HF 2784

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to family law; modifying child support 
  1.3             enforcement provisions; providing parenting plans; 
  1.4             changing provisions of the putative fathers' registry 
  1.5             law; including maintenance in the definition of 
  1.6             earnings for garnishment and levy law; amending 
  1.7             Minnesota Statutes 1996, sections 257.64, subdivision 
  1.8             3; 518.13, subdivision 5; 518.17, subdivision 3; 
  1.9             518.54, by adding a subdivision; 518.551, subdivisions 
  1.10            1, 5, 9, and by adding a subdivision; 518.615, 
  1.11            subdivision 2; 550.136, subdivision 2; and 571.921; 
  1.12            Minnesota Statutes 1997 Supplement, sections 256.741, 
  1.13            subdivision 1; 259.52, subdivisions 1, 9, 10, 11, 12, 
  1.14            and by adding a subdivision; 518.54, subdivision 6; 
  1.15            518.551, subdivision 5b; 518.5511, subdivision 2; 
  1.16            518.6111, subdivisions 8 and 14; 518.615, subdivision 
  1.17            1; 518.6195; 518.64, subdivision 2; and 552.04, 
  1.18            subdivision 4; Laws 1995, chapter 257, article 1, 
  1.19            section 34; Laws 1997, chapter 203, article 6, section 
  1.20            90; proposing coding for new law in Minnesota 
  1.21            Statutes, chapter 518; proposing coding for new law as 
  1.22            Minnesota Statutes, chapter 518D. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24                             ARTICLE 1
  1.25                           CHILD SUPPORT 
  1.26     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.27  256.741, subdivision 1, is amended to read: 
  1.28     Subdivision 1.  [PUBLIC ASSISTANCE.] (a) The term "public 
  1.29  assistance" as used in this chapter and chapters 257, 518, and 
  1.30  518C, includes any form of assistance provided under AFDC, MFIP, 
  1.31  and MFIP-R under chapter 256, MFIP-S under chapter 256J, and 
  1.32  work first under chapter 256K; child care assistance provided 
  1.33  through the child care fund according to chapter 119B; any form 
  1.34  of medical assistance under chapter 256B; MinnesotaCare under 
  2.1   chapter 256 256L; and foster care as provided under title IV-E 
  2.2   of the Social Security Act. 
  2.3      (b) The term "child support agency" as used in this section 
  2.4   refers to the public authority responsible for child support 
  2.5   enforcement. 
  2.6      (c) The term "public assistance agency" as used in this 
  2.7   section refers to a public authority providing public assistance 
  2.8   to an individual. 
  2.9      Sec. 2.  Minnesota Statutes 1996, section 257.64, 
  2.10  subdivision 3, is amended to read: 
  2.11     Subd. 3.  If a party refuses to accept a recommendation 
  2.12  made under subdivision 1 and blood or genetic tests have not 
  2.13  been taken, the court shall require the parties to submit to 
  2.14  blood or genetic tests.  Any objection to blood or genetic 
  2.15  testing results must be made in writing no later than 15 days 
  2.16  before any hearing at which time the results may be introduced 
  2.17  into evidence.  Test results served upon a party must include a 
  2.18  notice of this right to object.  Thereafter the court shall make 
  2.19  an appropriate final recommendation.  If a party refuses to 
  2.20  accept the final recommendation the action shall be set for 
  2.21  trial.  
  2.22     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  2.23  518.54, subdivision 6, is amended to read: 
  2.24     Subd. 6.  [INCOME.] "Income" means any form of periodic 
  2.25  payment to an individual including, but not limited to, wages, 
  2.26  salaries, payments to an independent contractor, workers' 
  2.27  compensation, reemployment insurance, annuity, military and 
  2.28  naval retirement, pension and disability payments.  Benefits 
  2.29  received under Title IV-A of the Social Security Act and chapter 
  2.30  256J are not income under this section. 
  2.31     Sec. 4.  Minnesota Statutes 1996, section 518.54, is 
  2.32  amended by adding a subdivision to read: 
  2.33     Subd. 13.  [ARREARS.] Arrears are amounts that accrue 
  2.34  pursuant to an obligor's failure to comply with a support 
  2.35  order.  Past support and pregnancy and confinement expenses 
  2.36  contained in a support order are arrears if the court order does 
  3.1   not contain repayment terms.  Arrears also arise by the 
  3.2   obligor's failure to comply with the terms of a court order for 
  3.3   repayment of past support or pregnancy and confinement 
  3.4   expenses.  An obligor's failure to comply with the terms for 
  3.5   repayment of amounts owed for past support or pregnancy and 
  3.6   confinement turns the entire amount owed into arrears. 
  3.7      Sec. 5.  Minnesota Statutes 1996, section 518.551, 
  3.8   subdivision 1, is amended to read: 
  3.9      Subdivision 1.  [SCOPE; PAYMENT TO PUBLIC AGENCY.] (a) This 
  3.10  section applies to all proceedings involving an award of child a 
  3.11  support order, including, but not limited to, a support order 
  3.12  establishing an order for past support or reimbursement of 
  3.13  public assistance. 
  3.14     (b) The court shall direct that all payments ordered for 
  3.15  maintenance and support be made to the public agency responsible 
  3.16  for child support enforcement so long as the obligee is 
  3.17  receiving or has applied for public assistance, or has applied 
  3.18  for child support and maintenance collection services.  Public 
  3.19  authorities responsible for child support enforcement may act on 
  3.20  behalf of other public authorities responsible for child support 
  3.21  enforcement.  This includes the authority to represent the legal 
  3.22  interests of or execute documents on behalf of the other public 
  3.23  authority in connection with the establishment, enforcement, and 
  3.24  collection of child support, maintenance, or medical support, 
  3.25  and collection on judgments.  Amounts received by the public 
  3.26  agency responsible for child support enforcement greater than 
  3.27  the amount granted to the obligee shall be remitted to the 
  3.28  obligee.  
  3.29     Sec. 6.  Minnesota Statutes 1996, section 518.551, 
  3.30  subdivision 5, is amended to read: 
  3.31     Subd. 5.  [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 
  3.32  petitioner shall notify the public authority of all proceedings 
  3.33  for dissolution, legal separation, determination of parentage or 
  3.34  for the custody of a child, if either party is receiving aid to 
  3.35  families with dependent children public assistance or applies 
  3.36  for it subsequent to the commencement of the proceeding.  The 
  4.1   notice must contain the full names of the parties to the 
  4.2   proceeding, their social security account numbers, and their 
  4.3   birth dates.  After receipt of the notice, the court shall set 
  4.4   child support as provided in this subdivision.  The court may 
  4.5   order either or both parents owing a duty of support to a child 
  4.6   of the marriage to pay an amount reasonable or necessary for the 
  4.7   child's support, without regard to marital misconduct.  The 
  4.8   court shall approve a child support stipulation of the parties 
  4.9   if each party is represented by independent counsel, unless the 
  4.10  stipulation does not meet the conditions of paragraph (i).  In 
  4.11  other cases the court shall determine and order child support in 
  4.12  a specific dollar amount in accordance with the guidelines and 
  4.13  the other factors set forth in paragraph (c) and any departure 
  4.14  therefrom.  The court may also order the obligor to pay child 
  4.15  support in the form of a percentage share of the obligor's net 
  4.16  bonuses, commissions, or other forms of compensation, in 
  4.17  addition to, or if the obligor receives no base pay, in lieu of, 
  4.18  an order for a specific dollar amount. 
  4.19     (b) The court shall derive a specific dollar amount for 
  4.20  child support by multiplying the obligor's net income by the 
  4.21  percentage indicated by the following guidelines:  
  4.22  Net Income Per            Number of Children 
  4.23  Month of Obligor 
  4.24                1     2     3     4     5     6    7 or 
  4.25                                                   more 
  4.26  $550 and Below     Order based on the ability of the 
  4.27                     obligor to provide support  
  4.28                     at these income levels, or at higher  
  4.29                     levels, if the obligor has 
  4.30                     the earning ability. 
  4.31  $551 - 600   16%   19%   22%   25%   28%   30%   32% 
  4.32  $601 - 650   17%   21%   24%   27%   29%   32%   34% 
  4.33  $651 - 700   18%   22%   25%   28%   31%   34%   36% 
  4.34  $701 - 750   19%   23%   27%   30%   33%   36%   38% 
  4.35  $751 - 800   20%   24%   28%   31%   35%   38%   40% 
  4.36  $801 - 850   21%   25%   29%   33%   36%   40%   42% 
  5.1   $851 - 900   22%   27%   31%   34%   38%   41%   44% 
  5.2   $901 - 950   23%   28%   32%   36%   40%   43%   46% 
  5.3   $951 - 1000  24%   29%   34%   38%   41%   45%   48% 
  5.4   $1001- 5000  25%   30%   35%   39%   43%   47%   50% 
  5.5   or the amount 
  5.6   in effect under
  5.7   paragraph (k)
  5.8      Guidelines for support for an obligor with a monthly income 
  5.9   in excess of the income limit currently in effect under 
  5.10  paragraph (k) shall be the same dollar amounts as provided for 
  5.11  in the guidelines for an obligor with a monthly income equal to 
  5.12  the limit in effect. 
  5.13  Net Income defined as: 
  5.14           
  5.15           Total monthly 
  5.16           income less           *(i) Federal Income Tax 
  5.17                                *(ii) State Income Tax 
  5.18                                (iii) Social Security
  5.19                                       Deductions 
  5.20                                 (iv) Reasonable
  5.21                                       Pension Deductions
  5.22           *Standard 
  5.23           Deductions apply-      (v) Union Dues 
  5.24           use of tax tables     (vi) Cost of Dependent Health
  5.25           recommended                 Insurance Coverage  
  5.26                                (vii) Cost of Individual or Group
  5.27                                       Health/Hospitalization
  5.28                                       Coverage or an        
  5.29                                       Amount for Actual 
  5.30                                       Medical Expenses   
  5.31                               (viii) A Child Support or  
  5.32                                       Maintenance Order that is
  5.33                                       Currently Being Paid. 
  5.34     "Net income" does not include: 
  5.35     (1) the income of the obligor's spouse, but does include 
  5.36  in-kind payments received by the obligor in the course of 
  6.1   employment, self-employment, or operation of a business if the 
  6.2   payments reduce the obligor's living expenses; or 
  6.3      (2) compensation received by a party for employment in 
  6.4   excess of a 40-hour work week, provided that: 
  6.5      (i) support is nonetheless ordered in an amount at least 
  6.6   equal to the guidelines amount based on income not excluded 
  6.7   under this clause; and 
  6.8      (ii) the party demonstrates, and the court finds, that: 
  6.9      (A) the excess employment began after the filing of the 
  6.10  petition for dissolution; 
  6.11     (B) the excess employment reflects an increase in the work 
  6.12  schedule or hours worked over that of the two years immediately 
  6.13  preceding the filing of the petition; 
  6.14     (C) the excess employment is voluntary and not a condition 
  6.15  of employment; 
  6.16     (D) the excess employment is in the nature of additional, 
  6.17  part-time or overtime employment compensable by the hour or 
  6.18  fraction of an hour; and 
  6.19     (E) the party's compensation structure has not been changed 
  6.20  for the purpose of affecting a support or maintenance obligation.
  6.21     The court shall review the work-related and 
  6.22  education-related child care costs paid and shall allocate the 
  6.23  costs to each parent in proportion to each parent's net income, 
  6.24  as determined under this subdivision, after the transfer of 
  6.25  child support and spousal maintenance, unless the allocation 
  6.26  would be substantially unfair to either parent.  There is a 
  6.27  presumption of substantial unfairness if after the sum total of 
  6.28  child support, spousal maintenance, and child care costs is 
  6.29  subtracted from the noncustodial parent's income, the income is 
  6.30  at or below 100 percent of the federal poverty guidelines.  The 
  6.31  cost of child care for purposes of this paragraph is 75 percent 
  6.32  of the actual cost paid for child care, to reflect the 
  6.33  approximate value of state and federal tax credits available to 
  6.34  the custodial parent.  The actual cost paid for child care is 
  6.35  the total amount received by the child care provider for the 
  6.36  child or children of the obligor from the obligee or any public 
  7.1   agency.  The court shall require verification of employment or 
  7.2   school attendance and documentation of child care expenses from 
  7.3   the obligee and the public agency, if applicable.  If child care 
  7.4   expenses fluctuate during the year because of seasonal 
  7.5   employment or school attendance of the obligee or extended 
  7.6   periods of visitation with the obligor, the court shall 
  7.7   determine child care expenses based on an average monthly cost.  
  7.8   The amount allocated for child care expenses is considered child 
  7.9   support but is not subject to a cost-of-living adjustment under 
  7.10  section 518.641.  The amount allocated for child care expenses 
  7.11  terminates when either party notifies the public authority that 
  7.12  the child care costs have ended and without any legal action on 
  7.13  the part of either party.  The public authority shall verify the 
  7.14  information received under this provision before authorizing 
  7.15  termination.  The termination is effective as of the date of the 
  7.16  notification.  In other cases where there is a substantial 
  7.17  increase or decrease in child care expenses, the parties may 
  7.18  modify the order under section 518.64. 
  7.19     The court may allow the noncustodial parent to care for the 
  7.20  child while the custodial parent is working, as provided in 
  7.21  section 518.175, subdivision 8.  Allowing the noncustodial 
  7.22  parent to care for the child under section 518.175, subdivision 
  7.23  8, is not a reason to deviate from the guidelines. 
  7.24     (c) In addition to the child support guidelines, the court 
  7.25  shall take into consideration the following factors in setting 
  7.26  or modifying child support or in determining whether to deviate 
  7.27  from the guidelines: 
  7.28     (1) all earnings, income, and resources of the parents, 
  7.29  including real and personal property, but excluding income from 
  7.30  excess employment of the obligor or obligee that meets the 
  7.31  criteria of paragraph (b), clause (2)(ii); 
  7.32     (2) the financial needs and resources, physical and 
  7.33  emotional condition, and educational needs of the child or 
  7.34  children to be supported; 
  7.35     (3) the standard of living the child would have enjoyed had 
  7.36  the marriage not been dissolved, but recognizing that the 
  8.1   parents now have separate households; 
  8.2      (4) which parent receives the income taxation dependency 
  8.3   exemption and what financial benefit the parent receives from 
  8.4   it; 
  8.5      (5) the parents' debts as provided in paragraph (d); and 
  8.6      (6) the obligor's receipt of public assistance under 
  8.7   section 256.72 to 256.87 or 256B.01 to 256B.40.  
  8.8      Further, if a child receives a child's insurance benefit 
  8.9   under United States Code, title 42, section 402, because the 
  8.10  obligor is entitled to old age or disability insurance benefits, 
  8.11  the amount of support ordered shall be reduced by the amount of 
  8.12  the child's benefit received under United States Code, title 42, 
  8.13  section 402. 
  8.14     (d) In establishing or modifying a support obligation, the 
  8.15  court may consider debts owed to private creditors, but only if: 
  8.16     (1) the right to support has not been assigned under 
  8.17  section 256.74; 
  8.18     (2) the court determines that the debt was reasonably 
  8.19  incurred for necessary support of the child or parent or for the 
  8.20  necessary generation of income.  If the debt was incurred for 
  8.21  the necessary generation of income, the court shall consider 
  8.22  only the amount of debt that is essential to the continuing 
  8.23  generation of income; and 
  8.24     (3) the party requesting a departure produces a sworn 
  8.25  schedule of the debts, with supporting documentation, showing 
  8.26  goods or services purchased, the recipient of them, the amount 
  8.27  of the original debt, the outstanding balance, the monthly 
  8.28  payment, and the number of months until the debt will be fully 
  8.29  paid. 
  8.30     (e) Any schedule prepared under paragraph (d), clause (3), 
  8.31  shall contain a statement that the debt will be fully paid after 
  8.32  the number of months shown in the schedule, barring emergencies 
  8.33  beyond the party's control.  
  8.34     (f) Any further departure below the guidelines that is 
  8.35  based on a consideration of debts owed to private creditors 
  8.36  shall not exceed 18 months in duration, after which the support 
  9.1   shall increase automatically to the level ordered by the court.  
  9.2   Nothing in this section shall be construed to prohibit one or 
  9.3   more step increases in support to reflect debt retirement during 
  9.4   the 18-month period.  
  9.5      (g) If payment of debt is ordered pursuant to this section, 
  9.6   the payment shall be ordered to be in the nature of child 
  9.7   support.  
  9.8      (h) Nothing shall preclude the court from receiving 
  9.9   evidence on the above factors to determine if the guidelines 
  9.10  should be exceeded or modified in a particular case.  
  9.11     (i) The guidelines in this subdivision are a rebuttable 
  9.12  presumption and shall be used in all cases when establishing or 
  9.13  modifying child support.  If the court does not deviate from the 
  9.14  guidelines, the court shall make written findings concerning the 
  9.15  amount of the obligor's income used as the basis for the 
  9.16  guidelines calculation and any other significant evidentiary 
  9.17  factors affecting the determination of child support.  If the 
  9.18  court deviates from the guidelines, the court shall make written 
  9.19  findings giving the amount of support calculated under the 
  9.20  guidelines, the reasons for the deviation, and shall 
  9.21  specifically address the criteria in paragraph (c) and how the 
  9.22  deviation serves the best interest of the child.  The court may 
  9.23  deviate from the guidelines if both parties agree and the court 
  9.24  makes written findings that it is in the best interests of the 
  9.25  child, except that in cases where child support payments are 
  9.26  assigned to the public agency under section 256.74, the court 
  9.27  may deviate downward only as provided in paragraph (j).  Nothing 
  9.28  in this paragraph prohibits the court from deviating in other 
  9.29  cases.  The provisions of this paragraph apply whether or not 
  9.30  the parties are each represented by independent counsel and have 
  9.31  entered into a written agreement.  The court shall review 
  9.32  stipulations presented to it for conformity to the guidelines 
  9.33  and the court is not required to conduct a hearing, but the 
  9.34  parties shall provide the documentation of earnings required 
  9.35  under subdivision 5b. 
  9.36     (j) If the child support payments are assigned to the 
 10.1   public agency under section 256.74, the court may not deviate 
 10.2   downward from the child support guidelines unless the court 
 10.3   specifically finds that the failure to deviate downward would 
 10.4   impose an extreme hardship on the obligor. 
 10.5      (k) The dollar amount of the income limit for application 
 10.6   of the guidelines must be adjusted on July 1 of every 
 10.7   even-numbered year to reflect cost-of-living changes.  The 
 10.8   supreme court shall select the index for the adjustment from the 
 10.9   indices listed in section 518.641.  The state court 
 10.10  administrator shall make the changes in the dollar amount 
 10.11  required by this paragraph available to courts and the public on 
 10.12  or before April 30 of the year in which the amount is to change. 
 10.13     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
 10.14  518.551, subdivision 5b, is amended to read: 
 10.15     Subd. 5b.  [DETERMINATION OF INCOME.] (a) The parties shall 
 10.16  timely serve and file documentation of earnings and income.  
 10.17  When there is a prehearing conference, the court must receive 
 10.18  the documentation of income at least ten days prior to the 
 10.19  prehearing conference.  Documentation of earnings and income 
 10.20  also includes, but is not limited to, pay stubs for the most 
 10.21  recent three months, employer statements, or statement of 
 10.22  receipts and expenses if self-employed.  Documentation of 
 10.23  earnings and income also includes copies of each parent's most 
 10.24  recent federal tax returns, including W-2 forms, 1099 forms, 
 10.25  reemployment insurance statements, workers' compensation 
 10.26  statements, and all other documents evidencing income as 
 10.27  received that provide verification of income over a longer 
 10.28  period. 
 10.29     (b) In addition to the requirements of paragraph (a), at 
 10.30  any time after an action seeking child support has been 
 10.31  commenced or when a child support order is in effect, a party or 
 10.32  the public authority may require the other party to give them a 
 10.33  copy of the party's most recent federal tax returns that were 
 10.34  filed with the Internal Revenue Service.  The party shall 
 10.35  provide a copy of the tax returns within 30 days of receipt of 
 10.36  the request unless the request is not made in good faith.  A 
 11.1   request under this paragraph may not be made more than once 
 11.2   every two years, in the absence of good cause. 
 11.3      (c) If a parent under the jurisdiction of the court does 
 11.4   not appear at a court hearing after proper notice of the time 
 11.5   and place of the hearing, the court shall set income for that 
 11.6   parent based on credible evidence before the court or in 
 11.7   accordance with paragraph (d).  Credible evidence may include 
 11.8   documentation of current or recent income, testimony of the 
 11.9   other parent concerning recent earnings and income levels, and 
 11.10  the parent's wage reports filed with the Minnesota department of 
 11.11  economic security under section 268.044.  
 11.12     (d) If the court finds that a parent is voluntarily 
 11.13  unemployed or underemployed or was voluntarily unemployed or 
 11.14  underemployed during the period for which past support is being 
 11.15  sought, child support shall be calculated based on a 
 11.16  determination of imputed income.  A parent is not considered 
 11.17  voluntarily unemployed or underemployed upon a showing by the 
 11.18  parent that the unemployment or underemployment:  (1) is 
 11.19  temporary and will ultimately lead to an increase in income; or 
 11.20  (2) represents a bona fide career change that outweighs the 
 11.21  adverse effect of that parent's diminished income on the child.  
 11.22  Imputed income means the estimated earning ability of a parent 
 11.23  based on the parent's prior earnings history, education, and job 
 11.24  skills, and on availability of jobs within the community for an 
 11.25  individual with the parent's qualifications.  
 11.26     (e) If the court is unable to determine or estimate the 
 11.27  earning ability of a parent If there is insufficient information 
 11.28  to determine actual income or to impute income pursuant to 
 11.29  paragraph (d), the court may calculate child support based on 
 11.30  full-time employment of 40 hours per week at 150 percent of the 
 11.31  federal minimum wage or the Minnesota minimum wage, whichever is 
 11.32  higher.  If the court is unable to determine or estimate the 
 11.33  earning ability of a parent, any medical support or child care 
 11.34  contribution must be calculated based upon the obligor's 
 11.35  proportionate share of the child care expenses using 40 hours 
 11.36  per week at 150 percent of the federal minimum wage or the 
 12.1   Minnesota minimum wage, whichever is higher.  If a parent is a 
 12.2   recipient of public assistance under section 256.741, or is 
 12.3   physically or mentally incapacitated, it shall be presumed that 
 12.4   the parent is not voluntarily unemployed or underemployed.  
 12.5      (e) (f) Income from self employment is equal to gross 
 12.6   receipts minus ordinary and necessary expenses.  Ordinary and 
 12.7   necessary expenses do not include amounts allowed by the 
 12.8   Internal Revenue Service for accelerated depreciation expenses 
 12.9   or investment tax credits or any other business expenses 
 12.10  determined by the court to be inappropriate for determining 
 12.11  income for purposes of child support.  The person seeking to 
 12.12  deduct an expense, including depreciation, has the burden of 
 12.13  proving, if challenged, that the expense is ordinary and 
 12.14  necessary.  Net income under this section may be different from 
 12.15  taxable income. 
 12.16     Sec. 8.  Minnesota Statutes 1996, section 518.551, is 
 12.17  amended by adding a subdivision to read: 
 12.18     Subd. 5f.  [SUBSEQUENT CHILDREN.] The needs of subsequent 
 12.19  children shall not be factored into a support guidelines 
 12.20  calculation under subdivision 5.  The fact that an obligor had 
 12.21  additional children after the entry of a child support order is 
 12.22  not grounds for a modification to decrease the amount of support 
 12.23  owed.  However, the fact that an obligor has subsequent children 
 12.24  shall be considered in response to a request by an obligee for a 
 12.25  modification to increase child support.  In order to deviate 
 12.26  from the support guidelines in subdivision 5 to consider the 
 12.27  needs of subsequent children, the trial court must: 
 12.28     (1) find the obligor's total ability to contribute to 
 12.29  dependent children, taking into account the obligor's income and 
 12.30  reasonable expenses exclusive of child care.  The obligor's 
 12.31  expenses must be: 
 12.32     (i) reduced as appropriate to take into account 
 12.33  contributions to those costs by other adults who share the 
 12.34  obligor's current household; and 
 12.35     (ii) apportioned between the parent and any subsequent 
 12.36  child with regard to shared benefits, including but not limited 
 13.1   to, housing and transportation; 
 13.2      (2) find the total needs of all the obligor's children, and 
 13.3   if these needs are less than the obligor's ability to pay, the 
 13.4   needs may become the obligor's child support obligation.  When 
 13.5   considering the needs of subsequent children, the trial court 
 13.6   must reduce those amounts as appropriate to take into account 
 13.7   the ability to contribute to those needs by another parent of 
 13.8   the children; 
 13.9      (3) make specific findings on the needs of the child or 
 13.10  children who are the subject of the support order under 
 13.11  consideration; and 
 13.12     (4) exercise discretion to fairly determine the current 
 13.13  support obligation and the contribution left available for other 
 13.14  children, considering that the support obligation being 
 13.15  determined should be in an amount at least equal to the 
 13.16  contribution for a subsequent child. 
 13.17     Sec. 9.  Minnesota Statutes 1996, section 518.551, 
 13.18  subdivision 9, is amended to read: 
 13.19     Subd. 9.  [ASSIGNMENT OF RIGHTS; JUDGMENT.] The public 
 13.20  agency responsible for child support enforcement is joined as a 
 13.21  party in each case in which rights are assigned under section 
 13.22  256.74 256.741, subdivision 5 2.  The court administrator shall 
 13.23  enter and docket a judgment obtained by operation of law under 
 13.24  section 548.091, subdivision 1, in the name of the public agency 
 13.25  to the extent that the obligation has been assigned.  When 
 13.26  arrearages are reduced to judgment under circumstances in which 
 13.27  section 548.091 is not applicable, the court shall grant 
 13.28  judgment in favor of, and in the name of, the public agency to 
 13.29  the extent that the arrearages are assigned.  After filing 
 13.30  notice of an assignment with the court administrator, who shall 
 13.31  enter the notice in the docket, the public agency may enforce a 
 13.32  judgment entered before the assignment of rights as if the 
 13.33  judgment were granted to it, and in its name, to the extent that 
 13.34  the arrearages in that judgment are assigned. 
 13.35     Sec. 10.  Minnesota Statutes 1997 Supplement, section 
 13.36  518.5511, subdivision 2, is amended to read: 
 14.1      Subd. 2.  [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) 
 14.2   Following the initiation of the administrative process under 
 14.3   subdivision 1, paragraph (c) or (d), the public authority shall, 
 14.4   on the basis of all information available, complete and sign a 
 14.5   proposed order and notice.  The public authority shall attach a 
 14.6   support order worksheet.  In preparing the proposed order, the 
 14.7   public authority will establish child support in the highest 
 14.8   amount permitted under section 518.551, subdivision 5.  The 
 14.9   proposed order shall include written findings in accordance with 
 14.10  section 518.551, subdivision 5, clauses (i) and (j).  If the 
 14.11  public authority has incomplete or insufficient information upon 
 14.12  which to prepare a proposed order, the public authority shall 
 14.13  use the default standard established in section 518.551, 
 14.14  subdivision 5b, paragraph (d), to prepare the proposed order.  
 14.15  The notice shall state that the proposed order will be entered 
 14.16  as a final and binding default order unless one of the parties 
 14.17  contacts the public authority regarding the proposed order 
 14.18  within 30 days following the date of service of the proposed 
 14.19  order.  The notice and proposed order shall be served under the 
 14.20  rules of civil procedure on the noninitiating party and by first 
 14.21  class mail on the initiating party.  After receipt of the notice 
 14.22  and proposed order, the court administrator shall file the 
 14.23  documents. 
 14.24     For the purposes of the administrative process, and 
 14.25  notwithstanding any law or rule to the contrary, the service of 
 14.26  the proposed order under this paragraph shall be deemed to have 
 14.27  commenced a proceeding and the judge shall have jurisdiction 
 14.28  over a contested administrative proceeding.  
 14.29     (b) If the public authority is not contacted by a party 
 14.30  within 30 days after the date of service of the proposed order, 
 14.31  the public authority may submit the proposed order as the 
 14.32  default order.  The default order becomes enforceable upon 
 14.33  signature by an administrative law judge.  The default order 
 14.34  shall be a final order, and shall be served under the rules of 
 14.35  civil procedure. 
 14.36     (c) If the public authority obtains new information after 
 15.1   service of the proposed order, the public authority may prepare 
 15.2   one notice and revised proposed order.  The revised order must 
 15.3   be served by first class mail on the parties.  If the public 
 15.4   authority is not contacted within seven days after the date of 
 15.5   service of the revised order, the public authority may submit 
 15.6   the revised order as a default order but in no event sooner than 
 15.7   30 days after the service of the original proposed order. 
 15.8      (d) The public authority shall file in the district court 
 15.9   copies of all notices served on the parties, proof of service, 
 15.10  the support order worksheet, and all orders.  
 15.11     Sec. 11.  Minnesota Statutes 1997 Supplement, section 
 15.12  518.6111, subdivision 8, is amended to read: 
 15.13     Subd. 8.  [CONTEST.] (a) The obligor may contest 
 15.14  withholding under subdivision 7 on the limited grounds that the 
 15.15  withholding or the amount withheld is improper due to mistake of 
 15.16  fact.  If the obligor chooses to contest the withholding, the 
 15.17  obligor must do so no later than 15 days after the employer 
 15.18  commences withholding, by doing all of the following: 
 15.19     (1) file a request for contested hearing according to 
 15.20  section 518.5511, subdivision 4 3a, and include in the request 
 15.21  the alleged mistake of fact; 
 15.22     (2) serve a copy of the request for contested hearing upon 
 15.23  the public authority and the obligee; and 
 15.24     (3) secure a date for the contested hearing no later than 
 15.25  45 days after receiving notice that withholding has commenced. 
 15.26     (b) The income withholding must remain in place while the 
 15.27  obligor contests the withholding. 
 15.28     (c) If the court finds a mistake in the amount of the 
 15.29  arrearage to be withheld, the court shall continue the income 
 15.30  withholding, but it shall correct the amount of the arrearage to 
 15.31  be withheld. 
 15.32     Sec. 12.  Minnesota Statutes 1997 Supplement, section 
 15.33  518.6111, subdivision 14, is amended to read: 
 15.34     Subd. 14.  [TERMINATION BY THE PUBLIC AUTHORITY.] If the 
 15.35  public authority determines that income withholding is no longer 
 15.36  applicable, the public authority shall notify the obligee and 
 16.1   the obligor of intent to terminate income withholding. 
 16.2      Five days following notification to the obligee and 
 16.3   obligor, the public authority shall issue a notice to the payor 
 16.4   of funds terminating income withholding, without a requirement 
 16.5   for a court order unless the obligee has requested a contested 
 16.6   hearing under section 518.5511, subdivision 4 3a. 
 16.7      Sec. 13.  Minnesota Statutes 1997 Supplement, section 
 16.8   518.615, subdivision 1, is amended to read: 
 16.9      Subdivision 1.  [ORDERS BINDING.] Notices or orders for 
 16.10  income withholding or medical support orders issued pursuant to 
 16.11  sections 518.171 and 518.6111 are binding on the employer, 
 16.12  trustee, or other payor of funds after the order and or notice 
 16.13  of for income withholding or enforcement of medical support has 
 16.14  been served on transmitted pursuant to section 518.6111, to the 
 16.15  employer, trustee, or payor of funds. 
 16.16     Sec. 14.  Minnesota Statutes 1996, section 518.615, 
 16.17  subdivision 2, is amended to read: 
 16.18     Subd. 2.  [CONTEMPT ACTION.] An obligee or the public 
 16.19  agency responsible for child support enforcement may initiate a 
 16.20  contempt action against an employer, trustee, or payor of funds, 
 16.21  within the action that created the support obligation, by 
 16.22  serving an order to show cause upon the employer, trustee, or 
 16.23  payor of funds.  
 16.24     The employer, trustee, or payor of funds is presumed to be 
 16.25  in contempt: 
 16.26     (1) if the employer, trustee, or payor of funds has 
 16.27  intentionally failed to withhold support after receiving the 
 16.28  order and or notice of for income withholding or notice of 
 16.29  enforcement of medical support; or 
 16.30     (2) upon presentation of pay stubs or similar documentation 
 16.31  showing the employer, trustee, or payor of funds withheld 
 16.32  support and demonstration that the employer, trustee, or payor 
 16.33  of funds intentionally failed to remit support to the agency 
 16.34  responsible for child support enforcement. 
 16.35     Sec. 15.  Minnesota Statutes 1997 Supplement, section 
 16.36  518.6195, is amended to read: 
 17.1      518.6195 [COLLECTION; ARREARS ONLY.] 
 17.2      (a) Remedies available for the collection and enforcement 
 17.3   of support in this chapter and chapters 256, 257, and 518C also 
 17.4   apply to cases in which the child or children for whom support 
 17.5   is owed are emancipated and the obligor owes past support or has 
 17.6   an accumulated arrearage as of the date of the youngest child's 
 17.7   emancipation.  Child support arrearages under this section 
 17.8   include arrearages for child support, medical support, child 
 17.9   care, pregnancy and birth expenses, and unreimbursed medical 
 17.10  expenses as defined in section 518.171. 
 17.11     (b) This section applies retroactively to any support 
 17.12  arrearage that accrued on or before the date of enactment and to 
 17.13  all arrearages accruing after the date of enactment. 
 17.14     (c) Past support or pregnancy and confinement expenses 
 17.15  ordered for which the obligor has specific court ordered terms 
 17.16  for repayment may not be enforced using drivers' and 
 17.17  occupational or professional license suspension, credit bureau 
 17.18  reporting, federal and state tax intercept, and additional 
 17.19  income withholding under section 518.6111, subdivision 10, 
 17.20  paragraph (a), unless the obligor fails to comply with the terms 
 17.21  of the court order for repayment. 
 17.22     Sec. 16.  Minnesota Statutes 1997 Supplement, section 
 17.23  518.64, subdivision 2, is amended to read: 
 17.24     Subd. 2.  [MODIFICATION.] (a) The terms of an order 
 17.25  respecting maintenance or support may be modified upon a showing 
 17.26  of one or more of the following:  (1) substantially increased or 
 17.27  decreased earnings of a party; (2) substantially increased or 
 17.28  decreased need of a party or the child or children that are the 
 17.29  subject of these proceedings; (3) receipt of assistance under 
 17.30  sections 256.72 to 256.87 or 256B.01 to 256B.40; (4) a change in 
 17.31  the cost of living for either party as measured by the federal 
 17.32  bureau of statistics, any of which makes the terms unreasonable 
 17.33  and unfair; (5) extraordinary medical expenses of the child not 
 17.34  provided for under section 518.171; or (6) the addition of 
 17.35  work-related or education-related child care expenses of the 
 17.36  obligee or a substantial increase or decrease in existing 
 18.1   work-related or education-related child care expenses.  
 18.2      On a motion to modify support, the needs of any child the 
 18.3   obligor has after the entry of the support order that is the 
 18.4   subject of a modification motion shall be considered as provided 
 18.5   by section 518.551, subdivision 5f. 
 18.6      (b) It is presumed that there has been a substantial change 
 18.7   in circumstances under paragraph (a) and the terms of a current 
 18.8   support order shall be rebuttably presumed to be unreasonable 
 18.9   and unfair if: 
 18.10     (1) the application of the child support guidelines in 
 18.11  section 518.551, subdivision 5, to the current circumstances of 
 18.12  the parties results in a calculated court order that is at least 
 18.13  20 percent and at least $50 per month higher or lower than the 
 18.14  current support order; 
 18.15     (2) the medical support provisions of the order established 
 18.16  under section 518.171 are not enforceable by the public 
 18.17  authority or the custodial parent; 
 18.18     (3) health coverage ordered under section 518.171 is not 
 18.19  available to the child for whom the order is established by the 
 18.20  parent ordered to provide; or 
 18.21     (4) the existing support obligation is in the form of a 
 18.22  statement of percentage and not a specific dollar amount.  
 18.23     (c) On a motion for modification of maintenance, including 
 18.24  a motion for the extension of the duration of a maintenance 
 18.25  award, the court shall apply, in addition to all other relevant 
 18.26  factors, the factors for an award of maintenance under section 
 18.27  518.552 that exist at the time of the motion.  On a motion for 
 18.28  modification of support, the court:  
 18.29     (1) shall apply section 518.551, subdivision 5, and shall 
 18.30  not consider the financial circumstances of each party's spouse, 
 18.31  if any; and 
 18.32     (2) shall not consider compensation received by a party for 
 18.33  employment in excess of a 40-hour work week, provided that the 
 18.34  party demonstrates, and the court finds, that: 
 18.35     (i) the excess employment began after entry of the existing 
 18.36  support order; 
 19.1      (ii) the excess employment is voluntary and not a condition 
 19.2   of employment; 
 19.3      (iii) the excess employment is in the nature of additional, 
 19.4   part-time employment, or overtime employment compensable by the 
 19.5   hour or fractions of an hour; 
 19.6      (iv) the party's compensation structure has not been 
 19.7   changed for the purpose of affecting a support or maintenance 
 19.8   obligation; 
 19.9      (v) in the case of an obligor, current child support 
 19.10  payments are at least equal to the guidelines amount based on 
 19.11  income not excluded under this clause; and 
 19.12     (vi) in the case of an obligor who is in arrears in child 
 19.13  support payments to the obligee, any net income from excess 
 19.14  employment must be used to pay the arrearages until the 
 19.15  arrearages are paid in full. 
 19.16     (d) A modification of support or maintenance may be made 
 19.17  retroactive only with respect to any period during which the 
 19.18  petitioning party has pending a motion for modification but only 
 19.19  from the date of service of notice of the motion on the 
 19.20  responding party and on the public authority if public 
 19.21  assistance is being furnished or the county attorney is the 
 19.22  attorney of record.  However, modification may be applied to an 
 19.23  earlier period if the court makes express findings that:  
 19.24     (1) the party seeking modification was precluded from 
 19.25  serving a motion by reason of a significant physical or mental 
 19.26  disability, a material misrepresentation of another party, or 
 19.27  fraud upon the court and that the party seeking modification, 
 19.28  when no longer precluded, promptly served a motion; 
 19.29     (2) the party seeking modification was a recipient of 
 19.30  federal Supplemental Security Income (SSI), Title II Older 
 19.31  Americans, Survivor's Disability Insurance (OASDI), other 
 19.32  disability benefits, or public assistance based upon need during 
 19.33  the period for which retroactive modification is sought; or 
 19.34     (3) the order for which the party seeks amendment was 
 19.35  entered by default, the party shows good cause for not 
 19.36  appearing, and the record contains no factual evidence, or 
 20.1   clearly erroneous evidence regarding the individual obligor's 
 20.2   ability to pay.  
 20.3      The court may provide that a reduction in the amount 
 20.4   allocated for child care expenses based on a substantial 
 20.5   decrease in the expenses is effective as of the date the 
 20.6   expenses decreased. 
 20.7      (e) Except for an award of the right of occupancy of the 
 20.8   homestead, provided in section 518.63, all divisions of real and 
 20.9   personal property provided by section 518.58 shall be final, and 
 20.10  may be revoked or modified only where the court finds the 
 20.11  existence of conditions that justify reopening a judgment under 
 20.12  the laws of this state, including motions under section 518.145, 
 20.13  subdivision 2.  The court may impose a lien or charge on the 
 20.14  divided property at any time while the property, or subsequently 
 20.15  acquired property, is owned by the parties or either of them, 
 20.16  for the payment of maintenance or support money, or may 
 20.17  sequester the property as is provided by section 518.24. 
 20.18     (f) The court need not hold an evidentiary hearing on a 
 20.19  motion for modification of maintenance or support. 
 20.20     (g) Section 518.14 shall govern the award of attorney fees 
 20.21  for motions brought under this subdivision. 
 20.22     Sec. 17.  [518.642] [OVERPAYMENTS.] 
 20.23     If child support or maintenance is not assigned under 
 20.24  section 256.741, and an obligor has overpaid a child support or 
 20.25  maintenance obligation because of a modification or error in the 
 20.26  amount owed, the public authority shall: 
 20.27     (1) apply the amount of the overpayment to reduce the 
 20.28  amount of any child support or maintenance-related arrearages or 
 20.29  debts owed to the obligee; and 
 20.30     (2) if an overpayment exists after the reduction of any 
 20.31  arrearage or debt, reduce the amount of the child support 
 20.32  remitted to the obligee by an amount no greater than 20 percent 
 20.33  of the current monthly support or maintenance obligation and 
 20.34  remit this amount to the obligor until the overpayment is 
 20.35  reduced to zero. 
 20.36     Sec. 18.  Minnesota Statutes 1997 Supplement, section 
 21.1   552.04, subdivision 4, is amended to read: 
 21.2      Subd. 4.  [SERVICE OF THIRD PARTY LEVY; NOTICE AND 
 21.3   DISCLOSURE FORMS.] When levying upon money owed to the judgment 
 21.4   debtor by a third party, the public authority shall serve a copy 
 21.5   of the notice of support judgment levy upon the third party 
 21.6   either by registered or certified mail, or by personal service, 
 21.7   or by electronic transmission.  Along with a copy of the notice 
 21.8   of support judgment levy, the public authority shall serve upon 
 21.9   the third party a notice of support judgment levy and disclosure 
 21.10  form that must be substantially in the form set forth below. 
 21.11                 OFFICE OF ADMINISTRATIVE HEARINGS
 21.12                               File No. ...........
 21.13  ........ (Public authority)
 21.14  against                        NOTICE OF SUPPORT JUDGMENT
 21.15  ........ (Judgment Debtor)     LEVY AND DISCLOSURE
 21.16  and                            (OTHER THAN EARNINGS)
 21.17  ........ (Third Party)
 21.18     PLEASE TAKE NOTICE that pursuant to Minnesota Statutes, 
 21.19  chapters 518 and 522, the undersigned, as representative of the 
 21.20  public authority responsible for child support enforcement, 
 21.21  makes demand and levies execution upon all money due and owing 
 21.22  by you to the judgment debtor for the amount of the judgment 
 21.23  specified below.  A copy of the notice of support judgment levy 
 21.24  is enclosed.  The unpaid judgment balance is $...... 
 21.25     In responding to this levy, you are to complete the 
 21.26  attached disclosure form and mail it to the public authority, 
 21.27  together with your check payable to the public authority, for 
 21.28  the nonexempt amount owed by you to the judgment debtor or for 
 21.29  which you are obligated to the judgment debtor, within the time 
 21.30  limits in chapter 552. 
 21.31                       Public Authority
 21.32                        Address
 21.33                        (........)
 21.34                        Phone number
 21.35     
 21.36                             DISCLOSURE
 21.37     On the ... day of ......, 19..., the time of service of the 
 21.38  execution levy herein, there was due and owing the judgment 
 21.39  debtor from the third party the following: 
 21.40     (1) Money.  Enter on the line below any amounts due and 
 22.1   owing the judgment debtor, except earnings, from the third party.
 22.2      ......................... 
 22.3      (2) Setoff.  Enter on the line below the amount of any 
 22.4   setoff, defense, lien, or claim which the third party claims 
 22.5   against the amount set forth on line (1).  State the facts by 
 22.6   which the setoff, defense, lien, or claim is claimed.  (Any 
 22.7   indebtedness to you incurred by the judgment debtor within ten 
 22.8   days prior to the receipt of the first execution levy on a debt 
 22.9   may not be claimed as a setoff, defense, lien, or claim against 
 22.10  the amount set forth on line (1).) 
 22.11     ......................... 
 22.12     (3) Exemption.  Enter on the line below any amounts or 
 22.13  property claimed by the judgment debtor to be exempt from 
 22.14  execution. 
 22.15     ......................... 
 22.16     (4) Adverse Interest.  Enter on the line below any amounts 
 22.17  claimed by other persons by reason of ownership or interest in 
 22.18  the judgment debtor's property. 
 22.19     ......................... 
 22.20     (5) Enter on the line below the total of lines (2), (3), 
 22.21  and (4). 
 22.22     .........................  
 22.23     (6) Enter on the line below the difference obtained (never 
 22.24  less than zero when line (5) is subtracted from the amount on 
 22.25  line (1)).  
 22.26     ......................... 
 22.27     (7) Enter on the line below 100 percent of the amount of 
 22.28  the public authority's claim which remains unpaid.  
 22.29     ......................... 
 22.30     (8) Enter on the line below the lesser of line (6) and line 
 22.31  (7).  You are instructed to remit this amount only if it is $10 
 22.32  or more.  
 22.33     ......................... 
 22.34                            AFFIRMATION
 22.35     I, .......... (person signing Affirmation), am the third 
 22.36  party or I am authorized by the third party to complete this 
 23.1   nonearnings disclosure, and have done so truthfully and to the 
 23.2   best of my knowledge. 
 23.3   Dated:..........                Signature
 23.4                                    ..........
 23.5                                    Title
 23.6                                    ..........
 23.7                                    Telephone Number
 23.8      Sec. 19.  Laws 1995, chapter 257, article 1, section 34, is 
 23.9   amended to read: 
 23.10     Sec. 34.  [REPORT.] 
 23.11     The commissioner of human services shall evaluate all child 
 23.12  support programs and enforcement mechanisms.  The evaluation 
 23.13  must include a cost-benefit analysis of each program or 
 23.14  enforcement mechanism, and information related to which programs 
 23.15  produce the highest revenue, reduce arrears, avoid litigation, 
 23.16  and result in the best outcome for children and their parents. 
 23.17     The reports related to the provisions in this chapter are 
 23.18  due two years after the implementation date.  All other reports 
 23.19  on existing programs and enforcement mechanisms are due January 
 23.20  15, 1997 to determine the following: 
 23.21     (1) Minnesota's performance on the child support and 
 23.22  incentive measures submitted by the federal Office of Child 
 23.23  Support to the United States Congress; 
 23.24     (2) Minnesota's performance relative to other states; 
 23.25     (3) individual county performance; and 
 23.26     (4) recommendations for further improvement. 
 23.27     The first report on these topics shall be submitted to the 
 23.28  legislature by January 1, 1999, and subsequent reports shall be 
 23.29  submitted biennially before January 15 of each odd-numbered year.
 23.30     Sec. 20.  Laws 1997, chapter 203, article 6, section 90, is 
 23.31  amended to read: 
 23.32     Sec. 90.  [CHILD SUPPORT ENFORCEMENT PROGRAM; SERVICES 
 23.33  DELIVERY STUDY.] 
 23.34     The commissioner of human services, in consultation with 
 23.35  the commissioner's advisory committee, shall conduct a study of 
 23.36  the overall state child support enforcement delivery system and 
 23.37  shall recommend to the legislature a program design that will 
 23.38  best meet the following goals: 
 24.1      (1) comply with all state and federal laws and regulations; 
 24.2      (2) deliver child support and paternity services in a 
 24.3   timely manner; 
 24.4      (3) meet federal performance criteria; 
 24.5      (4) provide respectful and efficient service to custodial 
 24.6   and noncustodial parents; 
 24.7      (5) make efficient use of public money funding the program; 
 24.8   and 
 24.9      (6) provide a consistent level of services throughout the 
 24.10  state. 
 24.11     The study may make specific recommendations regarding 
 24.12  staffing, training, program administration, customer access to 
 24.13  services, use of technology, and other features of a successful 
 24.14  child support program.  The commissioner may contract with a 
 24.15  private vendor to complete the study.  The commissioner shall 
 24.16  provide the study and recommendations to the legislature by July 
 24.17  1, 1998 December 1, 1998. 
 24.18                             ARTICLE 2
 24.19                      OPTIONAL PARENTING PLANS
 24.20     Section 1.  Minnesota Statutes 1996, section 518.13, 
 24.21  subdivision 5, is amended to read: 
 24.22     Subd. 5.  [APPROVAL WITHOUT HEARING.] Proposed findings of 
 24.23  fact, conclusions of law, order for judgment, and judgment and 
 24.24  decree must be submitted to the court for approval and filing 
 24.25  without a final hearing in the following situations: 
 24.26     (1) if there are no minor children of the marriage, and (i) 
 24.27  the parties have entered into a written stipulation, or (ii) the 
 24.28  respondent has not appeared after service duly made and proved 
 24.29  by affidavit and at least 20 days have elapsed since the time 
 24.30  for answering under section 518.12 expired; or 
 24.31     (2) if there are minor children of the marriage, the 
 24.32  parties have signed and acknowledged a stipulation, and all 
 24.33  parties are represented by counsel.  In cases in which there are 
 24.34  minor children, stipulations must include a signed, notarized 
 24.35  verification that the parties are aware of the parenting plan 
 24.36  option in section 518.152. 
 25.1      Notwithstanding clause (1) or (2), the court shall schedule 
 25.2   the matter for hearing in any case where the proposed judgment 
 25.3   and decree does not appear to be in the best interests of the 
 25.4   minor children or is contrary to the interests of justice. 
 25.5      Sec. 2.  [518.152] [PARENTING PLAN.] 
 25.6      Subdivision 1.  [POLICY.] The public policy of this state 
 25.7   is to encourage parents, in all proceedings for marriage 
 25.8   dissolution, annulment, or legal separation, to reach their own 
 25.9   agreement concerning the upbringing of their children, 
 25.10  consistent with the best interests of the child.  Courts shall 
 25.11  develop procedures to assist the parents to reach their own 
 25.12  agreement with minimal court involvement. 
 25.13     Subd. 2.  [DEFINITIONS.] (a) The following definitions 
 25.14  apply to this section. 
 25.15     (b) "Parenting plan" means a plan developed and agreed to 
 25.16  by both parents determining: 
 25.17     (1) parenting obligations; 
 25.18     (2) parental decision-making authority; and 
 25.19     (3) a parenting schedule. 
 25.20     (c) "Parenting obligations" means the duties of each parent 
 25.21  concerning the child's upbringing, including daily care, 
 25.22  education, health care, religious training, and other parental 
 25.23  duties.  
 25.24     (d) "Parenting schedule" means the parenting plan 
 25.25  provisions regarding time a child spends with each parent, as 
 25.26  well as transportation arrangements and provisions for exchange 
 25.27  of the child between parents. 
 25.28     (e) "Parental decision making" means designation in a 
 25.29  parenting plan of mutual, primary, limited, or no responsibility 
 25.30  for decisions regarding the following issues:  
 25.31     (1) education, health care, and religious training; 
 25.32     (2) the child's daily care, schoolwork and activities, 
 25.33  participation in religious activities, and extra-curricular 
 25.34  activities; 
 25.35     (3) consistent discipline and behavioral consequences; 
 25.36     (4) the child's changing developmental needs; 
 26.1      (5) the special needs of a child; 
 26.2      (6) professional resources for the child; 
 26.3      (7) the time, place, or manner of communication between the 
 26.4   parents; 
 26.5      (8) the child's relationship with grandparents and other 
 26.6   significant persons; 
 26.7      (9) deviations from the regular parenting schedule; 
 26.8      (10) future resolution of parental conflict; and 
 26.9      (11) any other issues pertaining to the child.  
 26.10     Subd. 3.  [PARENTS MAY ENTER.] (a) Notwithstanding section 
 26.11  518.17, subdivision 3, paragraph (a), in all proceedings for 
 26.12  marriage dissolution, annulment, or legal separation, parents 
 26.13  may execute a parenting plan in lieu of establishing custody and 
 26.14  visitation rights under this chapter, as long as the document 
 26.15  clearly defines the terms of the parties' agreement.  Parents 
 26.16  who reach agreement on a parenting plan shall submit it to the 
 26.17  court.  The court shall approve the parenting plan unless it 
 26.18  makes specific findings about why the parenting plan is not 
 26.19  approved.  The agreement must specify that the parties waive the 
 26.20  right to seek a custody or visitation order or any court order 
 26.21  modifying the agreement except as otherwise provided by this 
 26.22  chapter or chapter 518B. 
 26.23     The provisions of section 518.18 apply to modification of 
 26.24  parenting plans.  In addition, a party may request a 
 26.25  modification of the parenting plan earlier than one year after 
 26.26  the date of the entering of a decree of dissolution or legal 
 26.27  separation or an order containing a provision dealing with 
 26.28  custody if there is a persistent and willful denial of or 
 26.29  interference with the parenting schedule in the parenting plan.  
 26.30     Subd. 4.  [PARENTING PLAN OPTION.] Parties who have a 
 26.31  custody and visitation order may agree on a parenting plan to 
 26.32  replace those orders by complying with this section. 
 26.33     Sec. 3.  Minnesota Statutes 1996, section 518.17, 
 26.34  subdivision 3, is amended to read: 
 26.35     Subd. 3.  [CUSTODY ORDER.] (a) Upon adjudging the nullity 
 26.36  of a marriage, or in a dissolution or separation proceeding, or 
 27.1   in a child custody proceeding, the court shall make such further 
 27.2   order as it deems just and proper concerning:  
 27.3      (1) the legal custody of the minor children of the parties 
 27.4   which shall be sole or joint or as otherwise addressed in a 
 27.5   parenting plan entered by the parties under section 518.152; 
 27.6      (2) their physical custody and residence or as otherwise 
 27.7   addressed in a parenting plan entered by the parties under 
 27.8   section 518.152; and 
 27.9      (3) their support.  In determining custody, the court shall 
 27.10  consider the best interests of each child and shall not prefer 
 27.11  one parent over the other solely on the basis of the sex of the 
 27.12  parent.  
 27.13     (b) The court shall grant the following rights to each of 
 27.14  the parties, unless specific findings are made under section 
 27.15  518.68, subdivision 1.  Each party has the right of access to, 
 27.16  and to receive copies of, school, medical, dental, religious 
 27.17  training, and other important records and information about the 
 27.18  minor children.  Each party has the right of access to 
 27.19  information regarding health or dental insurance available to 
 27.20  the minor children.  Each party shall keep the other party 
 27.21  informed as to the name and address of the school of attendance 
 27.22  of the minor children.  Each party has the right to be informed 
 27.23  by school officials about the children's welfare, educational 
 27.24  progress and status, and to attend school and parent-teacher 
 27.25  conferences.  The school is not required to hold a separate 
 27.26  conference for each party.  In case of an accident or serious 
 27.27  illness of a minor child, each party shall notify the other 
 27.28  party of the accident or illness, and the name of the health 
 27.29  care provider and the place of treatment.  Each party has the 
 27.30  right to reasonable access and telephone contact with the minor 
 27.31  children.  The court may waive any of the rights under this 
 27.32  section if it finds it is necessary to protect the welfare of a 
 27.33  party or child. 
 27.34     (c) Solely for the purposes of interpreting or applying 
 27.35  state, federal, tribal, and international law which provides or 
 27.36  requires a designation or determination of custody, a parenting 
 28.1   plan under section 518.152 shall designate a parent as 
 28.2   custodian.  The parent with whom the child is scheduled to 
 28.3   reside a majority of the time may be designated the custodian, 
 28.4   or the parents may agree that they shall be designated joint 
 28.5   legal or physical custodians, if they set forth the reasons for 
 28.6   this agreement.  This designation shall not affect either 
 28.7   parent's rights and responsibilities under the parenting plan or 
 28.8   support order. 
 28.9                              ARTICLE 3
 28.10                     PARENTING PLAN ALTERNATIVE
 28.11     Section 1.  [518D.01] [PARENTING PLANS; APPLICATION.] 
 28.12     This chapter takes effect in a judicial district upon its 
 28.13  adoption by a majority vote of the judges of that district, and 
 28.14  upon subsequent approval by the supreme court.  Upon adoption, 
 28.15  this chapter applies to all proceedings commenced on and after 
 28.16  the date of adoption in the judicial district.  Adoption of this 
 28.17  chapter may be rescinded by a majority vote of the judges in the 
 28.18  district and the subsequent approval of the supreme court.  
 28.19  Rescission shall be prospective in effect, and the provisions of 
 28.20  this chapter shall continue to apply to proceedings commenced 
 28.21  before rescission. 
 28.22     Sec. 2.  [518D.02] [DEFINITIONS.] 
 28.23     (a) Unless otherwise agreed by the parties, the terms used 
 28.24  in this chapter have the meanings given in this section. 
 28.25     (b) "Parenting plan" means a court-ordered or 
 28.26  court-approved plan determining: 
 28.27     (1) parenting obligations; 
 28.28     (2) parental decision-making authority; and 
 28.29     (3) a parenting schedule. 
 28.30     (c) "Parenting obligations" means the duties of each parent 
 28.31  or acting parent concerning the child's upbringing, including 
 28.32  daily care, education, health care, religious training, and 
 28.33  other parental duties.  
 28.34     (d) "Parenting schedule" means the parenting plan 
 28.35  provisions regarding time a child spends with each parent, as 
 28.36  well as transportation arrangements and provisions for exchange 
 29.1   of the child between parents, including restrictions, such as 
 29.2   supervised parenting.  
 29.3      (e) "Parental decision making" means designation in a 
 29.4   parenting plan of mutual, primary, limited, or no responsibility 
 29.5   for decisions regarding the following issues:  
 29.6      (1) education, health care, and religious training; 
 29.7      (2) the child's daily care, schoolwork and activities, 
 29.8   participation in religious activities, and extra-curricular 
 29.9   activities; 
 29.10     (3) consistent discipline and behavioral consequences; 
 29.11     (4) the child's changing developmental needs; 
 29.12     (5) the special needs of a child; 
 29.13     (6) professional resources for the child; 
 29.14     (7) the time, place, or manner of communication between the 
 29.15  parents; 
 29.16     (8) the child's relationship with grandparents and other 
 29.17  significant persons; 
 29.18     (9) deviations from the regular parenting schedule; 
 29.19     (10) future resolution of parental conflict; and 
 29.20     (11) any other issues pertaining to the child.  
 29.21  All parenting plans must include a designation of responsibility 
 29.22  for decisions regarding the issues in clauses (1) to (3) and may 
 29.23  include a designation of responsibility for decisions regarding 
 29.24  the issues in clauses (4) to (11).  
 29.25     There is a presumption, subject to the best interests of 
 29.26  the child, that both parents shall have rights and 
 29.27  responsibilities to participate in these decisions, though not 
 29.28  necessarily equal rights and responsibilities.  However, the 
 29.29  court shall use a presumption that it is not in the best 
 29.30  interests of the child for both parents to have substantially 
 29.31  equal rights and responsibilities to participate in these 
 29.32  decisions or to have substantially equal parenting time if 
 29.33  domestic abuse, as defined in section 518B.01, has occurred 
 29.34  between the parties.  If domestic abuse, as defined in section 
 29.35  518B.01, has occurred, the parenting plan shall include 
 29.36  appropriate provisions for the protection of the child 
 30.1   consistent with the provisions of chapter 518. 
 30.2      (f) "Parenting proceeding" includes proceedings in which a 
 30.3   parenting plan is at issue, such as an action for dissolution, 
 30.4   divorce, or separation, and includes proceedings involving 
 30.5   children who are in need of protection or services, domestic 
 30.6   abuse, and paternity, but does not include a proceeding under 
 30.7   section 256.87. 
 30.8      (g) "Acting parent" is a person other than a parent who has 
 30.9   parenting obligations and rights under a parenting plan. 
 30.10     (h) "Professional parenting plan evaluator" means someone 
 30.11  who has at a minimum postdegree training in domestic violence 
 30.12  issues and experience in domestic violence work; and: 
 30.13     (1) before the effective date of this section was serving 
 30.14  as a court services or county personnel; or 
 30.15     (2) began serving after the effective date of this section, 
 30.16  and, whether or not serving as county or court services 
 30.17  personnel, has the following qualifications: 
 30.18     (i) a master's degree in family social science, child 
 30.19  development and family relations, family science, counseling, 
 30.20  social work, psychology, human development, counseling 
 30.21  psychology, marriage family counseling, or family systems; and 
 30.22     (ii) a minimum of three years full-time professional 
 30.23  experience working with families. 
 30.24     (i) "Mediation" means a process in which an impartial third 
 30.25  party facilitates an agreement between two or more parties in a 
 30.26  proceeding under this chapter. 
 30.27     Sec. 3.  [518D.03] [TITLES OF PROCEEDINGS.] 
 30.28     A proceeding for dissolution of marriage, legal separation, 
 30.29  or annulment shall be entitled "In re the Marriage of .......... 
 30.30  and ..........."  A parenting proceeding shall be entitled "In 
 30.31  re the (Parenting Plan) of ..........." 
 30.32     Sec. 4.  [518D.04] [SUMMONS; SPECIAL PROVISIONS.] 
 30.33     (a) In addition to complying with the provisions of section 
 30.34  518.091, a summons in a matter governed by this chapter must 
 30.35  contain the following paragraph. 
 30.36     (b) RESOURCES ARE AVAILABLE TO ASSIST YOU IN REDUCING THE 
 31.1   CONFLICT OF DIVORCE.  YOU ARE REQUIRED TO CONSIDER MEDIATION OR 
 31.2   ALTERNATIVE DISPUTE RESOLUTION.  YOU MAY CONTACT THE COURT 
 31.3   ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA.  IF YOU CANNOT PAY 
 31.4   FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, ASSISTANCE MAY 
 31.5   BE AVAILABLE TO YOU THROUGH THE DISTRICT COURT OR A NONPROFIT 
 31.6   PROVIDER.  IF YOU ARE A VICTIM OF DOMESTIC ABUSE, YOU ARE NOT 
 31.7   REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY THE 
 31.8   COURT IN LATER PROCEEDINGS.  
 31.9      (c) The provisions of paragraph (b) need not be included in 
 31.10  a published summons. 
 31.11     Sec. 5.  [518D.05] [TEMPORARY ORDERS AND RESTRAINING 
 31.12  ORDERS.] 
 31.13     Subdivision 1.  [CONTENTS OF ORDER.] In a parenting 
 31.14  proceeding, dissolution, or legal separation, or a proceeding 
 31.15  for disposition of property, maintenance, or child support 
 31.16  following the dissolution of a marriage, either party may, by 
 31.17  motion, request from the court and the court may grant a 
 31.18  temporary order pending the final disposition of the proceeding 
 31.19  to or for:  
 31.20     (1) a temporary parenting plan for the minor children of 
 31.21  the parties; 
 31.22     (2) temporary maintenance of either spouse; 
 31.23     (3) temporary child support for the children of the 
 31.24  parties; 
 31.25     (4) temporary costs and reasonable attorney fees; 
 31.26     (5) award the temporary use and possession, exclusive or 
 31.27  otherwise, of the family home, furniture, household goods, 
 31.28  automobiles, and other property of the parties; 
 31.29     (6) restrain one or both parties from transferring, 
 31.30  encumbering, concealing, or disposing of property except in the 
 31.31  usual course of business or for the necessities of life, and to 
 31.32  account to the court for all such transfers, encumbrances, 
 31.33  dispositions, and expenditures made after the order is served or 
 31.34  communicated to the party restrained in open court; 
 31.35     (7) restrain one or both parties from harassing, vilifying, 
 31.36  mistreating, molesting, disturbing the peace, or restraining the 
 32.1   liberty of the other party or the children of the parties; 
 32.2      (8) restrain one or both parties from removing any minor 
 32.3   child of the parties from the jurisdiction of the court; 
 32.4      (9) exclude a party from the family home of the parties or 
 32.5   from the home of the other party; and 
 32.6      (10) require one or both of the parties to perform or to 
 32.7   not perform such additional acts as will facilitate the just and 
 32.8   speedy disposition of the proceeding, or will protect the 
 32.9   parties or their children from physical or emotional harm.  
 32.10     Subd. 2.  [PROHIBITED TERMS.] A temporary order may not:  
 32.11     (1) deny a parent the right to participate in a parenting 
 32.12  schedule unless the court finds that participation by that 
 32.13  parent is likely to cause physical or emotional harm to the 
 32.14  child; 
 32.15     (2) exclude a party from the family home of the parties 
 32.16  unless the court finds that physical or emotional harm to one of 
 32.17  the parties or to the children of the parties is likely to 
 32.18  result, or that the exclusion is reasonable in the 
 32.19  circumstances; or 
 32.20     (3) vacate or modify an order granted under section 
 32.21  518B.01, subdivision 6, paragraph (a), clause (1), restraining 
 32.22  an abusing party from committing acts of domestic abuse, except 
 32.23  that the court may hear a motion for modification of an order 
 32.24  for protection concurrently with a proceeding for dissolution of 
 32.25  marriage upon notice of motion and motion.  The notice required 
 32.26  by court rule shall not be waived.  If the proceedings are 
 32.27  consolidated and the motion to modify is granted, a separate 
 32.28  order for modification of an order for protection shall be 
 32.29  issued. 
 32.30     Subd. 3.  [EX PARTE ORDERS.] A party may request and the 
 32.31  court may make an ex parte restraining order which may include 
 32.32  any matter that may be included in a temporary order except it 
 32.33  may not:  
 32.34     (1) exclude either party from the family home of the 
 32.35  parties except upon a finding by the court of immediate danger 
 32.36  of physical harm to the other party or the children of either 
 33.1   party; or 
 33.2      (2) deny participation in a parenting schedule to either 
 33.3   party except upon a finding by the court of immediate danger of 
 33.4   physical harm to the minor children of the parties.  
 33.5      Subd. 4.  [SERVICE; HEARINGS.] A restraining order must be 
 33.6   personally served upon the party to be restrained and must be 
 33.7   accompanied by a notice of the time and place of hearing for 
 33.8   disposition of the matters contained in the restraining order at 
 33.9   a hearing for a temporary order.  If a restraining order has 
 33.10  been issued, a hearing on the temporary order must be held at 
 33.11  the earliest practicable date.  The restrained party may upon 
 33.12  written notice to the other party advance the hearing date to a 
 33.13  time earlier than that noticed by the other party.  The 
 33.14  restraining order continues in full force and effect only until 
 33.15  the hearing time noticed, unless the court, for good cause and 
 33.16  upon notice, extends the time for hearing.  
 33.17     Subd. 5.  [DURATION.] A temporary order continues in full 
 33.18  force and effect until the earlier of its amendment or vacation, 
 33.19  dismissal of the main action, or entry of a final decree of 
 33.20  dissolution or legal separation.  
 33.21     Subd. 6.  [EFFECT OF DISMISSAL.] If a proceeding for 
 33.22  dissolution or legal separation is dismissed, a temporary order 
 33.23  which includes a parenting plan is vacated unless one of the 
 33.24  parties or the child's acting parent moves that the proceeding 
 33.25  continue as a parenting proceeding and the court finds, after a 
 33.26  hearing, that the circumstances of the parties and the best 
 33.27  interests of the child require a parenting plan. 
 33.28     Subd. 7.  [GUIDANCE.] The court shall be guided by the 
 33.29  factors set forth in sections 518.551 (concerning child 
 33.30  support), 518.552 (concerning maintenance), 518D.13 and 518D.14 
 33.31  (concerning parenting plans), and 518.14 (concerning costs and 
 33.32  attorney fees) in making temporary orders and restraining orders.
 33.33     Subd. 8.  [BASIS FOR ORDER.] Temporary orders must be made 
 33.34  solely on the basis of affidavits and argument of counsel except 
 33.35  upon demand by either party in a motion or responsive motion 
 33.36  made within the time limit for making and filing a responsive 
 34.1   motion that the matter be heard on oral testimony before the 
 34.2   court, or if the court in its discretion orders the taking of 
 34.3   oral testimony. 
 34.4      Subd. 9.  [EFFECT OF ORDER; REVOCATION; MODIFICATION.] A 
 34.5   temporary order or restraining order:  
 34.6      (1) does not prejudice the rights of the parties or the 
 34.7   child which are to be adjudicated at subsequent hearings in the 
 34.8   proceeding; and 
 34.9      (2) may be revoked or modified by the court before the 
 34.10  final disposition of the proceeding upon the same grounds and 
 34.11  subject to the same requirements as the initial granting of the 
 34.12  order.  
 34.13     Subd. 10.  [MISDEMEANOR.] In addition to being punishable 
 34.14  by contempt, a violation of a provision of a temporary order or 
 34.15  restraining order granting the relief authorized in subdivision 
 34.16  1, clause (6), (7), or (8), is a misdemeanor.  
 34.17     Sec. 6.  [518D.06] [PARENTING PLAN DETERMINATIONS.] 
 34.18     Notwithstanding any law to the contrary, a court in which a 
 34.19  proceeding for dissolution, legal separation, or a parenting 
 34.20  plan has been commenced shall not issue, revise, modify, or 
 34.21  amend any order, pursuant to section 518.131, 518.165, 518.168, 
 34.22  518.17, 518.175, or 518.18, which affects the parenting plan of 
 34.23  a minor child unless the court has jurisdiction over the matter 
 34.24  pursuant to the provisions of sections 518A.01 to 518A.25. 
 34.25     Sec. 7.  [518D.07] [COMMENCEMENT OF PARENTING PROCEEDING.] 
 34.26     Subdivision 1.  [PROCEDURE.] In a court of this state which 
 34.27  has jurisdiction to order a parenting plan, a parenting 
 34.28  proceeding is commenced: 
 34.29     (1) by a parent: 
 34.30     (i) by filing a petition for dissolution or legal 
 34.31  separation; or 
 34.32     (ii) if a decree of dissolution or legal separation has 
 34.33  been entered or if none is sought, or when paternity has been 
 34.34  recognized under section 257.75, by filing a petition or motion 
 34.35  seeking a parenting plan regarding the child in the county where 
 34.36  the child is permanently resident or where the child is found or 
 35.1   where an earlier order for a parenting plan regarding the child 
 35.2   has been entered; or 
 35.3      (2) by a person other than a parent, if a decree of 
 35.4   dissolution or legal separation has been entered or if none is 
 35.5   sought by filing a petition or motion seeking a parenting order 
 35.6   regarding the child in the county where the child is permanently 
 35.7   resident or where the child is found or where an earlier 
 35.8   parenting order regarding the child has been entered.  A person 
 35.9   seeking to participate in a parenting schedule pursuant to this 
 35.10  paragraph must qualify under one of the provisions of section 
 35.11  257.022.  
 35.12     Subd. 2.  [WRITTEN NOTICE; PARTIES.] Written notice of 
 35.13  parenting proceedings must be given to the child's parent, 
 35.14  guardian, and custodian, who may appear and be heard and may 
 35.15  file a responsive pleading.  The court may, upon a showing of 
 35.16  good cause, permit the intervention of other interested parties. 
 35.17     Sec. 8.  [518D.08] [PARENT EDUCATION PROGRAMS.] 
 35.18     In a judicial district where this chapter is in effect, the 
 35.19  parent education programs required by section 518.157 shall 
 35.20  address issues arising under parenting plans rather than issues 
 35.21  raised by custody and visitation law. 
 35.22     Sec. 9.  [518D.09] [GUARDIAN AD LITEM.] 
 35.23     Subdivision 1.  [PERMISSIVE APPOINTMENT OF GUARDIAN AD 
 35.24  LITEM.] In all parenting proceedings the court may appoint a 
 35.25  guardian ad litem from a panel established by the court to 
 35.26  represent the interests of the child.  The guardian ad litem 
 35.27  shall advise the court with respect to the parenting plan and 
 35.28  support. 
 35.29     Subd. 2.  [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] In 
 35.30  all parenting proceedings, if the court has reason to believe 
 35.31  that the minor child is a victim of domestic child abuse or 
 35.32  neglect, as those terms are defined in sections 260.015 and 
 35.33  626.556, respectively, the court shall appoint a guardian ad 
 35.34  litem.  The guardian ad litem shall represent the interests of 
 35.35  the child and advise the court with respect to support and 
 35.36  parenting plans.  If the child is represented by a guardian ad 
 36.1   litem in any other pending proceeding, the court may appoint 
 36.2   that guardian to represent the child in the custody or 
 36.3   visitation proceeding.  No guardian ad litem need be appointed 
 36.4   if the alleged domestic child abuse or neglect is before the 
 36.5   court on a juvenile dependency and neglect petition.  Nothing in 
 36.6   this subdivision requires the court to appoint a guardian ad 
 36.7   litem in any parenting proceeding in which an allegation of 
 36.8   domestic child abuse or neglect has not been made. 
 36.9      Subd. 3.  [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 
 36.10  guardian ad litem shall carry out the following responsibilities:
 36.11     (1) conduct an independent investigation to determine the 
 36.12  facts relevant to the situation of the child and the family, 
 36.13  which must include, unless specifically excluded by the court, 
 36.14  reviewing relevant documents; meeting with and observing the 
 36.15  child in the home setting and considering the child's wishes, as 
 36.16  appropriate; and interviewing parents, caregivers, and others 
 36.17  with knowledge relevant to the case; and return to the court a 
 36.18  plan for the future care and parenting of the child that allows 
 36.19  both parents to maintain a relationship with the child, unless 
 36.20  that would be contrary to the best interests of the child; 
 36.21     (2) advocate for the child's best interests by 
 36.22  participating in appropriate aspects of the case and advocating 
 36.23  for appropriate community services when necessary; 
 36.24     (3) maintain the confidentiality of information related to 
 36.25  a case, with the exception of sharing information as permitted 
 36.26  by law to promote cooperative solutions that are in the best 
 36.27  interests of the child; 
 36.28     (4) monitor the child's best interests throughout the 
 36.29  judicial proceeding; and 
 36.30     (5) present written reports on the child's best interests 
 36.31  that include conclusions and recommendations and the facts upon 
 36.32  which they are based and provide for a relationship between the 
 36.33  child and both parents if that is in the child's best interests. 
 36.34     Subd. 4.  [FEES.] A guardian ad litem appointed under 
 36.35  subdivision 1 or 2 may be appointed as a volunteer or on a fee 
 36.36  basis.  If a guardian ad litem is appointed on a fee basis, the 
 37.1   court shall enter an order for costs, fees, and disbursements in 
 37.2   favor of the child's guardian ad litem.  The order may be made 
 37.3   against either or both parties, except that any part of the 
 37.4   costs, fees, or disbursements which the court finds the parties 
 37.5   are incapable of paying shall be borne by the county in which 
 37.6   the proceeding is being held.  In no event may the court order 
 37.7   that costs, fees, or disbursements be paid by a party receiving 
 37.8   public assistance or legal assistance or by a party whose annual 
 37.9   income falls below the poverty line as established under United 
 37.10  States Code, title 42, section 9902(2). 
 37.11     Sec. 10.  [518D.10] [INTERVIEWS.] 
 37.12     The court may interview the child in chambers to ascertain 
 37.13  the child's views, preferences, or concerns about a proposed 
 37.14  parenting plan if the court deems the child to be of sufficient 
 37.15  age and maturity.  The court shall permit counsel to be present 
 37.16  at the interview and shall permit counsel to propound reasonable 
 37.17  questions to the child either directly or through the court.  
 37.18  The court shall cause a record of the interview to be made and 
 37.19  to be made part of the record in the case unless waived by the 
 37.20  parties. 
 37.21     Sec. 11.  [518D.11] [INVESTIGATIONS AND REPORTS.] 
 37.22     Subdivision 1.  [GENERAL.] In contested parenting 
 37.23  proceedings, and in other parenting proceedings if a parent or 
 37.24  the child's acting parent requests, the court may seek the 
 37.25  services and recommendations of a professional parenting plan 
 37.26  evaluator concerning the parenting plan for the child.  The 
 37.27  professional parenting plan evaluator may interview the child to 
 37.28  learn the child's views, preferences, or concerns about a 
 37.29  proposed parenting plan if the professional parenting plan 
 37.30  evaluator deems the child to be of sufficient age and maturity.  
 37.31  To the extent that a parent desires to be, or has been, involved 
 37.32  in a child's life, the report must recommend a parenting plan 
 37.33  that will permit both parents to continue to be involved parents 
 37.34  in the life of the child, unless that would be contrary to the 
 37.35  best interests of the child.  There shall be no presumption in 
 37.36  favor of joint physical custody or of scheduling the child to 
 38.1   reside an equal amount of time with each parent. 
 38.2      Subd. 2.  [PREPARATION.] (a) In preparing a report 
 38.3   concerning a child, the professional parenting plan evaluator 
 38.4   may consult any person who may have information about the child 
 38.5   and the potential parenting arrangements except for persons 
 38.6   involved in mediation efforts between the parties.  Mediation 
 38.7   personnel may disclose to professional parenting plan evaluators 
 38.8   information collected during mediation only if agreed to in 
 38.9   writing by all parties, including the mediator.  Upon order of 
 38.10  the court, the professional parenting plan evaluator may refer 
 38.11  the child to other professional personnel for diagnosis.  The 
 38.12  professional parenting plan evaluator may consult with and 
 38.13  obtain information from medical, psychiatric, school personnel, 
 38.14  or other expert persons who have served the child in the past 
 38.15  after obtaining the consent of the parents or the child's acting 
 38.16  parent or guardian.  
 38.17     (b) The report submitted by the professional parenting plan 
 38.18  evaluator must consider and evaluate the factors in section 
 38.19  518.17, and include a detailed analysis of all information 
 38.20  considered for each factor.  The report must state the position 
 38.21  of each party and the professional parenting plan evaluator's 
 38.22  recommended parenting plan and the reason for the 
 38.23  recommendation, and reference established means for dispute 
 38.24  resolution between the parties. 
 38.25     Subd. 3.  [AVAILABILITY TO COUNSEL.] The court shall mail 
 38.26  the professional parenting plan evaluator's recommended 
 38.27  parenting plan to counsel and to any party not represented by 
 38.28  counsel at least ten days before the hearing.  The professional 
 38.29  parenting plan evaluator shall maintain and, upon request, make 
 38.30  available to counsel and to a party not represented by counsel 
 38.31  the professional parenting plan evaluator's file of underlying 
 38.32  data and reports, complete texts of diagnostic reports made to 
 38.33  the professional parenting plan evaluator pursuant to the 
 38.34  provisions of subdivision 2, and the names and addresses of all 
 38.35  persons whom the professional parenting plan evaluator has 
 38.36  consulted.  The professional parenting plan evaluator and any 
 39.1   person the professional parenting plan evaluator has consulted 
 39.2   are subject to other pretrial discovery in accordance with the 
 39.3   requirements of the Minnesota Rules of Civil Procedure.  
 39.4   Mediation proceedings are not subject to discovery without 
 39.5   written consent of both parties and the written consent of the 
 39.6   mediator.  A party to the proceeding may call the professional 
 39.7   parenting plan evaluator and any person whom the professional 
 39.8   parenting plan evaluator has consulted for cross-examination at 
 39.9   the hearing.  A party may not waive the right of 
 39.10  cross-examination before the hearing. 
 39.11     Subd. 4.  [USE AT HEARING.] The professional parenting plan 
 39.12  evaluator's recommended parenting plan may be received in 
 39.13  evidence at the hearing. 
 39.14     Subd. 5.  [COSTS.] The court shall order all or part of the 
 39.15  cost of the investigation and preparation of the recommended 
 39.16  parenting plan to be paid by either or both parties, based on 
 39.17  their ability to pay.  Any part of the cost that the court finds 
 39.18  the parties are incapable of paying must be borne by the county 
 39.19  welfare agency or department of court services that prepares the 
 39.20  parenting plan.  The court may not order costs under this 
 39.21  subdivision to be paid by a party receiving public assistance or 
 39.22  legal assistance from a qualified legal services program or by a 
 39.23  party whose annual income falls below the poverty line under 
 39.24  United States Code, title 42, section 9902(2). 
 39.25     Sec. 12.  [518D.12] [HEARINGS.] 
 39.26     (a) Parenting proceedings shall receive priority in being 
 39.27  set for hearing. 
 39.28     (b) The court may tax as costs the payment of necessary 
 39.29  travel and other expenses incurred by a person whose presence at 
 39.30  the hearing the court deems necessary to determine the best 
 39.31  interests of the child. 
 39.32     (c) The court without a jury shall determine questions of 
 39.33  law and fact.  If it finds that a public hearing may be 
 39.34  detrimental to the child's best interests, the court may exclude 
 39.35  the public from a parenting proceeding, but may admit any person 
 39.36  who has a direct interest in the particular case. 
 40.1      (d) If the court finds it necessary for the protection of 
 40.2   the child's welfare that the record of an interview, report, 
 40.3   investigation, or testimony in a parenting proceeding be kept 
 40.4   secret, the court may make an appropriate order sealing the 
 40.5   record. 
 40.6      Sec. 13.  [518D.13] [THE BEST INTERESTS OF THE CHILD.] 
 40.7      (a) For the purposes of this chapter, "the best interests 
 40.8   of the child" means all relevant factors to be considered and 
 40.9   evaluated by the court including: 
 40.10     (1) the wishes of the child's parent or parents as to 
 40.11  parenting obligations and parenting schedules; 
 40.12     (2) the child's views, preferences, and concerns regarding 
 40.13  the parenting plan, if the court deems the child to be of 
 40.14  sufficient age and maturity; 
 40.15     (3) the history of parental caregiving; 
 40.16     (4) the intimacy of the relationship between each parent 
 40.17  and the child; 
 40.18     (5) the interaction and interrelationship of the child with 
 40.19  a parent or parents, siblings, and any other person who may 
 40.20  significantly affect the child's best interests; 
 40.21     (6) the child's adjustment to home, school, and community; 
 40.22     (7) the length of time the child has lived in a stable, 
 40.23  satisfactory environment and the desirability of maintaining 
 40.24  continuity; 
 40.25     (8) the permanence, as a family unit, of the existing or 
 40.26  proposed residential arrangement; 
 40.27     (9) the mental and physical health of all individuals 
 40.28  involved; except that a disability, as defined in section 
 40.29  363.01, of a parent or the child shall not be determinative of 
 40.30  the parenting arrangements, unless the proposed parenting 
 40.31  arrangement is not in the best interest of the child; 
 40.32     (10) the capacity and disposition of the parties to give 
 40.33  the child love, affection, and guidance, and to continue 
 40.34  educating and raising the child in the child's culture and 
 40.35  religion or creed, if any; 
 40.36     (11) the child's cultural background; 
 41.1      (12) the effect on the child of the actions of an abuser, 
 41.2   if related to domestic abuse, as defined in section 518B.01, 
 41.3   that has occurred between the parents or between a parent and 
 41.4   another individual, whether or not the individual alleged to 
 41.5   have committed domestic abuse is or ever was a family or 
 41.6   household member of the parent; 
 41.7      (13) except in cases in which a finding of domestic abuse 
 41.8   as defined in section 518B.01 has been made, the disposition of 
 41.9   each parent to encourage and permit frequent and continuing 
 41.10  contact by the other parent with the child; 
 41.11     (14) the ability of parents to cooperate in the rearing of 
 41.12  their child; 
 41.13     (15) methods for resolving disputes regarding any major 
 41.14  decision concerning the life of the child, and the parents' 
 41.15  willingness to use those methods; 
 41.16     (16) whether it would be detrimental to the child if one 
 41.17  parent were to have significantly more parental decision-making 
 41.18  authority under the parenting plan than the other parent; and 
 41.19     (17) whether domestic abuse, as defined in section 518B.01, 
 41.20  has occurred between the parents or between a parent and a child.
 41.21     If the court enters a parenting plan over the objection of 
 41.22  a party, the court shall make detailed findings on each of the 
 41.23  factors in this paragraph and explain how the factors led to its 
 41.24  determination that the parenting plan would be in the best 
 41.25  interests of the child.  
 41.26     The court may not use one factor to the exclusion of all 
 41.27  others.  
 41.28     (b) In a parenting proceeding under this chapter, the court 
 41.29  shall not consider conduct of a party that does not affect the 
 41.30  party's relationship to the child. 
 41.31     Sec. 14.  [518D.14] [PARENTING PLAN.] 
 41.32     (a) Upon adjudging the nullity of a marriage, or in a 
 41.33  dissolution or separation proceeding, or in a parenting 
 41.34  proceeding, the court shall make such further order as it deems 
 41.35  just and proper concerning a parenting plan.  In determining a 
 41.36  parenting plan, the court shall consider the best interests of 
 42.1   each child and shall not prefer one parent over the other solely 
 42.2   on the basis of the sex of the parent.  In determining a 
 42.3   parenting plan, there shall be no presumption in favor of joint 
 42.4   physical custody or of scheduling the child to reside an equal 
 42.5   amount of time with each parent.  Both parents shall remain 
 42.6   parents of the child unless the parental rights of one or both 
 42.7   of them have been terminated under chapter 260. 
 42.8      (b) Solely for the purposes of interpreting or applying 
 42.9   state, federal, tribal, and international law which provides or 
 42.10  requires a designation or determination of custody, a parenting 
 42.11  plan shall designate a parent as the custodian of the child.  
 42.12  The parent with whom the child is scheduled to reside a majority 
 42.13  of the time shall be designated the custodian, unless the 
 42.14  parents agree that both shall be designated custodians for the 
 42.15  purposes of these laws.  However, this designation shall not 
 42.16  affect either parent's rights and responsibilities under the 
 42.17  parenting plan or support order. 
 42.18     (c) The court shall grant the following rights to each of 
 42.19  the parties, unless specific findings are made under section 
 42.20  518.68, subdivision 1.  Each party has the right of access to, 
 42.21  and to receive copies of, school, medical, dental, religious 
 42.22  training, and other important records and information about the 
 42.23  minor children.  Each party has the right of access to 
 42.24  information regarding health or dental insurance available to 
 42.25  the minor children.  Each party shall keep the other party 
 42.26  informed as to the name and address of the school of attendance 
 42.27  of the minor children.  Each party has the right to be informed 
 42.28  by school officials about the children's welfare, educational 
 42.29  progress and status, and to attend school and parent-teacher 
 42.30  conferences.  The school is not required to hold a separate 
 42.31  conference for each party.  In case of an accident or serious 
 42.32  illness of a minor child, each party shall notify the other 
 42.33  party of the accident or illness, and the name of the health 
 42.34  care provider and the place of treatment.  Each party has the 
 42.35  right to reasonable access and telephone contact with the minor 
 42.36  children.  The court may waive any of the rights under this 
 43.1   section if it finds it is necessary to protect the welfare of a 
 43.2   party or child. 
 43.3      Sec. 15.  [518D.15] [IMPLEMENTATION OF THE PARENTING PLAN.] 
 43.4      Subdivision 1.  [ESTABLISHMENT; ENFORCEMENT; DISPUTES.] (a) 
 43.5   In all proceedings for dissolution or legal separation, 
 43.6   subsequent to the commencement of the proceeding and continuing 
 43.7   during the minority of the child, the court shall, upon the 
 43.8   request of either parent, establish a schedule that will enable 
 43.9   the child and each parent to maintain a child to parent 
 43.10  relationship that will be in the best interests of the child.  
 43.11  If the court finds, after a hearing, that a parent's 
 43.12  participation in the parenting schedule is likely to endanger 
 43.13  the child's physical or emotional health or impair the child's 
 43.14  emotional development, the court shall restrict participation in 
 43.15  the parenting schedule in regard to time, place, duration, or 
 43.16  supervision and may deny participation entirely, as the 
 43.17  circumstances warrant.  The court shall consider the age of the 
 43.18  child and the child's relationship with each parent prior to the 
 43.19  commencement of the proceeding.  A parent's failure to pay 
 43.20  support because of the parent's inability to do so shall not be 
 43.21  sufficient cause to deny participation in the parenting schedule.
 43.22     (b) The court may provide that a law enforcement officer or 
 43.23  other appropriate person will accompany a party seeking to 
 43.24  enforce or comply with parenting schedules. 
 43.25     (c) Upon request of either party, to the extent 
 43.26  practicable, a parenting plan must include a specific parenting 
 43.27  schedule including the frequency and duration of parenting time 
 43.28  and exchanges during holidays and vacations, unless 
 43.29  participation in a parenting schedule is restricted, denied, or 
 43.30  reserved. 
 43.31     (d) The court administrator shall provide a form for a pro 
 43.32  se motion regarding parenting schedule disputes, which includes 
 43.33  provisions for indicating the relief requested, an affidavit in 
 43.34  which the party may state the facts of the dispute, and a brief 
 43.35  description of the family dispute mediation process under 
 43.36  section 518D.16.  The court shall provide instructions on 
 44.1   serving and filing the motion. 
 44.2      Subd. 2.  [DOMESTIC ABUSE; SUPERVISED PARENTING.] (a) If a 
 44.3   parent requests supervised parenting under subdivision 1 or 5 
 44.4   and an order for protection under chapter 518B or a similar law 
 44.5   of another state is in effect against the other parent to 
 44.6   protect a parent or the child, the judge or judicial officer 
 44.7   must consider the order for protection in making a decision 
 44.8   regarding participation in the parenting plan. 
 44.9      (b) The state court administrator, in consultation with 
 44.10  representatives of parents and other interested persons, shall 
 44.11  develop standards to be met by persons who are responsible for 
 44.12  supervising participation in a parenting plan.  Either parent 
 44.13  may challenge the appropriateness of an individual chosen by the 
 44.14  court to supervise participation in a parenting plan. 
 44.15     Subd. 3.  [INFORMING CHILD; PARENTING EXCHANGES.] Upon the 
 44.16  request of either parent, the court may inform any child of the 
 44.17  parties, if eight years of age or older, or otherwise of an age 
 44.18  of suitable comprehension, of the rights of the child and the 
 44.19  parents under the order or decree or any substantial amendment 
 44.20  to it.  Each parent shall present the child for exchanges at 
 44.21  such times as the court directs. 
 44.22     Subd. 4.  [REMOVAL OF CHILD.] A parent shall not move the 
 44.23  residence of the child to another state except upon order of the 
 44.24  court or with the consent of the other parent, if the other 
 44.25  parent has been given parenting obligations or a parenting 
 44.26  schedule by court order.  
 44.27     The court shall consider the following factors in 
 44.28  determining whether or not to allow the move of the residence of 
 44.29  a child to another state: 
 44.30     (1) whether the prospective move has the capacity to 
 44.31  improve the quality of life for both the parent proposing the 
 44.32  move and the child; 
 44.33     (2) whether the move is motivated by a desire of the parent 
 44.34  proposing the move to defeat or frustrate a relationship between 
 44.35  the child and the other parent, and whether the parent who 
 44.36  proposes to move is likely to comply with a revised parenting 
 45.1   schedule when the parent is no longer subject to the 
 45.2   jurisdiction of this state; 
 45.3      (3) the degree to which the court is satisfied that there 
 45.4   will be a realistic opportunity for a revised parenting schedule 
 45.5   that will provide an adequate basis for preserving and fostering 
 45.6   the parental relationship with the parent who opposes removal; 
 45.7      (4) the existence of domestic violence between the parents; 
 45.8      (5) any history of unwarranted denial of scheduled 
 45.9   parenting time by the parent proposing to remove the child; 
 45.10     (6) whether the parent who opposes the move has exercised 
 45.11  rights and complied with duties under the existing parenting 
 45.12  schedule; and 
 45.13     (7) the child's relationship with extended family members. 
 45.14     If the court permits the move, the court shall also order a 
 45.15  revised parenting schedule, and shall address arrangements for 
 45.16  exchange and transportation of the children and increased costs 
 45.17  associated with the new parenting schedule by allocation between 
 45.18  the parents or by adjusting child support. 
 45.19     Subd. 5.  [SUPERVISED OR SUSPENDED PARENTING.] Except as 
 45.20  provided in section 631.52, the court may not suspend a parent's 
 45.21  participation in a parenting schedule or provide for supervised 
 45.22  parenting unless it finds that: 
 45.23     (1) the parent's participation is likely to endanger the 
 45.24  child's physical or emotional health or impair the child's 
 45.25  emotional development; or 
 45.26     (2) a parent has chronically and unreasonably failed to 
 45.27  comply with a court-ordered parenting schedule. 
 45.28     If a parent makes specific allegations that the parenting 
 45.29  schedule or the conduct of the other parent places a parent or 
 45.30  child in danger of harm, the court shall hold a hearing at the 
 45.31  earliest possible time to determine the need to modify the order 
 45.32  establishing the parenting plan.  Consistent with subdivision 1, 
 45.33  paragraph (a), the court may require a third party, including 
 45.34  the local social services agency, to supervise participation in 
 45.35  the parenting schedule or may restrict a parent's participation 
 45.36  in the parenting schedule if necessary to protect the other 
 46.1   parent or the child from harm. 
 46.2      Subd. 6.  [REMEDIES.] (a) The court may provide for one or 
 46.3   more of the following remedies for denial of or interference 
 46.4   with a court-ordered parenting schedule as provided under this 
 46.5   subdivision.  All parenting orders must include notice of the 
 46.6   provisions of this subdivision. 
 46.7      (b) If the court finds that a person has been deprived of 
 46.8   time with a child under a court-ordered parenting plan, the 
 46.9   court shall order the other parent to permit additional time to 
 46.10  compensate for the lost time or the court shall make specific 
 46.11  findings as to why a request for compensatory time is denied.  
 46.12  If compensatory time is awarded, it must be: 
 46.13     (1) at least of the same type and duration as the deprived 
 46.14  parenting time and, at the discretion of the court, may be in 
 46.15  excess of or of a different type than the deprived parenting 
 46.16  time; 
 46.17     (2) taken within one year after the deprived parenting 
 46.18  time; and 
 46.19     (3) at a time acceptable to the person deprived of time 
 46.20  with the child under the plan. 
 46.21     (c) If the court finds that a party has wrongfully failed 
 46.22  to comply with a parenting plan or a binding agreement or 
 46.23  decision under section 518D.16, the court may: 
 46.24     (1) impose a civil penalty of up to $500 on the party; 
 46.25     (2) require the party to post a bond with the court for a 
 46.26  specified period of time to secure the party's compliance; 
 46.27     (3) award reasonable attorney's fees and costs; 
 46.28     (4) require the party who violated the parenting schedule 
 46.29  or binding agreement or decision of the family dispute mediator 
 46.30  to reimburse the other party for costs incurred as a result of 
 46.31  the violation of the order or agreement or decision; or 
 46.32     (5) award any other remedy that the court finds to be in 
 46.33  the best interests of the child. 
 46.34     A civil penalty imposed under this paragraph must be 
 46.35  deposited in the county general fund and must be used to fund 
 46.36  the costs of a family dispute mediator program in a county with 
 47.1   this program.  In other counties, the civil penalty must be 
 47.2   deposited in the state general fund. 
 47.3      (d) If the court finds that a party has been denied 
 47.4   parenting time with a child by the other parent and has incurred 
 47.5   expenses in connection with the denial, the court may require 
 47.6   the party who denied the parenting time to post a bond in favor 
 47.7   of the other party in the amount of prepaid expenses associated 
 47.8   with an upcoming planned exchange of the child. 
 47.9      (e) Proof of an unwarranted denial of or interference with 
 47.10  a duly established parenting plan may constitute contempt of 
 47.11  court and may be sufficient cause for a modification under 
 47.12  section 518D.20. 
 47.13     Subd. 7.  [GRANDPARENT VISITATION.] In all proceedings for 
 47.14  dissolution or legal separation, after the commencement of the 
 47.15  proceedings or at any time after completion of the proceedings, 
 47.16  and continuing during the minority of the child, the court may 
 47.17  make an order granting visitation rights to grandparents under 
 47.18  section 257.022, subdivision 2. 
 47.19     Subd. 8.  [CHILD CARE.] The court may allow additional time 
 47.20  to a parent to provide child care while the other parent is 
 47.21  working if this arrangement is reasonable and in the best 
 47.22  interests of the child, as defined in section 518.17, 
 47.23  subdivision 1.  In addition, the court shall consider: 
 47.24     (1) the ability of the parents to cooperate; 
 47.25     (2) methods for resolving disputes regarding the care of 
 47.26  the child, and the parents' willingness to use those methods; 
 47.27  and 
 47.28     (3) whether domestic abuse, as defined in section 518B.01, 
 47.29  has occurred between the parties. 
 47.30     Sec. 16.  [518D.16] [PARENTING SCHEDULE; DISPUTE 
 47.31  RESOLUTION; FAMILY DISPUTE MEDIATORS.] 
 47.32     Subdivision 1.  [FAMILY DISPUTE MEDIATOR.] On request of 
 47.33  either party, the parties' stipulation, or upon the court's own 
 47.34  motion, the court may appoint a family dispute mediator to 
 47.35  resolve disputes regarding a parenting schedule that occur under 
 47.36  a court-ordered parenting schedule while a matter is pending 
 48.1   under this chapter or after a decree is entered.  
 48.2      Subd. 2.  [EXCEPTIONS.] A party may not be required to 
 48.3   refer a parenting schedule dispute to a family dispute mediator 
 48.4   under this section if: 
 48.5      (1) one of the parties claims to be the victim of domestic 
 48.6   abuse by the other party; 
 48.7      (2) the court determines there is probable cause that one 
 48.8   of the parties or a child of the parties has been physically 
 48.9   abused or threatened with physical abuse by the other party; or 
 48.10     (3) the party is unable to pay the costs of the family 
 48.11  dispute mediator, as provided under subdivision 5. 
 48.12     If the court is satisfied that the parties have been 
 48.13  advised by counsel and have agreed to use the family dispute 
 48.14  mediator process and the process does not involve face-to-face 
 48.15  meeting of the parties, the court may direct that the family 
 48.16  dispute mediator process be used. 
 48.17     Subd. 3.  [PURPOSE; DEFINITIONS.] (a) The purpose of a 
 48.18  family dispute mediator is to resolve parenting schedule 
 48.19  disputes by enforcing, interpreting, clarifying, and addressing 
 48.20  circumstances not specifically addressed by an existing 
 48.21  court-ordered parenting schedule and, if appropriate, to make a 
 48.22  determination as to whether the existing court-ordered parenting 
 48.23  schedule has been violated.  A family dispute mediator may, at 
 48.24  the request of either or both parties, make adjustments in the 
 48.25  parenting schedule that do not significantly diminish or 
 48.26  increase the contact between the child and either parent.  A 
 48.27  family dispute mediator may be appointed to resolve a one-time 
 48.28  parenting schedule dispute or to provide ongoing dispute 
 48.29  resolution services regarding a parenting schedule. 
 48.30     (b) For purposes of this section, "parenting schedule 
 48.31  dispute" means a disagreement between parties about departures 
 48.32  from an existing parenting schedule, including a dispute about 
 48.33  anticipated noncompliance, or disagreements about whether and 
 48.34  how to make minor adjustments to the schedule.  "Parenting 
 48.35  schedule dispute" includes a claim by a parent that the other 
 48.36  parent is not participating in a parenting schedule with a child 
 49.1   and a claim by a parent that the other parent is denying or 
 49.2   interfering with participation in a parenting schedule. 
 49.3      (c) A "family dispute mediator" is a neutral person 
 49.4   authorized to use a mediation-arbitration process to resolve 
 49.5   parenting schedule disputes.  A family dispute mediator shall 
 49.6   attempt to resolve a parenting schedule dispute by facilitating 
 49.7   negotiations between the parties to promote settlement and, if 
 49.8   it becomes apparent that the dispute cannot be resolved by an 
 49.9   agreement of the parties, the family dispute mediator shall make 
 49.10  a decision resolving the dispute. 
 49.11     Subd. 4.  [APPOINTMENT.] (a) The parties may stipulate to 
 49.12  the appointment of a family dispute mediator or a team of two 
 49.13  family dispute mediators without appearing in court by 
 49.14  submitting to the court a written agreement identifying the 
 49.15  names of the individuals to be appointed by the court; the 
 49.16  nature of the dispute; the responsibilities of the family 
 49.17  dispute mediator, including whether the family dispute mediator 
 49.18  is appointed to resolve a specific issue or on an ongoing basis; 
 49.19  the term of the appointment; and the apportionment of fees and 
 49.20  costs.  The court shall review the agreement of the parties.  
 49.21     (b) If the parties cannot agree on a family dispute 
 49.22  mediator, the court shall provide to the parties a copy of the 
 49.23  court administrator's roster of family dispute mediators and 
 49.24  require the parties to exchange the names of three potential 
 49.25  family dispute mediators by a specific date.  If after 
 49.26  exchanging names the parties are unable to agree upon a family 
 49.27  dispute mediator, the court shall select the family dispute 
 49.28  mediator and, in its discretion, may appoint one family dispute 
 49.29  mediator or a team of two family dispute mediators.  In the 
 49.30  selection process the court must give consideration to the 
 49.31  financial circumstances of the parties and the fees of those 
 49.32  being considered as family dispute mediators.  Preference must 
 49.33  be given to persons who agree to volunteer their services or who 
 49.34  will charge a variable fee for services based on the ability of 
 49.35  the parties to pay for them.  
 49.36     (c) An order appointing a family dispute mediator must 
 50.1   identify the name of the individual to be appointed, the nature 
 50.2   of the dispute, the responsibilities of the family dispute 
 50.3   mediator including whether the family dispute mediator is 
 50.4   appointed to resolve a specific issue or on an ongoing basis, 
 50.5   the term of the appointment, the apportionment of fees, and 
 50.6   notice that if the parties are unable to reach an agreement with 
 50.7   the assistance of the family dispute mediator, the family 
 50.8   dispute mediator is authorized to make a decision resolving the 
 50.9   dispute which is binding upon the parties unless modified or 
 50.10  vacated by the court. 
 50.11     Subd. 5.  [FEES.] Prior to appointing the family dispute 
 50.12  mediator, the court shall give the parties notice that the fees 
 50.13  of the family dispute mediator will be apportioned between the 
 50.14  parties.  In its order appointing the family dispute mediator, 
 50.15  the court shall apportion the fees of the family dispute 
 50.16  mediator between the parties, with each party bearing the 
 50.17  portion of fees that the court determines is just and equitable 
 50.18  under the circumstances.  If a party files a pro se motion 
 50.19  regarding a parenting schedule dispute and there is not a court 
 50.20  order that provides for apportionment of the fees of a family 
 50.21  dispute mediator, the court administrator may require the party 
 50.22  requesting the appointment of a family dispute mediator to pay 
 50.23  the fees of the family dispute mediator in advance.  Neither 
 50.24  party may be required to submit a dispute to a family dispute 
 50.25  mediator if the party cannot afford to pay for the fees of a 
 50.26  family dispute mediator and an affordable family dispute 
 50.27  mediator is not available, unless the other party agrees to pay 
 50.28  the fees.  After fees are incurred, a party may by motion 
 50.29  request that the fees be reapportioned on equitable grounds.  
 50.30  The court may consider the resources of the parties, the nature 
 50.31  of the dispute, and whether a party acted in bad faith.  The 
 50.32  court may consider information from the family dispute mediator 
 50.33  in determining bad faith. 
 50.34     Subd. 6.  [ROSTER OF FAMILY DISPUTE MEDIATORS.] Each court 
 50.35  administrator shall maintain and make available to the public 
 50.36  and judicial officers a roster of individuals available to serve 
 51.1   as family dispute mediators, including each individual's name, 
 51.2   address, telephone number, and fee charged, if any.  A court 
 51.3   administrator shall not place on the roster the name of an 
 51.4   individual who has not completed the training required in 
 51.5   subdivision 7.  If the use of a family dispute mediator is 
 51.6   initiated by stipulation of the parties, the parties may agree 
 51.7   upon a person to serve as a family dispute mediator even if that 
 51.8   person has not completed the training described in subdivision 
 51.9   7.  The court may appoint a person to serve as a family dispute 
 51.10  mediator even if the person is not on the court administrator's 
 51.11  roster, but may not appoint a person who has not completed the 
 51.12  training described in subdivision 7, unless so stipulated by the 
 51.13  parties.  To maintain one's listing on a court administrator's 
 51.14  roster of family dispute mediators, an individual shall annually 
 51.15  submit to the court administrator proof of completion of 
 51.16  continuing education requirements. 
 51.17     Subd. 7.  [TRAINING AND CONTINUING EDUCATION REQUIREMENTS.] 
 51.18  To qualify for listing on a court administrator's roster of 
 51.19  family dispute mediators, an individual shall complete a minimum 
 51.20  of 40 hours of family mediation training that has been certified 
 51.21  by the Minnesota supreme court, which must include certified 
 51.22  training in domestic abuse issues as required under Rule 114 of 
 51.23  the Minnesota General Rules of Practice for the district 
 51.24  courts.  To maintain one's listing on a court administrator's 
 51.25  roster of family dispute mediators, an individual shall annually 
 51.26  attend three hours of continuing education about alternative 
 51.27  dispute resolution subjects.  
 51.28     Subd. 8.  [AGREEMENT OR DECISION.] (a) Within five days of 
 51.29  notice of the appointment, or within five days of notice of a 
 51.30  subsequent parenting schedule dispute between the same parties, 
 51.31  the family dispute mediator shall meet with the parties together 
 51.32  or separately and shall make a diligent effort to facilitate an 
 51.33  agreement to resolve the parenting schedule dispute.  If a 
 51.34  parenting schedule dispute requires immediate resolution, the 
 51.35  family dispute mediator may confer with the parties through a 
 51.36  telephone conference or similar means.  A family dispute 
 52.1   mediator may make a decision without conferring with a party if 
 52.2   the family dispute mediator made a good faith effort to confer 
 52.3   with the party, but the party chose not to participate in 
 52.4   resolution of the dispute. 
 52.5      (b) If the parties do not reach an agreement, the family 
 52.6   dispute mediator shall make a decision resolving the dispute as 
 52.7   soon as possible but not later than five days after receiving 
 52.8   all information necessary to make a decision and after the final 
 52.9   meeting or conference with the parties.  The family dispute 
 52.10  mediator is authorized to award compensatory parenting schedule 
 52.11  time under section 518D.15, subdivision 6, and may recommend to 
 52.12  the court that the noncomplying party pay attorney's fees, court 
 52.13  costs, and other costs under section 518.175, subdivision 6, 
 52.14  paragraph (d), if the court-ordered parenting schedule has not 
 52.15  been complied with.  The family dispute mediator shall not lose 
 52.16  authority to make a decision if circumstances beyond the family 
 52.17  dispute mediator's control make it impracticable to meet the 
 52.18  five-day timelines. 
 52.19     (c) Unless the parties mutually agree, the family dispute 
 52.20  mediator shall not make a decision that is inconsistent with an 
 52.21  existing court-ordered parenting schedule, except as otherwise 
 52.22  provided by this section, and except that the family dispute 
 52.23  mediator may make decisions interpreting or clarifying the 
 52.24  parenting schedule, including the development of a specific 
 52.25  schedule when the existing court order grants "reasonable 
 52.26  visitation."  
 52.27     (d) The family dispute mediator shall put an agreement or 
 52.28  decision in writing and provide a copy to the parties.  The 
 52.29  family dispute mediator may include or omit reasons for the 
 52.30  agreement or decision.  An agreement of the parties or a 
 52.31  decision of the family dispute mediator is binding on the 
 52.32  parties unless vacated or modified by the court.  If a party 
 52.33  does not comply with an agreement of the parties or a decision 
 52.34  of the family dispute mediator, any party may bring a motion 
 52.35  with the court and shall attach a copy of the parties' written 
 52.36  agreement or the decision of the family dispute mediator.  The 
 53.1   court may enforce, modify, or vacate the agreement of the 
 53.2   parties or the decision of the family dispute mediator. 
 53.3      Subd. 9.  [OTHER AGREEMENTS.] This section does not 
 53.4   preclude the parties from voluntarily agreeing to submit their 
 53.5   parenting schedule dispute to a neutral third party or from 
 53.6   otherwise resolving parenting schedule disputes on a voluntary 
 53.7   basis. 
 53.8      Subd. 10.  [CONFIDENTIALITY.] (a) Statements made and 
 53.9   documents produced as part of the family dispute mediator 
 53.10  process which are not otherwise discoverable are not subject to 
 53.11  discovery or other disclosure and are not admissible into 
 53.12  evidence for any purpose at trial or in any other proceeding, 
 53.13  including impeachment. 
 53.14     (b) Sworn testimony may be used in subsequent proceedings 
 53.15  for any purpose for which it is admissible under the rules of 
 53.16  evidence.  Family dispute mediators, and lawyers for the parties 
 53.17  to the extent of their participation in the family dispute 
 53.18  mediator process, must not be subpoenaed or called as witnesses 
 53.19  in court proceedings. 
 53.20     (c) Notes, records, and recollections of family dispute 
 53.21  mediators are confidential and must not be disclosed to the 
 53.22  parties, the public, or anyone other than the family dispute 
 53.23  mediator unless:  
 53.24     (1) all parties and the family dispute mediator agree in 
 53.25  writing to the disclosure; or 
 53.26     (2) disclosure is required by law or applicable 
 53.27  professional codes. 
 53.28     Notes and records of family dispute mediators must not be 
 53.29  disclosed to the court unless after a hearing the court 
 53.30  determines that the notes or records should be reviewed in 
 53.31  camera.  Those notes or records must not be released by the 
 53.32  court unless it determines that they disclose information 
 53.33  showing violation of the criminal law of the state. 
 53.34     Subd. 11.  [IMMUNITY.] A family dispute mediator is immune 
 53.35  from civil liability for actions taken or not taken when acting 
 53.36  under this section. 
 54.1      Subd. 12.  [REMOVAL.] If a family dispute mediator 
 54.2   coordinator has been appointed on a long-term basis, a party or 
 54.3   the family dispute mediator may file a motion seeking to have 
 54.4   the family dispute mediator removed for good cause shown. 
 54.5      Subd. 13.  [MANDATORY PARENTING SCHEDULE DISPUTE 
 54.6   RESOLUTION.] Subject to subdivision 2, a judicial district may 
 54.7   establish a mandatory parenting schedule dispute resolution 
 54.8   program as provided in this subdivision.  In a district where a 
 54.9   program has been established, parties may be required to submit 
 54.10  parenting schedule disputes to a family dispute mediator as a 
 54.11  prerequisite to a motion on the dispute being heard by the 
 54.12  court, or either party may submit the dispute to a family 
 54.13  dispute mediator.  A party may file a motion with the court for 
 54.14  purposes of obtaining a court date, if necessary, but a hearing 
 54.15  may not be held until resolution of the dispute with the family 
 54.16  dispute mediator.  The appointment of a family dispute mediator 
 54.17  must be in accordance with subdivision 4.  Family dispute 
 54.18  mediator fees must be paid in accordance with subdivision 5. 
 54.19     Sec. 17.  [518D.17] [JUDICIAL SUPERVISION.] 
 54.20     Subdivision 1.  [PARENTAL COOPERATION.] Each parent shall 
 54.21  separately determine the child's upbringing, including 
 54.22  education, health care, and religious training, unless: 
 54.23     (1) the parties agree otherwise in writing at the time of 
 54.24  the parenting plan; or 
 54.25     (2) the court, after hearing, finds, upon motion by one of 
 54.26  the parents, that in the absence of a specific limitation of the 
 54.27  other parent's decision making under the terms of the parenting 
 54.28  plan, the child's physical or emotional health is likely to be 
 54.29  endangered or the child's emotional development impaired. 
 54.30     Subd. 2.  [CONTINUING SUPERVISION.] If both parents or all 
 54.31  contestants agree to the order, or if the court finds that in 
 54.32  the absence of the order the child's physical or emotional 
 54.33  health is likely to be endangered or the child's emotional 
 54.34  development impaired, the court may order the local social 
 54.35  services agency or the department of court services to exercise 
 54.36  continuing supervision over the case under guidelines 
 55.1   established by the court to assure that the terms of the 
 55.2   parenting plan are carried out. 
 55.3      Sec. 18.  [518D.18] [NOTIFICATION REGARDING DEPRIVATION OF 
 55.4   PARENTAL RIGHTS LAW.] 
 55.5      Every court order and judgment and decree concerning 
 55.6   parenting plans for a minor child shall contain the notice set 
 55.7   out in section 518D.26, subdivision 2.  
 55.8      Sec. 19.  [518D.19] [PERSONS WITH CERTAIN CONVICTIONS.] 
 55.9      Notwithstanding any contrary provision in section 518D.14, 
 55.10  518D.15, or 518D.16, if a person seeking participation in a 
 55.11  parenting plan has been convicted of a crime described in 
 55.12  section 518.179, subdivision 2, the person seeking participation 
 55.13  has the burden to prove that participation by that person is in 
 55.14  the best interests of the child if: 
 55.15     (1) the conviction occurred within the preceding five 
 55.16  years; 
 55.17     (2) the person is currently incarcerated, on probation, or 
 55.18  under supervised release for the offense; or 
 55.19     (3) the victim of the crime was a family or household 
 55.20  member as defined in section 518B.01, subdivision 2. 
 55.21     If this section applies, the court may not grant 
 55.22  participation in a parenting plan to the person unless it finds 
 55.23  that participation is in the best interests of the child.  If 
 55.24  the victim of the crime was a family or household member, the 
 55.25  standard of proof is clear and convincing evidence.  A guardian 
 55.26  ad litem must be appointed in any case where this section 
 55.27  applies.  
 55.28     Sec. 20.  [518D.20] [MODIFICATION.] 
 55.29     (a) The terms of a parenting plan dealing with parental 
 55.30  decisions making residential arrangements for a child may be 
 55.31  modified as follows: 
 55.32     (1) on the grounds provided under section 518.18 for 
 55.33  modification of a custody order; 
 55.34     (2) if for a period of three months or longer there has 
 55.35  been a pattern of persistent and willful denial of or 
 55.36  interference with, or under-utilization of, a parenting schedule 
 56.1   and it would be in the best interests of the child, as defined 
 56.2   in section 518D.13 to modify the parenting plan; or 
 56.3      (3) the parenting plan provides for application of a 
 56.4   different standard for modification. 
 56.5      In a case that does not meet the requirements for 
 56.6   modification under clause (2), the remedies of section 518D.15, 
 56.7   subdivision 6, apply. 
 56.8      (b) The terms of a parenting plan dealing with parenting 
 56.9   schedule issues other than the child's residence may be modified 
 56.10  based on a change of circumstances so that it would be in the 
 56.11  child's best interests to make adjustments in the parenting 
 56.12  schedule. 
 56.13     Sec. 21.  [518D.21] [AFFIDAVIT PRACTICE.] 
 56.14     A party seeking a temporary parenting plan or modification 
 56.15  of a parenting plan shall submit together with moving papers an 
 56.16  affidavit setting forth facts supporting the requested order or 
 56.17  modification and shall give notice, together with a copy of the 
 56.18  affidavit, to other parties to the proceeding, who may file 
 56.19  opposing affidavits. 
 56.20     Sec. 22.  [518D.22] [EXPENSE SHARING.] 
 56.21     Subdivision 1.  [REQUIREMENTS.] A parenting plan in itself 
 56.22  is not grounds for deviating from the child support guidelines 
 56.23  in section 518.551, subdivision 5.  However, it is grounds to 
 56.24  deviate from the guidelines if parents agree to share expenses 
 56.25  and the court finds the agreement is in the child's best 
 56.26  interests, or if in any other circumstances, the court finds 
 56.27  that expense sharing would be in the child's best interests.  
 56.28  The court must also find that the parents are able to cooperate 
 56.29  and that the agreement would be enforceable.  The court shall 
 56.30  not order or approve expense sharing if:  
 56.31     (1) the agreement to share expenses or the proposed 
 56.32  deviation from the guidelines would result in insufficient funds 
 56.33  in the obligee's household to meet the child's basic needs.  The 
 56.34  court must make findings as to how the child's basic needs would 
 56.35  be met under an expense-sharing agreement; or 
 56.36     (2) the child receives public assistance. 
 57.1      Subd. 2.  [DISCONTINUANCE.] A party may move to end an 
 57.2   expense-sharing arrangement as provided by this subdivision.  If 
 57.3   the court determines that a shared expense arrangement is 
 57.4   unenforceable or the court is unable to reduce to a sum certain 
 57.5   for collection as arrears an unmet obligation under such an 
 57.6   arrangement, the court shall discontinue the expense-sharing 
 57.7   arrangement and modify the support order accordingly as needed.  
 57.8      Sec. 23.  [518D.23] [ACTING PARENT; SUPPORT.] 
 57.9      If a child resides with a person other than a parent with 
 57.10  court approval, the court may order child support payments to be 
 57.11  made to the acting parent. 
 57.12     Sec. 24.  [518D.24] [EFFECT OF MODIFICATION OF SUPPORT.] 
 57.13     Modification of a child support order under section 518.68 
 57.14  is not grounds to modify a parenting plan entered under this 
 57.15  chapter. 
 57.16     Sec. 25.  [518D.25] [MEDIATION.] 
 57.17     Subdivision 1.  [MEDIATION PROCEEDING.] Except as provided 
 57.18  in subdivision 2, if it appears on the face of the petition or 
 57.19  other application for an order or modification of an order for a 
 57.20  parenting plan for a child that the parenting plan is contested 
 57.21  or that any issue pertinent to a parenting plan is unresolved, 
 57.22  the matter may be set for mediation of the contested issue prior 
 57.23  to, concurrent with, or subsequent to the setting of the matter 
 57.24  for hearing.  The purpose of the mediation proceeding is to 
 57.25  reduce acrimony which may exist between the parties and to 
 57.26  develop an agreement that is supportive of the child's best 
 57.27  interests.  The mediator shall use best efforts to effect a 
 57.28  settlement of the parenting dispute, but shall have no coercive 
 57.29  authority. 
 57.30     Subd. 2.  [EXCEPTION.] If the court determines that there 
 57.31  is probable cause that one of the parties, or a child of a 
 57.32  party, has been physically or sexually abused by the other 
 57.33  party, the court shall not require or refer the parties to 
 57.34  mediation or any other process that requires parties to meet and 
 57.35  confer without counsel, if any, present. 
 57.36     Subd. 3.  [RECORDS; PRIVATE DATA.] Mediation proceedings 
 58.1   shall be conducted in private.  All records of a mediation 
 58.2   proceeding shall be private and not available as evidence in an 
 58.3   action for marriage dissolution and related proceedings on any 
 58.4   issue in controversy in the dissolution.  
 58.5      Subd. 4.  [MEDIATOR RECOMMENDATIONS.] When the parties have 
 58.6   not reached agreement as a result of the mediation proceeding, 
 58.7   the mediator may recommend to the court that an investigation be 
 58.8   conducted under section 518.167, or that other action be taken 
 58.9   to assist the parties to resolve the controversy before hearing 
 58.10  on the issues.  The mediator may not conduct the investigation 
 58.11  or evaluation unless:  (1) the parties agree in writing, 
 58.12  executed after the termination of mediation, that the mediator 
 58.13  may conduct the investigation or evaluation; or (2) there is no 
 58.14  other person reasonably available to conduct the investigation 
 58.15  or evaluation.  The mediator may recommend that mutual 
 58.16  restraining orders be issued in appropriate cases, pending 
 58.17  determination of the controversy, to protect the well-being of 
 58.18  the children involved in the controversy. 
 58.19     Subd. 5.  [MEDIATION AGREEMENT.] An agreement reached by 
 58.20  the parties as a result of mediation shall be discussed by the 
 58.21  parties with their attorneys, if any, and the approved agreement 
 58.22  may then be included in the marital dissolution decree or other 
 58.23  stipulation submitted to the court.  An agreement reached by the 
 58.24  parties as a result of mediation may not be presented to the 
 58.25  court nor made enforceable unless the parties and their counsel, 
 58.26  if any, consent to its presentation to the court, and the court 
 58.27  adopts the agreement. 
 58.28     Subd. 6.  [MEDIATOR APPOINTMENT.] In order to participate 
 58.29  in a custody mediation, a mediator must be appointed by the 
 58.30  family court.  A mediator must be a member of the professional 
 58.31  staff of a family court, probation department, mental health 
 58.32  services agency, or a private mediation service.  The mediator 
 58.33  must be on a list of mediators approved by the court having 
 58.34  jurisdiction of the matter, unless the parties stipulate to a 
 58.35  mediator not on the list.  
 58.36     Subd. 7.  [MEDIATOR QUALIFICATIONS.] A mediator who 
 59.1   performs mediation in contested child custody matters shall meet 
 59.2   the following minimum qualifications: 
 59.3      (1) knowledge of the court system and the procedures used 
 59.4   in contested child custody matters; 
 59.5      (2) knowledge of other resources in the community to which 
 59.6   the parties to contested child custody matters can be referred 
 59.7   for assistance; 
 59.8      (3) knowledge of child development, clinical issues 
 59.9   relating to children, the effects of marriage dissolution on 
 59.10  children, and child custody research; and 
 59.11     (4) a minimum of 40 hours of certified mediation training. 
 59.12     Subd. 8.  [RULES.] Each court shall adopt rules to 
 59.13  implement this section and shall compile and maintain a list of 
 59.14  mediators. 
 59.15     Sec. 26.  [518D.26] [REQUIRED NOTICES.] 
 59.16     Subdivision 1.  [REQUIREMENT.] Every court order or 
 59.17  judgment and decree that provides for child support, spousal 
 59.18  maintenance, or a parenting plan must contain certain notices as 
 59.19  set out in subdivision 2.  The information in the notices must 
 59.20  be concisely stated in plain language.  The notices must be in 
 59.21  clearly legible print, but may not exceed two pages.  An order 
 59.22  or judgment and decree without the notice remains subject to all 
 59.23  statutes.  The court may waive all or part of the notice 
 59.24  required under subdivision 2 relating to parental rights under 
 59.25  section 518D.14, if it finds it is necessary to protect the 
 59.26  welfare of a party or child. 
 59.27     Subd. 2.  [CONTENTS.] The required notices must be 
 59.28  substantially as follows: 
 59.29                         IMPORTANT NOTICE 
 59.30  1.  PAYMENTS TO PUBLIC AGENCY 
 59.31     According to Minnesota Statutes, section 518.551, 
 59.32     subdivision 1, payments ordered for maintenance and support 
 59.33     must be paid to the public agency responsible for child 
 59.34     support enforcement as long as the person entitled to 
 59.35     receive the payments is receiving or has applied for public 
 59.36     assistance or has applied for support and maintenance 
 60.1      collection services.  MAIL PAYMENTS TO: 
 60.2   2.  DEPRIVING ANOTHER OF PARENTAL RIGHTS -- A FELONY 
 60.3      A person may be charged with a felony who conceals a minor 
 60.4      child or takes, obtains, retains, or fails to return a 
 60.5      minor child from or to the child's parent (or person with 
 60.6      rights under a parenting plan), according to Minnesota 
 60.7      Statutes, section 609.26.  A copy of that section is 
 60.8      available from any district court clerk. 
 60.9   3.  RULES OF SUPPORT, MAINTENANCE, PARENTING SCHEDULE 
 60.10     (a) Payment of support or spousal maintenance is to be as 
 60.11     ordered, and the giving of gifts or making purchases of 
 60.12     food, clothing, and the like will not fulfill the 
 60.13     obligation. 
 60.14     (b) Payment of support must be made as it becomes due, and 
 60.15     failure to secure or denial of rights of visitation is NOT 
 60.16     an excuse for nonpayment, but the aggrieved party must seek 
 60.17     relief through a proper motion filed with the court. 
 60.18     (c) Nonpayment of support is not grounds to deny parenting 
 60.19     time ordered under a parenting schedule.  The party 
 60.20     entitled to receive support may apply for support and 
 60.21     collection services, file a contempt motion, or obtain a 
 60.22     judgment as provided in Minnesota Statutes, section 548.091.
 60.23     (d) The payment of support or spousal maintenance takes 
 60.24     priority over payment of debts and other obligations. 
 60.25     (e) A party who accepts additional obligations of support 
 60.26     does so with the full knowledge of the party's prior 
 60.27     obligation under this proceeding. 
 60.28     (f) Child support or maintenance is based on annual income, 
 60.29     and it is the responsibility of a person with seasonal 
 60.30     employment to budget income so that payments are made 
 60.31     throughout the year as ordered. 
 60.32     (g) If there is a layoff or a pay reduction, support may be 
 60.33     reduced as of the time of the layoff or pay reduction if a 
 60.34     motion to reduce the support is served and filed with the 
 60.35     court at that time, but any such reduction must be ordered 
 60.36     by the court.  The court is not permitted to reduce support 
 61.1      retroactively, except as provided in Minnesota Statutes, 
 61.2      section 518.64, subdivision 2, paragraph (c).  
 61.3      (h) Reasonable parenting schedule guidelines are contained 
 61.4      in Appendix B, which is available from the court 
 61.5      administrator. 
 61.6   4.  PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518D.14 
 61.7      Unless otherwise provided by the Court: 
 61.8      (a) Each party has the right of access to, and to receive 
 61.9      copies of, school, medical, dental, religious training, and 
 61.10     other important records and information about the minor 
 61.11     children.  Each party has the right of access to 
 61.12     information regarding health or dental insurance available 
 61.13     to the minor children.  Presentation of a copy of this 
 61.14     order to the custodian of a record or other information 
 61.15     about the minor children constitutes sufficient 
 61.16     authorization for the release of the record or information 
 61.17     to the requesting party. 
 61.18     (b) Each party shall keep the other informed as to the name 
 61.19     and address of the school of attendance of the minor 
 61.20     children.  Each party has the right to be informed by 
 61.21     school officials about the children's welfare, educational 
 61.22     progress and status, and to attend school and parent 
 61.23     teacher conferences.  The school is not required to hold a 
 61.24     separate conference for each party. 
 61.25     (c) In case of an accident or serious illness of a minor 
 61.26     child, each party shall notify the other party of the 
 61.27     accident or illness, and the name of the health care 
 61.28     provider and the place of treatment. 
 61.29     (d) Each party has the right of reasonable access and 
 61.30     telephone contact with the minor children. 
 61.31  5.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
 61.32     Child support and/or spousal maintenance may be withheld 
 61.33     from income, with or without notice to the person obligated 
 61.34     to pay, when the conditions of Minnesota Statutes, section 
 61.35     518.6111, have been met.  A copy of those sections is 
 61.36     available from any district court clerk. 
 62.1   6.  CHANGE OF ADDRESS OR RESIDENCE 
 62.2      Unless otherwise ordered, each party shall notify the other 
 62.3      party, the court, and the public authority responsible for 
 62.4      collection, if applicable, of the following information 
 62.5      within ten days of any change:  the residential and mailing 
 62.6      address, telephone number, driver's license number, social 
 62.7      security number, and name, address, and telephone number of 
 62.8      the employer. 
 62.9   7.  COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 
 62.10     Child support and/or spousal maintenance may be adjusted 
 62.11     every two years based upon a change in the cost of living 
 62.12     (using Department of Labor Consumer Price Index .........., 
 62.13     unless otherwise specified in this order) when the 
 62.14     conditions of Minnesota Statutes, section 518.641, are met. 
 62.15     Cost-of-living increases are compounded.  A copy of 
 62.16     Minnesota Statutes, section 518.641, and forms necessary to 
 62.17     request or contest a cost-of-living increase are available 
 62.18     from any district court clerk. 
 62.19  8.  JUDGMENTS FOR UNPAID SUPPORT 
 62.20     If a person fails to make a child support payment, the 
 62.21     payment owed becomes a judgment against the person 
 62.22     responsible to make the payment by operation of law on or 
 62.23     after the date the payment is due, and the person entitled 
 62.24     to receive the payment or the public agency may obtain 
 62.25     entry and docketing of the judgment WITHOUT NOTICE to the 
 62.26     person responsible to make the payment under Minnesota 
 62.27     Statutes, section 548.091.  Interest begins to accrue on a 
 62.28     payment or installment of child support whenever the unpaid 
 62.29     amount due is greater than the current support due, 
 62.30     according to Minnesota Statutes, section 548.091, 
 62.31     subdivision 1a.  
 62.32  9.  JUDGMENTS FOR UNPAID MAINTENANCE 
 62.33     A judgment for unpaid spousal maintenance may be entered 
 62.34     when the conditions of Minnesota Statutes, section 548.091, 
 62.35     are met.  A copy of that section is available from any 
 62.36     district court clerk. 
 63.1   10.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
 63.2   SUPPORT 
 63.3      A judgment for attorney fees and other collection costs 
 63.4      incurred in enforcing a child support order will be entered 
 63.5      against the person responsible to pay support when the 
 63.6      conditions of section 518.14, subdivision 2, are met.  A 
 63.7      copy of section 518.14 and forms necessary to request or 
 63.8      contest these attorney fees and collection costs are 
 63.9      available from any district court clerk. 
 63.10  11.  FAMILY DISPUTE MEDIATOR 
 63.11     On request of either party or on its own motion, the court 
 63.12     may appoint a family dispute mediator to resolve parenting 
 63.13     schedule disputes under Minnesota Statutes, section 
 63.14     518D.16.  A copy of that section and a description of the 
 63.15     process is available from any district court clerk. 
 63.16  12.  PARENTING SCHEDULE REMEDIES AND PENALTIES 
 63.17     Remedies and penalties for wrongful interference with a 
 63.18     parenting schedule are available under Minnesota Statutes, 
 63.19     section 518D.15, subdivision 6.  These include compensatory 
 63.20     parenting time, civil penalties, bond requirements, 
 63.21     contempt, and modification of a parenting plan.  A copy of 
 63.22     that subdivision and forms for requesting relief are 
 63.23     available from any district court clerk. 
 63.24     Subd. 3.  [COPIES OF LAW AND FORMS.] The district court 
 63.25  administrator shall make available at no charge copies of the 
 63.26  sections referred to in subdivision 2, and shall provide forms 
 63.27  to request or contest attorney fees and collection costs or a 
 63.28  cost-of-living increase under section 518.14, subdivision 2, or 
 63.29  518.641.  
 63.30     Sec. 27.  [518D.27] [RELATIONSHIP TO OTHER LAWS.] 
 63.31     Subdivision 1.  [DATA PRACTICES.] Court services data 
 63.32  related to a parenting plan are classified as private data as 
 63.33  defined in section 13.02, subdivision 12. 
 63.34     Subd. 2.  [PARENTAGE.] (a) The summons in a parentage 
 63.35  proceeding under sections 257.51 to 257.74 in a judicial 
 63.36  district where this chapter applies shall contain the following 
 64.1   notice: 
 64.2      If you want to have a relationship with the child other 
 64.3      than paying support, you must appear at the court services 
 64.4      office (address) one business day before your paternity 
 64.5      hearing date to discuss a parenting plan. 
 64.6      (b) A parenting plan may be entered if paternity is 
 64.7   established under sections 257.51 to 257.74; has been 
 64.8   acknowledged under section 257.34; or has been recognized under 
 64.9   section 257.75.  A plan may be developed in a separate 
 64.10  proceeding under section 518D.15 and may not be combined with 
 64.11  any proceeding under chapter 518B. 
 64.12     Subd. 3.  [DESIGNATED CAREGIVER.] A designated caregiver 
 64.13  agreement under chapter 257A must be executed by both parents 
 64.14  who are parties to a parenting plan; except if the child resides 
 64.15  a majority of the time with one parent, that parent may execute 
 64.16  an agreement alone.  Both parents who are parties to a parenting 
 64.17  plan must give consent to a designated caregiver agreement, in 
 64.18  the manner provided by section 257A.01, subdivision 2. 
 64.19     The agreement becomes operative when the parent or parents 
 64.20  who executed it are unable to care for the child.  Upon assuming 
 64.21  care of a child, a designated caregiver shall notify any parent 
 64.22  who is a party to a parenting plan for that child.  Parenting 
 64.23  schedule provisions remain in effect while a child is in the 
 64.24  care of a designated caregiver, unless modified by the court.  A 
 64.25  parent with parenting obligations under a parenting plan who is 
 64.26  not the designated caregiver may bring a motion for the child to 
 64.27  reside with that parent until the other parent is able to resume 
 64.28  care of the child. 
 64.29     Subd. 4.  [DISPUTE RESOLUTION GUIDELINES.] Guidelines under 
 64.30  chapter 494 shall not exclude matters submitted to a family 
 64.31  dispute mediator under section 518D.16. 
 64.32     Subd. 5.  [ORDER FOR PROTECTION.] A parenting plan shall 
 64.33  not be entered in a proceeding under chapter 518B. 
 64.34                             ARTICLE 3
 64.35                          OTHER PROVISIONS
 64.36     Section 1.  Minnesota Statutes 1997 Supplement, section 
 65.1   259.52, subdivision 1, is amended to read: 
 65.2      Subdivision 1.  [ESTABLISHMENT OF REGISTRY; PURPOSE; FEES.] 
 65.3   (a) The commissioner of health shall establish a putative 
 65.4   fathers' adoption registry for the purpose of determining the 
 65.5   identity and location of a putative father interested in a minor 
 65.6   child who is, or is expected to be, the subject of an adoption 
 65.7   proceeding, in order to provide notice of the adoption 
 65.8   proceeding to the putative father who is not otherwise entitled 
 65.9   to notice under section 259.49, subdivision 1, paragraph (a) or 
 65.10  (b), clauses (1) to (7).  The commissioner of health may 
 65.11  establish informational material and public service 
 65.12  announcements necessary to implement this section.  Any 
 65.13  limitation on a putative father's right to assert an interest in 
 65.14  the child as provided in this section applies only in adoption 
 65.15  proceedings and only to those putative fathers not entitled to 
 65.16  notice and consent under sections 259.24 and 259.49, subdivision 
 65.17  1, paragraph (a) or (b), clauses (1) to (7).  The commissioner 
 65.18  of health has no independent obligation to gather or update the 
 65.19  information to be maintained on the registry.  It is the 
 65.20  registrant's responsibility to update his personal information 
 65.21  on the registry.  
 65.22     (b) The putative fathers' adoption registry must contain 
 65.23  the following information: 
 65.24     (1) with respect to the putative father, the: 
 65.25     (i) name, including any other names by which the putative 
 65.26  father may be known and that he may provide to the registry; 
 65.27     (ii) address at which he may be served with notice of a 
 65.28  petition under this chapter, including any change of address; 
 65.29     (iii) social security number, if known; 
 65.30     (iv) date of birth; and 
 65.31     (v) if applicable, a certified copy of an order by a court 
 65.32  of another state or territory of the United States adjudicating 
 65.33  the putative father to be the father of this child; 
 65.34     (2) with respect to the mother of the child: 
 65.35     (i) name, including all other names known to the putative 
 65.36  father by which the mother may be known; 
 66.1      (ii) if known to the putative father, her last address; 
 66.2      (iii) social security number, if known; and 
 66.3      (iv) date of birth; 
 66.4      (3) if known to the putative father, the name, gender, 
 66.5   place of birth, and date of birth or anticipated date of birth 
 66.6   of the child; 
 66.7      (4) the date that the commissioner of health received the 
 66.8   putative father's registration; and 
 66.9      (5) other information the commissioner of health determines 
 66.10  by rule to be necessary for the orderly administration of the 
 66.11  registry. 
 66.12     (c) The commissioner of health shall notify the mother of 
 66.13  the child whenever a putative father has registered with the 
 66.14  adoption registry under this section.  Notice shall be sent to 
 66.15  the name and address submitted by the putative father under 
 66.16  paragraph (b), clause (2).  The notice shall be mailed within 
 66.17  seven days of the date that the commissioner received the 
 66.18  putative father's adoption registry.  There shall be no charge 
 66.19  to the birth mother for this notice. 
 66.20     (d) The commissioner of health shall set reasonable fees 
 66.21  for the use of the registry; however, a putative father shall 
 66.22  not be charged a fee for registering.  Revenues generated by the 
 66.23  fee must be deposited in the state government special revenue 
 66.24  fund and appropriated to the commissioner of health to 
 66.25  administer the putative fathers' adoption registry. 
 66.26     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
 66.27  259.52, subdivision 9, is amended to read: 
 66.28     Subd. 9.  [NOTICE AND SERVICE FOR THOSE ON PUTATIVE 
 66.29  FATHERS' ADOPTION REGISTRY WHO ARE NOT OTHERWISE ENTITLED TO 
 66.30  NOTICE.] Any time after conception, an interested party, 
 66.31  including persons intending to adopt a child, a child welfare 
 66.32  agency with whom the mother has placed or has given written 
 66.33  notice of her intention to place a child for adoption, the 
 66.34  mother of a child, or any attorney representing an interested 
 66.35  party, may file with the court administrator a written request 
 66.36  that the putative fathers on the registry who have registered in 
 67.1   relation to the child be served with serve by certified mail a 
 67.2   putative fathers' adoption registry notice to registered 
 67.3   putative father, an intent to claim parental rights with entry 
 67.4   of appearance form, and a denial of paternity with entry of 
 67.5   appearance form, and a consent to adoption form pursuant to 
 67.6   subdivision 11.  These documents may be served on a putative 
 67.7   father in the same manner as a summons is served in other civil 
 67.8   proceedings, or, in lieu of personal service, service may be 
 67.9   made as follows: 
 67.10     (a) The person requesting notice shall pay to the court 
 67.11  administrator a mailing fee plus the cost of United States 
 67.12  postage for certified or registered mail and furnish to the 
 67.13  court administrator an original and one copy of the putative 
 67.14  fathers' adoption registry notice, the intent to claim parental 
 67.15  rights with entry of appearance form, and the denial of 
 67.16  paternity with entry of appearance and consent to adoption form 
 67.17  together with an affidavit setting forth the putative father's 
 67.18  last known address.  The original putative fathers' adoption 
 67.19  registry notice, the intent to claim parental rights with entry 
 67.20  of appearance form, and the denial of paternity with entry of 
 67.21  appearance and consent to adoption form must be retained by the 
 67.22  court administrator. 
 67.23     (b) The court administrator The interested party or that 
 67.24  party's attorney shall mail to the putative father, at the 
 67.25  address appearing in the affidavit provided to the registry, the 
 67.26  copy of the putative fathers' adoption registry notice to 
 67.27  registered putative father, the intent to claim parental 
 67.28  rights with entry of appearance form, and the denial of 
 67.29  paternity with entry of appearance form, and the consent to 
 67.30  adoption form by certified mail, return receipt requested.  The 
 67.31  envelope and return receipt must bear the return address of the 
 67.32  court administrator.  The receipt for certified mail must state 
 67.33  the name and address of the addressee and the date of mailing 
 67.34  and must be attached to the original notice. 
 67.35     (c) (b) The return receipt, when returned to the court 
 67.36  administrator filed with the court, must be attached to the 
 68.1   original putative fathers' adoption registry notice to 
 68.2   registered putative father, the intent to claim parental 
 68.3   rights with entry of appearance form, and the denial of 
 68.4   paternity with entry of appearance form, and the consent to 
 68.5   adoption form and constitutes proof of service. 
 68.6      (d) (c) The court administrator shall note the fact of 
 68.7   service in a permanent record. 
 68.8      Sec. 3.  Minnesota Statutes 1997 Supplement, section 
 68.9   259.52, subdivision 10, is amended to read: 
 68.10     Subd. 10.  [RESPONSE TO PUTATIVE FATHERS' ADOPTION REGISTRY 
 68.11  NOTICE TO REGISTERED PUTATIVE FATHER; LIMITATION OF RIGHTS FOR 
 68.12  FAILURE TO RESPOND AND UPON FILING OF DISCLAIMER DENIAL OF 
 68.13  PATERNITY.] Within 30 days of receipt of the putative fathers' 
 68.14  adoption registry notice to registered putative father, the 
 68.15  intent to claim parental rights with entry of appearance form, 
 68.16  and the denial of paternity with entry of appearance form, and 
 68.17  the consent to adoption form, the putative father must file a 
 68.18  completed intent to claim parental rights with entry of 
 68.19  appearance form with the court administrator stating that he 
 68.20  intends to initiate a paternity action within 30 days of receipt 
 68.21  of the putative fathers' adoption registry notice to registered 
 68.22  putative father in order to preserve the right to maintain an 
 68.23  interest in the child and receive notice during the pending 
 68.24  adoption proceeding.  Failure to initiate a paternity action 
 68.25  within 30 days of receipt of the putative fathers' adoption 
 68.26  registry notice to registered putative father does not act as a 
 68.27  bar to receiving notice under section 259.49.  If good cause is 
 68.28  shown, the putative father must be allowed more time to initiate 
 68.29  the paternity action.  A putative father who files a completed 
 68.30  denial of paternity with entry of appearance form and consent to 
 68.31  adoption form or who fails to timely file an intent to claim 
 68.32  parental rights with entry of appearance form with the court: 
 68.33     (1) is barred from later bringing or maintaining an action 
 68.34  to assert any interest in the child during the pending adoption 
 68.35  proceeding concerning the child; 
 68.36     (2) is considered to have waived and surrendered a right to 
 69.1   notice of a hearing in any judicial proceeding for adoption of 
 69.2   the child, and consent of that person to the adoption of the 
 69.3   child is not required; and 
 69.4      (3) is considered to have abandoned the child.  
 69.5   Failure to register is prima facie evidence of sufficient 
 69.6   grounds to support termination of the putative father's parental 
 69.7   rights. 
 69.8      Sec. 4.  Minnesota Statutes 1997 Supplement, section 
 69.9   259.52, subdivision 11, is amended to read: 
 69.10     Subd. 11.  [PUTATIVE FATHERS' ADOPTION REGISTRY NOTICE; 
 69.11  INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE FORM; 
 69.12  DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE; AND CONSENT TO 
 69.13  ADOPTION FORM FORMS.] (a) The putative father's adoption 
 69.14  registry notice sent under subdivision 9 must be substantially 
 69.15  as follows: 
 69.16     "IN THE MATTER OF NOTICE TO .........., REGISTERED PUTATIVE 
 69.17  FATHER. 
 69.18     You have signed the putative fathers' adoption registry 
 69.19  indicating that you are the father of a child born on the 
 69.20  .......... day of .........., ...., (or expected to be born on 
 69.21  or about the ....... day of .........., ....). 
 69.22     The mother of the child is ........... 
 69.23     The mother has indicated that she intends to place the 
 69.24  child for adoption. 
 69.25     As the alleged father of the child by virtue of signing the 
 69.26  putative fathers' adoption registry, you have certain legal 
 69.27  rights with respect to the child, including the right to notice 
 69.28  of the filing of proceedings instituted for the adoption of the 
 69.29  child.  If you wish to retain your rights with respect to the 
 69.30  child, you must file with the court administrator, Court of 
 69.31  .......... County, Minnesota, whose address is .........., 
 69.32  Minnesota, within 30 days after the date of receipt of this 
 69.33  notice, the enclosed intent to claim parental rights with entry 
 69.34  of appearance form stating that you are, in fact, the father of 
 69.35  the child and that you intend to retain your legal rights with 
 69.36  respect to the child by initiating a paternity action within 30 
 70.1   days of receipt of the putative fathers' adoption registry 
 70.2   notice. 
 70.3      If you do not file an intent to claim parental rights with 
 70.4   entry of appearance form or a request for notice, then whatever 
 70.5   legal rights you have with respect to the child, including the 
 70.6   right to notice of any future proceedings for the adoption of 
 70.7   the child, may be terminated without any further notice to you.  
 70.8   When your legal rights with respect to the child are so 
 70.9   terminated, you will not be entitled to notice of any proceeding 
 70.10  instituted for the adoption of the child. 
 70.11     If you are not the father of the child, you may file with 
 70.12  the court administrator the denial of paternity with entry of 
 70.13  appearance and consent to adoption form enclosed herewith and 
 70.14  you will receive no further notice with respect to the child." 
 70.15     (b) The intent to claim parental rights with entry of 
 70.16  appearance form sent under subdivision 9 must be substantially 
 70.17  as follows: 
 70.18    "INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE
 70.19  I, .........., state as follows: 
 70.20     (1) That I am ..... years of age; and I reside at 
 70.21  .......... in the County of .........., State of ........... 
 70.22     (2) That I have been advised that .......... is the mother 
 70.23  of a .......... male/female child named .......... born or 
 70.24  expected to be born on or about .......... and that such mother 
 70.25  has stated that I am the father of this child. 
 70.26     (3) I declare that I am the father of this child. 
 70.27     (4) I understand that the mother of this child wishes to 
 70.28  consent to the adoption of this child.  I do not consent to the 
 70.29  adoption of this child, and I understand that I must return this 
 70.30  intent to claim parental rights with entry of appearance form to 
 70.31  the court administrator of .......... County, located at 
 70.32  .........., within 30 days of receipt of this notice. 
 70.33     (5) I further understand that I am also obligated to 
 70.34  initiate a paternity action under the Parentage Act (Minnesota 
 70.35  Statutes, sections 257.51 to 257.74) within 30 days of my 
 70.36  receiving the putative fathers' adoption registry notice, or, if 
 71.1   the child is not yet born, within 30 days after the birth of the 
 71.2   child, unless for good cause shown I am unable to do so.  That 
 71.3   proceeding is separate and distinct from the above mailing of 
 71.4   intent to claim parental rights with entry of appearance form; 
 71.5   in the paternity action, I must state that I am, in fact, the 
 71.6   father of said child for one or more of the reasons stated in 
 71.7   Minnesota Statutes, section 257.55, subdivision 1, and that I 
 71.8   intend to retain my legal rights with respect to said child, and 
 71.9   request to be notified of any further proceedings with respect 
 71.10  to custody or adoption of the child. 
 71.11     (6) I hereby enter my appearance in the above entitled 
 71.12  cause. 
 71.13                               OATH
 71.14     I have been duly sworn and I say under oath that I have 
 71.15  read and understand this intent to claim parental rights with 
 71.16  entry of appearance form.  The facts that it contains are true 
 71.17  and correct to the best of my knowledge, and I understand that 
 71.18  by signing this document I admit my paternity.  I have signed 
 71.19  this document as my free and voluntary act. 
 71.20                                     ...........
 71.21                                     (Signature)
 71.22  Dated this .......... day of .........., ..... 
 71.23  Signed and Sworn Before Me This ....... day of .........., ..... 
 71.24                                     ...........
 71.25                                     (notary public)"
 71.26     (c) The denial of paternity with entry of appearance and 
 71.27  consent to adoption form sent under subdivision 9 must be 
 71.28  substantially as follows: 
 71.29         "DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND
 71.30                       CONSENT TO ADOPTION
 71.31  I, .........., state as follows: 
 71.32     (1) That I am ..... years of age; and I reside at 
 71.33  .......... in the County of .........., State of ........... 
 71.34     (2) That I have been advised that .......... is the mother 
 71.35  of a .......... male/female child named .......... born or 
 71.36  expected to be born on or about .......... and that I have 
 72.1   registered with the putative fathers' adoption registry stating 
 72.2   that I am the father of this child. 
 72.3      (3) I now deny that I am the father of this child.  My 
 72.4   denial at this time will not subject me to any criminal 
 72.5   liability. 
 72.6      (4) I further understand that the mother of this child 
 72.7   wishes to consent to the adoption of the child.  I hereby 
 72.8   consent to the adoption of this child, and waive any rights, 
 72.9   remedies, and defenses that I may have now or in the future.  
 72.10  This consent is being given in order to facilitate the adoption 
 72.11  of the child and so that the court may terminate what rights I 
 72.12  may have to the child.  This consent is not in any manner an 
 72.13  admission of paternity. 
 72.14     (5) I hereby enter my appearance in the above entitled 
 72.15  cause and waive service of summons and other pleading. 
 72.16                               OATH
 72.17     I have been duly sworn and I say under oath that I have 
 72.18  read and understood this denial of paternity with entry of 
 72.19  appearance and consent to adoption.  The facts it contains are 
 72.20  true and correct to the best of my knowledge, and I understand 
 72.21  that by signing this document I have not admitted paternity.  I 
 72.22  have signed this document as my free and voluntary act in order 
 72.23  to facilitate the adoption of the child. 
 72.24                                     ...........
 72.25                                     (Signature)
 72.26  Dated this .......... day of .........., ..... 
 72.27  Signed and Sworn Before Me This ....... day of .........., ..... 
 72.28                                     ...........
 72.29                                     (notary public)"
 72.30     [The names of adoptive parents must not be included in the 
 72.31  notice.] The office of the state court administrator shall 
 72.32  develop the following forms:  
 72.33     (1) notice to registered putative father; 
 72.34     (2) intent to claim parental rights; 
 72.35     (3) denial of paternity; and 
 72.36     (4) consent to adoption. 
 73.1      Sec. 5.  Minnesota Statutes 1997 Supplement, section 
 73.2   259.52, subdivision 12, is amended to read: 
 73.3      Subd. 12.  [RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Upon proof 
 73.4   of indigency, a putative father who has registered with the 
 73.5   fathers' adoption registry, has received a putative fathers' 
 73.6   adoption registry notice to registered putative father, and has 
 73.7   timely filed an intent to claim paternal rights with entry of 
 73.8   appearance form with the court administrator, must have counsel 
 73.9   appointed at public expense. 
 73.10     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
 73.11  259.52, is amended by adding a subdivision to read: 
 73.12     Subd. 15.  [INTERNATIONAL ADOPTIONS.] This section does not 
 73.13  apply to international adoptions. 
 73.14     Sec. 7.  Minnesota Statutes 1996, section 550.136, 
 73.15  subdivision 2, is amended to read: 
 73.16     Subd. 2.  [DEFINITIONS.] For purposes of this section, the 
 73.17  following terms have the meanings given them: 
 73.18     (a) "earnings" means: 
 73.19     (1) compensation paid or payable to an employee for 
 73.20  personal service whether denominated as wages, salary, 
 73.21  commissions, bonus, or otherwise, and includes periodic payments 
 73.22  pursuant to a pension or retirement program; or 
 73.23     (2) compensation paid or payable to the producer for the 
 73.24  sale of agricultural products; livestock or livestock products; 
 73.25  milk or milk products; or fruit or other horticultural products 
 73.26  produced when the producer is operating a family farm, a family 
 73.27  farm corporation, or an authorized farm corporation, as defined 
 73.28  in section 500.24, subdivision 2; or 
 73.29     (3) maintenance as defined in section 518.54, subdivision 3.
 73.30     (b) "disposable earnings" means that part of the earnings 
 73.31  of an individual remaining after the deduction from those 
 73.32  earnings of amounts required by law to be withheld; 
 73.33     (c) "employee" means an individual who performs services 
 73.34  subject to the right of the employer to control both what is 
 73.35  done and how it is done; and 
 73.36     (d) "employer" means a person for whom an individual 
 74.1   performs services as an employee. 
 74.2      Sec. 8.  Minnesota Statutes 1996, section 571.921, is 
 74.3   amended to read: 
 74.4      571.921 [DEFINITIONS.] 
 74.5      For purposes of sections 571.921 to 571.926, the following 
 74.6   terms have the meanings given them: 
 74.7      (a) "Earnings" means: 
 74.8      (1) compensation paid or payable to an employee for 
 74.9   personal service whether denominated as wages, salary, 
 74.10  commissions, bonus, or otherwise, and includes periodic payments 
 74.11  pursuant to a pension or retirement program; or 
 74.12     (2) compensation paid or payable to the producer for the 
 74.13  sale of agricultural products; livestock or livestock products; 
 74.14  milk or milk products; or fruit or other horticultural products 
 74.15  produced when the producer is operating a family farm, a family 
 74.16  farm corporation, or an authorized farm corporation, as defined 
 74.17  in section 500.24, subdivision 2; or 
 74.18     (3) maintenance as defined in section 518.54, subdivision 3.
 74.19     (b) "Disposable earnings" means that part of the earnings 
 74.20  of an individual remaining after the deduction from those 
 74.21  earnings of amounts required by law to be withheld. 
 74.22     (c) "Employee" means an individual who performs services 
 74.23  subject to the right of the employer to control both what is 
 74.24  done and how it is done. 
 74.25     (d) "Employer" means a person for whom an individual 
 74.26  performs services as an employee.