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Capital IconMinnesota Legislature

HF 980

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/10/2021 01:51pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to family law; modifying child support and arrears provisions; eliminating
interest on child support judgments; requiring the court to provide certain notices;
modifying requirements for parent education program; amending Minnesota
Statutes 2020, sections 518.157, subdivisions 1, 3; 518.68, subdivision 2; 518A.29;
518A.33; 518A.35, subdivisions 1, 2; 518A.39, subdivision 7; 518A.40, subdivision
4, by adding a subdivision; 518A.42; 518A.43, by adding a subdivision; 518A.685;
548.091, subdivisions 1a, 2a, 3b, 9, 10; 549.09, subdivision 1.

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

ARTICLE 1

CHILD SUPPORT INCOME PROVISIONS, GUIDELINES, CHILD CARE COSTS,
AND ARREARS

Section 1.

Minnesota Statutes 2020, section 518A.29, is amended to read:


518A.29 CALCULATION OF GROSS INCOME.

(a) Subject to the exclusions and deductions in this section, gross 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 gross 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) Gross 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 gross 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) Gross 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) Gross 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 gross income.

(f) Gross income does not include the income of the obligor's spouse and the obligee's
spouse.

(g) deleted text beginChild support ordeleted text end Spousal maintenance payments ordered by a court for a deleted text beginnonjoint
child or
deleted text end 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
gross income.

(h) Gross income does not include public assistance benefits received under section
256.741 or other forms of public assistance based on need.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2020, 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 deleted text beginif:deleted text endnew text begin.
new text end

deleted text begin (1) the nonjoint child primarily resides in the parent's household; and
deleted text end

deleted text begin (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.
deleted text end

(b) deleted text beginThe 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 gross 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.
deleted text endnew text begin Court-ordered child support for a nonjoint child shall be
deducted from the payor's gross income.
new text end

(c) deleted text beginThe deduction for nonjoint children is 50 percent of the guideline amount determined
under paragraph (b).
deleted text endnew text begin When a parent is legally responsible for a nonjoint child and the parent
is not obligated to pay basic child support for the nonjoint child to the other parent or a legal
custodian under an existing child support order, a deduction shall be calculated. The court
shall use the basic support guideline table under section 518A.35 to determine this deduction
by using the gross income of the parent for whom the deduction is being calculated, minus
any deduction under paragraph (b) and the number of eligible nonjoint children, up to six
children. The deduction for nonjoint children is 75 percent of the guideline amount
determined under this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2020, section 518A.35, subdivision 1, is amended to read:


Subdivision 1.

Determination of support obligation.

(a) The guideline in this section
is a rebuttable presumption and shall be used in any judicial or administrative proceeding
to establish or modify a support obligation under this chapter.

(b) The basic child support obligation shall be determined by referencing the guideline
for the appropriate number of joint children and the combined parental income for
determining child support of the parents.

(c) If a child is not in the custody of either parent and a support order is sought against
one or both parents, the basic child support obligation shall be determined by referencing
the guideline for the appropriate number of joint children, and the parent's individual parental
income for determining child support, not the combined parental incomes for determining
child support of the parents. Unless a parent has court-ordered parenting time, the parenting
expense adjustment formula under section 518A.34 must not be applied.

(d) If a child is deleted text beginin custody of either parentdeleted text end new text beginnot residing with the parent that has
court-ordered or statutory custody
new text end and a support order is sought deleted text beginby the public authoritydeleted text end
under section 256.87new text begin against one or both parentsnew text end, deleted text beginunless the parent against whom the support
order is sought has court-ordered parenting time,
deleted text end the new text beginbasicnew text end support obligation must be
determined by referencing the guideline for the appropriate number of joint children and
the parent's individual income without application of the parenting expense adjustment
formula under section 518A.34.

(e) For combined parental incomes for determining child support exceeding deleted text begin$15,000deleted text endnew text begin
$20,000
new text end per month, the presumed basic child support obligations shall be as for parents
with combined parental income for determining child support of deleted text begin$15,000deleted text endnew text begin $20,000new text end per month.
A basic child support obligation in excess of this level may be demonstrated for those reasons
set forth in section 518A.43.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 4.

Minnesota Statutes 2020, section 518A.35, subdivision 2, is amended to read:


Subd. 2.

Basic support; guideline.

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$799
deleted text endnew text begin $1,399
new text end
$50
deleted text begin $50
deleted text end new text begin $60
new text end
deleted text begin $75
deleted text end new text begin $70
new text end
deleted text begin $75
deleted text end new text begin $80
new text end
deleted text begin $100
deleted text end new text begin $90
new text end
$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
deleted text begin 251
deleted text end new text begin 60
new text end
deleted text begin 368
deleted text end new text begin 75
new text end
deleted text begin 425
deleted text end new text begin 85
new text end
deleted text begin 493
deleted text end new text begin 100
new text end
deleted text begin 573
deleted text end new text begin 110
new text end
deleted text begin 664
deleted text end new text begin 120
new text end
1,500- 1,599
deleted text begin 292
deleted text end new text begin 75
new text end
deleted text begin 433
deleted text end new text begin 90
new text end
deleted text begin 500
deleted text end new text begin 105
new text end
deleted text begin 580
deleted text end new text begin 125
new text end
deleted text begin 673
deleted text end new text begin 135
new text end
deleted text begin 780
deleted text end new text begin 145
new text end
1,600- 1,699
deleted text begin 337
deleted text end new text begin 90
new text end
deleted text begin 502
deleted text end new text begin 110
new text end
deleted text begin 580
deleted text end new text begin 130
new text end
deleted text begin 673
deleted text end new text begin 150
new text end
deleted text begin 781
deleted text end new text begin 160
new text end
deleted text begin 905
deleted text end new text begin 170
new text end
1,700- 1,799
deleted text begin 385
deleted text end new text begin 110
new text end
deleted text begin 577
deleted text end new text begin 130
new text end
deleted text begin 666
deleted text end new text begin 155
new text end
deleted text begin 773
deleted text end new text begin 175
new text end
deleted text begin 897
deleted text end new text begin 185
new text end
deleted text begin 1,040
deleted text end new text begin 195
new text end
1,800- 1,899
deleted text begin 436
deleted text end new text begin 130
new text end
deleted text begin 657
deleted text end new text begin 150
new text end
deleted text begin 758
deleted text end new text begin 180
new text end
deleted text begin 880
deleted text end new text begin 200
new text end
deleted text begin 1,021
deleted text end new text begin 210
new text end
deleted text begin 1,183
deleted text end new text begin 220
new text end
1,900- 1,999
deleted text begin 490
deleted text end new text begin 150
new text end
deleted text begin 742
deleted text end new text begin 175
new text end
deleted text begin 856
deleted text end new text begin 205
new text end
deleted text begin 994
deleted text end new text begin 235
new text end
deleted text begin 1,152
deleted text end new text begin 245
new text end
deleted text begin 1,336
deleted text end new text begin 255
new text end
2,000- 2,099
deleted text begin 516
deleted text end new text begin 170
new text end
deleted text begin 832
deleted text end new text begin 200
new text end
deleted text begin 960
deleted text end new text begin 235
new text end
deleted text begin 1,114
deleted text end new text begin 270
new text end
deleted text begin 1,292
deleted text end new text begin 285
new text end
deleted text begin 1,498
deleted text end new text begin 295
new text end
2,100- 2,199
deleted text begin 528
deleted text end new text begin 190
new text end
deleted text begin 851
deleted text end new text begin 225
new text end
deleted text begin 981
deleted text end new text begin 265
new text end
deleted text begin 1,139
deleted text end new text begin 305
new text end
deleted text begin 1,320
deleted text end new text begin 325
new text end
deleted text begin 1,531
deleted text end new text begin 335
new text end
2,200- 2,299
deleted text begin 538
deleted text end new text begin 215
new text end
deleted text begin 867
deleted text end new text begin 255
new text end
deleted text begin 1,000
deleted text end new text begin 300
new text end
deleted text begin 1,160
deleted text end new text begin 345
new text end
deleted text begin 1,346
deleted text end new text begin 367
new text end
deleted text begin 1,561
deleted text end new text begin 379
new text end
2,300- 2,399
deleted text begin 546
deleted text end new text begin 240
new text end
deleted text begin 881
deleted text end new text begin 285
new text end
deleted text begin 1,016
deleted text end new text begin 335
new text end
deleted text begin 1,179
deleted text end new text begin 385
new text end
deleted text begin 1,367
deleted text end new text begin 409
new text end
deleted text begin 1,586
deleted text end new text begin 423
new text end
2,400- 2,499
deleted text begin 554
deleted text end new text begin 265
new text end
deleted text begin 893
deleted text end new text begin 315
new text end
deleted text begin 1,029
deleted text end new text begin 370
new text end
deleted text begin 1,195
deleted text end new text begin 425
new text end
deleted text begin 1,385
deleted text end new text begin 451
new text end
deleted text begin 1,608
deleted text end new text begin 467
new text end
2,500- 2,599
deleted text begin 560
deleted text end new text begin 290
new text end
deleted text begin 903
deleted text end new text begin 350
new text end
deleted text begin 1,040
deleted text end new text begin 408
new text end
deleted text begin 1,208
deleted text end new text begin 465
new text end
deleted text begin 1,400
deleted text end new text begin 493
new text end
deleted text begin 1,625
deleted text end new text begin 511
new text end
2,600- 2,699
deleted text begin 570
deleted text end new text begin 315
new text end
deleted text begin 920
deleted text end new text begin 385
new text end
deleted text begin 1,060
deleted text end new text begin 446
new text end
deleted text begin 1,230
deleted text end new text begin 505
new text end
deleted text begin 1,426
deleted text end new text begin 535
new text end
deleted text begin 1,655
deleted text end new text begin 555
new text end
2,700- 2,799
deleted text begin 580
deleted text end new text begin 340
new text end
deleted text begin 936
deleted text end new text begin 420
new text end
deleted text begin 1,078
deleted text end new text begin 484
new text end
deleted text begin 1,251
deleted text end new text begin 545
new text end
deleted text begin 1,450
deleted text end new text begin 577
new text end
deleted text begin 1,683
deleted text end new text begin 599
new text end
2,800- 2,899
deleted text begin 589
deleted text end new text begin 365
new text end
deleted text begin 950
deleted text end new text begin 455
new text end
deleted text begin 1,094
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new text begin 2,887
new text end
new text begin 3,117
new text end
new text begin 3,304
new text end
new text begin 3,437
new text end
new text begin 19,600-19,699
new text end
new text begin 1,815
new text end
new text begin 2,541
new text end
new text begin 2,896
new text end
new text begin 3,127
new text end
new text begin 3,315
new text end
new text begin 3,448
new text end
new text begin 19,700-19,799
new text end
new text begin 1,821
new text end
new text begin 2,550
new text end
new text begin 2,906
new text end
new text begin 3,138
new text end
new text begin 3,326
new text end
new text begin 3,459
new text end
new text begin 19,800-19,899
new text end
new text begin 1,827
new text end
new text begin 2,558
new text end
new text begin 2,915
new text end
new text begin 3,148
new text end
new text begin 3,337
new text end
new text begin 3,470
new text end
new text begin 19,900-19,999
new text end
new text begin 1,833
new text end
new text begin 2,567
new text end
new text begin 2,925
new text end
new text begin 3,159
new text end
new text begin 3,348
new text end
new text begin 3,481
new text end
new text begin 20,000 and over or
the amount in
effect under
subdivision 4
new text end
new text begin 1,839
new text end
new text begin 2,575
new text end
new text begin 2,935
new text end
new text begin 3,170
new text end
new text begin 3,359
new text end
new text begin 3,492
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 5.

Minnesota Statutes 2020, section 518A.39, subdivision 7, is amended to read:


Subd. 7.

Child care exception.

Child care support must be based on the actual child
care expenses. The court may provide that a decrease in the amount of the child care based
on a decrease in the actual child care expenses is effective as of the date the expense is
decreased.new text begin Under section 518A.40, subdivision 4, paragraph (d), a decrease in the amount
of child care support shall be effective as of the date the expenses terminated unless otherwise
found by the court.
new text end

Sec. 6.

Minnesota Statutes 2020, section 518A.40, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Child care cost information. new text end

new text begin (a) Upon the request of the obligor when child
care support is ordered to be paid, unless there is a protective or restraining order issued by
the court regarding one of the parties or on behalf of a joint child, or the obligee is a
participant in the Safe at Home program:
new text end

new text begin (1) the obligee must give the child care provider the name and address of the obligor
and must give the obligor the name, address, and telephone number of the child care provider;
new text end

new text begin (2) by February 1 of each year, the obligee must provide the obligor with verification
from the child care provider that indicates the total child care expenses paid for the previous
year; and
new text end

new text begin (3) when there is a change in the child care provider, the type of child care provider, or
the age group of the child, the obligee must provide updated information to the obligor
within 90 calendar days. If the obligee fails to provide the annual verification from the
provider or updated information, the obligor may request the verification from the provider.
new text end

new text begin (b) When the obligee is no longer incurring child care expenses, the obligee must notify
the obligor, and the public authority if it provides child support services, that the child care
expenses ended and on which date. If the public authority is providing services, the public
authority must follow the procedure outlined in subdivision 4.
new text end

Sec. 7.

Minnesota Statutes 2020, section 518A.40, subdivision 4, is amended to read:


Subd. 4.

Change in child care.

(a) When a court order provides for child care expenses,
and child care support is not assigned under section 256.741, the public authority, if the
public authority provides child support enforcement services, may suspend collecting the
amount allocated for child care expenses when either party informs the public authority that
no child care deleted text begincostsdeleted text endnew text begin expensesnew text end are being incurred and:

(1) the public authority verifies the accuracy of the information with the obligee; or

(2) the obligee fails to respond within 30 days of the date of a written request from the
public authority for information regarding child care costs. A written or oral response from
the obligee that child care costs are being incurred is sufficient for the public authority to
continue collecting child care expenses.

The suspension is effective as of the first day of the month following the date that the public
authority either verified the information with the obligee or the obligee failed to respond.

The public authority will resume collecting child care expenses when either party provides
information that child care costs are incurred, or when a child care support assignment takes
effect under section 256.741, subdivision 4. The resumption is effective as of the first day
of the month after the date that the public authority received the information.

(b) If the parties provide conflicting information to the public authority regarding whether
child care expenses are being incurred, the public authority will continue or resume collecting
child care expenses. Either party, by motion to the court, may challenge the suspension,
continuation, or resumption of the collection of child care expenses under this subdivision.
If the public authority suspends collection activities for the amount allocated for child care
expenses, all other provisions of the court order remain in effect.

(c) In cases where there is a substantial increase or decrease in child care expenses, the
parties may modify the order under section 518A.39.

new text begin (d) In cases where child care expenses have terminated, the parties may modify the order
under section 518A.39.
new text end

new text begin (e) When the public authority is providing child support services, the parties may contact
the public authority about the option of a stipulation to modify or terminate the child care
support amount.
new text end

Sec. 8.

Minnesota Statutes 2020, section 518A.42, is amended to read:


518A.42 ABILITY TO PAY; SELF-SUPPORT ADJUSTMENT.

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 begingross incomedeleted text endnew text begin parental income for determining child support (PICS)new text end.
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 gross
income is less than 120 percent of the federal poverty guidelines for one person, the minimum
support amount under subdivision 2 applies.

Subd. 2.

Minimum basic support amount.

(a) If the basic support amount applies, the
court must order the following amount as the minimum basic support obligation:

(1) for one deleted text beginor two childrendeleted text endnew text begin childnew text end, the obligor's basic support obligation is $50 per month;

(2) new text beginfor two children, the obligor's basic support obligation is $60 per month;
new text end

new text begin (3) new text endfor three deleted text beginor fourdeleted text end children, the obligor's basic support obligation is deleted text begin$75deleted text endnew text begin $70new text end per month;
deleted text begin and
deleted text end

new text begin (4) for four children, the obligor's basic support obligation is $80 per month;
new text end

deleted text begin (3)deleted text endnew text begin (5)new text end for five deleted text beginor moredeleted text end children, the obligor's basic support obligation is deleted text begin$100deleted text endnew text begin $90new text end per
monthdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (6) for six or more children, the obligor's basic support obligation is $100 per month.
new text end

(b) If the court orders the obligor to pay the minimum basic support amount under this
subdivision, the obligor is presumed unable to pay child care support and medical support.

deleted text begin If the court finds the obligor receives no income and completely lacks the ability to earn
income, the minimum basic support amount under this subdivision does not apply.
deleted text end

Subd. 3.

Exception.

new text begin(a) new text endThis section does not apply to an obligor who is incarcerated.

new text begin (b) If the court finds the obligor receives no income and completely lacks the ability to
earn income, the minimum basic support amount under this subdivision does not apply.
new text end

new text begin (c) If the obligor's basic support amount is reduced below the minimum basic support
amount due to the application of the parenting expense adjustment, the minimum basic
support amount under this subdivision does not apply and the lesser amount is the guideline
basic support.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 9.

Minnesota Statutes 2020, section 518A.43, is amended by adding a subdivision to
read:


new text begin Subd. 1b. new text end

new text begin Increase in income of custodial parent. new text end

new text begin In a modification of support under
section 518A.39, the court may deviate from the presumptive child support obligation under
section 518A.34 when the only change in circumstances is an increase to the custodial
parent's income and:
new text end

new text begin (1) the basic support increases;
new text end

new text begin (2) the parties' combined gross income is $6,000 or less; or
new text end

new text begin (3) the obligor's income is $2,000 or less.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 10.

Minnesota Statutes 2020, section 518A.685, is amended to read:


518A.685 CONSUMER REPORTING AGENCY; REPORTING ARREARS.

(a) If a public authority determines that an obligor has not paid the current monthly
support obligation plus any required arrearage payment for three months, the public authority
deleted text begin mustdeleted text endnew text begin maynew text end report this information to a consumer reporting agency.

(b) Before reporting that an obligor is in arrears for court-ordered child support, the
public authority must:

(1) provide written notice to the obligor that the public authority intends to report the
arrears to a consumer reporting agency; and

(2) mail the written notice to the obligor's last known mailing address at least 30 days
before the public authority reports the arrears to a consumer reporting agency.

(c) The obligor may, within 21 days of receipt of the notice, do the following to prevent
the public authority from reporting the arrears to a consumer reporting agency:

(1) pay the arrears in full; deleted text beginor
deleted text end

(2) request an administrative review. An administrative review is limited to issues of
mistaken identity, a pending legal action involving the arrears, or an incorrect arrears
balancedeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) enter into a written payment agreement pursuant to section 518A.69 that is approved
by a court, a child support magistrate, or the public authority responsible for child support
enforcement.
new text end

(d) A public authority that reports arrearage information under this section must make
monthly reports to a consumer reporting agency. The monthly report must be consistent
with credit reporting industry standards for child support.

(e) For purposes of this section, "consumer reporting agency" has the meaning given in
section 13C.001, subdivision 4, and United States Code, title 15, section 1681a(f).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

ARTICLE 2

INTEREST ON CHILD SUPPORT JUDGMENTS

Section 1.

Minnesota Statutes 2020, section 518.68, subdivision 2, is amended to read:


Subd. 2.

Contents.

The required notices must be substantially as follows:

IMPORTANT NOTICE

1. PAYMENTS TO PUBLIC AGENCY

According to Minnesota Statutes, section 518A.50, payments ordered for maintenance
and support must be paid to the public agency responsible for child support enforcement
as long as the person entitled to receive the payments is receiving or has applied for
public assistance or has applied for support and maintenance collection services. MAIL
PAYMENTS TO:

2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY

A person may be charged with a felony who conceals a minor child or takes, obtains,
retains, or fails to return a minor child from or to the child's parent (or person with
custodial or visitation rights), according to Minnesota Statutes, section 609.26. A copy
of that section is available from any district court clerk.

3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES

A person who fails to pay court-ordered child support or maintenance may be charged
with a crime, which may include misdemeanor, gross misdemeanor, or felony charges,
according to Minnesota Statutes, section 609.375. A copy of that section is available
from any district court clerk.

4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME

(a) Payment of support or spousal maintenance is to be as ordered, and the giving of
gifts or making purchases of food, clothing, and the like will not fulfill the obligation.

(b) Payment of support must be made as it becomes due, and failure to secure or denial
of parenting time is NOT an excuse for nonpayment, but the aggrieved party must seek
relief through a proper motion filed with the court.

(c) Nonpayment of support is not grounds to deny parenting time. The party entitled to
receive support may apply for support and collection services, file a contempt motion,
or obtain a judgment as provided in Minnesota Statutes, section 548.091.

(d) The payment of support or spousal maintenance takes priority over payment of debts
and other obligations.

(e) A party who accepts additional obligations of support does so with the full knowledge
of the party's prior obligation under this proceeding.

(f) Child support or maintenance is based on annual income, and it is the responsibility
of a person with seasonal employment to budget income so that payments are made
throughout the year as ordered.

(g) Reasonable parenting time guidelines are contained in Appendix B, which is available
from the court administrator.

(h) The nonpayment of support may be enforced through the denial of student grants;
interception of state and federal tax refunds; suspension of driver's, recreational, and
occupational licenses; referral to the department of revenue or private collection agencies;
seizure of assets, including bank accounts and other assets held by financial institutions;
reporting to credit bureaus; deleted text begininterest charging,deleted text end income withholdingdeleted text begin,deleted text end and contempt
proceedings; and other enforcement methods allowed by law.

(i) The public authority may suspend or resume collection of the amount allocated for
child care expenses if the conditions of Minnesota Statutes, section 518A.40, subdivision
4
, are met.

(j) The public authority may remove or resume a medical support offset if the conditions
of Minnesota Statutes, section 518A.41, subdivision 16, are met.

deleted text begin (k) The public authority may suspend or resume interest charging on child support
judgments if the conditions of Minnesota Statutes, section 548.091, subdivision 1a, are met.
deleted text end

5. MODIFYING CHILD SUPPORT

If either the obligor or obligee is laid off from employment or receives a pay reduction,
child support may be modified, increased, or decreased. Any modification will only take
effect when it is ordered by the court, and will only relate back to the time that a motion
is filed. Either the obligor or obligee may file a motion to modify child support, and may
request the public agency for help. UNTIL A MOTION IS FILED, THE CHILD
SUPPORT OBLIGATION WILL CONTINUE AT THE CURRENT LEVEL. THE
COURT IS NOT PERMITTED TO REDUCE SUPPORT RETROACTIVELY.

6. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17,
SUBDIVISION 3

Unless otherwise provided by the Court:

(a) Each party has the right of access to, and to receive copies of, school, medical, dental,
religious training, and other important records and information about the minor children.
Each party has the right of access to information regarding health or dental insurance
available to the minor children. Presentation of a copy of this order to the custodian of
a record or other information about the minor children constitutes sufficient authorization
for the release of the record or information to the requesting party.

(b) Each party shall keep the other informed as to the name and address of the school
of attendance of the minor children. Each party has the right to be informed by school
officials about the children's welfare, educational progress and status, and to attend
school and parent teacher conferences. The school is not required to hold a separate
conference for each party.

(c) In case of an accident or serious illness of a minor child, each party shall notify the
other party of the accident or illness, and the name of the health care provider and the
place of treatment.

(d) Each party has the right of reasonable access and telephone contact with the minor
children.

7. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE

Child support and/or spousal maintenance may be withheld from income, with or without
notice to the person obligated to pay, when the conditions of Minnesota Statutes, section
518A.53 have been met. A copy of those sections is available from any district court
clerk.

8. CHANGE OF ADDRESS OR RESIDENCE

Unless otherwise ordered, each party shall notify the other party, the court, and the public
authority responsible for collection, if applicable, of the following information within
ten days of any change: the residential and mailing address, telephone number, driver's
license number, Social Security number, and name, address, and telephone number of
the employer.

9. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE

Basic support and/or spousal maintenance may be adjusted every two years based upon
a change in the cost of living (using Department of Labor Consumer Price Index ..........,
unless otherwise specified in this order) when the conditions of Minnesota Statutes,
section 518A.75, are met. Cost of living increases are compounded. A copy of Minnesota
Statutes, section 518A.75, and forms necessary to request or contest a cost of living
increase are available from any district court clerk.

10. JUDGMENTS FOR UNPAID SUPPORT

If a person fails to make a child support payment, the payment owed becomes a judgment
against the person responsible to make the payment by operation of law on or after the
date the payment is due, and the person entitled to receive the payment or the public
agency may obtain entry and docketing of the judgment WITHOUT NOTICE to the
person responsible to make the payment under Minnesota Statutes, section 548.091.
deleted text begin Interest begins to accrue on a payment or installment of child support whenever the
unpaid amount due is greater than the current support due, according to Minnesota
Statutes, section 548.091, subdivision 1a.
deleted text end

11. JUDGMENTS FOR UNPAID MAINTENANCE

new text begin (a) new text endA judgment for unpaid spousal maintenance may be entered when the conditions of
Minnesota Statutes, section 548.091, are met. A copy of that section is available from
any district court clerk.

new text begin (b) The public authority is not responsible for calculating interest on any judgment for
unpaid spousal maintenance. When providing services in IV-D cases, as defined in
Minnesota Statutes, section 518A.26, subdivision 10, the public authority will only
collect interest on spousal maintenance if spousal maintenance is reduced to a sum
certain judgment.
new text end

12. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD
SUPPORT

A judgment for attorney fees and other collection costs incurred in enforcing a child
support order will be entered against the person responsible to pay support when the
conditions of Minnesota Statutes, section 518A.735, are met. A copy of Minnesota
Statutes, sections 518.14 and 518A.735 and forms necessary to request or contest these
attorney fees and collection costs are available from any district court clerk.

13. PARENTING TIME EXPEDITOR PROCESS

On request of either party or on its own motion, the court may appoint a parenting time
expeditor to resolve parenting time disputes under Minnesota Statutes, section 518.1751.
A copy of that section and a description of the expeditor process is available from any
district court clerk.

14. PARENTING TIME REMEDIES AND PENALTIES

Remedies and penalties for the wrongful denial of parenting time are available under
Minnesota Statutes, section 518.175, subdivision 6. These include compensatory parenting
time; civil penalties; bond requirements; contempt; and reversal of custody. A copy of
that subdivision and forms for requesting relief are available from any district court
clerk.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 2.

Minnesota Statutes 2020, section 548.091, subdivision 1a, is amended to read:


Subd. 1a.

Child support judgment by operation of law.

deleted text begin(a)deleted text end Any payment or installment
of support required by a judgment or decree of dissolution or legal separation, determination
of parentage, an order under chapter 518C, an order under section 256.87, or an order under
section 260B.331 or 260C.331, that is not paid or withheld from the obligor's income as
required under section 518A.53, or which is ordered as child support by judgment, decree,
or order by a court in any other state, is a judgment by operation of law on and after the
date it is due, is entitled to full faith and credit in this state and any other state, and shall be
entered and docketed by the court administrator on the filing of affidavits as provided in
subdivision 2a. deleted text beginExcept as otherwise provided by paragraphs (b) and (e), interest accrues
from the date the unpaid amount due is greater than the current support due at the annual
rate provided in section 549.09, subdivision 1, not to exceed an annual rate of 18 percent.
deleted text end
A payment or installment of support that becomes a judgment by operation of law between
the date on which a party served notice of a motion for modification under section 518A.39,
subdivision 2
, and the date of the court's order on modification may be modified under that
subdivision.new text begin Interest does not accrue on a judgment for child support, confinement and
pregnancy expenses, or genetic testing fees.
new text end

deleted text begin (b) Notwithstanding the provisions of section 549.09, upon motion to the court and upon
proof by the obligor of 12 consecutive months of complete and timely payments of both
current support and court-ordered paybacks of a child support debt or arrearage, the court
may order interest on the remaining debt or arrearage to stop accruing. Timely payments
are those made in the month in which they are due. If, after that time, the obligor fails to
make complete and timely payments of both current support and court-ordered paybacks
of child support debt or arrearage, the public authority or the obligee may move the court
for the reinstatement of interest as of the month in which the obligor ceased making complete
and timely payments.
deleted text end

deleted text begin The court shall provide copies of all orders issued under this section to the public
authority. The state court administrator shall prepare and make available to the court and
the parties forms to be submitted by the parties in support of a motion under this paragraph.
deleted text end

deleted text begin (c) Notwithstanding the provisions of section 549.09, upon motion to the court, the court
may order interest on a child support debt or arrearage to stop accruing where the court
finds that the obligor is:
deleted text end

deleted text begin (1) unable to pay support because of a significant physical or mental disability;
deleted text end

deleted text begin (2) a recipient of Supplemental Security Income (SSI), Title II Older Americans Survivor's
Disability Insurance (OASDI), other disability benefits, or public assistance based upon
need; or
deleted text end

deleted text begin (3) institutionalized or incarcerated for at least 30 days for an offense other than
nonsupport of the child or children involved, and is otherwise financially unable to pay
support.
deleted text end

deleted text begin (d) If the conditions in paragraph (c) no longer exist, upon motion to the court, the court
may order interest accrual to resume retroactively from the date of service of the motion to
resume the accrual of interest.
deleted text end

deleted text begin (e) Notwithstanding section 549.09, the public authority must suspend the charging of
interest when:
deleted text end

deleted text begin (1) the obligor makes a request to the public authority that the public authority suspend
the charging of interest;
deleted text end

deleted text begin (2) the public authority provides full IV-D child support services; and
deleted text end

deleted text begin (3) the obligor has made, through the public authority, 12 consecutive months of complete
and timely payments of both current support and court-ordered paybacks of a child support
debt or arrearage.
deleted text end

deleted text begin Timely payments are those made in the month in which they are due.
deleted text end

deleted text begin Interest charging must be suspended on the first of the month following the date of the
written notice of the public authority's action to suspend the charging of interest. If, after
interest charging has been suspended, the obligor fails to make complete and timely payments
of both current support and court-ordered paybacks of child support debt or arrearage, the
public authority may resume the charging of interest as of the first day of the month in which
the obligor ceased making complete and timely payments.
deleted text end

deleted text begin The public authority must provide written notice to the parties of the public authority's
action to suspend or resume the charging of interest. The notice must inform the parties of
the right to request a hearing to contest the public authority's action. The notice must be
sent by first class mail to the parties' last known addresses.
deleted text end

deleted text begin A party may contest the public authority's action to suspend or resume the charging of
interest if the party makes a written request for a hearing within 30 days of the date of written
notice. If a party makes a timely request for a hearing, the public authority must schedule
a hearing and send written notice of the hearing to the parties by mail to the parties' last
known addresses at least 14 days before the hearing. The hearing must be conducted in
district court or in the expedited child support process if section 484.702 applies. The district
court or child support magistrate must determine whether suspending or resuming the interest
charging is appropriate and, if appropriate, the effective date.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, section 548.091, subdivision 2a, is amended to read:


Subd. 2a.

Entry and docketing of child support judgment.

(a) On or after the date an
unpaid amount becomes a judgment by operation of law under subdivision 1a, the obligee
or the public authority may file with the court administrator:

(1) a statement identifying, or a copy of, the judgment or decree of dissolution or legal
separation, determination of parentage, order under chapter 518B or 518C, an order under
section 256.87, an order under section 260B.331 or 260C.331, or judgment, decree, or order
for child support by a court in any other state, which provides for periodic installments of
child support, or a judgment or notice of attorney fees and collection costs under section
518A.735;

(2) an affidavit of default. The affidavit of default must state the full name, occupation,
place of residence, and last known post office address of the obligor, the name of the obligee,
the date or dates payment was due and not received and judgment was obtained by operation
of law, the total amount of the judgments to be entered and docketed; and

(3) an affidavit of service of a notice of intent to enter and docket judgment and to recover
attorney fees and collection costs on the obligor, in person or by first class mail at the
obligor's last known post office address. Service is completed upon mailing in the manner
designated. Where applicable, a notice of interstate lien in the form promulgated under
United States Code, title 42, section 652(a), is sufficient to satisfy the requirements of clauses
(1) and (2).

(b) A judgment entered and docketed under this subdivision has the same effect and is
subject to the same procedures, defenses, and proceedings as any other judgment in district
court, and may be enforced or satisfied in the same manner as judgments under section
548.09, except as otherwise provided.

new text begin (c) A judgment entered and docketed under this subdivision is not subject to interest
charging or accrual.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 4.

Minnesota Statutes 2020, section 548.091, subdivision 3b, is amended to read:


Subd. 3b.

Child support judgment administrative renewals.

Child support judgments
may be renewed by service of notice upon the debtor. Service must be by first class mail at
the last known address of the debtor, with service deemed complete upon mailing in the
manner designated, or in the manner provided for the service of civil process. Upon the
filing of the notice and proof of service, the court administrator shall administratively renew
the judgment for child support without any additional filing fee in the same court file as the
original child support judgment. The judgment must be renewed in an amount equal to the
unpaid principal plus the deleted text beginaccrueddeleted text end unpaid interestnew text begin accrued prior to August 1, 2022new text end. Child
support judgments may be renewed multiple times until paid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 5.

Minnesota Statutes 2020, section 548.091, subdivision 9, is amended to read:


Subd. 9.

Payoff statement.

The public authority shall issue to the obligor, attorneys,
lenders, and closers, or their agents, a payoff statement setting forth conclusively the amount
necessary to satisfy the lien. Payoff statements must be issued within three business days
after receipt of a request by mail, personal delivery, telefacsimile, or electronic mail
transmission, and must be delivered to the requester by telefacsimile or electronic mail
transmission if requested and if appropriate technology is available to the public authority.new text begin
If the payoff statement includes amounts for unpaid maintenance, the statement shall specify
that the public authority does not calculate accrued interest and that an interest balance in
addition to the payoff statement may be owed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 6.

Minnesota Statutes 2020, section 548.091, subdivision 10, is amended to read:


Subd. 10.

Release of lien.

Upon payment of the new text beginchild support new text endamount due, the public
authority shall execute and deliver a satisfaction of the judgment lien within five business
days.new text begin The public authority is not responsible for satisfaction of judgments for unpaid
maintenance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 7.

Minnesota Statutes 2020, section 549.09, subdivision 1, is amended to read:


Subdivision 1.

When owed; rate.

(a) When a judgment or award is for the recovery of
money, including a judgment for the recovery of taxes, interest from the time of the verdict,
award, or report until judgment is finally entered shall be computed by the court administrator
or arbitrator as provided in paragraph (c) and added to the judgment or award.

(b) Except as otherwise provided by contract or allowed by law, preverdict, preaward,
or prereport interest on pecuniary damages shall be computed as provided in paragraph (c)
from the time of the commencement of the action or a demand for arbitration, or the time
of a written notice of claim, whichever occurs first, except as provided herein. The action
must be commenced within two years of a written notice of claim for interest to begin to
accrue from the time of the notice of claim. If either party serves a written offer of settlement,
the other party may serve a written acceptance or a written counteroffer within 30 days.
After that time, interest on the judgment or award shall be calculated by the judge or arbitrator
in the following manner. The prevailing party shall receive interest on any judgment or
award from the time of commencement of the action or a demand for arbitration, or the time
of a written notice of claim, or as to special damages from the time when special damages
were incurred, if later, until the time of verdict, award, or report only if the amount of its
offer is closer to the judgment or award than the amount of the opposing party's offer. If
the amount of the losing party's offer was closer to the judgment or award than the prevailing
party's offer, the prevailing party shall receive interest only on the amount of the settlement
offer or the judgment or award, whichever is less, and only from the time of commencement
of the action or a demand for arbitration, or the time of a written notice of claim, or as to
special damages from when the special damages were incurred, if later, until the time the
settlement offer was made. Subsequent offers and counteroffers supersede the legal effect
of earlier offers and counteroffers. For the purposes of clause (2), the amount of settlement
offer must be allocated between past and future damages in the same proportion as determined
by the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
preaward, or prereport interest shall not be awarded on the following:

(1) judgments, awards, or benefits in workers' compensation cases, but not including
third-party actions;

(2) judgments or awards for future damages;

(3) punitive damages, fines, or other damages that are noncompensatory in nature;

(4) judgments or awards not in excess of the amount specified in section 491A.01; and

(5) that portion of any verdict, award, or report which is founded upon interest, or costs,
disbursements, attorney fees, or other similar items added by the court or arbitrator.

(c)(1)(i) For a judgment or award of $50,000 or less or a judgment or award for or against
the state or a political subdivision of the state, regardless of the amount, or a judgment or
award in a family court action, new text beginexcept for a child support judgment, new text endregardless of the amount,
the interest shall be computed as simple interest per annum. The rate of interest shall be
based on the secondary market yield of one year United States Treasury bills, calculated on
a bank discount basis as provided in this section.

On or before the 20th day of December of each year the state court administrator shall
determine the rate from the one-year constant maturity treasury yield for the most recent
calendar month, reported on a monthly basis in the latest statistical release of the board of
governors of the Federal Reserve System. This yield, rounded to the nearest one percent,
or four percent, whichever is greater, shall be the annual interest rate during the succeeding
calendar year. The state court administrator shall communicate the interest rates to the court
administrators and sheriffs for use in computing the interest on verdicts and shall make the
interest rates available to arbitrators.

This item applies to any section that references section 549.09 by citation for the purposes
of computing an interest rate on any amount owed to or by the state or a political subdivision
of the state, regardless of the amount.

(ii) The court, in a family court action, may order a lower interest rate or no interest rate
if the parties agree or if the court makes findings explaining why application of a lower
interest rate or no interest rate is necessary to avoid causing an unfair hardship to the debtor.
This item does not apply to child support or spousal maintenance judgments subject to
section 548.091.

(2) For a judgment or award over $50,000, other than a judgment or award for or against
the state or a political subdivision of the state or a judgment or award in a family court
action, the interest rate shall be ten percent per year until paid.

(3) When a judgment creditor, or the judgment creditor's attorney or agent, has received
a payment after entry of judgment, whether the payment is made voluntarily by or on behalf
of the judgment debtor, or is collected by legal process other than execution levy where a
proper return has been filed with the court administrator, the judgment creditor, or the
judgment creditor's attorney, before applying to the court administrator for an execution
shall file with the court administrator an affidavit of partial satisfaction. The affidavit must
state the dates and amounts of payments made upon the judgment after the most recent
affidavit of partial satisfaction filed, if any; the part of each payment that is applied to taxable
disbursements and to accrued interest and to the unpaid principal balance of the judgment;
and the accrued, but the unpaid interest owing, if any, after application of each payment.

new text begin (4) Interest shall not accrue on child support judgments.
new text end

(d) This section does not apply to arbitrations between employers and employees under
chapter 179 or 179A. An arbitrator is neither required to nor prohibited from awarding
interest under chapter 179 or under section 179A.16 for essential employees.

(e) For purposes of this subdivision:

(1) "state" includes a department, board, agency, commission, court, or other entity in
the executive, legislative, or judicial branch of the state; and

(2) "political subdivision" includes a town, statutory or home rule charter city, county,
school district, or any other political subdivision of the state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

ARTICLE 3

PARENT EDUCATION PROGRAM REQUIREMENTS

Section 1.

Minnesota Statutes 2020, section 518.157, subdivision 1, is amended to read:


Subdivision 1.

Implementation; administration.

new text begin(a) new text endBy January 1, 1998, the chief
judge of each judicial district or a designee shall implement one or more parent education
programs within the judicial district for the purpose of educating parents about the impact
that divorce, the restructuring of families, and judicial proceedings have upon children and
families; methods for preventing parenting time conflicts; and dispute resolution options.
The chief judge of each judicial district or a designee may require that children attend a
separate education program designed to deal with the impact of divorce upon children as
part of the parent education program. Each parent education program must enable persons
to have timely and reasonable access to education sessions.

new text begin (b) The chief judge of each judicial district shall ensure that the judicial district's website
includes information on the parent education program or programs required under this
section.
new text end

Sec. 2.

Minnesota Statutes 2020, section 518.157, subdivision 3, is amended to read:


Subd. 3.

Attendance.

new text begin(a) new text endIn a proceeding under this chapter where new text beginthe parties have not
agreed to
new text endcustody or new text begina new text endparenting time deleted text beginis contesteddeleted text endnew text begin schedulenew text end, new text beginthe court shall ordernew text end the parents
of a minor child deleted text beginshall attenddeleted text end new text beginto attend or take onlinenew text end a minimum of eight hours in an
orientation and education program that meets the minimum standards promulgated by the
Minnesota Supreme Court.

new text begin (b)new text end In all other proceedings involving custody, support, or parenting time the court may
order the parents of a minor child to attend a parent education program.

new text begin (c)new text end The program shall provide the court with names of persons who fail to attend the
parent education program as ordered by the court. Persons who are separated or contemplating
involvement in a dissolution, paternity, custody, or parenting time proceeding may attend
a parent education program without a court order.

new text begin (d)new text end Unless otherwise ordered by the court, participation in a parent education program
must begin new text beginbefore an initial case management conference and new text endwithin 30 days after the first
filing with the court or as soon as practicable after that time based on the reasonable
availability of classes for the program for the parent. Parent education programs must offer
an opportunity to participate at all phases of a pending or postdecree proceeding.

new text begin (e)new text end Upon request of a party and a showing of good cause, the court may excuse the party
from attending the program. If past or present domestic abuse, as defined in chapter 518B,
is alleged, the court shall not require the parties to attend the same parent education sessions
and shall enter an order setting forth the manner in which the parties may safely participate
in the program.

new text begin (f) Before an initial case management conference for a proceeding under this chapter
where the parties have not agreed to custody or parenting time, the court shall notify the
parties of their option to resolve disagreements, including the development of a parenting
plan, through the use of private mediation.
new text end