as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 12/10/2001 |
1.1 A bill for an act 1.2 relating to family law; reforming and recodifying the 1.3 law relating to marriage dissolution, child custody, 1.4 child support, maintenance, and property division; 1.5 making style and form changes; amending Minnesota 1.6 Statutes 2000, sections 171.186, by adding a 1.7 subdivision; 171.30, subdivision 1; 256.9791; 518.002; 1.8 518.003, subdivisions 1, 3; 518.005; 518.01; 518.02; 1.9 518.03; 518.04; 518.05; 518.055; 518.06; 518.07; 1.10 518.09; 518.10; 518.11; 518.12; 518.13; 518.131, as 1.11 amended; 518.14, subdivision 1; 518.148; 518.156; 1.12 518.157, subdivisions 1, 2, 3, 5, 6; 518.158, 1.13 subdivisions 2, 4; 518.165; 518.166; 518.167, 1.14 subdivisions 3, 4, 5; 518.168; 518.1705, subdivision 1.15 6; 518.1751, subdivisions 2, 2a, 2b, 2c, 3; 518.176, 1.16 as amended; 518.177; 518.178; 518.179, subdivision 1; 1.17 518.24; 518.25; 518.54, subdivisions 1, 5, 6, 7, 8; 1.18 518.55, as amended; 518.552; 518.58; 518.581; 518.582; 1.19 518.619; 518.62; 518.64, subdivision 1; 518.641, as 1.20 amended; 518.642; 518.646; 518.65; 519.11, subdivision 1.21 1; Minnesota Statutes 2001 Supplement, sections 1.22 518.155; 518.175; 518.1751, subdivision 1b; 518.18; 1.23 518.612; 518.64, subdivision 2; proposing coding for 1.24 new law in Minnesota Statutes, chapters 517A; 518; 1.25 proposing coding for new law as Minnesota Statutes, 1.26 chapters 517B; 517C; repealing Minnesota Statutes 1.27 2000, sections 518.111; 518.17; 518.171, subdivisions 1.28 2, 2a, 3, 7, 9, 10; 518.185; 518.255; 518.54, 1.29 subdivisions 2, 4a, 13, 14; 518.551, subdivisions 5a, 1.30 5b, 5c, 5d, 5f, 6, 7, 9, 11, 12, 13, 13a, 14, 15; 1.31 518.5513, subdivisions 1, 2, 3, 4, 6; 518.553; 518.57; 1.32 518.575, subdivision 2; 518.585; 518.5851, 1.33 subdivisions 1, 2, 3, 4, 5, 6; 518.5852; 518.5853, 1.34 subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11; 1.35 518.61; 518.6111, subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 1.36 10, 11, 12, 13, 14, 15, 16, 17, 18; 518.614; 518.615; 1.37 518.616; 518.617; 518.618; 518.64, subdivisions 4, 4a, 1.38 5; Minnesota Statutes 2001 Supplement, sections 1.39 518.171, subdivisions 1, 4, 5, 6, 8; 518.1752; 1.40 518.551, subdivisions 1, 5, 5e; 518.5513, subdivision 1.41 5; 518.575, subdivision 1; 518.5851, subdivision 7; 1.42 518.5853, subdivision 12; 518.6111, subdivisions 5, 1.43 19; 518.6195; 518.6196. 1.44 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.1 ARTICLE 1 2.2 MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT 2.3 Section 1. [517A.25] [SIX-MONTH REVIEW.] 2.4 (a) A decree of dissolution or legal separation or an order 2.5 that establishes child custody, parenting time, or support 2.6 rights and obligations of parents must contain a review date six 2.7 months after its entry. At the six-month hearing, the court 2.8 must review: 2.9 (1) whether child support is current; and 2.10 (2) whether both parties are complying with the parenting 2.11 time provisions of the order. 2.12 (b) At the six-month hearing, the obligor has the burden to 2.13 present evidence to establish that child support payments are 2.14 current. A party may request that the public authority provide 2.15 information to the parties and court regarding child support 2.16 payments. A party must request the information from the public 2.17 authority at least 14 days before the hearing. The commissioner 2.18 of human services must develop a form to be used by the public 2.19 authority to submit child support payment information to the 2.20 parties and court. 2.21 (c) A hearing need not be held under this section if both 2.22 parties file an affidavit with the court administrator before 2.23 the scheduled hearing date indicating that child support is 2.24 current and that the parties are complying with the parenting 2.25 time provisions of the order. 2.26 (d) Contempt of court and all statutory remedies for child 2.27 support and parenting time enforcement may be imposed by the 2.28 court at the six-month hearing for noncompliance by either party. 2.29 (e) At least one month before the six-month hearing, a 2.30 court administrator must send the parties written notice of the 2.31 hearing. The written notice must include a statement that an 2.32 obligor has the burden to present evidence at the hearing to 2.33 establish that child support payments are current. The written 2.34 notice also must include a statement that a hearing will not be 2.35 held if both parties submit an affidavit to the court 2.36 administrator before the hearing date indicating that child 3.1 support is current and that the parties are in compliance with 3.2 parenting time provisions. 3.3 Sec. 2. Minnesota Statutes 2000, section 518.002, is 3.4 amended to read: 3.5 518.002 [USE TERM DISSOLUTIONMEANING OF DIVORCE.] 3.6Wherever the word"Divorce"is, as used in the statutes,it3.7 has the same meaning as "dissolution" or "dissolution of 3.8 marriage." 3.9 Sec. 3. Minnesota Statutes 2000, section 518.003, 3.10 subdivision 1, is amended to read: 3.11 Subdivision 1. [SCOPE.]For the purposes ofThe 3.12 definitions in this section apply to this chapter, the following3.13terms have the meanings provided in this section unless the3.14context clearly requires otherwise. 3.15 Sec. 4. Minnesota Statutes 2000, section 518.005, is 3.16 amended to read: 3.17 518.005 [RULES GOVERNING PROCEEDINGS.] 3.18 Subdivision 1. [APPLICABLE RULES.] Unless otherwise 3.19 specifically provided, the rules of civil procedure for the 3.20 district court apply to all proceedings under this chapter and 3.21 chapters 517B and 517C. 3.22 Subd. 2. [TITLE.] A proceeding for dissolution of 3.23 marriage, legal separation, or annulmentshallmust be entitled 3.24 "In re the Marriage of .......... and .......... ."A custody3.25or support proceeding shall be entitled "In re the (Custody)3.26(Support) of .......... ."3.27 Subd. 3. [NAMES OF PLEADINGS.] The initial pleading in all 3.28 proceedings undersections 518.002 to 518.66 shallthis chapter 3.29 and chapters 517B and 517C must be denominated a petition. A 3.30 responsive pleadingshallmust be denominated an answer. Other 3.31 pleadingsshallmust be denominated as provided in the rules of 3.32 civil procedure. 3.33 Subd. 4. [DECREE; JUDGMENT.] Insections 518.002 to 518.663.34 this chapter and chapters 517B and 517C, "decree" includes 3.35 "judgment." 3.36 Subd. 5. [PROHIBITED DISCLOSURE.] In all proceedings under 4.1 this chapter and chapters 517B and 517C, in which public 4.2 assistance is assigned under section 256.741 or the public 4.3 authority provides services to a party or parties to the 4.4 proceedings, notwithstanding statutory or other authorization 4.5 for the public authority to release private data on the location 4.6 of a party to the action, information on the location of one 4.7 party may not be released by the public authority to the other 4.8 party if: 4.9 (1) the public authority has knowledge that a protective 4.10 order with respect to the other party has been entered; or 4.11 (2) the public authority has reason to believe that the 4.12 release of the information may result in physical or emotional 4.13 harm to the other party. 4.14 Subd. 6. [REQUIRED NOTICE.] Every court order or judgment 4.15 and decree that provides for child support, spousal maintenance, 4.16 custody, or parenting time must contain the notices required by 4.17 section 517C.99. 4.18 Sec. 5. Minnesota Statutes 2000, section 518.01, is 4.19 amended to read: 4.20 518.01 [VOID MARRIAGES.] 4.21All marriages which areA marriage prohibited by section 4.22 517.03shall be absolutelyis void,without any decree of 4.23 dissolution or other legal proceedings; except if a person whose 4.24 husband or wife has been absent for four successive years, 4.25 without being known to the person to be living during that time, 4.26 marries during the lifetime of the absent husband or wife, the 4.27 marriageshall beis void only from the time that its nullity is 4.28 duly adjudged. If the absentee is declared dead in accordance 4.29 with section 576.142, the subsequent marriageshallis notbe4.30 void. 4.31 Sec. 6. Minnesota Statutes 2000, section 518.02, is 4.32 amended to read: 4.33 518.02 [VOIDABLE MARRIAGES.] 4.34 A marriageshallmust be declared a nullityunder the4.35following circumstancesif: 4.36(a)(1) a party lacked capacity to consent to the marriage 5.1 at the time the marriage was solemnized, eitherbecause of: (i) 5.2 mental incapacity or infirmityandif the other party at the 5.3 time the marriage was solemnized did not know of the incapacity; 5.4or because of(ii) the influence of alcohol, drugs, or other 5.5 incapacitating substances; orbecause(iii) consent of either 5.6washaving been obtained by force or fraudand there waswith no 5.7 subsequent voluntary cohabitation of the parties; 5.8(b)(2) a party lacks the physical capacity to consummate 5.9 the marriage by sexual intercourse and the other party at the 5.10 time the marriage was solemnized did not know of the incapacity; 5.11 or 5.12(c)(3) a party was under the age for marriage established 5.13 by section 517.02. 5.14 Sec. 7. Minnesota Statutes 2000, section 518.03, is 5.15 amended to read: 5.16 518.03 [ACTION TO ANNUL; DECREE.] 5.17 An annulmentshallmust be commencedand, the complaint 5.18shall befiled, and proceedings had as in proceedings for 5.19 dissolution. Upon due proof of the nullity of the marriage, 5.20 itshallmust be adjudged null and void. 5.21 The provisions of sections 518.54 to 518.66 relating to 5.22 property rights of the spouses, maintenance, support, and 5.23 custody of children on dissolution of marriage are applicable to 5.24 proceedings for annulment. 5.25 Sec. 8. Minnesota Statutes 2000, section 518.04, is 5.26 amended to read: 5.27 518.04 [INSUFFICIENT GROUNDS FOR ANNULMENT.] 5.28 No marriageshallmay be adjudged a nullity on the ground 5.29 that one of the parties was under the age of legal consent if it 5.30 appears that the parties had voluntarily cohabited together as 5.31 husband and wife after having attainedsuchthat age; nor5.32shall. The marriage ofanyan insane person must not be 5.33 adjudged void after restoration of the insane person to reason, 5.34 if it appears that the parties freely cohabited together as 5.35 husband and wife aftersuchthe restoration to reason. 5.36 Sec. 9. Minnesota Statutes 2000, section 518.05, is 6.1 amended to read: 6.2 518.05 [ANNULMENT; WHEN TO BRING.] 6.3 An annulment may be sought by any of the following persons 6.4 and must be commenced within the times specified, but in no 6.5 event may an annulment be sought after the death of either party 6.6 to the marriage: 6.7(a) For a reason set forth in(1) under section 518.02, 6.8 clause(a)(1), by either party or by the legal representative 6.9 of the party who lacked capacity to consent, no later than 90 6.10 days after the petitioner obtained knowledge of the described 6.11 condition; 6.12(b) For the reason set forth in(2) under section 518.02, 6.13 clause(b)(2), by either party no later than one year after the 6.14 petitioner obtained knowledge of the described condition; 6.15(c) For the reason set forth in(3) under section 518.02, 6.16 clause(c)(3), by the underaged party,or the party's parent or 6.17 guardian,before the time the underaged party reaches the age at 6.18 which the party could have married without satisfying the 6.19 omitted requirement. 6.20 Sec. 10. Minnesota Statutes 2000, section 518.055, is 6.21 amended to read: 6.22 518.055 [PUTATIVE SPOUSE.] 6.23 Any person who has cohabited with another to whom the 6.24 person is not legally married in the good faith belief that the 6.25 person was married to the other is a putative spouse until 6.26 knowledge of the fact that the person is not legally married 6.27 terminates the status and prevents acquisition of further 6.28 rights. A putative spouse acquires the rights conferred upon a 6.29 legal spouse, including the right to maintenance following 6.30 termination of the status, whether or not the marriage is 6.31 prohibited or declared a nullity. If there is a legal spouse or 6.32 other putative spouses, rights acquired by a putative spouse do 6.33 not supersede the rights of the legal spouse or those acquired 6.34 by other putative spouses, but the courtshallmust apportion 6.35 property, maintenance, and support rights among the claimants as 6.36 appropriate in the circumstances and in the interests of justice. 7.1 Sec. 11. Minnesota Statutes 2000, section 518.06, is 7.2 amended to read: 7.3 518.06 [DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS; 7.4 UNCONTESTED LEGAL SEPARATION.] 7.5 Subdivision 1. [MEANING AND EFFECTOF DECREES; GROUNDS.] A 7.6 dissolution of marriage is the termination of the marital 7.7 relationship between a husband and wife. A decree of 7.8 dissolution completely terminates the marital status of both 7.9 parties. A legal separation is a court determination of the 7.10 rights and responsibilities of a husband and wife arising out of 7.11 the marital relationship. A decree of legal separation does not 7.12 terminate the marital status of the parties. 7.13 A dissolution of a marriageshallmust be grantedby a7.14county or district court whenif the court finds that there has 7.15 been an irretrievable breakdown of the marriage relationship. A 7.16decree oflegal separationshallmust be grantedwhenif the 7.17 court finds that one or both parties need a legal separation. 7.18 Defenses to divorce, dissolution and legal separation, 7.19 including, but not limited to, condonation, connivance, 7.20 collusion, recrimination, insanity, and lapse of time, are 7.21 abolished. 7.22 Subd. 3. [UNCONTESTED LEGAL SEPARATION.] If one or both 7.23 parties petition for a decree of legal separation and neither 7.24 party contests the granting of the decree nor petitions for a 7.25 decree of dissolution, the courtshallmust grant a decree of 7.26 legal separation. 7.27 Sec. 12. Minnesota Statutes 2000, section 518.07, is 7.28 amended to read: 7.29 518.07 [RESIDENCE OF PARTIES.] 7.30NoA dissolutionshallmust not be granted unless (1) one 7.31 of the parties has resided in this state,orhasbeen a member 7.32 of the armed services stationed in this state,fornot less than7.33 at least 180 days immediately preceding the commencement of the 7.34 proceeding; or (2) one of the parties has been a domiciliary of 7.35 this state fornot less thanat least 180 days immediately 7.36 preceding commencement of the proceeding. 8.1 Sec. 13. Minnesota Statutes 2000, section 518.09, is 8.2 amended to read: 8.3 518.09 [PROCEEDING; HOW AND WHERE BROUGHT; VENUE.] 8.4 A proceeding for dissolution or legal separation may be 8.5 brought by either or both spouses andshall beis commenced by 8.6 personal service of the summons and petition venued in the 8.7 county where either spouse resides. If neither party resides in 8.8 the state and jurisdiction is based on the domicile of either 8.9spouseparty, the proceeding may be brought in the county where 8.10 either party is domiciled. If neither party resides or is 8.11 domiciled in this state and jurisdiction is premised upon one of 8.12 the parties being a member of the armed services stationed in 8.13 this state for not less than 180 days immediately preceding the 8.14 commencement of the proceeding, the proceeding may be brought in 8.15 the county where the member is stationed. This venueshall be8.16 is subject to the court's powerof the courtto change the place 8.17 of hearing by consent of the parties,or whenif it appears to 8.18 the court that an impartial hearing cannot be had in the county 8.19 where the proceedings are pending, orwhenif the convenience of 8.20 the parties or the ends of justice would be promoted by the 8.21 change. No summonsshall beis required if a joint petition is 8.22 filed. 8.23 Sec. 14. Minnesota Statutes 2000, section 518.10, is 8.24 amended to read: 8.25 518.10 [REQUISITES OF PETITION.] 8.26TheA petition for dissolution of marriage or legal 8.27 separationshallmust state and allege: 8.28(a)(1) the name, address, and, in circumstances in which 8.29 child support or spousal maintenance will be addressed, social 8.30 security number of the petitioner and any prior or other name 8.31 used by the petitioner; 8.32(b)(2) the name and, if known, the address and, in 8.33 circumstances in which child support or spousal maintenance will 8.34 be addressed, social security number of the respondent and any 8.35 prior or other name used by the respondent and known to the 8.36 petitioner; 9.1(c)(3) the place and date of the marriage of the parties; 9.2(d)(4) in the case of a petition for dissolution, that 9.3 either the petitioner or the respondent or both: 9.4(1)(i) has resided in this state for not less than 180 9.5 days immediately preceding the commencement of the proceeding,9.6or; 9.7(2)(ii) has been a member of the armed services and has 9.8 been stationed in this state for not less than 180 days 9.9 immediately preceding the commencement of the proceeding,; or 9.10(3)(iii) has been a domiciliary of this state for not less 9.11 than 180 days immediately preceding the commencement of the 9.12 proceeding; 9.13(e)(5) the name at the time of the petition and any prior 9.14 or other name, social security number, age, and date of birth of 9.15 each living minor or dependent child of the parties born before 9.16 the marriage or born or adopted during the marriage and a 9.17 reference to, and the expected date of birth of, a child of the 9.18 parties conceived during the marriage but not born; 9.19(f)(6) whether or not a separate proceeding for 9.20 dissolution, legal separation, or custody is pending in a court 9.21 in this state or elsewhere; 9.22(g)(7) in the case of a petition for dissolution, that 9.23 there has been an irretrievable breakdown of the marriage 9.24 relationship; 9.25(h)(8) in the case of a petition for legal separation, 9.26 that there is a need for a decree of legal separation; 9.27(i)(9) any temporary or permanent maintenance, child 9.28 support, child custody, disposition of property, attorneys' 9.29 fees, costs and disbursements applied for without setting forth 9.30 the amounts; and 9.31(j)(10) whether an order for protection under chapter 518B 9.32 or a similar law of another state that governs the parties or a 9.33 party and a minor child of the parties is in effect and, if so, 9.34 the district court or similar jurisdiction in which it was 9.35 entered. 9.36 The petitionshallmust be verified by the petitioner or 10.1 petitioners, and its allegations established by competent 10.2 evidence. 10.3 Sec. 15. Minnesota Statutes 2000, section 518.11, is 10.4 amended to read: 10.5 518.11 [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 10.6 (a) Unless a proceeding is brought by both parties, copies 10.7 of the summons and petitionshallmust be served on the 10.8 respondent personally. 10.9 (b)WhenServiceismade out of this state and within the 10.10 United States, itmay be proved by the affidavit of the person 10.11 making thesameservice.WhenServiceismadewithout10.12 outside of the United Statesitmay be proved by the affidavit 10.13 of the person making thesameservice, taken before and 10.14 certified by any United States minister, charge d'affaires, 10.15 commissioner, consul or commercial agent, or other consular or 10.16 diplomatic officer of the United States appointed to reside 10.17 insuchthe country, includingall deputiesa deputy or other 10.18representativesrepresentative ofsuchthe officer authorized to 10.19 performtheirthe officer's duties; or before an officer 10.20 authorized to administer an oath with the certificate of an 10.21 officer of a court of record of the countrywherein suchin 10.22 which the affidavit is taken as to the identity and authority of 10.23 the officer taking thesameaffidavit. 10.24 (c) If personal service cannot be made, the court may order 10.25 service of the summons by alternate means. The application for 10.26 alternate service must include the last known location of the 10.27 respondent; the petitioner's most recent contacts with the 10.28 respondent; the last known location of the respondent's 10.29 employment; the names and locations of the respondent's parents, 10.30 siblings, children, and other close relatives; the names and 10.31 locations of other persons who are likely to know the 10.32 respondent's whereabouts; and a description of efforts to locate 10.33 those persons. 10.34 The courtshallmust consider the length of time the 10.35 respondent's location has been unknown, the likelihood that the 10.36 respondent's location will become known, the nature of the 11.1 relief sought, and the nature of efforts made to locate the 11.2 respondent. The courtshallmust order service by first class 11.3 mail, forwarding address requested, to any addresses where there 11.4 is a reasonable possibility that mail or information will be 11.5 forwarded or communicated to the respondent or, if no address so 11.6 qualifies, then to the respondent's last known address. 11.7 If the petitioner seeks disposition of real estate located 11.8within the state ofin Minnesota, the courtshallmust order 11.9 that the summons, whichshallmust contain the legal description 11.10 of the real estate, be published in the county where the real 11.11 estate is located. The court may also order publication, within 11.12 or without the state, but only if it might reasonably succeed in 11.13 notifying the respondent of the proceeding. Also, the court may 11.14 require the petitioner to make efforts to locate the respondent 11.15 by telephone calls to appropriate persons. Serviceshall beis 11.16 deemed complete 21 days after mailing or 21 days after 11.17 court-ordered publication. 11.18 Sec. 16. Minnesota Statutes 2000, section 518.12, is 11.19 amended to read: 11.20 518.12 [TIME FOR ANSWERING.] 11.21 The respondentshall havehas 30 days in which to answer 11.22 the petition. In case of service by publication, the 30 11.23 daysshalldoes not begin to run until the expiration of the 11.24 period allowed for publication. In the case of a 11.25 counterpetition for dissolution or legal separation to a 11.26 petition for dissolution or legal separation, no answershall be11.27 is required to the counterpetition and the original 11.28 petitionershall beis deemed to have denied each and every 11.29 statement, allegation, and claim in the counterpetition. 11.30 Sec. 17. Minnesota Statutes 2000, section 518.13, is 11.31 amended to read: 11.32 518.13 [FAILURE TO ANSWER; FINDINGS; HEARING.] 11.33 Subdivision 1. [DEFAULT.] If the respondent does not 11.34 appear after service duly made and proved, the court may hear 11.35 and determine the proceeding as a default matter. 11.36 Subd. 2. [DISPUTE OVER IRRETRIEVABLE BREAKDOWN.] If one of 12.1 the parties has denied under oath or affirmation that the 12.2 marriage is irretrievably broken, the courtshallmust consider 12.3 all relevant factors, including the circumstances that gave rise 12.4 to the commencement of the proceeding and the prospect of 12.5 reconciliation, andshallmake a finding whether the marriage is 12.6 irretrievably broken. 12.7 A finding of irretrievable breakdown under this subdivision 12.8 is a determination that there is no reasonable prospect of 12.9 reconciliation. The finding must be supported by evidence that 12.10 (i) the parties have lived separate and apart for a period of 12.11 not less than 180 days immediately preceding the commencement of 12.12 the proceeding, or (ii) there is serious marital discord 12.13 adversely affecting the attitude of one or both of the parties 12.14 toward the marriage. 12.15 Subd. 3. [AGREEMENT OVER IRRETRIEVABLE BREAKDOWN.] If both 12.16 parties by petition or otherwise have stated under oath or 12.17 affirmation that the marriage is irretrievably broken,or one of 12.18 the parties has so stated and the other has not denied it, the 12.19 court, after hearing,shallmust make a finding that the 12.20 marriage is irretrievably broken. 12.21 Subd. 4. [REFEREE; OPEN COURT.] The court or judge, upon 12.22 application, may refer the proceeding to a referee to take and 12.23 report the evidencetherein. Hearings for dissolution of 12.24 marriageshallmust be heard in open court or before a referee 12.25 appointed by the court to receive the testimony of the 12.26 witnesses,or depositions taken as in other equitable actions. 12.27 However, the court may in its discretion close the hearing. 12.28 Subd. 5. [APPROVAL WITHOUT HEARING.] Proposed findings of 12.29 fact, conclusions of law, order for judgment, and judgment and 12.30 decree must be submitted to the court for approval and filing 12.31 without a final hearing in the following situations: 12.32 (1) if there are no minor children of the marriage, and (i) 12.33 the parties have entered into a written stipulation, or (ii) the 12.34 respondent has not appeared after service duly made and proved 12.35 by affidavit and at least 20 days have elapsed since the time 12.36 for answering under section 518.12 expired; or 13.1 (2) if there are minor children of the marriage, the 13.2 parties have signed and acknowledged a stipulation, and all 13.3 parties are represented by counsel. 13.4 Notwithstanding clause (1) or (2), the courtshallmust 13.5 schedule the matter for hearingin any case whereif the 13.6 proposed judgment and decree does not appear to be in the best 13.7 interests of the minor children or is contrary to the interests 13.8 of justice. 13.9 Sec. 18. Minnesota Statutes 2000, section 518.131, as 13.10 amended by Laws 2001, chapters 51, section 1, and 7, section 85, 13.11 is amended to read: 13.12 518.131 [TEMPORARY ORDERS AND RESTRAINING ORDERS.] 13.13 Subdivision 1. [PERMISSIBLE ORDERS.] In a proceeding 13.14 brought for custody, dissolution, or legal separation, or for 13.15 disposition of property,or maintenance, or child support13.16 following the dissolution of a marriage, either party may, by 13.17 motion, request from the court and the court may grant a 13.18 temporary order pending the final disposition of the proceeding 13.19 to or for: 13.20(a)(1) temporary custody and parenting time regarding the 13.21 minor children of the parties; 13.22(b)(2) temporary maintenance of either spouse; 13.23(c) temporary child support for the children of the13.24parties;13.25(d)(3) temporary costs and reasonable attorney fees; 13.26(e) award the(4) temporary use and possession, exclusive 13.27 or otherwise, of the family home, furniture, household goods, 13.28 automobiles, and other property of the parties; 13.29(f)(5) restrain one or both parties from transferring, 13.30 encumbering, concealing, or disposing of property except in the 13.31 usual course of business or for the necessities of life, and to 13.32 account to the court for all such transfers, encumbrances, 13.33 dispositions, and expenditures made after the order is served or 13.34 communicated to the party restrained in open court; 13.35(g)(6) restrain one or both parties from harassing, 13.36 vilifying, mistreating, molesting, disturbing the peace, or 14.1 restraining the liberty of the other party or the children of 14.2 the parties; 14.3(h)(7) restrain one or both parties from removing any 14.4 minor child of the parties from the jurisdiction of the court; 14.5(i)(8) exclude a party from the family home of the parties 14.6 or from the home of the other party; and 14.7(j)(9) require one or both of the parties to perform or to 14.8 not performsuchadditional actsasthat will facilitate the 14.9 just and speedy disposition of the proceeding,orwillprotect 14.10 the parties or their children from physical or emotional harm. 14.11 Subd. 2. [IMPERMISSIBLE ORDERS.]NoA temporary order 14.12shallmust not: 14.13(a)(1) deny parenting time to a parent unless the court 14.14 finds that the parenting time is likely to cause physical or 14.15 emotional harm to the child; 14.16(b)(2) exclude a party from the family home of the parties 14.17 unless the court finds that physical or emotional harm to one of 14.18 the parties or to the children of the parties is likely to 14.19 result, or that the exclusion is reasonable in the 14.20 circumstances; or 14.21(c)(3) vacate or modify an order granted under section 14.22 518B.01, subdivision 6, paragraph (a), clause (1), restraining 14.23 an abusing party from committing acts of domestic abuse, except 14.24 that the court may hear a motion for modification of an order 14.25 for protection concurrently with a proceeding for dissolution of 14.26 marriage upon notice of motion and motion. The notice required 14.27 by court ruleshallmust not be waived. If the proceedings are 14.28 consolidated and the motion to modify is granted, a separate 14.29 order for modification of an order for protectionshallmust be 14.30 issued. 14.31 Subd. 3. [EX PARTE RESTRAINING ORDER; LIMITATIONS.] A 14.32 party may request and the court may make an ex parte restraining 14.33 orderwhich may includethat includes any matter that may be 14.34 included in a temporary order except it may not: 14.35(a) A restraining order may not(1) exclude either party 14.36 from the family home of the parties except upon a finding by the 15.1 court of immediate danger of physical harm to the other party or 15.2 the children of either party;andor 15.3(b) A restraining order may not(2) deny parenting time to 15.4 either party or grant custody of the minor children to either 15.5 party except upon a finding by the court of immediate danger of 15.6 physical harm to the minor children of the parties. 15.7 Subd. 4. [HEARING ON RESTRAINING ORDER; DURATION.] A 15.8 restrainingorders shallorder must be personally served upon 15.9 the party to be restrainedand shall be accompaniedalong with a 15.10 notice of the time and place of hearing for disposition of the 15.11 matters contained in the restraining order at a hearing for a 15.12 temporary order.WhenIf a restraining order has been issued, a 15.13 hearing on the temporary ordershallmust be held at the 15.14 earliest practicable date. The restrained party may upon 15.15 written notice to the other party advance the hearing date to a 15.16 time earlier than that noticed by the other party. The 15.17 restraining ordershall continuecontinues in full force and 15.18 effect only until the hearing time noticed, unless the court, 15.19 for good cause and upon notice, extends the time for hearing. 15.20 Subd. 5. [DURATION OF TEMPORARY ORDER.] A temporary order 15.21shall continuecontinues in full force and effect until the 15.22 earlier of its amendment or vacation, dismissal of the main 15.23 action, or entry of a final decree of dissolution or legal 15.24 separation. 15.25 Subd. 6. [EFFECT OF DISMISSAL OF MAIN ACTION.] If a 15.26 proceeding for dissolution or legal separation is dismissed, a 15.27 temporary custody order is vacated unless one of the parties or 15.28 the child's custodian moves that the proceeding continue as a 15.29 custody proceeding and the court finds, after a hearing, that 15.30 the circumstances of the parties and the best interests of the 15.31 child require that a custody order be issued. 15.32 Subd. 7. [GUIDING FACTORS.] The courtshallmust be guided 15.33 by the factors set forth in sections518.551 (concerning child15.34support),518.552 (concerning maintenance), 518.17 to 518.175 15.35 (concerning custody and parenting time), and 518.14 (concerning 15.36 costs and attorney fees) in making temporary orders and 16.1 restraining orders. 16.2 Subd. 8. [BASIS FOR ORDER.] Temporary ordersshallmust be 16.3 made solely on the basis of affidavits and argument of counsel 16.4 except upon demand by either party in a motion or responsive 16.5 motion made within the time limit for making and filing a 16.6 responsive motion that the matter be heard on oral testimony 16.7 before the court, or if the court in its discretion orders the 16.8 taking of oral testimony. 16.9 Subd. 9. [PREJUDICIAL EFFECT, REVOCATION; MODIFICATION.] A 16.10 temporary order or restraining order: 16.11(a) Shall(1) must not prejudice the rights of the parties 16.12 or the child which are to be adjudicated at subsequent hearings 16.13 in the proceeding; and 16.14(b)(2) may be revoked or modified by the court before the 16.15 final disposition of the proceeding upon the same grounds and 16.16 subject to the same requirements as the initial granting of the 16.17 order. 16.18 Subd. 10. [MISDEMEANOR.] In addition to being punishable 16.19 by contempt, a violation of a provision of a temporary order or 16.20 restraining order granting the relief authorized in subdivision 16.21 1, clause(g)(6),(h)(7), or(i)(8), is a misdemeanor. 16.22 Subd. 11. [TEMPORARYSUPPORT ANDMAINTENANCE.] Temporary 16.23support andmaintenance may be ordered during the time a 16.24 parenting plan is being developed under section 518.1705. 16.25 Sec. 19. Minnesota Statutes 2000, section 518.14, 16.26 subdivision 1, is amended to read: 16.27 Subdivision 1. [GENERAL.] (a) Except as provided in 16.28 subdivision 2, in a proceeding under this chapter or chapter 16.29 517B or 517C, the courtshallmust award attorney fees, costs, 16.30 and disbursements in an amount necessary to enable a party to 16.31 carry on or contest the proceeding,providedif it finds that: 16.32 (1)thatthe fees are necessary for the good-faith 16.33 assertion of the party's rights in the proceeding and will not 16.34 contribute unnecessarily to the length and expense of the 16.35 proceeding; 16.36 (2)thatthe party from whom fees, costs, and disbursements 17.1 are sought has the means to pay them; and 17.2 (3)thatthe party to whom fees, costs, and disbursements 17.3 are awarded does not have the means to pay them. 17.4 (b) Nothing in this section precludes the court from 17.5 awarding, in its discretion, additional fees, costs, and 17.6 disbursements against a party who unreasonably contributes to 17.7 the length or expense of the proceeding. Fees, costs, and 17.8 disbursements provided for in this section may be awarded at any 17.9 point in the proceeding, including a modification proceeding 17.10 under sections 518.18 and 518.64. The court may adjudge costs 17.11 and disbursements against either party. The court may authorize 17.12 the collection of money awarded by execution,orout of property 17.13 sequestered, or in any other manner within the power of the 17.14 court. An award of attorney's fees made by the court during the 17.15 pendency of the proceeding or in the final judgment survives the 17.16 proceeding and if not paid by the party directed to paythe same17.17 them may be enforcedas above providedin the manner provided in 17.18 this paragraph or by a separate civil action brought in the 17.19 attorney's own name. If the proceeding is dismissed or 17.20 abandoned prior to determination and award of attorney's fees, 17.21 the court may nevertheless award attorney's fees upon the 17.22 attorney's motion. The awardshall also survivesurvives the 17.23 proceeding and may be enforced in thesamemanneras last above17.24 provided in this paragraph. 17.25 Sec. 20. Minnesota Statutes 2000, section 518.148, is 17.26 amended to read: 17.27 518.148 [CERTIFICATION OF DISSOLUTION.] 17.28 Subdivision 1. [CERTIFICATE OF DISSOLUTION.] An attorney 17.29 or pro se party may prepare and submit to the court a separate 17.30 certificate of dissolution to be attached to the judgment and 17.31 decree at the time of granting the dissolution of marriage. 17.32 Upon approval by the court and filing of the certificate of 17.33 dissolution with the court administrator, the court 17.34 administratorshallmust provide to any party upon request 17.35 certified copies of the certificate of dissolution. 17.36 Subd. 2. [REQUIRED INFORMATION.] The certificateshall18.1 must include the following information: 18.2 (1) the full caption and file number of the case and the 18.3 title "Certificate of Dissolution"; 18.4 (2) the names and any prior or other names of the parties 18.5 to the dissolution; 18.6 (3) the names of any living minor or dependent children as 18.7 identified in the judgment and decree; 18.8 (4) that the marriage of the parties is dissolved; 18.9 (5) the date of the judgment and decree; and 18.10 (6) the social security number of the parties to the 18.11 dissolution and the social security number of any living minor 18.12 or dependent children identified in the judgment and decree. 18.13 Subd. 3. [CERTIFICATION.] The certificate of 18.14 dissolutionshall beis conclusive evidence of the facts recited 18.15 in the certificate. 18.16 Sec. 21. Minnesota Statutes 2000, section 518.24, is 18.17 amended to read: 18.18 518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 18.19In all cases whenIf maintenanceor supportpayments are 18.20 ordered, the court may require sufficient security to be given 18.21 for the payment of them according to the terms of the order. 18.22 Upon neglect or refusal to give security,oruponfailure to pay 18.23 the maintenanceor support, the court may sequester the 18.24 obligor's personal estate and the rents and profits of real 18.25 estate of the obligor,and appoint a receiver of them. The 18.26 court may cause the personal estate and the rents and profits of 18.27 the real estate to be applied according to the terms of the 18.28 order. The obligor is presumed to have an income from a source 18.29 sufficient to pay the maintenanceor supportorder. Achild18.30support ormaintenance order constitutes prima facie evidence 18.31 that the obligor has the ability to pay the award. If the 18.32 obligor disobeys the order, it is prima facie evidence of 18.33 contempt. The court may cite the obligor for contempt under 18.34 this section, section 518.617, or chapter 588. 18.35 Sec. 22. Minnesota Statutes 2000, section 518.25, is 18.36 amended to read: 19.1 518.25 [REMARRIAGE; REVOCATION.] 19.2When a dissolution has been granted, and the parties19.3afterward intermarryIf two people remarry each other after 19.4 dissolution of their prior marriage, the court, upon their joint 19.5 application,anduponsatisfactory proof ofsuchthe marriage, 19.6 may revoke all decrees and orders of dissolution, maintenance, 19.7 and subsistencewhich willthat do not affect the rights of 19.8 third persons. 19.9 Sec. 23. Minnesota Statutes 2000, section 518.54, 19.10 subdivision 1, is amended to read: 19.11 Subdivision 1. [TERMSSCOPE.]For the purposes of sections19.12518.54 to 518.66, the terms definedThe definitions in this 19.13 sectionshall have the meanings respectively ascribed to19.14themapply to sections 517A.30 to 517A.46. 19.15 Sec. 24. Minnesota Statutes 2000, section 518.54, 19.16 subdivision 5, is amended to read: 19.17 Subd. 5. [MARITAL PROPERTY; EXCEPTIONS.] "Marital 19.18 property" meansproperty,real or personal property, including 19.19 vested public or private pension plan benefits or rights, 19.20 acquired by one or both of the parties, or either of them,to a 19.21 dissolution, legal separation, or annulment proceeding at any 19.22 time during the existence of the marriage relation between them, 19.23 or at any time during which the parties were living together as 19.24 husband and wife under a purported marriage relationship which 19.25 is annulled in an annulment proceeding, but prior to the date of 19.26 valuation under section 518.58, subdivision 1. All property 19.27 acquired by either spouse subsequent to the marriage and before 19.28 the valuation date is presumed to be marital property regardless 19.29 of whether title is held individually or by the spouses in a 19.30 form of coownership such as joint tenancy, tenancy in common, 19.31 tenancy by the entirety, or community property. Each 19.32 spouseshall beis deemed to have a common ownership in marital 19.33 property that vests not later than the time of the entry of the 19.34 decree in a proceeding for dissolution or annulment. The extent 19.35 of the vested interestshallmust be determined and made final 19.36 by the court pursuant to section 518.58. If a title interest in 20.1 real property is held individually by only one spouse, the 20.2 interest in the real property of the nontitled spouse is not 20.3 subject to claims of creditors or judgment or tax liens until 20.4 the time of entry of the decree awarding an interest to the 20.5 nontitled spouse. The presumption of marital property is 20.6 overcome by a showing that the property is nonmarital property. 20.7 "Nonmarital property" means property real or personal, 20.8 acquired by either spouse before, during, or after the existence 20.9 of their marriage, which: 20.10(a)(1) is acquired as a gift, bequest, devise, or 20.11 inheritance made by a third party to one but not to the other 20.12 spouse; 20.13(b)(2) is acquired before the marriage; 20.14(c)(3) is acquired in exchange for or is the increase in 20.15 value of property which is described inclauses (a), (b), (d),20.16and (e)clause (1), (2), (4), or (5); 20.17(d)(4) is acquired by a spouse after the valuation date; 20.18 or 20.19(e)(5) is excluded by a valid antenuptial contract. 20.20 Sec. 25. Minnesota Statutes 2000, section 518.54, 20.21 subdivision 6, is amended to read: 20.22 Subd. 6. [INCOME.] "Income" means any form of periodic 20.23 payment to an individual including, but not limited to, wages, 20.24 salaries, payments to an independent contractor, workers' 20.25 compensation, unemployment benefits, and annuity, militaryand20.26 or naval retirement, pensionandor disability payments. 20.27 "Income" does not include benefits received under Title IV-A of 20.28 the Social Security Actandor chapter 256Jare not income under20.29this section. 20.30 Sec. 26. Minnesota Statutes 2000, section 518.54, 20.31 subdivision 7, is amended to read: 20.32 Subd. 7. [OBLIGEE.] "Obligee" means a person to whom 20.33 payments for maintenanceor supportare owed. 20.34 Sec. 27. Minnesota Statutes 2000, section 518.54, 20.35 subdivision 8, is amended to read: 20.36 Subd. 8. [OBLIGOR.] "Obligor" means a person obligated to 21.1 pay maintenanceor support.A person who is designated as the21.2sole physical custodian of a child is presumed not to be an21.3obligor for purposes of calculating current support under21.4section 518.551 unless the court makes specific written findings21.5to overcome this presumption.21.6 Sec. 28. Minnesota Statutes 2000, section 518.55, as 21.7 amended by Laws 2001, chapter 51, section 12, is amended to read: 21.8 518.55 [MAINTENANCE OR SUPPORT MONEY.] 21.9 Subdivision 1. [CONTENTS OF ORDER.] Every award of 21.10 maintenance or support money in a judgment of dissolution or 21.11 legal separationshallmust clearly designate whetherthe same21.12 it is maintenance or support money, or what part of the award is 21.13 maintenance and what part is support money. An award of 21.14 payments from future income or earnings of the parent with whom 21.15 the child resides is presumed to be maintenance and an award of 21.16 payments from the future income or earnings of the parent with 21.17 whom the child does not reside is presumed to be support money, 21.18 unless otherwise designated by the court. In a judgment of 21.19 dissolution or legal separation the court may determine, as one 21.20 of the issues of the case, whether or not either spouse is 21.21 entitled to an award of maintenance notwithstanding that no 21.22 award is then made, or it may reserve jurisdiction of the issue 21.23 of maintenance for determination at a later date. 21.24 Subd. 3. [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] Every 21.25 obligorshallmust notify the obligee and the public authority 21.26 responsible for collection, if applicable, of a change of 21.27 address or residence within 60 days of the address or residence 21.28 change. Every order forsupport ormaintenance must contain a 21.29 conspicuous notice complying with section 518.68, subdivision 21.30 2. The court may waive or modify the requirements of this 21.31 subdivision by order if necessary to protect the obligor from 21.32 contact by the obligee. 21.33 Subd. 4. [DETERMINATION OF CONTROLLING ORDER.] The public 21.34 authority or a party may request the district court to determine 21.35 a controlling order in situations in which more than one order 21.36 involving the same obligor and child exists. 22.1 Sec. 29. Minnesota Statutes 2000, section 518.552, is 22.2 amended to read: 22.3 518.552 [MAINTENANCE.] 22.4 Subdivision 1. [JURISDICTION; GROUNDS.] In a proceeding 22.5 for dissolution of marriage or legal separation, or in a 22.6 proceeding for maintenance following dissolution of the marriage 22.7 by a court which lacked personal jurisdiction over the absent 22.8 spouse and which has since acquired jurisdiction, the court may 22.9 grant a maintenance order for either spouse if it finds that the 22.10 spouse seeking maintenance: 22.11(a)(1) lacks sufficient property, including marital 22.12 property apportioned to the spouse, to provide for reasonable 22.13 needs of the spouse considering the standard of living 22.14 established during the marriage, especially, but not limited to, 22.15 a period of training or education,; or 22.16(b)(2) is unable to provide adequate self-support, after 22.17 considering the standard of living established during the 22.18 marriage and all relevant circumstances, through appropriate 22.19 employment,; oris the custodian of22.20 (3) if a childwhoseresides with the spouse and the 22.21 child's condition or circumstances make it appropriate that 22.22 thecustodianspouse not be required to seek employment outside 22.23 the home. 22.24 Subd. 2. [AMOUNT; DURATION.] The maintenance ordershall22.25 must be in amounts and for periodsof time, either temporary or 22.26 permanent,asthat the court deems just, without regard to 22.27 marital misconduct,and after considering all relevant factors 22.28 including: 22.29(a)(1) the financial resources of the party seeking 22.30 maintenance, including marital property apportioned to the 22.31 party, and the party's ability to meet needs independently, 22.32 including the extent to which a provision for support of a child 22.33 living with the party includes a sum for that party ascustodian22.34 caretaker; 22.35(b)(2) the time necessary to acquire sufficient education 22.36 or training to enable the party seeking maintenance to find 23.1 appropriate employment, and the probability, given the party's 23.2 age and skills, of completing education or training and becoming 23.3 fully or partially self-supporting; 23.4(c)(3) the standard of living established during the 23.5 marriage; 23.6(d)(4) the duration of the marriage and, in the case of a 23.7 homemaker, the length of absence from employment and the extent 23.8 to which any education, skills, or experience have become 23.9 outmoded and earning capacity has become permanently diminished; 23.10(e)(5) the loss of earnings, seniority, retirement 23.11 benefits, and other employment opportunities forgone by the 23.12 spouse seekingspousalmaintenance; 23.13(f)(6) the age,and the physical and emotional condition 23.14 of the spouse seeking maintenance; 23.15(g)(7) the ability of the spouse from whom maintenance is 23.16 sought to meet needs while meeting those of the spouse seeking 23.17 maintenance; and 23.18(h)(8) the contribution of each party in the acquisition, 23.19 preservation, depreciation, or appreciation in the amount or 23.20 value of the marital property, as well as the contribution of a 23.21 spouse as a homemaker or in furtherance of the other party's 23.22 employment or business. 23.23 Subd. 3. [PERMANENCY OF AWARD.]Nothing inThis section 23.24shallmust not be construed to favor a temporary award of 23.25 maintenance over a permanent award, whereif the factors under 23.26 subdivision 2 justify a permanent award. 23.27WhereIf there is some uncertainty as to the necessity of a 23.28 permanent award, the courtshallmust order a permanent award 23.29 leaving its order open for later modification. 23.30 Subd. 4. [REOPENING MAINTENANCE AWARDS.] Section 518.145, 23.31 subdivision 2, applies to maintenance awardsof spousal23.32maintenance. 23.33 Subd. 5. [PRIVATE AGREEMENTS.] The parties may expressly 23.34 preclude or limit modification of maintenance through a 23.35 stipulation,if the court makes specific findings that the 23.36 stipulation is fairand, equitable,isand supported by 24.1 consideration described in the findings,and that full 24.2 disclosure of each party's financial circumstances has 24.3 occurred. The stipulation must be made a part of the judgment 24.4 and decree. 24.5 Sec. 30. Minnesota Statutes 2000, section 518.58, is 24.6 amended to read: 24.7 518.58 [DIVISION OF MARITAL PROPERTY.] 24.8 Subdivision 1. [GENERAL.] Upon a dissolution of a 24.9 marriage, an annulment, or in a proceeding for disposition of 24.10 property following a dissolution of marriage by a court which 24.11 lacked personal jurisdiction over the absent spouse or lacked 24.12 jurisdiction to dispose of the property and which has since 24.13 acquired jurisdiction, the courtshallmust make a just and 24.14 equitable division of the marital property of the parties 24.15 without regard to marital misconduct, after making findings 24.16 regarding the division of the property. The courtshallmust 24.17 base its findings on all relevant factors including the length 24.18 of the marriage, any prior marriage of a party, the age, health, 24.19 station, occupation, amount and sources of income, vocational 24.20 skills, employability, estate, liabilities, needs, opportunity 24.21 for future acquisition of capital assets, and income of each 24.22 party. The courtshallmust also consider the contribution of 24.23 each in the acquisition, preservation, depreciation, or 24.24 appreciation in the amount or value of the marital property, as 24.25 well as the contribution of a spouse as a homemaker. Itshall24.26beis conclusively presumed that each spouse made a substantial 24.27 contribution to the acquisition of income and property while 24.28 they were living together as husband and wife. The court may 24.29 also award to either spouse the household goods and furniture of 24.30 the parties, whether or not acquired during the marriage. The 24.31 courtshallmust value marital assets for purposes of division 24.32 between the parties as of the day of the initially scheduled 24.33 prehearing settlement conference, unless a different date is 24.34 agreed upon by the parties,orunlessthe court makes specific 24.35 findings that another date of valuation is fair and equitable. 24.36 If there is a substantial change in value of an asset between 25.1 the date of valuation and the final distribution, the court may 25.2 adjust the valuation of that asset as necessary to effect an 25.3 equitable distribution. 25.4 Subd. 1a. [TRANSFER, ENCUMBRANCE, CONCEALMENT, OR 25.5 DISPOSITION OF MARITAL ASSETS.] In contemplation of commencing 25.6 or during the pendency of a marriage dissolution, separation, or 25.7 annulment proceeding,or in contemplation of commencing a25.8marriage dissolution, separation, or annulment proceeding,each 25.9 party owes a fiduciary duty to the other for any profit or loss 25.10 derived by the party, without the consent of the other, from a 25.11 transaction or from any use by the party of the marital assets. 25.12 If the court finds that a party to a marriage, without consent 25.13 of the other party, has in contemplation of commencing,or 25.14 during the pendency of,the current dissolution, separation, or 25.15 annulment proceeding, transferred, encumbered, concealed, or 25.16 disposed of marital assets except in the usual course of 25.17 business or for the necessities of life, the courtshallmust 25.18 compensate the other party by placing both parties in the same 25.19 position that they would have been in had the transfer, 25.20 encumbrance, concealment, or disposal not occurred. The burden 25.21 of proof under this subdivision is on the party claiming that 25.22 the other party transferred, encumbered, concealed, or disposed 25.23 of marital assets in contemplation of commencing or during the 25.24 pendency of the current dissolution, separation, or annulment 25.25 proceeding,without consent of the claiming party, and that the 25.26 transfer, encumbrance, concealment, or disposal was not in the 25.27 usual course of business or for the necessities of life. In 25.28 compensating a party under this section, the court, in dividing 25.29 the marital property, may impute the entire value of an asset 25.30 and a fair return on the asset to the party who transferred, 25.31 encumbered, concealed, or disposed of it. Use of a power of 25.32 attorney,or the absence of a restraining order against the 25.33 transfer, encumbrance, concealment, or disposal of marital 25.34 property is not available as a defense under this subdivision. 25.35 Subd. 2. [AWARD OF NONMARITAL PROPERTY.] If the court 25.36 finds that either spouse's resources or property, including the 26.1 spouse's portion of the marital property as defined in section 26.2 518.54, subdivision 5, are so inadequate as to work an unfair 26.3 hardship, considering all relevant circumstances, the court may, 26.4 in addition to the marital property, apportion up to one-half of 26.5 the property otherwise excluded under section 518.54, 26.6 subdivision 5, clauses(a)(1) to(d)(4), to prevent the unfair 26.7 hardship. If the court apportions property other than marital 26.8 property, itshallmust make findings in support of the 26.9 apportionment. The findingsshallmust be based on all relevant 26.10 factors including the length of the marriage, any prior marriage 26.11 of a party, the age, health, station, occupation, amount and 26.12 sources of income, vocational skills, employability, estate, 26.13 liabilities, needs, and opportunity for future acquisition of 26.14 capital assets and income of each party. 26.15 Subd. 3. [SALE OR DISTRIBUTION WHILE PROCEEDING PENDING.] 26.16 (a) If the court finds that it is necessary to preserve the 26.17 marital assets of the parties, the court may order the sale of 26.18 the homestead of the parties or the sale of other marital 26.19 assets, as the individual circumstances may require, during the 26.20 pendency of a proceeding for a dissolution of marriage or an 26.21 annulment. If the court orders a sale, it may further provide 26.22 for the disposition of the funds received from the sale during 26.23 the pendency of the proceeding. If liquid or readily liquidated 26.24 marital property other than property representing vested pension 26.25 benefits or rights is available, the court, so far as possible, 26.26shallmust divide the property representing vested pension 26.27 benefits or rights by the disposition of an equivalent amount of 26.28 the liquid or readily liquidated property. 26.29 (b) The court may order a partial distribution of marital 26.30 assets during the pendency of a proceeding for a dissolution of 26.31 marriage or an annulment for good cause shown or upon the 26.32 request of both parties, provided thatas long as the court 26.33shallfullyprotectprotects the interests of the other party. 26.34 Subd. 4. [PENSION PLANS.] (a) The division of marital 26.35 property that represents pension plan benefits or rights in the 26.36 form of future pension plan payments: 27.1 (1) is payable only to the extent of the amount of the 27.2 pension plan benefit payable under the terms of the plan; 27.3 (2) is not payable for a period that exceeds the time that 27.4 pension plan benefits are payable to the pension plan benefit 27.5 recipient; 27.6 (3) is not payable in a lump sum amount from pension plan 27.7 assets attributable in any fashion to a spouse with the status 27.8 of an active member, deferred retiree, or benefit recipient of a 27.9 pension plan; 27.10 (4) if the former spouse to whom the payments are to be 27.11 made dies prior to the end of the specified payment period with 27.12 the right to any remaining payments accruing to an estate or to 27.13 more than one survivor, is payable only to a trustee on behalf 27.14 of the estate or the group of survivors for subsequent 27.15 apportionment by the trustee; and 27.16 (5) in the case of public pension plan benefits or rights, 27.17 may not commence until the public plan member submits a valid 27.18 application for a public pension plan benefit and the benefit 27.19 becomes payable. 27.20 (b)TheAn individual retirement accountplansplan 27.21 established under chapter 354B may provide in its plan document, 27.22 if published and made generally available, for an alternative 27.23 marital property division or distribution of individual 27.24 retirement account plan assets. If an alternative division or 27.25 distribution procedure is provided, it applies in place of 27.26 paragraph (a), clause (5). 27.27 Sec. 31. Minnesota Statutes 2000, section 518.581, is 27.28 amended to read: 27.29 518.581 [SURVIVING SPOUSE BENEFIT.] 27.30 Subdivision 1. [AWARD OF BENEFIT.] If a current or former 27.31 employee's marriage is dissolved, the court may order the 27.32 employee, the employee's pension plan, or both, to pay amounts 27.33 as part of the division of pension rights that the court may 27.34 make under section 518.58, or as an award of maintenance in the 27.35 form of a percentage of periodic or other payments or in the 27.36 form of a fixed dollar amount. The court may, as part of the 28.1 order, award a former spouse all or part of a survivor benefit 28.2 unless the plan does not allow by law the payment of a surviving 28.3 spouse benefit to a former spouse. 28.4 Subd. 2. [PAYMENT OF FUNDS BY RETIREMENT PLAN.] (a) If the 28.5 court has ordered that a spouse has an interest in a pension 28.6 plan, the court may order the pension plan to withhold payment 28.7 of a refund upon termination of employment or lump sum 28.8 distribution to the extent of the spouse's interest in the plan,28.9 or to provide survivor benefits ordered by the court. 28.10 (b) The court may not order the pension plan to: 28.11 (1) pay more than the equivalent of one surviving spouse 28.12 benefit, regardless of the number of spouses or former spouses 28.13 who may be sharing in a portion of the total benefit; 28.14 (2) pay surviving spouse benefits under circumstances where 28.15 the plan member does not have a right to elect surviving spouse 28.16 benefits; 28.17 (3) pay surviving spouse benefits to a former spouse if the 28.18 former spouse would not be eligible for benefits under the terms 28.19 of the plan; or 28.20 (4) order survivor benefits which, when combined with the 28.21 annuity or benefit payable to the pension plan member, exceed 28.22 the actuarial equivalent value of the normal retirement annuity 28.23 form, determined under the plan documents of the pension plan 28.24 then in effect and the actuarial assumptions then in effect for 28.25 calculating optional annuity forms by the pension plan or for 28.26 calculating the funding requirements of the pension plan if no 28.27 optional annuity forms are provided by the pension plan. 28.28 (c) If more than one spouse or former spouse is entitled to 28.29 a surviving spouse benefit, the pension planshallmust pay each 28.30 spouse a portion of the benefit based on the ratio of the number 28.31 of years the spouse was married to the plan member to the total 28.32 number of years the plan member was married to spouses who are 28.33 entitled to the benefit. 28.34 Subd. 3. [NOTICE TO FORMER SPOUSE.] A pension plan 28.35shallmust notify a former spouse of an application by the 28.36 employee for a refund of pension benefits if the former spouse 29.1 has filed with the pension plan: 29.2 (1) a copy of the court order, including a withholding 29.3 order, determining the former spouse's rights; 29.4 (2) the name and last known address of the employee; and 29.5 (3) the name and address of the former spouse. 29.6 A pension planshallmust comply with an order, including a 29.7 withholding order, issued by a court having jurisdiction over 29.8 dissolution of marriage that is served on the pension plan, if 29.9 the order states the name, last known address of the payees, and 29.10 name and address of the former spouse,or if the names and 29.11 addresses are provided to the pension plan with service of the 29.12 order. 29.13 Subd. 4. [DEFINITIONS.]For purposes ofThe definitions in 29.14 this subdivision apply to this section, the following terms have29.15the meanings given in this subdivision. 29.16 (a) "Current or former employee" or "employee" means an 29.17 individual who has an interest in a pension plan. 29.18 (b) "Surviving spouse benefit" means (1) a benefit a 29.19 surviving spouse may be eligible for under the laws and bylaws 29.20 of the pension plan if the employee dies before retirement, or 29.21 (2) a benefit selected for or available to a surviving spouse 29.22 under the laws and bylaws of the pension plan upon the death of 29.23 the employee after retirement. 29.24 Sec. 32. Minnesota Statutes 2000, section 518.582, is 29.25 amended to read: 29.26 518.582 [PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.] 29.27 Subdivision 1. [APPOINTMENT OF ACTUARY.]EachA court of 29.28 this statethat haswith jurisdiction to decide marriage 29.29 dissolution matters may appoint a qualified person experienced 29.30 in the valuation of pension benefits and rights to function as 29.31 an expert witness in valuing pension benefits or rights. 29.32 Subd. 2. [STANDARDS.] (a) A court appointed actuaryshall29.33 must determine the present value of pension benefits or rights 29.34 that are marital property of the parties to the action: 29.35 (1) based on the applicable plan documents of the pension 29.36 plan and the applicable actuarial assumptions specified for use 30.1 in calculating optional annuity forms by the pension plan or for 30.2 funding the pension plan, if reasonable,; or 30.3 (2) as specified by the court. 30.4 (b) The court appointed actuaryshallmust report to the 30.5 court and to the parties the present value of the pension 30.6 benefits or rights that are marital property. 30.7 Subd. 3. [COMPENSATION.] The court appointed actuary may 30.8 be compensated at a rate established by the court. The 30.9 compensation of the court appointed actuaryshallmust be 30.10 allocated between the parties as the court directs. 30.11 Subd. 4. [STIPULATION.] In lieu of valuing pension 30.12 benefits or rights through use of the court appointed actuary, 30.13 the parties may stipulate the present value of pension benefits 30.14 or rights that are marital property. 30.15 Sec. 33. Minnesota Statutes 2000, section 518.62, is 30.16 amended to read: 30.17 518.62 [TEMPORARY ORDER; MAINTENANCE; HOMESTEAD.] 30.18 Temporary maintenanceand temporary supportmay be awarded 30.19 as provided in section 518.131. The court may also award to 30.20 either party to the proceeding, having due regard to all the 30.21 circumstances and the party awarded the custody of the children, 30.22 the right to the exclusive use of the household goods and 30.23 furniture of the parties pending the proceeding and the right to 30.24 the use of the homestead of the parties, exclusive or otherwise, 30.25 pending the proceeding. The court may order either party to 30.26 remove from the homestead of the parties upon proper application 30.27 to the court for an order pending the proceeding. 30.28 Sec. 34. Minnesota Statutes 2000, section 518.64, 30.29 subdivision 1, is amended to read: 30.30 Subdivision 1. [AUTHORITY.] (a) After an order for 30.31 temporary or permanent maintenanceor support money, temporary30.32or permanent,or for the appointment of trustees to receive 30.33 property awarded as maintenanceor support money, the court may30.34from time to time, on motion of either of the parties, either 30.35 party or the public authority responsible for support 30.36 enforcement may move for modification. A copy ofwhich isa 31.1 motion by a party must be served on the public authority 31.2 responsible forchildsupport enforcement if payments are made 31.3 through it, or on motion of the public authority responsible for31.4support enforcement,. 31.5 (b) The court may: 31.6 (1) modify the order respecting the amount of 31.7 maintenanceor support money,and theits paymentof it,and31.8also respecting theor appropriation and payment of the 31.9 principal and income of property held in trust,; andmay31.10 (2) make an order respecting these matters which it might 31.11 have made in the original proceeding,except as herein otherwise31.12providedsubject to subdivisions 2 to 5. 31.13 (c) A party or the public authority also may bring a motion 31.14 for contempt of court if the obligor is in arrears insupport or31.15 maintenance payments. 31.16 Sec. 35. Minnesota Statutes 2001 Supplement, section 31.17 518.64, subdivision 2, is amended to read: 31.18 Subd. 2. [MODIFICATION.] (a) The terms of an order 31.19 respecting maintenanceor supportmay be modified upon a showing 31.20 of one or more of the following: (1) substantially increased or 31.21 decreased earnings of a party; (2) substantially increased or 31.22 decreased need of a partyor the child or children that are the31.23subject of these proceedings; (3) receipt of assistance under 31.24 the AFDC program formerly codified under sections 256.72 to 31.25 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 31.26 change in the cost of living for either party as measured by the 31.27 federal bureau of statistics, any of which makes the terms 31.28 unreasonable and unfair; (5) extraordinary medical expenses of 31.29 the child not provided for under section 518.171; or (6) the 31.30 addition of work-related or education-related child care 31.31 expenses of the obligee or a substantial increase or decrease in 31.32 existing work-related or education-related child care expenses. 31.33On a motion to modify support, the needs of any child the31.34obligor has after the entry of the support order that is the31.35subject of a modification motion shall be considered as provided31.36by section 518.551, subdivision 5f.32.1(b) It is presumed that there has been a substantial change32.2in circumstances under paragraph (a) and the terms of a current32.3support order shall be rebuttably presumed to be unreasonable32.4and unfair if:32.5(1) the application of the child support guidelines in32.6section 518.551, subdivision 5, to the current circumstances of32.7the parties results in a calculated court order that is at least32.820 percent and at least $50 per month higher or lower than the32.9current support order;32.10(2) the medical support provisions of the order established32.11under section 518.171 are not enforceable by the public32.12authority or the obligee;32.13(3) health coverage ordered under section 518.171 is not32.14available to the child for whom the order is established by the32.15parent ordered to provide; or32.16(4) the existing support obligation is in the form of a32.17statement of percentage and not a specific dollar amount.32.18(c)(b) On a motion for modification of maintenance, 32.19 including a motion for the extension of the duration of a 32.20 maintenance award, the courtshallmust apply, in addition to 32.21 all other relevant factors, the factors for an award of 32.22 maintenance under section 518.552 that exist at the time of the 32.23 motion.On a motion for modification of support, the court:32.24(1) shall apply section 518.551, subdivision 5, and shall32.25not consider the financial circumstances of each party's spouse,32.26if any; and32.27(2) shall not consider compensation received by a party for32.28employment in excess of a 40-hour work week, provided that the32.29party demonstrates, and the court finds, that:32.30(i) the excess employment began after entry of the existing32.31support order;32.32(ii) the excess employment is voluntary and not a condition32.33of employment;32.34(iii) the excess employment is in the nature of additional,32.35part-time employment, or overtime employment compensable by the32.36hour or fractions of an hour;33.1(iv) the party's compensation structure has not been33.2changed for the purpose of affecting a support or maintenance33.3obligation;33.4(v) in the case of an obligor, current child support33.5payments are at least equal to the guidelines amount based on33.6income not excluded under this clause; and33.7(vi) in the case of an obligor who is in arrears in child33.8support payments to the obligee, any net income from excess33.9employment must be used to pay the arrearages until the33.10arrearages are paid in full.33.11(d)(c) A modification ofsupport ormaintenance, including 33.12 interest that accrued pursuant to section 548.091, may be made 33.13 retroactive only with respect to any period during which the 33.14 petitioning party has pending a motion for modification but only 33.15 from the date of service of notice of the motion on the 33.16 responding party and on the public authority if public 33.17 assistance is being furnished or the county attorney is the 33.18 attorney of record. However, modification may be applied to an 33.19 earlier period if the court makes express findings that: 33.20 (1) the party seeking modification was precluded from 33.21 serving a motion by reason of a significant physical or mental 33.22 disability, a material misrepresentation of another party, or 33.23 fraud upon the court and that the party seeking modification, 33.24 when no longer precluded, promptly served a motion; 33.25 (2) the party seeking modification was a recipient of 33.26 federal Supplemental Security Income (SSI), Title II Older 33.27 Americans, Survivor's Disability Insurance (OASDI), other 33.28 disability benefits, or public assistance based upon need during 33.29 the period for which retroactive modification is sought; 33.30 (3) the order for which the party seeks amendment was 33.31 entered by default, the party shows good cause for not 33.32 appearing, and the record contains no factual evidence, or 33.33 clearly erroneous evidence regarding the individual obligor's 33.34 ability to pay; or 33.35 (4) the party seeking modification was institutionalized or 33.36 incarcerated for an offense other than nonsupport of a child 34.1 during the period for which retroactive modification is sought 34.2 and lacked the financial ability to pay the support ordered 34.3 during that time period. In determining whether to allow the 34.4 retroactive modification, the court shall consider whether and 34.5 when a request was made to the public authority for support 34.6 modification. 34.7The court may provide that a reduction in the amount allocated34.8for child care expenses based on a substantial decrease in the34.9expenses is effective as of the date the expenses decreased.34.10(e)(d) Except for an award of the right of occupancy of 34.11 the homestead, provided inunder section 518.63, all divisions 34.12 of real and personal property provided by section 518.58shall34.13beare final, and may be revoked or modified onlywhereif the 34.14 court finds the existence of conditions that justify reopening a 34.15 judgment under the laws of this state, including motions under 34.16 section 518.145, subdivision 2. The court may impose a lien or 34.17 charge on the divided property at any time while the property, 34.18 or subsequently acquired property, is owned by the parties or 34.19 either of them, for the payment of maintenance or supportmoney,34.20 or may sequester the propertyas is provided byunder section 34.21 518.24. 34.22(f)(e) The court need not hold an evidentiary hearing on a 34.23 motion for modification of maintenance or support. 34.24(g)(f) Section 518.14shall governgoverns the award of 34.25 attorney fees for motions brought under this subdivision. 34.26 Sec. 36. Minnesota Statutes 2000, section 518.641, as 34.27 amended by Laws 2001, First Special Session chapter 9, article 34.28 12, sections 15, 16, 17, 18, and 20, is amended to read: 34.29 518.641 [COST-OF-LIVING ADJUSTMENTS IN MAINTENANCEOR CHILD34.30SUPPORTORDER.] 34.31 Subdivision 1. [REQUIREMENT.] (a) An order establishing, 34.32 modifying, or enforcing maintenanceor child support shallmust 34.33 provide for a biennial adjustment in the amount to be paid based 34.34 on a change in the cost of living. An order that provides for a 34.35 cost-of-living adjustmentshallmust specify the cost-of-living 34.36 index to be applied and the date on which the cost-of-living 35.1 adjustmentshall becomebecomes effective. The court may use 35.2 the consumer price index for all urban consumers, 35.3 Minneapolis-St. Paul (CPI-U), the consumer price index for wage 35.4 earners and clerical, Minneapolis-St. Paul (CPI-W), or another 35.5 cost-of-living index published by the department of labor which 35.6 it specifically finds is more appropriate. Cost-of-living 35.7 increases under this sectionshallmust be compounded. The 35.8 court may also increase the amount by more than the 35.9 cost-of-living adjustment by agreement of the parties or by 35.10 making further findings. 35.11 (b) The adjustment becomes effective on the first of May of 35.12 the year in which it is made, for cases in which payment is made 35.13 to the public authority. For cases in which payment is not made 35.14 to the public authority, application for an adjustment may be 35.15 made in any month but no application for an adjustment may be 35.16 made sooner than two years after the date of the dissolution 35.17 decree. A court may waive the requirement of the cost-of-living 35.18 clause if it expressly finds that the obligor's occupation or 35.19 income, or both, does not provide for a cost-of-living 35.20 adjustment or that the order for maintenanceor child support35.21 has a provision such as a step increase that has the effect of a 35.22 cost-of-living clause. The court may waive a cost-of-living 35.23 adjustment in a maintenance order if the parties so agree in 35.24 writing.The commissioner of human services may promulgate35.25rules for child support adjustments under this section in35.26accordance with the rulemaking provisions of chapter 14.Notice 35.27 of this statute must comply with section 518.68, subdivision 2. 35.28 Subd. 2. [NOTICE.] No adjustment under this section may be 35.29 made unless the order provides for it and the notice provisions 35.30 of this subdivision are followed. The public authority or the 35.31 obligee, if the obligee is requesting the cost-of-living 35.32 adjustment,sendsmust send notice of the intended adjustment to 35.33 the obligor at the obligor's last known address at least 20 days 35.34 before the effective date of the adjustment. The noticeshall35.35 must inform the obligor of the date on which the adjustmentwill35.36becomebecomes effective and the procedures for contesting the 36.1 adjustment. 36.2 Subd. 2a. [PROCEDURES FOR CONTESTING ADJUSTMENT.] (a) To 36.3 contest cost-of-living adjustments initiated by the public 36.4 authority or an obligee who has applied for or is receiving 36.5child support andmaintenance collection services from the 36.6 public authority, other than income withholding only services, 36.7 the obligor, before the effective date of the adjustment, must: 36.8 (1) file a motion contesting the cost-of-living adjustment 36.9 with the court administrator; and 36.10 (2) serve the motion by first-class mail on the public 36.11 authority and the obligee. 36.12 The hearingshallmust take place in the expedited child 36.13 support process as governed by section 484.702. 36.14 (b) To contest cost-of-living adjustments initiated by an 36.15 obligee who is not receivingchild support andmaintenance 36.16 collection services from the public authority, orforby an 36.17 obligee who receives income withholding only services from the 36.18 public authority, the obligor must, before the effective date of 36.19 the adjustment: 36.20 (1) file a motion contesting the cost-of-living adjustment 36.21 with the court administrator; and 36.22 (2) serve the motion by first-class mail on the obligee. 36.23 The hearingshallmust take place in district court. 36.24 (c) Upon receipt of a motion contesting the cost-of-living 36.25 adjustment, the cost-of-living adjustmentshallmust be stayed 36.26 pending further order of the court. 36.27 (d) The court administratorshallmust make available pro 36.28 se motion forms for contesting a cost-of-living adjustment under 36.29 this subdivision. 36.30 Subd. 3. [RESULT OF HEARING.] If, at a hearing pursuant to 36.31 this section, the obligor establishes an insufficient cost of 36.32 living or other increase in income that prevents fulfillment of 36.33 the adjusted maintenanceor child supportobligation, the court 36.34 or child support magistrate may direct that all or part of the 36.35 adjustment not take effect. If, at the hearing, the obligor 36.36 does not establish this insufficient increase in income, the 37.1 adjustmentshallmust take effect as of the date it would have 37.2 become effective had no hearing been requested. 37.3 Sec. 37. Minnesota Statutes 2000, section 518.642, is 37.4 amended to read: 37.5 518.642 [OVERPAYMENTS.] 37.6 Ifchild support ormaintenance is not assigned under 37.7 section 256.741,and an obligor has overpaid achild support or37.8 maintenance obligation because of a modification or error in the 37.9 amount owed, the public authorityshallmust: 37.10 (1) apply the amount of the overpayment to reduce the 37.11 amount of anychild support ormaintenance-related arrearages or 37.12 debts owed to the obligee; and 37.13 (2) if an overpayment exists after the reduction of any 37.14 arrearage or debt, reduce the amount of thechild37.15supportmaintenance remitted to the obligee by an amount no 37.16 greater than 20 percent of the current monthlysupport or37.17 maintenance obligation and remit this amount to the obligor 37.18 until the overpayment is reduced to zero. 37.19 Sec. 38. [518.643] [MAINTENANCE PAYMENT ENFORCEMENT.] 37.20 The enforcement requirements and procedures in sections 37.21 517C.35, subdivision 1, 517C.52 to 517C.62, 517C.64, 517C.72, 37.22 517C.74, 517C.75, 517C.76, 517C.78, and 517C.79, apply to 37.23 maintenance payments as well as child support obligations. 37.24 Sec. 39. Minnesota Statutes 2000, section 518.646, is 37.25 amended to read: 37.26 518.646 [NOTICE OF ORDER.] 37.27Whenever these laws requireIf a law requires service of a 37.28 court's order on an employer, union, or payor of funds, service 37.29 of a verified notice of order may be made in lieuthereofof the 37.30 order. The verified noticeshallmust contain the title of the 37.31 action, the name of the court, the court file number, the date 37.32 of the court order, andshall recitethe operative provisions of 37.33 the order. 37.34 Sec. 40. Minnesota Statutes 2000, section 518.65, is 37.35 amended to read: 37.36 518.65 [PROPERTY; SALE, PARTITION.] 38.1 In order to effect a division or award of propertyas is38.2provided byunder section 518.58, the court may order property 38.3 sold or partitioned. Personal property may be ordered sold in 38.4 the manner directed by the court,and real estate may be 38.5 partitioned in the manner provided by Minnesota Statutes 1949, 38.6 chapter 558. 38.7 Sec. 41. [INSTRUCTION TO REVISOR.] 38.8 The revisor of statutes must renumber the sections in 38.9 Minnesota Statutes listed in column A as indicated in column B 38.10 and correct cross-references to those sections throughout 38.11 Minnesota Statutes and Minnesota Rules. 38.12 A B 38.13 518.002 517A.02, subd. 5 38.14 518.003 517A.01 38.15 518.005 517A.02 38.16 518.01 517A.05 38.17 518.02 517A.08 38.18 518.03 517A.09 38.19 518.04 517A.10 38.20 518.05 517A.11 38.21 518.055 517A.12 38.22 518.06 517A.15 38.23 518.07 517A.16 38.24 518.09 517A.17 38.25 518.091 517A.18 38.26 518.10 517A.19 38.27 518.11 517A.20 38.28 518.12 517A.21 38.29 518.13 517A.22 38.30 518.131 517A.03 38.31 518.14 517A.04 38.32 518.145 517A.23 38.33 518.146 517A.24 38.34 518.148 517A.26 38.35 518.191 517A.27 38.36 518.195 517A.28 39.1 518.24 517A.29 39.2 518.25 517A.30 39.3 518.27 517A.31 39.4 518.54, subd. 1 517A.32, subd. 1 39.5 518.54, subd. 2a 517A.32, subd. 2 39.6 518.54, subd. 2b 517A.32, subd. 3 39.7 518.54, subd. 3 517A.32, subd. 4 39.8 518.54, subd. 4 517A.32, subd. 5 39.9 518.54, subd. 5 517A.32, subd. 6 39.10 518.54, subd. 6 517A.32, subd. 7 39.11 518.54, subd. 7 517A.32, subd. 8 39.12 518.54, subd. 8 517A.32, subd. 9 39.13 518.54, subd. 9 517A.32, subd. 10 39.14 518.54, subd. 10 517A.32, subd. 11 39.15 518.54, subd. 11 517A.32, subd. 12 39.16 518.54, subd. 12 517A.32, subd. 13 39.17 518.55 517A.34 39.18 518.552 517A.33 39.19 518.58 517A.35 39.20 518.581 517A.36 39.21 518.582 517A.37 39.22 518.583 517A.38 39.23 518.62 517A.40 39.24 518.63 517A.41 39.25 518.64 517A.42 39.26 518.641, subd. 1 517A.43, subd. 1 39.27 518.641, subd. 2 517A.43, subd. 2 39.28 518.641, subd. 2a 517A.43, subd. 2a 39.29 518.641, subd. 3 517A.43, subd. 3 39.30 518.642 517A.44 39.31 518.646 517A.06 39.32 518.65 517A.46 39.33 518.68 517A.07 39.34 Sec. 42. [REPEALER.] 39.35 Minnesota Statutes 2000, section 518.64, subdivisions 4, 39.36 4a, and 5, are repealed. 40.1 ARTICLE 2 40.2 CUSTODY, PARENTING TIME, AND VISITATION 40.3 GENERAL 40.4 Section 1. [517B.01] [DEFINITIONS.] 40.5 Subdivision 1. [SCOPE.] The definitions in this section 40.6 apply to this chapter. 40.7 Sec. 2. [517B.03] [TEMPORARY ORDERS RELATING TO CUSTODY 40.8 AND PARENTING TIME.] 40.9 (a) A temporary order for custody or parenting time may be 40.10 sought under section 517A.03. 40.11 (b) A party seeking a temporary custody order must submit 40.12 with moving papers an affidavit setting forth facts supporting 40.13 the requested order. The party must give notice and a copy of 40.14 the affidavit to other parties to the proceeding, who may file 40.15 opposing affidavits. 40.16 Sec. 3. [517B.04] [CUSTODY AND PARENTING TIME NOTICES.] 40.17 A court order or judgment and decree concerning custody of 40.18 or parenting time with a minor child must contain the notice set 40.19 out in section 517C.99, subdivision 3. 40.20 Sec. 4. [517B.05] [ATTORNEY FEES, COSTS, AND 40.21 DISBURSEMENTS.] 40.22 Attorney fees, costs, and disbursements must be awarded in 40.23 a proceeding under this chapter as provided by section 517A.04. 40.24 Sec. 5. [517B.17] [CUSTODY OF CHILDREN.] 40.25 Subdivision 1. [CUSTODY ORDER.] Upon adjudging the nullity 40.26 of a marriage, in a dissolution or legal separation proceeding, 40.27 or in a child custody proceeding, the court must make a further 40.28 order as it deems just and proper concerning: 40.29 (1) the legal custody of each minor child of the parties, 40.30 which must be sole or joint; and 40.31 (2) their physical custody and residence. 40.32 Subd. 2. [STANDARD; PREFERENCE PROHIBITED.] In determining 40.33 custody, the court must consider the best interests of the child 40.34 and must not prefer one parent over the other solely on the 40.35 basis of the sex of the parent. 40.36 Subd. 3. [THE BEST INTERESTS OF THE CHILD; FACTORS.] "The 41.1 best interests of the child" means all relevant factors to be 41.2 considered and evaluated by the court including: 41.3 (1) the wishes of the child's parent or parents as to 41.4 custody; 41.5 (2) the reasonable preference of the child, if the court 41.6 deems the child to be of sufficient age to express a preference; 41.7 (3) the child's primary caretaker; 41.8 (4) the intimacy of the relationship between each parent 41.9 and the child; 41.10 (5) the interaction and interrelationship of the child with 41.11 a parent or parents, siblings, and any other person who may 41.12 significantly affect the child's best interests; 41.13 (6) the child's adjustment to home, school, and community; 41.14 (7) the length of time the child has lived in a stable, 41.15 satisfactory environment and the desirability of maintaining 41.16 continuity; 41.17 (8) the permanence, as a family unit, of the existing or 41.18 proposed home; 41.19 (9) the mental and physical health of all individuals 41.20 involved; except that a disability, as defined in section 41.21 363.01, of a parent or the child is not determinative of the 41.22 custody of the child, unless the proposed custodial arrangement 41.23 is not in the best interest of the child; 41.24 (10) the capacity and disposition of the parties to give 41.25 the child love, affection, and guidance, and to continue 41.26 educating and raising the child in the child's culture and 41.27 religion or creed, if any; 41.28 (11) the child's cultural background; 41.29 (12) the effect on the child of the actions of an abuser, 41.30 if related to domestic abuse, as defined in section 518B.01, 41.31 that has occurred between the parents or between a parent and 41.32 another individual, whether or not the individual alleged to 41.33 have committed domestic abuse is or ever was a family or 41.34 household member of the parent; 41.35 (13) except in cases in which a finding of domestic abuse 41.36 as defined in section 518B.01 has been made, the disposition of 42.1 each parent to encourage and permit frequent and continuing 42.2 contact by the other parent with the child; and 42.3 (14) evidence of a violation of section 609.507. 42.4 Subd. 4. [BEST INTERESTS DETERMINATION.] The court must 42.5 make detailed findings on each of the factors in subdivision 3 42.6 and explain how the factors led to its conclusion and to the 42.7 determination of the best interests of the child. In 42.8 determining the best interests of a child, the court may not use 42.9 one factor in subdivision 3 to the exclusion of all others. The 42.10 primary caretaker factor may not be used as a presumption in 42.11 determining the best interests of the child. The court may not 42.12 consider conduct of a parent that does not affect the parent's 42.13 relationship to the child. 42.14 Sec. 6. [517B.18] [JOINT CUSTODY.] 42.15 Subdivision 1. [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 42.16 addition to the factors listed in section 517B.17, if either 42.17 joint legal or joint physical custody is sought, the court must 42.18 consider the following relevant factors: 42.19 (1) the ability of parents to cooperate in the rearing of 42.20 their child; 42.21 (2) methods for resolving disputes regarding any major 42.22 decision concerning the life of the child, and the parents' 42.23 willingness to use those methods; 42.24 (3) whether it would be detrimental to the child if one 42.25 parent were to have sole authority over the child's upbringing; 42.26 and 42.27 (4) whether domestic abuse, as defined in section 518B.01, 42.28 has occurred between the parents. 42.29 Subd. 2. [PRESUMPTIONS; FINDINGS.] (a) The court must use 42.30 a rebuttable presumption that upon request of either or both 42.31 parents, joint legal custody is in the best interests of the 42.32 child. However, the court must use a rebuttable presumption 42.33 that joint legal or physical custody is not in the best 42.34 interests of the child if domestic abuse, as defined in section 42.35 518B.01, has occurred between the parents. 42.36 (b) If the court awards joint legal or physical custody 43.1 over the objection of a parent, the court must make detailed 43.2 findings on each of the factors in this section and explain how 43.3 the factors led to its determination that joint custody would be 43.4 in the best interests of the child. 43.5 Subd. 3. [JOINT CUSTODY; SUPPORT GUIDELINES.] An award of 43.6 joint legal custody is not a reason for departure from the child 43.7 support guidelines in sections 517C.12 to 517C.16. 43.8 Sec. 7. [517B.19] [CUSTODY; ACCESS RIGHTS OF PARENTS; 43.9 LIMITATIONS.] 43.10 Subdivision 1. [ACCESS; LIMITATIONS.] (a) Whether sole or 43.11 joint legal custody is ordered, the court must grant the 43.12 following rights to each of the parties, unless specific 43.13 findings are made under section 517C.99, subdivision 1. Each 43.14 party: 43.15 (1) has the right of access to, and to receive copies of, a 43.16 minor child's school, medical, dental, religious training, and 43.17 other important records and information; 43.18 (2) has the right of access to information regarding health 43.19 or dental insurance available to a minor child; 43.20 (3) must keep the other party informed as to the name and 43.21 address of the school a minor child attends; 43.22 (4) must notify the other party, in the case of an accident 43.23 or serious illness of a minor child, of the accident or illness, 43.24 and the name of the health care provider and the place of 43.25 treatment; and 43.26 (5) has the right to reasonable access and telephone 43.27 contact with a minor child. 43.28 (b) Each party has the right to be informed by school 43.29 officials about a child's welfare, educational progress and 43.30 status, and to attend school and parent-teacher conferences. 43.31 The school is not required to hold a separate conference for 43.32 each party. 43.33 (c) The court may waive any of the rights under this 43.34 subdivision if it finds it is necessary to protect the welfare 43.35 of a party or child. 43.36 Sec. 8. Minnesota Statutes 2000, section 518.003, 44.1 subdivision 3, is amended to read: 44.2 Subd. 3. [CUSTODY.] Unless otherwise agreed by the parties: 44.3 (a) "Legal custody" means the right to determine the 44.4 child's upbringing, including education, health care, and 44.5 religious training. 44.6 (b) "Joint legal custody" means that both parents have 44.7 equal rights and responsibilities, including the right to 44.8 participate in major decisions determining the child's 44.9 upbringing, including education, health care, and religious 44.10 training. 44.11 (c) "Physical custody and residence" means the routine 44.12 daily care and control and the residence of the child. 44.13 (d) "Joint physical custody" means that the routine daily 44.14 care and control and the residence of the child is structured 44.15 between the parties. 44.16 (e)Wherever used in this chapter, the term"Custodial 44.17 parent" or "custodian" means the person who has the physical 44.18 custody of the child at any particular time. 44.19 (f) "Custody determination" means a court decision and 44.20 court orders and instructions providing for the custody of a 44.21 child, including parenting time, but does not include a decision 44.22 relating to child support or any other monetary obligation of 44.23 any person. 44.24 (g) "Custody proceeding" includes proceedings in which a 44.25 custody determination is one of several issues, such as an 44.26 action for dissolution, divorce, or separation, and includes 44.27 proceedings involving children who are in need of protection or 44.28 services, domestic abuse, and paternity. 44.29 Sec. 9. Minnesota Statutes 2001 Supplement, section 44.30 518.155, is amended to read: 44.31 518.155 [CUSTODYDETERMINATIONSAND PARENTING TIME 44.32 JURISDICTION.] 44.33 Notwithstanding any law to the contrary, a court in which a 44.34 proceeding for dissolution, legal separation, or child custody 44.35 has been commencedshallmust not issue, revise, modify or amend 44.36 any order, pursuant tosectionssection 518.131, 518.165, 45.1 518.168, 518.17, 518.175 or 518.18,whichthat affects the 45.2 custody of a minor child or the parenting time of a parent 45.3 unless the court has jurisdiction over the matterpursuant to45.4the provisions ofunder chapter 518D. 45.5 Sec. 10. Minnesota Statutes 2000, section 518.156, is 45.6 amended to read: 45.7 518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.] 45.8 Subdivision 1. [PROCEDURE.] In a court of this statewhich45.9 that has jurisdiction to decide child custody matters, a child 45.10 custody proceeding is commenced: 45.11 (a) by a parent 45.12 (1) by filing a petition for dissolution or legal 45.13 separation; or 45.14 (2)whereif a decree of dissolution or legal separation 45.15 has been entered or where none is sought, orwhenif paternity 45.16 has been recognized under section 257.75, by filing a petition 45.17 or motion seeking custody or parenting time with the child in 45.18 the county where the child is permanently resident or where the 45.19 child is found or where an earlier order for custody of the 45.20 child has been entered; or 45.21 (b) by a person other than a parent,whereif a decree of 45.22 dissolution or legal separation has been entered orwhereif 45.23 none is sought by filing a petition or motion seeking custody or 45.24 visitation of the child in the county where the child is 45.25 permanently resident or where the child is found or where an 45.26 earlier order for custody of the child has been entered. A 45.27 person seeking visitation pursuant to this paragraph must 45.28 qualify under one of the provisions of section 257.022. 45.29 Subd. 2. [REQUIRED NOTICE.] Written notice of a child 45.30 custody or parenting time or visitation proceedingshallmust be 45.31 given to the child's parent, guardian, and custodian, who may 45.32 appear and be heard and may file a responsive pleading. The 45.33 court may, upon a showing of good cause, permit the intervention 45.34 of other interested parties. 45.35 Sec. 11. Minnesota Statutes 2000, section 518.157, 45.36 subdivision 1, is amended to read: 46.1 Subdivision 1. [IMPLEMENTATION; ADMINISTRATION.]By46.2January 1, 1998,The chief judge of each judicial district or a 46.3 designeeshallmust implement one or more parent education 46.4 programs within the judicial district for the purpose of 46.5 educating parents about the impact that divorce, the 46.6 restructuring of families, and judicial proceedings have upon 46.7 children and families; methods for preventing parenting time 46.8 conflicts; and dispute resolution options. The chief judge of 46.9 each judicial district or a designee may require that children 46.10 attend a separate education program designed to deal with the 46.11 impact of divorce upon children as part of the parent education 46.12 program. Each parent education program must enable persons to 46.13 have timely and reasonable access to education sessions. 46.14 Sec. 12. Minnesota Statutes 2000, section 518.157, 46.15 subdivision 2, is amended to read: 46.16 Subd. 2. [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 46.17 court should promulgate minimum standards for the implementation 46.18 and administration of a parent education program. The chief 46.19 judge of each judicial district or a designeeshallmust submit 46.20 a plan to the Minnesota conference of chief judges for their 46.21 approval that is designed to implement and administer a parent 46.22 education program in the judicial district. The plan must be 46.23 consistent with the minimum standards promulgated by the 46.24 Minnesota supreme court. 46.25 Sec. 13. Minnesota Statutes 2000, section 518.157, 46.26 subdivision 3, is amended to read: 46.27 Subd. 3. [ATTENDANCE.] In a proceeding under this chapter 46.28 or sections 257.51 to 257.75 where custody or parenting time is 46.29 contested, the parents of a minor childshallmust attend an 46.30 orientation and education program that meets the minimum 46.31 standards promulgated by the Minnesota supreme court. In all 46.32 other proceedings involving custody, support, or parenting time 46.33 the court may order the parents of a minor child to attend a 46.34 parent education program. The programshallmust provide the 46.35 court with names of persons who fail to attend the parent 46.36 education program as ordered by the court. Persons who are 47.1 separated or contemplating involvement in a dissolution, 47.2 paternity, custody, or parenting time proceeding may attend a 47.3 parent education program without a court order. Participation 47.4 in a parent education program must occur as early as possible. 47.5 Parent education programs must offer an opportunity to 47.6 participate at all phases of a pending or postdecree 47.7 proceeding. Upon request of a party and a showing of good 47.8 cause, the court may excuse the party from attending the 47.9 program. If past or present domestic abuse, as defined in 47.10 chapter 518B, is alleged, the courtshallmust not require the 47.11 parties to attend the same parent education sessions andshall47.12 must enter an order setting forth the manner in which the 47.13 parties may safely participate in the program. 47.14 Sec. 14. Minnesota Statutes 2000, section 518.157, 47.15 subdivision 5, is amended to read: 47.16 Subd. 5. [CONFIDENTIALITY.] Unless all parties agree in 47.17 writing, statements made by a party during participation in a 47.18 parent education program are inadmissible as evidence for any 47.19 purpose, including impeachment. No record may be made regarding 47.20 a party's participation in a parent education program, except a 47.21 record of attendance at and completion of the program as 47.22 required under this section. Instructorsshallmust not 47.23 disclose information regarding an individual participant 47.24 obtained as a result of participation in a parent education 47.25 program. Parent education instructors may not be subpoenaed or 47.26 called as witnesses in court proceedings. 47.27 Sec. 15. Minnesota Statutes 2000, section 518.157, 47.28 subdivision 6, is amended to read: 47.29 Subd. 6. [FEE.] Except as provided in this subdivision, 47.30 each person who attends a parent education programshallmust 47.31 pay a fee to defray the cost of the program. A party who 47.32 qualifies for waiver of filing fees under section 563.01 is 47.33 exempt from paying the parent education program fee and the 47.34 courtshallmust waive the fee or direct its payment under 47.35 section 563.01. Program providers shall implement a sliding fee 47.36 scale. 48.1 Sec. 16. Minnesota Statutes 2000, section 518.158, 48.2 subdivision 2, is amended to read: 48.3 Subd. 2. [EMERGENCY CUSTODY HEARING.] If the parent seeks 48.4 to remove the child from the home of the relative or if the 48.5 relative seeks to remove the child from the home of the parent 48.6 and the applicable factors in subdivision 1 exist, the relative 48.7 may apply for an ex parte temporary order for custody of the 48.8 child. The application must include an affidavit made under 48.9 oath that states with particularity the specific facts and 48.10 circumstances on which the application is based. The court 48.11shallmust grant temporary custody if it finds, based on the 48.12 application, that the applicable factors in subdivision 1 48.13 exist. If it finds that the factors in subdivision 1 do not 48.14 exist, the courtshallmust order that the child be returned to 48.15 or remain with the parent. An ex parte temporary custody order 48.16 under this subdivision is effective for a fixed period not to 48.17 exceed 14 days. A temporary custody hearing under this chapter 48.18 must be set for not later than seven days after issuance of the 48.19 ex parte temporary custody order, except that if the ex parte 48.20 temporary custody order is based on the grounds under 48.21 subdivision 1, paragraph (b), clause (2), the temporary custody 48.22 hearing must be set for not later than 72 hours, excluding 48.23 Saturdays, Sundays, and holidays, after issuance of the order. 48.24 The parent must be promptly served with a copy of the ex parte 48.25 order and the petition and notice of the date for the hearing. 48.26 Sec. 17. Minnesota Statutes 2000, section 518.158, 48.27 subdivision 4, is amended to read: 48.28 Subd. 4. [RETURN TO PARENT.] If the court orders permanent 48.29 custody to a relative under this section, the courtshallmust 48.30 set conditions the parent must meet in order to obtain custody. 48.31 The court may notify the parent that the parent may request 48.32 assistance from the local social service agency in order to meet 48.33 the conditions set by the court. 48.34 Sec. 18. Minnesota Statutes 2000, section 518.165, is 48.35 amended to read: 48.36 518.165 [GUARDIANS FOR MINOR CHILDREN.] 49.1 Subdivision 1. [PERMISSIVE APPOINTMENT OF GUARDIAN AD 49.2 LITEM.] In all proceedings for child custody or for dissolution 49.3 or legal separation where custody or parenting time with a minor 49.4 child is in issue, the court may appoint a guardian ad litem 49.5 from a panel established by the court to represent the interests 49.6 of the child. The guardian ad litemshallmust advise the court 49.7 with respect to custody, support, and parenting time. 49.8 Subd. 2. [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] In 49.9 all proceedings for child custody or for marriage dissolution or 49.10 legal separation in which custody or parenting time with a minor 49.11 child is an issue, if the court has reason to believe that the 49.12 minor child is a victim of domestic child abuse or neglect, as 49.13 those terms are defined in sections 260C.007 and 626.556, 49.14 respectively, the courtshallmust appoint a guardian ad litem. 49.15 The guardian ad litemshallmust represent the interests of the 49.16 child and advise the court with respect to custody, support, and 49.17 parenting time. If the child is represented by a guardian ad 49.18 litem in any other pending proceeding, the court may appoint 49.19 that guardian to represent the child in the custody or parenting 49.20 time proceeding. No guardian ad litem need be appointed if the 49.21 alleged domestic child abuse or neglect is before the court on a 49.22 juvenile dependency and neglect petition. Nothing in this 49.23 subdivision requires the court to appoint a guardian ad litem in 49.24 any proceeding for child custody, marriage dissolution, or legal 49.25 separation in which an allegation of domestic child abuse or 49.26 neglect has not been made. 49.27 Subd. 2a. [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 49.28 guardian ad litemshallmust carry out the following 49.29 responsibilities: 49.30 (1) conduct an independent investigation to determine the 49.31 facts relevant to the situation of the child and the family, 49.32 which must include, unless specifically excluded by the court, 49.33 reviewing relevant documents; meeting with and observing the 49.34 child in the home setting and considering the child's wishes, as 49.35 appropriate; and interviewing parents, caregivers, and others 49.36 with knowledge relevant to the case; 50.1 (2) advocate for the child's best interests by 50.2 participating in appropriate aspects of the case and advocating 50.3 for appropriate community services when necessary; 50.4 (3) maintain the confidentiality of information related to 50.5 a case, with the exception of sharing information as permitted 50.6 by law to promote cooperative solutions that are in the best 50.7 interests of the child; 50.8 (4) monitor the child's best interests throughout the 50.9 judicial proceeding; and 50.10 (5) present written reports on the child's best interests 50.11 that include conclusions and recommendations and the facts upon 50.12 which they are based. 50.13 Subd. 3. [FEES.] (a) A guardian ad litem appointed under 50.14 either subdivision 1 or 2 may be appointed either as a volunteer 50.15 or on a fee basis. If a guardian ad litem is appointed on a fee 50.16 basis, the courtshallmust enter an order for costs, fees, and 50.17 disbursements in favor of the child's guardian ad litem. The 50.18 order may be made against either or both parties, except that 50.19 any part of the costs, fees, or disbursements which the court 50.20 finds the parties are incapable of payingshallmust be borne by 50.21 the state courts. The costs of court-appointed counsel to the 50.22 guardian ad litemshallmust be paid by the county in which the 50.23 proceeding is being held if a party is incapable of paying for 50.24 them. Until the recommendations of the task force created in 50.25 Laws 1999, chapter 216, article 7, section 42, are implemented, 50.26 the costs of court-appointed counsel to a guardian ad litem in 50.27 the eighth judicial districtshallmust be paid by the state 50.28 courts if a party is incapable of paying for them. In no event 50.29 may the court order that costs, fees, or disbursements be paid 50.30 by a party receiving public assistance or legal assistance or by 50.31 a party whose annual income falls below the poverty line as 50.32 established under United States Code, title 42, section 9902(2). 50.33 (b) In each fiscal year, the state treasurershallmust 50.34 deposit guardian ad litem reimbursements in the general fund and 50.35 credit them to a separate account with the trial courts. The 50.36 balance of this account is appropriated to the trial courts and 51.1 does not cancel but is available until expended. Expenditures 51.2 by the state court administrator's office from this account must 51.3 be based on the amount of the guardian ad litem reimbursements 51.4 received by the state from the courts in each judicial district. 51.5 Sec. 19. Minnesota Statutes 2000, section 518.166, is 51.6 amended to read: 51.7 518.166 [INTERVIEWS.] 51.8 The court may interview the child in chambers to ascertain 51.9 the child's reasonable preferenceas to custodianregarding with 51.10 which parent the child would reside, if the court deems the 51.11 child to be of sufficient age to express preference. The 51.12 courtshallmust permit counsel to be present at the interview 51.13 andshallmust permit counsel to propound reasonable questions 51.14 to the child either directly or through the court. The 51.15 courtshallmust cause a record of the interview to be made and 51.16 to be made part of the record in the case unless waived by the 51.17 parties. 51.18 In contested custody proceedings, and in other custody 51.19 proceedings if a parent or the child's custodian requests, the 51.20 court may seek the recommendations of professional personnel 51.21 whether or not they are employed on a regular basis by the 51.22 court. The recommendationsgiven shallmust be in writing and 51.23shallmust be made available by the court to counsel upon 51.24 request. Counsel may call for cross-examination of professional 51.25 personnel consulted by the court. 51.26 Sec. 20. Minnesota Statutes 2000, section 518.167, 51.27 subdivision 3, is amended to read: 51.28 Subd. 3. [AVAILABILITY TO COUNSEL.] The courtshallmust 51.29 mail the investigator's report to counsel and to any party not 51.30 represented by counsel at least ten days before the hearing. 51.31 The investigatorshallmust maintain and, upon request, make 51.32 available to counsel and to a party not represented by counsel 51.33 the investigator's file of underlying data and reports, complete 51.34 texts of diagnostic reports made to the investigator pursuant to 51.35 the provisions of subdivision 2, and the names and addresses of 51.36 all persons whom the investigator has consulted.The52.1investigator and any person the investigator has consulted is52.2subject to other pretrial discovery in accordance with the52.3requirements of the Minnesota Rules of Civil Procedure.52.4Mediation proceedings are not subject to discovery without52.5written consent of both parties. A party to the proceeding may52.6call the investigator and any person whom the investigator has52.7consulted for cross-examination at the hearing. A party may not52.8waive the right of cross-examination before the hearing.52.9 Sec. 21. Minnesota Statutes 2000, section 518.167, 52.10 subdivision 4, is amended to read: 52.11 Subd. 4. [USE ATDISCOVERY; HEARING.] The investigator and 52.12 any person the investigator has consulted is subject to other 52.13 pretrial discovery in accordance with the requirements of the 52.14 Minnesota Rules of Civil Procedure. Mediation proceedings are 52.15 not subject to discovery without written consent of both 52.16 parties. A party to the proceeding may call the investigator 52.17 and any person whom the investigator has consulted for 52.18 cross-examination at the hearing. A party may not waive the 52.19 right of cross-examination before the hearing. The 52.20 investigator's report may be received in evidence at the hearing. 52.21 Sec. 22. Minnesota Statutes 2000, section 518.167, 52.22 subdivision 5, is amended to read: 52.23 Subd. 5. [COSTS.] The courtshallmust order all or part 52.24 of the cost of the investigation and report to be paid by either 52.25 or both parties, based on their ability to pay. Any part of the 52.26 cost that the court finds the parties are incapable of paying 52.27 must be borne by thecounty welfarelocal social services agency 52.28 or department of court services that performs the 52.29 investigation. The court may not order costs under this 52.30 subdivision to be paid by a party receiving public assistance or 52.31 legal assistance from a qualified legal services program or by a 52.32 party whose annual income falls below the poverty line under 52.33 United States Code, title 42, section 9902(2). 52.34 Sec. 23. Minnesota Statutes 2000, section 518.168, is 52.35 amended to read: 52.36 518.168 [HEARINGS.] 53.1 (a) Custody proceedingsshallmust receive priority in 53.2 being set for hearing. 53.3 (b) The court may tax as costs the payment of necessary 53.4 travel and other expenses incurred by a person whose presence at 53.5 the hearing the court deems necessary to determine the best 53.6 interests of the child. 53.7 (c) The court without a juryshallmust determine questions 53.8 of law and fact. If it finds that a public hearing may be 53.9 detrimental to the child's best interests, the court may exclude 53.10 the public from a custody hearing, but may admit any person who 53.11 has a direct interest in the particular case. 53.12 (d) If the court finds it necessary for the protection of 53.13 the child's welfare that the record of an interview, report, 53.14 investigation, or testimony in a custody proceeding not bekept53.15secretdisclosed, the court may make an appropriate order 53.16 sealing the record. 53.17 Sec. 24. Minnesota Statutes 2000, section 518.1705, 53.18 subdivision 6, is amended to read: 53.19 Subd. 6. [RESTRICTIONS ON PREPARATION AND CONTENT OF 53.20 PARENTING PLAN.] (a) Dispute resolution processes other than the 53.21 judicial process may not be required in the preparation of a 53.22 parenting plan if a parent is alleged to have committed domestic 53.23 abuse toward a parent or child who is a party to, or subject of, 53.24 the matter before the court. In these cases, the courtshall53.25 must consider the appointment of a guardian ad litem and a 53.26 parenting plan evaluator. 53.27 (b) The court may not require a parenting plan that 53.28 provides for joint legal custody or use of dispute resolution 53.29 processes, other than the judicial process,if the court finds 53.30 that section 518.179 applies, or the court finds that either 53.31 parent has engaged in the following toward a parent or child who 53.32 is a party to, or subject of, the matter before the court: 53.33 (1) acts of domestic abuse, including physical harm, bodily 53.34 injury, and infliction of fear of physical harm, assault, 53.35 terroristic threats, or criminal sexual conduct; 53.36 (2) physical, sexual, or a pattern of emotional abuse of a 54.1 child; or 54.2 (3) willful abandonment that continues for an extended 54.3 period of time or substantial refusal to perform parenting 54.4 functions. 54.5 Sec. 25. Minnesota Statutes 2001 Supplement, section 54.6 518.175, is amended to read: 54.7 518.175 [PARENTING TIME.] 54.8 Subdivision 1. [GENERAL.] (a) In all proceedings for 54.9 dissolution or legal separation, subsequent to the commencement 54.10 of the proceeding and continuing thereafter during the minority 54.11 of the child, the courtshallmust, upon the request of either 54.12 parent, grantsuchparenting time on behalf of the child and a 54.13 parentasthat will enable the child and the parent to maintain 54.14 a child to parent relationship that will be in the best 54.15 interests of the child. 54.16 If the court finds, after a hearing, that parenting time 54.17 with a parent is likely to endanger the child's physical or 54.18 emotional health or impair the child's emotional development, 54.19 the courtshallmust restrict parenting time with that parent as 54.20 to time, place, duration, or supervision and may deny parenting 54.21 time entirely, as the circumstances warrant. The courtshall54.22 must consider the age of the child and the child's relationship 54.23 with the parentprior tobefore the commencement of the 54.24 proceeding. 54.25 A parent's failure to pay support because of the parent's 54.26 inability to do soshallis notbesufficient cause for denial 54.27 of parenting time. 54.28 (b) The court may provide that a law enforcement officer or 54.29 other appropriate person will accompany a party seeking to 54.30 enforce or comply with parenting time. 54.31 (c) Upon request of either party, to the extent practicable 54.32 an order for parenting time must include a specific schedule for 54.33 parenting time, including the frequency and duration of 54.34 visitation and visitation during holidays and vacations, unless 54.35 parenting time is restricted, denied, or reserved. 54.36 (d) The court administratorshallmust provide a form for a 55.1 pro se motion regarding parenting time disputes, whichincludes55.2 must include provisions for indicating the relief requested, an 55.3 affidavit in which the party may state the facts of the dispute, 55.4 and a brief description of the parenting time expeditor process 55.5 under section 518.1751. The form may not include a request for 55.6 a change of custody. The courtshallmust provide instructions 55.7 on serving and filing the motion. 55.8 Subd. 1a. [DOMESTIC ABUSE; SUPERVISED PARENTING TIME.] (a) 55.9 If a parent requests supervised parenting time under subdivision 55.10 1 or 5 and an order for protection under chapter 518B or a 55.11 similar law of another state is in effect against the other 55.12 parent to protect the child or the parent with whom the child 55.13 residesor the child, the judge or judicial officer must 55.14 consider the order for protection in making a decision regarding 55.15 parenting time. 55.16 (b) The state court administrator, in consultation with 55.17 representatives of parents and other interested persons,shall55.18 must develop standards to be met by persons who are responsible 55.19 for supervising parenting time. Either parent may challenge the 55.20 appropriateness of an individual chosen by the court to 55.21 supervise parenting time. 55.22 Subd. 2. [RIGHTS OF CHILDREN AND PARENTS.] Upon the 55.23 request of either parent, the court may inform any child of the 55.24 parties, if eight years of age or older, or otherwise of an age 55.25 of suitable comprehension, of the rights of the child and each 55.26 parent under the order or decree or any substantial amendment 55.27thereofof it. The parent with whom the child residesshall55.28 must present the child for parenting time with the other parent, 55.29 atsuchthe timesasthe court directs. 55.30 Subd. 3. [MOVE TO ANOTHER STATE.] The parent with whom the 55.31 child residesshallmust not move the child's residenceof the55.32childto another state except upon order of the court or with 55.33 the consent of the other parent, if the other parent has been 55.34 given parenting time by the decree. If the purpose of the move 55.35 is to interfere with parenting time given to the other parent by 55.36 the decree, the courtshallmust not permit the child's 56.1 residence to be moved to another state. 56.2 Subd. 5. [MODIFICATION OF PARENTING PLAN OR ORDER FOR 56.3 PARENTING TIME.] (a) If modification would serve the best 56.4 interests of the child, the courtshallmust modify the 56.5 decision-making provisions of a parenting plan or an order 56.6 granting or denying parenting time, if the modification would 56.7 not change the child's primary residence. Except as provided in 56.8 section 631.52, the court may not restrict parenting time unless 56.9 it finds that: 56.10 (1) parenting time is likely to endanger the child's 56.11 physical or emotional health or impair the child's emotional 56.12 development; or 56.13 (2) the parent has chronically and unreasonably failed to 56.14 comply with court-ordered parenting time. 56.15 (b) If a parent makes specific allegations that parenting 56.16 time by the other parent places the parent or child in danger of 56.17 harm, the courtshallmust hold a hearing at the earliest 56.18 possible time to determine the need to modify the order granting 56.19 parenting time. Consistent with subdivision 1a, the court may 56.20 require a third party, including the local social services 56.21 agency, to supervise the parenting time or may restrict a 56.22 parent's parenting time if necessary to protect the other parent 56.23 or child from harm. If there is an existing order for 56.24 protection governing the parties, the courtshallmust consider 56.25 the use of an independent, neutral exchange location for 56.26 parenting time. 56.27 Subd. 6. [REMEDIES.] (a) The court may provide for one or 56.28 more of the following remedies for denial of or interference 56.29 with court-ordered parenting time as provided under this 56.30 subdivision. All parenting time orders must include notice of 56.31 the provisions of this subdivision. 56.32 (b) If the court finds that apersonparent has been 56.33 deprived of court-ordered parenting time, the courtshallmust 56.34 order the parent who has interfered to allow compensatory 56.35 parenting time to the other parent or the courtshallmust make 56.36 specific findings as to why a request for compensatory parenting 57.1 time is denied. If compensatory parenting time is awarded, 57.2 additional parenting time must be: 57.3 (1) at least of the same type and duration as the deprived 57.4 parenting time and, at the discretion of the court, may be in 57.5 excess of or of a different type than the deprived parenting 57.6 time; 57.7 (2) taken within one year after the deprived parenting 57.8 time; and 57.9 (3) at a time acceptable to the parent deprived of 57.10 parenting time. 57.11 (c) If the court finds that a party has wrongfully failed 57.12 to comply with a parenting time order or a binding agreement or 57.13 decision under section 518.1751, the court may: 57.14 (1) impose a civil penalty of up to $500 on the party; 57.15 (2) require the party to post a bond with the court for a 57.16 specified period of time to secure the party's compliance; 57.17 (3) award reasonable attorney's fees and costs; 57.18 (4) require the party who violated the parenting time order 57.19 or binding agreement or decision of the parenting time expeditor 57.20 to reimburse the other party for costs incurred as a result of 57.21 the violation of the orderor, agreement, or decision; or 57.22 (5) award any other remedy that the court finds to be in 57.23 the best interests of the children involved. 57.24 A civil penalty imposed under this paragraph must be 57.25 deposited in the county general fund and must be used to fund 57.26 the costs of a parenting time expeditor program in a county with 57.27 this program. In other counties, the civil penalty must be 57.28 deposited in the state general fund. 57.29 (d) If the court finds that a party has been denied 57.30 parenting time and has incurred expenses in connection with the 57.31 denied parenting time, the court may require the party who 57.32 denied parenting time to post a bond in favor of the other party 57.33 in the amount of prepaid expenses associated with upcoming 57.34 planned parenting time. 57.35 (e) Proof of an unwarranted denial of or interference with 57.36 duly established parenting time may constitute contempt of court 58.1 and may be sufficient cause for reversal of custody. 58.2 Subd. 7a. [GRANDPARENT VISITATION.] During a proceeding 58.3 for dissolution or legal separation, or at any time after 58.4 completion of the proceedings, and continuing during the child's 58.5 minority, the court may make an order granting visitation rights 58.6 to grandparents and other individuals as provided by section 58.7 257.022, subdivision 2. 58.8 Subd. 8. [ADDITIONAL PARENTING TIME FOR CHILD CARE 58.9PARENT.] The court may allow additional parenting time to a 58.10 parent to provide child care while the other parent is working 58.11 if this arrangement is reasonable and in the best interests of 58.12 the child, as defined in section 518.17, subdivision 1. In 58.13 addition, the courtshallmust consider: 58.14 (1) the ability of the parents to cooperate; 58.15 (2) methods for resolving disputes regarding the care of 58.16 the child, and the parents' willingness to use those methods; 58.17 and 58.18 (3) whether domestic abuse, as defined in section 518B.01, 58.19 has occurred between the parties. 58.20 Sec. 26. Minnesota Statutes 2001 Supplement, section 58.21 518.1751, subdivision 1b, is amended to read: 58.22 Subd. 1b. [PURPOSE; DEFINITIONS.] (a) The purpose of a 58.23 parenting time expeditor is to resolve parenting time disputes 58.24 by enforcing, interpreting, clarifying, and addressing 58.25 circumstances not specifically addressed by an existing 58.26 parenting time order and, if appropriate, to make a 58.27 determination as to whether the existing parenting time order 58.28 has been violated. A parenting time expeditor may be appointed 58.29 to resolve a one-time parenting time dispute or to provide 58.30 ongoing parenting time dispute resolution services. 58.31 (b) For purposes of this section, "parenting time dispute" 58.32 means a disagreement among parties about parenting time with a 58.33 child, including a dispute about an anticipated denial of future 58.34 scheduled parenting time. "Parenting time dispute" includes a 58.35 claim by a parent that the other parent is not spending time 58.36 with a child as well as a claim by a parent that the other 59.1 parent is denying or interfering with parenting time. 59.2 (c) A "parenting time expeditor" is a neutral person 59.3 authorized to use a mediation-arbitration process to resolve 59.4 parenting time disputes. A parenting time expeditorshallmust 59.5 attempt to resolve a parenting time dispute by facilitating 59.6 negotiations between the parties to promote settlementand,. If 59.7 it becomes apparent that the dispute cannot be resolved by an 59.8 agreement of the parties, the parenting time expeditorshall59.9 must make a decision resolving the dispute. 59.10 Sec. 27. Minnesota Statutes 2000, section 518.1751, 59.11 subdivision 2, is amended to read: 59.12 Subd. 2. [APPOINTMENT.] (a) The parties may stipulate to 59.13 the appointment of a parenting time expeditor or a team of two 59.14 expeditors without appearing in court by submitting to the court 59.15 a written agreement identifying the names of the individuals to 59.16 be appointed by the court; the nature of the dispute; the 59.17 responsibilities of the parenting time expeditor, including 59.18 whether the expeditor is appointed to resolve a specific issue 59.19 or on an ongoing basis; the term of the appointment; and the 59.20 apportionment of fees and costs. The courtshallmust review 59.21 the agreement of the parties. 59.22 (b) If the parties cannot agree on a parenting time 59.23 expeditor, the courtshallmust provideto the partiesthem with 59.24 a copy of the court administrator's roster of parenting time 59.25 expeditors and require the parties to exchange the names of 59.26 three potential parenting time expeditors by a specific date. 59.27 If after exchanging names the parties are unable to agree upon a 59.28 parenting time expeditor, the courtshallmust select the 59.29parenting timeexpeditor and, in its discretion, may appoint one 59.30 expeditor or a team of twoexpeditors. In the selection process 59.31 the court must give consideration to the financial circumstances 59.32 of the parties and the fees of those being considered 59.33 asparenting timeexpeditors. Preference must be given to 59.34 persons who agree to volunteer their services or who will charge 59.35 a variable fee for services based on the ability of the parties 59.36 to pay for them. 60.1 (c) An order appointing a parenting time expeditor must 60.2 identify the name of the individual to be appointed, the nature 60.3 of the dispute, the responsibilities of the expeditor including 60.4 whether the expeditor is appointed to resolve a specific issue 60.5 or on an ongoing basis, the term of the appointment, the 60.6 apportionment of fees, and notice that if the parties are unable 60.7 to reach an agreement with the expeditor's assistanceof the60.8expeditor, the expeditor is authorized to make a decision 60.9 resolving the dispute which is binding upon the parties unless 60.10 modified or vacated by the court. 60.11 Sec. 28. Minnesota Statutes 2000, section 518.1751, 60.12 subdivision 2a, is amended to read: 60.13 Subd. 2a. [FEES.]Prior toBefore appointing the parenting 60.14 time expeditor, the courtshallmust give the parties notice 60.15 that the expeditor's feesof the expeditorwill be apportioned 60.16 among the parties. In its order appointing the expeditor, the 60.17 courtshallmust apportion the expeditor's feesof the expeditor60.18 among the parties, with each party bearing the portion of fees 60.19 that the court determines is just and equitable under the 60.20 circumstances. If a party files a pro se motion regarding a 60.21 parenting time dispute and there is notaan existing court 60.22 orderthat provides for apportionment ofapportioning the fees 60.23 of an expeditor, the court administrator may require the party 60.24 requestingtheappointment of an expeditor to pay the 60.25 expeditor's feesof the expeditorin advance. Neither party may 60.26 be required to submit a dispute toa visitationan expeditor if 60.27 the party cannot afford to payforthe feesof an expeditorand 60.28 an affordable expeditor is not available, unless the other party 60.29 agrees to pay the fees. After fees are incurred, a party may by 60.30 motion request that the fees be reapportioned on equitable 60.31 grounds. The court may consider the resources of the parties, 60.32 the nature of the dispute, and whether a party acted in bad 60.33 faith. The court may consider information from the expeditor in 60.34 determining bad faith. 60.35 Sec. 29. Minnesota Statutes 2000, section 518.1751, 60.36 subdivision 2b, is amended to read: 61.1 Subd. 2b. [ROSTER OF PARENTING TIME EXPEDITORS.]EachThe 61.2 court administratorshallmust maintain and make available 61.3 to judicial officers and the publicand judicial officersa 61.4 roster of individuals available to serve as parenting time 61.5 expeditors, including. The roster must include each 61.6 individual's name, address, telephone number, and fee charged, 61.7 if any. A court administratorshallmust not place on the 61.8 roster the name of an individual who has not completed the 61.9 training required in subdivision 2c. If the use ofa parenting61.10timean expeditor is initiated by stipulation of the parties, 61.11 the parties may agree upon a person to serve as an expeditor 61.12 even if that person has not completed the training described in 61.13 subdivision 2c. The court may appointa person to serveas an 61.14 expeditoreven if thea person who is not on the court 61.15 administrator's roster, but may not appoint a person who has not 61.16 completed the training described in subdivision 2c, unless so 61.17 stipulated by the parties. To maintain one's listing on a court 61.18 administrator's roster of parenting time expeditors, an 61.19 individualshallmust annually submit to the court administrator 61.20 proof of completion of continuing education requirements. 61.21 Sec. 30. Minnesota Statutes 2000, section 518.1751, 61.22 subdivision 2c, is amended to read: 61.23 Subd. 2c. [TRAINING AND CONTINUING EDUCATION 61.24 REQUIREMENTS.] To qualify for listing on a court administrator's 61.25 roster of parenting time expeditors, an individualshallmust 61.26 complete a minimum of 40 hours of family mediation training that 61.27 has been certified by the Minnesota supreme court, which. The 61.28 training must include certified training in domestic abuse 61.29 issues as required under Rule 114 of the Minnesota General Rules 61.30 of Practice for the District Courts. Tomaintain one's listing61.31 remain listed on a court administrator's roster of parenting 61.32 time expeditors, an individualshallmust annually attend three 61.33 hours of continuing education about alternative dispute 61.34 resolution subjects. 61.35 Sec. 31. Minnesota Statutes 2000, section 518.1751, 61.36 subdivision 3, is amended to read: 62.1 Subd. 3. [AGREEMENT OR DECISION.] (a) Within five days of 62.2 notice of the appointment, or within five days of notice of a 62.3 subsequent parenting time dispute between the same parties, the 62.4 parenting time expeditorshallmust meet with the parties 62.5 together or separately andshallmake a diligent effort to 62.6 facilitate an agreement to resolve the dispute. If a parenting 62.7 time dispute requires immediate resolution, theparenting time62.8 expeditor may confer with the parties through a telephone 62.9 conference or similar means. An expeditor may make a decision 62.10 without conferring with a party if the expeditor made a good 62.11 faith effort to confer with the party, but the party chose not 62.12 to participate in resolution of the dispute. 62.13 (b) If the parties do not reach an agreement, the expeditor 62.14shallmust make a decision resolving the dispute as soon as 62.15 possible, but not later than five days after receiving all 62.16 information necessary to make a decision and after the final 62.17 meeting or conference with the parties. The expeditor is 62.18 authorized to award compensatory parenting time under section 62.19 518.175, subdivision 6, and may recommend to the court that the 62.20 noncomplying party pay attorney's fees, court costs, and other 62.21 costs under section 518.175, subdivision 6, paragraph (d), if 62.22 the parenting time order has been violated. The expeditorshall62.23not loseretains the authority to make a decision if 62.24 circumstances beyond the expeditor's control make it 62.25 impracticable to meet the five-day timelines. 62.26 (c) Unless the parties mutually agree, the parenting time 62.27 expeditorshallmust not make a decision that is inconsistent 62.28 with an existing parenting time order, but may make decisions 62.29 interpreting or clarifying a parenting time order, including the 62.30 development of a specific schedule when the existing court order 62.31 grants "reasonable parenting time." 62.32 (d) The expeditorshallmust put an agreement or decision 62.33 in writing and provide a copy to the parties. The expeditor may 62.34 include or omit reasons for the agreement or decision. An 62.35 agreement of the parties or a decision of the expeditor is 62.36 binding on the parties unless vacated or modified by the court. 63.1 If a party does not comply with an agreement of the parties or a 63.2 decision of the expeditor, any party may bring a motion with the 63.3 court andshallmust attach a copy of the parties' written 63.4 agreement or the decision of the expeditor. The court may 63.5 enforce, modify, or vacate the agreement of the parties or the 63.6 decision of the expeditor. 63.7 Sec. 32. Minnesota Statutes 2000, section 518.176, as 63.8 amended by Laws 2001, chapter 51, section 10, is amended to read: 63.9 518.176 [JUDICIAL SUPERVISION.] 63.10Subdivision 1. [LIMITS ON PARENT'S AUTHORITY; HEARING.]63.11Except as otherwise agreed by the parties in writing at the time63.12of the custody order,(a) The parent with whom the child resides 63.13 may determine the child's upbringing, including education, 63.14 health care, and religious training, unless: 63.15 (1) otherwise agreed by the parties in writing at the time 63.16 of the custody order; or 63.17 (2) upon motion by the other parent, the court after 63.18 hearing,finds, upon motion by the other parent,that in the 63.19 absence of a specific limitation of the authority of the parent 63.20 with whom the child resides, the child's physical or emotional 63.21 health is likely to be endangered or the child's emotional 63.22 development impaired. 63.23Subd. 2.(b) If both parents or all contestants agree to 63.24 the order, or if the court finds that in the absence of the 63.25 order the child's physical or emotional health is likely to be 63.26 endangered or the child's emotional development impaired, the 63.27 court may order the local social services agency or the 63.28 department of court services to exercise continuing supervision 63.29 over the case under guidelines established by the court to 63.30 assure that the custodial or parenting time terms of the decree 63.31 are carried out. 63.32 Sec. 33. Minnesota Statutes 2000, section 518.177, is 63.33 amended to read: 63.34 518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL 63.35 RIGHTS LAW.] 63.36EveryA court order and judgment and decree concerning 64.1 custody of or parenting time or visitation with a minor child 64.2shallmust contain the notice set out in section 518.68, 64.3 subdivision 2. 64.4 Sec. 34. Minnesota Statutes 2000, section 518.178, is 64.5 amended to read: 64.6 518.178 [PARENTING TIME AND SUPPORT REVIEW HEARING.] 64.7 Upon motion of either party, the courtshallmust conduct a 64.8 hearing to review compliance with the parenting time and child 64.9 support provisionsset forthin a decree of dissolution or legal 64.10 separation or an order that establishes child custody, parenting 64.11 time, and support rights and obligations of parents. The state 64.12 court administratorshallmust prepare, and each court 64.13 administratorshallmust make available, simplified pro se forms 64.14 for reviewing parenting time and child support disputes. The 64.15 court may impose any parenting time enforcement remedy available 64.16 under sections 518.175 and 518.1751, and any support enforcement 64.17 remedy available under section 518.551. 64.18 Sec. 35. Minnesota Statutes 2000, section 518.179, 64.19 subdivision 1, is amended to read: 64.20 Subdivision 1. [SEEKING CUSTODY OR PARENTING TIME.] (a) 64.21 Notwithstanding any contrary provision in section 518.17 or 64.22 518.175,ifa person seeking child custody or parenting time who 64.23 has been convicted of a crime described in subdivision 2, the64.24person seeking custody or parenting timehas the burden to prove 64.25 that custody or parenting time by that person is in the best 64.26 interests of the child if: 64.27 (1) the conviction occurred within the preceding five 64.28 years; 64.29 (2) the person is currently incarcerated, on probation, or 64.30 under supervised release for the offense; or 64.31 (3) the victim of the crime was a family or household 64.32 member as defined in section 518B.01, subdivision 2. 64.33 (b) If this section applies, the court may not grant 64.34 custody or parenting time to the person unless it finds that the 64.35 custody or parenting time is in the best interests of the 64.36 child. If the victim of the crime was a family or household 65.1 member, the standard of proof is clear and convincing evidence. 65.2 A guardian ad litem must be appointed in any case where this 65.3 section applies. 65.4 Sec. 36. Minnesota Statutes 2001 Supplement, section 65.5 518.18, is amended to read: 65.6 518.18 [MODIFICATION OF ORDER.] 65.7 (a) Unless agreed to in writing by the parties, no motion 65.8 to modify a custody order or parenting plan may be made earlier 65.9 than one year after the date of the entry of a decree of 65.10 dissolution or legal separation containing a provision dealing 65.11 with custody, except in accordance with paragraph (c). 65.12 (b) If a motion for modification has been heard, whether or 65.13 not it was granted,unless agreed to in writing by the parties65.14 no subsequent motion may be filed within two years after 65.15 disposition of the prior motion on its merits, except: 65.16 (1) if otherwise agreed to in writing by the parties; or 65.17 (2) in accordance with paragraph (c). 65.18 (c) The time limitations prescribed in paragraphs (a) and 65.19 (b)shalldo not prohibit a motion to modify a custody order or 65.20 parenting plan if the court finds that there is persistent and 65.21 willful denial or interference with parenting time, or has 65.22 reason to believe that the child's present environment may 65.23 endanger the child's physical or emotional health or impair the 65.24 child's emotional development. 65.25 (d)If theA court that has jurisdiction to determine child 65.26 custody matters, the court shallmust not modify a prior custody 65.27 order or a parenting plan provisionwhichthat specifies the 65.28 child's primary residence unless it finds, upon the basis of65.29facts, including unwarranted denial of, or interference with, a65.30duly established parenting time schedule, that have arisen since65.31the prior order or that were unknown to the court at the time of65.32the prior order,that a change has occurred in the circumstances 65.33 of the child or the parties and that the modification is 65.34 necessary to serve the best interests of the child. The court 65.35 must make its findings upon the basis of facts, including 65.36 unwarranted denial of, or interference with, a duly established 66.1 parenting time schedule, that have arisen since the prior order 66.2 or that were unknown to the court at the time of the prior 66.3 order. In applying these standards the courtshallmust retain 66.4 the custody arrangement or the parenting plan provision 66.5 specifying the child's primary residence that was established by 66.6 the prior order unless: 66.7(i)(1) the court finds that a change in the custody 66.8 arrangement or primary residence is in the best interests of the 66.9 child and the parties previously agreed, in a writing approved 66.10 by a court, to apply the best interests standard in section 66.11 518.17 or 257.025, as applicable; and, with respect to 66.12 agreements approved by a court on or after April 28, 2000, both 66.13 parties were represented by counsel when the agreement was 66.14 approved or the court found the parties were fully informed, the 66.15 agreement was voluntary, and the parties were aware of its 66.16 implications; 66.17(ii)(2) both parties agree to the modification; 66.18(iii)(3) the child has been integrated into the family of 66.19 the petitioner with the consent of the other party; or 66.20(iv)(4) the child's present environment endangers the 66.21 child's physical or emotional health or impairs the child's 66.22 emotional development and the harm likely to be caused by a 66.23 change of environment is outweighed by the advantage of a change 66.24 to the child. 66.25In addition,(e) A court may modify a custody order or 66.26 parenting plan under section 631.52. 66.27(e)(f) In deciding whether to modify a prior joint custody 66.28 order, the courtshallmust apply the standards set forth in 66.29 paragraph (d) unless: 66.30 (1) the parties agree in writing to the application of a 66.31 different standard,; or 66.32 (2) the party seeking the modification is asking the court 66.33 for permission to move the residence of the child to another 66.34 state. 66.35(f) If a parent has been granted sole physical custody of a66.36minor and the child subsequently lives with the other parent,67.1and temporary sole physical custody has been approved by the67.2court or by a court-appointed referee,67.3 (g) The court may suspend the obligor's child support 67.4 obligation pendingthea final custody determination if: 67.5 (1) the obligee has been granted sole physical custody of a 67.6 child; 67.7 (2) the child subsequently lives with the obligor; and 67.8 (3) a temporary sole custody order has been approved by the 67.9 court or a court-approved referee. 67.10The court'sA court order denying the suspension of child 67.11 support under this paragraph must include a written explanation 67.12 of the reasons why continuation of the child support obligation 67.13 would be in the best interests of the child. 67.14 (h) A party seeking modification of a custody order must 67.15 submit with moving papers an affidavit setting forth facts 67.16 supporting the requested modification. The party must give 67.17 notice and a copy of the affidavit to other parties to the 67.18 proceeding, who may file opposing affidavits. 67.19 Sec. 37. Minnesota Statutes 2001 Supplement, section 67.20 518.612, is amended to read: 67.21 518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 67.22 ORDER.] 67.23Failure by a party to make support payments is not a67.24defense to:67.25(1) interference with parenting time; or67.26(2) without the permission of the court or the other67.27parent, removing a child from this state.67.28Interference with parenting time or taking a child from67.29this state without permission of the court or the other parent67.30is not a defense to nonpayment of support. If a party fails to67.31make support payments, interferes with parenting time, or67.32removes a child from the state without permission of the court67.33or the other parent, the other party may petition the court for67.34an appropriate order.67.35 (a) An obligor may not assert as a defense to failure to 67.36 pay child support that the obligee interfered with parenting 68.1 time or removed the child from the state without permission of 68.2 the obligor or the court. 68.3 (b) An obligee may not assert as a defense to interference 68.4 with parenting time or removing the child from the state without 68.5 permission of the obligor or the court, that the obligor failed 68.6 to pay child support. 68.7 (c) A party may petition the court for an appropriate order 68.8 if the other party: 68.9 (1) fails to make support payments; 68.10 (2) interferes with parenting time; or 68.11 (3) removes a child from this state without permission of 68.12 the court or the other parent. 68.13 Sec. 38. Minnesota Statutes 2000, section 518.619, is 68.14 amended to read: 68.15 518.619 [CUSTODY ORVISITATIONPARENTING TIME; MEDIATION 68.16 SERVICES.] 68.17 Subdivision 1. [MEDIATION PROCEEDING.] Except as provided 68.18 in subdivision 2, if it appears on the face of the petition or 68.19 other application for an order or modification of an order for 68.20thechild custodyof a childthat custody or parenting time is 68.21 contested, or that any issue pertinent to a custody or parenting 68.22 time determination, including parenting time rights, is 68.23 unresolved, the matter may be set for mediation of the contested 68.24 issueprior tobefore, concurrent with, orsubsequent to the68.25 after settingofthe matter for hearing. The purpose of the 68.26 mediation proceeding is to reduce acrimonywhichthat may exist 68.27 between the parties and to develop an agreement that is 68.28 supportive of the child's best interests. The mediatorshall68.29 must use best efforts to effect a settlement of the custody or 68.30 parenting time dispute, butshall havehas no coercive authority. 68.31 Subd. 2. [EXCEPTION.] If the court determines that there 68.32 is probable cause that one of the parties, or a child of a 68.33 party, has been physically or sexually abused bythe othera 68.34 party, the courtshallmust not require or refer the parties to 68.35 mediation or any other process that requires parties to meet and 68.36 confer without counsel, if any, present. 69.1 Subd. 3. [MEDIATOR APPOINTMENT.] In order to participate 69.2 in a custody mediation, a mediator must be appointed by the 69.3 family court. A mediator must be a member of the professional 69.4 staff of a family court, probation department, mental health 69.5 services agency, or a private mediation service. The mediator 69.6 must be on a list of mediators approved by the court having 69.7 jurisdiction of the matter, unless the parties stipulate to a 69.8 mediator not on the list. 69.9 Subd. 4. [MEDIATOR QUALIFICATIONS.] A mediator who 69.10 performs mediation in contested child custody mattersshallmust 69.11 meet the following minimum qualifications: 69.12(a)(1) knowledge of the court system and the procedures 69.13 used in contested child custody matters; 69.14(b)(2) knowledge of other resources in the community to 69.15 which the parties to contested child custody matters can be 69.16 referred for assistance; 69.17(c)(3) knowledge of child development, clinical issues 69.18 relating to children, the effects of marriage dissolution on 69.19 children, and child custody research; and 69.20(d)(4) a minimum of 40 hours of certified mediation 69.21 training. 69.22 Subd. 5. [RECORDS; PRIVATE DATA.] Mediation proceedings 69.23shallmust be conducted in private. All records of a mediation 69.24 proceedingshall beare private and not available as evidence in 69.25 an action for marriage dissolution and related proceedings on 69.26 any issue in controversy in the dissolution. 69.27 Subd. 6. [MEDIATOR RECOMMENDATIONS.] When the parties have 69.28 not reached agreement as a result of the mediation proceeding, 69.29 the mediator may recommend to the court that an investigation be 69.30 conducted under section 518.167, or that other action be taken 69.31 to assist the parties to resolve the controversy before hearing 69.32 on the issues. The mediator may not conduct the investigation 69.33 or evaluation unless: (1) the parties agree in a writing, 69.34 executed after the termination of mediation, that the mediator 69.35 may conduct the investigation or evaluation, or (2) there is no 69.36 other person reasonably available to conduct the investigation 70.1 or evaluation. The mediator may recommend that mutual 70.2 restraining orders be issued in appropriate cases, pending 70.3 determination of the controversy, to protect the well-being of 70.4 the children involved in the controversy. 70.5 Subd. 7. [MEDIATION AGREEMENT.] An agreement reached by 70.6 the parties as a result of mediationshallmust be discussed by 70.7 the parties with their attorneys, if any, and. The approved 70.8 agreement may then be included in the marital dissolution decree 70.9 or other stipulation submitted to the court. An agreement 70.10 reached by the parties as a result of mediation may not be 70.11 presented to the court nor made enforceable unless the parties 70.12 and their counsel, if any, consent to its presentation to the 70.13 court, and the court adopts the agreement. 70.14 Subd. 8. [RULES.] Each courtshallmust adopt rules to 70.15 implement this section, andshallmust compile and maintain a 70.16 list of mediators. 70.17 Sec. 39. Minnesota Statutes 2000, section 519.11, 70.18 subdivision 1, is amended to read: 70.19 Subdivision 1. [ANTENUPTIAL CONTRACT.] A man and woman of 70.20 legal age may enter into an antenuptial contract or settlement 70.21 prior to solemnization of marriage which shall be valid and 70.22 enforceable if (a) there is a full and fair disclosure of the 70.23 earnings and property of each party, and (b) the parties have 70.24 had an opportunity to consult with legal counsel of their own 70.25 choice. An antenuptial contract or settlement made in 70.26 conformity with this section may determine what rights each 70.27 party has in the nonmarital property, defined in section 518.54, 70.28 subdivision 5, clauses(a)(1) to(d)(4), upon dissolution of 70.29 marriage, legal separation or after its termination by death and 70.30 may bar each other of all rights in the respective estates not 70.31 so secured to them by their agreement. This section shall not 70.32 be construed to make invalid or unenforceable any antenuptial 70.33 agreement or settlement made and executed in conformity with 70.34 this section because the agreement or settlement covers or 70.35 includes marital property, if the agreement or settlement would 70.36 be valid and enforceable without regard to this section. 71.1 Sec. 40. [INSTRUCTION TO REVISOR.] 71.2 The revisor of statutes must renumber the sections in 71.3 Minnesota Statutes listed in column A as indicated in column B 71.4 and correct cross-references to those sections throughout 71.5 Minnesota Statutes and Minnesota Rules. 71.6 A B 71.7 518.003, subd. 3 517B.01, subd. 2 71.8 518.003, subd. 5 517B.01, subd. 3 71.9 518.155 517B.02 71.10 518.156 517B.13 71.11 518.157 517B.06 71.12 518.158, subd. 1 517B.22, subd. 2 71.13 518.158, subd. 2 517B.22, subd. 3 71.14 518.158, subd. 3 517B.22, subd. 4 71.15 518.158, subd. 4 517B.22, subd. 5 71.16 518.158, subd. 5 517B.22, subd. 1 71.17 518.165 517B.08 71.18 518.166 517B.14 71.19 518.167 517B.15 71.20 518.168 517B.16 71.21 518.1705 517B.25 71.22 518.175, subd. 1 517B.27, subd. 1 71.23 518.175, subd. 1a 517B.27, subd. 2 71.24 518.175, subd. 2 517B.27, subd. 3 71.25 518.175, subd. 3 517B.27, subd. 4 71.26 518.175, subd. 5 517B.27, subd. 6 71.27 518.175, subd. 6 517B.27, subd. 7 71.28 518.175, subd. 7 517B.30 71.29 518.175, subd. 8 517B.27, subd. 8 71.30 518.1751, subd. 1 517B.28, subd. 1 71.31 518.1751, subd. 1a 517B.28, subd. 2 71.32 518.1751, subd. 1b 517B.28, subd. 3 71.33 518.1751, subd. 2 517B.28, subd. 6 71.34 518.1751, subd. 2a 517B.28, subd. 7 71.35 518.1751, subd. 2b 517B.28, subd. 4 71.36 518.1751, subd. 2c 517B.28, subd. 5 72.1 518.1751, subd. 3 517B.28, subd. 8 72.2 518.1751, subd. 4 517B.28, subd. 13 72.3 518.1751, subd. 4a 517B.28, subd. 9 72.4 518.1751, subd. 5 517B.28, subd. 10 72.5 518.1751, subd. 5a 517B.28, subd. 11 72.6 518.1751, subd. 6 517B.28, subd. 12 72.7 518.176 517B.20 72.8 518.177 517B.04 72.9 518.178 517B.27, subd. 5 72.10 518.179 517B.09 72.11 518.18 517B.21 72.12 518.183 517B.26 72.13 518.612 517B.10 72.14 518.619 517B.07 72.15 Sec. 41. [REPEALER.] 72.16 Minnesota Statutes 2000, sections 518.17; and 518.185, and 72.17 Minnesota Statutes 2001 Supplement, section 518.1752, are 72.18 repealed. 72.19 ARTICLE 3 72.20 CHILD SUPPORT 72.21 Section 1. Minnesota Statutes 2000, section 171.186, is 72.22 amended by adding a subdivision to read: 72.23 Subd. 4. [LIMITED LICENSE.] Notwithstanding subdivision 3, 72.24 the commissioner must issue a limited license to a person who is 72.25 otherwise eligible and whose license has been suspended under 72.26 this section upon receipt of a court order or notice from a 72.27 public authority responsible for child support enforcement 72.28 pursuant to section 517C.75 that states that: (1) the driver is 72.29 in arrears in court-ordered child support payments in an amount 72.30 equal to three to six times the obligor's total monthly payment, 72.31 and is not in compliance with a written payment agreement; and 72.32 (2) the obligor's employment, attendance at employment-related 72.33 education or training, or compliance with court-ordered 72.34 parenting time depends upon the use of a driver's license. 72.35 Sec. 2. Minnesota Statutes 2000, section 171.30, 72.36 subdivision 1, is amended to read: 73.1 Subdivision 1. [CONDITIONS OF ISSUANCE.] (a) In any case 73.2 where a person's license has been suspended under section 171.18 73.4 or 171.173, or revoked under section 169.792, 169.797, 169A.52, 73.5 169A.54, 171.17, or 171.172, the commissioner may issue a 73.6 limited license to the driver including under the following 73.7 conditions: 73.8 (1) if the driver's livelihood or attendance at a chemical 73.9 dependency treatment or counseling program depends upon the use 73.10 of the driver's license; 73.11 (2) if the use of a driver's license by a homemaker is 73.12 necessary to prevent the substantial disruption of the 73.13 education, medical, or nutritional needs of the family of the 73.14 homemaker; or 73.15 (3) if attendance at a post-secondary institution of 73.16 education by an enrolled student of that institution depends 73.17 upon the use of the driver's license. 73.18 (b) The commissioner in issuing a limited license may 73.19 impose such conditions and limitations as in the commissioner's 73.20 judgment are necessary to the interests of the public safety and 73.21 welfare including reexamination as to the driver's 73.22 qualifications. The license may be limited to the operation of 73.23 particular vehicles, to particular classes and times of 73.24 operation and to particular conditions of traffic. The 73.25 commissioner may require that an applicant for a limited license 73.26 affirmatively demonstrate that use of public transportation or 73.27 carpooling as an alternative to a limited license would be a 73.28 significant hardship. 73.29 (c) For purposes of this subdivision, "homemaker" refers to 73.30 the person primarily performing the domestic tasks in a 73.31 household of residents consisting of at least the person and the 73.32 person's dependent child or other dependents. 73.33 (d) The limited license issued by the commissioner shall 73.34 clearly indicate the limitations imposed and the driver 73.35 operating under the limited license shall have the license in 73.36 possession at all times when operating as a driver. 73.37 (e) In determining whether to issue a limited license, the 74.1 commissioner shall consider the number and the seriousness of 74.2 prior convictions and the entire driving record of the driver 74.3 and shall consider the number of miles driven by the driver 74.4 annually. 74.5 (f) If the person's driver's license or permit to drive has 74.6 been revoked under section 169.792 or 169.797, the commissioner 74.7 may only issue a limited license to the person after the person 74.8 has presented an insurance identification card, policy, or 74.9 written statement indicating that the driver or owner has 74.10 insurance coverage satisfactory to the commissioner of public 74.11 safety. The commissioner of public safety may require the 74.12 insurance identification card provided to satisfy this 74.13 subdivision be certified by the insurance company to be 74.14 noncancelable for a period not to exceed 12 months. 74.15 (g) The commissioner must issue a limited license to a 74.16 driver when ordered by a court or directed by a public authority 74.17 responsible for child support enforcement pursuant to section 74.18 517C.75. 74.19 Sec. 3. Minnesota Statutes 2000, section 256.9791, is 74.20 amended to read: 74.21 256.9791 [MEDICAL SUPPORT BONUS INCENTIVES.] 74.22 Subdivision 1. [BONUS INCENTIVE.] (a) A bonus incentive 74.23 program is created to increase the identification and 74.24 enforcement by county agencies of dependent healthinsurance74.25 coverage forpersons who are receiving medical assistance under74.26section 256B.055 andchildren and family units for whom the 74.27 county agency is providing child support enforcement services. 74.28 (b) The bonus shall be awarded to a county child support 74.29 agency for eachpersonchild for whom coverage is identified and 74.30 enforced by the child support enforcement program whenthe74.31obligor is undera court order to provide dependent health 74.32insurancecoverage is in effect. 74.33 (c) Bonus incentive funds under this section must be 74.34 reinvested in the county child support enforcement program and a 74.35 county may not reduce funding of the child support enforcement 74.36 program by the amount of the bonus earned. 75.1 Subd. 2. [DEFINITIONS.] For the purpose of this section, 75.2 the following definitions apply. 75.3 (a) "Case" means a family unitthat is receiving medical75.4assistance under section 256B.055 andfor whom the county agency 75.5 is providing child support enforcement services. 75.6 (b) "Commissioner" means the commissioner of the department 75.7 of human services. 75.8 (c) "County agency" means the county child support 75.9 enforcement agency. 75.10 (d) "Coverage" means initial dependent health insurance 75.11 benefits for a case orindividual memberchild of a case, or 75.12 medical assistance under section 256B.055 and MinnesotaCare 75.13 under section 256L.07. 75.14 (e) "Enforce" or "enforcement" means obtaining proof of 75.15 current or future dependent healthinsurancecoverage through an 75.16 overt act by the county agency. 75.17 (f) "Enforceable order" means a child support court order 75.18 containing the statutory language in section518.171517C.15 or 75.19 other language orderingan obligora parent to provide dependent 75.20 healthinsurancecoverage. 75.21 (g) "Identify" or "identification" means obtaining proof of 75.22 dependent healthinsurancecoverage through an overt act by the 75.23 county agency. 75.24 Subd. 3. [ELIGIBILITY; REPORTING REQUIREMENTS.] (a) In 75.25 order for a county to be eligible to claim a bonus incentive 75.26 payment, the county agency must provide the required information 75.27 for eachpublic assistancecase no later than June 30 of each 75.28 year to determine eligibility. The public authority shall use 75.29 the information to establish for each county the number of cases 75.30 in which (1) the court has established an obligation for 75.31 coverageby the obligor, and (2) coverage was in effect as of 75.32 June 30. 75.33 (b) A county that fails to provide the required information 75.34 by June 30 of each fiscal year is not eligible for any bonus 75.35 payments under this section for that fiscal year. 75.36 Subd. 4. [RATE OF BONUS INCENTIVE.] The rate of the bonus 76.1 incentive shall be determined according to paragraph (a). 76.2 (a) When a county agency has identified or enforced 76.3 coverage, the county shall receive $50 for eachadditional76.4personchild for whom coverage is identified or enforced. 76.5 (b) Bonus payments according to paragraph (a) are limited 76.6 to one bonus for eachcovered personchild each time the county 76.7 agency identifies or enforces previously unidentified 76.8 healthinsurancecoverage and apply only to coverage identified 76.9 or enforced after July 1, 1990. 76.10 Subd. 5. [CLAIMS FOR BONUS INCENTIVE.] (a) Beginning July 76.11 1, 1990, county agencies shall file a claim for a medical 76.12 support bonus payment by reporting to the commissioner the 76.13 following information for each case where dependent health 76.14insurancecoverage is identified or enforced as a result of an 76.15 overt act of the county agency: 76.16 (1) child support enforcement system case number or county 76.17 specific case number; 76.18 (2) names and dates of birth for eachpersonchild covered; 76.19 and 76.20 (3) the effective date of coverage. 76.21 (b) The report must be made upon enrollment in coverage but 76.22 no later than September 30 for coverage identified or 76.23 established during the preceding fiscal year. 76.24 (c) The county agency making the initial contact resulting 76.25 in the establishment of coverage is the county agency entitled 76.26 to claim the bonus incentive even if the case is transferred to 76.27 another county agency prior to the time coverage is established. 76.28 (d) Disputed claims must be submitted to the commissioner 76.29 and the commissioner's decision is final. 76.30 Subd. 6. [DISTRIBUTION.] (a) Bonus incentives must be 76.31 issued to the county agency quarterly, within 45 days after the 76.32 last day of each quarter for which a bonus incentive is being 76.33 claimed, and must be paid up to the limit of the appropriation 76.34 in the order in which claims are received. 76.35 (b) Total bonus incentives must be computed by multiplying 76.36 the number ofpersonschildren included in claims submitted in 77.1 accordance with this section by the applicable bonus payment as 77.2 determined in subdivision 4. 77.3 (c) The county agency must repay any bonus erroneously 77.4 issued. 77.5 (d) A county agency must maintain a record of bonus 77.6 incentives claimed and received for each quarter. 77.7 Sec. 4. [517C.01] [TITLE.] 77.8 This chapter may be cited as the "Minnesota Child Support 77.9 Act." 77.10 Sec. 5. [517C.02] [DEFINITIONS.] 77.11 Subdivision 1. [SCOPE.] The definitions in this section 77.12 apply to this chapter. 77.13 Subd. 2. [ARREARS.] "Arrears" means amounts owed under a 77.14 support order that are past due. It includes child support, 77.15 pregnancy and confinement expenses, attorney fees, and any other 77.16 obligations addressed in a support order. 77.17 Subd. 3. [BUSINESS DAY.] "Business day" means a day on 77.18 which state offices are open for regular business. 77.19 Subd. 4. [CHILD.] "Child" means an individual under 18 77.20 years of age, an individual under age 20 who is still attending 77.21 secondary school, or an individual who, by reason of physical or 77.22 mental condition, is incapable of self-support. 77.23 Subd. 5. [CHILD SUPPORT.] "Child support" means: 77.24 (1) an award in a dissolution, legal separation, annulment, 77.25 or parentage proceeding for the care, support, and education of 77.26 a child of the marriage or of the parties to the proceeding; 77.27 (2) a contribution by parents ordered under section 256.87; 77.28 or 77.29 (3) support ordered under chapter 518B or 518C. 77.30 Subd. 6. [DEPOSIT ACCOUNT.] "Deposit account" means funds 77.31 deposited with a financial institution in the form of a savings 77.32 account, checking account, NOW account, or demand deposit 77.33 account. 77.34 Subd. 7. [FINANCIAL INSTITUTION.] "Financial institution" 77.35 means a savings association, bank, trust company, credit union, 77.36 industrial loan and thrift company, bank and trust company, or 78.1 savings association, and includes a branch or detached facility 78.2 of a financial institution. 78.3 Subd. 8. [OBLIGEE.] "Obligee" means a person to whom 78.4 payments for child support are owed. 78.5 Subd. 9. [OBLIGOR.] "Obligor" means a person obligated to 78.6 pay child support. A person who is designated as the sole 78.7 physical custodian of a child is presumed not to be an obligor 78.8 for purposes of calculating current support unless the court 78.9 makes specific written findings to overcome this presumption. 78.10 Subd. 10. [PAYMENT.] "Payment" means the payment of child 78.11 support, child care support, medical support, and related 78.12 payments required by order of a tribunal, voluntary support, or 78.13 statutory fees. 78.14 Subd. 11. [PAYOR OF FUNDS.] "Payor of funds" means a 78.15 person or entity that provides funds to an obligor, including an 78.16 employer as defined under chapter 24 of the Internal Revenue 78.17 Code, section 3401(d), an independent contractor, payor of 78.18 workers' compensation benefits or reemployment compensation, or 78.19 a financial institution as defined in section 13B.06. 78.20 Subd. 12. [PUBLIC AUTHORITY.] "Public authority" means the 78.21 local unit of government, acting on behalf of the state, that is 78.22 responsible for child support enforcement or the child support 78.23 enforcement division of the department of human services. 78.24 Subd. 13. [SUBSEQUENT CHILD.] "Subsequent child" means a 78.25 child born after the child who is the subject of the child 78.26 support proceeding. 78.27 Subd. 14. [SUPPORT ORDER.] (a) "Support order" means a 78.28 judgment, decree, or order, whether temporary, final, or subject 78.29 to modification, issued by a court or administrative agency of 78.30 competent jurisdiction that: 78.31 (1) provides for the support of a child, including a child 78.32 who has attained the age of majority under the law of the 78.33 issuing state; 78.34 (2) provides for monetary support, child care, medical 78.35 support including expenses for confinement and pregnancy, 78.36 arrears, or reimbursement; and 79.1 (3) may include related costs and fees, interest and 79.2 penalties, income withholding, and other relief. 79.3 (b) The definition in paragraph (a) applies to orders 79.4 issued under this chapter and chapters 256, 257, 518B, and 518C. 79.5 Subd. 15. [TRIBUNAL.] "Tribunal" has the meaning given in 79.6 section 518C.101. 79.7 Subd. 16. [UNCLAIMED SUPPORT FUNDS.] "Unclaimed support 79.8 funds" means any support payments collected by the public 79.9 authority from the obligor, which have not been disbursed to the 79.10 obligee or public authority. 79.11 Sec. 6. [517C.03] [PROCEDURAL RULES.] 79.12 The supreme court may promulgate rules to be used in child 79.13 support cases. 79.14 Sec. 7. [517C.04] [CHILD SUPPORT ORDERS.] 79.15 Subdivision 1. [ORDER.] (a) Upon dissolution of marriage, 79.16 legal separation, annulment, establishment of paternity, or when 79.17 otherwise required by statute, the court must order child 79.18 support as provided by this chapter. 79.19 (b) Nothing contained in this chapter limits the power of 79.20 the court to make appropriate, adequate orders for the support 79.21 and education of a child of the parties to a dissolution, legal 79.22 separation, or annulment action if the dissolution, legal 79.23 separation, or annulment is denied. 79.24 Subd. 2. [PROVISIONS.] Child support orders must provide 79.25 for general child rearing costs, or basic needs, and must also 79.26 specifically address medical care and child care costs, 79.27 providing for those costs pursuant to this chapter. 79.28 Subd. 3. [AGREEMENTS.] If the parties stipulate or agree 79.29 to a child support order, the court must review the agreement to 79.30 ensure it serves the best interests of the child. The supreme 79.31 court may promulgate rules regarding the review of stipulations 79.32 and agreements. The court may refuse to accept or may alter an 79.33 agreement that does not conform with the requirements of this 79.34 chapter or that is otherwise not in the best interests of the 79.35 child. 79.36 Subd. 4. [PREFERENCE FOR SPECIFIC DOLLAR AMOUNT.] (a) 80.1 There is a presumption in favor of ordering child support in a 80.2 specific dollar amount, as opposed to a percentage of income. 80.3 (b) The court may order an obligor to pay child support in 80.4 the form of a percentage share of the obligor's net bonuses, 80.5 commissions, or other forms of compensation, in addition to, or 80.6 if the obligor receives no base pay, in lieu of an order for a 80.7 specific dollar amount. 80.8 Subd. 5. [PREFERENCE FOR MONTHLY PAYMENT.] There is a 80.9 presumption in favor of ordering child support in an amount that 80.10 reflects an obligor's monthly obligation. 80.11 Subd. 6. [PREFERENCE FOR STATIC PAYMENT.] (a) There is a 80.12 presumption in favor of ordering child support so that an 80.13 obligor makes the same monthly payments throughout the year, as 80.14 opposed to payment amounts that fluctuate by season or month. 80.15 If the obligor is seasonally employed, it is generally the 80.16 responsibility of the obligor to budget income accordingly. 80.17 Subd. 7. [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) 80.18 Upon the motion of an obligor, a court may order an obligee to 80.19 account for the use or disposition of child support received. 80.20 The motion must assert the specific allegations of abuse or 80.21 misapplication of child support received and that a child's 80.22 needs are not being met. If the court orders a hearing, the 80.23 court may order an accounting only if the obligor establishes 80.24 the specific allegations of abuse or misapplication of child 80.25 support received and that the child's needs are not being met. 80.26 (b) If the court orders an accounting under paragraph (a), 80.27 the obligee must provide documentation that breaks down monthly 80.28 expenditures of child support received into the following 80.29 categories: 80.30 (1) housing and utilities; 80.31 (2) food; 80.32 (3) transportation; 80.33 (4) clothing; 80.34 (5) health care; 80.35 (6) child care and education; and 80.36 (7) miscellaneous. 81.1 An obligee may account for expenditures on housing, utilities, 81.2 food, and transportation that are attributable to multiple 81.3 household members on a per capita basis. 81.4 (c) If the court finds that an obligee does not make the 81.5 accounting required under paragraph (b) or the obligee does not 81.6 spend the entire child support payment on behalf of the child, 81.7 the court may: 81.8 (1) hold the obligee in contempt of court; 81.9 (2) reduce or eliminate the obligor's child support 81.10 obligation; 81.11 (3) order the obligee to make future expenditures on behalf 81.12 of the child, whether in whole or in part, in a manner that 81.13 documents the transaction; or 81.14 (4) make any other appropriate order to ensure that the 81.15 needs of the child are met. 81.16 (d) If the court determines that an obligor's motion under 81.17 this section is brought in bad faith, the court may award 81.18 reasonable attorney fees to the obligee. 81.19 Subd. 8. [DEPARTURE.] The court may depart from a 81.20 presumption in subdivision 4, 5, or 6 if: 81.21 (1) all parties agree; or 81.22 (2) the presumption would impose an extreme hardship on the 81.23 obligor and would not be in the best interests of the child. 81.24 Subd. 9. [CHILD SUPPORT TO BE DISTINGUISHED FROM 81.25 MAINTENANCE.] In a judgment of dissolution or legal separation, 81.26 the court must clearly distinguish between payments ordered for 81.27 maintenance and payments ordered for child support. An award of 81.28 payments from future income or earnings of the parent with whom 81.29 the child resides is presumed to be maintenance and an award of 81.30 payments from the future income or earnings of the other parent 81.31 is presumed to be child support, unless otherwise designated by 81.32 the court. 81.33 Subd. 10. [OTHER CUSTODIANS.] If a child resides with a 81.34 person other than a parent and the court approves of the custody 81.35 arrangement, the court may order child support payments to be 81.36 made to the custodian regardless of whether the person has legal 82.1 custody. 82.2 Subd. 11. [EITHER PARENT LIABLE; MARITAL MISCONDUCT 82.3 IRRELEVANT.] The court may order either or both parents owing a 82.4 duty of support to a child to pay an amount reasonable or 82.5 necessary for the child's support, without regard to marital 82.6 misconduct. 82.7 Sec. 8. [517C.05] [TEMPORARY ORDERS.] 82.8 Subdivision 1. [MOTION; SCOPE.] In a child support 82.9 proceeding a party may, by motion, request that the court grant 82.10 a temporary order pending the final disposition of the 82.11 proceeding for temporary child support, costs, and reasonable 82.12 attorney fees. Additionally, to facilitate the just and speedy 82.13 disposition of the proceeding, the court may require a party to 82.14 perform or refrain from performing additional acts. 82.15 Subd. 2. [DURATION.] A temporary order continues in full 82.16 force and effect until: 82.17 (1) it is amended; 82.18 (2) it is vacated; 82.19 (3) the main action is dismissed; or 82.20 (4) a final decree of dissolution, legal separation, or 82.21 other final order is entered. 82.22 Subd. 3. [FACTORS.] The court must consider the factors 82.23 set forth in this chapter in making temporary orders. 82.24 Subd. 4. [EVIDENCE.] Temporary orders must be made solely 82.25 on the basis of affidavits and argument of counsel unless: 82.26 (1) a party makes a timely motion or responsive motion to 82.27 hear the matter on oral testimony before the court; or 82.28 (2) the court, in its discretion, orders the taking of oral 82.29 testimony. 82.30 Subd. 5. [LIMITED EFFECT.] A temporary order does not 82.31 prejudice the rights of the parties or the child that are to be 82.32 adjudicated at subsequent hearings in the proceeding. 82.33 Subd. 6. [MODIFICATION.] A temporary order may be revoked 82.34 or modified by the court before the final disposition of the 82.35 proceeding upon the same grounds and subject to the same 82.36 requirements as the initial granting of the order. 83.1 Sec. 9. [517C.06] [DETERMINATION OF CONTROLLING ORDER.] 83.2 The public authority or a party may request the court to 83.3 determine a controlling order when more than one order involving 83.4 the same obligor and child exists. 83.5 Sec. 10. [517C.07] [ATTORNEY FEES; COSTS AND 83.6 DISBURSEMENTS.] 83.7 Subdivision 1. [GENERAL.] (a) Except as provided in 83.8 section 517C.84, in a proceeding under this chapter, the court 83.9 must award attorney fees, costs, and disbursements in an amount 83.10 necessary to enable a party to carry on or contest the 83.11 proceeding if: 83.12 (1) the fees are necessary for the good-faith assertion of 83.13 the party's rights in the proceeding and will not contribute 83.14 unnecessarily to the length and expense of the proceeding; 83.15 (2) the party from whom fees, costs, and disbursements are 83.16 sought has the means to pay them; and 83.17 (3) the party to whom fees, costs, and disbursements are 83.18 awarded does not have the means to pay them. 83.19 (b) Fees, costs, and disbursements may be awarded at any 83.20 point during or after a proceeding under this chapter, including 83.21 if a proceeding is dismissed or abandoned. 83.22 (c) The court may assess costs and disbursements against 83.23 either party. 83.24 Subd. 2. [UNREASONABLE ACTIONS.] The court may, in its 83.25 discretion, assess additional fees, costs, and disbursements 83.26 against a party who unreasonably contributes to the length or 83.27 expense of the proceeding. 83.28 Subd. 3. [COLLECTION.] The court may authorize the 83.29 collection of money awarded by execution, or out of property 83.30 sequestered, or in any other manner within the power of the 83.31 court. An award of attorney fees survives the proceeding. If 83.32 the award is not paid by the party directed to pay it, the award 83.33 may be enforced as provided by this subdivision or by a separate 83.34 civil action brought in the attorney's own name. 83.35 Sec. 11. [517C.10] [EXCHANGE OF INFORMATION.] 83.36 Subdivision 1. [DOCUMENTATION.] The parties must timely 84.1 serve and file documentation of earnings and income. 84.2 Documentation of earnings and income includes, but is not 84.3 limited to, pay stubs for the most recent three months, employer 84.4 statements, or statement of receipts and expenses if 84.5 self-employed. Documentation of earnings and income also 84.6 includes copies of each parent's most recent federal tax 84.7 returns, W-2 forms, 1099 forms, reemployment compensation 84.8 statements, workers' compensation statements, and all other 84.9 documents evidencing the receipt of income that provide 84.10 verification of income over a longer period. 84.11 Subd. 2. [ANNUAL EXCHANGE OF TAX RETURNS.] An obligor and 84.12 obligee must annually provide all other parties with a copy of 84.13 his or her federal tax return filed with the Internal Revenue 84.14 Service. 84.15 Subd. 3. [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] An 84.16 obligor must notify other parties of a change of address or 84.17 residence within 60 days of the address or residence change. 84.18 Subd. 4. [NOTICE TO PUBLIC AUTHORITY; PUBLIC ASSISTANCE.] 84.19 The petitioner must notify the public authority of all 84.20 proceedings for dissolution, legal separation, determination of 84.21 parentage, or for the custody of a child, if either party is 84.22 receiving public assistance or applies for it subsequent to the 84.23 commencement of the proceeding. The notice must contain the 84.24 full names of the parties to the proceeding, their social 84.25 security account numbers, and their birth dates. 84.26 Subd. 5. [FAILURE OF NOTICE.] If the court in a 84.27 dissolution, legal separation, or determination of parentage 84.28 proceeding, finds before issuing the order for judgment and 84.29 decree, that notification has not been given to the public 84.30 authority, the court must set child support according to the 84.31 guidelines in this chapter. In those proceedings in which no 84.32 notification has been made pursuant to this section and in which 84.33 the public authority determines that the judgment is lower than 84.34 the child support required by the guidelines in this chapter, it 84.35 must move the court for a redetermination of the support 84.36 payments ordered so that the support payments comply with the 85.1 guidelines. 85.2 Sec. 12. [517C.11] [PRIVACY PROTECTION; PERSONAL 85.3 PROTECTION.] 85.4 Subdivision 1. [SOCIAL SECURITY NUMBERS; TAX RETURNS.] The 85.5 social security numbers and tax returns required under this 85.6 chapter are not accessible to the public, except that they must 85.7 be disclosed to the other parties to a proceeding as provided in 85.8 section 517C.10. 85.9 Subd. 2. [MODIFICATION OF CERTAIN REQUIREMENTS.] The court 85.10 may modify or limit the information exchange requirements of 85.11 this chapter by order if necessary to protect a party from 85.12 contact by another party. 85.13 Subd. 3. [ACCESS TO ADDRESS FOR SERVICE OF PROCESS.] (a) 85.14 If the public authority is a party or is providing services in a 85.15 support case, a party may obtain an ex parte order under this 85.16 subdivision. The party may obtain an ex parte order requiring 85.17 the public authority to serve legal documents on the other party 85.18 by mail if the party submits a sworn affidavit to the court 85.19 stating that: 85.20 (1) the party needs to serve legal process in a support 85.21 proceeding and does not have access to the address of the other 85.22 party; 85.23 (2) the party has made reasonable efforts to locate the 85.24 other party; and 85.25 (3) the other party is not represented by counsel. 85.26 (b) The public authority must serve legal documents 85.27 provided by the moving party at the last known address of the 85.28 other party upon receipt of a court order under paragraph (a). 85.29 The public authority must provide for appropriate service and 85.30 must certify to all parties the date of service by mail. The 85.31 public authority's proof of service must not include the place 85.32 or address of service. 85.33 (c) The state court administrator must prepare and make 85.34 available forms for use in seeking access to an address under 85.35 this subdivision. 85.36 Sec. 13. [517C.12] [INCOME.] 86.1 Subdivision 1. [DEFINITION.] For purposes of calculating 86.2 child support under this chapter, "income" means gross income. 86.3 Subd. 2. [SOURCES.] For purposes of this chapter, income 86.4 includes any form of periodic payment to an individual 86.5 including, but not limited to: 86.6 (1) wages; 86.7 (2) salaries; 86.8 (3) payments to an independent contractor; 86.9 (4) workers' compensation; 86.10 (5) reemployment compensation; 86.11 (6) annuity; 86.12 (7) military and naval retirement; 86.13 (8) pension and disability payments; and 86.14 (9) in-kind payments received by the obligor in the course 86.15 of employment, self-employment, or operation of a business if 86.16 the payments reduce the obligor's living expenses. 86.17 Subd. 3. [COMMISSIONS; BONUSES.] If the court finds that a 86.18 party's commissions or bonuses are reliable and predictable, the 86.19 court may include them in income calculations. 86.20 Subd. 4. [SELF-EMPLOYMENT; INDEPENDENT CONTRACTORS.] (a) 86.21 Income from self-employment is equal to gross receipts minus 86.22 ordinary and necessary expenses. Ordinary and necessary 86.23 expenses include what would otherwise be the employer's share of 86.24 the contributions under the Federal Insurance Contributions Act 86.25 (FICA), United States Code, title 26, subtitle C, chapter 21, 86.26 subchapter A, sections 3101 to 3126. Ordinary and necessary 86.27 expenses do not necessarily include amounts allowed by the 86.28 Internal Revenue Service for accelerated depreciation expenses 86.29 or investment tax credits or any other business expenses 86.30 determined by the court to be inappropriate for determining 86.31 income for purposes of child support. The person seeking to 86.32 deduct an expense, including depreciation, has the burden of 86.33 proving, if challenged, that the expense is ordinary and 86.34 necessary. Income calculated under this section may be 86.35 different from taxable income. 86.36 Subd. 5. [PUBLIC ASSISTANCE EXCLUSIONS.] Benefits received 87.1 under chapter 256J and Title IV-A of the Social Security Act are 87.2 not income under this section. 87.3 Subd. 6. [OVERTIME.] (a) Income does not include 87.4 compensation received by a party for employment in excess of a 87.5 40-hour work week if: 87.6 (1) the excess employment is not within the normal range of 87.7 hours worked, given the party's employment history; 87.8 (2) the excess employment is voluntary and not a condition 87.9 of employment; 87.10 (3) the excess employment is in the nature of additional, 87.11 part-time or overtime employment compensable by the hour or 87.12 fraction of an hour; and 87.13 (4) the party's compensation structure has not been changed 87.14 for the purpose of affecting a child support obligation. 87.15 (b) The court may presume that a party with seasonal or 87.16 intermittent income who works periods in excess of a 40-hour 87.17 work week, but who works a substantially normal number of hours 87.18 over the course of a year, is working within the normal range of 87.19 hours worked. 87.20 Subd. 7. [INCOME OF A SPOUSE OR OTHER HOUSEHOLD 87.21 MEMBER.] (a) Income must not include the income of a party's 87.22 spouse or other household member. The court must not consider 87.23 the income or resources provided by a spouse or other household 87.24 member when determining all the earnings, income, and resources 87.25 of a parent under section 517C.17. 87.26 (b) Notwithstanding paragraph (a), the court may issue an 87.27 order permitting discovery of a spouse or other household 87.28 member's income information if there is probable cause to 87.29 believe the spouse or other household member is being used to 87.30 shelter income from a party. If the court finds that income was 87.31 improperly or unfairly sheltered, it may impute income to the 87.32 party or otherwise adjust the support amount in a just and 87.33 proper manner. However, the court may not under any 87.34 circumstances consider income or resources properly attributable 87.35 to a spouse or other household member when setting support. 87.36 Subd. 8. [PRIOR ORDERS BEING PAID.] A child support or 88.1 maintenance order that is currently being paid must be deducted 88.2 from income. 88.3 Sec. 14. [517C.13] [IMPUTED INCOME.] 88.4 Subdivision 1. [NONAPPEARANCE OF A PARTY.] If a parent 88.5 under the jurisdiction of the court does not appear at a court 88.6 hearing after proper notice of the time and place of the 88.7 hearing, the court must set income for that parent based on 88.8 credible evidence before the court or in accordance with 88.9 subdivision 3. Credible evidence may include documentation of 88.10 current or recent income, testimony of the other parent 88.11 concerning recent earnings and income levels, and the parent's 88.12 wage reports filed with the Minnesota department of economic 88.13 security under section 268.044. 88.14 Subd. 2. [VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT.] (a) 88.15 The principles of income imputation apply equally to obligors 88.16 and obligees. 88.17 (b) If the court finds that a parent is voluntarily 88.18 unemployed or underemployed or was voluntarily unemployed or 88.19 underemployed during the period for which past support is being 88.20 sought, support must be calculated based on a determination of 88.21 imputed income. 88.22 (c) A parent is not considered voluntarily unemployed or 88.23 underemployed upon a showing by the parent that: 88.24 (1) the unemployment or underemployment is temporary and 88.25 will ultimately lead to an increase in income; 88.26 (2) the unemployment or underemployment represents a bona 88.27 fide career change that outweighs the adverse effect of that 88.28 parent's diminished income on the child; 88.29 (3) the parent is a recipient of public assistance under 88.30 section 256.741; or 88.31 (4) the parent is physically or mentally incapacitated. 88.32 (d) Imputed income means the estimated earning ability of a 88.33 parent based on the parent's prior earnings history, education, 88.34 and job skills, and on availability of jobs within the community 88.35 for an individual with the parent's qualifications. 88.36 Subd. 3. [INSUFFICIENT INFORMATION.] If there is 89.1 insufficient information to determine actual income or to impute 89.2 income pursuant to subdivision 1 or 2, the court may calculate 89.3 support based on full-time employment of 40 hours per week at 89.4 150 percent of the federal minimum wage or the Minnesota minimum 89.5 wage, whichever is higher. 89.6 Sec. 15. [517C.14] [PRESUMPTIVE CHILD SUPPORT ORDER; 89.7 GENERAL.] 89.8 Subdivision 1. [REBUTTABLE PRESUMPTION.] The guidelines in 89.9 sections 517C.12 to 517C.16 are a rebuttable presumption and 89.10 must be used in all cases when establishing or modifying child 89.11 support. 89.12 Subd. 2. [SUBSTANTIAL UNFAIRNESS; MINIMUM SUPPORT 89.13 AMOUNT.] (a) If the presumptive support amount derived from the 89.14 child support worksheet leaves the obligor with income less than 89.15 150 percent of the federal poverty guidelines, the worksheet 89.16 does not apply and the court must order support in a fair and 89.17 equitable amount that leaves both parties in a substantially 89.18 similar situation in relation to the federal poverty guidelines 89.19 considering: 89.20 (1) the factors outlined in section 517C.17; 89.21 (2) tax credits and deductions available to either party; 89.22 and 89.23 (3) receipt of public assistance by either party. 89.24 (b) In any event, the court must order support in an amount 89.25 not less than $50 per child per month unless the court finds 89.26 that the obligor completely lacks an ability to pay due to a 89.27 circumstance such as a permanent and total disability or 89.28 incarceration without work release privileges. 89.29 (c) For purposes of this section, when determining income 89.30 relative to the federal poverty guidelines, only children common 89.31 to the obligor and obligee are included in the household. 89.32 Subd. 3. [CHILD SUPPORT CAP.] (a) Except as provided under 89.33 paragraph (b), a monthly basic needs obligation in a child 89.34 support order must not exceed: 89.35 (1) $1,500 for one child; 89.36 (2) $2,400 for two children; 90.1 (3) $2,800 for three children; or 90.2 (4) $2,800 plus $300 for each additional child over three 90.3 children. 90.4 (b) A court may order a basic needs obligation in a child 90.5 support order in an amount that exceeds the limit in paragraph 90.6 (a) if it finds that a child has a disability or other 90.7 substantial, demonstrated need for the additional support and 90.8 that the additional support will directly benefit the child. 90.9 (c) The dollar amounts in paragraph (a) must be adjusted on 90.10 July 1 of every even-numbered year to reflect cost-of-living 90.11 changes. The supreme court must select the index for the 90.12 adjustment from the indices listed in section 517C.31. The 90.13 state court administrator must make the changes in the dollar 90.14 amounts required by this paragraph available to courts and the 90.15 public on or before April 30 of the year in which the amount is 90.16 to change. 90.17 Subd. 4. [CHILD CARE COSTS.] (a) The court must require 90.18 verification of employment or school attendance and 90.19 documentation of child care expenses from the obligee and the 90.20 public authority, if applicable. 90.21 (b) If child care expenses fluctuate during the year 90.22 because of seasonal employment or school attendance of the 90.23 obligee or extended periods of parenting time with the obligor, 90.24 the court must determine child care expenses based on an average 90.25 monthly cost. 90.26 (c) The amount allocated for child care expenses is 90.27 considered child support but is not subject to a cost-of-living 90.28 adjustment under section 517C.31. 90.29 (d) The amount allocated for child care expenses terminates 90.30 when either party notifies the public authority that the child 90.31 care costs have ended and without any legal action on the part 90.32 of either party. The public authority must verify the 90.33 information received under this paragraph before authorizing 90.34 termination. The termination is effective as of the date of the 90.35 notification. In other cases where there is a substantial 90.36 increase or decrease in child care expenses, the parties may 91.1 modify the order under section 517C.31. 91.2 (e) The court may allow the parent with whom the child does 91.3 not reside to care for the child while the parent with whom the 91.4 child resides is working, as provided in section 517B.27, 91.5 subdivision 8. Allowing the parent with whom the child does not 91.6 reside to care for the child under section 517B.27, subdivision 91.7 8, is not a reason to deviate from the guidelines. 91.8 Subd. 5. [PARENTING TIME ADJUSTMENTS.] (a) For the purpose 91.9 of applying the proper parenting time adjustment on line 5 of 91.10 the presumptive support worksheet, the following principles 91.11 apply: 91.12 (1) the label given to a custody arrangement is not 91.13 determinative of the applicable adjustment; 91.14 (2) the actual division of parenting time controls; and 91.15 (3) an overnight stay presumptively constitutes a day of 91.16 caregiving. 91.17 (b) A parenting time division approximates joint physical 91.18 custody if each parent provides, or is responsible for 91.19 providing, care at least 45 percent of the days in a year. 91.20 (c) If each parent provides, or is responsible for 91.21 providing, care at least 45 percent of the days in a year, the 91.22 obligor's basic needs obligation on line 5 of the presumptive 91.23 child support worksheet under section 517C.16 is 50 percent of 91.24 the difference between the obligor's and obligee's basic needs 91.25 obligations. The court must make specific written findings in 91.26 support of a parenting time adjustment. 91.27 Subd. 6. [CHILD'S INSURANCE BENEFIT.] In establishing or 91.28 modifying child support, if a child receives a child's insurance 91.29 benefit under United States Code, title 42, section 402, because 91.30 the obligor is entitled to old age or disability insurance 91.31 benefits, the amount of support ordered must be offset by the 91.32 amount of the child's benefit. The court must make findings 91.33 regarding the obligor's income from all sources, the child 91.34 support amount calculated under this chapter, the amount of the 91.35 child's benefit, and the obligor's child support obligation. A 91.36 benefit received by the child in a given month in excess of the 92.1 child support obligation must not be treated as a payment of 92.2 arrears or a future payment. 92.3 Subd. 7. [MORE THAN SIX CHILDREN.] If a child support 92.4 proceeding involves more than six children, the court may derive 92.5 a support order without specifically following the guidelines. 92.6 However, the court must consider the basic principles 92.7 encompassed by the guidelines and must consider the needs, 92.8 resources, and circumstances of both parties. 92.9 Sec. 16. [517C.15] [MEDICAL SUPPORT.] 92.10 Subdivision 1. [DEFINITIONS.] The definitions in this 92.11 subdivision apply to this chapter. 92.12 (a) "Health care coverage" means health care benefits that 92.13 are provided by a health plan. Health care coverage does not 92.14 include any form of medical assistance under chapter 256B or 92.15 MinnesotaCare under chapter 256L. 92.16 (b) "Health carrier" means a carrier as defined in sections 92.17 62A.011, subdivision 2, and 62L.02, subdivision 16. 92.18 (c) "Health plan" means a plan meeting the definition under 92.19 section 62A.011, subdivision 3, or a policy, contract, or 92.20 certificate issued by a community integrated service network 92.21 licensed under chapter 62N, and includes plans: (1) provided on 92.22 an individual and group basis, (2) provided by an employer or 92.23 union, (3) purchased in the private market, (4) available to a 92.24 person eligible to carry insurance for the child, and (5) 92.25 provided through a health plan governed under the federal 92.26 Employee Retirement Income Security Act of 1974 (ERISA), United 92.27 States Code, title 29, section 1169(a). Health plan includes a 92.28 plan providing for dependent-only, dental, or vision coverage 92.29 and a plan provided through a party's spouse or parent. 92.30 (d) "Medical support" means providing health care coverage 92.31 for a child by carrying health care coverage for the child or by 92.32 contributing to the cost of health care coverage, public 92.33 coverage, unreimbursed medical expenses, and uninsured medical 92.34 expenses of the child. 92.35 (e) "National medical support notice" is an administrative 92.36 notice issued by the public authority to enforce medical support 93.1 provisions of a support order in accordance with Code of Federal 93.2 Regulations, title 45, section 303.32. 93.3 (f) "Public coverage" means health care benefits provided 93.4 by any form of medical assistance under chapter 256B or 93.5 MinnesotaCare under chapter 256L. 93.6 (g) "Uninsured medical expenses" means a child's reasonable 93.7 and necessary health-related expenses if the child is not 93.8 covered by a health plan or public coverage when the expenses 93.9 are incurred. 93.10 (h) "Unreimbursed medical expenses" means a child's 93.11 reasonable and necessary health-related expenses if a child is 93.12 covered by a health plan or public coverage and the plan or 93.13 coverage does not pay for the total cost of the expenses when 93.14 the expenses are incurred. Unreimbursed medical expenses do not 93.15 include the cost of premiums. Unreimbursed medical expenses 93.16 include, but are not limited to, deductibles, copayments, and 93.17 expenses for orthodontia, prescription eyeglasses and contact 93.18 lenses, and over-the-counter medicine. 93.19 Subd. 2. [ORDER.] (a) A completed national medical support 93.20 notice issued by the public authority or a court order that 93.21 complies with this section is a qualified medical child support 93.22 order under the federal Employee Retirement Income Security Act 93.23 of 1974 (ERISA), United States Code, title 29, section 1169(a). 93.24 (b) Every order addressing child support must state: 93.25 (1) the names, last known addresses, and social security 93.26 numbers of the parents and the child that is a subject of the 93.27 order unless the court prohibits the inclusion of an address or 93.28 social security number and orders the parent to provide the 93.29 address and social security number to the administrator of the 93.30 health plan; 93.31 (2) whether appropriate health care coverage for the child 93.32 is available and, if so, state: 93.33 (i) which party must carry health care coverage; 93.34 (ii) the cost of premiums and how the cost is allocated 93.35 between the parties; 93.36 (iii) how unreimbursed expenses will be allocated and 94.1 collected by the parties; and 94.2 (iv) the circumstances, if any, under which the obligation 94.3 to provide health care coverage for the child will shift from 94.4 one party to the other; and 94.5 (3) if appropriate health care coverage is not available 94.6 for the child, whether a contribution for medical support is 94.7 required. 94.8 (c) The amount ordered for medical support is subject to a 94.9 cost-of-living adjustment under section 517C.31. 94.10 Subd. 3. [DETERMINATION OF APPROPRIATE COVERAGE.] (a) In 94.11 determining whether a party has appropriate health care coverage 94.12 for the child, the court must evaluate the health plan using the 94.13 following factors: 94.14 (1) accessible coverage. Dependent health care coverage is 94.15 accessible if the covered child can obtain services from a 94.16 health plan provider with reasonable effort by the parent with 94.17 whom the child resides. Health care coverage is presumed 94.18 accessible if: 94.19 (i) primary care coverage is available within 30 minutes or 94.20 30 miles of the child's residence and specialty care coverage is 94.21 available within 60 minutes or 60 miles of the child's 94.22 residence; 94.23 (ii) the coverage is available through an employer and the 94.24 employee can be expected to remain employed for a reasonable 94.25 amount of time; and 94.26 (iii) no preexisting conditions exist to delay coverage 94.27 unduly; 94.28 (2) comprehensive coverage. Dependent health care coverage 94.29 is comprehensive if it includes, at a minimum, medical and 94.30 hospital coverage and provides for preventive, emergency, acute, 94.31 and chronic care. If both parties have health care coverage 94.32 that meets the minimum requirements, the court must determine 94.33 which health care coverage is more comprehensive by considering 94.34 whether the coverage includes: 94.35 (i) basic dental coverage; 94.36 (ii) orthodontics; 95.1 (iii) eyeglasses; 95.2 (iv) contact lenses; 95.3 (v) mental health services; or 95.4 (vi) substance abuse treatment; 95.5 (3) affordable coverage. Dependent health care coverage is 95.6 affordable if a party's gross income is 150 percent of the 95.7 federal poverty guidelines or more and the party's contribution 95.8 to the health care coverage premium does not exceed five percent 95.9 of the party's gross income. If a party's gross income is less 95.10 than 150 percent of the federal poverty guidelines, it is 95.11 presumed that the party is unable to contribute to the cost of 95.12 health care coverage unless health care is available at no or 95.13 low cost to that party; and 95.14 (4) the child's special medical needs, if any. 95.15 (b) If both parties have health care coverage available for 95.16 a child, and the court determines under paragraph (a), clauses 95.17 (1) and (2), that the available coverage is comparable with 95.18 regard to accessibility and comprehensiveness, the least costly 95.19 health care coverage is the appropriate health care coverage for 95.20 the child. 95.21 Subd. 4. [COVERAGE.] (a) If a child is presently enrolled 95.22 in health care coverage, the court must order that the parent 95.23 who currently has the child enrolled continue that enrollment 95.24 unless the parties agree otherwise or a party requests a change 95.25 in coverage and the court determines that other health care 95.26 coverage is more appropriate. 95.27 (b) If a child is not presently enrolled in health care 95.28 coverage, upon motion of a party or the public authority, the 95.29 court must determine whether one or both parties have 95.30 appropriate health care coverage for the child and order the 95.31 party with appropriate health care coverage available to carry 95.32 the coverage for the child. 95.33 (c) If only one party has appropriate health care coverage 95.34 available, the court must order that party to carry the coverage 95.35 for the child. 95.36 (d) If both parties have appropriate health care coverage 96.1 available, the court must order the parent with whom the child 96.2 resides to carry the coverage for the child, unless: 96.3 (1) either party expresses a preference for coverage 96.4 available through the parent with whom the child does not 96.5 reside; 96.6 (2) the parent with whom the child does not reside is 96.7 already carrying dependent health care coverage for other 96.8 children and the cost of contributing to the premiums of the 96.9 other parent's coverage would cause the parent with whom the 96.10 child does not reside extreme hardship; or 96.11 (3) both parents agree to provide coverage and agree on the 96.12 allocation of costs. 96.13 If the exception in clause (1) or (2) applies, the court must 96.14 determine which party has the most appropriate coverage 96.15 available and order that party to carry coverage for the child. 96.16 If the court determines under subdivision 3, paragraph (a), 96.17 clauses (1) and (2), that the parties' health care coverage for 96.18 the child is comparable with regard to accessibility and 96.19 comprehensiveness, the court must order the party with the least 96.20 costly health care coverage to carry coverage for the child. 96.21 (e) If neither party has appropriate health care coverage 96.22 available, the court must order the parent with whom the child 96.23 does not reside to contribute toward the cost of public coverage 96.24 for the child or the child's uninsured medical expenses in an 96.25 amount equal to the lesser of: 96.26 (1) five percent of gross income; or 96.27 (2) the monthly amount the parent with whom the child does 96.28 not reside would pay for the child's premiums if the parent's 96.29 income meets the eligibility requirements for public coverage. 96.30 For purposes of determining the premium amount, a parent's 96.31 household size is equal to the parent plus the child who is the 96.32 subject of the child support order. The court may order the 96.33 parent with whom the child resides to apply for public coverage 96.34 for the child. 96.35 Subd. 5. [CALCULATING MEDICAL SUPPORT; UNREIMBURSED 96.36 MEDICAL EXPENSES.] (a) The court must calculate the cost of 97.1 medical support on line 7 of the presumptive child support 97.2 worksheet under section 517C.16. Unless otherwise agreed by the 97.3 parties and approved by the court, the court must order that the 97.4 cost of health care coverage be divided between the obligor and 97.5 obligee based on their proportionate share of the parties' 97.6 combined gross income. 97.7 (b) If a party's obligation for health care coverage 97.8 premiums is greater than five percent of the party's gross 97.9 income, the court may order the other party to contribute more 97.10 for the cost of the premiums, if doing so would not result in 97.11 extreme hardship to that party. If an additional contribution 97.12 causes a party extreme hardship, the court must order the 97.13 obligor to contribute the lesser of the two amounts under 97.14 subdivision 4, paragraph (e). 97.15 (c) The court must order that all unreimbursed medical 97.16 expenses be divided between the obligor and obligee based on 97.17 their proportionate share of the parties' combined gross income. 97.18 Subd. 6. [ALLOCATING MEDICAL SUPPORT COSTS.] (a) If the 97.19 party ordered to carry health care coverage for the child 97.20 already carries dependent health care coverage for other 97.21 dependents and would incur no additional premium costs to add 97.22 the child to the existing coverage, the court must not order the 97.23 other party to contribute to the premium costs for coverage of 97.24 the child. 97.25 (b) If a party ordered to carry health care coverage for 97.26 the child does not already carry dependent health care coverage 97.27 but has other dependents who may be added to the ordered 97.28 coverage, the full premium costs of the dependent health care 97.29 coverage must be allocated between the parties in proportion to 97.30 the party's share of the parties' combined income available for 97.31 child support, unless the parties agree otherwise. 97.32 (c) If a party ordered to carry health care coverage for 97.33 the child is required to enroll in a health plan so that the 97.34 child can be enrolled in dependent health care coverage under 97.35 the plan, the court must allocate the costs of the dependent 97.36 health care coverage between the parties. The costs of the 98.1 health care coverage for the party ordered to carry the coverage 98.2 for the child must not be allocated between the parties. 98.3 Subd. 7. [NOTICE TO EMPLOYER BY PUBLIC AUTHORITY OR 98.4 COURT.] (a) A copy of the national medical support notice or 98.5 court order for health care coverage must be forwarded by the 98.6 public authority to the employer within two business days after 98.7 the date an employee is entered into the work reporting system 98.8 under section 256.998. 98.9 (b) If a party is ordered to carry health care coverage for 98.10 the child and the public authority provides support enforcement 98.11 services, the public authority must forward a copy of the 98.12 national medical support notice or notice of medical support 98.13 withholding to the party's employer or union and to the health 98.14 carrier when the conditions under paragraph (d) are met or when 98.15 ordered by the court. 98.16 (c) If the public authority does not provide support 98.17 enforcement services, the party seeking to enforce the order may 98.18 forward a copy of the court order for health care coverage for 98.19 the child to the employer or union of the party ordered to carry 98.20 coverage and to the health carrier when the conditions under 98.21 paragraph (d) are met or when ordered by the court. 98.22 (d) The public authority or party seeking to enforce the 98.23 order must forward a copy of the national medical support notice 98.24 or court order for health care coverage to the employer under 98.25 paragraphs (b) and (c) if: 98.26 (1) the party ordered to carry health care coverage for the 98.27 child fails to provide written proof to the other party or the 98.28 public authority, within 30 days of the effective date of the 98.29 court order, that health care coverage has been obtained for the 98.30 child; 98.31 (2) the other party or the public authority gives written 98.32 notice to the party ordered to carry health care coverage for 98.33 the child of intent to enforce medical support. The other party 98.34 or public authority must mail the written notice to the last 98.35 known address of the party ordered to carry health care coverage 98.36 for the child; and 99.1 (3) the party ordered to carry health care coverage for the 99.2 child fails, within 15 days after the date on which the written 99.3 notice under clause (2) was mailed, to provide written proof to 99.4 the other party or the public authority that the party has 99.5 obtained health care coverage for the child. 99.6 Subd. 8. [EFFECT OF ORDER.] (a) A new employer or union of 99.7 a party who is ordered to provide health care coverage for the 99.8 child must enroll the child in the party's health plan as 99.9 required by a national medical support notice or court order. 99.10 (b) If a health plan administrator receives a completed 99.11 national medical support notice, the plan administrator must 99.12 notify the public authority within 40 business days after the 99.13 date of the notice of the following: 99.14 (1) whether coverage is available to the child under the 99.15 terms of the health plan; 99.16 (2) whether the child is covered under the health plan; 99.17 (3) the effective date of the child's coverage under the 99.18 health plan; and 99.19 (4) what steps, if any, are required to effectuate the 99.20 child's coverage under the health plan. 99.21 (c) The plan administrator must also provide the public 99.22 authority and the parties with a notice of enrollment of the 99.23 child, description of the coverage, and any documents necessary 99.24 to effectuate coverage. 99.25 Subd. 9. [CONTESTING ENROLLMENT.] (a) A party may contest 99.26 the enrollment of a child in a health plan on the limited 99.27 grounds that the enrollment is improper due to mistake of fact 99.28 or that the enrollment meets the requirements of section 517C.26. 99.29 If the party chooses to contest the enrollment, the party must 99.30 do so no later than 15 days after the employer notifies the 99.31 party of the enrollment by doing the following: 99.32 (1) filing a request for hearing according to section 99.33 484.702; 99.34 (2) serving a copy of the request for hearing upon the 99.35 public authority and the other party; and 99.36 (3) securing a date for the matter to be heard no later 100.1 than 45 days after the notice of enrollment. 100.2 (b) The enrollment must remain in place while the party 100.3 contests the enrollment. 100.4 Subd. 10. [EMPLOYER OR UNION REQUIREMENTS.] (a) An 100.5 employer must send the national medical support notice to its 100.6 health plan within 20 business days after the date on the 100.7 national medical support notice. 100.8 (b) An employer or union that is included under the federal 100.9 Employee Retirement Income Security Act of 1974 (ERISA), United 100.10 States Code, title 29, section 1169(a), may not deny enrollment 100.11 to the child or to the parent if necessary to enroll the child 100.12 based on exclusionary clauses described in section 62A.048. 100.13 (c) Upon application of the party, or if a court orders a 100.14 party to carry health insurance coverage for a child, the 100.15 employer or union and its health plan must enroll the child as a 100.16 beneficiary in the health plan and withhold any required 100.17 premiums from the income or wages of the party ordered to carry 100.18 health care coverage for the child. 100.19 (d) If more than one plan is offered by the employer or 100.20 union and the national medical support notice or court order 100.21 does not specify the plan to be carried, the plan administrator 100.22 must notify the parents and the public authority. 100.23 (e) If the party ordered to carry health care coverage for 100.24 the child is not enrolled in the health plan, the employer or 100.25 union must also enroll the party in the chosen plan if 100.26 enrollment of the party is necessary to obtain dependent health 100.27 care coverage under the plan. 100.28 (f) Enrollment of dependents and, if necessary, the party 100.29 ordered to carry health care coverage for the child must be 100.30 immediate and not dependent upon open enrollment periods. 100.31 Enrollment is not subject to the underwriting policies under 100.32 section 62A.048. 100.33 (g) Failure of the party ordered to carry health care 100.34 coverage for the child to execute any documents necessary to 100.35 enroll the dependent in the health plan does not affect the 100.36 obligation of the employer or union and health plan to enroll 101.1 the dependent in a plan. Information and authorization provided 101.2 by the public authority, or by a party or guardian, is valid for 101.3 the purposes of meeting enrollment requirements of the health 101.4 plan. 101.5 Subd. 11. [EMPLOYER LIABILITY.] An employer or union that 101.6 willfully fails to comply with the order is liable for any 101.7 uninsured medical expenses incurred by the dependents while the 101.8 dependents were eligible to be enrolled in the health plan and 101.9 for any other premium costs incurred because the employer or 101.10 union willfully failed to comply with the order. An employer or 101.11 union that fails to comply with the order is subject to a 101.12 finding of contempt and a $250 civil penalty under section 101.13 517C.57 and is also subject to a civil penalty of $500 to be 101.14 paid to the party entitled to reimbursement or the public 101.15 authority. Penalties paid to the public authority are 101.16 designated for child support enforcement services. 101.17 Subd. 12. [DISENROLLMENT; CONTINUATION OF COVERAGE; 101.18 OPTIONS IN COVERAGE.] (a) A child for whom a party is required 101.19 to provide health care coverage under this section must be 101.20 covered as a dependent of the party until the child is 101.21 emancipated, until further order of the court, or as consistent 101.22 with the terms of the coverage. 101.23 (b) The health carrier, employer, or union may not 101.24 disenroll or eliminate coverage for the child unless: 101.25 (1) the health carrier, employer, or union is provided 101.26 satisfactory written evidence that the court order is no longer 101.27 in effect; 101.28 (2) the child is or will be enrolled in comparable health 101.29 care coverage through another health plan that will take effect 101.30 no later than the effective date of the disenrollment; 101.31 (3) the employee is no longer eligible for dependent 101.32 coverage; or 101.33 (4) the required premium has not been paid by or on behalf 101.34 of the child. 101.35 (c) If disenrollment or elimination of coverage of a child 101.36 under this subdivision is based upon nonpayment of premiums, the 102.1 health plan must provide 30 days' written notice to the child's 102.2 parents and the public authority, if the public authority is 102.3 providing support enforcement services, prior to the 102.4 disenrollment or elimination of coverage. 102.5 (d) A child enrolled in health care coverage under a 102.6 qualified medical child support order, including a national 102.7 medical support notice, under this section is a dependent and a 102.8 qualified beneficiary under the Consolidated Omnibus Budget and 102.9 Reconciliation Act of 1985 (COBRA), Public Law Number 99-272. 102.10 Upon expiration of the order, the child is entitled to the 102.11 opportunity to elect continued coverage that is available under 102.12 the health plan. Notice must be provided by the employer or 102.13 union to the parties and the public authority, if it provides 102.14 child support services, within ten days of the termination date. 102.15 (e) If the public authority provides support enforcement 102.16 services and a plan administrator reports to the public 102.17 authority that there is more than one coverage option available 102.18 under the health plan, the public authority, in consultation 102.19 with the parents, must promptly select coverage from the 102.20 available options. If the parents fail to cooperate in a 102.21 reasonable period of time, the public authority must select 102.22 coverage from the available health plan options. 102.23 Subd. 13. [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court 102.24 must require the parent with whom the child does not reside to 102.25 provide dependent health care coverage for the benefit of the 102.26 parent with whom the child resides if the parent with whom the 102.27 child does not reside is ordered to provide dependent health 102.28 care coverage for the parties' child and adding the other parent 102.29 to the coverage results in no additional premium cost to the 102.30 parent with whom the child does not reside. 102.31 Subd. 14. [PLAN REIMBURSEMENT.] The signature of a parent 102.32 of the insured child is a valid authorization to a health plan 102.33 for purposes of processing an insurance reimbursement payment to 102.34 the provider of the medical services or to the parent if medical 102.35 services have been prepaid by that parent. 102.36 Subd. 15. [CORRESPONDENCE AND NOTICE.] The health plan 103.1 must send copies of all correspondence regarding the health care 103.2 coverage to both parents. 103.3 Subd. 16. [DISCLOSURE OF INFORMATION.] (a) Parties must 103.4 provide the public authority with the following information when 103.5 support enforcement services are provided: 103.6 (1) information relating to dependent health care coverage 103.7 or public coverage available for the benefit of the child for 103.8 whom support is sought, including all information required to be 103.9 included in a medical support order under this section; 103.10 (2) verification that application for court-ordered health 103.11 care coverage was made within 30 days of the court's order; and 103.12 (3) the reason that a child is not enrolled in 103.13 court-ordered health care coverage, if a child is not enrolled 103.14 in coverage or subsequently loses coverage. 103.15 (b) Upon request from the public authority under section 103.16 256.978, an employer, union, or plan administrator, including an 103.17 employer subject to the federal Employee Retirement Income 103.18 Security Act of 1974 (ERISA), United States Code, title 29, 103.19 section 1169(a), must provide the public authority the following 103.20 information: 103.21 (1) information relating to dependent health care coverage 103.22 available to a party for the benefit of the child for whom 103.23 support is sought, including all information required to be 103.24 included in a medical support order under this section; and 103.25 (2) information that will enable the public authority to 103.26 determine whether a health plan is appropriate for a child, 103.27 including, but not limited to, all available plan options, any 103.28 geographic service restrictions, and the location of service 103.29 providers. 103.30 (c) The employer, union, or plan administrator must not 103.31 release information regarding one party to the other party. The 103.32 employer, union, or plan administrator must provide both parties 103.33 with insurance identification cards and all necessary written 103.34 information to enable the parties to utilize the insurance 103.35 benefits for the covered dependents. 103.36 (d) The public authority is authorized to release to a 104.1 party's employer, union, or health plan information necessary to 104.2 obtain or enforce medical support. 104.3 (e) An employee must disclose to an employer if medical 104.4 support is required to be withheld under this section and the 104.5 employer must begin withholding according to the terms of the 104.6 order and under section 517C.52. If an employee discloses an 104.7 obligation to obtain health care coverage and coverage is 104.8 available through the employer, the employer must make all 104.9 application processes known to the individual and enroll the 104.10 employee and dependent in the plan under subdivision 10. 104.11 Subd. 17. [APPLICATION FOR CHILD SUPPORT ENFORCEMENT 104.12 SERVICES.] The public authority must take necessary steps to 104.13 establish and enforce an order for medical support if the child 104.14 receives public assistance or a party completes an application 104.15 for services from the public authority. 104.16 Subd. 18. [ENFORCEMENT.] (a) Remedies available for the 104.17 collection and enforcement of child support apply to medical 104.18 support. For the purpose of enforcement, the costs of 104.19 individual or group health or hospitalization coverage, dental 104.20 coverage, all medical costs ordered by the court to be paid by 104.21 either party, including health and dental insurance premiums 104.22 paid by the obligee because of the obligor's failure to obtain 104.23 coverage as ordered, or liabilities established under this 104.24 subdivision, are additional support. 104.25 (b) If a party owes a basic support obligation for a child 104.26 and is ordered to carry health care coverage for the child, and 104.27 the other party is ordered to contribute to the carrying party's 104.28 cost for coverage, the carrying party's basic support payment 104.29 must be reduced by the amount of the contributing party's 104.30 contribution. 104.31 (c) If a party owes a basic support obligation for a child 104.32 and is ordered to contribute to the other party's cost for 104.33 carrying health care coverage for the child, the contributing 104.34 party's basic support payment must be increased by the amount of 104.35 the contribution. 104.36 (d) If a party owes no basic support obligation for a child 105.1 and is ordered to contribute to the other party's cost for 105.2 carrying health care coverage for the child, the contributing 105.3 party is subject to income withholding under section 517C.52 for 105.4 the amount of the contribution to the carrying party's cost for 105.5 health care coverage for the child. 105.6 (e) If a party's court-ordered health care coverage for the 105.7 child terminates and the child is not enrolled in other health 105.8 care coverage or public coverage, and a modification motion is 105.9 not pending, the public authority may remove the offset to the 105.10 basic support obligation or terminate income withholding 105.11 instituted against a party under section 517C.52. The public 105.12 authority must provide notice to the parties of the action taken. 105.13 (f) A party may contest the action of the public authority 105.14 to remove the offset to the basic support obligation or 105.15 terminate income withholding if the party makes a written 105.16 request for a hearing within 30 days after receiving written 105.17 notice. If a party makes a timely request for a hearing, the 105.18 public authority must schedule a hearing and give written notice 105.19 of the hearing to the parties at least 14 days before the 105.20 hearing. The written notice of the hearing must be sent by mail 105.21 to the parties' last known addresses. The hearing must be 105.22 conducted in district court or in the expedited child support 105.23 process if section 484.702 applies. The district court or child 105.24 support magistrate must determine whether removal of the offset 105.25 or termination of income withholding is appropriate and, if 105.26 appropriate, the effective date for the removal or termination. 105.27 If the party does not request a hearing, the court must order 105.28 the offset or termination effective the first day of the month 105.29 following termination of the child's health care coverage. 105.30 (g) A party who fails to carry court-ordered dependent 105.31 health care coverage is liable for the child's uninsured medical 105.32 expenses unless a court order provides otherwise. A party's 105.33 failure to carry court-ordered coverage, or to provide other 105.34 medical support as ordered, is a basis for modification of a 105.35 support order under section 517C.28. 105.36 (h) Payments by the health carrier or employer for services 106.1 rendered to the dependents that are directed to a party not owed 106.2 reimbursement must be endorsed over to and forwarded to the 106.3 vendor or appropriate party or the public authority. A party 106.4 retaining insurance reimbursement not owed to the party is 106.5 liable for the amount of the reimbursement. 106.6 Subd. 19. [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL 106.7 EXPENSES.] (a) A request for reimbursement of unreimbursed and 106.8 uninsured medical expenses must be initiated within two years of 106.9 the date that the unreimbursed or uninsured medical expenses 106.10 were incurred. The time period in this paragraph does not apply 106.11 if the location of the other parent is unknown. 106.12 (b) A party seeking reimbursement of unreimbursed and 106.13 uninsured medical expenses must mail the other party written 106.14 notice of intent to collect the expenses and an affidavit of 106.15 health care expenses to the other party at the party's last 106.16 known address. The affidavit of health care expenses must 106.17 itemize and document the child's unreimbursed or uninsured 106.18 medical expenses. A copy of the bills, receipts, and the 106.19 insurance company's explanation of the benefits must be attached 106.20 to the affidavit. The written notice must include a statement 106.21 that the party has 30 days from the date of mailing the notice 106.22 to pay in full, enter a payment agreement, or file a motion 106.23 requesting a hearing contesting the matter. If the public 106.24 authority provides support enforcement services, the written 106.25 notice also must include a statement that the requesting party 106.26 must submit the amount due to the public authority for 106.27 collection. 106.28 (c) If, after 30 days, the other party has not paid in 106.29 full, the parties are unable to enter a payment agreement, or 106.30 the other party has not filed a motion contesting the matter, 106.31 and: 106.32 (1) if the public authority provides support enforcement 106.33 services, the requesting party must send the original affidavit, 106.34 a copy of the written notice, and copies of the bills, receipts, 106.35 and the insurance company's explanation of the benefits to the 106.36 public authority. The public authority must serve the other 107.1 party with a notice of intent to enforce unreimbursed and 107.2 uninsured medical expenses and file an affidavit of service by 107.3 mail with the district court administrator. The notice must 107.4 provide that, unless the other party pays in full, enters into a 107.5 payment agreement, or files a motion contesting the matter 107.6 within 14 days of service of the notice, the public authority 107.7 will commence enforcement under subdivision 20; or 107.8 (2) if the public authority does not provide support 107.9 enforcement services, the requesting party may move the court 107.10 for enforcement. 107.11 (d) If the party who receives notice under paragraph (b) or 107.12 (c), clause (1), files a timely motion for a hearing contesting 107.13 the requested reimbursement, a hearing must be scheduled in 107.14 district court or in the expedited child support process if 107.15 section 484.702 applies. The contesting party must provide the 107.16 party seeking reimbursement and the public authority, if the 107.17 public authority provides support enforcement services, with 107.18 written notice of the hearing at least 14 days before the 107.19 hearing by mailing notice of the hearing to the public authority 107.20 and the party at the party's last known address. The party 107.21 seeking reimbursement must file the original affidavit of health 107.22 care expenses with the court at least five days before the 107.23 hearing. Based upon the evidence presented, the court must 107.24 determine liability for the expenses and order that the liable 107.25 party is subject to enforcement of the expenses as medical 107.26 support arrears under subdivision 20. 107.27 Subd. 20. [ENFORCING AN ORDER FOR MEDICAL SUPPORT 107.28 ARREARS.] (a) If a party liable for unreimbursed and uninsured 107.29 medical expenses under subdivision 19 owes a basic support 107.30 obligation to the party seeking reimbursement of the expenses, 107.31 the expenses must be collected as medical support arrears as 107.32 follows: 107.33 (1) if income withholding under section 517C.52 is 107.34 available, medical support arrears must be withheld from a 107.35 liable party's income or wages pursuant to section 517C.60; or 107.36 (2) if income withholding under section 517C.52 is not 108.1 available, a liable party must pay medical support arrears under 108.2 the terms of a payment agreement under section 517C.71. If a 108.3 liable party fails to enter into or comply with a payment 108.4 agreement, the party seeking reimbursement or the public 108.5 authority, if it provides support enforcement services, may 108.6 schedule a hearing to have a court order payment. The party 108.7 seeking reimbursement or the public authority must provide the 108.8 liable party with written notice of the hearing at least 14 days 108.9 before the hearing. 108.10 (b) If a party liable for unreimbursed and uninsured 108.11 medical expenses does not owe a basic support obligation to the 108.12 party seeking reimbursement, and the party seeking reimbursement 108.13 owes the liable party child support arrears, the liable party's 108.14 medical support arrears under subdivision 19 must be deducted 108.15 from the amount of the child support arrears. If a liable party 108.16 owes medical support arrears after deducting the amount owed 108.17 from the amount of the child support arrears owed by the party 108.18 seeking reimbursement, it must be collected as follows: 108.19 (1) if the party seeking reimbursement owes a basic support 108.20 obligation to the liable party, the basic support obligation 108.21 must be reduced by 20 percent until the medical support arrears 108.22 are satisfied; 108.23 (2) if the party seeking reimbursement does not owe a basic 108.24 support obligation to the liable party, the liable party's 108.25 income must be subject to income withholding under section 108.26 517C.52 for an amount required under section 517C.71 until the 108.27 medical support arrears are satisfied; or 108.28 (3) if the party seeking reimbursement does not owe a basic 108.29 support obligation, and income withholding under section 517C.52 108.30 is not available, payment of the medical support arrears must be 108.31 required under a payment agreement under section 517C.71. 108.32 Sec. 17. [517C.16] [PRESUMPTIVE CHILD SUPPORT WORKSHEET.] 108.33 The court must use the following worksheet to determine the 108.34 presumptive child support order: 108.35 1. Monthly Income: 108.36 a. Obligor: ....... 109.1 b. Obligee: ....... 109.2 2. Parents' Combined Income: line 1a plus line 1b: ..... 109.3 3. Parental Share: 109.4 a. Obligor: line 1a divided by line 2: ....... 109.5 b. Obligee: line 1b divided by line 2: ....... 109.6 4. Basic Needs: 109.7 a. Shared Responsibility: 109.8 Parents combined monthly income 109.9 x .09 109.10 + 300 109.11 =....... (one child) 109.12 x 1.61 (two children)= ....... 109.13 x 1.86 (three children)= ....... 109.14 x 2.06 (four children)= ....... 109.15 x 2.26 (five children)= ....... 109.16 x 2.46 (six children)= ....... 109.17 b. Obligor Proportionate Responsibility: line 3a 109.18 multiplied by line 4a: ....... 109.19 c. Obligee Proportionate Responsibility: line 3b 109.20 multiplied by line 4a: ....... 109.21 5. Basic Needs Obligation After Parenting Time Adjustment: 109.22 Parenting time division approximates joint physical custody: 109.23 Line 4b 109.24 - Line 4c 109.25 x .5 109.26 = ..... 109.27 6. Child Care Needs (complete appropriate section): 109.28 a. Obligor paying for child care: cost of child care 109.29 (.......) multiplied by line 3b: ....... (deduct from support 109.30 obligation) 109.31 b. Obligee paying for child care or obligor's income 109.32 exceeds eligibility requirements for basic sliding fee child 109.33 care; not receiving basic sliding fee child care: cost of child 109.34 care (.......) multiplied by line 3a: ........ 109.35 c. Obligee receiving basic sliding fee child care: order 109.36 reimbursement to the state in an amount equal to copayment 110.1 obligor would make, based on line 1a, if obligor was receiving 110.2 basic sliding fee child care: ....... 110.3 7. Medical Support (complete appropriate section): 110.4 a. Obligor providing health care coverage: line 3b 110.5 multiplied by cost of health care coverage: ....... (deduct 110.6 from support obligation) 110.7 b. Obligee providing health care coverage: line 3a 110.8 multiplied by cost of health care coverage: ....... 110.9 c. Obligor and obligee do not have appropriate health care 110.10 coverage: obligor must pay the lesser of the following amounts: 110.11 (i) the monthly premium amount obligor would pay if 110.12 obligor's income meets the income eligibility requirements for 110.13 public coverage: ....... or 110.14 (ii) five percent of obligor's monthly gross income, if 110.15 obligor's income does not meet the eligibility requirements for 110.16 public coverage: ....... 110.17 8. Presumed child support amount: add (or subtract, when 110.18 appropriate) amounts from lines 5, 6, and 7: ....... 110.19 Sec. 18. [517C.17] [DEVIATIONS.] 110.20 Subdivision 1. [GENERAL FACTORS.] In addition to the child 110.21 support guidelines, the court must take into consideration the 110.22 following factors in setting or modifying child support or in 110.23 determining whether to deviate from the guidelines: 110.24 (1) all earnings, income, and resources of the parents, 110.25 including real and personal property, but excluding income from 110.26 excess employment of the obligor or obligee that meets the 110.27 criteria of section 517C.12, subdivision 5; 110.28 (2) the financial needs and resources, physical and 110.29 emotional condition, and educational needs of the child to be 110.30 supported; 110.31 (3) the standard of living the child would have enjoyed had 110.32 the marriage not been dissolved, but recognizing that the 110.33 parents now have separate households; 110.34 (4) which parent receives the income taxation dependency 110.35 exemption and the financial benefit the parent receives from it; 110.36 (5) the parents' debts as provided in subdivision 2; 111.1 (6) the obligor's receipt of public assistance under the 111.2 AFDC program formerly codified under sections 256.72 to 256.82 111.3 or 256B.01 to 256B.40 and chapter 256J or 256K; and 111.4 (7) the child spends between 33 and 45 percent of 111.5 overnights with the obligor pursuant to a court order or with 111.6 the consent of the obligee, which results in an increased 111.7 financial burden on the obligor. 111.8 Subd. 2. [DEBT.] In establishing or modifying a support 111.9 obligation, the court may consider debts owed to private 111.10 creditors, but only if: 111.11 (1) the right to support has not been assigned under 111.12 section 256.741; 111.13 (2) the court determines that the debt was reasonably 111.14 incurred for necessary support of the child or parent or for the 111.15 necessary generation of income. If the debt was incurred for 111.16 the necessary generation of income, the court may consider only 111.17 the amount of debt that is essential to the continuing 111.18 generation of income; and 111.19 (3) the party requesting a departure produces a sworn 111.20 schedule of the debts, with supporting documentation, showing 111.21 goods or services purchased, the recipient of them, the amount 111.22 of the original debt, the outstanding balance, the monthly 111.23 payment, and the number of months until the debt will be fully 111.24 paid. 111.25 (b) A schedule prepared under paragraph (a), clause (3), 111.26 must contain a statement that the debt will be fully paid after 111.27 the number of months shown in the schedule, barring emergencies 111.28 beyond the party's control. 111.29 (c) Any further departure below the guidelines that is 111.30 based on a consideration of debts owed to private creditors must 111.31 not exceed 18 months in duration. After 18 months the support 111.32 must increase automatically to the level ordered by the court. 111.33 This section does not prohibit one or more step increases in 111.34 support to reflect debt retirement during the 18-month period. 111.35 (d) If payment of debt is ordered pursuant to this section, 111.36 the payment must be ordered to be in the nature of child support. 112.1 Subd. 3. [EVIDENCE.] The court may receive evidence on the 112.2 factors in this section to determine if the guidelines should be 112.3 exceeded or modified in a particular case. 112.4 Subd. 4. [NO DEVIATION WHEN PAYMENTS ARE MADE TO THE 112.5 PUBLIC AUTHORITY EXCEPT FOR EXTREME HARDSHIP.] If the child 112.6 support payments are assigned to the public authority, the court 112.7 may not deviate downward from the child support guidelines 112.8 unless the court specifically finds that the failure to deviate 112.9 downward would impose an extreme hardship on the obligor. 112.10 Subd. 5. [NO DEPARTURE BASED ON JOINT LEGAL CUSTODY.] An 112.11 award of joint legal custody is not a reason for departure from 112.12 the guidelines. 112.13 Sec. 19. [517C.18] [WRITTEN FINDINGS.] 112.14 Subdivision 1. [NO DEVIATION.] If the court does not 112.15 deviate from the guidelines, the court must make written 112.16 findings concerning the amount of the parties' income used as 112.17 the basis for the guidelines calculation and any other 112.18 significant evidentiary factors affecting the determination of 112.19 child support. 112.20 Subd. 2. [DEVIATION.] (a) If the court deviates from the 112.21 guidelines, the court must make written findings giving the 112.22 amount of support calculated under the guidelines, the reasons 112.23 for the deviation, and must specifically address the criteria in 112.24 section 517C.17 and how the deviation serves the best interests 112.25 of the child. 112.26 (b) The court may deviate from the guidelines if both 112.27 parties agree and the court makes written findings that it is in 112.28 the best interests of the child, except that in cases where 112.29 child support payments are assigned to the public authority 112.30 under section 256.741, the court may deviate downward only as 112.31 provided in section 517C.17, subdivision 4. Nothing in this 112.32 section prohibits the court from deviating in other cases. 112.33 Subd. 3. [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 112.34 provisions of this section apply whether or not the parties are 112.35 each represented by independent counsel and have entered into a 112.36 written agreement. The court must review stipulations presented 113.1 to it for conformity to the guidelines. The court is not 113.2 required to conduct a hearing, but the parties must provide the 113.3 documentation of earnings required under section 517C.10. 113.4 Sec. 20. [517C.19] [GUIDELINES REVIEW.] 113.5 No later than 2004 and every four years after that, the 113.6 department of human services must conduct a review of the child 113.7 support guidelines. 113.8 Sec. 21. [517C.20] [EDUCATION TRUST FUND.] 113.9 The parties may agree to designate a sum of money above 113.10 court-ordered child support as a trust fund for the costs of 113.11 post-secondary education. 113.12 Sec. 22. [517C.25] [MODIFICATION; GENERAL.] 113.13 Subdivision 1. [AUTHORITY.] After a child support order is 113.14 established, the court may, on motion of a party, modify the 113.15 order respecting the amount and payment of support. The court 113.16 may make an order respecting any matters it had authority to 113.17 address in the original proceeding, except as otherwise provided 113.18 in section 517C.29. A party or the public authority also may 113.19 make a motion for contempt of court if the obligor is in arrears 113.20 in support payments. 113.21 Subd. 2. [GUIDELINES REMAIN APPLICABLE.] On a motion for 113.22 modification of support, the guidelines in this chapter remain 113.23 applicable. 113.24 Subd. 3. [EVIDENTIARY HEARING NOT REQUIRED.] The court 113.25 need not hold an evidentiary hearing on a motion for 113.26 modification of child support. 113.27 Subd. 4. [FORM.] The state court administrator must 113.28 prepare and make available to courts, obligors, and obligees a 113.29 form to be submitted in support of a motion for a modification 113.30 of child support or for contempt of court. 113.31 Sec. 23. [517C.26] [REOPENING AN ORDER.] 113.32 Subdivision 1. [FACTORS.] Upon the motion of a party, the 113.33 court may rescind a child support order or judgment and may 113.34 issue a new order or grant other relief as may be just for the 113.35 following reasons: 113.36 (1) mistake, inadvertence, surprise, or excusable neglect; 114.1 (2) newly discovered evidence that could not have been 114.2 discovered by due diligence in time to move for a new trial 114.3 under the rules of civil procedure; 114.4 (3) fraud, whether denominated intrinsic or extrinsic, 114.5 misrepresentation, or other misconduct of an adverse party; 114.6 (4) the judgment or order is void; 114.7 (5) the judgment has been satisfied, released, or 114.8 discharged; 114.9 (6) the judgment is based on a prior order that has been 114.10 reversed or otherwise vacated; or 114.11 (7) it is no longer equitable that the order should have 114.12 prospective application. 114.13 Subd. 2. [PROCEDURE; EFFECT.] The motion must be made 114.14 within a reasonable time, and, for a reason under subdivision 1, 114.15 clause (1), (2), or (3), not more than one year after the 114.16 judgment and decree, order, or proceeding was entered or taken. 114.17 A motion under this section does not affect the finality of an 114.18 order or suspend its operation. This section does not limit the 114.19 power of a court to entertain an independent action to relieve a 114.20 party from an order or proceeding or to grant relief to a party 114.21 not actually personally notified as provided in the rules of 114.22 civil procedure, or to set aside a judgment for fraud upon the 114.23 court. 114.24 Sec. 24. [517C.27] [CHANGE IN CUSTODY OR PARENTING TIME.] 114.25 Subdivision 1. [OFFICIAL CHANGE IN CUSTODY.] If an obligee 114.26 has been granted sole physical custody of a child, the child 114.27 subsequently lives with the obligor, and temporary sole physical 114.28 custody has been approved by the court or by a court-appointed 114.29 referee, the court may suspend the obligor's child support 114.30 obligation pending the final custody determination. The court's 114.31 order denying the suspension of child support must include a 114.32 written explanation of the reasons why continuation of the child 114.33 support obligation would be in the best interests of the child. 114.34 Subd. 2. [UNOFFICIAL CHANGE IN CUSTODY.] The court may 114.35 conclude that an obligor has satisfied a child support 114.36 obligation by providing a home, care, and support for the child 115.1 while the child is living with the obligor, if the court finds 115.2 that the child was integrated into the family of the obligor 115.3 with the consent of the obligee and child support payments were 115.4 not assigned to the public authority. 115.5 Subd. 3. [30-DAY CHANGE.] A support order issued under 115.6 this chapter may provide that during any period of time of 30 115.7 consecutive days or longer that the child is residing with the 115.8 obligor, the amount of support otherwise due under the order may 115.9 be reduced. 115.10 Sec. 25. [517C.28] [SUBSTANTIAL CHANGE IN CIRCUMSTANCES, 115.11 EARNINGS, OR NEEDS.] 115.12 Subdivision 1. [FACTORS.] The terms of a child support 115.13 order may be modified upon a showing of one or more of the 115.14 following: 115.15 (1) substantially increased or decreased earnings of a 115.16 party; 115.17 (2) substantially increased or decreased need of a party or 115.18 the child that is the subject of these proceedings; 115.19 (3) receipt of assistance under the AFDC program formerly 115.20 codified under sections 256.72 to 256.87 or 256B.01 to 256B.40 115.21 or chapter 256J or 256K; 115.22 (4) a change in the cost of living for either party, as 115.23 measured by the federal Bureau of Statistics, that makes the 115.24 terms unreasonable and unfair; 115.25 (5) extraordinary medical expenses of the child not 115.26 provided for under section 517C.15; 115.27 (6) the addition of work-related or education-related child 115.28 care expenses of the obligee or a substantial increase or 115.29 decrease in existing work-related or education-related child 115.30 care expenses; or 115.31 (7) upon the emancipation of a child if there is still a 115.32 child under the order. A child support obligation for two or 115.33 more children that is not a support obligation in a specific 115.34 amount per child continues in the full amount until modified or 115.35 until the emancipation of the last child for whose benefit the 115.36 order was made. 116.1 Subd. 2. [PRESUMPTIONS.] It is presumed that there has 116.2 been a substantial change in circumstances under subdivision 1 116.3 and the terms of a current support order are rebuttably presumed 116.4 to be unreasonable and unfair if: 116.5 (1) when applied to the current circumstances of the 116.6 parties, the presumptive child support amount derived under this 116.7 chapter is at least 20 percent and at least $50 per month higher 116.8 or lower than the current support order; 116.9 (2) the medical support provisions of the order established 116.10 under section 517C.15 are not enforceable by the public 116.11 authority or the obligee; 116.12 (3) health insurance coverage ordered under section 517C.15 116.13 is not available to the child for whom the order is established 116.14 by the parent ordered to provide it; or 116.15 (4) the existing support obligation is in the form of a 116.16 statement of percentage and not a specific dollar amount. 116.17 Subd. 3. [SUBSEQUENT CHILD.] The needs of a subsequent 116.18 child must not be factored into a support guidelines 116.19 calculation. The fact that an obligor had an additional child 116.20 after the entry of a child support order is not grounds for a 116.21 modification to decrease the amount of support owed. However, 116.22 the fact that an obligor has a subsequent child must be 116.23 considered in response to a request by an obligee for a 116.24 modification to increase child support. In order to deviate 116.25 from the presumptive support amount derived under this chapter 116.26 to consider the needs of a subsequent child, the trial court 116.27 must: 116.28 (1) find the obligor's total ability to contribute to 116.29 dependent children, taking into account the obligor's income and 116.30 reasonable expenses exclusive of child care. The obligor's 116.31 expenses must be: 116.32 (i) reduced as appropriate to take into account 116.33 contributions to those costs by other adults who share the 116.34 obligor's current household; and 116.35 (ii) apportioned between the parent and a subsequent child 116.36 with regard to shared benefits, including, but not limited to, 117.1 housing and transportation; 117.2 (2) find the total needs of all the obligor's children, and 117.3 if these needs are less than the obligor's ability to pay, the 117.4 needs may become the obligor's child support obligation. When 117.5 considering the needs of a subsequent child, the trial court 117.6 must reduce those amounts as appropriate to take into account 117.7 the ability to contribute to those needs by another parent of 117.8 the child; 117.9 (3) make specific findings on the needs of the child or 117.10 children who are the subject of the support order under 117.11 consideration; and 117.12 (4) exercise discretion to fairly determine the current 117.13 support obligation and the contribution left available for other 117.14 children, considering that the support obligation being 117.15 determined should be in an amount at least equal to the 117.16 contribution for a subsequent child. 117.17 Sec. 26. [517C.29] [MODIFICATION EFFECTIVE DATE.] 117.18 Subdivision 1. [DATE OF MOTION DETERMINATIVE.] A 117.19 modification of support, including interest that accrued 117.20 pursuant to section 548.091, may be made effective no sooner 117.21 than the date of service of notice of the motion for 117.22 modification on the responding parties. 117.23 Subd. 2. [RETROACTIVE MODIFICATION PERMITTED ONLY IN 117.24 LIMITED CIRCUMSTANCES.] Notwithstanding subdivision 1, 117.25 modification may be applied to an earlier period if the court 117.26 makes express findings that: 117.27 (1) the party seeking modification was precluded from 117.28 serving a motion by reason of a significant physical or mental 117.29 disability, a material misrepresentation of another party, or 117.30 fraud upon the court; and the party seeking modification, when 117.31 no longer precluded, promptly served a motion; 117.32 (2) the party seeking modification was a recipient of 117.33 federal Supplemental Security Income (SSI), Title II Older 117.34 Americans Insurance, Survivor's Disability Insurance (OASDI), 117.35 other disability benefits, or public assistance based upon need 117.36 during the period for which retroactive modification is sought; 118.1 (3) the order the party seeks to amend was entered by 118.2 default, the party shows good cause for not appearing, and the 118.3 record contains no factual evidence, or clearly erroneous 118.4 evidence, regarding the obligor's ability to pay; or 118.5 (4) the party seeking modification was institutionalized or 118.6 incarcerated for an offense other than nonsupport of a child 118.7 during the period for which retroactive modification is sought 118.8 and lacked the financial ability to pay the support ordered 118.9 during that time period. In determining whether to allow the 118.10 retroactive modification, the court must consider whether and 118.11 when a request was made to the public authority for support 118.12 modification. 118.13 Subd. 3. [CHILD CARE EXCEPTION.] The court may provide 118.14 that a reduction in the amount allocated for child care expenses 118.15 based on a substantial decrease in the expenses is effective as 118.16 of the date the expenses decreased. 118.17 Sec. 27. [517C.30] [TERMINATION OF CHILD SUPPORT.] 118.18 Subdivision 1. [DEATH OF OBLIGOR.] Unless otherwise agreed 118.19 in writing or expressly provided in the order, provisions for 118.20 the support of a child are not terminated by the death of a 118.21 parent obligated to support the child. When a parent obligated 118.22 to pay support dies, the amount of support may be modified, 118.23 revoked, or commuted to a lump sum payment, to the extent just 118.24 and appropriate in the circumstances. 118.25 Subd. 2. [AUTOMATIC TERMINATION.] (a) Unless a court order 118.26 provides otherwise, a child support obligation in a specific 118.27 amount per child terminates automatically and without any action 118.28 by the obligor to reduce, modify, or terminate the order upon 118.29 the emancipation of the child. 118.30 (b) A child support obligation for two or more children 118.31 that is not a support obligation in a specific amount per child 118.32 continues in the full amount until the emancipation of the last 118.33 child for whose benefit the order was made, or until further 118.34 order of the court. 118.35 (c) The obligor may request a modification of the obligor's 118.36 child support order upon the emancipation of a child if there 119.1 are still minor children under the order. The child support 119.2 obligation shall be determined based on the income of the 119.3 parties at the time the modification is sought. 119.4 Sec. 28. [517C.31] [COST-OF-LIVING ADJUSTMENTS.] 119.5 Subdivision 1. [GENERAL.] An order establishing, 119.6 modifying, or enforcing child support must provide for a 119.7 biennial adjustment in the amount to be paid based on a change 119.8 in the cost of living. Cost-of-living adjustments are 119.9 compounded. 119.10 Subd. 2. [WAIVER.] A court may waive the requirement of 119.11 the cost-of-living clause if it expressly finds that the 119.12 obligor's occupation or income, or both, does not provide for 119.13 cost-of-living adjustment or that the order for child support 119.14 has a provision such as a step increase that has the effect of a 119.15 cost-of-living clause. 119.16 Subd. 3. [INDEX; AMOUNT.] (a) An order that provides for a 119.17 cost-of-living adjustment must specify the cost-of-living index 119.18 to be applied. The court may use the Consumer Price Index for 119.19 All Urban Consumers, Minneapolis-St. Paul (CPI-U), the Consumer 119.20 Price Index for Wage Earners and Clerical, Minneapolis-St. Paul 119.21 (CPI-W), or another cost-of-living index published by the 119.22 department of labor that the court specifically finds is more 119.23 appropriate. 119.24 (b) The court may increase the amount by more than the 119.25 cost-of-living adjustment by agreement of the parties or by 119.26 making further findings. 119.27 Subd. 4. [EFFECTIVE DATE.] If payment is made to the 119.28 public authority, an adjustment is effective on May 1 of the 119.29 year it is made. If payment is not made to the public 119.30 authority, an adjustment may be made in any month but no 119.31 adjustment may be made sooner than two years after the date of 119.32 the dissolution decree. A support order must specify the 119.33 effective date of cost-of-living adjustments. 119.34 Subd. 5. [NOTICE.] A cost-of-living adjustment may not be 119.35 made unless: 119.36 (1) the support order requires it; and 120.1 (2) the obligee or public authority notifies the obligor of 120.2 the adjustment by mail at the obligor's last known address at 120.3 least 20 days before the effective date of the adjustment. The 120.4 notice must inform the obligor of the effective date of the 120.5 adjustment, the right to contest the adjustment, and the 120.6 procedures to contest the adjustment. 120.7 Subd. 6. [PROCEDURE FOR CONTESTING ADJUSTMENT.] (a) To 120.8 contest a cost-of-living adjustment initiated by the public 120.9 authority or an obligee who has applied for or is receiving 120.10 child support collection services from the public authority, 120.11 other than income withholding-only services, the obligor must: 120.12 (1) file a motion contesting the cost-of-living adjustment 120.13 with the court administrator; and 120.14 (2) serve the motion by first-class mail on the public 120.15 authority and the obligee. 120.16 The obligor must file and serve the motion before the effective 120.17 date of the adjustment. The hearing must take place in the 120.18 expedited child support process under section 484.702. 120.19 (b) To contest a cost-of-living adjustment initiated by an 120.20 obligee who is not receiving child support collection services 120.21 from the public authority, or for an obligee who receives income 120.22 withholding-only services from the public authority, the obligor 120.23 must: 120.24 (1) file a motion contesting the cost-of-living adjustment 120.25 with the court administrator; and 120.26 (2) serve the motion by first-class mail on the obligee. 120.27 The obligor must file and serve the motion before the effective 120.28 date of the adjustment. The hearing must take place in district 120.29 court. 120.30 (c) Upon receipt of a motion contesting the cost-of-living 120.31 adjustment, the public authority or court must stay the 120.32 cost-of-living adjustment pending further order of the court. 120.33 Subd. 7. [HEARING.] (a) At a hearing under this section, 120.34 if the obligor establishes an insufficient increase in income to 120.35 fulfill the adjusted child support obligation, the court or 120.36 child support magistrate may direct that all or part of the 121.1 adjustment not take effect. 121.2 (b) At a hearing under this section, if the obligor does 121.3 not establish an insufficient increase in income, the adjustment 121.4 must take effect as of the date originally specified in the 121.5 support order. 121.6 Subd. 8. [FORM.] The state court administrator must 121.7 prepare and make available to the court and obligors a form to 121.8 be submitted in support of a request for a hearing under this 121.9 section. 121.10 Subd. 9. [RULES.] The commissioner of human services may 121.11 promulgate rules for child support adjustments under this 121.12 section in accordance with the rulemaking provisions of chapter 121.13 14. 121.14 Sec. 29. [517C.35] [ASSIGNMENT.] 121.15 Subdivision 1. [GENERAL.] The court must direct that all 121.16 payments ordered for support be made to the public authority if 121.17 the obligee is receiving or has applied for public assistance. 121.18 Amounts received by the public authority greater than the amount 121.19 granted to the obligee must be remitted to the obligee pursuant 121.20 to federal requirements. 121.21 Subd. 2. [JUDGMENTS.] The court administrator must enter 121.22 and docket a judgment obtained by operation of law under section 121.23 548.091, subdivision 1, in the name of the public authority to 121.24 the extent that the obligation has been assigned. When arrears 121.25 are reduced to judgment and section 548.091 is not applicable, 121.26 the court must grant judgment in favor of, and in the name of, 121.27 the public authority to the extent that the arrears are 121.28 assigned. The public authority must file notice of an 121.29 assignment with the court administrator, who must enter the 121.30 notice in the docket. The public authority may then enforce a 121.31 judgment entered before the assignment of rights as if the 121.32 judgment were granted to it, and in its name, to the extent that 121.33 the arrears in that judgment are assigned. 121.34 Subd. 3. [PROPERTY LIEN.] The court may make any child 121.35 support order a lien or charge upon the property of the obligor, 121.36 either at the time of the entry of the judgment or by subsequent 122.1 order upon proper application. 122.2 Sec. 30. [517C.36] [PARTY STATUS.] 122.3 Subdivision 1. [WHEN A PARTY RECEIVES PUBLIC 122.4 ASSISTANCE.] The public authority is joined as a party if the 122.5 obligee is receiving, or subsequently applies for, public 122.6 assistance and rights are assigned under section 256.741, 122.7 subdivision 2. 122.8 Subd. 2. [NO PUBLIC ASSISTANCE; APPLICATION FOR SERVICES.] 122.9 If the obligee is not receiving public assistance, but has 122.10 applied for child support collection services, the public 122.11 authority has a pecuniary interest, as well as an interest in 122.12 the welfare of a child. The public authority may intervene as a 122.13 matter of right in those cases to ensure that child support 122.14 orders are obtained, enforced, and provide for an appropriate 122.15 and accurate level of child, medical, and child care support. 122.16 If the public authority participates in a case where the action 122.17 taken by the public authority requires the use of an attorney's 122.18 services, the public authority must be represented by an 122.19 attorney consistent with the provisions in section 517C.37. 122.20 Sec. 31. [517C.37] [ROLE OF THE PUBLIC AUTHORITY.] 122.21 Subdivision 1. [PUBLIC AUTHORITY DOES NOT REPRESENT 122.22 OBLIGOR OR OBLIGEE.] The provision of services under the child 122.23 support enforcement program that includes services by an 122.24 attorney or an attorney's representative employed by, under 122.25 contract to, or representing the public authority does not 122.26 create an attorney-client relationship with any party other than 122.27 the public authority. Attorneys employed by or under contract 122.28 with the public authority have an affirmative duty to inform 122.29 applicants and recipients of services under the child support 122.30 enforcement program that no attorney-client relationship exists 122.31 between the attorney and the applicant or recipient. This 122.32 section applies to all legal services provided by the child 122.33 support enforcement program. 122.34 Subd. 2. [WRITTEN NOTICE.] The public authority must 122.35 provide written notice to an applicant or recipient of services 122.36 that: 123.1 (1) no attorney-client relationship exists between the 123.2 attorney and the applicant or recipient; 123.3 (2) the rights of the individual as a subject of data are 123.4 controlled by section 13.04, subdivision 2; and 123.5 (3) the individual has a right to have an attorney 123.6 represent the individual. 123.7 Subd. 3. [POWER TO REPRESENT OTHER PUBLIC 123.8 AUTHORITIES.] The public authority may act on behalf of a public 123.9 authority from another jurisdiction. This includes the 123.10 authority to represent the legal interests of, or execute 123.11 documents on behalf of, the other public authority in connection 123.12 with the establishment, enforcement, and collection of child 123.13 support and collection on judgments. 123.14 Sec. 32. [517C.38] [SERVICE FEES.] 123.15 Subdivision 1. [OBLIGOR FEE.] When the public authority 123.16 provides child support collection services either to a public 123.17 assistance recipient or to a party who does not receive public 123.18 assistance, the public authority may upon written notice to the 123.19 obligor charge a monthly collection fee equivalent to the full 123.20 monthly cost to the county of providing collection services, in 123.21 addition to the amount of the child support ordered by the 123.22 court. The fee must be deposited in the county general fund. 123.23 The service fee assessed is limited to ten percent of the 123.24 monthly court-ordered child support and must not be assessed to 123.25 obligors who are current in payment of the monthly court-ordered 123.26 child support. 123.27 Subd. 2. [OBLIGEE FEE.] An application fee of $25 must be 123.28 paid by the person who applies for child support and maintenance 123.29 collection services, except persons who are receiving public 123.30 assistance as defined in section 256.741, persons who transfer 123.31 from public assistance to nonpublic assistance status, and minor 123.32 parents and parents enrolled in a public secondary school, area 123.33 learning center, or alternative learning program approved by the 123.34 commissioner of children, families, and learning. 123.35 Subd. 3. [TAX INTERCEPT FEES.] Fees assessed by state and 123.36 federal tax agencies for collection of overdue support owed to 124.1 or on behalf of a person not receiving public assistance must be 124.2 imposed on the person for whom these services are provided. The 124.3 public authority upon written notice to the obligee must assess 124.4 a fee of $25 to the person not receiving public assistance for 124.5 each successful federal tax interception. The fee must be 124.6 withheld prior to the release of the funds received from each 124.7 interception and must be deposited in the general fund. 124.8 Subd. 4. [COMPLIANCE WITH FEDERAL LAW.] The limitations of 124.9 this section on the assessment of fees do not apply to the 124.10 extent they are inconsistent with the requirements of federal 124.11 law for receiving funds for the programs under Title IV-A and 124.12 Title IV-D of the Social Security Act, United States Code, title 124.13 42, sections 601 to 613 and 651 to 662. 124.14 Sec. 33. [517C.39] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 124.15 SUPPORT AND PARENTAGE ORDERS.] 124.16 The public authority may use the provisions of sections 124.17 517C.40 to 517C.44 when support rights are assigned under 124.18 section 256.741, subdivision 2, or when the public authority is 124.19 providing services under an application for child support 124.20 collection services. 124.21 Sec. 34. [517C.40] [NONATTORNEY EMPLOYEE DUTIES.] 124.22 Subdivision 1. [DUTIES PERFORMED UNDER SUPERVISION OF 124.23 COUNTY ATTORNEY.] (a) The county attorney must review and 124.24 approve as to form and content all pleadings and other legal 124.25 documents prepared by nonattorney employees of the public 124.26 authority for use in the expedited child support process. 124.27 (b) Under the direction of, and in consultation with, the 124.28 county attorney, nonattorney employees of the public authority 124.29 may perform the following legal duties: 124.30 (1) meet and confer with parties by mail, telephone, 124.31 electronic, or other means regarding legal issues; 124.32 (2) explain to parties the purpose, procedure, and function 124.33 of the expedited child support process and the role and 124.34 authority of nonattorney employees of the public authority 124.35 regarding legal issues; 124.36 (3) prepare pleadings, including, but not limited to, 125.1 summonses and complaints, notices, motions, subpoenas, orders to 125.2 show cause, proposed orders, administrative orders, and 125.3 stipulations and agreements; 125.4 (4) issue administrative subpoenas; 125.5 (5) prepare judicial notices; 125.6 (6) negotiate settlement agreements; 125.7 (7) attend and participate as a witness in hearings and 125.8 other proceedings and, if requested by the child support 125.9 magistrate, present evidence, agreements and stipulations of the 125.10 parties, and any other information deemed appropriate by the 125.11 magistrate; 125.12 (8) participate in other activities and perform other 125.13 duties delegated by the county attorney; and 125.14 (9) exercise other powers and perform other duties as 125.15 permitted by statute or court rule. 125.16 Subd. 2. [DUTIES PERFORMED AUTONOMOUSLY.] Nonattorney 125.17 employees of the public authority may perform the following 125.18 duties without direction from the county attorney: 125.19 (1) gather information on behalf of the public authority; 125.20 (2) prepare financial worksheets; 125.21 (3) obtain income information from the department of 125.22 economic security and other sources; 125.23 (4) serve documents on parties; 125.24 (5) file documents with the court; 125.25 (6) meet and confer with parties by mail, telephone, 125.26 electronic, or other means regarding nonlegal issues; 125.27 (7) explain to parties the purpose, procedure, and function 125.28 of the expedited child support process and the role and 125.29 authority of nonattorney employees of the public authority 125.30 regarding nonlegal issues; and 125.31 (8) perform other routine nonlegal duties as assigned. 125.32 Subd. 3. [PRACTICE OF LAW.] Performance of the duties 125.33 prescribed in subdivisions 1 and 2 by nonattorney employees of 125.34 the public authority does not constitute the unauthorized 125.35 practice of law for purposes of section 481.02. 125.36 Sec. 35. [517C.41] [FINANCIAL WORKSHEET.] 126.1 Subdivision 1. [PREPARATION.] In cases involving 126.2 establishment or modification of a child support order, a 126.3 nonattorney employee of the public authority must prepare a 126.4 financial worksheet that contains: 126.5 (1) names and addresses of the parties; 126.6 (2) social security numbers of the parties; 126.7 (3) number of members in each party's household and 126.8 dependents of the parties; 126.9 (4) names and addresses of the parties' employers; 126.10 (5) gross income of the parties as defined in this chapter; 126.11 (6) amounts and sources of any other earnings and income of 126.12 the parties; 126.13 (7) health insurance coverage of parties; 126.14 (8) types and amounts of public assistance the parties 126.15 receive; and 126.16 (9) any other information relevant to the determination of 126.17 child or medical support under this chapter. 126.18 Subd. 2. [INCOME INFORMATION.] In preparing the financial 126.19 worksheet, the nonattorney employee of the public authority must 126.20 obtain income information available to the public authority from 126.21 the department of economic security and serve this information 126.22 on the parties. The information must be filed with the court or 126.23 child support magistrate at least five days before a hearing 126.24 involving child support, medical support, or child care 126.25 reimbursement issues. 126.26 Sec. 36. [517C.42] [NONCONTESTED MATTERS.] 126.27 Under the direction of the county attorney and based on 126.28 agreement of the parties, nonattorney employees may prepare a 126.29 stipulation, findings of fact, conclusions of law, and proposed 126.30 order. The documents must be approved and signed by the county 126.31 attorney as to form and content before submission to the court 126.32 or child support magistrate for approval. 126.33 Sec. 37. [517C.43] [ADMINISTRATIVE AUTHORITY; PARENTAGE; 126.34 SUPPORT.] 126.35 Subdivision 1. [POWERS.] The public authority may take the 126.36 following actions relating to establishment of paternity or to 127.1 establishment, modification, or enforcement of support orders, 127.2 without the necessity of obtaining an order from a judicial or 127.3 administrative tribunal: 127.4 (1) recognize and enforce orders of child support agencies 127.5 of other states; 127.6 (2) upon request for genetic testing by a child, parent, or 127.7 an alleged parent, and using the procedure in subdivision 2, 127.8 order the child, parent, or alleged parent to submit to blood or 127.9 genetic testing for the purpose of establishing paternity; 127.10 (3) subpoena financial or other information needed to 127.11 establish, modify, or enforce a child support order and sanction 127.12 a party for failure to respond to a subpoena; 127.13 (4) upon notice to the obligor, obligee, and the 127.14 appropriate court, direct the obligor or other payor to change 127.15 the payee to the central collections unit under section 517C.50; 127.16 (5) order income withholding of child support under section 127.17 517C.52 and sanction an employer or payor of funds under section 127.18 393.07, subdivision 9a, for failing to comply with an income 127.19 withholding notice; 127.20 (6) secure assets to satisfy a support debt or arrears by: 127.21 (i) intercepting or seizing periodic or lump-sum payments 127.22 from state or local agencies, including reemployment 127.23 compensation, workers' compensation payments, judgments, 127.24 settlements, lotteries, and other lump-sum payments; 127.25 (ii) attaching and seizing assets of the obligor held in 127.26 financial institutions or public or private retirement funds; 127.27 and 127.28 (iii) imposing liens in accordance with section 548.091, 127.29 and, in appropriate cases, forcing the sale of property and the 127.30 distribution of proceeds; 127.31 (7) for the purpose of securing overdue support, increase 127.32 the amount of the monthly support payments by an additional 127.33 amount equal to 20 percent of the monthly support payment to 127.34 include amounts for debts or arrears; and 127.35 (8) subpoena an employer or payor of funds to provide 127.36 promptly information on the employment, compensation, and 128.1 benefits of an individual employed by that employer as an 128.2 employee or contractor, and sanction an employer or payor of 128.3 funds under section 393.07, subdivision 9a, for failure to 128.4 respond to the subpoena as provided by law. 128.5 Subd. 2. [GENETIC TESTING.] (a) A request for genetic 128.6 testing by a child, parent, or alleged parent must be supported 128.7 by a sworn statement by the person requesting genetic testing 128.8 that: 128.9 (1) alleges paternity and sets forth facts establishing a 128.10 reasonable possibility of the requisite sexual contact between 128.11 the parties; or 128.12 (2) denies paternity and sets forth facts establishing a 128.13 reasonable possibility of the nonexistence of sexual contact 128.14 between the alleged parties. 128.15 (b) The order for genetic tests may be served anywhere 128.16 within the state and served outside the state in the same manner 128.17 as prescribed by law for service of subpoenas issued by the 128.18 district court of this state. 128.19 (c) If the child, parent, or alleged parent fails to comply 128.20 with the genetic testing order, the public authority may seek to 128.21 enforce that order in district court through a motion to compel 128.22 testing. 128.23 (d) No results obtained through genetic testing done in 128.24 response to an order issued under this section may be used in a 128.25 criminal proceeding. 128.26 Subd. 3. [SUBPOENAS.] (a) Subpoenas may be served anywhere 128.27 within the state and served outside the state in the same manner 128.28 as prescribed by law for service of process of subpoenas issued 128.29 by the district court of this state. When a subpoena under this 128.30 subdivision is served on a third-party recordkeeper, written 128.31 notice of the subpoena must be mailed to the person who is the 128.32 subject of the subpoenaed material at the person's last known 128.33 address within three days of the day the subpoena is served. 128.34 This notice provision does not apply if there is reasonable 128.35 cause to believe the giving of the notice may lead to 128.36 interference with the production of the subpoenaed documents. 129.1 (b) A person served with a subpoena may make a written 129.2 objection to the public authority or court before the time 129.3 specified in the subpoena for compliance. The public authority 129.4 or the court may cancel or modify the subpoena, if appropriate. 129.5 The public authority must pay the reasonable costs of producing 129.6 the documents, if requested. 129.7 (c) Subpoenas are enforceable in the same manner as 129.8 subpoenas of the district court. Upon motion of the county 129.9 attorney, the court may issue an order directing the production 129.10 of the records. A person who fails to comply with the court 129.11 order is subject to civil or criminal contempt of court. 129.12 Subd. 4. [DUE PROCESS.] The administrative actions under 129.13 this section are subject to due process safeguards, including 129.14 requirements for notice, opportunity to contest the action, and 129.15 opportunity to appeal the order to a judge, judicial officer, or 129.16 child support magistrate. 129.17 Sec. 38. [517C.44] [SHARING OF INFORMATION; DATA.] 129.18 Subdivision 1. [GENERAL.] The public authority may share 129.19 available and relevant information on the parties in order to 129.20 perform its duties under this chapter or under supreme court 129.21 rules governing the expedited child support hearing process 129.22 under section 484.702, subject to the limitations of subdivision 129.23 3, section 256.87, subdivision 8, and section 257.70. 129.24 Subd. 2. [DATA DISCLOSED TO AN ATTORNEY OF THE PUBLIC 129.25 AUTHORITY.] (a) Data disclosed by an applicant for, or recipient 129.26 of, child support services to an attorney employed by, or under 129.27 contract with, the public authority is private data on an 129.28 individual. However, the data may be disclosed under section 129.29 13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and in 129.30 order to obtain, modify, or enforce child support, medical 129.31 support, and parentage determinations. 129.32 (b) An attorney employed by, or under contract with, the 129.33 public authority may disclose additional information received 129.34 from an applicant for, or recipient of, services for other 129.35 purposes with the consent of the individual applicant for, or 129.36 recipient of, child support services. 130.1 Subd. 3. [PROHIBITED DISCLOSURE.] In all proceedings under 130.2 this chapter in which public assistance is assigned under 130.3 section 256.741, or the public authority provides services to a 130.4 party or parties to the proceedings, notwithstanding statutory 130.5 or other authorization for the public authority to release 130.6 private data on the location of a party to the action, 130.7 information on the location of one party may not be released by 130.8 the public authority to the other party if: 130.9 (1) the public authority has knowledge that a protective 130.10 order with respect to the other party has been entered; or 130.11 (2) the public authority has reason to believe that the 130.12 release of the information may result in physical or emotional 130.13 harm to the other party. 130.14 Sec. 39. [517C.45] [SUFFICIENCY OF NOTICE.] 130.15 Automated child support notices sent by the public 130.16 authority which do not require service are sufficient notice 130.17 when issued and mailed by first class mail to the person's last 130.18 known address. 130.19 Sec. 40. [517C.50] [CHILD SUPPORT PAYMENT CENTER; CENTRAL 130.20 COLLECTIONS UNIT.] 130.21 Subdivision 1. [CREATION.] (a) The commissioner of human 130.22 services must create and maintain a central collections unit to 130.23 receive, process, and disburse payments, and to maintain a 130.24 record of payments in cases when: 130.25 (1) the public authority is a party; 130.26 (2) the public authority provides child support enforcement 130.27 services to a party; or 130.28 (3) payment is collected through income withholding. 130.29 (b) The commissioner may contract for services to carry out 130.30 these provisions if the commissioner first meets and negotiates 130.31 with the affected exclusive representatives. 130.32 Subd. 2. [CREDITOR COLLECTIONS.] The central collections 130.33 unit under this section is not a third party under chapters 550, 130.34 552, and 571 for purposes of creditor collection efforts against 130.35 child support and maintenance order obligors or obligees, and is 130.36 not subject to creditor levy, attachment, or garnishment. 131.1 Subd. 3. [CREDIT FOR PAYMENT.] Payments made to the public 131.2 authority that are not collected through income withholding must 131.3 be credited as of the date the payment is received by the 131.4 central collections unit. 131.5 Sec. 41. [517C.51] [MANDATORY PAYMENT OF OBLIGATIONS TO 131.6 CENTRAL COLLECTIONS UNIT.] 131.7 Subdivision 1. [GENERAL.] All payments described in 131.8 section 517C.50 must be made to the central collections unit. 131.9 Subd. 2. [LOCAL PAYMENT; TRANSMITTAL.] The public 131.10 authority must provide a location for obligors to pay child 131.11 support in each local jurisdiction. When the public authority 131.12 receives a payment it must transmit the funds to the central 131.13 collections unit within one working day. 131.14 Subd. 3. [INCENTIVES.] Notwithstanding a rule to the 131.15 contrary, incentives must be paid to the county providing 131.16 services and maintaining the case to which the payment is 131.17 applied. Incentive payments awarded for the collection of child 131.18 support must be based solely upon payments processed by the 131.19 central collections unit. Incentive payments received by the 131.20 county under this subdivision must be used for county child 131.21 support collection efforts. 131.22 Subd. 4. [ELECTRONIC FUNDS TRANSFER.] The central 131.23 collections unit may receive and disburse funds electronically. 131.24 Subd. 5. [REQUIRED CONTENT OF ORDER.] A tribunal issuing 131.25 an order that establishes or modifies a payment must issue an 131.26 income withholding order in conformity with section 517C.52. 131.27 The automatic income withholding order must include the name of 131.28 the obligor, the obligor's social security number, the obligor's 131.29 date of birth, and the name and address of the obligor's 131.30 employer. The street mailing address and the electronic mail 131.31 address for the central collections unit must be included in 131.32 each automatic income withholding order issued by a tribunal. 131.33 Subd. 6. [TRANSMITTAL OF ORDER TO THE PUBLIC AUTHORITY BY 131.34 THE TRIBUNAL.] The tribunal must transmit a copy of the order 131.35 establishing or modifying the payment, and a copy of the 131.36 automatic income withholding order, to the public authority 132.1 within two working days of the approval of the order by the 132.2 judge or child support magistrate or other person or entity 132.3 authorized to sign the automatic withholding order. 132.4 Subd. 7. [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 132.5 OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 132.6 payor of funds must identify the obligor on the check or 132.7 remittance by name, payor number, and social security number, 132.8 and must comply with section 517C.52. 132.9 Subd. 8. [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 132.10 FUNDS.] A notice may be directed to a person or entity 132.11 submitting a check drawn on insufficient funds stating that 132.12 future payments must be made by cash or certified funds. The 132.13 central collections unit and the public authority may refuse a 132.14 check from a person or entity that has been given notice that 132.15 payments must be in cash or certified funds. 132.16 Subd. 9. [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 132.17 record of payments maintained by the central collections unit is 132.18 admissible evidence in all tribunals as proof of payments made 132.19 through the central collections unit without the need of 132.20 testimony to prove authenticity. 132.21 Subd. 10. [TRANSITION PROVISIONS.] (a) The commissioner of 132.22 human services must develop a plan for the implementation of the 132.23 central collections unit. The plan must require that payments 132.24 be redirected to the central collections unit. Payments may be 132.25 redirected in groups according to county of origin, county of 132.26 payment, method of payment, type of case, or any other 132.27 distinguishing factor designated by the commissioner. 132.28 (b) Notice that payments must be made to the central 132.29 collections unit must be provided to the obligor and to the 132.30 payor of funds at least 30 days before payments are redirected 132.31 to the central collections unit. After the notice has been 132.32 provided to the obligor or payor of funds, mailed payments 132.33 received by the public authority must be forwarded to the 132.34 central collections unit. A notice must be sent to the obligor 132.35 or payor of funds stating that payment application may be 132.36 delayed and must provide directions to submit future payments to 133.1 the central collections unit. 133.2 Subd. 11. [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 133.3 commissioner of human services may establish a revolving account 133.4 to cover funds issued in error due to insufficient funds or 133.5 other reasons. Appropriations for this purpose and all 133.6 recoupments against payments from the account must be deposited 133.7 in the collections unit's recoupment account and are 133.8 appropriated to the commissioner. An unexpended balance in the 133.9 account does not cancel, but is available until expended. 133.10 Subd. 12. [UNCLAIMED SUPPORT FUNDS.] (a) If the public 133.11 authority cannot disburse support payments to an obligee because 133.12 the obligee cannot be located, the public authority must 133.13 continue its efforts to locate the obligee for one year from the 133.14 date it determines that the obligee cannot be located. 133.15 (b) If the public authority is unable to locate the obligee 133.16 after one year, the public authority must mail a written notice 133.17 to the obligee at the obligee's last known address that gives 133.18 the obligee 60 days to contact the public authority. 133.19 (c) If the obligee does not contact the public authority 133.20 within 60 days from the date of notice, the public authority 133.21 must: 133.22 (1) close the nonpublic assistance portion of the case; 133.23 (2) disburse unclaimed support funds to pay public 133.24 assistance arrears. If public assistance arrears remain after 133.25 disbursing the unclaimed support funds, the public authority may 133.26 continue enforcement and collection of child support until all 133.27 public assistance arrears have been paid. If there are not 133.28 public assistance arrears, or unclaimed support funds remain 133.29 after paying public assistance arrears, the public authority 133.30 must return the remaining unclaimed support funds to the 133.31 obligor; and 133.32 (3) when all public assistance arrears are paid to the 133.33 public authority, mail a written notice of termination of income 133.34 withholding and case closure to the obligor at the obligor's 133.35 last known address. The notice must indicate that the obligor's 133.36 support obligation will remain in effect until further order of 134.1 the court and to contact the public authority for assistance to 134.2 modify the order. The public authority must include a copy of 134.3 the form prepared by the state court administrator's office 134.4 under section 517C.25, subdivision 4, with the notice. 134.5 (d) If the public authority cannot locate the obligor to 134.6 return unclaimed support funds, the public authority must 134.7 continue its efforts to locate the obligor for one year from the 134.8 date it determines that the obligor cannot be located. If the 134.9 public authority is unable to locate the obligor after one year, 134.10 the funds must be treated as unclaimed property according to 134.11 federal law and chapter 345. 134.12 Sec. 42. [517C.52] [INCOME WITHHOLDING; GENERAL.] 134.13 Subdivision 1. [APPLICATION.] Sections 517C.52 to 517C.62 134.14 apply to all support orders issued by a court or an 134.15 administrative tribunal and orders for or notices of withholding 134.16 issued by the public authority according to section 517C.43, 134.17 subdivision 1, clause (5). 134.18 Subd. 2. [ORDER.] (a) Every support order must address 134.19 income withholding. Whenever a support order is initially 134.20 entered or modified, the full amount of the support order must 134.21 be withheld from the income of the obligor and forwarded to the 134.22 public authority. Sections 517C.51 to 517C.62 apply regardless 134.23 of the source of income of the person obligated to pay the child 134.24 support. 134.25 (b) A payor of funds must implement income withholding 134.26 according to sections 517C.51 to 517C.62 upon receipt of an 134.27 order for or notice of withholding. The notice of withholding 134.28 must be on a form provided by the commissioner of human services. 134.29 Subd. 3. [NOTICE; INCOME WITHHOLDING AND COLLECTION 134.30 SERVICES.] (a) The commissioner of human services must prepare 134.31 and make available to the courts a notice of services that 134.32 explains child support and maintenance collection services 134.33 available through the public authority, including income 134.34 withholding. Upon receiving a petition for dissolution of 134.35 marriage or legal separation, the court administrator must 134.36 promptly send the notice of services to the petitioner and 135.1 respondent at the addresses stated in the petition. 135.2 (b) Upon receipt of a support order requiring income 135.3 withholding, a petitioner or respondent, who is not a recipient 135.4 of public assistance and does not receive child support 135.5 collection services from the public authority, must apply to the 135.6 public authority for either full child support collection 135.7 services or for services only to withhold income. 135.8 (c) For those persons applying for services only to 135.9 withhold income, a monthly service fee of $15 must be charged to 135.10 the obligor. This fee is in addition to the amount of the 135.11 support order and must be withheld through income withholding. 135.12 The public authority must explain the service options in this 135.13 section to the affected parties and encourage the application 135.14 for full child support collection services. 135.15 Subd. 4. [CONTRACT FOR SERVICE.] To carry out income 135.16 withholding, the public authority may contract for services, 135.17 including the use of electronic funds transfer. 135.18 Subd. 5. [ELECTRONIC TRANSMISSION.] Orders or notices for 135.19 income withholding may be transmitted for enforcement purposes 135.20 by electronic means. 135.21 Subd. 6. [TIMING OF AUTOMATED ENFORCEMENT REMEDIES.] The 135.22 public authority must make reasonable efforts to ensure that 135.23 automated enforcement remedies take into consideration the time 135.24 periods allowed under sections 517C.52 to 517C.62. 135.25 Sec. 43. [517C.53] [WAIVER OF INCOME WITHHOLDING.] 135.26 (a) If child support is not assigned to the public 135.27 authority, the court may waive income withholding requirements 135.28 if it finds there are no arrears as of the date of the hearing 135.29 and: 135.30 (1) one party demonstrates and the court finds there is 135.31 good cause to waive the requirements of sections 517C.51 to 135.32 517C.62 or to terminate an order for or notice of income 135.33 withholding previously entered; or 135.34 (2) all parties reach an agreement and the agreement is 135.35 approved by the court after a finding that the agreement is 135.36 likely to result in regular and timely payments. The court's 136.1 findings waiving the requirements of this paragraph must include 136.2 a written explanation of the reasons why income withholding 136.3 would not be in the best interests of the child. 136.4 (b) In addition to the other requirements in this section, 136.5 if the case involves a modification of support, the court must 136.6 make a finding that support has been timely made. 136.7 (c) If the court waives income withholding, the obligee or 136.8 obligor may at any time request subsequent income withholding 136.9 under section 517C.59. 136.10 Sec. 44. [517C.54] [PAYOR OF FUNDS RESPONSIBILITIES.] 136.11 Subdivision 1. [ACTIVATION.] An order for or notice of 136.12 withholding is binding on a payor of funds upon receipt. 136.13 Withholding must begin no later than the first pay period that 136.14 occurs after 14 days following the date of receipt of the order 136.15 for or notice of withholding. In the case of a financial 136.16 institution, preauthorized transfers must occur in accordance 136.17 with a court-ordered payment schedule. 136.18 Subd. 2. [PROCEDURE.] A payor of funds must withhold from 136.19 the income payable to the obligor the amount specified in the 136.20 order or notice of withholding and amounts specified under 136.21 sections 517C.58 and 517C.63 and must remit the amounts withheld 136.22 to the public authority within seven business days of the date 136.23 the obligor is paid the remainder of the income. The payor of 136.24 funds must include with the remittance the social security 136.25 number of the obligor, the case type indicator as provided by 136.26 the public authority, and the date the obligor is paid the 136.27 remainder of the income. The obligor is considered to have paid 136.28 the amount withheld as of the date the obligor received the 136.29 remainder of the income. A payor of funds may combine all 136.30 amounts withheld from one pay period into one payment to each 136.31 public authority, but must separately identify each obligor 136.32 making payment. 136.33 Subd. 3. [RETALIATION PROHIBITED.] A payor of funds must 136.34 not discharge, or refuse to hire, or otherwise discipline an 136.35 employee as a result of wage or salary withholding authorized by 136.36 this chapter. 137.1 Subd. 4. [UPDATED ORDERS.] If more than one order for or 137.2 notice of withholding exists involving the same obligor and 137.3 child, the public authority must enforce the most recent order 137.4 or notice. An order for or notice of withholding that was 137.5 previously implemented according to this chapter ends as of the 137.6 date of the most recent order. The public authority must notify 137.7 the payor of funds to withhold under the most recent withholding 137.8 order or notice. 137.9 Subd. 5. [NOTIFICATION OF TERMINATION.] When an order for 137.10 or notice of withholding is in effect and the obligor's 137.11 employment is terminated, the obligor and the payor of funds 137.12 must notify the public authority of the termination within ten 137.13 days of the termination date. The termination notice must 137.14 include the obligor's home address and the name and address of 137.15 the obligor's new payor of funds, if known. 137.16 Subd. 6. [EXPENSES.] A payor of funds may deduct $1 from 137.17 the obligor's remaining salary for each payment made pursuant to 137.18 an order for or notice of withholding under this chapter to 137.19 cover the expenses of withholding. 137.20 Sec. 45. [517C.55] [LUMP-SUM PAYMENTS.] 137.21 Subdivision 1. [APPLICATION.] (a) This section applies to 137.22 lump-sum payments of $500 or more including, but not limited to, 137.23 severance pay, accumulated sick pay, vacation pay, bonuses, 137.24 commissions, or other pay or benefits. 137.25 (b) The Consumer Credit Protection Act, United States Code, 137.26 title 15, section 1673(b), does not apply to lump-sum payments. 137.27 Subd. 2. [PAYOR OF FUNDS RESPONSIBILITIES.] Before 137.28 transmitting a lump-sum payment to an obligor, a payor of funds 137.29 who has been served with an order for or notice of income 137.30 withholding under this chapter must: 137.31 (1) notify the public authority of the lump-sum payment 137.32 that is to be paid to the obligor; and 137.33 (2) hold the lump-sum payment for 30 days after the date 137.34 the lump-sum payment would otherwise have been paid to the 137.35 obligor, notwithstanding sections 176.221, 176.225, 176.521, 137.36 181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota 138.1 Rules, part 1415.2000, subpart 10. 138.2 Subd. 3. [PUBLIC AUTHORITY OPTIONS.] (a) The public 138.3 authority may direct the payor of funds to pay the lump-sum 138.4 payment, up to the amount of judgments or arrears, to the public 138.5 authority if: 138.6 (1) a judgment entered pursuant to section 548.091, 138.7 subdivision 1a, exists against the obligor, or other support 138.8 arrears exist; and 138.9 (2) a portion of the judgment or arrears remains unpaid. 138.10 (b) If no judgment or arrears exist, the public authority 138.11 may seek a court order directing the payor of funds to transmit 138.12 all or a portion of the lump-sum payment to the public authority 138.13 for future support. To obtain a court order under this 138.14 paragraph, the public authority must show a past willful 138.15 nonpayment of support by the obligor. 138.16 Sec. 46. [517C.56] [PAYOR OF FUNDS LIABILITY.] 138.17 Subdivision 1. [LIABILITY TO OBLIGEE.] A payor of funds is 138.18 liable to the obligee for amounts required to be withheld. A 138.19 payor of funds that fails to withhold or transfer funds in 138.20 accordance with this chapter is liable to the obligee for 138.21 interest on the funds at the rate applicable to judgments under 138.22 section 549.09, computed from the date the funds were required 138.23 to be withheld or transferred. A payor of funds is liable for 138.24 reasonable attorney fees of the obligee or public authority 138.25 incurred in enforcing the liability under this paragraph. A 138.26 payor of funds that has failed to comply with the requirements 138.27 of sections 517C.51 to 517C.62 is subject to contempt sanctions 138.28 under section 517C.57. If the payor of funds is an employer or 138.29 independent contractor and violates this subdivision, a court 138.30 may award the obligor twice the wages lost as a result of this 138.31 violation. If a court finds a payor of funds violated this 138.32 subdivision, the court must impose a civil fine of not less than 138.33 $500. The liabilities under this subdivision apply to 138.34 intentional noncompliance by a payor of funds with the 138.35 requirements of sections 517C.51 to 517C.62. 138.36 Subd. 2. [NONLIABILITY FOR COMPLIANCE.] A payor of funds 139.1 is not subject to civil liability to any individual or agency 139.2 for taking action in compliance with an income withholding order 139.3 or notice of withholding that appears regular on its face 139.4 according to this chapter or chapter 518C. 139.5 Sec. 47. [517C.57] [EMPLOYER CONTEMPT.] 139.6 Subdivision 1. [ORDERS BINDING.] Notices or orders for 139.7 income withholding or medical support issued pursuant to this 139.8 chapter are binding on the employer, trustee, or other payor of 139.9 funds after the order or notice has been transmitted to the 139.10 employer, trustee, or payor of funds. 139.11 Subd. 2. [CONTEMPT ACTION.] (a) An obligee or the public 139.12 authority may initiate a contempt action against an employer, 139.13 trustee, or payor of funds, within the action that created the 139.14 support obligation, by serving an order to show cause upon the 139.15 employer, trustee, or payor of funds. 139.16 (b) The employer, trustee, or payor of funds is presumed to 139.17 be in contempt: 139.18 (1) if the employer, trustee, or payor of funds has 139.19 intentionally failed to withhold support after receiving the 139.20 order or notice for income withholding or notice of enforcement 139.21 of medical support; or 139.22 (2) upon presentation of pay stubs or similar documentation 139.23 showing that the employer, trustee, or payor of funds withheld 139.24 support and demonstrating that the employer, trustee, or payor 139.25 of funds intentionally failed to remit support to the public 139.26 authority. 139.27 Subd. 3. [SANCTIONS.] The employer, trustee, or payor of 139.28 funds is liable to the obligee or the public authority for 139.29 amounts required to be withheld that were not paid. The court 139.30 may enter judgment against the employer, trustee, or payor of 139.31 funds for support not withheld or remitted. An employer, 139.32 trustee, or payor of funds found guilty of contempt must be 139.33 punished by a fine of not more than $250 as provided in chapter 139.34 588. The court may also impose other contempt sanctions 139.35 authorized under chapter 588. 139.36 Sec. 48. [517C.58] [PRIORITY OF INCOME WITHHOLDING ORDERS; 140.1 MAXIMUM WITHHOLDING.] 140.2 Subdivision 1. [PRIORITY.] (a) An order for or notice of 140.3 withholding under this chapter or execution or garnishment upon 140.4 a judgment for child support arrears or preadjudicated expenses 140.5 has priority over an attachment, execution, garnishment, or wage 140.6 assignment and is not subject to the statutory limitations on 140.7 amounts levied against the income of the obligor. Amounts 140.8 withheld from an employee's income must not exceed the maximum 140.9 permitted under the Consumer Credit Protection Act, United 140.10 States Code, title 15, section 1673(b). 140.11 Subd. 2. [MULTIPLE ORDERS.] If a single employee is 140.12 subject to multiple withholding orders or multiple notices of 140.13 withholding for the support of more than one child, the payor of 140.14 funds must comply with all of the orders or notices to the 140.15 extent that the total amount withheld from the obligor's income 140.16 does not exceed the limits imposed under the Consumer Credit 140.17 Protection Act, United States Code, title 15, section 1673(b), 140.18 giving priority to amounts designated in each order or notice as 140.19 current support as follows: 140.20 (1) if the total of the amounts designated in the orders 140.21 for or notices of withholding as current support exceeds the 140.22 amount available for income withholding, the payor of funds must 140.23 allocate to each order or notice an amount for current support 140.24 equal to the amount designated in that order or notice as 140.25 current support, divided by the total of the amounts designated 140.26 in the orders or notices as current support, multiplied by the 140.27 amount of the income available for income withholding; and 140.28 (2) if the total of the amounts designated in the orders 140.29 for or notices of withholding as current support does not exceed 140.30 the amount available for income withholding, the payor of funds 140.31 must pay the amounts designated as current support, and must 140.32 allocate to each order or notice an amount for past due support, 140.33 equal to the amount designated in that order or notice as past 140.34 due support, divided by the total of the amounts designated in 140.35 the orders or notices as past due support, multiplied by the 140.36 amount of income remaining available for income withholding 141.1 after the payment of current support. 141.2 Sec. 49. [517C.59] [SUBSEQUENT INCOME WITHHOLDING.] 141.3 Subdivision 1. [APPLICATION.] This section applies to 141.4 support orders that do not contain provisions for income 141.5 withholding. 141.6 Subd. 2. [WHEN THE PUBLIC AUTHORITY IS A PARTY.] If the 141.7 public authority is a party, income withholding under this 141.8 section takes effect without prior judicial notice to the 141.9 obligor and without the need for judicial or administrative 141.10 hearing. Withholding must be initiated when: 141.11 (1) the obligor requests it in writing to the public 141.12 authority; 141.13 (2) the obligee or obligor serves on the public authority a 141.14 copy of the notice of income withholding, a copy of the court's 141.15 order, an application, and the fee to use the public authority's 141.16 collection services; or 141.17 (3) the public authority commences withholding under 141.18 section 517C.43. 141.19 Subd. 3. [WHEN THE PUBLIC AUTHORITY IS NOT A PARTY.] If 141.20 the public authority is not a party, income withholding under 141.21 this section must be initiated when an obligee requests it by 141.22 making a written motion to the court and the court finds that 141.23 previous support has not been paid on a timely consistent basis 141.24 or that the obligor has threatened expressly or otherwise to 141.25 stop or reduce payments. 141.26 Subd. 4. [NOTICE.] Within two days after the public 141.27 authority commences withholding under this section, the public 141.28 authority must send to the obligor at the obligor's last known 141.29 address, notice that withholding has commenced. The notice must 141.30 include the information provided to the payor of funds in the 141.31 notice of withholding. 141.32 Subd. 5. [CONTEST.] (a) The obligor may contest 141.33 withholding under this section on the limited grounds that the 141.34 withholding or the amount withheld is improper due to mistake of 141.35 fact. An obligor who chooses to contest the withholding must do 141.36 so no later than 15 days after the employer commences 142.1 withholding, by doing all of the following: 142.2 (1) file a request for an expedited child support hearing 142.3 under section 484.702, and include in the request the alleged 142.4 mistake of fact; 142.5 (2) serve a copy of the request for contested hearing upon 142.6 the public authority and the obligee; and 142.7 (3) secure a date for the contested hearing no later than 142.8 45 days after receiving notice that withholding has commenced. 142.9 (b) The income withholding must remain in place while the 142.10 obligor contests the withholding. 142.11 (c) If the court finds a mistake in the amount of the 142.12 arrears to be withheld, the court must continue the income 142.13 withholding, but it must correct the amount of the arrears to be 142.14 withheld. 142.15 Sec. 50. [517C.60] [INCOME WITHHOLDING; ARREARS ORDER.] 142.16 (a) In addition to ordering income withholding for current 142.17 support the court may order the payor of funds to withhold 142.18 amounts to satisfy the obligor's previous arrears in support 142.19 order payments. Use of this remedy does not exclude the use of 142.20 other remedies to enforce judgments. The employer or payor of 142.21 funds must withhold from the obligor's income an additional 142.22 amount equal to 20 percent of the monthly child support 142.23 obligation until the arrears are paid. 142.24 (b) Notwithstanding any law to the contrary, funds from 142.25 income sources included in section 517C.12, subdivision 1, 142.26 whether periodic or lump-sum, are not exempt from attachment or 142.27 execution upon a judgment for child support arrears. 142.28 (c) Absent an order to the contrary, if arrears exist at 142.29 the time a support order would otherwise terminate, income 142.30 withholding continues in effect or may be implemented in an 142.31 amount equal to the support order plus an additional 20 percent 142.32 of the monthly child support obligation, until all arrears have 142.33 been paid in full. 142.34 Sec. 51. [517C.61] [INTERSTATE INCOME WITHHOLDING.] 142.35 (a) Upon receipt of an order for support entered in another 142.36 state and the specified documentation from an authorized agency, 143.1 the public authority must implement income withholding. A payor 143.2 of funds in this state must withhold income under court orders 143.3 for withholding issued by other states or territories. 143.4 (b) An employer receiving an income withholding notice from 143.5 another state must withhold and distribute the funds as directed 143.6 in the withholding notice and must apply the law of the 143.7 obligor's principal place of employment when determining: 143.8 (1) the employer's fee for processing an income withholding 143.9 notice; 143.10 (2) the maximum amount permitted to be withheld from the 143.11 obligor's income; and 143.12 (3) deadlines for implementing and forwarding the child 143.13 support payment. 143.14 (c) An obligor may contest withholding under this section 143.15 pursuant to section 518C.506. 143.16 Sec. 52. [517C.62] [ORDER TERMINATING INCOME WITHHOLDING.] 143.17 Subdivision 1. [GENERAL PROCEDURE.] (a) An order 143.18 terminating income withholding must specify the effective date 143.19 of the order and reference the initial order or decree that 143.20 establishes the support obligation. An order terminating income 143.21 withholding must be entered if: 143.22 (1) the obligor serves written notice of the application 143.23 for termination of income withholding by mail upon the obligee 143.24 at the obligee's last known mailing address, and a duplicate 143.25 copy of the application is served on the public authority; 143.26 (2) the application for termination of income withholding 143.27 specifies the event that terminates the support obligation, the 143.28 effective date of the termination of the support obligation, and 143.29 the applicable provisions of the order or decree that 143.30 established the support obligation; and 143.31 (3) the application includes the complete name of the 143.32 obligor's payor of funds, the business mailing address, the 143.33 court action and court file number, and the support and 143.34 collections file number, if known. 143.35 (b) The obligee or the public authority may request a 143.36 contested hearing on the issue of whether income withholding 144.1 should continue. The request must be made within 20 days of 144.2 receiving an application for termination of income withholding. 144.3 The request must clearly specify the basis for continuing income 144.4 withholding. The obligee or public authority may make an ex 144.5 parte motion to stay the service of an order terminating income 144.6 withholding upon the obligor's payor of funds pending the 144.7 outcome of the contested hearing. 144.8 Subd. 2. [TERMINATION BY THE PUBLIC AUTHORITY.] (a) If the 144.9 public authority determines that income withholding is no longer 144.10 applicable, the public authority must notify the obligee and the 144.11 obligor of intent to terminate income withholding. 144.12 (b) Five days after notification to the obligee and 144.13 obligor, the public authority must issue a notice to the payor 144.14 of funds terminating income withholding. A court order is not 144.15 required unless the obligee has requested an expedited child 144.16 support hearing under section 484.702. 144.17 Sec. 53. [517C.63] [CHILD SUPPORT DEPOSIT ACCOUNT; 144.18 FINANCIAL INSTITUTIONS.] 144.19 Subdivision 1. [APPLICATION.] If income withholding is 144.20 ineffective due to the obligor's method of obtaining income, the 144.21 court must order the obligor to identify a child support deposit 144.22 account owned solely by the obligor, or to establish an account, 144.23 in a financial institution located in this state for the purpose 144.24 of depositing court-ordered child support payments. The court 144.25 must order the obligor to execute an agreement with the 144.26 appropriate public authority for preauthorized transfers from 144.27 the obligor's child support account payable to an account of the 144.28 public authority. The court must order the obligor to disclose 144.29 to the court all deposit accounts owned by the obligor in whole 144.30 or in part in any financial institution. The court may order 144.31 the obligor to disclose to the court the opening or closing of 144.32 any deposit account owned in whole or in part by the obligor 144.33 within 30 days of the opening or closing. The court may order 144.34 the obligor to execute an agreement with the appropriate public 144.35 authority for preauthorized transfers from any deposit account 144.36 owned in whole or in part by the obligor to the obligor's child 145.1 support deposit account if necessary to satisfy court-ordered 145.2 child support payments. The court may order a financial 145.3 institution to disclose to the court the account number and any 145.4 other information regarding accounts owned in whole or in part 145.5 by the obligor. An obligor who fails to comply with this 145.6 subdivision, fails to deposit funds in at least one deposit 145.7 account sufficient to pay court-ordered child support, or stops 145.8 payment or revokes authorization of a preauthorized transfer is 145.9 subject to contempt of court procedures under chapter 588. 145.10 Subd. 2. [TRANSFERS.] A financial institution must execute 145.11 preauthorized transfers for the deposit accounts of the obligor 145.12 in the amount specified in the order and amounts required under 145.13 this section as directed by the public authority. A financial 145.14 institution is liable to the obligee if funds in any of the 145.15 obligor's deposit accounts identified in the court order equal 145.16 the amount stated in the preauthorization agreement but are not 145.17 transferred by the financial institution in accordance with the 145.18 agreement. 145.19 Sec. 54. [517C.64] [ESCROW ACCOUNT.] 145.20 Subdivision 1. [ESTABLISHMENT.] (a) When determining or 145.21 modifying a support order the court must not order income 145.22 withholding otherwise required under sections 517C.51 to 517C.62 145.23 if: 145.24 (1) the court finds there are no arrears as of the date of 145.25 the court hearing; 145.26 (2) the obligor establishes a savings account for a sum 145.27 equal to two months of the monthly child support obligation; and 145.28 (3) the obligor provides proof of the existence of the 145.29 account to the court and the public authority prior to the 145.30 issuance of the order. Proof of the establishment must include 145.31 the financial institution name and address, account number, and 145.32 the amount of deposit. 145.33 (b) An account established under paragraph (a) must: 145.34 (1) be at a financial institution; 145.35 (2) bear interest; and 145.36 (3) authorize the public authority as the sole drawer of 146.1 funds. 146.2 Subd. 2. [DEFAULT.] (a) If a child support payment is ten 146.3 days or more past due, the obligee may transmit a notice of 146.4 default to the public authority and apply for child support 146.5 collection services. The notice must be verified by the obligee 146.6 and must contain the title of the action, the court file number, 146.7 the full name and address of the obligee, the name and last 146.8 known address of the obligor, the obligor's last known employer 146.9 or other payor of funds, the date of the first unpaid amount, 146.10 the date of the last unpaid amount, and the total amount unpaid. 146.11 (b) Within three working days of receiving a notice of 146.12 default, the public authority must: 146.13 (1) withdraw the funds held at the financial institution 146.14 under this section; and 146.15 (2) send a copy of the notice of default and a notice of 146.16 intent to implement income withholding by mail to the obligor at 146.17 the obligor's last known address. 146.18 (c) The notice of intent to implement income withholding 146.19 must state that the support order will be served on the 146.20 obligor's employer or payor of funds unless within 15 days of 146.21 the date of the notice the obligor: 146.22 (1) requests a hearing on the issue of whether payment was 146.23 in default as of the date of the notice of default; and 146.24 (2) serves notice of the hearing request on the public 146.25 authority and the obligee. 146.26 Subd. 3. [DUTIES OF THE PUBLIC AUTHORITY.] (a) Within 146.27 three working days of withdrawing sums under subdivision 2, the 146.28 public authority must remit all amounts not assigned to the 146.29 public authority to the obligee as current support. 146.30 (b) The public authority must also serve a copy of the 146.31 court's order and the provisions of sections 517C.51 to 517C.62 146.32 and this section on the obligor's employer or other payor of 146.33 funds unless the obligor requests a hearing under subdivision 2, 146.34 paragraph (c). 146.35 (c) The public authority must inform the obligor's employer 146.36 or other payor of funds of the date the next support payment is 147.1 due. Income withholding must begin on that date and must 147.2 reflect the total credits of principal and interest amounts 147.3 received from the escrow account. 147.4 Subd. 4. [HEARING.] (a) If the obligor requests a hearing 147.5 under subdivision 2, paragraph (c), the court must hold a 147.6 hearing within 30 days of the date of the notice of default 147.7 under subdivision 2, paragraph (a). 147.8 (b) If the court finds that there was a default, the court 147.9 must order the immediate withholding of support from the 147.10 obligor's income. 147.11 (c) If the court finds that there was no default, the court 147.12 must order the reestablishment of the escrow account by either 147.13 the obligee or obligor and must not order income withholding. 147.14 Subd. 5. [TERMINATION OF ESCROW ACCOUNT.] (a) When the 147.15 support obligation ends under the terms of the order or decree 147.16 establishing the obligation and the sum held under this section 147.17 has not otherwise been released, the public authority must 147.18 release the sum and interest to the obligor if the obligor 147.19 transmits a notice of termination to the public authority. The 147.20 notice must be verified by the obligor and must indicate: 147.21 (1) the title of the action; 147.22 (2) the court file number; 147.23 (3) the full name and address of the obligee; 147.24 (4) the event that ends the support obligation; 147.25 (5) the effective date of the termination of support 147.26 obligation; and 147.27 (6) the applicable provisions of the order or decree that 147.28 established the support obligation. 147.29 (b) The public authority must send a copy of the notice of 147.30 termination to the obligee. 147.31 (c) The obligee or the public authority may request a 147.32 hearing on the issues of whether the support obligation 147.33 continues and whether the escrow account should continue. The 147.34 request must be made and served on the other parties within 20 147.35 days of receiving a notice of termination. 147.36 Sec. 55. [517C.65] [TRUSTEE.] 148.1 Subdivision 1. [APPOINTMENT.] Upon its own motion or upon 148.2 motion of either party, the court may appoint a trustee, when it 148.3 is deemed expedient, to receive money ordered to be paid as 148.4 child support for remittance to the person entitled to receive 148.5 the payments. The trustee may also receive property that is 148.6 part of an award for division of marital property. The trustee 148.7 must hold the property in trust to invest and pay over the 148.8 income in the manner the court directs, or to pay over the 148.9 principal sum in the proportions and at the times the court 148.10 orders. In all cases, the court must consider the situation and 148.11 circumstances of the recipient, and the children, if any. The 148.12 trust must give a bond, as the court requires, for the faithful 148.13 performance of the trust. If it appears that the recipient of 148.14 money ordered to be paid as support will receive public 148.15 assistance, the court must appoint the public authority as 148.16 trustee. 148.17 Subd. 2. [RECORDS.] The trustee must maintain records 148.18 listing the amount of payments, the date when payments are 148.19 required to be made, and the names and addresses of the parties 148.20 affected by the order. 148.21 Subd. 3. [COMMUNICATION.] The parties affected by the 148.22 order must inform the trustee of a change of address or of other 148.23 conditions that may affect the administration of the order. 148.24 Subd. 4. [LATE PAYMENT.] If a required support payment is 148.25 ten days or more overdue, the trustee must send the obligor 148.26 notice of the arrears by first class mail. If payment of the 148.27 sum due is not received by the trustee within ten days after 148.28 sending notice, the trustee must certify the amount due to the 148.29 public authority, whenever that authority is not the trustee. 148.30 If the public authority refers the arrears to the county 148.31 attorney, the county attorney may initiate enforcement 148.32 proceedings against the obligor for support. 148.33 Sec. 56. [517C.66] [OVERPAYMENTS.] 148.34 If child support is not assigned under section 256.741, and 148.35 an obligor has overpaid a child support obligation because of a 148.36 modification or error in the amount owed, the public authority 149.1 must: 149.2 (1) apply the amount of the overpayment to reduce the 149.3 amount of child support arrears or debts owed to the obligee; 149.4 and 149.5 (2) if an overpayment exists after the reduction of arrears 149.6 or debt, reduce the amount of the child support remitted to the 149.7 obligee by an amount no greater than 20 percent of the current 149.8 monthly support obligation and remit this amount to the obligor 149.9 until the overpayment is reduced to zero. 149.10 Sec. 57. [517C.67] [ALTERNATE NOTICE OF COURT ORDER.] 149.11 Whenever this chapter requires service of a court's order 149.12 on an employer, union, or payor of funds, service of a verified 149.13 notice of order may be made in lieu of the order. The verified 149.14 notice must contain the title of the action, the name of the 149.15 court, the court file number, the date of the court order, and 149.16 must recite the operative provisions of the order. 149.17 Sec. 58. [517C.70] [CHILD SUPPORT AND PARENTING TIME ARE 149.18 INDEPENDENT.] 149.19 (a) Failure by a party to make support payments is not a 149.20 defense to: 149.21 (1) interference with parenting time rights; or 149.22 (2) removing a child from this state without the permission 149.23 of the court or of a parent who has been given parenting time. 149.24 (b) Interference with parenting time rights or taking a 149.25 child from this state without permission of the court or of a 149.26 parent who has been given parenting time is not a defense to 149.27 nonpayment of support. 149.28 (c) If a party fails to make support payments, interferes 149.29 with parenting time rights, or removes a child from this state 149.30 without permission of the court or of a parent who has been 149.31 given parenting time, the other party may petition the court for 149.32 an appropriate order. 149.33 Sec. 59. [517C.705] [SIX-MONTH REVIEW.] 149.34 A decree or order that establishes child support rights and 149.35 obligations must contain a review date six months after its 149.36 entry according to section 517A.25. 150.1 Sec. 60. [517C.71] [PAYMENT AGREEMENTS.] 150.2 Subdivision 1. [GENERAL REQUIREMENTS.] An obligor who has 150.3 child support arrears may enter into a payment agreement that 150.4 addresses payment of both current and overdue support. Payment 150.5 agreements must: 150.6 (1) be in writing; 150.7 (2) address both current support and arrears; and 150.8 (3) be approved by the court, a child support magistrate, 150.9 or the public authority. 150.10 Subd. 2. [CONSIDERATIONS.] In proposing or approving 150.11 proposed payment agreements for purposes of this chapter, the 150.12 court, a child support magistrate, or the public authority must 150.13 take into consideration the amount of the arrears, the amount of 150.14 the current support order, any pending request for modification, 150.15 and the earnings of the obligor. The court, child support 150.16 magistrate, or public authority must consider the individual 150.17 financial circumstances of each obligor in evaluating the 150.18 obligor's ability to pay a proposed payment agreement and must 150.19 propose a reasonable payment agreement tailored to the 150.20 individual financial circumstances of each obligor. 150.21 Sec. 61. [517C.72] [SEEK EMPLOYMENT ORDERS.] 150.22 Subdivision 1. [COURT ORDER.] (a) When the public 150.23 authority is enforcing a support order, the public authority may 150.24 seek a court order requiring an obligor to seek employment if: 150.25 (1) employment of the obligor cannot be verified; 150.26 (2) the obligor has child support arrears amounting to at 150.27 least three times the obligor's total monthly support payments; 150.28 and 150.29 (3) the obligor is not in compliance with a payment 150.30 agreement. 150.31 (b) Upon proper notice to the obligor, the court may enter 150.32 a seek employment order if it finds that the obligor has not 150.33 provided proof of gainful employment and has not consented to an 150.34 order for income withholding or entered into a payment agreement. 150.35 Subd. 2. [CONTENTS OF ORDER.] The order to seek employment 150.36 must: 151.1 (1) order that the obligor seek employment within a 151.2 determinate amount of time; 151.3 (2) order that the obligor file with the public authority a 151.4 weekly report of at least five new attempts to find employment 151.5 or of having found employment. The report must include the 151.6 names, addresses, and telephone numbers of the employers or 151.7 businesses with whom the obligor attempted to obtain employment 151.8 and the name of the individual contact at each employer or 151.9 business to whom the obligor made application for employment or 151.10 to whom an inquiry was directed; 151.11 (3) notify the obligor that failure to comply with the 151.12 order is evidence of a willful failure to pay support under 151.13 section 517C.74; 151.14 (4) order that the obligor provide the public authority 151.15 with verification of any reason for noncompliance with the 151.16 order; and 151.17 (5) specify the duration of the order, not to exceed three 151.18 months. 151.19 Sec. 62. [517C.73] [ORDER FOR COMMUNITY SERVICES.] 151.20 If the court finds that the obligor earns $400 or less per 151.21 month and does not have the ability to provide support based on 151.22 the guidelines and factors in this chapter, the court may order 151.23 the obligor to perform community services to fulfill the 151.24 obligor's support obligation. In ordering community services 151.25 under this section, the court must consider whether the obligor 151.26 has the physical capability to perform community services, and 151.27 must order community services that are appropriate for the 151.28 obligor's abilities. 151.29 Sec. 63. [517C.74] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 151.30 SUPPORT.] 151.31 Subdivision 1. [GROUNDS.] If a person against whom an 151.32 order or decree for support has been entered under this chapter, 151.33 chapter 256, or a comparable law from another jurisdiction, has 151.34 child support arrears amounting to at least three times the 151.35 obligor's total monthly support obligation and is not in 151.36 compliance with a payment agreement, the person may be cited and 152.1 punished by the court for contempt under chapter 588 or this 152.2 section. Failure to comply with a seek employment order entered 152.3 under section 517C.72 is evidence of willful failure to pay 152.4 support. 152.5 Subd. 2. [COURT OPTIONS.] (a) If a court cites a person 152.6 for contempt under this section, and the obligor lives in a 152.7 county that contracts with the commissioner of human services 152.8 under section 256.997, the court may order the performance of 152.9 community service work up to 32 hours per week for six weeks for 152.10 each finding of contempt if the obligor: 152.11 (1) is able to work full time; 152.12 (2) works an average of less than 32 hours per week; and 152.13 (3) has actual weekly gross income averaging less than 40 152.14 times the federal minimum hourly wage under United States Code, 152.15 title 29, section 206(a)(1), or is voluntarily earning less than 152.16 the obligor has the ability to earn, as determined by the court. 152.17 (b) An obligor is presumed to be able to work full time. 152.18 The obligor has the burden of proving inability to work full 152.19 time. 152.20 Subd. 3. [RELEASE.] A person ordered to do community 152.21 service work under subdivision 2 may, during the six-week 152.22 period, apply to the court, an administrative law judge, or the 152.23 public authority to be released from the community service work 152.24 requirement if the person: 152.25 (1) provides proof to the court, an administrative law 152.26 judge, or the public authority that the person is gainfully 152.27 employed and submits to an order for income withholding under 152.28 section 517C.52; 152.29 (2) enters into a payment agreement; or 152.30 (3) provides proof to the court, an administrative law 152.31 judge, or the public authority that, after entry of the order, 152.32 the person's circumstances have so changed that the person is no 152.33 longer able to fulfill the terms of the community service order. 152.34 Subd. 4. [CONTINUING OBLIGATIONS.] The performance of 152.35 community service work does not relieve an obligor of a current 152.36 support obligation or arrears. 153.1 Sec. 64. [517C.745] [SECURITY; SEQUESTRATION; CONTEMPT.] 153.2 (a) In all cases when support payments are ordered, the 153.3 court may require sufficient security to be given for the 153.4 payment of them according to the terms of the order. Upon 153.5 neglect or refusal to give security, or upon failure to pay the 153.6 support, the court may sequester the obligor's personal estate 153.7 and the rents and profits of real estate of the obligor, and 153.8 appoint a receiver of them. The court may cause the personal 153.9 estate and the rents and profits of the real estate to be 153.10 applied according to the terms of the order. 153.11 (b) The obligor is presumed to have an income from a source 153.12 sufficient to pay the support order. A child support order 153.13 constitutes prima facie evidence that the obligor has the 153.14 ability to pay the award. If the obligor disobeys the order, it 153.15 is prima facie evidence of contempt. The court may cite the 153.16 obligor for contempt under this section, section 517C.74, or 153.17 chapter 588. 153.18 Sec. 65. [517C.75] [DRIVER'S LICENSE SUSPENSION.] 153.19 Subdivision 1. [FACTORS WARRANTING SUSPENSION.] An 153.20 obligor's driver's license must be suspended if: 153.21 (1) the obligor has child support arrears amounting to at 153.22 least three times the obligor's total monthly support obligation 153.23 and the obligor is not in compliance with a payment agreement; 153.24 or 153.25 (2) the obligor has failed, after receiving notice, to 153.26 comply with a subpoena relating to a paternity or child support 153.27 proceeding. 153.28 Subd. 2. [FACTORS WARRANTING ISSUANCE OF A LIMITED 153.29 LICENSE.] An obligor may be issued a limited license if: 153.30 (1) the obligor has child support arrears amounting to 153.31 three to six times the obligor's total monthly support 153.32 obligation and the obligor is not in compliance with a payment 153.33 agreement; and 153.34 (2) the obligor's employment, attendance at 153.35 employment-related education or training, or compliance with 153.36 court-ordered parenting time depends upon the use of a driver's 154.1 license. 154.2 Subd. 3. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 154.3 of a party, the court must order the commissioner of public 154.4 safety to suspend an obligor's driver's license if the court 154.5 finds that a factor in subdivision 1 exists or may order the 154.6 commissioner of public safety to issue a limited license to the 154.7 obligor if the court finds that the factors in subdivision 2 154.8 exist. 154.9 (b) The motion must be properly served and there must be an 154.10 opportunity for a hearing pursuant to court rules. If a hearing 154.11 is requested, the obligor must be served written notice of the 154.12 time and date of the hearing at least 14 days prior to the 154.13 hearing. The notice must specify the allegations against the 154.14 obligor. The notice may be served personally or by mail. 154.15 (c) The court's order must be stayed for 90 days in order 154.16 to allow the obligor to enter into a payment agreement. If the 154.17 obligor has not entered into or is not in compliance with a 154.18 payment agreement after the 90 days expire, the court's order 154.19 becomes effective and the commissioner of public safety must 154.20 suspend the obligor's driver's license. 154.21 (d) An obligee may not make a motion under this section 154.22 within 12 months of a denial of a previous motion under this 154.23 section. 154.24 (e) At a hearing regarding the obligor's failure to comply 154.25 with a subpoena, the only issues to be considered are mistake of 154.26 fact and whether the obligor received the subpoena. 154.27 Subd. 4. [SUSPENSION INITIATED BY THE PUBLIC 154.28 AUTHORITY.] (a) The public authority must direct the 154.29 commissioner of public safety to suspend an obligor's driver's 154.30 license if the public authority determines that a factor in 154.31 subdivision 1 exists or may direct the commissioner of public 154.32 safety to issue a limited license to the obligor if the public 154.33 authority determines that the factors in subdivision 2 exist. 154.34 (b) At least 90 days before directing the suspension of a 154.35 driver's license the public authority must attempt to notify the 154.36 obligor that it intends to seek suspension and that the obligor 155.1 must request a hearing within 30 days in order to contest the 155.2 suspension. The notice must be in writing and mailed to the 155.3 obligor at the obligor's last known address. 155.4 (c) If the obligor makes a written request for a hearing 155.5 within 30 days, a court hearing must be held. The public 155.6 authority must then make a motion to the court and schedule a 155.7 hearing. The matter must then proceed under subdivision 2. 155.8 (d) If the public authority does not receive a request for 155.9 a hearing within 30 days and the obligor does not enter into a 155.10 payment agreement within 90 days of the date of the notice, the 155.11 public authority must direct the commissioner of public safety 155.12 to suspend the obligor's driver's license. 155.13 Subd. 5. [FAILURE TO REMAIN IN COMPLIANCE WITH A PAYMENT 155.14 AGREEMENT.] The license of an obligor who fails to remain in 155.15 compliance with a payment agreement may be suspended. Notice to 155.16 the obligor of intent to suspend under this subdivision must be 155.17 served by first class mail at the obligor's last known address 155.18 and must include a notice of hearing. The notice must be served 155.19 upon the obligor not less than ten days before the date of the 155.20 hearing. If the obligor appears at the hearing and the judge 155.21 determines that the obligor has failed to comply with a payment 155.22 agreement, the judge must notify the department of public safety 155.23 to suspend the obligor's license. If the obligor fails to 155.24 appear at the hearing, the public authority may notify the 155.25 department of public safety to suspend the obligor's license. 155.26 Subd. 6. [REINSTATEMENT.] An obligor whose driver's 155.27 license or operating privileges are suspended may provide proof 155.28 to the public authority that the obligor is in compliance with 155.29 all payment agreements. Within 15 days of the receipt of that 155.30 proof, the public authority must inform the commissioner of 155.31 public safety that the obligor's driver's license or operating 155.32 privileges should no longer be suspended. 155.33 Subd. 7. [REPORT TO THE LEGISLATURE.] On January 15, 2003, 155.34 and every two years after that, the commissioner of human 155.35 services must submit a report to the legislature that identifies 155.36 the following information relevant to the implementation of this 156.1 section: 156.2 (1) the number of child support obligors notified of an 156.3 intent to suspend a driver's license; 156.4 (2) the amount collected in payments from the child support 156.5 obligors notified of an intent to suspend a driver's license; 156.6 (3) the number of cases paid in full and payment agreements 156.7 executed in response to notification of an intent to suspend a 156.8 driver's license; 156.9 (4) the number of cases in which there has been 156.10 notification and no payments or payment agreements; 156.11 (5) the number of driver's licenses suspended; and 156.12 (6) the cost of implementation and operation of the 156.13 requirements of this section. 156.14 Sec. 66. [517C.76] [OCCUPATIONAL LICENSE SUSPENSION.] 156.15 Subdivision 1. [FACTORS WARRANTING SUSPENSION.] An 156.16 obligor's occupational license must be suspended if: 156.17 (1) the obligor has child support arrears amounting to at 156.18 least three times the obligor's total monthly support obligation 156.19 and the obligor is not in compliance with a payment agreement; 156.20 or 156.21 (2) the obligor has failed, after receiving notice, to 156.22 comply with a subpoena relating to a paternity or child support 156.23 proceeding. 156.24 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 156.25 of a party, the court must order a licensing board or agency to 156.26 suspend an obligor's license under section 214.101 if the court 156.27 finds that a factor in subdivision 1 exists. 156.28 (b) The motion must be properly served and there must be an 156.29 opportunity for a hearing pursuant to court rules. If a hearing 156.30 is requested, the obligor must be served written notice of the 156.31 time and date of the hearing at least 14 days prior to the 156.32 hearing. The notice must specify the allegations against the 156.33 obligor. The notice may be served personally or by mail. 156.34 (c) The court's order must be stayed for 90 days in order 156.35 to allow the obligor to enter into a payment agreement. If the 156.36 obligor has not entered into or is not in compliance with a 157.1 payment agreement after the 90 days expire, the court's order 157.2 becomes effective. 157.3 (d) At a hearing regarding the obligor's failure to comply 157.4 with a subpoena, the only issues to be considered are mistake of 157.5 fact and whether the obligor received the subpoena. 157.6 (e) If the obligor is a licensed attorney, the court must 157.7 report the matter to the lawyer's professional responsibility 157.8 board for appropriate action in accordance with the Rules of 157.9 Professional Conduct. 157.10 Subd. 3. [SUSPENSION INITIATED BY THE PUBLIC 157.11 AUTHORITY.] (a) The public authority must direct a licensing 157.12 board or agency to suspend an obligor's license under section 157.13 214.101 if the public authority determines that the factors in 157.14 subdivision 1 exist. 157.15 (b) At least 90 days before directing the suspension of an 157.16 occupational license, the public authority must attempt to 157.17 notify the obligor that it intends to seek suspension and that 157.18 the obligor must request a hearing within 30 days in order to 157.19 contest the suspension. The notice must be in writing and 157.20 mailed to the obligor at the obligor's last known address. 157.21 (c) If the obligor makes a written request for a hearing 157.22 within 30 days a court hearing must be held. The public 157.23 authority must then make a motion to the court and schedule a 157.24 hearing. The matter must then proceed under subdivision 2. 157.25 (d) If the public authority does not receive a request for 157.26 a hearing within 30 days and the obligor does not execute a 157.27 payment agreement within 90 days of the date of the notice, the 157.28 public authority must direct the licensing board or agency to 157.29 suspend the obligor's license. 157.30 (e) If the obligor is a licensed attorney, the public 157.31 authority may report the matter to the lawyer's professional 157.32 responsibility board for appropriate action in accordance with 157.33 the Rules of Professional Conduct. 157.34 Subd. 4. [FAILURE TO REMAIN IN COMPLIANCE WITH AN APPROVED 157.35 PAYMENT AGREEMENT.] The license of an obligor who fails to 157.36 remain in compliance with a payment agreement may be suspended. 158.1 Notice to the obligor of an intent to suspend under this 158.2 subdivision must be served by first class mail at the obligor's 158.3 last known address and must include a notice of hearing. The 158.4 notice must be served upon the obligor not less than ten days 158.5 before the date of the hearing. If the obligor appears at the 158.6 hearing and the judge determines that the obligor has failed to 158.7 comply with a payment agreement, the judge must notify the 158.8 licensing board or agency to suspend the obligor's license. If 158.9 the obligor fails to appear at the hearing, the public authority 158.10 may notify the licensing board or agency to suspend the 158.11 obligor's license. 158.12 Subd. 5. [REINSTATEMENT.] An obligor whose occupational 158.13 license is suspended may provide proof to the public authority 158.14 that the obligor is in compliance with all payment agreements. 158.15 Within 15 days of the receipt of that proof, the public 158.16 authority must inform the licensing board or agency or the 158.17 lawyer's professional responsibility board that the obligor is 158.18 no longer ineligible for license issuance, reinstatement, or 158.19 renewal under this section. 158.20 Sec. 67. [517C.77] [DATA ON SUSPENSIONS FOR SUPPORT 158.21 ARREARS.] 158.22 Notwithstanding section 13.03, subdivision 4, paragraph 158.23 (c), data on an occupational license suspension under section 158.24 517C.76 or a driver's license suspension under section 517C.75, 158.25 that are transferred by the department of human services to 158.26 respectively the department of public safety or a state, county, 158.27 or municipal occupational licensing agency must have the same 158.28 classification at the department of public safety or other 158.29 receiving agency under section 13.02, as other license 158.30 suspension data held by the receiving agency. The transfer of 158.31 the data does not affect the classification of the data in the 158.32 hands of the department of human services. 158.33 Sec. 68. [517C.78] [RECREATIONAL LICENSE SUSPENSION.] 158.34 Subdivision 1. [MOTION; FACTORS.] (a) A party may make a 158.35 motion to suspend the recreational license or licenses of an 158.36 obligor. The motion must be served on the obligor in person or 159.1 by first class mail at the obligor's last known address. There 159.2 must be an opportunity for a hearing. The court may direct the 159.3 commissioner of natural resources to suspend or bar receipt of 159.4 the obligor's recreational license or licenses if it finds that: 159.5 (1) the obligor has child support arrears amounting to at 159.6 least six times the obligor's total monthly support payments and 159.7 the obligor is not in compliance with a payment agreement; or 159.8 (2) the obligor has failed, after receiving notice, to 159.9 comply with a subpoena relating to a paternity or child support 159.10 proceeding. 159.11 (b) Prior to utilizing this section, the court must find 159.12 that other substantial enforcement mechanisms have been 159.13 attempted but have not resulted in compliance. 159.14 Subd. 2. [AFFECTED LICENSES.] For purposes of this 159.15 section, a recreational license includes all licenses, permits, 159.16 and stamps issued centrally by the commissioner of natural 159.17 resources under sections 97B.301, 97B.401, 97B.501, 97B.515, 159.18 97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305. 159.19 Subd. 3. [REINSTATEMENT.] An obligor whose recreational 159.20 license has been suspended or barred may provide proof to the 159.21 court that the obligor is in compliance with all payment 159.22 agreements. Within 15 days of receipt of that proof, the court 159.23 must notify the commissioner of natural resources that the 159.24 obligor's recreational license or licenses must no longer be 159.25 suspended nor may receipt be barred. 159.26 Sec. 69. [517C.79] [MOTOR VEHICLE LIEN.] 159.27 Subdivision 1. [FACTORS WARRANTING LIEN.] A lien must be 159.28 entered on any motor vehicle certificate of title subsequently 159.29 issued in the name of an obligor if the obligor has child 159.30 support arrears amounting to at least three times the obligor's 159.31 total monthly support obligation and the obligor is not in 159.32 compliance with a payment agreement. 159.33 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 159.34 of a party, if the court finds that the factors in subdivision 1 159.35 exist, the court must order the commissioner of public safety to 159.36 enter a lien in the name of the obligee or in the name of the 160.1 state of Minnesota, as appropriate, under section 168A.05, 160.2 subdivision 8, on any motor vehicle certificate of title 160.3 subsequently issued in the name of the obligor. 160.4 (b) The motion must be properly served and there must be an 160.5 opportunity for a hearing pursuant to court rules. If a hearing 160.6 is requested, the obligor must be served written notice of the 160.7 time and date of the hearing at least 14 days prior to the 160.8 hearing. The notice must specify the allegations against the 160.9 obligor. The notice may be served personally or by mail. 160.10 (c) The court's order must be stayed for 90 days in order 160.11 to allow the obligor to enter into a payment agreement. If the 160.12 obligor has not entered into or is not in compliance with a 160.13 payment agreement after the 90 days expires, the court's order 160.14 becomes effective and the commissioner of public safety must 160.15 record the lien on any motor vehicle certificate of title 160.16 subsequently issued in the name of the obligor. 160.17 Subd. 3. [LIEN INITIATED BY THE PUBLIC AUTHORITY.] (a) If 160.18 the public authority determines that the factors in subdivision 160.19 1 exist, the public authority must direct the commissioner of 160.20 public safety to enter a lien in the name of the obligee or in 160.21 the name of the state of Minnesota, as appropriate, under 160.22 section 168A.05, subdivision 8, on any motor vehicle certificate 160.23 of title subsequently issued in the name of the obligor. 160.24 (b) At least 90 days before directing the entry of a lien 160.25 under this section the public authority must attempt to notify 160.26 the obligor that it intends to record a lien and that the 160.27 obligor must request a hearing within 30 days in order to 160.28 contest the action. The notice must be in writing and mailed to 160.29 the obligor at the obligor's last known address. 160.30 (c) If the obligor makes a written request for a hearing 160.31 within 30 days a court hearing must be held. The public 160.32 authority must then make a motion to the court and schedule a 160.33 hearing. The matter must then proceed under subdivision 2. 160.34 (d) If the public authority does not receive a request for 160.35 a hearing within 30 days and the obligor does not enter into a 160.36 payment agreement within 90 days of the date of the notice, the 161.1 public authority must direct the commissioner of public safety 161.2 to record the lien. 161.3 Subd. 4. [RELEASE.] An obligor may provide proof to the 161.4 court or the public authority that the obligor is in compliance 161.5 with all payment agreements or that the value of the motor 161.6 vehicle is less than the exemption provided under section 161.7 550.37. Within 15 days of the receipt of that proof, the court 161.8 or public authority must either: 161.9 (1) execute a release of security interest under section 161.10 168A.20, subdivision 4, and mail or deliver the release to the 161.11 owner or other authorized person; or 161.12 (2) in instances where a lien has not yet been entered, 161.13 direct the commissioner of public safety not to enter a lien on 161.14 any motor vehicle certificate of title subsequently issued in 161.15 the name of the obligor. 161.16 Subd. 5. [NONEXEMPT VALUE.] A lien recorded against a 161.17 motor vehicle certificate of title under this section and 161.18 section 168A.05, subdivision 8, attaches only to the nonexempt 161.19 value of the motor vehicle as determined in accordance with 161.20 section 550.37. The value of a motor vehicle must be determined 161.21 in accordance with the retail value described in the National 161.22 Auto Dealers Association Official Used Car Guide, Midwest 161.23 Edition, for the current year, or in accordance with the 161.24 purchase price as defined in section 297B.01, subdivision 8. 161.25 Sec. 70. [517C.80] [PUBLICATION OF NAMES OF DELINQUENT 161.26 CHILD SUPPORT OBLIGORS.] 161.27 Subdivision 1. [MAKING NAMES PUBLIC.] At least once each 161.28 year, the commissioner of human services, in consultation with 161.29 the attorney general, may publish a list of the names and other 161.30 identifying information of no more than 25 persons who: 161.31 (1) are child support obligors; 161.32 (2) are at least $10,000 in arrears; 161.33 (3) are not in compliance with a payment agreement 161.34 regarding both current support and arrears approved by the 161.35 court, a child support magistrate, or the public authority; 161.36 (4) cannot currently be located by the public authority for 162.1 the purposes of enforcing a support order; and 162.2 (5) have not made a support payment except tax intercept 162.3 payments, in the preceding 12 months. 162.4 Subd. 2. [IDENTIFYING INFORMATION.] Identifying 162.5 information may include the obligor's name, last known address, 162.6 amount owed, date of birth, photograph, the number of children 162.7 for whom support is owed, and any additional information about 162.8 the obligor that would assist in identifying or locating the 162.9 obligor. The commissioner and attorney general may use posters, 162.10 media presentations, electronic technology, and other means that 162.11 the commissioner and attorney general determine are appropriate 162.12 for dissemination of the information, including publication on 162.13 the Internet. The commissioner and attorney general may make 162.14 any or all of the identifying information regarding these 162.15 persons public. Information regarding an obligor who meets the 162.16 criteria in this section will only be made public subsequent to 162.17 that person's selection by the commissioner and attorney general. 162.18 Subd. 3. [NOTICE.] (a) Before making public the name of 162.19 the obligor, the department of human services must send a notice 162.20 to the obligor's last known address stating the department's 162.21 intention to make public information on the obligor. The notice 162.22 must also provide an opportunity to have the obligor's name 162.23 removed from the list by paying the arrears or by entering into 162.24 an agreement to pay the arrears, or by providing information to 162.25 the public authority that there is good cause not to make the 162.26 information public. The notice must include the final date when 162.27 the payment or agreement can be accepted. 162.28 (b) The department of human services must obtain the 162.29 written consent of the obligee to make the name of the obligor 162.30 public. 162.31 Subd. 4. [NAMES PUBLISHED IN ERROR.] If the commissioner 162.32 makes a name public under subdivision 1 in error, the 162.33 commissioner must also offer to publish a printed retraction and 162.34 a public apology acknowledging that the name was made public in 162.35 error. If the person whose name was made public in error elects 162.36 the public retraction and apology, the retraction and apology 163.1 must appear in the same medium and the same format as the 163.2 original notice where the name was listed in error. In addition 163.3 to the right of a public retraction and apology, a person whose 163.4 name was made public in error has a civil action for damages 163.5 caused by the error. 163.6 Sec. 71. [517C.81] [COLLECTION; ARREARS.] 163.7 Subdivision 1. [COLLECTION OF ARREARS TO CONTINUE AFTER 163.8 CHILD IS EMANCIPATED.] Remedies available for the collection and 163.9 enforcement of support in this chapter and chapters 256, 257, 163.10 and 518C also apply to cases in which a child for whom support 163.11 is owed is emancipated and the obligor owes past support or has 163.12 accumulated arrears. Child support arrears under this section 163.13 include arrears for child support, medical support, child care, 163.14 pregnancy and birth expenses, and unreimbursed medical expenses 163.15 as defined in section 517C.15. 163.16 Subd. 2. [RETROACTIVE APPLICATION.] This section applies 163.17 retroactively to support arrears that accrued on or before the 163.18 date of enactment and to all arrears accruing after the date of 163.19 enactment. 163.20 Subd. 3. [LIMITATIONS.] Past support or pregnancy and 163.21 confinement expenses ordered for which the obligor has specific 163.22 court ordered terms for repayment may not be enforced using 163.23 drivers' and occupational or professional license suspension, 163.24 credit bureau reporting, and additional income withholding under 163.25 section 517C.60, unless the obligor fails to comply with the 163.26 terms of the court order for repayment. 163.27 Subd. 4. [PAYMENT OF ARREARS.] Absent a court order to the 163.28 contrary, if an arrearage exists at the time a support order 163.29 would otherwise terminate and section 517C.60, does not apply, 163.30 the arrearage must be repaid in an amount equal to the current 163.31 support order until all arrears have been paid in full. 163.32 Subd. 5. [PAYMENT AGREEMENT.] If an arrearage exists 163.33 according to a support order which fails to establish a monthly 163.34 support obligation in a specific dollar amount, the public 163.35 authority, if it provides child support collection services, or 163.36 the obligee, may establish a payment agreement. The payment 164.1 agreement must equal what the obligor would pay for current 164.2 child support, plus an additional 20 percent of the current 164.3 child support obligation, until the obligor pays all arrears in 164.4 full. If the obligor fails to enter into or comply with a 164.5 payment agreement, the public authority, if it provides child 164.6 support collection services, or the obligee may file a motion 164.7 for a court order establishing repayment terms. 164.8 Sec. 72. [517C.82] [COLLECTION; REVENUE RECAPTURE.] 164.9 The public authority may submit debt under chapter 270A 164.10 only if the obligor is in arrears in court-ordered child support 164.11 or maintenance payments, or both, in an amount greater than the 164.12 obligor's total monthly support and maintenance payments or if 164.13 the debt has been entered and docketed as a judgment under 164.14 section 548.09, subdivision 2a. 164.15 Sec. 73. [517C.83] [CASE REVIEWER.] 164.16 The commissioner must make a case reviewer available to 164.17 obligors and obligees. The reviewer must be available to answer 164.18 questions concerning the collection process and to review the 164.19 collection activity taken. A reviewer who reasonably believes 164.20 that a particular action being taken is unreasonable or unfair 164.21 may make recommendations to the commissioner and the applicable 164.22 county in regard to the collection action. 164.23 Sec. 74. [517C.84] [ATTORNEY FEES; COLLECTION COSTS.] 164.24 Subdivision 1. [GENERAL.] (a) A child support obligee is 164.25 entitled to recover from the obligor reasonable attorney fees 164.26 and other collection costs incurred to enforce a child support 164.27 judgment, as provided in this section. 164.28 (b) In order to recover collection costs under this 164.29 section, the arrears must be at least $500 and must be at least 164.30 90 days past due. In addition, the arrears must be a docketed 164.31 judgment under sections 548.09 and 548.091. 164.32 (c) If the obligor pays in full the judgment rendered under 164.33 section 548.091 within 20 days of receipt of notice of entry of 164.34 judgment, the obligee is not entitled to recover attorney fees 164.35 or collection costs under this section. 164.36 Subd. 2. [ENFORCEMENT.] Attorney fees and collection costs 165.1 obtained under this section are considered child support and 165.2 entitled to the applicable remedies for collection and 165.3 enforcement of child support. 165.4 Subd. 3. [NOTICE TO PUBLIC AUTHORITY.] If the public 165.5 authority is a party to a case, an obligee must provide written 165.6 notice to the public authority within five days of: 165.7 (1) contracting with an attorney or collection entity to 165.8 enforce a child support judgment; or 165.9 (2) receipting payments received on a child support 165.10 judgment. 165.11 Subd. 4. [NOTICE TO OBLIGOR; HEARING.] (a) The obligee 165.12 must serve notice of the obligee's intent to recover attorney 165.13 fees and collections costs by certified or registered mail on 165.14 the obligor at the obligor's last known address. The notice 165.15 must include an itemization of the attorney fees and collection 165.16 costs being sought by the obligee. It must inform the obligor 165.17 that the fees and costs will become an additional judgment for 165.18 child support unless, within 20 days of mailing of the notice, 165.19 the obligor requests a hearing: 165.20 (1) on the reasonableness of the fees and costs; or 165.21 (2) to contest the child support judgment on grounds 165.22 limited to mistake of fact. 165.23 (b) If the obligor requests a hearing, the only issues to 165.24 be determined by the court are: 165.25 (1) whether the attorney fees or collection costs were 165.26 reasonably incurred by the obligee for the enforcement of a 165.27 child support judgment against the obligor; or 165.28 (2) the validity of the child support judgment on grounds 165.29 limited to mistake of fact. 165.30 (c) The fees and costs may not exceed 30 percent of the 165.31 arrears. The court may modify the amount of attorney fees and 165.32 costs as appropriate and must enter judgment accordingly. 165.33 (d) If the obligor fails to request a hearing within 20 165.34 days of mailing of the notice under paragraph (a), the amount of 165.35 the attorney fees or collection costs requested by the obligee 165.36 in the notice automatically becomes an additional judgment for 166.1 child support. 166.2 Subd. 5. [FORMS.] The commissioner of human services must 166.3 prepare and make available to the court and the parties forms 166.4 for use in providing for notice and requesting a hearing under 166.5 this section. 166.6 Sec. 75. [517C.99] [REQUIRED NOTICES.] 166.7 Subdivision 1. [REQUIREMENT.] Every court order or 166.8 judgment and decree that provides for child support, spousal 166.9 maintenance, custody, or parenting time must contain certain 166.10 notices as set out in subdivision 3. The information in the 166.11 notices must be concisely stated in plain language. The notices 166.12 must be in clearly legible print, but may not exceed two pages. 166.13 An order or judgment and decree without the notice remains 166.14 subject to all statutes. The court may waive all or part of the 166.15 notice required under subdivision 3 relating to change of 166.16 address notification and similar information if it finds it is 166.17 necessary to protect the welfare of a party or child. 166.18 Subd. 2. [COPIES OF LAWS AND FORMS.] The district court 166.19 administrator must make copies of the sections referred to in 166.20 subdivision 3 available at no charge and must provide forms to 166.21 request or contest attorney fees, collection costs, and 166.22 cost-of-living increases. 166.23 Subd. 3. [CONTENTS.] The required notices must be 166.24 substantially as follows: 166.25 IMPORTANT NOTICE 166.26 1. PAYMENTS TO PUBLIC AGENCY 166.27 According to Minnesota Statutes, section 517C.35, payments 166.28 ordered for maintenance and support must be paid to the 166.29 public agency responsible for child support enforcement as 166.30 long as the person entitled to receive the payments is 166.31 receiving or has applied for public assistance or has 166.32 applied for support and maintenance collection services. 166.33 MAIL PAYMENTS TO: 166.34 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 166.35 FELONY 166.36 A person may be charged with a felony who conceals a minor 167.1 child or takes, obtains, retains, or fails to return a 167.2 minor child from or to the child's parent (or person with 167.3 custodial or visitation rights), according to Minnesota 167.4 Statutes, section 609.26. A copy of that section is 167.5 available from any district court clerk. 167.6 3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 167.7 A person who fails to pay court-ordered child support or 167.8 maintenance may be charged with a crime, which may include 167.9 misdemeanor, gross misdemeanor, or felony charges, 167.10 according to Minnesota Statutes, section 609.375. A copy 167.11 of that section is available from any district court clerk. 167.12 4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 167.13 (a) Payment of support or spousal maintenance is to be as 167.14 ordered, and the giving of gifts or making purchases of 167.15 food, clothing, and the like will not fulfill the 167.16 obligation. 167.17 (b) Payment of support must be made as it becomes due, and 167.18 failure to secure or denial of parenting time is NOT an 167.19 excuse for nonpayment, but the aggrieved party must seek 167.20 relief through a proper motion filed with the court. 167.21 (c) Nonpayment of support is not grounds to deny parenting 167.22 time. The party entitled to receive support may apply for 167.23 support and collection services, file a contempt motion, or 167.24 obtain a judgment as provided in Minnesota Statutes, 167.25 section 548.091. 167.26 (d) The payment of support or spousal maintenance takes 167.27 priority over payment of debts and other obligations. 167.28 (e) A party who accepts additional obligations of support 167.29 does so with the full knowledge of the party's prior 167.30 obligation under this proceeding. 167.31 (f) Child support or maintenance is based on annual income, 167.32 and it is the responsibility of a person with seasonal 167.33 employment to budget income so that payments are made 167.34 throughout the year as ordered. 167.35 (g) If the obligor is laid off from employment or receives 167.36 a pay reduction, support may be reduced, but only if the 168.1 obligor serves and files a motion to reduce the support 168.2 with the court. Any reduction will take effect only if 168.3 ordered by the court and may only relate back to the time 168.4 that the motion is filed. If the obligor does not file a 168.5 motion, the support obligation will continue at the current 168.6 level. The court is not permitted to reduce support 168.7 retroactively, except as provided in Minnesota Statutes, 168.8 section 517C.29. 168.9 (h) Reasonable parenting time guidelines are contained in 168.10 Appendix B, which is available from the court administrator. 168.11 (i) The nonpayment of support may be enforced through the 168.12 denial of student grants; interception of state and federal 168.13 tax refunds; suspension of driver's, recreational, and 168.14 occupational licenses; referral to the department of 168.15 revenue or private collection agencies; seizure of assets, 168.16 including bank accounts and other assets held by financial 168.17 institutions; reporting to credit bureaus; interest 168.18 charging, income withholding, and contempt proceedings; and 168.19 other enforcement methods allowed by law. 168.20 5. PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 168.21 Unless otherwise provided by the court: 168.22 (a) Each party has the right of access to, and to receive 168.23 copies of, school, medical, dental, religious training, and 168.24 other important records and information about the minor 168.25 children. Each party has the right of access to 168.26 information regarding health or dental insurance available 168.27 to the minor children. Presentation of a copy of this 168.28 order to the custodian of a record or other information 168.29 about the minor children constitutes sufficient 168.30 authorization for the release of the record or information 168.31 to the requesting party. 168.32 (b) Each party must keep the other informed as to the name 168.33 and address of the school of attendance of the minor 168.34 children. Each party has the right to be informed by 168.35 school officials about the children's welfare, educational 168.36 progress and status, and to attend school and parent 169.1 teacher conferences. The school is not required to hold a 169.2 separate conference for each party. 169.3 (c) In case of an accident or serious illness of a minor 169.4 child, each party must notify the other party of the 169.5 accident or illness, and the name of the health care 169.6 provider and the place of treatment. 169.7 (d) Each party has the right of reasonable access and 169.8 telephone contact with the minor children. 169.9 6. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 169.10 Child support and/or spousal maintenance may be withheld 169.11 from income, with or without notice to the person obligated 169.12 to pay, when the conditions of Minnesota Statutes, sections 169.13 517C.52 to 517C.62, have been met. A copy of those 169.14 sections is available from any district court clerk. 169.15 7. CHANGE OF ADDRESS OR RESIDENCE 169.16 Unless otherwise ordered, each party must notify the other 169.17 party, the court, and the public authority responsible for 169.18 collection, if applicable, of the following information 169.19 within ten days of any change: the residential and mailing 169.20 address, telephone number, driver's license number, social 169.21 security number, and name, address, and telephone number of 169.22 the employer. 169.23 8. COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 169.24 Child support and/or spousal maintenance may be adjusted 169.25 every two years based upon a change in the cost of living 169.26 (using Department of Labor Consumer Price Index .........., 169.27 unless otherwise specified in this order) when the 169.28 conditions of Minnesota Statutes, section 517C.31, are met. 169.29 Cost-of-living increases are compounded. A copy of 169.30 Minnesota Statutes, section 517C.31, and forms necessary to 169.31 request or contest a cost-of-living increase are available 169.32 from any district court clerk. 169.33 9. JUDGMENTS FOR UNPAID SUPPORT 169.34 If a person fails to make a child support payment, the 169.35 payment owed becomes a judgment against the person 169.36 responsible to make the payment by operation of law on or 170.1 after the date the payment is due, and the person entitled 170.2 to receive the payment or the public agency may obtain 170.3 entry and docketing of the judgment WITHOUT NOTICE to the 170.4 person responsible to make the payment under Minnesota 170.5 Statutes, section 548.091. Interest begins to accrue on a 170.6 payment or installment of child support whenever the unpaid 170.7 amount due is greater than the current support due, 170.8 according to Minnesota Statutes, section 548.091, 170.9 subdivision 1a. 170.10 10. JUDGMENTS FOR UNPAID SPOUSAL MAINTENANCE 170.11 A judgment for unpaid spousal maintenance may be entered 170.12 when the conditions of Minnesota Statutes, section 548.091, 170.13 are met. A copy of that section is available from any 170.14 district court clerk. 170.15 11. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 170.16 SUPPORT 170.17 A judgment for attorney fees and other collection costs 170.18 incurred in enforcing a child support order will be entered 170.19 against the person responsible to pay support when the 170.20 conditions of Minnesota Statutes, section 517C.84, are 170.21 met. A copy of Minnesota Statutes, section 517C.84, and 170.22 forms necessary to request or contest these attorney fees 170.23 and collection costs are available from any district court 170.24 clerk. 170.25 12. PARENTING TIME EXPEDITOR PROCESS 170.26 On request of either party or on its own motion, the court 170.27 may appoint a parenting time expeditor to resolve parenting 170.28 time disputes under Minnesota Statutes, section 517B.28. A 170.29 copy of that section and a description of the expeditor 170.30 process is available from any district court clerk. 170.31 13. PARENTING TIME REMEDIES AND PENALTIES 170.32 Remedies and penalties for the wrongful denial of parenting 170.33 time are available under Minnesota Statutes, section 170.34 517B.27, subdivision 7. These include compensatory 170.35 parenting time, civil penalties, bond requirements, 170.36 contempt, and reversal of custody. A copy of that 171.1 subdivision and forms for requesting relief are available 171.2 from any district court clerk. 171.3 Sec. 76. [INSTRUCTION TO REVISOR.] 171.4 The revisor of statutes must correct internal 171.5 cross-references to sections that are now in Minnesota Statutes, 171.6 chapter 517C, throughout Minnesota Statutes and Minnesota Rules. 171.7 Sec. 77. [REPEALER.] 171.8 Minnesota Statutes 2000, sections 518.111; 518.171, 171.9 subdivisions 2, 2a, 3, 7, 9, and 10; 518.255; 518.54, 171.10 subdivisions 2, 4a, 13, and 14; 518.551, subdivisions 5a, 5b, 171.11 5c, 5d, 5f, 6, 7, 9, 11, 12, 13, 13a, 14, and 15; 518.5513, 171.12 subdivisions 1, 2, 3, 4, and 6; 518.553; 518.57; 518.575, 171.13 subdivision 2; 518.585; 518.5851, subdivisions 1, 2, 3, 4, 5, 171.14 and 6; 518.5852; 518.5853, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 171.15 9, 10, and 11; 518.61; 518.6111, subdivisions 1, 2, 3, 4, 6, 7, 171.16 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18; 518.614; 518.615; 171.17 518.616; 518.617; and 518.618; Minnesota Statutes 2001 171.18 Supplement, sections 518.171, subdivisions 1, 4, 5, 6, and 8; 171.19 518.551, subdivisions 1, 5, and 5e; 518.5513, subdivision 5; 171.20 518.575, subdivision 1; 518.5851, subdivision 7; 518.5853, 171.21 subdivision 12; 518.6111, subdivisions 5 and 19; 518.6195; and 171.22 518.6196, are repealed. 171.23 Sec. 78. [EFFECTIVE DATE.] 171.24 This act is effective July 1, 2002.