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Minnesota Legislature

Office of the Revisor of Statutes

HF 1534

as introduced - 91st Legislature (2019 - 2020) Posted on 02/21/2019 02:06pm

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

Current Version - as introduced

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A bill for an act
relating to child support; clarifying application of parenting expense adjustment
in actions to recover public assistance; amending Minnesota Statutes 2018, section
518A.35, subdivision 1.

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

Section 1.

Minnesota Statutes 2018, section 518A.35, subdivision 1, is amended to read:


Subdivision 1.

Determination of support obligation.

(a) The guideline in this section
is a rebuttable presumption and shall be used in any judicial or administrative proceeding
to establish or modify a support obligation under this chapter.

(b) The basic child support obligation shall be determined by referencing the guideline
for the appropriate number of joint children and the combined parental income for
determining child support of the parents.

(c) If a child is not in the custody of either parent and a support order is sought against
one or both parents, the basic child support obligation shall be determined by referencing
the guideline for the appropriate number of joint children, and the parent's individual parental
income for determining child support, not the combined parental incomes for determining
child support of the parents. Unless a parent has court-ordered parenting time, the parenting
expense adjustment formula under section 518A.34 must not be applied.

(d) If a child is in new text beginthe new text endcustody of either parent and a support order is sought deleted text beginby the public
authority
deleted text endnew text begin in an action involving only one parentnew text end under section 256.87, unless the parent
against whom the support order is sought has court-ordered parenting time, the support
obligation must be determined by referencing the guideline for the appropriate number of
joint children and the parent's individual income without application of the parenting expense
adjustment formula under section 518A.34.

(e) For combined parental incomes for determining child support exceeding $15,000
per month, the presumed basic child support obligations shall be as for parents with combined
parental income for determining child support of $15,000 per month. A basic child support
obligation in excess of this level may be demonstrated for those reasons set forth in section
518A.43.