HF 1446

2nd Engrossment - 82nd Legislature (2001 - 2002) 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             clarifying certain medical support bonus incentive 
  1.6             provisions; making style and form changes; amending 
  1.7             Minnesota Statutes 2000, sections 256.9791; 518.002; 
  1.8             518.003, subdivisions 1 and 3; 518.005; 518.01; 
  1.9             518.02; 518.03; 518.04; 518.05; 518.055; 518.06; 
  1.10            518.07; 518.09; 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, and 6; 
  1.13            518.158, subdivisions 2 and 4; 518.165; 518.166; 
  1.14            518.167, subdivisions 3, 4, and 5; 518.168; 518.1705, 
  1.15            subdivision 6; 518.175, subdivisions 1, 1a, 2, 3, 5, 
  1.16            6, 7, and 8; 518.1751, subdivisions 1b, 2, 2a, 2b, 2c, 
  1.17            and 3; 518.176; 518.177; 518.178; 518.179, subdivision 
  1.18            1; 518.18; 518.24; 518.25; 518.54, subdivisions 1, 5, 
  1.19            6, 7, and 8; 518.55; 518.552; 518.58; 518.581; 
  1.20            518.582; 518.612; 518.619; 518.62; 518.64, 
  1.21            subdivisions 1 and 2; 518.641; 518.642; 518.646; and 
  1.22            518.65; proposing coding for new law in Minnesota 
  1.23            Statutes, chapters 517A; and 518; proposing coding for 
  1.24            new law as Minnesota Statutes, chapters 517B; and 
  1.25            517C; repealing Minnesota Statutes 2000, sections 
  1.26            518.111; 518.17; 518.171; 518.185; 518.255; 518.54, 
  1.27            subdivisions 2, 4a, 13, and 14; 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; 518.64, subdivisions 4, 
  1.31            4a, and 5; and 518.66. 
  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.  [517A.25] [SIX-MONTH REVIEW.] 
  1.36     (a) A decree of dissolution or legal separation or an order 
  1.37  that establishes child custody, parenting time, or support 
  1.38  rights and obligations of parents must contain a review date six 
  2.1   months after its entry.  At the six-month hearing the court must 
  2.2   review: 
  2.3      (1) whether child support is current; and 
  2.4      (2) whether both parties are complying with the parenting 
  2.5   time provisions of the order. 
  2.6      (b) At the six-month hearing, the obligor has the burden to 
  2.7   present evidence to establish that child support payments are 
  2.8   current.  A party may request that the public authority provide 
  2.9   information to the parties and court regarding child support 
  2.10  payments.  A party must request the information from the public 
  2.11  authority at least 14 days before the hearing.  The commissioner 
  2.12  of human services must develop a form to be used by the public 
  2.13  authority to submit child support payment information to the 
  2.14  parties and court. 
  2.15     (c) A hearing need not be held under this section if both 
  2.16  parties file an affidavit with the court administrator before 
  2.17  the scheduled hearing date indicating that child support is 
  2.18  current and that the parties are complying with the parenting 
  2.19  time provisions of the order. 
  2.20     (d) Contempt of court and all statutory remedies for child 
  2.21  support and parenting time enforcement may be imposed by the 
  2.22  court at the six-month hearing for noncompliance by either party.
  2.23     (e) At least one month before the six-month hearing, a 
  2.24  court administrator must send the parties written notice of the 
  2.25  hearing.  The written notice must include a statement that an 
  2.26  obligor has the burden to present evidence at the hearing to 
  2.27  establish that child support payments are current.  The written 
  2.28  notice also must include a statement that a hearing will not be 
  2.29  held if both parties submit an affidavit to the court 
  2.30  administrator before the hearing date indicating that child 
  2.31  support is current and that the parties are in compliance with 
  2.32  parenting time provisions. 
  2.33     Sec. 2.  Minnesota Statutes 2000, section 518.002, is 
  2.34  amended to read: 
  2.35     518.002 [USE TERM DISSOLUTION MEANING OF DIVORCE.] 
  2.36     Wherever the word "Divorce" is, as used in the statutes, it 
  3.1   has the same meaning as "dissolution" or "dissolution of 
  3.2   marriage."  
  3.3      Sec. 3.  Minnesota Statutes 2000, section 518.003, 
  3.4   subdivision 1, is amended to read: 
  3.5      Subdivision 1.  [SCOPE.] For the purposes of The 
  3.6   definitions in this section apply to this chapter, the following 
  3.7   terms have the meanings provided in this section unless the 
  3.8   context clearly requires otherwise.  
  3.9      Sec. 4.  Minnesota Statutes 2000, section 518.005, is 
  3.10  amended to read: 
  3.11     518.005 [RULES GOVERNING PROCEEDINGS.] 
  3.12     Subdivision 1.  [APPLICABLE RULES.] Unless otherwise 
  3.13  specifically provided, the rules of civil procedure for the 
  3.14  district court apply to all proceedings under this chapter and 
  3.15  chapters 517B and 517C. 
  3.16     Subd. 2.  [TITLE.] A proceeding for dissolution of 
  3.17  marriage, legal separation, or annulment shall must be entitled 
  3.18  "In re the Marriage of .......... and .......... ."  A custody 
  3.19  or support proceeding shall be entitled "In re the (Custody) 
  3.20  (Support) of .......... ." 
  3.21     Subd. 3.  [NAMES OF PLEADINGS.] The initial pleading in all 
  3.22  proceedings under sections 518.002 to 518.66 shall this chapter 
  3.23  and chapters 517B and 517C must be denominated a petition.  A 
  3.24  responsive pleading shall must be denominated an answer.  Other 
  3.25  pleadings shall must be denominated as provided in the rules of 
  3.26  civil procedure. 
  3.27     Subd. 4.  [DECREE; JUDGMENT.] In sections 518.002 to 518.66 
  3.28  this chapter and chapters 517B and 517C, "decree" includes 
  3.29  "judgment." 
  3.30     Subd. 5.  [PROHIBITED DISCLOSURE.] In all proceedings under 
  3.31  this chapter and chapters 517B and 517C, in which public 
  3.32  assistance is assigned under section 256.741 or the public 
  3.33  authority provides services to a party or parties to the 
  3.34  proceedings, notwithstanding statutory or other authorization 
  3.35  for the public authority to release private data on the location 
  3.36  of a party to the action, information on the location of one 
  4.1   party may not be released by the public authority to the other 
  4.2   party if: 
  4.3      (1) the public authority has knowledge that a protective 
  4.4   order with respect to the other party has been entered; or 
  4.5      (2) the public authority has reason to believe that the 
  4.6   release of the information may result in physical or emotional 
  4.7   harm to the other party. 
  4.8      Subd. 6.  [REQUIRED NOTICE.] Every court order or judgment 
  4.9   and decree that provides for child support, spousal maintenance, 
  4.10  custody, or parenting time must contain the notices required by 
  4.11  section 517C.99. 
  4.12     Sec. 5.  Minnesota Statutes 2000, section 518.01, is 
  4.13  amended to read: 
  4.14     518.01 [VOID MARRIAGES.] 
  4.15     All marriages which are A marriage prohibited by section 
  4.16  517.03 shall be absolutely is void, without any decree of 
  4.17  dissolution or other legal proceedings; except if a person whose 
  4.18  husband or wife has been absent for four successive years, 
  4.19  without being known to the person to be living during that time, 
  4.20  marries during the lifetime of the absent husband or wife, the 
  4.21  marriage shall be is void only from the time that its nullity is 
  4.22  duly adjudged.  If the absentee is declared dead in accordance 
  4.23  with section 576.142, the subsequent marriage shall is not be 
  4.24  void. 
  4.25     Sec. 6.  Minnesota Statutes 2000, section 518.02, is 
  4.26  amended to read: 
  4.27     518.02 [VOIDABLE MARRIAGES.] 
  4.28     A marriage shall must be declared a nullity under the 
  4.29  following circumstances if: 
  4.30     (a) (1) a party lacked capacity to consent to the marriage 
  4.31  at the time the marriage was solemnized, either because of:  (i) 
  4.32  mental incapacity or infirmity and if the other party at the 
  4.33  time the marriage was solemnized did not know of the incapacity; 
  4.34  or because of (ii) the influence of alcohol, drugs, or other 
  4.35  incapacitating substances; or because (iii) consent of either 
  4.36  was having been obtained by force or fraud and there was with no 
  5.1   subsequent voluntary cohabitation of the parties; 
  5.2      (b) (2) a party lacks the physical capacity to consummate 
  5.3   the marriage by sexual intercourse and the other party at the 
  5.4   time the marriage was solemnized did not know of the incapacity; 
  5.5   or 
  5.6      (c) (3) a party was under the age for marriage established 
  5.7   by section 517.02. 
  5.8      Sec. 7.  Minnesota Statutes 2000, section 518.03, is 
  5.9   amended to read: 
  5.10     518.03 [ACTION TO ANNUL; DECREE.] 
  5.11     An annulment shall must be commenced and, the complaint 
  5.12  shall be filed, and proceedings had as in proceedings for 
  5.13  dissolution.  Upon due proof of the nullity of the marriage, 
  5.14  it shall must be adjudged null and void. 
  5.15     The provisions of sections 518.54 to 518.66 relating to 
  5.16  property rights of the spouses, maintenance, support, and 
  5.17  custody of children on dissolution of marriage are applicable to 
  5.18  proceedings for annulment. 
  5.19     Sec. 8.  Minnesota Statutes 2000, section 518.04, is 
  5.20  amended to read: 
  5.21     518.04 [INSUFFICIENT GROUNDS FOR ANNULMENT.] 
  5.22     No marriage shall may be adjudged a nullity on the ground 
  5.23  that one of the parties was under the age of legal consent if it 
  5.24  appears that the parties had voluntarily cohabited together as 
  5.25  husband and wife after having attained such that age; nor 
  5.26  shall.  The marriage of any an insane person must not be 
  5.27  adjudged void after restoration of the insane person to reason, 
  5.28  if it appears that the parties freely cohabited together as 
  5.29  husband and wife after such the restoration to reason.  
  5.30     Sec. 9.  Minnesota Statutes 2000, section 518.05, is 
  5.31  amended to read: 
  5.32     518.05 [ANNULMENT; WHEN TO BRING.] 
  5.33     An annulment may be sought by any of the following persons 
  5.34  and must be commenced within the times specified, but in no 
  5.35  event may an annulment be sought after the death of either party 
  5.36  to the marriage: 
  6.1      (a) For a reason set forth in (1) under section 518.02, 
  6.2   clause (a) (1), by either party or by the legal representative 
  6.3   of the party who lacked capacity to consent, no later than 90 
  6.4   days after the petitioner obtained knowledge of the described 
  6.5   condition; 
  6.6      (b) For the reason set forth in (2) under section 518.02, 
  6.7   clause (b) (2), by either party no later than one year after the 
  6.8   petitioner obtained knowledge of the described condition; 
  6.9      (c) For the reason set forth in (3) under section 518.02, 
  6.10  clause (c) (3), by the underaged party, or the party's parent or 
  6.11  guardian, before the time the underaged party reaches the age at 
  6.12  which the party could have married without satisfying the 
  6.13  omitted requirement. 
  6.14     Sec. 10.  Minnesota Statutes 2000, section 518.055, is 
  6.15  amended to read: 
  6.16     518.055 [PUTATIVE SPOUSE.] 
  6.17     Any person who has cohabited with another to whom the 
  6.18  person is not legally married in the good faith belief that the 
  6.19  person was married to the other is a putative spouse until 
  6.20  knowledge of the fact that the person is not legally married 
  6.21  terminates the status and prevents acquisition of further 
  6.22  rights.  A putative spouse acquires the rights conferred upon a 
  6.23  legal spouse, including the right to maintenance following 
  6.24  termination of the status, whether or not the marriage is 
  6.25  prohibited or declared a nullity.  If there is a legal spouse or 
  6.26  other putative spouses, rights acquired by a putative spouse do 
  6.27  not supersede the rights of the legal spouse or those acquired 
  6.28  by other putative spouses, but the court shall must apportion 
  6.29  property, maintenance, and support rights among the claimants as 
  6.30  appropriate in the circumstances and in the interests of justice.
  6.31     Sec. 11.  Minnesota Statutes 2000, section 518.06, is 
  6.32  amended to read: 
  6.33     518.06 [DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS; 
  6.34  UNCONTESTED LEGAL SEPARATION.] 
  6.35     Subdivision 1.  [MEANING AND EFFECT OF DECREES; GROUNDS.] A 
  6.36  dissolution of marriage is the termination of the marital 
  7.1   relationship between a husband and wife.  A decree of 
  7.2   dissolution completely terminates the marital status of both 
  7.3   parties.  A legal separation is a court determination of the 
  7.4   rights and responsibilities of a husband and wife arising out of 
  7.5   the marital relationship.  A decree of legal separation does not 
  7.6   terminate the marital status of the parties.  
  7.7      A dissolution of a marriage shall must be granted by a 
  7.8   county or district court when if the court finds that there has 
  7.9   been an irretrievable breakdown of the marriage relationship.  A 
  7.10  decree of legal separation shall must be granted when if the 
  7.11  court finds that one or both parties need a legal separation.  
  7.12     Defenses to divorce, dissolution and legal separation, 
  7.13  including, but not limited to, condonation, connivance, 
  7.14  collusion, recrimination, insanity, and lapse of time, are 
  7.15  abolished. 
  7.16     Subd. 3.  [UNCONTESTED LEGAL SEPARATION.] If one or both 
  7.17  parties petition for a decree of legal separation and neither 
  7.18  party contests the granting of the decree nor petitions for a 
  7.19  decree of dissolution, the court shall must grant a decree of 
  7.20  legal separation.  
  7.21     Sec. 12.  Minnesota Statutes 2000, section 518.07, is 
  7.22  amended to read: 
  7.23     518.07 [RESIDENCE OF PARTIES.] 
  7.24     No A dissolution shall must not be granted unless (1) one 
  7.25  of the parties has resided in this state, or has been a member 
  7.26  of the armed services stationed in this state, for not less than 
  7.27  at least 180 days immediately preceding the commencement of the 
  7.28  proceeding; or (2) one of the parties has been a domiciliary of 
  7.29  this state for not less than at least 180 days immediately 
  7.30  preceding commencement of the proceeding.  
  7.31     Sec. 13.  Minnesota Statutes 2000, section 518.09, is 
  7.32  amended to read: 
  7.33     518.09 [PROCEEDING; HOW AND WHERE BROUGHT; VENUE.] 
  7.34     A proceeding for dissolution or legal separation may be 
  7.35  brought by either or both spouses and shall be is commenced by 
  7.36  personal service of the summons and petition venued in the 
  8.1   county where either spouse resides.  If neither party resides in 
  8.2   the state and jurisdiction is based on the domicile of either 
  8.3   spouse party, the proceeding may be brought in the county where 
  8.4   either party is domiciled.  If neither party resides or is 
  8.5   domiciled in this state and jurisdiction is premised upon one of 
  8.6   the parties being a member of the armed services stationed in 
  8.7   this state for not less than 180 days immediately preceding the 
  8.8   commencement of the proceeding, the proceeding may be brought in 
  8.9   the county where the member is stationed.  This venue shall be 
  8.10  is subject to the court's power of the court to change the place 
  8.11  of hearing by consent of the parties, or when if it appears to 
  8.12  the court that an impartial hearing cannot be had in the county 
  8.13  where the proceedings are pending, or when if the convenience of 
  8.14  the parties or the ends of justice would be promoted by the 
  8.15  change.  No summons shall be if required if a joint petition is 
  8.16  filed. 
  8.17     Sec. 14.  Minnesota Statutes 2000, section 518.10, is 
  8.18  amended to read: 
  8.19     518.10 [REQUISITES OF PETITION.] 
  8.20     The A petition for dissolution of marriage or legal 
  8.21  separation shall must state and allege: 
  8.22     (a) (1) the name, address, and, in circumstances in which 
  8.23  child support or spousal maintenance will be addressed, social 
  8.24  security number of the petitioner and any prior or other name 
  8.25  used by the petitioner; 
  8.26     (b) (2) the name and, if known, the address and, in 
  8.27  circumstances in which child support or spousal maintenance will 
  8.28  be addressed, social security number of the respondent and any 
  8.29  prior or other name used by the respondent and known to the 
  8.30  petitioner; 
  8.31     (c) (3) the place and date of the marriage of the parties; 
  8.32     (d) (4) in the case of a petition for dissolution, that 
  8.33  either the petitioner or the respondent or both:  
  8.34     (1) (i) has resided in this state for not less than 180 
  8.35  days immediately preceding the commencement of the proceeding, 
  8.36  or; 
  9.1      (2) (ii) has been a member of the armed services and has 
  9.2   been stationed in this state for not less than 180 days 
  9.3   immediately preceding the commencement of the proceeding,; or 
  9.4      (3) (iii) has been a domiciliary of this state for not less 
  9.5   than 180 days immediately preceding the commencement of the 
  9.6   proceeding; 
  9.7      (e) (5) the name at the time of the petition and any prior 
  9.8   or other name, social security number, age, and date of birth of 
  9.9   each living minor or dependent child of the parties born before 
  9.10  the marriage or born or adopted during the marriage and a 
  9.11  reference to, and the expected date of birth of, a child of the 
  9.12  parties conceived during the marriage but not born; 
  9.13     (f) (6) whether or not a separate proceeding for 
  9.14  dissolution, legal separation, or custody is pending in a court 
  9.15  in this state or elsewhere; 
  9.16     (g) (7) in the case of a petition for dissolution, that 
  9.17  there has been an irretrievable breakdown of the marriage 
  9.18  relationship; 
  9.19     (h) (8) in the case of a petition for legal separation, 
  9.20  that there is a need for a decree of legal separation; 
  9.21     (i) (9) any temporary or permanent maintenance, child 
  9.22  support, child custody, disposition of property, attorneys' 
  9.23  fees, costs and disbursements applied for without setting forth 
  9.24  the amounts; and 
  9.25     (j) (10) whether an order for protection under chapter 518B 
  9.26  or a similar law of another state that governs the parties or a 
  9.27  party and a minor child of the parties is in effect and, if so, 
  9.28  the district court or similar jurisdiction in which it was 
  9.29  entered. 
  9.30     The petition shall must be verified by the petitioner or 
  9.31  petitioners, and its allegations established by competent 
  9.32  evidence. 
  9.33     Sec. 15.  Minnesota Statutes 2000, section 518.11, is 
  9.34  amended to read: 
  9.35     518.11 [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 
  9.36     (a) Unless a proceeding is brought by both parties, copies 
 10.1   of the summons and petition shall must be served on the 
 10.2   respondent personally.  
 10.3      (b) When Service is made out of this state and within the 
 10.4   United States, it may be proved by the affidavit of the person 
 10.5   making the same service.  When Service is made without 
 10.6   outside of the United States it may be proved by the affidavit 
 10.7   of the person making the same service, taken before and 
 10.8   certified by any United States minister, charge d'affaires, 
 10.9   commissioner, consul or commercial agent, or other consular or 
 10.10  diplomatic officer of the United States appointed to reside 
 10.11  in such the country, including all deputies a deputy or other 
 10.12  representatives representative of such the officer authorized to 
 10.13  perform their the officer's duties; or before an officer 
 10.14  authorized to administer an oath with the certificate of an 
 10.15  officer of a court of record of the country wherein such in 
 10.16  which the affidavit is taken as to the identity and authority of 
 10.17  the officer taking the same affidavit.  
 10.18     (c) If personal service cannot be made, the court may order 
 10.19  service of the summons by alternate means.  The application for 
 10.20  alternate service must include the last known location of the 
 10.21  respondent; the petitioner's most recent contacts with the 
 10.22  respondent; the last known location of the respondent's 
 10.23  employment; the names and locations of the respondent's parents, 
 10.24  siblings, children, and other close relatives; the names and 
 10.25  locations of other persons who are likely to know the 
 10.26  respondent's whereabouts; and a description of efforts to locate 
 10.27  those persons.  
 10.28     The court shall must consider the length of time the 
 10.29  respondent's location has been unknown, the likelihood that the 
 10.30  respondent's location will become known, the nature of the 
 10.31  relief sought, and the nature of efforts made to locate the 
 10.32  respondent.  The court shall must order service by first class 
 10.33  mail, forwarding address requested, to any addresses where there 
 10.34  is a reasonable possibility that mail or information will be 
 10.35  forwarded or communicated to the respondent or, if no address so 
 10.36  qualifies, then to the respondent's last known address.  
 11.1      If the petitioner seeks disposition of real estate located 
 11.2   within the state of in Minnesota, the court shall must order 
 11.3   that the summons, which shall must contain the legal description 
 11.4   of the real estate, be published in the county where the real 
 11.5   estate is located.  The court may also order publication, within 
 11.6   or without the state, but only if it might reasonably succeed in 
 11.7   notifying the respondent of the proceeding.  Also, the court may 
 11.8   require the petitioner to make efforts to locate the respondent 
 11.9   by telephone calls to appropriate persons.  Service shall be is 
 11.10  deemed complete 21 days after mailing or 21 days after 
 11.11  court-ordered publication. 
 11.12     Sec. 16.  Minnesota Statutes 2000, section 518.12, is 
 11.13  amended to read: 
 11.14     518.12 [TIME FOR ANSWERING.] 
 11.15     The respondent shall have has 30 days in which to answer 
 11.16  the petition.  In case of service by publication, the 30 
 11.17  days shall does not begin to run until the expiration of the 
 11.18  period allowed for publication.  In the case of a 
 11.19  counterpetition for dissolution or legal separation to a 
 11.20  petition for dissolution or legal separation, no answer shall be 
 11.21  is required to the counterpetition and the original 
 11.22  petitioner shall be is deemed to have denied each and every 
 11.23  statement, allegation, and claim in the counterpetition. 
 11.24     Sec. 17.  Minnesota Statutes 2000, section 518.13, is 
 11.25  amended to read: 
 11.26     518.13 [FAILURE TO ANSWER; FINDINGS; HEARING.] 
 11.27     Subdivision 1.  [DEFAULT.] If the respondent does not 
 11.28  appear after service duly made and proved, the court may hear 
 11.29  and determine the proceeding as a default matter. 
 11.30     Subd. 2.  [DISPUTE OVER IRRETRIEVABLE BREAKDOWN.] If one of 
 11.31  the parties has denied under oath or affirmation that the 
 11.32  marriage is irretrievably broken, the court shall must consider 
 11.33  all relevant factors, including the circumstances that gave rise 
 11.34  to the commencement of the proceeding and the prospect of 
 11.35  reconciliation, and shall make a finding whether the marriage is 
 11.36  irretrievably broken. 
 12.1      A finding of irretrievable breakdown under this subdivision 
 12.2   is a determination that there is no reasonable prospect of 
 12.3   reconciliation.  The finding must be supported by evidence that 
 12.4   (i) the parties have lived separate and apart for a period of 
 12.5   not less than 180 days immediately preceding the commencement of 
 12.6   the proceeding, or (ii) there is serious marital discord 
 12.7   adversely affecting the attitude of one or both of the parties 
 12.8   toward the marriage.  
 12.9      Subd. 3.  [AGREEMENT OVER IRRETRIEVABLE BREAKDOWN.] If both 
 12.10  parties by petition or otherwise have stated under oath or 
 12.11  affirmation that the marriage is irretrievably broken, or one of 
 12.12  the parties has so stated and the other has not denied it, the 
 12.13  court, after hearing, shall must make a finding that the 
 12.14  marriage is irretrievably broken.  
 12.15     Subd. 4.  [REFEREE; OPEN COURT.] The court or judge, upon 
 12.16  application, may refer the proceeding to a referee to take and 
 12.17  report the evidence therein.  Hearings for dissolution of 
 12.18  marriage shall must be heard in open court or before a referee 
 12.19  appointed by the court to receive the testimony of the 
 12.20  witnesses, or depositions taken as in other equitable actions.  
 12.21  However, the court may in its discretion close the hearing.  
 12.22     Subd. 5.  [APPROVAL WITHOUT HEARING.] Proposed findings of 
 12.23  fact, conclusions of law, order for judgment, and judgment and 
 12.24  decree must be submitted to the court for approval and filing 
 12.25  without a final hearing in the following situations: 
 12.26     (1) if there are no minor children of the marriage, and (i) 
 12.27  the parties have entered into a written stipulation, or (ii) the 
 12.28  respondent has not appeared after service duly made and proved 
 12.29  by affidavit and at least 20 days have elapsed since the time 
 12.30  for answering under section 518.12 expired; or 
 12.31     (2) if there are minor children of the marriage, the 
 12.32  parties have signed and acknowledged a stipulation, and all 
 12.33  parties are represented by counsel. 
 12.34     Notwithstanding clause (1) or (2), the court shall must 
 12.35  schedule the matter for hearing in any case where if the 
 12.36  proposed judgment and decree does not appear to be in the best 
 13.1   interests of the minor children or is contrary to the interests 
 13.2   of justice. 
 13.3      Sec. 18.  Minnesota Statutes 2000, section 518.131, is 
 13.4   amended to read: 
 13.5      518.131 [TEMPORARY ORDERS AND RESTRAINING ORDERS.] 
 13.6      Subdivision 1.  [PERMISSIBLE ORDERS.] In a proceeding 
 13.7   brought for custody, dissolution, or legal separation, or for 
 13.8   disposition of property, or maintenance, or child support 
 13.9   following the dissolution of a marriage, either party may, by 
 13.10  motion, request from the court and the court may grant a 
 13.11  temporary order pending the final disposition of the proceeding 
 13.12  to or for:  
 13.13     (a) (1) temporary custody and parenting time regarding the 
 13.14  minor children of the parties; 
 13.15     (b) (2) temporary maintenance of either spouse; 
 13.16     (c) temporary child support for the children of the 
 13.17  parties; 
 13.18     (d) (3) temporary costs and reasonable attorney fees; 
 13.19     (e) (4) award the temporary use and possession, exclusive 
 13.20  or otherwise, of the family home, furniture, household goods, 
 13.21  automobiles, and other property of the parties; 
 13.22     (f) (5) restrain one or both parties from transferring, 
 13.23  encumbering, concealing, or disposing of property except in the 
 13.24  usual course of business or for the necessities of life, and to 
 13.25  account to the court for all such transfers, encumbrances, 
 13.26  dispositions, and expenditures made after the order is served or 
 13.27  communicated to the party restrained in open court; 
 13.28     (g) (6) restrain one or both parties from harassing, 
 13.29  vilifying, mistreating, molesting, disturbing the peace, or 
 13.30  restraining the liberty of the other party or the children of 
 13.31  the parties; 
 13.32     (h) (7) restrain one or both parties from removing any 
 13.33  minor child of the parties from the jurisdiction of the court; 
 13.34     (i) (8) exclude a party from the family home of the parties 
 13.35  or from the home of the other party; and 
 13.36     (j) (9) require one or both of the parties to perform or to 
 14.1   not perform such additional acts as that will facilitate the 
 14.2   just and speedy disposition of the proceeding, or will protect 
 14.3   the parties or their children from physical or emotional harm.  
 14.4      Subd. 2.  [IMPERMISSIBLE ORDERS.] No A temporary order 
 14.5   shall must not:  
 14.6      (a) (1) deny parenting time to a noncustodial parent unless 
 14.7   the court finds that parenting time by the noncustodial parent 
 14.8   is likely to cause physical or emotional harm to the child; 
 14.9      (b) (2) exclude a party from the family home of the parties 
 14.10  unless the court finds that physical or emotional harm to one of 
 14.11  the parties or to the children of the parties is likely to 
 14.12  result, or that the exclusion is reasonable in the 
 14.13  circumstances; or 
 14.14     (c) (3) vacate or modify an order granted under section 
 14.15  518B.01, subdivision 6, paragraph (a), clause (1), restraining 
 14.16  an abusing party from committing acts of domestic abuse, except 
 14.17  that the court may hear a motion for modification of an order 
 14.18  for protection concurrently with a proceeding for dissolution of 
 14.19  marriage upon notice of motion and motion.  The notice required 
 14.20  by court rule shall must not be waived.  If the proceedings are 
 14.21  consolidated and the motion to modify is granted, a separate 
 14.22  order for modification of an order for protection shall must be 
 14.23  issued. 
 14.24     Subd. 3.  [EX PARTE RESTRAINING ORDER; LIMITATIONS.] A 
 14.25  party may request and the court may make an ex parte restraining 
 14.26  order which may include that includes any matter that may be 
 14.27  included in a temporary order except it may not:  
 14.28     (a) A restraining order may not (1) exclude either party 
 14.29  from the family home of the parties except upon a finding by the 
 14.30  court of immediate danger of physical harm to the other party or 
 14.31  the children of either party; and or 
 14.32     (b) A restraining order may not (2) deny parenting time to 
 14.33  either party or grant custody of the minor children to either 
 14.34  party except upon a finding by the court of immediate danger of 
 14.35  physical harm to the minor children of the parties.  
 14.36     Subd. 4.  [HEARING ON RESTRAINING ORDER; DURATION.] A 
 15.1   restraining orders shall order must be personally served upon 
 15.2   the party to be restrained and shall be accompanied along with a 
 15.3   notice of the time and place of hearing for disposition of the 
 15.4   matters contained in the restraining order at a hearing for a 
 15.5   temporary order.  When If a restraining order has been issued, a 
 15.6   hearing on the temporary order shall must be held at the 
 15.7   earliest practicable date.  The restrained party may upon 
 15.8   written notice to the other party advance the hearing date to a 
 15.9   time earlier than that noticed by the other party.  The 
 15.10  restraining order shall continue continues in full force and 
 15.11  effect only until the hearing time noticed, unless the court, 
 15.12  for good cause and upon notice, extends the time for hearing.  
 15.13     Subd. 5.  [DURATION OF TEMPORARY ORDER.] A temporary order 
 15.14  shall continue continues in full force and effect until the 
 15.15  earlier of its amendment or vacation, dismissal of the main 
 15.16  action, or entry of a final decree of dissolution or legal 
 15.17  separation.  
 15.18     Subd. 6.  [EFFECT OF DISMISSAL OF MAIN ACTION.] If a 
 15.19  proceeding for dissolution or legal separation is dismissed, a 
 15.20  temporary custody order is vacated unless one of the parties or 
 15.21  the child's custodian moves that the proceeding continue as a 
 15.22  custody proceeding and the court finds, after a hearing, that 
 15.23  the circumstances of the parties and the best interests of the 
 15.24  child require that a custody order be issued.  
 15.25     Subd. 7.  [GUIDING FACTORS.] The court shall must be guided 
 15.26  by the factors set forth in sections 518.551 (concerning child 
 15.27  support), 518.552 (concerning maintenance), 518.17 to 518.175 
 15.28  (concerning custody and parenting time), and 518.14 (concerning 
 15.29  costs and attorney fees) in making temporary orders and 
 15.30  restraining orders. 
 15.31     Subd. 8.  [BASIS FOR ORDER.] Temporary orders shall must be 
 15.32  made solely on the basis of affidavits and argument of counsel 
 15.33  except upon demand by either party in a motion or responsive 
 15.34  motion made within the time limit for making and filing a 
 15.35  responsive motion that the matter be heard on oral testimony 
 15.36  before the court, or if the court in its discretion orders the 
 16.1   taking of oral testimony. 
 16.2      Subd. 9.  [PREJUDICIAL EFFECT, REVOCATION; MODIFICATION.] A 
 16.3   temporary order or restraining order:  
 16.4      (a) Shall (1) must not prejudice the rights of the parties 
 16.5   or the child which are to be adjudicated at subsequent hearings 
 16.6   in the proceeding; and 
 16.7      (b) (2) may be revoked or modified by the court before the 
 16.8   final disposition of the proceeding upon the same grounds and 
 16.9   subject to the same requirements as the initial granting of the 
 16.10  order.  
 16.11     Subd. 10.  [MISDEMEANOR.] In addition to being punishable 
 16.12  by contempt, a violation of a provision of a temporary order or 
 16.13  restraining order granting the relief authorized in subdivision 
 16.14  1, clauses (f), (g) clause (6), (7), or (h) (8) is a 
 16.15  misdemeanor.  
 16.16     Subd. 11.  [TEMPORARY SUPPORT AND MAINTENANCE.] Temporary 
 16.17  support and maintenance may be ordered during the time a 
 16.18  parenting plan is being developed under section 518.1705. 
 16.19     Sec. 19.  Minnesota Statutes 2000, section 518.14, 
 16.20  subdivision 1, is amended to read: 
 16.21     Subdivision 1.  [GENERAL.] (a) Except as provided in 
 16.22  subdivision 2, in a proceeding under this chapter or chapter 
 16.23  517B or 517C, the court shall must award attorney fees, costs, 
 16.24  and disbursements in an amount necessary to enable a party to 
 16.25  carry on or contest the proceeding, provided if it finds that: 
 16.26     (1) that the fees are necessary for the good-faith 
 16.27  assertion of the party's rights in the proceeding and will not 
 16.28  contribute unnecessarily to the length and expense of the 
 16.29  proceeding; 
 16.30     (2) that the party from whom fees, costs, and disbursements 
 16.31  are sought has the means to pay them; and 
 16.32     (3) that the party to whom fees, costs, and disbursements 
 16.33  are awarded does not have the means to pay them. 
 16.34     (b) Nothing in this section precludes the court from 
 16.35  awarding, in its discretion, additional fees, costs, and 
 16.36  disbursements against a party who unreasonably contributes to 
 17.1   the length or expense of the proceeding.  Fees, costs, and 
 17.2   disbursements provided for in this section may be awarded at any 
 17.3   point in the proceeding, including a modification proceeding 
 17.4   under sections 518.18 and 518.64.  The court may adjudge costs 
 17.5   and disbursements against either party.  The court may authorize 
 17.6   the collection of money awarded by execution, or out of property 
 17.7   sequestered, or in any other manner within the power of the 
 17.8   court.  An award of attorney's fees made by the court during the 
 17.9   pendency of the proceeding or in the final judgment survives the 
 17.10  proceeding and if not paid by the party directed to pay the same 
 17.11  them may be enforced as above provided in the manner provided in 
 17.12  this paragraph or by a separate civil action brought in the 
 17.13  attorney's own name.  If the proceeding is dismissed or 
 17.14  abandoned prior to determination and award of attorney's fees, 
 17.15  the court may nevertheless award attorney's fees upon the 
 17.16  attorney's motion.  The award shall also survive survives the 
 17.17  proceeding and may be enforced in the same manner as last above 
 17.18  provided in this paragraph. 
 17.19     Sec. 20.  Minnesota Statutes 2000, section 518.148, is 
 17.20  amended to read: 
 17.21     518.148 [CERTIFICATION OF DISSOLUTION.] 
 17.22     Subdivision 1.  [CERTIFICATE OF DISSOLUTION.] An attorney 
 17.23  or pro se party may prepare and submit to the court a separate 
 17.24  certificate of dissolution to be attached to the judgment and 
 17.25  decree at the time of granting the dissolution of marriage.  
 17.26  Upon approval by the court and filing of the certificate of 
 17.27  dissolution with the court administrator, the court 
 17.28  administrator shall must provide to any party upon request 
 17.29  certified copies of the certificate of dissolution. 
 17.30     Subd. 2.  [REQUIRED INFORMATION.] The certificate shall 
 17.31  must include the following information: 
 17.32     (1) the full caption and file number of the case and the 
 17.33  title "Certificate of Dissolution"; 
 17.34     (2) the names and any prior or other names of the parties 
 17.35  to the dissolution; 
 17.36     (3) the names of any living minor or dependent children as 
 18.1   identified in the judgment and decree; 
 18.2      (4) that the marriage of the parties is dissolved; 
 18.3      (5) the date of the judgment and decree; and 
 18.4      (6) the social security number of the parties to the 
 18.5   dissolution and the social security number of any living minor 
 18.6   or dependent children identified in the judgment and decree. 
 18.7      Subd. 3.  [CERTIFICATION.] The certificate of 
 18.8   dissolution shall be is conclusive evidence of the facts recited 
 18.9   in the certificate. 
 18.10     Sec. 21.  Minnesota Statutes 2000, section 518.24, is 
 18.11  amended to read: 
 18.12     518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 
 18.13     In all cases when If maintenance or support payments are 
 18.14  ordered, the court may require sufficient security to be given 
 18.15  for the payment of them according to the terms of the order.  
 18.16  Upon neglect or refusal to give security, or upon failure to pay 
 18.17  the maintenance or support, the court may sequester the 
 18.18  obligor's personal estate and the rents and profits of real 
 18.19  estate of the obligor, and appoint a receiver of them.  The 
 18.20  court may cause the personal estate and the rents and profits of 
 18.21  the real estate to be applied according to the terms of the 
 18.22  order.  The obligor is presumed to have an income from a source 
 18.23  sufficient to pay the maintenance or support order.  A child 
 18.24  support or maintenance order constitutes prima facie evidence 
 18.25  that the obligor has the ability to pay the award.  If the 
 18.26  obligor disobeys the order, it is prima facie evidence of 
 18.27  contempt.  The court may cite the obligor for contempt under 
 18.28  this section, section 518.617, or chapter 588. 
 18.29     Sec. 22.  Minnesota Statutes 2000, section 518.25, is 
 18.30  amended to read: 
 18.31     518.25 [REMARRIAGE; REVOCATION.] 
 18.32     When a dissolution has been granted, and the parties 
 18.33  afterward intermarry If two people remarry each other after 
 18.34  dissolution of their prior marriage, the court, upon their joint 
 18.35  application, and upon satisfactory proof of such the marriage, 
 18.36  may revoke all decrees and orders of dissolution, maintenance, 
 19.1   and subsistence which will that do not affect the rights of 
 19.2   third persons. 
 19.3      Sec. 23.  Minnesota Statutes 2000, section 518.54, 
 19.4   subdivision 1, is amended to read: 
 19.5      Subdivision 1.  [TERMS SCOPE.] For the purposes of sections 
 19.6   518.54 to 518.66, the terms defined The definitions in this 
 19.7   section shall have the meanings respectively ascribed to 
 19.8   them apply to sections 517A.30 to 517A.46. 
 19.9      Sec. 24.  Minnesota Statutes 2000, section 518.54, 
 19.10  subdivision 5, is amended to read: 
 19.11     Subd. 5.  [MARITAL PROPERTY; EXCEPTIONS.] "Marital 
 19.12  property" means property, real or personal property, including 
 19.13  vested public or private pension plan benefits or rights, 
 19.14  acquired by one or both of the parties, or either of them, to a 
 19.15  dissolution, legal separation, or annulment proceeding at any 
 19.16  time during the existence of the marriage relation between them, 
 19.17  or at any time during which the parties were living together as 
 19.18  husband and wife under a purported marriage relationship which 
 19.19  is annulled in an annulment proceeding, but prior to the date of 
 19.20  valuation under section 518.58, subdivision 1.  All property 
 19.21  acquired by either spouse subsequent to the marriage and before 
 19.22  the valuation date is presumed to be marital property regardless 
 19.23  of whether title is held individually or by the spouses in a 
 19.24  form of coownership such as joint tenancy, tenancy in common, 
 19.25  tenancy by the entirety, or community property.  Each 
 19.26  spouse shall be is deemed to have a common ownership in marital 
 19.27  property that vests not later than the time of the entry of the 
 19.28  decree in a proceeding for dissolution or annulment.  The extent 
 19.29  of the vested interest shall must be determined and made final 
 19.30  by the court pursuant to section 518.58.  If a title interest in 
 19.31  real property is held individually by only one spouse, the 
 19.32  interest in the real property of the nontitled spouse is not 
 19.33  subject to claims of creditors or judgment or tax liens until 
 19.34  the time of entry of the decree awarding an interest to the 
 19.35  nontitled spouse.  The presumption of marital property is 
 19.36  overcome by a showing that the property is nonmarital property. 
 20.1      "Nonmarital property" means property real or personal, 
 20.2   acquired by either spouse before, during, or after the existence 
 20.3   of their marriage, which: 
 20.4      (a) (1) is acquired as a gift, bequest, devise, or 
 20.5   inheritance made by a third party to one but not to the other 
 20.6   spouse; 
 20.7      (b) (2) is acquired before the marriage; 
 20.8      (c) (3) is acquired in exchange for or is the increase in 
 20.9   value of property which is described in clauses (a), (b), (d), 
 20.10  and (e) clause (1), (2), (4), or (5); 
 20.11     (d) (4) is acquired by a spouse after the valuation date; 
 20.12  or 
 20.13     (e) (5) is excluded by a valid antenuptial contract. 
 20.14     Sec. 25.  Minnesota Statutes 2000, section 518.54, 
 20.15  subdivision 6, is amended to read: 
 20.16     Subd. 6.  [INCOME.] "Income" means any form of periodic 
 20.17  payment to an individual including, but not limited to, wages, 
 20.18  salaries, payments to an independent contractor, workers' 
 20.19  compensation, unemployment benefits, and annuity, military and 
 20.20  or naval retirement, pension and or disability payments.  
 20.21  "Income" does not include benefits received under Title IV-A of 
 20.22  the Social Security Act and or chapter 256J are not income under 
 20.23  this section. 
 20.24     Sec. 26.  Minnesota Statutes 2000, section 518.54, 
 20.25  subdivision 7, is amended to read: 
 20.26     Subd. 7.  [OBLIGEE.] "Obligee" means a person to whom 
 20.27  payments for maintenance or support are owed.  
 20.28     Sec. 27.  Minnesota Statutes 2000, section 518.54, 
 20.29  subdivision 8, is amended to read: 
 20.30     Subd. 8.  [OBLIGOR.] "Obligor" means a person obligated to 
 20.31  pay maintenance or support.  A person who is designated as the 
 20.32  sole physical custodian of a child is presumed not to be an 
 20.33  obligor for purposes of calculating current support under 
 20.34  section 518.551 unless the court makes specific written findings 
 20.35  to overcome this presumption. 
 20.36     Sec. 28.  Minnesota Statutes 2000, section 518.55, is 
 21.1   amended to read: 
 21.2      518.55 [MAINTENANCE OR SUPPORT MONEY.] 
 21.3      Subdivision 1.  [CONTENTS OF ORDER.] Every award of 
 21.4   maintenance or support money in a judgment of dissolution or 
 21.5   legal separation shall must clearly designate whether the 
 21.6   same it is maintenance or support money, or what part of the 
 21.7   award is maintenance and what part is support money.  An award 
 21.8   of payments from future income or earnings of the custodial 
 21.9   parent with whom the child resides is presumed to be maintenance 
 21.10  and an award of payments from the future income or earnings of 
 21.11  the noncustodial other parent is presumed to be support money, 
 21.12  unless otherwise designated by the court.  In a judgment of 
 21.13  dissolution or legal separation the court may determine, as one 
 21.14  of the issues of the case, whether or not either spouse is 
 21.15  entitled to an award of maintenance notwithstanding that no 
 21.16  award is then made, or it may reserve jurisdiction of the issue 
 21.17  of maintenance for determination at a later date. 
 21.18     Subd. 3.  [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] Every 
 21.19  obligor shall must notify the obligee and the public authority 
 21.20  responsible for collection, if applicable, of a change of 
 21.21  address or residence within 60 days of the address or residence 
 21.22  change.  Every order for support or maintenance must contain a 
 21.23  conspicuous notice complying with section 518.68, subdivision 
 21.24  2.  The court may waive or modify the requirements of this 
 21.25  subdivision by order if necessary to protect the obligor from 
 21.26  contact by the obligee. 
 21.27     Subd. 4.  [DETERMINATION OF CONTROLLING ORDER.] The public 
 21.28  authority or a party may request the district court to determine 
 21.29  a controlling order in situations in which more than one order 
 21.30  involving the same obligor and child exists. 
 21.31     Sec. 29.  Minnesota Statutes 2000, section 518.552, is 
 21.32  amended to read: 
 21.33     518.552 [MAINTENANCE.] 
 21.34     Subdivision 1.  [JURISDICTION; GROUNDS.] In a proceeding 
 21.35  for dissolution of marriage or legal separation, or in a 
 21.36  proceeding for maintenance following dissolution of the marriage 
 22.1   by a court which lacked personal jurisdiction over the absent 
 22.2   spouse and which has since acquired jurisdiction, the court may 
 22.3   grant a maintenance order for either spouse if it finds that the 
 22.4   spouse seeking maintenance: 
 22.5      (a) (1) lacks sufficient property, including marital 
 22.6   property apportioned to the spouse, to provide for reasonable 
 22.7   needs of the spouse considering the standard of living 
 22.8   established during the marriage, especially, but not limited to, 
 22.9   a period of training or education,; or 
 22.10     (b) (2) is unable to provide adequate self-support, after 
 22.11  considering the standard of living established during the 
 22.12  marriage and all relevant circumstances, through appropriate 
 22.13  employment, or is the custodian of if a child whose resides 
 22.14  with the spouse and the child's condition or circumstances make 
 22.15  it appropriate that the custodian spouse not be required to seek 
 22.16  employment outside the home. 
 22.17     Subd. 2.  [AMOUNT; DURATION.] The maintenance order shall 
 22.18  must be in amounts and for periods of time, either temporary or 
 22.19  permanent, as that the court deems just, without regard to 
 22.20  marital misconduct, and after considering all relevant factors 
 22.21  including: 
 22.22     (a) (1) the financial resources of the party seeking 
 22.23  maintenance, including marital property apportioned to the 
 22.24  party, and the party's ability to meet needs independently, 
 22.25  including the extent to which a provision for support of a child 
 22.26  living with the party includes a sum for that party as custodian 
 22.27  caretaker; 
 22.28     (b) (2) the time necessary to acquire sufficient education 
 22.29  or training to enable the party seeking maintenance to find 
 22.30  appropriate employment, and the probability, given the party's 
 22.31  age and skills, of completing education or training and becoming 
 22.32  fully or partially self-supporting; 
 22.33     (c) (3) the standard of living established during the 
 22.34  marriage; 
 22.35     (d) (4) the duration of the marriage and, in the case of a 
 22.36  homemaker, the length of absence from employment and the extent 
 23.1   to which any education, skills, or experience have become 
 23.2   outmoded and earning capacity has become permanently diminished; 
 23.3      (e) (5) the loss of earnings, seniority, retirement 
 23.4   benefits, and other employment opportunities forgone by the 
 23.5   spouse seeking spousal maintenance; 
 23.6      (f) (6) the age, and the physical and emotional condition 
 23.7   of the spouse seeking maintenance; 
 23.8      (g) (7) the ability of the spouse from whom maintenance is 
 23.9   sought to meet needs while meeting those of the spouse seeking 
 23.10  maintenance; and 
 23.11     (h) (8) the contribution of each party in the acquisition, 
 23.12  preservation, depreciation, or appreciation in the amount or 
 23.13  value of the marital property, as well as the contribution of a 
 23.14  spouse as a homemaker or in furtherance of the other party's 
 23.15  employment or business. 
 23.16     Subd. 3.  [PERMANENCY OF AWARD.] Nothing in This section 
 23.17  shall must not be construed to favor a temporary award of 
 23.18  maintenance over a permanent award, where if the factors under 
 23.19  subdivision 2 justify a permanent award. 
 23.20     Where If there is some uncertainty as to the necessity of a 
 23.21  permanent award, the court shall must order a permanent award 
 23.22  leaving its order open for later modification. 
 23.23     Subd. 4.  [REOPENING MAINTENANCE AWARDS.] Section 518.145, 
 23.24  subdivision 2, applies to maintenance awards of spousal 
 23.25  maintenance. 
 23.26     Subd. 5.  [PRIVATE AGREEMENTS.] The parties may expressly 
 23.27  preclude or limit modification of maintenance through a 
 23.28  stipulation, if the court makes specific findings that the 
 23.29  stipulation is fair and, equitable, is and supported by 
 23.30  consideration described in the findings, and that full 
 23.31  disclosure of each party's financial circumstances has 
 23.32  occurred.  The stipulation must be made a part of the judgment 
 23.33  and decree. 
 23.34     Sec. 30.  Minnesota Statutes 2000, section 518.58, is 
 23.35  amended to read: 
 23.36     518.58 [DIVISION OF MARITAL PROPERTY.] 
 24.1      Subdivision 1.  [GENERAL.] Upon a dissolution of a 
 24.2   marriage, an annulment, or in a proceeding for disposition of 
 24.3   property following a dissolution of marriage by a court which 
 24.4   lacked personal jurisdiction over the absent spouse or lacked 
 24.5   jurisdiction to dispose of the property and which has since 
 24.6   acquired jurisdiction, the court shall must make a just and 
 24.7   equitable division of the marital property of the parties 
 24.8   without regard to marital misconduct, after making findings 
 24.9   regarding the division of the property.  The court shall must 
 24.10  base its findings on all relevant factors including the length 
 24.11  of the marriage, any prior marriage of a party, the age, health, 
 24.12  station, occupation, amount and sources of income, vocational 
 24.13  skills, employability, estate, liabilities, needs, opportunity 
 24.14  for future acquisition of capital assets, and income of each 
 24.15  party.  The court shall must also consider the contribution of 
 24.16  each in the acquisition, preservation, depreciation, or 
 24.17  appreciation in the amount or value of the marital property, as 
 24.18  well as the contribution of a spouse as a homemaker.  It shall 
 24.19  be is conclusively presumed that each spouse made a substantial 
 24.20  contribution to the acquisition of income and property while 
 24.21  they were living together as husband and wife.  The court may 
 24.22  also award to either spouse the household goods and furniture of 
 24.23  the parties, whether or not acquired during the marriage.  The 
 24.24  court shall must value marital assets for purposes of division 
 24.25  between the parties as of the day of the initially scheduled 
 24.26  prehearing settlement conference, unless a different date is 
 24.27  agreed upon by the parties, or unless the court makes specific 
 24.28  findings that another date of valuation is fair and equitable.  
 24.29  If there is a substantial change in value of an asset between 
 24.30  the date of valuation and the final distribution, the court may 
 24.31  adjust the valuation of that asset as necessary to effect an 
 24.32  equitable distribution.  
 24.33     Subd. 1a.  [TRANSFER, ENCUMBRANCE, CONCEALMENT, OR 
 24.34  DISPOSITION OF MARITAL ASSETS.] In contemplation of commencing 
 24.35  or during the pendency of a marriage dissolution, separation, or 
 24.36  annulment proceeding, or in contemplation of commencing a 
 25.1   marriage dissolution, separation, or annulment proceeding, each 
 25.2   party owes a fiduciary duty to the other for any profit or loss 
 25.3   derived by the party, without the consent of the other, from a 
 25.4   transaction or from any use by the party of the marital assets.  
 25.5   If the court finds that a party to a marriage, without consent 
 25.6   of the other party, has in contemplation of commencing, or 
 25.7   during the pendency of, the current dissolution, separation, or 
 25.8   annulment proceeding, transferred, encumbered, concealed, or 
 25.9   disposed of marital assets except in the usual course of 
 25.10  business or for the necessities of life, the court shall must 
 25.11  compensate the other party by placing both parties in the same 
 25.12  position that they would have been in had the transfer, 
 25.13  encumbrance, concealment, or disposal not occurred.  The burden 
 25.14  of proof under this subdivision is on the party claiming that 
 25.15  the other party transferred, encumbered, concealed, or disposed 
 25.16  of marital assets in contemplation of commencing or during the 
 25.17  pendency of the current dissolution, separation, or annulment 
 25.18  proceeding, without consent of the claiming party, and that the 
 25.19  transfer, encumbrance, concealment, or disposal was not in the 
 25.20  usual course of business or for the necessities of life.  In 
 25.21  compensating a party under this section, the court, in dividing 
 25.22  the marital property, may impute the entire value of an asset 
 25.23  and a fair return on the asset to the party who transferred, 
 25.24  encumbered, concealed, or disposed of it.  Use of a power of 
 25.25  attorney, or the absence of a restraining order against the 
 25.26  transfer, encumbrance, concealment, or disposal of marital 
 25.27  property is not available as a defense under this subdivision. 
 25.28     Subd. 2.  [AWARD OF NONMARITAL PROPERTY.] If the court 
 25.29  finds that either spouse's resources or property, including the 
 25.30  spouse's portion of the marital property as defined in section 
 25.31  518.54, subdivision 5, are so inadequate as to work an unfair 
 25.32  hardship, considering all relevant circumstances, the court may, 
 25.33  in addition to the marital property, apportion up to one-half of 
 25.34  the property otherwise excluded under section 518.54, 
 25.35  subdivision 5, clauses (a) to (d), to prevent the unfair 
 25.36  hardship.  If the court apportions property other than marital 
 26.1   property, it shall must make findings in support of the 
 26.2   apportionment.  The findings shall must be based on all relevant 
 26.3   factors including the length of the marriage, any prior marriage 
 26.4   of a party, the age, health, station, occupation, amount and 
 26.5   sources of income, vocational skills, employability, estate, 
 26.6   liabilities, needs, and opportunity for future acquisition of 
 26.7   capital assets and income of each party. 
 26.8      Subd. 3.  [SALE OR DISTRIBUTION WHILE PROCEEDING PENDING.] 
 26.9   (a) If the court finds that it is necessary to preserve the 
 26.10  marital assets of the parties, the court may order the sale of 
 26.11  the homestead of the parties or the sale of other marital 
 26.12  assets, as the individual circumstances may require, during the 
 26.13  pendency of a proceeding for a dissolution of marriage or an 
 26.14  annulment.  If the court orders a sale, it may further provide 
 26.15  for the disposition of the funds received from the sale during 
 26.16  the pendency of the proceeding. If liquid or readily liquidated 
 26.17  marital property other than property representing vested pension 
 26.18  benefits or rights is available, the court, so far as possible, 
 26.19  shall must divide the property representing vested pension 
 26.20  benefits or rights by the disposition of an equivalent amount of 
 26.21  the liquid or readily liquidated property.  
 26.22     (b) The court may order a partial distribution of marital 
 26.23  assets during the pendency of a proceeding for a dissolution of 
 26.24  marriage or an annulment for good cause shown or upon the 
 26.25  request of both parties, provided that as long as the court 
 26.26  shall fully protect protects the interests of the other party. 
 26.27     Subd. 4.  [PENSION PLANS.] (a) The division of marital 
 26.28  property that represents pension plan benefits or rights in the 
 26.29  form of future pension plan payments:  
 26.30     (1) is payable only to the extent of the amount of the 
 26.31  pension plan benefit payable under the terms of the plan; 
 26.32     (2) is not payable for a period that exceeds the time that 
 26.33  pension plan benefits are payable to the pension plan benefit 
 26.34  recipient; 
 26.35     (3) is not payable in a lump sum amount from pension plan 
 26.36  assets attributable in any fashion to a spouse with the status 
 27.1   of an active member, deferred retiree, or benefit recipient of a 
 27.2   pension plan; 
 27.3      (4) if the former spouse to whom the payments are to be 
 27.4   made dies prior to the end of the specified payment period with 
 27.5   the right to any remaining payments accruing to an estate or to 
 27.6   more than one survivor, is payable only to a trustee on behalf 
 27.7   of the estate or the group of survivors for subsequent 
 27.8   apportionment by the trustee; and 
 27.9      (5) in the case of public pension plan benefits or rights, 
 27.10  may not commence until the public plan member submits a valid 
 27.11  application for a public pension plan benefit and the benefit 
 27.12  becomes payable. 
 27.13     (b) The An individual retirement account plans plan 
 27.14  established under chapter 354B may provide in its plan document, 
 27.15  if published and made generally available, for an alternative 
 27.16  marital property division or distribution of individual 
 27.17  retirement account plan assets.  If an alternative division or 
 27.18  distribution procedure is provided, it applies in place of 
 27.19  paragraph (a), clause (5). 
 27.20     Sec. 31.  Minnesota Statutes 2000, section 518.581, is 
 27.21  amended to read: 
 27.22     518.581 [SURVIVING SPOUSE BENEFIT.] 
 27.23     Subdivision 1.  [AWARD OF BENEFIT.] If a current or former 
 27.24  employee's marriage is dissolved, the court may order the 
 27.25  employee, the employee's pension plan, or both, to pay amounts 
 27.26  as part of the division of pension rights that the court may 
 27.27  make under section 518.58, or as an award of maintenance in the 
 27.28  form of a percentage of periodic or other payments or in the 
 27.29  form of a fixed dollar amount.  The court may, as part of the 
 27.30  order, award a former spouse all or part of a survivor benefit 
 27.31  unless the plan does not allow by law the payment of a surviving 
 27.32  spouse benefit to a former spouse. 
 27.33     Subd. 2.  [PAYMENT OF FUNDS BY RETIREMENT PLAN.] (a) If the 
 27.34  court has ordered that a spouse has an interest in a pension 
 27.35  plan, the court may order the pension plan to withhold payment 
 27.36  of a refund upon termination of employment or lump sum 
 28.1   distribution to the extent of the spouse's interest in the plan, 
 28.2   or to provide survivor benefits ordered by the court.  
 28.3      (b) The court may not order the pension plan to:  
 28.4      (1) pay more than the equivalent of one surviving spouse 
 28.5   benefit, regardless of the number of spouses or former spouses 
 28.6   who may be sharing in a portion of the total benefit; 
 28.7      (2) pay surviving spouse benefits under circumstances where 
 28.8   the plan member does not have a right to elect surviving spouse 
 28.9   benefits; 
 28.10     (3) pay surviving spouse benefits to a former spouse if the 
 28.11  former spouse would not be eligible for benefits under the terms 
 28.12  of the plan; or 
 28.13     (4) order survivor benefits which, when combined with the 
 28.14  annuity or benefit payable to the pension plan member, exceed 
 28.15  the actuarial equivalent value of the normal retirement annuity 
 28.16  form, determined under the plan documents of the pension plan 
 28.17  then in effect and the actuarial assumptions then in effect for 
 28.18  calculating optional annuity forms by the pension plan or for 
 28.19  calculating the funding requirements of the pension plan if no 
 28.20  optional annuity forms are provided by the pension plan. 
 28.21     (c) If more than one spouse or former spouse is entitled to 
 28.22  a surviving spouse benefit, the pension plan shall must pay each 
 28.23  spouse a portion of the benefit based on the ratio of the number 
 28.24  of years the spouse was married to the plan member to the total 
 28.25  number of years the plan member was married to spouses who are 
 28.26  entitled to the benefit. 
 28.27     Subd. 3.  [NOTICE TO FORMER SPOUSE.] A pension plan 
 28.28  shall must notify a former spouse of an application by the 
 28.29  employee for a refund of pension benefits if the former spouse 
 28.30  has filed with the pension plan: 
 28.31     (1) a copy of the court order, including a withholding 
 28.32  order, determining the former spouse's rights; 
 28.33     (2) the name and last known address of the employee; and 
 28.34     (3) the name and address of the former spouse. 
 28.35     A pension plan shall must comply with an order, including a 
 28.36  withholding order, issued by a court having jurisdiction over 
 29.1   dissolution of marriage that is served on the pension plan, if 
 29.2   the order states the name, last known address of the payees, and 
 29.3   name and address of the former spouse, or if the names and 
 29.4   addresses are provided to the pension plan with service of the 
 29.5   order. 
 29.6      Subd. 4.  [DEFINITIONS.] For purposes of The definitions in 
 29.7   this subdivision apply to this section, the following terms have 
 29.8   the meanings given in this subdivision. 
 29.9      (a) "Current or former employee" or "employee" means an 
 29.10  individual who has an interest in a pension plan. 
 29.11     (b) "Surviving spouse benefit" means (1) a benefit a 
 29.12  surviving spouse may be eligible for under the laws and bylaws 
 29.13  of the pension plan if the employee dies before retirement, or 
 29.14  (2) a benefit selected for or available to a surviving spouse 
 29.15  under the laws and bylaws of the pension plan upon the death of 
 29.16  the employee after retirement. 
 29.17     Sec. 32.  Minnesota Statutes 2000, section 518.582, is 
 29.18  amended to read: 
 29.19     518.582 [PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.] 
 29.20     Subdivision 1.  [APPOINTMENT OF ACTUARY.] Each A court of 
 29.21  this state that has with jurisdiction to decide marriage 
 29.22  dissolution matters may appoint a qualified person experienced 
 29.23  in the valuation of pension benefits and rights to function as 
 29.24  an expert witness in valuing pension benefits or rights. 
 29.25     Subd. 2.  [STANDARDS.] A court appointed actuary shall must 
 29.26  determine the present value of pension benefits or rights that 
 29.27  are marital property of the parties to the action based on the 
 29.28  applicable plan documents of the pension plan and the applicable 
 29.29  actuarial assumptions specified for use in calculating optional 
 29.30  annuity forms by the pension plan or for funding the pension 
 29.31  plan, if reasonable, or as specified by the court.  The court 
 29.32  appointed actuary shall must report to the court and to the 
 29.33  parties the present value of the pension benefits or rights that 
 29.34  are marital property. 
 29.35     Subd. 3.  [COMPENSATION.] The court appointed actuary may 
 29.36  be compensated at a rate established by the court.  The 
 30.1   compensation of the court appointed actuary shall must be 
 30.2   allocated between the parties as the court directs. 
 30.3      Subd. 4.  [STIPULATION.] In lieu of valuing pension 
 30.4   benefits or rights through use of the court appointed actuary, 
 30.5   the parties may stipulate the present value of pension benefits 
 30.6   or rights that are marital property. 
 30.7      Sec. 33.  Minnesota Statutes 2000, section 518.62, is 
 30.8   amended to read: 
 30.9      518.62 [TEMPORARY MAINTENANCE.] 
 30.10     Temporary maintenance and temporary support may be awarded 
 30.11  as provided in section 518.131.  The court may also award to 
 30.12  either party to the proceeding, having due regard to all the 
 30.13  circumstances and the party awarded the custody of the children, 
 30.14  the right to the exclusive use of the household goods and 
 30.15  furniture of the parties pending the proceeding and the right to 
 30.16  the use of the homestead of the parties, exclusive or otherwise, 
 30.17  pending the proceeding.  The court may order either party to 
 30.18  remove from the homestead of the parties upon proper application 
 30.19  to the court for an order pending the proceeding.  
 30.20     Sec. 34.  Minnesota Statutes 2000, section 518.64, 
 30.21  subdivision 1, is amended to read: 
 30.22     Subdivision 1.  [AUTHORITY.] After an order for temporary 
 30.23  or permanent maintenance or support money, temporary or 
 30.24  permanent, or for the appointment of trustees to receive 
 30.25  property awarded as maintenance or support money, the court may 
 30.26  from time to time, on motion of either of the parties, a copy of 
 30.27  which is served on the public authority responsible for child 
 30.28  support enforcement if payments are made through it, or on 
 30.29  motion of the public authority responsible for support 
 30.30  enforcement, modify the order respecting the amount of 
 30.31  maintenance or support money, and the its payment of it, and 
 30.32  also respecting the or appropriation and payment of the 
 30.33  principal and income of property held in trust, and may make an 
 30.34  order respecting these matters which it might have made in the 
 30.35  original proceeding, except as herein otherwise provided subject 
 30.36  to subdivisions 2 to 5.  A party or the public authority also 
 31.1   may bring a motion for contempt of court if the obligor is in 
 31.2   arrears in support or maintenance payments. 
 31.3      Sec. 35.  Minnesota Statutes 2000, section 518.64, 
 31.4   subdivision 2, is amended to read: 
 31.5      Subd. 2.  [MODIFICATION.] (a) The terms of an order 
 31.6   respecting maintenance or support may be modified upon a showing 
 31.7   of one or more of the following:  (1) substantially increased or 
 31.8   decreased earnings of a party; (2) substantially increased or 
 31.9   decreased need of a party or the child or children that are the 
 31.10  subject of these proceedings; (3) receipt of assistance under 
 31.11  the AFDC program formerly codified under sections 256.72 to 
 31.12  256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 
 31.13  change in the cost of living for either party as measured by the 
 31.14  federal bureau of statistics, any of which makes the terms 
 31.15  unreasonable and unfair; (5) extraordinary medical expenses of 
 31.16  the child not provided for under section 518.171; or (6) the 
 31.17  addition of work-related or education-related child care 
 31.18  expenses of the obligee or a substantial increase or decrease in 
 31.19  existing work-related or education-related child care expenses.  
 31.20     On a motion to modify support, the needs of any child the 
 31.21  obligor has after the entry of the support order that is the 
 31.22  subject of a modification motion shall be considered as provided 
 31.23  by section 518.551, subdivision 5f. 
 31.24     (b) It is presumed that there has been a substantial change 
 31.25  in circumstances under paragraph (a) and the terms of a current 
 31.26  support order shall be rebuttably presumed to be unreasonable 
 31.27  and unfair if: 
 31.28     (1) the application of the child support guidelines in 
 31.29  section 518.551, subdivision 5, to the current circumstances of 
 31.30  the parties results in a calculated court order that is at least 
 31.31  20 percent and at least $50 per month higher or lower than the 
 31.32  current support order; 
 31.33     (2) the medical support provisions of the order established 
 31.34  under section 518.171 are not enforceable by the public 
 31.35  authority or the custodial parent; 
 31.36     (3) health coverage ordered under section 518.171 is not 
 32.1   available to the child for whom the order is established by the 
 32.2   parent ordered to provide; or 
 32.3      (4) the existing support obligation is in the form of a 
 32.4   statement of percentage and not a specific dollar amount.  
 32.5      (c) (b) On a motion for modification of maintenance, 
 32.6   including a motion for the extension of the duration of a 
 32.7   maintenance award, the court shall must apply, in addition to 
 32.8   all other relevant factors, the factors for an award of 
 32.9   maintenance under section 518.552 that exist at the time of the 
 32.10  motion.  On a motion for modification of support, the court:  
 32.11     (1) shall apply section 518.551, subdivision 5, and shall 
 32.12  not consider the financial circumstances of each party's spouse, 
 32.13  if any; and 
 32.14     (2) shall not consider compensation received by a party for 
 32.15  employment in excess of a 40-hour work week, provided that the 
 32.16  party demonstrates, and the court finds, that: 
 32.17     (i) the excess employment began after entry of the existing 
 32.18  support order; 
 32.19     (ii) the excess employment is voluntary and not a condition 
 32.20  of employment; 
 32.21     (iii) the excess employment is in the nature of additional, 
 32.22  part-time employment, or overtime employment compensable by the 
 32.23  hour or fractions of an hour; 
 32.24     (iv) the party's compensation structure has not been 
 32.25  changed for the purpose of affecting a support or maintenance 
 32.26  obligation; 
 32.27     (v) in the case of an obligor, current child support 
 32.28  payments are at least equal to the guidelines amount based on 
 32.29  income not excluded under this clause; and 
 32.30     (vi) in the case of an obligor who is in arrears in child 
 32.31  support payments to the obligee, any net income from excess 
 32.32  employment must be used to pay the arrearages until the 
 32.33  arrearages are paid in full. 
 32.34     (d) (c) A modification of support or maintenance, including 
 32.35  interest that accrued pursuant to section 548.091, may be made 
 32.36  retroactive only with respect to any period during which the 
 33.1   petitioning party has pending a motion for modification but only 
 33.2   from the date of service of notice of the motion on the 
 33.3   responding party and on the public authority if public 
 33.4   assistance is being furnished or the county attorney is the 
 33.5   attorney of record.  However, modification may be applied to an 
 33.6   earlier period if the court makes express findings that:  
 33.7      (1) the party seeking modification was precluded from 
 33.8   serving a motion by reason of a significant physical or mental 
 33.9   disability, a material misrepresentation of another party, or 
 33.10  fraud upon the court and that the party seeking modification, 
 33.11  when no longer precluded, promptly served a motion; 
 33.12     (2) the party seeking modification was a recipient of 
 33.13  federal Supplemental Security Income (SSI), Title II Older 
 33.14  Americans, Survivor's Disability Insurance (OASDI), other 
 33.15  disability benefits, or public assistance based upon need during 
 33.16  the period for which retroactive modification is sought; or 
 33.17     (3) the order for which the party seeks amendment was 
 33.18  entered by default, the party shows good cause for not 
 33.19  appearing, and the record contains no factual evidence, or 
 33.20  clearly erroneous evidence regarding the individual obligor's 
 33.21  ability to pay.  
 33.22     The court may provide that a reduction in the amount 
 33.23  allocated for child care expenses based on a substantial 
 33.24  decrease in the expenses is effective as of the date the 
 33.25  expenses decreased. 
 33.26     (e) (d) Except for an award of the right of occupancy of 
 33.27  the homestead, provided in under section 518.63, all divisions 
 33.28  of real and personal property provided by section 518.58 shall 
 33.29  be are final, and may be revoked or modified only where if the 
 33.30  court finds the existence of conditions that justify reopening a 
 33.31  judgment under the laws of this state, including motions under 
 33.32  section 518.145, subdivision 2.  The court may impose a lien or 
 33.33  charge on the divided property at any time while the property, 
 33.34  or subsequently acquired property, is owned by the parties or 
 33.35  either of them, for the payment of maintenance or support money, 
 33.36  or may sequester the property as is provided by under section 
 34.1   518.24. 
 34.2      (f) (e) The court need not hold an evidentiary hearing on a 
 34.3   motion for modification of maintenance or support. 
 34.4      (g) (f) Section 518.14 shall govern governs the award of 
 34.5   attorney fees for motions brought under this subdivision. 
 34.6      Sec. 36.  Minnesota Statutes 2000, section 518.641, is 
 34.7   amended to read: 
 34.8      518.641 [COST-OF-LIVING ADJUSTMENTS IN MAINTENANCE OR CHILD 
 34.9   SUPPORT ORDER.] 
 34.10     Subdivision 1.  [REQUIREMENT.] An order for maintenance or 
 34.11  child support shall must provide for a biennial adjustment in 
 34.12  the amount to be paid based on a change in the cost of living.  
 34.13  An order that provides for a cost-of-living adjustment shall 
 34.14  must specify the cost-of-living index to be applied and the date 
 34.15  on which the cost-of-living adjustment shall become becomes 
 34.16  effective.  The court may use the consumer price index for all 
 34.17  urban consumers, Minneapolis-St. Paul (CPI-U), the consumer 
 34.18  price index for wage earners and clerical, Minneapolis-St. Paul 
 34.19  (CPI-W), or another cost-of-living index published by the 
 34.20  department of labor which it specifically finds is more 
 34.21  appropriate.  Cost-of-living increases under this section shall 
 34.22  must be compounded.  The court may also increase the amount by 
 34.23  more than the cost-of-living adjustment by agreement of the 
 34.24  parties or by making further findings.  The adjustment becomes 
 34.25  effective on the first of May of the year in which it is made, 
 34.26  for cases in which payment is made to the public authority.  For 
 34.27  cases in which payment is not made to the public authority, 
 34.28  application for an adjustment may be made in any month but no 
 34.29  application for an adjustment may be made sooner than two years 
 34.30  after the date of the dissolution decree.  A court may waive the 
 34.31  requirement of the cost-of-living clause if it expressly finds 
 34.32  that the obligor's occupation or income, or both, does not 
 34.33  provide for cost-of-living adjustment or that the order for 
 34.34  maintenance or child support has a provision such as a step 
 34.35  increase that has the effect of a cost-of-living clause.  The 
 34.36  court may waive a cost-of-living adjustment in a maintenance 
 35.1   order if the parties so agree in writing.  The commissioner of 
 35.2   human services may promulgate rules for child support 
 35.3   adjustments under this section in accordance with the rulemaking 
 35.4   provisions of chapter 14.  Notice of this statute must comply 
 35.5   with section 518.68, subdivision 2. 
 35.6      Subd. 2.  [CONDITIONS.] No adjustment under this section 
 35.7   may be made unless the order provides for it and until 
 35.8      (a) the following conditions are met:  
 35.9      (a) (1) the obligee serves notice of the application for 
 35.10  adjustment by mail on the obligor at the obligor's last known 
 35.11  address at least 20 days before the effective date of the 
 35.12  adjustment; 
 35.13     (b) (2) the notice to the obligor informs the obligor of 
 35.14  the date on which the adjustment in payments will become 
 35.15  effective; and 
 35.16     (c) (3) after receipt of notice and before the effective 
 35.17  day of the adjustment, the obligor fails to request a hearing on 
 35.18  the issue of whether the adjustment should take effect, and ex 
 35.19  parte, to stay imposition of the adjustment pending outcome of 
 35.20  the hearing; or 
 35.21     (d) (b) the public authority sends notice of its 
 35.22  application for adjustment to the obligor at the obligor's last 
 35.23  known address at least 20 days before the effective date of the 
 35.24  adjustment, and the notice informs the obligor of the date on 
 35.25  which the adjustment will become effective and the procedures 
 35.26  for contesting the adjustment according to section 484.702. 
 35.27     Subd. 3.  [RESULT OF HEARING.] If, at a hearing pursuant to 
 35.28  this section, the obligor establishes an insufficient cost of 
 35.29  living or other increase in income that prevents fulfillment of 
 35.30  the adjusted maintenance or child support obligation, the court 
 35.31  may direct that all or part of the adjustment not take effect.  
 35.32  If, at the hearing, the obligor does not establish this 
 35.33  insufficient increase in income, the adjustment shall must take 
 35.34  effect as of the date it would have become effective had no 
 35.35  hearing been requested.  
 35.36     Subd. 4.  [FORM.] The department of human services shall 
 36.1   prepare and make available to the court and obligors a form to 
 36.2   be submitted to the department by the obligor in support of a 
 36.3   request for hearing under this section regarding a child support 
 36.4   order.  
 36.5      Subd. 5.  [REQUEST FOR COST-OF-LIVING CLAUSE.] A motion for 
 36.6   enforcement or modification of an existing maintenance or child 
 36.7   support order shall must include a request for a cost-of-living 
 36.8   clause.  The court may deny the request only upon an express 
 36.9   finding that the obligor's occupation, income, or both, does not 
 36.10  provide for a cost-of-living adjustment or that the existing 
 36.11  maintenance or child support order either has a cost-of-living 
 36.12  clause or sets forth a step increase which has the effect of a 
 36.13  cost-of-living adjustment. 
 36.14     Sec. 37.  Minnesota Statutes 2000, section 518.642, is 
 36.15  amended to read: 
 36.16     518.642 [OVERPAYMENTS.] 
 36.17     If child support or maintenance is not assigned under 
 36.18  section 256.741, and an obligor has overpaid a child support or 
 36.19  maintenance obligation because of a modification or error in the 
 36.20  amount owed, the public authority shall must: 
 36.21     (1) apply the amount of the overpayment to reduce the 
 36.22  amount of any child support or maintenance-related arrearages or 
 36.23  debts owed to the obligee; and 
 36.24     (2) if an overpayment exists after the reduction of any 
 36.25  arrearage or debt, reduce the amount of the child 
 36.26  support maintenance remitted to the obligee by an amount no 
 36.27  greater than 20 percent of the current monthly support or 
 36.28  maintenance obligation and remit this amount to the obligor 
 36.29  until the overpayment is reduced to zero. 
 36.30     Sec. 38.  [518.643] [MAINTENANCE PAYMENT ENFORCEMENT.] 
 36.31     The enforcement requirements and procedures in sections 
 36.32  518.551, subdivisions 1, 12, 13, 13a, and 14, 518.5511, 
 36.33  518.6111, 518.614, 518.615, 518.616, and 518.617, apply to 
 36.34  maintenance payments as well as child support obligations. 
 36.35     Sec. 39.  Minnesota Statutes 2000, section 518.646, is 
 36.36  amended to read: 
 37.1      518.646 [NOTICE OF ORDER.] 
 37.2      Whenever these laws require If a law requires service of a 
 37.3   court's order on an employer, union, or payor of funds, service 
 37.4   of a verified notice of order may be made in lieu thereof of the 
 37.5   order.  The verified notice shall must contain the title of the 
 37.6   action, the name of the court, the court file number, the date 
 37.7   of the court order, and shall recite the operative provisions of 
 37.8   the order. 
 37.9      Sec. 40.  Minnesota Statutes 2000, section 518.65, is 
 37.10  amended to read: 
 37.11     518.65 [PROPERTY; SALE, PARTITION.] 
 37.12     In order to effect a division or award of property as is 
 37.13  provided by under section 518.58, the court may order property 
 37.14  sold or partitioned.  Personal property may be ordered sold in 
 37.15  the manner directed by the court, and real estate may be 
 37.16  partitioned in the manner provided by Minnesota Statutes 1949, 
 37.17  chapter 558. 
 37.18     Sec. 41.  [INSTRUCTION TO REVISOR.] 
 37.19     The revisor of statutes must renumber the sections in 
 37.20  Minnesota Statutes 2000 listed in column A as indicated in 
 37.21  column B and correct cross-references to those sections 
 37.22  throughout Minnesota Statutes and Minnesota Rules. 
 37.23               A                 B 
 37.24            518.002              517A.02, subd. 5 
 37.25            518.003              517A.01 
 37.26            518.005              517A.02 
 37.27            518.01               517A.05 
 37.28            518.02               517A.08 
 37.29            518.03               517A.09 
 37.30            518.04               517A.10 
 37.31            518.05               517A.11 
 37.32            518.055              517A.12 
 37.33            518.06               517A.15 
 37.34            518.07               517A.16 
 37.35            518.09               517A.17 
 37.36            518.091              517A.18 
 38.1             518.10               517A.19 
 38.2             518.11               517A.20 
 38.3             518.12               517A.21 
 38.4             518.13               517A.22 
 38.5             518.131              517A.03 
 38.6             518.14               517A.04 
 38.7             518.145              517A.23 
 38.8             518.146              517A.24 
 38.9             518.148              517A.26 
 38.10            518.191              517A.27 
 38.11            518.195              517A.28 
 38.12            518.24               517A.29 
 38.13            518.25               517A.30 
 38.14            518.27               517A.31 
 38.15            518.54, subd. 1      517A.32, subd. 1 
 38.16            518.54, subd. 2a     517A.32, subd. 2 
 38.17            518.54, subd. 2b     517A.32, subd. 3 
 38.18            518.54, subd. 3      517A.32, subd. 4 
 38.19            518.54, subd. 4      517A.32, subd. 5 
 38.20            518.54, subd. 5      517A.32, subd. 6 
 38.21            518.54, subd. 6      517A.32, subd. 7 
 38.22            518.54, subd. 7      517A.32, subd. 8 
 38.23            518.54, subd. 8      517A.32, subd. 9 
 38.24            518.54, subd. 9      517A.32, subd. 10 
 38.25            518.54, subd. 10     517A.32, subd. 11 
 38.26            518.54, subd. 11     517A.32, subd. 12 
 38.27            518.54, subd. 12     517A.32, subd. 13 
 38.28            518.55               517A.34 
 38.29            518.552              517A.33 
 38.30            518.58               517A.35 
 38.31            518.581              517A.36 
 38.32            518.582              517A.37 
 38.33            518.583              517A.38 
 38.34            518.62               517A.40 
 38.35            518.63               517A.41 
 38.36            518.64               517A.42 
 39.1             518.641, subd. 1     517A.43, subd. 1 
 39.2             518.641, subd. 2     517A.43, subd. 2 
 39.3             518.641, subd. 3     517A.43, subd. 3 
 39.4             518.641, subd. 4     517A.43, subd. 4 
 39.5             518.642              517A.44 
 39.6             518.646              517A.06 
 39.7             518.65               517A.46 
 39.8             518.68               517A.07 
 39.9      Sec. 42.  [REPEALER.] 
 39.10     Minnesota Statutes 2000, section 518.64, subdivisions 4, 
 39.11  4a, and 5, are repealed. 
 39.12                             ARTICLE 2
 39.13              CUSTODY, PARENTING TIME, AND VISITATION 
 39.14                              GENERAL 
 39.15     Section 1.  [517B.01] [DEFINITIONS.] 
 39.16     Subdivision 1.  [SCOPE.] The definitions in this section 
 39.17  apply to this chapter.  
 39.18     Sec. 2.  [517B.03] [TEMPORARY ORDERS RELATING TO CUSTODY 
 39.19  AND PARENTING TIME.] 
 39.20     (a) A temporary order for custody or parenting time may be 
 39.21  sought under section 518.131.  
 39.22     (b) A party seeking a temporary custody order must submit 
 39.23  with moving papers an affidavit setting forth facts supporting 
 39.24  the requested order.  The party must give notice and a copy of 
 39.25  the affidavit to other parties to the proceeding, who may file 
 39.26  opposing affidavits. 
 39.27     Sec. 3.  [517B.04] [CUSTODY AND PARENTING TIME NOTICES.] 
 39.28     A court order or judgment and decree concerning custody of 
 39.29  or parenting time with a minor child must contain the notice set 
 39.30  out in section 517C.99, subdivision 3. 
 39.31     Sec. 4.  [517B.05] [ATTORNEY FEES, COSTS, AND 
 39.32  DISBURSEMENTS.] 
 39.33     Attorney fees, costs, and disbursements must be awarded in 
 39.34  a proceeding under this chapter as provided by section 518.14. 
 39.35     Sec. 5.  [517B.17] [CUSTODY OF CHILDREN.] 
 39.36     Subdivision 1.  [CUSTODY ORDER.] Upon adjudging the nullity 
 40.1   of a marriage, in a dissolution or legal separation proceeding, 
 40.2   or in a child custody proceeding, the court must make a further 
 40.3   order as it deems just and proper concerning: 
 40.4      (1) the legal custody of each minor child of the parties, 
 40.5   which must be sole or joint; and 
 40.6      (2) their physical custody and residence. 
 40.7      Subd. 2.  [STANDARD; PREFERENCE PROHIBITED.] In determining 
 40.8   custody, the court must consider the best interests of the child 
 40.9   and must not prefer one parent over the other solely on the 
 40.10  basis of the sex of the parent. 
 40.11     Subd. 3.  [THE BEST INTERESTS OF THE CHILD; FACTORS.] "The 
 40.12  best interests of the child" means all relevant factors to be 
 40.13  considered and evaluated by the court including: 
 40.14     (1) the wishes of the child's parent or parents as to 
 40.15  custody; 
 40.16     (2) the reasonable preference of the child, if the court 
 40.17  deems the child to be of sufficient age to express a preference; 
 40.18     (3) the child's primary caretaker; 
 40.19     (4) the intimacy of the relationship between each parent 
 40.20  and the child; 
 40.21     (5) the interaction and interrelationship of the child with 
 40.22  a parent or parents, siblings, and any other person who may 
 40.23  significantly affect the child's best interests; 
 40.24     (6) the child's adjustment to home, school, and community; 
 40.25     (7) the length of time the child has lived in a stable, 
 40.26  satisfactory environment and the desirability of maintaining 
 40.27  continuity; 
 40.28     (8) the permanence, as a family unit, of the existing or 
 40.29  proposed home; 
 40.30     (9) the mental and physical health of all individuals 
 40.31  involved; except that a disability, as defined in section 
 40.32  363.01, of a parent or the child is not determinative of the 
 40.33  custody of the child, unless the proposed custodial arrangement 
 40.34  is not in the best interest of the child; 
 40.35     (10) the capacity and disposition of the parties to give 
 40.36  the child love, affection, and guidance, and to continue 
 41.1   educating and raising the child in the child's culture and 
 41.2   religion or creed, if any; 
 41.3      (11) the child's cultural background; 
 41.4      (12) the effect on the child of the actions of an abuser, 
 41.5   if related to domestic abuse, as defined in section 518B.01, 
 41.6   that has occurred between the parents or between a parent and 
 41.7   another individual, whether or not the individual alleged to 
 41.8   have committed domestic abuse is or ever was a family or 
 41.9   household member of the parent; 
 41.10     (13) except in cases in which a finding of domestic abuse 
 41.11  as defined in section 518B.01 has been made, the disposition of 
 41.12  each parent to encourage and permit frequent and continuing 
 41.13  contact by the other parent with the child; and 
 41.14     (14) evidence of a violation of section 609.507. 
 41.15     Subd. 4.  [BEST INTERESTS DETERMINATION.] The court must 
 41.16  make detailed findings on each of the factors in subdivision 3 
 41.17  and explain how the factors led to its conclusion and to the 
 41.18  determination of the best interests of the child.  In 
 41.19  determining the best interests of a child, the court may not use 
 41.20  one factor in subdivision 3 to the exclusion of all others.  The 
 41.21  primary caretaker factor may not be used as a presumption in 
 41.22  determining the best interests of the child.  The court may not 
 41.23  consider conduct of a parent that does not affect the parent's 
 41.24  relationship to the child. 
 41.25     Sec. 6.  [517B.18] [JOINT CUSTODY.] 
 41.26     Subdivision 1.  [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 
 41.27  addition to the factors listed in section 517B.17, if either 
 41.28  joint legal or joint physical custody is sought, the court must 
 41.29  consider the following relevant factors: 
 41.30     (1) the ability of parents to cooperate in the rearing of 
 41.31  their child; 
 41.32     (2) methods for resolving disputes regarding any major 
 41.33  decision concerning the life of the child, and the parents' 
 41.34  willingness to use those methods; 
 41.35     (3) whether it would be detrimental to the child if one 
 41.36  parent were to have sole authority over the child's upbringing; 
 42.1   and 
 42.2      (4) whether domestic abuse, as defined in section 518B.01, 
 42.3   has occurred between the parents. 
 42.4      Subd. 2.  [PRESUMPTIONS; FINDINGS.] (a) The court must use 
 42.5   a rebuttable presumption that upon request of either or both 
 42.6   parties, joint legal custody is in the best interests of the 
 42.7   child.  However, the court must use a rebuttable presumption 
 42.8   that joint legal or physical custody is not in the best 
 42.9   interests of the child if domestic abuse, as defined in section 
 42.10  518B.01, has occurred between the parents. 
 42.11     (b) If the court awards joint legal or physical custody 
 42.12  over the objection of a party, the court must make detailed 
 42.13  findings on each of the factors in this section and explain how 
 42.14  the factors led to its determination that joint custody would be 
 42.15  in the best interests of the child. 
 42.16     Subd. 3.  [JOINT CUSTODY; SUPPORT GUIDELINES.] An award of 
 42.17  joint legal custody is not a reason for departure from the 
 42.18  support guidelines in section 518.551, subdivision 5. 
 42.19     Sec. 7.  [517B.19] [CUSTODY; ACCESS RIGHTS OF PARENTS; 
 42.20  LIMITATIONS.] 
 42.21     Subdivision 1.  [ACCESS; LIMITATIONS.] (a) Whether sole or 
 42.22  joint legal custody is ordered, the court must grant the 
 42.23  following rights to each of the parties, unless specific 
 42.24  findings are made under section 518.68, subdivision 1.  Each 
 42.25  party: 
 42.26     (1) has the right of access to, and to receive copies of, a 
 42.27  minor child's school, medical, dental, religious training, and 
 42.28  other important records and information; 
 42.29     (2) has the right of access to information regarding health 
 42.30  or dental insurance available to a minor child; 
 42.31     (3) must keep the other party informed as to the name and 
 42.32  address of the school a minor child attends; 
 42.33     (4) must notify the other party, in the case of an accident 
 42.34  or serious illness of a minor child, of the accident or illness, 
 42.35  and the name of the health care provider and the place of 
 42.36  treatment; and 
 43.1      (5) has the right to reasonable access and telephone 
 43.2   contact with a minor child. 
 43.3      (b) Each party has the right to be informed by school 
 43.4   officials about a child's welfare, educational progress and 
 43.5   status, and to attend school and parent-teacher conferences.  
 43.6   The school is not required to hold a separate conference for 
 43.7   each party. 
 43.8      (c) The court may waive any of the rights under this 
 43.9   subdivision if it finds it is necessary to protect the welfare 
 43.10  of a party or child. 
 43.11     Sec. 8.  Minnesota Statutes 2000, section 518.003, 
 43.12  subdivision 3, is amended to read: 
 43.13     Subd. 3.  [CUSTODY.] Unless otherwise agreed by the parties:
 43.14     (a) "Legal custody" means the right to determine the 
 43.15  child's upbringing, including education, health care, and 
 43.16  religious training.  
 43.17     (b) "Joint legal custody" means that both parents have 
 43.18  equal rights and responsibilities, including the right to 
 43.19  participate in major decisions determining the child's 
 43.20  upbringing, including education, health care, and religious 
 43.21  training.  
 43.22     (c) "Physical custody and residence" means the routine 
 43.23  daily care and control and the residence of the child.  
 43.24     (d) "Joint physical custody" means that the routine daily 
 43.25  care and control and the residence of the child is structured 
 43.26  between the parties.  
 43.27     (e) Wherever used in this chapter, the term "Custodial 
 43.28  parent" or "custodian" means the person who has the physical 
 43.29  custody of the child at any particular time.  
 43.30     (f) "Custody determination" means a court decision and 
 43.31  court orders and instructions providing for the custody of a 
 43.32  child, including parenting time, but does not include a decision 
 43.33  relating to child support or any other monetary obligation of 
 43.34  any person.  
 43.35     (g) "Custody proceeding" includes proceedings in which a 
 43.36  custody determination is one of several issues, such as an 
 44.1   action for dissolution, divorce, or separation, and includes 
 44.2   proceedings involving children who are in need of protection or 
 44.3   services, domestic abuse, and paternity. 
 44.4      Sec. 9.  Minnesota Statutes 2000, section 518.155, is 
 44.5   amended to read: 
 44.6      518.155 [CUSTODY DETERMINATIONS AND PARENTING TIME 
 44.7   JURISDICTION.] 
 44.8      Notwithstanding any law to the contrary, a court in which a 
 44.9   proceeding for dissolution, legal separation, or child custody 
 44.10  has been commenced shall must not issue, revise, modify or amend 
 44.11  any order, pursuant to sections section 518.131, 518.165, 
 44.12  518.168, 518.17, 518.175 or 518.18, which that affects the 
 44.13  custody of a minor child or the parenting time of a noncustodial 
 44.14  parent unless the court has jurisdiction over the matter 
 44.15  pursuant to the provisions of chapter 518D. 
 44.16     Sec. 10.  Minnesota Statutes 2000, section 518.156, is 
 44.17  amended to read: 
 44.18     518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.] 
 44.19     Subdivision 1.  [PROCEDURE.] In a court of this state which 
 44.20  that has jurisdiction to decide child custody matters, a child 
 44.21  custody proceeding is commenced: 
 44.22     (a) by a parent 
 44.23     (1) by filing a petition for dissolution or legal 
 44.24  separation; or 
 44.25     (2) where if a decree of dissolution or legal separation 
 44.26  has been entered or where none is sought, or when if paternity 
 44.27  has been recognized under section 257.75, by filing a petition 
 44.28  or motion seeking custody or parenting time with the child in 
 44.29  the county where the child is permanently resident or where the 
 44.30  child is found or where an earlier order for custody of the 
 44.31  child has been entered; or 
 44.32     (b) by a person other than a parent, where if a decree of 
 44.33  dissolution or legal separation has been entered or where if 
 44.34  none is sought by filing a petition or motion seeking custody or 
 44.35  visitation of the child in the county where the child is 
 44.36  permanently resident or where the child is found or where an 
 45.1   earlier order for custody of the child has been entered.  A 
 45.2   person seeking visitation pursuant to this paragraph must 
 45.3   qualify under one of the provisions of section 257.022.  
 45.4      Subd. 2.  [REQUIRED NOTICE.] Written notice of a child 
 45.5   custody or parenting time or visitation proceeding shall must be 
 45.6   given to the child's parent, guardian, and custodian, who may 
 45.7   appear and be heard and may file a responsive pleading.  The 
 45.8   court may, upon a showing of good cause, permit the intervention 
 45.9   of other interested parties. 
 45.10     Sec. 11.  Minnesota Statutes 2000, section 518.157, 
 45.11  subdivision 1, is amended to read: 
 45.12     Subdivision 1.  [IMPLEMENTATION; ADMINISTRATION.] By 
 45.13  January 1, 1998, The chief judge of each judicial district or a 
 45.14  designee shall must implement one or more parent education 
 45.15  programs within the judicial district for the purpose of 
 45.16  educating parents about the impact that divorce, the 
 45.17  restructuring of families, and judicial proceedings have upon 
 45.18  children and families; methods for preventing parenting time 
 45.19  conflicts; and dispute resolution options.  The chief judge of 
 45.20  each judicial district or a designee may require that children 
 45.21  attend a separate education program designed to deal with the 
 45.22  impact of divorce upon children as part of the parent education 
 45.23  program.  Each parent education program must enable persons to 
 45.24  have timely and reasonable access to education sessions.  
 45.25     Sec. 12.  Minnesota Statutes 2000, section 518.157, 
 45.26  subdivision 2, is amended to read: 
 45.27     Subd. 2.  [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 
 45.28  court should promulgate minimum standards for the implementation 
 45.29  and administration of a parent education program.  The chief 
 45.30  judge of each judicial district or a designee shall must submit 
 45.31  a plan to the Minnesota conference of chief judges for their 
 45.32  approval that is designed to implement and administer a parent 
 45.33  education program in the judicial district.  The plan must be 
 45.34  consistent with the minimum standards promulgated by the 
 45.35  Minnesota supreme court.  
 45.36     Sec. 13.  Minnesota Statutes 2000, section 518.157, 
 46.1   subdivision 3, is amended to read: 
 46.2      Subd. 3.  [ATTENDANCE.] In a proceeding under this chapter 
 46.3   or sections 257.51 to 257.75 where custody or parenting time is 
 46.4   contested, the parents of a minor child shall must attend an 
 46.5   orientation and education program that meets the minimum 
 46.6   standards promulgated by the Minnesota supreme court.  In all 
 46.7   other proceedings involving custody, support, or parenting time 
 46.8   the court may order the parents of a minor child to attend a 
 46.9   parent education program.  The program shall must provide the 
 46.10  court with names of persons who fail to attend the parent 
 46.11  education program as ordered by the court.  Persons who are 
 46.12  separated or contemplating involvement in a dissolution, 
 46.13  paternity, custody, or parenting time proceeding may attend a 
 46.14  parent education program without a court order.  Participation 
 46.15  in a parent education program must occur as early as possible.  
 46.16  Parent education programs must offer an opportunity to 
 46.17  participate at all phases of a pending or postdecree 
 46.18  proceeding.  Upon request of a party and a showing of good 
 46.19  cause, the court may excuse the party from attending the 
 46.20  program.  If past or present domestic abuse, as defined in 
 46.21  chapter 518B, is alleged, the court shall must not require the 
 46.22  parties to attend the same parent education sessions and shall 
 46.23  must enter an order setting forth the manner in which the 
 46.24  parties may safely participate in the program. 
 46.25     Sec. 14.  Minnesota Statutes 2000, section 518.157, 
 46.26  subdivision 5, is amended to read: 
 46.27     Subd. 5.  [CONFIDENTIALITY.] Unless all parties agree in 
 46.28  writing, statements made by a party during participation in a 
 46.29  parent education program are inadmissible as evidence for any 
 46.30  purpose, including impeachment.  No record may be made regarding 
 46.31  a party's participation in a parent education program, except a 
 46.32  record of attendance at and completion of the program as 
 46.33  required under this section.  Instructors shall must not 
 46.34  disclose information regarding an individual participant 
 46.35  obtained as a result of participation in a parent education 
 46.36  program.  Parent education instructors may not be subpoenaed or 
 47.1   called as witnesses in court proceedings.  
 47.2      Sec. 15.  Minnesota Statutes 2000, section 518.157, 
 47.3   subdivision 6, is amended to read: 
 47.4      Subd. 6.  [FEE.] Except as provided in this subdivision, 
 47.5   each person who attends a parent education program shall must 
 47.6   pay a fee to defray the cost of the program.  A party who 
 47.7   qualifies for waiver of filing fees under section 563.01 is 
 47.8   exempt from paying the parent education program fee and the 
 47.9   court shall must waive the fee or direct its payment under 
 47.10  section 563.01.  Program providers shall implement a sliding fee 
 47.11  scale. 
 47.12     Sec. 16.  Minnesota Statutes 2000, section 518.158, 
 47.13  subdivision 2, is amended to read: 
 47.14     Subd. 2.  [EMERGENCY CUSTODY HEARING.] If the parent seeks 
 47.15  to remove the child from the home of the relative or if the 
 47.16  relative seeks to remove the child from the home of the parent 
 47.17  and the applicable factors in subdivision 1 exist, the relative 
 47.18  may apply for an ex parte temporary order for custody of the 
 47.19  child.  The application must include an affidavit made under 
 47.20  oath that states with particularity the specific facts and 
 47.21  circumstances on which the application is based.  The court 
 47.22  shall must grant temporary custody if it finds, based on the 
 47.23  application, that the applicable factors in subdivision 1 
 47.24  exist.  If it finds that the factors in subdivision 1 do not 
 47.25  exist, the court shall must order that the child be returned to 
 47.26  or remain with the parent.  An ex parte temporary custody order 
 47.27  under this subdivision is effective for a fixed period not to 
 47.28  exceed 14 days.  A temporary custody hearing under this chapter 
 47.29  must be set for not later than seven days after issuance of the 
 47.30  ex parte temporary custody order, except that if the ex parte 
 47.31  temporary custody order is based on the grounds under 
 47.32  subdivision 1, paragraph (b), clause (2), the temporary custody 
 47.33  hearing must be set for not later than 72 hours, excluding 
 47.34  Saturdays, Sundays, and holidays, after issuance of the order.  
 47.35  The parent must be promptly served with a copy of the ex parte 
 47.36  order and the petition and notice of the date for the hearing. 
 48.1      Sec. 17.  Minnesota Statutes 2000, section 518.158, 
 48.2   subdivision 4, is amended to read: 
 48.3      Subd. 4.  [RETURN TO PARENT.] If the court orders permanent 
 48.4   custody to a relative under this section, the court shall must 
 48.5   set conditions the parent must meet in order to obtain custody.  
 48.6   The court may notify the parent that the parent may request 
 48.7   assistance from the local social service agency in order to meet 
 48.8   the conditions set by the court. 
 48.9      Sec. 18.  Minnesota Statutes 2000, section 518.165, is 
 48.10  amended to read: 
 48.11     518.165 [GUARDIANS FOR MINOR CHILDREN.] 
 48.12     Subdivision 1.  [PERMISSIVE APPOINTMENT OF GUARDIAN AD 
 48.13  LITEM.] In all proceedings for child custody or for dissolution 
 48.14  or legal separation where custody or parenting time with a minor 
 48.15  child is in issue, the court may appoint a guardian ad litem 
 48.16  from a panel established by the court to represent the interests 
 48.17  of the child.  The guardian ad litem shall must advise the court 
 48.18  with respect to custody, support, and parenting time.  
 48.19     Subd. 2.  [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] In 
 48.20  all proceedings for child custody or for marriage dissolution or 
 48.21  legal separation in which custody or parenting time with a minor 
 48.22  child is an issue, if the court has reason to believe that the 
 48.23  minor child is a victim of domestic child abuse or neglect, as 
 48.24  those terms are defined in sections 260C.007 and 626.556, 
 48.25  respectively, the court shall must appoint a guardian ad litem.  
 48.26  The guardian ad litem shall must represent the interests of the 
 48.27  child and advise the court with respect to custody, support, and 
 48.28  parenting time.  If the child is represented by a guardian ad 
 48.29  litem in any other pending proceeding, the court may appoint 
 48.30  that guardian to represent the child in the custody or parenting 
 48.31  time proceeding.  No guardian ad litem need be appointed if the 
 48.32  alleged domestic child abuse or neglect is before the court on a 
 48.33  juvenile dependency and neglect petition.  Nothing in this 
 48.34  subdivision requires the court to appoint a guardian ad litem in 
 48.35  any proceeding for child custody, marriage dissolution, or legal 
 48.36  separation in which an allegation of domestic child abuse or 
 49.1   neglect has not been made. 
 49.2      Subd. 2a.  [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 
 49.3   guardian ad litem shall must carry out the following 
 49.4   responsibilities: 
 49.5      (1) conduct an independent investigation to determine the 
 49.6   facts relevant to the situation of the child and the family, 
 49.7   which must include, unless specifically excluded by the court, 
 49.8   reviewing relevant documents; meeting with and observing the 
 49.9   child in the home setting and considering the child's wishes, as 
 49.10  appropriate; and interviewing parents, caregivers, and others 
 49.11  with knowledge relevant to the case; 
 49.12     (2) advocate for the child's best interests by 
 49.13  participating in appropriate aspects of the case and advocating 
 49.14  for appropriate community services when necessary; 
 49.15     (3) maintain the confidentiality of information related to 
 49.16  a case, with the exception of sharing information as permitted 
 49.17  by law to promote cooperative solutions that are in the best 
 49.18  interests of the child; 
 49.19     (4) monitor the child's best interests throughout the 
 49.20  judicial proceeding; and 
 49.21     (5) present written reports on the child's best interests 
 49.22  that include conclusions and recommendations and the facts upon 
 49.23  which they are based. 
 49.24     Subd. 3.  [FEES.] (a) A guardian ad litem appointed under 
 49.25  either subdivision 1 or 2 may be appointed either as a volunteer 
 49.26  or on a fee basis.  If a guardian ad litem is appointed on a fee 
 49.27  basis, the court shall must enter an order for costs, fees, and 
 49.28  disbursements in favor of the child's guardian ad litem.  The 
 49.29  order may be made against either or both parties, except that 
 49.30  any part of the costs, fees, or disbursements which the court 
 49.31  finds the parties are incapable of paying shall must be borne by 
 49.32  the state courts.  The costs of court-appointed counsel to the 
 49.33  guardian ad litem shall must be paid by the county in which the 
 49.34  proceeding is being held if a party is incapable of paying for 
 49.35  them.  Until the recommendations of the task force created in 
 49.36  Laws 1999, chapter 216, article 7, section 42, are implemented, 
 50.1   the costs of court-appointed counsel to a guardian ad litem in 
 50.2   the eighth judicial district shall must be paid by the state 
 50.3   courts if a party is incapable of paying for them.  In no event 
 50.4   may the court order that costs, fees, or disbursements be paid 
 50.5   by a party receiving public assistance or legal assistance or by 
 50.6   a party whose annual income falls below the poverty line as 
 50.7   established under United States Code, title 42, section 9902(2). 
 50.8      (b) In each fiscal year, the state treasurer shall must 
 50.9   deposit guardian ad litem reimbursements in the general fund and 
 50.10  credit them to a separate account with the trial courts.  The 
 50.11  balance of this account is appropriated to the trial courts and 
 50.12  does not cancel but is available until expended.  Expenditures 
 50.13  by the state court administrator's office from this account must 
 50.14  be based on the amount of the guardian ad litem reimbursements 
 50.15  received by the state from the courts in each judicial district. 
 50.16     Sec. 19.  Minnesota Statutes 2000, section 518.166, is 
 50.17  amended to read: 
 50.18     518.166 [INTERVIEWS.] 
 50.19     The court may interview the child in chambers to ascertain 
 50.20  the child's reasonable preference as to custodian with which 
 50.21  parent the child would reside, if the court deems the child to 
 50.22  be of sufficient age to express preference.  The court shall 
 50.23  must permit counsel to be present at the interview and shall 
 50.24  must permit counsel to propound reasonable questions to the 
 50.25  child either directly or through the court.  The court shall 
 50.26  must cause a record of the interview to be made and to be made 
 50.27  part of the record in the case unless waived by the parties. 
 50.28     In contested custody proceedings, and in other custody 
 50.29  proceedings if a parent or the child's custodian requests, the 
 50.30  court may seek the recommendations of professional personnel 
 50.31  whether or not they are employed on a regular basis by the 
 50.32  court.  The recommendations given shall must be in writing and 
 50.33  shall must be made available by the court to counsel upon 
 50.34  request.  Counsel may call for cross-examination of professional 
 50.35  personnel consulted by the court.  
 50.36     Sec. 20.  Minnesota Statutes 2000, section 518.167, 
 51.1   subdivision 3, is amended to read: 
 51.2      Subd. 3.  [AVAILABILITY TO COUNSEL.] The court shall must 
 51.3   mail the investigator's report to counsel and to any party not 
 51.4   represented by counsel at least ten days before the hearing.  
 51.5   The investigator shall must maintain and, upon request, make 
 51.6   available to counsel and to a party not represented by counsel 
 51.7   the investigator's file of underlying data and reports, complete 
 51.8   texts of diagnostic reports made to the investigator pursuant to 
 51.9   the provisions of subdivision 2, and the names and addresses of 
 51.10  all persons whom the investigator has consulted.  The 
 51.11  investigator and any person the investigator has consulted is 
 51.12  subject to other pretrial discovery in accordance with the 
 51.13  requirements of the Minnesota Rules of Civil Procedure. 
 51.14  Mediation proceedings are not subject to discovery without 
 51.15  written consent of both parties.  A party to the proceeding may 
 51.16  call the investigator and any person whom the investigator has 
 51.17  consulted for cross-examination at the hearing.  A party may not 
 51.18  waive the right of cross-examination before the hearing. 
 51.19     Sec. 21.  Minnesota Statutes 2000, section 518.167, 
 51.20  subdivision 4, is amended to read: 
 51.21     Subd. 4.  [USE AT DISCOVERY; HEARING.] The investigator and 
 51.22  any person the investigator has consulted is subject to other 
 51.23  pretrial discovery in accordance with the requirements of the 
 51.24  Minnesota Rules of Civil Procedure.  Mediation proceedings are 
 51.25  not subject to discovery without written consent of both 
 51.26  parties.  A party to the proceeding may call the investigator 
 51.27  and any person whom the investigator has consulted for 
 51.28  cross-examination at the hearing.  A party may not waive the 
 51.29  right of cross-examination before the hearing.  The 
 51.30  investigator's report may be received in evidence at the hearing.
 51.31     Sec. 22.  Minnesota Statutes 2000, section 518.167, 
 51.32  subdivision 5, is amended to read: 
 51.33     Subd. 5.  [COSTS.] The court shall must order all or part 
 51.34  of the cost of the investigation and report to be paid by either 
 51.35  or both parties, based on their ability to pay.  Any part of the 
 51.36  cost that the court finds the parties are incapable of paying 
 52.1   must be borne by the county welfare local social services agency 
 52.2   or department of court services that performs the 
 52.3   investigation.  The court may not order costs under this 
 52.4   subdivision to be paid by a party receiving public assistance or 
 52.5   legal assistance from a qualified legal services program or by a 
 52.6   party whose annual income falls below the poverty line under 
 52.7   United States Code, title 42, section 9902(2). 
 52.8      Sec. 23.  Minnesota Statutes 2000, section 518.168, is 
 52.9   amended to read: 
 52.10     518.168 [HEARINGS.] 
 52.11     (a) Custody proceedings shall must receive priority in 
 52.12  being set for hearing. 
 52.13     (b) The court may tax as costs the payment of necessary 
 52.14  travel and other expenses incurred by a person whose presence at 
 52.15  the hearing the court deems necessary to determine the best 
 52.16  interests of the child. 
 52.17     (c) The court without a jury shall must determine questions 
 52.18  of law and fact.  If it finds that a public hearing may be 
 52.19  detrimental to the child's best interests, the court may exclude 
 52.20  the public from a custody hearing, but may admit any person who 
 52.21  has a direct interest in the particular case. 
 52.22     (d) If the court finds it necessary for the protection of 
 52.23  the child's welfare that the record of an interview, report, 
 52.24  investigation, or testimony in a custody proceeding not be kept 
 52.25  secret disclosed, the court may make an appropriate order 
 52.26  sealing the record. 
 52.27     Sec. 24.  Minnesota Statutes 2000, section 518.1705, 
 52.28  subdivision 6, is amended to read: 
 52.29     Subd. 6.  [RESTRICTIONS ON PREPARATION AND CONTENT OF 
 52.30  PARENTING PLAN.] (a) Dispute resolution processes other than the 
 52.31  judicial process may not be required in the preparation of a 
 52.32  parenting plan if a parent is alleged to have committed domestic 
 52.33  abuse toward a parent or child who is a party to, or subject of, 
 52.34  the matter before the court.  In these cases, the court shall 
 52.35  must consider the appointment of a guardian ad litem and a 
 52.36  parenting plan evaluator.  
 53.1      (b) The court may not require a parenting plan that 
 53.2   provides for joint legal custody or use of dispute resolution 
 53.3   processes, other than the judicial process, if the court finds 
 53.4   that section 518.179 applies, or the court finds that either 
 53.5   parent has engaged in the following toward a parent or child who 
 53.6   is a party to, or subject of, the matter before the court: 
 53.7      (1) acts of domestic abuse, including physical harm, bodily 
 53.8   injury, and infliction of fear of physical harm, assault, 
 53.9   terroristic threats, or criminal sexual conduct; 
 53.10     (2) physical, sexual, or a pattern of emotional abuse of a 
 53.11  child; or 
 53.12     (3) willful abandonment that continues for an extended 
 53.13  period of time or substantial refusal to perform parenting 
 53.14  functions. 
 53.15     Sec. 25.  Minnesota Statutes 2000, section 518.175, 
 53.16  subdivision 1, is amended to read: 
 53.17     Subdivision 1.  [GENERAL.] (a) In all proceedings for 
 53.18  dissolution or legal separation, subsequent to the commencement 
 53.19  of the proceeding and continuing thereafter during the minority 
 53.20  of the child, the court shall must, upon the request of either 
 53.21  parent, grant such parenting time on behalf of the child and 
 53.22  noncustodial the parent as that will enable the child and the 
 53.23  noncustodial parent to maintain a child to parent relationship 
 53.24  that will be in the best interests of the child.  If the court 
 53.25  finds, after a hearing, that parenting time is likely to 
 53.26  endanger the child's physical or emotional health or impair the 
 53.27  child's emotional development, the court shall must restrict 
 53.28  parenting time with the noncustodial parent as to time, place, 
 53.29  duration, or supervision and may deny parenting time entirely, 
 53.30  as the circumstances warrant.  The court shall must consider the 
 53.31  age of the child and the child's relationship with the 
 53.32  noncustodial parent prior to before the commencement of the 
 53.33  proceeding.  A parent's failure to pay support because of the 
 53.34  parent's inability to do so shall is not be sufficient cause for 
 53.35  denial of parenting time. 
 53.36     (b) The court may provide that a law enforcement officer or 
 54.1   other appropriate person will accompany a party seeking to 
 54.2   enforce or comply with parenting time. 
 54.3      (c) Upon request of either party, to the extent practicable 
 54.4   an order for parenting time must include a specific schedule for 
 54.5   parenting time, including the frequency and duration of 
 54.6   visitation and visitation during holidays and vacations, unless 
 54.7   parenting time is restricted, denied, or reserved. 
 54.8      (d) The court administrator shall must provide a form for a 
 54.9   pro se motion regarding parenting time disputes, which includes 
 54.10  must include provisions for indicating the relief requested, an 
 54.11  affidavit in which the party may state the facts of the dispute, 
 54.12  and a brief description of the parenting time expeditor process 
 54.13  under section 518.1751.  The form may not include a request for 
 54.14  a change of custody.  The court shall must provide instructions 
 54.15  on serving and filing the motion. 
 54.16     Sec. 26.  Minnesota Statutes 2000, section 518.175, 
 54.17  subdivision 1a, is amended to read: 
 54.18     Subd. 1a.  [DOMESTIC ABUSE; SUPERVISED PARENTING TIME.] (a) 
 54.19  If a custodial parent requests supervised parenting time under 
 54.20  subdivision 1 or 5 and an order for protection under chapter 
 54.21  518B or a similar law of another state is in effect against the 
 54.22  noncustodial other parent to protect the custodial parent with 
 54.23  whom the child resides or the child, the judge or judicial 
 54.24  officer must consider the order for protection in making a 
 54.25  decision regarding parenting time. 
 54.26     (b) The state court administrator, in consultation with 
 54.27  representatives of custodial and noncustodial parents and other 
 54.28  interested persons, shall must develop standards to be met by 
 54.29  persons who are responsible for supervising parenting time.  
 54.30  Either parent may challenge the appropriateness of an individual 
 54.31  chosen by the court to supervise parenting time. 
 54.32     Sec. 27.  Minnesota Statutes 2000, section 518.175, 
 54.33  subdivision 2, is amended to read: 
 54.34     Subd. 2.  [RIGHTS OF CHILDREN AND NONCUSTODIAL PARENT.] 
 54.35  Upon the request of either parent, the court may inform any 
 54.36  child of the parties, if eight years of age or older, or 
 55.1   otherwise of an age of suitable comprehension, of the rights of 
 55.2   the child and the noncustodial each parent under the order or 
 55.3   decree or any substantial amendment thereof of it.  
 55.4   The custodial parent shall with whom the child resides must 
 55.5   present the child for parenting time with the noncustodial other 
 55.6   parent, at such the times as the court directs. 
 55.7      Sec. 28.  Minnesota Statutes 2000, section 518.175, 
 55.8   subdivision 3, is amended to read: 
 55.9      Subd. 3.  [MOVE TO ANOTHER STATE.] The custodial parent 
 55.10  shall with whom the child resides must not move the residence of 
 55.11  the child to another state except upon order of the court or 
 55.12  with the consent of the noncustodial other parent, when if the 
 55.13  noncustodial other parent has been given parenting time by the 
 55.14  decree.  If the purpose of the move is to interfere with 
 55.15  parenting time given to the noncustodial other parent by the 
 55.16  decree, the court shall must not permit the child's residence to 
 55.17  be moved to another state. 
 55.18     Sec. 29.  Minnesota Statutes 2000, section 518.175, 
 55.19  subdivision 5, is amended to read: 
 55.20     Subd. 5.  [MODIFICATION OF PARENTING PLAN OR ORDER FOR 
 55.21  PARENTING TIME.] If modification would serve the best interests 
 55.22  of the child, the court shall must modify the decision-making 
 55.23  provisions of a parenting plan or an order granting or denying 
 55.24  parenting time, if the modification would not change the child's 
 55.25  primary residence.  Except as provided in section 631.52, the 
 55.26  court may not restrict parenting time unless it finds that:  
 55.27     (1) parenting time is likely to endanger the child's 
 55.28  physical or emotional health or impair the child's emotional 
 55.29  development; or 
 55.30     (2) the noncustodial parent has chronically and 
 55.31  unreasonably failed to comply with court-ordered parenting time. 
 55.32     If the custodial a parent makes specific allegations that 
 55.33  parenting time places the custodial parent or child in danger of 
 55.34  harm, the court shall must hold a hearing at the earliest 
 55.35  possible time to determine the need to modify the order granting 
 55.36  parenting time.  Consistent with subdivision 1a, the court may 
 56.1   require a third party, including the local social services 
 56.2   agency, to supervise the parenting time or may restrict a 
 56.3   parent's parenting time if necessary to protect the custodial 
 56.4   other parent or child from harm.  In addition, if there is an 
 56.5   existing order for protection governing the parties, the 
 56.6   court shall must consider the use of an independent, neutral 
 56.7   exchange location for parenting time. 
 56.8      Sec. 30.  Minnesota Statutes 2000, section 518.175, 
 56.9   subdivision 6, is amended to read: 
 56.10     Subd. 6.  [REMEDIES.] (a) The court may provide for one or 
 56.11  more of the following remedies for denial of or interference 
 56.12  with court-ordered parenting time as provided under this 
 56.13  subdivision.  All parenting time orders must include notice of 
 56.14  the provisions of this subdivision. 
 56.15     (b) If the court finds that a person parent has been 
 56.16  deprived of court-ordered parenting time, the court shall must 
 56.17  order the custodial parent who has caused the deprivation to 
 56.18  permit additional parenting time to compensate for the allow 
 56.19  compensatory parenting time of which the person was deprived to 
 56.20  the other parent or the court shall must make specific findings 
 56.21  as to why a request for compensatory parenting time is denied.  
 56.22  If compensatory parenting time is awarded, additional parenting 
 56.23  time must be: 
 56.24     (1) at least of the same type and duration as the deprived 
 56.25  parenting time and, at the discretion of the court, may be in 
 56.26  excess of or of a different type than the deprived parenting 
 56.27  time; 
 56.28     (2) taken within one year after the deprived parenting 
 56.29  time; and 
 56.30     (3) at a time acceptable to the person parent deprived of 
 56.31  parenting time. 
 56.32     (c) If the court finds that a party has wrongfully failed 
 56.33  to comply with a parenting time order or a binding agreement or 
 56.34  decision under section 518.1751, the court may: 
 56.35     (1) impose a civil penalty of up to $500 on the party; 
 56.36     (2) require the party to post a bond with the court for a 
 57.1   specified period of time to secure the party's compliance; 
 57.2      (3) award reasonable attorney's fees and costs; 
 57.3      (4) require the party who violated the parenting time order 
 57.4   or binding agreement or decision of the parenting time expeditor 
 57.5   to reimburse the other party for costs incurred as a result of 
 57.6   the violation of the order or agreement or decision; or 
 57.7      (5) award any other remedy that the court finds to be in 
 57.8   the best interests of the children involved. 
 57.9      A civil penalty imposed under this paragraph must be 
 57.10  deposited in the county general fund and must be used to fund 
 57.11  the costs of a parenting time expeditor program in a county with 
 57.12  this program.  In other counties, the civil penalty must be 
 57.13  deposited in the state general fund. 
 57.14     (d) If the court finds that a party has been denied 
 57.15  parenting time and has incurred expenses in connection with the 
 57.16  denied parenting time, the court may require the party who 
 57.17  denied parenting time to post a bond in favor of the other party 
 57.18  in the amount of prepaid expenses associated with upcoming 
 57.19  planned parenting time. 
 57.20     (e) Proof of an unwarranted denial of or interference with 
 57.21  duly established parenting time may constitute contempt of court 
 57.22  and may be sufficient cause for reversal of custody. 
 57.23     Sec. 31.  Minnesota Statutes 2000, section 518.175, 
 57.24  subdivision 7, is amended to read: 
 57.25     Subd. 7.  [GRANDPARENT VISITATION.] In all proceedings for 
 57.26  dissolution or legal separation, after the commencement of the 
 57.27  proceeding or at any time after completion of the proceedings, 
 57.28  and continuing during the child's minority of the child, the 
 57.29  court may make an order granting visitation rights to 
 57.30  grandparents under and other individuals as provided by section 
 57.31  257.022, subdivision 2. 
 57.32     Sec. 32.  Minnesota Statutes 2000, section 518.175, 
 57.33  subdivision 8, is amended to read: 
 57.34     Subd. 8.  [ADDITIONAL PARENTING TIME FOR CARE OF CHILD BY 
 57.35  NONCUSTODIAL PARENT.] The court may allow additional parenting 
 57.36  time to the noncustodial parent to provide child care while the 
 58.1   custodial parent is working if this arrangement is reasonable 
 58.2   and in the best interests of the child, as defined in section 
 58.3   518.17, subdivision 1.  In addition, the court shall must 
 58.4   consider: 
 58.5      (1) the ability of the parents to cooperate; 
 58.6      (2) methods for resolving disputes regarding the care of 
 58.7   the child, and the parents' willingness to use those methods; 
 58.8   and 
 58.9      (3) whether domestic abuse, as defined in section 518B.01, 
 58.10  has occurred between the parties. 
 58.11     Sec. 33.  Minnesota Statutes 2000, section 518.1751, 
 58.12  subdivision 1b, is amended to read: 
 58.13     Subd. 1b.  [PURPOSE; DEFINITIONS.] (a) The purpose of a 
 58.14  parenting time expeditor is to resolve parenting time disputes 
 58.15  by enforcing, interpreting, clarifying, and addressing 
 58.16  circumstances not specifically addressed by an existing 
 58.17  parenting time order and, if appropriate, to make a 
 58.18  determination as to whether the existing parenting time order 
 58.19  has been violated.  A parenting time expeditor may be appointed 
 58.20  to resolve a one-time parenting time dispute or to provide 
 58.21  ongoing parenting time dispute resolution services. 
 58.22     (b) For purposes of this section, "parenting time dispute" 
 58.23  means a disagreement among parties about parenting time with a 
 58.24  child, including a dispute about an anticipated denial of future 
 58.25  scheduled parenting time.  "Parenting time dispute" includes a 
 58.26  claim by a custodial parent that a noncustodial the other parent 
 58.27  is not spending time with a child as well as a claim by 
 58.28  a noncustodial parent that a custodial the other parent is 
 58.29  denying or interfering with parenting time. 
 58.30     (c) A "parenting time expeditor" is a neutral person 
 58.31  authorized to use a mediation-arbitration process to resolve 
 58.32  parenting time disputes.  A parenting time expeditor shall must 
 58.33  attempt to resolve a parenting time dispute by facilitating 
 58.34  negotiations between the parties to promote settlement and,.  If 
 58.35  it becomes apparent that the dispute cannot be resolved by an 
 58.36  agreement of the parties, the parenting time expeditor shall 
 59.1   must make a decision resolving the dispute.  
 59.2      Sec. 34.  Minnesota Statutes 2000, section 518.1751, 
 59.3   subdivision 2, is amended to read: 
 59.4      Subd. 2.  [APPOINTMENT.] (a) The parties may stipulate to 
 59.5   the appointment of a parenting time expeditor or a team of two 
 59.6   expeditors without appearing in court by submitting to the court 
 59.7   a written agreement identifying the names of the individuals to 
 59.8   be appointed by the court; the nature of the dispute; the 
 59.9   responsibilities of the parenting time expeditor, including 
 59.10  whether the expeditor is appointed to resolve a specific issue 
 59.11  or on an ongoing basis; the term of the appointment; and the 
 59.12  apportionment of fees and costs.  The court shall must review 
 59.13  the agreement of the parties.  
 59.14     (b) If the parties cannot agree on a parenting time 
 59.15  expeditor, the court shall must provide to the parties them with 
 59.16  a copy of the court administrator's roster of parenting time 
 59.17  expeditors and require the parties to exchange the names of 
 59.18  three potential parenting time expeditors by a specific date.  
 59.19  If after exchanging names the parties are unable to agree upon a 
 59.20  parenting time expeditor, the court shall must select the 
 59.21  parenting time expeditor and, in its discretion, may appoint one 
 59.22  expeditor or a team of two expeditors.  In the selection process 
 59.23  the court must give consideration to the financial circumstances 
 59.24  of the parties and the fees of those being considered 
 59.25  as parenting time expeditors.  Preference must be given to 
 59.26  persons who agree to volunteer their services or who will charge 
 59.27  a variable fee for services based on the ability of the parties 
 59.28  to pay for them. 
 59.29     (c) An order appointing a parenting time expeditor must 
 59.30  identify the name of the individual to be appointed, the nature 
 59.31  of the dispute, the responsibilities of the expeditor including 
 59.32  whether the expeditor is appointed to resolve a specific issue 
 59.33  or on an ongoing basis, the term of the appointment, the 
 59.34  apportionment of fees, and notice that if the parties are unable 
 59.35  to reach an agreement with the expeditor's assistance of the 
 59.36  expeditor, the expeditor is authorized to make a decision 
 60.1   resolving the dispute which is binding upon the parties unless 
 60.2   modified or vacated by the court.  
 60.3      Sec. 35.  Minnesota Statutes 2000, section 518.1751, 
 60.4   subdivision 2a, is amended to read: 
 60.5      Subd. 2a.  [FEES.] Prior to Before appointing the parenting 
 60.6   time expeditor, the court shall must give the parties notice 
 60.7   that the expeditor's fees of the expeditor will be apportioned 
 60.8   among the parties.  In its order appointing the expeditor, the 
 60.9   court shall must apportion the expeditor's fees of the expeditor 
 60.10  among the parties, with each party bearing the portion of fees 
 60.11  that the court determines is just and equitable under the 
 60.12  circumstances.  If a party files a pro se motion regarding a 
 60.13  parenting time dispute and there is not a an existing court 
 60.14  order that provides for apportionment of apportioning the fees 
 60.15  of an expeditor, the court administrator may require the party 
 60.16  requesting the appointment of an expeditor to pay the 
 60.17  expeditor's fees of the expeditor in advance.  Neither party may 
 60.18  be required to submit a dispute to a visitation an expeditor if 
 60.19  the party cannot afford to pay for the fees of an expeditor and 
 60.20  an affordable expeditor is not available, unless the other party 
 60.21  agrees to pay the fees.  After fees are incurred, a party may by 
 60.22  motion request that the fees be reapportioned on equitable 
 60.23  grounds.  The court may consider the resources of the parties, 
 60.24  the nature of the dispute, and whether a party acted in bad 
 60.25  faith.  The court may consider information from the expeditor in 
 60.26  determining bad faith.  
 60.27     Sec. 36.  Minnesota Statutes 2000, section 518.1751, 
 60.28  subdivision 2b, is amended to read: 
 60.29     Subd. 2b.  [ROSTER OF PARENTING TIME EXPEDITORS.] Each The 
 60.30  court administrator shall must maintain and make available 
 60.31  to judicial officers and the public and judicial officers a 
 60.32  roster of individuals available to serve as parenting time 
 60.33  expeditors, including.  The roster must include each 
 60.34  individual's name, address, telephone number, and fee charged, 
 60.35  if any.  A court administrator shall must not place on the 
 60.36  roster the name of an individual who has not completed the 
 61.1   training required in subdivision 2c.  If the use of a parenting 
 61.2   time an expeditor is initiated by stipulation of the parties, 
 61.3   the parties may agree upon a person to serve as an expeditor 
 61.4   even if that person has not completed the training described in 
 61.5   subdivision 2c.  The court may appoint a person to serve as an 
 61.6   expeditor even if the a person who is not on the court 
 61.7   administrator's roster, but may not appoint a person who has not 
 61.8   completed the training described in subdivision 2c, unless so 
 61.9   stipulated by the parties.  To maintain one's listing on a court 
 61.10  administrator's roster of parenting time expeditors, an 
 61.11  individual shall must annually submit to the court administrator 
 61.12  proof of completion of continuing education requirements.  
 61.13     Sec. 37.  Minnesota Statutes 2000, section 518.1751, 
 61.14  subdivision 2c, is amended to read: 
 61.15     Subd. 2c.  [TRAINING AND CONTINUING EDUCATION 
 61.16  REQUIREMENTS.] To qualify for listing on a court administrator's 
 61.17  roster of parenting time expeditors, an individual shall must 
 61.18  complete a minimum of 40 hours of family mediation training that 
 61.19  has been certified by the Minnesota supreme court, which.  The 
 61.20  training must include certified training in domestic abuse 
 61.21  issues as required under Rule 114 of the Minnesota General Rules 
 61.22  of Practice for the District Courts.  To maintain one's listing 
 61.23  remain listed on a court administrator's roster of parenting 
 61.24  time expeditors, an individual shall must annually attend three 
 61.25  hours of continuing education about alternative dispute 
 61.26  resolution subjects.  
 61.27     Sec. 38.  Minnesota Statutes 2000, section 518.1751, 
 61.28  subdivision 3, is amended to read: 
 61.29     Subd. 3.  [AGREEMENT OR DECISION.] (a) Within five days of 
 61.30  notice of the appointment, or within five days of notice of a 
 61.31  subsequent parenting time dispute between the same parties, the 
 61.32  parenting time expeditor shall must meet with the parties 
 61.33  together or separately and shall make a diligent effort to 
 61.34  facilitate an agreement to resolve the dispute.  If a parenting 
 61.35  time dispute requires immediate resolution, the parenting time 
 61.36  expeditor may confer with the parties through a telephone 
 62.1   conference or similar means.  An expeditor may make a decision 
 62.2   without conferring with a party if the expeditor made a good 
 62.3   faith effort to confer with the party, but the party chose not 
 62.4   to participate in resolution of the dispute. 
 62.5      (b) If the parties do not reach an agreement, the expeditor 
 62.6   shall must make a decision resolving the dispute as soon as 
 62.7   possible, but not later than five days after receiving all 
 62.8   information necessary to make a decision and after the final 
 62.9   meeting or conference with the parties.  The expeditor is 
 62.10  authorized to award compensatory parenting time under section 
 62.11  518.175, subdivision 6, and may recommend to the court that the 
 62.12  noncomplying party pay attorney's fees, court costs, and other 
 62.13  costs under section 518.175, subdivision 6, paragraph (d), if 
 62.14  the parenting time order has been violated.  The expeditor shall 
 62.15  not lose retains the authority to make a decision if 
 62.16  circumstances beyond the expeditor's control make it 
 62.17  impracticable to meet the five-day timelines. 
 62.18     (c) Unless the parties mutually agree, the parenting time 
 62.19  expeditor shall must not make a decision that is inconsistent 
 62.20  with an existing parenting time order, but may make decisions 
 62.21  interpreting or clarifying a parenting time order, including the 
 62.22  development of a specific schedule when the existing court order 
 62.23  grants "reasonable parenting time."  
 62.24     (d) The expeditor shall must put an agreement or decision 
 62.25  in writing and provide a copy to the parties.  The expeditor may 
 62.26  include or omit reasons for the agreement or decision.  An 
 62.27  agreement of the parties or a decision of the expeditor is 
 62.28  binding on the parties unless vacated or modified by the court.  
 62.29  If a party does not comply with an agreement of the parties or a 
 62.30  decision of the expeditor, any party may bring a motion with the 
 62.31  court and shall must attach a copy of the parties' written 
 62.32  agreement or decision of the expeditor.  The court may enforce, 
 62.33  modify, or vacate the agreement of the parties or the decision 
 62.34  of the expeditor. 
 62.35     Sec. 39.  Minnesota Statutes 2000, section 518.176, is 
 62.36  amended to read: 
 63.1      518.176 [JUDICIAL SUPERVISION.] 
 63.2      Subdivision 1.  Except as otherwise agreed by the parties 
 63.3   in writing at the time of the custody order, (a) The custodian 
 63.4   parent with whom the child resides may determine the child's 
 63.5   upbringing, including education, health care, and religious 
 63.6   training, unless: 
 63.7      (1) otherwise agreed by the parties in writing at the time 
 63.8   of the custody order; or 
 63.9      (2) upon motion by the other parent, the court after 
 63.10  hearing, finds, upon motion by the noncustodial parent, that in 
 63.11  the absence of a specific limitation of the custodian's 
 63.12  authority of the parent with whom the child resides, the child's 
 63.13  physical or emotional health is likely to be endangered or the 
 63.14  child's emotional development impaired. 
 63.15     Subd. 2. (b)  If both parents or all contestants agree to 
 63.16  the order, or if the court finds that in the absence of the 
 63.17  order the child's physical or emotional health is likely to be 
 63.18  endangered or the child's emotional development impaired, the 
 63.19  court may order the local social services agency or the 
 63.20  department of court services to exercise continuing supervision 
 63.21  over the case under guidelines established by the court to 
 63.22  assure that the custodial or parenting time terms of the decree 
 63.23  are carried out. 
 63.24     Sec. 40.  Minnesota Statutes 2000, section 518.177, is 
 63.25  amended to read: 
 63.26     518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL 
 63.27  RIGHTS LAW.] 
 63.28     Every A court order and judgment and decree concerning 
 63.29  custody of or parenting time or visitation with a minor child 
 63.30  shall must contain the notice set out in section 518.68, 
 63.31  subdivision 2.  
 63.32     Sec. 41.  Minnesota Statutes 2000, section 518.178, is 
 63.33  amended to read: 
 63.34     518.178 [PARENTING TIME AND SUPPORT REVIEW HEARING.] 
 63.35     Upon motion of either party, the court shall must conduct a 
 63.36  hearing to review compliance with the parenting time and child 
 64.1   support provisions set forth in a decree of dissolution or legal 
 64.2   separation or an order that establishes child custody, parenting 
 64.3   time, and support rights and obligations of parents.  The state 
 64.4   court administrator shall must prepare, and each court 
 64.5   administrator shall must make available, simplified pro se forms 
 64.6   for reviewing parenting time and child support disputes.  The 
 64.7   court may impose any parenting time enforcement remedy available 
 64.8   under sections 518.175 and 518.1751, and any support enforcement 
 64.9   remedy available under section 518.551. 
 64.10     Sec. 42.  Minnesota Statutes 2000, section 518.179, 
 64.11  subdivision 1, is amended to read: 
 64.12     Subdivision 1.  [SEEKING CUSTODY OR PARENTING TIME.] 
 64.13  Notwithstanding any contrary provision in section 518.17 or 
 64.14  518.175, if a person seeking child custody or parenting time who 
 64.15  has been convicted of a crime described in subdivision 2, the 
 64.16  person seeking custody or parenting time has the burden to prove 
 64.17  that custody or parenting time by that person is in the best 
 64.18  interests of the child if: 
 64.19     (1) the conviction occurred within the preceding five 
 64.20  years; 
 64.21     (2) the person is currently incarcerated, on probation, or 
 64.22  under supervised release for the offense; or 
 64.23     (3) the victim of the crime was a family or household 
 64.24  member as defined in section 518B.01, subdivision 2.  
 64.25     If this section applies, the court may not grant custody or 
 64.26  parenting time to the person unless it finds that the custody or 
 64.27  parenting time is in the best interests of the child.  If the 
 64.28  victim of the crime was a family or household member, the 
 64.29  standard of proof is clear and convincing evidence.  A guardian 
 64.30  ad litem must be appointed in any case where this section 
 64.31  applies. 
 64.32     Sec. 43.  Minnesota Statutes 2000, section 518.18, is 
 64.33  amended to read: 
 64.34     518.18 [MODIFICATION OF ORDER.] 
 64.35     (a) Unless agreed to in writing by the parties, no motion 
 64.36  to modify a custody order or parenting plan may be made earlier 
 65.1   than one year after the date of the entry of a decree of 
 65.2   dissolution or legal separation containing a provision dealing 
 65.3   with custody, except in accordance with paragraph (c). 
 65.4      (b) If a motion for modification has been heard, whether or 
 65.5   not it was granted, unless agreed to in writing by the parties 
 65.6   no subsequent motion may be filed within two years after 
 65.7   disposition of the prior motion on its merits, except in 
 65.8   accordance with paragraph (c). 
 65.9      (c) The time limitations prescribed in paragraphs (a) and 
 65.10  (b) shall do not prohibit a motion to modify a custody order or 
 65.11  parenting plan if the court finds that there is persistent and 
 65.12  willful denial or interference with parenting time, or has 
 65.13  reason to believe that the child's present environment may 
 65.14  endanger the child's physical or emotional health or impair the 
 65.15  child's emotional development. 
 65.16     (d) If the A court that has jurisdiction to determine child 
 65.17  custody matters, the court shall must not modify a prior custody 
 65.18  order or a parenting plan provision which that specifies the 
 65.19  child's primary residence unless it finds, upon the basis of 
 65.20  facts, including unwarranted denial of, or interference with, a 
 65.21  duly established parenting time schedule, that have arisen since 
 65.22  the prior order or that were unknown to the court at the time of 
 65.23  the prior order, that a change has occurred in the circumstances 
 65.24  of the child or the parties and that the modification is 
 65.25  necessary to serve the best interests of the child.  The court 
 65.26  must make its finding upon the basis of facts, including 
 65.27  unwarranted denial of, or interference with, a duly established 
 65.28  parenting time schedule, that have arisen since the prior order 
 65.29  or that were unknown to the court at the time of the prior order.
 65.30  In applying these standards the court shall must retain the 
 65.31  custody arrangement or the parenting plan provision specifying 
 65.32  the child's primary residence that was established by the prior 
 65.33  order unless: 
 65.34     (i) the court finds that a change in the custody 
 65.35  arrangement or primary residence is in the best interests of the 
 65.36  child and the parties previously agreed, in a writing approved 
 66.1   by a court, to apply the best interests standard in section 
 66.2   518.17 or 257.025, as applicable; and, with respect to 
 66.3   agreements approved by a court on or after April 28, 2000, both 
 66.4   parties were represented by counsel when the agreement was 
 66.5   approved or the court found the parties were fully informed, the 
 66.6   agreement was voluntary, and the parties were aware of its 
 66.7   implications; 
 66.8      (ii) both parties agree to the modification; 
 66.9      (iii) the child has been integrated into the family of the 
 66.10  petitioner with the consent of the other party; or 
 66.11     (iv) the child's present environment endangers the child's 
 66.12  physical or emotional health or impairs the child's emotional 
 66.13  development and the harm likely to be caused by a change of 
 66.14  environment is outweighed by the advantage of a change to the 
 66.15  child.  
 66.16     In addition, (e) A court may modify a custody order or 
 66.17  parenting plan under section 631.52.  
 66.18     (e) (f) In deciding whether to modify a prior joint custody 
 66.19  order, the court shall must apply the standards set forth in 
 66.20  paragraph (d) unless:  
 66.21     (1) the parties agree in writing to the application of a 
 66.22  different standard,; or 
 66.23     (2) the party seeking the modification is asking the court 
 66.24  for permission to move the residence of the child to another 
 66.25  state. 
 66.26     (f) If a custodial parent has been granted sole physical 
 66.27  custody of a minor and the child subsequently lives with the 
 66.28  noncustodial parent, and temporary sole physical custody has 
 66.29  been approved by the court or by a court-appointed referee, (g) 
 66.30  The court may suspend the noncustodial parent's obligor's child 
 66.31  support obligation pending the a final custody determination if: 
 66.32     (1) the obligee has been granted sole physical custody of a 
 66.33  child; 
 66.34     (2) the child subsequently lives with the obligor; and 
 66.35     (3) a temporary sole custody order has been approved by the 
 66.36  court or a court-approved referee.  
 67.1      The court's A court order denying the suspension of child 
 67.2   support under this paragraph must include a written explanation 
 67.3   of the reasons why continuation of the child support obligation 
 67.4   would be in the best interests of the child. 
 67.5      (h) A party seeking modification of a custody order must 
 67.6   submit with moving papers an affidavit setting forth facts 
 67.7   supporting the requested modification.  The party must give 
 67.8   notice and a copy of the affidavit to other parties to the 
 67.9   proceeding, who may file opposing affidavits. 
 67.10     Sec. 44.  Minnesota Statutes 2000, section 518.612, is 
 67.11  amended to read: 
 67.12     518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 
 67.13  ORDER.] 
 67.14     Failure by a party to make support payments is not a 
 67.15  defense to:  interference with parenting time; or without the 
 67.16  permission of the court or the noncustodial parent removing a 
 67.17  child from this state.  Nor is interference with parenting time 
 67.18  or taking a child from this state without permission of the 
 67.19  court or the noncustodial parent a defense to nonpayment of 
 67.20  support.  If a party fails to make support payments, or 
 67.21  interferes with parenting time, or without permission of the 
 67.22  court or the noncustodial parent removes a child from this 
 67.23  state, the other party may petition the court for an appropriate 
 67.24  order.  
 67.25     (a) An obligor may not assert as a defense to failure to 
 67.26  pay child support that the obligee interfered with parenting 
 67.27  time or removed the child from the state without permission of 
 67.28  the obligor or the court. 
 67.29     (b) An obligee may not assert as a defense to interference 
 67.30  with parenting time or removing the child from the state without 
 67.31  permission of the obligor or the court, that the obligor failed 
 67.32  to pay child support. 
 67.33     (c) A party may petition the court for an appropriate order 
 67.34  if the other party: 
 67.35     (1) fails to make support payments; 
 67.36     (2) interferes with parenting time; or 
 68.1      (3) removes a child from this state without permission of 
 68.2   the court or the other parent. 
 68.3      Sec. 45.  Minnesota Statutes 2000, section 518.619, is 
 68.4   amended to read: 
 68.5      518.619 [CUSTODY OR VISITATION PARENTING TIME; MEDIATION 
 68.6   SERVICES.] 
 68.7      Subdivision 1.  [MEDIATION PROCEEDING.] Except as provided 
 68.8   in subdivision 2, if it appears on the face of the petition or 
 68.9   other application for an order or modification of an order for 
 68.10  the child custody of a child that custody or parenting time is 
 68.11  contested, or that any issue pertinent to a custody or parenting 
 68.12  time determination, including parenting time rights, is 
 68.13  unresolved, the matter may be set for mediation of the contested 
 68.14  issue prior to before, concurrent with, or subsequent to the 
 68.15  after setting of the matter for hearing.  The purpose of the 
 68.16  mediation proceeding is to reduce acrimony which that may exist 
 68.17  between the parties and to develop an agreement that is 
 68.18  supportive of the child's best interests.  The mediator shall 
 68.19  must use best efforts to effect a settlement of the custody or 
 68.20  parenting time dispute, but shall have has no coercive authority.
 68.21     Subd. 2.  [EXCEPTION.] If the court determines that there 
 68.22  is probable cause that one of the parties, or a child of a 
 68.23  party, has been physically or sexually abused by the other a 
 68.24  party, the court shall must not require or refer the parties to 
 68.25  mediation or any other process that requires parties to meet and 
 68.26  confer without counsel, if any, present. 
 68.27     Subd. 3.  [MEDIATOR APPOINTMENT.] In order to participate 
 68.28  in a custody mediation, a mediator must be appointed by the 
 68.29  family court.  A mediator must be a member of the professional 
 68.30  staff of a family court, probation department, mental health 
 68.31  services agency, or a private mediation service.  The mediator 
 68.32  must be on a list of mediators approved by the court having 
 68.33  jurisdiction of the matter, unless the parties stipulate to a 
 68.34  mediator not on the list.  
 68.35     Subd. 4.  [MEDIATOR QUALIFICATIONS.] A mediator who 
 68.36  performs mediation in contested child custody matters shall must 
 69.1   meet the following minimum qualifications: 
 69.2      (a) (1) knowledge of the court system and the procedures 
 69.3   used in contested child custody matters; 
 69.4      (b) (2) knowledge of other resources in the community to 
 69.5   which the parties to contested child custody matters can be 
 69.6   referred for assistance; 
 69.7      (c) (3) knowledge of child development, clinical issues 
 69.8   relating to children, the effects of marriage dissolution on 
 69.9   children, and child custody research; and 
 69.10     (d) (4) a minimum of 40 hours of certified mediation 
 69.11  training. 
 69.12     Subd. 5.  [RECORDS; PRIVATE DATA.] Mediation proceedings 
 69.13  shall must be conducted in private.  All records of a mediation 
 69.14  proceeding shall be are private and not available as evidence in 
 69.15  an action for marriage dissolution and related proceedings on 
 69.16  any issue in controversy in the dissolution.  
 69.17     Subd. 6.  [MEDIATOR RECOMMENDATIONS.] When the parties have 
 69.18  not reached agreement as a result of the mediation proceeding, 
 69.19  the mediator may recommend to the court that an investigation be 
 69.20  conducted under section 518.167, or that other action be taken 
 69.21  to assist the parties to resolve the controversy before hearing 
 69.22  on the issues.  The mediator may not conduct the investigation 
 69.23  or evaluation unless:  (1) the parties agree in a writing, 
 69.24  executed after the termination of mediation, that the mediator 
 69.25  may conduct the investigation or evaluation, or (2) there is no 
 69.26  other person reasonably available to conduct the investigation 
 69.27  or evaluation.  The mediator may recommend that mutual 
 69.28  restraining orders be issued in appropriate cases, pending 
 69.29  determination of the controversy, to protect the well-being of 
 69.30  the children involved in the controversy. 
 69.31     Subd. 7.  [MEDIATION AGREEMENT.] An agreement reached by 
 69.32  the parties as a result of mediation shall must be discussed by 
 69.33  the parties with their attorneys, if any, and.  The approved 
 69.34  agreement may then be included in the marital dissolution decree 
 69.35  or other stipulation submitted to the court.  An agreement 
 69.36  reached by the parties as a result of mediation may not be 
 70.1   presented to the court nor made enforceable unless the parties 
 70.2   and their counsel, if any, consent to its presentation to the 
 70.3   court, and the court adopts the agreement. 
 70.4      Subd. 8.  [RULES.] Each court shall must adopt rules to 
 70.5   implement this section, and shall must compile and maintain a 
 70.6   list of mediators. 
 70.7      Sec. 46.  [INSTRUCTION TO REVISOR.] 
 70.8      The revisor of statutes must renumber the sections in 
 70.9   Minnesota Statutes 2000 listed in column A as indicated in 
 70.10  column B and correct cross-references to those sections 
 70.11  throughout Minnesota Statutes and Minnesota Rules. 
 70.12          A                         B
 70.13  518.003, subd. 3           517B.01, subd. 2
 70.14  518.003, subd. 5           517B.01, subd. 3
 70.15  518.155                    517B.02
 70.16  518.156                    517B.13
 70.17  518.157                    517B.06
 70.18  518.158, subd. 1           517B.22, subd. 2
 70.19  518.158, subd. 2           517B.22, subd. 3
 70.20  518.158, subd. 3           517B.22, subd. 4
 70.21  518.158, subd. 4           517B.22, subd. 5
 70.22  518.158, subd. 5           517B.22, subd. 1
 70.23  518.165                    517B.08
 70.24  518.166                    517B.14
 70.25  518.167                    517B.15
 70.26  518.168                    517B.16
 70.27  518.1705                   517B.25
 70.28  518.175, subd. 1           517B.27, subd. 1
 70.29  518.175, subd. 1a          517B.27, subd. 2
 70.30  518.175, subd. 2           517B.27, subd. 3
 70.31  518.175, subd. 3           517B.27, subd. 4
 70.32  518.175, subd. 5           517B.27, subd. 6
 70.33  518.175, subd. 6           517B.27, subd. 7
 70.34  518.175, subd. 7           517B.30
 70.35  518.175, subd. 8           517B.27, subd. 8
 70.36  518.1751, subd. 1          517B.28, subd. 1
 71.1   518.1751, subd. 1a         517B.28, subd. 2
 71.2   518.1751, subd. 1b         517B.28, subd. 3
 71.3   518.1751, subd. 2          517B.28, subd. 6
 71.4   518.1751, subd. 2a         517B.28, subd. 7
 71.5   518.1751, subd. 2b         517B.28, subd. 4
 71.6   518.1751, subd. 2c         517B.28, subd. 5
 71.7   518.1751, subd. 3          517B.28, subd. 8
 71.8   518.1751, subd. 4          517B.28, subd. 13
 71.9   518.1751, subd. 4a         517B.28, subd. 9
 71.10  518.1751, subd. 5          517B.28, subd. 10
 71.11  518.1751, subd. 5a         517B.28, subd. 11
 71.12  518.1751, subd. 6          517B.28, subd. 12
 71.13  518.176                    517B.20
 71.14  518.177                    517B.04
 71.15  518.178                    517B.27, subd. 5
 71.16  518.179                    517B.09
 71.17  518.18                     517B.21
 71.18  518.183                    517B.26
 71.19  518.612                    517B.10
 71.20  518.619                    517B.07
 71.21     Sec. 47.  [REPEALER.] 
 71.22     Minnesota Statutes 2000, sections 518.17; and 518.185, are 
 71.23  repealed. 
 71.24                             ARTICLE 3 
 71.25                           CHILD SUPPORT 
 71.26     Section 1.  Minnesota Statutes 2000, section 256.9791, is 
 71.27  amended to read: 
 71.28     256.9791 [MEDICAL SUPPORT BONUS INCENTIVES.] 
 71.29     Subdivision 1.  [BONUS INCENTIVE.] (a) A bonus incentive 
 71.30  program is created to increase the identification and 
 71.31  enforcement by county agencies of dependent health insurance 
 71.32  coverage for persons who are receiving medical assistance under 
 71.33  section 256B.055 and children and family units for whom the 
 71.34  county agency is providing child support enforcement services.  
 71.35     (b) The bonus shall be awarded to a county child support 
 71.36  agency for each person child for whom coverage is identified and 
 72.1   enforced by the child support enforcement program when the 
 72.2   obligor is under a court order to provide dependent health 
 72.3   insurance coverage is in effect.  
 72.4      (c) Bonus incentive funds under this section must be 
 72.5   reinvested in the county child support enforcement program and a 
 72.6   county may not reduce funding of the child support enforcement 
 72.7   program by the amount of the bonus earned. 
 72.8      Subd. 2.  [DEFINITIONS.] For the purpose of this section, 
 72.9   the following definitions apply.  
 72.10     (a) "Case" means a family unit that is receiving medical 
 72.11  assistance under section 256B.055 and for whom the county agency 
 72.12  is providing child support enforcement services.  
 72.13     (b) "Commissioner" means the commissioner of the department 
 72.14  of human services.  
 72.15     (c) "County agency" means the county child support 
 72.16  enforcement agency.  
 72.17     (d) "Coverage" means initial dependent health insurance 
 72.18  benefits for a case or individual member child of a case, or 
 72.19  medical assistance under section 256B.055 and MinnesotaCare 
 72.20  under section 256L.07.  
 72.21     (e) "Enforce" or "enforcement" means obtaining proof of 
 72.22  current or future dependent health insurance coverage through an 
 72.23  overt act by the county agency. 
 72.24     (f) "Enforceable order" means a child support court order 
 72.25  containing the statutory language in section 518.171 517C.15 or 
 72.26  other language ordering an obligor a parent to provide dependent 
 72.27  health insurance coverage.  
 72.28     (g) "Identify" or "identification" means obtaining proof of 
 72.29  dependent health insurance coverage through an overt act by the 
 72.30  county agency.  
 72.31     Subd. 3.  [ELIGIBILITY; REPORTING REQUIREMENTS.] (a) In 
 72.32  order for a county to be eligible to claim a bonus incentive 
 72.33  payment, the county agency must provide the required information 
 72.34  for each public assistance case no later than June 30 of each 
 72.35  year to determine eligibility.  The public authority shall use 
 72.36  the information to establish for each county the number of cases 
 73.1   in which (1) the court has established an obligation for 
 73.2   coverage by the obligor, and (2) coverage was in effect as of 
 73.3   June 30.  
 73.4      (b) A county that fails to provide the required information 
 73.5   by June 30 of each fiscal year is not eligible for any bonus 
 73.6   payments under this section for that fiscal year. 
 73.7      Subd. 4.  [RATE OF BONUS INCENTIVE.] The rate of the bonus 
 73.8   incentive shall be determined according to paragraph (a). 
 73.9      (a) When a county agency has identified or enforced 
 73.10  coverage, the county shall receive $50 for each additional 
 73.11  person child for whom coverage is identified or enforced.  
 73.12     (b) Bonus payments according to paragraph (a) are limited 
 73.13  to one bonus for each covered person child each time the county 
 73.14  agency identifies or enforces previously unidentified 
 73.15  health insurance coverage and apply only to coverage identified 
 73.16  or enforced after July 1, 1990. 
 73.17     Subd. 5.  [CLAIMS FOR BONUS INCENTIVE.] (a) Beginning July 
 73.18  1, 1990, county agencies shall file a claim for a medical 
 73.19  support bonus payment by reporting to the commissioner the 
 73.20  following information for each case where dependent health 
 73.21  insurance coverage is identified or enforced as a result of an 
 73.22  overt act of the county agency: 
 73.23     (1) child support enforcement system case number or county 
 73.24  specific case number; 
 73.25     (2) names and dates of birth for each person child covered; 
 73.26  and 
 73.27     (3) the effective date of coverage. 
 73.28     (b) The report must be made upon enrollment in coverage but 
 73.29  no later than September 30 for coverage identified or 
 73.30  established during the preceding fiscal year. 
 73.31     (c) The county agency making the initial contact resulting 
 73.32  in the establishment of coverage is the county agency entitled 
 73.33  to claim the bonus incentive even if the case is transferred to 
 73.34  another county agency prior to the time coverage is established. 
 73.35     (d) Disputed claims must be submitted to the commissioner 
 73.36  and the commissioner's decision is final. 
 74.1      Subd. 6.  [DISTRIBUTION.] (a) Bonus incentives must be 
 74.2   issued to the county agency quarterly, within 45 days after the 
 74.3   last day of each quarter for which a bonus incentive is being 
 74.4   claimed, and must be paid up to the limit of the appropriation 
 74.5   in the order in which claims are received.  
 74.6      (b) Total bonus incentives must be computed by multiplying 
 74.7   the number of persons children included in claims submitted in 
 74.8   accordance with this section by the applicable bonus payment as 
 74.9   determined in subdivision 4. 
 74.10     (c) The county agency must repay any bonus erroneously 
 74.11  issued. 
 74.12     (d) A county agency must maintain a record of bonus 
 74.13  incentives claimed and received for each quarter. 
 74.14     Sec. 2.  [517C.01] [TITLE.] 
 74.15     This chapter may be cited as the "Minnesota Child Support 
 74.16  Act." 
 74.17     Sec. 3.  [517C.02] [DEFINITIONS.] 
 74.18     Subdivision 1.  [SCOPE.] The definitions in this section 
 74.19  apply to this chapter. 
 74.20     Subd. 2.  [ARREARS.] "Arrears" means amounts owed under a 
 74.21  support order that are past due.  It includes child support, 
 74.22  pregnancy and confinement expenses, attorney fees, and any other 
 74.23  obligations addressed in a support order. 
 74.24     Subd. 3.  [BUSINESS DAY.] "Business day" means a day on 
 74.25  which state offices are open for regular business. 
 74.26     Subd. 4.  [CHILD.] "Child" means an individual under 18 
 74.27  years of age, an individual under age 20 who is still attending 
 74.28  secondary school, or an individual who, by reason of physical or 
 74.29  mental condition, is incapable of self-support. 
 74.30     Subd. 5.  [CHILD SUPPORT.] "Child support" means: 
 74.31     (1) an award in a dissolution, legal separation, annulment, 
 74.32  or parentage proceeding for the care, support, and education of 
 74.33  a child of the marriage or of the parties to the proceeding; 
 74.34     (2) a contribution by parents ordered under section 256.87; 
 74.35  or 
 74.36     (3) support ordered under chapter 518B or 518C.  
 75.1      Subd. 6.  [DEPOSIT ACCOUNT.] "Deposit account" means funds 
 75.2   deposited with a financial institution in the form of a savings 
 75.3   account, checking account, NOW account, or demand deposit 
 75.4   account. 
 75.5      Subd. 7.  [FINANCIAL INSTITUTION.] "Financial institution" 
 75.6   means a savings association, bank, trust company, credit union, 
 75.7   industrial loan and thrift company, bank and trust company, or 
 75.8   savings association, and includes a branch or detached facility 
 75.9   of a financial institution. 
 75.10     Subd. 8.  [OBLIGEE.] "Obligee" means a person to whom 
 75.11  payments for child support are owed. 
 75.12     Subd. 9.  [OBLIGOR.] "Obligor" means a person obligated to 
 75.13  pay child support.  A person who is designated as the sole 
 75.14  physical custodian of a child is presumed not to be an obligor 
 75.15  for purposes of calculating current support unless the court 
 75.16  makes specific written findings to overcome this presumption. 
 75.17     Subd. 10.  [PAYMENT.] "Payment" means the payment of child 
 75.18  support, child care support, medical support, and related 
 75.19  payments required by order of a tribunal, voluntary support, or 
 75.20  statutory fees. 
 75.21     Subd. 11.  [PAYOR OF FUNDS.] "Payor of funds" means a 
 75.22  person or entity that provides funds to an obligor, including an 
 75.23  employer as defined under chapter 24 of the Internal Revenue 
 75.24  Code, section 3401(d), an independent contractor, payor of 
 75.25  workers' compensation benefits or reemployment compensation, or 
 75.26  a financial institution as defined in section 13B.06. 
 75.27     Subd. 12.  [PUBLIC AUTHORITY.] "Public authority" means the 
 75.28  local unit of government, acting on behalf of the state, that is 
 75.29  responsible for child support enforcement or the child support 
 75.30  enforcement division of the department of human services. 
 75.31     Subd. 13.  [SUBSEQUENT CHILD.] "Subsequent child" means a 
 75.32  child born after the child who is the subject of the child 
 75.33  support proceeding. 
 75.34     Subd. 14.  [SUPPORT ORDER.] (a) "Support order" means a 
 75.35  judgment, decree, or order, whether temporary, final, or subject 
 75.36  to modification, issued by a court or administrative agency of 
 76.1   competent jurisdiction that: 
 76.2      (1) provides for the support of a child, including a child 
 76.3   who has attained the age of majority under the law of the 
 76.4   issuing state; 
 76.5      (2) provides for monetary support, child care, medical 
 76.6   support including expenses for confinement and pregnancy, 
 76.7   arrears, or reimbursement; and 
 76.8      (3) may include related costs and fees, interest and 
 76.9   penalties, income withholding, and other relief. 
 76.10     (b) The definition in paragraph (a) applies to orders 
 76.11  issued under this chapter and chapters 256, 257, 518B, and 518C. 
 76.12     Subd. 15.  [TRIBUNAL.] "Tribunal" has the meaning given in 
 76.13  section 518C.101. 
 76.14     Sec. 4.  [517C.03] [PROCEDURAL RULES.] 
 76.15     The supreme court may promulgate rules to be used in child 
 76.16  support cases. 
 76.17     Sec. 5.  [517C.04] [CHILD SUPPORT ORDERS.] 
 76.18     Subdivision 1.  [ORDER.] (a) Upon dissolution of marriage, 
 76.19  legal separation, annulment, establishment of paternity, or when 
 76.20  otherwise required by statute, the court must order child 
 76.21  support as provided by this chapter. 
 76.22     (b) Nothing contained in this chapter limits the power of 
 76.23  the court to make appropriate, adequate orders for the support 
 76.24  and education of a child of the parties to a dissolution, legal 
 76.25  separation, or annulment action if the dissolution, legal 
 76.26  separation, or annulment is denied. 
 76.27     Subd. 2.  [PROVISIONS.] Child support orders must provide 
 76.28  for general child rearing costs, or basic needs, and must also 
 76.29  specifically address medical care and child care costs, 
 76.30  providing for those costs pursuant to this chapter. 
 76.31     Subd. 3.  [AGREEMENTS.] If the parties stipulate or agree 
 76.32  to a child support order, the court must review the agreement to 
 76.33  ensure it serves the best interests of the child.  The supreme 
 76.34  court may promulgate rules regarding the review of stipulations 
 76.35  and agreements.  The court may refuse to accept or may alter an 
 76.36  agreement that does not conform with the requirements of this 
 77.1   chapter or that is otherwise not in the best interests of the 
 77.2   child. 
 77.3      Subd. 4.  [PREFERENCE FOR SPECIFIC DOLLAR AMOUNT.] (a) 
 77.4   There is a presumption in favor of ordering child support in a 
 77.5   specific dollar amount, as opposed to a percentage of income. 
 77.6      (b) The court may order an obligor to pay child support in 
 77.7   the form of a percentage share of the obligor's net bonuses, 
 77.8   commissions, or other forms of compensation, in addition to, or 
 77.9   if the obligor receives no base pay, in lieu of an order for a 
 77.10  specific dollar amount. 
 77.11     Subd. 5.  [PREFERENCE FOR MONTHLY PAYMENT.] There is a 
 77.12  presumption in favor of ordering child support in an amount that 
 77.13  reflects an obligor's monthly obligation. 
 77.14     Subd. 6.  [PREFERENCE FOR STATIC PAYMENT.] (a) There is a 
 77.15  presumption in favor of ordering child support so that an 
 77.16  obligor makes the same monthly payments throughout the year, as 
 77.17  opposed to payment amounts that fluctuate by season or month.  
 77.18  If the obligor is seasonally employed, it is generally the 
 77.19  responsibility of the obligor to budget income accordingly. 
 77.20     Subd. 7.  [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) 
 77.21  Upon the motion of an obligor, a court may order an obligee to 
 77.22  account for the use or disposition of child support received.  
 77.23  The motion must assert the specific allegations of abuse or 
 77.24  misapplication of child support received and that a child's 
 77.25  needs are not being met.  If the court orders a hearing, the 
 77.26  court may order an accounting only if the obligor establishes 
 77.27  the specific allegations of abuse or misapplication of child 
 77.28  support received and that the child's needs are not being met. 
 77.29     (b) If the court orders an accounting under paragraph (a), 
 77.30  the obligee must provide documentation that breaks down monthly 
 77.31  expenditures of child support received into the following 
 77.32  categories: 
 77.33     (1) housing and utilities; 
 77.34     (2) food; 
 77.35     (3) transportation; 
 77.36     (4) clothing; 
 78.1      (5) health care; 
 78.2      (6) child care and education; and 
 78.3      (7) miscellaneous. 
 78.4   An obligee may account for expenditures on housing, utilities, 
 78.5   food, and transportation that are attributable to multiple 
 78.6   household members on a per capita basis. 
 78.7      (c) If the court finds that an obligee does not make the 
 78.8   accounting required under paragraph (b) or the obligee does not 
 78.9   spend the entire child support payment on behalf of the child, 
 78.10  the court may: 
 78.11     (1) hold the obligee in contempt of court; 
 78.12     (2) reduce or eliminate the obligor's child support 
 78.13  obligation; 
 78.14     (3) order the obligee to make future expenditures on behalf 
 78.15  of the child, whether in whole or in part, in a manner that 
 78.16  documents the transaction; or 
 78.17     (4) make any other appropriate order to ensure that the 
 78.18  needs of the child are met. 
 78.19     (d) If the court determines that an obligor's motion under 
 78.20  this section is brought in bad faith, the court may award 
 78.21  reasonable attorney fees to the obligee. 
 78.22     Subd. 8.  [DEPARTURE.] The court may depart from a 
 78.23  presumption in subdivision 4, 5, or 6 if: 
 78.24     (1) all parties agree; or 
 78.25     (2) the presumption would impose an extreme hardship on the 
 78.26  obligor and would not be in the best interests of the child. 
 78.27     Subd. 9.  [CHILD SUPPORT TO BE DISTINGUISHED FROM 
 78.28  MAINTENANCE.] In a judgment of dissolution or legal separation, 
 78.29  the court must clearly distinguish between payments ordered for 
 78.30  maintenance and payments ordered for child support.  An award of 
 78.31  payments from future income or earnings of the parent with whom 
 78.32  the child resides is presumed to be maintenance and an award of 
 78.33  payments from the future income or earnings of the other parent 
 78.34  is presumed to be child support, unless otherwise designated by 
 78.35  the court. 
 78.36     Subd. 10.  [OTHER CUSTODIANS.] If a child resides with a 
 79.1   person other than a parent and the court approves of the custody 
 79.2   arrangement, the court may order child support payments to be 
 79.3   made to the custodian regardless of whether the person has legal 
 79.4   custody. 
 79.5      Subd. 11.  [EITHER PARENT LIABLE; MARITAL MISCONDUCT 
 79.6   IRRELEVANT.] The court may order either or both parents owing a 
 79.7   duty of support to a child to pay an amount reasonable or 
 79.8   necessary for the child's support, without regard to marital 
 79.9   misconduct. 
 79.10     Sec. 6.  [517C.05] [TEMPORARY ORDERS.] 
 79.11     Subdivision 1.  [MOTION; SCOPE.] In a child support 
 79.12  proceeding a party may, by motion, request that the court grant 
 79.13  a temporary order pending the final disposition of the 
 79.14  proceeding for temporary child support, costs, and reasonable 
 79.15  attorney fees.  Additionally, to facilitate the just and speedy 
 79.16  disposition of the proceeding, the court may require a party to 
 79.17  perform or refrain from performing additional acts. 
 79.18     Subd. 2.  [DURATION.] A temporary order continues in full 
 79.19  force and effect until: 
 79.20     (1) it is amended; 
 79.21     (2) it is vacated; 
 79.22     (3) the main action is dismissed; or 
 79.23     (4) a final decree of dissolution, legal separation, or 
 79.24  other final order is entered. 
 79.25     Subd. 3.  [FACTORS.] The court must consider the factors 
 79.26  set forth in this chapter in making temporary orders. 
 79.27     Subd. 4.  [EVIDENCE.] Temporary orders must be made solely 
 79.28  on the basis of affidavits and argument of counsel unless: 
 79.29     (1) a party makes a timely motion or responsive motion to 
 79.30  hear the matter on oral testimony before the court; or 
 79.31     (2) the court in its discretion orders the taking of oral 
 79.32  testimony. 
 79.33     Subd. 5.  [LIMITED EFFECT.] A temporary order does not 
 79.34  prejudice the rights of the parties or the child that are to be 
 79.35  adjudicated at subsequent hearings in the proceeding. 
 79.36     Subd. 6.  [MODIFICATION.] A temporary order may be revoked 
 80.1   or modified by the court before the final disposition of the 
 80.2   proceeding upon the same grounds and subject to the same 
 80.3   requirements as the initial granting of the order. 
 80.4      Sec. 7.  [517C.06] [DETERMINATION OF CONTROLLING ORDER.] 
 80.5      The public authority or a party may request the court to 
 80.6   determine a controlling order when more than one order involving 
 80.7   the same obligor and child exists. 
 80.8      Sec. 8.  [517C.07] [ATTORNEY FEES; COSTS AND 
 80.9   DISBURSEMENTS.] 
 80.10     Subdivision 1.  [GENERAL.] (a) Except as provided in 
 80.11  section 517C.83, in a proceeding under this chapter, the court 
 80.12  must award attorney fees, costs, and disbursements in an amount 
 80.13  necessary to enable a party to carry on or contest the 
 80.14  proceeding if: 
 80.15     (1) the fees are necessary for the good-faith assertion of 
 80.16  the party's rights in the proceeding and will not contribute 
 80.17  unnecessarily to the length and expense of the proceeding; 
 80.18     (2) the party from whom fees, costs, and disbursements are 
 80.19  sought has the means to pay them; and 
 80.20     (3) the party to whom fees, costs, and disbursements are 
 80.21  awarded does not have the means to pay them. 
 80.22     (b) Fees, costs, and disbursements may be awarded at any 
 80.23  point during or after a proceeding under this chapter. 
 80.24     (c) The court may assess costs and disbursements against 
 80.25  either party. 
 80.26     Subd. 2.  [UNREASONABLE ACTIONS.] The court may, in its 
 80.27  discretion, assess additional fees, costs, and disbursements 
 80.28  against a party who unreasonably contributes to the length or 
 80.29  expense of the proceeding. 
 80.30     Subd. 3.  [COLLECTION.] The court may authorize the 
 80.31  collection of money awarded by execution, or out of property 
 80.32  sequestered, or in any other manner within the power of the 
 80.33  court.  An award of attorney fees survives the proceeding.  If 
 80.34  the award is not paid by the party directed to pay it, the award 
 80.35  may be enforced as provided by this subdivision or by a separate 
 80.36  civil action brought in the attorney's own name. 
 81.1      Sec. 9.  [517C.10] [EXCHANGE OF INFORMATION.] 
 81.2      Subdivision 1.  [DOCUMENTATION.] The parties must timely 
 81.3   serve and file documentation of earnings and income.  
 81.4   Documentation of earnings and income includes, but is not 
 81.5   limited to, pay stubs for the most recent three months, employer 
 81.6   statements, or statement of receipts and expenses if 
 81.7   self-employed.  Documentation of earnings and income also 
 81.8   includes copies of each parent's most recent federal tax 
 81.9   returns, W-2 forms, 1099 forms, reemployment compensation 
 81.10  statements, workers' compensation statements, and all other 
 81.11  documents evidencing the receipt of income that provide 
 81.12  verification of income over a longer period. 
 81.13     Subd. 2.  [ANNUAL EXCHANGE OF TAX RETURNS.] An obligor and 
 81.14  obligee must annually provide all other parties with a copy of 
 81.15  his or her federal tax return filed with the Internal Revenue 
 81.16  Service. 
 81.17     Subd. 3.  [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] An 
 81.18  obligor must notify other parties of a change of address or 
 81.19  residence within 60 days of the address or residence change. 
 81.20     Subd. 4.  [NOTICE TO PUBLIC AUTHORITY; PUBLIC ASSISTANCE.] 
 81.21  The petitioner must notify the public authority of all 
 81.22  proceedings for dissolution, legal separation, determination of 
 81.23  parentage, or for the custody of a child, if either party is 
 81.24  receiving public assistance or applies for it subsequent to the 
 81.25  commencement of the proceeding.  The notice must contain the 
 81.26  full names of the parties to the proceeding, their social 
 81.27  security account numbers, and their birth dates. 
 81.28     Subd. 5.  [FAILURE OF NOTICE.] If the court in a 
 81.29  dissolution, legal separation, or determination of parentage 
 81.30  proceeding, finds before issuing the order for judgment and 
 81.31  decree, that notification has not been given to the public 
 81.32  authority, the court must set child support according to the 
 81.33  guidelines in this chapter.  In those proceedings in which no 
 81.34  notification has been made pursuant to this section and in which 
 81.35  the public authority determines that the judgment is lower than 
 81.36  the child support required by the guidelines in this chapter, it 
 82.1   must move the court for a redetermination of the support 
 82.2   payments ordered so that the support payments comply with the 
 82.3   guidelines. 
 82.4      Sec. 10.  [517C.11] [PRIVACY PROTECTION; PERSONAL 
 82.5   PROTECTION.] 
 82.6      Subdivision 1.  [SOCIAL SECURITY NUMBERS; TAX RETURNS.] The 
 82.7   social security numbers and tax returns required under this 
 82.8   chapter are not accessible to the public, except that they must 
 82.9   be disclosed to the other parties to a proceeding as provided in 
 82.10  section 517C.10. 
 82.11     Subd. 2.  [MODIFICATION OF CERTAIN REQUIREMENTS.] The court 
 82.12  may modify or limit the information exchange requirements of 
 82.13  this chapter by order if necessary to protect a party from 
 82.14  contact by another party. 
 82.15     Subd. 3.  [ACCESS TO ADDRESS FOR SERVICE OF PROCESS.] (a) 
 82.16  If the public authority is a party or is providing services in a 
 82.17  support case, a party may obtain an ex parte order under this 
 82.18  subdivision.  The party may obtain an ex parte order requiring 
 82.19  the public authority to serve legal documents on the other party 
 82.20  by mail if the party submits a sworn affidavit to the court 
 82.21  stating that: 
 82.22     (1) the party needs to serve legal process in a support 
 82.23  proceeding and does not have access to the address of the other 
 82.24  party; 
 82.25     (2) the party has made reasonable efforts to locate the 
 82.26  other party; and 
 82.27     (3) the other party is not represented by counsel. 
 82.28     (b) The public authority must serve legal documents 
 82.29  provided by the moving party at the last known address of the 
 82.30  other party upon receipt of a court order under paragraph (a).  
 82.31  The public authority must provide for appropriate service and 
 82.32  must certify to all parties the date of service by mail.  The 
 82.33  public authority's proof of service must not include the place 
 82.34  or address of service. 
 82.35     (c) The state court administrator must prepare and make 
 82.36  available forms for use in seeking access to an address under 
 83.1   this subdivision. 
 83.2      Sec. 11.  [517C.12] [INCOME.] 
 83.3      Subdivision 1.  [DEFINITION.] For purposes of calculating 
 83.4   child support under this chapter, "income" means gross income. 
 83.5      Subd. 2.  [SOURCES.] For purposes of this chapter, income 
 83.6   includes any form of periodic payment to an individual 
 83.7   including, but not limited to: 
 83.8      (1) wages; 
 83.9      (2) salaries; 
 83.10     (3) payments to an independent contractor; 
 83.11     (4) workers' compensation; 
 83.12     (5) reemployment compensation; 
 83.13     (6) annuity; 
 83.14     (7) military and naval retirement; 
 83.15     (8) pension and disability payments; and 
 83.16     (9) in-kind payments received by the obligor in the course 
 83.17  of employment, self-employment, or operation of a business if 
 83.18  the payments reduce the obligor's living expenses. 
 83.19     Subd. 3.  [COMMISSIONS; BONUSES.] If the court finds that a 
 83.20  party's commissions or bonuses are reliable and predictable, the 
 83.21  court may include them in income calculations. 
 83.22     Subd. 4.  [SELF-EMPLOYMENT; INDEPENDENT CONTRACTORS.] (a) 
 83.23  Income from self-employment is equal to gross receipts minus 
 83.24  ordinary and necessary expenses.  Ordinary and necessary 
 83.25  expenses do not necessarily include amounts allowed by the 
 83.26  Internal Revenue Service for accelerated depreciation expenses 
 83.27  or investment tax credits or any other business expenses 
 83.28  determined by the court to be inappropriate for determining 
 83.29  income for purposes of child support.  The person seeking to 
 83.30  deduct an expense, including depreciation, has the burden of 
 83.31  proving, if challenged, that the expense is ordinary and 
 83.32  necessary.  Income calculated under this section may be 
 83.33  different from taxable income. 
 83.34     Subd. 5.  [PUBLIC ASSISTANCE EXCLUSIONS.] Benefits received 
 83.35  under Title IV-A of the Social Security Act and chapter 256J are 
 83.36  not income under this section. 
 84.1      Subd. 6.  [OVERTIME.] (a) Income does not include 
 84.2   compensation received by a party for employment in excess of a 
 84.3   40-hour work week if: 
 84.4      (1) the excess employment is not within the normal range of 
 84.5   hours worked, given the party's employment history; 
 84.6      (2) the excess employment is voluntary and not a condition 
 84.7   of employment; 
 84.8      (3) the excess employment is in the nature of additional, 
 84.9   part-time or overtime employment compensable by the hour or 
 84.10  fraction of an hour; and 
 84.11     (4) the party's compensation structure has not been changed 
 84.12  for the purpose of affecting a child support obligation. 
 84.13     (b) The court may presume that a party with seasonal or 
 84.14  intermittent income who works periods in excess of a 40-hour 
 84.15  work week, but who works a substantially normal number of hours 
 84.16  over the course of a year, is working within the normal range of 
 84.17  hours worked. 
 84.18     Subd. 7.  [INCOME OF A SPOUSE OR OTHER HOUSEHOLD 
 84.19  MEMBER.] (a) Income must not include the income of a party's 
 84.20  spouse or other household member.  The court must not consider 
 84.21  the income or resources provided by a spouse or other household 
 84.22  member when determining all the earnings, income, and resources 
 84.23  of a parent under section 517C.17. 
 84.24     (b) Notwithstanding paragraph (a), the court may issue an 
 84.25  order permitting discovery of a spouse or other household 
 84.26  member's income information if there is probable cause to 
 84.27  believe the spouse or other household member is being used to 
 84.28  shelter income from a party.  If the court finds that income was 
 84.29  improperly or unfairly sheltered, it may impute income to the 
 84.30  party or otherwise adjust the support amount in a just and 
 84.31  proper manner.  However, the court may not under any 
 84.32  circumstances consider income or resources properly attributable 
 84.33  to a spouse or other household member when setting support. 
 84.34     Subd. 8.  [PRIOR ORDERS BEING PAID.] A child support or 
 84.35  maintenance order that is currently being paid must be deducted 
 84.36  from income. 
 85.1      Sec. 12.  [517C.13] [IMPUTED INCOME.] 
 85.2      Subdivision 1.  [NONAPPEARANCE OF A PARTY.] If a parent 
 85.3   under the jurisdiction of the court does not appear at a court 
 85.4   hearing after proper notice of the time and place of the 
 85.5   hearing, the court must set income for that parent based on 
 85.6   credible evidence before the court or in accordance with 
 85.7   subdivision 3.  Credible evidence may include documentation of 
 85.8   current or recent income, testimony of the other parent 
 85.9   concerning recent earnings and income levels, and the parent's 
 85.10  wage reports filed with the Minnesota department of economic 
 85.11  security under section 268.044. 
 85.12     Subd. 2.  [VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT.] (a) 
 85.13  The principles of income imputation apply equally to obligors 
 85.14  and obligees. 
 85.15     (b) If the court finds that a parent is voluntarily 
 85.16  unemployed or underemployed or was voluntarily unemployed or 
 85.17  underemployed during the period for which past support is being 
 85.18  sought, support must be calculated based on a determination of 
 85.19  imputed income. 
 85.20     (c) A parent is not considered voluntarily unemployed or 
 85.21  underemployed upon a showing by the parent that: 
 85.22     (1) the unemployment or underemployment is temporary and 
 85.23  will ultimately lead to an increase in income; 
 85.24     (2) the unemployment or underemployment represents a bona 
 85.25  fide career change that outweighs the adverse effect of that 
 85.26  parent's diminished income on the child; 
 85.27     (3) the parent is a recipient of public assistance under 
 85.28  section 256.741; or 
 85.29     (4) the parent is physically or mentally incapacitated. 
 85.30     (d) Imputed income means the estimated earning ability of a 
 85.31  parent based on the parent's prior earnings history, education, 
 85.32  and job skills, and on availability of jobs within the community 
 85.33  for an individual with the parent's qualifications. 
 85.34     Subd. 3.  [INSUFFICIENT INFORMATION.] If there is 
 85.35  insufficient information to determine actual income or to impute 
 85.36  income pursuant to subdivision 1 or 2, the court may calculate 
 86.1   support based on full-time employment of 40 hours per week at 
 86.2   150 percent of the federal minimum wage or the Minnesota minimum 
 86.3   wage, whichever is higher. 
 86.4      Sec. 13.  [517C.14] [PRESUMPTIVE CHILD SUPPORT ORDER; 
 86.5   GENERAL.] 
 86.6      Subdivision 1.  [REBUTTABLE PRESUMPTION.] The guidelines in 
 86.7   sections 517C.12 to 517C.16 are a rebuttable presumption and 
 86.8   must be used in all cases when establishing or modifying child 
 86.9   support. 
 86.10     Subd. 2.  [SUBSTANTIAL UNFAIRNESS; MINIMUM SUPPORT 
 86.11  AMOUNT.] (a) If the presumptive support amount derived from the 
 86.12  child support worksheet leaves the obligor with income less than 
 86.13  150 percent of the federal poverty guidelines, the worksheet 
 86.14  does not apply and the court must order support in a fair and 
 86.15  equitable amount that leaves both parties in a substantially 
 86.16  similar situation in relation to the federal poverty guidelines 
 86.17  considering: 
 86.18     (1) the factors outlined in section 517C.17; 
 86.19     (2) tax credits and deductions available to either party; 
 86.20  and 
 86.21     (3) receipt of public assistance by either party. 
 86.22     (b) In any event, the court must order support in an amount 
 86.23  not less than $50 per child per month unless the court finds 
 86.24  that the obligor completely lacks an ability to pay due to a 
 86.25  circumstance such as a permanent and total disability or 
 86.26  incarceration without work release privileges. 
 86.27     (c) For purposes of this section, when determining income 
 86.28  relative to the federal poverty guidelines, only children common 
 86.29  to the obligor and obligee are included in the household. 
 86.30     Subd. 3.  [CHILD SUPPORT CAP.] (a) Except as provided under 
 86.31  paragraph (b), a monthly basic needs obligation in a child 
 86.32  support order must not exceed: 
 86.33     (1) $1,500 for one child; 
 86.34     (2) $2,400 for two children; 
 86.35     (3) $2,800 for three children; or 
 86.36     (4) $2,800 plus $300 for each additional child over three 
 87.1   children. 
 87.2      (b) A court may order a basic needs obligation in a child 
 87.3   support order in an amount that exceeds the limit in paragraph 
 87.4   (a) if it finds that a child has a disability or other 
 87.5   substantial, demonstrated need for the additional support and 
 87.6   that the additional support will directly benefit the child. 
 87.7      (c) The dollar amounts in paragraph (a) must be adjusted on 
 87.8   July 1 of every even-numbered year to reflect cost-of-living 
 87.9   changes.  The supreme court must select the index for the 
 87.10  adjustment from the indices listed in section 517C.31.  The 
 87.11  state court administrator must make the changes in the dollar 
 87.12  amounts required by this paragraph available to courts and the 
 87.13  public on or before April 30 of the year in which the amount is 
 87.14  to change. 
 87.15     Subd. 4.  [CHILD CARE COSTS.] (a) The court must require 
 87.16  verification of employment or school attendance and 
 87.17  documentation of child care expenses from the obligee and the 
 87.18  public authority, if applicable. 
 87.19     (b) If child care expenses fluctuate during the year 
 87.20  because of seasonal employment or school attendance of the 
 87.21  obligee or extended periods of parenting time with the obligor, 
 87.22  the court must determine child care expenses based on an average 
 87.23  monthly cost. 
 87.24     (c) The amount allocated for child care expenses is 
 87.25  considered child support but is not subject to a cost-of-living 
 87.26  adjustment under section 517C.31. 
 87.27     (d) The amount allocated for child care expenses terminates 
 87.28  when either party notifies the public authority that the child 
 87.29  care costs have ended and without any legal action on the part 
 87.30  of either party.  The public authority must verify the 
 87.31  information received under this paragraph before authorizing 
 87.32  termination.  The termination is effective as of the date of the 
 87.33  notification.  In other cases where there is a substantial 
 87.34  increase or decrease in child care expenses, the parties may 
 87.35  modify the order under section 517C.31. 
 87.36     (e) The court may allow the parent with whom the child does 
 88.1   not reside to care for the child while the parent with whom the 
 88.2   child resides is working, as provided in section 517B.27, 
 88.3   subdivision 8.  Allowing the parent with whom the child does not 
 88.4   reside to care for the child under section 517B.27, subdivision 
 88.5   8, is not a reason to deviate from the guidelines. 
 88.6      Subd. 5.  [PARENTING TIME ADJUSTMENTS.] (a) For the purpose 
 88.7   of applying the proper parenting time adjustment on line 5 of 
 88.8   the presumptive support worksheet, the following principles 
 88.9   apply: 
 88.10     (1) the label given to a custody arrangement is not 
 88.11  determinative of the applicable adjustment; 
 88.12     (2) the actual division of parenting time controls; and 
 88.13     (3) an overnight stay presumptively constitutes a day of 
 88.14  caregiving. 
 88.15     (b) A parenting time division approximates joint physical 
 88.16  custody if each parent provides, or is responsible for 
 88.17  providing, care at least 45 percent of the days in a year. 
 88.18     (c) If each parent provides, or is responsible for 
 88.19  providing, care at least 45 percent of the days in a year, the 
 88.20  obligor's basic needs obligation on line 5 of the presumptive 
 88.21  child support worksheet under section 517C.16, is 50 percent of 
 88.22  the difference between the obligor's and obligee's basic needs 
 88.23  obligations.  The court must make specific written findings in 
 88.24  support of a parenting time adjustment. 
 88.25     Subd. 6.  [CHILD'S INSURANCE BENEFIT.] In establishing or 
 88.26  modifying child support, if a child receives a child's insurance 
 88.27  benefit under United States Code, title 42, section 402, because 
 88.28  the obligor is entitled to old age or disability insurance 
 88.29  benefits, the amount of support ordered must be offset by the 
 88.30  amount of the child's benefit.  The court must make findings 
 88.31  regarding the obligor's income from all sources, the child 
 88.32  support amount calculated under this chapter, the amount of the 
 88.33  child's benefit, and the obligor's child support obligation.  A 
 88.34  benefit received by the child in a given month in excess of the 
 88.35  child support obligation must not be treated as a payment of 
 88.36  arrears or a future payment. 
 89.1      Subd. 7.  [MORE THAN SIX CHILDREN.] If a child support 
 89.2   proceeding involves more than six children, the court may derive 
 89.3   a support order without specifically following the guidelines.  
 89.4   However, the court must consider the basic principles 
 89.5   encompassed by the guidelines and must consider the needs, 
 89.6   resources, and circumstances of both parties. 
 89.7      Sec. 14.  [517C.15] [MEDICAL SUPPORT.] 
 89.8      Subdivision 1.  [DEFINITIONS.] The definitions in this 
 89.9   subdivision apply to this chapter. 
 89.10     (a) "Health care coverage" means health care benefits that 
 89.11  are provided by a health plan.  Health care coverage does not 
 89.12  include any form of medical assistance under chapter 256B or 
 89.13  MinnesotaCare under chapter 256L. 
 89.14     (b) "Health carrier" means a carrier as defined in sections 
 89.15  62A.011, subdivision 2, and 62L.02, subdivision 16. 
 89.16     (c) "Health plan" means a plan meeting the definition under 
 89.17  section 62A.011, subdivision 3, or a policy, contract, or 
 89.18  certificate issued by a community integrated service network 
 89.19  licensed under chapter 62N, and includes plans:  (1) provided on 
 89.20  an individual and group basis, (2) provided by an employer or 
 89.21  union, (3) purchased in the private market, (4) available to a 
 89.22  person eligible to carry insurance for the child, and (5) 
 89.23  provided through a health plan governed under the federal 
 89.24  Employee Retirement Income Security Act of 1974 (ERISA), United 
 89.25  States Code, title 29, section 1169(a).  "Health plan" includes 
 89.26  a plan providing for dependent-only, dental, or vision coverage 
 89.27  and a plan provided through a party's spouse or parent. 
 89.28     (d) "Medical support" means providing health care coverage 
 89.29  for a child by carrying health care coverage for the child or by 
 89.30  contributing to the cost of health care coverage, public 
 89.31  coverage, unreimbursed medical expenses, and uninsured medical 
 89.32  expenses of the child. 
 89.33     (e) "National medical support notice" is an administrative 
 89.34  notice issued by the public authority to enforce medical support 
 89.35  provisions of a support order in accordance with Code of Federal 
 89.36  Regulations, title 45, section 303.32. 
 90.1      (f) "Public coverage" means health care benefits provided 
 90.2   by any form of medical assistance under chapter 256B or 
 90.3   MinnesotaCare under chapter 256L. 
 90.4      (g) "Uninsured medical expenses" means a child's reasonable 
 90.5   and necessary health-related expenses if the child is not 
 90.6   covered by a health plan or public coverage when the expenses 
 90.7   are incurred. 
 90.8      (h) "Unreimbursed medical expenses" means a child's 
 90.9   reasonable and necessary health-related expenses if a child is 
 90.10  covered by a health plan or public coverage and the plan or 
 90.11  coverage does not pay for the total cost of the expenses when 
 90.12  the expenses are incurred.  Unreimbursed medical expenses do not 
 90.13  include the cost of premiums.  Unreimbursed medical expenses 
 90.14  include, but are not limited to, deductibles, co-payments, and 
 90.15  expenses for orthodontia, prescription eye glasses and contact 
 90.16  lenses, and over-the-counter medicine. 
 90.17     Subd. 2.  [ORDER.] (a) A completed national medical support 
 90.18  notice issued by the public authority or a court order that 
 90.19  complies with this section is a qualified medical child support 
 90.20  order under the federal Employee Retirement Income Security Act 
 90.21  of 1974 (ERISA), United States Code, title 29, section 1169(a). 
 90.22     (b) Every order addressing child support must state: 
 90.23     (1) the names, last known addresses, and social security 
 90.24  numbers of the parents and the child that is a subject of the 
 90.25  order unless the court prohibits the inclusion of an address or 
 90.26  social security number and orders the parent to provide the 
 90.27  address and social security number to the administrator of the 
 90.28  health plan; 
 90.29     (2) whether appropriate health care coverage for the child 
 90.30  is available and, if so, state: 
 90.31     (i) which party must carry health care coverage; 
 90.32     (ii) the cost of premiums and how the cost is allocated 
 90.33  between the parties; 
 90.34     (iii) how unreimbursed expenses will be allocated and 
 90.35  collected by the parties; and 
 90.36     (iv) the circumstances, if any, under which the obligation 
 91.1   to provide health care coverage for the child will shift from 
 91.2   one party to the other; and 
 91.3      (3) if appropriate health care coverage is not available 
 91.4   for the child, whether a contribution for medical support is 
 91.5   required. 
 91.6      (c) The amount ordered for medical support is subject to a 
 91.7   cost-of-living adjustment under section 517C.31. 
 91.8      Subd. 3.  [DETERMINATION OF APPROPRIATE COVERAGE.] (a) In 
 91.9   determining whether a party has appropriate health care coverage 
 91.10  for the child, the court must evaluate the health plan using the 
 91.11  following factors: 
 91.12     (1) accessible coverage.  Dependent health care coverage is 
 91.13  accessible if the covered child can obtain services from a 
 91.14  health plan provider with reasonable effort by the parent with 
 91.15  whom the child resides.  Health care coverage is presumed 
 91.16  accessible if: 
 91.17     (i) primary care coverage is available within 30 minutes or 
 91.18  30 miles of the child's residence and specialty care coverage is 
 91.19  available within 60 minutes or 60 miles of the child's 
 91.20  residence; 
 91.21     (ii) the coverage is available through an employer and the 
 91.22  employee can be expected to remain employed for a reasonable 
 91.23  amount of time; and 
 91.24     (iii) no preexisting conditions exist to delay coverage 
 91.25  unduly; 
 91.26     (2) comprehensive coverage.  Dependent health care coverage 
 91.27  is comprehensive if it includes, at a minimum, medical and 
 91.28  hospital coverage and provides for preventive, emergency, acute, 
 91.29  and chronic care.  If both parties have health care coverage 
 91.30  that meets the minimum requirements, the court must determine 
 91.31  which health care coverage is more comprehensive by considering 
 91.32  whether the coverage includes: 
 91.33     (i) basic dental coverage; 
 91.34     (ii) orthodontics; 
 91.35     (iii) eyeglasses; 
 91.36     (iv) contact lenses; 
 92.1      (v) mental health services; or 
 92.2      (vi) substance abuse treatment; 
 92.3      (3) affordable coverage.  Dependent health care coverage is 
 92.4   affordable if a party's gross income is 150 percent of the 
 92.5   federal poverty guidelines or more and the party's contribution 
 92.6   to the health care coverage premium does not exceed five percent 
 92.7   of the party's gross income.  If a party's gross income is less 
 92.8   than 150 percent of the federal poverty guidelines, it is 
 92.9   presumed that the party is unable to contribute to the cost of 
 92.10  health care coverage unless health care is available at no or 
 92.11  low cost to that party; and 
 92.12     (4) the child's special medical needs, if any. 
 92.13     (b) If both parties have health care coverage available for 
 92.14  a child, and the court determines under paragraph (a), clauses 
 92.15  (1) and (2), that the available coverage is comparable with 
 92.16  regard to accessibility and comprehensiveness, the least costly 
 92.17  health care coverage is the appropriate health care coverage for 
 92.18  the child. 
 92.19     Subd. 4.  [COVERAGE.] (a) If a child is presently enrolled 
 92.20  in health care coverage, the court must order that the parent 
 92.21  who currently has the child enrolled continue that enrollment 
 92.22  unless the parties agree otherwise or a party requests a change 
 92.23  in coverage and the court determines that other health care 
 92.24  coverage is more appropriate. 
 92.25     (b) If a child is not presently enrolled in health care 
 92.26  coverage, upon motion of a party or the public authority, the 
 92.27  court must determine whether one or both parties have 
 92.28  appropriate health care coverage for the child and order the 
 92.29  party with appropriate health care coverage available to carry 
 92.30  the coverage for the child. 
 92.31     (c) If only one party has appropriate health care coverage 
 92.32  available, the court must order that party to carry the coverage 
 92.33  for the child. 
 92.34     (d) If both parties have appropriate health care coverage 
 92.35  available, the court must order the parent with whom the child 
 92.36  resides to carry the coverage for the child, unless: 
 93.1      (1) either party expresses a preference for coverage 
 93.2   available through the parent with whom the child does not 
 93.3   reside; 
 93.4      (2) the parent with whom the child does not reside is 
 93.5   already carrying dependent health care coverage for other 
 93.6   children and the cost of contributing to the premiums of the 
 93.7   other parent's coverage would cause the parent with whom the 
 93.8   child does not reside extreme hardship; or 
 93.9      (3) both parents agree to provide coverage and agree on the 
 93.10  allocation of costs. 
 93.11  If the exception in clause (1) or (2) applies, the court must 
 93.12  determine which party has the most appropriate coverage 
 93.13  available and order that party to carry coverage for the child.  
 93.14  If the court determines under subdivision 3, paragraph (a), 
 93.15  clauses (1) and (2), that the parties' health care coverage for 
 93.16  the child is comparable with regard to accessibility and 
 93.17  comprehensiveness, the court must order the party with the least 
 93.18  costly health care coverage to carry coverage for the child. 
 93.19     (e) If neither party has appropriate health care coverage 
 93.20  available, the court must order the parent with whom the child 
 93.21  does not reside to contribute toward the cost of public coverage 
 93.22  for the child or the child's uninsured medical expenses in an 
 93.23  amount equal to the lesser of: 
 93.24     (1) five percent of gross income; or 
 93.25     (2) the monthly amount the parent with whom the child does 
 93.26  not reside would pay for the child's premiums if the parent's 
 93.27  income meets the eligibility requirements for public coverage.  
 93.28  For purposes of determining the premium amount, a parent's 
 93.29  household size is equal to the parent plus the child who is the 
 93.30  subject of the child support order.  The court may order the 
 93.31  parent with whom the child resides to apply for public coverage 
 93.32  for the child. 
 93.33     Subd. 5.  [CALCULATING MEDICAL SUPPORT; UNREIMBURSED 
 93.34  MEDICAL EXPENSES.] (a) The court must calculate the cost of 
 93.35  medical support on line 7 of the presumptive child support 
 93.36  worksheet under section 517C.16.  Unless otherwise agreed by the 
 94.1   parties and approved by the court, the court must order that the 
 94.2   cost of health care coverage be divided between the obligor and 
 94.3   obligee based on their proportionate share of the parties' 
 94.4   combined gross income. 
 94.5      (b) If a party's obligation for health care coverage 
 94.6   premiums is greater than five percent of the party's gross 
 94.7   income, the court may order the other party to contribute more 
 94.8   for the cost of the premiums, if doing so would not result in 
 94.9   extreme hardship to that party.  If an additional contribution 
 94.10  causes a party extreme hardship, the court must order the 
 94.11  obligor to contribute the lesser of the two amounts under 
 94.12  subdivision 4, paragraph (e). 
 94.13     (c) The court must order that all unreimbursed medical 
 94.14  expenses be divided between the obligor and obligee based on 
 94.15  their proportionate share of the parties' combined gross income. 
 94.16     Subd. 6.  [ALLOCATING MEDICAL SUPPORT COSTS.] (a) If the 
 94.17  party ordered to carry health care coverage for the child 
 94.18  already carries dependent health care coverage for other 
 94.19  dependents and would incur no additional premium costs to add 
 94.20  the child to the existing coverage, the court must not order the 
 94.21  other party to contribute to the premium costs for coverage of 
 94.22  the child. 
 94.23     (b) If a party ordered to carry health care coverage for 
 94.24  the child does not already carry dependent health care coverage 
 94.25  but has other dependents who may be added to the ordered 
 94.26  coverage, the full premium costs of the dependent health care 
 94.27  coverage must be allocated between the parties in proportion to 
 94.28  the party's share of the parties' combined income available for 
 94.29  child support, unless the parties agree otherwise. 
 94.30     (c) If a party ordered to carry health care coverage for 
 94.31  the child is required to enroll in a health plan so that the 
 94.32  child can be enrolled in dependent health care coverage under 
 94.33  the plan, the court must allocate the costs of the dependent 
 94.34  health care coverage between the parties.  The costs of the 
 94.35  health care coverage for the party ordered to carry the coverage 
 94.36  for the child must not be allocated between the parties. 
 95.1      Subd. 7.  [NOTICE TO EMPLOYER BY PUBLIC AUTHORITY OR 
 95.2   COURT.] (a) A copy of the national medical support notice or 
 95.3   court order for health care coverage must be forwarded by the 
 95.4   public authority to the employer within two business days after 
 95.5   the date an employee is entered into the work reporting system 
 95.6   under section 256.998. 
 95.7      (b) If a party is ordered to carry health care coverage for 
 95.8   the child and the public authority provides support enforcement 
 95.9   services, the public authority must forward a copy of the 
 95.10  national medical support notice or notice of medical support 
 95.11  withholding to the party's employer or union and to the health 
 95.12  carrier when the conditions under paragraph (d) are met or when 
 95.13  ordered by the court. 
 95.14     (c) If the public authority does not provide support 
 95.15  enforcement services, the party seeking to enforce the order may 
 95.16  forward a copy of the court order for health care coverage for 
 95.17  the child to the employer or union of the party ordered to carry 
 95.18  coverage and to the health carrier when the conditions under 
 95.19  paragraph (d) are met or when ordered by the court. 
 95.20     (d) The public authority or party seeking to enforce the 
 95.21  order must forward a copy of the national medical support notice 
 95.22  or court order for health care coverage to the employer under 
 95.23  paragraphs (b) and (c) if: 
 95.24     (1) the party ordered to carry health care coverage for the 
 95.25  child fails to provide written proof to the other party or the 
 95.26  public authority, within 30 days of the effective date of the 
 95.27  court order, that health care coverage has been obtained for the 
 95.28  child; 
 95.29     (2) the other party or the public authority gives written 
 95.30  notice to the party ordered to carry health care coverage for 
 95.31  the child of intent to enforce medical support.  The other party 
 95.32  or public authority must mail the written notice to the last 
 95.33  known address of the party ordered to carry health care coverage 
 95.34  for the child; and 
 95.35     (3) the party ordered to carry health care coverage for the 
 95.36  child fails, within 15 days after the date on which the written 
 96.1   notice under clause (2) was mailed, to provide written proof to 
 96.2   the other party or the public authority that the party has 
 96.3   obtained health care coverage for the child. 
 96.4      Subd. 8.  [EFFECT OF ORDER.] (a) A new employer or union of 
 96.5   a party who is ordered to provide health care coverage for the 
 96.6   child must enroll the child in the party's health plan as 
 96.7   required by a national medical support notice or court order. 
 96.8      (b) If a health plan administrator receives a completed 
 96.9   national medical support notice, the plan administrator must 
 96.10  notify the public authority within 40 business days after the 
 96.11  date of the notice of the following: 
 96.12     (1) whether coverage is available to the child under the 
 96.13  terms of the health plan; 
 96.14     (2) whether the child is covered under the health plan; 
 96.15     (3) the effective date of the child's coverage under the 
 96.16  health plan; and 
 96.17     (4) what steps, if any, are required to effectuate the 
 96.18  child's coverage under the health plan. 
 96.19     (c) The plan administrator must also provide the public 
 96.20  authority and the parties with a notice of enrollment of the 
 96.21  child, description of the coverage, and any documents necessary 
 96.22  to effectuate coverage. 
 96.23     Subd. 9.  [CONTESTING ENROLLMENT.] (a) A party may contest 
 96.24  the enrollment of a child in a health plan on the limited 
 96.25  grounds that the enrollment is improper due to mistake of fact 
 96.26  or that the enrollment meets the requirements of section 517C.26.
 96.27  If the party chooses to contest the enrollment, the party must 
 96.28  do so no later than 15 days after the employer notifies the 
 96.29  party of the enrollment by doing the following: 
 96.30     (1) filing a request for hearing according to section 
 96.31  484.702; 
 96.32     (2) serving a copy of the request for hearing upon the 
 96.33  public authority and the other party; and 
 96.34     (3) securing a date for the matter to be heard no later 
 96.35  than 45 days after the notice of enrollment. 
 96.36     (b) The enrollment must remain in place while the party 
 97.1   contests the enrollment. 
 97.2      Subd. 10.  [EMPLOYER OR UNION REQUIREMENTS.] (a) An 
 97.3   employer must send the national medical support notice to its 
 97.4   health plan within 20 business days after the date on the 
 97.5   national medical support notice. 
 97.6      (b) An employer or union that is included under the federal 
 97.7   Employee Retirement Income Security Act of 1974 (ERISA), United 
 97.8   States Code, title 29, section 1169(a), may not deny enrollment 
 97.9   to the child or to the parent if necessary to enroll the child 
 97.10  based on exclusionary clauses described in section 62A.048. 
 97.11     (c) Upon application of the party, or if a court orders a 
 97.12  party to carry health insurance coverage for a child, the 
 97.13  employer or union and its health plan must enroll the child as a 
 97.14  beneficiary in the health plan and withhold any required 
 97.15  premiums from the income or wages of the party ordered to carry 
 97.16  health care coverage for the child. 
 97.17     (d) If more than one plan is offered by the employer or 
 97.18  union and the national medical support notice or court order 
 97.19  does not specify the plan to be carried, the plan administrator 
 97.20  must notify the parents and the public authority. 
 97.21     (e) If the party ordered to carry health care coverage for 
 97.22  the child is not enrolled in the health plan, the employer or 
 97.23  union must also enroll the party in the chosen plan if 
 97.24  enrollment of the party is necessary to obtain dependent health 
 97.25  care coverage under the plan. 
 97.26     (f) Enrollment of dependents and, if necessary, the party 
 97.27  ordered to carry health care coverage for the child must be 
 97.28  immediate and not dependent upon open enrollment periods.  
 97.29  Enrollment is not subject to the underwriting policies under 
 97.30  section 62A.048. 
 97.31     (g) Failure of the party ordered to carry health care 
 97.32  coverage for the child to execute any documents necessary to 
 97.33  enroll the dependent in the health plan does not affect the 
 97.34  obligation of the employer or union and health plan to enroll 
 97.35  the dependent in a plan.  Information and authorization provided 
 97.36  by the public authority, or by a party or guardian, is valid for 
 98.1   the purposes of meeting enrollment requirements of the health 
 98.2   plan. 
 98.3      Subd. 11.  [EMPLOYER LIABILITY.] An employer or union that 
 98.4   willfully fails to comply with the order is liable for any 
 98.5   uninsured medical expenses incurred by the dependents while the 
 98.6   dependents were eligible to be enrolled in the health plan and 
 98.7   for any other premium costs incurred because the employer or 
 98.8   union willfully failed to comply with the order.  An employer or 
 98.9   union that fails to comply with the order is subject to a 
 98.10  finding of contempt and a $250 civil penalty under section 
 98.11  517C.57 and is also subject to a civil penalty of $500 to be 
 98.12  paid to the party entitled to reimbursement or the public 
 98.13  authority.  Penalties paid to the public authority are 
 98.14  designated for child support enforcement services. 
 98.15     Subd. 12.  [DISENROLLMENT; CONTINUATION OF COVERAGE; 
 98.16  OPTIONS IN COVERAGE.] (a) A child for whom a party is required 
 98.17  to provide health care coverage under this section must be 
 98.18  covered as a dependent of the party until the child is 
 98.19  emancipated, until further order of the court, or as consistent 
 98.20  with the terms of the coverage. 
 98.21     (b) The health carrier, employer, or union may not 
 98.22  disenroll or eliminate coverage for the child unless: 
 98.23     (1) the health carrier, employer, or union is provided 
 98.24  satisfactory written evidence that the court order is no longer 
 98.25  in effect; 
 98.26     (2) the child is or will be enrolled in comparable health 
 98.27  care coverage through another health plan that will take effect 
 98.28  no later than the effective date of the disenrollment; 
 98.29     (3) the employee is no longer eligible for dependent 
 98.30  coverage; or 
 98.31     (4) the required premium has not been paid by or on behalf 
 98.32  of the child. 
 98.33     (c) If disenrollment or elimination of coverage of a child 
 98.34  under this subdivision is based upon nonpayment of premiums, the 
 98.35  health plan must provide 30 days' written notice to the child's 
 98.36  parents and the public authority, if the public authority is 
 99.1   providing support enforcement services, prior to the 
 99.2   disenrollment or elimination of coverage. 
 99.3      (d) A child enrolled in health care coverage under a 
 99.4   qualified medical child support order, including a national 
 99.5   medical support notice, under this section is a dependent and a 
 99.6   qualified beneficiary under the Consolidated Omnibus Budget and 
 99.7   Reconciliation Act of 1985 (COBRA), Public Law Number 99-272.  
 99.8   Upon expiration of the order, the child is entitled to the 
 99.9   opportunity to elect continued coverage that is available under 
 99.10  the health plan.  Notice must be provided by the employer or 
 99.11  union to the parties and the public authority, if it provides 
 99.12  child support services, within ten days of the termination date. 
 99.13     (e) If the public authority provides support enforcement 
 99.14  services and a plan administrator reports to the public 
 99.15  authority that there is more than one coverage option available 
 99.16  under the health plan, the public authority, in consultation 
 99.17  with the parents, must promptly select coverage from the 
 99.18  available options.  If the parents fail to cooperate in a 
 99.19  reasonable period of time, the public authority must select 
 99.20  coverage from the available health plan options. 
 99.21     Subd. 13.  [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court 
 99.22  must require the parent with whom the child does not reside to 
 99.23  provide dependent health care coverage for the benefit of the 
 99.24  parent with whom the child resides if the parent with whom the 
 99.25  child does not reside is ordered to provide dependent health 
 99.26  care coverage for the parties' child and adding the other parent 
 99.27  to the coverage results in no additional premium cost to the 
 99.28  parent with whom the child does not reside. 
 99.29     Subd. 14.  [PLAN REIMBURSEMENT.] The signature of a parent 
 99.30  of the insured child is a valid authorization to a health plan 
 99.31  for purposes of processing an insurance reimbursement payment to 
 99.32  the provider of the medical services or to the parent if medical 
 99.33  services have been prepaid by that parent. 
 99.34     Subd. 15.  [CORRESPONDENCE AND NOTICE.] The health plan 
 99.35  must send copies of all correspondence regarding the health care 
 99.36  coverage to both parents. 
100.1      Subd. 16.  [DISCLOSURE OF INFORMATION.] (a) Parties must 
100.2   provide the public authority with the following information when 
100.3   support enforcement services are provided: 
100.4      (1) information relating to dependent health care coverage 
100.5   or public coverage available for the benefit of the child for 
100.6   whom support is sought, including all information required to be 
100.7   included in a medical support order under this section; 
100.8      (2) verification that application for court-ordered health 
100.9   care coverage was made within 30 days of the court's order; and 
100.10     (3) the reason that a child is not enrolled in 
100.11  court-ordered health care coverage, if a child is not enrolled 
100.12  in coverage or subsequently loses coverage. 
100.13     (b) Upon request from the public authority under section 
100.14  256.978, an employer, union, or plan administrator, including an 
100.15  employer subject to the federal Employee Retirement Income 
100.16  Security Act of 1974 (ERISA), United States Code, title 29, 
100.17  section 1169(a), must provide the public authority the following 
100.18  information: 
100.19     (1) information relating to dependent health care coverage 
100.20  available to a party for the benefit of the child for whom 
100.21  support is sought, including all information required to be 
100.22  included in a medical support order under this section; and 
100.23     (2) information that will enable the public authority to 
100.24  determine whether a health plan is appropriate for a child, 
100.25  including, but not limited to, all available plan options, any 
100.26  geographic service restrictions, and the location of service 
100.27  providers. 
100.28     (c) The employer, union, or plan administrator must not 
100.29  release information regarding one party to the other party.  The 
100.30  employer, union, or plan administrator must provide both parties 
100.31  with insurance identification cards and all necessary written 
100.32  information to enable the parties to utilize the insurance 
100.33  benefits for the covered dependents. 
100.34     (d) The public authority is authorized to release to a 
100.35  party's employer, union, or health plan information necessary to 
100.36  obtain or enforce medical support. 
101.1      (e) An employee must disclose to an employer if medical 
101.2   support is required to be withheld under this section and the 
101.3   employer must begin withholding according to the terms of the 
101.4   order and under section 517C.52.  If an employee discloses an 
101.5   obligation to obtain health care coverage and coverage is 
101.6   available through the employer, the employer must make all 
101.7   application processes known to the individual and enroll the 
101.8   employee and dependent in the plan under subdivision 10. 
101.9      Subd. 17.  [APPLICATION FOR CHILD SUPPORT ENFORCEMENT 
101.10  SERVICES.] The public authority must take necessary steps to 
101.11  establish and enforce an order for medical support if the child 
101.12  receives public assistance or a party completes an application 
101.13  for services from the public authority. 
101.14     Subd. 18.  [ENFORCEMENT.] (a) Remedies available for the 
101.15  collection and enforcement of child support apply to medical 
101.16  support.  For the purpose of enforcement, the costs of 
101.17  individual or group health or hospitalization coverage, dental 
101.18  coverage, all medical costs ordered by the court to be paid by 
101.19  either party, including health and dental insurance premiums 
101.20  paid by the obligee because of the obligor's failure to obtain 
101.21  coverage as ordered, or liabilities established under this 
101.22  subdivision, are additional support. 
101.23     (b) If a party owes a basic support obligation for a child 
101.24  and is ordered to carry health care coverage for the child, and 
101.25  the other party is ordered to contribute to the carrying party's 
101.26  cost for coverage, the carrying party's basic support payment 
101.27  must be reduced by the amount of the contributing party's 
101.28  contribution. 
101.29     (c) If a party owes a basic support obligation for a child 
101.30  and is ordered to contribute to the other party's cost for 
101.31  carrying health care coverage for the child, the contributing 
101.32  party's basic support payment must be increased by the amount of 
101.33  the contribution. 
101.34     (d) If a party owes no basic support obligation for a child 
101.35  and is ordered to contribute to the other party's cost for 
101.36  carrying health care coverage for the child, the contributing 
102.1   party is subject to income withholding under section 517C.52 for 
102.2   the amount of the contribution to the carrying party's cost for 
102.3   health care coverage for the child. 
102.4      (e) If a party's court-ordered health care coverage for the 
102.5   child terminates and the child is not enrolled in other health 
102.6   care coverage or public coverage, and a modification motion is 
102.7   not pending, the public authority may remove the offset to the 
102.8   basic support obligation or terminate income withholding 
102.9   instituted against a party under section 517C.52.  The public 
102.10  authority must provide notice to the parties of the action taken.
102.11     (f) A party may contest the action of the public authority 
102.12  to remove the offset to the basic support obligation or 
102.13  terminate income withholding if the party makes a written 
102.14  request for a hearing within 30 days after receiving written 
102.15  notice.  If a party makes a timely request for a hearing, the 
102.16  public authority must schedule a hearing and give written notice 
102.17  of the hearing to the parties at least 14 days before the 
102.18  hearing.  The written notice of the hearing must be sent by mail 
102.19  to the parties' last known addresses.  The hearing must be 
102.20  conducted in district court or in the expedited child support 
102.21  process if section 484.702 applies.  The district court or child 
102.22  support magistrate must determine whether removal of the offset 
102.23  or termination of income withholding is appropriate and, if 
102.24  appropriate, the effective date for the removal or termination.  
102.25  If the party does not request a hearing, the court must order 
102.26  the offset or termination effective the first day of the month 
102.27  following termination of the child's health care coverage. 
102.28     (g) A party who fails to carry court-ordered dependent 
102.29  health care coverage is liable for the child's uninsured medical 
102.30  expenses unless a court order provides otherwise.  A party's 
102.31  failure to carry court-ordered coverage, or to provide other 
102.32  medical support as ordered, is a basis for modification of a 
102.33  support order under section 517C.28. 
102.34     (h) Payments by the health carrier or employer for services 
102.35  rendered to the dependents that are directed to a party not owed 
102.36  reimbursement must be endorsed over to and forwarded to the 
103.1   vendor or appropriate party or the public authority.  A party 
103.2   retaining insurance reimbursement not owed to the party is 
103.3   liable for the amount of the reimbursement. 
103.4      Subd. 19.  [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL 
103.5   EXPENSES.] (a) A request for reimbursement of unreimbursed and 
103.6   uninsured medical expenses must be initiated within two years of 
103.7   the date that the unreimbursed or uninsured medical expenses 
103.8   were incurred.  The time period in this paragraph does not apply 
103.9   if the location of the other parent is unknown. 
103.10     (b) A party seeking reimbursement of unreimbursed and 
103.11  uninsured medical expenses must mail the other party written 
103.12  notice of intent to collect the expenses and an affidavit of 
103.13  health care expenses to the other party at the party's last 
103.14  known address.  The affidavit of health care expenses must 
103.15  itemize and document the child's unreimbursed or uninsured 
103.16  medical expenses.  A copy of the bills, receipts, and the 
103.17  insurance company's explanation of the benefits must be attached 
103.18  to the affidavit.  The written notice must include a statement 
103.19  that the party has 30 days from the date of mailing the notice 
103.20  to pay in full, enter a payment agreement, or file a motion 
103.21  requesting a hearing contesting the matter.  If the public 
103.22  authority provides support enforcement services, the written 
103.23  notice also must include a statement that the requesting party 
103.24  must submit the amount due to the public authority for 
103.25  collection.  
103.26     (c) If, after 30 days, the other party has not paid in 
103.27  full, the parties are unable to enter a payment agreement, or 
103.28  the other party has not filed a motion contesting the matter, 
103.29  and: 
103.30     (1) if the public authority provides support enforcement 
103.31  services, the requesting party must send the original affidavit, 
103.32  a copy of the written notice, and copies of the bills, receipts, 
103.33  and the insurance company's explanation of the benefits to the 
103.34  public authority.  The public authority must serve the other 
103.35  party with a notice of intent to enforce unreimbursed and 
103.36  uninsured medical expenses and file an affidavit of service by 
104.1   mail with the district court administrator.  The notice must 
104.2   provide that, unless the other party pays in full, enters into a 
104.3   payment agreement, or files a motion contesting the matter 
104.4   within 14 days of service of the notice, the public authority 
104.5   will commence enforcement under subdivision 20; or 
104.6      (2) if the public authority does not provide support 
104.7   enforcement services, the requesting party may move the court 
104.8   for enforcement. 
104.9      (d) If the party who receives notice under paragraph (b) or 
104.10  (c), clause (1), files a timely motion for a hearing contesting 
104.11  the requested reimbursement, a hearing must be scheduled in 
104.12  district court or in the expedited child support process if 
104.13  section 484.702 applies.  The contesting party must provide the 
104.14  party seeking reimbursement and the public authority, if the 
104.15  public authority provides support enforcement services, with 
104.16  written notice of the hearing at least 14 days before the 
104.17  hearing by mailing notice of the hearing to the public authority 
104.18  and the party at the party's last known address.  The party 
104.19  seeking reimbursement must file the original affidavit of health 
104.20  care expenses with the court at least five days before the 
104.21  hearing.  Based upon the evidence presented, the court must 
104.22  determine liability for the expenses and order that the liable 
104.23  party is subject to enforcement of the expenses as medical 
104.24  support arrears under subdivision 20. 
104.25     Subd. 20.  [ENFORCING AN ORDER FOR MEDICAL SUPPORT 
104.26  ARREARS.] (a) If a party liable for unreimbursed and uninsured 
104.27  medical expenses under subdivision 19 owes a basic support 
104.28  obligation to the party seeking reimbursement of the expenses, 
104.29  the expenses must be collected as medical support arrears as 
104.30  follows: 
104.31     (1) if income withholding under section 517C.52 is 
104.32  available, medical support arrears must be withheld from a 
104.33  liable party's income or wages pursuant to section 517C.60; or 
104.34     (2) if income withholding under section 517C.52 is not 
104.35  available, a liable party must pay medical support arrears under 
104.36  the terms of a payment agreement under section 517C.71.  If a 
105.1   liable party fails to enter into or comply with a payment 
105.2   agreement, the party seeking reimbursement or the public 
105.3   authority, if it provides support enforcement services, may 
105.4   schedule a hearing to have a court order payment.  The party 
105.5   seeking reimbursement or the public authority must provide the 
105.6   liable party with written notice of the hearing at least 14 days 
105.7   before the hearing. 
105.8      (b) If a party liable for unreimbursed and uninsured 
105.9   medical expenses does not owe a basic support obligation to the 
105.10  party seeking reimbursement, and the party seeking reimbursement 
105.11  owes the liable party child support arrears, the liable party's 
105.12  medical support arrears under subdivision 19 must be deducted 
105.13  from the amount of the child support arrears.  If a liable party 
105.14  owes medical support arrears after deducting the amount owed 
105.15  from the amount of the child support arrears owed by the party 
105.16  seeking reimbursement, it must be collected as follows: 
105.17     (1) if the party seeking reimbursement owes a basic support 
105.18  obligation to the liable party, the basic support obligation 
105.19  must be reduced by 20 percent until the medical support arrears 
105.20  are satisfied; 
105.21     (2) if the party seeking reimbursement does not owe a basic 
105.22  support obligation to the liable party, the liable party's 
105.23  income must be subject to income withholding under section 
105.24  517C.52 for an amount required under section 517C.71 until the 
105.25  medical support arrears are satisfied; or 
105.26     (3) if the party seeking reimbursement does not owe a basic 
105.27  support obligation, and income withholding under section 517C.52 
105.28  is not available, payment of the medical support arrears must be 
105.29  required under a payment agreement under section 517C.71. 
105.30     Sec. 15.  [517C.16] [PRESUMPTIVE CHILD SUPPORT WORKSHEET.] 
105.31     The court must use the following worksheet to determine the 
105.32  presumptive child support order: 
105.33     1.  Monthly Income: 
105.34     a.  Obligor:  ....... 
105.35     b.  Obligee:  ....... 
105.36     2.  Parents' Combined Income:  line 1a plus line 1b:  ..... 
106.1      3.  Parental Share: 
106.2      a.  Obligor:  line 1a divided by line 2:  ....... 
106.3      b.  Obligee:  line 1b divided by line 2:  ....... 
106.4      4.  Basic Needs: 
106.5      a.  Shared Responsibility: 
106.6      Parents combined monthly income 
106.7      x .09 
106.8      + 300 
106.9      =....... (one child) 
106.10     x 1.61 (two children)= ....... 
106.11     x 1.86 (three children)= ....... 
106.12     x 2.06 (four children)= ....... 
106.13     x 2.26 (five children)= ....... 
106.14     x 2.46 (six children)= ....... 
106.15     b.  Obligor Proportionate Responsibility:  line 3a 
106.16  multiplied by line 4a:  ....... 
106.17     c.  Obligee Proportionate Responsibility:  line 3b 
106.18  multiplied by line 4a:  ....... 
106.19     5.  Basic Needs Obligation After Parenting Time Adjustment: 
106.20     Parenting time division approximates joint physical custody:
106.21     Line 4b 
106.22     - Line 4c 
106.23     x .5 
106.24     = ..... 
106.25     6.  Child Care Needs (complete appropriate section): 
106.26     a.  Obligor paying for child care:  cost of child care 
106.27  (.......) multiplied by line 3b:  ....... (deduct from support 
106.28  obligation) 
106.29     b.  Obligee paying for child care or obligor's income 
106.30  exceeds eligibility requirements for basic sliding fee child 
106.31  care; not receiving basic sliding fee child care:  cost of child 
106.32  care (.......) multiplied by line 3a:  ........ 
106.33     c.  Obligee receiving basic sliding fee child care:  order 
106.34  reimbursement to the state in an amount equal to copayment 
106.35  obligor would make, based on line 1a, if obligor was receiving 
106.36  basic sliding fee child care:  ....... 
107.1      7.  Medical Support (complete appropriate section): 
107.2      a.  Obligor providing health care coverage:  line 3b 
107.3   multiplied by cost of health care coverage:  ....... (deduct 
107.4   from support obligation) 
107.5      b.  Obligee providing health care coverage:  line 3a 
107.6   multiplied by cost of health care coverage:  ....... 
107.7      c.  Obligor and obligee do not have appropriate health care 
107.8   coverage:  obligor must pay the lesser of the following amounts: 
107.9      (i) the monthly premium amount obligor would pay if 
107.10  obligor's income meets the income eligibility requirements for 
107.11  public coverage:  ....... or 
107.12     (ii) five percent of obligor's monthly gross income, if 
107.13  obligor's income does not meet the eligibility requirements for 
107.14  public coverage:  ....... 
107.15     8.  Presumed child support amount:  add (or subtract, when 
107.16  appropriate) amounts from lines 5, 6, and 7:  ....... 
107.17     Sec. 16.  [517C.17] [DEVIATIONS.] 
107.18     Subdivision 1.  [GENERAL FACTORS.] In addition to the child 
107.19  support guidelines, the court must take into consideration the 
107.20  following factors in setting or modifying child support or in 
107.21  determining whether to deviate from the guidelines: 
107.22     (1) all earnings, income, and resources of the parents, 
107.23  including real and personal property, but excluding income from 
107.24  excess employment of the obligor or obligee that meets the 
107.25  criteria of section 517C.12, subdivision 5; 
107.26     (2) the financial needs and resources, physical and 
107.27  emotional condition, and educational needs of the child to be 
107.28  supported; 
107.29     (3) the standard of living the child would have enjoyed had 
107.30  the marriage not been dissolved, but recognizing that the 
107.31  parents now have separate households; 
107.32     (4) which parent receives the income taxation dependency 
107.33  exemption and the financial benefit the parent receives from it; 
107.34     (5) the parents' debts as provided in subdivision 2; 
107.35     (6) the obligor's receipt of public assistance under the 
107.36  AFDC program formerly codified under sections 256.72 to 256.82 
108.1   or 256B.01 to 256B.40 and chapter 256J or 256K; and 
108.2      (7) the child spends between 33 and 45 percent of 
108.3   overnights with the obligor pursuant to a court order or with 
108.4   the consent of the obligee, which results in an increased 
108.5   financial burden on the obligor. 
108.6      Subd. 2.  [DEBT.] In establishing or modifying a support 
108.7   obligation, the court may consider debts owed to private 
108.8   creditors, but only if: 
108.9      (1) the right to support has not been assigned under 
108.10  section 256.741; 
108.11     (2) the court determines that the debt was reasonably 
108.12  incurred for necessary support of the child or parent or for the 
108.13  necessary generation of income.  If the debt was incurred for 
108.14  the necessary generation of income, the court may consider only 
108.15  the amount of debt that is essential to the continuing 
108.16  generation of income; and 
108.17     (3) the party requesting a departure produces a sworn 
108.18  schedule of the debts, with supporting documentation, showing 
108.19  goods or services purchased, the recipient of them, the amount 
108.20  of the original debt, the outstanding balance, the monthly 
108.21  payment, and the number of months until the debt will be fully 
108.22  paid. 
108.23     (b) A schedule prepared under paragraph (a), clause (3), 
108.24  must contain a statement that the debt will be fully paid after 
108.25  the number of months shown in the schedule, barring emergencies 
108.26  beyond the party's control. 
108.27     (c) Any further departure below the guidelines that is 
108.28  based on a consideration of debts owed to private creditors must 
108.29  not exceed 18 months in duration.  After 18 months the support 
108.30  must increase automatically to the level ordered by the court.  
108.31  This section does not prohibit one or more step increases in 
108.32  support to reflect debt retirement during the 18-month period. 
108.33     (d) If payment of debt is ordered pursuant to this section, 
108.34  the payment must be ordered to be in the nature of child support.
108.35     Subd. 3.  [EVIDENCE.] The court may receive evidence on the 
108.36  factors in this section to determine if the guidelines should be 
109.1   exceeded or modified in a particular case. 
109.2      Subd. 4.  [NO DEVIATION WHEN PAYMENTS ARE MADE TO THE 
109.3   PUBLIC AUTHORITY EXCEPT FOR EXTREME HARDSHIP.] If the child 
109.4   support payments are assigned to the public authority, the court 
109.5   may not deviate downward from the child support guidelines 
109.6   unless the court specifically finds that the failure to deviate 
109.7   downward would impose an extreme hardship on the obligor. 
109.8      Subd. 5.  [NO DEPARTURE BASED ON JOINT LEGAL CUSTODY.] An 
109.9   award of joint legal custody is not a reason for departure from 
109.10  the guidelines. 
109.11     Sec. 17.  [517C.18] [WRITTEN FINDINGS.] 
109.12     Subdivision 1.  [NO DEVIATION.] If the court does not 
109.13  deviate from the guidelines, the court must make written 
109.14  findings concerning the amount of the parties' income used as 
109.15  the basis for the guidelines calculation and any other 
109.16  significant evidentiary factors affecting the determination of 
109.17  child support. 
109.18     Subd. 2.  [DEVIATION.] (a) If the court deviates from the 
109.19  guidelines, the court must make written findings giving the 
109.20  amount of support calculated under the guidelines, the reasons 
109.21  for the deviation, and must specifically address the criteria in 
109.22  section 517C.17 and how the deviation serves the best interests 
109.23  of the child. 
109.24     (b) The court may deviate from the guidelines if both 
109.25  parties agree and the court makes written findings that it is in 
109.26  the best interests of the child, except that in cases where 
109.27  child support payments are assigned to the public authority 
109.28  under section 256.741, the court may deviate downward only as 
109.29  provided in section 517C.17, subdivision 4.  Nothing in this 
109.30  section prohibits the court from deviating in other cases. 
109.31     Subd. 3.  [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 
109.32  provisions of this section apply whether or not the parties are 
109.33  each represented by independent counsel and have entered into a 
109.34  written agreement.  The court must review stipulations presented 
109.35  to it for conformity to the guidelines.  The court is not 
109.36  required to conduct a hearing, but the parties must provide the 
110.1   documentation of earnings required under section 517C.10. 
110.2      Sec. 18.  [517C.19] [GUIDELINES REVIEW.] 
110.3      No later than 2002 and every four years after that, the 
110.4   department of human services must conduct a review of the child 
110.5   support guidelines. 
110.6      Sec. 19.  [517C.20] [EDUCATION TRUST FUND.] 
110.7      The parties may agree to designate a sum of money above 
110.8   court-ordered child support as a trust fund for the costs of 
110.9   post-secondary education. 
110.10     Sec. 20.  [517C.25] [MODIFICATION; GENERAL.] 
110.11     Subdivision 1.  [AUTHORITY.] After a child support order is 
110.12  established, the court may, on motion of a party, modify the 
110.13  order respecting the amount and payment of support.  The court 
110.14  may make an order respecting any matters it had authority to 
110.15  address in the original proceeding, except as otherwise provided 
110.16  in section 517C.29.  A party or the public authority also may 
110.17  make a motion for contempt of court if the obligor is in arrears 
110.18  in support payments. 
110.19     Subd. 2.  [GUIDELINES REMAIN APPLICABLE.] On a motion for 
110.20  modification of support, the guidelines in this chapter remain 
110.21  applicable. 
110.22     Subd. 3.  [EVIDENTIARY HEARING NOT REQUIRED.] The court 
110.23  need not hold an evidentiary hearing on a motion for 
110.24  modification of child support. 
110.25     Subd. 4.  [FORM.] The state court administrator must 
110.26  prepare and make available to courts, obligors, and obligees a 
110.27  form to be submitted in support of a motion for a modification 
110.28  of child support or for contempt of court. 
110.29     Sec. 21.  [517C.26] [REOPENING AN ORDER.] 
110.30     Subdivision 1.  [FACTORS.] Upon the motion of a party, the 
110.31  court may rescind a child support order or judgment and may 
110.32  issue a new order or grant other relief as may be just for the 
110.33  following reasons: 
110.34     (1) mistake, inadvertence, surprise, or excusable neglect; 
110.35     (2) newly discovered evidence that could not have been 
110.36  discovered by due diligence in time to move for a new trial 
111.1   under the rules of civil procedure; 
111.2      (3) fraud, whether denominated intrinsic or extrinsic, 
111.3   misrepresentation, or other misconduct of an adverse party; 
111.4      (4) the judgment or order is void; 
111.5      (5) the judgment has been satisfied, released, or 
111.6   discharged; 
111.7      (6) the judgment is based on a prior order that has been 
111.8   reversed or otherwise vacated; or 
111.9      (7) it is no longer equitable that the order should have 
111.10  prospective application. 
111.11     Subd. 2.  [PROCEDURE; EFFECT.] The motion must be made 
111.12  within a reasonable time, and, for a reason under subdivision 1, 
111.13  clause (1), (2), or (3), not more than one year after the 
111.14  judgment and decree, order, or proceeding was entered or taken.  
111.15  A motion under this section does not affect the finality of an 
111.16  order or suspend its operation.  This section does not limit the 
111.17  power of a court to entertain an independent action to relieve a 
111.18  party from an order or proceeding or to grant relief to a party 
111.19  not actually personally notified as provided in the rules of 
111.20  civil procedure, or to set aside a judgment for fraud upon the 
111.21  court. 
111.22     Sec. 22.  [517C.27] [CHANGE IN CUSTODY OR PARENTING TIME.] 
111.23     Subdivision 1.  [OFFICIAL CHANGE IN CUSTODY.] If an obligee 
111.24  has been granted sole physical custody of a child, the child 
111.25  subsequently lives with the obligor, and temporary sole physical 
111.26  custody has been approved by the court or by a court-appointed 
111.27  referee, the court may suspend the obligor's child support 
111.28  obligation pending the final custody determination.  The court's 
111.29  order denying the suspension of child support must include a 
111.30  written explanation of the reasons why continuation of the child 
111.31  support obligation would be in the best interests of the child. 
111.32     Subd. 2.  [UNOFFICIAL CHANGE IN CUSTODY.] The court may 
111.33  conclude that an obligor has satisfied a child support 
111.34  obligation by providing a home, care, and support for the child 
111.35  while the child is living with the obligor, if the court finds 
111.36  that the child was integrated into the family of the obligor 
112.1   with the consent of the obligee and child support payments were 
112.2   not assigned to the public authority. 
112.3      Subd. 3.  [30-DAY CHANGE.] A support order issued under 
112.4   this chapter may provide that during any period of time of 30 
112.5   consecutive days or longer that the child is residing with the 
112.6   obligor, the amount of support otherwise due under the order may 
112.7   be reduced. 
112.8      Sec. 23.  [517C.28] [SUBSTANTIAL CHANGE IN CIRCUMSTANCES, 
112.9   EARNINGS, OR NEEDS.] 
112.10     Subdivision 1.  [FACTORS.] The terms of a child support 
112.11  order may be modified upon a showing of one or more of the 
112.12  following: 
112.13     (1) substantially increased or decreased earnings of a 
112.14  party; 
112.15     (2) substantially increased or decreased need of a party or 
112.16  the child that is the subject of these proceedings; 
112.17     (3) receipt of assistance under the AFDC program formerly 
112.18  codified under sections 256.72 to 256.87 or 256B.01 to 256B.40 
112.19  or chapter 256J or 256K; 
112.20     (4) a change in the cost of living for either party, as 
112.21  measured by the federal Bureau of Statistics, that makes the 
112.22  terms unreasonable and unfair; 
112.23     (5) extraordinary medical expenses of the child not 
112.24  provided for under section 517C.15; 
112.25     (6) the addition of work-related or education-related child 
112.26  care expenses of the obligee or a substantial increase or 
112.27  decrease in existing work-related or education-related child 
112.28  care expenses; or 
112.29     (7) upon the emancipation of a child if there is still a 
112.30  child under the order.  A child support obligation for two or 
112.31  more children that is not a support obligation in a specific 
112.32  amount per child continues in the full amount until modified or 
112.33  until the emancipation of the last child for whose benefit the 
112.34  order was made. 
112.35     Subd. 2.  [PRESUMPTIONS.] It is presumed that there has 
112.36  been a substantial change in circumstances under subdivision 1 
113.1   and the terms of a current support order are rebuttably presumed 
113.2   to be unreasonable and unfair if: 
113.3      (1) when applied to the current circumstances of the 
113.4   parties, the presumptive child support amount derived under this 
113.5   chapter is at least 20 percent and at least $50 per month higher 
113.6   or lower than the current support order; 
113.7      (2) the medical support provisions of the order established 
113.8   under section 517C.15 are not enforceable by the public 
113.9   authority or the obligee; 
113.10     (3) health insurance coverage ordered under section 517C.15 
113.11  is not available to the child for whom the order is established 
113.12  by the parent ordered to provide it; or 
113.13     (4) the existing support obligation is in the form of a 
113.14  statement of percentage and not a specific dollar amount. 
113.15     Subd. 3.  [SUBSEQUENT CHILD.] The needs of a subsequent 
113.16  child must not be factored into a support guidelines 
113.17  calculation.  The fact that an obligor had an additional child 
113.18  after the entry of a child support order is not grounds for a 
113.19  modification to decrease the amount of support owed.  However, 
113.20  the fact that an obligor has a subsequent child must be 
113.21  considered in response to a request by an obligee for a 
113.22  modification to increase child support.  In order to deviate 
113.23  from the presumptive support amount derived under this chapter 
113.24  to consider the needs of a subsequent child, the trial court 
113.25  must: 
113.26     (1) find the obligor's total ability to contribute to 
113.27  dependent children, taking into account the obligor's income and 
113.28  reasonable expenses exclusive of child care.  The obligor's 
113.29  expenses must be: 
113.30     (i) reduced as appropriate to take into account 
113.31  contributions to those costs by other adults who share the 
113.32  obligor's current household; and 
113.33     (ii) apportioned between the parent and a subsequent child 
113.34  with regard to shared benefits, including, but not limited to, 
113.35  housing and transportation; 
113.36     (2) find the total needs of all the obligor's children, and 
114.1   if these needs are less than the obligor's ability to pay, the 
114.2   needs may become the obligor's child support obligation.  When 
114.3   considering the needs of a subsequent child, the trial court 
114.4   must reduce those amounts as appropriate to take into account 
114.5   the ability to contribute to those needs by another parent of 
114.6   the child; 
114.7      (3) make specific findings on the needs of the child or 
114.8   children who are the subject of the support order under 
114.9   consideration; and 
114.10     (4) exercise discretion to fairly determine the current 
114.11  support obligation and the contribution left available for other 
114.12  children, considering that the support obligation being 
114.13  determined should be in an amount at least equal to the 
114.14  contribution for a subsequent child. 
114.15     Sec. 24.  [517C.29] [MODIFICATION EFFECTIVE DATE.] 
114.16     Subdivision 1.  [DATE OF MOTION DETERMINATIVE.] A 
114.17  modification of support, including interest that accrued 
114.18  pursuant to section 548.091, may be made effective no sooner 
114.19  than the date of service of notice of the motion for 
114.20  modification on the responding parties. 
114.21     Subd. 2.  [RETROACTIVE MODIFICATION PERMITTED ONLY IN 
114.22  LIMITED CIRCUMSTANCES.] Notwithstanding subdivision 1, 
114.23  modification may be applied to an earlier period if the court 
114.24  makes express findings that: 
114.25     (1) the party seeking modification was precluded from 
114.26  serving a motion by reason of a significant physical or mental 
114.27  disability, a material misrepresentation of another party, or 
114.28  fraud upon the court; and the party seeking modification, when 
114.29  no longer precluded, promptly served a motion; 
114.30     (2) the party seeking modification was a recipient of 
114.31  federal Supplemental Security Income (SSI), Title II Older 
114.32  Americans Insurance, Survivor's Disability Insurance (OASDI), 
114.33  other disability benefits, or public assistance based upon need 
114.34  during the period for which retroactive modification is sought; 
114.35  or 
114.36     (3) the order the party seeks to amend was entered by 
115.1   default, the party shows good cause for not appearing, and the 
115.2   record contains no factual evidence, or clearly erroneous 
115.3   evidence, regarding the obligor's ability to pay. 
115.4      Subd. 3.  [CHILD CARE EXCEPTION.] The court may provide 
115.5   that a reduction in the amount allocated for child care expenses 
115.6   based on a substantial decrease in the expenses is effective as 
115.7   of the date the expenses decreased. 
115.8      Sec. 25.  [517C.30] [TERMINATION OF CHILD SUPPORT.] 
115.9      Subdivision 1.  [DEATH OF OBLIGOR.] Unless otherwise agreed 
115.10  in writing or expressly provided in the order, provisions for 
115.11  the support of a child are not terminated by the death of a 
115.12  parent obligated to support the child.  When a parent obligated 
115.13  to pay support dies, the amount of support may be modified, 
115.14  revoked, or commuted to a lump sum payment, to the extent just 
115.15  and appropriate in the circumstances. 
115.16     Subd. 2.  [AUTOMATIC TERMINATION.] (a) Unless a court order 
115.17  provides otherwise, a child support obligation in a specific 
115.18  amount per child terminates automatically and without any action 
115.19  by the obligor to reduce, modify, or terminate the order upon 
115.20  the emancipation of the child. 
115.21     (b) A child support obligation for two or more children 
115.22  that is not a support obligation in a specific amount per child 
115.23  continues in the full amount until the emancipation of the last 
115.24  child for whose benefit the order was made, or until further 
115.25  order of the court. 
115.26     (c) The obligor may request a modification of the obligor's 
115.27  child support order upon the emancipation of a child if there 
115.28  are still minor children under the order.  The child support 
115.29  obligation shall be determined based on the income of the 
115.30  parties at the time the modification is sought. 
115.31     Sec. 26.  [517C.31] [COST-OF-LIVING ADJUSTMENTS.] 
115.32     Subdivision 1.  [GENERAL.] An order for child support must 
115.33  provide for a biennial adjustment in the amount to be paid based 
115.34  on a change in the cost of living.  Cost-of-living adjustments 
115.35  are compounded. 
115.36     Subd. 2.  [REQUEST FOR COST-OF-LIVING CLAUSE.] If an 
116.1   existing support order does not contain a cost-of-living clause, 
116.2   the obligee or public authority may request one.  A motion for 
116.3   enforcement or modification of an existing support order must 
116.4   include a request for a cost-of-living clause if the existing 
116.5   support order does not contain one. 
116.6      Subd. 3.  [WAIVER.] A court may waive the requirement of 
116.7   the cost-of-living clause if it expressly finds that the 
116.8   obligor's occupation or income, or both, does not provide for 
116.9   cost-of-living adjustment or that the order for child support 
116.10  has a provision such as a step increase that has the effect of a 
116.11  cost-of-living clause. 
116.12     Subd. 4.  [INDEX; AMOUNT.] (a) An order that provides for a 
116.13  cost-of-living adjustment must specify the cost-of-living index 
116.14  to be applied.  The court may use the Consumer Price Index for 
116.15  All Urban Consumers, Minneapolis-St. Paul (CPI-U), the Consumer 
116.16  Price Index for Wage Earners and Clerical, Minneapolis-St. Paul 
116.17  (CPI-W), or another cost-of-living index published by the 
116.18  department of labor that the court specifically finds is more 
116.19  appropriate. 
116.20     (b) The court may increase the amount by more than the 
116.21  cost-of-living adjustment by agreement of the parties or by 
116.22  making further findings. 
116.23     Subd. 5.  [EFFECTIVE DATE.] If payment is made to the 
116.24  public authority, an adjustment is effective on May 1 of the 
116.25  year it is made.  If payment is not made to the public 
116.26  authority, an adjustment may be made in any month but no 
116.27  adjustment may be made sooner than two years after the date of 
116.28  the dissolution decree.  A support order must specify the 
116.29  effective date of cost-of-living adjustments. 
116.30     Subd. 6.  [CONDITIONS.] A cost-of-living adjustment may not 
116.31  be made unless: 
116.32     (1) the support order requires it; and 
116.33     (2) the obligee or public authority notifies the obligor of 
116.34  the adjustment by mail at the obligor's last known address at 
116.35  least 20 days before the effective date of the adjustment.  The 
116.36  notice must inform the obligor of the effective date of the 
117.1   adjustment, the right to contest the adjustment, and the 
117.2   permissible grounds to contest the adjustment. 
117.3      Subd. 7.  [CONTEST; GROUNDS; HEARING.] (a) To contest a 
117.4   cost-of-living adjustment, an obligor must request a hearing 
117.5   before the effective date of the adjustment.  The request for a 
117.6   hearing must be made to the court and served on the other 
117.7   parties.  The obligor may make an ex parte motion to stay 
117.8   imposition of the adjustment pending outcome of the hearing. 
117.9      (b) An obligor may contest a cost-of-living adjustment on 
117.10  the grounds that the obligor has an insufficient increase in 
117.11  income to fulfill the adjusted child support obligation. 
117.12     (c) At a hearing, if the obligor establishes an 
117.13  insufficient increase in income to fulfill the adjusted child 
117.14  support obligation, the court may direct that all or part of the 
117.15  adjustment not take effect. 
117.16     (d) At a hearing, if the obligor does not establish an 
117.17  insufficient increase in income, the adjustment must take effect 
117.18  as of the date originally specified in the support order. 
117.19     Subd. 8.  [FORM.] The department of human services must 
117.20  prepare and make available to the court and obligors a form to 
117.21  be submitted in support of a request for a hearing under this 
117.22  section. 
117.23     Subd. 9.  [RULES.] The commissioner of human services may 
117.24  promulgate rules for child support adjustments under this 
117.25  section in accordance with the rulemaking provisions of chapter 
117.26  14. 
117.27     Sec. 27.  [517C.35] [ASSIGNMENT.] 
117.28     Subdivision 1.  [GENERAL.] The court must direct that all 
117.29  payments ordered for support be made to the public authority if 
117.30  the obligee is receiving or has applied for public assistance.  
117.31  Amounts received by the public authority greater than the amount 
117.32  granted to the obligee must be remitted to the obligee pursuant 
117.33  to federal requirements. 
117.34     Subd. 2.  [JUDGMENTS.] The court administrator must enter 
117.35  and docket a judgment obtained by operation of law under section 
117.36  548.091, subdivision 1, in the name of the public authority to 
118.1   the extent that the obligation has been assigned.  When arrears 
118.2   are reduced to judgment and section 548.091 is not applicable, 
118.3   the court must grant judgment in favor of, and in the name of, 
118.4   the public authority to the extent that the arrears are 
118.5   assigned.  The public authority must file notice of an 
118.6   assignment with the court administrator, who must enter the 
118.7   notice in the docket.  The public authority may then enforce a 
118.8   judgment entered before the assignment of rights as if the 
118.9   judgment were granted to it, and in its name, to the extent that 
118.10  the arrears in that judgment are assigned. 
118.11     Subd. 3.  [PROPERTY LIEN.] The court may make any child 
118.12  support order a lien or charge upon the property of the obligor, 
118.13  either at the time of the entry of the judgment or by subsequent 
118.14  order upon proper application. 
118.15     Sec. 28.  [517C.36] [PARTY STATUS.] 
118.16     Subdivision 1.  [WHEN A PARTY RECEIVES PUBLIC 
118.17  ASSISTANCE.] The public authority is joined as a party if the 
118.18  obligee is receiving, or subsequently applies for, public 
118.19  assistance and rights are assigned under section 256.741, 
118.20  subdivision 2. 
118.21     Subd. 2.  [NO PUBLIC ASSISTANCE; APPLICATION FOR SERVICES.] 
118.22  If the obligee is not receiving public assistance, but has 
118.23  applied for child support services, the public authority has a 
118.24  pecuniary interest, as well as an interest in the welfare of a 
118.25  child.  The public authority may intervene as a matter of right 
118.26  in those cases to ensure that child support orders are obtained, 
118.27  enforced, and provide for an appropriate and accurate level of 
118.28  child, medical, and child care support.  If the public authority 
118.29  participates in a case where the action taken by the public 
118.30  authority requires the use of an attorney's services, the public 
118.31  authority must be represented by an attorney consistent with the 
118.32  provisions in section 517C.37. 
118.33     Sec. 29.  [517C.37] [ROLE OF THE PUBLIC AUTHORITY.] 
118.34     Subdivision 1.  [PUBLIC AUTHORITY DOES NOT REPRESENT 
118.35  OBLIGOR OR OBLIGEE.] The provision of services under the child 
118.36  support enforcement program that includes services by an 
119.1   attorney or an attorney's representative employed by, under 
119.2   contract to, or representing the public authority does not 
119.3   create an attorney-client relationship with any party other than 
119.4   the public authority.  Attorneys employed by or under contract 
119.5   with the public authority have an affirmative duty to inform 
119.6   applicants and recipients of services under the child support 
119.7   enforcement program that no attorney-client relationship exists 
119.8   between the attorney and the applicant or recipient.  This 
119.9   section applies to all legal services provided by the child 
119.10  support enforcement program. 
119.11     Subd. 2.  [WRITTEN NOTICE.] The public authority must 
119.12  provide written notice to an applicant or recipient of services 
119.13  that: 
119.14     (1) no attorney-client relationship exists between the 
119.15  attorney and the applicant or recipient; 
119.16     (2) the rights of the individual as a subject of data are 
119.17  controlled by section 13.04, subdivision 2; and 
119.18     (3) the individual has a right to have an attorney 
119.19  represent the individual.  
119.20     Subd. 3.  [POWER TO REPRESENT OTHER PUBLIC 
119.21  AUTHORITIES.] The public authority may act on behalf of a public 
119.22  authority from another jurisdiction.  This includes the 
119.23  authority to represent the legal interests of, or execute 
119.24  documents on behalf of, the other public authority in connection 
119.25  with the establishment, enforcement, and collection of child 
119.26  support and collection on judgments. 
119.27     Sec. 30.  [517C.38] [SERVICE FEES.] 
119.28     Subdivision 1.  [OBLIGOR FEE.] When the public authority 
119.29  provides child support collection services either to a public 
119.30  assistance recipient or to a party who does not receive public 
119.31  assistance, the public authority may upon written notice to the 
119.32  obligor charge a monthly collection fee equivalent to the full 
119.33  monthly cost to the county of providing collection services, in 
119.34  addition to the amount of the child support ordered by the 
119.35  court.  The fee must be deposited in the county general fund.  
119.36  The service fee assessed is limited to ten percent of the 
120.1   monthly court ordered child support and must not be assessed to 
120.2   obligors who are current in payment of the monthly court ordered 
120.3   child support. 
120.4      Subd. 2.  [OBLIGEE FEE.] An application fee of $25 must be 
120.5   paid by the person who applies for child support and maintenance 
120.6   collection services, except persons who are receiving public 
120.7   assistance as defined in section 256.741, persons who transfer 
120.8   from public assistance to nonpublic assistance status, and minor 
120.9   parents and parents enrolled in a public secondary school, area 
120.10  learning center, or alternative learning program approved by the 
120.11  commissioner of children, families, and learning. 
120.12     Subd. 3.  [TAX INTERCEPT FEES.] Fees assessed by state and 
120.13  federal tax agencies for collection of overdue support owed to 
120.14  or on behalf of a person not receiving public assistance must be 
120.15  imposed on the person for whom these services are provided.  The 
120.16  public authority upon written notice to the obligee must assess 
120.17  a fee of $25 to the person not receiving public assistance for 
120.18  each successful federal tax interception.  The fee must be 
120.19  withheld prior to the release of the funds received from each 
120.20  interception and must be deposited in the general fund. 
120.21     Subd. 4.  [COMPLIANCE WITH FEDERAL LAW.] The limitations of 
120.22  this section on the assessment of fees do not apply to the 
120.23  extent they are inconsistent with the requirements of federal 
120.24  law for receiving funds for the programs under Title IV-A and 
120.25  Title IV-D of the Social Security Act, United States Code, title 
120.26  42, sections 601 to 613 and 651 to 662. 
120.27     Sec. 31.  [517C.39] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 
120.28  SUPPORT AND PARENTAGE ORDERS.] 
120.29     The public authority may use the provisions of sections 
120.30  517C.40 to 517C.44 when support rights are assigned under 
120.31  section 256.741, subdivision 2, or when the public authority is 
120.32  providing services under an application for child support 
120.33  services. 
120.34     Sec. 32.  [517C.40] [NONATTORNEY EMPLOYEE DUTIES.] 
120.35     Subdivision 1.  [DUTIES PERFORMED UNDER SUPERVISION OF 
120.36  COUNTY ATTORNEY.] (a) The county attorney must review and 
121.1   approve as to form and content all pleadings and other legal 
121.2   documents prepared by nonattorney employees of the public 
121.3   authority for use in the expedited child support process. 
121.4      (b) Under the direction of, and in consultation with, the 
121.5   county attorney, nonattorney employees of the public authority 
121.6   may perform the following legal duties: 
121.7      (1) meet and confer with parties by mail, telephone, 
121.8   electronic, or other means regarding legal issues; 
121.9      (2) explain to parties the purpose, procedure, and function 
121.10  of the expedited child support process and the role and 
121.11  authority of nonattorney employees of the public authority 
121.12  regarding legal issues; 
121.13     (3) prepare pleadings, including, but not limited to, 
121.14  summonses and complaints, notices, motions, subpoenas, orders to 
121.15  show cause, proposed orders, administrative orders, and 
121.16  stipulations and agreements; 
121.17     (4) issue administrative subpoenas; 
121.18     (5) prepare judicial notices; 
121.19     (6) negotiate settlement agreements; 
121.20     (7) attend and participate as a witness in hearings and 
121.21  other proceedings and, if requested by the child support 
121.22  magistrate, present evidence, agreements and stipulations of the 
121.23  parties, and any other information deemed appropriate by the 
121.24  magistrate; 
121.25     (8) participate in other activities and perform other 
121.26  duties delegated by the county attorney; and 
121.27     (9) exercise other powers and perform other duties as 
121.28  permitted by statute or court rule. 
121.29     Subd. 2.  [DUTIES PERFORMED AUTONOMOUSLY.] Nonattorney 
121.30  employees of the public authority may perform the following 
121.31  duties without direction from the county attorney: 
121.32     (1) gather information on behalf of the public authority; 
121.33     (2) prepare financial worksheets; 
121.34     (3) obtain income information from the department of 
121.35  economic security and other sources; 
121.36     (4) serve documents on parties; 
122.1      (5) file documents with the court; 
122.2      (6) meet and confer with parties by mail, telephone, 
122.3   electronic, or other means regarding nonlegal issues; 
122.4      (7) explain to parties the purpose, procedure, and function 
122.5   of the expedited child support process and the role and 
122.6   authority of nonattorney employees of the public authority 
122.7   regarding nonlegal issues; and 
122.8      (8) perform other routine nonlegal duties as assigned. 
122.9      Subd. 3.  [PRACTICE OF LAW.] Performance of the duties 
122.10  prescribed in subdivisions 1 and 2 by nonattorney employees of 
122.11  the public authority does not constitute the unauthorized 
122.12  practice of law for purposes of section 481.02. 
122.13     Sec. 33.  [517C.41] [FINANCIAL WORKSHEET.] 
122.14     Subdivision 1.  [PREPARATION.] In cases involving 
122.15  establishment or modification of a child support order, a 
122.16  nonattorney employee of the public authority must prepare a 
122.17  financial worksheet that contains: 
122.18     (1) names and addresses of the parties; 
122.19     (2) social security numbers of the parties; 
122.20     (3) number of members in each party's household and 
122.21  dependents of the parties; 
122.22     (4) names and addresses of the parties' employers; 
122.23     (5) gross income of the parties as defined in this chapter; 
122.24     (6) amounts and sources of any other earnings and income of 
122.25  the parties; 
122.26     (7) health insurance coverage of parties; and 
122.27     (8) any other information relevant to the determination of 
122.28  child or medical support under this chapter. 
122.29     Subd. 2.  [INCOME INFORMATION.] In preparing the financial 
122.30  worksheet, the nonattorney employee of the public authority must 
122.31  obtain income information available to the public authority from 
122.32  the department of economic security and serve this information 
122.33  on the parties.  The information must be filed with the court or 
122.34  child support magistrate at least five days before a hearing 
122.35  involving child support, medical support, or child care 
122.36  reimbursement issues. 
123.1      Sec. 34.  [517C.42] [NONCONTESTED MATTERS.] 
123.2      Under the direction of the county attorney and based on 
123.3   agreement of the parties, nonattorney employees may prepare a 
123.4   stipulation, findings of fact, conclusions of law, and proposed 
123.5   order.  The documents must be approved and signed by the county 
123.6   attorney as to form and content before submission to the court 
123.7   or child support magistrate for approval. 
123.8      Sec. 35.  [517C.43] [ADMINISTRATIVE AUTHORITY; PARENTAGE; 
123.9   SUPPORT.] 
123.10     Subdivision 1.  [POWERS.] The public authority may take the 
123.11  following actions relating to establishment of paternity or to 
123.12  establishment, modification, or enforcement of support orders, 
123.13  without the necessity of obtaining an order from a judicial or 
123.14  administrative tribunal: 
123.15     (1) recognize and enforce orders of child support agencies 
123.16  of other states; 
123.17     (2) upon request for genetic testing by a child, parent, or 
123.18  an alleged parent, and using the procedure in subdivision 2, 
123.19  order the child, parent, or alleged parent to submit to blood or 
123.20  genetic testing for the purpose of establishing paternity; 
123.21     (3) subpoena financial or other information needed to 
123.22  establish, modify, or enforce a child support order and request 
123.23  sanctions for failure to respond to a subpoena; 
123.24     (4) upon notice to the obligor, obligee, and the 
123.25  appropriate court, direct the obligor or other payor to change 
123.26  the payee to the central collections unit under section 517C.50; 
123.27     (5) order income withholding of child support under section 
123.28  517C.52; 
123.29     (6) secure assets to satisfy a support debt or arrears by: 
123.30     (i) intercepting or seizing periodic or lump-sum payments 
123.31  from state or local agencies, including reemployment 
123.32  compensation, workers' compensation payments, judgments, 
123.33  settlements, lotteries, and other lump-sum payments; 
123.34     (ii) attaching and seizing assets of the obligor held in 
123.35  financial institutions or public or private retirement funds; 
123.36  and 
124.1      (iii) imposing liens in accordance with section 548.091, 
124.2   and, in appropriate cases, forcing the sale of property and the 
124.3   distribution of proceeds; 
124.4      (7) for the purpose of securing overdue support, increase 
124.5   the amount of the monthly support payments by an additional 
124.6   amount equal to 20 percent of the monthly support payment to 
124.7   include amounts for debts or arrears; and 
124.8      (8) subpoena an employer or payor of funds to provide 
124.9   promptly information on the employment, compensation, and 
124.10  benefits of an individual employed by that employer as an 
124.11  employee or contractor, and to request sanctions for failure to 
124.12  respond to the subpoena as provided by law. 
124.13     Subd. 2.  [GENETIC TESTING.] (a) A request for genetic 
124.14  testing by a child, parent, or alleged parent must be supported 
124.15  by a sworn statement by the person requesting genetic testing 
124.16  that: 
124.17     (1) alleges paternity and sets forth facts establishing a 
124.18  reasonable possibility of the requisite sexual contact between 
124.19  the parties; or 
124.20     (2) denies paternity and sets forth facts establishing a 
124.21  reasonable possibility of the nonexistence of sexual contact 
124.22  between the alleged parties. 
124.23     (b) The order for genetic tests may be served anywhere 
124.24  within the state and served outside the state in the same manner 
124.25  as prescribed by law for service of subpoenas issued by the 
124.26  district court of this state. 
124.27     (c) If the child, parent, or alleged parent fails to comply 
124.28  with the genetic testing order, the public authority may seek to 
124.29  enforce that order in district court through a motion to compel 
124.30  testing. 
124.31     (d) No results obtained through genetic testing done in 
124.32  response to an order issued under this section may be used in a 
124.33  criminal proceeding. 
124.34     Subd. 3.  [SUBPOENAS.] (a) Subpoenas may be served anywhere 
124.35  within the state and served outside the state in the same manner 
124.36  as prescribed by law for service of process of subpoenas issued 
125.1   by the district court of this state.  When a subpoena under this 
125.2   subdivision is served on a third-party recordkeeper, written 
125.3   notice of the subpoena must be mailed to the person who is the 
125.4   subject of the subpoenaed material at the person's last known 
125.5   address within three days of the day the subpoena is served.  
125.6   This notice provision does not apply if there is reasonable 
125.7   cause to believe the giving of the notice may lead to 
125.8   interference with the production of the subpoenaed documents.  
125.9      (b) A person served with a subpoena may make a written 
125.10  objection to the public authority or court before the time 
125.11  specified in the subpoena for compliance.  The public authority 
125.12  or the court may cancel or modify the subpoena, if appropriate.  
125.13  The public authority must pay the reasonable costs of producing 
125.14  the documents, if requested.  
125.15     (c) Subpoenas are enforceable in the same manner as 
125.16  subpoenas of the district court.  Upon motion of the county 
125.17  attorney, the court may issue an order directing the production 
125.18  of the records.  A person who fails to comply with the court 
125.19  order is subject to civil or criminal contempt of court.  
125.20     Subd. 4.  [DUE PROCESS.] The administrative actions under 
125.21  this section are subject to due process safeguards, including 
125.22  requirements for notice, opportunity to contest the action, and 
125.23  opportunity to appeal the order to a judge, judicial officer, or 
125.24  child support magistrate. 
125.25     Sec. 36.  [517C.44] [SHARING OF INFORMATION; DATA.] 
125.26     Subdivision 1.  [GENERAL.] The public authority may share 
125.27  available and relevant information on the parties in order to 
125.28  perform its duties under this chapter or under supreme court 
125.29  rules governing the expedited child support hearing process 
125.30  under section 484.702, subject to the limitations of subdivision 
125.31  3, section 256.87, subdivision 8, and section 257.70. 
125.32     Subd. 2.  [DATA DISCLOSED TO AN ATTORNEY OF THE PUBLIC 
125.33  AUTHORITY.] (a) Data disclosed by an applicant for, or recipient 
125.34  of, child support services to an attorney employed by, or under 
125.35  contract with, the public authority is private data on an 
125.36  individual.  However, the data may be disclosed under section 
126.1   13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and in 
126.2   order to obtain, modify, or enforce child support, medical 
126.3   support, and parentage determinations. 
126.4      (b) An attorney employed by, or under contract with, the 
126.5   public authority may disclose additional information received 
126.6   from an applicant for, or recipient of, services for other 
126.7   purposes with the consent of the individual applicant for, or 
126.8   recipient of, child support services. 
126.9      Subd. 3.  [PROHIBITED DISCLOSURE.] In all proceedings under 
126.10  this chapter in which public assistance is assigned under 
126.11  section 256.741, or the public authority provides services to a 
126.12  party or parties to the proceedings, notwithstanding statutory 
126.13  or other authorization for the public authority to release 
126.14  private data on the location of a party to the action, 
126.15  information on the location of one party may not be released by 
126.16  the public authority to the other party if: 
126.17     (1) the public authority has knowledge that a protective 
126.18  order with respect to the other party has been entered; or 
126.19     (2) the public authority has reason to believe that the 
126.20  release of the information may result in physical or emotional 
126.21  harm to the other party. 
126.22     Sec. 37.  [517C.45] [SUFFICIENCY OF NOTICE.] 
126.23     Automated child support notices sent by the public 
126.24  authority which do not require service are sufficient notice 
126.25  when issued and mailed by first class mail to the person's last 
126.26  known address. 
126.27     Sec. 38.  [517C.50] [CHILD SUPPORT PAYMENT CENTER; CENTRAL 
126.28  COLLECTIONS UNIT.] 
126.29     Subdivision 1.  [CREATION.] (a) The commissioner of human 
126.30  services must create and maintain a central collections unit to 
126.31  receive, process, and disburse payments, and to maintain a 
126.32  record of payments in cases when: 
126.33     (1) the public authority is a party; 
126.34     (2) the public authority provides child support enforcement 
126.35  services to a party; or 
126.36     (3) payment is collected through income withholding. 
127.1      (b) The commissioner may contract for services to carry out 
127.2   these provisions if the commissioner first meets and negotiates 
127.3   with the affected exclusive representatives. 
127.4      Subd. 2.  [CREDITOR COLLECTIONS.] The central collections 
127.5   unit under this section is not a third party under chapters 550, 
127.6   552, and 571 for purposes of creditor collection efforts against 
127.7   child support and maintenance order obligors or obligees, and is 
127.8   not subject to creditor levy, attachment, or garnishment. 
127.9      Sec. 39.  [517C.51] [MANDATORY PAYMENT OF OBLIGATIONS TO 
127.10  CENTRAL COLLECTIONS UNIT.] 
127.11     Subdivision 1.  [GENERAL.] All payments described in 
127.12  section 517C.50 must be made to the central collections unit. 
127.13     Subd. 2.  [LOCAL PAYMENT; TRANSMITTAL.] The public 
127.14  authority must provide a location for obligors to pay child 
127.15  support in each local jurisdiction.  When the public authority 
127.16  receives a payment it must transmit the funds to the central 
127.17  collections unit within one working day. 
127.18     Subd. 3.  [INCENTIVES.] Notwithstanding a rule to the 
127.19  contrary, incentives must be paid to the county providing 
127.20  services and maintaining the case to which the payment is 
127.21  applied.  Incentive payments awarded for the collection of child 
127.22  support must be based solely upon payments processed by the 
127.23  central collections unit.  Incentive payments received by the 
127.24  county under this subdivision must be used for county child 
127.25  support collection efforts. 
127.26     Subd. 4.  [ELECTRONIC FUNDS TRANSFER.] The central 
127.27  collections unit may receive and disburse funds electronically. 
127.28     Subd. 5.  [REQUIRED CONTENT OF ORDER.] A tribunal issuing 
127.29  an order that establishes or modifies a payment must issue an 
127.30  income withholding order in conformity with section 517C.52.  
127.31  The automatic income withholding order must include the name of 
127.32  the obligor, the obligor's social security number, the obligor's 
127.33  date of birth, and the name and address of the obligor's 
127.34  employer.  The street mailing address and the electronic mail 
127.35  address for the central collections unit must be included in 
127.36  each automatic income withholding order issued by a tribunal. 
128.1      Subd. 6.  [TRANSMITTAL OF ORDER TO THE PUBLIC AUTHORITY BY 
128.2   THE TRIBUNAL.] The tribunal must transmit a copy of the order 
128.3   establishing or modifying the payment, and a copy of the 
128.4   automatic income withholding order, to the public authority 
128.5   within two working days of the approval of the order by the 
128.6   judge or child support magistrate or other person or entity 
128.7   authorized to sign the automatic withholding order. 
128.8      Subd. 7.  [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 
128.9   OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 
128.10  payor of funds must identify the obligor on the check or 
128.11  remittance by name, payor number, and social security number, 
128.12  and must comply with section 517C.52. 
128.13     Subd. 8.  [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 
128.14  FUNDS.] A notice may be directed to a person or entity 
128.15  submitting a check drawn on insufficient funds stating that 
128.16  future payments must be made by cash or certified funds.  The 
128.17  central collections unit and the public authority may refuse a 
128.18  check from a person or entity that has been given notice that 
128.19  payments must be in cash or certified funds. 
128.20     Subd. 9.  [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 
128.21  record of payments maintained by the central collections unit is 
128.22  admissible evidence in all tribunals as proof of payments made 
128.23  through the central collections unit without the need of 
128.24  testimony to prove authenticity. 
128.25     Subd. 10.  [TRANSITION PROVISIONS.] (a) The commissioner of 
128.26  human services must develop a plan for the implementation of the 
128.27  central collections unit.  The plan must require that payments 
128.28  be redirected to the central collections unit.  Payments may be 
128.29  redirected in groups according to county of origin, county of 
128.30  payment, method of payment, type of case, or any other 
128.31  distinguishing factor designated by the commissioner. 
128.32     (b) Notice that payments must be made to the central 
128.33  collections unit must be provided to the obligor and to the 
128.34  payor of funds at least 30 days before payments are redirected 
128.35  to the central collections unit.  After the notice has been 
128.36  provided to the obligor or payor of funds, mailed payments 
129.1   received by the public authority must be forwarded to the 
129.2   central collections unit.  A notice must be sent to the obligor 
129.3   or payor of funds stating that payment application may be 
129.4   delayed and must provide directions to submit future payments to 
129.5   the central collections unit. 
129.6      Subd. 11.  [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 
129.7   commissioner of human services may establish a revolving account 
129.8   to cover funds issued in error due to insufficient funds or 
129.9   other reasons.  Appropriations for this purpose and all 
129.10  recoupments against payments from the account must be deposited 
129.11  in the collections unit's recoupment account and are 
129.12  appropriated to the commissioner.  An unexpended balance in the 
129.13  account does not cancel, but is available until expended. 
129.14     Sec. 40.  [517C.52] [INCOME WITHHOLDING; GENERAL.] 
129.15     Subdivision 1.  [APPLICATION.] Sections 517C.52 to 517C.62 
129.16  apply to all support orders issued by a court or an 
129.17  administrative tribunal and orders for or notices of withholding 
129.18  issued by the public authority according to section 517C.43, 
129.19  subdivision 1, clause (5). 
129.20     Subd. 2.  [ORDER.] (a) Every support order must address 
129.21  income withholding.  Whenever a support order is initially 
129.22  entered or modified, the full amount of the support order must 
129.23  be withheld from the income of the obligor and forwarded to the 
129.24  public authority.  Sections 517C.51 to 517C.62 apply regardless 
129.25  of the source of income of the person obligated to pay the child 
129.26  support. 
129.27     (b) A payor of funds must implement income withholding 
129.28  according to sections 517C.51 to 517C.62 upon receipt of an 
129.29  order for or notice of withholding.  The notice of withholding 
129.30  must be on a form provided by the commissioner of human services.
129.31     Subd. 3.  [NOTICE; INCOME WITHHOLDING AND COLLECTION 
129.32  SERVICES.] (a) The commissioner of human services must prepare 
129.33  and make available to the courts a notice of services that 
129.34  explains child support and maintenance collection services 
129.35  available through the public authority, including income 
129.36  withholding.  Upon receiving a petition for dissolution of 
130.1   marriage or legal separation, the court administrator must 
130.2   promptly send the notice of services to the petitioner and 
130.3   respondent at the addresses stated in the petition. 
130.4      (b) Upon receipt of a support order requiring income 
130.5   withholding, a petitioner or respondent, who is not a recipient 
130.6   of public assistance and does not receive child support services 
130.7   from the public authority, must apply to the public authority 
130.8   for either full child support collection services or for income 
130.9   withholding only services. 
130.10     (c) For those persons applying for income withholding only 
130.11  services, a monthly service fee of $15 must be charged to the 
130.12  obligor.  This fee is in addition to the amount of the support 
130.13  order and must be withheld through income withholding.  The 
130.14  public authority must explain the service options in this 
130.15  section to the affected parties and encourage the application 
130.16  for full child support collection services. 
130.17     Subd. 4.  [CONTRACT FOR SERVICE.] To carry out income 
130.18  withholding, the public authority may contract for services, 
130.19  including the use of electronic funds transfer. 
130.20     Subd. 5.  [ELECTRONIC TRANSMISSION.] Orders or notices for 
130.21  income withholding may be transmitted for enforcement purposes 
130.22  by electronic means. 
130.23     Sec. 41.  [517C.53] [WAIVER OF INCOME WITHHOLDING.] 
130.24     (a) If child support is not assigned to the public 
130.25  authority, the court may waive income withholding requirements 
130.26  if it finds there are no arrears as of the date of the hearing 
130.27  and: 
130.28     (1) one party demonstrates and the court finds there is 
130.29  good cause to waive the requirements of sections 517C.51 to 
130.30  517C.62 or to terminate an order for or notice of income 
130.31  withholding previously entered; or 
130.32     (2) all parties reach an agreement and the agreement is 
130.33  approved by the court after a finding that the agreement is 
130.34  likely to result in regular and timely payments.  The court's 
130.35  findings waiving the requirements of this paragraph must include 
130.36  a written explanation of the reasons why income withholding 
131.1   would not be in the best interests of the child. 
131.2      (b) In addition to the other requirements in this section, 
131.3   if the case involves a modification of support, the court must 
131.4   make a finding that support has been timely made. 
131.5      (c) If the court waives income withholding, the obligee or 
131.6   obligor may at any time request subsequent income withholding 
131.7   under section 517C.59. 
131.8      Sec. 42.  [517C.54] [PAYOR OF FUNDS RESPONSIBILITIES.] 
131.9      Subdivision 1.  [ACTIVATION.] An order for or notice of 
131.10  withholding is binding on a payor of funds upon receipt.  
131.11  Withholding must begin no later than the first pay period that 
131.12  occurs after 14 days following the date of receipt of the order 
131.13  for or notice of withholding.  In the case of a financial 
131.14  institution, preauthorized transfers must occur in accordance 
131.15  with a court-ordered payment schedule. 
131.16     Subd. 2.  [PROCEDURE.] A payor of funds must withhold from 
131.17  the income payable to the obligor the amount specified in the 
131.18  order or notice of withholding and amounts specified under 
131.19  sections 517C.58 and 517C.63 and must remit the amounts withheld 
131.20  to the public authority within seven business days of the date 
131.21  the obligor is paid the remainder of the income.  The payor of 
131.22  funds must include with the remittance the social security 
131.23  number of the obligor, the case type indicator as provided by 
131.24  the public authority, and the date the obligor is paid the 
131.25  remainder of the income.  The obligor is considered to have paid 
131.26  the amount withheld as of the date the obligor received the 
131.27  remainder of the income.  A payor of funds may combine all 
131.28  amounts withheld from one pay period into one payment to each 
131.29  public authority, but must separately identify each obligor 
131.30  making payment. 
131.31     Subd. 3.  [RETALIATION PROHIBITED.] A payor of funds must 
131.32  not discharge, or refuse to hire, or otherwise discipline an 
131.33  employee as a result of wage or salary withholding authorized by 
131.34  this chapter. 
131.35     Subd. 4.  [UPDATED ORDERS.] If more than one order for or 
131.36  notice of withholding exists involving the same obligor and 
132.1   child, the public authority must enforce the most recent order 
132.2   or notice.  An order for or notice of withholding that was 
132.3   previously implemented according to this chapter ends as of the 
132.4   date of the most recent order.  The public authority must notify 
132.5   the payor of funds to withhold under the most recent withholding 
132.6   order or notice. 
132.7      Subd. 5.  [NOTIFICATION OF TERMINATION.] When an order for 
132.8   or notice of withholding is in effect and the obligor's 
132.9   employment is terminated, the obligor and the payor of funds 
132.10  must notify the public authority of the termination within ten 
132.11  days of the termination date.  The termination notice must 
132.12  include the obligor's home address and the name and address of 
132.13  the obligor's new payor of funds, if known. 
132.14     Subd. 6.  [EXPENSES.] A payor of funds may deduct $1 from 
132.15  the obligor's remaining salary for each payment made pursuant to 
132.16  an order for or notice of withholding under this chapter to 
132.17  cover the expenses of withholding. 
132.18     Sec. 43.  [517C.55] [LUMP-SUM PAYMENTS.] 
132.19     Subdivision 1.  [APPLICATION.] (a) This section applies to 
132.20  lump-sum payments of $500 or more including, but not limited to, 
132.21  severance pay, accumulated sick pay, vacation pay, bonuses, 
132.22  commissions, or other pay or benefits. 
132.23     (b) The Consumer Credit Protection Act, United States Code, 
132.24  title 15, section 1673(b), does not apply to lump-sum payments. 
132.25     Subd. 2.  [PAYOR OF FUNDS RESPONSIBILITIES.] Before 
132.26  transmitting a lump-sum payment to an obligor, a payor of funds 
132.27  who has been served with an order for or notice of income 
132.28  withholding under this chapter must: 
132.29     (1) notify the public authority of the lump-sum payment 
132.30  that is to be paid to the obligor; and 
132.31     (2) hold the lump-sum payment for 30 days after the date 
132.32  the lump-sum payment would otherwise have been paid to the 
132.33  obligor, notwithstanding sections 176.221, 176.225, 176.521, 
132.34  181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota 
132.35  Rules, part 1415.2000, subpart 10. 
132.36     Subd. 3.  [PUBLIC AUTHORITY OPTIONS.] (a) The public 
133.1   authority may direct the payor of funds to pay the lump-sum 
133.2   payment, up to the amount of judgments or arrears, to the public 
133.3   authority if: 
133.4      (1) a judgment entered pursuant to section 548.091, 
133.5   subdivision 1a, exists against the obligor, or other support 
133.6   arrears exist; and 
133.7      (2) a portion of the judgment or arrears remains unpaid. 
133.8      (b) If no judgment or arrears exist, the public authority 
133.9   may seek a court order directing the payor of funds to transmit 
133.10  all or a portion of the lump-sum payment to the public authority 
133.11  for future support.  To obtain a court order under this 
133.12  paragraph, the public authority must show a past willful 
133.13  nonpayment of support by the obligor. 
133.14     Sec. 44.  [517C.56] [PAYOR OF FUNDS LIABILITY.] 
133.15     Subdivision 1.  [LIABILITY TO OBLIGEE.] A payor of funds is 
133.16  liable to the obligee for amounts required to be withheld.  A 
133.17  payor of funds that fails to withhold or transfer funds in 
133.18  accordance with this chapter is liable to the obligee for 
133.19  interest on the funds at the rate applicable to judgments under 
133.20  section 549.09, computed from the date the funds were required 
133.21  to be withheld or transferred.  A payor of funds is liable for 
133.22  reasonable attorney fees of the obligee or public authority 
133.23  incurred in enforcing the liability under this paragraph.  A 
133.24  payor of funds that has failed to comply with the requirements 
133.25  of sections 517C.51 to 517C.62 is subject to contempt sanctions 
133.26  under section 517C.57.  If the payor of funds is an employer or 
133.27  independent contractor and violates this subdivision, a court 
133.28  may award the obligor twice the wages lost as a result of this 
133.29  violation.  If a court finds a payor of funds violated this 
133.30  subdivision, the court must impose a civil fine of not less than 
133.31  $500. 
133.32     Subd. 2.  [NONLIABILITY FOR COMPLIANCE.] A payor of funds 
133.33  is not subject to civil liability to any individual or agency 
133.34  for taking action in compliance with an income withholding order 
133.35  or notice of withholding that appears regular on its face 
133.36  according to this chapter or chapter 518C. 
134.1      Sec. 45.  [517C.57] [EMPLOYER CONTEMPT.] 
134.2      Subdivision 1.  [ORDERS BINDING.] Notices or orders for 
134.3   income withholding or medical support issued pursuant to this 
134.4   chapter are binding on the employer, trustee, or other payor of 
134.5   funds after the order or notice has been transmitted to the 
134.6   employer, trustee, or payor of funds. 
134.7      Subd. 2.  [CONTEMPT ACTION.] (a) An obligee or the public 
134.8   authority may initiate a contempt action against an employer, 
134.9   trustee, or payor of funds, within the action that created the 
134.10  support obligation, by serving an order to show cause upon the 
134.11  employer, trustee, or payor of funds. 
134.12     (b) The employer, trustee, or payor of funds is presumed to 
134.13  be in contempt: 
134.14     (1) if the employer, trustee, or payor of funds has 
134.15  intentionally failed to withhold support after receiving the 
134.16  order or notice for income withholding or notice of enforcement 
134.17  of medical support; or 
134.18     (2) upon presentation of pay stubs or similar documentation 
134.19  showing that the employer, trustee, or payor of funds withheld 
134.20  support and demonstrating that the employer, trustee, or payor 
134.21  of funds intentionally failed to remit support to the public 
134.22  authority. 
134.23     Subd. 3.  [SANCTIONS.] The employer, trustee, or payor of 
134.24  funds is liable to the obligee or the public authority for 
134.25  amounts required to be withheld that were not paid.  The court 
134.26  may enter judgment against the employer, trustee, or payor of 
134.27  funds for support not withheld or remitted.  An employer, 
134.28  trustee, or payor of funds found guilty of contempt must be 
134.29  punished by a fine of not more than $250 as provided in chapter 
134.30  588.  The court may also impose other contempt sanctions 
134.31  authorized under chapter 588. 
134.32     Sec. 46.  [517C.58] [PRIORITY OF INCOME WITHHOLDING ORDERS; 
134.33  MAXIMUM WITHHOLDING.] 
134.34     Subdivision 1.  [PRIORITY.] (a) An order for or notice of 
134.35  withholding under this chapter or execution or garnishment upon 
134.36  a judgment for child support arrears or preadjudicated expenses 
135.1   has priority over an attachment, execution, garnishment, or wage 
135.2   assignment and is not subject to the statutory limitations on 
135.3   amounts levied against the income of the obligor.  Amounts 
135.4   withheld from an employee's income must not exceed the maximum 
135.5   permitted under the Consumer Credit Protection Act, United 
135.6   States Code, title 15, section 1673(b). 
135.7      Subd. 2.  [MULTIPLE ORDERS.] If a single employee is 
135.8   subject to multiple withholding orders or multiple notices of 
135.9   withholding for the support of more than one child, the payor of 
135.10  funds must comply with all of the orders or notices to the 
135.11  extent that the total amount withheld from the obligor's income 
135.12  does not exceed the limits imposed under the Consumer Credit 
135.13  Protection Act, United States Code, title 15, section 1673(b), 
135.14  giving priority to amounts designated in each order or notice as 
135.15  current support as follows: 
135.16     (1) if the total of the amounts designated in the orders 
135.17  for or notices of withholding as current support exceeds the 
135.18  amount available for income withholding, the payor of funds must 
135.19  allocate to each order or notice an amount for current support 
135.20  equal to the amount designated in that order or notice as 
135.21  current support, divided by the total of the amounts designated 
135.22  in the orders or notices as current support, multiplied by the 
135.23  amount of the income available for income withholding; and 
135.24     (2) if the total of the amounts designated in the orders 
135.25  for or notices of withholding as current support does not exceed 
135.26  the amount available for income withholding, the payor of funds 
135.27  must pay the amounts designated as current support, and must 
135.28  allocate to each order or notice an amount for past due support, 
135.29  equal to the amount designated in that order or notice as past 
135.30  due support, divided by the total of the amounts designated in 
135.31  the orders or notices as past due support, multiplied by the 
135.32  amount of income remaining available for income withholding 
135.33  after the payment of current support. 
135.34     Sec. 47.  [517C.59] [SUBSEQUENT INCOME WITHHOLDING.] 
135.35     Subdivision 1.  [APPLICATION.] This section applies to 
135.36  support orders that do not contain provisions for income 
136.1   withholding. 
136.2      Subd. 2.  [WHEN THE PUBLIC AUTHORITY IS A PARTY.] If the 
136.3   public authority is a party, income withholding under this 
136.4   section takes effect without prior judicial notice to the 
136.5   obligor and without the need for judicial or administrative 
136.6   hearing.  Withholding must be initiated when: 
136.7      (1) the obligor requests it in writing to the public 
136.8   authority; 
136.9      (2) the obligee or obligor serves on the public authority a 
136.10  copy of the notice of income withholding, a copy of the court's 
136.11  order, an application, and the fee to use the public authority's 
136.12  collection services; or 
136.13     (3) the public authority commences withholding under 
136.14  section 517C.43. 
136.15     Subd. 3.  [WHEN THE PUBLIC AUTHORITY IS NOT A PARTY.] If 
136.16  the public authority is not a party, income withholding under 
136.17  this section must be initiated when an obligee requests it by 
136.18  making a written motion to the court and the court finds that 
136.19  previous support has not been paid on a timely consistent basis 
136.20  or that the obligor has threatened expressly or otherwise to 
136.21  stop or reduce payments. 
136.22     Subd. 4.  [NOTICE.] Within two days after the public 
136.23  authority commences withholding under this section, the public 
136.24  authority must send to the obligor at the obligor's last known 
136.25  address, notice that withholding has commenced.  The notice must 
136.26  include the information provided to the payor of funds in the 
136.27  notice of withholding. 
136.28     Subd. 5.  [CONTEST.] (a) The obligor may contest 
136.29  withholding under this section on the limited grounds that the 
136.30  withholding or the amount withheld is improper due to mistake of 
136.31  fact.  An obligor who chooses to contest the withholding must do 
136.32  so no later than 15 days after the employer commences 
136.33  withholding, by doing all of the following: 
136.34     (1) file a request for an expedited child support hearing 
136.35  under section 484.702, and include in the request the alleged 
136.36  mistake of fact; 
137.1      (2) serve a copy of the request for contested hearing upon 
137.2   the public authority and the obligee; and 
137.3      (3) secure a date for the contested hearing no later than 
137.4   45 days after receiving notice that withholding has commenced. 
137.5      (b) The income withholding must remain in place while the 
137.6   obligor contests the withholding. 
137.7      (c) If the court finds a mistake in the amount of the 
137.8   arrears to be withheld, the court must continue the income 
137.9   withholding, but it must correct the amount of the arrears to be 
137.10  withheld. 
137.11     Sec. 48.  [517C.60] [INCOME WITHHOLDING; ARREARS ORDER.] 
137.12     (a) In addition to ordering income withholding for current 
137.13  support the court may order the payor of funds to withhold 
137.14  amounts to satisfy the obligor's previous arrears in support 
137.15  order payments.  Use of this remedy does not exclude the use of 
137.16  other remedies to enforce judgments.  The employer or payor of 
137.17  funds must withhold from the obligor's income an additional 
137.18  amount equal to 20 percent of the monthly child support 
137.19  obligation until the arrears are paid. 
137.20     (b) Notwithstanding any law to the contrary, funds from 
137.21  income sources included in section 517C.12, subdivision 1, 
137.22  whether periodic or lump-sum, are not exempt from attachment or 
137.23  execution upon a judgment for child support arrears. 
137.24     (c) Absent an order to the contrary, if arrears exist at 
137.25  the time a support order would otherwise terminate, income 
137.26  withholding continues in effect or may be implemented in an 
137.27  amount equal to the support order plus an additional 20 percent 
137.28  of the monthly child support obligation, until all arrears have 
137.29  been paid in full. 
137.30     Sec. 49.  [517C.61] [INTERSTATE INCOME WITHHOLDING.] 
137.31     (a) Upon receipt of an order for support entered in another 
137.32  state and the specified documentation from an authorized agency, 
137.33  the public authority must implement income withholding.  A payor 
137.34  of funds in this state must withhold income under court orders 
137.35  for withholding issued by other states or territories. 
137.36     (b) An employer receiving an income withholding notice from 
138.1   another state must withhold and distribute the funds as directed 
138.2   in the withholding notice and must apply the law of the 
138.3   obligor's principal place of employment when determining: 
138.4      (1) the employer's fee for processing an income withholding 
138.5   notice; 
138.6      (2) the maximum amount permitted to be withheld from the 
138.7   obligor's income; and 
138.8      (3) deadlines for implementing and forwarding the child 
138.9   support payment. 
138.10     (c) An obligor may contest withholding under this section 
138.11  pursuant to section 518C.506. 
138.12     Sec. 50.  [517C.62] [ORDER TERMINATING INCOME WITHHOLDING.] 
138.13     Subdivision 1.  [GENERAL PROCEDURE.] (a) An order 
138.14  terminating income withholding must specify the effective date 
138.15  of the order and reference the initial order or decree that 
138.16  establishes the support obligation.  An order terminating income 
138.17  withholding must be entered if: 
138.18     (1) the obligor serves written notice of the application 
138.19  for termination of income withholding by mail upon the obligee 
138.20  at the obligee's last known mailing address, and a duplicate 
138.21  copy of the application is served on the public authority; 
138.22     (2) the application for termination of income withholding 
138.23  specifies the event that terminates the support obligation, the 
138.24  effective date of the termination of the support obligation, and 
138.25  the applicable provisions of the order or decree that 
138.26  established the support obligation; and 
138.27     (3) the application includes the complete name of the 
138.28  obligor's payor of funds, the business mailing address, the 
138.29  court action and court file number, and the support and 
138.30  collections file number, if known. 
138.31     (b) The obligee or the public authority may request a 
138.32  contested hearing on the issue of whether income withholding 
138.33  should continue.  The request must be made within 20 days of 
138.34  receiving an application for termination of income withholding.  
138.35  The request must clearly specify the basis for continuing income 
138.36  withholding.  The obligee or public authority may make an ex 
139.1   parte motion to stay the service of an order terminating income 
139.2   withholding upon the obligor's payor of funds pending the 
139.3   outcome of the contested hearing. 
139.4      Subd. 2.  [TERMINATION BY THE PUBLIC AUTHORITY.] (a) If the 
139.5   public authority determines that income withholding is no longer 
139.6   applicable, the public authority must notify the obligee and the 
139.7   obligor of intent to terminate income withholding. 
139.8      (b) Five days after notification to the obligee and 
139.9   obligor, the public authority must issue a notice to the payor 
139.10  of funds terminating income withholding.  A court order is not 
139.11  required unless the obligee has requested an expedited child 
139.12  support hearing under section 484.702. 
139.13     Sec. 51.  [517C.63] [CHILD SUPPORT DEPOSIT ACCOUNT; 
139.14  FINANCIAL INSTITUTIONS.] 
139.15     Subdivision 1.  [APPLICATION.] If income withholding is 
139.16  ineffective due to the obligor's method of obtaining income, the 
139.17  court must order the obligor to identify a child support deposit 
139.18  account owned solely by the obligor, or to establish an account, 
139.19  in a financial institution located in this state for the purpose 
139.20  of depositing court-ordered child support payments.  The court 
139.21  must order the obligor to execute an agreement with the 
139.22  appropriate public authority for preauthorized transfers from 
139.23  the obligor's child support account payable to an account of the 
139.24  public authority.  The court must order the obligor to disclose 
139.25  to the court all deposit accounts owned by the obligor in whole 
139.26  or in part in any financial institution.  The court may order 
139.27  the obligor to disclose to the court the opening or closing of 
139.28  any deposit account owned in whole or in part by the obligor 
139.29  within 30 days of the opening or closing.  The court may order 
139.30  the obligor to execute an agreement with the appropriate public 
139.31  authority for preauthorized transfers from any deposit account 
139.32  owned in whole or in part by the obligor to the obligor's child 
139.33  support deposit account if necessary to satisfy court-ordered 
139.34  child support payments.  The court may order a financial 
139.35  institution to disclose to the court the account number and any 
139.36  other information regarding accounts owned in whole or in part 
140.1   by the obligor.  An obligor who fails to comply with this 
140.2   subdivision, fails to deposit funds in at least one deposit 
140.3   account sufficient to pay court-ordered child support, or stops 
140.4   payment or revokes authorization of a preauthorized transfer is 
140.5   subject to contempt of court procedures under chapter 588. 
140.6      Subd. 2.  [TRANSFERS.] A financial institution must execute 
140.7   preauthorized transfers for the deposit accounts of the obligor 
140.8   in the amount specified in the order and amounts required under 
140.9   this section as directed by the public authority.  A financial 
140.10  institution is liable to the obligee if funds in any of the 
140.11  obligor's deposit accounts identified in the court order equal 
140.12  the amount stated in the preauthorization agreement but are not 
140.13  transferred by the financial institution in accordance with the 
140.14  agreement. 
140.15     Sec. 52.  [517C.64] [ESCROW ACCOUNT.] 
140.16     Subdivision 1.  [ESTABLISHMENT.] (a) When determining or 
140.17  modifying a support order the court must not order income 
140.18  withholding otherwise required under sections 517C.51 to 517C.62 
140.19  if: 
140.20     (1) the court finds there are no arrears as of the date of 
140.21  the court hearing; 
140.22     (2) the obligor establishes a savings account for a sum 
140.23  equal to two months of the monthly child support obligation; and 
140.24     (3) the obligor provides proof of the existence of the 
140.25  account to the court and the public authority prior to the 
140.26  issuance of the order.  Proof of the establishment must include 
140.27  the financial institution name and address, account number, and 
140.28  the amount of deposit. 
140.29     (b) An account established under paragraph (a) must: 
140.30     (1) be at a financial institution; 
140.31     (2) bear interest; and 
140.32     (3) authorize the public authority as the sole drawer of 
140.33  funds. 
140.34     Subd. 2.  [DEFAULT.] (a) If a child support payment is ten 
140.35  days or more past due, the obligee may transmit a notice of 
140.36  default to the public authority and apply for child support 
141.1   collection services.  The notice must be verified by the obligee 
141.2   and must contain the title of the action, the court file number, 
141.3   the full name and address of the obligee, the name and last 
141.4   known address of the obligor, the obligor's last known employer 
141.5   or other payor of funds, the date of the first unpaid amount, 
141.6   the date of the last unpaid amount, and the total amount unpaid. 
141.7      (b) Within three working days of receiving a notice of 
141.8   default, the public authority must: 
141.9      (1) withdraw the funds held at the financial institution 
141.10  under this section; and 
141.11     (2) send a copy of the notice of default and a notice of 
141.12  intent to implement income withholding by mail to the obligor at 
141.13  the obligor's last known address. 
141.14     (c) The notice of intent to implement income withholding 
141.15  must state that the support order will be served on the 
141.16  obligor's employer or payor of funds unless within 15 days of 
141.17  the date of the notice the obligor: 
141.18     (1) requests a hearing on the issue of whether payment was 
141.19  in default as of the date of the notice of default; and 
141.20     (2) serves notice of the hearing request on the public 
141.21  authority and the obligee. 
141.22     Subd. 3.  [DUTIES OF THE PUBLIC AUTHORITY.] (a) Within 
141.23  three working days of withdrawing sums under subdivision 2, the 
141.24  public authority must remit all amounts not assigned to the 
141.25  public authority to the obligee as current support. 
141.26     (b) The public authority must also serve a copy of the 
141.27  court's order and the provisions of sections 517C.51 to 517C.62 
141.28  and this section on the obligor's employer or other payor of 
141.29  funds unless the obligor requests a hearing under subdivision 2, 
141.30  paragraph (c). 
141.31     (c) The public authority must inform the obligor's employer 
141.32  or other payor of funds of the date the next support payment is 
141.33  due.  Income withholding must begin on that date and must 
141.34  reflect the total credits of principal and interest amounts 
141.35  received from the escrow account. 
141.36     Subd. 4.  [HEARING.] (a) If the obligor requests a hearing 
142.1   under subdivision 2, paragraph (c), the court must hold a 
142.2   hearing within 30 days of the date of the notice of default 
142.3   under subdivision 2, paragraph (a). 
142.4      (b) If the court finds that there was a default, the court 
142.5   must order the immediate withholding of support from the 
142.6   obligor's income. 
142.7      (c) If the court finds that there was no default, the court 
142.8   must order the reestablishment of the escrow account by either 
142.9   the obligee or obligor and must not order income withholding. 
142.10     Subd. 5.  [TERMINATION OF ESCROW ACCOUNT.] (a) When the 
142.11  support obligation ends under the terms of the order or decree 
142.12  establishing the obligation and the sum held under this section 
142.13  has not otherwise been released, the public authority must 
142.14  release the sum and interest to the obligor if the obligor 
142.15  transmits a notice of termination to the public authority.  The 
142.16  notice must be verified by the obligor and must indicate: 
142.17     (1) the title of the action; 
142.18     (2) the court file number; 
142.19     (3) the full name and address of the obligee; 
142.20     (4) the event that ends the support obligation; 
142.21     (5) the effective date of the termination of support 
142.22  obligation; and 
142.23     (6) the applicable provisions of the order or decree that 
142.24  established the support obligation. 
142.25     (b) The public authority must send a copy of the notice of 
142.26  termination to the obligee. 
142.27     (c) The obligee or the public authority may request a 
142.28  hearing on the issues of whether the support obligation 
142.29  continues and whether the escrow account should continue.  The 
142.30  request must be made and served on the other parties within 20 
142.31  days of receiving a notice of termination. 
142.32     Sec. 53.  [517C.65] [TRUSTEE.] 
142.33     Subdivision 1.  [APPOINTMENT.] Upon its own motion or upon 
142.34  motion of either party, the court may appoint a trustee, when it 
142.35  is deemed expedient, to receive money ordered to be paid as 
142.36  child support for remittance to the person entitled to receive 
143.1   the payments.  The trustee may also receive property that is 
143.2   part of an award for division of marital property.  The trustee 
143.3   must hold the property in trust to invest and pay over the 
143.4   income in the manner the court directs, or to pay over the 
143.5   principal sum in the proportions and at the times the court 
143.6   orders.  In all cases, the court must consider the situation and 
143.7   circumstances of the recipient, and the children, if any.  The 
143.8   trust must give a bond, as the court requires, for the faithful 
143.9   performance of the trust.  If it appears that the recipient of 
143.10  money ordered to be paid as support will receive public 
143.11  assistance, the court must appoint the public authority as 
143.12  trustee. 
143.13     Subd. 2.  [RECORDS.] The trustee must maintain records 
143.14  listing the amount of payments, the date when payments are 
143.15  required to be made, and the names and addresses of the parties 
143.16  affected by the order. 
143.17     Subd. 3.  [COMMUNICATION.] The parties affected by the 
143.18  order must inform the trustee of a change of address or of other 
143.19  conditions that may affect the administration of the order. 
143.20     Subd. 4.  [LATE PAYMENT.] If a required support payment is 
143.21  ten days or more overdue, the trustee must send the obligor 
143.22  notice of the arrears by first class mail.  If payment of the 
143.23  sum due is not received by the trustee within ten days after 
143.24  sending notice, the trustee must certify the amount due to the 
143.25  public authority, whenever that authority is not the trustee.  
143.26  If the public authority refers the arrears to the county 
143.27  attorney, the county attorney may initiate enforcement 
143.28  proceedings against the obligor for support. 
143.29     Sec. 54.  [517C.66] [OVERPAYMENTS.] 
143.30     If child support is not assigned under section 256.741, and 
143.31  an obligor has overpaid a child support obligation because of a 
143.32  modification or error in the amount owed, the public authority 
143.33  must: 
143.34     (1) apply the amount of the overpayment to reduce the 
143.35  amount of child support arrears or debts owed to the obligee; 
143.36  and 
144.1      (2) if an overpayment exists after the reduction of arrears 
144.2   or debt, reduce the amount of the child support remitted to the 
144.3   obligee by an amount no greater than 20 percent of the current 
144.4   monthly support obligation and remit this amount to the obligor 
144.5   until the overpayment is reduced to zero. 
144.6      Sec. 55.  [517C.67] [ALTERNATE NOTICE OF COURT ORDER.] 
144.7      Whenever this chapter requires service of a court's order 
144.8   on an employer, union, or payor of funds, service of a verified 
144.9   notice of order may be made in lieu of the order.  The verified 
144.10  notice must contain the title of the action, the name of the 
144.11  court, the court file number, the date of the court order, and 
144.12  must recite the operative provisions of the order. 
144.13     Sec. 56.  [517C.70] [CHILD SUPPORT AND PARENTING TIME ARE 
144.14  INDEPENDENT.] 
144.15     (a) Failure by a party to make support payments is not a 
144.16  defense to:  
144.17     (1) interference with parenting time rights; or 
144.18     (2) removing a child from this state without the permission 
144.19  of the court or of a parent who has been given parenting time. 
144.20     (b) Interference with parenting time rights or taking a 
144.21  child from this state without permission of the court or of a 
144.22  parent who has been given parenting time is not a defense to 
144.23  nonpayment of support. 
144.24     (c) If a party fails to make support payments, interferes 
144.25  with parenting time rights, or removes a child from this state 
144.26  without permission of the court or of a parent who has been 
144.27  given parenting time, the other party may petition the court for 
144.28  an appropriate order. 
144.29     Sec. 57.  [517C.705] [SIX-MONTH REVIEW.] 
144.30     A decree or order that establishes child support rights and 
144.31  obligations must contain a review date six months after its 
144.32  entry according to section 517A.25. 
144.33     Sec. 58.  [517C.71] [PAYMENT AGREEMENTS.] 
144.34     Subdivision 1.  [GENERAL REQUIREMENTS.] An obligor who has 
144.35  child support arrears may enter into a payment agreement that 
144.36  addresses payment of both current and overdue support.  Payment 
145.1   agreements must: 
145.2      (1) be in writing; 
145.3      (2) address both current support and arrears; and 
145.4      (3) be approved by the court, a child support magistrate, 
145.5   or the public authority. 
145.6      Subd. 2.  [CONSIDERATIONS.] In proposing or approving 
145.7   proposed payment agreements for purposes of this chapter, the 
145.8   court, a child support magistrate, or the public authority must 
145.9   take into consideration the amount of the arrears, the amount of 
145.10  the current support order, any pending request for modification, 
145.11  and the earnings of the obligor.  The court, child support 
145.12  magistrate, or public authority must consider the individual 
145.13  financial circumstances of each obligor in evaluating the 
145.14  obligor's ability to pay a proposed payment agreement and must 
145.15  propose a reasonable payment agreement tailored to the 
145.16  individual financial circumstances of each obligor. 
145.17     Sec. 59.  [517C.72] [SEEK EMPLOYMENT ORDERS.] 
145.18     Subdivision 1.  [COURT ORDER.] (a) When the public 
145.19  authority is enforcing a support order, the public authority may 
145.20  seek a court order requiring an obligor to seek employment if: 
145.21     (1) employment of the obligor cannot be verified; 
145.22     (2) the obligor has child support arrears amounting to at 
145.23  least three times the obligor's total monthly support payments; 
145.24  and 
145.25     (3) the obligor is not in compliance with a payment 
145.26  agreement. 
145.27     (b) Upon proper notice to the obligor, the court may enter 
145.28  a seek employment order if it finds that the obligor has not 
145.29  provided proof of gainful employment and has not consented to an 
145.30  order for income withholding or entered into a payment agreement.
145.31     Subd. 2.  [CONTENTS OF ORDER.] The order to seek employment 
145.32  must: 
145.33     (1) order that the obligor seek employment within a 
145.34  determinate amount of time; 
145.35     (2) order that the obligor file with the public authority a 
145.36  weekly report of at least five new attempts to find employment 
146.1   or of having found employment.  The report must include the 
146.2   names, addresses, and telephone numbers of the employers or 
146.3   businesses with whom the obligor attempted to obtain employment 
146.4   and the name of the individual contact at each employer or 
146.5   business to whom the obligor made application for employment or 
146.6   to whom an inquiry was directed; 
146.7      (3) notify the obligor that failure to comply with the 
146.8   order is evidence of a willful failure to pay support under 
146.9   section 517C.74; 
146.10     (4) order that the obligor provide the public authority 
146.11  with verification of any reason for noncompliance with the 
146.12  order; and 
146.13     (5) specify the duration of the order, not to exceed three 
146.14  months. 
146.15     Sec. 60.  [517C.73] [ORDER FOR COMMUNITY SERVICES.] 
146.16     If the court finds that the obligor earns $400 or less per 
146.17  month and does not have the ability to provide support based on 
146.18  the guidelines and factors in this chapter, the court may order 
146.19  the obligor to perform community services to fulfill the 
146.20  obligor's support obligation.  In ordering community services 
146.21  under this section, the court must consider whether the obligor 
146.22  has the physical capability to perform community services, and 
146.23  must order community services that are appropriate for the 
146.24  obligor's abilities. 
146.25     Sec. 61.  [517C.74] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 
146.26  SUPPORT.] 
146.27     Subdivision 1.  [GROUNDS.] If a person against whom an 
146.28  order or decree for support has been entered under this chapter, 
146.29  chapter 256, or a comparable law from another jurisdiction, has 
146.30  child support arrears amounting to at least three times the 
146.31  obligor's total monthly support obligation and is not in 
146.32  compliance with a payment agreement, the person may be cited and 
146.33  punished by the court for contempt under chapter 588 or this 
146.34  section.  Failure to comply with a seek employment order entered 
146.35  under section 517C.72 is evidence of willful failure to pay 
146.36  support. 
147.1      Subd. 2.  [COURT OPTIONS.] (a) If a court cites a person 
147.2   for contempt under this section, and the obligor lives in a 
147.3   county that contracts with the commissioner of human services 
147.4   under section 256.997, the court may order the performance of 
147.5   community service work up to 32 hours per week for six weeks for 
147.6   each finding of contempt if the obligor: 
147.7      (1) is able to work full time; 
147.8      (2) works an average of less than 32 hours per week; and 
147.9      (3) has actual weekly gross income averaging less than 40 
147.10  times the federal minimum hourly wage under United States Code, 
147.11  title 29, section 206(a)(1), or is voluntarily earning less than 
147.12  the obligor has the ability to earn, as determined by the court. 
147.13     (b) An obligor is presumed to be able to work full time.  
147.14  The obligor has the burden of proving inability to work full 
147.15  time. 
147.16     Subd. 3.  [RELEASE.] A person ordered to do community 
147.17  service work under subdivision 2 may, during the six-week 
147.18  period, apply to the court, an administrative law judge, or the 
147.19  public authority to be released from the community service work 
147.20  requirement if the person: 
147.21     (1) provides proof to the court, an administrative law 
147.22  judge, or the public authority that the person is gainfully 
147.23  employed and submits to an order for income withholding under 
147.24  section 518.6111; 
147.25     (2) enters into a payment agreement; or 
147.26     (3) provides proof to the court, an administrative law 
147.27  judge, or the public authority that, after entry of the order, 
147.28  the person's circumstances have so changed that the person is no 
147.29  longer able to fulfill the terms of the community service order. 
147.30     Subd. 4.  [CONTINUING OBLIGATIONS.] The performance of 
147.31  community service work does not relieve an obligor of a current 
147.32  support obligation or arrears. 
147.33     Sec. 62.  [517C.745] [SECURITY; SEQUESTRATION; CONTEMPT.] 
147.34     (a) In all cases when support payments are ordered, the 
147.35  court may require sufficient security to be given for the 
147.36  payment of them according to the terms of the order.  Upon 
148.1   neglect or refusal to give security, or upon failure to pay the 
148.2   support, the court may sequester the obligor's personal estate 
148.3   and the rents and profits of real estate of the obligor, and 
148.4   appoint a receiver of them.  The court may cause the personal 
148.5   estate and the rents and profits of the real estate to be 
148.6   applied according to the terms of the order. 
148.7      (b) The obligor is presumed to have an income from a source 
148.8   sufficient to pay the support order.  A child support order 
148.9   constitutes prima facie evidence that the obligor has the 
148.10  ability to pay the award.  If the obligor disobeys the order, it 
148.11  is prima facie evidence of contempt.  The court may cite the 
148.12  obligor for contempt under this section, section 517C.74, or 
148.13  chapter 588. 
148.14     Sec. 63.  [517C.75] [DRIVER'S LICENSE SUSPENSION.] 
148.15     Subdivision 1.  [FACTORS WARRANTING SUSPENSION.] An 
148.16  obligor's driver's license must be suspended if: 
148.17     (1) the obligor has child support arrears amounting to at 
148.18  least three times the obligor's total monthly support obligation 
148.19  and the obligor is not in compliance with a payment agreement; 
148.20  or 
148.21     (2) the obligor has failed, after receiving notice, to 
148.22  comply with a subpoena relating to a paternity or child support 
148.23  proceeding. 
148.24     Subd. 2.  [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 
148.25  of a party, the court must order the commissioner of public 
148.26  safety to suspend an obligor's driver's license if the court 
148.27  finds that a factor in subdivision 1 exists. 
148.28     (b) The motion must be properly served and there must be an 
148.29  opportunity for a hearing pursuant to court rules.  If a hearing 
148.30  is requested, the obligor must be served written notice of the 
148.31  time and date of the hearing at least 14 days prior to the 
148.32  hearing.  The notice must specify the allegations against the 
148.33  obligor.  The notice may be served personally or by mail. 
148.34     (c) The court's order must be stayed for 90 days in order 
148.35  to allow the obligor to enter into a payment agreement.  If the 
148.36  obligor has not entered into or is not in compliance with a 
149.1   payment agreement after the 90 days expire, the court's order 
149.2   becomes effective and the commissioner of public safety must 
149.3   suspend the obligor's driver's license. 
149.4      (d) An obligee may not make a motion under this section 
149.5   within 12 months of a denial of a previous motion under this 
149.6   section. 
149.7      (e) At a hearing regarding the obligor's failure to comply 
149.8   with a subpoena, the only issues to be considered are mistake of 
149.9   fact and whether the obligor received the subpoena. 
149.10     Subd. 3.  [SUSPENSION INITIATED BY THE PUBLIC 
149.11  AUTHORITY.] (a) The public authority must direct the 
149.12  commissioner of public safety to suspend an obligor's driver's 
149.13  license if the public authority determines that a factor in 
149.14  subdivision 1 exists. 
149.15     (b) At least 90 days before directing the suspension of a 
149.16  driver's license the public authority must attempt to notify the 
149.17  obligor that it intends to seek suspension and that the obligor 
149.18  must request a hearing within 30 days in order to contest the 
149.19  suspension.  The notice must be in writing and mailed to the 
149.20  obligor at the obligor's last known address. 
149.21     (c) If the obligor makes a written request for a hearing 
149.22  within 30 days, a court hearing must be held.  The public 
149.23  authority must then make a motion to the court and schedule a 
149.24  hearing.  The matter must then proceed under subdivision 2. 
149.25     (d) If the public authority does not receive a request for 
149.26  a hearing within 30 days and the obligor does not enter into a 
149.27  payment agreement within 90 days of the date of the notice, the 
149.28  public authority must direct the commissioner of public safety 
149.29  to suspend the obligor's driver's license. 
149.30     Subd. 4.  [FAILURE TO REMAIN IN COMPLIANCE WITH A PAYMENT 
149.31  AGREEMENT.] The license of an obligor who fails to remain in 
149.32  compliance with a payment agreement may be suspended.  Notice to 
149.33  the obligor of intent to suspend under this subdivision must be 
149.34  served by first class mail at the obligor's last known address 
149.35  and must include a notice of hearing.  The notice must be served 
149.36  upon the obligor not less than ten days before the date of the 
150.1   hearing.  If the obligor appears at the hearing and the judge 
150.2   determines that the obligor has failed to comply with a payment 
150.3   agreement, the judge must notify the department of public safety 
150.4   to suspend the obligor's license.  If the obligor fails to 
150.5   appear at the hearing, the public authority may notify the 
150.6   department of public safety to suspend the obligor's license. 
150.7      Subd. 5.  [REINSTATEMENT.] An obligor whose driver's 
150.8   license or operating privileges are suspended may provide proof 
150.9   to the public authority that the obligor is in compliance with 
150.10  all payment agreements.  Within 15 days of the receipt of that 
150.11  proof, the public authority must inform the commissioner of 
150.12  public safety that the obligor's driver's license or operating 
150.13  privileges should no longer be suspended. 
150.14     Subd. 6.  [REPORT TO THE LEGISLATURE.] On January 15, 2003, 
150.15  and every two years after that, the commissioner of human 
150.16  services must submit a report to the legislature that identifies 
150.17  the following information relevant to the implementation of this 
150.18  section: 
150.19     (1) the number of child support obligors notified of an 
150.20  intent to suspend a driver's license; 
150.21     (2) the amount collected in payments from the child support 
150.22  obligors notified of an intent to suspend a driver's license; 
150.23     (3) the number of cases paid in full and payment agreements 
150.24  executed in response to notification of an intent to suspend a 
150.25  driver's license; 
150.26     (4) the number of cases in which there has been 
150.27  notification and no payments or payment agreements; 
150.28     (5) the number of driver's licenses suspended; and 
150.29     (6) the cost of implementation and operation of the 
150.30  requirements of this section. 
150.31     Sec. 64.  [517C.76] [OCCUPATIONAL LICENSE SUSPENSION.] 
150.32     Subdivision 1.  [FACTORS WARRANTING SUSPENSION.] An 
150.33  obligor's occupational license must be suspended if: 
150.34     (1) the obligor has child support arrears amounting to at 
150.35  least three times the obligor's total monthly support obligation 
150.36  and the obligor is not in compliance with a payment agreement; 
151.1   or 
151.2      (2) the obligor has failed, after receiving notice, to 
151.3   comply with a subpoena relating to a paternity or child support 
151.4   proceeding. 
151.5      Subd. 2.  [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 
151.6   of a party, the court must order a licensing board or agency to 
151.7   suspend an obligor's license under section 214.101 if the court 
151.8   finds that a factor in subdivision 1 exists. 
151.9      (b) The motion must be properly served and there must be an 
151.10  opportunity for a hearing pursuant to court rules.  If a hearing 
151.11  is requested, the obligor must be served written notice of the 
151.12  time and date of the hearing at least 14 days prior to the 
151.13  hearing.  The notice must specify the allegations against the 
151.14  obligor.  The notice may be served personally or by mail. 
151.15     (c) The court's order must be stayed for 90 days in order 
151.16  to allow the obligor to enter into a payment agreement.  If the 
151.17  obligor has not entered into or is not in compliance with a 
151.18  payment agreement after the 90 days expire, the court's order 
151.19  becomes effective. 
151.20     (d) At a hearing regarding the obligor's failure to comply 
151.21  with a subpoena, the only issues to be considered are mistake of 
151.22  fact and whether the obligor received the subpoena. 
151.23     (e) If the obligor is a licensed attorney, the court must 
151.24  report the matter to the lawyer's professional responsibility 
151.25  board for appropriate action in accordance with the Rules of 
151.26  Professional Conduct. 
151.27     Subd. 3.  [SUSPENSION INITIATED BY THE PUBLIC 
151.28  AUTHORITY.] (a) The public authority must direct a licensing 
151.29  board or agency to suspend an obligor's license under section 
151.30  214.101 if the public authority determines that the factors in 
151.31  subdivision 1 exist. 
151.32     (b) At least 90 days before directing the suspension of an 
151.33  occupational license, the public authority must attempt to 
151.34  notify the obligor that it intends to seek suspension and that 
151.35  the obligor must request a hearing within 30 days in order to 
151.36  contest the suspension.  The notice must be in writing and 
152.1   mailed to the obligor at the obligor's last known address. 
152.2      (c) If the obligor makes a written request for a hearing 
152.3   within 30 days a court hearing must be held.  The public 
152.4   authority must then make a motion to the court and schedule a 
152.5   hearing.  The matter must then proceed under subdivision 2. 
152.6      (d) If the public authority does not receive a request for 
152.7   a hearing within 30 days and the obligor does not execute a 
152.8   payment agreement within 90 days of the date of the notice, the 
152.9   public authority must direct the licensing board or agency to 
152.10  suspend the obligor's license. 
152.11     (e) If the obligor is a licensed attorney, the public 
152.12  authority may report the matter to the lawyer's professional 
152.13  responsibility board for appropriate action in accordance with 
152.14  the Rules of Professional Conduct. 
152.15     Subd. 4.  [FAILURE TO REMAIN IN COMPLIANCE WITH AN APPROVED 
152.16  PAYMENT AGREEMENT.] The license of an obligor who fails to 
152.17  remain in compliance with a payment agreement may be suspended.  
152.18  Notice to the obligor of an intent to suspend under this 
152.19  subdivision must be served by first class mail at the obligor's 
152.20  last known address and must include a notice of hearing.  The 
152.21  notice must be served upon the obligor not less than ten days 
152.22  before the date of the hearing.  If the obligor appears at the 
152.23  hearing and the judge determines that the obligor has failed to 
152.24  comply with a payment agreement, the judge must notify the 
152.25  licensing board or agency to suspend the obligor's license.  If 
152.26  the obligor fails to appear at the hearing, the public authority 
152.27  may notify the licensing board or agency to suspend the 
152.28  obligor's license. 
152.29     Subd. 5.  [REINSTATEMENT.] An obligor whose occupational 
152.30  license is suspended may provide proof to the public authority 
152.31  that the obligor is in compliance with all payment agreements.  
152.32  Within 15 days of the receipt of that proof, the public 
152.33  authority must inform the licensing board or agency or the 
152.34  lawyer's professional responsibility board that the obligor is 
152.35  no longer ineligible for license issuance, reinstatement, or 
152.36  renewal under this section. 
153.1      Sec. 65.  [517C.77] [DATA ON SUSPENSIONS FOR SUPPORT 
153.2   ARREARS.] 
153.3      Notwithstanding section 13.03, subdivision 4, paragraph 
153.4   (c), data on an occupational license suspension under section 
153.5   517C.76 or a driver's license suspension under section 517C.75, 
153.6   that are transferred by the department of human services to 
153.7   respectively the department of public safety or a state, county, 
153.8   or municipal occupational licensing agency must have the same 
153.9   classification at the department of public safety or other 
153.10  receiving agency under section 13.02, as other license 
153.11  suspension data held by the receiving agency.  The transfer of 
153.12  the data does not affect the classification of the data in the 
153.13  hands of the department of human services. 
153.14     Sec. 66.  [517C.78] [RECREATIONAL LICENSE SUSPENSION.] 
153.15     Subdivision 1.  [MOTION; FACTORS.] (a) A party may make a 
153.16  motion to suspend the recreational license or licenses of an 
153.17  obligor.  The motion must be served on the obligor in person or 
153.18  by first class mail at the obligor's last known address.  There 
153.19  must be an opportunity for a hearing.  The court may direct the 
153.20  commissioner of natural resources to suspend or bar receipt of 
153.21  the obligor's recreational license or licenses if it finds that: 
153.22     (1) the obligor has child support arrears amounting to at 
153.23  least six times the obligor's total monthly support payments and 
153.24  the obligor is not in compliance with a payment agreement; or 
153.25     (2) the obligor has failed, after receiving notice, to 
153.26  comply with a subpoena relating to a paternity or child support 
153.27  proceeding. 
153.28     (b) Prior to utilizing this section, the court must find 
153.29  that other substantial enforcement mechanisms have been 
153.30  attempted but have not resulted in compliance. 
153.31     Subd. 2.  [AFFECTED LICENSES.] For purposes of this 
153.32  section, a recreational license includes all licenses, permits, 
153.33  and stamps issued centrally by the commissioner of natural 
153.34  resources under sections 97B.301, 97B.401, 97B.501, 97B.515, 
153.35  97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305. 
153.36     Subd. 3.  [REINSTATEMENT.] An obligor whose recreational 
154.1   license has been suspended or barred may provide proof to the 
154.2   court that the obligor is in compliance with all payment 
154.3   agreements.  Within 15 days of receipt of that proof, the court 
154.4   must notify the commissioner of natural resources that the 
154.5   obligor's recreational license or licenses must no longer be 
154.6   suspended nor may receipt be barred. 
154.7      Sec. 67.  [517C.79] [MOTOR VEHICLE LIEN.] 
154.8      Subdivision 1.  [FACTORS WARRANTING LIEN.] A lien must be 
154.9   entered on any motor vehicle certificate of title subsequently 
154.10  issued in the name of an obligor if the obligor has child 
154.11  support arrears amounting to at least three times the obligor's 
154.12  total monthly support obligation and the obligor is not in 
154.13  compliance with a payment agreement. 
154.14     Subd. 2.  [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 
154.15  of a party, if the court finds that the factors in subdivision 1 
154.16  exist, the court must order the commissioner of public safety to 
154.17  enter a lien in the name of the obligee or in the name of the 
154.18  state of Minnesota, as appropriate, under section 168A.05, 
154.19  subdivision 8, on any motor vehicle certificate of title 
154.20  subsequently issued in the name of the obligor. 
154.21     (b) The motion must be properly served and there must be an 
154.22  opportunity for a hearing pursuant to court rules.  If a hearing 
154.23  is requested, the obligor must be served written notice of the 
154.24  time and date of the hearing at least 14 days prior to the 
154.25  hearing.  The notice must specify the allegations against the 
154.26  obligor.  The notice may be served personally or by mail. 
154.27     (c) The court's order must be stayed for 90 days in order 
154.28  to allow the obligor to enter into a payment agreement.  If the 
154.29  obligor has not entered into or is not in compliance with a 
154.30  payment agreement after the 90 days expires, the court's order 
154.31  becomes effective and the commissioner of public safety must 
154.32  record the lien on any motor vehicle certificate of title 
154.33  subsequently issued in the name of the obligor. 
154.34     Subd. 3.  [LIEN INITIATED BY THE PUBLIC AUTHORITY.] (a) If 
154.35  the public authority determines that the factors in subdivision 
154.36  1 exist, the public authority must direct the commissioner of 
155.1   public safety to enter a lien in the name of the obligee or in 
155.2   the name of the state of Minnesota, as appropriate, under 
155.3   section 168A.05, subdivision 8, on any motor vehicle certificate 
155.4   of title subsequently issued in the name of the obligor. 
155.5      (b) At least 90 days before directing the entry of a lien 
155.6   under this section the public authority must attempt to notify 
155.7   the obligor that it intends to record a lien and that the 
155.8   obligor must request a hearing within 30 days in order to 
155.9   contest the action.  The notice must be in writing and mailed to 
155.10  the obligor at the obligor's last known address. 
155.11     (c) If the obligor makes a written request for a hearing 
155.12  within 30 days a court hearing must be held.  The public 
155.13  authority must then make a motion to the court and schedule a 
155.14  hearing.  The matter must then proceed under subdivision 2. 
155.15     (d) If the public authority does not receive a request for 
155.16  a hearing within 30 days and the obligor does not enter into a 
155.17  payment agreement within 90 days of the date of the notice, the 
155.18  public authority must direct the commissioner of public safety 
155.19  to record the lien. 
155.20     Subd. 4.  [RELEASE.] An obligor may provide proof to the 
155.21  court or the public authority that the obligor is in compliance 
155.22  with all payment agreements or that the value of the motor 
155.23  vehicle is less than the exemption provided under section 
155.24  550.37.  Within 15 days of the receipt of that proof, the court 
155.25  or public authority must either: 
155.26     (1) execute a release of security interest under section 
155.27  168A.20, subdivision 4, and mail or deliver the release to the 
155.28  owner or other authorized person; or 
155.29     (2) in instances where a lien has not yet been entered, 
155.30  direct the commissioner of public safety not to enter a lien on 
155.31  any motor vehicle certificate of title subsequently issued in 
155.32  the name of the obligor. 
155.33     Subd. 5.  [NONEXEMPT VALUE.] A lien recorded against a 
155.34  motor vehicle certificate of title under this section and 
155.35  section 168A.05, subdivision 8, attaches only to the nonexempt 
155.36  value of the motor vehicle as determined in accordance with 
156.1   section 550.37.  The value of a motor vehicle must be determined 
156.2   in accordance with the retail value described in the National 
156.3   Auto Dealers Association Official Used Car Guide, Midwest 
156.4   Edition, for the current year, or in accordance with the 
156.5   purchase price as defined in section 297B.01, subdivision 8. 
156.6      Sec. 68.  [517C.80] [PUBLICATION OF NAMES OF DELINQUENT 
156.7   CHILD SUPPORT OBLIGORS.] 
156.8      Subdivision 1.  [MAKING NAMES PUBLIC.] At least once each 
156.9   year, the commissioner of human services, in consultation with 
156.10  the attorney general, must publish a list of the names and other 
156.11  identifying information of no more than 25 persons who: 
156.12     (1) are child support obligors; 
156.13     (2) are at least $10,000 in arrears; 
156.14     (3) are not in compliance with a payment agreement 
156.15  regarding both current support and arrears approved by the 
156.16  court, a child support magistrate, or the public authority; 
156.17     (4) cannot currently be located by the public authority for 
156.18  the purposes of enforcing a support order; and 
156.19     (5) have not made a support payment except tax intercept 
156.20  payments, in the preceding 12 months. 
156.21     Subd. 2.  [IDENTIFYING INFORMATION.] Identifying 
156.22  information may include the obligor's name, last known address, 
156.23  amount owed, date of birth, photograph, the number of children 
156.24  for whom support is owed, and any additional information about 
156.25  the obligor that would assist in identifying or locating the 
156.26  obligor.  The commissioner and attorney general may use posters, 
156.27  media presentations, electronic technology, and other means that 
156.28  the commissioner and attorney general determine are appropriate 
156.29  for dissemination of the information, including publication on 
156.30  the Internet.  The commissioner and attorney general may make 
156.31  any or all of the identifying information regarding these 
156.32  persons public.  Information regarding an obligor who meets the 
156.33  criteria in this section will only be made public subsequent to 
156.34  that person's selection by the commissioner and attorney general.
156.35     Subd. 3.  [NOTICE.] (a) Before making public the name of 
156.36  the obligor, the department of human services must send a notice 
157.1   to the obligor's last known address stating the department's 
157.2   intention to make public information on the obligor.  The notice 
157.3   must also provide an opportunity to have the obligor's name 
157.4   removed from the list by paying the arrears or by entering into 
157.5   an agreement to pay the arrears, or by providing information to 
157.6   the public authority that there is good cause not to make the 
157.7   information public.  The notice must include the final date when 
157.8   the payment or agreement can be accepted. 
157.9      (b) The department of human services must obtain the 
157.10  written consent of the obligee to make the name of the obligor 
157.11  public. 
157.12     Subd. 4.  [NAMES PUBLISHED IN ERROR.] If the commissioner 
157.13  makes a name public under subdivision 1 in error, the 
157.14  commissioner must also offer to publish a printed retraction and 
157.15  a public apology acknowledging that the name was made public in 
157.16  error.  If the person whose name was made public in error elects 
157.17  the public retraction and apology, the retraction and apology 
157.18  must appear in the same medium and the same format as the 
157.19  original notice where the name was listed in error.  In addition 
157.20  to the right of a public retraction and apology, a person whose 
157.21  name was made public in error has a civil action for damages 
157.22  caused by the error. 
157.23     Sec. 69.  [517C.81] [COLLECTION; ARREARS.] 
157.24     Subdivision 1.  [COLLECTION OF ARREARS TO CONTINUE AFTER 
157.25  CHILD IS EMANCIPATED.] Remedies available for the collection and 
157.26  enforcement of support in this chapter and chapters 256, 257, 
157.27  and 518C also apply to cases in which a child for whom support 
157.28  is owed is emancipated and the obligor owes past support or has 
157.29  accumulated arrears.  Child support arrears under this section 
157.30  include arrears for child support, medical support, child care, 
157.31  pregnancy and birth expenses, and unreimbursed medical expenses 
157.32  as defined in section 517C.15. 
157.33     Subd. 2.  [RETROACTIVE APPLICATION.] This section applies 
157.34  retroactively to support arrears that accrued on or before the 
157.35  date of enactment and to all arrears accruing after the date of 
157.36  enactment. 
158.1      Subd. 3.  [LIMITATIONS.] Past support or pregnancy and 
158.2   confinement expenses ordered for which the obligor has specific 
158.3   court ordered terms for repayment may not be enforced using 
158.4   drivers' and occupational or professional license suspension, 
158.5   credit bureau reporting, and additional income withholding under 
158.6   section 517C.60, unless the obligor fails to comply with the 
158.7   terms of the court order for repayment. 
158.8      Sec. 70.  [517C.82] [CASE REVIEWER.] 
158.9      The commissioner must make a case reviewer available to 
158.10  obligors and obligees.  The reviewer must be available to answer 
158.11  questions concerning the collection process and to review the 
158.12  collection activity taken.  A reviewer who reasonably believes 
158.13  that a particular action being taken is unreasonable or unfair 
158.14  may make recommendations to the commissioner and the applicable 
158.15  county in regard to the collection action. 
158.16     Sec. 71.  [517C.83] [ATTORNEY FEES; COLLECTION COSTS.] 
158.17     Subdivision 1.  [GENERAL.] (a) A child support obligee is 
158.18  entitled to recover from the obligor reasonable attorney fees 
158.19  and other collection costs incurred to enforce a child support 
158.20  judgment, as provided in this section. 
158.21     (b) In order to recover collection costs under this 
158.22  section, the arrears must be at least $500 and must be at least 
158.23  90 days past due.  In addition, the arrears must be a docketed 
158.24  judgment under sections 548.09 and 548.091. 
158.25     (c) If the obligor pays in full the judgment rendered under 
158.26  section 548.091 within 20 days of receipt of notice of entry of 
158.27  judgment, the obligee is not entitled to recover attorney fees 
158.28  or collection costs under this section. 
158.29     Subd. 2.  [ENFORCEMENT.] Attorney fees and collection costs 
158.30  obtained under this section are considered child support and 
158.31  entitled to the applicable remedies for collection and 
158.32  enforcement of child support. 
158.33     Subd. 3.  [NOTICE TO PUBLIC AUTHORITY.] If the public 
158.34  authority is a party to a case, an obligee must provide written 
158.35  notice to the public authority within five days of: 
158.36     (1) contracting with an attorney or collection entity to 
159.1   enforce a child support judgment; or 
159.2      (2) receipting payments received on a child support 
159.3   judgment. 
159.4      Subd. 4.  [NOTICE TO OBLIGOR; HEARING.] (a) The obligee 
159.5   must serve notice of the obligee's intent to recover attorney 
159.6   fees and collections costs by certified or registered mail on 
159.7   the obligor at the obligor's last known address.  The notice 
159.8   must include an itemization of the attorney fees and collection 
159.9   costs being sought by the obligee.  It must inform the obligor 
159.10  that the fees and costs will become an additional judgment for 
159.11  child support unless, within 20 days of mailing of the notice, 
159.12  the obligor requests a hearing: 
159.13     (1) on the reasonableness of the fees and costs; or 
159.14     (2) to contest the child support judgment on grounds 
159.15  limited to mistake of fact. 
159.16     (b) If the obligor requests a hearing, the only issues to 
159.17  be determined by the court are: 
159.18     (1) whether the attorney fees or collection costs were 
159.19  reasonably incurred by the obligee for the enforcement of a 
159.20  child support judgment against the obligor; or 
159.21     (2) the validity of the child support judgment on grounds 
159.22  limited to mistake of fact. 
159.23     (c) The fees and costs may not exceed 30 percent of the 
159.24  arrears.  The court may modify the amount of attorney fees and 
159.25  costs as appropriate and must enter judgment accordingly. 
159.26     (d) If the obligor fails to request a hearing within 20 
159.27  days of mailing of the notice under paragraph (a), the amount of 
159.28  the attorney fees or collection costs requested by the obligee 
159.29  in the notice automatically becomes an additional judgment for 
159.30  child support. 
159.31     Subd. 5.  [FORMS.] The commissioner of human services must 
159.32  prepare and make available to the court and the parties forms 
159.33  for use in providing for notice and requesting a hearing under 
159.34  this section. 
159.35     Sec. 72.  [517C.99] [REQUIRED NOTICES.] 
159.36     Subdivision 1.  [REQUIREMENT.] Every court order or 
160.1   judgment and decree that provides for child support, spousal 
160.2   maintenance, custody, or parenting time must contain certain 
160.3   notices as set out in subdivision 3.  The information in the 
160.4   notices must be concisely stated in plain language.  The notices 
160.5   must be in clearly legible print, but may not exceed two pages.  
160.6   An order or judgment and decree without the notice remains 
160.7   subject to all statutes.  The court may waive all or part of the 
160.8   notice required under subdivision 3 relating to change of 
160.9   address notification and similar information if it finds it is 
160.10  necessary to protect the welfare of a party or child. 
160.11     Subd. 2.  [COPIES OF LAWS AND FORMS.] The district court 
160.12  administrator must make copies of the sections referred to in 
160.13  subdivision 3 available at no charge and must provide forms to 
160.14  request or contest attorney fees, collection costs, and 
160.15  cost-of-living increases. 
160.16     Subd. 3.  [CONTENTS.] The required notices must be 
160.17  substantially as follows: 
160.18                         IMPORTANT NOTICE
160.19  1.  PAYMENTS TO PUBLIC AUTHORITY 
160.20     According to Minnesota Statutes, section 517C.35, payments 
160.21  ordered for maintenance and support must be paid to the public 
160.22  authority as long as the person entitled to receive the payments 
160.23  is receiving or has applied for public assistance or has applied 
160.24  for support and maintenance collection services.  MAIL PAYMENTS 
160.25  TO: 
160.26  2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
160.27  FELONY 
160.28     A person may be charged with a felony who conceals a minor 
160.29  child or takes, obtains, retains, or fails to return a minor 
160.30  child from or to the child's parent (or person with custodial or 
160.31  visitation rights), according to Minnesota Statutes, section 
160.32  609.26.  A copy of that section is available from any district 
160.33  court clerk. 
160.34  3.  RULES OF SUPPORT, MAINTENANCE, VISITATION 
160.35     (a) Payment of support or spousal maintenance is to be as 
160.36  ordered, and the giving of gifts or making purchases of food, 
161.1   clothing, and the like will not fulfill the obligation. 
161.2      (b) Payment of support must be made as it becomes due, and 
161.3   failure to secure or denial of rights of visitation is NOT an 
161.4   excuse for nonpayment, but the aggrieved party must seek relief 
161.5   through a proper motion filed with the court. 
161.6      (c) Nonpayment of support is not grounds to deny 
161.7   visitation.  The party entitled to receive support may apply for 
161.8   support and collection services, file a contempt motion, or 
161.9   obtain a judgment as provided in Minnesota Statutes, section 
161.10  548.091. 
161.11     (d) The payment of support or spousal maintenance takes 
161.12  priority over payment of debts and other obligations. 
161.13     (e) A party who accepts additional obligations of support 
161.14  does so with the full knowledge of the party's prior obligation 
161.15  under this proceeding. 
161.16     (f) Child support or maintenance is based on annual income, 
161.17  and it is the responsibility of a person with seasonal 
161.18  employment to budget income so that payments are made throughout 
161.19  the year as ordered. 
161.20     (g) If there is a layoff or a pay reduction, support may be 
161.21  reduced as of the time of the layoff or pay reduction if a 
161.22  motion to reduce the support is served and filed with the court 
161.23  at that time, but any such reduction must be ordered by the 
161.24  court.  The court is not permitted to reduce support 
161.25  retroactively, except as provided in Minnesota Statutes, section 
161.26  517C.29. 
161.27     (h) Reasonable visitation guidelines are contained in 
161.28  Appendix B, which is available from the court administrator. 
161.29  4.  PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 
161.30     Unless otherwise provided by the court: 
161.31     (a) Each party has the right of access to and the right to 
161.32  receive copies of school, medical, dental, religious training, 
161.33  and other important records and information about the minor 
161.34  children.  Each party has the right of access to information 
161.35  regarding health or dental insurance available to the minor 
161.36  children.  Presentation of a copy of this order to the custodian 
162.1   of a record or other information about the minor children 
162.2   constitutes sufficient authorization for the release of the 
162.3   record or information to the requesting party. 
162.4      (b) Each party must keep the other informed as to the name 
162.5   and address of the school of attendance of the minor children.  
162.6   Each party has the right to be informed by school officials 
162.7   about the children's welfare, educational progress and status, 
162.8   and to attend school and parent teacher conferences.  The school 
162.9   is not required to hold a separate conference for each party. 
162.10     (c) In case of an accident or serious illness of a minor 
162.11  child, each party must notify the other party of the accident or 
162.12  illness, and the name of the health care provider and the place 
162.13  of treatment. 
162.14     (d) Each party has the right of reasonable access and 
162.15  telephone contact with the minor children. 
162.16  5.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
162.17     Child support and/or spousal maintenance may be withheld 
162.18  from income, with or without notice to the person obligated to 
162.19  pay, when the conditions of Minnesota Statutes, sections 517C.51 
162.20  to 517C.62, have been met.  A copy of those sections is 
162.21  available from any district court clerk. 
162.22  6.  CHANGE OF ADDRESS OR RESIDENCE 
162.23     Unless otherwise ordered, each party must notify the other 
162.24  party, the court, and the public authority, if applicable, of 
162.25  the following information within ten days of any change:  the 
162.26  residential and mailing address, telephone number, driver's 
162.27  license number, social security number, and name, address, and 
162.28  telephone number of the employer. 
162.29  7.  COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 
162.30     Child support and/or spousal maintenance may be adjusted 
162.31  every two years based upon a change in the cost-of-living (using 
162.32  Department of Labor Consumer Price Index .........., unless 
162.33  otherwise specified in this order) when the conditions of 
162.34  Minnesota Statutes, section 517C.31, are met.  Cost-of-living 
162.35  increases are compounded.  A copy of Minnesota Statutes, section 
162.36  517C.31, and forms necessary to request or contest a 
163.1   cost-of-living increase are available from any district court 
163.2   clerk. 
163.3   8.  JUDGMENTS FOR UNPAID SUPPORT 
163.4      If a person fails to make a child support payment, the 
163.5   payment owed becomes a judgment against the person responsible 
163.6   to make the payment by operation of law on or after the date the 
163.7   payment is due, and the person entitled to receive the payment 
163.8   or the public authority may obtain entry and docketing of the 
163.9   judgment WITHOUT NOTICE to the person responsible to make the 
163.10  payment under Minnesota Statutes, section 548.091.  Interest 
163.11  begins to accrue on a payment or installment of child support 
163.12  whenever the unpaid amount due is greater than the current 
163.13  support due, according to Minnesota Statutes, section 548.091, 
163.14  subdivision 1a. 
163.15  9.  JUDGMENTS FOR UNPAID MAINTENANCE 
163.16     A judgment for unpaid spousal maintenance may be entered 
163.17  when the conditions of Minnesota Statutes, section 548.091, are 
163.18  met.  A copy of that section is available from any district 
163.19  court clerk. 
163.20  10.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
163.21  SUPPORT 
163.22     A judgment for attorney fees and other collection costs 
163.23  incurred in enforcing a child support order will be entered 
163.24  against the person responsible to pay support when the 
163.25  conditions of section 517C.07, are met.  A copy of section 
163.26  517C.07 and forms necessary to request or contest these attorney 
163.27  fees and collection costs are available from any district court 
163.28  clerk. 
163.29  11.  VISITATION EXPEDITOR PROCESS 
163.30     On request of either party or on its own motion, the court 
163.31  may appoint a visitation expeditor to resolve visitation 
163.32  disputes under Minnesota Statutes, section 518.1751.  A copy of 
163.33  that section and a description of the expeditor process is 
163.34  available from any district court clerk. 
163.35  12.  VISITATION REMEDIES AND PENALTIES 
163.36     Remedies and penalties for the wrongful denial of 
164.1   visitation rights are available under Minnesota Statutes, 
164.2   section 518.175, subdivision 6.  These include compensatory 
164.3   visitation, civil penalties, bond requirements, contempt, and 
164.4   reversal of custody.  A copy of that subdivision and forms for 
164.5   requesting relief are available from any district court clerk. 
164.6      Sec. 73.  [INSTRUCTION TO REVISOR.] 
164.7      The revisor of statutes must correct internal 
164.8   cross-references to sections that are now in Minnesota Statutes, 
164.9   chapter 517C, throughout Minnesota Statutes and Minnesota Rules. 
164.10     Sec. 74.  [REPEALER.] 
164.11     Minnesota Statutes 2000, sections 518.111; 518.171; 
164.12  518.255; 518.54, subdivisions 2, 4a, 13, and 14; 518.551; 
164.13  518.5513; 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 
164.14  518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617; 
164.15  518.618; 518.6195; and 518.66, are repealed. 
164.16     Sec. 75.  [EFFECTIVE DATE.] 
164.17     This act is effective July 1, 2001.