HF 833

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; requiring appointment of 
  1.3             guardians ad litem in certain cases; clarifying 
  1.4             liability of a spouse for debt incurred by the other 
  1.5             spouse; amending Minnesota Statutes 1996, sections 
  1.6             518.179, subdivision 1; and 519.05.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 518.179, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [SEEKING CUSTODY OR VISITATION.] 
  1.11  Notwithstanding any contrary provision in section 518.17 or 
  1.12  518.175, if a person seeking child custody or visitation has 
  1.13  been convicted of a crime described in subdivision 2, the person 
  1.14  seeking custody or visitation has the burden to prove that 
  1.15  custody or visitation by that person is in the best interests of 
  1.16  the child if: 
  1.17     (1) the conviction occurred within the preceding five 
  1.18  years; 
  1.19     (2) the person is currently incarcerated, on probation, or 
  1.20  under supervised release for the offense; or 
  1.21     (3) the victim of the crime was a family or household 
  1.22  member as defined in section 518B.01, subdivision 2.  
  1.23     If this section applies, the court may not grant custody or 
  1.24  visitation to the person unless it finds that the custody or 
  1.25  visitation is in the best interests of the child.  If the victim 
  1.26  of the crime was a family or household member, the standard of 
  2.1   proof is clear and convincing evidence.  A guardian ad litem 
  2.2   must be appointed in any case where this section applies. 
  2.3      Sec. 2.  Minnesota Statutes 1996, section 519.05, is 
  2.4   amended to read: 
  2.5      519.05 [LIABILITY OF HUSBAND AND WIFE.] 
  2.6      (a) A spouse is not liable to a creditor for any debts of 
  2.7   the other spouse, except for necessaries furnished to the other 
  2.8   after marriage, where the spouse would be liable at common law.  
  2.9   Where husband and wife are living together, they shall be 
  2.10  jointly and severally liable for all necessary household 
  2.11  articles and supplies furnished to and used by the 
  2.12  family. utilities supplied to a residence when the spouses are 
  2.13  living together.  Notwithstanding this paragraph, in a 
  2.14  proceeding under chapter 518 the court may apportion such debt 
  2.15  between the spouses.  
  2.16     (b) A spouse is not liable for debt incurred by the other 
  2.17  spouse in a joint account after the creditor has received notice 
  2.18  from the spouse that the spouse disclaims further liability on 
  2.19  that account.