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HF 2895

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/25/2024 10:13am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to judiciary; modifying spousal maintenance; modifying child support
provisions; amending Minnesota Statutes 2022, sections 518.552, subdivisions 1,
2, 3, 6, by adding subdivisions; 518A.39, subdivision 1; Minnesota Statutes 2023
Supplement, section 518A.39, subdivision 2; repealing Minnesota Statutes 2022,
section 518A.39, subdivision 3.

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

Section 1.

Minnesota Statutes 2022, section 518.552, subdivision 1, is amended to read:


Subdivision 1.

Grounds.

In a proceeding for dissolution of marriage or legal separation,
or in a proceeding for maintenance following dissolution of the marriage by a court which
lacked personal jurisdiction over the absent spouse and which has since acquired jurisdiction,
the court may grant a maintenance order for either spouse if it finds that the spouse seeking
maintenance:

(a) lacks sufficient property, including marital property apportioned to the spouse, to
provide for reasonable needs of the spouse considering the standard of living established
during the marriage, especially, but not limited to, a period of training or education, or

(b) is unable to provide adequate self-support, after considering the standard of living
established during the marriage and all relevant circumstancesdeleted text begin , through appropriate
employment,
deleted text end or

new text begin (c)new text end is the custodian of a child whose condition or circumstances make it appropriate that
the custodian not be required to seek employment outside the home.

Sec. 2.

Minnesota Statutes 2022, section 518.552, subdivision 2, is amended to read:


Subd. 2.

Amountdeleted text begin ; durationdeleted text end new text begin of maintenancenew text end .

The maintenance order shall be in amounts
and for periods of time, either deleted text begin temporarydeleted text end new text begin transitionalnew text end or deleted text begin permanentdeleted text end new text begin indefinitenew text end , as the court
deems just, without regard to marital misconduct, and after considering all relevant factors
including:

(a) the financial resources of the party seeking maintenance, including marital property
apportioned to the party, and the party's ability to meet needs independently, including the
extent to which a provision for support of a child living with the party includes a sum for
that party as custodian;

(b) the time necessary to acquire sufficient education or training to enable the party
seeking maintenance to find appropriate employment, and the probability, given the party's
age and skills, of completing education or training and becoming fully or partially
self-supporting;

(c) the standard of living established during the marriagenew text begin and the extent to which the
standard of living was funded by debt
new text end ;

(d) the duration of the marriage anddeleted text begin , in the case of a homemaker,deleted text end new text begin the earnings, seniority,
benefits, and other employment opportunities forgone by the spouse seeking maintenance
to support the other spouse or children and
new text end the length of absence from employment and the
extent to which any education, skills, or experience have become outmoded and earning
capacity has become permanently diminished;

deleted text begin (e) the loss of earnings, seniority, retirement benefits, and other employment opportunities
forgone by the spouse seeking spousal maintenance;
deleted text end

deleted text begin (f)deleted text end new text begin (e)new text end the age, and deleted text begin thedeleted text end physical deleted text begin and emotional conditiondeleted text end new text begin , mental, or chemical healthnew text end of
deleted text begin the spouse seeking maintenancedeleted text end new text begin both spousesnew text end ;

deleted text begin (g)deleted text end new text begin (f)new text end the ability of the spouse from whom maintenance is sought to meet needs while
meeting those of the spouse seeking maintenance; deleted text begin and
deleted text end

deleted text begin (h)deleted text end new text begin (g)new text end the contribution of deleted text begin each party in the acquisition, preservation, depreciation, or
appreciation in the amount or value of the marital property, as well as the contribution of
deleted text end a
spouse deleted text begin as a homemaker ordeleted text end in furtherance of the other party's employment or businessdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (h) the need and ability of each spouse to prepare for retirement and the anticipated time
of retirement.
new text end

Sec. 3.

Minnesota Statutes 2022, section 518.552, subdivision 3, is amended to read:


Subd. 3.

deleted text begin Permanency of awarddeleted text end new text begin Duration of maintenancenew text end .

deleted text begin Nothing in this section shall
be construed to favor a temporary award of maintenance over a permanent award, where
the factors under subdivision 2 justify a permanent award.
deleted text end

deleted text begin Where there is some uncertainty as to the necessity of a permanent award, the court shall
order a permanent award leaving its order open for later modification.
deleted text end new text begin (a) A maintenance
award may be transitional or indefinite. An award of temporary maintenance issued before
August 1, 2024, is deemed transitional maintenance. An award of permanent maintenance
issued before August 1, 2024, is deemed indefinite maintenance. Maintenance awarded
during the pendency of an initial proceeding for dissolution or legal separation pursuant to
section 518.131 is deemed temporary maintenance.
new text end

new text begin (b) For purposes of this subdivision, "length of the marriage" means the period from the
date of the marriage until the date of the commencement of the action.
new text end

new text begin (c) The court must determine the duration of maintenance based on the length of the
marriage as follows:
new text end

new text begin (1) when the length of the marriage is less than five years, it is rebuttably presumed that
no maintenance should be awarded;
new text end

new text begin (2) when the length of the marriage is at least five years and less than 20 years, it is
rebuttably presumed that transitional maintenance should be awarded with a duration of no
longer than one-half the length of the marriage if the factors set forth in subdivision 1 support
an award of maintenance; and
new text end

new text begin (3) when the length of the marriage is 20 years or more, it is rebuttably presumed that
indefinite maintenance should be awarded if the factors set forth in subdivision 1 support
an award of maintenance.
new text end

Sec. 4.

Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to
read:


new text begin Subd. 5a. new text end

new text begin Maintenance on death or remarriage. new text end

new text begin Unless otherwise agreed in writing
or expressly provided in the decree, the obligation to pay future maintenance is terminated
upon the death of either party or the remarriage of the party receiving maintenance.
new text end

Sec. 5.

Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to
read:


new text begin Subd. 5b. new text end

new text begin Modification. new text end

new text begin (a) Upon the motion of either of the parties, the court may
modify the amount and duration of maintenance and may issue an order that the court might
have issued in the original proceeding, except as otherwise provided in this subdivision.
new text end

new text begin (b) The terms of a maintenance order may be modified upon a showing of one or more
of the following circumstances that make the terms of the existing order unreasonable and
unfair:
new text end

new text begin (1) substantially increased or decreased gross income of an obligor or obligee;
new text end

new text begin (2) substantially increased or decreased need of an obligor or obligee; or
new text end

new text begin (3) substantial changes in the federal or state tax laws that affect spousal maintenance.
new text end

new text begin (c) Upon a motion to modify maintenance, including a motion to extend 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 subdivisions 1 to 3 that exist at the time of the
motion.
new text end

new text begin (d) Unless the court adopts an alternative effective date under paragraph (f), a
modification of maintenance, including interest that accrued pursuant to section 548.091,
may be made retroactive:
new text end

new text begin (1) for any period during which the petitioning party has a motion for modification that
is pending;
new text end

new text begin (2) from the date that the notice of the motion to modify was served on the responding
party;
new text end

new text begin (3) from the date that the notice of the motion to modify was served on the public
authority if public assistance is being received; or
new text end

new text begin (4) from the date that the notice of the motion to modify was served on the county
attorney if the county attorney is the attorney of record.
new text end

new text begin (e) The court need not hold an evidentiary hearing on a motion to modify maintenance.
new text end

new text begin (f) The court may select an alternative effective date for a maintenance order if the parties
enter into a binding agreement for an alternative effective date. The court's adoption of an
alternative effective date under this paragraph must not be considered a retroactive
modification of maintenance.
new text end

Sec. 6.

Minnesota Statutes 2022, section 518.552, subdivision 6, is amended to read:


Subd. 6.

Cohabitation.

(a) Spousal maintenance may be modified pursuant to deleted text begin section
518A.39, subdivision 2,
deleted text end new text begin subdivision 5bnew text end based on the cohabitation by the maintenance obligee
with another adult following dissolution of the marriage. The modification may consist of
a reduction, suspension, reservation, or termination of maintenance. In determining if
maintenance should be modified due to cohabitation, the court shall consider:

(1) whether the obligee would marry the cohabitant but for the maintenance award;

(2) the economic benefit the obligee derives from the cohabitation;

(3) the length of the cohabitation and the likely future duration of the cohabitation; and

(4) the economic impact on the obligee if maintenance is modified and the cohabitation
ends.

(b) The court must not modify a maintenance award based solely on cohabitation if a
marriage between the obligee and the cohabitant would be prohibited under section 517.03,
subdivision 1, clause (2) or (3). A modification under this subdivision must be precluded
or limited to the extent the parties have entered into a private agreement under subdivision
5.

(c) A motion to modify a spousal maintenance award on the basis of cohabitation may
not be brought within one year of the date of entry of the decree of dissolution or legal
separation that orders spousal maintenance, unless the parties have agreed in writing that a
motion may be brought or the court finds that failing to allow the motion to proceed would
create an extreme hardship for one of the parties.

Sec. 7.

Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Retirement. new text end

new text begin (a) If a party retires, spousal maintenance may be modified. The
modification of maintenance may consist of a reduction, suspension, reservation, or
termination of maintenance.
new text end

new text begin (b) In determining if maintenance should be modified due to a party's retirement, the
court shall consider:
new text end

new text begin (1) whether the retirement is in good faith or is an unjustifiable self-limitation of income;
new text end

new text begin (2) whether the party has attained the age to receive the party's full retirement benefits
under section 216 of the Social Security Act, United States Code, title 42, section 416, or
the customary age for retirement in the party's occupation;
new text end

new text begin (3) whether a party has reasonably and prudently managed the party's assets since the
dissolution of the marriage; and
new text end

new text begin (4) the financial resources available to both parties.
new text end

new text begin (c) It is presumed that when a party has attained the age to receive the party's full
retirement benefits under section 216 of the Social Security Act, United States Code, title
42, section 416, or the customary age for retirement in the party's occupation, the party will
use both income and assets to meet the party's needs.
new text end

new text begin (d) A party must not be presumed to have retired in bad faith or to have unjustifiably
self-limited the party's income in the event that the party's retirement is occurring on or after
the party attains the age to receive full retirement benefits under section 216 of the Social
Security Act, United States Code, title 42, section 416, or the customary age for retirement
in the party's occupation.
new text end

new text begin (e) A motion to modify maintenance due to retirement may be brought before a party
actually retires provided that the moving party specifies the date by which the party's
retirement will occur. The court may then make the modification effective as of the actual
date of retirement.
new text end

Sec. 8.

Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Form. new text end

new text begin The state court administrator's office shall prepare and make available
to court administrators, obligors, and persons to whom spousal maintenance is owed a form
to be submitted in support of a motion for a modification of an order for maintenance or
for contempt of court.
new text end

Sec. 9.

Minnesota Statutes 2022, section 518A.39, subdivision 1, is amended to read:


Subdivision 1.

Authority.

After an order under this chapter or chapter 518 for
deleted text begin maintenance or support money, temporary or permanentdeleted text end new text begin child supportnew text end , or for the appointment
of trustees to receive property awarded as maintenance or support money, the court may
from time to time, on motion of either of the parties, a copy of which is served on the public
authority responsible for child support enforcement if payments are made through it, or on
motion of the public authority responsible for support enforcement, modify the order
respecting the amount of deleted text begin maintenance ordeleted text end support money or medical support, and the payment
of it, and also respecting the appropriation and payment of the principal and income of
property held in trust, and may make an order respecting these matters which it might have
made in the original proceeding, except as herein otherwise provided. A party or the public
authority also may bring a motion for contempt of court if the obligor is in arrears in support
or maintenance payments.

Sec. 10.

Minnesota Statutes 2023 Supplement, section 518A.39, subdivision 2, is amended
to read:


Subd. 2.

Modification.

(a) The terms of an order respecting deleted text begin maintenance ordeleted text end new text begin childnew text end support
may be modified upon a showing of one or more of the following, any of which makes the
terms unreasonable and unfair: (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.39,
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; (5) extraordinary medical expenses of the child not
provided for under section 518A.41; (6) a change in the availability of appropriate health
care coverage or a substantial increase or decrease in health care coverage costs; (7) 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 (8) upon the emancipation of the child, as provided in subdivision 5.

(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 518A.35, 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 or, if the current support
order is less than $75, it results in a calculated court order that is at least 20 percent per
month higher or lower;

(2) the medical support provisions of the order established under section 518A.41 are
not enforceable by the public authority or the obligee;

(3) health coverage ordered under section 518A.41 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;

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

(6) a deviation was granted based on the factor in section 518A.43, subdivision 1, clause
(4), and the child no longer resides in a foreign country or the factor is otherwise no longer
applicable.

(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 518A.33 shall be considered if other grounds are alleged
which allow a modification of support.

(d) If child support was established by applying a parenting expense adjustment or
presumed equal parenting time calculation under previously existing child support guidelines
and there is no parenting plan or order from which overnights or overnight equivalents can
be determined, there is a rebuttable presumption that the established adjustment or calculation
will continue after modification so long as the modification is not based on a change in
parenting time. In determining an obligation under previously existing child support
guidelines, it is presumed that the court shall:

(1) if a 12 percent parenting expense adjustment was applied, multiply the obligor's
share of the combined basic support obligation calculated under section 518A.34, paragraph
(b), clause (5), by 0.88; or

(2) if the parenting time was presumed equal but the parents' parental incomes for
determining child support were not equal:

(i) multiply the combined basic support obligation under section 518A.34, paragraph
(b), clause (5), by 0.75;

(ii) prorate the amount under item (i) between the parents based on each parent's
proportionate share of the combined PICS; and

(iii) subtract the lower amount from the higher amount.

(e) deleted text begin 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.
deleted text end On a motion for modification of support, the court:

(1) shall apply section 518A.35, 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.

(f) A modification of support deleted text begin or maintenancedeleted text end , 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, unless the court adopts
an alternative effective date under paragraph (l). The court's adoption of an alternative
effective date under paragraph (l) shall not be considered a retroactive modification of
maintenance or support.

(g) 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 518A.71.

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

(i) Sections 518.14 and 518A.735 shall govern the award of attorney fees for motions
brought under this subdivision.

(j) An enactment, amendment, or repeal of law constitutes a substantial change in the
circumstances for purposes of modifying a child support order when it meets the standards
for modification in this section.

(k) On the first modification following implementation of amended child support
guidelines, 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. Hardship includes, but is not
limited to, eligibility for assistance under chapter 256J.

(l) The court may select an alternative effective date for a maintenance or support order
if the parties enter into a binding agreement for an alternative effective date.

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 518A.39, subdivision 3, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H2895-2

518A.39 MODIFICATION OF ORDERS OR DECREES.

Subd. 3.

Maintenance on death or remarriage.

Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.