HF 2828

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

A bill for an act
relating to family law; providing for the automatic reduction of child support
upon the emancipation of the child; providing for support orders to specify a
support amount for each child; amending Minnesota Statutes 2004, sections
518.57, subdivision 1; 518.64, subdivision 4a; Laws 2005, chapter 164, section
10.

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

Section 1.

Minnesota Statutes 2004, section 518.57, subdivision 1, is amended to read:

Subdivision 1.

Order.

Upon a decree of dissolution, legal separation, or annulment,
the court shall make a further order which is just and proper concerning the maintenance
of the minor children as provided by section 518.551, and for the maintenance of any child
of the parties as defined in section 518.54, as support money. new text begin Each support order must be
written to order a specific amount of support for each child. new text end The court may make any child
support order a lien or charge upon the property of the obligor, either at the time of the
entry of the judgment or by subsequent order upon proper application.

Sec. 2.

Minnesota Statutes 2004, section 518.64, subdivision 4a, is amended to read:

Subd. 4a.

Automatic termination of support.

(a) Unless a court order
provides otherwise, a child support obligation in a specific amount per child terminates
automatically and without any action by the obligor to reduce, modify, or terminate the
order upon the emancipation of the child as provided under section 518.54, subdivision 2.

(b) new text begin Unless a court order provides otherwise, new text end a child support obligation for two or
more children that is not a support obligation in a specific amount per child continues in
the full amount until the emancipation of the last child for whose benefit the order was
made, or until further order of the court. new text begin A court order may provide for the automatic
reduction in the amount of a support obligation upon the emancipation of a child, whether
or not the child is the last child for whose benefit the order was made.
new text end

(c) The obligor may request a modification of the obligor's child support order upon
the emancipation of a child if there are still minor children under the order new text begin and the order
does not provide for the automatic reduction in the amount of the support obligation upon
the emancipation of a child new text end . The child support obligation shall new text begin not new text end be determined based
on the income of the parties at the time the modification is sought new text begin , unless a request for
modification based on increased earnings or income of a party is made and there has been
a substantial change in the earnings or income of a party new text end .

new text begin (d) The obligee may request a modification to continue support after emancipation of
a child. A modification may be granted by the court if the court agrees and issues the order.
new text end

Sec. 3.

Laws 2005, chapter 164, section 10, is amended to read:

Sec. 10. Minnesota Statutes 2004, section 518.64, subdivision 2, is amended
to read:

Subd. 2. Modification. (a) The terms of an order respecting maintenance or support
may be modified upon a showing of one or more of the following: (1) substantially
increased or decreased gross income of an obligor or obligee; (2) substantially increased
or decreased need of an obligor or obligee or the child or children that are the subject of
these proceedings; (3) receipt of assistance under the AFDC program formerly codified
under sections 256.72 to 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a
change in the cost of living for either party as measured by the Federal Bureau of Labor
Statistics, any of which makes the terms unreasonable and unfair; (5) extraordinary
medical expenses of the child not provided for under section 518.171; (6) the addition
of work-related or education-related child care expenses of the obligee or a substantial
increase or decrease in existing work-related or education-related child care expenses; or
(7) upon the emancipation of the child, as provided in section 518.64, subdivision 4a.

(b) It is presumed that there has been a substantial change in circumstances under
paragraph (a) and the terms of a current support order shall be rebuttably presumed to be
unreasonable and unfair if:

(1) the application of the child support guidelines in section 518.551, subdivision 5,
to the current circumstances of the parties results in a calculated court order that is at least
20 percent and at least $75 per month higher or lower than the current support order;

(2) the medical support provisions of the order established under section 518.719
are not enforceable by the public authority or the obligee;

(3) health coverage ordered under section 518.719 is not available to the child for
whom the order is established by the parent ordered to provide;

(4) the existing support obligation is in the form of a statement of percentage and
not a specific dollar amount; or

(5) the gross income of an obligor or obligee has decreased by at least 20 percent
through no fault or choice of the party.

(c) A child support order is not presumptively modifiable solely because an obligor
or obligee becomes responsible for the support of an additional nonjoint child, which is
born after an existing order. Section 518.717 shall be considered if other grounds are
alleged which allow a modification of support.

(d) On a motion for modification of maintenance, including a motion for the
extension of the duration of a maintenance award, the court shall apply, in addition to all
other relevant factors, the factors for an award of maintenance under section 518.552 that
exist at the time of the motion. On a motion for modification of support, the court:

(1) shall apply section 518.725, and shall not consider the financial circumstances of
each party's spouse, if any; and

(2) shall not consider compensation received by a party for employment in excess of
a 40-hour work week, provided that the party demonstrates, and the court finds, that:

(i) the excess employment began after entry of the existing support order;

(ii) the excess employment is voluntary and not a condition of employment;

(iii) the excess employment is in the nature of additional, part-time employment, or
overtime employment compensable by the hour or fractions of an hour;

(iv) the party's compensation structure has not been changed for the purpose of
affecting a support or maintenance obligation;

(v) in the case of an obligor, current child support payments are at least equal to the
guidelines amount based on income not excluded under this clause; and

(vi) in the case of an obligor who is in arrears in child support payments to the
obligee, any net income from excess employment must be used to pay the arrearages
until the arrearages are paid in full.

(e) A modification of support or maintenance, including interest that accrued
pursuant to section 548.091, may be made retroactive only with respect to any period
during which the petitioning party has pending a motion for modification but only from the
date of service of notice of the motion on the responding party and on the public authority
if public assistance is being furnished or the county attorney is the attorney of record.

(f) Except for an award of the right of occupancy of the homestead, provided in
section 518.63, all divisions of real and personal property provided by section 518.58
shall be final, and may be revoked or modified only where the court finds the existence
of conditions that justify reopening a judgment under the laws of this state, including
motions under section 518.145, subdivision 2. The court may impose a lien or charge on
the divided property at any time while the property, or subsequently acquired property, is
owned by the parties or either of them, for the payment of maintenance or support money,
or may sequester the property as is provided by section 518.24.

(g) The court need not hold an evidentiary hearing on a motion for modification of
maintenance or support.

(h) Section 518.14 shall govern the award of attorney fees for motions brought
under this subdivision.

(i) Except as expressly provided, an enactment, amendment, or repeal of law does
not constitute a substantial change in the circumstances for purposes of modifying a
child support order.

(j) There may be no modification of an existing child support order during the first
year following the effective date of sections 518.7123 to 518.729 except as follows:

(1) there is at least a 20 percent change in the gross income of the obligor;

(2) there is a change in the number of joint children for whom the obligor is legally
responsible and actually supporting;

(3) the child supported by the existing child support order becomes disabled; or

(4) both parents consent to modification of the existing order in compliance with the
new income shares guidelines.

(k) On the first modification under the income shares method of calculation, the
modification of basic support may be limited if the amount of the full variance would
create hardship for either the obligor or the obligee.

new text begin (l) Each order for modification of support must be written to order a specific amount
of support for each child.
new text end

Paragraph (j) expires January 1, 2008.