1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
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 appropriating money; amending Minnesota Statutes 2002, 1.7 sections 357.021, by adding a subdivision; 518.002; 1.8 518.003, subdivisions 1, 3; 518.005; 518.01; 518.02; 1.9 518.03; 518.04; 518.05; 518.055; 518.06; 518.07; 1.10 518.09; 518.091; 518.10; 518.11; 518.12; 518.13; 1.11 518.131; 518.14, subdivision 1; 518.148; 518.155; 1.12 518.156; 518.157, subdivisions 1, 2, 3, 5, 6; 518.165; 1.13 518.166; 518.167, subdivisions 3, 4, 5; 518.168; 1.14 518.1705, subdivisions 2, 6, 7, 8, 9; 518.175; 1.15 518.1751, subdivisions 1b, 2, 2a, 2b, 2c, 3; 518.1752; 1.16 518.176; 518.177; 518.178; 518.179, subdivision 1; 1.17 518.18; 518.191, subdivision 1; 518.195, subdivisions 1.18 2, 3; 518.24; 518.25; 518.27; 518.54, subdivisions 1, 1.19 5, 6, 7, 8; 518.55; 518.552; 518.58; 518.581; 518.582; 1.20 518.612; 518.619; 518.62; 518.64, subdivisions 1, 2; 1.21 518.641; 518.642; 518.646; 518.65; 518.68, subdivision 1.22 1; 519.11, subdivision 1; proposing coding for new law 1.23 as Minnesota Statutes, chapters 517A; 517B; 517C; 1.24 repealing Minnesota Statutes 2002, sections 518.111; 1.25 518.14, subdivision 2; 518.17; 518.171; 518.1752; 1.26 518.185; 518.24; 518.255; 518.54, subdivisions 2, 4a, 1.27 13, 14; 518.55, subdivision 4; 518.551; 518.5513; 1.28 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 1.29 518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 1.30 518.617; 518.618; 518.6195; 518.6196; 518.62; 518.64, 1.31 subdivisions 4, 4a, 5; 518.68. 1.32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.33 ARTICLE 1 1.34 MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT 1.35 Section 1. Minnesota Statutes 2002, section 357.021, is 1.36 amended by adding a subdivision to read: 1.37 Subd. 8. [MARITAL DISSOLUTION FEE.] (a) The court 1.38 administrator shall collect in each proceeding in the district 2.1 seeking a dissolution of a marriage or a legal separation, in 2.2 2.3 the manner in which other fees are collected, a marital 2.4 dissolution fee in the amount of $....... from: 2.5 (1) the petitioner instituting the marital dissolution or 2.6 legal separation, to be collected at the time of the filing of 2.7 the first paper; and 2.8 (2) the respondent who appears, to be collected at the time 2.9 of the filing of the first paper by the respondent or at the 2.10 time when the respondent's appearance is entered in the case. 2.11 (b) The court administrator shall forward the marital 2.12 dissolution fee to the state treasurer for deposit in the 2.13 general fund. 2.14 (c) This subdivision sunsets June 30, 2005. 2.15 Sec. 2. [517A.29] [SIX-MONTH REVIEW.] 2.16 (a) A request for a six-month review hearing form must be 2.17 attached to a decree of dissolution or legal separation or an 2.18 order that establishes child custody, parenting time, or support 2.19 rights and obligations of parents. The state court 2.20 administrator is requested to prepare the request for review 2.21 hearing form. The form must include information regarding the 2.22 procedures for requesting a hearing, the purpose of the hearing, 2.23 and any other information regarding a hearing under this section 2.24 that the state court administrator deems necessary. 2.25 (b) The six-month review hearing shall be held if any party 2.26 submits a written request for a hearing within six months after 2.27 entry of a decree of dissolution or legal separation or order 2.28 that establishes child custody, parenting time, or support. 2.29 (c) Upon receipt of a completed request for hearing form, 2.30 the court administrator shall provide notice of the hearing to 2.31 all other parties and the public authority. 2.32 (d) At the six-month hearing, the court must review: 2.33 (1) whether child support is current; and 2.34 (2) whether both parties are complying with the parenting 2.35 time provisions of the order. 2.36 (e) At the six-month hearing, the obligor has the burden to 2.37 present evidence to establish that child support payments are 3.1 current. A party may request that the public authority provide 3.2 information to the parties and court regarding child support 3.3 payments. A party must request the information from the public 3.4 authority at least 14 days before the hearing. The commissioner 3.5 of human services must develop a form to be used by the public 3.6 authority to submit child support payment information to the 3.7 parties and court. 3.8 (f) Contempt of court and all statutory remedies for child 3.9 support and parenting time enforcement may be imposed by the 3.10 court at the six-month hearing for noncompliance by either party 3.11 pursuant to chapters 517C and 588 and the Minnesota Court Rules. 3.12 Sec. 3. [517A.36] [MAINTENANCE PAYMENT ENFORCEMENT.] 3.13 (a) Except as provided in paragraph (b), the enforcement 3.14 requirements and procedures in chapter 517C apply to a 3.15 maintenance obligation, including a maintenance obligation that 3.16 is or was combined with a child support obligation and is part 3.17 of a support order as defined in section 517A.02, subdivision 14. 3.18 (b) The enforcement requirements and procedures in sections 3.19 517C.04; 517C.10, subdivisions 1, 2, and 5; 517C.12, subdivision 3.20 4; 517C.13; 517C.22; 517C.23; 517C.27; 517C.28; 517C.30; 3.21 517C.63; 517C.73; 517C.80; and 517C.84, do not apply to a 3.22 maintenance obligation whether or not the obligation is or was 3.23 combined with a child support obligation. 3.24 Sec. 4. Minnesota Statutes 2002, section 518.002, is 3.25 amended to read: 3.26 518.002 [USE TERM DISSOLUTIONMEANING OF DIVORCE.] 3.27Wherever the word"Divorce"is, as used in the statutes,it3.28 has the same meaning as "dissolution" or "dissolution of 3.29 marriage." 3.30 Sec. 5. Minnesota Statutes 2002, section 518.003, 3.31 subdivision 1, is amended to read: 3.32 Subdivision 1. [SCOPE.]For the purposes ofThe 3.33 definitions in this section apply to this chapter, the following3.34terms have the meanings provided in this section unless the3.35context clearly requires otherwise. 3.36 Sec. 6. Minnesota Statutes 2002, section 518.005, is 4.1 amended to read: 4.2 518.005 [RULES GOVERNING PROCEEDINGS.] 4.3 Subdivision 1. [APPLICABLE RULES.] Unless otherwise 4.4 specifically provided, the rules of civil procedure for the 4.5 district court apply to all proceedings under this chapter and 4.6 chapters 517B and 517C. 4.7 Subd. 2. [TITLE.] A proceeding for dissolution of 4.8 marriage, legal separation, or annulmentshallmust be entitled 4.9 "In re the Marriage of .......... and .......... ."A custody4.10or support proceeding shall be entitled "In re the (Custody)4.11(Support) of .......... ."4.12 Subd. 3. [NAMES OF PLEADINGS.] The initial pleading in all 4.13 proceedings undersections 518.002 to 518.66 shallthis chapter 4.14 and chapters 517B and 517C must be denominated a petition. A 4.15 responsive pleadingshallmust be denominated an answer. Other 4.16 pleadingsshallmust be denominated as provided in the rules of 4.17 civil procedure. 4.18 Subd. 4. [DECREE; JUDGMENT.] Insections 518.002 to 518.664.19 this chapter and chapters 517B and 517C, "decree" includes 4.20 "judgment." 4.21 Subd. 5. [PROHIBITED DISCLOSURE.] In all proceedings under 4.22 this chapter and chapters 517B and 517C, in which public 4.23 assistance is assigned under section 256.741 or the public 4.24 authority provides services to a party or parties to the 4.25 proceedings, notwithstanding statutory or other authorization 4.26 for the public authority to release private data on the location 4.27 of a party to the action, information on the location of one 4.28 party may not be released by the public authority to the other 4.29 party if: 4.30 (1) the public authority has knowledge that a protective 4.31 order with respect to the other party has been entered; or 4.32 (2) the public authority has reason to believe that the 4.33 release of the information may result in physical or emotional 4.34 harm to the other party. 4.35 Subd. 6. [REQUIRED NOTICE.] Every court order or judgment 4.36 and decree that provides for child support, spousal maintenance, 5.1 custody, or parenting time must contain the notices required by 5.2 section 517C.99. 5.3 Sec. 7. Minnesota Statutes 2002, section 518.01, is 5.4 amended to read: 5.5 518.01 [VOID MARRIAGES.] 5.6All marriages which areA marriage prohibited by section 5.7 517.03shall be absolutelyis void,without any decree of 5.8 dissolution or other legal proceedings; except if a person whose 5.9 husband or wife has been absent for four successive years, 5.10 without being known to the person to be living during that time, 5.11 marries during the lifetime of the absent husband or wife, the 5.12 subsequent marriageshall beis void only from the time that its 5.13 nullity is duly adjudged. If the absentee is declared dead in 5.14 accordance with section 576.142, the subsequent marriageshall5.15 is notbevoid. 5.16 Sec. 8. Minnesota Statutes 2002, section 518.02, is 5.17 amended to read: 5.18 518.02 [VOIDABLE MARRIAGES.] 5.19 A marriageshallmust be declared a nullityunder the5.20following circumstancesif: 5.21(a)(1) a party lacked capacity to consent to the marriage 5.22 at the time the marriage was solemnized, eitherbecause of: (i) 5.23 mental incapacity or infirmityandif the other party at the 5.24 time the marriage was solemnized did not know of the incapacity; 5.25or because of(ii) the influence of alcohol, drugs, or other 5.26 incapacitating substances; orbecause(iii) consent of either 5.27wasparty having been obtained by force or fraudand there was5.28 with no subsequent voluntary cohabitation of the parties; 5.29(b)(2) a party lacks the physical capacity to consummate 5.30 the marriage by sexual intercourse and the other party at the 5.31 time the marriage was solemnized did not know of the incapacity; 5.32 or 5.33(c)(3) a party was under the age for marriage established 5.34 by section 517.02 except as otherwise provided by section 5.35 517A.10. 5.36 Sec. 9. Minnesota Statutes 2002, section 518.03, is 6.1 amended to read: 6.2 518.03 [ACTION TO ANNUL; DECREE.] 6.3 An annulmentshallmust be commencedand, the complaint 6.4shall befiled, and proceedings had as in proceedings for 6.5 dissolution. Upon due proof of the nullity of the marriage,it6.6shallthe marriage must be adjudged null and void. 6.7 The provisions ofsections 518.54 to 518.66this chapter 6.8 and chapters 517B and 517C relating to property rights of the 6.9 spouses, maintenance, support, and custody of children on 6.10 dissolution of marriage are applicable to proceedings for 6.11 annulment. 6.12 Sec. 10. Minnesota Statutes 2002, section 518.04, is 6.13 amended to read: 6.14 518.04 [INSUFFICIENT GROUNDS FOR ANNULMENT.] 6.15 No marriageshallmay be adjudged a nullity on the ground 6.16 that one of the parties was under the age of legal consent if it 6.17 appears that the parties had voluntarily cohabited together as 6.18 husband and wife after having attainedsuchthat age; nor6.19shall. The marriage ofanyan insane person must not be 6.20 adjudged void after restoration of the insane person to reason, 6.21 if it appears that the parties freely cohabited together as 6.22 husband and wife aftersuchthe restoration to reason. 6.23 Sec. 11. Minnesota Statutes 2002, section 518.05, is 6.24 amended to read: 6.25 518.05 [ANNULMENT; WHEN TO BRING.] 6.26 An annulment may be sought by any of the following persons 6.27 and must be commenced within the times specified, but in no 6.28 event may an annulment be sought after the death of either party 6.29 to the marriage: 6.30(a) For a reason set forth in(1) under section 518.02, 6.31 clause(a)(1), by either party or by the legal representative 6.32 of the party who lacked capacity to consent, no later than 90 6.33 days after the petitioner obtained knowledge of the described 6.34 condition; 6.35(b) For the reason set forth in(2) under section 518.02, 6.36 clause(b)(2), by either party no later than one year after the 7.1 petitioner obtained knowledge of the described condition; 7.2(c) For the reason set forth in(3) under section 518.02, 7.3 clause(c)(3), by the underaged party,or the party's parent or 7.4 guardian,before the time the underaged party reaches the age at 7.5 which the party could have married without satisfying the 7.6 omitted requirement. 7.7 Sec. 12. Minnesota Statutes 2002, section 518.055, is 7.8 amended to read: 7.9 518.055 [PUTATIVE SPOUSE.] 7.10 Any person who has cohabited with another to whom the 7.11 person is not legally married in the good faith belief that the 7.12 person was married to the other is a putative spouse until 7.13 knowledge of the fact that the person is not legally married 7.14 terminates the status and prevents acquisition of further 7.15 rights. A putative spouse acquires the rights conferred upon a 7.16 legal spouse, including the right to maintenance following 7.17 termination of the status, whether or not the marriage is 7.18 prohibited or declared a nullity. If there is a legal spouse or 7.19 other putative spouses, rights acquired by a putative spouse do 7.20 not supersede the rights of the legal spouse or those acquired 7.21 by other putative spouses, but the courtshallmust apportion 7.22 property, maintenance, and support rights among the claimants as 7.23 appropriate in the circumstances and in the interests of justice. 7.24 Sec. 13. Minnesota Statutes 2002, section 518.06, is 7.25 amended to read: 7.26 518.06 [DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS; 7.27 UNCONTESTED LEGAL SEPARATION.] 7.28 Subdivision 1. [MEANING AND EFFECTOF DECREES; GROUNDS.] A 7.29 dissolution of marriage is the termination of the marital 7.30 relationship between a husband and wife. A decree of 7.31 dissolution completely terminates the marital status of both 7.32 parties. A legal separation is a court determination of the 7.33 rights and responsibilities of a husband and wife arising out of 7.34 the marital relationship. A decree of legal separation does not 7.35 terminate the marital status of the parties. 7.36 A dissolution ofamarriageshallmust be grantedby a8.1county or district court whenif the court finds that there has 8.2 been an irretrievable breakdown of the marriage relationship. A 8.3decree oflegal separationshallmust be grantedwhenif the 8.4 court finds that one or both parties need a legal separation. 8.5 Defenses to divorce, dissolution and legal separation, 8.6 including, but not limited to, condonation, connivance, 8.7 collusion, recrimination, insanity, and lapse of time, are 8.8 abolished. 8.9 Subd. 3. [UNCONTESTED LEGAL SEPARATION.] If one or both 8.10 parties petition for a decree of legal separation and neither 8.11 party contests the granting of the decree nor petitions for a 8.12 decree of dissolution, the courtshallmust grant a decree of 8.13 legal separation. 8.14 Sec. 14. Minnesota Statutes 2002, section 518.07, is 8.15 amended to read: 8.16 518.07 [RESIDENCE OF PARTIES.] 8.17NoA dissolutionshallmust not be granted unless (1) one 8.18 of the parties has resided in this state,orhasbeen a member 8.19 of the armed services stationed in this state,fornot less than8.20 at least 180 days immediately preceding the commencement of the 8.21 proceeding; or (2) one of the parties has been a domiciliary of 8.22 this state fornot less thanat least 180 days immediately 8.23 preceding commencement of the proceeding. 8.24 Sec. 15. Minnesota Statutes 2002, section 518.09, is 8.25 amended to read: 8.26 518.09 [PROCEEDING; HOW AND WHERE BROUGHT; VENUE.] 8.27 A proceeding for dissolution or legal separation may be 8.28 brought by either or both spouses andshall beis commenced by 8.29 personal service of the summons and petition venued in the 8.30 county where either spouse resides. No summons is required if a 8.31 joint petition is filed. If neither party resides in the state 8.32 and jurisdiction is based on the domicile of either 8.33spouseparty, the proceeding may be brought in the county where 8.34 either party is domiciled. If neither party resides or is 8.35 domiciled in this state and jurisdiction is premised upon one of 8.36 the parties being a member of the armed services stationed in 9.1 this state for not less than 180 days immediately preceding the 9.2 commencement of the proceeding, the proceeding may be brought in 9.3 the county where the member is stationed. This venueshall be9.4 is subject to the court's powerof the courtto change the place 9.5 of hearing by consent of the parties,or whenif it appears to 9.6 the court that an impartial hearing cannot be had in the county 9.7 where the proceedings are pending, orwhenif the convenience of 9.8 the parties or the ends of justice would be promoted by the 9.9 change.No summons shall be required if a joint petition is9.10filed.9.11 Sec. 16. Minnesota Statutes 2002, section 518.091, is 9.12 amended to read: 9.13 518.091 [SUMMONS; TEMPORARY RESTRAINING PROVISIONS.] 9.14 (a) Every summons must include the notice in this paragraph. 9.15 NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE 9.16 RESOLUTION PROVISIONS 9.17 UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE 9.18 FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, 9.19 UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS 9.20 DISMISSED: 9.21 (1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR 9.22 THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF 9.23 INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN 9.24 WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO 9.25 CONTEST THIS PROCEEDING; 9.26 (2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND 9.27 (3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE 9.28 MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR 9.29 BENEFICIARY DESIGNATION. 9.30 IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT 9.31 TO SANCTIONS BY THE COURT. 9.32 (4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE 9.33 ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO 9.34 MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION INCLUDES 9.35 MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE 9.36 DISTRICT COURT RULES. YOU MAY CONTACT THE COURT ADMINISTRATOR 10.1 ABOUT RESOURCES IN YOUR AREA. IN SOME COUNTIES, IF YOU CANNOT 10.2 PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION,IN SOME10.3COUNTIES,ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT 10.4 PROVIDER OR A COURT PROGRAM. IF YOU ARE A VICTIM OF DOMESTIC 10.5 ABUSE OR THREATS OF ABUSE AS DEFINED IN MINNESOTA STATUTES, 10.6 CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY MEDIATION AND YOU WILL 10.7 NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS. 10.8 (b) Upon service of the summons, the restraining provisions 10.9 contained in the notice apply by operation of law upon both 10.10 parties until modified by further order of the court or 10.11 dismissal of the proceeding, unless more than one year has 10.12 passed since the last document was filed with the court. 10.13 Sec. 17. Minnesota Statutes 2002, section 518.10, is 10.14 amended to read: 10.15 518.10 [REQUISITES OF PETITION.] 10.16TheA petition for dissolution of marriage or legal 10.17 separationshallmust state and allege: 10.18(a)(1) the name, address, and, in circumstances in which 10.19 child support or spousal maintenance will be addressed, social 10.20 security number of the petitioner and any prior or other name 10.21 used by the petitioner; 10.22(b)(2) the name and, if known, the address and, in 10.23 circumstances in which child support or spousal maintenance will 10.24 be addressed, social security number of the respondent and any 10.25 prior or other name used by the respondent and known to the 10.26 petitioner; 10.27(c)(3) the place and date of the marriage of the parties; 10.28(d)(4) in the case of a petition for dissolution, that 10.29 either the petitioner or the respondent or both: 10.30(1)(i) has resided in this state for not less than 180 10.31 days immediately preceding the commencement of the proceeding,10.32or; 10.33(2)(ii) has been a member of the armed services and has 10.34 been stationed in this state for not less than 180 days 10.35 immediately preceding the commencement of the proceeding,; or 10.36(3)(iii) has been a domiciliary of this state for not less 11.1 than 180 days immediately preceding the commencement of the 11.2 proceeding; 11.3(e)(5) the name at the time of the petition and any prior 11.4 or other name, social security number, age, and date of birth of 11.5 each living minor or dependent child of the parties born before 11.6 the marriage or born or adopted during the marriage and a 11.7 reference to, and the expected date of birth of, a child of the 11.8 parties conceived during the marriage but not born; 11.9(f)(6) whether or not a separate proceeding for 11.10 dissolution, legal separation, or custody is pending in a court 11.11 in this state or elsewhere; 11.12(g)(7) in the case of a petition for dissolution, that 11.13 there has been an irretrievable breakdown of the marriage 11.14 relationship; 11.15(h)(8) in the case of a petition for legal separation, 11.16 that there is a need for a decree of legal separation; 11.17(i)(9) any temporary or permanent maintenance, child 11.18 support, child custody, disposition of property, attorneys' 11.19 fees, costs and disbursements applied for without setting forth 11.20 the amounts; and 11.21(j)(10) whether an order for protection under chapter 518B 11.22 or a similar law of another state that governs the parties or a 11.23 party and a minor child of the parties is in effect and, if so, 11.24 the district court or similar jurisdiction in which it was 11.25 entered. 11.26 The petitionshallmust be verified by the petitioner or 11.27 petitioners, and its allegations established by competent 11.28 evidence. 11.29 Sec. 18. Minnesota Statutes 2002, section 518.11, is 11.30 amended to read: 11.31 518.11 [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 11.32 (a) Unless a proceeding is brought by both parties, copies 11.33 of the summons and petitionshallmust be served on the 11.34 respondent personally. 11.35 (b)WhenServiceismade out of this state and within the 11.36 United States, itmay be proved by the affidavit of the person 12.1 making thesameservice.WhenServiceismadewithout12.2 outside of the United Statesitmay be proved by the affidavit 12.3 of the person making thesameservice, taken before and 12.4 certified: 12.5 (1) by any United States minister, charge d'affaires, 12.6 commissioner, consul or commercial agent, or other consular or 12.7 diplomatic officer of the United States appointed to reside 12.8 insuchthe country, includingall deputiesa deputy or other 12.9representativesrepresentative ofsuchthe officer authorized to 12.10 performtheirthe officer's duties; or 12.11 (2) before an officer authorized to administer an oath with 12.12 the certificate of an officer of a court of record of the 12.13 countrywherein suchin which the affidavit is taken as to the 12.14 identity and authority of the officer taking thesameaffidavit. 12.15 (c) If personal service cannot be made, the court may order 12.16 service of the summons by alternate means. The application for 12.17 alternate service must include the last known location of the 12.18 respondent; the petitioner's most recent contacts with the 12.19 respondent; the last known location of the respondent's 12.20 employment; the names and locations of the respondent's parents, 12.21 siblings, children, and other close relatives; the names and 12.22 locations of other persons who are likely to know the 12.23 respondent's whereabouts; and a description of efforts to locate 12.24 those persons. 12.25 The courtshallmust consider the length of time the 12.26 respondent's location has been unknown, the likelihood that the 12.27 respondent's location will become known, the nature of the 12.28 relief sought, and the nature of efforts made to locate the 12.29 respondent. The courtshallmust order service by first class 12.30 mail, forwarding address requested, to any addresses where there 12.31 is a reasonable possibility that mail or information will be 12.32 forwarded or communicated to the respondent or, if no address so 12.33 qualifies, then to the respondent's last known address. 12.34 If the petitioner seeks disposition of real estate located 12.35within the state ofin Minnesota, the courtshallmust order 12.36 that the summons, whichshallmust contain the legal description 13.1 of the real estate, be published in the county where the real 13.2 estate is located. The court may also order publication, within 13.3 or without the state, but only if it might reasonably succeed in 13.4 notifying the respondent of the proceeding. Also, the court may 13.5 require the petitioner to make efforts to locate the respondent 13.6 by telephone calls to appropriate persons. Serviceshall beis 13.7 deemed complete 21 days after mailing or 21 days after 13.8 court-ordered publication. 13.9 Sec. 19. Minnesota Statutes 2002, section 518.12, is 13.10 amended to read: 13.11 518.12 [TIME FOR ANSWERING.] 13.12 The respondentshall havehas 30 days in which to answer 13.13 the petition. In case of service by publication, the 30 13.14 daysshalldoes not begin to run until the expiration of the 13.15 period allowed for publication. In the case of a 13.16 counterpetition for dissolution or legal separation to a 13.17 petition for dissolution or legal separation, no answershall be13.18 is required to the counterpetition and the original 13.19 petitionershall beis deemed to have denied each and every 13.20 statement, allegation, and claim in the counterpetition. 13.21 Sec. 20. Minnesota Statutes 2002, section 518.13, is 13.22 amended to read: 13.23 518.13 [FAILURE TO ANSWER; FINDINGS; HEARING.] 13.24 Subdivision 1. [DEFAULT.] If the respondent does not 13.25 appear after service duly made and proved, the court may hear 13.26 and determine the proceeding as a default matter. 13.27 Subd. 2. [DISPUTE OVER IRRETRIEVABLE BREAKDOWN.] If one of 13.28 the parties has denied under oath or affirmation that the 13.29 marriage is irretrievably broken, the courtshallmust consider 13.30 all relevant factors, including the circumstances that gave rise 13.31 to the commencement of the proceeding and the prospect of 13.32 reconciliation, andshallmake a finding whether the marriage is 13.33 irretrievably broken. 13.34 A finding of irretrievable breakdown under this subdivision 13.35 is a determination that there is no reasonable prospect of 13.36 reconciliation. The finding must be supported by evidence that 14.1 (i) the parties have lived separate and apart for a period of 14.2 not less than 180 days immediately preceding the commencement of 14.3 the proceeding, or (ii) there is serious marital discord 14.4 adversely affecting the attitude of one or both of the parties 14.5 toward the marriage. 14.6 Subd. 3. [AGREEMENT OVER IRRETRIEVABLE BREAKDOWN.] If both 14.7 parties by petition or otherwise have stated under oath or 14.8 affirmation that the marriage is irretrievably broken,or one of 14.9 the parties has so stated and the other has not denied it, the 14.10 court, after hearing,shallmust make a finding that the 14.11 marriage is irretrievably broken. 14.12 Subd. 4. [REFEREE; OPEN COURT.] The court or judge, upon 14.13 application, may refer the proceeding to a referee to take and 14.14 report the evidencetherein. Hearings for dissolution of 14.15 marriageshallmust be heard in open court or before a referee 14.16 appointed by the court to receive the testimony of the 14.17 witnesses,or depositions taken as in other equitable actions. 14.18 However, the court may in its discretion close the hearing. 14.19 Subd. 5. [APPROVAL WITHOUT HEARING.] Proposed findings of 14.20 fact, conclusions of law, order for judgment, and judgment and 14.21 decree must be submitted to the court for approval and filing 14.22 without a final hearing in the following situations: 14.23 (1) if there are no minor children of the marriage, and (i) 14.24 the parties have entered into a written stipulation, or (ii) the 14.25 respondent has not appeared after service duly made and proved 14.26 by affidavit and at least 20 days have elapsed since the time 14.27 for answering under section 518.12 expired; or 14.28 (2) if there are minor children of the marriage, the 14.29 parties have signed and acknowledged a stipulation, and all 14.30 parties are represented by counsel. 14.31 Notwithstanding clause (1) or (2), the courtshallmust 14.32 schedule the matter for hearingin any case whereif the 14.33 proposed judgment and decree does not appear to be in the best 14.34 interests of the minor children or is contrary to the interests 14.35 of justice. 14.36 Sec. 21. Minnesota Statutes 2002, section 518.131, is 15.1 amended to read: 15.2 518.131 [TEMPORARY ORDERS AND RESTRAINING ORDERS.] 15.3 Subdivision 1. [PERMISSIBLE ORDERS.] In a proceeding 15.4 brought for custody, dissolution, or legal separation, or for 15.5 disposition of property,or maintenance, or child support15.6 following the dissolution of a marriage, either party may, by 15.7 motion, request from the court and the court may grant a 15.8 temporary order pending the final disposition of the proceeding 15.9 to or for: 15.10(a)(1) temporary custody and parenting time regarding the 15.11 minor children of the parties; 15.12(b)(2) temporary maintenance of either spouse; 15.13(c) Temporary child support for the children of the15.14parties;15.15(d)(3) temporary costs and reasonable attorney fees; 15.16(e) Award the(4) temporary use and possession, exclusive 15.17 or otherwise, of the family home, furniture, household goods, 15.18 automobiles, and other property of the parties; 15.19(f)(5) restrain one or both parties from transferring, 15.20 encumbering, concealing, or disposing of property except in the 15.21 usual course of business or for the necessities of life, and to 15.22 account to the court for all such transfers, encumbrances, 15.23 dispositions, and expenditures made after the order is served or 15.24 communicated to the party restrained in open court; 15.25(g)(6) restrain one or both parties from harassing, 15.26 vilifying, mistreating, molesting, disturbing the peace, or 15.27 restraining the liberty of the other party or the children of 15.28 the parties; 15.29(h)(7) restrain one or both parties from removing any 15.30 minor child of the parties from the jurisdiction of the court; 15.31(i)(8) exclude a party from the family home of the parties 15.32 or from the home of the other party; and 15.33(j)(9) require one or both of the parties to perform or to 15.34 not performsuchadditional actsasthat will facilitate the 15.35 just and speedy disposition of the proceeding,orwillprotect 15.36 the parties or their children from physical or emotional harm. 16.1 Subd. 2. [IMPERMISSIBLE ORDERS.]NoA temporary order 16.2shallmust not: 16.3(a)(1) deny parenting time to a parent unless the court 16.4 finds that the parenting time is likely to cause physical or 16.5 emotional harm to the child; 16.6(b)(2) exclude a party from the family home of the parties 16.7 unless the court finds that physical or emotional harm to one of 16.8 the parties or to the children of the parties is likely to 16.9 result, or that the exclusion is reasonable in the 16.10 circumstances; or 16.11(c)(3) vacate or modify an order granted under section 16.12 518B.01, subdivision 6, paragraph (a), clause (1), restraining 16.13 an abusing party from committing acts of domestic abuse, except 16.14 that the court may hear a motion for modification of an order 16.15 for protection concurrently with a proceeding for dissolution of 16.16 marriage upon notice of motion and motion. The notice required 16.17 by court ruleshallmust not be waived. If the proceedings are 16.18 consolidated and the motion to modify is granted, a separate 16.19 order for modification of an order for protectionshallmust be 16.20 issued. 16.21 Subd. 3. [EX PARTE RESTRAINING ORDER; LIMITATIONS.] A 16.22 party may request and the court may make an ex parte restraining 16.23 orderwhich may includethat includes any matter that may be 16.24 included in a temporary order except it may not: 16.25(a) A restraining order may not(1) exclude either party 16.26 from the family home of the parties except upon a finding by the 16.27 court of immediate danger of physical harm to the other party or 16.28 the children of either party;andor 16.29(b) A restraining order may not(2) deny parenting time to 16.30 either party or grant custody of the minor children to either 16.31 party except upon a finding by the court of immediate danger of 16.32 physical harm to the minor children of the parties. 16.33 Subd. 4. [HEARING ON RESTRAINING ORDER; DURATION.] A 16.34 restrainingorders shallorder must be personally served upon 16.35 the party to be restrainedand shall be accompaniedalong with a 16.36 notice of the time and place of a hearing for a temporary order 17.1 for disposition of the matters contained in the restraining 17.2 orderat a hearing for a temporary order.WhenIf a restraining 17.3 order has been issued, a hearing on the temporary ordershall17.4 must be held at the earliest practicable date. The restrained 17.5 party may upon written notice to the other party advance the 17.6 hearing date to a time earlier than that noticed by the other 17.7 party. The restraining ordershall continuecontinues in full 17.8 force and effect only until the hearing time noticed, unless the 17.9 court, for good cause and upon notice, extends the time for 17.10 hearing. 17.11 Subd. 5. [DURATION OF TEMPORARY ORDER.] A temporary order 17.12shall continuecontinues in full force and effect until the 17.13 earlier of its amendment or vacation, dismissal of the main 17.14 action, or entry of a final decree of dissolution or legal 17.15 separation. 17.16 Subd. 6. [EFFECT OF DISMISSAL OF MAIN ACTION.] If a 17.17 proceeding for dissolution or legal separation is dismissed, a 17.18 temporary custody order is vacated unless one of the parties or 17.19 the child's custodian moves that the proceeding continue as a 17.20 custody proceeding and the court finds, after a hearing, that 17.21 the circumstances of the parties and the best interests of the 17.22 child require that a custody order be issued. 17.23 Subd. 7. [GUIDING FACTORS.] The courtshallmust be guided 17.24 by the factors set forth in sections518.551 (concerning child17.25support),518.552 (concerning maintenance),518.17 to 518.17517.26 517B.17, 517B.18, and 517B.25 (concerning custody and parenting 17.27 time), and 518.14 (concerning costs and attorney fees) in making 17.28 temporary orders and restraining orders. 17.29 Subd. 8. [BASIS FOR ORDER.] Temporary ordersshallmust be 17.30 made solely on the basis of affidavits and argument of counsel 17.31 except upon demand by either party in a motion or responsive 17.32 motion made within the time limit for making and filing a 17.33 responsive motion that the matter be heard on oral testimony 17.34 before the court, or if the court in its discretion orders the 17.35 taking of oral testimony. 17.36 Subd. 9. [PREJUDICIAL EFFECT, REVOCATION; MODIFICATION.] A 18.1 temporary order or restraining order: 18.2(a) Shall(1) must not prejudice the rights of the parties 18.3 or the child which are to be adjudicated at subsequent hearings 18.4 in the proceeding; and 18.5(b)(2) may be revoked or modified by the court before the 18.6 final disposition of the proceeding upon the same grounds and 18.7 subject to the same requirements as the initial granting of the 18.8 order. 18.9 Subd. 10. [MISDEMEANOR.] In addition to being punishable 18.10 by contempt, a violation of a provision of a temporary order or 18.11 restraining order granting the relief authorized in subdivision 18.12 1, clause(g)(6),(h)(7), or(i)(8), is a misdemeanor. 18.13 Subd. 11. [TEMPORARYSUPPORT ANDMAINTENANCE.] Temporary 18.14support andmaintenance may be ordered during the time a 18.15 parenting plan is being developed under section 518.1705. 18.16 Sec. 22. Minnesota Statutes 2002, section 518.14, 18.17 subdivision 1, is amended to read: 18.18 Subdivision 1. [GENERAL.] (a) Except as provided in 18.19 subdivision 2, in a proceeding under this chapter or chapter 18.20 517B or 517C, the courtshallmust award attorney fees, costs, 18.21 and disbursements in an amount necessary to enable a party to 18.22 carry on or contest the proceeding,providedif it finds that: 18.23 (1)thatthe fees are necessary for the good-faith 18.24 assertion of the party's rights in the proceeding and will not 18.25 contribute unnecessarily to the length and expense of the 18.26 proceeding; 18.27 (2)thatthe party from whom fees, costs, and disbursements 18.28 are sought has the means to pay them; and 18.29 (3)thatthe party to whom fees, costs, and disbursements 18.30 are awarded does not have the means to pay them. 18.31 (b) Nothing in this section precludes the court from 18.32 awarding, in its discretion, additional fees, costs, and 18.33 disbursements against a party who unreasonably contributes to 18.34 the length or expense of the proceeding. Fees, costs, and 18.35 disbursements provided for in this section may be awarded at any 18.36 point in the proceeding, including a modification proceeding 19.1 under sections 518.18 and 518.64. The court may adjudge costs 19.2 and disbursements against either party. The court may authorize 19.3 the collection of money awarded by execution,orout of property 19.4 sequestered, or in any other manner within the power of the 19.5 court. An award of attorney's fees made by the court during the 19.6 pendency of the proceeding or in the final judgment survives the 19.7 proceeding and if not paid by the party directed to paythe same19.8 them may be enforcedas above providedin the manner provided in 19.9 this paragraph or by a separate civil action brought in the 19.10 attorney's own name. If the proceeding is dismissed or 19.11 abandoned prior to determination and award of attorney's fees, 19.12 the court may nevertheless award attorney's fees upon the 19.13 attorney's motion. The awardshall also survivesurvives the 19.14 proceeding and may be enforced in thesamemanneras last above19.15 provided in this paragraph. 19.16 Sec. 23. Minnesota Statutes 2002, section 518.148, is 19.17 amended to read: 19.18 518.148 [CERTIFICATION OF DISSOLUTION.] 19.19 Subdivision 1. [CERTIFICATE OF DISSOLUTION.] An attorney 19.20 or pro se party may prepare and submit to the court a separate 19.21 certificate of dissolution to be attached to the judgment and 19.22 decree at the time of granting the dissolution of marriage. 19.23 Upon approval by the court and filing of the certificate of 19.24 dissolution with the court administrator, the court 19.25 administratorshallmust provide to any party upon request 19.26 certified copies of the certificate of dissolution. 19.27 Subd. 2. [REQUIRED INFORMATION.] The certificateshall19.28 must include the following information: 19.29 (1) the full caption and file number of the case and the 19.30 title "Certificate of Dissolution"; 19.31 (2) the names and any prior or other names of the parties 19.32 to the dissolution; 19.33 (3) the names of any living minor or dependent children as 19.34 identified in the judgment and decree; 19.35 (4) that the marriage of the parties is dissolved; 19.36 (5) the date of the judgment and decree; and 20.1 (6) the social security number of the parties to the 20.2 dissolution and the social security number of any living minor 20.3 or dependent children identified in the judgment and decree. 20.4 Subd. 3. [CERTIFICATION.] The certificate of 20.5 dissolutionshall beis conclusive evidence of the facts recited 20.6 in the certificate. 20.7 Sec. 24. Minnesota Statutes 2002, section 518.191, 20.8 subdivision 1, is amended to read: 20.9 Subdivision 1. [ABBREVIATED JUDGMENT AND DECREE.] If real 20.10 estate is described in a judgment and decree of dissolution, the 20.11 court may direct either of the parties or their legal counsel to 20.12 prepare and submit to the court a proposed summary real estate 20.13 disposition judgment. Upon approval by the court and filing of 20.14 the summary real estate disposition judgment with the court 20.15 administrator, the court administratorshallmust provide to any 20.16 party upon request certified copies of the summary real estate 20.17 disposition judgment. 20.18 Sec. 25. Minnesota Statutes 2002, section 518.195, 20.19 subdivision 2, is amended to read: 20.20 Subd. 2. [PROCEDURE.] A couple qualifying under all of the 20.21 criteria in subdivision 1, may obtain a judgment and decree by: 20.22 (1) filing a sworn joint declaration, on which both of 20.23 their signatures must be notarized, containing or appending the 20.24 following information: 20.25 (i) the demographic data required in section 518.10; 20.26 (ii) verifying the qualifications set forth in subdivision 20.27 1; 20.28 (iii) listing each party's nonmarital property; 20.29 (iv) setting forth how the marital assets and debts will be 20.30 apportioned; 20.31 (v) verifying both parties' income and preserving their 20.32 rights to spousal maintenance; and 20.33 (vi) certifying that there has been no domestic abuse of 20.34 one party by the other; and 20.35 (2) viewing any introductory and summary process 20.36 educational videotapes, if then available from the court, and 21.1 certifying that they watched any such tapes within the 30 days 21.2 preceding the filing of the joint declaration. 21.3 The district court administratorshallmust enter a decree 21.4 of dissolution 30 days after the filing of the joint declaration 21.5 if the parties meet the statutory qualifications and have 21.6 complied with the procedural requirements of this subdivision. 21.7 Sec. 26. Minnesota Statutes 2002, section 518.195, 21.8 subdivision 3, is amended to read: 21.9 Subd. 3. [FORMS.] The state court administratorshallmust 21.10 develop simplified forms and instructions for the summary 21.11 process. District court administratorsshallmust make the 21.12 forms for the summary process available upon request andshall21.13 must accept joint declarations for filingon and after July 1,21.141997. 21.15 Sec. 27. Minnesota Statutes 2002, section 518.24, is 21.16 amended to read: 21.17 518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 21.18In all cases whenIf maintenanceor supportpayments are 21.19 ordered, the court may require sufficient security to be given 21.20 for the payment of them according to the terms of the order. 21.21 Upon neglect or refusal to give security,oruponfailure to pay 21.22 the maintenanceor support, the court may sequester the 21.23 obligor's personal estate and the rents and profits of real 21.24 estate of the obligor,and appoint a receiver of them. The 21.25 court may cause the personal estate and the rents and profits of 21.26 the real estate to be applied according to the terms of the 21.27 order. The obligor is presumed to have an income from a source 21.28 sufficient to pay the maintenanceor supportorder. Achild21.29support ormaintenance order constitutes prima facie evidence 21.30 that the obligor has the ability to pay the award. If the 21.31 obligor disobeys the order, it is prima facie evidence of 21.32 contempt. The court may cite the obligor for contempt under 21.33 this section, section 518.617, or chapter 588. 21.34 Sec. 28. Minnesota Statutes 2002, section 518.25, is 21.35 amended to read: 21.36 518.25 [REMARRIAGE; REVOCATION.] 22.1When a dissolution has been granted, and the parties22.2afterward intermarryIf two people remarry each other after 22.3 dissolution of their prior marriage, the court, upon their joint 22.4 application,anduponsatisfactory proof ofsuchthe marriage, 22.5 may revoke all decrees and orders of dissolution, maintenance, 22.6 and subsistencewhich willthat do not affect the rights of 22.7 third persons. 22.8 Sec. 29. Minnesota Statutes 2002, section 518.27, is 22.9 amended to read: 22.10 518.27 [NAME OF PARTY.] 22.11 Except as provided in section 259.13, in the final decree 22.12 of dissolution or legal separation the courtshallmust, if 22.13 requested by a party, change the name of that party to another 22.14 name as the party requests. The courtshallmust grant a 22.15 request unless it finds that there is an intent to defraud or 22.16 mislead, unless the name change is subject to section 259.13, in 22.17 which case the requirements of that section apply. The 22.18 courtshallmust notify the parties that use of a different 22.19 surname after dissolution or legal separation without complying 22.20 with section 259.13, if applicable, is a gross misdemeanor. The 22.21 party's new nameshallmust be so designated in the final decree. 22.22 Sec. 30. Minnesota Statutes 2002, section 518.54, 22.23 subdivision 1, is amended to read: 22.24 Subdivision 1. [TERMSSCOPE.]For the purposes of sections22.25518.54 to 518.66, the terms definedThe definitions in this 22.26 sectionshall have the meanings respectively ascribed to22.27themapply to sections 517A.31 to 517A.41. 22.28 Sec. 31. Minnesota Statutes 2002, section 518.54, 22.29 subdivision 5, is amended to read: 22.30 Subd. 5. [MARITAL PROPERTY; EXCEPTIONS.] "Marital 22.31 property" meansproperty,real or personal property, including 22.32 vested public or private pension plan benefits or rights, 22.33 acquired by one or both of the parties, or either of them,to a 22.34 dissolution, legal separation, or annulment proceeding at any 22.35 time during the existence of the marriage relation between them, 22.36 or at any time during which the parties were living together as 23.1 husband and wife under a purported marriage relationship which 23.2 is annulled in an annulment proceeding, but prior to the date of 23.3 valuation under section 518.58, subdivision 1. All property 23.4 acquired by either spouse subsequent to the marriage and before 23.5 the valuation date is presumed to be marital property regardless 23.6 of whether title is held individually or by the spouses in a 23.7 form of coownership such as joint tenancy, tenancy in common, 23.8 tenancy by the entirety, or community property. Each 23.9 spouseshall beis deemed to have a common ownership in marital 23.10 property that vests not later than the time of the entry of the 23.11 decree in a proceeding for dissolution or annulment. The extent 23.12 of the vested interestshallmust be determined and made final 23.13 by the court pursuant to section 518.58. If a title interest in 23.14 real property is held individually by only one spouse, the 23.15 interest in the real property of the nontitled spouse is not 23.16 subject to claims of creditors or judgment or tax liens until 23.17 the time of entry of the decree awarding an interest to the 23.18 nontitled spouse. The presumption of marital property is 23.19 overcome by a showing that the property is nonmarital property. 23.20 "Nonmarital property" means property real or personal, 23.21 acquired by either spouse before, during, or after the existence 23.22 of their marriage, which: 23.23(a)(1) is acquired as a gift, bequest, devise, or 23.24 inheritance made by a third party to one but not to the other 23.25 spouse; 23.26(b)(2) is acquired before the marriage; 23.27(c)(3) is acquired in exchange for or is the increase in 23.28 value of property which is described inclauses (a), (b), (d),23.29and (e)clause (1), (2), (4), or (5); 23.30(d)(4) is acquired by a spouse after the valuation date; 23.31 or 23.32(e)(5) is excluded by a valid antenuptial contract. 23.33 Sec. 32. Minnesota Statutes 2002, section 518.54, 23.34 subdivision 6, is amended to read: 23.35 Subd. 6. [INCOME.] "Income" means any form of periodic 23.36 payment to an individual including, but not limited to, wages, 24.1 salaries, payments to an independent contractor, workers' 24.2 compensation, unemployment benefits, and annuity, militaryand24.3 or naval retirement, pensionandor disability payments. 24.4 "Income" does not include benefits received under Title IV-A of 24.5 the Social Security Actandor chapter 256Jare not income under24.6this section. 24.7 Sec. 33. Minnesota Statutes 2002, section 518.54, 24.8 subdivision 7, is amended to read: 24.9 Subd. 7. [OBLIGEE.] "Obligee" means a person to whom 24.10 payments for maintenanceor supportare owed. 24.11 Sec. 34. Minnesota Statutes 2002, section 518.54, 24.12 subdivision 8, is amended to read: 24.13 Subd. 8. [OBLIGOR.] "Obligor" means a person obligated to 24.14 pay maintenanceor support.A person who is designated as the24.15sole physical custodian of a child is presumed not to be an24.16obligor for purposes of calculating current support under24.17section 518.551 unless the court makes specific written findings24.18to overcome this presumption.24.19 Sec. 35. Minnesota Statutes 2002, section 518.55, is 24.20 amended to read: 24.21 518.55 [MAINTENANCE OR SUPPORT MONEY.] 24.22 Subdivision 1. [CONTENTS OF ORDER.] Every award of 24.23 maintenance or support money in a judgment of dissolution or 24.24 legal separationshallmust clearly designate whetherthe same24.25 it is maintenance or support money, or what part of the award is 24.26 maintenance and what part is support money. An award of 24.27 payments from future income or earnings of the parent with whom 24.28 the child resides is presumed to be maintenance and an award of 24.29 payments from the future income or earnings of the parent with 24.30 whom the child does not reside is presumed to be support money, 24.31 unless otherwise designated by the court. In a judgment of 24.32 dissolution or legal separation the court may determine, as one 24.33 of the issues of the case, whether or not either spouse is 24.34 entitled to an award of maintenance notwithstanding that no 24.35 award is then made, or it may reserve jurisdiction of the issue 24.36 of maintenance for determination at a later date. 25.1 Subd. 3. [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] Every 25.2 obligorshallmust notify the obligee and the public authority 25.3 responsible for collection, if applicable, of a change of 25.4 address or residence within 60 days of the address or residence 25.5 change. Every order forsupport ormaintenance must contain a 25.6 conspicuous notice complying with section518.68, subdivision25.72517C.99. The court may waive or modify the requirements of 25.8 this subdivision by order if necessary to protect the obligor 25.9 from contact by the obligee. 25.10 Subd. 4. [DETERMINATION OF CONTROLLING ORDER.] The public 25.11 authority or a party may request the district court to determine 25.12 a controlling order in situations in which more than one order 25.13 involving the same obligor and child exists. 25.14 Sec. 36. Minnesota Statutes 2002, section 518.552, is 25.15 amended to read: 25.16 518.552 [MAINTENANCE.] 25.17 Subdivision 1. [JURISDICTION; GROUNDS.] In a proceeding 25.18 for dissolution of marriage or legal separation, or in a 25.19 proceeding for maintenance following dissolution of the marriage 25.20 by a court which lacked personal jurisdiction over the absent 25.21 spouse and which has since acquired jurisdiction, the court may 25.22 grant a maintenance order for either spouse if it finds that the 25.23 spouse seeking maintenance: 25.24(a)(1) lacks sufficient property, including marital 25.25 property apportioned to the spouse, to provide for reasonable 25.26 needs of the spouse considering the standard of living 25.27 established during the marriage, especially, but not limited to, 25.28 a period of training or education,; or 25.29(b)(2) is unable to provide adequate self-support, after 25.30 considering the standard of living established during the 25.31 marriage and all relevant circumstances, through appropriate 25.32 employment,; oris the custodian of25.33 (3) if a childwhoseresides with the spouse and the 25.34 child's condition or circumstances make it appropriate that 25.35 thecustodianspouse not be required to seek employment outside 25.36 the home. 26.1 Subd. 2. [AMOUNT; DURATION.] The maintenance ordershall26.2 must be in amounts and for periodsof time, either temporary or 26.3 permanent,asthat the court deems just, without regard to 26.4 marital misconduct,and after considering all relevant factors 26.5 including: 26.6(a)(1) the financial resources of the party seeking 26.7 maintenance, including marital property apportioned to the 26.8 party, and the party's ability to meet needs independently, 26.9 including the extent to which a provision for support of a child 26.10 living with the party includes a sum for that party ascustodian26.11 caretaker; 26.12(b)(2) the time necessary to acquire sufficient education 26.13 or training to enable the party seeking maintenance to find 26.14 appropriate employment, and the probability, given the party's 26.15 age and skills, of completing education or training and becoming 26.16 fully or partially self-supporting; 26.17(c)(3) the standard of living established during the 26.18 marriage; 26.19(d)(4) the duration of the marriage and, in the case of a 26.20 homemaker, the length of absence from employment and the extent 26.21 to which any education, skills, or experience have become 26.22 outmoded and earning capacity has become permanently diminished; 26.23(e)(5) the loss of earnings, seniority, retirement 26.24 benefits, and other employment opportunities forgone by the 26.25 spouse seekingspousalmaintenance; 26.26(f)(6) the age,and the physical and emotional condition 26.27 of the spouse seeking maintenance; 26.28(g)(7) the ability of the spouse from whom maintenance is 26.29 sought to meet needs while meeting those of the spouse seeking 26.30 maintenance; and 26.31(h)(8) the contribution of each party in the acquisition, 26.32 preservation, depreciation, or appreciation in the amount or 26.33 value of the marital property, as well as the contribution of a 26.34 spouse as a homemaker or in furtherance of the other party's 26.35 employment or business. 26.36 Subd. 3. [PERMANENCY OF AWARD.]Nothing inThis section 27.1shallmust not be construed to favor a temporary award of 27.2 maintenance over a permanent award, whereif the factors under 27.3 subdivision 2 justify a permanent award. 27.4WhereIf there is some uncertainty as to the necessity of a 27.5 permanent award, the courtshallmust order a permanent award 27.6 leaving its order open for later modification. 27.7 Subd. 4. [REOPENING MAINTENANCE AWARDS.] Section 518.145, 27.8 subdivision 2, applies to maintenance awardsof spousal27.9maintenance. 27.10 Subd. 5. [PRIVATE AGREEMENTS.] The parties may expressly 27.11 preclude or limit modification of maintenance through a 27.12 stipulation,if the court makes specific findings that the 27.13 stipulation is fairand, equitable,isand supported by 27.14 consideration described in the findings,and that full 27.15 disclosure of each party's financial circumstances has 27.16 occurred. The stipulation must be made a part of the judgment 27.17 and decree. 27.18 Sec. 37. Minnesota Statutes 2002, section 518.58, is 27.19 amended to read: 27.20 518.58 [DIVISION OF MARITAL PROPERTY.] 27.21 Subdivision 1. [GENERAL.] Upon a dissolution of a 27.22 marriage, an annulment, or in a proceeding for disposition of 27.23 property following a dissolution of marriage by a court which 27.24 lacked personal jurisdiction over the absent spouse or lacked 27.25 jurisdiction to dispose of the property and which has since 27.26 acquired jurisdiction, the courtshallmust make a just and 27.27 equitable division of the marital property of the parties 27.28 without regard to marital misconduct, after making findings 27.29 regarding the division of the property. The courtshallmust 27.30 base its findings on all relevant factors including the length 27.31 of the marriage, any prior marriage of a party, the age, health, 27.32 station, occupation, amount and sources of income, vocational 27.33 skills, employability, estate, liabilities, needs, opportunity 27.34 for future acquisition of capital assets, and income of each 27.35 party. The courtshallmust also consider the contribution of 27.36 each in the acquisition, preservation, depreciation, or 28.1 appreciation in the amount or value of the marital property, as 28.2 well as the contribution of a spouse as a homemaker. Itshall28.3beis conclusively presumed that each spouse made a substantial 28.4 contribution to the acquisition of income and property while 28.5 they were living together as husband and wife. The court may 28.6 also award to either spouse the household goods and furniture of 28.7 the parties, whether or not acquired during the marriage. The 28.8 courtshallmust value marital assets for purposes of division 28.9 between the parties as of the day of the initially scheduled 28.10 prehearing settlement conference, unless a different date is 28.11 agreed upon by the parties,orunlessthe court makes specific 28.12 findings that another date of valuation is fair and equitable. 28.13 If there is a substantial change in value of an asset between 28.14 the date of valuation and the final distribution, the court may 28.15 adjust the valuation of that asset as necessary to effect an 28.16 equitable distribution. 28.17 Subd. 1a. [TRANSFER, ENCUMBRANCE, CONCEALMENT, OR 28.18 DISPOSITION OF MARITAL ASSETS.] In contemplation of commencing 28.19 or during the pendency of a marriage dissolution, separation, or 28.20 annulment proceeding,or in contemplation of commencing a28.21marriage dissolution, separation, or annulment proceeding,each 28.22 party owes a fiduciary duty to the other for any profit or loss 28.23 derived by the party, without the consent of the other, from a 28.24 transaction or from any use by the party of the marital assets. 28.25 If the court finds that a party to a marriage, without consent 28.26 of the other party, has in contemplation of commencing,or 28.27 during the pendency of,the current dissolution, separation, or 28.28 annulment proceeding, transferred, encumbered, concealed, or 28.29 disposed of marital assets except in the usual course of 28.30 business or for the necessities of life, the courtshallmust 28.31 compensate the other party by placing both parties in the same 28.32 position that they would have been in had the transfer, 28.33 encumbrance, concealment, or disposal not occurred. The burden 28.34 of proof under this subdivision is on the party claiming that 28.35 the other party transferred, encumbered, concealed, or disposed 28.36 of marital assets in contemplation of commencing or during the 29.1 pendency of the current dissolution, separation, or annulment 29.2 proceeding,without consent of the claiming party, and that the 29.3 transfer, encumbrance, concealment, or disposal was not in the 29.4 usual course of business or for the necessities of life. In 29.5 compensating a party under this section, the court, in dividing 29.6 the marital property, may impute the entire value of an asset 29.7 and a fair return on the asset to the party who transferred, 29.8 encumbered, concealed, or disposed of it. Use of a power of 29.9 attorney,or the absence of a restraining order against the 29.10 transfer, encumbrance, concealment, or disposal of marital 29.11 property is not available as a defense under this subdivision. 29.12 Subd. 2. [AWARD OF NONMARITAL PROPERTY.] If the court 29.13 finds that either spouse's resources or property, including the 29.14 spouse's portion of the marital property as defined in section 29.15 518.54, subdivision 5, are so inadequate as to work an unfair 29.16 hardship, considering all relevant circumstances, the court may, 29.17 in addition to the marital property, apportion up to one-half of 29.18 the property otherwise excluded under section 518.54, 29.19 subdivision 5, clauses(a)(1) to(d)(4), to prevent the unfair 29.20 hardship. If the court apportions property other than marital 29.21 property, itshallmust make findings in support of the 29.22 apportionment. The findingsshallmust be based on all relevant 29.23 factors including the length of the marriage, any prior marriage 29.24 of a party, the age, health, station, occupation, amount and 29.25 sources of income, vocational skills, employability, estate, 29.26 liabilities, needs, and opportunity for future acquisition of 29.27 capital assets and income of each party. 29.28 Subd. 3. [SALE OR DISTRIBUTION WHILE PROCEEDING PENDING.] 29.29 (a) If the court finds that it is necessary to preserve the 29.30 marital assets of the parties, the court may order the sale of 29.31 the homestead of the parties or the sale of other marital 29.32 assets, as the individual circumstances may require, during the 29.33 pendency of a proceeding for a dissolution of marriage or an 29.34 annulment. If the court orders a sale, it may further provide 29.35 for the disposition of the funds received from the sale during 29.36 the pendency of the proceeding. If liquid or readily liquidated 30.1 marital property other than property representing vested pension 30.2 benefits or rights is available, the court, so far as possible, 30.3shallmust divide the property representing vested pension 30.4 benefits or rights by the disposition of an equivalent amount of 30.5 the liquid or readily liquidated property. 30.6 (b) The court may order a partial distribution of marital 30.7 assets during the pendency of a proceeding for a dissolution of 30.8 marriage or an annulment for good cause shown or upon the 30.9 request of both parties, provided thatas long as the court 30.10shallfullyprotectprotects the interests of the other party. 30.11 Subd. 4. [PENSION PLANS.] (a) The division of marital 30.12 property that represents pension plan benefits or rights in the 30.13 form of future pension plan payments: 30.14 (1) is payable only to the extent of the amount of the 30.15 pension plan benefit payable under the terms of the plan; 30.16 (2) is not payable for a period that exceeds the time that 30.17 pension plan benefits are payable to the pension plan benefit 30.18 recipient; 30.19 (3) is not payable in a lump sum amount from pension plan 30.20 assets attributable in any fashion to a spouse with the status 30.21 of an active member, deferred retiree, or benefit recipient of a 30.22 pension plan; 30.23 (4) if the former spouse to whom the payments are to be 30.24 made dies prior to the end of the specified payment period with 30.25 the right to any remaining payments accruing to an estate or to 30.26 more than one survivor, is payable only to a trustee on behalf 30.27 of the estate or the group of survivors for subsequent 30.28 apportionment by the trustee; and 30.29 (5) in the case of public pension plan benefits or rights, 30.30 may not commence until the public plan member submits a valid 30.31 application for a public pension plan benefit and the benefit 30.32 becomes payable. 30.33 (b)TheAn individual retirement accountplansplan 30.34 established under chapter 354B may provide in its plan document, 30.35 if published and made generally available, for an alternative 30.36 marital property division or distribution of individual 31.1 retirement account plan assets. If an alternative division or 31.2 distribution procedure is provided, it applies in place of 31.3 paragraph (a), clause (5). 31.4 Sec. 38. Minnesota Statutes 2002, section 518.581, is 31.5 amended to read: 31.6 518.581 [SURVIVING SPOUSE BENEFIT.] 31.7 Subdivision 1. [AWARD OF BENEFIT.] If a current or former 31.8 employee's marriage is dissolved, the court may order the 31.9 employee, the employee's pension plan, or both, to pay amounts 31.10 as part of the division of pension rights that the court may 31.11 make under section 518.58, or as an award of maintenance in the 31.12 form of a percentage of periodic or other payments or in the 31.13 form of a fixed dollar amount. The court may, as part of the 31.14 order, award a former spouse all or part of a survivor benefit 31.15 unless the plan does not allow by law the payment of a surviving 31.16 spouse benefit to a former spouse. 31.17 Subd. 2. [PAYMENT OF FUNDS BY RETIREMENT PLAN.] (a) If the 31.18 court has ordered that a spouse has an interest in a pension 31.19 plan, the court may order the pension plan to withhold payment 31.20 of a refund upon termination of employment or lump sum 31.21 distribution to the extent of the spouse's interest in the plan,31.22 or to provide survivor benefits ordered by the court. 31.23 (b) The court may not order the pension plan to: 31.24 (1) pay more than the equivalent of one surviving spouse 31.25 benefit, regardless of the number of spouses or former spouses 31.26 who may be sharing in a portion of the total benefit; 31.27 (2) pay surviving spouse benefits under circumstances where 31.28 the plan member does not have a right to elect surviving spouse 31.29 benefits; 31.30 (3) pay surviving spouse benefits to a former spouse if the 31.31 former spouse would not be eligible for benefits under the terms 31.32 of the plan; or 31.33 (4)orderpay survivor benefits which, when combined with 31.34 the annuity or benefit payable to the pension plan member, 31.35 exceed the actuarial equivalent value of the normal retirement 31.36 annuity form, determined under the plan documents of the pension 32.1 plan then in effect and the actuarial assumptions then in effect 32.2 for calculating optional annuity forms by the pension plan or 32.3 for calculating the funding requirements of the pension plan if 32.4 no optional annuity forms are provided by the pension plan. 32.5 (c) If more than one spouse or former spouse is entitled to 32.6 a surviving spouse benefit, the pension planshallmust pay each 32.7 spouse a portion of the benefit based on the ratio of the number 32.8 of years the spouse was married to the plan member to the total 32.9 number of years the plan member was married to spouses who are 32.10 entitled to the benefit. 32.11 Subd. 3. [NOTICE TO FORMER SPOUSE.] A pension plan 32.12shallmust notify a former spouse of an application by the 32.13 employee for a refund of pension benefits if the former spouse 32.14 has filed with the pension plan: 32.15 (1) a copy of the court order, including a withholding 32.16 order, determining the former spouse's rights; 32.17 (2) the name and last known address of the employee; and 32.18 (3) the name and address of the former spouse. 32.19 A pension planshallmust comply with an order, including a 32.20 withholding order, issued by a court having jurisdiction over 32.21 dissolution of marriage that is served on the pension plan, if 32.22 the order states the name, last known address of the payees, and 32.23 name and address of the former spouse,or if the names and 32.24 addresses are provided to the pension plan with service of the 32.25 order. 32.26 Subd. 4. [DEFINITIONS.]For purposes ofThe definitions in 32.27 this subdivision apply to this section, the following terms have32.28the meanings given in this subdivision. 32.29 (a) "Current or former employee" or "employee" means an 32.30 individual who has an interest in a pension plan. 32.31 (b) "Surviving spouse benefit" means (1) a benefit a 32.32 surviving spouse may be eligible for under the laws and bylaws 32.33 of the pension plan if the employee dies before retirement, or 32.34 (2) a benefit selected for or available to a surviving spouse 32.35 under the laws and bylaws of the pension plan upon the death of 32.36 the employee after retirement. 33.1 Sec. 39. Minnesota Statutes 2002, section 518.582, is 33.2 amended to read: 33.3 518.582 [PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.] 33.4 Subdivision 1. [APPOINTMENT OF ACTUARY.]EachA court of 33.5 this statethat haswith jurisdiction to decide marriage 33.6 dissolution matters may appoint a qualified person experienced 33.7 in the valuation of pension benefits and rights to function as 33.8 an expert witness in valuing pension benefits or rights. 33.9 Subd. 2. [STANDARDS.] (a) A court appointed actuaryshall33.10 must determine the present value of pension benefits or rights 33.11 that are marital property of the parties to the action: 33.12 (1) based on the applicable plan documents of the pension 33.13 plan and the applicable actuarial assumptions specified for use 33.14 in calculating optional annuity forms by the pension plan or for 33.15 funding the pension plan, if reasonable,; or 33.16 (2) as specified by the court. 33.17 (b) The court appointed actuaryshallmust report to the 33.18 court and to the parties the present value of the pension 33.19 benefits or rights that are marital property. 33.20 Subd. 3. [COMPENSATION.] The court appointed actuary may 33.21 be compensated at a rate established by the court. The 33.22 compensation of the court appointed actuaryshallmust be 33.23 allocated between the parties as the court directs. 33.24 Subd. 4. [STIPULATION.] In lieu of valuing pension 33.25 benefits or rights through use of the court appointed actuary, 33.26 the parties may stipulate the present value of pension benefits 33.27 or rights that are marital property. 33.28 Sec. 40. Minnesota Statutes 2002, section 518.62, is 33.29 amended to read: 33.30 518.62 [TEMPORARY ORDER; MAINTENANCE; HOMESTEAD.] 33.31 Temporary maintenanceand temporary supportmay be awarded 33.32 as provided in section 518.131. The court may also award to 33.33 either party to the proceeding, having due regard to all the 33.34 circumstances and the party awarded the custody of the children, 33.35 the right to the exclusive use of the household goods and 33.36 furniture of the parties pending the proceeding and the right to 34.1 the use of the homestead of the parties, exclusive or otherwise, 34.2 pending the proceeding. The court may order either party to 34.3 remove from the homestead of the parties upon proper application 34.4 to the court for an order pending the proceeding. 34.5 Sec. 41. Minnesota Statutes 2002, section 518.64, 34.6 subdivision 1, is amended to read: 34.7 Subdivision 1. [AUTHORITY.] (a) After an order for 34.8 temporary or permanent maintenanceor support money, temporary34.9or permanent,or for the appointment of trustees to receive 34.10 property awarded as maintenanceor support money, the court may34.11from time to time, on motion of either of the parties, either 34.12 party or the public authority responsible for support 34.13 enforcement may move for modification. A copy ofwhich isa 34.14 motion by a party must be served on the public authority 34.15 responsible forchildsupport enforcement if payments are made 34.16 through it, or on motion of the public authority responsible for34.17support enforcement,. 34.18 (b) The court may: 34.19 (1) modify the order respecting the amount of 34.20 maintenanceor support money,and theits paymentof it,and34.21also respecting theor appropriation and payment of the 34.22 principal and income of property held in trust,; andmay34.23 (2) make an order respecting these matters which it might 34.24 have made in the original proceeding,except as herein otherwise34.25providedsubject to subdivisions 2 and 3. 34.26 (c) A party or the public authority also may bring a motion 34.27 for contempt of court if the obligor is in arrears insupport or34.28 maintenance payments. 34.29 Sec. 42. Minnesota Statutes 2002, section 518.64, 34.30 subdivision 2, is amended to read: 34.31 Subd. 2. [MODIFICATION.] (a) The terms of an order 34.32 respecting maintenanceor supportmay be modified upon a showing 34.33 of one or more of the following: (1) substantially increased or 34.34 decreased earnings of a party; (2) substantially increased or 34.35 decreased need of a partyor the child or children that are the34.36subject of these proceedings; (3) receipt of assistance under 35.1 the AFDC program formerly codified under sections 256.72 to 35.2 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 35.3 change in the cost of living for either party as measured by the 35.4 federal bureau of statistics, any of which makes the terms 35.5 unreasonable and unfair; (5) extraordinary medical expenses of 35.6 the child not provided for under section 518.171; or (6) the 35.7 addition of work-related or education-related child care 35.8 expenses of the obligee or a substantial increase or decrease in 35.9 existing work-related or education-related child care expenses. 35.10On a motion to modify support, the needs of any child the35.11obligor has after the entry of the support order that is the35.12subject of a modification motion shall be considered as provided35.13by section 518.551, subdivision 5f.35.14(b) It is presumed that there has been a substantial change35.15in circumstances under paragraph (a) and the terms of a current35.16support order shall be rebuttably presumed to be unreasonable35.17and unfair if:35.18(1) the application of the child support guidelines in35.19section 518.551, subdivision 5, to the current circumstances of35.20the parties results in a calculated court order that is at least35.2120 percent and at least $50 per month higher or lower than the35.22current support order;35.23(2) the medical support provisions of the order established35.24under section 518.171 are not enforceable by the public35.25authority or the obligee;35.26(3) health coverage ordered under section 518.171 is not35.27available to the child for whom the order is established by the35.28parent ordered to provide; or35.29(4) the existing support obligation is in the form of a35.30statement of percentage and not a specific dollar amount.35.31(c)(b) On a motion for modification of maintenance, 35.32 including a motion for the extension of the duration of a 35.33 maintenance award, the courtshallmust apply, in addition to 35.34 all other relevant factors, the factors for an award of 35.35 maintenance under section 518.552 that exist at the time of the 35.36 motion.On a motion for modification of support, the court:36.1(1) shall apply section 518.551, subdivision 5, and shall36.2not consider the financial circumstances of each party's spouse,36.3if any; and36.4(2) shall not consider compensation received by a party for36.5employment in excess of a 40-hour work week, provided that the36.6party demonstrates, and the court finds, that:36.7(i) the excess employment began after entry of the existing36.8support order;36.9(ii) the excess employment is voluntary and not a condition36.10of employment;36.11(iii) the excess employment is in the nature of additional,36.12part-time employment, or overtime employment compensable by the36.13hour or fractions of an hour;36.14(iv) the party's compensation structure has not been36.15changed for the purpose of affecting a support or maintenance36.16obligation;36.17(v) in the case of an obligor, current child support36.18payments are at least equal to the guidelines amount based on36.19income not excluded under this clause; and36.20(vi) in the case of an obligor who is in arrears in child36.21support payments to the obligee, any net income from excess36.22employment must be used to pay the arrearages until the36.23arrearages are paid in full.36.24(d)(c) A modification ofsupport ormaintenance, including 36.25 interest that accrued pursuant to section 548.091, may be made 36.26 retroactive only with respect to any period during which the 36.27 petitioning party has pending a motion for modification but only 36.28 from the date of service of notice of the motion on the 36.29 responding party and on the public authority if public 36.30 assistance is being furnished or the county attorney is the 36.31 attorney of record. However, modification may be applied to an 36.32 earlier period if the court makes express findings that: 36.33 (1) the party seeking modification was precluded from 36.34 serving a motion by reason of a significant physical or mental 36.35 disability, a material misrepresentation of another party, or 36.36 fraud upon the court and that the party seeking modification, 37.1 when no longer precluded, promptly served a motion; 37.2 (2) the party seeking modification was a recipient of 37.3 federal Supplemental Security Income (SSI), Title II Older 37.4 Americans, Survivor's Disability Insurance (OASDI), other 37.5 disability benefits, or public assistance based upon need during 37.6 the period for which retroactive modification is sought; 37.7 (3) the order for which the party seeks amendment was 37.8 entered by default, the party shows good cause for not 37.9 appearing, and the record contains no factual evidence, or 37.10 clearly erroneous evidence regarding the individual obligor's 37.11 ability to pay; or 37.12 (4) the party seeking modification was institutionalized or 37.13 incarcerated for an offense other than nonsupport of a child 37.14 during the period for which retroactive modification is sought 37.15 and lacked the financial ability to pay the support ordered 37.16 during that time period. In determining whether to allow the 37.17 retroactive modification, the court shall consider whether and 37.18 when a request was made to the public authority for support 37.19 modification. 37.20The court may provide that a reduction in the amount allocated37.21for child care expenses based on a substantial decrease in the37.22expenses is effective as of the date the expenses decreased.37.23(e)(d) Except for an award of the right of occupancy of 37.24 the homestead, provided inunder section 518.63, all divisions 37.25 of real and personal property provided by section 518.58shall37.26beare final, and may be revoked or modified onlywhereif the 37.27 court finds the existence of conditions that justify reopening a 37.28 judgment under the laws of this state, including motions under 37.29 section 518.145, subdivision 2. The court may impose a lien or 37.30 charge on the divided property at any time while the property, 37.31 or subsequently acquired property, is owned by the parties or 37.32 either of them, for the payment of maintenance or supportmoney,37.33 or may sequester the propertyas is provided byunder section 37.34 518.24. 37.35(f)(e) The court need not hold an evidentiary hearing on a 37.36 motion for modification of maintenance or support. 38.1(g)(f) Section 518.14shall governgoverns the award of 38.2 attorney fees for motions brought under this subdivision. 38.3 Sec. 43. Minnesota Statutes 2002, section 518.641, is 38.4 amended to read: 38.5 518.641 [COST-OF-LIVING ADJUSTMENTS IN MAINTENANCEOR CHILD38.6SUPPORTORDER.] 38.7 Subdivision 1. [REQUIREMENT.] (a) An order establishing, 38.8 modifying, or enforcing maintenanceor child support shallmust 38.9 provide for a biennial adjustment in the amount to be paid based 38.10 on a change in the cost of living. An order that provides for a 38.11 cost-of-living adjustmentshallmust specify the cost-of-living 38.12 index to be applied and the date on which the cost-of-living 38.13 adjustmentshall becomebecomes effective. The court may use 38.14 the consumer price index for all urban consumers, 38.15 Minneapolis-St. Paul (CPI-U), the consumer price index for wage 38.16 earners and clerical, Minneapolis-St. Paul (CPI-W), or another 38.17 cost-of-living index published by the department of labor which 38.18 it specifically finds is more appropriate. Cost-of-living 38.19 increases under this sectionshallmust be compounded. The 38.20 court may also increase the amount by more than the 38.21 cost-of-living adjustment by agreement of the parties or by 38.22 making further findings. 38.23 (b) The adjustment becomes effective on the first of May of 38.24 the year in which it is made, for cases in which payment is made 38.25 to the public authority. For cases in which payment is not made 38.26 to the public authority, application for an adjustment may be 38.27 made in any month but no application for an adjustment may be 38.28 made sooner than two years after the date of the dissolution 38.29 decree. A court may waive the requirement of the cost-of-living 38.30 clause if it expressly finds that the obligor's occupation or 38.31 income, or both, does not provide for a cost-of-living 38.32 adjustment or that the order for maintenanceor child support38.33 has a provision such as a step increase that has the effect of a 38.34 cost-of-living clause. The court may waive a cost-of-living 38.35 adjustment in a maintenance order if the parties so agree in 38.36 writing.The commissioner of human services may promulgate39.1rules for child support adjustments under this section in39.2accordance with the rulemaking provisions of chapter 14.Notice 39.3 of this statute must comply with section 518.68, subdivision 2. 39.4 Subd. 2. [NOTICE.] No adjustment under this section may be 39.5 made unless the order provides for it and the notice provisions 39.6 of this subdivision are followed. The public authority or the 39.7 obligee, if the obligee is requesting the cost-of-living 39.8 adjustment,sendsmust send notice of the intended adjustment to 39.9 the obligor at the obligor's last known address at least 20 days 39.10 before the effective date of the adjustment. The noticeshall39.11 must inform the obligor of the date on which the adjustmentwill39.12becomebecomes effective and the procedures for contesting the 39.13 adjustment. 39.14 Subd. 2a. [PROCEDURES FOR CONTESTING ADJUSTMENT.] (a) To 39.15 contest cost-of-living adjustments initiated by the public 39.16 authority or an obligee who has applied for or is receiving 39.17child support andmaintenance collection services from the 39.18 public authority, other than income withholding only services, 39.19 the obligor, before the effective date of the adjustment, must: 39.20 (1) file a motion contesting the cost-of-living adjustment 39.21 with the court administrator; and 39.22 (2) serve the motion by first-class mail on the public 39.23 authority and the obligee. 39.24 The hearingshallmust take place in the expedited child 39.25 support process as governed by section 484.702. 39.26 (b) To contest cost-of-living adjustments initiated by an 39.27 obligee who is not receivingchild support andmaintenance 39.28 collection services from the public authority, orforby an 39.29 obligee who receives income withholding only services from the 39.30 public authority, the obligor must, before the effective date of 39.31 the adjustment: 39.32 (1) file a motion contesting the cost-of-living adjustment 39.33 with the court administrator; and 39.34 (2) serve the motion by first-class mail on the obligee. 39.35 The hearingshallmust take place in district court. 39.36 (c) Upon receipt of a motion contesting the cost-of-living 40.1 adjustment, the cost-of-living adjustmentshallmust be stayed 40.2 pending further order of the court. 40.3 (d) The court administratorshallmust make available pro 40.4 se motion forms for contesting a cost-of-living adjustment under 40.5 this subdivision. 40.6 Subd. 3. [RESULT OF HEARING.] If, at a hearing pursuant to 40.7 this section, the obligor establishes an insufficient cost of 40.8 living or other increase in income that prevents fulfillment of 40.9 the adjusted maintenanceor child supportobligation, the court 40.10 or child support magistrate may direct that all or part of the 40.11 adjustment not take effect. If, at the hearing, the obligor 40.12 does not establish this insufficient increase in income, the 40.13 adjustmentshallmust take effect as of the date it would have 40.14 become effective had no hearing been requested. 40.15 Sec. 44. Minnesota Statutes 2002, section 518.642, is 40.16 amended to read: 40.17 518.642 [OVERPAYMENTS.] 40.18 Ifchild support ormaintenance is not assigned under 40.19 section 256.741,and an obligor has overpaid achild support or40.20 maintenance obligation because of a modification or error in the 40.21 amount owed, the public authorityshallmust: 40.22 (1) apply the amount of the overpayment to reduce the 40.23 amount of anychild support ormaintenance-related arrearages or 40.24 debts owed to the obligee; and 40.25 (2) if an overpayment exists after the reduction of any 40.26 arrearage or debt, reduce the amount of thechild40.27supportmaintenance remitted to the obligee by an amount no 40.28 greater than 20 percent of the current monthlysupport or40.29 maintenance obligation and remit this amount to the obligor 40.30 until the overpayment is reduced to zero. 40.31 Sec. 45. Minnesota Statutes 2002, section 518.646, is 40.32 amended to read: 40.33 518.646 [NOTICE OF ORDER.] 40.34Whenever these laws requireIf a law requires service of a 40.35 court's order on an employer, union, or payor of funds, service 40.36 of a verified notice of order may be made in lieuthereofof the 41.1 order. The verified noticeshallmust contain the title of the 41.2 action, the name of the court, the court file number, the date 41.3 of the court order, andshall recitethe operative provisions of 41.4 the order. 41.5 Sec. 46. Minnesota Statutes 2002, section 518.65, is 41.6 amended to read: 41.7 518.65 [PROPERTY; SALE, PARTITION.] 41.8 In order to effect a division or award of propertyas is41.9provided byunder section 518.58, the court may order property 41.10 sold or partitioned. Personal property may be ordered sold in 41.11 the manner directed by the court,and real estate may be 41.12 partitioned in the manner provided by Minnesota Statutes 1949, 41.13 chapter 558. 41.14 Sec. 47. Minnesota Statutes 2002, section 518.68, 41.15 subdivision 1, is amended to read: 41.16 Subdivision 1. [REQUIREMENT.] Every court order or 41.17 judgment and decree that provides for child support, spousal 41.18 maintenance, custody, or parenting time must contain certain 41.19 notices as set out insubdivision 2. The information in the41.20notices must be concisely stated in plain language. The notices41.21must be in clearly legible print, but may not exceed two pages.41.22An order or judgment and decree without the notice remains41.23subject to all statutes. The court may waive all or part of the41.24notice required under subdivision 2 relating to parental rights41.25under section 518.17, subdivision 3, if it finds it is necessary41.26to protect the welfare of a party or childsection 517C.99. 41.27 Sec. 48. [REVISOR'S INSTRUCTION.] 41.28 The revisor of statutes must renumber the sections in 41.29 Minnesota Statutes listed in column A as indicated in column B 41.30 and correct cross-references to those sections throughout 41.31 Minnesota Statutes and Minnesota Rules. 41.32 A B 41.33 518.002 517A.02, subd. 5 41.34 518.003 517A.01 41.35 518.005 517A.02 41.36 518.01 517A.07 42.1 518.02 517A.08 42.2 518.03 517A.09 42.3 518.04 517A.10 42.4 518.05 517A.11 42.5 518.055 517A.12 42.6 518.06 517A.15 42.7 518.07 517A.16 42.8 518.09 517A.18 42.9 518.091 517A.19 42.10 518.10 517A.20 42.11 518.11 517A.22 42.12 518.12 517A.23 42.13 518.13 517A.24 42.14 518.131 517A.03 42.15 518.14, subd. 1 517A.04 42.16 518.145 517A.28 42.17 518.146 517A.21 42.18 518.148 517A.26 42.19 518.191 517A.27 42.20 518.195 517A.17 42.21 518.25 517A.30 42.22 518.27 517A.25 42.23 518.54, subd. 1 517A.31, subd. 1 42.24 518.54, subd. 2a 517A.31, subd. 2 42.25 518.54, subd. 2b 517A.31, subd. 3 42.26 518.54, subd. 3 517A.31, subd. 4 42.27 518.54, subd. 4 517A.31, subd. 5 42.28 518.54, subd. 5 517A.31, subd. 6 42.29 518.54, subd. 6 517A.31, subd. 7 42.30 518.54, subd. 7 517A.31, subd. 8 42.31 518.54, subd. 8 517A.31, subd. 9 42.32 518.54, subd. 9 517A.31, subd. 10 42.33 518.54, subd. 10 517A.31, subd. 11 42.34 518.54, subd. 11 517A.31, subd. 12 42.35 518.54, subd. 12 517A.31, subd. 13 42.36 518.55, subd. 1 517A.32, subd. 4 43.1 518.55, subd. 3 517A.32, subd. 5 43.2 518.552, subd. 1 517A.32, subd. 1 43.3 518.552, subd. 2 517A.32, subd. 2 43.4 518.552, subd. 3 517A.32, subd. 3 43.5 518.552, subd. 4 517A.32, subd. 6 43.6 518.552, subd. 5 517A.32, subd. 7 43.7 518.58 517A.37 43.8 518.581 517A.39 43.9 518.582 517A.40 43.10 518.63 517A.41 43.11 518.64, subd. 1 517A.34, subd. 1 43.12 518.64, subd. 2 517A.34, subd. 2 43.13 518.64, subd. 3 517A.32, subd. 8 43.14 518.641, subd. 1 517A.33, subd. 1 43.15 518.641, subd. 2 517A.33, subd. 2 43.16 518.641, subd. 2a 517A.33, subd. 3 43.17 518.641, subd. 3 517A.43, subd. 4 43.18 518.642 517A.35 43.19 518.646 517A.05 43.20 518.65 517A.38 43.21 Sec. 49. [REPEALER.] 43.22 Minnesota Statutes 2002, sections 518.14, subdivision 2; 43.23 518.24; 518.55, subdivision 4; 518.62; 518.64, subdivisions 4, 43.24 4a, and 5; and 518.68, are repealed. 43.25 ARTICLE 2 43.26 CUSTODY, PARENTING TIME, AND VISITATION 43.27 GENERAL 43.28 Section 1. [517B.01] [DEFINITIONS.] 43.29 Subdivision 1. [SCOPE.] The definitions in this section 43.30 apply to this chapter. 43.31 Sec. 2. [517B.03] [TEMPORARY ORDERS RELATING TO CUSTODY 43.32 AND PARENTING TIME.] 43.33 (a) A temporary order for custody or parenting time may be 43.34 sought under section 517A.03. 43.35 (b) A party seeking a temporary custody order must submit 43.36 with moving papers an affidavit setting forth facts supporting 44.1 the requested order. The party must give notice and a copy of 44.2 the affidavit to other parties to the proceeding, who may file 44.3 opposing affidavits. 44.4 Sec. 3. [517B.04] [CUSTODY, PARENTING TIME, AND VISITATION 44.5 NOTICES.] 44.6 (a) A court order or judgment and decree concerning custody 44.7 of or parenting time with a minor child must contain the notice 44.8 set out in section 517C.99, subdivision 3. 44.9 Sec. 4. [517B.05] [ATTORNEY FEES, COSTS, AND 44.10 DISBURSEMENTS.] 44.11 Attorney fees, costs, and disbursements must be awarded in 44.12 a proceeding under this chapter as provided by section 517A.04. 44.13 Sec. 5. [517B.17] [CUSTODY OF CHILDREN.] 44.14 Subdivision 1. [CUSTODY ORDER.] Upon adjudging the nullity 44.15 of a marriage, in a dissolution or legal separation proceeding, 44.16 or in a child custody proceeding, the court must make a further 44.17 order as it deems just and proper concerning: 44.18 (1) the legal custody of each minor child of the parties, 44.19 which must be sole or joint; and 44.20 (2) their physical custody and residence. 44.21 Subd. 2. [STANDARD; PREFERENCE PROHIBITED.] In determining 44.22 custody, the court must consider the best interests of the child 44.23 and must not prefer one parent over the other solely on the 44.24 basis of the sex of the parent. 44.25 Subd. 3. [THE BEST INTERESTS OF THE CHILD; FACTORS.] "The 44.26 best interests of the child" means all relevant factors to be 44.27 considered and evaluated by the court including: 44.28 (1) the wishes of the child's parent or parents as to 44.29 custody; 44.30 (2) the reasonable preference of the child, if the court 44.31 deems the child to be of sufficient age to express a preference; 44.32 (3) the child's primary caretaker; 44.33 (4) the intimacy of the relationship between each parent 44.34 and the child; 44.35 (5) the interaction and interrelationship of the child with 44.36 a parent or parents, siblings, and any other person who may 45.1 significantly affect the child's best interests; 45.2 (6) the child's adjustment to home, school, and community; 45.3 (7) the length of time the child has lived in a stable, 45.4 satisfactory environment and the desirability of maintaining 45.5 continuity; 45.6 (8) the permanence, as a family unit, of the existing or 45.7 proposed home; 45.8 (9) the mental and physical health of all individuals 45.9 involved; except that a disability, as defined in section 45.10 363.01, of a parent or the child is not determinative of the 45.11 custody of the child, unless the proposed custodial arrangement 45.12 is not in the best interest of the child; 45.13 (10) the capacity and disposition of the parties to give 45.14 the child love, affection, and guidance, and to continue 45.15 educating and raising the child in the child's culture and 45.16 religion or creed, if any; 45.17 (11) the child's cultural background; 45.18 (12) the effect on the child of the actions of an abuser, 45.19 if related to domestic abuse, as defined in section 518B.01, 45.20 that has occurred between the parents or between a parent and 45.21 another individual, whether or not the individual alleged to 45.22 have committed domestic abuse is or ever was a family or 45.23 household member of the parent; 45.24 (13) except in cases in which a finding of domestic abuse 45.25 as defined in section 518B.01 has been made, the disposition of 45.26 each parent to encourage and permit frequent and continuing 45.27 contact by the other parent with the child; and 45.28 (14) evidence of a violation of section 609.507. 45.29 Subd. 4. [BEST INTERESTS DETERMINATION.] The court must 45.30 make detailed findings on each of the factors in subdivision 3 45.31 and explain how the factors led to its conclusion and to the 45.32 determination of the best interests of the child. In 45.33 determining the best interests of a child, the court may not use 45.34 one factor in subdivision 3 to the exclusion of all others. The 45.35 primary caretaker factor may not be used as a presumption in 45.36 determining the best interests of the child. The court shall 46.1 not consider conduct of a parent that does not affect the 46.2 parent's relationship to the child. 46.3 Sec. 6. [517B.18] [JOINT CUSTODY.] 46.4 Subdivision 1. [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 46.5 addition to the factors listed in section 517B.17, if either 46.6 joint legal or joint physical custody is sought, the court must 46.7 consider the following relevant factors: 46.8 (1) the ability of parents to cooperate in the rearing of 46.9 their child; 46.10 (2) methods for resolving disputes regarding any major 46.11 decision concerning the life of the child, and the parents' 46.12 willingness to use those methods; 46.13 (3) whether it would be detrimental to the child if one 46.14 parent were to have sole authority over the child's upbringing; 46.15 and 46.16 (4) whether domestic abuse, as defined in section 518B.01, 46.17 has occurred between the parents. 46.18 Subd. 2. [PRESUMPTIONS; FINDINGS.] (a) The court must use 46.19 a rebuttable presumption that upon request of either or both 46.20 parents, joint legal custody is in the best interests of the 46.21 child. However, the court must use a rebuttable presumption 46.22 that joint legal or physical custody is not in the best 46.23 interests of the child if domestic abuse, as defined in section 46.24 518B.01, has occurred between the parents. 46.25 (b) If the court awards joint legal or physical custody 46.26 over the objection of a parent, the court must make detailed 46.27 findings on each of the factors in this section and explain how 46.28 the factors led to its determination that joint custody would be 46.29 in the best interests of the child. 46.30 Subd. 3. [JOINT CUSTODY; SUPPORT GUIDELINES.] An award of 46.31 joint legal custody is not a reason for departure from the child 46.32 support guidelines in sections 517C.12 to 517C.16. 46.33 Sec. 7. [517B.19] [CUSTODY; ACCESS RIGHTS OF PARENTS; 46.34 LIMITATIONS.] 46.35 Subdivision 1. [ACCESS; LIMITATIONS.] (a) Whether sole or 46.36 joint legal custody is ordered, the court must grant the 47.1 following rights to each of the parties, unless specific 47.2 findings are made under section 517C.99, subdivision 1. Each 47.3 party: 47.4 (1) has the right of access to, and to receive copies of, a 47.5 minor child's school, medical, dental, religious training, and 47.6 other important records and information; 47.7 (2) has the right of access to information regarding health 47.8 or dental insurance available to a minor child; 47.9 (3) must keep the other party informed as to the name and 47.10 address of the school a minor child attends; 47.11 (4) must notify the other party of any accident or serious 47.12 illness of a minor child, the name of the health care provider, 47.13 and the place of treatment; and 47.14 (5) has the right to reasonable access and telephone 47.15 contact with a minor child. 47.16 (b) Each party has the right to be informed by school 47.17 officials about a child's welfare, educational progress and 47.18 status, and to attend school and parent-teacher conferences. 47.19 The school is not required to hold a separate conference for 47.20 each party. 47.21 (c) The court may waive any of the rights under this 47.22 subdivision if it finds it is necessary to protect the welfare 47.23 of a party or child. 47.24 Sec. 8. Minnesota Statutes 2002, section 518.003, 47.25 subdivision 3, is amended to read: 47.26 Subd. 3. [CUSTODY.] Unless otherwise agreed by the parties: 47.27 (a) "Legal custody" means the right to determine the 47.28 child's upbringing, including education, health care, and 47.29 religious training. 47.30 (b) "Joint legal custody" means that both parents have 47.31 equal rights and responsibilities, including the right to 47.32 participate in major decisions determining the child's 47.33 upbringing, including education, health care, and religious 47.34 training. 47.35 (c) "Physical custody and residence" means the routine 47.36 daily care and control and the residence of the child. 48.1 (d) "Joint physical custody" means that the routine daily 48.2 care and control and the residence of the child is structured 48.3 between the parties. 48.4 (e)Wherever used in this chapter, the term"Custodial 48.5 parent" or "custodian" means the person who has the physical 48.6 custody of the child at any particular time. 48.7 (f) "Custody determination" means a court decision and 48.8 court orders and instructions providing for the custody of a 48.9 child, including parenting time, but does not include a decision 48.10 relating to child support or any other monetary obligation of 48.11 any person. 48.12 (g) "Custody proceeding" includes proceedings in which a 48.13 custody determination is one of several issues, such as an 48.14 action for dissolution, divorce, or separation, and includes 48.15 proceedings involving children who are in need of protection or 48.16 services, domestic abuse, and paternity. 48.17 Sec. 9. Minnesota Statutes 2002, section 518.155, is 48.18 amended to read: 48.19 518.155 [CUSTODYDETERMINATIONSAND PARENTING TIME 48.20 JURISDICTION.] 48.21 Notwithstanding any law to the contrary, a court in which a 48.22 proceeding for dissolution, legal separation, or child custody 48.23 has been commencedshallmust not issue, revise, modify or amend 48.24 any order, pursuant tosections 518.131, 518.165, 518.168,48.25518.17, 518.175 or 518.18, whichsection 517B.03, 517B.08, 48.26 517B.16, 517B.21, or 517B.25, that affects the custody of a 48.27 minor child or the parenting time of a parent unless the court 48.28 has jurisdiction over the matterpursuant to the provisions of48.29 under chapter 518D. 48.30 Sec. 10. Minnesota Statutes 2002, section 518.156, is 48.31 amended to read: 48.32 518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.] 48.33 Subdivision 1. [PROCEDURE.] In a court of this statewhich48.34 that has jurisdiction to decide child custody matters, a child 48.35 custody proceeding is commenced by a parent: 48.36 (1) by filing a petition for dissolution or legal 49.1 separation; or 49.2 (2)whereif a decree of dissolution or legal separation 49.3 has been entered or where none is sought, orwhenif paternity 49.4 has been recognized under section 257.75, by filing a petition 49.5 or motion seeking custody or parenting time with the child in 49.6 the county where the child is permanently resident or where the 49.7 child is found or where an earlier order for custody of the 49.8 child has been entered. 49.9 Subd. 2. [REQUIRED NOTICE.] Written notice of a child 49.10 custody or parenting time or visitation proceedingshallmust be 49.11 given to the child's parent, guardian, and custodian, who may 49.12 appear and be heard and may file a responsive pleading. The 49.13 court may, upon a showing of good cause, permit the intervention 49.14 of other interested parties. 49.15 Sec. 11. Minnesota Statutes 2002, section 518.157, 49.16 subdivision 1, is amended to read: 49.17 Subdivision 1. [IMPLEMENTATION; ADMINISTRATION.]By49.18January 1, 1998,The chief judge of each judicial district or a 49.19 designeeshallmust implement one or more parent education 49.20 programs within the judicial district for the purpose of 49.21 educating parents about the impact that divorce, the 49.22 restructuring of families, and judicial proceedings have upon 49.23 children and families; methods for preventing parenting time 49.24 conflicts; and dispute resolution options. The chief judge of 49.25 each judicial district or a designee may require that children 49.26 attend a separate education program designed to deal with the 49.27 impact of divorce upon children as part of the parent education 49.28 program. Each parent education program must enable persons to 49.29 have timely and reasonable access to education sessions. 49.30 Sec. 12. Minnesota Statutes 2002, section 518.157, 49.31 subdivision 2, is amended to read: 49.32 Subd. 2. [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 49.33 court should promulgate minimum standards for the implementation 49.34 and administration of a parent education program. The chief 49.35 judge of each judicial district or a designeeshallmust submit 49.36 a plan to the Minnesota conference of chief judges for their 50.1 approval that is designed to implement and administer a parent 50.2 education program in the judicial district. The plan must be 50.3 consistent with the minimum standards promulgated by the 50.4 Minnesota supreme court. 50.5 Sec. 13. Minnesota Statutes 2002, section 518.157, 50.6 subdivision 3, is amended to read: 50.7 Subd. 3. [ATTENDANCE.] In a proceeding under this chapter 50.8 or sections 257.51 to 257.75 where custody or parenting time is 50.9 contested, the parents of a minor childshallmust attend an 50.10 orientation and education program that meets the minimum 50.11 standards promulgated by the Minnesota supreme court. In all 50.12 other proceedings involving custody, support, or parenting time 50.13 the court may order the parents of a minor child to attend a 50.14 parent education program. The programshallmust provide the 50.15 court with names of persons who fail to attend the parent 50.16 education program as ordered by the court. Persons who are 50.17 separated or contemplating involvement in a dissolution, 50.18 paternity, custody, or parenting time proceeding may attend a 50.19 parent education program without a court order. Participation 50.20 in a parent education program must occur as early as possible. 50.21 Parent education programs must offer an opportunity to 50.22 participate at all phases of a pending or postdecree 50.23 proceeding. Upon request of a party and a showing of good 50.24 cause, the court may excuse the party from attending the 50.25 program. If past or present domestic abuse, as defined in 50.26 chapter 518B, is alleged, the courtshallmust not require the 50.27 parties to attend the same parent education sessions andshall50.28 must enter an order setting forth the manner in which the 50.29 parties may safely participate in the program. 50.30 Sec. 14. Minnesota Statutes 2002, section 518.157, 50.31 subdivision 5, is amended to read: 50.32 Subd. 5. [CONFIDENTIALITY.] Unless all parties agree in 50.33 writing, statements made by a party during participation in a 50.34 parent education program are inadmissible as evidence for any 50.35 purpose, including impeachment. No record may be made regarding 50.36 a party's participation in a parent education program, except a 51.1 record of attendance at and completion of the program as 51.2 required under this section. Instructorsshallmust not 51.3 disclose information regarding an individual participant 51.4 obtained as a result of participation in a parent education 51.5 program. Parent education instructors may not be subpoenaed or 51.6 called as witnesses in court proceedings. 51.7 Sec. 15. Minnesota Statutes 2002, section 518.157, 51.8 subdivision 6, is amended to read: 51.9 Subd. 6. [FEE.] Except as provided in this subdivision, 51.10 each person who attends a parent education programshallmust 51.11 pay a fee to defray the cost of the program. A party who 51.12 qualifies for waiver of filing fees under section 563.01 is 51.13 exempt from paying the parent education program fee, and the 51.14 courtshallmust waive the fee or direct its payment under 51.15 section 563.01. Program providers shall implement a sliding fee 51.16 scale. 51.17 Sec. 16. Minnesota Statutes 2002, section 518.165, is 51.18 amended to read: 51.19 518.165 [GUARDIANS FOR MINOR CHILDREN.] 51.20 Subdivision 1. [PERMISSIVE APPOINTMENT OF GUARDIAN AD 51.21 LITEM.] In all proceedings for child custody or for dissolution 51.22 or legal separation where custody or parenting time with a minor 51.23 child is in issue, the court may appoint a guardian ad litem 51.24 from a panel established by the court to represent the interests 51.25 of the child. The guardian ad litemshallmust advise the court 51.26 with respect to custody, support, and parenting time. 51.27 Subd. 2. [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] The 51.28 court must appoint a guardian ad litem in all proceedings for 51.29 child custody or for marriage dissolution or legal separation in 51.30 which custody or parenting time with a minor child is an issue, 51.31 if the court has reason to believe that the minor child is a 51.32 victim of domestic child abuse or neglect, as those terms are 51.33 defined in sections 260C.007 and 626.556, respectively, the51.34court shall appoint a guardian ad litem. The guardian ad 51.35 litemshallmust represent the interests of the child and advise 51.36 the court with respect to custody, support, and parenting time. 52.1 If the child is represented by a guardian ad litem in any other 52.2 pending proceeding, the court may appoint that guardian to 52.3 represent the child in the custody or parenting time 52.4 proceeding. No guardian ad litem need be appointed if the 52.5 alleged domestic child abuse or neglect is before the court on a 52.6 juvenile dependency and neglect petition. Nothing in this 52.7 subdivision requires the court to appoint a guardian ad litem in 52.8 any proceeding for child custody, marriage dissolution, or legal 52.9 separation in which an allegation of domestic child abuse or 52.10 neglect has not been made. 52.11 Subd. 2a. [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 52.12 guardian ad litemshallmust carry out the following 52.13 responsibilities: 52.14 (1) conduct an independent investigation to determine the 52.15 facts relevant to the situation of the child and the family, 52.16 which must include, unless specifically excluded by the court, 52.17 reviewing relevant documents; meeting with and observing the 52.18 child in the home setting and considering the child's wishes, as 52.19 appropriate; and interviewing parents, caregivers, and others 52.20 with knowledge relevant to the case; 52.21 (2) advocate for the child's best interests by 52.22 participating in appropriate aspects of the case and advocating 52.23 for appropriate community services when necessary; 52.24 (3) maintain the confidentiality of information related to 52.25 a case, with the exception of sharing information as permitted 52.26 by law to promote cooperative solutions that are in the best 52.27 interests of the child; 52.28 (4) monitor the child's best interests throughout the 52.29 judicial proceeding; and 52.30 (5) present written reports on the child's best interests 52.31 that include conclusions and recommendations and the facts upon 52.32 which they are based. 52.33 Subd. 3. [FEES.] (a) A guardian ad litem appointed under 52.34 either subdivision 1 or 2 may be appointed either as a volunteer 52.35 or on a fee basis. If a guardian ad litem is appointed on a fee 52.36 basis, the courtshallmust enter an order for costs, fees, and 53.1 disbursements in favor of the child's guardian ad litem. The 53.2 order may be made against either or both parties, except that 53.3 any part of the costs, fees, or disbursements which the court 53.4 finds the parties are incapable of payingshallmust be borne by 53.5 the state courts. The costs of court-appointed counsel to the 53.6 guardian ad litemshallmust be paid by the county in which the 53.7 proceeding is being held if a party is incapable of paying for 53.8 them. Until the recommendations of the task force created in 53.9 Laws 1999, chapter 216, article 7, section 42, are implemented, 53.10 the costs of court-appointed counsel to a guardian ad litem in 53.11 the eighth judicial districtshallmust be paid by the state 53.12 courts if a party is incapable of paying for them. In no event 53.13 may the court order that costs, fees, or disbursements be paid 53.14 by a party receiving public assistance or legal assistance or by 53.15 a party whose annual income falls below the poverty line as 53.16 established under United States Code, title 42, section 9902(2). 53.17 (b) In each fiscal year, the state treasurershallmust 53.18 deposit guardian ad litem reimbursements in the general fund and 53.19 credit them to a separate account with the trial courts. The 53.20 balance of this account is appropriated to the trial courts and 53.21 does not cancel but is available until expended. Expenditures 53.22 by the state court administrator's office from this account must 53.23 be based on the amount of the guardian ad litem reimbursements 53.24 received by the state from the courts in each judicial district. 53.25 Sec. 17. Minnesota Statutes 2002, section 518.166, is 53.26 amended to read: 53.27 518.166 [INTERVIEWS; RECOMMENDATIONS.] 53.28 The court may interview the child in chambers to ascertain 53.29 the child's reasonable preferenceas to custodianregarding with 53.30 which parent the child would reside, if the court deems the 53.31 child to be of sufficient age to express preference. The 53.32 courtshallmust permit counsel to be present at the interview 53.33 andshallmust permit counsel to propound reasonable questions 53.34 to the child either directly or through the court. The 53.35 courtshallmust cause a record of the interview to be made and 53.36 to be made part of the record in the case unless waived by the 54.1 parties. 54.2 In contested custody proceedings, and in other custody 54.3 proceedings if a parent or the child's custodian requests, the 54.4 court may seek the recommendations of professional personnel 54.5 whether or not they are employed on a regular basis by the 54.6 court. The recommendationsgiven shallmust be in writing and 54.7shallmust be made available by the court to counsel upon 54.8 request. Counsel may call for cross-examination of professional 54.9 personnel consulted by the court. 54.10 Sec. 18. Minnesota Statutes 2002, section 518.167, 54.11 subdivision 3, is amended to read: 54.12 Subd. 3. [AVAILABILITY TO COUNSEL.] The courtshallmust 54.13 mail the investigator's report to counsel and to any party not 54.14 represented by counsel at least ten days before the hearing. 54.15 The investigatorshallmust maintain and, upon request, make 54.16 available to counsel and to a party not represented by counsel 54.17 the investigator's file of underlying data and reports, complete 54.18 texts of diagnostic reports made to the investigator pursuant to 54.19 the provisions of subdivision 2, and the names and addresses of 54.20 all persons whom the investigator has consulted.The54.21investigator and any person the investigator has consulted is54.22subject to other pretrial discovery in accordance with the54.23requirements of the Minnesota Rules of Civil Procedure.54.24Mediation proceedings are not subject to discovery without54.25written consent of both parties. A party to the proceeding may54.26call the investigator and any person whom the investigator has54.27consulted for cross-examination at the hearing. A party may not54.28waive the right of cross-examination before the hearing.54.29 Sec. 19. Minnesota Statutes 2002, section 518.167, 54.30 subdivision 4, is amended to read: 54.31 Subd. 4. [USE ATDISCOVERY; HEARING.] The investigator and 54.32 any person the investigator has consulted is subject to other 54.33 pretrial discovery in accordance with the requirements of the 54.34 Minnesota Rules of Civil Procedure. Mediation proceedings are 54.35 not subject to discovery without written consent of both 54.36 parties. A party to the proceeding may cross-examine at the 55.1 hearing the investigator and any person whom the investigator 55.2 has consulted for cross-examination. A party may not waive the 55.3 right of cross-examination before the hearing. The 55.4 investigator's report may be received in evidence at the hearing. 55.5 Sec. 20. Minnesota Statutes 2002, section 518.167, 55.6 subdivision 5, is amended to read: 55.7 Subd. 5. [COSTS.] The courtshallmust order all or part 55.8 of the cost of the investigation and report to be paid by either 55.9 or both parties, based on their ability to pay. Any part of the 55.10 cost that the court finds the parties are incapable of paying 55.11 must be borne by thecounty welfarelocal social services agency 55.12 or department of court services that performs the 55.13 investigation. The court may not order costs under this 55.14 subdivision to be paid by a party receiving public assistance or 55.15 legal assistance from a qualified legal services program or by a 55.16 party whose annual income falls below the poverty line under 55.17 United States Code, title 42, section 9902(2). 55.18 Sec. 21. Minnesota Statutes 2002, section 518.168, is 55.19 amended to read: 55.20 518.168 [HEARINGS.] 55.21 (a) Custody proceedingsshallmust receive priority in 55.22 being set for hearing. 55.23 (b) The court may tax as costs the payment of necessary 55.24 travel and other expenses incurred by a person whose presence at 55.25 the hearing the court deems necessary to determine the best 55.26 interests of the child. 55.27 (c) The court without a juryshallmust determine questions 55.28 of law and fact. If it finds that a public hearing may be 55.29 detrimental to the child's best interests, the court may exclude 55.30 the public from a custody hearing, but may admit any person who 55.31 has a direct interest in the particular case. 55.32 (d) If the court finds it necessary for the protection of 55.33 the child's welfare that the record of an interview, report, 55.34 investigation, or testimony in a custody proceeding not bekept55.35secretdisclosed, the court may make an appropriate order 55.36 sealing the record. 56.1 Sec. 22. Minnesota Statutes 2002, section 518.1705, 56.2 subdivision 2, is amended to read: 56.3 Subd. 2. [PLAN ELEMENTS.] (a) A parenting plan must 56.4 include the following: 56.5 (1) a schedule of the time each parent spends with the 56.6 child; 56.7 (2) a designation of decision-making responsibilities 56.8 regarding the child; and 56.9 (3) a method of dispute resolution. 56.10 (b) A parenting plan may include other issues and matters 56.11 the parents agree to regarding the child. 56.12 (c) Parents voluntarily agreeing to parenting plans may 56.13 substitute other terms for physical and legal custody, including 56.14 designations of joint or sole custody,provided thatif the 56.15 terms used in the substitution are defined in the parenting plan. 56.16 Sec. 23. Minnesota Statutes 2002, section 518.1705, 56.17 subdivision 6, is amended to read: 56.18 Subd. 6. [RESTRICTIONS ON PREPARATION AND CONTENT OF 56.19 PARENTING PLAN.] (a) Dispute resolution processes other than the 56.20 judicial process may not be required in the preparation of a 56.21 parenting plan if a parent is alleged to have committed domestic 56.22 abuse toward a parent or child who is a party to, or subject of, 56.23 the matter before the court. In these cases, the courtshall56.24 must consider the appointment of a guardian ad litem and a 56.25 parenting plan evaluator. 56.26 (b) The court may not require a parenting plan that 56.27 provides for joint legal custody or use of dispute resolution 56.28 processes,other than the judicial process,if the court finds 56.29 that section 518.179 applies, or the court finds that either 56.30 parent has engaged in the following toward a parent or child who 56.31 is a party to, or subject of, the matter before the court: 56.32 (1) acts of domestic abuse, including physical harm, bodily 56.33 injury, and infliction of fear of physical harm, assault, 56.34 terroristic threats, or criminal sexual conduct; 56.35 (2) physical, sexual, or a pattern of emotional abuse of a 56.36 child; or 57.1 (3) willful abandonment that continues for an extended 57.2 period of time or substantial refusal to perform parenting 57.3 functions. 57.4 Sec. 24. Minnesota Statutes 2002, section 518.1705, 57.5 subdivision 7, is amended to read: 57.6 Subd. 7. [MOVING THE CHILD TO ANOTHER STATE.] Parents may 57.7 agree, but the court must not require, that in a parenting plan 57.8 the factors in section 518.17 or 257.025, as applicable, will 57.9 govern a decision concerning removal of a child's residence from 57.10 this state,provided thatif: 57.11 (1) both parents were represented by counsel when the 57.12 parenting plan was approved; or 57.13 (2) the court found the parents were fully informed, the 57.14 agreement was voluntary, and the parents were aware of its 57.15 implications. 57.16 Sec. 25. Minnesota Statutes 2002, section 518.1705, 57.17 subdivision 8, is amended to read: 57.18 Subd. 8. [ALLOCATION OF CERTAIN EXPENSES.] (a) Parents 57.19 creating a parenting plan are subject to the requirements of the 57.20 child support guidelines undersection 518.551sections 517C.12 57.21 to 517C.18. 57.22 (b) Parents may include in the parenting plan an allocation 57.23 of expenses for the child. The allocation is an enforceable 57.24 contract between the parents. 57.25 Sec. 26. Minnesota Statutes 2002, section 518.1705, 57.26 subdivision 9, is amended to read: 57.27 Subd. 9. [MODIFICATION OF PARENTING PLANS.] (a) Parents 57.28 may modify the schedule of the time each parent spends with the 57.29 child or the decision-making provisions of a parenting plan by 57.30 agreement. To be enforceable, modifications must be confirmed 57.31 by court order. A motion to modify decision-making provisions 57.32 or the time each parent spends with the child may be made only 57.33 within the time limits provided by section 518.18. 57.34 (b) The parties may agree, but the court must not require 57.35 them, to apply the best interests standard in section 518.17 or 57.36 257.025, as applicable, for deciding a motion for modification 58.1 that would change the child's primary residence,provided that58.2 if: 58.3 (1) both parties were represented by counsel when the 58.4 parenting plan was approved; or 58.5 (2) the court found the parties were fully informed, the 58.6 agreement was voluntary, and the parties were aware of its 58.7 implications. 58.8 (c) If the parties do not agree to apply the best interests 58.9 standard, section 518.18, paragraph (d), applies. 58.10 Sec. 27. Minnesota Statutes 2002, section 518.175, is 58.11 amended to read: 58.12 518.175 [PARENTING TIME.] 58.13 Subdivision 1. [GENERAL.] (a) In all proceedings for 58.14 dissolution or legal separation, subsequent to the commencement 58.15 of the proceeding and continuing thereafter during the minority 58.16 of the child, the courtshallmust, upon the request of either 58.17 parent, grantsuchparenting time on behalf of the child and a 58.18 parentasthat will enable the child and the parent to maintain 58.19 a child to parent relationship that will be in the best 58.20 interests of the child. 58.21 (b) If the court finds, after a hearing, that parenting 58.22 time with a parent is likely to endanger the child's physical or 58.23 emotional health or impair the child's emotional development, 58.24 the courtshallmust restrict parenting time with that parent as 58.25 to time, place, duration, or supervision and may deny parenting 58.26 time entirely, as the circumstances warrant. The courtshall58.27 must consider the age of the child and the child's relationship 58.28 with the parentprior tobefore the commencement of the 58.29 proceeding. 58.30 (c) A parent's failure to pay support because of the 58.31 parent's inability to do soshallis notbesufficient cause for 58.32 denial of parenting time. 58.33(b)(d) The court may provide that a law enforcement 58.34 officer or other appropriate person will accompany a party 58.35 seeking to enforce or comply with parenting time. 58.36(c)(e) Upon request of either party, to the extent 59.1 practicable an order for parenting time must include a specific 59.2 schedule for parenting time, including the frequency and 59.3 duration of visitation and visitation during holidays and 59.4 vacations, unless parenting time is restricted, denied, or 59.5 reserved. 59.6(d)(f) The court administratorshallmust provide a form 59.7 for a pro se motion regarding parenting time disputes, 59.8 whichincludesmust include provisions for indicating the relief 59.9 requested, an affidavit in which the party may state the facts 59.10 of the dispute, and a brief description of the parenting time 59.11 expeditor process under section 518.1751. The form may not 59.12 include a request for a change of custody. The courtshallmust 59.13 provide instructions on serving and filing the motion. 59.14 Subd. 1a. [DOMESTIC ABUSE; SUPERVISED PARENTING TIME.] (a) 59.15 If a parent requests supervised parenting time under subdivision 59.16 1 or 5 and an order for protection under chapter 518B or a 59.17 similar law of another state is in effect against the other 59.18 parent to protect the child or the parent with whom the child 59.19 residesor the child, the judge or judicial officer must 59.20 consider the order for protection in making a decision regarding 59.21 parenting time. 59.22 (b) The state court administrator, in consultation with 59.23 representatives of parents and other interested persons,shall59.24 must develop standards to be met by persons who are responsible 59.25 for supervising parenting time. Either parent may challenge the 59.26 appropriateness of an individual chosen by the court to 59.27 supervise parenting time. 59.28 Subd. 2. [RIGHTS OF CHILDREN AND PARENTS.] Upon the 59.29 request of either parent, the court may inform any child of the 59.30 parties, if eight years of age or older, or otherwise of an age 59.31 of suitable comprehension, of the rights of the child and each 59.32 parent under the order or decree or any substantial amendment 59.33thereofof it. The parent with whom the child residesshall59.34 must present the child for parenting time with the other parent, 59.35 atsuchthe timesasthe court directs. 59.36 Subd. 3. [MOVE TO ANOTHER STATE.] The parent with whom the 60.1 child residesshallmust not move the child's residenceof the60.2childto another state except upon order of the court or with 60.3 the consent of the other parent, if the other parent has been 60.4 given parenting time by the decree. If the purpose of the move 60.5 is to interfere with parenting time given to the other parent by 60.6 the decree, the courtshallmust not permit the child's 60.7 residence to be moved to another state. 60.8 Subd. 5. [MODIFICATION OF PARENTING PLAN OR ORDER FOR 60.9 PARENTING TIME.] (a) If modification would serve the best 60.10 interests of the child, the courtshallmust modify the 60.11 decision-making provisions of a parenting plan or an order 60.12 granting or denying parenting time, if the modification would 60.13 not change the child's primary residence. Except as provided in 60.14 section 631.52, the court may not restrict parenting time unless 60.15 it finds that: 60.16 (1) parenting time is likely to endanger the child's 60.17 physical or emotional health or impair the child's emotional 60.18 development; or 60.19 (2) the parent has chronically and unreasonably failed to 60.20 comply with court-ordered parenting time. 60.21 (b) If a parent makes specific allegations that parenting 60.22 time by the other parent places the parent or child in danger of 60.23 harm, the courtshallmust hold a hearing at the earliest 60.24 possible time to determine the need to modify the order granting 60.25 parenting time. Consistent with subdivision1a2, the court may 60.26 require a third party, including the local social services 60.27 agency, to supervise the parenting time or may restrict a 60.28 parent's parenting time if necessary to protect the other parent 60.29 or child from harm. If there is an existing order for 60.30 protection governing the parties, the courtshallmust consider 60.31 the use of an independent, neutral exchange location for 60.32 parenting time. 60.33 Subd. 6. [REMEDIES.] (a) The court may provide for one or 60.34 more of the following remedies for denial of or interference 60.35 with court-ordered parenting time as provided under this 60.36 subdivision. All parenting time orders must include notice of 61.1 the provisions of this subdivision. 61.2 (b) If the court finds that apersonparent has been 61.3 deprived of court-ordered parenting time, the courtshallmust 61.4 order the parent whohas interferedcaused the deprivation to 61.5 allow compensatory parenting time to the other parent or the 61.6 courtshallmust make specific findings as to why a request for 61.7 compensatory parenting time is denied. If compensatory 61.8 parenting time is awarded, additional parenting time must be: 61.9 (1) at least of the same type and duration as the deprived 61.10 parenting time and, at the discretion of the court, may be in 61.11 excess of or of a different type than the deprived parenting 61.12 time; 61.13 (2) taken within one year after the deprived parenting 61.14 time; and 61.15 (3) at a time acceptable to the parent deprived of 61.16 parenting time. 61.17 (c) If the court finds that a party has wrongfully failed 61.18 to comply with a parenting time order or a binding agreement or 61.19 decision under section 518.1751, the court may: 61.20 (1) impose a civil penalty of up to $500 on the party; 61.21 (2) require the party to post a bond with the court for a 61.22 specified period of time to secure the party's compliance; 61.23 (3) award reasonable attorney's fees and costs; 61.24 (4) require the party who violated the parenting time order 61.25 or binding agreement or decision of the parenting time expeditor 61.26 to reimburse the other party for costs incurred as a result of 61.27 the violation of the orderor, agreement, or decision; or 61.28 (5) award any other remedy that the court finds to be in 61.29 the best interests of the children involved. 61.30 A civil penalty imposed under this paragraph must be 61.31 deposited in the county general fund and must be used to fund 61.32 the costs of a parenting time expeditor program in a county with 61.33 this program. In other counties, the civil penalty must be 61.34 deposited in the state general fund. 61.35 (d) If the court finds that a party has been denied 61.36 parenting time and has incurred expenses in connection with the 62.1 denied parenting time, the court may require the party who 62.2 denied parenting time to post a bond in favor of the other party 62.3 in the amount of prepaid expenses associated with upcoming 62.4 planned parenting time. 62.5 (e) Proof of an unwarranted denial of or interference with 62.6 duly established parenting time may constitute contempt of court 62.7 and may be sufficient cause for reversal of custody. 62.8 Subd. 8. [ADDITIONAL PARENTING TIME FOR CHILD CARE 62.9PARENT.] The court may allow additional parenting time to a 62.10 parent to provide child care while the other parent is working 62.11 if this arrangement is reasonable and in the best interests of 62.12 the child, as defined in section 518.17, subdivision 1. In 62.13 addition, the courtshallmust consider: 62.14 (1) the ability of the parents to cooperate; 62.15 (2) methods for resolving disputes regarding the care of 62.16 the child, and the parents' willingness to use those methods; 62.17 and 62.18 (3) whether domestic abuse, as defined in section 518B.01, 62.19 has occurred between the parties. 62.20 Sec. 28. Minnesota Statutes 2002, section 518.1751, 62.21 subdivision 1b, is amended to read: 62.22 Subd. 1b. [PURPOSE; DEFINITIONS.] (a) The purpose of a 62.23 parenting time expeditor is to resolve parenting time disputes 62.24 by enforcing, interpreting, clarifying, and addressing 62.25 circumstances not specifically addressed by an existing 62.26 parenting time order and, if appropriate, to make a 62.27 determination as to whether the existing parenting time order 62.28 has been violated. A parenting time expeditor may be appointed 62.29 to resolve a onetime parenting time dispute or to provide 62.30 ongoing parenting time dispute resolution services. A parenting 62.31 time expeditor must attempt to resolve a parenting time dispute 62.32 by facilitating negotiations between the parties to promote 62.33 settlement. If it becomes apparent that the dispute cannot be 62.34 resolved by an agreement of the parties, the parenting time 62.35 expeditor must make a decision resolving the dispute. 62.36 (b) For purposes of this section, "parenting time dispute" 63.1 means a disagreement among parties about parenting time with a 63.2 child, including a dispute about an anticipated denial of future 63.3 scheduled parenting time. "Parenting time dispute" includes a 63.4 claim by a parent that the other parent is not spending time 63.5 with a child as well as a claim by a parent that the other 63.6 parent is denying or interfering with parenting time. 63.7 (c) A "parenting time expeditor" is a neutral person 63.8 authorized to use a mediation-arbitration process to resolve 63.9 parenting time disputes.A parenting time expeditor shall63.10attempt to resolve a parenting time dispute by facilitating63.11negotiations between the parties to promote settlement and, if63.12it becomes apparent that the dispute cannot be resolved by an63.13agreement of the parties, the parenting time expeditor shall63.14make a decision resolving the dispute.63.15 Sec. 29. Minnesota Statutes 2002, section 518.1751, 63.16 subdivision 2, is amended to read: 63.17 Subd. 2. [APPOINTMENT.] (a) The parties may stipulate to 63.18 the appointment of a parenting time expeditor or a team of two 63.19 expeditors without appearing in courtby submitting. The 63.20 parties may submit to the court a written agreement identifying 63.21 the names of the individuals to be appointed by the court; the 63.22 nature of the dispute; the responsibilities of the parenting 63.23 time expeditor, including whether the expeditor is appointed to 63.24 resolve a specific issue or on an ongoing basis; the term of the 63.25 appointment; and the apportionment of fees and costs. The court 63.26shallmust review the agreement of the parties. 63.27 (b) If the parties cannot agree on a parenting time 63.28 expeditor, the courtshallmust provideto the partiesthem with 63.29 a copy of the court administrator's roster of parenting time 63.30 expeditors and require the parties to exchange the names of 63.31 three potential parenting time expeditors by a specific date. 63.32 If after exchanging names the parties are unable to agree upon a 63.33 parenting time expeditor, the courtshallmust select the 63.34parenting timeexpeditor and, in its discretion, may appoint one 63.35 expeditor or a team of twoexpeditors. In the selection process 63.36 the court must give consideration to the financial circumstances 64.1 of the parties and the fees of those being considered 64.2 asparenting timeexpeditors. Preference must be given to 64.3 persons who agree to volunteer their services or who will charge 64.4 a variable fee for services based on the ability of the parties 64.5 to pay for them. 64.6 (c) An order appointing a parenting time expeditor must 64.7 identify the name of the individual to be appointed, the nature 64.8 of the dispute, the responsibilities of the expeditor including 64.9 whether the expeditor is appointed to resolve a specific issue 64.10 or on an ongoing basis, the term of the appointment, the 64.11 apportionment of fees, and notice that if the parties are unable 64.12 to reach an agreement with the expeditor's assistanceof the64.13expeditor, the expeditor is authorized to make a decision 64.14 resolving the dispute which is binding upon the parties unless 64.15 modified or vacated by the court. 64.16 Sec. 30. Minnesota Statutes 2002, section 518.1751, 64.17 subdivision 2a, is amended to read: 64.18 Subd. 2a. [FEES.]Prior toBefore appointing the parenting 64.19 time expeditor, the courtshallmust give the parties notice 64.20 that the expeditor's feesof the expeditorwill be apportioned 64.21 among the parties. In its order appointing the expeditor, the 64.22 courtshallmust apportion the expeditor's feesof the expeditor64.23 among the parties, with each party bearing the portion of fees 64.24 that the court determines is just and equitable under the 64.25 circumstances. If a party files a pro se motion regarding a 64.26 parenting time dispute and there is notaan existing court 64.27 orderthat provides for apportionment ofapportioning the fees 64.28 of an expeditor, the court administrator may require the party 64.29 requestingtheappointment of an expeditor to pay the 64.30 expeditor's feesof the expeditorin advance. Neither party may 64.31 be required to submit a dispute toa visitationan expeditor if 64.32 the party cannot afford to payforthe feesof an expeditorand 64.33 an affordable expeditor is not available, unless the other party 64.34 agrees to pay the fees. After fees are incurred, a party may by 64.35 motion request that the fees be reapportioned on equitable 64.36 grounds. The court may consider the resources of the parties, 65.1 the nature of the dispute, and whether a party acted in bad 65.2 faith. The court may consider information from the expeditor in 65.3 determining bad faith. 65.4 Sec. 31. Minnesota Statutes 2002, section 518.1751, 65.5 subdivision 2b, is amended to read: 65.6 Subd. 2b. [ROSTER OF PARENTING TIME EXPEDITORS.]EachThe 65.7 court administratorshallmust maintain and make available 65.8 to judicial officers and the publicand judicial officersa 65.9 roster of individuals available to serve as parenting time 65.10 expeditors, including. The roster must include each 65.11 individual's name, address, telephone number, and fee charged, 65.12 if any. A court administratorshallmust not place on the 65.13 roster the name of an individual who has not completed the 65.14 training required in subdivision 2c. If the use ofa parenting65.15timean expeditor is initiated by stipulation of the parties, 65.16 the parties may agree upon a person to serve as an expeditor 65.17 even if that person has not completed the training described in 65.18 subdivision 2c. The court may appointa person to serveas an 65.19 expeditoreven if thea person who is not on the court 65.20 administrator's roster, but may not appoint a person who has not 65.21 completed the training described in subdivision 2c, unless so 65.22 stipulated by the parties. To maintain one's listing on a court 65.23 administrator's roster of parenting time expeditors, an 65.24 individualshallmust annually submit to the court administrator 65.25 proof of completion of continuing education requirements. 65.26 Sec. 32. Minnesota Statutes 2002, section 518.1751, 65.27 subdivision 2c, is amended to read: 65.28 Subd. 2c. [TRAINING AND CONTINUING EDUCATION 65.29 REQUIREMENTS.] To qualify for listing on a court administrator's 65.30 roster of parenting time expeditors, an individualshallmust 65.31 complete a minimum of 40 hours of family mediation training that 65.32 has been certified by the Minnesota supreme court, which. The 65.33 training must include certified training in domestic abuse 65.34 issues as required under Rule 114 of the Minnesota General Rules 65.35 of Practice for the District Courts. Tomaintain one's listing65.36 remain listed on a court administrator's roster of parenting 66.1 time expeditors, an individualshallmust annually attend three 66.2 hours of continuing education about alternative dispute 66.3 resolution subjects. 66.4 Sec. 33. Minnesota Statutes 2002, section 518.1751, 66.5 subdivision 3, is amended to read: 66.6 Subd. 3. [AGREEMENT OR DECISION.] (a) Within five days of 66.7 notice of the appointment, or within five days of notice of a 66.8 subsequent parenting time dispute between the same parties, the 66.9 parenting time expeditorshallmust meet with the parties 66.10 together or separately andshallmake a diligent effort to 66.11 facilitate an agreement to resolve the dispute. If a parenting 66.12 time dispute requires immediate resolution, theparenting time66.13 expeditor may confer with the parties through a telephone 66.14 conference or similar means. An expeditor may make a decision 66.15 without conferring with a party if the expeditor made a good 66.16 faith effort to confer with the party, but the party chose not 66.17 to participate in resolution of the dispute. 66.18 (b) If the parties do not reach an agreement, the expeditor 66.19shallmust make a decision resolving the dispute as soon as 66.20 possible, but not later than five days after receiving all 66.21 information necessary to make a decision and after the final 66.22 meeting or conference with the parties. The expeditor is 66.23 authorized to award compensatory parenting time under section 66.24 518.175, subdivision 6, and may recommend to the court that the 66.25 noncomplying party pay attorney's fees, court costs, and other 66.26 costs under section 518.175, subdivision 6, paragraph (d), if 66.27 the parenting time order has been violated. The expeditorshall66.28not loseretains the authority to make a decision if 66.29 circumstances beyond the expeditor's control make it 66.30 impracticable to meet the five-day timelines. 66.31 (c) Unless the parties mutually agree, the parenting time 66.32 expeditorshallmust not make a decision that is inconsistent 66.33 with an existing parenting time order, but may make decisions 66.34 interpreting or clarifying a parenting time order, including the 66.35 development of a specific schedule when the existing court order 66.36 grants "reasonable parenting time." 67.1 (d) The expeditorshallmust put an agreement or decision 67.2 in writing and provide a copy to the parties. The expeditor may 67.3 include or omit reasons for the agreement or decision. An 67.4 agreement of the parties or a decision of the expeditor is 67.5 binding on the parties unless vacated or modified by the court. 67.6 If a party does not comply with an agreement of the parties or a 67.7 decision of the expeditor, any party may bring a motion with the 67.8 court andshallmust attach a copy of the parties' written 67.9 agreement or the decision of the expeditor. The court may 67.10 enforce, modify, or vacate the agreement of the parties or the 67.11 decision of the expeditor. 67.12 Sec. 34. Minnesota Statutes 2002, section 518.1752, is 67.13 amended to read: 67.14 518.1752 [GRANDPARENT AND OTHERS; VISITATION.] 67.15In all proceedingsDuring a proceeding for dissolution or 67.16 legal separation,after the commencement of the proceedingor at 67.17 any time after completion of the proceedings, and continuing 67.18 during the child's minorityof the child, the court may make an 67.19 order granting visitation rights to grandparentsunderand other 67.20 individuals as provided by section 257C.08, subdivision 2. 67.21 Sec. 35. Minnesota Statutes 2002, section 518.176, is 67.22 amended to read: 67.23 518.176 [JUDICIAL SUPERVISION.] 67.24Subdivision 1. [LIMITS ON PARENT'S AUTHORITY; HEARING.]67.25Except as otherwise agreed by the parties in writing at the time67.26of the custody order,(a) The parent with whom the child resides 67.27 may determine the child's upbringing, including education, 67.28 health care, and religious training, unless: 67.29 (1) otherwise agreed by the parties in writing at the time 67.30 of the custody order; or 67.31 (2) upon motion by the other parent, the court after 67.32 hearing,finds, upon motion by the other parent,that in the 67.33 absence of a specific limitation of the authority of the parent 67.34 with whom the child resides, the child's physical or emotional 67.35 health is likely to be endangered or the child's emotional 67.36 development impaired. 68.1Subd. 2.(b) If both parents or all contestants agree to 68.2 the order, or if the court finds that in the absence of the 68.3 order the child's physical or emotional health is likely to be 68.4 endangered or the child's emotional development impaired, the 68.5 court may order the local social services agency or the 68.6 department of court services to exercise continuing supervision 68.7 over the case under guidelines established by the court to 68.8 assure that the custodial or parenting time terms of the decree 68.9 are carried out. 68.10 Sec. 36. Minnesota Statutes 2002, section 518.177, is 68.11 amended to read: 68.12 518.177[NOTIFICATION REGARDING DEPRIVATION OF PARENTAL68.13RIGHTS LAW.]68.14Every(b) A court order and judgment and decree concerning 68.15 custody of or parenting time or visitation with a minor child 68.16shallmust contain the notice set out in section 518.68, 68.17 subdivision 2. 68.18 Sec. 37. Minnesota Statutes 2002, section 518.178, is 68.19 amended to read: 68.20 518.178 [PARENTING TIME AND SUPPORT REVIEW HEARING.] 68.21 Upon motion of either party, the courtshallmust conduct a 68.22 hearing to review compliance with the parenting time and child 68.23 support provisionsset forthin a decree of dissolution or legal 68.24 separation or an order that establishes child custody, parenting 68.25 time, and support rights and obligations of parents. The state 68.26 court administratorshallmust prepare, and each court 68.27 administratorshallmust make available, simplified pro se forms 68.28 for reviewing parenting time and child support disputes. The 68.29 court may impose any parenting time enforcement remedy available 68.30 undersections 518.175 and 518.1751this section or section 68.31 517B.26, and any support enforcement remedy available under 68.32 section 518.551. 68.33 Sec. 38. Minnesota Statutes 2002, section 518.179, 68.34 subdivision 1, is amended to read: 68.35 Subdivision 1. [SEEKING CUSTODY OR PARENTING TIME.] (a) 68.36 Notwithstanding any contrary provision in section 518.17 or 69.1 518.175,ifa person seeking child custody or parenting time who 69.2 has been convicted of a crime described in subdivision 2, the69.3person seeking custody or parenting timehas the burden to prove 69.4 that custody or parenting time by that person is in the best 69.5 interests of the child if: 69.6 (1) the conviction occurred within the preceding five 69.7 years; 69.8 (2) the person is currently incarcerated, on probation, or 69.9 under supervised release for the offense; or 69.10 (3) the victim of the crime was a family or household 69.11 member as defined in section 518B.01, subdivision 2. 69.12 (b) If this section applies, the court may not grant 69.13 custody or parenting time to the person unless it finds that the 69.14 custody or parenting time is in the best interests of the 69.15 child. If the victim of the crime was a family or household 69.16 member, the standard of proof is clear and convincing evidence. 69.17 A guardian ad litem must be appointed in any case where this 69.18 section applies. 69.19 Sec. 39. Minnesota Statutes 2002, section 518.18, is 69.20 amended to read: 69.21 518.18 [MODIFICATION OF ORDER.] 69.22 (a) Unless agreed to in writing by the parties, no motion 69.23 to modify a custody order or parenting plan may be made earlier 69.24 than one year after the date of the entry of a decree of 69.25 dissolution or legal separation containing a provision dealing 69.26 with custody, except in accordance with paragraph (c). 69.27 (b) If a motion for modification has been heard, whether or 69.28 not it was granted,unless agreed to in writing by the parties69.29 no subsequent motion may be filed within two years after 69.30 disposition of the prior motion on its merits, except: 69.31 (1) if otherwise agreed to in writing by the parties; or 69.32 (2) in accordance with paragraph (c). 69.33 (c) The time limitations prescribed in paragraphs (a) and 69.34 (b)shalldo not prohibit a motion to modify a custody order or 69.35 parenting plan if the court finds that there is persistent and 69.36 willful denial or interference with parenting time, or has 70.1 reason to believe that the child's present environment may 70.2 endanger the child's physical or emotional health or impair the 70.3 child's emotional development. 70.4 (d)If theA court that has jurisdiction to determine child 70.5 custody matters, the court shallmust not modify a prior custody 70.6 order or a parenting plan provisionwhichthat specifies the 70.7 child's primary residence unless it finds, upon the basis of70.8facts, including unwarranted denial of, or interference with, a70.9duly established parenting time schedule, that have arisen since70.10the prior order or that were unknown to the court at the time of70.11the prior order,that a change has occurred in the circumstances 70.12 of the child or the parties and that the modification is 70.13 necessary to serve the best interests of the child. The court 70.14 must make its findings upon the basis of facts, including 70.15 unwarranted denial of, or interference with, a duly established 70.16 parenting time schedule, that have arisen since the prior order 70.17 or that were unknown to the court at the time of the prior 70.18 order. In applying these standards the courtshallmust retain 70.19 the custody arrangement or the parenting plan provision 70.20 specifying the child's primary residence that was established by 70.21 the prior order unless: 70.22(i)(1) the court finds that a change in the custody 70.23 arrangement or primary residence is in the best interests of the 70.24 child and the parties previously agreed, in a writing approved 70.25 by a court, to apply the best interests standard in section 70.26 518.17 or 257.025, as applicable; and, with respect to 70.27 agreements approved by a court on or after April 28, 2000, both 70.28 parties were represented by counsel when the agreement was 70.29 approved or the court found the parties were fully informed, the 70.30 agreement was voluntary, and the parties were aware of its 70.31 implications; 70.32(ii)(2) both parties agree to the modification; 70.33(iii)(3) the child has been integrated into the family of 70.34 the petitioner with the consent of the other party; or 70.35(iv)(4) the child's present environment endangers the 70.36 child's physical or emotional health or impairs the child's 71.1 emotional development, and the harm likely to be caused by a 71.2 change of environment is outweighed by the advantage of a change 71.3 to the child. 71.4In addition,(e) A court may modify a custody order or 71.5 parenting plan under section 631.52. 71.6(e)(f) In deciding whether to modify a prior joint custody 71.7 order, the courtshallmust apply the standards set forth in 71.8 paragraph (d) unless: 71.9 (1) the parties agree in writing to the application of a 71.10 different standard,; or 71.11 (2) the party seeking the modification is asking the court 71.12 for permission to move the residence of the child to another 71.13 state. 71.14(f) If a parent has been granted sole physical custody of a71.15minor and the child subsequently lives with the other parent,71.16and temporary sole physical custody has been approved by the71.17court or by a court-appointed referee,71.18 (g) The court may suspend the obligor's child support 71.19 obligation pendingthea final custody determination if: 71.20 (1) the obligee has been granted sole physical custody of a 71.21 child; 71.22 (2) the child subsequently lives with the obligor; and 71.23 (3) a temporary sole custody order has been approved by the 71.24 court or a court-approved referee. 71.25The court'sA court order denying the suspension of child 71.26 support under this paragraph must include a written explanation 71.27 of the reasons why continuation of the child support obligation 71.28 would be in the best interests of the child. 71.29 (h) A party seeking modification of a custody order must 71.30 submit with moving papers an affidavit setting forth facts 71.31 supporting the requested modification. The party must give 71.32 notice and a copy of the affidavit to other parties to the 71.33 proceeding, who may file opposing affidavits. 71.34 Sec. 40. Minnesota Statutes 2002, section 518.612, is 71.35 amended to read: 71.36 518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 72.1 ORDER.] 72.2Failure by a party to make support payments is not a72.3defense to:72.4(1) interference with parenting time; or72.5(2) without the permission of the court or the other72.6parent, removing a child from this state.72.7Interference with parenting time or taking a child from72.8this state without permission of the court or the other parent72.9is not a defense to nonpayment of support. If a party fails to72.10make support payments, interferes with parenting time, or72.11removes a child from the state without permission of the court72.12or the other parent, the other party may petition the court for72.13an appropriate order.72.14 (a) An obligor may not assert as a defense to failure to 72.15 pay child support that the obligee interfered with parenting 72.16 time or removed the child from the state without permission of 72.17 the obligor or the court. 72.18 (b) An obligee may not assert as a defense to interference 72.19 with parenting time or removing the child from the state without 72.20 permission of the obligor or the court, that the obligor failed 72.21 to pay child support. 72.22 (c) A party may petition the court for an appropriate order 72.23 if the other party: 72.24 (1) fails to make support payments; 72.25 (2) interferes with parenting time; or 72.26 (3) removes a child from this state without permission of 72.27 the court or the other parent. 72.28 Sec. 41. Minnesota Statutes 2002, section 518.619, is 72.29 amended to read: 72.30 518.619 [CUSTODY ORVISITATIONPARENTING TIME; MEDIATION 72.31 SERVICES.] 72.32 Subdivision 1. [MEDIATION PROCEEDING.] Except as provided 72.33 in subdivision 2, if it appears on the face of the petition or 72.34 other application for an order or modification of an order for 72.35thechild custodyof a childthat custody or parenting time is 72.36 contested, or that any issue pertinent to a custody or parenting 73.1 time determination, including parenting time rights, is 73.2 unresolved, the matter may be set for mediation of the contested 73.3 issueprior tobefore, concurrent with, orsubsequent to the73.4 after settingofthe matter for hearing. The purpose of the 73.5 mediation proceeding is to reduce acrimonywhichthat may exist 73.6 between the parties and to develop an agreement that is 73.7 supportive of the child's best interests. The mediatorshall73.8 must use best efforts to effect a settlement of the custody or 73.9 parenting time dispute, butshall havehas no coercive authority. 73.10 Subd. 2. [EXCEPTION.] If the court determines that there 73.11 is probable cause that one of the parties, or a child of a 73.12 party, has been physically or sexually abused bythe othera 73.13 party, the courtshallmust not require or refer the parties to 73.14 mediation or any other process that requires parties to meet and 73.15 confer without counsel, if any, present. 73.16 Subd. 3. [MEDIATOR APPOINTMENT.] In order to participate 73.17 in a custody mediation, a mediator must be appointed by the 73.18 family court. A mediator must be a member of the professional 73.19 staff of a family court, probation department, mental health 73.20 services agency, or a private mediation service. The mediator 73.21 must be on a list of mediators approved by the court having 73.22 jurisdiction of the matter, unless the parties stipulate to a 73.23 mediator not on the list. 73.24 Subd. 4. [MEDIATOR QUALIFICATIONS.] A mediator who 73.25 performs mediation in contested child custody mattersshallmust 73.26 meet the following minimum qualifications: 73.27(a)(1) knowledge of the court system and the procedures 73.28 used in contested child custody matters; 73.29(b)(2) knowledge of other resources in the community to 73.30 which the parties to contested child custody matters can be 73.31 referred for assistance; 73.32(c)(3) knowledge of child development, clinical issues 73.33 relating to children, the effects of marriage dissolution on 73.34 children, and child custody research; and 73.35(d)(4) a minimum of 40 hours of certified mediation 73.36 training. 74.1 Subd. 5. [RECORDS; PRIVATE DATA.] Mediation proceedings 74.2shallmust be conducted in private. All records of a mediation 74.3 proceedingshall beare private and not available as evidence in 74.4 an action for marriage dissolution and related proceedings on 74.5 any issue in controversy in the dissolution. 74.6 Subd. 6. [MEDIATOR RECOMMENDATIONS.] When the parties have 74.7 not reached agreement as a result of the mediation proceeding, 74.8 the mediator may recommend to the court that an investigation be 74.9 conducted under section 518.167, or that other action be taken 74.10 to assist the parties to resolve the controversy before a 74.11 hearing on the issues. The mediator may not conduct the 74.12 investigation or evaluation unless: (1) the parties agree in a 74.13 writing, executed after the termination of mediation, that the 74.14 mediator may conduct the investigation or evaluation, or (2) 74.15 there is no other person reasonably available to conduct the 74.16 investigation or evaluation. The mediator may recommend that 74.17 mutual restraining orders be issued in appropriate cases, 74.18 pending determination of the controversy, to protect the 74.19 well-being of the children involved in the controversy. 74.20 Subd. 7. [MEDIATION AGREEMENT.] An agreement reached by 74.21 the parties as a result of mediationshallmust be discussed by 74.22 the parties with their attorneys, if any, and. The approved 74.23 agreement may then be included in the marital dissolution decree 74.24 or other stipulation submitted to the court. An agreement 74.25 reached by the parties as a result of mediation may not be 74.26 presented to the court nor made enforceable unless the parties 74.27 and their counsel, if any, consent to its presentation to the 74.28 court, and the court adopts the agreement. 74.29 Subd. 8. [RULES.] Each courtshallmust adopt rules to 74.30 implement this section, andshallmust compile and maintain a 74.31 list of mediators. 74.32 Sec. 42. Minnesota Statutes 2002, section 519.11, 74.33 subdivision 1, is amended to read: 74.34 Subdivision 1. [ANTENUPTIAL CONTRACT.] A man and woman of 74.35 legal age may enter into an antenuptial contract or settlement 74.36 prior to solemnization of marriage which shall be valid and 75.1 enforceable if (a) there is a full and fair disclosure of the 75.2 earnings and property of each party, and (b) the parties have 75.3 had an opportunity to consult with legal counsel of their own 75.4 choice. An antenuptial contract or settlement made in 75.5 conformity with this section may determine what rights each 75.6 party has in the nonmarital property, defined in section 518.54, 75.7 subdivision 5, clauses(a)(1) to(d)(4), upon dissolution of 75.8 marriage, legal separation or after its termination by death and 75.9 may bar each other of all rights in the respective estates not 75.10 so secured to them by their agreement. This section shall not 75.11 be construed to make invalid or unenforceable any antenuptial 75.12 agreement or settlement made and executed in conformity with 75.13 this section because the agreement or settlement covers or 75.14 includes marital property, if the agreement or settlement would 75.15 be valid and enforceable without regard to this section. 75.16 Sec. 43. [REVISOR'S INSTRUCTION.] 75.17 The revisor of statutes must renumber the sections in 75.18 Minnesota Statutes listed in column A as indicated in column B 75.19 and correct cross-references to those sections throughout 75.20 Minnesota Statutes and Minnesota Rules. 75.21 A B 75.22 518.003, subd. 2 517B.01, subd. 5 75.23 518.003, subd. 3 517B.01, subd. 2 75.24 518.003, subd. 4 517B.01, subd. 3 75.25 518.003, subd. 5 517B.01, subd. 4 75.26 518.155 517B.02 75.27 518.156 517B.13 75.28 518.157 517B.06 75.29 518.165, subd. 1 517B.08, subd. 1 75.30 518.165, subd. 2 518B.08, subd. 2 75.31 518.165, subd. 2a 517B.08, subd. 3 75.32 518.165, subd. 3 517B.08, subd. 4 75.33 518.166 517B.14 75.34 518.167 517B.15 75.35 518.168 517B.16 75.36 518.1705 517B.28 76.1 518.175, subd. 1 517B.25, subd. 1 76.2 518.175, subd. 1a 517B.25, subd. 2 76.3 518.175, subd. 2 517B.25, subd. 3 76.4 518.175, subd. 3 517B.25, subd. 4 76.5 518.175, subd. 5 517B.25, subd. 6 76.6 518.175, subd. 6 517B.25, subd. 7 76.7 518.175, subd. 8 517B.25, subd. 8 76.8 518.1751, subd. 1 517B.26, subd. 1 76.9 518.1751, subd. 1a 517B.26, subd. 3 76.10 518.1751, subd. 1b 517B.26, subd. 2 76.11 518.1751, subd. 2 517B.26, subd. 6 76.12 518.1751, subd. 2a 517B.26, subd. 7 76.13 518.1751, subd. 2b 517B.26, subd. 4 76.14 518.1751, subd. 2c 517B.26, subd. 5 76.15 518.1751, subd. 3 517B.26, subd. 8 76.16 518.1751, subd. 4 517B.26, subd. 13 76.17 518.1751, subd. 4a 517B.26, subd. 9 76.18 518.1751, subd. 5 517B.26, subd. 10 76.19 518.1751, subd. 5a 517B.26, subd. 11 76.20 518.1751, subd. 6 517B.26, subd. 12 76.21 518.1752 517B.30 76.22 518.176 517B.20 76.23 518.177 517B.04 para. (b) 76.24 518.178 517B.25, subd. 5 76.25 518.179 517B.09 76.26 518.18 517B.21 76.27 518.183 517B.27 76.28 518.612 517B.10 76.29 518.619 517B.07 76.30 Sec. 44. [REPEALER.] 76.31 Minnesota Statutes 2002, sections 518.17; 518.1752; and 76.32 518.185; are repealed. 76.33 ARTICLE 3 76.34 CHILD SUPPORT 76.35 Section 1. [517C.01] [TITLE.] 76.36 This chapter may be cited as the "Minnesota Child Support 77.1 Act." 77.2 Sec. 2. [517C.02] [DEFINITIONS.] 77.3 Subdivision 1. [SCOPE.] The definitions in this section 77.4 apply to this chapter. 77.5 Subd. 2. [ARREARS.] "Arrears" means amounts owed under a 77.6 support order that are past due. Arrears include: 77.7 (1) child support; 77.8 (2) the entire amount of court-ordered past support and 77.9 pregnancy and confinement expenses if: 77.10 (i) the order does not contain repayment terms; or 77.11 (ii) the order contains repayment terms and the obligor 77.12 fails to comply with the repayment terms; and 77.13 (3) attorney fees and any other collection costs addressed 77.14 in a support order under section 517C.84. 77.15 Subd. 3. [BASIC SUPPORT.] "Basic support" means the dollar 77.16 amount ordered for a child's housing, food, clothing, 77.17 transportation, and education costs, and other expenses relating 77.18 to the child's care. Basic support does not include monetary 77.19 contributions for a child's private school tuition, child care 77.20 expenses, and medical and dental expenses. 77.21 Subd. 4. [BUSINESS DAY.] "Business day" means a day on 77.22 which state offices are open for regular business. 77.23 Subd. 5. [CHILD.] "Child" means an individual under 18 77.24 years of age, an individual under age 20 who is still attending 77.25 secondary school, or an individual who, by reason of physical or 77.26 mental condition, is incapable of self-support. 77.27 Subd. 6. [CHILD SUPPORT.] "Child support" means an amount 77.28 for basic support, child care support, and medical support 77.29 pursuant to: 77.30 (1) an award in a dissolution, legal separation, annulment, 77.31 or parentage proceeding for the care, support, and education of 77.32 a child of the marriage or of the parties to the proceeding; 77.33 (2) a contribution by parents ordered under section 256.87; 77.34 or 77.35 (3) support ordered under chapter 518B or 518C. 77.36 Subd. 7. [DEPOSIT ACCOUNT.] "Deposit account" means funds 78.1 deposited with a financial institution in the form of a savings 78.2 account, checking account, NOW account, or demand deposit 78.3 account. 78.4 Subd. 8. [FINANCIAL INSTITUTION.] "Financial institution" 78.5 means a savings association, bank, trust company, credit union, 78.6 industrial loan and thrift company, bank and trust company, or 78.7 savings association, and includes a branch or detached facility 78.8 of a financial institution. 78.9 Subd. 9. [OBLIGEE.] "Obligee" means a person to whom 78.10 payments for child support are owed. 78.11 Subd. 10. [OBLIGOR.] "Obligor" means a person obligated to 78.12 pay child support. A person who is designated as the sole 78.13 physical custodian of a child is presumed not to be an obligor 78.14 for purposes of calculating current support unless the court 78.15 makes specific written findings to overcome this presumption. 78.16 For purposes of ordering medical support under section 517C.17, 78.17 a custodial parent may be an obligor subject to income 78.18 withholding under section 517C.17; a cost-of-living adjustment 78.19 under section 517C.31; and a payment agreement under section 78.20 517C.71. 78.21 Subd. 11. [PAYMENT.] "Payment" means the payment of child 78.22 support and related payments required by order of a tribunal, 78.23 voluntary support, or statutory fees. 78.24 Subd. 12. [PAYOR OF FUNDS.] "Payor of funds" means a 78.25 person or entity that provides funds to an obligor, including an 78.26 employer as defined under chapter 24 of the Internal Revenue 78.27 Code, section 3401(d), an independent contractor, payor of 78.28 workers' compensation benefits or unemployment insurance 78.29 benefits, or a financial institution as defined in section 78.30 13B.06. 78.31 Subd. 13. [PUBLIC AUTHORITY.] "Public authority" means the 78.32 local unit of government, acting on behalf of the state, that is 78.33 responsible for child support enforcement or the child support 78.34 enforcement division of the department of human services. 78.35 Subd. 14. [SUPPORT ORDER.] (a) "Support order" means a 78.36 judgment, decree, or order, whether temporary, final, or subject 79.1 to modification, issued by a court or administrative agency of 79.2 competent jurisdiction that: 79.3 (1) provides for the support of a child, including a child 79.4 who has attained the age of majority under the law of the 79.5 issuing state, or a child and the parent with whom the child is 79.6 living; 79.7 (2) provides for basic support, child care, medical support 79.8 including expenses for confinement and pregnancy, arrears, or 79.9 reimbursement; and 79.10 (3) may include related costs and fees, interest and 79.11 penalties, income withholding, and other relief. 79.12 (b) The definition in paragraph (a) applies to orders 79.13 issued under this chapter and chapters 256, 257, and 518C. 79.14 Subd. 15. [TRIBUNAL.] "Tribunal" has the meaning given in 79.15 section 518C.101. 79.16 Subd. 16. [UNCLAIMED SUPPORT FUNDS.] "Unclaimed support 79.17 funds" means any support payments collected by the public 79.18 authority from the obligor, which have not been disbursed to the 79.19 obligee or public authority. 79.20 Subd. 17. [IV-D CASE.] "IV-D case" means a case where a 79.21 party assigns rights to child support to the state because the 79.22 party receives public assistance, as defined in section 256.741, 79.23 or applies for child support services under title IV-D of the 79.24 Social Security Act, United States Code, title 42, section 79.25 654(4). 79.26 Sec. 3. [517C.04] [CHILD SUPPORT ORDERS.] 79.27 Subdivision 1. [ORDER.] (a) Upon dissolution of marriage, 79.28 legal separation, annulment, establishment of paternity, or when 79.29 otherwise required by statute, the court must order child 79.30 support as provided by this chapter. 79.31 (b) Nothing contained in this chapter limits the power of 79.32 the court to make appropriate, adequate orders for the support 79.33 and education of a child of the parties to a dissolution, legal 79.34 separation, or annulment action if the dissolution, legal 79.35 separation, or annulment is denied. 79.36 Subd. 2. [PROVISIONS.] Child support orders must provide 80.1 for general child rearing costs or basic support and must also 80.2 specifically address child care costs and medical care, 80.3 providing for those costs pursuant to this chapter. 80.4 Subd. 3. [AGREEMENTS.] If the parties stipulate or agree 80.5 to a child support order, the court must review the agreement to 80.6 ensure it serves the best interests of the child. The Minnesota 80.7 Supreme Court may promulgate rules regarding the review of 80.8 stipulations and agreements. The court may refuse to accept or 80.9 may alter an agreement that does not conform with the 80.10 requirements of this chapter or that is otherwise not in the 80.11 best interests of the child. 80.12 Subd. 4. [SPECIFIC DOLLAR AMOUNT.] (a) The court must 80.13 order child support in a specific dollar amount. 80.14 (b) The court may order an obligor to pay child support in 80.15 the form of a percentage share of the obligor's net bonuses, 80.16 commissions, or other forms of compensation, in addition to, or 80.17 if the obligor receives no base pay, in lieu of an order for a 80.18 specific dollar amount. 80.19 Subd. 5. [PREFERENCE FOR MONTHLY PAYMENT.] There is a 80.20 presumption in favor of ordering child support in an amount that 80.21 reflects an obligor's monthly obligation. 80.22 Subd. 6. [PREFERENCE FOR STATIC PAYMENT.] There is a 80.23 presumption in favor of ordering child support so that an 80.24 obligor makes the same monthly payments throughout the year, as 80.25 opposed to payment amounts that fluctuate by season or month. 80.26 If the obligor is seasonally employed, it is generally the 80.27 obligor's responsibility to budget income accordingly. 80.28 Subd. 7. [DEPARTURE.] The court may depart from a 80.29 presumption in subdivision 5 or 6 if: 80.30 (1) all parties agree; or 80.31 (2) the presumption would impose an extreme hardship on the 80.32 obligor and would not be in the best interests of the child. 80.33 Subd. 8. [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) 80.34 Upon an obligor's motion, a court may order an obligee to 80.35 account for the use or disposition of child support received. 80.36 The motion must assert the specific allegations of abuse or 81.1 misapplication of child support received and that a child's 81.2 needs are not being met. If the court orders a hearing, the 81.3 court may order an accounting only if the obligor establishes 81.4 the specific allegations of abuse or misapplication of child 81.5 support received and that the child's needs are not being met. 81.6 (b) If the court orders an accounting under paragraph (a), 81.7 the obligee must provide documentation that breaks down monthly 81.8 expenditures of child support received into the following 81.9 categories: 81.10 (1) housing and utilities; 81.11 (2) food; 81.12 (3) transportation; 81.13 (4) clothing; 81.14 (5) health care; 81.15 (6) child care and education; and 81.16 (7) miscellaneous. 81.17 An obligee may account for expenditures on housing, utilities, 81.18 food, and transportation that are attributable to multiple 81.19 household members on a per capita basis. 81.20 (c) If the court finds that an obligee does not make the 81.21 accounting required under paragraph (b) or the obligee does not 81.22 spend the entire child support payment on behalf of the child, 81.23 the court may: 81.24 (1) hold the obligee in contempt of court pursuant to this 81.25 chapter, Minnesota Statutes, chapter 588, and the Minnesota 81.26 rules of court; 81.27 (2) reduce or eliminate the obligor's child support 81.28 obligation; 81.29 (3) order the obligee to make future expenditures on behalf 81.30 of the child, whether in whole or in part, in a manner that 81.31 documents the transaction; or 81.32 (4) make any other appropriate order to ensure that the 81.33 child's needs are met. 81.34 (d) If the court determines that an obligor's motion under 81.35 this section is brought in bad faith, the court may award 81.36 reasonable attorney fees to the obligee. 82.1 Subd. 9. [CHILD SUPPORT TO BE DISTINGUISHED FROM 82.2 MAINTENANCE.] In a judgment of dissolution or legal separation, 82.3 the court must clearly distinguish between payments ordered for 82.4 maintenance and payments ordered for child support. An award of 82.5 payments from future income or earnings of the parent with whom 82.6 the child resides is presumed to be maintenance and an award of 82.7 payments from the future income or earnings of the other parent 82.8 is presumed to be child support, unless otherwise designated by 82.9 the court. 82.10 Subd. 10. [OTHER CUSTODIANS.] If a child resides with a 82.11 person other than a parent and the court approves of the custody 82.12 arrangement, the court may order child support payments to be 82.13 made to the custodian regardless of whether the person has legal 82.14 custody. 82.15 Subd. 11. [EITHER PARENT LIABLE; MARITAL MISCONDUCT 82.16 IRRELEVANT.] The court may order either or both parents owing a 82.17 duty of support to a child to pay an amount reasonable or 82.18 necessary for the child's support, without regard to marital 82.19 misconduct. 82.20 Sec. 4. [517C.05] [TEMPORARY ORDERS.] 82.21 Subdivision 1. [MOTION; SCOPE.] In a child support 82.22 proceeding a party may, by motion, request that the court grant 82.23 a temporary order pending the final disposition of the 82.24 proceeding for temporary child support, costs, and reasonable 82.25 attorney fees. Additionally, to facilitate the just and speedy 82.26 disposition of the proceeding, the court may require a party to 82.27 perform or refrain from performing additional acts. 82.28 Subd. 2. [DURATION.] A temporary order continues in full 82.29 force and effect until: 82.30 (1) it is amended; 82.31 (2) it is vacated; 82.32 (3) the main action is dismissed; or 82.33 (4) a final decree of dissolution, legal separation, or 82.34 other final order is entered. 82.35 Subd. 3. [FACTORS.] The court must consider the factors 82.36 set forth in this chapter in making temporary orders. 83.1 Subd. 4. [EVIDENCE.] Temporary orders must be made solely 83.2 on the basis of affidavits and argument of counsel unless: 83.3 (1) a party makes a timely motion or responsive motion to 83.4 hear the matter on oral testimony before the court; or 83.5 (2) the court, in its discretion, orders the taking of oral 83.6 testimony. 83.7 Subd. 5. [LIMITED EFFECT.] A temporary order does not 83.8 prejudice the rights of the parties or the child that are to be 83.9 adjudicated at subsequent hearings in the proceeding. 83.10 Subd. 6. [REVOCATION; MODIFICATION.] A temporary order may 83.11 be revoked or modified by the court before the final disposition 83.12 of the proceeding upon the same grounds and subject to the same 83.13 requirements as the initial granting of the order. 83.14 Sec. 5. [517C.06] [DETERMINATION OF CONTROLLING ORDER.] 83.15 The public authority or a party may request the court to 83.16 determine a controlling order when more than one order involving 83.17 the same obligor and child exists. 83.18 Sec. 6. [517C.07] [ATTORNEY FEES; COSTS AND 83.19 DISBURSEMENTS.] 83.20 Subdivision 1. [GENERAL.] (a) Except as provided in 83.21 section 517C.84, in a proceeding under this chapter, the court 83.22 must award attorney fees, costs, and disbursements in an amount 83.23 necessary to enable a party to carry on or contest the 83.24 proceeding if: 83.25 (1) the fees are necessary for the good-faith assertion of 83.26 the party's rights in the proceeding and will not contribute 83.27 unnecessarily to the length and expense of the proceeding; 83.28 (2) the party from whom fees, costs, and disbursements are 83.29 sought has the means to pay them; and 83.30 (3) the party to whom fees, costs, and disbursements are 83.31 awarded does not have the means to pay them. 83.32 (b) Fees, costs, and disbursements may be awarded at any 83.33 point during or after a proceeding under this chapter, including 83.34 if a proceeding is dismissed or abandoned. 83.35 (c) The court may assess costs and disbursements against 83.36 either party. 84.1 Subd. 2. [UNREASONABLE ACTIONS.] The court may, in its 84.2 discretion, assess additional fees, costs, and disbursements 84.3 against a party who unreasonably contributes to the length or 84.4 expense of the proceeding. 84.5 Subd. 3. [COLLECTION.] The court may authorize the 84.6 collection of money awarded by execution, or out of property 84.7 sequestered, or in any other manner within the power of the 84.8 court. An award of attorney fees survives the proceeding. If 84.9 the award is not paid by the party directed to pay it, the award 84.10 may be enforced as provided by this subdivision or by a separate 84.11 civil action brought in the attorney's own name. 84.12 Sec. 7. [517C.10] [EXCHANGE OF INFORMATION.] 84.13 Subdivision 1. [DOCUMENTATION.] (a) The parties must 84.14 timely serve and file documentation of earnings and income. 84.15 When there is a prehearing conference, the court must receive 84.16 the documentation at least ten days before the prehearing 84.17 conference. 84.18 (b) Documentation of earnings and income includes, but is 84.19 not limited to, pay stubs for the most recent three months, 84.20 employer statements, or statement of receipts and expenses if 84.21 self-employed. Documentation of earnings and income also 84.22 includes copies of each parent's most recent federal tax 84.23 returns, W-2 forms, 1099 forms, unemployment insurance benefits 84.24 statements, workers' compensation statements, and all other 84.25 documents evidencing the receipt of income that provide 84.26 verification of income over a longer period. 84.27 Subd. 2. [EXCHANGE OF TAX RETURNS.] At any time after a 84.28 party commences an action seeking child support or when a child 84.29 support order is in effect, a party or the public authority may 84.30 require the other party to give them a copy of the other party's 84.31 most recent federal tax returns that were filed with the 84.32 Internal Revenue Service. The party must provide a copy of the 84.33 tax returns within 30 days of receiving the request unless the 84.34 request is not made in good faith. A party may not make a 84.35 request under this subdivision more than once every two years, 84.36 in the absence of good cause. 85.1 Subd. 3. [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] An 85.2 obligor must notify other parties of a change of address or 85.3 residence within 60 days of the address or residence change. 85.4 Subd. 4. [NOTICE TO PUBLIC AUTHORITY; PUBLIC ASSISTANCE.] 85.5 The petitioner must notify the public authority of all 85.6 proceedings for dissolution, legal separation, determination of 85.7 parentage, or for the custody of a child, if either party is 85.8 receiving public assistance or applies for it subsequent to the 85.9 commencement of the proceeding. The notice must contain the 85.10 full names of the parties to the proceeding, their social 85.11 security account numbers, and their birth dates. 85.12 Subd. 5. [FAILURE OF NOTICE.] If the court in a 85.13 dissolution, legal separation, or determination of parentage 85.14 proceeding, finds before issuing the order for judgment and 85.15 decree, that notification has not been given to the public 85.16 authority, the court must set child support according to the 85.17 guidelines in this chapter. In those proceedings in which no 85.18 notification has been made pursuant to this section and in which 85.19 the public authority determines that the judgment is lower than 85.20 the child support required by the guidelines in this chapter, it 85.21 must move the court for a redetermination of the support 85.22 payments ordered so that the support payments comply with the 85.23 guidelines. 85.24 Sec. 8. [517C.11] [PRIVACY PROTECTION; PERSONAL 85.25 PROTECTION.] 85.26 Subdivision 1. [SOCIAL SECURITY NUMBERS; TAX RETURNS.] The 85.27 social security numbers and tax returns required under this 85.28 chapter are not accessible to the public, except that they must 85.29 be disclosed to the other parties to a proceeding as provided in 85.30 section 517C.10. 85.31 Subd. 2. [MODIFICATION OF CERTAIN REQUIREMENTS.] The court 85.32 may waive, modify, or limit the information exchange 85.33 requirements of this chapter by order if necessary to protect a 85.34 party from contact by another party. 85.35 Subd. 3. [ACCESS TO ADDRESS FOR SERVICE OF PROCESS.] (a) 85.36 If the public authority is a party or is providing services in a 86.1 child support case, a party may obtain an ex parte order under 86.2 this subdivision. The party may obtain an ex parte order 86.3 requiring the public authority to serve legal documents on the 86.4 other party by mail if the party submits a sworn affidavit to 86.5 the court stating that: 86.6 (1) the party needs to serve legal process in a support 86.7 proceeding and does not have access to the address of the other 86.8 party; 86.9 (2) the party has made reasonable efforts to locate the 86.10 other party; and 86.11 (3) the other party is not represented by counsel. 86.12 (b) The public authority must serve legal documents 86.13 provided by the moving party at the last known address of the 86.14 other party upon receipt of a court order under paragraph (a). 86.15 The public authority must provide for appropriate service and 86.16 must certify to all parties the date of service by mail. The 86.17 public authority's proof of service must not include the place 86.18 or address of service. 86.19 (c) The state court administrator must prepare and make 86.20 available forms for use in seeking access to an address under 86.21 this subdivision. 86.22 Sec. 9. [517C.12] [INCOME.] 86.23 Subdivision 1. [DEFINITION.] For purposes of calculating 86.24 child support under this chapter, "income" means gross income. 86.25 Subd. 2. [SOURCES.] For purposes of this chapter, income 86.26 includes any form of periodic payment to an individual 86.27 including, but not limited to: 86.28 (1) wages; 86.29 (2) salaries; 86.30 (3) payments to an independent contractor; 86.31 (4) workers' compensation; 86.32 (5) unemployment insurance benefits; 86.33 (6) annuity; 86.34 (7) military and naval retirement; 86.35 (8) pension and disability payments; and 86.36 (9) in-kind payments received by the obligor in the course 87.1 of employment, self-employment, or operation of a business if 87.2 the payments reduce the obligor's living expenses. 87.3 Subd. 3. [COMMISSIONS; BONUSES.] If the court finds that a 87.4 party's commissions or bonuses are reliable and predictable, the 87.5 court may include them in income calculations. 87.6 Subd. 4. [SELF-EMPLOYMENT; INDEPENDENT CONTRACTORS.] (a) 87.7 Income from self-employment is equal to gross receipts minus 87.8 ordinary and necessary expenses. Ordinary and necessary 87.9 expenses include what would otherwise be the employer's share of 87.10 the contributions under the Federal Insurance Contributions Act 87.11 (FICA), United States Code, title 26, subtitle C, chapter 21, 87.12 subchapter A, sections 3101 to 3126. Ordinary and necessary 87.13 expenses do not necessarily include amounts allowed by the 87.14 Internal Revenue Service for accelerated depreciation expenses 87.15 or investment tax credits or any other business expenses 87.16 determined by the court to be inappropriate for determining 87.17 income for purposes of child support. The person seeking to 87.18 deduct an expense, including depreciation, has the burden of 87.19 proving, if challenged, that the expense is ordinary and 87.20 necessary. Income calculated under this section may be 87.21 different from taxable income. 87.22 Subd. 5. [PUBLIC ASSISTANCE EXCLUSIONS.] Benefits received 87.23 under chapter 256J and Title IV-A of the Social Security Act are 87.24 not income under this section. 87.25 Subd. 6. [OVERTIME.] (a) Income does not include 87.26 compensation received by a party for employment in excess of a 87.27 40-hour work week if: 87.28 (1) the excess employment is not within the normal range of 87.29 hours worked, given the party's employment history; 87.30 (2) the excess employment is voluntary and not a condition 87.31 of employment; 87.32 (3) the excess employment is in the nature of additional, 87.33 part-time, or overtime employment compensable by the hour or 87.34 fraction of an hour; and 87.35 (4) the party's compensation structure has not been changed 87.36 for the purpose of affecting a child support obligation. 88.1 (b) The court may presume that a party with seasonal or 88.2 intermittent income who works periods in excess of a 40-hour 88.3 work week, but who works a substantially normal number of hours 88.4 over the course of a year, is working within the normal range of 88.5 hours worked. 88.6 Subd. 7. [INCOME OF A SPOUSE OR OTHER HOUSEHOLD 88.7 MEMBER.] (a) Income must not include the income of a party's 88.8 spouse or other household member. The court must not consider 88.9 the income or resources provided by a spouse or other household 88.10 member when determining all the earnings, income, and resources 88.11 of a parent under sections 517C.25 to 517C.29. 88.12 (b) Notwithstanding paragraph (a), the court may issue an 88.13 order permitting discovery of a spouse's or other household 88.14 member's income information if there is probable cause to 88.15 believe the spouse or other household member is being used to 88.16 shelter income from a party. If the court finds that income was 88.17 improperly or unfairly sheltered, it may impute income to the 88.18 party or otherwise adjust the support amount in a just and 88.19 proper manner. However, the court may not under any 88.20 circumstances consider income or resources properly attributable 88.21 to a spouse or other household member when setting support. 88.22 Subd. 8. [PRIOR CHILD SUPPORT OR MAINTENANCE ORDERS.] The 88.23 amount of a child support or maintenance order, not including 88.24 orders for child support or maintenance debts or arrears, must 88.25 be deducted from income. 88.26 Subd. 9. [LEGALLY DEPENDENT CHILD.] (a) For purposes of 88.27 this subdivision, a "legally dependent child" means a child: 88.28 (1) whose primary residence is with a parent eligible for a 88.29 deduction from income under this subdivision; 88.30 (2) whom the parent has the legal duty to support; 88.31 (3) who is not a subject of the current child support 88.32 action; 88.33 (4) for whom the parent is not ordered to pay child 88.34 support; and 88.35 (5) for whom no other person has court-ordered sole 88.36 physical custody. 89.1 (b) The court must deduct an amount from a parent's income 89.2 for a legally dependent child. The amount deducted from income 89.3 for each legally dependent child must be computed using the 89.4 following method: 89.5 (1) determine 120 percent of the federal poverty guidelines 89.6 for a family size equal to two parents plus each legally 89.7 dependent child; 89.8 (2) divide the amount determined under clause (1) by the 89.9 family size determined under clause (1); 89.10 (3) multiply the amount calculated under clause (2) by the 89.11 number of legally dependent children; and 89.12 (4) divide the amount calculated under clause (3) by two to 89.13 determine the deduction amount for one parent. The amount 89.14 determined for one parent must be divided by 12 to determine the 89.15 amount of the deduction from a parent's monthly income. 89.16 (c) The commissioner of human services must publish a table 89.17 listing the amount of the deduction for each legally dependent 89.18 child by family size and must update the table for changes to 89.19 the federal poverty guidelines by July 1 of each year. 89.20 Sec. 10. [517C.13] [IMPUTED INCOME.] 89.21 Subdivision 1. [NONAPPEARANCE OF A PARTY.] If a parent 89.22 under the jurisdiction of the court does not appear at a court 89.23 hearing after proper notice of the time and place of the 89.24 hearing, the court must set income for that parent based on 89.25 credible evidence before the court or in accordance with 89.26 subdivision 3. Credible evidence may include documentation of 89.27 current or recent income, testimony of the other parent 89.28 concerning recent earnings and income levels, and the parent's 89.29 wage reports filed with the Minnesota department of economic 89.30 security under section 268.044. 89.31 Subd. 2. [VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT.] (a) 89.32 The principles of income imputation apply equally to obligors 89.33 and obligees. 89.34 (b) If the court finds that a parent is voluntarily 89.35 unemployed or underemployed or was voluntarily unemployed or 89.36 underemployed during the period for which past support is being 90.1 sought, a court must calculate support based on a determination 90.2 of imputed income. 90.3 (c) A parent is not considered voluntarily unemployed or 90.4 underemployed upon a showing by the parent that: 90.5 (1) the unemployment or underemployment is temporary and 90.6 will ultimately lead to an increase in income; 90.7 (2) the unemployment or underemployment represents a bona 90.8 fide career change that outweighs the adverse effect of that 90.9 parent's diminished income on the child; 90.10 (3) the parent is a recipient of public assistance under 90.11 section 256.741; or 90.12 (4) the parent is physically or mentally incapacitated. 90.13 (d) Imputed income means the estimated earning ability of a 90.14 parent based on the parent's prior earnings history, education, 90.15 and job skills, and on availability of jobs within the community 90.16 for an individual with the parent's qualifications. 90.17 Subd. 3. [INSUFFICIENT INFORMATION.] If there is 90.18 insufficient information to determine actual income or to impute 90.19 income pursuant to subdivision 1 or 2, the court may calculate 90.20 support based on full-time employment of 40 hours per week at 90.21 150 percent of the federal minimum wage or the Minnesota minimum 90.22 wage, whichever is higher. 90.23 Sec. 11. [517C.14] [PRESUMPTIVE CHILD SUPPORT ORDER; 90.24 GENERAL.] 90.25 Subdivision 1. [REBUTTABLE PRESUMPTION.] The guidelines in 90.26 sections 517C.12 to 517C.18 are a rebuttable presumption and 90.27 must be used in all cases when establishing or modifying child 90.28 support. 90.29 Subd. 2. [CHILD'S INSURANCE BENEFIT.] In establishing or 90.30 modifying child support, if a child receives a child's insurance 90.31 benefit under United States Code, title 42, section 402, because 90.32 the obligor is entitled to old age or disability insurance 90.33 benefits, the amount of support ordered must be offset by the 90.34 amount of the child's benefit. The court must make findings 90.35 regarding the obligor's income from all sources, the child 90.36 support amount calculated under this chapter, the amount of the 91.1 child's benefit, and the obligor's child support obligation. A 91.2 benefit received by the child in a given month in excess of the 91.3 child support obligation must not be treated as a payment of 91.4 arrears or a future payment. 91.5 Sec. 12. [517C.15] [BASIC SUPPORT.] 91.6 Subdivision 1. [BASIC SUPPORT; SCHEDULE.] (a) Unless 91.7 otherwise agreed to by the parties and approved by the court, 91.8 the court must order that basic support be divided between the 91.9 obligor and obligee based on their proportionate share of the 91.10 parties' combined monthly income, as determined under section 91.11 517C.12. 91.12 (b) For parents with a combined monthly income less than or 91.13 equal to 100 percent of the federal poverty guidelines amount 91.14 for two people, the commissioner of human services must 91.15 determine the percentages in this paragraph by taking two times 91.16 the minimum basic support amount under section 517C.18, 91.17 subdivision 2, divided by 100 percent of the federal poverty 91.18 guidelines amount for two people. For all other parents, basic 91.19 support must be computed using the following schedule, prepared 91.20 based on 2001 United States Department of Agriculture 91.21 expenditure data: 91.22 Parties' Number of Children 91.23 Combined 91.24 Monthly 91.25 Income One Two Three Four Five Six 91.26 91.27 Below $1,000 10.0% 16.1% 18.6% 21.6% 25.1% 29.1% 91.28 $1,000 - $1,499 10.0% 16.1% 18.6% 21.6% 25.1% 29.1% 91.29 $1,500 - $1,999 19.4% 31.3% 36.2% 42.0% 48.7% 56.5% 91.30 $2,000 - $2,499 28.7% 46.3% 53.5% 62.1% 72.0% 83.5% 91.31 $2,500 - $2,999 25.0% 40.3% 46.5% 53.9% 62.6% 72.6% 91.32 $3,000 - $3,499 22.5% 36.3% 41.9% 48.6% 56.4% 65.4% 91.33 $3,500 - $3,999 20.7% 33.4% 38.5% 44.7% 51.8% 60.1% 91.34 $4,000 - $4,499 19.4% 31.2% 36.1% 41.9% 48.6% 56.3% 91.35 $4,500 - $4,999 18.3% 29.6% 34.1% 39.6% 45.9% 53.2% 91.36 $5,000 - $5,499 17.5% 28.2% 32.6% 37.8% 43.9% 50.9% 91.37 $5,500 - $5,999 16.8% 27.1% 31.3% 36.3% 42.1% 48.9% 92.1 $6,000 - $6,400 16.2% 26.2% 30.2% 35.0% 40.6% 47.1% 92.2 $6,500 - $6,999 15.8% 25.4% 29.3% 34.0% 39.4% 45.7% 92.3 $7,000 - $7,499 15.4% 24.8% 28.6% 33.2% 38.5% 44.6% 92.4 $7,500 - $7,999 15.0% 24.2% 27.9% 32.4% 37.5% 43.5% 92.5 $8,000 - $8,499 14.7% 23.7% 27.3% 31.7% 36.7% 42.6% 92.6 $8,500 - $8,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 92.7 $9,000 - $9,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 92.8 $9,500 - $9,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 92.9 $10,000 - $10,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 92.10 $10,500 - $10,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 92.11 $11,000 - $11,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 92.12 $11,500 - $11,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 92.13 $12,000 - $12,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 92.14 $12,500 - $12,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 92.15 $13,000 - $13,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 92.16 $13,500 - $13,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 92.17 $14,000 - $14,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 92.18 $14,500 - $14,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 92.19 $15,500 or 92.20 the amount 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 92.21 in effect 92.22 under subd. 4 92.23 (c) The commissioner of human services must compute and 92.24 publish a schedule of basic support amounts calculated using the 92.25 percentages in paragraph (b). The schedule must show basic 92.26 support amounts for combined monthly income increments of not 92.27 more than $100. The commissioner must determine the percentages 92.28 for each income increment by interpolating between the 92.29 percentages in paragraph (b). The commissioner may disregard a 92.30 fractional part of a dollar unless it amounts to 50 cents or 92.31 more, in which case the commissioner may increase the amount by 92.32 $1. 92.33 Subd. 2. [SEPARATE HOUSEHOLD ADJUSTMENT.] After 92.34 determining each party's basic support under subdivision 1, the 92.35 court must reduce the basic support of each parent by 20 percent. 92.36 Subd. 3. [JOINT PHYSICAL CUSTODY.] (a) If the parties' 92.37 parenting time approximates joint physical custody, an obligor's 93.1 basic support obligation is 50 percent of the difference between 93.2 the obligor's and obligee's basic support obligation, as 93.3 determined under subdivision 1. 93.4 (b) A parenting time division approximates joint physical 93.5 custody if each parent provides, or is responsible for 93.6 providing, care at least 45 percent of the days in a year. 93.7 (c) For purposes of this subdivision, the following 93.8 principles apply: 93.9 (1) the label given to a custody arrangement is not 93.10 determinative; 93.11 (2) the actual division of parenting time controls; and 93.12 (3) an overnight stay presumptively constitutes a day of 93.13 caregiving. 93.14 (d) The court must make specific findings in support of an 93.15 adjustment to an obligor's basic support obligation under this 93.16 subdivision. 93.17 Subd. 4. [INCOME CAP ON DETERMINING BASIC SUPPORT.] (a) 93.18 The basic support obligation for parties with a combined monthly 93.19 income in excess of the income limit currently in effect under 93.20 subdivision 1 must be the same dollar amount as provided for 93.21 parties with a combined monthly income equal to the income limit 93.22 in effect under subdivision 1. 93.23 (b) A court may order a basic support obligation in a child 93.24 support order in an amount that exceeds the income limit in 93.25 subdivision 1 if it finds that a child has a disability or other 93.26 substantial, demonstrated need for the additional support and 93.27 that the additional support will directly benefit the child. 93.28 (c) The dollar amount for the cap in subdivision 1 must be 93.29 adjusted on July 1 of every even-numbered year to reflect 93.30 cost-of-living changes. The supreme court must select the index 93.31 for the adjustment from the indices listed in section 517C.31. 93.32 The state court administrator must make the changes in the 93.33 dollar amounts required by this paragraph available to courts 93.34 and the public on or before April 30 of the year in which the 93.35 amount is to change. 93.36 Subd. 5. [MORE THAN SIX CHILDREN.] If a child support 94.1 proceeding involves more than six children, the court may derive 94.2 a support order without specifically following the guidelines. 94.3 However, the court must consider the basic principles 94.4 encompassed by the guidelines and must consider both parties' 94.5 needs, resources, and circumstances. 94.6 Subd. 6. [REPORT TO LEGISLATURE.] By January 15 each year, 94.7 the commissioner of human services must submit a report to the 94.8 legislature on the basic support schedule. The report must 94.9 include the following: 94.10 (1) information on any changes to the United States 94.11 Department of Agriculture expenditure data used in constructing 94.12 the basic support schedule under subdivision 1; 94.13 (2) information on any new sources of economic data that 94.14 could be used to construct a basic support schedule; and 94.15 (3) a summary of any problems or concerns with implementing 94.16 or applying the basic support schedule, and recommendations on 94.17 how to resolve those problems or concerns. 94.18 Sec. 13. [517C.16] [CHILD CARE SUPPORT.] 94.19 Subdivision 1. [CHILD CARE COSTS.] Unless otherwise agreed 94.20 to by the parties and approved by the court, the court must 94.21 order that the child care costs be divided between the obligor 94.22 and obligee based on their proportionate share of the parties' 94.23 combined monthly income, as determined under section 517C.12. 94.24 Subd. 2. [LOW-INCOME OBLIGOR.] (a) If the obligor's income 94.25 as determined under section 517C.12 meets the income eligibility 94.26 requirements for child care assistance under the basic sliding 94.27 fee program under chapter 119B, the court must order the obligor 94.28 to pay the lesser of the following amounts: 94.29 (1) the amount of the obligor's monthly co-payment for 94.30 child care assistance under the basic sliding fee schedule 94.31 established by the commissioner of children, families, and 94.32 learning under chapter 119B, based on an obligor's monthly gross 94.33 income as determined under section 517C.12 and the size of the 94.34 obligor's household. For purposes of this subdivision, the 94.35 obligor's household includes the obligor and the number of 94.36 children for whom child support is being ordered; or 95.1 (2) the amount of the obligor's child care obligation under 95.2 subdivision 1. 95.3 (b) The commissioner of human services must publish a table 95.4 with the child care assistance basic sliding fee amounts and 95.5 update the table for changes to the basic sliding fee schedule 95.6 by July 1 of each year. 95.7 Subd. 3. [DETERMINING COSTS.] (a) The court must require 95.8 verification of employment or school attendance and 95.9 documentation of child care expenses from the obligee and the 95.10 public authority, if applicable. 95.11 (b) If child care expenses fluctuate during the year 95.12 because of the obligee's seasonal employment or school 95.13 attendance or extended periods of parenting time with the 95.14 obligor, the court must determine child care expenses based on 95.15 an average monthly cost. 95.16 (c) The amount allocated for child care expenses is 95.17 considered child support but is not subject to a cost-of-living 95.18 adjustment under section 517C.31. 95.19 (d) The court may allow the parent with whom the child does 95.20 not reside to care for the child while the parent with whom the 95.21 child resides is working or attending school, as provided in 95.22 section 517B.25, subdivision 8. Allowing the parent with whom 95.23 the child does not reside to care for the child under section 95.24 517B.25, subdivision 8, is not a reason to deviate from the 95.25 guidelines. 95.26 Subd. 4. [CHANGE IN CHILD CARE.] (a) When a court order 95.27 provides for child care expenses and the public authority 95.28 provides child support enforcement services, the public 95.29 authority must suspend collecting the amount allocated for child 95.30 care expenses when: (1) either party informs the public 95.31 authority that no child care costs are being incurred; and (2) 95.32 the public authority verifies the accuracy of the information. 95.33 The public authority will resume collecting child care expenses 95.34 when either party provides information that child care costs 95.35 have resumed. 95.36 (b) If the parties provide conflicting information to the 96.1 public authority regarding whether child care expenses are being 96.2 incurred, the public authority will continue or resume 96.3 collecting child care expenses. Either party, by motion to the 96.4 court, may challenge the suspension or resumption of the 96.5 collection of child care expenses. If the public authority 96.6 suspends collection activities for the amount allocated for 96.7 child care expenses, all other provisions of the court order 96.8 remain in effect. 96.9 (c) In cases where there is a substantial increase or 96.10 decrease in child care expenses, the parties may modify the 96.11 order under section 517C.31. 96.12 Sec. 14. [517C.17] [MEDICAL SUPPORT.] 96.13 Subdivision 1. [DEFINITIONS.] The definitions in this 96.14 subdivision apply to this chapter. 96.15 (a) "Health care coverage" means health care benefits that 96.16 are provided by a health plan. Health care coverage does not 96.17 include any form of medical assistance under chapter 256B or 96.18 MinnesotaCare under chapter 256L. 96.19 (b) "Health carrier" means a carrier as defined in sections 96.20 62A.011, subdivision 2, and 62L.02, subdivision 16. 96.21 (c) "Health plan" means a plan meeting the definition under 96.22 section 62A.011, subdivision 3, a group health plan governed 96.23 under the federal Employee Retirement Income Security Act of 96.24 1974 (ERISA), a self-insured plan under sections 43A.23 to 96.25 43A.317 and 471.617, or a policy, contract, or certificate 96.26 issued by a community-integrated service network licensed under 96.27 chapter 62N. Health plan includes plans: (1) provided on an 96.28 individual and group basis, (2) provided by an employer or 96.29 union, (3) purchased in the private market, and (4) available to 96.30 a person eligible to carry insurance for the child. Health plan 96.31 includes a plan providing for dependent-only, dental, or vision 96.32 coverage and a plan provided through a party's spouse or parent. 96.33 (d) "Medical support" means providing health care coverage 96.34 for a child by carrying health care coverage for the child or by 96.35 contributing to the cost of health care coverage, public 96.36 coverage, unreimbursed medical expenses, and uninsured medical 97.1 expenses of the child. 97.2 (e) "National medical support notice" means an 97.3 administrative notice issued by the public authority to enforce 97.4 health insurance provisions of a support order in accordance 97.5 with Code of Federal Regulations, title 45, section 303.32, in 97.6 cases where the public authority provides support enforcement 97.7 services. 97.8 (f) "Public coverage" means health care benefits provided 97.9 by any form of medical assistance under chapter 256B or 97.10 MinnesotaCare under chapter 256L. 97.11 (g) "Uninsured medical expenses" means a child's reasonable 97.12 and necessary health-related expenses if the child is not 97.13 covered by a health plan or public coverage when the expenses 97.14 are incurred. 97.15 (h) "Unreimbursed medical expenses" means a child's 97.16 reasonable and necessary health-related expenses if a child is 97.17 covered by a health plan or public coverage and the plan or 97.18 coverage does not pay for the total cost of the expenses when 97.19 the expenses are incurred. Unreimbursed medical expenses do not 97.20 include the cost of premiums. Unreimbursed medical expenses 97.21 include, but are not limited to, deductibles, co-payments, and 97.22 expenses for orthodontia, prescription eyeglasses and contact 97.23 lenses, and over-the-counter medicine. 97.24 Subd. 2. [ORDER.] (a) A completed national medical support 97.25 notice issued by the public authority or a court order that 97.26 complies with this section is a qualified medical child support 97.27 order under the federal Employee Retirement Income Security Act 97.28 of 1974 (ERISA), United States Code, title 29, section 1169(a). 97.29 (b) Every order addressing child support must state: 97.30 (1) the names, last known addresses, and social security 97.31 numbers of the parents and the child that is a subject of the 97.32 order unless the court prohibits the inclusion of an address or 97.33 social security number and orders the parents to provide the 97.34 address and social security number to the administrator of the 97.35 health plan; 97.36 (2) whether appropriate health care coverage for the child 98.1 is available and, if so, state: 98.2 (i) which party must carry health care coverage; 98.3 (ii) the cost of premiums and how the cost is allocated 98.4 between the parties; 98.5 (iii) how unreimbursed expenses will be allocated and 98.6 collected by the parties; and 98.7 (iv) the circumstances, if any, under which the obligation 98.8 to provide health care coverage for the child will shift from 98.9 one party to the other; 98.10 (3) if appropriate health care coverage is not available 98.11 for the child, whether a contribution for medical support is 98.12 required; and 98.13 (4) whether the amount ordered for medical support is 98.14 subject to a cost-of-living adjustment under section 517C.31. 98.15 Subd. 3. [DETERMINING APPROPRIATE HEALTH CARE 98.16 COVERAGE.] (a) In determining whether a party has appropriate 98.17 health care coverage for the child, the court must evaluate the 98.18 health plan using the following factors: 98.19 (1) accessible coverage. Dependent health care coverage is 98.20 accessible if the covered child can obtain services from a 98.21 health plan provider with reasonable effort by the parent with 98.22 whom the child resides. Health care coverage is presumed 98.23 accessible if: 98.24 (i) primary care coverage is available within 30 minutes or 98.25 30 miles of the child's residence and specialty care coverage is 98.26 available within 60 minutes or 60 miles of the child's 98.27 residence; 98.28 (ii) the coverage is available through an employer and the 98.29 employee can be expected to remain employed for a reasonable 98.30 amount of time; and 98.31 (iii) no preexisting conditions exist to delay coverage 98.32 unduly; 98.33 (2) comprehensive coverage. Dependent health care coverage 98.34 is comprehensive if it includes, at a minimum, medical and 98.35 hospital coverage and provides for preventive, emergency, acute, 98.36 and chronic care. If both parties have health care coverage 99.1 that meets the minimum requirements, the court must determine 99.2 which health care coverage is more comprehensive by considering 99.3 whether the coverage includes: 99.4 (i) basic dental coverage; 99.5 (ii) orthodontia; 99.6 (iii) eyeglasses; 99.7 (iv) contact lenses; 99.8 (v) mental health services; or 99.9 (vi) substance abuse treatment; 99.10 (3) affordable coverage. Dependent health care coverage is 99.11 affordable if a party's gross income is 150 percent of the 99.12 federal poverty guidelines or more and the party's contribution 99.13 to the health care coverage premium does not exceed five percent 99.14 of the party's gross income. If a party's gross income is less 99.15 than 150 percent of the federal poverty guidelines, it is 99.16 presumed that the party is unable to contribute to the cost of 99.17 health care coverage unless health care is available at no or 99.18 low cost to that party; and 99.19 (4) the child's special medical needs, if any. 99.20 (b) If both parties have health care coverage available for 99.21 a child, and the court determines under paragraph (a), clauses 99.22 (1) and (2), that the available coverage is comparable with 99.23 regard to accessibility and comprehensiveness, the least costly 99.24 health care coverage is the appropriate health care coverage for 99.25 the child. 99.26 Subd. 4. [ORDERING HEALTH CARE COVERAGE.] (a) If a child 99.27 is presently enrolled in health care coverage, the court must 99.28 order that the parent who currently has the child enrolled 99.29 continue that enrollment unless the parties agree otherwise or a 99.30 party requests a change in coverage and the court determines 99.31 that other health care coverage is more appropriate. 99.32 (b) If a child is not presently enrolled in health care 99.33 coverage, upon motion of a party or the public authority, the 99.34 court must determine whether one or both parties have 99.35 appropriate health care coverage for the child and order the 99.36 party with appropriate health care coverage available to carry 100.1 the coverage for the child. 100.2 (c) If only one party has appropriate health care coverage 100.3 available, the court must order that party to carry the coverage 100.4 for the child. 100.5 (d) If both parties have appropriate health care coverage 100.6 available, the court must order the parent with whom the child 100.7 resides to carry the coverage for the child, unless: 100.8 (1) either party expresses a preference for coverage 100.9 available through the parent with whom the child does not 100.10 reside; 100.11 (2) the parent with whom the child does not reside is 100.12 already carrying dependent health care coverage for other 100.13 children and the cost of contributing to the premiums of the 100.14 other parent's coverage would cause the parent with whom the 100.15 child does not reside extreme hardship; or 100.16 (3) the parents agree to provide coverage and agree on the 100.17 allocation of costs. 100.18 (e) If the exception in paragraph (d), clause (1) or (2) 100.19 applies, the court must determine which party has the most 100.20 appropriate coverage available and order that party to carry 100.21 coverage for the child. If the court determines under 100.22 subdivision 3, paragraph (a), clauses (1) and (2), that the 100.23 parties' health care coverage for the child is comparable with 100.24 regard to accessibility and comprehensiveness, the court must 100.25 order the party with the least costly health care coverage to 100.26 carry coverage for the child. 100.27 (f) If neither party has appropriate health care coverage 100.28 available, the court must order the parent with whom the child 100.29 does not reside to contribute toward the cost of public coverage 100.30 for the child or the child's uninsured medical expenses in an 100.31 amount equal to the lesser of: 100.32 (1) five percent of gross income; or 100.33 (2) the monthly amount the parent with whom the child does 100.34 not reside would pay for the child's premiums if the parent's 100.35 income meets the eligibility requirements for public coverage. 100.36 For purposes of determining the premium amount, a parent's 101.1 household size is equal to the parent plus the child who is the 101.2 subject of the child support order. The court may order the 101.3 parent with whom the child resides to apply for public coverage 101.4 for the child. 101.5 (g) The commissioner of human services must publish a table 101.6 with the premium schedule for public coverage and update the 101.7 chart for changes to the schedule by July 1 of each year. 101.8 Subd. 5. [MEDICAL SUPPORT COSTS; UNREIMBURSED AND 101.9 UNINSURED MEDICAL EXPENSES.] (a) Unless otherwise agreed to by 101.10 the parties and approved by the court, the court must order that 101.11 the cost of health care coverage and all unreimbursed and 101.12 uninsured medical expenses be divided between the obligor and 101.13 obligee based on their proportionate share of the parties' 101.14 combined monthly income, as determined under section 517C.12. 101.15 (b) If a party owes a child support obligation for a child 101.16 and is ordered to carry health care coverage for the child, and 101.17 the other party is ordered to contribute to the carrying party's 101.18 cost for coverage, the carrying party's child support payment 101.19 must be reduced by the amount of the contributing party's 101.20 contribution. 101.21 (c) If a party owes a child support obligation for a child 101.22 and is ordered to contribute to the other party's cost for 101.23 carrying health care coverage for the child, the contributing 101.24 party's child support payment must be increased by the amount of 101.25 the contribution. 101.26 (d) If a party's obligation for health care coverage 101.27 premiums is greater than five percent of the party's gross 101.28 income, the court may order the other party to contribute more 101.29 for the cost of the premiums, if doing so would not result in 101.30 extreme hardship to that party. If an additional contribution 101.31 causes a party extreme hardship, the court must order the 101.32 obligor to contribute the lesser of the two amounts under 101.33 subdivision 4, paragraph (f). 101.34 (e) If the party ordered to carry health care coverage for 101.35 the child already carries dependent health care coverage for 101.36 other dependents and would incur no additional premium costs to 102.1 add the child to the existing coverage, the court must not order 102.2 the other party to contribute to the premium costs for coverage 102.3 of the child. 102.4 (f) If a party ordered to carry health care coverage for 102.5 the child does not already carry dependent health care coverage 102.6 but has other dependents who may be added to the ordered 102.7 coverage, the full premium costs of the dependent health care 102.8 coverage must be allocated between the parties in proportion to 102.9 the party's share of the parties' combined income, unless the 102.10 parties agree otherwise. 102.11 (g) If a party ordered to carry health care coverage for 102.12 the child is required to enroll in a health plan so that the 102.13 child can be enrolled in dependent health care coverage under 102.14 the plan, the court must allocate the costs of the dependent 102.15 health care coverage between the parties. The costs of the 102.16 health care coverage for the party ordered to carry the coverage 102.17 for the child must not be allocated between the parties. 102.18 Subd. 6. [NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER, 102.19 UNION, OR HEALTH CARRIER.] (a) The public authority must forward 102.20 a copy of the national medical support notice or court order for 102.21 health care coverage to the party's employer within two business 102.22 days after the date the party is entered into the work reporting 102.23 system under section 256.998. 102.24 (b) The public authority or a party seeking to enforce an 102.25 order for health care coverage must forward a copy of the 102.26 national medical support notice or court order to the obligor's 102.27 employer or union, or to the health carrier under the following 102.28 circumstances: 102.29 (1) the party ordered to carry health care coverage for the 102.30 child fails to provide written proof to the other party or the 102.31 public authority, within 30 days of the effective date of the 102.32 court order, that the party has applied for health care coverage 102.33 for the child; 102.34 (2) the party seeking to enforce the order or the public 102.35 authority gives written notice to the party ordered to carry 102.36 health care coverage for the child of its intent to enforce 103.1 medical support. The party seeking to enforce the order or 103.2 public authority must mail the written notice to the last known 103.3 address of the party ordered to carry health care coverage for 103.4 the child; and 103.5 (3) the party ordered to carry health care coverage for the 103.6 child fails, within 15 days after the date on which the written 103.7 notice under clause (2) was mailed, to provide written proof to 103.8 the other party or the public authority that the party has 103.9 applied for health care coverage for the child. 103.10 (c) The public authority is not required to forward a copy 103.11 of the national medical support notice or court order to the 103.12 obligor's employer or union, or to the health carrier, if the 103.13 court orders health care coverage for the child that is not 103.14 employer-based or union-based coverage. 103.15 Subd. 7. [EMPLOYER OR UNION REQUIREMENTS.] (a) An employer 103.16 or union must forward the national medical support notice or 103.17 court order to its health plan within 20 business days after the 103.18 date on the national medical support notice or after receipt of 103.19 the court order. 103.20 (b) Upon determination by an employer's or union's health 103.21 plan administrator that a child is eligible to be covered under 103.22 the health plan, the employer or union and health plan must 103.23 enroll the child as a beneficiary in the health plan, and the 103.24 employer must withhold any required premiums from the income or 103.25 wages of the party ordered to carry health care coverage for the 103.26 child. 103.27 (c) If enrollment of the party ordered to carry health care 103.28 coverage for a child is necessary to obtain dependent health 103.29 care coverage under the plan, and the party is not enrolled in 103.30 the health plan, the employer or union must enroll the party in 103.31 the plan. 103.32 (d) Enrollment of dependents and, if necessary, the party 103.33 ordered to carry health care coverage for the child must be 103.34 immediate and not dependent upon open enrollment periods. 103.35 Enrollment is not subject to the underwriting policies under 103.36 section 62A.048. 104.1 (e) Failure of the party ordered to carry health care 104.2 coverage for the child to execute any documents necessary to 104.3 enroll the dependent in the health plan does not affect the 104.4 obligation of the employer or union and health plan to enroll 104.5 the dependent in a plan. Information and authorization provided 104.6 by the public authority, or by a party or guardian, is valid for 104.7 the purposes of meeting enrollment requirements of the health 104.8 plan. 104.9 (f) An employer or union that is included under the federal 104.10 Employee Retirement Income Security Act of 1974 (ERISA), United 104.11 States Code, title 29, section 1169(a), may not deny enrollment 104.12 to the child or to the parent if necessary to enroll the child 104.13 based on exclusionary clauses described in section 62A.048. 104.14 (g) A new employer or union of a party who is ordered to 104.15 provide health care coverage for a child must enroll the child 104.16 in the party's health plan as required by a national medical 104.17 support notice or court order. 104.18 Subd. 8. [HEALTH PLAN REQUIREMENTS.] (a) If a health plan 104.19 administrator receives a completed national medical support 104.20 notice or court order, the plan administrator must notify the 104.21 parties, and the public authority if the public authority 104.22 provides support enforcement services, within 40 business days 104.23 after the date of the notice or after receipt of the court 104.24 order, of the following: 104.25 (1) whether coverage is available to the child under the 104.26 terms of the health plan and, if not, the reason why coverage is 104.27 not available; 104.28 (2) whether the child is covered under the health plan; 104.29 (3) the effective date of the child's coverage under the 104.30 health plan; and 104.31 (4) what steps, if any, are required to effectuate the 104.32 child's coverage under the health plan. 104.33 (b) If the employer or union offers more than one plan and 104.34 the national medical support notice or court order does not 104.35 specify the plan to be carried, the plan administrator must 104.36 notify the parents and the public authority if the public 105.1 authority provides support enforcement services. When there is 105.2 more than one option available under the plan, the public 105.3 authority, in consultation with the parent with whom the child 105.4 resides, must promptly select from available plan options. 105.5 (c) The plan administrator must provide the parents and 105.6 public authority, if the public authority provides support 105.7 enforcement services, with a notice of the child's enrollment, 105.8 description of the coverage, and any documents necessary to 105.9 effectuate coverage. 105.10 (d) The health plan must send copies of all correspondence 105.11 regarding the health care coverage to the parents. 105.12 (e) An insured child's parent's signature is a valid 105.13 authorization to a health plan for purposes of processing an 105.14 insurance reimbursement payment to the medical services provider 105.15 or to the parent, if medical services have been prepaid by that 105.16 parent. 105.17 Subd. 9. [EMPLOYER OR UNION LIABILITY.] (a) An employer or 105.18 union that willfully fails to comply with the order or notice is 105.19 liable for any uninsured medical expenses incurred by the 105.20 dependents while the dependents were eligible to be enrolled in 105.21 the health plan and for any other premium costs incurred because 105.22 the employer or union willfully failed to comply with the order 105.23 or notice. 105.24 (b) An employer or union that fails to comply with the 105.25 order or notice is subject to a contempt finding, a $250 civil 105.26 penalty under section 517C.57, and is subject to a civil penalty 105.27 of $500 to be paid to the party entitled to reimbursement or the 105.28 public authority. Penalties paid to the public authority are 105.29 designated for child support enforcement services. 105.30 Subd. 10. [CONTESTING ENROLLMENT.] (a) A party may contest 105.31 a child's enrollment in a health plan on the limited grounds 105.32 that the enrollment is improper due to mistake of fact or that 105.33 the enrollment meets the requirements of section 517C.26. 105.34 (b) If the party chooses to contest the enrollment, the 105.35 party must do so no later than 15 days after the employer 105.36 notifies the party of the enrollment by doing the following: 106.1 (1) filing a motion in district court or according to 106.2 section 484.702 and the expedited child support process rules if 106.3 the public authority provides support enforcement services; 106.4 (2) serving the motion on the other party and public 106.5 authority if the public authority provides support enforcement 106.6 services; and 106.7 (3) securing a date for the matter to be heard no later 106.8 than 45 days after the notice of enrollment. 106.9 (c) The enrollment must remain in place while the party 106.10 contests the enrollment. 106.11 Subd. 11. [DISENROLLMENT; CONTINUATION OF COVERAGE; 106.12 COVERAGE OPTIONS.] (a) Unless a court order provides otherwise, 106.13 a child for whom a party is required to provide health care 106.14 coverage under this section must be covered as a dependent of 106.15 the party until the child is emancipated, until further order of 106.16 the court, or as consistent with the terms of the coverage. 106.17 (b) The health carrier, employer, or union may not 106.18 disenroll or eliminate coverage for the child unless: 106.19 (1) the health carrier, employer, or union is provided 106.20 satisfactory written evidence that the court order is no longer 106.21 in effect; 106.22 (2) the child is or will be enrolled in comparable health 106.23 care coverage through another health plan that will take effect 106.24 no later than the effective date of the disenrollment; 106.25 (3) the employee is no longer eligible for dependent 106.26 coverage; or 106.27 (4) the required premium has not been paid by or on behalf 106.28 of the child. 106.29 (c) The health plan must provide 30 days' written notice to 106.30 the child's parents, and the public authority if the public 106.31 authority provides support enforcement services, before the 106.32 health plan disenrolls or eliminates the child's coverage. 106.33 (d) A child enrolled in health care coverage under a 106.34 qualified medical child support order, including a national 106.35 medical support notice, under this section is a dependent and a 106.36 qualified beneficiary under the Consolidated Omnibus Budget and 107.1 Reconciliation Act of 1985 (COBRA), Public Law 99-272. Upon 107.2 expiration of the order, the child is entitled to the 107.3 opportunity to elect continued coverage that is available under 107.4 the health plan. The employer or union must provide notice to 107.5 the parties and the public authority, if it provides support 107.6 services, within ten days of the termination date. 107.7 (e) If the public authority provides support enforcement 107.8 services and a plan administrator reports to the public 107.9 authority that there is more than one coverage option available 107.10 under the health plan, the public authority, in consultation 107.11 with the parent with whom the child resides, must promptly 107.12 select coverage from the available options. 107.13 Subd. 12. [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court 107.14 must require the parent with whom the child does not reside to 107.15 provide dependent health care coverage for the benefit of the 107.16 parent with whom the child resides if the parent is ordered to 107.17 provide dependent health care coverage for the parties' child 107.18 and adding the other parent to the coverage results in no 107.19 additional premium cost. 107.20 Subd. 13. [DISCLOSURE OF INFORMATION.] (a) If the public 107.21 authority provides support enforcement services, the parties 107.22 must provide the public authority with the following information: 107.23 (1) information relating to dependent health care coverage 107.24 or public coverage available for the benefit of the child for 107.25 whom support is sought, including all information required to be 107.26 included in a medical support order under this section; 107.27 (2) verification that application for court-ordered health 107.28 care coverage was made within 30 days of the court's order; and 107.29 (3) the reason that a child is not enrolled in 107.30 court-ordered health care coverage, if a child is not enrolled 107.31 in coverage or subsequently loses coverage. 107.32 (b) Upon request from the public authority under section 107.33 256.978, an employer, union, or plan administrator, including an 107.34 employer subject to the federal Employee Retirement Income 107.35 Security Act of 1974 (ERISA), United States Code, title 29, 107.36 section 1169(a), must provide the public authority the following 108.1 information: 108.2 (1) information relating to dependent health care coverage 108.3 available to a party for the benefit of the child for whom 108.4 support is sought, including all information required to be 108.5 included in a medical support order under this section; and 108.6 (2) information that will enable the public authority to 108.7 determine whether a health plan is appropriate for a child, 108.8 including, but not limited to, all available plan options, any 108.9 geographic service restrictions, and the location of service 108.10 providers. 108.11 (c) The employer, union, or plan administrator must not 108.12 release information regarding one party to the other party. The 108.13 employer, union, or plan administrator must provide both parties 108.14 with insurance identification cards and all necessary written 108.15 information to enable the parties to utilize the insurance 108.16 benefits for the covered dependent. 108.17 (d) The public authority is authorized to release to a 108.18 party's employer, union, or health plan information necessary to 108.19 obtain or enforce medical support. 108.20 (e) An employee must disclose to an employer if medical 108.21 support is required to be withheld under this section and the 108.22 employer must begin withholding according to the terms of the 108.23 order and under section 517C.52. If an employee discloses an 108.24 obligation to obtain health care coverage and coverage is 108.25 available through the employer, the employer must make all 108.26 application processes known to the individual and enroll the 108.27 employee and dependent in the plan. 108.28 Subd. 14. [CHILD SUPPORT ENFORCEMENT SERVICES.] The public 108.29 authority must take necessary steps to establish and enforce an 108.30 order for medical support if the child receives public 108.31 assistance or a party completes an application for services from 108.32 the public authority under section 517C.38, subdivision 2. 108.33 Subd. 15. [ENFORCEMENT.] (a) Remedies available for 108.34 collecting and enforcing child support apply to medical support. 108.35 (b) For the purpose of enforcement, the following are 108.36 additional support: 109.1 (1) the costs of individual or group health or 109.2 hospitalization coverage; 109.3 (2) dental coverage; 109.4 (3) medical costs ordered by the court to be paid by either 109.5 party, including health and dental insurance premiums paid by 109.6 the obligee because of the obligor's failure to obtain coverage 109.7 as ordered; and 109.8 (4) liabilities established under this subdivision. 109.9 (c) A party who fails to carry court-ordered dependent 109.10 health care coverage is liable for the child's uninsured medical 109.11 expenses unless a court order provides otherwise. A party's 109.12 failure to carry court-ordered coverage, or to provide other 109.13 medical support as ordered, is a basis for modification of a 109.14 support order under section 517C.28. 109.15 (d) Payments by the health carrier or employer for services 109.16 rendered to the dependents that are directed to a party not owed 109.17 reimbursement must be endorsed over to and forwarded to the 109.18 vendor or appropriate party or the public authority. A party 109.19 retaining insurance reimbursement not owed to the party is 109.20 liable for the amount of the reimbursement. 109.21 Subd. 16. [INCOME WITHHOLDING; OFFSET.] (a) If a party 109.22 owes no child support obligation for a child and is an obligor 109.23 ordered to contribute to the other party's cost for carrying 109.24 health care coverage for the child, the obligor is subject to an 109.25 offset under subdivision 5 or income withholding under section 109.26 517C.52. 109.27 (b) If a party's court-ordered health care coverage for the 109.28 child terminates and the child is not enrolled in other health 109.29 care coverage or public coverage, and a modification motion is 109.30 not pending, the public authority may remove the offset to a 109.31 party's child support obligation or terminate income withholding 109.32 instituted against a party under section 517C.52. The public 109.33 authority must provide notice to the parties of the action. 109.34 (c) A party may contest the public authority's action to 109.35 remove the offset to the child support obligation or terminate 109.36 income withholding if the party makes a written request for a 110.1 hearing within 30 days after receiving written notice. If a 110.2 party makes a timely request for a hearing, the public authority 110.3 must schedule a hearing and send written notice of the hearing 110.4 to the parties by mail to the parties' last known addresses at 110.5 least 14 days before the hearing. The hearing must be conducted 110.6 in district court or in the expedited child support process if 110.7 section 484.702 applies. The district court or child support 110.8 magistrate must determine whether removing the offset or 110.9 terminating income withholding is appropriate and, if 110.10 appropriate, the effective date for the removal or termination. 110.11 (d) If the party does not request a hearing, the district 110.12 court or child support magistrate must order the offset or 110.13 income withholding termination effective the first day of the 110.14 month following termination of the child's health care coverage. 110.15 Subd. 17. [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL 110.16 EXPENSES.] (a) A party must initiate a request for reimbursement 110.17 of unreimbursed and uninsured medical expenses within two years 110.18 of the date that the party incurred the unreimbursed or 110.19 uninsured medical expenses. The time period in this paragraph 110.20 does not apply if the location of the other party is unknown. 110.21 (b) A party seeking reimbursement of unreimbursed and 110.22 uninsured medical expenses must mail a written notice of intent 110.23 to collect the expenses and a copy of an affidavit of health 110.24 care expenses to the other party at the other party's last known 110.25 address. 110.26 (c) The written notice must include a statement that the 110.27 party has 30 days from the date the notice was mailed to (1) pay 110.28 in full; (2) enter a payment agreement; or (3) file a motion 110.29 requesting a hearing contesting the matter. If the public 110.30 authority provides support enforcement services, the written 110.31 notice also must include a statement that the requesting party 110.32 must submit the amount due to the public authority for 110.33 collection. 110.34 (d) The affidavit of health care expenses must itemize and 110.35 document the child's unreimbursed or uninsured medical expenses 110.36 and include copies of all bills, receipts, and insurance company 111.1 explanations of benefits. 111.2 (e) If the public authority provides support enforcement 111.3 services, the party seeking reimbursement must send to the 111.4 public authority a copy of the written notice, the original 111.5 affidavit, and copies of all bills, receipts, and insurance 111.6 company explanations of benefits. 111.7 (f) If the party does not respond to the request for 111.8 reimbursement within 30 days, the party seeking reimbursement or 111.9 public authority, if the public authority provides support 111.10 enforcement services, must commence an enforcement action 111.11 against the party under subdivision 18. 111.12 (g) The public authority must serve the other party with a 111.13 notice of intent to enforce unreimbursed and uninsured medical 111.14 expenses and file an affidavit of service by mail with the 111.15 district court administrator. The notice must state that, 111.16 unless the party (1) pays in full; (2) enters into a payment 111.17 agreement; or (3) files a motion contesting the matter within 14 111.18 days of service of the notice, the public authority will 111.19 commence enforcement of the expenses as medical support arrears 111.20 under subdivision 18. 111.21 (h) If the party files a timely motion for a hearing 111.22 contesting the requested reimbursement, the contesting party 111.23 must schedule a hearing in district court or in the expedited 111.24 child support process if section 484.702 applies. The 111.25 contesting party must provide the party seeking reimbursement 111.26 and the public authority, if the public authority provides 111.27 support enforcement services, with written notice of the hearing 111.28 at least 14 days before the hearing by mailing notice of the 111.29 hearing to the public authority and the party at the party's 111.30 last known address. The party seeking reimbursement must file 111.31 the original affidavit of health care expenses with the court at 111.32 least five days before the hearing. Based upon the evidence 111.33 presented, the district court or child support magistrate must 111.34 determine liability for the expenses and order that the liable 111.35 party is subject to enforcement of the expenses as medical 111.36 support arrears under subdivision 18. 112.1 Subd. 18. [ENFORCING AN ORDER FOR MEDICAL SUPPORT 112.2 ARREARS.] (a) If a party liable for unreimbursed and uninsured 112.3 medical expenses owes a child support obligation to the party 112.4 seeking reimbursement of the expenses, the expenses must be 112.5 collected as medical support arrears. 112.6 (b) If a party liable for unreimbursed and uninsured 112.7 medical expenses does not owe a child support obligation to the 112.8 party seeking reimbursement, and the party seeking reimbursement 112.9 owes the liable party basic support arrears, the liable party's 112.10 medical support arrears must be deducted from the amount of the 112.11 basic support arrears. 112.12 (c) If a liable party owes medical support arrears after 112.13 deducting the amount owed from the amount of the child support 112.14 arrears owed by the party seeking reimbursement, it must be 112.15 collected as follows: 112.16 (1) if the party seeking reimbursement owes a child support 112.17 obligation to the liable party, the child support obligation 112.18 must be reduced by 20 percent until the medical support arrears 112.19 are satisfied; 112.20 (2) if the party seeking reimbursement does not owe a child 112.21 support obligation to the liable party, the liable party's 112.22 income must be subject to income withholding under section 112.23 517C.52 for an amount required under section 517C.71 until the 112.24 medical support arrears are satisfied; or 112.25 (3) if the party seeking reimbursement does not owe a child 112.26 support obligation, and income withholding under section 517C.52 112.27 is not available, payment of the medical support arrears must be 112.28 required under a payment agreement under section 517C.71. 112.29 (d) If a liable party fails to enter into or comply with a 112.30 payment agreement, the party seeking reimbursement or the public 112.31 authority, if it provides support enforcement services, may 112.32 schedule a hearing to have a court order payment. The party 112.33 seeking reimbursement or the public authority must provide the 112.34 liable party with written notice of the hearing at least 14 days 112.35 before the hearing. 112.36 Sec. 15. [517C.18] [SELF-SUPPORT ADJUSTMENT.] 113.1 Subdivision 1. [ADJUSTMENT.] (a) If the sum of the 113.2 obligor's basic support, child care support, and medical support 113.3 obligation leaves the obligor with remaining income in an amount 113.4 less than 120 percent of the federal poverty guidelines for one 113.5 person, the court must reduce the obligor's child support 113.6 obligation by an amount equal to the lesser of: (1) the 113.7 difference between the obligor's remaining income and 120 113.8 percent of the federal poverty guidelines amount; or (2) the 113.9 obligor's total child support obligation. If the self-support 113.10 adjustment results in an order amount less than $50 per month 113.11 for one or two children or $75 per month for three or more 113.12 children, the court must order basic support under subdivision 2. 113.13 (b) The court must apply the reduction to the obligor's 113.14 child support obligation in the following order: 113.15 (1) medical support obligation; 113.16 (2) child care support obligation; and 113.17 (3) basic support obligation. 113.18 Subd. 2. [MINIMUM BASIC SUPPORT AMOUNT.] (a) If the 113.19 reduction under subdivision 1 equals the sum of the obligor's 113.20 basic support, child care support, and medical support 113.21 obligation, the court must order support as follows: 113.22 (1) for one or two children, the obligor's basic support 113.23 obligation is $50 per month; or 113.24 (2) for three or more children, the obligor's basic support 113.25 obligation is $75 per month. 113.26 (b) If the court orders the obligor to pay the minimum 113.27 basic support amount under this subdivision, the obligor is 113.28 presumed unable to pay child care support and medical support. 113.29 (c) If the court finds that an obligor receives no income 113.30 and completely lacks the ability to earn income, the minimum 113.31 basic support amount under this subdivision does not apply. 113.32 Sec. 16. [517C.19] [WORKSHEET.] 113.33 The commissioner of human services must create and publish 113.34 a worksheet to assist in calculating child support under 113.35 sections 517C.12 to 517C.18. The worksheet must not impose 113.36 substantive requirements other than requirements contained in 114.1 sections 517C.12 to 517C.18. The commissioner must update the 114.2 worksheet by July 1 of each year. The commissioner must make an 114.3 interactive version of the worksheet available on the department 114.4 of human services Web site. 114.5 Sec. 17. [517C.20] [DEVIATIONS.] 114.6 Subdivision 1. [GENERAL FACTORS.] In addition to the child 114.7 support guidelines, the court must take into consideration the 114.8 following factors in setting or modifying child support or in 114.9 determining whether to deviate from the guidelines: 114.10 (1) all earnings, income, and resources of the parents, 114.11 including real and personal property, but excluding income from 114.12 excess employment of the obligor or obligee that meets the 114.13 criteria of section 517C.12, subdivision 6; 114.14 (2) the financial needs and resources, physical and 114.15 emotional condition, and educational needs of the child to be 114.16 supported; 114.17 (3) the standard of living the child would have enjoyed had 114.18 the marriage not been dissolved, but recognizing that the 114.19 parents now have separate households; 114.20 (4) which parent receives the income taxation dependency 114.21 exemption and the financial benefit the parent receives from it; 114.22 (5) the parents' debts as provided in subdivision 2; 114.23 (6) the obligor's receipt of public assistance under the 114.24 AFDC program formerly codified under sections 256.72 to 256.82 114.25 or 256B.01 to 256B.40 and chapter 256J or 256K; and 114.26 (7) the child spends between 33 and 45 percent of 114.27 overnights with the obligor pursuant to a court order or with 114.28 the consent of the obligee, which results in an increased 114.29 financial burden on the obligor. 114.30 Subd. 2. [DEBT OWED TO PRIVATE CREDITORS.] (a) In 114.31 establishing or modifying a support obligation, the court may 114.32 consider debts owed to private creditors, but only if: 114.33 (1) the right to support has not been assigned under 114.34 section 256.741; 114.35 (2) the court determines that the debt was reasonably 114.36 incurred for necessary support of the child or parent or for the 115.1 necessary generation of income. If the debt was incurred for 115.2 the necessary generation of income, the court may consider only 115.3 the amount of debt that is essential to the continuing 115.4 generation of income; and 115.5 (3) the party requesting a departure produces a sworn 115.6 schedule of the debts, with supporting documentation, showing 115.7 goods or services purchased, the recipient of them, the original 115.8 debt amount, the outstanding balance, the monthly payment, and 115.9 the number of months until the debt will be fully paid. 115.10 (b) A schedule prepared under paragraph (a), clause (3), 115.11 must contain a statement that the debt will be fully paid after 115.12 the number of months shown in the schedule, barring emergencies 115.13 beyond the party's control. 115.14 (c) Any further departure below the guidelines that is 115.15 based on a consideration of debts owed to private creditors must 115.16 not exceed 18 months in duration. After 18 months the support 115.17 must increase automatically to the level ordered by the court. 115.18 This section does not prohibit one or more step increases in 115.19 support to reflect debt retirement during the 18-month period. 115.20 (d) If payment of debt is ordered pursuant to this section, 115.21 the payment must be ordered to be in the nature of child support. 115.22 Subd. 3. [EVIDENCE.] The court may receive evidence on the 115.23 factors in this section to determine if the guidelines should be 115.24 exceeded or modified in a particular case. 115.25 Subd. 4. [NO DEVIATION WHEN PAYMENTS ARE ASSIGNED TO THE 115.26 PUBLIC AUTHORITY EXCEPT FOR EXTREME HARDSHIP.] If the child 115.27 support payments are assigned to the public authority under 115.28 section 256.741, the court may not deviate downward from the 115.29 child support guidelines unless the court specifically finds 115.30 that the failure to deviate downward would impose an extreme 115.31 hardship on the obligor. 115.32 Subd. 5. [NO DEPARTURE BASED ON JOINT LEGAL CUSTODY.] An 115.33 award of joint legal custody is not a reason for departure from 115.34 the guidelines. 115.35 Sec. 18. [517C.21] [WRITTEN FINDINGS.] 115.36 Subdivision 1. [NO DEVIATION.] If the court does not 116.1 deviate from the guidelines, the court must make written 116.2 findings concerning the amount of the parties' income used as 116.3 the basis for the guidelines calculation and any other 116.4 significant evidentiary factors affecting the child support 116.5 determination. 116.6 Subd. 2. [DEVIATION.] (a) If the court deviates from the 116.7 guidelines, the court must make written findings giving the 116.8 amount of support calculated under the guidelines, the reasons 116.9 for the deviation, and must specifically address the criteria in 116.10 section 517C.20 and how the deviation serves the best interests 116.11 of the child. 116.12 (b) The court may deviate from the guidelines if both 116.13 parties agree and the court makes written findings that it is in 116.14 the best interests of the child, except that in cases where 116.15 child support payments are assigned to the public authority 116.16 under section 256.741, the court may deviate downward only as 116.17 provided in section 517C.20, subdivision 4. Nothing in this 116.18 section prohibits the court from deviating in other cases. 116.19 Subd. 3. [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 116.20 provisions of this section apply whether or not the parties are 116.21 each represented by independent counsel and have entered into a 116.22 written agreement. The court must review stipulations presented 116.23 to it for conformity to the guidelines. The court is not 116.24 required to conduct a hearing, but the parties must provide the 116.25 documentation of earnings required under section 517C.10. 116.26 Sec. 19. [517C.22] [GUIDELINES REVIEW.] 116.27 No later than 2006 and every four years after that, the 116.28 department of human services must conduct a review of the child 116.29 support guidelines. 116.30 Sec. 20. [517C.23] [EDUCATION TRUST FUND.] 116.31 The parties may agree to designate a sum of money above 116.32 court-ordered child support as a trust fund for the costs of 116.33 postsecondary education. 116.34 Sec. 21. [517C.25] [MODIFICATION; GENERAL.] 116.35 Subdivision 1. [AUTHORITY.] After a child support order is 116.36 established, the court may, on motion of a party or the public 117.1 authority, modify the order respecting the amount and payment of 117.2 support. The court may make an order respecting any matters it 117.3 had authority to address in the original proceeding, except as 117.4 otherwise provided in section 517C.29. A party or the public 117.5 authority also may make a motion for contempt of court if the 117.6 obligor is in arrears in support payments. 117.7 Subd. 2. [GUIDELINES REMAIN APPLICABLE.] On a motion for 117.8 modification of support, the guidelines in this chapter remain 117.9 applicable. 117.10 Subd. 3. [EVIDENTIARY HEARING NOT REQUIRED.] The court 117.11 need not hold an evidentiary hearing on a motion for child 117.12 support modification. 117.13 Subd. 4. [FORM.] The state court administrator must 117.14 prepare and make available to courts, obligors, and obligees a 117.15 form to be submitted in support of a motion for a child support 117.16 modification or for contempt of court. 117.17 Sec. 22. [517C.26] [REOPENING AN ORDER.] 117.18 Subdivision 1. [FACTORS.] Upon a party's motion, the court 117.19 may rescind a child support order or judgment and may order a 117.20 new trial or grant other relief as may be just for the following 117.21 reasons: 117.22 (1) mistake, inadvertence, surprise, or excusable neglect; 117.23 (2) newly discovered evidence that could not have been 117.24 discovered by due diligence in time to move for a new trial 117.25 under the rules of civil procedure; 117.26 (3) fraud, whether denominated intrinsic or extrinsic, 117.27 misrepresentation, or other misconduct of an adverse party; 117.28 (4) the judgment or order is void; 117.29 (5) the judgment has been satisfied, released, or 117.30 discharged; 117.31 (6) the judgment is based on a prior order that has been 117.32 reversed or otherwise vacated; or 117.33 (7) it is no longer equitable that the order should have 117.34 prospective application. 117.35 Subd. 2. [PROCEDURE; EFFECT.] A party's motion must be 117.36 made within a reasonable time, and, for a reason under 118.1 subdivision 1, clause (1), (2), or (3), not more than one year 118.2 after the judgment and decree, order, or proceeding was entered 118.3 or taken. A motion under this section does not affect the 118.4 finality of an order or suspend its operation. This section 118.5 does not limit the power of a court to entertain an independent 118.6 action to relieve a party from an order or proceeding or to 118.7 grant relief to a party not actually personally notified as 118.8 provided in the Minnesota Rules of Civil Procedure, or to set 118.9 aside a judgment for fraud upon the court. 118.10 Sec. 23. [517C.27] [CHANGE IN CUSTODY OR PARENTING TIME.] 118.11 Subdivision 1. [OFFICIAL CHANGE IN CUSTODY; CHILD SUPPORT 118.12 SUSPENDED.] If an obligee has been granted sole physical custody 118.13 of a child, the child subsequently lives with the obligor, and 118.14 temporary sole physical custody has been approved by the court 118.15 or by a court-appointed referee, the court may suspend the 118.16 obligor's child support obligation pending the final custody 118.17 determination. The court's order denying the suspension of 118.18 child support must include a written explanation of the reasons 118.19 why continuation of the child support obligation would be in the 118.20 best interests of the child. 118.21 Subd. 2. [UNOFFICIAL CHANGE IN CUSTODY; CHILD SUPPORT 118.22 OBLIGATION SATISFIED.] The court may conclude that an obligor 118.23 has satisfied a child support obligation by providing a home, 118.24 care, and support for the child while the child is living with 118.25 the obligor, if the court finds that the child was integrated 118.26 into the family of the obligor with the consent of the obligee 118.27 and child support payments were not assigned to the public 118.28 authority. 118.29 Subd. 3. [30-DAY CHANGE; CHILD SUPPORT REDUCED.] A support 118.30 order issued under this chapter may provide that, during any 118.31 period of time of 30 consecutive days or longer that the child 118.32 is residing with the obligor, the support amount otherwise due 118.33 under the order may be reduced. 118.34 Sec. 24. [517C.28] [SUBSTANTIAL CHANGE IN CIRCUMSTANCES, 118.35 EARNINGS, OR NEEDS.] 118.36 Subdivision 1. [FACTORS.] (a) A court may modify the terms 119.1 of a child support order upon a showing of one or more of the 119.2 following: 119.3 (1) substantially increased or decreased earnings of a 119.4 party; 119.5 (2) substantially increased or decreased need of a party or 119.6 the child that is the subject of these proceedings; 119.7 (3) receipt of assistance under the AFDC program formerly 119.8 codified under sections 256.72 to 256.87 or 256B.01 to 256B.40 119.9 or chapter 256J or 256K; 119.10 (4) a change in the cost of living for either party, as 119.11 measured by the federal Bureau of Labor Statistics, that makes 119.12 the terms unreasonable and unfair; 119.13 (5) extraordinary medical expenses of the child not 119.14 provided for under section 517C.17; 119.15 (6) the addition of the obligee's work-related or 119.16 education-related child care expenses or a substantial increase 119.17 or decrease in existing work-related or education-related child 119.18 care expenses; or 119.19 (7) upon the emancipation of a child if there is still a 119.20 child under the order. A child support obligation for two or 119.21 more children that is not a support obligation in a specific 119.22 amount per child continues in the full amount until modified or 119.23 until the emancipation of the last child for whose benefit the 119.24 order was made. 119.25 (b) Implementation of this chapter is not a basis for 119.26 modification unless the requirements under this section are met. 119.27 Subd. 2. [PRESUMPTIONS.] It is presumed that there has 119.28 been a substantial change in circumstances under subdivision 1 119.29 and the terms of a current support order are rebuttably presumed 119.30 to be unreasonable and unfair if: 119.31 (1) when applied to the parties' current circumstances, the 119.32 presumptive child support amount derived under this chapter is 119.33 at least 20 percent and at least $50 per month higher or lower 119.34 than the current support order; 119.35 (2) the medical support provisions of the order established 119.36 under section 517C.17 are not enforceable by the public 120.1 authority or the obligee; 120.2 (3) health insurance coverage ordered under section 517C.17 120.3 is not available to the child for whom the order is established 120.4 by the parent ordered to provide it; or 120.5 (4) the existing support obligation is in the form of a 120.6 statement of percentage and not a specific dollar amount. 120.7 Sec. 25. [517C.29] [MODIFICATION EFFECTIVE DATE.] 120.8 Subdivision 1. [DATE OF MOTION DETERMINATIVE.] A court may 120.9 make a modification of support, including interest that accrued 120.10 pursuant to section 548.091, effective no sooner than the date 120.11 of service of notice of the motion for modification on the 120.12 responding parties. 120.13 Subd. 2. [RETROACTIVE MODIFICATION PERMITTED ONLY IN 120.14 LIMITED CIRCUMSTANCES.] Notwithstanding subdivision 1, a court 120.15 may apply a modification to an earlier period if the court makes 120.16 express findings that: 120.17 (1) the party seeking modification was precluded from 120.18 serving a motion by reason of a significant physical or mental 120.19 disability, a material misrepresentation of another party, or 120.20 fraud upon the court; and the party seeking modification, when 120.21 no longer precluded, promptly served a motion; 120.22 (2) the party seeking modification was a recipient of 120.23 federal Supplemental Security Income (SSI), Title II Older 120.24 Americans Insurance, Survivor's Disability Insurance (OASDI), 120.25 other disability benefits, or public assistance based upon need 120.26 during the period for which retroactive modification is sought; 120.27 (3) the order the party seeks to amend was entered by 120.28 default, the party shows good cause for not appearing, and the 120.29 record contains no factual evidence, or clearly erroneous 120.30 evidence, regarding the obligor's ability to pay; or 120.31 (4) the party seeking modification was institutionalized or 120.32 incarcerated for an offense other than nonsupport of a child 120.33 during the period for which retroactive modification is sought 120.34 and lacked the financial ability to pay the support ordered 120.35 during that time period. In determining whether to allow the 120.36 retroactive modification, the court must consider whether and 121.1 when a request was made to the public authority for support 121.2 modification. 121.3 Subd. 3. [CHILD CARE EXCEPTION.] The court may provide 121.4 that a reduction in the amount allocated for child care expenses 121.5 based on a substantial decrease in the expenses is effective as 121.6 of the date the expenses decreased. 121.7 Sec. 26. [517C.30] [TERMINATION OF CHILD SUPPORT.] 121.8 Subdivision 1. [DEATH OF OBLIGOR.] Unless otherwise agreed 121.9 in writing or expressly provided in the order, provisions for a 121.10 child's support are not terminated by the death of a parent 121.11 obligated to support the child. When a parent obligated to pay 121.12 support dies, the amount of support may be modified, revoked, or 121.13 commuted to a lump-sum payment, to the extent just and 121.14 appropriate in the circumstances. 121.15 Subd. 2. [AUTOMATIC TERMINATION.] (a) Unless a court order 121.16 provides otherwise, a child support obligation in a specific 121.17 amount per child terminates automatically and without any action 121.18 by the obligor to reduce, modify, or terminate the order upon 121.19 the child's emancipation. 121.20 (b) A child support obligation for two or more children 121.21 that is not a support obligation in a specific amount per child 121.22 continues in the full amount until the emancipation of the last 121.23 child for whose benefit the order was made, or until further 121.24 order of the court. 121.25 (c) The obligor may request a modification of the obligor's 121.26 child support order upon a child's emancipation if there are 121.27 still minor children under the order. The court must determine 121.28 the child support obligation based on the parties' income at the 121.29 time the modification is sought. 121.30 Sec. 27. [517C.31] [COST-OF-LIVING ADJUSTMENTS.] 121.31 Subdivision 1. [GENERAL.] An order establishing, 121.32 modifying, or enforcing child support must provide for a 121.33 biennial adjustment in the amount to be paid based on a change 121.34 in the cost of living. Cost-of-living adjustments are 121.35 compounded. 121.36 Subd. 2. [WAIVER.] A court may waive the requirement of 122.1 the cost-of-living clause if it expressly finds that the 122.2 obligor's occupation or income, or both, does not provide for 122.3 cost-of-living adjustment or that the order for child support 122.4 has a provision such as a step increase that has the effect of a 122.5 cost-of-living clause. 122.6 Subd. 3. [INDEX; AMOUNT.] (a) The court must specify the 122.7 cost-of-living index to be applied in an order that provides for 122.8 a cost-of-living adjustment. The court may use the Consumer 122.9 Price Index for All Urban Consumers, Minneapolis-St. Paul 122.10 (CPI-U), the Consumer Price Index for Wage Earners and Clerical, 122.11 Minneapolis-St. Paul (CPI-W), or another cost-of-living index 122.12 published by the department of labor that the court specifically 122.13 finds is more appropriate. 122.14 (b) The court may increase the amount by more than the 122.15 cost-of-living adjustment by agreement of the parties or by 122.16 making further findings. 122.17 Subd. 4. [EFFECTIVE DATE.] If payment is made to the 122.18 public authority, an adjustment is effective on May 1 of the 122.19 year it is made. If payment is not made to the public 122.20 authority, an adjustment may be made in any month but no 122.21 adjustment may be made sooner than two years after the date of 122.22 the dissolution decree. A support order must specify the 122.23 effective date of cost-of-living adjustments. 122.24 Subd. 5. [NOTICE.] A cost-of-living adjustment may not be 122.25 made unless: 122.26 (1) the support order requires it; and 122.27 (2) the obligee or public authority notifies the obligor of 122.28 the adjustment by mail at the obligor's last known address at 122.29 least 20 days before the effective date of the adjustment. The 122.30 notice must inform the obligor of the effective date of the 122.31 adjustment, the right to contest the adjustment, and the 122.32 procedures to contest the adjustment. 122.33 Subd. 6. [PROCEDURE FOR CONTESTING ADJUSTMENT.] (a) To 122.34 contest a cost-of-living adjustment initiated by the public 122.35 authority or an obligee who has applied for or is receiving 122.36 child support collection services from the public authority, 123.1 other than income withholding-only services, the obligor must: 123.2 (1) file a motion contesting the cost-of-living adjustment 123.3 with the court administrator; and 123.4 (2) serve the motion by first-class mail on the public 123.5 authority and the obligee. 123.6 The obligor must file and serve the motion before the effective 123.7 date of the adjustment. The hearing must take place in the 123.8 expedited child support process under section 484.702. 123.9 (b) To contest a cost-of-living adjustment initiated by an 123.10 obligee who is not receiving child support collection services 123.11 from the public authority, or for an obligee who receives income 123.12 withholding-only services from the public authority, the obligor 123.13 must: 123.14 (1) file a motion contesting the cost-of-living adjustment 123.15 with the court administrator; and 123.16 (2) serve the motion by first-class mail on the obligee. 123.17 The obligor must file and serve the motion before the effective 123.18 date of the adjustment. The hearing must take place in district 123.19 court. 123.20 (c) Upon receipt of a motion contesting the cost-of-living 123.21 adjustment, the public authority or court must stay the 123.22 cost-of-living adjustment pending further order of the court. 123.23 Subd. 7. [HEARING.] (a) At a hearing under this section, 123.24 if the obligor establishes an insufficient increase in income to 123.25 fulfill the adjusted child support obligation, the district 123.26 court or child support magistrate may direct that all or part of 123.27 the adjustment not take effect. 123.28 (b) At a hearing under this section, if the obligor does 123.29 not establish an insufficient increase in income, the adjustment 123.30 must take effect as of the date originally specified in the 123.31 support order. 123.32 Subd. 8. [FORM.] The state court administrator must 123.33 prepare and make available to the court and obligors a pro se 123.34 motion form to be submitted in support of a request for a 123.35 hearing under this section. 123.36 Subd. 9. [RULES.] The commissioner of human services may 124.1 promulgate rules for child support adjustments under this 124.2 section in accordance with the rulemaking provisions of chapter 124.3 14. 124.4 Sec. 28. [517C.35] [ASSIGNMENT.] 124.5 Subdivision 1. [GENERAL.] The court must direct that all 124.6 payments ordered for support be made to the public authority if 124.7 the obligee is receiving or has applied for public assistance. 124.8 Amounts received by the public authority greater than the amount 124.9 granted to the obligee must be remitted to the obligee pursuant 124.10 to federal requirements. 124.11 Subd. 2. [JUDGMENTS.] The court administrator must enter 124.12 and docket a judgment obtained by operation of law under section 124.13 548.091, subdivision 1, in the name of the public authority to 124.14 the extent that the obligation has been assigned. When arrears 124.15 are reduced to judgment and section 548.091 is not applicable, 124.16 the court must grant judgment in favor of, and in the name of, 124.17 the public authority to the extent that the arrears are 124.18 assigned. The public authority must file notice of an 124.19 assignment with the court administrator, who must enter the 124.20 notice in the docket. The public authority may then enforce a 124.21 judgment entered before the assignment of rights as if the 124.22 judgment were granted to it, and in its name, to the extent that 124.23 the arrears in that judgment are assigned. 124.24 Subd. 3. [PROPERTY LIEN.] The court may make any child 124.25 support order a lien or charge upon the obligor's property, 124.26 either at the time of the entry of the judgment or by subsequent 124.27 order upon proper application. 124.28 Sec. 29. [517C.36] [PARTY STATUS.] 124.29 Subdivision 1. [OBLIGEE RECEIVES PUBLIC ASSISTANCE; PUBLIC 124.30 AUTHORITY IS A PARTY.] The public authority is joined as a party 124.31 and is a real party in interest if the obligee is receiving, or 124.32 subsequently applies for, public assistance and rights are 124.33 assigned under section 256.741, subdivision 2. 124.34 Subd. 2. [NO PUBLIC ASSISTANCE; APPLICATION FOR SERVICES.] 124.35 If the obligee is not receiving public assistance, but has 124.36 applied for child support collection services, the public 125.1 authority has a pecuniary interest, as well as an interest in 125.2 the welfare of a child. The public authority may intervene as a 125.3 matter of right in those cases to ensure that child support 125.4 orders are obtained, enforced, and provide for an appropriate 125.5 and accurate level of child, medical, and child care support. 125.6 If the public authority participates in a case where the action 125.7 taken by the public authority requires the use of an attorney's 125.8 services, the public authority must be represented by an 125.9 attorney consistent with the provisions in section 517C.37. 125.10 Sec. 30. [517C.37] [ROLE OF THE PUBLIC AUTHORITY.] 125.11 Subdivision 1. [PUBLIC AUTHORITY DOES NOT REPRESENT 125.12 OBLIGOR OR OBLIGEE.] The provision of services under the child 125.13 support enforcement program that includes services by an 125.14 attorney or an attorney's representative employed by, under 125.15 contract to, or representing the public authority does not 125.16 create an attorney-client relationship with any party other than 125.17 the public authority. Attorneys employed by or under contract 125.18 with the public authority have an affirmative duty to inform 125.19 applicants and recipients of services under the child support 125.20 enforcement program that no attorney-client relationship exists 125.21 between the attorney and the applicant or recipient. This 125.22 section applies to all legal services provided by the child 125.23 support enforcement program. 125.24 Subd. 2. [WRITTEN NOTICE.] The public authority must 125.25 provide written notice to an applicant or recipient of services 125.26 that: 125.27 (1) no attorney-client relationship exists between the 125.28 attorney and the applicant or recipient; 125.29 (2) the rights of the individual as a subject of data are 125.30 controlled by section 13.04, subdivision 2; and 125.31 (3) the individual has a right to have an attorney 125.32 represent the individual. 125.33 Subd. 3. [POWER TO REPRESENT OTHER PUBLIC 125.34 AUTHORITIES.] The public authority may act on behalf of a public 125.35 authority from another jurisdiction. This includes the 125.36 authority to represent the legal interests of, or execute 126.1 documents on behalf of, the other public authority in connection 126.2 with the establishment, enforcement, and collection of child 126.3 support and collection on judgments. 126.4 Sec. 31. [517C.38] [SERVICE FEES.] 126.5 Subdivision 1. [OBLIGOR FEE.] When the public authority 126.6 provides child support collection services either to a public 126.7 assistance recipient or to a party who does not receive public 126.8 assistance, the public authority may upon written notice to the 126.9 obligor charge a monthly collection fee equivalent to the full 126.10 monthly cost to the county of providing collection services, in 126.11 addition to the amount of the child support ordered by the 126.12 court. The public authority must deposit the fee in the county 126.13 general fund. The service fee assessed is limited to ten 126.14 percent of the monthly court-ordered child support and must not 126.15 be assessed to obligors who are current in payment of the 126.16 monthly court-ordered child support. 126.17 Subd. 2. [OBLIGEE FEE.] A $25 application fee must be paid 126.18 by the person who applies for child support and maintenance 126.19 collection services, except persons who are receiving public 126.20 assistance as defined in section 256.741, persons who transfer 126.21 from public assistance to nonpublic assistance status, and minor 126.22 parents and parents enrolled in a public secondary school, area 126.23 learning center, or alternative learning program approved by the 126.24 commissioner of children, families, and learning. 126.25 Subd. 3. [TAX INTERCEPT FEES.] Fees assessed by state and 126.26 federal tax agencies for collection of overdue support owed to 126.27 or on behalf of a person not receiving public assistance must be 126.28 imposed on the person for whom these services are provided. The 126.29 public authority upon written notice to the obligee must assess 126.30 a fee of $25 to the person not receiving public assistance for 126.31 each successful federal tax interception. The public authority 126.32 must withhold the fee before the release of the funds received 126.33 from each interception and must deposit the fee in the general 126.34 fund. 126.35 Subd. 4. [COMPLIANCE WITH FEDERAL LAW.] The limitations of 126.36 this section on the assessment of fees do not apply to the 127.1 extent they are inconsistent with the requirements of federal 127.2 law for receiving funds for the programs under Title IV-A and 127.3 Title IV-D of the Social Security Act, United States Code, title 127.4 42, sections 601 to 613 and 651 to 662. 127.5 Sec. 32. [517C.39] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 127.6 SUPPORT AND PARENTAGE ORDERS.] 127.7 The public authority may use the provisions of sections 127.8 517C.40 to 517C.44 when support rights are assigned under 127.9 section 256.741, subdivision 2, or when the public authority is 127.10 providing services under an application for child support 127.11 collection services. 127.12 Sec. 33. [517C.40] [NONATTORNEY EMPLOYEE DUTIES.] 127.13 Subdivision 1. [DUTIES PERFORMED UNDER SUPERVISION OF 127.14 COUNTY ATTORNEY.] (a) The county attorney must review and 127.15 approve as to form and content all pleadings and other legal 127.16 documents prepared by nonattorney employees of the public 127.17 authority for use in the expedited child support process. 127.18 (b) Under the direction of, and in consultation with, the 127.19 county attorney, nonattorney employees of the public authority 127.20 may perform the following legal duties: 127.21 (1) meet and confer with parties by mail, telephone, 127.22 electronic, or other means regarding legal issues; 127.23 (2) explain to parties the purpose, procedure, and function 127.24 of the expedited child support process and the role and 127.25 authority of nonattorney employees of the public authority 127.26 regarding legal issues; 127.27 (3) prepare pleadings, including, but not limited to, 127.28 summonses and complaints, notices, motions, subpoenas, orders to 127.29 show cause, proposed orders, administrative orders, and 127.30 stipulations and agreements; 127.31 (4) issue administrative subpoenas; 127.32 (5) prepare judicial notices; 127.33 (6) negotiate settlement agreements; 127.34 (7) attend and participate as a witness in hearings and 127.35 other proceedings and, if requested by the child support 127.36 magistrate, present evidence, agreements and stipulations of the 128.1 parties, and any other information deemed appropriate by the 128.2 magistrate; 128.3 (8) participate in other activities and perform other 128.4 duties delegated by the county attorney; and 128.5 (9) exercise other powers and perform other duties as 128.6 permitted by statute or court rule. 128.7 Subd. 2. [DUTIES PERFORMED WITHOUT DIRECTION FROM COUNTY 128.8 ATTORNEY.] Nonattorney employees of the public authority may 128.9 perform the following duties without direction from the county 128.10 attorney: 128.11 (1) gather information on behalf of the public authority; 128.12 (2) prepare financial worksheets; 128.13 (3) obtain income information from the department of 128.14 economic security and other sources; 128.15 (4) serve documents on parties; 128.16 (5) file documents with the court; 128.17 (6) meet and confer with parties by mail, telephone, 128.18 electronic, or other means regarding nonlegal issues; 128.19 (7) explain to parties the purpose, procedure, and function 128.20 of the expedited child support process and the role and 128.21 authority of nonattorney employees of the public authority 128.22 regarding nonlegal issues; and 128.23 (8) perform other routine nonlegal duties as assigned. 128.24 Subd. 3. [PRACTICE OF LAW.] Performance of the duties 128.25 prescribed in subdivisions 1 and 2 by nonattorney employees of 128.26 the public authority does not constitute the unauthorized 128.27 practice of law for purposes of section 481.02. 128.28 Sec. 34. [517C.41] [PLEADINGS; CASE INFORMATION SHEET.] 128.29 Subdivision 1. [PLEADINGS.] In cases involving 128.30 establishment or modification of a child support order, the 128.31 initiating party must include the following information, if 128.32 known, in the pleadings: 128.33 (1) the parties' names, addresses, and dates of birth; 128.34 (2) social security numbers of the parties and the parties' 128.35 minor children. This information is considered private 128.36 information and is available only to the parties, the court, and 129.1 the public authority; 129.2 (3) number of members in each party's household and 129.3 dependents of the parties; 129.4 (4) the parties' other support obligations; 129.5 (5) names and addresses of the parties' employers; 129.6 (6) the parties' income as defined in section 517C.12; 129.7 (7) amounts and sources of the parties' other earnings and 129.8 income; 129.9 (8) the parties' health insurance coverage; 129.10 (9) types and amounts of public assistance the parties 129.11 receive, including Minnesota family investment program, child 129.12 care assistance, medical assistance, MinnesotaCare, title IV-E 129.13 foster care, or other form of assistance as defined in section 129.14 256.741, subdivision 1; and 129.15 (10) any other information relevant to the determination of 129.16 child support under this chapter. 129.17 Subd. 2. [CASE INFORMATION SHEET.] For all matters 129.18 scheduled in the expedited process, the nonattorney employee of 129.19 the public authority must file with the court and serve on the 129.20 parties the following information: 129.21 (1) income information available to the public authority 129.22 from the department of economic security; 129.23 (2) a statement of the monthly amount of child support, 129.24 child care, medical support, and arrears currently being charged 129.25 the parties in Minnesota IV-D cases; 129.26 (3) a statement of the types and amount of any public 129.27 assistance, as defined in section 256.741, subdivision 1, 129.28 received by the parties; and 129.29 (4) any other information relevant to determining support 129.30 that is known to the public authority and that the parties have 129.31 not otherwise provided. 129.32 Subd. 3. [FILING INFORMATION.] The public authority must 129.33 file the case information with the district court or child 129.34 support magistrate at least five days before a hearing involving 129.35 child support, medical support, or child care reimbursement 129.36 issues. 130.1 Sec. 35. [517C.42] [NONCONTESTED MATTERS.] 130.2 Under the direction of the county attorney and based on 130.3 agreement of the parties, nonattorney employees of the public 130.4 authority may prepare a stipulation, findings of fact, 130.5 conclusions of law, and proposed order. The county attorney 130.6 must approve and sign the documents as to form and content 130.7 before the nonattorney employees submit the documents to the 130.8 district court or child support magistrate for approval. 130.9 Sec. 36. [517C.43] [ADMINISTRATIVE AUTHORITY; PARENTAGE; 130.10 SUPPORT.] 130.11 Subdivision 1. [POWERS.] The public authority may take the 130.12 following actions relating to establishing paternity or to 130.13 establishing, modifying, or enforcing support orders, without 130.14 the necessity of obtaining an order from a judicial or 130.15 administrative tribunal: 130.16 (1) recognize and enforce orders of child support agencies 130.17 of other states; 130.18 (2) upon request for genetic testing by a child, parent, or 130.19 an alleged parent, and using the procedure in subdivision 2, 130.20 order the child, parent, or alleged parent to submit to blood or 130.21 genetic testing for the purpose of establishing paternity; 130.22 (3) subpoena financial or other information needed to 130.23 establish, modify, or enforce a child support order and sanction 130.24 a party for failure to respond to a subpoena; 130.25 (4) upon notice to the obligor, obligee, and the 130.26 appropriate court, direct the obligor or other payor to change 130.27 the payee to the central collections unit under section 517C.50; 130.28 (5) order income withholding of child support under section 130.29 517C.52 and sanction an employer or payor of funds under section 130.30 393.07, subdivision 9a, for failing to comply with an income 130.31 withholding notice; 130.32 (6) secure assets to satisfy a support debt or arrears by: 130.33 (i) intercepting or seizing periodic or lump-sum payments 130.34 from state or local agencies, including unemployment insurance 130.35 benefits, workers' compensation payments, judgments, 130.36 settlements, lotteries, and other lump-sum payments; 131.1 (ii) attaching and seizing the obligor's assets held in 131.2 financial institutions or public or private retirement funds; 131.3 and 131.4 (iii) imposing liens in accordance with section 548.091, 131.5 and, in appropriate cases, forcing the sale of property and the 131.6 distribution of proceeds; 131.7 (7) for the purpose of securing overdue support, increase 131.8 the amount of the monthly support payments by an additional 131.9 amount equal to 20 percent of the monthly support payment to 131.10 include amounts for debts or arrears; and 131.11 (8) subpoena an employer or payor of funds to provide 131.12 promptly information on the employment, compensation, and 131.13 benefits of an individual employed by that employer as an 131.14 employee or contractor, and sanction an employer or payor of 131.15 funds under section 393.07, subdivision 9a, for failure to 131.16 respond to the subpoena as provided by law. 131.17 Subd. 2. [GENETIC TESTING.] (a) A child, parent, or 131.18 alleged parent who requests genetic testing must support the 131.19 request with a sworn statement that: 131.20 (1) alleges paternity and sets forth facts establishing a 131.21 reasonable possibility of the requisite sexual contact between 131.22 the parties; or 131.23 (2) denies paternity and sets forth facts establishing a 131.24 reasonable possibility of the nonexistence of sexual contact 131.25 between the alleged parties. 131.26 (b) The order for genetic tests may be served anywhere 131.27 within the state and served outside the state in the same manner 131.28 as prescribed by law for service of subpoenas issued by the 131.29 district court of this state. 131.30 (c) If the child, parent, or alleged parent fails to comply 131.31 with the genetic testing order, the public authority may seek to 131.32 enforce that order in district court through a motion to compel 131.33 testing. 131.34 (d) No results obtained through genetic testing done in 131.35 response to an order issued under this section may be used in a 131.36 criminal proceeding. 132.1 Subd. 3. [SUBPOENAS.] (a) Subpoenas may be served anywhere 132.2 within the state and served outside the state in the same manner 132.3 as prescribed by law for service of process of subpoenas issued 132.4 by the district court of this state. When a subpoena under this 132.5 subdivision is served on a third-party record keeper, written 132.6 notice of the subpoena must be mailed to the person who is the 132.7 subject of the subpoenaed material at the person's last known 132.8 address within three days of the day the subpoena is served. 132.9 This notice provision does not apply if there is reasonable 132.10 cause to believe the giving of the notice may lead to 132.11 interference with the production of the subpoenaed documents. 132.12 (b) A person served with a subpoena may make a written 132.13 objection to the public authority or court before the time 132.14 specified in the subpoena for compliance. The public authority 132.15 or the court may cancel or modify the subpoena, if appropriate. 132.16 The public authority must pay the reasonable costs of producing 132.17 the documents, if requested. 132.18 (c) Subpoenas are enforceable in the same manner as 132.19 subpoenas of the district court. Upon motion of the county 132.20 attorney, the court may issue an order directing the production 132.21 of the records. A person who fails to comply with the court 132.22 order may be subject to civil or criminal contempt of court. 132.23 Subd. 4. [DUE PROCESS.] The administrative actions under 132.24 this section are subject to due process safeguards, including 132.25 requirements for notice, opportunity to contest the action, and 132.26 opportunity to appeal the order to a judge, judicial officer, or 132.27 child support magistrate. 132.28 Sec. 37. [517C.44] [SHARING OF INFORMATION; DATA.] 132.29 Subdivision 1. [GENERAL.] The public authority may share 132.30 available and relevant information on the parties in order to 132.31 perform its duties under sections 517C.40 to 517C.43 or under 132.32 supreme court rules governing the expedited child support 132.33 hearing process under section 484.702, subject to the 132.34 limitations of subdivision 3, section 256.87, subdivision 8, and 132.35 section 257.70. 132.36 Subd. 2. [DATA DISCLOSED TO AN ATTORNEY OF THE PUBLIC 133.1 AUTHORITY.] (a) Data disclosed by an applicant for, or recipient 133.2 of, child support services to an attorney employed by, or under 133.3 contract with, the public authority is private data on an 133.4 individual. However, the data may be disclosed under sections 133.5 13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and 133.6 517C.11, subdivision 3, in order to obtain, modify, or enforce 133.7 child support, medical support, and parentage determinations. 133.8 (b) An attorney employed by, or under contract with, the 133.9 public authority may disclose additional information received 133.10 from an applicant for, or recipient of, services for other 133.11 purposes with the consent of the individual applicant for, or 133.12 recipient of, child support services. 133.13 Subd. 3. [PROHIBITED DISCLOSURE.] In all proceedings under 133.14 this chapter and chapter 517A in which public assistance is 133.15 assigned under section 256.741, or the public authority provides 133.16 services to a party or parties to the proceedings, 133.17 notwithstanding statutory or other authorization for the public 133.18 authority to release private data on the location of a party to 133.19 the action, the public authority may not release information on 133.20 the location of one party to the other party if: 133.21 (1) the public authority has knowledge that a protective 133.22 order with respect to the other party has been entered; or 133.23 (2) the public authority has reason to believe that the 133.24 release of the information may result in physical or emotional 133.25 harm to the other party. 133.26 Sec. 38. [517C.45] [SUFFICIENCY OF NOTICE.] 133.27 Automated child support notices sent by the public 133.28 authority which do not require service are sufficient notice 133.29 when issued and mailed by first class mail to the person's last 133.30 known address. 133.31 Sec. 39. [517C.50] [CHILD SUPPORT PAYMENT CENTER; CENTRAL 133.32 COLLECTIONS UNIT.] 133.33 Subdivision 1. [CREATION.] (a) The commissioner of human 133.34 services must create and maintain a central collections unit to 133.35 receive, process, and disburse payments, and to maintain a 133.36 record of payments in all cases when: 134.1 (1) the public authority is a party; 134.2 (2) the public authority provides child support enforcement 134.3 services to a party; or 134.4 (3) payment is collected through income withholding. 134.5 (b) The commissioner may contract for services to carry out 134.6 these provisions if the commissioner first meets and negotiates 134.7 with the affected exclusive representatives. 134.8 Subd. 2. [CREDITOR COLLECTIONS.] The central collections 134.9 unit under this section is not a third party under chapters 550, 134.10 552, and 571 for purposes of creditor collection efforts against 134.11 child support and maintenance order obligors or obligees, and is 134.12 not subject to creditor levy, attachment, or garnishment. 134.13 Subd. 3. [CREDIT FOR PAYMENT.] Payments made to the public 134.14 authority that are not collected through income withholding must 134.15 be credited as of the date the payment is received by the 134.16 central collections unit. 134.17 Sec. 40. [517C.51] [MANDATORY PAYMENT OF OBLIGATIONS TO 134.18 CENTRAL COLLECTIONS UNIT.] 134.19 Subdivision 1. [GENERAL.] All payments described in 134.20 section 517C.50 must be made to the central collections unit. 134.21 Subd. 2. [LOCAL PAYMENT; TRANSMITTAL.] Each local child 134.22 support agency must provide a location within the agency to 134.23 receive payments. When the local agency receives a payment it 134.24 must transmit the funds to the central collections unit within 134.25 one working day of receipt of the payment. 134.26 Subd. 3. [INCENTIVES.] Notwithstanding a rule to the 134.27 contrary, incentives must be paid to the county providing 134.28 services and maintaining the case to which the payment is 134.29 applied. Incentive payments awarded for the collection of child 134.30 support must be based solely upon payments processed by the 134.31 central collections unit. Incentive payments received by the 134.32 county under this subdivision must be used for county child 134.33 support collection efforts. 134.34 Subd. 4. [ELECTRONIC FUNDS TRANSFER.] The central 134.35 collections unit is authorized to engage in the electronic 134.36 transfer of funds for the receipt and disbursement of funds. 135.1 Subd. 5. [REQUIRED CONTENT OF ORDER.] A tribunal issuing 135.2 an order that establishes or modifies a payment must issue an 135.3 income withholding order in conformity with section 517C.52. 135.4 The automatic income withholding order must include the 135.5 obligor's name, the obligor's social security number, the 135.6 obligor's date of birth, and the name and address of the 135.7 obligor's employer. The street mailing address and the 135.8 electronic mail address for the central collections unit must be 135.9 included in each automatic income withholding order issued by a 135.10 tribunal. 135.11 Subd. 6. [TRANSMITTAL OF ORDER TO THE PUBLIC AUTHORITY BY 135.12 THE TRIBUNAL.] The tribunal must transmit a copy of the order 135.13 establishing or modifying the payment, and a copy of the 135.14 automatic income withholding order, to the local child support 135.15 agency within two working days of the approval of the order by 135.16 the judge or child support magistrate or other person or entity 135.17 authorized to sign the automatic withholding order. 135.18 Subd. 7. [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 135.19 OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 135.20 payor of funds must identify the obligor on the check or 135.21 remittance by name, payor number, and social security number, 135.22 and must comply with section 517C.52. 135.23 Subd. 8. [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 135.24 FUNDS.] A notice may be directed to a person or entity 135.25 submitting a check drawn on insufficient funds stating that 135.26 future payments must be made by cash or certified funds. The 135.27 central collections unit and the public authority may refuse a 135.28 check from a person or entity that has been given notice that 135.29 payments must be in cash or certified funds. 135.30 Subd. 9. [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 135.31 record of payments maintained by the central collections unit is 135.32 admissible evidence in all tribunals as proof of payments made 135.33 through the central collections unit without the need of 135.34 testimony to prove authenticity. 135.35 Subd. 10. [TRANSITION PROVISIONS.] (a) The commissioner of 135.36 human services must develop a plan for the implementation of the 136.1 central collections unit. The plan must require that payments 136.2 be redirected to the central collections unit. Payments may be 136.3 redirected in groups according to county of origin, county of 136.4 payment, method of payment, type of case, or any other 136.5 distinguishing factor designated by the commissioner. 136.6 (b) Notice that payments must be made to the central 136.7 collections unit must be provided to the obligor and to the 136.8 payor of funds within 30 days before payments are redirected to 136.9 the central collections unit. After the notice has been 136.10 provided to the obligor or payor of funds, mailed payments 136.11 received by the local child support agency must be forwarded to 136.12 the central collections unit. A notice must be sent to the 136.13 obligor or payor of funds stating that payment application may 136.14 be delayed and must provide directions to submit future payments 136.15 to the central collections unit. 136.16 Subd. 11. [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 136.17 commissioner of human services may establish a revolving account 136.18 to cover funds issued in error due to insufficient funds or 136.19 other reasons. The commissioner must deposit appropriations for 136.20 this purpose and all recoupments against payments from the 136.21 account in the collections unit's recoupment account. The 136.22 recoupments are appropriated to the commissioner. An unexpended 136.23 balance in the account does not cancel, but is available until 136.24 expended. 136.25 Subd. 12. [UNCLAIMED SUPPORT FUNDS.] (a) If the public 136.26 authority cannot disburse support payments to an obligee because 136.27 the obligee cannot be located, the public authority must 136.28 continue its efforts to locate the obligee for one year from the 136.29 date it determines that it cannot locate the obligee. 136.30 (b) If the public authority is unable to locate the obligee 136.31 after one year, the public authority must mail a written notice 136.32 to the obligee at the obligee's last known address giving the 136.33 obligee 60 days to contact the public authority. 136.34 (c) If the obligee does not contact the public authority 136.35 within 60 days from the date of notice, the public authority 136.36 must: 137.1 (1) close the nonpublic assistance portion of the case; 137.2 (2) disburse unclaimed support funds to pay public 137.3 assistance arrears. If public assistance arrears remain after 137.4 disbursing the unclaimed support funds, the public authority may 137.5 continue to enforce and collect child support until all public 137.6 assistance arrears have been paid. If there are not public 137.7 assistance arrears, or unclaimed support funds remain after the 137.8 public assistance arrears have been paid, the public authority 137.9 must return the remaining unclaimed support funds to the 137.10 obligor; and 137.11 (3) when all public assistance arrears have been paid to 137.12 the public authority, mail a written notice of termination of 137.13 income withholding and case closure to the obligor at the 137.14 obligor's last known address. The notice must indicate that the 137.15 obligor's support obligation will remain in effect until further 137.16 order of the court and that the obligor may contact the public 137.17 authority for assistance to modify the order. The public 137.18 authority must include a copy of the form prepared by the state 137.19 court administrator's office under section 517C.25, subdivision 137.20 4, with the notice. 137.21 (d) If the public authority cannot locate the obligor to 137.22 return unclaimed support funds, the public authority must 137.23 continue its efforts to locate the obligor for one year from the 137.24 date the public authority determines that the obligor cannot be 137.25 located. If the public authority is unable to locate the 137.26 obligor after one year, the public authority must treat the 137.27 funds as unclaimed property according to federal law and chapter 137.28 345. 137.29 Sec. 41. [517C.52] [INCOME WITHHOLDING; GENERAL.] 137.30 Subdivision 1. [APPLICATION.] Sections 517C.52 to 517C.62 137.31 apply to all support orders issued by a court or an 137.32 administrative tribunal and orders for or notices of withholding 137.33 issued by the public authority according to section 517C.43, 137.34 subdivision 1, clause (5). 137.35 Subd. 2. [ORDER.] (a) Every support order must address 137.36 income withholding. Whenever a support order is initially 138.1 entered or modified, the full amount of the support order must 138.2 be withheld from the income of the obligor and forwarded to the 138.3 public authority. Sections 517C.51 to 517C.62 apply regardless 138.4 of the source of income of the person obligated to pay the child 138.5 support. 138.6 (b) Every order for child support must provide for a 138.7 conspicuous notice of the provisions in this section that 138.8 complies with section 517C.99, subdivision 3. An order without 138.9 this notice remains subject to this section. 138.10 (c) A payor of funds must implement income withholding 138.11 according to sections 517C.51 to 517C.62 upon receipt of an 138.12 order for or notice of withholding. The notice of withholding 138.13 must be on a form provided by the commissioner of human services. 138.14 Subd. 3. [NOTICE; INCOME WITHHOLDING AND COLLECTION 138.15 SERVICES.] (a) The commissioner of human services must prepare 138.16 and make available to the courts a notice of services that 138.17 explains child support and maintenance collection services 138.18 available through the public authority, including income 138.19 withholding. Upon receiving a petition for dissolution of 138.20 marriage or legal separation, the court administrator must 138.21 promptly send the notice of services to the petitioner and 138.22 respondent at the addresses stated in the petition. 138.23 (b) Upon receipt of a support order requiring income 138.24 withholding, a petitioner or respondent, who is not a recipient 138.25 of public assistance and does not receive child support 138.26 collection services from the public authority, must apply to the 138.27 public authority for either full child support collection 138.28 services or for services only to withhold income. 138.29 (c) For those persons applying for services only to 138.30 withhold income, the public authority must charge a monthly 138.31 service fee of $15 to the obligor. This fee is in addition to 138.32 the amount of the support order and must be withheld through 138.33 income withholding. The public authority must explain the 138.34 service options in this section to the affected parties and 138.35 encourage the application for full child support collection 138.36 services. 139.1 Subd. 4. [CONTRACT FOR SERVICE.] To carry out income 139.2 withholding, the public authority may contract for services, 139.3 including the use of electronic funds transfer. 139.4 Subd. 5. [ELECTRONIC TRANSMISSION.] Orders or notices for 139.5 income withholding may be transmitted for enforcement purposes 139.6 by electronic means. 139.7 Subd. 6. [TIMING OF AUTOMATED ENFORCEMENT REMEDIES.] The 139.8 public authority must make reasonable efforts to ensure that 139.9 automated enforcement remedies take into consideration the time 139.10 periods allowed under sections 517C.51 to 517C.62. 139.11 Sec. 42. [517C.53] [WAIVER OF INCOME WITHHOLDING.] 139.12 (a) If child support is not assigned to the public 139.13 authority under section 256.741, the court may waive income 139.14 withholding requirements if it finds there are no arrears as of 139.15 the date of the hearing and: 139.16 (1) one party demonstrates and the court finds there is 139.17 good cause to waive the requirements of sections 517C.51 to 139.18 517C.62 or to terminate an order for or notice of income 139.19 withholding previously entered; or 139.20 (2) all parties reach an agreement and the agreement is 139.21 approved by the court after a finding that the agreement is 139.22 likely to result in regular and timely payments. The court's 139.23 findings waiving the requirements of this paragraph must include 139.24 a written explanation of the reasons why income withholding 139.25 would not be in the child's best interests. 139.26 (b) In addition to the other requirements in this section, 139.27 if the case involves a modification of support, the court must 139.28 make a finding that support has been timely made. 139.29 (c) If the court waives income withholding, the obligee or 139.30 obligor may at any time request subsequent income withholding 139.31 under section 517C.59. 139.32 Sec. 43. [517C.54] [PAYOR OF FUNDS RESPONSIBILITIES.] 139.33 Subdivision 1. [ACTIVATION.] An order for or notice of 139.34 withholding is binding on a payor of funds upon receipt. 139.35 Withholding must begin no later than the first pay period that 139.36 occurs after 14 days following the date of receipt of the order 140.1 for or notice of withholding. In the case of a financial 140.2 institution, preauthorized transfers must occur in accordance 140.3 with a court-ordered payment schedule. 140.4 Subd. 2. [PROCEDURE.] A payor of funds must withhold from 140.5 the income payable to the obligor the amount specified in the 140.6 order or notice of withholding and amounts specified under 140.7 sections 517C.58 and 517C.63 and must remit the amounts withheld 140.8 to the public authority within seven business days of the date 140.9 the obligor is paid the remainder of the income. The payor of 140.10 funds must include with the remittance the obligor's social 140.11 security number, the case type indicator as provided by the 140.12 public authority, and the date the obligor is paid the remainder 140.13 of the income. The obligor is considered to have paid the 140.14 amount withheld as of the date the obligor received the 140.15 remainder of the income. A payor of funds may combine all 140.16 amounts withheld from one pay period into one payment to each 140.17 public authority, but must separately identify each obligor 140.18 making payment. 140.19 Subd. 3. [RETALIATION PROHIBITED.] A payor of funds must 140.20 not discharge, or refuse to hire, or otherwise discipline an 140.21 employee as a result of wage or salary withholding authorized by 140.22 this chapter. 140.23 Subd. 4. [UPDATED ORDERS.] If more than one order for or 140.24 notice of withholding exists involving the same obligor and 140.25 child, the public authority must enforce the most recent order 140.26 or notice. An order for or notice of withholding that was 140.27 previously implemented according to this chapter ends as of the 140.28 date of the most recent order. The public authority must notify 140.29 the payor of funds to withhold under the most recent withholding 140.30 order or notice. 140.31 Subd. 5. [NOTIFICATION OF TERMINATION.] When an order for 140.32 or notice of withholding is in effect and the obligor's 140.33 employment is terminated, the obligor and the payor of funds 140.34 must notify the public authority of the termination within ten 140.35 days of the termination date. The termination notice must 140.36 include the obligor's home address and the name and address of 141.1 the obligor's new payor of funds, if known. 141.2 Subd. 6. [EXPENSES.] A payor of funds may deduct $1 from 141.3 the obligor's remaining salary for each payment made pursuant to 141.4 an order for or notice of withholding under this chapter to 141.5 cover the expenses of withholding. 141.6 Sec. 44. [517C.55] [LUMP-SUM PAYMENTS.] 141.7 Subdivision 1. [APPLICATION.] (a) This section applies to 141.8 lump-sum payments of $500 or more including, but not limited to, 141.9 severance pay, accumulated sick pay, vacation pay, bonuses, 141.10 commissions, or other pay or benefits. 141.11 (b) The Consumer Credit Protection Act, United States Code, 141.12 title 15, section 1673(b), does not apply to lump-sum payments. 141.13 Subd. 2. [PAYOR OF FUNDS RESPONSIBILITIES.] Before 141.14 transmitting a lump-sum payment to an obligor, a payor of funds 141.15 who has been served with an order for or notice of income 141.16 withholding under this chapter or a sworn affidavit of arrears 141.17 from the public authority must: 141.18 (1) notify the public authority of the lump-sum payment 141.19 that is to be paid to the obligor; and 141.20 (2) hold the lump-sum payment for 30 days after the date 141.21 the lump-sum payment would otherwise have been paid to the 141.22 obligor, notwithstanding sections 176.221, 176.225, 176.521, 141.23 181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota 141.24 Rules, part 1415.2000, subpart 10. 141.25 Subd. 3. [PUBLIC AUTHORITY OPTIONS.] (a) The public 141.26 authority may direct the payor of funds to pay the lump-sum 141.27 payment, up to the amount of judgments or arrears, to the public 141.28 authority if: 141.29 (1) the public authority serves by mail a sworn affidavit 141.30 of arrears from the public authority or a court order upon the 141.31 payor of funds; 141.32 (2) a judgment entered pursuant to section 548.09 or 141.33 548.091, subdivision 1a, exists against the obligor, or other 141.34 support arrears exist; and 141.35 (3) a portion of the judgment or arrears remains unpaid. 141.36 (b) If no judgment or arrears exist, the public authority 142.1 may seek a court order directing the payor of funds to transmit 142.2 all or a portion of the lump-sum payment to the public authority 142.3 for future support. To obtain a court order under this 142.4 paragraph, the public authority must show an obligor's past 142.5 willful nonpayment of support. 142.6 Sec. 45. [517C.56] [PAYOR OF FUNDS LIABILITY.] 142.7 Subdivision 1. [LIABILITY TO OBLIGEE.] A payor of funds is 142.8 liable to the obligee for amounts required to be withheld. A 142.9 payor of funds that fails to withhold or transfer funds in 142.10 accordance with this chapter is liable to the obligee for 142.11 interest on the funds at the rate applicable to judgments under 142.12 section 549.09, computed from the date the funds were required 142.13 to be withheld or transferred. A payor of funds is liable for 142.14 reasonable attorney fees of the obligee or public authority 142.15 incurred in enforcing the liability under this paragraph. A 142.16 payor of funds that has failed to comply with the requirements 142.17 of sections 517C.51 to 517C.62 is subject to contempt sanctions 142.18 under section 517C.57. If the payor of funds is an employer or 142.19 independent contractor and violates this subdivision, a court 142.20 may award the obligor twice the wages lost as a result of this 142.21 violation. If a court finds a payor of funds violated this 142.22 subdivision, the court must impose a civil fine of not less than 142.23 $500. The liabilities under this subdivision apply to 142.24 intentional noncompliance by a payor of funds with the 142.25 requirements of sections 517C.51 to 517C.62. 142.26 Subd. 2. [NONLIABILITY FOR COMPLIANCE.] A payor of funds 142.27 is not subject to civil liability to any individual or agency 142.28 for taking action in compliance with an income withholding order 142.29 or notice of withholding that appears regular on its face 142.30 according to this chapter or chapter 518C. 142.31 Sec. 46. [517C.57] [EMPLOYER CONTEMPT.] 142.32 Subdivision 1. [ORDERS BINDING.] Notices or orders for 142.33 income withholding or medical support issued pursuant to this 142.34 chapter are binding on the employer, trustee, or other payor of 142.35 funds after the order or notice has been transmitted to the 142.36 employer, trustee, or payor of funds. 143.1 Subd. 2. [CONTEMPT ACTION.] (a) An obligee or the public 143.2 authority may initiate a contempt action against an employer, 143.3 trustee, or payor of funds, within the action that created the 143.4 support obligation, by serving an order to show cause upon the 143.5 employer, trustee, or payor of funds. 143.6 (b) The employer, trustee, or payor of funds is presumed to 143.7 be in contempt: 143.8 (1) if the employer, trustee, or payor of funds has 143.9 intentionally failed to withhold support after receiving the 143.10 order or notice for income withholding or notice of enforcement 143.11 of medical support; or 143.12 (2) upon presentation of pay stubs or similar documentation 143.13 showing that the employer, trustee, or payor of funds withheld 143.14 support and demonstrating that the employer, trustee, or payor 143.15 of funds intentionally failed to remit support to the public 143.16 authority. 143.17 Subd. 3. [LIABILITY; SANCTIONS.] The employer, trustee, or 143.18 payor of funds is liable to the obligee or the public authority 143.19 for amounts required to be withheld that were not paid. The 143.20 court may enter judgment against the employer, trustee, or payor 143.21 of funds for support not withheld or remitted. An employer, 143.22 trustee, or payor of funds found guilty of contempt must be 143.23 punished by a fine of not more than $250 as provided in chapter 143.24 588. The court may also impose other contempt sanctions 143.25 authorized under chapter 588. 143.26 Sec. 47. [517C.58] [PRIORITY OF INCOME WITHHOLDING ORDERS; 143.27 MAXIMUM WITHHOLDING.] 143.28 Subdivision 1. [PRIORITY.] (a) An order for or notice of 143.29 withholding under this chapter or execution or garnishment upon 143.30 a judgment for child support arrears or preadjudicated expenses 143.31 has priority over an attachment, execution, garnishment, or wage 143.32 assignment and is not subject to the statutory limitations on 143.33 amounts levied against the income of the obligor. Amounts 143.34 withheld from an employee's income must not exceed the maximum 143.35 permitted under the Consumer Credit Protection Act, United 143.36 States Code, title 15, section 1673(b). 144.1 Subd. 2. [MULTIPLE ORDERS.] If a single employee is 144.2 subject to multiple withholding orders or multiple notices of 144.3 withholding for the support of more than one child, the payor of 144.4 funds must comply with all of the orders or notices to the 144.5 extent that the total amount withheld from the obligor's income 144.6 does not exceed the limits imposed under the Consumer Credit 144.7 Protection Act, United States Code, title 15, section 1673(b), 144.8 giving priority to amounts designated in each order or notice as 144.9 current support as follows: 144.10 (1) if the total of the amounts designated in the orders 144.11 for or notices of withholding as current support exceeds the 144.12 amount available for income withholding, the payor of funds must 144.13 allocate to each order or notice an amount for current support 144.14 equal to the amount designated in that order or notice as 144.15 current support, divided by the total of the amounts designated 144.16 in the orders or notices as current support, multiplied by the 144.17 amount of the income available for income withholding; and 144.18 (2) if the total of the amounts designated in the orders 144.19 for or notices of withholding as current support does not exceed 144.20 the amount available for income withholding, the payor of funds 144.21 must pay the amounts designated as current support, and must 144.22 allocate to each order or notice an amount for past due support, 144.23 equal to the amount designated in that order or notice as past 144.24 due support, divided by the total of the amounts designated in 144.25 the orders or notices as past due support, multiplied by the 144.26 amount of income remaining available for income withholding 144.27 after the payment of current support. 144.28 Sec. 48. [517C.59] [SUBSEQUENT INCOME WITHHOLDING.] 144.29 Subdivision 1. [APPLICATION.] This section applies to 144.30 support orders that do not contain provisions for income 144.31 withholding. 144.32 Subd. 2. [PUBLIC AUTHORITY PROVIDES CHILD SUPPORT 144.33 ENFORCEMENT SERVICES.] If the public authority provides child 144.34 support enforcement services to the parties, income withholding 144.35 under this section takes effect without prior judicial notice to 144.36 the obligor and without the need for judicial or administrative 145.1 hearing. Withholding must be initiated when: 145.2 (1) the obligor requests it in writing to the public 145.3 authority; 145.4 (2) the obligee or obligor serves on the public authority a 145.5 copy of the notice of income withholding, a copy of the court's 145.6 order, an application, and the fee to use the public authority's 145.7 collection services; or 145.8 (3) the public authority commences withholding under 145.9 section 517C.43. 145.10 Subd. 3. [PUBLIC AUTHORITY DOES NOT PROVIDE CHILD SUPPORT 145.11 ENFORCEMENT SERVICES.] If the public authority does not provide 145.12 child support enforcement services to the parties, income 145.13 withholding under this section must be initiated when an obligee 145.14 requests it by making a written motion to the court and the 145.15 court finds that previous support has not been paid on a timely 145.16 consistent basis or that the obligor has threatened expressly or 145.17 otherwise to stop or reduce payments. 145.18 Subd. 4. [NOTICE.] Within two days after the public 145.19 authority commences withholding under this section, the public 145.20 authority must send to the obligor at the obligor's last known 145.21 address, notice that withholding has commenced. The notice must 145.22 include the information provided to the payor of funds in the 145.23 notice of withholding. 145.24 Subd. 5. [CONTEST.] (a) The obligor may contest 145.25 withholding under this section on the limited grounds that the 145.26 withholding or the amount withheld is improper due to mistake of 145.27 fact. An obligor who chooses to contest the withholding must do 145.28 so no later than 15 days after the employer commences 145.29 withholding, by bringing a proper motion under section 484.702 145.30 and the expedited child support process rules. 145.31 (b) The income withholding must remain in place while the 145.32 obligor contests the withholding. 145.33 (c) If the court finds a mistake in the amount of the 145.34 arrears to be withheld, the court must continue the income 145.35 withholding, but it must correct the amount of the arrears to be 145.36 withheld. 146.1 Sec. 49. [517C.60] [INCOME WITHHOLDING; ARREARS ORDER.] 146.2 (a) In addition to ordering income withholding for current 146.3 support the court may order the payor of funds to withhold 146.4 amounts to satisfy the obligor's previous arrears in support 146.5 order payments. Use of this remedy does not exclude the use of 146.6 other remedies to enforce judgments. The employer or payor of 146.7 funds must withhold from the obligor's income an additional 146.8 amount equal to 20 percent of the monthly child support 146.9 obligation until the arrears are paid. 146.10 (b) Notwithstanding any law to the contrary, funds from 146.11 income sources included in section 517C.12, subdivision 1, 146.12 whether periodic or lump-sum, are not exempt from attachment or 146.13 execution upon a judgment for child support arrears. 146.14 (c) Absent an order to the contrary, if arrears exist at 146.15 the time a support order would otherwise terminate, income 146.16 withholding continues in effect or may be implemented in an 146.17 amount equal to the support order plus an additional 20 percent 146.18 of the monthly child support obligation, until all arrears have 146.19 been paid in full. 146.20 Sec. 50. [517C.61] [INTERSTATE INCOME WITHHOLDING.] 146.21 (a) Upon receipt of an order for support entered in another 146.22 state and the specified documentation from an authorized agency, 146.23 the public authority must implement income withholding. A payor 146.24 of funds in this state must withhold income under court orders 146.25 for withholding issued by other states or territories. 146.26 (b) An employer receiving an income withholding notice from 146.27 another state must withhold and distribute the funds as directed 146.28 in the withholding notice and must apply the law of the 146.29 obligor's principal place of employment when determining: 146.30 (1) the employer's fee for processing an income withholding 146.31 notice; 146.32 (2) the maximum amount permitted to be withheld from the 146.33 obligor's income; and 146.34 (3) deadlines for implementing and forwarding the child 146.35 support payment. 146.36 (c) An obligor may contest withholding under this section 147.1 pursuant to section 518C.506. 147.2 Sec. 51. [517C.62] [ORDER TERMINATING INCOME WITHHOLDING.] 147.3 Subdivision 1. [GENERAL PROCEDURE.] (a) An order 147.4 terminating income withholding must specify the effective date 147.5 of the order and reference the initial order or decree that 147.6 establishes the support obligation. A court must enter an order 147.7 terminating income withholding if: 147.8 (1) the obligor serves written notice of the application 147.9 for termination of income withholding by mail upon the obligee 147.10 at the obligee's last known mailing address, and serves a 147.11 duplicate copy of the application on the public authority; 147.12 (2) the application for termination of income withholding 147.13 specifies the event that terminates the support obligation, the 147.14 effective date of the termination of the support obligation, and 147.15 the applicable provisions of the order or decree that 147.16 established the support obligation; and 147.17 (3) the application includes the complete name of the 147.18 obligor's payor of funds, the business mailing address, the 147.19 court action and court file number, and the support and 147.20 collections file number, if known. 147.21 (b) The obligee or the public authority may request a 147.22 contested hearing on the issue of whether income withholding 147.23 should continue. The request must be made within 20 days of 147.24 receiving an application for termination of income withholding. 147.25 The request must clearly specify the basis for continuing income 147.26 withholding. The obligee or public authority may make an ex 147.27 parte motion to stay the service of an order terminating income 147.28 withholding upon the obligor's payor of funds pending the 147.29 outcome of the contested hearing. 147.30 Subd. 2. [TERMINATION BY THE PUBLIC AUTHORITY.] (a) If the 147.31 public authority determines that income withholding is no longer 147.32 applicable, the public authority must notify the obligee and the 147.33 obligor of intent to terminate income withholding. 147.34 (b) Five days after notification to the obligee and 147.35 obligor, the public authority must issue a notice to the payor 147.36 of funds terminating income withholding. A court order is not 148.1 required unless the obligee has requested an expedited child 148.2 support hearing under section 484.702. 148.3 Sec. 52. [517C.63] [CHILD SUPPORT DEPOSIT ACCOUNT; 148.4 FINANCIAL INSTITUTIONS.] 148.5 Subdivision 1. [APPLICATION.] If income withholding is 148.6 ineffective due to the obligor's method of obtaining income, the 148.7 court must order the obligor to identify a child support deposit 148.8 account owned solely by the obligor, or to establish an account, 148.9 in a financial institution located in this state for the purpose 148.10 of depositing court-ordered child support payments. The court 148.11 must order the obligor to execute an agreement with the 148.12 appropriate public authority for preauthorized transfers from 148.13 the obligor's child support account payable to an account of the 148.14 public authority. The court must order the obligor to disclose 148.15 to the court all deposit accounts owned by the obligor in whole 148.16 or in part in any financial institution. The court may order 148.17 the obligor to disclose to the court the opening or closing of 148.18 any deposit account owned in whole or in part by the obligor 148.19 within 30 days of the opening or closing. The court may order 148.20 the obligor to execute an agreement with the appropriate public 148.21 authority for preauthorized transfers from any deposit account 148.22 owned in whole or in part by the obligor to the obligor's child 148.23 support deposit account if necessary to satisfy court-ordered 148.24 child support payments. The court may order a financial 148.25 institution to disclose to the court the account number and any 148.26 other information regarding accounts owned in whole or in part 148.27 by the obligor. An obligor who fails to comply with this 148.28 subdivision, fails to deposit funds in at least one deposit 148.29 account sufficient to pay court-ordered child support, or stops 148.30 payment or revokes authorization of a preauthorized transfer is 148.31 subject to contempt of court procedures under chapter 588. 148.32 Subd. 2. [TRANSFERS.] A financial institution must execute 148.33 preauthorized transfers for the obligor's deposit accounts in 148.34 the amount specified in the order and amounts required under 148.35 this section as directed by the public authority. A financial 148.36 institution is liable to the obligee if funds in any of the 149.1 obligor's deposit accounts identified in the court order equal 149.2 the amount stated in the preauthorization agreement but are not 149.3 transferred by the financial institution in accordance with the 149.4 agreement. 149.5 Sec. 53. [517C.64] [ESCROW ACCOUNT.] 149.6 Subdivision 1. [STAY OF SERVICE.] (a) If the court finds 149.7 there is no arrearage in child support as of the date of the 149.8 court hearing, the court must stay service of the income 149.9 withholding order under sections 517C.51 to 517C.62 if the 149.10 obligor: 149.11 (1) establishes a savings account for a sum equal to two 149.12 months of the monthly child support obligation; and 149.13 (2) provides proof of establishing the savings account to 149.14 the court and the public authority on or before the day of the 149.15 court hearing determining the obligation. 149.16 (b) The obligor must hold the sum under paragraph (a) in a 149.17 financial institution in an interest-bearing account with only 149.18 the public authority authorized as drawer of funds. The 149.19 obligor's proof of establishing the account must include the 149.20 financial institution name and address, account number, and the 149.21 deposit amount. 149.22 Subd. 2. [RELEASE OF STAY.] Within three working days of 149.23 receipt of notice of default, the public authority must direct 149.24 the financial institution to release to the public authority the 149.25 sum held under this section when the following conditions are 149.26 met: 149.27 (1) the obligor fails to pay the support amount to the 149.28 obligee or the public authority within ten days of the date it 149.29 is ordered to be paid; 149.30 (2) the obligee transmits a notice of default to the public 149.31 authority and makes application to the public authority for 149.32 child support and maintenance collection services. The obligee 149.33 must verify the notice and the notice must contain the title of 149.34 the action, the court file number, the obligee's full name and 149.35 address, the obligor's name and last known address, the 149.36 obligor's last known employer or other payor of funds, the date 150.1 of the first unpaid amount, the date of the last unpaid amount, 150.2 and the total amount unpaid; and 150.3 (3) within three working days of receipt of notice from the 150.4 obligee, the public authority sends a copy of the notice of 150.5 default and a notice of intent to implement income withholding 150.6 by mail to the obligor at the address given. The notice of 150.7 intent must state that the public authority will serve the order 150.8 establishing the child support or maintenance obligation on the 150.9 obligor's employer or payor of funds unless, within 15 days 150.10 after the mailing of the notice, the obligor requests a hearing 150.11 on the issue of whether payment was in default as of the date of 150.12 the notice of default. The obligor must serve notice of the 150.13 request for hearing on the public authority and the obligee. 150.14 Subd. 3. [DUTIES OF PUBLIC AUTHORITY.] Within three 150.15 working days of receipt of sums released under subdivision 2, 150.16 the public authority shall remit to the obligee all amounts not 150.17 assigned under section 256.741 as current support or 150.18 maintenance. The public authority must also serve a copy of the 150.19 court's order and the provisions of this section and sections 150.20 517C.51 to 517C.62 on the obligor's employer or other payor of 150.21 funds unless, within 15 days after mailing of the notice of 150.22 intent to implement income withholding, the obligor makes a 150.23 proper motion pursuant to section 484.702 and the rules of the 150.24 expedited child support process. The public authority must 150.25 inform the employer or payor of funds pursuant to sections 150.26 517C.51 to 517C.62 of the effective date on which the next 150.27 support or maintenance payment is due. The withholding process 150.28 must begin on that date and must reflect the total credits of 150.29 principal and interest amounts received from the escrow account. 150.30 Subd. 4. [HEARING.] Within 30 days of the date of the 150.31 notice of default under subdivision 2, clause (2), the court 150.32 must hold a hearing if a motion is brought by the obligor as set 150.33 forth in subdivision 2. If the court finds that there was a 150.34 default, the court must order the immediate withholding of 150.35 support or maintenance from the obligor's income. If the court 150.36 finds that there was no default, the court must order either the 151.1 obligor or obligee to reestablish the escrow account and 151.2 continue the stay of income withholding. 151.3 Subd. 5. [TERMINATION OF STAY.] When the obligation for 151.4 support of a child or for spousal maintenance ends under the 151.5 terms of the order or decree establishing the obligation and the 151.6 sum held under this section has not otherwise been released, the 151.7 public authority must release the sum and interest to the 151.8 obligor when the following conditions are met: 151.9 (1) the obligor transmits a notice of termination to the 151.10 public authority. The obligor must verify the notice and the 151.11 notice must contain the title of the action, the court file 151.12 number, the full name and address of the obligee, specify the 151.13 event that ends the support or maintenance obligation, the 151.14 effective date of the termination of support or maintenance 151.15 obligation, and the applicable provisions of the order or decree 151.16 that established the support or maintenance obligation; 151.17 (2) the public authority sends a copy of the notice of 151.18 termination to the obligee; and 151.19 (3) the obligee fails within 20 days after mailing of the 151.20 notice under clause (2) to request a hearing on the issue of 151.21 whether the support or maintenance obligation continues and 151.22 serve notice of the request for hearing on the obligor and the 151.23 public authority. 151.24 Sec. 54. [517C.65] [TRUSTEE.] 151.25 Subdivision 1. [APPOINTMENT.] Upon its own motion or upon 151.26 motion of either party, the court may appoint a trustee, when it 151.27 is deemed expedient, to receive money ordered to be paid as 151.28 child support for remittance to the person entitled to receive 151.29 the payments. The trustee may also receive property that is 151.30 part of an award for division of marital property. The trustee 151.31 must hold the property in trust to invest and pay over the 151.32 income in the manner the court directs, or to pay over the 151.33 principal sum in the proportions and at the times the court 151.34 orders. In all cases, the court must consider the situation and 151.35 circumstances of the recipient, and the children, if any. The 151.36 trustee must give a bond, as the court requires, for the 152.1 faithful performance of the trust. If it appears that the 152.2 recipient of money ordered to be paid as support will receive 152.3 public assistance, the court must appoint the public authority 152.4 as trustee. 152.5 Subd. 2. [RECORDS.] The trustee must maintain records 152.6 listing the amount of payments, the date when payments are 152.7 required to be made, and the names and addresses of the parties 152.8 affected by the order. 152.9 Subd. 3. [COMMUNICATION.] The parties affected by the 152.10 order must inform the trustee of a change of address or of other 152.11 conditions that may affect the administration of the order. 152.12 Subd. 4. [LATE PAYMENT.] If a required support payment is 152.13 not made within ten days of the due date, the trustee must send 152.14 the obligor notice of the arrears by first-class mail. If 152.15 payment of the sum due is not received by the trustee within ten 152.16 days after sending notice, the trustee must certify the amount 152.17 due to the public authority, whenever that authority is not the 152.18 trustee. If the public authority refers the arrears to the 152.19 county attorney, the county attorney may initiate enforcement 152.20 proceedings against the obligor for support. 152.21 Sec. 55. [517C.66] [OVERPAYMENTS.] 152.22 If child support is not assigned under section 256.741, and 152.23 an obligor has overpaid a child support obligation because of a 152.24 modification or error in the amount owed, the public authority 152.25 must: 152.26 (1) apply the amount of the overpayment to reduce the 152.27 amount of child support arrears or debts owed to the obligee; 152.28 and 152.29 (2) if an overpayment exists after the reduction of arrears 152.30 or debt, reduce the amount of the child support remitted to the 152.31 obligee by an amount no greater than 20 percent of the current 152.32 monthly support obligation and remit this amount to the obligor 152.33 until the overpayment is reduced to zero. 152.34 Sec. 56. [517C.67] [ALTERNATE NOTICE OF COURT ORDER.] 152.35 Whenever this chapter requires service of a court's order 152.36 on an employer, union, or payor of funds, service of a verified 153.1 notice of order may be made in lieu of the order. The verified 153.2 notice must contain the title of the action, the name of the 153.3 court, the court file number, the date of the court order, and 153.4 must recite the operative provisions of the order. 153.5 Sec. 57. [517C.70] [CHILD SUPPORT AND PARENTING TIME ARE 153.6 INDEPENDENT.] 153.7 (a) Failure by a party to make support payments is not a 153.8 defense to: 153.9 (1) interference with parenting time; or 153.10 (2) removing a child from this state without the permission 153.11 of the court or the other parent. 153.12 (b) Interference with parenting time or taking a child from 153.13 this state without permission of the court or the other parent 153.14 is not a defense to nonpayment of support. 153.15 (c) If a party fails to make support payments, interferes 153.16 with parenting time, or removes a child from this state without 153.17 permission of the court or the other parent, the other party may 153.18 petition the court for an appropriate order. 153.19 Sec. 58. [517C.705] [SIX-MONTH REVIEW.] 153.20 A request for a six-month review hearing form must be 153.21 attached to a decree or order that establishes child support 153.22 rights and obligations according to section 517A.29. 153.23 Sec. 59. [517C.71] [PAYMENT AGREEMENTS.] 153.24 Subdivision 1. [GENERAL REQUIREMENTS.] An obligor who has 153.25 child support arrears may enter into a payment agreement that 153.26 addresses payment of both current and overdue support. Payment 153.27 agreements must: 153.28 (1) be in writing; 153.29 (2) address both current support and arrears; and 153.30 (3) be approved by the district court, a child support 153.31 magistrate, or the public authority. 153.32 Subd. 2. [CONSIDERATIONS.] In proposing or approving 153.33 proposed payment agreements for purposes of this chapter, the 153.34 district court, a child support magistrate, or the public 153.35 authority must take into consideration the amount of the 153.36 arrears, the amount of the current support order, any pending 154.1 request for modification, and the earnings of the obligor. The 154.2 district court, child support magistrate, or public authority 154.3 must consider the individual financial circumstances of each 154.4 obligor in evaluating the obligor's ability to pay a proposed 154.5 payment agreement and must propose a reasonable payment 154.6 agreement tailored to the individual financial circumstances of 154.7 each obligor. The district court, child support magistrate, or 154.8 public authority also must consider a graduated payment plan 154.9 tailored to the individual financial circumstances of each 154.10 obligor. 154.11 Sec. 60. [517C.72] [SEEK EMPLOYMENT ORDERS.] 154.12 Subdivision 1. [COURT ORDER.] (a) When the public 154.13 authority is enforcing a support order, the public authority may 154.14 seek a court order requiring an obligor to seek employment if: 154.15 (1) the obligor's employment cannot be verified; 154.16 (2) the obligor has child support arrears amounting to at 154.17 least three times the obligor's total monthly support payments; 154.18 and 154.19 (3) the obligor is not in compliance with a payment 154.20 agreement. 154.21 (b) Upon proper notice to the obligor, the court may enter 154.22 a seek employment order if it finds that the obligor has not 154.23 provided proof of gainful employment and has not consented to an 154.24 order for income withholding or entered into a payment agreement. 154.25 Subd. 2. [CONTENTS OF ORDER.] The order to seek employment 154.26 must: 154.27 (1) order that the obligor seek employment within a 154.28 determinate amount of time; 154.29 (2) order that the obligor file with the public authority a 154.30 weekly report of at least five new attempts to find employment 154.31 or of having found employment. The report must include the 154.32 names, addresses, and telephone numbers of the employers or 154.33 businesses with whom the obligor attempted to obtain employment 154.34 and the name of the individual contact at each employer or 154.35 business to whom the obligor made application for employment or 154.36 to whom an inquiry was directed; 155.1 (3) notify the obligor that failure to comply with the 155.2 order is evidence of a willful failure to pay support under 155.3 section 517C.74; 155.4 (4) order that the obligor provide the public authority 155.5 with verification of any reason for noncompliance with the 155.6 order; and 155.7 (5) specify the duration of the order, not to exceed three 155.8 months. 155.9 Sec. 61. [517C.73] [ORDER FOR COMMUNITY SERVICES.] 155.10 If the court finds that the obligor earns $400 or less per 155.11 month and does not have the ability to provide support based on 155.12 the guidelines and factors in this chapter, the court may order 155.13 the obligor to perform community services to fulfill the 155.14 obligor's support obligation. In ordering community services 155.15 under this section, the court must consider whether the obligor 155.16 has the physical capability to perform community services, and 155.17 must order community services that are appropriate for the 155.18 obligor's abilities. 155.19 Sec. 62. [517C.74] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 155.20 SUPPORT.] 155.21 Subdivision 1. [GROUNDS.] If a person against whom an 155.22 order or decree for support has been entered under this chapter, 155.23 chapter 256, or a comparable law from another jurisdiction, has 155.24 child support arrears amounting to at least three times the 155.25 obligor's total monthly support obligation and is not in 155.26 compliance with a payment agreement, a court may cite and punish 155.27 a person for contempt under section 517C.25, subdivision 1, 155.28 chapter 588, or this section. An obligor's failure to comply 155.29 with a seek employment order entered under section 517C.72 is 155.30 evidence of willful failure to pay support. 155.31 Subd. 2. [COURT OPTIONS.] (a) If a court cites a person 155.32 for contempt under this section, and the obligor lives in a 155.33 county that contracts with the commissioner of human services 155.34 under section 256.997, the court may order the performance of 155.35 community service work up to 32 hours per week for six weeks for 155.36 each finding of contempt if the obligor: 156.1 (1) is able to work full time; 156.2 (2) works an average of less than 32 hours per week; and 156.3 (3) has actual weekly gross income averaging less than 40 156.4 times the federal minimum hourly wage under United States Code, 156.5 title 29, section 206(a)(1), or is voluntarily earning less than 156.6 the obligor has the ability to earn, as determined by the court. 156.7 (b) An obligor is presumed to be able to work full time. 156.8 The obligor has the burden of proving inability to work full 156.9 time. 156.10 Subd. 3. [RELEASE.] A person ordered to do community 156.11 service work under subdivision 2 may, during the six-week 156.12 period, apply to the district court, a child support magistrate, 156.13 or the public authority to be released from the community 156.14 service work requirement if the person: 156.15 (1) provides proof to the district court, a child support 156.16 magistrate, or the public authority that the person is gainfully 156.17 employed and submits to an order for income withholding under 156.18 section 517C.52; 156.19 (2) enters into a payment agreement under section 517C.71; 156.20 or 156.21 (3) provides proof to the district court, a child support 156.22 magistrate, or the public authority that, after entry of the 156.23 order, the person's circumstances have so changed that the 156.24 person is no longer able to fulfill the terms of the community 156.25 service order. 156.26 Subd. 4. [CONTINUING OBLIGATIONS.] An obligor's 156.27 performance of community service work does not relieve the 156.28 obligor of a current support obligation or arrears. 156.29 Sec. 63. [517C.745] [SECURITY; SEQUESTRATION; CONTEMPT.] 156.30 (a) In all cases when the court orders support payments, 156.31 the court may require sufficient security to be given for the 156.32 payment of them according to the terms of the order. Upon 156.33 neglect or refusal to give security, or upon failure to pay the 156.34 support, the court may sequester the obligor's personal estate 156.35 and the rents and profits of real estate of the obligor, and 156.36 appoint a receiver of them. The court may cause the personal 157.1 estate and the rents and profits of the real estate to be 157.2 applied according to the terms of the order. 157.3 (b) The obligor is presumed to have an income from a source 157.4 sufficient to pay the support order. A child support order 157.5 constitutes prima facie evidence that the obligor has the 157.6 ability to pay the award. If the obligor disobeys the order, it 157.7 is prima facie evidence of contempt. The court may cite the 157.8 obligor for contempt under this section, section 517C.74, or 157.9 chapter 588. 157.10 Sec. 64. [517C.75] [DRIVER'S LICENSE SUSPENSION.] 157.11 Subdivision 1. [FACTORS WARRANTING SUSPENSION.] An 157.12 obligor's driver's license must be suspended if the court finds 157.13 that the obligor has been or may be issued a driver's license by 157.14 the commissioner of public safety and if: 157.15 (1) the obligor has arrears amounting to at least three 157.16 times the obligor's total monthly support obligation and the 157.17 obligor is not in compliance with a payment agreement under 157.18 section 517C.71; or 157.19 (2) the obligor has failed, after receiving notice, to 157.20 comply with a subpoena relating to a paternity or child support 157.21 proceeding. 157.22 Subd. 2. [SUSPENSION INITIATED BY THE OBLIGEE.] (a) An 157.23 obligee may bring a motion to suspend an obligor's driver's 157.24 license. The obligee must properly serve the motion on the 157.25 obligor pursuant to court rules and file the motion with the 157.26 court. An obligee may not bring a motion under this subdivision 157.27 within 12 months of a denial of a previous motion under this 157.28 subdivision. 157.29 (b) At the hearing, if the court finds that a factor under 157.30 subdivision 1 exists, the court must: 157.31 (1) order the commissioner of public safety to suspend the 157.32 obligor's driver's license; and 157.33 (2) stay the order for 90 days to allow the obligor the 157.34 opportunity to enter into a payment agreement under section 157.35 517C.71. 157.36 (c) If after 90 days the obligor has not entered into or is 158.1 not in compliance with a payment agreement under section 158.2 517C.71, the court's order becomes effective and the 158.3 commissioner of public safety must suspend the obligor's 158.4 driver's license. 158.5 Subd. 3. [SUSPENSION INITIATED BY THE PUBLIC 158.6 AUTHORITY.] (a) If the public authority determines that a factor 158.7 in subdivision 1 exists, the public authority must initiate the 158.8 suspension of the obligor's driver's license. 158.9 (b) The public authority must mail a written notice to the 158.10 obligor at the obligor's last known address indicating that: 158.11 (1) the public authority intends to seek suspension of the 158.12 obligor's driver's license; and 158.13 (2) the obligor must make a written request for a hearing 158.14 to contest the driver's license suspension within 30 days of the 158.15 date of the notice. 158.16 (c) If the obligor requests a hearing within 30 days of the 158.17 date of the notice, a court hearing must be held. At least 14 158.18 days before the hearing, the public authority must serve notice 158.19 on the obligor personally or by mail at the obligor's last known 158.20 address of the following: 158.21 (1) the hearing time and place; 158.22 (2) the allegations against the obligor; and 158.23 (3) a statement informing the obligor of the requirement to 158.24 enter into a payment agreement under section 517C.71 to avoid 158.25 license suspension. 158.26 (d) If a hearing is held and the court finds a factor under 158.27 subdivision 1 exists, the court must order the commissioner of 158.28 public safety to suspend the obligor's driver's license. 158.29 (e) If the obligor does not request a hearing within 30 158.30 days of the date of the notice and has not executed a written 158.31 payment agreement under section 517C.71 that is approved by the 158.32 public authority within 90 days of the date of the notice, the 158.33 public authority must direct the commissioner of public safety 158.34 to suspend the obligor's driver's license. 158.35 Subd. 4. [SUSPENSION FOR FAILURE TO COMPLY WITH A 158.36 SUBPOENA.] (a) A court, child support magistrate, or the public 159.1 authority may direct the commissioner of public safety to 159.2 suspend an obligor's driver's license if the obligor has failed, 159.3 after receiving notice, to comply with a subpoena relating to a 159.4 paternity or child support proceeding. 159.5 (b) The notice to an obligor of intent to suspend a 159.6 driver's license must be served by first class mail at the 159.7 obligor's last known address. The notice must inform the 159.8 obligor of the right to make a written request for a hearing. 159.9 (c) If the obligor makes a written request within ten days 159.10 of the date of the notice, a hearing must be held. At the 159.11 hearing, the only issues to be considered are mistake of fact 159.12 and whether the obligor received the subpoena. 159.13 Subd. 5. [SUSPENSION FOR FAILURE TO REMAIN IN COMPLIANCE 159.14 WITH A PAYMENT AGREEMENT.] The license of an obligor who fails 159.15 to remain in compliance with a payment agreement under section 159.16 517C.71 may be suspended. A party or the public authority must 159.17 serve notice upon the obligor of intent to suspend under this 159.18 subdivision. The party or public authority must serve the 159.19 notice upon the obligor by first class mail at the obligor's 159.20 last known address not less than ten days before the hearing 159.21 date. The notice must include a notice of hearing. If the 159.22 obligor appears at the hearing and the judge determines that the 159.23 obligor has failed to comply with a payment agreement under 159.24 section 517C.71, the judge must notify the department of public 159.25 safety to suspend the obligor's license. If the obligor fails 159.26 to appear at the hearing, the public authority may notify the 159.27 department of public safety to suspend the obligor's license. 159.28 Subd. 6. [REINSTATEMENT.] (a) An obligor whose driver's 159.29 license or operating privileges are suspended may: 159.30 (1) provide proof to the public authority that the obligor 159.31 is in compliance with all payment agreements under section 159.32 517C.71; 159.33 (2) bring a motion for reinstatement of the driver's 159.34 license. At the hearing, the district court or child support 159.35 magistrate must establish a payment agreement under section 159.36 517C.71 if the district court or child support magistrate orders 160.1 reinstatement of the driver's license; or 160.2 (3) seek a limited license under section 171.30. A limited 160.3 license issued to an obligor under section 171.30 expires 90 160.4 days after the date it is issued. 160.5 (b) Within 15 days of the receipt of the proof under 160.6 paragraph (a), clause (1), or a court order, the public 160.7 authority must inform the commissioner of public safety that the 160.8 obligor's driver's license or operating privileges should no 160.9 longer be suspended. 160.10 Subd. 7. [REMEDIES AVAILABLE.] The remedy under this 160.11 section is in addition to any other enforcement remedy available 160.12 to the court or public authority. 160.13 Subd. 8. [REPORT TO THE LEGISLATURE.] On January 15, 2005, 160.14 and every two years after that, the commissioner of human 160.15 services must submit a report to the legislature that identifies 160.16 the following information relevant to the implementation of this 160.17 section: 160.18 (1) the number of child support obligors notified of an 160.19 intent to suspend a driver's license; 160.20 (2) the amount collected in payments from the child support 160.21 obligors notified of an intent to suspend a driver's license; 160.22 (3) the number of cases paid in full and payment agreements 160.23 executed in response to notification of an intent to suspend a 160.24 driver's license; 160.25 (4) the number of cases in which there has been 160.26 notification and no payments or payment agreements; 160.27 (5) the number of driver's licenses suspended; 160.28 (6) the cost of implementation and operation of the 160.29 requirements of this section; and 160.30 (7) the number of limited licenses issued and number of 160.31 cases in which payment agreements are executed and cases are 160.32 paid in full following issuance of a limited license. 160.33 Sec. 65. [517C.76] [OCCUPATIONAL LICENSE SUSPENSION.] 160.34 Subdivision 1. [FACTORS WARRANTING SUSPENSION.] An 160.35 obligor's occupational license must be suspended if the court 160.36 finds that the obligor is or may be licensed by a licensing 161.1 board listed in section 214.01 or other state, county, or 161.2 municipal agency or board that issues an occupation license and 161.3 if: 161.4 (1) the obligor has arrears amounting to at least three 161.5 times the obligor's total monthly support obligation and the 161.6 obligor is not in compliance with a payment agreement under 161.7 section 517C.71; or 161.8 (2) the obligor has failed, after receiving notice, to 161.9 comply with a subpoena relating to a paternity or child support 161.10 proceeding. 161.11 Subd. 2. [SUSPENSION INITIATED BY THE OBLIGEE.] (a) An 161.12 obligee may bring a motion to suspend an obligor's occupational 161.13 license. The obligee must properly serve the motion on the 161.14 obligor pursuant to court rules and file the motion with the 161.15 court. 161.16 (b) At the hearing, if the court finds that a factor under 161.17 subdivision 1 exists, the court must: 161.18 (1) order the licensing board or agency to suspend the 161.19 obligor's occupational license under section 214.101; and 161.20 (2) stay the order for 90 days to allow the obligor the 161.21 opportunity to enter into a payment agreement under section 161.22 257C.71. 161.23 (c) If after 90 days the obligor has not entered into or is 161.24 not in compliance with a payment agreement under section 161.25 517C.71, the court order becomes effective and the licensing 161.26 board or agency must suspend the obligor's occupational license. 161.27 (d) If the obligor is a licensed attorney, the court must 161.28 comply with the procedure under subdivision 4 for notifying the 161.29 lawyers professional responsibility board. 161.30 Subd. 3. [SUSPENSION INITIATED BY THE PUBLIC 161.31 AUTHORITY.] (a) If the public authority determines that a factor 161.32 in subdivision 1 exists, the public authority must initiate the 161.33 suspension of the obligor's occupational license. 161.34 (b) The public authority must mail a written notice to the 161.35 obligor at the obligor's last known address indicating that: 161.36 (1) the public authority intends to seek suspension of the 162.1 obligor's occupational license; and 162.2 (2) the obligor must make a written request for a hearing 162.3 to contest the occupational license suspension within 30 days of 162.4 the date of the notice. 162.5 (c) If the obligor requests a hearing within 30 days of the 162.6 date of the notice, a court hearing must be held. At least 14 162.7 days before the hearing, the public authority must serve notice 162.8 on the obligor personally or by mail at the obligor's last known 162.9 address of the following: 162.10 (1) the hearing time and place; 162.11 (2) the allegations against the obligor; and 162.12 (3) a statement informing the obligor of the requirement to 162.13 enter into a payment agreement under section 517C.71 to avoid 162.14 license suspension. 162.15 (d) If a hearing is held and the court finds a factor 162.16 warranting suspension under subdivision 1 exists, the court must 162.17 order the occupational licensing board or agency to suspend the 162.18 obligor's occupational license. 162.19 (e) If the obligor does not request a hearing within 30 162.20 days of the date of the notice and has not executed a written 162.21 payment agreement under section 517C.71 that is approved by the 162.22 public authority within 90 days of the date of the notice, the 162.23 public authority must direct the occupational licensing board or 162.24 agency to suspend the obligor's occupational license. 162.25 (f) If the obligor is a licensed attorney, the court or 162.26 public authority must comply with the procedure under 162.27 subdivision 4 for notifying the lawyers professional 162.28 responsibility board. 162.29 Subd. 4. [OBLIGOR IS LICENSED ATTORNEY.] If an obligor is 162.30 a licensed attorney and the court finds that a factor warranting 162.31 suspension under subdivision 1 exists, the court or public 162.32 authority must notify the lawyers professional responsibility 162.33 board for appropriate action in accordance with the rules of 162.34 professional conduct or order the licensing board or agency to 162.35 suspend the obligor's license if the court finds that the 162.36 obligor: 163.1 (1) is licensed by a licensing board or other state agency 163.2 that issues an occupational license; 163.3 (2) has not made full payment of arrears found to be due by 163.4 the public authority; and 163.5 (3) has not executed or is not in compliance with a payment 163.6 agreement. 163.7 Subd. 5. [SUSPENSION FOR FAILURE TO COMPLY WITH A 163.8 SUBPOENA.] (a) A court, child support magistrate, or the public 163.9 authority may direct the occupational licensing board or agency 163.10 to suspend an obligor's occupational license if the obligor has 163.11 failed, after receiving notice, to comply with a subpoena 163.12 relating to a paternity or child support proceeding. 163.13 (b) The notice to an obligor of intent to suspend an 163.14 occupational license must be served by first class mail at the 163.15 obligor's last known address. The notice must inform the 163.16 obligor of the right to make a written request for a hearing. 163.17 (c) If the obligor makes a written request within ten days 163.18 of the date of the notice, a hearing must be held. At the 163.19 hearing, the only issues to be considered are mistake of fact 163.20 and whether the obligor received the subpoena. 163.21 Subd. 6. [FAILURE TO REMAIN IN COMPLIANCE WITH AN APPROVED 163.22 PAYMENT AGREEMENT.] The license of an obligor who fails to 163.23 remain in compliance with a payment agreement under section 163.24 517C.71 may be suspended. A party must serve notice upon the 163.25 obligor of an intent to suspend under this subdivision. A party 163.26 must serve the notice by first class mail at the obligor's last 163.27 known address not less than ten days before the date of the 163.28 hearing. The notice must include a notice of hearing. If the 163.29 obligor appears at the hearing and the judge determines that the 163.30 obligor has failed to comply with a payment agreement under 163.31 section 517C.71, the judge must notify the licensing board or 163.32 agency to suspend the obligor's license. If the obligor fails 163.33 to appear at the hearing, the public authority may notify the 163.34 licensing board or agency to suspend the obligor's license. 163.35 Subd. 7. [REINSTATEMENT.] An obligor whose occupational 163.36 license is suspended may provide proof to the public authority 164.1 that the obligor is in compliance with all payment agreements 164.2 under section 517C.71. Within 15 days of the receipt of that 164.3 proof, the public authority must inform the licensing board or 164.4 agency or the lawyer's professional responsibility board that 164.5 the obligor is no longer ineligible for license issuance, 164.6 reinstatement, or renewal under this section. 164.7 Subd. 8. [REMEDIES AVAILABLE.] The remedy under this 164.8 section is in addition to any other enforcement remedy available 164.9 to the court or public authority. 164.10 Sec. 66. [517C.77] [DATA ON SUSPENSIONS FOR SUPPORT 164.11 ARREARS.] 164.12 Notwithstanding section 13.03, subdivision 4, paragraph 164.13 (c), data on an occupational license suspension under section 164.14 517C.76 or a driver's license suspension under section 517C.75, 164.15 that are transferred by the department of human services to the 164.16 department of public safety or a state, county, or municipal 164.17 occupational licensing agency respectively must have the same 164.18 classification at the department of public safety or other 164.19 receiving agency under section 13.02 as other license suspension 164.20 data held by the receiving agency. The transfer of the data 164.21 does not affect the classification of the data in the hands of 164.22 the department of human services. 164.23 Sec. 67. [517C.78] [RECREATIONAL LICENSE SUSPENSION.] 164.24 Subdivision 1. [MOTION; FACTORS.] (a) An obligee or the 164.25 public authority may bring a motion to suspend the recreational 164.26 license or licenses of an obligor. An obligee or the public 164.27 authority must serve the motion on the obligor in person or by 164.28 first class mail at the obligor's last known address. There 164.29 must be an opportunity for a hearing. The court may direct the 164.30 commissioner of natural resources to suspend or bar receipt of 164.31 the obligor's recreational license or licenses if it finds that: 164.32 (1) the obligor has child support arrears amounting to at 164.33 least six times the obligor's total monthly support payments and 164.34 the obligor is not in compliance with a payment agreement under 164.35 section 517C.71; or 164.36 (2) the obligor has failed, after receiving notice, to 165.1 comply with a subpoena relating to a paternity or child support 165.2 proceeding. 165.3 (b) Before utilizing this section, the court must find that 165.4 other substantial enforcement mechanisms have been attempted but 165.5 have not resulted in compliance. 165.6 Subd. 2. [AFFECTED LICENSES.] For purposes of this 165.7 section, a recreational license includes all licenses, permits, 165.8 and stamps issued centrally by the commissioner of natural 165.9 resources under sections 97B.301, 97B.401, 97B.501, 97B.515, 165.10 97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305. 165.11 Subd. 3. [REINSTATEMENT.] An obligor whose recreational 165.12 license has been suspended or barred may provide proof to the 165.13 court that the obligor is in compliance with all payment 165.14 agreements under section 517C.71. Within 15 days of receipt of 165.15 that proof, the court must notify the commissioner of natural 165.16 resources that the obligor's recreational license or licenses 165.17 must no longer be suspended nor may receipt be barred. 165.18 Sec. 68. [517C.79] [MOTOR VEHICLE LIEN.] 165.19 Subdivision 1. [FACTORS WARRANTING LIEN.] A lien in the 165.20 name of the obligee or the state of Minnesota, as appropriate, 165.21 in accordance with section 168A.05, subdivision 8, must be 165.22 entered on any motor vehicle certificate of title subsequently 165.23 issued in the obligor's name if the obligor: 165.24 (1) is a debtor for a judgment debt resulting from child 165.25 support arrears in an amount at least three times the total 165.26 monthly support obligation; and 165.27 (2) is not in compliance with a payment agreement under 165.28 section 517C.71. 165.29 Subd. 2. [LIEN INITIATED BY THE OBLIGEE.] (a) An obligee 165.30 may bring a motion for the entry of a lien on any motor vehicle 165.31 certificate of title issued in the obligor's name. The obligee 165.32 must properly serve the motion on the obligor pursuant to court 165.33 rules and file the motion with the court. 165.34 (b) At the hearing, if the court finds that the factors 165.35 under subdivision 1 exist, the court must: 165.36 (1) order the commissioner of public safety to enter a lien 166.1 in the obligee's name or in the name of the state of Minnesota, 166.2 as appropriate under section 168A.05, subdivision 8, on any 166.3 motor vehicle certificate of title subsequently issued in the 166.4 obligor's name; and 166.5 (2) stay the order for 90 days to allow the obligor the 166.6 opportunity to enter into a payment agreement under section 166.7 517C.71. 166.8 (c) If after 90 days the obligor has not entered into or is 166.9 not in compliance with a payment agreement under section 166.10 517C.71, the court's order becomes effective and the 166.11 commissioner of public safety must enter the lien on any motor 166.12 vehicle certificate of title subsequently issued in the 166.13 obligor's name. 166.14 Subd. 3. [LIEN INITIATED BY THE PUBLIC AUTHORITY.] (a) If 166.15 the public authority determines that the factors in subdivision 166.16 1 exist, the public authority must direct the commissioner of 166.17 public safety to enter a lien in the name of the obligee or in 166.18 the name of the state of Minnesota, as appropriate, under 166.19 section 168A.05, subdivision 8, on any motor vehicle certificate 166.20 of title subsequently issued in the obligor's name. 166.21 (b) At least 90 days before directing the entry of a lien 166.22 under this section, the public authority must mail a written 166.23 notice to the obligor at the obligor's last known address 166.24 indicating that: 166.25 (1) the public authority intends to enter a lien on any 166.26 motor vehicle certificate of title subsequently issued in the 166.27 obligor's name; and 166.28 (2) the obligor must make a written request for a hearing 166.29 within 30 days of the date of the notice to contest the action. 166.30 (c) If the obligor makes a written request for a hearing 166.31 within 30 days of the date of the notice, a court hearing must 166.32 be held. At least 14 days before the hearing, the public 166.33 authority must serve the obligor personally or by mail at the 166.34 obligor's last known address with a notice including the hearing 166.35 time and place and the allegations against the obligor. 166.36 (d) If a hearing is held and the court finds the factors 167.1 under subdivision 1 exist, the court must order the commissioner 167.2 of public safety to enter the lien on any motor vehicle 167.3 certificate of title subsequently issued in the obligor's name. 167.4 (e) If the obligor does not make a written request for a 167.5 hearing within 30 days of the date of the notice and has not 167.6 entered into or is not in compliance with a payment agreement 167.7 under section 517C.71 approved by the public authority within 90 167.8 days of the date of the notice, the public authority must direct 167.9 the commissioner of public safety to enter the lien on any motor 167.10 vehicle certificate of title subsequently issued in the 167.11 obligor's name. 167.12 Subd. 4. [RELEASE.] An obligor may provide proof to the 167.13 court or the public authority that the obligor is in compliance 167.14 with all written payment agreements under section 517C.71 or 167.15 that the motor vehicle's value is less than the exemption 167.16 provided under section 550.37. Within 15 days of the receipt of 167.17 that proof, the court or public authority must: 167.18 (1) execute a release of security interest under section 167.19 168A.20, subdivision 4, and mail or deliver the release to the 167.20 owner or other authorized person; or 167.21 (2) in instances where a lien has not yet been entered, 167.22 direct the commissioner of public safety not to enter a lien on 167.23 any motor vehicle certificate of title subsequently issued in 167.24 the obligor's name. 167.25 Subd. 5. [NONEXEMPT VALUE.] A lien recorded against a 167.26 motor vehicle certificate of title under this section and 167.27 section 168A.05, subdivision 8, attaches only to the nonexempt 167.28 value of the motor vehicle as determined in accordance with 167.29 section 550.37. The value of a motor vehicle must be determined 167.30 in accordance with the retail value described in the National 167.31 Auto Dealers Association Official Used Car Guide, Midwest 167.32 Edition, for the current year, or in accordance with the 167.33 purchase price as defined in section 297B.01, subdivision 8. 167.34 Subd. 6. [REMEDIES AVAILABLE.] The remedy available under 167.35 this section is in addition to any other enforcement remedies 167.36 available to the court or public authority. 168.1 Sec. 69. [517C.80] [PUBLICATION OF NAMES OF DELINQUENT 168.2 CHILD SUPPORT OBLIGORS.] 168.3 Subdivision 1. [MAKING NAMES PUBLIC.] At least once each 168.4 year, the commissioner of human services, in consultation with 168.5 the attorney general, may publish a list of the names and other 168.6 identifying information of no more than 25 persons who: 168.7 (1) are child support obligors; 168.8 (2) are at least $10,000 in arrears; 168.9 (3) are not in compliance with a payment agreement 168.10 regarding both current support and arrears approved by the 168.11 district court, a child support magistrate, or the public 168.12 authority; 168.13 (4) cannot currently be located by the public authority for 168.14 the purposes of enforcing a support order; and 168.15 (5) have not made a support payment except tax intercept 168.16 payments in the preceding 12 months. 168.17 Subd. 2. [IDENTIFYING INFORMATION.] Identifying 168.18 information may include the obligor's name, last known address, 168.19 amount owed, date of birth, photograph, the number of children 168.20 for whom support is owed, and any additional information about 168.21 the obligor that would assist in identifying or locating the 168.22 obligor. The commissioner and attorney general may use posters, 168.23 media presentations, electronic technology, and other means that 168.24 the commissioner and attorney general determine are appropriate 168.25 for dissemination of the information, including publication on 168.26 the Internet. The commissioner and attorney general may make 168.27 any or all of the identifying information regarding these 168.28 persons public. Information regarding an obligor who meets the 168.29 criteria in this section will only be made public after that 168.30 person's selection by the commissioner and attorney general. 168.31 Subd. 3. [NOTICE.] (a) Before making the obligor's name 168.32 public, the department of human services must send a notice to 168.33 the obligor's last known address stating the department's 168.34 intention to make public information on the obligor. The notice 168.35 must also provide an opportunity to have the obligor's name 168.36 removed from the list by paying the arrears or by entering into 169.1 an agreement to pay the arrears, or by providing information to 169.2 the public authority that there is good cause not to make the 169.3 information public. The notice must include the final date when 169.4 the payment or agreement can be accepted. 169.5 (b) The department of human services must obtain the 169.6 obligee's written consent to make the obligor's name public. 169.7 Subd. 4. [NAMES PUBLISHED IN ERROR.] If the commissioner 169.8 makes a name public under subdivision 1 in error, the 169.9 commissioner must also offer to publish a printed retraction and 169.10 a public apology acknowledging that the name was made public in 169.11 error. If the person whose name was made public in error elects 169.12 the public retraction and apology, the retraction and apology 169.13 must appear in the same medium and the same format as the 169.14 original notice where the name was listed in error. In addition 169.15 to the right of a public retraction and apology, a person whose 169.16 name was made public in error has a civil action for damages 169.17 caused by the error. 169.18 Sec. 70. [517C.81] [COLLECTION; ARREARS.] 169.19 Subdivision 1. [COLLECTION OF ARREARS TO CONTINUE AFTER 169.20 CHILD IS EMANCIPATED.] Remedies available for collecting and 169.21 enforcing support in this chapter and chapters 256, 257, and 169.22 518C also apply to cases in which a child for whom support is 169.23 owed is emancipated and the obligor owes past support or has 169.24 accumulated arrears as of the date of the youngest child's 169.25 emancipation. Child support arrears under this section include 169.26 arrears for child support, medical support, child care, 169.27 pregnancy and birth expenses, and unreimbursed medical expenses 169.28 as defined in section 517C.15. 169.29 Subd. 2. [RETROACTIVE APPLICATION.] This section applies 169.30 retroactively to support arrears that accrued on or before the 169.31 date of enactment and to all arrears accruing after the date of 169.32 enactment. 169.33 Subd. 3. [LIMITATIONS.] Past support or pregnancy and 169.34 confinement expenses ordered for which the obligor has specific 169.35 court-ordered terms for repayment may not be enforced using 169.36 drivers' and occupational or professional license suspension, 170.1 credit bureau reporting, and additional income withholding under 170.2 section 517C.60, unless the obligor fails to comply with the 170.3 terms of the court order for repayment. 170.4 Subd. 4. [PAYMENT OF ARREARS.] Absent a court order to the 170.5 contrary, if an arrearage exists at the time a support order 170.6 would otherwise terminate and section 517C.60 does not apply, 170.7 the obligor must repay the arrearage in an amount equal to the 170.8 current support order until all arrears have been paid in full. 170.9 Subd. 5. [PAYMENT AGREEMENT.] If arrears exist according 170.10 to a support order which fails to establish a monthly support 170.11 obligation in a specific dollar amount, the public authority, if 170.12 it provides child support collection services, or the obligee 170.13 may establish a payment agreement. The payment agreement must 170.14 equal what the obligor would pay for current child support, plus 170.15 an additional 20 percent of the current child support 170.16 obligation, until all arrears are paid in full. If the obligor 170.17 fails to enter into or comply with a payment agreement, the 170.18 public authority, if it provides child support collection 170.19 services, or the obligee may file a motion in district court or 170.20 the expedited child support process, if section 484.702 applies, 170.21 for a court order establishing repayment terms. 170.22 Sec. 71. [517C.82] [COLLECTION; REVENUE RECAPTURE.] 170.23 The public authority may submit debt under chapter 270A 170.24 only if the obligor is in arrears in court-ordered child support 170.25 or maintenance payments, or both, in an amount greater than the 170.26 obligor's total monthly support and maintenance payments or if 170.27 the debt has been entered and docketed as a judgment. 170.28 Sec. 72. [517C.83] [CASE REVIEWER.] 170.29 The commissioner must make a case reviewer available to 170.30 obligors and obligees. The reviewer must be available to answer 170.31 questions concerning the collection process and to review the 170.32 collection activity taken. A reviewer who reasonably believes 170.33 that a particular action being taken is unreasonable or unfair 170.34 may make recommendations to the commissioner and the applicable 170.35 county in regard to the collection action. 170.36 Sec. 73. [517C.84] [ATTORNEY FEES; COLLECTION COSTS.] 171.1 Subdivision 1. [GENERAL.] (a) A child support obligee is 171.2 entitled to recover from the obligor reasonable attorney fees 171.3 and other collection costs incurred to enforce a child support 171.4 judgment, as provided in this section if the child support 171.5 arrears are: 171.6 (1) at least $500; 171.7 (2) at least 90 days past due; and 171.8 (3) docketed as a judgment under sections 548.09 and 171.9 548.091. 171.10 (b) If the obligor pays in full the judgment rendered under 171.11 section 548.091 within 20 days of receipt of notice of entry of 171.12 judgment, the obligee is not entitled to recover attorney fees 171.13 or collection costs under this section. 171.14 Subd. 2. [ENFORCEMENT.] Attorney fees and collection costs 171.15 obtained under this section are considered child support and 171.16 entitled to the applicable remedies for child support collection 171.17 and enforcement. 171.18 Subd. 3. [NOTICE TO PUBLIC AUTHORITY.] If the public 171.19 authority is a party to a case, an obligee must provide written 171.20 notice to the public authority within five days of: 171.21 (1) contracting with an attorney or collection entity to 171.22 enforce a child support judgment; or 171.23 (2) receipting payments received on a child support 171.24 judgment. 171.25 Subd. 4. [NOTICE TO OBLIGOR; HEARING.] (a) The obligee 171.26 must serve notice of the obligee's intent to recover attorney 171.27 fees and collection costs by certified or registered mail on the 171.28 obligor at the obligor's last known address. The notice must 171.29 itemize the attorney fees and collection costs being sought by 171.30 the obligee. It must inform the obligor that the fees and costs 171.31 will become an additional judgment for child support unless, 171.32 within 20 days of mailing of the notice, the obligor requests a 171.33 hearing: 171.34 (1) on the reasonableness of the fees and costs; or 171.35 (2) to contest the child support judgment on grounds 171.36 limited to mistake of fact. 172.1 (b) If the obligor requests a hearing, the only issues to 172.2 be determined by the court are: 172.3 (1) whether the attorney fees or collection costs were 172.4 reasonably incurred by the obligee for the enforcement of a 172.5 child support judgment against the obligor; or 172.6 (2) the validity of the child support judgment on grounds 172.7 limited to mistake of fact. 172.8 (c) The fees and costs may not exceed 30 percent of the 172.9 arrears. The court may modify the amount of attorney fees and 172.10 costs as appropriate and must enter judgment accordingly. 172.11 (d) If the obligor fails to request a hearing within 20 172.12 days of mailing of the notice under paragraph (a), the amount of 172.13 the attorney fees or collection costs requested by the obligee 172.14 in the notice automatically becomes an additional judgment for 172.15 child support. 172.16 Subd. 5. [FORMS.] The state court administrator must 172.17 prepare and make available to the court and the parties forms 172.18 for use in providing for notice and requesting a hearing under 172.19 this section. 172.20 Sec. 74. [517C.99] [REQUIRED NOTICES.] 172.21 Subdivision 1. [REQUIREMENT.] Every court order or 172.22 judgment and decree that provides for child support, spousal 172.23 maintenance, custody, or parenting time must contain certain 172.24 notices as set out in subdivision 3. The information in the 172.25 notices must be concisely stated in plain language. The notices 172.26 must be in clearly legible print, but may not exceed two pages. 172.27 An order or judgment and decree without the notice remains 172.28 subject to all statutes. The court may waive all or part of the 172.29 notice required under subdivision 3 relating to parental rights 172.30 if it finds it is necessary to protect the welfare of a party or 172.31 child. 172.32 Subd. 2. [COPIES OF LAWS AND FORMS.] The district court 172.33 administrator must make copies of the sections referred to in 172.34 subdivision 3 available at no charge and must provide forms to 172.35 request or contest attorney fees and collection costs under 172.36 section 517C.84, and cost-of-living increases under section 173.1 517C.31. 173.2 Subd. 3. [CONTENTS.] The required notices must be 173.3 substantially as follows: 173.4 IMPORTANT NOTICE 173.5 1. PAYMENTS TO PUBLIC AGENCY 173.6 According to Minnesota Statutes, section 517C.35, payments 173.7 ordered for maintenance and support must be paid to the 173.8 public agency responsible for child support enforcement as 173.9 long as the person entitled to receive the payments is 173.10 receiving or has applied for public assistance or has 173.11 applied for support and maintenance collection services. 173.12 MAIL PAYMENTS TO: 173.13 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 173.14 FELONY 173.15 A person may be charged with a felony who conceals a minor 173.16 child or takes, obtains, retains, or fails to return a 173.17 minor child from or to the child's parent (or person with 173.18 custodial or visitation rights), according to Minnesota 173.19 Statutes, section 609.26. A copy of that section is 173.20 available from any district court clerk. 173.21 3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 173.22 A person who fails to pay court-ordered child support or 173.23 maintenance may be charged with a crime, which may include 173.24 misdemeanor, gross misdemeanor, or felony charges, 173.25 according to Minnesota Statutes, section 609.375. A copy 173.26 of that section is available from any district court clerk. 173.27 4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 173.28 (a) Payment of support or spousal maintenance is to be as 173.29 ordered, and the giving of gifts or making purchases of 173.30 food, clothing, and the like will not fulfill the 173.31 obligation. 173.32 (b) Payment of support must be made as it becomes due, and 173.33 failure to secure or denial of parenting time is NOT an 173.34 excuse for nonpayment, but the aggrieved party must seek 173.35 relief through a proper motion filed with the court. 173.36 (c) Nonpayment of support is not grounds to deny parenting 174.1 time. The party entitled to receive support may apply for 174.2 support and collection services, file a contempt motion, or 174.3 obtain a judgment as provided in Minnesota Statutes, 174.4 section 548.091. 174.5 (d) The payment of support or spousal maintenance takes 174.6 priority over payment of debts and other obligations. 174.7 (e) A party who accepts additional obligations of support 174.8 does so with the full knowledge of the party's prior 174.9 obligation under this proceeding. 174.10 (f) Child support or maintenance is based on annual income, 174.11 and it is the responsibility of a person with seasonal 174.12 employment to budget income so that payments are made 174.13 throughout the year as ordered. 174.14 (g) If the obligor is laid off from employment or receives 174.15 a pay reduction, support may be reduced, but only if the 174.16 obligor or public authority serves and files a motion to 174.17 reduce the support with the court. Any reduction will take 174.18 effect only if ordered by the court and may only relate 174.19 back to the time that the obligor files a motion. If the 174.20 obligor or public authority does not file a motion, the 174.21 support obligation will continue at the current level. The 174.22 court is not permitted to reduce support retroactively, 174.23 except as provided in Minnesota Statutes, section 517C.29. 174.24 (h) Reasonable parenting time guidelines are contained in 174.25 Appendix B, which is available from the court administrator. 174.26 (i) The nonpayment of support may be enforced through the 174.27 denial of student grants; interception of state and federal 174.28 tax refunds; suspension of driver's, recreational, and 174.29 occupational licenses; referral to the department of 174.30 revenue or private collection agencies; seizure of assets, 174.31 including bank accounts and other assets held by financial 174.32 institutions; reporting to credit bureaus; interest 174.33 charging, income withholding, and contempt proceedings; and 174.34 other enforcement methods allowed by law. 174.35 5. PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 174.36 Unless otherwise provided by the court: 175.1 (a) Each party has the right of access to, and to receive 175.2 copies of, school, medical, dental, religious training, and 175.3 other important records and information about the minor 175.4 child. Each party has the right of access to information 175.5 regarding health or dental insurance available to the minor 175.6 child. Presentation of a copy of this order to the 175.7 custodian of a record or other information about the minor 175.8 child constitutes sufficient authorization for the release 175.9 of the record or information to the requesting party. 175.10 (b) Each party must keep the other informed as to the name 175.11 and address of the school of attendance of the minor 175.12 child. Each party has the right to be informed by school 175.13 officials about the child's welfare, educational progress 175.14 and status, and to attend school and parent teacher 175.15 conferences. The school is not required to hold a separate 175.16 conference for each party. 175.17 (c) In case of an accident or serious illness of a minor 175.18 child, each party must notify the other party of the 175.19 accident or illness, and the name of the health care 175.20 provider and the place of treatment. 175.21 (d) Each party has the right of reasonable access and 175.22 telephone contact with the minor child. 175.23 6. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 175.24 Child support and/or spousal maintenance may be withheld 175.25 from income, with or without notice to the person obligated 175.26 to pay, when the conditions of Minnesota Statutes, sections 175.27 517C.52 to 517C.62, have been met. A copy of those 175.28 sections is available from any district court clerk. 175.29 7. CHANGE OF ADDRESS OR RESIDENCE 175.30 Unless otherwise ordered, each party must notify the other 175.31 party, the court, and the public authority responsible for 175.32 collection, if applicable, of the following information 175.33 within ten days of any change: the residential and mailing 175.34 address, telephone number, driver's license number, social 175.35 security number, and name, address, and telephone number of 175.36 the employer. 176.1 8. COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 176.2 Child support and/or spousal maintenance may be adjusted 176.3 every two years based upon a change in the cost of living 176.4 (using Department of Labor Consumer Price Index .........., 176.5 unless otherwise specified in this order) when the 176.6 conditions of Minnesota Statutes, section 517C.31, are met. 176.7 Cost-of-living increases are compounded. A copy of 176.8 Minnesota Statutes, section 517C.31, and forms necessary to 176.9 request or contest a cost-of-living increase are available 176.10 from any district court clerk. 176.11 9. JUDGMENTS FOR UNPAID SUPPORT 176.12 If a person fails to make a child support payment, the 176.13 payment owed becomes a judgment against the person 176.14 responsible to make the payment by operation of law on or 176.15 after the date the payment is due, and the person entitled 176.16 to receive the payment or the public agency may obtain 176.17 entry and docketing of the judgment WITHOUT NOTICE to the 176.18 person responsible to make the payment under Minnesota 176.19 Statutes, section 548.091. Interest begins to accrue on a 176.20 payment or installment of child support whenever the unpaid 176.21 amount due is greater than the current support due, 176.22 according to Minnesota Statutes, section 548.091, 176.23 subdivision 1a. 176.24 10. JUDGMENTS FOR UNPAID SPOUSAL MAINTENANCE 176.25 A judgment for unpaid spousal maintenance may be entered 176.26 when the conditions of Minnesota Statutes, section 548.091, 176.27 are met. A copy of that section is available from any 176.28 district court clerk. 176.29 11. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 176.30 SUPPORT 176.31 A judgment for attorney fees and other collection costs 176.32 incurred in enforcing a child support order will be entered 176.33 against the person responsible to pay support when the 176.34 conditions of Minnesota Statutes, section 517C.84, are 176.35 met. A copy of Minnesota Statutes, section 517C.84, and 176.36 forms necessary to request or contest these attorney fees 177.1 and collection costs are available from any district court 177.2 clerk. 177.3 12. PARENTING TIME EXPEDITOR PROCESS 177.4 On request of either party or on its own motion, the court 177.5 may appoint a parenting time expeditor to resolve parenting 177.6 time disputes under Minnesota Statutes, section 517B.26. A 177.7 copy of that section and a description of the expeditor 177.8 process is available from any district court clerk. 177.9 13. PARENTING TIME REMEDIES AND PENALTIES 177.10 Remedies and penalties for the wrongful denial of parenting 177.11 time are available under Minnesota Statutes, section 177.12 517B.25, subdivision 7. These include compensatory 177.13 parenting time, civil penalties, bond requirements, 177.14 contempt, and reversal of custody. A copy of that 177.15 subdivision and forms for requesting relief are available 177.16 from any district court clerk. 177.17 Sec. 75. [APPROPRIATIONS.] 177.18 $....... is appropriated in fiscal year 2004 and $....... 177.19 is appropriated in fiscal year 2005 from the general fund to the 177.20 commissioner of human services to fund implementation of the 177.21 Minnesota Child Support Act and to reimburse counties for their 177.22 implementation costs. The commissioner of human services shall 177.23 devise an equitable system to reimburse counties for their costs 177.24 of implementing the Minnesota Child Support Act. This is a 177.25 onetime appropriation. 177.26 $....... is appropriated in fiscal year 2004 and $....... 177.27 is appropriated in fiscal year 2005 from the general fund to the 177.28 supreme court administrator to fund implementation of the 177.29 Minnesota Child Support Act. This is a onetime appropriation. 177.30 Sec. 76. [REVISOR'S INSTRUCTION.] 177.31 (a) The revisor of statutes must correct internal cross 177.32 references to sections that are now in Minnesota Statutes, 177.33 chapter 517C, throughout Minnesota Statutes and Minnesota Rules. 177.34 (b) If a provision of a section of Minnesota Statutes 177.35 amended by this act is amended by the 2003 regular legislative 177.36 session or 2003 special legislative session, if any, the revisor 178.1 shall codify the amendment consistent with the recodification of 178.2 the affected section by this act, notwithstanding any law to the 178.3 contrary. In sections affected by this instruction, the revisor 178.4 may make changes necessary to correct the punctuation, grammar, 178.5 or structure of the remaining text and preserve its meaning. 178.6 Sec. 77. [REPEALER.] 178.7 Minnesota Statutes 2002, sections 518.111; 518.171; 178.8 518.255; 518.54, subdivisions 2, 4a, 13, and 14; 518.551; 178.9 518.5513; 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 178.10 518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617; 178.11 518.618; 518.6195; 518.6196; and 518.68, are repealed. 178.12 Sec. 78. [EFFECTIVE DATE.] 178.13 This act is effective July 1, 2004.