HF 2595

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; reforming and recodifying the 
  1.3             law relating to marriage dissolution, child custody, 
  1.4             child support, maintenance, and property division; 
  1.5             making style and form changes; amending Minnesota 
  1.6             Statutes 2000, sections 518.002; 518.003, subdivisions 
  1.7             1, 3; 518.005; 518.01; 518.02; 518.03; 518.04; 518.05; 
  1.8             518.055; 518.06; 518.07; 518.09; 518.10; 518.11; 
  1.9             518.12; 518.13; 518.131, as amended; 518.14, 
  1.10            subdivision 1; 518.148; 518.156; 518.157, subdivisions 
  1.11            1, 2, 3, 5, 6; 518.158, subdivisions 2, 4; 518.165; 
  1.12            518.166; 518.167, subdivisions 3, 4, 5; 518.168; 
  1.13            518.1705, subdivision 6; 518.1751, subdivisions 2, 2a, 
  1.14            2b, 2c, 3; 518.176, as amended; 518.177; 518.178; 
  1.15            518.179, subdivision 1; 518.24; 518.25; 518.54, 
  1.16            subdivisions 1, 5, 6, 7, 8; 518.55, as amended; 
  1.17            518.552; 518.58; 518.581; 518.582; 518.619; 518.62; 
  1.18            518.64, subdivision 1; 518.641, as amended; 518.642; 
  1.19            518.646; 518.65; Minnesota Statutes 2001 Supplement, 
  1.20            sections 518.155; 518.175; 518.1751, subdivision 1b; 
  1.21            518.18; 518.612; 518.64, subdivision 2; proposing 
  1.22            coding for new law in Minnesota Statutes, chapter 518; 
  1.23            proposing coding for new law as Minnesota Statutes, 
  1.24            chapters 517B; 517C; repealing Minnesota Statutes 
  1.25            2000, sections 518.111; 518.17; 518.171, subdivisions 
  1.26            2, 2a, 3, 7, 9, 10; 518.185; 518.255; 518.54, 
  1.27            subdivisions 2, 4a, 13, 14; 518.551, subdivisions 5a, 
  1.28            5b, 5c, 5d, 5f, 6, 7, 9, 11, 12, 13, 13a, 14, 15; 
  1.29            518.5513, subdivisions 1, 2, 3, 4, 6; 518.553; 518.57; 
  1.30            518.575, subdivision 2; 518.585; 518.5851, 
  1.31            subdivisions 1, 2, 3, 4, 5, 6; 518.5852; 518.5853, 
  1.32            subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11; 
  1.33            518.61; 518.6111, subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 
  1.34            10, 11, 12, 13, 14, 15, 16, 17, 18; 518.614; 518.615; 
  1.35            518.616; 518.617; 518.618; 518.64, subdivisions 4, 4a, 
  1.36            5; Minnesota Statutes 2001 Supplement, sections 
  1.37            518.171, subdivisions 1, 4, 5, 6, 8; 518.551, 
  1.38            subdivisions 1, 5, 5e; 518.5513, subdivision 5; 
  1.39            518.575, subdivision 1; 518.5851, subdivision 7; 
  1.40            518.5853, subdivision 12; 518.6111, subdivisions 5, 
  1.41            19; 518.6195; 518.6196. 
  1.42  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.43                             ARTICLE 1 
  2.1        MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT 
  2.2      Section 1.  Minnesota Statutes 2000, section 518.002, is 
  2.3   amended to read: 
  2.4      518.002 [USE TERM DISSOLUTION MEANING OF DIVORCE.] 
  2.5      Wherever the word "Divorce" is, as used in the statutes, it 
  2.6   has the same meaning as "dissolution" or "dissolution of 
  2.7   marriage."  
  2.8      Sec. 2.  Minnesota Statutes 2000, section 518.003, 
  2.9   subdivision 1, is amended to read: 
  2.10     Subdivision 1.  [SCOPE.] For the purposes of The 
  2.11  definitions in this section apply to this chapter, the following 
  2.12  terms have the meanings provided in this section unless the 
  2.13  context clearly requires otherwise.  
  2.14     Sec. 3.  Minnesota Statutes 2000, section 518.005, is 
  2.15  amended to read: 
  2.16     518.005 [RULES GOVERNING PROCEEDINGS.] 
  2.17     Subdivision 1.  [APPLICABLE RULES.] Unless otherwise 
  2.18  specifically provided, the rules of civil procedure for the 
  2.19  district court apply to all proceedings under this chapter and 
  2.20  chapters 517B and 517C. 
  2.21     Subd. 2.  [TITLE.] A proceeding for dissolution of 
  2.22  marriage, legal separation, or annulment shall must be entitled 
  2.23  "In re the Marriage of .......... and .......... ."  A custody 
  2.24  or support proceeding shall be entitled "In re the (Custody) 
  2.25  (Support) of .......... ." 
  2.26     Subd. 3.  [NAMES OF PLEADINGS.] The initial pleading in all 
  2.27  proceedings under sections 518.002 to 518.66 shall this chapter 
  2.28  and chapters 517B and 517C must be denominated a petition.  A 
  2.29  responsive pleading shall must be denominated an answer.  Other 
  2.30  pleadings shall must be denominated as provided in the rules of 
  2.31  civil procedure. 
  2.32     Subd. 4.  [DECREE; JUDGMENT.] In sections 518.002 to 518.66 
  2.33  this chapter and chapters 517B and 517C, "decree" includes 
  2.34  "judgment." 
  2.35     Subd. 5.  [PROHIBITED DISCLOSURE.] In all proceedings under 
  2.36  this chapter and chapters 517B and 517C, in which public 
  3.1   assistance is assigned under section 256.741 or the public 
  3.2   authority provides services to a party or parties to the 
  3.3   proceedings, notwithstanding statutory or other authorization 
  3.4   for the public authority to release private data on the location 
  3.5   of a party to the action, information on the location of one 
  3.6   party may not be released by the public authority to the other 
  3.7   party if: 
  3.8      (1) the public authority has knowledge that a protective 
  3.9   order with respect to the other party has been entered; or 
  3.10     (2) the public authority has reason to believe that the 
  3.11  release of the information may result in physical or emotional 
  3.12  harm to the other party. 
  3.13     Subd. 6.  [REQUIRED NOTICE.] Every court order or judgment 
  3.14  and decree that provides for child support, spousal maintenance, 
  3.15  custody, or parenting time must contain the notices required by 
  3.16  section 517C.99. 
  3.17     Sec. 4.  Minnesota Statutes 2000, section 518.01, is 
  3.18  amended to read: 
  3.19     518.01 [VOID MARRIAGES.] 
  3.20     All marriages which are A marriage prohibited by section 
  3.21  517.03 shall be absolutely is void, without any decree of 
  3.22  dissolution or other legal proceedings; except if a person whose 
  3.23  husband or wife has been absent for four successive years, 
  3.24  without being known to the person to be living during that time, 
  3.25  marries during the lifetime of the absent husband or wife, the 
  3.26  marriage shall be is void only from the time that its nullity is 
  3.27  duly adjudged.  If the absentee is declared dead in accordance 
  3.28  with section 576.142, the subsequent marriage shall is not be 
  3.29  void. 
  3.30     Sec. 5.  Minnesota Statutes 2000, section 518.02, is 
  3.31  amended to read: 
  3.32     518.02 [VOIDABLE MARRIAGES.] 
  3.33     A marriage shall must be declared a nullity under the 
  3.34  following circumstances if: 
  3.35     (a) (1) a party lacked capacity to consent to the marriage 
  3.36  at the time the marriage was solemnized, either because of:  (i) 
  4.1   mental incapacity or infirmity and if the other party at the 
  4.2   time the marriage was solemnized did not know of the incapacity; 
  4.3   or because of (ii) the influence of alcohol, drugs, or other 
  4.4   incapacitating substances; or because (iii) consent of either 
  4.5   was having been obtained by force or fraud and there was with no 
  4.6   subsequent voluntary cohabitation of the parties; 
  4.7      (b) (2) a party lacks the physical capacity to consummate 
  4.8   the marriage by sexual intercourse and the other party at the 
  4.9   time the marriage was solemnized did not know of the incapacity; 
  4.10  or 
  4.11     (c) (3) a party was under the age for marriage established 
  4.12  by section 517.02. 
  4.13     Sec. 6.  Minnesota Statutes 2000, section 518.03, is 
  4.14  amended to read: 
  4.15     518.03 [ACTION TO ANNUL; DECREE.] 
  4.16     An annulment shall must be commenced and, the complaint 
  4.17  shall be filed, and proceedings had as in proceedings for 
  4.18  dissolution.  Upon due proof of the nullity of the marriage, 
  4.19  it shall must be adjudged null and void. 
  4.20     The provisions of sections 518.54 to 518.66 relating to 
  4.21  property rights of the spouses, maintenance, support, and 
  4.22  custody of children on dissolution of marriage are applicable to 
  4.23  proceedings for annulment. 
  4.24     Sec. 7.  Minnesota Statutes 2000, section 518.04, is 
  4.25  amended to read: 
  4.26     518.04 [INSUFFICIENT GROUNDS FOR ANNULMENT.] 
  4.27     No marriage shall may be adjudged a nullity on the ground 
  4.28  that one of the parties was under the age of legal consent if it 
  4.29  appears that the parties had voluntarily cohabited together as 
  4.30  husband and wife after having attained such that age; nor 
  4.31  shall.  The marriage of any an insane person must not be 
  4.32  adjudged void after restoration of the insane person to reason, 
  4.33  if it appears that the parties freely cohabited together as 
  4.34  husband and wife after such the restoration to reason.  
  4.35     Sec. 8.  Minnesota Statutes 2000, section 518.05, is 
  4.36  amended to read: 
  5.1      518.05 [ANNULMENT; WHEN TO BRING.] 
  5.2      An annulment may be sought by any of the following persons 
  5.3   and must be commenced within the times specified, but in no 
  5.4   event may an annulment be sought after the death of either party 
  5.5   to the marriage: 
  5.6      (a) For a reason set forth in (1) under section 518.02, 
  5.7   clause (a) (1), by either party or by the legal representative 
  5.8   of the party who lacked capacity to consent, no later than 90 
  5.9   days after the petitioner obtained knowledge of the described 
  5.10  condition; 
  5.11     (b) For the reason set forth in (2) under section 518.02, 
  5.12  clause (b) (2), by either party no later than one year after the 
  5.13  petitioner obtained knowledge of the described condition; 
  5.14     (c) For the reason set forth in (3) under section 518.02, 
  5.15  clause (c) (3), by the underaged party, or the party's parent or 
  5.16  guardian, before the time the underaged party reaches the age at 
  5.17  which the party could have married without satisfying the 
  5.18  omitted requirement. 
  5.19     Sec. 9.  Minnesota Statutes 2000, section 518.055, is 
  5.20  amended to read: 
  5.21     518.055 [PUTATIVE SPOUSE.] 
  5.22     Any person who has cohabited with another to whom the 
  5.23  person is not legally married in the good faith belief that the 
  5.24  person was married to the other is a putative spouse until 
  5.25  knowledge of the fact that the person is not legally married 
  5.26  terminates the status and prevents acquisition of further 
  5.27  rights.  A putative spouse acquires the rights conferred upon a 
  5.28  legal spouse, including the right to maintenance following 
  5.29  termination of the status, whether or not the marriage is 
  5.30  prohibited or declared a nullity.  If there is a legal spouse or 
  5.31  other putative spouses, rights acquired by a putative spouse do 
  5.32  not supersede the rights of the legal spouse or those acquired 
  5.33  by other putative spouses, but the court shall must apportion 
  5.34  property, maintenance, and support rights among the claimants as 
  5.35  appropriate in the circumstances and in the interests of justice.
  5.36     Sec. 10.  Minnesota Statutes 2000, section 518.06, is 
  6.1   amended to read: 
  6.2      518.06 [DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS; 
  6.3   UNCONTESTED LEGAL SEPARATION.] 
  6.4      Subdivision 1.  [MEANING AND EFFECT OF DECREES; GROUNDS.] A 
  6.5   dissolution of marriage is the termination of the marital 
  6.6   relationship between a husband and wife.  A decree of 
  6.7   dissolution completely terminates the marital status of both 
  6.8   parties.  A legal separation is a court determination of the 
  6.9   rights and responsibilities of a husband and wife arising out of 
  6.10  the marital relationship.  A decree of legal separation does not 
  6.11  terminate the marital status of the parties.  
  6.12     A dissolution of a marriage shall must be granted by a 
  6.13  county or district court when if the court finds that there has 
  6.14  been an irretrievable breakdown of the marriage relationship.  A 
  6.15  decree of legal separation shall must be granted when if the 
  6.16  court finds that one or both parties need a legal separation.  
  6.17     Defenses to divorce, dissolution and legal separation, 
  6.18  including, but not limited to, condonation, connivance, 
  6.19  collusion, recrimination, insanity, and lapse of time, are 
  6.20  abolished. 
  6.21     Subd. 3.  [UNCONTESTED LEGAL SEPARATION.] If one or both 
  6.22  parties petition for a decree of legal separation and neither 
  6.23  party contests the granting of the decree nor petitions for a 
  6.24  decree of dissolution, the court shall must grant a decree of 
  6.25  legal separation.  
  6.26     Sec. 11.  Minnesota Statutes 2000, section 518.07, is 
  6.27  amended to read: 
  6.28     518.07 [RESIDENCE OF PARTIES.] 
  6.29     No A dissolution shall must not be granted unless (1) one 
  6.30  of the parties has resided in this state, or has been a member 
  6.31  of the armed services stationed in this state, for not less than 
  6.32  at least 180 days immediately preceding the commencement of the 
  6.33  proceeding; or (2) one of the parties has been a domiciliary of 
  6.34  this state for not less than at least 180 days immediately 
  6.35  preceding commencement of the proceeding.  
  6.36     Sec. 12.  Minnesota Statutes 2000, section 518.09, is 
  7.1   amended to read: 
  7.2      518.09 [PROCEEDING; HOW AND WHERE BROUGHT; VENUE.] 
  7.3      A proceeding for dissolution or legal separation may be 
  7.4   brought by either or both spouses and shall be is commenced by 
  7.5   personal service of the summons and petition venued in the 
  7.6   county where either spouse resides.  If neither party resides in 
  7.7   the state and jurisdiction is based on the domicile of either 
  7.8   spouse party, the proceeding may be brought in the county where 
  7.9   either party is domiciled.  If neither party resides or is 
  7.10  domiciled in this state and jurisdiction is premised upon one of 
  7.11  the parties being a member of the armed services stationed in 
  7.12  this state for not less than 180 days immediately preceding the 
  7.13  commencement of the proceeding, the proceeding may be brought in 
  7.14  the county where the member is stationed.  This venue shall be 
  7.15  is subject to the court's power of the court to change the place 
  7.16  of hearing by consent of the parties, or when if it appears to 
  7.17  the court that an impartial hearing cannot be had in the county 
  7.18  where the proceedings are pending, or when if the convenience of 
  7.19  the parties or the ends of justice would be promoted by the 
  7.20  change.  No summons shall be is required if a joint petition is 
  7.21  filed. 
  7.22     Sec. 13.  Minnesota Statutes 2000, section 518.10, is 
  7.23  amended to read: 
  7.24     518.10 [REQUISITES OF PETITION.] 
  7.25     The A petition for dissolution of marriage or legal 
  7.26  separation shall must state and allege: 
  7.27     (a) (1) the name, address, and, in circumstances in which 
  7.28  child support or spousal maintenance will be addressed, social 
  7.29  security number of the petitioner and any prior or other name 
  7.30  used by the petitioner; 
  7.31     (b) (2) the name and, if known, the address and, in 
  7.32  circumstances in which child support or spousal maintenance will 
  7.33  be addressed, social security number of the respondent and any 
  7.34  prior or other name used by the respondent and known to the 
  7.35  petitioner; 
  7.36     (c) (3) the place and date of the marriage of the parties; 
  8.1      (d) (4) in the case of a petition for dissolution, that 
  8.2   either the petitioner or the respondent or both:  
  8.3      (1) (i) has resided in this state for not less than 180 
  8.4   days immediately preceding the commencement of the proceeding, 
  8.5   or; 
  8.6      (2) (ii) has been a member of the armed services and has 
  8.7   been stationed in this state for not less than 180 days 
  8.8   immediately preceding the commencement of the proceeding,; or 
  8.9      (3) (iii) has been a domiciliary of this state for not less 
  8.10  than 180 days immediately preceding the commencement of the 
  8.11  proceeding; 
  8.12     (e) (5) the name at the time of the petition and any prior 
  8.13  or other name, social security number, age, and date of birth of 
  8.14  each living minor or dependent child of the parties born before 
  8.15  the marriage or born or adopted during the marriage and a 
  8.16  reference to, and the expected date of birth of, a child of the 
  8.17  parties conceived during the marriage but not born; 
  8.18     (f) (6) whether or not a separate proceeding for 
  8.19  dissolution, legal separation, or custody is pending in a court 
  8.20  in this state or elsewhere; 
  8.21     (g) (7) in the case of a petition for dissolution, that 
  8.22  there has been an irretrievable breakdown of the marriage 
  8.23  relationship; 
  8.24     (h) (8) in the case of a petition for legal separation, 
  8.25  that there is a need for a decree of legal separation; 
  8.26     (i) (9) any temporary or permanent maintenance, child 
  8.27  support, child custody, disposition of property, attorneys' 
  8.28  fees, costs and disbursements applied for without setting forth 
  8.29  the amounts; and 
  8.30     (j) (10) whether an order for protection under chapter 518B 
  8.31  or a similar law of another state that governs the parties or a 
  8.32  party and a minor child of the parties is in effect and, if so, 
  8.33  the district court or similar jurisdiction in which it was 
  8.34  entered. 
  8.35     The petition shall must be verified by the petitioner or 
  8.36  petitioners, and its allegations established by competent 
  9.1   evidence. 
  9.2      Sec. 14.  Minnesota Statutes 2000, section 518.11, is 
  9.3   amended to read: 
  9.4      518.11 [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 
  9.5      (a) Unless a proceeding is brought by both parties, copies 
  9.6   of the summons and petition shall must be served on the 
  9.7   respondent personally.  
  9.8      (b) When Service is made out of this state and within the 
  9.9   United States, it may be proved by the affidavit of the person 
  9.10  making the same service.  When Service is made without 
  9.11  outside of the United States it may be proved by the affidavit 
  9.12  of the person making the same service, taken before and 
  9.13  certified by any United States minister, charge d'affaires, 
  9.14  commissioner, consul or commercial agent, or other consular or 
  9.15  diplomatic officer of the United States appointed to reside 
  9.16  in such the country, including all deputies a deputy or other 
  9.17  representatives representative of such the officer authorized to 
  9.18  perform their the officer's duties; or before an officer 
  9.19  authorized to administer an oath with the certificate of an 
  9.20  officer of a court of record of the country wherein such in 
  9.21  which the affidavit is taken as to the identity and authority of 
  9.22  the officer taking the same affidavit.  
  9.23     (c) If personal service cannot be made, the court may order 
  9.24  service of the summons by alternate means.  The application for 
  9.25  alternate service must include the last known location of the 
  9.26  respondent; the petitioner's most recent contacts with the 
  9.27  respondent; the last known location of the respondent's 
  9.28  employment; the names and locations of the respondent's parents, 
  9.29  siblings, children, and other close relatives; the names and 
  9.30  locations of other persons who are likely to know the 
  9.31  respondent's whereabouts; and a description of efforts to locate 
  9.32  those persons.  
  9.33     The court shall must consider the length of time the 
  9.34  respondent's location has been unknown, the likelihood that the 
  9.35  respondent's location will become known, the nature of the 
  9.36  relief sought, and the nature of efforts made to locate the 
 10.1   respondent.  The court shall must order service by first class 
 10.2   mail, forwarding address requested, to any addresses where there 
 10.3   is a reasonable possibility that mail or information will be 
 10.4   forwarded or communicated to the respondent or, if no address so 
 10.5   qualifies, then to the respondent's last known address.  
 10.6      If the petitioner seeks disposition of real estate located 
 10.7   within the state of in Minnesota, the court shall must order 
 10.8   that the summons, which shall must contain the legal description 
 10.9   of the real estate, be published in the county where the real 
 10.10  estate is located.  The court may also order publication, within 
 10.11  or without the state, but only if it might reasonably succeed in 
 10.12  notifying the respondent of the proceeding.  Also, the court may 
 10.13  require the petitioner to make efforts to locate the respondent 
 10.14  by telephone calls to appropriate persons.  Service shall be is 
 10.15  deemed complete 21 days after mailing or 21 days after 
 10.16  court-ordered publication. 
 10.17     Sec. 15.  Minnesota Statutes 2000, section 518.12, is 
 10.18  amended to read: 
 10.19     518.12 [TIME FOR ANSWERING.] 
 10.20     The respondent shall have has 30 days in which to answer 
 10.21  the petition.  In case of service by publication, the 30 
 10.22  days shall does not begin to run until the expiration of the 
 10.23  period allowed for publication.  In the case of a 
 10.24  counterpetition for dissolution or legal separation to a 
 10.25  petition for dissolution or legal separation, no answer shall be 
 10.26  is required to the counterpetition and the original 
 10.27  petitioner shall be is deemed to have denied each and every 
 10.28  statement, allegation, and claim in the counterpetition. 
 10.29     Sec. 16.  Minnesota Statutes 2000, section 518.13, is 
 10.30  amended to read: 
 10.31     518.13 [FAILURE TO ANSWER; FINDINGS; HEARING.] 
 10.32     Subdivision 1.  [DEFAULT.] If the respondent does not 
 10.33  appear after service duly made and proved, the court may hear 
 10.34  and determine the proceeding as a default matter. 
 10.35     Subd. 2.  [DISPUTE OVER IRRETRIEVABLE BREAKDOWN.] If one of 
 10.36  the parties has denied under oath or affirmation that the 
 11.1   marriage is irretrievably broken, the court shall must consider 
 11.2   all relevant factors, including the circumstances that gave rise 
 11.3   to the commencement of the proceeding and the prospect of 
 11.4   reconciliation, and shall make a finding whether the marriage is 
 11.5   irretrievably broken. 
 11.6      A finding of irretrievable breakdown under this subdivision 
 11.7   is a determination that there is no reasonable prospect of 
 11.8   reconciliation.  The finding must be supported by evidence that 
 11.9   (i) the parties have lived separate and apart for a period of 
 11.10  not less than 180 days immediately preceding the commencement of 
 11.11  the proceeding, or (ii) there is serious marital discord 
 11.12  adversely affecting the attitude of one or both of the parties 
 11.13  toward the marriage.  
 11.14     Subd. 3.  [AGREEMENT OVER IRRETRIEVABLE BREAKDOWN.] If both 
 11.15  parties by petition or otherwise have stated under oath or 
 11.16  affirmation that the marriage is irretrievably broken, or one of 
 11.17  the parties has so stated and the other has not denied it, the 
 11.18  court, after hearing, shall must make a finding that the 
 11.19  marriage is irretrievably broken.  
 11.20     Subd. 4.  [REFEREE; OPEN COURT.] The court or judge, upon 
 11.21  application, may refer the proceeding to a referee to take and 
 11.22  report the evidence therein.  Hearings for dissolution of 
 11.23  marriage shall must be heard in open court or before a referee 
 11.24  appointed by the court to receive the testimony of the 
 11.25  witnesses, or depositions taken as in other equitable actions.  
 11.26  However, the court may in its discretion close the hearing.  
 11.27     Subd. 5.  [APPROVAL WITHOUT HEARING.] Proposed findings of 
 11.28  fact, conclusions of law, order for judgment, and judgment and 
 11.29  decree must be submitted to the court for approval and filing 
 11.30  without a final hearing in the following situations: 
 11.31     (1) if there are no minor children of the marriage, and (i) 
 11.32  the parties have entered into a written stipulation, or (ii) the 
 11.33  respondent has not appeared after service duly made and proved 
 11.34  by affidavit and at least 20 days have elapsed since the time 
 11.35  for answering under section 518.12 expired; or 
 11.36     (2) if there are minor children of the marriage, the 
 12.1   parties have signed and acknowledged a stipulation, and all 
 12.2   parties are represented by counsel. 
 12.3      Notwithstanding clause (1) or (2), the court shall must 
 12.4   schedule the matter for hearing in any case where if the 
 12.5   proposed judgment and decree does not appear to be in the best 
 12.6   interests of the minor children or is contrary to the interests 
 12.7   of justice. 
 12.8      Sec. 17.  Minnesota Statutes 2000, section 518.131, as 
 12.9   amended by Laws 2001, chapters 51, section 1, and 7, section 85, 
 12.10  is amended to read: 
 12.11     518.131 [TEMPORARY ORDERS AND RESTRAINING ORDERS.] 
 12.12     Subdivision 1.  [PERMISSIBLE ORDERS.] In a proceeding 
 12.13  brought for custody, dissolution, or legal separation, or for 
 12.14  disposition of property, or maintenance, or child support 
 12.15  following the dissolution of a marriage, either party may, by 
 12.16  motion, request from the court and the court may grant a 
 12.17  temporary order pending the final disposition of the proceeding 
 12.18  to or for:  
 12.19     (a) (1) temporary custody and parenting time regarding the 
 12.20  minor children of the parties; 
 12.21     (b) (2) temporary maintenance of either spouse; 
 12.22     (c) temporary child support for the children of the 
 12.23  parties; 
 12.24     (d) (3) temporary costs and reasonable attorney fees; 
 12.25     (e) award the (4) temporary use and possession, exclusive 
 12.26  or otherwise, of the family home, furniture, household goods, 
 12.27  automobiles, and other property of the parties; 
 12.28     (f) (5) restrain one or both parties from transferring, 
 12.29  encumbering, concealing, or disposing of property except in the 
 12.30  usual course of business or for the necessities of life, and to 
 12.31  account to the court for all such transfers, encumbrances, 
 12.32  dispositions, and expenditures made after the order is served or 
 12.33  communicated to the party restrained in open court; 
 12.34     (g) (6) restrain one or both parties from harassing, 
 12.35  vilifying, mistreating, molesting, disturbing the peace, or 
 12.36  restraining the liberty of the other party or the children of 
 13.1   the parties; 
 13.2      (h) (7) restrain one or both parties from removing any 
 13.3   minor child of the parties from the jurisdiction of the court; 
 13.4      (i) (8) exclude a party from the family home of the parties 
 13.5   or from the home of the other party; and 
 13.6      (j) (9) require one or both of the parties to perform or to 
 13.7   not perform such additional acts as that will facilitate the 
 13.8   just and speedy disposition of the proceeding, or will protect 
 13.9   the parties or their children from physical or emotional harm.  
 13.10     Subd. 2.  [IMPERMISSIBLE ORDERS.] No A temporary order 
 13.11  shall must not: 
 13.12     (a) (1) deny parenting time to a parent unless the court 
 13.13  finds that the parenting time is likely to cause physical or 
 13.14  emotional harm to the child; 
 13.15     (b) (2) exclude a party from the family home of the parties 
 13.16  unless the court finds that physical or emotional harm to one of 
 13.17  the parties or to the children of the parties is likely to 
 13.18  result, or that the exclusion is reasonable in the 
 13.19  circumstances; or 
 13.20     (c) (3) vacate or modify an order granted under section 
 13.21  518B.01, subdivision 6, paragraph (a), clause (1), restraining 
 13.22  an abusing party from committing acts of domestic abuse, except 
 13.23  that the court may hear a motion for modification of an order 
 13.24  for protection concurrently with a proceeding for dissolution of 
 13.25  marriage upon notice of motion and motion.  The notice required 
 13.26  by court rule shall must not be waived.  If the proceedings are 
 13.27  consolidated and the motion to modify is granted, a separate 
 13.28  order for modification of an order for protection shall must be 
 13.29  issued. 
 13.30     Subd. 3.  [EX PARTE RESTRAINING ORDER; LIMITATIONS.] A 
 13.31  party may request and the court may make an ex parte restraining 
 13.32  order which may include that includes any matter that may be 
 13.33  included in a temporary order except it may not:  
 13.34     (a) A restraining order may not (1) exclude either party 
 13.35  from the family home of the parties except upon a finding by the 
 13.36  court of immediate danger of physical harm to the other party or 
 14.1   the children of either party; and or 
 14.2      (b) A restraining order may not (2) deny parenting time to 
 14.3   either party or grant custody of the minor children to either 
 14.4   party except upon a finding by the court of immediate danger of 
 14.5   physical harm to the minor children of the parties.  
 14.6      Subd. 4.  [HEARING ON RESTRAINING ORDER; DURATION.] A 
 14.7   restraining orders shall order must be personally served upon 
 14.8   the party to be restrained and shall be accompanied along with a 
 14.9   notice of the time and place of hearing for disposition of the 
 14.10  matters contained in the restraining order at a hearing for a 
 14.11  temporary order.  When If a restraining order has been issued, a 
 14.12  hearing on the temporary order shall must be held at the 
 14.13  earliest practicable date.  The restrained party may upon 
 14.14  written notice to the other party advance the hearing date to a 
 14.15  time earlier than that noticed by the other party.  The 
 14.16  restraining order shall continue continues in full force and 
 14.17  effect only until the hearing time noticed, unless the court, 
 14.18  for good cause and upon notice, extends the time for hearing.  
 14.19     Subd. 5.  [DURATION OF TEMPORARY ORDER.] A temporary order 
 14.20  shall continue continues in full force and effect until the 
 14.21  earlier of its amendment or vacation, dismissal of the main 
 14.22  action, or entry of a final decree of dissolution or legal 
 14.23  separation.  
 14.24     Subd. 6.  [EFFECT OF DISMISSAL OF MAIN ACTION.] If a 
 14.25  proceeding for dissolution or legal separation is dismissed, a 
 14.26  temporary custody order is vacated unless one of the parties or 
 14.27  the child's custodian moves that the proceeding continue as a 
 14.28  custody proceeding and the court finds, after a hearing, that 
 14.29  the circumstances of the parties and the best interests of the 
 14.30  child require that a custody order be issued.  
 14.31     Subd. 7.  [GUIDING FACTORS.] The court shall must be guided 
 14.32  by the factors set forth in sections 518.551 (concerning child 
 14.33  support), 518.552 (concerning maintenance), 518.17 to 518.175 
 14.34  (concerning custody and parenting time), and 518.14 (concerning 
 14.35  costs and attorney fees) in making temporary orders and 
 14.36  restraining orders. 
 15.1      Subd. 8.  [BASIS FOR ORDER.] Temporary orders shall must be 
 15.2   made solely on the basis of affidavits and argument of counsel 
 15.3   except upon demand by either party in a motion or responsive 
 15.4   motion made within the time limit for making and filing a 
 15.5   responsive motion that the matter be heard on oral testimony 
 15.6   before the court, or if the court in its discretion orders the 
 15.7   taking of oral testimony. 
 15.8      Subd. 9.  [PREJUDICIAL EFFECT, REVOCATION; MODIFICATION.] A 
 15.9   temporary order or restraining order:  
 15.10     (a) Shall (1) must not prejudice the rights of the parties 
 15.11  or the child which are to be adjudicated at subsequent hearings 
 15.12  in the proceeding; and 
 15.13     (b) (2) may be revoked or modified by the court before the 
 15.14  final disposition of the proceeding upon the same grounds and 
 15.15  subject to the same requirements as the initial granting of the 
 15.16  order.  
 15.17     Subd. 10.  [MISDEMEANOR.] In addition to being punishable 
 15.18  by contempt, a violation of a provision of a temporary order or 
 15.19  restraining order granting the relief authorized in subdivision 
 15.20  1, clause (g) (6), (h) (7), or (i) (8), is a misdemeanor. 
 15.21     Subd. 11.  [TEMPORARY SUPPORT AND MAINTENANCE.] Temporary 
 15.22  support and maintenance may be ordered during the time a 
 15.23  parenting plan is being developed under section 518.1705. 
 15.24     Sec. 18.  Minnesota Statutes 2000, section 518.14, 
 15.25  subdivision 1, is amended to read: 
 15.26     Subdivision 1.  [GENERAL.] (a) Except as provided in 
 15.27  subdivision 2, in a proceeding under this chapter or chapter 
 15.28  517B or 517C, the court shall must award attorney fees, costs, 
 15.29  and disbursements in an amount necessary to enable a party to 
 15.30  carry on or contest the proceeding, provided if it finds that: 
 15.31     (1) that the fees are necessary for the good-faith 
 15.32  assertion of the party's rights in the proceeding and will not 
 15.33  contribute unnecessarily to the length and expense of the 
 15.34  proceeding; 
 15.35     (2) that the party from whom fees, costs, and disbursements 
 15.36  are sought has the means to pay them; and 
 16.1      (3) that the party to whom fees, costs, and disbursements 
 16.2   are awarded does not have the means to pay them. 
 16.3      (b) Nothing in this section precludes the court from 
 16.4   awarding, in its discretion, additional fees, costs, and 
 16.5   disbursements against a party who unreasonably contributes to 
 16.6   the length or expense of the proceeding.  Fees, costs, and 
 16.7   disbursements provided for in this section may be awarded at any 
 16.8   point in the proceeding, including a modification proceeding 
 16.9   under sections 518.18 and 518.64.  The court may adjudge costs 
 16.10  and disbursements against either party.  The court may authorize 
 16.11  the collection of money awarded by execution, or out of property 
 16.12  sequestered, or in any other manner within the power of the 
 16.13  court.  An award of attorney's fees made by the court during the 
 16.14  pendency of the proceeding or in the final judgment survives the 
 16.15  proceeding and if not paid by the party directed to pay the same 
 16.16  them may be enforced as above provided in the manner provided in 
 16.17  this paragraph or by a separate civil action brought in the 
 16.18  attorney's own name.  If the proceeding is dismissed or 
 16.19  abandoned prior to determination and award of attorney's fees, 
 16.20  the court may nevertheless award attorney's fees upon the 
 16.21  attorney's motion.  The award shall also survive survives the 
 16.22  proceeding and may be enforced in the same manner as last above 
 16.23  provided in this paragraph. 
 16.24     Sec. 19.  Minnesota Statutes 2000, section 518.148, is 
 16.25  amended to read: 
 16.26     518.148 [CERTIFICATION OF DISSOLUTION.] 
 16.27     Subdivision 1.  [CERTIFICATE OF DISSOLUTION.] An attorney 
 16.28  or pro se party may prepare and submit to the court a separate 
 16.29  certificate of dissolution to be attached to the judgment and 
 16.30  decree at the time of granting the dissolution of marriage.  
 16.31  Upon approval by the court and filing of the certificate of 
 16.32  dissolution with the court administrator, the court 
 16.33  administrator shall must provide to any party upon request 
 16.34  certified copies of the certificate of dissolution. 
 16.35     Subd. 2.  [REQUIRED INFORMATION.] The certificate shall 
 16.36  must include the following information: 
 17.1      (1) the full caption and file number of the case and the 
 17.2   title "Certificate of Dissolution"; 
 17.3      (2) the names and any prior or other names of the parties 
 17.4   to the dissolution; 
 17.5      (3) the names of any living minor or dependent children as 
 17.6   identified in the judgment and decree; 
 17.7      (4) that the marriage of the parties is dissolved; 
 17.8      (5) the date of the judgment and decree; and 
 17.9      (6) the social security number of the parties to the 
 17.10  dissolution and the social security number of any living minor 
 17.11  or dependent children identified in the judgment and decree. 
 17.12     Subd. 3.  [CERTIFICATION.] The certificate of 
 17.13  dissolution shall be is conclusive evidence of the facts recited 
 17.14  in the certificate. 
 17.15     Sec. 20.  Minnesota Statutes 2000, section 518.24, is 
 17.16  amended to read: 
 17.17     518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 
 17.18     In all cases when If maintenance or support payments are 
 17.19  ordered, the court may require sufficient security to be given 
 17.20  for the payment of them according to the terms of the order.  
 17.21  Upon neglect or refusal to give security, or upon failure to pay 
 17.22  the maintenance or support, the court may sequester the 
 17.23  obligor's personal estate and the rents and profits of real 
 17.24  estate of the obligor, and appoint a receiver of them.  The 
 17.25  court may cause the personal estate and the rents and profits of 
 17.26  the real estate to be applied according to the terms of the 
 17.27  order.  The obligor is presumed to have an income from a source 
 17.28  sufficient to pay the maintenance or support order.  A child 
 17.29  support or maintenance order constitutes prima facie evidence 
 17.30  that the obligor has the ability to pay the award.  If the 
 17.31  obligor disobeys the order, it is prima facie evidence of 
 17.32  contempt.  The court may cite the obligor for contempt under 
 17.33  this section, section 518.617, or chapter 588. 
 17.34     Sec. 21.  Minnesota Statutes 2000, section 518.25, is 
 17.35  amended to read: 
 17.36     518.25 [REMARRIAGE; REVOCATION.] 
 18.1      When a dissolution has been granted, and the parties 
 18.2   afterward intermarry If two people remarry each other after 
 18.3   dissolution of their prior marriage, the court, upon their joint 
 18.4   application, and upon satisfactory proof of such the marriage, 
 18.5   may revoke all decrees and orders of dissolution, maintenance, 
 18.6   and subsistence which will that do not affect the rights of 
 18.7   third persons. 
 18.8      Sec. 22.  Minnesota Statutes 2000, section 518.54, 
 18.9   subdivision 1, is amended to read: 
 18.10     Subdivision 1.  [TERMS SCOPE.] For the purposes of sections 
 18.11  518.54 to 518.66, the terms defined The definitions in this 
 18.12  section shall have the meanings respectively ascribed to 
 18.13  them apply to sections 517A.30 to 517A.46. 
 18.14     Sec. 23.  Minnesota Statutes 2000, section 518.54, 
 18.15  subdivision 5, is amended to read: 
 18.16     Subd. 5.  [MARITAL PROPERTY; EXCEPTIONS.] "Marital 
 18.17  property" means property, real or personal property, including 
 18.18  vested public or private pension plan benefits or rights, 
 18.19  acquired by one or both of the parties, or either of them, to a 
 18.20  dissolution, legal separation, or annulment proceeding at any 
 18.21  time during the existence of the marriage relation between them, 
 18.22  or at any time during which the parties were living together as 
 18.23  husband and wife under a purported marriage relationship which 
 18.24  is annulled in an annulment proceeding, but prior to the date of 
 18.25  valuation under section 518.58, subdivision 1.  All property 
 18.26  acquired by either spouse subsequent to the marriage and before 
 18.27  the valuation date is presumed to be marital property regardless 
 18.28  of whether title is held individually or by the spouses in a 
 18.29  form of coownership such as joint tenancy, tenancy in common, 
 18.30  tenancy by the entirety, or community property.  Each 
 18.31  spouse shall be is deemed to have a common ownership in marital 
 18.32  property that vests not later than the time of the entry of the 
 18.33  decree in a proceeding for dissolution or annulment.  The extent 
 18.34  of the vested interest shall must be determined and made final 
 18.35  by the court pursuant to section 518.58.  If a title interest in 
 18.36  real property is held individually by only one spouse, the 
 19.1   interest in the real property of the nontitled spouse is not 
 19.2   subject to claims of creditors or judgment or tax liens until 
 19.3   the time of entry of the decree awarding an interest to the 
 19.4   nontitled spouse.  The presumption of marital property is 
 19.5   overcome by a showing that the property is nonmarital property. 
 19.6      "Nonmarital property" means property real or personal, 
 19.7   acquired by either spouse before, during, or after the existence 
 19.8   of their marriage, which: 
 19.9      (a) (1) is acquired as a gift, bequest, devise, or 
 19.10  inheritance made by a third party to one but not to the other 
 19.11  spouse; 
 19.12     (b) (2) is acquired before the marriage; 
 19.13     (c) (3) is acquired in exchange for or is the increase in 
 19.14  value of property which is described in clauses (a), (b), (d), 
 19.15  and (e) clause (1), (2), (4), or (5); 
 19.16     (d) (4) is acquired by a spouse after the valuation date; 
 19.17  or 
 19.18     (e) (5) is excluded by a valid antenuptial contract. 
 19.19     Sec. 24.  Minnesota Statutes 2000, section 518.54, 
 19.20  subdivision 6, is amended to read: 
 19.21     Subd. 6.  [INCOME.] "Income" means any form of periodic 
 19.22  payment to an individual including, but not limited to, wages, 
 19.23  salaries, payments to an independent contractor, workers' 
 19.24  compensation, unemployment benefits, and annuity, military and 
 19.25  or naval retirement, pension and or disability payments.  
 19.26  "Income" does not include benefits received under Title IV-A of 
 19.27  the Social Security Act and or chapter 256J are not income under 
 19.28  this section. 
 19.29     Sec. 25.  Minnesota Statutes 2000, section 518.54, 
 19.30  subdivision 7, is amended to read: 
 19.31     Subd. 7.  [OBLIGEE.] "Obligee" means a person to whom 
 19.32  payments for maintenance or support are owed.  
 19.33     Sec. 26.  Minnesota Statutes 2000, section 518.54, 
 19.34  subdivision 8, is amended to read: 
 19.35     Subd. 8.  [OBLIGOR.] "Obligor" means a person obligated to 
 19.36  pay maintenance or support.  A person who is designated as the 
 20.1   sole physical custodian of a child is presumed not to be an 
 20.2   obligor for purposes of calculating current support under 
 20.3   section 518.551 unless the court makes specific written findings 
 20.4   to overcome this presumption. 
 20.5      Sec. 27.  Minnesota Statutes 2000, section 518.55, as 
 20.6   amended by Laws 2001, chapter 51, section 12, is amended to read:
 20.7      518.55 [MAINTENANCE OR SUPPORT MONEY.] 
 20.8      Subdivision 1.  [CONTENTS OF ORDER.] Every award of 
 20.9   maintenance or support money in a judgment of dissolution or 
 20.10  legal separation shall must clearly designate whether the same 
 20.11  it is maintenance or support money, or what part of the award is 
 20.12  maintenance and what part is support money.  An award of 
 20.13  payments from future income or earnings of the parent with whom 
 20.14  the child resides is presumed to be maintenance and an award of 
 20.15  payments from the future income or earnings of the parent with 
 20.16  whom the child does not reside is presumed to be support money, 
 20.17  unless otherwise designated by the court.  In a judgment of 
 20.18  dissolution or legal separation the court may determine, as one 
 20.19  of the issues of the case, whether or not either spouse is 
 20.20  entitled to an award of maintenance notwithstanding that no 
 20.21  award is then made, or it may reserve jurisdiction of the issue 
 20.22  of maintenance for determination at a later date. 
 20.23     Subd. 3.  [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] Every 
 20.24  obligor shall must notify the obligee and the public authority 
 20.25  responsible for collection, if applicable, of a change of 
 20.26  address or residence within 60 days of the address or residence 
 20.27  change.  Every order for support or maintenance must contain a 
 20.28  conspicuous notice complying with section 518.68, subdivision 
 20.29  2.  The court may waive or modify the requirements of this 
 20.30  subdivision by order if necessary to protect the obligor from 
 20.31  contact by the obligee. 
 20.32     Subd. 4.  [DETERMINATION OF CONTROLLING ORDER.] The public 
 20.33  authority or a party may request the district court to determine 
 20.34  a controlling order in situations in which more than one order 
 20.35  involving the same obligor and child exists. 
 20.36     Sec. 28.  Minnesota Statutes 2000, section 518.552, is 
 21.1   amended to read: 
 21.2      518.552 [MAINTENANCE.] 
 21.3      Subdivision 1.  [JURISDICTION; GROUNDS.] In a proceeding 
 21.4   for dissolution of marriage or legal separation, or in a 
 21.5   proceeding for maintenance following dissolution of the marriage 
 21.6   by a court which lacked personal jurisdiction over the absent 
 21.7   spouse and which has since acquired jurisdiction, the court may 
 21.8   grant a maintenance order for either spouse if it finds that the 
 21.9   spouse seeking maintenance: 
 21.10     (a) (1) lacks sufficient property, including marital 
 21.11  property apportioned to the spouse, to provide for reasonable 
 21.12  needs of the spouse considering the standard of living 
 21.13  established during the marriage, especially, but not limited to, 
 21.14  a period of training or education,; or 
 21.15     (b) (2) is unable to provide adequate self-support, after 
 21.16  considering the standard of living established during the 
 21.17  marriage and all relevant circumstances, through appropriate 
 21.18  employment,; or is the custodian of 
 21.19     (3) if a child whose resides with the spouse and the 
 21.20  child's condition or circumstances make it appropriate that 
 21.21  the custodian spouse not be required to seek employment outside 
 21.22  the home. 
 21.23     Subd. 2.  [AMOUNT; DURATION.] The maintenance order shall 
 21.24  must be in amounts and for periods of time, either temporary or 
 21.25  permanent, as that the court deems just, without regard to 
 21.26  marital misconduct, and after considering all relevant factors 
 21.27  including: 
 21.28     (a) (1) the financial resources of the party seeking 
 21.29  maintenance, including marital property apportioned to the 
 21.30  party, and the party's ability to meet needs independently, 
 21.31  including the extent to which a provision for support of a child 
 21.32  living with the party includes a sum for that party as custodian 
 21.33  caretaker; 
 21.34     (b) (2) the time necessary to acquire sufficient education 
 21.35  or training to enable the party seeking maintenance to find 
 21.36  appropriate employment, and the probability, given the party's 
 22.1   age and skills, of completing education or training and becoming 
 22.2   fully or partially self-supporting; 
 22.3      (c) (3) the standard of living established during the 
 22.4   marriage; 
 22.5      (d) (4) the duration of the marriage and, in the case of a 
 22.6   homemaker, the length of absence from employment and the extent 
 22.7   to which any education, skills, or experience have become 
 22.8   outmoded and earning capacity has become permanently diminished; 
 22.9      (e) (5) the loss of earnings, seniority, retirement 
 22.10  benefits, and other employment opportunities forgone by the 
 22.11  spouse seeking spousal maintenance; 
 22.12     (f) (6) the age, and the physical and emotional condition 
 22.13  of the spouse seeking maintenance; 
 22.14     (g) (7) the ability of the spouse from whom maintenance is 
 22.15  sought to meet needs while meeting those of the spouse seeking 
 22.16  maintenance; and 
 22.17     (h) (8) the contribution of each party in the acquisition, 
 22.18  preservation, depreciation, or appreciation in the amount or 
 22.19  value of the marital property, as well as the contribution of a 
 22.20  spouse as a homemaker or in furtherance of the other party's 
 22.21  employment or business. 
 22.22     Subd. 3.  [PERMANENCY OF AWARD.] Nothing in This section 
 22.23  shall must not be construed to favor a temporary award of 
 22.24  maintenance over a permanent award, where if the factors under 
 22.25  subdivision 2 justify a permanent award. 
 22.26     Where If there is some uncertainty as to the necessity of a 
 22.27  permanent award, the court shall must order a permanent award 
 22.28  leaving its order open for later modification. 
 22.29     Subd. 4.  [REOPENING MAINTENANCE AWARDS.] Section 518.145, 
 22.30  subdivision 2, applies to maintenance awards of spousal 
 22.31  maintenance. 
 22.32     Subd. 5.  [PRIVATE AGREEMENTS.] The parties may expressly 
 22.33  preclude or limit modification of maintenance through a 
 22.34  stipulation, if the court makes specific findings that the 
 22.35  stipulation is fair and, equitable, is and supported by 
 22.36  consideration described in the findings, and that full 
 23.1   disclosure of each party's financial circumstances has 
 23.2   occurred.  The stipulation must be made a part of the judgment 
 23.3   and decree. 
 23.4      Sec. 29.  Minnesota Statutes 2000, section 518.58, is 
 23.5   amended to read: 
 23.6      518.58 [DIVISION OF MARITAL PROPERTY.] 
 23.7      Subdivision 1.  [GENERAL.] Upon a dissolution of a 
 23.8   marriage, an annulment, or in a proceeding for disposition of 
 23.9   property following a dissolution of marriage by a court which 
 23.10  lacked personal jurisdiction over the absent spouse or lacked 
 23.11  jurisdiction to dispose of the property and which has since 
 23.12  acquired jurisdiction, the court shall must make a just and 
 23.13  equitable division of the marital property of the parties 
 23.14  without regard to marital misconduct, after making findings 
 23.15  regarding the division of the property.  The court shall must 
 23.16  base its findings on all relevant factors including the length 
 23.17  of the marriage, any prior marriage of a party, the age, health, 
 23.18  station, occupation, amount and sources of income, vocational 
 23.19  skills, employability, estate, liabilities, needs, opportunity 
 23.20  for future acquisition of capital assets, and income of each 
 23.21  party.  The court shall must also consider the contribution of 
 23.22  each in the acquisition, preservation, depreciation, or 
 23.23  appreciation in the amount or value of the marital property, as 
 23.24  well as the contribution of a spouse as a homemaker.  It shall 
 23.25  be is conclusively presumed that each spouse made a substantial 
 23.26  contribution to the acquisition of income and property while 
 23.27  they were living together as husband and wife.  The court may 
 23.28  also award to either spouse the household goods and furniture of 
 23.29  the parties, whether or not acquired during the marriage.  The 
 23.30  court shall must value marital assets for purposes of division 
 23.31  between the parties as of the day of the initially scheduled 
 23.32  prehearing settlement conference, unless a different date is 
 23.33  agreed upon by the parties, or unless the court makes specific 
 23.34  findings that another date of valuation is fair and equitable.  
 23.35  If there is a substantial change in value of an asset between 
 23.36  the date of valuation and the final distribution, the court may 
 24.1   adjust the valuation of that asset as necessary to effect an 
 24.2   equitable distribution.  
 24.3      Subd. 1a.  [TRANSFER, ENCUMBRANCE, CONCEALMENT, OR 
 24.4   DISPOSITION OF MARITAL ASSETS.] In contemplation of commencing 
 24.5   or during the pendency of a marriage dissolution, separation, or 
 24.6   annulment proceeding, or in contemplation of commencing a 
 24.7   marriage dissolution, separation, or annulment proceeding, each 
 24.8   party owes a fiduciary duty to the other for any profit or loss 
 24.9   derived by the party, without the consent of the other, from a 
 24.10  transaction or from any use by the party of the marital assets.  
 24.11  If the court finds that a party to a marriage, without consent 
 24.12  of the other party, has in contemplation of commencing, or 
 24.13  during the pendency of, the current dissolution, separation, or 
 24.14  annulment proceeding, transferred, encumbered, concealed, or 
 24.15  disposed of marital assets except in the usual course of 
 24.16  business or for the necessities of life, the court shall must 
 24.17  compensate the other party by placing both parties in the same 
 24.18  position that they would have been in had the transfer, 
 24.19  encumbrance, concealment, or disposal not occurred.  The burden 
 24.20  of proof under this subdivision is on the party claiming that 
 24.21  the other party transferred, encumbered, concealed, or disposed 
 24.22  of marital assets in contemplation of commencing or during the 
 24.23  pendency of the current dissolution, separation, or annulment 
 24.24  proceeding, without consent of the claiming party, and that the 
 24.25  transfer, encumbrance, concealment, or disposal was not in the 
 24.26  usual course of business or for the necessities of life.  In 
 24.27  compensating a party under this section, the court, in dividing 
 24.28  the marital property, may impute the entire value of an asset 
 24.29  and a fair return on the asset to the party who transferred, 
 24.30  encumbered, concealed, or disposed of it.  Use of a power of 
 24.31  attorney, or the absence of a restraining order against the 
 24.32  transfer, encumbrance, concealment, or disposal of marital 
 24.33  property is not available as a defense under this subdivision. 
 24.34     Subd. 2.  [AWARD OF NONMARITAL PROPERTY.] If the court 
 24.35  finds that either spouse's resources or property, including the 
 24.36  spouse's portion of the marital property as defined in section 
 25.1   518.54, subdivision 5, are so inadequate as to work an unfair 
 25.2   hardship, considering all relevant circumstances, the court may, 
 25.3   in addition to the marital property, apportion up to one-half of 
 25.4   the property otherwise excluded under section 518.54, 
 25.5   subdivision 5, clauses (a) to (d), to prevent the unfair 
 25.6   hardship.  If the court apportions property other than marital 
 25.7   property, it shall must make findings in support of the 
 25.8   apportionment.  The findings shall must be based on all relevant 
 25.9   factors including the length of the marriage, any prior marriage 
 25.10  of a party, the age, health, station, occupation, amount and 
 25.11  sources of income, vocational skills, employability, estate, 
 25.12  liabilities, needs, and opportunity for future acquisition of 
 25.13  capital assets and income of each party. 
 25.14     Subd. 3.  [SALE OR DISTRIBUTION WHILE PROCEEDING PENDING.] 
 25.15  (a) If the court finds that it is necessary to preserve the 
 25.16  marital assets of the parties, the court may order the sale of 
 25.17  the homestead of the parties or the sale of other marital 
 25.18  assets, as the individual circumstances may require, during the 
 25.19  pendency of a proceeding for a dissolution of marriage or an 
 25.20  annulment.  If the court orders a sale, it may further provide 
 25.21  for the disposition of the funds received from the sale during 
 25.22  the pendency of the proceeding. If liquid or readily liquidated 
 25.23  marital property other than property representing vested pension 
 25.24  benefits or rights is available, the court, so far as possible, 
 25.25  shall must divide the property representing vested pension 
 25.26  benefits or rights by the disposition of an equivalent amount of 
 25.27  the liquid or readily liquidated property.  
 25.28     (b) The court may order a partial distribution of marital 
 25.29  assets during the pendency of a proceeding for a dissolution of 
 25.30  marriage or an annulment for good cause shown or upon the 
 25.31  request of both parties, provided that as long as the court 
 25.32  shall fully protect protects the interests of the other party. 
 25.33     Subd. 4.  [PENSION PLANS.] (a) The division of marital 
 25.34  property that represents pension plan benefits or rights in the 
 25.35  form of future pension plan payments:  
 25.36     (1) is payable only to the extent of the amount of the 
 26.1   pension plan benefit payable under the terms of the plan; 
 26.2      (2) is not payable for a period that exceeds the time that 
 26.3   pension plan benefits are payable to the pension plan benefit 
 26.4   recipient; 
 26.5      (3) is not payable in a lump sum amount from pension plan 
 26.6   assets attributable in any fashion to a spouse with the status 
 26.7   of an active member, deferred retiree, or benefit recipient of a 
 26.8   pension plan; 
 26.9      (4) if the former spouse to whom the payments are to be 
 26.10  made dies prior to the end of the specified payment period with 
 26.11  the right to any remaining payments accruing to an estate or to 
 26.12  more than one survivor, is payable only to a trustee on behalf 
 26.13  of the estate or the group of survivors for subsequent 
 26.14  apportionment by the trustee; and 
 26.15     (5) in the case of public pension plan benefits or rights, 
 26.16  may not commence until the public plan member submits a valid 
 26.17  application for a public pension plan benefit and the benefit 
 26.18  becomes payable. 
 26.19     (b) The An individual retirement account plans plan 
 26.20  established under chapter 354B may provide in its plan document, 
 26.21  if published and made generally available, for an alternative 
 26.22  marital property division or distribution of individual 
 26.23  retirement account plan assets.  If an alternative division or 
 26.24  distribution procedure is provided, it applies in place of 
 26.25  paragraph (a), clause (5). 
 26.26     Sec. 30.  Minnesota Statutes 2000, section 518.581, is 
 26.27  amended to read: 
 26.28     518.581 [SURVIVING SPOUSE BENEFIT.] 
 26.29     Subdivision 1.  [AWARD OF BENEFIT.] If a current or former 
 26.30  employee's marriage is dissolved, the court may order the 
 26.31  employee, the employee's pension plan, or both, to pay amounts 
 26.32  as part of the division of pension rights that the court may 
 26.33  make under section 518.58, or as an award of maintenance in the 
 26.34  form of a percentage of periodic or other payments or in the 
 26.35  form of a fixed dollar amount.  The court may, as part of the 
 26.36  order, award a former spouse all or part of a survivor benefit 
 27.1   unless the plan does not allow by law the payment of a surviving 
 27.2   spouse benefit to a former spouse. 
 27.3      Subd. 2.  [PAYMENT OF FUNDS BY RETIREMENT PLAN.] (a) If the 
 27.4   court has ordered that a spouse has an interest in a pension 
 27.5   plan, the court may order the pension plan to withhold payment 
 27.6   of a refund upon termination of employment or lump sum 
 27.7   distribution to the extent of the spouse's interest in the plan, 
 27.8   or to provide survivor benefits ordered by the court.  
 27.9      (b) The court may not order the pension plan to:  
 27.10     (1) pay more than the equivalent of one surviving spouse 
 27.11  benefit, regardless of the number of spouses or former spouses 
 27.12  who may be sharing in a portion of the total benefit; 
 27.13     (2) pay surviving spouse benefits under circumstances where 
 27.14  the plan member does not have a right to elect surviving spouse 
 27.15  benefits; 
 27.16     (3) pay surviving spouse benefits to a former spouse if the 
 27.17  former spouse would not be eligible for benefits under the terms 
 27.18  of the plan; or 
 27.19     (4) order survivor benefits which, when combined with the 
 27.20  annuity or benefit payable to the pension plan member, exceed 
 27.21  the actuarial equivalent value of the normal retirement annuity 
 27.22  form, determined under the plan documents of the pension plan 
 27.23  then in effect and the actuarial assumptions then in effect for 
 27.24  calculating optional annuity forms by the pension plan or for 
 27.25  calculating the funding requirements of the pension plan if no 
 27.26  optional annuity forms are provided by the pension plan. 
 27.27     (c) If more than one spouse or former spouse is entitled to 
 27.28  a surviving spouse benefit, the pension plan shall must pay each 
 27.29  spouse a portion of the benefit based on the ratio of the number 
 27.30  of years the spouse was married to the plan member to the total 
 27.31  number of years the plan member was married to spouses who are 
 27.32  entitled to the benefit. 
 27.33     Subd. 3.  [NOTICE TO FORMER SPOUSE.] A pension plan 
 27.34  shall must notify a former spouse of an application by the 
 27.35  employee for a refund of pension benefits if the former spouse 
 27.36  has filed with the pension plan: 
 28.1      (1) a copy of the court order, including a withholding 
 28.2   order, determining the former spouse's rights; 
 28.3      (2) the name and last known address of the employee; and 
 28.4      (3) the name and address of the former spouse. 
 28.5      A pension plan shall must comply with an order, including a 
 28.6   withholding order, issued by a court having jurisdiction over 
 28.7   dissolution of marriage that is served on the pension plan, if 
 28.8   the order states the name, last known address of the payees, and 
 28.9   name and address of the former spouse, or if the names and 
 28.10  addresses are provided to the pension plan with service of the 
 28.11  order. 
 28.12     Subd. 4.  [DEFINITIONS.] For purposes of The definitions in 
 28.13  this subdivision apply to this section, the following terms have 
 28.14  the meanings given in this subdivision. 
 28.15     (a) "Current or former employee" or "employee" means an 
 28.16  individual who has an interest in a pension plan. 
 28.17     (b) "Surviving spouse benefit" means (1) a benefit a 
 28.18  surviving spouse may be eligible for under the laws and bylaws 
 28.19  of the pension plan if the employee dies before retirement, or 
 28.20  (2) a benefit selected for or available to a surviving spouse 
 28.21  under the laws and bylaws of the pension plan upon the death of 
 28.22  the employee after retirement. 
 28.23     Sec. 31.  Minnesota Statutes 2000, section 518.582, is 
 28.24  amended to read: 
 28.25     518.582 [PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.] 
 28.26     Subdivision 1.  [APPOINTMENT OF ACTUARY.] Each A court of 
 28.27  this state that has with jurisdiction to decide marriage 
 28.28  dissolution matters may appoint a qualified person experienced 
 28.29  in the valuation of pension benefits and rights to function as 
 28.30  an expert witness in valuing pension benefits or rights. 
 28.31     Subd. 2.  [STANDARDS.] (a) A court appointed actuary shall 
 28.32  must determine the present value of pension benefits or rights 
 28.33  that are marital property of the parties to the action: 
 28.34     (1) based on the applicable plan documents of the pension 
 28.35  plan and the applicable actuarial assumptions specified for use 
 28.36  in calculating optional annuity forms by the pension plan or for 
 29.1   funding the pension plan, if reasonable,; or 
 29.2      (2) as specified by the court.  
 29.3      (b) The court appointed actuary shall must report to the 
 29.4   court and to the parties the present value of the pension 
 29.5   benefits or rights that are marital property. 
 29.6      Subd. 3.  [COMPENSATION.] The court appointed actuary may 
 29.7   be compensated at a rate established by the court.  The 
 29.8   compensation of the court appointed actuary shall must be 
 29.9   allocated between the parties as the court directs. 
 29.10     Subd. 4.  [STIPULATION.] In lieu of valuing pension 
 29.11  benefits or rights through use of the court appointed actuary, 
 29.12  the parties may stipulate the present value of pension benefits 
 29.13  or rights that are marital property. 
 29.14     Sec. 32.  Minnesota Statutes 2000, section 518.62, is 
 29.15  amended to read: 
 29.16     518.62 [TEMPORARY ORDER; MAINTENANCE; HOMESTEAD.] 
 29.17     Temporary maintenance and temporary support may be awarded 
 29.18  as provided in section 518.131.  The court may also award to 
 29.19  either party to the proceeding, having due regard to all the 
 29.20  circumstances and the party awarded the custody of the children, 
 29.21  the right to the exclusive use of the household goods and 
 29.22  furniture of the parties pending the proceeding and the right to 
 29.23  the use of the homestead of the parties, exclusive or otherwise, 
 29.24  pending the proceeding.  The court may order either party to 
 29.25  remove from the homestead of the parties upon proper application 
 29.26  to the court for an order pending the proceeding.  
 29.27     Sec. 33.  Minnesota Statutes 2000, section 518.64, 
 29.28  subdivision 1, is amended to read: 
 29.29     Subdivision 1.  [AUTHORITY.] (a) After an order for 
 29.30  temporary or permanent maintenance or support money, temporary 
 29.31  or permanent, or for the appointment of trustees to receive 
 29.32  property awarded as maintenance or support money, the court may 
 29.33  from time to time, on motion of either of the parties, either 
 29.34  party or the public authority responsible for support 
 29.35  enforcement may move for modification.  A copy of which is a 
 29.36  motion by a party must be served on the public authority 
 30.1   responsible for child support enforcement if payments are made 
 30.2   through it, or on motion of the public authority responsible for 
 30.3   support enforcement,. 
 30.4      (b) The court may: 
 30.5      (1) modify the order respecting the amount of 
 30.6   maintenance or support money, and the its payment of it, and 
 30.7   also respecting the or appropriation and payment of the 
 30.8   principal and income of property held in trust,; and may 
 30.9      (2) make an order respecting these matters which it might 
 30.10  have made in the original proceeding, except as herein otherwise 
 30.11  provided subject to subdivisions 2 to 5.  
 30.12     (c) A party or the public authority also may bring a motion 
 30.13  for contempt of court if the obligor is in arrears in support or 
 30.14  maintenance payments. 
 30.15     Sec. 34.  Minnesota Statutes 2001 Supplement, section 
 30.16  518.64, subdivision 2, is amended to read: 
 30.17     Subd. 2.  [MODIFICATION.] (a) The terms of an order 
 30.18  respecting maintenance or support may be modified upon a showing 
 30.19  of one or more of the following:  (1) substantially increased or 
 30.20  decreased earnings of a party; (2) substantially increased or 
 30.21  decreased need of a party or the child or children that are the 
 30.22  subject of these proceedings; (3) receipt of assistance under 
 30.23  the AFDC program formerly codified under sections 256.72 to 
 30.24  256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 
 30.25  change in the cost of living for either party as measured by the 
 30.26  federal bureau of statistics, any of which makes the terms 
 30.27  unreasonable and unfair; (5) extraordinary medical expenses of 
 30.28  the child not provided for under section 518.171; or (6) the 
 30.29  addition of work-related or education-related child care 
 30.30  expenses of the obligee or a substantial increase or decrease in 
 30.31  existing work-related or education-related child care expenses.  
 30.32     On a motion to modify support, the needs of any child the 
 30.33  obligor has after the entry of the support order that is the 
 30.34  subject of a modification motion shall be considered as provided 
 30.35  by section 518.551, subdivision 5f. 
 30.36     (b) It is presumed that there has been a substantial change 
 31.1   in circumstances under paragraph (a) and the terms of a current 
 31.2   support order shall be rebuttably presumed to be unreasonable 
 31.3   and unfair if: 
 31.4      (1) the application of the child support guidelines in 
 31.5   section 518.551, subdivision 5, to the current circumstances of 
 31.6   the parties results in a calculated court order that is at least 
 31.7   20 percent and at least $50 per month higher or lower than the 
 31.8   current support order; 
 31.9      (2) the medical support provisions of the order established 
 31.10  under section 518.171 are not enforceable by the public 
 31.11  authority or the obligee; 
 31.12     (3) health coverage ordered under section 518.171 is not 
 31.13  available to the child for whom the order is established by the 
 31.14  parent ordered to provide; or 
 31.15     (4) the existing support obligation is in the form of a 
 31.16  statement of percentage and not a specific dollar amount.  
 31.17     (c) (b) On a motion for modification of maintenance, 
 31.18  including a motion for the extension of the duration of a 
 31.19  maintenance award, the court shall must apply, in addition to 
 31.20  all other relevant factors, the factors for an award of 
 31.21  maintenance under section 518.552 that exist at the time of the 
 31.22  motion.  On a motion for modification of support, the court:  
 31.23     (1) shall apply section 518.551, subdivision 5, and shall 
 31.24  not consider the financial circumstances of each party's spouse, 
 31.25  if any; and 
 31.26     (2) shall not consider compensation received by a party for 
 31.27  employment in excess of a 40-hour work week, provided that the 
 31.28  party demonstrates, and the court finds, that: 
 31.29     (i) the excess employment began after entry of the existing 
 31.30  support order; 
 31.31     (ii) the excess employment is voluntary and not a condition 
 31.32  of employment; 
 31.33     (iii) the excess employment is in the nature of additional, 
 31.34  part-time employment, or overtime employment compensable by the 
 31.35  hour or fractions of an hour; 
 31.36     (iv) the party's compensation structure has not been 
 32.1   changed for the purpose of affecting a support or maintenance 
 32.2   obligation; 
 32.3      (v) in the case of an obligor, current child support 
 32.4   payments are at least equal to the guidelines amount based on 
 32.5   income not excluded under this clause; and 
 32.6      (vi) in the case of an obligor who is in arrears in child 
 32.7   support payments to the obligee, any net income from excess 
 32.8   employment must be used to pay the arrearages until the 
 32.9   arrearages are paid in full. 
 32.10     (d) (c) A modification of support or maintenance, including 
 32.11  interest that accrued pursuant to section 548.091, may be made 
 32.12  retroactive only with respect to any period during which the 
 32.13  petitioning party has pending a motion for modification but only 
 32.14  from the date of service of notice of the motion on the 
 32.15  responding party and on the public authority if public 
 32.16  assistance is being furnished or the county attorney is the 
 32.17  attorney of record.  However, modification may be applied to an 
 32.18  earlier period if the court makes express findings that:  
 32.19     (1) the party seeking modification was precluded from 
 32.20  serving a motion by reason of a significant physical or mental 
 32.21  disability, a material misrepresentation of another party, or 
 32.22  fraud upon the court and that the party seeking modification, 
 32.23  when no longer precluded, promptly served a motion; 
 32.24     (2) the party seeking modification was a recipient of 
 32.25  federal Supplemental Security Income (SSI), Title II Older 
 32.26  Americans, Survivor's Disability Insurance (OASDI), other 
 32.27  disability benefits, or public assistance based upon need during 
 32.28  the period for which retroactive modification is sought; 
 32.29     (3) the order for which the party seeks amendment was 
 32.30  entered by default, the party shows good cause for not 
 32.31  appearing, and the record contains no factual evidence, or 
 32.32  clearly erroneous evidence regarding the individual obligor's 
 32.33  ability to pay; or 
 32.34     (4) the party seeking modification was institutionalized or 
 32.35  incarcerated for an offense other than nonsupport of a child 
 32.36  during the period for which retroactive modification is sought 
 33.1   and lacked the financial ability to pay the support ordered 
 33.2   during that time period.  In determining whether to allow the 
 33.3   retroactive modification, the court shall consider whether and 
 33.4   when a request was made to the public authority for support 
 33.5   modification.  
 33.6   The court may provide that a reduction in the amount allocated 
 33.7   for child care expenses based on a substantial decrease in the 
 33.8   expenses is effective as of the date the expenses decreased. 
 33.9      (e) (d) Except for an award of the right of occupancy of 
 33.10  the homestead, provided in under section 518.63, all divisions 
 33.11  of real and personal property provided by section 518.58 shall 
 33.12  be are final, and may be revoked or modified only where if the 
 33.13  court finds the existence of conditions that justify reopening a 
 33.14  judgment under the laws of this state, including motions under 
 33.15  section 518.145, subdivision 2.  The court may impose a lien or 
 33.16  charge on the divided property at any time while the property, 
 33.17  or subsequently acquired property, is owned by the parties or 
 33.18  either of them, for the payment of maintenance or support money, 
 33.19  or may sequester the property as is provided by under section 
 33.20  518.24. 
 33.21     (f) (e) The court need not hold an evidentiary hearing on a 
 33.22  motion for modification of maintenance or support. 
 33.23     (g) (f) Section 518.14 shall govern governs the award of 
 33.24  attorney fees for motions brought under this subdivision. 
 33.25     Sec. 35.  Minnesota Statutes 2000, section 518.641, as 
 33.26  amended by Laws 2001, First Special Session chapter 9, article 
 33.27  12, sections 15, 16, 17, 18, and 20, is amended to read: 
 33.28     518.641 [COST-OF-LIVING ADJUSTMENTS IN MAINTENANCE OR CHILD 
 33.29  SUPPORT ORDER.] 
 33.30     Subdivision 1.  [REQUIREMENT.] (a) An order establishing, 
 33.31  modifying, or enforcing maintenance or child support shall must 
 33.32  provide for a biennial adjustment in the amount to be paid based 
 33.33  on a change in the cost of living.  An order that provides for a 
 33.34  cost-of-living adjustment shall must specify the cost-of-living 
 33.35  index to be applied and the date on which the cost-of-living 
 33.36  adjustment shall become becomes effective.  The court may use 
 34.1   the consumer price index for all urban consumers, 
 34.2   Minneapolis-St. Paul (CPI-U), the consumer price index for wage 
 34.3   earners and clerical, Minneapolis-St. Paul (CPI-W), or another 
 34.4   cost-of-living index published by the department of labor which 
 34.5   it specifically finds is more appropriate.  Cost-of-living 
 34.6   increases under this section shall must be compounded.  The 
 34.7   court may also increase the amount by more than the 
 34.8   cost-of-living adjustment by agreement of the parties or by 
 34.9   making further findings.  
 34.10     (b) The adjustment becomes effective on the first of May of 
 34.11  the year in which it is made, for cases in which payment is made 
 34.12  to the public authority.  For cases in which payment is not made 
 34.13  to the public authority, application for an adjustment may be 
 34.14  made in any month but no application for an adjustment may be 
 34.15  made sooner than two years after the date of the dissolution 
 34.16  decree.  A court may waive the requirement of the cost-of-living 
 34.17  clause if it expressly finds that the obligor's occupation or 
 34.18  income, or both, does not provide for a cost-of-living 
 34.19  adjustment or that the order for maintenance or child support 
 34.20  has a provision such as a step increase that has the effect of a 
 34.21  cost-of-living clause.  The court may waive a cost-of-living 
 34.22  adjustment in a maintenance order if the parties so agree in 
 34.23  writing.  The commissioner of human services may promulgate 
 34.24  rules for child support adjustments under this section in 
 34.25  accordance with the rulemaking provisions of chapter 14.  Notice 
 34.26  of this statute must comply with section 518.68, subdivision 2. 
 34.27     Subd. 2.  [NOTICE.] No adjustment under this section may be 
 34.28  made unless the order provides for it and the notice provisions 
 34.29  of this subdivision are followed.  The public authority or the 
 34.30  obligee, if the obligee is requesting the cost-of-living 
 34.31  adjustment, sends must send notice of the intended adjustment to 
 34.32  the obligor at the obligor's last known address at least 20 days 
 34.33  before the effective date of the adjustment.  The notice shall 
 34.34  must inform the obligor of the date on which the adjustment will 
 34.35  become becomes effective and the procedures for contesting the 
 34.36  adjustment. 
 35.1      Subd. 2a.  [PROCEDURES FOR CONTESTING ADJUSTMENT.] (a) To 
 35.2   contest cost-of-living adjustments initiated by the public 
 35.3   authority or an obligee who has applied for or is receiving 
 35.4   child support and maintenance collection services from the 
 35.5   public authority, other than income withholding only services, 
 35.6   the obligor, before the effective date of the adjustment, must: 
 35.7      (1) file a motion contesting the cost-of-living adjustment 
 35.8   with the court administrator; and 
 35.9      (2) serve the motion by first-class mail on the public 
 35.10  authority and the obligee. 
 35.11  The hearing shall must take place in the expedited child 
 35.12  support process as governed by section 484.702. 
 35.13     (b) To contest cost-of-living adjustments initiated by an 
 35.14  obligee who is not receiving child support and maintenance 
 35.15  collection services from the public authority, or for by an 
 35.16  obligee who receives income withholding only services from the 
 35.17  public authority, the obligor must, before the effective date of 
 35.18  the adjustment: 
 35.19     (1) file a motion contesting the cost-of-living adjustment 
 35.20  with the court administrator; and 
 35.21     (2) serve the motion by first-class mail on the obligee. 
 35.22  The hearing shall must take place in district court. 
 35.23     (c) Upon receipt of a motion contesting the cost-of-living 
 35.24  adjustment, the cost-of-living adjustment shall must be stayed 
 35.25  pending further order of the court. 
 35.26     (d) The court administrator shall must make available pro 
 35.27  se motion forms for contesting a cost-of-living adjustment under 
 35.28  this subdivision. 
 35.29     Subd. 3.  [RESULT OF HEARING.] If, at a hearing pursuant to 
 35.30  this section, the obligor establishes an insufficient cost of 
 35.31  living or other increase in income that prevents fulfillment of 
 35.32  the adjusted maintenance or child support obligation, the court 
 35.33  or child support magistrate may direct that all or part of the 
 35.34  adjustment not take effect.  If, at the hearing, the obligor 
 35.35  does not establish this insufficient increase in income, the 
 35.36  adjustment shall must take effect as of the date it would have 
 36.1   become effective had no hearing been requested. 
 36.2      Sec. 36.  Minnesota Statutes 2000, section 518.642, is 
 36.3   amended to read: 
 36.4      518.642 [OVERPAYMENTS.] 
 36.5      If child support or maintenance is not assigned under 
 36.6   section 256.741, and an obligor has overpaid a child support or 
 36.7   maintenance obligation because of a modification or error in the 
 36.8   amount owed, the public authority shall must: 
 36.9      (1) apply the amount of the overpayment to reduce the 
 36.10  amount of any child support or maintenance-related arrearages or 
 36.11  debts owed to the obligee; and 
 36.12     (2) if an overpayment exists after the reduction of any 
 36.13  arrearage or debt, reduce the amount of the child 
 36.14  support maintenance remitted to the obligee by an amount no 
 36.15  greater than 20 percent of the current monthly support or 
 36.16  maintenance obligation and remit this amount to the obligor 
 36.17  until the overpayment is reduced to zero. 
 36.18     Sec. 37.  [518.643] [MAINTENANCE PAYMENT ENFORCEMENT.] 
 36.19     The enforcement requirements and procedures in sections 
 36.20  517C.35, subdivision 1, 517C.52 to 517C.62, 517C.64, 517C.72, 
 36.21  517C.74, 517C.75, 517C.76, 517C.78, and 517C.79, apply to 
 36.22  maintenance payments as well as child support obligations. 
 36.23     Sec. 38.  Minnesota Statutes 2000, section 518.646, is 
 36.24  amended to read: 
 36.25     518.646 [NOTICE OF ORDER.] 
 36.26     Whenever these laws require If a law requires service of a 
 36.27  court's order on an employer, union, or payor of funds, service 
 36.28  of a verified notice of order may be made in lieu thereof of the 
 36.29  order.  The verified notice shall must contain the title of the 
 36.30  action, the name of the court, the court file number, the date 
 36.31  of the court order, and shall recite the operative provisions of 
 36.32  the order. 
 36.33     Sec. 39.  Minnesota Statutes 2000, section 518.65, is 
 36.34  amended to read: 
 36.35     518.65 [PROPERTY; SALE, PARTITION.] 
 36.36     In order to effect a division or award of property as is 
 37.1   provided by under section 518.58, the court may order property 
 37.2   sold or partitioned.  Personal property may be ordered sold in 
 37.3   the manner directed by the court, and real estate may be 
 37.4   partitioned in the manner provided by Minnesota Statutes 1949, 
 37.5   chapter 558. 
 37.6      Sec. 40.  [INSTRUCTION TO REVISOR.] 
 37.7      The revisor of statutes must renumber the sections in 
 37.8   Minnesota Statutes 2000 listed in column A as indicated in 
 37.9   column B and correct cross-references to those sections 
 37.10  throughout Minnesota Statutes and Minnesota Rules. 
 37.11               A                 B 
 37.12            518.002              517A.02, subd. 5 
 37.13            518.003              517A.01 
 37.14            518.005              517A.02 
 37.15            518.01               517A.05 
 37.16            518.02               517A.08 
 37.17            518.03               517A.09 
 37.18            518.04               517A.10 
 37.19            518.05               517A.11 
 37.20            518.055              517A.12 
 37.21            518.06               517A.15 
 37.22            518.07               517A.16 
 37.23            518.09               517A.17 
 37.24            518.091              517A.18 
 37.25            518.10               517A.19 
 37.26            518.11               517A.20 
 37.27            518.12               517A.21 
 37.28            518.13               517A.22 
 37.29            518.131              517A.03 
 37.30            518.14               517A.04 
 37.31            518.145              517A.23 
 37.32            518.146              517A.24 
 37.33            518.148              517A.26 
 37.34            518.191              517A.27 
 37.35            518.195              517A.28 
 37.36            518.24               517A.29 
 38.1             518.25               517A.30 
 38.2             518.27               517A.31 
 38.3             518.54, subd. 1      517A.32, subd. 1 
 38.4             518.54, subd. 2a     517A.32, subd. 2 
 38.5             518.54, subd. 2b     517A.32, subd. 3 
 38.6             518.54, subd. 3      517A.32, subd. 4 
 38.7             518.54, subd. 4      517A.32, subd. 5 
 38.8             518.54, subd. 5      517A.32, subd. 6 
 38.9             518.54, subd. 6      517A.32, subd. 7 
 38.10            518.54, subd. 7      517A.32, subd. 8 
 38.11            518.54, subd. 8      517A.32, subd. 9 
 38.12            518.54, subd. 9      517A.32, subd. 10 
 38.13            518.54, subd. 10     517A.32, subd. 11 
 38.14            518.54, subd. 11     517A.32, subd. 12 
 38.15            518.54, subd. 12     517A.32, subd. 13 
 38.16            518.55               517A.34 
 38.17            518.552              517A.33 
 38.18            518.58               517A.35 
 38.19            518.581              517A.36 
 38.20            518.582              517A.37 
 38.21            518.583              517A.38 
 38.22            518.62               517A.40 
 38.23            518.63               517A.41 
 38.24            518.64               517A.42 
 38.25            518.641, subd. 1     517A.43, subd. 1 
 38.26            518.641, subd. 2     517A.43, subd. 2 
 38.27            518.641, subd. 2a    517A.43, subd. 2a
 38.28            518.641, subd. 3     517A.43, subd. 3 
 38.29            518.642              517A.44 
 38.30            518.646              517A.06 
 38.31            518.65               517A.46 
 38.32            518.68               517A.07 
 38.33     Sec. 41.  [REPEALER.] 
 38.34     Minnesota Statutes 2000, section 518.64, subdivisions 4, 
 38.35  4a, and 5, are repealed. 
 38.36                             ARTICLE 2
 39.1               CUSTODY, PARENTING TIME, AND VISITATION 
 39.2                               GENERAL 
 39.3      Section 1.  [517B.01] [DEFINITIONS.] 
 39.4      Subdivision 1.  [SCOPE.] The definitions in this section 
 39.5   apply to this chapter.  
 39.6      Sec. 2.  [517B.03] [TEMPORARY ORDERS RELATING TO CUSTODY 
 39.7   AND PARENTING TIME.] 
 39.8      (a) A temporary order for custody or parenting time may be 
 39.9   sought under section 517A.03.  
 39.10     (b) A party seeking a temporary custody order must submit 
 39.11  with moving papers an affidavit setting forth facts supporting 
 39.12  the requested order.  The party must give notice and a copy of 
 39.13  the affidavit to other parties to the proceeding, who may file 
 39.14  opposing affidavits. 
 39.15     Sec. 3.  [517B.04] [CUSTODY AND PARENTING TIME NOTICES.] 
 39.16     A court order or judgment and decree concerning custody of 
 39.17  or parenting time with a minor child must contain the notice set 
 39.18  out in section 517C.99, subdivision 3. 
 39.19     Sec. 4.  [517B.05] [ATTORNEY FEES, COSTS, AND 
 39.20  DISBURSEMENTS.] 
 39.21     Attorney fees, costs, and disbursements must be awarded in 
 39.22  a proceeding under this chapter as provided by section 517A.04. 
 39.23     Sec. 5.  [517B.17] [CUSTODY OF CHILDREN.] 
 39.24     Subdivision 1.  [CUSTODY ORDER.] Upon adjudging the nullity 
 39.25  of a marriage, in a dissolution or legal separation proceeding, 
 39.26  or in a child custody proceeding, the court must make a further 
 39.27  order as it deems just and proper concerning: 
 39.28     (1) the legal custody of each minor child of the parties, 
 39.29  which must be sole or joint; and 
 39.30     (2) their physical custody and residence. 
 39.31     Subd. 2.  [STANDARD; PREFERENCE PROHIBITED.] In determining 
 39.32  custody, the court must consider the best interests of the child 
 39.33  and must not prefer one parent over the other solely on the 
 39.34  basis of the sex of the parent. 
 39.35     Subd. 3.  [THE BEST INTERESTS OF THE CHILD; FACTORS.] "The 
 39.36  best interests of the child" means all relevant factors to be 
 40.1   considered and evaluated by the court including: 
 40.2      (1) the wishes of the child's parent or parents as to 
 40.3   custody; 
 40.4      (2) the reasonable preference of the child, if the court 
 40.5   deems the child to be of sufficient age to express a preference; 
 40.6      (3) the child's primary caretaker; 
 40.7      (4) the intimacy of the relationship between each parent 
 40.8   and the child; 
 40.9      (5) the interaction and interrelationship of the child with 
 40.10  a parent or parents, siblings, and any other person who may 
 40.11  significantly affect the child's best interests; 
 40.12     (6) the child's adjustment to home, school, and community; 
 40.13     (7) the length of time the child has lived in a stable, 
 40.14  satisfactory environment and the desirability of maintaining 
 40.15  continuity; 
 40.16     (8) the permanence, as a family unit, of the existing or 
 40.17  proposed home; 
 40.18     (9) the mental and physical health of all individuals 
 40.19  involved; except that a disability, as defined in section 
 40.20  363.01, of a parent or the child is not determinative of the 
 40.21  custody of the child, unless the proposed custodial arrangement 
 40.22  is not in the best interest of the child; 
 40.23     (10) the capacity and disposition of the parties to give 
 40.24  the child love, affection, and guidance, and to continue 
 40.25  educating and raising the child in the child's culture and 
 40.26  religion or creed, if any; 
 40.27     (11) the child's cultural background; 
 40.28     (12) the effect on the child of the actions of an abuser, 
 40.29  if related to domestic abuse, as defined in section 518B.01, 
 40.30  that has occurred between the parents or between a parent and 
 40.31  another individual, whether or not the individual alleged to 
 40.32  have committed domestic abuse is or ever was a family or 
 40.33  household member of the parent; 
 40.34     (13) except in cases in which a finding of domestic abuse 
 40.35  as defined in section 518B.01 has been made, the disposition of 
 40.36  each parent to encourage and permit frequent and continuing 
 41.1   contact by the other parent with the child; and 
 41.2      (14) evidence of a violation of section 609.507. 
 41.3      Subd. 4.  [BEST INTERESTS DETERMINATION.] The court must 
 41.4   make detailed findings on each of the factors in subdivision 3 
 41.5   and explain how the factors led to its conclusion and to the 
 41.6   determination of the best interests of the child.  In 
 41.7   determining the best interests of a child, the court may not use 
 41.8   one factor in subdivision 3 to the exclusion of all others.  The 
 41.9   primary caretaker factor may not be used as a presumption in 
 41.10  determining the best interests of the child.  The court may not 
 41.11  consider conduct of a parent that does not affect the parent's 
 41.12  relationship to the child. 
 41.13     Sec. 6.  [517B.18] [JOINT CUSTODY.] 
 41.14     Subdivision 1.  [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 
 41.15  addition to the factors listed in section 517B.17, if either 
 41.16  joint legal or joint physical custody is sought, the court must 
 41.17  consider the following relevant factors: 
 41.18     (1) the ability of parents to cooperate in the rearing of 
 41.19  their child; 
 41.20     (2) methods for resolving disputes regarding any major 
 41.21  decision concerning the life of the child, and the parents' 
 41.22  willingness to use those methods; 
 41.23     (3) whether it would be detrimental to the child if one 
 41.24  parent were to have sole authority over the child's upbringing; 
 41.25  and 
 41.26     (4) whether domestic abuse, as defined in section 518B.01, 
 41.27  has occurred between the parents. 
 41.28     Subd. 2.  [PRESUMPTIONS; FINDINGS.] (a) The court must use 
 41.29  a rebuttable presumption that upon request of either or both 
 41.30  parents, joint legal custody is in the best interests of the 
 41.31  child.  However, the court must use a rebuttable presumption 
 41.32  that joint legal or physical custody is not in the best 
 41.33  interests of the child if domestic abuse, as defined in section 
 41.34  518B.01, has occurred between the parents. 
 41.35     (b) If the court awards joint legal or physical custody 
 41.36  over the objection of a parent, the court must make detailed 
 42.1   findings on each of the factors in this section and explain how 
 42.2   the factors led to its determination that joint custody would be 
 42.3   in the best interests of the child. 
 42.4      Subd. 3.  [JOINT CUSTODY; SUPPORT GUIDELINES.] An award of 
 42.5   joint legal custody is not a reason for departure from the child 
 42.6   support guidelines in sections 517C.12 to 517C.16. 
 42.7      Sec. 7.  [517B.19] [CUSTODY; ACCESS RIGHTS OF PARENTS; 
 42.8   LIMITATIONS.] 
 42.9      Subdivision 1.  [ACCESS; LIMITATIONS.] (a) Whether sole or 
 42.10  joint legal custody is ordered, the court must grant the 
 42.11  following rights to each of the parties, unless specific 
 42.12  findings are made under section 517C.99, subdivision 1.  Each 
 42.13  party: 
 42.14     (1) has the right of access to, and to receive copies of, a 
 42.15  minor child's school, medical, dental, religious training, and 
 42.16  other important records and information; 
 42.17     (2) has the right of access to information regarding health 
 42.18  or dental insurance available to a minor child; 
 42.19     (3) must keep the other party informed as to the name and 
 42.20  address of the school a minor child attends; 
 42.21     (4) must notify the other party, in the case of an accident 
 42.22  or serious illness of a minor child, of the accident or illness, 
 42.23  and the name of the health care provider and the place of 
 42.24  treatment; and 
 42.25     (5) has the right to reasonable access and telephone 
 42.26  contact with a minor child. 
 42.27     (b) Each party has the right to be informed by school 
 42.28  officials about a child's welfare, educational progress and 
 42.29  status, and to attend school and parent-teacher conferences.  
 42.30  The school is not required to hold a separate conference for 
 42.31  each party. 
 42.32     (c) The court may waive any of the rights under this 
 42.33  subdivision if it finds it is necessary to protect the welfare 
 42.34  of a party or child. 
 42.35     Sec. 8.  Minnesota Statutes 2000, section 518.003, 
 42.36  subdivision 3, is amended to read: 
 43.1      Subd. 3.  [CUSTODY.] Unless otherwise agreed by the parties:
 43.2      (a) "Legal custody" means the right to determine the 
 43.3   child's upbringing, including education, health care, and 
 43.4   religious training.  
 43.5      (b) "Joint legal custody" means that both parents have 
 43.6   equal rights and responsibilities, including the right to 
 43.7   participate in major decisions determining the child's 
 43.8   upbringing, including education, health care, and religious 
 43.9   training.  
 43.10     (c) "Physical custody and residence" means the routine 
 43.11  daily care and control and the residence of the child.  
 43.12     (d) "Joint physical custody" means that the routine daily 
 43.13  care and control and the residence of the child is structured 
 43.14  between the parties.  
 43.15     (e) Wherever used in this chapter, the term "Custodial 
 43.16  parent" or "custodian" means the person who has the physical 
 43.17  custody of the child at any particular time.  
 43.18     (f) "Custody determination" means a court decision and 
 43.19  court orders and instructions providing for the custody of a 
 43.20  child, including parenting time, but does not include a decision 
 43.21  relating to child support or any other monetary obligation of 
 43.22  any person.  
 43.23     (g) "Custody proceeding" includes proceedings in which a 
 43.24  custody determination is one of several issues, such as an 
 43.25  action for dissolution, divorce, or separation, and includes 
 43.26  proceedings involving children who are in need of protection or 
 43.27  services, domestic abuse, and paternity. 
 43.28     Sec. 9.  Minnesota Statutes 2001 Supplement, section 
 43.29  518.155, is amended to read: 
 43.30     518.155 [CUSTODY DETERMINATIONS AND PARENTING TIME 
 43.31  JURISDICTION.] 
 43.32     Notwithstanding any law to the contrary, a court in which a 
 43.33  proceeding for dissolution, legal separation, or child custody 
 43.34  has been commenced shall must not issue, revise, modify or amend 
 43.35  any order, pursuant to sections section 518.131, 518.165, 
 43.36  518.168, 518.17, 518.175 or 518.18, which that affects the 
 44.1   custody of a minor child or the parenting time of a parent 
 44.2   unless the court has jurisdiction over the matter pursuant to 
 44.3   the provisions of under chapter 518D. 
 44.4      Sec. 10.  Minnesota Statutes 2000, section 518.156, is 
 44.5   amended to read: 
 44.6      518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.] 
 44.7      Subdivision 1.  [PROCEDURE.] In a court of this state which 
 44.8   that has jurisdiction to decide child custody matters, a child 
 44.9   custody proceeding is commenced: 
 44.10     (a) by a parent 
 44.11     (1) by filing a petition for dissolution or legal 
 44.12  separation; or 
 44.13     (2) where if a decree of dissolution or legal separation 
 44.14  has been entered or where none is sought, or when if paternity 
 44.15  has been recognized under section 257.75, by filing a petition 
 44.16  or motion seeking custody or parenting time with the child in 
 44.17  the county where the child is permanently resident or where the 
 44.18  child is found or where an earlier order for custody of the 
 44.19  child has been entered; or 
 44.20     (b) by a person other than a parent, where if a decree of 
 44.21  dissolution or legal separation has been entered or where if 
 44.22  none is sought by filing a petition or motion seeking custody or 
 44.23  visitation of the child in the county where the child is 
 44.24  permanently resident or where the child is found or where an 
 44.25  earlier order for custody of the child has been entered.  A 
 44.26  person seeking visitation pursuant to this paragraph must 
 44.27  qualify under one of the provisions of section 257.022.  
 44.28     Subd. 2.  [REQUIRED NOTICE.] Written notice of a child 
 44.29  custody or parenting time or visitation proceeding shall must be 
 44.30  given to the child's parent, guardian, and custodian, who may 
 44.31  appear and be heard and may file a responsive pleading.  The 
 44.32  court may, upon a showing of good cause, permit the intervention 
 44.33  of other interested parties. 
 44.34     Sec. 11.  Minnesota Statutes 2000, section 518.157, 
 44.35  subdivision 1, is amended to read: 
 44.36     Subdivision 1.  [IMPLEMENTATION; ADMINISTRATION.] By 
 45.1   January 1, 1998, The chief judge of each judicial district or a 
 45.2   designee shall must implement one or more parent education 
 45.3   programs within the judicial district for the purpose of 
 45.4   educating parents about the impact that divorce, the 
 45.5   restructuring of families, and judicial proceedings have upon 
 45.6   children and families; methods for preventing parenting time 
 45.7   conflicts; and dispute resolution options.  The chief judge of 
 45.8   each judicial district or a designee may require that children 
 45.9   attend a separate education program designed to deal with the 
 45.10  impact of divorce upon children as part of the parent education 
 45.11  program.  Each parent education program must enable persons to 
 45.12  have timely and reasonable access to education sessions.  
 45.13     Sec. 12.  Minnesota Statutes 2000, section 518.157, 
 45.14  subdivision 2, is amended to read: 
 45.15     Subd. 2.  [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 
 45.16  court should promulgate minimum standards for the implementation 
 45.17  and administration of a parent education program.  The chief 
 45.18  judge of each judicial district or a designee shall must submit 
 45.19  a plan to the Minnesota conference of chief judges for their 
 45.20  approval that is designed to implement and administer a parent 
 45.21  education program in the judicial district.  The plan must be 
 45.22  consistent with the minimum standards promulgated by the 
 45.23  Minnesota supreme court.  
 45.24     Sec. 13.  Minnesota Statutes 2000, section 518.157, 
 45.25  subdivision 3, is amended to read: 
 45.26     Subd. 3.  [ATTENDANCE.] In a proceeding under this chapter 
 45.27  or sections 257.51 to 257.75 where custody or parenting time is 
 45.28  contested, the parents of a minor child shall must attend an 
 45.29  orientation and education program that meets the minimum 
 45.30  standards promulgated by the Minnesota supreme court.  In all 
 45.31  other proceedings involving custody, support, or parenting time 
 45.32  the court may order the parents of a minor child to attend a 
 45.33  parent education program.  The program shall must provide the 
 45.34  court with names of persons who fail to attend the parent 
 45.35  education program as ordered by the court.  Persons who are 
 45.36  separated or contemplating involvement in a dissolution, 
 46.1   paternity, custody, or parenting time proceeding may attend a 
 46.2   parent education program without a court order.  Participation 
 46.3   in a parent education program must occur as early as possible.  
 46.4   Parent education programs must offer an opportunity to 
 46.5   participate at all phases of a pending or postdecree 
 46.6   proceeding.  Upon request of a party and a showing of good 
 46.7   cause, the court may excuse the party from attending the 
 46.8   program.  If past or present domestic abuse, as defined in 
 46.9   chapter 518B, is alleged, the court shall must not require the 
 46.10  parties to attend the same parent education sessions and shall 
 46.11  must enter an order setting forth the manner in which the 
 46.12  parties may safely participate in the program. 
 46.13     Sec. 14.  Minnesota Statutes 2000, section 518.157, 
 46.14  subdivision 5, is amended to read: 
 46.15     Subd. 5.  [CONFIDENTIALITY.] Unless all parties agree in 
 46.16  writing, statements made by a party during participation in a 
 46.17  parent education program are inadmissible as evidence for any 
 46.18  purpose, including impeachment.  No record may be made regarding 
 46.19  a party's participation in a parent education program, except a 
 46.20  record of attendance at and completion of the program as 
 46.21  required under this section.  Instructors shall must not 
 46.22  disclose information regarding an individual participant 
 46.23  obtained as a result of participation in a parent education 
 46.24  program.  Parent education instructors may not be subpoenaed or 
 46.25  called as witnesses in court proceedings.  
 46.26     Sec. 15.  Minnesota Statutes 2000, section 518.157, 
 46.27  subdivision 6, is amended to read: 
 46.28     Subd. 6.  [FEE.] Except as provided in this subdivision, 
 46.29  each person who attends a parent education program shall must 
 46.30  pay a fee to defray the cost of the program.  A party who 
 46.31  qualifies for waiver of filing fees under section 563.01 is 
 46.32  exempt from paying the parent education program fee and the 
 46.33  court shall must waive the fee or direct its payment under 
 46.34  section 563.01.  Program providers shall implement a sliding fee 
 46.35  scale. 
 46.36     Sec. 16.  Minnesota Statutes 2000, section 518.158, 
 47.1   subdivision 2, is amended to read: 
 47.2      Subd. 2.  [EMERGENCY CUSTODY HEARING.] If the parent seeks 
 47.3   to remove the child from the home of the relative or if the 
 47.4   relative seeks to remove the child from the home of the parent 
 47.5   and the applicable factors in subdivision 1 exist, the relative 
 47.6   may apply for an ex parte temporary order for custody of the 
 47.7   child.  The application must include an affidavit made under 
 47.8   oath that states with particularity the specific facts and 
 47.9   circumstances on which the application is based.  The court 
 47.10  shall must grant temporary custody if it finds, based on the 
 47.11  application, that the applicable factors in subdivision 1 
 47.12  exist.  If it finds that the factors in subdivision 1 do not 
 47.13  exist, the court shall must order that the child be returned to 
 47.14  or remain with the parent.  An ex parte temporary custody order 
 47.15  under this subdivision is effective for a fixed period not to 
 47.16  exceed 14 days.  A temporary custody hearing under this chapter 
 47.17  must be set for not later than seven days after issuance of the 
 47.18  ex parte temporary custody order, except that if the ex parte 
 47.19  temporary custody order is based on the grounds under 
 47.20  subdivision 1, paragraph (b), clause (2), the temporary custody 
 47.21  hearing must be set for not later than 72 hours, excluding 
 47.22  Saturdays, Sundays, and holidays, after issuance of the order.  
 47.23  The parent must be promptly served with a copy of the ex parte 
 47.24  order and the petition and notice of the date for the hearing. 
 47.25     Sec. 17.  Minnesota Statutes 2000, section 518.158, 
 47.26  subdivision 4, is amended to read: 
 47.27     Subd. 4.  [RETURN TO PARENT.] If the court orders permanent 
 47.28  custody to a relative under this section, the court shall must 
 47.29  set conditions the parent must meet in order to obtain custody.  
 47.30  The court may notify the parent that the parent may request 
 47.31  assistance from the local social service agency in order to meet 
 47.32  the conditions set by the court. 
 47.33     Sec. 18.  Minnesota Statutes 2000, section 518.165, is 
 47.34  amended to read: 
 47.35     518.165 [GUARDIANS FOR MINOR CHILDREN.] 
 47.36     Subdivision 1.  [PERMISSIVE APPOINTMENT OF GUARDIAN AD 
 48.1   LITEM.] In all proceedings for child custody or for dissolution 
 48.2   or legal separation where custody or parenting time with a minor 
 48.3   child is in issue, the court may appoint a guardian ad litem 
 48.4   from a panel established by the court to represent the interests 
 48.5   of the child.  The guardian ad litem shall must advise the court 
 48.6   with respect to custody, support, and parenting time.  
 48.7      Subd. 2.  [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] In 
 48.8   all proceedings for child custody or for marriage dissolution or 
 48.9   legal separation in which custody or parenting time with a minor 
 48.10  child is an issue, if the court has reason to believe that the 
 48.11  minor child is a victim of domestic child abuse or neglect, as 
 48.12  those terms are defined in sections 260C.007 and 626.556, 
 48.13  respectively, the court shall must appoint a guardian ad litem.  
 48.14  The guardian ad litem shall must represent the interests of the 
 48.15  child and advise the court with respect to custody, support, and 
 48.16  parenting time.  If the child is represented by a guardian ad 
 48.17  litem in any other pending proceeding, the court may appoint 
 48.18  that guardian to represent the child in the custody or parenting 
 48.19  time proceeding.  No guardian ad litem need be appointed if the 
 48.20  alleged domestic child abuse or neglect is before the court on a 
 48.21  juvenile dependency and neglect petition.  Nothing in this 
 48.22  subdivision requires the court to appoint a guardian ad litem in 
 48.23  any proceeding for child custody, marriage dissolution, or legal 
 48.24  separation in which an allegation of domestic child abuse or 
 48.25  neglect has not been made. 
 48.26     Subd. 2a.  [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 
 48.27  guardian ad litem shall must carry out the following 
 48.28  responsibilities: 
 48.29     (1) conduct an independent investigation to determine the 
 48.30  facts relevant to the situation of the child and the family, 
 48.31  which must include, unless specifically excluded by the court, 
 48.32  reviewing relevant documents; meeting with and observing the 
 48.33  child in the home setting and considering the child's wishes, as 
 48.34  appropriate; and interviewing parents, caregivers, and others 
 48.35  with knowledge relevant to the case; 
 48.36     (2) advocate for the child's best interests by 
 49.1   participating in appropriate aspects of the case and advocating 
 49.2   for appropriate community services when necessary; 
 49.3      (3) maintain the confidentiality of information related to 
 49.4   a case, with the exception of sharing information as permitted 
 49.5   by law to promote cooperative solutions that are in the best 
 49.6   interests of the child; 
 49.7      (4) monitor the child's best interests throughout the 
 49.8   judicial proceeding; and 
 49.9      (5) present written reports on the child's best interests 
 49.10  that include conclusions and recommendations and the facts upon 
 49.11  which they are based. 
 49.12     Subd. 3.  [FEES.] (a) A guardian ad litem appointed under 
 49.13  either subdivision 1 or 2 may be appointed either as a volunteer 
 49.14  or on a fee basis.  If a guardian ad litem is appointed on a fee 
 49.15  basis, the court shall must enter an order for costs, fees, and 
 49.16  disbursements in favor of the child's guardian ad litem.  The 
 49.17  order may be made against either or both parties, except that 
 49.18  any part of the costs, fees, or disbursements which the court 
 49.19  finds the parties are incapable of paying shall must be borne by 
 49.20  the state courts.  The costs of court-appointed counsel to the 
 49.21  guardian ad litem shall must be paid by the county in which the 
 49.22  proceeding is being held if a party is incapable of paying for 
 49.23  them.  Until the recommendations of the task force created in 
 49.24  Laws 1999, chapter 216, article 7, section 42, are implemented, 
 49.25  the costs of court-appointed counsel to a guardian ad litem in 
 49.26  the eighth judicial district shall must be paid by the state 
 49.27  courts if a party is incapable of paying for them.  In no event 
 49.28  may the court order that costs, fees, or disbursements be paid 
 49.29  by a party receiving public assistance or legal assistance or by 
 49.30  a party whose annual income falls below the poverty line as 
 49.31  established under United States Code, title 42, section 9902(2). 
 49.32     (b) In each fiscal year, the state treasurer shall must 
 49.33  deposit guardian ad litem reimbursements in the general fund and 
 49.34  credit them to a separate account with the trial courts.  The 
 49.35  balance of this account is appropriated to the trial courts and 
 49.36  does not cancel but is available until expended.  Expenditures 
 50.1   by the state court administrator's office from this account must 
 50.2   be based on the amount of the guardian ad litem reimbursements 
 50.3   received by the state from the courts in each judicial district. 
 50.4      Sec. 19.  Minnesota Statutes 2000, section 518.166, is 
 50.5   amended to read: 
 50.6      518.166 [INTERVIEWS.] 
 50.7      The court may interview the child in chambers to ascertain 
 50.8   the child's reasonable preference as to custodian regarding with 
 50.9   which parent the child would reside, if the court deems the 
 50.10  child to be of sufficient age to express preference.  The 
 50.11  court shall must permit counsel to be present at the interview 
 50.12  and shall must permit counsel to propound reasonable questions 
 50.13  to the child either directly or through the court.  The 
 50.14  court shall must cause a record of the interview to be made and 
 50.15  to be made part of the record in the case unless waived by the 
 50.16  parties. 
 50.17     In contested custody proceedings, and in other custody 
 50.18  proceedings if a parent or the child's custodian requests, the 
 50.19  court may seek the recommendations of professional personnel 
 50.20  whether or not they are employed on a regular basis by the 
 50.21  court.  The recommendations given shall must be in writing and 
 50.22  shall must be made available by the court to counsel upon 
 50.23  request.  Counsel may call for cross-examination of professional 
 50.24  personnel consulted by the court.  
 50.25     Sec. 20.  Minnesota Statutes 2000, section 518.167, 
 50.26  subdivision 3, is amended to read: 
 50.27     Subd. 3.  [AVAILABILITY TO COUNSEL.] The court shall must 
 50.28  mail the investigator's report to counsel and to any party not 
 50.29  represented by counsel at least ten days before the hearing.  
 50.30  The investigator shall must maintain and, upon request, make 
 50.31  available to counsel and to a party not represented by counsel 
 50.32  the investigator's file of underlying data and reports, complete 
 50.33  texts of diagnostic reports made to the investigator pursuant to 
 50.34  the provisions of subdivision 2, and the names and addresses of 
 50.35  all persons whom the investigator has consulted.  The 
 50.36  investigator and any person the investigator has consulted is 
 51.1   subject to other pretrial discovery in accordance with the 
 51.2   requirements of the Minnesota Rules of Civil Procedure. 
 51.3   Mediation proceedings are not subject to discovery without 
 51.4   written consent of both parties.  A party to the proceeding may 
 51.5   call the investigator and any person whom the investigator has 
 51.6   consulted for cross-examination at the hearing.  A party may not 
 51.7   waive the right of cross-examination before the hearing. 
 51.8      Sec. 21.  Minnesota Statutes 2000, section 518.167, 
 51.9   subdivision 4, is amended to read: 
 51.10     Subd. 4.  [USE AT DISCOVERY; HEARING.] The investigator and 
 51.11  any person the investigator has consulted is subject to other 
 51.12  pretrial discovery in accordance with the requirements of the 
 51.13  Minnesota Rules of Civil Procedure.  Mediation proceedings are 
 51.14  not subject to discovery without written consent of both 
 51.15  parties.  A party to the proceeding may call the investigator 
 51.16  and any person whom the investigator has consulted for 
 51.17  cross-examination at the hearing.  A party may not waive the 
 51.18  right of cross-examination before the hearing.  The 
 51.19  investigator's report may be received in evidence at the hearing.
 51.20     Sec. 22.  Minnesota Statutes 2000, section 518.167, 
 51.21  subdivision 5, is amended to read: 
 51.22     Subd. 5.  [COSTS.] The court shall must order all or part 
 51.23  of the cost of the investigation and report to be paid by either 
 51.24  or both parties, based on their ability to pay.  Any part of the 
 51.25  cost that the court finds the parties are incapable of paying 
 51.26  must be borne by the county welfare local social services agency 
 51.27  or department of court services that performs the 
 51.28  investigation.  The court may not order costs under this 
 51.29  subdivision to be paid by a party receiving public assistance or 
 51.30  legal assistance from a qualified legal services program or by a 
 51.31  party whose annual income falls below the poverty line under 
 51.32  United States Code, title 42, section 9902(2). 
 51.33     Sec. 23.  Minnesota Statutes 2000, section 518.168, is 
 51.34  amended to read: 
 51.35     518.168 [HEARINGS.] 
 51.36     (a) Custody proceedings shall must receive priority in 
 52.1   being set for hearing. 
 52.2      (b) The court may tax as costs the payment of necessary 
 52.3   travel and other expenses incurred by a person whose presence at 
 52.4   the hearing the court deems necessary to determine the best 
 52.5   interests of the child. 
 52.6      (c) The court without a jury shall must determine questions 
 52.7   of law and fact.  If it finds that a public hearing may be 
 52.8   detrimental to the child's best interests, the court may exclude 
 52.9   the public from a custody hearing, but may admit any person who 
 52.10  has a direct interest in the particular case. 
 52.11     (d) If the court finds it necessary for the protection of 
 52.12  the child's welfare that the record of an interview, report, 
 52.13  investigation, or testimony in a custody proceeding not be kept 
 52.14  secret disclosed, the court may make an appropriate order 
 52.15  sealing the record. 
 52.16     Sec. 24.  Minnesota Statutes 2000, section 518.1705, 
 52.17  subdivision 6, is amended to read: 
 52.18     Subd. 6.  [RESTRICTIONS ON PREPARATION AND CONTENT OF 
 52.19  PARENTING PLAN.] (a) Dispute resolution processes other than the 
 52.20  judicial process may not be required in the preparation of a 
 52.21  parenting plan if a parent is alleged to have committed domestic 
 52.22  abuse toward a parent or child who is a party to, or subject of, 
 52.23  the matter before the court.  In these cases, the court shall 
 52.24  must consider the appointment of a guardian ad litem and a 
 52.25  parenting plan evaluator.  
 52.26     (b) The court may not require a parenting plan that 
 52.27  provides for joint legal custody or use of dispute resolution 
 52.28  processes, other than the judicial process, if the court finds 
 52.29  that section 518.179 applies, or the court finds that either 
 52.30  parent has engaged in the following toward a parent or child who 
 52.31  is a party to, or subject of, the matter before the court: 
 52.32     (1) acts of domestic abuse, including physical harm, bodily 
 52.33  injury, and infliction of fear of physical harm, assault, 
 52.34  terroristic threats, or criminal sexual conduct; 
 52.35     (2) physical, sexual, or a pattern of emotional abuse of a 
 52.36  child; or 
 53.1      (3) willful abandonment that continues for an extended 
 53.2   period of time or substantial refusal to perform parenting 
 53.3   functions. 
 53.4      Sec. 25.  Minnesota Statutes 2001 Supplement, section 
 53.5   518.175, is amended to read: 
 53.6      518.175 [PARENTING TIME.] 
 53.7      Subdivision 1.  [GENERAL.] (a) In all proceedings for 
 53.8   dissolution or legal separation, subsequent to the commencement 
 53.9   of the proceeding and continuing thereafter during the minority 
 53.10  of the child, the court shall must, upon the request of either 
 53.11  parent, grant such parenting time on behalf of the child and a 
 53.12  parent as that will enable the child and the parent to maintain 
 53.13  a child to parent relationship that will be in the best 
 53.14  interests of the child. 
 53.15     If the court finds, after a hearing, that parenting time 
 53.16  with a parent is likely to endanger the child's physical or 
 53.17  emotional health or impair the child's emotional development, 
 53.18  the court shall must restrict parenting time with that parent as 
 53.19  to time, place, duration, or supervision and may deny parenting 
 53.20  time entirely, as the circumstances warrant.  The court shall 
 53.21  must consider the age of the child and the child's relationship 
 53.22  with the parent prior to before the commencement of the 
 53.23  proceeding. 
 53.24     A parent's failure to pay support because of the parent's 
 53.25  inability to do so shall is not be sufficient cause for denial 
 53.26  of parenting time. 
 53.27     (b) The court may provide that a law enforcement officer or 
 53.28  other appropriate person will accompany a party seeking to 
 53.29  enforce or comply with parenting time. 
 53.30     (c) Upon request of either party, to the extent practicable 
 53.31  an order for parenting time must include a specific schedule for 
 53.32  parenting time, including the frequency and duration of 
 53.33  visitation and visitation during holidays and vacations, unless 
 53.34  parenting time is restricted, denied, or reserved. 
 53.35     (d) The court administrator shall must provide a form for a 
 53.36  pro se motion regarding parenting time disputes, which includes 
 54.1   must include provisions for indicating the relief requested, an 
 54.2   affidavit in which the party may state the facts of the dispute, 
 54.3   and a brief description of the parenting time expeditor process 
 54.4   under section 518.1751.  The form may not include a request for 
 54.5   a change of custody.  The court shall must provide instructions 
 54.6   on serving and filing the motion. 
 54.7      Subd. 1a.  [DOMESTIC ABUSE; SUPERVISED PARENTING TIME.] (a) 
 54.8   If a parent requests supervised parenting time under subdivision 
 54.9   1 or 5 and an order for protection under chapter 518B or a 
 54.10  similar law of another state is in effect against the other 
 54.11  parent to protect the child or the parent with whom the child 
 54.12  resides or the child, the judge or judicial officer must 
 54.13  consider the order for protection in making a decision regarding 
 54.14  parenting time. 
 54.15     (b) The state court administrator, in consultation with 
 54.16  representatives of parents and other interested persons, shall 
 54.17  must develop standards to be met by persons who are responsible 
 54.18  for supervising parenting time.  Either parent may challenge the 
 54.19  appropriateness of an individual chosen by the court to 
 54.20  supervise parenting time. 
 54.21     Subd. 2.  [RIGHTS OF CHILDREN AND PARENTS.] Upon the 
 54.22  request of either parent, the court may inform any child of the 
 54.23  parties, if eight years of age or older, or otherwise of an age 
 54.24  of suitable comprehension, of the rights of the child and each 
 54.25  parent under the order or decree or any substantial amendment 
 54.26  thereof of it.  The parent with whom the child resides shall 
 54.27  must present the child for parenting time with the other parent, 
 54.28  at such the times as the court directs. 
 54.29     Subd. 3.  [MOVE TO ANOTHER STATE.] The parent with whom the 
 54.30  child resides shall must not move the child's residence of the 
 54.31  child to another state except upon order of the court or with 
 54.32  the consent of the other parent, if the other parent has been 
 54.33  given parenting time by the decree.  If the purpose of the move 
 54.34  is to interfere with parenting time given to the other parent by 
 54.35  the decree, the court shall must not permit the child's 
 54.36  residence to be moved to another state. 
 55.1      Subd. 5.  [MODIFICATION OF PARENTING PLAN OR ORDER FOR 
 55.2   PARENTING TIME.] (a) If modification would serve the best 
 55.3   interests of the child, the court shall must modify the 
 55.4   decision-making provisions of a parenting plan or an order 
 55.5   granting or denying parenting time, if the modification would 
 55.6   not change the child's primary residence.  Except as provided in 
 55.7   section 631.52, the court may not restrict parenting time unless 
 55.8   it finds that:  
 55.9      (1) parenting time is likely to endanger the child's 
 55.10  physical or emotional health or impair the child's emotional 
 55.11  development; or 
 55.12     (2) the parent has chronically and unreasonably failed to 
 55.13  comply with court-ordered parenting time. 
 55.14     (b) If a parent makes specific allegations that parenting 
 55.15  time by the other parent places the parent or child in danger of 
 55.16  harm, the court shall must hold a hearing at the earliest 
 55.17  possible time to determine the need to modify the order granting 
 55.18  parenting time.  Consistent with subdivision 1a, the court may 
 55.19  require a third party, including the local social services 
 55.20  agency, to supervise the parenting time or may restrict a 
 55.21  parent's parenting time if necessary to protect the other parent 
 55.22  or child from harm.  If there is an existing order for 
 55.23  protection governing the parties, the court shall must consider 
 55.24  the use of an independent, neutral exchange location for 
 55.25  parenting time. 
 55.26     Subd. 6.  [REMEDIES.] (a) The court may provide for one or 
 55.27  more of the following remedies for denial of or interference 
 55.28  with court-ordered parenting time as provided under this 
 55.29  subdivision.  All parenting time orders must include notice of 
 55.30  the provisions of this subdivision. 
 55.31     (b) If the court finds that a person parent has been 
 55.32  deprived of court-ordered parenting time, the court shall must 
 55.33  order the parent who has interfered to allow compensatory 
 55.34  parenting time to the other parent or the court shall must make 
 55.35  specific findings as to why a request for compensatory parenting 
 55.36  time is denied.  If compensatory parenting time is awarded, 
 56.1   additional parenting time must be: 
 56.2      (1) at least of the same type and duration as the deprived 
 56.3   parenting time and, at the discretion of the court, may be in 
 56.4   excess of or of a different type than the deprived parenting 
 56.5   time; 
 56.6      (2) taken within one year after the deprived parenting 
 56.7   time; and 
 56.8      (3) at a time acceptable to the parent deprived of 
 56.9   parenting time. 
 56.10     (c) If the court finds that a party has wrongfully failed 
 56.11  to comply with a parenting time order or a binding agreement or 
 56.12  decision under section 518.1751, the court may: 
 56.13     (1) impose a civil penalty of up to $500 on the party; 
 56.14     (2) require the party to post a bond with the court for a 
 56.15  specified period of time to secure the party's compliance; 
 56.16     (3) award reasonable attorney's fees and costs; 
 56.17     (4) require the party who violated the parenting time order 
 56.18  or binding agreement or decision of the parenting time expeditor 
 56.19  to reimburse the other party for costs incurred as a result of 
 56.20  the violation of the order or, agreement, or decision; or 
 56.21     (5) award any other remedy that the court finds to be in 
 56.22  the best interests of the children involved. 
 56.23     A civil penalty imposed under this paragraph must be 
 56.24  deposited in the county general fund and must be used to fund 
 56.25  the costs of a parenting time expeditor program in a county with 
 56.26  this program.  In other counties, the civil penalty must be 
 56.27  deposited in the state general fund. 
 56.28     (d) If the court finds that a party has been denied 
 56.29  parenting time and has incurred expenses in connection with the 
 56.30  denied parenting time, the court may require the party who 
 56.31  denied parenting time to post a bond in favor of the other party 
 56.32  in the amount of prepaid expenses associated with upcoming 
 56.33  planned parenting time. 
 56.34     (e) Proof of an unwarranted denial of or interference with 
 56.35  duly established parenting time may constitute contempt of court 
 56.36  and may be sufficient cause for reversal of custody. 
 57.1      Subd. 7a.  [GRANDPARENT VISITATION.] During a proceeding 
 57.2   for dissolution or legal separation, or at any time after 
 57.3   completion of the proceedings, and continuing during the child's 
 57.4   minority, the court may make an order granting visitation rights 
 57.5   to grandparents and other individuals as provided by section 
 57.6   257.022, subdivision 2. 
 57.7      Subd. 8.  [ADDITIONAL PARENTING TIME FOR CHILD CARE 
 57.8   PARENT.] The court may allow additional parenting time to a 
 57.9   parent to provide child care while the other parent is working 
 57.10  if this arrangement is reasonable and in the best interests of 
 57.11  the child, as defined in section 518.17, subdivision 1.  In 
 57.12  addition, the court shall must consider: 
 57.13     (1) the ability of the parents to cooperate; 
 57.14     (2) methods for resolving disputes regarding the care of 
 57.15  the child, and the parents' willingness to use those methods; 
 57.16  and 
 57.17     (3) whether domestic abuse, as defined in section 518B.01, 
 57.18  has occurred between the parties. 
 57.19     Sec. 26.  Minnesota Statutes 2001 Supplement, section 
 57.20  518.1751, subdivision 1b, is amended to read: 
 57.21     Subd. 1b.  [PURPOSE; DEFINITIONS.] (a) The purpose of a 
 57.22  parenting time expeditor is to resolve parenting time disputes 
 57.23  by enforcing, interpreting, clarifying, and addressing 
 57.24  circumstances not specifically addressed by an existing 
 57.25  parenting time order and, if appropriate, to make a 
 57.26  determination as to whether the existing parenting time order 
 57.27  has been violated.  A parenting time expeditor may be appointed 
 57.28  to resolve a one-time parenting time dispute or to provide 
 57.29  ongoing parenting time dispute resolution services. 
 57.30     (b) For purposes of this section, "parenting time dispute" 
 57.31  means a disagreement among parties about parenting time with a 
 57.32  child, including a dispute about an anticipated denial of future 
 57.33  scheduled parenting time.  "Parenting time dispute" includes a 
 57.34  claim by a parent that the other parent is not spending time 
 57.35  with a child as well as a claim by a parent that the other 
 57.36  parent is denying or interfering with parenting time. 
 58.1      (c) A "parenting time expeditor" is a neutral person 
 58.2   authorized to use a mediation-arbitration process to resolve 
 58.3   parenting time disputes.  A parenting time expeditor shall must 
 58.4   attempt to resolve a parenting time dispute by facilitating 
 58.5   negotiations between the parties to promote settlement and,.  If 
 58.6   it becomes apparent that the dispute cannot be resolved by an 
 58.7   agreement of the parties, the parenting time expeditor shall 
 58.8   must make a decision resolving the dispute. 
 58.9      Sec. 27.  Minnesota Statutes 2000, section 518.1751, 
 58.10  subdivision 2, is amended to read: 
 58.11     Subd. 2.  [APPOINTMENT.] (a) The parties may stipulate to 
 58.12  the appointment of a parenting time expeditor or a team of two 
 58.13  expeditors without appearing in court by submitting to the court 
 58.14  a written agreement identifying the names of the individuals to 
 58.15  be appointed by the court; the nature of the dispute; the 
 58.16  responsibilities of the parenting time expeditor, including 
 58.17  whether the expeditor is appointed to resolve a specific issue 
 58.18  or on an ongoing basis; the term of the appointment; and the 
 58.19  apportionment of fees and costs.  The court shall must review 
 58.20  the agreement of the parties.  
 58.21     (b) If the parties cannot agree on a parenting time 
 58.22  expeditor, the court shall must provide to the parties them with 
 58.23  a copy of the court administrator's roster of parenting time 
 58.24  expeditors and require the parties to exchange the names of 
 58.25  three potential parenting time expeditors by a specific date.  
 58.26  If after exchanging names the parties are unable to agree upon a 
 58.27  parenting time expeditor, the court shall must select the 
 58.28  parenting time expeditor and, in its discretion, may appoint one 
 58.29  expeditor or a team of two expeditors.  In the selection process 
 58.30  the court must give consideration to the financial circumstances 
 58.31  of the parties and the fees of those being considered 
 58.32  as parenting time expeditors.  Preference must be given to 
 58.33  persons who agree to volunteer their services or who will charge 
 58.34  a variable fee for services based on the ability of the parties 
 58.35  to pay for them. 
 58.36     (c) An order appointing a parenting time expeditor must 
 59.1   identify the name of the individual to be appointed, the nature 
 59.2   of the dispute, the responsibilities of the expeditor including 
 59.3   whether the expeditor is appointed to resolve a specific issue 
 59.4   or on an ongoing basis, the term of the appointment, the 
 59.5   apportionment of fees, and notice that if the parties are unable 
 59.6   to reach an agreement with the expeditor's assistance of the 
 59.7   expeditor, the expeditor is authorized to make a decision 
 59.8   resolving the dispute which is binding upon the parties unless 
 59.9   modified or vacated by the court.  
 59.10     Sec. 28.  Minnesota Statutes 2000, section 518.1751, 
 59.11  subdivision 2a, is amended to read: 
 59.12     Subd. 2a.  [FEES.] Prior to Before appointing the parenting 
 59.13  time expeditor, the court shall must give the parties notice 
 59.14  that the expeditor's fees of the expeditor will be apportioned 
 59.15  among the parties.  In its order appointing the expeditor, the 
 59.16  court shall must apportion the expeditor's fees of the expeditor 
 59.17  among the parties, with each party bearing the portion of fees 
 59.18  that the court determines is just and equitable under the 
 59.19  circumstances.  If a party files a pro se motion regarding a 
 59.20  parenting time dispute and there is not a an existing court 
 59.21  order that provides for apportionment of apportioning the fees 
 59.22  of an expeditor, the court administrator may require the party 
 59.23  requesting the appointment of an expeditor to pay the 
 59.24  expeditor's fees of the expeditor in advance.  Neither party may 
 59.25  be required to submit a dispute to a visitation an expeditor if 
 59.26  the party cannot afford to pay for the fees of an expeditor and 
 59.27  an affordable expeditor is not available, unless the other party 
 59.28  agrees to pay the fees.  After fees are incurred, a party may by 
 59.29  motion request that the fees be reapportioned on equitable 
 59.30  grounds.  The court may consider the resources of the parties, 
 59.31  the nature of the dispute, and whether a party acted in bad 
 59.32  faith.  The court may consider information from the expeditor in 
 59.33  determining bad faith.  
 59.34     Sec. 29.  Minnesota Statutes 2000, section 518.1751, 
 59.35  subdivision 2b, is amended to read: 
 59.36     Subd. 2b.  [ROSTER OF PARENTING TIME EXPEDITORS.] Each The 
 60.1   court administrator shall must maintain and make available 
 60.2   to judicial officers and the public and judicial officers a 
 60.3   roster of individuals available to serve as parenting time 
 60.4   expeditors, including.  The roster must include each 
 60.5   individual's name, address, telephone number, and fee charged, 
 60.6   if any.  A court administrator shall must not place on the 
 60.7   roster the name of an individual who has not completed the 
 60.8   training required in subdivision 2c.  If the use of a parenting 
 60.9   time an expeditor is initiated by stipulation of the parties, 
 60.10  the parties may agree upon a person to serve as an expeditor 
 60.11  even if that person has not completed the training described in 
 60.12  subdivision 2c.  The court may appoint a person to serve as an 
 60.13  expeditor even if the a person who is not on the court 
 60.14  administrator's roster, but may not appoint a person who has not 
 60.15  completed the training described in subdivision 2c, unless so 
 60.16  stipulated by the parties.  To maintain one's listing on a court 
 60.17  administrator's roster of parenting time expeditors, an 
 60.18  individual shall must annually submit to the court administrator 
 60.19  proof of completion of continuing education requirements.  
 60.20     Sec. 30.  Minnesota Statutes 2000, section 518.1751, 
 60.21  subdivision 2c, is amended to read: 
 60.22     Subd. 2c.  [TRAINING AND CONTINUING EDUCATION 
 60.23  REQUIREMENTS.] To qualify for listing on a court administrator's 
 60.24  roster of parenting time expeditors, an individual shall must 
 60.25  complete a minimum of 40 hours of family mediation training that 
 60.26  has been certified by the Minnesota supreme court, which.  The 
 60.27  training must include certified training in domestic abuse 
 60.28  issues as required under Rule 114 of the Minnesota General Rules 
 60.29  of Practice for the District Courts.  To maintain one's listing 
 60.30  remain listed on a court administrator's roster of parenting 
 60.31  time expeditors, an individual shall must annually attend three 
 60.32  hours of continuing education about alternative dispute 
 60.33  resolution subjects.  
 60.34     Sec. 31.  Minnesota Statutes 2000, section 518.1751, 
 60.35  subdivision 3, is amended to read: 
 60.36     Subd. 3.  [AGREEMENT OR DECISION.] (a) Within five days of 
 61.1   notice of the appointment, or within five days of notice of a 
 61.2   subsequent parenting time dispute between the same parties, the 
 61.3   parenting time expeditor shall must meet with the parties 
 61.4   together or separately and shall make a diligent effort to 
 61.5   facilitate an agreement to resolve the dispute.  If a parenting 
 61.6   time dispute requires immediate resolution, the parenting time 
 61.7   expeditor may confer with the parties through a telephone 
 61.8   conference or similar means.  An expeditor may make a decision 
 61.9   without conferring with a party if the expeditor made a good 
 61.10  faith effort to confer with the party, but the party chose not 
 61.11  to participate in resolution of the dispute. 
 61.12     (b) If the parties do not reach an agreement, the expeditor 
 61.13  shall must make a decision resolving the dispute as soon as 
 61.14  possible, but not later than five days after receiving all 
 61.15  information necessary to make a decision and after the final 
 61.16  meeting or conference with the parties.  The expeditor is 
 61.17  authorized to award compensatory parenting time under section 
 61.18  518.175, subdivision 6, and may recommend to the court that the 
 61.19  noncomplying party pay attorney's fees, court costs, and other 
 61.20  costs under section 518.175, subdivision 6, paragraph (d), if 
 61.21  the parenting time order has been violated.  The expeditor shall 
 61.22  not lose retains the authority to make a decision if 
 61.23  circumstances beyond the expeditor's control make it 
 61.24  impracticable to meet the five-day timelines. 
 61.25     (c) Unless the parties mutually agree, the parenting time 
 61.26  expeditor shall must not make a decision that is inconsistent 
 61.27  with an existing parenting time order, but may make decisions 
 61.28  interpreting or clarifying a parenting time order, including the 
 61.29  development of a specific schedule when the existing court order 
 61.30  grants "reasonable parenting time."  
 61.31     (d) The expeditor shall must put an agreement or decision 
 61.32  in writing and provide a copy to the parties.  The expeditor may 
 61.33  include or omit reasons for the agreement or decision.  An 
 61.34  agreement of the parties or a decision of the expeditor is 
 61.35  binding on the parties unless vacated or modified by the court.  
 61.36  If a party does not comply with an agreement of the parties or a 
 62.1   decision of the expeditor, any party may bring a motion with the 
 62.2   court and shall must attach a copy of the parties' written 
 62.3   agreement or the decision of the expeditor.  The court may 
 62.4   enforce, modify, or vacate the agreement of the parties or the 
 62.5   decision of the expeditor. 
 62.6      Sec. 32.  Minnesota Statutes 2000, section 518.176, as 
 62.7   amended by Laws 2001, chapter 51, section 10, is amended to read:
 62.8      518.176 [JUDICIAL SUPERVISION.] 
 62.9      Subdivision 1.  [LIMITS ON PARENT'S AUTHORITY; HEARING.] 
 62.10  Except as otherwise agreed by the parties in writing at the time 
 62.11  of the custody order, (a) The parent with whom the child resides 
 62.12  may determine the child's upbringing, including education, 
 62.13  health care, and religious training, unless: 
 62.14     (1) otherwise agreed by the parties in writing at the time 
 62.15  of the custody order; or 
 62.16     (2) upon motion by the other parent, the court after 
 62.17  hearing, finds, upon motion by the other parent, that in the 
 62.18  absence of a specific limitation of the authority of the parent 
 62.19  with whom the child resides, the child's physical or emotional 
 62.20  health is likely to be endangered or the child's emotional 
 62.21  development impaired. 
 62.22     Subd. 2. (b) If both parents or all contestants agree to 
 62.23  the order, or if the court finds that in the absence of the 
 62.24  order the child's physical or emotional health is likely to be 
 62.25  endangered or the child's emotional development impaired, the 
 62.26  court may order the local social services agency or the 
 62.27  department of court services to exercise continuing supervision 
 62.28  over the case under guidelines established by the court to 
 62.29  assure that the custodial or parenting time terms of the decree 
 62.30  are carried out. 
 62.31     Sec. 33.  Minnesota Statutes 2000, section 518.177, is 
 62.32  amended to read: 
 62.33     518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL 
 62.34  RIGHTS LAW.] 
 62.35     Every A court order and judgment and decree concerning 
 62.36  custody of or parenting time or visitation with a minor child 
 63.1   shall must contain the notice set out in section 518.68, 
 63.2   subdivision 2.  
 63.3      Sec. 34.  Minnesota Statutes 2000, section 518.178, is 
 63.4   amended to read: 
 63.5      518.178 [PARENTING TIME AND SUPPORT REVIEW HEARING.] 
 63.6      Upon motion of either party, the court shall must conduct a 
 63.7   hearing to review compliance with the parenting time and child 
 63.8   support provisions set forth in a decree of dissolution or legal 
 63.9   separation or an order that establishes child custody, parenting 
 63.10  time, and support rights and obligations of parents.  The state 
 63.11  court administrator shall must prepare, and each court 
 63.12  administrator shall must make available, simplified pro se forms 
 63.13  for reviewing parenting time and child support disputes.  The 
 63.14  court may impose any parenting time enforcement remedy available 
 63.15  under sections 518.175 and 518.1751, and any support enforcement 
 63.16  remedy available under section 518.551. 
 63.17     Sec. 35.  Minnesota Statutes 2000, section 518.179, 
 63.18  subdivision 1, is amended to read: 
 63.19     Subdivision 1.  [SEEKING CUSTODY OR PARENTING TIME.] (a) 
 63.20  Notwithstanding any contrary provision in section 518.17 or 
 63.21  518.175, if a person seeking child custody or parenting time who 
 63.22  has been convicted of a crime described in subdivision 2, the 
 63.23  person seeking custody or parenting time has the burden to prove 
 63.24  that custody or parenting time by that person is in the best 
 63.25  interests of the child if: 
 63.26     (1) the conviction occurred within the preceding five 
 63.27  years; 
 63.28     (2) the person is currently incarcerated, on probation, or 
 63.29  under supervised release for the offense; or 
 63.30     (3) the victim of the crime was a family or household 
 63.31  member as defined in section 518B.01, subdivision 2.  
 63.32     (b) If this section applies, the court may not grant 
 63.33  custody or parenting time to the person unless it finds that the 
 63.34  custody or parenting time is in the best interests of the 
 63.35  child.  If the victim of the crime was a family or household 
 63.36  member, the standard of proof is clear and convincing evidence.  
 64.1   A guardian ad litem must be appointed in any case where this 
 64.2   section applies. 
 64.3      Sec. 36.  Minnesota Statutes 2001 Supplement, section 
 64.4   518.18, is amended to read: 
 64.5      518.18 [MODIFICATION OF ORDER.] 
 64.6      (a) Unless agreed to in writing by the parties, no motion 
 64.7   to modify a custody order or parenting plan may be made earlier 
 64.8   than one year after the date of the entry of a decree of 
 64.9   dissolution or legal separation containing a provision dealing 
 64.10  with custody, except in accordance with paragraph (c). 
 64.11     (b) If a motion for modification has been heard, whether or 
 64.12  not it was granted, unless agreed to in writing by the parties 
 64.13  no subsequent motion may be filed within two years after 
 64.14  disposition of the prior motion on its merits, except: 
 64.15     (1) if otherwise agreed to in writing by the parties; or 
 64.16     (2) in accordance with paragraph (c). 
 64.17     (c) The time limitations prescribed in paragraphs (a) and 
 64.18  (b) shall do not prohibit a motion to modify a custody order or 
 64.19  parenting plan if the court finds that there is persistent and 
 64.20  willful denial or interference with parenting time, or has 
 64.21  reason to believe that the child's present environment may 
 64.22  endanger the child's physical or emotional health or impair the 
 64.23  child's emotional development. 
 64.24     (d) If the A court that has jurisdiction to determine child 
 64.25  custody matters, the court shall must not modify a prior custody 
 64.26  order or a parenting plan provision which that specifies the 
 64.27  child's primary residence unless it finds, upon the basis of 
 64.28  facts, including unwarranted denial of, or interference with, a 
 64.29  duly established parenting time schedule, that have arisen since 
 64.30  the prior order or that were unknown to the court at the time of 
 64.31  the prior order, that a change has occurred in the circumstances 
 64.32  of the child or the parties and that the modification is 
 64.33  necessary to serve the best interests of the child.  The court 
 64.34  must make its findings upon the basis of facts, including 
 64.35  unwarranted denial of, or interference with, a duly established 
 64.36  parenting time schedule, that have arisen since the prior order 
 65.1   or that were unknown to the court at the time of the prior 
 65.2   order.  In applying these standards the court shall must retain 
 65.3   the custody arrangement or the parenting plan provision 
 65.4   specifying the child's primary residence that was established by 
 65.5   the prior order unless: 
 65.6      (i) (1) the court finds that a change in the custody 
 65.7   arrangement or primary residence is in the best interests of the 
 65.8   child and the parties previously agreed, in a writing approved 
 65.9   by a court, to apply the best interests standard in section 
 65.10  518.17 or 257.025, as applicable; and, with respect to 
 65.11  agreements approved by a court on or after April 28, 2000, both 
 65.12  parties were represented by counsel when the agreement was 
 65.13  approved or the court found the parties were fully informed, the 
 65.14  agreement was voluntary, and the parties were aware of its 
 65.15  implications; 
 65.16     (ii) (2) both parties agree to the modification; 
 65.17     (iii) (3) the child has been integrated into the family of 
 65.18  the petitioner with the consent of the other party; or 
 65.19     (iv) (4) the child's present environment endangers the 
 65.20  child's physical or emotional health or impairs the child's 
 65.21  emotional development and the harm likely to be caused by a 
 65.22  change of environment is outweighed by the advantage of a change 
 65.23  to the child.  
 65.24     In addition, (e) A court may modify a custody order or 
 65.25  parenting plan under section 631.52.  
 65.26     (e) (f) In deciding whether to modify a prior joint custody 
 65.27  order, the court shall must apply the standards set forth in 
 65.28  paragraph (d) unless: 
 65.29     (1) the parties agree in writing to the application of a 
 65.30  different standard,; or 
 65.31     (2) the party seeking the modification is asking the court 
 65.32  for permission to move the residence of the child to another 
 65.33  state. 
 65.34     (f) If a parent has been granted sole physical custody of a 
 65.35  minor and the child subsequently lives with the other parent, 
 65.36  and temporary sole physical custody has been approved by the 
 66.1   court or by a court-appointed referee, 
 66.2      (g) The court may suspend the obligor's child support 
 66.3   obligation pending the a final custody determination if: 
 66.4      (1) the obligee has been granted sole physical custody of a 
 66.5   child; 
 66.6      (2) the child subsequently lives with the obligor; and 
 66.7      (3) a temporary sole custody order has been approved by the 
 66.8   court or a court-approved referee.  
 66.9   The court's A court order denying the suspension of child 
 66.10  support under this paragraph must include a written explanation 
 66.11  of the reasons why continuation of the child support obligation 
 66.12  would be in the best interests of the child. 
 66.13     (h) A party seeking modification of a custody order must 
 66.14  submit with moving papers an affidavit setting forth facts 
 66.15  supporting the requested modification.  The party must give 
 66.16  notice and a copy of the affidavit to other parties to the 
 66.17  proceeding, who may file opposing affidavits. 
 66.18     Sec. 37.  Minnesota Statutes 2001 Supplement, section 
 66.19  518.612, is amended to read: 
 66.20     518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 
 66.21  ORDER.] 
 66.22     Failure by a party to make support payments is not a 
 66.23  defense to:  
 66.24     (1) interference with parenting time; or 
 66.25     (2) without the permission of the court or the other 
 66.26  parent, removing a child from this state. 
 66.27     Interference with parenting time or taking a child from 
 66.28  this state without permission of the court or the other parent 
 66.29  is not a defense to nonpayment of support.  If a party fails to 
 66.30  make support payments, interferes with parenting time, or 
 66.31  removes a child from the state without permission of the court 
 66.32  or the other parent, the other party may petition the court for 
 66.33  an appropriate order.  
 66.34     (a) An obligor may not assert as a defense to failure to 
 66.35  pay child support that the obligee interfered with parenting 
 66.36  time or removed the child from the state without permission of 
 67.1   the obligor or the court. 
 67.2      (b) An obligee may not assert as a defense to interference 
 67.3   with parenting time or removing the child from the state without 
 67.4   permission of the obligor or the court, that the obligor failed 
 67.5   to pay child support. 
 67.6      (c) A party may petition the court for an appropriate order 
 67.7   if the other party: 
 67.8      (1) fails to make support payments; 
 67.9      (2) interferes with parenting time; or 
 67.10     (3) removes a child from this state without permission of 
 67.11  the court or the other parent. 
 67.12     Sec. 38.  Minnesota Statutes 2000, section 518.619, is 
 67.13  amended to read: 
 67.14     518.619 [CUSTODY OR VISITATION PARENTING TIME; MEDIATION 
 67.15  SERVICES.] 
 67.16     Subdivision 1.  [MEDIATION PROCEEDING.] Except as provided 
 67.17  in subdivision 2, if it appears on the face of the petition or 
 67.18  other application for an order or modification of an order for 
 67.19  the child custody of a child that custody or parenting time is 
 67.20  contested, or that any issue pertinent to a custody or parenting 
 67.21  time determination, including parenting time rights, is 
 67.22  unresolved, the matter may be set for mediation of the contested 
 67.23  issue prior to before, concurrent with, or subsequent to the 
 67.24  after setting of the matter for hearing.  The purpose of the 
 67.25  mediation proceeding is to reduce acrimony which that may exist 
 67.26  between the parties and to develop an agreement that is 
 67.27  supportive of the child's best interests.  The mediator shall 
 67.28  must use best efforts to effect a settlement of the custody or 
 67.29  parenting time dispute, but shall have has no coercive authority.
 67.30     Subd. 2.  [EXCEPTION.] If the court determines that there 
 67.31  is probable cause that one of the parties, or a child of a 
 67.32  party, has been physically or sexually abused by the other a 
 67.33  party, the court shall must not require or refer the parties to 
 67.34  mediation or any other process that requires parties to meet and 
 67.35  confer without counsel, if any, present. 
 67.36     Subd. 3.  [MEDIATOR APPOINTMENT.] In order to participate 
 68.1   in a custody mediation, a mediator must be appointed by the 
 68.2   family court.  A mediator must be a member of the professional 
 68.3   staff of a family court, probation department, mental health 
 68.4   services agency, or a private mediation service.  The mediator 
 68.5   must be on a list of mediators approved by the court having 
 68.6   jurisdiction of the matter, unless the parties stipulate to a 
 68.7   mediator not on the list.  
 68.8      Subd. 4.  [MEDIATOR QUALIFICATIONS.] A mediator who 
 68.9   performs mediation in contested child custody matters shall must 
 68.10  meet the following minimum qualifications: 
 68.11     (a) (1) knowledge of the court system and the procedures 
 68.12  used in contested child custody matters; 
 68.13     (b) (2) knowledge of other resources in the community to 
 68.14  which the parties to contested child custody matters can be 
 68.15  referred for assistance; 
 68.16     (c) (3) knowledge of child development, clinical issues 
 68.17  relating to children, the effects of marriage dissolution on 
 68.18  children, and child custody research; and 
 68.19     (d) (4) a minimum of 40 hours of certified mediation 
 68.20  training. 
 68.21     Subd. 5.  [RECORDS; PRIVATE DATA.] Mediation proceedings 
 68.22  shall must be conducted in private.  All records of a mediation 
 68.23  proceeding shall be are private and not available as evidence in 
 68.24  an action for marriage dissolution and related proceedings on 
 68.25  any issue in controversy in the dissolution.  
 68.26     Subd. 6.  [MEDIATOR RECOMMENDATIONS.] When the parties have 
 68.27  not reached agreement as a result of the mediation proceeding, 
 68.28  the mediator may recommend to the court that an investigation be 
 68.29  conducted under section 518.167, or that other action be taken 
 68.30  to assist the parties to resolve the controversy before hearing 
 68.31  on the issues.  The mediator may not conduct the investigation 
 68.32  or evaluation unless:  (1) the parties agree in a writing, 
 68.33  executed after the termination of mediation, that the mediator 
 68.34  may conduct the investigation or evaluation, or (2) there is no 
 68.35  other person reasonably available to conduct the investigation 
 68.36  or evaluation.  The mediator may recommend that mutual 
 69.1   restraining orders be issued in appropriate cases, pending 
 69.2   determination of the controversy, to protect the well-being of 
 69.3   the children involved in the controversy. 
 69.4      Subd. 7.  [MEDIATION AGREEMENT.] An agreement reached by 
 69.5   the parties as a result of mediation shall must be discussed by 
 69.6   the parties with their attorneys, if any, and.  The approved 
 69.7   agreement may then be included in the marital dissolution decree 
 69.8   or other stipulation submitted to the court.  An agreement 
 69.9   reached by the parties as a result of mediation may not be 
 69.10  presented to the court nor made enforceable unless the parties 
 69.11  and their counsel, if any, consent to its presentation to the 
 69.12  court, and the court adopts the agreement. 
 69.13     Subd. 8.  [RULES.] Each court shall must adopt rules to 
 69.14  implement this section, and shall must compile and maintain a 
 69.15  list of mediators. 
 69.16     Sec. 39.  [INSTRUCTION TO REVISOR.] 
 69.17     The revisor of statutes must renumber the sections in 
 69.18  Minnesota Statutes 2000 listed in column A as indicated in 
 69.19  column B and correct cross-references to those sections 
 69.20  throughout Minnesota Statutes and Minnesota Rules. 
 69.21          A                         B
 69.22  518.003, subd. 3           517B.01, subd. 2
 69.23  518.003, subd. 5           517B.01, subd. 3
 69.24  518.155                    517B.02
 69.25  518.156                    517B.13
 69.26  518.157                    517B.06
 69.27  518.158, subd. 1           517B.22, subd. 2
 69.28  518.158, subd. 2           517B.22, subd. 3
 69.29  518.158, subd. 3           517B.22, subd. 4
 69.30  518.158, subd. 4           517B.22, subd. 5
 69.31  518.158, subd. 5           517B.22, subd. 1
 69.32  518.165                    517B.08
 69.33  518.166                    517B.14
 69.34  518.167                    517B.15
 69.35  518.168                    517B.16
 69.36  518.1705                   517B.25
 70.1   518.175, subd. 1           517B.27, subd. 1
 70.2   518.175, subd. 1a          517B.27, subd. 2
 70.3   518.175, subd. 2           517B.27, subd. 3
 70.4   518.175, subd. 3           517B.27, subd. 4
 70.5   518.175, subd. 5           517B.27, subd. 6
 70.6   518.175, subd. 6           517B.27, subd. 7
 70.7   518.175, subd. 7           517B.30
 70.8   518.175, subd. 8           517B.27, subd. 8
 70.9   518.1751, subd. 1          517B.28, subd. 1
 70.10  518.1751, subd. 1a         517B.28, subd. 2
 70.11  518.1751, subd. 1b         517B.28, subd. 3
 70.12  518.1751, subd. 2          517B.28, subd. 6
 70.13  518.1751, subd. 2a         517B.28, subd. 7
 70.14  518.1751, subd. 2b         517B.28, subd. 4
 70.15  518.1751, subd. 2c         517B.28, subd. 5
 70.16  518.1751, subd. 3          517B.28, subd. 8
 70.17  518.1751, subd. 4          517B.28, subd. 13
 70.18  518.1751, subd. 4a         517B.28, subd. 9
 70.19  518.1751, subd. 5          517B.28, subd. 10
 70.20  518.1751, subd. 5a         517B.28, subd. 11
 70.21  518.1751, subd. 6          517B.28, subd. 12
 70.22  518.176                    517B.20
 70.23  518.177                    517B.04
 70.24  518.178                    517B.27, subd. 5
 70.25  518.179                    517B.09
 70.26  518.18                     517B.21
 70.27  518.183                    517B.26
 70.28  518.612                    517B.10
 70.29  518.619                    517B.07
 70.30     Sec. 40.  [REPEALER.] 
 70.31     Minnesota Statutes 2000, sections 518.17; and 518.185, are 
 70.32  repealed. 
 70.33                             ARTICLE 3 
 70.34                           CHILD SUPPORT 
 70.35     Section 1.  [517C.01] [TITLE.] 
 70.36     This chapter may be cited as the "Minnesota Child Support 
 71.1   Act." 
 71.2      Sec. 2.  [517C.02] [DEFINITIONS.] 
 71.3      Subdivision 1.  [SCOPE.] The definitions in this section 
 71.4   apply to this chapter. 
 71.5      Subd. 2.  [ARREARS.] "Arrears" means amounts owed under a 
 71.6   support order that are past due.  It includes child support, 
 71.7   pregnancy and confinement expenses, attorney fees, and any other 
 71.8   obligations addressed in a support order. 
 71.9      Subd. 3.  [BUSINESS DAY.] "Business day" means a day on 
 71.10  which state offices are open for regular business. 
 71.11     Subd. 4.  [CHILD.] "Child" means an individual under 18 
 71.12  years of age, an individual under age 20 who is still attending 
 71.13  secondary school, or an individual who, by reason of physical or 
 71.14  mental condition, is incapable of self-support. 
 71.15     Subd. 5.  [CHILD SUPPORT.] "Child support" means: 
 71.16     (1) an award in a dissolution, legal separation, annulment, 
 71.17  or parentage proceeding for the care, support, and education of 
 71.18  a child of the marriage or of the parties to the proceeding; 
 71.19     (2) a contribution by parents ordered under section 256.87; 
 71.20  or 
 71.21     (3) support ordered under chapter 518B or 518C.  
 71.22     Subd. 6.  [DEPOSIT ACCOUNT.] "Deposit account" means funds 
 71.23  deposited with a financial institution in the form of a savings 
 71.24  account, checking account, NOW account, or demand deposit 
 71.25  account. 
 71.26     Subd. 7.  [FINANCIAL INSTITUTION.] "Financial institution" 
 71.27  means a savings association, bank, trust company, credit union, 
 71.28  industrial loan and thrift company, bank and trust company, or 
 71.29  savings association, and includes a branch or detached facility 
 71.30  of a financial institution. 
 71.31     Subd. 8.  [OBLIGEE.] "Obligee" means a person to whom 
 71.32  payments for child support are owed. 
 71.33     Subd. 9.  [OBLIGOR.] "Obligor" means a person obligated to 
 71.34  pay child support.  A person who is designated as the sole 
 71.35  physical custodian of a child is presumed not to be an obligor 
 71.36  for purposes of calculating current support unless the court 
 72.1   makes specific written findings to overcome this presumption. 
 72.2      Subd. 10.  [PAYMENT.] "Payment" means the payment of child 
 72.3   support, child care support, medical support, and related 
 72.4   payments required by order of a tribunal, voluntary support, or 
 72.5   statutory fees. 
 72.6      Subd. 11.  [PAYOR OF FUNDS.] "Payor of funds" means a 
 72.7   person or entity that provides funds to an obligor, including an 
 72.8   employer as defined under chapter 24 of the Internal Revenue 
 72.9   Code, section 3401(d), an independent contractor, payor of 
 72.10  workers' compensation benefits or reemployment compensation, or 
 72.11  a financial institution as defined in section 13B.06. 
 72.12     Subd. 12.  [PUBLIC AUTHORITY.] "Public authority" means the 
 72.13  local unit of government, acting on behalf of the state, that is 
 72.14  responsible for child support enforcement or the child support 
 72.15  enforcement division of the department of human services. 
 72.16     Subd. 13.  [SUBSEQUENT CHILD.] "Subsequent child" means a 
 72.17  child born after the child who is the subject of the child 
 72.18  support proceeding. 
 72.19     Subd. 14.  [SUPPORT ORDER.] (a) "Support order" means a 
 72.20  judgment, decree, or order, whether temporary, final, or subject 
 72.21  to modification, issued by a court or administrative agency of 
 72.22  competent jurisdiction that: 
 72.23     (1) provides for the support of a child, including a child 
 72.24  who has attained the age of majority under the law of the 
 72.25  issuing state; 
 72.26     (2) provides for monetary support, child care, medical 
 72.27  support including expenses for confinement and pregnancy, 
 72.28  arrears, or reimbursement; and 
 72.29     (3) may include related costs and fees, interest and 
 72.30  penalties, income withholding, and other relief. 
 72.31     (b) The definition in paragraph (a) applies to orders 
 72.32  issued under this chapter and chapters 256, 257, 518B, and 518C. 
 72.33     Subd. 15.  [TRIBUNAL.] "Tribunal" has the meaning given in 
 72.34  section 518C.101. 
 72.35     Subd. 16.  [UNCLAIMED SUPPORT FUNDS.] "Unclaimed support 
 72.36  funds" means any support payments collected by the public 
 73.1   authority from the obligor, which have not been disbursed to the 
 73.2   obligee or public authority. 
 73.3      Sec. 3.  [517C.03] [PROCEDURAL RULES.] 
 73.4      The supreme court may promulgate rules to be used in child 
 73.5   support cases. 
 73.6      Sec. 4.  [517C.04] [CHILD SUPPORT ORDERS.] 
 73.7      Subdivision 1.  [ORDER.] (a) Upon dissolution of marriage, 
 73.8   legal separation, annulment, establishment of paternity, or when 
 73.9   otherwise required by statute, the court must order child 
 73.10  support as provided by this chapter. 
 73.11     (b) Nothing contained in this chapter limits the power of 
 73.12  the court to make appropriate, adequate orders for the support 
 73.13  and education of a child of the parties to a dissolution, legal 
 73.14  separation, or annulment action if the dissolution, legal 
 73.15  separation, or annulment is denied. 
 73.16     Subd. 2.  [PROVISIONS.] Child support orders must provide 
 73.17  for general child rearing costs, or basic needs, and must also 
 73.18  specifically address medical care and child care costs, 
 73.19  providing for those costs pursuant to this chapter. 
 73.20     Subd. 3.  [AGREEMENTS.] If the parties stipulate or agree 
 73.21  to a child support order, the court must review the agreement to 
 73.22  ensure it serves the best interests of the child.  The supreme 
 73.23  court may promulgate rules regarding the review of stipulations 
 73.24  and agreements.  The court may refuse to accept or may alter an 
 73.25  agreement that does not conform with the requirements of this 
 73.26  chapter or that is otherwise not in the best interests of the 
 73.27  child. 
 73.28     Subd. 4.  [PREFERENCE FOR SPECIFIC DOLLAR AMOUNT.] (a) 
 73.29  There is a presumption in favor of ordering child support in a 
 73.30  specific dollar amount, as opposed to a percentage of income. 
 73.31     (b) The court may order an obligor to pay child support in 
 73.32  the form of a percentage share of the obligor's net bonuses, 
 73.33  commissions, or other forms of compensation, in addition to, or 
 73.34  if the obligor receives no base pay, in lieu of an order for a 
 73.35  specific dollar amount. 
 73.36     Subd. 5.  [PREFERENCE FOR MONTHLY PAYMENT.] There is a 
 74.1   presumption in favor of ordering child support in an amount that 
 74.2   reflects an obligor's monthly obligation. 
 74.3      Subd. 6.  [PREFERENCE FOR STATIC PAYMENT.] (a) There is a 
 74.4   presumption in favor of ordering child support so that an 
 74.5   obligor makes the same monthly payments throughout the year, as 
 74.6   opposed to payment amounts that fluctuate by season or month.  
 74.7   If the obligor is seasonally employed, it is generally the 
 74.8   responsibility of the obligor to budget income accordingly. 
 74.9      Subd. 7.  [DEPARTURE.] The court may depart from a 
 74.10  presumption in subdivision 4, 5, or 6 if: 
 74.11     (1) all parties agree; or 
 74.12     (2) the presumption would impose an extreme hardship on the 
 74.13  obligor and would not be in the best interests of the child. 
 74.14     Subd. 8.  [CHILD SUPPORT TO BE DISTINGUISHED FROM 
 74.15  MAINTENANCE.] In a judgment of dissolution or legal separation, 
 74.16  the court must clearly distinguish between payments ordered for 
 74.17  maintenance and payments ordered for child support.  An award of 
 74.18  payments from future income or earnings of the parent with whom 
 74.19  the child resides is presumed to be maintenance and an award of 
 74.20  payments from the future income or earnings of the other parent 
 74.21  is presumed to be child support, unless otherwise designated by 
 74.22  the court. 
 74.23     Subd. 9.  [OTHER CUSTODIANS.] If a child resides with a 
 74.24  person other than a parent and the court approves of the custody 
 74.25  arrangement, the court may order child support payments to be 
 74.26  made to the custodian regardless of whether the person has legal 
 74.27  custody. 
 74.28     Subd. 10.  [EITHER PARENT LIABLE; MARITAL MISCONDUCT 
 74.29  IRRELEVANT.] The court may order either or both parents owing a 
 74.30  duty of support to a child to pay an amount reasonable or 
 74.31  necessary for the child's support, without regard to marital 
 74.32  misconduct. 
 74.33     Sec. 5.  [517C.05] [TEMPORARY ORDERS.] 
 74.34     Subdivision 1.  [MOTION; SCOPE.] In a child support 
 74.35  proceeding a party may, by motion, request that the court grant 
 74.36  a temporary order pending the final disposition of the 
 75.1   proceeding for temporary child support, costs, and reasonable 
 75.2   attorney fees.  Additionally, to facilitate the just and speedy 
 75.3   disposition of the proceeding, the court may require a party to 
 75.4   perform or refrain from performing additional acts. 
 75.5      Subd. 2.  [DURATION.] A temporary order continues in full 
 75.6   force and effect until: 
 75.7      (1) it is amended; 
 75.8      (2) it is vacated; 
 75.9      (3) the main action is dismissed; or 
 75.10     (4) a final decree of dissolution, legal separation, or 
 75.11  other final order is entered. 
 75.12     Subd. 3.  [FACTORS.] The court must consider the factors 
 75.13  set forth in this chapter in making temporary orders. 
 75.14     Subd. 4.  [EVIDENCE.] Temporary orders must be made solely 
 75.15  on the basis of affidavits and argument of counsel unless: 
 75.16     (1) a party makes a timely motion or responsive motion to 
 75.17  hear the matter on oral testimony before the court; or 
 75.18     (2) the court, in its discretion, orders the taking of oral 
 75.19  testimony. 
 75.20     Subd. 5.  [LIMITED EFFECT.] A temporary order does not 
 75.21  prejudice the rights of the parties or the child that are to be 
 75.22  adjudicated at subsequent hearings in the proceeding. 
 75.23     Subd. 6.  [MODIFICATION.] A temporary order may be revoked 
 75.24  or modified by the court before the final disposition of the 
 75.25  proceeding upon the same grounds and subject to the same 
 75.26  requirements as the initial granting of the order. 
 75.27     Sec. 6.  [517C.06] [DETERMINATION OF CONTROLLING ORDER.] 
 75.28     The public authority or a party may request the court to 
 75.29  determine a controlling order when more than one order involving 
 75.30  the same obligor and child exists. 
 75.31     Sec. 7.  [517C.07] [ATTORNEY FEES; COSTS AND 
 75.32  DISBURSEMENTS.] 
 75.33     Subdivision 1.  [GENERAL.] (a) Except as provided in 
 75.34  section 517C.84, in a proceeding under this chapter, the court 
 75.35  must award attorney fees, costs, and disbursements in an amount 
 75.36  necessary to enable a party to carry on or contest the 
 76.1   proceeding if: 
 76.2      (1) the fees are necessary for the good-faith assertion of 
 76.3   the party's rights in the proceeding and will not contribute 
 76.4   unnecessarily to the length and expense of the proceeding; 
 76.5      (2) the party from whom fees, costs, and disbursements are 
 76.6   sought has the means to pay them; and 
 76.7      (3) the party to whom fees, costs, and disbursements are 
 76.8   awarded does not have the means to pay them. 
 76.9      (b) Fees, costs, and disbursements may be awarded at any 
 76.10  point during or after a proceeding under this chapter, including 
 76.11  if a proceeding is dismissed or abandoned. 
 76.12     (c) The court may assess costs and disbursements against 
 76.13  either party. 
 76.14     Subd. 2.  [UNREASONABLE ACTIONS.] The court may, in its 
 76.15  discretion, assess additional fees, costs, and disbursements 
 76.16  against a party who unreasonably contributes to the length or 
 76.17  expense of the proceeding. 
 76.18     Subd. 3.  [COLLECTION.] The court may authorize the 
 76.19  collection of money awarded by execution, or out of property 
 76.20  sequestered, or in any other manner within the power of the 
 76.21  court.  An award of attorney fees survives the proceeding.  If 
 76.22  the award is not paid by the party directed to pay it, the award 
 76.23  may be enforced as provided by this subdivision or by a separate 
 76.24  civil action brought in the attorney's own name. 
 76.25     Sec. 8.  [517C.10] [EXCHANGE OF INFORMATION.] 
 76.26     Subdivision 1.  [DOCUMENTATION.] The parties must timely 
 76.27  serve and file documentation of earnings and income.  
 76.28  Documentation of earnings and income includes, but is not 
 76.29  limited to, pay stubs for the most recent three months, employer 
 76.30  statements, or statement of receipts and expenses if 
 76.31  self-employed.  Documentation of earnings and income also 
 76.32  includes copies of each parent's most recent federal tax 
 76.33  returns, W-2 forms, 1099 forms, reemployment compensation 
 76.34  statements, workers' compensation statements, and all other 
 76.35  documents evidencing the receipt of income that provide 
 76.36  verification of income over a longer period. 
 77.1      Subd. 2.  [ANNUAL EXCHANGE OF TAX RETURNS.] An obligor and 
 77.2   obligee must annually provide all other parties with a copy of 
 77.3   his or her federal tax return filed with the Internal Revenue 
 77.4   Service. 
 77.5      Subd. 3.  [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] An 
 77.6   obligor must notify other parties of a change of address or 
 77.7   residence within 60 days of the address or residence change. 
 77.8      Subd. 4.  [NOTICE TO PUBLIC AUTHORITY; PUBLIC ASSISTANCE.] 
 77.9   The petitioner must notify the public authority of all 
 77.10  proceedings for dissolution, legal separation, determination of 
 77.11  parentage, or for the custody of a child, if either party is 
 77.12  receiving public assistance or applies for it subsequent to the 
 77.13  commencement of the proceeding.  The notice must contain the 
 77.14  full names of the parties to the proceeding, their social 
 77.15  security account numbers, and their birth dates. 
 77.16     Subd. 5.  [FAILURE OF NOTICE.] If the court in a 
 77.17  dissolution, legal separation, or determination of parentage 
 77.18  proceeding, finds before issuing the order for judgment and 
 77.19  decree, that notification has not been given to the public 
 77.20  authority, the court must set child support according to the 
 77.21  guidelines in this chapter.  In those proceedings in which no 
 77.22  notification has been made pursuant to this section and in which 
 77.23  the public authority determines that the judgment is lower than 
 77.24  the child support required by the guidelines in this chapter, it 
 77.25  must move the court for a redetermination of the support 
 77.26  payments ordered so that the support payments comply with the 
 77.27  guidelines. 
 77.28     Sec. 9.  [517C.11] [PRIVACY PROTECTION; PERSONAL 
 77.29  PROTECTION.] 
 77.30     Subdivision 1.  [SOCIAL SECURITY NUMBERS; TAX RETURNS.] The 
 77.31  social security numbers and tax returns required under this 
 77.32  chapter are not accessible to the public, except that they must 
 77.33  be disclosed to the other parties to a proceeding as provided in 
 77.34  section 517C.10. 
 77.35     Subd. 2.  [MODIFICATION OF CERTAIN REQUIREMENTS.] The court 
 77.36  may modify or limit the information exchange requirements of 
 78.1   this chapter by order if necessary to protect a party from 
 78.2   contact by another party. 
 78.3      Subd. 3.  [ACCESS TO ADDRESS FOR SERVICE OF PROCESS.] (a) 
 78.4   If the public authority is a party or is providing services in a 
 78.5   support case, a party may obtain an ex parte order under this 
 78.6   subdivision.  The party may obtain an ex parte order requiring 
 78.7   the public authority to serve legal documents on the other party 
 78.8   by mail if the party submits a sworn affidavit to the court 
 78.9   stating that: 
 78.10     (1) the party needs to serve legal process in a support 
 78.11  proceeding and does not have access to the address of the other 
 78.12  party; 
 78.13     (2) the party has made reasonable efforts to locate the 
 78.14  other party; and 
 78.15     (3) the other party is not represented by counsel. 
 78.16     (b) The public authority must serve legal documents 
 78.17  provided by the moving party at the last known address of the 
 78.18  other party upon receipt of a court order under paragraph (a).  
 78.19  The public authority must provide for appropriate service and 
 78.20  must certify to all parties the date of service by mail.  The 
 78.21  public authority's proof of service must not include the place 
 78.22  or address of service. 
 78.23     (c) The state court administrator must prepare and make 
 78.24  available forms for use in seeking access to an address under 
 78.25  this subdivision. 
 78.26     Sec. 10.  [517C.12] [INCOME.] 
 78.27     Subdivision 1.  [SOURCES.] For purposes of this chapter, 
 78.28  income includes any form of periodic payment to an individual 
 78.29  including, but not limited to: 
 78.30     (1) wages; 
 78.31     (2) salaries; 
 78.32     (3) payments to an independent contractor; 
 78.33     (4) workers' compensation; 
 78.34     (5) reemployment compensation; 
 78.35     (6) annuity; 
 78.36     (7) military and naval retirement; 
 79.1      (8) pension and disability payments; and 
 79.2      (9) in-kind payments received by the obligor in the course 
 79.3   of employment, self-employment, or operation of a business if 
 79.4   the payments reduce the obligor's living expenses. 
 79.5      Subd. 2.  [COMMISSIONS; BONUSES.] If the court finds that a 
 79.6   party's commissions or bonuses are reliable and predictable, the 
 79.7   court may include them in income calculations. 
 79.8      Subd. 3.  [SELF-EMPLOYMENT; INDEPENDENT CONTRACTORS.] (a) 
 79.9   Income from self-employment is equal to gross receipts minus 
 79.10  ordinary and necessary expenses.  Ordinary and necessary 
 79.11  expenses include what would otherwise be the employer's share of 
 79.12  the contributions under the Federal Insurance Contributions Act 
 79.13  (FICA), United States Code, title 26, subtitle C, chapter 21, 
 79.14  subchapter A, sections 3101 to 3126.  Ordinary and necessary 
 79.15  expenses do not necessarily include amounts allowed by the 
 79.16  Internal Revenue Service for accelerated depreciation expenses 
 79.17  or investment tax credits or any other business expenses 
 79.18  determined by the court to be inappropriate for determining 
 79.19  income for purposes of child support.  The person seeking to 
 79.20  deduct an expense, including depreciation, has the burden of 
 79.21  proving, if challenged, that the expense is ordinary and 
 79.22  necessary.  Income calculated under this section may be 
 79.23  different from taxable income. 
 79.24     Subd. 4.  [PUBLIC ASSISTANCE EXCLUSIONS.] Benefits received 
 79.25  under chapter 256J and Title IV-A of the Social Security Act are 
 79.26  not income under this section. 
 79.27     Subd. 5.  [OVERTIME.] (a) Income does not include 
 79.28  compensation received by a party for employment in excess of a 
 79.29  40-hour work week if: 
 79.30     (1) the excess employment is not within the normal range of 
 79.31  hours worked, given the party's employment history; 
 79.32     (2) the excess employment is voluntary and not a condition 
 79.33  of employment; 
 79.34     (3) the excess employment is in the nature of additional, 
 79.35  part-time or overtime employment compensable by the hour or 
 79.36  fraction of an hour; and 
 80.1      (4) the party's compensation structure has not been changed 
 80.2   for the purpose of affecting a child support obligation. 
 80.3      (b) The court may presume that a party with seasonal or 
 80.4   intermittent income who works periods in excess of a 40-hour 
 80.5   work week, but who works a substantially normal number of hours 
 80.6   over the course of a year, is working within the normal range of 
 80.7   hours worked. 
 80.8      Subd. 6.  [INCOME OF A SPOUSE OR OTHER HOUSEHOLD 
 80.9   MEMBER.] (a) Income must not include the income of a party's 
 80.10  spouse or other household member.  The court must not consider 
 80.11  the income or resources provided by a spouse or other household 
 80.12  member when determining all the earnings, income, and resources 
 80.13  of a parent under section 517C.17. 
 80.14     (b) Notwithstanding paragraph (a), the court may issue an 
 80.15  order permitting discovery of a spouse or other household 
 80.16  member's income information if there is probable cause to 
 80.17  believe the spouse or other household member is being used to 
 80.18  shelter income from a party.  If the court finds that income was 
 80.19  improperly or unfairly sheltered, it may impute income to the 
 80.20  party or otherwise adjust the support amount in a just and 
 80.21  proper manner.  However, the court may not under any 
 80.22  circumstances consider income or resources properly attributable 
 80.23  to a spouse or other household member when setting support. 
 80.24     Sec. 11.  [517C.125] [NET INCOME.] 
 80.25     (a) "Net income" means total monthly income under section 
 80.26  517C.12 minus: 
 80.27     (1) federal income tax; 
 80.28     (2) state income tax; 
 80.29     (3) social security deductions; 
 80.30     (4) reasonable pension deductions; 
 80.31     (5) union dues; 
 80.32     (6) cost of dependent health insurance coverage; 
 80.33     (7) cost of individual or group health and hospitalization 
 80.34  coverage or an amount for actual medical expenses; and 
 80.35     (8) a child support or maintenance order that an obligor 
 80.36  currently pays. 
 81.1      (b) Standard deductions apply to paragraph (a), clauses (1) 
 81.2   and (2).  The use of tax tables is recommended in determining 
 81.3   the amounts under paragraph (a), clauses (1) and (2). 
 81.4      Sec. 12.  [517C.13] [IMPUTED INCOME.] 
 81.5      Subdivision 1.  [NONAPPEARANCE OF A PARTY.] If a parent 
 81.6   under the jurisdiction of the court does not appear at a court 
 81.7   hearing after proper notice of the time and place of the 
 81.8   hearing, the court must set income for that parent based on 
 81.9   credible evidence before the court or in accordance with 
 81.10  subdivision 3.  Credible evidence may include documentation of 
 81.11  current or recent income, testimony of the other parent 
 81.12  concerning recent earnings and income levels, and the parent's 
 81.13  wage reports filed with the Minnesota department of economic 
 81.14  security under section 268.044. 
 81.15     Subd. 2.  [VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT.] (a) 
 81.16  If the court finds that a parent is voluntarily unemployed or 
 81.17  underemployed or was voluntarily unemployed or underemployed 
 81.18  during the period for which past support is being sought, 
 81.19  support must be calculated based on a determination of imputed 
 81.20  income. 
 81.21     (b) A parent is not considered voluntarily unemployed or 
 81.22  underemployed upon a showing by the parent that: 
 81.23     (1) the unemployment or underemployment is temporary and 
 81.24  will ultimately lead to an increase in income; 
 81.25     (2) the unemployment or underemployment represents a bona 
 81.26  fide career change that outweighs the adverse effect of that 
 81.27  parent's diminished income on the child; 
 81.28     (3) the parent is a recipient of public assistance under 
 81.29  section 256.741; or 
 81.30     (4) the parent is physically or mentally incapacitated. 
 81.31     (c) Imputed income means the estimated earning ability of a 
 81.32  parent based on the parent's prior earnings history, education, 
 81.33  and job skills, and on availability of jobs within the community 
 81.34  for an individual with the parent's qualifications. 
 81.35     Subd. 3.  [INSUFFICIENT INFORMATION.] If there is 
 81.36  insufficient information to determine actual income or to impute 
 82.1   income pursuant to subdivision 1 or 2, the court may calculate 
 82.2   support based on full-time employment of 40 hours per week at 
 82.3   150 percent of the federal minimum wage or the Minnesota minimum 
 82.4   wage, whichever is higher. 
 82.5      Sec. 13.  [517C.14] [PRESUMPTIVE CHILD SUPPORT ORDER; 
 82.6   GENERAL.] 
 82.7      Subdivision 1.  [REBUTTABLE PRESUMPTION.] The guidelines in 
 82.8   sections 517C.12 to 517C.16 are a rebuttable presumption and 
 82.9   must be used in all cases when establishing or modifying child 
 82.10  support. 
 82.11     Subd. 2.  [MINIMUM SUPPORT AMOUNT.] If the obligor's net 
 82.12  monthly income is $550 or below, the court must order child 
 82.13  support based on the obligor's ability to provide support at the 
 82.14  obligor's income level, or at higher levels, if the obligor has 
 82.15  the earning ability. 
 82.16     Subd. 3.  [CHILD SUPPORT CAP.] (a) The dollar amount of the 
 82.17  income limit for application of the table under section 517C.16 
 82.18  must be adjusted on July 1 of every even-numbered year to 
 82.19  reflect cost-of-living changes.  The supreme court must select 
 82.20  the index for the adjustment from the indices listed in section 
 82.21  517C.31, subdivision 3.  The state court administrator must make 
 82.22  the changes in the dollar amount required by this subdivision 
 82.23  available to courts and the public on or before April 30 of the 
 82.24  year in which the amount is to change. 
 82.25     (b) A court may order a basic needs obligation in a child 
 82.26  support order in an amount that exceeds the limit in paragraph 
 82.27  (a) if it finds that a child has a disability or other 
 82.28  substantial, demonstrated need for the additional support and 
 82.29  that the additional support will directly benefit the child. 
 82.30     Subd. 4.  [CHILD'S INSURANCE BENEFIT.] In establishing or 
 82.31  modifying child support, if a child receives a child's insurance 
 82.32  benefit under United States Code, title 42, section 402, because 
 82.33  the obligor is entitled to old age or disability insurance 
 82.34  benefits, the amount of support ordered must be offset by the 
 82.35  amount of the child's benefit.  The court must make findings 
 82.36  regarding the obligor's income from all sources, the child 
 83.1   support amount calculated under this chapter, the amount of the 
 83.2   child's benefit, and the obligor's child support obligation.  A 
 83.3   benefit received by the child in a given month in excess of the 
 83.4   child support obligation must not be treated as a payment of 
 83.5   arrears or a future payment. 
 83.6      Sec. 14.  [517C.15] [MEDICAL SUPPORT.] 
 83.7      Subdivision 1.  [ERISA COMPLIANCE.] Compliance with this 
 83.8   section constitutes compliance with a qualified medical child 
 83.9   support order as described in the federal Employee Retirement 
 83.10  Income Security Act of 1974 (ERISA) as amended by the federal 
 83.11  Omnibus Budget Reconciliation Act of 1993 (OBRA). 
 83.12     Subd. 2.  [DENTAL INSURANCE AND EXPENSES; OTHER 
 83.13  EXPENSES.] Unless the context clearly indicates otherwise: 
 83.14     (1) "health insurance" includes dental insurance; and 
 83.15     (2) "medical expenses" includes, but is not limited to, 
 83.16  necessary dental, orthodontia, and eye care, including 
 83.17  prescription lenses. 
 83.18     Subd. 3.  [ORDER.] (a) A child support order must: 
 83.19     (1) expressly assign or reserve the responsibility for 
 83.20  maintaining health insurance for the child; 
 83.21     (2) expressly assign or reserve the division of uninsured 
 83.22  medical expenses; and 
 83.23     (3) contain the names, last known addresses, and social 
 83.24  security numbers of the obligor, obligee, and the child unless 
 83.25  the court prohibits the inclusion of an address or social 
 83.26  security number and orders the obligee to provide the address 
 83.27  and social security number to the administrator of the health 
 83.28  plan. 
 83.29     Subd. 4.  [COVERAGE.] (a) The court must order the party 
 83.30  with the better group dependent health insurance coverage or 
 83.31  health insurance plan to name the minor child as beneficiary on 
 83.32  a health insurance plan that is available to the party: 
 83.33     (1) on a group basis; 
 83.34     (2) through an employer or union; or 
 83.35     (3) through a group health plan governed under ERISA and 
 83.36  included within the definitions relating to health plans found 
 84.1   in section 62A.011, 62A.048, or 62E.06, subdivision 2. 
 84.2      (b) "Health insurance" or "health insurance coverage" as 
 84.3   used in this section means coverage that is comparable to or 
 84.4   better than a number two qualified plan as defined in section 
 84.5   62E.06, subdivision 2.  Health insurance or health insurance 
 84.6   coverage as used in this section does not include medical 
 84.7   assistance provided under chapter 256, 256B, 256J, 256K, or 256D.
 84.8      (c) If more than one plan is available, the child must be 
 84.9   enrolled in the least costly health insurance plan otherwise 
 84.10  available to the obligor that is comparable to a number two 
 84.11  qualified plan. 
 84.12     Subd. 5.  [DIVISION OF COSTS.] (a) Unless otherwise agreed 
 84.13  by the parties and approved by the court, the court must order 
 84.14  that the cost of health insurance and medical expenses be 
 84.15  divided between the obligor and obligee based on their 
 84.16  proportionate share of their total net income under section 
 84.17  517C.125, if the court finds that the obligee: 
 84.18     (1) is not receiving public assistance for the child; and 
 84.19     (2) has the financial ability to contribute to the health 
 84.20  insurance costs and medical expenses for the child. 
 84.21     (b) The court must order the obligor to pay for a portion 
 84.22  or all of the child's medical expenses not covered by the 
 84.23  required health insurance, if the court finds: 
 84.24     (1) the available dependent health insurance does not pay 
 84.25  all of the child's reasonable and necessary medical expenses, 
 84.26  including any existing or anticipated extraordinary medical 
 84.27  expenses; and 
 84.28     (2) the obligor has the financial ability to contribute to 
 84.29  the payment of these medical expenses. 
 84.30     Subd. 6.  [EMPLOYER OR GROUP INSURANCE NOT AVAILABLE.] If 
 84.31  the court finds that dependent health insurance is not available 
 84.32  to the obligor or obligee on a group basis or through an 
 84.33  employer or union, or that group insurance is not accessible to 
 84.34  the obligee, the court may require the obligor to: 
 84.35     (1) obtain other dependent health insurance; 
 84.36     (2) be liable for reasonable and necessary medical expenses 
 85.1   of the child; or 
 85.2      (3) pay no less than $50 per month to be applied to the 
 85.3   child's medical expenses or to the cost of health insurance 
 85.4   dependent coverage. 
 85.5      Subd. 7.  [OBLIGOR LIABILITY.] (a) An obligor who fails to 
 85.6   maintain health insurance for the child's benefit as ordered or 
 85.7   fails to provide other medical support as ordered is liable to 
 85.8   the obligee for medical expenses incurred from the effective 
 85.9   date of the court order, including health insurance premiums 
 85.10  paid by the obligee because of the obligor's failure to obtain 
 85.11  coverage as ordered. 
 85.12     (b) Proof of failure to maintain insurance or noncompliance 
 85.13  with an order to provide other medical support constitutes a 
 85.14  showing of increased need by the obligee pursuant to section 
 85.15  517C.28 and provides a basis for a modification of the obligor's 
 85.16  child support order. 
 85.17     (c) Payments for services rendered to the dependents that 
 85.18  are directed to the obligor, in the form of reimbursement by the 
 85.19  health insurance carrier or employer, must be endorsed over to 
 85.20  and forwarded to the vendor, obligee, or public authority when 
 85.21  the reimbursement is not owed to the obligor.  An obligor 
 85.22  retaining insurance reimbursement not owed to the obligor may be 
 85.23  found in contempt of court and held liable for the amount of the 
 85.24  reimbursement. 
 85.25     (d) Upon written verification by the health insurance 
 85.26  carrier or employer of the amounts paid to the obligor, the 
 85.27  reimbursement amount is subject to all enforcement remedies 
 85.28  available under this chapter. 
 85.29     Subd. 8.  [SUBSTITUTE COVERAGE; ADDITIONAL SUPPORT.] For 
 85.30  the purpose of enforcement, the costs of individual or group 
 85.31  health insurance coverage, all medical expenses ordered by the 
 85.32  court to be paid by the obligor, including health insurance 
 85.33  premiums paid by the obligee because of the obligor's failure to 
 85.34  obtain coverage as ordered, or liabilities established pursuant 
 85.35  to this section, are considered additional child support. 
 85.36     Subd. 9.  [OBLIGEE CONTEMPT.] An obligee who fails to apply 
 86.1   payments received to the medical expenses of the dependents may 
 86.2   be found in contempt of court. 
 86.3      Subd. 10.  [SPOUSAL OR EX-SPOUSAL COVERAGE.] The court must 
 86.4   require the obligor to provide dependent health insurance for 
 86.5   the obligee's benefit if it is available at no additional cost 
 86.6   to the obligor.  If coverage is available at no additional cost 
 86.7   to the obligor, the provisions of this section apply. 
 86.8      Subd. 11.  [EMPLOYER AND OBLIGOR RESPONSIBILITY.] If 
 86.9   medical support is required to be withheld, an obligor must 
 86.10  notify an employer at the time of hiring.  If an employee 
 86.11  discloses that medical support is required to be withheld, the 
 86.12  employer must begin withholding according to the terms of the 
 86.13  order and the income withholding provisions of this chapter.  If 
 86.14  an individual discloses an obligation to obtain dependent health 
 86.15  insurance coverage and coverage is available through the 
 86.16  employer, the employer must make all application processes known 
 86.17  to the individual upon hiring and enroll the employee and 
 86.18  dependent in the plan. 
 86.19     Subd. 12.  [NOTICE TO EMPLOYER BY COURT OR OBLIGEE.] (a) 
 86.20  The court may send notice of the medical support order to the 
 86.21  obligor's employer, union, or health insurance carrier. 
 86.22     (b) The obligee or public authority may send notice of the 
 86.23  medical support order to the obligor's employer, union, or 
 86.24  health insurance carrier if: 
 86.25     (1) the obligor fails to provide written proof to the 
 86.26  obligee or the public authority, within 30 days of the effective 
 86.27  date of the court order, that the insurance has been obtained; 
 86.28     (2) the obligee or the public authority serves written 
 86.29  notice of its intent to enforce medical support on the obligor 
 86.30  by mail at the obligor's last known address; and 
 86.31     (3) the obligor fails within 15 days after the mailing of 
 86.32  the notice to provide written proof to the obligee or the public 
 86.33  authority that the insurance coverage existed as of the date of 
 86.34  mailing. 
 86.35     (c) The employer or union must forward a copy of the order 
 86.36  to the health insurance plan offered by the employer. 
 87.1      Subd. 13.  [ORDER BINDING ON EMPLOYER.] (a) The order is 
 87.2   binding on the employer or union and the health insurance plan 
 87.3   when service under subdivision 12 has been made.  In the case of 
 87.4   an obligor who changes employment and is required to provide 
 87.5   health insurance coverage for the child, a new employer that 
 87.6   provides health insurance coverage must enroll the child in the 
 87.7   obligor's health plan upon receipt of an order or notice for 
 87.8   health insurance. 
 87.9      Subd. 14.  [EMPLOYER REQUIREMENTS.] (a) An employer or 
 87.10  union that is included under ERISA may not deny enrollment based 
 87.11  on exclusionary clauses described in section 62A.048.  
 87.12  Enrollment is not subject to the underwriting policies described 
 87.13  in section 62A.048. 
 87.14     (b) Upon application of the obligor according to the order 
 87.15  or notice, the employer or union and its health insurance plan 
 87.16  must enroll the child as a beneficiary in the group insurance 
 87.17  plan and withhold any required premium from the obligor's income 
 87.18  or wages. 
 87.19     (c) If more than one plan is offered by the employer or 
 87.20  union, the child must be enrolled in the least costly health 
 87.21  insurance plan otherwise available to the obligor that is 
 87.22  comparable to a number two qualified plan. 
 87.23     (d) If the obligor is not enrolled in a health insurance 
 87.24  plan, the employer or union must also enroll the obligor in the 
 87.25  chosen plan if enrollment of the obligor is necessary in order 
 87.26  to obtain dependent coverage under the plan. 
 87.27     (e) Enrollment of dependents and the obligor must be 
 87.28  immediate and not dependent upon open enrollment periods. 
 87.29     (f) The obligor's failure to execute the documents 
 87.30  necessary to enroll the dependent in the group health insurance 
 87.31  plan will not affect the obligation of the employer or union and 
 87.32  group health insurance plan to enroll the dependent in a plan.  
 87.33  Information and authorization provided by the public authority, 
 87.34  obligee, or a guardian is valid for the purposes of meeting the 
 87.35  health plan's enrollment requirements. 
 87.36     (g) Insurance coverage for an eligible child must not be 
 88.1   terminated except as authorized in subdivision 21. 
 88.2      Subd. 15.  [EMPLOYER LIABILITY.] An employer or union that 
 88.3   willfully fails to comply with a medical support order is liable 
 88.4   for medical expenses incurred by the dependents during the 
 88.5   period of time the dependents were eligible to be enrolled in 
 88.6   the insurance program, and for other premium costs incurred 
 88.7   because the employer or union willfully failed to comply with 
 88.8   the order.  An employer or union that fails to comply with the 
 88.9   order is subject to contempt under section 517C.57 and is also 
 88.10  subject to a fine of $500 to be paid to the obligee or public 
 88.11  authority.  Fines paid to the public authority are designated 
 88.12  for child support enforcement services. 
 88.13     Subd. 16.  [REIMBURSEMENT; CLAIMS.] The obligee's signature 
 88.14  is a valid authorization to a health insurance plan for purposes 
 88.15  of processing an insurance reimbursement payment to a provider 
 88.16  of medical services or to the obligee if medical services have 
 88.17  been prepaid by the obligee. 
 88.18     Subd. 17.  [CORRESPONDENCE.] The health insurance plan must 
 88.19  send copies of all correspondence regarding the insurance 
 88.20  coverage to both parents. 
 88.21     Subd. 18.  [NOTICE OF TERMINATION.] When an order for 
 88.22  dependent insurance coverage is in effect and the obligor's 
 88.23  employment is terminated, or the insurance coverage is 
 88.24  terminated, the health insurance plan must notify the obligee 
 88.25  within ten days of the termination date with notice of 
 88.26  conversion privileges. 
 88.27     Subd. 19.  [RELEASE OF INFORMATION.] (a) When an order for 
 88.28  dependent insurance coverage is in effect, the obligor's 
 88.29  employer, union, or insurance agent must release to the obligee 
 88.30  or the public authority, upon request, information on the 
 88.31  dependent coverage, including the health insurance carrier's or 
 88.32  employer's name.  The employer, union, or health insurance plan 
 88.33  must provide the obligee with insurance identification cards and 
 88.34  all necessary written information to enable the obligee to 
 88.35  utilize the insurance benefits for the covered dependents.  
 88.36  Notwithstanding any other law, information reported pursuant to 
 89.1   section 268.044 must be released to the public authority. 
 89.2      (b) The public authority is authorized to release to the 
 89.3   obligor's health insurance carrier or employer information 
 89.4   necessary to obtain or enforce medical support. 
 89.5      Subd. 20.  [CONTEST.] (a) The obligor may contest the 
 89.6   child's enrollment in an available health plan on the limited 
 89.7   grounds that the enrollment is improper due to a mistake of fact 
 89.8   or on grounds permitted under section 517C.28.  If the obligor 
 89.9   chooses to contest the enrollment, no later than 15 days after 
 89.10  the employer notifies the obligor of the enrollment, the obligor 
 89.11  must: 
 89.12     (1) file a request for a contested hearing under section 
 89.13  484.702; 
 89.14     (2) serve a copy of the request for a contested hearing on 
 89.15  the public authority and the obligee; and 
 89.16     (3) secure a date for the contested hearing no later than 
 89.17  45 days after the notice of enrollment. 
 89.18     (b) The enrollment must remain in place during the time 
 89.19  period in which the obligor contests the withholding. 
 89.20     Subd. 21.  [DISENROLLMENT.] (a) A minor child that an 
 89.21  obligor is required to cover as a beneficiary pursuant to this 
 89.22  section is eligible for insurance coverage as a dependent of the 
 89.23  obligor until the child is emancipated or until further order of 
 89.24  the court. 
 89.25     (b) The health insurance carrier or employer may not 
 89.26  disenroll or eliminate coverage of the child unless: 
 89.27     (1) the health insurance carrier or employer is provided 
 89.28  satisfactory written evidence that the court order is no longer 
 89.29  in effect; 
 89.30     (2) the child is or will be enrolled in comparable health 
 89.31  insurance coverage through another health insurance plan that 
 89.32  will take effect no later than the effective date of the 
 89.33  disenrollment; 
 89.34     (3) the employer has eliminated family health coverage for 
 89.35  all of its employees; or 
 89.36     (4) the required premium has not been paid by or on behalf 
 90.1   of the child. 
 90.2      (c) If disenrollment or elimination of the child's coverage 
 90.3   under this subdivision is based upon nonpayment of premium, the 
 90.4   health insurance plan must provide 30 days' written notice to 
 90.5   the obligee prior to the disenrollment or elimination of 
 90.6   coverage. 
 90.7      Sec. 15.  [517C.155] [CHILD CARE SUPPORT.] 
 90.8      (a) The court must review an obligee's work-related and 
 90.9   education-related child care costs and allocate the costs to 
 90.10  each parent in proportion to each parent's net income, as 
 90.11  determined under section 517C.125.  The allocation of costs must 
 90.12  occur after the transfer of child support and spousal 
 90.13  maintenance, unless the allocation would be substantially unfair 
 90.14  to either parent.  There is a presumption of substantial 
 90.15  unfairness if, after the sum total of child support, spousal 
 90.16  maintenance, and child care costs is subtracted from the 
 90.17  obligor's income, the income is at or below 100 percent of the 
 90.18  federal poverty guidelines. 
 90.19     (b) The cost of child care for purposes of this section is 
 90.20  75 percent of the actual cost paid for child care, to reflect 
 90.21  the approximate value of state and federal tax credits available 
 90.22  to the obligee.  The actual cost paid for child care is the 
 90.23  total amount received by the child care provider from the 
 90.24  obligee or any public agency for the obligor's child or children.
 90.25     (c) The court must require verification of employment or 
 90.26  school attendance and documentation of child care expenses from 
 90.27  the obligee and the public authority, if applicable. 
 90.28     (d) If child care expenses fluctuate during the year 
 90.29  because of seasonal employment or school attendance of the 
 90.30  obligee or extended periods of parenting time with the obligor, 
 90.31  the court must determine child care expenses based on an average 
 90.32  monthly cost. 
 90.33     (e) The amount allocated for child care expenses is 
 90.34  considered child support but is not subject to a cost-of-living 
 90.35  adjustment under section 517C.31. 
 90.36     (f) The amount allocated for child care expenses terminates 
 91.1   when either party notifies the public authority that the child 
 91.2   care costs have ended and without any legal action on the part 
 91.3   of either party.  The public authority must verify the 
 91.4   information received under this paragraph before authorizing 
 91.5   termination.  The termination is effective as of the date of the 
 91.6   notification.  In other cases where there is a substantial 
 91.7   increase or decrease in child care expenses, the parties may 
 91.8   modify the order under section 517C.28. 
 91.9      (g) The court may allow the parent with whom the child does 
 91.10  not reside to care for the child while the parent with whom the 
 91.11  child resides is working, as provided in section 517B.27, 
 91.12  subdivision 8.  Allowing the parent with whom the child does not 
 91.13  reside to care for the child under section 517B.27, subdivision 
 91.14  8, is not a reason to deviate from the guidelines. 
 91.15     Sec. 16.  [517C.16] [CHILD SUPPORT; BASIC NEEDS.] 
 91.16     (a) The court must derive a basic needs child support 
 91.17  obligation by multiplying the obligor's monthly net income by 
 91.18  the percentage indicated in the following table: 
 91.19  Obligor's Net             Number of Children 
 91.20  Income per Month 
 91.21                1     2     3     4     5     6    7 or 
 91.22                                                   more 
 91.23  $551 - 600   16%   19%   22%   25%   28%   30%   32% 
 91.24  $601 - 650   17%   21%   24%   27%   29%   32%   34% 
 91.25  $651 - 700   18%   22%   25%   28%   31%   34%   36% 
 91.26  $701 - 750   19%   23%   27%   30%   33%   36%   38% 
 91.27  $751 - 800   20%   24%   28%   31%   35%   38%   40% 
 91.28  $801 - 850   21%   25%   29%   33%   36%   40%   42% 
 91.29  $851 - 900   22%   27%   31%   34%   38%   41%   44% 
 91.30  $901 - 950   23%   28%   32%   36%   40%   43%   46% 
 91.31  $951 - 1000  24%   29%   34%   38%   41%   45%   48% 
 91.32  $1001- 5000  25%   30%   35%   39%   43%   47%   50% 
 91.33  or the amount 
 91.34  in effect under
 91.35  section 517C.14,
 91.36  subdivision 3. 
 92.1      (b) If the obligor's monthly net income is $550 or below, 
 92.2   the court must order a minimum child support amount under 
 92.3   section 517C.14, subdivision 2. 
 92.4      (c) If the obligor's monthly net income exceeds the income 
 92.5   limit currently in effect under section 517C.14, subdivision 3, 
 92.6   the basic needs child support amount must be the same dollar 
 92.7   amount provided for in paragraph (a) for an obligor with a 
 92.8   monthly net income equal to the income limit in effect. 
 92.9      Sec. 17.  [517C.17] [DEVIATIONS.] 
 92.10     Subdivision 1.  [GENERAL FACTORS.] In addition to the child 
 92.11  support guidelines, the court must take into consideration the 
 92.12  following factors in setting or modifying child support or in 
 92.13  determining whether to deviate from the guidelines: 
 92.14     (1) all earnings, income, and resources of the parents, 
 92.15  including real and personal property, but excluding income from 
 92.16  excess employment of the obligor or obligee that meets the 
 92.17  criteria of section 517C.12, subdivision 5; 
 92.18     (2) the financial needs and resources, physical and 
 92.19  emotional condition, and educational needs of the child to be 
 92.20  supported; 
 92.21     (3) the standard of living the child would have enjoyed had 
 92.22  the marriage not been dissolved, but recognizing that the 
 92.23  parents now have separate households; 
 92.24     (4) which parent receives the income taxation dependency 
 92.25  exemption and the financial benefit the parent receives from it; 
 92.26     (5) the parents' debts as provided in subdivision 2; and 
 92.27     (6) the obligor's receipt of public assistance under the 
 92.28  AFDC program formerly codified under sections 256.72 to 256.82 
 92.29  or 256B.01 to 256B.40 and chapter 256J or 256K. 
 92.30     Subd. 2.  [DEBT.] In establishing or modifying a support 
 92.31  obligation, the court may consider debts owed to private 
 92.32  creditors, but only if: 
 92.33     (1) the right to support has not been assigned under 
 92.34  section 256.741; 
 92.35     (2) the court determines that the debt was reasonably 
 92.36  incurred for necessary support of the child or parent or for the 
 93.1   necessary generation of income.  If the debt was incurred for 
 93.2   the necessary generation of income, the court may consider only 
 93.3   the amount of debt that is essential to the continuing 
 93.4   generation of income; and 
 93.5      (3) the party requesting a departure produces a sworn 
 93.6   schedule of the debts, with supporting documentation, showing 
 93.7   goods or services purchased, the recipient of them, the amount 
 93.8   of the original debt, the outstanding balance, the monthly 
 93.9   payment, and the number of months until the debt will be fully 
 93.10  paid. 
 93.11     (b) A schedule prepared under paragraph (a), clause (3), 
 93.12  must contain a statement that the debt will be fully paid after 
 93.13  the number of months shown in the schedule, barring emergencies 
 93.14  beyond the party's control. 
 93.15     (c) Any further departure below the guidelines that is 
 93.16  based on a consideration of debts owed to private creditors must 
 93.17  not exceed 18 months in duration.  After 18 months the support 
 93.18  must increase automatically to the level ordered by the court.  
 93.19  This section does not prohibit one or more step increases in 
 93.20  support to reflect debt retirement during the 18-month period. 
 93.21     (d) If payment of debt is ordered pursuant to this section, 
 93.22  the payment must be ordered to be in the nature of child support.
 93.23     Subd. 3.  [EVIDENCE.] The court may receive evidence on the 
 93.24  factors in this section to determine if the guidelines should be 
 93.25  exceeded or modified in a particular case. 
 93.26     Subd. 4.  [NO DEVIATION WHEN PAYMENTS ARE MADE TO THE 
 93.27  PUBLIC AUTHORITY EXCEPT FOR EXTREME HARDSHIP.] If the child 
 93.28  support payments are assigned to the public authority, the court 
 93.29  may not deviate downward from the child support guidelines 
 93.30  unless the court specifically finds that the failure to deviate 
 93.31  downward would impose an extreme hardship on the obligor. 
 93.32     Subd. 5.  [NO DEPARTURE BASED ON JOINT LEGAL CUSTODY.] An 
 93.33  award of joint legal custody is not a reason for departure from 
 93.34  the guidelines. 
 93.35     Sec. 18.  [517C.18] [WRITTEN FINDINGS.] 
 93.36     Subdivision 1.  [NO DEVIATION.] If the court does not 
 94.1   deviate from the guidelines, the court must make written 
 94.2   findings concerning the amount of the obligor's income used as 
 94.3   the basis for the guidelines calculation and any other 
 94.4   significant evidentiary factors affecting the determination of 
 94.5   child support. 
 94.6      Subd. 2.  [DEVIATION.] (a) If the court deviates from the 
 94.7   guidelines, the court must make written findings giving the 
 94.8   amount of support calculated under the guidelines, the reasons 
 94.9   for the deviation, and must specifically address the criteria in 
 94.10  section 517C.17 and how the deviation serves the best interests 
 94.11  of the child. 
 94.12     (b) The court may deviate from the guidelines if both 
 94.13  parties agree and the court makes written findings that it is in 
 94.14  the best interests of the child, except that in cases where 
 94.15  child support payments are assigned to the public authority 
 94.16  under section 256.741, the court may deviate downward only as 
 94.17  provided in section 517C.17, subdivision 4.  Nothing in this 
 94.18  section prohibits the court from deviating in other cases. 
 94.19     Subd. 3.  [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 
 94.20  provisions of this section apply whether or not the parties are 
 94.21  each represented by independent counsel and have entered into a 
 94.22  written agreement.  The court must review stipulations presented 
 94.23  to it for conformity to the guidelines.  The court is not 
 94.24  required to conduct a hearing, but the parties must provide the 
 94.25  documentation of earnings required under section 517C.10. 
 94.26     Sec. 19.  [517C.19] [GUIDELINES REVIEW.] 
 94.27     No later than 2004 and every four years after that, the 
 94.28  department of human services must conduct a review of the child 
 94.29  support guidelines. 
 94.30     Sec. 20.  [517C.20] [EDUCATION TRUST FUND.] 
 94.31     The parties may agree to designate a sum of money above 
 94.32  court-ordered child support as a trust fund for the costs of 
 94.33  post-secondary education. 
 94.34     Sec. 21.  [517C.25] [MODIFICATION; GENERAL.] 
 94.35     Subdivision 1.  [AUTHORITY.] After a child support order is 
 94.36  established, the court may, on motion of a party, modify the 
 95.1   order respecting the amount and payment of support.  The court 
 95.2   may make an order respecting any matters it had authority to 
 95.3   address in the original proceeding, except as otherwise provided 
 95.4   in section 517C.29.  A party or the public authority also may 
 95.5   make a motion for contempt of court if the obligor is in arrears 
 95.6   in support payments. 
 95.7      Subd. 2.  [GUIDELINES REMAIN APPLICABLE.] On a motion for 
 95.8   modification of support, the guidelines in this chapter remain 
 95.9   applicable. 
 95.10     Subd. 3.  [EVIDENTIARY HEARING NOT REQUIRED.] The court 
 95.11  need not hold an evidentiary hearing on a motion for 
 95.12  modification of child support. 
 95.13     Subd. 4.  [FORM.] The state court administrator must 
 95.14  prepare and make available to courts, obligors, and obligees a 
 95.15  form to be submitted in support of a motion for a modification 
 95.16  of child support or for contempt of court. 
 95.17     Sec. 22.  [517C.26] [REOPENING AN ORDER.] 
 95.18     Subdivision 1.  [FACTORS.] Upon the motion of a party, the 
 95.19  court may rescind a child support order or judgment and may 
 95.20  issue a new order or grant other relief as may be just for the 
 95.21  following reasons: 
 95.22     (1) mistake, inadvertence, surprise, or excusable neglect; 
 95.23     (2) newly discovered evidence that could not have been 
 95.24  discovered by due diligence in time to move for a new trial 
 95.25  under the rules of civil procedure; 
 95.26     (3) fraud, whether denominated intrinsic or extrinsic, 
 95.27  misrepresentation, or other misconduct of an adverse party; 
 95.28     (4) the judgment or order is void; 
 95.29     (5) the judgment has been satisfied, released, or 
 95.30  discharged; 
 95.31     (6) the judgment is based on a prior order that has been 
 95.32  reversed or otherwise vacated; or 
 95.33     (7) it is no longer equitable that the order should have 
 95.34  prospective application. 
 95.35     Subd. 2.  [PROCEDURE; EFFECT.] The motion must be made 
 95.36  within a reasonable time, and, for a reason under subdivision 1, 
 96.1   clause (1), (2), or (3), not more than one year after the 
 96.2   judgment and decree, order, or proceeding was entered or taken.  
 96.3   A motion under this section does not affect the finality of an 
 96.4   order or suspend its operation.  This section does not limit the 
 96.5   power of a court to entertain an independent action to relieve a 
 96.6   party from an order or proceeding or to grant relief to a party 
 96.7   not actually personally notified as provided in the rules of 
 96.8   civil procedure, or to set aside a judgment for fraud upon the 
 96.9   court. 
 96.10     Sec. 23.  [517C.27] [CHANGE IN CUSTODY OR PARENTING TIME.] 
 96.11     Subdivision 1.  [OFFICIAL CHANGE IN CUSTODY.] If an obligee 
 96.12  has been granted sole physical custody of a child, the child 
 96.13  subsequently lives with the obligor, and temporary sole physical 
 96.14  custody has been approved by the court or by a court-appointed 
 96.15  referee, the court may suspend the obligor's child support 
 96.16  obligation pending the final custody determination.  The court's 
 96.17  order denying the suspension of child support must include a 
 96.18  written explanation of the reasons why continuation of the child 
 96.19  support obligation would be in the best interests of the child. 
 96.20     Subd. 2.  [UNOFFICIAL CHANGE IN CUSTODY.] The court may 
 96.21  conclude that an obligor has satisfied a child support 
 96.22  obligation by providing a home, care, and support for the child 
 96.23  while the child is living with the obligor, if the court finds 
 96.24  that the child was integrated into the family of the obligor 
 96.25  with the consent of the obligee and child support payments were 
 96.26  not assigned to the public authority. 
 96.27     Subd. 3.  [30-DAY CHANGE.] A support order issued under 
 96.28  this chapter may provide that during any period of time of 30 
 96.29  consecutive days or longer that the child is residing with the 
 96.30  obligor, the amount of support otherwise due under the order may 
 96.31  be reduced. 
 96.32     Sec. 24.  [517C.28] [SUBSTANTIAL CHANGE IN CIRCUMSTANCES, 
 96.33  EARNINGS, OR NEEDS.] 
 96.34     Subdivision 1.  [FACTORS.] The terms of a child support 
 96.35  order may be modified upon a showing of one or more of the 
 96.36  following: 
 97.1      (1) substantially increased or decreased earnings of a 
 97.2   party; 
 97.3      (2) substantially increased or decreased need of a party or 
 97.4   the child that is the subject of these proceedings; 
 97.5      (3) receipt of assistance under the AFDC program formerly 
 97.6   codified under sections 256.72 to 256.87 or 256B.01 to 256B.40 
 97.7   or chapter 256J or 256K; 
 97.8      (4) a change in the cost of living for either party, as 
 97.9   measured by the federal Bureau of Statistics, that makes the 
 97.10  terms unreasonable and unfair; 
 97.11     (5) extraordinary medical expenses of the child not 
 97.12  provided for under section 517C.15; 
 97.13     (6) the addition of work-related or education-related child 
 97.14  care expenses of the obligee or a substantial increase or 
 97.15  decrease in existing work-related or education-related child 
 97.16  care expenses; or 
 97.17     (7) upon the emancipation of a child if there is still a 
 97.18  child under the order.  A child support obligation for two or 
 97.19  more children that is not a support obligation in a specific 
 97.20  amount per child continues in the full amount until modified or 
 97.21  until the emancipation of the last child for whose benefit the 
 97.22  order was made. 
 97.23     Subd. 2.  [PRESUMPTIONS.] It is presumed that there has 
 97.24  been a substantial change in circumstances under subdivision 1 
 97.25  and the terms of a current support order are rebuttably presumed 
 97.26  to be unreasonable and unfair if: 
 97.27     (1) when applied to the current circumstances of the 
 97.28  parties, the presumptive child support amount derived under this 
 97.29  chapter is at least 20 percent and at least $50 per month higher 
 97.30  or lower than the current support order; 
 97.31     (2) the medical support provisions of the order established 
 97.32  under section 517C.15 are not enforceable by the public 
 97.33  authority or the obligee; 
 97.34     (3) health insurance coverage ordered under section 517C.15 
 97.35  is not available to the child for whom the order is established 
 97.36  by the parent ordered to provide it; or 
 98.1      (4) the existing support obligation is in the form of a 
 98.2   statement of percentage and not a specific dollar amount. 
 98.3      Subd. 3.  [SUBSEQUENT CHILD.] The needs of a subsequent 
 98.4   child must not be factored into a support guidelines 
 98.5   calculation.  The fact that an obligor had an additional child 
 98.6   after the entry of a child support order is not grounds for a 
 98.7   modification to decrease the amount of support owed.  However, 
 98.8   the fact that an obligor has a subsequent child must be 
 98.9   considered in response to a request by an obligee for a 
 98.10  modification to increase child support.  In order to deviate 
 98.11  from the presumptive support amount derived under this chapter 
 98.12  to consider the needs of a subsequent child, the trial court 
 98.13  must: 
 98.14     (1) find the obligor's total ability to contribute to 
 98.15  dependent children, taking into account the obligor's income and 
 98.16  reasonable expenses exclusive of child care.  The obligor's 
 98.17  expenses must be: 
 98.18     (i) reduced as appropriate to take into account 
 98.19  contributions to those costs by other adults who share the 
 98.20  obligor's current household; and 
 98.21     (ii) apportioned between the parent and a subsequent child 
 98.22  with regard to shared benefits, including, but not limited to, 
 98.23  housing and transportation; 
 98.24     (2) find the total needs of all the obligor's children, and 
 98.25  if these needs are less than the obligor's ability to pay, the 
 98.26  needs may become the obligor's child support obligation.  When 
 98.27  considering the needs of a subsequent child, the trial court 
 98.28  must reduce those amounts as appropriate to take into account 
 98.29  the ability to contribute to those needs by another parent of 
 98.30  the child; 
 98.31     (3) make specific findings on the needs of the child or 
 98.32  children who are the subject of the support order under 
 98.33  consideration; and 
 98.34     (4) exercise discretion to fairly determine the current 
 98.35  support obligation and the contribution left available for other 
 98.36  children, considering that the support obligation being 
 99.1   determined should be in an amount at least equal to the 
 99.2   contribution for a subsequent child. 
 99.3      Sec. 25.  [517C.29] [MODIFICATION EFFECTIVE DATE.] 
 99.4      Subdivision 1.  [DATE OF MOTION DETERMINATIVE.] A 
 99.5   modification of support, including interest that accrued 
 99.6   pursuant to section 548.091, may be made effective no sooner 
 99.7   than the date of service of notice of the motion for 
 99.8   modification on the responding parties. 
 99.9      Subd. 2.  [RETROACTIVE MODIFICATION PERMITTED ONLY IN 
 99.10  LIMITED CIRCUMSTANCES.] Notwithstanding subdivision 1, 
 99.11  modification may be applied to an earlier period if the court 
 99.12  makes express findings that: 
 99.13     (1) the party seeking modification was precluded from 
 99.14  serving a motion by reason of a significant physical or mental 
 99.15  disability, a material misrepresentation of another party, or 
 99.16  fraud upon the court; and the party seeking modification, when 
 99.17  no longer precluded, promptly served a motion; 
 99.18     (2) the party seeking modification was a recipient of 
 99.19  federal Supplemental Security Income (SSI), Title II Older 
 99.20  Americans Insurance, Survivor's Disability Insurance (OASDI), 
 99.21  other disability benefits, or public assistance based upon need 
 99.22  during the period for which retroactive modification is sought; 
 99.23     (3) the order the party seeks to amend was entered by 
 99.24  default, the party shows good cause for not appearing, and the 
 99.25  record contains no factual evidence, or clearly erroneous 
 99.26  evidence, regarding the obligor's ability to pay; or 
 99.27     (4) the party seeking modification was institutionalized or 
 99.28  incarcerated for an offense other than nonsupport of a child 
 99.29  during the period for which retroactive modification is sought 
 99.30  and lacked the financial ability to pay the support ordered 
 99.31  during that time period.  In determining whether to allow the 
 99.32  retroactive modification, the court must consider whether and 
 99.33  when a request was made to the public authority for support 
 99.34  modification. 
 99.35     Subd. 3.  [CHILD CARE EXCEPTION.] The court may provide 
 99.36  that a reduction in the amount allocated for child care expenses 
100.1   based on a substantial decrease in the expenses is effective as 
100.2   of the date the expenses decreased. 
100.3      Sec. 26.  [517C.30] [TERMINATION OF CHILD SUPPORT.] 
100.4      Subdivision 1.  [DEATH OF OBLIGOR.] Unless otherwise agreed 
100.5   in writing or expressly provided in the order, provisions for 
100.6   the support of a child are not terminated by the death of a 
100.7   parent obligated to support the child.  When a parent obligated 
100.8   to pay support dies, the amount of support may be modified, 
100.9   revoked, or commuted to a lump sum payment, to the extent just 
100.10  and appropriate in the circumstances. 
100.11     Subd. 2.  [AUTOMATIC TERMINATION.] (a) Unless a court order 
100.12  provides otherwise, a child support obligation in a specific 
100.13  amount per child terminates automatically and without any action 
100.14  by the obligor to reduce, modify, or terminate the order upon 
100.15  the emancipation of the child. 
100.16     (b) A child support obligation for two or more children 
100.17  that is not a support obligation in a specific amount per child 
100.18  continues in the full amount until the emancipation of the last 
100.19  child for whose benefit the order was made, or until further 
100.20  order of the court. 
100.21     (c) The obligor may request a modification of the obligor's 
100.22  child support order upon the emancipation of a child if there 
100.23  are still minor children under the order.  The child support 
100.24  obligation shall be determined based on the income of the 
100.25  parties at the time the modification is sought. 
100.26     Sec. 27.  [517C.31] [COST-OF-LIVING ADJUSTMENTS.] 
100.27     Subdivision 1.  [GENERAL.] An order establishing, 
100.28  modifying, or enforcing child support must provide for a 
100.29  biennial adjustment in the amount to be paid based on a change 
100.30  in the cost of living.  Cost-of-living adjustments are 
100.31  compounded. 
100.32     Subd. 2.  [WAIVER.] A court may waive the requirement of 
100.33  the cost-of-living clause if it expressly finds that the 
100.34  obligor's occupation or income, or both, does not provide for 
100.35  cost-of-living adjustment or that the order for child support 
100.36  has a provision such as a step increase that has the effect of a 
101.1   cost-of-living clause. 
101.2      Subd. 3.  [INDEX; AMOUNT.] (a) An order that provides for a 
101.3   cost-of-living adjustment must specify the cost-of-living index 
101.4   to be applied.  The court may use the Consumer Price Index for 
101.5   All Urban Consumers, Minneapolis-St. Paul (CPI-U), the Consumer 
101.6   Price Index for Wage Earners and Clerical, Minneapolis-St. Paul 
101.7   (CPI-W), or another cost-of-living index published by the 
101.8   department of labor that the court specifically finds is more 
101.9   appropriate. 
101.10     (b) The court may increase the amount by more than the 
101.11  cost-of-living adjustment by agreement of the parties or by 
101.12  making further findings. 
101.13     Subd. 4.  [EFFECTIVE DATE.] If payment is made to the 
101.14  public authority, an adjustment is effective on May 1 of the 
101.15  year it is made.  If payment is not made to the public 
101.16  authority, an adjustment may be made in any month but no 
101.17  adjustment may be made sooner than two years after the date of 
101.18  the dissolution decree.  A support order must specify the 
101.19  effective date of cost-of-living adjustments. 
101.20     Subd. 5.  [NOTICE.] A cost-of-living adjustment may not be 
101.21  made unless: 
101.22     (1) the support order requires it; and 
101.23     (2) the obligee or public authority notifies the obligor of 
101.24  the adjustment by mail at the obligor's last known address at 
101.25  least 20 days before the effective date of the adjustment.  The 
101.26  notice must inform the obligor of the effective date of the 
101.27  adjustment, the right to contest the adjustment, and the 
101.28  procedures to contest the adjustment. 
101.29     Subd. 6.  [PROCEDURE FOR CONTESTING ADJUSTMENT.] (a) To 
101.30  contest a cost-of-living adjustment initiated by the public 
101.31  authority or an obligee who has applied for or is receiving 
101.32  child support collection services from the public authority, 
101.33  other than income withholding-only services, the obligor must: 
101.34     (1) file a motion contesting the cost-of-living adjustment 
101.35  with the court administrator; and 
101.36     (2) serve the motion by first-class mail on the public 
102.1   authority and the obligee. 
102.2   The obligor must file and serve the motion before the effective 
102.3   date of the adjustment.  The hearing must take place in the 
102.4   expedited child support process under section 484.702. 
102.5      (b) To contest a cost-of-living adjustment initiated by an 
102.6   obligee who is not receiving child support collection services 
102.7   from the public authority, or for an obligee who receives income 
102.8   withholding-only services from the public authority, the obligor 
102.9   must: 
102.10     (1) file a motion contesting the cost-of-living adjustment 
102.11  with the court administrator; and 
102.12     (2) serve the motion by first-class mail on the obligee. 
102.13  The obligor must file and serve the motion before the effective 
102.14  date of the adjustment.  The hearing must take place in district 
102.15  court. 
102.16     (c) Upon receipt of a motion contesting the cost-of-living 
102.17  adjustment, the public authority or court must stay the 
102.18  cost-of-living adjustment pending further order of the court. 
102.19     Subd. 7.  [HEARING.] (a) At a hearing under this section, 
102.20  if the obligor establishes an insufficient increase in income to 
102.21  fulfill the adjusted child support obligation, the court or 
102.22  child support magistrate may direct that all or part of the 
102.23  adjustment not take effect. 
102.24     (b) At a hearing under this section, if the obligor does 
102.25  not establish an insufficient increase in income, the adjustment 
102.26  must take effect as of the date originally specified in the 
102.27  support order. 
102.28     Subd. 8.  [FORM.] The state court administrator must 
102.29  prepare and make available to the court and obligors a form to 
102.30  be submitted in support of a request for a hearing under this 
102.31  section. 
102.32     Subd. 9.  [RULES.] The commissioner of human services may 
102.33  promulgate rules for child support adjustments under this 
102.34  section in accordance with the rulemaking provisions of chapter 
102.35  14. 
102.36     Sec. 28.  [517C.35] [ASSIGNMENT.] 
103.1      Subdivision 1.  [GENERAL.] The court must direct that all 
103.2   payments ordered for support be made to the public authority if 
103.3   the obligee is receiving or has applied for public assistance.  
103.4   Amounts received by the public authority greater than the amount 
103.5   granted to the obligee must be remitted to the obligee pursuant 
103.6   to federal requirements. 
103.7      Subd. 2.  [JUDGMENTS.] The court administrator must enter 
103.8   and docket a judgment obtained by operation of law under section 
103.9   548.091, subdivision 1, in the name of the public authority to 
103.10  the extent that the obligation has been assigned.  When arrears 
103.11  are reduced to judgment and section 548.091 is not applicable, 
103.12  the court must grant judgment in favor of, and in the name of, 
103.13  the public authority to the extent that the arrears are 
103.14  assigned.  The public authority must file notice of an 
103.15  assignment with the court administrator, who must enter the 
103.16  notice in the docket.  The public authority may then enforce a 
103.17  judgment entered before the assignment of rights as if the 
103.18  judgment were granted to it, and in its name, to the extent that 
103.19  the arrears in that judgment are assigned. 
103.20     Subd. 3.  [PROPERTY LIEN.] The court may make any child 
103.21  support order a lien or charge upon the property of the obligor, 
103.22  either at the time of the entry of the judgment or by subsequent 
103.23  order upon proper application. 
103.24     Sec. 29.  [517C.36] [PARTY STATUS.] 
103.25     Subdivision 1.  [WHEN A PARTY RECEIVES PUBLIC 
103.26  ASSISTANCE.] The public authority is joined as a party if the 
103.27  obligee is receiving, or subsequently applies for, public 
103.28  assistance and rights are assigned under section 256.741, 
103.29  subdivision 2. 
103.30     Subd. 2.  [NO PUBLIC ASSISTANCE; APPLICATION FOR SERVICES.] 
103.31  If the obligee is not receiving public assistance, but has 
103.32  applied for child support collection services, the public 
103.33  authority has a pecuniary interest, as well as an interest in 
103.34  the welfare of a child.  The public authority may intervene as a 
103.35  matter of right in those cases to ensure that child support 
103.36  orders are obtained, enforced, and provide for an appropriate 
104.1   and accurate level of child, medical, and child care support.  
104.2   If the public authority participates in a case where the action 
104.3   taken by the public authority requires the use of an attorney's 
104.4   services, the public authority must be represented by an 
104.5   attorney consistent with the provisions in section 517C.37. 
104.6      Sec. 30.  [517C.37] [ROLE OF THE PUBLIC AUTHORITY.] 
104.7      Subdivision 1.  [PUBLIC AUTHORITY DOES NOT REPRESENT 
104.8   OBLIGOR OR OBLIGEE.] The provision of services under the child 
104.9   support enforcement program that includes services by an 
104.10  attorney or an attorney's representative employed by, under 
104.11  contract to, or representing the public authority does not 
104.12  create an attorney-client relationship with any party other than 
104.13  the public authority.  Attorneys employed by or under contract 
104.14  with the public authority have an affirmative duty to inform 
104.15  applicants and recipients of services under the child support 
104.16  enforcement program that no attorney-client relationship exists 
104.17  between the attorney and the applicant or recipient.  This 
104.18  section applies to all legal services provided by the child 
104.19  support enforcement program. 
104.20     Subd. 2.  [WRITTEN NOTICE.] The public authority must 
104.21  provide written notice to an applicant or recipient of services 
104.22  that: 
104.23     (1) no attorney-client relationship exists between the 
104.24  attorney and the applicant or recipient; 
104.25     (2) the rights of the individual as a subject of data are 
104.26  controlled by section 13.04, subdivision 2; and 
104.27     (3) the individual has a right to have an attorney 
104.28  represent the individual.  
104.29     Subd. 3.  [POWER TO REPRESENT OTHER PUBLIC 
104.30  AUTHORITIES.] The public authority may act on behalf of a public 
104.31  authority from another jurisdiction.  This includes the 
104.32  authority to represent the legal interests of, or execute 
104.33  documents on behalf of, the other public authority in connection 
104.34  with the establishment, enforcement, and collection of child 
104.35  support and collection on judgments. 
104.36     Sec. 31.  [517C.38] [SERVICE FEES.] 
105.1      Subdivision 1.  [OBLIGOR FEE.] When the public authority 
105.2   provides child support collection services either to a public 
105.3   assistance recipient or to a party who does not receive public 
105.4   assistance, the public authority may upon written notice to the 
105.5   obligor charge a monthly collection fee equivalent to the full 
105.6   monthly cost to the county of providing collection services, in 
105.7   addition to the amount of the child support ordered by the 
105.8   court.  The fee must be deposited in the county general fund.  
105.9   The service fee assessed is limited to ten percent of the 
105.10  monthly court-ordered child support and must not be assessed to 
105.11  obligors who are current in payment of the monthly court-ordered 
105.12  child support. 
105.13     Subd. 2.  [OBLIGEE FEE.] An application fee of $25 must be 
105.14  paid by the person who applies for child support and maintenance 
105.15  collection services, except persons who are receiving public 
105.16  assistance as defined in section 256.741, persons who transfer 
105.17  from public assistance to nonpublic assistance status, and minor 
105.18  parents and parents enrolled in a public secondary school, area 
105.19  learning center, or alternative learning program approved by the 
105.20  commissioner of children, families, and learning. 
105.21     Subd. 3.  [TAX INTERCEPT FEES.] Fees assessed by state and 
105.22  federal tax agencies for collection of overdue support owed to 
105.23  or on behalf of a person not receiving public assistance must be 
105.24  imposed on the person for whom these services are provided.  The 
105.25  public authority upon written notice to the obligee must assess 
105.26  a fee of $25 to the person not receiving public assistance for 
105.27  each successful federal tax interception.  The fee must be 
105.28  withheld prior to the release of the funds received from each 
105.29  interception and must be deposited in the general fund. 
105.30     Subd. 4.  [COMPLIANCE WITH FEDERAL LAW.] The limitations of 
105.31  this section on the assessment of fees do not apply to the 
105.32  extent they are inconsistent with the requirements of federal 
105.33  law for receiving funds for the programs under Title IV-A and 
105.34  Title IV-D of the Social Security Act, United States Code, title 
105.35  42, sections 601 to 613 and 651 to 662. 
105.36     Sec. 32.  [517C.39] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 
106.1   SUPPORT AND PARENTAGE ORDERS.] 
106.2      The public authority may use the provisions of sections 
106.3   517C.40 to 517C.44 when support rights are assigned under 
106.4   section 256.741, subdivision 2, or when the public authority is 
106.5   providing services under an application for child support 
106.6   collection services. 
106.7      Sec. 33.  [517C.40] [NONATTORNEY EMPLOYEE DUTIES.] 
106.8      Subdivision 1.  [DUTIES PERFORMED UNDER SUPERVISION OF 
106.9   COUNTY ATTORNEY.] (a) The county attorney must review and 
106.10  approve as to form and content all pleadings and other legal 
106.11  documents prepared by nonattorney employees of the public 
106.12  authority for use in the expedited child support process. 
106.13     (b) Under the direction of, and in consultation with, the 
106.14  county attorney, nonattorney employees of the public authority 
106.15  may perform the following legal duties: 
106.16     (1) meet and confer with parties by mail, telephone, 
106.17  electronic, or other means regarding legal issues; 
106.18     (2) explain to parties the purpose, procedure, and function 
106.19  of the expedited child support process and the role and 
106.20  authority of nonattorney employees of the public authority 
106.21  regarding legal issues; 
106.22     (3) prepare pleadings, including, but not limited to, 
106.23  summonses and complaints, notices, motions, subpoenas, orders to 
106.24  show cause, proposed orders, administrative orders, and 
106.25  stipulations and agreements; 
106.26     (4) issue administrative subpoenas; 
106.27     (5) prepare judicial notices; 
106.28     (6) negotiate settlement agreements; 
106.29     (7) attend and participate as a witness in hearings and 
106.30  other proceedings and, if requested by the child support 
106.31  magistrate, present evidence, agreements and stipulations of the 
106.32  parties, and any other information deemed appropriate by the 
106.33  magistrate; 
106.34     (8) participate in other activities and perform other 
106.35  duties delegated by the county attorney; and 
106.36     (9) exercise other powers and perform other duties as 
107.1   permitted by statute or court rule. 
107.2      Subd. 2.  [DUTIES PERFORMED AUTONOMOUSLY.] Nonattorney 
107.3   employees of the public authority may perform the following 
107.4   duties without direction from the county attorney: 
107.5      (1) gather information on behalf of the public authority; 
107.6      (2) prepare financial worksheets; 
107.7      (3) obtain income information from the department of 
107.8   economic security and other sources; 
107.9      (4) serve documents on parties; 
107.10     (5) file documents with the court; 
107.11     (6) meet and confer with parties by mail, telephone, 
107.12  electronic, or other means regarding nonlegal issues; 
107.13     (7) explain to parties the purpose, procedure, and function 
107.14  of the expedited child support process and the role and 
107.15  authority of nonattorney employees of the public authority 
107.16  regarding nonlegal issues; and 
107.17     (8) perform other routine nonlegal duties as assigned. 
107.18     Subd. 3.  [PRACTICE OF LAW.] Performance of the duties 
107.19  prescribed in subdivisions 1 and 2 by nonattorney employees of 
107.20  the public authority does not constitute the unauthorized 
107.21  practice of law for purposes of section 481.02. 
107.22     Sec. 34.  [517C.41] [FINANCIAL WORKSHEET.] 
107.23     Subdivision 1.  [PREPARATION.] In cases involving 
107.24  establishment or modification of a child support order, a 
107.25  nonattorney employee of the public authority must prepare a 
107.26  financial worksheet that contains: 
107.27     (1) names and addresses of the parties; 
107.28     (2) social security numbers of the parties; 
107.29     (3) number of members in each party's household and 
107.30  dependents of the parties; 
107.31     (4) names and addresses of the parties' employers; 
107.32     (5) net income of the parties as defined in this chapter; 
107.33     (6) amounts and sources of any other earnings and income of 
107.34  the parties; 
107.35     (7) health insurance coverage of parties; 
107.36     (8) types and amounts of public assistance the parties 
108.1   receive; and 
108.2      (9) any other information relevant to the determination of 
108.3   child or medical support under this chapter. 
108.4      Subd. 2.  [INCOME INFORMATION.] In preparing the financial 
108.5   worksheet, the nonattorney employee of the public authority must 
108.6   obtain income information available to the public authority from 
108.7   the department of economic security and serve this information 
108.8   on the parties.  The information must be filed with the court or 
108.9   child support magistrate at least five days before a hearing 
108.10  involving child support, medical support, or child care 
108.11  reimbursement issues. 
108.12     Sec. 35.  [517C.42] [NONCONTESTED MATTERS.] 
108.13     Under the direction of the county attorney and based on 
108.14  agreement of the parties, nonattorney employees may prepare a 
108.15  stipulation, findings of fact, conclusions of law, and proposed 
108.16  order.  The documents must be approved and signed by the county 
108.17  attorney as to form and content before submission to the court 
108.18  or child support magistrate for approval. 
108.19     Sec. 36.  [517C.43] [ADMINISTRATIVE AUTHORITY; PARENTAGE; 
108.20  SUPPORT.] 
108.21     Subdivision 1.  [POWERS.] The public authority may take the 
108.22  following actions relating to establishment of paternity or to 
108.23  establishment, modification, or enforcement of support orders, 
108.24  without the necessity of obtaining an order from a judicial or 
108.25  administrative tribunal: 
108.26     (1) recognize and enforce orders of child support agencies 
108.27  of other states; 
108.28     (2) upon request for genetic testing by a child, parent, or 
108.29  an alleged parent, and using the procedure in subdivision 2, 
108.30  order the child, parent, or alleged parent to submit to blood or 
108.31  genetic testing for the purpose of establishing paternity; 
108.32     (3) subpoena financial or other information needed to 
108.33  establish, modify, or enforce a child support order and sanction 
108.34  a party for failure to respond to a subpoena; 
108.35     (4) upon notice to the obligor, obligee, and the 
108.36  appropriate court, direct the obligor or other payor to change 
109.1   the payee to the central collections unit under section 517C.50; 
109.2      (5) order income withholding of child support under section 
109.3   517C.52 and sanction an employer or payor of funds under section 
109.4   393.07, subdivision 9a, for failing to comply with an income 
109.5   withholding notice; 
109.6      (6) secure assets to satisfy a support debt or arrears by: 
109.7      (i) intercepting or seizing periodic or lump-sum payments 
109.8   from state or local agencies, including reemployment 
109.9   compensation, workers' compensation payments, judgments, 
109.10  settlements, lotteries, and other lump-sum payments; 
109.11     (ii) attaching and seizing assets of the obligor held in 
109.12  financial institutions or public or private retirement funds; 
109.13  and 
109.14     (iii) imposing liens in accordance with section 548.091, 
109.15  and, in appropriate cases, forcing the sale of property and the 
109.16  distribution of proceeds; 
109.17     (7) for the purpose of securing overdue support, increase 
109.18  the amount of the monthly support payments by an additional 
109.19  amount equal to 20 percent of the monthly support payment to 
109.20  include amounts for debts or arrears; and 
109.21     (8) subpoena an employer or payor of funds to provide 
109.22  promptly information on the employment, compensation, and 
109.23  benefits of an individual employed by that employer as an 
109.24  employee or contractor, and sanction an employer or payor of 
109.25  funds under section 393.07, subdivision 9a, for failure to 
109.26  respond to the subpoena as provided by law. 
109.27     Subd. 2.  [GENETIC TESTING.] (a) A request for genetic 
109.28  testing by a child, parent, or alleged parent must be supported 
109.29  by a sworn statement by the person requesting genetic testing 
109.30  that: 
109.31     (1) alleges paternity and sets forth facts establishing a 
109.32  reasonable possibility of the requisite sexual contact between 
109.33  the parties; or 
109.34     (2) denies paternity and sets forth facts establishing a 
109.35  reasonable possibility of the nonexistence of sexual contact 
109.36  between the alleged parties. 
110.1      (b) The order for genetic tests may be served anywhere 
110.2   within the state and served outside the state in the same manner 
110.3   as prescribed by law for service of subpoenas issued by the 
110.4   district court of this state. 
110.5      (c) If the child, parent, or alleged parent fails to comply 
110.6   with the genetic testing order, the public authority may seek to 
110.7   enforce that order in district court through a motion to compel 
110.8   testing. 
110.9      (d) No results obtained through genetic testing done in 
110.10  response to an order issued under this section may be used in a 
110.11  criminal proceeding. 
110.12     Subd. 3.  [SUBPOENAS.] (a) Subpoenas may be served anywhere 
110.13  within the state and served outside the state in the same manner 
110.14  as prescribed by law for service of process of subpoenas issued 
110.15  by the district court of this state.  When a subpoena under this 
110.16  subdivision is served on a third-party recordkeeper, written 
110.17  notice of the subpoena must be mailed to the person who is the 
110.18  subject of the subpoenaed material at the person's last known 
110.19  address within three days of the day the subpoena is served.  
110.20  This notice provision does not apply if there is reasonable 
110.21  cause to believe the giving of the notice may lead to 
110.22  interference with the production of the subpoenaed documents.  
110.23     (b) A person served with a subpoena may make a written 
110.24  objection to the public authority or court before the time 
110.25  specified in the subpoena for compliance.  The public authority 
110.26  or the court may cancel or modify the subpoena, if appropriate.  
110.27  The public authority must pay the reasonable costs of producing 
110.28  the documents, if requested.  
110.29     (c) Subpoenas are enforceable in the same manner as 
110.30  subpoenas of the district court.  Upon motion of the county 
110.31  attorney, the court may issue an order directing the production 
110.32  of the records.  A person who fails to comply with the court 
110.33  order is subject to civil or criminal contempt of court.  
110.34     Subd. 4.  [DUE PROCESS.] The administrative actions under 
110.35  this section are subject to due process safeguards, including 
110.36  requirements for notice, opportunity to contest the action, and 
111.1   opportunity to appeal the order to a judge, judicial officer, or 
111.2   child support magistrate. 
111.3      Sec. 37.  [517C.44] [SHARING OF INFORMATION; DATA.] 
111.4      Subdivision 1.  [GENERAL.] The public authority may share 
111.5   available and relevant information on the parties in order to 
111.6   perform its duties under this chapter or under supreme court 
111.7   rules governing the expedited child support hearing process 
111.8   under section 484.702, subject to the limitations of subdivision 
111.9   3, section 256.87, subdivision 8, and section 257.70. 
111.10     Subd. 2.  [DATA DISCLOSED TO AN ATTORNEY OF THE PUBLIC 
111.11  AUTHORITY.] (a) Data disclosed by an applicant for, or recipient 
111.12  of, child support services to an attorney employed by, or under 
111.13  contract with, the public authority is private data on an 
111.14  individual.  However, the data may be disclosed under section 
111.15  13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and in 
111.16  order to obtain, modify, or enforce child support, medical 
111.17  support, and parentage determinations. 
111.18     (b) An attorney employed by, or under contract with, the 
111.19  public authority may disclose additional information received 
111.20  from an applicant for, or recipient of, services for other 
111.21  purposes with the consent of the individual applicant for, or 
111.22  recipient of, child support services. 
111.23     Subd. 3.  [PROHIBITED DISCLOSURE.] In all proceedings under 
111.24  this chapter in which public assistance is assigned under 
111.25  section 256.741, or the public authority provides services to a 
111.26  party or parties to the proceedings, notwithstanding statutory 
111.27  or other authorization for the public authority to release 
111.28  private data on the location of a party to the action, 
111.29  information on the location of one party may not be released by 
111.30  the public authority to the other party if: 
111.31     (1) the public authority has knowledge that a protective 
111.32  order with respect to the other party has been entered; or 
111.33     (2) the public authority has reason to believe that the 
111.34  release of the information may result in physical or emotional 
111.35  harm to the other party. 
111.36     Sec. 38.  [517C.45] [SUFFICIENCY OF NOTICE.] 
112.1      Automated child support notices sent by the public 
112.2   authority which do not require service are sufficient notice 
112.3   when issued and mailed by first class mail to the person's last 
112.4   known address. 
112.5      Sec. 39.  [517C.50] [CHILD SUPPORT PAYMENT CENTER; CENTRAL 
112.6   COLLECTIONS UNIT.] 
112.7      Subdivision 1.  [CREATION.] (a) The commissioner of human 
112.8   services must create and maintain a central collections unit to 
112.9   receive, process, and disburse payments, and to maintain a 
112.10  record of payments in cases when: 
112.11     (1) the public authority is a party; 
112.12     (2) the public authority provides child support enforcement 
112.13  services to a party; or 
112.14     (3) payment is collected through income withholding. 
112.15     (b) The commissioner may contract for services to carry out 
112.16  these provisions if the commissioner first meets and negotiates 
112.17  with the affected exclusive representatives. 
112.18     Subd. 2.  [CREDITOR COLLECTIONS.] The central collections 
112.19  unit under this section is not a third party under chapters 550, 
112.20  552, and 571 for purposes of creditor collection efforts against 
112.21  child support and maintenance order obligors or obligees, and is 
112.22  not subject to creditor levy, attachment, or garnishment. 
112.23     Subd. 3.  [CREDIT FOR PAYMENT.] Payments made to the public 
112.24  authority that are not collected through income withholding must 
112.25  be credited as of the date the payment is received by the 
112.26  central collections unit. 
112.27     Sec. 40.  [517C.51] [MANDATORY PAYMENT OF OBLIGATIONS TO 
112.28  CENTRAL COLLECTIONS UNIT.] 
112.29     Subdivision 1.  [GENERAL.] All payments described in 
112.30  section 517C.50 must be made to the central collections unit. 
112.31     Subd. 2.  [LOCAL PAYMENT; TRANSMITTAL.] The public 
112.32  authority must provide a location for obligors to pay child 
112.33  support in each local jurisdiction.  When the public authority 
112.34  receives a payment it must transmit the funds to the central 
112.35  collections unit within one working day. 
112.36     Subd. 3.  [INCENTIVES.] Notwithstanding a rule to the 
113.1   contrary, incentives must be paid to the county providing 
113.2   services and maintaining the case to which the payment is 
113.3   applied.  Incentive payments awarded for the collection of child 
113.4   support must be based solely upon payments processed by the 
113.5   central collections unit.  Incentive payments received by the 
113.6   county under this subdivision must be used for county child 
113.7   support collection efforts. 
113.8      Subd. 4.  [ELECTRONIC FUNDS TRANSFER.] The central 
113.9   collections unit may receive and disburse funds electronically. 
113.10     Subd. 5.  [REQUIRED CONTENT OF ORDER.] A tribunal issuing 
113.11  an order that establishes or modifies a payment must issue an 
113.12  income withholding order in conformity with section 517C.52.  
113.13  The automatic income withholding order must include the name of 
113.14  the obligor, the obligor's social security number, the obligor's 
113.15  date of birth, and the name and address of the obligor's 
113.16  employer.  The street mailing address and the electronic mail 
113.17  address for the central collections unit must be included in 
113.18  each automatic income withholding order issued by a tribunal. 
113.19     Subd. 6.  [TRANSMITTAL OF ORDER TO THE PUBLIC AUTHORITY BY 
113.20  THE TRIBUNAL.] The tribunal must transmit a copy of the order 
113.21  establishing or modifying the payment, and a copy of the 
113.22  automatic income withholding order, to the public authority 
113.23  within two working days of the approval of the order by the 
113.24  judge or child support magistrate or other person or entity 
113.25  authorized to sign the automatic withholding order. 
113.26     Subd. 7.  [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 
113.27  OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 
113.28  payor of funds must identify the obligor on the check or 
113.29  remittance by name, payor number, and social security number, 
113.30  and must comply with section 517C.52. 
113.31     Subd. 8.  [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 
113.32  FUNDS.] A notice may be directed to a person or entity 
113.33  submitting a check drawn on insufficient funds stating that 
113.34  future payments must be made by cash or certified funds.  The 
113.35  central collections unit and the public authority may refuse a 
113.36  check from a person or entity that has been given notice that 
114.1   payments must be in cash or certified funds. 
114.2      Subd. 9.  [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 
114.3   record of payments maintained by the central collections unit is 
114.4   admissible evidence in all tribunals as proof of payments made 
114.5   through the central collections unit without the need of 
114.6   testimony to prove authenticity. 
114.7      Subd. 10.  [TRANSITION PROVISIONS.] (a) The commissioner of 
114.8   human services must develop a plan for the implementation of the 
114.9   central collections unit.  The plan must require that payments 
114.10  be redirected to the central collections unit.  Payments may be 
114.11  redirected in groups according to county of origin, county of 
114.12  payment, method of payment, type of case, or any other 
114.13  distinguishing factor designated by the commissioner. 
114.14     (b) Notice that payments must be made to the central 
114.15  collections unit must be provided to the obligor and to the 
114.16  payor of funds at least 30 days before payments are redirected 
114.17  to the central collections unit.  After the notice has been 
114.18  provided to the obligor or payor of funds, mailed payments 
114.19  received by the public authority must be forwarded to the 
114.20  central collections unit.  A notice must be sent to the obligor 
114.21  or payor of funds stating that payment application may be 
114.22  delayed and must provide directions to submit future payments to 
114.23  the central collections unit. 
114.24     Subd. 11.  [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 
114.25  commissioner of human services may establish a revolving account 
114.26  to cover funds issued in error due to insufficient funds or 
114.27  other reasons.  Appropriations for this purpose and all 
114.28  recoupments against payments from the account must be deposited 
114.29  in the collections unit's recoupment account and are 
114.30  appropriated to the commissioner.  An unexpended balance in the 
114.31  account does not cancel, but is available until expended. 
114.32     Subd. 12.  [UNCLAIMED SUPPORT FUNDS.] (a) If the public 
114.33  authority cannot disburse support payments to an obligee because 
114.34  the obligee cannot be located, the public authority must 
114.35  continue its efforts to locate the obligee for one year from the 
114.36  date it determines that the obligee cannot be located. 
115.1      (b) If the public authority is unable to locate the obligee 
115.2   after one year, the public authority must mail a written notice 
115.3   to the obligee at the obligee's last known address that gives 
115.4   the obligee 60 days to contact the public authority. 
115.5      (c) If the obligee does not contact the public authority 
115.6   within 60 days from the date of notice, the public authority 
115.7   must: 
115.8      (1) close the nonpublic assistance portion of the case; 
115.9      (2) disburse unclaimed support funds to pay public 
115.10  assistance arrears.  If public assistance arrears remain after 
115.11  disbursing the unclaimed support funds, the public authority may 
115.12  continue enforcement and collection of child support until all 
115.13  public assistance arrears have been paid.  If there are not 
115.14  public assistance arrears, or unclaimed support funds remain 
115.15  after paying public assistance arrears, the public authority 
115.16  must return the remaining unclaimed support funds to the 
115.17  obligor; and 
115.18     (3) when all public assistance arrears are paid to the 
115.19  public authority, mail a written notice of termination of income 
115.20  withholding and case closure to the obligor at the obligor's 
115.21  last known address.  The notice must indicate that the obligor's 
115.22  support obligation will remain in effect until further order of 
115.23  the court and to contact the public authority for assistance to 
115.24  modify the order.  The public authority must include a copy of 
115.25  the form prepared by the state court administrator's office 
115.26  under section 517C.25, subdivision 4, with the notice.  
115.27     (d) If the public authority cannot locate the obligor to 
115.28  return unclaimed support funds, the public authority must 
115.29  continue its efforts to locate the obligor for one year from the 
115.30  date it determines that the obligor cannot be located.  If the 
115.31  public authority is unable to locate the obligor after one year, 
115.32  the funds must be treated as unclaimed property according to 
115.33  federal law and chapter 345. 
115.34     Sec. 41.  [517C.52] [INCOME WITHHOLDING; GENERAL.] 
115.35     Subdivision 1.  [APPLICATION.] Sections 517C.52 to 517C.62 
115.36  apply to all support orders issued by a court or an 
116.1   administrative tribunal and orders for or notices of withholding 
116.2   issued by the public authority according to section 517C.43, 
116.3   subdivision 1, clause (5). 
116.4      Subd. 2.  [ORDER.] (a) Every support order must address 
116.5   income withholding.  Whenever a support order is initially 
116.6   entered or modified, the full amount of the support order must 
116.7   be withheld from the income of the obligor and forwarded to the 
116.8   public authority.  Sections 517C.51 to 517C.62 apply regardless 
116.9   of the source of income of the person obligated to pay the child 
116.10  support. 
116.11     (b) A payor of funds must implement income withholding 
116.12  according to sections 517C.51 to 517C.62 upon receipt of an 
116.13  order for or notice of withholding.  The notice of withholding 
116.14  must be on a form provided by the commissioner of human services.
116.15     Subd. 3.  [NOTICE; INCOME WITHHOLDING AND COLLECTION 
116.16  SERVICES.] (a) The commissioner of human services must prepare 
116.17  and make available to the courts a notice of services that 
116.18  explains child support and maintenance collection services 
116.19  available through the public authority, including income 
116.20  withholding.  Upon receiving a petition for dissolution of 
116.21  marriage or legal separation, the court administrator must 
116.22  promptly send the notice of services to the petitioner and 
116.23  respondent at the addresses stated in the petition. 
116.24     (b) Upon receipt of a support order requiring income 
116.25  withholding, a petitioner or respondent, who is not a recipient 
116.26  of public assistance and does not receive child support 
116.27  collection services from the public authority, must apply to the 
116.28  public authority for either full child support collection 
116.29  services or for services only to withhold income. 
116.30     (c) For those persons applying for services only to 
116.31  withhold income, a monthly service fee of $15 must be charged to 
116.32  the obligor.  This fee is in addition to the amount of the 
116.33  support order and must be withheld through income withholding.  
116.34  The public authority must explain the service options in this 
116.35  section to the affected parties and encourage the application 
116.36  for full child support collection services. 
117.1      Subd. 4.  [CONTRACT FOR SERVICE.] To carry out income 
117.2   withholding, the public authority may contract for services, 
117.3   including the use of electronic funds transfer. 
117.4      Subd. 5.  [ELECTRONIC TRANSMISSION.] Orders or notices for 
117.5   income withholding may be transmitted for enforcement purposes 
117.6   by electronic means. 
117.7      Subd. 6.  [TIMING OF AUTOMATED ENFORCEMENT REMEDIES.] The 
117.8   public authority must make reasonable efforts to ensure that 
117.9   automated enforcement remedies take into consideration the time 
117.10  periods allowed under sections 517C.52 to 517C.62. 
117.11     Sec. 42.  [517C.53] [WAIVER OF INCOME WITHHOLDING.] 
117.12     (a) If child support is not assigned to the public 
117.13  authority, the court may waive income withholding requirements 
117.14  if it finds there are no arrears as of the date of the hearing 
117.15  and: 
117.16     (1) one party demonstrates and the court finds there is 
117.17  good cause to waive the requirements of sections 517C.51 to 
117.18  517C.62 or to terminate an order for or notice of income 
117.19  withholding previously entered; or 
117.20     (2) all parties reach an agreement and the agreement is 
117.21  approved by the court after a finding that the agreement is 
117.22  likely to result in regular and timely payments.  The court's 
117.23  findings waiving the requirements of this paragraph must include 
117.24  a written explanation of the reasons why income withholding 
117.25  would not be in the best interests of the child. 
117.26     (b) In addition to the other requirements in this section, 
117.27  if the case involves a modification of support, the court must 
117.28  make a finding that support has been timely made. 
117.29     (c) If the court waives income withholding, the obligee or 
117.30  obligor may at any time request subsequent income withholding 
117.31  under section 517C.59. 
117.32     Sec. 43.  [517C.54] [PAYOR OF FUNDS RESPONSIBILITIES.] 
117.33     Subdivision 1.  [ACTIVATION.] An order for or notice of 
117.34  withholding is binding on a payor of funds upon receipt.  
117.35  Withholding must begin no later than the first pay period that 
117.36  occurs after 14 days following the date of receipt of the order 
118.1   for or notice of withholding.  In the case of a financial 
118.2   institution, preauthorized transfers must occur in accordance 
118.3   with a court-ordered payment schedule. 
118.4      Subd. 2.  [PROCEDURE.] A payor of funds must withhold from 
118.5   the income payable to the obligor the amount specified in the 
118.6   order or notice of withholding and amounts specified under 
118.7   sections 517C.58 and 517C.63 and must remit the amounts withheld 
118.8   to the public authority within seven business days of the date 
118.9   the obligor is paid the remainder of the income.  The payor of 
118.10  funds must include with the remittance the social security 
118.11  number of the obligor, the case type indicator as provided by 
118.12  the public authority, and the date the obligor is paid the 
118.13  remainder of the income.  The obligor is considered to have paid 
118.14  the amount withheld as of the date the obligor received the 
118.15  remainder of the income.  A payor of funds may combine all 
118.16  amounts withheld from one pay period into one payment to each 
118.17  public authority, but must separately identify each obligor 
118.18  making payment. 
118.19     Subd. 3.  [RETALIATION PROHIBITED.] A payor of funds must 
118.20  not discharge, or refuse to hire, or otherwise discipline an 
118.21  employee as a result of wage or salary withholding authorized by 
118.22  this chapter. 
118.23     Subd. 4.  [UPDATED ORDERS.] If more than one order for or 
118.24  notice of withholding exists involving the same obligor and 
118.25  child, the public authority must enforce the most recent order 
118.26  or notice.  An order for or notice of withholding that was 
118.27  previously implemented according to this chapter ends as of the 
118.28  date of the most recent order.  The public authority must notify 
118.29  the payor of funds to withhold under the most recent withholding 
118.30  order or notice. 
118.31     Subd. 5.  [NOTIFICATION OF TERMINATION.] When an order for 
118.32  or notice of withholding is in effect and the obligor's 
118.33  employment is terminated, the obligor and the payor of funds 
118.34  must notify the public authority of the termination within ten 
118.35  days of the termination date.  The termination notice must 
118.36  include the obligor's home address and the name and address of 
119.1   the obligor's new payor of funds, if known. 
119.2      Subd. 6.  [EXPENSES.] A payor of funds may deduct $1 from 
119.3   the obligor's remaining salary for each payment made pursuant to 
119.4   an order for or notice of withholding under this chapter to 
119.5   cover the expenses of withholding. 
119.6      Sec. 44.  [517C.55] [LUMP-SUM PAYMENTS.] 
119.7      Subdivision 1.  [APPLICATION.] (a) This section applies to 
119.8   lump-sum payments of $500 or more including, but not limited to, 
119.9   severance pay, accumulated sick pay, vacation pay, bonuses, 
119.10  commissions, or other pay or benefits. 
119.11     (b) The Consumer Credit Protection Act, United States Code, 
119.12  title 15, section 1673(b), does not apply to lump-sum payments. 
119.13     Subd. 2.  [PAYOR OF FUNDS RESPONSIBILITIES.] Before 
119.14  transmitting a lump-sum payment to an obligor, a payor of funds 
119.15  who has been served with an order for or notice of income 
119.16  withholding under this chapter must: 
119.17     (1) notify the public authority of the lump-sum payment 
119.18  that is to be paid to the obligor; and 
119.19     (2) hold the lump-sum payment for 30 days after the date 
119.20  the lump-sum payment would otherwise have been paid to the 
119.21  obligor, notwithstanding sections 176.221, 176.225, 176.521, 
119.22  181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota 
119.23  Rules, part 1415.2000, subpart 10. 
119.24     Subd. 3.  [PUBLIC AUTHORITY OPTIONS.] (a) The public 
119.25  authority may direct the payor of funds to pay the lump-sum 
119.26  payment, up to the amount of judgments or arrears, to the public 
119.27  authority if: 
119.28     (1) a judgment entered pursuant to section 548.091, 
119.29  subdivision 1a, exists against the obligor, or other support 
119.30  arrears exist; and 
119.31     (2) a portion of the judgment or arrears remains unpaid. 
119.32     (b) If no judgment or arrears exist, the public authority 
119.33  may seek a court order directing the payor of funds to transmit 
119.34  all or a portion of the lump-sum payment to the public authority 
119.35  for future support.  To obtain a court order under this 
119.36  paragraph, the public authority must show a past willful 
120.1   nonpayment of support by the obligor. 
120.2      Sec. 45.  [517C.56] [PAYOR OF FUNDS LIABILITY.] 
120.3      Subdivision 1.  [LIABILITY TO OBLIGEE.] A payor of funds is 
120.4   liable to the obligee for amounts required to be withheld.  A 
120.5   payor of funds that fails to withhold or transfer funds in 
120.6   accordance with this chapter is liable to the obligee for 
120.7   interest on the funds at the rate applicable to judgments under 
120.8   section 549.09, computed from the date the funds were required 
120.9   to be withheld or transferred.  A payor of funds is liable for 
120.10  reasonable attorney fees of the obligee or public authority 
120.11  incurred in enforcing the liability under this paragraph.  A 
120.12  payor of funds that has failed to comply with the requirements 
120.13  of sections 517C.51 to 517C.62 is subject to contempt sanctions 
120.14  under section 517C.57.  If the payor of funds is an employer or 
120.15  independent contractor and violates this subdivision, a court 
120.16  may award the obligor twice the wages lost as a result of this 
120.17  violation.  If a court finds a payor of funds violated this 
120.18  subdivision, the court must impose a civil fine of not less than 
120.19  $500.  The liabilities under this subdivision apply to 
120.20  intentional noncompliance by a payor of funds with the 
120.21  requirements of sections 517C.51 to 517C.62. 
120.22     Subd. 2.  [NONLIABILITY FOR COMPLIANCE.] A payor of funds 
120.23  is not subject to civil liability to any individual or agency 
120.24  for taking action in compliance with an income withholding order 
120.25  or notice of withholding that appears regular on its face 
120.26  according to this chapter or chapter 518C. 
120.27     Sec. 46.  [517C.57] [EMPLOYER CONTEMPT.] 
120.28     Subdivision 1.  [ORDERS BINDING.] Notices or orders for 
120.29  income withholding or medical support issued pursuant to this 
120.30  chapter are binding on the employer, trustee, or other payor of 
120.31  funds after the order or notice has been transmitted to the 
120.32  employer, trustee, or payor of funds. 
120.33     Subd. 2.  [CONTEMPT ACTION.] (a) An obligee or the public 
120.34  authority may initiate a contempt action against an employer, 
120.35  trustee, or payor of funds, within the action that created the 
120.36  support obligation, by serving an order to show cause upon the 
121.1   employer, trustee, or payor of funds. 
121.2      (b) The employer, trustee, or payor of funds is presumed to 
121.3   be in contempt: 
121.4      (1) if the employer, trustee, or payor of funds has 
121.5   intentionally failed to withhold support after receiving the 
121.6   order or notice for income withholding or notice of enforcement 
121.7   of medical support; or 
121.8      (2) upon presentation of pay stubs or similar documentation 
121.9   showing that the employer, trustee, or payor of funds withheld 
121.10  support and demonstrating that the employer, trustee, or payor 
121.11  of funds intentionally failed to remit support to the public 
121.12  authority. 
121.13     Subd. 3.  [SANCTIONS.] The employer, trustee, or payor of 
121.14  funds is liable to the obligee or the public authority for 
121.15  amounts required to be withheld that were not paid.  The court 
121.16  may enter judgment against the employer, trustee, or payor of 
121.17  funds for support not withheld or remitted.  An employer, 
121.18  trustee, or payor of funds found guilty of contempt must be 
121.19  punished by a fine of not more than $250 as provided in chapter 
121.20  588.  The court may also impose other contempt sanctions 
121.21  authorized under chapter 588. 
121.22     Sec. 47.  [517C.58] [PRIORITY OF INCOME WITHHOLDING ORDERS; 
121.23  MAXIMUM WITHHOLDING.] 
121.24     Subdivision 1.  [PRIORITY.] (a) An order for or notice of 
121.25  withholding under this chapter or execution or garnishment upon 
121.26  a judgment for child support arrears or preadjudicated expenses 
121.27  has priority over an attachment, execution, garnishment, or wage 
121.28  assignment and is not subject to the statutory limitations on 
121.29  amounts levied against the income of the obligor.  Amounts 
121.30  withheld from an employee's income must not exceed the maximum 
121.31  permitted under the Consumer Credit Protection Act, United 
121.32  States Code, title 15, section 1673(b). 
121.33     Subd. 2.  [MULTIPLE ORDERS.] If a single employee is 
121.34  subject to multiple withholding orders or multiple notices of 
121.35  withholding for the support of more than one child, the payor of 
121.36  funds must comply with all of the orders or notices to the 
122.1   extent that the total amount withheld from the obligor's income 
122.2   does not exceed the limits imposed under the Consumer Credit 
122.3   Protection Act, United States Code, title 15, section 1673(b), 
122.4   giving priority to amounts designated in each order or notice as 
122.5   current support as follows: 
122.6      (1) if the total of the amounts designated in the orders 
122.7   for or notices of withholding as current support exceeds the 
122.8   amount available for income withholding, the payor of funds must 
122.9   allocate to each order or notice an amount for current support 
122.10  equal to the amount designated in that order or notice as 
122.11  current support, divided by the total of the amounts designated 
122.12  in the orders or notices as current support, multiplied by the 
122.13  amount of the income available for income withholding; and 
122.14     (2) if the total of the amounts designated in the orders 
122.15  for or notices of withholding as current support does not exceed 
122.16  the amount available for income withholding, the payor of funds 
122.17  must pay the amounts designated as current support, and must 
122.18  allocate to each order or notice an amount for past due support, 
122.19  equal to the amount designated in that order or notice as past 
122.20  due support, divided by the total of the amounts designated in 
122.21  the orders or notices as past due support, multiplied by the 
122.22  amount of income remaining available for income withholding 
122.23  after the payment of current support. 
122.24     Sec. 48.  [517C.59] [SUBSEQUENT INCOME WITHHOLDING.] 
122.25     Subdivision 1.  [APPLICATION.] This section applies to 
122.26  support orders that do not contain provisions for income 
122.27  withholding. 
122.28     Subd. 2.  [WHEN THE PUBLIC AUTHORITY IS A PARTY.] If the 
122.29  public authority is a party, income withholding under this 
122.30  section takes effect without prior judicial notice to the 
122.31  obligor and without the need for judicial or administrative 
122.32  hearing.  Withholding must be initiated when: 
122.33     (1) the obligor requests it in writing to the public 
122.34  authority; 
122.35     (2) the obligee or obligor serves on the public authority a 
122.36  copy of the notice of income withholding, a copy of the court's 
123.1   order, an application, and the fee to use the public authority's 
123.2   collection services; or 
123.3      (3) the public authority commences withholding under 
123.4   section 517C.43. 
123.5      Subd. 3.  [WHEN THE PUBLIC AUTHORITY IS NOT A PARTY.] If 
123.6   the public authority is not a party, income withholding under 
123.7   this section must be initiated when an obligee requests it by 
123.8   making a written motion to the court and the court finds that 
123.9   previous support has not been paid on a timely consistent basis 
123.10  or that the obligor has threatened expressly or otherwise to 
123.11  stop or reduce payments. 
123.12     Subd. 4.  [NOTICE.] Within two days after the public 
123.13  authority commences withholding under this section, the public 
123.14  authority must send to the obligor at the obligor's last known 
123.15  address, notice that withholding has commenced.  The notice must 
123.16  include the information provided to the payor of funds in the 
123.17  notice of withholding. 
123.18     Subd. 5.  [CONTEST.] (a) The obligor may contest 
123.19  withholding under this section on the limited grounds that the 
123.20  withholding or the amount withheld is improper due to mistake of 
123.21  fact.  An obligor who chooses to contest the withholding must do 
123.22  so no later than 15 days after the employer commences 
123.23  withholding, by doing all of the following: 
123.24     (1) file a request for an expedited child support hearing 
123.25  under section 484.702, and include in the request the alleged 
123.26  mistake of fact; 
123.27     (2) serve a copy of the request for contested hearing upon 
123.28  the public authority and the obligee; and 
123.29     (3) secure a date for the contested hearing no later than 
123.30  45 days after receiving notice that withholding has commenced. 
123.31     (b) The income withholding must remain in place while the 
123.32  obligor contests the withholding. 
123.33     (c) If the court finds a mistake in the amount of the 
123.34  arrears to be withheld, the court must continue the income 
123.35  withholding, but it must correct the amount of the arrears to be 
123.36  withheld. 
124.1      Sec. 49.  [517C.60] [INCOME WITHHOLDING; ARREARS ORDER.] 
124.2      (a) In addition to ordering income withholding for current 
124.3   support the court may order the payor of funds to withhold 
124.4   amounts to satisfy the obligor's previous arrears in support 
124.5   order payments.  Use of this remedy does not exclude the use of 
124.6   other remedies to enforce judgments.  The employer or payor of 
124.7   funds must withhold from the obligor's income an additional 
124.8   amount equal to 20 percent of the monthly child support 
124.9   obligation until the arrears are paid. 
124.10     (b) Notwithstanding any law to the contrary, funds from 
124.11  income sources included in section 517C.12, subdivision 1, 
124.12  whether periodic or lump-sum, are not exempt from attachment or 
124.13  execution upon a judgment for child support arrears. 
124.14     (c) Absent an order to the contrary, if arrears exist at 
124.15  the time a support order would otherwise terminate, income 
124.16  withholding continues in effect or may be implemented in an 
124.17  amount equal to the support order plus an additional 20 percent 
124.18  of the monthly child support obligation, until all arrears have 
124.19  been paid in full. 
124.20     Sec. 50.  [517C.61] [INTERSTATE INCOME WITHHOLDING.] 
124.21     (a) Upon receipt of an order for support entered in another 
124.22  state and the specified documentation from an authorized agency, 
124.23  the public authority must implement income withholding.  A payor 
124.24  of funds in this state must withhold income under court orders 
124.25  for withholding issued by other states or territories. 
124.26     (b) An employer receiving an income withholding notice from 
124.27  another state must withhold and distribute the funds as directed 
124.28  in the withholding notice and must apply the law of the 
124.29  obligor's principal place of employment when determining: 
124.30     (1) the employer's fee for processing an income withholding 
124.31  notice; 
124.32     (2) the maximum amount permitted to be withheld from the 
124.33  obligor's income; and 
124.34     (3) deadlines for implementing and forwarding the child 
124.35  support payment. 
124.36     (c) An obligor may contest withholding under this section 
125.1   pursuant to section 518C.506. 
125.2      Sec. 51.  [517C.62] [ORDER TERMINATING INCOME WITHHOLDING.] 
125.3      Subdivision 1.  [GENERAL PROCEDURE.] (a) An order 
125.4   terminating income withholding must specify the effective date 
125.5   of the order and reference the initial order or decree that 
125.6   establishes the support obligation.  An order terminating income 
125.7   withholding must be entered if: 
125.8      (1) the obligor serves written notice of the application 
125.9   for termination of income withholding by mail upon the obligee 
125.10  at the obligee's last known mailing address, and a duplicate 
125.11  copy of the application is served on the public authority; 
125.12     (2) the application for termination of income withholding 
125.13  specifies the event that terminates the support obligation, the 
125.14  effective date of the termination of the support obligation, and 
125.15  the applicable provisions of the order or decree that 
125.16  established the support obligation; and 
125.17     (3) the application includes the complete name of the 
125.18  obligor's payor of funds, the business mailing address, the 
125.19  court action and court file number, and the support and 
125.20  collections file number, if known. 
125.21     (b) The obligee or the public authority may request a 
125.22  contested hearing on the issue of whether income withholding 
125.23  should continue.  The request must be made within 20 days of 
125.24  receiving an application for termination of income withholding.  
125.25  The request must clearly specify the basis for continuing income 
125.26  withholding.  The obligee or public authority may make an ex 
125.27  parte motion to stay the service of an order terminating income 
125.28  withholding upon the obligor's payor of funds pending the 
125.29  outcome of the contested hearing. 
125.30     Subd. 2.  [TERMINATION BY THE PUBLIC AUTHORITY.] (a) If the 
125.31  public authority determines that income withholding is no longer 
125.32  applicable, the public authority must notify the obligee and the 
125.33  obligor of intent to terminate income withholding. 
125.34     (b) Five days after notification to the obligee and 
125.35  obligor, the public authority must issue a notice to the payor 
125.36  of funds terminating income withholding.  A court order is not 
126.1   required unless the obligee has requested an expedited child 
126.2   support hearing under section 484.702. 
126.3      Sec. 52.  [517C.63] [CHILD SUPPORT DEPOSIT ACCOUNT; 
126.4   FINANCIAL INSTITUTIONS.] 
126.5      Subdivision 1.  [APPLICATION.] If income withholding is 
126.6   ineffective due to the obligor's method of obtaining income, the 
126.7   court must order the obligor to identify a child support deposit 
126.8   account owned solely by the obligor, or to establish an account, 
126.9   in a financial institution located in this state for the purpose 
126.10  of depositing court-ordered child support payments.  The court 
126.11  must order the obligor to execute an agreement with the 
126.12  appropriate public authority for preauthorized transfers from 
126.13  the obligor's child support account payable to an account of the 
126.14  public authority.  The court must order the obligor to disclose 
126.15  to the court all deposit accounts owned by the obligor in whole 
126.16  or in part in any financial institution.  The court may order 
126.17  the obligor to disclose to the court the opening or closing of 
126.18  any deposit account owned in whole or in part by the obligor 
126.19  within 30 days of the opening or closing.  The court may order 
126.20  the obligor to execute an agreement with the appropriate public 
126.21  authority for preauthorized transfers from any deposit account 
126.22  owned in whole or in part by the obligor to the obligor's child 
126.23  support deposit account if necessary to satisfy court-ordered 
126.24  child support payments.  The court may order a financial 
126.25  institution to disclose to the court the account number and any 
126.26  other information regarding accounts owned in whole or in part 
126.27  by the obligor.  An obligor who fails to comply with this 
126.28  subdivision, fails to deposit funds in at least one deposit 
126.29  account sufficient to pay court-ordered child support, or stops 
126.30  payment or revokes authorization of a preauthorized transfer is 
126.31  subject to contempt of court procedures under chapter 588. 
126.32     Subd. 2.  [TRANSFERS.] A financial institution must execute 
126.33  preauthorized transfers for the deposit accounts of the obligor 
126.34  in the amount specified in the order and amounts required under 
126.35  this section as directed by the public authority.  A financial 
126.36  institution is liable to the obligee if funds in any of the 
127.1   obligor's deposit accounts identified in the court order equal 
127.2   the amount stated in the preauthorization agreement but are not 
127.3   transferred by the financial institution in accordance with the 
127.4   agreement. 
127.5      Sec. 53.  [517C.64] [ESCROW ACCOUNT.] 
127.6      Subdivision 1.  [ESTABLISHMENT.] (a) When determining or 
127.7   modifying a support order the court must not order income 
127.8   withholding otherwise required under sections 517C.51 to 517C.62 
127.9   if: 
127.10     (1) the court finds there are no arrears as of the date of 
127.11  the court hearing; 
127.12     (2) the obligor establishes a savings account for a sum 
127.13  equal to two months of the monthly child support obligation; and 
127.14     (3) the obligor provides proof of the existence of the 
127.15  account to the court and the public authority prior to the 
127.16  issuance of the order.  Proof of the establishment must include 
127.17  the financial institution name and address, account number, and 
127.18  the amount of deposit. 
127.19     (b) An account established under paragraph (a) must: 
127.20     (1) be at a financial institution; 
127.21     (2) bear interest; and 
127.22     (3) authorize the public authority as the sole drawer of 
127.23  funds. 
127.24     Subd. 2.  [DEFAULT.] (a) If a child support payment is ten 
127.25  days or more past due, the obligee may transmit a notice of 
127.26  default to the public authority and apply for child support 
127.27  collection services.  The notice must be verified by the obligee 
127.28  and must contain the title of the action, the court file number, 
127.29  the full name and address of the obligee, the name and last 
127.30  known address of the obligor, the obligor's last known employer 
127.31  or other payor of funds, the date of the first unpaid amount, 
127.32  the date of the last unpaid amount, and the total amount unpaid. 
127.33     (b) Within three working days of receiving a notice of 
127.34  default, the public authority must: 
127.35     (1) withdraw the funds held at the financial institution 
127.36  under this section; and 
128.1      (2) send a copy of the notice of default and a notice of 
128.2   intent to implement income withholding by mail to the obligor at 
128.3   the obligor's last known address. 
128.4      (c) The notice of intent to implement income withholding 
128.5   must state that the support order will be served on the 
128.6   obligor's employer or payor of funds unless within 15 days of 
128.7   the date of the notice the obligor: 
128.8      (1) requests a hearing on the issue of whether payment was 
128.9   in default as of the date of the notice of default; and 
128.10     (2) serves notice of the hearing request on the public 
128.11  authority and the obligee. 
128.12     Subd. 3.  [DUTIES OF THE PUBLIC AUTHORITY.] (a) Within 
128.13  three working days of withdrawing sums under subdivision 2, the 
128.14  public authority must remit all amounts not assigned to the 
128.15  public authority to the obligee as current support. 
128.16     (b) The public authority must also serve a copy of the 
128.17  court's order and the provisions of sections 517C.51 to 517C.62 
128.18  and this section on the obligor's employer or other payor of 
128.19  funds unless the obligor requests a hearing under subdivision 2, 
128.20  paragraph (c). 
128.21     (c) The public authority must inform the obligor's employer 
128.22  or other payor of funds of the date the next support payment is 
128.23  due.  Income withholding must begin on that date and must 
128.24  reflect the total credits of principal and interest amounts 
128.25  received from the escrow account. 
128.26     Subd. 4.  [HEARING.] (a) If the obligor requests a hearing 
128.27  under subdivision 2, paragraph (c), the court must hold a 
128.28  hearing within 30 days of the date of the notice of default 
128.29  under subdivision 2, paragraph (a). 
128.30     (b) If the court finds that there was a default, the court 
128.31  must order the immediate withholding of support from the 
128.32  obligor's income. 
128.33     (c) If the court finds that there was no default, the court 
128.34  must order the reestablishment of the escrow account by either 
128.35  the obligee or obligor and must not order income withholding. 
128.36     Subd. 5.  [TERMINATION OF ESCROW ACCOUNT.] (a) When the 
129.1   support obligation ends under the terms of the order or decree 
129.2   establishing the obligation and the sum held under this section 
129.3   has not otherwise been released, the public authority must 
129.4   release the sum and interest to the obligor if the obligor 
129.5   transmits a notice of termination to the public authority.  The 
129.6   notice must be verified by the obligor and must indicate: 
129.7      (1) the title of the action; 
129.8      (2) the court file number; 
129.9      (3) the full name and address of the obligee; 
129.10     (4) the event that ends the support obligation; 
129.11     (5) the effective date of the termination of support 
129.12  obligation; and 
129.13     (6) the applicable provisions of the order or decree that 
129.14  established the support obligation. 
129.15     (b) The public authority must send a copy of the notice of 
129.16  termination to the obligee. 
129.17     (c) The obligee or the public authority may request a 
129.18  hearing on the issues of whether the support obligation 
129.19  continues and whether the escrow account should continue.  The 
129.20  request must be made and served on the other parties within 20 
129.21  days of receiving a notice of termination. 
129.22     Sec. 54.  [517C.65] [TRUSTEE.] 
129.23     Subdivision 1.  [APPOINTMENT.] Upon its own motion or upon 
129.24  motion of either party, the court may appoint a trustee, when it 
129.25  is deemed expedient, to receive money ordered to be paid as 
129.26  child support for remittance to the person entitled to receive 
129.27  the payments.  The trustee may also receive property that is 
129.28  part of an award for division of marital property.  The trustee 
129.29  must hold the property in trust to invest and pay over the 
129.30  income in the manner the court directs, or to pay over the 
129.31  principal sum in the proportions and at the times the court 
129.32  orders.  In all cases, the court must consider the situation and 
129.33  circumstances of the recipient, and the children, if any.  The 
129.34  trust must give a bond, as the court requires, for the faithful 
129.35  performance of the trust.  If it appears that the recipient of 
129.36  money ordered to be paid as support will receive public 
130.1   assistance, the court must appoint the public authority as 
130.2   trustee. 
130.3      Subd. 2.  [RECORDS.] The trustee must maintain records 
130.4   listing the amount of payments, the date when payments are 
130.5   required to be made, and the names and addresses of the parties 
130.6   affected by the order. 
130.7      Subd. 3.  [COMMUNICATION.] The parties affected by the 
130.8   order must inform the trustee of a change of address or of other 
130.9   conditions that may affect the administration of the order. 
130.10     Subd. 4.  [LATE PAYMENT.] If a required support payment is 
130.11  ten days or more overdue, the trustee must send the obligor 
130.12  notice of the arrears by first class mail.  If payment of the 
130.13  sum due is not received by the trustee within ten days after 
130.14  sending notice, the trustee must certify the amount due to the 
130.15  public authority, whenever that authority is not the trustee.  
130.16  If the public authority refers the arrears to the county 
130.17  attorney, the county attorney may initiate enforcement 
130.18  proceedings against the obligor for support. 
130.19     Sec. 55.  [517C.66] [OVERPAYMENTS.] 
130.20     If child support is not assigned under section 256.741, and 
130.21  an obligor has overpaid a child support obligation because of a 
130.22  modification or error in the amount owed, the public authority 
130.23  must: 
130.24     (1) apply the amount of the overpayment to reduce the 
130.25  amount of child support arrears or debts owed to the obligee; 
130.26  and 
130.27     (2) if an overpayment exists after the reduction of arrears 
130.28  or debt, reduce the amount of the child support remitted to the 
130.29  obligee by an amount no greater than 20 percent of the current 
130.30  monthly support obligation and remit this amount to the obligor 
130.31  until the overpayment is reduced to zero. 
130.32     Sec. 56.  [517C.67] [ALTERNATE NOTICE OF COURT ORDER.] 
130.33     Whenever this chapter requires service of a court's order 
130.34  on an employer, union, or payor of funds, service of a verified 
130.35  notice of order may be made in lieu of the order.  The verified 
130.36  notice must contain the title of the action, the name of the 
131.1   court, the court file number, the date of the court order, and 
131.2   must recite the operative provisions of the order. 
131.3      Sec. 57.  [517C.70] [CHILD SUPPORT AND PARENTING TIME ARE 
131.4   INDEPENDENT.] 
131.5      (a) Failure by a party to make support payments is not a 
131.6   defense to:  
131.7      (1) interference with parenting time rights; or 
131.8      (2) removing a child from this state without the permission 
131.9   of the court or of a parent who has been given parenting time. 
131.10     (b) Interference with parenting time rights or taking a 
131.11  child from this state without permission of the court or of a 
131.12  parent who has been given parenting time is not a defense to 
131.13  nonpayment of support. 
131.14     (c) If a party fails to make support payments, interferes 
131.15  with parenting time rights, or removes a child from this state 
131.16  without permission of the court or of a parent who has been 
131.17  given parenting time, the other party may petition the court for 
131.18  an appropriate order. 
131.19     Sec. 58.  [517C.71] [PAYMENT AGREEMENTS.] 
131.20     Subdivision 1.  [GENERAL REQUIREMENTS.] An obligor who has 
131.21  child support arrears may enter into a payment agreement that 
131.22  addresses payment of both current and overdue support.  Payment 
131.23  agreements must: 
131.24     (1) be in writing; 
131.25     (2) address both current support and arrears; and 
131.26     (3) be approved by the court, a child support magistrate, 
131.27  or the public authority. 
131.28     Subd. 2.  [CONSIDERATIONS.] In proposing or approving 
131.29  proposed payment agreements for purposes of this chapter, the 
131.30  court, a child support magistrate, or the public authority must 
131.31  take into consideration the amount of the arrears, the amount of 
131.32  the current support order, any pending request for modification, 
131.33  and the earnings of the obligor.  The court, child support 
131.34  magistrate, or public authority must consider the individual 
131.35  financial circumstances of each obligor in evaluating the 
131.36  obligor's ability to pay a proposed payment agreement and must 
132.1   propose a reasonable payment agreement tailored to the 
132.2   individual financial circumstances of each obligor. 
132.3      Sec. 59.  [517C.72] [SEEK EMPLOYMENT ORDERS.] 
132.4      Subdivision 1.  [COURT ORDER.] (a) When the public 
132.5   authority is enforcing a support order, the public authority may 
132.6   seek a court order requiring an obligor to seek employment if: 
132.7      (1) employment of the obligor cannot be verified; 
132.8      (2) the obligor has child support arrears amounting to at 
132.9   least three times the obligor's total monthly support payments; 
132.10  and 
132.11     (3) the obligor is not in compliance with a payment 
132.12  agreement. 
132.13     (b) Upon proper notice to the obligor, the court may enter 
132.14  a seek employment order if it finds that the obligor has not 
132.15  provided proof of gainful employment and has not consented to an 
132.16  order for income withholding or entered into a payment agreement.
132.17     Subd. 2.  [CONTENTS OF ORDER.] The order to seek employment 
132.18  must: 
132.19     (1) order that the obligor seek employment within a 
132.20  determinate amount of time; 
132.21     (2) order that the obligor file with the public authority a 
132.22  weekly report of at least five new attempts to find employment 
132.23  or of having found employment.  The report must include the 
132.24  names, addresses, and telephone numbers of the employers or 
132.25  businesses with whom the obligor attempted to obtain employment 
132.26  and the name of the individual contact at each employer or 
132.27  business to whom the obligor made application for employment or 
132.28  to whom an inquiry was directed; 
132.29     (3) notify the obligor that failure to comply with the 
132.30  order is evidence of a willful failure to pay support under 
132.31  section 517C.74; 
132.32     (4) order that the obligor provide the public authority 
132.33  with verification of any reason for noncompliance with the 
132.34  order; and 
132.35     (5) specify the duration of the order, not to exceed three 
132.36  months. 
133.1      Sec. 60.  [517C.73] [ORDER FOR COMMUNITY SERVICES.] 
133.2      If the court finds that the obligor earns $400 or less per 
133.3   month and does not have the ability to provide support based on 
133.4   the guidelines and factors in this chapter, the court may order 
133.5   the obligor to perform community services to fulfill the 
133.6   obligor's support obligation.  In ordering community services 
133.7   under this section, the court must consider whether the obligor 
133.8   has the physical capability to perform community services, and 
133.9   must order community services that are appropriate for the 
133.10  obligor's abilities. 
133.11     Sec. 61.  [517C.74] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 
133.12  SUPPORT.] 
133.13     Subdivision 1.  [GROUNDS.] If a person against whom an 
133.14  order or decree for support has been entered under this chapter, 
133.15  chapter 256, or a comparable law from another jurisdiction, has 
133.16  child support arrears amounting to at least three times the 
133.17  obligor's total monthly support obligation and is not in 
133.18  compliance with a payment agreement, the person may be cited and 
133.19  punished by the court for contempt under chapter 588 or this 
133.20  section.  Failure to comply with a seek employment order entered 
133.21  under section 517C.72 is evidence of willful failure to pay 
133.22  support. 
133.23     Subd. 2.  [COURT OPTIONS.] (a) If a court cites a person 
133.24  for contempt under this section, and the obligor lives in a 
133.25  county that contracts with the commissioner of human services 
133.26  under section 256.997, the court may order the performance of 
133.27  community service work up to 32 hours per week for six weeks for 
133.28  each finding of contempt if the obligor: 
133.29     (1) is able to work full time; 
133.30     (2) works an average of less than 32 hours per week; and 
133.31     (3) has actual weekly gross income averaging less than 40 
133.32  times the federal minimum hourly wage under United States Code, 
133.33  title 29, section 206(a)(1), or is voluntarily earning less than 
133.34  the obligor has the ability to earn, as determined by the court. 
133.35     (b) An obligor is presumed to be able to work full time.  
133.36  The obligor has the burden of proving inability to work full 
134.1   time. 
134.2      Subd. 3.  [RELEASE.] A person ordered to do community 
134.3   service work under subdivision 2 may, during the six-week 
134.4   period, apply to the court, an administrative law judge, or the 
134.5   public authority to be released from the community service work 
134.6   requirement if the person: 
134.7      (1) provides proof to the court, an administrative law 
134.8   judge, or the public authority that the person is gainfully 
134.9   employed and submits to an order for income withholding under 
134.10  section 517C.52; 
134.11     (2) enters into a payment agreement; or 
134.12     (3) provides proof to the court, an administrative law 
134.13  judge, or the public authority that, after entry of the order, 
134.14  the person's circumstances have so changed that the person is no 
134.15  longer able to fulfill the terms of the community service order. 
134.16     Subd. 4.  [CONTINUING OBLIGATIONS.] The performance of 
134.17  community service work does not relieve an obligor of a current 
134.18  support obligation or arrears. 
134.19     Sec. 62.  [517C.745] [SECURITY; SEQUESTRATION; CONTEMPT.] 
134.20     (a) In all cases when support payments are ordered, the 
134.21  court may require sufficient security to be given for the 
134.22  payment of them according to the terms of the order.  Upon 
134.23  neglect or refusal to give security, or upon failure to pay the 
134.24  support, the court may sequester the obligor's personal estate 
134.25  and the rents and profits of real estate of the obligor, and 
134.26  appoint a receiver of them.  The court may cause the personal 
134.27  estate and the rents and profits of the real estate to be 
134.28  applied according to the terms of the order. 
134.29     (b) The obligor is presumed to have an income from a source 
134.30  sufficient to pay the support order.  A child support order 
134.31  constitutes prima facie evidence that the obligor has the 
134.32  ability to pay the award.  If the obligor disobeys the order, it 
134.33  is prima facie evidence of contempt.  The court may cite the 
134.34  obligor for contempt under this section, section 517C.74, or 
134.35  chapter 588. 
134.36     Sec. 63.  [517C.75] [DRIVER'S LICENSE SUSPENSION.] 
135.1      Subdivision 1.  [FACTORS WARRANTING SUSPENSION.] An 
135.2   obligor's driver's license must be suspended if: 
135.3      (1) the obligor has child support arrears amounting to at 
135.4   least three times the obligor's total monthly support obligation 
135.5   and the obligor is not in compliance with a payment agreement; 
135.6   or 
135.7      (2) the obligor has failed, after receiving notice, to 
135.8   comply with a subpoena relating to a paternity or child support 
135.9   proceeding. 
135.10     Subd. 2.  [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 
135.11  of a party, the court must order the commissioner of public 
135.12  safety to suspend an obligor's driver's license if the court 
135.13  finds that a factor in subdivision 1 exists. 
135.14     (b) The motion must be properly served and there must be an 
135.15  opportunity for a hearing pursuant to court rules.  If a hearing 
135.16  is requested, the obligor must be served written notice of the 
135.17  time and date of the hearing at least 14 days prior to the 
135.18  hearing.  The notice must specify the allegations against the 
135.19  obligor.  The notice may be served personally or by mail. 
135.20     (c) The court's order must be stayed for 90 days in order 
135.21  to allow the obligor to enter into a payment agreement.  If the 
135.22  obligor has not entered into or is not in compliance with a 
135.23  payment agreement after the 90 days expire, the court's order 
135.24  becomes effective and the commissioner of public safety must 
135.25  suspend the obligor's driver's license. 
135.26     (d) An obligee may not make a motion under this section 
135.27  within 12 months of a denial of a previous motion under this 
135.28  section. 
135.29     (e) At a hearing regarding the obligor's failure to comply 
135.30  with a subpoena, the only issues to be considered are mistake of 
135.31  fact and whether the obligor received the subpoena. 
135.32     Subd. 3.  [SUSPENSION INITIATED BY THE PUBLIC 
135.33  AUTHORITY.] (a) The public authority must direct the 
135.34  commissioner of public safety to suspend an obligor's driver's 
135.35  license if the public authority determines that a factor in 
135.36  subdivision 1 exists. 
136.1      (b) At least 90 days before directing the suspension of a 
136.2   driver's license the public authority must attempt to notify the 
136.3   obligor that it intends to seek suspension and that the obligor 
136.4   must request a hearing within 30 days in order to contest the 
136.5   suspension.  The notice must be in writing and mailed to the 
136.6   obligor at the obligor's last known address. 
136.7      (c) If the obligor makes a written request for a hearing 
136.8   within 30 days, a court hearing must be held.  The public 
136.9   authority must then make a motion to the court and schedule a 
136.10  hearing.  The matter must then proceed under subdivision 2. 
136.11     (d) If the public authority does not receive a request for 
136.12  a hearing within 30 days and the obligor does not enter into a 
136.13  payment agreement within 90 days of the date of the notice, the 
136.14  public authority must direct the commissioner of public safety 
136.15  to suspend the obligor's driver's license. 
136.16     Subd. 4.  [FAILURE TO REMAIN IN COMPLIANCE WITH A PAYMENT 
136.17  AGREEMENT.] The license of an obligor who fails to remain in 
136.18  compliance with a payment agreement may be suspended.  Notice to 
136.19  the obligor of intent to suspend under this subdivision must be 
136.20  served by first class mail at the obligor's last known address 
136.21  and must include a notice of hearing.  The notice must be served 
136.22  upon the obligor not less than ten days before the date of the 
136.23  hearing.  If the obligor appears at the hearing and the judge 
136.24  determines that the obligor has failed to comply with a payment 
136.25  agreement, the judge must notify the department of public safety 
136.26  to suspend the obligor's license.  If the obligor fails to 
136.27  appear at the hearing, the public authority may notify the 
136.28  department of public safety to suspend the obligor's license. 
136.29     Subd. 5.  [REINSTATEMENT.] An obligor whose driver's 
136.30  license or operating privileges are suspended may provide proof 
136.31  to the public authority that the obligor is in compliance with 
136.32  all payment agreements.  Within 15 days of the receipt of that 
136.33  proof, the public authority must inform the commissioner of 
136.34  public safety that the obligor's driver's license or operating 
136.35  privileges should no longer be suspended. 
136.36     Subd. 6.  [REPORT TO THE LEGISLATURE.] On January 15, 2003, 
137.1   and every two years after that, the commissioner of human 
137.2   services must submit a report to the legislature that identifies 
137.3   the following information relevant to the implementation of this 
137.4   section: 
137.5      (1) the number of child support obligors notified of an 
137.6   intent to suspend a driver's license; 
137.7      (2) the amount collected in payments from the child support 
137.8   obligors notified of an intent to suspend a driver's license; 
137.9      (3) the number of cases paid in full and payment agreements 
137.10  executed in response to notification of an intent to suspend a 
137.11  driver's license; 
137.12     (4) the number of cases in which there has been 
137.13  notification and no payments or payment agreements; 
137.14     (5) the number of driver's licenses suspended; and 
137.15     (6) the cost of implementation and operation of the 
137.16  requirements of this section. 
137.17     Sec. 64.  [517C.76] [OCCUPATIONAL LICENSE SUSPENSION.] 
137.18     Subdivision 1.  [FACTORS WARRANTING SUSPENSION.] An 
137.19  obligor's occupational license must be suspended if: 
137.20     (1) the obligor has child support arrears amounting to at 
137.21  least three times the obligor's total monthly support obligation 
137.22  and the obligor is not in compliance with a payment agreement; 
137.23  or 
137.24     (2) the obligor has failed, after receiving notice, to 
137.25  comply with a subpoena relating to a paternity or child support 
137.26  proceeding. 
137.27     Subd. 2.  [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 
137.28  of a party, the court must order a licensing board or agency to 
137.29  suspend an obligor's license under section 214.101 if the court 
137.30  finds that a factor in subdivision 1 exists. 
137.31     (b) The motion must be properly served and there must be an 
137.32  opportunity for a hearing pursuant to court rules.  If a hearing 
137.33  is requested, the obligor must be served written notice of the 
137.34  time and date of the hearing at least 14 days prior to the 
137.35  hearing.  The notice must specify the allegations against the 
137.36  obligor.  The notice may be served personally or by mail. 
138.1      (c) The court's order must be stayed for 90 days in order 
138.2   to allow the obligor to enter into a payment agreement.  If the 
138.3   obligor has not entered into or is not in compliance with a 
138.4   payment agreement after the 90 days expire, the court's order 
138.5   becomes effective. 
138.6      (d) At a hearing regarding the obligor's failure to comply 
138.7   with a subpoena, the only issues to be considered are mistake of 
138.8   fact and whether the obligor received the subpoena. 
138.9      (e) If the obligor is a licensed attorney, the court must 
138.10  report the matter to the lawyer's professional responsibility 
138.11  board for appropriate action in accordance with the Rules of 
138.12  Professional Conduct. 
138.13     Subd. 3.  [SUSPENSION INITIATED BY THE PUBLIC 
138.14  AUTHORITY.] (a) The public authority must direct a licensing 
138.15  board or agency to suspend an obligor's license under section 
138.16  214.101 if the public authority determines that the factors in 
138.17  subdivision 1 exist. 
138.18     (b) At least 90 days before directing the suspension of an 
138.19  occupational license, the public authority must attempt to 
138.20  notify the obligor that it intends to seek suspension and that 
138.21  the obligor must request a hearing within 30 days in order to 
138.22  contest the suspension.  The notice must be in writing and 
138.23  mailed to the obligor at the obligor's last known address. 
138.24     (c) If the obligor makes a written request for a hearing 
138.25  within 30 days a court hearing must be held.  The public 
138.26  authority must then make a motion to the court and schedule a 
138.27  hearing.  The matter must then proceed under subdivision 2. 
138.28     (d) If the public authority does not receive a request for 
138.29  a hearing within 30 days and the obligor does not execute a 
138.30  payment agreement within 90 days of the date of the notice, the 
138.31  public authority must direct the licensing board or agency to 
138.32  suspend the obligor's license. 
138.33     (e) If the obligor is a licensed attorney, the public 
138.34  authority may report the matter to the lawyer's professional 
138.35  responsibility board for appropriate action in accordance with 
138.36  the Rules of Professional Conduct. 
139.1      Subd. 4.  [FAILURE TO REMAIN IN COMPLIANCE WITH AN APPROVED 
139.2   PAYMENT AGREEMENT.] The license of an obligor who fails to 
139.3   remain in compliance with a payment agreement may be suspended.  
139.4   Notice to the obligor of an intent to suspend under this 
139.5   subdivision must be served by first class mail at the obligor's 
139.6   last known address and must include a notice of hearing.  The 
139.7   notice must be served upon the obligor not less than ten days 
139.8   before the date of the hearing.  If the obligor appears at the 
139.9   hearing and the judge determines that the obligor has failed to 
139.10  comply with a payment agreement, the judge must notify the 
139.11  licensing board or agency to suspend the obligor's license.  If 
139.12  the obligor fails to appear at the hearing, the public authority 
139.13  may notify the licensing board or agency to suspend the 
139.14  obligor's license. 
139.15     Subd. 5.  [REINSTATEMENT.] An obligor whose occupational 
139.16  license is suspended may provide proof to the public authority 
139.17  that the obligor is in compliance with all payment agreements.  
139.18  Within 15 days of the receipt of that proof, the public 
139.19  authority must inform the licensing board or agency or the 
139.20  lawyer's professional responsibility board that the obligor is 
139.21  no longer ineligible for license issuance, reinstatement, or 
139.22  renewal under this section. 
139.23     Sec. 65.  [517C.77] [DATA ON SUSPENSIONS FOR SUPPORT 
139.24  ARREARS.] 
139.25     Notwithstanding section 13.03, subdivision 4, paragraph 
139.26  (c), data on an occupational license suspension under section 
139.27  517C.76 or a driver's license suspension under section 517C.75, 
139.28  that are transferred by the department of human services to 
139.29  respectively the department of public safety or a state, county, 
139.30  or municipal occupational licensing agency must have the same 
139.31  classification at the department of public safety or other 
139.32  receiving agency under section 13.02, as other license 
139.33  suspension data held by the receiving agency.  The transfer of 
139.34  the data does not affect the classification of the data in the 
139.35  hands of the department of human services. 
139.36     Sec. 66.  [517C.78] [RECREATIONAL LICENSE SUSPENSION.] 
140.1      Subdivision 1.  [MOTION; FACTORS.] (a) A party may make a 
140.2   motion to suspend the recreational license or licenses of an 
140.3   obligor.  The motion must be served on the obligor in person or 
140.4   by first class mail at the obligor's last known address.  There 
140.5   must be an opportunity for a hearing.  The court may direct the 
140.6   commissioner of natural resources to suspend or bar receipt of 
140.7   the obligor's recreational license or licenses if it finds that: 
140.8      (1) the obligor has child support arrears amounting to at 
140.9   least six times the obligor's total monthly support payments and 
140.10  the obligor is not in compliance with a payment agreement; or 
140.11     (2) the obligor has failed, after receiving notice, to 
140.12  comply with a subpoena relating to a paternity or child support 
140.13  proceeding. 
140.14     (b) Prior to utilizing this section, the court must find 
140.15  that other substantial enforcement mechanisms have been 
140.16  attempted but have not resulted in compliance. 
140.17     Subd. 2.  [AFFECTED LICENSES.] For purposes of this 
140.18  section, a recreational license includes all licenses, permits, 
140.19  and stamps issued centrally by the commissioner of natural 
140.20  resources under sections 97B.301, 97B.401, 97B.501, 97B.515, 
140.21  97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305. 
140.22     Subd. 3.  [REINSTATEMENT.] An obligor whose recreational 
140.23  license has been suspended or barred may provide proof to the 
140.24  court that the obligor is in compliance with all payment 
140.25  agreements.  Within 15 days of receipt of that proof, the court 
140.26  must notify the commissioner of natural resources that the 
140.27  obligor's recreational license or licenses must no longer be 
140.28  suspended nor may receipt be barred. 
140.29     Sec. 67.  [517C.79] [MOTOR VEHICLE LIEN.] 
140.30     Subdivision 1.  [FACTORS WARRANTING LIEN.] A lien must be 
140.31  entered on any motor vehicle certificate of title subsequently 
140.32  issued in the name of an obligor if the obligor has child 
140.33  support arrears amounting to at least three times the obligor's 
140.34  total monthly support obligation and the obligor is not in 
140.35  compliance with a payment agreement. 
140.36     Subd. 2.  [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 
141.1   of a party, if the court finds that the factors in subdivision 1 
141.2   exist, the court must order the commissioner of public safety to 
141.3   enter a lien in the name of the obligee or in the name of the 
141.4   state of Minnesota, as appropriate, under section 168A.05, 
141.5   subdivision 8, on any motor vehicle certificate of title 
141.6   subsequently issued in the name of the obligor. 
141.7      (b) The motion must be properly served and there must be an 
141.8   opportunity for a hearing pursuant to court rules.  If a hearing 
141.9   is requested, the obligor must be served written notice of the 
141.10  time and date of the hearing at least 14 days prior to the 
141.11  hearing.  The notice must specify the allegations against the 
141.12  obligor.  The notice may be served personally or by mail. 
141.13     (c) The court's order must be stayed for 90 days in order 
141.14  to allow the obligor to enter into a payment agreement.  If the 
141.15  obligor has not entered into or is not in compliance with a 
141.16  payment agreement after the 90 days expires, the court's order 
141.17  becomes effective and the commissioner of public safety must 
141.18  record the lien on any motor vehicle certificate of title 
141.19  subsequently issued in the name of the obligor. 
141.20     Subd. 3.  [LIEN INITIATED BY THE PUBLIC AUTHORITY.] (a) If 
141.21  the public authority determines that the factors in subdivision 
141.22  1 exist, the public authority must direct the commissioner of 
141.23  public safety to enter a lien in the name of the obligee or in 
141.24  the name of the state of Minnesota, as appropriate, under 
141.25  section 168A.05, subdivision 8, on any motor vehicle certificate 
141.26  of title subsequently issued in the name of the obligor. 
141.27     (b) At least 90 days before directing the entry of a lien 
141.28  under this section the public authority must attempt to notify 
141.29  the obligor that it intends to record a lien and that the 
141.30  obligor must request a hearing within 30 days in order to 
141.31  contest the action.  The notice must be in writing and mailed to 
141.32  the obligor at the obligor's last known address. 
141.33     (c) If the obligor makes a written request for a hearing 
141.34  within 30 days a court hearing must be held.  The public 
141.35  authority must then make a motion to the court and schedule a 
141.36  hearing.  The matter must then proceed under subdivision 2. 
142.1      (d) If the public authority does not receive a request for 
142.2   a hearing within 30 days and the obligor does not enter into a 
142.3   payment agreement within 90 days of the date of the notice, the 
142.4   public authority must direct the commissioner of public safety 
142.5   to record the lien. 
142.6      Subd. 4.  [RELEASE.] An obligor may provide proof to the 
142.7   court or the public authority that the obligor is in compliance 
142.8   with all payment agreements or that the value of the motor 
142.9   vehicle is less than the exemption provided under section 
142.10  550.37.  Within 15 days of the receipt of that proof, the court 
142.11  or public authority must either: 
142.12     (1) execute a release of security interest under section 
142.13  168A.20, subdivision 4, and mail or deliver the release to the 
142.14  owner or other authorized person; or 
142.15     (2) in instances where a lien has not yet been entered, 
142.16  direct the commissioner of public safety not to enter a lien on 
142.17  any motor vehicle certificate of title subsequently issued in 
142.18  the name of the obligor. 
142.19     Subd. 5.  [NONEXEMPT VALUE.] A lien recorded against a 
142.20  motor vehicle certificate of title under this section and 
142.21  section 168A.05, subdivision 8, attaches only to the nonexempt 
142.22  value of the motor vehicle as determined in accordance with 
142.23  section 550.37.  The value of a motor vehicle must be determined 
142.24  in accordance with the retail value described in the National 
142.25  Auto Dealers Association Official Used Car Guide, Midwest 
142.26  Edition, for the current year, or in accordance with the 
142.27  purchase price as defined in section 297B.01, subdivision 8. 
142.28     Sec. 68.  [517C.80] [PUBLICATION OF NAMES OF DELINQUENT 
142.29  CHILD SUPPORT OBLIGORS.] 
142.30     Subdivision 1.  [MAKING NAMES PUBLIC.] At least once each 
142.31  year, the commissioner of human services, in consultation with 
142.32  the attorney general, may publish a list of the names and other 
142.33  identifying information of no more than 25 persons who: 
142.34     (1) are child support obligors; 
142.35     (2) are at least $10,000 in arrears; 
142.36     (3) are not in compliance with a payment agreement 
143.1   regarding both current support and arrears approved by the 
143.2   court, a child support magistrate, or the public authority; 
143.3      (4) cannot currently be located by the public authority for 
143.4   the purposes of enforcing a support order; and 
143.5      (5) have not made a support payment except tax intercept 
143.6   payments, in the preceding 12 months. 
143.7      Subd. 2.  [IDENTIFYING INFORMATION.] Identifying 
143.8   information may include the obligor's name, last known address, 
143.9   amount owed, date of birth, photograph, the number of children 
143.10  for whom support is owed, and any additional information about 
143.11  the obligor that would assist in identifying or locating the 
143.12  obligor.  The commissioner and attorney general may use posters, 
143.13  media presentations, electronic technology, and other means that 
143.14  the commissioner and attorney general determine are appropriate 
143.15  for dissemination of the information, including publication on 
143.16  the Internet.  The commissioner and attorney general may make 
143.17  any or all of the identifying information regarding these 
143.18  persons public.  Information regarding an obligor who meets the 
143.19  criteria in this section will only be made public subsequent to 
143.20  that person's selection by the commissioner and attorney general.
143.21     Subd. 3.  [NOTICE.] (a) Before making public the name of 
143.22  the obligor, the department of human services must send a notice 
143.23  to the obligor's last known address stating the department's 
143.24  intention to make public information on the obligor.  The notice 
143.25  must also provide an opportunity to have the obligor's name 
143.26  removed from the list by paying the arrears or by entering into 
143.27  an agreement to pay the arrears, or by providing information to 
143.28  the public authority that there is good cause not to make the 
143.29  information public.  The notice must include the final date when 
143.30  the payment or agreement can be accepted. 
143.31     (b) The department of human services must obtain the 
143.32  written consent of the obligee to make the name of the obligor 
143.33  public. 
143.34     Subd. 4.  [NAMES PUBLISHED IN ERROR.] If the commissioner 
143.35  makes a name public under subdivision 1 in error, the 
143.36  commissioner must also offer to publish a printed retraction and 
144.1   a public apology acknowledging that the name was made public in 
144.2   error.  If the person whose name was made public in error elects 
144.3   the public retraction and apology, the retraction and apology 
144.4   must appear in the same medium and the same format as the 
144.5   original notice where the name was listed in error.  In addition 
144.6   to the right of a public retraction and apology, a person whose 
144.7   name was made public in error has a civil action for damages 
144.8   caused by the error. 
144.9      Sec. 69.  [517C.81] [COLLECTION; ARREARS.] 
144.10     Subdivision 1.  [COLLECTION OF ARREARS TO CONTINUE AFTER 
144.11  CHILD IS EMANCIPATED.] Remedies available for the collection and 
144.12  enforcement of support in this chapter and chapters 256, 257, 
144.13  and 518C also apply to cases in which a child for whom support 
144.14  is owed is emancipated and the obligor owes past support or has 
144.15  accumulated arrears.  Child support arrears under this section 
144.16  include arrears for child support, medical support, child care, 
144.17  pregnancy and birth expenses, and unreimbursed medical expenses 
144.18  as defined in section 517C.15. 
144.19     Subd. 2.  [RETROACTIVE APPLICATION.] This section applies 
144.20  retroactively to support arrears that accrued on or before the 
144.21  date of enactment and to all arrears accruing after the date of 
144.22  enactment. 
144.23     Subd. 3.  [LIMITATIONS.] Past support or pregnancy and 
144.24  confinement expenses ordered for which the obligor has specific 
144.25  court ordered terms for repayment may not be enforced using 
144.26  drivers' and occupational or professional license suspension, 
144.27  credit bureau reporting, and additional income withholding under 
144.28  section 517C.60, unless the obligor fails to comply with the 
144.29  terms of the court order for repayment. 
144.30     Subd. 4.  [PAYMENT OF ARREARS.] Absent a court order to the 
144.31  contrary, if an arrearage exists at the time a support order 
144.32  would otherwise terminate and section 517C.60, does not apply, 
144.33  the arrearage must be repaid in an amount equal to the current 
144.34  support order until all arrears have been paid in full. 
144.35     Subd. 5.  [PAYMENT AGREEMENT.] If an arrearage exists 
144.36  according to a support order which fails to establish a monthly 
145.1   support obligation in a specific dollar amount, the public 
145.2   authority, if it provides child support collection services, or 
145.3   the obligee, may establish a payment agreement.  The payment 
145.4   agreement must equal what the obligor would pay for current 
145.5   child support, plus an additional 20 percent of the current 
145.6   child support obligation, until the obligor pays all arrears in 
145.7   full.  If the obligor fails to enter into or comply with a 
145.8   payment agreement, the public authority, if it provides child 
145.9   support collection services, or the obligee may file a motion 
145.10  for a court order establishing repayment terms. 
145.11     Sec. 70.  [517C.82] [COLLECTION; REVENUE RECAPTURE.] 
145.12     The public authority may submit debt under chapter 270A 
145.13  only if the obligor is in arrears in court-ordered child support 
145.14  or maintenance payments, or both, in an amount greater than the 
145.15  obligor's total monthly support and maintenance payments or if 
145.16  the debt has been entered and docketed as a judgment under 
145.17  section 548.09, subdivision 2a. 
145.18     Sec. 71.  [517C.83] [CASE REVIEWER.] 
145.19     The commissioner must make a case reviewer available to 
145.20  obligors and obligees.  The reviewer must be available to answer 
145.21  questions concerning the collection process and to review the 
145.22  collection activity taken.  A reviewer who reasonably believes 
145.23  that a particular action being taken is unreasonable or unfair 
145.24  may make recommendations to the commissioner and the applicable 
145.25  county in regard to the collection action. 
145.26     Sec. 72.  [517C.84] [ATTORNEY FEES; COLLECTION COSTS.] 
145.27     Subdivision 1.  [GENERAL.] (a) A child support obligee is 
145.28  entitled to recover from the obligor reasonable attorney fees 
145.29  and other collection costs incurred to enforce a child support 
145.30  judgment, as provided in this section. 
145.31     (b) In order to recover collection costs under this 
145.32  section, the arrears must be at least $500 and must be at least 
145.33  90 days past due.  In addition, the arrears must be a docketed 
145.34  judgment under sections 548.09 and 548.091. 
145.35     (c) If the obligor pays in full the judgment rendered under 
145.36  section 548.091 within 20 days of receipt of notice of entry of 
146.1   judgment, the obligee is not entitled to recover attorney fees 
146.2   or collection costs under this section. 
146.3      Subd. 2.  [ENFORCEMENT.] Attorney fees and collection costs 
146.4   obtained under this section are considered child support and 
146.5   entitled to the applicable remedies for collection and 
146.6   enforcement of child support. 
146.7      Subd. 3.  [NOTICE TO PUBLIC AUTHORITY.] If the public 
146.8   authority is a party to a case, an obligee must provide written 
146.9   notice to the public authority within five days of: 
146.10     (1) contracting with an attorney or collection entity to 
146.11  enforce a child support judgment; or 
146.12     (2) receipting payments received on a child support 
146.13  judgment. 
146.14     Subd. 4.  [NOTICE TO OBLIGOR; HEARING.] (a) The obligee 
146.15  must serve notice of the obligee's intent to recover attorney 
146.16  fees and collections costs by certified or registered mail on 
146.17  the obligor at the obligor's last known address.  The notice 
146.18  must include an itemization of the attorney fees and collection 
146.19  costs being sought by the obligee.  It must inform the obligor 
146.20  that the fees and costs will become an additional judgment for 
146.21  child support unless, within 20 days of mailing of the notice, 
146.22  the obligor requests a hearing: 
146.23     (1) on the reasonableness of the fees and costs; or 
146.24     (2) to contest the child support judgment on grounds 
146.25  limited to mistake of fact. 
146.26     (b) If the obligor requests a hearing, the only issues to 
146.27  be determined by the court are: 
146.28     (1) whether the attorney fees or collection costs were 
146.29  reasonably incurred by the obligee for the enforcement of a 
146.30  child support judgment against the obligor; or 
146.31     (2) the validity of the child support judgment on grounds 
146.32  limited to mistake of fact. 
146.33     (c) The fees and costs may not exceed 30 percent of the 
146.34  arrears.  The court may modify the amount of attorney fees and 
146.35  costs as appropriate and must enter judgment accordingly. 
146.36     (d) If the obligor fails to request a hearing within 20 
147.1   days of mailing of the notice under paragraph (a), the amount of 
147.2   the attorney fees or collection costs requested by the obligee 
147.3   in the notice automatically becomes an additional judgment for 
147.4   child support. 
147.5      Subd. 5.  [FORMS.] The commissioner of human services must 
147.6   prepare and make available to the court and the parties forms 
147.7   for use in providing for notice and requesting a hearing under 
147.8   this section. 
147.9      Sec. 73.  [517C.99] [REQUIRED NOTICES.] 
147.10     Subdivision 1.  [REQUIREMENT.] Every court order or 
147.11  judgment and decree that provides for child support, spousal 
147.12  maintenance, custody, or parenting time must contain certain 
147.13  notices as set out in subdivision 3.  The information in the 
147.14  notices must be concisely stated in plain language.  The notices 
147.15  must be in clearly legible print, but may not exceed two pages.  
147.16  An order or judgment and decree without the notice remains 
147.17  subject to all statutes.  The court may waive all or part of the 
147.18  notice required under subdivision 3 relating to change of 
147.19  address notification and similar information if it finds it is 
147.20  necessary to protect the welfare of a party or child. 
147.21     Subd. 2.  [COPIES OF LAWS AND FORMS.] The district court 
147.22  administrator must make copies of the sections referred to in 
147.23  subdivision 3 available at no charge and must provide forms to 
147.24  request or contest attorney fees, collection costs, and 
147.25  cost-of-living increases. 
147.26     Subd. 3.  [CONTENTS.] The required notices must be 
147.27  substantially as follows: 
147.28                         IMPORTANT NOTICE 
147.29  1.  PAYMENTS TO PUBLIC AGENCY 
147.30     According to Minnesota Statutes, section 517C.35, payments 
147.31     ordered for maintenance and support must be paid to the 
147.32     public agency responsible for child support enforcement as 
147.33     long as the person entitled to receive the payments is 
147.34     receiving or has applied for public assistance or has 
147.35     applied for support and maintenance collection services.  
147.36     MAIL PAYMENTS TO: 
148.1   2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
148.2   FELONY 
148.3      A person may be charged with a felony who conceals a minor 
148.4      child or takes, obtains, retains, or fails to return a 
148.5      minor child from or to the child's parent (or person with 
148.6      custodial or visitation rights), according to Minnesota 
148.7      Statutes, section 609.26.  A copy of that section is 
148.8      available from any district court clerk. 
148.9   3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 
148.10     A person who fails to pay court-ordered child support or 
148.11     maintenance may be charged with a crime, which may include 
148.12     misdemeanor, gross misdemeanor, or felony charges, 
148.13     according to Minnesota Statutes, section 609.375.  A copy 
148.14     of that section is available from any district court clerk. 
148.15  4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 
148.16     (a) Payment of support or spousal maintenance is to be as 
148.17     ordered, and the giving of gifts or making purchases of 
148.18     food, clothing, and the like will not fulfill the 
148.19     obligation. 
148.20     (b) Payment of support must be made as it becomes due, and 
148.21     failure to secure or denial of parenting time is NOT an 
148.22     excuse for nonpayment, but the aggrieved party must seek 
148.23     relief through a proper motion filed with the court. 
148.24     (c) Nonpayment of support is not grounds to deny parenting 
148.25     time.  The party entitled to receive support may apply for 
148.26     support and collection services, file a contempt motion, or 
148.27     obtain a judgment as provided in Minnesota Statutes, 
148.28     section 548.091.  
148.29     (d) The payment of support or spousal maintenance takes 
148.30     priority over payment of debts and other obligations. 
148.31     (e) A party who accepts additional obligations of support 
148.32     does so with the full knowledge of the party's prior 
148.33     obligation under this proceeding. 
148.34     (f) Child support or maintenance is based on annual income, 
148.35     and it is the responsibility of a person with seasonal 
148.36     employment to budget income so that payments are made 
149.1      throughout the year as ordered. 
149.2      (g) If the obligor is laid off from employment or receives 
149.3      a pay reduction, support may be reduced, but only if the 
149.4      obligor serves and files a motion to reduce the support 
149.5      with the court.  Any reduction will take effect only if 
149.6      ordered by the court and may only relate back to the time 
149.7      that the motion is filed.  If the obligor does not file a 
149.8      motion, the support obligation will continue at the current 
149.9      level.  The court is not permitted to reduce support 
149.10     retroactively, except as provided in Minnesota Statutes, 
149.11     section 517C.29. 
149.12     (h) Reasonable parenting time guidelines are contained in 
149.13     Appendix B, which is available from the court administrator.
149.14     (i) The nonpayment of support may be enforced through the 
149.15     denial of student grants; interception of state and federal 
149.16     tax refunds; suspension of driver's, recreational, and 
149.17     occupational licenses; referral to the department of 
149.18     revenue or private collection agencies; seizure of assets, 
149.19     including bank accounts and other assets held by financial 
149.20     institutions; reporting to credit bureaus; interest 
149.21     charging, income withholding, and contempt proceedings; and 
149.22     other enforcement methods allowed by law.  
149.23  5.  PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 
149.24     Unless otherwise provided by the court: 
149.25     (a) Each party has the right of access to, and to receive 
149.26     copies of, school, medical, dental, religious training, and 
149.27     other important records and information about the minor 
149.28     children.  Each party has the right of access to 
149.29     information regarding health or dental insurance available 
149.30     to the minor children.  Presentation of a copy of this 
149.31     order to the custodian of a record or other information 
149.32     about the minor children constitutes sufficient 
149.33     authorization for the release of the record or information 
149.34     to the requesting party. 
149.35     (b) Each party must keep the other informed as to the name 
149.36     and address of the school of attendance of the minor 
150.1      children.  Each party has the right to be informed by 
150.2      school officials about the children's welfare, educational 
150.3      progress and status, and to attend school and parent 
150.4      teacher conferences.  The school is not required to hold a 
150.5      separate conference for each party. 
150.6      (c) In case of an accident or serious illness of a minor 
150.7      child, each party must notify the other party of the 
150.8      accident or illness, and the name of the health care 
150.9      provider and the place of treatment. 
150.10     (d) Each party has the right of reasonable access and 
150.11     telephone contact with the minor children. 
150.12  6.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
150.13     Child support and/or spousal maintenance may be withheld 
150.14     from income, with or without notice to the person obligated 
150.15     to pay, when the conditions of Minnesota Statutes, sections 
150.16     517C.52 to 517C.62, have been met.  A copy of those 
150.17     sections is available from any district court clerk. 
150.18  7.  CHANGE OF ADDRESS OR RESIDENCE 
150.19     Unless otherwise ordered, each party must notify the other 
150.20     party, the court, and the public authority responsible for 
150.21     collection, if applicable, of the following information 
150.22     within ten days of any change:  the residential and mailing 
150.23     address, telephone number, driver's license number, social 
150.24     security number, and name, address, and telephone number of 
150.25     the employer. 
150.26  8.  COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 
150.27     Child support and/or spousal maintenance may be adjusted 
150.28     every two years based upon a change in the cost of living 
150.29     (using Department of Labor Consumer Price Index .........., 
150.30     unless otherwise specified in this order) when the 
150.31     conditions of Minnesota Statutes, section 517C.31, are met. 
150.32     Cost-of-living increases are compounded.  A copy of 
150.33     Minnesota Statutes, section 517C.31, and forms necessary to 
150.34     request or contest a cost-of-living increase are available 
150.35     from any district court clerk. 
150.36  9.  JUDGMENTS FOR UNPAID SUPPORT 
151.1      If a person fails to make a child support payment, the 
151.2      payment owed becomes a judgment against the person 
151.3      responsible to make the payment by operation of law on or 
151.4      after the date the payment is due, and the person entitled 
151.5      to receive the payment or the public agency may obtain 
151.6      entry and docketing of the judgment WITHOUT NOTICE to the 
151.7      person responsible to make the payment under Minnesota 
151.8      Statutes, section 548.091.  Interest begins to accrue on a 
151.9      payment or installment of child support whenever the unpaid 
151.10     amount due is greater than the current support due, 
151.11     according to Minnesota Statutes, section 548.091, 
151.12     subdivision 1a.  
151.13  10.  JUDGMENTS FOR UNPAID SPOUSAL MAINTENANCE 
151.14     A judgment for unpaid spousal maintenance may be entered 
151.15     when the conditions of Minnesota Statutes, section 548.091, 
151.16     are met.  A copy of that section is available from any 
151.17     district court clerk. 
151.18  11.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
151.19  SUPPORT 
151.20     A judgment for attorney fees and other collection costs 
151.21     incurred in enforcing a child support order will be entered 
151.22     against the person responsible to pay support when the 
151.23     conditions of Minnesota Statutes, section 517C.84, are 
151.24     met.  A copy of Minnesota Statutes, section 517C.84, and 
151.25     forms necessary to request or contest these attorney fees 
151.26     and collection costs are available from any district court 
151.27     clerk. 
151.28  12.  PARENTING TIME EXPEDITOR PROCESS 
151.29     On request of either party or on its own motion, the court 
151.30     may appoint a parenting time expeditor to resolve parenting 
151.31     time disputes under Minnesota Statutes, section 517B.28.  A 
151.32     copy of that section and a description of the expeditor 
151.33     process is available from any district court clerk. 
151.34  13.  PARENTING TIME REMEDIES AND PENALTIES 
151.35     Remedies and penalties for the wrongful denial of parenting 
151.36     time are available under Minnesota Statutes, section 
152.1      517B.27, subdivision 7.  These include compensatory 
152.2      parenting time, civil penalties, bond requirements, 
152.3      contempt, and reversal of custody.  A copy of that 
152.4      subdivision and forms for requesting relief are available 
152.5      from any district court clerk. 
152.6      Sec. 74.  [INSTRUCTION TO REVISOR.] 
152.7      The revisor of statutes must correct internal 
152.8   cross-references to sections that are now in Minnesota Statutes, 
152.9   chapter 517C, throughout Minnesota Statutes and Minnesota Rules. 
152.10     Sec. 75.  [REPEALER.] 
152.11     Minnesota Statutes 2000, sections 518.111; 518.171, 
152.12  subdivisions 2, 2a, 3, 7, 9, and 10; 518.255; 518.54, 
152.13  subdivisions 2, 4a, 13, and 14; 518.551, subdivisions 5a, 5b, 
152.14  5c, 5d, 5f, 6, 7, 9, 11, 12, 13, 13a, 14, and 15; 518.5513, 
152.15  subdivisions 1, 2, 3, 4, and 6; 518.553; 518.57; 518.575, 
152.16  subdivision 2; 518.585; 518.5851, subdivisions 1, 2, 3, 4, 5, 
152.17  and 6; 518.5852; 518.5853, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 
152.18  9, 10, and 11; 518.61; 518.6111, subdivisions 1, 2, 3, 4, 6, 7, 
152.19  8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18; 518.614; 518.615; 
152.20  518.616; 518.617; and 518.618; Minnesota Statutes 2001 
152.21  Supplement, sections 518.171, subdivisions 1, 4, 5, 6, and 8; 
152.22  518.551, subdivisions 1, 5, and 5e; 518.5513, subdivision 5; 
152.23  518.575, subdivision 1; 518.5851, subdivision 7; 518.5853, 
152.24  subdivision 12; 518.6111, subdivisions 5 and 19; 518.6195; and 
152.25  518.6196, are repealed. 
152.26     Sec. 76.  [EFFECTIVE DATE.] 
152.27     This act is effective July 1, 2002.