2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to family law; reforming and recodifying the 1.3 law relating to marriage dissolution, child custody, 1.4 child support, maintenance, and property division; 1.5 clarifying certain medical support bonus incentive 1.6 provisions; making style and form changes; amending 1.7 Minnesota Statutes 2000, sections 256.9791; 518.002; 1.8 518.003, subdivisions 1 and 3; 518.005; 518.01; 1.9 518.02; 518.03; 518.04; 518.05; 518.055; 518.06; 1.10 518.07; 518.09; 518.10; 518.11; 518.12; 518.13; 1.11 518.131; 518.14, subdivision 1; 518.148; 518.155; 1.12 518.156; 518.157, subdivisions 1, 2, 3, 5, and 6; 1.13 518.158, subdivisions 2 and 4; 518.165; 518.166; 1.14 518.167, subdivisions 3, 4, and 5; 518.168; 518.1705, 1.15 subdivision 6; 518.175, subdivisions 1, 1a, 2, 3, 5, 1.16 6, 7, and 8; 518.1751, subdivisions 1b, 2, 2a, 2b, 2c, 1.17 and 3; 518.176; 518.177; 518.178; 518.179, subdivision 1.18 1; 518.18; 518.24; 518.25; 518.54, subdivisions 1, 5, 1.19 6, 7, and 8; 518.55; 518.552; 518.58; 518.581; 1.20 518.582; 518.612; 518.619; 518.62; 518.64, 1.21 subdivisions 1 and 2; 518.641; 518.642; 518.646; and 1.22 518.65; proposing coding for new law in Minnesota 1.23 Statutes, chapters 517A; and 518; proposing coding for 1.24 new law as Minnesota Statutes, chapters 517B; and 1.25 517C; repealing Minnesota Statutes 2000, sections 1.26 518.111; 518.17; 518.171; 518.185; 518.255; 518.54, 1.27 subdivisions 2, 4a, 13, and 14; 518.551; 518.5513; 1.28 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 1.29 518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 1.30 518.617; 518.618; 518.6195; 518.64, subdivisions 4, 1.31 4a, and 5; and 518.66. 1.32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.33 ARTICLE 1 1.34 MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT 1.35 Section 1. [517A.25] [SIX-MONTH REVIEW.] 1.36 (a) A decree of dissolution or legal separation or an order 1.37 that establishes child custody, parenting time, or support 1.38 rights and obligations of parents must contain a review date six 2.1 months after its entry. At the six-month hearing the court must 2.2 review: 2.3 (1) whether child support is current; and 2.4 (2) whether both parties are complying with the parenting 2.5 time provisions of the order. 2.6 (b) At the six-month hearing, the obligor has the burden to 2.7 present evidence to establish that child support payments are 2.8 current. A party may request that the public authority provide 2.9 information to the parties and court regarding child support 2.10 payments. A party must request the information from the public 2.11 authority at least 14 days before the hearing. The commissioner 2.12 of human services must develop a form to be used by the public 2.13 authority to submit child support payment information to the 2.14 parties and court. 2.15 (c) A hearing need not be held under this section if both 2.16 parties file an affidavit with the court administrator before 2.17 the scheduled hearing date indicating that child support is 2.18 current and that the parties are complying with the parenting 2.19 time provisions of the order. 2.20 (d) Contempt of court and all statutory remedies for child 2.21 support and parenting time enforcement may be imposed by the 2.22 court at the six-month hearing for noncompliance by either party. 2.23 (e) At least one month before the six-month hearing, a 2.24 court administrator must send the parties written notice of the 2.25 hearing. The written notice must include a statement that an 2.26 obligor has the burden to present evidence at the hearing to 2.27 establish that child support payments are current. The written 2.28 notice also must include a statement that a hearing will not be 2.29 held if both parties submit an affidavit to the court 2.30 administrator before the hearing date indicating that child 2.31 support is current and that the parties are in compliance with 2.32 parenting time provisions. 2.33 Sec. 2. Minnesota Statutes 2000, section 518.002, is 2.34 amended to read: 2.35 518.002 [USE TERM DISSOLUTIONMEANING OF DIVORCE.] 2.36Wherever the word"Divorce"is, as used in the statutes,it3.1 has the same meaning as "dissolution" or "dissolution of 3.2 marriage." 3.3 Sec. 3. Minnesota Statutes 2000, section 518.003, 3.4 subdivision 1, is amended to read: 3.5 Subdivision 1. [SCOPE.]For the purposes ofThe 3.6 definitions in this section apply to this chapter, the following3.7terms have the meanings provided in this section unless the3.8context clearly requires otherwise. 3.9 Sec. 4. Minnesota Statutes 2000, section 518.005, is 3.10 amended to read: 3.11 518.005 [RULES GOVERNING PROCEEDINGS.] 3.12 Subdivision 1. [APPLICABLE RULES.] Unless otherwise 3.13 specifically provided, the rules of civil procedure for the 3.14 district court apply to all proceedings under this chapter and 3.15 chapters 517B and 517C. 3.16 Subd. 2. [TITLE.] A proceeding for dissolution of 3.17 marriage, legal separation, or annulmentshallmust be entitled 3.18 "In re the Marriage of .......... and .......... ."A custody3.19or support proceeding shall be entitled "In re the (Custody)3.20(Support) of .......... ."3.21 Subd. 3. [NAMES OF PLEADINGS.] The initial pleading in all 3.22 proceedings undersections 518.002 to 518.66 shallthis chapter 3.23 and chapters 517B and 517C must be denominated a petition. A 3.24 responsive pleadingshallmust be denominated an answer. Other 3.25 pleadingsshallmust be denominated as provided in the rules of 3.26 civil procedure. 3.27 Subd. 4. [DECREE; JUDGMENT.] Insections 518.002 to 518.663.28 this chapter and chapters 517B and 517C, "decree" includes 3.29 "judgment." 3.30 Subd. 5. [PROHIBITED DISCLOSURE.] In all proceedings under 3.31 this chapter and chapters 517B and 517C, in which public 3.32 assistance is assigned under section 256.741 or the public 3.33 authority provides services to a party or parties to the 3.34 proceedings, notwithstanding statutory or other authorization 3.35 for the public authority to release private data on the location 3.36 of a party to the action, information on the location of one 4.1 party may not be released by the public authority to the other 4.2 party if: 4.3 (1) the public authority has knowledge that a protective 4.4 order with respect to the other party has been entered; or 4.5 (2) the public authority has reason to believe that the 4.6 release of the information may result in physical or emotional 4.7 harm to the other party. 4.8 Subd. 6. [REQUIRED NOTICE.] Every court order or judgment 4.9 and decree that provides for child support, spousal maintenance, 4.10 custody, or parenting time must contain the notices required by 4.11 section 517C.99. 4.12 Sec. 5. Minnesota Statutes 2000, section 518.01, is 4.13 amended to read: 4.14 518.01 [VOID MARRIAGES.] 4.15All marriages which areA marriage prohibited by section 4.16 517.03shall be absolutelyis void,without any decree of 4.17 dissolution or other legal proceedings; except if a person whose 4.18 husband or wife has been absent for four successive years, 4.19 without being known to the person to be living during that time, 4.20 marries during the lifetime of the absent husband or wife, the 4.21 marriageshall beis void only from the time that its nullity is 4.22 duly adjudged. If the absentee is declared dead in accordance 4.23 with section 576.142, the subsequent marriageshallis notbe4.24 void. 4.25 Sec. 6. Minnesota Statutes 2000, section 518.02, is 4.26 amended to read: 4.27 518.02 [VOIDABLE MARRIAGES.] 4.28 A marriageshallmust be declared a nullityunder the4.29following circumstancesif: 4.30(a)(1) a party lacked capacity to consent to the marriage 4.31 at the time the marriage was solemnized, eitherbecause of: (i) 4.32 mental incapacity or infirmityandif the other party at the 4.33 time the marriage was solemnized did not know of the incapacity; 4.34or because of(ii) the influence of alcohol, drugs, or other 4.35 incapacitating substances; orbecause(iii) consent of either 4.36washaving been obtained by force or fraudand there waswith no 5.1 subsequent voluntary cohabitation of the parties; 5.2(b)(2) a party lacks the physical capacity to consummate 5.3 the marriage by sexual intercourse and the other party at the 5.4 time the marriage was solemnized did not know of the incapacity; 5.5 or 5.6(c)(3) a party was under the age for marriage established 5.7 by section 517.02. 5.8 Sec. 7. Minnesota Statutes 2000, section 518.03, is 5.9 amended to read: 5.10 518.03 [ACTION TO ANNUL; DECREE.] 5.11 An annulmentshallmust be commencedand, the complaint 5.12shall befiled, and proceedings had as in proceedings for 5.13 dissolution. Upon due proof of the nullity of the marriage, 5.14 itshallmust be adjudged null and void. 5.15 The provisions of sections 518.54 to 518.66 relating to 5.16 property rights of the spouses, maintenance, support, and 5.17 custody of children on dissolution of marriage are applicable to 5.18 proceedings for annulment. 5.19 Sec. 8. Minnesota Statutes 2000, section 518.04, is 5.20 amended to read: 5.21 518.04 [INSUFFICIENT GROUNDS FOR ANNULMENT.] 5.22 No marriageshallmay be adjudged a nullity on the ground 5.23 that one of the parties was under the age of legal consent if it 5.24 appears that the parties had voluntarily cohabited together as 5.25 husband and wife after having attainedsuchthat age; nor5.26shall. The marriage ofanyan insane person must not be 5.27 adjudged void after restoration of the insane person to reason, 5.28 if it appears that the parties freely cohabited together as 5.29 husband and wife aftersuchthe restoration to reason. 5.30 Sec. 9. Minnesota Statutes 2000, section 518.05, is 5.31 amended to read: 5.32 518.05 [ANNULMENT; WHEN TO BRING.] 5.33 An annulment may be sought by any of the following persons 5.34 and must be commenced within the times specified, but in no 5.35 event may an annulment be sought after the death of either party 5.36 to the marriage: 6.1(a) For a reason set forth in(1) under section 518.02, 6.2 clause(a)(1), by either party or by the legal representative 6.3 of the party who lacked capacity to consent, no later than 90 6.4 days after the petitioner obtained knowledge of the described 6.5 condition; 6.6(b) For the reason set forth in(2) under section 518.02, 6.7 clause(b)(2), by either party no later than one year after the 6.8 petitioner obtained knowledge of the described condition; 6.9(c) For the reason set forth in(3) under section 518.02, 6.10 clause(c)(3), by the underaged party,or the party's parent or 6.11 guardian,before the time the underaged party reaches the age at 6.12 which the party could have married without satisfying the 6.13 omitted requirement. 6.14 Sec. 10. Minnesota Statutes 2000, section 518.055, is 6.15 amended to read: 6.16 518.055 [PUTATIVE SPOUSE.] 6.17 Any person who has cohabited with another to whom the 6.18 person is not legally married in the good faith belief that the 6.19 person was married to the other is a putative spouse until 6.20 knowledge of the fact that the person is not legally married 6.21 terminates the status and prevents acquisition of further 6.22 rights. A putative spouse acquires the rights conferred upon a 6.23 legal spouse, including the right to maintenance following 6.24 termination of the status, whether or not the marriage is 6.25 prohibited or declared a nullity. If there is a legal spouse or 6.26 other putative spouses, rights acquired by a putative spouse do 6.27 not supersede the rights of the legal spouse or those acquired 6.28 by other putative spouses, but the courtshallmust apportion 6.29 property, maintenance, and support rights among the claimants as 6.30 appropriate in the circumstances and in the interests of justice. 6.31 Sec. 11. Minnesota Statutes 2000, section 518.06, is 6.32 amended to read: 6.33 518.06 [DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS; 6.34 UNCONTESTED LEGAL SEPARATION.] 6.35 Subdivision 1. [MEANING AND EFFECTOF DECREES; GROUNDS.] A 6.36 dissolution of marriage is the termination of the marital 7.1 relationship between a husband and wife. A decree of 7.2 dissolution completely terminates the marital status of both 7.3 parties. A legal separation is a court determination of the 7.4 rights and responsibilities of a husband and wife arising out of 7.5 the marital relationship. A decree of legal separation does not 7.6 terminate the marital status of the parties. 7.7 A dissolution of a marriageshallmust be grantedby a7.8county or district court whenif the court finds that there has 7.9 been an irretrievable breakdown of the marriage relationship. A 7.10decree oflegal separationshallmust be grantedwhenif the 7.11 court finds that one or both parties need a legal separation. 7.12 Defenses to divorce, dissolution and legal separation, 7.13 including, but not limited to, condonation, connivance, 7.14 collusion, recrimination, insanity, and lapse of time, are 7.15 abolished. 7.16 Subd. 3. [UNCONTESTED LEGAL SEPARATION.] If one or both 7.17 parties petition for a decree of legal separation and neither 7.18 party contests the granting of the decree nor petitions for a 7.19 decree of dissolution, the courtshallmust grant a decree of 7.20 legal separation. 7.21 Sec. 12. Minnesota Statutes 2000, section 518.07, is 7.22 amended to read: 7.23 518.07 [RESIDENCE OF PARTIES.] 7.24NoA dissolutionshallmust not be granted unless (1) one 7.25 of the parties has resided in this state,orhasbeen a member 7.26 of the armed services stationed in this state,fornot less than7.27 at least 180 days immediately preceding the commencement of the 7.28 proceeding; or (2) one of the parties has been a domiciliary of 7.29 this state fornot less thanat least 180 days immediately 7.30 preceding commencement of the proceeding. 7.31 Sec. 13. Minnesota Statutes 2000, section 518.09, is 7.32 amended to read: 7.33 518.09 [PROCEEDING; HOW AND WHERE BROUGHT; VENUE.] 7.34 A proceeding for dissolution or legal separation may be 7.35 brought by either or both spouses andshall beis commenced by 7.36 personal service of the summons and petition venued in the 8.1 county where either spouse resides. If neither party resides in 8.2 the state and jurisdiction is based on the domicile of either 8.3spouseparty, the proceeding may be brought in the county where 8.4 either party is domiciled. If neither party resides or is 8.5 domiciled in this state and jurisdiction is premised upon one of 8.6 the parties being a member of the armed services stationed in 8.7 this state for not less than 180 days immediately preceding the 8.8 commencement of the proceeding, the proceeding may be brought in 8.9 the county where the member is stationed. This venueshall be8.10 is subject to the court's powerof the courtto change the place 8.11 of hearing by consent of the parties,or whenif it appears to 8.12 the court that an impartial hearing cannot be had in the county 8.13 where the proceedings are pending, orwhenif the convenience of 8.14 the parties or the ends of justice would be promoted by the 8.15 change. No summonsshall beif required if a joint petition is 8.16 filed. 8.17 Sec. 14. Minnesota Statutes 2000, section 518.10, is 8.18 amended to read: 8.19 518.10 [REQUISITES OF PETITION.] 8.20TheA petition for dissolution of marriage or legal 8.21 separationshallmust state and allege: 8.22(a)(1) the name, address, and, in circumstances in which 8.23 child support or spousal maintenance will be addressed, social 8.24 security number of the petitioner and any prior or other name 8.25 used by the petitioner; 8.26(b)(2) the name and, if known, the address and, in 8.27 circumstances in which child support or spousal maintenance will 8.28 be addressed, social security number of the respondent and any 8.29 prior or other name used by the respondent and known to the 8.30 petitioner; 8.31(c)(3) the place and date of the marriage of the parties; 8.32(d)(4) in the case of a petition for dissolution, that 8.33 either the petitioner or the respondent or both: 8.34(1)(i) has resided in this state for not less than 180 8.35 days immediately preceding the commencement of the proceeding,8.36or; 9.1(2)(ii) has been a member of the armed services and has 9.2 been stationed in this state for not less than 180 days 9.3 immediately preceding the commencement of the proceeding,; or 9.4(3)(iii) has been a domiciliary of this state for not less 9.5 than 180 days immediately preceding the commencement of the 9.6 proceeding; 9.7(e)(5) the name at the time of the petition and any prior 9.8 or other name, social security number, age, and date of birth of 9.9 each living minor or dependent child of the parties born before 9.10 the marriage or born or adopted during the marriage and a 9.11 reference to, and the expected date of birth of, a child of the 9.12 parties conceived during the marriage but not born; 9.13(f)(6) whether or not a separate proceeding for 9.14 dissolution, legal separation, or custody is pending in a court 9.15 in this state or elsewhere; 9.16(g)(7) in the case of a petition for dissolution, that 9.17 there has been an irretrievable breakdown of the marriage 9.18 relationship; 9.19(h)(8) in the case of a petition for legal separation, 9.20 that there is a need for a decree of legal separation; 9.21(i)(9) any temporary or permanent maintenance, child 9.22 support, child custody, disposition of property, attorneys' 9.23 fees, costs and disbursements applied for without setting forth 9.24 the amounts; and 9.25(j)(10) whether an order for protection under chapter 518B 9.26 or a similar law of another state that governs the parties or a 9.27 party and a minor child of the parties is in effect and, if so, 9.28 the district court or similar jurisdiction in which it was 9.29 entered. 9.30 The petitionshallmust be verified by the petitioner or 9.31 petitioners, and its allegations established by competent 9.32 evidence. 9.33 Sec. 15. Minnesota Statutes 2000, section 518.11, is 9.34 amended to read: 9.35 518.11 [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 9.36 (a) Unless a proceeding is brought by both parties, copies 10.1 of the summons and petitionshallmust be served on the 10.2 respondent personally. 10.3 (b)WhenServiceismade out of this state and within the 10.4 United States, itmay be proved by the affidavit of the person 10.5 making thesameservice.WhenServiceismadewithout10.6 outside of the United Statesitmay be proved by the affidavit 10.7 of the person making thesameservice, taken before and 10.8 certified by any United States minister, charge d'affaires, 10.9 commissioner, consul or commercial agent, or other consular or 10.10 diplomatic officer of the United States appointed to reside 10.11 insuchthe country, includingall deputiesa deputy or other 10.12representativesrepresentative ofsuchthe officer authorized to 10.13 performtheirthe officer's duties; or before an officer 10.14 authorized to administer an oath with the certificate of an 10.15 officer of a court of record of the countrywherein suchin 10.16 which the affidavit is taken as to the identity and authority of 10.17 the officer taking thesameaffidavit. 10.18 (c) If personal service cannot be made, the court may order 10.19 service of the summons by alternate means. The application for 10.20 alternate service must include the last known location of the 10.21 respondent; the petitioner's most recent contacts with the 10.22 respondent; the last known location of the respondent's 10.23 employment; the names and locations of the respondent's parents, 10.24 siblings, children, and other close relatives; the names and 10.25 locations of other persons who are likely to know the 10.26 respondent's whereabouts; and a description of efforts to locate 10.27 those persons. 10.28 The courtshallmust consider the length of time the 10.29 respondent's location has been unknown, the likelihood that the 10.30 respondent's location will become known, the nature of the 10.31 relief sought, and the nature of efforts made to locate the 10.32 respondent. The courtshallmust order service by first class 10.33 mail, forwarding address requested, to any addresses where there 10.34 is a reasonable possibility that mail or information will be 10.35 forwarded or communicated to the respondent or, if no address so 10.36 qualifies, then to the respondent's last known address. 11.1 If the petitioner seeks disposition of real estate located 11.2within the state ofin Minnesota, the courtshallmust order 11.3 that the summons, whichshallmust contain the legal description 11.4 of the real estate, be published in the county where the real 11.5 estate is located. The court may also order publication, within 11.6 or without the state, but only if it might reasonably succeed in 11.7 notifying the respondent of the proceeding. Also, the court may 11.8 require the petitioner to make efforts to locate the respondent 11.9 by telephone calls to appropriate persons. Serviceshall beis 11.10 deemed complete 21 days after mailing or 21 days after 11.11 court-ordered publication. 11.12 Sec. 16. Minnesota Statutes 2000, section 518.12, is 11.13 amended to read: 11.14 518.12 [TIME FOR ANSWERING.] 11.15 The respondentshall havehas 30 days in which to answer 11.16 the petition. In case of service by publication, the 30 11.17 daysshalldoes not begin to run until the expiration of the 11.18 period allowed for publication. In the case of a 11.19 counterpetition for dissolution or legal separation to a 11.20 petition for dissolution or legal separation, no answershall be11.21 is required to the counterpetition and the original 11.22 petitionershall beis deemed to have denied each and every 11.23 statement, allegation, and claim in the counterpetition. 11.24 Sec. 17. Minnesota Statutes 2000, section 518.13, is 11.25 amended to read: 11.26 518.13 [FAILURE TO ANSWER; FINDINGS; HEARING.] 11.27 Subdivision 1. [DEFAULT.] If the respondent does not 11.28 appear after service duly made and proved, the court may hear 11.29 and determine the proceeding as a default matter. 11.30 Subd. 2. [DISPUTE OVER IRRETRIEVABLE BREAKDOWN.] If one of 11.31 the parties has denied under oath or affirmation that the 11.32 marriage is irretrievably broken, the courtshallmust consider 11.33 all relevant factors, including the circumstances that gave rise 11.34 to the commencement of the proceeding and the prospect of 11.35 reconciliation, andshallmake a finding whether the marriage is 11.36 irretrievably broken. 12.1 A finding of irretrievable breakdown under this subdivision 12.2 is a determination that there is no reasonable prospect of 12.3 reconciliation. The finding must be supported by evidence that 12.4 (i) the parties have lived separate and apart for a period of 12.5 not less than 180 days immediately preceding the commencement of 12.6 the proceeding, or (ii) there is serious marital discord 12.7 adversely affecting the attitude of one or both of the parties 12.8 toward the marriage. 12.9 Subd. 3. [AGREEMENT OVER IRRETRIEVABLE BREAKDOWN.] If both 12.10 parties by petition or otherwise have stated under oath or 12.11 affirmation that the marriage is irretrievably broken,or one of 12.12 the parties has so stated and the other has not denied it, the 12.13 court, after hearing,shallmust make a finding that the 12.14 marriage is irretrievably broken. 12.15 Subd. 4. [REFEREE; OPEN COURT.] The court or judge, upon 12.16 application, may refer the proceeding to a referee to take and 12.17 report the evidencetherein. Hearings for dissolution of 12.18 marriageshallmust be heard in open court or before a referee 12.19 appointed by the court to receive the testimony of the 12.20 witnesses,or depositions taken as in other equitable actions. 12.21 However, the court may in its discretion close the hearing. 12.22 Subd. 5. [APPROVAL WITHOUT HEARING.] Proposed findings of 12.23 fact, conclusions of law, order for judgment, and judgment and 12.24 decree must be submitted to the court for approval and filing 12.25 without a final hearing in the following situations: 12.26 (1) if there are no minor children of the marriage, and (i) 12.27 the parties have entered into a written stipulation, or (ii) the 12.28 respondent has not appeared after service duly made and proved 12.29 by affidavit and at least 20 days have elapsed since the time 12.30 for answering under section 518.12 expired; or 12.31 (2) if there are minor children of the marriage, the 12.32 parties have signed and acknowledged a stipulation, and all 12.33 parties are represented by counsel. 12.34 Notwithstanding clause (1) or (2), the courtshallmust 12.35 schedule the matter for hearingin any case whereif the 12.36 proposed judgment and decree does not appear to be in the best 13.1 interests of the minor children or is contrary to the interests 13.2 of justice. 13.3 Sec. 18. Minnesota Statutes 2000, section 518.131, is 13.4 amended to read: 13.5 518.131 [TEMPORARY ORDERS AND RESTRAINING ORDERS.] 13.6 Subdivision 1. [PERMISSIBLE ORDERS.] In a proceeding 13.7 brought for custody, dissolution, or legal separation, or for 13.8 disposition of property,or maintenance, or child support13.9 following the dissolution of a marriage, either party may, by 13.10 motion, request from the court and the court may grant a 13.11 temporary order pending the final disposition of the proceeding 13.12 to or for: 13.13(a)(1) temporary custody and parenting time regarding the 13.14 minor children of the parties; 13.15(b)(2) temporary maintenance of either spouse; 13.16(c) temporary child support for the children of the13.17parties;13.18(d)(3) temporary costs and reasonable attorney fees; 13.19(e)(4) award the temporary use and possession, exclusive 13.20 or otherwise, of the family home, furniture, household goods, 13.21 automobiles, and other property of the parties; 13.22(f)(5) restrain one or both parties from transferring, 13.23 encumbering, concealing, or disposing of property except in the 13.24 usual course of business or for the necessities of life, and to 13.25 account to the court for all such transfers, encumbrances, 13.26 dispositions, and expenditures made after the order is served or 13.27 communicated to the party restrained in open court; 13.28(g)(6) restrain one or both parties from harassing, 13.29 vilifying, mistreating, molesting, disturbing the peace, or 13.30 restraining the liberty of the other party or the children of 13.31 the parties; 13.32(h)(7) restrain one or both parties from removing any 13.33 minor child of the parties from the jurisdiction of the court; 13.34(i)(8) exclude a party from the family home of the parties 13.35 or from the home of the other party; and 13.36(j)(9) require one or both of the parties to perform or to 14.1 not performsuchadditional actsasthat will facilitate the 14.2 just and speedy disposition of the proceeding,orwillprotect 14.3 the parties or their children from physical or emotional harm. 14.4 Subd. 2. [IMPERMISSIBLE ORDERS.]NoA temporary order 14.5shallmust not: 14.6(a)(1) deny parenting time to anoncustodialparent unless 14.7 the court finds that parenting time by thenoncustodialparent 14.8 is likely to cause physical or emotional harm to the child; 14.9(b)(2) exclude a party from the family home of the parties 14.10 unless the court finds that physical or emotional harm to one of 14.11 the parties or to the children of the parties is likely to 14.12 result,or that the exclusion is reasonable in the 14.13 circumstances; or 14.14(c)(3) vacate or modify an order granted under section 14.15 518B.01, subdivision 6, paragraph (a), clause (1), restraining 14.16 an abusing party from committing acts of domestic abuse, except 14.17 that the court may hear a motion for modification of an order 14.18 for protection concurrently with a proceeding for dissolution of 14.19 marriage upon notice of motion and motion. The notice required 14.20 by court ruleshallmust not be waived. If the proceedings are 14.21 consolidated and the motion to modify is granted, a separate 14.22 order for modification of an order for protectionshallmust be 14.23 issued. 14.24 Subd. 3. [EX PARTE RESTRAINING ORDER; LIMITATIONS.] A 14.25 party may request and the court may make an ex parte restraining 14.26 orderwhich may includethat includes any matter that may be 14.27 included in a temporary order except it may not: 14.28(a) A restraining order may not(1) exclude either party 14.29 from the family home of the parties except upon a finding by the 14.30 court of immediate danger of physical harm to the other party or 14.31 the children of either party;andor 14.32(b) A restraining order may not(2) deny parenting time to 14.33 either party or grant custody of the minor children to either 14.34 party except upon a finding by the court of immediate danger of 14.35 physical harm to the minor children of the parties. 14.36 Subd. 4. [HEARING ON RESTRAINING ORDER; DURATION.] A 15.1 restrainingorders shallorder must be personally served upon 15.2 the party to be restrainedand shall be accompaniedalong with a 15.3 notice of the time and place of hearing for disposition of the 15.4 matters contained in the restraining order at a hearing for a 15.5 temporary order.WhenIf a restraining order has been issued, a 15.6 hearing on the temporary ordershallmust be held at the 15.7 earliest practicable date. The restrained party may upon 15.8 written notice to the other party advance the hearing date to a 15.9 time earlier than that noticed by the other party. The 15.10 restraining ordershall continuecontinues in full force and 15.11 effect only until the hearing time noticed, unless the court, 15.12 for good cause and upon notice, extends the time for hearing. 15.13 Subd. 5. [DURATION OF TEMPORARY ORDER.] A temporary order 15.14shall continuecontinues in full force and effect until the 15.15 earlier of its amendment or vacation, dismissal of the main 15.16 action, or entry of a final decree of dissolution or legal 15.17 separation. 15.18 Subd. 6. [EFFECT OF DISMISSAL OF MAIN ACTION.] If a 15.19 proceeding for dissolution or legal separation is dismissed, a 15.20 temporary custody order is vacated unless one of the parties or 15.21 the child's custodian moves that the proceeding continue as a 15.22 custody proceeding and the court finds, after a hearing, that 15.23 the circumstances of the parties and the best interests of the 15.24 child require that a custody order be issued. 15.25 Subd. 7. [GUIDING FACTORS.] The courtshallmust be guided 15.26 by the factors set forth in sections518.551 (concerning child15.27support),518.552 (concerning maintenance), 518.17 to 518.175 15.28 (concerning custody and parenting time), and 518.14 (concerning 15.29 costs and attorney fees) in making temporary orders and 15.30 restraining orders. 15.31 Subd. 8. [BASIS FOR ORDER.] Temporary ordersshallmust be 15.32 made solely on the basis of affidavits and argument of counsel 15.33 except upon demand by either party in a motion or responsive 15.34 motion made within the time limit for making and filing a 15.35 responsive motion that the matter be heard on oral testimony 15.36 before the court, or if the court in its discretion orders the 16.1 taking of oral testimony. 16.2 Subd. 9. [PREJUDICIAL EFFECT, REVOCATION; MODIFICATION.] A 16.3 temporary order or restraining order: 16.4(a) Shall(1) must not prejudice the rights of the parties 16.5 or the child which are to be adjudicated at subsequent hearings 16.6 in the proceeding; and 16.7(b)(2) may be revoked or modified by the court before the 16.8 final disposition of the proceeding upon the same grounds and 16.9 subject to the same requirements as the initial granting of the 16.10 order. 16.11 Subd. 10. [MISDEMEANOR.] In addition to being punishable 16.12 by contempt, a violation of a provision of a temporary order or 16.13 restraining order granting the relief authorized in subdivision 16.14 1,clauses (f), (g)clause (6), (7), or(h)(8) is a 16.15 misdemeanor. 16.16 Subd. 11. [TEMPORARYSUPPORT ANDMAINTENANCE.] Temporary 16.17support andmaintenance may be ordered during the time a 16.18 parenting plan is being developed under section 518.1705. 16.19 Sec. 19. Minnesota Statutes 2000, section 518.14, 16.20 subdivision 1, is amended to read: 16.21 Subdivision 1. [GENERAL.] (a) Except as provided in 16.22 subdivision 2, in a proceeding under this chapter or chapter 16.23 517B or 517C, the courtshallmust award attorney fees, costs, 16.24 and disbursements in an amount necessary to enable a party to 16.25 carry on or contest the proceeding,providedif it finds that: 16.26 (1)thatthe fees are necessary for the good-faith 16.27 assertion of the party's rights in the proceeding and will not 16.28 contribute unnecessarily to the length and expense of the 16.29 proceeding; 16.30 (2)thatthe party from whom fees, costs, and disbursements 16.31 are sought has the means to pay them; and 16.32 (3)thatthe party to whom fees, costs, and disbursements 16.33 are awarded does not have the means to pay them. 16.34 (b) Nothing in this section precludes the court from 16.35 awarding, in its discretion, additional fees, costs, and 16.36 disbursements against a party who unreasonably contributes to 17.1 the length or expense of the proceeding. Fees, costs, and 17.2 disbursements provided for in this section may be awarded at any 17.3 point in the proceeding, including a modification proceeding 17.4 under sections 518.18 and 518.64. The court may adjudge costs 17.5 and disbursements against either party. The court may authorize 17.6 the collection of money awarded by execution,orout of property 17.7 sequestered, or in any other manner within the power of the 17.8 court. An award of attorney's fees made by the court during the 17.9 pendency of the proceeding or in the final judgment survives the 17.10 proceeding and if not paid by the party directed to paythe same17.11 them may be enforcedas above providedin the manner provided in 17.12 this paragraph or by a separate civil action brought in the 17.13 attorney's own name. If the proceeding is dismissed or 17.14 abandoned prior to determination and award of attorney's fees, 17.15 the court may nevertheless award attorney's fees upon the 17.16 attorney's motion. The awardshall also survivesurvives the 17.17 proceeding and may be enforced in thesamemanneras last above17.18 provided in this paragraph. 17.19 Sec. 20. Minnesota Statutes 2000, section 518.148, is 17.20 amended to read: 17.21 518.148 [CERTIFICATION OF DISSOLUTION.] 17.22 Subdivision 1. [CERTIFICATE OF DISSOLUTION.] An attorney 17.23 or pro se party may prepare and submit to the court a separate 17.24 certificate of dissolution to be attached to the judgment and 17.25 decree at the time of granting the dissolution of marriage. 17.26 Upon approval by the court and filing of the certificate of 17.27 dissolution with the court administrator, the court 17.28 administratorshallmust provide to any party upon request 17.29 certified copies of the certificate of dissolution. 17.30 Subd. 2. [REQUIRED INFORMATION.] The certificateshall17.31 must include the following information: 17.32 (1) the full caption and file number of the case and the 17.33 title "Certificate of Dissolution"; 17.34 (2) the names and any prior or other names of the parties 17.35 to the dissolution; 17.36 (3) the names of any living minor or dependent children as 18.1 identified in the judgment and decree; 18.2 (4) that the marriage of the parties is dissolved; 18.3 (5) the date of the judgment and decree; and 18.4 (6) the social security number of the parties to the 18.5 dissolution and the social security number of any living minor 18.6 or dependent children identified in the judgment and decree. 18.7 Subd. 3. [CERTIFICATION.] The certificate of 18.8 dissolutionshall beis conclusive evidence of the facts recited 18.9 in the certificate. 18.10 Sec. 21. Minnesota Statutes 2000, section 518.24, is 18.11 amended to read: 18.12 518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 18.13In all cases whenIf maintenanceor supportpayments are 18.14 ordered, the court may require sufficient security to be given 18.15 for the payment of them according to the terms of the order. 18.16 Upon neglect or refusal to give security,oruponfailure to pay 18.17 the maintenanceor support, the court may sequester the 18.18 obligor's personal estate and the rents and profits of real 18.19 estate of the obligor,and appoint a receiver of them. The 18.20 court may cause the personal estate and the rents and profits of 18.21 the real estate to be applied according to the terms of the 18.22 order. The obligor is presumed to have an income from a source 18.23 sufficient to pay the maintenanceor supportorder. Achild18.24support ormaintenance order constitutes prima facie evidence 18.25 that the obligor has the ability to pay the award. If the 18.26 obligor disobeys the order, it is prima facie evidence of 18.27 contempt. The court may cite the obligor for contempt under 18.28 this section, section 518.617, or chapter 588. 18.29 Sec. 22. Minnesota Statutes 2000, section 518.25, is 18.30 amended to read: 18.31 518.25 [REMARRIAGE; REVOCATION.] 18.32When a dissolution has been granted, and the parties18.33afterward intermarryIf two people remarry each other after 18.34 dissolution of their prior marriage, the court, upon their joint 18.35 application,anduponsatisfactory proof ofsuchthe marriage, 18.36 may revoke all decrees and orders of dissolution, maintenance, 19.1 and subsistencewhich willthat do not affect the rights of 19.2 third persons. 19.3 Sec. 23. Minnesota Statutes 2000, section 518.54, 19.4 subdivision 1, is amended to read: 19.5 Subdivision 1. [TERMSSCOPE.]For the purposes of sections19.6518.54 to 518.66, the terms definedThe definitions in this 19.7 sectionshall have the meanings respectively ascribed to19.8themapply to sections 517A.30 to 517A.46. 19.9 Sec. 24. Minnesota Statutes 2000, section 518.54, 19.10 subdivision 5, is amended to read: 19.11 Subd. 5. [MARITAL PROPERTY; EXCEPTIONS.] "Marital 19.12 property" meansproperty,real or personal property, including 19.13 vested public or private pension plan benefits or rights, 19.14 acquired by one or both of the parties, or either of them,to a 19.15 dissolution, legal separation, or annulment proceeding at any 19.16 time during the existence of the marriage relation between them, 19.17 or at any time during which the parties were living together as 19.18 husband and wife under a purported marriage relationship which 19.19 is annulled in an annulment proceeding, but prior to the date of 19.20 valuation under section 518.58, subdivision 1. All property 19.21 acquired by either spouse subsequent to the marriage and before 19.22 the valuation date is presumed to be marital property regardless 19.23 of whether title is held individually or by the spouses in a 19.24 form of coownership such as joint tenancy, tenancy in common, 19.25 tenancy by the entirety, or community property. Each 19.26 spouseshall beis deemed to have a common ownership in marital 19.27 property that vests not later than the time of the entry of the 19.28 decree in a proceeding for dissolution or annulment. The extent 19.29 of the vested interestshallmust be determined and made final 19.30 by the court pursuant to section 518.58. If a title interest in 19.31 real property is held individually by only one spouse, the 19.32 interest in the real property of the nontitled spouse is not 19.33 subject to claims of creditors or judgment or tax liens until 19.34 the time of entry of the decree awarding an interest to the 19.35 nontitled spouse. The presumption of marital property is 19.36 overcome by a showing that the property is nonmarital property. 20.1 "Nonmarital property" means property real or personal, 20.2 acquired by either spouse before, during, or after the existence 20.3 of their marriage, which: 20.4(a)(1) is acquired as a gift, bequest, devise, or 20.5 inheritance made by a third party to one but not to the other 20.6 spouse; 20.7(b)(2) is acquired before the marriage; 20.8(c)(3) is acquired in exchange for or is the increase in 20.9 value of property which is described inclauses (a), (b), (d),20.10and (e)clause (1), (2), (4), or (5); 20.11(d)(4) is acquired by a spouse after the valuation date; 20.12 or 20.13(e)(5) is excluded by a valid antenuptial contract. 20.14 Sec. 25. Minnesota Statutes 2000, section 518.54, 20.15 subdivision 6, is amended to read: 20.16 Subd. 6. [INCOME.] "Income" means any form of periodic 20.17 payment to an individual including, but not limited to, wages, 20.18 salaries, payments to an independent contractor, workers' 20.19 compensation, unemployment benefits, and annuity, militaryand20.20 or naval retirement, pensionandor disability payments. 20.21 "Income" does not include benefits received under Title IV-A of 20.22 the Social Security Actandor chapter 256Jare not income under20.23this section. 20.24 Sec. 26. Minnesota Statutes 2000, section 518.54, 20.25 subdivision 7, is amended to read: 20.26 Subd. 7. [OBLIGEE.] "Obligee" means a person to whom 20.27 payments for maintenanceor supportare owed. 20.28 Sec. 27. Minnesota Statutes 2000, section 518.54, 20.29 subdivision 8, is amended to read: 20.30 Subd. 8. [OBLIGOR.] "Obligor" means a person obligated to 20.31 pay maintenanceor support.A person who is designated as the20.32sole physical custodian of a child is presumed not to be an20.33obligor for purposes of calculating current support under20.34section 518.551 unless the court makes specific written findings20.35to overcome this presumption.20.36 Sec. 28. Minnesota Statutes 2000, section 518.55, is 21.1 amended to read: 21.2 518.55 [MAINTENANCE OR SUPPORT MONEY.] 21.3 Subdivision 1. [CONTENTS OF ORDER.] Every award of 21.4 maintenance or support money in a judgment of dissolution or 21.5 legal separationshallmust clearly designate whetherthe21.6sameit is maintenance or support money, or what part of the 21.7 award is maintenance and what part is support money. An award 21.8 of payments from future income or earnings of thecustodial21.9 parent with whom the child resides is presumed to be maintenance 21.10 and an award of payments from the future income or earnings of 21.11 thenoncustodialother parent is presumed to be support money, 21.12 unless otherwise designated by the court. In a judgment of 21.13 dissolution or legal separation the court may determine, as one 21.14 of the issues of the case, whether or not either spouse is 21.15 entitled to an award of maintenance notwithstanding that no 21.16 award is then made, or it may reserve jurisdiction of the issue 21.17 of maintenance for determination at a later date. 21.18 Subd. 3. [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] Every 21.19 obligorshallmust notify the obligee and the public authority 21.20 responsible for collection, if applicable, of a change of 21.21 address or residence within 60 days of the address or residence 21.22 change. Every order forsupport ormaintenance must contain a 21.23 conspicuous notice complying with section 518.68, subdivision 21.24 2. The court may waive or modify the requirements of this 21.25 subdivision by order if necessary to protect the obligor from 21.26 contact by the obligee. 21.27 Subd. 4. [DETERMINATION OF CONTROLLING ORDER.] The public 21.28 authority or a party may request the district court to determine 21.29 a controlling order in situations in which more than one order 21.30 involving the same obligor and child exists. 21.31 Sec. 29. Minnesota Statutes 2000, section 518.552, is 21.32 amended to read: 21.33 518.552 [MAINTENANCE.] 21.34 Subdivision 1. [JURISDICTION; GROUNDS.] In a proceeding 21.35 for dissolution of marriage or legal separation, or in a 21.36 proceeding for maintenance following dissolution of the marriage 22.1 by a court which lacked personal jurisdiction over the absent 22.2 spouse and which has since acquired jurisdiction, the court may 22.3 grant a maintenance order for either spouse if it finds that the 22.4 spouse seeking maintenance: 22.5(a)(1) lacks sufficient property, including marital 22.6 property apportioned to the spouse, to provide for reasonable 22.7 needs of the spouse considering the standard of living 22.8 established during the marriage, especially, but not limited to, 22.9 a period of training or education,; or 22.10(b)(2) is unable to provide adequate self-support, after 22.11 considering the standard of living established during the 22.12 marriage and all relevant circumstances, through appropriate 22.13 employment,oris the custodian ofif a childwhoseresides 22.14 with the spouse and the child's condition or circumstances make 22.15 it appropriate that thecustodianspouse not be required to seek 22.16 employment outside the home. 22.17 Subd. 2. [AMOUNT; DURATION.] The maintenance ordershall22.18 must be in amounts and for periodsof time, either temporary or 22.19 permanent,asthat the court deems just, without regard to 22.20 marital misconduct,and after considering all relevant factors 22.21 including: 22.22(a)(1) the financial resources of the party seeking 22.23 maintenance, including marital property apportioned to the 22.24 party, and the party's ability to meet needs independently, 22.25 including the extent to which a provision for support of a child 22.26 living with the party includes a sum for that party ascustodian22.27 caretaker; 22.28(b)(2) the time necessary to acquire sufficient education 22.29 or training to enable the party seeking maintenance to find 22.30 appropriate employment, and the probability, given the party's 22.31 age and skills, of completing education or training and becoming 22.32 fully or partially self-supporting; 22.33(c)(3) the standard of living established during the 22.34 marriage; 22.35(d)(4) the duration of the marriage and, in the case of a 22.36 homemaker, the length of absence from employment and the extent 23.1 to which any education, skills, or experience have become 23.2 outmoded and earning capacity has become permanently diminished; 23.3(e)(5) the loss of earnings, seniority, retirement 23.4 benefits, and other employment opportunities forgone by the 23.5 spouse seekingspousalmaintenance; 23.6(f)(6) the age,and the physical and emotional condition 23.7 of the spouse seeking maintenance; 23.8(g)(7) the ability of the spouse from whom maintenance is 23.9 sought to meet needs while meeting those of the spouse seeking 23.10 maintenance; and 23.11(h)(8) the contribution of each party in the acquisition, 23.12 preservation, depreciation, or appreciation in the amount or 23.13 value of the marital property, as well as the contribution of a 23.14 spouse as a homemaker or in furtherance of the other party's 23.15 employment or business. 23.16 Subd. 3. [PERMANENCY OF AWARD.]Nothing inThis section 23.17shallmust not be construed to favor a temporary award of 23.18 maintenance over a permanent award, whereif the factors under 23.19 subdivision 2 justify a permanent award. 23.20WhereIf there is some uncertainty as to the necessity of a 23.21 permanent award, the courtshallmust order a permanent award 23.22 leaving its order open for later modification. 23.23 Subd. 4. [REOPENING MAINTENANCE AWARDS.] Section 518.145, 23.24 subdivision 2, applies to maintenance awardsof spousal23.25maintenance. 23.26 Subd. 5. [PRIVATE AGREEMENTS.] The parties may expressly 23.27 preclude or limit modification of maintenance through a 23.28 stipulation,if the court makes specific findings that the 23.29 stipulation is fairand, equitable,isand supported by 23.30 consideration described in the findings,and that full 23.31 disclosure of each party's financial circumstances has 23.32 occurred. The stipulation must be made a part of the judgment 23.33 and decree. 23.34 Sec. 30. Minnesota Statutes 2000, section 518.58, is 23.35 amended to read: 23.36 518.58 [DIVISION OF MARITAL PROPERTY.] 24.1 Subdivision 1. [GENERAL.] Upon a dissolution of a 24.2 marriage, an annulment, or in a proceeding for disposition of 24.3 property following a dissolution of marriage by a court which 24.4 lacked personal jurisdiction over the absent spouse or lacked 24.5 jurisdiction to dispose of the property and which has since 24.6 acquired jurisdiction, the courtshallmust make a just and 24.7 equitable division of the marital property of the parties 24.8 without regard to marital misconduct, after making findings 24.9 regarding the division of the property. The courtshallmust 24.10 base its findings on all relevant factors including the length 24.11 of the marriage, any prior marriage of a party, the age, health, 24.12 station, occupation, amount and sources of income, vocational 24.13 skills, employability, estate, liabilities, needs, opportunity 24.14 for future acquisition of capital assets, and income of each 24.15 party. The courtshallmust also consider the contribution of 24.16 each in the acquisition, preservation, depreciation, or 24.17 appreciation in the amount or value of the marital property, as 24.18 well as the contribution of a spouse as a homemaker. Itshall24.19beis conclusively presumed that each spouse made a substantial 24.20 contribution to the acquisition of income and property while 24.21 they were living together as husband and wife. The court may 24.22 also award to either spouse the household goods and furniture of 24.23 the parties, whether or not acquired during the marriage. The 24.24 courtshallmust value marital assets for purposes of division 24.25 between the parties as of the day of the initially scheduled 24.26 prehearing settlement conference, unless a different date is 24.27 agreed upon by the parties,orunlessthe court makes specific 24.28 findings that another date of valuation is fair and equitable. 24.29 If there is a substantial change in value of an asset between 24.30 the date of valuation and the final distribution, the court may 24.31 adjust the valuation of that asset as necessary to effect an 24.32 equitable distribution. 24.33 Subd. 1a. [TRANSFER, ENCUMBRANCE, CONCEALMENT, OR 24.34 DISPOSITION OF MARITAL ASSETS.] In contemplation of commencing 24.35 or during the pendency of a marriage dissolution, separation, or 24.36 annulment proceeding,or in contemplation of commencing a25.1marriage dissolution, separation, or annulment proceeding,each 25.2 party owes a fiduciary duty to the other for any profit or loss 25.3 derived by the party, without the consent of the other, from a 25.4 transaction or from any use by the party of the marital assets. 25.5 If the court finds that a party to a marriage, without consent 25.6 of the other party, has in contemplation of commencing,or 25.7 during the pendency of,the current dissolution, separation, or 25.8 annulment proceeding, transferred, encumbered, concealed, or 25.9 disposed of marital assets except in the usual course of 25.10 business or for the necessities of life, the courtshallmust 25.11 compensate the other party by placing both parties in the same 25.12 position that they would have been in had the transfer, 25.13 encumbrance, concealment, or disposal not occurred. The burden 25.14 of proof under this subdivision is on the party claiming that 25.15 the other party transferred, encumbered, concealed, or disposed 25.16 of marital assets in contemplation of commencing or during the 25.17 pendency of the current dissolution, separation, or annulment 25.18 proceeding,without consent of the claiming party, and that the 25.19 transfer, encumbrance, concealment, or disposal was not in the 25.20 usual course of business or for the necessities of life. In 25.21 compensating a party under this section, the court, in dividing 25.22 the marital property, may impute the entire value of an asset 25.23 and a fair return on the asset to the party who transferred, 25.24 encumbered, concealed, or disposed of it. Use of a power of 25.25 attorney,or the absence of a restraining order against the 25.26 transfer, encumbrance, concealment, or disposal of marital 25.27 property is not available as a defense under this subdivision. 25.28 Subd. 2. [AWARD OF NONMARITAL PROPERTY.] If the court 25.29 finds that either spouse's resources or property, including the 25.30 spouse's portion of the marital property as defined in section 25.31 518.54, subdivision 5, are so inadequate as to work an unfair 25.32 hardship, considering all relevant circumstances, the court may, 25.33 in addition to the marital property, apportion up to one-half of 25.34 the property otherwise excluded under section 518.54, 25.35 subdivision 5, clauses (a) to (d), to prevent the unfair 25.36 hardship. If the court apportions property other than marital 26.1 property, itshallmust make findings in support of the 26.2 apportionment. The findingsshallmust be based on all relevant 26.3 factors including the length of the marriage, any prior marriage 26.4 of a party, the age, health, station, occupation, amount and 26.5 sources of income, vocational skills, employability, estate, 26.6 liabilities, needs, and opportunity for future acquisition of 26.7 capital assets and income of each party. 26.8 Subd. 3. [SALE OR DISTRIBUTION WHILE PROCEEDING PENDING.] 26.9 (a) If the court finds that it is necessary to preserve the 26.10 marital assets of the parties, the court may order the sale of 26.11 the homestead of the parties or the sale of other marital 26.12 assets, as the individual circumstances may require, during the 26.13 pendency of a proceeding for a dissolution of marriage or an 26.14 annulment. If the court orders a sale, it may further provide 26.15 for the disposition of the funds received from the sale during 26.16 the pendency of the proceeding. If liquid or readily liquidated 26.17 marital property other than property representing vested pension 26.18 benefits or rights is available, the court, so far as possible, 26.19shallmust divide the property representing vested pension 26.20 benefits or rights by the disposition of an equivalent amount of 26.21 the liquid or readily liquidated property. 26.22 (b) The court may order a partial distribution of marital 26.23 assets during the pendency of a proceeding for a dissolution of 26.24 marriage or an annulment for good cause shown or upon the 26.25 request of both parties, provided thatas long as the court 26.26shallfullyprotectprotects the interests of the other party. 26.27 Subd. 4. [PENSION PLANS.] (a) The division of marital 26.28 property that represents pension plan benefits or rights in the 26.29 form of future pension plan payments: 26.30 (1) is payable only to the extent of the amount of the 26.31 pension plan benefit payable under the terms of the plan; 26.32 (2) is not payable for a period that exceeds the time that 26.33 pension plan benefits are payable to the pension plan benefit 26.34 recipient; 26.35 (3) is not payable in a lump sum amount from pension plan 26.36 assets attributable in any fashion to a spouse with the status 27.1 of an active member, deferred retiree, or benefit recipient of a 27.2 pension plan; 27.3 (4) if the former spouse to whom the payments are to be 27.4 made dies prior to the end of the specified payment period with 27.5 the right to any remaining payments accruing to an estate or to 27.6 more than one survivor, is payable only to a trustee on behalf 27.7 of the estate or the group of survivors for subsequent 27.8 apportionment by the trustee; and 27.9 (5) in the case of public pension plan benefits or rights, 27.10 may not commence until the public plan member submits a valid 27.11 application for a public pension plan benefit and the benefit 27.12 becomes payable. 27.13 (b)TheAn individual retirement accountplansplan 27.14 established under chapter 354B may provide in its plan document, 27.15 if published and made generally available, for an alternative 27.16 marital property division or distribution of individual 27.17 retirement account plan assets. If an alternative division or 27.18 distribution procedure is provided, it applies in place of 27.19 paragraph (a), clause (5). 27.20 Sec. 31. Minnesota Statutes 2000, section 518.581, is 27.21 amended to read: 27.22 518.581 [SURVIVING SPOUSE BENEFIT.] 27.23 Subdivision 1. [AWARD OF BENEFIT.] If a current or former 27.24 employee's marriage is dissolved, the court may order the 27.25 employee, the employee's pension plan, or both, to pay amounts 27.26 as part of the division of pension rights that the court may 27.27 make under section 518.58, or as an award of maintenance in the 27.28 form of a percentage of periodic or other payments or in the 27.29 form of a fixed dollar amount. The court may, as part of the 27.30 order, award a former spouse all or part of a survivor benefit 27.31 unless the plan does not allow by law the payment of a surviving 27.32 spouse benefit to a former spouse. 27.33 Subd. 2. [PAYMENT OF FUNDS BY RETIREMENT PLAN.] (a) If the 27.34 court has ordered that a spouse has an interest in a pension 27.35 plan, the court may order the pension plan to withhold payment 27.36 of a refund upon termination of employment or lump sum 28.1 distribution to the extent of the spouse's interest in the plan,28.2 or to provide survivor benefits ordered by the court. 28.3 (b) The court may not order the pension plan to: 28.4 (1) pay more than the equivalent of one surviving spouse 28.5 benefit, regardless of the number of spouses or former spouses 28.6 who may be sharing in a portion of the total benefit; 28.7 (2) pay surviving spouse benefits under circumstances where 28.8 the plan member does not have a right to elect surviving spouse 28.9 benefits; 28.10 (3) pay surviving spouse benefits to a former spouse if the 28.11 former spouse would not be eligible for benefits under the terms 28.12 of the plan; or 28.13 (4) order survivor benefits which, when combined with the 28.14 annuity or benefit payable to the pension plan member, exceed 28.15 the actuarial equivalent value of the normal retirement annuity 28.16 form, determined under the plan documents of the pension plan 28.17 then in effect and the actuarial assumptions then in effect for 28.18 calculating optional annuity forms by the pension plan or for 28.19 calculating the funding requirements of the pension plan if no 28.20 optional annuity forms are provided by the pension plan. 28.21 (c) If more than one spouse or former spouse is entitled to 28.22 a surviving spouse benefit, the pension planshallmust pay each 28.23 spouse a portion of the benefit based on the ratio of the number 28.24 of years the spouse was married to the plan member to the total 28.25 number of years the plan member was married to spouses who are 28.26 entitled to the benefit. 28.27 Subd. 3. [NOTICE TO FORMER SPOUSE.] A pension plan 28.28shallmust notify a former spouse of an application by the 28.29 employee for a refund of pension benefits if the former spouse 28.30 has filed with the pension plan: 28.31 (1) a copy of the court order, including a withholding 28.32 order, determining the former spouse's rights; 28.33 (2) the name and last known address of the employee; and 28.34 (3) the name and address of the former spouse. 28.35 A pension planshallmust comply with an order, including a 28.36 withholding order, issued by a court having jurisdiction over 29.1 dissolution of marriage that is served on the pension plan, if 29.2 the order states the name, last known address of the payees, and 29.3 name and address of the former spouse,or if the names and 29.4 addresses are provided to the pension plan with service of the 29.5 order. 29.6 Subd. 4. [DEFINITIONS.]For purposes ofThe definitions in 29.7 this subdivision apply to this section, the following terms have29.8the meanings given in this subdivision. 29.9 (a) "Current or former employee" or "employee" means an 29.10 individual who has an interest in a pension plan. 29.11 (b) "Surviving spouse benefit" means (1) a benefit a 29.12 surviving spouse may be eligible for under the laws and bylaws 29.13 of the pension plan if the employee dies before retirement, or 29.14 (2) a benefit selected for or available to a surviving spouse 29.15 under the laws and bylaws of the pension plan upon the death of 29.16 the employee after retirement. 29.17 Sec. 32. Minnesota Statutes 2000, section 518.582, is 29.18 amended to read: 29.19 518.582 [PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.] 29.20 Subdivision 1. [APPOINTMENT OF ACTUARY.]EachA court of 29.21 this statethat haswith jurisdiction to decide marriage 29.22 dissolution matters may appoint a qualified person experienced 29.23 in the valuation of pension benefits and rights to function as 29.24 an expert witness in valuing pension benefits or rights. 29.25 Subd. 2. [STANDARDS.] A court appointed actuaryshallmust 29.26 determine the present value of pension benefits or rights that 29.27 are marital property of the parties to the action based on the 29.28 applicable plan documents of the pension plan and the applicable 29.29 actuarial assumptions specified for use in calculating optional 29.30 annuity forms by the pension plan or for funding the pension 29.31 plan, if reasonable, or as specified by the court. The court 29.32 appointed actuaryshallmust report to the court and to the 29.33 parties the present value of the pension benefits or rights that 29.34 are marital property. 29.35 Subd. 3. [COMPENSATION.] The court appointed actuary may 29.36 be compensated at a rate established by the court. The 30.1 compensation of the court appointed actuaryshallmust be 30.2 allocated between the parties as the court directs. 30.3 Subd. 4. [STIPULATION.] In lieu of valuing pension 30.4 benefits or rights through use of the court appointed actuary, 30.5 the parties may stipulate the present value of pension benefits 30.6 or rights that are marital property. 30.7 Sec. 33. Minnesota Statutes 2000, section 518.62, is 30.8 amended to read: 30.9 518.62 [TEMPORARY MAINTENANCE.] 30.10 Temporary maintenanceand temporary supportmay be awarded 30.11 as provided in section 518.131. The court may also award to 30.12 either party to the proceeding, having due regard to all the 30.13 circumstances and the party awarded the custody of the children, 30.14 the right to the exclusive use of the household goods and 30.15 furniture of the parties pending the proceeding and the right to 30.16 the use of the homestead of the parties, exclusive or otherwise, 30.17 pending the proceeding. The court may order either party to 30.18 remove from the homestead of the parties upon proper application 30.19 to the court for an order pending the proceeding. 30.20 Sec. 34. Minnesota Statutes 2000, section 518.64, 30.21 subdivision 1, is amended to read: 30.22 Subdivision 1. [AUTHORITY.] After an order for temporary 30.23 or permanent maintenanceor support money, temporary or30.24permanent,or for the appointment of trustees to receive 30.25 property awarded as maintenanceor support money, the court may 30.26 from time to time, on motion of either of the parties, a copy of 30.27 which is served on the public authority responsible forchild30.28 support enforcement if payments are made through it, or on 30.29 motion of the public authority responsible for support 30.30 enforcement, modify the order respecting the amount of 30.31 maintenanceor support money,and theits paymentof it,and30.32also respecting theor appropriation and payment of the 30.33 principal and income of property held in trust, and may make an 30.34 order respecting these matters which it might have made in the 30.35 original proceeding,except as herein otherwise providedsubject 30.36 to subdivisions 2 to 5. A party or the public authority also 31.1 may bring a motion for contempt of court if the obligor is in 31.2 arrears insupport ormaintenance payments. 31.3 Sec. 35. Minnesota Statutes 2000, section 518.64, 31.4 subdivision 2, is amended to read: 31.5 Subd. 2. [MODIFICATION.] (a) The terms of an order 31.6 respecting maintenanceor supportmay be modified upon a showing 31.7 of one or more of the following: (1) substantially increased or 31.8 decreased earnings of a party; (2) substantially increased or 31.9 decreased need of a partyor the child or children that are the31.10subject of these proceedings; (3) receipt of assistance under 31.11 the AFDC program formerly codified under sections 256.72 to 31.12 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 31.13 change in the cost of living for either party as measured by the 31.14 federal bureau of statistics, any of which makes the terms 31.15 unreasonable and unfair; (5) extraordinary medical expenses of 31.16 the child not provided for under section 518.171; or (6) the 31.17 addition of work-related or education-related child care 31.18 expenses of the obligee or a substantial increase or decrease in 31.19 existing work-related or education-related child care expenses. 31.20On a motion to modify support, the needs of any child the31.21obligor has after the entry of the support order that is the31.22subject of a modification motion shall be considered as provided31.23by section 518.551, subdivision 5f.31.24(b) It is presumed that there has been a substantial change31.25in circumstances under paragraph (a) and the terms of a current31.26support order shall be rebuttably presumed to be unreasonable31.27and unfair if:31.28(1) the application of the child support guidelines in31.29section 518.551, subdivision 5, to the current circumstances of31.30the parties results in a calculated court order that is at least31.3120 percent and at least $50 per month higher or lower than the31.32current support order;31.33(2) the medical support provisions of the order established31.34under section 518.171 are not enforceable by the public31.35authority or the custodial parent;31.36(3) health coverage ordered under section 518.171 is not32.1available to the child for whom the order is established by the32.2parent ordered to provide; or32.3(4) the existing support obligation is in the form of a32.4statement of percentage and not a specific dollar amount.32.5(c)(b) On a motion for modification of maintenance, 32.6 including a motion for the extension of the duration of a 32.7 maintenance award, the courtshallmust apply, in addition to 32.8 all other relevant factors, the factors for an award of 32.9 maintenance under section 518.552 that exist at the time of the 32.10 motion.On a motion for modification of support, the court:32.11(1) shall apply section 518.551, subdivision 5, and shall32.12not consider the financial circumstances of each party's spouse,32.13if any; and32.14(2) shall not consider compensation received by a party for32.15employment in excess of a 40-hour work week, provided that the32.16party demonstrates, and the court finds, that:32.17(i) the excess employment began after entry of the existing32.18support order;32.19(ii) the excess employment is voluntary and not a condition32.20of employment;32.21(iii) the excess employment is in the nature of additional,32.22part-time employment, or overtime employment compensable by the32.23hour or fractions of an hour;32.24(iv) the party's compensation structure has not been32.25changed for the purpose of affecting a support or maintenance32.26obligation;32.27(v) in the case of an obligor, current child support32.28payments are at least equal to the guidelines amount based on32.29income not excluded under this clause; and32.30(vi) in the case of an obligor who is in arrears in child32.31support payments to the obligee, any net income from excess32.32employment must be used to pay the arrearages until the32.33arrearages are paid in full.32.34(d)(c) A modification ofsupport ormaintenance, including 32.35 interest that accrued pursuant to section 548.091, may be made 32.36 retroactive only with respect to any period during which the 33.1 petitioning party has pending a motion for modification but only 33.2 from the date of service of notice of the motion on the 33.3 responding party and on the public authority if public 33.4 assistance is being furnished or the county attorney is the 33.5 attorney of record. However, modification may be applied to an 33.6 earlier period if the court makes express findings that: 33.7 (1) the party seeking modification was precluded from 33.8 serving a motion by reason of a significant physical or mental 33.9 disability, a material misrepresentation of another party, or 33.10 fraud upon the court and that the party seeking modification, 33.11 when no longer precluded, promptly served a motion; 33.12 (2) the party seeking modification was a recipient of 33.13 federal Supplemental Security Income (SSI), Title II Older 33.14 Americans, Survivor's Disability Insurance (OASDI), other 33.15 disability benefits, or public assistance based upon need during 33.16 the period for which retroactive modification is sought; or 33.17 (3) the order for which the party seeks amendment was 33.18 entered by default, the party shows good cause for not 33.19 appearing, and the record contains no factual evidence, or 33.20 clearly erroneous evidence regarding the individual obligor's 33.21 ability to pay. 33.22 The court may provide that a reduction in the amount 33.23 allocated for child care expenses based on a substantial 33.24 decrease in the expenses is effective as of the date the 33.25 expenses decreased. 33.26(e)(d) Except for an award of the right of occupancy of 33.27 the homestead, provided inunder section 518.63, all divisions 33.28 of real and personal property provided by section 518.58shall33.29beare final, and may be revoked or modified onlywhereif the 33.30 court finds the existence of conditions that justify reopening a 33.31 judgment under the laws of this state, including motions under 33.32 section 518.145, subdivision 2. The court may impose a lien or 33.33 charge on the divided property at any time while the property, 33.34 or subsequently acquired property, is owned by the parties or 33.35 either of them, for the payment of maintenance or supportmoney,33.36 or may sequester the propertyas is provided byunder section 34.1 518.24. 34.2(f)(e) The court need not hold an evidentiary hearing on a 34.3 motion for modification of maintenance or support. 34.4(g)(f) Section 518.14shall governgoverns the award of 34.5 attorney fees for motions brought under this subdivision. 34.6 Sec. 36. Minnesota Statutes 2000, section 518.641, is 34.7 amended to read: 34.8 518.641 [COST-OF-LIVING ADJUSTMENTS IN MAINTENANCEOR CHILD34.9SUPPORTORDER.] 34.10 Subdivision 1. [REQUIREMENT.] An order for maintenanceor34.11child support shallmust provide for a biennial adjustment in 34.12 the amount to be paid based on a change in the cost of living. 34.13 An order that provides for a cost-of-living adjustmentshall34.14 must specify the cost-of-living index to be applied and the date 34.15 on which the cost-of-living adjustmentshall becomebecomes 34.16 effective. The court may use the consumer price index for all 34.17 urban consumers, Minneapolis-St. Paul (CPI-U), the consumer 34.18 price index for wage earners and clerical, Minneapolis-St. Paul 34.19 (CPI-W), or another cost-of-living index published by the 34.20 department of labor which it specifically finds is more 34.21 appropriate. Cost-of-living increases under this sectionshall34.22 must be compounded. The court may also increase the amount by 34.23 more than the cost-of-living adjustment by agreement of the 34.24 parties or by making further findings. The adjustment becomes 34.25 effective on the first of May of the year in which it is made, 34.26 for cases in which payment is made to the public authority. For 34.27 cases in which payment is not made to the public authority, 34.28 application for an adjustment may be made in any month but no 34.29 application for an adjustment may be made sooner than two years 34.30 after the date of the dissolution decree. A court may waive the 34.31 requirement of the cost-of-living clause if it expressly finds 34.32 that the obligor's occupation or income, or both, does not 34.33 provide for cost-of-living adjustment or that the order for 34.34 maintenanceor child supporthas a provision such as a step 34.35 increase that has the effect of a cost-of-living clause. The 34.36 court may waive a cost-of-living adjustment in a maintenance 35.1 order if the parties so agree in writing.The commissioner of35.2human services may promulgate rules for child support35.3adjustments under this section in accordance with the rulemaking35.4provisions of chapter 14.Notice of this statute must comply 35.5 with section 518.68, subdivision 2. 35.6 Subd. 2. [CONDITIONS.] No adjustment under this section 35.7 may be made unless the order provides for it anduntil35.8 (a) the following conditions are met: 35.9(a)(1) the obligee serves notice of the application for 35.10 adjustment by mail on the obligor at the obligor's last known 35.11 address at least 20 days before the effective date of the 35.12 adjustment; 35.13(b)(2) the notice to the obligor informs the obligor of 35.14 the date on which the adjustment in payments will become 35.15 effective; and 35.16(c)(3) after receipt of notice and before the effective 35.17 day of the adjustment, the obligor fails to request a hearing on 35.18 the issue of whether the adjustment should take effect, and ex 35.19 parte, to stay imposition of the adjustment pending outcome of 35.20 the hearing; or 35.21(d)(b) the public authority sends notice of its 35.22 application for adjustment to the obligor at the obligor's last 35.23 known address at least 20 days before the effective date of the 35.24 adjustment, and the notice informs the obligor of the date on 35.25 which the adjustment will become effective and the procedures 35.26 for contesting the adjustment according to section 484.702. 35.27 Subd. 3. [RESULT OF HEARING.] If, at a hearing pursuant to 35.28 this section, the obligor establishes an insufficient cost of 35.29 living or other increase in income that prevents fulfillment of 35.30 the adjusted maintenanceor child supportobligation, the court 35.31 may direct that all or part of the adjustment not take effect. 35.32 If, at the hearing, the obligor does not establish this 35.33 insufficient increase in income, the adjustmentshallmust take 35.34 effect as of the date it would have become effective had no 35.35 hearing been requested. 35.36 Subd. 4.[FORM.] The department of human services shall36.1prepare and make available to the court and obligors a form to36.2be submitted to the department by the obligor in support of a36.3request for hearing under this section regarding a child support36.4order.36.5Subd. 5.[REQUEST FOR COST-OF-LIVING CLAUSE.] A motion for 36.6 enforcement or modification of an existing maintenanceor child36.7supportordershallmust include a request for a cost-of-living 36.8 clause. The court may deny the request only upon an express 36.9 finding that the obligor's occupation, income, or both, does not 36.10 provide for a cost-of-living adjustment or that the existing 36.11 maintenanceor child supportorder either has a cost-of-living 36.12 clause or sets forth a step increase which has the effect of a 36.13 cost-of-living adjustment. 36.14 Sec. 37. Minnesota Statutes 2000, section 518.642, is 36.15 amended to read: 36.16 518.642 [OVERPAYMENTS.] 36.17 Ifchild support ormaintenance is not assigned under 36.18 section 256.741,and an obligor has overpaid achild support or36.19 maintenance obligation because of a modification or error in the 36.20 amount owed, the public authorityshallmust: 36.21 (1) apply the amount of the overpayment to reduce the 36.22 amount of anychild support ormaintenance-related arrearages or 36.23 debts owed to the obligee; and 36.24 (2) if an overpayment exists after the reduction of any 36.25 arrearage or debt, reduce the amount of thechild36.26supportmaintenance remitted to the obligee by an amount no 36.27 greater than 20 percent of the current monthlysupport or36.28 maintenance obligation and remit this amount to the obligor 36.29 until the overpayment is reduced to zero. 36.30 Sec. 38. [518.643] [MAINTENANCE PAYMENT ENFORCEMENT.] 36.31 The enforcement requirements and procedures in sections 36.32 518.551, subdivisions 1, 12, 13, 13a, and 14, 518.5511, 36.33 518.6111, 518.614, 518.615, 518.616, and 518.617, apply to 36.34 maintenance payments as well as child support obligations. 36.35 Sec. 39. Minnesota Statutes 2000, section 518.646, is 36.36 amended to read: 37.1 518.646 [NOTICE OF ORDER.] 37.2Whenever these laws requireIf a law requires service of a 37.3 court's order on an employer, union, or payor of funds, service 37.4 of a verified notice of order may be made in lieuthereofof the 37.5 order. The verified noticeshallmust contain the title of the 37.6 action, the name of the court, the court file number, the date 37.7 of the court order, andshall recitethe operative provisions of 37.8 the order. 37.9 Sec. 40. Minnesota Statutes 2000, section 518.65, is 37.10 amended to read: 37.11 518.65 [PROPERTY; SALE, PARTITION.] 37.12 In order to effect a division or award of propertyas is37.13provided byunder section 518.58, the court may order property 37.14 sold or partitioned. Personal property may be ordered sold in 37.15 the manner directed by the court,and real estate may be 37.16 partitioned in the manner provided by Minnesota Statutes 1949, 37.17 chapter 558. 37.18 Sec. 41. [INSTRUCTION TO REVISOR.] 37.19 The revisor of statutes must renumber the sections in 37.20 Minnesota Statutes 2000 listed in column A as indicated in 37.21 column B and correct cross-references to those sections 37.22 throughout Minnesota Statutes and Minnesota Rules. 37.23 A B 37.24 518.002 517A.02, subd. 5 37.25 518.003 517A.01 37.26 518.005 517A.02 37.27 518.01 517A.05 37.28 518.02 517A.08 37.29 518.03 517A.09 37.30 518.04 517A.10 37.31 518.05 517A.11 37.32 518.055 517A.12 37.33 518.06 517A.15 37.34 518.07 517A.16 37.35 518.09 517A.17 37.36 518.091 517A.18 38.1 518.10 517A.19 38.2 518.11 517A.20 38.3 518.12 517A.21 38.4 518.13 517A.22 38.5 518.131 517A.03 38.6 518.14 517A.04 38.7 518.145 517A.23 38.8 518.146 517A.24 38.9 518.148 517A.26 38.10 518.191 517A.27 38.11 518.195 517A.28 38.12 518.24 517A.29 38.13 518.25 517A.30 38.14 518.27 517A.31 38.15 518.54, subd. 1 517A.32, subd. 1 38.16 518.54, subd. 2a 517A.32, subd. 2 38.17 518.54, subd. 2b 517A.32, subd. 3 38.18 518.54, subd. 3 517A.32, subd. 4 38.19 518.54, subd. 4 517A.32, subd. 5 38.20 518.54, subd. 5 517A.32, subd. 6 38.21 518.54, subd. 6 517A.32, subd. 7 38.22 518.54, subd. 7 517A.32, subd. 8 38.23 518.54, subd. 8 517A.32, subd. 9 38.24 518.54, subd. 9 517A.32, subd. 10 38.25 518.54, subd. 10 517A.32, subd. 11 38.26 518.54, subd. 11 517A.32, subd. 12 38.27 518.54, subd. 12 517A.32, subd. 13 38.28 518.55 517A.34 38.29 518.552 517A.33 38.30 518.58 517A.35 38.31 518.581 517A.36 38.32 518.582 517A.37 38.33 518.583 517A.38 38.34 518.62 517A.40 38.35 518.63 517A.41 38.36 518.64 517A.42 39.1 518.641, subd. 1 517A.43, subd. 1 39.2 518.641, subd. 2 517A.43, subd. 2 39.3 518.641, subd. 3 517A.43, subd. 3 39.4 518.641, subd. 4 517A.43, subd. 4 39.5 518.642 517A.44 39.6 518.646 517A.06 39.7 518.65 517A.46 39.8 518.68 517A.07 39.9 Sec. 42. [REPEALER.] 39.10 Minnesota Statutes 2000, section 518.64, subdivisions 4, 39.11 4a, and 5, are repealed. 39.12 ARTICLE 2 39.13 CUSTODY, PARENTING TIME, AND VISITATION 39.14 GENERAL 39.15 Section 1. [517B.01] [DEFINITIONS.] 39.16 Subdivision 1. [SCOPE.] The definitions in this section 39.17 apply to this chapter. 39.18 Sec. 2. [517B.03] [TEMPORARY ORDERS RELATING TO CUSTODY 39.19 AND PARENTING TIME.] 39.20 (a) A temporary order for custody or parenting time may be 39.21 sought under section 518.131. 39.22 (b) A party seeking a temporary custody order must submit 39.23 with moving papers an affidavit setting forth facts supporting 39.24 the requested order. The party must give notice and a copy of 39.25 the affidavit to other parties to the proceeding, who may file 39.26 opposing affidavits. 39.27 Sec. 3. [517B.04] [CUSTODY AND PARENTING TIME NOTICES.] 39.28 A court order or judgment and decree concerning custody of 39.29 or parenting time with a minor child must contain the notice set 39.30 out in section 517C.99, subdivision 3. 39.31 Sec. 4. [517B.05] [ATTORNEY FEES, COSTS, AND 39.32 DISBURSEMENTS.] 39.33 Attorney fees, costs, and disbursements must be awarded in 39.34 a proceeding under this chapter as provided by section 518.14. 39.35 Sec. 5. [517B.17] [CUSTODY OF CHILDREN.] 39.36 Subdivision 1. [CUSTODY ORDER.] Upon adjudging the nullity 40.1 of a marriage, in a dissolution or legal separation proceeding, 40.2 or in a child custody proceeding, the court must make a further 40.3 order as it deems just and proper concerning: 40.4 (1) the legal custody of each minor child of the parties, 40.5 which must be sole or joint; and 40.6 (2) their physical custody and residence. 40.7 Subd. 2. [STANDARD; PREFERENCE PROHIBITED.] In determining 40.8 custody, the court must consider the best interests of the child 40.9 and must not prefer one parent over the other solely on the 40.10 basis of the sex of the parent. 40.11 Subd. 3. [THE BEST INTERESTS OF THE CHILD; FACTORS.] "The 40.12 best interests of the child" means all relevant factors to be 40.13 considered and evaluated by the court including: 40.14 (1) the wishes of the child's parent or parents as to 40.15 custody; 40.16 (2) the reasonable preference of the child, if the court 40.17 deems the child to be of sufficient age to express a preference; 40.18 (3) the child's primary caretaker; 40.19 (4) the intimacy of the relationship between each parent 40.20 and the child; 40.21 (5) the interaction and interrelationship of the child with 40.22 a parent or parents, siblings, and any other person who may 40.23 significantly affect the child's best interests; 40.24 (6) the child's adjustment to home, school, and community; 40.25 (7) the length of time the child has lived in a stable, 40.26 satisfactory environment and the desirability of maintaining 40.27 continuity; 40.28 (8) the permanence, as a family unit, of the existing or 40.29 proposed home; 40.30 (9) the mental and physical health of all individuals 40.31 involved; except that a disability, as defined in section 40.32 363.01, of a parent or the child is not determinative of the 40.33 custody of the child, unless the proposed custodial arrangement 40.34 is not in the best interest of the child; 40.35 (10) the capacity and disposition of the parties to give 40.36 the child love, affection, and guidance, and to continue 41.1 educating and raising the child in the child's culture and 41.2 religion or creed, if any; 41.3 (11) the child's cultural background; 41.4 (12) the effect on the child of the actions of an abuser, 41.5 if related to domestic abuse, as defined in section 518B.01, 41.6 that has occurred between the parents or between a parent and 41.7 another individual, whether or not the individual alleged to 41.8 have committed domestic abuse is or ever was a family or 41.9 household member of the parent; 41.10 (13) except in cases in which a finding of domestic abuse 41.11 as defined in section 518B.01 has been made, the disposition of 41.12 each parent to encourage and permit frequent and continuing 41.13 contact by the other parent with the child; and 41.14 (14) evidence of a violation of section 609.507. 41.15 Subd. 4. [BEST INTERESTS DETERMINATION.] The court must 41.16 make detailed findings on each of the factors in subdivision 3 41.17 and explain how the factors led to its conclusion and to the 41.18 determination of the best interests of the child. In 41.19 determining the best interests of a child, the court may not use 41.20 one factor in subdivision 3 to the exclusion of all others. The 41.21 primary caretaker factor may not be used as a presumption in 41.22 determining the best interests of the child. The court may not 41.23 consider conduct of a parent that does not affect the parent's 41.24 relationship to the child. 41.25 Sec. 6. [517B.18] [JOINT CUSTODY.] 41.26 Subdivision 1. [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 41.27 addition to the factors listed in section 517B.17, if either 41.28 joint legal or joint physical custody is sought, the court must 41.29 consider the following relevant factors: 41.30 (1) the ability of parents to cooperate in the rearing of 41.31 their child; 41.32 (2) methods for resolving disputes regarding any major 41.33 decision concerning the life of the child, and the parents' 41.34 willingness to use those methods; 41.35 (3) whether it would be detrimental to the child if one 41.36 parent were to have sole authority over the child's upbringing; 42.1 and 42.2 (4) whether domestic abuse, as defined in section 518B.01, 42.3 has occurred between the parents. 42.4 Subd. 2. [PRESUMPTIONS; FINDINGS.] (a) The court must use 42.5 a rebuttable presumption that upon request of either or both 42.6 parties, joint legal custody is in the best interests of the 42.7 child. However, the court must use a rebuttable presumption 42.8 that joint legal or physical custody is not in the best 42.9 interests of the child if domestic abuse, as defined in section 42.10 518B.01, has occurred between the parents. 42.11 (b) If the court awards joint legal or physical custody 42.12 over the objection of a party, the court must make detailed 42.13 findings on each of the factors in this section and explain how 42.14 the factors led to its determination that joint custody would be 42.15 in the best interests of the child. 42.16 Subd. 3. [JOINT CUSTODY; SUPPORT GUIDELINES.] An award of 42.17 joint legal custody is not a reason for departure from the 42.18 support guidelines in section 518.551, subdivision 5. 42.19 Sec. 7. [517B.19] [CUSTODY; ACCESS RIGHTS OF PARENTS; 42.20 LIMITATIONS.] 42.21 Subdivision 1. [ACCESS; LIMITATIONS.] (a) Whether sole or 42.22 joint legal custody is ordered, the court must grant the 42.23 following rights to each of the parties, unless specific 42.24 findings are made under section 518.68, subdivision 1. Each 42.25 party: 42.26 (1) has the right of access to, and to receive copies of, a 42.27 minor child's school, medical, dental, religious training, and 42.28 other important records and information; 42.29 (2) has the right of access to information regarding health 42.30 or dental insurance available to a minor child; 42.31 (3) must keep the other party informed as to the name and 42.32 address of the school a minor child attends; 42.33 (4) must notify the other party, in the case of an accident 42.34 or serious illness of a minor child, of the accident or illness, 42.35 and the name of the health care provider and the place of 42.36 treatment; and 43.1 (5) has the right to reasonable access and telephone 43.2 contact with a minor child. 43.3 (b) Each party has the right to be informed by school 43.4 officials about a child's welfare, educational progress and 43.5 status, and to attend school and parent-teacher conferences. 43.6 The school is not required to hold a separate conference for 43.7 each party. 43.8 (c) The court may waive any of the rights under this 43.9 subdivision if it finds it is necessary to protect the welfare 43.10 of a party or child. 43.11 Sec. 8. Minnesota Statutes 2000, section 518.003, 43.12 subdivision 3, is amended to read: 43.13 Subd. 3. [CUSTODY.] Unless otherwise agreed by the parties: 43.14 (a) "Legal custody" means the right to determine the 43.15 child's upbringing, including education, health care, and 43.16 religious training. 43.17 (b) "Joint legal custody" means that both parents have 43.18 equal rights and responsibilities, including the right to 43.19 participate in major decisions determining the child's 43.20 upbringing, including education, health care, and religious 43.21 training. 43.22 (c) "Physical custody and residence" means the routine 43.23 daily care and control and the residence of the child. 43.24 (d) "Joint physical custody" means that the routine daily 43.25 care and control and the residence of the child is structured 43.26 between the parties. 43.27 (e)Wherever used in this chapter, the term"Custodial 43.28 parent" or "custodian" means the person who has the physical 43.29 custody of the child at any particular time. 43.30 (f) "Custody determination" means a court decision and 43.31 court orders and instructions providing for the custody of a 43.32 child, including parenting time, but does not include a decision 43.33 relating to child support or any other monetary obligation of 43.34 any person. 43.35 (g) "Custody proceeding" includes proceedings in which a 43.36 custody determination is one of several issues, such as an 44.1 action for dissolution, divorce, or separation, and includes 44.2 proceedings involving children who are in need of protection or 44.3 services, domestic abuse, and paternity. 44.4 Sec. 9. Minnesota Statutes 2000, section 518.155, is 44.5 amended to read: 44.6 518.155 [CUSTODYDETERMINATIONSAND PARENTING TIME 44.7 JURISDICTION.] 44.8 Notwithstanding any law to the contrary, a court in which a 44.9 proceeding for dissolution, legal separation, or child custody 44.10 has been commencedshallmust not issue, revise, modify or amend 44.11 any order, pursuant tosectionssection 518.131, 518.165, 44.12 518.168, 518.17, 518.175 or 518.18,whichthat affects the 44.13 custody of a minor child or the parenting time of anoncustodial44.14 parent unless the court has jurisdiction over the matter 44.15 pursuant to the provisions of chapter 518D. 44.16 Sec. 10. Minnesota Statutes 2000, section 518.156, is 44.17 amended to read: 44.18 518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.] 44.19 Subdivision 1. [PROCEDURE.] In a court of this statewhich44.20 that has jurisdiction to decide child custody matters, a child 44.21 custody proceeding is commenced: 44.22 (a) by a parent 44.23 (1) by filing a petition for dissolution or legal 44.24 separation; or 44.25 (2)whereif a decree of dissolution or legal separation 44.26 has been entered or where none is sought, orwhenif paternity 44.27 has been recognized under section 257.75, by filing a petition 44.28 or motion seeking custody or parenting time with the child in 44.29 the county where the child is permanently resident or where the 44.30 child is found or where an earlier order for custody of the 44.31 child has been entered; or 44.32 (b) by a person other than a parent,whereif a decree of 44.33 dissolution or legal separation has been entered orwhereif 44.34 none is sought by filing a petition or motion seeking custody or 44.35 visitation of the child in the county where the child is 44.36 permanently resident or where the child is found or where an 45.1 earlier order for custody of the child has been entered. A 45.2 person seeking visitation pursuant to this paragraph must 45.3 qualify under one of the provisions of section 257.022. 45.4 Subd. 2. [REQUIRED NOTICE.] Written notice of a child 45.5 custody or parenting time or visitation proceedingshallmust be 45.6 given to the child's parent, guardian, and custodian, who may 45.7 appear and be heard and may file a responsive pleading. The 45.8 court may, upon a showing of good cause, permit the intervention 45.9 of other interested parties. 45.10 Sec. 11. Minnesota Statutes 2000, section 518.157, 45.11 subdivision 1, is amended to read: 45.12 Subdivision 1. [IMPLEMENTATION; ADMINISTRATION.]By45.13January 1, 1998,The chief judge of each judicial district or a 45.14 designeeshallmust implement one or more parent education 45.15 programs within the judicial district for the purpose of 45.16 educating parents about the impact that divorce, the 45.17 restructuring of families, and judicial proceedings have upon 45.18 children and families; methods for preventing parenting time 45.19 conflicts; and dispute resolution options. The chief judge of 45.20 each judicial district or a designee may require that children 45.21 attend a separate education program designed to deal with the 45.22 impact of divorce upon children as part of the parent education 45.23 program. Each parent education program must enable persons to 45.24 have timely and reasonable access to education sessions. 45.25 Sec. 12. Minnesota Statutes 2000, section 518.157, 45.26 subdivision 2, is amended to read: 45.27 Subd. 2. [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 45.28 court should promulgate minimum standards for the implementation 45.29 and administration of a parent education program. The chief 45.30 judge of each judicial district or a designeeshallmust submit 45.31 a plan to the Minnesota conference of chief judges for their 45.32 approval that is designed to implement and administer a parent 45.33 education program in the judicial district. The plan must be 45.34 consistent with the minimum standards promulgated by the 45.35 Minnesota supreme court. 45.36 Sec. 13. Minnesota Statutes 2000, section 518.157, 46.1 subdivision 3, is amended to read: 46.2 Subd. 3. [ATTENDANCE.] In a proceeding under this chapter 46.3 or sections 257.51 to 257.75 where custody or parenting time is 46.4 contested, the parents of a minor childshallmust attend an 46.5 orientation and education program that meets the minimum 46.6 standards promulgated by the Minnesota supreme court. In all 46.7 other proceedings involving custody, support, or parenting time 46.8 the court may order the parents of a minor child to attend a 46.9 parent education program. The programshallmust provide the 46.10 court with names of persons who fail to attend the parent 46.11 education program as ordered by the court. Persons who are 46.12 separated or contemplating involvement in a dissolution, 46.13 paternity, custody, or parenting time proceeding may attend a 46.14 parent education program without a court order. Participation 46.15 in a parent education program must occur as early as possible. 46.16 Parent education programs must offer an opportunity to 46.17 participate at all phases of a pending or postdecree 46.18 proceeding. Upon request of a party and a showing of good 46.19 cause, the court may excuse the party from attending the 46.20 program. If past or present domestic abuse, as defined in 46.21 chapter 518B, is alleged, the courtshallmust not require the 46.22 parties to attend the same parent education sessions andshall46.23 must enter an order setting forth the manner in which the 46.24 parties may safely participate in the program. 46.25 Sec. 14. Minnesota Statutes 2000, section 518.157, 46.26 subdivision 5, is amended to read: 46.27 Subd. 5. [CONFIDENTIALITY.] Unless all parties agree in 46.28 writing, statements made by a party during participation in a 46.29 parent education program are inadmissible as evidence for any 46.30 purpose, including impeachment. No record may be made regarding 46.31 a party's participation in a parent education program, except a 46.32 record of attendance at and completion of the program as 46.33 required under this section. Instructorsshallmust not 46.34 disclose information regarding an individual participant 46.35 obtained as a result of participation in a parent education 46.36 program. Parent education instructors may not be subpoenaed or 47.1 called as witnesses in court proceedings. 47.2 Sec. 15. Minnesota Statutes 2000, section 518.157, 47.3 subdivision 6, is amended to read: 47.4 Subd. 6. [FEE.] Except as provided in this subdivision, 47.5 each person who attends a parent education programshallmust 47.6 pay a fee to defray the cost of the program. A party who 47.7 qualifies for waiver of filing fees under section 563.01 is 47.8 exempt from paying the parent education program fee and the 47.9 courtshallmust waive the fee or direct its payment under 47.10 section 563.01. Program providers shall implement a sliding fee 47.11 scale. 47.12 Sec. 16. Minnesota Statutes 2000, section 518.158, 47.13 subdivision 2, is amended to read: 47.14 Subd. 2. [EMERGENCY CUSTODY HEARING.] If the parent seeks 47.15 to remove the child from the home of the relative or if the 47.16 relative seeks to remove the child from the home of the parent 47.17 and the applicable factors in subdivision 1 exist, the relative 47.18 may apply for an ex parte temporary order for custody of the 47.19 child. The application must include an affidavit made under 47.20 oath that states with particularity the specific facts and 47.21 circumstances on which the application is based. The court 47.22shallmust grant temporary custody if it finds, based on the 47.23 application, that the applicable factors in subdivision 1 47.24 exist. If it finds that the factors in subdivision 1 do not 47.25 exist, the courtshallmust order that the child be returned to 47.26 or remain with the parent. An ex parte temporary custody order 47.27 under this subdivision is effective for a fixed period not to 47.28 exceed 14 days. A temporary custody hearing under this chapter 47.29 must be set for not later than seven days after issuance of the 47.30 ex parte temporary custody order, except that if the ex parte 47.31 temporary custody order is based on the grounds under 47.32 subdivision 1, paragraph (b), clause (2), the temporary custody 47.33 hearing must be set for not later than 72 hours, excluding 47.34 Saturdays, Sundays, and holidays, after issuance of the order. 47.35 The parent must be promptly served with a copy of the ex parte 47.36 order and the petition and notice of the date for the hearing. 48.1 Sec. 17. Minnesota Statutes 2000, section 518.158, 48.2 subdivision 4, is amended to read: 48.3 Subd. 4. [RETURN TO PARENT.] If the court orders permanent 48.4 custody to a relative under this section, the courtshallmust 48.5 set conditions the parent must meet in order to obtain custody. 48.6 The court may notify the parent that the parent may request 48.7 assistance from the local social service agency in order to meet 48.8 the conditions set by the court. 48.9 Sec. 18. Minnesota Statutes 2000, section 518.165, is 48.10 amended to read: 48.11 518.165 [GUARDIANS FOR MINOR CHILDREN.] 48.12 Subdivision 1. [PERMISSIVE APPOINTMENT OF GUARDIAN AD 48.13 LITEM.] In all proceedings for child custody or for dissolution 48.14 or legal separation where custody or parenting time with a minor 48.15 child is in issue, the court may appoint a guardian ad litem 48.16 from a panel established by the court to represent the interests 48.17 of the child. The guardian ad litemshallmust advise the court 48.18 with respect to custody, support, and parenting time. 48.19 Subd. 2. [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] In 48.20 all proceedings for child custody or for marriage dissolution or 48.21 legal separation in which custody or parenting time with a minor 48.22 child is an issue, if the court has reason to believe that the 48.23 minor child is a victim of domestic child abuse or neglect, as 48.24 those terms are defined in sections 260C.007 and 626.556, 48.25 respectively, the courtshallmust appoint a guardian ad litem. 48.26 The guardian ad litemshallmust represent the interests of the 48.27 child and advise the court with respect to custody, support, and 48.28 parenting time. If the child is represented by a guardian ad 48.29 litem in any other pending proceeding, the court may appoint 48.30 that guardian to represent the child in the custody or parenting 48.31 time proceeding. No guardian ad litem need be appointed if the 48.32 alleged domestic child abuse or neglect is before the court on a 48.33 juvenile dependency and neglect petition. Nothing in this 48.34 subdivision requires the court to appoint a guardian ad litem in 48.35 any proceeding for child custody, marriage dissolution, or legal 48.36 separation in which an allegation of domestic child abuse or 49.1 neglect has not been made. 49.2 Subd. 2a. [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 49.3 guardian ad litemshallmust carry out the following 49.4 responsibilities: 49.5 (1) conduct an independent investigation to determine the 49.6 facts relevant to the situation of the child and the family, 49.7 which must include, unless specifically excluded by the court, 49.8 reviewing relevant documents; meeting with and observing the 49.9 child in the home setting and considering the child's wishes, as 49.10 appropriate; and interviewing parents, caregivers, and others 49.11 with knowledge relevant to the case; 49.12 (2) advocate for the child's best interests by 49.13 participating in appropriate aspects of the case and advocating 49.14 for appropriate community services when necessary; 49.15 (3) maintain the confidentiality of information related to 49.16 a case, with the exception of sharing information as permitted 49.17 by law to promote cooperative solutions that are in the best 49.18 interests of the child; 49.19 (4) monitor the child's best interests throughout the 49.20 judicial proceeding; and 49.21 (5) present written reports on the child's best interests 49.22 that include conclusions and recommendations and the facts upon 49.23 which they are based. 49.24 Subd. 3. [FEES.] (a) A guardian ad litem appointed under 49.25 either subdivision 1 or 2 may be appointed either as a volunteer 49.26 or on a fee basis. If a guardian ad litem is appointed on a fee 49.27 basis, the courtshallmust enter an order for costs, fees, and 49.28 disbursements in favor of the child's guardian ad litem. The 49.29 order may be made against either or both parties, except that 49.30 any part of the costs, fees, or disbursements which the court 49.31 finds the parties are incapable of payingshallmust be borne by 49.32 the state courts. The costs of court-appointed counsel to the 49.33 guardian ad litemshallmust be paid by the county in which the 49.34 proceeding is being held if a party is incapable of paying for 49.35 them. Until the recommendations of the task force created in 49.36 Laws 1999, chapter 216, article 7, section 42, are implemented, 50.1 the costs of court-appointed counsel to a guardian ad litem in 50.2 the eighth judicial districtshallmust be paid by the state 50.3 courts if a party is incapable of paying for them. In no event 50.4 may the court order that costs, fees, or disbursements be paid 50.5 by a party receiving public assistance or legal assistance or by 50.6 a party whose annual income falls below the poverty line as 50.7 established under United States Code, title 42, section 9902(2). 50.8 (b) In each fiscal year, the state treasurershallmust 50.9 deposit guardian ad litem reimbursements in the general fund and 50.10 credit them to a separate account with the trial courts. The 50.11 balance of this account is appropriated to the trial courts and 50.12 does not cancel but is available until expended. Expenditures 50.13 by the state court administrator's office from this account must 50.14 be based on the amount of the guardian ad litem reimbursements 50.15 received by the state from the courts in each judicial district. 50.16 Sec. 19. Minnesota Statutes 2000, section 518.166, is 50.17 amended to read: 50.18 518.166 [INTERVIEWS.] 50.19 The court may interview the child in chambers to ascertain 50.20 the child's reasonable preference as tocustodianwith which 50.21 parent the child would reside, if the court deems the child to 50.22 be of sufficient age to express preference. The courtshall50.23 must permit counsel to be present at the interview andshall50.24 must permit counsel to propound reasonable questions to the 50.25 child either directly or through the court. The courtshall50.26 must cause a record of the interview to be made and to be made 50.27 part of the record in the case unless waived by the parties. 50.28 In contested custody proceedings, and in other custody 50.29 proceedings if a parent or the child's custodian requests, the 50.30 court may seek the recommendations of professional personnel 50.31 whether or not they are employed on a regular basis by the 50.32 court. The recommendations givenshallmust be in writing and 50.33shallmust be made available by the court to counsel upon 50.34 request. Counsel may call for cross-examination of professional 50.35 personnel consulted by the court. 50.36 Sec. 20. Minnesota Statutes 2000, section 518.167, 51.1 subdivision 3, is amended to read: 51.2 Subd. 3. [AVAILABILITY TO COUNSEL.] The courtshallmust 51.3 mail the investigator's report to counsel and to any party not 51.4 represented by counsel at least ten days before the hearing. 51.5 The investigatorshallmust maintain and, upon request, make 51.6 available to counsel and to a party not represented by counsel 51.7 the investigator's file of underlying data and reports, complete 51.8 texts of diagnostic reports made to the investigator pursuant to 51.9 the provisions of subdivision 2, and the names and addresses of 51.10 all persons whom the investigator has consulted.The51.11investigator and any person the investigator has consulted is51.12subject to other pretrial discovery in accordance with the51.13requirements of the Minnesota Rules of Civil Procedure.51.14Mediation proceedings are not subject to discovery without51.15written consent of both parties. A party to the proceeding may51.16call the investigator and any person whom the investigator has51.17consulted for cross-examination at the hearing. A party may not51.18waive the right of cross-examination before the hearing.51.19 Sec. 21. Minnesota Statutes 2000, section 518.167, 51.20 subdivision 4, is amended to read: 51.21 Subd. 4. [USE ATDISCOVERY; HEARING.] The investigator and 51.22 any person the investigator has consulted is subject to other 51.23 pretrial discovery in accordance with the requirements of the 51.24 Minnesota Rules of Civil Procedure. Mediation proceedings are 51.25 not subject to discovery without written consent of both 51.26 parties. A party to the proceeding may call the investigator 51.27 and any person whom the investigator has consulted for 51.28 cross-examination at the hearing. A party may not waive the 51.29 right of cross-examination before the hearing. The 51.30 investigator's report may be received in evidence at the hearing. 51.31 Sec. 22. Minnesota Statutes 2000, section 518.167, 51.32 subdivision 5, is amended to read: 51.33 Subd. 5. [COSTS.] The courtshallmust order all or part 51.34 of the cost of the investigation and report to be paid by either 51.35 or both parties, based on their ability to pay. Any part of the 51.36 cost that the court finds the parties are incapable of paying 52.1 must be borne by thecounty welfarelocal social services agency 52.2 or department of court services that performs the 52.3 investigation. The court may not order costs under this 52.4 subdivision to be paid by a party receiving public assistance or 52.5 legal assistance from a qualified legal services program or by a 52.6 party whose annual income falls below the poverty line under 52.7 United States Code, title 42, section 9902(2). 52.8 Sec. 23. Minnesota Statutes 2000, section 518.168, is 52.9 amended to read: 52.10 518.168 [HEARINGS.] 52.11 (a) Custody proceedingsshallmust receive priority in 52.12 being set for hearing. 52.13 (b) The court may tax as costs the payment of necessary 52.14 travel and other expenses incurred by a person whose presence at 52.15 the hearing the court deems necessary to determine the best 52.16 interests of the child. 52.17 (c) The court without a juryshallmust determine questions 52.18 of law and fact. If it finds that a public hearing may be 52.19 detrimental to the child's best interests, the court may exclude 52.20 the public from a custody hearing, but may admit any person who 52.21 has a direct interest in the particular case. 52.22 (d) If the court finds it necessary for the protection of 52.23 the child's welfare that the record of an interview, report, 52.24 investigation, or testimony in a custody proceeding not bekept52.25secretdisclosed, the court may make an appropriate order 52.26 sealing the record. 52.27 Sec. 24. Minnesota Statutes 2000, section 518.1705, 52.28 subdivision 6, is amended to read: 52.29 Subd. 6. [RESTRICTIONS ON PREPARATION AND CONTENT OF 52.30 PARENTING PLAN.] (a) Dispute resolution processes other than the 52.31 judicial process may not be required in the preparation of a 52.32 parenting plan if a parent is alleged to have committed domestic 52.33 abuse toward a parent or child who is a party to, or subject of, 52.34 the matter before the court. In these cases, the courtshall52.35 must consider the appointment of a guardian ad litem and a 52.36 parenting plan evaluator. 53.1 (b) The court may not require a parenting plan that 53.2 provides for joint legal custody or use of dispute resolution 53.3 processes, other than the judicial process,if the court finds 53.4 that section 518.179 applies, or the court finds that either 53.5 parent has engaged in the following toward a parent or child who 53.6 is a party to, or subject of, the matter before the court: 53.7 (1) acts of domestic abuse, including physical harm, bodily 53.8 injury, and infliction of fear of physical harm, assault, 53.9 terroristic threats, or criminal sexual conduct; 53.10 (2) physical, sexual, or a pattern of emotional abuse of a 53.11 child; or 53.12 (3) willful abandonment that continues for an extended 53.13 period of time or substantial refusal to perform parenting 53.14 functions. 53.15 Sec. 25. Minnesota Statutes 2000, section 518.175, 53.16 subdivision 1, is amended to read: 53.17 Subdivision 1. [GENERAL.] (a) In all proceedings for 53.18 dissolution or legal separation, subsequent to the commencement 53.19 of the proceeding and continuing thereafter during the minority 53.20 of the child, the courtshallmust, upon the request of either 53.21 parent, grantsuchparenting time on behalf of the child and 53.22noncustodialthe parentasthat will enable the child and the 53.23noncustodialparent to maintain a child to parent relationship 53.24 that will be in the best interests of the child. If the court 53.25 finds, after a hearing, that parenting time is likely to 53.26 endanger the child's physical or emotional health or impair the 53.27 child's emotional development, the courtshallmust restrict 53.28 parenting time with thenoncustodialparent as to time, place, 53.29 duration, or supervision and may deny parenting time entirely, 53.30 as the circumstances warrant. The courtshallmust consider the 53.31 age of the child and the child's relationship with the 53.32noncustodialparentprior tobefore the commencement of the 53.33 proceeding. A parent's failure to pay support because of the 53.34 parent's inability to do soshallis notbesufficient cause for 53.35 denial of parenting time. 53.36 (b) The court may provide that a law enforcement officer or 54.1 other appropriate person will accompany a party seeking to 54.2 enforce or comply with parenting time. 54.3 (c) Upon request of either party, to the extent practicable 54.4 an order for parenting time must include a specific schedule for 54.5 parenting time, including the frequency and duration of 54.6 visitation and visitation during holidays and vacations, unless 54.7 parenting time is restricted, denied, or reserved. 54.8 (d) The court administratorshallmust provide a form for a 54.9 pro se motion regarding parenting time disputes, whichincludes54.10 must include provisions for indicating the relief requested, an 54.11 affidavit in which the party may state the facts of the dispute, 54.12 and a brief description of the parenting time expeditor process 54.13 under section 518.1751. The form may not include a request for 54.14 a change of custody. The courtshallmust provide instructions 54.15 on serving and filing the motion. 54.16 Sec. 26. Minnesota Statutes 2000, section 518.175, 54.17 subdivision 1a, is amended to read: 54.18 Subd. 1a. [DOMESTIC ABUSE; SUPERVISED PARENTING TIME.] (a) 54.19 If acustodialparent requests supervised parenting time under 54.20 subdivision 1 or 5 and an order for protection under chapter 54.21 518B or a similar law of another state is in effect against the 54.22noncustodialother parent to protect thecustodialparent with 54.23 whom the child resides or the child, the judge or judicial 54.24 officer must consider the order for protection in making a 54.25 decision regarding parenting time. 54.26 (b) The state court administrator, in consultation with 54.27 representatives ofcustodial and noncustodialparents and other 54.28 interested persons,shallmust develop standards to be met by 54.29 persons who are responsible for supervising parenting time. 54.30 Either parent may challenge the appropriateness of an individual 54.31 chosen by the court to supervise parenting time. 54.32 Sec. 27. Minnesota Statutes 2000, section 518.175, 54.33 subdivision 2, is amended to read: 54.34 Subd. 2. [RIGHTS OF CHILDREN ANDNONCUSTODIALPARENT.] 54.35 Upon the request of either parent, the court may inform any 54.36 child of the parties, if eight years of age or older, or 55.1 otherwise of an age of suitable comprehension, of the rights of 55.2 the child andthe noncustodialeach parent under the order or 55.3 decree or any substantial amendmentthereofof it. 55.4 Thecustodialparentshallwith whom the child resides must 55.5 present the child for parenting time with thenoncustodialother 55.6 parent, atsuchthe timesasthe court directs. 55.7 Sec. 28. Minnesota Statutes 2000, section 518.175, 55.8 subdivision 3, is amended to read: 55.9 Subd. 3. [MOVE TO ANOTHER STATE.] Thecustodialparent 55.10shallwith whom the child resides must not move the residence of 55.11 the child to another state except upon order of the court or 55.12 with the consent of thenoncustodialother parent,whenif the 55.13noncustodialother parent has been given parenting time by the 55.14 decree. If the purpose of the move is to interfere with 55.15 parenting time given to thenoncustodialother parent by the 55.16 decree, the courtshallmust not permit the child's residence to 55.17 be moved to another state. 55.18 Sec. 29. Minnesota Statutes 2000, section 518.175, 55.19 subdivision 5, is amended to read: 55.20 Subd. 5. [MODIFICATION OF PARENTING PLAN OR ORDER FOR 55.21 PARENTING TIME.] If modification would serve the best interests 55.22 of the child, the courtshallmust modify the decision-making 55.23 provisions of a parenting plan or an order granting or denying 55.24 parenting time, if the modification would not change the child's 55.25 primary residence. Except as provided in section 631.52, the 55.26 court may not restrict parenting time unless it finds that: 55.27 (1) parenting time is likely to endanger the child's 55.28 physical or emotional health or impair the child's emotional 55.29 development; or 55.30 (2) thenoncustodialparent has chronically and 55.31 unreasonably failed to comply with court-ordered parenting time. 55.32 Ifthe custodiala parent makes specific allegations that 55.33 parenting time places thecustodialparent or child in danger of 55.34 harm, the courtshallmust hold a hearing at the earliest 55.35 possible time to determine the need to modify the order granting 55.36 parenting time. Consistent with subdivision 1a, the court may 56.1 require a third party, including the local social services 56.2 agency, to supervise the parenting time or may restrict a 56.3 parent's parenting time if necessary to protect thecustodial56.4 other parent or child from harm. In addition, if there is an 56.5 existing order for protection governing the parties, the 56.6 courtshallmust consider the use of an independent, neutral 56.7 exchange location for parenting time. 56.8 Sec. 30. Minnesota Statutes 2000, section 518.175, 56.9 subdivision 6, is amended to read: 56.10 Subd. 6. [REMEDIES.] (a) The court may provide for one or 56.11 more of the following remedies for denial of or interference 56.12 with court-ordered parenting time as provided under this 56.13 subdivision. All parenting time orders must include notice of 56.14 the provisions of this subdivision. 56.15 (b) If the court finds that apersonparent has been 56.16 deprived of court-ordered parenting time, the courtshallmust 56.17 order thecustodialparent who has caused the deprivation to 56.18permit additional parenting time to compensate for theallow 56.19 compensatory parenting timeof which the person was deprivedto 56.20 the other parent or the courtshallmust make specific findings 56.21 as to why a request for compensatory parenting time is denied. 56.22 If compensatory parenting time is awarded, additional parenting 56.23 time must be: 56.24 (1) at least of the same type and duration as the deprived 56.25 parenting time and, at the discretion of the court, may be in 56.26 excess of or of a different type than the deprived parenting 56.27 time; 56.28 (2) taken within one year after the deprived parenting 56.29 time; and 56.30 (3) at a time acceptable to thepersonparent deprived of 56.31 parenting time. 56.32 (c) If the court finds that a party has wrongfully failed 56.33 to comply with a parenting time order or a binding agreement or 56.34 decision under section 518.1751, the court may: 56.35 (1) impose a civil penalty of up to $500 on the party; 56.36 (2) require the party to post a bond with the court for a 57.1 specified period of time to secure the party's compliance; 57.2 (3) award reasonable attorney's fees and costs; 57.3 (4) require the party who violated the parenting time order 57.4 or binding agreement or decision of the parenting time expeditor 57.5 to reimburse the other party for costs incurred as a result of 57.6 the violation of the order or agreement or decision; or 57.7 (5) award any other remedy that the court finds to be in 57.8 the best interests of the children involved. 57.9 A civil penalty imposed under this paragraph must be 57.10 deposited in the county general fund and must be used to fund 57.11 the costs of a parenting time expeditor program in a county with 57.12 this program. In other counties, the civil penalty must be 57.13 deposited in the state general fund. 57.14 (d) If the court finds that a party has been denied 57.15 parenting time and has incurred expenses in connection with the 57.16 denied parenting time, the court may require the party who 57.17 denied parenting time to post a bond in favor of the other party 57.18 in the amount of prepaid expenses associated with upcoming 57.19 planned parenting time. 57.20 (e) Proof of an unwarranted denial of or interference with 57.21 duly established parenting time may constitute contempt of court 57.22 and may be sufficient cause for reversal of custody. 57.23 Sec. 31. Minnesota Statutes 2000, section 518.175, 57.24 subdivision 7, is amended to read: 57.25 Subd. 7. [GRANDPARENT VISITATION.] In all proceedings for 57.26 dissolution or legal separation, after the commencement of the 57.27 proceeding or at any time after completion of the proceedings, 57.28 and continuing during the child's minorityof the child, the 57.29 court may make an order granting visitation rights to 57.30 grandparentsunderand other individuals as provided by section 57.31 257.022, subdivision 2. 57.32 Sec. 32. Minnesota Statutes 2000, section 518.175, 57.33 subdivision 8, is amended to read: 57.34 Subd. 8. [ADDITIONAL PARENTING TIME FOR CARE OF CHILDBY57.35NONCUSTODIAL PARENT.] The court may allow additional parenting 57.36 time to the noncustodial parent to provide child care while the 58.1 custodial parent is working if this arrangement is reasonable 58.2 and in the best interests of the child, as defined in section 58.3 518.17, subdivision 1. In addition, the courtshallmust 58.4 consider: 58.5 (1) the ability of the parents to cooperate; 58.6 (2) methods for resolving disputes regarding the care of 58.7 the child, and the parents' willingness to use those methods; 58.8 and 58.9 (3) whether domestic abuse, as defined in section 518B.01, 58.10 has occurred between the parties. 58.11 Sec. 33. Minnesota Statutes 2000, section 518.1751, 58.12 subdivision 1b, is amended to read: 58.13 Subd. 1b. [PURPOSE; DEFINITIONS.] (a) The purpose of a 58.14 parenting time expeditor is to resolve parenting time disputes 58.15 by enforcing, interpreting, clarifying, and addressing 58.16 circumstances not specifically addressed by an existing 58.17 parenting time order and, if appropriate, to make a 58.18 determination as to whether the existing parenting time order 58.19 has been violated. A parenting time expeditor may be appointed 58.20 to resolve a one-time parenting time dispute or to provide 58.21 ongoing parenting time dispute resolution services. 58.22 (b) For purposes of this section, "parenting time dispute" 58.23 means a disagreement among parties about parenting time with a 58.24 child, including a dispute about an anticipated denial of future 58.25 scheduled parenting time. "Parenting time dispute" includes a 58.26 claim by acustodialparent thata noncustodialthe other parent 58.27 is not spending time with a child as well as a claim by 58.28 anoncustodialparent thata custodialthe other parent is 58.29 denying or interfering with parenting time. 58.30 (c) A "parenting time expeditor" is a neutral person 58.31 authorized to use a mediation-arbitration process to resolve 58.32 parenting time disputes. A parenting time expeditorshallmust 58.33 attempt to resolve a parenting time dispute by facilitating 58.34 negotiations between the parties to promote settlementand,. If 58.35 it becomes apparent that the dispute cannot be resolved by an 58.36 agreement of the parties, the parenting time expeditorshall59.1 must make a decision resolving the dispute. 59.2 Sec. 34. Minnesota Statutes 2000, section 518.1751, 59.3 subdivision 2, is amended to read: 59.4 Subd. 2. [APPOINTMENT.] (a) The parties may stipulate to 59.5 the appointment of a parenting time expeditor or a team of two 59.6 expeditors without appearing in court by submitting to the court 59.7 a written agreement identifying the names of the individuals to 59.8 be appointed by the court; the nature of the dispute; the 59.9 responsibilities of the parenting time expeditor, including 59.10 whether the expeditor is appointed to resolve a specific issue 59.11 or on an ongoing basis; the term of the appointment; and the 59.12 apportionment of fees and costs. The courtshallmust review 59.13 the agreement of the parties. 59.14 (b) If the parties cannot agree on a parenting time 59.15 expeditor, the courtshallmust provideto the partiesthem with 59.16 a copy of the court administrator's roster of parenting time 59.17 expeditors and require the parties to exchange the names of 59.18 three potential parenting time expeditors by a specific date. 59.19 If after exchanging names the parties are unable to agree upon a 59.20 parenting time expeditor, the courtshallmust select the 59.21parenting timeexpeditor and, in its discretion, may appoint one 59.22 expeditor or a team of twoexpeditors. In the selection process 59.23 the court must give consideration to the financial circumstances 59.24 of the parties and the fees of those being considered 59.25 asparenting timeexpeditors. Preference must be given to 59.26 persons who agree to volunteer their services or who will charge 59.27 a variable fee for services based on the ability of the parties 59.28 to pay for them. 59.29 (c) An order appointing a parenting time expeditor must 59.30 identify the name of the individual to be appointed, the nature 59.31 of the dispute, the responsibilities of the expeditor including 59.32 whether the expeditor is appointed to resolve a specific issue 59.33 or on an ongoing basis, the term of the appointment, the 59.34 apportionment of fees, and notice that if the parties are unable 59.35 to reach an agreement with the expeditor's assistanceof the59.36expeditor, the expeditor is authorized to make a decision 60.1 resolving the dispute which is binding upon the parties unless 60.2 modified or vacated by the court. 60.3 Sec. 35. Minnesota Statutes 2000, section 518.1751, 60.4 subdivision 2a, is amended to read: 60.5 Subd. 2a. [FEES.]Prior toBefore appointing the parenting 60.6 time expeditor, the courtshallmust give the parties notice 60.7 that the expeditor's feesof the expeditorwill be apportioned 60.8 among the parties. In its order appointing the expeditor, the 60.9 courtshallmust apportion the expeditor's feesof the expeditor60.10 among the parties, with each party bearing the portion of fees 60.11 that the court determines is just and equitable under the 60.12 circumstances. If a party files a pro se motion regarding a 60.13 parenting time dispute and there is notaan existing court 60.14 orderthat provides for apportionment ofapportioning the fees 60.15 of an expeditor, the court administrator may require the party 60.16 requestingtheappointment of an expeditor to pay the 60.17 expeditor's feesof the expeditorin advance. Neither party may 60.18 be required to submit a dispute toa visitationan expeditor if 60.19 the party cannot afford to payforthe feesof an expeditorand 60.20 an affordable expeditor is not available, unless the other party 60.21 agrees to pay the fees. After fees are incurred, a party may by 60.22 motion request that the fees be reapportioned on equitable 60.23 grounds. The court may consider the resources of the parties, 60.24 the nature of the dispute, and whether a party acted in bad 60.25 faith. The court may consider information from the expeditor in 60.26 determining bad faith. 60.27 Sec. 36. Minnesota Statutes 2000, section 518.1751, 60.28 subdivision 2b, is amended to read: 60.29 Subd. 2b. [ROSTER OF PARENTING TIME EXPEDITORS.]EachThe 60.30 court administratorshallmust maintain and make available 60.31 to judicial officers and the publicand judicial officersa 60.32 roster of individuals available to serve as parenting time 60.33 expeditors, including. The roster must include each 60.34 individual's name, address, telephone number, and fee charged, 60.35 if any. A court administratorshallmust not place on the 60.36 roster the name of an individual who has not completed the 61.1 training required in subdivision 2c. If the use ofa parenting61.2timean expeditor is initiated by stipulation of the parties, 61.3 the parties may agree upon a person to serve as an expeditor 61.4 even if that person has not completed the training described in 61.5 subdivision 2c. The court may appointa person to serveas an 61.6 expeditoreven if thea person who is not on the court 61.7 administrator's roster, but may not appoint a person who has not 61.8 completed the training described in subdivision 2c, unless so 61.9 stipulated by the parties. To maintain one's listing on a court 61.10 administrator's roster of parenting time expeditors, an 61.11 individualshallmust annually submit to the court administrator 61.12 proof of completion of continuing education requirements. 61.13 Sec. 37. Minnesota Statutes 2000, section 518.1751, 61.14 subdivision 2c, is amended to read: 61.15 Subd. 2c. [TRAINING AND CONTINUING EDUCATION 61.16 REQUIREMENTS.] To qualify for listing on a court administrator's 61.17 roster of parenting time expeditors, an individualshallmust 61.18 complete a minimum of 40 hours of family mediation training that 61.19 has been certified by the Minnesota supreme court, which. The 61.20 training must include certified training in domestic abuse 61.21 issues as required under Rule 114 of the Minnesota General Rules 61.22 of Practice for the District Courts. Tomaintain one's listing61.23 remain listed on a court administrator's roster of parenting 61.24 time expeditors, an individualshallmust annually attend three 61.25 hours of continuing education about alternative dispute 61.26 resolution subjects. 61.27 Sec. 38. Minnesota Statutes 2000, section 518.1751, 61.28 subdivision 3, is amended to read: 61.29 Subd. 3. [AGREEMENT OR DECISION.] (a) Within five days of 61.30 notice of the appointment, or within five days of notice of a 61.31 subsequent parenting time dispute between the same parties, the 61.32 parenting time expeditorshallmust meet with the parties 61.33 together or separately andshallmake a diligent effort to 61.34 facilitate an agreement to resolve the dispute. If a parenting 61.35 time dispute requires immediate resolution, theparenting time61.36 expeditor may confer with the parties through a telephone 62.1 conference or similar means. An expeditor may make a decision 62.2 without conferring with a party if the expeditor made a good 62.3 faith effort to confer with the party, but the party chose not 62.4 to participate in resolution of the dispute. 62.5 (b) If the parties do not reach an agreement, the expeditor 62.6shallmust make a decision resolving the dispute as soon as 62.7 possible, but not later than five days after receiving all 62.8 information necessary to make a decision and after the final 62.9 meeting or conference with the parties. The expeditor is 62.10 authorized to award compensatory parenting time under section 62.11 518.175, subdivision 6, and may recommend to the court that the 62.12 noncomplying party pay attorney's fees, court costs, and other 62.13 costs under section 518.175, subdivision 6, paragraph (d), if 62.14 the parenting time order has been violated. The expeditorshall62.15not loseretains the authority to make a decision if 62.16 circumstances beyond the expeditor's control make it 62.17 impracticable to meet the five-day timelines. 62.18 (c) Unless the parties mutually agree, the parenting time 62.19 expeditorshallmust not make a decision that is inconsistent 62.20 with an existing parenting time order, but may make decisions 62.21 interpreting or clarifying a parenting time order, including the 62.22 development of a specific schedule when the existing court order 62.23 grants "reasonable parenting time." 62.24 (d) The expeditorshallmust put an agreement or decision 62.25 in writing and provide a copy to the parties. The expeditor may 62.26 include or omit reasons for the agreement or decision. An 62.27 agreement of the parties or a decision of the expeditor is 62.28 binding on the parties unless vacated or modified by the court. 62.29 If a party does not comply with an agreement of the parties or a 62.30 decision of the expeditor, any party may bring a motion with the 62.31 court andshallmust attach a copy of the parties' written 62.32 agreement or decision of the expeditor. The court may enforce, 62.33 modify, or vacate the agreement of the parties or the decision 62.34 of the expeditor. 62.35 Sec. 39. Minnesota Statutes 2000, section 518.176, is 62.36 amended to read: 63.1 518.176 [JUDICIAL SUPERVISION.] 63.2Subdivision 1. Except as otherwise agreed by the parties63.3in writing at the time of the custody order,(a) Thecustodian63.4 parent with whom the child resides may determine the child's 63.5 upbringing, including education, health care, and religious 63.6 training, unless: 63.7 (1) otherwise agreed by the parties in writing at the time 63.8 of the custody order; or 63.9 (2) upon motion by the other parent, the court after 63.10 hearing,finds, upon motion by the noncustodial parent,that in 63.11 the absence of a specific limitation of thecustodian's63.12 authority of the parent with whom the child resides, the child's 63.13 physical or emotional health is likely to be endangered or the 63.14 child's emotional development impaired. 63.15Subd. 2.(b) If both parents or all contestants agree to 63.16 the order, or if the court finds that in the absence of the 63.17 order the child's physical or emotional health is likely to be 63.18 endangered or the child's emotional development impaired, the 63.19 court may order the local social services agency or the 63.20 department of court services to exercise continuing supervision 63.21 over the case under guidelines established by the court to 63.22 assure that the custodial or parenting time terms of the decree 63.23 are carried out. 63.24 Sec. 40. Minnesota Statutes 2000, section 518.177, is 63.25 amended to read: 63.26 518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL 63.27 RIGHTS LAW.] 63.28EveryA court order and judgment and decree concerning 63.29 custody of or parenting time or visitation with a minor child 63.30shallmust contain the notice set out in section 518.68, 63.31 subdivision 2. 63.32 Sec. 41. Minnesota Statutes 2000, section 518.178, is 63.33 amended to read: 63.34 518.178 [PARENTING TIME AND SUPPORT REVIEW HEARING.] 63.35 Upon motion of either party, the courtshallmust conduct a 63.36 hearing to review compliance with the parenting time and child 64.1 support provisionsset forthin a decree of dissolution or legal 64.2 separation or an order that establishes child custody, parenting 64.3 time, and support rights and obligations of parents. The state 64.4 court administratorshallmust prepare, and each court 64.5 administratorshallmust make available, simplified pro se forms 64.6 for reviewing parenting time and child support disputes. The 64.7 court may impose any parenting time enforcement remedy available 64.8 under sections 518.175 and 518.1751, and any support enforcement 64.9 remedy available under section 518.551. 64.10 Sec. 42. Minnesota Statutes 2000, section 518.179, 64.11 subdivision 1, is amended to read: 64.12 Subdivision 1. [SEEKING CUSTODY OR PARENTING TIME.] 64.13 Notwithstanding any contrary provision in section 518.17 or 64.14 518.175,ifa person seeking child custody or parenting time who 64.15 has been convicted of a crime described in subdivision 2, the64.16person seeking custody or parenting timehas the burden to prove 64.17 that custody or parenting time by that person is in the best 64.18 interests of the child if: 64.19 (1) the conviction occurred within the preceding five 64.20 years; 64.21 (2) the person is currently incarcerated, on probation, or 64.22 under supervised release for the offense; or 64.23 (3) the victim of the crime was a family or household 64.24 member as defined in section 518B.01, subdivision 2. 64.25 If this section applies, the court may not grant custody or 64.26 parenting time to the person unless it finds that the custody or 64.27 parenting time is in the best interests of the child. If the 64.28 victim of the crime was a family or household member, the 64.29 standard of proof is clear and convincing evidence. A guardian 64.30 ad litem must be appointed in any case where this section 64.31 applies. 64.32 Sec. 43. Minnesota Statutes 2000, section 518.18, is 64.33 amended to read: 64.34 518.18 [MODIFICATION OF ORDER.] 64.35 (a) Unless agreed to in writing by the parties, no motion 64.36 to modify a custody order or parenting plan may be made earlier 65.1 than one year after the date of the entry of a decree of 65.2 dissolution or legal separation containing a provision dealing 65.3 with custody, except in accordance with paragraph (c). 65.4 (b) If a motion for modification has been heard, whether or 65.5 not it was granted, unless agreed to in writing by the parties 65.6 no subsequent motion may be filed within two years after 65.7 disposition of the prior motion on its merits, except in 65.8 accordance with paragraph (c). 65.9 (c) The time limitations prescribed in paragraphs (a) and 65.10 (b)shalldo not prohibit a motion to modify a custody order or 65.11 parenting plan if the court finds that there is persistent and 65.12 willful denial or interference with parenting time, or has 65.13 reason to believe that the child's present environment may 65.14 endanger the child's physical or emotional health or impair the 65.15 child's emotional development. 65.16 (d)If theA court that has jurisdiction to determine child 65.17 custody matters, the court shallmust not modify a prior custody 65.18 order or a parenting plan provisionwhichthat specifies the 65.19 child's primary residence unless it finds, upon the basis of65.20facts, including unwarranted denial of, or interference with, a65.21duly established parenting time schedule, that have arisen since65.22the prior order or that were unknown to the court at the time of65.23the prior order,that a change has occurred in the circumstances 65.24 of the child or the parties and that the modification is 65.25 necessary to serve the best interests of the child. The court 65.26 must make its finding upon the basis of facts, including 65.27 unwarranted denial of, or interference with, a duly established 65.28 parenting time schedule, that have arisen since the prior order 65.29 or that were unknown to the court at the time of the prior order. 65.30 In applying these standards the courtshallmust retain the 65.31 custody arrangement or the parenting plan provision specifying 65.32 the child's primary residence that was established by the prior 65.33 order unless: 65.34 (i) the court finds that a change in the custody 65.35 arrangement or primary residence is in the best interests of the 65.36 child and the parties previously agreed, in a writing approved 66.1 by a court, to apply the best interests standard in section 66.2 518.17 or 257.025, as applicable; and, with respect to 66.3 agreements approved by a court on or after April 28, 2000, both 66.4 parties were represented by counsel when the agreement was 66.5 approved or the court found the parties were fully informed, the 66.6 agreement was voluntary, and the parties were aware of its 66.7 implications; 66.8 (ii) both parties agree to the modification; 66.9 (iii) the child has been integrated into the family of the 66.10 petitioner with the consent of the other party; or 66.11 (iv) the child's present environment endangers the child's 66.12 physical or emotional health or impairs the child's emotional 66.13 development and the harm likely to be caused by a change of 66.14 environment is outweighed by the advantage of a change to the 66.15 child. 66.16In addition,(e) A court may modify a custody order or 66.17 parenting plan under section 631.52. 66.18(e)(f) In deciding whether to modify a prior joint custody 66.19 order, the courtshallmust apply the standards set forth in 66.20 paragraph (d) unless: 66.21 (1) the parties agree in writing to the application of a 66.22 different standard,; or 66.23 (2) the party seeking the modification is asking the court 66.24 for permission to move the residence of the child to another 66.25 state. 66.26(f) If a custodial parent has been granted sole physical66.27custody of a minor and the child subsequently lives with the66.28noncustodial parent, and temporary sole physical custody has66.29been approved by the court or by a court-appointed referee,(g) 66.30 The court may suspend thenoncustodial parent'sobligor's child 66.31 support obligation pendingthea final custody determination if: 66.32 (1) the obligee has been granted sole physical custody of a 66.33 child; 66.34 (2) the child subsequently lives with the obligor; and 66.35 (3) a temporary sole custody order has been approved by the 66.36 court or a court-approved referee. 67.1The court'sA court order denying the suspension of child 67.2 support under this paragraph must include a written explanation 67.3 of the reasons why continuation of the child support obligation 67.4 would be in the best interests of the child. 67.5 (h) A party seeking modification of a custody order must 67.6 submit with moving papers an affidavit setting forth facts 67.7 supporting the requested modification. The party must give 67.8 notice and a copy of the affidavit to other parties to the 67.9 proceeding, who may file opposing affidavits. 67.10 Sec. 44. Minnesota Statutes 2000, section 518.612, is 67.11 amended to read: 67.12 518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 67.13 ORDER.] 67.14Failure by a party to make support payments is not a67.15defense to: interference with parenting time; or without the67.16permission of the court or the noncustodial parent removing a67.17child from this state. Nor is interference with parenting time67.18or taking a child from this state without permission of the67.19court or the noncustodial parent a defense to nonpayment of67.20support. If a party fails to make support payments, or67.21interferes with parenting time, or without permission of the67.22court or the noncustodial parent removes a child from this67.23state, the other party may petition the court for an appropriate67.24order.67.25 (a) An obligor may not assert as a defense to failure to 67.26 pay child support that the obligee interfered with parenting 67.27 time or removed the child from the state without permission of 67.28 the obligor or the court. 67.29 (b) An obligee may not assert as a defense to interference 67.30 with parenting time or removing the child from the state without 67.31 permission of the obligor or the court, that the obligor failed 67.32 to pay child support. 67.33 (c) A party may petition the court for an appropriate order 67.34 if the other party: 67.35 (1) fails to make support payments; 67.36 (2) interferes with parenting time; or 68.1 (3) removes a child from this state without permission of 68.2 the court or the other parent. 68.3 Sec. 45. Minnesota Statutes 2000, section 518.619, is 68.4 amended to read: 68.5 518.619 [CUSTODY ORVISITATIONPARENTING TIME; MEDIATION 68.6 SERVICES.] 68.7 Subdivision 1. [MEDIATION PROCEEDING.] Except as provided 68.8 in subdivision 2, if it appears on the face of the petition or 68.9 other application for an order or modification of an order for 68.10thechild custodyof a childthat custody or parenting time is 68.11 contested, or that any issue pertinent to a custody or parenting 68.12 time determination, including parenting time rights, is 68.13 unresolved, the matter may be set for mediation of the contested 68.14 issueprior tobefore, concurrent with, orsubsequent to the68.15 after settingofthe matter for hearing. The purpose of the 68.16 mediation proceeding is to reduce acrimonywhichthat may exist 68.17 between the parties and to develop an agreement that is 68.18 supportive of the child's best interests. The mediatorshall68.19 must use best efforts to effect a settlement of the custody or 68.20 parenting time dispute, butshall havehas no coercive authority. 68.21 Subd. 2. [EXCEPTION.] If the court determines that there 68.22 is probable cause that one of the parties, or a child of a 68.23 party, has been physically or sexually abused bythe othera 68.24 party, the courtshallmust not require or refer the parties to 68.25 mediation or any other process that requires parties to meet and 68.26 confer without counsel, if any, present. 68.27 Subd. 3. [MEDIATOR APPOINTMENT.] In order to participate 68.28 in a custody mediation, a mediator must be appointed by the 68.29 family court. A mediator must be a member of the professional 68.30 staff of a family court, probation department, mental health 68.31 services agency, or a private mediation service. The mediator 68.32 must be on a list of mediators approved by the court having 68.33 jurisdiction of the matter, unless the parties stipulate to a 68.34 mediator not on the list. 68.35 Subd. 4. [MEDIATOR QUALIFICATIONS.] A mediator who 68.36 performs mediation in contested child custody mattersshallmust 69.1 meet the following minimum qualifications: 69.2(a)(1) knowledge of the court system and the procedures 69.3 used in contested child custody matters; 69.4(b)(2) knowledge of other resources in the community to 69.5 which the parties to contested child custody matters can be 69.6 referred for assistance; 69.7(c)(3) knowledge of child development, clinical issues 69.8 relating to children, the effects of marriage dissolution on 69.9 children, and child custody research; and 69.10(d)(4) a minimum of 40 hours of certified mediation 69.11 training. 69.12 Subd. 5. [RECORDS; PRIVATE DATA.] Mediation proceedings 69.13shallmust be conducted in private. All records of a mediation 69.14 proceedingshall beare private and not available as evidence in 69.15 an action for marriage dissolution and related proceedings on 69.16 any issue in controversy in the dissolution. 69.17 Subd. 6. [MEDIATOR RECOMMENDATIONS.] When the parties have 69.18 not reached agreement as a result of the mediation proceeding, 69.19 the mediator may recommend to the court that an investigation be 69.20 conducted under section 518.167, or that other action be taken 69.21 to assist the parties to resolve the controversy before hearing 69.22 on the issues. The mediator may not conduct the investigation 69.23 or evaluation unless: (1) the parties agree in a writing, 69.24 executed after the termination of mediation, that the mediator 69.25 may conduct the investigation or evaluation, or (2) there is no 69.26 other person reasonably available to conduct the investigation 69.27 or evaluation. The mediator may recommend that mutual 69.28 restraining orders be issued in appropriate cases, pending 69.29 determination of the controversy, to protect the well-being of 69.30 the children involved in the controversy. 69.31 Subd. 7. [MEDIATION AGREEMENT.] An agreement reached by 69.32 the parties as a result of mediationshallmust be discussed by 69.33 the parties with their attorneys, if any, and. The approved 69.34 agreement may then be included in the marital dissolution decree 69.35 or other stipulation submitted to the court. An agreement 69.36 reached by the parties as a result of mediation may not be 70.1 presented to the court nor made enforceable unless the parties 70.2 and their counsel, if any, consent to its presentation to the 70.3 court, and the court adopts the agreement. 70.4 Subd. 8. [RULES.] Each courtshallmust adopt rules to 70.5 implement this section, andshallmust compile and maintain a 70.6 list of mediators. 70.7 Sec. 46. [INSTRUCTION TO REVISOR.] 70.8 The revisor of statutes must renumber the sections in 70.9 Minnesota Statutes 2000 listed in column A as indicated in 70.10 column B and correct cross-references to those sections 70.11 throughout Minnesota Statutes and Minnesota Rules. 70.12 A B 70.13 518.003, subd. 3 517B.01, subd. 2 70.14 518.003, subd. 5 517B.01, subd. 3 70.15 518.155 517B.02 70.16 518.156 517B.13 70.17 518.157 517B.06 70.18 518.158, subd. 1 517B.22, subd. 2 70.19 518.158, subd. 2 517B.22, subd. 3 70.20 518.158, subd. 3 517B.22, subd. 4 70.21 518.158, subd. 4 517B.22, subd. 5 70.22 518.158, subd. 5 517B.22, subd. 1 70.23 518.165 517B.08 70.24 518.166 517B.14 70.25 518.167 517B.15 70.26 518.168 517B.16 70.27 518.1705 517B.25 70.28 518.175, subd. 1 517B.27, subd. 1 70.29 518.175, subd. 1a 517B.27, subd. 2 70.30 518.175, subd. 2 517B.27, subd. 3 70.31 518.175, subd. 3 517B.27, subd. 4 70.32 518.175, subd. 5 517B.27, subd. 6 70.33 518.175, subd. 6 517B.27, subd. 7 70.34 518.175, subd. 7 517B.30 70.35 518.175, subd. 8 517B.27, subd. 8 70.36 518.1751, subd. 1 517B.28, subd. 1 71.1 518.1751, subd. 1a 517B.28, subd. 2 71.2 518.1751, subd. 1b 517B.28, subd. 3 71.3 518.1751, subd. 2 517B.28, subd. 6 71.4 518.1751, subd. 2a 517B.28, subd. 7 71.5 518.1751, subd. 2b 517B.28, subd. 4 71.6 518.1751, subd. 2c 517B.28, subd. 5 71.7 518.1751, subd. 3 517B.28, subd. 8 71.8 518.1751, subd. 4 517B.28, subd. 13 71.9 518.1751, subd. 4a 517B.28, subd. 9 71.10 518.1751, subd. 5 517B.28, subd. 10 71.11 518.1751, subd. 5a 517B.28, subd. 11 71.12 518.1751, subd. 6 517B.28, subd. 12 71.13 518.176 517B.20 71.14 518.177 517B.04 71.15 518.178 517B.27, subd. 5 71.16 518.179 517B.09 71.17 518.18 517B.21 71.18 518.183 517B.26 71.19 518.612 517B.10 71.20 518.619 517B.07 71.21 Sec. 47. [REPEALER.] 71.22 Minnesota Statutes 2000, sections 518.17; and 518.185, are 71.23 repealed. 71.24 ARTICLE 3 71.25 CHILD SUPPORT 71.26 Section 1. Minnesota Statutes 2000, section 256.9791, is 71.27 amended to read: 71.28 256.9791 [MEDICAL SUPPORT BONUS INCENTIVES.] 71.29 Subdivision 1. [BONUS INCENTIVE.] (a) A bonus incentive 71.30 program is created to increase the identification and 71.31 enforcement by county agencies of dependent healthinsurance71.32 coverage forpersons who are receiving medical assistance under71.33section 256B.055 andchildren and family units for whom the 71.34 county agency is providing child support enforcement services. 71.35 (b) The bonus shall be awarded to a county child support 71.36 agency for eachpersonchild for whom coverage is identified and 72.1 enforced by the child support enforcement program whenthe72.2obligor is undera court order to provide dependent health 72.3insurancecoverage is in effect. 72.4 (c) Bonus incentive funds under this section must be 72.5 reinvested in the county child support enforcement program and a 72.6 county may not reduce funding of the child support enforcement 72.7 program by the amount of the bonus earned. 72.8 Subd. 2. [DEFINITIONS.] For the purpose of this section, 72.9 the following definitions apply. 72.10 (a) "Case" means a family unitthat is receiving medical72.11assistance under section 256B.055 andfor whom the county agency 72.12 is providing child support enforcement services. 72.13 (b) "Commissioner" means the commissioner of the department 72.14 of human services. 72.15 (c) "County agency" means the county child support 72.16 enforcement agency. 72.17 (d) "Coverage" means initial dependent health insurance 72.18 benefits for a case orindividual memberchild of a case, or 72.19 medical assistance under section 256B.055 and MinnesotaCare 72.20 under section 256L.07. 72.21 (e) "Enforce" or "enforcement" means obtaining proof of 72.22 current or future dependent healthinsurancecoverage through an 72.23 overt act by the county agency. 72.24 (f) "Enforceable order" means a child support court order 72.25 containing the statutory language in section518.171517C.15 or 72.26 other language orderingan obligora parent to provide dependent 72.27 healthinsurancecoverage. 72.28 (g) "Identify" or "identification" means obtaining proof of 72.29 dependent healthinsurancecoverage through an overt act by the 72.30 county agency. 72.31 Subd. 3. [ELIGIBILITY; REPORTING REQUIREMENTS.] (a) In 72.32 order for a county to be eligible to claim a bonus incentive 72.33 payment, the county agency must provide the required information 72.34 for eachpublic assistancecase no later than June 30 of each 72.35 year to determine eligibility. The public authority shall use 72.36 the information to establish for each county the number of cases 73.1 in which (1) the court has established an obligation for 73.2 coverageby the obligor, and (2) coverage was in effect as of 73.3 June 30. 73.4 (b) A county that fails to provide the required information 73.5 by June 30 of each fiscal year is not eligible for any bonus 73.6 payments under this section for that fiscal year. 73.7 Subd. 4. [RATE OF BONUS INCENTIVE.] The rate of the bonus 73.8 incentive shall be determined according to paragraph (a). 73.9 (a) When a county agency has identified or enforced 73.10 coverage, the county shall receive $50 for eachadditional73.11personchild for whom coverage is identified or enforced. 73.12 (b) Bonus payments according to paragraph (a) are limited 73.13 to one bonus for eachcovered personchild each time the county 73.14 agency identifies or enforces previously unidentified 73.15 healthinsurancecoverage and apply only to coverage identified 73.16 or enforced after July 1, 1990. 73.17 Subd. 5. [CLAIMS FOR BONUS INCENTIVE.] (a) Beginning July 73.18 1, 1990, county agencies shall file a claim for a medical 73.19 support bonus payment by reporting to the commissioner the 73.20 following information for each case where dependent health 73.21insurancecoverage is identified or enforced as a result of an 73.22 overt act of the county agency: 73.23 (1) child support enforcement system case number or county 73.24 specific case number; 73.25 (2) names and dates of birth for eachpersonchild covered; 73.26 and 73.27 (3) the effective date of coverage. 73.28 (b) The report must be made upon enrollment in coverage but 73.29 no later than September 30 for coverage identified or 73.30 established during the preceding fiscal year. 73.31 (c) The county agency making the initial contact resulting 73.32 in the establishment of coverage is the county agency entitled 73.33 to claim the bonus incentive even if the case is transferred to 73.34 another county agency prior to the time coverage is established. 73.35 (d) Disputed claims must be submitted to the commissioner 73.36 and the commissioner's decision is final. 74.1 Subd. 6. [DISTRIBUTION.] (a) Bonus incentives must be 74.2 issued to the county agency quarterly, within 45 days after the 74.3 last day of each quarter for which a bonus incentive is being 74.4 claimed, and must be paid up to the limit of the appropriation 74.5 in the order in which claims are received. 74.6 (b) Total bonus incentives must be computed by multiplying 74.7 the number ofpersonschildren included in claims submitted in 74.8 accordance with this section by the applicable bonus payment as 74.9 determined in subdivision 4. 74.10 (c) The county agency must repay any bonus erroneously 74.11 issued. 74.12 (d) A county agency must maintain a record of bonus 74.13 incentives claimed and received for each quarter. 74.14 Sec. 2. [517C.01] [TITLE.] 74.15 This chapter may be cited as the "Minnesota Child Support 74.16 Act." 74.17 Sec. 3. [517C.02] [DEFINITIONS.] 74.18 Subdivision 1. [SCOPE.] The definitions in this section 74.19 apply to this chapter. 74.20 Subd. 2. [ARREARS.] "Arrears" means amounts owed under a 74.21 support order that are past due. It includes child support, 74.22 pregnancy and confinement expenses, attorney fees, and any other 74.23 obligations addressed in a support order. 74.24 Subd. 3. [BUSINESS DAY.] "Business day" means a day on 74.25 which state offices are open for regular business. 74.26 Subd. 4. [CHILD.] "Child" means an individual under 18 74.27 years of age, an individual under age 20 who is still attending 74.28 secondary school, or an individual who, by reason of physical or 74.29 mental condition, is incapable of self-support. 74.30 Subd. 5. [CHILD SUPPORT.] "Child support" means: 74.31 (1) an award in a dissolution, legal separation, annulment, 74.32 or parentage proceeding for the care, support, and education of 74.33 a child of the marriage or of the parties to the proceeding; 74.34 (2) a contribution by parents ordered under section 256.87; 74.35 or 74.36 (3) support ordered under chapter 518B or 518C. 75.1 Subd. 6. [DEPOSIT ACCOUNT.] "Deposit account" means funds 75.2 deposited with a financial institution in the form of a savings 75.3 account, checking account, NOW account, or demand deposit 75.4 account. 75.5 Subd. 7. [FINANCIAL INSTITUTION.] "Financial institution" 75.6 means a savings association, bank, trust company, credit union, 75.7 industrial loan and thrift company, bank and trust company, or 75.8 savings association, and includes a branch or detached facility 75.9 of a financial institution. 75.10 Subd. 8. [OBLIGEE.] "Obligee" means a person to whom 75.11 payments for child support are owed. 75.12 Subd. 9. [OBLIGOR.] "Obligor" means a person obligated to 75.13 pay child support. A person who is designated as the sole 75.14 physical custodian of a child is presumed not to be an obligor 75.15 for purposes of calculating current support unless the court 75.16 makes specific written findings to overcome this presumption. 75.17 Subd. 10. [PAYMENT.] "Payment" means the payment of child 75.18 support, child care support, medical support, and related 75.19 payments required by order of a tribunal, voluntary support, or 75.20 statutory fees. 75.21 Subd. 11. [PAYOR OF FUNDS.] "Payor of funds" means a 75.22 person or entity that provides funds to an obligor, including an 75.23 employer as defined under chapter 24 of the Internal Revenue 75.24 Code, section 3401(d), an independent contractor, payor of 75.25 workers' compensation benefits or reemployment compensation, or 75.26 a financial institution as defined in section 13B.06. 75.27 Subd. 12. [PUBLIC AUTHORITY.] "Public authority" means the 75.28 local unit of government, acting on behalf of the state, that is 75.29 responsible for child support enforcement or the child support 75.30 enforcement division of the department of human services. 75.31 Subd. 13. [SUBSEQUENT CHILD.] "Subsequent child" means a 75.32 child born after the child who is the subject of the child 75.33 support proceeding. 75.34 Subd. 14. [SUPPORT ORDER.] (a) "Support order" means a 75.35 judgment, decree, or order, whether temporary, final, or subject 75.36 to modification, issued by a court or administrative agency of 76.1 competent jurisdiction that: 76.2 (1) provides for the support of a child, including a child 76.3 who has attained the age of majority under the law of the 76.4 issuing state; 76.5 (2) provides for monetary support, child care, medical 76.6 support including expenses for confinement and pregnancy, 76.7 arrears, or reimbursement; and 76.8 (3) may include related costs and fees, interest and 76.9 penalties, income withholding, and other relief. 76.10 (b) The definition in paragraph (a) applies to orders 76.11 issued under this chapter and chapters 256, 257, 518B, and 518C. 76.12 Subd. 15. [TRIBUNAL.] "Tribunal" has the meaning given in 76.13 section 518C.101. 76.14 Sec. 4. [517C.03] [PROCEDURAL RULES.] 76.15 The supreme court may promulgate rules to be used in child 76.16 support cases. 76.17 Sec. 5. [517C.04] [CHILD SUPPORT ORDERS.] 76.18 Subdivision 1. [ORDER.] (a) Upon dissolution of marriage, 76.19 legal separation, annulment, establishment of paternity, or when 76.20 otherwise required by statute, the court must order child 76.21 support as provided by this chapter. 76.22 (b) Nothing contained in this chapter limits the power of 76.23 the court to make appropriate, adequate orders for the support 76.24 and education of a child of the parties to a dissolution, legal 76.25 separation, or annulment action if the dissolution, legal 76.26 separation, or annulment is denied. 76.27 Subd. 2. [PROVISIONS.] Child support orders must provide 76.28 for general child rearing costs, or basic needs, and must also 76.29 specifically address medical care and child care costs, 76.30 providing for those costs pursuant to this chapter. 76.31 Subd. 3. [AGREEMENTS.] If the parties stipulate or agree 76.32 to a child support order, the court must review the agreement to 76.33 ensure it serves the best interests of the child. The supreme 76.34 court may promulgate rules regarding the review of stipulations 76.35 and agreements. The court may refuse to accept or may alter an 76.36 agreement that does not conform with the requirements of this 77.1 chapter or that is otherwise not in the best interests of the 77.2 child. 77.3 Subd. 4. [PREFERENCE FOR SPECIFIC DOLLAR AMOUNT.] (a) 77.4 There is a presumption in favor of ordering child support in a 77.5 specific dollar amount, as opposed to a percentage of income. 77.6 (b) The court may order an obligor to pay child support in 77.7 the form of a percentage share of the obligor's net bonuses, 77.8 commissions, or other forms of compensation, in addition to, or 77.9 if the obligor receives no base pay, in lieu of an order for a 77.10 specific dollar amount. 77.11 Subd. 5. [PREFERENCE FOR MONTHLY PAYMENT.] There is a 77.12 presumption in favor of ordering child support in an amount that 77.13 reflects an obligor's monthly obligation. 77.14 Subd. 6. [PREFERENCE FOR STATIC PAYMENT.] (a) There is a 77.15 presumption in favor of ordering child support so that an 77.16 obligor makes the same monthly payments throughout the year, as 77.17 opposed to payment amounts that fluctuate by season or month. 77.18 If the obligor is seasonally employed, it is generally the 77.19 responsibility of the obligor to budget income accordingly. 77.20 Subd. 7. [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) 77.21 Upon the motion of an obligor, a court may order an obligee to 77.22 account for the use or disposition of child support received. 77.23 The motion must assert the specific allegations of abuse or 77.24 misapplication of child support received and that a child's 77.25 needs are not being met. If the court orders a hearing, the 77.26 court may order an accounting only if the obligor establishes 77.27 the specific allegations of abuse or misapplication of child 77.28 support received and that the child's needs are not being met. 77.29 (b) If the court orders an accounting under paragraph (a), 77.30 the obligee must provide documentation that breaks down monthly 77.31 expenditures of child support received into the following 77.32 categories: 77.33 (1) housing and utilities; 77.34 (2) food; 77.35 (3) transportation; 77.36 (4) clothing; 78.1 (5) health care; 78.2 (6) child care and education; and 78.3 (7) miscellaneous. 78.4 An obligee may account for expenditures on housing, utilities, 78.5 food, and transportation that are attributable to multiple 78.6 household members on a per capita basis. 78.7 (c) If the court finds that an obligee does not make the 78.8 accounting required under paragraph (b) or the obligee does not 78.9 spend the entire child support payment on behalf of the child, 78.10 the court may: 78.11 (1) hold the obligee in contempt of court; 78.12 (2) reduce or eliminate the obligor's child support 78.13 obligation; 78.14 (3) order the obligee to make future expenditures on behalf 78.15 of the child, whether in whole or in part, in a manner that 78.16 documents the transaction; or 78.17 (4) make any other appropriate order to ensure that the 78.18 needs of the child are met. 78.19 (d) If the court determines that an obligor's motion under 78.20 this section is brought in bad faith, the court may award 78.21 reasonable attorney fees to the obligee. 78.22 Subd. 8. [DEPARTURE.] The court may depart from a 78.23 presumption in subdivision 4, 5, or 6 if: 78.24 (1) all parties agree; or 78.25 (2) the presumption would impose an extreme hardship on the 78.26 obligor and would not be in the best interests of the child. 78.27 Subd. 9. [CHILD SUPPORT TO BE DISTINGUISHED FROM 78.28 MAINTENANCE.] In a judgment of dissolution or legal separation, 78.29 the court must clearly distinguish between payments ordered for 78.30 maintenance and payments ordered for child support. An award of 78.31 payments from future income or earnings of the parent with whom 78.32 the child resides is presumed to be maintenance and an award of 78.33 payments from the future income or earnings of the other parent 78.34 is presumed to be child support, unless otherwise designated by 78.35 the court. 78.36 Subd. 10. [OTHER CUSTODIANS.] If a child resides with a 79.1 person other than a parent and the court approves of the custody 79.2 arrangement, the court may order child support payments to be 79.3 made to the custodian regardless of whether the person has legal 79.4 custody. 79.5 Subd. 11. [EITHER PARENT LIABLE; MARITAL MISCONDUCT 79.6 IRRELEVANT.] The court may order either or both parents owing a 79.7 duty of support to a child to pay an amount reasonable or 79.8 necessary for the child's support, without regard to marital 79.9 misconduct. 79.10 Sec. 6. [517C.05] [TEMPORARY ORDERS.] 79.11 Subdivision 1. [MOTION; SCOPE.] In a child support 79.12 proceeding a party may, by motion, request that the court grant 79.13 a temporary order pending the final disposition of the 79.14 proceeding for temporary child support, costs, and reasonable 79.15 attorney fees. Additionally, to facilitate the just and speedy 79.16 disposition of the proceeding, the court may require a party to 79.17 perform or refrain from performing additional acts. 79.18 Subd. 2. [DURATION.] A temporary order continues in full 79.19 force and effect until: 79.20 (1) it is amended; 79.21 (2) it is vacated; 79.22 (3) the main action is dismissed; or 79.23 (4) a final decree of dissolution, legal separation, or 79.24 other final order is entered. 79.25 Subd. 3. [FACTORS.] The court must consider the factors 79.26 set forth in this chapter in making temporary orders. 79.27 Subd. 4. [EVIDENCE.] Temporary orders must be made solely 79.28 on the basis of affidavits and argument of counsel unless: 79.29 (1) a party makes a timely motion or responsive motion to 79.30 hear the matter on oral testimony before the court; or 79.31 (2) the court in its discretion orders the taking of oral 79.32 testimony. 79.33 Subd. 5. [LIMITED EFFECT.] A temporary order does not 79.34 prejudice the rights of the parties or the child that are to be 79.35 adjudicated at subsequent hearings in the proceeding. 79.36 Subd. 6. [MODIFICATION.] A temporary order may be revoked 80.1 or modified by the court before the final disposition of the 80.2 proceeding upon the same grounds and subject to the same 80.3 requirements as the initial granting of the order. 80.4 Sec. 7. [517C.06] [DETERMINATION OF CONTROLLING ORDER.] 80.5 The public authority or a party may request the court to 80.6 determine a controlling order when more than one order involving 80.7 the same obligor and child exists. 80.8 Sec. 8. [517C.07] [ATTORNEY FEES; COSTS AND 80.9 DISBURSEMENTS.] 80.10 Subdivision 1. [GENERAL.] (a) Except as provided in 80.11 section 517C.83, in a proceeding under this chapter, the court 80.12 must award attorney fees, costs, and disbursements in an amount 80.13 necessary to enable a party to carry on or contest the 80.14 proceeding if: 80.15 (1) the fees are necessary for the good-faith assertion of 80.16 the party's rights in the proceeding and will not contribute 80.17 unnecessarily to the length and expense of the proceeding; 80.18 (2) the party from whom fees, costs, and disbursements are 80.19 sought has the means to pay them; and 80.20 (3) the party to whom fees, costs, and disbursements are 80.21 awarded does not have the means to pay them. 80.22 (b) Fees, costs, and disbursements may be awarded at any 80.23 point during or after a proceeding under this chapter. 80.24 (c) The court may assess costs and disbursements against 80.25 either party. 80.26 Subd. 2. [UNREASONABLE ACTIONS.] The court may, in its 80.27 discretion, assess additional fees, costs, and disbursements 80.28 against a party who unreasonably contributes to the length or 80.29 expense of the proceeding. 80.30 Subd. 3. [COLLECTION.] The court may authorize the 80.31 collection of money awarded by execution, or out of property 80.32 sequestered, or in any other manner within the power of the 80.33 court. An award of attorney fees survives the proceeding. If 80.34 the award is not paid by the party directed to pay it, the award 80.35 may be enforced as provided by this subdivision or by a separate 80.36 civil action brought in the attorney's own name. 81.1 Sec. 9. [517C.10] [EXCHANGE OF INFORMATION.] 81.2 Subdivision 1. [DOCUMENTATION.] The parties must timely 81.3 serve and file documentation of earnings and income. 81.4 Documentation of earnings and income includes, but is not 81.5 limited to, pay stubs for the most recent three months, employer 81.6 statements, or statement of receipts and expenses if 81.7 self-employed. Documentation of earnings and income also 81.8 includes copies of each parent's most recent federal tax 81.9 returns, W-2 forms, 1099 forms, reemployment compensation 81.10 statements, workers' compensation statements, and all other 81.11 documents evidencing the receipt of income that provide 81.12 verification of income over a longer period. 81.13 Subd. 2. [ANNUAL EXCHANGE OF TAX RETURNS.] An obligor and 81.14 obligee must annually provide all other parties with a copy of 81.15 his or her federal tax return filed with the Internal Revenue 81.16 Service. 81.17 Subd. 3. [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] An 81.18 obligor must notify other parties of a change of address or 81.19 residence within 60 days of the address or residence change. 81.20 Subd. 4. [NOTICE TO PUBLIC AUTHORITY; PUBLIC ASSISTANCE.] 81.21 The petitioner must notify the public authority of all 81.22 proceedings for dissolution, legal separation, determination of 81.23 parentage, or for the custody of a child, if either party is 81.24 receiving public assistance or applies for it subsequent to the 81.25 commencement of the proceeding. The notice must contain the 81.26 full names of the parties to the proceeding, their social 81.27 security account numbers, and their birth dates. 81.28 Subd. 5. [FAILURE OF NOTICE.] If the court in a 81.29 dissolution, legal separation, or determination of parentage 81.30 proceeding, finds before issuing the order for judgment and 81.31 decree, that notification has not been given to the public 81.32 authority, the court must set child support according to the 81.33 guidelines in this chapter. In those proceedings in which no 81.34 notification has been made pursuant to this section and in which 81.35 the public authority determines that the judgment is lower than 81.36 the child support required by the guidelines in this chapter, it 82.1 must move the court for a redetermination of the support 82.2 payments ordered so that the support payments comply with the 82.3 guidelines. 82.4 Sec. 10. [517C.11] [PRIVACY PROTECTION; PERSONAL 82.5 PROTECTION.] 82.6 Subdivision 1. [SOCIAL SECURITY NUMBERS; TAX RETURNS.] The 82.7 social security numbers and tax returns required under this 82.8 chapter are not accessible to the public, except that they must 82.9 be disclosed to the other parties to a proceeding as provided in 82.10 section 517C.10. 82.11 Subd. 2. [MODIFICATION OF CERTAIN REQUIREMENTS.] The court 82.12 may modify or limit the information exchange requirements of 82.13 this chapter by order if necessary to protect a party from 82.14 contact by another party. 82.15 Subd. 3. [ACCESS TO ADDRESS FOR SERVICE OF PROCESS.] (a) 82.16 If the public authority is a party or is providing services in a 82.17 support case, a party may obtain an ex parte order under this 82.18 subdivision. The party may obtain an ex parte order requiring 82.19 the public authority to serve legal documents on the other party 82.20 by mail if the party submits a sworn affidavit to the court 82.21 stating that: 82.22 (1) the party needs to serve legal process in a support 82.23 proceeding and does not have access to the address of the other 82.24 party; 82.25 (2) the party has made reasonable efforts to locate the 82.26 other party; and 82.27 (3) the other party is not represented by counsel. 82.28 (b) The public authority must serve legal documents 82.29 provided by the moving party at the last known address of the 82.30 other party upon receipt of a court order under paragraph (a). 82.31 The public authority must provide for appropriate service and 82.32 must certify to all parties the date of service by mail. The 82.33 public authority's proof of service must not include the place 82.34 or address of service. 82.35 (c) The state court administrator must prepare and make 82.36 available forms for use in seeking access to an address under 83.1 this subdivision. 83.2 Sec. 11. [517C.12] [INCOME.] 83.3 Subdivision 1. [DEFINITION.] For purposes of calculating 83.4 child support under this chapter, "income" means gross income. 83.5 Subd. 2. [SOURCES.] For purposes of this chapter, income 83.6 includes any form of periodic payment to an individual 83.7 including, but not limited to: 83.8 (1) wages; 83.9 (2) salaries; 83.10 (3) payments to an independent contractor; 83.11 (4) workers' compensation; 83.12 (5) reemployment compensation; 83.13 (6) annuity; 83.14 (7) military and naval retirement; 83.15 (8) pension and disability payments; and 83.16 (9) in-kind payments received by the obligor in the course 83.17 of employment, self-employment, or operation of a business if 83.18 the payments reduce the obligor's living expenses. 83.19 Subd. 3. [COMMISSIONS; BONUSES.] If the court finds that a 83.20 party's commissions or bonuses are reliable and predictable, the 83.21 court may include them in income calculations. 83.22 Subd. 4. [SELF-EMPLOYMENT; INDEPENDENT CONTRACTORS.] (a) 83.23 Income from self-employment is equal to gross receipts minus 83.24 ordinary and necessary expenses. Ordinary and necessary 83.25 expenses do not necessarily include amounts allowed by the 83.26 Internal Revenue Service for accelerated depreciation expenses 83.27 or investment tax credits or any other business expenses 83.28 determined by the court to be inappropriate for determining 83.29 income for purposes of child support. The person seeking to 83.30 deduct an expense, including depreciation, has the burden of 83.31 proving, if challenged, that the expense is ordinary and 83.32 necessary. Income calculated under this section may be 83.33 different from taxable income. 83.34 Subd. 5. [PUBLIC ASSISTANCE EXCLUSIONS.] Benefits received 83.35 under Title IV-A of the Social Security Act and chapter 256J are 83.36 not income under this section. 84.1 Subd. 6. [OVERTIME.] (a) Income does not include 84.2 compensation received by a party for employment in excess of a 84.3 40-hour work week if: 84.4 (1) the excess employment is not within the normal range of 84.5 hours worked, given the party's employment history; 84.6 (2) the excess employment is voluntary and not a condition 84.7 of employment; 84.8 (3) the excess employment is in the nature of additional, 84.9 part-time or overtime employment compensable by the hour or 84.10 fraction of an hour; and 84.11 (4) the party's compensation structure has not been changed 84.12 for the purpose of affecting a child support obligation. 84.13 (b) The court may presume that a party with seasonal or 84.14 intermittent income who works periods in excess of a 40-hour 84.15 work week, but who works a substantially normal number of hours 84.16 over the course of a year, is working within the normal range of 84.17 hours worked. 84.18 Subd. 7. [INCOME OF A SPOUSE OR OTHER HOUSEHOLD 84.19 MEMBER.] (a) Income must not include the income of a party's 84.20 spouse or other household member. The court must not consider 84.21 the income or resources provided by a spouse or other household 84.22 member when determining all the earnings, income, and resources 84.23 of a parent under section 517C.17. 84.24 (b) Notwithstanding paragraph (a), the court may issue an 84.25 order permitting discovery of a spouse or other household 84.26 member's income information if there is probable cause to 84.27 believe the spouse or other household member is being used to 84.28 shelter income from a party. If the court finds that income was 84.29 improperly or unfairly sheltered, it may impute income to the 84.30 party or otherwise adjust the support amount in a just and 84.31 proper manner. However, the court may not under any 84.32 circumstances consider income or resources properly attributable 84.33 to a spouse or other household member when setting support. 84.34 Subd. 8. [PRIOR ORDERS BEING PAID.] A child support or 84.35 maintenance order that is currently being paid must be deducted 84.36 from income. 85.1 Sec. 12. [517C.13] [IMPUTED INCOME.] 85.2 Subdivision 1. [NONAPPEARANCE OF A PARTY.] If a parent 85.3 under the jurisdiction of the court does not appear at a court 85.4 hearing after proper notice of the time and place of the 85.5 hearing, the court must set income for that parent based on 85.6 credible evidence before the court or in accordance with 85.7 subdivision 3. Credible evidence may include documentation of 85.8 current or recent income, testimony of the other parent 85.9 concerning recent earnings and income levels, and the parent's 85.10 wage reports filed with the Minnesota department of economic 85.11 security under section 268.044. 85.12 Subd. 2. [VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT.] (a) 85.13 The principles of income imputation apply equally to obligors 85.14 and obligees. 85.15 (b) If the court finds that a parent is voluntarily 85.16 unemployed or underemployed or was voluntarily unemployed or 85.17 underemployed during the period for which past support is being 85.18 sought, support must be calculated based on a determination of 85.19 imputed income. 85.20 (c) A parent is not considered voluntarily unemployed or 85.21 underemployed upon a showing by the parent that: 85.22 (1) the unemployment or underemployment is temporary and 85.23 will ultimately lead to an increase in income; 85.24 (2) the unemployment or underemployment represents a bona 85.25 fide career change that outweighs the adverse effect of that 85.26 parent's diminished income on the child; 85.27 (3) the parent is a recipient of public assistance under 85.28 section 256.741; or 85.29 (4) the parent is physically or mentally incapacitated. 85.30 (d) Imputed income means the estimated earning ability of a 85.31 parent based on the parent's prior earnings history, education, 85.32 and job skills, and on availability of jobs within the community 85.33 for an individual with the parent's qualifications. 85.34 Subd. 3. [INSUFFICIENT INFORMATION.] If there is 85.35 insufficient information to determine actual income or to impute 85.36 income pursuant to subdivision 1 or 2, the court may calculate 86.1 support based on full-time employment of 40 hours per week at 86.2 150 percent of the federal minimum wage or the Minnesota minimum 86.3 wage, whichever is higher. 86.4 Sec. 13. [517C.14] [PRESUMPTIVE CHILD SUPPORT ORDER; 86.5 GENERAL.] 86.6 Subdivision 1. [REBUTTABLE PRESUMPTION.] The guidelines in 86.7 sections 517C.12 to 517C.16 are a rebuttable presumption and 86.8 must be used in all cases when establishing or modifying child 86.9 support. 86.10 Subd. 2. [SUBSTANTIAL UNFAIRNESS; MINIMUM SUPPORT 86.11 AMOUNT.] (a) If the presumptive support amount derived from the 86.12 child support worksheet leaves the obligor with income less than 86.13 150 percent of the federal poverty guidelines, the worksheet 86.14 does not apply and the court must order support in a fair and 86.15 equitable amount that leaves both parties in a substantially 86.16 similar situation in relation to the federal poverty guidelines 86.17 considering: 86.18 (1) the factors outlined in section 517C.17; 86.19 (2) tax credits and deductions available to either party; 86.20 and 86.21 (3) receipt of public assistance by either party. 86.22 (b) In any event, the court must order support in an amount 86.23 not less than $50 per child per month unless the court finds 86.24 that the obligor completely lacks an ability to pay due to a 86.25 circumstance such as a permanent and total disability or 86.26 incarceration without work release privileges. 86.27 (c) For purposes of this section, when determining income 86.28 relative to the federal poverty guidelines, only children common 86.29 to the obligor and obligee are included in the household. 86.30 Subd. 3. [CHILD SUPPORT CAP.] (a) Except as provided under 86.31 paragraph (b), a monthly basic needs obligation in a child 86.32 support order must not exceed: 86.33 (1) $1,500 for one child; 86.34 (2) $2,400 for two children; 86.35 (3) $2,800 for three children; or 86.36 (4) $2,800 plus $300 for each additional child over three 87.1 children. 87.2 (b) A court may order a basic needs obligation in a child 87.3 support order in an amount that exceeds the limit in paragraph 87.4 (a) if it finds that a child has a disability or other 87.5 substantial, demonstrated need for the additional support and 87.6 that the additional support will directly benefit the child. 87.7 (c) The dollar amounts in paragraph (a) must be adjusted on 87.8 July 1 of every even-numbered year to reflect cost-of-living 87.9 changes. The supreme court must select the index for the 87.10 adjustment from the indices listed in section 517C.31. The 87.11 state court administrator must make the changes in the dollar 87.12 amounts required by this paragraph available to courts and the 87.13 public on or before April 30 of the year in which the amount is 87.14 to change. 87.15 Subd. 4. [CHILD CARE COSTS.] (a) The court must require 87.16 verification of employment or school attendance and 87.17 documentation of child care expenses from the obligee and the 87.18 public authority, if applicable. 87.19 (b) If child care expenses fluctuate during the year 87.20 because of seasonal employment or school attendance of the 87.21 obligee or extended periods of parenting time with the obligor, 87.22 the court must determine child care expenses based on an average 87.23 monthly cost. 87.24 (c) The amount allocated for child care expenses is 87.25 considered child support but is not subject to a cost-of-living 87.26 adjustment under section 517C.31. 87.27 (d) The amount allocated for child care expenses terminates 87.28 when either party notifies the public authority that the child 87.29 care costs have ended and without any legal action on the part 87.30 of either party. The public authority must verify the 87.31 information received under this paragraph before authorizing 87.32 termination. The termination is effective as of the date of the 87.33 notification. In other cases where there is a substantial 87.34 increase or decrease in child care expenses, the parties may 87.35 modify the order under section 517C.31. 87.36 (e) The court may allow the parent with whom the child does 88.1 not reside to care for the child while the parent with whom the 88.2 child resides is working, as provided in section 517B.27, 88.3 subdivision 8. Allowing the parent with whom the child does not 88.4 reside to care for the child under section 517B.27, subdivision 88.5 8, is not a reason to deviate from the guidelines. 88.6 Subd. 5. [PARENTING TIME ADJUSTMENTS.] (a) For the purpose 88.7 of applying the proper parenting time adjustment on line 5 of 88.8 the presumptive support worksheet, the following principles 88.9 apply: 88.10 (1) the label given to a custody arrangement is not 88.11 determinative of the applicable adjustment; 88.12 (2) the actual division of parenting time controls; and 88.13 (3) an overnight stay presumptively constitutes a day of 88.14 caregiving. 88.15 (b) A parenting time division approximates joint physical 88.16 custody if each parent provides, or is responsible for 88.17 providing, care at least 45 percent of the days in a year. 88.18 (c) If each parent provides, or is responsible for 88.19 providing, care at least 45 percent of the days in a year, the 88.20 obligor's basic needs obligation on line 5 of the presumptive 88.21 child support worksheet under section 517C.16, is 50 percent of 88.22 the difference between the obligor's and obligee's basic needs 88.23 obligations. The court must make specific written findings in 88.24 support of a parenting time adjustment. 88.25 Subd. 6. [CHILD'S INSURANCE BENEFIT.] In establishing or 88.26 modifying child support, if a child receives a child's insurance 88.27 benefit under United States Code, title 42, section 402, because 88.28 the obligor is entitled to old age or disability insurance 88.29 benefits, the amount of support ordered must be offset by the 88.30 amount of the child's benefit. The court must make findings 88.31 regarding the obligor's income from all sources, the child 88.32 support amount calculated under this chapter, the amount of the 88.33 child's benefit, and the obligor's child support obligation. A 88.34 benefit received by the child in a given month in excess of the 88.35 child support obligation must not be treated as a payment of 88.36 arrears or a future payment. 89.1 Subd. 7. [MORE THAN SIX CHILDREN.] If a child support 89.2 proceeding involves more than six children, the court may derive 89.3 a support order without specifically following the guidelines. 89.4 However, the court must consider the basic principles 89.5 encompassed by the guidelines and must consider the needs, 89.6 resources, and circumstances of both parties. 89.7 Sec. 14. [517C.15] [MEDICAL SUPPORT.] 89.8 Subdivision 1. [DEFINITIONS.] The definitions in this 89.9 subdivision apply to this chapter. 89.10 (a) "Health care coverage" means health care benefits that 89.11 are provided by a health plan. Health care coverage does not 89.12 include any form of medical assistance under chapter 256B or 89.13 MinnesotaCare under chapter 256L. 89.14 (b) "Health carrier" means a carrier as defined in sections 89.15 62A.011, subdivision 2, and 62L.02, subdivision 16. 89.16 (c) "Health plan" means a plan meeting the definition under 89.17 section 62A.011, subdivision 3, or a policy, contract, or 89.18 certificate issued by a community integrated service network 89.19 licensed under chapter 62N, and includes plans: (1) provided on 89.20 an individual and group basis, (2) provided by an employer or 89.21 union, (3) purchased in the private market, (4) available to a 89.22 person eligible to carry insurance for the child, and (5) 89.23 provided through a health plan governed under the federal 89.24 Employee Retirement Income Security Act of 1974 (ERISA), United 89.25 States Code, title 29, section 1169(a). "Health plan" includes 89.26 a plan providing for dependent-only, dental, or vision coverage 89.27 and a plan provided through a party's spouse or parent. 89.28 (d) "Medical support" means providing health care coverage 89.29 for a child by carrying health care coverage for the child or by 89.30 contributing to the cost of health care coverage, public 89.31 coverage, unreimbursed medical expenses, and uninsured medical 89.32 expenses of the child. 89.33 (e) "National medical support notice" is an administrative 89.34 notice issued by the public authority to enforce medical support 89.35 provisions of a support order in accordance with Code of Federal 89.36 Regulations, title 45, section 303.32. 90.1 (f) "Public coverage" means health care benefits provided 90.2 by any form of medical assistance under chapter 256B or 90.3 MinnesotaCare under chapter 256L. 90.4 (g) "Uninsured medical expenses" means a child's reasonable 90.5 and necessary health-related expenses if the child is not 90.6 covered by a health plan or public coverage when the expenses 90.7 are incurred. 90.8 (h) "Unreimbursed medical expenses" means a child's 90.9 reasonable and necessary health-related expenses if a child is 90.10 covered by a health plan or public coverage and the plan or 90.11 coverage does not pay for the total cost of the expenses when 90.12 the expenses are incurred. Unreimbursed medical expenses do not 90.13 include the cost of premiums. Unreimbursed medical expenses 90.14 include, but are not limited to, deductibles, co-payments, and 90.15 expenses for orthodontia, prescription eye glasses and contact 90.16 lenses, and over-the-counter medicine. 90.17 Subd. 2. [ORDER.] (a) A completed national medical support 90.18 notice issued by the public authority or a court order that 90.19 complies with this section is a qualified medical child support 90.20 order under the federal Employee Retirement Income Security Act 90.21 of 1974 (ERISA), United States Code, title 29, section 1169(a). 90.22 (b) Every order addressing child support must state: 90.23 (1) the names, last known addresses, and social security 90.24 numbers of the parents and the child that is a subject of the 90.25 order unless the court prohibits the inclusion of an address or 90.26 social security number and orders the parent to provide the 90.27 address and social security number to the administrator of the 90.28 health plan; 90.29 (2) whether appropriate health care coverage for the child 90.30 is available and, if so, state: 90.31 (i) which party must carry health care coverage; 90.32 (ii) the cost of premiums and how the cost is allocated 90.33 between the parties; 90.34 (iii) how unreimbursed expenses will be allocated and 90.35 collected by the parties; and 90.36 (iv) the circumstances, if any, under which the obligation 91.1 to provide health care coverage for the child will shift from 91.2 one party to the other; and 91.3 (3) if appropriate health care coverage is not available 91.4 for the child, whether a contribution for medical support is 91.5 required. 91.6 (c) The amount ordered for medical support is subject to a 91.7 cost-of-living adjustment under section 517C.31. 91.8 Subd. 3. [DETERMINATION OF APPROPRIATE COVERAGE.] (a) In 91.9 determining whether a party has appropriate health care coverage 91.10 for the child, the court must evaluate the health plan using the 91.11 following factors: 91.12 (1) accessible coverage. Dependent health care coverage is 91.13 accessible if the covered child can obtain services from a 91.14 health plan provider with reasonable effort by the parent with 91.15 whom the child resides. Health care coverage is presumed 91.16 accessible if: 91.17 (i) primary care coverage is available within 30 minutes or 91.18 30 miles of the child's residence and specialty care coverage is 91.19 available within 60 minutes or 60 miles of the child's 91.20 residence; 91.21 (ii) the coverage is available through an employer and the 91.22 employee can be expected to remain employed for a reasonable 91.23 amount of time; and 91.24 (iii) no preexisting conditions exist to delay coverage 91.25 unduly; 91.26 (2) comprehensive coverage. Dependent health care coverage 91.27 is comprehensive if it includes, at a minimum, medical and 91.28 hospital coverage and provides for preventive, emergency, acute, 91.29 and chronic care. If both parties have health care coverage 91.30 that meets the minimum requirements, the court must determine 91.31 which health care coverage is more comprehensive by considering 91.32 whether the coverage includes: 91.33 (i) basic dental coverage; 91.34 (ii) orthodontics; 91.35 (iii) eyeglasses; 91.36 (iv) contact lenses; 92.1 (v) mental health services; or 92.2 (vi) substance abuse treatment; 92.3 (3) affordable coverage. Dependent health care coverage is 92.4 affordable if a party's gross income is 150 percent of the 92.5 federal poverty guidelines or more and the party's contribution 92.6 to the health care coverage premium does not exceed five percent 92.7 of the party's gross income. If a party's gross income is less 92.8 than 150 percent of the federal poverty guidelines, it is 92.9 presumed that the party is unable to contribute to the cost of 92.10 health care coverage unless health care is available at no or 92.11 low cost to that party; and 92.12 (4) the child's special medical needs, if any. 92.13 (b) If both parties have health care coverage available for 92.14 a child, and the court determines under paragraph (a), clauses 92.15 (1) and (2), that the available coverage is comparable with 92.16 regard to accessibility and comprehensiveness, the least costly 92.17 health care coverage is the appropriate health care coverage for 92.18 the child. 92.19 Subd. 4. [COVERAGE.] (a) If a child is presently enrolled 92.20 in health care coverage, the court must order that the parent 92.21 who currently has the child enrolled continue that enrollment 92.22 unless the parties agree otherwise or a party requests a change 92.23 in coverage and the court determines that other health care 92.24 coverage is more appropriate. 92.25 (b) If a child is not presently enrolled in health care 92.26 coverage, upon motion of a party or the public authority, the 92.27 court must determine whether one or both parties have 92.28 appropriate health care coverage for the child and order the 92.29 party with appropriate health care coverage available to carry 92.30 the coverage for the child. 92.31 (c) If only one party has appropriate health care coverage 92.32 available, the court must order that party to carry the coverage 92.33 for the child. 92.34 (d) If both parties have appropriate health care coverage 92.35 available, the court must order the parent with whom the child 92.36 resides to carry the coverage for the child, unless: 93.1 (1) either party expresses a preference for coverage 93.2 available through the parent with whom the child does not 93.3 reside; 93.4 (2) the parent with whom the child does not reside is 93.5 already carrying dependent health care coverage for other 93.6 children and the cost of contributing to the premiums of the 93.7 other parent's coverage would cause the parent with whom the 93.8 child does not reside extreme hardship; or 93.9 (3) both parents agree to provide coverage and agree on the 93.10 allocation of costs. 93.11 If the exception in clause (1) or (2) applies, the court must 93.12 determine which party has the most appropriate coverage 93.13 available and order that party to carry coverage for the child. 93.14 If the court determines under subdivision 3, paragraph (a), 93.15 clauses (1) and (2), that the parties' health care coverage for 93.16 the child is comparable with regard to accessibility and 93.17 comprehensiveness, the court must order the party with the least 93.18 costly health care coverage to carry coverage for the child. 93.19 (e) If neither party has appropriate health care coverage 93.20 available, the court must order the parent with whom the child 93.21 does not reside to contribute toward the cost of public coverage 93.22 for the child or the child's uninsured medical expenses in an 93.23 amount equal to the lesser of: 93.24 (1) five percent of gross income; or 93.25 (2) the monthly amount the parent with whom the child does 93.26 not reside would pay for the child's premiums if the parent's 93.27 income meets the eligibility requirements for public coverage. 93.28 For purposes of determining the premium amount, a parent's 93.29 household size is equal to the parent plus the child who is the 93.30 subject of the child support order. The court may order the 93.31 parent with whom the child resides to apply for public coverage 93.32 for the child. 93.33 Subd. 5. [CALCULATING MEDICAL SUPPORT; UNREIMBURSED 93.34 MEDICAL EXPENSES.] (a) The court must calculate the cost of 93.35 medical support on line 7 of the presumptive child support 93.36 worksheet under section 517C.16. Unless otherwise agreed by the 94.1 parties and approved by the court, the court must order that the 94.2 cost of health care coverage be divided between the obligor and 94.3 obligee based on their proportionate share of the parties' 94.4 combined gross income. 94.5 (b) If a party's obligation for health care coverage 94.6 premiums is greater than five percent of the party's gross 94.7 income, the court may order the other party to contribute more 94.8 for the cost of the premiums, if doing so would not result in 94.9 extreme hardship to that party. If an additional contribution 94.10 causes a party extreme hardship, the court must order the 94.11 obligor to contribute the lesser of the two amounts under 94.12 subdivision 4, paragraph (e). 94.13 (c) The court must order that all unreimbursed medical 94.14 expenses be divided between the obligor and obligee based on 94.15 their proportionate share of the parties' combined gross income. 94.16 Subd. 6. [ALLOCATING MEDICAL SUPPORT COSTS.] (a) If the 94.17 party ordered to carry health care coverage for the child 94.18 already carries dependent health care coverage for other 94.19 dependents and would incur no additional premium costs to add 94.20 the child to the existing coverage, the court must not order the 94.21 other party to contribute to the premium costs for coverage of 94.22 the child. 94.23 (b) If a party ordered to carry health care coverage for 94.24 the child does not already carry dependent health care coverage 94.25 but has other dependents who may be added to the ordered 94.26 coverage, the full premium costs of the dependent health care 94.27 coverage must be allocated between the parties in proportion to 94.28 the party's share of the parties' combined income available for 94.29 child support, unless the parties agree otherwise. 94.30 (c) If a party ordered to carry health care coverage for 94.31 the child is required to enroll in a health plan so that the 94.32 child can be enrolled in dependent health care coverage under 94.33 the plan, the court must allocate the costs of the dependent 94.34 health care coverage between the parties. The costs of the 94.35 health care coverage for the party ordered to carry the coverage 94.36 for the child must not be allocated between the parties. 95.1 Subd. 7. [NOTICE TO EMPLOYER BY PUBLIC AUTHORITY OR 95.2 COURT.] (a) A copy of the national medical support notice or 95.3 court order for health care coverage must be forwarded by the 95.4 public authority to the employer within two business days after 95.5 the date an employee is entered into the work reporting system 95.6 under section 256.998. 95.7 (b) If a party is ordered to carry health care coverage for 95.8 the child and the public authority provides support enforcement 95.9 services, the public authority must forward a copy of the 95.10 national medical support notice or notice of medical support 95.11 withholding to the party's employer or union and to the health 95.12 carrier when the conditions under paragraph (d) are met or when 95.13 ordered by the court. 95.14 (c) If the public authority does not provide support 95.15 enforcement services, the party seeking to enforce the order may 95.16 forward a copy of the court order for health care coverage for 95.17 the child to the employer or union of the party ordered to carry 95.18 coverage and to the health carrier when the conditions under 95.19 paragraph (d) are met or when ordered by the court. 95.20 (d) The public authority or party seeking to enforce the 95.21 order must forward a copy of the national medical support notice 95.22 or court order for health care coverage to the employer under 95.23 paragraphs (b) and (c) if: 95.24 (1) the party ordered to carry health care coverage for the 95.25 child fails to provide written proof to the other party or the 95.26 public authority, within 30 days of the effective date of the 95.27 court order, that health care coverage has been obtained for the 95.28 child; 95.29 (2) the other party or the public authority gives written 95.30 notice to the party ordered to carry health care coverage for 95.31 the child of intent to enforce medical support. The other party 95.32 or public authority must mail the written notice to the last 95.33 known address of the party ordered to carry health care coverage 95.34 for the child; and 95.35 (3) the party ordered to carry health care coverage for the 95.36 child fails, within 15 days after the date on which the written 96.1 notice under clause (2) was mailed, to provide written proof to 96.2 the other party or the public authority that the party has 96.3 obtained health care coverage for the child. 96.4 Subd. 8. [EFFECT OF ORDER.] (a) A new employer or union of 96.5 a party who is ordered to provide health care coverage for the 96.6 child must enroll the child in the party's health plan as 96.7 required by a national medical support notice or court order. 96.8 (b) If a health plan administrator receives a completed 96.9 national medical support notice, the plan administrator must 96.10 notify the public authority within 40 business days after the 96.11 date of the notice of the following: 96.12 (1) whether coverage is available to the child under the 96.13 terms of the health plan; 96.14 (2) whether the child is covered under the health plan; 96.15 (3) the effective date of the child's coverage under the 96.16 health plan; and 96.17 (4) what steps, if any, are required to effectuate the 96.18 child's coverage under the health plan. 96.19 (c) The plan administrator must also provide the public 96.20 authority and the parties with a notice of enrollment of the 96.21 child, description of the coverage, and any documents necessary 96.22 to effectuate coverage. 96.23 Subd. 9. [CONTESTING ENROLLMENT.] (a) A party may contest 96.24 the enrollment of a child in a health plan on the limited 96.25 grounds that the enrollment is improper due to mistake of fact 96.26 or that the enrollment meets the requirements of section 517C.26. 96.27 If the party chooses to contest the enrollment, the party must 96.28 do so no later than 15 days after the employer notifies the 96.29 party of the enrollment by doing the following: 96.30 (1) filing a request for hearing according to section 96.31 484.702; 96.32 (2) serving a copy of the request for hearing upon the 96.33 public authority and the other party; and 96.34 (3) securing a date for the matter to be heard no later 96.35 than 45 days after the notice of enrollment. 96.36 (b) The enrollment must remain in place while the party 97.1 contests the enrollment. 97.2 Subd. 10. [EMPLOYER OR UNION REQUIREMENTS.] (a) An 97.3 employer must send the national medical support notice to its 97.4 health plan within 20 business days after the date on the 97.5 national medical support notice. 97.6 (b) An employer or union that is included under the federal 97.7 Employee Retirement Income Security Act of 1974 (ERISA), United 97.8 States Code, title 29, section 1169(a), may not deny enrollment 97.9 to the child or to the parent if necessary to enroll the child 97.10 based on exclusionary clauses described in section 62A.048. 97.11 (c) Upon application of the party, or if a court orders a 97.12 party to carry health insurance coverage for a child, the 97.13 employer or union and its health plan must enroll the child as a 97.14 beneficiary in the health plan and withhold any required 97.15 premiums from the income or wages of the party ordered to carry 97.16 health care coverage for the child. 97.17 (d) If more than one plan is offered by the employer or 97.18 union and the national medical support notice or court order 97.19 does not specify the plan to be carried, the plan administrator 97.20 must notify the parents and the public authority. 97.21 (e) If the party ordered to carry health care coverage for 97.22 the child is not enrolled in the health plan, the employer or 97.23 union must also enroll the party in the chosen plan if 97.24 enrollment of the party is necessary to obtain dependent health 97.25 care coverage under the plan. 97.26 (f) Enrollment of dependents and, if necessary, the party 97.27 ordered to carry health care coverage for the child must be 97.28 immediate and not dependent upon open enrollment periods. 97.29 Enrollment is not subject to the underwriting policies under 97.30 section 62A.048. 97.31 (g) Failure of the party ordered to carry health care 97.32 coverage for the child to execute any documents necessary to 97.33 enroll the dependent in the health plan does not affect the 97.34 obligation of the employer or union and health plan to enroll 97.35 the dependent in a plan. Information and authorization provided 97.36 by the public authority, or by a party or guardian, is valid for 98.1 the purposes of meeting enrollment requirements of the health 98.2 plan. 98.3 Subd. 11. [EMPLOYER LIABILITY.] An employer or union that 98.4 willfully fails to comply with the order is liable for any 98.5 uninsured medical expenses incurred by the dependents while the 98.6 dependents were eligible to be enrolled in the health plan and 98.7 for any other premium costs incurred because the employer or 98.8 union willfully failed to comply with the order. An employer or 98.9 union that fails to comply with the order is subject to a 98.10 finding of contempt and a $250 civil penalty under section 98.11 517C.57 and is also subject to a civil penalty of $500 to be 98.12 paid to the party entitled to reimbursement or the public 98.13 authority. Penalties paid to the public authority are 98.14 designated for child support enforcement services. 98.15 Subd. 12. [DISENROLLMENT; CONTINUATION OF COVERAGE; 98.16 OPTIONS IN COVERAGE.] (a) A child for whom a party is required 98.17 to provide health care coverage under this section must be 98.18 covered as a dependent of the party until the child is 98.19 emancipated, until further order of the court, or as consistent 98.20 with the terms of the coverage. 98.21 (b) The health carrier, employer, or union may not 98.22 disenroll or eliminate coverage for the child unless: 98.23 (1) the health carrier, employer, or union is provided 98.24 satisfactory written evidence that the court order is no longer 98.25 in effect; 98.26 (2) the child is or will be enrolled in comparable health 98.27 care coverage through another health plan that will take effect 98.28 no later than the effective date of the disenrollment; 98.29 (3) the employee is no longer eligible for dependent 98.30 coverage; or 98.31 (4) the required premium has not been paid by or on behalf 98.32 of the child. 98.33 (c) If disenrollment or elimination of coverage of a child 98.34 under this subdivision is based upon nonpayment of premiums, the 98.35 health plan must provide 30 days' written notice to the child's 98.36 parents and the public authority, if the public authority is 99.1 providing support enforcement services, prior to the 99.2 disenrollment or elimination of coverage. 99.3 (d) A child enrolled in health care coverage under a 99.4 qualified medical child support order, including a national 99.5 medical support notice, under this section is a dependent and a 99.6 qualified beneficiary under the Consolidated Omnibus Budget and 99.7 Reconciliation Act of 1985 (COBRA), Public Law Number 99-272. 99.8 Upon expiration of the order, the child is entitled to the 99.9 opportunity to elect continued coverage that is available under 99.10 the health plan. Notice must be provided by the employer or 99.11 union to the parties and the public authority, if it provides 99.12 child support services, within ten days of the termination date. 99.13 (e) If the public authority provides support enforcement 99.14 services and a plan administrator reports to the public 99.15 authority that there is more than one coverage option available 99.16 under the health plan, the public authority, in consultation 99.17 with the parents, must promptly select coverage from the 99.18 available options. If the parents fail to cooperate in a 99.19 reasonable period of time, the public authority must select 99.20 coverage from the available health plan options. 99.21 Subd. 13. [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court 99.22 must require the parent with whom the child does not reside to 99.23 provide dependent health care coverage for the benefit of the 99.24 parent with whom the child resides if the parent with whom the 99.25 child does not reside is ordered to provide dependent health 99.26 care coverage for the parties' child and adding the other parent 99.27 to the coverage results in no additional premium cost to the 99.28 parent with whom the child does not reside. 99.29 Subd. 14. [PLAN REIMBURSEMENT.] The signature of a parent 99.30 of the insured child is a valid authorization to a health plan 99.31 for purposes of processing an insurance reimbursement payment to 99.32 the provider of the medical services or to the parent if medical 99.33 services have been prepaid by that parent. 99.34 Subd. 15. [CORRESPONDENCE AND NOTICE.] The health plan 99.35 must send copies of all correspondence regarding the health care 99.36 coverage to both parents. 100.1 Subd. 16. [DISCLOSURE OF INFORMATION.] (a) Parties must 100.2 provide the public authority with the following information when 100.3 support enforcement services are provided: 100.4 (1) information relating to dependent health care coverage 100.5 or public coverage available for the benefit of the child for 100.6 whom support is sought, including all information required to be 100.7 included in a medical support order under this section; 100.8 (2) verification that application for court-ordered health 100.9 care coverage was made within 30 days of the court's order; and 100.10 (3) the reason that a child is not enrolled in 100.11 court-ordered health care coverage, if a child is not enrolled 100.12 in coverage or subsequently loses coverage. 100.13 (b) Upon request from the public authority under section 100.14 256.978, an employer, union, or plan administrator, including an 100.15 employer subject to the federal Employee Retirement Income 100.16 Security Act of 1974 (ERISA), United States Code, title 29, 100.17 section 1169(a), must provide the public authority the following 100.18 information: 100.19 (1) information relating to dependent health care coverage 100.20 available to a party for the benefit of the child for whom 100.21 support is sought, including all information required to be 100.22 included in a medical support order under this section; and 100.23 (2) information that will enable the public authority to 100.24 determine whether a health plan is appropriate for a child, 100.25 including, but not limited to, all available plan options, any 100.26 geographic service restrictions, and the location of service 100.27 providers. 100.28 (c) The employer, union, or plan administrator must not 100.29 release information regarding one party to the other party. The 100.30 employer, union, or plan administrator must provide both parties 100.31 with insurance identification cards and all necessary written 100.32 information to enable the parties to utilize the insurance 100.33 benefits for the covered dependents. 100.34 (d) The public authority is authorized to release to a 100.35 party's employer, union, or health plan information necessary to 100.36 obtain or enforce medical support. 101.1 (e) An employee must disclose to an employer if medical 101.2 support is required to be withheld under this section and the 101.3 employer must begin withholding according to the terms of the 101.4 order and under section 517C.52. If an employee discloses an 101.5 obligation to obtain health care coverage and coverage is 101.6 available through the employer, the employer must make all 101.7 application processes known to the individual and enroll the 101.8 employee and dependent in the plan under subdivision 10. 101.9 Subd. 17. [APPLICATION FOR CHILD SUPPORT ENFORCEMENT 101.10 SERVICES.] The public authority must take necessary steps to 101.11 establish and enforce an order for medical support if the child 101.12 receives public assistance or a party completes an application 101.13 for services from the public authority. 101.14 Subd. 18. [ENFORCEMENT.] (a) Remedies available for the 101.15 collection and enforcement of child support apply to medical 101.16 support. For the purpose of enforcement, the costs of 101.17 individual or group health or hospitalization coverage, dental 101.18 coverage, all medical costs ordered by the court to be paid by 101.19 either party, including health and dental insurance premiums 101.20 paid by the obligee because of the obligor's failure to obtain 101.21 coverage as ordered, or liabilities established under this 101.22 subdivision, are additional support. 101.23 (b) If a party owes a basic support obligation for a child 101.24 and is ordered to carry health care coverage for the child, and 101.25 the other party is ordered to contribute to the carrying party's 101.26 cost for coverage, the carrying party's basic support payment 101.27 must be reduced by the amount of the contributing party's 101.28 contribution. 101.29 (c) If a party owes a basic support obligation for a child 101.30 and is ordered to contribute to the other party's cost for 101.31 carrying health care coverage for the child, the contributing 101.32 party's basic support payment must be increased by the amount of 101.33 the contribution. 101.34 (d) If a party owes no basic support obligation for a child 101.35 and is ordered to contribute to the other party's cost for 101.36 carrying health care coverage for the child, the contributing 102.1 party is subject to income withholding under section 517C.52 for 102.2 the amount of the contribution to the carrying party's cost for 102.3 health care coverage for the child. 102.4 (e) If a party's court-ordered health care coverage for the 102.5 child terminates and the child is not enrolled in other health 102.6 care coverage or public coverage, and a modification motion is 102.7 not pending, the public authority may remove the offset to the 102.8 basic support obligation or terminate income withholding 102.9 instituted against a party under section 517C.52. The public 102.10 authority must provide notice to the parties of the action taken. 102.11 (f) A party may contest the action of the public authority 102.12 to remove the offset to the basic support obligation or 102.13 terminate income withholding if the party makes a written 102.14 request for a hearing within 30 days after receiving written 102.15 notice. If a party makes a timely request for a hearing, the 102.16 public authority must schedule a hearing and give written notice 102.17 of the hearing to the parties at least 14 days before the 102.18 hearing. The written notice of the hearing must be sent by mail 102.19 to the parties' last known addresses. The hearing must be 102.20 conducted in district court or in the expedited child support 102.21 process if section 484.702 applies. The district court or child 102.22 support magistrate must determine whether removal of the offset 102.23 or termination of income withholding is appropriate and, if 102.24 appropriate, the effective date for the removal or termination. 102.25 If the party does not request a hearing, the court must order 102.26 the offset or termination effective the first day of the month 102.27 following termination of the child's health care coverage. 102.28 (g) A party who fails to carry court-ordered dependent 102.29 health care coverage is liable for the child's uninsured medical 102.30 expenses unless a court order provides otherwise. A party's 102.31 failure to carry court-ordered coverage, or to provide other 102.32 medical support as ordered, is a basis for modification of a 102.33 support order under section 517C.28. 102.34 (h) Payments by the health carrier or employer for services 102.35 rendered to the dependents that are directed to a party not owed 102.36 reimbursement must be endorsed over to and forwarded to the 103.1 vendor or appropriate party or the public authority. A party 103.2 retaining insurance reimbursement not owed to the party is 103.3 liable for the amount of the reimbursement. 103.4 Subd. 19. [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL 103.5 EXPENSES.] (a) A request for reimbursement of unreimbursed and 103.6 uninsured medical expenses must be initiated within two years of 103.7 the date that the unreimbursed or uninsured medical expenses 103.8 were incurred. The time period in this paragraph does not apply 103.9 if the location of the other parent is unknown. 103.10 (b) A party seeking reimbursement of unreimbursed and 103.11 uninsured medical expenses must mail the other party written 103.12 notice of intent to collect the expenses and an affidavit of 103.13 health care expenses to the other party at the party's last 103.14 known address. The affidavit of health care expenses must 103.15 itemize and document the child's unreimbursed or uninsured 103.16 medical expenses. A copy of the bills, receipts, and the 103.17 insurance company's explanation of the benefits must be attached 103.18 to the affidavit. The written notice must include a statement 103.19 that the party has 30 days from the date of mailing the notice 103.20 to pay in full, enter a payment agreement, or file a motion 103.21 requesting a hearing contesting the matter. If the public 103.22 authority provides support enforcement services, the written 103.23 notice also must include a statement that the requesting party 103.24 must submit the amount due to the public authority for 103.25 collection. 103.26 (c) If, after 30 days, the other party has not paid in 103.27 full, the parties are unable to enter a payment agreement, or 103.28 the other party has not filed a motion contesting the matter, 103.29 and: 103.30 (1) if the public authority provides support enforcement 103.31 services, the requesting party must send the original affidavit, 103.32 a copy of the written notice, and copies of the bills, receipts, 103.33 and the insurance company's explanation of the benefits to the 103.34 public authority. The public authority must serve the other 103.35 party with a notice of intent to enforce unreimbursed and 103.36 uninsured medical expenses and file an affidavit of service by 104.1 mail with the district court administrator. The notice must 104.2 provide that, unless the other party pays in full, enters into a 104.3 payment agreement, or files a motion contesting the matter 104.4 within 14 days of service of the notice, the public authority 104.5 will commence enforcement under subdivision 20; or 104.6 (2) if the public authority does not provide support 104.7 enforcement services, the requesting party may move the court 104.8 for enforcement. 104.9 (d) If the party who receives notice under paragraph (b) or 104.10 (c), clause (1), files a timely motion for a hearing contesting 104.11 the requested reimbursement, a hearing must be scheduled in 104.12 district court or in the expedited child support process if 104.13 section 484.702 applies. The contesting party must provide the 104.14 party seeking reimbursement and the public authority, if the 104.15 public authority provides support enforcement services, with 104.16 written notice of the hearing at least 14 days before the 104.17 hearing by mailing notice of the hearing to the public authority 104.18 and the party at the party's last known address. The party 104.19 seeking reimbursement must file the original affidavit of health 104.20 care expenses with the court at least five days before the 104.21 hearing. Based upon the evidence presented, the court must 104.22 determine liability for the expenses and order that the liable 104.23 party is subject to enforcement of the expenses as medical 104.24 support arrears under subdivision 20. 104.25 Subd. 20. [ENFORCING AN ORDER FOR MEDICAL SUPPORT 104.26 ARREARS.] (a) If a party liable for unreimbursed and uninsured 104.27 medical expenses under subdivision 19 owes a basic support 104.28 obligation to the party seeking reimbursement of the expenses, 104.29 the expenses must be collected as medical support arrears as 104.30 follows: 104.31 (1) if income withholding under section 517C.52 is 104.32 available, medical support arrears must be withheld from a 104.33 liable party's income or wages pursuant to section 517C.60; or 104.34 (2) if income withholding under section 517C.52 is not 104.35 available, a liable party must pay medical support arrears under 104.36 the terms of a payment agreement under section 517C.71. If a 105.1 liable party fails to enter into or comply with a payment 105.2 agreement, the party seeking reimbursement or the public 105.3 authority, if it provides support enforcement services, may 105.4 schedule a hearing to have a court order payment. The party 105.5 seeking reimbursement or the public authority must provide the 105.6 liable party with written notice of the hearing at least 14 days 105.7 before the hearing. 105.8 (b) If a party liable for unreimbursed and uninsured 105.9 medical expenses does not owe a basic support obligation to the 105.10 party seeking reimbursement, and the party seeking reimbursement 105.11 owes the liable party child support arrears, the liable party's 105.12 medical support arrears under subdivision 19 must be deducted 105.13 from the amount of the child support arrears. If a liable party 105.14 owes medical support arrears after deducting the amount owed 105.15 from the amount of the child support arrears owed by the party 105.16 seeking reimbursement, it must be collected as follows: 105.17 (1) if the party seeking reimbursement owes a basic support 105.18 obligation to the liable party, the basic support obligation 105.19 must be reduced by 20 percent until the medical support arrears 105.20 are satisfied; 105.21 (2) if the party seeking reimbursement does not owe a basic 105.22 support obligation to the liable party, the liable party's 105.23 income must be subject to income withholding under section 105.24 517C.52 for an amount required under section 517C.71 until the 105.25 medical support arrears are satisfied; or 105.26 (3) if the party seeking reimbursement does not owe a basic 105.27 support obligation, and income withholding under section 517C.52 105.28 is not available, payment of the medical support arrears must be 105.29 required under a payment agreement under section 517C.71. 105.30 Sec. 15. [517C.16] [PRESUMPTIVE CHILD SUPPORT WORKSHEET.] 105.31 The court must use the following worksheet to determine the 105.32 presumptive child support order: 105.33 1. Monthly Income: 105.34 a. Obligor: ....... 105.35 b. Obligee: ....... 105.36 2. Parents' Combined Income: line 1a plus line 1b: ..... 106.1 3. Parental Share: 106.2 a. Obligor: line 1a divided by line 2: ....... 106.3 b. Obligee: line 1b divided by line 2: ....... 106.4 4. Basic Needs: 106.5 a. Shared Responsibility: 106.6 Parents combined monthly income 106.7 x .09 106.8 + 300 106.9 =....... (one child) 106.10 x 1.61 (two children)= ....... 106.11 x 1.86 (three children)= ....... 106.12 x 2.06 (four children)= ....... 106.13 x 2.26 (five children)= ....... 106.14 x 2.46 (six children)= ....... 106.15 b. Obligor Proportionate Responsibility: line 3a 106.16 multiplied by line 4a: ....... 106.17 c. Obligee Proportionate Responsibility: line 3b 106.18 multiplied by line 4a: ....... 106.19 5. Basic Needs Obligation After Parenting Time Adjustment: 106.20 Parenting time division approximates joint physical custody: 106.21 Line 4b 106.22 - Line 4c 106.23 x .5 106.24 = ..... 106.25 6. Child Care Needs (complete appropriate section): 106.26 a. Obligor paying for child care: cost of child care 106.27 (.......) multiplied by line 3b: ....... (deduct from support 106.28 obligation) 106.29 b. Obligee paying for child care or obligor's income 106.30 exceeds eligibility requirements for basic sliding fee child 106.31 care; not receiving basic sliding fee child care: cost of child 106.32 care (.......) multiplied by line 3a: ........ 106.33 c. Obligee receiving basic sliding fee child care: order 106.34 reimbursement to the state in an amount equal to copayment 106.35 obligor would make, based on line 1a, if obligor was receiving 106.36 basic sliding fee child care: ....... 107.1 7. Medical Support (complete appropriate section): 107.2 a. Obligor providing health care coverage: line 3b 107.3 multiplied by cost of health care coverage: ....... (deduct 107.4 from support obligation) 107.5 b. Obligee providing health care coverage: line 3a 107.6 multiplied by cost of health care coverage: ....... 107.7 c. Obligor and obligee do not have appropriate health care 107.8 coverage: obligor must pay the lesser of the following amounts: 107.9 (i) the monthly premium amount obligor would pay if 107.10 obligor's income meets the income eligibility requirements for 107.11 public coverage: ....... or 107.12 (ii) five percent of obligor's monthly gross income, if 107.13 obligor's income does not meet the eligibility requirements for 107.14 public coverage: ....... 107.15 8. Presumed child support amount: add (or subtract, when 107.16 appropriate) amounts from lines 5, 6, and 7: ....... 107.17 Sec. 16. [517C.17] [DEVIATIONS.] 107.18 Subdivision 1. [GENERAL FACTORS.] In addition to the child 107.19 support guidelines, the court must take into consideration the 107.20 following factors in setting or modifying child support or in 107.21 determining whether to deviate from the guidelines: 107.22 (1) all earnings, income, and resources of the parents, 107.23 including real and personal property, but excluding income from 107.24 excess employment of the obligor or obligee that meets the 107.25 criteria of section 517C.12, subdivision 5; 107.26 (2) the financial needs and resources, physical and 107.27 emotional condition, and educational needs of the child to be 107.28 supported; 107.29 (3) the standard of living the child would have enjoyed had 107.30 the marriage not been dissolved, but recognizing that the 107.31 parents now have separate households; 107.32 (4) which parent receives the income taxation dependency 107.33 exemption and the financial benefit the parent receives from it; 107.34 (5) the parents' debts as provided in subdivision 2; 107.35 (6) the obligor's receipt of public assistance under the 107.36 AFDC program formerly codified under sections 256.72 to 256.82 108.1 or 256B.01 to 256B.40 and chapter 256J or 256K; and 108.2 (7) the child spends between 33 and 45 percent of 108.3 overnights with the obligor pursuant to a court order or with 108.4 the consent of the obligee, which results in an increased 108.5 financial burden on the obligor. 108.6 Subd. 2. [DEBT.] In establishing or modifying a support 108.7 obligation, the court may consider debts owed to private 108.8 creditors, but only if: 108.9 (1) the right to support has not been assigned under 108.10 section 256.741; 108.11 (2) the court determines that the debt was reasonably 108.12 incurred for necessary support of the child or parent or for the 108.13 necessary generation of income. If the debt was incurred for 108.14 the necessary generation of income, the court may consider only 108.15 the amount of debt that is essential to the continuing 108.16 generation of income; and 108.17 (3) the party requesting a departure produces a sworn 108.18 schedule of the debts, with supporting documentation, showing 108.19 goods or services purchased, the recipient of them, the amount 108.20 of the original debt, the outstanding balance, the monthly 108.21 payment, and the number of months until the debt will be fully 108.22 paid. 108.23 (b) A schedule prepared under paragraph (a), clause (3), 108.24 must contain a statement that the debt will be fully paid after 108.25 the number of months shown in the schedule, barring emergencies 108.26 beyond the party's control. 108.27 (c) Any further departure below the guidelines that is 108.28 based on a consideration of debts owed to private creditors must 108.29 not exceed 18 months in duration. After 18 months the support 108.30 must increase automatically to the level ordered by the court. 108.31 This section does not prohibit one or more step increases in 108.32 support to reflect debt retirement during the 18-month period. 108.33 (d) If payment of debt is ordered pursuant to this section, 108.34 the payment must be ordered to be in the nature of child support. 108.35 Subd. 3. [EVIDENCE.] The court may receive evidence on the 108.36 factors in this section to determine if the guidelines should be 109.1 exceeded or modified in a particular case. 109.2 Subd. 4. [NO DEVIATION WHEN PAYMENTS ARE MADE TO THE 109.3 PUBLIC AUTHORITY EXCEPT FOR EXTREME HARDSHIP.] If the child 109.4 support payments are assigned to the public authority, the court 109.5 may not deviate downward from the child support guidelines 109.6 unless the court specifically finds that the failure to deviate 109.7 downward would impose an extreme hardship on the obligor. 109.8 Subd. 5. [NO DEPARTURE BASED ON JOINT LEGAL CUSTODY.] An 109.9 award of joint legal custody is not a reason for departure from 109.10 the guidelines. 109.11 Sec. 17. [517C.18] [WRITTEN FINDINGS.] 109.12 Subdivision 1. [NO DEVIATION.] If the court does not 109.13 deviate from the guidelines, the court must make written 109.14 findings concerning the amount of the parties' income used as 109.15 the basis for the guidelines calculation and any other 109.16 significant evidentiary factors affecting the determination of 109.17 child support. 109.18 Subd. 2. [DEVIATION.] (a) If the court deviates from the 109.19 guidelines, the court must make written findings giving the 109.20 amount of support calculated under the guidelines, the reasons 109.21 for the deviation, and must specifically address the criteria in 109.22 section 517C.17 and how the deviation serves the best interests 109.23 of the child. 109.24 (b) The court may deviate from the guidelines if both 109.25 parties agree and the court makes written findings that it is in 109.26 the best interests of the child, except that in cases where 109.27 child support payments are assigned to the public authority 109.28 under section 256.741, the court may deviate downward only as 109.29 provided in section 517C.17, subdivision 4. Nothing in this 109.30 section prohibits the court from deviating in other cases. 109.31 Subd. 3. [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 109.32 provisions of this section apply whether or not the parties are 109.33 each represented by independent counsel and have entered into a 109.34 written agreement. The court must review stipulations presented 109.35 to it for conformity to the guidelines. The court is not 109.36 required to conduct a hearing, but the parties must provide the 110.1 documentation of earnings required under section 517C.10. 110.2 Sec. 18. [517C.19] [GUIDELINES REVIEW.] 110.3 No later than 2002 and every four years after that, the 110.4 department of human services must conduct a review of the child 110.5 support guidelines. 110.6 Sec. 19. [517C.20] [EDUCATION TRUST FUND.] 110.7 The parties may agree to designate a sum of money above 110.8 court-ordered child support as a trust fund for the costs of 110.9 post-secondary education. 110.10 Sec. 20. [517C.25] [MODIFICATION; GENERAL.] 110.11 Subdivision 1. [AUTHORITY.] After a child support order is 110.12 established, the court may, on motion of a party, modify the 110.13 order respecting the amount and payment of support. The court 110.14 may make an order respecting any matters it had authority to 110.15 address in the original proceeding, except as otherwise provided 110.16 in section 517C.29. A party or the public authority also may 110.17 make a motion for contempt of court if the obligor is in arrears 110.18 in support payments. 110.19 Subd. 2. [GUIDELINES REMAIN APPLICABLE.] On a motion for 110.20 modification of support, the guidelines in this chapter remain 110.21 applicable. 110.22 Subd. 3. [EVIDENTIARY HEARING NOT REQUIRED.] The court 110.23 need not hold an evidentiary hearing on a motion for 110.24 modification of child support. 110.25 Subd. 4. [FORM.] The state court administrator must 110.26 prepare and make available to courts, obligors, and obligees a 110.27 form to be submitted in support of a motion for a modification 110.28 of child support or for contempt of court. 110.29 Sec. 21. [517C.26] [REOPENING AN ORDER.] 110.30 Subdivision 1. [FACTORS.] Upon the motion of a party, the 110.31 court may rescind a child support order or judgment and may 110.32 issue a new order or grant other relief as may be just for the 110.33 following reasons: 110.34 (1) mistake, inadvertence, surprise, or excusable neglect; 110.35 (2) newly discovered evidence that could not have been 110.36 discovered by due diligence in time to move for a new trial 111.1 under the rules of civil procedure; 111.2 (3) fraud, whether denominated intrinsic or extrinsic, 111.3 misrepresentation, or other misconduct of an adverse party; 111.4 (4) the judgment or order is void; 111.5 (5) the judgment has been satisfied, released, or 111.6 discharged; 111.7 (6) the judgment is based on a prior order that has been 111.8 reversed or otherwise vacated; or 111.9 (7) it is no longer equitable that the order should have 111.10 prospective application. 111.11 Subd. 2. [PROCEDURE; EFFECT.] The motion must be made 111.12 within a reasonable time, and, for a reason under subdivision 1, 111.13 clause (1), (2), or (3), not more than one year after the 111.14 judgment and decree, order, or proceeding was entered or taken. 111.15 A motion under this section does not affect the finality of an 111.16 order or suspend its operation. This section does not limit the 111.17 power of a court to entertain an independent action to relieve a 111.18 party from an order or proceeding or to grant relief to a party 111.19 not actually personally notified as provided in the rules of 111.20 civil procedure, or to set aside a judgment for fraud upon the 111.21 court. 111.22 Sec. 22. [517C.27] [CHANGE IN CUSTODY OR PARENTING TIME.] 111.23 Subdivision 1. [OFFICIAL CHANGE IN CUSTODY.] If an obligee 111.24 has been granted sole physical custody of a child, the child 111.25 subsequently lives with the obligor, and temporary sole physical 111.26 custody has been approved by the court or by a court-appointed 111.27 referee, the court may suspend the obligor's child support 111.28 obligation pending the final custody determination. The court's 111.29 order denying the suspension of child support must include a 111.30 written explanation of the reasons why continuation of the child 111.31 support obligation would be in the best interests of the child. 111.32 Subd. 2. [UNOFFICIAL CHANGE IN CUSTODY.] The court may 111.33 conclude that an obligor has satisfied a child support 111.34 obligation by providing a home, care, and support for the child 111.35 while the child is living with the obligor, if the court finds 111.36 that the child was integrated into the family of the obligor 112.1 with the consent of the obligee and child support payments were 112.2 not assigned to the public authority. 112.3 Subd. 3. [30-DAY CHANGE.] A support order issued under 112.4 this chapter may provide that during any period of time of 30 112.5 consecutive days or longer that the child is residing with the 112.6 obligor, the amount of support otherwise due under the order may 112.7 be reduced. 112.8 Sec. 23. [517C.28] [SUBSTANTIAL CHANGE IN CIRCUMSTANCES, 112.9 EARNINGS, OR NEEDS.] 112.10 Subdivision 1. [FACTORS.] The terms of a child support 112.11 order may be modified upon a showing of one or more of the 112.12 following: 112.13 (1) substantially increased or decreased earnings of a 112.14 party; 112.15 (2) substantially increased or decreased need of a party or 112.16 the child that is the subject of these proceedings; 112.17 (3) receipt of assistance under the AFDC program formerly 112.18 codified under sections 256.72 to 256.87 or 256B.01 to 256B.40 112.19 or chapter 256J or 256K; 112.20 (4) a change in the cost of living for either party, as 112.21 measured by the federal Bureau of Statistics, that makes the 112.22 terms unreasonable and unfair; 112.23 (5) extraordinary medical expenses of the child not 112.24 provided for under section 517C.15; 112.25 (6) the addition of work-related or education-related child 112.26 care expenses of the obligee or a substantial increase or 112.27 decrease in existing work-related or education-related child 112.28 care expenses; or 112.29 (7) upon the emancipation of a child if there is still a 112.30 child under the order. A child support obligation for two or 112.31 more children that is not a support obligation in a specific 112.32 amount per child continues in the full amount until modified or 112.33 until the emancipation of the last child for whose benefit the 112.34 order was made. 112.35 Subd. 2. [PRESUMPTIONS.] It is presumed that there has 112.36 been a substantial change in circumstances under subdivision 1 113.1 and the terms of a current support order are rebuttably presumed 113.2 to be unreasonable and unfair if: 113.3 (1) when applied to the current circumstances of the 113.4 parties, the presumptive child support amount derived under this 113.5 chapter is at least 20 percent and at least $50 per month higher 113.6 or lower than the current support order; 113.7 (2) the medical support provisions of the order established 113.8 under section 517C.15 are not enforceable by the public 113.9 authority or the obligee; 113.10 (3) health insurance coverage ordered under section 517C.15 113.11 is not available to the child for whom the order is established 113.12 by the parent ordered to provide it; or 113.13 (4) the existing support obligation is in the form of a 113.14 statement of percentage and not a specific dollar amount. 113.15 Subd. 3. [SUBSEQUENT CHILD.] The needs of a subsequent 113.16 child must not be factored into a support guidelines 113.17 calculation. The fact that an obligor had an additional child 113.18 after the entry of a child support order is not grounds for a 113.19 modification to decrease the amount of support owed. However, 113.20 the fact that an obligor has a subsequent child must be 113.21 considered in response to a request by an obligee for a 113.22 modification to increase child support. In order to deviate 113.23 from the presumptive support amount derived under this chapter 113.24 to consider the needs of a subsequent child, the trial court 113.25 must: 113.26 (1) find the obligor's total ability to contribute to 113.27 dependent children, taking into account the obligor's income and 113.28 reasonable expenses exclusive of child care. The obligor's 113.29 expenses must be: 113.30 (i) reduced as appropriate to take into account 113.31 contributions to those costs by other adults who share the 113.32 obligor's current household; and 113.33 (ii) apportioned between the parent and a subsequent child 113.34 with regard to shared benefits, including, but not limited to, 113.35 housing and transportation; 113.36 (2) find the total needs of all the obligor's children, and 114.1 if these needs are less than the obligor's ability to pay, the 114.2 needs may become the obligor's child support obligation. When 114.3 considering the needs of a subsequent child, the trial court 114.4 must reduce those amounts as appropriate to take into account 114.5 the ability to contribute to those needs by another parent of 114.6 the child; 114.7 (3) make specific findings on the needs of the child or 114.8 children who are the subject of the support order under 114.9 consideration; and 114.10 (4) exercise discretion to fairly determine the current 114.11 support obligation and the contribution left available for other 114.12 children, considering that the support obligation being 114.13 determined should be in an amount at least equal to the 114.14 contribution for a subsequent child. 114.15 Sec. 24. [517C.29] [MODIFICATION EFFECTIVE DATE.] 114.16 Subdivision 1. [DATE OF MOTION DETERMINATIVE.] A 114.17 modification of support, including interest that accrued 114.18 pursuant to section 548.091, may be made effective no sooner 114.19 than the date of service of notice of the motion for 114.20 modification on the responding parties. 114.21 Subd. 2. [RETROACTIVE MODIFICATION PERMITTED ONLY IN 114.22 LIMITED CIRCUMSTANCES.] Notwithstanding subdivision 1, 114.23 modification may be applied to an earlier period if the court 114.24 makes express findings that: 114.25 (1) the party seeking modification was precluded from 114.26 serving a motion by reason of a significant physical or mental 114.27 disability, a material misrepresentation of another party, or 114.28 fraud upon the court; and the party seeking modification, when 114.29 no longer precluded, promptly served a motion; 114.30 (2) the party seeking modification was a recipient of 114.31 federal Supplemental Security Income (SSI), Title II Older 114.32 Americans Insurance, Survivor's Disability Insurance (OASDI), 114.33 other disability benefits, or public assistance based upon need 114.34 during the period for which retroactive modification is sought; 114.35 or 114.36 (3) the order the party seeks to amend was entered by 115.1 default, the party shows good cause for not appearing, and the 115.2 record contains no factual evidence, or clearly erroneous 115.3 evidence, regarding the obligor's ability to pay. 115.4 Subd. 3. [CHILD CARE EXCEPTION.] The court may provide 115.5 that a reduction in the amount allocated for child care expenses 115.6 based on a substantial decrease in the expenses is effective as 115.7 of the date the expenses decreased. 115.8 Sec. 25. [517C.30] [TERMINATION OF CHILD SUPPORT.] 115.9 Subdivision 1. [DEATH OF OBLIGOR.] Unless otherwise agreed 115.10 in writing or expressly provided in the order, provisions for 115.11 the support of a child are not terminated by the death of a 115.12 parent obligated to support the child. When a parent obligated 115.13 to pay support dies, the amount of support may be modified, 115.14 revoked, or commuted to a lump sum payment, to the extent just 115.15 and appropriate in the circumstances. 115.16 Subd. 2. [AUTOMATIC TERMINATION.] (a) Unless a court order 115.17 provides otherwise, a child support obligation in a specific 115.18 amount per child terminates automatically and without any action 115.19 by the obligor to reduce, modify, or terminate the order upon 115.20 the emancipation of the child. 115.21 (b) A child support obligation for two or more children 115.22 that is not a support obligation in a specific amount per child 115.23 continues in the full amount until the emancipation of the last 115.24 child for whose benefit the order was made, or until further 115.25 order of the court. 115.26 (c) The obligor may request a modification of the obligor's 115.27 child support order upon the emancipation of a child if there 115.28 are still minor children under the order. The child support 115.29 obligation shall be determined based on the income of the 115.30 parties at the time the modification is sought. 115.31 Sec. 26. [517C.31] [COST-OF-LIVING ADJUSTMENTS.] 115.32 Subdivision 1. [GENERAL.] An order for child support must 115.33 provide for a biennial adjustment in the amount to be paid based 115.34 on a change in the cost of living. Cost-of-living adjustments 115.35 are compounded. 115.36 Subd. 2. [REQUEST FOR COST-OF-LIVING CLAUSE.] If an 116.1 existing support order does not contain a cost-of-living clause, 116.2 the obligee or public authority may request one. A motion for 116.3 enforcement or modification of an existing support order must 116.4 include a request for a cost-of-living clause if the existing 116.5 support order does not contain one. 116.6 Subd. 3. [WAIVER.] A court may waive the requirement of 116.7 the cost-of-living clause if it expressly finds that the 116.8 obligor's occupation or income, or both, does not provide for 116.9 cost-of-living adjustment or that the order for child support 116.10 has a provision such as a step increase that has the effect of a 116.11 cost-of-living clause. 116.12 Subd. 4. [INDEX; AMOUNT.] (a) An order that provides for a 116.13 cost-of-living adjustment must specify the cost-of-living index 116.14 to be applied. The court may use the Consumer Price Index for 116.15 All Urban Consumers, Minneapolis-St. Paul (CPI-U), the Consumer 116.16 Price Index for Wage Earners and Clerical, Minneapolis-St. Paul 116.17 (CPI-W), or another cost-of-living index published by the 116.18 department of labor that the court specifically finds is more 116.19 appropriate. 116.20 (b) The court may increase the amount by more than the 116.21 cost-of-living adjustment by agreement of the parties or by 116.22 making further findings. 116.23 Subd. 5. [EFFECTIVE DATE.] If payment is made to the 116.24 public authority, an adjustment is effective on May 1 of the 116.25 year it is made. If payment is not made to the public 116.26 authority, an adjustment may be made in any month but no 116.27 adjustment may be made sooner than two years after the date of 116.28 the dissolution decree. A support order must specify the 116.29 effective date of cost-of-living adjustments. 116.30 Subd. 6. [CONDITIONS.] A cost-of-living adjustment may not 116.31 be made unless: 116.32 (1) the support order requires it; and 116.33 (2) the obligee or public authority notifies the obligor of 116.34 the adjustment by mail at the obligor's last known address at 116.35 least 20 days before the effective date of the adjustment. The 116.36 notice must inform the obligor of the effective date of the 117.1 adjustment, the right to contest the adjustment, and the 117.2 permissible grounds to contest the adjustment. 117.3 Subd. 7. [CONTEST; GROUNDS; HEARING.] (a) To contest a 117.4 cost-of-living adjustment, an obligor must request a hearing 117.5 before the effective date of the adjustment. The request for a 117.6 hearing must be made to the court and served on the other 117.7 parties. The obligor may make an ex parte motion to stay 117.8 imposition of the adjustment pending outcome of the hearing. 117.9 (b) An obligor may contest a cost-of-living adjustment on 117.10 the grounds that the obligor has an insufficient increase in 117.11 income to fulfill the adjusted child support obligation. 117.12 (c) At a hearing, if the obligor establishes an 117.13 insufficient increase in income to fulfill the adjusted child 117.14 support obligation, the court may direct that all or part of the 117.15 adjustment not take effect. 117.16 (d) At a hearing, if the obligor does not establish an 117.17 insufficient increase in income, the adjustment must take effect 117.18 as of the date originally specified in the support order. 117.19 Subd. 8. [FORM.] The department of human services must 117.20 prepare and make available to the court and obligors a form to 117.21 be submitted in support of a request for a hearing under this 117.22 section. 117.23 Subd. 9. [RULES.] The commissioner of human services may 117.24 promulgate rules for child support adjustments under this 117.25 section in accordance with the rulemaking provisions of chapter 117.26 14. 117.27 Sec. 27. [517C.35] [ASSIGNMENT.] 117.28 Subdivision 1. [GENERAL.] The court must direct that all 117.29 payments ordered for support be made to the public authority if 117.30 the obligee is receiving or has applied for public assistance. 117.31 Amounts received by the public authority greater than the amount 117.32 granted to the obligee must be remitted to the obligee pursuant 117.33 to federal requirements. 117.34 Subd. 2. [JUDGMENTS.] The court administrator must enter 117.35 and docket a judgment obtained by operation of law under section 117.36 548.091, subdivision 1, in the name of the public authority to 118.1 the extent that the obligation has been assigned. When arrears 118.2 are reduced to judgment and section 548.091 is not applicable, 118.3 the court must grant judgment in favor of, and in the name of, 118.4 the public authority to the extent that the arrears are 118.5 assigned. The public authority must file notice of an 118.6 assignment with the court administrator, who must enter the 118.7 notice in the docket. The public authority may then enforce a 118.8 judgment entered before the assignment of rights as if the 118.9 judgment were granted to it, and in its name, to the extent that 118.10 the arrears in that judgment are assigned. 118.11 Subd. 3. [PROPERTY LIEN.] The court may make any child 118.12 support order a lien or charge upon the property of the obligor, 118.13 either at the time of the entry of the judgment or by subsequent 118.14 order upon proper application. 118.15 Sec. 28. [517C.36] [PARTY STATUS.] 118.16 Subdivision 1. [WHEN A PARTY RECEIVES PUBLIC 118.17 ASSISTANCE.] The public authority is joined as a party if the 118.18 obligee is receiving, or subsequently applies for, public 118.19 assistance and rights are assigned under section 256.741, 118.20 subdivision 2. 118.21 Subd. 2. [NO PUBLIC ASSISTANCE; APPLICATION FOR SERVICES.] 118.22 If the obligee is not receiving public assistance, but has 118.23 applied for child support services, the public authority has a 118.24 pecuniary interest, as well as an interest in the welfare of a 118.25 child. The public authority may intervene as a matter of right 118.26 in those cases to ensure that child support orders are obtained, 118.27 enforced, and provide for an appropriate and accurate level of 118.28 child, medical, and child care support. If the public authority 118.29 participates in a case where the action taken by the public 118.30 authority requires the use of an attorney's services, the public 118.31 authority must be represented by an attorney consistent with the 118.32 provisions in section 517C.37. 118.33 Sec. 29. [517C.37] [ROLE OF THE PUBLIC AUTHORITY.] 118.34 Subdivision 1. [PUBLIC AUTHORITY DOES NOT REPRESENT 118.35 OBLIGOR OR OBLIGEE.] The provision of services under the child 118.36 support enforcement program that includes services by an 119.1 attorney or an attorney's representative employed by, under 119.2 contract to, or representing the public authority does not 119.3 create an attorney-client relationship with any party other than 119.4 the public authority. Attorneys employed by or under contract 119.5 with the public authority have an affirmative duty to inform 119.6 applicants and recipients of services under the child support 119.7 enforcement program that no attorney-client relationship exists 119.8 between the attorney and the applicant or recipient. This 119.9 section applies to all legal services provided by the child 119.10 support enforcement program. 119.11 Subd. 2. [WRITTEN NOTICE.] The public authority must 119.12 provide written notice to an applicant or recipient of services 119.13 that: 119.14 (1) no attorney-client relationship exists between the 119.15 attorney and the applicant or recipient; 119.16 (2) the rights of the individual as a subject of data are 119.17 controlled by section 13.04, subdivision 2; and 119.18 (3) the individual has a right to have an attorney 119.19 represent the individual. 119.20 Subd. 3. [POWER TO REPRESENT OTHER PUBLIC 119.21 AUTHORITIES.] The public authority may act on behalf of a public 119.22 authority from another jurisdiction. This includes the 119.23 authority to represent the legal interests of, or execute 119.24 documents on behalf of, the other public authority in connection 119.25 with the establishment, enforcement, and collection of child 119.26 support and collection on judgments. 119.27 Sec. 30. [517C.38] [SERVICE FEES.] 119.28 Subdivision 1. [OBLIGOR FEE.] When the public authority 119.29 provides child support collection services either to a public 119.30 assistance recipient or to a party who does not receive public 119.31 assistance, the public authority may upon written notice to the 119.32 obligor charge a monthly collection fee equivalent to the full 119.33 monthly cost to the county of providing collection services, in 119.34 addition to the amount of the child support ordered by the 119.35 court. The fee must be deposited in the county general fund. 119.36 The service fee assessed is limited to ten percent of the 120.1 monthly court ordered child support and must not be assessed to 120.2 obligors who are current in payment of the monthly court ordered 120.3 child support. 120.4 Subd. 2. [OBLIGEE FEE.] An application fee of $25 must be 120.5 paid by the person who applies for child support and maintenance 120.6 collection services, except persons who are receiving public 120.7 assistance as defined in section 256.741, persons who transfer 120.8 from public assistance to nonpublic assistance status, and minor 120.9 parents and parents enrolled in a public secondary school, area 120.10 learning center, or alternative learning program approved by the 120.11 commissioner of children, families, and learning. 120.12 Subd. 3. [TAX INTERCEPT FEES.] Fees assessed by state and 120.13 federal tax agencies for collection of overdue support owed to 120.14 or on behalf of a person not receiving public assistance must be 120.15 imposed on the person for whom these services are provided. The 120.16 public authority upon written notice to the obligee must assess 120.17 a fee of $25 to the person not receiving public assistance for 120.18 each successful federal tax interception. The fee must be 120.19 withheld prior to the release of the funds received from each 120.20 interception and must be deposited in the general fund. 120.21 Subd. 4. [COMPLIANCE WITH FEDERAL LAW.] The limitations of 120.22 this section on the assessment of fees do not apply to the 120.23 extent they are inconsistent with the requirements of federal 120.24 law for receiving funds for the programs under Title IV-A and 120.25 Title IV-D of the Social Security Act, United States Code, title 120.26 42, sections 601 to 613 and 651 to 662. 120.27 Sec. 31. [517C.39] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 120.28 SUPPORT AND PARENTAGE ORDERS.] 120.29 The public authority may use the provisions of sections 120.30 517C.40 to 517C.44 when support rights are assigned under 120.31 section 256.741, subdivision 2, or when the public authority is 120.32 providing services under an application for child support 120.33 services. 120.34 Sec. 32. [517C.40] [NONATTORNEY EMPLOYEE DUTIES.] 120.35 Subdivision 1. [DUTIES PERFORMED UNDER SUPERVISION OF 120.36 COUNTY ATTORNEY.] (a) The county attorney must review and 121.1 approve as to form and content all pleadings and other legal 121.2 documents prepared by nonattorney employees of the public 121.3 authority for use in the expedited child support process. 121.4 (b) Under the direction of, and in consultation with, the 121.5 county attorney, nonattorney employees of the public authority 121.6 may perform the following legal duties: 121.7 (1) meet and confer with parties by mail, telephone, 121.8 electronic, or other means regarding legal issues; 121.9 (2) explain to parties the purpose, procedure, and function 121.10 of the expedited child support process and the role and 121.11 authority of nonattorney employees of the public authority 121.12 regarding legal issues; 121.13 (3) prepare pleadings, including, but not limited to, 121.14 summonses and complaints, notices, motions, subpoenas, orders to 121.15 show cause, proposed orders, administrative orders, and 121.16 stipulations and agreements; 121.17 (4) issue administrative subpoenas; 121.18 (5) prepare judicial notices; 121.19 (6) negotiate settlement agreements; 121.20 (7) attend and participate as a witness in hearings and 121.21 other proceedings and, if requested by the child support 121.22 magistrate, present evidence, agreements and stipulations of the 121.23 parties, and any other information deemed appropriate by the 121.24 magistrate; 121.25 (8) participate in other activities and perform other 121.26 duties delegated by the county attorney; and 121.27 (9) exercise other powers and perform other duties as 121.28 permitted by statute or court rule. 121.29 Subd. 2. [DUTIES PERFORMED AUTONOMOUSLY.] Nonattorney 121.30 employees of the public authority may perform the following 121.31 duties without direction from the county attorney: 121.32 (1) gather information on behalf of the public authority; 121.33 (2) prepare financial worksheets; 121.34 (3) obtain income information from the department of 121.35 economic security and other sources; 121.36 (4) serve documents on parties; 122.1 (5) file documents with the court; 122.2 (6) meet and confer with parties by mail, telephone, 122.3 electronic, or other means regarding nonlegal issues; 122.4 (7) explain to parties the purpose, procedure, and function 122.5 of the expedited child support process and the role and 122.6 authority of nonattorney employees of the public authority 122.7 regarding nonlegal issues; and 122.8 (8) perform other routine nonlegal duties as assigned. 122.9 Subd. 3. [PRACTICE OF LAW.] Performance of the duties 122.10 prescribed in subdivisions 1 and 2 by nonattorney employees of 122.11 the public authority does not constitute the unauthorized 122.12 practice of law for purposes of section 481.02. 122.13 Sec. 33. [517C.41] [FINANCIAL WORKSHEET.] 122.14 Subdivision 1. [PREPARATION.] In cases involving 122.15 establishment or modification of a child support order, a 122.16 nonattorney employee of the public authority must prepare a 122.17 financial worksheet that contains: 122.18 (1) names and addresses of the parties; 122.19 (2) social security numbers of the parties; 122.20 (3) number of members in each party's household and 122.21 dependents of the parties; 122.22 (4) names and addresses of the parties' employers; 122.23 (5) gross income of the parties as defined in this chapter; 122.24 (6) amounts and sources of any other earnings and income of 122.25 the parties; 122.26 (7) health insurance coverage of parties; and 122.27 (8) any other information relevant to the determination of 122.28 child or medical support under this chapter. 122.29 Subd. 2. [INCOME INFORMATION.] In preparing the financial 122.30 worksheet, the nonattorney employee of the public authority must 122.31 obtain income information available to the public authority from 122.32 the department of economic security and serve this information 122.33 on the parties. The information must be filed with the court or 122.34 child support magistrate at least five days before a hearing 122.35 involving child support, medical support, or child care 122.36 reimbursement issues. 123.1 Sec. 34. [517C.42] [NONCONTESTED MATTERS.] 123.2 Under the direction of the county attorney and based on 123.3 agreement of the parties, nonattorney employees may prepare a 123.4 stipulation, findings of fact, conclusions of law, and proposed 123.5 order. The documents must be approved and signed by the county 123.6 attorney as to form and content before submission to the court 123.7 or child support magistrate for approval. 123.8 Sec. 35. [517C.43] [ADMINISTRATIVE AUTHORITY; PARENTAGE; 123.9 SUPPORT.] 123.10 Subdivision 1. [POWERS.] The public authority may take the 123.11 following actions relating to establishment of paternity or to 123.12 establishment, modification, or enforcement of support orders, 123.13 without the necessity of obtaining an order from a judicial or 123.14 administrative tribunal: 123.15 (1) recognize and enforce orders of child support agencies 123.16 of other states; 123.17 (2) upon request for genetic testing by a child, parent, or 123.18 an alleged parent, and using the procedure in subdivision 2, 123.19 order the child, parent, or alleged parent to submit to blood or 123.20 genetic testing for the purpose of establishing paternity; 123.21 (3) subpoena financial or other information needed to 123.22 establish, modify, or enforce a child support order and request 123.23 sanctions for failure to respond to a subpoena; 123.24 (4) upon notice to the obligor, obligee, and the 123.25 appropriate court, direct the obligor or other payor to change 123.26 the payee to the central collections unit under section 517C.50; 123.27 (5) order income withholding of child support under section 123.28 517C.52; 123.29 (6) secure assets to satisfy a support debt or arrears by: 123.30 (i) intercepting or seizing periodic or lump-sum payments 123.31 from state or local agencies, including reemployment 123.32 compensation, workers' compensation payments, judgments, 123.33 settlements, lotteries, and other lump-sum payments; 123.34 (ii) attaching and seizing assets of the obligor held in 123.35 financial institutions or public or private retirement funds; 123.36 and 124.1 (iii) imposing liens in accordance with section 548.091, 124.2 and, in appropriate cases, forcing the sale of property and the 124.3 distribution of proceeds; 124.4 (7) for the purpose of securing overdue support, increase 124.5 the amount of the monthly support payments by an additional 124.6 amount equal to 20 percent of the monthly support payment to 124.7 include amounts for debts or arrears; and 124.8 (8) subpoena an employer or payor of funds to provide 124.9 promptly information on the employment, compensation, and 124.10 benefits of an individual employed by that employer as an 124.11 employee or contractor, and to request sanctions for failure to 124.12 respond to the subpoena as provided by law. 124.13 Subd. 2. [GENETIC TESTING.] (a) A request for genetic 124.14 testing by a child, parent, or alleged parent must be supported 124.15 by a sworn statement by the person requesting genetic testing 124.16 that: 124.17 (1) alleges paternity and sets forth facts establishing a 124.18 reasonable possibility of the requisite sexual contact between 124.19 the parties; or 124.20 (2) denies paternity and sets forth facts establishing a 124.21 reasonable possibility of the nonexistence of sexual contact 124.22 between the alleged parties. 124.23 (b) The order for genetic tests may be served anywhere 124.24 within the state and served outside the state in the same manner 124.25 as prescribed by law for service of subpoenas issued by the 124.26 district court of this state. 124.27 (c) If the child, parent, or alleged parent fails to comply 124.28 with the genetic testing order, the public authority may seek to 124.29 enforce that order in district court through a motion to compel 124.30 testing. 124.31 (d) No results obtained through genetic testing done in 124.32 response to an order issued under this section may be used in a 124.33 criminal proceeding. 124.34 Subd. 3. [SUBPOENAS.] (a) Subpoenas may be served anywhere 124.35 within the state and served outside the state in the same manner 124.36 as prescribed by law for service of process of subpoenas issued 125.1 by the district court of this state. When a subpoena under this 125.2 subdivision is served on a third-party recordkeeper, written 125.3 notice of the subpoena must be mailed to the person who is the 125.4 subject of the subpoenaed material at the person's last known 125.5 address within three days of the day the subpoena is served. 125.6 This notice provision does not apply if there is reasonable 125.7 cause to believe the giving of the notice may lead to 125.8 interference with the production of the subpoenaed documents. 125.9 (b) A person served with a subpoena may make a written 125.10 objection to the public authority or court before the time 125.11 specified in the subpoena for compliance. The public authority 125.12 or the court may cancel or modify the subpoena, if appropriate. 125.13 The public authority must pay the reasonable costs of producing 125.14 the documents, if requested. 125.15 (c) Subpoenas are enforceable in the same manner as 125.16 subpoenas of the district court. Upon motion of the county 125.17 attorney, the court may issue an order directing the production 125.18 of the records. A person who fails to comply with the court 125.19 order is subject to civil or criminal contempt of court. 125.20 Subd. 4. [DUE PROCESS.] The administrative actions under 125.21 this section are subject to due process safeguards, including 125.22 requirements for notice, opportunity to contest the action, and 125.23 opportunity to appeal the order to a judge, judicial officer, or 125.24 child support magistrate. 125.25 Sec. 36. [517C.44] [SHARING OF INFORMATION; DATA.] 125.26 Subdivision 1. [GENERAL.] The public authority may share 125.27 available and relevant information on the parties in order to 125.28 perform its duties under this chapter or under supreme court 125.29 rules governing the expedited child support hearing process 125.30 under section 484.702, subject to the limitations of subdivision 125.31 3, section 256.87, subdivision 8, and section 257.70. 125.32 Subd. 2. [DATA DISCLOSED TO AN ATTORNEY OF THE PUBLIC 125.33 AUTHORITY.] (a) Data disclosed by an applicant for, or recipient 125.34 of, child support services to an attorney employed by, or under 125.35 contract with, the public authority is private data on an 125.36 individual. However, the data may be disclosed under section 126.1 13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and in 126.2 order to obtain, modify, or enforce child support, medical 126.3 support, and parentage determinations. 126.4 (b) An attorney employed by, or under contract with, the 126.5 public authority may disclose additional information received 126.6 from an applicant for, or recipient of, services for other 126.7 purposes with the consent of the individual applicant for, or 126.8 recipient of, child support services. 126.9 Subd. 3. [PROHIBITED DISCLOSURE.] In all proceedings under 126.10 this chapter in which public assistance is assigned under 126.11 section 256.741, or the public authority provides services to a 126.12 party or parties to the proceedings, notwithstanding statutory 126.13 or other authorization for the public authority to release 126.14 private data on the location of a party to the action, 126.15 information on the location of one party may not be released by 126.16 the public authority to the other party if: 126.17 (1) the public authority has knowledge that a protective 126.18 order with respect to the other party has been entered; or 126.19 (2) the public authority has reason to believe that the 126.20 release of the information may result in physical or emotional 126.21 harm to the other party. 126.22 Sec. 37. [517C.45] [SUFFICIENCY OF NOTICE.] 126.23 Automated child support notices sent by the public 126.24 authority which do not require service are sufficient notice 126.25 when issued and mailed by first class mail to the person's last 126.26 known address. 126.27 Sec. 38. [517C.50] [CHILD SUPPORT PAYMENT CENTER; CENTRAL 126.28 COLLECTIONS UNIT.] 126.29 Subdivision 1. [CREATION.] (a) The commissioner of human 126.30 services must create and maintain a central collections unit to 126.31 receive, process, and disburse payments, and to maintain a 126.32 record of payments in cases when: 126.33 (1) the public authority is a party; 126.34 (2) the public authority provides child support enforcement 126.35 services to a party; or 126.36 (3) payment is collected through income withholding. 127.1 (b) The commissioner may contract for services to carry out 127.2 these provisions if the commissioner first meets and negotiates 127.3 with the affected exclusive representatives. 127.4 Subd. 2. [CREDITOR COLLECTIONS.] The central collections 127.5 unit under this section is not a third party under chapters 550, 127.6 552, and 571 for purposes of creditor collection efforts against 127.7 child support and maintenance order obligors or obligees, and is 127.8 not subject to creditor levy, attachment, or garnishment. 127.9 Sec. 39. [517C.51] [MANDATORY PAYMENT OF OBLIGATIONS TO 127.10 CENTRAL COLLECTIONS UNIT.] 127.11 Subdivision 1. [GENERAL.] All payments described in 127.12 section 517C.50 must be made to the central collections unit. 127.13 Subd. 2. [LOCAL PAYMENT; TRANSMITTAL.] The public 127.14 authority must provide a location for obligors to pay child 127.15 support in each local jurisdiction. When the public authority 127.16 receives a payment it must transmit the funds to the central 127.17 collections unit within one working day. 127.18 Subd. 3. [INCENTIVES.] Notwithstanding a rule to the 127.19 contrary, incentives must be paid to the county providing 127.20 services and maintaining the case to which the payment is 127.21 applied. Incentive payments awarded for the collection of child 127.22 support must be based solely upon payments processed by the 127.23 central collections unit. Incentive payments received by the 127.24 county under this subdivision must be used for county child 127.25 support collection efforts. 127.26 Subd. 4. [ELECTRONIC FUNDS TRANSFER.] The central 127.27 collections unit may receive and disburse funds electronically. 127.28 Subd. 5. [REQUIRED CONTENT OF ORDER.] A tribunal issuing 127.29 an order that establishes or modifies a payment must issue an 127.30 income withholding order in conformity with section 517C.52. 127.31 The automatic income withholding order must include the name of 127.32 the obligor, the obligor's social security number, the obligor's 127.33 date of birth, and the name and address of the obligor's 127.34 employer. The street mailing address and the electronic mail 127.35 address for the central collections unit must be included in 127.36 each automatic income withholding order issued by a tribunal. 128.1 Subd. 6. [TRANSMITTAL OF ORDER TO THE PUBLIC AUTHORITY BY 128.2 THE TRIBUNAL.] The tribunal must transmit a copy of the order 128.3 establishing or modifying the payment, and a copy of the 128.4 automatic income withholding order, to the public authority 128.5 within two working days of the approval of the order by the 128.6 judge or child support magistrate or other person or entity 128.7 authorized to sign the automatic withholding order. 128.8 Subd. 7. [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 128.9 OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 128.10 payor of funds must identify the obligor on the check or 128.11 remittance by name, payor number, and social security number, 128.12 and must comply with section 517C.52. 128.13 Subd. 8. [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 128.14 FUNDS.] A notice may be directed to a person or entity 128.15 submitting a check drawn on insufficient funds stating that 128.16 future payments must be made by cash or certified funds. The 128.17 central collections unit and the public authority may refuse a 128.18 check from a person or entity that has been given notice that 128.19 payments must be in cash or certified funds. 128.20 Subd. 9. [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 128.21 record of payments maintained by the central collections unit is 128.22 admissible evidence in all tribunals as proof of payments made 128.23 through the central collections unit without the need of 128.24 testimony to prove authenticity. 128.25 Subd. 10. [TRANSITION PROVISIONS.] (a) The commissioner of 128.26 human services must develop a plan for the implementation of the 128.27 central collections unit. The plan must require that payments 128.28 be redirected to the central collections unit. Payments may be 128.29 redirected in groups according to county of origin, county of 128.30 payment, method of payment, type of case, or any other 128.31 distinguishing factor designated by the commissioner. 128.32 (b) Notice that payments must be made to the central 128.33 collections unit must be provided to the obligor and to the 128.34 payor of funds at least 30 days before payments are redirected 128.35 to the central collections unit. After the notice has been 128.36 provided to the obligor or payor of funds, mailed payments 129.1 received by the public authority must be forwarded to the 129.2 central collections unit. A notice must be sent to the obligor 129.3 or payor of funds stating that payment application may be 129.4 delayed and must provide directions to submit future payments to 129.5 the central collections unit. 129.6 Subd. 11. [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 129.7 commissioner of human services may establish a revolving account 129.8 to cover funds issued in error due to insufficient funds or 129.9 other reasons. Appropriations for this purpose and all 129.10 recoupments against payments from the account must be deposited 129.11 in the collections unit's recoupment account and are 129.12 appropriated to the commissioner. An unexpended balance in the 129.13 account does not cancel, but is available until expended. 129.14 Sec. 40. [517C.52] [INCOME WITHHOLDING; GENERAL.] 129.15 Subdivision 1. [APPLICATION.] Sections 517C.52 to 517C.62 129.16 apply to all support orders issued by a court or an 129.17 administrative tribunal and orders for or notices of withholding 129.18 issued by the public authority according to section 517C.43, 129.19 subdivision 1, clause (5). 129.20 Subd. 2. [ORDER.] (a) Every support order must address 129.21 income withholding. Whenever a support order is initially 129.22 entered or modified, the full amount of the support order must 129.23 be withheld from the income of the obligor and forwarded to the 129.24 public authority. Sections 517C.51 to 517C.62 apply regardless 129.25 of the source of income of the person obligated to pay the child 129.26 support. 129.27 (b) A payor of funds must implement income withholding 129.28 according to sections 517C.51 to 517C.62 upon receipt of an 129.29 order for or notice of withholding. The notice of withholding 129.30 must be on a form provided by the commissioner of human services. 129.31 Subd. 3. [NOTICE; INCOME WITHHOLDING AND COLLECTION 129.32 SERVICES.] (a) The commissioner of human services must prepare 129.33 and make available to the courts a notice of services that 129.34 explains child support and maintenance collection services 129.35 available through the public authority, including income 129.36 withholding. Upon receiving a petition for dissolution of 130.1 marriage or legal separation, the court administrator must 130.2 promptly send the notice of services to the petitioner and 130.3 respondent at the addresses stated in the petition. 130.4 (b) Upon receipt of a support order requiring income 130.5 withholding, a petitioner or respondent, who is not a recipient 130.6 of public assistance and does not receive child support services 130.7 from the public authority, must apply to the public authority 130.8 for either full child support collection services or for income 130.9 withholding only services. 130.10 (c) For those persons applying for income withholding only 130.11 services, a monthly service fee of $15 must be charged to the 130.12 obligor. This fee is in addition to the amount of the support 130.13 order and must be withheld through income withholding. The 130.14 public authority must explain the service options in this 130.15 section to the affected parties and encourage the application 130.16 for full child support collection services. 130.17 Subd. 4. [CONTRACT FOR SERVICE.] To carry out income 130.18 withholding, the public authority may contract for services, 130.19 including the use of electronic funds transfer. 130.20 Subd. 5. [ELECTRONIC TRANSMISSION.] Orders or notices for 130.21 income withholding may be transmitted for enforcement purposes 130.22 by electronic means. 130.23 Sec. 41. [517C.53] [WAIVER OF INCOME WITHHOLDING.] 130.24 (a) If child support is not assigned to the public 130.25 authority, the court may waive income withholding requirements 130.26 if it finds there are no arrears as of the date of the hearing 130.27 and: 130.28 (1) one party demonstrates and the court finds there is 130.29 good cause to waive the requirements of sections 517C.51 to 130.30 517C.62 or to terminate an order for or notice of income 130.31 withholding previously entered; or 130.32 (2) all parties reach an agreement and the agreement is 130.33 approved by the court after a finding that the agreement is 130.34 likely to result in regular and timely payments. The court's 130.35 findings waiving the requirements of this paragraph must include 130.36 a written explanation of the reasons why income withholding 131.1 would not be in the best interests of the child. 131.2 (b) In addition to the other requirements in this section, 131.3 if the case involves a modification of support, the court must 131.4 make a finding that support has been timely made. 131.5 (c) If the court waives income withholding, the obligee or 131.6 obligor may at any time request subsequent income withholding 131.7 under section 517C.59. 131.8 Sec. 42. [517C.54] [PAYOR OF FUNDS RESPONSIBILITIES.] 131.9 Subdivision 1. [ACTIVATION.] An order for or notice of 131.10 withholding is binding on a payor of funds upon receipt. 131.11 Withholding must begin no later than the first pay period that 131.12 occurs after 14 days following the date of receipt of the order 131.13 for or notice of withholding. In the case of a financial 131.14 institution, preauthorized transfers must occur in accordance 131.15 with a court-ordered payment schedule. 131.16 Subd. 2. [PROCEDURE.] A payor of funds must withhold from 131.17 the income payable to the obligor the amount specified in the 131.18 order or notice of withholding and amounts specified under 131.19 sections 517C.58 and 517C.63 and must remit the amounts withheld 131.20 to the public authority within seven business days of the date 131.21 the obligor is paid the remainder of the income. The payor of 131.22 funds must include with the remittance the social security 131.23 number of the obligor, the case type indicator as provided by 131.24 the public authority, and the date the obligor is paid the 131.25 remainder of the income. The obligor is considered to have paid 131.26 the amount withheld as of the date the obligor received the 131.27 remainder of the income. A payor of funds may combine all 131.28 amounts withheld from one pay period into one payment to each 131.29 public authority, but must separately identify each obligor 131.30 making payment. 131.31 Subd. 3. [RETALIATION PROHIBITED.] A payor of funds must 131.32 not discharge, or refuse to hire, or otherwise discipline an 131.33 employee as a result of wage or salary withholding authorized by 131.34 this chapter. 131.35 Subd. 4. [UPDATED ORDERS.] If more than one order for or 131.36 notice of withholding exists involving the same obligor and 132.1 child, the public authority must enforce the most recent order 132.2 or notice. An order for or notice of withholding that was 132.3 previously implemented according to this chapter ends as of the 132.4 date of the most recent order. The public authority must notify 132.5 the payor of funds to withhold under the most recent withholding 132.6 order or notice. 132.7 Subd. 5. [NOTIFICATION OF TERMINATION.] When an order for 132.8 or notice of withholding is in effect and the obligor's 132.9 employment is terminated, the obligor and the payor of funds 132.10 must notify the public authority of the termination within ten 132.11 days of the termination date. The termination notice must 132.12 include the obligor's home address and the name and address of 132.13 the obligor's new payor of funds, if known. 132.14 Subd. 6. [EXPENSES.] A payor of funds may deduct $1 from 132.15 the obligor's remaining salary for each payment made pursuant to 132.16 an order for or notice of withholding under this chapter to 132.17 cover the expenses of withholding. 132.18 Sec. 43. [517C.55] [LUMP-SUM PAYMENTS.] 132.19 Subdivision 1. [APPLICATION.] (a) This section applies to 132.20 lump-sum payments of $500 or more including, but not limited to, 132.21 severance pay, accumulated sick pay, vacation pay, bonuses, 132.22 commissions, or other pay or benefits. 132.23 (b) The Consumer Credit Protection Act, United States Code, 132.24 title 15, section 1673(b), does not apply to lump-sum payments. 132.25 Subd. 2. [PAYOR OF FUNDS RESPONSIBILITIES.] Before 132.26 transmitting a lump-sum payment to an obligor, a payor of funds 132.27 who has been served with an order for or notice of income 132.28 withholding under this chapter must: 132.29 (1) notify the public authority of the lump-sum payment 132.30 that is to be paid to the obligor; and 132.31 (2) hold the lump-sum payment for 30 days after the date 132.32 the lump-sum payment would otherwise have been paid to the 132.33 obligor, notwithstanding sections 176.221, 176.225, 176.521, 132.34 181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota 132.35 Rules, part 1415.2000, subpart 10. 132.36 Subd. 3. [PUBLIC AUTHORITY OPTIONS.] (a) The public 133.1 authority may direct the payor of funds to pay the lump-sum 133.2 payment, up to the amount of judgments or arrears, to the public 133.3 authority if: 133.4 (1) a judgment entered pursuant to section 548.091, 133.5 subdivision 1a, exists against the obligor, or other support 133.6 arrears exist; and 133.7 (2) a portion of the judgment or arrears remains unpaid. 133.8 (b) If no judgment or arrears exist, the public authority 133.9 may seek a court order directing the payor of funds to transmit 133.10 all or a portion of the lump-sum payment to the public authority 133.11 for future support. To obtain a court order under this 133.12 paragraph, the public authority must show a past willful 133.13 nonpayment of support by the obligor. 133.14 Sec. 44. [517C.56] [PAYOR OF FUNDS LIABILITY.] 133.15 Subdivision 1. [LIABILITY TO OBLIGEE.] A payor of funds is 133.16 liable to the obligee for amounts required to be withheld. A 133.17 payor of funds that fails to withhold or transfer funds in 133.18 accordance with this chapter is liable to the obligee for 133.19 interest on the funds at the rate applicable to judgments under 133.20 section 549.09, computed from the date the funds were required 133.21 to be withheld or transferred. A payor of funds is liable for 133.22 reasonable attorney fees of the obligee or public authority 133.23 incurred in enforcing the liability under this paragraph. A 133.24 payor of funds that has failed to comply with the requirements 133.25 of sections 517C.51 to 517C.62 is subject to contempt sanctions 133.26 under section 517C.57. If the payor of funds is an employer or 133.27 independent contractor and violates this subdivision, a court 133.28 may award the obligor twice the wages lost as a result of this 133.29 violation. If a court finds a payor of funds violated this 133.30 subdivision, the court must impose a civil fine of not less than 133.31 $500. 133.32 Subd. 2. [NONLIABILITY FOR COMPLIANCE.] A payor of funds 133.33 is not subject to civil liability to any individual or agency 133.34 for taking action in compliance with an income withholding order 133.35 or notice of withholding that appears regular on its face 133.36 according to this chapter or chapter 518C. 134.1 Sec. 45. [517C.57] [EMPLOYER CONTEMPT.] 134.2 Subdivision 1. [ORDERS BINDING.] Notices or orders for 134.3 income withholding or medical support issued pursuant to this 134.4 chapter are binding on the employer, trustee, or other payor of 134.5 funds after the order or notice has been transmitted to the 134.6 employer, trustee, or payor of funds. 134.7 Subd. 2. [CONTEMPT ACTION.] (a) An obligee or the public 134.8 authority may initiate a contempt action against an employer, 134.9 trustee, or payor of funds, within the action that created the 134.10 support obligation, by serving an order to show cause upon the 134.11 employer, trustee, or payor of funds. 134.12 (b) The employer, trustee, or payor of funds is presumed to 134.13 be in contempt: 134.14 (1) if the employer, trustee, or payor of funds has 134.15 intentionally failed to withhold support after receiving the 134.16 order or notice for income withholding or notice of enforcement 134.17 of medical support; or 134.18 (2) upon presentation of pay stubs or similar documentation 134.19 showing that the employer, trustee, or payor of funds withheld 134.20 support and demonstrating that the employer, trustee, or payor 134.21 of funds intentionally failed to remit support to the public 134.22 authority. 134.23 Subd. 3. [SANCTIONS.] The employer, trustee, or payor of 134.24 funds is liable to the obligee or the public authority for 134.25 amounts required to be withheld that were not paid. The court 134.26 may enter judgment against the employer, trustee, or payor of 134.27 funds for support not withheld or remitted. An employer, 134.28 trustee, or payor of funds found guilty of contempt must be 134.29 punished by a fine of not more than $250 as provided in chapter 134.30 588. The court may also impose other contempt sanctions 134.31 authorized under chapter 588. 134.32 Sec. 46. [517C.58] [PRIORITY OF INCOME WITHHOLDING ORDERS; 134.33 MAXIMUM WITHHOLDING.] 134.34 Subdivision 1. [PRIORITY.] (a) An order for or notice of 134.35 withholding under this chapter or execution or garnishment upon 134.36 a judgment for child support arrears or preadjudicated expenses 135.1 has priority over an attachment, execution, garnishment, or wage 135.2 assignment and is not subject to the statutory limitations on 135.3 amounts levied against the income of the obligor. Amounts 135.4 withheld from an employee's income must not exceed the maximum 135.5 permitted under the Consumer Credit Protection Act, United 135.6 States Code, title 15, section 1673(b). 135.7 Subd. 2. [MULTIPLE ORDERS.] If a single employee is 135.8 subject to multiple withholding orders or multiple notices of 135.9 withholding for the support of more than one child, the payor of 135.10 funds must comply with all of the orders or notices to the 135.11 extent that the total amount withheld from the obligor's income 135.12 does not exceed the limits imposed under the Consumer Credit 135.13 Protection Act, United States Code, title 15, section 1673(b), 135.14 giving priority to amounts designated in each order or notice as 135.15 current support as follows: 135.16 (1) if the total of the amounts designated in the orders 135.17 for or notices of withholding as current support exceeds the 135.18 amount available for income withholding, the payor of funds must 135.19 allocate to each order or notice an amount for current support 135.20 equal to the amount designated in that order or notice as 135.21 current support, divided by the total of the amounts designated 135.22 in the orders or notices as current support, multiplied by the 135.23 amount of the income available for income withholding; and 135.24 (2) if the total of the amounts designated in the orders 135.25 for or notices of withholding as current support does not exceed 135.26 the amount available for income withholding, the payor of funds 135.27 must pay the amounts designated as current support, and must 135.28 allocate to each order or notice an amount for past due support, 135.29 equal to the amount designated in that order or notice as past 135.30 due support, divided by the total of the amounts designated in 135.31 the orders or notices as past due support, multiplied by the 135.32 amount of income remaining available for income withholding 135.33 after the payment of current support. 135.34 Sec. 47. [517C.59] [SUBSEQUENT INCOME WITHHOLDING.] 135.35 Subdivision 1. [APPLICATION.] This section applies to 135.36 support orders that do not contain provisions for income 136.1 withholding. 136.2 Subd. 2. [WHEN THE PUBLIC AUTHORITY IS A PARTY.] If the 136.3 public authority is a party, income withholding under this 136.4 section takes effect without prior judicial notice to the 136.5 obligor and without the need for judicial or administrative 136.6 hearing. Withholding must be initiated when: 136.7 (1) the obligor requests it in writing to the public 136.8 authority; 136.9 (2) the obligee or obligor serves on the public authority a 136.10 copy of the notice of income withholding, a copy of the court's 136.11 order, an application, and the fee to use the public authority's 136.12 collection services; or 136.13 (3) the public authority commences withholding under 136.14 section 517C.43. 136.15 Subd. 3. [WHEN THE PUBLIC AUTHORITY IS NOT A PARTY.] If 136.16 the public authority is not a party, income withholding under 136.17 this section must be initiated when an obligee requests it by 136.18 making a written motion to the court and the court finds that 136.19 previous support has not been paid on a timely consistent basis 136.20 or that the obligor has threatened expressly or otherwise to 136.21 stop or reduce payments. 136.22 Subd. 4. [NOTICE.] Within two days after the public 136.23 authority commences withholding under this section, the public 136.24 authority must send to the obligor at the obligor's last known 136.25 address, notice that withholding has commenced. The notice must 136.26 include the information provided to the payor of funds in the 136.27 notice of withholding. 136.28 Subd. 5. [CONTEST.] (a) The obligor may contest 136.29 withholding under this section on the limited grounds that the 136.30 withholding or the amount withheld is improper due to mistake of 136.31 fact. An obligor who chooses to contest the withholding must do 136.32 so no later than 15 days after the employer commences 136.33 withholding, by doing all of the following: 136.34 (1) file a request for an expedited child support hearing 136.35 under section 484.702, and include in the request the alleged 136.36 mistake of fact; 137.1 (2) serve a copy of the request for contested hearing upon 137.2 the public authority and the obligee; and 137.3 (3) secure a date for the contested hearing no later than 137.4 45 days after receiving notice that withholding has commenced. 137.5 (b) The income withholding must remain in place while the 137.6 obligor contests the withholding. 137.7 (c) If the court finds a mistake in the amount of the 137.8 arrears to be withheld, the court must continue the income 137.9 withholding, but it must correct the amount of the arrears to be 137.10 withheld. 137.11 Sec. 48. [517C.60] [INCOME WITHHOLDING; ARREARS ORDER.] 137.12 (a) In addition to ordering income withholding for current 137.13 support the court may order the payor of funds to withhold 137.14 amounts to satisfy the obligor's previous arrears in support 137.15 order payments. Use of this remedy does not exclude the use of 137.16 other remedies to enforce judgments. The employer or payor of 137.17 funds must withhold from the obligor's income an additional 137.18 amount equal to 20 percent of the monthly child support 137.19 obligation until the arrears are paid. 137.20 (b) Notwithstanding any law to the contrary, funds from 137.21 income sources included in section 517C.12, subdivision 1, 137.22 whether periodic or lump-sum, are not exempt from attachment or 137.23 execution upon a judgment for child support arrears. 137.24 (c) Absent an order to the contrary, if arrears exist at 137.25 the time a support order would otherwise terminate, income 137.26 withholding continues in effect or may be implemented in an 137.27 amount equal to the support order plus an additional 20 percent 137.28 of the monthly child support obligation, until all arrears have 137.29 been paid in full. 137.30 Sec. 49. [517C.61] [INTERSTATE INCOME WITHHOLDING.] 137.31 (a) Upon receipt of an order for support entered in another 137.32 state and the specified documentation from an authorized agency, 137.33 the public authority must implement income withholding. A payor 137.34 of funds in this state must withhold income under court orders 137.35 for withholding issued by other states or territories. 137.36 (b) An employer receiving an income withholding notice from 138.1 another state must withhold and distribute the funds as directed 138.2 in the withholding notice and must apply the law of the 138.3 obligor's principal place of employment when determining: 138.4 (1) the employer's fee for processing an income withholding 138.5 notice; 138.6 (2) the maximum amount permitted to be withheld from the 138.7 obligor's income; and 138.8 (3) deadlines for implementing and forwarding the child 138.9 support payment. 138.10 (c) An obligor may contest withholding under this section 138.11 pursuant to section 518C.506. 138.12 Sec. 50. [517C.62] [ORDER TERMINATING INCOME WITHHOLDING.] 138.13 Subdivision 1. [GENERAL PROCEDURE.] (a) An order 138.14 terminating income withholding must specify the effective date 138.15 of the order and reference the initial order or decree that 138.16 establishes the support obligation. An order terminating income 138.17 withholding must be entered if: 138.18 (1) the obligor serves written notice of the application 138.19 for termination of income withholding by mail upon the obligee 138.20 at the obligee's last known mailing address, and a duplicate 138.21 copy of the application is served on the public authority; 138.22 (2) the application for termination of income withholding 138.23 specifies the event that terminates the support obligation, the 138.24 effective date of the termination of the support obligation, and 138.25 the applicable provisions of the order or decree that 138.26 established the support obligation; and 138.27 (3) the application includes the complete name of the 138.28 obligor's payor of funds, the business mailing address, the 138.29 court action and court file number, and the support and 138.30 collections file number, if known. 138.31 (b) The obligee or the public authority may request a 138.32 contested hearing on the issue of whether income withholding 138.33 should continue. The request must be made within 20 days of 138.34 receiving an application for termination of income withholding. 138.35 The request must clearly specify the basis for continuing income 138.36 withholding. The obligee or public authority may make an ex 139.1 parte motion to stay the service of an order terminating income 139.2 withholding upon the obligor's payor of funds pending the 139.3 outcome of the contested hearing. 139.4 Subd. 2. [TERMINATION BY THE PUBLIC AUTHORITY.] (a) If the 139.5 public authority determines that income withholding is no longer 139.6 applicable, the public authority must notify the obligee and the 139.7 obligor of intent to terminate income withholding. 139.8 (b) Five days after notification to the obligee and 139.9 obligor, the public authority must issue a notice to the payor 139.10 of funds terminating income withholding. A court order is not 139.11 required unless the obligee has requested an expedited child 139.12 support hearing under section 484.702. 139.13 Sec. 51. [517C.63] [CHILD SUPPORT DEPOSIT ACCOUNT; 139.14 FINANCIAL INSTITUTIONS.] 139.15 Subdivision 1. [APPLICATION.] If income withholding is 139.16 ineffective due to the obligor's method of obtaining income, the 139.17 court must order the obligor to identify a child support deposit 139.18 account owned solely by the obligor, or to establish an account, 139.19 in a financial institution located in this state for the purpose 139.20 of depositing court-ordered child support payments. The court 139.21 must order the obligor to execute an agreement with the 139.22 appropriate public authority for preauthorized transfers from 139.23 the obligor's child support account payable to an account of the 139.24 public authority. The court must order the obligor to disclose 139.25 to the court all deposit accounts owned by the obligor in whole 139.26 or in part in any financial institution. The court may order 139.27 the obligor to disclose to the court the opening or closing of 139.28 any deposit account owned in whole or in part by the obligor 139.29 within 30 days of the opening or closing. The court may order 139.30 the obligor to execute an agreement with the appropriate public 139.31 authority for preauthorized transfers from any deposit account 139.32 owned in whole or in part by the obligor to the obligor's child 139.33 support deposit account if necessary to satisfy court-ordered 139.34 child support payments. The court may order a financial 139.35 institution to disclose to the court the account number and any 139.36 other information regarding accounts owned in whole or in part 140.1 by the obligor. An obligor who fails to comply with this 140.2 subdivision, fails to deposit funds in at least one deposit 140.3 account sufficient to pay court-ordered child support, or stops 140.4 payment or revokes authorization of a preauthorized transfer is 140.5 subject to contempt of court procedures under chapter 588. 140.6 Subd. 2. [TRANSFERS.] A financial institution must execute 140.7 preauthorized transfers for the deposit accounts of the obligor 140.8 in the amount specified in the order and amounts required under 140.9 this section as directed by the public authority. A financial 140.10 institution is liable to the obligee if funds in any of the 140.11 obligor's deposit accounts identified in the court order equal 140.12 the amount stated in the preauthorization agreement but are not 140.13 transferred by the financial institution in accordance with the 140.14 agreement. 140.15 Sec. 52. [517C.64] [ESCROW ACCOUNT.] 140.16 Subdivision 1. [ESTABLISHMENT.] (a) When determining or 140.17 modifying a support order the court must not order income 140.18 withholding otherwise required under sections 517C.51 to 517C.62 140.19 if: 140.20 (1) the court finds there are no arrears as of the date of 140.21 the court hearing; 140.22 (2) the obligor establishes a savings account for a sum 140.23 equal to two months of the monthly child support obligation; and 140.24 (3) the obligor provides proof of the existence of the 140.25 account to the court and the public authority prior to the 140.26 issuance of the order. Proof of the establishment must include 140.27 the financial institution name and address, account number, and 140.28 the amount of deposit. 140.29 (b) An account established under paragraph (a) must: 140.30 (1) be at a financial institution; 140.31 (2) bear interest; and 140.32 (3) authorize the public authority as the sole drawer of 140.33 funds. 140.34 Subd. 2. [DEFAULT.] (a) If a child support payment is ten 140.35 days or more past due, the obligee may transmit a notice of 140.36 default to the public authority and apply for child support 141.1 collection services. The notice must be verified by the obligee 141.2 and must contain the title of the action, the court file number, 141.3 the full name and address of the obligee, the name and last 141.4 known address of the obligor, the obligor's last known employer 141.5 or other payor of funds, the date of the first unpaid amount, 141.6 the date of the last unpaid amount, and the total amount unpaid. 141.7 (b) Within three working days of receiving a notice of 141.8 default, the public authority must: 141.9 (1) withdraw the funds held at the financial institution 141.10 under this section; and 141.11 (2) send a copy of the notice of default and a notice of 141.12 intent to implement income withholding by mail to the obligor at 141.13 the obligor's last known address. 141.14 (c) The notice of intent to implement income withholding 141.15 must state that the support order will be served on the 141.16 obligor's employer or payor of funds unless within 15 days of 141.17 the date of the notice the obligor: 141.18 (1) requests a hearing on the issue of whether payment was 141.19 in default as of the date of the notice of default; and 141.20 (2) serves notice of the hearing request on the public 141.21 authority and the obligee. 141.22 Subd. 3. [DUTIES OF THE PUBLIC AUTHORITY.] (a) Within 141.23 three working days of withdrawing sums under subdivision 2, the 141.24 public authority must remit all amounts not assigned to the 141.25 public authority to the obligee as current support. 141.26 (b) The public authority must also serve a copy of the 141.27 court's order and the provisions of sections 517C.51 to 517C.62 141.28 and this section on the obligor's employer or other payor of 141.29 funds unless the obligor requests a hearing under subdivision 2, 141.30 paragraph (c). 141.31 (c) The public authority must inform the obligor's employer 141.32 or other payor of funds of the date the next support payment is 141.33 due. Income withholding must begin on that date and must 141.34 reflect the total credits of principal and interest amounts 141.35 received from the escrow account. 141.36 Subd. 4. [HEARING.] (a) If the obligor requests a hearing 142.1 under subdivision 2, paragraph (c), the court must hold a 142.2 hearing within 30 days of the date of the notice of default 142.3 under subdivision 2, paragraph (a). 142.4 (b) If the court finds that there was a default, the court 142.5 must order the immediate withholding of support from the 142.6 obligor's income. 142.7 (c) If the court finds that there was no default, the court 142.8 must order the reestablishment of the escrow account by either 142.9 the obligee or obligor and must not order income withholding. 142.10 Subd. 5. [TERMINATION OF ESCROW ACCOUNT.] (a) When the 142.11 support obligation ends under the terms of the order or decree 142.12 establishing the obligation and the sum held under this section 142.13 has not otherwise been released, the public authority must 142.14 release the sum and interest to the obligor if the obligor 142.15 transmits a notice of termination to the public authority. The 142.16 notice must be verified by the obligor and must indicate: 142.17 (1) the title of the action; 142.18 (2) the court file number; 142.19 (3) the full name and address of the obligee; 142.20 (4) the event that ends the support obligation; 142.21 (5) the effective date of the termination of support 142.22 obligation; and 142.23 (6) the applicable provisions of the order or decree that 142.24 established the support obligation. 142.25 (b) The public authority must send a copy of the notice of 142.26 termination to the obligee. 142.27 (c) The obligee or the public authority may request a 142.28 hearing on the issues of whether the support obligation 142.29 continues and whether the escrow account should continue. The 142.30 request must be made and served on the other parties within 20 142.31 days of receiving a notice of termination. 142.32 Sec. 53. [517C.65] [TRUSTEE.] 142.33 Subdivision 1. [APPOINTMENT.] Upon its own motion or upon 142.34 motion of either party, the court may appoint a trustee, when it 142.35 is deemed expedient, to receive money ordered to be paid as 142.36 child support for remittance to the person entitled to receive 143.1 the payments. The trustee may also receive property that is 143.2 part of an award for division of marital property. The trustee 143.3 must hold the property in trust to invest and pay over the 143.4 income in the manner the court directs, or to pay over the 143.5 principal sum in the proportions and at the times the court 143.6 orders. In all cases, the court must consider the situation and 143.7 circumstances of the recipient, and the children, if any. The 143.8 trust must give a bond, as the court requires, for the faithful 143.9 performance of the trust. If it appears that the recipient of 143.10 money ordered to be paid as support will receive public 143.11 assistance, the court must appoint the public authority as 143.12 trustee. 143.13 Subd. 2. [RECORDS.] The trustee must maintain records 143.14 listing the amount of payments, the date when payments are 143.15 required to be made, and the names and addresses of the parties 143.16 affected by the order. 143.17 Subd. 3. [COMMUNICATION.] The parties affected by the 143.18 order must inform the trustee of a change of address or of other 143.19 conditions that may affect the administration of the order. 143.20 Subd. 4. [LATE PAYMENT.] If a required support payment is 143.21 ten days or more overdue, the trustee must send the obligor 143.22 notice of the arrears by first class mail. If payment of the 143.23 sum due is not received by the trustee within ten days after 143.24 sending notice, the trustee must certify the amount due to the 143.25 public authority, whenever that authority is not the trustee. 143.26 If the public authority refers the arrears to the county 143.27 attorney, the county attorney may initiate enforcement 143.28 proceedings against the obligor for support. 143.29 Sec. 54. [517C.66] [OVERPAYMENTS.] 143.30 If child support is not assigned under section 256.741, and 143.31 an obligor has overpaid a child support obligation because of a 143.32 modification or error in the amount owed, the public authority 143.33 must: 143.34 (1) apply the amount of the overpayment to reduce the 143.35 amount of child support arrears or debts owed to the obligee; 143.36 and 144.1 (2) if an overpayment exists after the reduction of arrears 144.2 or debt, reduce the amount of the child support remitted to the 144.3 obligee by an amount no greater than 20 percent of the current 144.4 monthly support obligation and remit this amount to the obligor 144.5 until the overpayment is reduced to zero. 144.6 Sec. 55. [517C.67] [ALTERNATE NOTICE OF COURT ORDER.] 144.7 Whenever this chapter requires service of a court's order 144.8 on an employer, union, or payor of funds, service of a verified 144.9 notice of order may be made in lieu of the order. The verified 144.10 notice must contain the title of the action, the name of the 144.11 court, the court file number, the date of the court order, and 144.12 must recite the operative provisions of the order. 144.13 Sec. 56. [517C.70] [CHILD SUPPORT AND PARENTING TIME ARE 144.14 INDEPENDENT.] 144.15 (a) Failure by a party to make support payments is not a 144.16 defense to: 144.17 (1) interference with parenting time rights; or 144.18 (2) removing a child from this state without the permission 144.19 of the court or of a parent who has been given parenting time. 144.20 (b) Interference with parenting time rights or taking a 144.21 child from this state without permission of the court or of a 144.22 parent who has been given parenting time is not a defense to 144.23 nonpayment of support. 144.24 (c) If a party fails to make support payments, interferes 144.25 with parenting time rights, or removes a child from this state 144.26 without permission of the court or of a parent who has been 144.27 given parenting time, the other party may petition the court for 144.28 an appropriate order. 144.29 Sec. 57. [517C.705] [SIX-MONTH REVIEW.] 144.30 A decree or order that establishes child support rights and 144.31 obligations must contain a review date six months after its 144.32 entry according to section 517A.25. 144.33 Sec. 58. [517C.71] [PAYMENT AGREEMENTS.] 144.34 Subdivision 1. [GENERAL REQUIREMENTS.] An obligor who has 144.35 child support arrears may enter into a payment agreement that 144.36 addresses payment of both current and overdue support. Payment 145.1 agreements must: 145.2 (1) be in writing; 145.3 (2) address both current support and arrears; and 145.4 (3) be approved by the court, a child support magistrate, 145.5 or the public authority. 145.6 Subd. 2. [CONSIDERATIONS.] In proposing or approving 145.7 proposed payment agreements for purposes of this chapter, the 145.8 court, a child support magistrate, or the public authority must 145.9 take into consideration the amount of the arrears, the amount of 145.10 the current support order, any pending request for modification, 145.11 and the earnings of the obligor. The court, child support 145.12 magistrate, or public authority must consider the individual 145.13 financial circumstances of each obligor in evaluating the 145.14 obligor's ability to pay a proposed payment agreement and must 145.15 propose a reasonable payment agreement tailored to the 145.16 individual financial circumstances of each obligor. 145.17 Sec. 59. [517C.72] [SEEK EMPLOYMENT ORDERS.] 145.18 Subdivision 1. [COURT ORDER.] (a) When the public 145.19 authority is enforcing a support order, the public authority may 145.20 seek a court order requiring an obligor to seek employment if: 145.21 (1) employment of the obligor cannot be verified; 145.22 (2) the obligor has child support arrears amounting to at 145.23 least three times the obligor's total monthly support payments; 145.24 and 145.25 (3) the obligor is not in compliance with a payment 145.26 agreement. 145.27 (b) Upon proper notice to the obligor, the court may enter 145.28 a seek employment order if it finds that the obligor has not 145.29 provided proof of gainful employment and has not consented to an 145.30 order for income withholding or entered into a payment agreement. 145.31 Subd. 2. [CONTENTS OF ORDER.] The order to seek employment 145.32 must: 145.33 (1) order that the obligor seek employment within a 145.34 determinate amount of time; 145.35 (2) order that the obligor file with the public authority a 145.36 weekly report of at least five new attempts to find employment 146.1 or of having found employment. The report must include the 146.2 names, addresses, and telephone numbers of the employers or 146.3 businesses with whom the obligor attempted to obtain employment 146.4 and the name of the individual contact at each employer or 146.5 business to whom the obligor made application for employment or 146.6 to whom an inquiry was directed; 146.7 (3) notify the obligor that failure to comply with the 146.8 order is evidence of a willful failure to pay support under 146.9 section 517C.74; 146.10 (4) order that the obligor provide the public authority 146.11 with verification of any reason for noncompliance with the 146.12 order; and 146.13 (5) specify the duration of the order, not to exceed three 146.14 months. 146.15 Sec. 60. [517C.73] [ORDER FOR COMMUNITY SERVICES.] 146.16 If the court finds that the obligor earns $400 or less per 146.17 month and does not have the ability to provide support based on 146.18 the guidelines and factors in this chapter, the court may order 146.19 the obligor to perform community services to fulfill the 146.20 obligor's support obligation. In ordering community services 146.21 under this section, the court must consider whether the obligor 146.22 has the physical capability to perform community services, and 146.23 must order community services that are appropriate for the 146.24 obligor's abilities. 146.25 Sec. 61. [517C.74] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 146.26 SUPPORT.] 146.27 Subdivision 1. [GROUNDS.] If a person against whom an 146.28 order or decree for support has been entered under this chapter, 146.29 chapter 256, or a comparable law from another jurisdiction, has 146.30 child support arrears amounting to at least three times the 146.31 obligor's total monthly support obligation and is not in 146.32 compliance with a payment agreement, the person may be cited and 146.33 punished by the court for contempt under chapter 588 or this 146.34 section. Failure to comply with a seek employment order entered 146.35 under section 517C.72 is evidence of willful failure to pay 146.36 support. 147.1 Subd. 2. [COURT OPTIONS.] (a) If a court cites a person 147.2 for contempt under this section, and the obligor lives in a 147.3 county that contracts with the commissioner of human services 147.4 under section 256.997, the court may order the performance of 147.5 community service work up to 32 hours per week for six weeks for 147.6 each finding of contempt if the obligor: 147.7 (1) is able to work full time; 147.8 (2) works an average of less than 32 hours per week; and 147.9 (3) has actual weekly gross income averaging less than 40 147.10 times the federal minimum hourly wage under United States Code, 147.11 title 29, section 206(a)(1), or is voluntarily earning less than 147.12 the obligor has the ability to earn, as determined by the court. 147.13 (b) An obligor is presumed to be able to work full time. 147.14 The obligor has the burden of proving inability to work full 147.15 time. 147.16 Subd. 3. [RELEASE.] A person ordered to do community 147.17 service work under subdivision 2 may, during the six-week 147.18 period, apply to the court, an administrative law judge, or the 147.19 public authority to be released from the community service work 147.20 requirement if the person: 147.21 (1) provides proof to the court, an administrative law 147.22 judge, or the public authority that the person is gainfully 147.23 employed and submits to an order for income withholding under 147.24 section 518.6111; 147.25 (2) enters into a payment agreement; or 147.26 (3) provides proof to the court, an administrative law 147.27 judge, or the public authority that, after entry of the order, 147.28 the person's circumstances have so changed that the person is no 147.29 longer able to fulfill the terms of the community service order. 147.30 Subd. 4. [CONTINUING OBLIGATIONS.] The performance of 147.31 community service work does not relieve an obligor of a current 147.32 support obligation or arrears. 147.33 Sec. 62. [517C.745] [SECURITY; SEQUESTRATION; CONTEMPT.] 147.34 (a) In all cases when support payments are ordered, the 147.35 court may require sufficient security to be given for the 147.36 payment of them according to the terms of the order. Upon 148.1 neglect or refusal to give security, or upon failure to pay the 148.2 support, the court may sequester the obligor's personal estate 148.3 and the rents and profits of real estate of the obligor, and 148.4 appoint a receiver of them. The court may cause the personal 148.5 estate and the rents and profits of the real estate to be 148.6 applied according to the terms of the order. 148.7 (b) The obligor is presumed to have an income from a source 148.8 sufficient to pay the support order. A child support order 148.9 constitutes prima facie evidence that the obligor has the 148.10 ability to pay the award. If the obligor disobeys the order, it 148.11 is prima facie evidence of contempt. The court may cite the 148.12 obligor for contempt under this section, section 517C.74, or 148.13 chapter 588. 148.14 Sec. 63. [517C.75] [DRIVER'S LICENSE SUSPENSION.] 148.15 Subdivision 1. [FACTORS WARRANTING SUSPENSION.] An 148.16 obligor's driver's license must be suspended if: 148.17 (1) the obligor has child support arrears amounting to at 148.18 least three times the obligor's total monthly support obligation 148.19 and the obligor is not in compliance with a payment agreement; 148.20 or 148.21 (2) the obligor has failed, after receiving notice, to 148.22 comply with a subpoena relating to a paternity or child support 148.23 proceeding. 148.24 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 148.25 of a party, the court must order the commissioner of public 148.26 safety to suspend an obligor's driver's license if the court 148.27 finds that a factor in subdivision 1 exists. 148.28 (b) The motion must be properly served and there must be an 148.29 opportunity for a hearing pursuant to court rules. If a hearing 148.30 is requested, the obligor must be served written notice of the 148.31 time and date of the hearing at least 14 days prior to the 148.32 hearing. The notice must specify the allegations against the 148.33 obligor. The notice may be served personally or by mail. 148.34 (c) The court's order must be stayed for 90 days in order 148.35 to allow the obligor to enter into a payment agreement. If the 148.36 obligor has not entered into or is not in compliance with a 149.1 payment agreement after the 90 days expire, the court's order 149.2 becomes effective and the commissioner of public safety must 149.3 suspend the obligor's driver's license. 149.4 (d) An obligee may not make a motion under this section 149.5 within 12 months of a denial of a previous motion under this 149.6 section. 149.7 (e) At a hearing regarding the obligor's failure to comply 149.8 with a subpoena, the only issues to be considered are mistake of 149.9 fact and whether the obligor received the subpoena. 149.10 Subd. 3. [SUSPENSION INITIATED BY THE PUBLIC 149.11 AUTHORITY.] (a) The public authority must direct the 149.12 commissioner of public safety to suspend an obligor's driver's 149.13 license if the public authority determines that a factor in 149.14 subdivision 1 exists. 149.15 (b) At least 90 days before directing the suspension of a 149.16 driver's license the public authority must attempt to notify the 149.17 obligor that it intends to seek suspension and that the obligor 149.18 must request a hearing within 30 days in order to contest the 149.19 suspension. The notice must be in writing and mailed to the 149.20 obligor at the obligor's last known address. 149.21 (c) If the obligor makes a written request for a hearing 149.22 within 30 days, a court hearing must be held. The public 149.23 authority must then make a motion to the court and schedule a 149.24 hearing. The matter must then proceed under subdivision 2. 149.25 (d) If the public authority does not receive a request for 149.26 a hearing within 30 days and the obligor does not enter into a 149.27 payment agreement within 90 days of the date of the notice, the 149.28 public authority must direct the commissioner of public safety 149.29 to suspend the obligor's driver's license. 149.30 Subd. 4. [FAILURE TO REMAIN IN COMPLIANCE WITH A PAYMENT 149.31 AGREEMENT.] The license of an obligor who fails to remain in 149.32 compliance with a payment agreement may be suspended. Notice to 149.33 the obligor of intent to suspend under this subdivision must be 149.34 served by first class mail at the obligor's last known address 149.35 and must include a notice of hearing. The notice must be served 149.36 upon the obligor not less than ten days before the date of the 150.1 hearing. If the obligor appears at the hearing and the judge 150.2 determines that the obligor has failed to comply with a payment 150.3 agreement, the judge must notify the department of public safety 150.4 to suspend the obligor's license. If the obligor fails to 150.5 appear at the hearing, the public authority may notify the 150.6 department of public safety to suspend the obligor's license. 150.7 Subd. 5. [REINSTATEMENT.] An obligor whose driver's 150.8 license or operating privileges are suspended may provide proof 150.9 to the public authority that the obligor is in compliance with 150.10 all payment agreements. Within 15 days of the receipt of that 150.11 proof, the public authority must inform the commissioner of 150.12 public safety that the obligor's driver's license or operating 150.13 privileges should no longer be suspended. 150.14 Subd. 6. [REPORT TO THE LEGISLATURE.] On January 15, 2003, 150.15 and every two years after that, the commissioner of human 150.16 services must submit a report to the legislature that identifies 150.17 the following information relevant to the implementation of this 150.18 section: 150.19 (1) the number of child support obligors notified of an 150.20 intent to suspend a driver's license; 150.21 (2) the amount collected in payments from the child support 150.22 obligors notified of an intent to suspend a driver's license; 150.23 (3) the number of cases paid in full and payment agreements 150.24 executed in response to notification of an intent to suspend a 150.25 driver's license; 150.26 (4) the number of cases in which there has been 150.27 notification and no payments or payment agreements; 150.28 (5) the number of driver's licenses suspended; and 150.29 (6) the cost of implementation and operation of the 150.30 requirements of this section. 150.31 Sec. 64. [517C.76] [OCCUPATIONAL LICENSE SUSPENSION.] 150.32 Subdivision 1. [FACTORS WARRANTING SUSPENSION.] An 150.33 obligor's occupational license must be suspended if: 150.34 (1) the obligor has child support arrears amounting to at 150.35 least three times the obligor's total monthly support obligation 150.36 and the obligor is not in compliance with a payment agreement; 151.1 or 151.2 (2) the obligor has failed, after receiving notice, to 151.3 comply with a subpoena relating to a paternity or child support 151.4 proceeding. 151.5 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 151.6 of a party, the court must order a licensing board or agency to 151.7 suspend an obligor's license under section 214.101 if the court 151.8 finds that a factor in subdivision 1 exists. 151.9 (b) The motion must be properly served and there must be an 151.10 opportunity for a hearing pursuant to court rules. If a hearing 151.11 is requested, the obligor must be served written notice of the 151.12 time and date of the hearing at least 14 days prior to the 151.13 hearing. The notice must specify the allegations against the 151.14 obligor. The notice may be served personally or by mail. 151.15 (c) The court's order must be stayed for 90 days in order 151.16 to allow the obligor to enter into a payment agreement. If the 151.17 obligor has not entered into or is not in compliance with a 151.18 payment agreement after the 90 days expire, the court's order 151.19 becomes effective. 151.20 (d) At a hearing regarding the obligor's failure to comply 151.21 with a subpoena, the only issues to be considered are mistake of 151.22 fact and whether the obligor received the subpoena. 151.23 (e) If the obligor is a licensed attorney, the court must 151.24 report the matter to the lawyer's professional responsibility 151.25 board for appropriate action in accordance with the Rules of 151.26 Professional Conduct. 151.27 Subd. 3. [SUSPENSION INITIATED BY THE PUBLIC 151.28 AUTHORITY.] (a) The public authority must direct a licensing 151.29 board or agency to suspend an obligor's license under section 151.30 214.101 if the public authority determines that the factors in 151.31 subdivision 1 exist. 151.32 (b) At least 90 days before directing the suspension of an 151.33 occupational license, the public authority must attempt to 151.34 notify the obligor that it intends to seek suspension and that 151.35 the obligor must request a hearing within 30 days in order to 151.36 contest the suspension. The notice must be in writing and 152.1 mailed to the obligor at the obligor's last known address. 152.2 (c) If the obligor makes a written request for a hearing 152.3 within 30 days a court hearing must be held. The public 152.4 authority must then make a motion to the court and schedule a 152.5 hearing. The matter must then proceed under subdivision 2. 152.6 (d) If the public authority does not receive a request for 152.7 a hearing within 30 days and the obligor does not execute a 152.8 payment agreement within 90 days of the date of the notice, the 152.9 public authority must direct the licensing board or agency to 152.10 suspend the obligor's license. 152.11 (e) If the obligor is a licensed attorney, the public 152.12 authority may report the matter to the lawyer's professional 152.13 responsibility board for appropriate action in accordance with 152.14 the Rules of Professional Conduct. 152.15 Subd. 4. [FAILURE TO REMAIN IN COMPLIANCE WITH AN APPROVED 152.16 PAYMENT AGREEMENT.] The license of an obligor who fails to 152.17 remain in compliance with a payment agreement may be suspended. 152.18 Notice to the obligor of an intent to suspend under this 152.19 subdivision must be served by first class mail at the obligor's 152.20 last known address and must include a notice of hearing. The 152.21 notice must be served upon the obligor not less than ten days 152.22 before the date of the hearing. If the obligor appears at the 152.23 hearing and the judge determines that the obligor has failed to 152.24 comply with a payment agreement, the judge must notify the 152.25 licensing board or agency to suspend the obligor's license. If 152.26 the obligor fails to appear at the hearing, the public authority 152.27 may notify the licensing board or agency to suspend the 152.28 obligor's license. 152.29 Subd. 5. [REINSTATEMENT.] An obligor whose occupational 152.30 license is suspended may provide proof to the public authority 152.31 that the obligor is in compliance with all payment agreements. 152.32 Within 15 days of the receipt of that proof, the public 152.33 authority must inform the licensing board or agency or the 152.34 lawyer's professional responsibility board that the obligor is 152.35 no longer ineligible for license issuance, reinstatement, or 152.36 renewal under this section. 153.1 Sec. 65. [517C.77] [DATA ON SUSPENSIONS FOR SUPPORT 153.2 ARREARS.] 153.3 Notwithstanding section 13.03, subdivision 4, paragraph 153.4 (c), data on an occupational license suspension under section 153.5 517C.76 or a driver's license suspension under section 517C.75, 153.6 that are transferred by the department of human services to 153.7 respectively the department of public safety or a state, county, 153.8 or municipal occupational licensing agency must have the same 153.9 classification at the department of public safety or other 153.10 receiving agency under section 13.02, as other license 153.11 suspension data held by the receiving agency. The transfer of 153.12 the data does not affect the classification of the data in the 153.13 hands of the department of human services. 153.14 Sec. 66. [517C.78] [RECREATIONAL LICENSE SUSPENSION.] 153.15 Subdivision 1. [MOTION; FACTORS.] (a) A party may make a 153.16 motion to suspend the recreational license or licenses of an 153.17 obligor. The motion must be served on the obligor in person or 153.18 by first class mail at the obligor's last known address. There 153.19 must be an opportunity for a hearing. The court may direct the 153.20 commissioner of natural resources to suspend or bar receipt of 153.21 the obligor's recreational license or licenses if it finds that: 153.22 (1) the obligor has child support arrears amounting to at 153.23 least six times the obligor's total monthly support payments and 153.24 the obligor is not in compliance with a payment agreement; or 153.25 (2) the obligor has failed, after receiving notice, to 153.26 comply with a subpoena relating to a paternity or child support 153.27 proceeding. 153.28 (b) Prior to utilizing this section, the court must find 153.29 that other substantial enforcement mechanisms have been 153.30 attempted but have not resulted in compliance. 153.31 Subd. 2. [AFFECTED LICENSES.] For purposes of this 153.32 section, a recreational license includes all licenses, permits, 153.33 and stamps issued centrally by the commissioner of natural 153.34 resources under sections 97B.301, 97B.401, 97B.501, 97B.515, 153.35 97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305. 153.36 Subd. 3. [REINSTATEMENT.] An obligor whose recreational 154.1 license has been suspended or barred may provide proof to the 154.2 court that the obligor is in compliance with all payment 154.3 agreements. Within 15 days of receipt of that proof, the court 154.4 must notify the commissioner of natural resources that the 154.5 obligor's recreational license or licenses must no longer be 154.6 suspended nor may receipt be barred. 154.7 Sec. 67. [517C.79] [MOTOR VEHICLE LIEN.] 154.8 Subdivision 1. [FACTORS WARRANTING LIEN.] A lien must be 154.9 entered on any motor vehicle certificate of title subsequently 154.10 issued in the name of an obligor if the obligor has child 154.11 support arrears amounting to at least three times the obligor's 154.12 total monthly support obligation and the obligor is not in 154.13 compliance with a payment agreement. 154.14 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 154.15 of a party, if the court finds that the factors in subdivision 1 154.16 exist, the court must order the commissioner of public safety to 154.17 enter a lien in the name of the obligee or in the name of the 154.18 state of Minnesota, as appropriate, under section 168A.05, 154.19 subdivision 8, on any motor vehicle certificate of title 154.20 subsequently issued in the name of the obligor. 154.21 (b) The motion must be properly served and there must be an 154.22 opportunity for a hearing pursuant to court rules. If a hearing 154.23 is requested, the obligor must be served written notice of the 154.24 time and date of the hearing at least 14 days prior to the 154.25 hearing. The notice must specify the allegations against the 154.26 obligor. The notice may be served personally or by mail. 154.27 (c) The court's order must be stayed for 90 days in order 154.28 to allow the obligor to enter into a payment agreement. If the 154.29 obligor has not entered into or is not in compliance with a 154.30 payment agreement after the 90 days expires, the court's order 154.31 becomes effective and the commissioner of public safety must 154.32 record the lien on any motor vehicle certificate of title 154.33 subsequently issued in the name of the obligor. 154.34 Subd. 3. [LIEN INITIATED BY THE PUBLIC AUTHORITY.] (a) If 154.35 the public authority determines that the factors in subdivision 154.36 1 exist, the public authority must direct the commissioner of 155.1 public safety to enter a lien in the name of the obligee or in 155.2 the name of the state of Minnesota, as appropriate, under 155.3 section 168A.05, subdivision 8, on any motor vehicle certificate 155.4 of title subsequently issued in the name of the obligor. 155.5 (b) At least 90 days before directing the entry of a lien 155.6 under this section the public authority must attempt to notify 155.7 the obligor that it intends to record a lien and that the 155.8 obligor must request a hearing within 30 days in order to 155.9 contest the action. The notice must be in writing and mailed to 155.10 the obligor at the obligor's last known address. 155.11 (c) If the obligor makes a written request for a hearing 155.12 within 30 days a court hearing must be held. The public 155.13 authority must then make a motion to the court and schedule a 155.14 hearing. The matter must then proceed under subdivision 2. 155.15 (d) If the public authority does not receive a request for 155.16 a hearing within 30 days and the obligor does not enter into a 155.17 payment agreement within 90 days of the date of the notice, the 155.18 public authority must direct the commissioner of public safety 155.19 to record the lien. 155.20 Subd. 4. [RELEASE.] An obligor may provide proof to the 155.21 court or the public authority that the obligor is in compliance 155.22 with all payment agreements or that the value of the motor 155.23 vehicle is less than the exemption provided under section 155.24 550.37. Within 15 days of the receipt of that proof, the court 155.25 or public authority must either: 155.26 (1) execute a release of security interest under section 155.27 168A.20, subdivision 4, and mail or deliver the release to the 155.28 owner or other authorized person; or 155.29 (2) in instances where a lien has not yet been entered, 155.30 direct the commissioner of public safety not to enter a lien on 155.31 any motor vehicle certificate of title subsequently issued in 155.32 the name of the obligor. 155.33 Subd. 5. [NONEXEMPT VALUE.] A lien recorded against a 155.34 motor vehicle certificate of title under this section and 155.35 section 168A.05, subdivision 8, attaches only to the nonexempt 155.36 value of the motor vehicle as determined in accordance with 156.1 section 550.37. The value of a motor vehicle must be determined 156.2 in accordance with the retail value described in the National 156.3 Auto Dealers Association Official Used Car Guide, Midwest 156.4 Edition, for the current year, or in accordance with the 156.5 purchase price as defined in section 297B.01, subdivision 8. 156.6 Sec. 68. [517C.80] [PUBLICATION OF NAMES OF DELINQUENT 156.7 CHILD SUPPORT OBLIGORS.] 156.8 Subdivision 1. [MAKING NAMES PUBLIC.] At least once each 156.9 year, the commissioner of human services, in consultation with 156.10 the attorney general, must publish a list of the names and other 156.11 identifying information of no more than 25 persons who: 156.12 (1) are child support obligors; 156.13 (2) are at least $10,000 in arrears; 156.14 (3) are not in compliance with a payment agreement 156.15 regarding both current support and arrears approved by the 156.16 court, a child support magistrate, or the public authority; 156.17 (4) cannot currently be located by the public authority for 156.18 the purposes of enforcing a support order; and 156.19 (5) have not made a support payment except tax intercept 156.20 payments, in the preceding 12 months. 156.21 Subd. 2. [IDENTIFYING INFORMATION.] Identifying 156.22 information may include the obligor's name, last known address, 156.23 amount owed, date of birth, photograph, the number of children 156.24 for whom support is owed, and any additional information about 156.25 the obligor that would assist in identifying or locating the 156.26 obligor. The commissioner and attorney general may use posters, 156.27 media presentations, electronic technology, and other means that 156.28 the commissioner and attorney general determine are appropriate 156.29 for dissemination of the information, including publication on 156.30 the Internet. The commissioner and attorney general may make 156.31 any or all of the identifying information regarding these 156.32 persons public. Information regarding an obligor who meets the 156.33 criteria in this section will only be made public subsequent to 156.34 that person's selection by the commissioner and attorney general. 156.35 Subd. 3. [NOTICE.] (a) Before making public the name of 156.36 the obligor, the department of human services must send a notice 157.1 to the obligor's last known address stating the department's 157.2 intention to make public information on the obligor. The notice 157.3 must also provide an opportunity to have the obligor's name 157.4 removed from the list by paying the arrears or by entering into 157.5 an agreement to pay the arrears, or by providing information to 157.6 the public authority that there is good cause not to make the 157.7 information public. The notice must include the final date when 157.8 the payment or agreement can be accepted. 157.9 (b) The department of human services must obtain the 157.10 written consent of the obligee to make the name of the obligor 157.11 public. 157.12 Subd. 4. [NAMES PUBLISHED IN ERROR.] If the commissioner 157.13 makes a name public under subdivision 1 in error, the 157.14 commissioner must also offer to publish a printed retraction and 157.15 a public apology acknowledging that the name was made public in 157.16 error. If the person whose name was made public in error elects 157.17 the public retraction and apology, the retraction and apology 157.18 must appear in the same medium and the same format as the 157.19 original notice where the name was listed in error. In addition 157.20 to the right of a public retraction and apology, a person whose 157.21 name was made public in error has a civil action for damages 157.22 caused by the error. 157.23 Sec. 69. [517C.81] [COLLECTION; ARREARS.] 157.24 Subdivision 1. [COLLECTION OF ARREARS TO CONTINUE AFTER 157.25 CHILD IS EMANCIPATED.] Remedies available for the collection and 157.26 enforcement of support in this chapter and chapters 256, 257, 157.27 and 518C also apply to cases in which a child for whom support 157.28 is owed is emancipated and the obligor owes past support or has 157.29 accumulated arrears. Child support arrears under this section 157.30 include arrears for child support, medical support, child care, 157.31 pregnancy and birth expenses, and unreimbursed medical expenses 157.32 as defined in section 517C.15. 157.33 Subd. 2. [RETROACTIVE APPLICATION.] This section applies 157.34 retroactively to support arrears that accrued on or before the 157.35 date of enactment and to all arrears accruing after the date of 157.36 enactment. 158.1 Subd. 3. [LIMITATIONS.] Past support or pregnancy and 158.2 confinement expenses ordered for which the obligor has specific 158.3 court ordered terms for repayment may not be enforced using 158.4 drivers' and occupational or professional license suspension, 158.5 credit bureau reporting, and additional income withholding under 158.6 section 517C.60, unless the obligor fails to comply with the 158.7 terms of the court order for repayment. 158.8 Sec. 70. [517C.82] [CASE REVIEWER.] 158.9 The commissioner must make a case reviewer available to 158.10 obligors and obligees. The reviewer must be available to answer 158.11 questions concerning the collection process and to review the 158.12 collection activity taken. A reviewer who reasonably believes 158.13 that a particular action being taken is unreasonable or unfair 158.14 may make recommendations to the commissioner and the applicable 158.15 county in regard to the collection action. 158.16 Sec. 71. [517C.83] [ATTORNEY FEES; COLLECTION COSTS.] 158.17 Subdivision 1. [GENERAL.] (a) A child support obligee is 158.18 entitled to recover from the obligor reasonable attorney fees 158.19 and other collection costs incurred to enforce a child support 158.20 judgment, as provided in this section. 158.21 (b) In order to recover collection costs under this 158.22 section, the arrears must be at least $500 and must be at least 158.23 90 days past due. In addition, the arrears must be a docketed 158.24 judgment under sections 548.09 and 548.091. 158.25 (c) If the obligor pays in full the judgment rendered under 158.26 section 548.091 within 20 days of receipt of notice of entry of 158.27 judgment, the obligee is not entitled to recover attorney fees 158.28 or collection costs under this section. 158.29 Subd. 2. [ENFORCEMENT.] Attorney fees and collection costs 158.30 obtained under this section are considered child support and 158.31 entitled to the applicable remedies for collection and 158.32 enforcement of child support. 158.33 Subd. 3. [NOTICE TO PUBLIC AUTHORITY.] If the public 158.34 authority is a party to a case, an obligee must provide written 158.35 notice to the public authority within five days of: 158.36 (1) contracting with an attorney or collection entity to 159.1 enforce a child support judgment; or 159.2 (2) receipting payments received on a child support 159.3 judgment. 159.4 Subd. 4. [NOTICE TO OBLIGOR; HEARING.] (a) The obligee 159.5 must serve notice of the obligee's intent to recover attorney 159.6 fees and collections costs by certified or registered mail on 159.7 the obligor at the obligor's last known address. The notice 159.8 must include an itemization of the attorney fees and collection 159.9 costs being sought by the obligee. It must inform the obligor 159.10 that the fees and costs will become an additional judgment for 159.11 child support unless, within 20 days of mailing of the notice, 159.12 the obligor requests a hearing: 159.13 (1) on the reasonableness of the fees and costs; or 159.14 (2) to contest the child support judgment on grounds 159.15 limited to mistake of fact. 159.16 (b) If the obligor requests a hearing, the only issues to 159.17 be determined by the court are: 159.18 (1) whether the attorney fees or collection costs were 159.19 reasonably incurred by the obligee for the enforcement of a 159.20 child support judgment against the obligor; or 159.21 (2) the validity of the child support judgment on grounds 159.22 limited to mistake of fact. 159.23 (c) The fees and costs may not exceed 30 percent of the 159.24 arrears. The court may modify the amount of attorney fees and 159.25 costs as appropriate and must enter judgment accordingly. 159.26 (d) If the obligor fails to request a hearing within 20 159.27 days of mailing of the notice under paragraph (a), the amount of 159.28 the attorney fees or collection costs requested by the obligee 159.29 in the notice automatically becomes an additional judgment for 159.30 child support. 159.31 Subd. 5. [FORMS.] The commissioner of human services must 159.32 prepare and make available to the court and the parties forms 159.33 for use in providing for notice and requesting a hearing under 159.34 this section. 159.35 Sec. 72. [517C.99] [REQUIRED NOTICES.] 159.36 Subdivision 1. [REQUIREMENT.] Every court order or 160.1 judgment and decree that provides for child support, spousal 160.2 maintenance, custody, or parenting time must contain certain 160.3 notices as set out in subdivision 3. The information in the 160.4 notices must be concisely stated in plain language. The notices 160.5 must be in clearly legible print, but may not exceed two pages. 160.6 An order or judgment and decree without the notice remains 160.7 subject to all statutes. The court may waive all or part of the 160.8 notice required under subdivision 3 relating to change of 160.9 address notification and similar information if it finds it is 160.10 necessary to protect the welfare of a party or child. 160.11 Subd. 2. [COPIES OF LAWS AND FORMS.] The district court 160.12 administrator must make copies of the sections referred to in 160.13 subdivision 3 available at no charge and must provide forms to 160.14 request or contest attorney fees, collection costs, and 160.15 cost-of-living increases. 160.16 Subd. 3. [CONTENTS.] The required notices must be 160.17 substantially as follows: 160.18 IMPORTANT NOTICE 160.19 1. PAYMENTS TO PUBLIC AUTHORITY 160.20 According to Minnesota Statutes, section 517C.35, payments 160.21 ordered for maintenance and support must be paid to the public 160.22 authority as long as the person entitled to receive the payments 160.23 is receiving or has applied for public assistance or has applied 160.24 for support and maintenance collection services. MAIL PAYMENTS 160.25 TO: 160.26 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 160.27 FELONY 160.28 A person may be charged with a felony who conceals a minor 160.29 child or takes, obtains, retains, or fails to return a minor 160.30 child from or to the child's parent (or person with custodial or 160.31 visitation rights), according to Minnesota Statutes, section 160.32 609.26. A copy of that section is available from any district 160.33 court clerk. 160.34 3. RULES OF SUPPORT, MAINTENANCE, VISITATION 160.35 (a) Payment of support or spousal maintenance is to be as 160.36 ordered, and the giving of gifts or making purchases of food, 161.1 clothing, and the like will not fulfill the obligation. 161.2 (b) Payment of support must be made as it becomes due, and 161.3 failure to secure or denial of rights of visitation is NOT an 161.4 excuse for nonpayment, but the aggrieved party must seek relief 161.5 through a proper motion filed with the court. 161.6 (c) Nonpayment of support is not grounds to deny 161.7 visitation. The party entitled to receive support may apply for 161.8 support and collection services, file a contempt motion, or 161.9 obtain a judgment as provided in Minnesota Statutes, section 161.10 548.091. 161.11 (d) The payment of support or spousal maintenance takes 161.12 priority over payment of debts and other obligations. 161.13 (e) A party who accepts additional obligations of support 161.14 does so with the full knowledge of the party's prior obligation 161.15 under this proceeding. 161.16 (f) Child support or maintenance is based on annual income, 161.17 and it is the responsibility of a person with seasonal 161.18 employment to budget income so that payments are made throughout 161.19 the year as ordered. 161.20 (g) If there is a layoff or a pay reduction, support may be 161.21 reduced as of the time of the layoff or pay reduction if a 161.22 motion to reduce the support is served and filed with the court 161.23 at that time, but any such reduction must be ordered by the 161.24 court. The court is not permitted to reduce support 161.25 retroactively, except as provided in Minnesota Statutes, section 161.26 517C.29. 161.27 (h) Reasonable visitation guidelines are contained in 161.28 Appendix B, which is available from the court administrator. 161.29 4. PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 161.30 Unless otherwise provided by the court: 161.31 (a) Each party has the right of access to and the right to 161.32 receive copies of school, medical, dental, religious training, 161.33 and other important records and information about the minor 161.34 children. Each party has the right of access to information 161.35 regarding health or dental insurance available to the minor 161.36 children. Presentation of a copy of this order to the custodian 162.1 of a record or other information about the minor children 162.2 constitutes sufficient authorization for the release of the 162.3 record or information to the requesting party. 162.4 (b) Each party must keep the other informed as to the name 162.5 and address of the school of attendance of the minor children. 162.6 Each party has the right to be informed by school officials 162.7 about the children's welfare, educational progress and status, 162.8 and to attend school and parent teacher conferences. The school 162.9 is not required to hold a separate conference for each party. 162.10 (c) In case of an accident or serious illness of a minor 162.11 child, each party must notify the other party of the accident or 162.12 illness, and the name of the health care provider and the place 162.13 of treatment. 162.14 (d) Each party has the right of reasonable access and 162.15 telephone contact with the minor children. 162.16 5. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 162.17 Child support and/or spousal maintenance may be withheld 162.18 from income, with or without notice to the person obligated to 162.19 pay, when the conditions of Minnesota Statutes, sections 517C.51 162.20 to 517C.62, have been met. A copy of those sections is 162.21 available from any district court clerk. 162.22 6. CHANGE OF ADDRESS OR RESIDENCE 162.23 Unless otherwise ordered, each party must notify the other 162.24 party, the court, and the public authority, if applicable, of 162.25 the following information within ten days of any change: the 162.26 residential and mailing address, telephone number, driver's 162.27 license number, social security number, and name, address, and 162.28 telephone number of the employer. 162.29 7. COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 162.30 Child support and/or spousal maintenance may be adjusted 162.31 every two years based upon a change in the cost-of-living (using 162.32 Department of Labor Consumer Price Index .........., unless 162.33 otherwise specified in this order) when the conditions of 162.34 Minnesota Statutes, section 517C.31, are met. Cost-of-living 162.35 increases are compounded. A copy of Minnesota Statutes, section 162.36 517C.31, and forms necessary to request or contest a 163.1 cost-of-living increase are available from any district court 163.2 clerk. 163.3 8. JUDGMENTS FOR UNPAID SUPPORT 163.4 If a person fails to make a child support payment, the 163.5 payment owed becomes a judgment against the person responsible 163.6 to make the payment by operation of law on or after the date the 163.7 payment is due, and the person entitled to receive the payment 163.8 or the public authority may obtain entry and docketing of the 163.9 judgment WITHOUT NOTICE to the person responsible to make the 163.10 payment under Minnesota Statutes, section 548.091. Interest 163.11 begins to accrue on a payment or installment of child support 163.12 whenever the unpaid amount due is greater than the current 163.13 support due, according to Minnesota Statutes, section 548.091, 163.14 subdivision 1a. 163.15 9. JUDGMENTS FOR UNPAID MAINTENANCE 163.16 A judgment for unpaid spousal maintenance may be entered 163.17 when the conditions of Minnesota Statutes, section 548.091, are 163.18 met. A copy of that section is available from any district 163.19 court clerk. 163.20 10. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 163.21 SUPPORT 163.22 A judgment for attorney fees and other collection costs 163.23 incurred in enforcing a child support order will be entered 163.24 against the person responsible to pay support when the 163.25 conditions of section 517C.07, are met. A copy of section 163.26 517C.07 and forms necessary to request or contest these attorney 163.27 fees and collection costs are available from any district court 163.28 clerk. 163.29 11. VISITATION EXPEDITOR PROCESS 163.30 On request of either party or on its own motion, the court 163.31 may appoint a visitation expeditor to resolve visitation 163.32 disputes under Minnesota Statutes, section 518.1751. A copy of 163.33 that section and a description of the expeditor process is 163.34 available from any district court clerk. 163.35 12. VISITATION REMEDIES AND PENALTIES 163.36 Remedies and penalties for the wrongful denial of 164.1 visitation rights are available under Minnesota Statutes, 164.2 section 518.175, subdivision 6. These include compensatory 164.3 visitation, civil penalties, bond requirements, contempt, and 164.4 reversal of custody. A copy of that subdivision and forms for 164.5 requesting relief are available from any district court clerk. 164.6 Sec. 73. [INSTRUCTION TO REVISOR.] 164.7 The revisor of statutes must correct internal 164.8 cross-references to sections that are now in Minnesota Statutes, 164.9 chapter 517C, throughout Minnesota Statutes and Minnesota Rules. 164.10 Sec. 74. [REPEALER.] 164.11 Minnesota Statutes 2000, sections 518.111; 518.171; 164.12 518.255; 518.54, subdivisions 2, 4a, 13, and 14; 518.551; 164.13 518.5513; 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 164.14 518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617; 164.15 518.618; 518.6195; and 518.66, are repealed. 164.16 Sec. 75. [EFFECTIVE DATE.] 164.17 This act is effective July 1, 2001.