HF 1705

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to family law; reforming the law relating to
marriage dissolution, child custody, child support,
maintenance, and property division; making style and
form changes; changing certain child support,
residence change, and pension distribution provisions;
classifying certain data; clarifying and improving
certain procedures and support enforcement provisions;
amending Minnesota Statutes 2004, sections 518.002;
518.003, subdivisions 1, 3; 518.005, subdivision 3;
518.01; 518.02; 518.03; 518.04; 518.05; 518.055;
518.06; 518.07; 518.09; 518.091, subdivision 1;
518.10; 518.11; 518.12; 518.13; 518.131; 518.14;
518.148; 518.155; 518.156; 518.157; 518.165; 518.166;
518.167, subdivisions 3, 4, 5; 518.168; 518.17;
518.1705, subdivisions 2, 6, 7, 9; 518.175; 518.1751,
subdivisions 1b, 2, 2a, 2b, 2c, 3; 518.1752; 518.176;
518.177; 518.178; 518.179, subdivision 1; 518.18;
518.191, subdivision 1; 518.195, subdivisions 2, 3;
518.24; 518.25; 518.27; 518.54; 518.55; 518.551;
518.5513; 518.552; 518.553; 518.57; 518.575,
subdivision 1; 518.58; 518.581; 518.582, subdivisions
1, 2; 518.5852; 518.5853; 518.61; 518.6111; 518.612;
518.614; 518.616; 518.617; 518.619; 518.64; 518.641;
518.646; 518.65; 519.11, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 518;
repealing Minnesota Statutes 2004, section 518.171.

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

Section 1.

Minnesota Statutes 2004, section 518.002, is
amended to read:

518.002 MEANING OF DIVORCE.

deleted text begin Wherever the word deleted text end "Divorce new text begin , new text end " deleted text begin is deleted text end new text begin as new text end used in the statutes,
deleted text begin it deleted text end has the same meaning as "dissolution" or "dissolution of
marriage."

Sec. 2.

Minnesota Statutes 2004, section 518.003,
subdivision 1, is amended to read:

Subdivision 1.

Scope.

deleted text begin For the purposes of deleted text end new text begin The
definitions in this section apply to new text end this chapter deleted text begin , the following
terms have the meanings provided in this section unless the
context clearly requires otherwise deleted text end .

Sec. 3.

Minnesota Statutes 2004, section 518.003,
subdivision 3, is amended to read:

Subd. 3.

Custody.

Unless otherwise agreed by the parties:

(a) "Legal custody" means the right to determine the
child's upbringing, including education, health care, and
religious training.

(b) "Joint legal custody" means that both parents have
equal rights and responsibilities, including the right to
participate in major decisions determining the child's
upbringing, including education, health care, and religious
training.

(c) "Physical custody and residence" means the routine
daily care and control and the residence of the child.

(d) "Joint physical custody" means that the routine daily
care and control and the residence of the child is structured
between the parties.

(e) deleted text begin Wherever used in this chapter, the term deleted text end "Custodial
parent" or "custodian" means the person who has the physical
custody of the child at any particular time.

(f) "Custody determination" means a court decision and
court orders and instructions providing for the custody of a
child, including parenting time, but does not include a decision
relating to child support or any other monetary obligation of
any person.

(g) "Custody proceeding" includes proceedings in which a
custody determination is one of several issues, such as an
action for dissolution, divorce, or separation, and includes
proceedings involving children who are in need of protection or
services, domestic abuse, and paternity.

Sec. 4.

Minnesota Statutes 2004, section 518.005,
subdivision 3, is amended to read:

Subd. 3.

Names of pleadings.

The initial pleading in all
proceedings under sections 518.002 to 518.66 deleted text begin shall deleted text end new text begin must new text end be
denominated a petition. A responsive pleading deleted text begin shall deleted text end new text begin must new text end be
denominated an answer. Other pleadings deleted text begin shall deleted text end new text begin must new text end be
denominated as provided in the Rules of Civil Procedure.

Sec. 5.

Minnesota Statutes 2004, section 518.01, is
amended to read:

518.01 VOID MARRIAGES.

deleted text begin All marriages which are deleted text end new text begin A marriage new text end prohibited by section
517.03 deleted text begin shall be absolutely deleted text end new text begin is new text end void deleted text begin , deleted text end without any decree of
dissolution or other legal proceedings; except if a person whose
husband or wife has been absent for four successive years,
without being known to the person to be living during that time,
marries during the lifetime of the absent husband or wife,
the new text begin subsequent new text end marriage deleted text begin shall be deleted text end new text begin is new text end void only from the time that
its nullity is duly adjudged. If the absentee is declared dead
in accordance with section 576.142, the subsequent
marriage deleted text begin shall deleted text end new text begin is new text end not deleted text begin be deleted text end void.

Sec. 6.

Minnesota Statutes 2004, section 518.02, is
amended to read:

518.02 VOIDABLE MARRIAGES.

A marriage deleted text begin shall deleted text end new text begin must new text end be declared a nullity deleted text begin under the
following circumstances deleted text end new text begin if new text end :

deleted text begin (a) deleted text end new text begin (1) new text end a party lacked capacity to consent to the marriage
at the time the marriage was solemnized deleted text begin , either deleted text end because of new text begin : (i)
new text end mental incapacity or infirmity deleted text begin and deleted text end new text begin if new text end the other party at the
time the marriage was solemnized did not know of the incapacity;
deleted text begin or because of deleted text end new text begin (ii) new text end the influence of alcohol, drugs, or other
incapacitating substances; or deleted text begin because deleted text end new text begin (iii) new text end consent of either
deleted text begin was deleted text end new text begin party having been new text end obtained by force or fraud deleted text begin and there was
deleted text end new text begin with new text end no subsequent voluntary cohabitation of the parties;

deleted text begin (b) deleted text end new text begin (2) new text end a party lacks the physical capacity to consummate
the marriage by sexual intercourse and the other party at the
time the marriage was solemnized did not know of the incapacity;
new text begin or
new text end

deleted text begin (c) deleted text end new text begin (3) new text end a party was under the age for marriage established
by section 517.02.

Sec. 7.

Minnesota Statutes 2004, section 518.03, is
amended to read:

518.03 ACTION TO ANNUL; DECREE.

An annulment deleted text begin shall deleted text end new text begin must new text end be commenced deleted text begin and deleted text end new text begin , new text end the complaint
deleted text begin shall be deleted text end filed new text begin , new text end and proceedings had as in proceedings for
dissolution. Upon due proof of the nullity of the marriage, deleted text begin it
shall deleted text end new text begin the marriage must new text end be adjudged null and void.

The provisions of sections 518.54 to 518.66 relating to
property rights of the spouses, maintenance, support new text begin , new text end and
custody of children on dissolution of marriage are applicable to
proceedings for annulment.

Sec. 8.

Minnesota Statutes 2004, section 518.04, is
amended to read:

518.04 INSUFFICIENT GROUNDS FOR ANNULMENT.

No marriage deleted text begin shall deleted text end new text begin may new text end be adjudged a nullity on the ground
that one of the parties was under the age of legal consent if it
appears that the parties had voluntarily cohabited together as
husband and wife after having attained deleted text begin such deleted text end new text begin that new text end age deleted text begin ; nor
shall deleted text end new text begin . new text end The marriage of deleted text begin any deleted text end new text begin an new text end insane person new text begin must not new text end be
adjudged void after restoration new text begin of the insane person new text end to reason,
if it appears that the parties freely cohabited together as
husband and wife after deleted text begin such deleted text end new text begin the new text end restoration new text begin to reason new text end .

Sec. 9.

Minnesota Statutes 2004, section 518.05, is
amended to read:

518.05 ANNULMENT; WHEN TO BRING.

An annulment may be sought by any of the following persons
and must be commenced within the times specified, but in no
event may an annulment be sought after the death of either party
to the marriage:

deleted text begin (a) For a reason set forth in deleted text end new text begin (1) under new text end section 518.02,
clause deleted text begin (a) deleted text end new text begin (1) new text end , by either party or by the legal representative
of the party who lacked capacity to consent, no later than 90
days after the petitioner obtained knowledge of the described
condition;

deleted text begin (b) For the reason set forth in deleted text end new text begin (2) under new text end section 518.02,
clause deleted text begin (b) deleted text end new text begin (2) new text end , by either party no later than one year after the
petitioner obtained knowledge of the described condition;

deleted text begin (c) For the reason set forth in deleted text end new text begin (3) under new text end section 518.02,
clause deleted text begin (c) deleted text end new text begin (3) new text end , by the underaged party deleted text begin , deleted text end new text begin or new text end the party's parent or
guardian deleted text begin , deleted text end before the time the underaged party reaches the age at
which the party could have married without satisfying the
omitted requirement.

Sec. 10.

Minnesota Statutes 2004, section 518.055, is
amended to read:

518.055 PUTATIVE SPOUSE.

Any person who has cohabited with another to whom the
person is not legally married in the good faith belief that the
person was married to the other is a putative spouse until
knowledge of the fact that the person is not legally married
terminates the status and prevents acquisition of further
rights. A putative spouse acquires the rights conferred upon a
legal spouse, including the right to maintenance following
termination of the status, whether or not the marriage is
prohibited or declared a nullity. If there is a legal spouse or
other putative spouses, rights acquired by a putative spouse do
not supersede the rights of the legal spouse or those acquired
by other putative spouses, but the court deleted text begin shall deleted text end new text begin must new text end apportion
property, maintenance, and support rights among the claimants as
appropriate in the circumstances and in the interests of justice.

Sec. 11.

Minnesota Statutes 2004, section 518.06, is
amended to read:

518.06 DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS;
UNCONTESTED LEGAL SEPARATION.

Subdivision 1.

new text begin meaning and new text end effect deleted text begin of decrees deleted text end ; grounds.

A
dissolution of marriage is the termination of the marital
relationship between a husband and wife. A decree of
dissolution completely terminates the marital status of both
parties. A legal separation is a court determination of the
rights and responsibilities of a husband and wife arising out of
the marital relationship. A decree of legal separation does not
terminate the marital status of the parties.

A dissolution of deleted text begin a deleted text end marriage deleted text begin shall deleted text end new text begin must new text end be granted deleted text begin by a
county or district court when deleted text end new text begin if new text end the court finds that there has
been an irretrievable breakdown of the marriage relationship. A
deleted text begin decree of deleted text end legal separation deleted text begin shall deleted text end new text begin must new text end be granted deleted text begin when deleted text end new text begin if new text end the
court finds that one or both parties need a legal separation.

Defenses to divorce, dissolution and legal separation,
including new text begin , new text end but not limited to new text begin , new text end condonation, connivance,
collusion, recrimination, insanity, and lapse of time, are
abolished.

Subd. 3.

Uncontested new text begin legal new text end separation.

If one or both
parties petition for a decree of legal separation and neither
party contests the granting of the decree nor petitions for a
decree of dissolution, the court deleted text begin shall deleted text end new text begin must new text end grant a decree of
legal separation.

Sec. 12.

Minnesota Statutes 2004, section 518.07, is
amended to read:

518.07 RESIDENCE OF PARTIES.

deleted text begin No deleted text end new text begin A new text end dissolution deleted text begin shall deleted text end new text begin must not new text end be granted unless (1) one
of the parties has resided in this state deleted text begin , deleted text end or deleted text begin has deleted text end been a member
of the armed services stationed in this state deleted text begin , deleted text end for deleted text begin not less than
deleted text end new text begin at least new text end 180 days immediately preceding the commencement of the
proceeding; or (2) one of the parties has been a domiciliary of
this state for deleted text begin not less than deleted text end new text begin at least new text end 180 days immediately
preceding commencement of the proceeding.

Sec. 13.

Minnesota Statutes 2004, section 518.09, is
amended to read:

518.09 PROCEEDING; HOW AND WHERE BROUGHT; VENUE.

A proceeding for dissolution or legal separation may be
brought by either or both spouses and deleted text begin shall be deleted text end new text begin is new text end commenced by
personal service of the summons and petition venued in the
county where either spouse resides. new text begin No summons is required if a
joint petition is filed. new text end If neither party resides in the state
and jurisdiction is based on the domicile of either
deleted text begin spouse deleted text end new text begin party new text end , the proceeding may be brought in the county where
either party is domiciled. If neither party resides or is
domiciled in this state and jurisdiction is premised upon one of
the parties being a member of the armed services stationed in
this state for deleted text begin not less than deleted text end new text begin at least new text end 180 days immediately
preceding the commencement of the proceeding, the proceeding may
be brought in the county where the member is stationed. This
venue deleted text begin shall be deleted text end new text begin is new text end subject to the new text begin court's new text end power deleted text begin of the court deleted text end to
change the place of hearing by consent of the parties, deleted text begin or when
deleted text end new text begin if new text end it appears to the court that an impartial hearing cannot be
had in the county where the proceedings are pending, or deleted text begin when deleted text end new text begin if
new text end the convenience of the parties or the ends of justice would be
promoted by the change. deleted text begin No summons shall be required if a joint
petition is filed.
deleted text end

Sec. 14.

Minnesota Statutes 2004, section 518.091,
subdivision 1, is amended to read:

Subdivision 1.

Temporary restraining orders.

(a) Every
summons must include the notice in this subdivision.

NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE
RESOLUTION PROVISIONS

UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE
FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION,
UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS
DISMISSED:

(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR
THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF
INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN
WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO
CONTEST THIS PROCEEDING;

(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND

(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE
MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR
BENEFICIARY DESIGNATION.

IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT
TO SANCTIONS BY THE COURT.

(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE
ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO
MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION INCLUDES
MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE
DISTRICT COURT RULES. YOU MAY CONTACT THE COURT ADMINISTRATOR
ABOUT RESOURCES IN YOUR AREA. new text begin IN SOME COUNTIES new text end IF YOU CANNOT
PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, deleted text begin IN SOME
COUNTIES, deleted text end ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT
PROVIDER OR A COURT PROGRAM. IF YOU ARE A VICTIM OF DOMESTIC
ABUSE OR THREATS OF ABUSE AS DEFINED IN MINNESOTA STATUTES,
CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY MEDIATION AND YOU WILL
NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS.

(b) Upon service of the summons, the restraining provisions
contained in the notice apply by operation of law upon both
parties until modified by further order of the court or
dismissal of the proceeding, unless more than one year has
passed since the last document was filed with the court.

Sec. 15.

Minnesota Statutes 2004, section 518.10, is
amended to read:

518.10 REQUISITES OF PETITION.

deleted text begin The deleted text end new text begin A new text end petition for dissolution of marriage or legal
separation deleted text begin shall deleted text end new text begin must new text end state and allege:

deleted text begin (a) deleted text end new text begin (1) new text end the name, address, and, in circumstances in which
child support or spousal maintenance will be addressed, Social
Security number of the petitioner and any prior or other name
used by the petitioner;

deleted text begin (b) deleted text end new text begin (2) new text end the name and, if known, the address and, in
circumstances in which child support or spousal maintenance will
be addressed, Social Security number of the respondent and any
prior or other name used by the respondent and known to the
petitioner;

deleted text begin (c) deleted text end new text begin (3) new text end the place and date of the marriage of the parties;

deleted text begin (d) deleted text end new text begin (4) new text end in the case of a petition for dissolution, that
either the petitioner or the respondent or both:

deleted text begin (1) deleted text end new text begin (i) new text end has resided in this state for deleted text begin not less than deleted text end new text begin at
least new text end 180 days immediately preceding the commencement of the
proceeding deleted text begin , or deleted text end new text begin ;
new text end

deleted text begin (2) deleted text end new text begin (ii) new text end has been a member of the armed services and has
been stationed in this state for deleted text begin not less than deleted text end new text begin at least new text end 180 days
immediately preceding the commencement of the proceeding deleted text begin , deleted text end new text begin ; new text end or

deleted text begin (3) deleted text end new text begin (iii) new text end has been a domiciliary of this state for deleted text begin not less
than deleted text end new text begin at least new text end 180 days immediately preceding the commencement of
the proceeding;

deleted text begin (e) deleted text end new text begin (5) new text end the name at the time of the petition and any prior
or other name, Social Security number, age, and date of birth of
each living minor or dependent child of the parties born before
the marriage or born or adopted during the marriage and a
reference to, and the expected date of birth of, a child of the
parties conceived during the marriage but not born;

deleted text begin (f) deleted text end new text begin (6) new text end whether or not a separate proceeding for
dissolution, legal separation, or custody is pending in a court
in this state or elsewhere;

deleted text begin (g) deleted text end new text begin (7) new text end in the case of a petition for dissolution, that
there has been an irretrievable breakdown of the marriage
relationship;

deleted text begin (h) deleted text end new text begin (8) new text end in the case of a petition for legal separation,
that there is a need for a decree of legal separation;

deleted text begin (i) deleted text end new text begin (9) new text end any temporary or permanent maintenance, child
support, child custody, disposition of property, attorneys'
fees, costs and disbursements applied for without setting forth
the amounts; and

deleted text begin (j) deleted text end new text begin (10) new text end whether an order for protection under chapter 518B
or a similar law of another state that governs the parties or a
party and a minor child of the parties is in effect and, if so,
the district court or similar jurisdiction in which it was
entered.

The petition deleted text begin shall deleted text end new text begin must new text end be verified by the petitioner or
petitioners, and its allegations established by competent
evidence.

Sec. 16.

Minnesota Statutes 2004, section 518.11, is
amended to read:

518.11 SERVICE; ALTERNATE SERVICE; PUBLICATION.

(a) Unless a proceeding is brought by both parties, copies
of the summons and petition deleted text begin shall deleted text end new text begin must new text end be served on the
respondent personally.

(b) deleted text begin When deleted text end Service deleted text begin is deleted text end made out of this state and within the
United States deleted text begin , it deleted text end may be proved by the affidavit of the person
making the deleted text begin same deleted text end new text begin service new text end . deleted text begin When deleted text end Service deleted text begin is deleted text end made deleted text begin without
deleted text end new text begin outside of new text end the United States deleted text begin it deleted text end may be proved by the affidavit
of the person making the deleted text begin same deleted text end new text begin service new text end , taken before and
certified new text begin :
new text end

new text begin (1) new text end by any United States minister, charge d'affaires,
commissioner, consul or commercial agent, or other consular or
diplomatic officer of the United States appointed to reside
in deleted text begin such deleted text end new text begin the new text end country, including deleted text begin all deputies deleted text end new text begin a deputy new text end or other
deleted text begin representatives deleted text end new text begin representative new text end of deleted text begin such deleted text end new text begin the new text end officer authorized to
perform deleted text begin their deleted text end new text begin the officer's new text end duties; or

new text begin (2) new text end before an officer authorized to administer an oath with
the certificate of an officer of a court of record of the
country deleted text begin wherein such deleted text end new text begin in which the new text end affidavit is taken as to the
identity and authority of the officer taking the deleted text begin same deleted text end new text begin affidavit new text end .

(c) If personal service cannot be made, the court may order
service of the summons by alternate means. The application for
alternate service must include the last known location of the
respondent; the petitioner's most recent contacts with the
respondent; the last known location of the respondent's
employment; the names and locations of the respondent's parents,
siblings, children, and other close relatives; the names and
locations of other persons who are likely to know the
respondent's whereabouts; and a description of efforts to locate
those persons.

The court deleted text begin shall deleted text end new text begin must new text end consider the length of time the
respondent's location has been unknown, the likelihood that the
respondent's location will become known, the nature of the
relief sought, and the nature of efforts made to locate the
respondent. The court deleted text begin shall deleted text end new text begin must new text end order service by first class
mail, forwarding address requested, to any addresses where there
is a reasonable possibility that mail or information will be
forwarded or communicated to the respondent or, if no address so
qualifies, then to the respondent's last known address.

If the petitioner seeks disposition of real estate located
deleted text begin within the state of deleted text end new text begin in new text end Minnesota, the court deleted text begin shall deleted text end new text begin must new text end order
that the summons, which deleted text begin shall deleted text end new text begin must new text end contain the legal description
of the real estate, be published in the county where the real
estate is located. The court may also order publication, within
or without the state, but only if it might reasonably succeed in
notifying the respondent of the proceeding. Also, the court may
require the petitioner to make efforts to locate the respondent
by telephone calls to appropriate persons. Service deleted text begin shall be deleted text end new text begin is
new text end deemed complete 21 days after mailing or 21 days after
court-ordered publication.

Sec. 17.

Minnesota Statutes 2004, section 518.12, is
amended to read:

518.12 TIME FOR ANSWERING.

The respondent deleted text begin shall have deleted text end new text begin has new text end 30 days in which to answer
the petition. In case of service by publication, the 30
days deleted text begin shall deleted text end new text begin does new text end not begin to run until the expiration of the
period allowed for publication. In the case of a
counterpetition for dissolution or legal separation to a
petition for dissolution or legal separation, no answer deleted text begin shall be
deleted text end new text begin is new text end required to the counterpetition and the original
petitioner deleted text begin shall be deleted text end new text begin is new text end deemed to have denied each and every
statement, allegation new text begin , new text end and claim in the counterpetition.

Sec. 18.

Minnesota Statutes 2004, section 518.13, is
amended to read:

518.13 FAILURE TO ANSWER; FINDINGS; HEARING.

Subdivision 1.

Default.

If the respondent does not
appear after service duly made and proved, the court may hear
and determine the proceeding as a default matter.

Subd. 2.

Dispute over irretrievable breakdown.

If one of
the parties has denied under oath or affirmation that the
marriage is irretrievably broken, the court deleted text begin shall deleted text end new text begin must new text end consider
all relevant factors, including the circumstances that gave rise
to the commencement of the proceeding and the prospect of
reconciliation, and deleted text begin shall deleted text end make a finding whether the marriage is
irretrievably broken.

A finding of irretrievable breakdown under this subdivision
is a determination that there is no reasonable prospect of
reconciliation. The finding must be supported by evidence that
(i) the parties have lived separate and apart for a period of
not less than 180 days immediately preceding the commencement of
the proceeding, or (ii) there is serious marital discord
adversely affecting the attitude of one or both of the parties
toward the marriage.

Subd. 3.

Agreement over irretrievable breakdown.

If both
parties by petition or otherwise have stated under oath or
affirmation that the marriage is irretrievably broken deleted text begin , deleted text end or one of
the parties has so stated and the other has not denied it, the
court, after hearing, deleted text begin shall deleted text end new text begin must new text end make a finding that the
marriage is irretrievably broken.

Subd. 4.

Referee; open court.

The court or judge, upon
application, may refer the proceeding to a referee to take and
report the evidence deleted text begin therein deleted text end . Hearings for dissolution of
marriage deleted text begin shall deleted text end new text begin must new text end be heard in open court or before a referee
appointed by the court to receive the testimony of the
witnesses deleted text begin , deleted text end or depositions taken as in other equitable actions.
However, the court may in its discretion close the hearing.

Subd. 5.

Approval without hearing.

Proposed findings of
fact, conclusions of law, order for judgment, and judgment and
decree must be submitted to the court for approval and filing
without a final hearing in the following situations:

(1) if there are no minor children of the marriage, and (i)
the parties have entered into a written stipulation, or (ii) the
respondent has not appeared after service duly made and proved
by affidavit and at least 20 days have elapsed since the time
for answering under section 518.12 expired; or

(2) if there are minor children of the marriage, the
parties have signed and acknowledged a stipulation, and all
parties are represented by counsel.

Notwithstanding clause (1) or (2), the court deleted text begin shall deleted text end new text begin must
new text end schedule the matter for hearing deleted text begin in any case where deleted text end new text begin if new text end the
proposed judgment and decree does not appear to be in the best
interests of the minor children or is contrary to the interests
of justice.

Sec. 19.

Minnesota Statutes 2004, section 518.131, is
amended to read:

518.131 TEMPORARY ORDERS AND RESTRAINING ORDERS.

Subdivision 1.

Permissible orders.

new text begin (a) new text end In a proceeding
brought for custody, dissolution, or legal separation, or for
disposition of property, maintenance, or child support following
the dissolution of a marriage, either party may, by motion,
request from the court and the court may grant a temporary order
pending the final disposition of the proceeding to or for:

deleted text begin (a) deleted text end new text begin (1) new text end temporary custody and parenting time regarding the
minor children of the parties;

deleted text begin (b) deleted text end new text begin (2) new text end temporary maintenance of either spouse;

deleted text begin (c) deleted text end new text begin (3) new text end temporary child support for the children of the
parties;

deleted text begin (d) deleted text end new text begin (4) new text end temporary costs and reasonable attorney fees;

deleted text begin (e) deleted text end new text begin (5) new text end award the temporary use and possession, exclusive
or otherwise, of the family home, furniture, household goods,
automobiles, and other property of the parties;

deleted text begin (f) deleted text end new text begin (6) new text end restrain one or both parties from transferring,
encumbering, concealing, or disposing of property except in the
usual course of business or for the necessities of life, and to
account to the court for all such transfers, encumbrances,
dispositions, and expenditures made after the order is served or
communicated to the party restrained in open court;

deleted text begin (g) deleted text end new text begin (7) new text end restrain one or both parties from harassing,
vilifying, mistreating, molesting, disturbing the peace, or
restraining the liberty of the other party or the children of
the parties;

deleted text begin (h) deleted text end new text begin (8) new text end restrain one or both parties from removing any
minor child of the parties from the jurisdiction of the court;

deleted text begin (i) deleted text end new text begin (9) new text end exclude a party from the family home of the parties
or from the home of the other party; and

deleted text begin (j) deleted text end new text begin (10) new text end require one or both of the parties to perform or
to not perform deleted text begin such deleted text end additional acts deleted text begin as deleted text end new text begin that new text end will facilitate the
just and speedy disposition of the proceeding deleted text begin , deleted text end or deleted text begin will deleted text end protect
the parties or their children from physical or emotional harm.

new text begin (b) A party seeking a temporary custody order must submit
with moving papers an affidavit setting forth facts supporting
the requested order. The party must give notice and a copy of
the affidavit to other parties to the proceeding, who may file
opposing affidavits.
new text end

new text begin Subd. 1a. new text end

new text begin Temporary child support orders. new text end

new text begin (a) In a child
support proceeding a party may, by motion, request that the
court grant a temporary order pending the final disposition of
the proceeding for temporary child support, costs, and
reasonable attorney fees. Additionally, to facilitate the just
and speedy disposition of the proceeding, the court may require
a party to perform or refrain from performing additional acts.
new text end

new text begin (b) A temporary order continues in full force and effect
until:
new text end

new text begin (1) it is amended;
new text end

new text begin (2) it is vacated;
new text end

new text begin (3) the main action is dismissed; or
new text end

new text begin (4) a final decree of dissolution, legal separation, or
other final order is entered.
new text end

new text begin (c) The court must consider the factors set forth in this
chapter in making temporary orders.
new text end

new text begin (d) Temporary orders must be made solely on the basis of
affidavits and argument of counsel unless:
new text end

new text begin (1) a party makes a timely motion or responsive motion to
hear the matter on oral testimony before the court; or
new text end

new text begin (2) the court, in its discretion, orders the taking of oral
testimony.
new text end

new text begin (e) A temporary order does not prejudice the rights of the
parties or the child that are to be adjudicated at subsequent
hearings in the proceeding.
new text end

new text begin (f) A temporary order may be revoked or modified by the
court before the final disposition of the proceeding upon the
same grounds and subject to the same requirements as the initial
granting of the order.
new text end

Subd. 2.

Impermissible orders.

deleted text begin No deleted text end new text begin A new text end temporary order
deleted text begin shall deleted text end new text begin must not new text end :

deleted text begin (a) deleted text end new text begin (1) new text end deny parenting time to a parent unless the court
finds that the parenting time is likely to cause physical or
emotional harm to the child;

deleted text begin (b) deleted text end new text begin (2) new text end exclude a party from the family home of the parties
unless the court finds that physical or emotional harm to one of
the parties or to the children of the parties is likely to
result, or that the exclusion is reasonable in the
circumstances; or

deleted text begin (c) deleted text end new text begin (3) new text end vacate or modify an order granted under section
518B.01, subdivision 6, paragraph (a), clause (1), restraining
an abusing party from committing acts of domestic abuse, except
that the court may hear a motion for modification of an order
for protection concurrently with a proceeding for dissolution of
marriage upon notice of motion and motion. The notice required
by court rule deleted text begin shall deleted text end new text begin must new text end not be waived. If the proceedings are
consolidated and the motion to modify is granted, a separate
order for modification of an order for protection deleted text begin shall deleted text end new text begin must new text end be
issued.

Subd. 3.

Ex parte restraining order; limitations.

A
party may request and the court may make an ex parte restraining
order deleted text begin which may include deleted text end new text begin that includes new text end any matter that may be
included in a temporary order except new text begin it may not new text end :

deleted text begin (a) A restraining order may not deleted text end new text begin (1) new text end exclude either party
from the family home of the parties except upon a finding by the
court of immediate danger of physical harm to the other party or
the children of either party; deleted text begin and deleted text end new text begin or
new text end

deleted text begin (b) A restraining order may not deleted text end new text begin (2) new text end deny parenting time to
either party or grant custody of the minor children to either
party except upon a finding by the court of immediate danger of
physical harm to the minor children of the parties.

Subd. 4.

Hearing on restraining order; duration.

new text begin A
new text end restraining deleted text begin orders shall deleted text end new text begin order must new text end be personally served upon
the party to be restrained deleted text begin and shall be accompanied deleted text end new text begin along new text end with a
notice of the time and place of new text begin a new text end hearing new text begin for a temporary order
new text end for disposition of the matters contained in the restraining
order deleted text begin at a hearing for a temporary order deleted text end . deleted text begin When deleted text end new text begin If new text end a restraining
order has been issued, a hearing on the temporary order deleted text begin shall
deleted text end new text begin must new text end be held at the earliest practicable date. The restrained
party may upon written notice to the other party advance the
hearing date to a time earlier than that noticed by the other
party. The restraining order deleted text begin shall continue deleted text end new text begin continues new text end in full
force and effect only until the hearing time noticed, unless the
court, for good cause and upon notice new text begin , new text end extends the time for
hearing.

Subd. 5.

Duration of temporary order.

A temporary order
deleted text begin shall continue deleted text end new text begin continues new text end in full force and effect until the
earlier of its amendment or vacation, dismissal of the main
action new text begin , new text end or entry of a final decree of dissolution or legal
separation.

Subd. 6.

Effect of dismissal of main action.

If a
proceeding for dissolution or legal separation is dismissed, a
temporary custody order is vacated unless one of the parties or
the child's custodian moves that the proceeding continue as a
custody proceeding and the court finds, after a hearing, that
the circumstances of the parties and the best interests of the
child require that a custody order be issued.

Subd. 7.

Guiding factors.

The court deleted text begin shall deleted text end new text begin must new text end be guided
by the factors set forth in sections 518.551 (concerning child
support), 518.552 (concerning maintenance), 518.17 to 518.175
(concerning custody and parenting time), and 518.14 (concerning
costs and attorney fees) in making temporary orders and
restraining orders.

Subd. 8.

Basis for order.

Temporary orders deleted text begin shall deleted text end new text begin must new text end be
made solely on the basis of affidavits and argument of counsel
except upon demand by either party in a motion or responsive
motion made within the time limit for making and filing a
responsive motion that the matter be heard on oral testimony
before the court, or if the court in its discretion orders the
taking of oral testimony.

Subd. 9.

Prejudicial effect, revocation; modification.

A
temporary order or restraining order:

deleted text begin (a) Shall deleted text end new text begin (1) must new text end not prejudice the rights of the parties
or the child which are to be adjudicated at subsequent hearings
in the proceeding; and

deleted text begin (b) deleted text end new text begin (2) new text end may be revoked or modified by the court before the
final disposition of the proceeding upon the same grounds and
subject to the same requirements as the initial granting of the
order.

Subd. 10.

Misdemeanor.

In addition to being punishable
by contempt, a violation of a provision of a temporary order or
restraining order granting the relief authorized in subdivision
1, new text begin paragraph (a), new text end clause deleted text begin (g), (h), or (i) deleted text end new text begin (7), (8), or (9) new text end , is a
misdemeanor.

Subd. 11.

Temporary support and maintenance.

Temporary
support and maintenance may be ordered during the time a
parenting plan is being developed under section 518.1705.

Sec. 20.

Minnesota Statutes 2004, section 518.14, is
amended to read:

518.14 COSTS AND DISBURSEMENTS; ATTORNEY FEES; COLLECTION
COSTS.

Subdivision 1.

General.

new text begin (a) new text end Except as provided in
subdivision 2, in a proceeding under this chapter, the court
deleted text begin shall deleted text end new text begin must new text end award attorney fees, costs, and disbursements in an
amount necessary to enable a party to carry on or contest the
proceeding, deleted text begin provided deleted text end new text begin if new text end it finds new text begin that new text end :

(1) deleted text begin that deleted text end the fees are necessary for the good-faith
assertion of the party's rights in the proceeding and will not
contribute unnecessarily to the length and expense of the
proceeding;

(2) deleted text begin that deleted text end the party from whom fees, costs, and disbursements
are sought has the means to pay them; and

(3) deleted text begin that deleted text end the party to whom fees, costs, and disbursements
are awarded does not have the means to pay them.

new text begin (b) new text end Nothing in this section precludes the court from
awarding, in its discretion, additional fees, costs, and
disbursements against a party who unreasonably contributes to
the length or expense of the proceeding. Fees, costs, and
disbursements provided for in this section may be awarded at any
point in the proceeding, including a modification proceeding
under sections 518.18 and 518.64. The court may adjudge costs
and disbursements against either party. The court may authorize
the collection of money awarded by execution, deleted text begin or deleted text end out of property
sequestered, or in any other manner within the power of the
court. An award of attorney's fees made by the court during the
pendency of the proceeding or in the final judgment survives the
proceeding and if not paid by the party directed to pay deleted text begin the same
deleted text end new text begin them new text end may be enforced deleted text begin as above provided deleted text end new text begin in the manner provided in
this paragraph new text end or by a separate civil action brought in the
attorney's own name. If the proceeding is dismissed or
abandoned prior to determination and award of attorney's fees,
the court may nevertheless award attorney's fees upon the
attorney's motion. The award deleted text begin shall also survive deleted text end new text begin survives new text end the
proceeding and may be enforced in the deleted text begin same deleted text end manner deleted text begin as last above
deleted text end provided new text begin in this paragraph new text end .

Subd. 2.

Enforcement of child support.

(a) A child
support obligee is entitled to recover from the obligor
reasonable attorney fees and other collection costs incurred to
enforce a child support judgment, as provided in this
subdivision. In order to recover collection costs deleted text begin under deleted text end new text begin , as
provided in new text end this subdivision, the arrearages must be new text begin : (1) new text end at
least $500 deleted text begin and must be deleted text end new text begin ; (2) new text end at least 90 days past due deleted text begin . In
addition, the arrearages must be a deleted text end new text begin ; and (3) new text end docketed new text begin as a
new text end judgment under sections 548.09 and 548.091. If the obligor pays
in full the judgment rendered under section 548.091 within 20
days of receipt of notice of entry of judgment, the obligee is
not entitled to recover attorney fees or collection costs under
this subdivision.

(b) deleted text begin Written notice must be provided by any obligee
contracting with an attorney or collection entity to enforce a
child support judgment to the public authority responsible for
child support enforcement, deleted text end If the public authority is a party deleted text begin or
provides services to a party deleted text end new text begin to a case new text end , new text begin an obligee must provide
written notice to the public authority new text end within five days of
deleted text begin signing a contract for services and within five days of deleted text end new text begin : (1)
contracting with an attorney or collection entity to enforce a
child support judgment; or (2) new text end receipting any payments received
on a child support judgment. deleted text begin Attorney fees and collection costs
obtained under this subdivision are considered child support and
entitled to the applicable remedies for collection and
enforcement of child support.
deleted text end

(c) The obligee deleted text begin shall deleted text end new text begin must new text end serve notice of the obligee's
intent to recover attorney fees and collections costs by
certified or registered mail on the obligor at the obligor's
last known address. The notice must deleted text begin include an itemization of
deleted text end new text begin itemize new text end the attorney fees and collection costs being sought by
the obligee deleted text begin and deleted text end new text begin . It must new text end inform the obligor that the fees and
costs will become an additional judgment for child support
unless new text begin within 20 days of mailing of the notice new text end the obligor
requests a hearing new text begin : (1) new text end on the reasonableness of the fees and
costs new text begin ; new text end or new text begin (2) new text end to contest the child support judgment on grounds
limited to mistake of fact deleted text begin within 20 days of mailing of the
notice deleted text end .

(d) If the obligor requests a hearing, the only issues to
be determined by the court are new text begin : (1) new text end whether the attorney fees
or collection costs were reasonably incurred by the obligee for
the enforcement of a child support judgment against the obligor new text begin ;
new text end or new text begin (2) new text end the validity of the child support judgment on grounds
limited to mistake of fact. The fees and costs may not exceed
30 percent of the arrearages. The court may modify the amount
of attorney fees and costs as appropriate and shall enter
judgment accordingly.

(e) If the obligor fails to request a hearing within 20
days of mailing of the notice under paragraph (a), the amount of
the attorney fees or collection costs requested by the obligee
in the notice automatically becomes an additional judgment for
child support.

(f) new text begin Attorney fees and collection costs obtained under this
section are considered child support and entitled to the
applicable remedies for child support collection and enforcement.
new text end

new text begin (g) new text end The deleted text begin commissioner of human services deleted text end new text begin state court
administrator new text end shall prepare and make available to the court and
the parties forms for use in providing for notice and requesting
a hearing under this subdivision.

Sec. 21.

Minnesota Statutes 2004, section 518.148, is
amended to read:

518.148 CERTIFICATION OF DISSOLUTION.

Subdivision 1.

Certificate of dissolution.

An attorney
or pro se party may prepare and submit to the court a separate
certificate of dissolution to be attached to the judgment and
decree at the time of granting the dissolution of marriage.
Upon approval by the court and filing of the certificate of
dissolution with the court administrator, the court
administrator deleted text begin shall deleted text end new text begin must new text end provide to any party upon request
certified copies of the certificate of dissolution.

Subd. 2.

Required information.

The certificate deleted text begin shall
deleted text end new text begin must new text end include the following information:

(1) the full caption and file number of the case and the
title "Certificate of Dissolution";

(2) the names and any prior or other names of the parties
to the dissolution;

(3) the names of any living minor or dependent children as
identified in the judgment and decree;

(4) that the marriage of the parties is dissolved;

(5) the date of the judgment and decree; and

(6) the Social Security number of the parties to the
dissolution and the Social Security number of any living minor
or dependent children identified in the judgment and decree.

Subd. 3.

Certification.

The certificate of
dissolution deleted text begin shall be deleted text end new text begin is new text end conclusive evidence of the facts recited
in the certificate.

Sec. 22.

new text begin [518.151] SIX-MONTH REVIEW.
new text end

new text begin (a) A request for a six-month review hearing form must be
attached to a decree of dissolution or legal separation or an
order that initially establishes child custody, parenting time,
or support rights and obligations of parents. The state court
administrator is requested to prepare the request for a
six-month review hearing form. The form must include
information regarding the procedures for requesting a hearing,
the purpose of the hearing, and any other information regarding
a hearing under this section that the state court administrator
deems necessary.
new text end

new text begin (b) The six-month review hearing must be held if any party
submits a written request for a hearing within six months after
entry of a decree of dissolution or legal separation or order
that establishes child custody, parenting time, or support.
new text end

new text begin (c) Upon receipt of a completed request for a six-month
review hearing form, the court administrator shall provide
notice of the hearing to all other parties and the public
authority.
new text end

new text begin (d) At the six-month hearing, the court must review:
new text end

new text begin (1) whether child support is current; and
new text end

new text begin (2) whether both parties are complying with the parenting
time provisions of the order.
new text end

new text begin (e) At the six-month hearing, the obligor has the burden to
present evidence to establish that child support payments are
current. A party may request that the public authority provide
information to the parties and court regarding child support
payments. A party must request the information from the public
authority at least 14 days before the hearing. The commissioner
of human services must develop a form to be used by the public
authority to submit child support payment information to the
parties and court.
new text end

new text begin (f) Contempt of court and all statutory remedies for child
support and parenting time enforcement may be imposed by the
court at the six-month hearing for noncompliance by either party
pursuant to this chapter and chapter 588 and the Minnesota Court
Rules.
new text end

new text begin (g) A request for a six-month review hearing form must be
attached to a decree or order that initially establishes child
support rights and obligations according to this chapter.
new text end

Sec. 23.

Minnesota Statutes 2004, section 518.155, is
amended to read:

518.155 CUSTODY deleted text begin DETERMINATIONS deleted text end new text begin AND PARENTING TIME
JURISDICTION new text end .

Notwithstanding any law to the contrary, a court in which a
proceeding for dissolution, legal separation, or child custody
has been commenced deleted text begin shall deleted text end new text begin must new text end not issue, revise, modify or amend
any order, pursuant to sections 518.131, 518.165, 518.168,
518.17, 518.175 new text begin , new text end or 518.18, deleted text begin which deleted text end new text begin that new text end affects the custody of a
minor child or the parenting time of a parent unless the court
has jurisdiction over the matter deleted text begin pursuant to the provisions of
deleted text end new text begin under new text end chapter 518D.

Sec. 24.

Minnesota Statutes 2004, section 518.156, is
amended to read:

518.156 COMMENCEMENT OF CUSTODY PROCEEDING.

Subdivision 1.

Procedure.

In a court of this state deleted text begin which
has deleted text end new text begin with new text end jurisdiction to decide child custody matters, a child
custody proceeding is commenced by a parent:

(1) by filing a petition for dissolution or legal
separation; or

(2) deleted text begin where deleted text end new text begin if new text end a decree of dissolution or legal separation
has been entered or where none is sought, or deleted text begin when deleted text end new text begin if new text end paternity
has been recognized under section 257.75, by filing a petition
or motion seeking custody or parenting time with the child in
the county where the child is permanently resident or where the
child is found or where an earlier order for custody of the
child has been entered.

Subd. 2.

Required notice.

Written notice of a child
custody or parenting time or visitation proceeding deleted text begin shall deleted text end new text begin must new text end be
given to the child's parent, guardian, and custodian, who may
appear and be heard and may file a responsive pleading. The
court may, upon a showing of good cause, permit the intervention
of other interested parties.

Sec. 25.

Minnesota Statutes 2004, section 518.157, is
amended to read:

518.157 PARENT EDUCATION PROGRAM IN PROCEEDINGS INVOLVING
CHILDREN.

Subdivision 1.

Implementation; administration.

deleted text begin By
January 1, 1998, deleted text end The chief judge of each judicial district or a
designee deleted text begin shall deleted text end new text begin must new text end implement one or more parent education
programs within the judicial district for the purpose of
educating parents about the impact that divorce, the
restructuring of families, and judicial proceedings have upon
children and families; methods for preventing parenting time
conflicts; and dispute resolution options. The chief judge of
each judicial district or a designee may require that children
attend a separate education program designed to deal with the
impact of divorce upon children as part of the parent education
program. Each parent education program must enable persons to
have timely and reasonable access to education sessions.

Subd. 2.

Minimum standards; plan.

The Minnesota Supreme
Court should promulgate minimum standards for the implementation
and administration of a parent education program. The chief
judge of each judicial district or a designee deleted text begin shall deleted text end new text begin must new text end submit
a plan to the Minnesota conference of chief judges for their
approval that is designed to implement and administer a parent
education program in the judicial district. The plan must be
consistent with the minimum standards promulgated by the
Minnesota Supreme Court.

Subd. 3.

Attendance.

In a proceeding under this chapter
where custody or parenting time is contested, the parents of a
minor child deleted text begin shall deleted text end new text begin must new text end attend a minimum of eight hours in an
orientation and education program that meets the minimum
standards promulgated by the Minnesota Supreme Court. In all
other proceedings involving custody, support, or parenting time
the court may order the parents of a minor child to attend a
parent education program. The program deleted text begin shall deleted text end new text begin must new text end provide the
court with names of persons who fail to attend the parent
education program as ordered by the court. Persons who are
separated or contemplating involvement in a dissolution,
paternity, custody, or parenting time proceeding may attend a
parent education program without a court order. Unless
otherwise ordered by the court, participation in a parent
education program must begin within 30 days after the first
filing with the court or as soon as practicable after that time
based on the reasonable availability of classes for the program
for the parent. Parent education programs must offer an
opportunity to participate at all phases of a pending or
postdecree proceeding. Upon request of a party and a showing of
good cause, the court may excuse the party from attending the
program. If past or present domestic abuse, as defined in
chapter 518B, is alleged, the court deleted text begin shall deleted text end new text begin must new text end not require the
parties to attend the same parent education sessions and deleted text begin shall
deleted text end new text begin must new text end enter an order setting forth the manner in which the
parties may safely participate in the program.

Subd. 4.

Sanctions.

The court may impose sanctions upon
a parent for failure to attend or complete a parent education
program as ordered.

Subd. 5.

Confidentiality.

Unless all parties agree in
writing, statements made by a party during participation in a
parent education program are inadmissible as evidence for any
purpose, including impeachment. No record may be made regarding
a party's participation in a parent education program, except a
record of attendance at and completion of the program as
required under this section. Instructors deleted text begin shall deleted text end new text begin must new text end not
disclose information regarding an individual participant
obtained as a result of participation in a parent education
program. Parent education instructors may not be subpoenaed or
called as witnesses in court proceedings.

Subd. 6.

Fee.

Except as provided in this subdivision,
each person who attends a parent education program deleted text begin shall deleted text end new text begin must
new text end pay a fee to defray the cost of the program. A party who
qualifies for waiver of filing fees under section 563.01 is
exempt from paying the parent education program fee new text begin , new text end and the
court deleted text begin shall deleted text end new text begin must new text end waive the fee or direct its payment under
section 563.01. Program providers deleted text begin shall deleted text end new text begin must new text end implement a
sliding fee scale.

Sec. 26.

Minnesota Statutes 2004, section 518.165, is
amended to read:

518.165 GUARDIANS FOR MINOR CHILDREN.

Subdivision 1.

Permissive appointment of guardian ad
litem.

In all proceedings for child custody or for dissolution
or legal separation where custody or parenting time with a minor
child is in issue, the court may appoint a guardian ad litem
from a panel established by the court to represent the interests
of the child. The guardian ad litem deleted text begin shall deleted text end new text begin must new text end advise the court
with respect to custody, support, and parenting time.

Subd. 2.

Required appointment of guardian ad litem.

new text begin The
court must appoint a guardian ad litem new text end in all proceedings for
child custody or for marriage dissolution or legal separation in
which custody or parenting time with a minor child is an issue,
if the court has reason to believe that the minor child is a
victim of domestic child abuse or neglect, as those terms are
defined in sections 260C.007 and 626.556, respectively deleted text begin , the
court shall appoint a guardian ad litem deleted text end . The guardian ad
litem deleted text begin shall deleted text end new text begin must new text end represent the interests of the child and advise
the court with respect to custody, support, and parenting time.
If the child is represented by a guardian ad litem in any other
pending proceeding, the court may appoint that guardian to
represent the child in the custody or parenting time
proceeding. No guardian ad litem need be appointed if the
alleged domestic child abuse or neglect is before the court on a
juvenile dependency and neglect petition. Nothing in this
subdivision requires the court to appoint a guardian ad litem in
any proceeding for child custody, marriage dissolution, or legal
separation in which an allegation of domestic child abuse or
neglect has not been made.

Subd. 2a.

Responsibilities of guardian ad litem.

A
guardian ad litem deleted text begin shall carry out the following responsibilities
deleted text end new text begin must new text end :

(1) conduct an independent investigation to determine the
facts relevant to the situation of the child and the family,
which must include, unless specifically excluded by the court,
reviewing relevant documents; meeting with and observing the
child in the home setting and considering the child's wishes, as
appropriate; and interviewing parents, caregivers, and others
with knowledge relevant to the case;

(2) advocate for the child's best interests by
participating in appropriate aspects of the case and advocating
for appropriate community services when necessary;

(3) maintain the confidentiality of information related to
a case, with the exception of sharing information as permitted
by law to promote cooperative solutions that are in the best
interests of the child;

(4) monitor the child's best interests throughout the
judicial proceeding; and

(5) present written reports on the child's best interests
that include conclusions and recommendations and the facts upon
which they are based.

Subd. 3.

Fees.

(a) A guardian ad litem appointed under
either subdivision 1 or 2 may be appointed either as a volunteer
or on a fee basis. If a guardian ad litem is appointed on a fee
basis, the court deleted text begin shall deleted text end new text begin must new text end enter an order for costs, fees, and
disbursements in favor of the child's guardian ad litem. The
order may be made against either or both parties, except that
any part of the costs, fees, or disbursements which the court
finds the parties are incapable of paying deleted text begin shall deleted text end new text begin must new text end be borne by
the state courts. The costs of court-appointed counsel to the
guardian ad litem deleted text begin shall deleted text end new text begin must new text end be paid by the county in which the
proceeding is being held if a party is incapable of paying for
them. Until the recommendations of the task force created in
Laws 1999, chapter 216, article 7, section 42, are implemented,
the costs of court-appointed counsel to a guardian ad litem in
the Eighth Judicial District deleted text begin shall deleted text end new text begin must new text end be paid by the state
courts if a party is incapable of paying for them. In no event
may the court order that costs, fees, or disbursements be paid
by a party receiving public assistance or legal assistance or by
a party whose annual income falls below the poverty line as
established under United States Code, title 42, section 9902(2).

(b) In each fiscal year, the commissioner of finance deleted text begin shall
deleted text end new text begin must new text end deposit guardian ad litem reimbursements in the general
fund and credit them to a separate account with the trial
courts. The balance of this account is appropriated to the
trial courts and does not cancel but is available until
expended. Expenditures by the state court administrator's
office from this account must be based on the amount of the
guardian ad litem reimbursements received by the state from the
courts in each judicial district.

Sec. 27.

Minnesota Statutes 2004, section 518.166, is
amended to read:

518.166 INTERVIEWS new text begin ; RECOMMENDATIONS new text end .

The court may interview the child in chambers to ascertain
the child's reasonable preference deleted text begin as to custodian deleted text end new text begin regarding with
which parent the child would reside new text end , if the court deems the
child to be of sufficient age to express preference. The
court deleted text begin shall deleted text end new text begin must new text end permit counsel to be present at the interview
and deleted text begin shall deleted text end new text begin must new text end permit counsel to propound reasonable questions
to the child either directly or through the court. The
court deleted text begin shall deleted text end new text begin must new text end cause a record of the interview to be made and
to be made part of the record in the case unless waived by the
parties.

In contested custody proceedings, and in other custody
proceedings if a parent or the child's custodian requests, the
court may seek the recommendations of professional personnel
whether or not they are employed on a regular basis by the
court. The recommendations deleted text begin given shall deleted text end new text begin must new text end be in writing and
deleted text begin shall deleted text end new text begin must new text end be made available by the court to counsel upon
request. Counsel may call for cross-examination of professional
personnel consulted by the court.

Sec. 28.

Minnesota Statutes 2004, section 518.167,
subdivision 3, is amended to read:

Subd. 3.

Availability to counsel.

The court deleted text begin shall deleted text end new text begin must
new text end mail the investigator's report to counsel and to any party not
represented by counsel at least ten days before the hearing.
The investigator deleted text begin shall deleted text end new text begin must new text end maintain and, upon request, make
available to counsel and to a party not represented by counsel
the investigator's file of underlying data and reports, complete
texts of diagnostic reports made to the investigator pursuant to
the provisions of subdivision 2, and the names and addresses of
all persons whom the investigator has consulted. deleted text begin The
investigator and any person the investigator has consulted is
subject to other pretrial discovery in accordance with the
requirements of the Minnesota Rules of Civil Procedure.
Mediation proceedings are not subject to discovery without
written consent of both parties. A party to the proceeding may
call the investigator and any person whom the investigator has
consulted for cross-examination at the hearing. A party may not
waive the right of cross-examination before the hearing.
deleted text end

Sec. 29.

Minnesota Statutes 2004, section 518.167,
subdivision 4, is amended to read:

Subd. 4.

deleted text begin use at deleted text end new text begin discovery; new text end hearing.

new text begin The investigator and
any person the investigator has consulted is subject to other
pretrial discovery in accordance with the requirements of the
Minnesota Rules of Civil Procedure. Mediation proceedings are
not subject to discovery without written consent of both
parties. A party to the proceeding may cross-examine at the
hearing the investigator and any person whom the investigator
has consulted for cross-examination. A party may not waive the
right of cross-examination before the hearing. new text end The
investigator's report may be received in evidence at the hearing.

Sec. 30.

Minnesota Statutes 2004, section 518.167,
subdivision 5, is amended to read:

Subd. 5.

Costs.

The court deleted text begin shall deleted text end new text begin must new text end order all or part
of the cost of the investigation and report to be paid by either
or both parties, based on their ability to pay. Any part of the
cost that the court finds the parties are incapable of paying
must be borne by the deleted text begin county welfare deleted text end new text begin local social services new text end agency
or department of court services that performs the
investigation. The court may not order costs under this
subdivision to be paid by a party receiving public assistance or
legal assistance from a qualified legal services program or by a
party whose annual income falls below the poverty line under
United States Code, title 42, section 9902(2).

Sec. 31.

Minnesota Statutes 2004, section 518.168, is
amended to read:

518.168 HEARINGS.

(a) Custody proceedings deleted text begin shall deleted text end new text begin must new text end receive priority in
being set for hearing.

(b) The court may tax as costs the payment of necessary
travel and other expenses incurred by a person whose presence at
the hearing the court deems necessary to determine the best
interests of the child.

(c) The court without a jury deleted text begin shall deleted text end new text begin must new text end determine questions
of law and fact. If it finds that a public hearing may be
detrimental to the child's best interests, the court may exclude
the public from a custody hearing, but may admit any person who
has a direct interest in the particular case.

(d) If the court finds it necessary for the protection of
the child's welfare that the record of an interview, report,
investigation, or testimony in a custody proceeding new text begin not new text end be deleted text begin kept
secret deleted text end new text begin disclosed new text end , the court may make an appropriate order
sealing the record.

Sec. 32.

Minnesota Statutes 2004, section 518.17, is
amended to read:

518.17 CUSTODY AND SUPPORT OF CHILDREN ON JUDGMENT.

Subdivision 1.

The best interests of the child.

(a) "The
best interests of the child" means all relevant factors to be
considered and evaluated by the court including:

(1) the wishes of the child's parent or parents as to
custody;

(2) the reasonable preference of the child, if the court
deems the child to be of sufficient age to express preference;

(3) the child's primary caretaker;

(4) the intimacy of the relationship between each parent
and the child;

(5) the interaction and interrelationship of the child with
a parent or parents, siblings, and any other person who may
significantly affect the child's best interests;

(6) the child's adjustment to home, school, and community;

(7) the length of time the child has lived in a stable,
satisfactory environment and the desirability of maintaining
continuity;

(8) the permanence, as a family unit, of the existing or
proposed custodial home;

(9) the mental and physical health of all individuals
involved; except that a disability, as defined in section
363A.03, of a proposed custodian or the child shall not be
determinative of the custody of the child, unless the proposed
custodial arrangement is not in the best interest of the child;

(10) the capacity and disposition of the parties to give
the child love, affection, and guidance, and to continue
educating and raising the child in the child's culture and
religion or creed, if any;

(11) the child's cultural background;

(12) the effect on the child of the actions of an abuser,
if related to domestic abuse, as defined in section 518B.01,
that has occurred between the parents or between a parent and
another individual, whether or not the individual alleged to
have committed domestic abuse is or ever was a family or
household member of the parent; deleted text begin and
deleted text end

(13) except in cases in which a finding of domestic abuse
as defined in section 518B.01 has been made, the disposition of
each parent to encourage and permit frequent and continuing
contact by the other parent with the child new text begin ; and
new text end

new text begin (14) evidence of a violation of section 609.507 new text end .

deleted text begin The court may not use one factor to the exclusion of all
others. The primary caretaker factor may not be used as a
presumption in determining the best interests of the child. The
court must make detailed findings on each of the factors and
explain how the factors led to its conclusions and to the
determination of the best interests of the child.
deleted text end

(b) deleted text begin The court shall not consider conduct of a proposed
custodian that does not affect the custodian's relationship to
the child. deleted text end new text begin The court must make detailed findings on each of the
factors in this subdivision and explain how the factors led to
its conclusion and to the determination of the best interests of
the child. In determining the best interests of a child, the
court may not use one factor in this subdivision to the
exclusion of all others. The primary caretaker factor may not
be used as a presumption in determining the best interests of
the child. The court must not consider conduct of a parent that
does not affect the parent's relationship to the child.
new text end

Subd. 1a.

Evidence of false allegations of child abuse.

The court deleted text begin shall deleted text end new text begin must new text end consider evidence of a violation of section
609.507 in determining the best interests of the child.

Subd. 2.

Factors when joint custody is sought.

In
addition to the factors listed in subdivision 1, where either
joint legal or joint physical custody is contemplated or sought,
the court deleted text begin shall deleted text end new text begin must new text end consider the following relevant factors:

deleted text begin (a) deleted text end new text begin (1) new text end the ability of parents to cooperate in the rearing
of their children;

deleted text begin (b) deleted text end new text begin (2) new text end methods for resolving disputes regarding any major
decision concerning the life of the child, and the parents'
willingness to use those methods;

deleted text begin (c) deleted text end new text begin (3) new text end whether it would be detrimental to the child if one
parent were to have sole authority over the child's upbringing;
and

deleted text begin (d) deleted text end new text begin (4) new text end whether domestic abuse, as defined in section
518B.01, has occurred between the parents.

new text begin Subd. 2a. new text end

new text begin Presumptions; findings. new text end

new text begin (a) new text end The court deleted text begin shall
deleted text end new text begin must new text end use a rebuttable presumption that upon request of either or
both deleted text begin parties deleted text end new text begin parents new text end , joint legal custody is in the best
interests of the child. However, the court deleted text begin shall deleted text end new text begin must new text end use a
rebuttable presumption that joint legal or physical custody is
not in the best interests of the child if domestic abuse, as
defined in section 518B.01, has occurred between the parents.

new text begin (b) new text end If the court awards joint legal or physical custody
over the objection of a deleted text begin party deleted text end new text begin parent new text end , the court deleted text begin shall deleted text end new text begin must new text end make
detailed findings on each of the factors in this deleted text begin subdivision
deleted text end new text begin section new text end and explain how the factors led to its determination
that joint custody would be in the best interests of the child.

Subd. 3.

Custody order.

(a) Upon adjudging the nullity
of a marriage, or in a dissolution or separation proceeding, or
in a child custody proceeding, the court deleted text begin shall deleted text end new text begin must new text end make such
further order as it deems just and proper concerning:

(1) the legal custody of the minor children of the parties
which shall be sole or joint;

(2) their physical custody and residence; and

(3) their support.

In determining custody, the court deleted text begin shall deleted text end new text begin must new text end consider the best
interests of each child and deleted text begin shall deleted text end new text begin must new text end not prefer one parent
over the other solely on the basis of the sex of the parent.

(b) The court deleted text begin shall deleted text end new text begin must new text end grant the following rights to each
of the parties, unless specific findings are made under section
518.68, subdivision 1. Each party new text begin : (1) new text end has the right of access
to, and to receive copies of, school, medical, dental, religious
training, and other important records and information deleted text begin about the
minor children. Each party deleted text end new text begin ; (2) new text end has the right of access to
information regarding health or dental insurance available to
the minor deleted text begin children. Each party shall deleted text end new text begin child; (3) must new text end keep the
other party informed as to the name and address of the school deleted text begin of
attendance of the minor children deleted text end new text begin a minor child attends; (4) must
notify the other party of any accident or serious illness of a
minor child, the name of the health care provider, and the place
of treatment; and (5) has the right to reasonable access and
telephone contact with a minor child new text end .

new text begin (c) new text end Each party has the right to be informed by school
officials about the children's welfare, educational progress and
status, and to attend school and parent-teacher conferences.

new text begin (d) new text end The school is not required to hold a separate
conference for each party. deleted text begin In case of an accident or serious
illness of a minor child, each party shall notify the other
party of the accident or illness, and the name of the health
care provider and the place of treatment. Each party has the
right to reasonable access and telephone contact with the minor
children. deleted text end The court may waive any of the rights under this
section if it finds it is necessary to protect the welfare of a
party or child.

Subd. 6.

Departure from guidelines based on joint
custody.

An award of joint legal custody is not a reason for
departure from the guidelines in section 518.551, subdivision 5.

Sec. 33.

Minnesota Statutes 2004, section 518.1705,
subdivision 2, is amended to read:

Subd. 2.

Plan elements.

(a) A parenting plan must
include the following:

(1) a schedule of the time each parent spends with the
child;

(2) a designation of decision-making responsibilities
regarding the child; and

(3) a method of dispute resolution.

(b) A parenting plan may include other issues and matters
the parents agree to regarding the child.

(c) Parents voluntarily agreeing to parenting plans may
substitute other terms for physical and legal custody, including
designations of joint or sole custody, deleted text begin provided that deleted text end new text begin if new text end the
terms used in the substitution are defined in the parenting plan.

Sec. 34.

Minnesota Statutes 2004, section 518.1705,
subdivision 6, is amended to read:

Subd. 6.

Restrictions on preparation new text begin and content new text end of
parenting plan.

(a) Dispute resolution processes other than the
judicial process may not be required in the preparation of a
parenting plan if a parent is alleged to have committed domestic
abuse toward a parent or child who is a party to, or subject of,
the matter before the court. In these cases, the court deleted text begin shall
deleted text end new text begin must new text end consider the appointment of a guardian ad litem and a
parenting plan evaluator.

(b) The court may not require a parenting plan that
provides for joint legal custody or use of dispute resolution
processes, other than the judicial process, if the court finds
that section 518.179 applies or the court finds that either
parent has engaged in the following toward a parent or child who
is a party to, or subject of, the matter before the court:

(1) acts of domestic abuse, including physical harm, bodily
injury, and infliction of fear of physical harm, assault,
terroristic threats, or criminal sexual conduct;

(2) physical, sexual, or a pattern of emotional abuse of a
child; or

(3) willful abandonment that continues for an extended
period of time or substantial refusal to perform parenting
functions.

Sec. 35.

Minnesota Statutes 2004, section 518.1705,
subdivision 7, is amended to read:

Subd. 7.

Moving deleted text begin the deleted text end child to another state.

Parents may
agree, but the court must not require, that in a parenting plan
the factors in section 518.17 or 257.025, as applicable, will
govern a decision concerning removal of a child's residence from
this state, deleted text begin provided that deleted text end new text begin if new text end :

(1) both parents were represented by counsel when the
parenting plan was approved; or

(2) the court found the parents were fully informed, the
agreement was voluntary, and the parents were aware of its
implications.

Sec. 36.

Minnesota Statutes 2004, section 518.1705,
subdivision 9, is amended to read:

Subd. 9.

Modification of parenting plans.

(a) Parents
may modify the schedule of the time each parent spends with the
child or the decision-making provisions of a parenting plan by
agreement. To be enforceable, modifications must be confirmed
by court order. A motion to modify decision-making provisions
or the time each parent spends with the child may be made only
within the time limits provided by section 518.18.

(b) The parties may agree, but the court must not require
them, to apply the best interests standard in section 518.17 or
257.025, as applicable, for deciding a motion for modification
that would change the child's primary residence, deleted text begin provided that
deleted text end new text begin if new text end :

(1) both parties were represented by counsel when the
parenting plan was approved; or

(2) the court found the parties were fully informed, the
agreement was voluntary, and the parties were aware of its
implications.

(c) If the parties do not agree to apply the best interests
standard, section 518.18, paragraph (d), applies.

Sec. 37.

Minnesota Statutes 2004, section 518.175, is
amended to read:

518.175 PARENTING TIME.

Subdivision 1.

General.

(a) In all proceedings for
dissolution or legal separation, subsequent to the commencement
of the proceeding and continuing thereafter during the minority
of the child, the court deleted text begin shall deleted text end new text begin must new text end , upon the request of either
parent, grant deleted text begin such deleted text end parenting time on behalf of the child and a
parent deleted text begin as deleted text end new text begin that new text end will enable the child and the parent to maintain
a child to parent relationship that will be in the best
interests of the child.

new text begin (b) new text end If the court finds, after a hearing, that parenting
time with a parent is likely to endanger the child's physical or
emotional health or impair the child's emotional development,
the court deleted text begin shall deleted text end new text begin must new text end restrict parenting time with that parent as
to time, place, duration, or supervision and may deny parenting
time entirely, as the circumstances warrant. The court deleted text begin shall
deleted text end new text begin must new text end consider the age of the child and the child's relationship
with the parent deleted text begin prior to deleted text end new text begin before new text end the commencement of the
proceeding.

new text begin (c) new text end A parent's failure to pay support because of the
parent's inability to do so deleted text begin shall deleted text end new text begin is new text end not deleted text begin be deleted text end sufficient cause for
denial of parenting time.

deleted text begin (b) deleted text end new text begin (d) new text end The court may provide that a law enforcement
officer or other appropriate person will accompany a party
seeking to enforce or comply with parenting time.

deleted text begin (c) deleted text end new text begin (e) new text end Upon request of either party, to the extent
practicable an order for parenting time must include a specific
schedule for parenting time, including the frequency and
duration of visitation and visitation during holidays and
vacations, unless parenting time is restricted, denied, or
reserved.

deleted text begin (d) deleted text end new text begin (f) new text end The court administrator deleted text begin shall deleted text end new text begin must new text end provide a form
for a pro se motion regarding parenting time disputes,
which deleted text begin includes deleted text end new text begin must include new text end provisions for indicating the relief
requested, an affidavit in which the party may state the facts
of the dispute, and a brief description of the parenting time
expeditor process under section 518.1751. The form may not
include a request for a change of custody. The court deleted text begin shall deleted text end new text begin must
new text end provide instructions on serving and filing the motion.

Subd. 1a.

Domestic abuse; supervised parenting time.

(a)
If a parent requests supervised parenting time under subdivision
1 or 5 and an order for protection under chapter 518B or a
similar law of another state is in effect against the other
parent to protect new text begin the child or new text end the parent with whom the child
resides deleted text begin or the child deleted text end , the judge or judicial officer must
consider the order for protection in making a decision regarding
parenting time.

(b) The state court administrator, in consultation with
representatives of parents and other interested persons, deleted text begin shall
deleted text end new text begin must new text end develop standards to be met by persons who are responsible
for supervising parenting time. Either parent may challenge the
appropriateness of an individual chosen by the court to
supervise parenting time.

Subd. 2.

Rights of children and parents.

Upon the
request of either parent, the court may inform any child of the
parties, if eight years of age or older, or otherwise of an age
of suitable comprehension, of the rights of the child and each
parent under the order or decree or any substantial amendment
deleted text begin thereof deleted text end new text begin of it new text end . The parent with whom the child resides deleted text begin shall
deleted text end new text begin must new text end present the child for parenting time with the other parent,
at deleted text begin such deleted text end new text begin the new text end times deleted text begin as deleted text end the court directs.

Subd. 3.

Move to another state.

The parent with whom the
child resides deleted text begin shall deleted text end new text begin must new text end not move the new text begin child's new text end residence deleted text begin of the
child deleted text end to another state except upon order of the court or with
the consent of the other parent, if the other parent has been
given parenting time by the decree. If the purpose of the move
is to interfere with parenting time given to the other parent by
the decree, the court deleted text begin shall deleted text end new text begin must new text end not permit the child's
residence to be moved to another state.

Subd. 5.

Modification of parenting plan or order for
parenting time.

new text begin (a) new text end If modification would serve the best
interests of the child, the court deleted text begin shall deleted text end new text begin must new text end modify the
decision-making provisions of a parenting plan or an order
granting or denying parenting time, if the modification would
not change the child's primary residence. Except as provided in
section 631.52, the court may not restrict parenting time unless
it finds that:

(1) parenting time is likely to endanger the child's
physical or emotional health or impair the child's emotional
development; or

(2) the parent has chronically and unreasonably failed to
comply with court-ordered parenting time.

new text begin (b) new text end If a parent makes specific allegations that parenting
time by the other parent places the parent or child in danger of
harm, the court deleted text begin shall deleted text end new text begin must new text end hold a hearing at the earliest
possible time to determine the need to modify the order granting
parenting time. Consistent with subdivision 1a, the court may
require a third party, including the local social services
agency, to supervise the parenting time or may restrict a
parent's parenting time if necessary to protect the other parent
or child from harm. If there is an existing order for
protection governing the parties, the court deleted text begin shall deleted text end new text begin must new text end consider
the use of an independent, neutral exchange location for
parenting time.

Subd. 6.

Remedies.

(a) The court may provide for one or
more of the following remedies for denial of or interference
with court-ordered parenting time as provided under this
subdivision. All parenting time orders must include notice of
the provisions of this subdivision.

(b) If the court finds that a deleted text begin person deleted text end new text begin parent new text end has been
deprived of court-ordered parenting time, the court deleted text begin shall deleted text end new text begin must
new text end order the parent who deleted text begin has interfered deleted text end new text begin caused the deprivation new text end to
allow compensatory parenting time to the other parent or the
court deleted text begin shall deleted text end new text begin must new text end make specific findings as to why a request for
compensatory parenting time is denied. If compensatory
parenting time is awarded, additional parenting time must be:

(1) at least of the same type and duration as the deprived
parenting time and, at the discretion of the court, may be in
excess of or of a different type than the deprived parenting
time;

(2) taken within one year after the deprived parenting
time; and

(3) at a time acceptable to the parent deprived of
parenting time.

(c) If the court finds that a party has wrongfully failed
to comply with a parenting time order or a binding agreement or
decision under section 518.1751, the court may:

(1) impose a civil penalty of up to $500 on the party;

(2) require the party to post a bond with the court for a
specified period of time to secure the party's compliance;

(3) award reasonable attorney's fees and costs;

(4) require the party who violated the parenting time order
or binding agreement or decision of the parenting time expeditor
to reimburse the other party for costs incurred as a result of
the violation of the order deleted text begin or deleted text end new text begin , new text end agreement new text begin , new text end or decision; or

(5) award any other remedy that the court finds to be in
the best interests of the children involved.

A civil penalty imposed under this paragraph must be
deposited in the county general fund and must be used to fund
the costs of a parenting time expeditor program in a county with
this program. In other counties, the civil penalty must be
deposited in the state general fund.

(d) If the court finds that a party has been denied
parenting time and has incurred expenses in connection with the
denied parenting time, the court may require the party who
denied parenting time to post a bond in favor of the other party
in the amount of prepaid expenses associated with upcoming
planned parenting time.

(e) Proof of an unwarranted denial of or interference with
duly established parenting time may constitute contempt of court
and may be sufficient cause for reversal of custody.

Subd. 8.

Additional parenting time for child care
deleted text begin parent deleted text end .

The court may allow additional parenting time to a
parent to provide child care while the other parent is working
if this arrangement is reasonable and in the best interests of
the child, as defined in section 518.17, subdivision 1. In
addition, the court deleted text begin shall deleted text end new text begin must new text end consider:

(1) the ability of the parents to cooperate;

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

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

Sec. 38.

Minnesota Statutes 2004, section 518.1751,
subdivision 1b, is amended to read:

Subd. 1b.

Purpose; definitions.

(a) The purpose of a
parenting time expeditor is to resolve parenting time disputes
by enforcing, interpreting, clarifying, and addressing
circumstances not specifically addressed by an existing
parenting time order and, if appropriate, to make a
determination as to whether the existing parenting time order
has been violated. A parenting time expeditor may be appointed
to resolve a onetime parenting time dispute or to provide
ongoing parenting time dispute resolution services. new text begin A parenting
time expeditor must attempt to resolve a parenting time dispute
by facilitating negotiations between the parties to promote
settlement. If it becomes apparent that the dispute cannot be
resolved by an agreement of the parties, the parenting time
expeditor must make a decision resolving the dispute.
new text end

(b) For purposes of this section, "parenting time dispute"
means a disagreement among parties about parenting time with a
child, including a dispute about an anticipated denial of future
scheduled parenting time. "Parenting time dispute" includes a
claim by a parent that the other parent is not spending time
with a child as well as a claim by a parent that the other
parent is denying or interfering with parenting time.

(c) A "parenting time expeditor" is a neutral person
authorized to use a mediation-arbitration process to resolve
parenting time disputes. deleted text begin A parenting time expeditor shall
attempt to resolve a parenting time dispute by facilitating
negotiations between the parties to promote settlement and, if
it becomes apparent that the dispute cannot be resolved by an
agreement of the parties, the parenting time expeditor shall
make a decision resolving the dispute.
deleted text end

Sec. 39.

Minnesota Statutes 2004, section 518.1751,
subdivision 2, is amended to read:

Subd. 2.

Appointment.

(a) The parties may stipulate to
the appointment of a parenting time expeditor or a team of two
expeditors without appearing in court deleted text begin by submitting deleted text end new text begin . The
parties may submit new text end to the court a written agreement identifying
the names of the individuals to be appointed by the court; the
nature of the dispute; the responsibilities of the parenting
time expeditor, including whether the expeditor is appointed to
resolve a specific issue or on an ongoing basis; the term of the
appointment; and the apportionment of fees and costs. The court
deleted text begin shall deleted text end new text begin must new text end review the agreement of the parties.

(b) If the parties cannot agree on a parenting time
expeditor, the court deleted text begin shall deleted text end new text begin must new text end provide deleted text begin to the parties deleted text end new text begin them with
new text end a copy of the court administrator's roster of parenting time
expeditors and require the parties to exchange the names of
three potential parenting time expeditors by a specific date.
If after exchanging names the parties are unable to agree upon a
parenting time expeditor, the court deleted text begin shall deleted text end new text begin must new text end select the
deleted text begin parenting time deleted text end expeditor and, in its discretion, may appoint one
expeditor or a team of two deleted text begin expeditors deleted text end . In the selection process
the court must give consideration to the financial circumstances
of the parties and the fees of those being considered
as deleted text begin parenting time deleted text end expeditors. Preference must be given to
persons who agree to volunteer their services or who will charge
a variable fee for services based on the ability of the parties
to pay for them.

(c) An order appointing a parenting time expeditor must
identify the name of the individual to be appointed, the nature
of the dispute, the responsibilities of the expeditor including
whether the expeditor is appointed to resolve a specific issue
or on an ongoing basis, the term of the appointment, the
apportionment of fees, and notice that if the parties are unable
to reach an agreement with the new text begin expeditor's new text end assistance deleted text begin of the
expeditor deleted text end , the expeditor is authorized to make a decision
resolving the dispute which is binding upon the parties unless
modified or vacated by the court.

Sec. 40.

Minnesota Statutes 2004, section 518.1751,
subdivision 2a, is amended to read:

Subd. 2a.

Fees.

deleted text begin Prior to deleted text end new text begin Before new text end appointing the parenting
time expeditor, the court deleted text begin shall deleted text end new text begin must new text end give the parties notice
that the new text begin expeditor's new text end fees deleted text begin of the expeditor deleted text end will be apportioned
among the parties. In its order appointing the expeditor, the
court deleted text begin shall deleted text end new text begin must new text end apportion the new text begin expeditor's new text end fees deleted text begin of the expeditor
deleted text end among the parties, with each party bearing the portion of fees
that the court determines is just and equitable under the
circumstances. If a party files a pro se motion regarding a
parenting time dispute and there is not deleted text begin a deleted text end new text begin an existing new text end court
order deleted text begin that provides for apportionment of deleted text end new text begin apportioning new text end the fees
of an expeditor, the court administrator may require the party
requesting deleted text begin the deleted text end appointment of an expeditor to pay the
new text begin expeditor's new text end fees deleted text begin of the expeditor deleted text end in advance. Neither party may
be required to submit a dispute to deleted text begin a visitation deleted text end new text begin an new text end expeditor if
the party cannot afford to pay deleted text begin for deleted text end the fees deleted text begin of an expeditor deleted text end and
an affordable expeditor is not available, unless the other party
agrees to pay the fees. After fees are incurred, a party may by
motion request that the fees be reapportioned on equitable
grounds. The court may consider the resources of the parties,
the nature of the dispute, and whether a party acted in bad
faith. The court may consider information from the expeditor in
determining bad faith.

Sec. 41.

Minnesota Statutes 2004, section 518.1751,
subdivision 2b, is amended to read:

Subd. 2b.

Roster of parenting time expeditors.

deleted text begin Each deleted text end new text begin The
new text end court administrator deleted text begin shall deleted text end new text begin must new text end maintain and make available
to new text begin judicial officers and new text end the public deleted text begin and judicial officers deleted text end a
roster of individuals available to serve as parenting time
expeditors deleted text begin , including deleted text end new text begin . The roster must include new text end each
individual's name, address, telephone number, and fee charged,
if any. A court administrator deleted text begin shall deleted text end new text begin must new text end not place on the
roster the name of an individual who has not completed the
training required in subdivision 2c. If the use of deleted text begin a parenting
time deleted text end new text begin an new text end expeditor is initiated by stipulation of the parties,
the parties may agree upon a person to serve as an expeditor
even if that person has not completed the training described in
subdivision 2c. The court may appoint deleted text begin a person to serve deleted text end as an
expeditor deleted text begin even if the deleted text end new text begin a new text end person new text begin who new text end is not on the court
administrator's roster, but may not appoint a person who has not
completed the training described in subdivision 2c, unless so
stipulated by the parties. To maintain one's listing on a court
administrator's roster of parenting time expeditors, an
individual deleted text begin shall deleted text end new text begin must new text end annually submit to the court administrator
proof of completion of continuing education requirements.

Sec. 42.

Minnesota Statutes 2004, section 518.1751,
subdivision 2c, is amended to read:

Subd. 2c.

Training and continuing education
requirements.

To qualify for listing on a court administrator's
roster of parenting time expeditors, an individual deleted text begin shall deleted text end new text begin must
new text end complete a minimum of 40 hours of family mediation training that
has been certified by the Minnesota Supreme Court deleted text begin , which deleted text end new text begin . The
training new text end must include certified training in domestic abuse
issues as required under Rule 114 of the Minnesota General Rules
of Practice for the District Courts. To deleted text begin maintain one's listing
deleted text end new text begin remain listed new text end on a court administrator's roster of parenting
time expeditors, an individual deleted text begin shall deleted text end new text begin must new text end annually attend three
hours of continuing education about alternative dispute
resolution subjects.

Sec. 43.

Minnesota Statutes 2004, section 518.1751,
subdivision 3, is amended to read:

Subd. 3.

Agreement or decision.

(a) Within five days of
notice of the appointment, or within five days of notice of a
subsequent parenting time dispute between the same parties, the
parenting time expeditor deleted text begin shall deleted text end new text begin must new text end meet with the parties
together or separately and deleted text begin shall deleted text end make a diligent effort to
facilitate an agreement to resolve the dispute. If a parenting
time dispute requires immediate resolution, the deleted text begin parenting time
deleted text end expeditor may confer with the parties through a telephone
conference or similar means. An expeditor may make a decision
without conferring with a party if the expeditor made a good
faith effort to confer with the party, but the party chose not
to participate in resolution of the dispute.

(b) If the parties do not reach an agreement, the expeditor
deleted text begin shall deleted text end new text begin must new text end make a decision resolving the dispute as soon as
possible new text begin , new text end but not later than five days after receiving all
information necessary to make a decision and after the final
meeting or conference with the parties. The expeditor is
authorized to award compensatory parenting time under section
518.175, subdivision 6, and may recommend to the court that the
noncomplying party pay attorney's fees, court costs, and other
costs under section 518.175, subdivision 6, paragraph (d), if
the parenting time order has been violated. The expeditor deleted text begin shall
not lose deleted text end new text begin retains the new text end authority to make a decision if
circumstances beyond the expeditor's control make it
impracticable to meet the five-day timelines.

(c) Unless the parties mutually agree, the deleted text begin parenting time
deleted text end expeditor deleted text begin shall deleted text end new text begin must new text end not make a decision that is inconsistent
with an existing parenting time order, but may make decisions
interpreting or clarifying a parenting time order, including the
development of a specific schedule when the existing court order
grants "reasonable parenting time."

(d) The expeditor deleted text begin shall deleted text end new text begin must new text end put an agreement or decision
in writing and provide a copy to the parties. The expeditor may
include or omit reasons for the agreement or decision. An
agreement of the parties or a decision of the expeditor is
binding on the parties unless vacated or modified by the court.
If a party does not comply with an agreement of the parties or a
decision of the expeditor, any party may bring a motion with the
court and deleted text begin shall deleted text end new text begin must new text end attach a copy of the parties' written
agreement or new text begin the new text end decision of the expeditor. The court may
enforce, modify, or vacate the agreement of the parties or the
decision of the expeditor.

Sec. 44.

Minnesota Statutes 2004, section 518.1752, is
amended to read:

518.1752 GRANDPARENT new text begin AND OTHERS; new text end VISITATION.

deleted text begin In all proceedings deleted text end new text begin During a proceeding new text end for dissolution or
legal separation, deleted text begin after the commencement of the proceeding deleted text end or at
any time after completion of the proceedings, and continuing
during the new text begin child's new text end minority deleted text begin of the child deleted text end , the court may make an
order granting visitation rights to grandparents deleted text begin under deleted text end new text begin and other
individuals as provided by new text end section 257C.08, subdivision 2.

Sec. 45.

Minnesota Statutes 2004, section 518.176, is
amended to read:

518.176 JUDICIAL SUPERVISION.

deleted text begin Subdivision 1. [LIMITS ON PARENT'S AUTHORITY; HEARING.]
Except as otherwise agreed by the parties in writing at the time
of the custody order, deleted text end new text begin (a) new text end The parent with whom the child resides
may determine the child's upbringing, including education,
health care, and religious training, unless new text begin :
new text end

new text begin (1) otherwise agreed by the parties in writing at the time
of the custody order; or
new text end

new text begin (2) upon motion by the other parent, new text end the court after
hearing deleted text begin , deleted text end finds deleted text begin , upon motion by the other parent, deleted text end that in the
absence of a specific limitation of the authority of the parent
with whom the child resides, the child's physical or emotional
health is likely to be endangered or the child's emotional
development impaired.

deleted text begin Subd. 2. deleted text end

deleted text begin Court order. deleted text end

deleted text begin deleted text end new text begin (b) new text end If both parents or all
contestants agree to the order, or if the court finds that in
the absence of the order the child's physical or emotional
health is likely to be endangered or the child's emotional
development impaired, the court may order the local social
services agency or the department of court services to exercise
continuing supervision over the case under guidelines
established by the court to assure that the custodial or
parenting time terms of the decree are carried out.

Sec. 46.

Minnesota Statutes 2004, section 518.177, is
amended to read:

518.177 NOTIFICATION REGARDING DEPRIVATION OF PARENTAL
RIGHTS LAW.

deleted text begin Every deleted text end new text begin A new text end court order and judgment and decree concerning
custody of or parenting time or visitation with a minor child
deleted text begin shall deleted text end new text begin must new text end contain the notice set out in section 518.68,
subdivision 2.

Sec. 47.

Minnesota Statutes 2004, section 518.178, is
amended to read:

518.178 PARENTING TIME AND SUPPORT REVIEW HEARING.

Upon motion of either party, the court deleted text begin shall deleted text end new text begin must new text end conduct a
hearing to review compliance with the parenting time and child
support provisions deleted text begin set forth deleted text end in a decree of dissolution or legal
separation or an order that establishes child custody, parenting
time, and support rights and obligations of parents. The state
court administrator deleted text begin shall deleted text end new text begin must new text end prepare, and each court
administrator deleted text begin shall deleted text end new text begin must new text end make available, simplified pro se forms
for reviewing parenting time and child support disputes. The
court may impose any parenting time enforcement remedy available
under sections 518.175 and 518.1751, and any support enforcement
remedy available under section 518.551.

Sec. 48.

Minnesota Statutes 2004, section 518.179,
subdivision 1, is amended to read:

Subdivision 1.

Seeking custody or parenting time.

new text begin (a)
new text end Notwithstanding any contrary provision in section 518.17 or
518.175, deleted text begin if deleted text end a person seeking child custody or parenting time new text begin who
new text end has been convicted of a crime described in subdivision 2 deleted text begin , the
person seeking custody or parenting time deleted text end has the burden to prove
that custody or parenting time by that person is in the best
interests of the child if:

(1) the conviction occurred within the preceding five
years;

(2) the person is currently incarcerated, on probation, or
under supervised release for the offense; or

(3) the victim of the crime was a family or household
member as defined in section 518B.01, subdivision 2.

new text begin (b) new text end If this section applies, the court may not grant
custody or parenting time to the person unless it finds that the
custody or parenting time is in the best interests of the
child. If the victim of the crime was a family or household
member, the standard of proof is clear and convincing evidence.
A guardian ad litem must be appointed in any case where this
section applies.

Sec. 49.

Minnesota Statutes 2004, section 518.18, is
amended to read:

518.18 MODIFICATION OF ORDER.

(a) Unless agreed to in writing by the parties, no motion
to modify a custody order or parenting plan may be made earlier
than one year after the date of the entry of a decree of
dissolution or legal separation containing a provision dealing
with custody, except in accordance with paragraph (c).

(b) If a motion for modification has been heard, whether or
not it was granted, deleted text begin unless agreed to in writing by the parties
deleted text end no subsequent motion may be filed within two years after
disposition of the prior motion on its merits, except new text begin :
new text end

new text begin (1) if otherwise agreed to in writing by the parties; or
new text end

new text begin (2) new text end in accordance with paragraph (c).

(c) The time limitations prescribed in paragraphs (a) and
(b) deleted text begin shall deleted text end new text begin do new text end not prohibit a motion to modify a custody order or
parenting plan if the court finds that there is persistent and
willful denial or interference with parenting time, or has
reason to believe that the child's present environment may
endanger the child's physical or emotional health or impair the
child's emotional development.

(d) deleted text begin If the deleted text end new text begin A new text end court new text begin that new text end has jurisdiction to determine child
custody matters deleted text begin , the court shall deleted text end new text begin must new text end not modify a prior custody
order or a parenting plan provision deleted text begin which deleted text end new text begin that new text end specifies the
child's primary residence unless it finds deleted text begin , upon the basis of
facts, including unwarranted denial of, or interference with, a
duly established parenting time schedule, that have arisen since
the prior order or that were unknown to the court at the time of
the prior order, deleted text end that a change has occurred in the circumstances
of the child or the parties and that the modification is
necessary to serve the best interests of the child. new text begin The court
must make its findings upon the basis of facts, including
unwarranted denial of, or interference with, a duly established
parenting time schedule, that have arisen since the prior order
or that were unknown to the court at the time of the prior
order. new text end In applying these standards the court deleted text begin shall deleted text end new text begin must new text end retain
the custody arrangement or the parenting plan provision
specifying the child's primary residence that was established by
the prior order unless:

deleted text begin (i) deleted text end new text begin (1) new text end the court finds that a change in the custody
arrangement or primary residence is in the best interests of the
child and the parties previously agreed, in a writing approved
by a court, to apply the best interests standard in section
518.17 or 257.025, as applicable; and, with respect to
agreements approved by a court on or after April 28, 2000, both
parties were represented by counsel when the agreement was
approved or the court found the parties were fully informed, the
agreement was voluntary, and the parties were aware of its
implications;

deleted text begin (ii) deleted text end new text begin (2) new text end both parties agree to the modification;

deleted text begin (iii) deleted text end new text begin (3) new text end the child has been integrated into the family of
the petitioner with the consent of the other party; or

deleted text begin (iv) deleted text end new text begin (4) new text end the child's present environment endangers the
child's physical or emotional health or impairs the child's
emotional development new text begin , new text end and the harm likely to be caused by a
change of environment is outweighed by the advantage of a change
to the child.

deleted text begin In addition, deleted text end new text begin (e) new text end A court may modify a custody order or
parenting plan under section 631.52.

deleted text begin (e) deleted text end new text begin (f) new text end In deciding whether to modify a prior joint custody
order, the court deleted text begin shall deleted text end new text begin must new text end apply the standards set forth in
paragraph (d) unless:

(1) the parties agree in writing to the application of a
different standard deleted text begin , deleted text end new text begin ; new text end or

(2) the party seeking the modification is asking the court
for permission to move the residence of the child to another
state.

deleted text begin (f) If a parent has been granted sole physical custody of a
minor and the child subsequently lives with the other parent,
and temporary sole physical custody has been approved by the
court or by a court-appointed referee,
deleted text end

new text begin (g) new text end The court may suspend the obligor's child support
obligation pending deleted text begin the deleted text end new text begin a new text end final custody determination new text begin if:
new text end

new text begin (1) the obligee has been granted sole physical custody of a
child;
new text end

new text begin (2) the child subsequently lives with the obligor; and
new text end

new text begin (3) a temporary sole custody order has been approved by the
court or a court-approved referee new text end .

deleted text begin The court's deleted text end new text begin A court new text end order denying the suspension of child
support new text begin under this paragraph new text end must include a written explanation
of the reasons why continuation of the child support obligation
would be in the best interests of the child.

new text begin (h) A party seeking modification of a custody order must
submit with moving papers an affidavit setting forth facts
supporting the requested modification. The party must give
notice and a copy of the affidavit to other parties to the
proceeding, who may file opposing affidavits.
new text end

Sec. 50.

Minnesota Statutes 2004, section 518.191,
subdivision 1, is amended to read:

Subdivision 1.

Abbreviated judgment and decree.

If real
estate is described in a judgment and decree of dissolution, the
court may direct either of the parties or their legal counsel to
prepare and submit to the court a proposed summary real estate
disposition judgment. Upon approval by the court and filing of
the summary real estate disposition judgment with the court
administrator, the court administrator deleted text begin shall deleted text end new text begin must new text end provide to any
party upon request certified copies of the summary real estate
disposition judgment.

Sec. 51.

Minnesota Statutes 2004, section 518.195,
subdivision 2, is amended to read:

Subd. 2.

Procedure.

A couple qualifying under all of the
criteria in subdivision 1, may obtain a judgment and decree by:

(1) filing a sworn joint declaration, on which both of
their signatures must be notarized, containing or appending the
following information:

(i) the demographic data required in section 518.10;

(ii) verifying the qualifications set forth in subdivision
1;

(iii) listing each party's nonmarital property;

(iv) setting forth how the marital assets and debts will be
apportioned;

(v) verifying both parties' income and preserving their
rights to spousal maintenance; and

(vi) certifying that there has been no domestic abuse of
one party by the other; and

(2) viewing any introductory and summary process
educational videotapes, if then available from the court, and
certifying that they watched any such tapes within the 30 days
preceding the filing of the joint declaration.

The district court administrator deleted text begin shall deleted text end new text begin must new text end enter a decree
of dissolution 30 days after the filing of the joint declaration
if the parties meet the statutory qualifications and have
complied with the procedural requirements of this subdivision.

Sec. 52.

Minnesota Statutes 2004, section 518.195,
subdivision 3, is amended to read:

Subd. 3.

Forms.

The state court administrator deleted text begin shall deleted text end new text begin must
new text end develop simplified forms and instructions for the summary
process. District court administrators deleted text begin shall deleted text end new text begin must new text end make the
forms for the summary process available upon request and deleted text begin shall
deleted text end new text begin must new text end accept joint declarations for filing deleted text begin on and after July 1,
1997 deleted text end .

Sec. 53.

Minnesota Statutes 2004, section 518.24, is
amended to read:

518.24 SECURITY; SEQUESTRATION; CONTEMPT.

deleted text begin In all cases when deleted text end new text begin If new text end maintenance or support payments are
ordered, the court may require sufficient security to be given
for the payment of them according to the terms of the order.
Upon neglect or refusal to give security deleted text begin , deleted text end or deleted text begin upon deleted text end failure to pay
the maintenance or support, the court may sequester the
obligor's personal estate and the rents and profits of real
estate of the obligor deleted text begin , deleted text end and appoint a receiver of them. The
court may cause the personal estate and the rents and profits of
the real estate to be applied according to the terms of the
order. The obligor is presumed to have an income from a source
sufficient to pay the maintenance or support order. A child
support or maintenance order constitutes prima facie evidence
that the obligor has the ability to pay the award. If the
obligor disobeys the order, it is prima facie evidence of
contempt. The court may cite the obligor for contempt under
this section, section 518.617, or chapter 588.

Sec. 54.

Minnesota Statutes 2004, section 518.25, is
amended to read:

518.25 REMARRIAGE; REVOCATION.

deleted text begin When a dissolution has been granted, and the parties
afterward intermarry deleted text end new text begin If two people remarry each other after
dissolution of their prior marriage new text end , the court, upon their joint
application deleted text begin , deleted text end and deleted text begin upon deleted text end satisfactory proof of deleted text begin such deleted text end new text begin the new text end marriage,
may revoke all decrees and orders of dissolution, maintenance,
and subsistence deleted text begin which will deleted text end new text begin that do new text end not affect the rights of
third persons.

Sec. 55.

Minnesota Statutes 2004, section 518.27, is
amended to read:

518.27 NAME OF PARTY.

Except as provided in section 259.13, in the final decree
of dissolution or legal separation the court deleted text begin shall deleted text end new text begin must new text end , if
requested by a party, change the name of that party to another
name as the party requests. The court deleted text begin shall deleted text end new text begin must new text end grant a
request unless it finds that there is an intent to defraud or
mislead, unless the name change is subject to section 259.13, in
which case the requirements of that section apply. The
court deleted text begin shall deleted text end new text begin must new text end notify the parties that use of a different
surname after dissolution or legal separation without complying
with section 259.13, if applicable, is a gross misdemeanor. The
party's new name deleted text begin shall deleted text end new text begin must new text end be so designated in the final decree.

Sec. 56.

Minnesota Statutes 2004, section 518.54, is
amended to read:

518.54 DEFINITIONS.

Subdivision 1.

deleted text begin terms deleted text end new text begin scope new text end .

deleted text begin For the purposes of sections
518.54 to 518.66, the terms defined in this section shall have
the meanings respectively ascribed to them deleted text end new text begin The definitions in
this section apply to this chapter new text end .

new text begin Subd. 1a. new text end

new text begin Business day. new text end

new text begin "Business day" means a day on
which state offices are open for regular business.
new text end

Subd. 2.

Child.

"Child" means an individual under 18
years of age, an individual under age 20 who is still attending
secondary school, or an individual who, by reason of physical or
mental condition, is incapable of self-support.

Subd. 2a.

Deposit account.

"Deposit account" means funds
deposited with a financial institution in the form of a savings
account, checking account, NOW account, or demand deposit
account.

Subd. 2b.

Financial institution.

"Financial institution"
means a savings association, bank, trust company, credit union,
industrial loan and thrift company, bank and trust company, or
savings association, and includes a branch or detached facility
of a financial institution.

Subd. 3.

Maintenance.

"Maintenance" means an award made
in a dissolution or legal separation proceeding of payments from
the future income or earnings of one spouse for the support and
maintenance of the other.

new text begin Subd. 3a. new text end

new text begin Basic support. new text end

new text begin "Basic support" means the
dollar amount ordered for a child's housing, food, clothing,
transportation, and education costs, and other expenses relating
to the child's care. Basic support does not include monetary
contributions for a child's private school tuition, child care
expenses, and medical and dental expenses.
new text end

new text begin Subd. 3b. new text end

new text begin Payor of funds. new text end

new text begin "Payor of funds" means a
person or entity that provides funds to an obligor, including an
employer as defined under chapter 24 of the Internal Revenue
Code, section 3401(d), an independent contractor, payor of
workers' compensation benefits or unemployment insurance
benefits, or a financial institution as defined in section
13B.06.
new text end

Subd. 4.

deleted text begin support money; deleted text end child support.

deleted text begin "Support money"
or deleted text end "Child support" means new text begin an amount for basic support, child care
support, and medical support pursuant to new text end :

(1) an award in a dissolution, legal separation, annulment,
or parentage proceeding for the care, support new text begin , new text end and education of
any child of the marriage or of the parties to the proceeding;
or

(2) a contribution by parents ordered under section 256.87.

Subd. 4a.

Support order.

new text begin (a) new text end "Support order" means a
judgment, decree, or order, whether temporary, final, or subject
to modification, issued by a court or administrative agency of
competent jurisdiction deleted text begin , deleted text end new text begin that:
new text end

new text begin (1) provides new text end for the support deleted text begin and maintenance deleted text end of a child,
including a child who has attained the age of majority under the
law of the issuing state, or a child and the parent with whom
the child is living deleted text begin , that deleted text end new text begin ;
new text end

new text begin (2) new text end provides for deleted text begin monetary deleted text end new text begin basic new text end support, child care,
medical support including expenses for confinement and
pregnancy, deleted text begin arrearages deleted text end new text begin arrears new text end , or reimbursement deleted text begin , and that deleted text end new text begin ; and
new text end

new text begin (3) new text end may include related costs and fees, interest and
penalties, income withholding, and other relief. deleted text begin This
deleted text end

new text begin (b) The new text end definition new text begin in paragraph (a) new text end applies to orders
issued under this chapter and chapters 256, 257, and 518C.

Subd. 5.

Marital property; deleted text begin exceptions deleted text end new text begin nonmarital
property new text end .

"Marital property" means deleted text begin property, deleted text end real or personal
new text begin property new text end , including vested public or private pension plan
benefits or rights, acquired by new text begin one or both of new text end the parties deleted text begin , or
either of them, deleted text end to a dissolution, legal separation, or annulment
proceeding at any time during the existence of the marriage
relation between them, or at any time during which the parties
were living together as husband and wife under a purported
marriage relationship which is annulled in an annulment
proceeding, but prior to the date of valuation under section
518.58, subdivision 1. All property acquired by either spouse
subsequent to the marriage and before the valuation date is
presumed to be marital property regardless of whether title is
held individually or by the spouses in a form of co-ownership
such as joint tenancy, tenancy in common, tenancy by the
entirety, or community property. Each spouse deleted text begin shall be deleted text end new text begin is new text end deemed
to have a common ownership in marital property that vests not
later than the time of the entry of the decree in a proceeding
for dissolution or annulment. The extent of the vested interest
deleted text begin shall deleted text end new text begin must new text end be determined and made final by the court pursuant to
section 518.58. If a title interest in real property is held
individually by only one spouse, the interest in the real
property of the nontitled spouse is not subject to claims of
creditors or judgment or tax liens until the time of entry of
the decree awarding an interest to the nontitled spouse. The
presumption of marital property is overcome by a showing that
the property is nonmarital property.

"Nonmarital property" means property real or personal,
acquired by either spouse before, during, or after the existence
of their marriage, which new text begin :
new text end

deleted text begin (a) deleted text end new text begin (1) new text end is acquired as a gift, bequest, devise or
inheritance made by a third party to one but not to the other
spouse;

deleted text begin (b) deleted text end new text begin (2) new text end is acquired before the marriage;

deleted text begin (c) deleted text end new text begin (3) new text end is acquired in exchange for or is the increase in
value of property which is described in deleted text begin clauses (a), (b), (d),
and (e) deleted text end new text begin clause (1), (2), (4), or (5) new text end ;

deleted text begin (d) deleted text end new text begin (4) new text end is acquired by a spouse after the valuation date;
or

deleted text begin (e) deleted text end new text begin (5) new text end is excluded by a valid antenuptial contract.

Subd. 6.

Income.

"Income" means any form of periodic
payment to an individual including, but not limited to, wages,
salaries, payments to an independent contractor, workers'
compensation, unemployment benefits, new text begin and new text end annuity, military deleted text begin and
deleted text end new text begin or new text end naval retirement, pension deleted text begin and deleted text end new text begin or new text end disability payments.
new text begin "Income" does not include new text end benefits received under Title IV-A of
the Social Security Act deleted text begin and deleted text end new text begin or new text end chapter 256J deleted text begin are not income under
this section deleted text end .

Subd. 7.

Obligee.

"Obligee" means a person to whom
payments for maintenance or support are owed.

Subd. 8.

Obligor.

"Obligor" means a person obligated to
pay maintenance or new text begin child new text end support. A person who is designated as
the sole physical custodian of a child is presumed not to be an
obligor for purposes of calculating current support deleted text begin under
section 518.551 deleted text end unless the court makes specific written findings
to overcome this presumption. new text begin For purposes of ordering medical
support under section 518.5515, a custodial parent may be an
obligor subject to income withholding under section 518.5515, a
cost-of-living adjustment under section 518.641, and a payment
agreement under section 518.553.
new text end

Subd. 9.

Public authority.

"Public authority" means the
deleted text begin public authority deleted text end new text begin local unit of government, acting on behalf of
the state, that is new text end responsible for child support enforcement new text begin or
the Child Support Enforcement Division of the Department of
Human Services new text end .

Subd. 10.

Pension plan benefits or rights.

"Pension plan
benefits or rights" means a benefit or right from a public or
private pension plan accrued to the end of the month in which
marital assets are valued, as determined under the terms of the
laws or other plan document provisions governing the plan,
including section 356.30.

Subd. 11.

Public pension plan.

"Public pension plan"
means a pension plan or fund specified in section 356.20,
subdivision 2, or 356.30, subdivision 3, the deferred
compensation plan specified in section 352.96, or any retirement
or pension plan or fund, including a supplemental retirement
plan or fund, established, maintained, or supported by a
governmental subdivision or public body whose revenues are
derived from taxation, fees, assessments, or from other public
sources.

Subd. 12.

Private pension plan.

"Private pension plan"
means a plan, fund, or program maintained by an employer or
employee organization that provides retirement income to
employees or results in a deferral of income by employees for a
period extending to the termination of covered employment or
beyond.

Subd. 13.

Arrears.

deleted text begin Arrears are deleted text end new text begin "Arrears" means past due
new text end amounts deleted text begin that accrue pursuant to an obligor's failure to comply
with a deleted text end new text begin owed under a new text end support order deleted text begin . Past support and pregnancy
and confinement expenses contained in a support order are
arrears if the court order does not contain repayment terms.
Arrears also arise by the obligor's failure to comply with the
terms of a court order for repayment of past support or
pregnancy and confinement expenses. An obligor's failure to
comply with the terms for repayment of amounts owed for past
support or pregnancy and confinement turns the entire amount
owed into arrears. deleted text end new text begin including:
new text end

new text begin (1) child support;
new text end

new text begin (2) the entire amount of court-ordered past support and
pregnancy and confinement expenses if:
new text end

new text begin (i) the order does not contain repayment terms; or
new text end

new text begin (ii) the order contains repayment terms and the obligor
fails to comply with the repayment terms; and
new text end

new text begin (3) attorney fees and any other collection costs addressed
in a support order under section 518.57.
new text end

Subd. 14.

Iv-d case.

"IV-D case" means a case where a
party deleted text begin has assigned deleted text end new text begin assigns rights to child support new text end to the state
deleted text begin rights to child support deleted text end because deleted text begin of the receipt of deleted text end new text begin the party
receives new text end public assistance new text begin , new text end as defined in section 256.741 new text begin , new text end or
deleted text begin has applied deleted text end new text begin applies new text end for child support services under title IV-D
of the Social Security Act, United States Code, title 42,
section 654(4).

Sec. 57.

Minnesota Statutes 2004, section 518.55, is
amended to read:

518.55 MAINTENANCE OR SUPPORT MONEY.

Subdivision 1.

deleted text begin contents of order deleted text end new text begin child support to be
distinguished from maintenance new text end .

deleted text begin Every award of maintenance or
support money deleted text end In a judgment of dissolution or legal
separation deleted text begin shall deleted text end new text begin , the court must new text end clearly deleted text begin designate whether the
same is maintenance or support money, or what part of the award
is deleted text end new text begin distinguish between payments ordered for new text end maintenance and deleted text begin what
part is deleted text end new text begin payments ordered for child new text end support deleted text begin money deleted text end . An award of
payments from future income or earnings of the parent with whom
the child resides is presumed to be maintenance and an award of
payments from the future income or earnings of the new text begin other new text end parent
deleted text begin with whom the child does not reside deleted text end is presumed to be new text begin child
new text end support deleted text begin money deleted text end , unless otherwise designated by the court. deleted text begin In a
judgment of dissolution or legal separation the court may
determine, as one of the issues of the case, whether or not
either spouse is entitled to an award of maintenance
notwithstanding that no award is then made, or it may reserve
jurisdiction of the issue of maintenance for determination at a
later date.
deleted text end

Subd. 3.

Notice of address or residence change.

Every
obligor deleted text begin shall deleted text end new text begin must new text end notify the obligee and the public authority
responsible for collection, if applicable, of a change of
address or residence within 60 days of the address or residence
change. Every order for support or maintenance must contain a
conspicuous notice complying with section 518.68, subdivision
2. The court may waive or modify the requirements of this
subdivision by order if necessary to protect the obligor from
contact by the obligee.

Subd. 4.

Determination of controlling order.

The public
authority or a party may request the district court to determine
a controlling order in situations in which more than one order
involving the same obligor and child exists.

Sec. 58.

Minnesota Statutes 2004, section 518.551, is
amended to read:

518.551 MAINTENANCE AND SUPPORT PAYMENTS.

Subdivision 1.

Scope; payment to public agency.

(a) This
section applies to all proceedings involving a support order,
including, but not limited to, a support order establishing an
order for past support or reimbursement of public assistance.

(b) The court shall direct that all payments ordered for
maintenance and support be made to the public agency responsible
for child support enforcement so long as the obligee is
receiving or has applied for public assistance, or has applied
for child support and maintenance collection services. Public
authorities responsible for child support enforcement may act on
behalf of other public authorities responsible for child support
enforcement. This includes the authority to represent the legal
interests of or execute documents on behalf of the other public
authority in connection with the establishment, enforcement, and
collection of child support, maintenance, or medical support,
and collection on judgments.

(c) Payments made to the public authority other than
payments under section 518.6111 must be credited as of the date
the payment is received by the central collections unit.

(d) Amounts received by the public agency responsible for
child support enforcement greater than the amount granted to the
obligee shall be remitted to the obligee.

Subd. 5.

Notice to public authority; guidelines.

(a) The
petitioner shall notify the public authority of all proceedings
for dissolution, legal separation, determination of parentage or
for the custody of a child, if either party is receiving public
assistance or applies for it subsequent to the commencement of
the proceeding.

new text begin (1) new text end The notice must contain the full names of the parties
to the proceeding, their Social Security account numbers, and
their birth dates. After receipt of the notice, the court shall
set child support as provided in this subdivision.

new text begin (2) If the court in a dissolution, legal separation, or
determination of parentage proceeding finds, before issuing the
order for judgment and decree, that notification has not been
given to the public authority, the court must set child support
according to the guidelines in this chapter. In those
proceedings in which no notification has been made pursuant to
this section and in which the public authority determines that
the judgment is lower than the child support required by the
guidelines in this chapter, it must move the court for a
redetermination of the support payments ordered so that the
support payments comply with the guidelines.
new text end

new text begin (3) new text end The court may order either or both parents owing a duty
of support to a child of the marriage to pay an amount
reasonable or necessary for the child's support, without regard
to marital misconduct.

new text begin (4) new text end The court shall approve a child support stipulation of
the parties if each party is represented by independent counsel,
unless the stipulation does not meet the conditions of paragraph
deleted text begin (i) deleted text end new text begin (d) new text end .

new text begin (5) new text end In other cases the court shall determine and order
child support in a specific dollar amount in accordance with the
guidelines and the other factors set forth in deleted text begin paragraph (c) deleted text end new text begin this
section new text end and any departure therefrom.

new text begin (6) new text end The court may also order the obligor to pay child
support in the form of a percentage share of the obligor's net
bonuses, commissions, or other forms of compensation, in
addition to, or if the obligor receives no base pay, in lieu of,
an order for a specific dollar amount.

deleted text begin (b) The court shall derive a specific dollar amount for
child support by multiplying the obligor's net income by the
percentage indicated by the following guidelines:
deleted text end

deleted text begin Net Income Per deleted text end deleted text begin Number of Children
Month of Obligor
1 deleted text end deleted text begin 2 deleted text end deleted text begin 3 deleted text end deleted text begin 4 deleted text end deleted text begin 5 deleted text end deleted text begin 6 deleted text end deleted text begin 7 or
more
$550 and Below deleted text end deleted text begin Order based on the ability of the
obligor to provide support
at these income levels, or at higher
levels, if the obligor has
the earning ability.
$551 - 600 deleted text end deleted text begin 16% deleted text end deleted text begin 19% deleted text end deleted text begin 22% deleted text end deleted text begin 25% deleted text end deleted text begin 28% deleted text end deleted text begin 30% deleted text end deleted text begin 32%
$601 - 650 deleted text end deleted text begin 17% deleted text end deleted text begin 21% deleted text end deleted text begin 24% deleted text end deleted text begin 27% deleted text end deleted text begin 29% deleted text end deleted text begin 32% deleted text end deleted text begin 34%
$651 - 700 deleted text end deleted text begin 18% deleted text end deleted text begin 22% deleted text end deleted text begin 25% deleted text end deleted text begin 28% deleted text end deleted text begin 31% deleted text end deleted text begin 34% deleted text end deleted text begin 36%
$701 - 750 deleted text end deleted text begin 19% deleted text end deleted text begin 23% deleted text end deleted text begin 27% deleted text end deleted text begin 30% deleted text end deleted text begin 33% deleted text end deleted text begin 36% deleted text end deleted text begin 38%
$751 - 800 deleted text end deleted text begin 20% deleted text end deleted text begin 24% deleted text end deleted text begin 28% deleted text end deleted text begin 31% deleted text end deleted text begin 35% deleted text end deleted text begin 38% deleted text end deleted text begin 40%
$801 - 850 deleted text end deleted text begin 21% deleted text end deleted text begin 25% deleted text end deleted text begin 29% deleted text end deleted text begin 33% deleted text end deleted text begin 36% deleted text end deleted text begin 40% deleted text end deleted text begin 42%
$851 - 900 deleted text end deleted text begin 22% deleted text end deleted text begin 27% deleted text end deleted text begin 31% deleted text end deleted text begin 34% deleted text end deleted text begin 38% deleted text end deleted text begin 41% deleted text end deleted text begin 44%
$901 - 950 deleted text end deleted text begin 23% deleted text end deleted text begin 28% deleted text end deleted text begin 32% deleted text end deleted text begin 36% deleted text end deleted text begin 40% deleted text end deleted text begin 43% deleted text end deleted text begin 46%
$951 - 1000 deleted text end deleted text begin 24% deleted text end deleted text begin 29% deleted text end deleted text begin 34% deleted text end deleted text begin 38% deleted text end deleted text begin 41% deleted text end deleted text begin 45% deleted text end deleted text begin 48%
$1001- 5000 deleted text end deleted text begin 25% deleted text end deleted text begin 30% deleted text end deleted text begin 35% deleted text end deleted text begin 39% deleted text end deleted text begin 43% deleted text end deleted text begin 47% deleted text end deleted text begin 50%
deleted text end

deleted text begin or the amount
in effect under
paragraph (k)
deleted text end

deleted text begin Guidelines for support for an obligor with a monthly income
in excess of the income limit currently in effect under
paragraph (k) shall be the same dollar amounts as provided for
in the guidelines for an obligor with a monthly income equal to
the limit in effect.
deleted text end

deleted text begin Net Income defined as:
deleted text end
deleted text begin Total monthly
income less deleted text end deleted text begin *(i) Federal Income Tax
*(ii) State Income Tax
(iii) Social Security
Deductions
(iv) Reasonable
Pension Deductions
*Standard
Deductions apply- deleted text end deleted text begin (v) Union Dues
use of tax tables deleted text end deleted text begin (vi) Cost of Dependent Health
recommended deleted text end deleted text begin Insurance Coverage
(vii) Cost of Individual or Group
Health/Hospitalization
Coverage or an
Amount for Actual
Medical Expenses
(viii) A Child Support or
Maintenance Order that is
Currently Being Paid.
deleted text end

deleted text begin "Net income" does not include:
deleted text end

deleted text begin (1) the income of the obligor's spouse, but does include
in-kind payments received by the obligor in the course of
employment, self-employment, or operation of a business if the
payments reduce the obligor's living expenses; or
deleted text end

deleted text begin (2) compensation received by a party for employment in
excess of a 40-hour work week, provided that:
deleted text end

deleted text begin (i) support is nonetheless ordered in an amount at least
equal to the guidelines amount based on income not excluded
under this clause; and
deleted text end

deleted text begin (ii) the party demonstrates, and the court finds, that:
deleted text end

deleted text begin (A) the excess employment began after the filing of the
petition for dissolution;
deleted text end

deleted text begin (B) the excess employment reflects an increase in the work
schedule or hours worked over that of the two years immediately
preceding the filing of the petition;
deleted text end

deleted text begin (C) the excess employment is voluntary and not a condition
of employment;
deleted text end

deleted text begin (D) the excess employment is in the nature of additional,
part-time or overtime employment compensable by the hour or
fraction of an hour; and
deleted text end

deleted text begin (E) the party's compensation structure has not been changed
for the purpose of affecting a support or maintenance obligation.
deleted text end

deleted text begin The court shall review the work-related and
education-related child care costs paid and shall allocate the
costs to each parent in proportion to each parent's net income,
as determined under this subdivision, after the transfer of
child support and spousal maintenance, unless the allocation
would be substantially unfair to either parent. There is a
presumption of substantial unfairness if after the sum total of
child support, spousal maintenance, and child care costs is
subtracted from the obligor's income, the income is at or below
100 percent of the federal poverty guidelines. The cost of
child care for purposes of this paragraph is 75 percent of the
actual cost paid for child care, to reflect the approximate
value of state and federal tax credits available to the
obligee. The actual cost paid for child care is the total
amount received by the child care provider for the child or
children of the obligor from the obligee or any public agency.
The court shall require verification of employment or school
attendance and documentation of child care expenses from the
obligee and the public agency, if applicable. If child care
expenses fluctuate during the year because of seasonal
employment or school attendance of the obligee or extended
periods of parenting time with the obligor, the court shall
determine child care expenses based on an average monthly cost.
The amount allocated for child care expenses is considered child
support but is not subject to a cost-of-living adjustment under
section 518.641. The amount allocated for child care expenses
terminates when either party notifies the public authority that
the child care costs have ended and without any legal action on
the part of either party. The public authority shall verify the
information received under this provision before authorizing
termination. The termination is effective as of the date of the
notification. In other cases where there is a substantial
increase or decrease in child care expenses, the parties may
modify the order under section 518.64.
deleted text end

deleted text begin The court may allow the obligor parent to care for the
child while the obligee parent is working, as provided in
section 518.175, subdivision 8, but this is not a reason to
deviate from the guidelines.
deleted text end

deleted text begin (c) In addition to the child support guidelines, the court
shall take into consideration the following factors in setting
or modifying child support or in determining whether to deviate
from the guidelines:
deleted text end

deleted text begin (1) all earnings, income, and resources of the parents,
including real and personal property, but excluding income from
excess employment of the obligor or obligee that meets the
criteria of paragraph (b), clause (2)(ii);
deleted text end

deleted text begin (2) the financial needs and resources, physical and
emotional condition, and educational needs of the child or
children to be supported;
deleted text end

deleted text begin (3) the standard of living the child would have enjoyed had
the marriage not been dissolved, but recognizing that the
parents now have separate households;
deleted text end

deleted text begin (4) which parent receives the income taxation dependency
exemption and what financial benefit the parent receives from
it;
deleted text end

deleted text begin (5) the parents' debts as provided in paragraph (d); and
deleted text end

deleted text begin (6) the obligor's receipt of public assistance under the
AFDC program formerly codified under sections 256.72 to 256.82
or 256B.01 to 256B.40 and chapter 256J or 256K.
deleted text end

deleted text begin (d) In establishing or modifying a support obligation, the
court may consider debts owed to private creditors, but only if:
deleted text end

deleted text begin (1) the right to support has not been assigned under
section 256.741;
deleted text end

deleted text begin (2) the court determines that the debt was reasonably
incurred for necessary support of the child or parent or for the
necessary generation of income. If the debt was incurred for
the necessary generation of income, the court shall consider
only the amount of debt that is essential to the continuing
generation of income; and
deleted text end

deleted text begin (3) the party requesting a departure produces a sworn
schedule of the debts, with supporting documentation, showing
goods or services purchased, the recipient of them, the amount
of the original debt, the outstanding balance, the monthly
payment, and the number of months until the debt will be fully
paid.
deleted text end

deleted text begin (e) Any schedule prepared under paragraph (d), clause (3),
shall contain a statement that the debt will be fully paid after
the number of months shown in the schedule, barring emergencies
beyond the party's control.
deleted text end

deleted text begin (f) Any further departure below the guidelines that is
based on a consideration of debts owed to private creditors
shall not exceed 18 months in duration, after which the support
shall increase automatically to the level ordered by the court.
Nothing in this section shall be construed to prohibit one or
more step increases in support to reflect debt retirement during
the 18-month period.
deleted text end

deleted text begin (g) If payment of debt is ordered pursuant to this section,
the payment shall be ordered to be in the nature of child
support.
deleted text end

deleted text begin (h) Nothing shall preclude the court from receiving
evidence on the above factors to determine if the guidelines
should be exceeded or modified in a particular case.
deleted text end

new text begin (b)(1) Unless otherwise agreed to by the parents and
approved by the court, the court must order that basic support
be divided between the parents based on their proportionate
share of the parents' combined monthly income, as determined
under this section.
new text end

new text begin (2) For parents with a combined monthly income less than or
equal to 100 percent of the federal poverty guidelines amount
for two people, the commissioner of human services must
determine the percentages in this paragraph by taking two times
the minimum basic support amount under paragraph (c), divided by
100 percent of the federal poverty guidelines amount for two
people. For all other parents, basic support must be computed
using the following schedule, prepared based on 2001 United
States Department of Agriculture expenditure data:
new text end

new text begin Parents' new text end new text begin Number of Children
Combined
Monthly
Income new text end new text begin One new text end new text begin Two new text end new text begin Three new text end new text begin Four new text end new text begin Five new text end new text begin Six
new text end

new text begin Below $1,000 new text end new text begin 10.0% new text end new text begin 16.1% new text end new text begin 18.6% new text end new text begin 21.6% new text end new text begin 25.1% new text end new text begin 29.1%
$1,000 - $1,499 new text end new text begin 10.0% new text end new text begin 16.1% new text end new text begin 18.6% new text end new text begin 21.6% new text end new text begin 25.1% new text end new text begin 29.1%
$1,500 - $1,999 new text end new text begin 19.4% new text end new text begin 31.3% new text end new text begin 36.2% new text end new text begin 42.0% new text end new text begin 48.7% new text end new text begin 56.5%
$2,000 - $2,499 new text end new text begin 28.7% new text end new text begin 46.3% new text end new text begin 53.5% new text end new text begin 62.1% new text end new text begin 72.0% new text end new text begin 83.5%
$2,500 - $2,999 new text end new text begin 25.0% new text end new text begin 40.3% new text end new text begin 46.5% new text end new text begin 53.9% new text end new text begin 62.6% new text end new text begin 72.6%
$3,000 - $3,499 new text end new text begin 22.5% new text end new text begin 36.3% new text end new text begin 41.9% new text end new text begin 48.6% new text end new text begin 56.4% new text end new text begin 65.4%
$3,500 - $3,999 new text end new text begin 20.7% new text end new text begin 33.4% new text end new text begin 38.5% new text end new text begin 44.7% new text end new text begin 51.8% new text end new text begin 60.1%
$4,000 - $4,499 new text end new text begin 19.4% new text end new text begin 31.2% new text end new text begin 36.1% new text end new text begin 41.9% new text end new text begin 48.6% new text end new text begin 56.3%
$4,500 - $4,999 new text end new text begin 18.3% new text end new text begin 29.6% new text end new text begin 34.1% new text end new text begin 39.6% new text end new text begin 45.9% new text end new text begin 53.2%
$5,000 - $5,499 new text end new text begin 17.5% new text end new text begin 28.2% new text end new text begin 32.6% new text end new text begin 37.8% new text end new text begin 43.9% new text end new text begin 50.9%
$5,500 - $5,999 new text end new text begin 16.8% new text end new text begin 27.1% new text end new text begin 31.3% new text end new text begin 36.3% new text end new text begin 42.1% new text end new text begin 48.9%
$6,000 - $6,400 new text end new text begin 16.2% new text end new text begin 26.2% new text end new text begin 30.2% new text end new text begin 35.0% new text end new text begin 40.6% new text end new text begin 47.1%
$6,500 - $6,999 new text end new text begin 15.8% new text end new text begin 25.4% new text end new text begin 29.3% new text end new text begin 34.0% new text end new text begin 39.4% new text end new text begin 45.7%
$7,000 - $7,499 new text end new text begin 15.4% new text end new text begin 24.8% new text end new text begin 28.6% new text end new text begin 33.2% new text end new text begin 38.5% new text end new text begin 44.6%
$7,500 - $7,999 new text end new text begin 15.0% new text end new text begin 24.2% new text end new text begin 27.9% new text end new text begin 32.4% new text end new text begin 37.5% new text end new text begin 43.5%
$8,000 - $8,499 new text end new text begin 14.7% new text end new text begin 23.7% new text end new text begin 27.3% new text end new text begin 31.7% new text end new text begin 36.7% new text end new text begin 42.6%
$8,500 - $8,999 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$9,000 - $9,499 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$9,500 - $9,999 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$10,000 - $10,499 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$10,500 - $10,999 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$11,000 - $11,499 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$11,500 - $11,999 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$12,000 - $12,499 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$12,500 - $12,999 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$13,000 - $13,499 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$13,500 - $13,999 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$14,000 - $14,499 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
$14,500 - $14,999 new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
new text end

new text begin $15,000 or
the amount new text end new text begin 14.4% new text end new text begin 23.3% new text end new text begin 26.8% new text end new text begin 31.1% new text end new text begin 36.1% new text end new text begin 41.8%
in effect
under subd. 4
new text end

new text begin (c) The commissioner of human services must compute and
publish a schedule of basic support amounts calculated using the
percentages in paragraph (b). The schedule must show basic
support amounts for combined monthly income increments of not
more than $100. The commissioner must determine the percentages
for each income increment by interpolating between the
percentages in paragraph (b). The commissioner may disregard a
fractional part of a dollar unless it amounts to 50 cents or
more, in which case the commissioner may increase the amount by
$1.
new text end

deleted text begin (i) deleted text end new text begin (d) new text end The guidelines in this subdivision are a rebuttable
presumption and deleted text begin shall deleted text end new text begin must new text end be used in all cases when
establishing or modifying child support. deleted text begin If the court does not
deviate from the guidelines, the court shall make written
findings concerning the amount of the obligor's income used as
the basis for the guidelines calculation and any other
significant evidentiary factors affecting the determination of
child support. If the court deviates from the guidelines, the
court shall make written findings giving the amount of support
calculated under the guidelines, the reasons for the deviation,
and shall specifically address the criteria in paragraph (c) and
how the deviation serves the best interest of the child. The
court may deviate from the guidelines if both parties agree and
the court makes written findings that it is in the best
interests of the child, except that in cases where child support
payments are assigned to the public agency under section
256.741, the court may deviate downward only as provided in
paragraph (j). Nothing in this paragraph prohibits the court
from deviating in other cases. The provisions of this paragraph
apply whether or not the parties are each represented by
independent counsel and have entered into a written agreement.
The court shall review stipulations presented to it for
conformity to the guidelines and the court is not required to
conduct a hearing, but the parties shall provide the
documentation of earnings required under subdivision 5b.
deleted text end

deleted text begin (j) If the child support payments are assigned to the
public agency under section 256.741, the court may not deviate
downward from the child support guidelines unless the court
specifically finds that the failure to deviate downward would
impose an extreme hardship on the obligor.
deleted text end

deleted text begin (k) The dollar amount of the income limit for application
of the guidelines must be adjusted on July 1 of every
even-numbered year to reflect cost-of-living changes. The
Supreme Court shall select the index for the adjustment from the
indices listed in section 518.641. The state court
administrator shall make the changes in the dollar amount
required by this paragraph available to courts and the public on
or before April 30 of the year in which the amount is to change.
deleted text end

deleted text begin (l) deleted text end new text begin (e) new text end In establishing or modifying child support, if a
child receives a child's insurance benefit under United States
Code, title 42, section 402, because the obligor is entitled to
old age or disability insurance benefits, the amount of support
ordered deleted text begin shall deleted text end new text begin must new text end be offset by the amount of the child's
benefit. The court shall make findings regarding the obligor's
income from all sources, the child support amount calculated
under this deleted text begin section deleted text end new text begin chapter new text end , the amount of the child's benefit,
and the obligor's child support obligation. deleted text begin Any deleted text end new text begin A new text end benefit
received by the child in a given month in excess of the child
support obligation deleted text begin shall deleted text end new text begin must new text end not be treated as an arrearage
payment or a future payment.

Subd. 5a.

Order for community services.

If the court
finds that the obligor earns $400 or less per month and does not
have the ability to provide support based on the guidelines and
factors under subdivision 5, the court may order the obligor to
perform community services to fulfill the obligor's support
obligation. In ordering community services under this
subdivision, the court shall consider whether the obligor has
the physical capability of performing community services, and
shall order community services that are appropriate for the
obligor's abilities.

Subd. 5b.

Determination of income.

(a) The parties shall
timely serve and file documentation of earnings and income. When
there is a prehearing conference, the court must receive the
documentation of income at least ten days prior to the
prehearing conference. Documentation of earnings and income
also includes, but is not limited to, pay stubs for the most
recent three months, employer statements, or statement of
receipts and expenses if self-employed. Documentation of
earnings and income also includes copies of each parent's most
recent federal tax returns, including W-2 forms, 1099 forms,
unemployment benefits statements, workers' compensation
statements, and all other documents evidencing income as
received that provide verification of income over a longer
period.

(b) In addition to the requirements of paragraph (a), deleted text begin at
deleted text end any time after new text begin a party commences new text end an action seeking child support
deleted text begin has been commenced deleted text end or when a child support order is in effect, a
party or the public authority may require the other party to
give them a copy of the party's most recent federal tax returns
that were filed with the Internal Revenue Service. The
party deleted text begin shall deleted text end new text begin must new text end provide a copy of the tax returns within 30
days of receipt of the request unless the request is not made in
good faith. A new text begin party may not make a new text end request under this paragraph
deleted text begin may not be made deleted text end more than once every two years, in the absence
of good cause.

(c) If a parent under the jurisdiction of the court does
not appear at a court hearing after proper notice of the time
and place of the hearing, the court shall set income for that
parent based on credible evidence before the court or in
accordance with paragraph (d). Credible evidence may include
documentation of current or recent income, testimony of the
other parent concerning recent earnings and income levels, and
the parent's wage reports filed with the Minnesota Department of
Employment and Economic Development under section 268.044.

(d) If the court finds that a parent is voluntarily
unemployed or underemployed or was voluntarily unemployed or
underemployed during the period for which past support is being
sought, deleted text begin support shall be calculated based on a determination of
deleted text end new text begin a court must calculate support based on an new text end imputed income. A
parent is not considered voluntarily unemployed or underemployed
upon a showing by the parent that the unemployment or
underemployment: (1) is temporary and will ultimately lead to
an increase in income; deleted text begin or deleted text end (2) represents a bona fide career
change that outweighs the adverse effect of that parent's
diminished income on the child new text begin ; or (3) the parent is a recipient
of public assistance under section 256.741 new text end . Imputed income
means the estimated earning ability of a parent based on the
parent's prior earnings history, education, and job skills, and
on availability of jobs within the community for an individual
with the parent's qualifications.

(e) If there is insufficient information to determine
actual income or to impute income pursuant to paragraph (d), the
court may calculate support based on full-time employment of 40
hours per week at 150 percent of the federal minimum wage or the
Minnesota minimum wage, whichever is higher. deleted text begin If a parent is a
recipient of public assistance under section 256.741, or is
physically or mentally incapacitated, it shall be presumed that
the parent is not voluntarily unemployed or underemployed.
deleted text end

(f) new text begin If a parent stays home to care for a child who is the
subject of the child support order, the court must consider the
following factors when determining whether the parent is
voluntarily unemployed or underemployed:
new text end

new text begin (1) the parties' parenting and child care arrangements
before the child support action;
new text end

new text begin (2) the stay-at-home parent's employment history, including
recency of employment and earnings, and the availability of jobs
within the community for an individual with the parent's
qualifications;
new text end

new text begin (3) the relationship between the employment-related
expenses, including child care, transportation costs, suitable
clothing, and other items required for the parent to be
employed, and the income the stay-at-home parent could receive
from available jobs within the community for an individual with
the parent's qualifications;
new text end

new text begin (4) the child's age and health, including whether the child
is physically or mentally disabled; and
new text end

new text begin (5) the availability of appropriate child care providers.
new text end

new text begin (g) new text end Income from self employment is equal to gross receipts
minus ordinary and necessary expenses. Ordinary and necessary
expenses do not include amounts allowed by the Internal Revenue
Service for accelerated depreciation expenses or investment tax
credits or any other business expenses determined by the court
to be inappropriate for determining income for purposes of child
support. The person seeking to deduct an expense, including
depreciation, has the burden of proving, if challenged, that the
expense is ordinary and necessary. Net income under this
section may be different from taxable income.

deleted text begin Subd. 5c. deleted text end

deleted text begin Child support guidelines to be reviewed every
four years. deleted text end

deleted text begin No later than 1994 and every four years after that,
the Department of Human Services shall conduct a review of the
child support guidelines.
deleted text end

Subd. 5d.

Education trust fund.

The parties may agree to
designate a sum of money above any court-ordered child support
as a trust fund for the costs of postsecondary education.

deleted text begin Subd. 5e. deleted text end

deleted text begin Adjustment to support order. deleted text end

deleted text begin A support order
issued under this section may provide that during any period of
time of 30 consecutive days or longer that the child is residing
with the obligor, the amount of support otherwise due under the
order may be reduced.
deleted text end

deleted text begin Subd. 5f. deleted text end

deleted text begin Subsequent children. deleted text end

deleted text begin The needs of subsequent
children shall not be factored into a support guidelines
calculation under subdivision 5. The fact that an obligor had
additional children after the entry of a child support order is
not grounds for a modification to decrease the amount of support
owed. However, the fact that an obligor has subsequent children
shall be considered in response to a request by an obligee for a
modification to increase child support. In order to deviate
from the support guidelines in subdivision 5 to consider the
needs of subsequent children, the trial court must:
deleted text end

deleted text begin (1) find the obligor's total ability to contribute to
dependent children, taking into account the obligor's income and
reasonable expenses exclusive of child care. The obligor's
expenses must be:
deleted text end

deleted text begin (i) reduced as appropriate to take into account
contributions to those costs by other adults who share the
obligor's current household; and
deleted text end

deleted text begin (ii) apportioned between the parent and any subsequent
child with regard to shared benefits, including but not limited
to, housing and transportation;
deleted text end

deleted text begin (2) find the total needs of all the obligor's children, and
if these needs are less than the obligor's ability to pay, the
needs may become the obligor's child support obligation. When
considering the needs of subsequent children, the trial court
must reduce those amounts as appropriate to take into account
the ability to contribute to those needs by another parent of
the children;
deleted text end

deleted text begin (3) make specific findings on the needs of the child or
children who are the subject of the support order under
consideration; and
deleted text end

deleted text begin (4) exercise discretion to fairly determine the current
support obligation and the contribution left available for other
children, considering that the support obligation being
determined should be in an amount at least equal to the
contribution for a subsequent child.
deleted text end

new text begin Subd. 5g. new text end

new text begin Income. new text end

new text begin (a) For purposes of calculating child
support under this chapter, "income" means gross income.
new text end

new text begin (b) For purposes of this chapter, income includes any form
of periodic payment to an individual including, but not limited
to:
new text end

new text begin (1) wages;
new text end

new text begin (2) salaries;
new text end

new text begin (3) payments to an independent contractor;
new text end

new text begin (4) workers' compensation;
new text end

new text begin (5) unemployment insurance benefits;
new text end

new text begin (6) annuity;
new text end

new text begin (7) military and naval retirement;
new text end

new text begin (8) pension and disability payments; and
new text end

new text begin (9) in-kind payments received by the obligor in the course
of employment, self-employment, or operation of a business if
the payments reduce the obligor's living expenses.
new text end

new text begin (c) If the court finds that a party's commissions or
bonuses are reliable and predictable, the court may include them
in income calculations.
new text end

new text begin (d) Income from self-employment is equal to gross receipts
minus ordinary and necessary expenses. Ordinary and necessary
expenses include what would otherwise be the employer's share of
the contributions under the Federal Insurance Contributions Act
(FICA), United States Code, title 26, subtitle C, chapter 21,
subchapter A, sections 3101 to 3126. Ordinary and necessary
expenses do not necessarily include amounts allowed by the
Internal Revenue Service for accelerated depreciation expenses
or investment tax credits or any other business expenses
determined by the court to be inappropriate for determining
income for purposes of child support. The person seeking to
deduct an expense, including depreciation, has the burden of
proving, if challenged, that the expense is ordinary and
necessary. Income calculated under this section may be
different from taxable income.
new text end

new text begin (e) Benefits received under chapter 256J and Title IV-A of
the Social Security Act are not income under this section.
new text end

new text begin (f)(1) Income does not include compensation received by a
party for employment in excess of a 40-hour work week if:
new text end

new text begin (i) the excess employment is not within the normal range of
hours worked, given the party's employment history;
new text end

new text begin (ii) the excess employment is voluntary and not a condition
of employment;
new text end

new text begin (iii) the excess employment is in the nature of additional,
part-time, or overtime employment compensable by the hour or
fraction of an hour; and
new text end

new text begin (iv) the party's compensation structure has not been
changed for the purpose of affecting a child support obligation.
new text end

new text begin (2) The court may presume that a party with seasonal or
intermittent income who works periods in excess of a 40-hour
work week, but who works a substantially normal number of hours
over the course of a year, is working within the normal range of
hours worked.
new text end

new text begin (g)(1) Income does not include the income of a party's
spouse or other household member. The court must not consider
the income or resources provided by a spouse or other household
member when determining the earnings, income, and resources of a
parent.
new text end

new text begin (2) Notwithstanding paragraph (a), the court may issue an
order permitting discovery of a spouse's or other household
member's income information if there is probable cause to
believe the spouse or other household member is being used to
shelter income from a party. If the court finds that income was
improperly or unfairly sheltered, it may impute income to the
party or otherwise adjust the support amount in a just and
proper manner. However, the court may not under any
circumstances consider income or resources properly attributable
to a spouse or other household member when setting support.
new text end

new text begin (h) The amount of a support or maintenance order, not
including orders for support or maintenance debts or arrears,
must be deducted from income.
new text end

new text begin (i)(1) For purposes of this subdivision, "legally dependent
child" means a child:
new text end

new text begin (i) whose primary residence is with a parent eligible for a
deduction from income under this subdivision;
new text end

new text begin (ii) whom the parent has the legal duty to support;
new text end

new text begin (iii) who is not a subject of the current child support
action;
new text end

new text begin (iv) for whom the parent is not ordered to pay child
support; and
new text end

new text begin (v) for whom no other person has court-ordered sole
physical custody.
new text end

new text begin (2) The court must deduct an amount from a parent's income
for a legally dependent child. The amount deducted from income
for each legally dependent child must be computed using the
following method:
new text end

new text begin (i) determine 120 percent of the federal poverty guidelines
for a family size equal to two parents plus each legally
dependent child;
new text end

new text begin (ii) divide the amount determined under clause (1) by the
family size determined under clause (1);
new text end

new text begin (iii) multiply the amount calculated under clause (2) by
the number of legally dependent children; and
new text end

new text begin (iv) divide the amount calculated under clause (3) by two
to determine the deduction amount for one parent. The amount
determined for one parent must be divided by 12 to determine the
amount of the deduction from a parent's monthly income.
new text end

new text begin (3) The commissioner of human services must publish a table
listing the amount of the deduction for each legally dependent
child by family size and must update the table for changes to
the federal poverty guidelines by July 1 of each year.
new text end

new text begin (j) After determining each parent's basic support under
subdivision 1, the court must reduce the basic support of each
parent by 20 percent.
new text end

new text begin (k)(1) If the parents' parenting time approximates joint
physical custody, an obligor's basic support obligation is 50
percent of the difference between the parents' basic support
obligation, as determined under subdivision 1.
new text end

new text begin (2) A parenting time division approximates joint physical
custody if each parent provides, or is responsible for
providing, care at least 45 percent of the days in a year.
new text end

new text begin (3) For purposes of this paragraph, the following
principles apply:
new text end

new text begin (i) the label given to a custody arrangement is not
determinative;
new text end

new text begin (ii) the actual division of parenting time controls; and
new text end

new text begin (iii) an overnight stay presumptively constitutes a day of
caregiving.
new text end

new text begin (4) The court must make specific findings in support of an
adjustment to an obligor's basic support obligation under this
subdivision.
new text end

new text begin (l)(1) The basic support obligation for parents with a
combined monthly income in excess of the income limit currently
in effect under subdivision 1 must be the same dollar amount as
provided for parents with a combined monthly income equal to the
income limit in effect under subdivision 1.
new text end

new text begin (2) A court may order a basic support obligation in a child
support order in an amount that exceeds the income limit in
subdivision 1 if it finds that a child has a disability or other
substantial, demonstrated need for the additional support and
that the additional support will directly benefit the child.
new text end

new text begin (3) The dollar amount for the cap in subdivision 1 must be
adjusted on July 1 of every even-numbered year to reflect
cost-of-living changes. The Supreme Court must select the index
for the adjustment from the indices listed in section 518.641.
The state court administrator must make the changes in the
dollar amounts required by this paragraph available to courts
and the public on or before April 30 of the year in which the
amount is to change.
new text end

new text begin (m) If a child support proceeding involves more than six
children, the court may derive a support order without
specifically following the guidelines. However, the court must
consider the basic principles encompassed by the guidelines and
must consider both parents' needs, resources, and circumstances.
new text end

new text begin (n) By January 15 each year, the commissioner of human
services must submit a report to the legislature on the basic
support schedule. The report must include the following:
new text end

new text begin (1) information on any changes to the United States
Department of Agriculture expenditure data used in constructing
the basic support schedule under subdivision 1;
new text end

new text begin (2) information on any new sources of economic data that
could be used to construct a basic support schedule; and
new text end

new text begin (3) a summary of any problems or concerns with implementing
or applying the basic support schedule, and recommendations on
how to resolve those problems or concerns.
new text end

new text begin Subd. 5h. new text end

new text begin Child care support. new text end

new text begin (a) Unless otherwise
agreed to by the parties and approved by the court, the court
must order that the child care costs be divided between the
obligor and obligee based on their proportionate share of the
parties' combined monthly income, as determined under
subdivision 5g.
new text end

new text begin (b)(1) If the obligor's income as determined under
subdivision 5g meets the income eligibility requirements for
child care assistance under the basic sliding fee program under
chapter 119B, the court must order the obligor to pay the lesser
of the following amounts:
new text end

new text begin (i) the amount of the obligor's monthly co-payment for
child care assistance under the basic sliding fee schedule
established by the commissioner of education under chapter 119B,
based on an obligor's monthly gross income as determined under
subdivision 5g and the size of the obligor's household. For
purposes of this subdivision, the obligor's household includes
the obligor and the number of children for whom child support is
being ordered; or
new text end

new text begin (ii) the amount of the obligor's child care obligation
under subdivision 1.
new text end

new text begin (2) The commissioner of human services must publish a table
with the child care assistance basic sliding fee amounts and
update the table for changes to the basic sliding fee schedule
by July 1 of each year.
new text end

new text begin (c)(1) The court must require verification of employment or
school attendance and documentation of child care expenses from
the obligee and the public authority, if applicable.
new text end

new text begin (2) If child care expenses fluctuate during the year
because of the obligee's seasonal employment or school
attendance or extended periods of parenting time with the
obligor, the court must determine child care expenses based on
an average monthly cost.
new text end

new text begin (3) The amount allocated for child care expenses is
considered child support but is not subject to a cost-of-living
adjustment under section 518.641.
new text end

new text begin (4) The court may allow the parent with whom the child does
not reside to care for the child while the parent with whom the
child resides is working or attending school, as provided in
section 518.175, subdivision 8. Allowing the parent with whom
the child does not reside to care for the child under section
518.175, subdivision 8, is not a reason to deviate from the
guidelines.
new text end

new text begin (d)(1) If a court order provides for child care expenses
and the public authority provides child support enforcement
services, the public authority must suspend collecting the
amount allocated for child care expenses when: (i) either party
informs the public authority that no child care costs are being
incurred; and (ii) the public authority verifies the accuracy of
the information. The public authority will resume collecting
child care expenses when either party provides information that
child care costs have resumed.
new text end

new text begin (2) If the parties provide conflicting information to the
public authority regarding whether child care expenses are being
incurred, the public authority will continue or resume
collecting child care expenses. Either party, by motion to the
court, may challenge the suspension or resumption of the
collection of child care expenses. If the public authority
suspends collection activities for the amount allocated for
child care expenses, all other provisions of the court order
remain in effect.
new text end

new text begin (3) In cases where there is a substantial increase or
decrease in child care expenses, the parties may modify the
order under section 518.641.
new text end

new text begin Subd. 5i. new text end

new text begin Self-support adjustment. new text end

new text begin (a)(1) If the sum of
the obligor's basic support, child care support, and medical
support obligation leaves the obligor with remaining income in
an amount less than 120 percent of the federal poverty
guidelines for one person, the court must reduce the obligor's
child support obligation by an amount equal to the lesser of:
(i) the difference between the obligor's remaining income and
120 percent of the federal poverty guidelines amount; or (ii)
the obligor's total child support obligation. If the
self-support adjustment results in an order amount less than $50
per month for one or two children or $75 per month for three or
more children, the court must order basic support under
subdivision 2.
new text end

new text begin (2) The court must apply the reduction to the obligor's
child support obligation in the following order:
new text end

new text begin (i) medical support obligation;
new text end

new text begin (ii) child care support obligation; and
new text end

new text begin (iii) basic support obligation.
new text end

new text begin (b)(1) If the reduction under this subdivision equals the
sum of the obligor's basic support, child care support, and
medical support obligation, the court must order support as
follows:
new text end

new text begin (i) for one or two children, the obligor's basic support
obligation is $50 per month; or
new text end

new text begin (ii) for three or more children, the obligor's basic
support obligation is $75 per month.
new text end

new text begin (2) If the court orders the obligor to pay the minimum
basic support amount under this subdivision, the obligor is
presumed unable to pay child care support and medical support.
new text end

new text begin (3) If the court finds that an obligor receives no income
and completely lacks the ability to earn income, the minimum
basic support amount under this subdivision does not apply.
new text end

new text begin Subd. 5j. new text end

new text begin Worksheet. new text end

new text begin The commissioner of human services
must create and publish a worksheet to assist in calculating
child support under subdivisions 5 to 5j and section 518.5515.
The worksheet must not impose substantive requirements other
than requirements contained in subdivisions 5 to 5j and section
518.5515. The commissioner must update the worksheet by July 1
of each year. The commissioner must make an interactive version
of the worksheet available on the Department of Human Services
Web site.
new text end

new text begin Subd. 5k. new text end

new text begin Deviations. new text end

new text begin (a) In addition to the child
support guidelines, the court must take into consideration the
following factors in setting or modifying child support or in
determining whether to deviate from the guidelines:
new text end

new text begin (1) all earnings, income, and resources of the parents,
including real and personal property, but excluding income from
excess employment of the obligor or obligee that meets the
criteria of subdivision 5g, paragraph (f);
new text end

new text begin (2) the financial needs and resources, physical and
emotional condition, and educational needs of the child to be
supported;
new text end

new text begin (3) the standard of living the child would have enjoyed had
the marriage not been dissolved, but recognizing that the
parents now have separate households;
new text end

new text begin (4) which parent receives the income taxation dependency
exemption and the financial benefit the parent receives from it;
new text end

new text begin (5) the parents' debts as provided in paragraph (b);
new text end

new text begin (6) the obligor's receipt of public assistance under the
AFDC program formerly codified under sections 256.72 to 256.82
or 256B.01 to 256B.40 and chapter 256J or 256K;
new text end

new text begin (7) the child spends between 33 and 45 percent of
overnights with the obligor pursuant to a court order or with
the consent of the obligee, which results in an increased
financial burden on the obligor; and
new text end

new text begin (8) the best interests of the child.
new text end

new text begin (b)(1) In establishing or modifying a support obligation,
the court may consider debts owed to private creditors, but only
if:
new text end

new text begin (i) the right to support has not been assigned under
section 256.741;
new text end

new text begin (ii) the court determines that the debt was reasonably
incurred for necessary support of the child or parent or for the
necessary generation of income. If the debt was incurred for
the necessary generation of income, the court may consider only
the amount of debt that is essential to the continuing
generation of income; and
new text end

new text begin (iii) the party requesting a departure produces a sworn
schedule of the debts, with supporting documentation, showing
goods or services purchased, the recipient of them, the original
debt amount, the outstanding balance, the monthly payment, and
the number of months until the debt will be fully paid.
new text end

new text begin (2) A schedule prepared under clause (1), item (iii), must
contain a statement that the debt will be fully paid after the
number of months shown in the schedule, barring emergencies
beyond the party's control.
new text end

new text begin (3) Any further departure below the guidelines that is
based on a consideration of debts owed to private creditors must
not exceed 18 months in duration. After 18 months the support
must increase automatically to the level ordered by the court.
This section does not prohibit one or more step increases in
support to reflect debt retirement during the 18-month period.
new text end

new text begin (4) If payment of debt is ordered pursuant to this section,
the payment must be ordered to be in the nature of child support.
new text end

new text begin (c) The court may receive evidence on the factors in this
section to determine if the guidelines should be exceeded or
modified in a particular case.
new text end

new text begin (d) If the child support payments are assigned to the
public authority under section 256.741, the court may not
deviate downward from the child support guidelines unless the
court specifically finds that the failure to deviate downward
would impose an extreme hardship on the obligor.
new text end

new text begin (e) An award of joint legal custody is not a reason for
departure from the guidelines.
new text end

new text begin Subd. 5l. new text end

new text begin Written findings. new text end

new text begin (a) If the court does not
deviate from the guidelines, the court must make written
findings concerning the amount of the parties' income used as
the basis for the guidelines calculation and any other
significant evidentiary factors affecting the child support
determination.
new text end

new text begin (b)(1) If the court deviates from the guidelines, the court
must make written findings giving the amount of support
calculated under the guidelines, the reasons for the deviation,
and must specifically address the criteria in subdivision 5k,
and how the deviation serves the best interests of the child.
new text end

new text begin (2) The court may deviate from the guidelines if both
parties agree and the court makes written findings that it is in
the best interests of the child, except that in cases where
child support payments are assigned to the public authority
under section 256.741, the court may deviate downward only as
provided in subdivision 5k. Nothing in this section prohibits
the court from deviating in other cases.
new text end

new text begin (c) The provisions of this section apply whether or not the
parties are each represented by independent counsel and have
entered into a written agreement. The court must review
stipulations presented to it for conformity to the guidelines.
The court is not required to conduct a hearing, but the parties
must provide the documentation of earnings required under this
section.
new text end

new text begin Subd. 5m. new text end

new text begin Guidelines review. new text end

new text begin No later than 2008 and
every four years after that, the Department of Human Services
must conduct a review of the child support guidelines.
new text end

new text begin Subd. 5n. new text end

new text begin Privacy protection; personal protection. new text end

new text begin (a)
The Social Security numbers and tax returns required under this
chapter are not accessible to the public, except that they must
be disclosed to the other parties to a proceeding as provided in
this chapter.
new text end

new text begin (b) The court may waive, modify, or limit the information
exchange requirements of this chapter by order if necessary to
protect a party from contact by another party.
new text end

new text begin (c)(1) If the public authority is a party or is providing
services in a child support case, a party may obtain an ex parte
order under this subdivision. The party may obtain an ex parte
order requiring the public authority to serve legal documents on
the other party by mail if the party submits a sworn affidavit
to the court stating that:
new text end

new text begin (i) the party needs to serve legal process in a support
proceeding and does not have access to the address of the other
party;
new text end

new text begin (ii) the party has made reasonable efforts to locate the
other party; and
new text end

new text begin (iii) the other party is not represented by counsel.
new text end

new text begin (2) The public authority must serve legal documents
provided by the moving party at the last known address of the
other party upon receipt of a court order under clause (1). The
public authority must provide for appropriate service and must
certify to all parties the date of service by mail. The public
authority's proof of service must not include the place or
address of service.
new text end

new text begin (3) The state court administrator must prepare and make
available forms for use in seeking access to an address under
this subdivision.
new text end

Subd. 6.

Failure of notice.

If the court in a
dissolution, legal separation or determination of parentage
proceeding, finds before issuing the order for judgment and
decree, that notification has not been given to the public
authority, the court shall set child support according to the
guidelines in subdivision 5. In those proceedings in which no
notification has been made pursuant to this section and in which
the public authority determines that the judgment is lower than
the child support required by the guidelines in subdivision 5,
it shall move the court for a redetermination of the support
payments ordered so that the support payments comply with the
guidelines.

Subd. 7.

Fees and cost recovery fees for iv-d services.

(a) deleted text begin When a recipient of IV-D services is no longer receiving
assistance under the state's title IV-A, IV-E foster care,
medical assistance, or MinnesotaCare programs, the public
authority responsible for child support enforcement must notify
the recipient, within five working days of the notification of
ineligibility, that IV-D services will be continued unless the
public authority is notified to the contrary by the recipient.
The notice must include the implications of continuing to
receive IV-D services, including the available services and
fees, cost recovery fees, and distribution policies relating to
fees. deleted text end new text begin If the obligee is not receiving public assistance, but
has applied for child support collection services, the public
authority has a pecuniary interest as well as an interest in the
welfare of a child. The public authority may intervene as a
matter of right in those cases to ensure that child support
orders are obtained, enforced, and provide for an appropriate
and accurate level of child, medical, and child care support.
If the public authority participates in a case where the action
taken by the public authority requires the use of an attorney's
services, the public authority must be represented by an
attorney consistent with paragraph (b).
new text end

new text begin (b) The provision of services under the child support
enforcement program that includes services by an attorney or an
attorney's representative employed by, under contract to, or
representing the public authority does not create an
attorney-client relationship with any party other than the
public authority. Attorneys employed by or under contract with
the public authority have an affirmative duty to inform
applicants and recipients of services under the child support
enforcement program that no attorney-client relationship exists
between the attorney and the applicant or recipient. This
paragraph applies to all legal services provided by the child
support enforcement program.
new text end

new text begin (c) The public authority must provide written notice to an
applicant or recipient of services that:
new text end

new text begin (1) no attorney-client relationship exists between the
attorney and the applicant or recipient;
new text end

new text begin (2) the rights of the individual as a subject of data are
controlled by section 13.04, subdivision 2; and
new text end

new text begin (3) the individual has a right to have an attorney
represent the individual.
new text end

new text begin (d) The public authority may act on behalf of a public
authority from another jurisdiction. This includes the
authority to represent the legal interests of, or execute
documents on behalf of, the other public authority in connection
with the establishment, enforcement, and collection of child
support and collection on judgments.
new text end

deleted text begin (b) An deleted text end new text begin (e) A $25 new text end application fee deleted text begin of $25 shall deleted text end new text begin must new text end be paid
by the person who applies for child support and maintenance
collection services, except persons who are receiving public
assistance as defined in section 256.741 deleted text begin and, if enacted, the
diversionary work program under section 256J.95 deleted text end , persons who
transfer from public assistance to nonpublic assistance status,
and minor parents and parents enrolled in a public secondary
school, area learning center, or alternative learning program
approved by the commissioner of education.

deleted text begin (c) When the public authority provides full IV-D services
to an obligee who has applied for those services, upon written
notice to the obligee, the public authority must charge a cost
recovery fee of one percent of the amount collected. This fee
must be deducted from the amount of the child support and
maintenance collected and not assigned under section 256.741
before disbursement to the obligee. This fee does not apply to
an obligee who:
deleted text end

deleted text begin (1) is currently receiving assistance under the state's
title IV-A, IV-E foster care, medical assistance, or
MinnesotaCare programs; or
deleted text end

deleted text begin (2) has received assistance under the state's title IV-A or
IV-E foster care programs, until the person has not received
this assistance for 24 consecutive months.
deleted text end

deleted text begin (d) deleted text end new text begin (f) new text end When the public authority provides deleted text begin full IV-D deleted text end new text begin child
support collection new text end services new text begin either new text end to deleted text begin an obligor who has applied
for such services deleted text end new text begin a public assistance recipient or to a party
who does not receive public assistance new text end , new text begin the public authority may
new text end upon written notice to the obligor, deleted text begin the public authority must
deleted text end charge a deleted text begin cost recovery deleted text end new text begin monthly collection new text end fee deleted text begin of one percent of
the deleted text end new text begin equivalent to the full new text end monthly new text begin cost to the county of
providing collection services, in addition to the amount of the
child support ordered by the court. The service fee assessed is
limited to ten percent of the monthly new text end court-ordered child
support deleted text begin and maintenance obligation. The fee may be collected
through income withholding, as well as by any other enforcement
remedy available to the public authority responsible for child
support enforcement deleted text end new text begin and must not be assessed to obligors who are
current in payment of the monthly court-ordered child support new text end .

deleted text begin (e) deleted text end new text begin (g) new text end Fees assessed by state and federal tax agencies for
collection of overdue support owed to or on behalf of a person
not receiving public assistance must be imposed on the person
for whom these services are provided. The public authority upon
written notice to the obligee deleted text begin shall deleted text end new text begin must new text end assess a fee of $25 to
the person not receiving public assistance for each successful
federal tax interception. The deleted text begin fee deleted text end new text begin public authority new text end must deleted text begin be
withheld prior to deleted text end new text begin withhold the fee before new text end the release of the
funds received from each interception and deleted text begin deposited deleted text end new text begin must deposit
the fee new text end in the general fund.

deleted text begin (f) Cost recovery fees collected under paragraphs (c) and
(d) shall be considered child support program income according
to Code of Federal Regulations, title 45, section 304.50, and
shall be deposited in the cost recovery fee account established
under paragraph (h). The commissioner of human services must
elect to recover costs based on either actual or standardized
costs.
deleted text end

deleted text begin (g) deleted text end new text begin (h) new text end The limitations of this subdivision on the
assessment of fees deleted text begin shall deleted text end new text begin do new text end not apply to the extent new text begin they are
new text end inconsistent with the requirements of federal law for receiving
funds for the programs under Title IV-A and Title IV-D of the
Social Security Act, United States Code, title 42, sections 601
to 613 and deleted text begin United States Code, title 42, sections deleted text end 651 to 662.

deleted text begin (h) deleted text end new text begin (i) new text end The commissioner of human services is authorized to
establish a special revenue fund account to receive child
support cost recovery fees. A portion of the nonfederal share
of these fees may be retained for expenditures necessary to
administer the fee and must be transferred to the child support
system special revenue account. The remaining nonfederal share
of the cost recovery fee must be retained by the commissioner
and dedicated to the child support general fund county
performance-based grant account authorized under sections
256.979 and 256.9791.

Subd. 9.

Assignment of rights; judgment.

(a) The public
agency responsible for child support enforcement is joined as a
party in each case in which rights are assigned under section
256.741, subdivision 2. The court administrator shall enter and
docket a judgment obtained by operation of law under section
548.091, subdivision 1, in the name of the public agency to the
extent that the obligation has been assigned. When deleted text begin arrearages
deleted text end new text begin arrears new text end are reduced to judgment under circumstances in which
section 548.091 is not applicable, the court shall grant
judgment in favor of, and in the name of, the public agency to
the extent that the deleted text begin arrearages deleted text end new text begin arrears new text end are assigned. After
filing notice of an assignment with the court administrator, who
shall enter the notice in the docket, the public agency may
enforce a judgment entered before the assignment of rights as if
the judgment were granted to it, and in its name, to the extent
that the deleted text begin arrearages deleted text end new text begin arrears new text end in that judgment are assigned.

(b) The public authority is a real party in interest in any
IV-D case where there has been an assignment of support. In all
other IV-D cases, the public authority has a pecuniary interest,
as well as an interest in the welfare of the children involved
in those cases. The public authority may intervene as a matter
of right in those cases to ensure that child support orders are
obtained and enforced which provide for an appropriate and
accurate level of child, medical, and child care support. If
the public authority participates in a IV-D case where the
action taken by the public authority requires the use of an
attorney's services, the public authority shall be represented
by an attorney consistent with the provisions in section 518.255.

new text begin (c) The court may make any child support order a lien or
charge upon the obligor's property, either at the time of the
entry of the judgment or by subsequent order upon proper
application.
new text end

Subd. 11.

deleted text begin reopening support awards deleted text end new text begin accounting for child
support by obligee new text end .

deleted text begin Section 518.145, subdivision 2, applies to
awards of child support. deleted text end new text begin (a) Upon an obligor's motion, a court
may order an obligee to account for the use or disposition of
child support received. The motion must assert the specific
allegations of abuse or misapplication of child support received
and that a child's needs are not being met. If the court orders
a hearing, the court may order an accounting only if the obligor
establishes:
new text end

new text begin (1) the specific allegations of abuse or misapplication of
child support received;
new text end

new text begin (2) that the child's needs are not being met; and
new text end

new text begin (3) that there is no record or history of domestic abuse,
harassment, or violence between the parties.
new text end

new text begin (b) If the court orders an accounting under paragraph (a),
the obligee must provide documentation that breaks down monthly
expenditures of child support received into the following
categories:
new text end

new text begin (1) housing and utilities;
new text end

new text begin (2) food;
new text end

new text begin (3) transportation;
new text end

new text begin (4) clothing;
new text end

new text begin (5) health care;
new text end

new text begin (6) child care and education; and
new text end

new text begin (7) miscellaneous.
new text end

new text begin An obligee may account for expenditures on housing, utilities,
food, and transportation that are attributable to multiple
household members on a per capita basis.
new text end

new text begin (c) If the court finds that an obligee does not make the
accounting required under paragraph (b) or the obligee does not
spend the entire child support payment on behalf of the child,
the court may:
new text end

new text begin (1) hold the obligee in contempt of court pursuant to this
chapter, chapter 588, and the Minnesota Rules of Court;
new text end

new text begin (2) reduce or eliminate the obligor's child support
obligation;
new text end

new text begin (3) order the obligee to make future expenditures on behalf
of the child, whether in whole or in part, in a manner that
documents the transaction; or
new text end

new text begin (4) make any other appropriate order to ensure that the
child's needs are met.
new text end

new text begin (d) If the court determines that an obligor's motion under
this section is brought in bad faith, the court may award
reasonable attorney fees to the obligee.
new text end

deleted text begin Subd. 12. deleted text end

deleted text begin Occupational license suspension. deleted text end

deleted text begin (a) Upon
motion of an obligee, if the court finds that the obligor is or
may be licensed by a licensing board listed in section 214.01 or
other state, county, or municipal agency or board that issues an
occupational license and the obligor is in arrears in
court-ordered child support or maintenance payments or both in
an amount equal to or greater than three times the obligor's
total monthly support and maintenance payments and is not in
compliance with a written payment agreement pursuant to section
518.553 that is approved by the court, a child support
magistrate, or the public authority, the court shall direct the
licensing board or other licensing agency to suspend the license
under section 214.101. The court's order must be stayed for 90
days in order to allow the obligor to execute a written payment
agreement pursuant to section 518.553. The payment agreement
must be approved by either the court or the public authority
responsible for child support enforcement. If the obligor has
not executed or is not in compliance with a written payment
agreement pursuant to section 518.553 after the 90 days expires,
the court's order becomes effective. If the obligor is a
licensed attorney, the court shall report the matter to the
Lawyers Professional Responsibility Board for appropriate action
in accordance with the Rules of Professional Conduct. The
remedy under this subdivision is in addition to any other
enforcement remedy available to the court.
deleted text end

deleted text begin (b) If a public authority responsible for child support
enforcement finds that the obligor is or may be licensed by a
licensing board listed in section 214.01 or other state, county,
or municipal agency or board that issues an occupational license
and the obligor is in arrears in court-ordered child support or
maintenance payments or both in an amount equal to or greater
than three times the obligor's total monthly support and
maintenance payments and is not in compliance with a written
payment agreement pursuant to section 518.553 that is approved
by the court, a child support magistrate, or the public
authority, the court or the public authority shall direct the
licensing board or other licensing agency to suspend the license
under section 214.101. If the obligor is a licensed attorney,
the public authority may report the matter to the Lawyers
Professional Responsibility Board for appropriate action in
accordance with the Rules of Professional Conduct. The remedy
under this subdivision is in addition to any other enforcement
remedy available to the public authority.
deleted text end

deleted text begin (c) At least 90 days before notifying a licensing authority
or the Lawyers Professional Responsibility Board under paragraph
(b), the public authority shall mail a written notice to the
license holder addressed to the license holder's last known
address that the public authority intends to seek license
suspension under this subdivision and that the license holder
must request a hearing within 30 days in order to contest the
suspension. If the license holder makes a written request for a
hearing within 30 days of the date of the notice, a court
hearing or a hearing under section 484.702 must be held.
Notwithstanding any law to the contrary, the license holder must
be served with 14 days' notice in writing specifying the time
and place of the hearing and the allegations against the license
holder. The notice may be served personally or by mail. If the
public authority does not receive a request for a hearing within
30 days of the date of the notice, and the obligor does not
execute a written payment agreement pursuant to section 518.553
that is approved by the public authority within 90 days of the
date of the notice, the public authority shall direct the
licensing board or other licensing agency to suspend the
obligor's license under paragraph (b), or shall report the
matter to the Lawyers Professional Responsibility Board.
deleted text end

deleted text begin (d) The public authority or the court shall notify the
Lawyers Professional Responsibility Board for appropriate action
in accordance with the Rules of Professional Responsibility
Conduct or order the licensing board or licensing agency to
suspend the license if the judge finds that:
deleted text end

deleted text begin (1) the person is licensed by a licensing board or other
state agency that issues an occupational license;
deleted text end

deleted text begin (2) the person has not made full payment of arrearages
found to be due by the public authority; and
deleted text end

deleted text begin (3) the person has not executed or is not in compliance
with a payment plan approved by the court, a child support
magistrate, or the public authority.
deleted text end

deleted text begin (e) Within 15 days of the date on which the obligor either
makes full payment of arrearages found to be due by the court or
public authority or executes and initiates good faith compliance
with a written payment plan approved by the court, a child
support magistrate, or the public authority, the court, a child
support magistrate, or the public authority responsible for
child support enforcement shall notify the licensing board or
licensing agency or the Lawyers Professional Responsibility
Board that the obligor is no longer ineligible for license
issuance, reinstatement, or renewal under this subdivision.
deleted text end

deleted text begin (f) In addition to the criteria established under this
section for the suspension of an obligor's occupational license,
a court, a child support magistrate, or the public authority may
direct the licensing board or other licensing agency to suspend
the license of a party who has failed, after receiving notice,
to comply with a subpoena relating to a paternity or child
support proceeding. Notice to an obligor of intent to suspend
must be served by first class mail at the obligor's last known
address. The notice must inform the obligor of the right to
request a hearing. If the obligor makes a written request
within ten days of the date of the hearing, a hearing must be
held. At the hearing, the only issues to be considered are
mistake of fact and whether the obligor received the subpoena.
deleted text end

deleted text begin (g) The license of an obligor who fails to remain in
compliance with an approved written payment agreement may be
suspended. Prior to suspending a license for noncompliance with
an approved written payment agreement, the public authority must
mail to the obligor's last known address a written notice that
(1) the public authority intends to seek suspension of the
obligor's occupational license under this paragraph, and (2) the
obligor must request a hearing, within 30 days of the date of
the notice, to contest the suspension. If, within 30 days of
the date of the notice, the public authority does not receive a
written request for a hearing and the obligor does not comply
with an approved written payment agreement, the public authority
must direct the licensing board or other licensing agency to
suspend the obligor's license under paragraph (b), and, if the
obligor is a licensed attorney, must report the matter to the
Lawyers Professional Responsibility Board. If the obligor makes
a written request for a hearing within 30 days of the date of
the notice, a court hearing must be held. Notwithstanding any
law to the contrary, the obligor must be served with 14 days'
notice in writing specifying the time and place of the hearing
and the allegations against the obligor. The notice may be
served personally or by mail to the obligor's last known
address. If the obligor appears at the hearing and the court
determines that the obligor has failed to comply with an
approved written payment agreement, the court or public
authority must notify the occupational licensing board or other
licensing agency to suspend the obligor's license under
paragraph (b) and, if the obligor is a licensed attorney, must
report the matter to the lawyers professional responsibility
board. If the obligor fails to appear at the hearing, the court
or public authority must notify the occupational licensing board
or other licensing agency to suspend the obligor's license under
paragraph (b), and if the obligor is a licensed attorney, must
report the matter to the lawyers professional responsibility
board.
deleted text end

deleted text begin Subd. 13. [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion
of an obligee, which has been properly served on the obligor and
upon which there has been an opportunity for hearing, if a court
finds that the obligor has been or may be issued a driver's
license by the commissioner of public safety and the obligor is
in arrears in court-ordered child support or maintenance
payments, or both, in an amount equal to or greater than three
times the obligor's total monthly support and maintenance
payments and is not in compliance with a written payment
agreement pursuant to section 518.553 that is approved by the
court, a child support magistrate, or the public authority, the
court shall order the commissioner of public safety to suspend
the obligor's driver's license. The court's order must be
stayed for 90 days in order to allow the obligor to execute a
written payment agreement pursuant to section 518.553. The
payment agreement must be approved by either the court or the
public authority responsible for child support enforcement. If
the obligor has not executed or is not in compliance with a
written payment agreement pursuant to section 518.553 after the
90 days expires, the court's order becomes effective and the
commissioner of public safety shall suspend the obligor's
driver's license. The remedy under this subdivision is in
addition to any other enforcement remedy available to the
court. An obligee may not bring a motion under this paragraph
within 12 months of a denial of a previous motion under this
paragraph.
deleted text end

deleted text begin (b) If a public authority responsible for child support
enforcement determines that the obligor has been or may be
issued a driver's license by the commissioner of public safety
and the obligor is in arrears in court-ordered child support or
maintenance payments or both in an amount equal to or greater
than three times the obligor's total monthly support and
maintenance payments and not in compliance with a written
payment agreement pursuant to section 518.553 that is approved
by the court, a child support magistrate, or the public
authority, the public authority shall direct the commissioner of
public safety to suspend the obligor's driver's license. The
remedy under this subdivision is in addition to any other
enforcement remedy available to the public authority.
deleted text end

deleted text begin (c) At least 90 days prior to notifying the commissioner of
public safety according to paragraph (b), the public authority
must mail a written notice to the obligor at the obligor's last
known address, that it intends to seek suspension of the
obligor's driver's license and that the obligor must request a
hearing within 30 days in order to contest the suspension. If
the obligor makes a written request for a hearing within 30 days
of the date of the notice, a court hearing must be held.
Notwithstanding any law to the contrary, the obligor must be
served with 14 days' notice in writing specifying the time and
place of the hearing and the allegations against the obligor.
The notice must include information that apprises the obligor of
the requirement to develop a written payment agreement that is
approved by a court, a child support magistrate, or the public
authority responsible for child support enforcement regarding
child support, maintenance, and any arrearages in order to avoid
license suspension. The notice may be served personally or by
mail. If the public authority does not receive a request for a
hearing within 30 days of the date of the notice, and the
obligor does not execute a written payment agreement pursuant to
section 518.553 that is approved by the public authority within
90 days of the date of the notice, the public authority shall
direct the commissioner of public safety to suspend the
obligor's driver's license under paragraph (b).
deleted text end

deleted text begin (d) At a hearing requested by the obligor under paragraph
(c), and on finding that the obligor is in arrears in
court-ordered child support or maintenance payments or both in
an amount equal to or greater than three times the obligor's
total monthly support and maintenance payments, the district
court or child support magistrate shall order the commissioner
of public safety to suspend the obligor's driver's license or
operating privileges unless the court or child support
magistrate determines that the obligor has executed and is in
compliance with a written payment agreement pursuant to section
518.553 that is approved by the court, a child support
magistrate, or the public authority.
deleted text end

deleted text begin (e) An obligor whose driver's license or operating
privileges are suspended may:
deleted text end

deleted text begin (1) provide proof to the public authority responsible for
child support enforcement that the obligor is in compliance with
all written payment agreements pursuant to section 518.553;
deleted text end

deleted text begin (2) bring a motion for reinstatement of the driver's
license. At the hearing, if the court or child support
magistrate orders reinstatement of the driver's license, the
court or child support magistrate must establish a written
payment agreement pursuant to section 518.553; or
deleted text end

deleted text begin (3) seek a limited license under section 171.30. A limited
license issued to an obligor under section 171.30 expires 90
days after the date it is issued.
deleted text end

deleted text begin Within 15 days of the receipt of that proof or a court
order, the public authority shall inform the commissioner of
public safety that the obligor's driver's license or operating
privileges should no longer be suspended.
deleted text end

deleted text begin (f) On January 15, 1997, and every two years after that,
the commissioner of human services shall submit a report to the
legislature that identifies the following information relevant
to the implementation of this section:
deleted text end

deleted text begin (1) the number of child support obligors notified of an
intent to suspend a driver's license;
deleted text end

deleted text begin (2) the amount collected in payments from the child support
obligors notified of an intent to suspend a driver's license;
deleted text end

deleted text begin (3) the number of cases paid in full and payment agreements
executed in response to notification of an intent to suspend a
driver's license;
deleted text end

deleted text begin (4) the number of cases in which there has been
notification and no payments or payment agreements;
deleted text end

deleted text begin (5) the number of driver's licenses suspended;
deleted text end

deleted text begin (6) the cost of implementation and operation of the
requirements of this section; and
deleted text end

deleted text begin (7) the number of limited licenses issued and number of
cases in which payment agreements are executed and cases are
paid in full following issuance of a limited license.
deleted text end

deleted text begin (g) In addition to the criteria established under this
section for the suspension of an obligor's driver's license, a
court, a child support magistrate, or the public authority may
direct the commissioner of public safety to suspend the license
of a party who has failed, after receiving notice, to comply
with a subpoena relating to a paternity or child support
proceeding. Notice to an obligor of intent to suspend must be
served by first class mail at the obligor's last known address.
The notice must inform the obligor of the right to request a
hearing. If the obligor makes a written request within ten days
of the date of the hearing, a hearing must be held. At the
hearing, the only issues to be considered are mistake of fact
and whether the obligor received the subpoena.
deleted text end

deleted text begin (h) The license of an obligor who fails to remain in
compliance with an approved written payment agreement may be
suspended. Prior to suspending a license for noncompliance with
an approved written payment agreement, the public authority must
mail to the obligor's last known address a written notice that
(1) the public authority intends to seek suspension of the
obligor's driver's license under this paragraph, and (2) the
obligor must request a hearing, within 30 days of the date of
the notice, to contest the suspension. If, within 30 days of
the date of the notice, the public authority does not receive a
written request for a hearing and the obligor does not comply
with an approved written payment agreement, the public authority
must direct the Department of Public Safety to suspend the
obligor's license under paragraph (b). If the obligor makes a
written request for a hearing within 30 days of the date of the
notice, a court hearing must be held. Notwithstanding any law
to the contrary, the obligor must be served with 14 days' notice
in writing specifying the time and place of the hearing and the
allegations against the obligor. The notice may be served
personally or by mail at the obligor's last known address. If
the obligor appears at the hearing and the court determines that
the obligor has failed to comply with an approved written
payment agreement, the court or public authority shall notify
the Department of Public Safety to suspend the obligor's license
under paragraph (b). If the obligor fails to appear at the
hearing, the court or public authority must notify the
Department of Public Safety to suspend the obligor's license
under paragraph (b).
deleted text end

deleted text begin Subd. 13a. deleted text end

deleted text begin Data on suspensions for support arrears.
deleted text end

deleted text begin Notwithstanding section 13.03, subdivision 4, paragraph (c),
data on an occupational license suspension under subdivision 12
or a driver's license suspension under subdivision 13 that are
transferred by the Department of Human Services to respectively
the Department of Public Safety or any state, county, or
municipal occupational licensing agency must have the same
classification at the Department of Public Safety or other
receiving agency under section 13.02 as other license suspension
data held by the receiving agency. The transfer of the data
does not affect the classification of the data in the hands of
the Department of Human Services.
deleted text end

deleted text begin Subd. 14. deleted text end

deleted text begin Motor vehicle lien. deleted text end

deleted text begin (a) Upon motion of an
obligee, if a court finds that the obligor is a debtor for a
judgment debt resulting from nonpayment of court-ordered child
support or maintenance payments, or both, in an amount equal to
or greater than three times the obligor's total monthly support
and maintenance payments, the court shall order the commissioner
of public safety to enter a lien in the name of the obligee or
in the name of the state of Minnesota, as appropriate, in
accordance with section 168A.05, subdivision 8, unless the court
finds that the obligor is in compliance with a written payment
agreement pursuant to section 518.553 that is approved by the
court, a child support magistrate, or the public authority. The
court's order must be stayed for 90 days in order to allow the
obligor to execute a written payment agreement pursuant to
section 518.553, which shall be approved by either the court or
the public authority responsible for child support enforcement.
If the obligor has not executed or is not in compliance with a
written payment agreement pursuant to section 518.553 that is
approved by the court, a child support magistrate, or the public
authority within the 90-day period, the court's order becomes
effective and the commissioner of public safety shall record the
lien on any motor vehicle certificate of title subsequently
issued in the name of the obligor. The remedy under this
subdivision is in addition to any other enforcement remedy
available to the court.
deleted text end

deleted text begin (b) If a public authority responsible for child support
enforcement determines that the obligor is a debtor for judgment
debt resulting from nonpayment of court-ordered child support or
maintenance payments, or both, in an amount equal to or greater
than three times the obligor's total monthly support and
maintenance payments, the public authority shall direct the
commissioner of public safety to enter a lien in the name of the
obligee or in the name of the state of Minnesota, as
appropriate, under section 168A.05, subdivision 8, on any motor
vehicle certificate of title subsequently issued in the name of
the obligor unless the public authority determines that the
obligor is in compliance with a written payment agreement
pursuant to section 518.553 that is approved by the court, a
child support magistrate, or the public authority. The remedy
under this subdivision is in addition to any other enforcement
remedy available to the public agency.
deleted text end

deleted text begin (c) At least 90 days prior to notifying the commissioner of
public safety pursuant to paragraph (b), the public authority
must mail a written notice to the obligor at the obligor's last
known address, that it intends to record a lien on any motor
vehicle certificate of title subsequently issued in the name of
the obligor and that the obligor must request a hearing within
30 days in order to contest the action. If the obligor makes a
written request for a hearing within 30 days of the date of the
notice, a court hearing must be held. Notwithstanding any law
to the contrary, the obligor must be served with 14 days' notice
in writing specifying the time and place of the hearing and the
allegations against the obligor. The notice may be served
personally or by mail. If the public authority does not receive
a request for a hearing within 30 days of the date of the notice
and the obligor does not execute or is not in compliance with a
written payment agreement pursuant to section 518.553 that is
approved by the public authority within 90 days of the date of
the notice, the public authority shall direct the commissioner
of public safety to record the lien under paragraph (b).
deleted text end

deleted text begin (d) At a hearing requested by the obligor under paragraph
(c), and on finding that the obligor is in arrears in
court-ordered child support or maintenance payments or both in
an amount equal to or greater than three times the obligor's
total monthly support and maintenance payments, the district
court or child support magistrate shall order the commissioner
of public safety to record the lien unless the court or child
support magistrate determines that the obligor has executed and
is in compliance with a written payment agreement pursuant to
section 518.553 that is determined to be acceptable by the
court, a child support magistrate, or the public authority.
deleted text end

deleted text begin (e) An obligor may provide proof to the court or the public
authority responsible for child support enforcement that the
obligor is in compliance with all written payment agreements
pursuant to section 518.553 or that the value of the motor
vehicle is less than the exemption provided under section
550.37. Within 15 days of the receipt of that proof, the court
or public authority shall either execute a release of security
interest under section 168A.20, subdivision 4, and mail or
deliver the release to the owner or other authorized person or
shall direct the commissioner of public safety not to enter a
lien on any motor vehicle certificate of title subsequently
issued in the name of the obligor in instances where a lien has
not yet been entered.
deleted text end

deleted text begin (f) Any lien recorded against a motor vehicle certificate
of title under this section and section 168A.05, subdivision 8,
attaches only to the nonexempt value of the motor vehicle as
determined in accordance with section 550.37. The value of a
motor vehicle must be determined in accordance with the retail
value described in the N.A.D.A. Official Used Car Guide, Midwest
Edition, for the current year, or in accordance with the
purchase price as defined in section 297B.01, subdivision 8.
deleted text end

deleted text begin Subd. 15. deleted text end

deleted text begin License suspension. deleted text end

deleted text begin (a) Upon motion of an
obligee or the public authority, which has been properly served
on the obligor by first class mail at the last known address or
in person, and if at a hearing, the court finds that (1) the
obligor is in arrears in court-ordered child support or
maintenance payments, or both, in an amount equal to or greater
than six times the obligor's total monthly support and
maintenance payments and is not in compliance with a written
payment agreement pursuant to section 518.553, or (2) has
failed, after receiving notice, to comply with a subpoena
relating to a paternity or child support proceeding, the court
may direct the commissioner of natural resources to suspend or
bar receipt of the obligor's recreational license or licenses.
Prior to utilizing this subdivision, the court must find that
other substantial enforcement mechanisms have been attempted but
have not resulted in compliance.
deleted text end

deleted text begin (b) For purposes of this subdivision, a recreational
license includes all licenses, permits, and stamps issued
centrally by the commissioner of natural resources under
sections 97B.301, 97B.401, 97B.501, 97B.515, 97B.601, 97B.715,
97B.721, 97B.801, 97C.301, and 97C.305.
deleted text end

deleted text begin (c) An obligor whose recreational license or licenses have
been suspended or barred may provide proof to the court that the
obligor is in compliance with all written payment agreements
pursuant to section 518.553. Within 15 days of receipt of that
proof, the court shall notify the commissioner of natural
resources that the obligor's recreational license or licenses
should no longer be suspended nor should receipt be barred.
deleted text end

Sec. 59.

Minnesota Statutes 2004, section 518.5513, is
amended to read:

518.5513 PROCEDURES FOR CHILD AND MEDICAL SUPPORT ORDERS
AND PARENTAGE ORDERS IN deleted text begin THE deleted text end EXPEDITED PROCESS.

Subdivision 1.

General.

This section applies in cases in
which support rights are assigned under section 256.741,
subdivision 2, or where the public authority is providing
services under an application for child support services.

Subd. 2.

Role of nonattorney employees; general
provisions.

(a) The county attorney shall review and approve as
to form and content all pleadings and other legal documents
prepared by nonattorney employees of the county agency for use
in the expedited child support process.

(b) Under the direction of, and in consultation with, the
county attorney, nonattorney employees of the county agency
shall have authority to perform the following legal duties:

(1) meet and confer with parties by mail, telephone,
electronic, or other means regarding legal issues;

(2) explain to parties the purpose, procedure, and function
of the expedited child support process and the role and
authority of nonattorney employees of the county agency
regarding legal issues;

(3) prepare pleadings, including, but not limited to,
summonses and complaints, notices, motions, subpoenas, orders to
show cause, proposed orders, administrative orders, and
stipulations and agreements;

(4) issue administrative subpoenas;

(5) prepare judicial notices;

(6) negotiate settlement agreements;

(7) attend and participate as a witness in hearings and
other proceedings and, if requested by the child support
magistrate, present evidence, agreements and stipulations of the
parties, and any other information deemed appropriate by the
magistrate;

(8) participate in such other activities and perform such
other duties as delegated by the county attorney; and

(9) exercise other powers and perform other duties as
permitted by statute or court rule.

(c) Nonattorney employees of the county agency may perform
the following duties without direction from the county attorney:

(1) gather information on behalf of the public authority;

(2) prepare financial worksheets;

(3) obtain income information from the Department of
Employment and Economic Development and other sources;

(4) serve documents on parties;

(5) file documents with the court;

(6) meet and confer with parties by mail, telephone,
electronic, or other means regarding nonlegal issues;

(7) explain to parties the purpose, procedure, and function
of the expedited child support process and the role and
authority of nonattorney employees of the county agency
regarding nonlegal issues; and

(8) perform such other routine nonlegal duties as assigned.

(d) Performance of the duties prescribed in paragraphs (b)
and (c) by nonattorney employees of the county agency does not
constitute the unauthorized practice of law for purposes of
section 481.02.

Subd. 3.

Contents of pleadings.

(a) In cases involving
establishment or modification of a child support order, the
initiating party shall include the following information, if
known, in the pleadings:

(1) names, addresses, and dates of birth of the parties;

(2) Social Security numbers of the parties and the new text begin parties'
new text end minor children deleted text begin of the parties, which deleted text end new text begin . This new text end information deleted text begin shall be
deleted text end new text begin is new text end considered private information and shall be available only to
the parties, the court, and the public authority;

(3) deleted text begin other support obligations of the obligor deleted text end new text begin number of
members in each party's household and dependents of the parties new text end ;

(4) new text begin the parties' other support obligations;
new text end

new text begin (5) new text end names and addresses of the parties' employers;

deleted text begin (5) net income of deleted text end new text begin (6) new text end the deleted text begin parties deleted text end new text begin parties' income new text end as
defined in section 518.551 deleted text begin , subdivision 5, deleted text end with the authorized
deductions itemized;

deleted text begin (6) deleted text end new text begin (7) new text end amounts and sources of any other earnings and
income of the parties;

deleted text begin (7) deleted text end new text begin (8) the parties' new text end health insurance coverage deleted text begin of parties deleted text end ;

deleted text begin (8) deleted text end new text begin (9) new text end types and amounts of public assistance received by
the parties, including Minnesota family investment plan, child
care assistance, medical assistance, MinnesotaCare, title IV-E
foster care, or other form of assistance as defined in section
256.741, subdivision 1; and

deleted text begin (9) deleted text end new text begin (10) new text end any other information relevant to the
determination of child or medical support under section deleted text begin 518.171
or deleted text end 518.551, subdivision 5 new text begin , or 518.5515 new text end .

(b) For all matters scheduled in the expedited process,
whether or not initiated by the public authority, the
nonattorney employee of the public authority deleted text begin shall deleted text end new text begin must new text end file
with the court and serve on the parties the following
information:

(1) new text begin income new text end information deleted text begin pertaining to the income of the
parties deleted text end available to the public authority from the Department of
Employment and Economic Development;

(2) a statement of the monthly amount of child support,
medical support, child care, and arrears currently being charged
the obligor on Minnesota IV-D cases;

(3) a statement of the types and amount of any public
assistance, as defined in section 256.741, subdivision 1,
received by the parties; and

(4) any other information relevant to deleted text begin the determination of
deleted text end new text begin determining new text end support that is known to the public authority and
that has not been otherwise provided by the parties.

The information must be filed with the court or child
support magistrate at least five days before any hearing
involving child support, medical support, or child care
reimbursement issues.

Subd. 4.

Noncontested matters.

Under the direction of
the county attorney and based on agreement of the parties,
nonattorney employees new text begin of the public authority new text end may prepare a
stipulation, findings of fact, conclusions of law, and proposed
order. The new text begin county attorney must approve and sign the new text end documents
deleted text begin must be approved and signed by the county attorney deleted text end as to form
and content before deleted text begin submission deleted text end new text begin the nonattorney employees submit
the documents new text end to the new text begin district new text end court or child support magistrate
for approval.

Subd. 5.

Administrative authority.

(a) The public
authority may take the following actions relating to
deleted text begin establishment of deleted text end new text begin establishing new text end paternity or to deleted text begin establishment,
modification, or enforcement of deleted text end new text begin establishing, modifying, or
enforcing new text end support orders, without the necessity of obtaining an
order from any judicial or administrative tribunal:

(1) recognize and enforce orders of child support agencies
of other states;

(2) upon request for genetic testing by a child, parent, or
any alleged parent, and using the procedure in paragraph (b),
order the child, parent, or alleged parent to submit to blood or
genetic testing for the purpose of establishing paternity;

(3) subpoena financial or other information needed to
establish, modify, or enforce a child support order and sanction
a party for failure to respond to a subpoena;

(4) upon notice to the obligor, obligee, and the
appropriate court, direct the obligor or other payor to change
the payee to the central collections unit under sections
518.5851 to 518.5853;

(5) order income withholding of child support under section
518.6111 and sanction an employer or payor of funds pursuant to
section 393.07, subdivision 9a, for failing to comply with an
income withholding notice;

(6) secure assets to satisfy the debt or deleted text begin arrearage in cases
in which there is a support debt or arrearage deleted text end new text begin arrears new text end by:

(i) intercepting or seizing periodic or lump sum payments
from state or local agencies, including unemployment new text begin insurance
new text end benefits, workers' compensation payments, judgments,
settlements, lotteries, and other lump sum payments;

(ii) attaching and seizing new text begin the obligor's new text end assets deleted text begin of the
obligor deleted text end held in financial institutions or public or private
retirement funds; and

(iii) imposing liens in accordance with section 548.091
and, in appropriate cases, forcing the sale of property and the
distribution of proceeds;

(7) for the purpose of securing overdue support, increase
the amount of the monthly support payments by an additional
amount equal to 20 percent of the monthly support payment to
include amounts for debts or deleted text begin arrearages deleted text end new text begin arrears new text end ; and

(8) subpoena an employer or payor of funds to provide
promptly information on the employment, compensation, and
benefits of an individual employed by that employer as an
employee or contractor, and sanction an employer or payor of
funds pursuant to section 393.07, subdivision 9a, for failure to
respond to the subpoena.

(b) A deleted text begin request for genetic testing by a deleted text end child, parent, or
alleged parent new text begin who requests genetic testing new text end must deleted text begin be supported by
deleted text end new text begin support the request with new text end a sworn statement deleted text begin by the person
requesting genetic testing alleging deleted text end new text begin that:
new text end

new text begin (1) alleges new text end paternity deleted text begin , which deleted text end new text begin and new text end sets forth facts
establishing a reasonable possibility of the requisite sexual
contact between the parties deleted text begin , or denying deleted text end new text begin ; or
new text end

new text begin (2) denies new text end paternity deleted text begin , deleted text end and deleted text begin setting deleted text end new text begin sets new text end forth facts
establishing a reasonable possibility of the nonexistence of
sexual contact between the alleged parties.

new text begin (c) new text end The order for genetic tests may be served anywhere
within the state and served outside the state in the same manner
as prescribed by law for service of subpoenas issued by the
district court of this state.

new text begin (d) new text end If the child, parent, or alleged parent fails to comply
with the genetic testing order, the public authority may seek to
enforce that order in district court through a motion to compel
testing.

new text begin (e) new text end No results obtained through genetic testing done in
response to an order issued under this section may be used in
any criminal proceeding.

deleted text begin (c) deleted text end new text begin (f) new text end Subpoenas may be served anywhere within the state
and served outside the state in the same manner as prescribed by
law for service of process of subpoenas issued by the district
court of this state. When a subpoena under this subdivision is
served on a third-party recordkeeper, written notice of the
subpoena shall be mailed to the person who is the subject of the
subpoenaed material at the person's last known address within
three days of the day the subpoena is served. This notice
provision does not apply if there is reasonable cause to believe
the giving of the notice may lead to interference with the
production of the subpoenaed documents.

deleted text begin (d) deleted text end new text begin (g) new text end A person served with a subpoena may make a written
objection to the public authority or court before the time
specified in the subpoena for compliance. The public authority
or the court deleted text begin shall deleted text end new text begin may new text end cancel or modify the subpoena, if
appropriate. The public authority deleted text begin shall deleted text end new text begin must new text end pay the reasonable
costs of producing the documents, if requested.

deleted text begin (e) deleted text end new text begin (h) new text end Subpoenas are enforceable in the same manner as
subpoenas of the district court. Upon motion of the county
attorney, the court may issue an order directing the production
of the records. deleted text begin Failure deleted text end new text begin A person who fails new text end to comply with the
court order may new text begin be new text end subject deleted text begin the person who fails to comply deleted text end to
civil or criminal contempt of court.

deleted text begin (f) deleted text end new text begin (i) new text end The administrative actions under this subdivision
are subject to due process safeguards, including requirements
for notice, opportunity to contest the action, and opportunity
to appeal the order to the judge, judicial officer, or child
support magistrate.

Subd. 6.

Sharing of information.

new text begin (a) new text end The public
authority may share available and relevant information on the
parties in order to perform its duties under this section or
under Supreme Court rules governing the expedited child support
hearing process under section 484.702, subject to the
limitations of sections 256.87, subdivision 8; 257.70; and
518.005, subdivision 5.

new text begin (b)(1) Data disclosed by an applicant for, or recipient of,
child support services to an attorney employed by, or under
contract with, the public authority is private data on an
individual. However, the data may be disclosed under section
13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and
this chapter, in order to obtain, modify, or enforce child
support, medical support, and parentage determinations.
new text end

new text begin (2) An attorney employed by, or under contract with, the
public authority may disclose additional information received
from an applicant for, or recipient of, services for other
purposes with the consent of the individual applicant for, or
recipient of, child support services.
new text end

new text begin (c) In all proceedings under this chapter in which public
assistance is assigned under section 256.741, or the public
authority provides services to a party or parties to the
proceedings, notwithstanding statutory or other authorization
for the public authority to release private data on the location
of a party to the action, the public authority may not release
information on the location of one party to the other party if:
new text end

new text begin (1) the public authority has knowledge that a protective
order with respect to the other party has been entered; or
new text end

new text begin (2) the public authority has reason to believe that the
release of the information may result in physical or emotional
harm to the other party.
new text end

Sec. 60.

new text begin [518.5514] SUFFICIENCY OF NOTICE.
new text end

new text begin Automated child support notices sent by the public
authority which do not require service are sufficient notice
when issued and mailed by first class mail to the person's last
known address.
new text end

Sec. 61.

new text begin [518.5515] MEDICAL SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this
subdivision apply to this section.
new text end

new text begin (b) "Health care coverage" means health care benefits that
are provided by a health plan. Health care coverage does not
include any form of medical assistance under chapter 256B or
MinnesotaCare under chapter 256L.
new text end

new text begin (c) "Health carrier" means a carrier as defined in sections
62A.011, subdivision 2, and 62L.02, subdivision 16.
new text end

new text begin (d) "Health plan" means a plan meeting the definition under
section 62A.011, subdivision 3, a group health plan governed
under the federal Employee Retirement Income Security Act of
1974 (ERISA), a self-insured plan under sections 43A.23 to
43A.317 and 471.617, or a policy, contract, or certificate
issued by a community-integrated service network licensed under
chapter 62N. Health plan includes plans:
new text end

new text begin (1) provided on an individual and group basis;
new text end

new text begin (2) provided by an employer or union;
new text end

new text begin (3) purchased in the private market; and
new text end

new text begin (4) available to a person eligible to carry insurance for
the child.
new text end

new text begin Health plan includes a plan providing for dependent-only,
dental, or vision coverage and a plan provided through a party's
spouse or parent.
new text end

new text begin (e) "Medical support" means providing health care coverage
for a child by carrying health care coverage for the child or by
contributing to the cost of health care coverage, public
coverage, unreimbursed medical expenses, and uninsured medical
expenses of the child.
new text end

new text begin (f) "National medical support notice" means an
administrative notice issued by the public authority to enforce
health insurance provisions of a support order in accordance
with Code of Federal Regulations, title 45, section 303.32, in
cases where the public authority provides support enforcement
services.
new text end

new text begin (g) "Public coverage" means health care benefits provided
by any form of medical assistance under chapter 256B or
MinnesotaCare under chapter 256L.
new text end

new text begin (h) "Uninsured medical expenses" means a child's reasonable
and necessary health-related expenses if the child is not
covered by a health plan or public coverage when the expenses
are incurred.
new text end

new text begin (i) "Unreimbursed medical expenses" means a child's
reasonable and necessary health-related expenses if a child is
covered by a health plan or public coverage and the plan or
coverage does not pay for the total cost of the expenses when
the expenses are incurred. Unreimbursed medical expenses do not
include the cost of premiums. Unreimbursed medical expenses
include, but are not limited to, deductibles, co-payments, and
expenses for orthodontia, prescription eyeglasses and contact
lenses, and over-the-counter medicine.
new text end

new text begin Subd. 2. new text end

new text begin Order. new text end

new text begin (a) A completed national medical support
notice issued by the public authority or a court order that
complies with this section is a qualified medical child support
order under the federal Employee Retirement Income Security Act
of 1974 (ERISA), United States Code, title 29, section 1169(a).
new text end

new text begin (b) Every order addressing child support must state:
new text end

new text begin (1) the names, last known addresses, and Social Security
numbers of the parents and the child that is a subject of the
order unless the court prohibits the inclusion of an address or
Social Security number and orders the parents to provide the
address and Social Security number to the administrator of the
health plan;
new text end

new text begin (2) whether appropriate health care coverage for the child
is available and, if so, state:
new text end

new text begin (i) which party must carry health care coverage;
new text end

new text begin (ii) the cost of premiums and how the cost is allocated
between the parties;
new text end

new text begin (iii) how unreimbursed expenses will be allocated and
collected by the parties; and
new text end

new text begin (iv) the circumstances, if any, under which the obligation
to provide health care coverage for the child will shift from
one party to the other;
new text end

new text begin (3) if appropriate health care coverage is not available
for the child, whether a contribution for medical support is
required; and
new text end

new text begin (4) whether the amount ordered for medical support is
subject to a cost-of-living adjustment under section 518.641.
new text end

new text begin Subd. 3. new text end

new text begin Determining appropriate health care
coverage. new text end

new text begin (a) In determining whether a party has appropriate
health care coverage for the child, the court must evaluate the
health plan using the following factors:
new text end

new text begin (1) accessible coverage. Dependent health care coverage is
accessible if the covered child can obtain services from a
health plan provider with reasonable effort by the parent with
whom the child resides. Health care coverage is presumed
accessible if:
new text end

new text begin (i) primary care coverage is available within 30 minutes or
30 miles of the child's residence and specialty care coverage is
available within 60 minutes or 60 miles of the child's
residence;
new text end

new text begin (ii) the coverage is available through an employer and the
employee can be expected to remain employed for a reasonable
amount of time; and
new text end

new text begin (iii) no preexisting conditions exist to delay coverage
unduly;
new text end

new text begin (2) comprehensive coverage. Dependent health care coverage
is comprehensive if it includes, at a minimum, medical and
hospital coverage and provides for preventive, emergency, acute,
and chronic care. If both parties have health care coverage
that meets the minimum requirements, the court must determine
which health care coverage is more comprehensive by considering
whether the coverage includes:
new text end

new text begin (i) basic dental coverage;
new text end

new text begin (ii) orthodontia;
new text end

new text begin (iii) eyeglasses;
new text end

new text begin (iv) contact lenses;
new text end

new text begin (v) mental health services; or
new text end

new text begin (vi) substance abuse treatment;
new text end

new text begin (3) affordable coverage. Dependent health care coverage is
affordable if a party's gross income is 150 percent of the
federal poverty guidelines or more and the party's contribution
to the health care coverage premium does not exceed five percent
of the party's gross income. If a party's gross income is less
than 150 percent of the federal poverty guidelines, it is
presumed that the party is unable to contribute to the cost of
health care coverage unless health care is available at no or
low cost to that party; and
new text end

new text begin (4) the child's special medical needs, if any.
new text end

new text begin (b) If both parties have health care coverage available for
a child, and the court determines under paragraph (a), clauses
(1) and (2), that the available coverage is comparable with
regard to accessibility and comprehensiveness, the least costly
health care coverage is the appropriate health care coverage for
the child.
new text end

new text begin Subd. 4. new text end

new text begin Ordering health care coverage. new text end

new text begin (a) If a child
is presently enrolled in health care coverage, the court must
order that the parent who currently has the child enrolled
continue that enrollment unless the parties agree otherwise or a
party requests a change in coverage and the court determines
that other health care coverage is more appropriate.
new text end

new text begin (b) If a child is not presently enrolled in health care
coverage, upon motion of a party or the public authority, the
court must determine whether one or both parties have
appropriate health care coverage for the child and order the
party with appropriate health care coverage available to carry
the coverage for the child.
new text end

new text begin (c) If only one party has appropriate health care coverage
available, the court must order that party to carry the coverage
for the child.
new text end

new text begin (d) If both parties have appropriate health care coverage
available, the court must order the parent with whom the child
resides to carry the coverage for the child, unless:
new text end

new text begin (1) either party expresses a preference for coverage
available through the parent with whom the child does not
reside;
new text end

new text begin (2) the parent with whom the child does not reside is
already carrying dependent health care coverage for other
children and the cost of contributing to the premiums of the
other parent's coverage would cause the parent with whom the
child does not reside extreme hardship; or
new text end

new text begin (3) the parents agree to provide coverage and agree on the
allocation of costs.
new text end

new text begin (e) If the exception in paragraph (d), clause (1) or (2)
applies, the court must determine which party has the most
appropriate coverage available and order that party to carry
coverage for the child. If the court determines under
subdivision 3, paragraph (a), clauses (1) and (2), that the
parties' health care coverage for the child is comparable with
regard to accessibility and comprehensiveness, the court must
order the party with the least costly health care coverage to
carry coverage for the child.
new text end

new text begin (f) If neither party has appropriate health care coverage
available, the court must order the parent with whom the child
does not reside to contribute toward the cost of public coverage
for the child or the child's uninsured medical expenses in an
amount equal to the lesser of:
new text end

new text begin (1) five percent of gross income; or
new text end

new text begin (2) the monthly amount the parent with whom the child does
not reside would pay for the child's premiums if the parent's
income meets the eligibility requirements for public coverage.
For purposes of determining the premium amount, a parent's
household size is equal to the parent plus the child who is the
subject of the child support order. The court may order the
parent with whom the child resides to apply for public coverage
for the child.
new text end

new text begin (g) The commissioner of human services must publish a table
with the premium schedule for public coverage and update the
chart for changes to the schedule by July 1 of each year.
new text end

new text begin Subd. 5. new text end

new text begin Medical support costs; unreimbursed and
uninsured medical expenses. new text end

new text begin (a) Unless otherwise agreed to by
the parties and approved by the court, the court must order that
the cost of health care coverage and all unreimbursed and
uninsured medical expenses be divided between the obligor and
obligee based on their proportionate share of the parties'
combined monthly income, as determined under section 518.551,
subdivision 5g.
new text end

new text begin (b) If a party owes a child support obligation for a child
and is ordered to carry health care coverage for the child, and
the other party is ordered to contribute to the carrying party's
cost for coverage, the carrying party's child support payment
must be reduced by the amount of the contributing party's
contribution.
new text end

new text begin (c) If a party owes a child support obligation for a child
and is ordered to contribute to the other party's cost for
carrying health care coverage for the child, the contributing
party's child support payment must be increased by the amount of
the contribution.
new text end

new text begin (d) If a party's obligation for health care coverage
premiums is greater than five percent of the party's gross
income, the court may order the other party to contribute more
for the cost of the premiums, if doing so would not result in
extreme hardship to that party. If an additional contribution
causes a party extreme hardship, the court must order the
obligor to contribute the lesser of the two amounts under
subdivision 4, paragraph (f).
new text end

new text begin (e) If the party ordered to carry health care coverage for
the child already carries dependent health care coverage for
other dependents and would incur no additional premium costs to
add the child to the existing coverage, the court must not order
the other party to contribute to the premium costs for coverage
of the child.
new text end

new text begin (f) If a party ordered to carry health care coverage for
the child does not already carry dependent health care coverage
but has other dependents who may be added to the ordered
coverage, the full premium costs of the dependent health care
coverage must be allocated between the parties in proportion to
the party's share of the parties' combined income, unless the
parties agree otherwise.
new text end

new text begin (g) If a party ordered to carry health care coverage for
the child is required to enroll in a health plan so that the
child can be enrolled in dependent health care coverage under
the plan, the court must allocate the costs of the dependent
health care coverage between the parties. The costs of the
health care coverage for the party ordered to carry the coverage
for the child must not be allocated between the parties.
new text end

new text begin Subd. 6. new text end [NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER,
UNION, OR HEALTH CARRIER.] new text begin (a) The public authority must forward
a copy of the national medical support notice or court order for
health care coverage to the party's employer within two business
days after the date the party is entered into the work reporting
system under section 256.998.
new text end

new text begin (b) The public authority or a party seeking to enforce an
order for health care coverage must forward a copy of the
national medical support notice or court order to the obligor's
employer or union, or to the health carrier under the following
circumstances:
new text end

new text begin (1) the party ordered to carry health care coverage for the
child fails to provide written proof to the other party or the
public authority, within 30 days of the effective date of the
court order, that the party has applied for health care coverage
for the child;
new text end

new text begin (2) the party seeking to enforce the order or the public
authority gives written notice to the party ordered to carry
health care coverage for the child of its intent to enforce
medical support. The party seeking to enforce the order or
public authority must mail the written notice to the last known
address of the party ordered to carry health care coverage for
the child; and
new text end

new text begin (3) the party ordered to carry health care coverage for the
child fails, within 15 days after the date on which the written
notice under clause (2) was mailed, to provide written proof to
the other party or the public authority that the party has
applied for health care coverage for the child.
new text end

new text begin (c) The public authority is not required to forward a copy
of the national medical support notice or court order to the
obligor's employer or union, or to the health carrier, if the
court orders health care coverage for the child that is not
employer-based or union-based coverage.
new text end

new text begin Subd. 7. new text end

new text begin Employer or union requirements. new text end

new text begin (a) An employer
or union must forward the national medical support notice or
court order to its health plan within 20 business days after the
date on the national medical support notice or after receipt of
the court order.
new text end

new text begin (b) Upon determination by an employer's or union's health
plan administrator that a child is eligible to be covered under
the health plan, the employer or union and health plan must
enroll the child as a beneficiary in the health plan, and the
employer must withhold any required premiums from the income or
wages of the party ordered to carry health care coverage for the
child.
new text end

new text begin (c) If enrollment of the party ordered to carry health care
coverage for a child is necessary to obtain dependent health
care coverage under the plan, and the party is not enrolled in
the health plan, the employer or union must enroll the party in
the plan.
new text end

new text begin (d) Enrollment of dependents and, if necessary, the party
ordered to carry health care coverage for the child must be
immediate and not dependent upon open enrollment periods.
Enrollment is not subject to the underwriting policies under
section 62A.048.
new text end

new text begin (e) Failure of the party ordered to carry health care
coverage for the child to execute any documents necessary to
enroll the dependent in the health plan does not affect the
obligation of the employer or union and health plan to enroll
the dependent in a plan. Information and authorization provided
by the public authority, or by a party or guardian, is valid for
the purposes of meeting enrollment requirements of the health
plan.
new text end

new text begin (f) An employer or union that is included under the federal
Employee Retirement Income Security Act of 1974 (ERISA), United
States Code, title 29, section 1169(a), may not deny enrollment
to the child or to the parent if necessary to enroll the child
based on exclusionary clauses described in section 62A.048.
new text end

new text begin (g) A new employer or union of a party who is ordered to
provide health care coverage for a child must enroll the child
in the party's health plan as required by a national medical
support notice or court order.
new text end

new text begin Subd. 8. new text end

new text begin Health plan requirements. new text end

new text begin (a) If a health plan
administrator receives a completed national medical support
notice or court order, the plan administrator must notify the
parties, and the public authority if the public authority
provides support enforcement services, within 40 business days
after the date of the notice or after receipt of the court
order, of the following:
new text end

new text begin (1) whether coverage is available to the child under the
terms of the health plan and, if not, the reason why coverage is
not available;
new text end

new text begin (2) whether the child is covered under the health plan;
new text end

new text begin (3) the effective date of the child's coverage under the
health plan; and
new text end

new text begin (4) what steps, if any, are required to effectuate the
child's coverage under the health plan.
new text end

new text begin (b) If the employer or union offers more than one plan and
the national medical support notice or court order does not
specify the plan to be carried, the plan administrator must
notify the parents and the public authority if the public
authority provides support enforcement services. When there is
more than one option available under the plan, the public
authority, in consultation with the parent with whom the child
resides, must promptly select from available plan options.
new text end

new text begin (c) The plan administrator must provide the parents and
public authority, if the public authority provides support
enforcement services, with a notice of the child's enrollment,
description of the coverage, and any documents necessary to
effectuate coverage.
new text end

new text begin (d) The health plan must send copies of all correspondence
regarding the health care coverage to the parents.
new text end

new text begin (e) An insured child's parent's signature is a valid
authorization to a health plan for purposes of processing an
insurance reimbursement payment to the medical services provider
or to the parent, if medical services have been prepaid by that
parent.
new text end

new text begin Subd. 9. new text end

new text begin Employer or union liability. new text end

new text begin (a) An employer or
union that willfully fails to comply with the order or notice is
liable for any uninsured medical expenses incurred by the
dependents while the dependents were eligible to be enrolled in
the health plan and for any other premium costs incurred because
the employer or union willfully failed to comply with the order
or notice.
new text end

new text begin (b) An employer or union that fails to comply with the
order or notice is subject to a contempt finding, a $250 civil
penalty under section 518.6111, subdivision 5b, and a civil
penalty of $500 to be paid to the party entitled to
reimbursement or the public authority. Penalties paid to the
public authority are designated for child support enforcement
services.
new text end

new text begin Subd. 10. new text end

new text begin Contesting enrollment. new text end

new text begin (a) A party may contest
a child's enrollment in a health plan on the limited grounds
that the enrollment is improper due to mistake of fact or that
the enrollment meets the requirements of section 518.64.
new text end

new text begin (b) If the party chooses to contest the enrollment, the
party must do so no later than 15 days after the employer
notifies the party of the enrollment by doing the following:
new text end

new text begin (1) filing a motion in district court or according to
section 484.702 and the expedited child support process rules if
the public authority provides support enforcement services;
new text end

new text begin (2) serving the motion on the other party and public
authority if the public authority provides support enforcement
services; and
new text end

new text begin (3) securing a date for the matter to be heard no later
than 45 days after the notice of enrollment.
new text end

new text begin (c) The enrollment must remain in place while the party
contests the enrollment.
new text end

new text begin Subd. 11. new text end

new text begin Disenrollment; continuation of coverage;
coverage options. new text end

new text begin (a) Unless a court order provides otherwise,
a child for whom a party is required to provide health care
coverage under this section must be covered as a dependent of
the party until the child is emancipated, until further order of
the court, or as consistent with the terms of the coverage.
new text end

new text begin (b) The health carrier, employer, or union may not
disenroll or eliminate coverage for the child unless:
new text end

new text begin (1) the health carrier, employer, or union is provided
satisfactory written evidence that the court order is no longer
in effect;
new text end

new text begin (2) the child is or will be enrolled in comparable health
care coverage through another health plan that will take effect
no later than the effective date of the disenrollment;
new text end

new text begin (3) the employee is no longer eligible for dependent
coverage; or
new text end

new text begin (4) the required premium has not been paid by or on behalf
of the child.
new text end

new text begin (c) The health plan must provide 30 days' written notice to
the child's parents, and the public authority if the public
authority provides support enforcement services, before the
health plan disenrolls or eliminates the child's coverage.
new text end

new text begin (d) A child enrolled in health care coverage under a
qualified medical child support order, including a national
medical support notice, under this section is a dependent and a
qualified beneficiary under the Consolidated Omnibus Budget and
Reconciliation Act of 1985 (COBRA), Public Law 99-272. Upon
expiration of the order, the child is entitled to the
opportunity to elect continued coverage that is available under
the health plan. The employer or union must provide notice to
the parties and the public authority, if it provides support
services, within ten days of the termination date.
new text end

new text begin (e) If the public authority provides support enforcement
services and a plan administrator reports to the public
authority that there is more than one coverage option available
under the health plan, the public authority, in consultation
with the parent with whom the child resides, must promptly
select coverage from the available options.
new text end

new text begin Subd. 12. new text end

new text begin Spousal or former spousal coverage. new text end

new text begin The court
must require the parent with whom the child does not reside to
provide dependent health care coverage for the benefit of the
parent with whom the child resides if the parent is ordered to
provide dependent health care coverage for the parties' child
and adding the other parent to the coverage results in no
additional premium cost.
new text end

new text begin Subd. 13. new text end

new text begin Disclosure of information. new text end

new text begin (a) If the public
authority provides support enforcement services, the parties
must provide the public authority with the following information:
new text end

new text begin (1) information relating to dependent health care coverage
or public coverage available for the benefit of the child for
whom support is sought, including all information required to be
included in a medical support order under this section;
new text end

new text begin (2) verification that application for court-ordered health
care coverage was made within 30 days of the court's order; and
new text end

new text begin (3) the reason that a child is not enrolled in
court-ordered health care coverage, if a child is not enrolled
in coverage or subsequently loses coverage.
new text end

new text begin (b) Upon request from the public authority under section
256.978, an employer, union, or plan administrator, including an
employer subject to the federal Employee Retirement Income
Security Act of 1974 (ERISA), United States Code, title 29,
section 1169(a), must provide the public authority the following
information:
new text end

new text begin (1) information relating to dependent health care coverage
available to a party for the benefit of the child for whom
support is sought, including all information required to be
included in a medical support order under this section; and
new text end

new text begin (2) information that will enable the public authority to
determine whether a health plan is appropriate for a child,
including, but not limited to, all available plan options, any
geographic service restrictions, and the location of service
providers.
new text end

new text begin (c) The employer, union, or plan administrator must not
release information regarding one party to the other party. The
employer, union, or plan administrator must provide both parties
with insurance identification cards and all necessary written
information to enable the parties to utilize the insurance
benefits for the covered dependent.
new text end

new text begin (d) The public authority is authorized to release to a
party's employer, union, or health plan information necessary to
verify availability of dependent health care coverage, or to
establish, modify, or enforce medical support.
new text end

new text begin (e) An employee must disclose to an employer if medical
support is required to be withheld under this section and the
employer must begin withholding according to the terms of the
order and under section 518.6111. If an employee discloses an
obligation to obtain health care coverage and coverage is
available through the employer, the employer must make all
application processes known to the individual and enroll the
employee and dependent in the plan.
new text end

new text begin Subd. 14. new text end

new text begin Child support enforcement services. new text end

new text begin The public
authority must take necessary steps to establish and enforce an
order for medical support if the child receives public
assistance or a party completes an application for services from
the public authority under section 518.551, subdivision 7,
paragraph (e).
new text end

new text begin Subd. 15. new text end

new text begin Enforcement. new text end

new text begin (a) Remedies available for
collecting and enforcing child support apply to medical support.
new text end

new text begin (b) For the purpose of enforcement, the following are
additional support:
new text end

new text begin (1) the costs of individual or group health or
hospitalization coverage;
new text end

new text begin (2) dental coverage;
new text end

new text begin (3) medical costs ordered by the court to be paid by either
party, including health and dental insurance premiums paid by
the obligee because of the obligor's failure to obtain coverage
as ordered; and
new text end

new text begin (4) liabilities established under this subdivision.
new text end

new text begin (c) A party who fails to carry court-ordered dependent
health care coverage is liable for the child's uninsured medical
expenses unless a court order provides otherwise. A party's
failure to carry court-ordered coverage, or to provide other
medical support as ordered, is a basis for modification of a
support order under section 518.64.
new text end

new text begin (d) Payments by the health carrier or employer for services
rendered to the dependents that are directed to a party not owed
reimbursement must be endorsed over to and forwarded to the
vendor or appropriate party or the public authority. A party
retaining insurance reimbursement not owed to the party is
liable for the amount of the reimbursement.
new text end

new text begin Subd. 16. new text end

new text begin Income withholding; offset. new text end

new text begin (a) If a party
owes no child support obligation for a child and is an obligor
ordered to contribute to the other party's cost for carrying
health care coverage for the child, the obligor is subject to an
offset under subdivision 5 or income withholding under section
518.6111.
new text end

new text begin (b) If a party's court-ordered health care coverage for the
child terminates and the child is not enrolled in other health
care coverage or public coverage, and a modification motion is
not pending, the public authority may remove the offset to a
party's child support obligation or terminate income withholding
instituted against a party under section 518.6111. The public
authority must provide notice to the parties of the action.
new text end

new text begin (c) A party may contest the public authority's action to
remove the offset to the child support obligation or terminate
income withholding if the party makes a written request for a
hearing within 30 days after receiving written notice. If a
party makes a timely request for a hearing, the public authority
must schedule a hearing and send written notice of the hearing
to the parties by mail to the parties' last known addresses at
least 14 days before the hearing. The hearing must be conducted
in district court or in the expedited child support process if
section 484.702 applies. The district court or child support
magistrate must determine whether removing the offset or
terminating income withholding is appropriate and, if
appropriate, the effective date for the removal or termination.
new text end

new text begin (d) If the party does not request a hearing, the district
court or child support magistrate must order the offset or
income withholding termination effective the first day of the
month following termination of the child's health care coverage.
new text end

new text begin Subd. 17. new text end

new text begin Collecting unreimbursed and uninsured medical
expenses. new text end

new text begin (a) A party must initiate a request for reimbursement
of unreimbursed and uninsured medical expenses within two years
of the date that the party incurred the unreimbursed or
uninsured medical expenses. The time period in this paragraph
does not apply if the location of the other party is unknown.
new text end

new text begin (b) A party seeking reimbursement of unreimbursed and
uninsured medical expenses must mail a written notice of intent
to collect the expenses and a copy of an affidavit of health
care expenses to the other party at the other party's last known
address.
new text end

new text begin (c) The written notice must include a statement that the
party has 30 days from the date the notice was mailed to:
new text end

new text begin (1) pay in full;
new text end

new text begin (2) enter a payment agreement; or
new text end

new text begin (3) file a motion requesting a hearing contesting the
matter.
new text end

new text begin If the public authority provides support enforcement
services, the written notice also must include a statement that
the requesting party must submit the amount due to the public
authority for collection.
new text end

new text begin (d) The affidavit of health care expenses must itemize and
document the child's unreimbursed or uninsured medical expenses
and include copies of all bills, receipts, and insurance company
explanations of benefits.
new text end

new text begin (e) If the public authority provides support enforcement
services, the party seeking reimbursement must send to the
public authority a copy of the written notice, the original
affidavit, and copies of all bills, receipts, and insurance
company explanations of benefits.
new text end

new text begin (f) If the party does not respond to the request for
reimbursement within 30 days, the party seeking reimbursement or
public authority, if the public authority provides support
enforcement services, must commence an enforcement action
against the party under subdivision 18.
new text end

new text begin (g) The public authority must serve the other party with a
notice of intent to enforce unreimbursed and uninsured medical
expenses and file an affidavit of service by mail with the
district court administrator. The notice must state that,
unless the party (1) pays in full; (2) enters into a payment
agreement; or (3) files a motion contesting the matter within 14
days of service of the notice, the public authority will
commence enforcement of the expenses as medical support arrears
under subdivision 18.
new text end

new text begin (h) If the party files a timely motion for a hearing
contesting the requested reimbursement, the contesting party
must schedule a hearing in district court or in the expedited
child support process if section 484.702 applies. The
contesting party must provide the party seeking reimbursement
and the public authority, if the public authority provides
support enforcement services, with written notice of the hearing
at least 14 days before the hearing by mailing notice of the
hearing to the public authority and the party at the party's
last known address. The party seeking reimbursement must file
the original affidavit of health care expenses with the court at
least five days before the hearing. Based upon the evidence
presented, the district court or child support magistrate must
determine liability for the expenses and order that the liable
party is subject to enforcement of the expenses as medical
support arrears under subdivision 18.
new text end

new text begin Subd. 18. new text end

new text begin Enforcing order for medical support
arrears. new text end

new text begin (a) If a party liable for unreimbursed and uninsured
medical expenses owes a child support obligation to the party
seeking reimbursement of the expenses, the expenses must be
collected as medical support arrears.
new text end

new text begin (b) If a party liable for unreimbursed and uninsured
medical expenses does not owe a child support obligation to the
party seeking reimbursement, and the party seeking reimbursement
owes the liable party basic support arrears, the liable party's
medical support arrears must be deducted from the amount of the
basic support arrears.
new text end

new text begin (c) If a liable party owes medical support arrears after
deducting the amount owed from the amount of the child support
arrears owed by the party seeking reimbursement, it must be
collected as follows:
new text end

new text begin (1) if the party seeking reimbursement owes a child support
obligation to the liable party, the child support obligation
must be reduced by 20 percent until the medical support arrears
are satisfied;
new text end

new text begin (2) if the party seeking reimbursement does not owe a child
support obligation to the liable party, the liable party's
income must be subject to income withholding under section
518.6111 for an amount required under section 518.553 until the
medical support arrears are satisfied; or
new text end

new text begin (3) if the party seeking reimbursement does not owe a child
support obligation, and income withholding under section
518.6111 is not available, payment of the medical support
arrears must be required under a payment agreement under section
518.553.
new text end

new text begin (d) If a liable party fails to enter into or comply with a
payment agreement, the party seeking reimbursement or the public
authority, if it provides support enforcement services, may
schedule a hearing to have a court order payment. The party
seeking reimbursement or the public authority must provide the
liable party with written notice of the hearing at least 14 days
before the hearing.
new text end

Sec. 62.

Minnesota Statutes 2004, section 518.552, is
amended to read:

518.552 MAINTENANCE.

Subdivision 1.

Jurisdiction; grounds.

In a proceeding
for dissolution of marriage or legal separation, or in a
proceeding for maintenance following dissolution of the marriage
by a court which lacked personal jurisdiction over the absent
spouse and which has since acquired jurisdiction, the court may
grant a maintenance order for either spouse if it finds that the
spouse seeking maintenance:

deleted text begin (a) deleted text end new text begin (1) new text end lacks sufficient property, including marital
property apportioned to the spouse, to provide for reasonable
needs of the spouse considering the standard of living
established during the marriage, especially, but not limited to,
a period of training or education deleted text begin , deleted text end new text begin ; new text end or

deleted text begin (b) deleted text end new text begin (2) new text end is unable to provide adequate self-support, after
considering the standard of living established during the
marriage and all relevant circumstances, through appropriate
employment deleted text begin , deleted text end new text begin ; new text end or deleted text begin is the custodian of
deleted text end

new text begin (3) if new text end a child deleted text begin whose deleted text end new text begin resides with the spouse and the
child's new text end condition or circumstances make it appropriate that
the deleted text begin custodian deleted text end new text begin spouse new text end not be required to seek employment outside
the home.

Subd. 2.

Amount; duration.

The maintenance order deleted text begin shall
deleted text end new text begin must new text end be in amounts and for periods deleted text begin of time deleted text end , either temporary or
permanent, deleted text begin as deleted text end new text begin that new text end the court deems just, without regard to
marital misconduct deleted text begin , deleted text end and after considering all relevant factors
including:

deleted text begin (a) deleted text end new text begin (1) new text end the financial resources of the party seeking
maintenance, including marital property apportioned to the
party, and the party's ability to meet needs independently,
including the extent to which a provision for support of a child
living with the party includes a sum for that party as deleted text begin custodian
deleted text end new text begin caretaker new text end ;

deleted text begin (b) deleted text end new text begin (2) new text end the time necessary to acquire sufficient education
or training to enable the party seeking maintenance to find
appropriate employment, and the probability, given the party's
age and skills, of completing education or training and becoming
fully or partially self-supporting;

deleted text begin (c) deleted text end new text begin (3) new text end the standard of living established during the
marriage;

deleted text begin (d) deleted text end new text begin (4) new text end the duration of the marriage and, in the case of a
homemaker, the length of absence from employment and the extent
to which any education, skills, or experience have become
outmoded and earning capacity has become permanently diminished;

deleted text begin (e) deleted text end new text begin (5) new text end the loss of earnings, seniority, retirement
benefits, and other employment opportunities forgone by the
spouse seeking deleted text begin spousal deleted text end maintenance;

deleted text begin (f) deleted text end new text begin (6) new text end the age deleted text begin , deleted text end and the physical and emotional condition
of the spouse seeking maintenance;

deleted text begin (g) deleted text end new text begin (7) new text end the ability of the spouse from whom maintenance is
sought to meet needs while meeting those of the spouse seeking
maintenance; and

deleted text begin (h) deleted text end new text begin (8) new text end the contribution of each party in the acquisition,
preservation, depreciation, or appreciation in the amount or
value of the marital property, as well as the contribution of a
spouse as a homemaker or in furtherance of the other party's
employment or business.

Subd. 3.

Permanency of award.

deleted text begin Nothing in deleted text end This section
deleted text begin shall deleted text end new text begin must not new text end be construed to favor a temporary award of
maintenance over a permanent award deleted text begin , where deleted text end new text begin if new text end the factors under
subdivision 2 justify a permanent award.

deleted text begin Where deleted text end new text begin If new text end there is some uncertainty as to the necessity of a
permanent award, the court deleted text begin shall deleted text end new text begin must new text end order a permanent award
leaving its order open for later modification.

Subd. 4.

Reopening maintenance awards.

Section 518.145,
subdivision 2, applies to new text begin maintenance new text end awards deleted text begin of spousal
maintenance deleted text end .

Subd. 5.

Private agreements.

The parties may expressly
preclude or limit modification of maintenance through a
stipulation deleted text begin , deleted text end if the court makes specific findings that the
stipulation is fair deleted text begin and deleted text end new text begin , new text end equitable, deleted text begin is deleted text end new text begin and new text end supported by
consideration described in the findings deleted text begin , deleted text end and that full
disclosure of each party's financial circumstances has
occurred. The stipulation must be made a part of the judgment
and decree.

Sec. 63.

Minnesota Statutes 2004, section 518.553, is
amended to read:

518.553 PAYMENT AGREEMENTS.

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin An obligor who has
child support arrears may enter into a payment agreement that
addresses payment of both current and overdue support. Payment
agreements must:
new text end

new text begin (1) be in writing;
new text end

new text begin (2) address both current support and arrears; and
new text end

new text begin (3) be approved by the district court, a child support
magistrate, or the public authority.
new text end

new text begin Subd. 2. new text end

new text begin Considerations. new text end

In proposing or approving
proposed written payment agreements for purposes of section
518.551, the new text begin district new text end court, a child support magistrate, or the
public authority deleted text begin shall deleted text end new text begin must new text end take into consideration the amount
of the deleted text begin arrearages deleted text end new text begin arrears new text end , the amount of the current support
order, any pending request for modification, and the earnings of
the obligor. The new text begin district new text end court, child support magistrate, or
public authority deleted text begin shall deleted text end new text begin must new text end consider the individual financial
circumstances of each obligor in evaluating the obligor's
ability to pay deleted text begin any deleted text end new text begin a new text end proposed payment agreement and deleted text begin shall deleted text end new text begin must
new text end propose a reasonable payment agreement tailored to the
individual financial circumstances of each obligor.
The new text begin district new text end court, child support magistrate, or public
authority also deleted text begin shall deleted text end new text begin must new text end consider a graduated payment plan
tailored to the individual financial circumstances of each
obligor.

Sec. 64.

new text begin [518.554] OCCUPATIONAL LICENSE SUSPENSION.
new text end

new text begin Subdivision 1. new text end

new text begin Factors warranting suspension. new text end

new text begin An
obligor's occupational license must be suspended if the court
finds that the obligor is or may be licensed by a licensing
board listed in section 214.01 or other state, county, or
municipal agency or board that issues an occupation license and
if:
new text end

new text begin (1) the obligor has arrears amounting to at least three
times the obligor's total monthly support obligation and the
obligor is not in compliance with a payment agreement under
section 518.553; or
new text end

new text begin (2) the obligor has failed, after receiving notice, to
comply with a subpoena relating to a paternity or child support
proceeding.
new text end

new text begin Subd. 2. new text end

new text begin Suspension initiated by obligee. new text end

new text begin (a) An obligee
may bring a motion to suspend an obligor's occupational
license. The obligee must properly serve the motion on the
obligor pursuant to court rules and file the motion with the
court.
new text end

new text begin (b) At the hearing, if the court finds that a factor under
subdivision 1 exists, the court must:
new text end

new text begin (1) order the licensing board or agency to suspend the
obligor's occupational license under section 214.101; and
new text end

new text begin (2) stay the order for 90 days to allow the obligor the
opportunity to enter into a payment agreement under section
518.553.
new text end

new text begin (c) If after 90 days the obligor has not entered into or is
not in compliance with a payment agreement under section
518.553, the court order becomes effective and the licensing
board or agency must suspend the obligor's occupational license.
new text end

new text begin (d) If the obligor is a licensed attorney, the court must
comply with the procedure under subdivision 4 for notifying the
lawyers professional responsibility board.
new text end

new text begin Subd. 3. new text end

new text begin Suspension initiated by public authority. new text end

new text begin (a)
If the public authority determines that a factor in subdivision
1 exists, the public authority must initiate the suspension of
the obligor's occupational license.
new text end

new text begin (b) The public authority must mail a written notice to the
obligor at the obligor's last known address indicating that:
new text end

new text begin (1) the public authority intends to seek suspension of the
obligor's occupational license; and
new text end

new text begin (2) the obligor must make a written request for a hearing
to contest the occupational license suspension within 30 days of
the date of the notice.
new text end

new text begin (c) If the obligor requests a hearing within 30 days of the
date of the notice, a court hearing must be held. At least 14
days before the hearing, the public authority must serve notice
on the obligor personally or by mail at the obligor's last known
address of the following:
new text end

new text begin (1) the hearing time and place;
new text end

new text begin (2) the allegations against the obligor; and
new text end

new text begin (3) a statement informing the obligor of the requirement to
enter into a payment agreement under section 518.553 to avoid
license suspension.
new text end

new text begin (d) If a hearing is held and the court finds a factor
warranting suspension under subdivision 1 exists, the court must
order the occupational licensing board or agency to suspend the
obligor's occupational license.
new text end

new text begin (e) If the obligor does not request a hearing within 30
days of the date of the notice and has not executed a written
payment agreement under section 518.553 that is approved by the
public authority within 90 days of the date of the notice, the
public authority must direct the occupational licensing board or
agency to suspend the obligor's occupational license.
new text end

new text begin (f) If the obligor is a licensed attorney, the court or
public authority must comply with the procedure under
subdivision 4 for notifying the Lawyers Professional
Responsibility Board.
new text end

new text begin Subd. 4. new text end

new text begin Obligor is licensed attorney. new text end

new text begin If an obligor is
a licensed attorney and the court finds that a factor warranting
suspension under subdivision 1 exists, the court or public
authority must notify the Lawyers Professional Responsibility
Board for appropriate action in accordance with the rules of
professional conduct or order the licensing board or agency to
suspend the obligor's license if the court finds that the
obligor:
new text end

new text begin (1) is licensed by a licensing board or other state agency
that issues an occupational license;
new text end

new text begin (2) has not made full payment of arrears found to be due by
the public authority; and
new text end

new text begin (3) has not executed or is not in compliance with a payment
agreement.
new text end

new text begin Subd. 5. new text end

new text begin Suspension for failure to comply with
subpoena. new text end

new text begin (a) A court, child support magistrate, or the public
authority may direct the occupational licensing board or agency
to suspend an obligor's occupational license if the obligor has
failed, after receiving notice, to comply with a subpoena
relating to a paternity or child support proceeding.
new text end

new text begin (b) The notice to an obligor of intent to suspend an
occupational license must be served by first class mail at the
obligor's last known address. The notice must inform the
obligor of the right to make a written request for a hearing.
new text end

new text begin (c) If the obligor makes a written request within ten days
of the date of the notice, a hearing must be held. At the
hearing, the only issues to be considered are mistake of fact
and whether the obligor received the subpoena.
new text end

new text begin Subd. 6. new text end

new text begin Failure to remain in compliance with approved
payment agreement. new text end

new text begin The license of an obligor who fails to
remain in compliance with a payment agreement under section
518.553 may be suspended. A party must serve notice upon the
obligor of an intent to suspend under this subdivision. A party
must serve the notice by first class mail at the obligor's last
known address not less than ten days before the date of the
hearing. The notice must include a notice of hearing. If the
obligor appears at the hearing and the judge determines that the
obligor has failed to comply with a payment agreement under
section 518.553, the judge must notify the licensing board or
agency to suspend the obligor's license. If the obligor fails
to appear at the hearing, the public authority may notify the
licensing board or agency to suspend the obligor's license.
new text end

new text begin Subd. 7. new text end

new text begin Reinstatement. new text end

new text begin An obligor whose occupational
license is suspended may provide proof to the public authority
that the obligor is in compliance with all payment agreements
under section 518.553. Within 15 days of the receipt of that
proof, the public authority must inform the licensing board or
agency or the Lawyer's Professional Responsibility Board that
the obligor is no longer ineligible for license issuance,
reinstatement, or renewal under this section.
new text end

new text begin Subd. 8. new text end

new text begin Remedies available. new text end

new text begin The remedy under this
section is in addition to any other enforcement remedy available
to the court or public authority.
new text end

Sec. 65.

new text begin [518.555] DRIVER'S LICENSE SUSPENSION.
new text end

new text begin Subdivision 1. new text end

new text begin Factors warranting suspension. new text end

new text begin An
obligor's driver's license must be suspended if the court finds
that the obligor has been or may be issued a driver's license by
the commissioner of public safety and if:
new text end

new text begin (1) the obligor has arrears amounting to at least three
times the obligor's total monthly support obligation and the
obligor is not in compliance with a payment agreement under
section 518.553; or
new text end

new text begin (2) the obligor has failed, after receiving notice, to
comply with a subpoena relating to a paternity or child support
proceeding.
new text end

new text begin Subd. 2. new text end

new text begin Suspension initiated by obligee. new text end

new text begin (a) An obligee
may bring a motion to suspend an obligor's driver's license.
The obligee must properly serve the motion on the obligor
pursuant to court rules and file the motion with the court. An
obligee may not bring a motion under this subdivision within 12
months of a denial of a previous motion under this subdivision.
new text end

new text begin (b) At the hearing, if the court finds that a factor under
subdivision 1 exists, the court must:
new text end

new text begin (1) order the commissioner of public safety to suspend the
obligor's driver's license; and
new text end

new text begin (2) stay the order for 90 days to allow the obligor the
opportunity to enter into a payment agreement under section
518.553.
new text end

new text begin (c) If after 90 days the obligor has not entered into or is
not in compliance with a payment agreement under section
518.553, the court's order becomes effective and the
commissioner of public safety must suspend the obligor's
driver's license.
new text end

new text begin Subd. 3. new text end

new text begin Suspension initiated by public authority. new text end

new text begin (a)
If the public authority determines that a factor in subdivision
1 exists, the public authority must initiate the suspension of
the obligor's driver's license.
new text end

new text begin (b) The public authority must mail a written notice to the
obligor at the obligor's last known address indicating that:
new text end

new text begin (1) the public authority intends to seek suspension of the
obligor's driver's license; and
new text end

new text begin (2) the obligor must make a written request for a hearing
to contest the driver's license suspension within 30 days of the
date of the notice.
new text end

new text begin (c) If the obligor requests a hearing within 30 days of the
date of the notice, a court hearing must be held. At least 14
days before the hearing, the public authority must serve notice
on the obligor personally or by mail at the obligor's last known
address of the following:
new text end

new text begin (1) the hearing time and place;
new text end

new text begin (2) the allegations against the obligor; and
new text end

new text begin (3) a statement informing the obligor of the requirement to
enter into a payment agreement under section 518.553 to avoid
license suspension.
new text end

new text begin (d) If a hearing is held and the court finds a factor under
subdivision 1 exists, the court must order the commissioner of
public safety to suspend the obligor's driver's license.
new text end

new text begin (e) If the obligor does not request a hearing within 30
days of the date of the notice and has not executed a written
payment agreement under section 518.553 that is approved by the
public authority within 90 days of the date of the notice, the
public authority must direct the commissioner of public safety
to suspend the obligor's driver's license.
new text end

new text begin Subd. 4. new text end

new text begin Suspension for failure to comply with
subpoena. new text end

new text begin (a) A court, child support magistrate, or the public
authority may direct the commissioner of public safety to
suspend an obligor's driver's license if the obligor has failed,
after receiving notice, to comply with a subpoena relating to a
paternity or child support proceeding.
new text end

new text begin (b) The notice to an obligor of intent to suspend a
driver's license must be served by first class mail at the
obligor's last known address. The notice must inform the
obligor of the right to make a written request for a hearing.
new text end

new text begin (c) If the obligor makes a written request within ten days
of the date of the notice, a hearing must be held. At the
hearing, the only issues to be considered are mistake of fact
and whether the obligor received the subpoena.
new text end

new text begin Subd. 5. new text end

new text begin Suspension for failure to remain in compliance
with payment agreement. new text end

new text begin The license of an obligor who fails to
remain in compliance with a payment agreement under section
518.553 may be suspended. A party or the public authority must
serve notice upon the obligor of intent to suspend under this
subdivision. The party or public authority must serve the
notice upon the obligor by first class mail at the obligor's
last known address not less than ten days before the hearing
date. The notice must include a notice of hearing. If the
obligor appears at the hearing and the judge determines that the
obligor has failed to comply with a payment agreement under
section 518.553, the judge must notify the Department of Public
Safety to suspend the obligor's license. If the obligor fails
to appear at the hearing, the public authority may notify the
Department of Public Safety to suspend the obligor's license.
new text end

new text begin Subd. 6. new text end

new text begin Reinstatement. new text end

new text begin (a) An obligor whose driver's
license or operating privileges are suspended may:
new text end

new text begin (1) provide proof to the public authority that the obligor
is in compliance with all payment agreements under section
518.553;
new text end

new text begin (2) bring a motion for reinstatement of the driver's
license. At the hearing, the district court or child support
magistrate must establish a payment agreement under section
518.553 if the district court or child support magistrate orders
reinstatement of the driver's license; or
new text end

new text begin (3) seek a limited license under section 171.30. A limited
license issued to an obligor under section 171.30 expires 90
days after the date it is issued.
new text end

new text begin (b) Within 15 days of the receipt of the proof under
paragraph (a), clause (1), or a court order, the public
authority must inform the commissioner of public safety that the
obligor's driver's license or operating privileges should no
longer be suspended.
new text end

new text begin Subd. 7. new text end

new text begin Remedies available. new text end

new text begin The remedy under this
section is in addition to any other enforcement remedy available
to the court or public authority.
new text end

new text begin Subd. 8. new text end

new text begin Report to legislature. new text end

new text begin On January 15, 2007, and
every two years after that, the commissioner of human services
must submit a report to the legislature that identifies the
following information relevant to the implementation of this
section:
new text end

new text begin (1) the number of child support obligors notified of an
intent to suspend a driver's license;
new text end

new text begin (2) the amount collected in payments from the child support
obligors notified of an intent to suspend a driver's license;
new text end

new text begin (3) the number of cases paid in full and payment agreements
executed in response to notification of an intent to suspend a
driver's license;
new text end

new text begin (4) the number of cases in which there has been
notification and no payments or payment agreements;
new text end

new text begin (5) the number of driver's licenses suspended;
new text end

new text begin (6) the cost of implementation and operation of the
requirements of this section; and
new text end

new text begin (7) the number of limited licenses issued and number of
cases in which payment agreements are executed and cases are
paid in full following issuance of a limited license.
new text end

Sec. 66.

new text begin [518.556] MOTOR VEHICLE LIEN.
new text end

new text begin Subdivision 1. new text end

new text begin Factors warranting lien. new text end

new text begin A lien in the
name of the obligee or the state of Minnesota, as appropriate,
in accordance with section 168A.05, subdivision 8, must be
entered on any motor vehicle certificate of title subsequently
issued in the obligor's name if the obligor:
new text end

new text begin (1) is a debtor for a judgment debt resulting from child
support arrears in an amount at least three times the total
monthly support obligation; and
new text end

new text begin (2) is not in compliance with a payment agreement under
section 518.553.
new text end

new text begin Subd. 2. new text end

new text begin Lien initiated by obligee. new text end

new text begin (a) An obligee may
bring a motion for the entry of a lien on any motor vehicle
certificate of title issued in the obligor's name. The obligee
must properly serve the motion on the obligor pursuant to court
rules and file the motion with the court.
new text end

new text begin (b) At the hearing, if the court finds that the factors
under subdivision 1 exist, the court must:
new text end

new text begin (1) order the commissioner of public safety to enter a lien
in the obligee's name or in the name of the state of Minnesota,
as appropriate under section 168A.05, subdivision 8, on any
motor vehicle certificate of title subsequently issued in the
obligor's name; and
new text end

new text begin (2) stay the order for 90 days to allow the obligor the
opportunity to enter into a payment agreement under section
518.553.
new text end

new text begin (c) If after 90 days the obligor has not entered into or is
not in compliance with a payment agreement under section
518.553, the court's order becomes effective and the
commissioner of public safety must enter the lien on any motor
vehicle certificate of title subsequently issued in the
obligor's name.
new text end

new text begin Subd. 3. new text end

new text begin Lien initiated by public authority. new text end

new text begin (a) If the
public authority determines that the factors in subdivision 1
exist, the public authority must direct the commissioner of
public safety to enter a lien in the name of the obligee or in
the name of the state of Minnesota, as appropriate, under
section 168A.05, subdivision 8, on any motor vehicle certificate
of title subsequently issued in the obligor's name.
new text end

new text begin (b) At least 90 days before directing the entry of a lien
under this section, the public authority must mail a written
notice to the obligor at the obligor's last known address
indicating that:
new text end

new text begin (1) the public authority intends to enter a lien on any
motor vehicle certificate of title subsequently issued in the
obligor's name; and
new text end

new text begin (2) the obligor must make a written request for a hearing
within 30 days of the date of the notice to contest the action.
new text end

new text begin (c) If the obligor makes a written request for a hearing
within 30 days of the date of the notice, a court hearing must
be held. At least 14 days before the hearing, the public
authority must serve the obligor personally or by mail at the
obligor's last known address with a notice including the hearing
time and place and the allegations against the obligor.
new text end

new text begin (d) If a hearing is held and the court finds the factors
under subdivision 1 exist, the court must order the commissioner
of public safety to enter the lien on any motor vehicle
certificate of title subsequently issued in the obligor's name.
new text end

new text begin (e) If the obligor does not make a written request for a
hearing within 30 days of the date of the notice and has not
entered into or is not in compliance with a payment agreement
under section 518.553 approved by the public authority within 90
days of the date of the notice, the public authority must direct
the commissioner of public safety to enter the lien on any motor
vehicle certificate of title subsequently issued in the
obligor's name.
new text end

new text begin Subd. 4. new text end

new text begin Release. new text end

new text begin An obligor may provide proof to the
court or the public authority that the obligor is in compliance
with all written payment agreements under section 518.553 or
that the motor vehicle's value is less than the exemption
provided under section 550.37. Within 15 days of the receipt of
that proof, the court or public authority must:
new text end

new text begin (1) execute a release of security interest under section
168A.20, subdivision 4, and mail or deliver the release to the
owner or other authorized person; or
new text end

new text begin (2) in instances where a lien has not yet been entered,
direct the commissioner of public safety not to enter a lien on
any motor vehicle certificate of title subsequently issued in
the obligor's name.
new text end

new text begin Subd. 5. new text end

new text begin Nonexempt value. new text end

new text begin A lien recorded against a
motor vehicle certificate of title under this section and
section 168A.05, subdivision 8, attaches only to the nonexempt
value of the motor vehicle as determined in accordance with
section 550.37. The value of a motor vehicle must be determined
in accordance with the retail value described in the National
Auto Dealers Association Official Used Car Guide, Midwest
Edition, for the current year, or in accordance with the
purchase price as defined in section 297B.01, subdivision 8.
new text end

new text begin Subd. 6. new text end

new text begin Remedies available. new text end

new text begin The remedy available under
this section is in addition to any other enforcement remedies
available to the court or public authority.
new text end

Sec. 67.

new text begin [518.557] DATA ON SUSPENSIONS FOR SUPPORT
ARREARS.
new text end

new text begin Notwithstanding section 13.03, subdivision 4, paragraph
(c), data on an occupational license suspension under section
518.554 or a driver's license suspension under section 518.555,
that are transferred by the Department of Human Services to the
Department of Public Safety or a state, county, or municipal
occupational licensing agency respectively must have the same
classification at the Department of Public Safety or other
receiving agency under section 13.02 as other license suspension
data held by the receiving agency. The transfer of the data
does not affect the classification of the data in the hands of
the Department of Human Services.
new text end

Sec. 68.

new text begin [518.558] RECREATIONAL LICENSE SUSPENSION.
new text end

new text begin Subdivision 1. new text end

new text begin Motion; factors. new text end

new text begin (a) An obligee or the
public authority may bring a motion to suspend the recreational
license or licenses of an obligor. An obligee or the public
authority must serve the motion on the obligor in person or by
first class mail at the obligor's last known address. There
must be an opportunity for a hearing. The court may direct the
commissioner of natural resources to suspend or bar receipt of
the obligor's recreational license or licenses if it finds that:
new text end

new text begin (1) the obligor has child support arrears amounting to at
least six times the obligor's total monthly support payments and
the obligor is not in compliance with a payment agreement under
section 518.553; or
new text end

new text begin (2) the obligor has failed, after receiving notice, to
comply with a subpoena relating to a paternity or child support
proceeding.
new text end

new text begin (b) Before utilizing this section, the court must find that
other substantial enforcement mechanisms have been attempted but
have not resulted in compliance.
new text end

new text begin Subd. 2. new text end

new text begin Affected licenses. new text end

new text begin For purposes of this
section, a recreational license includes all licenses, permits,
and stamps issued centrally by the commissioner of natural
resources under sections 97B.301, 97B.401, 97B.501, 97B.515,
97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305.
new text end

new text begin Subd. 3. new text end

new text begin Reinstatement. new text end

new text begin An obligor whose recreational
license has been suspended or barred may provide proof to the
court that the obligor is in compliance with all payment
agreements under section 518.553. Within 15 days of receipt of
that proof, the court must notify the commissioner of natural
resources that the obligor's recreational license or licenses
must no longer be suspended nor may receipt be barred.
new text end

Sec. 69.

new text begin [518.559] WAIVER OF INCOME WITHHOLDING.
new text end

new text begin (a) If child support is not assigned to the public
authority under section 256.741, the court may waive income
withholding requirements if it finds there are no arrears as of
the date of the hearing and:
new text end

new text begin (1) one party demonstrates and the court finds there is
good cause to waive the requirements of this section and
sections 518.5853 and 518.6111 or to terminate an order for or
notice of income withholding previously entered; or
new text end

new text begin (2) all parties reach an agreement and the agreement is
approved by the court after a finding that the agreement is
likely to result in regular and timely payments. The court's
findings waiving the requirements of this paragraph must include
a written explanation of the reasons why income withholding
would not be in the child's best interests.
new text end

new text begin (b) In addition to the other requirements in this section,
if the case involves a modification of support, the court must
make a finding that support has been timely made.
new text end

new text begin (c) If the court waives income withholding, the obligee or
obligor may at any time request subsequent income withholding
under section ........
new text end

Sec. 70.

Minnesota Statutes 2004, section 518.57, is
amended to read:

518.57 deleted text begin MINOR CHILDREN; SUPPORT deleted text end new text begin CHILD SUPPORT ORDERS new text end .

Subdivision 1.

Order.

new text begin (a) new text end Upon a deleted text begin decree of deleted text end dissolution
new text begin of marriage new text end , legal separation, deleted text begin or deleted text end annulment, new text begin establishment of
paternity, or when otherwise required by statute, new text end the court
deleted text begin shall make a further deleted text end new text begin must new text end order deleted text begin which is just and proper
concerning the maintenance of the minor children deleted text end new text begin child support
new text end as provided by section 518.551 deleted text begin , and for the maintenance of any
child of the parties as defined in section 518.54, as support
money deleted text end . deleted text begin The court may make any child support order a lien or
charge upon the property of the obligor, either at the time of
the entry of the judgment or by subsequent order upon proper
application.
deleted text end

new text begin (b) Nothing contained in this chapter limits the power of
the court to make appropriate, adequate orders for the support
and education of a child of the parties to a dissolution, legal
separation, or annulment action if the dissolution, legal
separation, or annulment is denied.
new text end

Subd. 2.

deleted text begin seasonal income deleted text end new text begin provisions new text end .

deleted text begin The court shall
establish the annual support of an obligor with a seasonal
income so that the obligor makes either the same monthly
payments throughout the year or monthly payments that reflect
variations in income. deleted text end new text begin Child support orders must provide for
general child rearing costs or basic support and must also
specifically address child care costs and medical care,
providing for those costs pursuant to this chapter.
new text end

Subd. 3.

deleted text begin satisfaction of child support
obligation deleted text end new text begin agreements new text end .

deleted text begin The court may conclude that an obligor
has satisfied a child support obligation by providing a home,
care, and support for the child while the child is living with
the obligor, if the court finds that the child was integrated
into the family of the obligor with the consent of the obligee
and child support payments were not assigned to the public
agency under section 256.741. deleted text end new text begin If the parties stipulate or agree
to a child support order, the court must review the agreement to
ensure it serves the best interests of the child. The Minnesota
Supreme Court may promulgate rules regarding the review of
stipulations and agreements. The court may refuse to accept or
may alter an agreement that does not conform with the
requirements of this chapter or that is otherwise not in the
best interests of the child.
new text end

Subd. 4.

deleted text begin other custodians deleted text end new text begin specific dollar amount new text end .

deleted text begin If a
child resides with a person other than a parent and the court
approves of the custody arrangement, the court may order child
support payments to be made to the custodian regardless of
whether the person has legal custody. deleted text end new text begin (a) The court must order
child support in a specific dollar amount.
new text end

new text begin (b) The court may order an obligor to pay child support in
the form of a percentage share of the obligor's net bonuses,
commissions, or other forms of compensation, in addition to, or
if the obligor receives no base pay, in lieu of an order for a
specific dollar amount.
new text end

new text begin Subd. 5. new text end

new text begin Preference for monthly payment. new text end

new text begin There is a
presumption in favor of ordering child support in an amount that
reflects an obligor's monthly obligation.
new text end

new text begin Subd. 6. new text end

new text begin Preference for static payment. new text end

new text begin There is a
presumption in favor of ordering child support so that an
obligor makes the same monthly payments throughout the year, as
opposed to payment amounts that fluctuate by season or month.
If the obligor is seasonally employed, it is generally the
obligor's responsibility to budget income accordingly.
new text end

new text begin Subd. 7. new text end

new text begin Departure. new text end

new text begin The court may depart from a
presumption in subdivision 5 or 6 if:
new text end

new text begin (1) all parties agree; or
new text end

new text begin (2) the presumption would impose an extreme hardship on the
obligor and would not be in the best interests of the child.
new text end

new text begin Subd. 8. new text end

new text begin Modification effective date. new text end

new text begin (a) A court may
make a modification of support, including interest that accrued
pursuant to section 548.091, effective no sooner than the date
of service of notice of the motion for modification on the
responding parties.
new text end

new text begin (b) Notwithstanding subdivision 1, a court may apply a
modification to an earlier period if the court makes express
findings that:
new text end

new text begin (1) the party seeking modification was precluded from
serving a motion by reason of a significant physical or mental
disability, a material misrepresentation of another party, or
fraud upon the court; and the party seeking modification, when
no longer precluded, promptly served a motion;
new text end

new text begin (2) the party seeking modification was a recipient of
federal Supplemental Security Income (SSI), Title II Older
Americans Insurance, Survivor's Disability Insurance (OASDI),
other disability benefits, or public assistance based upon need
during the period for which retroactive modification is sought;
new text end

new text begin (3) the order the party seeks to amend was entered by
default, the party shows good cause for not appearing, and the
record contains no factual evidence, or clearly erroneous
evidence, regarding the obligor's ability to pay; or
new text end

new text begin (4) the party seeking modification was institutionalized or
incarcerated for an offense other than nonsupport of a child
during the period for which retroactive modification is sought
and lacked the financial ability to pay the support ordered
during that time period. In determining whether to allow the
retroactive modification, the court must consider whether and
when a request was made to the public authority for support
modification.
new text end

new text begin (c) The court may provide that a reduction in the amount
allocated for child care expenses based on a substantial
decrease in the expenses is effective as of the date the
expenses decreased.
new text end

new text begin Subd. 9. new text end

new text begin Other custodians. new text end

new text begin If a child resides with a
person other than a parent and the court approves of the custody
arrangement, the court may order child support payments to be
made to the custodian regardless of whether the person has legal
custody.
new text end

new text begin Subd. 10. new text end

new text begin Either parent liable; marital misconduct
irrelevant. new text end

new text begin The court may order either or both parents owing a
duty of support to a child to pay an amount reasonable or
necessary for the child's support, without regard to marital
misconduct.
new text end

Sec. 71.

Minnesota Statutes 2004, section 518.575,
subdivision 1, is amended to read:

Subdivision 1.

Making names public.

At least once each
year, the commissioner of human services, in consultation with
the attorney general, may publish a list of the names and other
identifying information of no more than 25 persons who (1) are
child support obligors, (2) are at least $10,000 in arrears, (3)
are not in compliance with a written payment agreement regarding
both current support and arrearages approved by the court, a
child support magistrate, or the public authority, (4) cannot
currently be located by the public authority for the purposes of
enforcing a support order, and (5) have not made a support
payment except tax intercept payments, in the preceding 12
months.

Identifying information may include the obligor's name,
last known address, amount owed, date of birth, photograph, the
number of children for whom support is owed, and any additional
information about the obligor that would assist in identifying
or locating the obligor. The commissioner and attorney general
may use posters, media presentations, electronic technology, and
other means that the commissioner and attorney general determine
are appropriate for dissemination of the information, including
publication on the Internet. The commissioner and attorney
general may make any or all of the identifying information
regarding these persons public. Information regarding an
obligor who meets the criteria in this subdivision will only be
made public subsequent to that person's selection by the
commissioner and attorney general.

Before making public the name of the obligor, the
Department of Human Services deleted text begin shall deleted text end new text begin must new text end send a notice to the
obligor's last known address deleted text begin which states deleted text end new text begin stating new text end the
department's intention to make public information on the
obligor. The notice must also provide an opportunity to have
the obligor's name removed from the list by paying the arrearage
or by entering into an agreement to pay the arrearage, or by
providing information to the public authority that there is good
cause not to make the information public. The notice must
include the final date when the payment or agreement can be
accepted.

The Department of Human Services shall obtain the written
consent of the obligee to make the name of the obligor public.

Sec. 72.

Minnesota Statutes 2004, section 518.58, is
amended to read:

518.58 DIVISION OF MARITAL PROPERTY.

Subdivision 1.

General.

Upon a dissolution of a
marriage, an annulment, or in a proceeding for disposition of
property following a dissolution of marriage by a court which
lacked personal jurisdiction over the absent spouse or lacked
jurisdiction to dispose of the property and which has since
acquired jurisdiction, the court deleted text begin shall deleted text end new text begin must new text end make a just and
equitable division of the marital property of the parties
without regard to marital misconduct, after making findings
regarding the division of the property. The court deleted text begin shall deleted text end new text begin must
new text end base its findings on all relevant factors including the length
of the marriage, any prior marriage of a party, the age, health,
station, occupation, amount and sources of income, vocational
skills, employability, estate, liabilities, needs, opportunity
for future acquisition of capital assets, and income of each
party. The court deleted text begin shall deleted text end new text begin must new text end also consider the contribution of
each in the acquisition, preservation, depreciation or
appreciation in the amount or value of the marital property, as
well as the contribution of a spouse as a homemaker. It deleted text begin shall
be deleted text end new text begin is new text end conclusively presumed that each spouse made a substantial
contribution to the acquisition of income and property while
they were living together as husband and wife. The court may
also award to either spouse the household goods and furniture of
the parties, whether or not acquired during the marriage. The
court deleted text begin shall deleted text end new text begin must new text end value marital assets for purposes of division
between the parties as of the day of the initially scheduled
prehearing settlement conference, unless a different date is
agreed upon by the parties deleted text begin , deleted text end or deleted text begin unless deleted text end the court makes specific
findings that another date of valuation is fair and equitable.
If there is a substantial change in value of an asset between
the date of valuation and the final distribution, the court may
adjust the valuation of that asset as necessary to effect an
equitable distribution.

Subd. 1a.

Transfer, encumbrance, concealment, or
disposition of marital assets.

new text begin In contemplation of commencing
or new text end during the pendency of a marriage dissolution, separation, or
annulment proceeding, deleted text begin or in contemplation of commencing a
marriage dissolution, separation, or annulment proceeding, deleted text end each
party owes a fiduciary duty to the other for any profit or loss
derived by the party, without the consent of the other, from a
transaction or from any use by the party of the marital assets.
If the court finds that a party to a marriage, without consent
of the other party, has in contemplation of commencing, or
during the pendency of, the current dissolution, separation, or
annulment proceeding, transferred, encumbered, concealed, or
disposed of marital assets except in the usual course of
business or for the necessities of life, the court deleted text begin shall deleted text end new text begin must
new text end compensate the other party by placing both parties in the same
position that they would have been in had the transfer,
encumbrance, concealment, or disposal not occurred. The burden
of proof under this subdivision is on the party claiming that
the other party transferred, encumbered, concealed, or disposed
of marital assets in contemplation of commencing or during the
pendency of the current dissolution, separation, or annulment
proceeding, without consent of the claiming party, and that the
transfer, encumbrance, concealment, or disposal was not in the
usual course of business or for the necessities of life. In
compensating a party under this section, the court, in dividing
the marital property, may impute the entire value of an asset
and a fair return on the asset to the party who transferred,
encumbered, concealed, or disposed of it. Use of a power of
attorney, or the absence of a restraining order against the
transfer, encumbrance, concealment, or disposal of marital
property is not available as a defense under this subdivision.

Subd. 2.

Award of nonmarital property.

If the court
finds that either spouse's resources or property, including the
spouse's portion of the marital property as defined in section
518.54, subdivision 5, are so inadequate as to work an unfair
hardship, considering all relevant circumstances, the court may,
in addition to the marital property, apportion up to one-half of
the property otherwise excluded under section 518.54,
subdivision 5, clauses deleted text begin (a) deleted text end new text begin (1) new text end to deleted text begin (d) deleted text end new text begin (4) new text end , to prevent the unfair
hardship. If the court apportions property other than marital
property, it deleted text begin shall deleted text end new text begin must new text end make findings in support of the
apportionment. The findings deleted text begin shall deleted text end new text begin must new text end be based on all relevant
factors including the length of the marriage, any prior marriage
of a party, the age, health, station, occupation, amount and
sources of income, vocational skills, employability, estate,
liabilities, needs, and opportunity for future acquisition of
capital assets and income of each party.

Subd. 3.

Sale or distribution while proceeding pending.

(a) If the court finds that it is necessary to preserve the
marital assets of the parties, the court may order the sale of
the homestead of the parties or the sale of other marital
assets, as the individual circumstances may require, during the
pendency of a proceeding for a dissolution of marriage or an
annulment. If the court orders a sale, it may further provide
for the disposition of the funds received from the sale during
the pendency of the proceeding. If liquid or readily liquidated
marital property other than property representing vested pension
benefits or rights is available, the court, so far as possible,
deleted text begin shall deleted text end new text begin must new text end divide the property representing vested pension
benefits or rights by the disposition of an equivalent amount of
the liquid or readily liquidated property.

(b) The court may order a partial distribution of marital
assets during the pendency of a proceeding for a dissolution of
marriage or an annulment for good cause shown or upon the
request of both parties deleted text begin , provided that deleted text end new text begin as long as new text end the court
deleted text begin shall deleted text end fully deleted text begin protect deleted text end new text begin protects new text end the interests of the other party.

Subd. 4.

Pension plans.

(a) The division of marital
property that represents pension plan benefits or rights in the
form of future pension plan payments:

(1) is payable only to the extent of the amount of the
pension plan benefit payable under the terms of the plan;

(2) is not payable for a period that exceeds the time that
pension plan benefits are payable to the pension plan benefit
recipient;

(3) is not payable in a lump sum amount from pension plan
assets attributable in any fashion to a spouse with the status
of an active member, deferred retiree, or benefit recipient of a
pension plan;

(4) if the former spouse to whom the payments are to be
made dies prior to the end of the specified payment period with
the right to any remaining payments accruing to an estate or to
more than one survivor, is payable only to a trustee on behalf
of the estate or the group of survivors for subsequent
apportionment by the trustee; and

(5) in the case of public pension plan benefits or rights,
may not commence until the public plan member submits a valid
application for a public pension plan benefit and the benefit
becomes payable.

(b) deleted text begin The deleted text end new text begin An new text end individual retirement account deleted text begin plans deleted text end new text begin plan
new text end established under chapter 354B may provide in its plan document,
if published and made generally available, for an alternative
marital property division or distribution of individual
retirement account plan assets. If an alternative division or
distribution procedure is provided, it applies in place of
paragraph (a), clause (5).

Sec. 73.

Minnesota Statutes 2004, section 518.581, is
amended to read:

518.581 SURVIVING SPOUSE BENEFIT.

Subdivision 1.

Award of benefit.

If a current or former
employee's marriage is dissolved, the court may order the
employee, the employee's pension plan, or both, to pay amounts
as part of the division of pension rights that the court may
make under section 518.58, or as an award of maintenance in the
form of a percentage of periodic or other payments or in the
form of a fixed dollar amount. The court may, as part of the
order, award a former spouse all or part of a survivor benefit
unless the plan does not allow by law the payment of a surviving
spouse benefit to a former spouse.

Subd. 2.

Payment of funds by retirement plan.

(a) If the
court has ordered that a spouse has an interest in a pension
plan, the court may order the pension plan to withhold payment
of a refund upon termination of employment or lump sum
distribution to the extent of the spouse's interest in the plan deleted text begin ,
deleted text end or to provide survivor benefits ordered by the court.

(b) The court may not order the pension plan to:

(1) pay more than the equivalent of one surviving spouse
benefit, regardless of the number of spouses or former spouses
who may be sharing in a portion of the total benefit;

(2) pay surviving spouse benefits under circumstances where
the plan member does not have a right to elect surviving spouse
benefits;

(3) pay surviving spouse benefits to a former spouse if the
former spouse would not be eligible for benefits under the terms
of the plan; or

(4) deleted text begin order deleted text end new text begin pay new text end survivor benefits which, when combined with
the annuity or benefit payable to the pension plan member,
exceed the actuarial equivalent value of the normal retirement
annuity form, determined under the plan documents of the pension
plan then in effect and the actuarial assumptions then in effect
for calculating optional annuity forms by the pension plan or
for calculating the funding requirements of the pension plan if
no optional annuity forms are provided by the pension plan.

(c) If more than one spouse or former spouse is entitled to
a surviving spouse benefit, the pension plan deleted text begin shall deleted text end new text begin must new text end pay each
spouse a portion of the benefit based on the ratio of the number
of years the spouse was married to the plan member to the total
number of years the plan member was married to spouses who are
entitled to the benefit.

Subd. 3.

Notice to former spouse.

A pension plan
deleted text begin shall deleted text end new text begin must new text end notify a former spouse of an application by the
employee for a refund of pension benefits if the former spouse
has filed with the pension plan:

(1) a copy of the court order, including a withholding
order, determining the former spouse's rights;

(2) the name and last known address of the employee; and

(3) the name and address of the former spouse.

A pension plan deleted text begin shall deleted text end new text begin must new text end comply with an order, including a
withholding order, issued by a court having jurisdiction over
dissolution of marriage that is served on the pension plan, if
the order states the name, last known address of the payees, and
name and address of the former spouse, or if the names and
addresses are provided to the pension plan with service of the
order.

Subd. 4.

Definitions.

deleted text begin For purposes of deleted text end new text begin The definitions in
this subdivision apply to new text end this section deleted text begin , the following terms have
the meanings given in this subdivision deleted text end .

(a) "Current or former employee" or "employee" means an
individual who has an interest in a pension plan.

(b) "Surviving spouse benefit" means (1) a benefit a
surviving spouse may be eligible for under the laws and bylaws
of the pension plan if the employee dies before retirement, or
(2) a benefit selected for or available to a surviving spouse
under the laws and bylaws of the pension plan upon the death of
the employee after retirement.

Sec. 74.

Minnesota Statutes 2004, section 518.582,
subdivision 1, is amended to read:

Subdivision 1.

Appointment of actuary.

deleted text begin Each deleted text end new text begin A new text end court of
this state deleted text begin that has deleted text end new text begin with new text end jurisdiction to decide marriage
dissolution matters may appoint a qualified person experienced
in the valuation of pension benefits and rights to function as
an expert witness in valuing pension benefits or rights.

Sec. 75.

Minnesota Statutes 2004, section 518.582,
subdivision 2, is amended to read:

Subd. 2.

Standards.

new text begin (a) new text end A court appointed actuary deleted text begin shall
deleted text end new text begin must new text end determine the present value of pension benefits or rights
that are marital property of the parties to the action new text begin :
new text end

new text begin (1) new text end based on the applicable plan documents of the pension
plan and the applicable actuarial assumptions specified for use
in calculating optional annuity forms by the pension plan or for
funding the pension plan, if reasonable deleted text begin , deleted text end new text begin ; new text end or

new text begin (2) new text end as specified by the court.

new text begin (b) new text end The court appointed actuary deleted text begin shall deleted text end new text begin must new text end report to the
court and to the parties the present value of the pension
benefits or rights that are marital property.

Sec. 76.

Minnesota Statutes 2004, section 518.5852, is
amended to read:

518.5852 CENTRAL COLLECTIONS UNIT.

new text begin Subdivision 1. new text end

new text begin Creation. new text end

The commissioner of human
services deleted text begin shall deleted text end new text begin must new text end create and maintain a central collections
unit deleted text begin for the purpose of receiving, processing, and disbursing deleted text end new text begin to
receive, process, and disburse new text end payments, and deleted text begin for maintaining deleted text end new text begin to
maintain new text end a record of payments, in all cases deleted text begin in which deleted text end new text begin when new text end :

(1) the deleted text begin state or county deleted text end new text begin public authority new text end is a party;

(2) the deleted text begin state or county deleted text end new text begin public authority new text end provides child
support enforcement services to a party; or

(3) payment is collected through income withholding.

The commissioner may contract for services to carry out
these provisions, deleted text begin provided that deleted text end new text begin if new text end the commissioner first meets
and negotiates with the affected exclusive representatives.

new text begin Subd. 2. new text end

new text begin Creditor collections. new text end

new text begin The central collections
unit under this section is not a third party under chapters 550,
552, and 571 for purposes of creditor collection efforts against
child support and maintenance order obligors or obligees, and is
not subject to creditor levy, attachment, or garnishment.
new text end

new text begin Subd. 3. new text end

new text begin Credit for payment. new text end

new text begin Payments made to the public
authority that are not collected through income withholding must
be credited as of the date the payment is received by the
central collections unit.
new text end

Sec. 77.

Minnesota Statutes 2004, section 518.5853, is
amended to read:

518.5853 MANDATORY PAYMENT OF OBLIGATIONS TO CENTRAL
COLLECTIONS UNIT.

Subdivision 1.

Location of payment.

All payments
described in section 518.5852 must be made to the central
collections unit.

Subd. 2.

Agency designation of location.

Each local
child support agency deleted text begin shall deleted text end new text begin must new text end provide a location within the
agency to receive payments. deleted text begin A deleted text end new text begin When the new text end local agency deleted text begin receiving
deleted text end new text begin receives new text end a payment deleted text begin shall deleted text end new text begin , it must new text end transmit the funds to the
central collections unit within one working day of receipt of
the payment.

Subd. 3.

Incentives.

Notwithstanding deleted text begin any deleted text end new text begin a new text end rule to the
contrary, incentives must be paid to the county providing
services and maintaining the case to which the payment is
applied. Incentive payments awarded for the collection of child
support must be based solely upon payments processed by the
central collections unit. Incentive payments received by the
county under this subdivision shall be used for county child
support collection efforts.

Subd. 4.

Electronic transfer of funds.

The central
collections unit is authorized to engage in the electronic
transfer of funds for the receipt and disbursement of funds.

Subd. 5.

Required content of order.

A tribunal issuing
an order that establishes or modifies a payment deleted text begin shall deleted text end new text begin must new text end issue
an income withholding order in conformity with section
518.6111. The automatic income withholding order must include
the name of the obligor, the obligor's Social Security number,
the obligor's date of birth, and the name and address of the
obligor's employer. The street mailing address and the
electronic mail address for the central collections unit must be
included in each automatic income withholding order issued by a
tribunal.

Subd. 6.

Transmittal of order to deleted text begin the local agency deleted text end new text begin public
authority new text end by deleted text begin the deleted text end tribunal.

The tribunal deleted text begin shall deleted text end new text begin must new text end transmit a
copy of the order establishing or modifying the payment, and a
copy of the automatic income withholding order, to the local
child support agency within two working days of the approval of
the order by the judge or child support magistrate or other
person or entity authorized to sign the automatic withholding
order.

Subd. 7.

Transmittal of funds from deleted text begin the deleted text end obligor or payor
of funds to deleted text begin the deleted text end central collections unit.

The obligor or other
payor of funds deleted text begin shall deleted text end new text begin must new text end identify the obligor on the check or
remittance by name, payor number, and Social Security number,
and shall comply with section 518.6111.

Subd. 8.

Sanction for checks drawn on insufficient
funds.

A notice may be directed to any person or entity
submitting a check drawn on insufficient funds stating that
future payment must be paid by cash or certified funds. The
central collections unit and the local child support agency may
refuse a check from a person or entity that has been given
notice that payments must be in cash or certified funds.

Subd. 9.

Admissibility of payment records.

A copy of the
record of payments maintained by the central collections unit deleted text begin in
section 518.5852 deleted text end is admissible evidence in all tribunals as
proof of payments made through the central collections unit
without the need of testimony to prove authenticity.

Subd. 10.

Transition provisions.

(a) The commissioner of
human services deleted text begin shall deleted text end new text begin must new text end develop a plan for the implementation
of the central collections unit. The plan must require that
payments be redirected to the central collections unit.
Payments may be redirected in groups according to county of
origin, county of payment, method of payment, type of case, or
any other distinguishing factor designated by the commissioner.

(b) Notice that payments must be made to the central
collections unit must be provided to the obligor and to the
payor of funds within 30 days deleted text begin prior to the redirection of deleted text end new text begin before
new text end payments new text begin are redirected new text end to the central collections unit. After
the notice has been provided to the obligor or payor of funds,
mailed payments received by a local child support agency must be
forwarded to the central collections unit. A notice must be
sent to the obligor or payor of funds stating that payment
application may be delayed and provide directions to submit
future payment to the central collections unit.

Subd. 11.

Collections unit recoupment account.

The
commissioner of human services may establish a revolving account
to cover funds issued in error due to insufficient funds or
other reasons. deleted text begin Appropriations for this purpose and all
recoupments against payments from the account shall be deposited
deleted text end new text begin The commissioner must deposit appropriations for this purpose
and all recoupments against payments from the account new text end in the
collections unit's recoupment account and are appropriated to
the commissioner. Any unexpended balance in the account does
not cancel, but is available until expended.

Subd. 12.

Unclaimed support funds.

(a) If new text begin the public
authority cannot disburse new text end support payments deleted text begin have not been
disbursed deleted text end to an obligee because the obligee deleted text begin is not deleted text end new text begin cannot be
new text end located, the public authority deleted text begin shall deleted text end new text begin must new text end continue deleted text begin locate deleted text end new text begin its
new text end efforts new text begin to locate new text end for one year from the date deleted text begin the public
authority deleted text end new text begin it new text end determines that the obligee is not located.

(b) If the public authority is unable to locate the obligee
after one year, the public authority deleted text begin shall deleted text end new text begin must new text end mail a written
notice to the obligee at the obligee's last known address deleted text begin . The
notice shall give deleted text end new text begin giving new text end the obligee 60 days to contact the
public authority. If the obligee does not contact the public
authority within 60 days from the date of notice, the public
authority deleted text begin shall deleted text end new text begin must new text end :

(1) close the nonpublic assistance portion of the case;

(2) disburse unclaimed support funds to pay public
assistance arrears. If public assistance arrears remain after
disbursing the unclaimed support funds, the public authority may
continue enforcement and collection of child support until all
public assistance arrears have been paid. If there are no
public assistance arrears, or unclaimed support funds remain
after deleted text begin paying deleted text end new text begin the new text end public assistance arrears new text begin have been paid new text end , new text begin the
public authority must return the new text end remaining unclaimed support
funds deleted text begin shall be returned deleted text end to the obligor; and

(3) deleted text begin mail, deleted text end when all public assistance arrears have been paid
new text begin to new text end the public authority, new text begin mail a written notice of termination of
income withholding and case closure new text end to the obligor at the
obligor's last known address deleted text begin a written notice of termination of
income withholding and case closure due to the public
authority's inability to locate the obligee deleted text end . The notice must
indicate that the obligor's support deleted text begin or maintenance deleted text end obligation
will remain in effect until further order of the court and deleted text begin must
inform the obligor deleted text end that the obligor deleted text begin can deleted text end new text begin may new text end contact the public
authority for assistance to modify the order. new text begin The public
authority must include new text end a copy of the form prepared by the state
court administrator's office under section 518.64, subdivision
5, deleted text begin must be included deleted text end with the notice.

(c) If the new text begin public authority cannot locate the new text end obligor deleted text begin is
not located when attempting deleted text end to return unclaimed support funds,
the public authority deleted text begin shall deleted text end new text begin must new text end continue deleted text begin locate deleted text end new text begin its new text end efforts new text begin to
locate the obligor new text end for one year from the date the public
authority determines that the obligor deleted text begin is not deleted text end new text begin cannot be new text end located.
If the public authority is unable to locate the obligor after
one year, the new text begin public authority must treat the new text end funds deleted text begin shall be
treated deleted text end as unclaimed property according to federal law and
chapter 345.

Sec. 78.

Minnesota Statutes 2004, section 518.61, is
amended to read:

518.61 TRUSTEE.

(a) Upon its own motion or upon motion of either party, the
court may appoint a trustee, when it is deemed expedient, to
receive any money ordered to be paid as maintenance or support
money for remittance to the person entitled to receive the
payments. The trustee may also receive property deleted text begin which deleted text end new text begin that new text end is
part of an award deleted text begin under section 518.58, upon trust deleted text end new text begin for division
of marital property. The trustee must hold the property new text end to
invest deleted text begin the same deleted text end , and pay over the income in the manner the court
directs, or to pay over the principal sum in the proportions and
at the times the court orders. deleted text begin The court shall have regard deleted text end In
all cases deleted text begin to deleted text end new text begin the court must consider new text end the situation and
circumstances of the recipient, and the children, if deleted text begin there are
deleted text end any. The trustee deleted text begin shall deleted text end new text begin must new text end give a bond, as the court requires,
for the faithful performance of the trust. If it appears that
the recipient of money ordered to be paid as support will
receive public assistance, the court deleted text begin shall deleted text end new text begin must new text end appoint deleted text begin as
trustee deleted text end the public authority deleted text begin responsible for support enforcement
deleted text end new text begin as trustee new text end .

(b) The trustee deleted text begin shall deleted text end new text begin must new text end maintain records listing the
amount of payments, the date when payments are required to be
made, and the names and addresses of the parties affected by the
order.

(c) The parties affected by the order deleted text begin shall deleted text end new text begin must new text end inform the
trustee of a change of address or of other conditions that may
affect the administration of the order.

(d) If a required new text begin support new text end payment deleted text begin of support or of
maintenance and support combined deleted text end is not made within ten days
deleted text begin after deleted text end new text begin of new text end the due date, the trustee deleted text begin shall deleted text end new text begin must new text end send new text begin to the
obligor notice of the arrears new text end by first class mail deleted text begin notice of the
arrearage to the obligor deleted text end . If payment of the sum due is not
received by the trustee within ten days after sending notice,
the trustee shall certify the amount due to the public authority
deleted text begin responsible for support enforcement deleted text end , whenever that authority is
not the trustee. If the public authority deleted text begin responsible for
support enforcement deleted text end refers the deleted text begin arrearage deleted text end new text begin arrears new text end to the county
attorney, the county attorney may initiate enforcement
proceedings against the obligor for support or for maintenance
and support combined.

(e) The public authority responsible for support
enforcement may represent a person entitled to receive support
or maintenance or both in court proceedings initiated under this
section to enforce compliance with a support order or combined
maintenance and support orders.

(f) If the person obligated to pay support or maintenance
is beyond the jurisdiction of the court, the county attorney may
institute any proceeding available under state or federal law
for the enforcement of duties of support or maintenance.

Sec. 79.

Minnesota Statutes 2004, section 518.6111, is
amended to read:

518.6111 INCOME WITHHOLDING.

Subdivision 1.

Definitions.

(a) For the purpose of this
section, the following terms have the meanings provided in this
subdivision unless otherwise stated.

(b) "Payor of funds" means any person or entity that
provides funds to an obligor, including an employer as defined
under chapter 24 of the Internal Revenue Code, section 3401(d),
an independent contractor, payor of worker's compensation
benefits or unemployment benefits, or a financial institution as
defined in section 13B.06.

(c) "Business day" means a day on which state offices are
open for regular business.

(d) "Arrears" means amounts owed under a support order that
are past due.

Subd. 2.

Application.

This section applies to all
support orders issued by a court or an administrative tribunal
and orders for or notices of withholding issued by the public
authority.

Subd. 3.

Order.

new text begin (a) new text end Every support order must address
income withholding. Whenever a support order is initially
entered or modified, the full amount of the support order must
be deleted text begin subject to income withholding deleted text end new text begin withheld new text end from the income of the
obligor deleted text begin . If the obligee or obligor applies for either full IV-D
services or for income withholding only services from the public
authority responsible for child support enforcement, the full
amount of the support order must be withheld from the income of
the obligor deleted text end and forwarded to the public authority.

new text begin (b) new text end Every order for support deleted text begin or maintenance shall deleted text end new text begin must
new text end provide for a conspicuous notice of the provisions deleted text begin of deleted text end new text begin in new text end this
section that complies with section 518.68, subdivision 2. An
order without this notice remains subject to this section. deleted text begin This
section applies regardless of the source of income of the person
obligated to pay the support or maintenance.
deleted text end

new text begin (c) new text end A payor of funds deleted text begin shall deleted text end new text begin must new text end implement income
withholding according to this section upon receipt of an order
for or notice of withholding. The notice of withholding deleted text begin shall
deleted text end new text begin must new text end be on a form provided by the commissioner of human services.

Subd. 4.

Collection services.

(a) The commissioner of
human services deleted text begin shall deleted text end new text begin must new text end prepare and make available to the
courts a notice of services that explains child support and
maintenance collection services available through the public
authority, including income withholding deleted text begin , and the fees for such
services deleted text end . Upon receiving a petition for dissolution of marriage
or legal separation, the court administrator deleted text begin shall deleted text end new text begin must new text end promptly
send the notice of services to the petitioner and respondent at
the addresses stated in the petition.

(b) deleted text begin Either the obligee or obligor may at any time apply to
the public authority for either full IV-D services or for income
withholding only services. deleted text end new text begin Upon receipt of a support order
requiring income withholding, a petitioner or respondent, who is
not a recipient of public assistance and does not receive child
support collection services from the public authority, may apply
to the public authority for either full child support collection
services or for services only to withhold income.
new text end

(c) For those persons applying for deleted text begin income withholding only
deleted text end services new text begin only to withhold income new text end , new text begin the public authority must
charge new text end a monthly service fee of $15 deleted text begin must be charged deleted text end to the
obligor. This fee is in addition to the amount of the support
order and deleted text begin shall deleted text end new text begin must new text end be withheld through income withholding.
The public authority deleted text begin shall deleted text end new text begin must new text end explain the service options in
this section to the affected parties and encourage the
application for full child support collection services.

(d) If the obligee is not a current recipient of public
assistance as defined in section 256.741, the person who applied
for services may at any time choose to terminate either full
IV-D services or income withholding only services regardless of
whether income withholding is currently in place. The obligee
or obligor may reapply for either full IV-D services or income
withholding only services at any time. Unless the applicant is
a recipient of public assistance as defined in section 256.741,
a $25 application fee shall be charged at the time of each
application.

(e) When a person terminates IV-D services, if an arrearage
for public assistance as defined in section 256.741 exists, the
public authority may continue income withholding, as well as use
any other enforcement remedy for the collection of child
support, until all public assistance arrears are paid in full.
Income withholding shall be in an amount equal to 20 percent of
the support order in effect at the time the services terminated.

new text begin Subd. 4a. new text end

new text begin Contract for service. new text end

new text begin To carry out income
withholding, the public authority may contract for services,
including the use of electronic funds transfer.
new text end

new text begin Subd. 4b. new text end

new text begin Electronic transmission. new text end

new text begin Orders or notices for
income withholding may be transmitted for enforcement purposes
by electronic means.
new text end

new text begin Subd. 4c. new text end

new text begin Timing of automated enforcement remedies. new text end

new text begin The
public authority must make reasonable efforts to ensure that
automated enforcement remedies take into consideration the time
periods allowed under this section.
new text end

Subd. 5.

Payor of funds responsibilities.

(a) An order
for or notice of withholding is binding on a payor of funds upon
receipt. Withholding must begin no later than the first pay
period that occurs after 14 days following the date of receipt
of the order for or notice of withholding. In the case of a
financial institution, preauthorized transfers must occur in
accordance with a court-ordered payment schedule.

(b) A payor of funds deleted text begin shall deleted text end new text begin must new text end withhold from the income
payable to the obligor the amount specified in the order or
notice of withholding and amounts specified under subdivisions 6
and 9 and deleted text begin shall deleted text end new text begin must new text end remit the amounts withheld to the public
authority within seven business days of the date the obligor is
paid the remainder of the income. The payor of funds deleted text begin shall deleted text end new text begin must
new text end include with the remittance the new text begin obligor's new text end Social Security number
deleted text begin of the obligor deleted text end , the case type indicator as provided by the
public authority and the date the obligor is paid the remainder
of the income. The obligor is considered to have paid the
amount withheld as of the date the obligor received the
remainder of the income. A payor of funds may combine all
amounts withheld from one pay period into one payment to each
public authority, but shall separately identify each obligor
making payment.

(c) A payor of funds deleted text begin shall deleted text end new text begin must new text end not discharge, or refuse to
hire, or otherwise discipline an employee as a result of wage or
salary withholding authorized by this section. A payor of funds
shall be liable to the obligee for any amounts required to be
withheld. A payor of funds that fails to withhold or transfer
funds in accordance with this section is also liable to the
obligee for interest on the funds at the rate applicable to
judgments under section 549.09, computed from the date the funds
were required to be withheld or transferred. A payor of funds
is liable for reasonable attorney fees of the obligee or public
authority incurred in enforcing the liability under this
paragraph. A payor of funds that has failed to comply with the
requirements of this section is subject to contempt sanctions
under section 518.615. If the payor of funds is an employer or
independent contractor and violates this subdivision, a court
may award the obligor twice the wages lost as a result of this
violation. If a court finds a payor of funds violated this
subdivision, the court shall impose a civil fine of not less
than $500. The liabilities in this paragraph apply to
intentional noncompliance with this section.

(d) If a single employee is subject to multiple withholding
orders or multiple notices of withholding for the support of
more than one child, the payor of funds shall comply with all of
the orders or notices to the extent that the total amount
withheld from the obligor's income does not exceed the limits
imposed under the Consumer Credit Protection Act, United States
Code, title 15, section 1673(b), giving priority to amounts
designated in each order or notice as current support as follows:

(1) if the total of the amounts designated in the orders
for or notices of withholding as current support exceeds the
amount available for income withholding, the payor of funds
shall allocate to each order or notice an amount for current
support equal to the amount designated in that order or notice
as current support, divided by the total of the amounts
designated in the orders or notices as current support,
multiplied by the amount of the income available for income
withholding; and

(2) if the total of the amounts designated in the orders
for or notices of withholding as current support does not exceed
the amount available for income withholding, the payor of funds
shall pay the amounts designated as current support, and shall
allocate to each order or notice an amount for past due support,
equal to the amount designated in that order or notice as past
due support, divided by the total of the amounts designated in
the orders or notices as past due support, multiplied by the
amount of income remaining available for income withholding
after the payment of current support.

(e) When an order for or notice of withholding is in effect
and the obligor's employment is terminated, the obligor and the
payor of funds shall notify the public authority of the
termination within ten days of the termination date. The
termination notice shall include the obligor's home address and
the name and address of the obligor's new payor of funds, if
known.

(f) A payor of funds may deduct one dollar from the
obligor's remaining salary for each payment made pursuant to an
order for or notice of withholding under this section to cover
the expenses of withholding.

new text begin Subd. 5a. new text end

new text begin Payor of funds; liability to obligee. new text end

new text begin (a) A
payor of funds is liable to the obligee for amounts required to
be withheld. A payor of funds that fails to withhold or
transfer funds in accordance with this chapter is liable to the
obligee for interest on the funds at the rate applicable to
judgments under section 549.09, computed from the date the funds
were required to be withheld or transferred. A payor of funds
is liable for reasonable attorney fees of the obligee or public
authority incurred in enforcing the liability under this
paragraph. A payor of funds that has failed to comply with the
requirements of this section is subject to contempt sanctions
under subdivision 5b. If the payor of funds is an employer or
independent contractor and violates this subdivision, a court
may award the obligor twice the wages lost as a result of this
violation. If a court finds a payor of funds violated this
subdivision, the court must impose a civil fine of not less than
$500. The liabilities under this subdivision apply to
intentional noncompliance by a payor of funds with the
requirements of this section and sections 518.5833 and 518.559.
new text end

new text begin (b) A payor of funds is not subject to civil liability to
any individual or agency for taking action in compliance with an
income withholding order or notice of withholding that appears
regular on its face according to this chapter.
new text end

new text begin Subd. 5b. new text end

new text begin Employer contempt. new text end

new text begin (a) Notices or orders for
income withholding or medical support issued pursuant to this
chapter are binding on the employer, trustee, or other payor of
funds after the order or notice has been transmitted to the
employer, trustee, or payor of funds.
new text end

new text begin (b)(1) An obligee or the public authority may initiate a
contempt action against an employer, trustee, or payor of funds,
within the action that created the support obligation, by
serving an order to show cause upon the employer, trustee, or
payor of funds.
new text end

new text begin (2) The employer, trustee, or payor of funds is presumed to
be in contempt:
new text end

new text begin (i) if the employer, trustee, or payor of funds has
intentionally failed to withhold support after receiving the
order or notice for income withholding or notice of enforcement
of medical support; or
new text end

new text begin (ii) upon presentation of pay stubs or similar
documentation showing that the employer, trustee, or payor of
funds withheld support and demonstrating that the employer,
trustee, or payor of funds intentionally failed to remit support
to the public authority.
new text end

new text begin (c) The employer, trustee, or payor of funds is liable to
the obligee or the public authority for amounts required to be
withheld that were not paid. The court may enter judgment
against the employer, trustee, or payor of funds for support not
withheld or remitted. An employer, trustee, or payor of funds
found guilty of contempt must be punished by a fine of not more
than $250 as provided in chapter 588. The court may also impose
other contempt sanctions authorized under chapter 588.
new text end

Subd. 6.

Financial institutions.

(a) If income
withholding is ineffective due to the obligor's method of
obtaining income, the court deleted text begin shall deleted text end new text begin must new text end order the obligor to
identify a child support deposit account owned solely by the
obligor, or to establish an account, in a financial institution
located in this state for the purpose of depositing
court-ordered child support payments. The court deleted text begin shall deleted text end new text begin must
new text end order the obligor to execute an agreement with the appropriate
public authority for preauthorized transfers from the obligor's
child support account payable to an account of the public
authority. The court deleted text begin shall deleted text end new text begin must new text end order the obligor to disclose
to the court all deposit accounts owned by the obligor in whole
or in part in any financial institution. The court may order
the obligor to disclose to the court the opening or closing of
any deposit account owned in whole or in part by the obligor
within 30 days of the opening or closing. The court may order
the obligor to execute an agreement with the appropriate public
authority for preauthorized transfers from any deposit account
owned in whole or in part by the obligor to the obligor's child
support deposit account if necessary to satisfy court-ordered
child support payments. The court may order a financial
institution to disclose to the court the account number and any
other information regarding accounts owned in whole or in part
by the obligor. An obligor who fails to comply with this
subdivision, fails to deposit funds in at least one deposit
account sufficient to pay court-ordered child support, or stops
payment or revokes authorization of any preauthorized transfer
is subject to contempt of court procedures under chapter 588.

(b) A financial institution deleted text begin shall deleted text end new text begin must new text end execute
preauthorized transfers for the new text begin obligor's new text end deposit accounts deleted text begin of
the obligor deleted text end in the amount specified in the order and amounts
required under this section as directed by the public
authority. A financial institution is liable to the obligee if
funds in any of the obligor's deposit accounts identified in the
court order equal the amount stated in the preauthorization
agreement but are not transferred by the financial institution
in accordance with the agreement.

Subd. 7.

Subsequent income withholding.

(a) This
subdivision applies to support orders that do not contain
provisions for income withholding.

(b) deleted text begin For cases in which deleted text end new text begin If new text end the public authority deleted text begin is providing
deleted text end new text begin provides new text end child support enforcement services to the parties, deleted text begin the
deleted text end income withholding under this subdivision deleted text begin shall take deleted text end new text begin takes
new text end effect without prior judicial notice to the obligor and without
the need for judicial or administrative hearing. Withholding
shall result when:

(1) the obligor requests it in writing to the public
authority;

(2) the obligee or obligor serves on the public authority a
copy of the notice of income withholding, a copy of the court's
order, an application, and the fee to use the public authority's
collection services; or

(3) the public authority commences withholding according to
section 518.5513, subdivision 6, paragraph (a), clause (5).

(c) deleted text begin For cases in which deleted text end new text begin If new text end the public authority deleted text begin is deleted text end new text begin does new text end not
deleted text begin providing deleted text end new text begin provide new text end child support services to the parties, income
withholding under this subdivision deleted text begin shall take effect deleted text end new text begin must be
initiated new text end when an obligee requests it by making a written motion
to the court and the court finds that previous support has not
been paid on a timely consistent basis or that the obligor has
threatened expressly or otherwise to stop or reduce payments.

(d) Within two days after the public authority commences
withholding under this subdivision, the public authority deleted text begin shall
deleted text end new text begin must new text end send to the obligor at the obligor's last known address,
notice that withholding has commenced. The notice deleted text begin shall deleted text end new text begin must
new text end include the information provided to the payor of funds in the
notice of withholding.

Subd. 8.

Contest.

(a) The obligor may contest
withholding under subdivision 7 on the limited grounds that the
withholding or the amount withheld is improper due to mistake of
fact. deleted text begin If deleted text end The obligor new text begin who new text end chooses to contest the withholding deleted text begin ,
the obligor deleted text end must do so no later than 15 days after the employer
commences withholding, deleted text begin upon deleted text end new text begin by bringing a new text end proper motion deleted text begin pursuant
to deleted text end new text begin under new text end section 484.702 and the rules of the expedited child
support process.

(b) The income withholding must remain in place while the
obligor contests the withholding.

(c) If the court finds a mistake in the amount of the
deleted text begin arrearage deleted text end new text begin arrears new text end to be withheld, the court deleted text begin shall deleted text end new text begin must new text end continue
the income withholding, but it deleted text begin shall deleted text end new text begin must new text end correct the amount of
the deleted text begin arrearage deleted text end new text begin arrears new text end to be withheld.

Subd. 9.

Priority.

(a) An order for or notice of
withholding under this section or execution or garnishment upon
a judgment for child support arrearage or preadjudicated
expenses shall have priority over an attachment, execution,
garnishment, or wage assignment and shall not be subject to the
statutory limitations on amounts levied against the income of
the obligor. Amounts withheld from an employee's income must
not exceed the maximum permitted under the Consumer Credit
Protection Act, title 15 of the United States Code, section
1673(b).

(b) If more than one order for or notice of withholding
exists involving the same obligor and child, the public
authority shall enforce the most recent order or notice. An
order for or notice of withholding that was previously
implemented according to this section shall end as of the date
of the most recent order. The public authority shall notify the
payor of funds to withhold under the most recent withholding
order or notice.

Subd. 10.

deleted text begin arrearage deleted text end new text begin income withholding; arrears new text end order.

(a) deleted text begin This section does not prevent the court from ordering deleted text end new text begin In
addition to ordering income withholding for current support, the
court may order new text end the payor of funds to withhold amounts to
satisfy the obligor's previous deleted text begin arrearage deleted text end new text begin arrears new text end in support
order payments. new text begin Use of new text end this remedy deleted text begin shall deleted text end new text begin does new text end not deleted text begin operate to
deleted text end exclude deleted text begin availability deleted text end new text begin the use new text end of other remedies to enforce
judgments. The employer or payor of funds deleted text begin shall deleted text end new text begin must new text end withhold
from the obligor's income an additional amount equal to 20
percent of the monthly child support deleted text begin or maintenance deleted text end obligation
until the deleted text begin arrearage is deleted text end new text begin arrears are new text end paid.

(b) Notwithstanding any law to the contrary, funds from
income sources included in section 518.54, subdivision 6,
whether periodic or lump sum, are not exempt from attachment or
execution upon a judgment for child support arrearage.

(c) Absent an order to the contrary, if deleted text begin an arrearage exists
deleted text end new text begin arrears exist new text end at the time a support order would otherwise
terminate, income withholding deleted text begin shall continue deleted text end new text begin continues new text end in effect
or may be implemented in an amount equal to the support order
plus an additional 20 percent of the monthly child support
obligation, until all arrears have been paid in full.

Subd. 11.

Lump-sum payments.

Before transmittal to the
obligor of a lump-sum payment of $500 or more including, but not
limited to, severance pay, accumulated sick pay, vacation pay,
bonuses, commissions, or other pay or benefits, a payor of funds:

(1) who has been served with an order for or notice of
income withholding under this section shall:

(i) notify the public authority of the lump-sum payment
that is to be paid to the obligor;

(ii) hold the lump-sum payment for 30 days after the date
on which the lump-sum payment would otherwise have been paid to
the obligor, notwithstanding sections 176.221, 176.225, 176.521,
181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota
Rules, part 1415.2000, subpart 10; and

(iii) upon order of the court, and after a showing of past
willful nonpayment of support, pay any specified amount of the
lump-sum payment to the public authority for future support; or

(2) shall pay the lessor of the amount of the lump-sum
payment or the total amount of the judgment and arrearages upon
service by United States mail of a sworn affidavit from the
public authority or a court order that includes the following
information:

(i) that a judgment entered pursuant to section 548.091,
subdivision 1a, exists against the obligor, or that other
support arrearages exist;

(ii) the current balance of the judgment or arrearage; and

(iii) that a portion of the judgment or arrearage remains
unpaid.

The Consumer Credit Protection Act, title 15 of the United
States Code, section 1673(b), does not apply to lump-sum
payments.

Subd. 12.

Interstate income withholding.

(a) Upon
receipt of an order for support entered in another state and the
specified documentation from an authorized agency, the public
authority deleted text begin shall deleted text end new text begin must new text end implement income withholding. A payor of
funds in this state deleted text begin shall deleted text end new text begin must new text end withhold income under court
orders for withholding issued by other states or territories.

(b) An employer receiving an income withholding notice from
another state deleted text begin shall deleted text end new text begin must new text end withhold and distribute the funds as
directed in the withholding notice and deleted text begin shall deleted text end new text begin must new text end apply the law
of the obligor's principal place of employment when determining:

(1) the employer's fee for processing an income withholding
notice;

(2) the maximum amount permitted to be withheld from the
obligor's income; and

(3) deadlines for implementing and forwarding the child
support payment.

(c) An obligor may contest withholding under this
subdivision pursuant to section 518C.506.

Subd. 13.

Order terminating income withholding.

An order
terminating income withholding must specify the effective date
of the order and reference the initial order or decree that
establishes the support obligation deleted text begin and shall be entered once the
following conditions have been met deleted text end new text begin . A court must enter an order
terminating income withholding if new text end :

(1) the obligor serves written notice of the application
for termination of income withholding by mail upon the obligee
at the obligee's last known mailing address, and new text begin serves new text end a
duplicate copy of the application deleted text begin is served deleted text end on the public
authority;

(2) the application for termination of income withholding
specifies the event that terminates the support obligation, the
effective date of the termination of the support obligation, and
the applicable provisions of the order or decree that
established the support obligation; new text begin and
new text end

(3) the application includes the complete name of the
obligor's payor of funds, the business mailing address, the
court action and court file number, and the support and
collections file number, if known deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (4) after receipt of the application for termination of deleted text end new text begin The
obligee or the public authority may request a contested hearing
on the issue of whether new text end income withholding deleted text begin , the obligee or the
public authority fails deleted text end new text begin should continue. The request must be
made new text end within 20 days deleted text begin to request a contested hearing on the issue
of whether income withholding of support should continue clearly
specifying deleted text end new text begin of receiving an application for termination of income
withholding. The request must specify new text end the basis for deleted text begin the
continued support obligation and, deleted text end new text begin continuing income
withholding. The obligee or public authority may make an new text end ex
parte deleted text begin , deleted text end new text begin motion new text end to stay the service of deleted text begin the deleted text end new text begin an new text end order terminating
income withholding upon the obligor's payor of funds, pending
the outcome of the contested hearing.

Subd. 14.

Termination by the public authority.

new text begin (a) new text end If
the public authority determines that income withholding is no
longer applicable, the public authority deleted text begin shall deleted text end new text begin must new text end notify the
obligee and the obligor of intent to terminate income
withholding.

new text begin (b) new text end Five days deleted text begin following deleted text end new text begin after new text end notification to the obligee
and obligor, the public authority deleted text begin shall deleted text end new text begin must new text end issue a notice to
the payor of funds terminating income withholding deleted text begin , without a
requirement for deleted text end new text begin . new text end A court order new text begin is not required new text end unless the
obligee has requested an expedited child support hearing under
section 484.702.

deleted text begin Subd. 15. deleted text end

deleted text begin Contract for service. deleted text end

deleted text begin To carry out the
provisions of this section, the public authority responsible for
child support enforcement may contract for services, including
the use of electronic funds transfer.
deleted text end

Subd. 16.

Waiver.

(a) If the public authority is
providing child support and maintenance enforcement services and
child support or maintenance is not assigned under section
256.741, the court may waive the requirements of this section if:

(1) one party demonstrates and the court determines there
is good cause to waive the requirements of this section or to
terminate an order for or notice of income withholding
previously entered under this section. The court must make
written findings to include the reasons income withholding would
not be in the best interests of the child. In cases involving a
modification of support, the court must also make a finding that
support payments have been timely made; or

(2) the obligee and obligor sign a written agreement
providing for an alternative payment arrangement which is
reviewed and entered in the record by the court.

(b) If the public authority is not providing child support
and maintenance enforcement services and child support or
maintenance is not assigned under section 256.741, the court may
waive the requirements of this section if the parties sign a
written agreement.

(c) If the court waives income withholding, the obligee or
obligor may at any time request income withholding under
subdivision 7.

Subd. 17.

Nonliability; payor of funds.

A payor of funds
who complies with an income withholding order or notice of
withholding according to this chapter or chapter 518C, that
appears regular on its face shall not be subject to civil
liability to any individual or agency for taking action in
compliance with the order or notice.

Subd. 18.

Electronic transmission.

Orders or notices for
withholding under this section may be transmitted for
enforcement purposes by electronic means.

Subd. 19.

Timing of automated enforcement remedies.

The
public authority shall make reasonable efforts to ensure that
automated enforcement remedies take into consideration the time
periods allowed under this section.

Sec. 80.

Minnesota Statutes 2004, section 518.612, is
amended to read:

518.612 INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY
ORDER.

deleted text begin Failure by a party to make support payments is not a
defense to:
deleted text end

deleted text begin (1) interference with parenting time; or
deleted text end

deleted text begin (2) without the permission of the court or the other
parent, removing a child from this state.
deleted text end

deleted text begin Interference with parenting time or taking a child from
this state without permission of the court or the other parent
is not a defense to nonpayment of support. If a party fails to
make support payments, interferes with parenting time, or
removes a child from the state without permission of the court
or the other parent, the other party may petition the court for
an appropriate order.
deleted text end

new text begin (a) An obligor may not assert as a defense to failure to
pay child support that the obligee interfered with parenting
time or removed the child from the state without permission of
the obligor or the court.
new text end

new text begin (b) An obligee may not assert as a defense to interference
with parenting time or removing the child from the state without
permission of the obligor or the court, that the obligor failed
to pay child support.
new text end

new text begin (c) A party may petition the court for an appropriate order
if the other party:
new text end

new text begin (1) fails to make support payments;
new text end

new text begin (2) interferes with parenting time; or
new text end

new text begin (3) removes a child from this state without permission of
the court or the other parent.
new text end

Sec. 81.

Minnesota Statutes 2004, section 518.614, is
amended to read:

518.614 ESCROW ACCOUNT; CHILD SUPPORT; MAINTENANCE
OBLIGATION.

Subdivision 1.

Stay of service.

If the court finds there
is no arrearage in child support or maintenance as of the date
of the court hearing, the court deleted text begin shall deleted text end new text begin must new text end stay service of
the new text begin income withholding new text end order under section 518.6111 if the
obligor new text begin :
new text end

new text begin (1) new text end establishes a savings account for a sum equal to two
months of the monthly child support or maintenance obligation new text begin ;
new text end and

new text begin (2) new text end provides proof of deleted text begin the establishment deleted text end new text begin establishing the
savings account new text end to the court and the public authority on or
before the day of the court hearing determining the obligation.

deleted text begin This deleted text end new text begin The obligor must hold the new text end sum deleted text begin must be held deleted text end new text begin under
clause (1) new text end in a financial institution in an interest-bearing
account with only the public authority authorized as drawer of
funds. new text begin The obligor's new text end proof of deleted text begin the establishment deleted text end new text begin establishing
the account new text end must include the financial institution name and
address, account number, and the amount of deposit.

Subd. 2.

Release of stay.

Within three working days of
receipt of notice of default, the public authority deleted text begin shall deleted text end new text begin must
new text end direct the financial institution to release to the public
authority the sum held under this subdivision when the following
conditions are met:

(1) the obligor fails to pay the support amount to the
obligee or the public authority within ten days of the date it
is ordered to be paid;

(2) the obligee transmits a notice of default to the public
authority and makes application to the public authority for
child support and maintenance collection services. The new text begin obligee
must verify the new text end notice deleted text begin must be verified by the obligee deleted text end and new text begin the
notice new text end must contain the title of the action, the court file
number, the new text begin obligee's new text end full name and address deleted text begin of the obligee deleted text end ,
the new text begin obligor's new text end name and last known address deleted text begin of the obligor deleted text end , the
obligor's last known employer or other payor of funds, the date
of the first unpaid amount, the date of the last unpaid amount,
and the total amount unpaid; and

(3) within three working days of receipt of notice from the
obligee, the public authority sends a copy of the notice of
default and a notice of intent to implement income withholding
by mail to the obligor at the address given. The notice of
intent deleted text begin shall deleted text end new text begin must new text end state that the new text begin public authority will serve the
new text end order establishing the new text begin child new text end support or maintenance
obligation deleted text begin will be served deleted text end on the obligor's employer or payor of
funds new text begin , new text end unless within 15 days after the mailing of the notice new text begin ,
new text end the obligor requests a hearing on the issue of whether payment
was in default as of the date of the notice of default deleted text begin and
serves deleted text end new text begin . The obligor must serve new text end notice of the request for
hearing on the public authority and the obligee.

Subd. 3.

Duties of public authority.

Within three
working days of receipt of sums released under subdivision 2,
the public authority shall remit to the obligee all amounts not
assigned under section 256.741 as current support or
maintenance. The public authority shall also serve a copy of
the court's order and the provisions of section 518.6111 and
this section on the obligor's employer or other payor of funds
unless within 15 days after mailing of the notice of intent to
implement income withholding the obligor makes a proper motion
pursuant to section 484.702 and the rules of the expedited child
support process. The public authority deleted text begin shall instruct deleted text end new text begin must
inform new text end the employer or payor of funds pursuant to section
518.6111 deleted text begin as to deleted text end new text begin of new text end the effective date on which the next support
or maintenance payment is due. The withholding process must
begin on said date and shall reflect the total credits of
principal and interest amounts received from the escrow account.

Subd. 4.

Hearing.

Within 30 days of the date of the
notice of default under subdivision 2, clause (2), the court
must hold a hearing if a motion is brought by the obligor as set
forth in subdivision 2. If the court finds that there was a
default, the court deleted text begin shall deleted text end new text begin must new text end order the immediate withholding of
support or maintenance from the obligor's income. If the court
finds that there was no default, the court deleted text begin shall deleted text end new text begin must new text end order deleted text begin the
reestablishment of the escrow account by deleted text end either the obligee or
obligor new text begin to reestablish the escrow account new text end and continue the stay
of income withholding.

Subd. 5.

Termination of stay.

When the obligation for
support of a child or for spousal maintenance ends under the
terms of the order or decree establishing the obligation and the
sum held under this section has not otherwise been released, the
public authority deleted text begin shall deleted text end new text begin must new text end release the sum and interest to the
obligor when the following conditions are met:

(1) the obligor transmits a notice of termination to the
public authority. The deleted text begin notice shall be verified by the deleted text end obligor
new text begin must verify the notice new text end and new text begin the notice must new text end contain the title of
the action, the court file number, the full name and address of
the obligee, specify the event that ends the support or
maintenance obligation, the effective date of the termination of
support or maintenance obligation, and the applicable provisions
of the order or decree that established the support or
maintenance obligation;

(2) the public authority sends a copy of the notice of
termination to the obligee; and

(3) the obligee fails within 20 days after mailing of the
notice under clause (2) to request a hearing on the issue of
whether the support or maintenance obligation continues and
serve notice of the request for hearing on the obligor and the
public authority.

Sec. 82.

Minnesota Statutes 2004, section 518.616, is
amended to read:

518.616 ADMINISTRATIVE SEEK EMPLOYMENT ORDERS.

Subdivision 1.

Court order.

deleted text begin For any deleted text end new text begin When enforcing a
new text end support order deleted text begin being enforced by the public authority deleted text end , the public
authority may seek a court order requiring the obligor to seek
employment if:

(1) deleted text begin employment of deleted text end the deleted text begin obligor deleted text end new text begin obligor's employment new text end cannot
be verified;

(2) the obligor is in arrears in court-ordered child
support or maintenance payments or both deleted text begin in an amount equal
deleted text end new text begin amounting new text end to deleted text begin or greater than deleted text end new text begin at least new text end three times the obligor's
total monthly support and maintenance payments; and

(3) the obligor is not in compliance with a written payment
plan.

Upon proper notice being given to the obligor, the court
may enter a seek employment order if it finds that the obligor
has not provided proof of gainful employment and has not
consented to an order for income withholding deleted text begin under section
518.6111 deleted text end or entered into a written payment deleted text begin plan approved by the
court, a child support magistrate, or the public
authority deleted text end new text begin agreement new text end .

Subd. 2.

Contents of order.

The order to seek employment
deleted text begin shall deleted text end new text begin must new text end :

(1) order that the obligor seek employment within a
determinate amount of time;

(2) order that the obligor file with the public authority
deleted text begin on deleted text end a weekly deleted text begin basis a deleted text end report of at least five new attempts to find
employment or of having found employment deleted text begin , which deleted text end new text begin . The new text end report
must include the names, addresses, and telephone numbers of deleted text begin any
deleted text end new text begin the new text end employers or businesses with whom the obligor attempted to
deleted text begin seek deleted text end new text begin obtain new text end employment and the name of the individual contact new text begin at
each employer or business new text end to whom the obligor made application
for employment or to whom an inquiry was directed;

(3) notify the obligor that failure to comply with the
order is evidence of a willful failure to pay support under
section 518.617;

(4) order that the obligor provide the public authority
with verification of any reason for noncompliance with the
order; and

(5) specify the duration of the order, not to exceed three
months.

Sec. 83.

Minnesota Statutes 2004, section 518.617, is
amended to read:

518.617 CONTEMPT PROCEEDINGS FOR NONPAYMENT OF SUPPORT.

Subdivision 1.

Grounds.

If a person against whom an
order or decree for support has been entered under this chapter,
chapter 256, or a comparable law from another jurisdiction, is
in arrears in court-ordered child support or maintenance
payments in an amount deleted text begin equal to or greater than deleted text end new text begin at least new text end three
times the obligor's total monthly support and maintenance
payments and is not in compliance with a written payment deleted text begin plan
approved by the court, a child support magistrate, or the public
authority, the person deleted text end new text begin agreement, a court new text end may deleted text begin be cited deleted text end new text begin cite new text end and
deleted text begin punished by the court deleted text end new text begin punish a person new text end for contempt under section
518.64, chapter 588, or this section. new text begin An obligor's new text end failure to
comply with a seek employment order entered under section
518.616 is evidence of willful failure to pay support.

Subd. 2.

Court options.

(a) If a court cites a person
for contempt under this section, and the obligor lives in a
county that contracts with the commissioner of human services
under section 256.997, the court may order the performance of
community service work up to 32 hours per week for six weeks for
each finding of contempt if the obligor:

(1) is able to work full time;

(2) works an average of less than 32 hours per week; and

(3) has actual weekly gross income averaging less than 40
times the federal minimum hourly wage under United States Code,
title 29, section 206(a)(1), or is voluntarily earning less than
the obligor has the ability to earn, as determined by the court.

An obligor is presumed to be able to work full time. The
obligor has the burden of proving inability to work full time.

(b) A person ordered to do community service work under
paragraph (a) may, during the six-week period, apply to the
court, a child support magistrate, or the public authority to be
released from the community service work requirement if the
person:

(1) provides proof to the new text begin district new text end court, a child support
magistrate, or the public authority that the person is gainfully
employed and submits to an order for income withholding under
section 518.6111;

(2) enters into a written deleted text begin payment plan regarding both
current support and arrearages approved by the court, a child
support magistrate, or the public authority deleted text end new text begin agreement new text end ; or

(3) provides proof to the new text begin district new text end court, a child support
magistrate, or the public authority that, deleted text begin subsequent to deleted text end new text begin after
new text end entry of the order, the person's circumstances have so changed
that the person is no longer able to fulfill the terms of the
community service order.

Subd. 3.

Continuing obligations.

The performance of
community service work does not relieve a child support obligor
of any unpaid accrued or accruing support obligation.

Sec. 84.

Minnesota Statutes 2004, section 518.619, is
amended to read:

518.619 CUSTODY OR deleted text begin VISITATION deleted text end new text begin PARENTING TIME new text end ; MEDIATION
SERVICES.

Subdivision 1.

Mediation proceeding.

Except as provided
in subdivision 2, if it appears on the face of the petition or
other application for an order or modification of an order for
deleted text begin the deleted text end new text begin child new text end custody deleted text begin of a child deleted text end that custody or parenting time is
contested, or that any issue pertinent to a custody or parenting
time determination, including parenting time rights, is
unresolved, the matter may be set for mediation of the contested
issue deleted text begin prior to deleted text end new text begin before new text end , concurrent with, or deleted text begin subsequent to the
deleted text end new text begin after new text end setting deleted text begin of deleted text end the matter for hearing. The purpose of the
mediation proceeding is to reduce acrimony deleted text begin which deleted text end new text begin that new text end may exist
between the parties and to develop an agreement that is
supportive of the child's best interests. The mediator deleted text begin shall
deleted text end new text begin must new text end use best efforts to effect a settlement of the custody or
parenting time dispute, but deleted text begin shall have deleted text end new text begin has new text end no coercive authority.

Subd. 2.

Exception.

If the court determines that there
is probable cause that one of the parties, or a child of a
party, has been physically or sexually abused by deleted text begin the other deleted text end new text begin a
new text end party, the court deleted text begin shall deleted text end new text begin must new text end not require or refer the parties to
mediation or any other process that requires parties to meet and
confer without counsel, if any, present.

Subd. 3.

Mediator appointment.

In order to participate
in a custody mediation, a mediator must be appointed by the
family court. A mediator must be a member of the professional
staff of a family court, probation department, mental health
services agency, or a private mediation service. The mediator
must be on a list of mediators approved by the court having
jurisdiction of the matter, unless the parties stipulate to a
mediator not on the list.

Subd. 4.

Mediator qualifications.

A mediator who
performs mediation in contested child custody matters deleted text begin shall deleted text end new text begin must
new text end meet the following minimum qualifications:

deleted text begin (a) deleted text end new text begin (1) new text end knowledge of the court system and the procedures
used in contested child custody matters;

deleted text begin (b) deleted text end new text begin (2) new text end knowledge of other resources in the community to
which the parties to contested child custody matters can be
referred for assistance;

deleted text begin (c) deleted text end new text begin (3) new text end knowledge of child development, clinical issues
relating to children, the effects of marriage dissolution on
children, and child custody research; and

deleted text begin (d) deleted text end new text begin (4) new text end a minimum of 40 hours of certified mediation
training.

Subd. 5.

Records; private data.

Mediation proceedings
deleted text begin shall deleted text end new text begin must new text end be conducted in private. All records of a mediation
proceeding deleted text begin shall be deleted text end new text begin are new text end private and not available as evidence in
an action for marriage dissolution and related proceedings on
any issue in controversy in the dissolution.

Subd. 6.

Mediator recommendations.

When the parties have
not reached agreement as a result of the mediation proceeding,
the mediator may recommend to the court that an investigation be
conducted under section 518.167, or that other action be taken
to assist the parties to resolve the controversy before new text begin a
new text end hearing on the issues. The mediator may not conduct the
investigation or evaluation unless: (1) the parties agree in new text begin a
new text end writing, executed after the termination of mediation, that the
mediator may conduct the investigation or evaluation, or (2)
there is no other person reasonably available to conduct the
investigation or evaluation. The mediator may recommend that
mutual restraining orders be issued in appropriate cases,
pending determination of the controversy, to protect the
well-being of the children involved in the controversy.

Subd. 7.

Mediation agreement.

An agreement reached by
the parties as a result of mediation deleted text begin shall deleted text end new text begin must new text end be discussed by
the parties with their attorneys, if any deleted text begin , and deleted text end new text begin . new text end The approved
agreement may then be included in the marital dissolution decree
or other stipulation submitted to the court. An agreement
reached by the parties as a result of mediation may not be
presented to the court nor made enforceable unless the parties
and their counsel, if any, consent to its presentation to the
court, and the court adopts the agreement.

Subd. 8.

Rules.

Each court deleted text begin shall deleted text end new text begin must new text end adopt rules to
implement this section, and deleted text begin shall deleted text end new text begin must new text end compile and maintain a
list of mediators.

Sec. 85.

Minnesota Statutes 2004, section 518.64, is
amended to read:

518.64 MODIFICATION OF ORDERS OR DECREES.

Subdivision 1.

Authority.

After deleted text begin an deleted text end new text begin a child support new text end order
deleted text begin for maintenance or support money, temporary or permanent, or for
the appointment of trustees to receive property awarded as
maintenance or support money, the court may from time to time,
on motion of either of the parties, a copy of which is served on
the public authority responsible for child support enforcement
if payments are made through it, or on motion of the public
authority responsible for support enforcement, modify the order
respecting the amount of maintenance or support money, and the
payment of it, and also respecting the appropriation and payment
of the principal and income of property held in trust, and
may deleted text end new text begin is established, the court may, on motion of a party or the
public authority, modify the order respecting the amount and
payment of the support. The court may new text end make an order respecting
deleted text begin these deleted text end new text begin any new text end matters deleted text begin which deleted text end it deleted text begin might have made deleted text end new text begin had the authority
to address new text end in the original proceeding, except as deleted text begin herein
deleted text end otherwise provided new text begin in section ...... new text end . A party or the public
authority also may deleted text begin bring deleted text end new text begin make new text end a motion for contempt of court if
the obligor is in arrears in support or maintenance payments.

new text begin Subd. 1a. new text end

new text begin Guidelines remain applicable. new text end

new text begin On a motion for
modification of support, the guidelines in this chapter remain
applicable.
new text end

new text begin Subd. 1b. new text end

new text begin Evidentiary hearing not required. new text end

new text begin The court
need not hold an evidentiary hearing on a motion for child
support modification.
new text end

new text begin Subd. 1c. new text end

new text begin Form. new text end

new text begin The state court administrator must
prepare and make available to courts, obligors, and obligees a
form to be submitted in support of a motion for a child support
modification or for contempt of court.
new text end

Subd. 2.

Modification.

(a) The terms of an order
respecting maintenance or support may be modified upon a showing
of one or more of the following: (1) substantially increased or
decreased earnings of a party; (2) substantially increased or
decreased need of a party or the child or children that are the
subject of these proceedings; (3) receipt of assistance under
the AFDC program formerly codified under sections 256.72 to
256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a
change in the cost of living for either party as measured by the
Federal Bureau of Statistics, any of which makes the terms
unreasonable and unfair; (5) extraordinary medical expenses of
the child not provided for under section deleted text begin 518.171 deleted text end new text begin 518.5515 new text end ; or (6)
the addition of work-related or education-related child care
expenses of the obligee or a substantial increase or decrease in
existing work-related or education-related child care expenses.

On a motion to modify support, the needs of any child the
obligor has after the entry of the support order that is the
subject of a modification motion shall be considered as provided
by section 518.551, subdivision deleted text begin 5f deleted text end new text begin 5g new text end .

(b) It is presumed that there has been a substantial change
in circumstances under paragraph (a) and the terms of a current
support order shall be rebuttably presumed to be unreasonable
and unfair if:

(1) the application of the child support guidelines in
section 518.551, subdivision 5, to the current circumstances of
the parties results in a calculated court order that is at least
20 percent and at least $50 per month higher or lower than the
current support order;

(2) the medical support provisions of the order established
under section deleted text begin 518.171 deleted text end new text begin 518.5515 new text end are not enforceable by the public
authority or the obligee;

(3) health coverage ordered under section deleted text begin 518.171 deleted text end new text begin 518.5515
new text end is not available to the child for whom the order is established
by the parent ordered to provide; or

(4) the existing support obligation is in the form of a
statement of percentage and not a specific dollar amount.

(c) On a motion for modification of maintenance, including
a motion for the extension of the duration of a maintenance
award, the court deleted text begin shall deleted text end new text begin must new text end apply, in addition to all other
relevant factors, the factors for an award of maintenance under
section 518.552 that exist at the time of the motion. On a
motion for modification of support, the court:

(1) shall apply section 518.551, subdivision 5, and shall
not consider the financial circumstances of each party's spouse,
if any; and

(2) shall not consider compensation received by a party for
employment in excess of a 40-hour work week, provided that the
party demonstrates, and the court finds, that:

(i) the excess employment began after entry of the existing
support order;

(ii) the excess employment is voluntary and not a condition
of employment;

(iii) the excess employment is in the nature of additional,
part-time employment, or overtime employment compensable by the
hour or fractions of an hour;

(iv) the party's compensation structure has not been
changed for the purpose of affecting a support or maintenance
obligation;

(v) in the case of an obligor, current child support
payments are at least equal to the guidelines amount based on
income not excluded under this clause; and

(vi) in the case of an obligor who is in arrears in child
support payments to the obligee, any net income from excess
employment must be used to pay the arrearages until the
arrearages are paid in full.

(d) A modification of support or maintenance, including
interest that accrued pursuant to section 548.091, may be made
retroactive only with respect to any period during which the
petitioning party has pending a motion for modification but only
from the date of service of notice of the motion on the
responding party and on the public authority if public
assistance is being furnished or the county attorney is the
attorney of record. However, modification may be applied to an
earlier period if the court makes express findings that:

(1) the party seeking modification was precluded from
serving a motion by reason of a significant physical or mental
disability, a material misrepresentation of another party, or
fraud upon the court and that the party seeking modification,
when no longer precluded, promptly served a motion;

(2) the party seeking modification was a recipient of
federal Supplemental Security Income (SSI), Title II Older
Americans, Survivor's Disability Insurance (OASDI), other
disability benefits, or public assistance based upon need during
the period for which retroactive modification is sought;

(3) the order for which the party seeks amendment was
entered by default, the party shows good cause for not
appearing, and the record contains no factual evidence, or
clearly erroneous evidence regarding the individual obligor's
ability to pay; or

(4) the party seeking modification was institutionalized or
incarcerated for an offense other than nonsupport of a child
during the period for which retroactive modification is sought
and lacked the financial ability to pay the support ordered
during that time period. In determining whether to allow the
retroactive modification, the court shall consider whether and
when a request was made to the public authority for support
modification.

The court may provide that a reduction in the amount allocated
for child care expenses based on a substantial decrease in the
expenses is effective as of the date the expenses decreased.

(e) Except for an award of the right of occupancy of the
homestead, deleted text begin provided in deleted text end new text begin under new text end section 518.63, all divisions of
real and personal property provided by section 518.58 deleted text begin shall be
deleted text end new text begin are new text end final, and may be revoked or modified only deleted text begin where deleted text end new text begin if new text end the
court finds the existence of conditions that justify reopening a
judgment under the laws of this state, including motions under
section 518.145, subdivision 2. The court may impose a lien or
charge on the divided property at any time while the property,
or subsequently acquired property, is owned by the parties or
either of them, for the payment of maintenance or support money,
or may sequester the property deleted text begin as is provided by deleted text end new text begin under new text end section
518.24.

(f) The court need not hold an evidentiary hearing on a
motion for modification of maintenance or support.

(g) Section 518.14 deleted text begin shall govern deleted text end new text begin governs new text end the award of
attorney fees for motions brought under this subdivision.

Subd. 3.

Maintenance on death or remarriage.

Unless
otherwise agreed in writing or expressly provided in the decree,
the obligation to pay future maintenance is terminated upon the
death of either party or the remarriage of the party receiving
maintenance.

Subd. 4.

Child support on death of obligor.

Unless
otherwise agreed in writing or expressly provided in the order,
provisions for the support of a child are not terminated by the
death of a parent obligated to support the child. When a parent
obligated to pay support dies, the amount of support may be
modified, revoked, or commuted to a lump sum payment, to the
extent just and appropriate in the circumstances.

Subd. 4a.

Automatic termination of support.

(a) Unless a
court order provides otherwise, a child support obligation in a
specific amount per child terminates automatically and without
any action by the obligor to reduce, modify, or terminate the
order upon the deleted text begin emancipation of the child as provided under
section 518.54, subdivision 2 deleted text end new text begin child's emancipation new text end .

(b) A child support obligation for two or more children
that is not a support obligation in a specific amount per child
continues in the full amount until the emancipation of the last
child for whose benefit the order was made, or until further
order of the court.

(c) The obligor may request a modification of the obligor's
child support order upon the deleted text begin emancipation of a child deleted text end new text begin child's
emancipation new text end if there are still minor children under the order.
The child support obligation shall be determined based on the
income of the parties at the time the modification is sought.

Subd. 5.

Form.

The state court administrator's office
shall prepare and make available to court administrators,
obligors, and persons to whom child support is owed a form to be
submitted by the obligor or the person to whom child support is
owed in support of a motion for a modification of an order for
support or maintenance or for contempt of court.

Sec. 86.

Minnesota Statutes 2004, section 518.641, is
amended to read:

518.641 COST-OF-LIVING ADJUSTMENTS IN MAINTENANCE OR CHILD
SUPPORT ORDER.

Subdivision 1.

deleted text begin requirement deleted text end new text begin general new text end .

(a) An order
establishing, modifying, or enforcing deleted text begin maintenance or deleted text end child
support deleted text begin shall deleted text end new text begin must new text end provide for a biennial adjustment in the
amount to be paid based on a change in the cost of living. deleted text begin An
order that provides for a cost-of-living adjustment shall
deleted text end

new text begin (b) The court must new text end specify the cost-of-living index to be
applied deleted text begin and the date on which the deleted text end new text begin in an order that provides for
a new text end cost-of-living adjustment deleted text begin shall become effective deleted text end . The court
may use the Consumer Price Index for all urban consumers,
Minneapolis-St. Paul (CPI-U), the Consumer Price Index for wage
earners and clerical, Minneapolis-St. Paul (CPI-W), or another
cost-of-living index published by the new text begin United States new text end Department
of Labor deleted text begin which it deleted text end new text begin that the court new text end specifically finds is more
appropriate. deleted text begin Cost-of-living increases under this section shall
be compounded.
deleted text end

new text begin (c) new text end The court may deleted text begin also deleted text end increase the amount by more than the
cost-of-living adjustment by agreement of the parties or by
making further findings. new text begin Cost-of-living adjustments are
compounded.
new text end

deleted text begin (b) The deleted text end new text begin (d) If payment is made to the public authority, an
new text end adjustment deleted text begin becomes deleted text end new text begin is new text end effective on deleted text begin the first of deleted text end May new text begin 1 new text end of the
year in which it is made deleted text begin , for cases in which payment is made to
the public authority deleted text end . deleted text begin For cases in which deleted text end new text begin If new text end payment is not made
to the public authority, deleted text begin application for deleted text end an adjustment may be
made in any month but no deleted text begin application for an deleted text end adjustment may be
made sooner than two years after the date of the dissolution
decree. deleted text begin A court may waive the requirement of the cost-of-living
clause if it expressly finds that the obligor's occupation or
income, or both, does not provide for cost-of-living adjustment
or that the order for maintenance or child support has a
provision such as a step increase that has the effect of a
cost-of-living clause. The court may waive a cost-of-living
adjustment in a maintenance order if the parties so agree in
writing. The commissioner of human services may promulgate
rules for child support adjustments under this section in
accordance with the rulemaking provisions of chapter 14. Notice
of this statute must comply with section 518.68, subdivision 2.
deleted text end new text begin A support order must specify the effective date of
cost-of-living adjustments.
new text end

new text begin Subd. 1a. new text end

new text begin Waiver. new text end

new text begin A court may waive the requirement of
the cost-of-living clause if it expressly finds that the
obligor's occupation or income, or both, does not provide for
cost-of-living adjustment or that the order for child support
has a provision such as a step increase that has the effect of a
cost-of-living clause.
new text end

new text begin Subd. 1b. new text end

new text begin Effective date. new text end

new text begin If payment is made to the
public authority, an adjustment is effective on May 1 of the
year it is made. If payment is not made to the public
authority, an adjustment may be made in any month but no
adjustment may be made sooner than two years after the date of
the dissolution decree. A support order must specify the
effective date of cost-of-living adjustments.
new text end

Subd. 2.

Notice.

No adjustment under this section may be
made unless the order provides for it and the new text begin notice provisions
of this subdivision are followed. The new text end public authority or the
obligee, if the obligee is requesting the cost-of-living
adjustment, deleted text begin sends deleted text end new text begin must send new text end notice of the intended adjustment to
the obligor at the obligor's last known address at least 20 days
before the effective date of the adjustment. The notice deleted text begin shall
deleted text end new text begin must new text end inform the obligor of the date on which the adjustment deleted text begin will
become deleted text end new text begin becomes new text end effective and the procedures for contesting the
adjustment.

Subd. 2a.

Procedures for contesting adjustment.

(a) To
contest cost-of-living adjustments initiated by the public
authority or an obligee who has applied for or is receiving
child support deleted text begin and maintenance deleted text end collection services from the
public authority, other than income withholding new text begin - new text end only services,
the obligor deleted text begin , before the effective date of the adjustment, deleted text end must:

(1) file a motion contesting the cost-of-living adjustment
with the court administrator; and

(2) serve the motion by first-class mail on the public
authority and the obligee.

new text begin The obligor must file and serve the motion before the effective
date of the adjustment. new text end The hearing shall take place in the
expedited child support process as governed by section 484.702.

(b) To contest cost-of-living adjustments initiated by an
obligee who is not receiving child support deleted text begin and maintenance
deleted text end collection services from the public authority, or for an obligee
who receives income withholding new text begin - new text end only services from the public
authority, the obligor must deleted text begin , before the effective date of the
adjustment deleted text end :

(1) file a motion contesting the cost-of-living adjustment
with the court administrator; and

(2) serve the motion by first-class mail on the obligee.

new text begin The obligor must file and serve the motion before the effective
date of the adjustment. new text end The hearing shall take place in
district court.

(c) Upon receipt of a motion contesting the cost-of-living
adjustment, deleted text begin the cost-of-living adjustment shall be stayed deleted text end new text begin the
public authority or court must stay the cost-of-living
adjustment new text end pending further order of the court.

deleted text begin (d) The court administrator shall make available pro se
motion forms for contesting a cost-of-living adjustment under
this subdivision.
deleted text end

Subd. 3.

deleted text begin result of deleted text end hearing.

deleted text begin If, deleted text end new text begin (a) new text end At a hearing
deleted text begin pursuant to deleted text end new text begin under new text end this section, new text begin if new text end the obligor establishes an
insufficient deleted text begin cost of living or other deleted text end increase in income deleted text begin that
prevents fulfillment of deleted text end new text begin to fulfill new text end the adjusted deleted text begin maintenance or
deleted text end child support obligation, the new text begin district new text end court or child support
magistrate may direct that all or part of the adjustment not
take effect. deleted text begin If,
deleted text end

new text begin (b) new text end At deleted text begin the deleted text end new text begin a new text end hearing new text begin under this section new text end , new text begin if new text end the obligor
does not establish deleted text begin this deleted text end new text begin an new text end insufficient increase in income, the
adjustment deleted text begin shall deleted text end new text begin must new text end take effect as of the date deleted text begin it would have
become effective had no hearing been requested deleted text end new text begin originally
specified in the support order new text end .

new text begin Subd. 6. new text end

new text begin Form. new text end

new text begin The state court administrator must
prepare and make available to the court and obligors a pro se
motion form to be submitted in support of a request for a
hearing under this section.
new text end

new text begin Subd. 7. new text end

new text begin Rules. new text end

new text begin The commissioner of human services may
promulgate rules for child support adjustments under this
section in accordance with chapter 14.
new text end

Sec. 87.

Minnesota Statutes 2004, section 518.646, is
amended to read:

518.646 NOTICE OF ORDER.

Whenever these laws require service of a court's order on
an employer, union or payor of funds, service of a verified
notice of order may be made in lieu deleted text begin thereof deleted text end new text begin of the order new text end . The
verified notice shall contain the title of the action, the name
of the court, the court file number, the date of the court
order, and shall recite the operative provisions of the order.

Sec. 88.

Minnesota Statutes 2004, section 518.65, is
amended to read:

518.65 PROPERTY; SALE, PARTITION.

In order to effect a division or award of property deleted text begin as is
provided by deleted text end new text begin under new text end section 518.58, the court may order property
sold or partitioned. Personal property may be ordered sold in
the manner directed by the court, and real estate may be
partitioned in the manner provided by Minnesota Statutes 1949,
chapter 558.

Sec. 89.

Minnesota Statutes 2004, section 519.11,
subdivision 1, is amended to read:

Subdivision 1.

Antenuptial contract.

A man and woman of
legal age may enter into an antenuptial contract or settlement
prior to solemnization of marriage which shall be valid and
enforceable if (a) there is a full and fair disclosure of the
earnings and property of each party, and (b) the parties have
had an opportunity to consult with legal counsel of their own
choice. An antenuptial contract or settlement made in
conformity with this section may determine what rights each
party has in the nonmarital property, defined in section 518.54,
subdivision 5, clauses deleted text begin (a) deleted text end new text begin (1) new text end to deleted text begin (d) deleted text end new text begin (4) new text end , upon dissolution of
marriage, legal separation or after its termination by death and
may bar each other of all rights in the respective estates not
so secured to them by their agreement. This section shall not
be construed to make invalid or unenforceable any antenuptial
agreement or settlement made and executed in conformity with
this section because the agreement or settlement covers or
includes marital property, if the agreement or settlement would
be valid and enforceable without regard to this section.

Sec. 90. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 518.171, is repealed.
new text end