as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
A bill for an act
relating to family law; clarifying and modifying provisions dealing with the
establishment and enforcement of child support and parenting time; amending
Minnesota Statutes 2004, sections 518.175, subdivision 1; 518.5513, subdivision
3; Laws 2005, chapter 164, sections 3, subdivision 6; 4; 5; 8, subdivision 5b; 10,
subdivision 2; 11, subdivision 7; 14; 15; 16; 17, subdivisions 1, 6; 18, subdivision
2; 20; 22, subdivision 4; 23, subdivisions 1, 2, 4; 24; 25; 26, subdivision 2, as
amended; 31; proposing coding for new law in Minnesota Statutes, chapter 518.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2004, section 518.175, subdivision 1, is amended to read:
(a) In all proceedings for dissolution or legal separation,
subsequent to the commencement of the proceeding and continuing thereafter during
the minority of the child, the court shall, upon the request of either parent, grant such
parenting time on behalf of the child and a parent as will enable the child and the parent to
maintain a child to parent relationship that will be in the best interests of the child.
If the court finds, after a hearing, that parenting time with a parent is likely to
endanger the child's physical or emotional health or impair the child's emotional
development, the court shall restrict parenting time with that parent as to time, place,
duration, or supervision and may deny parenting time entirely, as the circumstances
warrant. The court shall consider the age of the child and the child's relationship with
the parent prior to the commencement of the proceeding.
A parent's failure to pay support because of the parent's inability to do so shall not
be sufficient cause for denial of parenting time.
(b) The court may provide that a law enforcement officer or other appropriate person
will accompany a party seeking to enforce or comply with parenting time.
(c) Upon request of either party, to the extent practicable an order for parenting
time must include a specific schedule for parenting time, including the frequency and
duration of visitation and visitation during holidays and vacations, unless parenting time
is restricted, denied, or reserved.
(d) The court administrator shall provide a form for a pro se motion regarding
parenting time disputes, which includes provisions for indicating the relief requested, an
affidavit in which the party may state the facts of the dispute, and a brief description of
the parenting time expeditor process under section 518.1751. The form may not include
a request for a change of custody. The court shall provide instructions on serving and
filing the motion.
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(e) In the absence of other evidence, there is a rebuttable presumption that a parent is
entitled to receive at least 25 percent of the parenting time for the child. For purposes of
this paragraph, the percentage of parenting time may be determined by calculating the
number of overnights that a child spends with a parent or by using a method other than
overnights if the parent has significant time periods on separate days when the child is in
the parent's physical custody but does not stay overnight. The court may consider the age
of the child in determining whether a child is with a parent for a significant period of time.
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Minnesota Statutes 2004, section 518.5513, subdivision 3, is amended to read:
(a) In cases involving establishment or
modification of a child support order, the initiating party shall include the following
information, if known, in the pleadings:
(1) names, addresses, and dates of birth of the parties;
(2) Social Security numbers of the parties and the minor children of the parties,
which information shall be considered private information and shall be available only to
the parties, the court, and the public authority;
(3) other support obligations of the obligor;
(4) names and addresses of the parties' employers;
(5) deleted text begin netdeleted text end new text begin gross new text end income of the parties as deleted text begin defineddeleted text end new text begin calculated new text end in section deleted text begin 518.551,
subdivision 5, with the authorized deductions itemizeddeleted text end new text begin 518.7123new text end ;
(6) amounts and sources of any other earnings and income of the parties;
(7) health insurance coverage of parties;
(8) types and amounts of public assistance received by the parties, including
Minnesota family investment plan, child care assistance, medical assistance,
MinnesotaCare, title IV-E foster care, or other form of assistance as defined in section
256.741, subdivision 1; and
(9) any other information relevant to the deleted text begin determinationdeleted text end new text begin computation new text end of new text begin the new text end child deleted text begin or
medicaldeleted text end support new text begin obligation new text end under section deleted text begin 518.171 or 518.551, subdivision 5deleted text end new text begin 518.713new text end .
(b) For all matters scheduled in the expedited process, whether or not initiated by
the public authority, the nonattorney employee of the public authority shall file with the
court and serve on the parties the following information:
(1) information pertaining to the income of the parties available to the public
authority from the Department of Employment and Economic Development;
(2) a statement of the monthly amount of child support, medical support, child care,
and arrears currently being charged the obligor on Minnesota IV-D cases;
(3) a statement of the types and amount of any public assistance, as defined in
section 256.741, subdivision 1, received by the parties; and
(4) any other information relevant to the determination of support that is known to
the public authority and that has not been otherwise provided by the parties.
The information must be filed with the court or child support magistrate at least
five days before any hearing involving child support, medical support, or child care
reimbursement issues.
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(a) If a parent is voluntarily unemployed, underemployed, or employed on a
less than full-time basis, or there is no direct evidence of any income, child support
must be calculated based on a determination of potential income. For purposes of this
determination, it is rebuttably presumed that a parent can be gainfully employed on a
full-time basis. As used in this section, "full time" means 40 hours of work in a week
except in those industries, trades, or professions in which most employers, due to custom,
practice, or agreement, use a normal work week of more or less than 40 hours in a week.
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(b) Determination of potential income must be made according to one of three
methods, as appropriate:
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(1) the parent's probable earnings level based on employment potential, recent
work history, and occupational qualifications in light of prevailing job opportunities and
earnings levels in the community;
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(2) if a parent is receiving unemployment compensation or workers' compensation,
that parent's income may be calculated using the actual amount of the unemployment
compensation or workers' compensation benefit received; or
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(3) the amount of income a parent could earn working full time at 150 percent of the
current federal or state minimum wage, whichever is higher.
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(c) A parent is not considered voluntarily unemployed or underemployed upon a
showing by the parent that:
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(1) unemployment or underemployment is temporary and will ultimately lead to an
increase in income;
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(2) the unemployment or underemployment represents a bona fide career change that
outweighs the adverse effect of that parent's diminished income on the child; or
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(3) the parent is unable to work full time due to a verified disability or due to
incarceration.
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(d) If the parent of a joint child is a recipient of a temporary assistance to a needy
family (TANF) cash grant, no potential income is to be imputed to that parent.
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(e) If a parent stays at home to care for a child who is subject to the child support
order, the court may consider the following factors when determining whether the parent
is voluntarily unemployed or underemployed:
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(1) the parties' parenting and child care arrangements before the child support action;
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(2) the stay-at-home parent's employment history, recency of employment, earnings,
and the availability of jobs within the community for an individual with the parent's
qualifications;
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(3) the relationship between the employment-related expenses, including, but not
limited to, child care and transportation costs required for the parent to be employed,
and the income the stay-at-home parent could receive from available jobs within the
community for an individual with the parent's qualifications;
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(4) the child's age and health, including whether the child is physically or mentally
disabled; and
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(5) the availability of child care providers.
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This paragraph does not apply if the parent stays at home only to care for other
nonjoint children.
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(f) A self-employed parent is not considered to be voluntarily unemployed or
underemployed if that parent can show that the parent's net self-employment income
is lower because of economic conditions.
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Laws 2005, chapter 164, section 3, subdivision 6, is amended to read:
Subd. 6. Filing fee. The deleted text begin initial pleadingdeleted text end new text begin first papernew text end filednew text begin for a partynew text end in all
proceedings for dissolution of marriage, legal separation, or annulment or proceedings
to establish child support obligations shall be accompanied by a filing fee of $50. The
fee is in addition to any other prescribed by law or rule.
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This section is effective July 1, 2006.
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Laws 2005, chapter 164, section 4, is amended to read:
Sec. 4. [518.1781] SIX-MONTH REVIEW.
(a) A request for a six-month review hearing form must be attached to a decree of
dissolution or legal separation or an order that initially establishes child custody, parenting
time, or deleted text begin support rights and obligations of parentsdeleted text end new text begin an amount of child supportnew text end . The state
court administrator is requested to prepare the request for review hearing form. The form
must include information regarding the procedures for requesting a hearing, the purpose
of the hearing, and any other information regarding a hearing under this section that the
state court administrator deems necessary.
(b) The six-month review hearing shall be held if any party submits a written request
for a hearing within six months after entry of a decree of dissolution or legal separation or
order that establishes child custody, parenting time, or support.
(c) Upon receipt of a completed request for hearing form, the court administrator
shall provide notice of the hearing to all other parties and the public authority. The court
administrator shall schedule the six-month review hearing as soon as practicable following
the receipt of the hearing request form. new text begin If the hearing request raises parenting time issues,
the court administrator shall schedule the hearing before a district court judge. new text end
(d) At the six-month hearing, the court must review:
(1) whether child support is current; and
(2) whether both parties are complying with the parenting time provisions of the
order.
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The court must not modify custody or parenting time orders at the hearing.
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(e) At the six-month hearing, the obligor has the burden to present evidence to
establish that child support payments are current. A party may request that the public
authority provide information to the parties and court regarding child support payments. A
party must request the information from the public authority at least 14 days before the
hearing. The commissioner of human services must develop a form to be used by the
public authority to submit child support payment information to the parties and court.
(f) Contempt of court and all statutory remedies for child support and parenting time
enforcement may be imposed by the court at the six-month hearing for noncompliance by
either party pursuant to deleted text begin chapters 517C anddeleted text end new text begin this chapter or chapter new text end 588 and the Minnesota
Court Rulesnew text begin , except that contempt of court powers may only be used against a party who
appears at the hearing. If a party does not appear, the court shall issue an order to show
cause if the moving party has presented a sufficient factual basis to establish contemptnew text end .
(g)deleted text begin A request for a six-month review hearing form must be attached to a decree or
order that initially establishes child support rights and obligations according to section
517A.29.deleted text end new text begin The court shall conduct the six-month hearing as an informal proceeding at
which the court may make appropriate inquiries to assure that the parties are complying
with child support and parenting time orders. The court may take testimony only for
purposes of a contempt of court finding.new text end
Laws 2005, chapter 164, section 5, is amended to read:
518.54 DEFINITIONS.
Subdivision 1. Terms. For the purposes of sections 518.54 to 518.773, the terms
defined in this section shall have the meanings respectively ascribed to them.
Subd. 2. Child. "Child" means an individual under 18 years of age, an individual
under age 20 who is still attending secondary school, or an individual who, by reason of
physical or mental condition, is incapable of self-support.
Subd. 2a. Deposit account. "Deposit account" means funds deposited with a
financial institution in the form of a savings account, checking account, NOW account, or
demand deposit account.
Subd. 2b. Financial institution. "Financial institution" means a savings association,
bank, trust company, credit union, industrial loan and thrift company, bank and trust
company, or savings association, and includes a branch or detached facility of a financial
institution.
Subd. 3. Maintenance. "Maintenance" means an award made in a dissolution or
legal separation proceeding of payments from the future income or earnings of one spouse
for the support and maintenance of the other.
Subd. 4. Support money; child support. "Support money" or "child support"
means an amount for basic support, child care support, and medical support pursuant to:
(1) an award in a dissolution, legal separation, annulment, or parentage proceeding
for the care, support and education of any child of the marriage or of the parties to the
proceeding;
(2) a contribution by parents ordered under section 256.87; or
(3) support ordered under chapter deleted text begin 518B ordeleted text end 518C.
Subd. 4a. Support order. "Support order" means a judgment, decree, or order,
whether temporary, final, or subject to modification, issued by a court or administrative
agency of competent jurisdiction, for the support and maintenance of a child, including a
child who has attained the age of majority under the law of the issuing state, or a child
and the parent with whom the child is living, that provides for monetary support, child
care, medical support including expenses for confinement and pregnancy, arrearages, or
reimbursement, and that may include related costs and fees, interest and penalties, income
withholding, and other relief. This definition applies to orders issued under this chapter
and chapters 256, 257, and 518C.
Subd. 5. Marital property; exceptions. "Marital property" means property, real or
personal, including vested public or private pension plan benefits or rights, acquired by
the parties, or either of them, to a dissolution, legal separation, or annulment proceeding
at any time during the existence of the marriage relation between them, or at any time
during which the parties were living together as husband and wife under a purported
marriage relationship which is annulled in an annulment proceeding, but prior to the
date of valuation under section 518.58, subdivision 1. All property acquired by either
spouse subsequent to the marriage and before the valuation date is presumed to be marital
property regardless of whether title is held individually or by the spouses in a form
of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or
community property. Each spouse shall be deemed to have a common ownership in
marital property that vests not later than the time of the entry of the decree in a proceeding
for dissolution or annulment. The extent of the vested interest shall be determined and
made final by the court pursuant to section 518.58. If a title interest in real property is held
individually by only one spouse, the interest in the real property of the nontitled spouse is
not subject to claims of creditors or judgment or tax liens until the time of entry of the
decree awarding an interest to the nontitled spouse. The presumption of marital property
is overcome by a showing that the property is nonmarital property.
"Nonmarital property" means property real or personal, acquired by either spouse
before, during, or after the existence of their marriage, which
(a) is acquired as a gift, bequest, devise or inheritance made by a third party to
one but not to the other spouse;
(b) is acquired before the marriage;
(c) is acquired in exchange for or is the increase in value of property which is
described in clauses (a), (b), (d), and (e);
(d) is acquired by a spouse after the valuation date; or
(e) is excluded by a valid antenuptial contract.
Subd. 6. Income. "Income" means any form of periodic payment to an individual
including, but not limited to, wages, salaries, payments to an independent contractor,
workers' compensation, unemployment benefits, annuity, military and naval retirement,
pension and disability payments. Benefits received under Title IV-A of the Social Security
Act and chapter 256J are not income under this section.
Subd. 7. Obligee. "Obligee" means a person to whom payments for maintenance or
support are owed.
Subd. 8. Obligor. "Obligor" means a person obligated to pay maintenance or
support. A person who deleted text begin is designated as the sole physical custodiandeleted text end new text begin has primary physical
custody new text end of a child is presumed not to be an obligor for purposes of deleted text begin calculating currentdeleted text end new text begin a
child new text end support deleted text begin under section 518.551deleted text end new text begin order new text end unless new text begin section 518.722, subdivision 3, applies
or new text end the court makes specific written findings to overcome this presumption. For purposes
of ordering medical support under section 518.719, a deleted text begin custodialdeleted text end parent new text begin who has primary
physical custody of a child new text end may be an obligor subject to deleted text begin a cost-of-living adjustment under
section 518.641 anddeleted text end a payment agreement under section 518.553.
Subd. 9. Public authority. "Public authority" means the local unit of government,
acting on behalf of the state, that is responsible for child support enforcement or the
Department of Human Services, Child Support Enforcement Division.
Subd. 10. Pension plan benefits or rights. "Pension plan benefits or rights" means
a benefit or right from a public or private pension plan accrued to the end of the month in
which marital assets are valued, as determined under the terms of the laws or other plan
document provisions governing the plan, including section 356.30.
Subd. 11. Public pension plan. "Public pension plan" means a pension plan or
fund specified in section 356.20, subdivision 2, or 356.30, subdivision 3, the deferred
compensation plan specified in section 352.96, or any retirement or pension plan or fund,
including a supplemental retirement plan or fund, established, maintained, or supported by
a governmental subdivision or public body whose revenues are derived from taxation,
fees, assessments, or from other public sources.
Subd. 12. Private pension plan. "Private pension plan" means a plan, fund, or
program maintained by an employer or employee organization that provides retirement
income to employees or results in a deferral of income by employees for a period
extending to the termination of covered employment or beyond.
Subd. 13. Arrears. Arrears are amounts that accrue pursuant to an obligor's failure
to comply with a support order. Past support and pregnancy and confinement expenses
contained in a support order are arrears if the court order does not contain repayment
terms. Arrears also arise by the obligor's failure to comply with the terms of a court order
for repayment of past support or pregnancy and confinement expenses. An obligor's
failure to comply with the terms for repayment of amounts owed for past support or
pregnancy and confinement turns the entire amount owed into arrears.
Subd. 14. IV-D case. "IV-D case" means a case where a party has assigned to the
state rights to child support because of the receipt of public assistance as defined in section
256.741 or has applied for child support services under title IV-D of the Social Security
Act, United States Code, title 42, section 654(4).
Subd. 15. Parental income for new text begin determining new text end child support (PICS). "Parental
income for new text begin determining new text end child support," or "PICS," means gross income deleted text begin under subdivision
18deleted text end minus deductions for nonjoint children deleted text begin asdeleted text end allowed deleted text begin bydeleted text end new text begin under new text end section 518.717.
Subd. 16. Apportioned veterans' benefits. "Apportioned veterans' benefits" means
the amount the Veterans Administration deducts from the veteran's award and disburses
to the child or the child's representative payee. The apportionment of veterans' benefits
shall be that determined by the Veterans Administration and governed by Code of Federal
Regulations, title 38, sections 3.450 to 3.458.
Subd. 17. Basic support. "Basic support" means the new text begin basic new text end support obligation
deleted text begin determined by applying the parent's parental income for child support, or if there are two
parents, their combined parental income for child support, to the guideline in the manner
set out in section 518.725deleted text end new text begin computed under section 518.713new text end . Basic support includes the
dollar amount ordered for a child's housing, food, clothing, transportation, and education
costs, and other expenses relating to the child's care. Basic support does not include
monetary contributions for a child's child care expenses and medical and dental expenses.
Subd. 18. Gross income. "Gross income" meansdeleted text begin : deleted text end
deleted text begin (1)deleted text end the gross income of the parent calculated under section 518.7123deleted text begin ; plus
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deleted text begin (2) Social Security or veterans' benefit payments received on behalf of the child
under section 518.718; plusdeleted text end
deleted text begin (3) the potential income of the parent, if any, as determined in subdivision 23; minusdeleted text end
deleted text begin (4) spousal maintenance that any party has been ordered to pay; minusdeleted text end
deleted text begin (5) the amount of any existing child support order for other nonjoint childrendeleted text end .
Subd. 19. Joint child. "Joint child" means the dependent child who is the deleted text begin son or
daughterdeleted text end new text begin child new text end of both parents in the support proceeding. In deleted text begin thosedeleted text end cases where support is
sought from only one parent of a child, a joint child is the child for whom support is sought.
Subd. 20. Nonjoint child. "Nonjoint child" means the legal child of one, but not
both of the parents deleted text begin subject to this determination. Specifically excluded from this definition
aredeleted text end new text begin in the support proceeding. Nonjoint child does not includenew text end stepchildren.
Subd. 21.deleted text begin Parenting time. "Parenting time" means the amount of time a child is
scheduled to spend with the parent according to a court order. Parenting time includes
time with the child whether it is designated as visitation, physical custody, or parenting
time. For purposes of section 518.722, the percentage of parenting time may be calculated
by calculating the number of overnights that a child spends with a parent, or by using a
method other than overnights if the parent has significant time periods where the child is
in the parent's physical custody, but does not stay overnight. deleted text end
deleted text begin Subd. 22.deleted text end Payor of funds. "Payor of funds" means a person or entity that provides
funds to an obligor, including an employer as defined under chapter 24, section 3401(d),
of the Internal Revenue Code, an independent contractor, payor of workers' compensation
benefits or unemployment insurance benefits, or a financial institution as defined in
section 13B.06.
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Subd. 23. Potential income. "Potential income" is income determined under this
subdivision.
deleted text end
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(a) If a parent is voluntarily unemployed, underemployed, or employed on a
less than full-time basis, or there is no direct evidence of any income, child support
shall be calculated based on a determination of potential income. For purposes of this
determination, it is rebuttably presumed that a parent can be gainfully employed on a
full-time basis.
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(b) Determination of potential income shall be made according to one of three
methods, as appropriate:
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(1) the parent's probable earnings level based on employment potential, recent
work history, and occupational qualifications in light of prevailing job opportunities and
earnings levels in the community;
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(2) if a parent is receiving unemployment compensation or workers' compensation,
that parent's income may be calculated using the actual amount of the unemployment
compensation or workers' compensation benefit received; or
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(3) the amount of income a parent could earn working full time at 150 percent of the
current federal or state minimum wage, whichever is higher.
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(c) A parent is not considered voluntarily unemployed or underemployed upon a
showing by the parent that:
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(1) unemployment or underemployment is temporary and will ultimately lead to an
increase in income;
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(2) the unemployment or underemployment represents a bona fide career change that
outweighs the adverse effect of that parent's diminished income on the child; or
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(3) the parent is unable to work full time due to a verified disability or due to
incarceration.
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(d) As used in this section, "full time" means 40 hours of work in a week except in
those industries, trades, or professions in which most employers due to custom, practice,
or agreement utilize a normal work week of more or less than 40 hours in a week.
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(e) If the parent of a joint child is a recipient of a temporary assistance to a needy
family (TANF) cash grant, no potential income shall be imputed to that parent.
deleted text end
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(f) If a parent stays at home to care for a child who is subject to the child support
order, the court may consider the following factors when determining whether the parent
is voluntarily unemployed or underemployed:
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(1) the parties' parenting and child care arrangements before the child support action;
deleted text end
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(2) the stay-at-home parent's employment history, recency of employment, earnings,
and the availability of jobs within the community for an individual with the parent's
qualifications;
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(3) the relationship between the employment-related expenses, including, but not
limited to, child care and transportation costs required for the parent to be employed,
and the income the stay-at-home parent could receive from available jobs within the
community for an individual with the parent's qualifications;
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(4) the child's age and health, including whether the child is physically or mentally
disabled; and
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(5) the availability of child care providers.
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(g) Paragraph (f) does not apply if the parent stays at home to care for other nonjoint
children, only.
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(h) A self-employed parent shall not be considered to be voluntarily unemployed
or underemployed if that parent can show that the parent's net self-employment income
is lower because of economic conditions.
deleted text end
deleted text begin Subd. 24.deleted text end new text begin Subd. 22. new text end Primary physical custody. The parent having "primary
physical custody" means the parent who provides the primary residence for a child and is
responsible for the majority of the day-to-day decisions concerning a child.
deleted text begin Subd. 25.deleted text end new text begin Subd. 23. new text end Social Security benefits. "Social Security benefits" means the
monthly amount the Social Security Administration pays to a joint child or the child's
representative payee due solely to the disability or retirement of either parent. Benefits
paid to a parent due to the disability of a child are excluded from this definition.
deleted text begin Subd. 26. Split custody. "Split custody" means that each parent in a two-parent
calculation has primary physical custody of at least one of the joint children.deleted text end
deleted text begin Subd. 27.deleted text end new text begin Subd. 24. new text end Survivors' and dependents' educational assistance.
"Survivors' and dependents' educational assistance" are funds disbursed by the Veterans
Administration under United States Code, title 38, chapter 35, to the child or the child's
representative payee.
Laws 2005, chapter 164, section 8, subdivision 5b, is amended to read:
Subd. 5b. Providing income information. (a) In any case where the parties have
joint children for which a child support order must be determined, the parties shall serve
and file with their initial pleadings or motion documents, a financial affidavit, disclosing
all sources of gross income. The financial affidavit shall include relevant supporting
documentation necessary to calculate the parental income for child support under section
518.54, subdivision 15, including, but not limited to, pay stubs deleted text begin for the most recent three
months,deleted text end new text begin ornew text end employer statements, or statements of receipts and expenses if self-employed.
Documentation of earnings and income also include relevant copies of each parent's
most recent federal tax returns, including W-2 forms, 1099 forms, unemployment benefit
statements, workers' compensation statements, and all other documents evidencing
earnings or income as received that provide verification for the financial affidavit.new text begin The
state court administrator shall prepare a financial affidavit form that must be used by the
parties for disclosing information under this subdivision.new text end
(b) In addition to the requirements of paragraph (a), at any time after an action
seeking child support has been commenced or when a child support order is in effect, a
party or the public authority may require the other party to give them a copy of the party's
most recent federal tax returns that were filed with the Internal Revenue Service. The
party shall provide a copy of the tax returns within 30 days of receipt of the request unless
the request is not made in good faith. A request under this paragraph may not be made
more than once every two years, in the absence of good cause.
(c) If a parent under the jurisdiction of the court does not serve and file the financial
affidavit with the parent's initial pleading, the court shall set income for that parent based
on credible evidence before the court or in accordance with section 518.54, subdivision
23. Credible evidence may include documentation of current or recent income, testimony
of the other parent concerning recent earnings and income levels, and the parent's wage
reports filed with the Minnesota Department of Employment and Economic Development
under section 268.044.
Laws 2005, chapter 164, section 10, subdivision 2, is amended to read:
Subd. 2. Modification. (a) The terms of an order respecting maintenance or support
may be modified upon a showing of one or more of the followingnew text begin , any of which makes the
terms unreasonable and unfairnew text end : (1) substantially increased or decreased gross income of an
obligor or obligee; (2) substantially increased or decreased need of an obligor or obligee
or the child or children that are the subject of these proceedings; (3) receipt of assistance
under the AFDC program formerly codified under sections 256.72 to 256.87 or 256B.01
to 256B.40, or chapter 256J or 256K; (4) a change in the cost of living for either party
as measured by the Federal Bureau of Labor Statisticsdeleted text begin , any of which makes the terms
unreasonable and unfairdeleted text end ; (5) extraordinary medical expenses of the child not provided for
under section 518.171;new text begin ornew text end (6) the addition of work-related or education-related child care
expenses of the obligee or a substantial increase or decrease in existing work-related or
education-related child care expensesdeleted text begin ; or (7)deleted text end new text begin . Modification of a support order must also be
allowednew text end upon the emancipation of the child, as provided in section 518.64, subdivision 4a.
(b) It is presumed that there has been a substantial change in circumstances under
paragraph (a) and the terms of a current support order shall be rebuttably presumed to be
unreasonable and unfair if:
(1) the application of the child support guidelines in section 518.551, subdivision 5,
to the current circumstances of the parties results in a calculated court order that is at least
20 percent and at least $75 per month higher or lower than the current support order;
(2) the medical support provisions of the order established under section 518.719
are not enforceable by the public authority or the obligee;
(3) health coverage ordered under section 518.719 is not available to the child for
whom the order is established by the parent ordered to provide;
(4) the existing support obligation is in the form of a statement of percentage and
not a specific dollar amount; or
(5) the gross income of an obligor or obligee has decreased by at least 20 percent
through no fault or choice of the party.
(c) A child support order is not presumptively modifiable solely because an obligor
or obligee becomes responsible for the support of an additional nonjoint child, which is
born after an existing order. Section 518.717 shall be considered if other grounds are
alleged which allow a modification of support.
(d) On a motion for modification of maintenance, including a motion for the
extension of the duration of a maintenance award, the court shall apply, in addition to all
other relevant factors, the factors for an award of maintenance under section 518.552 that
exist at the time of the motion. On a motion for modification of support, the court:
(1) shall apply section 518.725, and shall not consider the financial circumstances of
each party's spouse, if any; and
(2) shall not consider compensation received by a party for employment in excess of
a 40-hour work week, provided that the party demonstrates, and the court finds, that:
(i) the excess employment began after entry of the existing support order;
(ii) the excess employment is voluntary and not a condition of employment;
(iii) the excess employment is in the nature of additional, part-time employment, or
overtime employment compensable by the hour or fractions of an hour;
(iv) the party's compensation structure has not been changed for the purpose of
affecting a support or maintenance obligation;
(v) in the case of an obligor, current child support payments are at least equal to the
guidelines amount based on income not excluded under this clause; and
(vi) in the case of an obligor who is in arrears in child support payments to the
obligee, any net income from excess employment must be used to pay the arrearages
until the arrearages are paid in full.
(e) A modification of support or maintenance, including interest that accrued
pursuant to section 548.091, may be made retroactive only with respect to any period
during which the petitioning party has pending a motion for modification but only from the
date of service of notice of the motion on the responding party and on the public authority
if public assistance is being furnished or the county attorney is the attorney of record.
(f) Except for an award of the right of occupancy of the homestead, provided in
section 518.63, all divisions of real and personal property provided by section 518.58
shall be final, and may be revoked or modified only where the court finds the existence
of conditions that justify reopening a judgment under the laws of this state, including
motions under section 518.145, subdivision 2. The court may impose a lien or charge on
the divided property at any time while the property, or subsequently acquired property, is
owned by the parties or either of them, for the payment of maintenance or support money,
or may sequester the property as is provided by section 518.24.
(g) The court need not hold an evidentiary hearing on a motion for modification of
maintenance or support.
(h) Section 518.14 shall govern the award of attorney fees for motions brought
under this subdivision.
(i) Except as expressly provided, an enactment, amendment, or repeal of law does
not constitute a substantial change in the circumstances for purposes of modifying a
child support order.
(j) There may be no modification of an existing child support order during the first
year following the effective date of sections 518.7123 to 518.729 except as follows:
(1) there is at least a 20 percent change in the gross income of the obligor;
(2) there is a change in the number of joint children for whom the obligor is legally
responsible and actually supporting;
(3) the child supported by the existing child support order becomes disabled; or
(4) both parents consent to modification of the existing order in compliance with the
new income shares guidelines.
(k) On the first modification deleted text begin under the income shares method of calculation,deleted text end new text begin of a
support order that was calculated under the statutory guidelines in effect before January
1, 2007, the court may phase innew text end the modification of basic support deleted text begin may be limiteddeleted text end if the
deleted text begin amount of thedeleted text end full deleted text begin variancedeleted text end new text begin amount of the modificationnew text end would createnew text begin an unduenew text end hardship for
deleted text begin eitherdeleted text end the obligor or the obligee.
Paragraph (j) expires January 1, 2008.
Laws 2005, chapter 164, section 11, subdivision 7, is amended to read:
Subd. 7. Child care exception. new text begin Child care support must be based on the actual child
care expenses. new text end The court may provide that a deleted text begin reductiondeleted text end new text begin decreasenew text end in the amount deleted text begin allocated
fordeleted text end new text begin of thenew text end child care deleted text begin expensesdeleted text end based on a deleted text begin substantialdeleted text end decrease in thenew text begin actual child carenew text end
expenses is effective as of the date the expense is decreased.
Laws 2005, chapter 164, section 14, is amended to read:
Sec. 14. [518.7123] CALCULATION OF GROSS INCOME.
(a) deleted text begin Except as excluded belowdeleted text end new text begin Subject to the exclusions and deductions in this
sectionnew text end , gross income includes deleted text begin income from any sourcedeleted text end new text begin any form of periodic payment
to an individualnew text end , including, but not limited to, salaries, wages, deleted text begin commissions, advances,
bonuses, dividends, severance pay, pensions, interest, honoraria, trust income, annuities,
return on capital, Social Security benefits, workers' compensation benefits, unemployment
insurance benefits, disability insurance benefits, gifts, prizes, including lottery winnings,
alimony, spousal maintenance payments, income from self-employment or operation of
a business, as determineddeleted text end new text begin self-employment income new text end under section 518.7125new text begin , workers'
compensation, unemployment benefits, annuity payments, military and naval retirement,
pension and disability payments, spousal maintenance received under a previous order
or the current proceeding, Social Security or veterans benefits received on behalf of a
joint child under section 518.718, and potential income under section 518.7124new text end . deleted text begin All
salarydeleted text end new text begin Salariesnew text end , wages, commissions, or other compensation paid by third parties shall be
based upon Medicare gross income. No deductions shall be allowed for contributions to
pensions, 401-K, IRA, or other retirement benefits.
(b) deleted text begin Excluded and not counted indeleted text end Gross income deleted text begin isdeleted text end new text begin does not include new text end compensation
received by a party for employment in excess of a 40-hour work week, provided that:
(1) child support is deleted text begin nonethelessdeleted text end ordered in an amount at least equal to the guideline
amount based on gross income not excluded under this clause; and
(2) the party demonstrates, and the court finds, that:
(i) the excess employment began after the filing of the petition for dissolutionnew text begin or
legal separation or a petition or motion related to custody, parenting time, or supportnew text end ;
(ii) the excess employment reflects an increase in the work schedule or hours worked
over that of the two years immediately preceding the filing of the petition;
(iii) the excess employment is voluntary and not a condition of employment;
(iv) the excess employment is in the nature of additional, part-time or overtime
employment compensable by the hour or fraction of an hour; and
(v) the party's compensation structure has not been changed for the purpose of
affecting a support or maintenance obligation.
(c) Expense reimbursements or in-kind payments received by a parent in the course
of employment, self-employment, or operation of a business shall be counted as income
if they reduce personal living expenses.
(d) Gross income may be calculated on either an annual or monthly basis. Weekly
income shall be translated to monthly income by multiplying the weekly income by 4.33.
(e) deleted text begin Excluded and not counted asdeleted text end new text begin Gross new text end income deleted text begin is anydeleted text end new text begin does not include a new text end child
support payment received by a party. It is a rebuttable presumption that adoption
assistance payments, guardianship assistance payments, and foster care subsidies are
deleted text begin excluded anddeleted text end not deleted text begin counted asdeleted text end new text begin gross new text end income.
(f) deleted text begin Excluded and not counted asdeleted text end new text begin Gross new text end income deleted text begin isdeleted text end new text begin does not include new text end the income of the
obligor's spouse and the obligee's spouse.
new text begin
(g) Court-ordered child support payments made by a party for a nonjoint child and
court-ordered spousal maintenance payments paid to a former spouse or ordered payable
to the other party as part of the current proceeding are deducted from other periodic
payments received by a party for purposes of determining gross income.
new text end
Laws 2005, chapter 164, section 15, is amended to read:
Sec. 15. [518.7125] INCOME FROM SELF-EMPLOYMENT OR
OPERATION OF A BUSINESS.
For income from self-employment, rent, royalties, proprietorship of a business, or
joint ownership of a partnership or closely held corporation, gross income is defined
as gross receipts minus costs of goods sold minus ordinary and necessary expenses
required for self-employment or business operation. Specifically excluded from ordinary
and necessary expenses are amounts allowable by the Internal Revenue Service for
the accelerated component of depreciation expenses, investment tax credits, or any
other business expenses determined by the court to be inappropriate or excessive for
determining gross income for purposes of calculating child support.new text begin The person seeking
to deduct an expense, including depreciation, has the burden of proving, if challenged,
that the expense is ordinary and necessary. new text end
Laws 2005, chapter 164, section 16, is amended to read:
Sec. 16. [518.713] COMPUTATION OF CHILD SUPPORT OBLIGATIONS.
new text begin (a) new text end To determine the presumptive deleted text begin amount ofdeleted text end new text begin child new text end support deleted text begin owed bydeleted text end new text begin obligation of new text end a
parent, new text begin the court shall new text end follow the procedure set forth in this sectiondeleted text begin :deleted text end new text begin .new text end
new text begin
(b) To determine the obligor's basic support obligation, the court shall:
new text end
(1) determine the gross income of each parent deleted text begin using the definition in section 518.54,
subdivision 18deleted text end new text begin under section 518.7123new text end ;
(2) calculate the parental income for new text begin determining new text end child support (PICS) of each parent
deleted text begin under section 518.54, subdivision 15deleted text end , by subtracting from the gross income the credit, if
any, for each parent's nonjoint children under section 518.717;
(3) determine the percentage contribution of each parent to the combined PICS by
dividing the combined PICS into each parent's PICS;
(4) determine the combined basic support obligation by application of the deleted text begin scheduledeleted text end
new text begin guidelines new text end in section 518.725;
(5) determine deleted text begin each parent'sdeleted text end new text begin the obligor's new text end share of the basic support obligation
by multiplying the percentage figure from clause (3) by the combined basic support
obligation in clause (4);new text begin and new text end
(6) determine the parenting expense adjustment, if any, as provided in section
518.722, and adjust deleted text begin that parent'sdeleted text end new text begin the obligor's new text end basic support obligation accordinglydeleted text begin ;deleted text end new text begin .
If the parenting time of the parties is presumed equal, section 518.722, subdivision 3,
applies to the calculation of the basic support obligation and a determination of which
parent is the obligor. new text end
deleted text begin (7) deleted text end new text begin (c) The court shall new text end determine the child care support obligation for deleted text begin each parentdeleted text end
new text begin the obligor new text end as provided in section 518.72deleted text begin ;deleted text end new text begin .new text end
deleted text begin (8)deleted text end new text begin (d) The court shall new text end determine the deleted text begin health care coveragedeleted text end new text begin medical supportnew text end obligation
for each parent as provided in section 518.719. Unreimbursed and uninsured medical
expenses are not included in the presumptive amount of support owed by a parent and are
calculated and collected as described in section deleted text begin 518.722;deleted text end new text begin 518.719, subdivision 17.new text end
deleted text begin (9)deleted text end new text begin (e) The court shall new text end determine each parent's total child support obligation by
adding together each parent's basic support, child care support, and health care coverage
obligations as provided in deleted text begin clauses (1) to (8);deleted text end
deleted text begin (10)deleted text end new text begin this section and new text end reduce or increase each parent's total child support obligation
by the amount of the health care coverage contribution paid by or on behalf of the other
parent, as provided in section 518.719, subdivision 5deleted text begin ;deleted text end new text begin .new text end
deleted text begin (11)deleted text end new text begin (f) new text end If Social Security benefits or veterans' benefits are received by one parent as
a representative payee for a joint child due to the other parent's disability or retirement,new text begin
the court shall new text end subtract the amount of benefits from the other parent's net child support
obligation, if anydeleted text begin ;deleted text end new text begin . new text end
deleted text begin (12) apply the self-support adjustment and minimum support obligation provisions
as provided in section 518.724; and deleted text end new text begin new text end
deleted text begin (13)deleted text end new text begin (g) new text end The final child support order shall separately designate the amount owed for
basic support, child care support, and medical support. new text begin If applicable, the court shall use
the self-support adjustment and minimum support adjustment under section 518.724 to
determine the obligor's child support obligation.
new text end
Laws 2005, chapter 164, section 17, subdivision 1, is amended to read:
Subdivision 1. General factors. Among other reasons, deviation from the
presumptive deleted text begin guideline amountdeleted text end new text begin child support obligation computed under section 518.713
new text end is intended to encourage prompt and regular payments of child support and to prevent
either parent or the joint children from living in poverty. In addition to the child support
guidelinesnew text begin and other factors used to calculate the child support obligation under section
518.713new text end , the court must take into consideration the following factors in setting or
modifying child support or in determining whether to deviate upward or downward from
the deleted text begin guidelinesdeleted text end new text begin presumptive child support obligationnew text end :
(1) all earnings, income, circumstances, and resources of each parent, including real
and personal property, but excluding income from excess employment of the obligor or
obligee that meets the criteria of section 518.7123, paragraph (b)deleted text begin , clause (2)deleted text end ;
(2) the extraordinary financial needs and resources, physical and emotional
condition, and educational needs of the child to be supported;
(3) the standard of living the child would enjoy if the parents were currently living
together, but recognizing that the parents now have separate households;
(4) which parent receives the income taxation dependency exemption and the
financial benefit the parent receives from it; new text begin andnew text end
(5) the parents' debts as provided in subdivision 2deleted text begin ; anddeleted text end new text begin .new text end
deleted text begin (6)deleted text end The obligor's total payments for court-ordered child support new text begin must not new text end exceed
the limitations deleted text begin set forthdeleted text end in section 571.922.
Laws 2005, chapter 164, section 17, subdivision 6, is amended to read:
Subd. 6. Self-support deleted text begin limitationdeleted text end new text begin adjustmentnew text end . deleted text begin If, after payment of income and
payroll taxes, the obligor can establish that they do not have enough for the self-support
reserve, a downward deviation may be alloweddeleted text end new text begin Section 518.724 governs downward
deviations based on the obligor's ability to pay and self-support adjustmentnew text end .
Laws 2005, chapter 164, section 18, subdivision 2, is amended to read:
Subd. 2. Deviation. deleted text begin (a)deleted text end If the court deviates from the deleted text begin guidelines by agreement of the
parties ordeleted text end new text begin presumptive child support obligation computed new text end pursuant to section 518.714, the
court must make written findings deleted text begin givingdeleted text end new text begin that state new text end the amount of support calculated under
the guidelinesdeleted text begin ,deleted text end new text begin based on each parent's gross income and PICS and the applicable parenting
expense adjustment, if any, and new text end the deleted text begin reasonsdeleted text end new text begin reason or basis new text end for the deviationdeleted text begin , and must
specifically address how the deviation serves the best interests of the child; and deleted text end
deleted text begin (b) determine each parent's gross income and PICSdeleted text end .
Laws 2005, chapter 164, section 20, is amended to read:
Sec. 20. [518.717] new text begin DEDUCTION FROM INCOME FOR new text end NONJOINT
CHILDREN.
(a) When either or both parents deleted text begin of the joint child subject to this determinationdeleted text end are
legally responsible for a nonjoint child deleted text begin who resides in that parent's householddeleted text end , a deleted text begin creditdeleted text end
new text begin deduction new text end for this obligation shall be calculated under this sectionnew text begin if:new text end
new text begin
(1) the nonjoint child primarily resides in the parent's household; and
new text end
new text begin (2) the parent is not obligated to pay child support for the nonjoint child to the other
parent or a legal custodian of the child under an existing child support ordernew text end .
(b) deleted text begin Determine the gross income for each parent under section 518.54, subdivision
18. deleted text end
deleted text begin (c) Usingdeleted text end new text begin The court shall use new text end the deleted text begin guideline as established indeleted text end new text begin guidelines under new text end section
518.725deleted text begin , deleted text end new text begin to new text end determine the basic child support obligation for the nonjoint child or children
deleted text begin who actually reside in the parent's household,deleted text end by using the gross income of the parent for
whom the deleted text begin creditdeleted text end new text begin deduction new text end is being calculateddeleted text begin ,deleted text end and deleted text begin usingdeleted text end the number of nonjoint children
deleted text begin actuallydeleted text end new text begin primarily residing new text end in the parent's deleted text begin immediatedeleted text end household. If the number of nonjoint
children to be used for the determination is greater than two, the determination deleted text begin shalldeleted text end new text begin must
new text end be made using the number two instead of the greater number.
deleted text begin (d)deleted text end new text begin (c) new text end The deleted text begin creditdeleted text end new text begin deduction new text end for nonjoint children deleted text begin shall bedeleted text end new text begin is new text end 50 percent of the
guideline amount deleted text begin fromdeleted text end new text begin determined under new text end paragraph deleted text begin (c)deleted text end new text begin (b)new text end .
Laws 2005, chapter 164, section 22, subdivision 4, is amended to read:
Subd. 4. Ordering health care coverage. (a) If a joint child is presently enrolled
in health care coverage, the court must order that the parent who currently has the joint
child enrolled continue that enrollment unless the parties agree otherwise or a party
requests a change in coverage and the court determines that other health care coverage is
more appropriate.
(b) If a joint child is not presently enrolled in health care coverage, upon motion of a
party or the public authority, the court must determine whether one or both parties have
appropriate health care coverage for the joint child and order the party with appropriate
health care coverage available to carry the coverage for the joint child.
(c) If only one party has appropriate health care coverage available, the court must
order that party to carry the coverage for the joint child.
(d) If both parties have appropriate health care coverage available, the court must
order the parent with whom the joint child resides to carry the coverage for the joint
child, unless:
(1) either party expresses a preference for coverage available through the parent
with whom the joint child does not reside;
(2) the parent with whom the joint child does not reside is already carrying
dependent health care coverage for other children and the cost of contributing to the
premiums of the other parent's coverage would cause the parent with whom the joint
child does not reside extreme hardship; or
(3) the parents agree to provide coverage and agree on the allocation of costs.
(e) If the exception in paragraph (d), clause (1) or (2), applies, the court must
determine which party has the most appropriate coverage available and order that party to
carry coverage for the joint child. If the court determines under subdivision 3, paragraph
(a), clauses (1) and (2), that the parties' health care coverage for the joint child is
comparable with regard to accessibility and comprehensiveness, the court must presume
that the party with the least costly health care coverage to carry coverage for the joint child.
(f) If neither party has appropriate health care coverage available, the court must
order the parents to:
(1) contribute toward the actual health care costs of the joint children based on
a pro rata share; or
(2) if the joint child is receiving any form of medical assistance under chapter 256B
or MinnesotaCare under chapter 256L, the parent with whom the joint child does not
reside shall contribute a monthly amount toward the actual cost of medical assistance
under chapter 256B or MinnesotaCare under chapter 256L. The amount of contribution of
the noncustodial parent is the amount the noncustodial parent would pay for the child's
premiums if the noncustodial parent's new text begin PICS new text end income meets the eligibility requirements for
public coverage. For purposes of determining the premium amount, the noncustodial
parent's household size is equal to one parent plus the child or children who are the
subject of the child support order. If the noncustodial parent's new text begin PICS new text end income exceeds the
eligibility requirements for public coverage, the court must order the noncustodial parent's
contribution toward the full premium cost of the child's or children's coverage. The
custodial parent's obligation is determined under the requirements for public coverage as
set forth in chapter 256B or 256L. The court may order the parent with whom the child
resides to apply for public coverage for the child.
(g) A presumption of no less than $50 per month must be applied to the actual health
care costs of the joint children or to the cost of health care coverage.
(h) The commissioner of human services must publish a table with the premium
schedule for public coverage and update the chart for changes to the schedule by July
1 of each year.
Laws 2005, chapter 164, section 23, subdivision 1, is amended to read:
Subdivision 1. Child care costs. Unless otherwise agreed to by the parties and
approved by the court, the court must order that work-related or education-related child
care costs of joint children be divided between the obligor and obligee based on their
proportionate share of the parties' combined monthly deleted text begin parental income for determining
child supportdeleted text end new text begin PICSnew text end . Child care costs shall be adjusted by the amount of the estimated
federal and state child care credit payable on behalf of a joint child. The Department of
Human Services shall develop tables to calculate the applicable credit based upon the
custodial parent's deleted text begin parental income for determining child supportdeleted text end new text begin PICSnew text end .
Laws 2005, chapter 164, section 23, subdivision 2, is amended to read:
Subd. 2. Low-income obligor. (a) If the obligor's deleted text begin parental income for determining
child supportdeleted text end new text begin PICS new text end meets the income eligibility requirements for child care assistance
under the basic sliding fee program under chapter 119B, the court must order the obligor
to pay the lesser of the following amounts:
(1) the amount of the obligor's monthly co-payment for child care assistance under
the basic sliding fee schedule established by the commissioner of education under chapter
119B, based on an obligor's monthly deleted text begin parental income for determining child supportdeleted text end new text begin PICS
new text end and the size of the obligor's household provided that the obligee is actually receiving child
care assistance under the basic sliding fee program. For purposes of this subdivision,
the obligor's household includes the obligor and the number of joint children for whom
child support is being ordered; or
(2) the amount of the obligor's child care obligation under subdivision 1.
(b) The commissioner of human services must publish a table with the child care
assistance basic sliding fee amounts and update the table for changes to the basic sliding
fee schedule by July 1 of each year.
Laws 2005, chapter 164, section 23, subdivision 4, is amended to read:
Subd. 4. Change in child care. (a) When a court order provides for child care
expenses and the public authority provides child support enforcement services, the public
authority must suspend collecting the amount allocated for child care expenses when:
(1) either party informs the public authority that no child care costs are being
incurred; and
(2) the public authority verifies the accuracy of the information with the other partynew text begin
or the child care providernew text end .
The public authority will resume collecting child care expenses when either party provides
information that child care costs have resumed.
(b) If the parties provide conflicting information to the public authority regarding
whether child care expenses are being incurred, the public authority will continue or
resume collecting child care expenses. Either party, by motion to the court, may challenge
the suspension or resumption of the collection of child care expenses. If the public
authority suspends collection activities for the amount allocated for child care expenses,
all other provisions of the court order remain in effect.
(c) In cases where there is a substantial increase or decrease in child care expenses,
the parties may modify the order under section 518.64.
Laws 2005, chapter 164, section 24, is amended to read:
Sec. 24. [518.722] PARENTING EXPENSE ADJUSTMENT.
(a) This section deleted text begin shall applydeleted text end new text begin appliesnew text end when the deleted text begin amountdeleted text end new text begin
percentagenew text end of parenting time granted to an obligor is ten percent or greater.
new text begin (b) This parenting expense adjustment reflects the presumption that while exercising
parenting time, a parent is responsible for and incurs costs of caring for the child,
including, but not limited to, food, transportation, recreation, and household expenses.
new text end Every child support order shall specify the deleted text begin total percentdeleted text end new text begin percentage new text end of parenting time
granted to new text begin or presumed for new text end each parent. new text begin For purposes of this section, the percentage of
parenting time means the percentage of time a child is scheduled to spend with the parent
during a calendar year according to a court order. Parenting time includes time with
the child whether it is designated as visitation, physical custody, or parenting time. The
percentage of parenting time may be determined by calculating the number of overnights
that a child spends with a parent, or by using a method other than overnights if the parent
has significant time periods on separate days where the child is in the parent's physical
custody but does not stay overnight. The court may consider the age of the child in
determining whether a child is with a parent for a significant period of time.
new text end
new text begin (c) If there is not a court order awarding parenting time, the court shall presume
that the percentage of parenting time allowed to the obligor for purposes of this section
is 25 percent unless the parties stipulate to a different percentage or the court finds that
this presumption is not in the best interests of the child. If parenting time is subsequently
established by the court, the court may modify the child support award to reflect the
percentage of parenting time established by the order. new text end
deleted text begin (b)deleted text end The obligor deleted text begin shall
bedeleted text end new text begin isnew text end entitled to a parenting expense adjustment calculated as deleted text begin followsdeleted text end new text begin provided in this
subdivision. The court shallnew text end :
(1) find the adjustment percentage corresponding to the percentage of parenting
time allowed to the obligor below:
Percentage Range of |
Adjustment |
|
Parenting Time |
Percentage |
|
(i) |
less than 10 percent |
no adjustment |
(ii) |
10 percent to deleted text begin 45deleted text end new text begin 35 new text end percent |
12 percent |
(iii) |
new text begin
35.1 percent to 45 percent new text end |
new text begin
20 percent new text end |
new text begin
(iv) new text end |
45.1 percent to 50 percent |
presume parenting time is equal |
(2) multiply the adjustment percentage by the obligor's basic child support obligation
to arrive at the parenting expense adjustmentdeleted text begin .deleted text end new text begin ; and new text end
deleted text begin (c)deleted text end new text begin (3) new text end subtract the parenting expense adjustment from the obligor's basic child
support obligation. The result is the obligor's new text begin basic support new text end obligation after parenting
expense adjustment.
deleted text begin (d)deleted text end new text begin (a) new text end If the parenting time is equal, the expenses for the children are equally shared,
and the parental incomes for determining child support of the parents also are equal,
no support shall be paid.
deleted text begin (e)deleted text end new text begin (b) new text end If the parenting time is equal but the parents' parental incomes for determining
child support are not equal, the parent having the greater parental income for determining
child support shall be obligated for basic child support, calculated as follows:
(1) multiply the combined basic support by deleted text begin 1.5deleted text end new text begin 0.75new text end ;
(2) prorate the basic child support obligation between the parentsdeleted text begin , deleted text end new text begin based on each
parent's PICS and new text end subtract the lower amount from the higher amount deleted text begin and divide the
balance in halfdeleted text end ; and
(3) the resulting figure is the obligation after parenting expense adjustment for the
parent with the greater adjusted gross income.
deleted text begin
(f) This parenting expense adjustment reflects the presumption that while exercising
parenting time, a parent is responsible for and incurs costs of caring for the child,
including, but not limited to, food, transportation, recreation, and household expenses.
deleted text end
deleted text begin (g) In the absence of other evidence, there is a rebuttable presumption that each
parent has 25 percent of the parenting time for each joint child.deleted text end
Laws 2005, chapter 164, section 25, is amended to read:
Sec. 25. [518.724] ABILITY TO PAY; SELF-SUPPORT ADJUSTMENT.
new text begin (a) new text end It is a rebuttable presumption that a child support
order should not exceed the obligor's ability to pay. To determine the amount of child
support the obligor has the ability to pay, new text begin the court shall new text end follow the procedure set out in
this sectiondeleted text begin : deleted text end
deleted text begin (1)deleted text end new text begin (b) The court shall new text end calculate the obligor's income available for support by
subtracting a monthly self-support reserve equal to 120 percent of the federal poverty
guidelines for one person from the obligor's deleted text begin grossdeleted text end new text begin PICS new text end incomedeleted text begin ;deleted text end new text begin . If the obligor's income
available for support calculated under this paragraph is equal to or greater than the
obligor's support obligation calculated under section 518.713, the court shall order child
support under section 518.713.new text end
deleted text begin (2) compare the obligor's income available for support from clause (1) to the amount
of support calculated as per section 518.713, clauses (1) to (15). The amount of child
support that is presumed to be correct, as defined in section 518.713, is the lesser of
these two amounts;deleted text end
deleted text begin (3) this section does not apply to an incarcerated obligor;deleted text end
deleted text begin (4) if the obligor's child support is reduced under clause (2),deleted text end new text begin (c) If the obligor's
income available for support calculated under paragraph (b) is more than the minimum
support amount under subdivision 2, but less than the guideline amount under section
518.713, new text end then the court deleted text begin mustdeleted text end new text begin shall new text end apply deleted text begin thedeleted text end new text begin a new text end reduction to the child support obligation
in the following ordernew text begin , until the support order is equal to the obligor's income available
for supportnew text end :
deleted text begin (i)deleted text end new text begin (1) new text end medical support obligation;
deleted text begin (ii)deleted text end new text begin (2) new text end child deleted text begin supportdeleted text end care new text begin support new text end obligation; and
deleted text begin (iii)deleted text end new text begin (3) new text end basic support obligationdeleted text begin ; anddeleted text end new text begin .new text end
new text begin
(d) If the obligor's income available for support calculated under paragraph (b) is
equal to or less than the minimum support amount under subdivision 2 or if the obligor's
PICS income is less than 120 percent of the federal poverty guidelines for one person,
the minimum support amount under subdivision 2 applies.
new text end
deleted text begin (5)deleted text end Minimum basic support amount. new text begin (a) new text end If thedeleted text begin obligor's income available
for support is less than the self-support reservedeleted text end new text begin basic support amount appliesnew text end , deleted text begin thendeleted text end the court
must order new text begin the following amount as the new text end minimum new text begin basic new text end support deleted text begin as followsdeleted text end new text begin obligationnew text end :
deleted text begin (i)deleted text end new text begin (1) new text end for one or two children, the obligor's basic support obligation is $50 per
month;
deleted text begin (ii)deleted text end new text begin (2) new text end for three or four children, the obligor's basic support obligation is $75 per
month; and
deleted text begin (iii)deleted text end new text begin (3) new text end for five or more children, the obligor's basic support obligation is $100
per month.
new text begin (b) new text end If the court orders the obligor to pay the minimum basic support amount under
this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end , the obligor is presumed unable to pay child care support
and medical support.
If the court finds the obligor receives no income and completely lacks the ability to earn
income, the minimum basic support amount under this deleted text begin paragraphdeleted text end new text begin subdivision new text end does not
apply.
new text begin
This section does not apply to an obligor who is incarcerated.
new text end
Laws 2005, chapter 164, section 26, subdivision 2, as amended by Laws 2005,
First Special Session chapter 7, section 27, subdivision 2, is amended to read:
Subd. 2. Basic support; guideline. Unless otherwise agreed to by the parents
and approved by the court, when establishing basic support, the court must order that
basic support be divided between the parents based on their proportionate share of the
parents' combined monthly parental income for determining child supportdeleted text begin , as determined
under section 518.54, subdivision 15deleted text end new text begin (PICS)new text end . Basic support must be computed using
the following guideline:
Combined Parental | Number of Children | |||||
Income for Determining Child Support | One | Two | Three | Four | Five | Six |
$0- $799 | $50 | $50 | $75 | $75 | $100 | $100 |
800-899 | 80 | 129 | 149 | 173 | 201 | 233 |
900-999 | 90 | 145 | 167 | 194 | 226 | 262 |
1,000- 1,099 | 116 | 161 | 186 | 216 | 251 | 291 |
1,100- 1,199 | 145 | 205 | 237 | 275 | 320 | 370 |
1,200- 1,299 | 177 | 254 | 294 | 341 | 396 | 459 |
1,300- 1,399 | 212 | 309 | 356 | 414 | 480 | 557 |
1,400- 1,499 | 251 | 368 | 425 | 493 | 573 | 664 |
1,500- 1,599 | 292 | 433 | 500 | 580 | 673 | 780 |
1,600- 1,699 | 337 | 502 | 580 | 673 | 781 | 905 |
1,700- 1,799 | 385 | 577 | 666 | 773 | 897 | 1,040 |
1,800- 1,899 | 436 | 657 | 758 | 880 | 1,021 | 1,183 |
1,900- 1,999 | 490 | 742 | 856 | 994 | 1,152 | 1,336 |
2,000- 2,099 | 516 | 832 | 960 | 1,114 | 1,292 | 1,498 |
2,100- 2,199 | 528 | 851 | 981 | 1,139 | 1,320 | 1,531 |
2,200- 2,299 | 538 | 867 | 1,000 | 1,160 | 1,346 | 1,561 |
2,300- 2,399 | 546 | 881 | 1,016 | 1,179 | 1,367 | 1,586 |
2,400- 2,499 | 554 | 893 | 1,029 | 1,195 | 1,385 | 1,608 |
2,500- 2,599 | 560 | 903 | 1,040 | 1,208 | 1,400 | 1,625 |
2,600- 2,699 | 570 | 920 | 1,060 | 1,230 | 1,426 | 1,655 |
2,700- 2,799 | 580 | 936 | 1,078 | 1,251 | 1,450 | 1,683 |
2,800- 2,899 | 589 | 950 | 1,094 | 1,270 | 1,472 | 1,707 |
2,900- 2,999 | 596 | 963 | 1,109 | 1,287 | 1,492 | 1,730 |
3,000- 3,099 | 603 | 975 | 1,122 | 1,302 | 1,509 | 1,749 |
3,100- 3,199 | 613 | 991 | 1,141 | 1,324 | 1,535 | 1,779 |
3,200- 3,299 | 623 | 1,007 | 1,158 | 1,344 | 1,558 | 1,807 |
3,300- 3,399 | deleted text begin 632deleted text end new text begin 636 new text end | 1,021 | 1,175 | 1,363 | 1,581 | 1,833 |
3,400- 3,499 | deleted text begin 640deleted text end new text begin 650 new text end | 1,034 | 1,190 | 1,380 | 1,601 | 1,857 |
3,500- 3,599 | deleted text begin 648deleted text end new text begin 664 new text end | 1,047 | 1,204 | 1,397 | 1,621 | 1,880 |
3,600- 3,699 | deleted text begin 657deleted text end new text begin 677 new text end | 1,062 | 1,223 | 1,418 | 1,646 | 1,909 |
3,700- 3,799 | deleted text begin 667deleted text end new text begin 691 new text end | 1,077 | 1,240 | 1,439 | 1,670 | 1,937 |
3,800- 3,899 | deleted text begin 676deleted text end new text begin 705 new text end | 1,081 | 1,257 | 1,459 | 1,693 | 1,963 |
3,900- 3,999 | deleted text begin 684deleted text end new text begin 719 new text end | 1,104 | 1,273 | 1,478 | 1,715 | 1,988 |
4,000- 4,099 | deleted text begin 692deleted text end new text begin 732 new text end | 1,116 | 1,288 | 1,496 | 1,736 | 2,012 |
4,100- 4,199 | deleted text begin 701deleted text end new text begin 746 new text end | 1,132 | 1,305 | 1,516 | 1,759 | 2,039 |
4,200- 4,299 | deleted text begin 710deleted text end new text begin 760 new text end | 1,147 | 1,322 | 1,536 | 1,781 | 2,064 |
4,300- 4,399 | deleted text begin 718deleted text end new text begin 774 new text end | 1,161 | 1,338 | 1,554 | 1,802 | 2,088 |
4,400- 4,499 | deleted text begin 726deleted text end new text begin 787 new text end | 1,175 | 1,353 | 1,572 | 1,822 | 2,111 |
4,500- 4,599 | deleted text begin 734deleted text end new text begin 801 new text end | 1,184 | 1,368 | 1,589 | 1,841 | 2,133 |
4,600- 4,699 | deleted text begin 743deleted text end new text begin 808 new text end | 1,200 | 1,386 | 1,608 | 1,864 | 2,160 |
4,700- 4,799 | deleted text begin 753deleted text end new text begin 814 new text end | 1,215 | 1,402 | 1,627 | 1,887 | 2,186 |
4,800- 4,899 | deleted text begin 762deleted text end new text begin 820 new text end | 1,231 | 1,419 | 1,645 | 1,908 | 2,212 |
4,900- 4,999 | deleted text begin 771deleted text end new text begin 825 new text end | 1,246 | 1,435 | 1,663 | 1,930 | 2,236 |
5,000- 5,099 | deleted text begin 780deleted text end new text begin 831 new text end | 1,260 | 1,450 | 1,680 | 1,950 | 2,260 |
5,100- 5,199 | deleted text begin 788deleted text end new text begin 837 new text end | 1,275 | 1,468 | 1,701 | 1,975 | 2,289 |
5,200- 5,299 | deleted text begin 797deleted text end new text begin 843 new text end | 1,290 | 1,485 | 1,722 | 1,999 | 2,317 |
5,300- 5,399 | deleted text begin 805deleted text end new text begin 849 new text end | 1,304 | 1,502 | 1,743 | 2,022 | 2,345 |
5,400- 5,499 | deleted text begin 812deleted text end new text begin 854 new text end | 1,318 | 1,518 | 1,763 | 2,046 | 2,372 |
5,500- 5,599 | deleted text begin 820deleted text end new text begin 860 new text end | 1,331 | 1,535 | 1,782 | 2,068 | 2,398 |
5,600- 5,699 | deleted text begin 829deleted text end new text begin 866 new text end | 1,346 | 1,551 | 1,801 | 2,090 | 2,424 |
5,700- 5,799 | deleted text begin 838deleted text end new text begin 873 new text end | 1,357 | 1,568 | 1,819 | 2,111 | 2,449 |
5,800- 5,899 | deleted text begin 847deleted text end new text begin 881 new text end | 1,376 | 1,583 | 1,837 | 2,132 | 2,473 |
5,900- 5,999 | deleted text begin 856deleted text end new text begin 888 new text end | 1,390 | 1,599 | 1,855 | 2,152 | 2,497 |
6,000- 6,099 | deleted text begin 864deleted text end new text begin 895 new text end | 1,404 | 1,604 | 1,872 | 2,172 | 2,520 |
6,100- 6,199 | deleted text begin 874deleted text end new text begin 902 new text end | 1,419 | 1,631 | 1,892 | 2,195 | 2,546 |
6,200- 6,299 | deleted text begin 883deleted text end new text begin 909 new text end | 1,433 | 1,645 | 1,912 | 2,217 | 2,572 |
6,300- 6,399 | deleted text begin 892deleted text end new text begin 916 new text end | 1,448 | 1,664 | 1,932 | 2,239 | 2,597 |
6,400- 6,499 | deleted text begin 901deleted text end new text begin 923 new text end | 1,462 | 1,682 | 1,951 | 2,260 | 2,621 |
6,500- 6,599 | deleted text begin 910deleted text end new text begin 930 new text end | 1,476 | 1,697 | 1,970 | 2,282 | 2,646 |
6,600- 6,699 | deleted text begin 919deleted text end new text begin 936 new text end | 1,490 | 1,713 | 1,989 | 2,305 | 2,673 |
6,700- 6,799 | deleted text begin 927deleted text end new text begin 943 new text end | 1,505 | 1,730 | 2,009 | 2,328 | 2,700 |
6,800- 6,899 | deleted text begin 936deleted text end new text begin 950 new text end | 1,519 | 1,746 | 2,028 | 2,350 | 2,727 |
6,900- 6,999 | deleted text begin 944deleted text end new text begin 957 new text end | 1,533 | 1,762 | 2,047 | 2,379 | deleted text begin 2,753 deleted text end new text begin 2,747 new text end |
7,000- 7,099 | deleted text begin 952deleted text end new text begin 963 new text end | 1,547 | 1,778 | 2,065 | 2,394 | deleted text begin 2,779 deleted text end new text begin 2,753 new text end |
7,100- 7,199 | deleted text begin 961deleted text end new text begin 970 new text end | 1,561 | 1,795 | 2,085 | 2,417 | deleted text begin 2,805 deleted text end new text begin 2,758 new text end |
7,200- 7,299 | deleted text begin 971deleted text end new text begin 974 new text end | 1,574 | 1,812 | 2,104 | 2,439 | deleted text begin 2,830 deleted text end new text begin 2,764 new text end |
7,300- 7,399 | 980 | 1,587 | 1,828 | 2,123 | 2,462 | deleted text begin 2,854 deleted text end new text begin 2,769 new text end |
7,400- 7,499 | 989 | 1,600 | 1,844 | 2,142 | 2,483 | deleted text begin 2,879 deleted text end new text begin 2,775 new text end |
7,500- 7,599 | 998 | 1,613 | 1,860 | 2,160 | 2,505 | deleted text begin 2,903 deleted text end new text begin 2,781 new text end |
7,600- 7,699 | 1,006 | 1,628 | 1,877 | 2,180 | 2,528 | deleted text begin 2,929 deleted text end new text begin 2,803 new text end |
7,700- 7,799 | 1,015 | 1,643 | 1,894 | 2,199 | 2,550 | deleted text begin 2,955 deleted text end new text begin 2,833 new text end |
7,800- 7,899 | 1,023 | 1,658 | 1,911 | 2,218 | 2,572 | deleted text begin 2,981 deleted text end new text begin 2,864 new text end |
7,900- 7,999 | 1,032 | 1,673 | 1,928 | 2,237 | 2,594 | deleted text begin 3,007 deleted text end new text begin 2,894 new text end |
8,000- 8,099 | 1,040 | 1,688 | 1,944 | 2,256 | 2,616 | deleted text begin 3,032 deleted text end new text begin 2,925 new text end |
8,100- 8,199 | 1,048 | 1,703 | 1,960 | 2,274 | 2,637 | deleted text begin 3,057 deleted text end new text begin 2,955 new text end |
8,200- 8,299 | 1,056 | 1,717 | 1,976 | 2,293 | 2,658 | deleted text begin 3,082 deleted text end new text begin 2,985 new text end |
8,300 -8,399 | 1,064 | 1,731 | 1,992 | 2,311 | 2,679 | deleted text begin 3,106 deleted text end new text begin 3,016 new text end |
8,400- 8,499 | 1,072 | 1,746 | 2,008 | 2,328 | 2,700 | deleted text begin 3,130 deleted text end new text begin 3,046 new text end |
8,500- 8,599 | 1,080 | 1,760 | 2,023 | 2,346 | 2,720 | deleted text begin 3,154 deleted text end new text begin 3,077 new text end |
8,600- 8,699 | 1,092 | 1,780 | 2,047 | 2,374 | 2,752 | deleted text begin 3,191 deleted text end new text begin 3,107 new text end |
8,700- 8,799 | 1,105 | 1,801 | 2,071 | 2,401 | 2,784 | deleted text begin 3,228 deleted text end new text begin 3,138 new text end |
8,800- 8,899 | 1,118 | 1,822 | 2,094 | 2,429 | 2,816 | deleted text begin 3,265 deleted text end new text begin 3,168 new text end |
8,900- 8,999 | 1,130 | 1,842 | 2,118 | 2,456 | 2,848 | deleted text begin 3,302 deleted text end new text begin 3,199 new text end |
9,000- 9,099 | 1,143 | 1,863 | 2,142 | 2,484 | 2,880 | deleted text begin 3,339 deleted text end new text begin 3,223 new text end |
9,100- 9,199 | 1,156 | 1,884 | 2,166 | 2,512 | 2,912 | deleted text begin 3,376 deleted text end new text begin 3,243 new text end |
9,200- 9,299 | 1,168 | 1,904 | 2,190 | 2,539 | 2,944 | deleted text begin 3,413 deleted text end new text begin 3,263 new text end |
9,300- 9,399 | 1,181 | 1,925 | 2,213 | 2,567 | 2,976 | deleted text begin 3,450 deleted text end new text begin 3,284 new text end |
9,400- 9,499 | 1,194 | 1,946 | 2,237 | 2,594 | 3,008 | deleted text begin 3,487 deleted text end new text begin 3,304 new text end |
9,500- 9,599 | 1,207 | 1,967 | 2,261 | 2,622 | deleted text begin 3,040 deleted text end new text begin 3,031 new text end | deleted text begin 3,525 deleted text end new text begin 3,324 new text end |
9,600- 9,699 | 1,219 | 1,987 | 2,285 | 2,650 | deleted text begin 3,072 deleted text end new text begin 3,050 new text end | deleted text begin 3,562 deleted text end new text begin 3,345 new text end |
9,700- 9,799 | 1,232 | 2,008 | 2,309 | 2,677 | deleted text begin 3,104 deleted text end new text begin 3,069 new text end | deleted text begin 3,599 deleted text end new text begin 3,365 new text end |
9,800- 9,899 | 1,245 | 2,029 | 2,332 | 2,705 | deleted text begin 3,136 deleted text end new text begin 3,087 new text end | deleted text begin 3,636 deleted text end new text begin 3,385 new text end |
9,900- 9,999 | 1,257 | 2,049 | 2,356 | 2,732 | deleted text begin 3,168 deleted text end new text begin 3,106 new text end | deleted text begin 3,673 deleted text end new text begin 3,406 new text end |
10,000-10,099 | 1,270 | 2,070 | 2,380 | 2,760 | deleted text begin 3,200 deleted text end new text begin 3,125 new text end | deleted text begin 3,710 deleted text end new text begin 3,426 new text end |
10,100-10,199 | 1,283 | 2,091 | 2,404 | 2,788 | deleted text begin 3,232 deleted text end new text begin 3,144 new text end | deleted text begin 3,747 deleted text end new text begin 3,446 new text end |
10,200-10,299 | 1,295 | 2,111 | 2,428 | 2,815 | deleted text begin 3,264 deleted text end new text begin 3,162 new text end | deleted text begin 3,784 deleted text end new text begin 3,467 new text end |
10,300-10,399 | 1,308 | 2,132 | 2,451 | 2,843 | deleted text begin 3,296 deleted text end new text begin 3,181 new text end | deleted text begin 3,821 deleted text end new text begin 3,487 new text end |
10,400-10,499 | 1,321 | 2,153 | 2,475 | 2,870 | deleted text begin 3,328 deleted text end new text begin 3,200 new text end | deleted text begin 3,858 deleted text end new text begin 3,507 new text end |
10,500-10,599 | 1,334 | 2,174 | 2,499 | 2,898 | deleted text begin 3,360 deleted text end new text begin 3,218 new text end | deleted text begin 3,896 deleted text end new text begin 3,528 new text end |
10,600-10,699 | 1,346 | 2,194 | 2,523 | deleted text begin 2,926 deleted text end new text begin 2,921 new text end | deleted text begin 3,392 deleted text end new text begin 3,237 new text end | deleted text begin 3,933 deleted text end new text begin 3,548 new text end |
10,700-10,799 | 1,359 | 2,215 | 2,547 | deleted text begin 2,953 deleted text end new text begin 2,938 new text end | deleted text begin 3,424 deleted text end new text begin 3,256 new text end | deleted text begin 3,970 deleted text end new text begin 3,568 new text end |
10,800-10,899 | 1,372 | 2,236 | 2,570 | deleted text begin 2,981 deleted text end new text begin 2,955 new text end | deleted text begin 3,456 deleted text end new text begin 3,274 new text end | deleted text begin 4,007 deleted text end new text begin 3,589 new text end |
10,900-10,999 | 1,384 | 2,256 | 2,594 | deleted text begin 3,008 deleted text end new text begin 2,972 new text end | deleted text begin 3,488 deleted text end new text begin 3,293 new text end | deleted text begin 4,044 deleted text end new text begin 3,609 new text end |
11,000-11,099 | 1,397 | 2,277 | 2,618 | deleted text begin 3,036 deleted text end new text begin 2,989 new text end | deleted text begin 3,520 deleted text end new text begin 3,312 new text end | deleted text begin 4,081 deleted text end new text begin 3,629 new text end |
11,100-11,199 | 1,410 | deleted text begin 2,298 deleted text end new text begin 2,294 new text end | 2,642 | deleted text begin 3,064 deleted text end new text begin 3,006 new text end | deleted text begin 3,552 deleted text end new text begin 3,331 new text end | deleted text begin 4,118 deleted text end new text begin 3,649 new text end |
11,200-11,299 | 1,422 | deleted text begin 2,318 deleted text end new text begin 2,306 new text end | 2,666 | deleted text begin 3,091 deleted text end new text begin 3,023 new text end | deleted text begin 3,584 deleted text end new text begin 3,349 new text end | deleted text begin 4,155 deleted text end new text begin 3,667 new text end |
11,300-11,399 | 1,435 | deleted text begin 2,339 deleted text end new text begin 2,319 new text end | 2,689 | deleted text begin 3,119 deleted text end new text begin 3,040 new text end | deleted text begin 3,616 deleted text end new text begin 3,366 new text end | deleted text begin 4,192 deleted text end new text begin 3,686 new text end |
11,400-11,499 | 1,448 | deleted text begin 2,360 deleted text end new text begin 2,331 new text end | 2,713 | deleted text begin 3,146 deleted text end new text begin 3,055 new text end | deleted text begin 3,648 deleted text end new text begin 3,383 new text end | deleted text begin 4,229 deleted text end new text begin 3,705 new text end |
11,500-11,599 | 1,461 | deleted text begin 2,381 deleted text end new text begin 2,344 new text end | deleted text begin 2,737 deleted text end new text begin 2,735 new text end | deleted text begin 3,174 deleted text end new text begin 3,071 new text end | deleted text begin 3,680 deleted text end new text begin 3,400 new text end | deleted text begin 4,267 deleted text end new text begin 3,723 new text end |
11,600-11,699 | 1,473 | deleted text begin 2,401 deleted text end new text begin 2,356 new text end | deleted text begin 2,761 deleted text end new text begin 2,748 new text end | deleted text begin 3,202 deleted text end new text begin 3,087 new text end | deleted text begin 3,712 deleted text end new text begin 3,417 new text end | deleted text begin 4,304 deleted text end new text begin 3,742 new text end |
11,700-11,799 | 1,486 | deleted text begin 2,422 deleted text end new text begin 2,367 new text end | deleted text begin 2,785 deleted text end new text begin 2,762 new text end | deleted text begin 3,229 deleted text end new text begin 3,102 new text end | deleted text begin 3,744 deleted text end new text begin 3,435 new text end | deleted text begin 4,341 deleted text end new text begin 3,761 new text end |
11,800-11,899 | 1,499 | deleted text begin 2,443 deleted text end new text begin 2,378 new text end | deleted text begin 2,808 deleted text end new text begin 2,775 new text end | deleted text begin 3,257 deleted text end new text begin 3,116 new text end | deleted text begin 3,776 deleted text end new text begin 3,452 new text end | deleted text begin 4,378 deleted text end new text begin 3,780 new text end |
11,900-11,999 | 1,511 | deleted text begin 2,463 deleted text end new text begin 2,389 new text end | deleted text begin 2,832 deleted text end new text begin 2,788 new text end | deleted text begin 3,284 deleted text end new text begin 3,131 new text end | deleted text begin 3,808 deleted text end new text begin 3,469 new text end | deleted text begin 4,415 deleted text end new text begin 3,798 new text end |
12,000-12,099 | 1,524 | deleted text begin 2,484 deleted text end new text begin 2,401 new text end | deleted text begin 2,856 deleted text end new text begin 2,801 new text end | deleted text begin 3,312 deleted text end new text begin 3,146 new text end | deleted text begin 3,840 deleted text end new text begin 3,485 new text end | deleted text begin 4,452 deleted text end new text begin 3,817 new text end |
12,100-12,199 | 1,537 | deleted text begin 2,505 deleted text end new text begin 2,412 new text end | deleted text begin 2,880 deleted text end new text begin 2,814 new text end | deleted text begin 3,340 deleted text end new text begin 3,160 new text end | deleted text begin 3,872 deleted text end new text begin 3,501 new text end | deleted text begin 4,489 deleted text end new text begin 3,836 new text end |
12,200-12,299 | 1,549 | deleted text begin 2,525 deleted text end new text begin 2,423 new text end | deleted text begin 2,904 deleted text end new text begin 2,828 new text end | deleted text begin 3,367 deleted text end new text begin 3,175 new text end | deleted text begin 3,904 deleted text end new text begin 3,517 new text end | deleted text begin 4,526 deleted text end new text begin 3,854 new text end |
12,300-12,399 | 1,562 | deleted text begin 2,546 deleted text end new text begin 2,434 new text end | deleted text begin 2,927 deleted text end new text begin 2,841 new text end | deleted text begin 3,395 deleted text end new text begin 3,190 new text end | deleted text begin 3,936 deleted text end new text begin 3,534 new text end | deleted text begin 4,563 deleted text end new text begin 3,871 new text end |
12,400-12,499 | 1,575 | deleted text begin 2,567 deleted text end new text begin 2,445 new text end | deleted text begin 2,951 deleted text end new text begin 2,854 new text end | deleted text begin 3,422 deleted text end new text begin 3,205 new text end | deleted text begin 3,968 deleted text end new text begin 3,550 new text end | deleted text begin 4,600 deleted text end new text begin 3,889 new text end |
12,500-12,599 | 1,588 | deleted text begin 2,588 deleted text end new text begin 2,456 new text end | deleted text begin 2,975 deleted text end new text begin 2,867 new text end | deleted text begin 3,450 deleted text end new text begin 3,219 new text end | deleted text begin 4,000 deleted text end new text begin 3,566 new text end | deleted text begin 4,638 deleted text end new text begin 3,907 new text end |
12,600-12,699 | 1,600 | deleted text begin 2,608 deleted text end new text begin 2,467 new text end | deleted text begin 2,999 deleted text end new text begin 2,880 new text end | deleted text begin 3,478 deleted text end new text begin 3,234 new text end | deleted text begin 4,032 deleted text end new text begin 3,582 new text end | deleted text begin 4,675 deleted text end new text begin 3,924 new text end |
12,700-12,799 | 1,613 | deleted text begin 2,629 deleted text end new text begin 2,478 new text end | deleted text begin 3,023 deleted text end new text begin 2,894 new text end | deleted text begin 3,505 deleted text end new text begin 3,249 new text end | deleted text begin 4,064 deleted text end new text begin 3,598 new text end | deleted text begin 4,712 deleted text end new text begin 3,942 new text end |
12,800-12,899 | 1,626 | deleted text begin 2,650 deleted text end new text begin 2,489 new text end | deleted text begin 3,046 deleted text end new text begin 2,907 new text end | deleted text begin 3,533 deleted text end new text begin 3,264 new text end | deleted text begin 4,096 deleted text end new text begin 3,615 new text end | deleted text begin 4,749 deleted text end new text begin 3,960 new text end |
12,900-12,999 | 1,638 | deleted text begin 2,670 deleted text end new text begin 2,500 new text end | deleted text begin 3,070 deleted text end new text begin 2,920 new text end | deleted text begin 3,560 deleted text end new text begin 3,278 new text end | deleted text begin 4,128 deleted text end new text begin 3,631 new text end | deleted text begin 4,786 deleted text end new text begin 3,977 new text end |
13,000-13,099 | 1,651 | deleted text begin 2,691 deleted text end new text begin 2,512 new text end | deleted text begin 3,094 deleted text end new text begin 2,933 new text end | deleted text begin 3,588 deleted text end new text begin 3,293 new text end | deleted text begin 4,160 deleted text end new text begin 3,647 new text end | deleted text begin 4,823 deleted text end new text begin 3,995 new text end |
13,100-13,199 | 1,664 | deleted text begin 2,712 deleted text end new text begin 2,523 new text end | deleted text begin 3,118 deleted text end new text begin 2,946 new text end | deleted text begin 3,616 deleted text end new text begin 3,308 new text end | deleted text begin 4,192 deleted text end new text begin 3,663 new text end | deleted text begin 4,860 deleted text end new text begin 4,012 new text end |
13,200-13,299 | 1,676 | deleted text begin 2,732 deleted text end new text begin 2,534 new text end | deleted text begin 3,142 deleted text end new text begin 2,960 new text end | deleted text begin 3,643 deleted text end new text begin 3,322 new text end | deleted text begin 4,224 deleted text end new text begin 3,679 new text end | deleted text begin 4,897 deleted text end new text begin 4,030 new text end |
13,300-13,399 | 1,689 | deleted text begin 2,753 deleted text end new text begin 2,545 new text end | deleted text begin 3,165 deleted text end new text begin 2,973 new text end | deleted text begin 3,671 deleted text end new text begin 3,337 new text end | deleted text begin 4,256 deleted text end new text begin 3,696 new text end | deleted text begin 4,934 deleted text end new text begin 4,048 new text end |
13,400-13,499 | 1,702 | deleted text begin 2,774 deleted text end new text begin 2,556 new text end | deleted text begin 3,189 deleted text end new text begin 2,986 new text end | deleted text begin 3,698 deleted text end new text begin 3,352 new text end | deleted text begin 4,288 deleted text end new text begin 3,712 new text end | deleted text begin 4,971 deleted text end new text begin 4,065 new text end |
13,500-13,599 | 1,715 | deleted text begin 2,795 deleted text end new text begin 2,567 new text end | deleted text begin 3,213 deleted text end new text begin 2,999 new text end | deleted text begin 3,726 deleted text end new text begin 3,367 new text end | deleted text begin 4,320 deleted text end new text begin 3,728 new text end | deleted text begin 5,009 deleted text end new text begin 4,083 new text end |
13,600-13,699 | 1,727 | deleted text begin 2,815 deleted text end new text begin 2,578 new text end | deleted text begin 3,237 deleted text end new text begin 3,012 new text end | deleted text begin 3,754 deleted text end new text begin 3,381 new text end | deleted text begin 4,352 deleted text end new text begin 3,744 new text end | deleted text begin 5,046 deleted text end new text begin 4,100 new text end |
13,700-13,799 | 1,740 | deleted text begin 2,836 deleted text end new text begin 2,589 new text end | deleted text begin 3,261 deleted text end new text begin 3,026 new text end | deleted text begin 3,781 deleted text end new text begin 3,396 new text end | deleted text begin 4,384 deleted text end new text begin 3,760 new text end | deleted text begin 5,083 deleted text end new text begin 4,118 new text end |
13,800-13,899 | 1,753 | deleted text begin 2,857 deleted text end new text begin 2,600 new text end | deleted text begin 3,284 deleted text end new text begin 3,039 new text end | deleted text begin 3,809 deleted text end new text begin 3,411 new text end | deleted text begin 4,416 deleted text end new text begin 3,777 new text end | deleted text begin 5,120 deleted text end new text begin 4,136 new text end |
13,900-13,999 | 1,765 | deleted text begin 2,877 deleted text end new text begin 2,611 new text end | deleted text begin 3,308 deleted text end new text begin 3,052 new text end | deleted text begin 3,836 deleted text end new text begin 3,425 new text end | deleted text begin 4,448 deleted text end new text begin 3,793 new text end | deleted text begin 5,157 deleted text end new text begin 4,153 new text end |
14,000-14,099 | 1,778 | deleted text begin 2,898 deleted text end new text begin 2,623 new text end | deleted text begin 3,332 deleted text end new text begin 3,065 new text end | deleted text begin 3,864 deleted text end new text begin 3,440 new text end | deleted text begin 4,480 deleted text end new text begin 3,809 new text end | deleted text begin 5,194 deleted text end new text begin 4,171 new text end |
14,100-14,199 | 1,791 | deleted text begin 2,919 deleted text end new text begin 2,634 new text end | deleted text begin 3,356 deleted text end new text begin 3,078 new text end | deleted text begin 3,892 deleted text end new text begin 3,455 new text end | deleted text begin 4,512 deleted text end new text begin 3,825 new text end | deleted text begin 5,231 deleted text end new text begin 4,189 new text end |
14,200-14,299 | 1,803 | deleted text begin 2,939 deleted text end new text begin 2,645 new text end | deleted text begin 3,380 deleted text end new text begin 3,092 new text end | deleted text begin 3,919 deleted text end new text begin 3,470 new text end | deleted text begin 4,544 deleted text end new text begin 3,841 new text end | deleted text begin 5,268 deleted text end new text begin 4,206 new text end |
14,300-14,399 | 1,816 | deleted text begin 2,960 deleted text end new text begin 2,656 new text end | deleted text begin 3,403 deleted text end new text begin 3,105 new text end | deleted text begin 3,947 deleted text end new text begin 3,484 new text end | deleted text begin 4,576 deleted text end new text begin 3,858 new text end | deleted text begin 5,305 deleted text end new text begin 4,224 new text end |
14,400-14,499 | 1,829 | deleted text begin 2,981 deleted text end new text begin 2,667 new text end | deleted text begin 3,427 deleted text end new text begin 3,118 new text end | deleted text begin 3,974 deleted text end new text begin 3,499 new text end | deleted text begin 4,608 deleted text end new text begin 3,874 new text end | deleted text begin 5,342 deleted text end new text begin 4,239 new text end |
14,500-14,599 | 1,842 | deleted text begin 3,002 deleted text end new text begin 2,678 new text end | deleted text begin 3,451 deleted text end new text begin 3,131 new text end | deleted text begin 4,002 deleted text end new text begin 3,514 new text end | deleted text begin 4,640 deleted text end new text begin 3,889 new text end | deleted text begin 5,380 deleted text end new text begin 4,253 new text end |
14,600-14,699 | 1,854 | deleted text begin 3,022 deleted text end new text begin 2,689 new text end | deleted text begin 3,475 deleted text end new text begin 3,144 new text end | deleted text begin 4,030 deleted text end new text begin 3,529 new text end | deleted text begin 4,672 deleted text end new text begin 3,902 new text end | deleted text begin 5,417 deleted text end new text begin 4,268 new text end |
14,700-14,799 | deleted text begin 1,867 deleted text end new text begin 1,864 new text end | deleted text begin 3,043 deleted text end new text begin 2,700 new text end | deleted text begin 3,499 deleted text end new text begin 3,158 new text end | deleted text begin 4,057 deleted text end new text begin 3,541 new text end | deleted text begin 4,704 deleted text end new text begin 3,916 new text end | deleted text begin 5,454 deleted text end new text begin 4,282 new text end |
14,800-14,899 | deleted text begin 1,880 deleted text end new text begin 1,872 new text end | deleted text begin 3,064 deleted text end new text begin 2,711 new text end | deleted text begin 3,522 deleted text end new text begin 3,170 new text end | deleted text begin 4,085 deleted text end new text begin 3,553 new text end | deleted text begin 4,736 deleted text end new text begin 3,929 new text end | deleted text begin 5,491 deleted text end new text begin 4,297 new text end |
14,900-14,999 | deleted text begin 1,892 deleted text end new text begin 1,879 new text end | deleted text begin 3,084 deleted text end new text begin 2,722 new text end | deleted text begin 3,546 deleted text end new text begin 3,181 new text end | deleted text begin 4,112 deleted text end new text begin 3,565 new text end | deleted text begin 4,768 deleted text end new text begin 3,942 new text end | deleted text begin 5,528 deleted text end new text begin 4,311 new text end |
15,000, or the amount in effect under subd. 4 | deleted text begin 1,905 deleted text end new text begin 1,883 new text end | deleted text begin 3,105 deleted text end new text begin 2,727 new text end | deleted text begin 3,570 deleted text end new text begin 3,186 new text end | deleted text begin 4,140 deleted text end new text begin 3,571 new text end | deleted text begin 4,800 deleted text end new text begin 3,949 new text end | deleted text begin 5,565 deleted text end new text begin 4,319 new text end |
Laws 2005, chapter 164, section 31, is amended to read:
Sec. 31. REPEALER.
Minnesota Statutes 2004, sections 518.171; deleted text begin 518.54, subdivisions 2, 4, and 4a;deleted text end and
518.551, subdivisions deleted text begin 1,deleted text end 5a, 5c, and 5f, are repealed.
new text begin
The revisor of statutes shall change cross-references in Minnesota Statutes from
section 518.171 to section 518.719.
new text end
new text begin
Except where otherwise indicated, this act is effective January 1, 2007.
new text end