as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to family law; reforming and recodifying the 1.3 law relating to marriage dissolution, child custody, 1.4 child support, maintenance, and property division; 1.5 making style and form changes; amending Minnesota 1.6 Statutes 2000, sections 518.002; 518.003, subdivisions 1.7 1 and 3; 518.005; 518.01; 518.02; 518.03; 518.04; 1.8 518.05; 518.055; 518.06; 518.07; 518.09; 518.10; 1.9 518.11; 518.12; 518.13; 518.131; 518.14, subdivision 1.10 1; 518.148; 518.155; 518.156; 518.157, subdivisions 1, 1.11 2, 3, 5, and 6; 518.158, subdivisions 2 and 4; 1.12 518.165; 518.166; 518.167, subdivisions 3, 4, and 5; 1.13 518.168; 518.1705, subdivision 6; 518.175, 1.14 subdivisions 1, 1a, 2, 3, 5, 6, 7, and 8; 518.1751, 1.15 subdivisions 1b, 2, 2a, 2b, 2c, and 3; 518.176; 1.16 518.177; 518.178; 518.179, subdivision 1; 518.18; 1.17 518.24; 518.25; 518.54, subdivisions 1, 5, 6, 7, and 1.18 8; 518.55; 518.552; 518.58; 518.581; 518.582; 518.612; 1.19 518.619; 518.62; 518.64, subdivisions 1 and 2; 1.20 518.641; 518.642; 518.646; and 518.65; proposing 1.21 coding for new law in Minnesota Statutes, chapters 1.22 517A; and 518; proposing coding for new law as 1.23 Minnesota Statutes, chapters 517B; and 517C; repealing 1.24 Minnesota Statutes 2000, sections 518.111; 518.17; 1.25 518.171; 518.185; 518.255; 518.54, subdivisions 2, 4a, 1.26 13, and 14; 518.551; 518.5513; 518.553; 518.57; 1.27 518.575; 518.585; 518.5851; 518.5852; 518.5853; 1.28 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617; 1.29 518.618; 518.6195; 518.64, subdivisions 4, 4a, and 5; 1.30 and 518.66. 1.31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.32 ARTICLE 1 1.33 MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT 1.34 Section 1. [517A.25] [SIX-MONTH REVIEW.] 1.35 (a) A decree of dissolution or legal separation or an order 1.36 that establishes child custody, parenting time, or support 1.37 rights and obligations of parents must contain a review date six 1.38 months after its entry. At the six-month hearing the court must 1.39 2.1 review: 2.2 (1) whether support is current; and 2.3 (2) whether both parties are complying with the parenting 2.4 time provisions of the order. 2.5 (b) A hearing need not be held under this section if both 2.6 parties file an affidavit with the court administrator before 2.7 the scheduled hearing date indicating that support is current 2.8 and that the parties are complying with the parenting time 2.9 provisions of the order. 2.10 (c) Contempt of court and all statutory remedies for 2.11 support and parenting time enforcement may be imposed by the 2.12 court at the six-month hearing for noncompliance by either party. 2.13 Sec. 2. Minnesota Statutes 2000, section 518.002, is 2.14 amended to read: 2.15 518.002 [USE TERM DISSOLUTIONMEANING OF DIVORCE.] 2.16Wherever the word"Divorce"is, as used in the statutes,it2.17 has the same meaning as "dissolution" or "dissolution of 2.18 marriage." 2.19 Sec. 3. Minnesota Statutes 2000, section 518.003, 2.20 subdivision 1, is amended to read: 2.21 Subdivision 1. [SCOPE.]For the purposes ofThe 2.22 definitions in this section apply to this chapter, the following2.23terms have the meanings provided in this section unless the2.24context clearly requires otherwise. 2.25 Sec. 4. Minnesota Statutes 2000, section 518.005, is 2.26 amended to read: 2.27 518.005 [RULES GOVERNING PROCEEDINGS.] 2.28 Subdivision 1. [APPLICABLE RULES.] Unless otherwise 2.29 specifically provided, the rules of civil procedure for the 2.30 district court apply to all proceedings under this chapter and 2.31 chapters 517B and 517C. 2.32 Subd. 2. [TITLE.] A proceeding for dissolution of 2.33 marriage, legal separation, or annulmentshallmust be entitled 2.34 "In re the Marriage of .......... and .......... ."A custody2.35or support proceeding shall be entitled "In re the (Custody)2.36(Support) of .......... ."3.1 Subd. 3. [NAMES OF PLEADINGS.] The initial pleading in all 3.2 proceedings undersections 518.002 to 518.66 shallthis chapter 3.3 and chapters 517B and 517C must be denominated a petition. A 3.4 responsive pleadingshallmust be denominated an answer. Other 3.5 pleadingsshallmust be denominated as provided in the rules of 3.6 civil procedure. 3.7 Subd. 4. [DECREE; JUDGMENT.] Insections 518.002 to 518.663.8 this chapter and chapters 517B and 517C, "decree" includes 3.9 "judgment." 3.10 Subd. 5. [PROHIBITED DISCLOSURE.] In all proceedings under 3.11 this chapter and chapters 517B and 517C, in which public 3.12 assistance is assigned under section 256.741 or the public 3.13 authority provides services to a party or parties to the 3.14 proceedings, notwithstanding statutory or other authorization 3.15 for the public authority to release private data on the location 3.16 of a party to the action, information on the location of one 3.17 party may not be released by the public authority to the other 3.18 party if: 3.19 (1) the public authority has knowledge that a protective 3.20 order with respect to the other party has been entered; or 3.21 (2) the public authority has reason to believe that the 3.22 release of the information may result in physical or emotional 3.23 harm to the other party. 3.24 Subd. 6. [REQUIRED NOTICE.] Every court order or judgment 3.25 and decree that provides for child support, spousal maintenance, 3.26 custody, or parenting time must contain the notices required by 3.27 section 517C.99. 3.28 Sec. 5. Minnesota Statutes 2000, section 518.01, is 3.29 amended to read: 3.30 518.01 [VOID MARRIAGES.] 3.31All marriages which areA marriage prohibited by section 3.32 517.03shall be absolutelyis void,without any decree of 3.33 dissolution or other legal proceedings; except if a person whose 3.34 husband or wife has been absent for four successive years, 3.35 without being known to the person to be living during that time, 3.36 marries during the lifetime of the absent husband or wife, the 4.1 marriageshall beis void only from the time that its nullity is 4.2 duly adjudged. If the absentee is declared dead in accordance 4.3 with section 576.142, the subsequent marriageshallis notbe4.4 void. 4.5 Sec. 6. Minnesota Statutes 2000, section 518.02, is 4.6 amended to read: 4.7 518.02 [VOIDABLE MARRIAGES.] 4.8 A marriageshallmust be declared a nullityunder the4.9following circumstancesif: 4.10(a)(1) a party lacked capacity to consent to the marriage 4.11 at the time the marriage was solemnized, eitherbecause of: (i) 4.12 mental incapacity or infirmityandif the other party at the 4.13 time the marriage was solemnized did not know of the incapacity; 4.14or because of(ii) the influence of alcohol, drugs, or other 4.15 incapacitating substances; orbecause(iii) consent of either 4.16washaving been obtained by force or fraudand there waswith no 4.17 subsequent voluntary cohabitation of the parties; 4.18(b)(2) a party lacks the physical capacity to consummate 4.19 the marriage by sexual intercourse and the other party at the 4.20 time the marriage was solemnized did not know of the incapacity; 4.21 or 4.22(c)(3) a party was under the age for marriage established 4.23 by section 517.02. 4.24 Sec. 7. Minnesota Statutes 2000, section 518.03, is 4.25 amended to read: 4.26 518.03 [ACTION TO ANNUL; DECREE.] 4.27 An annulmentshallmust be commencedand, the complaint 4.28shall befiled, and proceedings had as in proceedings for 4.29 dissolution. Upon due proof of the nullity of the marriage, 4.30 itshallmust be adjudged null and void. 4.31 The provisions of sections 518.54 to 518.66 relating to 4.32 property rights of the spouses, maintenance, support, and 4.33 custody of children on dissolution of marriage are applicable to 4.34 proceedings for annulment. 4.35 Sec. 8. Minnesota Statutes 2000, section 518.04, is 4.36 amended to read: 5.1 518.04 [INSUFFICIENT GROUNDS FOR ANNULMENT.] 5.2 No marriageshallmay be adjudged a nullity on the ground 5.3 that one of the parties was under the age of legal consent if it 5.4 appears that the parties had voluntarily cohabited together as 5.5 husband and wife after having attainedsuchthat age; nor5.6shall. The marriage ofanyan insane person must not be 5.7 adjudged void after restoration of the insane person to reason, 5.8 if it appears that the parties freely cohabited together as 5.9 husband and wife aftersuchthe restoration to reason. 5.10 Sec. 9. Minnesota Statutes 2000, section 518.05, is 5.11 amended to read: 5.12 518.05 [ANNULMENT; WHEN TO BRING.] 5.13 An annulment may be sought by any of the following persons 5.14 and must be commenced within the times specified, but in no 5.15 event may an annulment be sought after the death of either party 5.16 to the marriage: 5.17(a) For a reason set forth in(1) under section 518.02, 5.18 clause(a)(1), by either party or by the legal representative 5.19 of the party who lacked capacity to consent, no later than 90 5.20 days after the petitioner obtained knowledge of the described 5.21 condition; 5.22(b) For the reason set forth in(2) under section 518.02, 5.23 clause(b)(2), by either party no later than one year after the 5.24 petitioner obtained knowledge of the described condition; 5.25(c) For the reason set forth in(3) under section 518.02, 5.26 clause(c)(3), by the underaged party,or the party's parent or 5.27 guardian,before the time the underaged party reaches the age at 5.28 which the party could have married without satisfying the 5.29 omitted requirement. 5.30 Sec. 10. Minnesota Statutes 2000, section 518.055, is 5.31 amended to read: 5.32 518.055 [PUTATIVE SPOUSE.] 5.33 Any person who has cohabited with another to whom the 5.34 person is not legally married in the good faith belief that the 5.35 person was married to the other is a putative spouse until 5.36 knowledge of the fact that the person is not legally married 6.1 terminates the status and prevents acquisition of further 6.2 rights. A putative spouse acquires the rights conferred upon a 6.3 legal spouse, including the right to maintenance following 6.4 termination of the status, whether or not the marriage is 6.5 prohibited or declared a nullity. If there is a legal spouse or 6.6 other putative spouses, rights acquired by a putative spouse do 6.7 not supersede the rights of the legal spouse or those acquired 6.8 by other putative spouses, but the courtshallmust apportion 6.9 property, maintenance, and support rights among the claimants as 6.10 appropriate in the circumstances and in the interests of justice. 6.11 Sec. 11. Minnesota Statutes 2000, section 518.06, is 6.12 amended to read: 6.13 518.06 [DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS; 6.14 UNCONTESTED LEGAL SEPARATION.] 6.15 Subdivision 1. [MEANING AND EFFECTOF DECREES; GROUNDS.] A 6.16 dissolution of marriage is the termination of the marital 6.17 relationship between a husband and wife. A decree of 6.18 dissolution completely terminates the marital status of both 6.19 parties. A legal separation is a court determination of the 6.20 rights and responsibilities of a husband and wife arising out of 6.21 the marital relationship. A decree of legal separation does not 6.22 terminate the marital status of the parties. 6.23 A dissolution of a marriageshallmust be grantedby a6.24county or district court whenif the court finds that there has 6.25 been an irretrievable breakdown of the marriage relationship. A 6.26decree oflegal separationshallmust be grantedwhenif the 6.27 court finds that one or both parties need a legal separation. 6.28 Defenses to divorce, dissolution and legal separation, 6.29 including, but not limited to, condonation, connivance, 6.30 collusion, recrimination, insanity, and lapse of time, are 6.31 abolished. 6.32 Subd. 3. [UNCONTESTED LEGAL SEPARATION.] If one or both 6.33 parties petition for a decree of legal separation and neither 6.34 party contests the granting of the decree nor petitions for a 6.35 decree of dissolution, the courtshallmust grant a decree of 6.36 legal separation. 7.1 Sec. 12. Minnesota Statutes 2000, section 518.07, is 7.2 amended to read: 7.3 518.07 [RESIDENCE OF PARTIES.] 7.4NoA dissolutionshallmust not be granted unless (1) one 7.5 of the parties has resided in this state,orhasbeen a member 7.6 of the armed services stationed in this state,fornot less than7.7 at least 180 days immediately preceding the commencement of the 7.8 proceeding; or (2) one of the parties has been a domiciliary of 7.9 this state fornot less thanat least 180 days immediately 7.10 preceding commencement of the proceeding. 7.11 Sec. 13. Minnesota Statutes 2000, section 518.09, is 7.12 amended to read: 7.13 518.09 [PROCEEDING; HOW AND WHERE BROUGHT; VENUE.] 7.14 A proceeding for dissolution or legal separation may be 7.15 brought by either or both spouses andshall beis commenced by 7.16 personal service of the summons and petition venued in the 7.17 county where either spouse resides. If neither party resides in 7.18 the state and jurisdiction is based on the domicile of either 7.19spouseparty, the proceeding may be brought in the county where 7.20 either party is domiciled. If neither party resides or is 7.21 domiciled in this state and jurisdiction is premised upon one of 7.22 the parties being a member of the armed services stationed in 7.23 this state for not less than 180 days immediately preceding the 7.24 commencement of the proceeding, the proceeding may be brought in 7.25 the county where the member is stationed. This venueshall be7.26 is subject to the court's powerof the courtto change the place 7.27 of hearing by consent of the parties,or whenif it appears to 7.28 the court that an impartial hearing cannot be had in the county 7.29 where the proceedings are pending, orwhenif the convenience of 7.30 the parties or the ends of justice would be promoted by the 7.31 change. No summonsshall beif required if a joint petition is 7.32 filed. 7.33 Sec. 14. Minnesota Statutes 2000, section 518.10, is 7.34 amended to read: 7.35 518.10 [REQUISITES OF PETITION.] 7.36TheA petition for dissolution of marriage or legal 8.1 separationshallmust state and allege: 8.2(a)(1) the name, address, and, in circumstances in which 8.3 child support or spousal maintenance will be addressed, social 8.4 security number of the petitioner and any prior or other name 8.5 used by the petitioner; 8.6(b)(2) the name and, if known, the address and, in 8.7 circumstances in which child support or spousal maintenance will 8.8 be addressed, social security number of the respondent and any 8.9 prior or other name used by the respondent and known to the 8.10 petitioner; 8.11(c)(3) the place and date of the marriage of the parties; 8.12(d)(4) in the case of a petition for dissolution, that 8.13 either the petitioner or the respondent or both: 8.14(1)(i) has resided in this state for not less than 180 8.15 days immediately preceding the commencement of the proceeding,8.16or; 8.17(2)(ii) has been a member of the armed services and has 8.18 been stationed in this state for not less than 180 days 8.19 immediately preceding the commencement of the proceeding,; or 8.20(3)(iii) has been a domiciliary of this state for not less 8.21 than 180 days immediately preceding the commencement of the 8.22 proceeding; 8.23(e)(5) the name at the time of the petition and any prior 8.24 or other name, social security number, age, and date of birth of 8.25 each living minor or dependent child of the parties born before 8.26 the marriage or born or adopted during the marriage and a 8.27 reference to, and the expected date of birth of, a child of the 8.28 parties conceived during the marriage but not born; 8.29(f)(6) whether or not a separate proceeding for 8.30 dissolution, legal separation, or custody is pending in a court 8.31 in this state or elsewhere; 8.32(g)(7) in the case of a petition for dissolution, that 8.33 there has been an irretrievable breakdown of the marriage 8.34 relationship; 8.35(h)(8) in the case of a petition for legal separation, 8.36 that there is a need for a decree of legal separation; 9.1(i)(9) any temporary or permanent maintenance, child 9.2 support, child custody, disposition of property, attorneys' 9.3 fees, costs and disbursements applied for without setting forth 9.4 the amounts; and 9.5(j)(10) whether an order for protection under chapter 518B 9.6 or a similar law of another state that governs the parties or a 9.7 party and a minor child of the parties is in effect and, if so, 9.8 the district court or similar jurisdiction in which it was 9.9 entered. 9.10 The petitionshallmust be verified by the petitioner or 9.11 petitioners, and its allegations established by competent 9.12 evidence. 9.13 Sec. 15. Minnesota Statutes 2000, section 518.11, is 9.14 amended to read: 9.15 518.11 [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 9.16 (a) Unless a proceeding is brought by both parties, copies 9.17 of the summons and petitionshallmust be served on the 9.18 respondent personally. 9.19 (b)WhenServiceismade out of this state and within the 9.20 United States, itmay be proved by the affidavit of the person 9.21 making thesameservice.WhenServiceismadewithout9.22 outside of the United Statesitmay be proved by the affidavit 9.23 of the person making thesameservice, taken before and 9.24 certified by any United States minister, charge d'affaires, 9.25 commissioner, consul or commercial agent, or other consular or 9.26 diplomatic officer of the United States appointed to reside 9.27 insuchthe country, includingall deputiesa deputy or other 9.28representativesrepresentative ofsuchthe officer authorized to 9.29 performtheirthe officer's duties; or before an officer 9.30 authorized to administer an oath with the certificate of an 9.31 officer of a court of record of the countrywherein suchin 9.32 which the affidavit is taken as to the identity and authority of 9.33 the officer taking thesameaffidavit. 9.34 (c) If personal service cannot be made, the court may order 9.35 service of the summons by alternate means. The application for 9.36 alternate service must include the last known location of the 10.1 respondent; the petitioner's most recent contacts with the 10.2 respondent; the last known location of the respondent's 10.3 employment; the names and locations of the respondent's parents, 10.4 siblings, children, and other close relatives; the names and 10.5 locations of other persons who are likely to know the 10.6 respondent's whereabouts; and a description of efforts to locate 10.7 those persons. 10.8 The courtshallmust consider the length of time the 10.9 respondent's location has been unknown, the likelihood that the 10.10 respondent's location will become known, the nature of the 10.11 relief sought, and the nature of efforts made to locate the 10.12 respondent. The courtshallmust order service by first class 10.13 mail, forwarding address requested, to any addresses where there 10.14 is a reasonable possibility that mail or information will be 10.15 forwarded or communicated to the respondent or, if no address so 10.16 qualifies, then to the respondent's last known address. 10.17 If the petitioner seeks disposition of real estate located 10.18within the state ofin Minnesota, the courtshallmust order 10.19 that the summons, whichshallmust contain the legal description 10.20 of the real estate, be published in the county where the real 10.21 estate is located. The court may also order publication, within 10.22 or without the state, but only if it might reasonably succeed in 10.23 notifying the respondent of the proceeding. Also, the court may 10.24 require the petitioner to make efforts to locate the respondent 10.25 by telephone calls to appropriate persons. Serviceshall beis 10.26 deemed complete 21 days after mailing or 21 days after 10.27 court-ordered publication. 10.28 Sec. 16. Minnesota Statutes 2000, section 518.12, is 10.29 amended to read: 10.30 518.12 [TIME FOR ANSWERING.] 10.31 The respondentshall havehas 30 days in which to answer 10.32 the petition. In case of service by publication, the 30 10.33 daysshalldoes not begin to run until the expiration of the 10.34 period allowed for publication. In the case of a 10.35 counterpetition for dissolution or legal separation to a 10.36 petition for dissolution or legal separation, no answershall be11.1 is required to the counterpetition and the original 11.2 petitionershall beis deemed to have denied each and every 11.3 statement, allegation, and claim in the counterpetition. 11.4 Sec. 17. Minnesota Statutes 2000, section 518.13, is 11.5 amended to read: 11.6 518.13 [FAILURE TO ANSWER; FINDINGS; HEARING.] 11.7 Subdivision 1. [DEFAULT.] If the respondent does not 11.8 appear after service duly made and proved, the court may hear 11.9 and determine the proceeding as a default matter. 11.10 Subd. 2. [DISPUTE OVER IRRETRIEVABLE BREAKDOWN.] If one of 11.11 the parties has denied under oath or affirmation that the 11.12 marriage is irretrievably broken, the courtshallmust consider 11.13 all relevant factors, including the circumstances that gave rise 11.14 to the commencement of the proceeding and the prospect of 11.15 reconciliation, andshallmake a finding whether the marriage is 11.16 irretrievably broken. 11.17 A finding of irretrievable breakdown under this subdivision 11.18 is a determination that there is no reasonable prospect of 11.19 reconciliation. The finding must be supported by evidence that 11.20 (i) the parties have lived separate and apart for a period of 11.21 not less than 180 days immediately preceding the commencement of 11.22 the proceeding, or (ii) there is serious marital discord 11.23 adversely affecting the attitude of one or both of the parties 11.24 toward the marriage. 11.25 Subd. 3. [AGREEMENT OVER IRRETRIEVABLE BREAKDOWN.] If both 11.26 parties by petition or otherwise have stated under oath or 11.27 affirmation that the marriage is irretrievably broken,or one of 11.28 the parties has so stated and the other has not denied it, the 11.29 court, after hearing,shallmust make a finding that the 11.30 marriage is irretrievably broken. 11.31 Subd. 4. [REFEREE; OPEN COURT.] The court or judge, upon 11.32 application, may refer the proceeding to a referee to take and 11.33 report the evidencetherein. Hearings for dissolution of 11.34 marriageshallmust be heard in open court or before a referee 11.35 appointed by the court to receive the testimony of the 11.36 witnesses,or depositions taken as in other equitable actions. 12.1 However, the court may in its discretion close the hearing. 12.2 Subd. 5. [APPROVAL WITHOUT HEARING.] Proposed findings of 12.3 fact, conclusions of law, order for judgment, and judgment and 12.4 decree must be submitted to the court for approval and filing 12.5 without a final hearing in the following situations: 12.6 (1) if there are no minor children of the marriage, and (i) 12.7 the parties have entered into a written stipulation, or (ii) the 12.8 respondent has not appeared after service duly made and proved 12.9 by affidavit and at least 20 days have elapsed since the time 12.10 for answering under section 518.12 expired; or 12.11 (2) if there are minor children of the marriage, the 12.12 parties have signed and acknowledged a stipulation, and all 12.13 parties are represented by counsel. 12.14 Notwithstanding clause (1) or (2), the courtshallmust 12.15 schedule the matter for hearingin any case whereif the 12.16 proposed judgment and decree does not appear to be in the best 12.17 interests of the minor children or is contrary to the interests 12.18 of justice. 12.19 Sec. 18. Minnesota Statutes 2000, section 518.131, is 12.20 amended to read: 12.21 518.131 [TEMPORARY ORDERS AND RESTRAINING ORDERS.] 12.22 Subdivision 1. [PERMISSIBLE ORDERS.] In a proceeding 12.23 brought for custody, dissolution, or legal separation, or for 12.24 disposition of property,or maintenance, or child support12.25 following the dissolution of a marriage, either party may, by 12.26 motion, request from the court and the court may grant a 12.27 temporary order pending the final disposition of the proceeding 12.28 to or for: 12.29(a)(1) temporary custody and parenting time regarding the 12.30 minor children of the parties; 12.31(b)(2) temporary maintenance of either spouse; 12.32(c) temporary child support for the children of the12.33parties;12.34(d)(3) temporary costs and reasonable attorney fees; 12.35(e)(4) award the temporary use and possession, exclusive 12.36 or otherwise, of the family home, furniture, household goods, 13.1 automobiles, and other property of the parties; 13.2(f)(5) restrain one or both parties from transferring, 13.3 encumbering, concealing, or disposing of property except in the 13.4 usual course of business or for the necessities of life, and to 13.5 account to the court for all such transfers, encumbrances, 13.6 dispositions, and expenditures made after the order is served or 13.7 communicated to the party restrained in open court; 13.8(g)(6) restrain one or both parties from harassing, 13.9 vilifying, mistreating, molesting, disturbing the peace, or 13.10 restraining the liberty of the other party or the children of 13.11 the parties; 13.12(h)(7) restrain one or both parties from removing any 13.13 minor child of the parties from the jurisdiction of the court; 13.14(i)(8) exclude a party from the family home of the parties 13.15 or from the home of the other party; and 13.16(j)(9) require one or both of the parties to perform or to 13.17 not performsuchadditional actsasthat will facilitate the 13.18 just and speedy disposition of the proceeding,orwillprotect 13.19 the parties or their children from physical or emotional harm. 13.20 Subd. 2. [IMPERMISSIBLE ORDERS.]NoA temporary order 13.21shallmust not: 13.22(a)(1) deny parenting time to a noncustodial parent unless 13.23 the court finds that parenting time by the noncustodial parent 13.24 is likely to cause physical or emotional harm to the child; 13.25(b)(2) exclude a party from the family home of the parties 13.26 unless the court finds that physical or emotional harm to one of 13.27 the parties or to the children of the parties is likely to 13.28 result,or that the exclusion is reasonable in the 13.29 circumstances; or 13.30(c)(3) vacate or modify an order granted under section 13.31 518B.01, subdivision 6, paragraph (a), clause (1), restraining 13.32 an abusing party from committing acts of domestic abuse, except 13.33 that the court may hear a motion for modification of an order 13.34 for protection concurrently with a proceeding for dissolution of 13.35 marriage upon notice of motion and motion. The notice required 13.36 by court ruleshallmust not be waived. If the proceedings are 14.1 consolidated and the motion to modify is granted, a separate 14.2 order for modification of an order for protectionshallmust be 14.3 issued. 14.4 Subd. 3. [EX PARTE RESTRAINING ORDER; LIMITATIONS.] A 14.5 party may request and the court may make an ex parte restraining 14.6 orderwhich may includethat includes any matter that may be 14.7 included in a temporary order except it may not: 14.8(a) A restraining order may not(1) exclude either party 14.9 from the family home of the parties except upon a finding by the 14.10 court of immediate danger of physical harm to the other party or 14.11 the children of either party;andor 14.12(b) A restraining order may not(2) deny parenting time to 14.13 either party or grant custody of the minor children to either 14.14 party except upon a finding by the court of immediate danger of 14.15 physical harm to the minor children of the parties. 14.16 Subd. 4. [HEARING ON RESTRAINING ORDER; DURATION.] A 14.17 restrainingorders shallorder must be personally served upon 14.18 the party to be restrainedand shall be accompaniedalong with a 14.19 notice of the time and place of hearing for disposition of the 14.20 matters contained in the restraining order at a hearing for a 14.21 temporary order.WhenIf a restraining order has been issued, a 14.22 hearing on the temporary ordershallmust be held at the 14.23 earliest practicable date. The restrained party may upon 14.24 written notice to the other party advance the hearing date to a 14.25 time earlier than that noticed by the other party. The 14.26 restraining ordershall continuecontinues in full force and 14.27 effect only until the hearing time noticed, unless the court, 14.28 for good cause and upon notice, extends the time for hearing. 14.29 Subd. 5. [DURATION OF TEMPORARY ORDER.] A temporary order 14.30shall continuecontinues in full force and effect until the 14.31 earlier of its amendment or vacation, dismissal of the main 14.32 action, or entry of a final decree of dissolution or legal 14.33 separation. 14.34 Subd. 6. [EFFECT OF DISMISSAL OF MAIN ACTION.] If a 14.35 proceeding for dissolution or legal separation is dismissed, a 14.36 temporary custody order is vacated unless one of the parties or 15.1 the child's custodian moves that the proceeding continue as a 15.2 custody proceeding and the court finds, after a hearing, that 15.3 the circumstances of the parties and the best interests of the 15.4 child require that a custody order be issued. 15.5 Subd. 7. [GUIDING FACTORS.] The courtshallmust be guided 15.6 by the factors set forth in sections518.551 (concerning child15.7support),518.552 (concerning maintenance), 518.17 to 518.175 15.8 (concerning custody and parenting time), and 518.14 (concerning 15.9 costs and attorney fees) in making temporary orders and 15.10 restraining orders. 15.11 Subd. 8. [BASIS FOR ORDER.] Temporary ordersshallmust be 15.12 made solely on the basis of affidavits and argument of counsel 15.13 except upon demand by either party in a motion or responsive 15.14 motion made within the time limit for making and filing a 15.15 responsive motion that the matter be heard on oral testimony 15.16 before the court, or if the court in its discretion orders the 15.17 taking of oral testimony. 15.18 Subd. 9. [PREJUDICIAL EFFECT, REVOCATION; MODIFICATION.] A 15.19 temporary order or restraining order: 15.20(a) Shall(1) must not prejudice the rights of the parties 15.21 or the child which are to be adjudicated at subsequent hearings 15.22 in the proceeding; and 15.23(b)(2) may be revoked or modified by the court before the 15.24 final disposition of the proceeding upon the same grounds and 15.25 subject to the same requirements as the initial granting of the 15.26 order. 15.27 Subd. 10. [MISDEMEANOR.] In addition to being punishable 15.28 by contempt, a violation of a provision of a temporary order or 15.29 restraining order granting the relief authorized in subdivision 15.30 1,clauses (f), (g)clause (6), (7), or(h)(8) is a 15.31 misdemeanor. 15.32 Subd. 11. [TEMPORARYSUPPORT ANDMAINTENANCE.] Temporary 15.33support andmaintenance may be ordered during the time a 15.34 parenting plan is being developed under section 518.1705. 15.35 Sec. 19. Minnesota Statutes 2000, section 518.14, 15.36 subdivision 1, is amended to read: 16.1 Subdivision 1. [GENERAL.] (a) Except as provided in 16.2 subdivision 2, in a proceeding under this chapter or chapter 16.3 517B or 517C, the courtshallmust award attorney fees, costs, 16.4 and disbursements in an amount necessary to enable a party to 16.5 carry on or contest the proceeding,providedif it finds that: 16.6 (1)thatthe fees are necessary for the good-faith 16.7 assertion of the party's rights in the proceeding and will not 16.8 contribute unnecessarily to the length and expense of the 16.9 proceeding; 16.10 (2)thatthe party from whom fees, costs, and disbursements 16.11 are sought has the means to pay them; and 16.12 (3)thatthe party to whom fees, costs, and disbursements 16.13 are awarded does not have the means to pay them. 16.14 (b) Nothing in this section precludes the court from 16.15 awarding, in its discretion, additional fees, costs, and 16.16 disbursements against a party who unreasonably contributes to 16.17 the length or expense of the proceeding. Fees, costs, and 16.18 disbursements provided for in this section may be awarded at any 16.19 point in the proceeding, including a modification proceeding 16.20 under sections 518.18 and 518.64. The court may adjudge costs 16.21 and disbursements against either party. The court may authorize 16.22 the collection of money awarded by execution,orout of property 16.23 sequestered, or in any other manner within the power of the 16.24 court. An award of attorney's fees made by the court during the 16.25 pendency of the proceeding or in the final judgment survives the 16.26 proceeding and if not paid by the party directed to paythe same16.27 them may be enforcedas above providedin the manner provided in 16.28 this paragraph or by a separate civil action brought in the 16.29 attorney's own name. If the proceeding is dismissed or 16.30 abandoned prior to determination and award of attorney's fees, 16.31 the court may nevertheless award attorney's fees upon the 16.32 attorney's motion. The awardshall also survivesurvives the 16.33 proceeding and may be enforced in thesamemanneras last above16.34 provided in this paragraph. 16.35 Sec. 20. Minnesota Statutes 2000, section 518.148, is 16.36 amended to read: 17.1 518.148 [CERTIFICATION OF DISSOLUTION.] 17.2 Subdivision 1. [CERTIFICATE OF DISSOLUTION.] An attorney 17.3 or pro se party may prepare and submit to the court a separate 17.4 certificate of dissolution to be attached to the judgment and 17.5 decree at the time of granting the dissolution of marriage. 17.6 Upon approval by the court and filing of the certificate of 17.7 dissolution with the court administrator, the court 17.8 administratorshallmust provide to any party upon request 17.9 certified copies of the certificate of dissolution. 17.10 Subd. 2. [REQUIRED INFORMATION.] The certificateshall17.11 must include the following information: 17.12 (1) the full caption and file number of the case and the 17.13 title "Certificate of Dissolution"; 17.14 (2) the names and any prior or other names of the parties 17.15 to the dissolution; 17.16 (3) the names of any living minor or dependent children as 17.17 identified in the judgment and decree; 17.18 (4) that the marriage of the parties is dissolved; 17.19 (5) the date of the judgment and decree; and 17.20 (6) the social security number of the parties to the 17.21 dissolution and the social security number of any living minor 17.22 or dependent children identified in the judgment and decree. 17.23 Subd. 3. [CERTIFICATION.] The certificate of 17.24 dissolutionshall beis conclusive evidence of the facts recited 17.25 in the certificate. 17.26 Sec. 21. Minnesota Statutes 2000, section 518.24, is 17.27 amended to read: 17.28 518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 17.29In all cases whenIf maintenanceor supportpayments are 17.30 ordered, the court may require sufficient security to be given 17.31 for the payment of them according to the terms of the order. 17.32 Upon neglect or refusal to give security,oruponfailure to pay 17.33 the maintenanceor support, the court may sequester the 17.34 obligor's personal estate and the rents and profits of real 17.35 estate of the obligor,and appoint a receiver of them. The 17.36 court may cause the personal estate and the rents and profits of 18.1 the real estate to be applied according to the terms of the 18.2 order. The obligor is presumed to have an income from a source 18.3 sufficient to pay the maintenanceor supportorder. Achild18.4support ormaintenance order constitutes prima facie evidence 18.5 that the obligor has the ability to pay the award. If the 18.6 obligor disobeys the order, it is prima facie evidence of 18.7 contempt. The court may cite the obligor for contempt under 18.8 this section, section 518.617, or chapter 588. 18.9 Sec. 22. Minnesota Statutes 2000, section 518.25, is 18.10 amended to read: 18.11 518.25 [REMARRIAGE; REVOCATION.] 18.12When a dissolution has been granted, and the parties18.13afterward intermarryIf two people remarry each other after 18.14 dissolution of their prior marriage, the court, upon their joint 18.15 application,anduponsatisfactory proof ofsuchthe marriage, 18.16 may revoke all decrees and orders of dissolution, maintenance, 18.17 and subsistencewhich willthat do not affect the rights of 18.18 third persons. 18.19 Sec. 23. Minnesota Statutes 2000, section 518.54, 18.20 subdivision 1, is amended to read: 18.21 Subdivision 1. [TERMSSCOPE.]For the purposes of sections18.22518.54 to 518.66, the terms definedThe definitions in this 18.23 sectionshall have the meanings respectively ascribed to18.24themapply to sections 517A.30 to 517A.46. 18.25 Sec. 24. Minnesota Statutes 2000, section 518.54, 18.26 subdivision 5, is amended to read: 18.27 Subd. 5. [MARITAL PROPERTY; EXCEPTIONS.] "Marital 18.28 property" meansproperty,real or personal property, including 18.29 vested public or private pension plan benefits or rights, 18.30 acquired by one or both of the parties, or either of them,to a 18.31 dissolution, legal separation, or annulment proceeding at any 18.32 time during the existence of the marriage relation between them, 18.33 or at any time during which the parties were living together as 18.34 husband and wife under a purported marriage relationship which 18.35 is annulled in an annulment proceeding, but prior to the date of 18.36 valuation under section 518.58, subdivision 1. All property 19.1 acquired by either spouse subsequent to the marriage and before 19.2 the valuation date is presumed to be marital property regardless 19.3 of whether title is held individually or by the spouses in a 19.4 form of coownership such as joint tenancy, tenancy in common, 19.5 tenancy by the entirety, or community property. Each 19.6 spouseshall beis deemed to have a common ownership in marital 19.7 property that vests not later than the time of the entry of the 19.8 decree in a proceeding for dissolution or annulment. The extent 19.9 of the vested interestshallmust be determined and made final 19.10 by the court pursuant to section 518.58. If a title interest in 19.11 real property is held individually by only one spouse, the 19.12 interest in the real property of the nontitled spouse is not 19.13 subject to claims of creditors or judgment or tax liens until 19.14 the time of entry of the decree awarding an interest to the 19.15 nontitled spouse. The presumption of marital property is 19.16 overcome by a showing that the property is nonmarital property. 19.17 "Nonmarital property" means property real or personal, 19.18 acquired by either spouse before, during, or after the existence 19.19 of their marriage, which: 19.20(a)(1) is acquired as a gift, bequest, devise, or 19.21 inheritance made by a third party to one but not to the other 19.22 spouse; 19.23(b)(2) is acquired before the marriage; 19.24(c)(3) is acquired in exchange for or is the increase in 19.25 value of property which is described inclauses (a), (b), (d),19.26and (e)clause (1), (2), (4), or (5); 19.27(d)(4) is acquired by a spouse after the valuation date; 19.28 or 19.29(e)(5) is excluded by a valid antenuptial contract. 19.30 Sec. 25. Minnesota Statutes 2000, section 518.54, 19.31 subdivision 6, is amended to read: 19.32 Subd. 6. [INCOME.] "Income" means any form of periodic 19.33 payment to an individual including, but not limited to, wages, 19.34 salaries, payments to an independent contractor, workers' 19.35 compensation, unemployment benefits, and annuity, militaryand19.36 or naval retirement, pensionandor disability payments. 20.1 "Income" does not include benefits received under Title IV-A of 20.2 the Social Security Actandor chapter 256Jare not income under20.3this section. 20.4 Sec. 26. Minnesota Statutes 2000, section 518.54, 20.5 subdivision 7, is amended to read: 20.6 Subd. 7. [OBLIGEE.] "Obligee" means a person to whom 20.7 payments for maintenanceor supportare owed. 20.8 Sec. 27. Minnesota Statutes 2000, section 518.54, 20.9 subdivision 8, is amended to read: 20.10 Subd. 8. [OBLIGOR.] "Obligor" means a person obligated to 20.11 pay maintenanceor support.A person who is designated as the20.12sole physical custodian of a child is presumed not to be an20.13obligor for purposes of calculating current support under20.14section 518.551 unless the court makes specific written findings20.15to overcome this presumption.20.16 Sec. 28. Minnesota Statutes 2000, section 518.55, is 20.17 amended to read: 20.18 518.55 [MAINTENANCE OR SUPPORT MONEY.] 20.19 Subdivision 1. [CONTENTS OF ORDER.] Every award of 20.20 maintenance or support money in a judgment of dissolution or 20.21 legal separationshallmust clearly designate whetherthe20.22sameit is maintenance or support money, or what part of the 20.23 award is maintenance and what part is support money. An award 20.24 of payments from future income or earnings of the custodial 20.25 parent is presumed to be maintenance and an award of payments 20.26 from the future income or earnings of the noncustodial parent is 20.27 presumed to be support money, unless otherwise designated by the 20.28 court. In a judgment of dissolution or legal separation the 20.29 court may determine, as one of the issues of the case, whether 20.30 or not either spouse is entitled to an award of maintenance 20.31 notwithstanding that no award is then made, or it may reserve 20.32 jurisdiction of the issue of maintenance for determination at a 20.33 later date. 20.34 Subd. 3. [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] Every 20.35 obligorshallmust notify the obligee and the public authority 20.36 responsible for collection, if applicable, of a change of 21.1 address or residence within 60 days of the address or residence 21.2 change. Every order forsupport ormaintenance must contain a 21.3 conspicuous notice complying with section 518.68, subdivision 21.4 2. The court may waive or modify the requirements of this 21.5 subdivision by order if necessary to protect the obligor from 21.6 contact by the obligee. 21.7 Subd. 4. [DETERMINATION OF CONTROLLING ORDER.] The public 21.8 authority or a party may request the district court to determine 21.9 a controlling order in situations in which more than one order 21.10 involving the same obligor and child exists. 21.11 Sec. 29. Minnesota Statutes 2000, section 518.552, is 21.12 amended to read: 21.13 518.552 [MAINTENANCE.] 21.14 Subdivision 1. [JURISDICTION; GROUNDS.] In a proceeding 21.15 for dissolution of marriage or legal separation, or in a 21.16 proceeding for maintenance following dissolution of the marriage 21.17 by a court which lacked personal jurisdiction over the absent 21.18 spouse and which has since acquired jurisdiction, the court may 21.19 grant a maintenance order for either spouse if it finds that the 21.20 spouse seeking maintenance: 21.21(a)(1) lacks sufficient property, including marital 21.22 property apportioned to the spouse, to provide for reasonable 21.23 needs of the spouse considering the standard of living 21.24 established during the marriage, especially, but not limited to, 21.25 a period of training or education,; or 21.26(b)(2) is unable to provide adequate self-support, after 21.27 considering the standard of living established during the 21.28 marriage and all relevant circumstances, through appropriate 21.29 employment,or is the custodian of a child whose condition or 21.30 circumstances make it appropriate that the custodian not be 21.31 required to seek employment outside the home. 21.32 Subd. 2. [AMOUNT; DURATION.] The maintenance ordershall21.33 must be in amounts and for periodsof time, either temporary or 21.34 permanent,asthat the court deems just, without regard to 21.35 marital misconduct,and after considering all relevant factors 21.36 including: 22.1(a)(1) the financial resources of the party seeking 22.2 maintenance, including marital property apportioned to the 22.3 party, and the party's ability to meet needs independently, 22.4 including the extent to which a provision for support of a child 22.5 living with the party includes a sum for that party as 22.6 custodian; 22.7(b)(2) the time necessary to acquire sufficient education 22.8 or training to enable the party seeking maintenance to find 22.9 appropriate employment, and the probability, given the party's 22.10 age and skills, of completing education or training and becoming 22.11 fully or partially self-supporting; 22.12(c)(3) the standard of living established during the 22.13 marriage; 22.14(d)(4) the duration of the marriage and, in the case of a 22.15 homemaker, the length of absence from employment and the extent 22.16 to which any education, skills, or experience have become 22.17 outmoded and earning capacity has become permanently diminished; 22.18(e)(5) the loss of earnings, seniority, retirement 22.19 benefits, and other employment opportunities forgone by the 22.20 spouse seekingspousalmaintenance; 22.21(f)(6) the age,and the physical and emotional condition 22.22 of the spouse seeking maintenance; 22.23(g)(7) the ability of the spouse from whom maintenance is 22.24 sought to meet needs while meeting those of the spouse seeking 22.25 maintenance; and 22.26(h)(8) the contribution of each party in the acquisition, 22.27 preservation, depreciation, or appreciation in the amount or 22.28 value of the marital property, as well as the contribution of a 22.29 spouse as a homemaker or in furtherance of the other party's 22.30 employment or business. 22.31 Subd. 3. [PERMANENCY OF AWARD.]Nothing inThis section 22.32shallmust not be construed to favor a temporary award of 22.33 maintenance over a permanent award, whereif the factors under 22.34 subdivision 2 justify a permanent award. 22.35WhereIf there is some uncertainty as to the necessity of a 22.36 permanent award, the courtshallmust order a permanent award 23.1 leaving its order open for later modification. 23.2 Subd. 4. [REOPENING MAINTENANCE AWARDS.] Section 518.145, 23.3 subdivision 2, applies to maintenance awardsof spousal23.4maintenance. 23.5 Subd. 5. [PRIVATE AGREEMENTS.] The parties may expressly 23.6 preclude or limit modification of maintenance through a 23.7 stipulation,if the court makes specific findings that the 23.8 stipulation is fairand, equitable,isand supported by 23.9 consideration described in the findings,and that full 23.10 disclosure of each party's financial circumstances has 23.11 occurred. The stipulation must be made a part of the judgment 23.12 and decree. 23.13 Sec. 30. Minnesota Statutes 2000, section 518.58, is 23.14 amended to read: 23.15 518.58 [DIVISION OF MARITAL PROPERTY.] 23.16 Subdivision 1. [GENERAL.] Upon a dissolution of a 23.17 marriage, an annulment, or in a proceeding for disposition of 23.18 property following a dissolution of marriage by a court which 23.19 lacked personal jurisdiction over the absent spouse or lacked 23.20 jurisdiction to dispose of the property and which has since 23.21 acquired jurisdiction, the courtshallmust make a just and 23.22 equitable division of the marital property of the parties 23.23 without regard to marital misconduct, after making findings 23.24 regarding the division of the property. The courtshallmust 23.25 base its findings on all relevant factors including the length 23.26 of the marriage, any prior marriage of a party, the age, health, 23.27 station, occupation, amount and sources of income, vocational 23.28 skills, employability, estate, liabilities, needs, opportunity 23.29 for future acquisition of capital assets, and income of each 23.30 party. The courtshallmust also consider the contribution of 23.31 each in the acquisition, preservation, depreciation, or 23.32 appreciation in the amount or value of the marital property, as 23.33 well as the contribution of a spouse as a homemaker. Itshall23.34beis conclusively presumed that each spouse made a substantial 23.35 contribution to the acquisition of income and property while 23.36 they were living together as husband and wife. The court may 24.1 also award to either spouse the household goods and furniture of 24.2 the parties, whether or not acquired during the marriage. The 24.3 courtshallmust value marital assets for purposes of division 24.4 between the parties as of the day of the initially scheduled 24.5 prehearing settlement conference, unless a different date is 24.6 agreed upon by the parties,orunlessthe court makes specific 24.7 findings that another date of valuation is fair and equitable. 24.8 If there is a substantial change in value of an asset between 24.9 the date of valuation and the final distribution, the court may 24.10 adjust the valuation of that asset as necessary to effect an 24.11 equitable distribution. 24.12 Subd. 1a. [TRANSFER, ENCUMBRANCE, CONCEALMENT, OR 24.13 DISPOSITION OF MARITAL ASSETS.] In contemplation of commencing 24.14 or during the pendency of a marriage dissolution, separation, or 24.15 annulment proceeding,or in contemplation of commencing a24.16marriage dissolution, separation, or annulment proceeding,each 24.17 party owes a fiduciary duty to the other for any profit or loss 24.18 derived by the party, without the consent of the other, from a 24.19 transaction or from any use by the party of the marital assets. 24.20 If the court finds that a party to a marriage, without consent 24.21 of the other party, has in contemplation of commencing,or 24.22 during the pendency of,the current dissolution, separation, or 24.23 annulment proceeding, transferred, encumbered, concealed, or 24.24 disposed of marital assets except in the usual course of 24.25 business or for the necessities of life, the courtshallmust 24.26 compensate the other party by placing both parties in the same 24.27 position that they would have been in had the transfer, 24.28 encumbrance, concealment, or disposal not occurred. The burden 24.29 of proof under this subdivision is on the party claiming that 24.30 the other party transferred, encumbered, concealed, or disposed 24.31 of marital assets in contemplation of commencing or during the 24.32 pendency of the current dissolution, separation, or annulment 24.33 proceeding,without consent of the claiming party, and that the 24.34 transfer, encumbrance, concealment, or disposal was not in the 24.35 usual course of business or for the necessities of life. In 24.36 compensating a party under this section, the court, in dividing 25.1 the marital property, may impute the entire value of an asset 25.2 and a fair return on the asset to the party who transferred, 25.3 encumbered, concealed, or disposed of it. Use of a power of 25.4 attorney,or the absence of a restraining order against the 25.5 transfer, encumbrance, concealment, or disposal of marital 25.6 property is not available as a defense under this subdivision. 25.7 Subd. 2. [AWARD OF NONMARITAL PROPERTY.] If the court 25.8 finds that either spouse's resources or property, including the 25.9 spouse's portion of the marital property as defined in section 25.10 518.54, subdivision 5, are so inadequate as to work an unfair 25.11 hardship, considering all relevant circumstances, the court may, 25.12 in addition to the marital property, apportion up to one-half of 25.13 the property otherwise excluded under section 518.54, 25.14 subdivision 5, clauses (a) to (d), to prevent the unfair 25.15 hardship. If the court apportions property other than marital 25.16 property, itshallmust make findings in support of the 25.17 apportionment. The findingsshallmust be based on all relevant 25.18 factors including the length of the marriage, any prior marriage 25.19 of a party, the age, health, station, occupation, amount and 25.20 sources of income, vocational skills, employability, estate, 25.21 liabilities, needs, and opportunity for future acquisition of 25.22 capital assets and income of each party. 25.23 Subd. 3. [SALE OR DISTRIBUTION WHILE PROCEEDING PENDING.] 25.24 (a) If the court finds that it is necessary to preserve the 25.25 marital assets of the parties, the court may order the sale of 25.26 the homestead of the parties or the sale of other marital 25.27 assets, as the individual circumstances may require, during the 25.28 pendency of a proceeding for a dissolution of marriage or an 25.29 annulment. If the court orders a sale, it may further provide 25.30 for the disposition of the funds received from the sale during 25.31 the pendency of the proceeding. If liquid or readily liquidated 25.32 marital property other than property representing vested pension 25.33 benefits or rights is available, the court, so far as possible, 25.34shallmust divide the property representing vested pension 25.35 benefits or rights by the disposition of an equivalent amount of 25.36 the liquid or readily liquidated property. 26.1 (b) The court may order a partial distribution of marital 26.2 assets during the pendency of a proceeding for a dissolution of 26.3 marriage or an annulment for good cause shown or upon the 26.4 request of both parties, provided thatas long as the court 26.5shallfullyprotectprotects the interests of the other party. 26.6 Subd. 4. [PENSION PLANS.] (a) The division of marital 26.7 property that represents pension plan benefits or rights in the 26.8 form of future pension plan payments: 26.9 (1) is payable only to the extent of the amount of the 26.10 pension plan benefit payable under the terms of the plan; 26.11 (2) is not payable for a period that exceeds the time that 26.12 pension plan benefits are payable to the pension plan benefit 26.13 recipient; 26.14 (3) is not payable in a lump sum amount from pension plan 26.15 assets attributable in any fashion to a spouse with the status 26.16 of an active member, deferred retiree, or benefit recipient of a 26.17 pension plan; 26.18 (4) if the former spouse to whom the payments are to be 26.19 made dies prior to the end of the specified payment period with 26.20 the right to any remaining payments accruing to an estate or to 26.21 more than one survivor, is payable only to a trustee on behalf 26.22 of the estate or the group of survivors for subsequent 26.23 apportionment by the trustee; and 26.24 (5) in the case of public pension plan benefits or rights, 26.25 may not commence until the public plan member submits a valid 26.26 application for a public pension plan benefit and the benefit 26.27 becomes payable. 26.28 (b)TheAn individual retirement accountplansplan 26.29 established under chapter 354B may provide in its plan document, 26.30 if published and made generally available, for an alternative 26.31 marital property division or distribution of individual 26.32 retirement account plan assets. If an alternative division or 26.33 distribution procedure is provided, it applies in place of 26.34 paragraph (a), clause (5). 26.35 Sec. 31. Minnesota Statutes 2000, section 518.581, is 26.36 amended to read: 27.1 518.581 [SURVIVING SPOUSE BENEFIT.] 27.2 Subdivision 1. [AWARD OF BENEFIT.] If a current or former 27.3 employee's marriage is dissolved, the court may order the 27.4 employee, the employee's pension plan, or both, to pay amounts 27.5 as part of the division of pension rights that the court may 27.6 make under section 518.58, or as an award of maintenance in the 27.7 form of a percentage of periodic or other payments or in the 27.8 form of a fixed dollar amount. The court may, as part of the 27.9 order, award a former spouse all or part of a survivor benefit 27.10 unless the plan does not allow by law the payment of a surviving 27.11 spouse benefit to a former spouse. 27.12 Subd. 2. [PAYMENT OF FUNDS BY RETIREMENT PLAN.] (a) If the 27.13 court has ordered that a spouse has an interest in a pension 27.14 plan, the court may order the pension plan to withhold payment 27.15 of a refund upon termination of employment or lump sum 27.16 distribution to the extent of the spouse's interest in the plan,27.17 or to provide survivor benefits ordered by the court. 27.18 (b) The court may not order the pension plan to: 27.19 (1) pay more than the equivalent of one surviving spouse 27.20 benefit, regardless of the number of spouses or former spouses 27.21 who may be sharing in a portion of the total benefit; 27.22 (2) pay surviving spouse benefits under circumstances where 27.23 the plan member does not have a right to elect surviving spouse 27.24 benefits; 27.25 (3) pay surviving spouse benefits to a former spouse if the 27.26 former spouse would not be eligible for benefits under the terms 27.27 of the plan; or 27.28 (4) order survivor benefits which, when combined with the 27.29 annuity or benefit payable to the pension plan member, exceed 27.30 the actuarial equivalent value of the normal retirement annuity 27.31 form, determined under the plan documents of the pension plan 27.32 then in effect and the actuarial assumptions then in effect for 27.33 calculating optional annuity forms by the pension plan or for 27.34 calculating the funding requirements of the pension plan if no 27.35 optional annuity forms are provided by the pension plan. 27.36 (c) If more than one spouse or former spouse is entitled to 28.1 a surviving spouse benefit, the pension planshallmust pay each 28.2 spouse a portion of the benefit based on the ratio of the number 28.3 of years the spouse was married to the plan member to the total 28.4 number of years the plan member was married to spouses who are 28.5 entitled to the benefit. 28.6 Subd. 3. [NOTICE TO FORMER SPOUSE.] A pension plan 28.7shallmust notify a former spouse of an application by the 28.8 employee for a refund of pension benefits if the former spouse 28.9 has filed with the pension plan: 28.10 (1) a copy of the court order, including a withholding 28.11 order, determining the former spouse's rights; 28.12 (2) the name and last known address of the employee; and 28.13 (3) the name and address of the former spouse. 28.14 A pension planshallmust comply with an order, including a 28.15 withholding order, issued by a court having jurisdiction over 28.16 dissolution of marriage that is served on the pension plan, if 28.17 the order states the name, last known address of the payees, and 28.18 name and address of the former spouse,or if the names and 28.19 addresses are provided to the pension plan with service of the 28.20 order. 28.21 Subd. 4. [DEFINITIONS.]For purposes ofThe definitions in 28.22 this subdivision apply to this section, the following terms have28.23the meanings given in this subdivision. 28.24 (a) "Current or former employee" or "employee" means an 28.25 individual who has an interest in a pension plan. 28.26 (b) "Surviving spouse benefit" means (1) a benefit a 28.27 surviving spouse may be eligible for under the laws and bylaws 28.28 of the pension plan if the employee dies before retirement, or 28.29 (2) a benefit selected for or available to a surviving spouse 28.30 under the laws and bylaws of the pension plan upon the death of 28.31 the employee after retirement. 28.32 Sec. 32. Minnesota Statutes 2000, section 518.582, is 28.33 amended to read: 28.34 518.582 [PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.] 28.35 Subdivision 1. [APPOINTMENT OF ACTUARY.]EachA court of 28.36 this statethat haswith jurisdiction to decide marriage 29.1 dissolution matters may appoint a qualified person experienced 29.2 in the valuation of pension benefits and rights to function as 29.3 an expert witness in valuing pension benefits or rights. 29.4 Subd. 2. [STANDARDS.] A court appointed actuaryshallmust 29.5 determine the present value of pension benefits or rights that 29.6 are marital property of the parties to the action based on the 29.7 applicable plan documents of the pension plan and the applicable 29.8 actuarial assumptions specified for use in calculating optional 29.9 annuity forms by the pension plan or for funding the pension 29.10 plan, if reasonable, or as specified by the court. The court 29.11 appointed actuaryshallmust report to the court and to the 29.12 parties the present value of the pension benefits or rights that 29.13 are marital property. 29.14 Subd. 3. [COMPENSATION.] The court appointed actuary may 29.15 be compensated at a rate established by the court. The 29.16 compensation of the court appointed actuaryshallmust be 29.17 allocated between the parties as the court directs. 29.18 Subd. 4. [STIPULATION.] In lieu of valuing pension 29.19 benefits or rights through use of the court appointed actuary, 29.20 the parties may stipulate the present value of pension benefits 29.21 or rights that are marital property. 29.22 Sec. 33. Minnesota Statutes 2000, section 518.62, is 29.23 amended to read: 29.24 518.62 [TEMPORARY MAINTENANCE.] 29.25 Temporary maintenanceand temporary supportmay be awarded 29.26 as provided in section 518.131. The court may also award to 29.27 either party to the proceeding, having due regard to all the 29.28 circumstances and the party awarded the custody of the children, 29.29 the right to the exclusive use of the household goods and 29.30 furniture of the parties pending the proceeding and the right to 29.31 the use of the homestead of the parties, exclusive or otherwise, 29.32 pending the proceeding. The court may order either party to 29.33 remove from the homestead of the parties upon proper application 29.34 to the court for an order pending the proceeding. 29.35 Sec. 34. Minnesota Statutes 2000, section 518.64, 29.36 subdivision 1, is amended to read: 30.1 Subdivision 1. [AUTHORITY.] After an order for temporary 30.2 or permanent maintenanceor support money, temporary or30.3permanent,or for the appointment of trustees to receive 30.4 property awarded as maintenanceor support money, the court may 30.5 from time to time, on motion of either of the parties, a copy of 30.6 which is served on the public authority responsible forchild30.7 support enforcement if payments are made through it, or on 30.8 motion of the public authority responsible for support 30.9 enforcement, modify the order respecting the amount of 30.10 maintenanceor support money,and theits paymentof it,and30.11also respecting theor appropriation and payment of the 30.12 principal and income of property held in trust, and may make an 30.13 order respecting these matters which it might have made in the 30.14 original proceeding,except as herein otherwise providedsubject 30.15 to subdivisions 2 to 5. A party or the public authority also 30.16 may bring a motion for contempt of court if the obligor is in 30.17 arrears insupport ormaintenance payments. 30.18 Sec. 35. Minnesota Statutes 2000, section 518.64, 30.19 subdivision 2, is amended to read: 30.20 Subd. 2. [MODIFICATION.] (a) The terms of an order 30.21 respecting maintenanceor supportmay be modified upon a showing 30.22 of one or more of the following: (1) substantially increased or 30.23 decreased earnings of a party; (2) substantially increased or 30.24 decreased need of a partyor the child or children that are the30.25subject of these proceedings; (3) receipt of assistance under 30.26 the AFDC program formerly codified under sections 256.72 to 30.27 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 30.28 change in the cost of living for either party as measured by the 30.29 federal bureau of statistics, any of which makes the terms 30.30 unreasonable and unfair; (5) extraordinary medical expenses of 30.31 the child not provided for under section 518.171; or (6) the 30.32 addition of work-related or education-related child care 30.33 expenses of the obligee or a substantial increase or decrease in 30.34 existing work-related or education-related child care expenses. 30.35On a motion to modify support, the needs of any child the30.36obligor has after the entry of the support order that is the31.1subject of a modification motion shall be considered as provided31.2by section 518.551, subdivision 5f.31.3(b) It is presumed that there has been a substantial change31.4in circumstances under paragraph (a) and the terms of a current31.5support order shall be rebuttably presumed to be unreasonable31.6and unfair if:31.7(1) the application of the child support guidelines in31.8section 518.551, subdivision 5, to the current circumstances of31.9the parties results in a calculated court order that is at least31.1020 percent and at least $50 per month higher or lower than the31.11current support order;31.12(2) the medical support provisions of the order established31.13under section 518.171 are not enforceable by the public31.14authority or the custodial parent;31.15(3) health coverage ordered under section 518.171 is not31.16available to the child for whom the order is established by the31.17parent ordered to provide; or31.18(4) the existing support obligation is in the form of a31.19statement of percentage and not a specific dollar amount.31.20(c)(b) On a motion for modification of maintenance, 31.21 including a motion for the extension of the duration of a 31.22 maintenance award, the courtshallmust apply, in addition to 31.23 all other relevant factors, the factors for an award of 31.24 maintenance under section 518.552 that exist at the time of the 31.25 motion.On a motion for modification of support, the court:31.26(1) shall apply section 518.551, subdivision 5, and shall31.27not consider the financial circumstances of each party's spouse,31.28if any; and31.29(2) shall not consider compensation received by a party for31.30employment in excess of a 40-hour work week, provided that the31.31party demonstrates, and the court finds, that:31.32(i) the excess employment began after entry of the existing31.33support order;31.34(ii) the excess employment is voluntary and not a condition31.35of employment;31.36(iii) the excess employment is in the nature of additional,32.1part-time employment, or overtime employment compensable by the32.2hour or fractions of an hour;32.3(iv) the party's compensation structure has not been32.4changed for the purpose of affecting a support or maintenance32.5obligation;32.6(v) in the case of an obligor, current child support32.7payments are at least equal to the guidelines amount based on32.8income not excluded under this clause; and32.9(vi) in the case of an obligor who is in arrears in child32.10support payments to the obligee, any net income from excess32.11employment must be used to pay the arrearages until the32.12arrearages are paid in full.32.13(d)(c) A modification ofsupport ormaintenance, including 32.14 interest that accrued pursuant to section 548.091, may be made 32.15 retroactive only with respect to any period during which the 32.16 petitioning party has pending a motion for modification but only 32.17 from the date of service of notice of the motion on the 32.18 responding party and on the public authority if public 32.19 assistance is being furnished or the county attorney is the 32.20 attorney of record. However, modification may be applied to an 32.21 earlier period if the court makes express findings that: 32.22 (1) the party seeking modification was precluded from 32.23 serving a motion by reason of a significant physical or mental 32.24 disability, a material misrepresentation of another party, or 32.25 fraud upon the court and that the party seeking modification, 32.26 when no longer precluded, promptly served a motion; 32.27 (2) the party seeking modification was a recipient of 32.28 federal Supplemental Security Income (SSI), Title II Older 32.29 Americans, Survivor's Disability Insurance (OASDI), other 32.30 disability benefits, or public assistance based upon need during 32.31 the period for which retroactive modification is sought; or 32.32 (3) the order for which the party seeks amendment was 32.33 entered by default, the party shows good cause for not 32.34 appearing, and the record contains no factual evidence, or 32.35 clearly erroneous evidence regarding the individual obligor's 32.36 ability to pay. 33.1 The court may provide that a reduction in the amount 33.2 allocated for child care expenses based on a substantial 33.3 decrease in the expenses is effective as of the date the 33.4 expenses decreased. 33.5(e)(d) Except for an award of the right of occupancy of 33.6 the homestead, provided inunder section 518.63, all divisions 33.7 of real and personal property provided by section 518.58shall33.8beare final, and may be revoked or modified onlywhereif the 33.9 court finds the existence of conditions that justify reopening a 33.10 judgment under the laws of this state, including motions under 33.11 section 518.145, subdivision 2. The court may impose a lien or 33.12 charge on the divided property at any time while the property, 33.13 or subsequently acquired property, is owned by the parties or 33.14 either of them, for the payment of maintenance or supportmoney,33.15 or may sequester the propertyas is provided byunder section 33.16 518.24. 33.17(f)(e) The court need not hold an evidentiary hearing on a 33.18 motion for modification of maintenance or support. 33.19(g)(f) Section 518.14shall governgoverns the award of 33.20 attorney fees for motions brought under this subdivision. 33.21 Sec. 36. Minnesota Statutes 2000, section 518.641, is 33.22 amended to read: 33.23 518.641 [COST-OF-LIVING ADJUSTMENTS IN MAINTENANCEOR CHILD33.24SUPPORTORDER.] 33.25 Subdivision 1. [REQUIREMENT.] An order for maintenanceor33.26child support shallmust provide for a biennial adjustment in 33.27 the amount to be paid based on a change in the cost of living. 33.28 An order that provides for a cost-of-living adjustmentshall33.29 must specify the cost-of-living index to be applied and the date 33.30 on which the cost-of-living adjustmentshall becomebecomes 33.31 effective. The court may use the consumer price index for all 33.32 urban consumers, Minneapolis-St. Paul (CPI-U), the consumer 33.33 price index for wage earners and clerical, Minneapolis-St. Paul 33.34 (CPI-W), or another cost-of-living index published by the 33.35 department of labor which it specifically finds is more 33.36 appropriate. Cost-of-living increases under this sectionshall34.1 must be compounded. The court may also increase the amount by 34.2 more than the cost-of-living adjustment by agreement of the 34.3 parties or by making further findings. The adjustment becomes 34.4 effective on the first of May of the year in which it is made, 34.5 for cases in which payment is made to the public authority. For 34.6 cases in which payment is not made to the public authority, 34.7 application for an adjustment may be made in any month but no 34.8 application for an adjustment may be made sooner than two years 34.9 after the date of the dissolution decree. A court may waive the 34.10 requirement of the cost-of-living clause if it expressly finds 34.11 that the obligor's occupation or income, or both, does not 34.12 provide for cost-of-living adjustment or that the order for 34.13 maintenanceor child supporthas a provision such as a step 34.14 increase that has the effect of a cost-of-living clause. The 34.15 court may waive a cost-of-living adjustment in a maintenance 34.16 order if the parties so agree in writing.The commissioner of34.17human services may promulgate rules for child support34.18adjustments under this section in accordance with the rulemaking34.19provisions of chapter 14.Notice of this statute must comply 34.20 with section 518.68, subdivision 2. 34.21 Subd. 2. [CONDITIONS.] No adjustment under this section 34.22 may be made unless the order provides for it anduntil34.23 (a) the following conditions are met: 34.24(a)(1) the obligee serves notice of the application for 34.25 adjustment by mail on the obligor at the obligor's last known 34.26 address at least 20 days before the effective date of the 34.27 adjustment; 34.28(b)(2) the notice to the obligor informs the obligor of 34.29 the date on which the adjustment in payments will become 34.30 effective; and 34.31(c)(3) after receipt of notice and before the effective 34.32 day of the adjustment, the obligor fails to request a hearing on 34.33 the issue of whether the adjustment should take effect, and ex 34.34 parte, to stay imposition of the adjustment pending outcome of 34.35 the hearing; or 34.36(d)(b) the public authority sends notice of its 35.1 application for adjustment to the obligor at the obligor's last 35.2 known address at least 20 days before the effective date of the 35.3 adjustment, and the notice informs the obligor of the date on 35.4 which the adjustment will become effective and the procedures 35.5 for contesting the adjustment according to section 484.702. 35.6 Subd. 3. [RESULT OF HEARING.] If, at a hearing pursuant to 35.7 this section, the obligor establishes an insufficient cost of 35.8 living or other increase in income that prevents fulfillment of 35.9 the adjusted maintenanceor child supportobligation, the court 35.10 may direct that all or part of the adjustment not take effect. 35.11 If, at the hearing, the obligor does not establish this 35.12 insufficient increase in income, the adjustmentshallmust take 35.13 effect as of the date it would have become effective had no 35.14 hearing been requested. 35.15 Subd. 4.[FORM.] The department of human services shall35.16prepare and make available to the court and obligors a form to35.17be submitted to the department by the obligor in support of a35.18request for hearing under this section regarding a child support35.19order.35.20Subd. 5.[REQUEST FOR COST-OF-LIVING CLAUSE.] A motion for 35.21 enforcement or modification of an existing maintenanceor child35.22supportordershallmust include a request for a cost-of-living 35.23 clause. The court may deny the request only upon an express 35.24 finding that the obligor's occupation, income, or both, does not 35.25 provide for a cost-of-living adjustment or that the existing 35.26 maintenanceor child supportorder either has a cost-of-living 35.27 clause or sets forth a step increase which has the effect of a 35.28 cost-of-living adjustment. 35.29 Sec. 37. Minnesota Statutes 2000, section 518.642, is 35.30 amended to read: 35.31 518.642 [OVERPAYMENTS.] 35.32 Ifchild support ormaintenance is not assigned under 35.33 section 256.741,and an obligor has overpaid achild support or35.34 maintenance obligation because of a modification or error in the 35.35 amount owed, the public authorityshallmust: 35.36 (1) apply the amount of the overpayment to reduce the 36.1 amount of anychild support ormaintenance-related arrearages or 36.2 debts owed to the obligee; and 36.3 (2) if an overpayment exists after the reduction of any 36.4 arrearage or debt, reduce the amount of thechild36.5supportmaintenance remitted to the obligee by an amount no 36.6 greater than 20 percent of the current monthlysupport or36.7 maintenance obligation and remit this amount to the obligor 36.8 until the overpayment is reduced to zero. 36.9 Sec. 38. [518.643] [MAINTENANCE PAYMENT ENFORCEMENT.] 36.10 The enforcement requirements and procedures in sections 36.11 518.551, subdivisions 1, 12, 13, 13a, and 14, 518.5511, 36.12 518.6111, 518.614, 518.615, 518.616, and 518.617, apply to 36.13 maintenance payments as well as child support obligations. 36.14 Sec. 39. Minnesota Statutes 2000, section 518.646, is 36.15 amended to read: 36.16 518.646 [NOTICE OF ORDER.] 36.17Whenever these laws requireIf a law requires service of a 36.18 court's order on an employer, union, or payor of funds, service 36.19 of a verified notice of order may be made in lieuthereofof the 36.20 order. The verified noticeshallmust contain the title of the 36.21 action, the name of the court, the court file number, the date 36.22 of the court order, andshall recitethe operative provisions of 36.23 the order. 36.24 Sec. 40. Minnesota Statutes 2000, section 518.65, is 36.25 amended to read: 36.26 518.65 [PROPERTY; SALE, PARTITION.] 36.27 In order to effect a division or award of propertyas is36.28provided byunder section 518.58, the court may order property 36.29 sold or partitioned. Personal property may be ordered sold in 36.30 the manner directed by the court,and real estate may be 36.31 partitioned in the manner provided by Minnesota Statutes 1949, 36.32 chapter 558. 36.33 Sec. 41. [INSTRUCTION TO REVISOR.] 36.34 The revisor of statutes must renumber the sections in 36.35 Minnesota Statutes 2000 listed in column A as indicated in 36.36 column B and correct cross-references to those sections 37.1 throughout Minnesota Statutes and Minnesota Rules. 37.2 A B 37.3 518.002 517A.02, subd. 5 37.4 518.003 517A.01 37.5 518.005 517A.02 37.6 518.01 517A.05 37.7 518.02 517A.08 37.8 518.03 517A.09 37.9 518.04 517A.10 37.10 518.05 517A.11 37.11 518.055 517A.12 37.12 518.06 517A.15 37.13 518.07 517A.16 37.14 518.09 517A.17 37.15 518.091 517A.18 37.16 518.10 517A.19 37.17 518.11 517A.20 37.18 518.12 517A.21 37.19 518.13 517A.22 37.20 518.131 517A.03 37.21 518.14 517A.04 37.22 518.145 517A.23 37.23 518.146 517A.24 37.24 518.148 517A.26 37.25 518.191 517A.27 37.26 518.195 517A.28 37.27 518.24 517A.29 37.28 518.25 517A.30 37.29 518.27 517A.31 37.30 518.54, subd. 1 517A.32, subd. 1 37.31 518.54, subd. 2a 517A.32, subd. 2 37.32 518.54, subd. 2b 517A.32, subd. 3 37.33 518.54, subd. 3 517A.32, subd. 4 37.34 518.54, subd. 4 517A.32, subd. 5 37.35 518.54, subd. 5 517A.32, subd. 6 37.36 518.54, subd. 6 517A.32, subd. 7 38.1 518.54, subd. 7 517A.32, subd. 8 38.2 518.54, subd. 8 517A.32, subd. 9 38.3 518.54, subd. 9 517A.32, subd. 10 38.4 518.54, subd. 10 517A.32, subd. 11 38.5 518.54, subd. 11 517A.32, subd. 12 38.6 518.54, subd. 12 517A.32, subd. 13 38.7 518.55 517A.34 38.8 518.552 517A.33 38.9 518.58 517A.35 38.10 518.581 517A.36 38.11 518.582 517A.37 38.12 518.583 517A.38 38.13 518.62 517A.40 38.14 518.63 517A.41 38.15 518.64 517A.42 38.16 518.641, subd. 1 517A.43, subd. 1 38.17 518.641, subd. 2 517A.43, subd. 2 38.18 518.641, subd. 3 517A.43, subd. 3 38.19 518.641, subd. 4 517A.43, subd. 4 38.20 518.642 517A.44 38.21 518.646 517A.06 38.22 518.65 517A.46 38.23 518.68 517A.07 38.24 Sec. 42. [REPEALER.] 38.25 Minnesota Statutes 2000, section 518.64, subdivisions 4, 38.26 4a, and 5, are repealed. 38.27 ARTICLE 2 38.28 CUSTODY, PARENTING TIME, AND VISITATION 38.29 GENERAL 38.30 Section 1. [517B.01] [DEFINITIONS.] 38.31 Subdivision 1. [SCOPE.] The definitions in this section 38.32 apply to this chapter. 38.33 Sec. 2. [517B.03] [TEMPORARY ORDERS RELATING TO CUSTODY 38.34 AND PARENTING TIME.] 38.35 (a) A temporary order for custody or parenting time may be 38.36 sought under section 518.131. 39.1 (b) A party seeking a temporary custody order must submit 39.2 with moving papers an affidavit setting forth facts supporting 39.3 the requested order. The party must give notice and a copy of 39.4 the affidavit to other parties to the proceeding, who may file 39.5 opposing affidavits. 39.6 Sec. 3. [517B.04] [CUSTODY AND PARENTING TIME NOTICES.] 39.7 A court order or judgment and decree concerning custody of 39.8 or parenting time with a minor child must contain the notice set 39.9 out in section 517C.99, subdivision 3. 39.10 Sec. 4. [517B.05] [ATTORNEY FEES, COSTS, AND 39.11 DISBURSEMENTS.] 39.12 Attorney fees, costs, and disbursements must be awarded in 39.13 a proceeding under this chapter as provided by section 518.14. 39.14 Sec. 5. [517B.17] [CUSTODY OF CHILDREN.] 39.15 Subdivision 1. [CUSTODY ORDER.] Upon adjudging the nullity 39.16 of a marriage, in a dissolution or legal separation proceeding, 39.17 or in a child custody proceeding, the court must make a further 39.18 order as it deems just and proper concerning: 39.19 (1) the legal custody of each minor child of the parties, 39.20 which must be sole or joint; and 39.21 (2) their physical custody and residence. 39.22 Subd. 2. [STANDARD; PREFERENCE PROHIBITED.] In determining 39.23 custody, the court must consider the best interests of the child 39.24 and must not prefer one parent over the other solely on the 39.25 basis of the sex of the parent. 39.26 Subd. 3. [THE BEST INTERESTS OF THE CHILD; FACTORS.] "The 39.27 best interests of the child" means all relevant factors to be 39.28 considered and evaluated by the court including: 39.29 (1) the wishes of the child's parent or parents as to 39.30 custody; 39.31 (2) the reasonable preference of the child, if the court 39.32 deems the child to be of sufficient age to express a preference; 39.33 (3) the child's primary caretaker; 39.34 (4) the intimacy of the relationship between each parent 39.35 and the child; 39.36 (5) the interaction and interrelationship of the child with 40.1 a parent or parents, siblings, and any other person who may 40.2 significantly affect the child's best interests; 40.3 (6) the child's adjustment to home, school, and community; 40.4 (7) the length of time the child has lived in a stable, 40.5 satisfactory environment and the desirability of maintaining 40.6 continuity; 40.7 (8) the permanence, as a family unit, of the existing or 40.8 proposed custodial home; 40.9 (9) the mental and physical health of all individuals 40.10 involved; except that a disability, as defined in section 40.11 363.01, of a proposed custodian or the child is not 40.12 determinative of the custody of the child, unless the proposed 40.13 custodial arrangement is not in the best interest of the child; 40.14 (10) the capacity and disposition of the parties to give 40.15 the child love, affection, and guidance, and to continue 40.16 educating and raising the child in the child's culture and 40.17 religion or creed, if any; 40.18 (11) the child's cultural background; 40.19 (12) the effect on the child of the actions of an abuser, 40.20 if related to domestic abuse, as defined in section 518B.01, 40.21 that has occurred between the parents or between a parent and 40.22 another individual, whether or not the individual alleged to 40.23 have committed domestic abuse is or ever was a family or 40.24 household member of the parent; 40.25 (13) except in cases in which a finding of domestic abuse 40.26 as defined in section 518B.01 has been made, the disposition of 40.27 each parent to encourage and permit frequent and continuing 40.28 contact by the other parent with the child; and 40.29 (14) evidence of a violation of section 609.507. 40.30 Subd. 4. [BEST INTERESTS DETERMINATION.] The court must 40.31 make detailed findings on each of the factors in subdivision 3 40.32 and explain how the factors led to its conclusion and to the 40.33 determination of the best interests of the child. In 40.34 determining the best interests of a child, the court may not use 40.35 one factor in subdivision 3 to the exclusion of all others. The 40.36 primary caretaker factor may not be used as a presumption in 41.1 determining the best interests of the child. The court may not 41.2 consider conduct of a proposed custodian that does not affect 41.3 the custodian's relationship to the child. 41.4 Sec. 6. [517B.18] [JOINT CUSTODY.] 41.5 Subdivision 1. [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 41.6 addition to the factors listed in section 517B.17, if either 41.7 joint legal or joint physical custody is sought, the court must 41.8 consider the following relevant factors: 41.9 (1) the ability of parents to cooperate in the rearing of 41.10 their child; 41.11 (2) methods for resolving disputes regarding any major 41.12 decision concerning the life of the child, and the parents' 41.13 willingness to use those methods; 41.14 (3) whether it would be detrimental to the child if one 41.15 parent were to have sole authority over the child's upbringing; 41.16 and 41.17 (4) whether domestic abuse, as defined in section 518B.01, 41.18 has occurred between the parents. 41.19 Subd. 2. [PRESUMPTIONS; FINDINGS.] (a) The court must use 41.20 a rebuttable presumption that upon request of either or both 41.21 parties, joint legal custody is in the best interests of the 41.22 child. However, the court must use a rebuttable presumption 41.23 that joint legal or physical custody is not in the best 41.24 interests of the child if domestic abuse, as defined in section 41.25 518B.01, has occurred between the parents. 41.26 (b) If the court awards joint legal or physical custody 41.27 over the objection of a party, the court must make detailed 41.28 findings on each of the factors in this section and explain how 41.29 the factors led to its determination that joint custody would be 41.30 in the best interests of the child. 41.31 Subd. 3. [JOINT CUSTODY; SUPPORT GUIDELINES.] An award of 41.32 joint legal custody is not a reason for departure from the 41.33 support guidelines in section 518.551, subdivision 5. 41.34 Sec. 7. [517B.19] [CUSTODY; ACCESS RIGHTS OF PARENTS; 41.35 LIMITATIONS.] 41.36 Subdivision 1. [ACCESS; LIMITATIONS.] (a) Whether sole or 42.1 joint legal custody is ordered, the court must grant the 42.2 following rights to each of the parties, unless specific 42.3 findings are made under section 518.68, subdivision 1. Each 42.4 party: 42.5 (1) has the right of access to, and to receive copies of, a 42.6 minor child's school, medical, dental, religious training, and 42.7 other important records and information; 42.8 (2) has the right of access to information regarding health 42.9 or dental insurance available to a minor child; 42.10 (3) must keep the other party informed as to the name and 42.11 address of the school a minor child attends; 42.12 (4) must notify the other party, in the case of an accident 42.13 or serious illness of a minor child, of the accident or illness, 42.14 and the name of the health care provider and the place of 42.15 treatment; and 42.16 (5) has the right to reasonable access and telephone 42.17 contact with a minor child. 42.18 (b) Each party has the right to be informed by school 42.19 officials about a child's welfare, educational progress and 42.20 status, and to attend school and parent-teacher conferences. 42.21 The school is not required to hold a separate conference for 42.22 each party. 42.23 (c) The court may waive any of the rights under this 42.24 subdivision if it finds it is necessary to protect the welfare 42.25 of a party or child. 42.26 Sec. 8. Minnesota Statutes 2000, section 518.003, 42.27 subdivision 3, is amended to read: 42.28 Subd. 3. [CUSTODY.] Unless otherwise agreed by the parties: 42.29 (a) "Legal custody" means the right to determine the 42.30 child's upbringing, including education, health care, and 42.31 religious training. 42.32 (b) "Joint legal custody" means that both parents have 42.33 equal rights and responsibilities, including the right to 42.34 participate in major decisions determining the child's 42.35 upbringing, including education, health care, and religious 42.36 training. 43.1 (c) "Physical custody and residence" means the routine 43.2 daily care and control and the residence of the child. 43.3 (d) "Joint physical custody" means that the routine daily 43.4 care and control and the residence of the child is structured 43.5 between the parties. 43.6 (e)Wherever used in this chapter, the term"Custodial 43.7 parent" or "custodian" means the person who has the physical 43.8 custody of the child at any particular time. 43.9 (f) "Custody determination" means a court decision and 43.10 court orders and instructions providing for the custody of a 43.11 child, including parenting time, but does not include a decision 43.12 relating to child support or any other monetary obligation of 43.13 any person. 43.14 (g) "Custody proceeding" includes proceedings in which a 43.15 custody determination is one of several issues, such as an 43.16 action for dissolution, divorce, or separation, and includes 43.17 proceedings involving children who are in need of protection or 43.18 services, domestic abuse, and paternity. 43.19 Sec. 9. Minnesota Statutes 2000, section 518.155, is 43.20 amended to read: 43.21 518.155 [CUSTODYDETERMINATIONSAND PARENTING TIME 43.22 JURISDICTION.] 43.23 Notwithstanding any law to the contrary, a court in which a 43.24 proceeding for dissolution, legal separation, or child custody 43.25 has been commencedshallmust not issue, revise, modify or amend 43.26 any order, pursuant tosectionssection 518.131, 518.165, 43.27 518.168, 518.17, 518.175 or 518.18,whichthat affects the 43.28 custody of a minor child or the parenting time of a noncustodial 43.29 parent unless the court has jurisdiction over the matter 43.30 pursuant to the provisions of chapter 518D. 43.31 Sec. 10. Minnesota Statutes 2000, section 518.156, is 43.32 amended to read: 43.33 518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.] 43.34 Subdivision 1. [PROCEDURE.] In a court of this statewhich43.35 that has jurisdiction to decide child custody matters, a child 43.36 custody proceeding is commenced: 44.1 (a) by a parent 44.2 (1) by filing a petition for dissolution or legal 44.3 separation; or 44.4 (2)whereif a decree of dissolution or legal separation 44.5 has been entered or where none is sought, orwhenif paternity 44.6 has been recognized under section 257.75, by filing a petition 44.7 or motion seeking custody or parenting time with the child in 44.8 the county where the child is permanently resident or where the 44.9 child is found or where an earlier order for custody of the 44.10 child has been entered; or 44.11 (b) by a person other than a parent,whereif a decree of 44.12 dissolution or legal separation has been entered orwhereif 44.13 none is sought by filing a petition or motion seeking custody or 44.14 visitation of the child in the county where the child is 44.15 permanently resident or where the child is found or where an 44.16 earlier order for custody of the child has been entered. A 44.17 person seeking visitation pursuant to this paragraph must 44.18 qualify under one of the provisions of section 257.022. 44.19 Subd. 2. [REQUIRED NOTICE.] Written notice of a child 44.20 custody or parenting time or visitation proceedingshallmust be 44.21 given to the child's parent, guardian, and custodian, who may 44.22 appear and be heard and may file a responsive pleading. The 44.23 court may, upon a showing of good cause, permit the intervention 44.24 of other interested parties. 44.25 Sec. 11. Minnesota Statutes 2000, section 518.157, 44.26 subdivision 1, is amended to read: 44.27 Subdivision 1. [IMPLEMENTATION; ADMINISTRATION.]By44.28January 1, 1998,The chief judge of each judicial district or a 44.29 designeeshallmust implement one or more parent education 44.30 programs within the judicial district for the purpose of 44.31 educating parents about the impact that divorce, the 44.32 restructuring of families, and judicial proceedings have upon 44.33 children and families; methods for preventing parenting time 44.34 conflicts; and dispute resolution options. The chief judge of 44.35 each judicial district or a designee may require that children 44.36 attend a separate education program designed to deal with the 45.1 impact of divorce upon children as part of the parent education 45.2 program. Each parent education program must enable persons to 45.3 have timely and reasonable access to education sessions. 45.4 Sec. 12. Minnesota Statutes 2000, section 518.157, 45.5 subdivision 2, is amended to read: 45.6 Subd. 2. [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 45.7 court should promulgate minimum standards for the implementation 45.8 and administration of a parent education program. The chief 45.9 judge of each judicial district or a designeeshallmust submit 45.10 a plan to the Minnesota conference of chief judges for their 45.11 approval that is designed to implement and administer a parent 45.12 education program in the judicial district. The plan must be 45.13 consistent with the minimum standards promulgated by the 45.14 Minnesota supreme court. 45.15 Sec. 13. Minnesota Statutes 2000, section 518.157, 45.16 subdivision 3, is amended to read: 45.17 Subd. 3. [ATTENDANCE.] In a proceeding under this chapter 45.18 or sections 257.51 to 257.75 where custody or parenting time is 45.19 contested, the parents of a minor childshallmust attend an 45.20 orientation and education program that meets the minimum 45.21 standards promulgated by the Minnesota supreme court. In all 45.22 other proceedings involving custody, support, or parenting time 45.23 the court may order the parents of a minor child to attend a 45.24 parent education program. The programshallmust provide the 45.25 court with names of persons who fail to attend the parent 45.26 education program as ordered by the court. Persons who are 45.27 separated or contemplating involvement in a dissolution, 45.28 paternity, custody, or parenting time proceeding may attend a 45.29 parent education program without a court order. Participation 45.30 in a parent education program must occur as early as possible. 45.31 Parent education programs must offer an opportunity to 45.32 participate at all phases of a pending or postdecree 45.33 proceeding. Upon request of a party and a showing of good 45.34 cause, the court may excuse the party from attending the 45.35 program. If past or present domestic abuse, as defined in 45.36 chapter 518B, is alleged, the courtshallmust not require the 46.1 parties to attend the same parent education sessions andshall46.2 must enter an order setting forth the manner in which the 46.3 parties may safely participate in the program. 46.4 Sec. 14. Minnesota Statutes 2000, section 518.157, 46.5 subdivision 5, is amended to read: 46.6 Subd. 5. [CONFIDENTIALITY.] Unless all parties agree in 46.7 writing, statements made by a party during participation in a 46.8 parent education program are inadmissible as evidence for any 46.9 purpose, including impeachment. No record may be made regarding 46.10 a party's participation in a parent education program, except a 46.11 record of attendance at and completion of the program as 46.12 required under this section. Instructorsshallmust not 46.13 disclose information regarding an individual participant 46.14 obtained as a result of participation in a parent education 46.15 program. Parent education instructors may not be subpoenaed or 46.16 called as witnesses in court proceedings. 46.17 Sec. 15. Minnesota Statutes 2000, section 518.157, 46.18 subdivision 6, is amended to read: 46.19 Subd. 6. [FEE.] Except as provided in this subdivision, 46.20 each person who attends a parent education programshallmust 46.21 pay a fee to defray the cost of the program. A party who 46.22 qualifies for waiver of filing fees under section 563.01 is 46.23 exempt from paying the parent education program fee and the 46.24 courtshallmust waive the fee or direct its payment under 46.25 section 563.01. Program providers shall implement a sliding fee 46.26 scale. 46.27 Sec. 16. Minnesota Statutes 2000, section 518.158, 46.28 subdivision 2, is amended to read: 46.29 Subd. 2. [EMERGENCY CUSTODY HEARING.] If the parent seeks 46.30 to remove the child from the home of the relative or if the 46.31 relative seeks to remove the child from the home of the parent 46.32 and the applicable factors in subdivision 1 exist, the relative 46.33 may apply for an ex parte temporary order for custody of the 46.34 child. The application must include an affidavit made under 46.35 oath that states with particularity the specific facts and 46.36 circumstances on which the application is based. The court 47.1shallmust grant temporary custody if it finds, based on the 47.2 application, that the applicable factors in subdivision 1 47.3 exist. If it finds that the factors in subdivision 1 do not 47.4 exist, the courtshallmust order that the child be returned to 47.5 or remain with the parent. An ex parte temporary custody order 47.6 under this subdivision is effective for a fixed period not to 47.7 exceed 14 days. A temporary custody hearing under this chapter 47.8 must be set for not later than seven days after issuance of the 47.9 ex parte temporary custody order, except that if the ex parte 47.10 temporary custody order is based on the grounds under 47.11 subdivision 1, paragraph (b), clause (2), the temporary custody 47.12 hearing must be set for not later than 72 hours, excluding 47.13 Saturdays, Sundays, and holidays, after issuance of the order. 47.14 The parent must be promptly served with a copy of the ex parte 47.15 order and the petition and notice of the date for the hearing. 47.16 Sec. 17. Minnesota Statutes 2000, section 518.158, 47.17 subdivision 4, is amended to read: 47.18 Subd. 4. [RETURN TO PARENT.] If the court orders permanent 47.19 custody to a relative under this section, the courtshallmust 47.20 set conditions the parent must meet in order to obtain custody. 47.21 The court may notify the parent that the parent may request 47.22 assistance from the local social service agency in order to meet 47.23 the conditions set by the court. 47.24 Sec. 18. Minnesota Statutes 2000, section 518.165, is 47.25 amended to read: 47.26 518.165 [GUARDIANS FOR MINOR CHILDREN.] 47.27 Subdivision 1. [PERMISSIVE APPOINTMENT OF GUARDIAN AD 47.28 LITEM.] In all proceedings for child custody or for dissolution 47.29 or legal separation where custody or parenting time with a minor 47.30 child is in issue, the court may appoint a guardian ad litem 47.31 from a panel established by the court to represent the interests 47.32 of the child. The guardian ad litemshallmust advise the court 47.33 with respect to custody, support, and parenting time. 47.34 Subd. 2. [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] In 47.35 all proceedings for child custody or for marriage dissolution or 47.36 legal separation in which custody or parenting time with a minor 48.1 child is an issue, if the court has reason to believe that the 48.2 minor child is a victim of domestic child abuse or neglect, as 48.3 those terms are defined in sections 260C.007 and 626.556, 48.4 respectively, the courtshallmust appoint a guardian ad litem. 48.5 The guardian ad litemshallmust represent the interests of the 48.6 child and advise the court with respect to custody, support, and 48.7 parenting time. If the child is represented by a guardian ad 48.8 litem in any other pending proceeding, the court may appoint 48.9 that guardian to represent the child in the custody or parenting 48.10 time proceeding. No guardian ad litem need be appointed if the 48.11 alleged domestic child abuse or neglect is before the court on a 48.12 juvenile dependency and neglect petition. Nothing in this 48.13 subdivision requires the court to appoint a guardian ad litem in 48.14 any proceeding for child custody, marriage dissolution, or legal 48.15 separation in which an allegation of domestic child abuse or 48.16 neglect has not been made. 48.17 Subd. 2a. [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 48.18 guardian ad litemshallmust carry out the following 48.19 responsibilities: 48.20 (1) conduct an independent investigation to determine the 48.21 facts relevant to the situation of the child and the family, 48.22 which must include, unless specifically excluded by the court, 48.23 reviewing relevant documents; meeting with and observing the 48.24 child in the home setting and considering the child's wishes, as 48.25 appropriate; and interviewing parents, caregivers, and others 48.26 with knowledge relevant to the case; 48.27 (2) advocate for the child's best interests by 48.28 participating in appropriate aspects of the case and advocating 48.29 for appropriate community services when necessary; 48.30 (3) maintain the confidentiality of information related to 48.31 a case, with the exception of sharing information as permitted 48.32 by law to promote cooperative solutions that are in the best 48.33 interests of the child; 48.34 (4) monitor the child's best interests throughout the 48.35 judicial proceeding; and 48.36 (5) present written reports on the child's best interests 49.1 that include conclusions and recommendations and the facts upon 49.2 which they are based. 49.3 Subd. 3. [FEES.] (a) A guardian ad litem appointed under 49.4 either subdivision 1 or 2 may be appointed either as a volunteer 49.5 or on a fee basis. If a guardian ad litem is appointed on a fee 49.6 basis, the courtshallmust enter an order for costs, fees, and 49.7 disbursements in favor of the child's guardian ad litem. The 49.8 order may be made against either or both parties, except that 49.9 any part of the costs, fees, or disbursements which the court 49.10 finds the parties are incapable of payingshallmust be borne by 49.11 the state courts. The costs of court-appointed counsel to the 49.12 guardian ad litemshallmust be paid by the county in which the 49.13 proceeding is being held if a party is incapable of paying for 49.14 them. Until the recommendations of the task force created in 49.15 Laws 1999, chapter 216, article 7, section 42, are implemented, 49.16 the costs of court-appointed counsel to a guardian ad litem in 49.17 the eighth judicial districtshallmust be paid by the state 49.18 courts if a party is incapable of paying for them. In no event 49.19 may the court order that costs, fees, or disbursements be paid 49.20 by a party receiving public assistance or legal assistance or by 49.21 a party whose annual income falls below the poverty line as 49.22 established under United States Code, title 42, section 9902(2). 49.23 (b) In each fiscal year, the state treasurershallmust 49.24 deposit guardian ad litem reimbursements in the general fund and 49.25 credit them to a separate account with the trial courts. The 49.26 balance of this account is appropriated to the trial courts and 49.27 does not cancel but is available until expended. Expenditures 49.28 by the state court administrator's office from this account must 49.29 be based on the amount of the guardian ad litem reimbursements 49.30 received by the state from the courts in each judicial district. 49.31 Sec. 19. Minnesota Statutes 2000, section 518.166, is 49.32 amended to read: 49.33 518.166 [INTERVIEWS.] 49.34 The court may interview the child in chambers to ascertain 49.35 the child's reasonable preference as to custodian, if the court 49.36 deems the child to be of sufficient age to express preference. 50.1 The courtshallmust permit counsel to be present at the 50.2 interview andshallmust permit counsel to propound reasonable 50.3 questions to the child either directly or through the court. 50.4 The courtshallmust cause a record of the interview to be made 50.5 and to be made part of the record in the case unless waived by 50.6 the parties. 50.7 In contested custody proceedings, and in other custody 50.8 proceedings if a parent or the child's custodian requests, the 50.9 court may seek the recommendations of professional personnel 50.10 whether or not they are employed on a regular basis by the 50.11 court. The recommendations givenshallmust be in writing and 50.12shallmust be made available by the court to counsel upon 50.13 request. Counsel may call for cross-examination of professional 50.14 personnel consulted by the court. 50.15 Sec. 20. Minnesota Statutes 2000, section 518.167, 50.16 subdivision 3, is amended to read: 50.17 Subd. 3. [AVAILABILITY TO COUNSEL.] The courtshallmust 50.18 mail the investigator's report to counsel and to any party not 50.19 represented by counsel at least ten days before the hearing. 50.20 The investigatorshallmust maintain and, upon request, make 50.21 available to counsel and to a party not represented by counsel 50.22 the investigator's file of underlying data and reports, complete 50.23 texts of diagnostic reports made to the investigator pursuant to 50.24 the provisions of subdivision 2, and the names and addresses of 50.25 all persons whom the investigator has consulted.The50.26investigator and any person the investigator has consulted is50.27subject to other pretrial discovery in accordance with the50.28requirements of the Minnesota Rules of Civil Procedure.50.29Mediation proceedings are not subject to discovery without50.30written consent of both parties. A party to the proceeding may50.31call the investigator and any person whom the investigator has50.32consulted for cross-examination at the hearing. A party may not50.33waive the right of cross-examination before the hearing.50.34 Sec. 21. Minnesota Statutes 2000, section 518.167, 50.35 subdivision 4, is amended to read: 50.36 Subd. 4. [USE ATDISCOVERY; HEARING.] The investigator and 51.1 any person the investigator has consulted is subject to other 51.2 pretrial discovery in accordance with the requirements of the 51.3 Minnesota Rules of Civil Procedure. Mediation proceedings are 51.4 not subject to discovery without written consent of both 51.5 parties. A party to the proceeding may call the investigator 51.6 and any person whom the investigator has consulted for 51.7 cross-examination at the hearing. A party may not waive the 51.8 right of cross-examination before the hearing. The 51.9 investigator's report may be received in evidence at the hearing. 51.10 Sec. 22. Minnesota Statutes 2000, section 518.167, 51.11 subdivision 5, is amended to read: 51.12 Subd. 5. [COSTS.] The courtshallmust order all or part 51.13 of the cost of the investigation and report to be paid by either 51.14 or both parties, based on their ability to pay. Any part of the 51.15 cost that the court finds the parties are incapable of paying 51.16 must be borne by thecounty welfarelocal social services agency 51.17 or department of court services that performs the 51.18 investigation. The court may not order costs under this 51.19 subdivision to be paid by a party receiving public assistance or 51.20 legal assistance from a qualified legal services program or by a 51.21 party whose annual income falls below the poverty line under 51.22 United States Code, title 42, section 9902(2). 51.23 Sec. 23. Minnesota Statutes 2000, section 518.168, is 51.24 amended to read: 51.25 518.168 [HEARINGS.] 51.26 (a) Custody proceedingsshallmust receive priority in 51.27 being set for hearing. 51.28 (b) The court may tax as costs the payment of necessary 51.29 travel and other expenses incurred by a person whose presence at 51.30 the hearing the court deems necessary to determine the best 51.31 interests of the child. 51.32 (c) The court without a juryshallmust determine questions 51.33 of law and fact. If it finds that a public hearing may be 51.34 detrimental to the child's best interests, the court may exclude 51.35 the public from a custody hearing, but may admit any person who 51.36 has a direct interest in the particular case. 52.1 (d) If the court finds it necessary for the protection of 52.2 the child's welfare that the record of an interview, report, 52.3 investigation, or testimony in a custody proceeding not bekept52.4secretdisclosed, the court may make an appropriate order 52.5 sealing the record. 52.6 Sec. 24. Minnesota Statutes 2000, section 518.1705, 52.7 subdivision 6, is amended to read: 52.8 Subd. 6. [RESTRICTIONS ON PREPARATION AND CONTENT OF 52.9 PARENTING PLAN.] (a) Dispute resolution processes other than the 52.10 judicial process may not be required in the preparation of a 52.11 parenting plan if a parent is alleged to have committed domestic 52.12 abuse toward a parent or child who is a party to, or subject of, 52.13 the matter before the court. In these cases, the courtshall52.14 must consider the appointment of a guardian ad litem and a 52.15 parenting plan evaluator. 52.16 (b) The court may not require a parenting plan that 52.17 provides for joint legal custody or use of dispute resolution 52.18 processes, other than the judicial process,if the court finds 52.19 that section 518.179 applies, or the court finds that either 52.20 parent has engaged in the following toward a parent or child who 52.21 is a party to, or subject of, the matter before the court: 52.22 (1) acts of domestic abuse, including physical harm, bodily 52.23 injury, and infliction of fear of physical harm, assault, 52.24 terroristic threats, or criminal sexual conduct; 52.25 (2) physical, sexual, or a pattern of emotional abuse of a 52.26 child; or 52.27 (3) willful abandonment that continues for an extended 52.28 period of time or substantial refusal to perform parenting 52.29 functions. 52.30 Sec. 25. Minnesota Statutes 2000, section 518.175, 52.31 subdivision 1, is amended to read: 52.32 Subdivision 1. [GENERAL.] (a) In all proceedings for 52.33 dissolution or legal separation, subsequent to the commencement 52.34 of the proceeding and continuing thereafter during the minority 52.35 of the child, the courtshallmust, upon the request of either 52.36 parent, grantsuchparenting time on behalf of the child and 53.1 noncustodial parentasthat will enable the child and the 53.2 noncustodial parent to maintain a child to parent relationship 53.3 that will be in the best interests of the child. If the court 53.4 finds, after a hearing, that parenting time is likely to 53.5 endanger the child's physical or emotional health or impair the 53.6 child's emotional development, the courtshallmust restrict 53.7 parenting time with the noncustodial parent as to time, place, 53.8 duration, or supervision and may deny parenting time entirely, 53.9 as the circumstances warrant. The courtshallmust consider the 53.10 age of the child and the child's relationship with the 53.11 noncustodial parentprior tobefore the commencement of the 53.12 proceeding. A parent's failure to pay support because of the 53.13 parent's inability to do soshallis notbesufficient cause for 53.14 denial of parenting time. 53.15 (b) The court may provide that a law enforcement officer or 53.16 other appropriate person will accompany a party seeking to 53.17 enforce or comply with parenting time. 53.18 (c) Upon request of either party, to the extent practicable 53.19 an order for parenting time must include a specific schedule for 53.20 parenting time, including the frequency and duration of 53.21 visitation and visitation during holidays and vacations, unless 53.22 parenting time is restricted, denied, or reserved. 53.23 (d) The court administratorshallmust provide a form for a 53.24 pro se motion regarding parenting time disputes, whichincludes53.25 must include provisions for indicating the relief requested, an 53.26 affidavit in which the party may state the facts of the dispute, 53.27 and a brief description of the parenting time expeditor process 53.28 under section 518.1751. The form may not include a request for 53.29 a change of custody. The courtshallmust provide instructions 53.30 on serving and filing the motion. 53.31 Sec. 26. Minnesota Statutes 2000, section 518.175, 53.32 subdivision 1a, is amended to read: 53.33 Subd. 1a. [DOMESTIC ABUSE; SUPERVISED PARENTING TIME.] (a) 53.34 If a custodial parent requests supervised parenting time under 53.35 subdivision 1 or 5 and an order for protection under chapter 53.36 518B or a similar law of another state is in effect against the 54.1 noncustodial parent to protect the custodial parent or the 54.2 child, the judge or judicial officer must consider the order for 54.3 protection in making a decision regarding parenting time. 54.4 (b) The state court administrator, in consultation with 54.5 representatives of custodial and noncustodial parents and other 54.6 interested persons,shallmust develop standards to be met by 54.7 persons who are responsible for supervising parenting time. 54.8 Either parent may challenge the appropriateness of an individual 54.9 chosen by the court to supervise parenting time. 54.10 Sec. 27. Minnesota Statutes 2000, section 518.175, 54.11 subdivision 2, is amended to read: 54.12 Subd. 2. [RIGHTS OF CHILDREN AND NONCUSTODIAL PARENT.] 54.13 Upon the request of either parent, the court may inform any 54.14 child of the parties, if eight years of age or older, or 54.15 otherwise of an age of suitable comprehension, of the rights of 54.16 the child and the noncustodial parent under the order or decree 54.17 or any substantial amendmentthereofof it. The custodial 54.18 parentshallmust present the child for parenting time with the 54.19 noncustodial parent, atsuchthe timesasthe court directs. 54.20 Sec. 28. Minnesota Statutes 2000, section 518.175, 54.21 subdivision 3, is amended to read: 54.22 Subd. 3. [MOVE TO ANOTHER STATE.] The custodial parent 54.23shallmust not move the residence of the child to another state 54.24 except upon order of the court or with the consent of the 54.25 noncustodial parent,whenif the noncustodial parent has been 54.26 given parenting time by the decree. If the purpose of the move 54.27 is to interfere with parenting time given to the noncustodial 54.28 parent by the decree, the courtshallmust not permit the 54.29 child's residence to be moved to another state. 54.30 Sec. 29. Minnesota Statutes 2000, section 518.175, 54.31 subdivision 5, is amended to read: 54.32 Subd. 5. [MODIFICATION OF PARENTING PLAN OR ORDER FOR 54.33 PARENTING TIME.] If modification would serve the best interests 54.34 of the child, the courtshallmust modify the decision-making 54.35 provisions of a parenting plan or an order granting or denying 54.36 parenting time, if the modification would not change the child's 55.1 primary residence. Except as provided in section 631.52, the 55.2 court may not restrict parenting time unless it finds that: 55.3 (1) parenting time is likely to endanger the child's 55.4 physical or emotional health or impair the child's emotional 55.5 development; or 55.6 (2) the noncustodial parent has chronically and 55.7 unreasonably failed to comply with court-ordered parenting time. 55.8 If the custodial parent makes specific allegations that 55.9 parenting time places the custodial parent or child in danger of 55.10 harm, the courtshallmust hold a hearing at the earliest 55.11 possible time to determine the need to modify the order granting 55.12 parenting time. Consistent with subdivision 1a, the court may 55.13 require a third party, including the local social services 55.14 agency, to supervise the parenting time or may restrict a 55.15 parent's parenting time if necessary to protect the custodial 55.16 parent or child from harm. In addition, if there is an existing 55.17 order for protection governing the parties, the courtshallmust 55.18 consider the use of an independent, neutral exchange location 55.19 for parenting time. 55.20 Sec. 30. Minnesota Statutes 2000, section 518.175, 55.21 subdivision 6, is amended to read: 55.22 Subd. 6. [REMEDIES.] (a) The court may provide for one or 55.23 more of the following remedies for denial of or interference 55.24 with court-ordered parenting time as provided under this 55.25 subdivision. All parenting time orders must include notice of 55.26 the provisions of this subdivision. 55.27 (b) If the court finds that a person has been deprived of 55.28 court-ordered parenting time, the courtshallmust order the 55.29 custodial parent to permit additional parenting time to 55.30 compensate for the parenting time of which the person was 55.31 deprived or the courtshallmust make specific findings as to 55.32 why a request for compensatory parenting time is denied. If 55.33 compensatory parenting time is awarded, additional parenting 55.34 time must be: 55.35 (1) at least of the same type and duration as the deprived 55.36 parenting time and, at the discretion of the court, may be in 56.1 excess of or of a different type than the deprived parenting 56.2 time; 56.3 (2) taken within one year after the deprived parenting 56.4 time; and 56.5 (3) at a time acceptable to the person deprived of 56.6 parenting time. 56.7 (c) If the court finds that a party has wrongfully failed 56.8 to comply with a parenting time order or a binding agreement or 56.9 decision under section 518.1751, the court may: 56.10 (1) impose a civil penalty of up to $500 on the party; 56.11 (2) require the party to post a bond with the court for a 56.12 specified period of time to secure the party's compliance; 56.13 (3) award reasonable attorney's fees and costs; 56.14 (4) require the party who violated the parenting time order 56.15 or binding agreement or decision of the parenting time expeditor 56.16 to reimburse the other party for costs incurred as a result of 56.17 the violation of the order or agreement or decision; or 56.18 (5) award any other remedy that the court finds to be in 56.19 the best interests of the children involved. 56.20 A civil penalty imposed under this paragraph must be 56.21 deposited in the county general fund and must be used to fund 56.22 the costs of a parenting time expeditor program in a county with 56.23 this program. In other counties, the civil penalty must be 56.24 deposited in the state general fund. 56.25 (d) If the court finds that a party has been denied 56.26 parenting time and has incurred expenses in connection with the 56.27 denied parenting time, the court may require the party who 56.28 denied parenting time to post a bond in favor of the other party 56.29 in the amount of prepaid expenses associated with upcoming 56.30 planned parenting time. 56.31 (e) Proof of an unwarranted denial of or interference with 56.32 duly established parenting time may constitute contempt of court 56.33 and may be sufficient cause for reversal of custody. 56.34 Sec. 31. Minnesota Statutes 2000, section 518.175, 56.35 subdivision 7, is amended to read: 56.36 Subd. 7. [GRANDPARENT VISITATION.] In all proceedings for 57.1 dissolution or legal separation, after the commencement of the 57.2 proceeding or at any time after completion of the proceedings, 57.3 and continuing during the child's minorityof the child, the 57.4 court may make an order granting visitation rights to 57.5 grandparentsunderand other individuals as provided by section 57.6 257.022, subdivision 2. 57.7 Sec. 32. Minnesota Statutes 2000, section 518.175, 57.8 subdivision 8, is amended to read: 57.9 Subd. 8. [CARE OF CHILD BY NONCUSTODIAL PARENT.] The court 57.10 may allow additional parenting time to the noncustodial parent 57.11 to provide child care while the custodial parent is working if 57.12 this arrangement is reasonable and in the best interests of the 57.13 child, as defined in section 518.17, subdivision 1. In 57.14 addition, the courtshallmust consider: 57.15 (1) the ability of the parents to cooperate; 57.16 (2) methods for resolving disputes regarding the care of 57.17 the child, and the parents' willingness to use those methods; 57.18 and 57.19 (3) whether domestic abuse, as defined in section 518B.01, 57.20 has occurred between the parties. 57.21 Sec. 33. Minnesota Statutes 2000, section 518.1751, 57.22 subdivision 1b, is amended to read: 57.23 Subd. 1b. [PURPOSE; DEFINITIONS.] (a) The purpose of a 57.24 parenting time expeditor is to resolve parenting time disputes 57.25 by enforcing, interpreting, clarifying, and addressing 57.26 circumstances not specifically addressed by an existing 57.27 parenting time order and, if appropriate, to make a 57.28 determination as to whether the existing parenting time order 57.29 has been violated. A parenting time expeditor may be appointed 57.30 to resolve a one-time parenting time dispute or to provide 57.31 ongoing parenting time dispute resolution services. 57.32 (b) For purposes of this section, "parenting time dispute" 57.33 means a disagreement among parties about parenting time with a 57.34 child, including a dispute about an anticipated denial of future 57.35 scheduled parenting time. "Parenting time dispute" includes a 57.36 claim by a custodial parent that a noncustodial parent is not 58.1 spending time with a child as well as a claim by a noncustodial 58.2 parent that a custodial parent is denying or interfering with 58.3 parenting time. 58.4 (c) A "parenting time expeditor" is a neutral person 58.5 authorized to use a mediation-arbitration process to resolve 58.6 parenting time disputes. A parenting time expeditorshallmust 58.7 attempt to resolve a parenting time dispute by facilitating 58.8 negotiations between the parties to promote settlementand,. If 58.9 it becomes apparent that the dispute cannot be resolved by an 58.10 agreement of the parties, the parenting time expeditorshall58.11 must make a decision resolving the dispute. 58.12 Sec. 34. Minnesota Statutes 2000, section 518.1751, 58.13 subdivision 2, is amended to read: 58.14 Subd. 2. [APPOINTMENT.] (a) The parties may stipulate to 58.15 the appointment of a parenting time expeditor or a team of two 58.16 expeditors without appearing in court by submitting to the court 58.17 a written agreement identifying the names of the individuals to 58.18 be appointed by the court; the nature of the dispute; the 58.19 responsibilities of the parenting time expeditor, including 58.20 whether the expeditor is appointed to resolve a specific issue 58.21 or on an ongoing basis; the term of the appointment; and the 58.22 apportionment of fees and costs. The courtshallmust review 58.23 the agreement of the parties. 58.24 (b) If the parties cannot agree on a parenting time 58.25 expeditor, the courtshallmust provideto the partiesthem with 58.26 a copy of the court administrator's roster of parenting time 58.27 expeditors and require the parties to exchange the names of 58.28 three potential parenting time expeditors by a specific date. 58.29 If after exchanging names the parties are unable to agree upon a 58.30 parenting time expeditor, the courtshallmust select the 58.31parenting timeexpeditor and, in its discretion, may appoint one 58.32 expeditor or a team of twoexpeditors. In the selection process 58.33 the court must give consideration to the financial circumstances 58.34 of the parties and the fees of those being considered 58.35 asparenting timeexpeditors. Preference must be given to 58.36 persons who agree to volunteer their services or who will charge 59.1 a variable fee for services based on the ability of the parties 59.2 to pay for them. 59.3 (c) An order appointing a parenting time expeditor must 59.4 identify the name of the individual to be appointed, the nature 59.5 of the dispute, the responsibilities of the expeditor including 59.6 whether the expeditor is appointed to resolve a specific issue 59.7 or on an ongoing basis, the term of the appointment, the 59.8 apportionment of fees, and notice that if the parties are unable 59.9 to reach an agreement with the expeditor's assistanceof the59.10expeditor, the expeditor is authorized to make a decision 59.11 resolving the dispute which is binding upon the parties unless 59.12 modified or vacated by the court. 59.13 Sec. 35. Minnesota Statutes 2000, section 518.1751, 59.14 subdivision 2a, is amended to read: 59.15 Subd. 2a. [FEES.]Prior toBefore appointing the parenting 59.16 time expeditor, the courtshallmust give the parties notice 59.17 that the expeditor's feesof the expeditorwill be apportioned 59.18 among the parties. In its order appointing the expeditor, the 59.19 courtshallmust apportion the expeditor's feesof the expeditor59.20 among the parties, with each party bearing the portion of fees 59.21 that the court determines is just and equitable under the 59.22 circumstances. If a party files a pro se motion regarding a 59.23 parenting time dispute and there is notaan existing court 59.24 orderthat provides for apportionment ofapportioning the fees 59.25 of an expeditor, the court administrator may require the party 59.26 requestingtheappointment of an expeditor to pay the 59.27 expeditor's feesof the expeditorin advance. Neither party may 59.28 be required to submit a dispute toa visitationan expeditor if 59.29 the party cannot afford to payforthe feesof an expeditorand 59.30 an affordable expeditor is not available, unless the other party 59.31 agrees to pay the fees. After fees are incurred, a party may by 59.32 motion request that the fees be reapportioned on equitable 59.33 grounds. The court may consider the resources of the parties, 59.34 the nature of the dispute, and whether a party acted in bad 59.35 faith. The court may consider information from the expeditor in 59.36 determining bad faith. 60.1 Sec. 36. Minnesota Statutes 2000, section 518.1751, 60.2 subdivision 2b, is amended to read: 60.3 Subd. 2b. [ROSTER OF PARENTING TIME EXPEDITORS.]EachThe 60.4 court administratorshallmust maintain and make available 60.5 to judicial officers and the publicand judicial officersa 60.6 roster of individuals available to serve as parenting time 60.7 expeditors, including. The roster must include each 60.8 individual's name, address, telephone number, and fee charged, 60.9 if any. A court administratorshallmust not place on the 60.10 roster the name of an individual who has not completed the 60.11 training required in subdivision 2c. If the use ofa parenting60.12timean expeditor is initiated by stipulation of the parties, 60.13 the parties may agree upon a person to serve as an expeditor 60.14 even if that person has not completed the training described in 60.15 subdivision 2c. The court may appointa person to serveas an 60.16 expeditoreven if thea person who is not on the court 60.17 administrator's roster, but may not appoint a person who has not 60.18 completed the training described in subdivision 2c, unless so 60.19 stipulated by the parties. To maintain one's listing on a court 60.20 administrator's roster of parenting time expeditors, an 60.21 individualshallmust annually submit to the court administrator 60.22 proof of completion of continuing education requirements. 60.23 Sec. 37. Minnesota Statutes 2000, section 518.1751, 60.24 subdivision 2c, is amended to read: 60.25 Subd. 2c. [TRAINING AND CONTINUING EDUCATION 60.26 REQUIREMENTS.] To qualify for listing on a court administrator's 60.27 roster of parenting time expeditors, an individualshallmust 60.28 complete a minimum of 40 hours of family mediation training that 60.29 has been certified by the Minnesota supreme court, which. The 60.30 training must include certified training in domestic abuse 60.31 issues as required under Rule 114 of the Minnesota General Rules 60.32 of Practice for the District Courts. Tomaintain one's listing60.33 remain listed on a court administrator's roster of parenting 60.34 time expeditors, an individualshallmust annually attend three 60.35 hours of continuing education about alternative dispute 60.36 resolution subjects. 61.1 Sec. 38. Minnesota Statutes 2000, section 518.1751, 61.2 subdivision 3, is amended to read: 61.3 Subd. 3. [AGREEMENT OR DECISION.] (a) Within five days of 61.4 notice of the appointment, or within five days of notice of a 61.5 subsequent parenting time dispute between the same parties, the 61.6 parenting time expeditorshallmust meet with the parties 61.7 together or separately andshallmake a diligent effort to 61.8 facilitate an agreement to resolve the dispute. If a parenting 61.9 time dispute requires immediate resolution, theparenting time61.10 expeditor may confer with the parties through a telephone 61.11 conference or similar means. An expeditor may make a decision 61.12 without conferring with a party if the expeditor made a good 61.13 faith effort to confer with the party, but the party chose not 61.14 to participate in resolution of the dispute. 61.15 (b) If the parties do not reach an agreement, the expeditor 61.16shallmust make a decision resolving the dispute as soon as 61.17 possible, but not later than five days after receiving all 61.18 information necessary to make a decision and after the final 61.19 meeting or conference with the parties. The expeditor is 61.20 authorized to award compensatory parenting time under section 61.21 518.175, subdivision 6, and may recommend to the court that the 61.22 noncomplying party pay attorney's fees, court costs, and other 61.23 costs under section 518.175, subdivision 6, paragraph (d), if 61.24 the parenting time order has been violated. The expeditorshall61.25not loseretains the authority to make a decision if 61.26 circumstances beyond the expeditor's control make it 61.27 impracticable to meet the five-day timelines. 61.28 (c) Unless the parties mutually agree, the parenting time 61.29 expeditorshallmust not make a decision that is inconsistent 61.30 with an existing parenting time order, but may make decisions 61.31 interpreting or clarifying a parenting time order, including the 61.32 development of a specific schedule when the existing court order 61.33 grants "reasonable parenting time." 61.34 (d) The expeditorshallmust put an agreement or decision 61.35 in writing and provide a copy to the parties. The expeditor may 61.36 include or omit reasons for the agreement or decision. An 62.1 agreement of the parties or a decision of the expeditor is 62.2 binding on the parties unless vacated or modified by the court. 62.3 If a party does not comply with an agreement of the parties or a 62.4 decision of the expeditor, any party may bring a motion with the 62.5 court andshallmust attach a copy of the parties' written 62.6 agreement or decision of the expeditor. The court may enforce, 62.7 modify, or vacate the agreement of the parties or the decision 62.8 of the expeditor. 62.9 Sec. 39. Minnesota Statutes 2000, section 518.176, is 62.10 amended to read: 62.11 518.176 [JUDICIAL SUPERVISION.] 62.12Subdivision 1. Except as otherwise agreed by the parties62.13in writing at the time of the custody order,(a) The custodian 62.14 may determine the child's upbringing, including education, 62.15 health care, and religious training, unless: 62.16 (1) otherwise agreed by the parties in writing at the time 62.17 of the custody order; or 62.18 (2) upon motion by the noncustodial parent, the court after 62.19 hearing,finds, upon motion by the noncustodial parent,that in 62.20 the absence of a specific limitation of the custodian's 62.21 authority, the child's physical or emotional health is likely to 62.22 be endangered or the child's emotional development impaired. 62.23Subd. 2.(b) If both parents or all contestants agree to 62.24 the order, or if the court finds that in the absence of the 62.25 order the child's physical or emotional health is likely to be 62.26 endangered or the child's emotional development impaired, the 62.27 court may order the local social services agency or the 62.28 department of court services to exercise continuing supervision 62.29 over the case under guidelines established by the court to 62.30 assure that the custodial or parenting time terms of the decree 62.31 are carried out. 62.32 Sec. 40. Minnesota Statutes 2000, section 518.177, is 62.33 amended to read: 62.34 518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL 62.35 RIGHTS LAW.] 62.36EveryA court order and judgment and decree concerning 63.1 custody of or parenting time or visitation with a minor child 63.2shallmust contain the notice set out in section 518.68, 63.3 subdivision 2. 63.4 Sec. 41. Minnesota Statutes 2000, section 518.178, is 63.5 amended to read: 63.6 518.178 [PARENTING TIME AND SUPPORT REVIEW HEARING.] 63.7 Upon motion of either party, the courtshallmust conduct a 63.8 hearing to review compliance with the parenting time and child 63.9 support provisionsset forthin a decree of dissolution or legal 63.10 separation or an order that establishes child custody, parenting 63.11 time, and support rights and obligations of parents. The state 63.12 court administratorshallmust prepare, and each court 63.13 administratorshallmust make available, simplified pro se forms 63.14 for reviewing parenting time and child support disputes. The 63.15 court may impose any parenting time enforcement remedy available 63.16 under sections 518.175 and 518.1751, and any support enforcement 63.17 remedy available under section 518.551. 63.18 Sec. 42. Minnesota Statutes 2000, section 518.179, 63.19 subdivision 1, is amended to read: 63.20 Subdivision 1. [SEEKING CUSTODY OR PARENTING TIME.] 63.21 Notwithstanding any contrary provision in section 518.17 or 63.22 518.175,ifa person seeking child custody or parenting time who 63.23 has been convicted of a crime described in subdivision 2, the63.24person seeking custody or parenting timehas the burden to prove 63.25 that custody or parenting time by that person is in the best 63.26 interests of the child if: 63.27 (1) the conviction occurred within the preceding five 63.28 years; 63.29 (2) the person is currently incarcerated, on probation, or 63.30 under supervised release for the offense; or 63.31 (3) the victim of the crime was a family or household 63.32 member as defined in section 518B.01, subdivision 2. 63.33 If this section applies, the court may not grant custody or 63.34 parenting time to the person unless it finds that the custody or 63.35 parenting time is in the best interests of the child. If the 63.36 victim of the crime was a family or household member, the 64.1 standard of proof is clear and convincing evidence. A guardian 64.2 ad litem must be appointed in any case where this section 64.3 applies. 64.4 Sec. 43. Minnesota Statutes 2000, section 518.18, is 64.5 amended to read: 64.6 518.18 [MODIFICATION OF ORDER.] 64.7 (a) Unless agreed to in writing by the parties, no motion 64.8 to modify a custody order or parenting plan may be made earlier 64.9 than one year after the date of the entry of a decree of 64.10 dissolution or legal separation containing a provision dealing 64.11 with custody, except in accordance with paragraph (c). 64.12 (b) If a motion for modification has been heard, whether or 64.13 not it was granted, unless agreed to in writing by the parties 64.14 no subsequent motion may be filed within two years after 64.15 disposition of the prior motion on its merits, except in 64.16 accordance with paragraph (c). 64.17 (c) The time limitations prescribed in paragraphs (a) and 64.18 (b)shalldo not prohibit a motion to modify a custody order or 64.19 parenting plan if the court finds that there is persistent and 64.20 willful denial or interference with parenting time, or has 64.21 reason to believe that the child's present environment may 64.22 endanger the child's physical or emotional health or impair the 64.23 child's emotional development. 64.24 (d)If theA court that has jurisdiction to determine child 64.25 custody matters, the court shallmust not modify a prior custody 64.26 order or a parenting plan provisionwhichthat specifies the 64.27 child's primary residence unless it finds, upon the basis of64.28facts, including unwarranted denial of, or interference with, a64.29duly established parenting time schedule, that have arisen since64.30the prior order or that were unknown to the court at the time of64.31the prior order,that a change has occurred in the circumstances 64.32 of the child or the parties and that the modification is 64.33 necessary to serve the best interests of the child. The court 64.34 must make its finding upon the basis of facts, including 64.35 unwarranted denial of, or interference with, a duly established 64.36 parenting time schedule, that have arisen since the prior order 65.1 or that were unknown to the court at the time of the prior order. 65.2 In applying these standards the courtshallmust retain the 65.3 custody arrangement or the parenting plan provision specifying 65.4 the child's primary residence that was established by the prior 65.5 order unless: 65.6 (i) the court finds that a change in the custody 65.7 arrangement or primary residence is in the best interests of the 65.8 child and the parties previously agreed, in a writing approved 65.9 by a court, to apply the best interests standard in section 65.10 518.17 or 257.025, as applicable; and, with respect to 65.11 agreements approved by a court on or after April 28, 2000, both 65.12 parties were represented by counsel when the agreement was 65.13 approved or the court found the parties were fully informed, the 65.14 agreement was voluntary, and the parties were aware of its 65.15 implications; 65.16 (ii) both parties agree to the modification; 65.17 (iii) the child has been integrated into the family of the 65.18 petitioner with the consent of the other party; or 65.19 (iv) the child's present environment endangers the child's 65.20 physical or emotional health or impairs the child's emotional 65.21 development and the harm likely to be caused by a change of 65.22 environment is outweighed by the advantage of a change to the 65.23 child. 65.24In addition,(e) A court may modify a custody order or 65.25 parenting plan under section 631.52. 65.26(e)(f) In deciding whether to modify a prior joint custody 65.27 order, the courtshallmust apply the standards set forth in 65.28 paragraph (d) unless: 65.29 (1) the parties agree in writing to the application of a 65.30 different standard,; or 65.31 (2) the party seeking the modification is asking the court 65.32 for permission to move the residence of the child to another 65.33 state. 65.34(f) If a custodial parent has been granted sole physical65.35custody of a minor and the child subsequently lives with the65.36noncustodial parent, and temporary sole physical custody has66.1been approved by the court or by a court-appointed referee,(g) 66.2 The court may suspendthea noncustodial parent's child support 66.3 obligation pendingthea final custody determination if: 66.4 (1) a custodial parent has been granted sole physical 66.5 custody of a child; 66.6 (2) the child subsequently lives with the noncustodial 66.7 parent; and 66.8 (3) a temporary sole custody order has been approved by the 66.9 court or a court-approved referee. 66.10The court'sA court order denying the suspension of child 66.11 support under this paragraph must include a written explanation 66.12 of the reasons why continuation of the child support obligation 66.13 would be in the best interests of the child. 66.14 (h) A party seeking modification of a custody order must 66.15 submit with moving papers an affidavit setting forth facts 66.16 supporting the requested modification. The party must give 66.17 notice and a copy of the affidavit to other parties to the 66.18 proceeding, who may file opposing affidavits. 66.19 Sec. 44. Minnesota Statutes 2000, section 518.612, is 66.20 amended to read: 66.21 518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 66.22 ORDER.] 66.23Failure by a party to make support payments is not a66.24defense to: interference with parenting time; or without the66.25permission of the court or the noncustodial parent removing a66.26child from this state. Nor is interference with parenting time66.27or taking a child from this state without permission of the66.28court or the noncustodial parent a defense to nonpayment of66.29support. If a party fails to make support payments, or66.30interferes with parenting time, or without permission of the66.31court or the noncustodial parent removes a child from this66.32state, the other party may petition the court for an appropriate66.33order.66.34 (a) Failure by a party to make support payments is not a 66.35 defense to: 66.36 (1) interference with parenting time; or 67.1 (2) removing the child from this state without the 67.2 permission of the court or the noncustodial parent. 67.3 (b) Nonpayment of support is not a defense to: 67.4 (1) interference with parenting time; or 67.5 (2) taking a child from this state without permission of 67.6 the court or the noncustodial parent. 67.7 (c) A party may petition the court for an appropriate order 67.8 if the other party: 67.9 (1) fails to make support payments; 67.10 (2) interferes with parenting time; or 67.11 (3) removes a child from this state without permission of 67.12 the court or the noncustodial parent. 67.13 Sec. 45. Minnesota Statutes 2000, section 518.619, is 67.14 amended to read: 67.15 518.619 [CUSTODY ORVISITATIONPARENTING TIME; MEDIATION 67.16 SERVICES.] 67.17 Subdivision 1. [MEDIATION PROCEEDING.] Except as provided 67.18 in subdivision 2, if it appears on the face of the petition or 67.19 other application for an order or modification of an order for 67.20thechild custodyof a childthat custody or parenting time is 67.21 contested, or that any issue pertinent to a custody or parenting 67.22 time determination, including parenting time rights, is 67.23 unresolved, the matter may be set for mediation of the contested 67.24 issueprior tobefore, concurrent with, orsubsequent to the67.25 after settingofthe matter for hearing. The purpose of the 67.26 mediation proceeding is to reduce acrimonywhichthat may exist 67.27 between the parties and to develop an agreement that is 67.28 supportive of the child's best interests. The mediatorshall67.29 must use best efforts to effect a settlement of the custody or 67.30 parenting time dispute, butshall havehas no coercive authority. 67.31 Subd. 2. [EXCEPTION.] If the court determines that there 67.32 is probable cause that one of the parties, or a child of a 67.33 party, has been physically or sexually abused bythe othera 67.34 party, the courtshallmust not require or refer the parties to 67.35 mediation or any other process that requires parties to meet and 67.36 confer without counsel, if any, present. 68.1 Subd. 3. [MEDIATOR APPOINTMENT.] In order to participate 68.2 in a custody mediation, a mediator must be appointed by the 68.3 family court. A mediator must be a member of the professional 68.4 staff of a family court, probation department, mental health 68.5 services agency, or a private mediation service. The mediator 68.6 must be on a list of mediators approved by the court having 68.7 jurisdiction of the matter, unless the parties stipulate to a 68.8 mediator not on the list. 68.9 Subd. 4. [MEDIATOR QUALIFICATIONS.] A mediator who 68.10 performs mediation in contested child custody mattersshallmust 68.11 meet the following minimum qualifications: 68.12(a)(1) knowledge of the court system and the procedures 68.13 used in contested child custody matters; 68.14(b)(2) knowledge of other resources in the community to 68.15 which the parties to contested child custody matters can be 68.16 referred for assistance; 68.17(c)(3) knowledge of child development, clinical issues 68.18 relating to children, the effects of marriage dissolution on 68.19 children, and child custody research; and 68.20(d)(4) a minimum of 40 hours of certified mediation 68.21 training. 68.22 Subd. 5. [RECORDS; PRIVATE DATA.] Mediation proceedings 68.23shallmust be conducted in private. All records of a mediation 68.24 proceedingshall beare private and not available as evidence in 68.25 an action for marriage dissolution and related proceedings on 68.26 any issue in controversy in the dissolution. 68.27 Subd. 6. [MEDIATOR RECOMMENDATIONS.] When the parties have 68.28 not reached agreement as a result of the mediation proceeding, 68.29 the mediator may recommend to the court that an investigation be 68.30 conducted under section 518.167, or that other action be taken 68.31 to assist the parties to resolve the controversy before hearing 68.32 on the issues. The mediator may not conduct the investigation 68.33 or evaluation unless: (1) the parties agree in a writing, 68.34 executed after the termination of mediation, that the mediator 68.35 may conduct the investigation or evaluation, or (2) there is no 68.36 other person reasonably available to conduct the investigation 69.1 or evaluation. The mediator may recommend that mutual 69.2 restraining orders be issued in appropriate cases, pending 69.3 determination of the controversy, to protect the well-being of 69.4 the children involved in the controversy. 69.5 Subd. 7. [MEDIATION AGREEMENT.] An agreement reached by 69.6 the parties as a result of mediationshallmust be discussed by 69.7 the parties with their attorneys, if any, and. The approved 69.8 agreement may then be included in the marital dissolution decree 69.9 or other stipulation submitted to the court. An agreement 69.10 reached by the parties as a result of mediation may not be 69.11 presented to the court nor made enforceable unless the parties 69.12 and their counsel, if any, consent to its presentation to the 69.13 court, and the court adopts the agreement. 69.14 Subd. 8. [RULES.] Each courtshallmust adopt rules to 69.15 implement this section, andshallmust compile and maintain a 69.16 list of mediators. 69.17 Sec. 46. [INSTRUCTION TO REVISOR.] 69.18 The revisor of statutes must renumber the sections in 69.19 Minnesota Statutes 2000 listed in column A as indicated in 69.20 column B and correct cross-references to those sections 69.21 throughout Minnesota Statutes and Minnesota Rules. 69.22 A B 69.23 518.003, subd. 3 517B.01, subd. 2 69.24 518.003, subd. 5 517B.01, subd. 3 69.25 518.155 517B.02 69.26 518.156 517B.13 69.27 518.157 517B.06 69.28 518.158, subd. 1 517B.22, subd. 2 69.29 518.158, subd. 2 517B.22, subd. 3 69.30 518.158, subd. 3 517B.22, subd. 4 69.31 518.158, subd. 4 517B.22, subd. 5 69.32 518.158, subd. 5 517B.22, subd. 1 69.33 518.165 517B.08 69.34 518.166 517B.14 69.35 518.167 517B.15 69.36 518.168 517B.16 70.1 518.1705 517B.25 70.2 518.175, subd. 1 517B.27, subd. 1 70.3 518.175, subd. 1a 517B.27, subd. 2 70.4 518.175, subd. 2 517B.27, subd. 3 70.5 518.175, subd. 3 517B.27, subd. 4 70.6 518.175, subd. 5 517B.27, subd. 6 70.7 518.175, subd. 6 517B.27, subd. 7 70.8 518.175, subd. 7 517B.30 70.9 518.175, subd. 8 517B.27, subd. 8 70.10 518.1751, subd. 1 517B.28, subd. 1 70.11 518.1751, subd. 1a 517B.28, subd. 2 70.12 518.1751, subd. 1b 517B.28, subd. 3 70.13 518.1751, subd. 2 517B.28, subd. 6 70.14 518.1751, subd. 2a 517B.28, subd. 7 70.15 518.1751, subd. 2b 517B.28, subd. 4 70.16 518.1751, subd. 2c 517B.28, subd. 5 70.17 518.1751, subd. 3 517B.28, subd. 8 70.18 518.1751, subd. 4 517B.28, subd. 13 70.19 518.1751, subd. 4a 517B.28, subd. 9 70.20 518.1751, subd. 5 517B.28, subd. 10 70.21 518.1751, subd. 5a 517B.28, subd. 11 70.22 518.1751, subd. 6 517B.28, subd. 12 70.23 518.176 517B.20 70.24 518.177 517B.04 70.25 518.178 517B.27, subd. 5 70.26 518.179 517B.09 70.27 518.18 517B.21 70.28 518.183 517B.26 70.29 518.612 517B.10 70.30 518.619 517B.07 70.31 Sec. 47. [REPEALER.] 70.32 Minnesota Statutes 2000, sections 518.17; and 518.185, are 70.33 repealed. 70.34 ARTICLE 3 70.35 CHILD SUPPORT 70.36 Section 1. [517C.01] [TITLE.] 71.1 This chapter may be cited as the "Minnesota Child Support 71.2 Act." 71.3 Sec. 2. [517C.02] [DEFINITIONS.] 71.4 Subdivision 1. [SCOPE.] The definitions in this section 71.5 apply to this chapter. 71.6 Subd. 2. [ARREARS.] "Arrears" means amounts owed under a 71.7 support order that are past due. It includes child support, 71.8 pregnancy and confinement expenses, attorney fees, and any other 71.9 obligations addressed in a support order. 71.10 Subd. 3. [BUSINESS DAY.] "Business day" means a day on 71.11 which state offices are open for regular business. 71.12 Subd. 4. [CHILD.] "Child" means an individual under 18 71.13 years of age, an individual under age 20 who is still attending 71.14 secondary school, or an individual who, by reason of physical or 71.15 mental condition, is incapable of self-support. 71.16 Subd. 5. [CHILD SUPPORT.] "Child support" means: 71.17 (1) an award in a dissolution, legal separation, annulment, 71.18 or parentage proceeding for the care, support, and education of 71.19 a child of the marriage or of the parties to the proceeding; or 71.20 (2) a contribution by parents ordered under section 256.87. 71.21 Subd. 6. [DEPOSIT ACCOUNT.] "Deposit account" means funds 71.22 deposited with a financial institution in the form of a savings 71.23 account, checking account, NOW account, or demand deposit 71.24 account. 71.25 Subd. 7. [FINANCIAL INSTITUTION.] "Financial institution" 71.26 means a savings association, bank, trust company, credit union, 71.27 industrial loan and thrift company, bank and trust company, or 71.28 savings association, and includes a branch or detached facility 71.29 of a financial institution. 71.30 Subd. 8. [OBLIGEE.] "Obligee" means a person to whom 71.31 payments for child support are owed. 71.32 Subd. 9. [OBLIGOR.] "Obligor" means a person obligated to 71.33 pay child support. A person who is designated as the sole 71.34 physical custodian of a child is presumed not to be an obligor 71.35 for purposes of calculating current support unless the court 71.36 makes specific written findings to overcome this presumption. 72.1 Subd. 10. [PAYMENT.] "Payment" means the payment of child 72.2 support, medical support, and related payments required by order 72.3 of a tribunal, voluntary support, or statutory fees. 72.4 Subd. 11. [PAYOR OF FUNDS.] "Payor of funds" means a 72.5 person or entity that provides funds to an obligor, including an 72.6 employer as defined under chapter 24 of the Internal Revenue 72.7 Code, section 3401(d), an independent contractor, payor of 72.8 workers' compensation benefits or reemployment compensation, or 72.9 a financial institution as defined in section 13B.06. 72.10 Subd. 12. [PUBLIC AUTHORITY.] "Public authority" means the 72.11 local unit of government, acting on behalf of the state, that is 72.12 responsible for child support enforcement. 72.13 Subd. 13. [SUBSEQUENT CHILD.] "Subsequent child" means a 72.14 child born after the child who is the subject of the child 72.15 support proceeding. 72.16 Subd. 14. [SUPPORT ORDER.] (a) "Support order" means a 72.17 judgment, decree, or order, whether temporary, final, or subject 72.18 to modification, issued by a court or administrative agency of 72.19 competent jurisdiction that: 72.20 (1) provides for the support of a child, including a child 72.21 who has attained the age of majority under the law of the 72.22 issuing state; 72.23 (2) provides for monetary support, child care, medical 72.24 support including expenses for confinement and pregnancy, 72.25 arrears, or reimbursement; and 72.26 (3) may include related costs and fees, interest and 72.27 penalties, income withholding, and other relief. 72.28 (b) The definition in paragraph (a) applies to orders 72.29 issued under this chapter and chapters 256, 257, and 518C. 72.30 Subd. 15. [TRIBUNAL.] "Tribunal" has the meaning given in 72.31 section 518C.101. 72.32 Sec. 3. [517C.03] [PROCEDURAL RULES.] 72.33 The supreme court may promulgate rules to be used in child 72.34 support cases. 72.35 Sec. 4. [517C.04] [CHILD SUPPORT ORDERS.] 72.36 Subdivision 1. [ORDER.] (a) Upon dissolution of marriage, 73.1 legal separation, annulment, establishment of paternity, or when 73.2 otherwise required by statute, the court must order child 73.3 support as provided by this chapter. 73.4 (b) Nothing contained in this chapter limits the power of 73.5 the court to make appropriate, adequate orders for the support 73.6 and education of a child of the parties to a dissolution, legal 73.7 separation, or annulment action if the dissolution, legal 73.8 separation, or annulment is denied. 73.9 Subd. 2. [PROVISIONS.] Child support orders must provide 73.10 for general child rearing costs, or basic needs, and must also 73.11 specifically address medical care and child care costs, 73.12 providing for those costs pursuant to this chapter. 73.13 Subd. 3. [AGREEMENTS.] If the parties stipulate or agree 73.14 to a child support order, the court must review the agreement to 73.15 ensure it serves the best interests of the child. The supreme 73.16 court may promulgate rules regarding the review of stipulations 73.17 and agreements. The court may refuse to accept or may alter an 73.18 agreement that does not conform with the requirements of this 73.19 chapter or that is otherwise not in the best interests of the 73.20 child. 73.21 Subd. 4. [PREFERENCE FOR SPECIFIC DOLLAR AMOUNT.] (a) 73.22 There is a presumption in favor of ordering child support in a 73.23 specific dollar amount, as opposed to a percentage of income. 73.24 (b) The court may order an obligor to pay child support in 73.25 the form of a percentage share of the obligor's net bonuses, 73.26 commissions, or other forms of compensation, in addition to, or 73.27 if the obligor receives no base pay, in lieu of an order for a 73.28 specific dollar amount. 73.29 Subd. 5. [PREFERENCE FOR MONTHLY PAYMENT.] There is a 73.30 presumption in favor of monthly payments, as opposed to payments 73.31 occurring weekly or at other intervals. 73.32 Subd. 6. [PREFERENCE FOR STATIC PAYMENT.] (a) There is a 73.33 presumption in favor of ordering support so that an obligor 73.34 makes the same monthly payments throughout the year, as opposed 73.35 to payment amounts that fluctuate by season or month. If the 73.36 obligor is seasonally employed, it is generally the 74.1 responsibility of the obligor to budget income accordingly. 74.2 Subd. 7. [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) 74.3 The obligee must account for the use or disposition of child 74.4 support received. The accounting must be on a monthly basis and 74.5 must be provided to the obligor. The obligee must break down 74.6 expenditures into the following categories: 74.7 (1) housing; 74.8 (2) food; 74.9 (3) transportation; 74.10 (4) clothing; 74.11 (5) health care; 74.12 (6) child care and education; and 74.13 (7) miscellaneous. 74.14 (b) Expenditures made on behalf of a child, whether in 74.15 whole or in part, must be made in a manner that documents the 74.16 transaction. Payments by check are preferred. The obligee must 74.17 obtain dated receipts for cash payments. 74.18 (c) If the obligee does not make the accounting required 74.19 under paragraph (a) or if the obligee does not spend the entire 74.20 child support payment on behalf of the child, the court may: 74.21 (1) hold the obligee in contempt of court; 74.22 (2) reduce or eliminate the obligor's child support 74.23 obligation; or 74.24 (3) make any other appropriate order to ensure that the 74.25 needs of the children are met. 74.26 Subd. 8. [DEPARTURE.] The court may depart from a 74.27 presumption in subdivision 4, 5, or 6 if: 74.28 (1) all parties agree; or 74.29 (2) the presumption would impose an extreme hardship on the 74.30 obligor and would not be in the best interests of the child. 74.31 Subd. 9. [CHILD SUPPORT TO BE DISTINGUISHED FROM 74.32 MAINTENANCE.] In a judgment of dissolution or legal separation, 74.33 the court must clearly distinguish between payments ordered for 74.34 maintenance and payments ordered for child support. An award of 74.35 payments from future income or earnings of the custodial parent 74.36 is presumed to be maintenance and an award of payments from the 75.1 future income or earnings of the noncustodial parent is presumed 75.2 to be child support, unless otherwise designated by the court. 75.3 Subd. 10. [OTHER CUSTODIANS.] If a child resides with a 75.4 person other than a parent and the court approves of the custody 75.5 arrangement, the court may order child support payments to be 75.6 made to the custodian regardless of whether the person has legal 75.7 custody. 75.8 Subd. 11. [EITHER PARENT LIABLE; MARITAL MISCONDUCT 75.9 IRRELEVANT.] The court may order either or both parents owing a 75.10 duty of support to a child to pay an amount reasonable or 75.11 necessary for the child's support, without regard to marital 75.12 misconduct. 75.13 Sec. 5. [517C.05] [TEMPORARY ORDERS.] 75.14 Subdivision 1. [MOTION; SCOPE.] In a child support 75.15 proceeding a party may, by motion, request that the court grant 75.16 a temporary order pending the final disposition of the 75.17 proceeding for temporary child support, costs, and reasonable 75.18 attorney fees. Additionally, to facilitate the just and speedy 75.19 disposition of the proceeding, the court may require a party to 75.20 perform or refrain from performing additional acts. 75.21 Subd. 2. [DURATION.] A temporary order continues in full 75.22 force and effect until: 75.23 (1) it is amended; 75.24 (2) it is vacated; 75.25 (3) the main action is dismissed; or 75.26 (4) a final decree of dissolution, legal separation, or 75.27 other final order is entered. 75.28 Subd. 3. [FACTORS.] The court must consider the factors 75.29 set forth in this chapter in making temporary orders. 75.30 Subd. 4. [EVIDENCE.] Temporary orders must be made solely 75.31 on the basis of affidavits and argument of counsel unless: 75.32 (1) a party makes a timely motion or responsive motion to 75.33 hear the matter on oral testimony before the court; or 75.34 (2) the court in its discretion orders the taking of oral 75.35 testimony. 75.36 Subd. 5. [LIMITED EFFECT.] A temporary order does not 76.1 prejudice the rights of the parties or the child that are to be 76.2 adjudicated at subsequent hearings in the proceeding. 76.3 Subd. 6. [MODIFICATION.] A temporary order may be revoked 76.4 or modified by the court before the final disposition of the 76.5 proceeding upon the same grounds and subject to the same 76.6 requirements as the initial granting of the order. 76.7 Sec. 6. [517C.06] [DETERMINATION OF CONTROLLING ORDER.] 76.8 The public authority or a party may request the court to 76.9 determine a controlling order when more than one order involving 76.10 the same obligor and child exists. 76.11 Sec. 7. [517C.07] [ATTORNEY FEES; COSTS AND 76.12 DISBURSEMENTS.] 76.13 Subdivision 1. [GENERAL.] (a) Except as provided in 76.14 section 517C.83, in a proceeding under this chapter, the court 76.15 must award attorney fees, costs, and disbursements in an amount 76.16 necessary to enable a party to carry on or contest the 76.17 proceeding if: 76.18 (1) the fees are necessary for the good-faith assertion of 76.19 the party's rights in the proceeding and will not contribute 76.20 unnecessarily to the length and expense of the proceeding; 76.21 (2) the party from whom fees, costs, and disbursements are 76.22 sought has the means to pay them; and 76.23 (3) the party to whom fees, costs, and disbursements are 76.24 awarded does not have the means to pay them. 76.25 (b) Fees, costs, and disbursements may be awarded at any 76.26 point during or after a proceeding under this chapter. 76.27 (c) The court may assess costs and disbursements against 76.28 either party. 76.29 Subd. 2. [UNREASONABLE ACTIONS.] The court may, in its 76.30 discretion, assess additional fees, costs, and disbursements 76.31 against a party who unreasonably contributes to the length or 76.32 expense of the proceeding. 76.33 Subd. 3. [COLLECTION.] The court may authorize the 76.34 collection of money awarded by execution, or out of property 76.35 sequestered, or in any other manner within the power of the 76.36 court. An award of attorney fees survives the proceeding. If 77.1 the award is not paid by the party directed to pay it, the award 77.2 may be enforced as provided by this subdivision or by a separate 77.3 civil action brought in the attorney's own name. 77.4 Sec. 8. [517C.10] [EXCHANGE OF INFORMATION.] 77.5 Subdivision 1. [DOCUMENTATION.] The parties must timely 77.6 serve and file documentation of earnings and income. 77.7 Documentation of earnings and income includes, but is not 77.8 limited to, pay stubs for the most recent three months, employer 77.9 statements, or statement of receipts and expenses if 77.10 self-employed. Documentation of earnings and income also 77.11 includes copies of each parent's most recent federal tax 77.12 returns, W-2 forms, 1099 forms, reemployment compensation 77.13 statements, workers' compensation statements, and all other 77.14 documents evidencing the receipt of income that provide 77.15 verification of income over a longer period. 77.16 Subd. 2. [ANNUAL EXCHANGE OF TAX RETURNS.] An obligor and 77.17 obligee must annually provide all other parties with a copy of 77.18 his or her federal tax return filed with the Internal Revenue 77.19 Service. 77.20 Subd. 3. [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] An 77.21 obligor must notify other parties of a change of address or 77.22 residence within 60 days of the address or residence change. 77.23 Subd. 4. [NOTICE TO PUBLIC AUTHORITY; PUBLIC ASSISTANCE.] 77.24 The petitioner must notify the public authority of all 77.25 proceedings for dissolution, legal separation, determination of 77.26 parentage, or for the custody of a child, if either party is 77.27 receiving public assistance or applies for it subsequent to the 77.28 commencement of the proceeding. The notice must contain the 77.29 full names of the parties to the proceeding, their social 77.30 security account numbers, and their birth dates. 77.31 Sec. 9. [517C.11] [PRIVACY PROTECTION; PERSONAL 77.32 PROTECTION.] 77.33 Subdivision 1. [SOCIAL SECURITY NUMBERS; TAX RETURNS.] The 77.34 social security numbers and tax returns required under this 77.35 chapter are not accessible to the public, except that they must 77.36 be disclosed to the other parties to a proceeding as provided in 78.1 section 517C.10. 78.2 Subd. 2. [MODIFICATION OF CERTAIN REQUIREMENTS.] The court 78.3 may modify or limit the information exchange requirements of 78.4 this chapter by order if necessary to protect a party from 78.5 contact by another party. 78.6 Subd. 3. [ACCESS TO ADDRESS FOR SERVICE OF PROCESS.] (a) 78.7 If the public authority is a party or is providing services in a 78.8 support case, a party may obtain an ex parte order under this 78.9 subdivision. The party may obtain an ex parte order requiring 78.10 the public authority to serve legal documents on the other party 78.11 by mail if the party submits a sworn affidavit to the court 78.12 stating that: 78.13 (1) the party needs to serve legal process in a support 78.14 proceeding and does not have access to the address of the other 78.15 party; 78.16 (2) the party has made reasonable efforts to locate the 78.17 other party; and 78.18 (3) the other party is not represented by counsel. 78.19 (b) The public authority must serve legal documents 78.20 provided by the moving party at the last known address of the 78.21 other party upon receipt of a court order under paragraph (a). 78.22 The public authority must provide for appropriate service and 78.23 must certify to all parties the date of service by mail. The 78.24 public authority's proof of service must not include the place 78.25 or address of service. 78.26 (c) The state court administrator must prepare and make 78.27 available forms for use in seeking access to an address under 78.28 this subdivision. 78.29 Sec. 10. [517C.12] [INCOME.] 78.30 Subdivision 1. [DEFINITION.] For purposes of calculating 78.31 child support under this chapter, "income" means gross income. 78.32 Subd. 2. [SOURCES.] For purposes of this chapter, income 78.33 includes any form of periodic payment to an individual 78.34 including, but not limited to: 78.35 (1) wages; 78.36 (2) salaries; 79.1 (3) payments to an independent contractor; 79.2 (4) workers' compensation; 79.3 (5) reemployment compensation; 79.4 (6) annuity; 79.5 (7) military and naval retirement; 79.6 (8) pension and disability payments; and 79.7 (9) in-kind payments received by the obligor in the course 79.8 of employment, self-employment, or operation of a business if 79.9 the payments reduce the obligor's living expenses. 79.10 Subd. 3. [COMMISSIONS; BONUSES.] If the court finds that a 79.11 party's commissions or bonuses are reliable and predictable, the 79.12 court may include them in income calculations. 79.13 Subd. 4. [SELF-EMPLOYMENT; INDEPENDENT CONTRACTORS.] (a) 79.14 Income from self-employment is equal to gross receipts minus 79.15 ordinary and necessary expenses. Ordinary and necessary 79.16 expenses do not necessarily include amounts allowed by the 79.17 Internal Revenue Service for accelerated depreciation expenses 79.18 or investment tax credits or any other business expenses 79.19 determined by the court to be inappropriate for determining 79.20 income for purposes of child support. The person seeking to 79.21 deduct an expense, including depreciation, has the burden of 79.22 proving, if challenged, that the expense is ordinary and 79.23 necessary. Income calculated under this section may be 79.24 different from taxable income. 79.25 Subd. 5. [PUBLIC ASSISTANCE EXCLUSIONS.] Benefits received 79.26 under Title IV-A of the Social Security Act and chapter 256J are 79.27 not income under this section. 79.28 Subd. 6. [OVERTIME.] (a) Income does not include 79.29 compensation received by a party for employment in excess of a 79.30 40-hour work week if: 79.31 (1) the excess employment is not within the normal range of 79.32 hours worked, given the party's employment history; 79.33 (2) the excess employment is voluntary and not a condition 79.34 of employment; 79.35 (3) the excess employment is in the nature of additional, 79.36 part-time or overtime employment compensable by the hour or 80.1 fraction of an hour; and 80.2 (4) the party's compensation structure has not been changed 80.3 for the purpose of affecting a child support obligation. 80.4 (b) The court may presume that a party with seasonal or 80.5 intermittent income who works periods in excess of a 40-hour 80.6 work week, but who works a substantially normal number of hours 80.7 over the course of a year, is working within the normal range of 80.8 hours worked. 80.9 Subd. 7. [INCOME OF A SPOUSE OR OTHER HOUSEHOLD 80.10 MEMBER.] (a) Income must not include the income of a party's 80.11 spouse or other household member. The court must not consider 80.12 the income or resources provided by a spouse or other household 80.13 member when determining all the earnings, income, and resources 80.14 of a parent under section 517C.17. 80.15 (b) Notwithstanding paragraph (a), the court may issue an 80.16 order permitting discovery of a spouse or other household 80.17 member's income information if there is probable cause to 80.18 believe the spouse or other household member is being used to 80.19 shelter income from a party. If the court finds that income was 80.20 improperly or unfairly sheltered, it may impute income to the 80.21 party or otherwise adjust the support amount in a just and 80.22 proper manner. However, the court may not under any 80.23 circumstances consider income or resources properly attributable 80.24 to a spouse or other household member when setting support. 80.25 Subd. 8. [PRIOR ORDERS BEING PAID.] A child support or 80.26 maintenance order that is currently being paid must be deducted 80.27 from income. 80.28 Sec. 11. [517C.13] [IMPUTED INCOME.] 80.29 Subdivision 1. [NONAPPEARANCE OF A PARTY.] If a parent 80.30 under the jurisdiction of the court does not appear at a court 80.31 hearing after proper notice of the time and place of the 80.32 hearing, the court must set income for that parent based on 80.33 credible evidence before the court or in accordance with 80.34 subdivision 3. Credible evidence may include documentation of 80.35 current or recent income, testimony of the other parent 80.36 concerning recent earnings and income levels, and the parent's 81.1 wage reports filed with the Minnesota department of economic 81.2 security under section 268.044. 81.3 Subd. 2. [VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT.] (a) 81.4 The principles of income imputation apply equally to obligors 81.5 and obligees. 81.6 (b) If the court finds that a parent is voluntarily 81.7 unemployed or underemployed or was voluntarily unemployed or 81.8 underemployed during the period for which past support is being 81.9 sought, support must be calculated based on a determination of 81.10 imputed income. 81.11 (c) A parent is not considered voluntarily unemployed or 81.12 underemployed upon a showing by the parent that: 81.13 (1) the unemployment or underemployment is temporary and 81.14 will ultimately lead to an increase in income; 81.15 (2) the unemployment or underemployment represents a bona 81.16 fide career change that outweighs the adverse effect of that 81.17 parent's diminished income on the child; 81.18 (3) the parent is a recipient of public assistance under 81.19 section 256.741; or 81.20 (4) the parent is physically or mentally incapacitated. 81.21 (d) Imputed income means the estimated earning ability of a 81.22 parent based on the parent's prior earnings history, education, 81.23 and job skills, and on availability of jobs within the community 81.24 for an individual with the parent's qualifications. 81.25 Subd. 3. [INSUFFICIENT INFORMATION.] If there is 81.26 insufficient information to determine actual income or to impute 81.27 income pursuant to subdivision 1 or 2, the court may calculate 81.28 support based on full-time employment of 40 hours per week at 81.29 150 percent of the federal minimum wage or the Minnesota minimum 81.30 wage, whichever is higher. 81.31 Sec. 12. [517C.14] [PRESUMPTIVE CHILD SUPPORT ORDER; 81.32 GENERAL.] 81.33 Subdivision 1. [REBUTTABLE PRESUMPTION.] The guidelines in 81.34 sections 517C.12 to 517C.16 are a rebuttable presumption and 81.35 must be used in all cases when establishing or modifying child 81.36 support. 82.1 Subd. 2. [SUBSTANTIAL UNFAIRNESS; MINIMUM SUPPORT 82.2 AMOUNT.] (a) If the presumptive support amount derived from the 82.3 child support worksheet leaves the obligor with income less than 82.4 120 percent of the federal poverty guidelines, the worksheet 82.5 does not apply and the court must order support in a fair and 82.6 equitable amount that leaves both parties in a substantially 82.7 similar situation in relation to the federal poverty guidelines 82.8 considering: 82.9 (1) the factors outlined in section 517C.17; 82.10 (2) tax credits and deductions available to either party; 82.11 and 82.12 (3) receipt of public assistance by either party. 82.13 (b) In any event, the court must order support in an amount 82.14 not less than $50 per child per month unless the court finds 82.15 that the obligor completely lacks an ability to pay due to a 82.16 circumstance such as a permanent and total disability or 82.17 incarceration without work release privileges. 82.18 (c) For purposes of this section, when determining income 82.19 relative to the federal poverty guidelines, only children common 82.20 to the obligor and obligee are included in the household. 82.21 Subd. 3. [CHILD SUPPORT CAP.] (a) Except as provided under 82.22 paragraph (b), a total monthly child support order must not 82.23 exceed: 82.24 (1) $1,500 for one child; 82.25 (2) $2,400 for two children; 82.26 (3) $2,800 for three children; or 82.27 (4) $2,800 plus $300 for each additional child over three 82.28 children. 82.29 (b) A court may order child support in an amount that 82.30 exceeds the limit in paragraph (a) if it finds that a child has 82.31 a disability or other substantial, demonstrated need for the 82.32 additional support and that the additional support will directly 82.33 benefit the child. 82.34 (c) The dollar amounts in paragraph (a) must be adjusted on 82.35 July 1 of every even-numbered year to reflect cost-of-living 82.36 changes. The supreme court must select the index for the 83.1 adjustment from the indices listed in section 517C.31. The 83.2 state court administrator must make the changes in the dollar 83.3 amounts required by this paragraph available to courts and the 83.4 public on or before April 30 of the year in which the amount is 83.5 to change. 83.6 Subd. 4. [CHILD CARE COSTS.] (a) The court must require 83.7 verification of employment or school attendance and 83.8 documentation of child care expenses from the obligee and the 83.9 public authority, if applicable. 83.10 (b) If child care expenses fluctuate during the year 83.11 because of seasonal employment or school attendance of the 83.12 obligee or extended periods of parenting time with the obligor, 83.13 the court must determine child care expenses based on an average 83.14 monthly cost. 83.15 (c) The amount allocated for child care expenses is 83.16 considered child support but is not subject to a cost-of-living 83.17 adjustment under section 517C.31. 83.18 (d) The amount allocated for child care expenses terminates 83.19 when either party notifies the public authority that the child 83.20 care costs have ended and without any legal action on the part 83.21 of either party. The public authority must verify the 83.22 information received under this paragraph before authorizing 83.23 termination. The termination is effective as of the date of the 83.24 notification. In other cases where there is a substantial 83.25 increase or decrease in child care expenses, the parties may 83.26 modify the order under section 517C.31. 83.27 (e) The court may allow the noncustodial parent to care for 83.28 the child while the custodial parent is working, as provided in 83.29 section 518.175, subdivision 8. Allowing the noncustodial 83.30 parent to care for the child under section 518.175, subdivision 83.31 8, is not a reason to deviate from the guidelines. 83.32 Subd. 5. [PARENTING TIME ADJUSTMENTS.] (a) For the purpose 83.33 of applying the proper parenting time adjustment on line 5 of 83.34 the presumptive support worksheet, the following principles 83.35 apply: 83.36 (1) the label given to a custody arrangement is not 84.1 determinative of the applicable adjustment; 84.2 (2) the actual division of parenting time controls; and 84.3 (3) an overnight stay presumptively constitutes a day of 84.4 caregiving. 84.5 (b) A parenting time division approximates joint physical 84.6 custody if each parent provides, or is responsible for 84.7 providing, care at least 45 percent of the days in a year. 84.8 (c) A parent exercises substantial parenting time if the 84.9 parent provides, or is responsible for providing, care between 84.10 ten and 45 percent of the days in a year. 84.11 (d) A parent exercises little or no parenting time if the 84.12 parent provides, or is responsible for providing, care less than 84.13 ten percent of the days in a year. 84.14 Subd. 6. [CHILD'S INSURANCE BENEFIT.] In establishing or 84.15 modifying child support, if a child receives a child's insurance 84.16 benefit under United States Code, title 42, section 402, because 84.17 the obligor is entitled to old age or disability insurance 84.18 benefits, the amount of support ordered must be offset by the 84.19 amount of the child's benefit. The court must make findings 84.20 regarding the obligor's income from all sources, the child 84.21 support amount calculated under this chapter, the amount of the 84.22 child's benefit, and the obligor's child support obligation. A 84.23 benefit received by the child in a given month in excess of the 84.24 child support obligation must not be treated as a payment of 84.25 arrears or a future payment. 84.26 Subd. 7. [MORE THAN SIX CHILDREN.] If a child support 84.27 proceeding involves more than six children, the court may derive 84.28 a support order without specifically following the guidelines. 84.29 However, the court must consider the basic principles 84.30 encompassed by the guidelines and must consider the needs, 84.31 resources, and circumstances of both parties. 84.32 Sec. 13. [517C.15] [MEDICAL SUPPORT.] 84.33 Subdivision 1. [ERISA COMPLIANCE.] Compliance with this 84.34 section constitutes compliance with a qualified medical child 84.35 support order as described in the federal Employee Retirement 84.36 Income Security Act of 1974 (ERISA) as amended by the federal 85.1 Omnibus Budget Reconciliation Act of 1993 (OBRA). 85.2 Subd. 2. [DENTAL INSURANCE AND EXPENSES; OTHER 85.3 EXPENSES.] Unless the context clearly indicates otherwise: 85.4 (1) "health insurance" includes dental insurance; and 85.5 (2) "medical expenses" includes, but is not limited to, 85.6 necessary dental, orthodontia, and eye care, including 85.7 prescription lenses. 85.8 Subd. 3. [ORDER.] (a) A child support order must: 85.9 (1) expressly assign or reserve the responsibility for 85.10 maintaining health insurance for the child; 85.11 (2) expressly assign or reserve the division of uninsured 85.12 medical expenses; and 85.13 (3) contain the names, last known addresses, and social 85.14 security numbers of the obligor, obligee, and the child unless 85.15 the court prohibits the inclusion of an address or social 85.16 security number and orders the obligee to provide the address 85.17 and social security number to the administrator of the health 85.18 plan. 85.19 Subd. 4. [DIVISION OF COSTS; UNINSURED MEDICAL 85.20 EXPENSES.] (a) Unless otherwise agreed by the parties and 85.21 approved by the court, the court must order that the cost of 85.22 health insurance be divided between the obligor and obligee 85.23 based on their proportionate share of their gross income. 85.24 (b) The court must order that all uninsured medical 85.25 expenses be divided between the obligor and obligee based on 85.26 their proportionate share of their gross income. 85.27 Subd. 5. [COVERAGE.] (a) The court must order the party 85.28 with the better group dependent health insurance coverage or 85.29 health insurance plan to name the minor child as beneficiary on 85.30 a health insurance plan that is available to the party: 85.31 (1) on a group basis; 85.32 (2) through an employer or union; or 85.33 (3) through a group health plan governed under ERISA and 85.34 included within the definitions relating to health plans found 85.35 in section 62A.011, 62A.048, or 62E.06, subdivision 2. 85.36 (b) "Health insurance" or "health insurance coverage" as 86.1 used in this section means coverage that is comparable to or 86.2 better than a number two qualified plan as defined in section 86.3 62E.06, subdivision 2. "Health insurance" or "health insurance 86.4 coverage" as used in this section does not include medical 86.5 assistance provided under chapter 256, 256B, 256J, 256K, or 256D. 86.6 (c) If more than one plan is available, the child must be 86.7 enrolled in the least costly health insurance plan otherwise 86.8 available to the obligor that is comparable to a number two 86.9 qualified plan. 86.10 Subd. 6. [EMPLOYER OR GROUP INSURANCE NOT AVAILABLE.] (a) 86.11 If the court finds that dependent health insurance is not 86.12 available to the obligor or obligee on a group basis or through 86.13 an employer or union, or that group insurance is not accessible 86.14 to the obligee, the court may require the obligor to: 86.15 (1) obtain other dependent health insurance; 86.16 (2) be liable for reasonable and necessary medical expenses 86.17 of the child; or 86.18 (3) pay no less than $50 per month to be applied to the 86.19 medical expenses of the child or to the cost of health insurance 86.20 dependent coverage. 86.21 (b) If the obligor and obligee cannot afford or otherwise 86.22 cannot obtain health insurance coverage for a child and the 86.23 child is enrolled in a public assistance health plan, the court 86.24 must order the obligor to reimburse the obligee for any required 86.25 copayment or premium in proportion to the obligor's income 86.26 compared to the obligee. 86.27 Subd. 7. [OBLIGOR LIABILITY.] (a) An obligor who fails to 86.28 maintain health insurance for the benefit of a child as ordered 86.29 or fails to provide other medical support as ordered is liable 86.30 to the obligee for medical expenses incurred from the effective 86.31 date of the court order, including health insurance premiums 86.32 paid by the obligee because of the obligor's failure to obtain 86.33 coverage as ordered. 86.34 (b) Proof of failure to maintain insurance or noncompliance 86.35 with an order to provide other medical support constitutes a 86.36 showing of increased need by the obligee pursuant to section 87.1 517C.28 and provides a basis for a modification of the obligor's 87.2 child support order. 87.3 (c) Payments for services rendered to the dependents that 87.4 are directed to the obligor, in the form of reimbursement by the 87.5 health insurance carrier or employer, must be endorsed over to 87.6 and forwarded to the vendor, obligee, or public authority when 87.7 the reimbursement is not owed to the obligor. An obligor 87.8 retaining insurance reimbursement not owed to the obligor may be 87.9 found in contempt of court and held liable for the amount of the 87.10 reimbursement. 87.11 (d) Upon written verification by the health insurance 87.12 carrier or employer of the amounts paid to the obligor, the 87.13 reimbursement amount is subject to all enforcement remedies 87.14 available under this chapter. 87.15 Subd. 8. [SUBSTITUTE COVERAGE; ADDITIONAL SUPPORT.] For 87.16 the purpose of enforcement, the costs of individual or group 87.17 health insurance coverage, all medical expenses ordered by the 87.18 court to be paid by the obligor, including health insurance 87.19 premiums paid by the obligee because of the obligor's failure to 87.20 obtain coverage as ordered, or liabilities established pursuant 87.21 to this section, are considered additional child support. 87.22 Subd. 9. [OBLIGEE CONTEMPT.] An obligee who fails to apply 87.23 payments received to the medical expenses of the dependents may 87.24 be found in contempt of court. 87.25 Subd. 10. [SPOUSAL OR EX-SPOUSAL COVERAGE.] The court must 87.26 require the obligor to provide dependent health insurance for 87.27 the benefit of the obligee if it is available at no additional 87.28 cost to the obligor and in this case the provisions of this 87.29 section apply. 87.30 Subd. 11. [EMPLOYER AND OBLIGOR RESPONSIBILITY.] If 87.31 medical support is required to be withheld, an obligor must 87.32 notify an employer at the time of hiring. If an employee 87.33 discloses that medical support is required to be withheld, the 87.34 employer must begin withholding according to the terms of the 87.35 order and the income withholding provisions of this chapter. If 87.36 an individual discloses an obligation to obtain dependent health 88.1 insurance coverage and coverage is available through the 88.2 employer, the employer must make all application processes known 88.3 to the individual upon hiring and enroll the employee and 88.4 dependent in the plan. 88.5 Subd. 12. [NOTICE TO EMPLOYER BY COURT OR OBLIGEE.] (a) 88.6 The court may send notice of the medical support order to the 88.7 obligor's employer, union, or health insurance carrier. 88.8 (b) The obligee or public authority may send notice of the 88.9 medical support order to the obligor's employer, union, or 88.10 health insurance carrier if: 88.11 (1) the obligor fails to provide written proof to the 88.12 obligee or the public authority, within 30 days of the effective 88.13 date of the court order, that the insurance has been obtained; 88.14 (2) the obligee or the public authority serves written 88.15 notice of its intent to enforce medical support on the obligor 88.16 by mail at the obligor's last known address; and 88.17 (3) the obligor fails within 15 days after the mailing of 88.18 the notice to provide written proof to the obligee or the public 88.19 authority that the insurance coverage existed as of the date of 88.20 mailing. 88.21 (c) The employer or union must forward a copy of the order 88.22 to the health insurance plan offered by the employer. 88.23 Subd. 13. [ORDER BINDING ON EMPLOYER.] (a) The order is 88.24 binding on the employer or union and the health insurance plan 88.25 when service under subdivision 10 has been made. In the case of 88.26 an obligor who changes employment and is required to provide 88.27 health insurance coverage for the child, a new employer that 88.28 provides health insurance coverage must enroll the child in the 88.29 obligor's health plan upon receipt of an order or notice for 88.30 health insurance. 88.31 Subd. 14. [EMPLOYER REQUIREMENTS.] (a) An employer or 88.32 union that is included under ERISA may not deny enrollment based 88.33 on exclusionary clauses described in section 62A.048. 88.34 Enrollment is not subject to the underwriting policies described 88.35 in section 62A.048. 88.36 (b) Upon application of the obligor according to the order 89.1 or notice, the employer or union and its health insurance plan 89.2 must enroll the child as a beneficiary in the group insurance 89.3 plan and withhold any required premium from the obligor's income 89.4 or wages. 89.5 (c) If more than one plan is offered by the employer or 89.6 union, the child must be enrolled in the least costly health 89.7 insurance plan otherwise available to the obligor that is 89.8 comparable to a number two qualified plan. 89.9 (d) If the obligor is not enrolled in a health insurance 89.10 plan, the employer or union must also enroll the obligor in the 89.11 chosen plan if enrollment of the obligor is necessary in order 89.12 to obtain dependent coverage under the plan. 89.13 (e) Enrollment of dependents and the obligor must be 89.14 immediate and not dependent upon open enrollment periods. 89.15 (f) Failure of the obligor to execute the documents 89.16 necessary to enroll the dependent in the group health insurance 89.17 plan will not affect the obligation of the employer or union and 89.18 group health insurance plan to enroll the dependent in a plan. 89.19 Information and authorization provided by the public authority, 89.20 obligee, or a guardian is valid for the purposes of meeting 89.21 enrollment requirements of the health plan. 89.22 (g) Insurance coverage for an eligible child must not be 89.23 terminated except as authorized in subdivision 21. 89.24 Subd. 15. [EMPLOYER LIABILITY.] (a) An employer or union 89.25 that willfully fails to comply with a medical support order is 89.26 liable for medical expenses incurred by the dependents during 89.27 the period of time the dependents were eligible to be enrolled 89.28 in the insurance program, and for other premium costs incurred 89.29 because the employer or union willfully failed to comply with 89.30 the order. An employer or union that fails to comply with the 89.31 order is subject to contempt under section 517C.57 and is also 89.32 subject to a fine of $500 to be paid to the obligee or public 89.33 authority. Fines paid to the public authority are designated 89.34 for child support enforcement services. 89.35 Subd. 16. [REIMBURSEMENT; CLAIMS.] The obligee's signature 89.36 is a valid authorization to a health insurance plan for purposes 90.1 of processing an insurance reimbursement payment to a provider 90.2 of medical services or to the obligee if medical services have 90.3 been prepaid by the obligee. 90.4 Subd. 17. [CORRESPONDENCE.] The health insurance plan must 90.5 send copies of all correspondence regarding the insurance 90.6 coverage to both parents. 90.7 Subd. 18. [NOTICE OF TERMINATION.] When an order for 90.8 dependent insurance coverage is in effect and the obligor's 90.9 employment is terminated, or the insurance coverage is 90.10 terminated, the health insurance plan must notify the obligee 90.11 within ten days of the termination date with notice of 90.12 conversion privileges. 90.13 Subd. 19. [RELEASE OF INFORMATION.] (a) When an order for 90.14 dependent insurance coverage is in effect, the obligor's 90.15 employer, union, or insurance agent must release to the obligee 90.16 or the public authority, upon request, information on the 90.17 dependent coverage, including the name of the health insurance 90.18 carrier or employer. The employer, union, or health insurance 90.19 plan must provide the obligee with insurance identification 90.20 cards and all necessary written information to enable the 90.21 obligee to utilize the insurance benefits for the covered 90.22 dependents. Notwithstanding any other law, information reported 90.23 pursuant to section 268.044 must be released to the public 90.24 authority. 90.25 (b) The public authority is authorized to release to the 90.26 obligor's health insurance carrier or employer information 90.27 necessary to obtain or enforce medical support. 90.28 Subd. 20. [CONTEST.] (a) The obligor may contest the 90.29 enrollment of a child in an available health plan on the limited 90.30 grounds that the enrollment is improper due to a mistake of fact 90.31 or on grounds permitted under section 517C.28. If the obligor 90.32 chooses to contest the enrollment, no later than 15 days after 90.33 the employer notifies the obligor of the enrollment, the obligor 90.34 must: 90.35 (1) file a request for a contested hearing under section 90.36 484.702; 91.1 (2) serve a copy of the request for a contested hearing on 91.2 the public authority and the obligee; and 91.3 (3) secure a date for the contested hearing no later than 91.4 45 days after the notice of enrollment. 91.5 (b) The enrollment must remain in place during the time 91.6 period in which the obligor contests the withholding. 91.7 Subd. 21. [DISENROLLMENT.] (a) A minor child that an 91.8 obligor is required to cover as a beneficiary pursuant to this 91.9 section is eligible for insurance coverage as a dependent of the 91.10 obligor until the child is emancipated or until further order of 91.11 the court. 91.12 (b) The health insurance carrier or employer may not 91.13 disenroll or eliminate coverage of the child unless: 91.14 (1) the health insurance carrier or employer is provided 91.15 satisfactory written evidence that the court order is no longer 91.16 in effect; 91.17 (2) the child is or will be enrolled in comparable health 91.18 insurance coverage through another health insurance plan that 91.19 will take effect no later than the effective date of the 91.20 disenrollment; 91.21 (3) the employer has eliminated family health coverage for 91.22 all of its employees; or 91.23 (4) the required premium has not been paid by or on behalf 91.24 of the child. 91.25 (c) If disenrollment or elimination of coverage of a child 91.26 under this subdivision is based upon nonpayment of premium, the 91.27 health insurance plan must provide 30 days' written notice to 91.28 the obligee prior to the disenrollment or elimination of 91.29 coverage. 91.30 Sec. 14. [517C.16] [PRESUMPTIVE CHILD SUPPORT WORKSHEET.] 91.31 The court must use the following worksheet to determine the 91.32 presumptive child support order: 91.33 1. Monthly Income: 91.34 a. Obligor: ....... 91.35 b. Obligee: ....... 91.36 2. Parents' Combined Income: line 1a plus line 1b: ..... 92.1 3. Parental Share: 92.2 a. Obligor: line 1a divided by line 2: ....... 92.3 b. Obligee: line 1b divided by line 2: ....... 92.4 4. Basic Needs: 92.5 a. Shared Responsibility: 92.6 Parents combined monthly income 92.7 x .09 92.8 + 300 92.9 =....... (one child) 92.10 x 1.61 (two children)= ....... 92.11 x 1.86 (three children)= ....... 92.12 x 2.06 (four children)= ....... 92.13 x 2.26 (five children)= ....... 92.14 x 2.46 (six children)= ....... 92.15 b. Obligor Proportionate Responsibility: line 3a 92.16 multiplied by line 4a: ....... 92.17 c. Obligee Proportionate Responsibility: line 3b 92.18 multiplied by line 4a: ....... 92.19 5. Basic Needs Obligation After Parenting Time Adjustment 92.20 (complete appropriate section): 92.21 a. Parenting time division approximates joint physical 92.22 custody: 92.23 Line 4b 92.24 - Line 4c 92.25 x .5 92.26 = ..... 92.27 b. Obligor exercises substantial parenting time, but not 92.28 approximating joint physical custody: 92.29 Line 4b 92.30 - Line 4a x .2 92.31 = ..... 92.32 c. Obligor exercises little or no parenting time: no 92.33 adjustment ..... 92.34 6. Child Care Needs (complete appropriate section): 92.35 a. Obligor paying for child care: cost of child care 92.36 (.......) multiplied by line 3b: ....... (deduct from support 93.1 obligation) 93.2 b. Obligee paying for child care; not receiving basic 93.3 sliding fee child care: cost of child care (.......) multiplied 93.4 by line 3a: ........ 93.5 c. Obligee receiving basic sliding fee child care: order 93.6 reimbursement to the state in an amount equal to copayment 93.7 obligor would make, based on line 1a, if obligor was receiving 93.8 basic sliding fee child care: ....... 93.9 7. Medical Support (complete appropriate section): 93.10 a. Obligor providing health insurance: line 3b multiplied 93.11 by cost of insurance: ....... (deduct from support obligation) 93.12 b. Obligee providing health insurance: line 3a multiplied 93.13 by cost of insurance: ....... 93.14 c. Child insured by a public assistance health plan: 93.15 order reimbursement to the state in an amount equal to monthly 93.16 premium obligor would pay, based on line 1a, if obligor had 93.17 enrolled child in the public assistance health plan: ........ 93.18 8. Presumed child support amount: add (or subtract, when 93.19 appropriate) amounts from lines 5, 6, and 7: ....... 93.20 Sec. 15. [517C.17] [DEVIATIONS.] 93.21 Subdivision 1. [GENERAL FACTORS.] In addition to the child 93.22 support guidelines, the court must take into consideration the 93.23 following factors in setting or modifying child support or in 93.24 determining whether to deviate from the guidelines: 93.25 (1) all earnings, income, and resources of the parents, 93.26 including real and personal property, but excluding income from 93.27 excess employment of the obligor or obligee that meets the 93.28 criteria of section 517C.12, subdivision 5; 93.29 (2) the financial needs and resources, physical and 93.30 emotional condition, and educational needs of the child to be 93.31 supported; 93.32 (3) the standard of living the child would have enjoyed had 93.33 the marriage not been dissolved, but recognizing that the 93.34 parents now have separate households; 93.35 (4) which parent receives the income taxation dependency 93.36 exemption and the financial benefit the parent receives from it; 94.1 (5) the parents' debts as provided in subdivision 2; and 94.2 (6) the obligor's receipt of public assistance under the 94.3 AFDC program formerly codified under sections 256.72 to 256.82 94.4 or 256B.01 to 256B.40 and chapter 256J or 256K. 94.5 Subd. 2. [DEBT.] In establishing or modifying a support 94.6 obligation, the court may consider debts owed to private 94.7 creditors, but only if: 94.8 (1) the right to support has not been assigned under 94.9 section 256.741; 94.10 (2) the court determines that the debt was reasonably 94.11 incurred for necessary support of the child or parent or for the 94.12 necessary generation of income. If the debt was incurred for 94.13 the necessary generation of income, the court may consider only 94.14 the amount of debt that is essential to the continuing 94.15 generation of income; and 94.16 (3) the party requesting a departure produces a sworn 94.17 schedule of the debts, with supporting documentation, showing 94.18 goods or services purchased, the recipient of them, the amount 94.19 of the original debt, the outstanding balance, the monthly 94.20 payment, and the number of months until the debt will be fully 94.21 paid. 94.22 (b) A schedule prepared under paragraph (a), clause (3), 94.23 must contain a statement that the debt will be fully paid after 94.24 the number of months shown in the schedule, barring emergencies 94.25 beyond the party's control. 94.26 (c) Any further departure below the guidelines that is 94.27 based on a consideration of debts owed to private creditors must 94.28 not exceed 18 months in duration. After 18 months the support 94.29 must increase automatically to the level ordered by the court. 94.30 This section does not prohibit one or more step increases in 94.31 support to reflect debt retirement during the 18-month period. 94.32 (d) If payment of debt is ordered pursuant to this section, 94.33 the payment must be ordered to be in the nature of child support. 94.34 Subd. 3. [EVIDENCE.] The court may receive evidence on the 94.35 factors in this section to determine if the guidelines should be 94.36 exceeded or modified in a particular case. 95.1 Subd. 4. [NO DEVIATION WHEN PAYMENTS ARE MADE TO THE 95.2 PUBLIC AUTHORITY EXCEPT FOR EXTREME HARDSHIP.] If the child 95.3 support payments are assigned to the public authority, the court 95.4 may not deviate downward from the child support guidelines 95.5 unless the court specifically finds that the failure to deviate 95.6 downward would impose an extreme hardship on the obligor. 95.7 Subd. 5. [NO DEPARTURE BASED ON JOINT LEGAL CUSTODY.] An 95.8 award of joint legal custody is not a reason for departure from 95.9 the guidelines. 95.10 Sec. 16. [517C.18] [WRITTEN FINDINGS.] 95.11 Subdivision 1. [NO DEVIATION.] If the court does not 95.12 deviate from the guidelines, the court must make written 95.13 findings concerning the amount of the parties' income used as 95.14 the basis for the guidelines calculation and any other 95.15 significant evidentiary factors affecting the determination of 95.16 child support. 95.17 Subd. 2. [DEVIATION.] (a) If the court deviates from the 95.18 guidelines, the court must make written findings giving the 95.19 amount of support calculated under the guidelines, the reasons 95.20 for the deviation, and must specifically address the criteria in 95.21 section 517C.17 and how the deviation serves the best interests 95.22 of the child. 95.23 (b) The court may deviate from the guidelines if both 95.24 parties agree and the court makes written findings that it is in 95.25 the best interests of the child, except that in cases where 95.26 child support payments are assigned to the public authority 95.27 under section 256.741, the court may deviate downward only as 95.28 provided in section 517C.17, subdivision 4. Nothing in this 95.29 section prohibits the court from deviating in other cases. 95.30 Subd. 3. [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 95.31 provisions of this section apply whether or not the parties are 95.32 each represented by independent counsel and have entered into a 95.33 written agreement. The court must review stipulations presented 95.34 to it for conformity to the guidelines. The court is not 95.35 required to conduct a hearing, but the parties must provide the 95.36 documentation of earnings required under section 517C.10. 96.1 Subd. 4. [FAILURE OF NOTICE.] If the court in a 96.2 dissolution, legal separation or determination of parentage 96.3 proceeding, finds before issuing the order for judgment and 96.4 decree, that notification has not been given to the public 96.5 authority, the court must set child support according to the 96.6 guidelines in this chapter. In those proceedings in which no 96.7 notification has been made pursuant to this section and in which 96.8 the public authority determines that the judgment is lower than 96.9 the child support required by the guidelines in this chapter, it 96.10 must move the court for a redetermination of the support 96.11 payments ordered so that the support payments comply with the 96.12 guidelines. 96.13 Sec. 17. [517C.19] [GUIDELINES REVIEW.] 96.14 No later than 2002 and every four years after that, the 96.15 department of human services must conduct a review of the child 96.16 support guidelines. 96.17 Sec. 18. [517C.20] [EDUCATION TRUST FUND.] 96.18 The parties may agree to designate a sum of money above 96.19 court-ordered child support as a trust fund for the costs of 96.20 post-secondary education. 96.21 Sec. 19. [517C.25] [GENERAL.] 96.22 Subdivision 1. [AUTHORITY.] After a child support order is 96.23 established, the court may, on motion of a party, modify the 96.24 order respecting the amount and payment of support. The court 96.25 may make an order respecting any matters it had authority to 96.26 address in the original proceeding, except as otherwise provided 96.27 in section 517C.29. A party or the public authority also may 96.28 make a motion for contempt of court if the obligor is in arrears 96.29 in support payments. 96.30 Subd. 2. [GUIDELINES REMAIN APPLICABLE.] On a motion for 96.31 modification of support, the guidelines in this chapter remain 96.32 applicable. 96.33 Subd. 3. [EVIDENTIARY HEARING NOT REQUIRED.] The court 96.34 need not hold an evidentiary hearing on a motion for 96.35 modification of child support. 96.36 Subd. 4. [FORM.] The department of human services must 97.1 prepare and make available to courts, obligors, and obligees a 97.2 form to be submitted in support of a motion for a modification 97.3 of child support or for contempt of court. 97.4 Sec. 20. [517C.26] [REOPENING AN ORDER.] 97.5 Subdivision 1. [FACTORS.] Upon the motion of a party, the 97.6 court may rescind a child support order or judgment and may 97.7 issue a new order or grant other relief as may be just for the 97.8 following reasons: 97.9 (1) mistake, inadvertence, surprise, or excusable neglect; 97.10 (2) newly discovered evidence that could not have been 97.11 discovered by due diligence in time to move for a new trial 97.12 under the rules of civil procedure; 97.13 (3) fraud, whether denominated intrinsic or extrinsic, 97.14 misrepresentation, or other misconduct of an adverse party; 97.15 (4) the judgment or order is void; 97.16 (5) the judgment has been satisfied, released, or 97.17 discharged; 97.18 (6) the judgment is based on a prior order that has been 97.19 reversed or otherwise vacated; or 97.20 (7) it is no longer equitable that the order should have 97.21 prospective application. 97.22 Subd. 2. [PROCEDURE; EFFECT.] The motion must be made 97.23 within a reasonable time, and, for a reason under subdivision 1, 97.24 clause (1), (2), or (3), not more than one year after the 97.25 judgment and decree, order, or proceeding was entered or taken. 97.26 A motion under this section does not affect the finality of an 97.27 order or suspend its operation. This section does not limit the 97.28 power of a court to entertain an independent action to relieve a 97.29 party from an order or proceeding or to grant relief to a party 97.30 not actually personally notified as provided in the rules of 97.31 civil procedure, or to set aside a judgment for fraud upon the 97.32 court. 97.33 Sec. 21. [517C.27] [CHANGE IN CUSTODY OR PARENTING TIME.] 97.34 Subdivision 1. [OFFICIAL CHANGE IN CUSTODY.] If a 97.35 custodial parent has been granted sole physical custody of a 97.36 child, the child subsequently lives with the noncustodial 98.1 parent, and temporary sole physical custody has been approved by 98.2 the court or by a court-appointed referee, the court may suspend 98.3 the noncustodial parent's child support obligation pending the 98.4 final custody determination. The court's order denying the 98.5 suspension of child support must include a written explanation 98.6 of the reasons why continuation of the child support obligation 98.7 would be in the best interests of the child. 98.8 Subd. 2. [UNOFFICIAL CHANGE IN CUSTODY.] The court may 98.9 conclude that an obligor has satisfied a child support 98.10 obligation by providing a home, care, and support for the child 98.11 while the child is living with the obligor, if the court finds 98.12 that the child was integrated into the family of the obligor 98.13 with the consent of the obligee and child support payments were 98.14 not assigned to the public authority. 98.15 Subd. 3. [CHANGE IN PARENTING TIME.] The court may modify 98.16 a child support order if it finds that the parenting time 98.17 adjustment that was applied in the order has changed either in 98.18 fact or by court order. 98.19 Subd. 4. [30-DAY CHANGE.] A support order issued under 98.20 this chapter may provide that during any period of time of 30 98.21 consecutive days or longer that the child is residing with the 98.22 noncustodial parent, the amount of support otherwise due under 98.23 the order may be reduced. 98.24 Sec. 22. [517C.28] [SUBSTANTIAL CHANGE IN CIRCUMSTANCES, 98.25 EARNINGS, OR NEEDS.] 98.26 Subdivision 1. [FACTORS.] The terms of a child support 98.27 order may be modified upon a showing of one or more of the 98.28 following: 98.29 (1) substantially increased or decreased earnings of a 98.30 party; 98.31 (2) substantially increased or decreased need of a party or 98.32 the child that is the subject of these proceedings; 98.33 (3) receipt of assistance under the AFDC program formerly 98.34 codified under sections 256.72 to 256.87 or 256B.01 to 256B.40 98.35 or chapter 256J or 256K; 98.36 (4) a change in the cost of living for either party, as 99.1 measured by the federal Bureau of Statistics, that makes the 99.2 terms unreasonable and unfair; 99.3 (5) extraordinary medical expenses of the child not 99.4 provided for under section 517C.15; 99.5 (6) the addition of work-related or education-related child 99.6 care expenses of the obligee or a substantial increase or 99.7 decrease in existing work-related or education-related child 99.8 care expenses; or 99.9 (7) upon the emancipation of a child if there is still a 99.10 child under the order. A child support obligation for two or 99.11 more children that is not a support obligation in a specific 99.12 amount per child continues in the full amount until modified or 99.13 until the emancipation of the last child for whose benefit the 99.14 order was made. 99.15 Subd. 2. [PRESUMPTIONS.] It is presumed that there has 99.16 been a substantial change in circumstances under subdivision 1 99.17 and the terms of a current support order are rebuttably presumed 99.18 to be unreasonable and unfair if: 99.19 (1) when applied to the current circumstances of the 99.20 parties, the presumptive child support amount derived under this 99.21 chapter is at least 20 percent and at least $50 per month higher 99.22 or lower than the current support order; 99.23 (2) the medical support provisions of the order established 99.24 under section 517C.15 are not enforceable by the public 99.25 authority or the obligee; 99.26 (3) health insurance coverage ordered under section 517C.15 99.27 is not available to the child for whom the order is established 99.28 by the parent ordered to provide it; or 99.29 (4) the existing support obligation is in the form of a 99.30 statement of percentage and not a specific dollar amount. 99.31 Subd. 3. [SUBSEQUENT CHILD.] The needs of a subsequent 99.32 child must not be factored into a support guidelines 99.33 calculation. The fact that an obligor had an additional child 99.34 after the entry of a child support order is not grounds for a 99.35 modification to decrease the amount of support owed. However, 99.36 the fact that an obligor has a subsequent child must be 100.1 considered in response to a request by an obligee for a 100.2 modification to increase child support. In order to deviate 100.3 from the presumptive support amount derived under this chapter 100.4 to consider the needs of a subsequent child, the trial court 100.5 must: 100.6 (1) find the obligor's total ability to contribute to 100.7 dependent children, taking into account the obligor's income and 100.8 reasonable expenses exclusive of child care. The obligor's 100.9 expenses must be: 100.10 (i) reduced as appropriate to take into account 100.11 contributions to those costs by other adults who share the 100.12 obligor's current household; and 100.13 (ii) apportioned between the parent and a subsequent child 100.14 with regard to shared benefits, including, but not limited to, 100.15 housing and transportation; 100.16 (2) find the total needs of all the obligor's children, and 100.17 if these needs are less than the obligor's ability to pay, the 100.18 needs may become the obligor's child support obligation. When 100.19 considering the needs of a subsequent child, the trial court 100.20 must reduce those amounts as appropriate to take into account 100.21 the ability to contribute to those needs by another parent of 100.22 the child; 100.23 (3) make specific findings on the needs of the child or 100.24 children who are the subject of the support order under 100.25 consideration; and 100.26 (4) exercise discretion to fairly determine the current 100.27 support obligation and the contribution left available for other 100.28 children, considering that the support obligation being 100.29 determined should be in an amount at least equal to the 100.30 contribution for a subsequent child. 100.31 Sec. 23. [517C.29] [MODIFICATION EFFECTIVE DATE.] 100.32 Subdivision 1. [DATE OF MOTION DETERMINATIVE.] A 100.33 modification of support, including interest that accrued 100.34 pursuant to section 548.091, may be made effective no sooner 100.35 than the date of service of notice of the motion for 100.36 modification on the responding parties. 101.1 Subd. 2. [RETROACTIVE MODIFICATION PERMITTED ONLY IN 101.2 LIMITED CIRCUMSTANCES.] Notwithstanding subdivision 1, 101.3 modification may be applied to an earlier period if the court 101.4 makes express findings that: 101.5 (1) the party seeking modification was precluded from 101.6 serving a motion by reason of a significant physical or mental 101.7 disability, a material misrepresentation of another party, or 101.8 fraud upon the court; and the party seeking modification, when 101.9 no longer precluded, promptly served a motion; 101.10 (2) the party seeking modification was a recipient of 101.11 federal Supplemental Security Income (SSI), Title II Older 101.12 Americans Insurance, Survivor's Disability Insurance (OASDI), 101.13 other disability benefits, or public assistance based upon need 101.14 during the period for which retroactive modification is sought; 101.15 or 101.16 (3) the order the party seeks to amend was entered by 101.17 default, the party shows good cause for not appearing, and the 101.18 record contains no factual evidence, or clearly erroneous 101.19 evidence, regarding the obligor's ability to pay. 101.20 Subd. 3. [CHILD CARE EXCEPTION.] The court may provide 101.21 that a reduction in the amount allocated for child care expenses 101.22 based on a substantial decrease in the expenses is effective as 101.23 of the date the expenses decreased. 101.24 Sec. 24. [517C.30] [TERMINATION OF CHILD SUPPORT.] 101.25 Subdivision 1. [DEATH OF OBLIGOR.] Unless otherwise agreed 101.26 in writing or expressly provided in the order, provisions for 101.27 the support of a child are not terminated by the death of a 101.28 parent obligated to support the child. When a parent obligated 101.29 to pay support dies, the amount of support may be modified, 101.30 revoked, or commuted to a lump sum payment, to the extent just 101.31 and appropriate in the circumstances. 101.32 Subd. 2. [AUTOMATIC TERMINATION.] (a) Unless a court order 101.33 provides otherwise, a child support obligation in a specific 101.34 amount per child terminates automatically and without any action 101.35 by the obligor to reduce, modify, or terminate the order upon 101.36 the emancipation of the child. 102.1 (b) A child support obligation for two or more children 102.2 that is not a support obligation in a specific amount per child 102.3 continues in the full amount until the emancipation of the last 102.4 child for whose benefit the order was made, or until further 102.5 order of the court. 102.6 (c) The obligor may request a modification of the obligor's 102.7 child support order upon the emancipation of a child if there 102.8 are still minor children under the order. The child support 102.9 obligation shall be determined based on the income of the 102.10 parties at the time the modification is sought. 102.11 Sec. 25. [517C.31] [COST-OF-LIVING ADJUSTMENTS.] 102.12 Subdivision 1. [GENERAL.] An order for child support must 102.13 provide for a biennial adjustment in the amount to be paid based 102.14 on a change in the cost of living. Cost-of-living adjustments 102.15 are compounded. 102.16 Subd. 2. [REQUEST FOR COST-OF-LIVING CLAUSE.] If an 102.17 existing support order does not contain a cost-of-living clause, 102.18 the obligee or public authority may request one. A motion for 102.19 enforcement or modification of an existing support order must 102.20 include a request for a cost-of-living clause if the existing 102.21 support order does not contain one. 102.22 Subd. 3. [WAIVER.] A court may waive the requirement of 102.23 the cost-of-living clause if it expressly finds that the 102.24 obligor's occupation or income, or both, does not provide for 102.25 cost-of-living adjustment or that the order for child support 102.26 has a provision such as a step increase that has the effect of a 102.27 cost-of-living clause. 102.28 Subd. 4. [INDEX; AMOUNT.] (a) An order that provides for a 102.29 cost-of-living adjustment must specify the cost-of-living index 102.30 to be applied. The court may use the Consumer Price Index for 102.31 All Urban Consumers, Minneapolis-St. Paul (CPI-U), the Consumer 102.32 Price Index for Wage Earners and Clerical, Minneapolis-St. Paul 102.33 (CPI-W), or another cost-of-living index published by the 102.34 department of labor that the court specifically finds is more 102.35 appropriate. 102.36 (b) The court may increase the amount by more than the 103.1 cost-of-living adjustment by agreement of the parties or by 103.2 making further findings. 103.3 Subd. 5. [EFFECTIVE DATE.] If payment is made to the 103.4 public authority, an adjustment is effective on May 1 of the 103.5 year it is made. If payment is not made to the public 103.6 authority, an adjustment may be made in any month but no 103.7 adjustment may be made sooner than two years after the date of 103.8 the dissolution decree. A support order must specify the 103.9 effective date of cost-of-living adjustments. 103.10 Subd. 6. [CONDITIONS.] A cost-of-living adjustment may not 103.11 be made unless: 103.12 (1) the support order requires it; and 103.13 (2) the obligee or public authority notifies the obligor of 103.14 the adjustment by mail at the obligor's last known address at 103.15 least 20 days before the effective date of the adjustment. The 103.16 notice must inform the obligor of the effective date of the 103.17 adjustment, the right to contest the adjustment, and the 103.18 permissible grounds to contest the adjustment. 103.19 Subd. 7. [CONTEST; GROUNDS; HEARING.] (a) To contest a 103.20 cost-of-living adjustment, an obligor must request a hearing 103.21 before the effective date of the adjustment. The request for a 103.22 hearing must be made to the court and served on the other 103.23 parties. The obligor may make an ex parte motion to stay 103.24 imposition of the adjustment pending outcome of the hearing. 103.25 (b) An obligor may contest a cost-of-living adjustment on 103.26 the grounds that the obligor has an insufficient increase in 103.27 income to fulfill the adjusted child support obligation. 103.28 (c) At a hearing, if the obligor establishes an 103.29 insufficient increase in income to fulfill the adjusted child 103.30 support obligation, the court may direct that all or part of the 103.31 adjustment not take effect. 103.32 (d) At a hearing, if the obligor does not establish an 103.33 insufficient increase in income, the adjustment must take effect 103.34 as of the date originally specified in the support order. 103.35 Subd. 8. [FORM.] The department of human services must 103.36 prepare and make available to the court and obligors a form to 104.1 be submitted in support of a request for a hearing under this 104.2 section. 104.3 Subd. 9. [RULES.] The commissioner of human services may 104.4 promulgate rules for child support adjustments under this 104.5 section in accordance with the rulemaking provisions of chapter 104.6 14. 104.7 Sec. 26. [517C.35] [ASSIGNMENT.] 104.8 Subdivision 1. [GENERAL.] The court must direct that all 104.9 payments ordered for support be made to the public authority if 104.10 the obligee is receiving or has applied for public assistance. 104.11 Amounts received by the public authority greater than the amount 104.12 granted to the obligee must be remitted to the obligee pursuant 104.13 to federal requirements. 104.14 Subd. 2. [JUDGMENTS.] The court administrator must enter 104.15 and docket a judgment obtained by operation of law under section 104.16 548.091, subdivision 1, in the name of the public authority to 104.17 the extent that the obligation has been assigned. When arrears 104.18 are reduced to judgment and section 548.091 is not applicable, 104.19 the court must grant judgment in favor of, and in the name of, 104.20 the public authority to the extent that the arrears are 104.21 assigned. The public authority must file notice of an 104.22 assignment with the court administrator, who must enter the 104.23 notice in the docket. The public authority may then enforce a 104.24 judgment entered before the assignment of rights as if the 104.25 judgment were granted to it, and in its name, to the extent that 104.26 the arrears in that judgment are assigned. 104.27 Subd. 3. [PROPERTY LIEN.] The court may make any child 104.28 support order a lien or charge upon the property of the obligor, 104.29 either at the time of the entry of the judgment or by subsequent 104.30 order upon proper application. 104.31 Sec. 27. [517C.36] [PARTY STATUS.] 104.32 Subdivision 1. [WHEN A PARTY RECEIVES PUBLIC 104.33 ASSISTANCE.] The public authority is joined as a party if the 104.34 obligee is receiving, or subsequently applies for, public 104.35 assistance and rights are assigned under section 256.741, 104.36 subdivision 2. 105.1 Subd. 2. [NO PUBLIC ASSISTANCE; APPLICATION FOR SERVICES.] 105.2 If the obligee is not receiving public assistance, but has 105.3 applied for child support services, the public authority has a 105.4 pecuniary interest, as well as an interest in the welfare of a 105.5 child. The public authority may intervene as a matter of right 105.6 in those cases to ensure that child support orders are obtained, 105.7 enforced, and provide for an appropriate and accurate level of 105.8 child, medical, and child care support. If the public authority 105.9 participates in a case where the action taken by the public 105.10 authority requires the use of an attorney's services, the public 105.11 authority must be represented by an attorney consistent with the 105.12 provisions in section 517C.37. 105.13 Sec. 28. [517C.37] [ROLE OF THE PUBLIC AUTHORITY.] 105.14 Subdivision 1. [PUBLIC AUTHORITY DOES NOT REPRESENT 105.15 OBLIGOR OR OBLIGEE.] The provision of services under the child 105.16 support enforcement program that includes services by an 105.17 attorney or an attorney's representative employed by, under 105.18 contract to, or representing the public authority does not 105.19 create an attorney-client relationship with any party other than 105.20 the public authority. Attorneys employed by or under contract 105.21 with the public authority have an affirmative duty to inform 105.22 applicants and recipients of services under the child support 105.23 enforcement program that no attorney-client relationship exists 105.24 between the attorney and the applicant or recipient. This 105.25 section applies to all legal services provided by the child 105.26 support enforcement program. 105.27 Subd. 2. [WRITTEN NOTICE.] The public authority must 105.28 provide written notice to an applicant or recipient of services 105.29 that: 105.30 (1) no attorney-client relationship exists between the 105.31 attorney and the applicant or recipient; 105.32 (2) the rights of the individual as a subject of data are 105.33 controlled by section 13.04, subdivision 2; and 105.34 (3) the individual has a right to have an attorney 105.35 represent the individual. 105.36 Subd. 3. [POWER TO REPRESENT OTHER PUBLIC 106.1 AUTHORITIES.] The public authority may act on behalf of a public 106.2 authority from another jurisdiction. This includes the 106.3 authority to represent the legal interests of, or execute 106.4 documents on behalf of, the other public authority in connection 106.5 with the establishment, enforcement, and collection of child 106.6 support and collection on judgments. 106.7 Sec. 29. [517C.38] [SERVICE FEES.] 106.8 Subdivision 1. [OBLIGOR FEE.] When the public authority 106.9 provides child support collection services either to a public 106.10 assistance recipient or to a party who does not receive public 106.11 assistance, the public authority may upon written notice to the 106.12 obligor charge a monthly collection fee equivalent to the full 106.13 monthly cost to the county of providing collection services, in 106.14 addition to the amount of the child support ordered by the 106.15 court. The fee must be deposited in the county general fund. 106.16 The service fee assessed is limited to ten percent of the 106.17 monthly court ordered child support and must not be assessed to 106.18 obligors who are current in payment of the monthly court ordered 106.19 child support. 106.20 Subd. 2. [OBLIGEE FEE.] An application fee of $25 must be 106.21 paid by the person who applies for child support and maintenance 106.22 collection services, except persons who are receiving public 106.23 assistance as defined in section 256.741, persons who transfer 106.24 from public assistance to nonpublic assistance status, and minor 106.25 parents and parents enrolled in a public secondary school, area 106.26 learning center, or alternative learning program approved by the 106.27 commissioner of children, families, and learning. 106.28 Subd. 3. [TAX INTERCEPT FEES.] Fees assessed by state and 106.29 federal tax agencies for collection of overdue support owed to 106.30 or on behalf of a person not receiving public assistance must be 106.31 imposed on the person for whom these services are provided. The 106.32 public authority upon written notice to the obligee must assess 106.33 a fee of $25 to the person not receiving public assistance for 106.34 each successful federal tax interception. The fee must be 106.35 withheld prior to the release of the funds received from each 106.36 interception and must be deposited in the general fund. 107.1 Subd. 4. [COMPLIANCE WITH FEDERAL LAW.] The limitations of 107.2 this section on the assessment of fees do not apply to the 107.3 extent they are inconsistent with the requirements of federal 107.4 law for receiving funds for the programs under Title IV-A and 107.5 Title IV-D of the Social Security Act, United States Code, title 107.6 42, sections 601 to 613 and 651 to 662. 107.7 Sec. 30. [517C.39] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 107.8 SUPPORT AND PARENTAGE ORDERS.] 107.9 The public authority may use the provisions of sections 107.10 517C.40 to 517C.44 when support rights are assigned under 107.11 section 256.741, subdivision 2, or when the public authority is 107.12 providing services under an application for child support 107.13 services. 107.14 Sec. 31. [517C.40] [NONATTORNEY EMPLOYEE DUTIES.] 107.15 Subdivision 1. [DUTIES PERFORMED UNDER SUPERVISION OF 107.16 COUNTY ATTORNEY.] (a) The county attorney must review and 107.17 approve as to form and content all pleadings and other legal 107.18 documents prepared by nonattorney employees of the public 107.19 authority for use in the expedited child support process. 107.20 (b) Under the direction of, and in consultation with, the 107.21 county attorney, nonattorney employees of the public authority 107.22 may perform the following legal duties: 107.23 (1) meet and confer with parties by mail, telephone, 107.24 electronic, or other means regarding legal issues; 107.25 (2) explain to parties the purpose, procedure, and function 107.26 of the expedited child support process and the role and 107.27 authority of nonattorney employees of the public authority 107.28 regarding legal issues; 107.29 (3) prepare pleadings, including, but not limited to, 107.30 summonses and complaints, notices, motions, subpoenas, orders to 107.31 show cause, proposed orders, administrative orders, and 107.32 stipulations and agreements; 107.33 (4) issue administrative subpoenas; 107.34 (5) prepare judicial notices; 107.35 (6) negotiate settlement agreements; 107.36 (7) attend and participate as a witness in hearings and 108.1 other proceedings and, if requested by the child support 108.2 magistrate, present evidence, agreements and stipulations of the 108.3 parties, and any other information deemed appropriate by the 108.4 magistrate; 108.5 (8) participate in other activities and perform other 108.6 duties delegated by the county attorney; and 108.7 (9) exercise other powers and perform other duties as 108.8 permitted by statute or court rule. 108.9 Subd. 2. [DUTIES PERFORMED AUTONOMOUSLY.] Nonattorney 108.10 employees of the public authority may perform the following 108.11 duties without direction from the county attorney: 108.12 (1) gather information on behalf of the public authority; 108.13 (2) prepare financial worksheets; 108.14 (3) obtain income information from the department of 108.15 economic security and other sources; 108.16 (4) serve documents on parties; 108.17 (5) file documents with the court; 108.18 (6) meet and confer with parties by mail, telephone, 108.19 electronic, or other means regarding nonlegal issues; 108.20 (7) explain to parties the purpose, procedure, and function 108.21 of the expedited child support process and the role and 108.22 authority of nonattorney employees of the public authority 108.23 regarding nonlegal issues; and 108.24 (8) perform other routine nonlegal duties as assigned. 108.25 Subd. 3. [PRACTICE OF LAW.] Performance of the duties 108.26 prescribed in subdivisions 1 and 2 by nonattorney employees of 108.27 the public authority does not constitute the unauthorized 108.28 practice of law for purposes of section 481.02. 108.29 Sec. 32. [517C.41] [FINANCIAL WORKSHEET.] 108.30 Subdivision 1. [PREPARATION.] In cases involving 108.31 establishment or modification of a child support order, a 108.32 nonattorney employee of the public authority must prepare a 108.33 financial worksheet that contains: 108.34 (1) names and addresses of the parties; 108.35 (2) social security numbers of the parties; 108.36 (3) number of members in each party's household and 109.1 dependents of the parties; 109.2 (4) names and addresses of the parties' employers; 109.3 (5) gross income of the parties as defined in this chapter; 109.4 (6) amounts and sources of any other earnings and income of 109.5 the parties; 109.6 (7) health insurance coverage of parties; and 109.7 (8) any other information relevant to the determination of 109.8 child or medical support under this chapter. 109.9 Subd. 2. [INCOME INFORMATION.] In preparing the financial 109.10 worksheet, the nonattorney employee of the public authority must 109.11 obtain income information available to the public authority from 109.12 the department of economic security and serve this information 109.13 on the parties. The information must be filed with the court or 109.14 child support magistrate at least five days before a hearing 109.15 involving child support, medical support, or child care 109.16 reimbursement issues. 109.17 Sec. 33. [517C.42] [NONCONTESTED MATTERS.] 109.18 Under the direction of the county attorney and based on 109.19 agreement of the parties, nonattorney employees may prepare a 109.20 stipulation, findings of fact, conclusions of law, and proposed 109.21 order. The documents must be approved and signed by the county 109.22 attorney as to form and content before submission to the court 109.23 or child support magistrate for approval. 109.24 Sec. 34. [517C.43] [ADMINISTRATIVE AUTHORITY; PARENTAGE; 109.25 SUPPORT.] 109.26 Subdivision 1. [POWERS.] The public authority may take the 109.27 following actions relating to establishment of paternity or to 109.28 establishment, modification, or enforcement of support orders, 109.29 without the necessity of obtaining an order from a judicial or 109.30 administrative tribunal: 109.31 (1) recognize and enforce orders of child support agencies 109.32 of other states; 109.33 (2) upon request for genetic testing by a child, parent, or 109.34 an alleged parent, and using the procedure in subdivision 2, 109.35 order the child, parent, or alleged parent to submit to blood or 109.36 genetic testing for the purpose of establishing paternity; 110.1 (3) subpoena financial or other information needed to 110.2 establish, modify, or enforce a child support order and request 110.3 sanctions for failure to respond to a subpoena; 110.4 (4) upon notice to the obligor, obligee, and the 110.5 appropriate court, direct the obligor or other payor to change 110.6 the payee to the central collections unit under section 517C.50; 110.7 (5) order income withholding of child support under section 110.8 517C.52; 110.9 (6) secure assets to satisfy a support debt or arrears by: 110.10 (i) intercepting or seizing periodic or lump-sum payments 110.11 from state or local agencies, including reemployment 110.12 compensation, workers' compensation payments, judgments, 110.13 settlements, lotteries, and other lump-sum payments; 110.14 (ii) attaching and seizing assets of the obligor held in 110.15 financial institutions or public or private retirement funds; 110.16 and 110.17 (iii) imposing liens in accordance with section 548.091, 110.18 and, in appropriate cases, forcing the sale of property and the 110.19 distribution of proceeds; 110.20 (7) for the purpose of securing overdue support, increase 110.21 the amount of the monthly support payments by an additional 110.22 amount equal to 20 percent of the monthly support payment to 110.23 include amounts for debts or arrears; and 110.24 (8) subpoena an employer or payor of funds to provide 110.25 promptly information on the employment, compensation, and 110.26 benefits of an individual employed by that employer as an 110.27 employee or contractor, and to request sanctions for failure to 110.28 respond to the subpoena as provided by law. 110.29 Subd. 2. [GENETIC TESTING.] (a) A request for genetic 110.30 testing by a child, parent, or alleged parent must be supported 110.31 by a sworn statement by the person requesting genetic testing 110.32 that: 110.33 (1) alleges paternity and sets forth facts establishing a 110.34 reasonable possibility of the requisite sexual contact between 110.35 the parties; or 110.36 (2) denies paternity and sets forth facts establishing a 111.1 reasonable possibility of the nonexistence of sexual contact 111.2 between the alleged parties. 111.3 (b) The order for genetic tests may be served anywhere 111.4 within the state and served outside the state in the same manner 111.5 as prescribed by law for service of subpoenas issued by the 111.6 district court of this state. 111.7 (c) If the child, parent, or alleged parent fails to comply 111.8 with the genetic testing order, the public authority may seek to 111.9 enforce that order in district court through a motion to compel 111.10 testing. 111.11 (d) No results obtained through genetic testing done in 111.12 response to an order issued under this section may be used in a 111.13 criminal proceeding. 111.14 Subd. 3. [SUBPOENAS.] (a) Subpoenas may be served anywhere 111.15 within the state and served outside the state in the same manner 111.16 as prescribed by law for service of process of subpoenas issued 111.17 by the district court of this state. When a subpoena under this 111.18 subdivision is served on a third-party recordkeeper, written 111.19 notice of the subpoena must be mailed to the person who is the 111.20 subject of the subpoenaed material at the person's last known 111.21 address within three days of the day the subpoena is served. 111.22 This notice provision does not apply if there is reasonable 111.23 cause to believe the giving of the notice may lead to 111.24 interference with the production of the subpoenaed documents. 111.25 (b) A person served with a subpoena may make a written 111.26 objection to the public authority or court before the time 111.27 specified in the subpoena for compliance. The public authority 111.28 or the court may cancel or modify the subpoena, if appropriate. 111.29 The public authority must pay the reasonable costs of producing 111.30 the documents, if requested. 111.31 (c) Subpoenas are enforceable in the same manner as 111.32 subpoenas of the district court. Upon motion of the county 111.33 attorney, the court may issue an order directing the production 111.34 of the records. A person who fails to comply with the court 111.35 order is subject to civil or criminal contempt of court. 111.36 Subd. 4. [DUE PROCESS.] The administrative actions under 112.1 this section are subject to due process safeguards, including 112.2 requirements for notice, opportunity to contest the action, and 112.3 opportunity to appeal the order to a judge, judicial officer, or 112.4 child support magistrate. 112.5 Sec. 35. [517C.44] [SHARING OF INFORMATION; DATA.] 112.6 Subdivision 1. [GENERAL.] The public authority may share 112.7 available and relevant information on the parties in order to 112.8 perform its duties under this chapter or under supreme court 112.9 rules governing the expedited child support hearing process 112.10 under section 484.702, subject to the limitations of subdivision 112.11 3, section 256.87, subdivision 8, and section 257.70. 112.12 Subd. 2. [DATA DISCLOSED TO AN ATTORNEY OF THE PUBLIC 112.13 AUTHORITY.] (a) Data disclosed by an applicant for, or recipient 112.14 of, child support services to an attorney employed by, or under 112.15 contract with, the public authority is private data on an 112.16 individual. However, the data may be disclosed under section 112.17 13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and in 112.18 order to obtain, modify, or enforce child support, medical 112.19 support, and parentage determinations. 112.20 (b) An attorney employed by, or under contract with, the 112.21 public authority may disclose additional information received 112.22 from an applicant for, or recipient of, services for other 112.23 purposes with the consent of the individual applicant for, or 112.24 recipient of, child support services. 112.25 Subd. 3. [PROHIBITED DISCLOSURE.] In all proceedings under 112.26 this chapter in which public assistance is assigned under 112.27 section 256.741, or the public authority provides services to a 112.28 party or parties to the proceedings, notwithstanding statutory 112.29 or other authorization for the public authority to release 112.30 private data on the location of a party to the action, 112.31 information on the location of one party may not be released by 112.32 the public authority to the other party if: 112.33 (1) the public authority has knowledge that a protective 112.34 order with respect to the other party has been entered; or 112.35 (2) the public authority has reason to believe that the 112.36 release of the information may result in physical or emotional 113.1 harm to the other party. 113.2 Sec. 36. [517C.45] [SUFFICIENCY OF NOTICE.] 113.3 Automated child support notices sent by the public 113.4 authority which do not require service are sufficient notice 113.5 when issued and mailed by first class mail to the person's last 113.6 known address. 113.7 Sec. 37. [517C.50] [CHILD SUPPORT PAYMENT CENTER; CENTRAL 113.8 COLLECTIONS UNIT.] 113.9 Subdivision 1. [CREATION.] (a) The commissioner of human 113.10 services must create and maintain a central collections unit to 113.11 receive, process, and disburse payments, and to maintain a 113.12 record of payments in cases when: 113.13 (1) the public authority is a party; or 113.14 (2) payment is collected through income withholding. 113.15 (b) The commissioner may contract for services to carry out 113.16 these provisions if the commissioner first meets and negotiates 113.17 with the affected exclusive representatives. 113.18 Subd. 2. [CREDITOR COLLECTIONS.] The central collections 113.19 unit under this section is not a third party under chapters 550, 113.20 552, and 571 for purposes of creditor collection efforts against 113.21 child support and maintenance order obligors or obligees, and is 113.22 not subject to creditor levy, attachment, or garnishment. 113.23 Sec. 38. [517C.51] [MANDATORY PAYMENT OF OBLIGATIONS TO 113.24 CENTRAL COLLECTIONS UNIT.] 113.25 Subdivision 1. [GENERAL.] All payments described in 113.26 section 517C.50 must be made to the central collections unit. 113.27 Subd. 2. [LOCAL PAYMENT; TRANSMITTAL.] The public 113.28 authority must provide a location for obligors to pay child 113.29 support in each local jurisdiction. When the public authority 113.30 receives a payment it must transmit the funds to the central 113.31 collections unit within one working day. 113.32 Subd. 3. [INCENTIVES.] Notwithstanding a rule to the 113.33 contrary, incentives must be paid to the county providing 113.34 services and maintaining the case to which the payment is 113.35 applied. Incentive payments awarded for the collection of child 113.36 support must be based solely upon payments processed by the 114.1 central collections unit. Incentive payments received by the 114.2 county under this subdivision must be used for county child 114.3 support collection efforts. 114.4 Subd. 4. [ELECTRONIC FUNDS TRANSFER.] The central 114.5 collections unit may receive and disburse funds electronically. 114.6 Subd. 5. [REQUIRED CONTENT OF ORDER.] A tribunal issuing 114.7 an order that establishes or modifies a payment must issue an 114.8 income withholding order in conformity with section 517C.52. 114.9 The automatic income withholding order must include the name of 114.10 the obligor, the obligor's social security number, the obligor's 114.11 date of birth, and the name and address of the obligor's 114.12 employer. The street mailing address and the electronic mail 114.13 address for the central collections unit must be included in 114.14 each automatic income withholding order issued by a tribunal. 114.15 Subd. 6. [TRANSMITTAL OF ORDER TO THE PUBLIC AUTHORITY BY 114.16 THE TRIBUNAL.] The tribunal must transmit a copy of the order 114.17 establishing or modifying the payment, and a copy of the 114.18 automatic income withholding order, to the public authority 114.19 within two working days of the approval of the order by the 114.20 judge or child support magistrate or other person or entity 114.21 authorized to sign the automatic withholding order. 114.22 Subd. 7. [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 114.23 OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 114.24 payor of funds must identify the obligor on the check or 114.25 remittance by name, payor number, and social security number, 114.26 and must comply with section 517C.52. 114.27 Subd. 8. [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 114.28 FUNDS.] A notice may be directed to a person or entity 114.29 submitting a check drawn on insufficient funds stating that 114.30 future payments must be made by cash or certified funds. The 114.31 central collections unit and the public authority may refuse a 114.32 check from a person or entity that has been given notice that 114.33 payments must be in cash or certified funds. 114.34 Subd. 9. [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 114.35 record of payments maintained by the central collections unit is 114.36 admissible evidence in all tribunals as proof of payments made 115.1 through the central collections unit without the need of 115.2 testimony to prove authenticity. 115.3 Subd. 10. [TRANSITION PROVISIONS.] (a) The commissioner of 115.4 human services must develop a plan for the implementation of the 115.5 central collections unit. The plan must require that payments 115.6 be redirected to the central collections unit. Payments may be 115.7 redirected in groups according to county of origin, county of 115.8 payment, method of payment, type of case, or any other 115.9 distinguishing factor designated by the commissioner. 115.10 (b) Notice that payments must be made to the central 115.11 collections unit must be provided to the obligor and to the 115.12 payor of funds at least 30 days before payments are redirected 115.13 to the central collections unit. After the notice has been 115.14 provided to the obligor or payor of funds, mailed payments 115.15 received by the public authority must be forwarded to the 115.16 central collections unit. A notice must be sent to the obligor 115.17 or payor of funds stating that payment application may be 115.18 delayed and must provide directions to submit future payments to 115.19 the central collections unit. 115.20 Subd. 11. [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 115.21 commissioner of human services may establish a revolving account 115.22 to cover funds issued in error due to insufficient funds or 115.23 other reasons. Appropriations for this purpose and all 115.24 recoupments against payments from the account must be deposited 115.25 in the collections unit's recoupment account and are 115.26 appropriated to the commissioner. An unexpended balance in the 115.27 account does not cancel, but is available until expended. 115.28 Sec. 39. [517C.52] [INCOME WITHHOLDING; GENERAL.] 115.29 Subdivision 1. [APPLICATION.] Sections 517C.52 to 517C.62 115.30 apply to all support orders issued by a court or an 115.31 administrative tribunal and orders for or notices of withholding 115.32 issued by the public authority according to section 517C.43, 115.33 subdivision 1, clause (5). 115.34 Subd. 2. [ORDER.] (a) Every support order must address 115.35 income withholding. Whenever a support order is initially 115.36 entered or modified, the full amount of the support order must 116.1 be withheld from the income of the obligor and forwarded to the 116.2 public authority. Sections 517C.51 to 517C.62 apply regardless 116.3 of the source of income of the person obligated to pay the child 116.4 support. 116.5 (b) A payor of funds must implement income withholding 116.6 according to sections 517C.51 to 517C.62 upon receipt of an 116.7 order for or notice of withholding. The notice of withholding 116.8 must be on a form provided by the commissioner of human services. 116.9 Subd. 3. [NOTICE; INCOME WITHHOLDING AND COLLECTION 116.10 SERVICES.] (a) The commissioner of human services must prepare 116.11 and make available to the courts a notice of services that 116.12 explains child support and maintenance collection services 116.13 available through the public authority, including income 116.14 withholding. Upon receiving a petition for dissolution of 116.15 marriage or legal separation, the court administrator must 116.16 promptly send the notice of services to the petitioner and 116.17 respondent at the addresses stated in the petition. 116.18 (b) Upon receipt of a support order requiring income 116.19 withholding, a petitioner or respondent, who is not a recipient 116.20 of public assistance and does not receive child support services 116.21 from the public authority, must apply to the public authority 116.22 for either full child support collection services or for income 116.23 withholding only services. 116.24 (c) For those persons applying for income withholding only 116.25 services, a monthly service fee of $15 must be charged to the 116.26 obligor. This fee is in addition to the amount of the support 116.27 order and must be withheld through income withholding. The 116.28 public authority must explain the service options in this 116.29 section to the affected parties and encourage the application 116.30 for full child support collection services. 116.31 Subd. 4. [CONTRACT FOR SERVICE.] To carry out income 116.32 withholding, the public authority may contract for services, 116.33 including the use of electronic funds transfer. 116.34 Subd. 5. [ELECTRONIC TRANSMISSION.] Orders or notices for 116.35 income withholding may be transmitted for enforcement purposes 116.36 by electronic means. 117.1 Sec. 40. [517C.53] [WAIVER OF INCOME WITHHOLDING.] 117.2 (a) If child support is not assigned to the public 117.3 authority, the court may waive income withholding requirements 117.4 if it finds there are no arrears as of the date of the hearing 117.5 and: 117.6 (1) one party demonstrates and the court finds there is 117.7 good cause to waive the requirements of sections 517C.51 to 117.8 517C.62 or to terminate an order for or notice of income 117.9 withholding previously entered; or 117.10 (2) all parties reach an agreement and the agreement is 117.11 approved by the court after a finding that the agreement is 117.12 likely to result in regular and timely payments. The court's 117.13 findings waiving the requirements of this paragraph must include 117.14 a written explanation of the reasons why income withholding 117.15 would not be in the best interests of the child. 117.16 (b) In addition to the other requirements in this section, 117.17 if the case involves a modification of support, the court must 117.18 make a finding that support has been timely made. 117.19 (c) If the court waives income withholding, the obligee or 117.20 obligor may at any time request subsequent income withholding 117.21 under section 517C.59. 117.22 Sec. 41. [517C.54] [PAYOR OF FUNDS RESPONSIBILITIES.] 117.23 Subdivision 1. [ACTIVATION.] An order for or notice of 117.24 withholding is binding on a payor of funds upon receipt. 117.25 Withholding must begin no later than the first pay period that 117.26 occurs after 14 days following the date of receipt of the order 117.27 for or notice of withholding. In the case of a financial 117.28 institution, preauthorized transfers must occur in accordance 117.29 with a court-ordered payment schedule. 117.30 Subd. 2. [PROCEDURE.] A payor of funds must withhold from 117.31 the income payable to the obligor the amount specified in the 117.32 order or notice of withholding and amounts specified under 117.33 sections 517C.58 and 517C.63 and must remit the amounts withheld 117.34 to the public authority within seven business days of the date 117.35 the obligor is paid the remainder of the income. The payor of 117.36 funds must include with the remittance the social security 118.1 number of the obligor, the case type indicator as provided by 118.2 the public authority, and the date the obligor is paid the 118.3 remainder of the income. The obligor is considered to have paid 118.4 the amount withheld as of the date the obligor received the 118.5 remainder of the income. A payor of funds may combine all 118.6 amounts withheld from one pay period into one payment to each 118.7 public authority, but must separately identify each obligor 118.8 making payment. 118.9 Subd. 3. [RETALIATION PROHIBITED.] A payor of funds must 118.10 not discharge, or refuse to hire, or otherwise discipline an 118.11 employee as a result of wage or salary withholding authorized by 118.12 this chapter. 118.13 Subd. 4. [UPDATED ORDERS.] If more than one order for or 118.14 notice of withholding exists involving the same obligor and 118.15 child, the public authority must enforce the most recent order 118.16 or notice. An order for or notice of withholding that was 118.17 previously implemented according to this chapter ends as of the 118.18 date of the most recent order. The public authority must notify 118.19 the payor of funds to withhold under the most recent withholding 118.20 order or notice. 118.21 Subd. 5. [NOTIFICATION OF TERMINATION.] When an order for 118.22 or notice of withholding is in effect and the obligor's 118.23 employment is terminated, the obligor and the payor of funds 118.24 must notify the public authority of the termination within ten 118.25 days of the termination date. The termination notice must 118.26 include the obligor's home address and the name and address of 118.27 the obligor's new payor of funds, if known. 118.28 Subd. 6. [EXPENSES.] A payor of funds may deduct $1 from 118.29 the obligor's remaining salary for each payment made pursuant to 118.30 an order for or notice of withholding under this chapter to 118.31 cover the expenses of withholding. 118.32 Sec. 42. [517C.55] [LUMP-SUM PAYMENTS.] 118.33 Subdivision 1. [APPLICATION.] (a) This section applies to 118.34 lump-sum payments of $500 or more including, but not limited to, 118.35 severance pay, accumulated sick pay, vacation pay, bonuses, 118.36 commissions, or other pay or benefits. 119.1 (b) The Consumer Credit Protection Act, United States Code, 119.2 title 15, section 1673(b), does not apply to lump-sum payments. 119.3 Subd. 2. [PAYOR OF FUNDS RESPONSIBILITIES.] Before 119.4 transmitting a lump-sum payment to an obligor, a payor of funds 119.5 who has been served with an order for or notice of income 119.6 withholding under this chapter must: 119.7 (1) notify the public authority of the lump-sum payment 119.8 that is to be paid to the obligor; and 119.9 (2) hold the lump-sum payment for 30 days after the date 119.10 the lump-sum payment would otherwise have been paid to the 119.11 obligor, notwithstanding sections 176.221, 176.225, 176.521, 119.12 181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota 119.13 Rules, part 1415.2000, subpart 10. 119.14 Subd. 3. [PUBLIC AUTHORITY OPTIONS.] (a) The public 119.15 authority may direct the payor of funds to pay the lump-sum 119.16 payment, up to the amount of judgments or arrears, to the public 119.17 authority if: 119.18 (1) a judgment entered pursuant to section 548.091, 119.19 subdivision 1a, exists against the obligor, or other support 119.20 arrears exist; and 119.21 (2) a portion of the judgment or arrears remains unpaid. 119.22 (b) If no judgment or arrears exist, the public authority 119.23 may seek a court order directing the payor of funds to transmit 119.24 all or a portion of the lump-sum payment to the public authority 119.25 for future support. To obtain a court order under this 119.26 paragraph, the public authority must show a past willful 119.27 nonpayment of support by the obligor. 119.28 Sec. 43. [517C.56] [PAYOR OF FUNDS LIABILITY.] 119.29 Subdivision 1. [LIABILITY TO OBLIGEE.] A payor of funds is 119.30 liable to the obligee for amounts required to be withheld. A 119.31 payor of funds that fails to withhold or transfer funds in 119.32 accordance with this chapter is liable to the obligee for 119.33 interest on the funds at the rate applicable to judgments under 119.34 section 549.09, computed from the date the funds were required 119.35 to be withheld or transferred. A payor of funds is liable for 119.36 reasonable attorney fees of the obligee or public authority 120.1 incurred in enforcing the liability under this paragraph. A 120.2 payor of funds that has failed to comply with the requirements 120.3 of sections 517C.51 to 517C.62 is subject to contempt sanctions 120.4 under section 517C.57. If the payor of funds is an employer or 120.5 independent contractor and violates this subdivision, a court 120.6 may award the obligor twice the wages lost as a result of this 120.7 violation. If a court finds a payor of funds violated this 120.8 subdivision, the court must impose a civil fine of not less than 120.9 $500. 120.10 Subd. 2. [NONLIABILITY FOR COMPLIANCE.] A payor of funds 120.11 is not subject to civil liability to any individual or agency 120.12 for taking action in compliance with an income withholding order 120.13 or notice of withholding that appears regular on its face 120.14 according to this chapter or chapter 518C. 120.15 Sec. 44. [517C.57] [EMPLOYER CONTEMPT.] 120.16 Subdivision 1. [ORDERS BINDING.] Notices or orders for 120.17 income withholding or medical support issued pursuant to this 120.18 chapter are binding on the employer, trustee, or other payor of 120.19 funds after the order or notice has been transmitted to the 120.20 employer, trustee, or payor of funds. 120.21 Subd. 2. [CONTEMPT ACTION.] (a) An obligee or the public 120.22 authority may initiate a contempt action against an employer, 120.23 trustee, or payor of funds, within the action that created the 120.24 support obligation, by serving an order to show cause upon the 120.25 employer, trustee, or payor of funds. 120.26 (b) The employer, trustee, or payor of funds is presumed to 120.27 be in contempt: 120.28 (1) if the employer, trustee, or payor of funds has 120.29 intentionally failed to withhold support after receiving the 120.30 order or notice for income withholding or notice of enforcement 120.31 of medical support; or 120.32 (2) upon presentation of pay stubs or similar documentation 120.33 showing that the employer, trustee, or payor of funds withheld 120.34 support and demonstrating that the employer, trustee, or payor 120.35 of funds intentionally failed to remit support to the public 120.36 authority. 121.1 Subd. 3. [SANCTIONS.] The employer, trustee, or payor of 121.2 funds is liable to the obligee or the public authority for 121.3 amounts required to be withheld that were not paid. The court 121.4 may enter judgment against the employer, trustee, or payor of 121.5 funds for support not withheld or remitted. An employer, 121.6 trustee, or payor of funds found guilty of contempt must be 121.7 punished by a fine of not more than $250 as provided in chapter 121.8 588. The court may also impose other contempt sanctions 121.9 authorized under chapter 588. 121.10 Sec. 45. [517C.58] [PRIORITY OF INCOME WITHHOLDING ORDERS; 121.11 MAXIMUM WITHHOLDING.] 121.12 Subdivision 1. [PRIORITY.] (a) An order for or notice of 121.13 withholding under this chapter or execution or garnishment upon 121.14 a judgment for child support arrears or preadjudicated expenses 121.15 has priority over an attachment, execution, garnishment, or wage 121.16 assignment and is not subject to the statutory limitations on 121.17 amounts levied against the income of the obligor. Amounts 121.18 withheld from an employee's income must not exceed the maximum 121.19 permitted under the Consumer Credit Protection Act, United 121.20 States Code, title 15, section 1673(b). 121.21 Subd. 2. [MULTIPLE ORDERS.] If a single employee is 121.22 subject to multiple withholding orders or multiple notices of 121.23 withholding for the support of more than one child, the payor of 121.24 funds must comply with all of the orders or notices to the 121.25 extent that the total amount withheld from the obligor's income 121.26 does not exceed the limits imposed under the Consumer Credit 121.27 Protection Act, United States Code, title 15, section 1673(b), 121.28 giving priority to amounts designated in each order or notice as 121.29 current support as follows: 121.30 (1) if the total of the amounts designated in the orders 121.31 for or notices of withholding as current support exceeds the 121.32 amount available for income withholding, the payor of funds must 121.33 allocate to each order or notice an amount for current support 121.34 equal to the amount designated in that order or notice as 121.35 current support, divided by the total of the amounts designated 121.36 in the orders or notices as current support, multiplied by the 122.1 amount of the income available for income withholding; and 122.2 (2) if the total of the amounts designated in the orders 122.3 for or notices of withholding as current support does not exceed 122.4 the amount available for income withholding, the payor of funds 122.5 must pay the amounts designated as current support, and must 122.6 allocate to each order or notice an amount for past due support, 122.7 equal to the amount designated in that order or notice as past 122.8 due support, divided by the total of the amounts designated in 122.9 the orders or notices as past due support, multiplied by the 122.10 amount of income remaining available for income withholding 122.11 after the payment of current support. 122.12 Sec. 46. [517C.59] [SUBSEQUENT INCOME WITHHOLDING.] 122.13 Subdivision 1. [APPLICATION.] This section applies to 122.14 support orders that do not contain provisions for income 122.15 withholding. 122.16 Subd. 2. [WHEN THE PUBLIC AUTHORITY IS A PARTY.] If the 122.17 public authority is a party, income withholding under this 122.18 section takes effect without prior judicial notice to the 122.19 obligor and without the need for judicial or administrative 122.20 hearing. Withholding must be initiated when: 122.21 (1) the obligor requests it in writing to the public 122.22 authority; 122.23 (2) the obligee or obligor serves on the public authority a 122.24 copy of the notice of income withholding, a copy of the court's 122.25 order, an application, and the fee to use the public authority's 122.26 collection services; or 122.27 (3) the public authority commences withholding under 122.28 section 517C.43. 122.29 Subd. 3. [WHEN THE PUBLIC AUTHORITY IS NOT A PARTY.] If 122.30 the public authority is not a party, income withholding under 122.31 this section must be initiated when an obligee requests it by 122.32 making a written motion to the court and the court finds that 122.33 previous support has not been paid on a timely consistent basis 122.34 or that the obligor has threatened expressly or otherwise to 122.35 stop or reduce payments. 122.36 Subd. 4. [NOTICE.] Within two days after the public 123.1 authority commences withholding under this section, the public 123.2 authority must send to the obligor at the obligor's last known 123.3 address, notice that withholding has commenced. The notice must 123.4 include the information provided to the payor of funds in the 123.5 notice of withholding. 123.6 Subd. 5. [CONTEST.] (a) The obligor may contest 123.7 withholding under this section on the limited grounds that the 123.8 withholding or the amount withheld is improper due to mistake of 123.9 fact. An obligor who chooses to contest the withholding must do 123.10 so no later than 15 days after the employer commences 123.11 withholding, by doing all of the following: 123.12 (1) file a request for an expedited child support hearing 123.13 under section 484.702, and include in the request the alleged 123.14 mistake of fact; 123.15 (2) serve a copy of the request for contested hearing upon 123.16 the public authority and the obligee; and 123.17 (3) secure a date for the contested hearing no later than 123.18 45 days after receiving notice that withholding has commenced. 123.19 (b) The income withholding must remain in place while the 123.20 obligor contests the withholding. 123.21 (c) If the court finds a mistake in the amount of the 123.22 arrears to be withheld, the court must continue the income 123.23 withholding, but it must correct the amount of the arrears to be 123.24 withheld. 123.25 Sec. 47. [517C.60] [INCOME WITHHOLDING; ARREARS ORDER.] 123.26 (a) In addition to ordering income withholding for current 123.27 support the court may order the payor of funds to withhold 123.28 amounts to satisfy the obligor's previous arrears in support 123.29 order payments. Use of this remedy does not exclude the use of 123.30 other remedies to enforce judgments. The employer or payor of 123.31 funds must withhold from the obligor's income an additional 123.32 amount equal to 20 percent of the monthly child support 123.33 obligation until the arrears are paid. 123.34 (b) Notwithstanding any law to the contrary, funds from 123.35 income sources included in section 517C.12, subdivision 1, 123.36 whether periodic or lump-sum, are not exempt from attachment or 124.1 execution upon a judgment for child support arrears. 124.2 (c) Absent an order to the contrary, if arrears exist at 124.3 the time a support order would otherwise terminate, income 124.4 withholding continues in effect or may be implemented in an 124.5 amount equal to the support order plus an additional 20 percent 124.6 of the monthly child support obligation, until all arrears have 124.7 been paid in full. 124.8 Sec. 48. [517C.61] [INTERSTATE INCOME WITHHOLDING.] 124.9 (a) Upon receipt of an order for support entered in another 124.10 state and the specified documentation from an authorized agency, 124.11 the public authority must implement income withholding. A payor 124.12 of funds in this state must withhold income under court orders 124.13 for withholding issued by other states or territories. 124.14 (b) An employer receiving an income withholding notice from 124.15 another state must withhold and distribute the funds as directed 124.16 in the withholding notice and must apply the law of the 124.17 obligor's principal place of employment when determining: 124.18 (1) the employer's fee for processing an income withholding 124.19 notice; 124.20 (2) the maximum amount permitted to be withheld from the 124.21 obligor's income; and 124.22 (3) deadlines for implementing and forwarding the child 124.23 support payment. 124.24 (c) An obligor may contest withholding under this section 124.25 pursuant to section 518C.506. 124.26 Sec. 49. [517C.62] [ORDER TERMINATING INCOME WITHHOLDING.] 124.27 Subdivision 1. [GENERAL PROCEDURE.] (a) An order 124.28 terminating income withholding must specify the effective date 124.29 of the order and reference the initial order or decree that 124.30 establishes the support obligation. An order terminating income 124.31 withholding must be entered if: 124.32 (1) the obligor serves written notice of the application 124.33 for termination of income withholding by mail upon the obligee 124.34 at the obligee's last known mailing address, and a duplicate 124.35 copy of the application is served on the public authority; 124.36 (2) the application for termination of income withholding 125.1 specifies the event that terminates the support obligation, the 125.2 effective date of the termination of the support obligation, and 125.3 the applicable provisions of the order or decree that 125.4 established the support obligation; and 125.5 (3) the application includes the complete name of the 125.6 obligor's payor of funds, the business mailing address, the 125.7 court action and court file number, and the support and 125.8 collections file number, if known. 125.9 (b) The obligee or the public authority may request a 125.10 contested hearing on the issue of whether income withholding 125.11 should continue. The request must be made within 20 days of 125.12 receiving an application for termination of income withholding. 125.13 The request must clearly specify the basis for continuing income 125.14 withholding. The obligee or public authority may make an ex 125.15 parte motion to stay the service of an order terminating income 125.16 withholding upon the obligor's payor of funds pending the 125.17 outcome of the contested hearing. 125.18 Subd. 2. [TERMINATION BY THE PUBLIC AUTHORITY.] (a) If the 125.19 public authority determines that income withholding is no longer 125.20 applicable, the public authority must notify the obligee and the 125.21 obligor of intent to terminate income withholding. 125.22 (b) Five days after notification to the obligee and 125.23 obligor, the public authority must issue a notice to the payor 125.24 of funds terminating income withholding. A court order is not 125.25 required unless the obligee has requested an expedited child 125.26 support hearing under section 484.702. 125.27 Sec. 50. [517C.63] [CHILD SUPPORT DEPOSIT ACCOUNT; 125.28 FINANCIAL INSTITUTIONS.] 125.29 Subdivision 1. [APPLICATION.] If income withholding is 125.30 ineffective due to the obligor's method of obtaining income, the 125.31 court must order the obligor to identify a child support deposit 125.32 account owned solely by the obligor, or to establish an account, 125.33 in a financial institution located in this state for the purpose 125.34 of depositing court-ordered child support payments. The court 125.35 must order the obligor to execute an agreement with the 125.36 appropriate public authority for preauthorized transfers from 126.1 the obligor's child support account payable to an account of the 126.2 public authority. The court must order the obligor to disclose 126.3 to the court all deposit accounts owned by the obligor in whole 126.4 or in part in any financial institution. The court may order 126.5 the obligor to disclose to the court the opening or closing of 126.6 any deposit account owned in whole or in part by the obligor 126.7 within 30 days of the opening or closing. The court may order 126.8 the obligor to execute an agreement with the appropriate public 126.9 authority for preauthorized transfers from any deposit account 126.10 owned in whole or in part by the obligor to the obligor's child 126.11 support deposit account if necessary to satisfy court-ordered 126.12 child support payments. The court may order a financial 126.13 institution to disclose to the court the account number and any 126.14 other information regarding accounts owned in whole or in part 126.15 by the obligor. An obligor who fails to comply with this 126.16 subdivision, fails to deposit funds in at least one deposit 126.17 account sufficient to pay court-ordered child support, or stops 126.18 payment or revokes authorization of a preauthorized transfer is 126.19 subject to contempt of court procedures under chapter 588. 126.20 Subd. 2. [TRANSFERS.] A financial institution must execute 126.21 preauthorized transfers for the deposit accounts of the obligor 126.22 in the amount specified in the order and amounts required under 126.23 this section as directed by the public authority. A financial 126.24 institution is liable to the obligee if funds in any of the 126.25 obligor's deposit accounts identified in the court order equal 126.26 the amount stated in the preauthorization agreement but are not 126.27 transferred by the financial institution in accordance with the 126.28 agreement. 126.29 Sec. 51. [517C.64] [ESCROW ACCOUNT.] 126.30 Subdivision 1. [ESTABLISHMENT.] (a) When determining or 126.31 modifying a support order the court must not order income 126.32 withholding otherwise required under sections 517C.51 to 517C.62 126.33 if: 126.34 (1) the court finds there are no arrears as of the date of 126.35 the court hearing; 126.36 (2) the obligor establishes a savings account for a sum 127.1 equal to two months of the monthly child support obligation; and 127.2 (3) the obligor provides proof of the existence of the 127.3 account to the court and the public authority prior to the 127.4 issuance of the order. Proof of the establishment must include 127.5 the financial institution name and address, account number, and 127.6 the amount of deposit. 127.7 (b) An account established under paragraph (a) must: 127.8 (1) be at a financial institution; 127.9 (2) bear interest; and 127.10 (3) authorize the public authority as the sole drawer of 127.11 funds. 127.12 Subd. 2. [DEFAULT.] (a) If a child support payment is ten 127.13 days or more past due, the obligee may transmit a notice of 127.14 default to the public authority and apply for child support 127.15 collection services. The notice must be verified by the obligee 127.16 and must contain the title of the action, the court file number, 127.17 the full name and address of the obligee, the name and last 127.18 known address of the obligor, the obligor's last known employer 127.19 or other payor of funds, the date of the first unpaid amount, 127.20 the date of the last unpaid amount, and the total amount unpaid. 127.21 (b) Within three working days of receiving a notice of 127.22 default, the public authority must: 127.23 (1) withdraw the funds held at the financial institution 127.24 under this section; and 127.25 (2) send a copy of the notice of default and a notice of 127.26 intent to implement income withholding by mail to the obligor at 127.27 the obligor's last known address. 127.28 (c) The notice of intent to implement income withholding 127.29 must state that the support order will be served on the 127.30 obligor's employer or payor of funds unless within 15 days of 127.31 the date of the notice the obligor: 127.32 (1) requests a hearing on the issue of whether payment was 127.33 in default as of the date of the notice of default; and 127.34 (2) serves notice of the hearing request on the public 127.35 authority and the obligee. 127.36 Subd. 3. [DUTIES OF THE PUBLIC AUTHORITY.] (a) Within 128.1 three working days of withdrawing sums under subdivision 2, the 128.2 public authority must remit all amounts not assigned to the 128.3 public authority to the obligee as current support. 128.4 (b) The public authority must also serve a copy of the 128.5 court's order and the provisions of sections 517C.51 to 517C.62 128.6 and this section on the obligor's employer or other payor of 128.7 funds unless the obligor requests a hearing under subdivision 2, 128.8 paragraph (c). 128.9 (c) The public authority must inform the obligor's employer 128.10 or other payor of funds of the date the next support payment is 128.11 due. Income withholding must begin on that date and must 128.12 reflect the total credits of principal and interest amounts 128.13 received from the escrow account. 128.14 Subd. 4. [HEARING.] (a) If the obligor requests a hearing 128.15 under subdivision 2, paragraph (c), the court must hold a 128.16 hearing within 30 days of the date of the notice of default 128.17 under subdivision 2, paragraph (a). 128.18 (b) If the court finds that there was a default, the court 128.19 must order the immediate withholding of support from the 128.20 obligor's income. 128.21 (c) If the court finds that there was no default, the court 128.22 must order the reestablishment of the escrow account by either 128.23 the obligee or obligor and must not order income withholding. 128.24 Subd. 5. [TERMINATION OF ESCROW ACCOUNT.] (a) When the 128.25 support obligation ends under the terms of the order or decree 128.26 establishing the obligation and the sum held under this section 128.27 has not otherwise been released, the public authority must 128.28 release the sum and interest to the obligor if the obligor 128.29 transmits a notice of termination to the public authority. The 128.30 notice must be verified by the obligor and must indicate: 128.31 (1) the title of the action; 128.32 (2) the court file number; 128.33 (3) the full name and address of the obligee; 128.34 (4) the event that ends the support obligation; 128.35 (5) the effective date of the termination of support 128.36 obligation; and 129.1 (6) the applicable provisions of the order or decree that 129.2 established the support obligation. 129.3 (b) The public authority must send a copy of the notice of 129.4 termination to the obligee. 129.5 (c) The obligee or the public authority may request a 129.6 hearing on the issues of whether the support obligation 129.7 continues and whether the escrow account should continue. The 129.8 request must be made and served on the other parties within 20 129.9 days of receiving a notice of termination. 129.10 Sec. 52. [517C.65] [TRUSTEE.] 129.11 Subdivision 1. [APPOINTMENT.] Upon its own motion or upon 129.12 motion of either party, the court may appoint a trustee, when it 129.13 is deemed expedient, to receive money ordered to be paid as 129.14 child support for remittance to the person entitled to receive 129.15 the payments. The trustee may also receive property that is 129.16 part of an award for division of marital property. The trustee 129.17 must hold the property in trust to invest and pay over the 129.18 income in the manner the court directs, or to pay over the 129.19 principal sum in the proportions and at the times the court 129.20 orders. In all cases, the court must consider the situation and 129.21 circumstances of the recipient, and the children, if any. The 129.22 trust must give a bond, as the court requires, for the faithful 129.23 performance of the trust. If it appears that the recipient of 129.24 money ordered to be paid as support will receive public 129.25 assistance, the court must appoint the public authority as 129.26 trustee. 129.27 Subd. 2. [RECORDS.] The trustee must maintain records 129.28 listing the amount of payments, the date when payments are 129.29 required to be made, and the names and addresses of the parties 129.30 affected by the order. 129.31 Subd. 3. [COMMUNICATION.] The parties affected by the 129.32 order must inform the trustee of a change of address or of other 129.33 conditions that may affect the administration of the order. 129.34 Subd. 4. [LATE PAYMENT.] If a required support payment is 129.35 ten days or more overdue, the trustee must send the obligor 129.36 notice of the arrears by first class mail. If payment of the 130.1 sum due is not received by the trustee within ten days after 130.2 sending notice, the trustee must certify the amount due to the 130.3 public authority, whenever that authority is not the trustee. 130.4 If the public authority refers the arrears to the county 130.5 attorney, the county attorney may initiate enforcement 130.6 proceedings against the obligor for support. 130.7 Sec. 53. [517C.66] [OVERPAYMENTS.] 130.8 If child support is not assigned under section 256.741, and 130.9 an obligor has overpaid a child support obligation because of a 130.10 modification or error in the amount owed, the public authority 130.11 must: 130.12 (1) apply the amount of the overpayment to reduce the 130.13 amount of child support arrears or debts owed to the obligee; 130.14 and 130.15 (2) if an overpayment exists after the reduction of arrears 130.16 or debt, reduce the amount of the child support remitted to the 130.17 obligee by an amount no greater than 20 percent of the current 130.18 monthly support obligation and remit this amount to the obligor 130.19 until the overpayment is reduced to zero. 130.20 Sec. 54. [517C.67] [ALTERNATE NOTICE OF COURT ORDER.] 130.21 Whenever this chapter requires service of a court's order 130.22 on an employer, union, or payor of funds, service of a verified 130.23 notice of order may be made in lieu of the order. The verified 130.24 notice must contain the title of the action, the name of the 130.25 court, the court file number, the date of the court order, and 130.26 must recite the operative provisions of the order. 130.27 Sec. 55. [517C.70] [CHILD SUPPORT AND PARENTING TIME ARE 130.28 INDEPENDENT.] 130.29 (a) Failure by a party to make support payments is not a 130.30 defense to leave: 130.31 (1) interference with parenting time rights leave; or 130.32 (2) removing a child from this state without the permission 130.33 of the court or the noncustodial parent. 130.34 (b) Interference with parenting time rights or taking a 130.35 child from this state without permission of the court or the 130.36 noncustodial parent is not a defense to nonpayment of support. 131.1 (c) If a party fails to make support payments, interferes 131.2 with parenting time rights, or removes a child from this state 131.3 without permission of the court or the noncustodial parent, the 131.4 other party may petition the court for an appropriate order. 131.5 Sec. 56. [517C.705] [SIX-MONTH REVIEW.] 131.6 A decree or order that establishes support rights and 131.7 obligations must contain a review date six months after its 131.8 entry according to section 517A.25. 131.9 Sec. 57. [517C.71] [PAYMENT AGREEMENTS.] 131.10 Subdivision 1. [GENERAL REQUIREMENTS.] An obligor who has 131.11 child support arrears may enter into a payment agreement that 131.12 addresses payment of both current and overdue support. Payment 131.13 agreements must: 131.14 (1) be in writing; 131.15 (2) address both current support and arrears; and 131.16 (3) be approved by the court, a child support magistrate, 131.17 or the public authority. 131.18 Subd. 2. [CONSIDERATIONS.] In proposing or approving 131.19 proposed payment agreements for purposes of this chapter, the 131.20 court, a child support magistrate, or the public authority must 131.21 take into consideration the amount of the arrears, the amount of 131.22 the current support order, any pending request for modification, 131.23 and the earnings of the obligor. The court, child support 131.24 magistrate, or public authority must consider the individual 131.25 financial circumstances of each obligor in evaluating the 131.26 obligor's ability to pay a proposed payment agreement and must 131.27 propose a reasonable payment agreement tailored to the 131.28 individual financial circumstances of each obligor. 131.29 Sec. 58. [517C.72] [SEEK EMPLOYMENT ORDERS.] 131.30 Subdivision 1. [COURT ORDER.] (a) When the public 131.31 authority is enforcing a support order, the public authority may 131.32 seek a court order requiring an obligor to seek employment if: 131.33 (1) employment of the obligor cannot be verified; 131.34 (2) the obligor has child support arrears amounting to at 131.35 least three times the obligor's total monthly support payments; 131.36 and 132.1 (3) the obligor is not in compliance with a payment 132.2 agreement. 132.3 (b) Upon proper notice to the obligor, the court may enter 132.4 a seek employment order if it finds that the obligor has not 132.5 provided proof of gainful employment and has not consented to an 132.6 order for income withholding or entered into a payment agreement. 132.7 Subd. 2. [CONTENTS OF ORDER.] The order to seek employment 132.8 must: 132.9 (1) order that the obligor seek employment within a 132.10 determinate amount of time; 132.11 (2) order that the obligor file with the public authority a 132.12 weekly report of at least five new attempts to find employment 132.13 or of having found employment. The report must include the 132.14 names, addresses, and telephone numbers of the employers or 132.15 businesses with whom the obligor attempted to obtain employment 132.16 and the name of the individual contact at each employer or 132.17 business to whom the obligor made application for employment or 132.18 to whom an inquiry was directed; 132.19 (3) notify the obligor that failure to comply with the 132.20 order is evidence of a willful failure to pay support under 132.21 section 517C.74; 132.22 (4) order that the obligor provide the public authority 132.23 with verification of any reason for noncompliance with the 132.24 order; and 132.25 (5) specify the duration of the order, not to exceed three 132.26 months. 132.27 Sec. 59. [517C.73] [ORDER FOR COMMUNITY SERVICES.] 132.28 If the court finds that the obligor earns $400 or less per 132.29 month and does not have the ability to provide support based on 132.30 the guidelines and factors in this chapter, the court may order 132.31 the obligor to perform community services to fulfill the 132.32 obligor's support obligation. In ordering community services 132.33 under this section, the court must consider whether the obligor 132.34 has the physical capability to perform community services, and 132.35 must order community services that are appropriate for the 132.36 obligor's abilities. 133.1 Sec. 60. [517C.74] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 133.2 SUPPORT.] 133.3 Subdivision 1. [GROUNDS.] If a person against whom an 133.4 order or decree for support has been entered under this chapter, 133.5 chapter 256, or a comparable law from another jurisdiction, has 133.6 child support arrears amounting to at least three times the 133.7 obligor's total monthly support obligation and is not in 133.8 compliance with a payment agreement, the person may be cited and 133.9 punished by the court for contempt under chapter 588 or this 133.10 section. Failure to comply with a seek employment order entered 133.11 under section 517C.72 is evidence of willful failure to pay 133.12 support. 133.13 Subd. 2. [COURT OPTIONS.] (a) If a court cites a person 133.14 for contempt under this section, and the obligor lives in a 133.15 county that contracts with the commissioner of human services 133.16 under section 256.997, the court may order the performance of 133.17 community service work up to 32 hours per week for six weeks for 133.18 each finding of contempt if the obligor: 133.19 (1) is able to work full time; 133.20 (2) works an average of less than 32 hours per week; and 133.21 (3) has actual weekly gross income averaging less than 40 133.22 times the federal minimum hourly wage under United States Code, 133.23 title 29, section 206(a)(1), or is voluntarily earning less than 133.24 the obligor has the ability to earn, as determined by the court. 133.25 (b) An obligor is presumed to be able to work full time. 133.26 The obligor has the burden of proving inability to work full 133.27 time. 133.28 Subd. 3. [RELEASE.] A person ordered to do community 133.29 service work under subdivision 2 may, during the six-week 133.30 period, apply to the court, an administrative law judge, or the 133.31 public authority to be released from the community service work 133.32 requirement if the person: 133.33 (1) provides proof to the court, an administrative law 133.34 judge, or the public authority that the person is gainfully 133.35 employed and submits to an order for income withholding under 133.36 section 518.6111; 134.1 (2) enters into a payment agreement; or 134.2 (3) provides proof to the court, an administrative law 134.3 judge, or the public authority that, after entry of the order, 134.4 the person's circumstances have so changed that the person is no 134.5 longer able to fulfill the terms of the community service order. 134.6 Subd. 4. [CONTINUING OBLIGATIONS.] The performance of 134.7 community service work does not relieve an obligor of a current 134.8 support obligation or arrears. 134.9 Sec. 61. [517C.745] [SECURITY; SEQUESTRATION; CONTEMPT.] 134.10 (a) In all cases when maintenance or support payments are 134.11 ordered, the court may require sufficient security to be given 134.12 for the payment of them according to the terms of the order. 134.13 Upon neglect or refusal to give security, or upon failure to pay 134.14 the maintenance or support, the court may sequester the 134.15 obligor's personal estate and the rents and profits of real 134.16 estate of the obligor, and appoint a receiver of them. The 134.17 court may cause the personal estate and the rents and profits of 134.18 the real estate to be applied according to the terms of the 134.19 order. 134.20 (b) The obligor is presumed to have an income from a source 134.21 sufficient to pay the maintenance or support order. A child 134.22 support or maintenance order constitutes prima facie evidence 134.23 that the obligor has the ability to pay the award. If the 134.24 obligor disobeys the order, it is prima facie evidence of 134.25 contempt. The court may cite the obligor for contempt under 134.26 this section, section 517C.74, or chapter 588. 134.27 Sec. 62. [517C.75] [DRIVER'S LICENSE SUSPENSION.] 134.28 Subdivision 1. [FACTORS WARRANTING SUSPENSION.] An 134.29 obligor's driver's license must be suspended if: 134.30 (1) the obligor has child support arrears amounting to at 134.31 least three times the obligor's total monthly support obligation 134.32 and the obligor is not in compliance with a payment agreement; 134.33 or 134.34 (2) the obligor has failed, after receiving notice, to 134.35 comply with a subpoena relating to a paternity or child support 134.36 proceeding. 135.1 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 135.2 of a party, the court must order the commissioner of public 135.3 safety to suspend an obligor's driver's license if the court 135.4 finds that a factor in subdivision 1 exists. 135.5 (b) The motion must be properly served and there must be an 135.6 opportunity for a hearing pursuant to court rules. If a hearing 135.7 is requested, the obligor must be served written notice of the 135.8 time and date of the hearing at least 14 days prior to the 135.9 hearing. The notice must specify the allegations against the 135.10 obligor. The notice may be served personally or by mail. 135.11 (c) The court's order must be stayed for 90 days in order 135.12 to allow the obligor to enter into a payment agreement. If the 135.13 obligor has not entered into or is not in compliance with a 135.14 payment agreement after the 90 days expire, the court's order 135.15 becomes effective and the commissioner of public safety must 135.16 suspend the obligor's driver's license. 135.17 (d) An obligee may not make a motion under this section 135.18 within 12 months of a denial of a previous motion under this 135.19 section. 135.20 (e) At a hearing regarding the obligor's failure to comply 135.21 with a subpoena, the only issues to be considered are mistake of 135.22 fact and whether the obligor received the subpoena. 135.23 Subd. 3. [SUSPENSION INITIATED BY THE PUBLIC 135.24 AUTHORITY.] (a) The public authority must direct the 135.25 commissioner of public safety to suspend an obligor's driver's 135.26 license if the public authority determines that a factor in 135.27 subdivision 1 exists. 135.28 (b) At least 90 days before directing the suspension of a 135.29 driver's license the public authority must attempt to notify the 135.30 obligor that it intends to seek suspension and that the obligor 135.31 must request a hearing within 30 days in order to contest the 135.32 suspension. The notice must be in writing and mailed to the 135.33 obligor at the obligor's last known address. 135.34 (c) If the obligor makes a written request for a hearing 135.35 within 30 days, a court hearing must be held. The public 135.36 authority must then make a motion to the court and schedule a 136.1 hearing. The matter must then proceed under subdivision 2. 136.2 (d) If the public authority does not receive a request for 136.3 a hearing within 30 days and the obligor does not enter into a 136.4 payment agreement within 90 days of the date of the notice, the 136.5 public authority must direct the commissioner of public safety 136.6 to suspend the obligor's driver's license. 136.7 Subd. 4. [FAILURE TO REMAIN IN COMPLIANCE WITH A PAYMENT 136.8 AGREEMENT.] The license of an obligor who fails to remain in 136.9 compliance with a payment agreement may be suspended. Notice to 136.10 the obligor of intent to suspend under this subdivision must be 136.11 served by first class mail at the obligor's last known address 136.12 and must include a notice of hearing. The notice must be served 136.13 upon the obligor not less than ten days before the date of the 136.14 hearing. If the obligor appears at the hearing and the judge 136.15 determines that the obligor has failed to comply with a payment 136.16 agreement, the judge must notify the department of public safety 136.17 to suspend the obligor's license. If the obligor fails to 136.18 appear at the hearing, the public authority may notify the 136.19 department of public safety to suspend the obligor's license. 136.20 Subd. 5. [REINSTATEMENT.] An obligor whose driver's 136.21 license or operating privileges are suspended may provide proof 136.22 to the public authority that the obligor is in compliance with 136.23 all payment agreements. Within 15 days of the receipt of that 136.24 proof, the public authority must inform the commissioner of 136.25 public safety that the obligor's driver's license or operating 136.26 privileges should no longer be suspended. 136.27 Subd. 6. [REPORT TO THE LEGISLATURE.] On January 15, 2003, 136.28 and every two years after that, the commissioner of human 136.29 services must submit a report to the legislature that identifies 136.30 the following information relevant to the implementation of this 136.31 section: 136.32 (1) the number of child support obligors notified of an 136.33 intent to suspend a driver's license; 136.34 (2) the amount collected in payments from the child support 136.35 obligors notified of an intent to suspend a driver's license; 136.36 (3) the number of cases paid in full and payment agreements 137.1 executed in response to notification of an intent to suspend a 137.2 driver's license; 137.3 (4) the number of cases in which there has been 137.4 notification and no payments or payment agreements; 137.5 (5) the number of driver's licenses suspended; and 137.6 (6) the cost of implementation and operation of the 137.7 requirements of this section. 137.8 Sec. 63. [517C.76] [OCCUPATIONAL LICENSE SUSPENSION.] 137.9 Subdivision 1. [FACTORS WARRANTING SUSPENSION.] An 137.10 obligor's occupational license must be suspended if: 137.11 (1) the obligor has child support arrears amounting to at 137.12 least three times the obligor's total monthly support obligation 137.13 and the obligor is not in compliance with a payment agreement; 137.14 or 137.15 (2) the obligor has failed, after receiving notice, to 137.16 comply with a subpoena relating to a paternity or child support 137.17 proceeding. 137.18 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 137.19 of a party, the court must order a licensing board or agency to 137.20 suspend an obligor's license under section 214.101 if the court 137.21 finds that a factor in subdivision 1 exists. 137.22 (b) The motion must be properly served and there must be an 137.23 opportunity for a hearing pursuant to court rules. If a hearing 137.24 is requested, the obligor must be served written notice of the 137.25 time and date of the hearing at least 14 days prior to the 137.26 hearing. The notice must specify the allegations against the 137.27 obligor. The notice may be served personally or by mail. 137.28 (c) The court's order must be stayed for 90 days in order 137.29 to allow the obligor to enter into a payment agreement. If the 137.30 obligor has not entered into or is not in compliance with a 137.31 payment agreement after the 90 days expire, the court's order 137.32 becomes effective. 137.33 (d) At a hearing regarding the obligor's failure to comply 137.34 with a subpoena, the only issues to be considered are mistake of 137.35 fact and whether the obligor received the subpoena. 137.36 (e) If the obligor is a licensed attorney, the court must 138.1 report the matter to the lawyer's professional responsibility 138.2 board for appropriate action in accordance with the Rules of 138.3 Professional Conduct. 138.4 Subd. 3. [SUSPENSION INITIATED BY THE PUBLIC 138.5 AUTHORITY.] (a) The public authority must direct a licensing 138.6 board or agency to suspend an obligor's license under section 138.7 214.101 if the public authority determines that the factors in 138.8 subdivision 1 exist. 138.9 (b) At least 90 days before directing the suspension of an 138.10 occupational license, the public authority must attempt to 138.11 notify the obligor that it intends to seek suspension and that 138.12 the obligor must request a hearing within 30 days in order to 138.13 contest the suspension. The notice must be in writing and 138.14 mailed to the obligor at the obligor's last known address. 138.15 (c) If the obligor makes a written request for a hearing 138.16 within 30 days a court hearing must be held. The public 138.17 authority must then make a motion to the court and schedule a 138.18 hearing. The matter must then proceed under subdivision 2. 138.19 (d) If the public authority does not receive a request for 138.20 a hearing within 30 days and the obligor does not execute a 138.21 payment agreement within 90 days of the date of the notice, the 138.22 public authority must direct the licensing board or agency to 138.23 suspend the obligor's license. 138.24 (e) If the obligor is a licensed attorney, the public 138.25 authority may report the matter to the lawyer's professional 138.26 responsibility board for appropriate action in accordance with 138.27 the Rules of Professional Conduct. 138.28 Subd. 4. [FAILURE TO REMAIN IN COMPLIANCE WITH AN APPROVED 138.29 PAYMENT AGREEMENT.] The license of an obligor who fails to 138.30 remain in compliance with a payment agreement may be suspended. 138.31 Notice to the obligor of an intent to suspend under this 138.32 subdivision must be served by first class mail at the obligor's 138.33 last known address and must include a notice of hearing. The 138.34 notice must be served upon the obligor not less than ten days 138.35 before the date of the hearing. If the obligor appears at the 138.36 hearing and the judge determines that the obligor has failed to 139.1 comply with a payment agreement, the judge must notify the 139.2 licensing board or agency to suspend the obligor's license. If 139.3 the obligor fails to appear at the hearing, the public authority 139.4 may notify the licensing board or agency to suspend the 139.5 obligor's license. 139.6 Subd. 5. [REINSTATEMENT.] An obligor whose occupational 139.7 license is suspended may provide proof to the public authority 139.8 that the obligor is in compliance with all payment agreements. 139.9 Within 15 days of the receipt of that proof, the public 139.10 authority must inform the licensing board or agency or the 139.11 lawyer's professional responsibility board that the obligor is 139.12 no longer ineligible for license issuance, reinstatement, or 139.13 renewal under this section. 139.14 Sec. 64. [517C.77] [DATA ON SUSPENSIONS FOR SUPPORT 139.15 ARREARS.] 139.16 Notwithstanding section 13.03, subdivision 4, paragraph 139.17 (c), data on an occupational license suspension under section 139.18 517C.76 or a driver's license suspension under section 517C.75, 139.19 that are transferred by the department of human services to 139.20 respectively the department of public safety or a state, county, 139.21 or municipal occupational licensing agency must have the same 139.22 classification at the department of public safety or other 139.23 receiving agency under section 13.02, as other license 139.24 suspension data held by the receiving agency. The transfer of 139.25 the data does not affect the classification of the data in the 139.26 hands of the department of human services. 139.27 Sec. 65. [517C.78] [RECREATIONAL LICENSE SUSPENSION.] 139.28 Subdivision 1. [MOTION; FACTORS.] (a) A party may make a 139.29 motion to suspend the recreational license or licenses of an 139.30 obligor. The motion must be served on the obligor in person or 139.31 by first class mail at the obligor's last known address. There 139.32 must be an opportunity for a hearing. The court may direct the 139.33 commissioner of natural resources to suspend or bar receipt of 139.34 the obligor's recreational license or licenses if it finds that: 139.35 (1) the obligor has child support arrears amounting to at 139.36 least six times the obligor's total monthly support payments and 140.1 the obligor is not in compliance with a payment agreement; or 140.2 (2) the obligor has failed, after receiving notice, to 140.3 comply with a subpoena relating to a paternity or child support 140.4 proceeding. 140.5 (b) Prior to utilizing this section, the court must find 140.6 that other substantial enforcement mechanisms have been 140.7 attempted but have not resulted in compliance. 140.8 Subd. 2. [AFFECTED LICENSES.] For purposes of this 140.9 section, a recreational license includes all licenses, permits, 140.10 and stamps issued centrally by the commissioner of natural 140.11 resources under sections 97B.301, 97B.401, 97B.501, 97B.515, 140.12 97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305. 140.13 Subd. 3. [REINSTATEMENT.] An obligor whose recreational 140.14 license has been suspended or barred may provide proof to the 140.15 court that the obligor is in compliance with all payment 140.16 agreements. Within 15 days of receipt of that proof, the court 140.17 must notify the commissioner of natural resources that the 140.18 obligor's recreational license or licenses must no longer be 140.19 suspended nor may receipt be barred. 140.20 Sec. 66. [517C.79] [MOTOR VEHICLE LIEN.] 140.21 Subdivision 1. [FACTORS WARRANTING LIEN.] A lien must be 140.22 entered on any motor vehicle certificate of title subsequently 140.23 issued in the name of an obligor if the obligor has child 140.24 support arrears amounting to at least three times the obligor's 140.25 total monthly support obligation and the obligor is not in 140.26 compliance with a payment agreement. 140.27 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 140.28 of a party, if the court finds that the factors in subdivision 1 140.29 exist, the court must order the commissioner of public safety to 140.30 enter a lien in the name of the obligee or in the name of the 140.31 state of Minnesota, as appropriate, under section 168A.05, 140.32 subdivision 8, on any motor vehicle certificate of title 140.33 subsequently issued in the name of the obligor. 140.34 (b) The motion must be properly served and there must be an 140.35 opportunity for a hearing pursuant to court rules. If a hearing 140.36 is requested, the obligor must be served written notice of the 141.1 time and date of the hearing at least 14 days prior to the 141.2 hearing. The notice must specify the allegations against the 141.3 obligor. The notice may be served personally or by mail. 141.4 (c) The court's order must be stayed for 90 days in order 141.5 to allow the obligor to enter into a payment agreement. If the 141.6 obligor has not entered into or is not in compliance with a 141.7 payment agreement after the 90 days expires, the court's order 141.8 becomes effective and the commissioner of public safety must 141.9 record the lien on any motor vehicle certificate of title 141.10 subsequently issued in the name of the obligor. 141.11 Subd. 3. [LIEN INITIATED BY THE PUBLIC AUTHORITY.] (a) If 141.12 the public authority determines that the factors in subdivision 141.13 1 exist, the public authority must direct the commissioner of 141.14 public safety to enter a lien in the name of the obligee or in 141.15 the name of the state of Minnesota, as appropriate, under 141.16 section 168A.05, subdivision 8, on any motor vehicle certificate 141.17 of title subsequently issued in the name of the obligor. 141.18 (b) At least 90 days before directing the entry of a lien 141.19 under this section the public authority must attempt to notify 141.20 the obligor that it intends to record a lien and that the 141.21 obligor must request a hearing within 30 days in order to 141.22 contest the action. The notice must be in writing and mailed to 141.23 the obligor at the obligor's last known address. 141.24 (c) If the obligor makes a written request for a hearing 141.25 within 30 days a court hearing must be held. The public 141.26 authority must then make a motion to the court and schedule a 141.27 hearing. The matter must then proceed under subdivision 2. 141.28 (d) If the public authority does not receive a request for 141.29 a hearing within 30 days and the obligor does not enter into a 141.30 payment agreement within 90 days of the date of the notice, the 141.31 public authority must direct the commissioner of public safety 141.32 to record the lien. 141.33 Subd. 4. [RELEASE.] An obligor may provide proof to the 141.34 court or the public authority that the obligor is in compliance 141.35 with all payment agreements or that the value of the motor 141.36 vehicle is less than the exemption provided under section 142.1 550.37. Within 15 days of the receipt of that proof, the court 142.2 or public authority must either: 142.3 (1) execute a release of security interest under section 142.4 168A.20, subdivision 4, and mail or deliver the release to the 142.5 owner or other authorized person; or 142.6 (2) in instances where a lien has not yet been entered, 142.7 direct the commissioner of public safety not to enter a lien on 142.8 any motor vehicle certificate of title subsequently issued in 142.9 the name of the obligor. 142.10 Subd. 5. [NONEXEMPT VALUE.] A lien recorded against a 142.11 motor vehicle certificate of title under this section and 142.12 section 168A.05, subdivision 8, attaches only to the nonexempt 142.13 value of the motor vehicle as determined in accordance with 142.14 section 550.37. The value of a motor vehicle must be determined 142.15 in accordance with the retail value described in the National 142.16 Auto Dealers Association Official Used Car Guide, Midwest 142.17 Edition, for the current year, or in accordance with the 142.18 purchase price as defined in section 297B.01, subdivision 8. 142.19 Sec. 67. [517C.80] [PUBLICATION OF NAMES OF DELINQUENT 142.20 CHILD SUPPORT OBLIGORS.] 142.21 Subdivision 1. [MAKING NAMES PUBLIC.] At least once each 142.22 year, the commissioner of human services, in consultation with 142.23 the attorney general, must publish a list of the names and other 142.24 identifying information of no more than 25 persons who: 142.25 (1) are child support obligors; 142.26 (2) are at least $10,000 in arrears; 142.27 (3) are not in compliance with a payment agreement 142.28 regarding both current support and arrears approved by the 142.29 court, a child support magistrate, or the public authority; 142.30 (4) cannot currently be located by the public authority for 142.31 the purposes of enforcing a support order; and 142.32 (5) have not made a support payment except tax intercept 142.33 payments, in the preceding 12 months. 142.34 Subd. 2. [IDENTIFYING INFORMATION.] Identifying 142.35 information may include the obligor's name, last known address, 142.36 amount owed, date of birth, photograph, the number of children 143.1 for whom support is owed, and any additional information about 143.2 the obligor that would assist in identifying or locating the 143.3 obligor. The commissioner and attorney general may use posters, 143.4 media presentations, electronic technology, and other means that 143.5 the commissioner and attorney general determine are appropriate 143.6 for dissemination of the information, including publication on 143.7 the Internet. The commissioner and attorney general may make 143.8 any or all of the identifying information regarding these 143.9 persons public. Information regarding an obligor who meets the 143.10 criteria in this section will only be made public subsequent to 143.11 that person's selection by the commissioner and attorney general. 143.12 Subd. 3. [NOTICE.] (a) Before making public the name of 143.13 the obligor, the department of human services must send a notice 143.14 to the obligor's last known address stating the department's 143.15 intention to make public information on the obligor. The notice 143.16 must also provide an opportunity to have the obligor's name 143.17 removed from the list by paying the arrears or by entering into 143.18 an agreement to pay the arrears, or by providing information to 143.19 the public authority that there is good cause not to make the 143.20 information public. The notice must include the final date when 143.21 the payment or agreement can be accepted. 143.22 (b) The department of human services must obtain the 143.23 written consent of the obligee to make the name of the obligor 143.24 public. 143.25 Subd. 4. [NAMES PUBLISHED IN ERROR.] If the commissioner 143.26 makes a name public under subdivision 1 in error, the 143.27 commissioner must also offer to publish a printed retraction and 143.28 a public apology acknowledging that the name was made public in 143.29 error. If the person whose name was made public in error elects 143.30 the public retraction and apology, the retraction and apology 143.31 must appear in the same medium and the same format as the 143.32 original notice where the name was listed in error. In addition 143.33 to the right of a public retraction and apology, a person whose 143.34 name was made public in error has a civil action for damages 143.35 caused by the error. 143.36 Sec. 68. [517C.81] [COLLECTION; ARREARS.] 144.1 Subdivision 1. [COLLECTION OF ARREARS TO CONTINUE AFTER 144.2 CHILD IS EMANCIPATED.] Remedies available for the collection and 144.3 enforcement of support in this chapter and chapters 256, 257, 144.4 and 518C also apply to cases in which a child for whom support 144.5 is owed is emancipated and the obligor owes past support or has 144.6 accumulated arrears. Child support arrears under this section 144.7 include arrears for child support, medical support, child care, 144.8 pregnancy and birth expenses, and unreimbursed medical expenses 144.9 as defined in section 517C.15. 144.10 Subd. 2. [RETROACTIVE APPLICATION.] This section applies 144.11 retroactively to support arrears that accrued on or before the 144.12 date of enactment and to all arrears accruing after the date of 144.13 enactment. 144.14 Subd. 3. [LIMITATIONS.] Past support or pregnancy and 144.15 confinement expenses ordered for which the obligor has specific 144.16 court ordered terms for repayment may not be enforced using 144.17 drivers' and occupational or professional license suspension, 144.18 credit bureau reporting, and additional income withholding under 144.19 section 517C.60, unless the obligor fails to comply with the 144.20 terms of the court order for repayment. 144.21 Sec. 69. [517C.82] [CASE REVIEWER.] 144.22 The commissioner must make a case reviewer available to 144.23 obligors and obligees. The reviewer must be available to answer 144.24 questions concerning the collection process and to review the 144.25 collection activity taken. A reviewer who reasonably believes 144.26 that a particular action being taken is unreasonable or unfair 144.27 may make recommendations to the commissioner and the applicable 144.28 county in regard to the collection action. 144.29 Sec. 70. [517C.83] [ATTORNEY FEES; COLLECTION COSTS.] 144.30 Subdivision 1. [GENERAL.] (a) A child support obligee is 144.31 entitled to recover from the obligor reasonable attorney fees 144.32 and other collection costs incurred to enforce a child support 144.33 judgment, as provided in this section. 144.34 (b) In order to recover collection costs under this 144.35 section, the arrears must be at least $500 and must be at least 144.36 90 days past due. In addition, the arrears must be a docketed 145.1 judgment under sections 548.09 and 548.091. 145.2 (c) If the obligor pays in full the judgment rendered under 145.3 section 548.091 within 20 days of receipt of notice of entry of 145.4 judgment, the obligee is not entitled to recover attorney fees 145.5 or collection costs under this section. 145.6 Subd. 2. [ENFORCEMENT.] Attorney fees and collection costs 145.7 obtained under this section are considered child support and 145.8 entitled to the applicable remedies for collection and 145.9 enforcement of child support. 145.10 Subd. 3. [NOTICE TO PUBLIC AUTHORITY.] If the public 145.11 authority is a party to a case, an obligee must provide written 145.12 notice to the public authority within five days of: 145.13 (1) contracting with an attorney or collection entity to 145.14 enforce a child support judgment; or 145.15 (2) receipting payments received on a child support 145.16 judgment. 145.17 Subd. 4. [NOTICE TO OBLIGOR; HEARING.] (a) The obligee 145.18 must serve notice of the obligee's intent to recover attorney 145.19 fees and collections costs by certified or registered mail on 145.20 the obligor at the obligor's last known address. The notice 145.21 must include an itemization of the attorney fees and collection 145.22 costs being sought by the obligee. It must inform the obligor 145.23 that the fees and costs will become an additional judgment for 145.24 child support unless, within 20 days of mailing of the notice, 145.25 the obligor requests a hearing: 145.26 (1) on the reasonableness of the fees and costs; or 145.27 (2) to contest the child support judgment on grounds 145.28 limited to mistake of fact. 145.29 (b) If the obligor requests a hearing, the only issues to 145.30 be determined by the court are: 145.31 (1) whether the attorney fees or collection costs were 145.32 reasonably incurred by the obligee for the enforcement of a 145.33 child support judgment against the obligor; or 145.34 (2) the validity of the child support judgment on grounds 145.35 limited to mistake of fact. 145.36 (c) The fees and costs may not exceed 30 percent of the 146.1 arrears. The court may modify the amount of attorney fees and 146.2 costs as appropriate and must enter judgment accordingly. 146.3 (d) If the obligor fails to request a hearing within 20 146.4 days of mailing of the notice under paragraph (a), the amount of 146.5 the attorney fees or collection costs requested by the obligee 146.6 in the notice automatically becomes an additional judgment for 146.7 child support. 146.8 Subd. 5. [FORMS.] The commissioner of human services must 146.9 prepare and make available to the court and the parties forms 146.10 for use in providing for notice and requesting a hearing under 146.11 this section. 146.12 Sec. 71. [517C.99] [REQUIRED NOTICES.] 146.13 Subdivision 1. [REQUIREMENT.] Every court order or 146.14 judgment and decree that provides for child support, spousal 146.15 maintenance, custody, or parenting time must contain certain 146.16 notices as set out in subdivision 3. The information in the 146.17 notices must be concisely stated in plain language. The notices 146.18 must be in clearly legible print, but may not exceed two pages. 146.19 An order or judgment and decree without the notice remains 146.20 subject to all statutes. The court may waive all or part of the 146.21 notice required under subdivision 3 relating to change of 146.22 address notification and similar information if it finds it is 146.23 necessary to protect the welfare of a party or child. 146.24 Subd. 2. [COPIES OF LAWS AND FORMS.] The district court 146.25 administrator must make copies of the sections referred to in 146.26 subdivision 3 available at no charge and must provide forms to 146.27 request or contest attorney fees, collection costs, and 146.28 cost-of-living increases. 146.29 Subd. 3. [CONTENTS.] The required notices must be 146.30 substantially as follows: 146.31 IMPORTANT NOTICE 146.32 1. PAYMENTS TO PUBLIC AUTHORITY 146.33 According to Minnesota Statutes, section 517C.35, payments 146.34 ordered for maintenance and support must be paid to the public 146.35 authority as long as the person entitled to receive the payments 146.36 is receiving or has applied for public assistance or has applied 147.1 for support and maintenance collection services. MAIL PAYMENTS 147.2 TO: 147.3 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 147.4 FELONY 147.5 A person may be charged with a felony who conceals a minor 147.6 child or takes, obtains, retains, or fails to return a minor 147.7 child from or to the child's parent (or person with custodial or 147.8 visitation rights), according to Minnesota Statutes, section 147.9 609.26. A copy of that section is available from any district 147.10 court clerk. 147.11 3. RULES OF SUPPORT, MAINTENANCE, VISITATION 147.12 (a) Payment of support or spousal maintenance is to be as 147.13 ordered, and the giving of gifts or making purchases of food, 147.14 clothing, and the like will not fulfill the obligation. 147.15 (b) Payment of support must be made as it becomes due, and 147.16 failure to secure or denial of rights of visitation is NOT an 147.17 excuse for nonpayment, but the aggrieved party must seek relief 147.18 through a proper motion filed with the court. 147.19 (c) Nonpayment of support is not grounds to deny 147.20 visitation. The party entitled to receive support may apply for 147.21 support and collection services, file a contempt motion, or 147.22 obtain a judgment as provided in Minnesota Statutes, section 147.23 548.091. 147.24 (d) The payment of support or spousal maintenance takes 147.25 priority over payment of debts and other obligations. 147.26 (e) A party who accepts additional obligations of support 147.27 does so with the full knowledge of the party's prior obligation 147.28 under this proceeding. 147.29 (f) Child support or maintenance is based on annual income, 147.30 and it is the responsibility of a person with seasonal 147.31 employment to budget income so that payments are made throughout 147.32 the year as ordered. 147.33 (g) If there is a layoff or a pay reduction, support may be 147.34 reduced as of the time of the layoff or pay reduction if a 147.35 motion to reduce the support is served and filed with the court 147.36 at that time, but any such reduction must be ordered by the 148.1 court. The court is not permitted to reduce support 148.2 retroactively, except as provided in Minnesota Statutes, section 148.3 517C.29. 148.4 (h) Reasonable visitation guidelines are contained in 148.5 Appendix B, which is available from the court administrator. 148.6 4. PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 148.7 Unless otherwise provided by the court: 148.8 (a) Each party has the right of access to and the right to 148.9 receive copies of school, medical, dental, religious training, 148.10 and other important records and information about the minor 148.11 children. Each party has the right of access to information 148.12 regarding health or dental insurance available to the minor 148.13 children. Presentation of a copy of this order to the custodian 148.14 of a record or other information about the minor children 148.15 constitutes sufficient authorization for the release of the 148.16 record or information to the requesting party. 148.17 (b) Each party must keep the other informed as to the name 148.18 and address of the school of attendance of the minor children. 148.19 Each party has the right to be informed by school officials 148.20 about the children's welfare, educational progress and status, 148.21 and to attend school and parent teacher conferences. The school 148.22 is not required to hold a separate conference for each party. 148.23 (c) In case of an accident or serious illness of a minor 148.24 child, each party must notify the other party of the accident or 148.25 illness, and the name of the health care provider and the place 148.26 of treatment. 148.27 (d) Each party has the right of reasonable access and 148.28 telephone contact with the minor children. 148.29 5. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 148.30 Child support and/or spousal maintenance may be withheld 148.31 from income, with or without notice to the person obligated to 148.32 pay, when the conditions of Minnesota Statutes, sections 517C.51 148.33 to 517C.62, have been met. A copy of those sections is 148.34 available from any district court clerk. 148.35 6. CHANGE OF ADDRESS OR RESIDENCE 148.36 Unless otherwise ordered, each party must notify the other 149.1 party, the court, and the public authority, if applicable, of 149.2 the following information within ten days of any change: the 149.3 residential and mailing address, telephone number, driver's 149.4 license number, social security number, and name, address, and 149.5 telephone number of the employer. 149.6 7. COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 149.7 Child support and/or spousal maintenance may be adjusted 149.8 every two years based upon a change in the cost-of-living (using 149.9 Department of Labor Consumer Price Index .........., unless 149.10 otherwise specified in this order) when the conditions of 149.11 Minnesota Statutes, section 517C.31, are met. Cost-of-living 149.12 increases are compounded. A copy of Minnesota Statutes, section 149.13 517C.31, and forms necessary to request or contest a 149.14 cost-of-living increase are available from any district court 149.15 clerk. 149.16 8. JUDGMENTS FOR UNPAID SUPPORT 149.17 If a person fails to make a child support payment, the 149.18 payment owed becomes a judgment against the person responsible 149.19 to make the payment by operation of law on or after the date the 149.20 payment is due, and the person entitled to receive the payment 149.21 or the public authority may obtain entry and docketing of the 149.22 judgment WITHOUT NOTICE to the person responsible to make the 149.23 payment under Minnesota Statutes, section 548.091. Interest 149.24 begins to accrue on a payment or installment of child support 149.25 whenever the unpaid amount due is greater than the current 149.26 support due, according to Minnesota Statutes, section 548.091, 149.27 subdivision 1a. 149.28 9. JUDGMENTS FOR UNPAID MAINTENANCE 149.29 A judgment for unpaid spousal maintenance may be entered 149.30 when the conditions of Minnesota Statutes, section 548.091, are 149.31 met. A copy of that section is available from any district 149.32 court clerk. 149.33 10. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 149.34 SUPPORT 149.35 A judgment for attorney fees and other collection costs 149.36 incurred in enforcing a child support order will be entered 150.1 against the person responsible to pay support when the 150.2 conditions of section 517C.07, are met. A copy of section 150.3 517C.07 and forms necessary to request or contest these attorney 150.4 fees and collection costs are available from any district court 150.5 clerk. 150.6 11. VISITATION EXPEDITOR PROCESS 150.7 On request of either party or on its own motion, the court 150.8 may appoint a visitation expeditor to resolve visitation 150.9 disputes under Minnesota Statutes, section 518.1751. A copy of 150.10 that section and a description of the expeditor process is 150.11 available from any district court clerk. 150.12 12. VISITATION REMEDIES AND PENALTIES 150.13 Remedies and penalties for the wrongful denial of 150.14 visitation rights are available under Minnesota Statutes, 150.15 section 518.175, subdivision 6. These include compensatory 150.16 visitation, civil penalties, bond requirements, contempt, and 150.17 reversal of custody. A copy of that subdivision and forms for 150.18 requesting relief are available from any district court clerk. 150.19 Sec. 72. [INSTRUCTION TO REVISOR.] 150.20 The revisor of statutes must correct internal 150.21 cross-references to sections that are now in Minnesota Statutes, 150.22 chapter 517C, throughout Minnesota Statutes and Minnesota Rules. 150.23 Sec. 73. [REPEALER.] 150.24 Minnesota Statutes 2000, sections 518.111; 518.171; 150.25 518.255; 518.54, subdivisions 2, 4a, 13, and 14; 518.551; 150.26 518.5513; 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 150.27 518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617; 150.28 518.618; 518.6195; and 518.66, are repealed. 150.29 Sec. 74. [EFFECTIVE DATE.] 150.30 This act is effective January 1, 2003.