HF 1775

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to children; modifying provisions relating to 
  1.3             right to counsel, provisions in paternity judgments, 
  1.4             and modifications of child support orders; amending 
  1.5             Minnesota Statutes 1994, sections 257.541, subdivision 
  1.6             1; 257.66, subdivision 3; 257.69, subdivision 1; and 
  1.7             518.64, subdivision 4, and by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 257.541, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [MOTHER'S RIGHT TO CUSTODY.] The biological 
  1.12  mother of a child born to a mother who was not married to the 
  1.13  child's father neither either when the child was born nor or 
  1.14  when the child was conceived has sole custody of the child until 
  1.15  paternity has been established under sections 257.51 to 257.74, 
  1.16  or until custody is determined in a separate proceeding under 
  1.17  section 518.156 an order is entered granting custody to another. 
  1.18     Sec. 2.  Minnesota Statutes 1994, section 257.66, 
  1.19  subdivision 3, is amended to read: 
  1.20     Subd. 3.  [JUDGMENT; ORDER.] The judgment or order 
  1.21  shall may contain provisions concerning the duty of support, the 
  1.22  custody of the child, the name of the child, visitation 
  1.23  privileges with the child, the furnishing of bond or other 
  1.24  security for the payment of the judgment, or any other matter in 
  1.25  the best interest of the child.  Custody and visitation and all 
  1.26  subsequent motions related to them shall proceed and be 
  2.1   determined under section 257.541.  The remaining matters These 
  2.2   provisions and all subsequent motions related to them shall 
  2.3   proceed and be determined in accordance with chapter 518.  The 
  2.4   judgment or order may direct the appropriate party to pay all or 
  2.5   a proportion of the reasonable expenses of the mother's 
  2.6   pregnancy and confinement, after consideration of the relevant 
  2.7   facts, including the relative financial means of the parents; 
  2.8   the earning ability of each parent; and any health insurance 
  2.9   policies held by either parent, or by a spouse or parent of the 
  2.10  parent, which would provide benefits for the expenses incurred 
  2.11  by the mother during her pregnancy and confinement.  Remedies 
  2.12  available for the collection and enforcement of child support 
  2.13  apply to confinement costs and are considered additional child 
  2.14  support. 
  2.15     Sec. 3.  Minnesota Statutes 1994, section 257.69, 
  2.16  subdivision 1, is amended to read: 
  2.17     Subdivision 1.  In all proceedings under sections 257.51 to 
  2.18  257.74, any party may be represented by counsel.  If the public 
  2.19  authority charged by law with support of a child is a party, the 
  2.20  county attorney shall represent the public authority.  If the 
  2.21  child receives public assistance and no conflict of interest 
  2.22  exists, the county attorney shall also represent the custodial 
  2.23  parent.  If a conflict of interest exists, the court shall 
  2.24  appoint counsel for the custodial parent at no cost to the 
  2.25  parent.  If the child does not receive public assistance, the 
  2.26  county attorney may represent the custodial parent at the 
  2.27  parent's request public authority responsible for child support 
  2.28  enforcement in initiating an action to establish parentage upon 
  2.29  the application for services by either of the parents of the 
  2.30  child or a person alleging to be a parent and upon request of 
  2.31  the public authority.  The court shall appoint counsel for a 
  2.32  party who is unable to pay timely for counsel in proceedings 
  2.33  under sections 257.51 to 257.74.  Representation of a party by 
  2.34  the county attorney or by court-appointed counsel shall include 
  2.35  issues related to the establishment of paternity and financial 
  2.36  issues.  The county attorney may limit the scope of 
  3.1   participation on issues related to custody, visitation, and the 
  3.2   name of the child through notice given to the public assistance 
  3.3   recipient or the applicant for services.  Representation of a 
  3.4   party by court-appointed counsel may not extend to contested 
  3.5   issues pertaining to custody, visitation, or the name of the 
  3.6   child. 
  3.7      Sec. 4.  Minnesota Statutes 1994, section 518.64, 
  3.8   subdivision 4, is amended to read: 
  3.9      Subd. 4.  Unless otherwise agreed in writing or expressly 
  3.10  provided in the order, provisions for the support of a child are 
  3.11  not terminated by emancipation of the child but not by the death 
  3.12  of a parent obligated to support the child. When a parent 
  3.13  obligated to pay support dies, the amount of support may be 
  3.14  modified, revoked, or commuted to a lump sum payment, to the 
  3.15  extent just and appropriate in the circumstances. 
  3.16     Sec. 5.  Minnesota Statutes 1994, section 518.64, is 
  3.17  amended by adding a subdivision to read: 
  3.18     Subd. 4a.  [EMANCIPATION OF CHILDREN.] (a) Unless the court 
  3.19  order provides otherwise, a child support obligation in a 
  3.20  specific amount per child terminates automatically and without 
  3.21  any action by the obligor to reduce, modify, or terminate the 
  3.22  order upon the emancipation of the child as determined under 
  3.23  section 518.54, subdivision 2. 
  3.24     (b) A child support obligation for two or more children 
  3.25  that is not a support obligation in a specific amount per child 
  3.26  continues in the full amount until the emancipation of the last 
  3.27  child for whose benefit the order was made or until further 
  3.28  order of the court. 
  3.29     (c) A party or the public authority may seek modification 
  3.30  of the child support order upon the emancipation of a child if 
  3.31  there are still minor children under the order.  The court shall 
  3.32  determine the child support of the obligor based on the income 
  3.33  of the parties at the time the modification is sought.