HF 1260

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; neutralizing certain 
  1.3             terminology; amending Minnesota Statutes 2000, 
  1.4             sections 518.131, subdivision 2; 518.155; 518.171, 
  1.5             subdivisions 1, 4, 5, 6, and 8; 518.175; 518.1751, 
  1.6             subdivision 1b; 518.176, subdivision 1; 518.18; 
  1.7             518.55, subdivision 1; 518.551, subdivisions 5 and 5e; 
  1.8             518.612; and 518.64, subdivision 2. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 518.131, 
  1.11  subdivision 2, is amended to read: 
  1.12     Subd. 2.  [IMPERMISSIBLE ORDERS.] No temporary order shall: 
  1.13     (a) Deny parenting time to a noncustodial parent unless the 
  1.14  court finds that the parenting time by the noncustodial parent 
  1.15  is likely to cause physical or emotional harm to the child; 
  1.16     (b) Exclude a party from the family home of the parties 
  1.17  unless the court finds that physical or emotional harm to one of 
  1.18  the parties or to the children of the parties is likely to 
  1.19  result, or that the exclusion is reasonable in the 
  1.20  circumstances; or 
  1.21     (c) Vacate or modify an order granted under section 
  1.22  518B.01, subdivision 6, paragraph (a), clause (1), restraining 
  1.23  an abusing party from committing acts of domestic abuse, except 
  1.24  that the court may hear a motion for modification of an order 
  1.25  for protection concurrently with a proceeding for dissolution of 
  1.26  marriage upon notice of motion and motion.  The notice required 
  1.27  by court rule shall not be waived.  If the proceedings are 
  2.1   consolidated and the motion to modify is granted, a separate 
  2.2   order for modification of an order for protection shall be 
  2.3   issued. 
  2.4      Sec. 2.  Minnesota Statutes 2000, section 518.155, is 
  2.5   amended to read: 
  2.6      518.155 [CUSTODY DETERMINATIONS.] 
  2.7      Notwithstanding any law to the contrary, a court in which a 
  2.8   proceeding for dissolution, legal separation, or child custody 
  2.9   has been commenced shall not issue, revise, modify or amend any 
  2.10  order, pursuant to sections 518.131, 518.165, 518.168, 518.17, 
  2.11  518.175 or 518.18, which affects the custody of a minor child or 
  2.12  the parenting time of a noncustodial parent unless the court has 
  2.13  jurisdiction over the matter pursuant to the provisions of 
  2.14  chapter 518D. 
  2.15     Sec. 3.  Minnesota Statutes 2000, section 518.171, 
  2.16  subdivision 1, is amended to read: 
  2.17     Subdivision 1.  [ORDER.] Compliance with this section 
  2.18  constitutes compliance with a qualified medical child support 
  2.19  order as described in the federal Employee Retirement Income 
  2.20  Security Act of 1974 (ERISA) as amended by the federal Omnibus 
  2.21  Budget Reconciliation Act of 1993 (OBRA).  
  2.22     (a) Every child support order must: 
  2.23     (1) expressly assign or reserve the responsibility for 
  2.24  maintaining medical insurance for the minor children and the 
  2.25  division of uninsured medical and dental costs; and 
  2.26     (2) contain the names, last known addresses, and social 
  2.27  security number numbers of the custodial parent and noncustodial 
  2.28  parent, parents of the dependents unless the court prohibits the 
  2.29  inclusion of an address or social security number and orders the 
  2.30  custodial parent parents to provide the address their addresses 
  2.31  and social security number numbers to the administrator of the 
  2.32  health plan.  The court shall order the party parent with the 
  2.33  better group dependent health and dental insurance coverage or 
  2.34  health insurance plan to name the minor child as beneficiary on 
  2.35  any health and dental insurance plan that is available to 
  2.36  the party parent on: 
  3.1      (i) a group basis; 
  3.2      (ii) through an employer or union; or 
  3.3      (iii) through a group health plan governed under the ERISA 
  3.4   and included within the definitions relating to health plans 
  3.5   found in section 62A.011, 62A.048, or 62E.06, subdivision 2.  
  3.6   "Health insurance" or "health insurance coverage" as used in 
  3.7   this section means coverage that is comparable to or better than 
  3.8   a number two qualified plan as defined in section 62E.06, 
  3.9   subdivision 2.  "Health insurance" or "health insurance 
  3.10  coverage" as used in this section does not include medical 
  3.11  assistance provided under chapter 256, 256B, 256J, 256K, or 256D.
  3.12     (b) If the court finds that dependent health or dental 
  3.13  insurance is not available to the obligor or obligee on a group 
  3.14  basis or through an employer or union, or that group insurance 
  3.15  is not accessible to the obligee, the court may require the 
  3.16  obligor (1) to obtain other dependent health or dental 
  3.17  insurance, (2) to be liable for reasonable and necessary medical 
  3.18  or dental expenses of the child, or (3) to pay no less than $50 
  3.19  per month to be applied to the medical and dental expenses of 
  3.20  the children or to the cost of health insurance dependent 
  3.21  coverage. 
  3.22     (c) If the court finds that the available dependent health 
  3.23  or dental insurance does not pay all the reasonable and 
  3.24  necessary medical or dental expenses of the child, including any 
  3.25  existing or anticipated extraordinary medical expenses, and the 
  3.26  court finds that the obligor has the financial ability to 
  3.27  contribute to the payment of these medical or dental expenses, 
  3.28  the court shall require the obligor to be liable for all or a 
  3.29  portion of the medical or dental expenses of the child not 
  3.30  covered by the required health or dental plan.  Medical and 
  3.31  dental expenses include, but are not limited to, necessary 
  3.32  orthodontia and eye care, including prescription lenses. 
  3.33     (d) Unless otherwise agreed by the parties and approved by 
  3.34  the court, if the court finds that the obligee is not receiving 
  3.35  public assistance for the child and has the financial ability to 
  3.36  contribute to the cost of medical and dental expenses for the 
  4.1   child, including the cost of insurance, the court shall order 
  4.2   the obligee and obligor to each assume a portion of these 
  4.3   expenses based on their proportionate share of their total net 
  4.4   income as defined in section 518.54, subdivision 6. 
  4.5      (e) Payments ordered under this section are subject to 
  4.6   section 518.6111.  An obligee who fails to apply payments 
  4.7   received to the medical expenses of the dependents may be found 
  4.8   in contempt of this order. 
  4.9      Sec. 4.  Minnesota Statutes 2000, section 518.171, 
  4.10  subdivision 4, is amended to read: 
  4.11     Subd. 4.  [EFFECT OF ORDER.] (a) The order is binding on 
  4.12  the employer or union and the health and dental insurance plan 
  4.13  when service under subdivision 3 has been made.  In the case of 
  4.14  an obligor who changes employment and is required to provide 
  4.15  health coverage for the child, a new employer that provides 
  4.16  health care coverage shall enroll the child in the obligor's 
  4.17  health plan upon receipt of an order or notice for health 
  4.18  insurance, unless the obligor contests the enrollment.  The 
  4.19  obligor may contest the enrollment on the limited grounds that 
  4.20  the enrollment is improper due to mistake of fact or that the 
  4.21  enrollment meets the requirements of section 518.64, subdivision 
  4.22  2.  If the obligor chooses to contest the enrollment, the 
  4.23  obligor must do so no later than 15 days after the employer 
  4.24  notifies the obligor of the enrollment, by doing all of the 
  4.25  following: 
  4.26     (1) filing a request for contested hearing according to 
  4.27  section 484.702; 
  4.28     (2) serving a copy of the request for contested hearing 
  4.29  upon the public authority and the obligee; and 
  4.30     (3) securing a date for the contested hearing no later than 
  4.31  45 days after the notice of enrollment. 
  4.32     (b) The enrollment must remain in place during the time 
  4.33  period in which the obligor contests the withholding. 
  4.34  An employer or union that is included under ERISA may not deny 
  4.35  enrollment based on exclusionary clauses described in section 
  4.36  62A.048.  Upon application of the obligor according to the order 
  5.1   or notice, the employer or union and its health and dental 
  5.2   insurance plan shall enroll the minor child as a beneficiary in 
  5.3   the group insurance plan and withhold any required premium from 
  5.4   the obligor's income or wages.  If more than one plan is offered 
  5.5   by the employer or union, the child shall be enrolled in the 
  5.6   least costly health insurance plan otherwise available to the 
  5.7   obligor that is comparable to a number two qualified plan.  If 
  5.8   the obligor is not enrolled in a health insurance plan, the 
  5.9   employer or union shall also enroll the obligor in the chosen 
  5.10  plan if enrollment of the obligor is necessary in order to 
  5.11  obtain dependent coverage under the plan.  Enrollment of 
  5.12  dependents and the obligor shall be immediate and not dependent 
  5.13  upon open enrollment periods.  Enrollment is not subject to the 
  5.14  underwriting policies described in section 62A.048.  
  5.15     (c) An employer or union that willfully fails to comply 
  5.16  with the order is liable for any health or dental expenses 
  5.17  incurred by the dependents during the period of time the 
  5.18  dependents were eligible to be enrolled in the insurance 
  5.19  program, and for any other premium costs incurred because the 
  5.20  employer or union willfully failed to comply with the order.  An 
  5.21  employer or union that fails to comply with the order is subject 
  5.22  to contempt under section 518.615 and is also subject to a fine 
  5.23  of $500 to be paid to the obligee or public authority.  Fines 
  5.24  paid to the public authority are designated for child support 
  5.25  enforcement services. 
  5.26     (d) Failure of the obligor to execute any documents 
  5.27  necessary to enroll the dependent in the group health and dental 
  5.28  insurance plan will not affect the obligation of the employer or 
  5.29  union and group health and dental insurance plan to enroll the 
  5.30  dependent in a plan.  Information and authorization provided by 
  5.31  the public authority responsible for child support enforcement, 
  5.32  or by the custodial parent obligee or guardian, is valid for the 
  5.33  purposes of meeting enrollment requirements of the health plan.  
  5.34  The insurance coverage for a child eligible under subdivision 5 
  5.35  shall not be terminated except as authorized in subdivision 5. 
  5.36     Sec. 5.  Minnesota Statutes 2000, section 518.171, 
  6.1   subdivision 5, is amended to read: 
  6.2      Subd. 5.  [ELIGIBLE CHILD.] A minor child that an obligor 
  6.3   is required to cover as a beneficiary pursuant to this section 
  6.4   is eligible for insurance coverage as a dependent of the obligor 
  6.5   until the child is emancipated or until further order of the 
  6.6   court.  The health or dental insurance carrier or employer may 
  6.7   not disenroll or eliminate coverage of the child unless the 
  6.8   health or dental insurance carrier or employer is provided 
  6.9   satisfactory written evidence that the court order is no longer 
  6.10  in effect, or the child is or will be enrolled in comparable 
  6.11  health coverage through another health or dental insurance plan 
  6.12  that will take effect no later than the effective date of the 
  6.13  disenrollment, or the employer has eliminated family health and 
  6.14  dental coverage for all of its employees, or that the required 
  6.15  premium has not been paid by or on behalf of the child.  If 
  6.16  disenrollment or elimination of coverage of a child under this 
  6.17  subdivision is based upon nonpayment of premium, the health or 
  6.18  dental insurance plan must provide 30 days' written notice to 
  6.19  the child's nonobligor parent obligee prior to the disenrollment 
  6.20  or elimination of coverage. 
  6.21     Sec. 6.  Minnesota Statutes 2000, section 518.171, 
  6.22  subdivision 6, is amended to read: 
  6.23     Subd. 6.  [PLAN REIMBURSEMENT; CORRESPONDENCE AND NOTICE.] 
  6.24  (a) The signature of the custodial either parent of the insured 
  6.25  dependent is a valid authorization to a health or dental 
  6.26  insurance plan for purposes of processing an insurance 
  6.27  reimbursement payment to the provider of the medical services or 
  6.28  to the custodial parent if who has prepaid for the medical 
  6.29  services have been prepaid by the custodial parent. 
  6.30     (b) The health or dental insurance plan shall send copies 
  6.31  of all correspondence regarding the insurance coverage to both 
  6.32  parents.  When an order for dependent insurance coverage is in 
  6.33  effect and the obligor's employment is terminated, or the 
  6.34  insurance coverage is terminated, the health or dental insurance 
  6.35  plan shall notify the obligee within ten days of the termination 
  6.36  date with notice of conversion privileges. 
  7.1      Sec. 7.  Minnesota Statutes 2000, section 518.171, 
  7.2   subdivision 8, is amended to read: 
  7.3      Subd. 8.  [OBLIGOR LIABILITY.] (a) An obligor who fails to 
  7.4   maintain medical or dental insurance for the benefit of the 
  7.5   children as ordered or fails to provide other medical support as 
  7.6   ordered is liable to the obligee for any medical or dental 
  7.7   expenses incurred from the effective date of the court order, 
  7.8   including health and dental insurance premiums paid by the 
  7.9   obligee because of the obligor's failure to obtain coverage as 
  7.10  ordered.  Proof of failure to maintain insurance or 
  7.11  noncompliance with an order to provide other medical support 
  7.12  constitutes a showing of increased need by the obligee pursuant 
  7.13  to section 518.64 and provides a basis for a modification of the 
  7.14  obligor's child support order. 
  7.15     (b) Payments for services rendered to the dependents that 
  7.16  are directed to the obligor, in the form of reimbursement by the 
  7.17  health or dental insurance carrier or employer, must be endorsed 
  7.18  over to and forwarded to the vendor or custodial parent obligee 
  7.19  or public authority when the reimbursement is not owed to the 
  7.20  obligor.  An obligor retaining insurance reimbursement not owed 
  7.21  to the obligor may be found in contempt of this order and held 
  7.22  liable for the amount of the reimbursement.  Upon written 
  7.23  verification by the health or dental insurance carrier or 
  7.24  employer of the amounts paid to the obligor, the reimbursement 
  7.25  amount is subject to all enforcement remedies available under 
  7.26  subdivision 10, including income withholding pursuant to section 
  7.27  518.6111.  The monthly amount to be withheld until the 
  7.28  obligation is satisfied is 20 percent of the original debt or 
  7.29  $50, whichever is greater. 
  7.30     Sec. 8.  Minnesota Statutes 2000, section 518.175, is 
  7.31  amended to read: 
  7.32     518.175 [VISITATION OF CHILDREN AND NONCUSTODIAL 
  7.33  PARENT PARENTING TIME.] 
  7.34     Subdivision 1.  [GENERAL.] (a) In all proceedings for 
  7.35  dissolution or legal separation, subsequent to the commencement 
  7.36  of the proceeding and continuing thereafter during the minority 
  8.1   of the child, the court shall, upon the request of either 
  8.2   parent, grant such parenting time on behalf of the child and 
  8.3   noncustodial a parent as will enable the child and the 
  8.4   noncustodial parent to maintain a child to parent relationship 
  8.5   that will be in the best interests of the child. 
  8.6      If the court finds, after a hearing, that parenting 
  8.7   time with a parent is likely to endanger the child's physical or 
  8.8   emotional health or impair the child's emotional development, 
  8.9   the court shall restrict parenting time with the noncustodial 
  8.10  that parent as to time, place, duration, or supervision and may 
  8.11  deny parenting time entirely, as the circumstances warrant.  The 
  8.12  court shall consider the age of the child and the child's 
  8.13  relationship with the noncustodial parent prior to the 
  8.14  commencement of the proceeding. 
  8.15     A parent's failure to pay support because of the parent's 
  8.16  inability to do so shall not be sufficient cause for denial of 
  8.17  parenting time. 
  8.18     (b) The court may provide that a law enforcement officer or 
  8.19  other appropriate person will accompany a party seeking to 
  8.20  enforce or comply with parenting time. 
  8.21     (c) Upon request of either party, to the extent practicable 
  8.22  an order for parenting time must include a specific schedule for 
  8.23  parenting time, including the frequency and duration of 
  8.24  visitation and visitation during holidays and vacations, unless 
  8.25  parenting time is restricted, denied, or reserved. 
  8.26     (d) The court administrator shall provide a form for a pro 
  8.27  se motion regarding parenting time disputes, which includes 
  8.28  provisions for indicating the relief requested, an affidavit in 
  8.29  which the party may state the facts of the dispute, and a brief 
  8.30  description of the parenting time expeditor process under 
  8.31  section 518.1751.  The form may not include a request for a 
  8.32  change of custody.  The court shall provide instructions on 
  8.33  serving and filing the motion. 
  8.34     Subd. 1a.  [DOMESTIC ABUSE; SUPERVISED PARENTING TIME.] (a) 
  8.35  If a custodial parent requests supervised parenting time under 
  8.36  subdivision 1 or 5 and an order for protection under chapter 
  9.1   518B or a similar law of another state is in effect against 
  9.2   the noncustodial other parent to protect the custodial parent 
  9.3   with whom the child resides or the child, the judge or judicial 
  9.4   officer must consider the order for protection in making a 
  9.5   decision regarding parenting time. 
  9.6      (b) The state court administrator, in consultation with 
  9.7   representatives of custodial and noncustodial parents and other 
  9.8   interested persons, shall develop standards to be met by persons 
  9.9   who are responsible for supervising parenting time.  Either 
  9.10  parent may challenge the appropriateness of an individual chosen 
  9.11  by the court to supervise parenting time. 
  9.12     Subd. 2.  [RIGHTS OF CHILDREN AND NONCUSTODIAL PARENT 
  9.13  PARENTS.] Upon the request of either parent, the court may 
  9.14  inform any child of the parties, if eight years of age or older, 
  9.15  or otherwise of an age of suitable comprehension, of the rights 
  9.16  of the child and the noncustodial each parent under the order or 
  9.17  decree or any substantial amendment thereof.  The custodial 
  9.18  parent with whom the child resides shall present the child for 
  9.19  parenting time with the noncustodial other parent, at such times 
  9.20  as the court directs. 
  9.21     Subd. 3.  [MOVE TO ANOTHER STATE.] The custodial parent 
  9.22  shall not move the residence of the child to another state 
  9.23  except upon order of the court or with the consent of the 
  9.24  noncustodial other parent, when if the noncustodial other 
  9.25  parent has been given parenting time by the decree.  If the 
  9.26  purpose of the move is to interfere with parenting time given to 
  9.27  the noncustodial other parent by the decree, the court shall not 
  9.28  permit the child's residence to be moved to another state. 
  9.29     Subd. 5.  [MODIFICATION OF PARENTING PLAN OR ORDER FOR 
  9.30  PARENTING TIME.] If modification would serve the best interests 
  9.31  of the child, the court shall modify the decision-making 
  9.32  provisions of a parenting plan or an order granting or denying 
  9.33  parenting time, if the modification would not change the child's 
  9.34  primary residence.  Except as provided in section 631.52, the 
  9.35  court may not restrict parenting time unless it finds that:  
  9.36     (1) parenting time is likely to endanger the child's 
 10.1   physical or emotional health or impair the child's emotional 
 10.2   development; or 
 10.3      (2) the noncustodial parent has chronically and 
 10.4   unreasonably failed to comply with court-ordered parenting time. 
 10.5      If the custodial a parent makes specific allegations that 
 10.6   parenting time by the other parent places the custodial parent 
 10.7   or child in danger of harm, the court shall hold a hearing at 
 10.8   the earliest possible time to determine the need to modify the 
 10.9   order granting parenting time.  Consistent with subdivision 1a, 
 10.10  the court may require a third party, including the local social 
 10.11  services agency, to supervise the parenting time or may restrict 
 10.12  a parent's parenting time if necessary to protect the 
 10.13  custodial other parent or child from harm.  In addition, If 
 10.14  there is an existing order for protection governing the parties, 
 10.15  the court shall consider the use of an independent, neutral 
 10.16  exchange location for parenting time. 
 10.17     Subd. 6.  [REMEDIES.] (a) The court may provide for one or 
 10.18  more of the following remedies for denial of or interference 
 10.19  with court-ordered parenting time as provided under this 
 10.20  subdivision.  All parenting time orders must include notice of 
 10.21  the provisions of this subdivision. 
 10.22     (b) If the court finds that a person has been deprived of 
 10.23  court-ordered parenting time, the court shall order the 
 10.24  custodial parent who has interfered to permit additional allow 
 10.25  compensatory parenting time to compensate for the parenting time 
 10.26  of which the person was deprived the other parent or the court 
 10.27  shall make specific findings as to why a request for 
 10.28  compensatory parenting time is denied.  If compensatory 
 10.29  parenting time is awarded, additional parenting time must be: 
 10.30     (1) at least of the same type and duration as the deprived 
 10.31  parenting time and, at the discretion of the court, may be in 
 10.32  excess of or of a different type than the deprived parenting 
 10.33  time; 
 10.34     (2) taken within one year after the deprived parenting 
 10.35  time; and 
 10.36     (3) at a time acceptable to the person deprived of 
 11.1   parenting time. 
 11.2      (c) If the court finds that a party has wrongfully failed 
 11.3   to comply with a parenting time order or a binding agreement or 
 11.4   decision under section 518.1751, the court may: 
 11.5      (1) impose a civil penalty of up to $500 on the party; 
 11.6      (2) require the party to post a bond with the court for a 
 11.7   specified period of time to secure the party's compliance; 
 11.8      (3) award reasonable attorney's fees and costs; 
 11.9      (4) require the party who violated the parenting time order 
 11.10  or binding agreement or decision of the parenting time expeditor 
 11.11  to reimburse the other party for costs incurred as a result of 
 11.12  the violation of the order or agreement or decision; or 
 11.13     (5) award any other remedy that the court finds to be in 
 11.14  the best interests of the children involved. 
 11.15     A civil penalty imposed under this paragraph must be 
 11.16  deposited in the county general fund and must be used to fund 
 11.17  the costs of a parenting time expeditor program in a county with 
 11.18  this program.  In other counties, the civil penalty must be 
 11.19  deposited in the state general fund. 
 11.20     (d) If the court finds that a party has been denied 
 11.21  parenting time and has incurred expenses in connection with the 
 11.22  denied parenting time, the court may require the party who 
 11.23  denied parenting time to post a bond in favor of the other party 
 11.24  in the amount of prepaid expenses associated with upcoming 
 11.25  planned parenting time. 
 11.26     (e) Proof of an unwarranted denial of or interference with 
 11.27  duly established parenting time may constitute contempt of court 
 11.28  and may be sufficient cause for reversal of custody. 
 11.29     Subd. 7.  [GRANDPARENT VISITATION.] In all proceedings for 
 11.30  dissolution or legal separation, after the commencement of the 
 11.31  proceeding or at any time after completion of the proceedings, 
 11.32  and continuing during the minority of the child, the court may 
 11.33  make an order granting visitation rights to grandparents under 
 11.34  section 257.022, subdivision 2. 
 11.35     Subd. 8.  [ADDITIONAL PARENTING TIME FOR CHILD CARE OF 
 11.36  CHILD BY NONCUSTODIAL PARENT.] The court may allow additional 
 12.1   parenting time to the noncustodial a parent to provide child 
 12.2   care while the custodial other parent is working if this 
 12.3   arrangement is reasonable and in the best interests of the 
 12.4   child, as defined in section 518.17, subdivision 1.  In 
 12.5   addition, the court shall consider: 
 12.6      (1) the ability of the parents to cooperate; 
 12.7      (2) methods for resolving disputes regarding the care of 
 12.8   the child, and the parents' willingness to use those methods; 
 12.9   and 
 12.10     (3) whether domestic abuse, as defined in section 518B.01, 
 12.11  has occurred between the parties. 
 12.12     Sec. 9.  Minnesota Statutes 2000, section 518.1751, 
 12.13  subdivision 1b, is amended to read: 
 12.14     Subd. 1b.  [PURPOSE; DEFINITIONS.] (a) The purpose of a 
 12.15  parenting time expeditor is to resolve parenting time disputes 
 12.16  by enforcing, interpreting, clarifying, and addressing 
 12.17  circumstances not specifically addressed by an existing 
 12.18  parenting time order and, if appropriate, to make a 
 12.19  determination as to whether the existing parenting time order 
 12.20  has been violated.  A parenting time expeditor may be appointed 
 12.21  to resolve a one-time parenting time dispute or to provide 
 12.22  ongoing parenting time dispute resolution services. 
 12.23     (b) For purposes of this section, "parenting time dispute" 
 12.24  means a disagreement among parties about parenting time with a 
 12.25  child, including a dispute about an anticipated denial of future 
 12.26  scheduled parenting time.  "Parenting time dispute" includes a 
 12.27  claim by a custodial parent that a noncustodial the other parent 
 12.28  is not spending time with a child as well as a claim by 
 12.29  a noncustodial parent that a custodial the other parent is 
 12.30  denying or interfering with parenting time. 
 12.31     (c) A "parenting time expeditor" is a neutral person 
 12.32  authorized to use a mediation-arbitration process to resolve 
 12.33  parenting time disputes.  A parenting time expeditor shall 
 12.34  attempt to resolve a parenting time dispute by facilitating 
 12.35  negotiations between the parties to promote settlement and, if 
 12.36  it becomes apparent that the dispute cannot be resolved by an 
 13.1   agreement of the parties, the parenting time expeditor shall 
 13.2   make a decision resolving the dispute. 
 13.3      Sec. 10.  Minnesota Statutes 2000, section 518.176, 
 13.4   subdivision 1, is amended to read: 
 13.5      Subdivision 1.  [LIMITS ON CUSTODIAN'S AUTHORITY; HEARING.] 
 13.6   Except as otherwise agreed by the parties in writing at the time 
 13.7   of the custody order, the custodian may determine the child's 
 13.8   upbringing, including education, health care, and religious 
 13.9   training, unless the court after hearing, finds, upon motion by 
 13.10  the noncustodial other parent, that in the absence of a specific 
 13.11  limitation of the custodian's authority, the child's physical or 
 13.12  emotional health is likely to be endangered or the child's 
 13.13  emotional development impaired. 
 13.14     Sec. 11.  Minnesota Statutes 2000, section 518.18, is 
 13.15  amended to read: 
 13.16     518.18 [MODIFICATION OF ORDER.] 
 13.17     (a) Unless agreed to in writing by the parties, no motion 
 13.18  to modify a custody order or parenting plan may be made earlier 
 13.19  than one year after the date of the entry of a decree of 
 13.20  dissolution or legal separation containing a provision dealing 
 13.21  with custody, except in accordance with paragraph (c). 
 13.22     (b) If a motion for modification has been heard, whether or 
 13.23  not it was granted, unless agreed to in writing by the parties 
 13.24  no subsequent motion may be filed within two years after 
 13.25  disposition of the prior motion on its merits, except in 
 13.26  accordance with paragraph (c). 
 13.27     (c) The time limitations prescribed in paragraphs (a) and 
 13.28  (b) shall not prohibit a motion to modify a custody order or 
 13.29  parenting plan if the court finds that there is persistent and 
 13.30  willful denial or interference with parenting time, or has 
 13.31  reason to believe that the child's present environment may 
 13.32  endanger the child's physical or emotional health or impair the 
 13.33  child's emotional development. 
 13.34     (d) If the court has jurisdiction to determine child 
 13.35  custody matters, the court shall not modify a prior custody 
 13.36  order or a parenting plan provision which specifies the child's 
 14.1   primary residence unless it finds, upon the basis of facts, 
 14.2   including unwarranted denial of, or interference with, a duly 
 14.3   established parenting time schedule, that have arisen since the 
 14.4   prior order or that were unknown to the court at the time of the 
 14.5   prior order, that a change has occurred in the circumstances of 
 14.6   the child or the parties and that the modification is necessary 
 14.7   to serve the best interests of the child.  In applying these 
 14.8   standards the court shall retain the custody arrangement or the 
 14.9   parenting plan provision specifying the child's primary 
 14.10  residence that was established by the prior order unless: 
 14.11     (i) the court finds that a change in the custody 
 14.12  arrangement or primary residence is in the best interests of the 
 14.13  child and the parties previously agreed, in a writing approved 
 14.14  by a court, to apply the best interests standard in section 
 14.15  518.17 or 257.025, as applicable; and, with respect to 
 14.16  agreements approved by a court on or after April 28, 2000, both 
 14.17  parties were represented by counsel when the agreement was 
 14.18  approved or the court found the parties were fully informed, the 
 14.19  agreement was voluntary, and the parties were aware of its 
 14.20  implications; 
 14.21     (ii) both parties agree to the modification; 
 14.22     (iii) the child has been integrated into the family of the 
 14.23  petitioner with the consent of the other party; or 
 14.24     (iv) the child's present environment endangers the child's 
 14.25  physical or emotional health or impairs the child's emotional 
 14.26  development and the harm likely to be caused by a change of 
 14.27  environment is outweighed by the advantage of a change to the 
 14.28  child.  
 14.29     In addition, a court may modify a custody order or 
 14.30  parenting plan under section 631.52.  
 14.31     (e) In deciding whether to modify a prior joint custody 
 14.32  order, the court shall apply the standards set forth in 
 14.33  paragraph (d) unless:  (1) the parties agree in writing to the 
 14.34  application of a different standard, or (2) the party seeking 
 14.35  the modification is asking the court for permission to move the 
 14.36  residence of the child to another state. 
 15.1      (f) If a custodial parent has been granted sole physical 
 15.2   custody of a minor and the child subsequently lives with the 
 15.3   noncustodial other parent, and temporary sole physical custody 
 15.4   has been approved by the court or by a court-appointed referee, 
 15.5   the court may suspend the noncustodial parent's obligor's child 
 15.6   support obligation pending the final custody determination.  The 
 15.7   court's order denying the suspension of child support must 
 15.8   include a written explanation of the reasons why continuation of 
 15.9   the child support obligation would be in the best interests of 
 15.10  the child. 
 15.11     Sec. 12.  Minnesota Statutes 2000, section 518.55, 
 15.12  subdivision 1, is amended to read: 
 15.13     Subdivision 1.  [CONTENTS OF ORDER.] Every award of 
 15.14  maintenance or support money in a judgment of dissolution or 
 15.15  legal separation shall clearly designate whether the same is 
 15.16  maintenance or support money, or what part of the award is 
 15.17  maintenance and what part is support money.  An award of 
 15.18  payments from future income or earnings of the custodial parent 
 15.19  with whom the child resides is presumed to be maintenance and an 
 15.20  award of payments from the future income or earnings of 
 15.21  the noncustodial parent with whom the child does not reside is 
 15.22  presumed to be support money, unless otherwise designated by the 
 15.23  court.  In a judgment of dissolution or legal separation the 
 15.24  court may determine, as one of the issues of the case, whether 
 15.25  or not either spouse is entitled to an award of maintenance 
 15.26  notwithstanding that no award is then made, or it may reserve 
 15.27  jurisdiction of the issue of maintenance for determination at a 
 15.28  later date. 
 15.29     Sec. 13.  Minnesota Statutes 2000, section 518.551, 
 15.30  subdivision 5, is amended to read: 
 15.31     Subd. 5.  [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 
 15.32  petitioner shall notify the public authority of all proceedings 
 15.33  for dissolution, legal separation, determination of parentage or 
 15.34  for the custody of a child, if either party is receiving public 
 15.35  assistance or applies for it subsequent to the commencement of 
 15.36  the proceeding.  The notice must contain the full names of the 
 16.1   parties to the proceeding, their social security account 
 16.2   numbers, and their birth dates.  After receipt of the notice, 
 16.3   the court shall set child support as provided in this 
 16.4   subdivision.  The court may order either or both parents owing a 
 16.5   duty of support to a child of the marriage to pay an amount 
 16.6   reasonable or necessary for the child's support, without regard 
 16.7   to marital misconduct.  The court shall approve a child support 
 16.8   stipulation of the parties if each party is represented by 
 16.9   independent counsel, unless the stipulation does not meet the 
 16.10  conditions of paragraph (i).  In other cases the court shall 
 16.11  determine and order child support in a specific dollar amount in 
 16.12  accordance with the guidelines and the other factors set forth 
 16.13  in paragraph (c) and any departure therefrom.  The court may 
 16.14  also order the obligor to pay child support in the form of a 
 16.15  percentage share of the obligor's net bonuses, commissions, or 
 16.16  other forms of compensation, in addition to, or if the obligor 
 16.17  receives no base pay, in lieu of, an order for a specific dollar 
 16.18  amount. 
 16.19     (b) The court shall derive a specific dollar amount for 
 16.20  child support by multiplying the obligor's net income by the 
 16.21  percentage indicated by the following guidelines:  
 16.22  Net Income Per            Number of Children 
 16.23  Month of Obligor 
 16.24                1     2     3     4     5     6    7 or 
 16.25                                                   more 
 16.26  $550 and Below     Order based on the ability of the 
 16.27                     obligor to provide support  
 16.28                     at these income levels, or at higher  
 16.29                     levels, if the obligor has 
 16.30                     the earning ability. 
 16.31  $551 - 600   16%   19%   22%   25%   28%   30%   32% 
 16.32  $601 - 650   17%   21%   24%   27%   29%   32%   34% 
 16.33  $651 - 700   18%   22%   25%   28%   31%   34%   36% 
 16.34  $701 - 750   19%   23%   27%   30%   33%   36%   38% 
 16.35  $751 - 800   20%   24%   28%   31%   35%   38%   40% 
 16.36  $801 - 850   21%   25%   29%   33%   36%   40%   42% 
 17.1   $851 - 900   22%   27%   31%   34%   38%   41%   44% 
 17.2   $901 - 950   23%   28%   32%   36%   40%   43%   46% 
 17.3   $951 - 1000  24%   29%   34%   38%   41%   45%   48% 
 17.4   $1001- 5000  25%   30%   35%   39%   43%   47%   50% 
 17.5   or the amount 
 17.6   in effect under
 17.7   paragraph (k)
 17.8      Guidelines for support for an obligor with a monthly income 
 17.9   in excess of the income limit currently in effect under 
 17.10  paragraph (k) shall be the same dollar amounts as provided for 
 17.11  in the guidelines for an obligor with a monthly income equal to 
 17.12  the limit in effect. 
 17.13  Net Income defined as: 
 17.14           
 17.15           Total monthly 
 17.16           income less           *(i) Federal Income Tax 
 17.17                                *(ii) State Income Tax 
 17.18                                (iii) Social Security
 17.19                                       Deductions 
 17.20                                 (iv) Reasonable
 17.21                                       Pension Deductions
 17.22           *Standard 
 17.23           Deductions apply-      (v) Union Dues 
 17.24           use of tax tables     (vi) Cost of Dependent Health
 17.25           recommended                 Insurance Coverage  
 17.26                                (vii) Cost of Individual or Group
 17.27                                       Health/Hospitalization
 17.28                                       Coverage or an        
 17.29                                       Amount for Actual 
 17.30                                       Medical Expenses   
 17.31                               (viii) A Child Support or  
 17.32                                       Maintenance Order that is
 17.33                                       Currently Being Paid. 
 17.34     "Net income" does not include: 
 17.35     (1) the income of the obligor's spouse, but does include 
 17.36  in-kind payments received by the obligor in the course of 
 18.1   employment, self-employment, or operation of a business if the 
 18.2   payments reduce the obligor's living expenses; or 
 18.3      (2) compensation received by a party for employment in 
 18.4   excess of a 40-hour work week, provided that: 
 18.5      (i) support is nonetheless ordered in an amount at least 
 18.6   equal to the guidelines amount based on income not excluded 
 18.7   under this clause; and 
 18.8      (ii) the party demonstrates, and the court finds, that: 
 18.9      (A) the excess employment began after the filing of the 
 18.10  petition for dissolution; 
 18.11     (B) the excess employment reflects an increase in the work 
 18.12  schedule or hours worked over that of the two years immediately 
 18.13  preceding the filing of the petition; 
 18.14     (C) the excess employment is voluntary and not a condition 
 18.15  of employment; 
 18.16     (D) the excess employment is in the nature of additional, 
 18.17  part-time or overtime employment compensable by the hour or 
 18.18  fraction of an hour; and 
 18.19     (E) the party's compensation structure has not been changed 
 18.20  for the purpose of affecting a support or maintenance obligation.
 18.21     The court shall review the work-related and 
 18.22  education-related child care costs paid and shall allocate the 
 18.23  costs to each parent in proportion to each parent's net income, 
 18.24  as determined under this subdivision, after the transfer of 
 18.25  child support and spousal maintenance, unless the allocation 
 18.26  would be substantially unfair to either parent.  There is a 
 18.27  presumption of substantial unfairness if after the sum total of 
 18.28  child support, spousal maintenance, and child care costs is 
 18.29  subtracted from the noncustodial parent's obligor's income, the 
 18.30  income is at or below 100 percent of the federal poverty 
 18.31  guidelines.  The cost of child care for purposes of this 
 18.32  paragraph is 75 percent of the actual cost paid for child care, 
 18.33  to reflect the approximate value of state and federal tax 
 18.34  credits available to the custodial parent obligee.  The actual 
 18.35  cost paid for child care is the total amount received by the 
 18.36  child care provider for the child or children of the obligor 
 19.1   from the obligee or any public agency.  The court shall require 
 19.2   verification of employment or school attendance and 
 19.3   documentation of child care expenses from the obligee and the 
 19.4   public agency, if applicable.  If child care expenses fluctuate 
 19.5   during the year because of seasonal employment or school 
 19.6   attendance of the obligee or extended periods of parenting time 
 19.7   with the obligor, the court shall determine child care expenses 
 19.8   based on an average monthly cost.  The amount allocated for 
 19.9   child care expenses is considered child support but is not 
 19.10  subject to a cost-of-living adjustment under section 518.641.  
 19.11  The amount allocated for child care expenses terminates when 
 19.12  either party notifies the public authority that the child care 
 19.13  costs have ended and without any legal action on the part of 
 19.14  either party.  The public authority shall verify the information 
 19.15  received under this provision before authorizing termination.  
 19.16  The termination is effective as of the date of the 
 19.17  notification.  In other cases where there is a substantial 
 19.18  increase or decrease in child care expenses, the parties may 
 19.19  modify the order under section 518.64. 
 19.20     The court may allow the noncustodial obligor parent to care 
 19.21  for the child while the custodial obligee parent is working, as 
 19.22  provided in section 518.175, subdivision 8.  Allowing the 
 19.23  noncustodial parent to care for the child under section 518.175, 
 19.24  subdivision 8, but this is not a reason to deviate from the 
 19.25  guidelines. 
 19.26     (c) In addition to the child support guidelines, the court 
 19.27  shall take into consideration the following factors in setting 
 19.28  or modifying child support or in determining whether to deviate 
 19.29  from the guidelines: 
 19.30     (1) all earnings, income, and resources of the parents, 
 19.31  including real and personal property, but excluding income from 
 19.32  excess employment of the obligor or obligee that meets the 
 19.33  criteria of paragraph (b), clause (2)(ii); 
 19.34     (2) the financial needs and resources, physical and 
 19.35  emotional condition, and educational needs of the child or 
 19.36  children to be supported; 
 20.1      (3) the standard of living the child would have enjoyed had 
 20.2   the marriage not been dissolved, but recognizing that the 
 20.3   parents now have separate households; 
 20.4      (4) which parent receives the income taxation dependency 
 20.5   exemption and what financial benefit the parent receives from 
 20.6   it; 
 20.7      (5) the parents' debts as provided in paragraph (d); and 
 20.8      (6) the obligor's receipt of public assistance under the 
 20.9   AFDC program formerly codified under sections 256.72 to 256.82 
 20.10  or 256B.01 to 256B.40 and chapter 256J or 256K.  
 20.11     (d) In establishing or modifying a support obligation, the 
 20.12  court may consider debts owed to private creditors, but only if: 
 20.13     (1) the right to support has not been assigned under 
 20.14  section 256.741; 
 20.15     (2) the court determines that the debt was reasonably 
 20.16  incurred for necessary support of the child or parent or for the 
 20.17  necessary generation of income.  If the debt was incurred for 
 20.18  the necessary generation of income, the court shall consider 
 20.19  only the amount of debt that is essential to the continuing 
 20.20  generation of income; and 
 20.21     (3) the party requesting a departure produces a sworn 
 20.22  schedule of the debts, with supporting documentation, showing 
 20.23  goods or services purchased, the recipient of them, the amount 
 20.24  of the original debt, the outstanding balance, the monthly 
 20.25  payment, and the number of months until the debt will be fully 
 20.26  paid. 
 20.27     (e) Any schedule prepared under paragraph (d), clause (3), 
 20.28  shall contain a statement that the debt will be fully paid after 
 20.29  the number of months shown in the schedule, barring emergencies 
 20.30  beyond the party's control.  
 20.31     (f) Any further departure below the guidelines that is 
 20.32  based on a consideration of debts owed to private creditors 
 20.33  shall not exceed 18 months in duration, after which the support 
 20.34  shall increase automatically to the level ordered by the court.  
 20.35  Nothing in this section shall be construed to prohibit one or 
 20.36  more step increases in support to reflect debt retirement during 
 21.1   the 18-month period.  
 21.2      (g) If payment of debt is ordered pursuant to this section, 
 21.3   the payment shall be ordered to be in the nature of child 
 21.4   support.  
 21.5      (h) Nothing shall preclude the court from receiving 
 21.6   evidence on the above factors to determine if the guidelines 
 21.7   should be exceeded or modified in a particular case.  
 21.8      (i) The guidelines in this subdivision are a rebuttable 
 21.9   presumption and shall be used in all cases when establishing or 
 21.10  modifying child support.  If the court does not deviate from the 
 21.11  guidelines, the court shall make written findings concerning the 
 21.12  amount of the obligor's income used as the basis for the 
 21.13  guidelines calculation and any other significant evidentiary 
 21.14  factors affecting the determination of child support.  If the 
 21.15  court deviates from the guidelines, the court shall make written 
 21.16  findings giving the amount of support calculated under the 
 21.17  guidelines, the reasons for the deviation, and shall 
 21.18  specifically address the criteria in paragraph (c) and how the 
 21.19  deviation serves the best interest of the child.  The court may 
 21.20  deviate from the guidelines if both parties agree and the court 
 21.21  makes written findings that it is in the best interests of the 
 21.22  child, except that in cases where child support payments are 
 21.23  assigned to the public agency under section 256.741, the court 
 21.24  may deviate downward only as provided in paragraph (j).  Nothing 
 21.25  in this paragraph prohibits the court from deviating in other 
 21.26  cases.  The provisions of this paragraph apply whether or not 
 21.27  the parties are each represented by independent counsel and have 
 21.28  entered into a written agreement.  The court shall review 
 21.29  stipulations presented to it for conformity to the guidelines 
 21.30  and the court is not required to conduct a hearing, but the 
 21.31  parties shall provide the documentation of earnings required 
 21.32  under subdivision 5b. 
 21.33     (j) If the child support payments are assigned to the 
 21.34  public agency under section 256.741, the court may not deviate 
 21.35  downward from the child support guidelines unless the court 
 21.36  specifically finds that the failure to deviate downward would 
 22.1   impose an extreme hardship on the obligor. 
 22.2      (k) The dollar amount of the income limit for application 
 22.3   of the guidelines must be adjusted on July 1 of every 
 22.4   even-numbered year to reflect cost-of-living changes.  The 
 22.5   supreme court shall select the index for the adjustment from the 
 22.6   indices listed in section 518.641.  The state court 
 22.7   administrator shall make the changes in the dollar amount 
 22.8   required by this paragraph available to courts and the public on 
 22.9   or before April 30 of the year in which the amount is to change. 
 22.10     (l) In establishing or modifying child support, if a child 
 22.11  receives a child's insurance benefit under United States Code, 
 22.12  title 42, section 402, because the obligor is entitled to old 
 22.13  age or disability insurance benefits, the amount of support 
 22.14  ordered shall be offset by the amount of the child's benefit.  
 22.15  The court shall make findings regarding the obligor's income 
 22.16  from all sources, the child support amount calculated under this 
 22.17  section, the amount of the child's benefit, and the obligor's 
 22.18  child support obligation.  Any benefit received by the child in 
 22.19  a given month in excess of the child support obligation shall 
 22.20  not be treated as an arrearage payment or a future payment. 
 22.21     Sec. 14.  Minnesota Statutes 2000, section 518.551, 
 22.22  subdivision 5e, is amended to read: 
 22.23     Subd. 5e.  [ADJUSTMENT TO SUPPORT ORDER.] A support order 
 22.24  issued under this section may provide that during any period of 
 22.25  time of 30 consecutive days or longer that the child is residing 
 22.26  with the noncustodial parent obligor, the amount of support 
 22.27  otherwise due under the order may be reduced. 
 22.28     Sec. 15.  Minnesota Statutes 2000, section 518.612, is 
 22.29  amended to read: 
 22.30     518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 
 22.31  ORDER.] 
 22.32     Failure by a party to make support payments is not a 
 22.33  defense to:  
 22.34     (1) interference with parenting time; or 
 22.35     (2) without the permission of the court or the noncustodial 
 22.36  other parent, removing a child from this state. 
 23.1      Nor is Interference with parenting time or taking a child 
 23.2   from this state without permission of the court or 
 23.3   the noncustodial other parent is not a defense to nonpayment of 
 23.4   support.  If a party fails to make support payments, or 
 23.5   interferes with parenting time, or removes a child from the 
 23.6   state without permission of the court or the noncustodial other 
 23.7   parent removes a child from this state, the other party may 
 23.8   petition the court for an appropriate order.  
 23.9      Sec. 16.  Minnesota Statutes 2000, section 518.64, 
 23.10  subdivision 2, is amended to read: 
 23.11     Subd. 2.  [MODIFICATION.] (a) The terms of an order 
 23.12  respecting maintenance or support may be modified upon a showing 
 23.13  of one or more of the following:  (1) substantially increased or 
 23.14  decreased earnings of a party; (2) substantially increased or 
 23.15  decreased need of a party or the child or children that are the 
 23.16  subject of these proceedings; (3) receipt of assistance under 
 23.17  the AFDC program formerly codified under sections 256.72 to 
 23.18  256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 
 23.19  change in the cost of living for either party as measured by the 
 23.20  federal bureau of statistics, any of which makes the terms 
 23.21  unreasonable and unfair; (5) extraordinary medical expenses of 
 23.22  the child not provided for under section 518.171; or (6) the 
 23.23  addition of work-related or education-related child care 
 23.24  expenses of the obligee or a substantial increase or decrease in 
 23.25  existing work-related or education-related child care expenses.  
 23.26     On a motion to modify support, the needs of any child the 
 23.27  obligor has after the entry of the support order that is the 
 23.28  subject of a modification motion shall be considered as provided 
 23.29  by section 518.551, subdivision 5f. 
 23.30     (b) It is presumed that there has been a substantial change 
 23.31  in circumstances under paragraph (a) and the terms of a current 
 23.32  support order shall be rebuttably presumed to be unreasonable 
 23.33  and unfair if: 
 23.34     (1) the application of the child support guidelines in 
 23.35  section 518.551, subdivision 5, to the current circumstances of 
 23.36  the parties results in a calculated court order that is at least 
 24.1   20 percent and at least $50 per month higher or lower than the 
 24.2   current support order; 
 24.3      (2) the medical support provisions of the order established 
 24.4   under section 518.171 are not enforceable by the public 
 24.5   authority or the custodial parent obligee; 
 24.6      (3) health coverage ordered under section 518.171 is not 
 24.7   available to the child for whom the order is established by the 
 24.8   parent ordered to provide; or 
 24.9      (4) the existing support obligation is in the form of a 
 24.10  statement of percentage and not a specific dollar amount.  
 24.11     (c) On a motion for modification of maintenance, including 
 24.12  a motion for the extension of the duration of a maintenance 
 24.13  award, the court shall apply, in addition to all other relevant 
 24.14  factors, the factors for an award of maintenance under section 
 24.15  518.552 that exist at the time of the motion.  On a motion for 
 24.16  modification of support, the court:  
 24.17     (1) shall apply section 518.551, subdivision 5, and shall 
 24.18  not consider the financial circumstances of each party's spouse, 
 24.19  if any; and 
 24.20     (2) shall not consider compensation received by a party for 
 24.21  employment in excess of a 40-hour work week, provided that the 
 24.22  party demonstrates, and the court finds, that: 
 24.23     (i) the excess employment began after entry of the existing 
 24.24  support order; 
 24.25     (ii) the excess employment is voluntary and not a condition 
 24.26  of employment; 
 24.27     (iii) the excess employment is in the nature of additional, 
 24.28  part-time employment, or overtime employment compensable by the 
 24.29  hour or fractions of an hour; 
 24.30     (iv) the party's compensation structure has not been 
 24.31  changed for the purpose of affecting a support or maintenance 
 24.32  obligation; 
 24.33     (v) in the case of an obligor, current child support 
 24.34  payments are at least equal to the guidelines amount based on 
 24.35  income not excluded under this clause; and 
 24.36     (vi) in the case of an obligor who is in arrears in child 
 25.1   support payments to the obligee, any net income from excess 
 25.2   employment must be used to pay the arrearages until the 
 25.3   arrearages are paid in full. 
 25.4      (d) A modification of support or maintenance, including 
 25.5   interest that accrued pursuant to section 548.091, may be made 
 25.6   retroactive only with respect to any period during which the 
 25.7   petitioning party has pending a motion for modification but only 
 25.8   from the date of service of notice of the motion on the 
 25.9   responding party and on the public authority if public 
 25.10  assistance is being furnished or the county attorney is the 
 25.11  attorney of record.  However, modification may be applied to an 
 25.12  earlier period if the court makes express findings that:  
 25.13     (1) the party seeking modification was precluded from 
 25.14  serving a motion by reason of a significant physical or mental 
 25.15  disability, a material misrepresentation of another party, or 
 25.16  fraud upon the court and that the party seeking modification, 
 25.17  when no longer precluded, promptly served a motion; 
 25.18     (2) the party seeking modification was a recipient of 
 25.19  federal Supplemental Security Income (SSI), Title II Older 
 25.20  Americans, Survivor's Disability Insurance (OASDI), other 
 25.21  disability benefits, or public assistance based upon need during 
 25.22  the period for which retroactive modification is sought; or 
 25.23     (3) the order for which the party seeks amendment was 
 25.24  entered by default, the party shows good cause for not 
 25.25  appearing, and the record contains no factual evidence, or 
 25.26  clearly erroneous evidence regarding the individual obligor's 
 25.27  ability to pay.  
 25.28     The court may provide that a reduction in the amount 
 25.29  allocated for child care expenses based on a substantial 
 25.30  decrease in the expenses is effective as of the date the 
 25.31  expenses decreased. 
 25.32     (e) Except for an award of the right of occupancy of the 
 25.33  homestead, provided in section 518.63, all divisions of real and 
 25.34  personal property provided by section 518.58 shall be final, and 
 25.35  may be revoked or modified only where the court finds the 
 25.36  existence of conditions that justify reopening a judgment under 
 26.1   the laws of this state, including motions under section 518.145, 
 26.2   subdivision 2.  The court may impose a lien or charge on the 
 26.3   divided property at any time while the property, or subsequently 
 26.4   acquired property, is owned by the parties or either of them, 
 26.5   for the payment of maintenance or support money, or may 
 26.6   sequester the property as is provided by section 518.24. 
 26.7      (f) The court need not hold an evidentiary hearing on a 
 26.8   motion for modification of maintenance or support. 
 26.9      (g) Section 518.14 shall govern the award of attorney fees 
 26.10  for motions brought under this subdivision. 
 26.11     Sec. 17.  [REVISOR INSTRUCTION.] 
 26.12     The revisor of statutes must renumber Minnesota Statutes, 
 26.13  section 518.175, subdivision 7, as section 518.1752.