision 
 64.23  resolving the dispute which is binding upon the parties unless 
 64.24  modified or vacated by the court.  
 64.25     Sec. 30.  Minnesota Statutes 2002, section 518.1751, 
 64.26  subdivision 2a, is amended to read: 
 64.27     Subd. 2a.  [FEES.] Prior to Before appointing the parenting 
 64.28  time expeditor, the court shall must give the parties notice 
 64.29  that the expeditor's fees of the expeditor will be apportioned 
 64.30  among the parties.  In its order appointing the expeditor, the 
 64.31  court shall must apportion the expeditor's fees of the expeditor 
 64.32  among the parties, with each party bearing the portion of fees 
 64.33  that the court determines is just and equitable under the 
 64.34  circumstances.  If a party files a pro se motion regarding a 
 64.35  parenting time dispute and there is not a an existing court 
 64.36  order that provides for apportionment of apportioning the fees 
 65.1   of an expeditor, the court administrator may require the party 
 65.2   requesting the appointment of an expeditor to pay the 
 65.3   expeditor's fees of the expeditor in advance.  Neither party may 
 65.4   be required to submit a dispute to a visitation an expeditor if 
 65.5   the party cannot afford to pay for the fees of an expeditor and 
 65.6   an affordable expeditor is not available, unless the other party 
 65.7   agrees to pay the fees.  After fees are incurred, a party may by 
 65.8   motion request that the fees be reapportioned on equitable 
 65.9   grounds.  The court may consider the resources of the parties, 
 65.10  the nature of the dispute, and whether a party acted in bad 
 65.11  faith.  The court may consider information from the expeditor in 
 65.12  determining bad faith.  
 65.13     Sec. 31.  Minnesota Statutes 2002, section 518.1751, 
 65.14  subdivision 2b, is amended to read: 
 65.15     Subd. 2b.  [ROSTER OF PARENTING TIME EXPEDITORS.] Each The 
 65.16  court administrator shall must maintain and make available 
 65.17  to judicial officers and the public and judicial officers a 
 65.18  roster of individuals available to serve as parenting time 
 65.19  expeditors, including.  The roster must include each 
 65.20  individual's name, address, telephone number, and fee charged, 
 65.21  if any.  A court administrator shall must not place on the 
 65.22  roster the name of an individual who has not completed the 
 65.23  training required in subdivision 2c.  If the use of a parenting 
 65.24  time an expeditor is initiated by stipulation of the parties, 
 65.25  the parties may agree upon a person to serve as an expeditor 
 65.26  even if that person has not completed the training described in 
 65.27  subdivision 2c.  The court may appoint a person to serve as an 
 65.28  expeditor even if the a person who is not on the court 
 65.29  administrator's roster, but may not appoint a person who has not 
 65.30  completed the training described in subdivision 2c, unless so 
 65.31  stipulated by the parties.  To maintain one's listing on a court 
 65.32  administrator's roster of parenting time expeditors, an 
 65.33  individual shall must annually submit to the court administrator 
 65.34  proof of completion of continuing education requirements.  
 65.35     Sec. 32.  Minnesota Statutes 2002, section 518.1751, 
 65.36  subdivision 2c, is amended to read: 
 66.1      Subd. 2c.  [TRAINING AND CONTINUING EDUCATION 
 66.2   REQUIREMENTS.] To qualify for listing on a court administrator's 
 66.3   roster of parenting time expeditors, an individual shall must 
 66.4   complete a minimum of 40 hours of family mediation training that 
 66.5   has been certified by the Minnesota supreme court, which.  The 
 66.6   training must include certified training in domestic abuse 
 66.7   issues as required under Rule 114 of the Minnesota General Rules 
 66.8   of Practice for the District Courts.  To maintain one's listing 
 66.9   remain listed on a court administrator's roster of parenting 
 66.10  time expeditors, an individual shall must annually attend three 
 66.11  hours of continuing education about alternative dispute 
 66.12  resolution subjects.  
 66.13     Sec. 33.  Minnesota Statutes 2002, section 518.1751, 
 66.14  subdivision 3, is amended to read: 
 66.15     Subd. 3.  [AGREEMENT OR DECISION.] (a) Within five days of 
 66.16  notice of the appointment, or within five days of notice of a 
 66.17  subsequent parenting time dispute between the same parties, the 
 66.18  parenting time expeditor shall must meet with the parties 
 66.19  together or separately and shall make a diligent effort to 
 66.20  facilitate an agreement to resolve the dispute.  If a parenting 
 66.21  time dispute requires immediate resolution, the parenting time 
 66.22  expeditor may confer with the parties through a telephone 
 66.23  conference or similar means.  An expeditor may make a decision 
 66.24  without conferring with a party if the expeditor made a good 
 66.25  faith effort to confer with the party, but the party chose not 
 66.26  to participate in resolution of the dispute. 
 66.27     (b) If the parties do not reach an agreement, the expeditor 
 66.28  shall must make a decision resolving the dispute as soon as 
 66.29  possible, but not later than five days after receiving all 
 66.30  information necessary to make a decision and after the final 
 66.31  meeting or conference with the parties.  The expeditor is 
 66.32  authorized to award compensatory parenting time under section 
 66.33  518.175, subdivision 6, and may recommend to the court that the 
 66.34  noncomplying party pay attorney's fees, court costs, and other 
 66.35  costs under section 518.175, subdivision 6, paragraph (d), if 
 66.36  the parenting time order has been violated.  The expeditor shall 
 67.1   not lose retains the authority to make a decision if 
 67.2   circumstances beyond the expeditor's control make it 
 67.3   impracticable to meet the five-day timelines. 
 67.4      (c) Unless the parties mutually agree, the parenting time 
 67.5   expeditor shall must not make a decision that is inconsistent 
 67.6   with an existing parenting time order, but may make decisions 
 67.7   interpreting or clarifying a parenting time order, including the 
 67.8   development of a specific schedule when the existing court order 
 67.9   grants "reasonable parenting time."  
 67.10     (d) The expeditor shall must put an agreement or decision 
 67.11  in writing and provide a copy to the parties.  The expeditor may 
 67.12  include or omit reasons for the agreement or decision.  An 
 67.13  agreement of the parties or a decision of the expeditor is 
 67.14  binding on the parties unless vacated or modified by the court.  
 67.15  If a party does not comply with an agreement of the parties or a 
 67.16  decision of the expeditor, any party may bring a motion with the 
 67.17  court and shall must attach a copy of the parties' written 
 67.18  agreement or the decision of the expeditor.  The court may 
 67.19  enforce, modify, or vacate the agreement of the parties or the 
 67.20  decision of the expeditor. 
 67.21     Sec. 34.  Minnesota Statutes 2002, section 518.1752, is 
 67.22  amended to read: 
 67.23     518.1752 [GRANDPARENT AND OTHERS; VISITATION.] 
 67.24     In all proceedings During a proceeding for dissolution or 
 67.25  legal separation, after the commencement of the proceeding or at 
 67.26  any time after completion of the proceedings, and continuing 
 67.27  during the child's minority of the child, the court may make an 
 67.28  order granting visitation rights to grandparents under and other 
 67.29  individuals as provided by section 257C.08, subdivision 2. 
 67.30     Sec. 35.  Minnesota Statutes 2002, section 518.176, is 
 67.31  amended to read: 
 67.32     518.176 [JUDICIAL SUPERVISION.] 
 67.33     Subdivision 1.  [LIMITS ON PARENT'S AUTHORITY; HEARING.] 
 67.34  Except as otherwise agreed by the parties in writing at the time 
 67.35  of the custody order, (a) The parent with whom the child resides 
 67.36  may determine the child's upbringing, including education, 
 68.1   health care, and religious training, unless: 
 68.2      (1) otherwise agreed by the parties in writing at the time 
 68.3   of the custody order; or 
 68.4      (2) upon motion by the other parent, the court after 
 68.5   hearing, finds, upon motion by the other parent, that in the 
 68.6   absence of a specific limitation of the authority of the parent 
 68.7   with whom the child resides, the child's physical or emotional 
 68.8   health is likely to be endangered or the child's emotional 
 68.9   development impaired. 
 68.10     Subd. 2. (b) If both parents or all contestants agree to 
 68.11  the order, or if the court finds that in the absence of the 
 68.12  order the child's physical or emotional health is likely to be 
 68.13  endangered or the child's emotional development impaired, the 
 68.14  court may order the local social services agency or the 
 68.15  department of court services to exercise continuing supervision 
 68.16  over the case under guidelines established by the court to 
 68.17  assure that the custodial or parenting time terms of the decree 
 68.18  are carried out. 
 68.19     Sec. 36.  Minnesota Statutes 2002, section 518.177, is 
 68.20  amended to read: 
 68.21     518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL 
 68.22  RIGHTS LAW.] 
 68.23     Every A court order and judgment and decree concerning 
 68.24  custody of or parenting time or visitation with a minor child 
 68.25  shall must contain the notice set out in section 518.68, 
 68.26  subdivision 2.  
 68.27     Sec. 37.  Minnesota Statutes 2002, section 518.178, is 
 68.28  amended to read: 
 68.29     518.178 [PARENTING TIME AND SUPPORT REVIEW HEARING.] 
 68.30     Upon motion of either party, the court shall must conduct a 
 68.31  hearing to review compliance with the parenting time and child 
 68.32  support provisions set forth in a decree of dissolution or legal 
 68.33  separation or an order that establishes child custody, parenting 
 68.34  time, and support rights and obligations of parents.  The state 
 68.35  court administrator shall must prepare, and each court 
 68.36  administrator shall must make available, simplified pro se forms 
 69.1   for reviewing parenting time and child support disputes.  The 
 69.2   court may impose any parenting time enforcement remedy available 
 69.3   under sections 518.175 and 518.1751 this section or section 
 69.4   517B.26, and any support enforcement remedy available under 
 69.5   section 518.551. 
 69.6      Sec. 38.  Minnesota Statutes 2002, section 518.179, 
 69.7   subdivision 1, is amended to read: 
 69.8      Subdivision 1.  [SEEKING CUSTODY OR PARENTING TIME.] (a) 
 69.9   Notwithstanding any contrary provision in section 518.17 or 
 69.10  518.175, if a person seeking child custody or parenting time who 
 69.11  has been convicted of a crime described in subdivision 2, the 
 69.12  person seeking custody or parenting time has the burden to prove 
 69.13  that custody or parenting time by that person is in the best 
 69.14  interests of the child if: 
 69.15     (1) the conviction occurred within the preceding five 
 69.16  years; 
 69.17     (2) the person is currently incarcerated, on probation, or 
 69.18  under supervised release for the offense; or 
 69.19     (3) the victim of the crime was a family or household 
 69.20  member as defined in section 518B.01, subdivision 2.  
 69.21     (b) If this section applies, the court may not grant 
 69.22  custody or parenting time to the person unless it finds that the 
 69.23  custody or parenting time is in the best interests of the 
 69.24  child.  If the victim of the crime was a family or household 
 69.25  member, the standard of proof is clear and convincing evidence.  
 69.26  A guardian ad litem must be appointed in any case where this 
 69.27  section applies. 
 69.28     Sec. 39.  Minnesota Statutes 2002, section 518.18, is 
 69.29  amended to read: 
 69.30     518.18 [MODIFICATION OF ORDER.] 
 69.31     (a) Unless agreed to in writing by the parties, no motion 
 69.32  to modify a custody order or parenting plan may be made earlier 
 69.33  than one year after the date of the entry of a decree of 
 69.34  dissolution or legal separation containing a provision dealing 
 69.35  with custody, except in accordance with paragraph (c). 
 69.36     (b) If a motion for modification has been heard, whether or 
 70.1   not it was granted, unless agreed to in writing by the parties 
 70.2   no subsequent motion may be filed within two years after 
 70.3   disposition of the prior motion on its merits, except: 
 70.4      (1) if otherwise agreed to in writing by the parties; or 
 70.5      (2) in accordance with paragraph (c). 
 70.6      (c) The time limitations prescribed in paragraphs (a) and 
 70.7   (b) shall do not prohibit a motion to modify a custody order or 
 70.8   parenting plan if the court finds that there is persistent and 
 70.9   willful denial or interference with parenting time, or has 
 70.10  reason to believe that the child's present environment may 
 70.11  endanger the child's physical or emotional health or impair the 
 70.12  child's emotional development. 
 70.13     (d) If the A court that has jurisdiction to determine child 
 70.14  custody matters, the court shall must not modify a prior custody 
 70.15  order or a parenting plan provision which that specifies the 
 70.16  child's primary residence unless it finds, upon the basis of 
 70.17  facts, including unwarranted denial of, or interference with, a 
 70.18  duly established parenting time schedule, that have arisen since 
 70.19  the prior order or that were unknown to the court at the time of 
 70.20  the prior order, that a change has occurred in the circumstances 
 70.21  of the child or the parties and that the modification is 
 70.22  necessary to serve the best interests of the child.  The court 
 70.23  must make its findings upon the basis of facts, including 
 70.24  unwarranted denial of, or interference with, a duly established 
 70.25  parenting time schedule, that have arisen since the prior order 
 70.26  or that were unknown to the court at the time of the prior 
 70.27  order.  In applying these standards the court shall must retain 
 70.28  the custody arrangement or the parenting plan provision 
 70.29  specifying the child's primary residence that was established by 
 70.30  the prior order unless: 
 70.31     (i) (1) the court finds that a change in the custody 
 70.32  arrangement or primary residence is in the best interests of the 
 70.33  child and the parties previously agreed, in a writing approved 
 70.34  by a court, to apply the best interests standard in section 
 70.35  518.17 or 257.025, as applicable; and, with respect to 
 70.36  agreements approved by a court on or after April 28, 2000, both 
 71.1   parties were represented by counsel when the agreement was 
 71.2   approved or the court found the parties were fully informed, the 
 71.3   agreement was voluntary, and the parties were aware of its 
 71.4   implications; 
 71.5      (ii) (2) both parties agree to the modification; 
 71.6      (iii) (3) the child has been integrated into the family of 
 71.7   the petitioner with the consent of the other party; or 
 71.8      (iv) (4) the child's present environment endangers the 
 71.9   child's physical or emotional health or impairs the child's 
 71.10  emotional development, and the harm likely to be caused by a 
 71.11  change of environment is outweighed by the advantage of a change 
 71.12  to the child.  
 71.13     In addition, (e) A court may modify a custody order or 
 71.14  parenting plan under section 631.52.  
 71.15     (e) (f) In deciding whether to modify a prior joint custody 
 71.16  order, the court shall must apply the standards set forth in 
 71.17  paragraph (d) unless: 
 71.18     (1) the parties agree in writing to the application of a 
 71.19  different standard,; or 
 71.20     (2) the party seeking the modification is asking the court 
 71.21  for permission to move the residence of the child to another 
 71.22  state. 
 71.23     (f) If a parent has been granted sole physical custody of a 
 71.24  minor and the child subsequently lives with the other parent, 
 71.25  and temporary sole physical custody has been approved by the 
 71.26  court or by a court-appointed referee, 
 71.27     (g) The court may suspend the obligor's child support 
 71.28  obligation pending the a final custody determination if: 
 71.29     (1) the obligee has been granted sole physical custody of a 
 71.30  child; 
 71.31     (2) the child subsequently lives with the obligor; and 
 71.32     (3) a temporary sole custody order has been approved by the 
 71.33  court or a court-approved referee.  
 71.34  The court's A court order denying the suspension of child 
 71.35  support under this paragraph must include a written explanation 
 71.36  of the reasons why continuation of the child support obligation 
 72.1   would be in the best interests of the child. 
 72.2      (h) A party seeking modification of a custody order must 
 72.3   submit with moving papers an affidavit setting forth facts 
 72.4   supporting the requested modification.  The party must give 
 72.5   notice and a copy of the affidavit to other parties to the 
 72.6   proceeding, who may file opposing affidavits. 
 72.7      Sec. 40.  Minnesota Statutes 2002, section 518.612, is 
 72.8   amended to read: 
 72.9      518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 
 72.10  ORDER.] 
 72.11     Failure by a party to make support payments is not a 
 72.12  defense to:  
 72.13     (1) interference with parenting time; or 
 72.14     (2) without the permission of the court or the other 
 72.15  parent, removing a child from this state. 
 72.16     Interference with parenting time or taking a child from 
 72.17  this state without permission of the court or the other parent 
 72.18  is not a defense to nonpayment of support.  If a party fails to 
 72.19  make support payments, interferes with parenting time, or 
 72.20  removes a child from the state without permission of the court 
 72.21  or the other parent, the other party may petition the court for 
 72.22  an appropriate order.  
 72.23     (a) An obligor may not assert as a defense to failure to 
 72.24  pay child support that the obligee interfered with parenting 
 72.25  time or removed the child from the state without permission of 
 72.26  the obligor or the court. 
 72.27     (b) An obligee may not assert as a defense to interference 
 72.28  with parenting time or removing the child from the state without 
 72.29  permission of the obligor or the court, that the obligor failed 
 72.30  to pay child support. 
 72.31     (c) A party may petition the court for an appropriate order 
 72.32  if the other party: 
 72.33     (1) fails to make support payments; 
 72.34     (2) interferes with parenting time; or 
 72.35     (3) removes a child from this state without permission of 
 72.36  the court or the other parent. 
 73.1      Sec. 41.  Minnesota Statutes 2002, section 518.619, is 
 73.2   amended to read: 
 73.3      518.619 [CUSTODY OR VISITATION PARENTING TIME; MEDIATION 
 73.4   SERVICES.] 
 73.5      Subdivision 1.  [MEDIATION PROCEEDING.] Except as provided 
 73.6   in subdivision 2, if it appears on the face of the petition or 
 73.7   other application for an order or modification of an order for 
 73.8   the child custody of a child that custody or parenting time is 
 73.9   contested, or that any issue pertinent to a custody or parenting 
 73.10  time determination, including parenting time rights, is 
 73.11  unresolved, the matter may be set for mediation of the contested 
 73.12  issue prior to before, concurrent with, or subsequent to the 
 73.13  after setting of the matter for hearing.  The purpose of the 
 73.14  mediation proceeding is to reduce acrimony which that may exist 
 73.15  between the parties and to develop an agreement that is 
 73.16  supportive of the child's best interests.  The mediator shall 
 73.17  must use best efforts to effect a settlement of the custody or 
 73.18  parenting time dispute, but shall have has no coercive authority.
 73.19     Subd. 2.  [EXCEPTION.] If the court determines that there 
 73.20  is probable cause that one of the parties, or a child of a 
 73.21  party, has been physically or sexually abused by the other a 
 73.22  party, the court shall must not require or refer the parties to 
 73.23  mediation or any other process that requires parties to meet and 
 73.24  confer without counsel, if any, present. 
 73.25     Subd. 3.  [MEDIATOR APPOINTMENT.] In order to participate 
 73.26  in a custody mediation, a mediator must be appointed by the 
 73.27  family court.  A mediator must be a member of the professional 
 73.28  staff of a family court, probation department, mental health 
 73.29  services agency, or a private mediation service.  The mediator 
 73.30  must be on a list of mediators approved by the court having 
 73.31  jurisdiction of the matter, unless the parties stipulate to a 
 73.32  mediator not on the list.  
 73.33     Subd. 4.  [MEDIATOR QUALIFICATIONS.] A mediator who 
 73.34  performs mediation in contested child custody matters shall must 
 73.35  meet the following minimum qualifications: 
 73.36     (a) (1) knowledge of the court system and the procedures 
 74.1   used in contested child custody matters; 
 74.2      (b) (2) knowledge of other resources in the community to 
 74.3   which the parties to contested child custody matters can be 
 74.4   referred for assistance; 
 74.5      (c) (3) knowledge of child development, clinical issues 
 74.6   relating to children, the effects of marriage dissolution on 
 74.7   children, and child custody research; and 
 74.8      (d) (4) a minimum of 40 hours of certified mediation 
 74.9   training. 
 74.10     Subd. 5.  [RECORDS; PRIVATE DATA.] Mediation proceedings 
 74.11  shall must be conducted in private.  All records of a mediation 
 74.12  proceeding shall be are private and not available as evidence in 
 74.13  an action for marriage dissolution and related proceedings on 
 74.14  any issue in controversy in the dissolution.  
 74.15     Subd. 6.  [MEDIATOR RECOMMENDATIONS.] When the parties have 
 74.16  not reached agreement as a result of the mediation proceeding, 
 74.17  the mediator may recommend to the court that an investigation be 
 74.18  conducted under section 518.167, or that other action be taken 
 74.19  to assist the parties to resolve the controversy before a 
 74.20  hearing on the issues.  The mediator may not conduct the 
 74.21  investigation or evaluation unless:  (1) the parties agree in a 
 74.22  writing, executed after the termination of mediation, that the 
 74.23  mediator may conduct the investigation or evaluation, or (2) 
 74.24  there is no other person reasonably available to conduct the 
 74.25  investigation or evaluation.  The mediator may recommend that 
 74.26  mutual restraining orders be issued in appropriate cases, 
 74.27  pending determination of the controversy, to protect the 
 74.28  well-being of the children involved in the controversy. 
 74.29     Subd. 7.  [MEDIATION AGREEMENT.] An agreement reached by 
 74.30  the parties as a result of mediation shall must be discussed by 
 74.31  the parties with their attorneys, if any, and.  The approved 
 74.32  agreement may then be included in the marital dissolution decree 
 74.33  or other stipulation submitted to the court.  An agreement 
 74.34  reached by the parties as a result of mediation may not be 
 74.35  presented to the court nor made enforceable unless the parties 
 74.36  and their counsel, if any, consent to its presentation to the 
 75.1   court, and the court adopts the agreement. 
 75.2      Subd. 8.  [RULES.] Each court shall must adopt rules to 
 75.3   implement this section, and shall must compile and maintain a 
 75.4   list of mediators. 
 75.5      Sec. 42.  Minnesota Statutes 2002, section 519.11, 
 75.6   subdivision 1, is amended to read: 
 75.7      Subdivision 1.  [ANTENUPTIAL CONTRACT.] A man and woman of 
 75.8   legal age may enter into an antenuptial contract or settlement 
 75.9   prior to solemnization of marriage which shall be valid and 
 75.10  enforceable if (a) there is a full and fair disclosure of the 
 75.11  earnings and property of each party, and (b) the parties have 
 75.12  had an opportunity to consult with legal counsel of their own 
 75.13  choice.  An antenuptial contract or settlement made in 
 75.14  conformity with this section may determine what rights each 
 75.15  party has in the nonmarital property, defined in section 518.54, 
 75.16  subdivision 5, clauses (a) (1) to (d) (4), upon dissolution of 
 75.17  marriage, legal separation or after its termination by death and 
 75.18  may bar each other of all rights in the respective estates not 
 75.19  so secured to them by their agreement.  This section shall not 
 75.20  be construed to make invalid or unenforceable any antenuptial 
 75.21  agreement or settlement made and executed in conformity with 
 75.22  this section because the agreement or settlement covers or 
 75.23  includes marital property, if the agreement or settlement would 
 75.24  be valid and enforceable without regard to this section. 
 75.25     Sec. 43.  [REVISOR'S INSTRUCTION.] 
 75.26     The revisor of statutes must renumber the sections in 
 75.27  Minnesota Statutes listed in column A as indicated in column B 
 75.28  and correct cross-references to those sections throughout 
 75.29  Minnesota Statutes and Minnesota Rules. 
 75.30                   A                   B
 75.31            518.003, subd. 2     517B.01, subd. 5
 75.32            518.003, subd. 3     517B.01, subd. 2 
 75.33            518.003, subd. 4     517B.01, subd. 3 
 75.34            518.003, subd. 5     517B.01, subd. 4
 75.35            518.155              517B.02
 75.36            518.156              517B.13
 76.1             518.157              517B.06
 76.2             518.165, subd. 1     517B.08, subd. 1 
 76.3             518.165, subd. 2     518B.08, subd. 2 
 76.4             518.165, subd. 2a    517B.08, subd. 3 
 76.5             518.165, subd. 3     517B.08, subd. 4 
 76.6             518.166              517B.14
 76.7             518.167              517B.15
 76.8             518.168              517B.16
 76.9             518.1705             517B.28
 76.10            518.175, subd. 1     517B.25, subd. 1
 76.11            518.175, subd. 1a    517B.25, subd. 2
 76.12            518.175, subd. 2     517B.25, subd. 3
 76.13            518.175, subd. 3     517B.25, subd. 4
 76.14            518.175, subd. 5     517B.25, subd. 6
 76.15            518.175, subd. 6     517B.25, subd. 7
 76.16            518.175, subd. 8     517B.25, subd. 8
 76.17            518.1751, subd. 1    517B.26, subd. 1
 76.18            518.1751, subd. 1a   517B.26, subd. 3
 76.19            518.1751, subd. 1b   517B.26, subd. 2
 76.20            518.1751, subd. 2    517B.26, subd. 6
 76.21            518.1751, subd. 2a   517B.26, subd. 7
 76.22            518.1751, subd. 2b   517B.26, subd. 4
 76.23            518.1751, subd. 2c   517B.26, subd. 5
 76.24            518.1751, subd. 3    517B.26, subd. 8
 76.25            518.1751, subd. 4    517B.26, subd. 13
 76.26            518.1751, subd. 4a   517B.26, subd. 9
 76.27            518.1751, subd. 5    517B.26, subd. 10
 76.28            518.1751, subd. 5a   517B.26, subd. 11
 76.29            518.1751, subd. 6    517B.26, subd. 12
 76.30            518.1752             517B.30 
 76.31            518.176              517B.20
 76.32            518.177              517B.04 para. (b)
 76.33            518.178              517B.25, subd. 5
 76.34            518.179              517B.09
 76.35            518.18               517B.21
 76.36            518.183              517B.27
 77.1             518.612              517B.10
 77.2             518.619              517B.07
 77.3      Sec. 44.  [REPEALER.] 
 77.4      Minnesota Statutes 2002, sections 518.17; 518.1752; and 
 77.5   518.185; are repealed. 
 77.6                              ARTICLE 3 
 77.7                            CHILD SUPPORT 
 77.8      Section 1.  [517C.01] [TITLE.] 
 77.9      This chapter may be cited as the "Minnesota Child Support 
 77.10  Act." 
 77.11     Sec. 2.  [517C.02] [DEFINITIONS.] 
 77.12     Subdivision 1.  [SCOPE.] The definitions in this section 
 77.13  apply to this chapter. 
 77.14     Subd. 2.  [ARREARS.] "Arrears" means amounts owed under a 
 77.15  support order that are past due.  Arrears include: 
 77.16     (1) child support; 
 77.17     (2) the entire amount of court-ordered past support and 
 77.18  pregnancy and confinement expenses if: 
 77.19     (i) the order does not contain repayment terms; or 
 77.20     (ii) the order contains repayment terms and the obligor 
 77.21  fails to comply with the repayment terms; and 
 77.22     (3) attorney fees and any other collection costs addressed 
 77.23  in a support order under section 517C.84. 
 77.24     Subd. 3.  [BASIC SUPPORT.] "Basic support" means the dollar 
 77.25  amount ordered for a child's housing, food, clothing, 
 77.26  transportation, and education costs, and other expenses relating 
 77.27  to the child's care.  Basic support does not include monetary 
 77.28  contributions for a child's private school tuition, child care 
 77.29  expenses, and medical and dental expenses. 
 77.30     Subd. 4.  [BUSINESS DAY.] "Business day" means a day on 
 77.31  which state offices are open for regular business. 
 77.32     Subd. 5.  [CHILD.] "Child" means an individual under 18 
 77.33  years of age, an individual under age 20 who is still attending 
 77.34  secondary school, or an individual who, by reason of physical or 
 77.35  mental condition, is incapable of self-support. 
 77.36     Subd. 6.  [CHILD SUPPORT.] "Child support" means an amount 
 78.1   for basic support, child care support, and medical support 
 78.2   pursuant to: 
 78.3      (1) an award in a dissolution, legal separation, annulment, 
 78.4   or parentage proceeding for the care, support, and education of 
 78.5   a child of the marriage or of the parties to the proceeding; 
 78.6      (2) a contribution by parents ordered under section 256.87; 
 78.7   or 
 78.8      (3) support ordered under chapter 518B or 518C.  
 78.9      Subd. 7.  [DEPOSIT ACCOUNT.] "Deposit account" means funds 
 78.10  deposited with a financial institution in the form of a savings 
 78.11  account, checking account, NOW account, or demand deposit 
 78.12  account. 
 78.13     Subd. 8.  [FINANCIAL INSTITUTION.] "Financial institution" 
 78.14  means a savings association, bank, trust company, credit union, 
 78.15  industrial loan and thrift company, bank and trust company, or 
 78.16  savings association, and includes a branch or detached facility 
 78.17  of a financial institution. 
 78.18     Subd. 9.  [OBLIGEE.] "Obligee" means a person to whom 
 78.19  payments for child support are owed. 
 78.20     Subd. 10.  [OBLIGOR.] "Obligor" means a person obligated to 
 78.21  pay child support.  A person who is designated as the sole 
 78.22  physical custodian of a child is presumed not to be an obligor 
 78.23  for purposes of calculating current support unless the court 
 78.24  makes specific written findings to overcome this presumption.  
 78.25  For purposes of ordering medical support under section 517C.17, 
 78.26  a custodial parent may be an obligor subject to income 
 78.27  withholding under section 517C.17; a cost-of-living adjustment 
 78.28  under section 517C.31; and a payment agreement under section 
 78.29  517C.71. 
 78.30     Subd. 11.  [PAYMENT.] "Payment" means the payment of child 
 78.31  support and related payments required by order of a tribunal, 
 78.32  voluntary support, or statutory fees. 
 78.33     Subd. 12.  [PAYOR OF FUNDS.] "Payor of funds" means a 
 78.34  person or entity that provides funds to an obligor, including an 
 78.35  employer as defined under chapter 24 of the Internal Revenue 
 78.36  Code, section 3401(d), an independent contractor, payor of 
 79.1   workers' compensation benefits or unemployment insurance 
 79.2   benefits, or a financial institution as defined in section 
 79.3   13B.06. 
 79.4      Subd. 13.  [PUBLIC AUTHORITY.] "Public authority" means the 
 79.5   local unit of government, acting on behalf of the state, that is 
 79.6   responsible for child support enforcement or the child support 
 79.7   enforcement division of the department of human services. 
 79.8      Subd. 14.  [SUPPORT ORDER.] (a) "Support order" means a 
 79.9   judgment, decree, or order, whether temporary, final, or subject 
 79.10  to modification, issued by a court or administrative agency of 
 79.11  competent jurisdiction that: 
 79.12     (1) provides for the support of a child, including a child 
 79.13  who has attained the age of majority under the law of the 
 79.14  issuing state, or a child and the parent with whom the child is 
 79.15  living; 
 79.16     (2) provides for basic support, child care, medical support 
 79.17  including expenses for confinement and pregnancy, arrears, or 
 79.18  reimbursement; and 
 79.19     (3) may include related costs and fees, interest and 
 79.20  penalties, income withholding, and other relief. 
 79.21     (b) The definition in paragraph (a) applies to orders 
 79.22  issued under this chapter and chapters 256, 257, and 518C. 
 79.23     Subd. 15.  [TRIBUNAL.] "Tribunal" has the meaning given in 
 79.24  section 518C.101. 
 79.25     Subd. 16.  [UNCLAIMED SUPPORT FUNDS.] "Unclaimed support 
 79.26  funds" means any support payments collected by the public 
 79.27  authority from the obligor, which have not been disbursed to the 
 79.28  obligee or public authority. 
 79.29     Subd. 17.  [IV-D CASE.] "IV-D case" means a case where a 
 79.30  party assigns rights to child support to the state because the 
 79.31  party receives public assistance, as defined in section 256.741, 
 79.32  or applies for child support services under title IV-D of the 
 79.33  Social Security Act, United States Code, title 42, section 
 79.34  654(4). 
 79.35     Sec. 3.  [517C.04] [CHILD SUPPORT ORDERS.] 
 79.36     Subdivision 1.  [ORDER.] (a) Upon dissolution of marriage, 
 80.1   legal separation, annulment, establishment of paternity, or when 
 80.2   otherwise required by statute, the court must order child 
 80.3   support as provided by this chapter. 
 80.4      (b) Nothing contained in this chapter limits the power of 
 80.5   the court to make appropriate, adequate orders for the support 
 80.6   and education of a child of the parties to a dissolution, legal 
 80.7   separation, or annulment action if the dissolution, legal 
 80.8   separation, or annulment is denied. 
 80.9      Subd. 2.  [PROVISIONS.] Child support orders must provide 
 80.10  for general child rearing costs or basic support and must also 
 80.11  specifically address child care costs and medical care, 
 80.12  providing for those costs pursuant to this chapter. 
 80.13     Subd. 3.  [AGREEMENTS.] If the parties stipulate or agree 
 80.14  to a child support order, the court must review the agreement to 
 80.15  ensure it serves the best interests of the child.  The Minnesota 
 80.16  Supreme Court may promulgate rules regarding the review of 
 80.17  stipulations and agreements.  The court may refuse to accept or 
 80.18  may alter an agreement that does not conform with the 
 80.19  requirements of this chapter or that is otherwise not in the 
 80.20  best interests of the child. 
 80.21     Subd. 4.  [SPECIFIC DOLLAR AMOUNT.] (a) The court must 
 80.22  order child support in a specific dollar amount. 
 80.23     (b) The court may order an obligor to pay child support in 
 80.24  the form of a percentage share of the obligor's net bonuses, 
 80.25  commissions, or other forms of compensation, in addition to, or 
 80.26  if the obligor receives no base pay, in lieu of an order for a 
 80.27  specific dollar amount. 
 80.28     Subd. 5.  [PREFERENCE FOR MONTHLY PAYMENT.] There is a 
 80.29  presumption in favor of ordering child support in an amount that 
 80.30  reflects an obligor's monthly obligation. 
 80.31     Subd. 6.  [PREFERENCE FOR STATIC PAYMENT.] There is a 
 80.32  presumption in favor of ordering child support so that an 
 80.33  obligor makes the same monthly payments throughout the year, as 
 80.34  opposed to payment amounts that fluctuate by season or month.  
 80.35  If the obligor is seasonally employed, it is generally the 
 80.36  obligor's responsibility to budget income accordingly. 
 81.1      Subd. 7.  [DEPARTURE.] The court may depart from a 
 81.2   presumption in subdivision 5 or 6 if: 
 81.3      (1) all parties agree; or 
 81.4      (2) the presumption would impose an extreme hardship on the 
 81.5   obligor and would not be in the best interests of the child. 
 81.6      Subd. 8.  [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) 
 81.7   Upon an obligor's motion, a court may order an obligee to 
 81.8   account for the use or disposition of child support received.  
 81.9   The motion must assert the specific allegations of abuse or 
 81.10  misapplication of child support received and that a child's 
 81.11  needs are not being met.  If the court orders a hearing, the 
 81.12  court may order an accounting only if the obligor establishes: 
 81.13  (1) the specific allegations of abuse or misapplication of child 
 81.14  support received; (2) that the child's needs are not being met; 
 81.15  and (3) that there is no record or history of domestic abuse, 
 81.16  harassment, or violence between the parties. 
 81.17     (b) If the court orders an accounting under paragraph (a), 
 81.18  the obligee must provide documentation that breaks down monthly 
 81.19  expenditures of child support received into the following 
 81.20  categories: 
 81.21     (1) housing and utilities; 
 81.22     (2) food; 
 81.23     (3) transportation; 
 81.24     (4) clothing; 
 81.25     (5) health care; 
 81.26     (6) child care and education; and 
 81.27     (7) miscellaneous. 
 81.28  An obligee may account for expenditures on housing, utilities, 
 81.29  food, and transportation that are attributable to multiple 
 81.30  household members on a per capita basis. 
 81.31     (c) If the court finds that an obligee does not make the 
 81.32  accounting required under paragraph (b) or the obligee does not 
 81.33  spend the entire child support payment on behalf of the child, 
 81.34  the court may: 
 81.35     (1) hold the obligee in contempt of court pursuant to this 
 81.36  chapter, Minnesota Statutes, chapter 588, and the Minnesota 
 82.1   rules of court; 
 82.2      (2) reduce or eliminate the obligor's child support 
 82.3   obligation; 
 82.4      (3) order the obligee to make future expenditures on behalf 
 82.5   of the child, whether in whole or in part, in a manner that 
 82.6   documents the transaction; or 
 82.7      (4) make any other appropriate order to ensure that the 
 82.8   child's needs are met. 
 82.9      (d) If the court determines that an obligor's motion under 
 82.10  this section is brought in bad faith, the court may award 
 82.11  reasonable attorney fees to the obligee. 
 82.12     Subd. 9.  [CHILD SUPPORT TO BE DISTINGUISHED FROM 
 82.13  MAINTENANCE.] In a judgment of dissolution or legal separation, 
 82.14  the court must clearly distinguish between payments ordered for 
 82.15  maintenance and payments ordered for child support.  An award of 
 82.16  payments from future income or earnings of the parent with whom 
 82.17  the child resides is presumed to be maintenance and an award of 
 82.18  payments from the future income or earnings of the other parent 
 82.19  is presumed to be child support, unless otherwise designated by 
 82.20  the court. 
 82.21     Subd. 10.  [OTHER CUSTODIANS.] If a child resides with a 
 82.22  person other than a parent and the court approves of the custody 
 82.23  arrangement, the court may order child support payments to be 
 82.24  made to the custodian regardless of whether the person has legal 
 82.25  custody. 
 82.26     Subd. 11.  [EITHER PARENT LIABLE; MARITAL MISCONDUCT 
 82.27  IRRELEVANT.] The court may order either or both parents owing a 
 82.28  duty of support to a child to pay an amount reasonable or 
 82.29  necessary for the child's support, without regard to marital 
 82.30  misconduct. 
 82.31     Sec. 4.  [517C.05] [TEMPORARY ORDERS.] 
 82.32     Subdivision 1.  [MOTION; SCOPE.] In a child support 
 82.33  proceeding a party may, by motion, request that the court grant 
 82.34  a temporary order pending the final disposition of the 
 82.35  proceeding for temporary child support, costs, and reasonable 
 82.36  attorney fees.  Additionally, to facilitate the just and speedy 
 83.1   disposition of the proceeding, the court may require a party to 
 83.2   perform or refrain from performing additional acts. 
 83.3      Subd. 2.  [DURATION.] A temporary order continues in full 
 83.4   force and effect until: 
 83.5      (1) it is amended; 
 83.6      (2) it is vacated; 
 83.7      (3) the main action is dismissed; or 
 83.8      (4) a final decree of dissolution, legal separation, or 
 83.9   other final order is entered. 
 83.10     Subd. 3.  [FACTORS.] The court must consider the factors 
 83.11  set forth in this chapter in making temporary orders. 
 83.12     Subd. 4.  [EVIDENCE.] Temporary orders must be made solely 
 83.13  on the basis of affidavits and argument of counsel unless: 
 83.14     (1) a party makes a timely motion or responsive motion to 
 83.15  hear the matter on oral testimony before the court; or 
 83.16     (2) the court, in its discretion, orders the taking of oral 
 83.17  testimony. 
 83.18     Subd. 5.  [LIMITED EFFECT.] A temporary order does not 
 83.19  prejudice the rights of the parties or the child that are to be 
 83.20  adjudicated at subsequent hearings in the proceeding. 
 83.21     Subd. 6.  [REVOCATION; MODIFICATION.] A temporary order may 
 83.22  be revoked or modified by the court before the final disposition 
 83.23  of the proceeding upon the same grounds and subject to the same 
 83.24  requirements as the initial granting of the order. 
 83.25     Sec. 5.  [517C.06] [DETERMINATION OF CONTROLLING ORDER.] 
 83.26     The public authority or a party may request the court to 
 83.27  determine a controlling order when more than one order involving 
 83.28  the same obligor and child exists. 
 83.29     Sec. 6.  [517C.07] [ATTORNEY FEES; COSTS AND 
 83.30  DISBURSEMENTS.] 
 83.31     Subdivision 1.  [GENERAL.] (a) Except as provided in 
 83.32  section 517C.84, in a proceeding under this chapter, the court 
 83.33  must award attorney fees, costs, and disbursements in an amount 
 83.34  necessary to enable a party to carry on or contest the 
 83.35  proceeding if: 
 83.36     (1) the fees are necessary for the good-faith assertion of 
 84.1   the party's rights in the proceeding and will not contribute 
 84.2   unnecessarily to the length and expense of the proceeding; 
 84.3      (2) the party from whom fees, costs, and disbursements are 
 84.4   sought has the means to pay them; and 
 84.5      (3) the party to whom fees, costs, and disbursements are 
 84.6   awarded does not have the means to pay them. 
 84.7      (b) Fees, costs, and disbursements may be awarded at any 
 84.8   point during or after a proceeding under this chapter, including 
 84.9   if a proceeding is dismissed or abandoned. 
 84.10     (c) The court may assess costs and disbursements against 
 84.11  either party. 
 84.12     Subd. 2.  [UNREASONABLE ACTIONS.] The court may, in its 
 84.13  discretion, assess additional fees, costs, and disbursements 
 84.14  against a party who unreasonably contributes to the length or 
 84.15  expense of the proceeding. 
 84.16     Subd. 3.  [COLLECTION.] The court may authorize the 
 84.17  collection of money awarded by execution, or out of property 
 84.18  sequestered, or in any other manner within the power of the 
 84.19  court.  An award of attorney fees survives the proceeding.  If 
 84.20  the award is not paid by the party directed to pay it, the award 
 84.21  may be enforced as provided by this subdivision or by a separate 
 84.22  civil action brought in the attorney's own name. 
 84.23     Sec. 7.  [517C.10] [EXCHANGE OF INFORMATION.] 
 84.24     Subdivision 1.  [DOCUMENTATION.] (a) The parties must 
 84.25  timely serve and file documentation of earnings and income.  
 84.26  When there is a prehearing conference, the court must receive 
 84.27  the documentation at least ten days before the prehearing 
 84.28  conference. 
 84.29     (b) Documentation of earnings and income includes, but is 
 84.30  not limited to, pay stubs for the most recent three months, 
 84.31  employer statements, or statement of receipts and expenses if 
 84.32  self-employed.  Documentation of earnings and income also 
 84.33  includes copies of each parent's most recent federal tax 
 84.34  returns, W-2 forms, 1099 forms, unemployment insurance benefits 
 84.35  statements, workers' compensation statements, and all other 
 84.36  documents evidencing the receipt of income that provide 
 85.1   verification of income over a longer period. 
 85.2      Subd. 2.  [EXCHANGE OF TAX RETURNS.] At any time after a 
 85.3   party commences an action seeking child support or when a child 
 85.4   support order is in effect, a party or the public authority may 
 85.5   require the other party to give them a copy of the other party's 
 85.6   most recent federal tax returns that were filed with the 
 85.7   Internal Revenue Service.  The party must provide a copy of the 
 85.8   tax returns within 30 days of receiving the request unless the 
 85.9   request is not made in good faith.  A party may not make a 
 85.10  request under this subdivision more than once every two years, 
 85.11  in the absence of good cause. 
 85.12     Subd. 3.  [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] An 
 85.13  obligor must notify other parties of a change of address or 
 85.14  residence within 60 days of the address or residence change. 
 85.15     Subd. 4.  [NOTICE TO PUBLIC AUTHORITY; PUBLIC ASSISTANCE.] 
 85.16  The petitioner must notify the public authority of all 
 85.17  proceedings for dissolution, legal separation, determination of 
 85.18  parentage, or for the custody of a child, if either party is 
 85.19  receiving public assistance or applies for it subsequent to the 
 85.20  commencement of the proceeding.  The notice must contain the 
 85.21  full names of the parties to the proceeding, their social 
 85.22  security account numbers, and their birth dates. 
 85.23     Subd. 5.  [FAILURE OF NOTICE.] If the court in a 
 85.24  dissolution, legal separation, or determination of parentage 
 85.25  proceeding, finds before issuing the order for judgment and 
 85.26  decree, that notification has not been given to the public 
 85.27  authority, the court must set child support according to the 
 85.28  guidelines in this chapter.  In those proceedings in which no 
 85.29  notification has been made pursuant to this section and in which 
 85.30  the public authority determines that the judgment is lower than 
 85.31  the child support required by the guidelines in this chapter, it 
 85.32  must move the court for a redetermination of the support 
 85.33  payments ordered so that the support payments comply with the 
 85.34  guidelines. 
 85.35     Sec. 8.  [517C.11] [PRIVACY PROTECTION; PERSONAL 
 85.36  PROTECTION.] 
 86.1      Subdivision 1.  [SOCIAL SECURITY NUMBERS; TAX RETURNS.] The 
 86.2   social security numbers and tax returns required under this 
 86.3   chapter are not accessible to the public, except that they must 
 86.4   be disclosed to the other parties to a proceeding as provided in 
 86.5   section 517C.10. 
 86.6      Subd. 2.  [MODIFICATION OF CERTAIN REQUIREMENTS.] The court 
 86.7   may waive, modify, or limit the information exchange 
 86.8   requirements of this chapter by order if necessary to protect a 
 86.9   party from contact by another party. 
 86.10     Subd. 3.  [ACCESS TO ADDRESS FOR SERVICE OF PROCESS.] (a) 
 86.11  If the public authority is a party or is providing services in a 
 86.12  child support case, a party may obtain an ex parte order under 
 86.13  this subdivision.  The party may obtain an ex parte order 
 86.14  requiring the public authority to serve legal documents on the 
 86.15  other party by mail if the party submits a sworn affidavit to 
 86.16  the court stating that: 
 86.17     (1) the party needs to serve legal process in a support 
 86.18  proceeding and does not have access to the address of the other 
 86.19  party; 
 86.20     (2) the party has made reasonable efforts to locate the 
 86.21  other party; and 
 86.22     (3) the other party is not represented by counsel. 
 86.23     (b) The public authority must serve legal documents 
 86.24  provided by the moving party at the last known address of the 
 86.25  other party upon receipt of a court order under paragraph (a).  
 86.26  The public authority must provide for appropriate service and 
 86.27  must certify to all parties the date of service by mail.  The 
 86.28  public authority's proof of service must not include the place 
 86.29  or address of service. 
 86.30     (c) The state court administrator must prepare and make 
 86.31  available forms for use in seeking access to an address under 
 86.32  this subdivision. 
 86.33     Sec. 9.  [517C.12] [INCOME.] 
 86.34     Subdivision 1.  [DEFINITION.] For purposes of calculating 
 86.35  child support under this chapter, "income" means gross income. 
 86.36     Subd. 2.  [SOURCES.] For purposes of this chapter, income 
 87.1   includes any form of periodic payment to an individual 
 87.2   including, but not limited to: 
 87.3      (1) wages; 
 87.4      (2) salaries; 
 87.5      (3) payments to an independent contractor; 
 87.6      (4) workers' compensation; 
 87.7      (5) unemployment insurance benefits; 
 87.8      (6) annuity; 
 87.9      (7) military and naval retirement; 
 87.10     (8) pension and disability payments; and 
 87.11     (9) in-kind payments received by the obligor in the course 
 87.12  of employment, self-employment, or operation of a business if 
 87.13  the payments reduce the obligor's living expenses. 
 87.14     Subd. 3.  [COMMISSIONS; BONUSES.] If the court finds that a 
 87.15  party's commissions or bonuses are reliable and predictable, the 
 87.16  court may include them in income calculations. 
 87.17     Subd. 4.  [SELF-EMPLOYMENT; INDEPENDENT CONTRACTORS.] 
 87.18  Income from self-employment is equal to gross receipts minus 
 87.19  ordinary and necessary expenses.  Ordinary and necessary 
 87.20  expenses include what would otherwise be the employer's share of 
 87.21  the contributions under the Federal Insurance Contributions Act 
 87.22  (FICA), United States Code, title 26, subtitle C, chapter 21, 
 87.23  subchapter A, sections 3101 to 3126.  Ordinary and necessary 
 87.24  expenses do not necessarily include amounts allowed by the 
 87.25  Internal Revenue Service for accelerated depreciation expenses 
 87.26  or investment tax credits or any other business expenses 
 87.27  determined by the court to be inappropriate for determining 
 87.28  income for purposes of child support.  The person seeking to 
 87.29  deduct an expense, including depreciation, has the burden of 
 87.30  proving, if challenged, that the expense is ordinary and 
 87.31  necessary.  Income calculated under this section may be 
 87.32  different from taxable income. 
 87.33     Subd. 5.  [PUBLIC ASSISTANCE EXCLUSIONS.] Benefits received 
 87.34  under chapter 256J and Title IV-A of the Social Security Act are 
 87.35  not income under this section. 
 87.36     Subd. 6.  [OVERTIME.] (a) Income does not include 
 88.1   compensation received by a party for employment in excess of a 
 88.2   40-hour work week if: 
 88.3      (1) the excess employment is not within the normal range of 
 88.4   hours worked, given the party's employment history; 
 88.5      (2) the excess employment is voluntary and not a condition 
 88.6   of employment; 
 88.7      (3) the excess employment is in the nature of additional, 
 88.8   part-time, or overtime employment compensable by the hour or 
 88.9   fraction of an hour; and 
 88.10     (4) the party's compensation structure has not been changed 
 88.11  for the purpose of affecting a child support obligation. 
 88.12     (b) The court may presume that a party with seasonal or 
 88.13  intermittent income who works periods in excess of a 40-hour 
 88.14  work week, but who works a substantially normal number of hours 
 88.15  over the course of a year, is working within the normal range of 
 88.16  hours worked. 
 88.17     Subd. 7.  [INCOME OF A SPOUSE OR OTHER HOUSEHOLD 
 88.18  MEMBER.] (a) Income must not include the income of a party's 
 88.19  spouse or other household member.  The court must not consider 
 88.20  the income or resources provided by a spouse or other household 
 88.21  member when determining all the earnings, income, and resources 
 88.22  of a parent under sections 517C.25 to 517C.29. 
 88.23     (b) Notwithstanding paragraph (a), the court may issue an 
 88.24  order permitting discovery of a spouse's or other household 
 88.25  member's income information if there is probable cause to 
 88.26  believe the spouse or other household member is being used to 
 88.27  shelter income from a party.  If the court finds that income was 
 88.28  improperly or unfairly sheltered, it may impute income to the 
 88.29  party or otherwise adjust the support amount in a just and 
 88.30  proper manner.  However, the court may not under any 
 88.31  circumstances consider income or resources properly attributable 
 88.32  to a spouse or other household member when setting support. 
 88.33     Subd. 8.  [PRIOR SUPPORT OR MAINTENANCE ORDERS.] The amount 
 88.34  of a support or maintenance order, not including orders for 
 88.35  support or maintenance debts or arrears, must be deducted from 
 88.36  income. 
 89.1      Subd. 9.  [LEGALLY DEPENDENT CHILD.] (a) For purposes of 
 89.2   this subdivision, a "legally dependent child" means a child: 
 89.3      (1) whose primary residence is with a parent eligible for a 
 89.4   deduction from income under this subdivision; 
 89.5      (2) whom the parent has the legal duty to support; 
 89.6      (3) who is not a subject of the current child support 
 89.7   action; 
 89.8      (4) for whom the parent is not ordered to pay child 
 89.9   support; and 
 89.10     (5) for whom no other person has court-ordered sole 
 89.11  physical custody. 
 89.12     (b) The court must deduct an amount from a parent's income 
 89.13  for a legally dependent child.  The amount deducted from income 
 89.14  for each legally dependent child must be computed using the 
 89.15  following method: 
 89.16     (1) determine 120 percent of the federal poverty guidelines 
 89.17  for a family size equal to two parents plus each legally 
 89.18  dependent child; 
 89.19     (2) divide the amount determined under clause (1) by the 
 89.20  family size determined under clause (1); 
 89.21     (3) multiply the amount calculated under clause (2) by the 
 89.22  number of legally dependent children; and 
 89.23     (4) divide the amount calculated under clause (3) by two to 
 89.24  determine the deduction amount for one parent.  The amount 
 89.25  determined for one parent must be divided by 12 to determine the 
 89.26  amount of the deduction from a parent's monthly income. 
 89.27     (c) The commissioner of human services must publish a table 
 89.28  listing the amount of the deduction for each legally dependent 
 89.29  child by family size and must update the table for changes to 
 89.30  the federal poverty guidelines by July 1 of each year. 
 89.31     Sec. 10.  [517C.13] [IMPUTED INCOME.] 
 89.32     Subdivision 1.  [NONAPPEARANCE OF A PARENT.] If a parent 
 89.33  under the jurisdiction of the court does not appear at a court 
 89.34  hearing after proper notice of the time and place of the 
 89.35  hearing, the court must set income for that parent based on 
 89.36  credible evidence before the court or in accordance with 
 90.1   subdivision 3.  Credible evidence may include documentation of 
 90.2   current or recent income, testimony of the other parent 
 90.3   concerning recent earnings and income levels, and the parent's 
 90.4   wage reports filed with the Minnesota department of economic 
 90.5   security under section 268.044. 
 90.6      Subd. 2.  [VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT.] (a) 
 90.7   The principles of income imputation apply equally to both 
 90.8   parents. 
 90.9      (b) If the court finds that a parent is voluntarily 
 90.10  unemployed or underemployed or was voluntarily unemployed or 
 90.11  underemployed during the period for which past support is being 
 90.12  sought, a court must calculate support based on a determination 
 90.13  of imputed income. 
 90.14     (c) A parent is not considered voluntarily unemployed or 
 90.15  underemployed upon a showing by the parent that: 
 90.16     (1) the unemployment or underemployment is temporary and 
 90.17  will ultimately lead to an increase in income; 
 90.18     (2) the unemployment or underemployment represents a bona 
 90.19  fide career change that outweighs the adverse effect of that 
 90.20  parent's diminished income on the child; 
 90.21     (3) the parent is a recipient of public assistance under 
 90.22  section 256.741; or 
 90.23     (4) the parent is physically or mentally incapacitated. 
 90.24     (d) Imputed income means the estimated earning ability of a 
 90.25  parent based on the parent's prior earnings history, education, 
 90.26  and job skills, and on availability of jobs within the community 
 90.27  for an individual with the parent's qualifications. 
 90.28     Subd. 3.  [INSUFFICIENT INFORMATION.] If there is 
 90.29  insufficient information to determine actual income or to impute 
 90.30  income pursuant to subdivision 1 or 2, the court may calculate 
 90.31  support based on full-time employment of 40 hours per week at 
 90.32  150 percent of the federal minimum wage or the Minnesota minimum 
 90.33  wage, whichever is higher. 
 90.34     Subd. 4.  [PARENT PROVIDING AT-HOME CHILD CARE.] If a 
 90.35  parent stays home to care for a child who is the subject of the 
 90.36  child support order, the court must consider the following 
 91.1   factors when determining whether the parent is voluntarily 
 91.2   unemployed or underemployed: 
 91.3      (1) the parties' parenting and child care arrangements 
 91.4   before the child support action; 
 91.5      (2) the stay-at-home parent's employment history, including 
 91.6   recency of employment and earnings, and the availability of jobs 
 91.7   within the community for an individual with the parent's 
 91.8   qualifications; 
 91.9      (3) the relationship between the employment-related 
 91.10  expenses, including child care, transportation costs, suitable 
 91.11  clothing, and other items required for the parent to be 
 91.12  employed, and the income the stay-at-home parent could receive 
 91.13  from available jobs within the community for an individual with 
 91.14  the parent's qualifications; 
 91.15     (4) the child's age and health, including whether the child 
 91.16  is physically or mentally disabled; and 
 91.17     (5) the availability of appropriate child care providers. 
 91.18     Sec. 11.  [517C.14] [PRESUMPTIVE CHILD SUPPORT ORDER; 
 91.19  GENERAL.] 
 91.20     Subdivision 1.  [REBUTTABLE PRESUMPTION.] The guidelines in 
 91.21  sections 517C.12 to 517C.18 are a rebuttable presumption and 
 91.22  must be used in all cases when establishing or modifying child 
 91.23  support. 
 91.24     Subd. 2.  [CHILD'S INSURANCE BENEFIT.] In establishing or 
 91.25  modifying child support, if a child receives a child's insurance 
 91.26  benefit under United States Code, title 42, section 402, because 
 91.27  the obligor is entitled to old age or disability insurance 
 91.28  benefits, the amount of support ordered must be offset by the 
 91.29  amount of the child's benefit.  The court must make findings 
 91.30  regarding the obligor's income from all sources, the child 
 91.31  support amount calculated under this chapter, the amount of the 
 91.32  child's benefit, and the obligor's child support obligation.  A 
 91.33  benefit received by the child in a given month in excess of the 
 91.34  child support obligation must not be treated as a payment of 
 91.35  arrears or a future payment. 
 91.36     Sec. 12.  [517C.15] [BASIC SUPPORT.] 
 92.1      Subdivision 1.  [BASIC SUPPORT; SCHEDULE.] (a) Unless 
 92.2   otherwise agreed to by the parents and approved by the court, 
 92.3   the court must order that basic support be divided between the 
 92.4   parents based on their proportionate share of the parents' 
 92.5   combined monthly income, as determined under section 517C.12. 
 92.6      (b) For parents with a combined monthly income less than or 
 92.7   equal to 100 percent of the federal poverty guidelines amount 
 92.8   for two people, the commissioner of human services must 
 92.9   determine the percentages in this paragraph by taking two times 
 92.10  the minimum basic support amount under section 517C.18, 
 92.11  subdivision 2, divided by 100 percent of the federal poverty 
 92.12  guidelines amount for two people.  For all other parents, basic 
 92.13  support must be computed using the following schedule, prepared 
 92.14  based on 2001 United States Department of Agriculture 
 92.15  expenditure data: 
 92.16  Parents'               Number of Children
 92.17  Combined 
 92.18  Monthly 
 92.19  Income              One    Two   Three   Four   Five   Six
 92.20   
 92.21  Below $1,000       10.0%  16.1%  18.6%  21.6%  25.1%  29.1%
 92.22  $1,000 - $1,499    10.0%  16.1%  18.6%  21.6%  25.1%  29.1%
 92.23  $1,500 - $1,999    19.4%  31.3%  36.2%  42.0%  48.7%  56.5%
 92.24  $2,000 - $2,499    28.7%  46.3%  53.5%  62.1%  72.0%  83.5%
 92.25  $2,500 - $2,999    25.0%  40.3%  46.5%  53.9%  62.6%  72.6%
 92.26  $3,000 - $3,499    22.5%  36.3%  41.9%  48.6%  56.4%  65.4%
 92.27  $3,500 - $3,999    20.7%  33.4%  38.5%  44.7%  51.8%  60.1%
 92.28  $4,000 - $4,499    19.4%  31.2%  36.1%  41.9%  48.6%  56.3%
 92.29  $4,500 - $4,999    18.3%  29.6%  34.1%  39.6%  45.9%  53.2%
 92.30  $5,000 - $5,499    17.5%  28.2%  32.6%  37.8%  43.9%  50.9%
 92.31  $5,500 - $5,999    16.8%  27.1%  31.3%  36.3%  42.1%  48.9%
 92.32  $6,000 - $6,400    16.2%  26.2%  30.2%  35.0%  40.6%  47.1%
 92.33  $6,500 - $6,999    15.8%  25.4%  29.3%  34.0%  39.4%  45.7%
 92.34  $7,000 - $7,499    15.4%  24.8%  28.6%  33.2%  38.5%  44.6%
 92.35  $7,500 - $7,999    15.0%  24.2%  27.9%  32.4%  37.5%  43.5%
 92.36  $8,000 - $8,499    14.7%  23.7%  27.3%  31.7%  36.7%  42.6%
 92.37  $8,500 - $8,999    14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 93.1   $9,000 - $9,499    14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 93.2   $9,500 - $9,999    14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 93.3   $10,000 - $10,499  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 93.4   $10,500 - $10,999  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 93.5   $11,000 - $11,499  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 93.6   $11,500 - $11,999  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 93.7   $12,000 - $12,499  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 93.8   $12,500 - $12,999  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 93.9   $13,000 - $13,499  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 93.10  $13,500 - $13,999  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 93.11  $14,000 - $14,499  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 93.12  $14,500 - $14,999  14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 93.13  $15,500 or
 93.14  the amount         14.4%  23.3%  26.8%  31.1%  36.1%  41.8%
 93.15  in effect
 93.16  under subd. 4
 93.17     (c) The commissioner of human services must compute and 
 93.18  publish a schedule of basic support amounts calculated using the 
 93.19  percentages in paragraph (b).  The schedule must show basic 
 93.20  support amounts for combined monthly income increments of not 
 93.21  more than $100.  The commissioner must determine the percentages 
 93.22  for each income increment by interpolating between the 
 93.23  percentages in paragraph (b).  The commissioner may disregard a 
 93.24  fractional part of a dollar unless it amounts to 50 cents or 
 93.25  more, in which case the commissioner may increase the amount by 
 93.26  $1. 
 93.27     Subd. 2.  [SEPARATE HOUSEHOLD ADJUSTMENT.] After 
 93.28  determining each parent's basic support under subdivision 1, the 
 93.29  court must reduce the basic support of each parent by 20 percent.
 93.30     Subd. 3.  [JOINT PHYSICAL CUSTODY.] (a) If the parents' 
 93.31  parenting time approximates joint physical custody, an obligor's 
 93.32  basic support obligation is 50 percent of the difference between 
 93.33  the parents' basic support obligation, as determined under 
 93.34  subdivision 1. 
 93.35     (b) A parenting time division approximates joint physical 
 93.36  custody if each parent provides, or is responsible for 
 93.37  providing, care at least 45 percent of the days in a year. 
 94.1      (c) For purposes of this subdivision, the following 
 94.2   principles apply: 
 94.3      (1) the label given to a custody arrangement is not 
 94.4   determinative; 
 94.5      (2) the actual division of parenting time controls; and 
 94.6      (3) an overnight stay presumptively constitutes a day of 
 94.7   caregiving. 
 94.8      (d) The court must make specific findings in support of an 
 94.9   adjustment to an obligor's basic support obligation under this 
 94.10  subdivision. 
 94.11     Subd. 4.  [INCOME CAP ON DETERMINING BASIC SUPPORT.] (a) 
 94.12  The basic support obligation for parents with a combined monthly 
 94.13  income in excess of the income limit currently in effect under 
 94.14  subdivision 1 must be the same dollar amount as provided for 
 94.15  parents with a combined monthly income equal to the income limit 
 94.16  in effect under subdivision 1. 
 94.17     (b) A court may order a basic support obligation in a child 
 94.18  support order in an amount that exceeds the income limit in 
 94.19  subdivision 1 if it finds that a child has a disability or other 
 94.20  substantial, demonstrated need for the additional support and 
 94.21  that the additional support will directly benefit the child. 
 94.22     (c) The dollar amount for the cap in subdivision 1 must be 
 94.23  adjusted on July 1 of every even-numbered year to reflect 
 94.24  cost-of-living changes.  The supreme court must select the index 
 94.25  for the adjustment from the indices listed in section 517C.31.  
 94.26  The state court administrator must make the changes in the 
 94.27  dollar amounts required by this paragraph available to courts 
 94.28  and the public on or before April 30 of the year in which the 
 94.29  amount is to change. 
 94.30     Subd. 5.  [MORE THAN SIX CHILDREN.] If a child support 
 94.31  proceeding involves more than six children, the court may derive 
 94.32  a support order without specifically following the guidelines.  
 94.33  However, the court must consider the basic principles 
 94.34  encompassed by the guidelines and must consider both parents' 
 94.35  needs, resources, and circumstances. 
 94.36     Subd. 6.  [REPORT TO LEGISLATURE.] By January 15 each year, 
 95.1   the commissioner of human services must submit a report to the 
 95.2   legislature on the basic support schedule.  The report must 
 95.3   include the following: 
 95.4      (1) information on any changes to the United States 
 95.5   Department of Agriculture expenditure data used in constructing 
 95.6   the basic support schedule under subdivision 1; 
 95.7      (2) information on any new sources of economic data that 
 95.8   could be used to construct a basic support schedule; and 
 95.9      (3) a summary of any problems or concerns with implementing 
 95.10  or applying the basic support schedule, and recommendations on 
 95.11  how to resolve those problems or concerns. 
 95.12     Sec. 13.  [517C.16] [CHILD CARE SUPPORT.] 
 95.13     Subdivision 1.  [CHILD CARE COSTS.] Unless otherwise agreed 
 95.14  to by the parties and approved by the court, the court must 
 95.15  order that the child care costs be divided between the obligor 
 95.16  and obligee based on their proportionate share of the parties' 
 95.17  combined monthly income, as determined under section 517C.12. 
 95.18     Subd. 2.  [LOW-INCOME OBLIGOR.] (a) If the obligor's income 
 95.19  as determined under section 517C.12 meets the income eligibility 
 95.20  requirements for child care assistance under the basic sliding 
 95.21  fee program under chapter 119B, the court must order the obligor 
 95.22  to pay the lesser of the following amounts: 
 95.23     (1) the amount of the obligor's monthly co-payment for 
 95.24  child care assistance under the basic sliding fee schedule 
 95.25  established by the commissioner of children, families, and 
 95.26  learning under chapter 119B, based on an obligor's monthly gross 
 95.27  income as determined under section 517C.12 and the size of the 
 95.28  obligor's household.  For purposes of this subdivision, the 
 95.29  obligor's household includes the obligor and the number of 
 95.30  children for whom child support is being ordered; or 
 95.31     (2) the amount of the obligor's child care obligation under 
 95.32  subdivision 1. 
 95.33     (b) The commissioner of human services must publish a table 
 95.34  with the child care assistance basic sliding fee amounts and 
 95.35  update the table for changes to the basic sliding fee schedule 
 95.36  by July 1 of each year. 
 96.1      Subd. 3.  [DETERMINING COSTS.] (a) The court must require 
 96.2   verification of employment or school attendance and 
 96.3   documentation of child care expenses from the obligee and the 
 96.4   public authority, if applicable. 
 96.5      (b) If child care expenses fluctuate during the year 
 96.6   because of the obligee's seasonal employment or school 
 96.7   attendance or extended periods of parenting time with the 
 96.8   obligor, the court must determine child care expenses based on 
 96.9   an average monthly cost. 
 96.10     (c) The amount allocated for child care expenses is 
 96.11  considered child support but is not subject to a cost-of-living 
 96.12  adjustment under section 517C.31. 
 96.13     (d) The court may allow the parent with whom the child does 
 96.14  not reside to care for the child while the parent with whom the 
 96.15  child resides is working or attending school, as provided in 
 96.16  section 517B.25, subdivision 8.  Allowing the parent with whom 
 96.17  the child does not reside to care for the child under section 
 96.18  517B.25, subdivision 8, is not a reason to deviate from the 
 96.19  guidelines. 
 96.20     Subd. 4.  [CHANGE IN CHILD CARE.] (a) When a court order 
 96.21  provides for child care expenses and the public authority 
 96.22  provides child support enforcement services, the public 
 96.23  authority must suspend collecting the amount allocated for child 
 96.24  care expenses when:  (1) either party informs the public 
 96.25  authority that no child care costs are being incurred; and (2) 
 96.26  the public authority verifies the accuracy of the information.  
 96.27  The public authority will resume collecting child care expenses 
 96.28  when either party provides information that child care costs 
 96.29  have resumed. 
 96.30     (b) If the parties provide conflicting information to the 
 96.31  public authority regarding whether child care expenses are being 
 96.32  incurred, the public authority will continue or resume 
 96.33  collecting child care expenses.  Either party, by motion to the 
 96.34  court, may challenge the suspension or resumption of the 
 96.35  collection of child care expenses.  If the public authority 
 96.36  suspends collection activities for the amount allocated for 
 97.1   child care expenses, all other provisions of the court order 
 97.2   remain in effect. 
 97.3      (c) In cases where there is a substantial increase or 
 97.4   decrease in child care expenses, the parties may modify the 
 97.5   order under section 517C.31. 
 97.6      Sec. 14.  [517C.17] [MEDICAL SUPPORT.] 
 97.7      Subdivision 1.  [DEFINITIONS.] The definitions in this 
 97.8   subdivision apply to this chapter. 
 97.9      (a) "Health care coverage" means health care benefits that 
 97.10  are provided by a health plan. Health care coverage does not 
 97.11  include any form of medical assistance under chapter 256B or 
 97.12  MinnesotaCare under chapter 256L. 
 97.13     (b) "Health carrier" means a carrier as defined in sections 
 97.14  62A.011, subdivision 2, and 62L.02, subdivision 16. 
 97.15     (c) "Health plan" means a plan meeting the definition under 
 97.16  section 62A.011, subdivision 3, a group health plan governed 
 97.17  under the federal Employee Retirement Income Security Act of 
 97.18  1974 (ERISA), a self-insured plan under sections 43A.23 to 
 97.19  43A.317 and 471.617, or a policy, contract, or certificate 
 97.20  issued by a community-integrated service network licensed under 
 97.21  chapter 62N.  Health plan includes plans:  (1) provided on an 
 97.22  individual and group basis, (2) provided by an employer or 
 97.23  union, (3) purchased in the private market, and (4) available to 
 97.24  a person eligible to carry insurance for the child.  Health plan 
 97.25  includes a plan providing for dependent-only, dental, or vision 
 97.26  coverage and a plan provided through a party's spouse or parent. 
 97.27     (d) "Medical support" means providing health care coverage 
 97.28  for a child by carrying health care coverage for the child or by 
 97.29  contributing to the cost of health care coverage, public 
 97.30  coverage, unreimbursed medical expenses, and uninsured medical 
 97.31  expenses of the child. 
 97.32     (e) "National medical support notice" means an 
 97.33  administrative notice issued by the public authority to enforce 
 97.34  health insurance provisions of a support order in accordance 
 97.35  with Code of Federal Regulations, title 45, section 303.32, in 
 97.36  cases where the public authority provides support enforcement 
 98.1   services. 
 98.2      (f) "Public coverage" means health care benefits provided 
 98.3   by any form of medical assistance under chapter 256B or 
 98.4   MinnesotaCare under chapter 256L. 
 98.5      (g) "Uninsured medical expenses" means a child's reasonable 
 98.6   and necessary health-related expenses if the child is not 
 98.7   covered by a health plan or public coverage when the expenses 
 98.8   are incurred. 
 98.9      (h) "Unreimbursed medical expenses" means a child's 
 98.10  reasonable and necessary health-related expenses if a child is 
 98.11  covered by a health plan or public coverage and the plan or 
 98.12  coverage does not pay for the total cost of the expenses when 
 98.13  the expenses are incurred.  Unreimbursed medical expenses do not 
 98.14  include the cost of premiums.  Unreimbursed medical expenses 
 98.15  include, but are not limited to, deductibles, co-payments, and 
 98.16  expenses for orthodontia, prescription eyeglasses and contact 
 98.17  lenses, and over-the-counter medicine. 
 98.18     Subd. 2.  [ORDER.] (a) A completed national medical support 
 98.19  notice issued by the public authority or a court order that 
 98.20  complies with this section is a qualified medical child support 
 98.21  order under the federal Employee Retirement Income Security Act 
 98.22  of 1974 (ERISA), United States Code, title 29, section 1169(a). 
 98.23     (b) Every order addressing child support must state: 
 98.24     (1) the names, last known addresses, and social security 
 98.25  numbers of the parents and the child that is a subject of the 
 98.26  order unless the court prohibits the inclusion of an address or 
 98.27  social security number and orders the parents to provide the 
 98.28  address and social security number to the administrator of the 
 98.29  health plan; 
 98.30     (2) whether appropriate health care coverage for the child 
 98.31  is available and, if so, state: 
 98.32     (i) which party must carry health care coverage; 
 98.33     (ii) the cost of premiums and how the cost is allocated 
 98.34  between the parties; 
 98.35     (iii) how unreimbursed expenses will be allocated and 
 98.36  collected by the parties; and 
 99.1      (iv) the circumstances, if any, under which the obligation 
 99.2   to provide health care coverage for the child will shift from 
 99.3   one party to the other; 
 99.4      (3) if appropriate health care coverage is not available 
 99.5   for the child, whether a contribution for medical support is 
 99.6   required; and 
 99.7      (4) whether the amount ordered for medical support is 
 99.8   subject to a cost-of-living adjustment under section 517C.31. 
 99.9      Subd. 3.  [DETERMINING APPROPRIATE HEALTH CARE 
 99.10  COVERAGE.] (a) In determining whether a party has appropriate 
 99.11  health care coverage for the child, the court must evaluate the 
 99.12  health plan using the following factors: 
 99.13     (1) accessible coverage.  Dependent health care coverage is 
 99.14  accessible if the covered child can obtain services from a 
 99.15  health plan provider with reasonable effort by the parent with 
 99.16  whom the child resides.  Health care coverage is presumed 
 99.17  accessible if: 
 99.18     (i) primary care coverage is available within 30 minutes or 
 99.19  30 miles of the child's residence and specialty care coverage is 
 99.20  available within 60 minutes or 60 miles of the child's 
 99.21  residence; 
 99.22     (ii) the coverage is available through an employer and the 
 99.23  employee can be expected to remain employed for a reasonable 
 99.24  amount of time; and 
 99.25     (iii) no preexisting conditions exist to delay coverage 
 99.26  unduly; 
 99.27     (2) comprehensive coverage.  Dependent health care coverage 
 99.28  is comprehensive if it includes, at a minimum, medical and 
 99.29  hospital coverage and provides for preventive, emergency, acute, 
 99.30  and chronic care.  If both parties have health care coverage 
 99.31  that meets the minimum requirements, the court must determine 
 99.32  which health care coverage is more comprehensive by considering 
 99.33  whether the coverage includes: 
 99.34     (i) basic dental coverage; 
 99.35     (ii) orthodontia; 
 99.36     (iii) eyeglasses; 
100.1      (iv) contact lenses; 
100.2      (v) mental health services; or 
100.3      (vi) substance abuse treatment; 
100.4      (3) affordable coverage.  Dependent health care coverage is 
100.5   affordable if a party's gross income is 150 percent of the 
100.6   federal poverty guidelines or more and the party's contribution 
100.7   to the health care coverage premium does not exceed five percent 
100.8   of the party's gross income.  If a party's gross income is less 
100.9   than 150 percent of the federal poverty guidelines, it is 
100.10  presumed that the party is unable to contribute to the cost of 
100.11  health care coverage unless health care is available at no or 
100.12  low cost to that party; and 
100.13     (4) the child's special medical needs, if any. 
100.14     (b) If both parties have health care coverage available for 
100.15  a child, and the court determines under paragraph (a), clauses 
100.16  (1) and (2), that the available coverage is comparable with 
100.17  regard to accessibility and comprehensiveness, the least costly 
100.18  health care coverage is the appropriate health care coverage for 
100.19  the child. 
100.20     Subd. 4.  [ORDERING HEALTH CARE COVERAGE.] (a) If a child 
100.21  is presently enrolled in health care coverage, the court must 
100.22  order that the parent who currently has the child enrolled 
100.23  continue that enrollment unless the parties agree otherwise or a 
100.24  party requests a change in coverage and the court determines 
100.25  that other health care coverage is more appropriate. 
100.26     (b) If a child is not presently enrolled in health care 
100.27  coverage, upon motion of a party or the public authority, the 
100.28  court must determine whether one or both parties have 
100.29  appropriate health care coverage for the child and order the 
100.30  party with appropriate health care coverage available to carry 
100.31  the coverage for the child. 
100.32     (c) If only one party has appropriate health care coverage 
100.33  available, the court must order that party to carry the coverage 
100.34  for the child. 
100.35     (d) If both parties have appropriate health care coverage 
100.36  available, the court must order the parent with whom the child 
101.1   resides to carry the coverage for the child, unless: 
101.2      (1) either party expresses a preference for coverage 
101.3   available through the parent with whom the child does not 
101.4   reside; 
101.5      (2) the parent with whom the child does not reside is 
101.6   already carrying dependent health care coverage for other 
101.7   children and the cost of contributing to the premiums of the 
101.8   other parent's coverage would cause the parent with whom the 
101.9   child does not reside extreme hardship; or 
101.10     (3) the parents agree to provide coverage and agree on the 
101.11  allocation of costs. 
101.12     (e) If the exception in paragraph (d), clause (1) or (2) 
101.13  applies, the court must determine which party has the most 
101.14  appropriate coverage available and order that party to carry 
101.15  coverage for the child.  If the court determines under 
101.16  subdivision 3, paragraph (a), clauses (1) and (2), that the 
101.17  parties' health care coverage for the child is comparable with 
101.18  regard to accessibility and comprehensiveness, the court must 
101.19  order the party with the least costly health care coverage to 
101.20  carry coverage for the child. 
101.21     (f) If neither party has appropriate health care coverage 
101.22  available, the court must order the parent with whom the child 
101.23  does not reside to contribute toward the cost of public coverage 
101.24  for the child or the child's uninsured medical expenses in an 
101.25  amount equal to the lesser of: 
101.26     (1) five percent of gross income; or 
101.27     (2) the monthly amount the parent with whom the child does 
101.28  not reside would pay for the child's premiums if the parent's 
101.29  income meets the eligibility requirements for public coverage.  
101.30  For purposes of determining the premium amount, a parent's 
101.31  household size is equal to the parent plus the child who is the 
101.32  subject of the child support order.  The court may order the 
101.33  parent with whom the child resides to apply for public coverage 
101.34  for the child. 
101.35     (g) The commissioner of human services must publish a table 
101.36  with the premium schedule for public coverage and update the 
102.1   chart for changes to the schedule by July 1 of each year. 
102.2      Subd. 5.  [MEDICAL SUPPORT COSTS; UNREIMBURSED AND 
102.3   UNINSURED MEDICAL EXPENSES.] (a) Unless otherwise agreed to by 
102.4   the parties and approved by the court, the court must order that 
102.5   the cost of health care coverage and all unreimbursed and 
102.6   uninsured medical expenses be divided between the obligor and 
102.7   obligee based on their proportionate share of the parties' 
102.8   combined monthly income, as determined under section 517C.12. 
102.9      (b) If a party owes a child support obligation for a child 
102.10  and is ordered to carry health care coverage for the child, and 
102.11  the other party is ordered to contribute to the carrying party's 
102.12  cost for coverage, the carrying party's child support payment 
102.13  must be reduced by the amount of the contributing party's 
102.14  contribution. 
102.15     (c) If a party owes a child support obligation for a child 
102.16  and is ordered to contribute to the other party's cost for 
102.17  carrying health care coverage for the child, the contributing 
102.18  party's child support payment must be increased by the amount of 
102.19  the contribution. 
102.20     (d) If a party's obligation for health care coverage 
102.21  premiums is greater than five percent of the party's gross 
102.22  income, the court may order the other party to contribute more 
102.23  for the cost of the premiums, if doing so would not result in 
102.24  extreme hardship to that party.  If an additional contribution 
102.25  causes a party extreme hardship, the court must order the 
102.26  obligor to contribute the lesser of the two amounts under 
102.27  subdivision 4, paragraph (f). 
102.28     (e) If the party ordered to carry health care coverage for 
102.29  the child already carries dependent health care coverage for 
102.30  other dependents and would incur no additional premium costs to 
102.31  add the child to the existing coverage, the court must not order 
102.32  the other party to contribute to the premium costs for coverage 
102.33  of the child. 
102.34     (f) If a party ordered to carry health care coverage for 
102.35  the child does not already carry dependent health care coverage 
102.36  but has other dependents who may be added to the ordered 
103.1   coverage, the full premium costs of the dependent health care 
103.2   coverage must be allocated between the parties in proportion to 
103.3   the party's share of the parties' combined income, unless the 
103.4   parties agree otherwise. 
103.5      (g) If a party ordered to carry health care coverage for 
103.6   the child is required to enroll in a health plan so that the 
103.7   child can be enrolled in dependent health care coverage under 
103.8   the plan, the court must allocate the costs of the dependent 
103.9   health care coverage between the parties.  The costs of the 
103.10  health care coverage for the party ordered to carry the coverage 
103.11  for the child must not be allocated between the parties. 
103.12     Subd. 6.  [NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER, 
103.13  UNION, OR HEALTH CARRIER.] (a) The public authority must forward 
103.14  a copy of the national medical support notice or court order for 
103.15  health care coverage to the party's employer within two business 
103.16  days after the date the party is entered into the work reporting 
103.17  system under section 256.998. 
103.18     (b) The public authority or a party seeking to enforce an 
103.19  order for health care coverage must forward a copy of the 
103.20  national medical support notice or court order to the obligor's 
103.21  employer or union, or to the health carrier under the following 
103.22  circumstances: 
103.23     (1) the party ordered to carry health care coverage for the 
103.24  child fails to provide written proof to the other party or the 
103.25  public authority, within 30 days of the effective date of the 
103.26  court order, that the party has applied for health care coverage 
103.27  for the child; 
103.28     (2) the party seeking to enforce the order or the public 
103.29  authority gives written notice to the party ordered to carry 
103.30  health care coverage for the child of its intent to enforce 
103.31  medical support.  The party seeking to enforce the order or 
103.32  public authority must mail the written notice to the last known 
103.33  address of the party ordered to carry health care coverage for 
103.34  the child; and 
103.35     (3) the party ordered to carry health care coverage for the 
103.36  child fails, within 15 days after the date on which the written 
104.1   notice under clause (2) was mailed, to provide written proof to 
104.2   the other party or the public authority that the party has 
104.3   applied for health care coverage for the child. 
104.4      (c) The public authority is not required to forward a copy 
104.5   of the national medical support notice or court order to the 
104.6   obligor's employer or union, or to the health carrier, if the 
104.7   court orders health care coverage for the child that is not 
104.8   employer-based or union-based coverage. 
104.9      Subd. 7.  [EMPLOYER OR UNION REQUIREMENTS.] (a) An employer 
104.10  or union must forward the national medical support notice or 
104.11  court order to its health plan within 20 business days after the 
104.12  date on the national medical support notice or after receipt of 
104.13  the court order. 
104.14     (b) Upon determination by an employer's or union's health 
104.15  plan administrator that a child is eligible to be covered under 
104.16  the health plan, the employer or union and health plan must 
104.17  enroll the child as a beneficiary in the health plan, and the 
104.18  employer must withhold any required premiums from the income or 
104.19  wages of the party ordered to carry health care coverage for the 
104.20  child. 
104.21     (c) If enrollment of the party ordered to carry health care 
104.22  coverage for a child is necessary to obtain dependent health 
104.23  care coverage under the plan, and the party is not enrolled in 
104.24  the health plan, the employer or union must enroll the party in 
104.25  the plan. 
104.26     (d) Enrollment of dependents and, if necessary, the party 
104.27  ordered to carry health care coverage for the child must be 
104.28  immediate and not dependent upon open enrollment periods. 
104.29  Enrollment is not subject to the underwriting policies under 
104.30  section 62A.048. 
104.31     (e) Failure of the party ordered to carry health care 
104.32  coverage for the child to execute any documents necessary to 
104.33  enroll the dependent in the health plan does not affect the 
104.34  obligation of the employer or union and health plan to enroll 
104.35  the dependent in a plan.  Information and authorization provided 
104.36  by the public authority, or by a party or guardian, is valid for 
105.1   the purposes of meeting enrollment requirements of the health 
105.2   plan. 
105.3      (f) An employer or union that is included under the federal 
105.4   Employee Retirement Income Security Act of 1974 (ERISA), United 
105.5   States Code, title 29, section 1169(a), may not deny enrollment 
105.6   to the child or to the parent if necessary to enroll the child 
105.7   based on exclusionary clauses described in section 62A.048. 
105.8      (g) A new employer or union of a party who is ordered to 
105.9   provide health care coverage for a child must enroll the child 
105.10  in the party's health plan as required by a national medical 
105.11  support notice or court order. 
105.12     Subd. 8.  [HEALTH PLAN REQUIREMENTS.] (a) If a health plan 
105.13  administrator receives a completed national medical support 
105.14  notice or court order, the plan administrator must notify the 
105.15  parties, and the public authority if the public authority 
105.16  provides support enforcement services, within 40 business days 
105.17  after the date of the notice or after receipt of the court 
105.18  order, of the following: 
105.19     (1) whether coverage is available to the child under the 
105.20  terms of the health plan and, if not, the reason why coverage is 
105.21  not available; 
105.22     (2) whether the child is covered under the health plan; 
105.23     (3) the effective date of the child's coverage under the 
105.24  health plan; and 
105.25     (4) what steps, if any, are required to effectuate the 
105.26  child's coverage under the health plan. 
105.27     (b) If the employer or union offers more than one plan and 
105.28  the national medical support notice or court order does not 
105.29  specify the plan to be carried, the plan administrator must 
105.30  notify the parents and the public authority if the public 
105.31  authority provides support enforcement services.  When there is 
105.32  more than one option available under the plan, the public 
105.33  authority, in consultation with the parent with whom the child 
105.34  resides, must promptly select from available plan options. 
105.35     (c) The plan administrator must provide the parents and 
105.36  public authority, if the public authority provides support 
106.1   enforcement services, with a notice of the child's enrollment, 
106.2   description of the coverage, and any documents necessary to 
106.3   effectuate coverage. 
106.4      (d) The health plan must send copies of all correspondence 
106.5   regarding the health care coverage to the parents. 
106.6      (e) An insured child's parent's signature is a valid 
106.7   authorization to a health plan for purposes of processing an 
106.8   insurance reimbursement payment to the medical services provider 
106.9   or to the parent, if medical services have been prepaid by that 
106.10  parent. 
106.11     Subd. 9.  [EMPLOYER OR UNION LIABILITY.] (a) An employer or 
106.12  union that willfully fails to comply with the order or notice is 
106.13  liable for any uninsured medical expenses incurred by the 
106.14  dependents while the dependents were eligible to be enrolled in 
106.15  the health plan and for any other premium costs incurred because 
106.16  the employer or union willfully failed to comply with the order 
106.17  or notice. 
106.18     (b) An employer or union that fails to comply with the 
106.19  order or notice is subject to a contempt finding, a $250 civil 
106.20  penalty under section 517C.57, and is subject to a civil penalty 
106.21  of $500 to be paid to the party entitled to reimbursement or the 
106.22  public authority.  Penalties paid to the public authority are 
106.23  designated for child support enforcement services. 
106.24     Subd. 10.  [CONTESTING ENROLLMENT.] (a) A party may contest 
106.25  a child's enrollment in a health plan on the limited grounds 
106.26  that the enrollment is improper due to mistake of fact or that 
106.27  the enrollment meets the requirements of section 517C.26. 
106.28     (b) If the party chooses to contest the enrollment, the 
106.29  party must do so no later than 15 days after the employer 
106.30  notifies the party of the enrollment by doing the following: 
106.31     (1) filing a motion in district court or according to 
106.32  section 484.702 and the expedited child support process rules if 
106.33  the public authority provides support enforcement services; 
106.34     (2) serving the motion on the other party and public 
106.35  authority if the public authority provides support enforcement 
106.36  services; and 
107.1      (3) securing a date for the matter to be heard no later 
107.2   than 45 days after the notice of enrollment. 
107.3      (c) The enrollment must remain in place while the party 
107.4   contests the enrollment. 
107.5      Subd. 11.  [DISENROLLMENT; CONTINUATION OF COVERAGE; 
107.6   COVERAGE OPTIONS.] (a) Unless a court order provides otherwise, 
107.7   a child for whom a party is required to provide health care 
107.8   coverage under this section must be covered as a dependent of 
107.9   the party until the child is emancipated, until further order of 
107.10  the court, or as consistent with the terms of the coverage. 
107.11     (b) The health carrier, employer, or union may not 
107.12  disenroll or eliminate coverage for the child unless: 
107.13     (1) the health carrier, employer, or union is provided 
107.14  satisfactory written evidence that the court order is no longer 
107.15  in effect; 
107.16     (2) the child is or will be enrolled in comparable health 
107.17  care coverage through another health plan that will take effect 
107.18  no later than the effective date of the disenrollment; 
107.19     (3) the employee is no longer eligible for dependent 
107.20  coverage; or 
107.21     (4) the required premium has not been paid by or on behalf 
107.22  of the child. 
107.23     (c) The health plan must provide 30 days' written notice to 
107.24  the child's parents, and the public authority if the public 
107.25  authority provides support enforcement services, before the 
107.26  health plan disenrolls or eliminates the child's coverage. 
107.27     (d) A child enrolled in health care coverage under a 
107.28  qualified medical child support order, including a national 
107.29  medical support notice, under this section is a dependent and a 
107.30  qualified beneficiary under the Consolidated Omnibus Budget and 
107.31  Reconciliation Act of 1985 (COBRA), Public Law 99-272.  Upon 
107.32  expiration of the order, the child is entitled to the 
107.33  opportunity to elect continued coverage that is available under 
107.34  the health plan.  The employer or union must provide notice to 
107.35  the parties and the public authority, if it provides support 
107.36  services, within ten days of the termination date. 
108.1      (e) If the public authority provides support enforcement 
108.2   services and a plan administrator reports to the public 
108.3   authority that there is more than one coverage option available 
108.4   under the health plan, the public authority, in consultation 
108.5   with the parent with whom the child resides, must promptly 
108.6   select coverage from the available options. 
108.7      Subd. 12.  [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court 
108.8   must require the parent with whom the child does not reside to 
108.9   provide dependent health care coverage for the benefit of the 
108.10  parent with whom the child resides if the parent is ordered to 
108.11  provide dependent health care coverage for the parties' child 
108.12  and adding the other parent to the coverage results in no 
108.13  additional premium cost. 
108.14     Subd. 13.  [DISCLOSURE OF INFORMATION.] (a) If the public 
108.15  authority provides support enforcement services, the parties 
108.16  must provide the public authority with the following information:
108.17     (1) information relating to dependent health care coverage 
108.18  or public coverage available for the benefit of the child for 
108.19  whom support is sought, including all information required to be 
108.20  included in a medical support order under this section; 
108.21     (2) verification that application for court-ordered health 
108.22  care coverage was made within 30 days of the court's order; and 
108.23     (3) the reason that a child is not enrolled in 
108.24  court-ordered health care coverage, if a child is not enrolled 
108.25  in coverage or subsequently loses coverage. 
108.26     (b) Upon request from the public authority under section 
108.27  256.978, an employer, union, or plan administrator, including an 
108.28  employer subject to the federal Employee Retirement Income 
108.29  Security Act of 1974 (ERISA), United States Code, title 29, 
108.30  section 1169(a), must provide the public authority the following 
108.31  information: 
108.32     (1) information relating to dependent health care coverage 
108.33  available to a party for the benefit of the child for whom 
108.34  support is sought, including all information required to be 
108.35  included in a medical support order under this section; and 
108.36     (2) information that will enable the public authority to 
109.1   determine whether a health plan is appropriate for a child, 
109.2   including, but not limited to, all available plan options, any 
109.3   geographic service restrictions, and the location of service 
109.4   providers. 
109.5      (c) The employer, union, or plan administrator must not 
109.6   release information regarding one party to the other party.  The 
109.7   employer, union, or plan administrator must provide both parties 
109.8   with insurance identification cards and all necessary written 
109.9   information to enable the parties to utilize the insurance 
109.10  benefits for the covered dependent. 
109.11     (d) The public authority is authorized to release to a 
109.12  party's employer, union, or health plan information necessary to 
109.13  verify availability of dependent health care coverage, or to 
109.14  establish, modify, or enforce medical support. 
109.15     (e) An employee must disclose to an employer if medical 
109.16  support is required to be withheld under this section and the 
109.17  employer must begin withholding according to the terms of the 
109.18  order and under section 517C.52.  If an employee discloses an 
109.19  obligation to obtain health care coverage and coverage is 
109.20  available through the employer, the employer must make all 
109.21  application processes known to the individual and enroll the 
109.22  employee and dependent in the plan. 
109.23     Subd. 14.  [CHILD SUPPORT ENFORCEMENT SERVICES.] The public 
109.24  authority must take necessary steps to establish and enforce an 
109.25  order for medical support if the child receives public 
109.26  assistance or a party completes an application for services from 
109.27  the public authority under section 517C.38, subdivision 2. 
109.28     Subd. 15.  [ENFORCEMENT.] (a) Remedies available for 
109.29  collecting and enforcing child support apply to medical support. 
109.30     (b) For the purpose of enforcement, the following are 
109.31  additional support: 
109.32     (1) the costs of individual or group health or 
109.33  hospitalization coverage; 
109.34     (2) dental coverage; 
109.35     (3) medical costs ordered by the court to be paid by either 
109.36  party, including health and dental insurance premiums paid by 
110.1   the obligee because of the obligor's failure to obtain coverage 
110.2   as ordered; and 
110.3      (4) liabilities established under this subdivision. 
110.4      (c) A party who fails to carry court-ordered dependent 
110.5   health care coverage is liable for the child's uninsured medical 
110.6   expenses unless a court order provides otherwise.  A party's 
110.7   failure to carry court-ordered coverage, or to provide other 
110.8   medical support as ordered, is a basis for modification of a 
110.9   support order under section 517C.28. 
110.10     (d) Payments by the health carrier or employer for services 
110.11  rendered to the dependents that are directed to a party not owed 
110.12  reimbursement must be endorsed over to and forwarded to the 
110.13  vendor or appropriate party or the public authority.  A party 
110.14  retaining insurance reimbursement not owed to the party is 
110.15  liable for the amount of the reimbursement. 
110.16     Subd. 16.  [INCOME WITHHOLDING; OFFSET.] (a) If a party 
110.17  owes no child support obligation for a child and is an obligor 
110.18  ordered to contribute to the other party's cost for carrying 
110.19  health care coverage for the child, the obligor is subject to an 
110.20  offset under subdivision 5 or income withholding under section 
110.21  517C.52. 
110.22     (b) If a party's court-ordered health care coverage for the 
110.23  child terminates and the child is not enrolled in other health 
110.24  care coverage or public coverage, and a modification motion is 
110.25  not pending, the public authority may remove the offset to a 
110.26  party's child support obligation or terminate income withholding 
110.27  instituted against a party under section 517C.52.  The public 
110.28  authority must provide notice to the parties of the action. 
110.29     (c) A party may contest the public authority's action to 
110.30  remove the offset to the child support obligation or terminate 
110.31  income withholding if the party makes a written request for a 
110.32  hearing within 30 days after receiving written notice.  If a 
110.33  party makes a timely request for a hearing, the public authority 
110.34  must schedule a hearing and send written notice of the hearing 
110.35  to the parties by mail to the parties' last known addresses at 
110.36  least 14 days before the hearing.  The hearing must be conducted 
111.1   in district court or in the expedited child support process if 
111.2   section 484.702 applies.  The district court or child support 
111.3   magistrate must determine whether removing the offset or 
111.4   terminating income withholding is appropriate and, if 
111.5   appropriate, the effective date for the removal or termination. 
111.6      (d) If the party does not request a hearing, the district 
111.7   court or child support magistrate must order the offset or 
111.8   income withholding termination effective the first day of the 
111.9   month following termination of the child's health care coverage. 
111.10     Subd. 17.  [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL 
111.11  EXPENSES.] (a) A party must initiate a request for reimbursement 
111.12  of unreimbursed and uninsured medical expenses within two years 
111.13  of the date that the party incurred the unreimbursed or 
111.14  uninsured medical expenses.  The time period in this paragraph 
111.15  does not apply if the location of the other party is unknown. 
111.16     (b) A party seeking reimbursement of unreimbursed and 
111.17  uninsured medical expenses must mail a written notice of intent 
111.18  to collect the expenses and a copy of an affidavit of health 
111.19  care expenses to the other party at the other party's last known 
111.20  address. 
111.21     (c) The written notice must include a statement that the 
111.22  party has 30 days from the date the notice was mailed to (1) pay 
111.23  in full; (2) enter a payment agreement; or (3) file a motion 
111.24  requesting a hearing contesting the matter.  If the public 
111.25  authority provides support enforcement services, the written 
111.26  notice also must include a statement that the requesting party 
111.27  must submit the amount due to the public authority for 
111.28  collection. 
111.29     (d) The affidavit of health care expenses must itemize and 
111.30  document the child's unreimbursed or uninsured medical expenses 
111.31  and include copies of all bills, receipts, and insurance company 
111.32  explanations of benefits. 
111.33     (e) If the public authority provides support enforcement 
111.34  services, the party seeking reimbursement must send to the 
111.35  public authority a copy of the written notice, the original 
111.36  affidavit, and copies of all bills, receipts, and insurance 
112.1   company explanations of benefits. 
112.2      (f) If the party does not respond to the request for 
112.3   reimbursement within 30 days, the party seeking reimbursement or 
112.4   public authority, if the public authority provides support 
112.5   enforcement services, must commence an enforcement action 
112.6   against the party under subdivision 18. 
112.7      (g) The public authority must serve the other party with a 
112.8   notice of intent to enforce unreimbursed and uninsured medical 
112.9   expenses and file an affidavit of service by mail with the 
112.10  district court administrator.  The notice must state that, 
112.11  unless the party (1) pays in full; (2) enters into a payment 
112.12  agreement; or (3) files a motion contesting the matter within 14 
112.13  days of service of the notice, the public authority will 
112.14  commence enforcement of the expenses as medical support arrears 
112.15  under subdivision 18. 
112.16     (h) If the party files a timely motion for a hearing 
112.17  contesting the requested reimbursement, the contesting party 
112.18  must schedule a hearing in district court or in the expedited 
112.19  child support process if section 484.702 applies.  The 
112.20  contesting party must provide the party seeking reimbursement 
112.21  and the public authority, if the public authority provides 
112.22  support enforcement services, with written notice of the hearing 
112.23  at least 14 days before the hearing by mailing notice of the 
112.24  hearing to the public authority and the party at the party's 
112.25  last known address.  The party seeking reimbursement must file 
112.26  the original affidavit of health care expenses with the court at 
112.27  least five days before the hearing.  Based upon the evidence 
112.28  presented, the district court or child support magistrate must 
112.29  determine liability for the expenses and order that the liable 
112.30  party is subject to enforcement of the expenses as medical 
112.31  support arrears under subdivision 18. 
112.32     Subd. 18.  [ENFORCING AN ORDER FOR MEDICAL SUPPORT 
112.33  ARREARS.] (a) If a party liable for unreimbursed and uninsured 
112.34  medical expenses owes a child support obligation to the party 
112.35  seeking reimbursement of the expenses, the expenses must be 
112.36  collected as medical support arrears. 
113.1      (b) If a party liable for unreimbursed and uninsured 
113.2   medical expenses does not owe a child support obligation to the 
113.3   party seeking reimbursement, and the party seeking reimbursement 
113.4   owes the liable party basic support arrears, the liable party's 
113.5   medical support arrears must be deducted from the amount of the 
113.6   basic support arrears.  
113.7      (c) If a liable party owes medical support arrears after 
113.8   deducting the amount owed from the amount of the child support 
113.9   arrears owed by the party seeking reimbursement, it must be 
113.10  collected as follows: 
113.11     (1) if the party seeking reimbursement owes a child support 
113.12  obligation to the liable party, the child support obligation 
113.13  must be reduced by 20 percent until the medical support arrears 
113.14  are satisfied; 
113.15     (2) if the party seeking reimbursement does not owe a child 
113.16  support obligation to the liable party, the liable party's 
113.17  income must be subject to income withholding under section 
113.18  517C.52 for an amount required under section 517C.71 until the 
113.19  medical support arrears are satisfied; or 
113.20     (3) if the party seeking reimbursement does not owe a child 
113.21  support obligation, and income withholding under section 517C.52 
113.22  is not available, payment of the medical support arrears must be 
113.23  required under a payment agreement under section 517C.71. 
113.24     (d) If a liable party fails to enter into or comply with a 
113.25  payment agreement, the party seeking reimbursement or the public 
113.26  authority, if it provides support enforcement services, may 
113.27  schedule a hearing to have a court order payment.  The party 
113.28  seeking reimbursement or the public authority must provide the 
113.29  liable party with written notice of the hearing at least 14 days 
113.30  before the hearing. 
113.31     Sec. 15.  [517C.18] [SELF-SUPPORT ADJUSTMENT.] 
113.32     Subdivision 1.  [ADJUSTMENT.] (a) If the sum of the 
113.33  obligor's basic support, child care support, and medical support 
113.34  obligation leaves the obligor with remaining income in an amount 
113.35  less than 120 percent of the federal poverty guidelines for one 
113.36  person, the court must reduce the obligor's child support 
114.1   obligation by an amount equal to the lesser of:  (1) the 
114.2   difference between the obligor's remaining income and 120 
114.3   percent of the federal poverty guidelines amount; or (2) the 
114.4   obligor's total child support obligation.  If the self-support 
114.5   adjustment results in an order amount less than $50 per month 
114.6   for one or two children or $75 per month for three or more 
114.7   children, the court must order basic support under subdivision 2.
114.8      (b) The court must apply the reduction to the obligor's 
114.9   child support obligation in the following order: 
114.10     (1) medical support obligation; 
114.11     (2) child care support obligation; and 
114.12     (3) basic support obligation. 
114.13     Subd. 2.  [MINIMUM BASIC SUPPORT AMOUNT.] (a) If the 
114.14  reduction under subdivision 1 equals the sum of the obligor's 
114.15  basic support, child care support, and medical support 
114.16  obligation, the court must order support as follows: 
114.17     (1) for one or two children, the obligor's basic support 
114.18  obligation is $50 per month; or 
114.19     (2) for three or more children, the obligor's basic support 
114.20  obligation is $75 per month. 
114.21     (b) If the court orders the obligor to pay the minimum 
114.22  basic support amount under this subdivision, the obligor is 
114.23  presumed unable to pay child care support and medical support. 
114.24     (c) If the court finds that an obligor receives no income 
114.25  and completely lacks the ability to earn income, the minimum 
114.26  basic support amount under this subdivision does not apply. 
114.27     Sec. 16.  [517C.19] [WORKSHEET.] 
114.28     The commissioner of human services must create and publish 
114.29  a worksheet to assist in calculating child support under 
114.30  sections 517C.12 to 517C.18.  The worksheet must not impose 
114.31  substantive requirements other than requirements contained in 
114.32  sections 517C.12 to 517C.18.  The commissioner must update the 
114.33  worksheet by July 1 of each year.  The commissioner must make an 
114.34  interactive version of the worksheet available on the department 
114.35  of human services Web site. 
114.36     Sec. 17.  [517C.20] [DEVIATIONS.] 
115.1      Subdivision 1.  [GENERAL FACTORS.] In addition to the child 
115.2   support guidelines, the court must take into consideration the 
115.3   following factors in setting or modifying child support or in 
115.4   determining whether to deviate from the guidelines: 
115.5      (1) all earnings, income, and resources of the parents, 
115.6   including real and personal property, but excluding income from 
115.7   excess employment of the obligor or obligee that meets the 
115.8   criteria of section 517C.12, subdivision 6; 
115.9      (2) the financial needs and resources, physical and 
115.10  emotional condition, and educational needs of the child to be 
115.11  supported; 
115.12     (3) the standard of living the child would have enjoyed had 
115.13  the marriage not been dissolved, but recognizing that the 
115.14  parents now have separate households; 
115.15     (4) which parent receives the income taxation dependency 
115.16  exemption and the financial benefit the parent receives from it; 
115.17     (5) the parents' debts as provided in subdivision 2; 
115.18     (6) the obligor's receipt of public assistance under the 
115.19  AFDC program formerly codified under sections 256.72 to 256.82 
115.20  or 256B.01 to 256B.40 and chapter 256J or 256K; and 
115.21     (7) the child spends between 33 and 45 percent of 
115.22  overnights with the obligor pursuant to a court order or with 
115.23  the consent of the obligee, which results in an increased 
115.24  financial burden on the obligor. 
115.25     Subd. 2.  [DEBT OWED TO PRIVATE CREDITORS.] (a) In 
115.26  establishing or modifying a support obligation, the court may 
115.27  consider debts owed to private creditors, but only if: 
115.28     (1) the right to support has not been assigned under 
115.29  section 256.741; 
115.30     (2) the court determines that the debt was reasonably 
115.31  incurred for necessary support of the child or parent or for the 
115.32  necessary generation of income.  If the debt was incurred for 
115.33  the necessary generation of income, the court may consider only 
115.34  the amount of debt that is essential to the continuing 
115.35  generation of income; and 
115.36     (3) the party requesting a departure produces a sworn 
116.1   schedule of the debts, with supporting documentation, showing 
116.2   goods or services purchased, the recipient of them, the original 
116.3   debt amount, the outstanding balance, the monthly payment, and 
116.4   the number of months until the debt will be fully paid. 
116.5      (b) A schedule prepared under paragraph (a), clause (3), 
116.6   must contain a statement that the debt will be fully paid after 
116.7   the number of months shown in the schedule, barring emergencies 
116.8   beyond the party's control. 
116.9      (c) Any further departure below the guidelines that is 
116.10  based on a consideration of debts owed to private creditors must 
116.11  not exceed 18 months in duration.  After 18 months the support 
116.12  must increase automatically to the level ordered by the court.  
116.13  This section does not prohibit one or more step increases in 
116.14  support to reflect debt retirement during the 18-month period. 
116.15     (d) If payment of debt is ordered pursuant to this section, 
116.16  the payment must be ordered to be in the nature of child support.
116.17     Subd. 3.  [EVIDENCE.] The court may receive evidence on the 
116.18  factors in this section to determine if the guidelines should be 
116.19  exceeded or modified in a particular case. 
116.20     Subd. 4.  [NO DEVIATION WHEN PAYMENTS ARE ASSIGNED TO THE 
116.21  PUBLIC AUTHORITY EXCEPT FOR EXTREME HARDSHIP.] If the child 
116.22  support payments are assigned to the public authority under 
116.23  section 256.741, the court may not deviate downward from the 
116.24  child support guidelines unless the court specifically finds 
116.25  that the failure to deviate downward would impose an extreme 
116.26  hardship on the obligor. 
116.27     Subd. 5.  [NO DEPARTURE BASED ON JOINT LEGAL CUSTODY.] An 
116.28  award of joint legal custody is not a reason for departure from 
116.29  the guidelines. 
116.30     Sec. 18.  [517C.21] [WRITTEN FINDINGS.] 
116.31     Subdivision 1.  [NO DEVIATION.] If the court does not 
116.32  deviate from the guidelines, the court must make written 
116.33  findings concerning the amount of the parties' income used as 
116.34  the basis for the guidelines calculation and any other 
116.35  significant evidentiary factors affecting the child support 
116.36  determination. 
117.1      Subd. 2.  [DEVIATION.] (a) If the court deviates from the 
117.2   guidelines, the court must make written findings giving the 
117.3   amount of support calculated under the guidelines, the reasons 
117.4   for the deviation, and must specifically address the criteria in 
117.5   section 517C.20 and how the deviation serves the best interests 
117.6   of the child. 
117.7      (b) The court may deviate from the guidelines if both 
117.8   parties agree and the court makes written findings that it is in 
117.9   the best interests of the child, except that in cases where 
117.10  child support payments are assigned to the public authority 
117.11  under section 256.741, the court may deviate downward only as 
117.12  provided in section 517C.20, subdivision 4.  Nothing in this 
117.13  section prohibits the court from deviating in other cases. 
117.14     Subd. 3.  [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 
117.15  provisions of this section apply whether or not the parties are 
117.16  each represented by independent counsel and have entered into a 
117.17  written agreement.  The court must review stipulations presented 
117.18  to it for conformity to the guidelines.  The court is not 
117.19  required to conduct a hearing, but the parties must provide the 
117.20  documentation of earnings required under section 517C.10. 
117.21     Sec. 19.  [517C.22] [GUIDELINES REVIEW.] 
117.22     No later than 2006 and every four years after that, the 
117.23  department of human services must conduct a review of the child 
117.24  support guidelines. 
117.25     Sec. 20.  [517C.23] [EDUCATION TRUST FUND.] 
117.26     The parties may agree to designate a sum of money above 
117.27  court-ordered child support as a trust fund for the costs of 
117.28  postsecondary education. 
117.29     Sec. 21.  [517C.25] [MODIFICATION; GENERAL.] 
117.30     Subdivision 1.  [AUTHORITY.] After a child support order is 
117.31  established, the court may, on motion of a party or the public 
117.32  authority, modify the order respecting the amount and payment of 
117.33  support.  The court may make an order respecting any matters it 
117.34  had authority to address in the original proceeding, except as 
117.35  otherwise provided in section 517C.29.  A party or the public 
117.36  authority also may make a motion for contempt of court if the 
118.1   obligor is in arrears in support payments. 
118.2      Subd. 2.  [GUIDELINES REMAIN APPLICABLE.] On a motion for 
118.3   modification of support, the guidelines in this chapter remain 
118.4   applicable. 
118.5      Subd. 3.  [EVIDENTIARY HEARING NOT REQUIRED.] The court 
118.6   need not hold an evidentiary hearing on a motion for child 
118.7   support modification. 
118.8      Subd. 4.  [FORM.] The state court administrator must 
118.9   prepare and make available to courts, obligors, and obligees a 
118.10  form to be submitted in support of a motion for a child support 
118.11  modification or for contempt of court. 
118.12     Sec. 22.  [517C.26] [REOPENING AN ORDER.] 
118.13     Subdivision 1.  [FACTORS.] Upon a party's motion, the court 
118.14  may rescind a child support order or judgment and may order a 
118.15  new trial or grant other relief as may be just for the following 
118.16  reasons: 
118.17     (1) mistake, inadvertence, surprise, or excusable neglect; 
118.18     (2) newly discovered evidence that could not have been 
118.19  discovered by due diligence in time to move for a new trial 
118.20  under the rules of civil procedure; 
118.21     (3) fraud, whether denominated intrinsic or extrinsic, 
118.22  misrepresentation, or other misconduct of an adverse party; 
118.23     (4) the judgment or order is void; 
118.24     (5) the judgment has been satisfied, released, or 
118.25  discharged; 
118.26     (6) the judgment is based on a prior order that has been 
118.27  reversed or otherwise vacated; or 
118.28     (7) it is no longer equitable that the order should have 
118.29  prospective application. 
118.30     Subd. 2.  [PROCEDURE; EFFECT.] A party's motion must be 
118.31  made within a reasonable time, and, for a reason under 
118.32  subdivision 1, clause (1), (2), or (3), not more than one year 
118.33  after the judgment and decree, order, or proceeding was entered 
118.34  or taken.  A motion under this section does not affect the 
118.35  finality of an order or suspend its operation.  This section 
118.36  does not limit the power of a court to entertain an independent 
119.1   action to relieve a party from an order or proceeding or to 
119.2   grant relief to a party not actually personally notified as 
119.3   provided in the Minnesota Rules of Civil Procedure, or to set 
119.4   aside a judgment for fraud upon the court. 
119.5      Sec. 23.  [517C.27] [CHANGE IN CUSTODY OR PARENTING TIME.] 
119.6      Subdivision 1.  [OFFICIAL CHANGE IN CUSTODY; CHILD SUPPORT 
119.7   SUSPENDED.] If an obligee has been granted sole physical custody 
119.8   of a child, the child subsequently lives with the obligor, and 
119.9   temporary sole physical custody has been approved by the court 
119.10  or by a court-appointed referee, the court may suspend the 
119.11  obligor's child support obligation pending the final custody 
119.12  determination.  The court's order denying the suspension of 
119.13  child support must include a written explanation of the reasons 
119.14  why continuation of the child support obligation would be in the 
119.15  best interests of the child. 
119.16     Subd. 2.  [UNOFFICIAL CHANGE IN CUSTODY; CHILD SUPPORT 
119.17  OBLIGATION SATISFIED.] The court may conclude that an obligor 
119.18  has satisfied a child support obligation by providing a home, 
119.19  care, and support for the child while the child is living with 
119.20  the obligor, if the court finds that the child was integrated 
119.21  into the family of the obligor with the consent of the obligee 
119.22  and child support payments were not assigned to the public 
119.23  authority. 
119.24     Subd. 3.  [30-DAY CHANGE; CHILD SUPPORT REDUCED.] A support 
119.25  order issued under this chapter may provide that, during any 
119.26  period of time of 30 consecutive days or longer that the child 
119.27  is residing with the obligor, the support amount otherwise due 
119.28  under the order may be reduced. 
119.29     Sec. 24.  [517C.28] [SUBSTANTIAL CHANGE IN CIRCUMSTANCES, 
119.30  EARNINGS, OR NEEDS.] 
119.31     Subdivision 1.  [FACTORS.] (a) A court may modify the terms 
119.32  of a child support order upon a showing of one or more of the 
119.33  following: 
119.34     (1) substantially increased or decreased earnings of a 
119.35  party; 
119.36     (2) substantially increased or decreased need of a party or 
120.1   the child that is the subject of these proceedings; 
120.2      (3) receipt of assistance under the AFDC program formerly 
120.3   codified under sections 256.72 to 256.87 or 256B.01 to 256B.40 
120.4   or chapter 256J or 256K; 
120.5      (4) a change in the cost of living for either party, as 
120.6   measured by the federal Bureau of Labor Statistics, that makes 
120.7   the terms unreasonable and unfair; 
120.8      (5) extraordinary medical expenses of the child not 
120.9   provided for under section 517C.17; 
120.10     (6) the addition of the obligee's work-related or 
120.11  education-related child care expenses or a substantial increase 
120.12  or decrease in existing work-related or education-related child 
120.13  care expenses; or 
120.14     (7) upon the emancipation of a child if there is still a 
120.15  child under the order.  A child support obligation for two or 
120.16  more children that is not a support obligation in a specific 
120.17  amount per child continues in the full amount until modified or 
120.18  until the emancipation of the last child for whose benefit the 
120.19  order was made. 
120.20     (b) Implementation of this chapter is not a basis for 
120.21  modification unless the requirements under this section are met. 
120.22     Subd. 2.  [PRESUMPTIONS.] It is presumed that there has 
120.23  been a substantial change in circumstances under subdivision 1 
120.24  and the terms of a current support order are rebuttably presumed 
120.25  to be unreasonable and unfair if: 
120.26     (1) when applied to the parties' current circumstances, the 
120.27  presumptive child support amount derived under this chapter is 
120.28  at least 20 percent and at least $50 per month higher or lower 
120.29  than the current support order; 
120.30     (2) the medical support provisions of the order established 
120.31  under section 517C.17 are not enforceable by the public 
120.32  authority or the obligee; 
120.33     (3) health insurance coverage ordered under section 517C.17 
120.34  is not available to the child for whom the order is established 
120.35  by the parent ordered to provide it; or 
120.36     (4) the existing support obligation is in the form of a 
121.1   statement of percentage and not a specific dollar amount. 
121.2      Sec. 25.  [517C.29] [MODIFICATION EFFECTIVE DATE.] 
121.3      Subdivision 1.  [DATE OF MOTION DETERMINATIVE.] A court may 
121.4   make a modification of support, including interest that accrued 
121.5   pursuant to section 548.091, effective no sooner than the date 
121.6   of service of notice of the motion for modification on the 
121.7   responding parties. 
121.8      Subd. 2.  [RETROACTIVE MODIFICATION PERMITTED ONLY IN 
121.9   LIMITED CIRCUMSTANCES.] Notwithstanding subdivision 1, a court 
121.10  may apply a modification to an earlier period if the court makes 
121.11  express findings that: 
121.12     (1) the party seeking modification was precluded from 
121.13  serving a motion by reason of a significant physical or mental 
121.14  disability, a material misrepresentation of another party, or 
121.15  fraud upon the court; and the party seeking modification, when 
121.16  no longer precluded, promptly served a motion; 
121.17     (2) the party seeking modification was a recipient of 
121.18  federal Supplemental Security Income (SSI), Title II Older 
121.19  Americans Insurance, Survivor's Disability Insurance (OASDI), 
121.20  other disability benefits, or public assistance based upon need 
121.21  during the period for which retroactive modification is sought; 
121.22     (3) the order the party seeks to amend was entered by 
121.23  default, the party shows good cause for not appearing, and the 
121.24  record contains no factual evidence, or clearly erroneous 
121.25  evidence, regarding the obligor's ability to pay; or 
121.26     (4) the party seeking modification was institutionalized or 
121.27  incarcerated for an offense other than nonsupport of a child 
121.28  during the period for which retroactive modification is sought 
121.29  and lacked the financial ability to pay the support ordered 
121.30  during that time period.  In determining whether to allow the 
121.31  retroactive modification, the court must consider whether and 
121.32  when a request was made to the public authority for support 
121.33  modification. 
121.34     Subd. 3.  [CHILD CARE EXCEPTION.] The court may provide 
121.35  that a reduction in the amount allocated for child care expenses 
121.36  based on a substantial decrease in the expenses is effective as 
122.1   of the date the expenses decreased. 
122.2      Sec. 26.  [517C.30] [TERMINATION OF CHILD SUPPORT.] 
122.3      Subdivision 1.  [DEATH OF OBLIGOR.] Unless otherwise agreed 
122.4   in writing or expressly provided in the order, provisions for a 
122.5   child's support are not terminated by the death of a parent 
122.6   obligated to support the child.  When a parent obligated to pay 
122.7   support dies, the amount of support may be modified, revoked, or 
122.8   commuted to a lump-sum payment, to the extent just and 
122.9   appropriate in the circumstances. 
122.10     Subd. 2.  [AUTOMATIC TERMINATION.] (a) Unless a court order 
122.11  provides otherwise, a child support obligation in a specific 
122.12  amount per child terminates automatically and without any action 
122.13  by the obligor to reduce, modify, or terminate the order upon 
122.14  the child's emancipation. 
122.15     (b) A child support obligation for two or more children 
122.16  that is not a support obligation in a specific amount per child 
122.17  continues in the full amount until the emancipation of the last 
122.18  child for whose benefit the order was made, or until further 
122.19  order of the court. 
122.20     (c) The obligor may request a modification of the obligor's 
122.21  child support order upon a child's emancipation if there are 
122.22  still minor children under the order.  The court must determine 
122.23  the child support obligation based on the parties' income at the 
122.24  time the modification is sought. 
122.25     Sec. 27.  [517C.31] [COST-OF-LIVING ADJUSTMENTS.] 
122.26     Subdivision 1.  [GENERAL.] An order establishing, 
122.27  modifying, or enforcing child support must provide for a 
122.28  biennial adjustment in the amount to be paid based on a change 
122.29  in the cost of living.  Cost-of-living adjustments are 
122.30  compounded. 
122.31     Subd. 2.  [WAIVER.] A court may waive the requirement of 
122.32  the cost-of-living clause if it expressly finds that the 
122.33  obligor's occupation or income, or both, does not provide for 
122.34  cost-of-living adjustment or that the order for child support 
122.35  has a provision such as a step increase that has the effect of a 
122.36  cost-of-living clause. 
123.1      Subd. 3.  [INDEX; AMOUNT.] (a) The court must specify the 
123.2   cost-of-living index to be applied in an order that provides for 
123.3   a cost-of-living adjustment.  The court may use the Consumer 
123.4   Price Index for All Urban Consumers, Minneapolis-St. Paul 
123.5   (CPI-U), the Consumer Price Index for Wage Earners and Clerical, 
123.6   Minneapolis-St. Paul (CPI-W), or another cost-of-living index 
123.7   published by the department of labor that the court specifically 
123.8   finds is more appropriate. 
123.9      (b) The court may increase the amount by more than the 
123.10  cost-of-living adjustment by agreement of the parties or by 
123.11  making further findings. 
123.12     Subd. 4.  [EFFECTIVE DATE.] If payment is made to the 
123.13  public authority, an adjustment is effective on May 1 of the 
123.14  year it is made.  If payment is not made to the public 
123.15  authority, an adjustment may be made in any month but no 
123.16  adjustment may be made sooner than two years after the date of 
123.17  the dissolution decree.  A support order must specify the 
123.18  effective date of cost-of-living adjustments. 
123.19     Subd. 5.  [NOTICE.] A cost-of-living adjustment may not be 
123.20  made unless: 
123.21     (1) the support order requires it; and 
123.22     (2) the obligee or public authority notifies the obligor of 
123.23  the adjustment by mail at the obligor's last known address at 
123.24  least 20 days before the effective date of the adjustment.  The 
123.25  notice must inform the obligor of the effective date of the 
123.26  adjustment, the right to contest the adjustment, and the 
123.27  procedures to contest the adjustment. 
123.28     Subd. 6.  [PROCEDURE FOR CONTESTING ADJUSTMENT.] (a) To 
123.29  contest a cost-of-living adjustment initiated by the public 
123.30  authority or an obligee who has applied for or is receiving 
123.31  child support collection services from the public authority, 
123.32  other than income withholding-only services, the obligor must: 
123.33     (1) file a motion contesting the cost-of-living adjustment 
123.34  with the court administrator; and 
123.35     (2) serve the motion by first-class mail on the public 
123.36  authority and the obligee. 
124.1   The obligor must file and serve the motion before the effective 
124.2   date of the adjustment.  The hearing must take place in the 
124.3   expedited child support process under section 484.702. 
124.4      (b) To contest a cost-of-living adjustment initiated by an 
124.5   obligee who is not receiving child support collection services 
124.6   from the public authority, or for an obligee who receives income 
124.7   withholding-only services from the public authority, the obligor 
124.8   must: 
124.9      (1) file a motion contesting the cost-of-living adjustment 
124.10  with the court administrator; and 
124.11     (2) serve the motion by first-class mail on the obligee. 
124.12  The obligor must file and serve the motion before the effective 
124.13  date of the adjustment.  The hearing must take place in district 
124.14  court. 
124.15     (c) Upon receipt of a motion contesting the cost-of-living 
124.16  adjustment, the public authority or court must stay the 
124.17  cost-of-living adjustment pending further order of the court. 
124.18     Subd. 7.  [HEARING.] (a) At a hearing under this section, 
124.19  if the obligor establishes an insufficient increase in income to 
124.20  fulfill the adjusted child support obligation, the district 
124.21  court or child support magistrate may direct that all or part of 
124.22  the adjustment not take effect. 
124.23     (b) At a hearing under this section, if the obligor does 
124.24  not establish an insufficient increase in income, the adjustment 
124.25  must take effect as of the date originally specified in the 
124.26  support order. 
124.27     Subd. 8.  [FORM.] The state court administrator must 
124.28  prepare and make available to the court and obligors a pro se 
124.29  motion form to be submitted in support of a request for a 
124.30  hearing under this section. 
124.31     Subd. 9.  [RULES.] The commissioner of human services may 
124.32  promulgate rules for child support adjustments under this 
124.33  section in accordance with the rulemaking provisions of chapter 
124.34  14. 
124.35     Sec. 28.  [517C.35] [ASSIGNMENT.] 
124.36     Subdivision 1.  [GENERAL.] The court must direct that all 
125.1   payments ordered for support be made to the public authority if 
125.2   the obligee is receiving or has applied for public assistance.  
125.3   Amounts received by the public authority greater than the amount 
125.4   granted to the obligee must be remitted to the obligee pursuant 
125.5   to federal requirements. 
125.6      Subd. 2.  [JUDGMENTS.] The court administrator must enter 
125.7   and docket a judgment obtained by operation of law under section 
125.8   548.091, subdivision 1, in the name of the public authority to 
125.9   the extent that the obligation has been assigned.  When arrears 
125.10  are reduced to judgment and section 548.091 is not applicable, 
125.11  the court must grant judgment in favor of, and in the name of, 
125.12  the public authority to the extent that the arrears are 
125.13  assigned.  The public authority must file notice of an 
125.14  assignment with the court administrator, who must enter the 
125.15  notice in the docket.  The public authority may then enforce a 
125.16  judgment entered before the assignment of rights as if the 
125.17  judgment were granted to it, and in its name, to the extent that 
125.18  the arrears in that judgment are assigned. 
125.19     Subd. 3.  [PROPERTY LIEN.] The court may make any child 
125.20  support order a lien or charge upon the obligor's property, 
125.21  either at the time of the entry of the judgment or by subsequent 
125.22  order upon proper application. 
125.23     Sec. 29.  [517C.36] [PARTY STATUS.] 
125.24     Subdivision 1.  [OBLIGEE RECEIVES PUBLIC ASSISTANCE; PUBLIC 
125.25  AUTHORITY IS A PARTY.] The public authority is joined as a party 
125.26  and is a real party in interest if the obligee is receiving, or 
125.27  subsequently applies for, public assistance and rights are 
125.28  assigned under section 256.741, subdivision 2. 
125.29     Subd. 2.  [NO PUBLIC ASSISTANCE; APPLICATION FOR SERVICES.] 
125.30  If the obligee is not receiving public assistance, but has 
125.31  applied for child support collection services, the public 
125.32  authority has a pecuniary interest, as well as an interest in 
125.33  the welfare of a child.  The public authority may intervene as a 
125.34  matter of right in those cases to ensure that child support 
125.35  orders are obtained, enforced, and provide for an appropriate 
125.36  and accurate level of child, medical, and child care support.  
126.1   If the public authority participates in a case where the action 
126.2   taken by the public authority requires the use of an attorney's 
126.3   services, the public authority must be represented by an 
126.4   attorney consistent with the provisions in section 517C.37. 
126.5      Sec. 30.  [517C.37] [ROLE OF THE PUBLIC AUTHORITY.] 
126.6      Subdivision 1.  [PUBLIC AUTHORITY DOES NOT REPRESENT 
126.7   OBLIGOR OR OBLIGEE.] The provision of services under the child 
126.8   support enforcement program that includes services by an 
126.9   attorney or an attorney's representative employed by, under 
126.10  contract to, or representing the public authority does not 
126.11  create an attorney-client relationship with any party other than 
126.12  the public authority.  Attorneys employed by or under contract 
126.13  with the public authority have an affirmative duty to inform 
126.14  applicants and recipients of services under the child support 
126.15  enforcement program that no attorney-client relationship exists 
126.16  between the attorney and the applicant or recipient.  This 
126.17  section applies to all legal services provided by the child 
126.18  support enforcement program. 
126.19     Subd. 2.  [WRITTEN NOTICE.] The public authority must 
126.20  provide written notice to an applicant or recipient of services 
126.21  that: 
126.22     (1) no attorney-client relationship exists between the 
126.23  attorney and the applicant or recipient; 
126.24     (2) the rights of the individual as a subject of data are 
126.25  controlled by section 13.04, subdivision 2; and 
126.26     (3) the individual has a right to have an attorney 
126.27  represent the individual.  
126.28     Subd. 3.  [POWER TO REPRESENT OTHER PUBLIC 
126.29  AUTHORITIES.] The public authority may act on behalf of a public 
126.30  authority from another jurisdiction.  This includes the 
126.31  authority to represent the legal interests of, or execute 
126.32  documents on behalf of, the other public authority in connection 
126.33  with the establishment, enforcement, and collection of child 
126.34  support and collection on judgments. 
126.35     Sec. 31.  [517C.38] [SERVICE FEES.] 
126.36     Subdivision 1.  [OBLIGOR FEE.] When the public authority 
127.1   provides child support collection services either to a public 
127.2   assistance recipient or to a party who does not receive public 
127.3   assistance, the public authority may upon written notice to the 
127.4   obligor charge a monthly collection fee equivalent to the full 
127.5   monthly cost to the county of providing collection services, in 
127.6   addition to the amount of the child support ordered by the 
127.7   court.  The public authority must deposit the fee in the county 
127.8   general fund.  The service fee assessed is limited to ten 
127.9   percent of the monthly court-ordered child support and must not 
127.10  be assessed to obligors who are current in payment of the 
127.11  monthly court-ordered child support. 
127.12     Subd. 2.  [OBLIGEE FEE.] A $25 application fee must be paid 
127.13  by the person who applies for child support and maintenance 
127.14  collection services, except persons who are receiving public 
127.15  assistance as defined in section 256.741, persons who transfer 
127.16  from public assistance to nonpublic assistance status, and minor 
127.17  parents and parents enrolled in a public secondary school, area 
127.18  learning center, or alternative learning program approved by the 
127.19  commissioner of children, families, and learning. 
127.20     Subd. 3.  [TAX INTERCEPT FEES.] Fees assessed by state and 
127.21  federal tax agencies for collection of overdue support owed to 
127.22  or on behalf of a person not receiving public assistance must be 
127.23  imposed on the person for whom these services are provided.  The 
127.24  public authority upon written notice to the obligee must assess 
127.25  a fee of $25 to the person not receiving public assistance for 
127.26  each successful federal tax interception.  The public authority 
127.27  must withhold the fee before the release of the funds received 
127.28  from each interception and must deposit the fee in the general 
127.29  fund. 
127.30     Subd. 4.  [COMPLIANCE WITH FEDERAL LAW.] The limitations of 
127.31  this section on the assessment of fees do not apply to the 
127.32  extent they are inconsistent with the requirements of federal 
127.33  law for receiving funds for the programs under Title IV-A and 
127.34  Title IV-D of the Social Security Act, United States Code, title 
127.35  42, sections 601 to 613 and 651 to 662. 
127.36     Sec. 32.  [517C.39] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 
128.1   SUPPORT AND PARENTAGE ORDERS.] 
128.2      The public authority may use the provisions of sections 
128.3   517C.40 to 517C.44 when support rights are assigned under 
128.4   section 256.741, subdivision 2, or when the public authority is 
128.5   providing services under an application for child support 
128.6   collection services. 
128.7      Sec. 33.  [517C.40] [NONATTORNEY EMPLOYEE DUTIES.] 
128.8      Subdivision 1.  [DUTIES PERFORMED UNDER SUPERVISION OF 
128.9   COUNTY ATTORNEY.] (a) The county attorney must review and 
128.10  approve as to form and content all pleadings and other legal 
128.11  documents prepared by nonattorney employees of the public 
128.12  authority for use in the expedited child support process. 
128.13     (b) Under the direction of, and in consultation with, the 
128.14  county attorney, nonattorney employees of the public authority 
128.15  may perform the following legal duties: 
128.16     (1) meet and confer with parties by mail, telephone, 
128.17  electronic, or other means regarding legal issues; 
128.18     (2) explain to parties the purpose, procedure, and function 
128.19  of the expedited child support process and the role and 
128.20  authority of nonattorney employees of the public authority 
128.21  regarding legal issues; 
128.22     (3) prepare pleadings, including, but not limited to, 
128.23  summonses and complaints, notices, motions, subpoenas, orders to 
128.24  show cause, proposed orders, administrative orders, and 
128.25  stipulations and agreements; 
128.26     (4) issue administrative subpoenas; 
128.27     (5) prepare judicial notices; 
128.28     (6) negotiate settlement agreements; 
128.29     (7) attend and participate as a witness in hearings and 
128.30  other proceedings and, if requested by the child support 
128.31  magistrate, present evidence, agreements and stipulations of the 
128.32  parties, and any other information deemed appropriate by the 
128.33  magistrate; 
128.34     (8) participate in other activities and perform other 
128.35  duties delegated by the county attorney; and 
128.36     (9) exercise other powers and perform other duties as 
129.1   permitted by statute or court rule. 
129.2      Subd. 2.  [DUTIES PERFORMED WITHOUT DIRECTION FROM COUNTY 
129.3   ATTORNEY.] Nonattorney employees of the public authority may 
129.4   perform the following duties without direction from the county 
129.5   attorney: 
129.6      (1) gather information on behalf of the public authority; 
129.7      (2) prepare financial worksheets; 
129.8      (3) obtain income information from the department of 
129.9   economic security and other sources; 
129.10     (4) serve documents on parties; 
129.11     (5) file documents with the court; 
129.12     (6) meet and confer with parties by mail, telephone, 
129.13  electronic, or other means regarding nonlegal issues; 
129.14     (7) explain to parties the purpose, procedure, and function 
129.15  of the expedited child support process and the role and 
129.16  authority of nonattorney employees of the public authority 
129.17  regarding nonlegal issues; and 
129.18     (8) perform other routine nonlegal duties as assigned. 
129.19     Subd. 3.  [PRACTICE OF LAW.] Performance of the duties 
129.20  prescribed in subdivisions 1 and 2 by nonattorney employees of 
129.21  the public authority does not constitute the unauthorized 
129.22  practice of law for purposes of section 481.02. 
129.23     Sec. 34.  [517C.41] [PLEADINGS; CASE INFORMATION SHEET.] 
129.24     Subdivision 1.  [PLEADINGS.] In cases involving 
129.25  establishment or modification of a child support order, the 
129.26  initiating party must include the following information, if 
129.27  known, in the pleadings: 
129.28     (1) the parties' names, addresses, and dates of birth; 
129.29     (2) social security numbers of the parties and the parties' 
129.30  minor children.  This information is considered private 
129.31  information and is available only to the parties, the court, and 
129.32  the public authority; 
129.33     (3) number of members in each party's household and 
129.34  dependents of the parties; 
129.35     (4) the parties' other support obligations; 
129.36     (5) names and addresses of the parties' employers; 
130.1      (6) the parties' income as defined in section 517C.12; 
130.2      (7) amounts and sources of the parties' other earnings and 
130.3   income; 
130.4      (8) the parties' health insurance coverage; 
130.5      (9) types and amounts of public assistance the parties 
130.6   receive, including Minnesota family investment program, child 
130.7   care assistance, medical assistance, MinnesotaCare, title IV-E 
130.8   foster care, or other form of assistance as defined in section 
130.9   256.741, subdivision 1; and 
130.10     (10) any other information relevant to the determination of 
130.11  child support under this chapter. 
130.12     Subd. 2.  [CASE INFORMATION SHEET.] For all matters 
130.13  scheduled in the expedited process, the nonattorney employee of 
130.14  the public authority must file with the court and serve on the 
130.15  parties the following information: 
130.16     (1) income information available to the public authority 
130.17  from the department of economic security; 
130.18     (2) a statement of the monthly amount of child support, 
130.19  child care, medical support, and arrears currently being charged 
130.20  the parties in Minnesota IV-D cases; 
130.21     (3) a statement of the types and amount of any public 
130.22  assistance, as defined in section 256.741, subdivision 1, 
130.23  received by the parties; and 
130.24     (4) any other information relevant to determining support 
130.25  that is known to the public authority and that the parties have 
130.26  not otherwise provided. 
130.27     Subd. 3.  [FILING INFORMATION.] The public authority must 
130.28  file the case information with the district court or child 
130.29  support magistrate at least five days before a hearing involving 
130.30  child support, medical support, or child care reimbursement 
130.31  issues. 
130.32     Sec. 35.  [517C.42] [NONCONTESTED MATTERS.] 
130.33     Under the direction of the county attorney and based on 
130.34  agreement of the parties, nonattorney employees of the public 
130.35  authority may prepare a stipulation, findings of fact, 
130.36  conclusions of law, and proposed order.  The county attorney 
131.1   must approve and sign the documents as to form and content 
131.2   before the nonattorney employees submit the documents to the 
131.3   district court or child support magistrate for approval. 
131.4      Sec. 36.  [517C.43] [ADMINISTRATIVE AUTHORITY; PARENTAGE; 
131.5   SUPPORT.] 
131.6      Subdivision 1.  [POWERS.] The public authority may take the 
131.7   following actions relating to establishing paternity or to 
131.8   establishing, modifying, or enforcing support orders, without 
131.9   the necessity of obtaining an order from a judicial or 
131.10  administrative tribunal: 
131.11     (1) recognize and enforce orders of child support agencies 
131.12  of other states; 
131.13     (2) upon request for genetic testing by a child, parent, or 
131.14  an alleged parent, and using the procedure in subdivision 2, 
131.15  order the child, parent, or alleged parent to submit to blood or 
131.16  genetic testing for the purpose of establishing paternity; 
131.17     (3) subpoena financial or other information needed to 
131.18  establish, modify, or enforce a child support order and sanction 
131.19  a party for failure to respond to a subpoena; 
131.20     (4) upon notice to the obligor, obligee, and the 
131.21  appropriate court, direct the obligor or other payor to change 
131.22  the payee to the central collections unit under section 517C.50; 
131.23     (5) order income withholding of child support under section 
131.24  517C.52 and sanction an employer or payor of funds under section 
131.25  393.07, subdivision 9a, for failing to comply with an income 
131.26  withholding notice; 
131.27     (6) secure assets to satisfy a support debt or arrears by: 
131.28     (i) intercepting or seizing periodic or lump-sum payments 
131.29  from state or local agencies, including unemployment insurance 
131.30  benefits, workers' compensation payments, judgments, 
131.31  settlements, lotteries, and other lump-sum payments; 
131.32     (ii) attaching and seizing the obligor's assets held in 
131.33  financial institutions or public or private retirement funds; 
131.34  and 
131.35     (iii) imposing liens in accordance with section 548.091, 
131.36  and, in appropriate cases, forcing the sale of property and the 
132.1   distribution of proceeds; 
132.2      (7) for the purpose of securing overdue support, increase 
132.3   the amount of the monthly support payments by an additional 
132.4   amount equal to 20 percent of the monthly support payment to 
132.5   include amounts for debts or arrears; and 
132.6      (8) subpoena an employer or payor of funds to provide 
132.7   promptly information on the employment, compensation, and 
132.8   benefits of an individual employed by that employer as an 
132.9   employee or contractor, and sanction an employer or payor of 
132.10  funds under section 393.07, subdivision 9a, for failure to 
132.11  respond to the subpoena as provided by law. 
132.12     Subd. 2.  [GENETIC TESTING.] (a) A child, parent, or 
132.13  alleged parent who requests genetic testing must support the 
132.14  request with a sworn statement that: 
132.15     (1) alleges paternity and sets forth facts establishing a 
132.16  reasonable possibility of the requisite sexual contact between 
132.17  the parties; or 
132.18     (2) denies paternity and sets forth facts establishing a 
132.19  reasonable possibility of the nonexistence of sexual contact 
132.20  between the alleged parties. 
132.21     (b) The order for genetic tests may be served anywhere 
132.22  within the state and served outside the state in the same manner 
132.23  as prescribed by law for service of subpoenas issued by the 
132.24  district court of this state. 
132.25     (c) If the child, parent, or alleged parent fails to comply 
132.26  with the genetic testing order, the public authority may seek to 
132.27  enforce that order in district court through a motion to compel 
132.28  testing. 
132.29     (d) No results obtained through genetic testing done in 
132.30  response to an order issued under this section may be used in a 
132.31  criminal proceeding. 
132.32     Subd. 3.  [SUBPOENAS.] (a) Subpoenas may be served anywhere 
132.33  within the state and served outside the state in the same manner 
132.34  as prescribed by law for service of process of subpoenas issued 
132.35  by the district court of this state.  When a subpoena under this 
132.36  subdivision is served on a third-party record keeper, written 
133.1   notice of the subpoena must be mailed to the person who is the 
133.2   subject of the subpoenaed material at the person's last known 
133.3   address within three days of the day the subpoena is served.  
133.4   This notice provision does not apply if there is reasonable 
133.5   cause to believe the giving of the notice may lead to 
133.6   interference with the production of the subpoenaed documents.  
133.7      (b) A person served with a subpoena may make a written 
133.8   objection to the public authority or court before the time 
133.9   specified in the subpoena for compliance.  The public authority 
133.10  or the court may cancel or modify the subpoena, if appropriate.  
133.11  The public authority must pay the reasonable costs of producing 
133.12  the documents, if requested.  
133.13     (c) Subpoenas are enforceable in the same manner as 
133.14  subpoenas of the district court.  Upon motion of the county 
133.15  attorney, the court may issue an order directing the production 
133.16  of the records.  A person who fails to comply with the court 
133.17  order may be subject to civil or criminal contempt of court.  
133.18     Subd. 4.  [DUE PROCESS.] The administrative actions under 
133.19  this section are subject to due process safeguards, including 
133.20  requirements for notice, opportunity to contest the action, and 
133.21  opportunity to appeal the order to a judge, judicial officer, or 
133.22  child support magistrate. 
133.23     Sec. 37.  [517C.44] [SHARING OF INFORMATION; DATA.] 
133.24     Subdivision 1.  [GENERAL.] The public authority may share 
133.25  available and relevant information on the parties in order to 
133.26  perform its duties under sections 517C.40 to 517C.43 or under 
133.27  supreme court rules governing the expedited child support 
133.28  hearing process under section 484.702, subject to the 
133.29  limitations of subdivision 3, section 256.87, subdivision 8, and 
133.30  section 257.70. 
133.31     Subd. 2.  [DATA DISCLOSED TO AN ATTORNEY OF THE PUBLIC 
133.32  AUTHORITY.] (a) Data disclosed by an applicant for, or recipient 
133.33  of, child support services to an attorney employed by, or under 
133.34  contract with, the public authority is private data on an 
133.35  individual.  However, the data may be disclosed under sections 
133.36  13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and 
134.1   517C.11, subdivision 3, in order to obtain, modify, or enforce 
134.2   child support, medical support, and parentage determinations. 
134.3      (b) An attorney employed by, or under contract with, the 
134.4   public authority may disclose additional information received 
134.5   from an applicant for, or recipient of, services for other 
134.6   purposes with the consent of the individual applicant for, or 
134.7   recipient of, child support services. 
134.8      Subd. 3.  [PROHIBITED DISCLOSURE.] In all proceedings under 
134.9   this chapter and chapter 517A in which public assistance is 
134.10  assigned under section 256.741, or the public authority provides 
134.11  services to a party or parties to the proceedings, 
134.12  notwithstanding statutory or other authorization for the public 
134.13  authority to release private data on the location of a party to 
134.14  the action, the public authority may not release information on 
134.15  the location of one party to the other party if: 
134.16     (1) the public authority has knowledge that a protective 
134.17  order with respect to the other party has been entered; or 
134.18     (2) the public authority has reason to believe that the 
134.19  release of the information may result in physical or emotional 
134.20  harm to the other party. 
134.21     Sec. 38.  [517C.45] [SUFFICIENCY OF NOTICE.] 
134.22     Automated child support notices sent by the public 
134.23  authority which do not require service are sufficient notice 
134.24  when issued and mailed by first class mail to the person's last 
134.25  known address. 
134.26     Sec. 39.  [517C.50] [CHILD SUPPORT PAYMENT CENTER; CENTRAL 
134.27  COLLECTIONS UNIT.] 
134.28     Subdivision 1.  [CREATION.] (a) The commissioner of human 
134.29  services must create and maintain a central collections unit to 
134.30  receive, process, and disburse payments, and to maintain a 
134.31  record of payments in all cases when: 
134.32     (1) the public authority is a party; 
134.33     (2) the public authority provides child support enforcement 
134.34  services to a party; or 
134.35     (3) payment is collected through income withholding. 
134.36     (b) The commissioner may contract for services to carry out 
135.1   these provisions if the commissioner first meets and negotiates 
135.2   with the affected exclusive representatives. 
135.3      Subd. 2.  [CREDITOR COLLECTIONS.] The central collections 
135.4   unit under this section is not a third party under chapters 550, 
135.5   552, and 571 for purposes of creditor collection efforts against 
135.6   child support and maintenance order obligors or obligees, and is 
135.7   not subject to creditor levy, attachment, or garnishment. 
135.8      Subd. 3.  [CREDIT FOR PAYMENT.] Payments made to the public 
135.9   authority that are not collected through income withholding must 
135.10  be credited as of the date the payment is received by the 
135.11  central collections unit. 
135.12     Sec. 40.  [517C.51] [MANDATORY PAYMENT OF OBLIGATIONS TO 
135.13  CENTRAL COLLECTIONS UNIT.] 
135.14     Subdivision 1.  [GENERAL.] All payments described in 
135.15  section 517C.50 must be made to the central collections unit. 
135.16     Subd. 2.  [LOCAL PAYMENT; TRANSMITTAL.] Each local child 
135.17  support agency must provide a location within the agency to 
135.18  receive payments.  When the local agency receives a payment it 
135.19  must transmit the funds to the central collections unit within 
135.20  one working day of receipt of the payment. 
135.21     Subd. 3.  [INCENTIVES.] Notwithstanding a rule to the 
135.22  contrary, incentives must be paid to the county providing 
135.23  services and maintaining the case to which the payment is 
135.24  applied.  Incentive payments awarded for the collection of child 
135.25  support must be based solely upon payments processed by the 
135.26  central collections unit.  Incentive payments received by the 
135.27  county under this subdivision must be used for county child 
135.28  support collection efforts. 
135.29     Subd. 4.  [ELECTRONIC FUNDS TRANSFER.] The central 
135.30  collections unit is authorized to engage in the electronic 
135.31  transfer of funds for the receipt and disbursement of funds. 
135.32     Subd. 5.  [REQUIRED CONTENT OF ORDER.] A tribunal issuing 
135.33  an order that establishes or modifies a payment must issue an 
135.34  income withholding order in conformity with section 517C.52.  
135.35  The automatic income withholding order must include the 
135.36  obligor's name, the obligor's social security number, the 
136.1   obligor's date of birth, and the name and address of the 
136.2   obligor's employer.  The street mailing address and the 
136.3   electronic mail address for the central collections unit must be 
136.4   included in each automatic income withholding order issued by a 
136.5   tribunal. 
136.6      Subd. 6.  [TRANSMITTAL OF ORDER TO THE PUBLIC AUTHORITY BY 
136.7   THE TRIBUNAL.] The tribunal must transmit a copy of the order 
136.8   establishing or modifying the payment, and a copy of the 
136.9   automatic income withholding order, to the local child support 
136.10  agency within two working days of the approval of the order by 
136.11  the judge or child support magistrate or other person or entity 
136.12  authorized to sign the automatic withholding order. 
136.13     Subd. 7.  [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 
136.14  OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 
136.15  payor of funds must identify the obligor on the check or 
136.16  remittance by name, payor number, and social security number, 
136.17  and must comply with section 517C.52. 
136.18     Subd. 8.  [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 
136.19  FUNDS.] A notice may be directed to a person or entity 
136.20  submitting a check drawn on insufficient funds stating that 
136.21  future payments must be made by cash or certified funds.  The 
136.22  central collections unit and the public authority may refuse a 
136.23  check from a person or entity that has been given notice that 
136.24  payments must be in cash or certified funds. 
136.25     Subd. 9.  [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 
136.26  record of payments maintained by the central collections unit is 
136.27  admissible evidence in all tribunals as proof of payments made 
136.28  through the central collections unit without the need of 
136.29  testimony to prove authenticity. 
136.30     Subd. 10.  [TRANSITION PROVISIONS.] (a) The commissioner of 
136.31  human services must develop a plan for the implementation of the 
136.32  central collections unit.  The plan must require that payments 
136.33  be redirected to the central collections unit.  Payments may be 
136.34  redirected in groups according to county of origin, county of 
136.35  payment, method of payment, type of case, or any other 
136.36  distinguishing factor designated by the commissioner. 
137.1      (b) Notice that payments must be made to the central 
137.2   collections unit must be provided to the obligor and to the 
137.3   payor of funds within 30 days before payments are redirected to 
137.4   the central collections unit.  After the notice has been 
137.5   provided to the obligor or payor of funds, mailed payments 
137.6   received by the local child support agency must be forwarded to 
137.7   the central collections unit.  A notice must be sent to the 
137.8   obligor or payor of funds stating that payment application may 
137.9   be delayed and must provide directions to submit future payments 
137.10  to the central collections unit. 
137.11     Subd. 11.  [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 
137.12  commissioner of human services may establish a revolving account 
137.13  to cover funds issued in error due to insufficient funds or 
137.14  other reasons.  The commissioner must deposit appropriations for 
137.15  this purpose and all recoupments against payments from the 
137.16  account in the collections unit's recoupment account.  The 
137.17  recoupments are appropriated to the commissioner.  An unexpended 
137.18  balance in the account does not cancel, but is available until 
137.19  expended. 
137.20     Subd. 12.  [UNCLAIMED SUPPORT FUNDS.] (a) If the public 
137.21  authority cannot disburse support payments to an obligee because 
137.22  the obligee cannot be located, the public authority must 
137.23  continue its efforts to locate the obligee for one year from the 
137.24  date it determines that it cannot locate the obligee. 
137.25     (b) If the public authority is unable to locate the obligee 
137.26  after one year, the public authority must mail a written notice 
137.27  to the obligee at the obligee's last known address giving the 
137.28  obligee 60 days to contact the public authority. 
137.29     (c) If the obligee does not contact the public authority 
137.30  within 60 days from the date of notice, the public authority 
137.31  must: 
137.32     (1) close the nonpublic assistance portion of the case; 
137.33     (2) disburse unclaimed support funds to pay public 
137.34  assistance arrears.  If public assistance arrears remain after 
137.35  disbursing the unclaimed support funds, the public authority may 
137.36  continue to enforce and collect child support until all public 
138.1   assistance arrears have been paid.  If there are not public 
138.2   assistance arrears, or unclaimed support funds remain after the 
138.3   public assistance arrears have been paid, the public authority 
138.4   must return the remaining unclaimed support funds to the 
138.5   obligor; and 
138.6      (3) when all public assistance arrears have been paid to 
138.7   the public authority, mail a written notice of termination of 
138.8   income withholding and case closure to the obligor at the 
138.9   obligor's last known address.  The notice must indicate that the 
138.10  obligor's support obligation will remain in effect until further 
138.11  order of the court and that the obligor may contact the public 
138.12  authority for assistance to modify the order.  The public 
138.13  authority must include a copy of the form prepared by the state 
138.14  court administrator's office under section 517C.25, subdivision 
138.15  4, with the notice.  
138.16     (d) If the public authority cannot locate the obligor to 
138.17  return unclaimed support funds, the public authority must 
138.18  continue its efforts to locate the obligor for one year from the 
138.19  date the public authority determines that the obligor cannot be 
138.20  located.  If the public authority is unable to locate the 
138.21  obligor after one year, the public authority must treat the 
138.22  funds as unclaimed property according to federal law and chapter 
138.23  345. 
138.24     Sec. 41.  [517C.52] [INCOME WITHHOLDING; GENERAL.] 
138.25     Subdivision 1.  [APPLICATION.] Sections 517C.52 to 517C.62 
138.26  apply to all support orders issued by a court or an 
138.27  administrative tribunal and orders for or notices of withholding 
138.28  issued by the public authority according to section 517C.43, 
138.29  subdivision 1, clause (5). 
138.30     Subd. 2.  [ORDER.] (a) Every support order must address 
138.31  income withholding.  Whenever a support order is initially 
138.32  entered or modified, the full amount of the support order must 
138.33  be withheld from the income of the obligor and forwarded to the 
138.34  public authority.  Sections 517C.51 to 517C.62 apply regardless 
138.35  of the source of income of the person obligated to pay the child 
138.36  support. 
139.1      (b) Every order for child support must provide for a 
139.2   conspicuous notice of the provisions in this section that 
139.3   complies with section 517C.99, subdivision 3.  An order without 
139.4   this notice remains subject to this section. 
139.5      (c) A payor of funds must implement income withholding 
139.6   according to sections 517C.51 to 517C.62 upon receipt of an 
139.7   order for or notice of withholding.  The notice of withholding 
139.8   must be on a form provided by the commissioner of human services.
139.9      Subd. 3.  [NOTICE; INCOME WITHHOLDING AND COLLECTION 
139.10  SERVICES.] (a) The commissioner of human services must prepare 
139.11  and make available to the courts a notice of services that 
139.12  explains child support and maintenance collection services 
139.13  available through the public authority, including income 
139.14  withholding.  Upon receiving a petition for dissolution of 
139.15  marriage or legal separation, the court administrator must 
139.16  promptly send the notice of services to the petitioner and 
139.17  respondent at the addresses stated in the petition. 
139.18     (b) Upon receipt of a support order requiring income 
139.19  withholding, a petitioner or respondent, who is not a recipient 
139.20  of public assistance and does not receive child support 
139.21  collection services from the public authority, must apply to the 
139.22  public authority for either full child support collection 
139.23  services or for services only to withhold income. 
139.24     (c) For those persons applying for services only to 
139.25  withhold income, the public authority must charge a monthly 
139.26  service fee of $15 to the obligor.  This fee is in addition to 
139.27  the amount of the support order and must be withheld through 
139.28  income withholding.  The public authority must explain the 
139.29  service options in this section to the affected parties and 
139.30  encourage the application for full child support collection 
139.31  services. 
139.32     Subd. 4.  [CONTRACT FOR SERVICE.] To carry out income 
139.33  withholding, the public authority may contract for services, 
139.34  including the use of electronic funds transfer. 
139.35     Subd. 5.  [ELECTRONIC TRANSMISSION.] Orders or notices for 
139.36  income withholding may be transmitted for enforcement purposes 
140.1   by electronic means. 
140.2      Subd. 6.  [TIMING OF AUTOMATED ENFORCEMENT REMEDIES.] The 
140.3   public authority must make reasonable efforts to ensure that 
140.4   automated enforcement remedies take into consideration the time 
140.5   periods allowed under sections 517C.51 to 517C.62. 
140.6      Sec. 42.  [517C.53] [WAIVER OF INCOME WITHHOLDING.] 
140.7      (a) If child support is not assigned to the public 
140.8   authority under section 256.741, the court may waive income 
140.9   withholding requirements if it finds there are no arrears as of 
140.10  the date of the hearing and: 
140.11     (1) one party demonstrates and the court finds there is 
140.12  good cause to waive the requirements of sections 517C.51 to 
140.13  517C.62 or to terminate an order for or notice of income 
140.14  withholding previously entered; or 
140.15     (2) all parties reach an agreement and the agreement is 
140.16  approved by the court after a finding that the agreement is 
140.17  likely to result in regular and timely payments.  The court's 
140.18  findings waiving the requirements of this paragraph must include 
140.19  a written explanation of the reasons why income withholding 
140.20  would not be in the child's best interests. 
140.21     (b) In addition to the other requirements in this section, 
140.22  if the case involves a modification of support, the court must 
140.23  make a finding that support has been timely made. 
140.24     (c) If the court waives income withholding, the obligee or 
140.25  obligor may at any time request subsequent income withholding 
140.26  under section 517C.59. 
140.27     Sec. 43.  [517C.54] [PAYOR OF FUNDS RESPONSIBILITIES.] 
140.28     Subdivision 1.  [ACTIVATION.] An order for or notice of 
140.29  withholding is binding on a payor of funds upon receipt.  
140.30  Withholding must begin no later than the first pay period that 
140.31  occurs after 14 days following the date of receipt of the order 
140.32  for or notice of withholding.  In the case of a financial 
140.33  institution, preauthorized transfers must occur in accordance 
140.34  with a court-ordered payment schedule. 
140.35     Subd. 2.  [PROCEDURE.] A payor of funds must withhold from 
140.36  the income payable to the obligor the amount specified in the 
141.1   order or notice of withholding and amounts specified under 
141.2   sections 517C.58 and 517C.63 and must remit the amounts withheld 
141.3   to the public authority within seven business days of the date 
141.4   the obligor is paid the remainder of the income.  The payor of 
141.5   funds must include with the remittance the obligor's social 
141.6   security number, the case type indicator as provided by the 
141.7   public authority, and the date the obligor is paid the remainder 
141.8   of the income.  The obligor is considered to have paid the 
141.9   amount withheld as of the date the obligor received the 
141.10  remainder of the income.  A payor of funds may combine all 
141.11  amounts withheld from one pay period into one payment to each 
141.12  public authority, but must separately identify each obligor 
141.13  making payment. 
141.14     Subd. 3.  [RETALIATION PROHIBITED.] A payor of funds must 
141.15  not discharge, or refuse to hire, or otherwise discipline an 
141.16  employee as a result of wage or salary withholding authorized by 
141.17  this chapter. 
141.18     Subd. 4.  [UPDATED ORDERS.] If more than one order for or 
141.19  notice of withholding exists involving the same obligor and 
141.20  child, the public authority must enforce the most recent order 
141.21  or notice.  An order for or notice of withholding that was 
141.22  previously implemented according to this chapter ends as of the 
141.23  date of the most recent order.  The public authority must notify 
141.24  the payor of funds to withhold under the most recent withholding 
141.25  order or notice. 
141.26     Subd. 5.  [NOTIFICATION OF TERMINATION.] When an order for 
141.27  or notice of withholding is in effect and the obligor's 
141.28  employment is terminated, the obligor and the payor of funds 
141.29  must notify the public authority of the termination within ten 
141.30  days of the termination date.  The termination notice must 
141.31  include the obligor's home address and the name and address of 
141.32  the obligor's new payor of funds, if known. 
141.33     Subd. 6.  [EXPENSES.] A payor of funds may deduct $1 from 
141.34  the obligor's remaining salary for each payment made pursuant to 
141.35  an order for or notice of withholding under this chapter to 
141.36  cover the expenses of withholding. 
142.1      Sec. 44.  [517C.55] [LUMP-SUM PAYMENTS.] 
142.2      Subdivision 1.  [APPLICATION.] (a) This section applies to 
142.3   lump-sum payments of $500 or more including, but not limited to, 
142.4   severance pay, accumulated sick pay, vacation pay, bonuses, 
142.5   commissions, or other pay or benefits. 
142.6      (b) The Consumer Credit Protection Act, United States Code, 
142.7   title 15, section 1673(b), does not apply to lump-sum payments. 
142.8      Subd. 2.  [PAYOR OF FUNDS RESPONSIBILITIES.] Before 
142.9   transmitting a lump-sum payment to an obligor, a payor of funds 
142.10  who has been served with an order for or notice of income 
142.11  withholding under this chapter or a sworn affidavit of arrears 
142.12  from the public authority must: 
142.13     (1) notify the public authority of the lump-sum payment 
142.14  that is to be paid to the obligor; and 
142.15     (2) hold the lump-sum payment for 30 days after the date 
142.16  the lump-sum payment would otherwise have been paid to the 
142.17  obligor, notwithstanding sections 176.221, 176.225, 176.521, 
142.18  181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota 
142.19  Rules, part 1415.2000, subpart 10. 
142.20     Subd. 3.  [PUBLIC AUTHORITY OPTIONS.] (a) The public 
142.21  authority may direct the payor of funds to pay the lump-sum 
142.22  payment, up to the amount of judgments or arrears, to the public 
142.23  authority if: 
142.24     (1) the public authority serves by mail a sworn affidavit 
142.25  of arrears from the public authority or a court order upon the 
142.26  payor of funds; 
142.27     (2) a judgment entered pursuant to section 548.09 or 
142.28  548.091, subdivision 1a, exists against the obligor, or other 
142.29  support arrears exist; and 
142.30     (3) a portion of the judgment or arrears remains unpaid. 
142.31     (b) If no judgment or arrears exist, the public authority 
142.32  may seek a court order directing the payor of funds to transmit 
142.33  all or a portion of the lump-sum payment to the public authority 
142.34  for future support.  To obtain a court order under this 
142.35  paragraph, the public authority must show an obligor's past 
142.36  willful nonpayment of support. 
143.1      Sec. 45.  [517C.56] [PAYOR OF FUNDS LIABILITY.] 
143.2      Subdivision 1.  [LIABILITY TO OBLIGEE.] A payor of funds is 
143.3   liable to the obligee for amounts required to be withheld.  A 
143.4   payor of funds that fails to withhold or transfer funds in 
143.5   accordance with this chapter is liable to the obligee for 
143.6   interest on the funds at the rate applicable to judgments under 
143.7   section 549.09, computed from the date the funds were required 
143.8   to be withheld or transferred.  A payor of funds is liable for 
143.9   reasonable attorney fees of the obligee or public authority 
143.10  incurred in enforcing the liability under this paragraph.  A 
143.11  payor of funds that has failed to comply with the requirements 
143.12  of sections 517C.51 to 517C.62 is subject to contempt sanctions 
143.13  under section 517C.57.  If the payor of funds is an employer or 
143.14  independent contractor and violates this subdivision, a court 
143.15  may award the obligor twice the wages lost as a result of this 
143.16  violation.  If a court finds a payor of funds violated this 
143.17  subdivision, the court must impose a civil fine of not less than 
143.18  $500.  The liabilities under this subdivision apply to 
143.19  intentional noncompliance by a payor of funds with the 
143.20  requirements of sections 517C.51 to 517C.62. 
143.21     Subd. 2.  [NONLIABILITY FOR COMPLIANCE.] A payor of funds 
143.22  is not subject to civil liability to any individual or agency 
143.23  for taking action in compliance with an income withholding order 
143.24  or notice of withholding that appears regular on its face 
143.25  according to this chapter or chapter 518C. 
143.26     Sec. 46.  [517C.57] [EMPLOYER CONTEMPT.] 
143.27     Subdivision 1.  [ORDERS BINDING.] Notices or orders for 
143.28  income withholding or medical support issued pursuant to this 
143.29  chapter are binding on the employer, trustee, or other payor of 
143.30  funds after the order or notice has been transmitted to the 
143.31  employer, trustee, or payor of funds. 
143.32     Subd. 2.  [CONTEMPT ACTION.] (a) An obligee or the public 
143.33  authority may initiate a contempt action against an employer, 
143.34  trustee, or payor of funds, within the action that created the 
143.35  support obligation, by serving an order to show cause upon the 
143.36  employer, trustee, or payor of funds. 
144.1      (b) The employer, trustee, or payor of funds is presumed to 
144.2   be in contempt: 
144.3      (1) if the employer, trustee, or payor of funds has 
144.4   intentionally failed to withhold support after receiving the 
144.5   order or notice for income withholding or notice of enforcement 
144.6   of medical support; or 
144.7      (2) upon presentation of pay stubs or similar documentation 
144.8   showing that the employer, trustee, or payor of funds withheld 
144.9   support and demonstrating that the employer, trustee, or payor 
144.10  of funds intentionally failed to remit support to the public 
144.11  authority. 
144.12     Subd. 3.  [LIABILITY; SANCTIONS.] The employer, trustee, or 
144.13  payor of funds is liable to the obligee or the public authority 
144.14  for amounts required to be withheld that were not paid.  The 
144.15  court may enter judgment against the employer, trustee, or payor 
144.16  of funds for support not withheld or remitted.  An employer, 
144.17  trustee, or payor of funds found guilty of contempt must be 
144.18  punished by a fine of not more than $250 as provided in chapter 
144.19  588.  The court may also impose other contempt sanctions 
144.20  authorized under chapter 588. 
144.21     Sec. 47.  [517C.58] [PRIORITY OF INCOME WITHHOLDING ORDERS; 
144.22  MAXIMUM WITHHOLDING.] 
144.23     Subdivision 1.  [PRIORITY.] An order for or notice of 
144.24  withholding under this chapter or execution or garnishment upon 
144.25  a judgment for child support arrears or preadjudicated expenses 
144.26  has priority over an attachment, execution, garnishment, or wage 
144.27  assignment and is not subject to the statutory limitations on 
144.28  amounts levied against the income of the obligor.  Amounts 
144.29  withheld from an employee's income must not exceed the maximum 
144.30  permitted under the Consumer Credit Protection Act, United 
144.31  States Code, title 15, section 1673(b). 
144.32     Subd. 2.  [MULTIPLE ORDERS.] If a single employee is 
144.33  subject to multiple withholding orders or multiple notices of 
144.34  withholding for the support of more than one child, the payor of 
144.35  funds must comply with all of the orders or notices to the 
144.36  extent that the total amount withheld from the obligor's income 
145.1   does not exceed the limits imposed under the Consumer Credit 
145.2   Protection Act, United States Code, title 15, section 1673(b), 
145.3   giving priority to amounts designated in each order or notice as 
145.4   current support as follows: 
145.5      (1) if the total of the amounts designated in the orders 
145.6   for or notices of withholding as current support exceeds the 
145.7   amount available for income withholding, the payor of funds must 
145.8   allocate to each order or notice an amount for current support 
145.9   equal to the amount designated in that order or notice as 
145.10  current support, divided by the total of the amounts designated 
145.11  in the orders or notices as current support, multiplied by the 
145.12  amount of the income available for income withholding; and 
145.13     (2) if the total of the amounts designated in the orders 
145.14  for or notices of withholding as current support does not exceed 
145.15  the amount available for income withholding, the payor of funds 
145.16  must pay the amounts designated as current support, and must 
145.17  allocate to each order or notice an amount for past due support, 
145.18  equal to the amount designated in that order or notice as past 
145.19  due support, divided by the total of the amounts designated in 
145.20  the orders or notices as past due support, multiplied by the 
145.21  amount of income remaining available for income withholding 
145.22  after the payment of current support. 
145.23     Sec. 48.  [517C.59] [SUBSEQUENT INCOME WITHHOLDING.] 
145.24     Subdivision 1.  [APPLICATION.] This section applies to 
145.25  support orders that do not contain provisions for income 
145.26  withholding. 
145.27     Subd. 2.  [PUBLIC AUTHORITY PROVIDES CHILD SUPPORT 
145.28  ENFORCEMENT SERVICES.] If the public authority provides child 
145.29  support enforcement services to the parties, income withholding 
145.30  under this section takes effect without prior judicial notice to 
145.31  the obligor and without the need for judicial or administrative 
145.32  hearing.  Withholding must be initiated when: 
145.33     (1) the obligor requests it in writing to the public 
145.34  authority; 
145.35     (2) the obligee or obligor serves on the public authority a 
145.36  copy of the notice of income withholding, a copy of the court's 
146.1   order, an application, and the fee to use the public authority's 
146.2   collection services; or 
146.3      (3) the public authority commences withholding under 
146.4   section 517C.43. 
146.5      Subd. 3.  [PUBLIC AUTHORITY DOES NOT PROVIDE CHILD SUPPORT 
146.6   ENFORCEMENT SERVICES.] If the public authority does not provide 
146.7   child support enforcement services to the parties, income 
146.8   withholding under this section must be initiated when an obligee 
146.9   requests it by making a written motion to the court and the 
146.10  court finds that previous support has not been paid on a timely 
146.11  consistent basis or that the obligor has threatened expressly or 
146.12  otherwise to stop or reduce payments. 
146.13     Subd. 4.  [NOTICE.] Within two days after the public 
146.14  authority commences withholding under this section, the public 
146.15  authority must send to the obligor at the obligor's last known 
146.16  address, notice that withholding has commenced.  The notice must 
146.17  include the information provided to the payor of funds in the 
146.18  notice of withholding. 
146.19     Subd. 5.  [CONTEST.] (a) The obligor may contest 
146.20  withholding under this section on the limited grounds that the 
146.21  withholding or the amount withheld is improper due to mistake of 
146.22  fact.  An obligor who chooses to contest the withholding must do 
146.23  so no later than 15 days after the employer commences 
146.24  withholding, by bringing a proper motion under section 484.702 
146.25  and the expedited child support process rules. 
146.26     (b) The income withholding must remain in place while the 
146.27  obligor contests the withholding. 
146.28     (c) If the court finds a mistake in the amount of the 
146.29  arrears to be withheld, the court must continue the income 
146.30  withholding, but it must correct the amount of the arrears to be 
146.31  withheld. 
146.32     Sec. 49.  [517C.60] [INCOME WITHHOLDING; ARREARS ORDER.] 
146.33     (a) In addition to ordering income withholding for current 
146.34  support the court may order the payor of funds to withhold 
146.35  amounts to satisfy the obligor's previous arrears in support 
146.36  order payments.  Use of this remedy does not exclude the use of 
147.1   other remedies to enforce judgments.  The employer or payor of 
147.2   funds must withhold from the obligor's income an additional 
147.3   amount equal to 20 percent of the monthly child support 
147.4   obligation until the arrears are paid. 
147.5      (b) Notwithstanding any law to the contrary, funds from 
147.6   income sources included in section 517C.12, subdivision 1, 
147.7   whether periodic or lump-sum, are not exempt from attachment or 
147.8   execution upon a judgment for child support arrears. 
147.9      (c) Absent an order to the contrary, if arrears exist at 
147.10  the time a support order would otherwise terminate, income 
147.11  withholding continues in effect or may be implemented in an 
147.12  amount equal to the support order plus an additional 20 percent 
147.13  of the monthly child support obligation, until all arrears have 
147.14  been paid in full. 
147.15     Sec. 50.  [517C.61] [INTERSTATE INCOME WITHHOLDING.] 
147.16     (a) Upon receipt of an order for support entered in another 
147.17  state and the specified documentation from an authorized agency, 
147.18  the public authority must implement income withholding.  A payor 
147.19  of funds in this state must withhold income under court orders 
147.20  for withholding issued by other states or territories. 
147.21     (b) An employer receiving an income withholding notice from 
147.22  another state must withhold and distribute the funds as directed 
147.23  in the withholding notice and must apply the law of the 
147.24  obligor's principal place of employment when determining: 
147.25     (1) the employer's fee for processing an income withholding 
147.26  notice; 
147.27     (2) the maximum amount permitted to be withheld from the 
147.28  obligor's income; and 
147.29     (3) deadlines for implementing and forwarding the child 
147.30  support payment. 
147.31     (c) An obligor may contest withholding under this section 
147.32  pursuant to section 518C.506. 
147.33     Sec. 51.  [517C.62] [ORDER TERMINATING INCOME WITHHOLDING.] 
147.34     Subdivision 1.  [GENERAL PROCEDURE.] (a) An order 
147.35  terminating income withholding must specify the effective date 
147.36  of the order and reference the initial order or decree that 
148.1   establishes the support obligation.  A court must enter an order 
148.2   terminating income withholding if: 
148.3      (1) the obligor serves written notice of the application 
148.4   for termination of income withholding by mail upon the obligee 
148.5   at the obligee's last known mailing address, and serves a 
148.6   duplicate copy of the application on the public authority; 
148.7      (2) the application for termination of income withholding 
148.8   specifies the event that terminates the support obligation, the 
148.9   effective date of the termination of the support obligation, and 
148.10  the applicable provisions of the order or decree that 
148.11  established the support obligation; and 
148.12     (3) the application includes the complete name of the 
148.13  obligor's payor of funds, the business mailing address, the 
148.14  court action and court file number, and the support and 
148.15  collections file number, if known. 
148.16     (b) The obligee or the public authority may request a 
148.17  contested hearing on the issue of whether income withholding 
148.18  should continue.  The request must be made within 20 days of 
148.19  receiving an application for termination of income withholding.  
148.20  The request must clearly specify the basis for continuing income 
148.21  withholding.  The obligee or public authority may make an ex 
148.22  parte motion to stay the service of an order terminating income 
148.23  withholding upon the obligor's payor of funds pending the 
148.24  outcome of the contested hearing. 
148.25     Subd. 2.  [TERMINATION BY THE PUBLIC AUTHORITY.] (a) If the 
148.26  public authority determines that income withholding is no longer 
148.27  applicable, the public authority must notify the obligee and the 
148.28  obligor of intent to terminate income withholding. 
148.29     (b) Five days after notification to the obligee and 
148.30  obligor, the public authority must issue a notice to the payor 
148.31  of funds terminating income withholding.  A court order is not 
148.32  required unless the obligee has requested an expedited child 
148.33  support hearing under section 484.702. 
148.34     Sec. 52.  [517C.63] [CHILD SUPPORT DEPOSIT ACCOUNT; 
148.35  FINANCIAL INSTITUTIONS.] 
148.36     Subdivision 1.  [APPLICATION.] If income withholding is 
149.1   ineffective due to the obligor's method of obtaining income, the 
149.2   court must order the obligor to identify a child support deposit 
149.3   account owned solely by the obligor, or to establish an account, 
149.4   in a financial institution located in this state for the purpose 
149.5   of depositing court-ordered child support payments.  The court 
149.6   must order the obligor to execute an agreement with the 
149.7   appropriate public authority for preauthorized transfers from 
149.8   the obligor's child support account payable to an account of the 
149.9   public authority.  The court must order the obligor to disclose 
149.10  to the court all deposit accounts owned by the obligor in whole 
149.11  or in part in any financial institution.  The court may order 
149.12  the obligor to disclose to the court the opening or closing of 
149.13  any deposit account owned in whole or in part by the obligor 
149.14  within 30 days of the opening or closing.  The court may order 
149.15  the obligor to execute an agreement with the appropriate public 
149.16  authority for preauthorized transfers from any deposit account 
149.17  owned in whole or in part by the obligor to the obligor's child 
149.18  support deposit account if necessary to satisfy court-ordered 
149.19  child support payments.  The court may order a financial 
149.20  institution to disclose to the court the account number and any 
149.21  other information regarding accounts owned in whole or in part 
149.22  by the obligor.  An obligor who fails to comply with this 
149.23  subdivision, fails to deposit funds in at least one deposit 
149.24  account sufficient to pay court-ordered child support, or stops 
149.25  payment or revokes authorization of a preauthorized transfer is 
149.26  subject to contempt of court procedures under chapter 588. 
149.27     Subd. 2.  [TRANSFERS.] A financial institution must execute 
149.28  preauthorized transfers for the obligor's deposit accounts in 
149.29  the amount specified in the order and amounts required under 
149.30  this section as directed by the public authority.  A financial 
149.31  institution is liable to the obligee if funds in any of the 
149.32  obligor's deposit accounts identified in the court order equal 
149.33  the amount stated in the preauthorization agreement but are not 
149.34  transferred by the financial institution in accordance with the 
149.35  agreement. 
149.36     Sec. 53.  [517C.64] [ESCROW ACCOUNT.] 
150.1      Subdivision 1.  [STAY OF SERVICE.] (a) If the court finds 
150.2   there is no arrearage in child support as of the date of the 
150.3   court hearing, the court must stay service of the income 
150.4   withholding order under sections 517C.51 to 517C.62 if the 
150.5   obligor: 
150.6      (1) establishes a savings account for a sum equal to two 
150.7   months of the monthly child support obligation; and 
150.8      (2) provides proof of establishing the savings account to 
150.9   the court and the public authority on or before the day of the 
150.10  court hearing determining the obligation. 
150.11     (b) The obligor must hold the sum under paragraph (a) in a 
150.12  financial institution in an interest-bearing account with only 
150.13  the public authority authorized as drawer of funds.  The 
150.14  obligor's proof of establishing the account must include the 
150.15  financial institution name and address, account number, and the 
150.16  deposit amount. 
150.17     Subd. 2.  [RELEASE OF STAY.] Within three working days of 
150.18  receipt of notice of default, the public authority must direct 
150.19  the financial institution to release to the public authority the 
150.20  sum held under this section when the following conditions are 
150.21  met: 
150.22     (1) the obligor fails to pay the support amount to the 
150.23  obligee or the public authority within ten days of the date it 
150.24  is ordered to be paid; 
150.25     (2) the obligee transmits a notice of default to the public 
150.26  authority and makes application to the public authority for 
150.27  child support and maintenance collection services.  The obligee 
150.28  must verify the notice and the notice must contain the title of 
150.29  the action, the court file number, the obligee's full name and 
150.30  address, the obligor's name and last known address, the 
150.31  obligor's last known employer or other payor of funds, the date 
150.32  of the first unpaid amount, the date of the last unpaid amount, 
150.33  and the total amount unpaid; and 
150.34     (3) within three working days of receipt of notice from the 
150.35  obligee, the public authority sends a copy of the notice of 
150.36  default and a notice of intent to implement income withholding 
151.1   by mail to the obligor at the address given.  The notice of 
151.2   intent must state that the public authority will serve the order 
151.3   establishing the child support or maintenance obligation on the 
151.4   obligor's employer or payor of funds unless, within 15 days 
151.5   after the mailing of the notice, the obligor requests a hearing 
151.6   on the issue of whether payment was in default as of the date of 
151.7   the notice of default.  The obligor must serve notice of the 
151.8   request for hearing on the public authority and the obligee. 
151.9      Subd. 3.  [DUTIES OF PUBLIC AUTHORITY.] Within three 
151.10  working days of receipt of sums released under subdivision 2, 
151.11  the public authority shall remit to the obligee all amounts not 
151.12  assigned under section 256.741 as current support or 
151.13  maintenance.  The public authority must also serve a copy of the 
151.14  court's order and the provisions of this section and sections 
151.15  517C.51 to 517C.62 on the obligor's employer or other payor of 
151.16  funds unless, within 15 days after mailing of the notice of 
151.17  intent to implement income withholding, the obligor makes a 
151.18  proper motion pursuant to section 484.702 and the rules of the 
151.19  expedited child support process.  The public authority must 
151.20  inform the employer or payor of funds pursuant to sections 
151.21  517C.51 to 517C.62 of the effective date on which the next 
151.22  support or maintenance payment is due.  The withholding process 
151.23  must begin on that date and must reflect the total credits of 
151.24  principal and interest amounts received from the escrow account. 
151.25     Subd. 4.  [HEARING.] Within 30 days of the date of the 
151.26  notice of default under subdivision 2, clause (2), the court 
151.27  must hold a hearing if a motion is brought by the obligor as set 
151.28  forth in subdivision 2.  If the court finds that there was a 
151.29  default, the court must order the immediate withholding of 
151.30  support or maintenance from the obligor's income.  If the court 
151.31  finds that there was no default, the court must order either the 
151.32  obligor or obligee to reestablish the escrow account and 
151.33  continue the stay of income withholding. 
151.34     Subd. 5.  [TERMINATION OF STAY.] When the obligation for 
151.35  support of a child or for spousal maintenance ends under the 
151.36  terms of the order or decree establishing the obligation and the 
152.1   sum held under this section has not otherwise been released, the 
152.2   public authority must release the sum and interest to the 
152.3   obligor when the following conditions are met: 
152.4      (1) the obligor transmits a notice of termination to the 
152.5   public authority.  The obligor must verify the notice and the 
152.6   notice must contain the title of the action, the court file 
152.7   number, the full name and address of the obligee, specify the 
152.8   event that ends the support or maintenance obligation, the 
152.9   effective date of the termination of support or maintenance 
152.10  obligation, and the applicable provisions of the order or decree 
152.11  that established the support or maintenance obligation; 
152.12     (2) the public authority sends a copy of the notice of 
152.13  termination to the obligee; and 
152.14     (3) the obligee fails within 20 days after mailing of the 
152.15  notice under clause (2) to request a hearing on the issue of 
152.16  whether the support or maintenance obligation continues and 
152.17  serve notice of the request for hearing on the obligor and the 
152.18  public authority. 
152.19     Sec. 54.  [517C.65] [TRUSTEE.] 
152.20     Subdivision 1.  [APPOINTMENT.] Upon its own motion or upon 
152.21  motion of either party, the court may appoint a trustee, when it 
152.22  is deemed expedient, to receive money ordered to be paid as 
152.23  child support for remittance to the person entitled to receive 
152.24  the payments.  The trustee may also receive property that is 
152.25  part of an award for division of marital property.  The trustee 
152.26  must hold the property in trust to invest and pay over the 
152.27  income in the manner the court directs, or to pay over the 
152.28  principal sum in the proportions and at the times the court 
152.29  orders.  In all cases, the court must consider the situation and 
152.30  circumstances of the recipient, and the children, if any.  The 
152.31  trustee must give a bond, as the court requires, for the 
152.32  faithful performance of the trust.  If it appears that the 
152.33  recipient of money ordered to be paid as support will receive 
152.34  public assistance, the court must appoint the public authority 
152.35  as trustee. 
152.36     Subd. 2.  [RECORDS.] The trustee must maintain records 
153.1   listing the amount of payments, the date when payments are 
153.2   required to be made, and the names and addresses of the parties 
153.3   affected by the order. 
153.4      Subd. 3.  [COMMUNICATION.] The parties affected by the 
153.5   order must inform the trustee of a change of address or of other 
153.6   conditions that may affect the administration of the order. 
153.7      Subd. 4.  [LATE PAYMENT.] If a required support payment is 
153.8   not made within ten days of the due date, the trustee must send 
153.9   the obligor notice of the arrears by first-class mail.  If 
153.10  payment of the sum due is not received by the trustee within ten 
153.11  days after sending notice, the trustee must certify the amount 
153.12  due to the public authority, whenever that authority is not the 
153.13  trustee.  If the public authority refers the arrears to the 
153.14  county attorney, the county attorney may initiate enforcement 
153.15  proceedings against the obligor for support. 
153.16     Sec. 55.  [517C.66] [OVERPAYMENTS.] 
153.17     If child support is not assigned under section 256.741, and 
153.18  an obligor has overpaid a child support obligation because of a 
153.19  modification or error in the amount owed, the public authority 
153.20  must: 
153.21     (1) apply the amount of the overpayment to reduce the 
153.22  amount of child support arrears or debts owed to the obligee; 
153.23  and 
153.24     (2) if an overpayment exists after the reduction of arrears 
153.25  or debt, reduce the amount of the child support remitted to the 
153.26  obligee by an amount no greater than 20 percent of the current 
153.27  monthly support obligation and remit this amount to the obligor 
153.28  until the overpayment is reduced to zero. 
153.29     Sec. 56.  [517C.67] [ALTERNATE NOTICE OF COURT ORDER.] 
153.30     Whenever this chapter requires service of a court's order 
153.31  on an employer, union, or payor of funds, service of a verified 
153.32  notice of order may be made in lieu of the order.  The verified 
153.33  notice must contain the title of the action, the name of the 
153.34  court, the court file number, the date of the court order, and 
153.35  must recite the operative provisions of the order. 
153.36     Sec. 57.  [517C.70] [CHILD SUPPORT AND PARENTING TIME ARE 
154.1   INDEPENDENT.] 
154.2      (a) Failure by a party to make support payments is not a 
154.3   defense to:  
154.4      (1) interference with parenting time; or 
154.5      (2) removing a child from this state without the permission 
154.6   of the court or the other parent. 
154.7      (b) Interference with parenting time or taking a child from 
154.8   this state without permission of the court or the other parent 
154.9   is not a defense to nonpayment of support. 
154.10     (c) If a party fails to make support payments, interferes 
154.11  with parenting time, or removes a child from this state without 
154.12  permission of the court or the other parent, the other party may 
154.13  petition the court for an appropriate order. 
154.14     Sec. 58.  [517C.705] [SIX-MONTH REVIEW.] 
154.15     A request for a six-month review hearing form must be 
154.16  attached to a decree or order that initially establishes child 
154.17  support rights and obligations according to section 517A.29. 
154.18     Sec. 59.  [517C.71] [PAYMENT AGREEMENTS.] 
154.19     Subdivision 1.  [GENERAL REQUIREMENTS.] An obligor who has 
154.20  child support arrears may enter into a payment agreement that 
154.21  addresses payment of both current and overdue support.  Payment 
154.22  agreements must: 
154.23     (1) be in writing; 
154.24     (2) address both current support and arrears; and 
154.25     (3) be approved by the district court, a child support 
154.26  magistrate, or the public authority. 
154.27     Subd. 2.  [CONSIDERATIONS.] In proposing or approving 
154.28  proposed payment agreements for purposes of this chapter, the 
154.29  district court, a child support magistrate, or the public 
154.30  authority must take into consideration the amount of the 
154.31  arrears, the amount of the current support order, any pending 
154.32  request for modification, and the earnings of the obligor.  The 
154.33  district court, child support magistrate, or public authority 
154.34  must consider the individual financial circumstances of each 
154.35  obligor in evaluating the obligor's ability to pay a proposed 
154.36  payment agreement and must propose a reasonable payment 
155.1   agreement tailored to the individual financial circumstances of 
155.2   each obligor.  The district court, child support magistrate, or 
155.3   public authority also must consider a graduated payment plan 
155.4   tailored to the individual financial circumstances of each 
155.5   obligor. 
155.6      Sec. 60.  [517C.72] [SEEK EMPLOYMENT ORDERS.] 
155.7      Subdivision 1.  [COURT ORDER.] (a) When the public 
155.8   authority is enforcing a support order, the public authority may 
155.9   seek a court order requiring an obligor to seek employment if: 
155.10     (1) the obligor's employment cannot be verified; 
155.11     (2) the obligor has child support arrears amounting to at 
155.12  least three times the obligor's total monthly support payments; 
155.13  and 
155.14     (3) the obligor is not in compliance with a payment 
155.15  agreement. 
155.16     (b) Upon proper notice to the obligor, the court may enter 
155.17  a seek employment order if it finds that the obligor has not 
155.18  provided proof of gainful employment and has not consented to an 
155.19  order for income withholding or entered into a payment agreement.
155.20     Subd. 2.  [CONTENTS OF ORDER.] The order to seek employment 
155.21  must: 
155.22     (1) order that the obligor seek employment within a 
155.23  determinate amount of time; 
155.24     (2) order that the obligor file with the public authority a 
155.25  weekly report of at least five new attempts to find employment 
155.26  or of having found employment.  The report must include the 
155.27  names, addresses, and telephone numbers of the employers or 
155.28  businesses with whom the obligor attempted to obtain employment 
155.29  and the name of the individual contact at each employer or 
155.30  business to whom the obligor made application for employment or 
155.31  to whom an inquiry was directed; 
155.32     (3) notify the obligor that failure to comply with the 
155.33  order is evidence of a willful failure to pay support under 
155.34  section 517C.74; 
155.35     (4) order that the obligor provide the public authority 
155.36  with verification of any reason for noncompliance with the 
156.1   order; and 
156.2      (5) specify the duration of the order, not to exceed three 
156.3   months. 
156.4      Sec. 61.  [517C.73] [ORDER FOR COMMUNITY SERVICES.] 
156.5      If the court finds that the obligor earns $400 or less per 
156.6   month and does not have the ability to provide support based on 
156.7   the guidelines and factors in this chapter, the court may order 
156.8   the obligor to perform community services to fulfill the 
156.9   obligor's support obligation.  In ordering community services 
156.10  under this section, the court must consider whether the obligor 
156.11  has the physical capability to perform community services, and 
156.12  must order community services that are appropriate for the 
156.13  obligor's abilities. 
156.14     Sec. 62.  [517C.74] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 
156.15  SUPPORT.] 
156.16     Subdivision 1.  [GROUNDS.] If a person against whom an 
156.17  order or decree for support has been entered under this chapter, 
156.18  chapter 256, or a comparable law from another jurisdiction, has 
156.19  child support arrears amounting to at least three times the 
156.20  obligor's total monthly support obligation and is not in 
156.21  compliance with a payment agreement, a court may cite and punish 
156.22  a person for contempt under section 517C.25, subdivision 1, 
156.23  chapter 588, or this section.  An obligor's failure to comply 
156.24  with a seek employment order entered under section 517C.72 is 
156.25  evidence of willful failure to pay support. 
156.26     Subd. 2.  [COURT OPTIONS.] (a) If a court cites a person 
156.27  for contempt under this section, and the obligor lives in a 
156.28  county that contracts with the commissioner of human services 
156.29  under section 256.997, the court may order the performance of 
156.30  community service work up to 32 hours per week for six weeks for 
156.31  each finding of contempt if the obligor: 
156.32     (1) is able to work full time; 
156.33     (2) works an average of less than 32 hours per week; and 
156.34     (3) has actual weekly gross income averaging less than 40 
156.35  times the federal minimum hourly wage under United States Code, 
156.36  title 29, section 206(a)(1), or is voluntarily earning less than 
157.1   the obligor has the ability to earn, as determined by the court. 
157.2      (b) An obligor is presumed to be able to work full time.  
157.3   The obligor has the burden of proving inability to work full 
157.4   time. 
157.5      Subd. 3.  [RELEASE.] A person ordered to do community 
157.6   service work under subdivision 2 may, during the six-week 
157.7   period, apply to the district court, a child support magistrate, 
157.8   or the public authority to be released from the community 
157.9   service work requirement if the person: 
157.10     (1) provides proof to the district court, a child support 
157.11  magistrate, or the public authority that the person is gainfully 
157.12  employed and submits to an order for income withholding under 
157.13  section 517C.52; 
157.14     (2) enters into a payment agreement under section 517C.71; 
157.15  or 
157.16     (3) provides proof to the district court, a child support 
157.17  magistrate, or the public authority that, after entry of the 
157.18  order, the person's circumstances have so changed that the 
157.19  person is no longer able to fulfill the terms of the community 
157.20  service order. 
157.21     Subd. 4.  [CONTINUING OBLIGATIONS.] An obligor's 
157.22  performance of community service work does not relieve the 
157.23  obligor of a current support obligation or arrears. 
157.24     Sec. 63.  [517C.745] [SECURITY; SEQUESTRATION; CONTEMPT.] 
157.25     (a) In all cases when the court orders support payments, 
157.26  the court may require sufficient security to be given for the 
157.27  payment of them according to the terms of the order.  Upon 
157.28  neglect or refusal to give security, or upon failure to pay the 
157.29  support, the court may sequester the obligor's personal estate 
157.30  and the rents and profits of real estate of the obligor, and 
157.31  appoint a receiver of them.  The court may cause the personal 
157.32  estate and the rents and profits of the real estate to be 
157.33  applied according to the terms of the order. 
157.34     (b) The obligor is presumed to have an income from a source 
157.35  sufficient to pay the support order.  A child support order 
157.36  constitutes prima facie evidence that the obligor has the 
158.1   ability to pay the award.  If the obligor disobeys the order, it 
158.2   is prima facie evidence of contempt.  The court may cite the 
158.3   obligor for contempt under this section, section 517C.74, or 
158.4   chapter 588. 
158.5      Sec. 64.  [517C.75] [DRIVER'S LICENSE SUSPENSION.] 
158.6      Subdivision 1.  [FACTORS WARRANTING SUSPENSION.] An 
158.7   obligor's driver's license must be suspended if the court finds 
158.8   that the obligor has been or may be issued a driver's license by 
158.9   the commissioner of public safety and if: 
158.10     (1) the obligor has arrears amounting to at least three 
158.11  times the obligor's total monthly support obligation and the 
158.12  obligor is not in compliance with a payment agreement under 
158.13  section 517C.71; or 
158.14     (2) the obligor has failed, after receiving notice, to 
158.15  comply with a subpoena relating to a paternity or child support 
158.16  proceeding. 
158.17     Subd. 2.  [SUSPENSION INITIATED BY THE OBLIGEE.] (a) An 
158.18  obligee may bring a motion to suspend an obligor's driver's 
158.19  license.  The obligee must properly serve the motion on the 
158.20  obligor pursuant to court rules and file the motion with the 
158.21  court.  An obligee may not bring a motion under this subdivision 
158.22  within 12 months of a denial of a previous motion under this 
158.23  subdivision. 
158.24     (b) At the hearing, if the court finds that a factor under 
158.25  subdivision 1 exists, the court must: 
158.26     (1) order the commissioner of public safety to suspend the 
158.27  obligor's driver's license; and 
158.28     (2) stay the order for 90 days to allow the obligor the 
158.29  opportunity to enter into a payment agreement under section 
158.30  517C.71. 
158.31     (c) If after 90 days the obligor has not entered into or is 
158.32  not in compliance with a payment agreement under section 
158.33  517C.71, the court's order becomes effective and the 
158.34  commissioner of public safety must suspend the obligor's 
158.35  driver's license. 
158.36     Subd. 3.  [SUSPENSION INITIATED BY THE PUBLIC 
159.1   AUTHORITY.] (a) If the public authority determines that a factor 
159.2   in subdivision 1 exists, the public authority must initiate the 
159.3   suspension of the obligor's driver's license. 
159.4      (b) The public authority must mail a written notice to the 
159.5   obligor at the obligor's last known address indicating that: 
159.6      (1) the public authority intends to seek suspension of the 
159.7   obligor's driver's license; and 
159.8      (2) the obligor must make a written request for a hearing 
159.9   to contest the driver's license suspension within 30 days of the 
159.10  date of the notice. 
159.11     (c) If the obligor requests a hearing within 30 days of the 
159.12  date of the notice, a court hearing must be held.  At least 14 
159.13  days before the hearing, the public authority must serve notice 
159.14  on the obligor personally or by mail at the obligor's last known 
159.15  address of the following: 
159.16     (1) the hearing time and place; 
159.17     (2) the allegations against the obligor; and 
159.18     (3) a statement informing the obligor of the requirement to 
159.19  enter into a payment agreement under section 517C.71 to avoid 
159.20  license suspension. 
159.21     (d) If a hearing is held and the court finds a factor under 
159.22  subdivision 1 exists, the court must order the commissioner of 
159.23  public safety to suspend the obligor's driver's license. 
159.24     (e) If the obligor does not request a hearing within 30 
159.25  days of the date of the notice and has not executed a written 
159.26  payment agreement under section 517C.71 that is approved by the 
159.27  public authority within 90 days of the date of the notice, the 
159.28  public authority must direct the commissioner of public safety 
159.29  to suspend the obligor's driver's license. 
159.30     Subd. 4.  [SUSPENSION FOR FAILURE TO COMPLY WITH A 
159.31  SUBPOENA.] (a) A court, child support magistrate, or the public 
159.32  authority may direct the commissioner of public safety to 
159.33  suspend an obligor's driver's license if the obligor has failed, 
159.34  after receiving notice, to comply with a subpoena relating to a 
159.35  paternity or child support proceeding. 
159.36     (b) The notice to an obligor of intent to suspend a 
160.1   driver's license must be served by first class mail at the 
160.2   obligor's last known address.  The notice must inform the 
160.3   obligor of the right to make a written request for a hearing. 
160.4      (c) If the obligor makes a written request within ten days 
160.5   of the date of the notice, a hearing must be held.  At the 
160.6   hearing, the only issues to be considered are mistake of fact 
160.7   and whether the obligor received the subpoena. 
160.8      Subd. 5.  [SUSPENSION FOR FAILURE TO REMAIN IN COMPLIANCE 
160.9   WITH A PAYMENT AGREEMENT.] The license of an obligor who fails 
160.10  to remain in compliance with a payment agreement under section 
160.11  517C.71 may be suspended.  A party or the public authority must 
160.12  serve notice upon the obligor of intent to suspend under this 
160.13  subdivision.  The party or public authority must serve the 
160.14  notice upon the obligor by first class mail at the obligor's 
160.15  last known address not less than ten days before the hearing 
160.16  date.  The notice must include a notice of hearing.  If the 
160.17  obligor appears at the hearing and the judge determines that the 
160.18  obligor has failed to comply with a payment agreement under 
160.19  section 517C.71, the judge must notify the department of public 
160.20  safety to suspend the obligor's license.  If the obligor fails 
160.21  to appear at the hearing, the public authority may notify the 
160.22  department of public safety to suspend the obligor's license. 
160.23     Subd. 6.  [REINSTATEMENT.] (a) An obligor whose driver's 
160.24  license or operating privileges are suspended may: 
160.25     (1) provide proof to the public authority that the obligor 
160.26  is in compliance with all payment agreements under section 
160.27  517C.71; 
160.28     (2) bring a motion for reinstatement of the driver's 
160.29  license.  At the hearing, the district court or child support 
160.30  magistrate must establish a payment agreement under section 
160.31  517C.71 if the district court or child support magistrate orders 
160.32  reinstatement of the driver's license; or 
160.33     (3) seek a limited license under section 171.30.  A limited 
160.34  license issued to an obligor under section 171.30 expires 90 
160.35  days after the date it is issued.  
160.36     (b) Within 15 days of the receipt of the proof under 
161.1   paragraph (a), clause (1), or a court order, the public 
161.2   authority must inform the commissioner of public safety that the 
161.3   obligor's driver's license or operating privileges should no 
161.4   longer be suspended. 
161.5      Subd. 7.  [REMEDIES AVAILABLE.] The remedy under this 
161.6   section is in addition to any other enforcement remedy available 
161.7   to the court or public authority. 
161.8      Subd. 8.  [REPORT TO THE LEGISLATURE.] On January 15, 2005, 
161.9   and every two years after that, the commissioner of human 
161.10  services must submit a report to the legislature that identifies 
161.11  the following information relevant to the implementation of this 
161.12  section: 
161.13     (1) the number of child support obligors notified of an 
161.14  intent to suspend a driver's license; 
161.15     (2) the amount collected in payments from the child support 
161.16  obligors notified of an intent to suspend a driver's license; 
161.17     (3) the number of cases paid in full and payment agreements 
161.18  executed in response to notification of an intent to suspend a 
161.19  driver's license; 
161.20     (4) the number of cases in which there has been 
161.21  notification and no payments or payment agreements; 
161.22     (5) the number of driver's licenses suspended; 
161.23     (6) the cost of implementation and operation of the 
161.24  requirements of this section; and 
161.25     (7) the number of limited licenses issued and number of 
161.26  cases in which payment agreements are executed and cases are 
161.27  paid in full following issuance of a limited license. 
161.28     Sec. 65.  [517C.76] [OCCUPATIONAL LICENSE SUSPENSION.] 
161.29     Subdivision 1.  [FACTORS WARRANTING SUSPENSION.] An 
161.30  obligor's occupational license must be suspended if the court 
161.31  finds that the obligor is or may be licensed by a licensing 
161.32  board listed in section 214.01 or other state, county, or 
161.33  municipal agency or board that issues an occupation license and 
161.34  if: 
161.35     (1) the obligor has arrears amounting to at least three 
161.36  times the obligor's total monthly support obligation and the 
162.1   obligor is not in compliance with a payment agreement under 
162.2   section 517C.71; or 
162.3      (2) the obligor has failed, after receiving notice, to 
162.4   comply with a subpoena relating to a paternity or child support 
162.5   proceeding. 
162.6      Subd. 2.  [SUSPENSION INITIATED BY THE OBLIGEE.] (a) An 
162.7   obligee may bring a motion to suspend an obligor's occupational 
162.8   license.  The obligee must properly serve the motion on the 
162.9   obligor pursuant to court rules and file the motion with the 
162.10  court. 
162.11     (b) At the hearing, if the court finds that a factor under 
162.12  subdivision 1 exists, the court must: 
162.13     (1) order the licensing board or agency to suspend the 
162.14  obligor's occupational license under section 214.101; and 
162.15     (2) stay the order for 90 days to allow the obligor the 
162.16  opportunity to enter into a payment agreement under section 
162.17  257C.71. 
162.18     (c) If after 90 days the obligor has not entered into or is 
162.19  not in compliance with a payment agreement under section 
162.20  517C.71, the court order becomes effective and the licensing 
162.21  board or agency must suspend the obligor's occupational license. 
162.22     (d) If the obligor is a licensed attorney, the court must 
162.23  comply with the procedure under subdivision 4 for notifying the 
162.24  lawyers professional responsibility board. 
162.25     Subd. 3.  [SUSPENSION INITIATED BY THE PUBLIC 
162.26  AUTHORITY.] (a) If the public authority determines that a factor 
162.27  in subdivision 1 exists, the public authority must initiate the 
162.28  suspension of the obligor's occupational license. 
162.29     (b) The public authority must mail a written notice to the 
162.30  obligor at the obligor's last known address indicating that: 
162.31     (1) the public authority intends to seek suspension of the 
162.32  obligor's occupational license; and 
162.33     (2) the obligor must make a written request for a hearing 
162.34  to contest the occupational license suspension within 30 days of 
162.35  the date of the notice. 
162.36     (c) If the obligor requests a hearing within 30 days of the 
163.1   date of the notice, a court hearing must be held.  At least 14 
163.2   days before the hearing, the public authority must serve notice 
163.3   on the obligor personally or by mail at the obligor's last known 
163.4   address of the following: 
163.5      (1) the hearing time and place; 
163.6      (2) the allegations against the obligor; and 
163.7      (3) a statement informing the obligor of the requirement to 
163.8   enter into a payment agreement under section 517C.71 to avoid 
163.9   license suspension. 
163.10     (d) If a hearing is held and the court finds a factor 
163.11  warranting suspension under subdivision 1 exists, the court must 
163.12  order the occupational licensing board or agency to suspend the 
163.13  obligor's occupational license. 
163.14     (e) If the obligor does not request a hearing within 30 
163.15  days of the date of the notice and has not executed a written 
163.16  payment agreement under section 517C.71 that is approved by the 
163.17  public authority within 90 days of the date of the notice, the 
163.18  public authority must direct the occupational licensing board or 
163.19  agency to suspend the obligor's occupational license. 
163.20     (f) If the obligor is a licensed attorney, the court or 
163.21  public authority must comply with the procedure under 
163.22  subdivision 4 for notifying the lawyers professional 
163.23  responsibility board. 
163.24     Subd. 4.  [OBLIGOR IS LICENSED ATTORNEY.] If an obligor is 
163.25  a licensed attorney and the court finds that a factor warranting 
163.26  suspension under subdivision 1 exists, the court or public 
163.27  authority must notify the lawyers professional responsibility 
163.28  board for appropriate action in accordance with the rules of 
163.29  professional conduct or order the licensing board or agency to 
163.30  suspend the obligor's license if the court finds that the 
163.31  obligor: 
163.32     (1) is licensed by a licensing board or other state agency 
163.33  that issues an occupational license; 
163.34     (2) has not made full payment of arrears found to be due by 
163.35  the public authority; and 
163.36     (3) has not executed or is not in compliance with a payment 
164.1   agreement. 
164.2      Subd. 5.  [SUSPENSION FOR FAILURE TO COMPLY WITH A 
164.3   SUBPOENA.] (a) A court, child support magistrate, or the public 
164.4   authority may direct the occupational licensing board or agency 
164.5   to suspend an obligor's occupational license if the obligor has 
164.6   failed, after receiving notice, to comply with a subpoena 
164.7   relating to a paternity or child support proceeding. 
164.8      (b) The notice to an obligor of intent to suspend an 
164.9   occupational license must be served by first class mail at the 
164.10  obligor's last known address.  The notice must inform the 
164.11  obligor of the right to make a written request for a hearing. 
164.12     (c) If the obligor makes a written request within ten days 
164.13  of the date of the notice, a hearing must be held.  At the 
164.14  hearing, the only issues to be considered are mistake of fact 
164.15  and whether the obligor received the subpoena. 
164.16     Subd. 6.  [FAILURE TO REMAIN IN COMPLIANCE WITH AN APPROVED 
164.17  PAYMENT AGREEMENT.] The license of an obligor who fails to 
164.18  remain in compliance with a payment agreement under section 
164.19  517C.71 may be suspended.  A party must serve notice upon the 
164.20  obligor of an intent to suspend under this subdivision.  A party 
164.21  must serve the notice by first class mail at the obligor's last 
164.22  known address not less than ten days before the date of the 
164.23  hearing.  The notice must include a notice of hearing.  If the 
164.24  obligor appears at the hearing and the judge determines that the 
164.25  obligor has failed to comply with a payment agreement under 
164.26  section 517C.71, the judge must notify the licensing board or 
164.27  agency to suspend the obligor's license.  If the obligor fails 
164.28  to appear at the hearing, the public authority may notify the 
164.29  licensing board or agency to suspend the obligor's license. 
164.30     Subd. 7.  [REINSTATEMENT.] An obligor whose occupational 
164.31  license is suspended may provide proof to the public authority 
164.32  that the obligor is in compliance with all payment agreements 
164.33  under section 517C.71.  Within 15 days of the receipt of that 
164.34  proof, the public authority must inform the licensing board or 
164.35  agency or the lawyer's professional responsibility board that 
164.36  the obligor is no longer ineligible for license issuance, 
165.1   reinstatement, or renewal under this section. 
165.2      Subd. 8.  [REMEDIES AVAILABLE.] The remedy under this 
165.3   section is in addition to any other enforcement remedy available 
165.4   to the court or public authority. 
165.5      Sec. 66.  [517C.77] [DATA ON SUSPENSIONS FOR SUPPORT 
165.6   ARREARS.] 
165.7      Notwithstanding section 13.03, subdivision 4, paragraph 
165.8   (c), data on an occupational license suspension under section 
165.9   517C.76 or a driver's license suspension under section 517C.75, 
165.10  that are transferred by the department of human services to the 
165.11  department of public safety or a state, county, or municipal 
165.12  occupational licensing agency respectively must have the same 
165.13  classification at the department of public safety or other 
165.14  receiving agency under section 13.02 as other license suspension 
165.15  data held by the receiving agency.  The transfer of the data 
165.16  does not affect the classification of the data in the hands of 
165.17  the department of human services. 
165.18     Sec. 67.  [517C.78] [RECREATIONAL LICENSE SUSPENSION.] 
165.19     Subdivision 1.  [MOTION; FACTORS.] (a) An obligee or the 
165.20  public authority may bring a motion to suspend the recreational 
165.21  license or licenses of an obligor.  An obligee or the public 
165.22  authority must serve the motion on the obligor in person or by 
165.23  first class mail at the obligor's last known address.  There 
165.24  must be an opportunity for a hearing.  The court may direct the 
165.25  commissioner of natural resources to suspend or bar receipt of 
165.26  the obligor's recreational license or licenses if it finds that: 
165.27     (1) the obligor has child support arrears amounting to at 
165.28  least six times the obligor's total monthly support payments and 
165.29  the obligor is not in compliance with a payment agreement under 
165.30  section 517C.71; or 
165.31     (2) the obligor has failed, after receiving notice, to 
165.32  comply with a subpoena relating to a paternity or child support 
165.33  proceeding. 
165.34     (b) Before utilizing this section, the court must find that 
165.35  other substantial enforcement mechanisms have been attempted but 
165.36  have not resulted in compliance. 
166.1      Subd. 2.  [AFFECTED LICENSES.] For purposes of this 
166.2   section, a recreational license includes all licenses, permits, 
166.3   and stamps issued centrally by the commissioner of natural 
166.4   resources under sections 97B.301, 97B.401, 97B.501, 97B.515, 
166.5   97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305. 
166.6      Subd. 3.  [REINSTATEMENT.] An obligor whose recreational 
166.7   license has been suspended or barred may provide proof to the 
166.8   court that the obligor is in compliance with all payment 
166.9   agreements under section 517C.71.  Within 15 days of receipt of 
166.10  that proof, the court must notify the commissioner of natural 
166.11  resources that the obligor's recreational license or licenses 
166.12  must no longer be suspended nor may receipt be barred. 
166.13     Sec. 68.  [517C.79] [MOTOR VEHICLE LIEN.] 
166.14     Subdivision 1.  [FACTORS WARRANTING LIEN.] A lien in the 
166.15  name of the obligee or the state of Minnesota, as appropriate, 
166.16  in accordance with section 168A.05, subdivision 8, must be 
166.17  entered on any motor vehicle certificate of title subsequently 
166.18  issued in the obligor's name if the obligor: 
166.19     (1) is a debtor for a judgment debt resulting from child 
166.20  support arrears in an amount at least three times the total 
166.21  monthly support obligation; and 
166.22     (2) is not in compliance with a payment agreement under 
166.23  section 517C.71. 
166.24     Subd. 2.  [LIEN INITIATED BY THE OBLIGEE.] (a) An obligee 
166.25  may bring a motion for the entry of a lien on any motor vehicle 
166.26  certificate of title issued in the obligor's name.  The obligee 
166.27  must properly serve the motion on the obligor pursuant to court 
166.28  rules and file the motion with the court. 
166.29     (b) At the hearing, if the court finds that the factors 
166.30  under subdivision 1 exist, the court must: 
166.31     (1) order the commissioner of public safety to enter a lien 
166.32  in the obligee's name or in the name of the state of Minnesota, 
166.33  as appropriate under section 168A.05, subdivision 8, on any 
166.34  motor vehicle certificate of title subsequently issued in the 
166.35  obligor's name; and 
166.36     (2) stay the order for 90 days to allow the obligor the 
167.1   opportunity to enter into a payment agreement under section 
167.2   517C.71. 
167.3      (c) If after 90 days the obligor has not entered into or is 
167.4   not in compliance with a payment agreement under section 
167.5   517C.71, the court's order becomes effective and the 
167.6   commissioner of public safety must enter the lien on any motor 
167.7   vehicle certificate of title subsequently issued in the 
167.8   obligor's name. 
167.9      Subd. 3.  [LIEN INITIATED BY THE PUBLIC AUTHORITY.] (a) If 
167.10  the public authority determines that the factors in subdivision 
167.11  1 exist, the public authority must direct the commissioner of 
167.12  public safety to enter a lien in the name of the obligee or in 
167.13  the name of the state of Minnesota, as appropriate, under 
167.14  section 168A.05, subdivision 8, on any motor vehicle certificate 
167.15  of title subsequently issued in the obligor's name. 
167.16     (b) At least 90 days before directing the entry of a lien 
167.17  under this section, the public authority must mail a written 
167.18  notice to the obligor at the obligor's last known address 
167.19  indicating that: 
167.20     (1) the public authority intends to enter a lien on any 
167.21  motor vehicle certificate of title subsequently issued in the 
167.22  obligor's name; and 
167.23     (2) the obligor must make a written request for a hearing 
167.24  within 30 days of the date of the notice to contest the action. 
167.25     (c) If the obligor makes a written request for a hearing 
167.26  within 30 days of the date of the notice, a court hearing must 
167.27  be held.  At least 14 days before the hearing, the public 
167.28  authority must serve the obligor personally or by mail at the 
167.29  obligor's last known address with a notice including the hearing 
167.30  time and place and the allegations against the obligor. 
167.31     (d) If a hearing is held and the court finds the factors 
167.32  under subdivision 1 exist, the court must order the commissioner 
167.33  of public safety to enter the lien on any motor vehicle 
167.34  certificate of title subsequently issued in the obligor's name. 
167.35     (e) If the obligor does not make a written request for a 
167.36  hearing within 30 days of the date of the notice and has not 
168.1   entered into or is not in compliance with a payment agreement 
168.2   under section 517C.71 approved by the public authority within 90 
168.3   days of the date of the notice, the public authority must direct 
168.4   the commissioner of public safety to enter the lien on any motor 
168.5   vehicle certificate of title subsequently issued in the 
168.6   obligor's name. 
168.7      Subd. 4.  [RELEASE.] An obligor may provide proof to the 
168.8   court or the public authority that the obligor is in compliance 
168.9   with all written payment agreements under section 517C.71 or 
168.10  that the motor vehicle's value is less than the exemption 
168.11  provided under section 550.37.  Within 15 days of the receipt of 
168.12  that proof, the court or public authority must: 
168.13     (1) execute a release of security interest under section 
168.14  168A.20, subdivision 4, and mail or deliver the release to the 
168.15  owner or other authorized person; or 
168.16     (2) in instances where a lien has not yet been entered, 
168.17  direct the commissioner of public safety not to enter a lien on 
168.18  any motor vehicle certificate of title subsequently issued in 
168.19  the obligor's name. 
168.20     Subd. 5.  [NONEXEMPT VALUE.] A lien recorded against a 
168.21  motor vehicle certificate of title under this section and 
168.22  section 168A.05, subdivision 8, attaches only to the nonexempt 
168.23  value of the motor vehicle as determined in accordance with 
168.24  section 550.37.  The value of a motor vehicle must be determined 
168.25  in accordance with the retail value described in the National 
168.26  Auto Dealers Association Official Used Car Guide, Midwest 
168.27  Edition, for the current year, or in accordance with the 
168.28  purchase price as defined in section 297B.01, subdivision 8. 
168.29     Subd. 6.  [REMEDIES AVAILABLE.] The remedy available under 
168.30  this section is in addition to any other enforcement remedies 
168.31  available to the court or public authority. 
168.32     Sec. 69.  [517C.80] [PUBLICATION OF NAMES OF DELINQUENT 
168.33  CHILD SUPPORT OBLIGORS.] 
168.34     Subdivision 1.  [MAKING NAMES PUBLIC.] At least once each 
168.35  year, the commissioner of human services, in consultation with 
168.36  the attorney general, may publish a list of the names and other 
169.1   identifying information of no more than 25 persons who: 
169.2      (1) are child support obligors; 
169.3      (2) are at least $10,000 in arrears; 
169.4      (3) are not in compliance with a payment agreement 
169.5   regarding both current support and arrears approved by the 
169.6   district court, a child support magistrate, or the public 
169.7   authority; 
169.8      (4) cannot currently be located by the public authority for 
169.9   the purposes of enforcing a support order; and 
169.10     (5) have not made a support payment except tax intercept 
169.11  payments in the preceding 12 months. 
169.12     Subd. 2.  [IDENTIFYING INFORMATION.] Identifying 
169.13  information may include the obligor's name, last known address, 
169.14  amount owed, date of birth, photograph, the number of children 
169.15  for whom support is owed, and any additional information about 
169.16  the obligor that would assist in identifying or locating the 
169.17  obligor.  The commissioner and attorney general may use posters, 
169.18  media presentations, electronic technology, and other means that 
169.19  the commissioner and attorney general determine are appropriate 
169.20  for dissemination of the information, including publication on 
169.21  the Internet.  The commissioner and attorney general may make 
169.22  any or all of the identifying information regarding these 
169.23  persons public.  Information regarding an obligor who meets the 
169.24  criteria in this section will only be made public after that 
169.25  person's selection by the commissioner and attorney general. 
169.26     Subd. 3.  [NOTICE.] (a) Before making the obligor's name 
169.27  public, the department of human services must send a notice to 
169.28  the obligor's last known address stating the department's 
169.29  intention to make public information on the obligor.  The notice 
169.30  must also provide an opportunity to have the obligor's name 
169.31  removed from the list by paying the arrears or by entering into 
169.32  an agreement to pay the arrears, or by providing information to 
169.33  the public authority that there is good cause not to make the 
169.34  information public.  The notice must include the final date when 
169.35  the payment or agreement can be accepted. 
169.36     (b) The department of human services must obtain the 
170.1   obligee's written consent to make the obligor's name public. 
170.2      Subd. 4.  [NAMES PUBLISHED IN ERROR.] If the commissioner 
170.3   makes a name public under subdivision 1 in error, the 
170.4   commissioner must also offer to publish a printed retraction and 
170.5   a public apology acknowledging that the name was made public in 
170.6   error.  If the person whose name was made public in error elects 
170.7   the public retraction and apology, the retraction and apology 
170.8   must appear in the same medium and the same format as the 
170.9   original notice where the name was listed in error.  In addition 
170.10  to the right of a public retraction and apology, a person whose 
170.11  name was made public in error has a civil action for damages 
170.12  caused by the error. 
170.13     Sec. 70.  [517C.81] [COLLECTION; ARREARS.] 
170.14     Subdivision 1.  [COLLECTION OF ARREARS TO CONTINUE AFTER 
170.15  CHILD IS EMANCIPATED.] Remedies available for collecting and 
170.16  enforcing support in this chapter and chapters 256, 257, and 
170.17  518C also apply to cases in which a child for whom support is 
170.18  owed is emancipated and the obligor owes past support or has 
170.19  accumulated arrears as of the date of the youngest child's 
170.20  emancipation.  Child support arrears under this section include 
170.21  arrears for child support, medical support, child care, 
170.22  pregnancy and birth expenses, and unreimbursed medical expenses 
170.23  as defined in section 517C.15. 
170.24     Subd. 2.  [RETROACTIVE APPLICATION.] This section applies 
170.25  retroactively to support arrears that accrued on or before the 
170.26  date of enactment and to all arrears accruing after the date of 
170.27  enactment. 
170.28     Subd. 3.  [LIMITATIONS.] Past support or pregnancy and 
170.29  confinement expenses ordered for which the obligor has specific 
170.30  court-ordered terms for repayment may not be enforced using 
170.31  drivers' and occupational or professional license suspension, 
170.32  credit bureau reporting, and additional income withholding under 
170.33  section 517C.60, unless the obligor fails to comply with the 
170.34  terms of the court order for repayment. 
170.35     Subd. 4.  [PAYMENT OF ARREARS.] Absent a court order to the 
170.36  contrary, if an arrearage exists at the time a support order 
171.1   would otherwise terminate and section 517C.60 does not apply, 
171.2   the obligor must repay the arrearage in an amount equal to the 
171.3   current support order until all arrears have been paid in full. 
171.4      Subd. 5.  [PAYMENT AGREEMENT.] If arrears exist according 
171.5   to a support order which fails to establish a monthly support 
171.6   obligation in a specific dollar amount, the public authority, if 
171.7   it provides child support collection services, or the obligee 
171.8   may establish a payment agreement.  The payment agreement must 
171.9   equal what the obligor would pay for current child support, plus 
171.10  an additional 20 percent of the current child support 
171.11  obligation, until all arrears are paid in full.  If the obligor 
171.12  fails to enter into or comply with a payment agreement, the 
171.13  public authority, if it provides child support collection 
171.14  services, or the obligee may file a motion in district court or 
171.15  the expedited child support process, if section 484.702 applies, 
171.16  for a court order establishing repayment terms. 
171.17     Sec. 71.  [517C.82] [COLLECTION; REVENUE RECAPTURE.] 
171.18     The public authority may submit debt under chapter 270A 
171.19  only if the obligor is in arrears in court-ordered child support 
171.20  or maintenance payments, or both, in an amount greater than the 
171.21  obligor's total monthly support and maintenance payments or if 
171.22  the debt has been entered and docketed as a judgment. 
171.23     Sec. 72.  [517C.83] [CASE REVIEWER.] 
171.24     The commissioner must make a case reviewer available to 
171.25  obligors and obligees.  The reviewer must be available to answer 
171.26  questions concerning the collection process and to review the 
171.27  collection activity taken.  A reviewer who reasonably believes 
171.28  that a particular action being taken is unreasonable or unfair 
171.29  may make recommendations to the commissioner and the applicable 
171.30  county in regard to the collection action. 
171.31     Sec. 73.  [517C.84] [ATTORNEY FEES; COLLECTION COSTS.] 
171.32     Subdivision 1.  [GENERAL.] (a) A child support obligee is 
171.33  entitled to recover from the obligor reasonable attorney fees 
171.34  and other collection costs incurred to enforce a child support 
171.35  judgment, as provided in this section if the child support 
171.36  arrears are: 
172.1      (1) at least $500; 
172.2      (2) at least 90 days past due; and 
172.3      (3) docketed as a judgment under sections 548.09 and 
172.4   548.091. 
172.5      (b) If the obligor pays in full the judgment rendered under 
172.6   section 548.091 within 20 days of receipt of notice of entry of 
172.7   judgment, the obligee is not entitled to recover attorney fees 
172.8   or collection costs under this section. 
172.9      Subd. 2.  [ENFORCEMENT.] Attorney fees and collection costs 
172.10  obtained under this section are considered child support and 
172.11  entitled to the applicable remedies for child support collection 
172.12  and enforcement. 
172.13     Subd. 3.  [NOTICE TO PUBLIC AUTHORITY.] If the public 
172.14  authority is a party to a case, an obligee must provide written 
172.15  notice to the public authority within five days of: 
172.16     (1) contracting with an attorney or collection entity to 
172.17  enforce a child support judgment; or 
172.18     (2) receipting payments received on a child support 
172.19  judgment. 
172.20     Subd. 4.  [NOTICE TO OBLIGOR; HEARING.] (a) The obligee 
172.21  must serve notice of the obligee's intent to recover attorney 
172.22  fees and collection costs by certified or registered mail on the 
172.23  obligor at the obligor's last known address.  The notice must 
172.24  itemize the attorney fees and collection costs being sought by 
172.25  the obligee.  It must inform the obligor that the fees and costs 
172.26  will become an additional judgment for child support unless, 
172.27  within 20 days of mailing of the notice, the obligor requests a 
172.28  hearing: 
172.29     (1) on the reasonableness of the fees and costs; or 
172.30     (2) to contest the child support judgment on grounds 
172.31  limited to mistake of fact. 
172.32     (b) If the obligor requests a hearing, the only issues to 
172.33  be determined by the court are: 
172.34     (1) whether the attorney fees or collection costs were 
172.35  reasonably incurred by the obligee for the enforcement of a 
172.36  child support judgment against the obligor; or 
173.1      (2) the validity of the child support judgment on grounds 
173.2   limited to mistake of fact. 
173.3      (c) The fees and costs may not exceed 30 percent of the 
173.4   arrears.  The court may modify the amount of attorney fees and 
173.5   costs as appropriate and must enter judgment accordingly. 
173.6      (d) If the obligor fails to request a hearing within 20 
173.7   days of mailing of the notice under paragraph (a), the amount of 
173.8   the attorney fees or collection costs requested by the obligee 
173.9   in the notice automatically becomes an additional judgment for 
173.10  child support. 
173.11     Subd. 5.  [FORMS.] The state court administrator must 
173.12  prepare and make available to the court and the parties forms 
173.13  for use in providing for notice and requesting a hearing under 
173.14  this section. 
173.15     Sec. 74.  [517C.99] [REQUIRED NOTICES.] 
173.16     Subdivision 1.  [REQUIREMENT.] Every court order or 
173.17  judgment and decree that provides for child support, spousal 
173.18  maintenance, custody, or parenting time must contain certain 
173.19  notices as set out in subdivision 3.  The information in the 
173.20  notices must be concisely stated in plain language.  The notices 
173.21  must be in clearly legible print, but may not exceed two pages.  
173.22  An order or judgment and decree without the notice remains 
173.23  subject to all statutes.  The court may waive all or part of the 
173.24  notice required under subdivision 3 relating to parental rights 
173.25  if it finds it is necessary to protect the welfare of a party or 
173.26  child. 
173.27     Subd. 2.  [COPIES OF LAWS AND FORMS.] The district court 
173.28  administrator must make copies of the sections referred to in 
173.29  subdivision 3 available at no charge and must provide forms to 
173.30  request or contest attorney fees and collection costs under 
173.31  section 517C.84, and cost-of-living increases under section 
173.32  517C.31. 
173.33     Subd. 3.  [CONTENTS.] The required notices must be 
173.34  substantially as follows: 
173.35                         IMPORTANT NOTICE 
173.36  1.  PAYMENTS TO PUBLIC AGENCY 
174.1      According to Minnesota Statutes, section 517C.35, payments 
174.2      ordered for maintenance and support must be paid to the 
174.3      public agency responsible for child support enforcement as 
174.4      long as the person entitled to receive the payments is 
174.5      receiving or has applied for public assistance or has 
174.6      applied for support and maintenance collection services.  
174.7      MAIL PAYMENTS TO: 
174.8   2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
174.9   FELONY 
174.10     A person may be charged with a felony who conceals a minor 
174.11     child or takes, obtains, retains, or fails to return a 
174.12     minor child from or to the child's parent (or person with 
174.13     custodial or visitation rights), according to Minnesota 
174.14     Statutes, section 609.26.  A copy of that section is 
174.15     available from any district court clerk. 
174.16  3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 
174.17     A person who fails to pay court-ordered child support or 
174.18     maintenance may be charged with a crime, which may include 
174.19     misdemeanor, gross misdemeanor, or felony charges, 
174.20     according to Minnesota Statutes, section 609.375.  A copy 
174.21     of that section is available from any district court clerk. 
174.22  4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 
174.23     (a) Payment of support or spousal maintenance is to be as 
174.24     ordered, and the giving of gifts or making purchases of 
174.25     food, clothing, and the like will not fulfill the 
174.26     obligation. 
174.27     (b) Payment of support must be made as it becomes due, and 
174.28     failure to secure or denial of parenting time is NOT an 
174.29     excuse for nonpayment, but the aggrieved party must seek 
174.30     relief through a proper motion filed with the court. 
174.31     (c) Nonpayment of support is not grounds to deny parenting 
174.32     time.  The party entitled to receive support may apply for 
174.33     support and collection services, file a contempt motion, or 
174.34     obtain a judgment as provided in Minnesota Statutes, 
174.35     section 548.091.  
174.36     (d) The payment of support or spousal maintenance takes 
175.1      priority over payment of debts and other obligations. 
175.2      (e) A party who accepts additional obligations of support 
175.3      does so with the full knowledge of the party's prior 
175.4      obligation under this proceeding. 
175.5      (f) Child support or maintenance is based on annual income, 
175.6      and it is the responsibility of a person with seasonal 
175.7      employment to budget income so that payments are made 
175.8      throughout the year as ordered. 
175.9      (g) If the obligor is laid off from employment or receives 
175.10     a pay reduction, support may be reduced, but only if the 
175.11     obligor or public authority serves and files a motion to 
175.12     reduce the support with the court.  Any reduction will take 
175.13     effect only if ordered by the court and may only relate 
175.14     back to the time that the obligor files a motion.  If the 
175.15     obligor or public authority does not file a motion, the 
175.16     support obligation will continue at the current level.  The 
175.17     court is not permitted to reduce support retroactively, 
175.18     except as provided in Minnesota Statutes, section 517C.29. 
175.19     (h) Reasonable parenting time guidelines are contained in 
175.20     Appendix B, which is available from the court administrator.
175.21     (i) The nonpayment of support may be enforced through the 
175.22     denial of student grants; interception of state and federal 
175.23     tax refunds; suspension of driver's, recreational, and 
175.24     occupational licenses; referral to the department of 
175.25     revenue or private collection agencies; seizure of assets, 
175.26     including bank accounts and other assets held by financial 
175.27     institutions; reporting to credit bureaus; interest 
175.28     charging, income withholding, and contempt proceedings; and 
175.29     other enforcement methods allowed by law.  
175.30  5.  PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 
175.31     Unless otherwise provided by the court: 
175.32     (a) Each party has the right of access to, and to receive 
175.33     copies of, school, medical, dental, religious training, and 
175.34     other important records and information about the minor 
175.35     child.  Each party has the right of access to information 
175.36     regarding health or dental insurance available to the minor 
176.1      child.  Presentation of a copy of this order to the 
176.2      custodian of a record or other information about the minor 
176.3      child constitutes sufficient authorization for the release 
176.4      of the record or information to the requesting party. 
176.5      (b) Each party must keep the other informed as to the name 
176.6      and address of the school of attendance of the minor 
176.7      child.  Each party has the right to be informed by school 
176.8      officials about the child's welfare, educational progress 
176.9      and status, and to attend school and parent teacher 
176.10     conferences.  The school is not required to hold a separate 
176.11     conference for each party. 
176.12     (c) In case of an accident or serious illness of a minor 
176.13     child, each party must notify the other party of the 
176.14     accident or illness, and the name of the health care 
176.15     provider and the place of treatment. 
176.16     (d) Each party has the right of reasonable access and 
176.17     telephone contact with the minor child. 
176.18  6.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
176.19     Child support and/or spousal maintenance may be withheld 
176.20     from income, with or without notice to the person obligated 
176.21     to pay, when the conditions of Minnesota Statutes, sections 
176.22     517C.52 to 517C.62, have been met.  A copy of those 
176.23     sections is available from any district court clerk. 
176.24  7.  CHANGE OF ADDRESS OR RESIDENCE 
176.25     Unless otherwise ordered, each party must notify the other 
176.26     party, the court, and the public authority responsible for 
176.27     collection, if applicable, of the following information 
176.28     within ten days of any change:  the residential and mailing 
176.29     address, telephone number, driver's license number, social 
176.30     security number, and name, address, and telephone number of 
176.31     the employer. 
176.32  8.  COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 
176.33     Child support and/or spousal maintenance may be adjusted 
176.34     every two years based upon a change in the cost of living 
176.35     (using Department of Labor Consumer Price Index .........., 
176.36     unless otherwise specified in this order) when the 
177.1      conditions of Minnesota Statutes, section 517C.31, are met. 
177.2      Cost-of-living increases are compounded.  A copy of 
177.3      Minnesota Statutes, section 517C.31, and forms necessary to 
177.4      request or contest a cost-of-living increase are available 
177.5      from any district court clerk. 
177.6   9.  JUDGMENTS FOR UNPAID SUPPORT 
177.7      If a person fails to make a child support payment, the 
177.8      payment owed becomes a judgment against the person 
177.9      responsible to make the payment by operation of law on or 
177.10     after the date the payment is due, and the person entitled 
177.11     to receive the payment or the public agency may obtain 
177.12     entry and docketing of the judgment WITHOUT NOTICE to the 
177.13     person responsible to make the payment under Minnesota 
177.14     Statutes, section 548.091.  Interest begins to accrue on a 
177.15     payment or installment of child support whenever the unpaid 
177.16     amount due is greater than the current support due, 
177.17     according to Minnesota Statutes, section 548.091, 
177.18     subdivision 1a.  
177.19  10.  JUDGMENTS FOR UNPAID SPOUSAL MAINTENANCE 
177.20     A judgment for unpaid spousal maintenance may be entered 
177.21     when the conditions of Minnesota Statutes, section 548.091, 
177.22     are met.  A copy of that section is available from any 
177.23     district court clerk. 
177.24  11.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
177.25  SUPPORT 
177.26     A judgment for attorney fees and other collection costs 
177.27     incurred in enforcing a child support order will be entered 
177.28     against the person responsible to pay support when the 
177.29     conditions of Minnesota Statutes, section 517C.84, are 
177.30     met.  A copy of Minnesota Statutes, section 517C.84, and 
177.31     forms necessary to request or contest these attorney fees 
177.32     and collection costs are available from any district court 
177.33     clerk. 
177.34  12.  PARENTING TIME EXPEDITOR PROCESS 
177.35     On request of either party or on its own motion, the court 
177.36     may appoint a parenting time expeditor to resolve parenting 
178.1      time disputes under Minnesota Statutes, section 517B.26.  A 
178.2      copy of that section and a description of the expeditor 
178.3      process is available from any district court clerk. 
178.4   13.  PARENTING TIME REMEDIES AND PENALTIES 
178.5      Remedies and penalties for the wrongful denial of parenting 
178.6      time are available under Minnesota Statutes, section 
178.7      517B.25, subdivision 7.  These include compensatory 
178.8      parenting time, civil penalties, bond requirements, 
178.9      contempt, and reversal of custody.  A copy of that 
178.10     subdivision and forms for requesting relief are available 
178.11     from any district court clerk. 
178.12     Sec. 75.  [APPROPRIATIONS.] 
178.13     $770,000 is appropriated in fiscal year 2004 from the 
178.14  general fund to the commissioner of human services to fund 
178.15  implementation of the Minnesota Child Support Act and to 
178.16  reimburse counties for their implementation costs.  The 
178.17  commissioner of human services shall devise an equitable system 
178.18  to reimburse counties for their costs of implementing the 
178.19  Minnesota Child Support Act.  This is a onetime appropriation.  
178.20  Any unencumbered balance remaining in the first year does not 
178.21  cancel and is available the second year of the biennium. 
178.22     $355,000 is appropriated in fiscal year 2005 from the 
178.23  general fund to the supreme court administrator to fund 
178.24  implementation of the Minnesota Child Support Act.  This is a 
178.25  onetime appropriation. 
178.26     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
178.27     Sec. 76.  [REVISOR'S INSTRUCTION.] 
178.28     (a) The revisor of statutes must correct internal cross 
178.29  references to sections that are now in Minnesota Statutes, 
178.30  chapter 517C, throughout Minnesota Statutes and Minnesota Rules. 
178.31     (b) If a provision of a section of Minnesota Statutes 
178.32  amended by this act is amended by the 2003 regular legislative 
178.33  session or 2003 special legislative session, if any, the revisor 
178.34  shall codify the amendment consistent with the recodification of 
178.35  the affected section by this act, notwithstanding any law to the 
178.36  contrary.  In sections affected by this instruction, the revisor 
179.1   may make changes necessary to correct the punctuation, grammar, 
179.2   or structure of the remaining text and preserve its meaning. 
179.3      Sec. 77.  [REPEALER.] 
179.4      Minnesota Statutes 2002, sections 518.111; 518.171; 
179.5   518.255; 518.54, subdivisions 2, 4a, 13, and 14; 518.551; 
179.6   518.5513; 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 
179.7   518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617; 
179.8   518.618; 518.6195; 518.6196; and 518.68, are repealed. 
179.9      Sec. 78.  [EFFECTIVE DATE.] 
179.10     Unless otherwise specified, this act is effective July 1, 
179.11  2004. 
179.12                             ARTICLE 4 
179.13                     CHILD SUPPORT ENFORCEMENT 
179.14     Section 1.  Minnesota Statutes 2002, section 13.69, 
179.15  subdivision 1, is amended to read: 
179.16     Subdivision 1.  [CLASSIFICATIONS.] (a) The following 
179.17  government data of the department of public safety are private 
179.18  data:  
179.19     (1) medical data on driving instructors, licensed drivers, 
179.20  and applicants for parking certificates and special license 
179.21  plates issued to physically handicapped persons; 
179.22     (2) other data on holders of a disability certificate under 
179.23  section 169.345, except that data that are not medical data may 
179.24  be released to law enforcement agencies; 
179.25     (3) social security numbers in driver's license and motor 
179.26  vehicle registration records, except that social security 
179.27  numbers must be provided to the department of revenue for 
179.28  purposes of tax administration and, the department of labor and 
179.29  industry for purposes of workers' compensation administration 
179.30  and enforcement, and the department of natural resources for 
179.31  purposes of license application administration; and 
179.32     (4) data on persons listed as standby or temporary 
179.33  custodians under section 171.07, subdivision 11, except that the 
179.34  data must be released to: 
179.35     (i) law enforcement agencies for the purpose of verifying 
179.36  that an individual is a designated caregiver; or 
180.1      (ii) law enforcement agencies who state that the license 
180.2   holder is unable to communicate at that time and that the 
180.3   information is necessary for notifying the designated caregiver 
180.4   of the need to care for a child of the license holder.  
180.5      The department may release the social security number only 
180.6   as provided in clause (3) and must not sell or otherwise provide 
180.7   individual social security numbers or lists of social security 
180.8   numbers for any other purpose.  
180.9      (b) The following government data of the department of 
180.10  public safety are confidential data:  data concerning an 
180.11  individual's driving ability when that data is received from a 
180.12  member of the individual's family. 
180.13     Sec. 2.  [97A.482] [LICENSE APPLICATIONS; COLLECTION OF 
180.14  SOCIAL SECURITY NUMBERS.] 
180.15     (a) All applicants for individual noncommercial game and 
180.16  fish licenses under this chapter and chapters 97B and 97C must 
180.17  include the applicant's social security number on the license 
180.18  application.  If an applicant does not have a social security 
180.19  number, the applicant must certify that the applicant does not 
180.20  have a social security number. 
180.21     (b) The social security numbers collected by the 
180.22  commissioner on game and fish license applications are private 
180.23  data under section 13.49, subdivision 1, and must be provided by 
180.24  the commissioner to the commissioner of human services for child 
180.25  support enforcement purposes.  Title IV-D of the Social Security 
180.26  Act, United States Code, title 42, section 666(a)(13), requires 
180.27  the collection of social security numbers on game and fish 
180.28  license applications for child support enforcement purposes. 
180.29     Sec. 3.  Minnesota Statutes 2002, section 171.06, 
180.30  subdivision 3, is amended to read: 
180.31     Subd. 3.  [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 
180.32  An application must: 
180.33     (1) state the full name, date of birth, sex, and residence 
180.34  address of the applicant; 
180.35     (2) as may be required by the commissioner, contain a 
180.36  description of the applicant and any other facts pertaining to 
181.1   the applicant, the applicant's driving privileges, and the 
181.2   applicant's ability to operate a motor vehicle with safety; 
181.3      (3) for a class C, class B, or class A driver's license, 
181.4   state: 
181.5      (i) the applicant's social security number or, for a class 
181.6   D driver's license, have a space for the applicant's social 
181.7   security number and state that providing the number is optional, 
181.8   or otherwise convey that the applicant is not required to enter 
181.9   the social security number; or 
181.10     (ii) if the applicant does not have a social security 
181.11  number and is applying for a Minnesota identification card, 
181.12  instruction permit, or class D provisional or driver's license, 
181.13  that the applicant certifies that the applicant does not have a 
181.14  social security number; 
181.15     (4) contain a space where the applicant may indicate a 
181.16  desire to make an anatomical gift according to paragraph (b); 
181.17  and 
181.18     (5) contain a notification to the applicant of the 
181.19  availability of a living will/health care directive designation 
181.20  on the license under section 171.07, subdivision 7.  
181.21     (b) If the applicant does not indicate a desire to make an 
181.22  anatomical gift when the application is made, the applicant must 
181.23  be offered a donor document in accordance with section 171.07, 
181.24  subdivision 5.  The application must contain statements 
181.25  sufficient to comply with the requirements of the Uniform 
181.26  Anatomical Gift Act (1987), sections 525.921 to 525.9224, so 
181.27  that execution of the application or donor document will make 
181.28  the anatomical gift as provided in section 171.07, subdivision 
181.29  5, for those indicating a desire to make an anatomical gift.  
181.30  The application must be accompanied by information describing 
181.31  Minnesota laws regarding anatomical gifts and the need for and 
181.32  benefits of anatomical gifts, and the legal implications of 
181.33  making an anatomical gift, including the law governing 
181.34  revocation of anatomical gifts.  The commissioner shall 
181.35  distribute a notice that must accompany all applications for and 
181.36  renewals of a driver's license or Minnesota identification 
182.1   card.  The notice must be prepared in conjunction with a 
182.2   Minnesota organ procurement organization that is certified by 
182.3   the federal Department of Health and Human Services and must 
182.4   include: 
182.5      (1) a statement that provides a fair and reasonable 
182.6   description of the organ donation process, the care of the donor 
182.7   body after death, and the importance of informing family members 
182.8   of the donation decision; and 
182.9      (2) a telephone number in a certified Minnesota organ 
182.10  procurement organization that may be called with respect to 
182.11  questions regarding anatomical gifts. 
182.12     (c) The application must be accompanied also by information 
182.13  containing relevant facts relating to:  
182.14     (1) the effect of alcohol on driving ability; 
182.15     (2) the effect of mixing alcohol with drugs; 
182.16     (3) the laws of Minnesota relating to operation of a motor 
182.17  vehicle while under the influence of alcohol or a controlled 
182.18  substance; and 
182.19     (4) the levels of alcohol-related fatalities and accidents 
182.20  in Minnesota and of arrests for alcohol-related violations. 
182.21     Sec. 4.  Minnesota Statutes 2002, section 171.07, is 
182.22  amended by adding a subdivision to read: 
182.23     Subd. 14.  [USE OF SOCIAL SECURITY NUMBER.] An applicant's 
182.24  social security number must not be displayed on the driver's 
182.25  license or included in a magnetic strip or bar code used to 
182.26  store data on the license.  The social security number must not 
182.27  be used as a Minnesota driver's license or identification number.
182.28     Sec. 5.  Minnesota Statutes 2002, section 518.171, 
182.29  subdivision 7, is amended to read: 
182.30     Subd. 7.  [RELEASE OF INFORMATION.] (a) The employer, 
182.31  union, or insurance agent of either party shall release to the 
182.32  public authority, upon request, any information relating to 
182.33  dependent health or dental insurance coverage available to the 
182.34  party in order to verify availability of dependent insurance 
182.35  coverage or to establish, modify, or enforce medical support. 
182.36     (b) When an order for dependent insurance coverage is in 
183.1   effect, the obligor's employer, union, or insurance agent shall 
183.2   release to the obligee or the public authority, upon request, 
183.3   information on the dependent coverage, including the name of the 
183.4   health or dental insurance carrier or employer.  The employer, 
183.5   union, or health or dental insurance plan shall provide the 
183.6   obligee with insurance identification cards and all necessary 
183.7   written information to enable the obligee to utilize the 
183.8   insurance benefits for the covered dependents.  Notwithstanding 
183.9   any other law, information reported pursuant to section 268.044 
183.10  shall be released to the public agency responsible for support 
183.11  enforcement that is enforcing an order for health or dental 
183.12  insurance coverage under this section.  The public agency 
183.13  responsible for support enforcement is authorized to release to 
183.14  the obligor's health or dental insurance carrier or employer 
183.15  information necessary to obtain or enforce medical support. 
183.16     (c) The public agency responsible for child support 
183.17  enforcement is authorized to release to a party's health or 
183.18  dental insurance carrier or employer information necessary to 
183.19  verify availability of dependent insurance coverage or to 
183.20  establish, modify, or enforce medical support. 
183.21     Sec. 6.  Minnesota Statutes 2002, section 518.551, 
183.22  subdivision 5, is amended to read: 
183.23     Subd. 5.  [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 
183.24  petitioner shall notify the public authority of all proceedings 
183.25  for dissolution, legal separation, determination of parentage or 
183.26  for the custody of a child, if either party is receiving public 
183.27  assistance or applies for it subsequent to the commencement of 
183.28  the proceeding.  The notice must contain the full names of the 
183.29  parties to the proceeding, their social security account 
183.30  numbers, and their birth dates.  After receipt of the notice, 
183.31  the court shall set child support as provided in this 
183.32  subdivision.  The court may order either or both parents owing a 
183.33  duty of support to a child of the marriage to pay an amount 
183.34  reasonable or necessary for the child's support, without regard 
183.35  to marital misconduct.  The court shall approve a child support 
183.36  stipulation of the parties if each party is represented by 
184.1   independent counsel, unless the stipulation does not meet the 
184.2   conditions of paragraph (i).  In other cases the court shall 
184.3   determine and order child support in a specific dollar amount in 
184.4   accordance with the guidelines and the other factors set forth 
184.5   in paragraph (c) and any departure therefrom.  The court may 
184.6   also order the obligor to pay child support in the form of a 
184.7   percentage share of the obligor's net bonuses, commissions, or 
184.8   other forms of compensation, in addition to, or if the obligor 
184.9   receives no base pay, in lieu of, an order for a specific dollar 
184.10  amount. 
184.11     (b) The court shall derive a specific dollar amount for 
184.12  child support by multiplying the obligor's net income by the 
184.13  percentage indicated by the following guidelines:  
184.14  Net Income Per            Number of Children 
184.15  Month of Obligor 
184.16                1     2     3     4     5     6    7 or 
184.17                                                   more 
184.18  $550 and Below     Order based on the ability of the 
184.19                     obligor to provide support  
184.20                     at these income levels, or at higher  
184.21                     levels, if the obligor has 
184.22                     the earning ability. 
184.23  $551 - 600   16%   19%   22%   25%   28%   30%   32% 
184.24  $601 - 650   17%   21%   24%   27%   29%   32%   34% 
184.25  $651 - 700   18%   22%   25%   28%   31%   34%   36% 
184.26  $701 - 750   19%   23%   27%   30%   33%   36%   38% 
184.27  $751 - 800   20%   24%   28%   31%   35%   38%   40% 
184.28  $801 - 850   21%   25%   29%   33%   36%   40%   42% 
184.29  $851 - 900   22%   27%   31%   34%   38%   41%   44% 
184.30  $901 - 950   23%   28%   32%   36%   40%   43%   46% 
184.31  $951 - 1000  24%   29%   34%   38%   41%   45%   48% 
184.32  $1001- 5000  25%   30%   35%   39%   43%   47%   50% 
184.33  or the amount 
184.34  in effect under
184.35  paragraph (k)
184.36     Guidelines for support for an obligor with a monthly income 
185.1   in excess of the income limit currently in effect under 
185.2   paragraph (k) shall be the same dollar amounts as provided for 
185.3   in the guidelines for an obligor with a monthly income equal to 
185.4   the limit in effect. 
185.5   Net Income defined as: 
185.6            
185.7            Total monthly 
185.8            income less           *(i) Federal Income Tax 
185.9                                 *(ii) State Income Tax 
185.10                                (iii) Social Security
185.11                                       Deductions 
185.12                                 (iv) Reasonable
185.13                                       Pension Deductions
185.14           *Standard 
185.15           Deductions apply-      (v) Union Dues 
185.16           use of tax tables     (vi) Cost of Dependent Health
185.17           recommended                 Insurance Coverage  
185.18                                (vii) Cost of Individual or Group
185.19                                       Health/Hospitalization
185.20                                       Coverage or an        
185.21                                       Amount for Actual 
185.22                                       Medical Expenses   
185.23                               (viii) A Child Support or  
185.24                                       Maintenance Order that is
185.25                                       Currently Being Paid, not 
185.26                                       including payments or orders
185.27                                       for support or
185.28                                       maintenance debts or
185.29                                       arrears.
185.30     "Net income" does not include: 
185.31     (1) the income of the obligor's spouse, but does include 
185.32  in-kind payments received by the obligor in the course of 
185.33  employment, self-employment, or operation of a business if the 
185.34  payments reduce the obligor's living expenses; or 
185.35     (2) compensation received by a party for employment in 
185.36  excess of a 40-hour work week, provided that: 
186.1      (i) support is nonetheless ordered in an amount at least 
186.2   equal to the guidelines amount based on income not excluded 
186.3   under this clause; and 
186.4      (ii) the party demonstrates, and the court finds, that: 
186.5      (A) the excess employment began after the filing of the 
186.6   petition for dissolution; 
186.7      (B) the excess employment reflects an increase in the work 
186.8   schedule or hours worked over that of the two years immediately 
186.9   preceding the filing of the petition; 
186.10     (C) the excess employment is voluntary and not a condition 
186.11  of employment; 
186.12     (D) the excess employment is in the nature of additional, 
186.13  part-time or overtime employment compensable by the hour or 
186.14  fraction of an hour; and 
186.15     (E) the party's compensation structure has not been changed 
186.16  for the purpose of affecting a support or maintenance obligation.
186.17     The court shall review the work-related and 
186.18  education-related child care costs paid and shall allocate the 
186.19  costs to each parent in proportion to each parent's net income, 
186.20  as determined under this subdivision, after the transfer of 
186.21  child support and spousal maintenance, unless the allocation 
186.22  would be substantially unfair to either parent.  There is a 
186.23  presumption of substantial unfairness if after the sum total of 
186.24  child support, spousal maintenance, and child care costs is 
186.25  subtracted from the obligor's income, the income is at or below 
186.26  100 percent of the federal poverty guidelines.  The cost of 
186.27  child care for purposes of this paragraph is 75 percent of the 
186.28  actual cost paid for child care, to reflect the approximate 
186.29  value of state and federal tax credits available to the 
186.30  obligee.  The actual cost paid for child care is the total 
186.31  amount received by the child care provider for the child or 
186.32  children of the obligor from the obligee or any public agency.  
186.33  The court shall require verification of employment or school 
186.34  attendance and documentation of child care expenses from the 
186.35  obligee and the public agency, if applicable.  If child care 
186.36  expenses fluctuate during the year because of seasonal 
187.1   employment or school attendance of the obligee or extended 
187.2   periods of parenting time with the obligor, the court shall 
187.3   determine child care expenses based on an average monthly cost.  
187.4   The amount allocated for child care expenses is considered child 
187.5   support but is not subject to a cost-of-living adjustment under 
187.6   section 518.641.  If a court order provides for child care 
187.7   expenses and the public authority provides child support 
187.8   enforcement services, the collection of the amount allocated for 
187.9   child care expenses terminates must be suspended when either 
187.10  party notifies informs the public authority that the no child 
187.11  care costs have ended and without any legal action on the part 
187.12  of either party are being incurred and the public authority 
187.13  verifies the accuracy of the information with the other party.  
187.14  The public authority shall verify the information received under 
187.15  this provision before authorizing termination.  The termination 
187.16  is effective as of the date of the notification. resume 
187.17  collection of the amount allocated for child care expenses when 
187.18  either party provides information that child care costs have 
187.19  resumed.  If the parties provide conflicting information to the 
187.20  public authority regarding whether or not child care expenses 
187.21  are being incurred, the collection of the amount allocated for 
187.22  child care expenses must continue or resume.  Either party, 
187.23  through motion to the court, may challenge the suspension or 
187.24  resumption of the collection of the amount allocated for child 
187.25  care expenses.  All provisions of the court order remain in 
187.26  effect even though the public authority suspends collection 
187.27  activities for the amount allocated for child care expenses.  In 
187.28  these and other cases where there is a substantial increase or 
187.29  decrease in child care expenses, the parties may modify the 
187.30  order under section 518.64. 
187.31     The court may allow the obligor parent to care for the 
187.32  child while the obligee parent is working, as provided in 
187.33  section 518.175, subdivision 8, but this is not a reason to 
187.34  deviate from the guidelines. 
187.35     (c) In addition to the child support guidelines, the court 
187.36  shall take into consideration the following factors in setting 
188.1   or modifying child support or in determining whether to deviate 
188.2   from the guidelines: 
188.3      (1) all earnings, income, and resources of the parents, 
188.4   including real and personal property, but excluding income from 
188.5   excess employment of the obligor or obligee that meets the 
188.6   criteria of paragraph (b), clause (2)(ii); 
188.7      (2) the financial needs and resources, physical and 
188.8   emotional condition, and educational needs of the child or 
188.9   children to be supported; 
188.10     (3) the standard of living the child would have enjoyed had 
188.11  the marriage not been dissolved, but recognizing that the 
188.12  parents now have separate households; 
188.13     (4) which parent receives the income taxation dependency 
188.14  exemption and what financial benefit the parent receives from 
188.15  it; 
188.16     (5) the parents' debts as provided in paragraph (d); and 
188.17     (6) the obligor's receipt of public assistance under the 
188.18  AFDC program formerly codified under sections 256.72 to 256.82 
188.19  or 256B.01 to 256B.40 and chapter 256J or 256K.  
188.20     (d) In establishing or modifying a support obligation, the 
188.21  court may consider debts owed to private creditors, but only if: 
188.22     (1) the right to support has not been assigned under 
188.23  section 256.741; 
188.24     (2) the court determines that the debt was reasonably 
188.25  incurred for necessary support of the child or parent or for the 
188.26  necessary generation of income.  If the debt was incurred for 
188.27  the necessary generation of income, the court shall consider 
188.28  only the amount of debt that is essential to the continuing 
188.29  generation of income; and 
188.30     (3) the party requesting a departure produces a sworn 
188.31  schedule of the debts, with supporting documentation, showing 
188.32  goods or services purchased, the recipient of them, the amount 
188.33  of the original debt, the outstanding balance, the monthly 
188.34  payment, and the number of months until the debt will be fully 
188.35  paid. 
188.36     (e) Any schedule prepared under paragraph (d), clause (3), 
189.1   shall contain a statement that the debt will be fully paid after 
189.2   the number of months shown in the schedule, barring emergencies 
189.3   beyond the party's control.  
189.4      (f) Any further departure below the guidelines that is 
189.5   based on a consideration of debts owed to private creditors 
189.6   shall not exceed 18 months in duration, after which the support 
189.7   shall increase automatically to the level ordered by the court.  
189.8   Nothing in this section shall be construed to prohibit one or 
189.9   more step increases in support to reflect debt retirement during 
189.10  the 18-month period.  
189.11     (g) If payment of debt is ordered pursuant to this section, 
189.12  the payment shall be ordered to be in the nature of child 
189.13  support.  
189.14     (h) Nothing shall preclude the court from receiving 
189.15  evidence on the above factors to determine if the guidelines 
189.16  should be exceeded or modified in a particular case.  
189.17     (i) The guidelines in this subdivision are a rebuttable 
189.18  presumption and shall be used in all cases when establishing or 
189.19  modifying child support.  If the court does not deviate from the 
189.20  guidelines, the court shall make written findings concerning the 
189.21  amount of the obligor's income used as the basis for the 
189.22  guidelines calculation and any other significant evidentiary 
189.23  factors affecting the determination of child support.  If the 
189.24  court deviates from the guidelines, the court shall make written 
189.25  findings giving the amount of support calculated under the 
189.26  guidelines, the reasons for the deviation, and shall 
189.27  specifically address the criteria in paragraph (c) and how the 
189.28  deviation serves the best interest of the child.  The court may 
189.29  deviate from the guidelines if both parties agree and the court 
189.30  makes written findings that it is in the best interests of the 
189.31  child, except that in cases where child support payments are 
189.32  assigned to the public agency under section 256.741, the court 
189.33  may deviate downward only as provided in paragraph (j).  Nothing 
189.34  in this paragraph prohibits the court from deviating in other 
189.35  cases.  The provisions of this paragraph apply whether or not 
189.36  the parties are each represented by independent counsel and have 
190.1   entered into a written agreement.  The court shall review 
190.2   stipulations presented to it for conformity to the guidelines 
190.3   and the court is not required to conduct a hearing, but the 
190.4   parties shall provide the documentation of earnings required 
190.5   under subdivision 5b. 
190.6      (j) If the child support payments are assigned to the 
190.7   public agency under section 256.741, the court may not deviate 
190.8   downward from the child support guidelines unless the court 
190.9   specifically finds that the failure to deviate downward would 
190.10  impose an extreme hardship on the obligor. 
190.11     (k) The dollar amount of the income limit for application 
190.12  of the guidelines must be adjusted on July 1 of every 
190.13  even-numbered year to reflect cost-of-living changes.  The 
190.14  supreme court shall select the index for the adjustment from the 
190.15  indices listed in section 518.641.  The state court 
190.16  administrator shall make the changes in the dollar amount 
190.17  required by this paragraph available to courts and the public on 
190.18  or before April 30 of the year in which the amount is to change. 
190.19     (l) In establishing or modifying child support, if a child 
190.20  receives a child's insurance benefit under United States Code, 
190.21  title 42, section 402, because the obligor is entitled to old 
190.22  age or disability insurance benefits, the amount of support 
190.23  ordered shall be offset by the amount of the child's benefit.  
190.24  The court shall make findings regarding the obligor's income 
190.25  from all sources, the child support amount calculated under this 
190.26  section, the amount of the child's benefit, and the obligor's 
190.27  child support obligation.  Any benefit received by the child in 
190.28  a given month in excess of the child support obligation shall 
190.29  not be treated as an arrearage payment or a future payment. 
190.30     Sec. 7.  Minnesota Statutes 2002, section 518.551, 
190.31  subdivision 12, is amended to read: 
190.32     Subd. 12.  [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 
190.33  motion of an obligee, if the court finds that the obligor is or 
190.34  may be licensed by a licensing board listed in section 214.01 or 
190.35  other state, county, or municipal agency or board that issues an 
190.36  occupational license and the obligor is in arrears in 
191.1   court-ordered child support or maintenance payments or both in 
191.2   an amount equal to or greater than three times the obligor's 
191.3   total monthly support and maintenance payments and is not in 
191.4   compliance with a written payment agreement pursuant to section 
191.5   518.553 that is approved by the court, a child support 
191.6   magistrate, or the public authority, the court shall direct the 
191.7   licensing board or other licensing agency to suspend the license 
191.8   under section 214.101.  The court's order must be stayed for 90 
191.9   days in order to allow the obligor to execute a written payment 
191.10  agreement pursuant to section 518.553.  The payment agreement 
191.11  must be approved by either the court or the public authority 
191.12  responsible for child support enforcement.  If the obligor has 
191.13  not executed or is not in compliance with a written payment 
191.14  agreement pursuant to section 518.553 after the 90 days expires, 
191.15  the court's order becomes effective.  If the obligor is a 
191.16  licensed attorney, the court shall report the matter to the 
191.17  lawyers professional responsibility board for appropriate action 
191.18  in accordance with the rules of professional conduct.  The 
191.19  remedy under this subdivision is in addition to any other 
191.20  enforcement remedy available to the court. 
191.21     (b) If a public authority responsible for child support 
191.22  enforcement finds that the obligor is or may be licensed by a 
191.23  licensing board listed in section 214.01 or other state, county, 
191.24  or municipal agency or board that issues an occupational license 
191.25  and the obligor is in arrears in court-ordered child support or 
191.26  maintenance payments or both in an amount equal to or greater 
191.27  than three times the obligor's total monthly support and 
191.28  maintenance payments and is not in compliance with a written 
191.29  payment agreement pursuant to section 518.553 that is approved 
191.30  by the court, a child support magistrate, or the public 
191.31  authority, the court or the public authority shall direct the 
191.32  licensing board or other licensing agency to suspend the license 
191.33  under section 214.101.  If the obligor is a licensed attorney, 
191.34  the public authority may report the matter to the lawyers 
191.35  professional responsibility board for appropriate action in 
191.36  accordance with the rules of professional conduct.  The remedy 
192.1   under this subdivision is in addition to any other enforcement 
192.2   remedy available to the public authority. 
192.3      (c) At least 90 days before notifying a licensing authority 
192.4   or the lawyers professional responsibility board under paragraph 
192.5   (b), the public authority shall mail a written notice to the 
192.6   license holder addressed to the license holder's last known 
192.7   address that the public authority intends to seek license 
192.8   suspension under this subdivision and that the license holder 
192.9   must request a hearing within 30 days in order to contest the 
192.10  suspension.  If the license holder makes a written request for a 
192.11  hearing within 30 days of the date of the notice, a court 
192.12  hearing or a hearing under section 484.702 must be held.  
192.13  Notwithstanding any law to the contrary, the license holder must 
192.14  be served with 14 days' notice in writing specifying the time 
192.15  and place of the hearing and the allegations against the license 
192.16  holder.  The notice may be served personally or by mail.  If the 
192.17  public authority does not receive a request for a hearing within 
192.18  30 days of the date of the notice, and the obligor does not 
192.19  execute a written payment agreement pursuant to section 518.553 
192.20  that is approved by the public authority within 90 days of the 
192.21  date of the notice, the public authority shall direct the 
192.22  licensing board or other licensing agency to suspend the 
192.23  obligor's license under paragraph (b), or shall report the 
192.24  matter to the lawyers professional responsibility board. 
192.25     (d) The public authority or the court shall notify the 
192.26  lawyers professional responsibility board for appropriate action 
192.27  in accordance with the rules of professional responsibility 
192.28  conduct or order the licensing board or licensing agency to 
192.29  suspend the license if the judge finds that: 
192.30     (1) the person is licensed by a licensing board or other 
192.31  state agency that issues an occupational license; 
192.32     (2) the person has not made full payment of arrearages 
192.33  found to be due by the public authority; and 
192.34     (3) the person has not executed or is not in compliance 
192.35  with a payment plan approved by the court, a child support 
192.36  magistrate, or the public authority. 
193.1      (e) Within 15 days of the date on which the obligor either 
193.2   makes full payment of arrearages found to be due by the court or 
193.3   public authority or executes and initiates good faith compliance 
193.4   with a written payment plan approved by the court, a child 
193.5   support magistrate, or the public authority, the court, a child 
193.6   support magistrate, or the public authority responsible for 
193.7   child support enforcement shall notify the licensing board or 
193.8   licensing agency or the lawyers professional responsibility 
193.9   board that the obligor is no longer ineligible for license 
193.10  issuance, reinstatement, or renewal under this subdivision. 
193.11     (f) In addition to the criteria established under this 
193.12  section for the suspension of an obligor's occupational license, 
193.13  a court, a child support magistrate, or the public authority may 
193.14  direct the licensing board or other licensing agency to suspend 
193.15  the license of a party who has failed, after receiving notice, 
193.16  to comply with a subpoena relating to a paternity or child 
193.17  support proceeding.  Notice to an obligor of intent to suspend 
193.18  must be served by first class mail at the obligor's last known 
193.19  address.  The notice must inform the obligor of the right to 
193.20  request a hearing.  If the obligor makes a written request 
193.21  within ten days of the date of the hearing, a hearing must be 
193.22  held.  At the hearing, the only issues to be considered are 
193.23  mistake of fact and whether the obligor received the subpoena. 
193.24     (g) The license of an obligor who fails to remain in 
193.25  compliance with an approved written payment agreement may be 
193.26  suspended.  Notice to the obligor of an intent to suspend under 
193.27  this paragraph must be served by first class mail at the 
193.28  obligor's last known address and must include a notice of 
193.29  hearing.  The notice must be served upon the obligor not less 
193.30  than ten days before the date of the hearing.  Prior to 
193.31  suspending a license for noncompliance with an approved written 
193.32  payment agreement, the public authority must mail to the 
193.33  obligor's last known address a written notice that (1) it 
193.34  intends to seek suspension of the obligor's occupational license 
193.35  under this paragraph, and (2) the obligor must request a 
193.36  hearing, within 30 days of the date of the notice, to contest 
194.1   the suspension.  If, within 30 days of the date of the notice, 
194.2   the public authority does not receive a written request for a 
194.3   hearing and the obligor does not comply with an approved written 
194.4   payment agreement, the public authority must direct the 
194.5   licensing board or other licensing agency to suspend the 
194.6   obligor's license under paragraph (b), and, if the obligor is a 
194.7   licensed attorney, must report the matter to the lawyers 
194.8   professional responsibility board.  If the obligor makes a 
194.9   written request for a hearing within 30 days of the date of the 
194.10  notice, a court hearing must be held.  Notwithstanding any law 
194.11  to the contrary, the obligor must be served with 14 days' notice 
194.12  in writing specifying the time and place of the hearing and the 
194.13  allegations against the obligor.  The notice may be served 
194.14  personally or by mail to the obligor's last known address.  If 
194.15  the obligor appears at the hearing and the judge court 
194.16  determines that the obligor has failed to comply with an 
194.17  approved written payment agreement, the judge shall court or 
194.18  public authority must notify the occupational licensing board or 
194.19  other licensing agency to suspend the obligor's license under 
194.20  paragraph (c) (b) and, if the obligor is a licensed attorney, 
194.21  must report the matter to the lawyers professional 
194.22  responsibility board.  If the obligor fails to appear at the 
194.23  hearing, the public authority may court or public authority must 
194.24  notify the occupational or licensing board or other licensing 
194.25  agency to suspend the obligor's license under paragraph (c) (b), 
194.26  and if the obligor is a licensed attorney, must report the 
194.27  matter to the lawyers professional responsibility board. 
194.28     Sec. 8.  Minnesota Statutes 2002, section 518.551, 
194.29  subdivision 13, is amended to read: 
194.30     Subd. 13.  [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 
194.31  of an obligee, which has been properly served on the obligor and 
194.32  upon which there has been an opportunity for hearing, if a court 
194.33  finds that the obligor has been or may be issued a driver's 
194.34  license by the commissioner of public safety and the obligor is 
194.35  in arrears in court-ordered child support or maintenance 
194.36  payments, or both, in an amount equal to or greater than three 
195.1   times the obligor's total monthly support and maintenance 
195.2   payments and is not in compliance with a written payment 
195.3   agreement pursuant to section 518.553 that is approved by the 
195.4   court, a child support magistrate, or the public authority, the 
195.5   court shall order the commissioner of public safety to suspend 
195.6   the obligor's driver's license.  The court's order must be 
195.7   stayed for 90 days in order to allow the obligor to execute a 
195.8   written payment agreement pursuant to section 518.553.  The 
195.9   payment agreement must be approved by either the court or the 
195.10  public authority responsible for child support enforcement.  If 
195.11  the obligor has not executed or is not in compliance with a 
195.12  written payment agreement pursuant to section 518.553 after the 
195.13  90 days expires, the court's order becomes effective and the 
195.14  commissioner of public safety shall suspend the obligor's 
195.15  driver's license.  The remedy under this subdivision is in 
195.16  addition to any other enforcement remedy available to the 
195.17  court.  An obligee may not bring a motion under this paragraph 
195.18  within 12 months of a denial of a previous motion under this 
195.19  paragraph. 
195.20     (b) If a public authority responsible for child support 
195.21  enforcement determines that the obligor has been or may be 
195.22  issued a driver's license by the commissioner of public safety 
195.23  and the obligor is in arrears in court-ordered child support or 
195.24  maintenance payments or both in an amount equal to or greater 
195.25  than three times the obligor's total monthly support and 
195.26  maintenance payments and not in compliance with a written 
195.27  payment agreement pursuant to section 518.553 that is approved 
195.28  by the court, a child support magistrate, or the public 
195.29  authority, the public authority shall direct the commissioner of 
195.30  public safety to suspend the obligor's driver's license.  The 
195.31  remedy under this subdivision is in addition to any other 
195.32  enforcement remedy available to the public authority. 
195.33     (c) At least 90 days prior to notifying the commissioner of 
195.34  public safety according to paragraph (b), the public authority 
195.35  must mail a written notice to the obligor at the obligor's last 
195.36  known address, that it intends to seek suspension of the 
196.1   obligor's driver's license and that the obligor must request a 
196.2   hearing within 30 days in order to contest the suspension.  If 
196.3   the obligor makes a written request for a hearing within 30 days 
196.4   of the date of the notice, a court hearing must be held.  
196.5   Notwithstanding any law to the contrary, the obligor must be 
196.6   served with 14 days' notice in writing specifying the time and 
196.7   place of the hearing and the allegations against the obligor.  
196.8   The notice must include information that apprises the obligor of 
196.9   the requirement to develop a written payment agreement that is 
196.10  approved by a court, a child support magistrate, or the public 
196.11  authority responsible for child support enforcement regarding 
196.12  child support, maintenance, and any arrearages in order to avoid 
196.13  license suspension.  The notice may be served personally or by 
196.14  mail.  If the public authority does not receive a request for a 
196.15  hearing within 30 days of the date of the notice, and the 
196.16  obligor does not execute a written payment agreement pursuant to 
196.17  section 518.553 that is approved by the public authority within 
196.18  90 days of the date of the notice, the public authority shall 
196.19  direct the commissioner of public safety to suspend the 
196.20  obligor's driver's license under paragraph (b). 
196.21     (d) At a hearing requested by the obligor under paragraph 
196.22  (c), and on finding that the obligor is in arrears in 
196.23  court-ordered child support or maintenance payments or both in 
196.24  an amount equal to or greater than three times the obligor's 
196.25  total monthly support and maintenance payments, the district 
196.26  court or child support magistrate shall order the commissioner 
196.27  of public safety to suspend the obligor's driver's license or 
196.28  operating privileges unless the court or child support 
196.29  magistrate determines that the obligor has executed and is in 
196.30  compliance with a written payment agreement pursuant to section 
196.31  518.553 that is approved by the court, a child support 
196.32  magistrate, or the public authority. 
196.33     (e) An obligor whose driver's license or operating 
196.34  privileges are suspended may: 
196.35     (1) provide proof to the public authority responsible for 
196.36  child support enforcement that the obligor is in compliance with 
197.1   all written payment agreements pursuant to section 518.553; 
197.2      (2) bring a motion for reinstatement of the driver's 
197.3   license.  At the hearing, if the court or child support 
197.4   magistrate orders reinstatement of the driver's license, the 
197.5   court or child support magistrate must establish a written 
197.6   payment agreement pursuant to section 518.553; or 
197.7      (3) seek a limited license under section 171.30.  A limited 
197.8   license issued to an obligor under section 171.30 expires 90 
197.9   days after the date it is issued.  
197.10     Within 15 days of the receipt of that proof or a court 
197.11  order, the public authority shall inform the commissioner of 
197.12  public safety that the obligor's driver's license or operating 
197.13  privileges should no longer be suspended. 
197.14     (f) On January 15, 1997, and every two years after that, 
197.15  the commissioner of human services shall submit a report to the 
197.16  legislature that identifies the following information relevant 
197.17  to the implementation of this section: 
197.18     (1) the number of child support obligors notified of an 
197.19  intent to suspend a driver's license; 
197.20     (2) the amount collected in payments from the child support 
197.21  obligors notified of an intent to suspend a driver's license; 
197.22     (3) the number of cases paid in full and payment agreements 
197.23  executed in response to notification of an intent to suspend a 
197.24  driver's license; 
197.25     (4) the number of cases in which there has been 
197.26  notification and no payments or payment agreements; 
197.27     (5) the number of driver's licenses suspended; 
197.28     (6) the cost of implementation and operation of the 
197.29  requirements of this section; and 
197.30     (7) the number of limited licenses issued and number of 
197.31  cases in which payment agreements are executed and cases are 
197.32  paid in full following issuance of a limited license. 
197.33     (g) In addition to the criteria established under this 
197.34  section for the suspension of an obligor's driver's license, a 
197.35  court, a child support magistrate, or the public authority may 
197.36  direct the commissioner of public safety to suspend the license 
198.1   of a party who has failed, after receiving notice, to comply 
198.2   with a subpoena relating to a paternity or child support 
198.3   proceeding.  Notice to an obligor of intent to suspend must be 
198.4   served by first class mail at the obligor's last known address.  
198.5   The notice must inform the obligor of the right to request a 
198.6   hearing.  If the obligor makes a written request within ten days 
198.7   of the date of the hearing, a hearing must be held.  At the 
198.8   hearing, the only issues to be considered are mistake of fact 
198.9   and whether the obligor received the subpoena. 
198.10     (h) The license of an obligor who fails to remain in 
198.11  compliance with an approved written payment agreement may be 
198.12  suspended.  Notice to the obligor of an intent to suspend under 
198.13  this paragraph must be served by first class mail at the 
198.14  obligor's last known address and must include a notice of 
198.15  hearing.  The notice must be served upon the obligor not less 
198.16  than ten days before the date of the hearing.  Prior to 
198.17  suspending a license for noncompliance with an approved written 
198.18  payment agreement, the public authority must mail to the 
198.19  obligor's last known address a written notice that (1) it 
198.20  intends to seek suspension of the obligor's driver's license 
198.21  under this paragraph, and (2) the obligor must request a 
198.22  hearing, within 30 days of the date of the notice, to contest 
198.23  the suspension.  If, within 30 days of the date of the notice, 
198.24  the public authority does not receive a written request for a 
198.25  hearing and the obligor does not comply with an approved written 
198.26  payment agreement, the public authority must direct the 
198.27  department of public safety to suspend the obligor's license 
198.28  under paragraph (b).  If the obligor makes a written request for 
198.29  a hearing within 30 days of the date of the notice, a court 
198.30  hearing must be held.  Notwithstanding any law to the contrary, 
198.31  the obligor must be served with 14 days' notice in writing 
198.32  specifying the time and place of the hearing and the allegations 
198.33  against the obligor.  The notice may be served personally or by 
198.34  mail at the obligor's last known address.  If the obligor 
198.35  appears at the hearing and the judge court determines that the 
198.36  obligor has failed to comply with an approved written payment 
199.1   agreement, the judge court or public authority shall notify the 
199.2   department of public safety to suspend the obligor's license 
199.3   under paragraph (c) (b).  If the obligor fails to appear at the 
199.4   hearing, the public authority may court or public authority must 
199.5   notify the department of public safety to suspend the obligor's 
199.6   license under paragraph (c) (b). 
199.7      Sec. 9.  Minnesota Statutes 2002, section 518.6111, 
199.8   subdivision 7, is amended to read: 
199.9      Subd. 7.  [SUBSEQUENT INCOME WITHHOLDING.] (a) This 
199.10  subdivision applies to support orders that do not contain 
199.11  provisions for income withholding. 
199.12     (b) For cases in which the public authority is providing 
199.13  child support enforcement services to the parties, the income 
199.14  withholding under this subdivision shall take effect without 
199.15  prior judicial notice to the obligor and without the need for 
199.16  judicial or administrative hearing.  Withholding shall result 
199.17  when: 
199.18     (1) the obligor requests it in writing to the public 
199.19  authority; 
199.20     (2) the obligee or obligor serves on the public authority a 
199.21  copy of the notice of income withholding, a copy of the court's 
199.22  order, an application, and the fee to use the public authority's 
199.23  collection services; or 
199.24     (3) the public authority commences withholding according to 
199.25  section 518.5513, subdivision 6 5, paragraph (a), clause (5).  
199.26     (c) For cases in which the public authority is not 
199.27  providing child support services to the parties, income 
199.28  withholding under this subdivision shall take effect when an 
199.29  obligee requests it by making a written motion to the court and 
199.30  the court finds that previous support has not been paid on a 
199.31  timely consistent basis or that the obligor has threatened 
199.32  expressly or otherwise to stop or reduce payments. 
199.33     (d) Within two days after the public authority commences 
199.34  withholding under this subdivision, the public authority shall 
199.35  send to the obligor at the obligor's last known address, notice 
199.36  that withholding has commenced.  The notice shall include the 
200.1   information provided to the payor of funds in the notice of 
200.2   withholding. 
200.3      Sec. 10.  Minnesota Statutes 2002, section 518.68, 
200.4   subdivision 2, is amended to read: 
200.5      Subd. 2.  [CONTENTS.] The required notices must be 
200.6   substantially as follows: 
200.7                           IMPORTANT NOTICE 
200.8   1.  PAYMENTS TO PUBLIC AGENCY 
200.9      According to Minnesota Statutes, section 518.551, 
200.10     subdivision 1, payments ordered for maintenance and support 
200.11     must be paid to the public agency responsible for child 
200.12     support enforcement as long as the person entitled to 
200.13     receive the payments is receiving or has applied for public 
200.14     assistance or has applied for support and maintenance 
200.15     collection services.  MAIL PAYMENTS TO: 
200.16  2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
200.17  FELONY 
200.18     A person may be charged with a felony who conceals a minor 
200.19     child or takes, obtains, retains, or fails to return a 
200.20     minor child from or to the child's parent (or person with 
200.21     custodial or visitation rights), according to Minnesota 
200.22     Statutes, section 609.26.  A copy of that section is 
200.23     available from any district court clerk. 
200.24  3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 
200.25     A person who fails to pay court-ordered child support or 
200.26     maintenance may be charged with a crime, which may include 
200.27     misdemeanor, gross misdemeanor, or felony charges, 
200.28     according to Minnesota Statutes, section 609.375.  A copy 
200.29     of that section is available from any district court clerk. 
200.30  4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 
200.31     (a) Payment of support or spousal maintenance is to be as 
200.32     ordered, and the giving of gifts or making purchases of 
200.33     food, clothing, and the like will not fulfill the 
200.34     obligation. 
200.35     (b) Payment of support must be made as it becomes due, and 
200.36     failure to secure or denial of parenting time is NOT an 
201.1      excuse for nonpayment, but the aggrieved party must seek 
201.2      relief through a proper motion filed with the court. 
201.3      (c) Nonpayment of support is not grounds to deny parenting 
201.4      time.  The party entitled to receive support may apply for 
201.5      support and collection services, file a contempt motion, or 
201.6      obtain a judgment as provided in Minnesota Statutes, 
201.7      section 548.091.  
201.8      (d) The payment of support or spousal maintenance takes 
201.9      priority over payment of debts and other obligations. 
201.10     (e) A party who accepts additional obligations of support 
201.11     does so with the full knowledge of the party's prior 
201.12     obligation under this proceeding. 
201.13     (f) Child support or maintenance is based on annual income, 
201.14     and it is the responsibility of a person with seasonal 
201.15     employment to budget income so that payments are made 
201.16     throughout the year as ordered. 
201.17     (g) If the obligor is laid off from employment or receives 
201.18     a pay reduction, support may be reduced, but only if a 
201.19     motion to reduce the support is served and filed with the 
201.20     court.  Any reduction will take effect only if ordered by 
201.21     the court and may only relate back to the time that the 
201.22     motion is filed.  If a motion is not filed, the support 
201.23     obligation will continue at the current level.  The court 
201.24     is not permitted to reduce support retroactively, except as 
201.25     provided in Minnesota Statutes, section 518.64, subdivision 
201.26     2, paragraph (c).  
201.27     (h) Reasonable parenting time guidelines are contained in 
201.28     Appendix B, which is available from the court administrator.
201.29     (i) The nonpayment of support may be enforced through the 
201.30     denial of student grants; interception of state and federal 
201.31     tax refunds; suspension of driver's, recreational, and 
201.32     occupational licenses; referral to the department of 
201.33     revenue or private collection agencies; seizure of assets, 
201.34     including bank accounts and other assets held by financial 
201.35     institutions; reporting to credit bureaus; interest 
201.36     charging, income withholding, and contempt proceedings; and 
202.1      other enforcement methods allowed by law.  
202.2      (j) The public authority may suspend or resume collection 
202.3      of the amount allocated for child care expenses if the 
202.4      conditions of Minnesota Statutes, section 518.551, 
202.5      subdivision 5, paragraph (b), are met. 
202.6   5.  PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 
202.7   SUBDIVISION 3 
202.8      Unless otherwise provided by the Court: 
202.9      (a) Each party has the right of access to, and to receive 
202.10     copies of, school, medical, dental, religious training, and 
202.11     other important records and information about the minor 
202.12     children.  Each party has the right of access to 
202.13     information regarding health or dental insurance available 
202.14     to the minor children.  Presentation of a copy of this 
202.15     order to the custodian of a record or other information 
202.16     about the minor children constitutes sufficient 
202.17     authorization for the release of the record or information 
202.18     to the requesting party. 
202.19     (b) Each party shall keep the other informed as to the name 
202.20     and address of the school of attendance of the minor 
202.21     children.  Each party has the right to be informed by 
202.22     school officials about the children's welfare, educational 
202.23     progress and status, and to attend school and parent 
202.24     teacher conferences.  The school is not required to hold a 
202.25     separate conference for each party. 
202.26     (c) In case of an accident or serious illness of a minor 
202.27     child, each party shall notify the other party of the 
202.28     accident or illness, and the name of the health care 
202.29     provider and the place of treatment. 
202.30     (d) Each party has the right of reasonable access and 
202.31     telephone contact with the minor children. 
202.32  6.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
202.33     Child support and/or spousal maintenance may be withheld 
202.34     from income, with or without notice to the person obligated 
202.35     to pay, when the conditions of Minnesota Statutes, section 
202.36     518.6111 have been met.  A copy of those sections is 
203.1      available from any district court clerk. 
203.2   7.  CHANGE OF ADDRESS OR RESIDENCE 
203.3      Unless otherwise ordered, each party shall notify the other 
203.4      party, the court, and the public authority responsible for 
203.5      collection, if applicable, of the following information 
203.6      within ten days of any change:  the residential and mailing 
203.7      address, telephone number, driver's license number, social 
203.8      security number, and name, address, and telephone number of 
203.9      the employer. 
203.10  8.  COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 
203.11     Child support and/or spousal maintenance may be adjusted 
203.12     every two years based upon a change in the cost of living 
203.13     (using Department of Labor Consumer Price Index .........., 
203.14     unless otherwise specified in this order) when the 
203.15     conditions of Minnesota Statutes, section 518.641, are met. 
203.16     Cost of living increases are compounded.  A copy of 
203.17     Minnesota Statutes, section 518.641, and forms necessary to 
203.18     request or contest a cost of living increase are available 
203.19     from any district court clerk. 
203.20  9.  JUDGMENTS FOR UNPAID SUPPORT 
203.21     If a person fails to make a child support payment, the 
203.22     payment owed becomes a judgment against the person 
203.23     responsible to make the payment by operation of law on or 
203.24     after the date the payment is due, and the person entitled 
203.25     to receive the payment or the public agency may obtain 
203.26     entry and docketing of the judgment WITHOUT NOTICE to the 
203.27     person responsible to make the payment under Minnesota 
203.28     Statutes, section 548.091.  Interest begins to accrue on a 
203.29     payment or installment of child support whenever the unpaid 
203.30     amount due is greater than the current support due, 
203.31     according to Minnesota Statutes, section 548.091, 
203.32     subdivision 1a.  
203.33  10.  JUDGMENTS FOR UNPAID MAINTENANCE 
203.34     A judgment for unpaid spousal maintenance may be entered 
203.35     when the conditions of Minnesota Statutes, section 548.091, 
203.36     are met.  A copy of that section is available from any 
204.1      district court clerk. 
204.2   11.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
204.3   SUPPORT 
204.4      A judgment for attorney fees and other collection costs 
204.5      incurred in enforcing a child support order will be entered 
204.6      against the person responsible to pay support when the 
204.7      conditions of section 518.14, subdivision 2, are met.  A 
204.8      copy of section 518.14 and forms necessary to request or 
204.9      contest these attorney fees and collection costs are 
204.10     available from any district court clerk. 
204.11  12.  PARENTING TIME EXPEDITOR PROCESS 
204.12     On request of either party or on its own motion, the court 
204.13     may appoint a parenting time expeditor to resolve parenting 
204.14     time disputes under Minnesota Statutes, section 518.1751.  
204.15     A copy of that section and a description of the expeditor 
204.16     process is available from any district court clerk. 
204.17  13.  PARENTING TIME REMEDIES AND PENALTIES 
204.18     Remedies and penalties for the wrongful denial of parenting 
204.19     time are available under Minnesota Statutes, section 
204.20     518.175, subdivision 6.  These include compensatory 
204.21     parenting time; civil penalties; bond requirements; 
204.22     contempt; and reversal of custody.  A copy of that 
204.23     subdivision and forms for requesting relief are available 
204.24     from any district court clerk. 
204.25     Sec. 11.  Minnesota Statutes 2002, section 548.091, 
204.26  subdivision 1a, is amended to read: 
204.27     Subd. 1a.  [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.] 
204.28  (a) Any payment or installment of support required by a judgment 
204.29  or decree of dissolution or legal separation, determination of 
204.30  parentage, an order under chapter 518C, an order under section 
204.31  256.87, or an order under section 260B.331 or 260C.331, that is 
204.32  not paid or withheld from the obligor's income as required under 
204.33  section 518.6111, or which is ordered as child support by 
204.34  judgment, decree, or order by a court in any other state, is a 
204.35  judgment by operation of law on and after the date it is due, is 
204.36  entitled to full faith and credit in this state and any other 
205.1   state, and shall be entered and docketed by the court 
205.2   administrator on the filing of affidavits as provided in 
205.3   subdivision 2a.  Except as otherwise provided by paragraph (b), 
205.4   interest accrues from the date the unpaid amount due is greater 
205.5   than the current support due at the annual rate provided in 
205.6   section 549.09, subdivision 1, plus two percent, not to exceed 
205.7   an annual rate of 18 percent.  A payment or installment of 
205.8   support that becomes a judgment by operation of law between the 
205.9   date on which a party served notice of a motion for modification 
205.10  under section 518.64, subdivision 2, and the date of the court's 
205.11  order on modification may be modified under that subdivision. 
205.12     (b) Notwithstanding the provisions of section 549.09, upon 
205.13  motion to the court and upon proof by the obligor of 36 12 
205.14  consecutive months of complete and timely payments of both 
205.15  current support and court-ordered paybacks of a child support 
205.16  debt or arrearage, the court may order interest on the remaining 
205.17  debt or arrearage to stop accruing.  Timely payments are those 
205.18  made in the month in which they are due.  If, after that time, 
205.19  the obligor fails to make complete and timely payments of both 
205.20  current support and court-ordered paybacks of child support debt 
205.21  or arrearage, the public authority or the obligee may move the 
205.22  court for the reinstatement of interest as of the month in which 
205.23  the obligor ceased making complete and timely payments. 
205.24     The court shall provide copies of all orders issued under 
205.25  this section to the public authority.  The state court 
205.26  administrator shall prepare and make available to the court and 
205.27  the parties forms to be submitted by the parties in support of a 
205.28  motion under this paragraph. 
205.29     (c) Notwithstanding the provisions of section 549.09, upon 
205.30  motion to the court, the court may order interest on a child 
205.31  support debt or arrearage to stop accruing where the court finds 
205.32  that the obligor is: 
205.33     (1) unable to pay support because of a significant physical 
205.34  or mental disability; 
205.35     (2) a recipient of Supplemental Security Income (SSI), 
205.36  Title II Older Americans Survivor's Disability Insurance 
206.1   (OASDI), other disability benefits, or public assistance based 
206.2   upon need; or 
206.3      (3) institutionalized or incarcerated for at least 30 days 
206.4   for an offense other than nonsupport of the child or children 
206.5   involved, and is otherwise financially unable to pay support. 
206.6      If the conditions in this subsection no longer exist, upon 
206.7   motion to the court, the court may order interest accrual to 
206.8   resume retroactive to the date of service of the motion to 
206.9   resume the accrual of interest. 
206.10     Sec. 12.  Minnesota Statutes 2002, section 552.01, 
206.11  subdivision 2, is amended to read: 
206.12     Subd. 2.  [PUBLIC AUTHORITY.] "Public authority" means the 
206.13  public authority in any state, U.S. territory, or tribal 
206.14  jurisdiction responsible for child support enforcement.  
206.15     Sec. 13.  Minnesota Statutes 2002, section 552.01, 
206.16  subdivision 3, is amended to read: 
206.17     Subd. 3.  [JUDGMENT DEBTOR.] "Judgment debtor" means an 
206.18  obligor against whom the public authority has a judgment exists 
206.19  for the recovery of money owed pursuant to a support order as 
206.20  defined in section 518.54.  
206.21     Sec. 14.  Minnesota Statutes 2002, section 552.01, 
206.22  subdivision 5, is amended to read: 
206.23     Subd. 5.  [CLAIM.] "Claim" means the unpaid balance of 
206.24  the public authority's judgment against the judgment debtor, 
206.25  including all lawful interest and costs incurred. 
206.26     Sec. 15.  Minnesota Statutes 2002, section 552.01, 
206.27  subdivision 7, is amended to read: 
206.28     Subd. 7.  [JUDGMENT.] "Judgment" means a child support 
206.29  judgment by operation of law under section 548.09 or 548.091, 
206.30  subdivision 1a whether or not entered and docketed, or under a 
206.31  proceeding under section 548.091, subdivision 2a obtained by the 
206.32  public authority of another state under that state's 
206.33  jurisdiction by a law or similar process. 
206.34     Sec. 16.  Minnesota Statutes 2002, section 552.04, 
206.35  subdivision 15, is amended to read: 
206.36     Subd. 15.  [APPEAL.] A party to an execution proceeding 
207.1   aggrieved by an order or final judgment may appeal as allowed by 
207.2   law in the jurisdiction of the initiating public authority.  
207.3      Sec. 17.  Minnesota Statutes 2002, section 552.06, 
207.4   subdivision 1, is amended to read: 
207.5      Subdivision 1.  [COMMENCEMENT OF SUMMARY EXECUTION.] (a) 
207.6   This section applies to a judgment debtor who is in arrears in 
207.7   court-ordered support payments in an amount equal to or greater 
207.8   than five times the judgment debtor's total support order.  
207.9      (b) Section 518.5513 applies to this section, except if it 
207.10  conflicts with the specific provisions of this section, this 
207.11  section applies.  
207.12     (c) Time frames set out in the Rules of Civil Procedure 
207.13  that are inconsistent with this section do not apply to this 
207.14  section.  
207.15     (d) The public authority may not proceed with a summary 
207.16  execution of support judgment proceeding: 
207.17     (1) if the judgment debtor is in compliance with a 
207.18  previously executed written payment agreement approved by the 
207.19  public authority or the court; and 
207.20     (2) until after the judgment has been submitted for federal 
207.21  or state tax intercept. 
207.22     (e) Upon receipt of information under section 13B.06 or if 
207.23  initiated by the public authority of another jurisdiction, upon 
207.24  information obtained pursuant to similar law in that public 
207.25  authority's jurisdiction, that a judgment debtor holds an 
207.26  account at the financial institution, the public authority may 
207.27  send the financial institution a notice of support judgment levy.
207.28     (f) The support judgment levy and accompanying 
207.29  documentation must contain the name of the judgment debtor, the 
207.30  judgment debtor's social security number, any necessary 
207.31  verifying information, the amount of the judgment, and the 
207.32  procedures necessary for the financial institution to process 
207.33  the notice of support judgment levy and complete the disclosure 
207.34  form.  
207.35     (g) Notice of support judgment levy under this section 
207.36  commences without notice to the judgment debtor and without the 
208.1   need for prior judicial notice or hearing.  
208.2      (h) Within three business days after the public authority 
208.3   sends the notice of support judgment levy to the financial 
208.4   institution, the public authority shall send the judgment debtor 
208.5   a copy of the notice of support judgment levy by first class 
208.6   mail at the judgment debtor's last known address.  In addition 
208.7   to the copy of the notice of support judgment levy, information 
208.8   must be provided that describes the exemptions a judgment debtor 
208.9   may claim and the form and procedure for claiming an exemption, 
208.10  the informal resolution process, the responsibilities of the 
208.11  judgment debtor, and the procedure and time frames to contest 
208.12  the levy.  
208.13     Sec. 18.  Minnesota Statutes 2002, section 552.06, 
208.14  subdivision 2, is amended to read: 
208.15     Subd. 2.  [RESPONSIBILITIES OF THE FINANCIAL INSTITUTION.] 
208.16  (a) Upon receipt by the financial institution of a notice of 
208.17  support judgment levy, the financial institution shall seize all 
208.18  funds up to and including the amount contained in the notice 
208.19  from the judgment debtor's account. 
208.20     (b) Forty-five days after receiving the levy, the financial 
208.21  institution shall complete the notice of support judgment levy 
208.22  and disclosure form and forward it together with the amount 
208.23  indicated on line 8 of the disclosure form, not to exceed the 
208.24  total amount seized, to the public authority at the address 
208.25  indicated in the notice of support judgment levy. 
208.26     (c) When the judgment debtor and the public authority 
208.27  informally resolve a dispute under subdivision 3 and the public 
208.28  authority sends a notice of release to the financial 
208.29  institution, the financial institution shall release seized 
208.30  funds in accordance with the notice of release. 
208.31     (d) If the financial institution receives notice of a 
208.32  contest of the summary execution of support judgment, the 
208.33  financial institution shall continue to hold the funds during 
208.34  the period of contest inclusive of any applicable appeal period 
208.35  and, upon receipt of notice to release from the public 
208.36  authority, shall send the lesser of the amount indicated in the 
209.1   notice of release, or the amount indicated on line 8 of the 
209.2   notice of support judgment levy and disclosure form not to 
209.3   exceed the total amount seized. 
209.4      (e) If a judgment debtor has multiple accounts within the 
209.5   financial institution, the financial institution shall seize 
209.6   funds in as many accounts of the judgment debtor as is necessary 
209.7   to equal the amount contained in the notice of support judgment 
209.8   levy.  
209.9      (f) A financial institution that receives more than one 
209.10  notice of support judgment levy under this section shall 
209.11  withhold sufficient funds to satisfy all notices of support 
209.12  judgment levy, if possible. 
209.13     (g) The Consumer Credit Protection Act, United States Code, 
209.14  title 15, section 1673(b), does not apply to funds withheld by a 
209.15  financial institution under this section.  
209.16     (h) The public authority initiating the levy shall pay a 
209.17  fee of $15 per levy to the financial institution.  Financial 
209.18  institutions and the commissioner of human services shall 
209.19  establish procedures to automate the payment of this fee to the 
209.20  maximum extent possible for levies initiated by the public 
209.21  authority of this state.  The fee may be recovered by the public 
209.22  authority from the judgment debtor as an allowable cost. 
209.23     (i) No financial institution is liable for damages for 
209.24  complying with this section.  The financial institution may rely 
209.25  on the date of mailing or delivery of a notice to it in 
209.26  computing any time periods in this section. 
209.27     Sec. 19.  Minnesota Statutes 2002, section 552.06, 
209.28  subdivision 5, is amended to read: 
209.29     Subd. 5.  [EXEMPTION AND CONTEST.] (a)  [PROCESS TO CLAIM 
209.30  EXEMPTION.] If the judgment debtor elects to claim an exemption, 
209.31  the judgment debtor shall complete the applicable portion of the 
209.32  exemption form, sign it under penalty of perjury, and deliver 
209.33  one copy to the public authority within 20 calendar days of the 
209.34  date postmarked on the correspondence mailed to the judgment 
209.35  debtor.  Failure of the judgment debtor to deliver the executed 
209.36  exemption does not constitute a waiver of any claimed right to 
210.1   an exemption.  Upon timely receipt of a claim of exemption by 
210.2   the public authority, funds not claimed to be exempt by the 
210.3   judgment debtor remain subject to the support judgment levy.  If 
210.4   a claim of exemption is resolved informally, the public 
210.5   authority shall proceed according to subdivision 3.  
210.6      (b)  [PROCESS TO CONTEST.] (1) The judgment debtor may 
210.7   contest a support judgment levy on the limited grounds that the 
210.8   seizure or the amount seized is improper due to mistake of fact 
210.9   or that the funds held in the account are exempt from levy for 
210.10  child support purposes under state or federal law. 
210.11     (2) If the judgment debtor chooses to contest the 
210.12  withholding levy is initiated by the public authority of this 
210.13  state, within 30 calendar days of notice of support judgment 
210.14  levy, the debtor shall: 
210.15     (i) file a motion with the court administrator in the 
210.16  county where the support order originated, including in the 
210.17  motion the alleged mistake of fact or the basis for any claim 
210.18  that the funds are exempted from withholding; 
210.19     (ii) obtain a hearing date from the court administrator; 
210.20  and 
210.21     (iii) serve the public authority, either personally or by 
210.22  fax, with a copy of the notice of motion and motion no later 
210.23  than two business days after obtaining a hearing date. 
210.24     (3) Financial institutions located in this state must 
210.25  comply with levies executed under this chapter by the public 
210.26  authority of this state or the public authority of another 
210.27  jurisdiction.  Any challenge to a levy initiated by the public 
210.28  authority from another jurisdiction must be brought in the 
210.29  initiating public authority's jurisdiction and is subject to 
210.30  that jurisdiction's rules of civil procedure and laws regarding 
210.31  summary levy challenges. 
210.32     (c)  [HEARING.] The hearing date shall be set at the 
210.33  earliest practicable time, but the matter must be heard no later 
210.34  than ten calendar days from the date a request for hearing is 
210.35  made.  The court administrator shall schedule these matters to 
210.36  be heard in the expedited process before a child support 
211.1   magistrate, but may schedule these cases in district court if 
211.2   the availability of child support magistrate does not permit a 
211.3   hearing to occur within the time frames of this section.  This 
211.4   paragraph applies only to a levy initiated by the public 
211.5   authority of this state. 
211.6      Sec. 20.  Minnesota Statutes 2002, section 552.06, 
211.7   subdivision 6, is amended to read: 
211.8      Subd. 6.  [FORM.] The state court administrator's office 
211.9   shall prepare and make available to the court administrators and 
211.10  judgment debtors a form to be submitted by the judgment debtor 
211.11  in support of a motion to contest the a support judgment 
211.12  levy initiated by the public authority of this state under this 
211.13  section.  
211.14     Sec. 21.  Minnesota Statutes 2002, section 609.375, 
211.15  subdivision 2b, is amended to read: 
211.16     Subd. 2b.  [ATTEMPT TO OBTAIN CONTEMPT ORDER AS 
211.17  PREREQUISITE TO PROSECUTION.] A person may not be charged with 
211.18  violating this section unless there has been an attempt to 
211.19  obtain a court order holding the person in contempt for failing 
211.20  to pay support or maintenance under chapter 518 To charge a 
211.21  person under this section, the state must have convicted the 
211.22  person under this section, or the public authority must have 
211.23  attempted to obtain an order for contempt for failure to pay 
211.24  child support or maintenance under chapter 518, at any time in 
211.25  the past 36 months.  This The requirement of this subdivision is 
211.26  satisfied by a showing that reasonable attempts have been made 
211.27  at service of the order to show cause. 
211.28     Sec. 22.  Laws 1997, chapter 245, article 2, section 11, is 
211.29  amended to read: 
211.30     Sec. 11.  [FEDERAL FUNDS FOR VISITATION AND ACCESS.] 
211.31     The commissioner of human services may accept on behalf of 
211.32  the state any federal funding received under Public Law Number 
211.33  104-193 for access and visitation programs, and shall transfer 
211.34  these funds to the state court administrator for the cooperation 
211.35  for the children pilot project and the parent education program 
211.36  under Minnesota Statutes, section 518.571 must administer the 
212.1   funds for the activities allowed under federal law.  The 
212.2   commissioner may distribute the funds on a competitive basis and 
212.3   must monitor, evaluate, and report on the access and visitation 
212.4   programs in accordance with any applicable regulations. 
212.5                              ARTICLE 5 
212.6                            MISCELLANEOUS 
212.7      Section 1.  Minnesota Statutes 2002, section 257C.01, 
212.8   subdivision 2, is amended to read: 
212.9      Subd. 2.  [DE FACTO CUSTODIAN.] (a) "De facto custodian" 
212.10  means an individual who has been the primary caretaker for a 
212.11  child who has, within the 24 months immediately preceding the 
212.12  filing of the petition, resided with the individual without a 
212.13  parent present and with a lack of demonstrated consistent 
212.14  participation by a parent for a period of: 
212.15     (1) six months or more, which need not be consecutive, if 
212.16  the child is under three years of age; or 
212.17     (2) one year or more, which need not be consecutive, if the 
212.18  child is three years of age or older. 
212.19     (b) For purposes of the definition in this subdivision, any 
212.20  period of time after a legal proceeding has been commenced and 
212.21  filed must not be included in determining whether the child has 
212.22  resided with the individual for the required minimum period. 
212.23     (c) For purposes of the definition in this subdivision, 
212.24  "lack of demonstrated consistent participation" by a parent 
212.25  means refusal or neglect to comply with the duties imposed upon 
212.26  the parent by the parent-child relationship, including, but not 
212.27  limited to, providing the child necessary food, clothing, 
212.28  shelter, health care, education, creating a nurturing and 
212.29  consistent relationship, and other care and control necessary 
212.30  for the child's physical, mental, or emotional health and 
212.31  development.  
212.32     (d) "De facto custodian" does not include an individual who 
212.33  has a child placed in the individual's care: 
212.34     (1) through a custody consent decree under section 257C.07; 
212.35     (2) through a court order or voluntary placement agreement 
212.36  under chapter 260C; or 
213.1      (3) for adoption under chapter 259. 
213.2      (e) A standby custody designation under chapter 257B is not 
213.3   a designation of de facto custody unless that intent is 
213.4   indicated within the standby custody designation.  
213.5      Sec. 2.  Minnesota Statutes 2002, section 517.18, is 
213.6   amended to read: 
213.7      517.18 [MARRIAGE SOLEMNIZATION.] 
213.8      Subdivision 1.  [FRIENDS.] All Marriages solemnized among 
213.9   the people called Friends or Quakers, in the form heretofore 
213.10  practiced and in use in their meetings, shall be valid and not 
213.11  affected by any of the foregoing provisions.  The clerk of the 
213.12  meeting in which such marriage is solemnized, within one month 
213.13  after any such marriage, shall deliver a certificate of the same 
213.14  to the court administrator of the district court of the county 
213.15  where the marriage took place, under penalty of not more than 
213.16  $100.  Such certificate shall be filed and recorded by the court 
213.17  administrator under a like penalty.  If such marriage does not 
213.18  take place in such meeting, such certificate shall be signed by 
213.19  the parties and at least six witnesses present, and shall be 
213.20  filed and recorded as above provided under a like penalty. 
213.21     Subd. 2.  [BAHA'I.] Marriages may be solemnized among 
213.22  members of the Baha'i faith by the chair of an incorporated 
213.23  local Spiritual Assembly of the Baha'is, according to the form 
213.24  and usage of such society. 
213.25     Subd. 3.  [BUDDHISTS; HINDUS; MUSLIMS.] Marriages may be 
213.26  solemnized among Buddhists, Hindus, or Muslims by the person 
213.27  chosen by a local Buddhist, Hindu, or Muslim association, 
213.28  according to the form and usage of their respective religions. 
213.29     Subd. 4.  [AMERICAN INDIANS.] Marriages may be solemnized 
213.30  among American Indians according to the form and usage of their 
213.31  religion by an Indian Mide' or holy person chosen by the parties 
213.32  to the marriage. 
213.33     Subd. 4a.  [HMONG.] Marriages may be solemnized among Hmong 
213.34  by the Mej Koob, according to the form and usage of Hmong 
213.35  culture.  
213.36     Subd. 5.  Nothing in subdivisions 2 to 4 4a shall be 
214.1   construed to alter the requirements of section 517.01, 517.09, 
214.2   or 517.10. 
214.3      Subd. 6.  [FILING OF CERTIFICATE.] Within one month after a 
214.4   marriage is solemnized in any manner specified in subdivisions 2 
214.5   to 4, the solemnizer shall deliver a certificate of the marriage 
214.6   to the district court of the county where the marriage took 
214.7   place, under penalty of up to $100 for failing to do so.  The 
214.8   certificate must be filed and recorded by the court 
214.9   administrator, under penalty of up to $100 for failing to do so. 
214.10     For marriages solemnized under subdivision 1, the clerk of 
214.11  the meeting shall deliver the certificate.  If the marriage does 
214.12  not take place in a meeting, the certificate must be signed by 
214.13  the parties and at least six witnesses present. 
214.14     For marriages solemnized under subdivision 4a, the parties 
214.15  to the marriage shall deliver the certificate. 
214.16     Sec. 3.  Minnesota Statutes 2002, section 518.1705, 
214.17  subdivision 7, is amended to read: 
214.18     Subd. 7.  [MOVING THE CHILD TO ANOTHER STATE.] Parents may 
214.19  agree, but the court must not require, that in a parenting plan 
214.20  the factors in section 518.17 or 257.025, as applicable, upon 
214.21  the legal standard that will govern a decision concerning 
214.22  removal of a child's residence from this state, provided that: 
214.23     (1) both parents were represented by counsel when the 
214.24  parenting plan was approved; or 
214.25     (2) the court found the parents were fully informed, the 
214.26  agreement was voluntary, and the parents were aware of its 
214.27  implications. 
214.28     Sec. 4.  Minnesota Statutes 2002, section 518.175, 
214.29  subdivision 3, is amended to read: 
214.30     Subd. 3.  [MOVE TO ANOTHER STATE.] The parent with whom the 
214.31  child resides shall not move the residence of the child to 
214.32  another state except upon order of the court or with the consent 
214.33  of the other parent, if the other parent has been given 
214.34  parenting time by the decree.  If the purpose of the move is to 
214.35  interfere with parenting time given to the other parent by the 
214.36  decree, the court shall not permit the child's residence to be 
215.1   moved to another state.  
215.2      The court shall apply a best interests standard when 
215.3   considering the request of the parent with whom the child 
215.4   resides to move the child's residence to another state.  The 
215.5   factors the court must consider in determining the child's best 
215.6   interests include, but are not limited to, the following: 
215.7      (1) the nature, quality, extent of involvement, and 
215.8   duration of the child's relationship with the person proposing 
215.9   to relocate and with the nonrelocating person, siblings, and 
215.10  other significant persons in the child's life; 
215.11     (2) the age, developmental stage, needs of the child, and 
215.12  the likely impact the relocation will have on the child's 
215.13  physical, educational, and emotional development, taking into 
215.14  consideration any special needs of the child; 
215.15     (3) the feasibility of preserving the relationship between 
215.16  the nonrelocating person and the child through suitable 
215.17  parenting time arrangements, considering the logistics and 
215.18  financial circumstances of the parties; 
215.19     (4) the child's preference, taking into consideration the 
215.20  age and maturity of the child; 
215.21     (5) whether there is an established pattern of conduct of 
215.22  the person seeking the relocation either to promote or thwart 
215.23  the relationship of the child and the nonrelocating person; 
215.24     (6) whether the relocation of the child will enhance the 
215.25  general quality of the life for both the custodial parent 
215.26  seeking the relocation and the child including, but not limited 
215.27  to, financial or emotional benefit or educational opportunity; 
215.28     (7) the reasons of each person for seeking or opposing the 
215.29  relocation; 
215.30     (8) the effect on the safety and welfare of the child, or 
215.31  the parent requesting to move the child's residence, of domestic 
215.32  abuse, as defined in section 518B.01; and 
215.33     (9) any other factor affecting the best interests of the 
215.34  child. 
215.35     The burden of proof is upon the parent requesting to move 
215.36  the residence of the child to another state, except that if the 
216.1   court finds the existence of domestic abuse between the parents, 
216.2   the burden of proof is upon the parent opposing the move.  
216.3      Sec. 5.  Minnesota Statutes 2002, section 518.18, is 
216.4   amended to read: 
216.5      518.18 [MODIFICATION OF ORDER.] 
216.6      (a) Unless agreed to in writing by the parties, no motion 
216.7   to modify a custody order or parenting plan may be made earlier 
216.8   than one year after the date of the entry of a decree of 
216.9   dissolution or legal separation containing a provision dealing 
216.10  with custody, except in accordance with paragraph (c). 
216.11     (b) If a motion for modification has been heard, whether or 
216.12  not it was granted, unless agreed to in writing by the parties 
216.13  no subsequent motion may be filed within two years after 
216.14  disposition of the prior motion on its merits, except in 
216.15  accordance with paragraph (c). 
216.16     (c) The time limitations prescribed in paragraphs (a) and 
216.17  (b) shall not prohibit a motion to modify a custody order or 
216.18  parenting plan if the court finds that there is persistent and 
216.19  willful denial or interference with parenting time, or has 
216.20  reason to believe that the child's present environment may 
216.21  endanger the child's physical or emotional health or impair the 
216.22  child's emotional development. 
216.23     (d) If the court has jurisdiction to determine child 
216.24  custody matters, the court shall not modify a prior custody 
216.25  order or a parenting plan provision which specifies the child's 
216.26  primary residence unless it finds, upon the basis of facts, 
216.27  including unwarranted denial of, or interference with, a duly 
216.28  established parenting time schedule, that have arisen since the 
216.29  prior order or that were unknown to the court at the time of the 
216.30  prior order, that a change has occurred in the circumstances of 
216.31  the child or the parties and that the modification is necessary 
216.32  to serve the best interests of the child.  In applying these 
216.33  standards the court shall retain the custody arrangement or the 
216.34  parenting plan provision specifying the child's primary 
216.35  residence that was established by the prior order unless: 
216.36     (i) the court finds that a change in the custody 
217.1   arrangement or primary residence is in the best interests of the 
217.2   child and the parties previously agreed, in a writing approved 
217.3   by a court, to apply the best interests standard in section 
217.4   518.17 or 257.025, as applicable; and, with respect to 
217.5   agreements approved by a court on or after April 28, 2000, both 
217.6   parties were represented by counsel when the agreement was 
217.7   approved or the court found the parties were fully informed, the 
217.8   agreement was voluntary, and the parties were aware of its 
217.9   implications; 
217.10     (ii) both parties agree to the modification; 
217.11     (iii) the child has been integrated into the family of the 
217.12  petitioner with the consent of the other party; or 
217.13     (iv) the child's present environment endangers the child's 
217.14  physical or emotional health or impairs the child's emotional 
217.15  development and the harm likely to be caused by a change of 
217.16  environment is outweighed by the advantage of a change to the 
217.17  child; or 
217.18     (v) the court has denied a request of the primary custodial 
217.19  parent to move the residence of the child to another state, and 
217.20  the primary custodial parent has relocated to another state 
217.21  despite the court's order.  
217.22     In addition, a court may modify a custody order or 
217.23  parenting plan under section 631.52.  
217.24     (e) In deciding whether to modify a prior joint custody 
217.25  order, the court shall apply the standards set forth in 
217.26  paragraph (d) unless:  (1) the parties agree in writing to the 
217.27  application of a different standard, or (2) the party seeking 
217.28  the modification is asking the court for permission to move the 
217.29  residence of the child to another state. 
217.30     (f) If a parent has been granted sole physical custody of a 
217.31  minor and the child subsequently lives with the other parent, 
217.32  and temporary sole physical custody has been approved by the 
217.33  court or by a court-appointed referee, the court may suspend the 
217.34  obligor's child support obligation pending the final custody 
217.35  determination.  The court's order denying the suspension of 
217.36  child support must include a written explanation of the reasons 
218.1   why continuation of the child support obligation would be in the 
218.2   best interests of the child. 
218.3      Sec. 6.  Minnesota Statutes 2002, section 518.58, 
218.4   subdivision 4, is amended to read: 
218.5      Subd. 4.  [PENSION PLANS.] (a) The division of marital 
218.6   property that represents pension plan benefits or rights in the 
218.7   form of future pension plan payments:  
218.8      (1) is payable only to the extent of the amount of the 
218.9   pension plan benefit payable under the terms of the plan; 
218.10     (2) is not payable for a period that exceeds the time that 
218.11  pension plan benefits are payable to the pension plan benefit 
218.12  recipient; 
218.13     (3) is not payable in a lump sum amount from defined 
218.14  benefit pension plan assets attributable in any fashion to a 
218.15  spouse with the status of an active member, deferred retiree, or 
218.16  benefit recipient of a pension plan; 
218.17     (4) if the former spouse to whom the payments are to be 
218.18  made dies prior to the end of the specified payment period with 
218.19  the right to any remaining payments accruing to an estate or to 
218.20  more than one survivor, is payable only to a trustee on behalf 
218.21  of the estate or the group of survivors for subsequent 
218.22  apportionment by the trustee; and 
218.23     (5) in the case of defined benefit public pension plan 
218.24  benefits or rights, may not commence until the public plan 
218.25  member submits a valid application for a public pension plan 
218.26  benefit and the benefit becomes payable. 
218.27     (b) The individual retirement account plans established 
218.28  under chapter 354B may provide in its plan document, if 
218.29  published and made generally available, for an alternative 
218.30  marital property division or distribution of individual 
218.31  retirement account plan assets.  If an alternative division or 
218.32  distribution procedure is provided, it applies in place of 
218.33  paragraph (a), clause (5). 
218.34     Sec. 7.  Minnesota Statutes 2002, section 518.64, is 
218.35  amended by adding a subdivision to read: 
218.36     Subd. 7.  [MILITARY SERVICE.] (a) An increase or decrease 
219.1   in an obligor's income because of active military service is 
219.2   grounds for a motion for a modification of support even if the 
219.3   increase or decrease in the obligor's income would not otherwise 
219.4   qualify for modification under this section. 
219.5      (b) If an obligor who makes a motion to modify support is 
219.6   unable to appear at a proceeding because of being called into 
219.7   active duty, the court must, upon request of the obligor, stay 
219.8   further proceedings until the obligor returns from active duty 
219.9   or is able to appear by alternate means.  If the obligor chooses 
219.10  to proceed without appearing, the court may determine the 
219.11  current support obligation based upon documentary evidence of 
219.12  the obligor's income without requiring the obligor's 
219.13  appearance.  The state court administrator shall prepare a form 
219.14  to allow an obligor to request a modification without appearance.
219.15     (c) If there has been a modification under this 
219.16  subdivision, the obligor's return from active military service 
219.17  is grounds for a motion for modification of support even if the 
219.18  increase or decrease in the obligor's income would not otherwise 
219.19  qualify for a modification under this section. 
219.20     (d) An obligor whose support obligation has been modified 
219.21  under this subdivision shall notify the obligee and the public 
219.22  authority, if the public authority is providing support 
219.23  enforcement services, within 30 days of the obligor's return 
219.24  from active military service. 
219.25     (e) For purposes of this subdivision, "active military 
219.26  service" has the meaning given to the term "active service" in 
219.27  section 190.05, subdivision 5, when the obligor has been ordered 
219.28  to active military service for 30 or more days. 
219.29     Sec. 8.  [EFFECTIVE DATE.] 
219.30     Section 7 is effective the day following final enactment.