Minnesota Legislature
HF 3405
as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2018 02:18pm
Current Version - as introduced
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A bill for an act
relating to children; modifying child support obligations; amending Minnesota
Statutes 2016, sections 518A.26, subdivisions 8, 15; 518A.28; 518A.29; 518A.30;
518A.31; 518A.33; 518A.34; 518A.35, subdivision 2; 518A.37; 518A.39,
subdivision 2; 518A.42, subdivision 1; 518A.46, subdivisions 3, 3a; 518A.72,
subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 518A.26, subdivision 8, is amended to read:
Subd. 8.
deleted text begin Grossdeleted text end new text begin Netnew text end income.
"deleted text begin Grossdeleted text end new text begin Netnew text end income" means the deleted text begin grossdeleted text end new text begin netnew text end income of the
parent calculated under section 518A.29.
Sec. 2.
Minnesota Statutes 2016, section 518A.26, subdivision 15, is amended to read:
Subd. 15.
Parental income for determining child support (PICS).
"Parental income
for determining child support," or "PICS," means deleted text begin grossdeleted text end new text begin netnew text end income minus deductions for
nonjoint children allowed under section 518A.33.
Sec. 3.
Minnesota Statutes 2016, section 518A.28, is amended to read:
518A.28 PROVIDING INCOME INFORMATION.
(a) In any case where the parties have joint children for which a child support order must
be determined, the parties shall serve and file with their initial pleadings or motion
documents, a financial affidavit, disclosing all sources of deleted text begin grossdeleted text end new text begin netnew text end income for purposes of
section 518A.29. The financial affidavit shall include relevant supporting documentation
necessary to calculate the parental income for child support under section 518A.26,
subdivision 15, including, but not limited to, pay stubs for the most recent three months,
employer statements, or statements of receipts and expenses if self-employed. Documentation
of earnings and income also include relevant copies of each parent's most recent federal tax
returns, including W-2 forms, 1099 forms, unemployment benefit statements, workers'
compensation statements, and all other documents evidencing earnings or income as received
that provide verification for the financial affidavit. The state court administrator shall prepare
a financial affidavit form that may be used by the parties for disclosing information under
this section. The parties may provide the information required under this section in a
substantially similar affidavit form.
(b) In addition to the requirements of paragraph (a), at any time after an action seeking
child support has been commenced or when a child support order is in effect, a party or the
public authority may require the other party to give them a copy of:
(1) the party's complete federal tax returns for the preceding year that were filed with
the Internal Revenue Service; or
(2) if the party's federal tax returns have not been filed for that year, one or more of the
following:
(i) the party's 1099 form;
(ii) the party's W-2 form; or
(iii) the party's K-1 form.
The party shall provide a copy of the tax returns or forms within 30 days of receipt of the
request unless the request is not made in good faith. A request under this paragraph may
not be made more than once every two years, in the absence of good cause.
(c) If a parent under the jurisdiction of the court does not serve and file the financial
affidavit with the parent's initial pleading or motion documents, the court shall set income
for that parent based on credible evidence before the court or in accordance with section
518A.32. Credible evidence may include documentation of current or recent income,
testimony of the other parent concerning recent earnings and income levels, and the parent's
wage reports filed with the Minnesota Department of Employment and Economic
Development under section 268.044. The court may consider credible evidence from one
party that the financial affidavit submitted by the other party is false or inaccurate.
(d) If the court determines that a party does not have access to documents that are required
to be disclosed under this section, the court may consider the testimony of that party as
credible evidence of that party's income.
(e) If the court finds that a party has violated a court order or statute requiring the party
to disclose income or employment information and any changes to that information, the
court may issue an order requiring compensation and cost and reasonable attorney fees to
the party who was wrongfully deprived of the information, but in no event later than three
years from the date the information should have been provided. A party who brings a
meritless motion for such relief may be ordered to pay costs and reasonable attorney fees
to the other party.
Sec. 4.
Minnesota Statutes 2016, section 518A.29, is amended to read:
518A.29 CALCULATION OF deleted text begin GROSSdeleted text end new text begin NETnew text end INCOME.
(a) Subject to the exclusions and deductions in this section, deleted text begin grossdeleted text end new text begin netnew text end income includes
any form of periodic payment to an individual, including, but not limited to, salaries, wages,
commissions, self-employment income under section 518A.30, workers' compensation,
unemployment benefits, annuity payments, military and naval retirement, pension and
disability payments, spousal maintenance received under a previous order or the current
proceeding, Social Security or veterans benefits provided for a joint child under section
518A.31, and potential income under section 518A.32. Salaries, wages, commissions, or
other compensation paid by third parties shall be based upon deleted text begin grossdeleted text end new text begin netnew text end income before
participation in an employer-sponsored benefit plan that allows an employee to pay for a
benefit or expense using pretax dollars, such as flexible spending plans and health savings
accounts. No deductions shall be allowed for contributions to pensions, 401-K, IRA, or
other retirement benefits.
(b) deleted text begin Grossdeleted text end new text begin Netnew text end income does not include compensation received by a party for employment
in excess of a 40-hour work week, provided that:
(1) child support is ordered in an amount at least equal to the guideline amount based
on deleted text begin grossdeleted text end new text begin netnew text end income not excluded under this clause; and
(2) the party demonstrates, and the court finds, that:
(i) the excess employment began after the filing of the petition for dissolution or legal
separation or a petition related to custody, parenting time, or support;
(ii) the excess employment reflects an increase in the work schedule or hours worked
over that of the two years immediately preceding the filing of the petition;
(iii) the excess employment is voluntary and not a condition of employment;
(iv) the excess employment is in the nature of additional, part-time or overtime
employment compensable by the hour or fraction of an hour; and
(v) the party's compensation structure has not been changed for the purpose of affecting
a support or maintenance obligation.
(c) Expense reimbursements or in-kind payments received by a parent in the course of
employment, self-employment, or operation of a business shall be counted as income if
they reduce personal living expenses.
(d) deleted text begin Grossdeleted text end new text begin Netnew text end income may be calculated on either an annual or monthly basis. Weekly
income shall be translated to monthly income by multiplying the weekly income by 4.33.
(e) deleted text begin Grossdeleted text end new text begin Netnew text end income does not include a child support payment received by a party. It
is a rebuttable presumption that adoption assistance payments, Northstar kinship assistance
payments, and foster care subsidies are not deleted text begin grossdeleted text end new text begin netnew text end income.
(f) deleted text begin Grossdeleted text end new text begin Netnew text end income does not include the income of the obligor's spouse and the obligee's
spouse.
(g) Child support or spousal maintenance payments ordered by a court for a nonjoint
child or former spouse or ordered payable to the other party as part of the current proceeding
are deducted from other periodic payments received by a party for purposes of determining
deleted text begin grossdeleted text end new text begin netnew text end income.
(h) deleted text begin Grossdeleted text end new text begin Netnew text end income does not include public assistance benefits received under section
256.741 or other forms of public assistance based on need.
new text begin
(i) Net income does not include state, federal, or Social Security taxes paid by a party,
and does not include any mandatory salary deductions required by a party's employer.
new text end
Sec. 5.
Minnesota Statutes 2016, section 518A.30, is amended to read:
518A.30 INCOME FROM SELF-EMPLOYMENT OR OPERATION OF A
BUSINESS.
new text begin (a) new text end For purposes of section 518A.29, income from self-employment or operation of a
business, including joint ownership of a partnership or closely held corporation, is defined
as gross receipts minus costs of goods sold minus ordinary and necessary expenses required
for self-employment or business operation. Specifically excluded from ordinary and necessary
expenses are amounts allowable by the Internal Revenue Service for the accelerated
component of depreciation expenses, investment tax credits, or any other business expenses
determined by the court to be inappropriate or excessive for determining deleted text begin grossdeleted text end new text begin netnew text end income
for purposes of calculating child support. The person seeking to deduct an expense, including
depreciation, has the burden of proving, if challenged, that the expense is ordinary and
necessary.
new text begin
(b) For purposes of section 518A.29, income from self-employment or operation of a
business is the average of annual income calculated under paragraph (a) for the five-year
period preceding the calculation. If the party has not been self-employed in the same capacity
for the five years preceding the calculation, income shall be calculated on a monthly or
annual basis, based on the longest available period of self-employment in the same capacity.
new text end
Sec. 6.
Minnesota Statutes 2016, section 518A.31, is amended to read:
518A.31 SOCIAL SECURITY OR VETERANS' BENEFIT PAYMENTS
RECEIVED ON BEHALF OF THE CHILD.
(a) The amount of the monthly Social Security benefits or apportioned veterans' benefits
provided for a joint child shall be included in the deleted text begin grossdeleted text end new text begin netnew text end income of the parent on whose
eligibility the benefits are based.
(b) The amount of the monthly survivors' and dependents' educational assistance provided
for a joint child shall be included in the deleted text begin grossdeleted text end new text begin netnew text end income of the parent on whose eligibility
the benefits are based.
(c) If Social Security or apportioned veterans' benefits are provided for a joint child
based on the eligibility of the obligor, and are received by the obligee as a representative
payee for the child or by the child attending school, then the amount of the benefits shall
also be subtracted from the obligor's net child support obligation as calculated pursuant to
section 518A.34.
(d) If the survivors' and dependents' educational assistance is provided for a joint child
based on the eligibility of the obligor, and is received by the obligee as a representative
payee for the child or by the child attending school, then the amount of the assistance shall
also be subtracted from the obligor's net child support obligation as calculated under section
518A.34.
Sec. 7.
Minnesota Statutes 2016, section 518A.33, is amended to read:
518A.33 DEDUCTION FROM INCOME FOR NONJOINT CHILDREN.
(a) When either or both parents are legally responsible for a nonjoint child, a deduction
for this obligation shall be calculated under this section if:
(1) the nonjoint child primarily resides in the parent's household; and
(2) the parent is not obligated to pay basic child support for the nonjoint child to the
other parent or a legal custodian of the child under an existing child support order.
(b) The court shall use the guidelines under section 518A.35 to determine the basic child
support obligation for the nonjoint child or children by using the deleted text begin grossdeleted text end new text begin netnew text end income of the
parent for whom the deduction is being calculated and the number of nonjoint children
primarily residing in the parent's household. If the number of nonjoint children to be used
for the determination is greater than two, the determination must be made using the number
two instead of the greater number.
(c) The deduction for nonjoint children is 50 percent of the guideline amount determined
under paragraph (b).
Sec. 8.
Minnesota Statutes 2016, section 518A.34, is amended to read:
518A.34 COMPUTATION OF CHILD SUPPORT OBLIGATIONS.
(a) To determine the presumptive child support obligation of a parent, the court shall
follow the procedure set forth in this section.
(b) To determine the obligor's basic support obligation, the court shall:
(1) determine the deleted text begin grossdeleted text end new text begin netnew text end income of each parent under section 518A.29;
(2) calculate the parental income for determining child support (PICS) of each parent,
by subtracting from the deleted text begin grossdeleted text end new text begin netnew text end income the credit, if any, for each parent's nonjoint children
under section 518A.33;
(3) determine the percentage contribution of each parent to the combined PICS by
dividing the combined PICS into each parent's PICS;
(4) determine the combined basic support obligation by application of the guidelines in
section 518A.35;
(5) determine each parent's share of the combined basic support obligation by multiplying
the percentage figure from clause (3) by the combined basic support obligation in clause
(4); and
(6) apply the parenting expense adjustment formula provided in section 518A.36 to
determine the obligor's basic support obligation.
(c) If the parents have split custody of joint children, child support must be calculated
for each joint child as follows:
(1) the court shall determine each parent's basic support obligation under paragraph (b)
and include the amount of each parent's obligation in the court order. If the basic support
calculation results in each parent owing support to the other, the court shall offset the higher
basic support obligation with the lower basic support obligation to determine the amount
to be paid by the parent with the higher obligation to the parent with the lower obligation.
For the purpose of the cost-of-living adjustment required under section 518A.75, the
adjustment must be based on each parent's basic support obligation prior to offset. For the
purposes of this paragraph, "split custody" means that there are two or more joint children
and each parent has at least one joint child more than 50 percent of the time;
(2) if each parent pays all child care expenses for at least one joint child, the court shall
calculate child care support for each joint child as provided in section 518A.40. The court
shall determine each parent's child care support obligation and include the amount of each
parent's obligation in the court order. If the child care support calculation results in each
parent owing support to the other, the court shall offset the higher child care support
obligation with the lower child care support obligation to determine the amount to be paid
by the parent with the higher obligation to the parent with the lower obligation; and
(3) if each parent pays all medical or dental insurance expenses for at least one joint
child, medical support shall be calculated for each joint child as provided in section 518A.41.
The court shall determine each parent's medical support obligation and include the amount
of each parent's obligation in the court order. If the medical support calculation results in
each parent owing support to the other, the court shall offset the higher medical support
obligation with the lower medical support obligation to determine the amount to be paid by
the parent with the higher obligation to the parent with the lower obligation. Unreimbursed
and uninsured medical expenses are not included in the presumptive amount of support
owed by a parent and are calculated and collected as provided in section 518A.41.
(d) The court shall determine the child care support obligation for the obligor as provided
in section 518A.40.
(e) The court shall determine the medical support obligation for each parent as provided
in section 518A.41. Unreimbursed and uninsured medical expenses are not included in the
presumptive amount of support owed by a parent and are calculated and collected as described
in section 518A.41.
(f) The court shall determine each parent's total child support obligation by adding
together each parent's basic support, child care support, and health care coverage obligations
as provided in this section.
(g) If Social Security benefits or veterans' benefits are received by one parent as a
representative payee for a joint child based on the other parent's eligibility, the court shall
subtract the amount of benefits from the other parent's net child support obligation, if any.
(h) The final child support order shall separately designate the amount owed for basic
support, child care support, and medical support. If applicable, the court shall use the
self-support adjustment and minimum support adjustment under section 518A.42 to determine
the obligor's child support obligation.
Sec. 9.
Minnesota Statutes 2016, section 518A.35, subdivision 2, is amended to read:
Subd. 2.
Basic support; guideline.
new text begin (a) new text end Unless otherwise agreed to by the parents and
approved by the court, when establishing basic support, the court must order that basic
support be divided between the parents based on their proportionate share of the parents'
combined monthly parental income for determining child support (PICS). Basic support
must be computed using the following guideline:
| Combined Parental |
Number of Children |
|||||
| Income for Determining Child Support |
One |
Two |
Three |
Four |
Five |
Six |
| $0- deleted text begin $799deleted text end new text begin $1,399 new text end |
$50 |
$50 |
$75 |
$75 |
$100 |
$100 |
|
deleted text begin
800- 899 deleted text end |
deleted text begin
80 deleted text end |
deleted text begin
129 deleted text end |
deleted text begin
149 deleted text end |
deleted text begin
173 deleted text end |
deleted text begin
201 deleted text end |
deleted text begin
233 deleted text end |
|
deleted text begin
900- 999 deleted text end |
deleted text begin
90 deleted text end |
deleted text begin
145 deleted text end |
deleted text begin
167 deleted text end |
deleted text begin
194 deleted text end |
deleted text begin
226 deleted text end |
deleted text begin
262 deleted text end |
|
deleted text begin
1,000- 1,099 deleted text end |
deleted text begin
116 deleted text end |
deleted text begin
161 deleted text end |
deleted text begin
186 deleted text end |
deleted text begin
216 deleted text end |
deleted text begin
251 deleted text end |
deleted text begin
291 deleted text end |
|
deleted text begin
1,100- 1,199 deleted text end |
deleted text begin
145 deleted text end |
deleted text begin
205 deleted text end |
deleted text begin
237 deleted text end |
deleted text begin
275 deleted text end |
deleted text begin
320 deleted text end |
deleted text begin
370 deleted text end |
|
deleted text begin
1,200- 1,299 deleted text end |
deleted text begin
177 deleted text end |
deleted text begin
254 deleted text end |
deleted text begin
294 deleted text end |
deleted text begin
341 deleted text end |
deleted text begin
396 deleted text end |
deleted text begin
459 deleted text end |
|
deleted text begin
1,300- 1,399 deleted text end |
deleted text begin
212 deleted text end |
deleted text begin
309 deleted text end |
deleted text begin
356 deleted text end |
deleted text begin
414 deleted text end |
deleted text begin
480 deleted text end |
deleted text begin
557 deleted text end |
| 1,400- 1,499 |
251 |
368 |
425 |
493 |
573 |
664 |
| 1,500- 1,599 |
292 |
433 |
500 |
580 |
673 |
780 |
| 1,600- 1,699 |
337 |
502 |
580 |
673 |
781 |
905 |
| 1,700- 1,799 |
385 |
577 |
666 |
773 |
897 |
1,040 |
| 1,800- 1,899 |
436 |
657 |
758 |
880 |
1,021 |
1,183 |
| 1,900- 1,999 |
490 |
742 |
856 |
994 |
1,152 |
1,336 |
| 2,000- 2,099 |
516 |
832 |
960 |
1,114 |
1,292 |
1,498 |
| 2,100- 2,199 |
528 |
851 |
981 |
1,139 |
1,320 |
1,531 |
| 2,200- 2,299 |
538 |
867 |
1,000 |
1,160 |
1,346 |
1,561 |
| 2,300- 2,399 |
546 |
881 |
1,016 |
1,179 |
1,367 |
1,586 |
| 2,400- 2,499 |
554 |
893 |
1,029 |
1,195 |
1,385 |
1,608 |
| 2,500- 2,599 |
560 |
903 |
1,040 |
1,208 |
1,400 |
1,625 |
| 2,600- 2,699 |
570 |
920 |
1,060 |
1,230 |
1,426 |
1,655 |
| 2,700- 2,799 |
580 |
936 |
1,078 |
1,251 |
1,450 |
1,683 |
| 2,800- 2,899 |
589 |
950 |
1,094 |
1,270 |
1,472 |
1,707 |
| 2,900- 2,999 |
596 |
963 |
1,109 |
1,287 |
1,492 |
1,730 |
| 3,000- 3,099 |
603 |
975 |
1,122 |
1,302 |
1,509 |
1,749 |
| 3,100- 3,199 |
613 |
991 |
1,141 |
1,324 |
1,535 |
1,779 |
| 3,200- 3,299 |
623 |
1,007 |
1,158 |
1,344 |
1,558 |
1,807 |
| 3,300- 3,399 |
636 |
1,021 |
1,175 |
1,363 |
1,581 |
1,833 |
| 3,400- 3,499 |
650 |
1,034 |
1,190 |
1,380 |
1,601 |
1,857 |
| 3,500- 3,599 |
664 |
1,047 |
1,204 |
1,397 |
1,621 |
1,880 |
| 3,600- 3,699 |
677 |
1,062 |
1,223 |
1,418 |
1,646 |
1,909 |
| 3,700- 3,799 |
691 |
1,077 |
1,240 |
1,439 |
1,670 |
1,937 |
| 3,800- 3,899 |
705 |
1,081 |
1,257 |
1,459 |
1,693 |
1,963 |
| 3,900- 3,999 |
719 |
1,104 |
1,273 |
1,478 |
1,715 |
1,988 |
| 4,000- 4,099 |
732 |
1,116 |
1,288 |
1,496 |
1,736 |
2,012 |
| 4,100- 4,199 |
746 |
1,132 |
1,305 |
1,516 |
1,759 |
2,039 |
| 4,200- 4,299 |
760 |
1,147 |
1,322 |
1,536 |
1,781 |
2,064 |
| 4,300- 4,399 |
774 |
1,161 |
1,338 |
1,554 |
1,802 |
2,088 |
| 4,400- 4,499 |
787 |
1,175 |
1,353 |
1,572 |
1,822 |
2,111 |
| 4,500- 4,599 |
801 |
1,184 |
1,368 |
1,589 |
1,841 |
2,133 |
| 4,600- 4,699 |
808 |
1,200 |
1,386 |
1,608 |
1,864 |
2,160 |
| 4,700- 4,799 |
814 |
1,215 |
1,402 |
1,627 |
1,887 |
2,186 |
| 4,800- 4,899 |
820 |
1,231 |
1,419 |
1,645 |
1,908 |
2,212 |
| 4,900- 4,999 |
825 |
1,246 |
1,435 |
1,663 |
1,930 |
2,236 |
| 5,000- 5,099 |
831 |
1,260 |
1,450 |
1,680 |
1,950 |
2,260 |
| 5,100- 5,199 |
837 |
1,275 |
1,468 |
1,701 |
1,975 |
2,289 |
| 5,200- 5,299 |
843 |
1,290 |
1,485 |
1,722 |
1,999 |
2,317 |
| 5,300- 5,399 |
849 |
1,304 |
1,502 |
1,743 |
2,022 |
2,345 |
| 5,400- 5,499 |
854 |
1,318 |
1,518 |
1,763 |
2,046 |
2,372 |
| 5,500- 5,599 |
860 |
1,331 |
1,535 |
1,782 |
2,068 |
2,398 |
| 5,600- 5,699 |
866 |
1,346 |
1,551 |
1,801 |
2,090 |
2,424 |
| 5,700- 5,799 |
873 |
1,357 |
1,568 |
1,819 |
2,111 |
2,449 |
| 5,800- 5,899 |
881 |
1,376 |
1,583 |
1,837 |
2,132 |
2,473 |
| 5,900- 5,999 |
888 |
1,390 |
1,599 |
1,855 |
2,152 |
2,497 |
| 6,000- 6,099 |
895 |
1,404 |
1,604 |
1,872 |
2,172 |
2,520 |
| 6,100- 6,199 |
902 |
1,419 |
1,631 |
1,892 |
2,195 |
2,546 |
| 6,200- 6,299 |
909 |
1,433 |
1,645 |
1,912 |
2,217 |
2,572 |
| 6,300- 6,399 |
916 |
1,448 |
1,664 |
1,932 |
2,239 |
2,597 |
| 6,400- 6,499 |
923 |
1,462 |
1,682 |
1,951 |
2,260 |
2,621 |
| 6,500- 6,599 |
930 |
1,476 |
1,697 |
1,970 |
2,282 |
2,646 |
| 6,600- 6,699 |
936 |
1,490 |
1,713 |
1,989 |
2,305 |
2,673 |
| 6,700- 6,799 |
943 |
1,505 |
1,730 |
2,009 |
2,328 |
2,700 |
| 6,800- 6,899 |
950 |
1,519 |
1,746 |
2,028 |
2,350 |
2,727 |
| 6,900- 6,999 |
957 |
1,533 |
1,762 |
2,047 |
2,379 |
2,747 |
| 7,000- 7,099 |
963 |
1,547 |
1,778 |
2,065 |
2,394 |
2,753 |
| 7,100- 7,199 |
970 |
1,561 |
1,795 |
2,085 |
2,417 |
2,758 |
| 7,200- 7,299 |
974 |
1,574 |
1,812 |
2,104 |
2,439 |
2,764 |
| 7,300- 7,399 |
980 |
1,587 |
1,828 |
2,123 |
2,462 |
2,769 |
| 7,400- 7,499 |
989 |
1,600 |
1,844 |
2,142 |
2,483 |
2,775 |
| 7,500- 7,599 |
998 |
1,613 |
1,860 |
2,160 |
2,505 |
2,781 |
| 7,600- 7,699 |
1,006 |
1,628 |
1,877 |
2,180 |
2,528 |
2,803 |
| 7,700- 7,799 |
1,015 |
1,643 |
1,894 |
2,199 |
2,550 |
2,833 |
| 7,800- 7,899 |
1,023 |
1,658 |
1,911 |
2,218 |
2,572 |
2,864 |
| 7,900- 7,999 |
1,032 |
1,673 |
1,928 |
2,237 |
2,594 |
2,894 |
| 8,000- 8,099 |
1,040 |
1,688 |
1,944 |
2,256 |
2,616 |
2,925 |
| 8,100- 8,199 |
1,048 |
1,703 |
1,960 |
2,274 |
2,637 |
2,955 |
| 8,200- 8,299 |
1,056 |
1,717 |
1,976 |
2,293 |
2,658 |
2,985 |
| 8,300 -8,399 |
1,064 |
1,731 |
1,992 |
2,311 |
2,679 |
3,016 |
| 8,400- 8,499 |
1,072 |
1,746 |
2,008 |
2,328 |
2,700 |
3,046 |
| 8,500- 8,599 |
1,080 |
1,760 |
2,023 |
2,346 |
2,720 |
3,077 |
| 8,600- 8,699 |
1,092 |
1,780 |
2,047 |
2,374 |
2,752 |
3,107 |
| 8,700- 8,799 |
1,105 |
1,801 |
2,071 |
2,401 |
2,784 |
3,138 |
| 8,800- 8,899 |
1,118 |
1,822 |
2,094 |
2,429 |
2,816 |
3,168 |
| 8,900- 8,999 |
1,130 |
1,842 |
2,118 |
2,456 |
2,848 |
3,199 |
| 9,000- 9,099 |
1,143 |
1,863 |
2,142 |
2,484 |
2,880 |
3,223 |
| 9,100- 9,199 |
1,156 |
1,884 |
2,166 |
2,512 |
2,912 |
3,243 |
| 9,200- 9,299 |
1,168 |
1,904 |
2,190 |
2,539 |
2,944 |
3,263 |
| 9,300- 9,399 |
1,181 |
1,925 |
2,213 |
2,567 |
2,976 |
3,284 |
| 9,400- 9,499 |
1,194 |
1,946 |
2,237 |
2,594 |
3,008 |
3,304 |
| 9,500- 9,599 |
1,207 |
1,967 |
2,261 |
2,622 |
3,031 |
3,324 |
| 9,600- 9,699 |
1,219 |
1,987 |
2,285 |
2,650 |
3,050 |
3,345 |
| 9,700- 9,799 |
1,232 |
2,008 |
2,309 |
2,677 |
3,069 |
3,365 |
| 9,800- 9,899 |
1,245 |
2,029 |
2,332 |
2,705 |
3,087 |
3,385 |
| 9,900- 9,999 |
1,257 |
2,049 |
2,356 |
2,732 |
3,106 |
3,406 |
| 10,000-10,099 |
1,270 |
2,070 |
2,380 |
2,760 |
3,125 |
3,426 |
| 10,100-10,199 |
1,283 |
2,091 |
2,404 |
2,788 |
3,144 |
3,446 |
| 10,200-10,299 |
1,295 |
2,111 |
2,428 |
2,815 |
3,162 |
3,467 |
| 10,300-10,399 |
1,308 |
2,132 |
2,451 |
2,843 |
3,181 |
3,487 |
| 10,400-10,499 |
1,321 |
2,153 |
2,475 |
2,870 |
3,200 |
3,507 |
| 10,500-10,599 |
1,334 |
2,174 |
2,499 |
2,898 |
3,218 |
3,528 |
| 10,600-10,699 |
1,346 |
2,194 |
2,523 |
2,921 |
3,237 |
3,548 |
| 10,700-10,799 |
1,359 |
2,215 |
2,547 |
2,938 |
3,256 |
3,568 |
| 10,800-10,899 |
1,372 |
2,236 |
2,570 |
2,955 |
3,274 |
3,589 |
| 10,900-10,999 |
1,384 |
2,256 |
2,594 |
2,972 |
3,293 |
3,609 |
| 11,000-11,099 |
1,397 |
2,277 |
2,618 |
2,989 |
3,312 |
3,629 |
| 11,100-11,199 |
1,410 |
2,294 |
2,642 |
3,006 |
3,331 |
3,649 |
| 11,200-11,299 |
1,422 |
2,306 |
2,666 |
3,023 |
3,349 |
3,667 |
| 11,300-11,399 |
1,435 |
2,319 |
2,689 |
3,040 |
3,366 |
3,686 |
| 11,400-11,499 |
1,448 |
2,331 |
2,713 |
3,055 |
3,383 |
3,705 |
| 11,500-11,599 |
1,461 |
2,344 |
2,735 |
3,071 |
3,400 |
3,723 |
| 11,600-11,699 |
1,473 |
2,356 |
2,748 |
3,087 |
3,417 |
3,742 |
| 11,700-11,799 |
1,486 |
2,367 |
2,762 |
3,102 |
3,435 |
3,761 |
| 11,800-11,899 |
1,499 |
2,378 |
2,775 |
3,116 |
3,452 |
3,780 |
| 11,900-11,999 |
1,511 |
2,389 |
2,788 |
3,131 |
3,469 |
3,798 |
| 12,000-12,099 |
1,524 |
2,401 |
2,801 |
3,146 |
3,485 |
3,817 |
| 12,100-12,199 |
1,537 |
2,412 |
2,814 |
3,160 |
3,501 |
3,836 |
| 12,200-12,299 |
1,549 |
2,423 |
2,828 |
3,175 |
3,517 |
3,854 |
| 12,300-12,399 |
1,562 |
2,434 |
2,841 |
3,190 |
3,534 |
3,871 |
| 12,400-12,499 |
1,575 |
2,445 |
2,854 |
3,205 |
3,550 |
3,889 |
| 12,500-12,599 |
1,588 |
2,456 |
2,867 |
3,219 |
3,566 |
3,907 |
| 12,600-12,699 |
1,600 |
2,467 |
2,880 |
3,234 |
3,582 |
3,924 |
| 12,700-12,799 |
1,613 |
2,478 |
2,894 |
3,249 |
3,598 |
3,942 |
| 12,800-12,899 |
1,626 |
2,489 |
2,907 |
3,264 |
3,615 |
3,960 |
| 12,900-12,999 |
1,638 |
2,500 |
2,920 |
3,278 |
3,631 |
3,977 |
| 13,000-13,099 |
1,651 |
2,512 |
2,933 |
3,293 |
3,647 |
3,995 |
| 13,100-13,199 |
1,664 |
2,523 |
2,946 |
3,308 |
3,663 |
4,012 |
| 13,200-13,299 |
1,676 |
2,534 |
2,960 |
3,322 |
3,679 |
4,030 |
| 13,300-13,399 |
1,689 |
2,545 |
2,973 |
3,337 |
3,696 |
4,048 |
| 13,400-13,499 |
1,702 |
2,556 |
2,986 |
3,352 |
3,712 |
4,065 |
| 13,500-13,599 |
1,715 |
2,567 |
2,999 |
3,367 |
3,728 |
4,083 |
| 13,600-13,699 |
1,727 |
2,578 |
3,012 |
3,381 |
3,744 |
4,100 |
| 13,700-13,799 |
1,740 |
2,589 |
3,026 |
3,396 |
3,760 |
4,118 |
| 13,800-13,899 |
1,753 |
2,600 |
3,039 |
3,411 |
3,777 |
4,136 |
| 13,900-13,999 |
1,765 |
2,611 |
3,052 |
3,425 |
3,793 |
4,153 |
| 14,000-14,099 |
1,778 |
2,623 |
3,065 |
3,440 |
3,809 |
4,171 |
| 14,100-14,199 |
1,791 |
2,634 |
3,078 |
3,455 |
3,825 |
4,189 |
| 14,200-14,299 |
1,803 |
2,645 |
3,092 |
3,470 |
3,841 |
4,206 |
| 14,300-14,399 |
1,816 |
2,656 |
3,105 |
3,484 |
3,858 |
4,224 |
| 14,400-14,499 |
1,829 |
2,667 |
3,118 |
3,499 |
3,874 |
4,239 |
| 14,500-14,599 |
1,842 |
2,678 |
3,131 |
3,514 |
3,889 |
4,253 |
| 14,600-14,699 |
1,854 |
2,689 |
3,144 |
3,529 |
3,902 |
4,268 |
| 14,700-14,799 |
1,864 |
2,700 |
3,158 |
3,541 |
3,916 |
4,282 |
| 14,800-14,899 |
1,872 |
2,711 |
3,170 |
3,553 |
3,929 |
4,297 |
| 14,900-14,999 |
1,879 |
2,722 |
3,181 |
3,565 |
3,942 |
4,311 |
| 15,000, or the amount in effect under subd. 4 |
1,883 |
2,727 |
3,186 |
3,571 |
3,949 |
4,319 |
new text begin
(b) The basic support guideline in paragraph (a) must be adjusted every two years
beginning August 1, 2020, such that the lowest income level ranges from $0 to the sum of
120 percent of the current federal poverty guidelines plus $199.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2018.
new text end
Sec. 10.
Minnesota Statutes 2016, section 518A.37, is amended to read:
518A.37 WRITTEN FINDINGS.
Subdivision 1.
No deviation.
If the court does not deviate from the presumptive child
support obligation computed under section 518A.34, the court must make written findings
that state:
(1) each parent's deleted text begin grossdeleted text end new text begin netnew text end income;
(2) each parent's PICS; and
(3) any other significant evidentiary factors affecting the child support determination.
Subd. 2.
Deviation.
If the court deviates from the presumptive child support obligation
computed under section 518A.34, the court must make written findings that state:
(1) each parent's deleted text begin grossdeleted text end new text begin netnew text end income;
(2) each parent's PICS;
(3) the amount of the child support obligation computed under section 518A.34;
(4) the reasons for the deviation; and
(5) how the deviation serves the best interests of the child.
Subd. 3.
Written findings required in every case.
The provisions of this section apply
whether or not the parties are each represented by independent counsel and have entered
into a written agreement. The court must review stipulations presented to it for conformity
with section 518A.34. The court is not required to conduct a hearing, but the parties must
provide sufficient documentation to verify the child support determination and to justify
any deviation.
Sec. 11.
Minnesota Statutes 2016, section 518A.39, 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, any of which makes the
terms unreasonable and unfair: (1) substantially increased or decreased deleted text begin grossdeleted text end new text begin netnew text end 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; (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 deleted text begin grossdeleted text end new text begin netnew text end 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 0.075;
(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) 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 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 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, 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) 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.
(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. 12.
Minnesota Statutes 2016, section 518A.42, subdivision 1, is amended to read:
Subdivision 1.
Ability to pay.
(a) It is a rebuttable presumption that a child support
order should not exceed the obligor's ability to pay. To determine the amount of child support
the obligor has the ability to pay, the court shall follow the procedure set out in this section.
(b) The court shall calculate the obligor's income available for support by subtracting a
monthly self-support reserve equal to 120 percent of the federal poverty guidelines for one
person from the obligor's deleted text begin grossdeleted text end new text begin netnew text end income. If the obligor's income available for support
calculated under this paragraph is equal to or greater than the obligor's support obligation
calculated under section 518A.34, the court shall order child support under section 518A.34.
(c) If the obligor's income available for support calculated under paragraph (b) is more
than the minimum support amount under subdivision 2, but less than the guideline amount
under section 518A.34, then the court shall apply a reduction to the child support obligation
in the following order, until the support order is equal to the obligor's income available for
support:
(1) medical support obligation;
(2) child care support obligation; and
(3) basic support obligation.
(d) If the obligor's income available for support calculated under paragraph (b) is equal
to or less than the minimum support amount under subdivision 2 or if the obligor's deleted text begin grossdeleted text end new text begin
netnew text end income is less than 120 percent of the federal poverty guidelines for one personnew text begin , plus
$199new text end , the minimum support amount under subdivision 2 applies.
Sec. 13.
Minnesota Statutes 2016, section 518A.46, subdivision 3, is amended to read:
Subd. 3.
Contents of pleadings.
(a) In cases involving establishment or modification
of a child support order, the initiating party shall include the following information, if
known, in the pleadings:
(1) names, addresses, and dates of birth of the parties;
(2) Social Security numbers of the parties and the minor children of the parties, which
information shall be considered private information and shall be available only to the parties,
the court, and the public authority;
(3) other support obligations of the obligor;
(4) names and addresses of the parties' employers;
(5) deleted text begin grossdeleted text end new text begin netnew text end income of the parties as calculated in section 518A.29;
(6) amounts and sources of any other earnings and income of the parties;
(7) health insurance coverage of parties;
(8) types and amounts of public assistance received by the parties, including Minnesota
family investment plan, child care assistance, medical assistance, title IV-E foster care, or
other form of assistance as defined in section 256.741, subdivision 1; and
(9) any other information relevant to the computation of the child support obligation
under section 518A.34.
(b) For all matters scheduled in the expedited process, whether or not initiated by the
public authority, the nonattorney employee of the public authority shall file with the court
and serve on the parties the following information:
(1) information pertaining to the income of the parties available to the public authority
from the Department of Employment and Economic Development;
(2) a statement of the monthly amount of child support, medical support, child care, and
arrears currently being charged the obligor on Minnesota IV-D cases;
(3) a statement of the types and amount of any public assistance, as defined in section
256.741, subdivision 1, received by the parties; and
(4) any other information relevant to the determination of support that is known to the
public authority and that has not been otherwise provided by the parties.
The information must be filed with the court or child support magistrate at least five
days before any hearing involving child support, medical support, or child care reimbursement
issues.
Sec. 14.
Minnesota Statutes 2016, section 518A.46, subdivision 3a, is amended to read:
Subd. 3a.
Contents of pleadings for medical support modifications.
(a) In cases
involving modification of only the medical support portion of a child support order under
section 518A.39, subdivision 8, the initiating party shall include the following information,
if known, in the pleadings:
(1) names, addresses, and dates of birth of the parties;
(2) Social Security numbers of the parties and the minor children of the parties, which
shall be considered private information and shall be available only to the parties, the court,
and the public authority;
(3) names and addresses of the parties' employers;
(4) deleted text begin grossdeleted text end new text begin netnew text end income of the parties as stated in the order being modified;
(5) health insurance coverage of the parties; and
(6) any other information relevant to the determination of the medical support obligation
under section 518A.41.
(b) For all matters scheduled in the expedited process, whether or not initiated by the
public authority, the nonattorney employee of the public authority shall file with the court
and serve on the parties the following information:
(1) a statement of the monthly amount of child support, medical support, child care, and
arrears currently being charged the obligor on Minnesota IV-D cases;
(2) a statement of the amount of medical assistance received by the parties; and
(3) any other information relevant to the determination of medical support that is known
to the public authority and that has not been otherwise provided by the parties.
The information must be filed with the court or child support magistrate at least five
days before the hearing on the motion to modify medical support.
Sec. 15.
Minnesota Statutes 2016, section 518A.72, subdivision 2, is amended to read:
Subd. 2.
Court options.
(a) If a court cites a person for contempt under this section, and
the obligor lives in a county that contracts with the commissioner of human services under
section 256.997, the court may order the performance of community service work up to 32
hours per week for six weeks for each finding of contempt if the obligor:
(1) is able to work full time;
(2) works an average of less than 32 hours per week; and
(3) has actual weekly deleted text begin grossdeleted text end new text begin netnew text end income averaging less than 40 times the federal minimum
hourly wage under United States Code, title 29, section 206(a)(1), or is voluntarily earning
less than the obligor has the ability to earn, as determined by the court.
An obligor is presumed to be able to work full time. The obligor has the burden of
proving inability to work full time.
(b) A person ordered to do community service work under paragraph (a) may, during
the six-week period, apply to the court, a child support magistrate, or the public authority
to be released from the community service work requirement if the person:
(1) provides proof to the court, a child support magistrate, or the public authority that
the person is gainfully employed and submits to an order for income withholding under
section 518A.53;
(2) enters into a written payment plan regarding both current support and arrearages
approved by the court, a child support magistrate, or the public authority; or
(3) provides proof to the court, a child support magistrate, or the public authority that,
subsequent to entry of the order, the person's circumstances have so changed that the person
is no longer able to fulfill the terms of the community service order.