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Minnesota Legislature

Office of the Revisor of Statutes

HF 1309

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2019 02:17pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to children; modifying parenting time for child care; making technical
changes; removing redundant language; amending Minnesota Statutes 2018,
sections 518.175, subdivision 8; 518A.32, subdivision 1; 518A.40, subdivision 3.

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

Section 1.

Minnesota Statutes 2018, section 518.175, subdivision 8, is amended to read:


Subd. 8.

Additional parenting time for child care parent.

The court deleted text beginmaydeleted text endnew text begin shallnew text end allow
additional parenting time to a parent to provide child care while the other parent is working
ifnew text begin the parent is available and willing to provide such care andnew text end this arrangement is reasonable
and in the best interests of the child, as defined in section 518.17, subdivision 1. deleted text beginIn addition,
the court shall consider:
deleted text endnew text begin If a court denies a parent's request to provide child care while the
other parent is working, it shall make detailed findings on each of the factors in section
518.17, subdivision 1, paragraph (a), based on the evidence presented and shall evaluate
the factors according to section 518.17, subdivision 1, paragraph (b).
new text end

deleted text begin (1) the ability of the parents to cooperate;
deleted text end

deleted text begin (2) methods for resolving disputes regarding the care of the child, and the parents'
willingness to use those methods; and
deleted text end

deleted text begin (3) whether domestic abuse, as defined in section 518B.01, has occurred between the
parties.
deleted text end

Sec. 2.

Minnesota Statutes 2018, section 518A.32, subdivision 1, is amended to read:


Subdivision 1.

General.

new text begin(a) new text endThis section applies to child support orders, including orders
for past support or reimbursement of public assistance, issued under this chapter, chapter
256, 257, 518B, or 518C. If a parent is voluntarily unemployed, underemployed, or employed
on a less than full-time basis, or there is no direct evidence of any income, child support
must be calculated based on a determination of potential income. For purposes of this
determination, it is rebuttably presumed that a parent can be gainfully employed on a full-time
basis.

new text begin (b)new text end As used in this section, "full time" means 40 hours of work in a week except in those
industries, trades, or professions in which most employers, due to custom, practice, or
agreement, use a normal work week of more or less than 40 hours in a week.

new text begin (c) A parent's acceptance of additional parenting time under section 518.175, subdivision
8, is not sufficient to rebut the presumption that a parent who is not employed full time is
voluntarily unemployed, underemployed, or employed on a less than full-time basis, unless
the court makes a determination that the parent is not voluntarily unemployed,
underemployed, or employed on a less than full-time basis under subdivision 3, 4, or 5. A
determination that a parent is not voluntarily unemployed, underemployed, or employed on
a less that full-time basis that is made pursuant to subdivision 5 must be supported by written
findings on each of the factors in subdivision 5.
new text end

Sec. 3.

Minnesota Statutes 2018, section 518A.40, subdivision 3, is amended to read:


Subd. 3.

Determining costs.

(a) The court must require verification of employment or
school attendance and documentation of child care expenses from the obligee and the public
authority, if applicable.

(b) If child care expenses fluctuate during the year because of the obligee's seasonal
employment or school attendance or extended periods of parenting time with the obligor,
the court must determine child care expenses based on an average monthly cost.

(c) The amount allocated for child care expenses is considered child support but is not
subject to a cost-of-living adjustment under section 518A.75.

(d) deleted text beginThe court may allow the parent with whom the joint child does not reside to care for
the joint child while the parent with whom the joint child resides is working or attending
school, as provided in section 518.175, subdivision 8.
deleted text end Allowing the parent with whom the
joint child does not reside to care for the joint child under section 518.175, subdivision 8,
is not a reason to deviate from the guidelines.