1st 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 making style and form changes; amending Minnesota 1.6 Statutes 2000, sections 518.002; 518.003, subdivisions 1.7 1 and 3; 518.005; 518.01; 518.02; 518.03; 518.04; 1.8 518.05; 518.055; 518.06; 518.07; 518.09; 518.10; 1.9 518.11; 518.12; 518.13; 518.131; 518.14, subdivision 1.10 1; 518.148; 518.155; 518.156; 518.157, subdivisions 1, 1.11 2, 3, 5, and 6; 518.158, subdivisions 2 and 4; 1.12 518.165; 518.166; 518.167, subdivisions 3, 4, and 5; 1.13 518.168; 518.1705, subdivision 6; 518.175, 1.14 subdivisions 1, 1a, 2, 3, 5, 6, 7, and 8; 518.1751, 1.15 subdivisions 1b, 2, 2a, 2b, 2c, and 3; 518.176; 1.16 518.177; 518.178; 518.179, subdivision 1; 518.18; 1.17 518.24; 518.25; 518.54, subdivisions 1, 5, 6, 7, and 1.18 8; 518.55; 518.552; 518.58; 518.581; 518.582; 518.612; 1.19 518.619; 518.62; 518.64, subdivisions 1 and 2; 1.20 518.641; 518.642; 518.646; and 518.65; proposing 1.21 coding for new law in Minnesota Statutes, chapters 1.22 517A; and 518; proposing coding for new law as 1.23 Minnesota Statutes, chapters 517B; and 517C; repealing 1.24 Minnesota Statutes 2000, sections 518.111; 518.17; 1.25 518.171; 518.185; 518.255; 518.54, subdivisions 2, 4a, 1.26 13, and 14; 518.551; 518.5513; 518.553; 518.57; 1.27 518.575; 518.585; 518.5851; 518.5852; 518.5853; 1.28 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617; 1.29 518.618; 518.6195; 518.64, subdivisions 4, 4a, and 5; 1.30 and 518.66. 1.31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.32 ARTICLE 1 1.33 MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT 1.34 Section 1. [517A.25] [SIX-MONTH REVIEW.] 1.35 (a) A decree of dissolution or legal separation or an order 1.36 that establishes child custody, parenting time, or support 1.37 rights and obligations of parents must contain a review date six 1.38 months after its entry. At the six-month hearing the court must 2.1 review: 2.2 (1) whether child support is current; and 2.3 (2) whether both parties are complying with the parenting 2.4 time provisions of the order. 2.5 (b) At the six-month hearing, the obligor has the burden to 2.6 present evidence to establish that child support payments are 2.7 current. A party may request that the public authority provide 2.8 information to the parties and court regarding child support 2.9 payments. A party must request the information from the public 2.10 authority at least 14 days before the hearing. The commissioner 2.11 of human services must develop a form to be used by the public 2.12 authority to submit child support payment information to the 2.13 parties and court. 2.14 (c) A hearing need not be held under this section if both 2.15 parties file an affidavit with the court administrator before 2.16 the scheduled hearing date indicating that child support is 2.17 current and that the parties are complying with the parenting 2.18 time provisions of the order. 2.19 (d) Contempt of court and all statutory remedies for child 2.20 support and parenting time enforcement may be imposed by the 2.21 court at the six-month hearing for noncompliance by either party. 2.22 (e) At least one month before the six-month hearing, a 2.23 court administrator must send the parties written notice of the 2.24 hearing. The written notice must include a statement that an 2.25 obligor has the burden to present evidence at the hearing to 2.26 establish that child support payments are current. The written 2.27 notice also must include a statement that a hearing will not be 2.28 held if both parties submit an affidavit to the court 2.29 administrator before the hearing date indicating that child 2.30 support is current and that the parties are in compliance with 2.31 parenting time provisions. 2.32 Sec. 2. Minnesota Statutes 2000, section 518.002, is 2.33 amended to read: 2.34 518.002 [USE TERM DISSOLUTIONMEANING OF DIVORCE.] 2.35Wherever the word"Divorce"is, as used in the statutes,it2.36 has the same meaning as "dissolution" or "dissolution of 3.1 marriage." 3.2 Sec. 3. Minnesota Statutes 2000, section 518.003, 3.3 subdivision 1, is amended to read: 3.4 Subdivision 1. [SCOPE.]For the purposes ofThe 3.5 definitions in this section apply to this chapter, the following3.6terms have the meanings provided in this section unless the3.7context clearly requires otherwise. 3.8 Sec. 4. Minnesota Statutes 2000, section 518.005, is 3.9 amended to read: 3.10 518.005 [RULES GOVERNING PROCEEDINGS.] 3.11 Subdivision 1. [APPLICABLE RULES.] Unless otherwise 3.12 specifically provided, the rules of civil procedure for the 3.13 district court apply to all proceedings under this chapter and 3.14 chapters 517B and 517C. 3.15 Subd. 2. [TITLE.] A proceeding for dissolution of 3.16 marriage, legal separation, or annulmentshallmust be entitled 3.17 "In re the Marriage of .......... and .......... ."A custody3.18or support proceeding shall be entitled "In re the (Custody)3.19(Support) of .......... ."3.20 Subd. 3. [NAMES OF PLEADINGS.] The initial pleading in all 3.21 proceedings undersections 518.002 to 518.66 shallthis chapter 3.22 and chapters 517B and 517C must be denominated a petition. A 3.23 responsive pleadingshallmust be denominated an answer. Other 3.24 pleadingsshallmust be denominated as provided in the rules of 3.25 civil procedure. 3.26 Subd. 4. [DECREE; JUDGMENT.] Insections 518.002 to 518.663.27 this chapter and chapters 517B and 517C, "decree" includes 3.28 "judgment." 3.29 Subd. 5. [PROHIBITED DISCLOSURE.] In all proceedings under 3.30 this chapter and chapters 517B and 517C, in which public 3.31 assistance is assigned under section 256.741 or the public 3.32 authority provides services to a party or parties to the 3.33 proceedings, notwithstanding statutory or other authorization 3.34 for the public authority to release private data on the location 3.35 of a party to the action, information on the location of one 3.36 party may not be released by the public authority to the other 4.1 party if: 4.2 (1) the public authority has knowledge that a protective 4.3 order with respect to the other party has been entered; or 4.4 (2) the public authority has reason to believe that the 4.5 release of the information may result in physical or emotional 4.6 harm to the other party. 4.7 Subd. 6. [REQUIRED NOTICE.] Every court order or judgment 4.8 and decree that provides for child support, spousal maintenance, 4.9 custody, or parenting time must contain the notices required by 4.10 section 517C.99. 4.11 Sec. 5. Minnesota Statutes 2000, section 518.01, is 4.12 amended to read: 4.13 518.01 [VOID MARRIAGES.] 4.14All marriages which areA marriage prohibited by section 4.15 517.03shall be absolutelyis void,without any decree of 4.16 dissolution or other legal proceedings; except if a person whose 4.17 husband or wife has been absent for four successive years, 4.18 without being known to the person to be living during that time, 4.19 marries during the lifetime of the absent husband or wife, the 4.20 marriageshall beis void only from the time that its nullity is 4.21 duly adjudged. If the absentee is declared dead in accordance 4.22 with section 576.142, the subsequent marriageshallis notbe4.23 void. 4.24 Sec. 6. Minnesota Statutes 2000, section 518.02, is 4.25 amended to read: 4.26 518.02 [VOIDABLE MARRIAGES.] 4.27 A marriageshallmust be declared a nullityunder the4.28following circumstancesif: 4.29(a)(1) a party lacked capacity to consent to the marriage 4.30 at the time the marriage was solemnized, eitherbecause of: (i) 4.31 mental incapacity or infirmityandif the other party at the 4.32 time the marriage was solemnized did not know of the incapacity; 4.33or because of(ii) the influence of alcohol, drugs, or other 4.34 incapacitating substances; orbecause(iii) consent of either 4.35washaving been obtained by force or fraudand there waswith no 4.36 subsequent voluntary cohabitation of the parties; 5.1(b)(2) a party lacks the physical capacity to consummate 5.2 the marriage by sexual intercourse and the other party at the 5.3 time the marriage was solemnized did not know of the incapacity; 5.4 or 5.5(c)(3) a party was under the age for marriage established 5.6 by section 517.02. 5.7 Sec. 7. Minnesota Statutes 2000, section 518.03, is 5.8 amended to read: 5.9 518.03 [ACTION TO ANNUL; DECREE.] 5.10 An annulmentshallmust be commencedand, the complaint 5.11shall befiled, and proceedings had as in proceedings for 5.12 dissolution. Upon due proof of the nullity of the marriage, 5.13 itshallmust be adjudged null and void. 5.14 The provisions of sections 518.54 to 518.66 relating to 5.15 property rights of the spouses, maintenance, support, and 5.16 custody of children on dissolution of marriage are applicable to 5.17 proceedings for annulment. 5.18 Sec. 8. Minnesota Statutes 2000, section 518.04, is 5.19 amended to read: 5.20 518.04 [INSUFFICIENT GROUNDS FOR ANNULMENT.] 5.21 No marriageshallmay be adjudged a nullity on the ground 5.22 that one of the parties was under the age of legal consent if it 5.23 appears that the parties had voluntarily cohabited together as 5.24 husband and wife after having attainedsuchthat age; nor5.25shall. The marriage ofanyan insane person must not be 5.26 adjudged void after restoration of the insane person to reason, 5.27 if it appears that the parties freely cohabited together as 5.28 husband and wife aftersuchthe restoration to reason. 5.29 Sec. 9. Minnesota Statutes 2000, section 518.05, is 5.30 amended to read: 5.31 518.05 [ANNULMENT; WHEN TO BRING.] 5.32 An annulment may be sought by any of the following persons 5.33 and must be commenced within the times specified, but in no 5.34 event may an annulment be sought after the death of either party 5.35 to the marriage: 5.36(a) For a reason set forth in(1) under section 518.02, 6.1 clause(a)(1), by either party or by the legal representative 6.2 of the party who lacked capacity to consent, no later than 90 6.3 days after the petitioner obtained knowledge of the described 6.4 condition; 6.5(b) For the reason set forth in(2) under section 518.02, 6.6 clause(b)(2), by either party no later than one year after the 6.7 petitioner obtained knowledge of the described condition; 6.8(c) For the reason set forth in(3) under section 518.02, 6.9 clause(c)(3), by the underaged party,or the party's parent or 6.10 guardian,before the time the underaged party reaches the age at 6.11 which the party could have married without satisfying the 6.12 omitted requirement. 6.13 Sec. 10. Minnesota Statutes 2000, section 518.055, is 6.14 amended to read: 6.15 518.055 [PUTATIVE SPOUSE.] 6.16 Any person who has cohabited with another to whom the 6.17 person is not legally married in the good faith belief that the 6.18 person was married to the other is a putative spouse until 6.19 knowledge of the fact that the person is not legally married 6.20 terminates the status and prevents acquisition of further 6.21 rights. A putative spouse acquires the rights conferred upon a 6.22 legal spouse, including the right to maintenance following 6.23 termination of the status, whether or not the marriage is 6.24 prohibited or declared a nullity. If there is a legal spouse or 6.25 other putative spouses, rights acquired by a putative spouse do 6.26 not supersede the rights of the legal spouse or those acquired 6.27 by other putative spouses, but the courtshallmust apportion 6.28 property, maintenance, and support rights among the claimants as 6.29 appropriate in the circumstances and in the interests of justice. 6.30 Sec. 11. Minnesota Statutes 2000, section 518.06, is 6.31 amended to read: 6.32 518.06 [DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS; 6.33 UNCONTESTED LEGAL SEPARATION.] 6.34 Subdivision 1. [MEANING AND EFFECTOF DECREES; GROUNDS.] A 6.35 dissolution of marriage is the termination of the marital 6.36 relationship between a husband and wife. A decree of 7.1 dissolution completely terminates the marital status of both 7.2 parties. A legal separation is a court determination of the 7.3 rights and responsibilities of a husband and wife arising out of 7.4 the marital relationship. A decree of legal separation does not 7.5 terminate the marital status of the parties. 7.6 A dissolution of a marriageshallmust be grantedby a7.7county or district court whenif the court finds that there has 7.8 been an irretrievable breakdown of the marriage relationship. A 7.9decree oflegal separationshallmust be grantedwhenif the 7.10 court finds that one or both parties need a legal separation. 7.11 Defenses to divorce, dissolution and legal separation, 7.12 including, but not limited to, condonation, connivance, 7.13 collusion, recrimination, insanity, and lapse of time, are 7.14 abolished. 7.15 Subd. 3. [UNCONTESTED LEGAL SEPARATION.] If one or both 7.16 parties petition for a decree of legal separation and neither 7.17 party contests the granting of the decree nor petitions for a 7.18 decree of dissolution, the courtshallmust grant a decree of 7.19 legal separation. 7.20 Sec. 12. Minnesota Statutes 2000, section 518.07, is 7.21 amended to read: 7.22 518.07 [RESIDENCE OF PARTIES.] 7.23NoA dissolutionshallmust not be granted unless (1) one 7.24 of the parties has resided in this state,orhasbeen a member 7.25 of the armed services stationed in this state,fornot less than7.26 at least 180 days immediately preceding the commencement of the 7.27 proceeding; or (2) one of the parties has been a domiciliary of 7.28 this state fornot less thanat least 180 days immediately 7.29 preceding commencement of the proceeding. 7.30 Sec. 13. Minnesota Statutes 2000, section 518.09, is 7.31 amended to read: 7.32 518.09 [PROCEEDING; HOW AND WHERE BROUGHT; VENUE.] 7.33 A proceeding for dissolution or legal separation may be 7.34 brought by either or both spouses andshall beis commenced by 7.35 personal service of the summons and petition venued in the 7.36 county where either spouse resides. If neither party resides in 8.1 the state and jurisdiction is based on the domicile of either 8.2spouseparty, the proceeding may be brought in the county where 8.3 either party is domiciled. If neither party resides or is 8.4 domiciled in this state and jurisdiction is premised upon one of 8.5 the parties being a member of the armed services stationed in 8.6 this state for not less than 180 days immediately preceding the 8.7 commencement of the proceeding, the proceeding may be brought in 8.8 the county where the member is stationed. This venueshall be8.9 is subject to the court's powerof the courtto change the place 8.10 of hearing by consent of the parties,or whenif it appears to 8.11 the court that an impartial hearing cannot be had in the county 8.12 where the proceedings are pending, orwhenif the convenience of 8.13 the parties or the ends of justice would be promoted by the 8.14 change. No summonsshall beif required if a joint petition is 8.15 filed. 8.16 Sec. 14. Minnesota Statutes 2000, section 518.10, is 8.17 amended to read: 8.18 518.10 [REQUISITES OF PETITION.] 8.19TheA petition for dissolution of marriage or legal 8.20 separationshallmust state and allege: 8.21(a)(1) the name, address, and, in circumstances in which 8.22 child support or spousal maintenance will be addressed, social 8.23 security number of the petitioner and any prior or other name 8.24 used by the petitioner; 8.25(b)(2) the name and, if known, the address and, in 8.26 circumstances in which child support or spousal maintenance will 8.27 be addressed, social security number of the respondent and any 8.28 prior or other name used by the respondent and known to the 8.29 petitioner; 8.30(c)(3) the place and date of the marriage of the parties; 8.31(d)(4) in the case of a petition for dissolution, that 8.32 either the petitioner or the respondent or both: 8.33(1)(i) has resided in this state for not less than 180 8.34 days immediately preceding the commencement of the proceeding,8.35or; 8.36(2)(ii) has been a member of the armed services and has 9.1 been stationed in this state for not less than 180 days 9.2 immediately preceding the commencement of the proceeding,; or 9.3(3)(iii) has been a domiciliary of this state for not less 9.4 than 180 days immediately preceding the commencement of the 9.5 proceeding; 9.6(e)(5) the name at the time of the petition and any prior 9.7 or other name, social security number, age, and date of birth of 9.8 each living minor or dependent child of the parties born before 9.9 the marriage or born or adopted during the marriage and a 9.10 reference to, and the expected date of birth of, a child of the 9.11 parties conceived during the marriage but not born; 9.12(f)(6) whether or not a separate proceeding for 9.13 dissolution, legal separation, or custody is pending in a court 9.14 in this state or elsewhere; 9.15(g)(7) in the case of a petition for dissolution, that 9.16 there has been an irretrievable breakdown of the marriage 9.17 relationship; 9.18(h)(8) in the case of a petition for legal separation, 9.19 that there is a need for a decree of legal separation; 9.20(i)(9) any temporary or permanent maintenance, child 9.21 support, child custody, disposition of property, attorneys' 9.22 fees, costs and disbursements applied for without setting forth 9.23 the amounts; and 9.24(j)(10) whether an order for protection under chapter 518B 9.25 or a similar law of another state that governs the parties or a 9.26 party and a minor child of the parties is in effect and, if so, 9.27 the district court or similar jurisdiction in which it was 9.28 entered. 9.29 The petitionshallmust be verified by the petitioner or 9.30 petitioners, and its allegations established by competent 9.31 evidence. 9.32 Sec. 15. Minnesota Statutes 2000, section 518.11, is 9.33 amended to read: 9.34 518.11 [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 9.35 (a) Unless a proceeding is brought by both parties, copies 9.36 of the summons and petitionshallmust be served on the 10.1 respondent personally. 10.2 (b)WhenServiceismade out of this state and within the 10.3 United States, itmay be proved by the affidavit of the person 10.4 making thesameservice.WhenServiceismadewithout10.5 outside of the United Statesitmay be proved by the affidavit 10.6 of the person making thesameservice, taken before and 10.7 certified by any United States minister, charge d'affaires, 10.8 commissioner, consul or commercial agent, or other consular or 10.9 diplomatic officer of the United States appointed to reside 10.10 insuchthe country, includingall deputiesa deputy or other 10.11representativesrepresentative ofsuchthe officer authorized to 10.12 performtheirthe officer's duties; or before an officer 10.13 authorized to administer an oath with the certificate of an 10.14 officer of a court of record of the countrywherein suchin 10.15 which the affidavit is taken as to the identity and authority of 10.16 the officer taking thesameaffidavit. 10.17 (c) If personal service cannot be made, the court may order 10.18 service of the summons by alternate means. The application for 10.19 alternate service must include the last known location of the 10.20 respondent; the petitioner's most recent contacts with the 10.21 respondent; the last known location of the respondent's 10.22 employment; the names and locations of the respondent's parents, 10.23 siblings, children, and other close relatives; the names and 10.24 locations of other persons who are likely to know the 10.25 respondent's whereabouts; and a description of efforts to locate 10.26 those persons. 10.27 The courtshallmust consider the length of time the 10.28 respondent's location has been unknown, the likelihood that the 10.29 respondent's location will become known, the nature of the 10.30 relief sought, and the nature of efforts made to locate the 10.31 respondent. The courtshallmust order service by first class 10.32 mail, forwarding address requested, to any addresses where there 10.33 is a reasonable possibility that mail or information will be 10.34 forwarded or communicated to the respondent or, if no address so 10.35 qualifies, then to the respondent's last known address. 10.36 If the petitioner seeks disposition of real estate located 11.1within the state ofin Minnesota, the courtshallmust order 11.2 that the summons, whichshallmust contain the legal description 11.3 of the real estate, be published in the county where the real 11.4 estate is located. The court may also order publication, within 11.5 or without the state, but only if it might reasonably succeed in 11.6 notifying the respondent of the proceeding. Also, the court may 11.7 require the petitioner to make efforts to locate the respondent 11.8 by telephone calls to appropriate persons. Serviceshall beis 11.9 deemed complete 21 days after mailing or 21 days after 11.10 court-ordered publication. 11.11 Sec. 16. Minnesota Statutes 2000, section 518.12, is 11.12 amended to read: 11.13 518.12 [TIME FOR ANSWERING.] 11.14 The respondentshall havehas 30 days in which to answer 11.15 the petition. In case of service by publication, the 30 11.16 daysshalldoes not begin to run until the expiration of the 11.17 period allowed for publication. In the case of a 11.18 counterpetition for dissolution or legal separation to a 11.19 petition for dissolution or legal separation, no answershall be11.20 is required to the counterpetition and the original 11.21 petitionershall beis deemed to have denied each and every 11.22 statement, allegation, and claim in the counterpetition. 11.23 Sec. 17. Minnesota Statutes 2000, section 518.13, is 11.24 amended to read: 11.25 518.13 [FAILURE TO ANSWER; FINDINGS; HEARING.] 11.26 Subdivision 1. [DEFAULT.] If the respondent does not 11.27 appear after service duly made and proved, the court may hear 11.28 and determine the proceeding as a default matter. 11.29 Subd. 2. [DISPUTE OVER IRRETRIEVABLE BREAKDOWN.] If one of 11.30 the parties has denied under oath or affirmation that the 11.31 marriage is irretrievably broken, the courtshallmust consider 11.32 all relevant factors, including the circumstances that gave rise 11.33 to the commencement of the proceeding and the prospect of 11.34 reconciliation, andshallmake a finding whether the marriage is 11.35 irretrievably broken. 11.36 A finding of irretrievable breakdown under this subdivision 12.1 is a determination that there is no reasonable prospect of 12.2 reconciliation. The finding must be supported by evidence that 12.3 (i) the parties have lived separate and apart for a period of 12.4 not less than 180 days immediately preceding the commencement of 12.5 the proceeding, or (ii) there is serious marital discord 12.6 adversely affecting the attitude of one or both of the parties 12.7 toward the marriage. 12.8 Subd. 3. [AGREEMENT OVER IRRETRIEVABLE BREAKDOWN.] If both 12.9 parties by petition or otherwise have stated under oath or 12.10 affirmation that the marriage is irretrievably broken,or one of 12.11 the parties has so stated and the other has not denied it, the 12.12 court, after hearing,shallmust make a finding that the 12.13 marriage is irretrievably broken. 12.14 Subd. 4. [REFEREE; OPEN COURT.] The court or judge, upon 12.15 application, may refer the proceeding to a referee to take and 12.16 report the evidencetherein. Hearings for dissolution of 12.17 marriageshallmust be heard in open court or before a referee 12.18 appointed by the court to receive the testimony of the 12.19 witnesses,or depositions taken as in other equitable actions. 12.20 However, the court may in its discretion close the hearing. 12.21 Subd. 5. [APPROVAL WITHOUT HEARING.] Proposed findings of 12.22 fact, conclusions of law, order for judgment, and judgment and 12.23 decree must be submitted to the court for approval and filing 12.24 without a final hearing in the following situations: 12.25 (1) if there are no minor children of the marriage, and (i) 12.26 the parties have entered into a written stipulation, or (ii) the 12.27 respondent has not appeared after service duly made and proved 12.28 by affidavit and at least 20 days have elapsed since the time 12.29 for answering under section 518.12 expired; or 12.30 (2) if there are minor children of the marriage, the 12.31 parties have signed and acknowledged a stipulation, and all 12.32 parties are represented by counsel. 12.33 Notwithstanding clause (1) or (2), the courtshallmust 12.34 schedule the matter for hearingin any case whereif the 12.35 proposed judgment and decree does not appear to be in the best 12.36 interests of the minor children or is contrary to the interests 13.1 of justice. 13.2 Sec. 18. Minnesota Statutes 2000, section 518.131, is 13.3 amended to read: 13.4 518.131 [TEMPORARY ORDERS AND RESTRAINING ORDERS.] 13.5 Subdivision 1. [PERMISSIBLE ORDERS.] In a proceeding 13.6 brought for custody, dissolution, or legal separation, or for 13.7 disposition of property,or maintenance, or child support13.8 following the dissolution of a marriage, either party may, by 13.9 motion, request from the court and the court may grant a 13.10 temporary order pending the final disposition of the proceeding 13.11 to or for: 13.12(a)(1) temporary custody and parenting time regarding the 13.13 minor children of the parties; 13.14(b)(2) temporary maintenance of either spouse; 13.15(c) temporary child support for the children of the13.16parties;13.17(d)(3) temporary costs and reasonable attorney fees; 13.18(e)(4) award the temporary use and possession, exclusive 13.19 or otherwise, of the family home, furniture, household goods, 13.20 automobiles, and other property of the parties; 13.21(f)(5) restrain one or both parties from transferring, 13.22 encumbering, concealing, or disposing of property except in the 13.23 usual course of business or for the necessities of life, and to 13.24 account to the court for all such transfers, encumbrances, 13.25 dispositions, and expenditures made after the order is served or 13.26 communicated to the party restrained in open court; 13.27(g)(6) restrain one or both parties from harassing, 13.28 vilifying, mistreating, molesting, disturbing the peace, or 13.29 restraining the liberty of the other party or the children of 13.30 the parties; 13.31(h)(7) restrain one or both parties from removing any 13.32 minor child of the parties from the jurisdiction of the court; 13.33(i)(8) exclude a party from the family home of the parties 13.34 or from the home of the other party; and 13.35(j)(9) require one or both of the parties to perform or to 13.36 not performsuchadditional actsasthat will facilitate the 14.1 just and speedy disposition of the proceeding,orwillprotect 14.2 the parties or their children from physical or emotional harm. 14.3 Subd. 2. [IMPERMISSIBLE ORDERS.]NoA temporary order 14.4shallmust not: 14.5(a)(1) deny parenting time to a noncustodial parent unless 14.6 the court finds that parenting time by the noncustodial parent 14.7 is likely to cause physical or emotional harm to the child; 14.8(b)(2) exclude a party from the family home of the parties 14.9 unless the court finds that physical or emotional harm to one of 14.10 the parties or to the children of the parties is likely to 14.11 result,or that the exclusion is reasonable in the 14.12 circumstances; or 14.13(c)(3) vacate or modify an order granted under section 14.14 518B.01, subdivision 6, paragraph (a), clause (1), restraining 14.15 an abusing party from committing acts of domestic abuse, except 14.16 that the court may hear a motion for modification of an order 14.17 for protection concurrently with a proceeding for dissolution of 14.18 marriage upon notice of motion and motion. The notice required 14.19 by court ruleshallmust not be waived. If the proceedings are 14.20 consolidated and the motion to modify is granted, a separate 14.21 order for modification of an order for protectionshallmust be 14.22 issued. 14.23 Subd. 3. [EX PARTE RESTRAINING ORDER; LIMITATIONS.] A 14.24 party may request and the court may make an ex parte restraining 14.25 orderwhich may includethat includes any matter that may be 14.26 included in a temporary order except it may not: 14.27(a) A restraining order may not(1) exclude either party 14.28 from the family home of the parties except upon a finding by the 14.29 court of immediate danger of physical harm to the other party or 14.30 the children of either party;andor 14.31(b) A restraining order may not(2) deny parenting time to 14.32 either party or grant custody of the minor children to either 14.33 party except upon a finding by the court of immediate danger of 14.34 physical harm to the minor children of the parties. 14.35 Subd. 4. [HEARING ON RESTRAINING ORDER; DURATION.] A 14.36 restrainingorders shallorder must be personally served upon 15.1 the party to be restrainedand shall be accompaniedalong with a 15.2 notice of the time and place of hearing for disposition of the 15.3 matters contained in the restraining order at a hearing for a 15.4 temporary order.WhenIf a restraining order has been issued, a 15.5 hearing on the temporary ordershallmust be held at the 15.6 earliest practicable date. The restrained party may upon 15.7 written notice to the other party advance the hearing date to a 15.8 time earlier than that noticed by the other party. The 15.9 restraining ordershall continuecontinues in full force and 15.10 effect only until the hearing time noticed, unless the court, 15.11 for good cause and upon notice, extends the time for hearing. 15.12 Subd. 5. [DURATION OF TEMPORARY ORDER.] A temporary order 15.13shall continuecontinues in full force and effect until the 15.14 earlier of its amendment or vacation, dismissal of the main 15.15 action, or entry of a final decree of dissolution or legal 15.16 separation. 15.17 Subd. 6. [EFFECT OF DISMISSAL OF MAIN ACTION.] If a 15.18 proceeding for dissolution or legal separation is dismissed, a 15.19 temporary custody order is vacated unless one of the parties or 15.20 the child's custodian moves that the proceeding continue as a 15.21 custody proceeding and the court finds, after a hearing, that 15.22 the circumstances of the parties and the best interests of the 15.23 child require that a custody order be issued. 15.24 Subd. 7. [GUIDING FACTORS.] The courtshallmust be guided 15.25 by the factors set forth in sections518.551 (concerning child15.26support),518.552 (concerning maintenance), 518.17 to 518.175 15.27 (concerning custody and parenting time), and 518.14 (concerning 15.28 costs and attorney fees) in making temporary orders and 15.29 restraining orders. 15.30 Subd. 8. [BASIS FOR ORDER.] Temporary ordersshallmust be 15.31 made solely on the basis of affidavits and argument of counsel 15.32 except upon demand by either party in a motion or responsive 15.33 motion made within the time limit for making and filing a 15.34 responsive motion that the matter be heard on oral testimony 15.35 before the court, or if the court in its discretion orders the 15.36 taking of oral testimony. 16.1 Subd. 9. [PREJUDICIAL EFFECT, REVOCATION; MODIFICATION.] A 16.2 temporary order or restraining order: 16.3(a) Shall(1) must not prejudice the rights of the parties 16.4 or the child which are to be adjudicated at subsequent hearings 16.5 in the proceeding; and 16.6(b)(2) may be revoked or modified by the court before the 16.7 final disposition of the proceeding upon the same grounds and 16.8 subject to the same requirements as the initial granting of the 16.9 order. 16.10 Subd. 10. [MISDEMEANOR.] In addition to being punishable 16.11 by contempt, a violation of a provision of a temporary order or 16.12 restraining order granting the relief authorized in subdivision 16.13 1,clauses (f), (g)clause (6), (7), or(h)(8) is a 16.14 misdemeanor. 16.15 Subd. 11. [TEMPORARYSUPPORT ANDMAINTENANCE.] Temporary 16.16support andmaintenance may be ordered during the time a 16.17 parenting plan is being developed under section 518.1705. 16.18 Sec. 19. Minnesota Statutes 2000, section 518.14, 16.19 subdivision 1, is amended to read: 16.20 Subdivision 1. [GENERAL.] (a) Except as provided in 16.21 subdivision 2, in a proceeding under this chapter or chapter 16.22 517B or 517C, the courtshallmust award attorney fees, costs, 16.23 and disbursements in an amount necessary to enable a party to 16.24 carry on or contest the proceeding,providedif it finds that: 16.25 (1)thatthe fees are necessary for the good-faith 16.26 assertion of the party's rights in the proceeding and will not 16.27 contribute unnecessarily to the length and expense of the 16.28 proceeding; 16.29 (2)thatthe party from whom fees, costs, and disbursements 16.30 are sought has the means to pay them; and 16.31 (3)thatthe party to whom fees, costs, and disbursements 16.32 are awarded does not have the means to pay them. 16.33 (b) Nothing in this section precludes the court from 16.34 awarding, in its discretion, additional fees, costs, and 16.35 disbursements against a party who unreasonably contributes to 16.36 the length or expense of the proceeding. Fees, costs, and 17.1 disbursements provided for in this section may be awarded at any 17.2 point in the proceeding, including a modification proceeding 17.3 under sections 518.18 and 518.64. The court may adjudge costs 17.4 and disbursements against either party. The court may authorize 17.5 the collection of money awarded by execution,orout of property 17.6 sequestered, or in any other manner within the power of the 17.7 court. An award of attorney's fees made by the court during the 17.8 pendency of the proceeding or in the final judgment survives the 17.9 proceeding and if not paid by the party directed to paythe same17.10 them may be enforcedas above providedin the manner provided in 17.11 this paragraph or by a separate civil action brought in the 17.12 attorney's own name. If the proceeding is dismissed or 17.13 abandoned prior to determination and award of attorney's fees, 17.14 the court may nevertheless award attorney's fees upon the 17.15 attorney's motion. The awardshall also survivesurvives the 17.16 proceeding and may be enforced in thesamemanneras last above17.17 provided in this paragraph. 17.18 Sec. 20. Minnesota Statutes 2000, section 518.148, is 17.19 amended to read: 17.20 518.148 [CERTIFICATION OF DISSOLUTION.] 17.21 Subdivision 1. [CERTIFICATE OF DISSOLUTION.] An attorney 17.22 or pro se party may prepare and submit to the court a separate 17.23 certificate of dissolution to be attached to the judgment and 17.24 decree at the time of granting the dissolution of marriage. 17.25 Upon approval by the court and filing of the certificate of 17.26 dissolution with the court administrator, the court 17.27 administratorshallmust provide to any party upon request 17.28 certified copies of the certificate of dissolution. 17.29 Subd. 2. [REQUIRED INFORMATION.] The certificateshall17.30 must include the following information: 17.31 (1) the full caption and file number of the case and the 17.32 title "Certificate of Dissolution"; 17.33 (2) the names and any prior or other names of the parties 17.34 to the dissolution; 17.35 (3) the names of any living minor or dependent children as 17.36 identified in the judgment and decree; 18.1 (4) that the marriage of the parties is dissolved; 18.2 (5) the date of the judgment and decree; and 18.3 (6) the social security number of the parties to the 18.4 dissolution and the social security number of any living minor 18.5 or dependent children identified in the judgment and decree. 18.6 Subd. 3. [CERTIFICATION.] The certificate of 18.7 dissolutionshall beis conclusive evidence of the facts recited 18.8 in the certificate. 18.9 Sec. 21. Minnesota Statutes 2000, section 518.24, is 18.10 amended to read: 18.11 518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 18.12In all cases whenIf maintenanceor supportpayments are 18.13 ordered, the court may require sufficient security to be given 18.14 for the payment of them according to the terms of the order. 18.15 Upon neglect or refusal to give security,oruponfailure to pay 18.16 the maintenanceor support, the court may sequester the 18.17 obligor's personal estate and the rents and profits of real 18.18 estate of the obligor,and appoint a receiver of them. The 18.19 court may cause the personal estate and the rents and profits of 18.20 the real estate to be applied according to the terms of the 18.21 order. The obligor is presumed to have an income from a source 18.22 sufficient to pay the maintenanceor supportorder. Achild18.23support ormaintenance order constitutes prima facie evidence 18.24 that the obligor has the ability to pay the award. If the 18.25 obligor disobeys the order, it is prima facie evidence of 18.26 contempt. The court may cite the obligor for contempt under 18.27 this section, section 518.617, or chapter 588. 18.28 Sec. 22. Minnesota Statutes 2000, section 518.25, is 18.29 amended to read: 18.30 518.25 [REMARRIAGE; REVOCATION.] 18.31When a dissolution has been granted, and the parties18.32afterward intermarryIf two people remarry each other after 18.33 dissolution of their prior marriage, the court, upon their joint 18.34 application,anduponsatisfactory proof ofsuchthe marriage, 18.35 may revoke all decrees and orders of dissolution, maintenance, 18.36 and subsistencewhich willthat do not affect the rights of 19.1 third persons. 19.2 Sec. 23. Minnesota Statutes 2000, section 518.54, 19.3 subdivision 1, is amended to read: 19.4 Subdivision 1. [TERMSSCOPE.]For the purposes of sections19.5518.54 to 518.66, the terms definedThe definitions in this 19.6 sectionshall have the meanings respectively ascribed to19.7themapply to sections 517A.30 to 517A.46. 19.8 Sec. 24. Minnesota Statutes 2000, section 518.54, 19.9 subdivision 5, is amended to read: 19.10 Subd. 5. [MARITAL PROPERTY; EXCEPTIONS.] "Marital 19.11 property" meansproperty,real or personal property, including 19.12 vested public or private pension plan benefits or rights, 19.13 acquired by one or both of the parties, or either of them,to a 19.14 dissolution, legal separation, or annulment proceeding at any 19.15 time during the existence of the marriage relation between them, 19.16 or at any time during which the parties were living together as 19.17 husband and wife under a purported marriage relationship which 19.18 is annulled in an annulment proceeding, but prior to the date of 19.19 valuation under section 518.58, subdivision 1. All property 19.20 acquired by either spouse subsequent to the marriage and before 19.21 the valuation date is presumed to be marital property regardless 19.22 of whether title is held individually or by the spouses in a 19.23 form of coownership such as joint tenancy, tenancy in common, 19.24 tenancy by the entirety, or community property. Each 19.25 spouseshall beis deemed to have a common ownership in marital 19.26 property that vests not later than the time of the entry of the 19.27 decree in a proceeding for dissolution or annulment. The extent 19.28 of the vested interestshallmust be determined and made final 19.29 by the court pursuant to section 518.58. If a title interest in 19.30 real property is held individually by only one spouse, the 19.31 interest in the real property of the nontitled spouse is not 19.32 subject to claims of creditors or judgment or tax liens until 19.33 the time of entry of the decree awarding an interest to the 19.34 nontitled spouse. The presumption of marital property is 19.35 overcome by a showing that the property is nonmarital property. 19.36 "Nonmarital property" means property real or personal, 20.1 acquired by either spouse before, during, or after the existence 20.2 of their marriage, which: 20.3(a)(1) is acquired as a gift, bequest, devise, or 20.4 inheritance made by a third party to one but not to the other 20.5 spouse; 20.6(b)(2) is acquired before the marriage; 20.7(c)(3) is acquired in exchange for or is the increase in 20.8 value of property which is described inclauses (a), (b), (d),20.9and (e)clause (1), (2), (4), or (5); 20.10(d)(4) is acquired by a spouse after the valuation date; 20.11 or 20.12(e)(5) is excluded by a valid antenuptial contract. 20.13 Sec. 25. Minnesota Statutes 2000, section 518.54, 20.14 subdivision 6, is amended to read: 20.15 Subd. 6. [INCOME.] "Income" means any form of periodic 20.16 payment to an individual including, but not limited to, wages, 20.17 salaries, payments to an independent contractor, workers' 20.18 compensation, unemployment benefits, and annuity, militaryand20.19 or naval retirement, pensionandor disability payments. 20.20 "Income" does not include benefits received under Title IV-A of 20.21 the Social Security Actandor chapter 256Jare not income under20.22this section. 20.23 Sec. 26. Minnesota Statutes 2000, section 518.54, 20.24 subdivision 7, is amended to read: 20.25 Subd. 7. [OBLIGEE.] "Obligee" means a person to whom 20.26 payments for maintenanceor supportare owed. 20.27 Sec. 27. Minnesota Statutes 2000, section 518.54, 20.28 subdivision 8, is amended to read: 20.29 Subd. 8. [OBLIGOR.] "Obligor" means a person obligated to 20.30 pay maintenanceor support.A person who is designated as the20.31sole physical custodian of a child is presumed not to be an20.32obligor for purposes of calculating current support under20.33section 518.551 unless the court makes specific written findings20.34to overcome this presumption.20.35 Sec. 28. Minnesota Statutes 2000, section 518.55, is 20.36 amended to read: 21.1 518.55 [MAINTENANCE OR SUPPORT MONEY.] 21.2 Subdivision 1. [CONTENTS OF ORDER.] Every award of 21.3 maintenance or support money in a judgment of dissolution or 21.4 legal separationshallmust clearly designate whetherthe21.5sameit is maintenance or support money, or what part of the 21.6 award is maintenance and what part is support money. An award 21.7 of payments from future income or earnings of the custodial 21.8 parent is presumed to be maintenance and an award of payments 21.9 from the future income or earnings of the noncustodial parent is 21.10 presumed to be support money, unless otherwise designated by the 21.11 court. In a judgment of dissolution or legal separation the 21.12 court may determine, as one of the issues of the case, whether 21.13 or not either spouse is entitled to an award of maintenance 21.14 notwithstanding that no award is then made, or it may reserve 21.15 jurisdiction of the issue of maintenance for determination at a 21.16 later date. 21.17 Subd. 3. [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] Every 21.18 obligorshallmust notify the obligee and the public authority 21.19 responsible for collection, if applicable, of a change of 21.20 address or residence within 60 days of the address or residence 21.21 change. Every order forsupport ormaintenance must contain a 21.22 conspicuous notice complying with section 518.68, subdivision 21.23 2. The court may waive or modify the requirements of this 21.24 subdivision by order if necessary to protect the obligor from 21.25 contact by the obligee. 21.26 Subd. 4. [DETERMINATION OF CONTROLLING ORDER.] The public 21.27 authority or a party may request the district court to determine 21.28 a controlling order in situations in which more than one order 21.29 involving the same obligor and child exists. 21.30 Sec. 29. Minnesota Statutes 2000, section 518.552, is 21.31 amended to read: 21.32 518.552 [MAINTENANCE.] 21.33 Subdivision 1. [JURISDICTION; GROUNDS.] In a proceeding 21.34 for dissolution of marriage or legal separation, or in a 21.35 proceeding for maintenance following dissolution of the marriage 21.36 by a court which lacked personal jurisdiction over the absent 22.1 spouse and which has since acquired jurisdiction, the court may 22.2 grant a maintenance order for either spouse if it finds that the 22.3 spouse seeking maintenance: 22.4(a)(1) lacks sufficient property, including marital 22.5 property apportioned to the spouse, to provide for reasonable 22.6 needs of the spouse considering the standard of living 22.7 established during the marriage, especially, but not limited to, 22.8 a period of training or education,; or 22.9(b)(2) is unable to provide adequate self-support, after 22.10 considering the standard of living established during the 22.11 marriage and all relevant circumstances, through appropriate 22.12 employment,or is the custodian of a child whose condition or 22.13 circumstances make it appropriate that the custodian not be 22.14 required to seek employment outside the home. 22.15 Subd. 2. [AMOUNT; DURATION.] The maintenance ordershall22.16 must be in amounts and for periodsof time, either temporary or 22.17 permanent,asthat the court deems just, without regard to 22.18 marital misconduct,and after considering all relevant factors 22.19 including: 22.20(a)(1) the financial resources of the party seeking 22.21 maintenance, including marital property apportioned to the 22.22 party, and the party's ability to meet needs independently, 22.23 including the extent to which a provision for support of a child 22.24 living with the party includes a sum for that party as 22.25 custodian; 22.26(b)(2) the time necessary to acquire sufficient education 22.27 or training to enable the party seeking maintenance to find 22.28 appropriate employment, and the probability, given the party's 22.29 age and skills, of completing education or training and becoming 22.30 fully or partially self-supporting; 22.31(c)(3) the standard of living established during the 22.32 marriage; 22.33(d)(4) the duration of the marriage and, in the case of a 22.34 homemaker, the length of absence from employment and the extent 22.35 to which any education, skills, or experience have become 22.36 outmoded and earning capacity has become permanently diminished; 23.1(e)(5) the loss of earnings, seniority, retirement 23.2 benefits, and other employment opportunities forgone by the 23.3 spouse seekingspousalmaintenance; 23.4(f)(6) the age,and the physical and emotional condition 23.5 of the spouse seeking maintenance; 23.6(g)(7) the ability of the spouse from whom maintenance is 23.7 sought to meet needs while meeting those of the spouse seeking 23.8 maintenance; and 23.9(h)(8) the contribution of each party in the acquisition, 23.10 preservation, depreciation, or appreciation in the amount or 23.11 value of the marital property, as well as the contribution of a 23.12 spouse as a homemaker or in furtherance of the other party's 23.13 employment or business. 23.14 Subd. 3. [PERMANENCY OF AWARD.]Nothing inThis section 23.15shallmust not be construed to favor a temporary award of 23.16 maintenance over a permanent award, whereif the factors under 23.17 subdivision 2 justify a permanent award. 23.18WhereIf there is some uncertainty as to the necessity of a 23.19 permanent award, the courtshallmust order a permanent award 23.20 leaving its order open for later modification. 23.21 Subd. 4. [REOPENING MAINTENANCE AWARDS.] Section 518.145, 23.22 subdivision 2, applies to maintenance awardsof spousal23.23maintenance. 23.24 Subd. 5. [PRIVATE AGREEMENTS.] The parties may expressly 23.25 preclude or limit modification of maintenance through a 23.26 stipulation,if the court makes specific findings that the 23.27 stipulation is fairand, equitable,isand supported by 23.28 consideration described in the findings,and that full 23.29 disclosure of each party's financial circumstances has 23.30 occurred. The stipulation must be made a part of the judgment 23.31 and decree. 23.32 Sec. 30. Minnesota Statutes 2000, section 518.58, is 23.33 amended to read: 23.34 518.58 [DIVISION OF MARITAL PROPERTY.] 23.35 Subdivision 1. [GENERAL.] Upon a dissolution of a 23.36 marriage, an annulment, or in a proceeding for disposition of 24.1 property following a dissolution of marriage by a court which 24.2 lacked personal jurisdiction over the absent spouse or lacked 24.3 jurisdiction to dispose of the property and which has since 24.4 acquired jurisdiction, the courtshallmust make a just and 24.5 equitable division of the marital property of the parties 24.6 without regard to marital misconduct, after making findings 24.7 regarding the division of the property. The courtshallmust 24.8 base its findings on all relevant factors including the length 24.9 of the marriage, any prior marriage of a party, the age, health, 24.10 station, occupation, amount and sources of income, vocational 24.11 skills, employability, estate, liabilities, needs, opportunity 24.12 for future acquisition of capital assets, and income of each 24.13 party. The courtshallmust also consider the contribution of 24.14 each in the acquisition, preservation, depreciation, or 24.15 appreciation in the amount or value of the marital property, as 24.16 well as the contribution of a spouse as a homemaker. Itshall24.17beis conclusively presumed that each spouse made a substantial 24.18 contribution to the acquisition of income and property while 24.19 they were living together as husband and wife. The court may 24.20 also award to either spouse the household goods and furniture of 24.21 the parties, whether or not acquired during the marriage. The 24.22 courtshallmust value marital assets for purposes of division 24.23 between the parties as of the day of the initially scheduled 24.24 prehearing settlement conference, unless a different date is 24.25 agreed upon by the parties,orunlessthe court makes specific 24.26 findings that another date of valuation is fair and equitable. 24.27 If there is a substantial change in value of an asset between 24.28 the date of valuation and the final distribution, the court may 24.29 adjust the valuation of that asset as necessary to effect an 24.30 equitable distribution. 24.31 Subd. 1a. [TRANSFER, ENCUMBRANCE, CONCEALMENT, OR 24.32 DISPOSITION OF MARITAL ASSETS.] In contemplation of commencing 24.33 or during the pendency of a marriage dissolution, separation, or 24.34 annulment proceeding,or in contemplation of commencing a24.35marriage dissolution, separation, or annulment proceeding,each 24.36 party owes a fiduciary duty to the other for any profit or loss 25.1 derived by the party, without the consent of the other, from a 25.2 transaction or from any use by the party of the marital assets. 25.3 If the court finds that a party to a marriage, without consent 25.4 of the other party, has in contemplation of commencing,or 25.5 during the pendency of,the current dissolution, separation, or 25.6 annulment proceeding, transferred, encumbered, concealed, or 25.7 disposed of marital assets except in the usual course of 25.8 business or for the necessities of life, the courtshallmust 25.9 compensate the other party by placing both parties in the same 25.10 position that they would have been in had the transfer, 25.11 encumbrance, concealment, or disposal not occurred. The burden 25.12 of proof under this subdivision is on the party claiming that 25.13 the other party transferred, encumbered, concealed, or disposed 25.14 of marital assets in contemplation of commencing or during the 25.15 pendency of the current dissolution, separation, or annulment 25.16 proceeding,without consent of the claiming party, and that the 25.17 transfer, encumbrance, concealment, or disposal was not in the 25.18 usual course of business or for the necessities of life. In 25.19 compensating a party under this section, the court, in dividing 25.20 the marital property, may impute the entire value of an asset 25.21 and a fair return on the asset to the party who transferred, 25.22 encumbered, concealed, or disposed of it. Use of a power of 25.23 attorney,or the absence of a restraining order against the 25.24 transfer, encumbrance, concealment, or disposal of marital 25.25 property is not available as a defense under this subdivision. 25.26 Subd. 2. [AWARD OF NONMARITAL PROPERTY.] If the court 25.27 finds that either spouse's resources or property, including the 25.28 spouse's portion of the marital property as defined in section 25.29 518.54, subdivision 5, are so inadequate as to work an unfair 25.30 hardship, considering all relevant circumstances, the court may, 25.31 in addition to the marital property, apportion up to one-half of 25.32 the property otherwise excluded under section 518.54, 25.33 subdivision 5, clauses (a) to (d), to prevent the unfair 25.34 hardship. If the court apportions property other than marital 25.35 property, itshallmust make findings in support of the 25.36 apportionment. The findingsshallmust be based on all relevant 26.1 factors including the length of the marriage, any prior marriage 26.2 of a party, the age, health, station, occupation, amount and 26.3 sources of income, vocational skills, employability, estate, 26.4 liabilities, needs, and opportunity for future acquisition of 26.5 capital assets and income of each party. 26.6 Subd. 3. [SALE OR DISTRIBUTION WHILE PROCEEDING PENDING.] 26.7 (a) If the court finds that it is necessary to preserve the 26.8 marital assets of the parties, the court may order the sale of 26.9 the homestead of the parties or the sale of other marital 26.10 assets, as the individual circumstances may require, during the 26.11 pendency of a proceeding for a dissolution of marriage or an 26.12 annulment. If the court orders a sale, it may further provide 26.13 for the disposition of the funds received from the sale during 26.14 the pendency of the proceeding. If liquid or readily liquidated 26.15 marital property other than property representing vested pension 26.16 benefits or rights is available, the court, so far as possible, 26.17shallmust divide the property representing vested pension 26.18 benefits or rights by the disposition of an equivalent amount of 26.19 the liquid or readily liquidated property. 26.20 (b) The court may order a partial distribution of marital 26.21 assets during the pendency of a proceeding for a dissolution of 26.22 marriage or an annulment for good cause shown or upon the 26.23 request of both parties, provided thatas long as the court 26.24shallfullyprotectprotects the interests of the other party. 26.25 Subd. 4. [PENSION PLANS.] (a) The division of marital 26.26 property that represents pension plan benefits or rights in the 26.27 form of future pension plan payments: 26.28 (1) is payable only to the extent of the amount of the 26.29 pension plan benefit payable under the terms of the plan; 26.30 (2) is not payable for a period that exceeds the time that 26.31 pension plan benefits are payable to the pension plan benefit 26.32 recipient; 26.33 (3) is not payable in a lump sum amount from pension plan 26.34 assets attributable in any fashion to a spouse with the status 26.35 of an active member, deferred retiree, or benefit recipient of a 26.36 pension plan; 27.1 (4) if the former spouse to whom the payments are to be 27.2 made dies prior to the end of the specified payment period with 27.3 the right to any remaining payments accruing to an estate or to 27.4 more than one survivor, is payable only to a trustee on behalf 27.5 of the estate or the group of survivors for subsequent 27.6 apportionment by the trustee; and 27.7 (5) in the case of public pension plan benefits or rights, 27.8 may not commence until the public plan member submits a valid 27.9 application for a public pension plan benefit and the benefit 27.10 becomes payable. 27.11 (b)TheAn individual retirement accountplansplan 27.12 established under chapter 354B may provide in its plan document, 27.13 if published and made generally available, for an alternative 27.14 marital property division or distribution of individual 27.15 retirement account plan assets. If an alternative division or 27.16 distribution procedure is provided, it applies in place of 27.17 paragraph (a), clause (5). 27.18 Sec. 31. Minnesota Statutes 2000, section 518.581, is 27.19 amended to read: 27.20 518.581 [SURVIVING SPOUSE BENEFIT.] 27.21 Subdivision 1. [AWARD OF BENEFIT.] If a current or former 27.22 employee's marriage is dissolved, the court may order the 27.23 employee, the employee's pension plan, or both, to pay amounts 27.24 as part of the division of pension rights that the court may 27.25 make under section 518.58, or as an award of maintenance in the 27.26 form of a percentage of periodic or other payments or in the 27.27 form of a fixed dollar amount. The court may, as part of the 27.28 order, award a former spouse all or part of a survivor benefit 27.29 unless the plan does not allow by law the payment of a surviving 27.30 spouse benefit to a former spouse. 27.31 Subd. 2. [PAYMENT OF FUNDS BY RETIREMENT PLAN.] (a) If the 27.32 court has ordered that a spouse has an interest in a pension 27.33 plan, the court may order the pension plan to withhold payment 27.34 of a refund upon termination of employment or lump sum 27.35 distribution to the extent of the spouse's interest in the plan,27.36 or to provide survivor benefits ordered by the court. 28.1 (b) The court may not order the pension plan to: 28.2 (1) pay more than the equivalent of one surviving spouse 28.3 benefit, regardless of the number of spouses or former spouses 28.4 who may be sharing in a portion of the total benefit; 28.5 (2) pay surviving spouse benefits under circumstances where 28.6 the plan member does not have a right to elect surviving spouse 28.7 benefits; 28.8 (3) pay surviving spouse benefits to a former spouse if the 28.9 former spouse would not be eligible for benefits under the terms 28.10 of the plan; or 28.11 (4) order survivor benefits which, when combined with the 28.12 annuity or benefit payable to the pension plan member, exceed 28.13 the actuarial equivalent value of the normal retirement annuity 28.14 form, determined under the plan documents of the pension plan 28.15 then in effect and the actuarial assumptions then in effect for 28.16 calculating optional annuity forms by the pension plan or for 28.17 calculating the funding requirements of the pension plan if no 28.18 optional annuity forms are provided by the pension plan. 28.19 (c) If more than one spouse or former spouse is entitled to 28.20 a surviving spouse benefit, the pension planshallmust pay each 28.21 spouse a portion of the benefit based on the ratio of the number 28.22 of years the spouse was married to the plan member to the total 28.23 number of years the plan member was married to spouses who are 28.24 entitled to the benefit. 28.25 Subd. 3. [NOTICE TO FORMER SPOUSE.] A pension plan 28.26shallmust notify a former spouse of an application by the 28.27 employee for a refund of pension benefits if the former spouse 28.28 has filed with the pension plan: 28.29 (1) a copy of the court order, including a withholding 28.30 order, determining the former spouse's rights; 28.31 (2) the name and last known address of the employee; and 28.32 (3) the name and address of the former spouse. 28.33 A pension planshallmust comply with an order, including a 28.34 withholding order, issued by a court having jurisdiction over 28.35 dissolution of marriage that is served on the pension plan, if 28.36 the order states the name, last known address of the payees, and 29.1 name and address of the former spouse,or if the names and 29.2 addresses are provided to the pension plan with service of the 29.3 order. 29.4 Subd. 4. [DEFINITIONS.]For purposes ofThe definitions in 29.5 this subdivision apply to this section, the following terms have29.6the meanings given in this subdivision. 29.7 (a) "Current or former employee" or "employee" means an 29.8 individual who has an interest in a pension plan. 29.9 (b) "Surviving spouse benefit" means (1) a benefit a 29.10 surviving spouse may be eligible for under the laws and bylaws 29.11 of the pension plan if the employee dies before retirement, or 29.12 (2) a benefit selected for or available to a surviving spouse 29.13 under the laws and bylaws of the pension plan upon the death of 29.14 the employee after retirement. 29.15 Sec. 32. Minnesota Statutes 2000, section 518.582, is 29.16 amended to read: 29.17 518.582 [PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.] 29.18 Subdivision 1. [APPOINTMENT OF ACTUARY.]EachA court of 29.19 this statethat haswith jurisdiction to decide marriage 29.20 dissolution matters may appoint a qualified person experienced 29.21 in the valuation of pension benefits and rights to function as 29.22 an expert witness in valuing pension benefits or rights. 29.23 Subd. 2. [STANDARDS.] A court appointed actuaryshallmust 29.24 determine the present value of pension benefits or rights that 29.25 are marital property of the parties to the action based on the 29.26 applicable plan documents of the pension plan and the applicable 29.27 actuarial assumptions specified for use in calculating optional 29.28 annuity forms by the pension plan or for funding the pension 29.29 plan, if reasonable, or as specified by the court. The court 29.30 appointed actuaryshallmust report to the court and to the 29.31 parties the present value of the pension benefits or rights that 29.32 are marital property. 29.33 Subd. 3. [COMPENSATION.] The court appointed actuary may 29.34 be compensated at a rate established by the court. The 29.35 compensation of the court appointed actuaryshallmust be 29.36 allocated between the parties as the court directs. 30.1 Subd. 4. [STIPULATION.] In lieu of valuing pension 30.2 benefits or rights through use of the court appointed actuary, 30.3 the parties may stipulate the present value of pension benefits 30.4 or rights that are marital property. 30.5 Sec. 33. Minnesota Statutes 2000, section 518.62, is 30.6 amended to read: 30.7 518.62 [TEMPORARY MAINTENANCE.] 30.8 Temporary maintenanceand temporary supportmay be awarded 30.9 as provided in section 518.131. The court may also award to 30.10 either party to the proceeding, having due regard to all the 30.11 circumstances and the party awarded the custody of the children, 30.12 the right to the exclusive use of the household goods and 30.13 furniture of the parties pending the proceeding and the right to 30.14 the use of the homestead of the parties, exclusive or otherwise, 30.15 pending the proceeding. The court may order either party to 30.16 remove from the homestead of the parties upon proper application 30.17 to the court for an order pending the proceeding. 30.18 Sec. 34. Minnesota Statutes 2000, section 518.64, 30.19 subdivision 1, is amended to read: 30.20 Subdivision 1. [AUTHORITY.] After an order for temporary 30.21 or permanent maintenanceor support money, temporary or30.22permanent,or for the appointment of trustees to receive 30.23 property awarded as maintenanceor support money, the court may 30.24 from time to time, on motion of either of the parties, a copy of 30.25 which is served on the public authority responsible forchild30.26 support enforcement if payments are made through it, or on 30.27 motion of the public authority responsible for support 30.28 enforcement, modify the order respecting the amount of 30.29 maintenanceor support money,and theits paymentof it,and30.30also respecting theor appropriation and payment of the 30.31 principal and income of property held in trust, and may make an 30.32 order respecting these matters which it might have made in the 30.33 original proceeding,except as herein otherwise providedsubject 30.34 to subdivisions 2 to 5. A party or the public authority also 30.35 may bring a motion for contempt of court if the obligor is in 30.36 arrears insupport ormaintenance payments. 31.1 Sec. 35. Minnesota Statutes 2000, section 518.64, 31.2 subdivision 2, is amended to read: 31.3 Subd. 2. [MODIFICATION.] (a) The terms of an order 31.4 respecting maintenanceor supportmay be modified upon a showing 31.5 of one or more of the following: (1) substantially increased or 31.6 decreased earnings of a party; (2) substantially increased or 31.7 decreased need of a partyor the child or children that are the31.8subject of these proceedings; (3) receipt of assistance under 31.9 the AFDC program formerly codified under sections 256.72 to 31.10 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 31.11 change in the cost of living for either party as measured by the 31.12 federal bureau of statistics, any of which makes the terms 31.13 unreasonable and unfair; (5) extraordinary medical expenses of 31.14 the child not provided for under section 518.171; or (6) the 31.15 addition of work-related or education-related child care 31.16 expenses of the obligee or a substantial increase or decrease in 31.17 existing work-related or education-related child care expenses. 31.18On a motion to modify support, the needs of any child the31.19obligor has after the entry of the support order that is the31.20subject of a modification motion shall be considered as provided31.21by section 518.551, subdivision 5f.31.22(b) It is presumed that there has been a substantial change31.23in circumstances under paragraph (a) and the terms of a current31.24support order shall be rebuttably presumed to be unreasonable31.25and unfair if:31.26(1) the application of the child support guidelines in31.27section 518.551, subdivision 5, to the current circumstances of31.28the parties results in a calculated court order that is at least31.2920 percent and at least $50 per month higher or lower than the31.30current support order;31.31(2) the medical support provisions of the order established31.32under section 518.171 are not enforceable by the public31.33authority or the custodial parent;31.34(3) health coverage ordered under section 518.171 is not31.35available to the child for whom the order is established by the31.36parent ordered to provide; or32.1(4) the existing support obligation is in the form of a32.2statement of percentage and not a specific dollar amount.32.3(c)(b) On a motion for modification of maintenance, 32.4 including a motion for the extension of the duration of a 32.5 maintenance award, the courtshallmust apply, in addition to 32.6 all other relevant factors, the factors for an award of 32.7 maintenance under section 518.552 that exist at the time of the 32.8 motion.On a motion for modification of support, the court:32.9(1) shall apply section 518.551, subdivision 5, and shall32.10not consider the financial circumstances of each party's spouse,32.11if any; and32.12(2) shall not consider compensation received by a party for32.13employment in excess of a 40-hour work week, provided that the32.14party demonstrates, and the court finds, that:32.15(i) the excess employment began after entry of the existing32.16support order;32.17(ii) the excess employment is voluntary and not a condition32.18of employment;32.19(iii) the excess employment is in the nature of additional,32.20part-time employment, or overtime employment compensable by the32.21hour or fractions of an hour;32.22(iv) the party's compensation structure has not been32.23changed for the purpose of affecting a support or maintenance32.24obligation;32.25(v) in the case of an obligor, current child support32.26payments are at least equal to the guidelines amount based on32.27income not excluded under this clause; and32.28(vi) in the case of an obligor who is in arrears in child32.29support payments to the obligee, any net income from excess32.30employment must be used to pay the arrearages until the32.31arrearages are paid in full.32.32(d)(c) A modification ofsupport ormaintenance, including 32.33 interest that accrued pursuant to section 548.091, may be made 32.34 retroactive only with respect to any period during which the 32.35 petitioning party has pending a motion for modification but only 32.36 from the date of service of notice of the motion on the 33.1 responding party and on the public authority if public 33.2 assistance is being furnished or the county attorney is the 33.3 attorney of record. However, modification may be applied to an 33.4 earlier period if the court makes express findings that: 33.5 (1) the party seeking modification was precluded from 33.6 serving a motion by reason of a significant physical or mental 33.7 disability, a material misrepresentation of another party, or 33.8 fraud upon the court and that the party seeking modification, 33.9 when no longer precluded, promptly served a motion; 33.10 (2) the party seeking modification was a recipient of 33.11 federal Supplemental Security Income (SSI), Title II Older 33.12 Americans, Survivor's Disability Insurance (OASDI), other 33.13 disability benefits, or public assistance based upon need during 33.14 the period for which retroactive modification is sought; or 33.15 (3) the order for which the party seeks amendment was 33.16 entered by default, the party shows good cause for not 33.17 appearing, and the record contains no factual evidence, or 33.18 clearly erroneous evidence regarding the individual obligor's 33.19 ability to pay. 33.20 The court may provide that a reduction in the amount 33.21 allocated for child care expenses based on a substantial 33.22 decrease in the expenses is effective as of the date the 33.23 expenses decreased. 33.24(e)(d) Except for an award of the right of occupancy of 33.25 the homestead, provided inunder section 518.63, all divisions 33.26 of real and personal property provided by section 518.58shall33.27beare final, and may be revoked or modified onlywhereif the 33.28 court finds the existence of conditions that justify reopening a 33.29 judgment under the laws of this state, including motions under 33.30 section 518.145, subdivision 2. The court may impose a lien or 33.31 charge on the divided property at any time while the property, 33.32 or subsequently acquired property, is owned by the parties or 33.33 either of them, for the payment of maintenance or supportmoney,33.34 or may sequester the propertyas is provided byunder section 33.35 518.24. 33.36(f)(e) The court need not hold an evidentiary hearing on a 34.1 motion for modification of maintenance or support. 34.2(g)(f) Section 518.14shall governgoverns the award of 34.3 attorney fees for motions brought under this subdivision. 34.4 Sec. 36. Minnesota Statutes 2000, section 518.641, is 34.5 amended to read: 34.6 518.641 [COST-OF-LIVING ADJUSTMENTS IN MAINTENANCEOR CHILD34.7SUPPORTORDER.] 34.8 Subdivision 1. [REQUIREMENT.] An order for maintenanceor34.9child support shallmust provide for a biennial adjustment in 34.10 the amount to be paid based on a change in the cost of living. 34.11 An order that provides for a cost-of-living adjustmentshall34.12 must specify the cost-of-living index to be applied and the date 34.13 on which the cost-of-living adjustmentshall becomebecomes 34.14 effective. The court may use the consumer price index for all 34.15 urban consumers, Minneapolis-St. Paul (CPI-U), the consumer 34.16 price index for wage earners and clerical, Minneapolis-St. Paul 34.17 (CPI-W), or another cost-of-living index published by the 34.18 department of labor which it specifically finds is more 34.19 appropriate. Cost-of-living increases under this sectionshall34.20 must be compounded. The court may also increase the amount by 34.21 more than the cost-of-living adjustment by agreement of the 34.22 parties or by making further findings. The adjustment becomes 34.23 effective on the first of May of the year in which it is made, 34.24 for cases in which payment is made to the public authority. For 34.25 cases in which payment is not made to the public authority, 34.26 application for an adjustment may be made in any month but no 34.27 application for an adjustment may be made sooner than two years 34.28 after the date of the dissolution decree. A court may waive the 34.29 requirement of the cost-of-living clause if it expressly finds 34.30 that the obligor's occupation or income, or both, does not 34.31 provide for cost-of-living adjustment or that the order for 34.32 maintenanceor child supporthas a provision such as a step 34.33 increase that has the effect of a cost-of-living clause. The 34.34 court may waive a cost-of-living adjustment in a maintenance 34.35 order if the parties so agree in writing.The commissioner of34.36human services may promulgate rules for child support35.1adjustments under this section in accordance with the rulemaking35.2provisions of chapter 14.Notice of this statute must comply 35.3 with section 518.68, subdivision 2. 35.4 Subd. 2. [CONDITIONS.] No adjustment under this section 35.5 may be made unless the order provides for it anduntil35.6 (a) the following conditions are met: 35.7(a)(1) the obligee serves notice of the application for 35.8 adjustment by mail on the obligor at the obligor's last known 35.9 address at least 20 days before the effective date of the 35.10 adjustment; 35.11(b)(2) the notice to the obligor informs the obligor of 35.12 the date on which the adjustment in payments will become 35.13 effective; and 35.14(c)(3) after receipt of notice and before the effective 35.15 day of the adjustment, the obligor fails to request a hearing on 35.16 the issue of whether the adjustment should take effect, and ex 35.17 parte, to stay imposition of the adjustment pending outcome of 35.18 the hearing; or 35.19(d)(b) the public authority sends notice of its 35.20 application for adjustment to the obligor at the obligor's last 35.21 known address at least 20 days before the effective date of the 35.22 adjustment, and the notice informs the obligor of the date on 35.23 which the adjustment will become effective and the procedures 35.24 for contesting the adjustment according to section 484.702. 35.25 Subd. 3. [RESULT OF HEARING.] If, at a hearing pursuant to 35.26 this section, the obligor establishes an insufficient cost of 35.27 living or other increase in income that prevents fulfillment of 35.28 the adjusted maintenanceor child supportobligation, the court 35.29 may direct that all or part of the adjustment not take effect. 35.30 If, at the hearing, the obligor does not establish this 35.31 insufficient increase in income, the adjustmentshallmust take 35.32 effect as of the date it would have become effective had no 35.33 hearing been requested. 35.34 Subd. 4.[FORM.] The department of human services shall35.35prepare and make available to the court and obligors a form to35.36be submitted to the department by the obligor in support of a36.1request for hearing under this section regarding a child support36.2order.36.3Subd. 5.[REQUEST FOR COST-OF-LIVING CLAUSE.] A motion for 36.4 enforcement or modification of an existing maintenanceor child36.5supportordershallmust include a request for a cost-of-living 36.6 clause. The court may deny the request only upon an express 36.7 finding that the obligor's occupation, income, or both, does not 36.8 provide for a cost-of-living adjustment or that the existing 36.9 maintenanceor child supportorder either has a cost-of-living 36.10 clause or sets forth a step increase which has the effect of a 36.11 cost-of-living adjustment. 36.12 Sec. 37. Minnesota Statutes 2000, section 518.642, is 36.13 amended to read: 36.14 518.642 [OVERPAYMENTS.] 36.15 Ifchild support ormaintenance is not assigned under 36.16 section 256.741,and an obligor has overpaid achild support or36.17 maintenance obligation because of a modification or error in the 36.18 amount owed, the public authorityshallmust: 36.19 (1) apply the amount of the overpayment to reduce the 36.20 amount of anychild support ormaintenance-related arrearages or 36.21 debts owed to the obligee; and 36.22 (2) if an overpayment exists after the reduction of any 36.23 arrearage or debt, reduce the amount of thechild36.24supportmaintenance remitted to the obligee by an amount no 36.25 greater than 20 percent of the current monthlysupport or36.26 maintenance obligation and remit this amount to the obligor 36.27 until the overpayment is reduced to zero. 36.28 Sec. 38. [518.643] [MAINTENANCE PAYMENT ENFORCEMENT.] 36.29 The enforcement requirements and procedures in sections 36.30 518.551, subdivisions 1, 12, 13, 13a, and 14, 518.5511, 36.31 518.6111, 518.614, 518.615, 518.616, and 518.617, apply to 36.32 maintenance payments as well as child support obligations. 36.33 Sec. 39. Minnesota Statutes 2000, section 518.646, is 36.34 amended to read: 36.35 518.646 [NOTICE OF ORDER.] 36.36Whenever these laws requireIf a law requires service of a 37.1 court's order on an employer, union, or payor of funds, service 37.2 of a verified notice of order may be made in lieuthereofof the 37.3 order. The verified noticeshallmust contain the title of the 37.4 action, the name of the court, the court file number, the date 37.5 of the court order, andshall recitethe operative provisions of 37.6 the order. 37.7 Sec. 40. Minnesota Statutes 2000, section 518.65, is 37.8 amended to read: 37.9 518.65 [PROPERTY; SALE, PARTITION.] 37.10 In order to effect a division or award of propertyas is37.11provided byunder section 518.58, the court may order property 37.12 sold or partitioned. Personal property may be ordered sold in 37.13 the manner directed by the court,and real estate may be 37.14 partitioned in the manner provided by Minnesota Statutes 1949, 37.15 chapter 558. 37.16 Sec. 41. [INSTRUCTION TO REVISOR.] 37.17 The revisor of statutes must renumber the sections in 37.18 Minnesota Statutes 2000 listed in column A as indicated in 37.19 column B and correct cross-references to those sections 37.20 throughout Minnesota Statutes and Minnesota Rules. 37.21 A B 37.22 518.002 517A.02, subd. 5 37.23 518.003 517A.01 37.24 518.005 517A.02 37.25 518.01 517A.05 37.26 518.02 517A.08 37.27 518.03 517A.09 37.28 518.04 517A.10 37.29 518.05 517A.11 37.30 518.055 517A.12 37.31 518.06 517A.15 37.32 518.07 517A.16 37.33 518.09 517A.17 37.34 518.091 517A.18 37.35 518.10 517A.19 37.36 518.11 517A.20 38.1 518.12 517A.21 38.2 518.13 517A.22 38.3 518.131 517A.03 38.4 518.14 517A.04 38.5 518.145 517A.23 38.6 518.146 517A.24 38.7 518.148 517A.26 38.8 518.191 517A.27 38.9 518.195 517A.28 38.10 518.24 517A.29 38.11 518.25 517A.30 38.12 518.27 517A.31 38.13 518.54, subd. 1 517A.32, subd. 1 38.14 518.54, subd. 2a 517A.32, subd. 2 38.15 518.54, subd. 2b 517A.32, subd. 3 38.16 518.54, subd. 3 517A.32, subd. 4 38.17 518.54, subd. 4 517A.32, subd. 5 38.18 518.54, subd. 5 517A.32, subd. 6 38.19 518.54, subd. 6 517A.32, subd. 7 38.20 518.54, subd. 7 517A.32, subd. 8 38.21 518.54, subd. 8 517A.32, subd. 9 38.22 518.54, subd. 9 517A.32, subd. 10 38.23 518.54, subd. 10 517A.32, subd. 11 38.24 518.54, subd. 11 517A.32, subd. 12 38.25 518.54, subd. 12 517A.32, subd. 13 38.26 518.55 517A.34 38.27 518.552 517A.33 38.28 518.58 517A.35 38.29 518.581 517A.36 38.30 518.582 517A.37 38.31 518.583 517A.38 38.32 518.62 517A.40 38.33 518.63 517A.41 38.34 518.64 517A.42 38.35 518.641, subd. 1 517A.43, subd. 1 38.36 518.641, subd. 2 517A.43, subd. 2 39.1 518.641, subd. 3 517A.43, subd. 3 39.2 518.641, subd. 4 517A.43, subd. 4 39.3 518.642 517A.44 39.4 518.646 517A.06 39.5 518.65 517A.46 39.6 518.68 517A.07 39.7 Sec. 42. [REPEALER.] 39.8 Minnesota Statutes 2000, section 518.64, subdivisions 4, 39.9 4a, and 5, are repealed. 39.10 ARTICLE 2 39.11 CUSTODY, PARENTING TIME, AND VISITATION 39.12 GENERAL 39.13 Section 1. [517B.01] [DEFINITIONS.] 39.14 Subdivision 1. [SCOPE.] The definitions in this section 39.15 apply to this chapter. 39.16 Sec. 2. [517B.03] [TEMPORARY ORDERS RELATING TO CUSTODY 39.17 AND PARENTING TIME.] 39.18 (a) A temporary order for custody or parenting time may be 39.19 sought under section 518.131. 39.20 (b) A party seeking a temporary custody order must submit 39.21 with moving papers an affidavit setting forth facts supporting 39.22 the requested order. The party must give notice and a copy of 39.23 the affidavit to other parties to the proceeding, who may file 39.24 opposing affidavits. 39.25 Sec. 3. [517B.04] [CUSTODY AND PARENTING TIME NOTICES.] 39.26 A court order or judgment and decree concerning custody of 39.27 or parenting time with a minor child must contain the notice set 39.28 out in section 517C.99, subdivision 3. 39.29 Sec. 4. [517B.05] [ATTORNEY FEES, COSTS, AND 39.30 DISBURSEMENTS.] 39.31 Attorney fees, costs, and disbursements must be awarded in 39.32 a proceeding under this chapter as provided by section 518.14. 39.33 Sec. 5. [517B.17] [CUSTODY OF CHILDREN.] 39.34 Subdivision 1. [CUSTODY ORDER.] Upon adjudging the nullity 39.35 of a marriage, in a dissolution or legal separation proceeding, 39.36 or in a child custody proceeding, the court must make a further 40.1 order as it deems just and proper concerning: 40.2 (1) the legal custody of each minor child of the parties, 40.3 which must be sole or joint; and 40.4 (2) their physical custody and residence. 40.5 Subd. 2. [STANDARD; PREFERENCE PROHIBITED.] In determining 40.6 custody, the court must consider the best interests of the child 40.7 and must not prefer one parent over the other solely on the 40.8 basis of the sex of the parent. 40.9 Subd. 3. [THE BEST INTERESTS OF THE CHILD; FACTORS.] "The 40.10 best interests of the child" means all relevant factors to be 40.11 considered and evaluated by the court including: 40.12 (1) the wishes of the child's parent or parents as to 40.13 custody; 40.14 (2) the reasonable preference of the child, if the court 40.15 deems the child to be of sufficient age to express a preference; 40.16 (3) the child's primary caretaker; 40.17 (4) the intimacy of the relationship between each parent 40.18 and the child; 40.19 (5) the interaction and interrelationship of the child with 40.20 a parent or parents, siblings, and any other person who may 40.21 significantly affect the child's best interests; 40.22 (6) the child's adjustment to home, school, and community; 40.23 (7) the length of time the child has lived in a stable, 40.24 satisfactory environment and the desirability of maintaining 40.25 continuity; 40.26 (8) the permanence, as a family unit, of the existing or 40.27 proposed custodial home; 40.28 (9) the mental and physical health of all individuals 40.29 involved; except that a disability, as defined in section 40.30 363.01, of a proposed custodian or the child is not 40.31 determinative of the custody of the child, unless the proposed 40.32 custodial arrangement is not in the best interest of the child; 40.33 (10) the capacity and disposition of the parties to give 40.34 the child love, affection, and guidance, and to continue 40.35 educating and raising the child in the child's culture and 40.36 religion or creed, if any; 41.1 (11) the child's cultural background; 41.2 (12) the effect on the child of the actions of an abuser, 41.3 if related to domestic abuse, as defined in section 518B.01, 41.4 that has occurred between the parents or between a parent and 41.5 another individual, whether or not the individual alleged to 41.6 have committed domestic abuse is or ever was a family or 41.7 household member of the parent; 41.8 (13) except in cases in which a finding of domestic abuse 41.9 as defined in section 518B.01 has been made, the disposition of 41.10 each parent to encourage and permit frequent and continuing 41.11 contact by the other parent with the child; and 41.12 (14) evidence of a violation of section 609.507. 41.13 Subd. 4. [BEST INTERESTS DETERMINATION.] The court must 41.14 make detailed findings on each of the factors in subdivision 3 41.15 and explain how the factors led to its conclusion and to the 41.16 determination of the best interests of the child. In 41.17 determining the best interests of a child, the court may not use 41.18 one factor in subdivision 3 to the exclusion of all others. The 41.19 primary caretaker factor may not be used as a presumption in 41.20 determining the best interests of the child. The court may not 41.21 consider conduct of a proposed custodian that does not affect 41.22 the custodian's relationship to the child. 41.23 Sec. 6. [517B.18] [JOINT CUSTODY.] 41.24 Subdivision 1. [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 41.25 addition to the factors listed in section 517B.17, if either 41.26 joint legal or joint physical custody is sought, the court must 41.27 consider the following relevant factors: 41.28 (1) the ability of parents to cooperate in the rearing of 41.29 their child; 41.30 (2) methods for resolving disputes regarding any major 41.31 decision concerning the life of the child, and the parents' 41.32 willingness to use those methods; 41.33 (3) whether it would be detrimental to the child if one 41.34 parent were to have sole authority over the child's upbringing; 41.35 and 41.36 (4) whether domestic abuse, as defined in section 518B.01, 42.1 has occurred between the parents. 42.2 Subd. 2. [PRESUMPTIONS; FINDINGS.] (a) The court must use 42.3 a rebuttable presumption that upon request of either or both 42.4 parties, joint legal custody is in the best interests of the 42.5 child. However, the court must use a rebuttable presumption 42.6 that joint legal or physical custody is not in the best 42.7 interests of the child if domestic abuse, as defined in section 42.8 518B.01, has occurred between the parents. 42.9 (b) If the court awards joint legal or physical custody 42.10 over the objection of a party, the court must make detailed 42.11 findings on each of the factors in this section and explain how 42.12 the factors led to its determination that joint custody would be 42.13 in the best interests of the child. 42.14 Subd. 3. [JOINT CUSTODY; SUPPORT GUIDELINES.] An award of 42.15 joint legal custody is not a reason for departure from the 42.16 support guidelines in section 518.551, subdivision 5. 42.17 Sec. 7. [517B.19] [CUSTODY; ACCESS RIGHTS OF PARENTS; 42.18 LIMITATIONS.] 42.19 Subdivision 1. [ACCESS; LIMITATIONS.] (a) Whether sole or 42.20 joint legal custody is ordered, the court must grant the 42.21 following rights to each of the parties, unless specific 42.22 findings are made under section 518.68, subdivision 1. Each 42.23 party: 42.24 (1) has the right of access to, and to receive copies of, a 42.25 minor child's school, medical, dental, religious training, and 42.26 other important records and information; 42.27 (2) has the right of access to information regarding health 42.28 or dental insurance available to a minor child; 42.29 (3) must keep the other party informed as to the name and 42.30 address of the school a minor child attends; 42.31 (4) must notify the other party, in the case of an accident 42.32 or serious illness of a minor child, of the accident or illness, 42.33 and the name of the health care provider and the place of 42.34 treatment; and 42.35 (5) has the right to reasonable access and telephone 42.36 contact with a minor child. 43.1 (b) Each party has the right to be informed by school 43.2 officials about a child's welfare, educational progress and 43.3 status, and to attend school and parent-teacher conferences. 43.4 The school is not required to hold a separate conference for 43.5 each party. 43.6 (c) The court may waive any of the rights under this 43.7 subdivision if it finds it is necessary to protect the welfare 43.8 of a party or child. 43.9 Sec. 8. Minnesota Statutes 2000, section 518.003, 43.10 subdivision 3, is amended to read: 43.11 Subd. 3. [CUSTODY.] Unless otherwise agreed by the parties: 43.12 (a) "Legal custody" means the right to determine the 43.13 child's upbringing, including education, health care, and 43.14 religious training. 43.15 (b) "Joint legal custody" means that both parents have 43.16 equal rights and responsibilities, including the right to 43.17 participate in major decisions determining the child's 43.18 upbringing, including education, health care, and religious 43.19 training. 43.20 (c) "Physical custody and residence" means the routine 43.21 daily care and control and the residence of the child. 43.22 (d) "Joint physical custody" means that the routine daily 43.23 care and control and the residence of the child is structured 43.24 between the parties. 43.25 (e)Wherever used in this chapter, the term"Custodial 43.26 parent" or "custodian" means the person who has the physical 43.27 custody of the child at any particular time. 43.28 (f) "Custody determination" means a court decision and 43.29 court orders and instructions providing for the custody of a 43.30 child, including parenting time, but does not include a decision 43.31 relating to child support or any other monetary obligation of 43.32 any person. 43.33 (g) "Custody proceeding" includes proceedings in which a 43.34 custody determination is one of several issues, such as an 43.35 action for dissolution, divorce, or separation, and includes 43.36 proceedings involving children who are in need of protection or 44.1 services, domestic abuse, and paternity. 44.2 Sec. 9. Minnesota Statutes 2000, section 518.155, is 44.3 amended to read: 44.4 518.155 [CUSTODYDETERMINATIONSAND PARENTING TIME 44.5 JURISDICTION.] 44.6 Notwithstanding any law to the contrary, a court in which a 44.7 proceeding for dissolution, legal separation, or child custody 44.8 has been commencedshallmust not issue, revise, modify or amend 44.9 any order, pursuant tosectionssection 518.131, 518.165, 44.10 518.168, 518.17, 518.175 or 518.18,whichthat affects the 44.11 custody of a minor child or the parenting time of a noncustodial 44.12 parent unless the court has jurisdiction over the matter 44.13 pursuant to the provisions of chapter 518D. 44.14 Sec. 10. Minnesota Statutes 2000, section 518.156, is 44.15 amended to read: 44.16 518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.] 44.17 Subdivision 1. [PROCEDURE.] In a court of this statewhich44.18 that has jurisdiction to decide child custody matters, a child 44.19 custody proceeding is commenced: 44.20 (a) by a parent 44.21 (1) by filing a petition for dissolution or legal 44.22 separation; or 44.23 (2)whereif a decree of dissolution or legal separation 44.24 has been entered or where none is sought, orwhenif paternity 44.25 has been recognized under section 257.75, by filing a petition 44.26 or motion seeking custody or parenting time with the child in 44.27 the county where the child is permanently resident or where the 44.28 child is found or where an earlier order for custody of the 44.29 child has been entered; or 44.30 (b) by a person other than a parent,whereif a decree of 44.31 dissolution or legal separation has been entered orwhereif 44.32 none is sought by filing a petition or motion seeking custody or 44.33 visitation of the child in the county where the child is 44.34 permanently resident or where the child is found or where an 44.35 earlier order for custody of the child has been entered. A 44.36 person seeking visitation pursuant to this paragraph must 45.1 qualify under one of the provisions of section 257.022. 45.2 Subd. 2. [REQUIRED NOTICE.] Written notice of a child 45.3 custody or parenting time or visitation proceedingshallmust be 45.4 given to the child's parent, guardian, and custodian, who may 45.5 appear and be heard and may file a responsive pleading. The 45.6 court may, upon a showing of good cause, permit the intervention 45.7 of other interested parties. 45.8 Sec. 11. Minnesota Statutes 2000, section 518.157, 45.9 subdivision 1, is amended to read: 45.10 Subdivision 1. [IMPLEMENTATION; ADMINISTRATION.]By45.11January 1, 1998,The chief judge of each judicial district or a 45.12 designeeshallmust implement one or more parent education 45.13 programs within the judicial district for the purpose of 45.14 educating parents about the impact that divorce, the 45.15 restructuring of families, and judicial proceedings have upon 45.16 children and families; methods for preventing parenting time 45.17 conflicts; and dispute resolution options. The chief judge of 45.18 each judicial district or a designee may require that children 45.19 attend a separate education program designed to deal with the 45.20 impact of divorce upon children as part of the parent education 45.21 program. Each parent education program must enable persons to 45.22 have timely and reasonable access to education sessions. 45.23 Sec. 12. Minnesota Statutes 2000, section 518.157, 45.24 subdivision 2, is amended to read: 45.25 Subd. 2. [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 45.26 court should promulgate minimum standards for the implementation 45.27 and administration of a parent education program. The chief 45.28 judge of each judicial district or a designeeshallmust submit 45.29 a plan to the Minnesota conference of chief judges for their 45.30 approval that is designed to implement and administer a parent 45.31 education program in the judicial district. The plan must be 45.32 consistent with the minimum standards promulgated by the 45.33 Minnesota supreme court. 45.34 Sec. 13. Minnesota Statutes 2000, section 518.157, 45.35 subdivision 3, is amended to read: 45.36 Subd. 3. [ATTENDANCE.] In a proceeding under this chapter 46.1 or sections 257.51 to 257.75 where custody or parenting time is 46.2 contested, the parents of a minor childshallmust attend an 46.3 orientation and education program that meets the minimum 46.4 standards promulgated by the Minnesota supreme court. In all 46.5 other proceedings involving custody, support, or parenting time 46.6 the court may order the parents of a minor child to attend a 46.7 parent education program. The programshallmust provide the 46.8 court with names of persons who fail to attend the parent 46.9 education program as ordered by the court. Persons who are 46.10 separated or contemplating involvement in a dissolution, 46.11 paternity, custody, or parenting time proceeding may attend a 46.12 parent education program without a court order. Participation 46.13 in a parent education program must occur as early as possible. 46.14 Parent education programs must offer an opportunity to 46.15 participate at all phases of a pending or postdecree 46.16 proceeding. Upon request of a party and a showing of good 46.17 cause, the court may excuse the party from attending the 46.18 program. If past or present domestic abuse, as defined in 46.19 chapter 518B, is alleged, the courtshallmust not require the 46.20 parties to attend the same parent education sessions andshall46.21 must enter an order setting forth the manner in which the 46.22 parties may safely participate in the program. 46.23 Sec. 14. Minnesota Statutes 2000, section 518.157, 46.24 subdivision 5, is amended to read: 46.25 Subd. 5. [CONFIDENTIALITY.] Unless all parties agree in 46.26 writing, statements made by a party during participation in a 46.27 parent education program are inadmissible as evidence for any 46.28 purpose, including impeachment. No record may be made regarding 46.29 a party's participation in a parent education program, except a 46.30 record of attendance at and completion of the program as 46.31 required under this section. Instructorsshallmust not 46.32 disclose information regarding an individual participant 46.33 obtained as a result of participation in a parent education 46.34 program. Parent education instructors may not be subpoenaed or 46.35 called as witnesses in court proceedings. 46.36 Sec. 15. Minnesota Statutes 2000, section 518.157, 47.1 subdivision 6, is amended to read: 47.2 Subd. 6. [FEE.] Except as provided in this subdivision, 47.3 each person who attends a parent education programshallmust 47.4 pay a fee to defray the cost of the program. A party who 47.5 qualifies for waiver of filing fees under section 563.01 is 47.6 exempt from paying the parent education program fee and the 47.7 courtshallmust waive the fee or direct its payment under 47.8 section 563.01. Program providers shall implement a sliding fee 47.9 scale. 47.10 Sec. 16. Minnesota Statutes 2000, section 518.158, 47.11 subdivision 2, is amended to read: 47.12 Subd. 2. [EMERGENCY CUSTODY HEARING.] If the parent seeks 47.13 to remove the child from the home of the relative or if the 47.14 relative seeks to remove the child from the home of the parent 47.15 and the applicable factors in subdivision 1 exist, the relative 47.16 may apply for an ex parte temporary order for custody of the 47.17 child. The application must include an affidavit made under 47.18 oath that states with particularity the specific facts and 47.19 circumstances on which the application is based. The court 47.20shallmust grant temporary custody if it finds, based on the 47.21 application, that the applicable factors in subdivision 1 47.22 exist. If it finds that the factors in subdivision 1 do not 47.23 exist, the courtshallmust order that the child be returned to 47.24 or remain with the parent. An ex parte temporary custody order 47.25 under this subdivision is effective for a fixed period not to 47.26 exceed 14 days. A temporary custody hearing under this chapter 47.27 must be set for not later than seven days after issuance of the 47.28 ex parte temporary custody order, except that if the ex parte 47.29 temporary custody order is based on the grounds under 47.30 subdivision 1, paragraph (b), clause (2), the temporary custody 47.31 hearing must be set for not later than 72 hours, excluding 47.32 Saturdays, Sundays, and holidays, after issuance of the order. 47.33 The parent must be promptly served with a copy of the ex parte 47.34 order and the petition and notice of the date for the hearing. 47.35 Sec. 17. Minnesota Statutes 2000, section 518.158, 47.36 subdivision 4, is amended to read: 48.1 Subd. 4. [RETURN TO PARENT.] If the court orders permanent 48.2 custody to a relative under this section, the courtshallmust 48.3 set conditions the parent must meet in order to obtain custody. 48.4 The court may notify the parent that the parent may request 48.5 assistance from the local social service agency in order to meet 48.6 the conditions set by the court. 48.7 Sec. 18. Minnesota Statutes 2000, section 518.165, is 48.8 amended to read: 48.9 518.165 [GUARDIANS FOR MINOR CHILDREN.] 48.10 Subdivision 1. [PERMISSIVE APPOINTMENT OF GUARDIAN AD 48.11 LITEM.] In all proceedings for child custody or for dissolution 48.12 or legal separation where custody or parenting time with a minor 48.13 child is in issue, the court may appoint a guardian ad litem 48.14 from a panel established by the court to represent the interests 48.15 of the child. The guardian ad litemshallmust advise the court 48.16 with respect to custody, support, and parenting time. 48.17 Subd. 2. [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] In 48.18 all proceedings for child custody or for marriage dissolution or 48.19 legal separation in which custody or parenting time with a minor 48.20 child is an issue, if the court has reason to believe that the 48.21 minor child is a victim of domestic child abuse or neglect, as 48.22 those terms are defined in sections 260C.007 and 626.556, 48.23 respectively, the courtshallmust appoint a guardian ad litem. 48.24 The guardian ad litemshallmust represent the interests of the 48.25 child and advise the court with respect to custody, support, and 48.26 parenting time. If the child is represented by a guardian ad 48.27 litem in any other pending proceeding, the court may appoint 48.28 that guardian to represent the child in the custody or parenting 48.29 time proceeding. No guardian ad litem need be appointed if the 48.30 alleged domestic child abuse or neglect is before the court on a 48.31 juvenile dependency and neglect petition. Nothing in this 48.32 subdivision requires the court to appoint a guardian ad litem in 48.33 any proceeding for child custody, marriage dissolution, or legal 48.34 separation in which an allegation of domestic child abuse or 48.35 neglect has not been made. 48.36 Subd. 2a. [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 49.1 guardian ad litemshallmust carry out the following 49.2 responsibilities: 49.3 (1) conduct an independent investigation to determine the 49.4 facts relevant to the situation of the child and the family, 49.5 which must include, unless specifically excluded by the court, 49.6 reviewing relevant documents; meeting with and observing the 49.7 child in the home setting and considering the child's wishes, as 49.8 appropriate; and interviewing parents, caregivers, and others 49.9 with knowledge relevant to the case; 49.10 (2) advocate for the child's best interests by 49.11 participating in appropriate aspects of the case and advocating 49.12 for appropriate community services when necessary; 49.13 (3) maintain the confidentiality of information related to 49.14 a case, with the exception of sharing information as permitted 49.15 by law to promote cooperative solutions that are in the best 49.16 interests of the child; 49.17 (4) monitor the child's best interests throughout the 49.18 judicial proceeding; and 49.19 (5) present written reports on the child's best interests 49.20 that include conclusions and recommendations and the facts upon 49.21 which they are based. 49.22 Subd. 3. [FEES.] (a) A guardian ad litem appointed under 49.23 either subdivision 1 or 2 may be appointed either as a volunteer 49.24 or on a fee basis. If a guardian ad litem is appointed on a fee 49.25 basis, the courtshallmust enter an order for costs, fees, and 49.26 disbursements in favor of the child's guardian ad litem. The 49.27 order may be made against either or both parties, except that 49.28 any part of the costs, fees, or disbursements which the court 49.29 finds the parties are incapable of payingshallmust be borne by 49.30 the state courts. The costs of court-appointed counsel to the 49.31 guardian ad litemshallmust be paid by the county in which the 49.32 proceeding is being held if a party is incapable of paying for 49.33 them. Until the recommendations of the task force created in 49.34 Laws 1999, chapter 216, article 7, section 42, are implemented, 49.35 the costs of court-appointed counsel to a guardian ad litem in 49.36 the eighth judicial districtshallmust be paid by the state 50.1 courts if a party is incapable of paying for them. In no event 50.2 may the court order that costs, fees, or disbursements be paid 50.3 by a party receiving public assistance or legal assistance or by 50.4 a party whose annual income falls below the poverty line as 50.5 established under United States Code, title 42, section 9902(2). 50.6 (b) In each fiscal year, the state treasurershallmust 50.7 deposit guardian ad litem reimbursements in the general fund and 50.8 credit them to a separate account with the trial courts. The 50.9 balance of this account is appropriated to the trial courts and 50.10 does not cancel but is available until expended. Expenditures 50.11 by the state court administrator's office from this account must 50.12 be based on the amount of the guardian ad litem reimbursements 50.13 received by the state from the courts in each judicial district. 50.14 Sec. 19. Minnesota Statutes 2000, section 518.166, is 50.15 amended to read: 50.16 518.166 [INTERVIEWS.] 50.17 The court may interview the child in chambers to ascertain 50.18 the child's reasonable preference as to custodian, if the court 50.19 deems the child to be of sufficient age to express preference. 50.20 The courtshallmust permit counsel to be present at the 50.21 interview andshallmust permit counsel to propound reasonable 50.22 questions to the child either directly or through the court. 50.23 The courtshallmust cause a record of the interview to be made 50.24 and to be made part of the record in the case unless waived by 50.25 the parties. 50.26 In contested custody proceedings, and in other custody 50.27 proceedings if a parent or the child's custodian requests, the 50.28 court may seek the recommendations of professional personnel 50.29 whether or not they are employed on a regular basis by the 50.30 court. The recommendations givenshallmust be in writing and 50.31shallmust be made available by the court to counsel upon 50.32 request. Counsel may call for cross-examination of professional 50.33 personnel consulted by the court. 50.34 Sec. 20. Minnesota Statutes 2000, section 518.167, 50.35 subdivision 3, is amended to read: 50.36 Subd. 3. [AVAILABILITY TO COUNSEL.] The courtshallmust 51.1 mail the investigator's report to counsel and to any party not 51.2 represented by counsel at least ten days before the hearing. 51.3 The investigatorshallmust maintain and, upon request, make 51.4 available to counsel and to a party not represented by counsel 51.5 the investigator's file of underlying data and reports, complete 51.6 texts of diagnostic reports made to the investigator pursuant to 51.7 the provisions of subdivision 2, and the names and addresses of 51.8 all persons whom the investigator has consulted.The51.9investigator and any person the investigator has consulted is51.10subject to other pretrial discovery in accordance with the51.11requirements of the Minnesota Rules of Civil Procedure.51.12Mediation proceedings are not subject to discovery without51.13written consent of both parties. A party to the proceeding may51.14call the investigator and any person whom the investigator has51.15consulted for cross-examination at the hearing. A party may not51.16waive the right of cross-examination before the hearing.51.17 Sec. 21. Minnesota Statutes 2000, section 518.167, 51.18 subdivision 4, is amended to read: 51.19 Subd. 4. [USE ATDISCOVERY; HEARING.] The investigator and 51.20 any person the investigator has consulted is subject to other 51.21 pretrial discovery in accordance with the requirements of the 51.22 Minnesota Rules of Civil Procedure. Mediation proceedings are 51.23 not subject to discovery without written consent of both 51.24 parties. A party to the proceeding may call the investigator 51.25 and any person whom the investigator has consulted for 51.26 cross-examination at the hearing. A party may not waive the 51.27 right of cross-examination before the hearing. The 51.28 investigator's report may be received in evidence at the hearing. 51.29 Sec. 22. Minnesota Statutes 2000, section 518.167, 51.30 subdivision 5, is amended to read: 51.31 Subd. 5. [COSTS.] The courtshallmust order all or part 51.32 of the cost of the investigation and report to be paid by either 51.33 or both parties, based on their ability to pay. Any part of the 51.34 cost that the court finds the parties are incapable of paying 51.35 must be borne by thecounty welfarelocal social services agency 51.36 or department of court services that performs the 52.1 investigation. The court may not order costs under this 52.2 subdivision to be paid by a party receiving public assistance or 52.3 legal assistance from a qualified legal services program or by a 52.4 party whose annual income falls below the poverty line under 52.5 United States Code, title 42, section 9902(2). 52.6 Sec. 23. Minnesota Statutes 2000, section 518.168, is 52.7 amended to read: 52.8 518.168 [HEARINGS.] 52.9 (a) Custody proceedingsshallmust receive priority in 52.10 being set for hearing. 52.11 (b) The court may tax as costs the payment of necessary 52.12 travel and other expenses incurred by a person whose presence at 52.13 the hearing the court deems necessary to determine the best 52.14 interests of the child. 52.15 (c) The court without a juryshallmust determine questions 52.16 of law and fact. If it finds that a public hearing may be 52.17 detrimental to the child's best interests, the court may exclude 52.18 the public from a custody hearing, but may admit any person who 52.19 has a direct interest in the particular case. 52.20 (d) If the court finds it necessary for the protection of 52.21 the child's welfare that the record of an interview, report, 52.22 investigation, or testimony in a custody proceeding not bekept52.23secretdisclosed, the court may make an appropriate order 52.24 sealing the record. 52.25 Sec. 24. Minnesota Statutes 2000, section 518.1705, 52.26 subdivision 6, is amended to read: 52.27 Subd. 6. [RESTRICTIONS ON PREPARATION AND CONTENT OF 52.28 PARENTING PLAN.] (a) Dispute resolution processes other than the 52.29 judicial process may not be required in the preparation of a 52.30 parenting plan if a parent is alleged to have committed domestic 52.31 abuse toward a parent or child who is a party to, or subject of, 52.32 the matter before the court. In these cases, the courtshall52.33 must consider the appointment of a guardian ad litem and a 52.34 parenting plan evaluator. 52.35 (b) The court may not require a parenting plan that 52.36 provides for joint legal custody or use of dispute resolution 53.1 processes, other than the judicial process,if the court finds 53.2 that section 518.179 applies, or the court finds that either 53.3 parent has engaged in the following toward a parent or child who 53.4 is a party to, or subject of, the matter before the court: 53.5 (1) acts of domestic abuse, including physical harm, bodily 53.6 injury, and infliction of fear of physical harm, assault, 53.7 terroristic threats, or criminal sexual conduct; 53.8 (2) physical, sexual, or a pattern of emotional abuse of a 53.9 child; or 53.10 (3) willful abandonment that continues for an extended 53.11 period of time or substantial refusal to perform parenting 53.12 functions. 53.13 Sec. 25. Minnesota Statutes 2000, section 518.175, 53.14 subdivision 1, is amended to read: 53.15 Subdivision 1. [GENERAL.] (a) In all proceedings for 53.16 dissolution or legal separation, subsequent to the commencement 53.17 of the proceeding and continuing thereafter during the minority 53.18 of the child, the courtshallmust, upon the request of either 53.19 parent, grantsuchparenting time on behalf of the child and 53.20 noncustodial parentasthat will enable the child and the 53.21 noncustodial parent to maintain a child to parent relationship 53.22 that will be in the best interests of the child. If the court 53.23 finds, after a hearing, that parenting time is likely to 53.24 endanger the child's physical or emotional health or impair the 53.25 child's emotional development, the courtshallmust restrict 53.26 parenting time with the noncustodial parent as to time, place, 53.27 duration, or supervision and may deny parenting time entirely, 53.28 as the circumstances warrant. The courtshallmust consider the 53.29 age of the child and the child's relationship with the 53.30 noncustodial parentprior tobefore the commencement of the 53.31 proceeding. A parent's failure to pay support because of the 53.32 parent's inability to do soshallis notbesufficient cause for 53.33 denial of parenting time. 53.34 (b) The court may provide that a law enforcement officer or 53.35 other appropriate person will accompany a party seeking to 53.36 enforce or comply with parenting time. 54.1 (c) Upon request of either party, to the extent practicable 54.2 an order for parenting time must include a specific schedule for 54.3 parenting time, including the frequency and duration of 54.4 visitation and visitation during holidays and vacations, unless 54.5 parenting time is restricted, denied, or reserved. 54.6 (d) The court administratorshallmust provide a form for a 54.7 pro se motion regarding parenting time disputes, whichincludes54.8 must include provisions for indicating the relief requested, an 54.9 affidavit in which the party may state the facts of the dispute, 54.10 and a brief description of the parenting time expeditor process 54.11 under section 518.1751. The form may not include a request for 54.12 a change of custody. The courtshallmust provide instructions 54.13 on serving and filing the motion. 54.14 Sec. 26. Minnesota Statutes 2000, section 518.175, 54.15 subdivision 1a, is amended to read: 54.16 Subd. 1a. [DOMESTIC ABUSE; SUPERVISED PARENTING TIME.] (a) 54.17 If a custodial parent requests supervised parenting time under 54.18 subdivision 1 or 5 and an order for protection under chapter 54.19 518B or a similar law of another state is in effect against the 54.20 noncustodial parent to protect the custodial parent or the 54.21 child, the judge or judicial officer must consider the order for 54.22 protection in making a decision regarding parenting time. 54.23 (b) The state court administrator, in consultation with 54.24 representatives of custodial and noncustodial parents and other 54.25 interested persons,shallmust develop standards to be met by 54.26 persons who are responsible for supervising parenting time. 54.27 Either parent may challenge the appropriateness of an individual 54.28 chosen by the court to supervise parenting time. 54.29 Sec. 27. Minnesota Statutes 2000, section 518.175, 54.30 subdivision 2, is amended to read: 54.31 Subd. 2. [RIGHTS OF CHILDREN AND NONCUSTODIAL PARENT.] 54.32 Upon the request of either parent, the court may inform any 54.33 child of the parties, if eight years of age or older, or 54.34 otherwise of an age of suitable comprehension, of the rights of 54.35 the child and the noncustodial parent under the order or decree 54.36 or any substantial amendmentthereofof it. The custodial 55.1 parentshallmust present the child for parenting time with the 55.2 noncustodial parent, atsuchthe timesasthe court directs. 55.3 Sec. 28. Minnesota Statutes 2000, section 518.175, 55.4 subdivision 3, is amended to read: 55.5 Subd. 3. [MOVE TO ANOTHER STATE.] The custodial parent 55.6shallmust not move the residence of the child to another state 55.7 except upon order of the court or with the consent of the 55.8 noncustodial parent,whenif the noncustodial parent has been 55.9 given parenting time by the decree. If the purpose of the move 55.10 is to interfere with parenting time given to the noncustodial 55.11 parent by the decree, the courtshallmust not permit the 55.12 child's residence to be moved to another state. 55.13 Sec. 29. Minnesota Statutes 2000, section 518.175, 55.14 subdivision 5, is amended to read: 55.15 Subd. 5. [MODIFICATION OF PARENTING PLAN OR ORDER FOR 55.16 PARENTING TIME.] If modification would serve the best interests 55.17 of the child, the courtshallmust modify the decision-making 55.18 provisions of a parenting plan or an order granting or denying 55.19 parenting time, if the modification would not change the child's 55.20 primary residence. Except as provided in section 631.52, the 55.21 court may not restrict parenting time unless it finds that: 55.22 (1) parenting time is likely to endanger the child's 55.23 physical or emotional health or impair the child's emotional 55.24 development; or 55.25 (2) the noncustodial parent has chronically and 55.26 unreasonably failed to comply with court-ordered parenting time. 55.27 If the custodial parent makes specific allegations that 55.28 parenting time places the custodial parent or child in danger of 55.29 harm, the courtshallmust hold a hearing at the earliest 55.30 possible time to determine the need to modify the order granting 55.31 parenting time. Consistent with subdivision 1a, the court may 55.32 require a third party, including the local social services 55.33 agency, to supervise the parenting time or may restrict a 55.34 parent's parenting time if necessary to protect the custodial 55.35 parent or child from harm. In addition, if there is an existing 55.36 order for protection governing the parties, the courtshallmust 56.1 consider the use of an independent, neutral exchange location 56.2 for parenting time. 56.3 Sec. 30. Minnesota Statutes 2000, section 518.175, 56.4 subdivision 6, is amended to read: 56.5 Subd. 6. [REMEDIES.] (a) The court may provide for one or 56.6 more of the following remedies for denial of or interference 56.7 with court-ordered parenting time as provided under this 56.8 subdivision. All parenting time orders must include notice of 56.9 the provisions of this subdivision. 56.10 (b) If the court finds that a person has been deprived of 56.11 court-ordered parenting time, the courtshallmust order the 56.12 custodial parent to permit additional parenting time to 56.13 compensate for the parenting time of which the person was 56.14 deprived or the courtshallmust make specific findings as to 56.15 why a request for compensatory parenting time is denied. If 56.16 compensatory parenting time is awarded, additional parenting 56.17 time must be: 56.18 (1) at least of the same type and duration as the deprived 56.19 parenting time and, at the discretion of the court, may be in 56.20 excess of or of a different type than the deprived parenting 56.21 time; 56.22 (2) taken within one year after the deprived parenting 56.23 time; and 56.24 (3) at a time acceptable to the person deprived of 56.25 parenting time. 56.26 (c) If the court finds that a party has wrongfully failed 56.27 to comply with a parenting time order or a binding agreement or 56.28 decision under section 518.1751, the court may: 56.29 (1) impose a civil penalty of up to $500 on the party; 56.30 (2) require the party to post a bond with the court for a 56.31 specified period of time to secure the party's compliance; 56.32 (3) award reasonable attorney's fees and costs; 56.33 (4) require the party who violated the parenting time order 56.34 or binding agreement or decision of the parenting time expeditor 56.35 to reimburse the other party for costs incurred as a result of 56.36 the violation of the order or agreement or decision; or 57.1 (5) award any other remedy that the court finds to be in 57.2 the best interests of the children involved. 57.3 A civil penalty imposed under this paragraph must be 57.4 deposited in the county general fund and must be used to fund 57.5 the costs of a parenting time expeditor program in a county with 57.6 this program. In other counties, the civil penalty must be 57.7 deposited in the state general fund. 57.8 (d) If the court finds that a party has been denied 57.9 parenting time and has incurred expenses in connection with the 57.10 denied parenting time, the court may require the party who 57.11 denied parenting time to post a bond in favor of the other party 57.12 in the amount of prepaid expenses associated with upcoming 57.13 planned parenting time. 57.14 (e) Proof of an unwarranted denial of or interference with 57.15 duly established parenting time may constitute contempt of court 57.16 and may be sufficient cause for reversal of custody. 57.17 Sec. 31. Minnesota Statutes 2000, section 518.175, 57.18 subdivision 7, is amended to read: 57.19 Subd. 7. [GRANDPARENT VISITATION.] In all proceedings for 57.20 dissolution or legal separation, after the commencement of the 57.21 proceeding or at any time after completion of the proceedings, 57.22 and continuing during the child's minorityof the child, the 57.23 court may make an order granting visitation rights to 57.24 grandparentsunderand other individuals as provided by section 57.25 257.022, subdivision 2. 57.26 Sec. 32. Minnesota Statutes 2000, section 518.175, 57.27 subdivision 8, is amended to read: 57.28 Subd. 8. [CARE OF CHILD BY NONCUSTODIAL PARENT.] The court 57.29 may allow additional parenting time to the noncustodial parent 57.30 to provide child care while the custodial parent is working if 57.31 this arrangement is reasonable and in the best interests of the 57.32 child, as defined in section 518.17, subdivision 1. In 57.33 addition, the courtshallmust consider: 57.34 (1) the ability of the parents to cooperate; 57.35 (2) methods for resolving disputes regarding the care of 57.36 the child, and the parents' willingness to use those methods; 58.1 and 58.2 (3) whether domestic abuse, as defined in section 518B.01, 58.3 has occurred between the parties. 58.4 Sec. 33. Minnesota Statutes 2000, section 518.1751, 58.5 subdivision 1b, is amended to read: 58.6 Subd. 1b. [PURPOSE; DEFINITIONS.] (a) The purpose of a 58.7 parenting time expeditor is to resolve parenting time disputes 58.8 by enforcing, interpreting, clarifying, and addressing 58.9 circumstances not specifically addressed by an existing 58.10 parenting time order and, if appropriate, to make a 58.11 determination as to whether the existing parenting time order 58.12 has been violated. A parenting time expeditor may be appointed 58.13 to resolve a one-time parenting time dispute or to provide 58.14 ongoing parenting time dispute resolution services. 58.15 (b) For purposes of this section, "parenting time dispute" 58.16 means a disagreement among parties about parenting time with a 58.17 child, including a dispute about an anticipated denial of future 58.18 scheduled parenting time. "Parenting time dispute" includes a 58.19 claim by a custodial parent that a noncustodial parent is not 58.20 spending time with a child as well as a claim by a noncustodial 58.21 parent that a custodial parent is denying or interfering with 58.22 parenting time. 58.23 (c) A "parenting time expeditor" is a neutral person 58.24 authorized to use a mediation-arbitration process to resolve 58.25 parenting time disputes. A parenting time expeditorshallmust 58.26 attempt to resolve a parenting time dispute by facilitating 58.27 negotiations between the parties to promote settlementand,. If 58.28 it becomes apparent that the dispute cannot be resolved by an 58.29 agreement of the parties, the parenting time expeditorshall58.30 must make a decision resolving the dispute. 58.31 Sec. 34. Minnesota Statutes 2000, section 518.1751, 58.32 subdivision 2, is amended to read: 58.33 Subd. 2. [APPOINTMENT.] (a) The parties may stipulate to 58.34 the appointment of a parenting time expeditor or a team of two 58.35 expeditors without appearing in court by submitting to the court 58.36 a written agreement identifying the names of the individuals to 59.1 be appointed by the court; the nature of the dispute; the 59.2 responsibilities of the parenting time expeditor, including 59.3 whether the expeditor is appointed to resolve a specific issue 59.4 or on an ongoing basis; the term of the appointment; and the 59.5 apportionment of fees and costs. The courtshallmust review 59.6 the agreement of the parties. 59.7 (b) If the parties cannot agree on a parenting time 59.8 expeditor, the courtshallmust provideto the partiesthem with 59.9 a copy of the court administrator's roster of parenting time 59.10 expeditors and require the parties to exchange the names of 59.11 three potential parenting time expeditors by a specific date. 59.12 If after exchanging names the parties are unable to agree upon a 59.13 parenting time expeditor, the courtshallmust select the 59.14parenting timeexpeditor and, in its discretion, may appoint one 59.15 expeditor or a team of twoexpeditors. In the selection process 59.16 the court must give consideration to the financial circumstances 59.17 of the parties and the fees of those being considered 59.18 asparenting timeexpeditors. Preference must be given to 59.19 persons who agree to volunteer their services or who will charge 59.20 a variable fee for services based on the ability of the parties 59.21 to pay for them. 59.22 (c) An order appointing a parenting time expeditor must 59.23 identify the name of the individual to be appointed, the nature 59.24 of the dispute, the responsibilities of the expeditor including 59.25 whether the expeditor is appointed to resolve a specific issue 59.26 or on an ongoing basis, the term of the appointment, the 59.27 apportionment of fees, and notice that if the parties are unable 59.28 to reach an agreement with the expeditor's assistanceof the59.29expeditor, the expeditor is authorized to make a decision 59.30 resolving the dispute which is binding upon the parties unless 59.31 modified or vacated by the court. 59.32 Sec. 35. Minnesota Statutes 2000, section 518.1751, 59.33 subdivision 2a, is amended to read: 59.34 Subd. 2a. [FEES.]Prior toBefore appointing the parenting 59.35 time expeditor, the courtshallmust give the parties notice 59.36 that the expeditor's feesof the expeditorwill be apportioned 60.1 among the parties. In its order appointing the expeditor, the 60.2 courtshallmust apportion the expeditor's feesof the expeditor60.3 among the parties, with each party bearing the portion of fees 60.4 that the court determines is just and equitable under the 60.5 circumstances. If a party files a pro se motion regarding a 60.6 parenting time dispute and there is notaan existing court 60.7 orderthat provides for apportionment ofapportioning the fees 60.8 of an expeditor, the court administrator may require the party 60.9 requestingtheappointment of an expeditor to pay the 60.10 expeditor's feesof the expeditorin advance. Neither party may 60.11 be required to submit a dispute toa visitationan expeditor if 60.12 the party cannot afford to payforthe feesof an expeditorand 60.13 an affordable expeditor is not available, unless the other party 60.14 agrees to pay the fees. After fees are incurred, a party may by 60.15 motion request that the fees be reapportioned on equitable 60.16 grounds. The court may consider the resources of the parties, 60.17 the nature of the dispute, and whether a party acted in bad 60.18 faith. The court may consider information from the expeditor in 60.19 determining bad faith. 60.20 Sec. 36. Minnesota Statutes 2000, section 518.1751, 60.21 subdivision 2b, is amended to read: 60.22 Subd. 2b. [ROSTER OF PARENTING TIME EXPEDITORS.]EachThe 60.23 court administratorshallmust maintain and make available 60.24 to judicial officers and the publicand judicial officersa 60.25 roster of individuals available to serve as parenting time 60.26 expeditors, including. The roster must include each 60.27 individual's name, address, telephone number, and fee charged, 60.28 if any. A court administratorshallmust not place on the 60.29 roster the name of an individual who has not completed the 60.30 training required in subdivision 2c. If the use ofa parenting60.31timean expeditor is initiated by stipulation of the parties, 60.32 the parties may agree upon a person to serve as an expeditor 60.33 even if that person has not completed the training described in 60.34 subdivision 2c. The court may appointa person to serveas an 60.35 expeditoreven if thea person who is not on the court 60.36 administrator's roster, but may not appoint a person who has not 61.1 completed the training described in subdivision 2c, unless so 61.2 stipulated by the parties. To maintain one's listing on a court 61.3 administrator's roster of parenting time expeditors, an 61.4 individualshallmust annually submit to the court administrator 61.5 proof of completion of continuing education requirements. 61.6 Sec. 37. Minnesota Statutes 2000, section 518.1751, 61.7 subdivision 2c, is amended to read: 61.8 Subd. 2c. [TRAINING AND CONTINUING EDUCATION 61.9 REQUIREMENTS.] To qualify for listing on a court administrator's 61.10 roster of parenting time expeditors, an individualshallmust 61.11 complete a minimum of 40 hours of family mediation training that 61.12 has been certified by the Minnesota supreme court, which. The 61.13 training must include certified training in domestic abuse 61.14 issues as required under Rule 114 of the Minnesota General Rules 61.15 of Practice for the District Courts. Tomaintain one's listing61.16 remain listed on a court administrator's roster of parenting 61.17 time expeditors, an individualshallmust annually attend three 61.18 hours of continuing education about alternative dispute 61.19 resolution subjects. 61.20 Sec. 38. Minnesota Statutes 2000, section 518.1751, 61.21 subdivision 3, is amended to read: 61.22 Subd. 3. [AGREEMENT OR DECISION.] (a) Within five days of 61.23 notice of the appointment, or within five days of notice of a 61.24 subsequent parenting time dispute between the same parties, the 61.25 parenting time expeditorshallmust meet with the parties 61.26 together or separately andshallmake a diligent effort to 61.27 facilitate an agreement to resolve the dispute. If a parenting 61.28 time dispute requires immediate resolution, theparenting time61.29 expeditor may confer with the parties through a telephone 61.30 conference or similar means. An expeditor may make a decision 61.31 without conferring with a party if the expeditor made a good 61.32 faith effort to confer with the party, but the party chose not 61.33 to participate in resolution of the dispute. 61.34 (b) If the parties do not reach an agreement, the expeditor 61.35shallmust make a decision resolving the dispute as soon as 61.36 possible, but not later than five days after receiving all 62.1 information necessary to make a decision and after the final 62.2 meeting or conference with the parties. The expeditor is 62.3 authorized to award compensatory parenting time under section 62.4 518.175, subdivision 6, and may recommend to the court that the 62.5 noncomplying party pay attorney's fees, court costs, and other 62.6 costs under section 518.175, subdivision 6, paragraph (d), if 62.7 the parenting time order has been violated. The expeditorshall62.8not loseretains the authority to make a decision if 62.9 circumstances beyond the expeditor's control make it 62.10 impracticable to meet the five-day timelines. 62.11 (c) Unless the parties mutually agree, the parenting time 62.12 expeditorshallmust not make a decision that is inconsistent 62.13 with an existing parenting time order, but may make decisions 62.14 interpreting or clarifying a parenting time order, including the 62.15 development of a specific schedule when the existing court order 62.16 grants "reasonable parenting time." 62.17 (d) The expeditorshallmust put an agreement or decision 62.18 in writing and provide a copy to the parties. The expeditor may 62.19 include or omit reasons for the agreement or decision. An 62.20 agreement of the parties or a decision of the expeditor is 62.21 binding on the parties unless vacated or modified by the court. 62.22 If a party does not comply with an agreement of the parties or a 62.23 decision of the expeditor, any party may bring a motion with the 62.24 court andshallmust attach a copy of the parties' written 62.25 agreement or decision of the expeditor. The court may enforce, 62.26 modify, or vacate the agreement of the parties or the decision 62.27 of the expeditor. 62.28 Sec. 39. Minnesota Statutes 2000, section 518.176, is 62.29 amended to read: 62.30 518.176 [JUDICIAL SUPERVISION.] 62.31Subdivision 1. Except as otherwise agreed by the parties62.32in writing at the time of the custody order,(a) The custodian 62.33 may determine the child's upbringing, including education, 62.34 health care, and religious training, unless: 62.35 (1) otherwise agreed by the parties in writing at the time 62.36 of the custody order; or 63.1 (2) upon motion by the noncustodial parent, the court after 63.2 hearing,finds, upon motion by the noncustodial parent,that in 63.3 the absence of a specific limitation of the custodian's 63.4 authority, the child's physical or emotional health is likely to 63.5 be endangered or the child's emotional development impaired. 63.6Subd. 2.(b) If both parents or all contestants agree to 63.7 the order, or if the court finds that in the absence of the 63.8 order the child's physical or emotional health is likely to be 63.9 endangered or the child's emotional development impaired, the 63.10 court may order the local social services agency or the 63.11 department of court services to exercise continuing supervision 63.12 over the case under guidelines established by the court to 63.13 assure that the custodial or parenting time terms of the decree 63.14 are carried out. 63.15 Sec. 40. Minnesota Statutes 2000, section 518.177, is 63.16 amended to read: 63.17 518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL 63.18 RIGHTS LAW.] 63.19EveryA court order and judgment and decree concerning 63.20 custody of or parenting time or visitation with a minor child 63.21shallmust contain the notice set out in section 518.68, 63.22 subdivision 2. 63.23 Sec. 41. Minnesota Statutes 2000, section 518.178, is 63.24 amended to read: 63.25 518.178 [PARENTING TIME AND SUPPORT REVIEW HEARING.] 63.26 Upon motion of either party, the courtshallmust conduct a 63.27 hearing to review compliance with the parenting time and child 63.28 support provisionsset forthin a decree of dissolution or legal 63.29 separation or an order that establishes child custody, parenting 63.30 time, and support rights and obligations of parents. The state 63.31 court administratorshallmust prepare, and each court 63.32 administratorshallmust make available, simplified pro se forms 63.33 for reviewing parenting time and child support disputes. The 63.34 court may impose any parenting time enforcement remedy available 63.35 under sections 518.175 and 518.1751, and any support enforcement 63.36 remedy available under section 518.551. 64.1 Sec. 42. Minnesota Statutes 2000, section 518.179, 64.2 subdivision 1, is amended to read: 64.3 Subdivision 1. [SEEKING CUSTODY OR PARENTING TIME.] 64.4 Notwithstanding any contrary provision in section 518.17 or 64.5 518.175,ifa person seeking child custody or parenting time who 64.6 has been convicted of a crime described in subdivision 2, the64.7person seeking custody or parenting timehas the burden to prove 64.8 that custody or parenting time by that person is in the best 64.9 interests of the child if: 64.10 (1) the conviction occurred within the preceding five 64.11 years; 64.12 (2) the person is currently incarcerated, on probation, or 64.13 under supervised release for the offense; or 64.14 (3) the victim of the crime was a family or household 64.15 member as defined in section 518B.01, subdivision 2. 64.16 If this section applies, the court may not grant custody or 64.17 parenting time to the person unless it finds that the custody or 64.18 parenting time is in the best interests of the child. If the 64.19 victim of the crime was a family or household member, the 64.20 standard of proof is clear and convincing evidence. A guardian 64.21 ad litem must be appointed in any case where this section 64.22 applies. 64.23 Sec. 43. Minnesota Statutes 2000, section 518.18, is 64.24 amended to read: 64.25 518.18 [MODIFICATION OF ORDER.] 64.26 (a) Unless agreed to in writing by the parties, no motion 64.27 to modify a custody order or parenting plan may be made earlier 64.28 than one year after the date of the entry of a decree of 64.29 dissolution or legal separation containing a provision dealing 64.30 with custody, except in accordance with paragraph (c). 64.31 (b) If a motion for modification has been heard, whether or 64.32 not it was granted, unless agreed to in writing by the parties 64.33 no subsequent motion may be filed within two years after 64.34 disposition of the prior motion on its merits, except in 64.35 accordance with paragraph (c). 64.36 (c) The time limitations prescribed in paragraphs (a) and 65.1 (b)shalldo not prohibit a motion to modify a custody order or 65.2 parenting plan if the court finds that there is persistent and 65.3 willful denial or interference with parenting time, or has 65.4 reason to believe that the child's present environment may 65.5 endanger the child's physical or emotional health or impair the 65.6 child's emotional development. 65.7 (d)If theA court that has jurisdiction to determine child 65.8 custody matters, the court shallmust not modify a prior custody 65.9 order or a parenting plan provisionwhichthat specifies the 65.10 child's primary residence unless it finds, upon the basis of65.11facts, including unwarranted denial of, or interference with, a65.12duly established parenting time schedule, that have arisen since65.13the prior order or that were unknown to the court at the time of65.14the prior order,that a change has occurred in the circumstances 65.15 of the child or the parties and that the modification is 65.16 necessary to serve the best interests of the child. The court 65.17 must make its finding upon the basis of facts, including 65.18 unwarranted denial of, or interference with, a duly established 65.19 parenting time schedule, that have arisen since the prior order 65.20 or that were unknown to the court at the time of the prior order. 65.21 In applying these standards the courtshallmust retain the 65.22 custody arrangement or the parenting plan provision specifying 65.23 the child's primary residence that was established by the prior 65.24 order unless: 65.25 (i) the court finds that a change in the custody 65.26 arrangement or primary residence is in the best interests of the 65.27 child and the parties previously agreed, in a writing approved 65.28 by a court, to apply the best interests standard in section 65.29 518.17 or 257.025, as applicable; and, with respect to 65.30 agreements approved by a court on or after April 28, 2000, both 65.31 parties were represented by counsel when the agreement was 65.32 approved or the court found the parties were fully informed, the 65.33 agreement was voluntary, and the parties were aware of its 65.34 implications; 65.35 (ii) both parties agree to the modification; 65.36 (iii) the child has been integrated into the family of the 66.1 petitioner with the consent of the other party; or 66.2 (iv) the child's present environment endangers the child's 66.3 physical or emotional health or impairs the child's emotional 66.4 development and the harm likely to be caused by a change of 66.5 environment is outweighed by the advantage of a change to the 66.6 child. 66.7In addition,(e) A court may modify a custody order or 66.8 parenting plan under section 631.52. 66.9(e)(f) In deciding whether to modify a prior joint custody 66.10 order, the courtshallmust apply the standards set forth in 66.11 paragraph (d) unless: 66.12 (1) the parties agree in writing to the application of a 66.13 different standard,; or 66.14 (2) the party seeking the modification is asking the court 66.15 for permission to move the residence of the child to another 66.16 state. 66.17(f) If a custodial parent has been granted sole physical66.18custody of a minor and the child subsequently lives with the66.19noncustodial parent, and temporary sole physical custody has66.20been approved by the court or by a court-appointed referee,(g) 66.21 The court may suspendthea noncustodial parent's child support 66.22 obligation pendingthea final custody determination if: 66.23 (1) a custodial parent has been granted sole physical 66.24 custody of a child; 66.25 (2) the child subsequently lives with the noncustodial 66.26 parent; and 66.27 (3) a temporary sole custody order has been approved by the 66.28 court or a court-approved referee. 66.29The court'sA court order denying the suspension of child 66.30 support under this paragraph must include a written explanation 66.31 of the reasons why continuation of the child support obligation 66.32 would be in the best interests of the child. 66.33 (h) A party seeking modification of a custody order must 66.34 submit with moving papers an affidavit setting forth facts 66.35 supporting the requested modification. The party must give 66.36 notice and a copy of the affidavit to other parties to the 67.1 proceeding, who may file opposing affidavits. 67.2 Sec. 44. Minnesota Statutes 2000, section 518.612, is 67.3 amended to read: 67.4 518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 67.5 ORDER.] 67.6Failure by a party to make support payments is not a67.7defense to: interference with parenting time; or without the67.8permission of the court or the noncustodial parent removing a67.9child from this state. Nor is interference with parenting time67.10or taking a child from this state without permission of the67.11court or the noncustodial parent a defense to nonpayment of67.12support. If a party fails to make support payments, or67.13interferes with parenting time, or without permission of the67.14court or the noncustodial parent removes a child from this67.15state, the other party may petition the court for an appropriate67.16order.67.17 (a) An obligor may not assert as a defense to failure to 67.18 pay child support that the obligee interfered with parenting 67.19 time or removed the child from the state without permission of 67.20 the obligor or the court. 67.21 (b) An obligee may not assert as a defense to interference 67.22 with parenting time or removing the child from the state without 67.23 permission of the obligor or the court, that the obligor failed 67.24 to pay child support. 67.25 (c) A party may petition the court for an appropriate order 67.26 if the other party: 67.27 (1) fails to make support payments; 67.28 (2) interferes with parenting time; or 67.29 (3) removes a child from this state without permission of 67.30 the court or the noncustodial parent. 67.31 Sec. 45. Minnesota Statutes 2000, section 518.619, is 67.32 amended to read: 67.33 518.619 [CUSTODY ORVISITATIONPARENTING TIME; MEDIATION 67.34 SERVICES.] 67.35 Subdivision 1. [MEDIATION PROCEEDING.] Except as provided 67.36 in subdivision 2, if it appears on the face of the petition or 68.1 other application for an order or modification of an order for 68.2thechild custodyof a childthat custody or parenting time is 68.3 contested, or that any issue pertinent to a custody or parenting 68.4 time determination, including parenting time rights, is 68.5 unresolved, the matter may be set for mediation of the contested 68.6 issueprior tobefore, concurrent with, orsubsequent to the68.7 after settingofthe matter for hearing. The purpose of the 68.8 mediation proceeding is to reduce acrimonywhichthat may exist 68.9 between the parties and to develop an agreement that is 68.10 supportive of the child's best interests. The mediatorshall68.11 must use best efforts to effect a settlement of the custody or 68.12 parenting time dispute, butshall havehas no coercive authority. 68.13 Subd. 2. [EXCEPTION.] If the court determines that there 68.14 is probable cause that one of the parties, or a child of a 68.15 party, has been physically or sexually abused bythe othera 68.16 party, the courtshallmust not require or refer the parties to 68.17 mediation or any other process that requires parties to meet and 68.18 confer without counsel, if any, present. 68.19 Subd. 3. [MEDIATOR APPOINTMENT.] In order to participate 68.20 in a custody mediation, a mediator must be appointed by the 68.21 family court. A mediator must be a member of the professional 68.22 staff of a family court, probation department, mental health 68.23 services agency, or a private mediation service. The mediator 68.24 must be on a list of mediators approved by the court having 68.25 jurisdiction of the matter, unless the parties stipulate to a 68.26 mediator not on the list. 68.27 Subd. 4. [MEDIATOR QUALIFICATIONS.] A mediator who 68.28 performs mediation in contested child custody mattersshallmust 68.29 meet the following minimum qualifications: 68.30(a)(1) knowledge of the court system and the procedures 68.31 used in contested child custody matters; 68.32(b)(2) knowledge of other resources in the community to 68.33 which the parties to contested child custody matters can be 68.34 referred for assistance; 68.35(c)(3) knowledge of child development, clinical issues 68.36 relating to children, the effects of marriage dissolution on 69.1 children, and child custody research; and 69.2(d)(4) a minimum of 40 hours of certified mediation 69.3 training. 69.4 Subd. 5. [RECORDS; PRIVATE DATA.] Mediation proceedings 69.5shallmust be conducted in private. All records of a mediation 69.6 proceedingshall beare private and not available as evidence in 69.7 an action for marriage dissolution and related proceedings on 69.8 any issue in controversy in the dissolution. 69.9 Subd. 6. [MEDIATOR RECOMMENDATIONS.] When the parties have 69.10 not reached agreement as a result of the mediation proceeding, 69.11 the mediator may recommend to the court that an investigation be 69.12 conducted under section 518.167, or that other action be taken 69.13 to assist the parties to resolve the controversy before hearing 69.14 on the issues. The mediator may not conduct the investigation 69.15 or evaluation unless: (1) the parties agree in a writing, 69.16 executed after the termination of mediation, that the mediator 69.17 may conduct the investigation or evaluation, or (2) there is no 69.18 other person reasonably available to conduct the investigation 69.19 or evaluation. The mediator may recommend that mutual 69.20 restraining orders be issued in appropriate cases, pending 69.21 determination of the controversy, to protect the well-being of 69.22 the children involved in the controversy. 69.23 Subd. 7. [MEDIATION AGREEMENT.] An agreement reached by 69.24 the parties as a result of mediationshallmust be discussed by 69.25 the parties with their attorneys, if any, and. The approved 69.26 agreement may then be included in the marital dissolution decree 69.27 or other stipulation submitted to the court. An agreement 69.28 reached by the parties as a result of mediation may not be 69.29 presented to the court nor made enforceable unless the parties 69.30 and their counsel, if any, consent to its presentation to the 69.31 court, and the court adopts the agreement. 69.32 Subd. 8. [RULES.] Each courtshallmust adopt rules to 69.33 implement this section, andshallmust compile and maintain a 69.34 list of mediators. 69.35 Sec. 46. [INSTRUCTION TO REVISOR.] 69.36 The revisor of statutes must renumber the sections in 70.1 Minnesota Statutes 2000 listed in column A as indicated in 70.2 column B and correct cross-references to those sections 70.3 throughout Minnesota Statutes and Minnesota Rules. 70.4 A B 70.5 518.003, subd. 3 517B.01, subd. 2 70.6 518.003, subd. 5 517B.01, subd. 3 70.7 518.155 517B.02 70.8 518.156 517B.13 70.9 518.157 517B.06 70.10 518.158, subd. 1 517B.22, subd. 2 70.11 518.158, subd. 2 517B.22, subd. 3 70.12 518.158, subd. 3 517B.22, subd. 4 70.13 518.158, subd. 4 517B.22, subd. 5 70.14 518.158, subd. 5 517B.22, subd. 1 70.15 518.165 517B.08 70.16 518.166 517B.14 70.17 518.167 517B.15 70.18 518.168 517B.16 70.19 518.1705 517B.25 70.20 518.175, subd. 1 517B.27, subd. 1 70.21 518.175, subd. 1a 517B.27, subd. 2 70.22 518.175, subd. 2 517B.27, subd. 3 70.23 518.175, subd. 3 517B.27, subd. 4 70.24 518.175, subd. 5 517B.27, subd. 6 70.25 518.175, subd. 6 517B.27, subd. 7 70.26 518.175, subd. 7 517B.30 70.27 518.175, subd. 8 517B.27, subd. 8 70.28 518.1751, subd. 1 517B.28, subd. 1 70.29 518.1751, subd. 1a 517B.28, subd. 2 70.30 518.1751, subd. 1b 517B.28, subd. 3 70.31 518.1751, subd. 2 517B.28, subd. 6 70.32 518.1751, subd. 2a 517B.28, subd. 7 70.33 518.1751, subd. 2b 517B.28, subd. 4 70.34 518.1751, subd. 2c 517B.28, subd. 5 70.35 518.1751, subd. 3 517B.28, subd. 8 70.36 518.1751, subd. 4 517B.28, subd. 13 71.1 518.1751, subd. 4a 517B.28, subd. 9 71.2 518.1751, subd. 5 517B.28, subd. 10 71.3 518.1751, subd. 5a 517B.28, subd. 11 71.4 518.1751, subd. 6 517B.28, subd. 12 71.5 518.176 517B.20 71.6 518.177 517B.04 71.7 518.178 517B.27, subd. 5 71.8 518.179 517B.09 71.9 518.18 517B.21 71.10 518.183 517B.26 71.11 518.612 517B.10 71.12 518.619 517B.07 71.13 Sec. 47. [REPEALER.] 71.14 Minnesota Statutes 2000, sections 518.17; and 518.185, are 71.15 repealed. 71.16 ARTICLE 3 71.17 CHILD SUPPORT 71.18 Section 1. [517C.01] [TITLE.] 71.19 This chapter may be cited as the "Minnesota Child Support 71.20 Act." 71.21 Sec. 2. [517C.02] [DEFINITIONS.] 71.22 Subdivision 1. [SCOPE.] The definitions in this section 71.23 apply to this chapter. 71.24 Subd. 2. [ARREARS.] "Arrears" means amounts owed under a 71.25 support order that are past due. It includes child support, 71.26 pregnancy and confinement expenses, attorney fees, and any other 71.27 obligations addressed in a support order. 71.28 Subd. 3. [BUSINESS DAY.] "Business day" means a day on 71.29 which state offices are open for regular business. 71.30 Subd. 4. [CHILD.] "Child" means an individual under 18 71.31 years of age, an individual under age 20 who is still attending 71.32 secondary school, or an individual who, by reason of physical or 71.33 mental condition, is incapable of self-support. 71.34 Subd. 5. [CHILD SUPPORT.] "Child support" means: 71.35 (1) an award in a dissolution, legal separation, annulment, 71.36 or parentage proceeding for the care, support, and education of 72.1 a child of the marriage or of the parties to the proceeding; 72.2 (2) a contribution by parents ordered under section 256.87; 72.3 or 72.4 (3) support ordered under chapter 518B or 518C. 72.5 Subd. 6. [DEPOSIT ACCOUNT.] "Deposit account" means funds 72.6 deposited with a financial institution in the form of a savings 72.7 account, checking account, NOW account, or demand deposit 72.8 account. 72.9 Subd. 7. [FINANCIAL INSTITUTION.] "Financial institution" 72.10 means a savings association, bank, trust company, credit union, 72.11 industrial loan and thrift company, bank and trust company, or 72.12 savings association, and includes a branch or detached facility 72.13 of a financial institution. 72.14 Subd. 8. [OBLIGEE.] "Obligee" means a person to whom 72.15 payments for child support are owed. 72.16 Subd. 9. [OBLIGOR.] "Obligor" means a person obligated to 72.17 pay child support. A person who is designated as the sole 72.18 physical custodian of a child is presumed not to be an obligor 72.19 for purposes of calculating current support unless the court 72.20 makes specific written findings to overcome this presumption. 72.21 Subd. 10. [PAYMENT.] "Payment" means the payment of child 72.22 support, child care support, medical support, and related 72.23 payments required by order of a tribunal, voluntary support, or 72.24 statutory fees. 72.25 Subd. 11. [PAYOR OF FUNDS.] "Payor of funds" means a 72.26 person or entity that provides funds to an obligor, including an 72.27 employer as defined under chapter 24 of the Internal Revenue 72.28 Code, section 3401(d), an independent contractor, payor of 72.29 workers' compensation benefits or reemployment compensation, or 72.30 a financial institution as defined in section 13B.06. 72.31 Subd. 12. [PUBLIC AUTHORITY.] "Public authority" means the 72.32 local unit of government, acting on behalf of the state, that is 72.33 responsible for child support enforcement or the child support 72.34 enforcement division of the department of human services. 72.35 Subd. 13. [SUBSEQUENT CHILD.] "Subsequent child" means a 72.36 child born after the child who is the subject of the child 73.1 support proceeding. 73.2 Subd. 14. [SUPPORT ORDER.] (a) "Support order" means a 73.3 judgment, decree, or order, whether temporary, final, or subject 73.4 to modification, issued by a court or administrative agency of 73.5 competent jurisdiction that: 73.6 (1) provides for the support of a child, including a child 73.7 who has attained the age of majority under the law of the 73.8 issuing state; 73.9 (2) provides for monetary support, child care, medical 73.10 support including expenses for confinement and pregnancy, 73.11 arrears, or reimbursement; and 73.12 (3) may include related costs and fees, interest and 73.13 penalties, income withholding, and other relief. 73.14 (b) The definition in paragraph (a) applies to orders 73.15 issued under this chapter and chapters 256, 257, 518B, and 518C. 73.16 Subd. 15. [TRIBUNAL.] "Tribunal" has the meaning given in 73.17 section 518C.101. 73.18 Sec. 3. [517C.03] [PROCEDURAL RULES.] 73.19 The supreme court may promulgate rules to be used in child 73.20 support cases. 73.21 Sec. 4. [517C.04] [CHILD SUPPORT ORDERS.] 73.22 Subdivision 1. [ORDER.] (a) Upon dissolution of marriage, 73.23 legal separation, annulment, establishment of paternity, or when 73.24 otherwise required by statute, the court must order child 73.25 support as provided by this chapter. 73.26 (b) Nothing contained in this chapter limits the power of 73.27 the court to make appropriate, adequate orders for the support 73.28 and education of a child of the parties to a dissolution, legal 73.29 separation, or annulment action if the dissolution, legal 73.30 separation, or annulment is denied. 73.31 Subd. 2. [PROVISIONS.] Child support orders must provide 73.32 for general child rearing costs, or basic needs, and must also 73.33 specifically address medical care and child care costs, 73.34 providing for those costs pursuant to this chapter. 73.35 Subd. 3. [AGREEMENTS.] If the parties stipulate or agree 73.36 to a child support order, the court must review the agreement to 74.1 ensure it serves the best interests of the child. The supreme 74.2 court may promulgate rules regarding the review of stipulations 74.3 and agreements. The court may refuse to accept or may alter an 74.4 agreement that does not conform with the requirements of this 74.5 chapter or that is otherwise not in the best interests of the 74.6 child. 74.7 Subd. 4. [PREFERENCE FOR SPECIFIC DOLLAR AMOUNT.] (a) 74.8 There is a presumption in favor of ordering child support in a 74.9 specific dollar amount, as opposed to a percentage of income. 74.10 (b) The court may order an obligor to pay child support in 74.11 the form of a percentage share of the obligor's net bonuses, 74.12 commissions, or other forms of compensation, in addition to, or 74.13 if the obligor receives no base pay, in lieu of an order for a 74.14 specific dollar amount. 74.15 Subd. 5. [PREFERENCE FOR MONTHLY PAYMENT.] There is a 74.16 presumption in favor of ordering child support in an amount that 74.17 reflects an obligor's monthly obligation. 74.18 Subd. 6. [PREFERENCE FOR STATIC PAYMENT.] (a) There is a 74.19 presumption in favor of ordering child support so that an 74.20 obligor makes the same monthly payments throughout the year, as 74.21 opposed to payment amounts that fluctuate by season or month. 74.22 If the obligor is seasonally employed, it is generally the 74.23 responsibility of the obligor to budget income accordingly. 74.24 Subd. 7. [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) 74.25 Upon the motion of an obligor, a court may order an obligee to 74.26 account for the use or disposition of child support received. 74.27 The motion must assert the specific allegations of abuse or 74.28 misapplication of child support received and that a child's 74.29 needs are not being met. If the court orders a hearing, the 74.30 court may order an accounting only if the obligor establishes 74.31 the specific allegations of abuse or misapplication of child 74.32 support received and that the child's needs are not being met. 74.33 (b) If the court orders an accounting under paragraph (a), 74.34 the obligee must provide documentation that breaks down monthly 74.35 expenditures of child support received into the following 74.36 categories: 75.1 (1) housing and utilities; 75.2 (2) food; 75.3 (3) transportation; 75.4 (4) clothing; 75.5 (5) health care; 75.6 (6) child care and education; and 75.7 (7) miscellaneous. 75.8 An obligee may account for expenditures on housing, utilities, 75.9 food, and transportation that are attributable to multiple 75.10 household members on a per capita basis. 75.11 (c) If the court finds that an obligee does not make the 75.12 accounting required under paragraph (b) or the obligee does not 75.13 spend the entire child support payment on behalf of the child, 75.14 the court may: 75.15 (1) hold the obligee in contempt of court; 75.16 (2) reduce or eliminate the obligor's child support 75.17 obligation; 75.18 (3) order the obligee to make future expenditures on behalf 75.19 of the child, whether in whole or in part, in a manner that 75.20 documents the transaction; or 75.21 (4) make any other appropriate order to ensure that the 75.22 needs of the child are met. 75.23 (d) If the court determines that an obligor's motion under 75.24 this section is brought in bad faith, the court may award 75.25 reasonable attorney fees to the obligee. 75.26 Subd. 8. [DEPARTURE.] The court may depart from a 75.27 presumption in subdivision 4, 5, or 6 if: 75.28 (1) all parties agree; or 75.29 (2) the presumption would impose an extreme hardship on the 75.30 obligor and would not be in the best interests of the child. 75.31 Subd. 9. [CHILD SUPPORT TO BE DISTINGUISHED FROM 75.32 MAINTENANCE.] In a judgment of dissolution or legal separation, 75.33 the court must clearly distinguish between payments ordered for 75.34 maintenance and payments ordered for child support. An award of 75.35 payments from future income or earnings of the custodial parent 75.36 is presumed to be maintenance and an award of payments from the 76.1 future income or earnings of the noncustodial parent is presumed 76.2 to be child support, unless otherwise designated by the court. 76.3 Subd. 10. [OTHER CUSTODIANS.] If a child resides with a 76.4 person other than a parent and the court approves of the custody 76.5 arrangement, the court may order child support payments to be 76.6 made to the custodian regardless of whether the person has legal 76.7 custody. 76.8 Subd. 11. [EITHER PARENT LIABLE; MARITAL MISCONDUCT 76.9 IRRELEVANT.] The court may order either or both parents owing a 76.10 duty of support to a child to pay an amount reasonable or 76.11 necessary for the child's support, without regard to marital 76.12 misconduct. 76.13 Sec. 5. [517C.05] [TEMPORARY ORDERS.] 76.14 Subdivision 1. [MOTION; SCOPE.] In a child support 76.15 proceeding a party may, by motion, request that the court grant 76.16 a temporary order pending the final disposition of the 76.17 proceeding for temporary child support, costs, and reasonable 76.18 attorney fees. Additionally, to facilitate the just and speedy 76.19 disposition of the proceeding, the court may require a party to 76.20 perform or refrain from performing additional acts. 76.21 Subd. 2. [DURATION.] A temporary order continues in full 76.22 force and effect until: 76.23 (1) it is amended; 76.24 (2) it is vacated; 76.25 (3) the main action is dismissed; or 76.26 (4) a final decree of dissolution, legal separation, or 76.27 other final order is entered. 76.28 Subd. 3. [FACTORS.] The court must consider the factors 76.29 set forth in this chapter in making temporary orders. 76.30 Subd. 4. [EVIDENCE.] Temporary orders must be made solely 76.31 on the basis of affidavits and argument of counsel unless: 76.32 (1) a party makes a timely motion or responsive motion to 76.33 hear the matter on oral testimony before the court; or 76.34 (2) the court in its discretion orders the taking of oral 76.35 testimony. 76.36 Subd. 5. [LIMITED EFFECT.] A temporary order does not 77.1 prejudice the rights of the parties or the child that are to be 77.2 adjudicated at subsequent hearings in the proceeding. 77.3 Subd. 6. [MODIFICATION.] A temporary order may be revoked 77.4 or modified by the court before the final disposition of the 77.5 proceeding upon the same grounds and subject to the same 77.6 requirements as the initial granting of the order. 77.7 Sec. 6. [517C.06] [DETERMINATION OF CONTROLLING ORDER.] 77.8 The public authority or a party may request the court to 77.9 determine a controlling order when more than one order involving 77.10 the same obligor and child exists. 77.11 Sec. 7. [517C.07] [ATTORNEY FEES; COSTS AND 77.12 DISBURSEMENTS.] 77.13 Subdivision 1. [GENERAL.] (a) Except as provided in 77.14 section 517C.83, in a proceeding under this chapter, the court 77.15 must award attorney fees, costs, and disbursements in an amount 77.16 necessary to enable a party to carry on or contest the 77.17 proceeding if: 77.18 (1) the fees are necessary for the good-faith assertion of 77.19 the party's rights in the proceeding and will not contribute 77.20 unnecessarily to the length and expense of the proceeding; 77.21 (2) the party from whom fees, costs, and disbursements are 77.22 sought has the means to pay them; and 77.23 (3) the party to whom fees, costs, and disbursements are 77.24 awarded does not have the means to pay them. 77.25 (b) Fees, costs, and disbursements may be awarded at any 77.26 point during or after a proceeding under this chapter. 77.27 (c) The court may assess costs and disbursements against 77.28 either party. 77.29 Subd. 2. [UNREASONABLE ACTIONS.] The court may, in its 77.30 discretion, assess additional fees, costs, and disbursements 77.31 against a party who unreasonably contributes to the length or 77.32 expense of the proceeding. 77.33 Subd. 3. [COLLECTION.] The court may authorize the 77.34 collection of money awarded by execution, or out of property 77.35 sequestered, or in any other manner within the power of the 77.36 court. An award of attorney fees survives the proceeding. If 78.1 the award is not paid by the party directed to pay it, the award 78.2 may be enforced as provided by this subdivision or by a separate 78.3 civil action brought in the attorney's own name. 78.4 Sec. 8. [517C.10] [EXCHANGE OF INFORMATION.] 78.5 Subdivision 1. [DOCUMENTATION.] The parties must timely 78.6 serve and file documentation of earnings and income. 78.7 Documentation of earnings and income includes, but is not 78.8 limited to, pay stubs for the most recent three months, employer 78.9 statements, or statement of receipts and expenses if 78.10 self-employed. Documentation of earnings and income also 78.11 includes copies of each parent's most recent federal tax 78.12 returns, W-2 forms, 1099 forms, reemployment compensation 78.13 statements, workers' compensation statements, and all other 78.14 documents evidencing the receipt of income that provide 78.15 verification of income over a longer period. 78.16 Subd. 2. [ANNUAL EXCHANGE OF TAX RETURNS.] An obligor and 78.17 obligee must annually provide all other parties with a copy of 78.18 his or her federal tax return filed with the Internal Revenue 78.19 Service. 78.20 Subd. 3. [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] An 78.21 obligor must notify other parties of a change of address or 78.22 residence within 60 days of the address or residence change. 78.23 Subd. 4. [NOTICE TO PUBLIC AUTHORITY; PUBLIC ASSISTANCE.] 78.24 The petitioner must notify the public authority of all 78.25 proceedings for dissolution, legal separation, determination of 78.26 parentage, or for the custody of a child, if either party is 78.27 receiving public assistance or applies for it subsequent to the 78.28 commencement of the proceeding. The notice must contain the 78.29 full names of the parties to the proceeding, their social 78.30 security account numbers, and their birth dates. 78.31 Subd. 5. [FAILURE OF NOTICE.] If the court in a 78.32 dissolution, legal separation, or determination of parentage 78.33 proceeding, finds before issuing the order for judgment and 78.34 decree, that notification has not been given to the public 78.35 authority, the court must set child support according to the 78.36 guidelines in this chapter. In those proceedings in which no 79.1 notification has been made pursuant to this section and in which 79.2 the public authority determines that the judgment is lower than 79.3 the child support required by the guidelines in this chapter, it 79.4 must move the court for a redetermination of the support 79.5 payments ordered so that the support payments comply with the 79.6 guidelines. 79.7 Sec. 9. [517C.11] [PRIVACY PROTECTION; PERSONAL 79.8 PROTECTION.] 79.9 Subdivision 1. [SOCIAL SECURITY NUMBERS; TAX RETURNS.] The 79.10 social security numbers and tax returns required under this 79.11 chapter are not accessible to the public, except that they must 79.12 be disclosed to the other parties to a proceeding as provided in 79.13 section 517C.10. 79.14 Subd. 2. [MODIFICATION OF CERTAIN REQUIREMENTS.] The court 79.15 may modify or limit the information exchange requirements of 79.16 this chapter by order if necessary to protect a party from 79.17 contact by another party. 79.18 Subd. 3. [ACCESS TO ADDRESS FOR SERVICE OF PROCESS.] (a) 79.19 If the public authority is a party or is providing services in a 79.20 support case, a party may obtain an ex parte order under this 79.21 subdivision. The party may obtain an ex parte order requiring 79.22 the public authority to serve legal documents on the other party 79.23 by mail if the party submits a sworn affidavit to the court 79.24 stating that: 79.25 (1) the party needs to serve legal process in a support 79.26 proceeding and does not have access to the address of the other 79.27 party; 79.28 (2) the party has made reasonable efforts to locate the 79.29 other party; and 79.30 (3) the other party is not represented by counsel. 79.31 (b) The public authority must serve legal documents 79.32 provided by the moving party at the last known address of the 79.33 other party upon receipt of a court order under paragraph (a). 79.34 The public authority must provide for appropriate service and 79.35 must certify to all parties the date of service by mail. The 79.36 public authority's proof of service must not include the place 80.1 or address of service. 80.2 (c) The state court administrator must prepare and make 80.3 available forms for use in seeking access to an address under 80.4 this subdivision. 80.5 Sec. 10. [517C.12] [INCOME.] 80.6 Subdivision 1. [DEFINITION.] For purposes of calculating 80.7 child support under this chapter, "income" means gross income. 80.8 Subd. 2. [SOURCES.] For purposes of this chapter, income 80.9 includes any form of periodic payment to an individual 80.10 including, but not limited to: 80.11 (1) wages; 80.12 (2) salaries; 80.13 (3) payments to an independent contractor; 80.14 (4) workers' compensation; 80.15 (5) reemployment compensation; 80.16 (6) annuity; 80.17 (7) military and naval retirement; 80.18 (8) pension and disability payments; and 80.19 (9) in-kind payments received by the obligor in the course 80.20 of employment, self-employment, or operation of a business if 80.21 the payments reduce the obligor's living expenses. 80.22 Subd. 3. [COMMISSIONS; BONUSES.] If the court finds that a 80.23 party's commissions or bonuses are reliable and predictable, the 80.24 court may include them in income calculations. 80.25 Subd. 4. [SELF-EMPLOYMENT; INDEPENDENT CONTRACTORS.] (a) 80.26 Income from self-employment is equal to gross receipts minus 80.27 ordinary and necessary expenses. Ordinary and necessary 80.28 expenses do not necessarily include amounts allowed by the 80.29 Internal Revenue Service for accelerated depreciation expenses 80.30 or investment tax credits or any other business expenses 80.31 determined by the court to be inappropriate for determining 80.32 income for purposes of child support. The person seeking to 80.33 deduct an expense, including depreciation, has the burden of 80.34 proving, if challenged, that the expense is ordinary and 80.35 necessary. Income calculated under this section may be 80.36 different from taxable income. 81.1 Subd. 5. [PUBLIC ASSISTANCE EXCLUSIONS.] Benefits received 81.2 under Title IV-A of the Social Security Act and chapter 256J are 81.3 not income under this section. 81.4 Subd. 6. [OVERTIME.] (a) Income does not include 81.5 compensation received by a party for employment in excess of a 81.6 40-hour work week if: 81.7 (1) the excess employment is not within the normal range of 81.8 hours worked, given the party's employment history; 81.9 (2) the excess employment is voluntary and not a condition 81.10 of employment; 81.11 (3) the excess employment is in the nature of additional, 81.12 part-time or overtime employment compensable by the hour or 81.13 fraction of an hour; and 81.14 (4) the party's compensation structure has not been changed 81.15 for the purpose of affecting a child support obligation. 81.16 (b) The court may presume that a party with seasonal or 81.17 intermittent income who works periods in excess of a 40-hour 81.18 work week, but who works a substantially normal number of hours 81.19 over the course of a year, is working within the normal range of 81.20 hours worked. 81.21 Subd. 7. [INCOME OF A SPOUSE OR OTHER HOUSEHOLD 81.22 MEMBER.] (a) Income must not include the income of a party's 81.23 spouse or other household member. The court must not consider 81.24 the income or resources provided by a spouse or other household 81.25 member when determining all the earnings, income, and resources 81.26 of a parent under section 517C.17. 81.27 (b) Notwithstanding paragraph (a), the court may issue an 81.28 order permitting discovery of a spouse or other household 81.29 member's income information if there is probable cause to 81.30 believe the spouse or other household member is being used to 81.31 shelter income from a party. If the court finds that income was 81.32 improperly or unfairly sheltered, it may impute income to the 81.33 party or otherwise adjust the support amount in a just and 81.34 proper manner. However, the court may not under any 81.35 circumstances consider income or resources properly attributable 81.36 to a spouse or other household member when setting support. 82.1 Subd. 8. [PRIOR ORDERS BEING PAID.] A child support or 82.2 maintenance order that is currently being paid must be deducted 82.3 from income. 82.4 Sec. 11. [517C.13] [IMPUTED INCOME.] 82.5 Subdivision 1. [NONAPPEARANCE OF A PARTY.] If a parent 82.6 under the jurisdiction of the court does not appear at a court 82.7 hearing after proper notice of the time and place of the 82.8 hearing, the court must set income for that parent based on 82.9 credible evidence before the court or in accordance with 82.10 subdivision 3. Credible evidence may include documentation of 82.11 current or recent income, testimony of the other parent 82.12 concerning recent earnings and income levels, and the parent's 82.13 wage reports filed with the Minnesota department of economic 82.14 security under section 268.044. 82.15 Subd. 2. [VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT.] (a) 82.16 The principles of income imputation apply equally to obligors 82.17 and obligees. 82.18 (b) If the court finds that a parent is voluntarily 82.19 unemployed or underemployed or was voluntarily unemployed or 82.20 underemployed during the period for which past support is being 82.21 sought, support must be calculated based on a determination of 82.22 imputed income. 82.23 (c) A parent is not considered voluntarily unemployed or 82.24 underemployed upon a showing by the parent that: 82.25 (1) the unemployment or underemployment is temporary and 82.26 will ultimately lead to an increase in income; 82.27 (2) the unemployment or underemployment represents a bona 82.28 fide career change that outweighs the adverse effect of that 82.29 parent's diminished income on the child; 82.30 (3) the parent is a recipient of public assistance under 82.31 section 256.741; or 82.32 (4) the parent is physically or mentally incapacitated. 82.33 (d) Imputed income means the estimated earning ability of a 82.34 parent based on the parent's prior earnings history, education, 82.35 and job skills, and on availability of jobs within the community 82.36 for an individual with the parent's qualifications. 83.1 Subd. 3. [INSUFFICIENT INFORMATION.] If there is 83.2 insufficient information to determine actual income or to impute 83.3 income pursuant to subdivision 1 or 2, the court may calculate 83.4 support based on full-time employment of 40 hours per week at 83.5 150 percent of the federal minimum wage or the Minnesota minimum 83.6 wage, whichever is higher. 83.7 Sec. 12. [517C.14] [PRESUMPTIVE CHILD SUPPORT ORDER; 83.8 GENERAL.] 83.9 Subdivision 1. [REBUTTABLE PRESUMPTION.] The guidelines in 83.10 sections 517C.12 to 517C.16 are a rebuttable presumption and 83.11 must be used in all cases when establishing or modifying child 83.12 support. 83.13 Subd. 2. [SUBSTANTIAL UNFAIRNESS; MINIMUM SUPPORT 83.14 AMOUNT.] (a) If the presumptive support amount derived from the 83.15 child support worksheet leaves the obligor with income less than 83.16 150 percent of the federal poverty guidelines, the worksheet 83.17 does not apply and the court must order support in a fair and 83.18 equitable amount that leaves both parties in a substantially 83.19 similar situation in relation to the federal poverty guidelines 83.20 considering: 83.21 (1) the factors outlined in section 517C.17; 83.22 (2) tax credits and deductions available to either party; 83.23 and 83.24 (3) receipt of public assistance by either party. 83.25 (b) In any event, the court must order support in an amount 83.26 not less than $50 per child per month unless the court finds 83.27 that the obligor completely lacks an ability to pay due to a 83.28 circumstance such as a permanent and total disability or 83.29 incarceration without work release privileges. 83.30 (c) For purposes of this section, when determining income 83.31 relative to the federal poverty guidelines, only children common 83.32 to the obligor and obligee are included in the household. 83.33 Subd. 3. [CHILD SUPPORT CAP.] (a) Except as provided under 83.34 paragraph (b), a monthly basic needs obligation in a child 83.35 support order must not exceed: 83.36 (1) $1,500 for one child; 84.1 (2) $2,400 for two children; 84.2 (3) $2,800 for three children; or 84.3 (4) $2,800 plus $300 for each additional child over three 84.4 children. 84.5 (b) A court may order a basic needs obligation in a child 84.6 support order in an amount that exceeds the limit in paragraph 84.7 (a) if it finds that a child has a disability or other 84.8 substantial, demonstrated need for the additional support and 84.9 that the additional support will directly benefit the child. 84.10 (c) The dollar amounts in paragraph (a) must be adjusted on 84.11 July 1 of every even-numbered year to reflect cost-of-living 84.12 changes. The supreme court must select the index for the 84.13 adjustment from the indices listed in section 517C.31. The 84.14 state court administrator must make the changes in the dollar 84.15 amounts required by this paragraph available to courts and the 84.16 public on or before April 30 of the year in which the amount is 84.17 to change. 84.18 Subd. 4. [CHILD CARE COSTS.] (a) The court must require 84.19 verification of employment or school attendance and 84.20 documentation of child care expenses from the obligee and the 84.21 public authority, if applicable. 84.22 (b) If child care expenses fluctuate during the year 84.23 because of seasonal employment or school attendance of the 84.24 obligee or extended periods of parenting time with the obligor, 84.25 the court must determine child care expenses based on an average 84.26 monthly cost. 84.27 (c) The amount allocated for child care expenses is 84.28 considered child support but is not subject to a cost-of-living 84.29 adjustment under section 517C.31. 84.30 (d) The amount allocated for child care expenses terminates 84.31 when either party notifies the public authority that the child 84.32 care costs have ended and without any legal action on the part 84.33 of either party. The public authority must verify the 84.34 information received under this paragraph before authorizing 84.35 termination. The termination is effective as of the date of the 84.36 notification. In other cases where there is a substantial 85.1 increase or decrease in child care expenses, the parties may 85.2 modify the order under section 517C.31. 85.3 (e) The court may allow the noncustodial parent to care for 85.4 the child while the custodial parent is working, as provided in 85.5 section 517B.27, subdivision 8. Allowing the noncustodial 85.6 parent to care for the child under section 517B.27, subdivision 85.7 8, is not a reason to deviate from the guidelines. 85.8 Subd. 5. [PARENTING TIME ADJUSTMENTS.] (a) For the purpose 85.9 of applying the proper parenting time adjustment on line 5 of 85.10 the presumptive support worksheet, the following principles 85.11 apply: 85.12 (1) the label given to a custody arrangement is not 85.13 determinative of the applicable adjustment; 85.14 (2) the actual division of parenting time controls; and 85.15 (3) an overnight stay presumptively constitutes a day of 85.16 caregiving. 85.17 (b) A parenting time division approximates joint physical 85.18 custody if each parent provides, or is responsible for 85.19 providing, care at least 45 percent of the days in a year. 85.20 (c) If each parent provides, or is responsible for 85.21 providing, care at least 45 percent of the days in a year, the 85.22 obligor's basic needs obligation on line 5 of the presumptive 85.23 child support worksheet under section 517C.16, is 50 percent of 85.24 the difference between the obligor's and obligee's basic needs 85.25 obligations. The court must make specific written findings in 85.26 support of a parenting time adjustment. 85.27 (d) If the obligor exercises substantial parenting time, 85.28 the obligor and obligee may stipulate to reserve or reduce the 85.29 amount of the child support obligation under section 517C.16. 85.30 The stipulation must be reviewed and approved by the court. 85.31 Subd. 6. [CHILD'S INSURANCE BENEFIT.] In establishing or 85.32 modifying child support, if a child receives a child's insurance 85.33 benefit under United States Code, title 42, section 402, because 85.34 the obligor is entitled to old age or disability insurance 85.35 benefits, the amount of support ordered must be offset by the 85.36 amount of the child's benefit. The court must make findings 86.1 regarding the obligor's income from all sources, the child 86.2 support amount calculated under this chapter, the amount of the 86.3 child's benefit, and the obligor's child support obligation. A 86.4 benefit received by the child in a given month in excess of the 86.5 child support obligation must not be treated as a payment of 86.6 arrears or a future payment. 86.7 Subd. 7. [MORE THAN SIX CHILDREN.] If a child support 86.8 proceeding involves more than six children, the court may derive 86.9 a support order without specifically following the guidelines. 86.10 However, the court must consider the basic principles 86.11 encompassed by the guidelines and must consider the needs, 86.12 resources, and circumstances of both parties. 86.13 Sec. 13. [517C.15] [MEDICAL SUPPORT.] 86.14 Subdivision 1. [DEFINITIONS.] The definitions in this 86.15 subdivision apply to this chapter. 86.16 (a) "Health care coverage" means health care benefits that 86.17 are provided by a health plan. Health care coverage does not 86.18 include any form of medical assistance under chapter 256B or 86.19 MinnesotaCare under chapter 256L. 86.20 (b) "Health carrier" means a carrier as defined in sections 86.21 62A.011, subdivision 2, and 62L.02, subdivision 16. 86.22 (c) "Health plan" means a plan meeting the definition under 86.23 section 62A.011, subdivision 3, or a policy, contract, or 86.24 certificate issued by a community integrated service network 86.25 licensed under chapter 62N, and includes plans: (1) provided on 86.26 an individual and group basis, (2) provided by an employer or 86.27 union, (3) purchased in the private market, (4) available to a 86.28 person eligible to carry insurance for the child, and (5) 86.29 provided through a health plan governed under the federal 86.30 Employee Retirement Income Security Act of 1974 (ERISA), United 86.31 States Code, title 29, section 1169(a). "Health plan" includes 86.32 a plan providing for dependent-only, dental, or vision coverage 86.33 and a plan provided through a party's spouse or parent. 86.34 (d) "Medical support" means providing health care coverage 86.35 for a child by carrying health care coverage for the child or by 86.36 contributing to the cost of health care coverage, public 87.1 coverage, unreimbursed medical expenses, and uninsured medical 87.2 expenses of the child. 87.3 (e) "National medical support notice" is an administrative 87.4 notice issued by the public authority to enforce medical support 87.5 provisions of a support order in accordance with Code of Federal 87.6 Regulations, title 45, section 303.32. 87.7 (f) "Public coverage" means health care benefits provided 87.8 by any form of medical assistance under chapter 256B or 87.9 MinnesotaCare under chapter 256L. 87.10 (g) "Uninsured medical expenses" means a child's reasonable 87.11 and necessary health-related expenses if the child is not 87.12 covered by a health plan or public coverage when the expenses 87.13 are incurred. 87.14 (h) "Unreimbursed medical expenses" means a child's 87.15 reasonable and necessary health-related expenses if a child is 87.16 covered by a health plan or public coverage and the plan or 87.17 coverage does not pay for the total cost of the expenses when 87.18 the expenses are incurred. Unreimbursed medical expenses do not 87.19 include the cost of premiums. Unreimbursed medical expenses 87.20 include, but are not limited to, deductibles, co-payments, and 87.21 expenses for orthodontia, prescription eye glasses and contact 87.22 lenses, and over-the-counter medicine. 87.23 Subd. 2. [ORDER.] (a) A completed national medical support 87.24 notice issued by the public authority or a court order that 87.25 complies with this section is a qualified medical child support 87.26 order under the federal Employee Retirement Income Security Act 87.27 of 1974 (ERISA), United States Code, title 29, section 1169(a). 87.28 (b) Every order addressing child support must state: 87.29 (1) the names, last known addresses, and social security 87.30 numbers of the parents and the child that is a subject of the 87.31 order unless the court prohibits the inclusion of an address or 87.32 social security number and orders the parent to provide the 87.33 address and social security number to the administrator of the 87.34 health plan; 87.35 (2) whether appropriate health care coverage for the child 87.36 is available and, if so, state: 88.1 (i) which party must carry health care coverage; 88.2 (ii) the cost of premiums and how the cost is allocated 88.3 between the parties; 88.4 (iii) how unreimbursed expenses will be allocated and 88.5 collected by the parties; and 88.6 (iv) the circumstances, if any, under which the obligation 88.7 to provide health care coverage for the child will shift from 88.8 one party to the other; and 88.9 (3) if appropriate health care coverage is not available 88.10 for the child, whether a contribution for medical support is 88.11 required. 88.12 (c) The amount ordered for medical support is subject to a 88.13 cost-of-living adjustment under section 517C.31. 88.14 Subd. 3. [DETERMINATION OF APPROPRIATE COVERAGE.] (a) In 88.15 determining whether a party has appropriate health care coverage 88.16 for the child, the court must evaluate the health plan using the 88.17 following factors: 88.18 (1) accessible coverage. Dependent health care coverage is 88.19 accessible if the covered child can obtain services from a 88.20 health plan provider with reasonable effort by the custodial 88.21 parent. Health care coverage is presumed accessible if: 88.22 (i) primary care coverage is available within 30 minutes or 88.23 30 miles of the child's residence and specialty care coverage is 88.24 available within 60 minutes or 60 miles of the child's 88.25 residence; 88.26 (ii) the coverage is available through an employer and the 88.27 employee can be expected to remain employed for a reasonable 88.28 amount of time; and 88.29 (iii) no preexisting conditions exist to delay coverage 88.30 unduly; 88.31 (2) comprehensive coverage. Dependent health care coverage 88.32 is comprehensive if it includes, at a minimum, medical and 88.33 hospital coverage and provides for preventive, emergency, acute, 88.34 and chronic care. If both parties have health care coverage 88.35 that meets the minimum requirements, the court must determine 88.36 which health care coverage is more comprehensive by considering 89.1 whether the coverage includes: 89.2 (i) basic dental coverage; 89.3 (ii) orthodontics; 89.4 (iii) eyeglasses; 89.5 (iv) contact lenses; 89.6 (v) mental health services; or 89.7 (vi) substance abuse treatment; 89.8 (3) affordable coverage. Dependent health care coverage is 89.9 affordable if a party's gross income is 150 percent of the 89.10 federal poverty guidelines or more and the party's contribution 89.11 to the health care coverage premium does not exceed five percent 89.12 of the party's gross income. If a party's gross income is less 89.13 than 150 percent of the federal poverty guidelines, it is 89.14 presumed that the party is unable to contribute to the cost of 89.15 health care coverage unless health care is available at no or 89.16 low cost to that party; and 89.17 (4) the child's special medical needs, if any. 89.18 Subd. 4. [COVERAGE.] (a) If a child is presently enrolled 89.19 in health care coverage, the court must order that the parent 89.20 who currently has the child enrolled continue that enrollment 89.21 unless the parties agree otherwise or a party requests a change 89.22 in coverage and the court determines that other health care 89.23 coverage is more appropriate. 89.24 (b) If a child is not presently enrolled in health care 89.25 coverage, upon motion of a party or the public authority, the 89.26 court must determine whether one or both parties have 89.27 appropriate health care coverage for the child and order the 89.28 party with appropriate health care coverage available to carry 89.29 the coverage for the child. 89.30 (c) If only one party has appropriate health care coverage 89.31 available, the court must order that party to carry the coverage 89.32 for the child. 89.33 (d) If both parties have appropriate health care coverage 89.34 available, the court must order the custodial parent to carry 89.35 the coverage for the child, unless: 89.36 (1) either party expresses a preference for coverage 90.1 available through the noncustodial parent; 90.2 (2) the noncustodial parent is already carrying dependent 90.3 health care coverage for other children and the cost of 90.4 contributing to the premiums of the custodial parent's coverage 90.5 would cause the noncustodial parent extreme hardship; or 90.6 (3) both parents agree to provide coverage and agree on the 90.7 allocation of costs. 90.8 If the exception in clause (1) or (2) applies, the court must 90.9 determine which party has the most appropriate coverage 90.10 available based on the best interests of the child and order 90.11 that party to carry coverage for the child. 90.12 (e) If neither party has appropriate health care coverage 90.13 available, the court must order the noncustodial parent to 90.14 contribute toward the cost of public coverage for the child or 90.15 the child's uninsured medical expenses in an amount equal to the 90.16 lesser of: 90.17 (1) five percent of gross income; or 90.18 (2) the monthly amount the noncustodial parent would pay 90.19 for the child's premiums if the parent's income meets the 90.20 eligibility requirements for public coverage. For purposes of 90.21 determining the premium amount, a parent's household size is 90.22 equal to the parent plus the child who is the subject of the 90.23 child support order. The court may order the custodial party to 90.24 apply for public coverage for the child. 90.25 Subd. 5. [CALCULATING MEDICAL SUPPORT; UNREIMBURSED 90.26 MEDICAL EXPENSES.] (a) The court must calculate the cost of 90.27 medical support on line 7 of the presumptive child support 90.28 worksheet under section 517C.16. Unless otherwise agreed by the 90.29 parties and approved by the court, the court must order that the 90.30 cost of health care coverage be divided between the obligor and 90.31 obligee based on their proportionate share of the parties' 90.32 combined gross income. 90.33 (b) If a party's obligation for health care coverage 90.34 premiums is greater than five percent of the party's gross 90.35 income, the court may order the other party to contribute more 90.36 for the cost of the premiums, if doing so would not result in 91.1 extreme hardship to that party. If an additional contribution 91.2 causes a party extreme hardship, the court must order the 91.3 obligor to contribute the lesser of the two amounts under 91.4 subdivision 4, paragraph (e). 91.5 (c) The court must order that all unreimbursed medical 91.6 expenses be divided between the obligor and obligee based on 91.7 their proportionate share of the parties' combined gross income. 91.8 Subd. 6. [ALLOCATING MEDICAL SUPPORT COSTS.] (a) If the 91.9 party ordered to carry health care coverage for the child 91.10 already carries dependent health care coverage for other 91.11 dependents and would incur no additional premium costs to add 91.12 the child to the existing coverage, the court must not order the 91.13 other party to contribute to the premium costs for coverage of 91.14 the child. 91.15 (b) If a party ordered to carry health care coverage for 91.16 the child does not already carry dependent health care coverage 91.17 but has other dependents who may be added to the ordered 91.18 coverage, the full premium costs of the dependent health care 91.19 coverage must be allocated between the parties in proportion to 91.20 the party's share of the parties' combined income available for 91.21 child support, unless the parties agree otherwise. 91.22 (c) If a party ordered to carry health care coverage for 91.23 the child is required to enroll in a health plan so that the 91.24 child can be enrolled in dependent health care coverage under 91.25 the plan, the court must allocate the costs of the dependent 91.26 health care coverage between the parties. The costs of the 91.27 health care coverage for the party ordered to carry the coverage 91.28 for the child must not be allocated between the parties. 91.29 Subd. 7. [NOTICE TO EMPLOYER BY PUBLIC AUTHORITY OR 91.30 COURT.] (a) A copy of the national medical support notice or 91.31 court order for health care coverage must be forwarded by the 91.32 public authority to the employer within two business days after 91.33 the date an employee is entered into the work reporting system 91.34 under section 256.998. 91.35 (b) If a party is ordered to carry health care coverage for 91.36 the child and the public authority provides support enforcement 92.1 services, the public authority must forward a copy of the 92.2 national medical support notice or notice of medical support 92.3 withholding to the party's employer or union and to the health 92.4 carrier when the conditions under paragraph (d) are met or when 92.5 ordered by the court. 92.6 (c) If the public authority does not provide support 92.7 enforcement services, the party seeking to enforce the order may 92.8 forward a copy of the court order for health care coverage for 92.9 the child to the employer or union of the party ordered to carry 92.10 coverage and to the health carrier when the conditions under 92.11 paragraph (d) are met or when ordered by the court. 92.12 (d) The public authority or party seeking to enforce the 92.13 order must forward a copy of the national medical support notice 92.14 or court order for health care coverage to the employer under 92.15 paragraphs (b) and (c) if: 92.16 (1) the party ordered to carry health care coverage for the 92.17 child fails to provide written proof to the other party or the 92.18 public authority, within 30 days of the effective date of the 92.19 court order, that health care coverage has been obtained for the 92.20 child; 92.21 (2) the other party or the public authority gives written 92.22 notice to the party ordered to carry health care coverage for 92.23 the child of intent to enforce medical support. The other party 92.24 or public authority must mail the written notice to the last 92.25 known address of the party ordered to carry health care coverage 92.26 for the child; and 92.27 (3) the party ordered to carry health care coverage for the 92.28 child fails, within 15 days after the date on which the written 92.29 notice under clause (2) was mailed, to provide written proof to 92.30 the other party or the public authority that the party has 92.31 obtained health care coverage for the child. 92.32 Subd. 8. [EFFECT OF ORDER.] (a) A new employer or union of 92.33 a party who is ordered to provide health care coverage for the 92.34 child must enroll the child in the party's health plan as 92.35 required by a national medical support notice or court order. 92.36 (b) If a health plan administrator receives a completed 93.1 national medical support notice, the plan administrator must 93.2 notify the public authority within 40 business days after the 93.3 date of the notice of the following: 93.4 (1) whether coverage is available to the child under the 93.5 terms of the health plan; 93.6 (2) whether the child is covered under the health plan; 93.7 (3) the effective date of the child's coverage under the 93.8 health plan; and 93.9 (4) what steps, if any, are required to effectuate the 93.10 child's coverage under the health plan. 93.11 (c) The plan administrator must also provide the public 93.12 authority and the parties with a notice of enrollment of the 93.13 child, description of the coverage, and any documents necessary 93.14 to effectuate coverage. 93.15 Subd. 9. [CONTESTING ENROLLMENT.] (a) A party may contest 93.16 the enrollment of a child in a health plan on the limited 93.17 grounds that the enrollment is improper due to mistake of fact 93.18 or that the enrollment meets the requirements of section 517C.26. 93.19 If the party chooses to contest the enrollment, the party must 93.20 do so no later than 15 days after the employer notifies the 93.21 party of the enrollment by doing the following: 93.22 (1) filing a request for hearing according to section 93.23 484.702; 93.24 (2) serving a copy of the request for hearing upon the 93.25 public authority and the other party; and 93.26 (3) securing a date for the matter to be heard no later 93.27 than 45 days after the notice of enrollment. 93.28 (b) The enrollment must remain in place while the party 93.29 contests the enrollment. 93.30 Subd. 10. [EMPLOYER OR UNION REQUIREMENTS.] (a) An 93.31 employer must send the national medical support notice to its 93.32 health plan within 20 business days after the date on the 93.33 national medical support notice. 93.34 (b) An employer or union that is included under the federal 93.35 Employee Retirement Income Security Act of 1974 (ERISA), United 93.36 States Code, title 29, section 1169(a), may not deny enrollment 94.1 to the child or to the parent if necessary to enroll the child 94.2 based on exclusionary clauses described in section 62A.048. 94.3 (c) Upon application of the party, or if a court orders a 94.4 party to carry health insurance coverage for a child, the 94.5 employer or union and its health plan must enroll the child as a 94.6 beneficiary in the health plan and withhold any required 94.7 premiums from the income or wages of the party ordered to carry 94.8 health care coverage for the child. 94.9 (d) If more than one plan is offered by the employer or 94.10 union and the national medical support notice or court order 94.11 does not specify the plan to be carried, the plan administrator 94.12 must notify the parents and the public authority. 94.13 (e) If the party ordered to carry health care coverage for 94.14 the child is not enrolled in the health plan, the employer or 94.15 union must also enroll the party in the chosen plan if 94.16 enrollment of the party is necessary to obtain dependent health 94.17 care coverage under the plan. 94.18 (f) Enrollment of dependents and, if necessary, the party 94.19 ordered to carry health care coverage for the child must be 94.20 immediate and not dependent upon open enrollment periods. 94.21 Enrollment is not subject to the underwriting policies under 94.22 section 62A.048. 94.23 (g) Failure of the party ordered to carry health care 94.24 coverage for the child to execute any documents necessary to 94.25 enroll the dependent in the health plan does not affect the 94.26 obligation of the employer or union and health plan to enroll 94.27 the dependent in a plan. Information and authorization provided 94.28 by the public authority, or by a party or guardian, is valid for 94.29 the purposes of meeting enrollment requirements of the health 94.30 plan. 94.31 Subd. 11. [EMPLOYER LIABILITY.] An employer or union that 94.32 willfully fails to comply with the order is liable for any 94.33 uninsured medical expenses incurred by the dependents while the 94.34 dependents were eligible to be enrolled in the health plan and 94.35 for any other premium costs incurred because the employer or 94.36 union willfully failed to comply with the order. An employer or 95.1 union that fails to comply with the order is subject to a 95.2 finding of contempt and a $250 civil penalty under section 95.3 517C.57 and is also subject to a civil penalty of $500 to be 95.4 paid to the party entitled to reimbursement or the public 95.5 authority. Penalties paid to the public authority are 95.6 designated for child support enforcement services. 95.7 Subd. 12. [DISENROLLMENT; CONTINUATION OF COVERAGE; 95.8 OPTIONS IN COVERAGE.] (a) A child for whom a party is required 95.9 to provide health care coverage under this section must be 95.10 covered as a dependent of the party until the child is 95.11 emancipated, until further order of the court, or as consistent 95.12 with the terms of the coverage. 95.13 (b) The health carrier, employer, or union may not 95.14 disenroll or eliminate coverage for the child unless: 95.15 (1) the health carrier, employer, or union is provided 95.16 satisfactory written evidence that the court order is no longer 95.17 in effect; 95.18 (2) the child is or will be enrolled in comparable health 95.19 care coverage through another health plan that will take effect 95.20 no later than the effective date of the disenrollment; 95.21 (3) the employee is no longer eligible for dependent 95.22 coverage; or 95.23 (4) the required premium has not been paid by or on behalf 95.24 of the child. 95.25 (c) If disenrollment or elimination of coverage of a child 95.26 under this subdivision is based upon nonpayment of premiums, the 95.27 health plan must provide 30 days' written notice to the child's 95.28 parents and the public authority, if the public authority is 95.29 providing support enforcement services, prior to the 95.30 disenrollment or elimination of coverage. 95.31 (d) A child enrolled in health care coverage under a 95.32 qualified medical child support order, including a national 95.33 medical support notice, under this section is a dependent and a 95.34 qualified beneficiary under the Consolidated Omnibus Budget and 95.35 Reconciliation Act of 1985 (COBRA), Public Law Number 99-272. 95.36 Upon expiration of the order, the child is entitled to the 96.1 opportunity to elect continued coverage that is available under 96.2 the health plan. Notice must be provided by the employer or 96.3 union to the parties and the public authority, if it provides 96.4 child support services, within ten days of the termination date. 96.5 (e) If the public authority provides support enforcement 96.6 services and a plan administrator reports to the public 96.7 authority that there is more than one coverage option available 96.8 under the health plan, the public authority, in consultation 96.9 with the parents, must promptly select coverage from the 96.10 available options. If the parents fail to cooperate in a 96.11 reasonable period of time, the public authority must select 96.12 coverage from the available health plan options. 96.13 Subd. 13. [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court 96.14 must require a noncustodial parent to provide dependent health 96.15 care coverage for the benefit of a custodial parent if the 96.16 noncustodial parent is ordered to provide dependent health care 96.17 coverage for the parties' child and adding the custodial parent 96.18 to the coverage results in no additional premium cost to the 96.19 noncustodial parent. 96.20 Subd. 14. [PLAN REIMBURSEMENT.] The signature of a parent 96.21 of the insured child is a valid authorization to a health plan 96.22 for purposes of processing an insurance reimbursement payment to 96.23 the provider of the medical services or to the parent if medical 96.24 services have been prepaid by that parent. 96.25 Subd. 15. [CORRESPONDENCE AND NOTICE.] The health plan 96.26 must send copies of all correspondence regarding the health care 96.27 coverage to both parents. 96.28 Subd. 16. [DISCLOSURE OF INFORMATION.] (a) Parties must 96.29 provide the public authority with the following information when 96.30 support enforcement services are provided: 96.31 (1) information relating to dependent health care coverage 96.32 or public coverage available for the benefit of the child for 96.33 whom support is sought, including all information required to be 96.34 included in a medical support order under this section; 96.35 (2) verification that application for court-ordered health 96.36 care coverage was made within 30 days of the court's order; and 97.1 (3) the reason that a child is not enrolled in 97.2 court-ordered health care coverage, if a child is not enrolled 97.3 in coverage or subsequently loses coverage. 97.4 (b) Upon request from the public authority under section 97.5 256.978, an employer, union, or plan administrator, including an 97.6 employer subject to the federal Employee Retirement Income 97.7 Security Act of 1974 (ERISA), United States Code, title 29, 97.8 section 1169(a), must provide the public authority the following 97.9 information: 97.10 (1) information relating to dependent health care coverage 97.11 available to a party for the benefit of the child for whom 97.12 support is sought, including all information required to be 97.13 included in a medical support order under this section; and 97.14 (2) information that will enable the public authority to 97.15 determine whether a health plan is appropriate for a child, 97.16 including, but not limited to, all available plan options, any 97.17 geographic service restrictions, and the location of service 97.18 providers. 97.19 (c) The employer, union, or plan administrator must not 97.20 release information regarding one party to the other party. The 97.21 employer, union, or plan administrator must provide both parties 97.22 with insurance identification cards and all necessary written 97.23 information to enable the parties to utilize the insurance 97.24 benefits for the covered dependents. 97.25 (d) The public authority is authorized to release to a 97.26 party's employer, union, or health plan information necessary to 97.27 obtain or enforce medical support. 97.28 (e) An employee must disclose to an employer if medical 97.29 support is required to be withheld under this section and the 97.30 employer must begin withholding according to the terms of the 97.31 order and under section 517C.52. If an employee discloses an 97.32 obligation to obtain health care coverage and coverage is 97.33 available through the employer, the employer must make all 97.34 application processes known to the individual and enroll the 97.35 employee and dependent in the plan under subdivision 10. 97.36 Subd. 17. [APPLICATION FOR CHILD SUPPORT ENFORCEMENT 98.1 SERVICES.] The public authority must take necessary steps to 98.2 establish and enforce an order for medical support if the child 98.3 receives public assistance or a party completes an application 98.4 for services from the public authority. 98.5 Subd. 18. [ENFORCEMENT.] (a) Remedies available for the 98.6 collection and enforcement of child support apply to medical 98.7 support. For the purpose of enforcement, the costs of 98.8 individual or group health or hospitalization coverage, dental 98.9 coverage, all medical costs ordered by the court to be paid by 98.10 either party, including health and dental insurance premiums 98.11 paid by the obligee because of the obligor's failure to obtain 98.12 coverage as ordered, or liabilities established under this 98.13 subdivision, are additional support. 98.14 (b) If a party owes a basic support obligation for a child 98.15 and is ordered to carry health care coverage for the child, and 98.16 the other party is ordered to contribute to the carrying party's 98.17 cost for coverage, the carrying party's basic support payment 98.18 must be reduced by the amount of the contributing party's 98.19 contribution. 98.20 (c) If a party owes a basic support obligation for a child 98.21 and is ordered to contribute to the other party's cost for 98.22 carrying health care coverage for the child, the contributing 98.23 party's basic support payment must be increased by the amount of 98.24 the contribution. 98.25 (d) If a party owes no basic support obligation for a child 98.26 and is ordered to contribute to the other party's cost for 98.27 carrying health care coverage for the child, the contributing 98.28 party is subject to income withholding under section 517C.52 for 98.29 the amount of the contribution to the carrying party's cost for 98.30 health care coverage for the child. 98.31 (e) If a party's court-ordered health care coverage for the 98.32 child terminates and the child is not enrolled in other health 98.33 care coverage or public coverage, and a modification motion is 98.34 not pending, the public authority may remove the offset to the 98.35 basic support obligation or terminate income withholding 98.36 instituted against a custodial party under section 517C.52. The 99.1 public authority must provide notice to the parties of the 99.2 action taken. 99.3 (f) A party may contest the action of the public authority 99.4 to remove the offset to the basic support obligation or 99.5 terminate income withholding if the party makes a written 99.6 request for a hearing within 30 days after receiving written 99.7 notice. If a party makes a timely request for a hearing, the 99.8 public authority must schedule a hearing and give written notice 99.9 of the hearing to the parties at least 14 days before the 99.10 hearing. The written notice of the hearing must be sent by mail 99.11 to the parties' last known addresses. The hearing must be 99.12 conducted in district court or in the expedited child support 99.13 process if section 484.702 applies. The district court or child 99.14 support magistrate must determine whether removal of the offset 99.15 or termination of income withholding is appropriate and, if 99.16 appropriate, the effective date for the removal or termination. 99.17 If the party does not request a hearing, the court must order 99.18 the offset or termination effective the first day of the month 99.19 following termination of the child's health care coverage. 99.20 (g) A party who fails to carry court-ordered dependent 99.21 health care coverage is liable for the child's uninsured medical 99.22 expenses unless a court order provides otherwise. A party's 99.23 failure to carry court-ordered coverage, or to provide other 99.24 medical support as ordered, is a basis for modification of a 99.25 support order under section 517C.28. 99.26 (h) Payments by the health carrier or employer for services 99.27 rendered to the dependents that are directed to a party not owed 99.28 reimbursement must be endorsed over to and forwarded to the 99.29 vendor or appropriate party or the public authority. A party 99.30 retaining insurance reimbursement not owed to the party is 99.31 liable for the amount of the reimbursement. 99.32 Subd. 19. [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL 99.33 EXPENSES.] (a) A request for reimbursement of unreimbursed and 99.34 uninsured medical expenses must be initiated within two years of 99.35 the date that the unreimbursed or uninsured medical expenses 99.36 were incurred. The time period in this paragraph does not apply 100.1 if the location of the other parent is unknown. 100.2 (b) A party seeking reimbursement of unreimbursed and 100.3 uninsured medical expenses must mail the other party written 100.4 notice of intent to collect the expenses and an affidavit of 100.5 health care expenses to the other party at the party's last 100.6 known address. The affidavit of health care expenses must 100.7 itemize and document the child's unreimbursed or uninsured 100.8 medical expenses. A copy of the bills, receipts, and the 100.9 insurance company's explanation of the benefits must be attached 100.10 to the affidavit. The written notice must include a statement 100.11 that the party has 30 days from the date of mailing the notice 100.12 to pay in full, enter a payment agreement, or file a motion 100.13 requesting a hearing contesting the matter. If the public 100.14 authority provides support enforcement services, the written 100.15 notice also must include a statement that the requesting party 100.16 must submit the amount due to the public authority for 100.17 collection. 100.18 (c) If, after 30 days, the other party has not paid in 100.19 full, the parties are unable to enter a payment agreement, or 100.20 the other party has not filed a motion contesting the matter, 100.21 and: 100.22 (1) if the public authority provides support enforcement 100.23 services, the requesting party must send the original affidavit, 100.24 a copy of the written notice, and copies of the bills, receipts, 100.25 and the insurance company's explanation of the benefits to the 100.26 public authority. The public authority must serve the other 100.27 party with a notice of intent to enforce unreimbursed and 100.28 uninsured medical expenses and file an affidavit of service by 100.29 mail with the district court administrator. The notice must 100.30 provide that, unless the other party pays in full, enters into a 100.31 payment agreement, or files a motion contesting the matter 100.32 within 14 days of service of the notice, the public authority 100.33 will commence enforcement under subdivision 20; or 100.34 (2) if the public authority does not provide support 100.35 enforcement services, the requesting party may move the court 100.36 for enforcement. 101.1 (d) If the party who receives notice under paragraph (b) or 101.2 (c), clause (1), files a timely motion for a hearing contesting 101.3 the requested reimbursement, a hearing must be scheduled in 101.4 district court or in the expedited child support process if 101.5 section 484.702 applies. The contesting party must provide the 101.6 party seeking reimbursement and the public authority, if the 101.7 public authority provides support enforcement services, with 101.8 written notice of the hearing at least 14 days before the 101.9 hearing by mailing notice of the hearing to the public authority 101.10 and the party at the party's last known address. The party 101.11 seeking reimbursement must file the original affidavit of health 101.12 care expenses with the court at least five days before the 101.13 hearing. Based upon the evidence presented, the court must 101.14 determine liability for the expenses and order that the liable 101.15 party is subject to enforcement of the expenses as medical 101.16 support arrears under subdivision 20. 101.17 Subd. 20. [ENFORCING AN ORDER FOR MEDICAL SUPPORT 101.18 ARREARS.] (a) If a party liable for unreimbursed and uninsured 101.19 medical expenses under subdivision 19 owes a basic support 101.20 obligation to the party seeking reimbursement of the expenses, 101.21 the expenses must be collected as medical support arrears as 101.22 follows: 101.23 (1) if income withholding under section 517C.52 is 101.24 available, medical support arrears must be withheld from a 101.25 liable party's income or wages pursuant to section 517C.60; or 101.26 (2) if income withholding under section 517C.52 is not 101.27 available, a liable party must pay medical support arrears under 101.28 the terms of a payment agreement under section 517C.71. If a 101.29 liable party fails to enter into or comply with a payment 101.30 agreement, the party seeking reimbursement or the public 101.31 authority, if it provides support enforcement services, may 101.32 schedule a hearing to have a court order payment. The party 101.33 seeking reimbursement or the public authority must provide the 101.34 liable party with written notice of the hearing at least 14 days 101.35 before the hearing. 101.36 (b) If a party liable for unreimbursed and uninsured 102.1 medical expenses does not owe a basic support obligation to the 102.2 party seeking reimbursement, and the party seeking reimbursement 102.3 owes the liable party child support arrears, the liable party's 102.4 medical support arrears under subdivision 19 must be deducted 102.5 from the amount of the child support arrears. If a liable party 102.6 owes medical support arrears after deducting the amount owed 102.7 from the amount of the child support arrears owed by the party 102.8 seeking reimbursement, it must be collected as follows: 102.9 (1) if the party seeking reimbursement owes a basic support 102.10 obligation to the liable party, the basic support obligation 102.11 must be reduced by 20 percent until the medical support arrears 102.12 are satisfied; 102.13 (2) if the party seeking reimbursement does not owe a basic 102.14 support obligation to the liable party, the liable party's 102.15 income must be subject to income withholding under section 102.16 517C.52 for an amount required under section 517C.71 until the 102.17 medical support arrears are satisfied; or 102.18 (3) if the party seeking reimbursement does not owe a basic 102.19 support obligation, and income withholding under section 517C.52 102.20 is not available, payment of the medical support arrears must be 102.21 required under a payment agreement under section 517C.71. 102.22 Sec. 14. [517C.16] [PRESUMPTIVE CHILD SUPPORT WORKSHEET.] 102.23 The court must use the following worksheet to determine the 102.24 presumptive child support order: 102.25 1. Monthly Income: 102.26 a. Obligor: ....... 102.27 b. Obligee: ....... 102.28 2. Parents' Combined Income: line 1a plus line 1b: ..... 102.29 3. Parental Share: 102.30 a. Obligor: line 1a divided by line 2: ....... 102.31 b. Obligee: line 1b divided by line 2: ....... 102.32 4. Basic Needs: 102.33 a. Shared Responsibility: 102.34 Parents combined monthly income 102.35 x .09 102.36 + 300 103.1 =....... (one child) 103.2 x 1.61 (two children)= ....... 103.3 x 1.86 (three children)= ....... 103.4 x 2.06 (four children)= ....... 103.5 x 2.26 (five children)= ....... 103.6 x 2.46 (six children)= ....... 103.7 b. Obligor Proportionate Responsibility: line 3a 103.8 multiplied by line 4a: ....... 103.9 c. Obligee Proportionate Responsibility: line 3b 103.10 multiplied by line 4a: ....... 103.11 5. Basic Needs Obligation After Parenting Time Adjustment: 103.12 Parenting time division approximates joint physical custody: 103.13 Line 4b 103.14 - Line 4c 103.15 x .5 103.16 = ..... 103.17 6. Child Care Needs (complete appropriate section): 103.18 a. Obligor paying for child care: cost of child care 103.19 (.......) multiplied by line 3b: ....... (deduct from support 103.20 obligation) 103.21 b. Obligee paying for child care or obligor's income 103.22 exceeds eligibility requirements for basic sliding fee child 103.23 care; not receiving basic sliding fee child care: cost of child 103.24 care (.......) multiplied by line 3a: ........ 103.25 c. Obligee receiving basic sliding fee child care: order 103.26 reimbursement to the state in an amount equal to copayment 103.27 obligor would make, based on line 1a, if obligor was receiving 103.28 basic sliding fee child care: ....... 103.29 7. Medical Support (complete appropriate section): 103.30 a. Obligor providing health care coverage: line 3b 103.31 multiplied by cost of health care coverage: ....... (deduct 103.32 from support obligation) 103.33 b. Obligee providing health care coverage: line 3a 103.34 multiplied by cost of health care coverage: ....... 103.35 c. Obligor and obligee do not have appropriate health care 103.36 coverage: obligor must pay the lesser of the following amounts: 104.1 (i) the monthly premium amount obligor would pay if 104.2 obligor's income meets the income eligibility requirements for 104.3 public coverage: ....... or 104.4 (ii) five percent of obligor's monthly gross income, if 104.5 obligor's income does not meet the eligibility requirements for 104.6 public coverage: ....... 104.7 8. Presumed child support amount: add (or subtract, when 104.8 appropriate) amounts from lines 5, 6, and 7: ....... 104.9 Sec. 15. [517C.17] [DEVIATIONS.] 104.10 Subdivision 1. [GENERAL FACTORS.] In addition to the child 104.11 support guidelines, the court must take into consideration the 104.12 following factors in setting or modifying child support or in 104.13 determining whether to deviate from the guidelines: 104.14 (1) all earnings, income, and resources of the parents, 104.15 including real and personal property, but excluding income from 104.16 excess employment of the obligor or obligee that meets the 104.17 criteria of section 517C.12, subdivision 5; 104.18 (2) the financial needs and resources, physical and 104.19 emotional condition, and educational needs of the child to be 104.20 supported; 104.21 (3) the standard of living the child would have enjoyed had 104.22 the marriage not been dissolved, but recognizing that the 104.23 parents now have separate households; 104.24 (4) which parent receives the income taxation dependency 104.25 exemption and the financial benefit the parent receives from it; 104.26 (5) the parents' debts as provided in subdivision 2; 104.27 (6) the obligor's receipt of public assistance under the 104.28 AFDC program formerly codified under sections 256.72 to 256.82 104.29 or 256B.01 to 256B.40 and chapter 256J or 256K; and 104.30 (7) the obligor exercises a substantial amount of parenting 104.31 time pursuant to a court order or with the consent of the 104.32 obligee. 104.33 Subd. 2. [DEBT.] In establishing or modifying a support 104.34 obligation, the court may consider debts owed to private 104.35 creditors, but only if: 104.36 (1) the right to support has not been assigned under 105.1 section 256.741; 105.2 (2) the court determines that the debt was reasonably 105.3 incurred for necessary support of the child or parent or for the 105.4 necessary generation of income. If the debt was incurred for 105.5 the necessary generation of income, the court may consider only 105.6 the amount of debt that is essential to the continuing 105.7 generation of income; and 105.8 (3) the party requesting a departure produces a sworn 105.9 schedule of the debts, with supporting documentation, showing 105.10 goods or services purchased, the recipient of them, the amount 105.11 of the original debt, the outstanding balance, the monthly 105.12 payment, and the number of months until the debt will be fully 105.13 paid. 105.14 (b) A schedule prepared under paragraph (a), clause (3), 105.15 must contain a statement that the debt will be fully paid after 105.16 the number of months shown in the schedule, barring emergencies 105.17 beyond the party's control. 105.18 (c) Any further departure below the guidelines that is 105.19 based on a consideration of debts owed to private creditors must 105.20 not exceed 18 months in duration. After 18 months the support 105.21 must increase automatically to the level ordered by the court. 105.22 This section does not prohibit one or more step increases in 105.23 support to reflect debt retirement during the 18-month period. 105.24 (d) If payment of debt is ordered pursuant to this section, 105.25 the payment must be ordered to be in the nature of child support. 105.26 Subd. 3. [EVIDENCE.] The court may receive evidence on the 105.27 factors in this section to determine if the guidelines should be 105.28 exceeded or modified in a particular case. 105.29 Subd. 4. [NO DEVIATION WHEN PAYMENTS ARE MADE TO THE 105.30 PUBLIC AUTHORITY EXCEPT FOR EXTREME HARDSHIP.] If the child 105.31 support payments are assigned to the public authority, the court 105.32 may not deviate downward from the child support guidelines 105.33 unless the court specifically finds that the failure to deviate 105.34 downward would impose an extreme hardship on the obligor. 105.35 Subd. 5. [NO DEPARTURE BASED ON JOINT LEGAL CUSTODY.] An 105.36 award of joint legal custody is not a reason for departure from 106.1 the guidelines. 106.2 Sec. 16. [517C.18] [WRITTEN FINDINGS.] 106.3 Subdivision 1. [NO DEVIATION.] If the court does not 106.4 deviate from the guidelines, the court must make written 106.5 findings concerning the amount of the parties' income used as 106.6 the basis for the guidelines calculation and any other 106.7 significant evidentiary factors affecting the determination of 106.8 child support. 106.9 Subd. 2. [DEVIATION.] (a) If the court deviates from the 106.10 guidelines, the court must make written findings giving the 106.11 amount of support calculated under the guidelines, the reasons 106.12 for the deviation, and must specifically address the criteria in 106.13 section 517C.17 and how the deviation serves the best interests 106.14 of the child. 106.15 (b) The court may deviate from the guidelines if both 106.16 parties agree and the court makes written findings that it is in 106.17 the best interests of the child, except that in cases where 106.18 child support payments are assigned to the public authority 106.19 under section 256.741, the court may deviate downward only as 106.20 provided in section 517C.17, subdivision 4. Nothing in this 106.21 section prohibits the court from deviating in other cases. 106.22 Subd. 3. [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 106.23 provisions of this section apply whether or not the parties are 106.24 each represented by independent counsel and have entered into a 106.25 written agreement. The court must review stipulations presented 106.26 to it for conformity to the guidelines. The court is not 106.27 required to conduct a hearing, but the parties must provide the 106.28 documentation of earnings required under section 517C.10. 106.29 Sec. 17. [517C.19] [GUIDELINES REVIEW.] 106.30 No later than 2002 and every four years after that, the 106.31 department of human services must conduct a review of the child 106.32 support guidelines. 106.33 Sec. 18. [517C.20] [EDUCATION TRUST FUND.] 106.34 The parties may agree to designate a sum of money above 106.35 court-ordered child support as a trust fund for the costs of 106.36 post-secondary education. 107.1 Sec. 19. [517C.25] [MODIFICATION; GENERAL.] 107.2 Subdivision 1. [AUTHORITY.] After a child support order is 107.3 established, the court may, on motion of a party, modify the 107.4 order respecting the amount and payment of support. The court 107.5 may make an order respecting any matters it had authority to 107.6 address in the original proceeding, except as otherwise provided 107.7 in section 517C.29. A party or the public authority also may 107.8 make a motion for contempt of court if the obligor is in arrears 107.9 in support payments. 107.10 Subd. 2. [GUIDELINES REMAIN APPLICABLE.] On a motion for 107.11 modification of support, the guidelines in this chapter remain 107.12 applicable. 107.13 Subd. 3. [EVIDENTIARY HEARING NOT REQUIRED.] The court 107.14 need not hold an evidentiary hearing on a motion for 107.15 modification of child support. 107.16 Subd. 4. [FORM.] The state court administrator must 107.17 prepare and make available to courts, obligors, and obligees a 107.18 form to be submitted in support of a motion for a modification 107.19 of child support or for contempt of court. 107.20 Sec. 20. [517C.26] [REOPENING AN ORDER.] 107.21 Subdivision 1. [FACTORS.] Upon the motion of a party, the 107.22 court may rescind a child support order or judgment and may 107.23 issue a new order or grant other relief as may be just for the 107.24 following reasons: 107.25 (1) mistake, inadvertence, surprise, or excusable neglect; 107.26 (2) newly discovered evidence that could not have been 107.27 discovered by due diligence in time to move for a new trial 107.28 under the rules of civil procedure; 107.29 (3) fraud, whether denominated intrinsic or extrinsic, 107.30 misrepresentation, or other misconduct of an adverse party; 107.31 (4) the judgment or order is void; 107.32 (5) the judgment has been satisfied, released, or 107.33 discharged; 107.34 (6) the judgment is based on a prior order that has been 107.35 reversed or otherwise vacated; or 107.36 (7) it is no longer equitable that the order should have 108.1 prospective application. 108.2 Subd. 2. [PROCEDURE; EFFECT.] The motion must be made 108.3 within a reasonable time, and, for a reason under subdivision 1, 108.4 clause (1), (2), or (3), not more than one year after the 108.5 judgment and decree, order, or proceeding was entered or taken. 108.6 A motion under this section does not affect the finality of an 108.7 order or suspend its operation. This section does not limit the 108.8 power of a court to entertain an independent action to relieve a 108.9 party from an order or proceeding or to grant relief to a party 108.10 not actually personally notified as provided in the rules of 108.11 civil procedure, or to set aside a judgment for fraud upon the 108.12 court. 108.13 Sec. 21. [517C.27] [CHANGE IN CUSTODY OR PARENTING TIME.] 108.14 Subdivision 1. [OFFICIAL CHANGE IN CUSTODY.] If a 108.15 custodial parent has been granted sole physical custody of a 108.16 child, the child subsequently lives with the noncustodial 108.17 parent, and temporary sole physical custody has been approved by 108.18 the court or by a court-appointed referee, the court may suspend 108.19 the noncustodial parent's child support obligation pending the 108.20 final custody determination. The court's order denying the 108.21 suspension of child support must include a written explanation 108.22 of the reasons why continuation of the child support obligation 108.23 would be in the best interests of the child. 108.24 Subd. 2. [UNOFFICIAL CHANGE IN CUSTODY.] The court may 108.25 conclude that an obligor has satisfied a child support 108.26 obligation by providing a home, care, and support for the child 108.27 while the child is living with the obligor, if the court finds 108.28 that the child was integrated into the family of the obligor 108.29 with the consent of the obligee and child support payments were 108.30 not assigned to the public authority. 108.31 Subd. 3. [30-DAY CHANGE.] A support order issued under 108.32 this chapter may provide that during any period of time of 30 108.33 consecutive days or longer that the child is residing with the 108.34 noncustodial parent, the amount of support otherwise due under 108.35 the order may be reduced. 108.36 Sec. 22. [517C.28] [SUBSTANTIAL CHANGE IN CIRCUMSTANCES, 109.1 EARNINGS, OR NEEDS.] 109.2 Subdivision 1. [FACTORS.] The terms of a child support 109.3 order may be modified upon a showing of one or more of the 109.4 following: 109.5 (1) substantially increased or decreased earnings of a 109.6 party; 109.7 (2) substantially increased or decreased need of a party or 109.8 the child that is the subject of these proceedings; 109.9 (3) receipt of assistance under the AFDC program formerly 109.10 codified under sections 256.72 to 256.87 or 256B.01 to 256B.40 109.11 or chapter 256J or 256K; 109.12 (4) a change in the cost of living for either party, as 109.13 measured by the federal Bureau of Statistics, that makes the 109.14 terms unreasonable and unfair; 109.15 (5) extraordinary medical expenses of the child not 109.16 provided for under section 517C.15; 109.17 (6) the addition of work-related or education-related child 109.18 care expenses of the obligee or a substantial increase or 109.19 decrease in existing work-related or education-related child 109.20 care expenses; or 109.21 (7) upon the emancipation of a child if there is still a 109.22 child under the order. A child support obligation for two or 109.23 more children that is not a support obligation in a specific 109.24 amount per child continues in the full amount until modified or 109.25 until the emancipation of the last child for whose benefit the 109.26 order was made. 109.27 Subd. 2. [PRESUMPTIONS.] It is presumed that there has 109.28 been a substantial change in circumstances under subdivision 1 109.29 and the terms of a current support order are rebuttably presumed 109.30 to be unreasonable and unfair if: 109.31 (1) when applied to the current circumstances of the 109.32 parties, the presumptive child support amount derived under this 109.33 chapter is at least 20 percent and at least $50 per month higher 109.34 or lower than the current support order; 109.35 (2) the medical support provisions of the order established 109.36 under section 517C.15 are not enforceable by the public 110.1 authority or the obligee; 110.2 (3) health insurance coverage ordered under section 517C.15 110.3 is not available to the child for whom the order is established 110.4 by the parent ordered to provide it; or 110.5 (4) the existing support obligation is in the form of a 110.6 statement of percentage and not a specific dollar amount. 110.7 Subd. 3. [SUBSEQUENT CHILD.] The needs of a subsequent 110.8 child must not be factored into a support guidelines 110.9 calculation. The fact that an obligor had an additional child 110.10 after the entry of a child support order is not grounds for a 110.11 modification to decrease the amount of support owed. However, 110.12 the fact that an obligor has a subsequent child must be 110.13 considered in response to a request by an obligee for a 110.14 modification to increase child support. In order to deviate 110.15 from the presumptive support amount derived under this chapter 110.16 to consider the needs of a subsequent child, the trial court 110.17 must: 110.18 (1) find the obligor's total ability to contribute to 110.19 dependent children, taking into account the obligor's income and 110.20 reasonable expenses exclusive of child care. The obligor's 110.21 expenses must be: 110.22 (i) reduced as appropriate to take into account 110.23 contributions to those costs by other adults who share the 110.24 obligor's current household; and 110.25 (ii) apportioned between the parent and a subsequent child 110.26 with regard to shared benefits, including, but not limited to, 110.27 housing and transportation; 110.28 (2) find the total needs of all the obligor's children, and 110.29 if these needs are less than the obligor's ability to pay, the 110.30 needs may become the obligor's child support obligation. When 110.31 considering the needs of a subsequent child, the trial court 110.32 must reduce those amounts as appropriate to take into account 110.33 the ability to contribute to those needs by another parent of 110.34 the child; 110.35 (3) make specific findings on the needs of the child or 110.36 children who are the subject of the support order under 111.1 consideration; and 111.2 (4) exercise discretion to fairly determine the current 111.3 support obligation and the contribution left available for other 111.4 children, considering that the support obligation being 111.5 determined should be in an amount at least equal to the 111.6 contribution for a subsequent child. 111.7 Sec. 23. [517C.29] [MODIFICATION EFFECTIVE DATE.] 111.8 Subdivision 1. [DATE OF MOTION DETERMINATIVE.] A 111.9 modification of support, including interest that accrued 111.10 pursuant to section 548.091, may be made effective no sooner 111.11 than the date of service of notice of the motion for 111.12 modification on the responding parties. 111.13 Subd. 2. [RETROACTIVE MODIFICATION PERMITTED ONLY IN 111.14 LIMITED CIRCUMSTANCES.] Notwithstanding subdivision 1, 111.15 modification may be applied to an earlier period if the court 111.16 makes express findings that: 111.17 (1) the party seeking modification was precluded from 111.18 serving a motion by reason of a significant physical or mental 111.19 disability, a material misrepresentation of another party, or 111.20 fraud upon the court; and the party seeking modification, when 111.21 no longer precluded, promptly served a motion; 111.22 (2) the party seeking modification was a recipient of 111.23 federal Supplemental Security Income (SSI), Title II Older 111.24 Americans Insurance, Survivor's Disability Insurance (OASDI), 111.25 other disability benefits, or public assistance based upon need 111.26 during the period for which retroactive modification is sought; 111.27 or 111.28 (3) the order the party seeks to amend was entered by 111.29 default, the party shows good cause for not appearing, and the 111.30 record contains no factual evidence, or clearly erroneous 111.31 evidence, regarding the obligor's ability to pay. 111.32 Subd. 3. [CHILD CARE EXCEPTION.] The court may provide 111.33 that a reduction in the amount allocated for child care expenses 111.34 based on a substantial decrease in the expenses is effective as 111.35 of the date the expenses decreased. 111.36 Sec. 24. [517C.30] [TERMINATION OF CHILD SUPPORT.] 112.1 Subdivision 1. [DEATH OF OBLIGOR.] Unless otherwise agreed 112.2 in writing or expressly provided in the order, provisions for 112.3 the support of a child are not terminated by the death of a 112.4 parent obligated to support the child. When a parent obligated 112.5 to pay support dies, the amount of support may be modified, 112.6 revoked, or commuted to a lump sum payment, to the extent just 112.7 and appropriate in the circumstances. 112.8 Subd. 2. [AUTOMATIC TERMINATION.] (a) Unless a court order 112.9 provides otherwise, a child support obligation in a specific 112.10 amount per child terminates automatically and without any action 112.11 by the obligor to reduce, modify, or terminate the order upon 112.12 the emancipation of the child. 112.13 (b) A child support obligation for two or more children 112.14 that is not a support obligation in a specific amount per child 112.15 continues in the full amount until the emancipation of the last 112.16 child for whose benefit the order was made, or until further 112.17 order of the court. 112.18 (c) The obligor may request a modification of the obligor's 112.19 child support order upon the emancipation of a child if there 112.20 are still minor children under the order. The child support 112.21 obligation shall be determined based on the income of the 112.22 parties at the time the modification is sought. 112.23 Sec. 25. [517C.31] [COST-OF-LIVING ADJUSTMENTS.] 112.24 Subdivision 1. [GENERAL.] An order for child support must 112.25 provide for a biennial adjustment in the amount to be paid based 112.26 on a change in the cost of living. Cost-of-living adjustments 112.27 are compounded. 112.28 Subd. 2. [REQUEST FOR COST-OF-LIVING CLAUSE.] If an 112.29 existing support order does not contain a cost-of-living clause, 112.30 the obligee or public authority may request one. A motion for 112.31 enforcement or modification of an existing support order must 112.32 include a request for a cost-of-living clause if the existing 112.33 support order does not contain one. 112.34 Subd. 3. [WAIVER.] A court may waive the requirement of 112.35 the cost-of-living clause if it expressly finds that the 112.36 obligor's occupation or income, or both, does not provide for 113.1 cost-of-living adjustment or that the order for child support 113.2 has a provision such as a step increase that has the effect of a 113.3 cost-of-living clause. 113.4 Subd. 4. [INDEX; AMOUNT.] (a) An order that provides for a 113.5 cost-of-living adjustment must specify the cost-of-living index 113.6 to be applied. The court may use the Consumer Price Index for 113.7 All Urban Consumers, Minneapolis-St. Paul (CPI-U), the Consumer 113.8 Price Index for Wage Earners and Clerical, Minneapolis-St. Paul 113.9 (CPI-W), or another cost-of-living index published by the 113.10 department of labor that the court specifically finds is more 113.11 appropriate. 113.12 (b) The court may increase the amount by more than the 113.13 cost-of-living adjustment by agreement of the parties or by 113.14 making further findings. 113.15 Subd. 5. [EFFECTIVE DATE.] If payment is made to the 113.16 public authority, an adjustment is effective on May 1 of the 113.17 year it is made. If payment is not made to the public 113.18 authority, an adjustment may be made in any month but no 113.19 adjustment may be made sooner than two years after the date of 113.20 the dissolution decree. A support order must specify the 113.21 effective date of cost-of-living adjustments. 113.22 Subd. 6. [CONDITIONS.] A cost-of-living adjustment may not 113.23 be made unless: 113.24 (1) the support order requires it; and 113.25 (2) the obligee or public authority notifies the obligor of 113.26 the adjustment by mail at the obligor's last known address at 113.27 least 20 days before the effective date of the adjustment. The 113.28 notice must inform the obligor of the effective date of the 113.29 adjustment, the right to contest the adjustment, and the 113.30 permissible grounds to contest the adjustment. 113.31 Subd. 7. [CONTEST; GROUNDS; HEARING.] (a) To contest a 113.32 cost-of-living adjustment, an obligor must request a hearing 113.33 before the effective date of the adjustment. The request for a 113.34 hearing must be made to the court and served on the other 113.35 parties. The obligor may make an ex parte motion to stay 113.36 imposition of the adjustment pending outcome of the hearing. 114.1 (b) An obligor may contest a cost-of-living adjustment on 114.2 the grounds that the obligor has an insufficient increase in 114.3 income to fulfill the adjusted child support obligation. 114.4 (c) At a hearing, if the obligor establishes an 114.5 insufficient increase in income to fulfill the adjusted child 114.6 support obligation, the court may direct that all or part of the 114.7 adjustment not take effect. 114.8 (d) At a hearing, if the obligor does not establish an 114.9 insufficient increase in income, the adjustment must take effect 114.10 as of the date originally specified in the support order. 114.11 Subd. 8. [FORM.] The department of human services must 114.12 prepare and make available to the court and obligors a form to 114.13 be submitted in support of a request for a hearing under this 114.14 section. 114.15 Subd. 9. [RULES.] The commissioner of human services may 114.16 promulgate rules for child support adjustments under this 114.17 section in accordance with the rulemaking provisions of chapter 114.18 14. 114.19 Sec. 26. [517C.35] [ASSIGNMENT.] 114.20 Subdivision 1. [GENERAL.] The court must direct that all 114.21 payments ordered for support be made to the public authority if 114.22 the obligee is receiving or has applied for public assistance. 114.23 Amounts received by the public authority greater than the amount 114.24 granted to the obligee must be remitted to the obligee pursuant 114.25 to federal requirements. 114.26 Subd. 2. [JUDGMENTS.] The court administrator must enter 114.27 and docket a judgment obtained by operation of law under section 114.28 548.091, subdivision 1, in the name of the public authority to 114.29 the extent that the obligation has been assigned. When arrears 114.30 are reduced to judgment and section 548.091 is not applicable, 114.31 the court must grant judgment in favor of, and in the name of, 114.32 the public authority to the extent that the arrears are 114.33 assigned. The public authority must file notice of an 114.34 assignment with the court administrator, who must enter the 114.35 notice in the docket. The public authority may then enforce a 114.36 judgment entered before the assignment of rights as if the 115.1 judgment were granted to it, and in its name, to the extent that 115.2 the arrears in that judgment are assigned. 115.3 Subd. 3. [PROPERTY LIEN.] The court may make any child 115.4 support order a lien or charge upon the property of the obligor, 115.5 either at the time of the entry of the judgment or by subsequent 115.6 order upon proper application. 115.7 Sec. 27. [517C.36] [PARTY STATUS.] 115.8 Subdivision 1. [WHEN A PARTY RECEIVES PUBLIC 115.9 ASSISTANCE.] The public authority is joined as a party if the 115.10 obligee is receiving, or subsequently applies for, public 115.11 assistance and rights are assigned under section 256.741, 115.12 subdivision 2. 115.13 Subd. 2. [NO PUBLIC ASSISTANCE; APPLICATION FOR SERVICES.] 115.14 If the obligee is not receiving public assistance, but has 115.15 applied for child support services, the public authority has a 115.16 pecuniary interest, as well as an interest in the welfare of a 115.17 child. The public authority may intervene as a matter of right 115.18 in those cases to ensure that child support orders are obtained, 115.19 enforced, and provide for an appropriate and accurate level of 115.20 child, medical, and child care support. If the public authority 115.21 participates in a case where the action taken by the public 115.22 authority requires the use of an attorney's services, the public 115.23 authority must be represented by an attorney consistent with the 115.24 provisions in section 517C.37. 115.25 Sec. 28. [517C.37] [ROLE OF THE PUBLIC AUTHORITY.] 115.26 Subdivision 1. [PUBLIC AUTHORITY DOES NOT REPRESENT 115.27 OBLIGOR OR OBLIGEE.] The provision of services under the child 115.28 support enforcement program that includes services by an 115.29 attorney or an attorney's representative employed by, under 115.30 contract to, or representing the public authority does not 115.31 create an attorney-client relationship with any party other than 115.32 the public authority. Attorneys employed by or under contract 115.33 with the public authority have an affirmative duty to inform 115.34 applicants and recipients of services under the child support 115.35 enforcement program that no attorney-client relationship exists 115.36 between the attorney and the applicant or recipient. This 116.1 section applies to all legal services provided by the child 116.2 support enforcement program. 116.3 Subd. 2. [WRITTEN NOTICE.] The public authority must 116.4 provide written notice to an applicant or recipient of services 116.5 that: 116.6 (1) no attorney-client relationship exists between the 116.7 attorney and the applicant or recipient; 116.8 (2) the rights of the individual as a subject of data are 116.9 controlled by section 13.04, subdivision 2; and 116.10 (3) the individual has a right to have an attorney 116.11 represent the individual. 116.12 Subd. 3. [POWER TO REPRESENT OTHER PUBLIC 116.13 AUTHORITIES.] The public authority may act on behalf of a public 116.14 authority from another jurisdiction. This includes the 116.15 authority to represent the legal interests of, or execute 116.16 documents on behalf of, the other public authority in connection 116.17 with the establishment, enforcement, and collection of child 116.18 support and collection on judgments. 116.19 Sec. 29. [517C.38] [SERVICE FEES.] 116.20 Subdivision 1. [OBLIGOR FEE.] When the public authority 116.21 provides child support collection services either to a public 116.22 assistance recipient or to a party who does not receive public 116.23 assistance, the public authority may upon written notice to the 116.24 obligor charge a monthly collection fee equivalent to the full 116.25 monthly cost to the county of providing collection services, in 116.26 addition to the amount of the child support ordered by the 116.27 court. The fee must be deposited in the county general fund. 116.28 The service fee assessed is limited to ten percent of the 116.29 monthly court ordered child support and must not be assessed to 116.30 obligors who are current in payment of the monthly court ordered 116.31 child support. 116.32 Subd. 2. [OBLIGEE FEE.] An application fee of $25 must be 116.33 paid by the person who applies for child support and maintenance 116.34 collection services, except persons who are receiving public 116.35 assistance as defined in section 256.741, persons who transfer 116.36 from public assistance to nonpublic assistance status, and minor 117.1 parents and parents enrolled in a public secondary school, area 117.2 learning center, or alternative learning program approved by the 117.3 commissioner of children, families, and learning. 117.4 Subd. 3. [TAX INTERCEPT FEES.] Fees assessed by state and 117.5 federal tax agencies for collection of overdue support owed to 117.6 or on behalf of a person not receiving public assistance must be 117.7 imposed on the person for whom these services are provided. The 117.8 public authority upon written notice to the obligee must assess 117.9 a fee of $25 to the person not receiving public assistance for 117.10 each successful federal tax interception. The fee must be 117.11 withheld prior to the release of the funds received from each 117.12 interception and must be deposited in the general fund. 117.13 Subd. 4. [COMPLIANCE WITH FEDERAL LAW.] The limitations of 117.14 this section on the assessment of fees do not apply to the 117.15 extent they are inconsistent with the requirements of federal 117.16 law for receiving funds for the programs under Title IV-A and 117.17 Title IV-D of the Social Security Act, United States Code, title 117.18 42, sections 601 to 613 and 651 to 662. 117.19 Sec. 30. [517C.39] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 117.20 SUPPORT AND PARENTAGE ORDERS.] 117.21 The public authority may use the provisions of sections 117.22 517C.40 to 517C.44 when support rights are assigned under 117.23 section 256.741, subdivision 2, or when the public authority is 117.24 providing services under an application for child support 117.25 services. 117.26 Sec. 31. [517C.40] [NONATTORNEY EMPLOYEE DUTIES.] 117.27 Subdivision 1. [DUTIES PERFORMED UNDER SUPERVISION OF 117.28 COUNTY ATTORNEY.] (a) The county attorney must review and 117.29 approve as to form and content all pleadings and other legal 117.30 documents prepared by nonattorney employees of the public 117.31 authority for use in the expedited child support process. 117.32 (b) Under the direction of, and in consultation with, the 117.33 county attorney, nonattorney employees of the public authority 117.34 may perform the following legal duties: 117.35 (1) meet and confer with parties by mail, telephone, 117.36 electronic, or other means regarding legal issues; 118.1 (2) explain to parties the purpose, procedure, and function 118.2 of the expedited child support process and the role and 118.3 authority of nonattorney employees of the public authority 118.4 regarding legal issues; 118.5 (3) prepare pleadings, including, but not limited to, 118.6 summonses and complaints, notices, motions, subpoenas, orders to 118.7 show cause, proposed orders, administrative orders, and 118.8 stipulations and agreements; 118.9 (4) issue administrative subpoenas; 118.10 (5) prepare judicial notices; 118.11 (6) negotiate settlement agreements; 118.12 (7) attend and participate as a witness in hearings and 118.13 other proceedings and, if requested by the child support 118.14 magistrate, present evidence, agreements and stipulations of the 118.15 parties, and any other information deemed appropriate by the 118.16 magistrate; 118.17 (8) participate in other activities and perform other 118.18 duties delegated by the county attorney; and 118.19 (9) exercise other powers and perform other duties as 118.20 permitted by statute or court rule. 118.21 Subd. 2. [DUTIES PERFORMED AUTONOMOUSLY.] Nonattorney 118.22 employees of the public authority may perform the following 118.23 duties without direction from the county attorney: 118.24 (1) gather information on behalf of the public authority; 118.25 (2) prepare financial worksheets; 118.26 (3) obtain income information from the department of 118.27 economic security and other sources; 118.28 (4) serve documents on parties; 118.29 (5) file documents with the court; 118.30 (6) meet and confer with parties by mail, telephone, 118.31 electronic, or other means regarding nonlegal issues; 118.32 (7) explain to parties the purpose, procedure, and function 118.33 of the expedited child support process and the role and 118.34 authority of nonattorney employees of the public authority 118.35 regarding nonlegal issues; and 118.36 (8) perform other routine nonlegal duties as assigned. 119.1 Subd. 3. [PRACTICE OF LAW.] Performance of the duties 119.2 prescribed in subdivisions 1 and 2 by nonattorney employees of 119.3 the public authority does not constitute the unauthorized 119.4 practice of law for purposes of section 481.02. 119.5 Sec. 32. [517C.41] [FINANCIAL WORKSHEET.] 119.6 Subdivision 1. [PREPARATION.] In cases involving 119.7 establishment or modification of a child support order, a 119.8 nonattorney employee of the public authority must prepare a 119.9 financial worksheet that contains: 119.10 (1) names and addresses of the parties; 119.11 (2) social security numbers of the parties; 119.12 (3) number of members in each party's household and 119.13 dependents of the parties; 119.14 (4) names and addresses of the parties' employers; 119.15 (5) gross income of the parties as defined in this chapter; 119.16 (6) amounts and sources of any other earnings and income of 119.17 the parties; 119.18 (7) health insurance coverage of parties; and 119.19 (8) any other information relevant to the determination of 119.20 child or medical support under this chapter. 119.21 Subd. 2. [INCOME INFORMATION.] In preparing the financial 119.22 worksheet, the nonattorney employee of the public authority must 119.23 obtain income information available to the public authority from 119.24 the department of economic security and serve this information 119.25 on the parties. The information must be filed with the court or 119.26 child support magistrate at least five days before a hearing 119.27 involving child support, medical support, or child care 119.28 reimbursement issues. 119.29 Sec. 33. [517C.42] [NONCONTESTED MATTERS.] 119.30 Under the direction of the county attorney and based on 119.31 agreement of the parties, nonattorney employees may prepare a 119.32 stipulation, findings of fact, conclusions of law, and proposed 119.33 order. The documents must be approved and signed by the county 119.34 attorney as to form and content before submission to the court 119.35 or child support magistrate for approval. 119.36 Sec. 34. [517C.43] [ADMINISTRATIVE AUTHORITY; PARENTAGE; 120.1 SUPPORT.] 120.2 Subdivision 1. [POWERS.] The public authority may take the 120.3 following actions relating to establishment of paternity or to 120.4 establishment, modification, or enforcement of support orders, 120.5 without the necessity of obtaining an order from a judicial or 120.6 administrative tribunal: 120.7 (1) recognize and enforce orders of child support agencies 120.8 of other states; 120.9 (2) upon request for genetic testing by a child, parent, or 120.10 an alleged parent, and using the procedure in subdivision 2, 120.11 order the child, parent, or alleged parent to submit to blood or 120.12 genetic testing for the purpose of establishing paternity; 120.13 (3) subpoena financial or other information needed to 120.14 establish, modify, or enforce a child support order and request 120.15 sanctions for failure to respond to a subpoena; 120.16 (4) upon notice to the obligor, obligee, and the 120.17 appropriate court, direct the obligor or other payor to change 120.18 the payee to the central collections unit under section 517C.50; 120.19 (5) order income withholding of child support under section 120.20 517C.52; 120.21 (6) secure assets to satisfy a support debt or arrears by: 120.22 (i) intercepting or seizing periodic or lump-sum payments 120.23 from state or local agencies, including reemployment 120.24 compensation, workers' compensation payments, judgments, 120.25 settlements, lotteries, and other lump-sum payments; 120.26 (ii) attaching and seizing assets of the obligor held in 120.27 financial institutions or public or private retirement funds; 120.28 and 120.29 (iii) imposing liens in accordance with section 548.091, 120.30 and, in appropriate cases, forcing the sale of property and the 120.31 distribution of proceeds; 120.32 (7) for the purpose of securing overdue support, increase 120.33 the amount of the monthly support payments by an additional 120.34 amount equal to 20 percent of the monthly support payment to 120.35 include amounts for debts or arrears; and 120.36 (8) subpoena an employer or payor of funds to provide 121.1 promptly information on the employment, compensation, and 121.2 benefits of an individual employed by that employer as an 121.3 employee or contractor, and to request sanctions for failure to 121.4 respond to the subpoena as provided by law. 121.5 Subd. 2. [GENETIC TESTING.] (a) A request for genetic 121.6 testing by a child, parent, or alleged parent must be supported 121.7 by a sworn statement by the person requesting genetic testing 121.8 that: 121.9 (1) alleges paternity and sets forth facts establishing a 121.10 reasonable possibility of the requisite sexual contact between 121.11 the parties; or 121.12 (2) denies paternity and sets forth facts establishing a 121.13 reasonable possibility of the nonexistence of sexual contact 121.14 between the alleged parties. 121.15 (b) The order for genetic tests may be served anywhere 121.16 within the state and served outside the state in the same manner 121.17 as prescribed by law for service of subpoenas issued by the 121.18 district court of this state. 121.19 (c) If the child, parent, or alleged parent fails to comply 121.20 with the genetic testing order, the public authority may seek to 121.21 enforce that order in district court through a motion to compel 121.22 testing. 121.23 (d) No results obtained through genetic testing done in 121.24 response to an order issued under this section may be used in a 121.25 criminal proceeding. 121.26 Subd. 3. [SUBPOENAS.] (a) Subpoenas may be served anywhere 121.27 within the state and served outside the state in the same manner 121.28 as prescribed by law for service of process of subpoenas issued 121.29 by the district court of this state. When a subpoena under this 121.30 subdivision is served on a third-party recordkeeper, written 121.31 notice of the subpoena must be mailed to the person who is the 121.32 subject of the subpoenaed material at the person's last known 121.33 address within three days of the day the subpoena is served. 121.34 This notice provision does not apply if there is reasonable 121.35 cause to believe the giving of the notice may lead to 121.36 interference with the production of the subpoenaed documents. 122.1 (b) A person served with a subpoena may make a written 122.2 objection to the public authority or court before the time 122.3 specified in the subpoena for compliance. The public authority 122.4 or the court may cancel or modify the subpoena, if appropriate. 122.5 The public authority must pay the reasonable costs of producing 122.6 the documents, if requested. 122.7 (c) Subpoenas are enforceable in the same manner as 122.8 subpoenas of the district court. Upon motion of the county 122.9 attorney, the court may issue an order directing the production 122.10 of the records. A person who fails to comply with the court 122.11 order is subject to civil or criminal contempt of court. 122.12 Subd. 4. [DUE PROCESS.] The administrative actions under 122.13 this section are subject to due process safeguards, including 122.14 requirements for notice, opportunity to contest the action, and 122.15 opportunity to appeal the order to a judge, judicial officer, or 122.16 child support magistrate. 122.17 Sec. 35. [517C.44] [SHARING OF INFORMATION; DATA.] 122.18 Subdivision 1. [GENERAL.] The public authority may share 122.19 available and relevant information on the parties in order to 122.20 perform its duties under this chapter or under supreme court 122.21 rules governing the expedited child support hearing process 122.22 under section 484.702, subject to the limitations of subdivision 122.23 3, section 256.87, subdivision 8, and section 257.70. 122.24 Subd. 2. [DATA DISCLOSED TO AN ATTORNEY OF THE PUBLIC 122.25 AUTHORITY.] (a) Data disclosed by an applicant for, or recipient 122.26 of, child support services to an attorney employed by, or under 122.27 contract with, the public authority is private data on an 122.28 individual. However, the data may be disclosed under section 122.29 13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and in 122.30 order to obtain, modify, or enforce child support, medical 122.31 support, and parentage determinations. 122.32 (b) An attorney employed by, or under contract with, the 122.33 public authority may disclose additional information received 122.34 from an applicant for, or recipient of, services for other 122.35 purposes with the consent of the individual applicant for, or 122.36 recipient of, child support services. 123.1 Subd. 3. [PROHIBITED DISCLOSURE.] In all proceedings under 123.2 this chapter in which public assistance is assigned under 123.3 section 256.741, or the public authority provides services to a 123.4 party or parties to the proceedings, notwithstanding statutory 123.5 or other authorization for the public authority to release 123.6 private data on the location of a party to the action, 123.7 information on the location of one party may not be released by 123.8 the public authority to the other party if: 123.9 (1) the public authority has knowledge that a protective 123.10 order with respect to the other party has been entered; or 123.11 (2) the public authority has reason to believe that the 123.12 release of the information may result in physical or emotional 123.13 harm to the other party. 123.14 Sec. 36. [517C.45] [SUFFICIENCY OF NOTICE.] 123.15 Automated child support notices sent by the public 123.16 authority which do not require service are sufficient notice 123.17 when issued and mailed by first class mail to the person's last 123.18 known address. 123.19 Sec. 37. [517C.50] [CHILD SUPPORT PAYMENT CENTER; CENTRAL 123.20 COLLECTIONS UNIT.] 123.21 Subdivision 1. [CREATION.] (a) The commissioner of human 123.22 services must create and maintain a central collections unit to 123.23 receive, process, and disburse payments, and to maintain a 123.24 record of payments in cases when: 123.25 (1) the public authority is a party; 123.26 (2) the public authority provides child support enforcement 123.27 services to a party; or 123.28 (3) payment is collected through income withholding. 123.29 (b) The commissioner may contract for services to carry out 123.30 these provisions if the commissioner first meets and negotiates 123.31 with the affected exclusive representatives. 123.32 Subd. 2. [CREDITOR COLLECTIONS.] The central collections 123.33 unit under this section is not a third party under chapters 550, 123.34 552, and 571 for purposes of creditor collection efforts against 123.35 child support and maintenance order obligors or obligees, and is 123.36 not subject to creditor levy, attachment, or garnishment. 124.1 Sec. 38. [517C.51] [MANDATORY PAYMENT OF OBLIGATIONS TO 124.2 CENTRAL COLLECTIONS UNIT.] 124.3 Subdivision 1. [GENERAL.] All payments described in 124.4 section 517C.50 must be made to the central collections unit. 124.5 Subd. 2. [LOCAL PAYMENT; TRANSMITTAL.] The public 124.6 authority must provide a location for obligors to pay child 124.7 support in each local jurisdiction. When the public authority 124.8 receives a payment it must transmit the funds to the central 124.9 collections unit within one working day. 124.10 Subd. 3. [INCENTIVES.] Notwithstanding a rule to the 124.11 contrary, incentives must be paid to the county providing 124.12 services and maintaining the case to which the payment is 124.13 applied. Incentive payments awarded for the collection of child 124.14 support must be based solely upon payments processed by the 124.15 central collections unit. Incentive payments received by the 124.16 county under this subdivision must be used for county child 124.17 support collection efforts. 124.18 Subd. 4. [ELECTRONIC FUNDS TRANSFER.] The central 124.19 collections unit may receive and disburse funds electronically. 124.20 Subd. 5. [REQUIRED CONTENT OF ORDER.] A tribunal issuing 124.21 an order that establishes or modifies a payment must issue an 124.22 income withholding order in conformity with section 517C.52. 124.23 The automatic income withholding order must include the name of 124.24 the obligor, the obligor's social security number, the obligor's 124.25 date of birth, and the name and address of the obligor's 124.26 employer. The street mailing address and the electronic mail 124.27 address for the central collections unit must be included in 124.28 each automatic income withholding order issued by a tribunal. 124.29 Subd. 6. [TRANSMITTAL OF ORDER TO THE PUBLIC AUTHORITY BY 124.30 THE TRIBUNAL.] The tribunal must transmit a copy of the order 124.31 establishing or modifying the payment, and a copy of the 124.32 automatic income withholding order, to the public authority 124.33 within two working days of the approval of the order by the 124.34 judge or child support magistrate or other person or entity 124.35 authorized to sign the automatic withholding order. 124.36 Subd. 7. [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 125.1 OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 125.2 payor of funds must identify the obligor on the check or 125.3 remittance by name, payor number, and social security number, 125.4 and must comply with section 517C.52. 125.5 Subd. 8. [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 125.6 FUNDS.] A notice may be directed to a person or entity 125.7 submitting a check drawn on insufficient funds stating that 125.8 future payments must be made by cash or certified funds. The 125.9 central collections unit and the public authority may refuse a 125.10 check from a person or entity that has been given notice that 125.11 payments must be in cash or certified funds. 125.12 Subd. 9. [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 125.13 record of payments maintained by the central collections unit is 125.14 admissible evidence in all tribunals as proof of payments made 125.15 through the central collections unit without the need of 125.16 testimony to prove authenticity. 125.17 Subd. 10. [TRANSITION PROVISIONS.] (a) The commissioner of 125.18 human services must develop a plan for the implementation of the 125.19 central collections unit. The plan must require that payments 125.20 be redirected to the central collections unit. Payments may be 125.21 redirected in groups according to county of origin, county of 125.22 payment, method of payment, type of case, or any other 125.23 distinguishing factor designated by the commissioner. 125.24 (b) Notice that payments must be made to the central 125.25 collections unit must be provided to the obligor and to the 125.26 payor of funds at least 30 days before payments are redirected 125.27 to the central collections unit. After the notice has been 125.28 provided to the obligor or payor of funds, mailed payments 125.29 received by the public authority must be forwarded to the 125.30 central collections unit. A notice must be sent to the obligor 125.31 or payor of funds stating that payment application may be 125.32 delayed and must provide directions to submit future payments to 125.33 the central collections unit. 125.34 Subd. 11. [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 125.35 commissioner of human services may establish a revolving account 125.36 to cover funds issued in error due to insufficient funds or 126.1 other reasons. Appropriations for this purpose and all 126.2 recoupments against payments from the account must be deposited 126.3 in the collections unit's recoupment account and are 126.4 appropriated to the commissioner. An unexpended balance in the 126.5 account does not cancel, but is available until expended. 126.6 Sec. 39. [517C.52] [INCOME WITHHOLDING; GENERAL.] 126.7 Subdivision 1. [APPLICATION.] Sections 517C.52 to 517C.62 126.8 apply to all support orders issued by a court or an 126.9 administrative tribunal and orders for or notices of withholding 126.10 issued by the public authority according to section 517C.43, 126.11 subdivision 1, clause (5). 126.12 Subd. 2. [ORDER.] (a) Every support order must address 126.13 income withholding. Whenever a support order is initially 126.14 entered or modified, the full amount of the support order must 126.15 be withheld from the income of the obligor and forwarded to the 126.16 public authority. Sections 517C.51 to 517C.62 apply regardless 126.17 of the source of income of the person obligated to pay the child 126.18 support. 126.19 (b) A payor of funds must implement income withholding 126.20 according to sections 517C.51 to 517C.62 upon receipt of an 126.21 order for or notice of withholding. The notice of withholding 126.22 must be on a form provided by the commissioner of human services. 126.23 Subd. 3. [NOTICE; INCOME WITHHOLDING AND COLLECTION 126.24 SERVICES.] (a) The commissioner of human services must prepare 126.25 and make available to the courts a notice of services that 126.26 explains child support and maintenance collection services 126.27 available through the public authority, including income 126.28 withholding. Upon receiving a petition for dissolution of 126.29 marriage or legal separation, the court administrator must 126.30 promptly send the notice of services to the petitioner and 126.31 respondent at the addresses stated in the petition. 126.32 (b) Upon receipt of a support order requiring income 126.33 withholding, a petitioner or respondent, who is not a recipient 126.34 of public assistance and does not receive child support services 126.35 from the public authority, must apply to the public authority 126.36 for either full child support collection services or for income 127.1 withholding only services. 127.2 (c) For those persons applying for income withholding only 127.3 services, a monthly service fee of $15 must be charged to the 127.4 obligor. This fee is in addition to the amount of the support 127.5 order and must be withheld through income withholding. The 127.6 public authority must explain the service options in this 127.7 section to the affected parties and encourage the application 127.8 for full child support collection services. 127.9 Subd. 4. [CONTRACT FOR SERVICE.] To carry out income 127.10 withholding, the public authority may contract for services, 127.11 including the use of electronic funds transfer. 127.12 Subd. 5. [ELECTRONIC TRANSMISSION.] Orders or notices for 127.13 income withholding may be transmitted for enforcement purposes 127.14 by electronic means. 127.15 Sec. 40. [517C.53] [WAIVER OF INCOME WITHHOLDING.] 127.16 (a) If child support is not assigned to the public 127.17 authority, the court may waive income withholding requirements 127.18 if it finds there are no arrears as of the date of the hearing 127.19 and: 127.20 (1) one party demonstrates and the court finds there is 127.21 good cause to waive the requirements of sections 517C.51 to 127.22 517C.62 or to terminate an order for or notice of income 127.23 withholding previously entered; or 127.24 (2) all parties reach an agreement and the agreement is 127.25 approved by the court after a finding that the agreement is 127.26 likely to result in regular and timely payments. The court's 127.27 findings waiving the requirements of this paragraph must include 127.28 a written explanation of the reasons why income withholding 127.29 would not be in the best interests of the child. 127.30 (b) In addition to the other requirements in this section, 127.31 if the case involves a modification of support, the court must 127.32 make a finding that support has been timely made. 127.33 (c) If the court waives income withholding, the obligee or 127.34 obligor may at any time request subsequent income withholding 127.35 under section 517C.59. 127.36 Sec. 41. [517C.54] [PAYOR OF FUNDS RESPONSIBILITIES.] 128.1 Subdivision 1. [ACTIVATION.] An order for or notice of 128.2 withholding is binding on a payor of funds upon receipt. 128.3 Withholding must begin no later than the first pay period that 128.4 occurs after 14 days following the date of receipt of the order 128.5 for or notice of withholding. In the case of a financial 128.6 institution, preauthorized transfers must occur in accordance 128.7 with a court-ordered payment schedule. 128.8 Subd. 2. [PROCEDURE.] A payor of funds must withhold from 128.9 the income payable to the obligor the amount specified in the 128.10 order or notice of withholding and amounts specified under 128.11 sections 517C.58 and 517C.63 and must remit the amounts withheld 128.12 to the public authority within seven business days of the date 128.13 the obligor is paid the remainder of the income. The payor of 128.14 funds must include with the remittance the social security 128.15 number of the obligor, the case type indicator as provided by 128.16 the public authority, and the date the obligor is paid the 128.17 remainder of the income. The obligor is considered to have paid 128.18 the amount withheld as of the date the obligor received the 128.19 remainder of the income. A payor of funds may combine all 128.20 amounts withheld from one pay period into one payment to each 128.21 public authority, but must separately identify each obligor 128.22 making payment. 128.23 Subd. 3. [RETALIATION PROHIBITED.] A payor of funds must 128.24 not discharge, or refuse to hire, or otherwise discipline an 128.25 employee as a result of wage or salary withholding authorized by 128.26 this chapter. 128.27 Subd. 4. [UPDATED ORDERS.] If more than one order for or 128.28 notice of withholding exists involving the same obligor and 128.29 child, the public authority must enforce the most recent order 128.30 or notice. An order for or notice of withholding that was 128.31 previously implemented according to this chapter ends as of the 128.32 date of the most recent order. The public authority must notify 128.33 the payor of funds to withhold under the most recent withholding 128.34 order or notice. 128.35 Subd. 5. [NOTIFICATION OF TERMINATION.] When an order for 128.36 or notice of withholding is in effect and the obligor's 129.1 employment is terminated, the obligor and the payor of funds 129.2 must notify the public authority of the termination within ten 129.3 days of the termination date. The termination notice must 129.4 include the obligor's home address and the name and address of 129.5 the obligor's new payor of funds, if known. 129.6 Subd. 6. [EXPENSES.] A payor of funds may deduct $1 from 129.7 the obligor's remaining salary for each payment made pursuant to 129.8 an order for or notice of withholding under this chapter to 129.9 cover the expenses of withholding. 129.10 Sec. 42. [517C.55] [LUMP-SUM PAYMENTS.] 129.11 Subdivision 1. [APPLICATION.] (a) This section applies to 129.12 lump-sum payments of $500 or more including, but not limited to, 129.13 severance pay, accumulated sick pay, vacation pay, bonuses, 129.14 commissions, or other pay or benefits. 129.15 (b) The Consumer Credit Protection Act, United States Code, 129.16 title 15, section 1673(b), does not apply to lump-sum payments. 129.17 Subd. 2. [PAYOR OF FUNDS RESPONSIBILITIES.] Before 129.18 transmitting a lump-sum payment to an obligor, a payor of funds 129.19 who has been served with an order for or notice of income 129.20 withholding under this chapter must: 129.21 (1) notify the public authority of the lump-sum payment 129.22 that is to be paid to the obligor; and 129.23 (2) hold the lump-sum payment for 30 days after the date 129.24 the lump-sum payment would otherwise have been paid to the 129.25 obligor, notwithstanding sections 176.221, 176.225, 176.521, 129.26 181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota 129.27 Rules, part 1415.2000, subpart 10. 129.28 Subd. 3. [PUBLIC AUTHORITY OPTIONS.] (a) The public 129.29 authority may direct the payor of funds to pay the lump-sum 129.30 payment, up to the amount of judgments or arrears, to the public 129.31 authority if: 129.32 (1) a judgment entered pursuant to section 548.091, 129.33 subdivision 1a, exists against the obligor, or other support 129.34 arrears exist; and 129.35 (2) a portion of the judgment or arrears remains unpaid. 129.36 (b) If no judgment or arrears exist, the public authority 130.1 may seek a court order directing the payor of funds to transmit 130.2 all or a portion of the lump-sum payment to the public authority 130.3 for future support. To obtain a court order under this 130.4 paragraph, the public authority must show a past willful 130.5 nonpayment of support by the obligor. 130.6 Sec. 43. [517C.56] [PAYOR OF FUNDS LIABILITY.] 130.7 Subdivision 1. [LIABILITY TO OBLIGEE.] A payor of funds is 130.8 liable to the obligee for amounts required to be withheld. A 130.9 payor of funds that fails to withhold or transfer funds in 130.10 accordance with this chapter is liable to the obligee for 130.11 interest on the funds at the rate applicable to judgments under 130.12 section 549.09, computed from the date the funds were required 130.13 to be withheld or transferred. A payor of funds is liable for 130.14 reasonable attorney fees of the obligee or public authority 130.15 incurred in enforcing the liability under this paragraph. A 130.16 payor of funds that has failed to comply with the requirements 130.17 of sections 517C.51 to 517C.62 is subject to contempt sanctions 130.18 under section 517C.57. If the payor of funds is an employer or 130.19 independent contractor and violates this subdivision, a court 130.20 may award the obligor twice the wages lost as a result of this 130.21 violation. If a court finds a payor of funds violated this 130.22 subdivision, the court must impose a civil fine of not less than 130.23 $500. 130.24 Subd. 2. [NONLIABILITY FOR COMPLIANCE.] A payor of funds 130.25 is not subject to civil liability to any individual or agency 130.26 for taking action in compliance with an income withholding order 130.27 or notice of withholding that appears regular on its face 130.28 according to this chapter or chapter 518C. 130.29 Sec. 44. [517C.57] [EMPLOYER CONTEMPT.] 130.30 Subdivision 1. [ORDERS BINDING.] Notices or orders for 130.31 income withholding or medical support issued pursuant to this 130.32 chapter are binding on the employer, trustee, or other payor of 130.33 funds after the order or notice has been transmitted to the 130.34 employer, trustee, or payor of funds. 130.35 Subd. 2. [CONTEMPT ACTION.] (a) An obligee or the public 130.36 authority may initiate a contempt action against an employer, 131.1 trustee, or payor of funds, within the action that created the 131.2 support obligation, by serving an order to show cause upon the 131.3 employer, trustee, or payor of funds. 131.4 (b) The employer, trustee, or payor of funds is presumed to 131.5 be in contempt: 131.6 (1) if the employer, trustee, or payor of funds has 131.7 intentionally failed to withhold support after receiving the 131.8 order or notice for income withholding or notice of enforcement 131.9 of medical support; or 131.10 (2) upon presentation of pay stubs or similar documentation 131.11 showing that the employer, trustee, or payor of funds withheld 131.12 support and demonstrating that the employer, trustee, or payor 131.13 of funds intentionally failed to remit support to the public 131.14 authority. 131.15 Subd. 3. [SANCTIONS.] The employer, trustee, or payor of 131.16 funds is liable to the obligee or the public authority for 131.17 amounts required to be withheld that were not paid. The court 131.18 may enter judgment against the employer, trustee, or payor of 131.19 funds for support not withheld or remitted. An employer, 131.20 trustee, or payor of funds found guilty of contempt must be 131.21 punished by a fine of not more than $250 as provided in chapter 131.22 588. The court may also impose other contempt sanctions 131.23 authorized under chapter 588. 131.24 Sec. 45. [517C.58] [PRIORITY OF INCOME WITHHOLDING ORDERS; 131.25 MAXIMUM WITHHOLDING.] 131.26 Subdivision 1. [PRIORITY.] (a) An order for or notice of 131.27 withholding under this chapter or execution or garnishment upon 131.28 a judgment for child support arrears or preadjudicated expenses 131.29 has priority over an attachment, execution, garnishment, or wage 131.30 assignment and is not subject to the statutory limitations on 131.31 amounts levied against the income of the obligor. Amounts 131.32 withheld from an employee's income must not exceed the maximum 131.33 permitted under the Consumer Credit Protection Act, United 131.34 States Code, title 15, section 1673(b). 131.35 Subd. 2. [MULTIPLE ORDERS.] If a single employee is 131.36 subject to multiple withholding orders or multiple notices of 132.1 withholding for the support of more than one child, the payor of 132.2 funds must comply with all of the orders or notices to the 132.3 extent that the total amount withheld from the obligor's income 132.4 does not exceed the limits imposed under the Consumer Credit 132.5 Protection Act, United States Code, title 15, section 1673(b), 132.6 giving priority to amounts designated in each order or notice as 132.7 current support as follows: 132.8 (1) if the total of the amounts designated in the orders 132.9 for or notices of withholding as current support exceeds the 132.10 amount available for income withholding, the payor of funds must 132.11 allocate to each order or notice an amount for current support 132.12 equal to the amount designated in that order or notice as 132.13 current support, divided by the total of the amounts designated 132.14 in the orders or notices as current support, multiplied by the 132.15 amount of the income available for income withholding; and 132.16 (2) if the total of the amounts designated in the orders 132.17 for or notices of withholding as current support does not exceed 132.18 the amount available for income withholding, the payor of funds 132.19 must pay the amounts designated as current support, and must 132.20 allocate to each order or notice an amount for past due support, 132.21 equal to the amount designated in that order or notice as past 132.22 due support, divided by the total of the amounts designated in 132.23 the orders or notices as past due support, multiplied by the 132.24 amount of income remaining available for income withholding 132.25 after the payment of current support. 132.26 Sec. 46. [517C.59] [SUBSEQUENT INCOME WITHHOLDING.] 132.27 Subdivision 1. [APPLICATION.] This section applies to 132.28 support orders that do not contain provisions for income 132.29 withholding. 132.30 Subd. 2. [WHEN THE PUBLIC AUTHORITY IS A PARTY.] If the 132.31 public authority is a party, income withholding under this 132.32 section takes effect without prior judicial notice to the 132.33 obligor and without the need for judicial or administrative 132.34 hearing. Withholding must be initiated when: 132.35 (1) the obligor requests it in writing to the public 132.36 authority; 133.1 (2) the obligee or obligor serves on the public authority a 133.2 copy of the notice of income withholding, a copy of the court's 133.3 order, an application, and the fee to use the public authority's 133.4 collection services; or 133.5 (3) the public authority commences withholding under 133.6 section 517C.43. 133.7 Subd. 3. [WHEN THE PUBLIC AUTHORITY IS NOT A PARTY.] If 133.8 the public authority is not a party, income withholding under 133.9 this section must be initiated when an obligee requests it by 133.10 making a written motion to the court and the court finds that 133.11 previous support has not been paid on a timely consistent basis 133.12 or that the obligor has threatened expressly or otherwise to 133.13 stop or reduce payments. 133.14 Subd. 4. [NOTICE.] Within two days after the public 133.15 authority commences withholding under this section, the public 133.16 authority must send to the obligor at the obligor's last known 133.17 address, notice that withholding has commenced. The notice must 133.18 include the information provided to the payor of funds in the 133.19 notice of withholding. 133.20 Subd. 5. [CONTEST.] (a) The obligor may contest 133.21 withholding under this section on the limited grounds that the 133.22 withholding or the amount withheld is improper due to mistake of 133.23 fact. An obligor who chooses to contest the withholding must do 133.24 so no later than 15 days after the employer commences 133.25 withholding, by doing all of the following: 133.26 (1) file a request for an expedited child support hearing 133.27 under section 484.702, and include in the request the alleged 133.28 mistake of fact; 133.29 (2) serve a copy of the request for contested hearing upon 133.30 the public authority and the obligee; and 133.31 (3) secure a date for the contested hearing no later than 133.32 45 days after receiving notice that withholding has commenced. 133.33 (b) The income withholding must remain in place while the 133.34 obligor contests the withholding. 133.35 (c) If the court finds a mistake in the amount of the 133.36 arrears to be withheld, the court must continue the income 134.1 withholding, but it must correct the amount of the arrears to be 134.2 withheld. 134.3 Sec. 47. [517C.60] [INCOME WITHHOLDING; ARREARS ORDER.] 134.4 (a) In addition to ordering income withholding for current 134.5 support the court may order the payor of funds to withhold 134.6 amounts to satisfy the obligor's previous arrears in support 134.7 order payments. Use of this remedy does not exclude the use of 134.8 other remedies to enforce judgments. The employer or payor of 134.9 funds must withhold from the obligor's income an additional 134.10 amount equal to 20 percent of the monthly child support 134.11 obligation until the arrears are paid. 134.12 (b) Notwithstanding any law to the contrary, funds from 134.13 income sources included in section 517C.12, subdivision 1, 134.14 whether periodic or lump-sum, are not exempt from attachment or 134.15 execution upon a judgment for child support arrears. 134.16 (c) Absent an order to the contrary, if arrears exist at 134.17 the time a support order would otherwise terminate, income 134.18 withholding continues in effect or may be implemented in an 134.19 amount equal to the support order plus an additional 20 percent 134.20 of the monthly child support obligation, until all arrears have 134.21 been paid in full. 134.22 Sec. 48. [517C.61] [INTERSTATE INCOME WITHHOLDING.] 134.23 (a) Upon receipt of an order for support entered in another 134.24 state and the specified documentation from an authorized agency, 134.25 the public authority must implement income withholding. A payor 134.26 of funds in this state must withhold income under court orders 134.27 for withholding issued by other states or territories. 134.28 (b) An employer receiving an income withholding notice from 134.29 another state must withhold and distribute the funds as directed 134.30 in the withholding notice and must apply the law of the 134.31 obligor's principal place of employment when determining: 134.32 (1) the employer's fee for processing an income withholding 134.33 notice; 134.34 (2) the maximum amount permitted to be withheld from the 134.35 obligor's income; and 134.36 (3) deadlines for implementing and forwarding the child 135.1 support payment. 135.2 (c) An obligor may contest withholding under this section 135.3 pursuant to section 518C.506. 135.4 Sec. 49. [517C.62] [ORDER TERMINATING INCOME WITHHOLDING.] 135.5 Subdivision 1. [GENERAL PROCEDURE.] (a) An order 135.6 terminating income withholding must specify the effective date 135.7 of the order and reference the initial order or decree that 135.8 establishes the support obligation. An order terminating income 135.9 withholding must be entered if: 135.10 (1) the obligor serves written notice of the application 135.11 for termination of income withholding by mail upon the obligee 135.12 at the obligee's last known mailing address, and a duplicate 135.13 copy of the application is served on the public authority; 135.14 (2) the application for termination of income withholding 135.15 specifies the event that terminates the support obligation, the 135.16 effective date of the termination of the support obligation, and 135.17 the applicable provisions of the order or decree that 135.18 established the support obligation; and 135.19 (3) the application includes the complete name of the 135.20 obligor's payor of funds, the business mailing address, the 135.21 court action and court file number, and the support and 135.22 collections file number, if known. 135.23 (b) The obligee or the public authority may request a 135.24 contested hearing on the issue of whether income withholding 135.25 should continue. The request must be made within 20 days of 135.26 receiving an application for termination of income withholding. 135.27 The request must clearly specify the basis for continuing income 135.28 withholding. The obligee or public authority may make an ex 135.29 parte motion to stay the service of an order terminating income 135.30 withholding upon the obligor's payor of funds pending the 135.31 outcome of the contested hearing. 135.32 Subd. 2. [TERMINATION BY THE PUBLIC AUTHORITY.] (a) If the 135.33 public authority determines that income withholding is no longer 135.34 applicable, the public authority must notify the obligee and the 135.35 obligor of intent to terminate income withholding. 135.36 (b) Five days after notification to the obligee and 136.1 obligor, the public authority must issue a notice to the payor 136.2 of funds terminating income withholding. A court order is not 136.3 required unless the obligee has requested an expedited child 136.4 support hearing under section 484.702. 136.5 Sec. 50. [517C.63] [CHILD SUPPORT DEPOSIT ACCOUNT; 136.6 FINANCIAL INSTITUTIONS.] 136.7 Subdivision 1. [APPLICATION.] If income withholding is 136.8 ineffective due to the obligor's method of obtaining income, the 136.9 court must order the obligor to identify a child support deposit 136.10 account owned solely by the obligor, or to establish an account, 136.11 in a financial institution located in this state for the purpose 136.12 of depositing court-ordered child support payments. The court 136.13 must order the obligor to execute an agreement with the 136.14 appropriate public authority for preauthorized transfers from 136.15 the obligor's child support account payable to an account of the 136.16 public authority. The court must order the obligor to disclose 136.17 to the court all deposit accounts owned by the obligor in whole 136.18 or in part in any financial institution. The court may order 136.19 the obligor to disclose to the court the opening or closing of 136.20 any deposit account owned in whole or in part by the obligor 136.21 within 30 days of the opening or closing. The court may order 136.22 the obligor to execute an agreement with the appropriate public 136.23 authority for preauthorized transfers from any deposit account 136.24 owned in whole or in part by the obligor to the obligor's child 136.25 support deposit account if necessary to satisfy court-ordered 136.26 child support payments. The court may order a financial 136.27 institution to disclose to the court the account number and any 136.28 other information regarding accounts owned in whole or in part 136.29 by the obligor. An obligor who fails to comply with this 136.30 subdivision, fails to deposit funds in at least one deposit 136.31 account sufficient to pay court-ordered child support, or stops 136.32 payment or revokes authorization of a preauthorized transfer is 136.33 subject to contempt of court procedures under chapter 588. 136.34 Subd. 2. [TRANSFERS.] A financial institution must execute 136.35 preauthorized transfers for the deposit accounts of the obligor 136.36 in the amount specified in the order and amounts required under 137.1 this section as directed by the public authority. A financial 137.2 institution is liable to the obligee if funds in any of the 137.3 obligor's deposit accounts identified in the court order equal 137.4 the amount stated in the preauthorization agreement but are not 137.5 transferred by the financial institution in accordance with the 137.6 agreement. 137.7 Sec. 51. [517C.64] [ESCROW ACCOUNT.] 137.8 Subdivision 1. [ESTABLISHMENT.] (a) When determining or 137.9 modifying a support order the court must not order income 137.10 withholding otherwise required under sections 517C.51 to 517C.62 137.11 if: 137.12 (1) the court finds there are no arrears as of the date of 137.13 the court hearing; 137.14 (2) the obligor establishes a savings account for a sum 137.15 equal to two months of the monthly child support obligation; and 137.16 (3) the obligor provides proof of the existence of the 137.17 account to the court and the public authority prior to the 137.18 issuance of the order. Proof of the establishment must include 137.19 the financial institution name and address, account number, and 137.20 the amount of deposit. 137.21 (b) An account established under paragraph (a) must: 137.22 (1) be at a financial institution; 137.23 (2) bear interest; and 137.24 (3) authorize the public authority as the sole drawer of 137.25 funds. 137.26 Subd. 2. [DEFAULT.] (a) If a child support payment is ten 137.27 days or more past due, the obligee may transmit a notice of 137.28 default to the public authority and apply for child support 137.29 collection services. The notice must be verified by the obligee 137.30 and must contain the title of the action, the court file number, 137.31 the full name and address of the obligee, the name and last 137.32 known address of the obligor, the obligor's last known employer 137.33 or other payor of funds, the date of the first unpaid amount, 137.34 the date of the last unpaid amount, and the total amount unpaid. 137.35 (b) Within three working days of receiving a notice of 137.36 default, the public authority must: 138.1 (1) withdraw the funds held at the financial institution 138.2 under this section; and 138.3 (2) send a copy of the notice of default and a notice of 138.4 intent to implement income withholding by mail to the obligor at 138.5 the obligor's last known address. 138.6 (c) The notice of intent to implement income withholding 138.7 must state that the support order will be served on the 138.8 obligor's employer or payor of funds unless within 15 days of 138.9 the date of the notice the obligor: 138.10 (1) requests a hearing on the issue of whether payment was 138.11 in default as of the date of the notice of default; and 138.12 (2) serves notice of the hearing request on the public 138.13 authority and the obligee. 138.14 Subd. 3. [DUTIES OF THE PUBLIC AUTHORITY.] (a) Within 138.15 three working days of withdrawing sums under subdivision 2, the 138.16 public authority must remit all amounts not assigned to the 138.17 public authority to the obligee as current support. 138.18 (b) The public authority must also serve a copy of the 138.19 court's order and the provisions of sections 517C.51 to 517C.62 138.20 and this section on the obligor's employer or other payor of 138.21 funds unless the obligor requests a hearing under subdivision 2, 138.22 paragraph (c). 138.23 (c) The public authority must inform the obligor's employer 138.24 or other payor of funds of the date the next support payment is 138.25 due. Income withholding must begin on that date and must 138.26 reflect the total credits of principal and interest amounts 138.27 received from the escrow account. 138.28 Subd. 4. [HEARING.] (a) If the obligor requests a hearing 138.29 under subdivision 2, paragraph (c), the court must hold a 138.30 hearing within 30 days of the date of the notice of default 138.31 under subdivision 2, paragraph (a). 138.32 (b) If the court finds that there was a default, the court 138.33 must order the immediate withholding of support from the 138.34 obligor's income. 138.35 (c) If the court finds that there was no default, the court 138.36 must order the reestablishment of the escrow account by either 139.1 the obligee or obligor and must not order income withholding. 139.2 Subd. 5. [TERMINATION OF ESCROW ACCOUNT.] (a) When the 139.3 support obligation ends under the terms of the order or decree 139.4 establishing the obligation and the sum held under this section 139.5 has not otherwise been released, the public authority must 139.6 release the sum and interest to the obligor if the obligor 139.7 transmits a notice of termination to the public authority. The 139.8 notice must be verified by the obligor and must indicate: 139.9 (1) the title of the action; 139.10 (2) the court file number; 139.11 (3) the full name and address of the obligee; 139.12 (4) the event that ends the support obligation; 139.13 (5) the effective date of the termination of support 139.14 obligation; and 139.15 (6) the applicable provisions of the order or decree that 139.16 established the support obligation. 139.17 (b) The public authority must send a copy of the notice of 139.18 termination to the obligee. 139.19 (c) The obligee or the public authority may request a 139.20 hearing on the issues of whether the support obligation 139.21 continues and whether the escrow account should continue. The 139.22 request must be made and served on the other parties within 20 139.23 days of receiving a notice of termination. 139.24 Sec. 52. [517C.65] [TRUSTEE.] 139.25 Subdivision 1. [APPOINTMENT.] Upon its own motion or upon 139.26 motion of either party, the court may appoint a trustee, when it 139.27 is deemed expedient, to receive money ordered to be paid as 139.28 child support for remittance to the person entitled to receive 139.29 the payments. The trustee may also receive property that is 139.30 part of an award for division of marital property. The trustee 139.31 must hold the property in trust to invest and pay over the 139.32 income in the manner the court directs, or to pay over the 139.33 principal sum in the proportions and at the times the court 139.34 orders. In all cases, the court must consider the situation and 139.35 circumstances of the recipient, and the children, if any. The 139.36 trust must give a bond, as the court requires, for the faithful 140.1 performance of the trust. If it appears that the recipient of 140.2 money ordered to be paid as support will receive public 140.3 assistance, the court must appoint the public authority as 140.4 trustee. 140.5 Subd. 2. [RECORDS.] The trustee must maintain records 140.6 listing the amount of payments, the date when payments are 140.7 required to be made, and the names and addresses of the parties 140.8 affected by the order. 140.9 Subd. 3. [COMMUNICATION.] The parties affected by the 140.10 order must inform the trustee of a change of address or of other 140.11 conditions that may affect the administration of the order. 140.12 Subd. 4. [LATE PAYMENT.] If a required support payment is 140.13 ten days or more overdue, the trustee must send the obligor 140.14 notice of the arrears by first class mail. If payment of the 140.15 sum due is not received by the trustee within ten days after 140.16 sending notice, the trustee must certify the amount due to the 140.17 public authority, whenever that authority is not the trustee. 140.18 If the public authority refers the arrears to the county 140.19 attorney, the county attorney may initiate enforcement 140.20 proceedings against the obligor for support. 140.21 Sec. 53. [517C.66] [OVERPAYMENTS.] 140.22 If child support is not assigned under section 256.741, and 140.23 an obligor has overpaid a child support obligation because of a 140.24 modification or error in the amount owed, the public authority 140.25 must: 140.26 (1) apply the amount of the overpayment to reduce the 140.27 amount of child support arrears or debts owed to the obligee; 140.28 and 140.29 (2) if an overpayment exists after the reduction of arrears 140.30 or debt, reduce the amount of the child support remitted to the 140.31 obligee by an amount no greater than 20 percent of the current 140.32 monthly support obligation and remit this amount to the obligor 140.33 until the overpayment is reduced to zero. 140.34 Sec. 54. [517C.67] [ALTERNATE NOTICE OF COURT ORDER.] 140.35 Whenever this chapter requires service of a court's order 140.36 on an employer, union, or payor of funds, service of a verified 141.1 notice of order may be made in lieu of the order. The verified 141.2 notice must contain the title of the action, the name of the 141.3 court, the court file number, the date of the court order, and 141.4 must recite the operative provisions of the order. 141.5 Sec. 55. [517C.70] [CHILD SUPPORT AND PARENTING TIME ARE 141.6 INDEPENDENT.] 141.7 (a) Failure by a party to make support payments is not a 141.8 defense to: 141.9 (1) interference with parenting time rights leave; or 141.10 (2) removing a child from this state without the permission 141.11 of the court or the noncustodial parent. 141.12 (b) Interference with parenting time rights or taking a 141.13 child from this state without permission of the court or the 141.14 noncustodial parent is not a defense to nonpayment of support. 141.15 (c) If a party fails to make support payments, interferes 141.16 with parenting time rights, or removes a child from this state 141.17 without permission of the court or the noncustodial parent, the 141.18 other party may petition the court for an appropriate order. 141.19 Sec. 56. [517C.705] [SIX-MONTH REVIEW.] 141.20 A decree or order that establishes child support rights and 141.21 obligations must contain a review date six months after its 141.22 entry according to section 517A.25. 141.23 Sec. 57. [517C.71] [PAYMENT AGREEMENTS.] 141.24 Subdivision 1. [GENERAL REQUIREMENTS.] An obligor who has 141.25 child support arrears may enter into a payment agreement that 141.26 addresses payment of both current and overdue support. Payment 141.27 agreements must: 141.28 (1) be in writing; 141.29 (2) address both current support and arrears; and 141.30 (3) be approved by the court, a child support magistrate, 141.31 or the public authority. 141.32 Subd. 2. [CONSIDERATIONS.] In proposing or approving 141.33 proposed payment agreements for purposes of this chapter, the 141.34 court, a child support magistrate, or the public authority must 141.35 take into consideration the amount of the arrears, the amount of 141.36 the current support order, any pending request for modification, 142.1 and the earnings of the obligor. The court, child support 142.2 magistrate, or public authority must consider the individual 142.3 financial circumstances of each obligor in evaluating the 142.4 obligor's ability to pay a proposed payment agreement and must 142.5 propose a reasonable payment agreement tailored to the 142.6 individual financial circumstances of each obligor. 142.7 Sec. 58. [517C.72] [SEEK EMPLOYMENT ORDERS.] 142.8 Subdivision 1. [COURT ORDER.] (a) When the public 142.9 authority is enforcing a support order, the public authority may 142.10 seek a court order requiring an obligor to seek employment if: 142.11 (1) employment of the obligor cannot be verified; 142.12 (2) the obligor has child support arrears amounting to at 142.13 least three times the obligor's total monthly support payments; 142.14 and 142.15 (3) the obligor is not in compliance with a payment 142.16 agreement. 142.17 (b) Upon proper notice to the obligor, the court may enter 142.18 a seek employment order if it finds that the obligor has not 142.19 provided proof of gainful employment and has not consented to an 142.20 order for income withholding or entered into a payment agreement. 142.21 Subd. 2. [CONTENTS OF ORDER.] The order to seek employment 142.22 must: 142.23 (1) order that the obligor seek employment within a 142.24 determinate amount of time; 142.25 (2) order that the obligor file with the public authority a 142.26 weekly report of at least five new attempts to find employment 142.27 or of having found employment. The report must include the 142.28 names, addresses, and telephone numbers of the employers or 142.29 businesses with whom the obligor attempted to obtain employment 142.30 and the name of the individual contact at each employer or 142.31 business to whom the obligor made application for employment or 142.32 to whom an inquiry was directed; 142.33 (3) notify the obligor that failure to comply with the 142.34 order is evidence of a willful failure to pay support under 142.35 section 517C.74; 142.36 (4) order that the obligor provide the public authority 143.1 with verification of any reason for noncompliance with the 143.2 order; and 143.3 (5) specify the duration of the order, not to exceed three 143.4 months. 143.5 Sec. 59. [517C.73] [ORDER FOR COMMUNITY SERVICES.] 143.6 If the court finds that the obligor earns $400 or less per 143.7 month and does not have the ability to provide support based on 143.8 the guidelines and factors in this chapter, the court may order 143.9 the obligor to perform community services to fulfill the 143.10 obligor's support obligation. In ordering community services 143.11 under this section, the court must consider whether the obligor 143.12 has the physical capability to perform community services, and 143.13 must order community services that are appropriate for the 143.14 obligor's abilities. 143.15 Sec. 60. [517C.74] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 143.16 SUPPORT.] 143.17 Subdivision 1. [GROUNDS.] If a person against whom an 143.18 order or decree for support has been entered under this chapter, 143.19 chapter 256, or a comparable law from another jurisdiction, has 143.20 child support arrears amounting to at least three times the 143.21 obligor's total monthly support obligation and is not in 143.22 compliance with a payment agreement, the person may be cited and 143.23 punished by the court for contempt under chapter 588 or this 143.24 section. Failure to comply with a seek employment order entered 143.25 under section 517C.72 is evidence of willful failure to pay 143.26 support. 143.27 Subd. 2. [COURT OPTIONS.] (a) If a court cites a person 143.28 for contempt under this section, and the obligor lives in a 143.29 county that contracts with the commissioner of human services 143.30 under section 256.997, the court may order the performance of 143.31 community service work up to 32 hours per week for six weeks for 143.32 each finding of contempt if the obligor: 143.33 (1) is able to work full time; 143.34 (2) works an average of less than 32 hours per week; and 143.35 (3) has actual weekly gross income averaging less than 40 143.36 times the federal minimum hourly wage under United States Code, 144.1 title 29, section 206(a)(1), or is voluntarily earning less than 144.2 the obligor has the ability to earn, as determined by the court. 144.3 (b) An obligor is presumed to be able to work full time. 144.4 The obligor has the burden of proving inability to work full 144.5 time. 144.6 Subd. 3. [RELEASE.] A person ordered to do community 144.7 service work under subdivision 2 may, during the six-week 144.8 period, apply to the court, an administrative law judge, or the 144.9 public authority to be released from the community service work 144.10 requirement if the person: 144.11 (1) provides proof to the court, an administrative law 144.12 judge, or the public authority that the person is gainfully 144.13 employed and submits to an order for income withholding under 144.14 section 518.6111; 144.15 (2) enters into a payment agreement; or 144.16 (3) provides proof to the court, an administrative law 144.17 judge, or the public authority that, after entry of the order, 144.18 the person's circumstances have so changed that the person is no 144.19 longer able to fulfill the terms of the community service order. 144.20 Subd. 4. [CONTINUING OBLIGATIONS.] The performance of 144.21 community service work does not relieve an obligor of a current 144.22 support obligation or arrears. 144.23 Sec. 61. [517C.745] [SECURITY; SEQUESTRATION; CONTEMPT.] 144.24 (a) In all cases when support payments are ordered, the 144.25 court may require sufficient security to be given for the 144.26 payment of them according to the terms of the order. Upon 144.27 neglect or refusal to give security, or upon failure to pay the 144.28 support, the court may sequester the obligor's personal estate 144.29 and the rents and profits of real estate of the obligor, and 144.30 appoint a receiver of them. The court may cause the personal 144.31 estate and the rents and profits of the real estate to be 144.32 applied according to the terms of the order. 144.33 (b) The obligor is presumed to have an income from a source 144.34 sufficient to pay the support order. A child support order 144.35 constitutes prima facie evidence that the obligor has the 144.36 ability to pay the award. If the obligor disobeys the order, it 145.1 is prima facie evidence of contempt. The court may cite the 145.2 obligor for contempt under this section, section 517C.74, or 145.3 chapter 588. 145.4 Sec. 62. [517C.75] [DRIVER'S LICENSE SUSPENSION.] 145.5 Subdivision 1. [FACTORS WARRANTING SUSPENSION.] An 145.6 obligor's driver's license must be suspended if: 145.7 (1) the obligor has child support arrears amounting to at 145.8 least three times the obligor's total monthly support obligation 145.9 and the obligor is not in compliance with a payment agreement; 145.10 or 145.11 (2) the obligor has failed, after receiving notice, to 145.12 comply with a subpoena relating to a paternity or child support 145.13 proceeding. 145.14 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 145.15 of a party, the court must order the commissioner of public 145.16 safety to suspend an obligor's driver's license if the court 145.17 finds that a factor in subdivision 1 exists. 145.18 (b) The motion must be properly served and there must be an 145.19 opportunity for a hearing pursuant to court rules. If a hearing 145.20 is requested, the obligor must be served written notice of the 145.21 time and date of the hearing at least 14 days prior to the 145.22 hearing. The notice must specify the allegations against the 145.23 obligor. The notice may be served personally or by mail. 145.24 (c) The court's order must be stayed for 90 days in order 145.25 to allow the obligor to enter into a payment agreement. If the 145.26 obligor has not entered into or is not in compliance with a 145.27 payment agreement after the 90 days expire, the court's order 145.28 becomes effective and the commissioner of public safety must 145.29 suspend the obligor's driver's license. 145.30 (d) An obligee may not make a motion under this section 145.31 within 12 months of a denial of a previous motion under this 145.32 section. 145.33 (e) At a hearing regarding the obligor's failure to comply 145.34 with a subpoena, the only issues to be considered are mistake of 145.35 fact and whether the obligor received the subpoena. 145.36 Subd. 3. [SUSPENSION INITIATED BY THE PUBLIC 146.1 AUTHORITY.] (a) The public authority must direct the 146.2 commissioner of public safety to suspend an obligor's driver's 146.3 license if the public authority determines that a factor in 146.4 subdivision 1 exists. 146.5 (b) At least 90 days before directing the suspension of a 146.6 driver's license the public authority must attempt to notify the 146.7 obligor that it intends to seek suspension and that the obligor 146.8 must request a hearing within 30 days in order to contest the 146.9 suspension. The notice must be in writing and mailed to the 146.10 obligor at the obligor's last known address. 146.11 (c) If the obligor makes a written request for a hearing 146.12 within 30 days, a court hearing must be held. The public 146.13 authority must then make a motion to the court and schedule a 146.14 hearing. The matter must then proceed under subdivision 2. 146.15 (d) If the public authority does not receive a request for 146.16 a hearing within 30 days and the obligor does not enter into a 146.17 payment agreement within 90 days of the date of the notice, the 146.18 public authority must direct the commissioner of public safety 146.19 to suspend the obligor's driver's license. 146.20 Subd. 4. [FAILURE TO REMAIN IN COMPLIANCE WITH A PAYMENT 146.21 AGREEMENT.] The license of an obligor who fails to remain in 146.22 compliance with a payment agreement may be suspended. Notice to 146.23 the obligor of intent to suspend under this subdivision must be 146.24 served by first class mail at the obligor's last known address 146.25 and must include a notice of hearing. The notice must be served 146.26 upon the obligor not less than ten days before the date of the 146.27 hearing. If the obligor appears at the hearing and the judge 146.28 determines that the obligor has failed to comply with a payment 146.29 agreement, the judge must notify the department of public safety 146.30 to suspend the obligor's license. If the obligor fails to 146.31 appear at the hearing, the public authority may notify the 146.32 department of public safety to suspend the obligor's license. 146.33 Subd. 5. [REINSTATEMENT.] An obligor whose driver's 146.34 license or operating privileges are suspended may provide proof 146.35 to the public authority that the obligor is in compliance with 146.36 all payment agreements. Within 15 days of the receipt of that 147.1 proof, the public authority must inform the commissioner of 147.2 public safety that the obligor's driver's license or operating 147.3 privileges should no longer be suspended. 147.4 Subd. 6. [REPORT TO THE LEGISLATURE.] On January 15, 2003, 147.5 and every two years after that, the commissioner of human 147.6 services must submit a report to the legislature that identifies 147.7 the following information relevant to the implementation of this 147.8 section: 147.9 (1) the number of child support obligors notified of an 147.10 intent to suspend a driver's license; 147.11 (2) the amount collected in payments from the child support 147.12 obligors notified of an intent to suspend a driver's license; 147.13 (3) the number of cases paid in full and payment agreements 147.14 executed in response to notification of an intent to suspend a 147.15 driver's license; 147.16 (4) the number of cases in which there has been 147.17 notification and no payments or payment agreements; 147.18 (5) the number of driver's licenses suspended; and 147.19 (6) the cost of implementation and operation of the 147.20 requirements of this section. 147.21 Sec. 63. [517C.76] [OCCUPATIONAL LICENSE SUSPENSION.] 147.22 Subdivision 1. [FACTORS WARRANTING SUSPENSION.] An 147.23 obligor's occupational license must be suspended if: 147.24 (1) the obligor has child support arrears amounting to at 147.25 least three times the obligor's total monthly support obligation 147.26 and the obligor is not in compliance with a payment agreement; 147.27 or 147.28 (2) the obligor has failed, after receiving notice, to 147.29 comply with a subpoena relating to a paternity or child support 147.30 proceeding. 147.31 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 147.32 of a party, the court must order a licensing board or agency to 147.33 suspend an obligor's license under section 214.101 if the court 147.34 finds that a factor in subdivision 1 exists. 147.35 (b) The motion must be properly served and there must be an 147.36 opportunity for a hearing pursuant to court rules. If a hearing 148.1 is requested, the obligor must be served written notice of the 148.2 time and date of the hearing at least 14 days prior to the 148.3 hearing. The notice must specify the allegations against the 148.4 obligor. The notice may be served personally or by mail. 148.5 (c) The court's order must be stayed for 90 days in order 148.6 to allow the obligor to enter into a payment agreement. If the 148.7 obligor has not entered into or is not in compliance with a 148.8 payment agreement after the 90 days expire, the court's order 148.9 becomes effective. 148.10 (d) At a hearing regarding the obligor's failure to comply 148.11 with a subpoena, the only issues to be considered are mistake of 148.12 fact and whether the obligor received the subpoena. 148.13 (e) If the obligor is a licensed attorney, the court must 148.14 report the matter to the lawyer's professional responsibility 148.15 board for appropriate action in accordance with the Rules of 148.16 Professional Conduct. 148.17 Subd. 3. [SUSPENSION INITIATED BY THE PUBLIC 148.18 AUTHORITY.] (a) The public authority must direct a licensing 148.19 board or agency to suspend an obligor's license under section 148.20 214.101 if the public authority determines that the factors in 148.21 subdivision 1 exist. 148.22 (b) At least 90 days before directing the suspension of an 148.23 occupational license, the public authority must attempt to 148.24 notify the obligor that it intends to seek suspension and that 148.25 the obligor must request a hearing within 30 days in order to 148.26 contest the suspension. The notice must be in writing and 148.27 mailed to the obligor at the obligor's last known address. 148.28 (c) If the obligor makes a written request for a hearing 148.29 within 30 days a court hearing must be held. The public 148.30 authority must then make a motion to the court and schedule a 148.31 hearing. The matter must then proceed under subdivision 2. 148.32 (d) If the public authority does not receive a request for 148.33 a hearing within 30 days and the obligor does not execute a 148.34 payment agreement within 90 days of the date of the notice, the 148.35 public authority must direct the licensing board or agency to 148.36 suspend the obligor's license. 149.1 (e) If the obligor is a licensed attorney, the public 149.2 authority may report the matter to the lawyer's professional 149.3 responsibility board for appropriate action in accordance with 149.4 the Rules of Professional Conduct. 149.5 Subd. 4. [FAILURE TO REMAIN IN COMPLIANCE WITH AN APPROVED 149.6 PAYMENT AGREEMENT.] The license of an obligor who fails to 149.7 remain in compliance with a payment agreement may be suspended. 149.8 Notice to the obligor of an intent to suspend under this 149.9 subdivision must be served by first class mail at the obligor's 149.10 last known address and must include a notice of hearing. The 149.11 notice must be served upon the obligor not less than ten days 149.12 before the date of the hearing. If the obligor appears at the 149.13 hearing and the judge determines that the obligor has failed to 149.14 comply with a payment agreement, the judge must notify the 149.15 licensing board or agency to suspend the obligor's license. If 149.16 the obligor fails to appear at the hearing, the public authority 149.17 may notify the licensing board or agency to suspend the 149.18 obligor's license. 149.19 Subd. 5. [REINSTATEMENT.] An obligor whose occupational 149.20 license is suspended may provide proof to the public authority 149.21 that the obligor is in compliance with all payment agreements. 149.22 Within 15 days of the receipt of that proof, the public 149.23 authority must inform the licensing board or agency or the 149.24 lawyer's professional responsibility board that the obligor is 149.25 no longer ineligible for license issuance, reinstatement, or 149.26 renewal under this section. 149.27 Sec. 64. [517C.77] [DATA ON SUSPENSIONS FOR SUPPORT 149.28 ARREARS.] 149.29 Notwithstanding section 13.03, subdivision 4, paragraph 149.30 (c), data on an occupational license suspension under section 149.31 517C.76 or a driver's license suspension under section 517C.75, 149.32 that are transferred by the department of human services to 149.33 respectively the department of public safety or a state, county, 149.34 or municipal occupational licensing agency must have the same 149.35 classification at the department of public safety or other 149.36 receiving agency under section 13.02, as other license 150.1 suspension data held by the receiving agency. The transfer of 150.2 the data does not affect the classification of the data in the 150.3 hands of the department of human services. 150.4 Sec. 65. [517C.78] [RECREATIONAL LICENSE SUSPENSION.] 150.5 Subdivision 1. [MOTION; FACTORS.] (a) A party may make a 150.6 motion to suspend the recreational license or licenses of an 150.7 obligor. The motion must be served on the obligor in person or 150.8 by first class mail at the obligor's last known address. There 150.9 must be an opportunity for a hearing. The court may direct the 150.10 commissioner of natural resources to suspend or bar receipt of 150.11 the obligor's recreational license or licenses if it finds that: 150.12 (1) the obligor has child support arrears amounting to at 150.13 least six times the obligor's total monthly support payments and 150.14 the obligor is not in compliance with a payment agreement; or 150.15 (2) the obligor has failed, after receiving notice, to 150.16 comply with a subpoena relating to a paternity or child support 150.17 proceeding. 150.18 (b) Prior to utilizing this section, the court must find 150.19 that other substantial enforcement mechanisms have been 150.20 attempted but have not resulted in compliance. 150.21 Subd. 2. [AFFECTED LICENSES.] For purposes of this 150.22 section, a recreational license includes all licenses, permits, 150.23 and stamps issued centrally by the commissioner of natural 150.24 resources under sections 97B.301, 97B.401, 97B.501, 97B.515, 150.25 97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305. 150.26 Subd. 3. [REINSTATEMENT.] An obligor whose recreational 150.27 license has been suspended or barred may provide proof to the 150.28 court that the obligor is in compliance with all payment 150.29 agreements. Within 15 days of receipt of that proof, the court 150.30 must notify the commissioner of natural resources that the 150.31 obligor's recreational license or licenses must no longer be 150.32 suspended nor may receipt be barred. 150.33 Sec. 66. [517C.79] [MOTOR VEHICLE LIEN.] 150.34 Subdivision 1. [FACTORS WARRANTING LIEN.] A lien must be 150.35 entered on any motor vehicle certificate of title subsequently 150.36 issued in the name of an obligor if the obligor has child 151.1 support arrears amounting to at least three times the obligor's 151.2 total monthly support obligation and the obligor is not in 151.3 compliance with a payment agreement. 151.4 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 151.5 of a party, if the court finds that the factors in subdivision 1 151.6 exist, the court must order the commissioner of public safety to 151.7 enter a lien in the name of the obligee or in the name of the 151.8 state of Minnesota, as appropriate, under section 168A.05, 151.9 subdivision 8, on any motor vehicle certificate of title 151.10 subsequently issued in the name of the obligor. 151.11 (b) The motion must be properly served and there must be an 151.12 opportunity for a hearing pursuant to court rules. If a hearing 151.13 is requested, the obligor must be served written notice of the 151.14 time and date of the hearing at least 14 days prior to the 151.15 hearing. The notice must specify the allegations against the 151.16 obligor. The notice may be served personally or by mail. 151.17 (c) The court's order must be stayed for 90 days in order 151.18 to allow the obligor to enter into a payment agreement. If the 151.19 obligor has not entered into or is not in compliance with a 151.20 payment agreement after the 90 days expires, the court's order 151.21 becomes effective and the commissioner of public safety must 151.22 record the lien on any motor vehicle certificate of title 151.23 subsequently issued in the name of the obligor. 151.24 Subd. 3. [LIEN INITIATED BY THE PUBLIC AUTHORITY.] (a) If 151.25 the public authority determines that the factors in subdivision 151.26 1 exist, the public authority must direct the commissioner of 151.27 public safety to enter a lien in the name of the obligee or in 151.28 the name of the state of Minnesota, as appropriate, under 151.29 section 168A.05, subdivision 8, on any motor vehicle certificate 151.30 of title subsequently issued in the name of the obligor. 151.31 (b) At least 90 days before directing the entry of a lien 151.32 under this section the public authority must attempt to notify 151.33 the obligor that it intends to record a lien and that the 151.34 obligor must request a hearing within 30 days in order to 151.35 contest the action. The notice must be in writing and mailed to 151.36 the obligor at the obligor's last known address. 152.1 (c) If the obligor makes a written request for a hearing 152.2 within 30 days a court hearing must be held. The public 152.3 authority must then make a motion to the court and schedule a 152.4 hearing. The matter must then proceed under subdivision 2. 152.5 (d) If the public authority does not receive a request for 152.6 a hearing within 30 days and the obligor does not enter into a 152.7 payment agreement within 90 days of the date of the notice, the 152.8 public authority must direct the commissioner of public safety 152.9 to record the lien. 152.10 Subd. 4. [RELEASE.] An obligor may provide proof to the 152.11 court or the public authority that the obligor is in compliance 152.12 with all payment agreements or that the value of the motor 152.13 vehicle is less than the exemption provided under section 152.14 550.37. Within 15 days of the receipt of that proof, the court 152.15 or public authority must either: 152.16 (1) execute a release of security interest under section 152.17 168A.20, subdivision 4, and mail or deliver the release to the 152.18 owner or other authorized person; or 152.19 (2) in instances where a lien has not yet been entered, 152.20 direct the commissioner of public safety not to enter a lien on 152.21 any motor vehicle certificate of title subsequently issued in 152.22 the name of the obligor. 152.23 Subd. 5. [NONEXEMPT VALUE.] A lien recorded against a 152.24 motor vehicle certificate of title under this section and 152.25 section 168A.05, subdivision 8, attaches only to the nonexempt 152.26 value of the motor vehicle as determined in accordance with 152.27 section 550.37. The value of a motor vehicle must be determined 152.28 in accordance with the retail value described in the National 152.29 Auto Dealers Association Official Used Car Guide, Midwest 152.30 Edition, for the current year, or in accordance with the 152.31 purchase price as defined in section 297B.01, subdivision 8. 152.32 Sec. 67. [517C.80] [PUBLICATION OF NAMES OF DELINQUENT 152.33 CHILD SUPPORT OBLIGORS.] 152.34 Subdivision 1. [MAKING NAMES PUBLIC.] At least once each 152.35 year, the commissioner of human services, in consultation with 152.36 the attorney general, must publish a list of the names and other 153.1 identifying information of no more than 25 persons who: 153.2 (1) are child support obligors; 153.3 (2) are at least $10,000 in arrears; 153.4 (3) are not in compliance with a payment agreement 153.5 regarding both current support and arrears approved by the 153.6 court, a child support magistrate, or the public authority; 153.7 (4) cannot currently be located by the public authority for 153.8 the purposes of enforcing a support order; and 153.9 (5) have not made a support payment except tax intercept 153.10 payments, in the preceding 12 months. 153.11 Subd. 2. [IDENTIFYING INFORMATION.] Identifying 153.12 information may include the obligor's name, last known address, 153.13 amount owed, date of birth, photograph, the number of children 153.14 for whom support is owed, and any additional information about 153.15 the obligor that would assist in identifying or locating the 153.16 obligor. The commissioner and attorney general may use posters, 153.17 media presentations, electronic technology, and other means that 153.18 the commissioner and attorney general determine are appropriate 153.19 for dissemination of the information, including publication on 153.20 the Internet. The commissioner and attorney general may make 153.21 any or all of the identifying information regarding these 153.22 persons public. Information regarding an obligor who meets the 153.23 criteria in this section will only be made public subsequent to 153.24 that person's selection by the commissioner and attorney general. 153.25 Subd. 3. [NOTICE.] (a) Before making public the name of 153.26 the obligor, the department of human services must send a notice 153.27 to the obligor's last known address stating the department's 153.28 intention to make public information on the obligor. The notice 153.29 must also provide an opportunity to have the obligor's name 153.30 removed from the list by paying the arrears or by entering into 153.31 an agreement to pay the arrears, or by providing information to 153.32 the public authority that there is good cause not to make the 153.33 information public. The notice must include the final date when 153.34 the payment or agreement can be accepted. 153.35 (b) The department of human services must obtain the 153.36 written consent of the obligee to make the name of the obligor 154.1 public. 154.2 Subd. 4. [NAMES PUBLISHED IN ERROR.] If the commissioner 154.3 makes a name public under subdivision 1 in error, the 154.4 commissioner must also offer to publish a printed retraction and 154.5 a public apology acknowledging that the name was made public in 154.6 error. If the person whose name was made public in error elects 154.7 the public retraction and apology, the retraction and apology 154.8 must appear in the same medium and the same format as the 154.9 original notice where the name was listed in error. In addition 154.10 to the right of a public retraction and apology, a person whose 154.11 name was made public in error has a civil action for damages 154.12 caused by the error. 154.13 Sec. 68. [517C.81] [COLLECTION; ARREARS.] 154.14 Subdivision 1. [COLLECTION OF ARREARS TO CONTINUE AFTER 154.15 CHILD IS EMANCIPATED.] Remedies available for the collection and 154.16 enforcement of support in this chapter and chapters 256, 257, 154.17 and 518C also apply to cases in which a child for whom support 154.18 is owed is emancipated and the obligor owes past support or has 154.19 accumulated arrears. Child support arrears under this section 154.20 include arrears for child support, medical support, child care, 154.21 pregnancy and birth expenses, and unreimbursed medical expenses 154.22 as defined in section 517C.15. 154.23 Subd. 2. [RETROACTIVE APPLICATION.] This section applies 154.24 retroactively to support arrears that accrued on or before the 154.25 date of enactment and to all arrears accruing after the date of 154.26 enactment. 154.27 Subd. 3. [LIMITATIONS.] Past support or pregnancy and 154.28 confinement expenses ordered for which the obligor has specific 154.29 court ordered terms for repayment may not be enforced using 154.30 drivers' and occupational or professional license suspension, 154.31 credit bureau reporting, and additional income withholding under 154.32 section 517C.60, unless the obligor fails to comply with the 154.33 terms of the court order for repayment. 154.34 Sec. 69. [517C.82] [CASE REVIEWER.] 154.35 The commissioner must make a case reviewer available to 154.36 obligors and obligees. The reviewer must be available to answer 155.1 questions concerning the collection process and to review the 155.2 collection activity taken. A reviewer who reasonably believes 155.3 that a particular action being taken is unreasonable or unfair 155.4 may make recommendations to the commissioner and the applicable 155.5 county in regard to the collection action. 155.6 Sec. 70. [517C.83] [ATTORNEY FEES; COLLECTION COSTS.] 155.7 Subdivision 1. [GENERAL.] (a) A child support obligee is 155.8 entitled to recover from the obligor reasonable attorney fees 155.9 and other collection costs incurred to enforce a child support 155.10 judgment, as provided in this section. 155.11 (b) In order to recover collection costs under this 155.12 section, the arrears must be at least $500 and must be at least 155.13 90 days past due. In addition, the arrears must be a docketed 155.14 judgment under sections 548.09 and 548.091. 155.15 (c) If the obligor pays in full the judgment rendered under 155.16 section 548.091 within 20 days of receipt of notice of entry of 155.17 judgment, the obligee is not entitled to recover attorney fees 155.18 or collection costs under this section. 155.19 Subd. 2. [ENFORCEMENT.] Attorney fees and collection costs 155.20 obtained under this section are considered child support and 155.21 entitled to the applicable remedies for collection and 155.22 enforcement of child support. 155.23 Subd. 3. [NOTICE TO PUBLIC AUTHORITY.] If the public 155.24 authority is a party to a case, an obligee must provide written 155.25 notice to the public authority within five days of: 155.26 (1) contracting with an attorney or collection entity to 155.27 enforce a child support judgment; or 155.28 (2) receipting payments received on a child support 155.29 judgment. 155.30 Subd. 4. [NOTICE TO OBLIGOR; HEARING.] (a) The obligee 155.31 must serve notice of the obligee's intent to recover attorney 155.32 fees and collections costs by certified or registered mail on 155.33 the obligor at the obligor's last known address. The notice 155.34 must include an itemization of the attorney fees and collection 155.35 costs being sought by the obligee. It must inform the obligor 155.36 that the fees and costs will become an additional judgment for 156.1 child support unless, within 20 days of mailing of the notice, 156.2 the obligor requests a hearing: 156.3 (1) on the reasonableness of the fees and costs; or 156.4 (2) to contest the child support judgment on grounds 156.5 limited to mistake of fact. 156.6 (b) If the obligor requests a hearing, the only issues to 156.7 be determined by the court are: 156.8 (1) whether the attorney fees or collection costs were 156.9 reasonably incurred by the obligee for the enforcement of a 156.10 child support judgment against the obligor; or 156.11 (2) the validity of the child support judgment on grounds 156.12 limited to mistake of fact. 156.13 (c) The fees and costs may not exceed 30 percent of the 156.14 arrears. The court may modify the amount of attorney fees and 156.15 costs as appropriate and must enter judgment accordingly. 156.16 (d) If the obligor fails to request a hearing within 20 156.17 days of mailing of the notice under paragraph (a), the amount of 156.18 the attorney fees or collection costs requested by the obligee 156.19 in the notice automatically becomes an additional judgment for 156.20 child support. 156.21 Subd. 5. [FORMS.] The commissioner of human services must 156.22 prepare and make available to the court and the parties forms 156.23 for use in providing for notice and requesting a hearing under 156.24 this section. 156.25 Sec. 71. [517C.99] [REQUIRED NOTICES.] 156.26 Subdivision 1. [REQUIREMENT.] Every court order or 156.27 judgment and decree that provides for child support, spousal 156.28 maintenance, custody, or parenting time must contain certain 156.29 notices as set out in subdivision 3. The information in the 156.30 notices must be concisely stated in plain language. The notices 156.31 must be in clearly legible print, but may not exceed two pages. 156.32 An order or judgment and decree without the notice remains 156.33 subject to all statutes. The court may waive all or part of the 156.34 notice required under subdivision 3 relating to change of 156.35 address notification and similar information if it finds it is 156.36 necessary to protect the welfare of a party or child. 157.1 Subd. 2. [COPIES OF LAWS AND FORMS.] The district court 157.2 administrator must make copies of the sections referred to in 157.3 subdivision 3 available at no charge and must provide forms to 157.4 request or contest attorney fees, collection costs, and 157.5 cost-of-living increases. 157.6 Subd. 3. [CONTENTS.] The required notices must be 157.7 substantially as follows: 157.8 IMPORTANT NOTICE 157.9 1. PAYMENTS TO PUBLIC AUTHORITY 157.10 According to Minnesota Statutes, section 517C.35, payments 157.11 ordered for maintenance and support must be paid to the public 157.12 authority as long as the person entitled to receive the payments 157.13 is receiving or has applied for public assistance or has applied 157.14 for support and maintenance collection services. MAIL PAYMENTS 157.15 TO: 157.16 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 157.17 FELONY 157.18 A person may be charged with a felony who conceals a minor 157.19 child or takes, obtains, retains, or fails to return a minor 157.20 child from or to the child's parent (or person with custodial or 157.21 visitation rights), according to Minnesota Statutes, section 157.22 609.26. A copy of that section is available from any district 157.23 court clerk. 157.24 3. RULES OF SUPPORT, MAINTENANCE, VISITATION 157.25 (a) Payment of support or spousal maintenance is to be as 157.26 ordered, and the giving of gifts or making purchases of food, 157.27 clothing, and the like will not fulfill the obligation. 157.28 (b) Payment of support must be made as it becomes due, and 157.29 failure to secure or denial of rights of visitation is NOT an 157.30 excuse for nonpayment, but the aggrieved party must seek relief 157.31 through a proper motion filed with the court. 157.32 (c) Nonpayment of support is not grounds to deny 157.33 visitation. The party entitled to receive support may apply for 157.34 support and collection services, file a contempt motion, or 157.35 obtain a judgment as provided in Minnesota Statutes, section 157.36 548.091. 158.1 (d) The payment of support or spousal maintenance takes 158.2 priority over payment of debts and other obligations. 158.3 (e) A party who accepts additional obligations of support 158.4 does so with the full knowledge of the party's prior obligation 158.5 under this proceeding. 158.6 (f) Child support or maintenance is based on annual income, 158.7 and it is the responsibility of a person with seasonal 158.8 employment to budget income so that payments are made throughout 158.9 the year as ordered. 158.10 (g) If there is a layoff or a pay reduction, support may be 158.11 reduced as of the time of the layoff or pay reduction if a 158.12 motion to reduce the support is served and filed with the court 158.13 at that time, but any such reduction must be ordered by the 158.14 court. The court is not permitted to reduce support 158.15 retroactively, except as provided in Minnesota Statutes, section 158.16 517C.29. 158.17 (h) Reasonable visitation guidelines are contained in 158.18 Appendix B, which is available from the court administrator. 158.19 4. PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 158.20 Unless otherwise provided by the court: 158.21 (a) Each party has the right of access to and the right to 158.22 receive copies of school, medical, dental, religious training, 158.23 and other important records and information about the minor 158.24 children. Each party has the right of access to information 158.25 regarding health or dental insurance available to the minor 158.26 children. Presentation of a copy of this order to the custodian 158.27 of a record or other information about the minor children 158.28 constitutes sufficient authorization for the release of the 158.29 record or information to the requesting party. 158.30 (b) Each party must keep the other informed as to the name 158.31 and address of the school of attendance of the minor children. 158.32 Each party has the right to be informed by school officials 158.33 about the children's welfare, educational progress and status, 158.34 and to attend school and parent teacher conferences. The school 158.35 is not required to hold a separate conference for each party. 158.36 (c) In case of an accident or serious illness of a minor 159.1 child, each party must notify the other party of the accident or 159.2 illness, and the name of the health care provider and the place 159.3 of treatment. 159.4 (d) Each party has the right of reasonable access and 159.5 telephone contact with the minor children. 159.6 5. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 159.7 Child support and/or spousal maintenance may be withheld 159.8 from income, with or without notice to the person obligated to 159.9 pay, when the conditions of Minnesota Statutes, sections 517C.51 159.10 to 517C.62, have been met. A copy of those sections is 159.11 available from any district court clerk. 159.12 6. CHANGE OF ADDRESS OR RESIDENCE 159.13 Unless otherwise ordered, each party must notify the other 159.14 party, the court, and the public authority, if applicable, of 159.15 the following information within ten days of any change: the 159.16 residential and mailing address, telephone number, driver's 159.17 license number, social security number, and name, address, and 159.18 telephone number of the employer. 159.19 7. COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 159.20 Child support and/or spousal maintenance may be adjusted 159.21 every two years based upon a change in the cost-of-living (using 159.22 Department of Labor Consumer Price Index .........., unless 159.23 otherwise specified in this order) when the conditions of 159.24 Minnesota Statutes, section 517C.31, are met. Cost-of-living 159.25 increases are compounded. A copy of Minnesota Statutes, section 159.26 517C.31, and forms necessary to request or contest a 159.27 cost-of-living increase are available from any district court 159.28 clerk. 159.29 8. JUDGMENTS FOR UNPAID SUPPORT 159.30 If a person fails to make a child support payment, the 159.31 payment owed becomes a judgment against the person responsible 159.32 to make the payment by operation of law on or after the date the 159.33 payment is due, and the person entitled to receive the payment 159.34 or the public authority may obtain entry and docketing of the 159.35 judgment WITHOUT NOTICE to the person responsible to make the 159.36 payment under Minnesota Statutes, section 548.091. Interest 160.1 begins to accrue on a payment or installment of child support 160.2 whenever the unpaid amount due is greater than the current 160.3 support due, according to Minnesota Statutes, section 548.091, 160.4 subdivision 1a. 160.5 9. JUDGMENTS FOR UNPAID MAINTENANCE 160.6 A judgment for unpaid spousal maintenance may be entered 160.7 when the conditions of Minnesota Statutes, section 548.091, are 160.8 met. A copy of that section is available from any district 160.9 court clerk. 160.10 10. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 160.11 SUPPORT 160.12 A judgment for attorney fees and other collection costs 160.13 incurred in enforcing a child support order will be entered 160.14 against the person responsible to pay support when the 160.15 conditions of section 517C.07, are met. A copy of section 160.16 517C.07 and forms necessary to request or contest these attorney 160.17 fees and collection costs are available from any district court 160.18 clerk. 160.19 11. VISITATION EXPEDITOR PROCESS 160.20 On request of either party or on its own motion, the court 160.21 may appoint a visitation expeditor to resolve visitation 160.22 disputes under Minnesota Statutes, section 518.1751. A copy of 160.23 that section and a description of the expeditor process is 160.24 available from any district court clerk. 160.25 12. VISITATION REMEDIES AND PENALTIES 160.26 Remedies and penalties for the wrongful denial of 160.27 visitation rights are available under Minnesota Statutes, 160.28 section 518.175, subdivision 6. These include compensatory 160.29 visitation, civil penalties, bond requirements, contempt, and 160.30 reversal of custody. A copy of that subdivision and forms for 160.31 requesting relief are available from any district court clerk. 160.32 Sec. 72. [INSTRUCTION TO REVISOR.] 160.33 The revisor of statutes must correct internal 160.34 cross-references to sections that are now in Minnesota Statutes, 160.35 chapter 517C, throughout Minnesota Statutes and Minnesota Rules. 160.36 Sec. 73. [REPEALER.] 161.1 Minnesota Statutes 2000, sections 518.111; 518.171; 161.2 518.255; 518.54, subdivisions 2, 4a, 13, and 14; 518.551; 161.3 518.5513; 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 161.4 518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617; 161.5 518.618; 518.6195; and 518.66, are repealed. 161.6 Sec. 74. [EFFECTIVE DATE.] 161.7 This act is effective July 1, 2001.