as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to family law; providing appropriate child 1.3 support guidelines; amending Minnesota Statutes 2002, 1.4 section 518.64, by adding a subdivision; proposing 1.5 coding for new law in Minnesota Statutes, chapter 518; 1.6 repealing Minnesota Statutes 2002, section 518.551, 1.7 subdivisions 5, 5f. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. [518.571] [CHILD SUPPORT.] 1.10 Subdivision 1. [BASIC SUPPORT OBLIGATION.] In all cases of 1.11 dissolution of marriage, separate maintenance, or adjudication 1.12 of paternity, both parents have an equal duty to pay for the 1.13 actual cost of supplying the reasonable needs of their child or 1.14 children had in common between them in proportion to their 1.15 respective incomes and other resources. The best interests of 1.16 the child or children shall be deemed met when this obligation 1.17 is fairly satisfied as far as practicable after due regard is 1.18 given to the self-support needs of each parent. 1.19 Subd. 2. [SUPPORT GUIDELINES.] (a) The guidelines in this 1.20 subdivision apply as a rebuttable presumption in all child 1.21 support cases in this state. The guidelines must be used for 1.22 temporary and permanent child support orders. The guidelines 1.23 must be used by the court as the basis for reviewing the 1.24 adequacy of child support levels in both contested and 1.25 noncontested cases. The court may deviate from the guidelines 1.26 only if, in light of the evidence offered and received, 2.1 application of them would not conform to the basic obligation of 2.2 child support in subdivision 1. If the court orders an amount 2.3 other than the amount determined by the application of the 2.4 guidelines, the court must make written findings of fact that 2.5 justify the deviation, that state the amount of the award which 2.6 would have resulted from the application of the guidelines, and 2.7 that justify the amount of support awarded by the court. 2.8 The court may consider the following reasons in deviating from 2.9 the guidelines: 2.10 (1) in-kind contributions of either parent; 2.11 (2) extraordinary travel expenses to exercise parenting 2.12 time or shared physical custody; 2.13 (3) educational costs; 2.14 (4) unusually high debt structure, in which case the court 2.15 shall consider a reasonable restructuring plan of the parent's 2.16 repayment of debt and shall consider treating the ongoing 2.17 payment of that debt as a subtraction from that parent's monthly 2.18 adjusted gross income. This adjustment may also include the 2.19 cost of income taxes and other taxes on the income needed for 2.20 payment of this debt; 2.21 (5) ages of the children; 2.22 (6) a child's extraordinary medical costs or needs in 2.23 addition to accident and sickness insurance, provided that all 2.24 the costs or needs must be considered if no insurance is 2.25 available; 2.26 (7) other financial support a parent is providing or will 2.27 be providing, such as payment of a mortgage; 2.28 (8) a parent's own extraordinary needs, such as medical 2.29 expenses; 2.30 (9) considerations of the economic cost-of-living factors 2.31 of the community of each parent, as determined by the trier of 2.32 fact; 2.33 (10) a determination that the gross income of one of the 2.34 parents is substantially higher than that of the other parent; 2.35 (11) any nonminor dependents in either parent's household; 2.36 (12) historical spending in the family on the children as 3.1 guidance for an upper limit to an appropriate award while taking 3.2 into account reduced available income from maintaining two 3.3 households instead of an intact household; and 3.4 (13) any other factor the court considers to be required by 3.5 the ends of justice. 3.6 (b) The guidelines include a self-support reserve that 3.7 ensures the obligors have sufficient income to maintain a 3.8 minimum standard of living based on the federal poverty 3.9 guideline for a household that consists only of one adult. The 3.10 self-support reserve is set at 133 percent of the federal 3.11 poverty guideline for a single person living alone, as 3.12 determined by the federal Department of Health and Human 3.13 Services (DHHS). This figure is updated annually by the DHHS, 3.14 and is published in the Federal Register on or about February 15 3.15 of each year. For purposes of guideline calculations, the 3.16 poverty guideline figure shall be updated March 1 of each year 3.17 or as soon as made available through publication in the Federal 3.18 Register. 3.19 (c) The schedule of basic child costs is based on economic 3.20 data which represent estimates of total expenditures on 3.21 child-rearing costs to age 18 and is inclusive of typical 3.22 expenditures by parents on children, including health insurance 3.23 and health care costs but excluding child care and educational 3.24 expenses which are handled separately as add-ons. These 3.25 expenditures are for a single-parent household with income equal 3.26 to the average of both parents' incomes. 3.27 (d) For the purpose of this section, "income" means actual 3.28 gross income of a parent or potential income if the parent is 3.29 unemployed or underemployed. 3.30 Gross income of each parent should be determined as follows: 3.31 (1) Gross income includes, but is not limited to, income 3.32 from salaries, wages, commissions, bonuses, dividends, severance 3.33 pay, pensions, interest, trust income, annuities, capital gains, 3.34 social security benefits, workers' compensation benefits, 3.35 unemployment insurance benefits, disability pay and insurance 3.36 benefits, gifts, prizes, and alimony or maintenance received 4.1 from persons other than the parents. The computation of gross 4.2 income based on salaries and wages is limited to the earnings of 4.3 a normal 40-hour work week. The income from salary and wages 4.4 excludes overtime earnings or extra, part-time employment 4.5 earnings, as long as the children's basic needs are being met, 4.6 and benefits received from means-tested public assistance 4.7 programs, including, but not limited to, aid to families with 4.8 dependent children (AFDC), temporary assistance to needy 4.9 families (TANF), supplemental security income (SSI), food 4.10 stamps, and general assistance. 4.11 Payments received for the benefit of the children as a 4.12 result of the disability of a parent are counted as part of 4.13 gross income of the disabled parent but also are credited as a 4.14 payment toward the disabled parent's child support obligation. 4.15 (2) For income from self-employment, rent, royalties, 4.16 proprietorship of a business, or joint ownership of a 4.17 partnership or closely held corporation, gross income means 4.18 gross receipts minus ordinary and necessary expenses required 4.19 for self-employment or business operation. Specifically 4.20 excluded from ordinary and necessary expenses for the purposes 4.21 of this section are amounts allowable by the Internal Revenue 4.22 Service for the accelerated component of depreciation expenses, 4.23 investment tax credits, and any other business expenses 4.24 determined by the court to be inappropriate for determining 4.25 gross income for purposes of determining child support. Income 4.26 and expenses from self-employment or operation of a business 4.27 must be carefully reviewed to determine the appropriate level of 4.28 gross income available to the parent to satisfy a child support 4.29 obligation. Self-employment taxes in excess of equivalent 4.30 payroll taxes must be deducted from gross income. In most 4.31 cases, this amount will differ from a determination of business 4.32 income for tax purposes. Expense reimbursements or in-kind 4.33 payments received by a parent in the course of employment, 4.34 self-employment, or operation of a business, such as a company 4.35 car, free housing, or reimbursed meals, must be counted as 4.36 income if they are significant and reduce personal living 5.1 expenses. 5.2 (3) If a parent is voluntarily unemployed or underemployed, 5.3 child support may be calculated based on a determination of 5.4 potential income, except that a determination of potential 5.5 income should not be made for a parent who is physically or 5.6 mentally incapacitated. 5.7 (4) Child support received for any other legally dependent 5.8 child is not income under this section. 5.9 (5) Payment of maintenance, if any, must be determined 5.10 prior to the determination of the child support obligation, 5.11 either on a temporary or permanent basis, and in calculations 5.12 for the child support obligation, must be counted as income for 5.13 the receiving parent and as a deduction from income for the 5.14 paying parent. Maintenance paid or received from separate 5.15 relationships is also counted as excluded or included income, 5.16 respectively. 5.17 (6) Income statements of the parents must be verified with 5.18 documentation of both current and past income. Suitable 5.19 documentation of current earnings includes at least one full 5.20 month's pay stubs, employer statements, or receipts and expenses 5.21 if self-employed. Documentation of current income must be 5.22 supplemented with copies of the most recent tax return to 5.23 provide verification of earnings over a longer period. 5.24 Sanctions may be imposed for failure to comply with this 5.25 provision on the motion of either parent or by the court on its 5.26 own motion. 5.27 (e) The basic child support obligation includes typical 5.28 medical expenses. If the court orders one or both parents to 5.29 pay for medical insurance, then the amount paid by that parent 5.30 or parents for medical insurance for the children must be 5.31 deducted from the basic support obligation that varies according 5.32 to the parents' share of parenting time and must be directly 5.33 attributed as an expense of the parent incurring the cost. The 5.34 portion to be included in the child support calculation is the 5.35 amount of the health insurance premium actually attributable to 5.36 the children subject to the order. If coverage is provided 6.1 through an employer, only the employee's portion of cost may be 6.2 included. This cost must be calculated net of any tax offsets 6.3 that may exist and are specifically attributable to provision of 6.4 the medical insurance. Annual medical or dental expenses in 6.5 excess of $250 per child uncompensated by insurance must be 6.6 divided between the parents in proportion to their respective 6.7 adjusted after-tax incomes. 6.8 (f) Child care and educational costs are not included in 6.9 the schedule of basic child costs and must be added when 6.10 appropriate. These costs must be calculated net of any tax 6.11 benefits directly attributable to incurring these specific child 6.12 costs. 6.13 (g)(1) The amount of child support payments for dependent 6.14 children not a part of the instant action and actually made by a 6.15 parent under any preexisting court order or separation agreement 6.16 must be deducted from the parent's monthly gross income in order 6.17 to determine monthly adjusted gross income and monthly adjusted 6.18 after-tax income. 6.19 (2) The amount of a parent's financial responsibility for 6.20 natural or adopted children currently residing in that parent's 6.21 household who are not involved in this action must be deducted 6.22 from a parent's monthly gross income. For purposes of this 6.23 deduction, a child support award must be imputed for those 6.24 children and deducted from the parent's gross income. 6.25 (3) Actual payments or receipts of alimony or other 6.26 court-ordered maintenance must be deducted from or added to the 6.27 parent's monthly gross income and monthly after-tax income in 6.28 order to determine monthly adjusted gross income and monthly 6.29 adjusted after-tax income. 6.30 (h) The presumptive child support award must not exceed an 6.31 amount that would leave the obligor with income less than needed 6.32 for basic living needs. Additionally, the presumptive child 6.33 support award must not exceed a level that causes or would 6.34 cause, if implemented, income deduction orders to exceed any 6.35 withholding limit as established by the federal Consumer Credit 6.36 Protection Act. 7.1 (i) Both parents have a continuous duty to provide support 7.2 for a minor child. That duty ends automatically, however, when 7.3 the child: 7.4 (1) reaches the age of 18 or graduates from high school, 7.5 whichever occurs later, but in no event does the obligation 7.6 continue after the child reaches the age of 19; 7.7 (2) dies; 7.8 (3) marries; 7.9 (4) lives an emancipated lifestyle; 7.10 (5) enters military service; or 7.11 (6) becomes a fugitive from justice. 7.12 The provisions of this paragraph with regard to a child support 7.13 obligation beyond the age of majority are applicable only to a 7.14 temporary order or final decree for divorce, separate 7.15 maintenance, legitimation, or paternity entered on or after the 7.16 July 1 that immediately follows enactment. 7.17 (j) The enactment of this section constitutes a significant 7.18 material change in the establishment and calculation of child 7.19 support orders. In any proceeding to modify an existing order 7.20 that is two years old or older, an increase or decrease 7.21 respectively of 15 percent or more between the amount of the 7.22 existing order and the amount of child support resulting from 7.23 the application of these guidelines, is presumed to constitute a 7.24 substantial change of circumstances warranting a modification. 7.25 If there is a substantial difference between a new presumptive 7.26 award and the existing award, the court may phase in the new 7.27 award over a time period of up to three years if it is in the 7.28 interests of justice. 7.29 (k) If the parent paying child support suffers an 7.30 involuntary termination of employment, has an extended 7.31 involuntary loss of average weekly hours, is involved in an 7.32 organized strike, suffers a loss of health, or similar 7.33 involuntary adversity resulting in a loss of income of 25 7.34 percent or more, the portion of the child support attributable 7.35 to that lost income does not accrue. 7.36 (l) Which parent must pay child support is determined by 8.1 reference to the factors which make up the basic support 8.2 obligation and the presumptive award, not by reference to the 8.3 award of physical custody. The presumptive child support award 8.4 is determined by applying the following steps: 8.5 (1) determine each parent's monthly gross income; 8.6 (2) determine each parent's monthly adjusted gross income 8.7 by subtracting from monthly gross income preexisting child 8.8 support obligations and other current child support obligations 8.9 not involved in the instant action. Maintenance must be 8.10 deducted or added to monthly gross income appropriately for 8.11 payments made or received; 8.12 (3) determine each parent's monthly adjusted after-tax 8.13 income. Each determination must be calculated assuming single 8.14 taxpayer status with no children and by using standard 8.15 deductions and exemptions as applied to monthly adjusted gross 8.16 income. The child-related tax benefits are taken into account 8.17 in a separate step; 8.18 (4) determine the self-support reserve for basic living 8.19 needs. The self-support reserve is equal to 133 percent of the 8.20 federally defined poverty guideline for a single person living 8.21 alone as published in the Federal Register as submitted by the 8.22 federal Department of Health and Human Services; 8.23 (5) calculate each parent's monthly income available for 8.24 child support by subtracting the self-support reserve from each 8.25 parent's monthly adjusted after-tax income. If a negative 8.26 number results, set it to zero. Add these two values to 8.27 calculate combined monthly income available for child support; 8.28 (6) calculate each parent's share of combined monthly 8.29 income available for child support by dividing each parent's 8.30 monthly income available for child support by the combined 8.31 figure and then multiplying by 100 to put in percentage form; 8.32 (7) determine the parents' basic child costs by averaging 8.33 the parents' monthly adjusted gross incomes and looking up the 8.34 corresponding basic child costs for the appropriate number of 8.35 children in the schedule of basic child costs in paragraph (m); 8.36 (8) determine the amount of court-ordered medical and life 9.1 insurance required of both parents. Portions of medical 9.2 insurance costs that are atypically high may be treated as an 9.3 add-on rather than as part of basic child costs; 9.4 (9) calculate the basic child costs to be prorated by 9.5 parenting time by subtracting combined court-ordered life 9.6 insurance payments from basic child costs; 9.7 (10) calculate each parent's percentage share of the 9.8 children's time, which is the relative percentage of time that 9.9 each parent has primary physical responsibility for the children 9.10 and must total 100 percent. The court may use a conversion 9.11 table for this purpose. In cases in which parents have 9.12 different parenting time responsibilities for different 9.13 children, use the average of the percentages each parent spends 9.14 with each child; 9.15 (11) calculate each parent's incurred basic child costs by 9.16 prorating basic child costs, excluding court-ordered insurance, 9.17 by each parent's share of the children's time; 9.18 (12) identify and enter by appropriate expense column for 9.19 each parent the court-ordered medical and life insurance amounts 9.20 previously included in basic costs and add any significant 9.21 additional child cost items, such as child care, that are not 9.22 included in the schedule of basic child costs. Tax benefit 9.23 offsets should be calculated for child care but included only in 9.24 the calculation in clause (13); 9.25 (13) calculate each parent's tax benefit attributable to 9.26 the children, which must be treated as a child cost offset. 9.27 Unless the parents voluntarily have made a sharing arrangement 9.28 of the tax benefits, the court must allocate the child-related 9.29 tax benefits. For joint custody situations, the court shall 9.30 either order the parents to alternate each year the right to 9.31 claim the child-related tax benefits or name a parent as 9.32 custodian of the tax benefits and then allocate the tax 9.33 benefit. Each parent's child-related tax benefit is defined as 9.34 the difference between a parent's after-tax income with the 9.35 child-related tax benefits versus after-tax income as a single 9.36 taxpayer without the tax benefits. This calculation must be 10.1 made net of alimony paid or received. The child-related tax 10.2 benefit includes any child-related welfare benefits, such as WIC 10.3 payments, for which child support is not a reimbursement to the 10.4 state. Child care tax credits are to be included. At the 10.5 court's discretion, the child-related tax benefit of head of 10.6 household status may be discounted if that parent's itemized 10.7 deductions normally exceed significantly the standard deduction 10.8 for a single taxpayer; 10.9 (14) calculate each parent's incurred total child costs by 10.10 totaling separately each parent's basic child costs and 10.11 additional child cost items, and subtracting the child-related 10.12 tax benefits attributable to the children; 10.13 (15) calculate monthly amount owed to other parent. The 10.14 father's monthly amount owed to mother is equal to the mother's 10.15 incurred total child costs multiplied by the father's share of 10.16 combined monthly income available for child support. The 10.17 mother's monthly amount owed to father is equal to the father's 10.18 incurred total child costs multiplied by the mother's share of 10.19 combined monthly income available for child support; 10.20 (16) calculate the preliminary presumptive child support 10.21 award. The parent with the higher monthly amount owed to other 10.22 parent is the obligor parent. Calculate the preliminary 10.23 presumptive child support award by subtracting the lower monthly 10.24 amount owed to other parent from the higher monthly amount owed 10.25 to other parent. Depending on relative incomes, each parent's 10.26 share of the children's time, and the size of the child-related 10.27 tax benefits, either parent may be the obligor parent. The 10.28 court shall designate which parent is the obligor and which is 10.29 the obligee separately from which is noncustodial and which is 10.30 custodial or jointly custodial; and 10.31 (17) the obligor parent's presumptive child support award 10.32 to be paid is the lesser of that parent's monthly income 10.33 available for child support and the preliminary presumptive 10.34 child support award. 10.35 (m) This paragraph lists the Minnesota child support 10.36 guidelines schedule of basic child costs for a single-parent 11.1 household, excluding child care and education costs, using 11.2 average of parents' monthly adjusted gross income. 11.3 Five or 11.4 Average One Two Three Four More 11.5 Income Child Children Children Children Children 11.6 400 25 25 25 25 25 11.7 450 61 80 88 96 102 11.8 500 96 135 151 167 179 11.9 550 132 190 213 238 256 11.10 600 167 245 276 309 333 11.11 650 203 300 339 380 409 11.12 700 239 356 402 451 486 11.13 750 274 411 464 522 563 11.14 800 310 466 527 593 640 11.15 850 345 521 590 664 717 11.16 900 381 576 653 735 794 11.17 950 416 631 715 806 871 11.18 1,000 452 686 778 877 948 11.19 1,050 456 691 788 889 960 11.20 1,100 462 698 795 897 968 11.21 1,150 465 705 800 902 974 11.22 1,200 469 711 809 912 985 11.23 1,250 474 718 816 920 994 11.24 1,300 479 725 825 930 1,005 11.25 1,350 481 732 831 937 1,012 11.26 1,400 486 739 840 947 1,023 11.27 1,450 492 744 847 955 1,032 11.28 1,500 496 751 855 964 1,041 11.29 1,550 500 759 861 971 1,049 11.30 1,600 505 765 869 980 1,058 11.31 1,650 509 770 877 989 1,068 11.32 1,700 513 778 885 998 1,078 11.33 1,750 517 785 892 1,006 1,086 11.34 1,800 521 791 900 1,015 1,096 11.35 1,850 526 798 907 1,023 1,105 11.36 1,900 530 803 914 1,031 1,113 11.37 1,950 536 812 923 1,041 1,124 11.38 2,000 539 818 929 1,048 1,131 11.39 2,050 543 824 937 1,057 1,141 11.40 2,100 548 831 945 1,066 1,151 11.41 2,150 552 838 952 1,074 1,159 11.42 2,200 557 846 960 1,083 1,169 11.43 2,250 561 850 968 1,092 1,179 11.44 2,300 565 856 976 1,101 1,189 11.45 2,350 570 864 982 1,107 1,196 11.46 2,400 574 870 990 1,116 1,206 11.47 2,450 576 878 999 1,127 1,217 11.48 2,500 582 883 1,005 1,133 1,224 11.49 2,550 588 892 1,013 1,142 1,234 11.50 2,600 592 898 1,020 1,150 1,242 11.51 2,650 597 904 1,029 1,160 1,253 11.52 2,700 600 911 1,037 1,169 1,263 11.53 2,750 604 918 1,043 1,176 1,270 11.54 2,800 609 925 1,052 1,186 1,281 11.55 2,850 613 931 1,059 1,194 1,290 11.56 2,900 617 936 1,067 1,203 1,300 11.57 2,950 621 943 1,075 1,212 1,309 11.58 3,000 626 951 1,082 1,220 1,318 11.59 3,050 631 957 1,089 1,228 1,326 11.60 3,100 635 964 1,097 1,237 1,336 11.61 3,150 639 971 1,104 1,245 1,345 11.62 3,200 644 977 1,113 1,255 1,356 11.63 3,250 648 984 1,119 1,262 1,363 11.64 3,300 652 990 1,127 1,271 1,373 11.65 3,350 657 997 1,134 1,279 1,381 11.66 3,400 661 1,004 1,142 1,288 1,391 11.67 3,450 664 1,011 1,150 1,297 1,401 11.68 3,500 670 1,016 1,156 1,304 1,408 11.69 3,550 674 1,024 1,165 1,314 1,419 12.1 3,600 677 1,029 1,171 1,321 1,426 12.2 3,650 683 1,037 1,181 1,332 1,438 12.3 3,700 688 1,044 1,187 1,339 1,446 12.4 3,750 692 1,051 1,195 1,348 1,455 12.5 3,800 695 1,057 1,202 1,356 1,464 12.6 3,850 700 1,063 1,211 1,366 1,475 12.7 3,900 704 1,072 1,217 1,372 1,482 12.8 3,950 709 1,077 1,225 1,381 1,492 12.9 4,000 713 1,084 1,233 1,390 1,502 12.10 4,050 718 1,091 1,240 1,398 1,510 12.11 4,100 721 1,097 1,247 1,406 1,519 12.12 4,150 725 1,104 1,254 1,414 1,527 12.13 4,200 732 1,109 1,264 1,425 1,539 12.14 4,250 734 1,116 1,270 1,432 1,547 12.15 4,300 739 1,124 1,279 1,442 1,558 12.16 4,350 745 1,131 1,286 1,450 1,566 12.17 4,400 748 1,136 1,294 1,459 1,576 12.18 4,450 753 1,144 1,302 1,468 1,586 12.19 4,500 758 1,151 1,310 1,477 1,596 12.20 4,550 760 1,157 1,318 1,486 1,605 12.21 4,600 765 1,165 1,325 1,494 1,614 12.22 4,650 770 1,171 1,333 1,503 1,624 12.23 4,700 774 1,178 1,340 1,511 1,632 12.24 4,750 780 1,184 1,349 1,521 1,643 12.25 4,800 783 1,190 1,356 1,529 1,652 12.26 4,850 788 1,198 1,364 1,538 1,661 12.27 4,900 794 1,204 1,371 1,546 1,670 12.28 4,950 796 1,213 1,380 1,556 1,681 12.29 5,000 801 1,218 1,387 1,564 1,689 12.30 5,050 807 1,226 1,396 1,574 1,700 12.31 5,100 810 1,232 1,402 1,581 1,708 12.32 5,150 815 1,239 1,410 1,590 1,717 12.33 5,200 819 1,246 1,418 1,599 1,727 12.34 5,250 824 1,253 1,426 1,608 1,737 12.35 5,300 829 1,259 1,434 1,617 1,747 12.36 5,350 832 1,267 1,442 1,626 1,756 12.37 5,400 837 1,272 1,449 1,634 1,765 12.38 5,450 842 1,280 1,457 1,643 1,775 12.39 5,500 845 1,286 1,464 1,651 1,783 12.40 5,550 850 1,293 1,471 1,659 1,792 12.41 5,600 855 1,300 1,481 1,670 1,804 12.42 5,650 859 1,306 1,488 1,678 1,812 12.43 5,700 864 1,314 1,496 1,687 1,822 12.44 5,750 868 1,322 1,503 1,695 1,831 12.45 5,800 872 1,329 1,511 1,704 1,840 12.46 5,850 878 1,336 1,518 1,712 1,849 12.47 5,900 883 1,341 1,527 1,722 1,860 12.48 5,950 887 1,350 1,535 1,731 1,870 12.49 6,000 892 1,354 1,544 1,741 1,881 12.50 6,050 895 1,363 1,550 1,748 1,888 12.51 6,100 900 1,368 1,558 1,757 1,898 12.52 6,150 903 1,376 1,566 1,766 1,907 12.53 6,200 907 1,383 1,574 1,775 1,917 12.54 6,250 913 1,389 1,582 1,784 1,927 12.55 6,300 917 1,397 1,588 1,791 1,934 12.56 6,350 921 1,403 1,597 1,801 1,945 12.57 6,400 927 1,411 1,605 1,810 1,955 12.58 6,450 932 1,417 1,613 1,819 1,965 12.59 6,500 936 1,423 1,620 1,827 1,973 12.60 6,550 939 1,431 1,629 1,837 1,984 12.61 6,600 945 1,437 1,636 1,845 1,993 12.62 6,650 949 1,445 1,644 1,854 2,002 12.63 6,700 953 1,450 1,650 1,861 2,010 12.64 6,750 957 1,457 1,660 1,872 2,022 12.65 6,800 962 1,464 1,668 1,881 2,032 12.66 6,850 966 1,471 1,674 1,888 2,039 12.67 6,900 970 1,478 1,682 1,897 2,049 12.68 6,950 975 1,485 1,690 1,906 2,058 12.69 7,000 980 1,492 1,698 1,915 2,068 12.70 7,050 984 1,499 1,705 1,923 2,077 12.71 7,100 989 1,505 1,713 1,932 2,086 13.1 7,150 994 1,513 1,721 1,941 2,096 13.2 7,200 998 1,519 1,730 1,951 2,107 13.3 7,250 1,002 1,526 1,735 1,957 2,113 13.4 7,300 1,007 1,532 1,744 1,967 2,124 13.5 7,350 1,011 1,538 1,753 1,977 2,135 13.6 7,400 1,015 1,546 1,761 1,986 2,145 13.7 7,450 1,021 1,553 1,767 1,993 2,152 13.8 7,500 1,024 1,560 1,776 2,003 2,163 13.9 7,550 1,029 1,567 1,783 2,011 2,172 13.10 7,600 1,033 1,573 1,792 2,021 2,183 13.11 7,650 1,038 1,581 1,799 2,029 2,191 13.12 7,700 1,042 1,586 1,807 2,038 2,201 13.13 7,750 1,046 1,595 1,816 2,048 2,212 13.14 7,800 1,051 1,600 1,822 2,055 2,219 13.15 7,850 1,056 1,608 1,830 2,064 2,229 13.16 7,900 1,059 1,614 1,838 2,073 2,239 13.17 7,950 1,064 1,620 1,847 2,083 2,250 13.18 8,000 1,070 1,628 1,854 2,091 2,258 13.19 8,050 1,074 1,634 1,861 2,099 2,267 13.20 8,100 1,078 1,641 1,869 2,108 2,276 13.21 8,150 1,084 1,648 1,878 2,118 2,287 13.22 8,200 1,087 1,654 1,885 2,126 2,296 13.23 8,250 1,091 1,662 1,893 2,135 2,306 13.24 8,300 1,094 1,668 1,901 2,144 2,315 13.25 8,350 1,100 1,677 1,908 2,152 2,324 13.26 8,400 1,105 1,682 1,916 2,161 2,334 13.27 8,450 1,108 1,690 1,922 2,167 2,341 13.28 8,500 1,113 1,695 1,932 2,179 2,353 13.29 8,550 1,118 1,702 1,939 2,187 2,362 13.30 8,600 1,122 1,709 1,946 2,195 2,370 13.31 8,650 1,128 1,716 1,954 2,204 2,380 13.32 8,700 1,132 1,723 1,963 2,214 2,391 13.33 8,750 1,136 1,730 1,969 2,220 2,398 13.34 8,800 1,141 1,736 1,978 2,231 2,409 13.35 8,850 1,146 1,744 1,985 2,239 2,418 13.36 8,900 1,149 1,750 1,994 2,249 2,429 13.37 8,950 1,154 1,757 2,001 2,257 2,437 13.38 9,000 1,158 1,764 2,008 2,264 2,446 13.39 9,050 1,162 1,772 2,016 2,273 2,455 13.40 9,100 1,167 1,779 2,025 2,284 2,466 13.41 9,150 1,171 1,785 2,032 2,292 2,475 13.42 9,200 1,177 1,791 2,039 2,299 2,483 13.43 9,250 1,181 1,799 2,048 2,310 2,494 13.44 9,300 1,184 1,805 2,056 2,319 2,504 13.45 9,350 1,190 1,813 2,064 2,328 2,514 13.46 9,400 1,194 1,818 2,071 2,336 2,522 13.47 9,450 1,198 1,826 2,080 2,346 2,533 13.48 9,500 1,203 1,832 2,087 2,354 2,542 13.49 9,550 1,208 1,840 2,095 2,363 2,552 13.50 9,600 1,212 1,847 2,102 2,370 2,560 13.51 9,650 1,216 1,854 2,111 2,381 2,571 13.52 9,700 1,221 1,861 2,118 2,389 2,580 13.53 9,750 1,225 1,866 2,126 2,398 2,589 13.54 9,800 1,229 1,873 2,133 2,405 2,598 13.55 9,850 1,233 1,880 2,141 2,414 2,608 13.56 9,900 1,239 1,887 2,149 2,423 2,617 13.57 9,950 1,243 1,895 2,157 2,433 2,627 13.58 10,000 or 13.59 greater 1,247 1,900 2,165 2,442 2,637 13.60 (n) For income deduction orders issued on or after July 1, 13.61 2003, no order is valid without listing the birth dates of the 13.62 dependent children for whom the obligor is having income 13.63 deducted. Income deduction orders must also state the dates on 13.64 which each dependent child attains the age of 18, on which date 13.65 the income deduction order is no longer valid without a showing 14.1 that the dependent is still in secondary school and has not yet 14.2 attained the age of 19. 14.3 (o) It is the responsibility of the department of human 14.4 services to ensure that income deduction orders end when the 14.5 obligation ends, regardless of whether the case at hand was 14.6 initiated by the department of human services. This department 14.7 shall establish an administrative procedure for obligors to file 14.8 a petition with the department to administratively stop income 14.9 deduction orders when the obligation of support has ended. 14.10 Overpayments must be refunded to the obligor. 14.11 Any overpayment resulting from the department of human 14.12 service's failure to terminate an income deduction order within 14.13 90 days of the date the income deduction order should end bears 14.14 interest payable to the obligor at the existing judgment rate. 14.15 Subd. 3. [CONFLICT OF LAW.] This section governs in case 14.16 of any conflict with a Minnesota law in effect on the effective 14.17 date of this section. 14.18 Sec. 2. Minnesota Statutes 2002, section 518.64, is 14.19 amended by adding a subdivision to read: 14.20 Subd. 7. [SPECIAL RELIEF.] Notwithstanding any other part 14.21 of this section or other provision of law, a motion may be made 14.22 by any obligor or obligee at any time for modification of child 14.23 support, if the obligor or obligee can demonstrate that child 14.24 support ordered unjustifiably deviates from the amount defined 14.25 in section 518.571. In any criminal proceedings or proceedings 14.26 to impose the sanctions of criminal contempt to punish 14.27 nonpayment of child support, and in any proceedings to impose 14.28 the sanctions of civil contempt to coerce payment of child 14.29 support or to remedy failure to pay child support, an 14.30 affirmative defense is available to the extent that child 14.31 support previously ordered exceeds the amount defined in section 14.32 518.571. 14.33 Sec. 3. [INSTRUCTION TO REVISOR.] 14.34 The revisor of statutes, in consultation with the house of 14.35 representatives research department and senate counsel and 14.36 research, shall prepare a report by December 31, 2003, on 15.1 portions of Minnesota law that are in conflict with sections 1 15.2 and 2 and shall recommend amendments and repealers required to 15.3 resolve those conflicts. The report must be submitted to the 15.4 appropriate committees of the legislature with jurisdiction over 15.5 family law issues. 15.6 Sec. 4. [REPEALER.] 15.7 Minnesota Statutes 2002, section 518.551, subdivisions 5 15.8 and 5f, are repealed. 15.9 Sec. 5. [EFFECTIVE DATE.] 15.10 Sections 1 to 4 are effective the day following final 15.11 enactment.