SF 630

Conference Committee Report - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil law; reforming and recodifying the
law relating to marriage dissolution, child custody,
child support, maintenance, and property division;
changing a fee; making style and form changes;
appropriating money; amending Minnesota Statutes 2004,
sections 357.021, by adding a subdivision; 518.002;
518.003, subdivisions 1, 3; 518.005; 518.01; 518.02;
518.03; 518.04; 518.05; 518.055; 518.06; 518.07;
518.09; 518.091, subdivision 1; 518.10; 518.11;
518.12; 518.13; 518.131; 518.14, subdivision 1;
518.148; 518.155; 518.156; 518.157, subdivisions 1, 2,
3, 5, 6; 518.165; 518.166; 518.167, subdivisions 3, 4,
5; 518.168; 518.1705, subdivisions 2, 6, 7, 8, 9;
518.175; 518.1751, subdivisions 1b, 2, 2a, 2b, 2c, 3;
518.1752; 518.176; 518.177; 518.178; 518.179,
subdivision 1; 518.18; 518.191, subdivision 1;
518.195, subdivisions 2, 3; 518.24; 518.25; 518.27;
518.54, subdivisions 1, 5, 6, 7, 8; 518.55; 518.552;
518.58; 518.581; 518.582; 518.612; 518.619; 518.62;
518.64, subdivisions 1, 2; 518.641; 518.642; 518.646;
518.65; 518.68, subdivision 1; 519.11, subdivision 1;
proposing coding for new law as Minnesota Statutes,
chapters 517A; 517B; 517C; repealing Minnesota
Statutes 2004, sections 518.111; 518.14, subdivision
2; 518.171; 518.24; 518.255; 518.54, subdivisions 2,
4a, 13, 14; 518.55, subdivision 4; 518.551; 518.5513;
518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852;
518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616;
518.617; 518.618; 518.6195; 518.6196; 518.62; 518.64,
subdivisions 4, 4a, 5; 518.68.

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

ARTICLE 1

MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT

Section 1.

Minnesota Statutes 2004, section 357.021, is
amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Marital dissolution fee. new text end

new text begin (a) The court
administrator shall collect in each proceeding in the district
seeking a dissolution of a marriage or a legal separation, in
the manner in which other fees are collected, a marital
dissolution fee in the amount of $31 from:
new text end

new text begin (1) the petitioner instituting the marital dissolution or
legal separation, to be collected at the time of the filing of
the first paper; and
new text end

new text begin (2) the respondent who appears, to be collected at the time
of the filing of the first paper by the respondent or at the
time when the respondent's appearance is entered in the case.
new text end

new text begin (b) The court administrator shall forward the marital
dissolution fee to the commissioner of finance for deposit in
the general fund.
new text end

Sec. 2.

new text begin [517A.36] MAINTENANCE PAYMENT ENFORCEMENT.
new text end

new text begin (a) Except as provided in paragraph (b), the enforcement
requirements and procedures in chapter 517C apply to a
maintenance obligation, including a maintenance obligation that
is or was combined with a child support obligation and is part
of a support order as defined in section 517A.02, subdivision 14.
new text end

new text begin (b) The enforcement requirements and procedures in sections
517C.04; 517C.10, subdivisions 1, 2, and 5; 517C.12, subdivision
4; 517C.13; 517C.22; 517C.23; 517C.27; 517C.28; 517C.30;
517C.63; 517C.73; 517C.80; and 517C.84, do not apply to a
maintenance obligation whether or not the obligation is or was
combined with a child support obligation.
new text end

Sec. 3.

Minnesota Statutes 2004, section 518.002, is
amended to read:

518.002 MEANING OF DIVORCE.

deleted text begin Wherever the word deleted text end "Divorce" deleted text begin is deleted text end new text begin , as new text end used in the statutes, deleted text begin it
deleted text end has the same meaning as "dissolution" or "dissolution of
marriage."

Sec. 4.

Minnesota Statutes 2004, section 518.003,
subdivision 1, is amended to read:

Subdivision 1.

Scope.

deleted text begin For the purposes of deleted text end new text begin The
definitions in this section apply to new text end this chapter deleted text begin , the following
terms have the meanings provided in this section unless the
context clearly requires otherwise deleted text end .

Sec. 5.

Minnesota Statutes 2004, section 518.005, is
amended to read:

518.005 RULES GOVERNING PROCEEDINGS.

Subdivision 1.

Applicable.

Unless otherwise specifically
provided, the Rules of Civil Procedure for the district court
apply to all proceedings under this chapter new text begin and chapters 517B
and 517C new text end .

Subd. 2.

Title.

A proceeding for dissolution of
marriage, legal separation, or annulment deleted text begin shall deleted text end new text begin must new text end be entitled
"In re the Marriage of .......... and .......... ." deleted text begin A custody
or support proceeding shall be entitled "In re the (Custody)
(Support) of .......... ."
deleted text end

Subd. 3.

Names of pleadings.

The initial pleading in all
proceedings under deleted text begin sections 518.002 to 518.66 shall deleted text end new text begin this chapter
and chapters 517B and 517C must new text end be denominated a petition. A
responsive pleading deleted text begin shall deleted text end new text begin must new text end be denominated an answer. Other
pleadings deleted text begin shall deleted text end new text begin must new text end be denominated as provided in the Rules of
Civil Procedure.

Subd. 4.

Decree; judgment.

In deleted text begin sections 518.002 to 518.66
deleted text end new text begin this chapter and chapters 517B and 517C new text end , "decree" includes
"judgment."

Subd. 5.

Prohibited disclosure.

In all proceedings under
this chapter new text begin and chapters 517B and 517C new text end in which public
assistance is assigned under section 256.741 or the public
authority provides services to a party or parties to the
proceedings, notwithstanding statutory or other authorization
for the public authority to release private data on the location
of a party to the action, information on the location of one
party may not be released by the public authority to the other
party if:

(1) the public authority has knowledge that a protective
order with respect to the other party has been entered; or

(2) the public authority has reason to believe that the
release of the information may result in physical or emotional
harm to the other party.

new text begin Subd. 6. new text end

new text begin Required notice. new text end

new text begin Every court order or judgment
and decree that provides for child support, spousal maintenance,
custody, or parenting time must contain the notices required by
section 517C.99.
new text end

Sec. 6.

Minnesota Statutes 2004, section 518.01, is
amended to read:

518.01 VOID MARRIAGES.

deleted text begin All marriages which are deleted text end new text begin A marriage new text end prohibited by section
517.03 deleted text begin shall be absolutely deleted text end new text begin is new text end void deleted text begin , deleted text end without any decree of
dissolution or other legal proceedings; except if a person whose
husband or wife has been absent for four successive years,
without being known to the person to be living during that time,
marries during the lifetime of the absent husband or wife,
the new text begin subsequent new text end marriage deleted text begin shall be deleted text end new text begin is new text end void only from the time that
its nullity is duly adjudged. If the absentee is declared dead
in accordance with section 576.142, the subsequent
marriage deleted text begin shall deleted text end new text begin is new text end not deleted text begin be deleted text end void.

Sec. 7.

Minnesota Statutes 2004, section 518.02, is
amended to read:

518.02 VOIDABLE MARRIAGES.

A marriage deleted text begin shall deleted text end new text begin must new text end be declared a nullity deleted text begin under the
following circumstances deleted text end new text begin if new text end :

deleted text begin (a) deleted text end new text begin (1) new text end a party lacked capacity to consent to the marriage
at the time the marriage was solemnized deleted text begin , either deleted text end because of new text begin : (i)
new text end mental incapacity or infirmity deleted text begin and deleted text end new text begin if new text end the other party at the
time the marriage was solemnized did not know of the incapacity;
deleted text begin or because of deleted text end new text begin (ii) new text end the influence of alcohol, drugs, or other
incapacitating substances; or deleted text begin because deleted text end new text begin (iii) new text end consent of either
deleted text begin was deleted text end new text begin party having been new text end obtained by force or fraud deleted text begin and there was
deleted text end new text begin with new text end no subsequent voluntary cohabitation of the parties;

deleted text begin (b) deleted text end new text begin (2) new text end a party lacks the physical capacity to consummate
the marriage by sexual intercourse and the other party at the
time the marriage was solemnized did not know of the incapacity;

deleted text begin (c) deleted text end new text begin (3) new text end a party was under the age for marriage established
by section 517.02 new text begin , except as otherwise provided by section
517A.10 new text end .

Sec. 8.

Minnesota Statutes 2004, section 518.03, is
amended to read:

518.03 ACTION TO ANNUL; DECREE.

An annulment deleted text begin shall deleted text end new text begin must new text end be commenced deleted text begin and deleted text end new text begin , new text end the complaint
deleted text begin shall be deleted text end filed new text begin , new text end and proceedings had as in proceedings for
dissolution. Upon due proof of the nullity of the marriage, deleted text begin it
shall deleted text end new text begin the marriage must new text end be adjudged null and void.

The provisions of deleted text begin sections 518.54 to 518.66 deleted text end new text begin this chapter
and chapters 517B and 517C new text end relating to property rights of the
spouses, maintenance, support new text begin , new text end and custody of children on
dissolution of marriage are applicable to proceedings for
annulment.

Sec. 9.

Minnesota Statutes 2004, section 518.04, is
amended to read:

518.04 INSUFFICIENT GROUNDS FOR ANNULMENT.

No marriage deleted text begin shall deleted text end new text begin may new text end be adjudged a nullity on the ground
that one of the parties was under the age of legal consent if it
appears that the parties had voluntarily cohabited together as
husband and wife after having attained deleted text begin such deleted text end new text begin that new text end age deleted text begin ; nor
shall deleted text end new text begin . new text end The marriage of deleted text begin any deleted text end new text begin an new text end insane person new text begin must not new text end be
adjudged void after restoration new text begin of the insane person new text end to reason,
if it appears that the parties freely cohabited together as
husband and wife after deleted text begin such deleted text end new text begin the new text end restoration new text begin to reason new text end .

Sec. 10.

Minnesota Statutes 2004, section 518.05, is
amended to read:

518.05 ANNULMENT; WHEN TO BRING.

An annulment may be sought by any of the following persons
and must be commenced within the times specified, but in no
event may an annulment be sought after the death of either party
to the marriage:

deleted text begin (a) for a reason set forth in deleted text end new text begin (1) under new text end section 518.02,
clause deleted text begin (a) deleted text end new text begin (1) new text end , by either party or by the legal representative
of the party who lacked capacity to consent, no later than 90
days after the petitioner obtained knowledge of the described
condition;

deleted text begin (b) for the reason set forth in deleted text end new text begin (2) under new text end section 518.02,
clause deleted text begin (b) deleted text end new text begin (2) new text end , by either party no later than one year after the
petitioner obtained knowledge of the described condition;

deleted text begin (c) for the reason set forth in deleted text end new text begin (3) under new text end section 518.02,
clause deleted text begin (c) deleted text end new text begin (3) new text end , by the underaged party deleted text begin , deleted text end new text begin or new text end the party's parent or
guardian deleted text begin , deleted text end before the time the underaged party reaches the age at
which the party could have married without satisfying the
omitted requirement.

Sec. 11.

Minnesota Statutes 2004, section 518.055, is
amended to read:

518.055 PUTATIVE SPOUSE.

Any person who has cohabited with another to whom the
person is not legally married in the good faith belief that the
person was married to the other is a putative spouse until
knowledge of the fact that the person is not legally married
terminates the status and prevents acquisition of further
rights. A putative spouse acquires the rights conferred upon a
legal spouse, including the right to maintenance following
termination of the status, whether or not the marriage is
prohibited or declared a nullity. If there is a legal spouse or
other putative spouses, rights acquired by a putative spouse do
not supersede the rights of the legal spouse or those acquired
by other putative spouses, but the court deleted text begin shall deleted text end new text begin must new text end apportion
property, maintenance, and support rights among the claimants as
appropriate in the circumstances and in the interests of justice.

Sec. 12.

Minnesota Statutes 2004, section 518.06, is
amended to read:

518.06 DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS;
UNCONTESTED LEGAL SEPARATION.

Subdivision 1.

new text begin meaning and new text end effect deleted text begin of decrees deleted text end ; grounds.

A
dissolution of marriage is the termination of the marital
relationship between a husband and wife. A decree of
dissolution completely terminates the marital status of both
parties. A legal separation is a court determination of the
rights and responsibilities of a husband and wife arising out of
the marital relationship. A decree of legal separation does not
terminate the marital status of the parties. A dissolution of deleted text begin a
deleted text end marriage deleted text begin shall deleted text end new text begin must new text end be granted deleted text begin by a county or district court
when deleted text end new text begin if new text end the court finds that there has been an irretrievable
breakdown of the marriage relationship.

A deleted text begin decree of deleted text end legal separation deleted text begin shall deleted text end new text begin must new text end be granted deleted text begin when
deleted text end new text begin if new text end the court finds that one or both parties need a legal
separation.

Defenses to divorce, dissolution and legal separation,
including new text begin , new text end but not limited to new text begin , new text end condonation, connivance,
collusion, recrimination, insanity, and lapse of time, are
abolished.

Subd. 3.

Uncontested new text begin legal new text end separation.

If one or both
parties petition for a decree of legal separation and neither
party contests the granting of the decree nor petitions for a
decree of dissolution, the court deleted text begin shall deleted text end new text begin must new text end grant a decree of
legal separation.

Sec. 13.

Minnesota Statutes 2004, section 518.07, is
amended to read:

518.07 RESIDENCE OF PARTIES.

deleted text begin No deleted text end new text begin A new text end dissolution deleted text begin shall deleted text end new text begin must not new text end be granted unless (1) one
of the parties has resided in this state deleted text begin , deleted text end or deleted text begin has deleted text end been a member
of the armed services stationed in this state deleted text begin , deleted text end for deleted text begin not less than
deleted text end new text begin at least new text end 180 days immediately preceding the commencement of the
proceeding; or (2) one of the parties has been a domiciliary of
this state for deleted text begin not less than deleted text end new text begin at least new text end 180 days immediately
preceding commencement of the proceeding.

Sec. 14.

Minnesota Statutes 2004, section 518.09, is
amended to read:

518.09 PROCEEDING; HOW AND WHERE BROUGHT; VENUE.

A proceeding for dissolution or legal separation may be
brought by either or both spouses and deleted text begin shall be deleted text end new text begin is new text end commenced by
personal service of the summons and petition venued in the
county where either spouse resides. new text begin No summons is required if a
joint petition is filed. new text end If neither party resides in the state
and jurisdiction is based on the domicile of either
deleted text begin spouse deleted text end new text begin party new text end , the proceeding may be brought in the county where
either party is domiciled. If neither party resides or is
domiciled in this state and jurisdiction is premised upon one of
the parties being a member of the armed services stationed in
this state for not less than 180 days immediately preceding the
commencement of the proceeding, the proceeding may be brought in
the county where the member is stationed. This venue deleted text begin shall be
deleted text end new text begin is new text end subject to the new text begin court's new text end power deleted text begin of the court deleted text end to change the place
of hearing by consent of the parties, deleted text begin or when deleted text end new text begin if new text end it appears to
the court that an impartial hearing cannot be had in the county
where the proceedings are pending, or deleted text begin when deleted text end new text begin if new text end the convenience of
the parties or the ends of justice would be promoted by the
change. deleted text begin No summons shall be required if a joint petition is
filed.
deleted text end

Sec. 15.

Minnesota Statutes 2004, section 518.091,
subdivision 1, is amended to read:

Subdivision 1.

Temporary restraining orders.

(a) Every
summons must include the notice in this subdivision.
NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE
RESOLUTION PROVISIONS

UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE
FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION,
UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS
DISMISSED:

(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR
THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF
INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN
WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO
CONTEST THIS PROCEEDING;

(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND

(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE
MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR
BENEFICIARY DESIGNATION.

IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT
TO SANCTIONS BY THE COURT.

(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE
ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO
MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION INCLUDES
MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE
DISTRICT COURT RULES. YOU MAY CONTACT THE COURT ADMINISTRATOR
ABOUT RESOURCES IN YOUR AREA. new text begin IN SOME COUNTIES, new text end IF YOU CANNOT
PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, deleted text begin IN SOME
COUNTIES, deleted text end ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT
PROVIDER OR A COURT PROGRAM. IF YOU ARE A VICTIM OF DOMESTIC
ABUSE OR THREATS OF ABUSE AS DEFINED IN MINNESOTA STATUTES,
CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY MEDIATION AND YOU WILL
NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS.

(b) Upon service of the summons, the restraining provisions
contained in the notice apply by operation of law upon both
parties until modified by further order of the court or
dismissal of the proceeding, unless more than one year has
passed since the last document was filed with the court.

Sec. 16.

Minnesota Statutes 2004, section 518.10, is
amended to read:

518.10 REQUISITES OF PETITION.

deleted text begin The deleted text end new text begin A new text end petition for dissolution of marriage or legal
separation deleted text begin shall deleted text end new text begin must new text end state and allege:

deleted text begin (a) deleted text end new text begin (1) new text end the name, address, and, in circumstances in which
child support or spousal maintenance will be addressed, Social
Security number of the petitioner and any prior or other name
used by the petitioner;

deleted text begin (b) deleted text end new text begin (2) new text end the name and, if known, the address and, in
circumstances in which child support or spousal maintenance will
be addressed, Social Security number of the respondent and any
prior or other name used by the respondent and known to the
petitioner;

deleted text begin (c) deleted text end new text begin (3) new text end the place and date of the marriage of the parties;

deleted text begin (d) deleted text end new text begin (4) new text end in the case of a petition for dissolution, that
either the petitioner or the respondent or both:

deleted text begin (1) deleted text end new text begin (i) new text end has resided in this state for not less than 180
days immediately preceding the commencement of the proceeding deleted text begin ,
or deleted text end new text begin ;
new text end

deleted text begin (2) deleted text end new text begin (ii) new text end has been a member of the armed services and has
been stationed in this state for not less than 180 days
immediately preceding the commencement of the proceeding deleted text begin , deleted text end new text begin ; new text end or

deleted text begin (3) deleted text end new text begin (iii) new text end has been a domiciliary of this state for not less
than 180 days immediately preceding the commencement of the
proceeding;

deleted text begin (e) deleted text end new text begin (5) new text end the name at the time of the petition and any prior
or other name, Social Security number, age, and date of birth of
each living minor or dependent child of the parties born before
the marriage or born or adopted during the marriage and a
reference to, and the expected date of birth of, a child of the
parties conceived during the marriage but not born;

deleted text begin (f) deleted text end new text begin (6) new text end whether or not a separate proceeding for
dissolution, legal separation, or custody is pending in a court
in this state or elsewhere;

deleted text begin (g) deleted text end new text begin (7) new text end in the case of a petition for dissolution, that
there has been an irretrievable breakdown of the marriage
relationship;

deleted text begin (h) deleted text end new text begin (8) new text end in the case of a petition for legal separation,
that there is a need for a decree of legal separation;

deleted text begin (i) deleted text end new text begin (9) new text end any temporary or permanent maintenance, child
support, child custody, disposition of property, attorneys'
fees, costs and disbursements applied for without setting forth
the amounts; and

deleted text begin (j) deleted text end new text begin (10) new text end whether an order for protection under chapter 518B
or a similar law of another state that governs the parties or a
party and a minor child of the parties is in effect and, if so,
the district court or similar jurisdiction in which it was
entered.

The petition deleted text begin shall deleted text end new text begin must new text end be verified by the petitioner or
petitioners, and its allegations established by competent
evidence.

Sec. 17.

Minnesota Statutes 2004, section 518.11, is
amended to read:

518.11 SERVICE; ALTERNATE SERVICE; PUBLICATION.

(a) Unless a proceeding is brought by both parties, copies
of the summons and petition deleted text begin shall deleted text end new text begin must new text end be served on the
respondent personally.

(b) deleted text begin When deleted text end Service deleted text begin is deleted text end made out of this state and within the
United States deleted text begin , it deleted text end may be proved by the affidavit of the person
making the deleted text begin same deleted text end new text begin service new text end . deleted text begin When deleted text end Service deleted text begin is deleted text end made deleted text begin without
deleted text end new text begin outside of new text end the United States deleted text begin it deleted text end may be proved by the affidavit
of the person making the deleted text begin same deleted text end new text begin service new text end , taken before and
certified new text begin :
new text end

new text begin (1) new text end by any United States minister, charge d'affaires,
commissioner, consul or commercial agent, or other consular or
diplomatic officer of the United States appointed to reside
in deleted text begin such deleted text end new text begin the new text end country, including deleted text begin all deputies deleted text end new text begin a deputy new text end or other
deleted text begin representatives deleted text end new text begin representative new text end of deleted text begin such deleted text end new text begin the new text end officer authorized to
perform deleted text begin their deleted text end new text begin the officer's new text end duties; or

new text begin (2) new text end before an officer authorized to administer an oath with
the certificate of an officer of a court of record of the
country deleted text begin wherein such deleted text end new text begin in which the new text end affidavit is taken as to the
identity and authority of the officer taking the deleted text begin same deleted text end new text begin affidavit new text end .

(c) If personal service cannot be made, the court may order
service of the summons by alternate means. The application for
alternate service must include the last known location of the
respondent; the petitioner's most recent contacts with the
respondent; the last known location of the respondent's
employment; the names and locations of the respondent's parents,
siblings, children, and other close relatives; the names and
locations of other persons who are likely to know the
respondent's whereabouts; and a description of efforts to locate
those persons.

The court deleted text begin shall deleted text end new text begin must new text end consider the length of time the
respondent's location has been unknown, the likelihood that the
respondent's location will become known, the nature of the
relief sought, and the nature of efforts made to locate the
respondent. The court deleted text begin shall deleted text end new text begin must new text end order service by first class
mail, forwarding address requested, to any addresses where there
is a reasonable possibility that mail or information will be
forwarded or communicated to the respondent or, if no address so
qualifies, then to the respondent's last known address.

If the petitioner seeks disposition of real estate located
deleted text begin within the state of deleted text end new text begin in new text end Minnesota, the court deleted text begin shall deleted text end new text begin must new text end order
that the summons, which deleted text begin shall deleted text end new text begin must new text end contain the legal description
of the real estate, be published in the county where the real
estate is located. The court may also order publication, within
or without the state, but only if it might reasonably succeed in
notifying the respondent of the proceeding. Also, the court may
require the petitioner to make efforts to locate the respondent
by telephone calls to appropriate persons. Service deleted text begin shall be deleted text end new text begin is
new text end deemed complete 21 days after mailing or 21 days after
court-ordered publication.

Sec. 18.

Minnesota Statutes 2004, section 518.12, is
amended to read:

518.12 TIME FOR ANSWERING.

The respondent deleted text begin shall have deleted text end new text begin has new text end 30 days in which to answer
the petition. In case of service by publication, the 30
days deleted text begin shall deleted text end new text begin does new text end not begin to run until the expiration of the
period allowed for publication. In the case of a
counterpetition for dissolution or legal separation to a
petition for dissolution or legal separation, no answer deleted text begin shall be
deleted text end new text begin is new text end required to the counterpetition and the original
petitioner deleted text begin shall be deleted text end new text begin is new text end deemed to have denied each and every
statement, allegation new text begin , new text end and claim in the counterpetition.

Sec. 19.

Minnesota Statutes 2004, section 518.13, is
amended to read:

518.13 FAILURE TO ANSWER; FINDINGS; HEARING.

Subdivision 1.

Default.

If the respondent does not
appear after service duly made and proved, the court may hear
and determine the proceeding as a default matter.

Subd. 2.

Dispute over irretrievable breakdown.

If one of
the parties has denied under oath or affirmation that the
marriage is irretrievably broken, the court deleted text begin shall deleted text end new text begin must new text end consider
all relevant factors, including the circumstances that gave rise
to the commencement of the proceeding and the prospect of
reconciliation, and deleted text begin shall deleted text end make a finding whether the marriage is
irretrievably broken.

A finding of irretrievable breakdown under this subdivision
is a determination that there is no reasonable prospect of
reconciliation. The finding must be supported by evidence that
(i) the parties have lived separate and apart for a period of
not less than 180 days immediately preceding the commencement of
the proceeding, or (ii) there is serious marital discord
adversely affecting the attitude of one or both of the parties
toward the marriage.

Subd. 3.

Agreement over irretrievable breakdown.

If both
parties by petition or otherwise have stated under oath or
affirmation that the marriage is irretrievably broken deleted text begin , deleted text end or one of
the parties has so stated and the other has not denied it, the
court, after hearing, deleted text begin shall deleted text end new text begin must new text end make a finding that the
marriage is irretrievably broken.

Subd. 4.

Referee; open court.

The court or judge, upon
application, may refer the proceeding to a referee to take and
report the evidence deleted text begin therein deleted text end . Hearings for dissolution of
marriage deleted text begin shall deleted text end new text begin must new text end be heard in open court or before a referee
appointed by the court to receive the testimony of the
witnesses deleted text begin , deleted text end or depositions taken as in other equitable actions.
However, the court may in its discretion close the hearing.

Subd. 5.

Approval without hearing.

Proposed findings of
fact, conclusions of law, order for judgment, and judgment and
decree must be submitted to the court for approval and filing
without a final hearing in the following situations:

(1) if there are no minor children of the marriage, and (i)
the parties have entered into a written stipulation, or (ii) the
respondent has not appeared after service duly made and proved
by affidavit and at least 20 days have elapsed since the time
for answering under section 518.12 expired; or

(2) if there are minor children of the marriage, the
parties have signed and acknowledged a stipulation, and all
parties are represented by counsel.

Notwithstanding clause (1) or (2), the court deleted text begin shall deleted text end new text begin must
new text end schedule the matter for hearing deleted text begin in any case where deleted text end new text begin if new text end the
proposed judgment and decree does not appear to be in the best
interests of the minor children or is contrary to the interests
of justice.

Sec. 20.

Minnesota Statutes 2004, section 518.131, is
amended to read:

518.131 TEMPORARY ORDERS AND RESTRAINING ORDERS.

Subdivision 1.

Permissible orders.

In a proceeding
brought for custody, dissolution, or legal separation, or for
disposition of property deleted text begin , deleted text end new text begin or new text end maintenance deleted text begin , or child support
deleted text end following the dissolution of a marriage, either party may, by
motion, request from the court and the court may grant a
temporary order pending the final disposition of the proceeding
to or for:

deleted text begin (a) deleted text end new text begin (1) new text end temporary custody and parenting time regarding the
minor children of the parties;

deleted text begin (b) deleted text end new text begin (2) new text end temporary maintenance of either spouse;

deleted text begin (c) Temporary child support for the children of the
parties;
deleted text end

deleted text begin (d) deleted text end new text begin (3) new text end temporary costs and reasonable attorney fees;

deleted text begin (e) Award the deleted text end new text begin (4) new text end temporary use and possession, exclusive
or otherwise, of the family home, furniture, household goods,
automobiles, and other property of the parties;

deleted text begin (f) deleted text end new text begin (5) new text end restrain one or both parties from transferring,
encumbering, concealing, or disposing of property except in the
usual course of business or for the necessities of life, and to
account to the court for all such transfers, encumbrances,
dispositions, and expenditures made after the order is served or
communicated to the party restrained in open court;

deleted text begin (g) deleted text end new text begin (6) new text end restrain one or both parties from harassing,
vilifying, mistreating, molesting, disturbing the peace, or
restraining the liberty of the other party or the children of
the parties;

deleted text begin (h) deleted text end new text begin (7) new text end restrain one or both parties from removing any
minor child of the parties from the jurisdiction of the court;

deleted text begin (i) deleted text end new text begin (8) new text end exclude a party from the family home of the parties
or from the home of the other party; and

deleted text begin (j) deleted text end new text begin (9) new text end require one or both of the parties to perform or to
not perform deleted text begin such deleted text end additional acts deleted text begin as deleted text end new text begin that new text end will facilitate the
just and speedy disposition of the proceeding deleted text begin , deleted text end or deleted text begin will deleted text end protect
the parties or their children from physical or emotional harm.

Subd. 2.

Impermissible orders.

deleted text begin No deleted text end new text begin A new text end temporary order
deleted text begin shall deleted text end new text begin must not new text end :

deleted text begin (a) deleted text end new text begin (1) new text end deny parenting time to a parent unless the court
finds that the parenting time is likely to cause physical or
emotional harm to the child;

deleted text begin (b) deleted text end new text begin (2) new text end exclude a party from the family home of the parties
unless the court finds that physical or emotional harm to one of
the parties or to the children of the parties is likely to
result, or that the exclusion is reasonable in the
circumstances; or

deleted text begin (c) deleted text end new text begin (3) new text end vacate or modify an order granted under section
518B.01, subdivision 6, paragraph (a), clause (1), restraining
an abusing party from committing acts of domestic abuse, except
that the court may hear a motion for modification of an order
for protection concurrently with a proceeding for dissolution of
marriage upon notice of motion and motion. The notice required
by court rule deleted text begin shall deleted text end new text begin must new text end not be waived. If the proceedings are
consolidated and the motion to modify is granted, a separate
order for modification of an order for protection deleted text begin shall deleted text end new text begin must new text end be
issued.

Subd. 3.

Ex parte restraining order; limitations.

A
party may request and the court may make an ex parte restraining
order deleted text begin which may include deleted text end new text begin that includes new text end any matter that may be
included in a temporary order except new text begin it may not new text end :

deleted text begin (a) A restraining order may not deleted text end new text begin (1) new text end exclude either party
from the family home of the parties except upon a finding by the
court of immediate danger of physical harm to the other party or
the children of either party; deleted text begin and deleted text end new text begin or
new text end

deleted text begin (b) A restraining order may not deleted text end new text begin (2) new text end deny parenting time to
either party or grant custody of the minor children to either
party except upon a finding by the court of immediate danger of
physical harm to the minor children of the parties.

Subd. 4.

Hearing on restraining order; duration.

new text begin A
new text end restraining deleted text begin orders shall deleted text end new text begin order must new text end be personally served upon
the party to be restrained deleted text begin and shall be accompanied deleted text end new text begin along new text end with a
notice of the time and place of new text begin a new text end hearing new text begin for a temporary order
new text end for disposition of the matters contained in the restraining
order deleted text begin at a hearing for a temporary order deleted text end . deleted text begin When deleted text end new text begin If new text end a restraining
order has been issued, a hearing on the temporary order deleted text begin shall
deleted text end new text begin must new text end be held at the earliest practicable date. The restrained
party may upon written notice to the other party advance the
hearing date to a time earlier than that noticed by the other
party. The restraining order deleted text begin shall continue deleted text end new text begin continues new text end in full
force and effect only until the hearing time noticed, unless the
court, for good cause and upon notice extends the time for
hearing.

Subd. 5.

Duration of temporary order.

A temporary
order deleted text begin shall continue deleted text end new text begin continues new text end in full force and effect until
the earlier of its amendment or vacation, dismissal of the main
action new text begin , new text end or entry of a final decree of dissolution or legal
separation.

Subd. 6.

Effect of dismissal of main action.

If a
proceeding for dissolution or legal separation is dismissed, a
temporary custody order is vacated unless one of the parties or
the child's custodian moves that the proceeding continue as a
custody proceeding and the court finds, after a hearing, that
the circumstances of the parties and the best interests of the
child require that a custody order be issued.

Subd. 7.

Guiding factors.

The court deleted text begin shall deleted text end new text begin must new text end be guided
by the factors set forth in sections deleted text begin 518.551 (concerning child
support), deleted text end 518.552 (concerning maintenance), deleted text begin 518.17 to 518.175
deleted text end new text begin 517B.17, 517B.18, and 517B.25 new text end (concerning custody and parenting
time), and 518.14 (concerning costs and attorney fees) in making
temporary orders and restraining orders.

Subd. 8.

Basis for order.

Temporary orders deleted text begin shall deleted text end new text begin must new text end be
made solely on the basis of affidavits and argument of counsel
except upon demand by either party in a motion or responsive
motion made within the time limit for making and filing a
responsive motion that the matter be heard on oral testimony
before the court, or if the court in its discretion orders the
taking of oral testimony.

Subd. 9.

Prejudicial effect; revocation; modification.

A
temporary order or restraining order:

deleted text begin (a) Shall deleted text end new text begin (1) must new text end not prejudice the rights of the parties
or the child which are to be adjudicated at subsequent hearings
in the proceeding; and

deleted text begin (b) deleted text end new text begin (2) new text end may be revoked or modified by the court before the
final disposition of the proceeding upon the same grounds and
subject to the same requirements as the initial granting of the
order.

Subd. 10.

Misdemeanor.

In addition to being punishable
by contempt, a violation of a provision of a temporary order or
restraining order granting the relief authorized in subdivision
1, clause deleted text begin (g) deleted text end new text begin (6) new text end , deleted text begin (h) deleted text end new text begin (7) new text end , or deleted text begin (i) deleted text end new text begin (8) new text end , is a misdemeanor.

Subd. 11.

Temporary deleted text begin support and deleted text end maintenance.

Temporary deleted text begin support and deleted text end maintenance may be ordered during the time
a parenting plan is being developed under section 518.1705.

Sec. 21.

Minnesota Statutes 2004, section 518.14,
subdivision 1, is amended to read:

Subdivision 1.

General.

new text begin (a) new text end Except as provided in
subdivision 2, in a proceeding under this chapter new text begin or chapter
517B or 517C new text end , the court deleted text begin shall deleted text end new text begin must new text end award attorney fees, costs,
and disbursements in an amount necessary to enable a party to
carry on or contest the proceeding, deleted text begin provided deleted text end new text begin if new text end it finds new text begin that new text end :

(1) deleted text begin that deleted text end the fees are necessary for the good-faith
assertion of the party's rights in the proceeding and will not
contribute unnecessarily to the length and expense of the
proceeding;

(2) deleted text begin that deleted text end the party from whom fees, costs, and disbursements
are sought has the means to pay them; and

(3) deleted text begin that deleted text end the party to whom fees, costs, and disbursements
are awarded does not have the means to pay them.

new text begin (b) new text end Nothing in this section precludes the court from
awarding, in its discretion, additional fees, costs, and
disbursements against a party who unreasonably contributes to
the length or expense of the proceeding. Fees, costs, and
disbursements provided for in this section may be awarded at any
point in the proceeding, including a modification proceeding
under sections 518.18 and 518.64. The court may adjudge costs
and disbursements against either party. The court may authorize
the collection of money awarded by execution, deleted text begin or deleted text end out of property
sequestered, or in any other manner within the power of the
court. An award of attorney's fees made by the court during the
pendency of the proceeding or in the final judgment survives the
proceeding and if not paid by the party directed to pay deleted text begin the same
deleted text end new text begin them new text end may be enforced deleted text begin as above provided deleted text end new text begin in the manner provided in
this paragraph new text end or by a separate civil action brought in the
attorney's own name. If the proceeding is dismissed or
abandoned prior to determination and award of attorney's fees,
the court may nevertheless award attorney's fees upon the
attorney's motion. The award deleted text begin shall also survive deleted text end new text begin survives new text end the
proceeding and may be enforced in the deleted text begin same deleted text end manner deleted text begin as last above
deleted text end provided new text begin in this paragraph new text end .

Sec. 22.

Minnesota Statutes 2004, section 518.148, is
amended to read:

518.148 CERTIFICATION OF DISSOLUTION.

Subdivision 1.

Certificate of dissolution.

An attorney
or pro se party may prepare and submit to the court a separate
certificate of dissolution to be attached to the judgment and
decree at the time of granting the dissolution of marriage.
Upon approval by the court and filing of the certificate of
dissolution with the court administrator, the court
administrator deleted text begin shall deleted text end new text begin must new text end provide to any party upon request
certified copies of the certificate of dissolution.

Subd. 2.

Required information.

The certificate deleted text begin shall
deleted text end new text begin must new text end include the following information:

(1) the full caption and file number of the case and the
title "Certificate of Dissolution";

(2) the names and any prior or other names of the parties
to the dissolution;

(3) the names of any living minor or dependent children as
identified in the judgment and decree;

(4) that the marriage of the parties is dissolved;

(5) the date of the judgment and decree; and

(6) the Social Security number of the parties to the
dissolution and the Social Security number of any living minor
or dependent children identified in the judgment and decree.

Subd. 3.

Certification.

The certificate of
dissolution deleted text begin shall be deleted text end new text begin is new text end conclusive evidence of the facts recited
in the certificate.

Sec. 23.

Minnesota Statutes 2004, section 518.191,
subdivision 1, is amended to read:

Subdivision 1.

Abbreviated judgment and decree.

If real
estate is described in a judgment and decree of dissolution, the
court may direct either of the parties or their legal counsel to
prepare and submit to the court a proposed summary real estate
disposition judgment. Upon approval by the court and filing of
the summary real estate disposition judgment with the court
administrator, the court administrator deleted text begin shall deleted text end new text begin must new text end provide to any
party upon request certified copies of the summary real estate
disposition judgment.

Sec. 24.

Minnesota Statutes 2004, section 518.195,
subdivision 2, is amended to read:

Subd. 2.

Procedure.

A couple qualifying under all of the
criteria in subdivision 1, may obtain a judgment and decree by:

(1) filing a sworn joint declaration, on which both of
their signatures must be notarized, containing or appending the
following information:

(i) the demographic data required in section 518.10;

(ii) verifying the qualifications set forth in subdivision
1;

(iii) listing each party's nonmarital property;

(iv) setting forth how the marital assets and debts will be
apportioned;

(v) verifying both parties' income and preserving their
rights to spousal maintenance; and

(vi) certifying that there has been no domestic abuse of
one party by the other; and

(2) viewing any introductory and summary process
educational videotapes, if then available from the court, and
certifying that they watched any such tapes within the 30 days
preceding the filing of the joint declaration.

The district court administrator deleted text begin shall deleted text end new text begin must new text end enter a decree
of dissolution 30 days after the filing of the joint declaration
if the parties meet the statutory qualifications and have
complied with the procedural requirements of this subdivision.

Sec. 25.

Minnesota Statutes 2004, section 518.195,
subdivision 3, is amended to read:

Subd. 3.

Forms.

The state court administrator deleted text begin shall deleted text end new text begin must
new text end develop simplified forms and instructions for the summary
process. District court administrators deleted text begin shall deleted text end new text begin must new text end make the
forms for the summary process available upon request and deleted text begin shall
deleted text end new text begin must new text end accept joint declarations for filing deleted text begin on and after July 1,
1997 deleted text end .

Sec. 26.

Minnesota Statutes 2004, section 518.24, is
amended to read:

518.24 SECURITY; SEQUESTRATION; CONTEMPT.

deleted text begin In all cases when deleted text end new text begin If new text end maintenance deleted text begin or support deleted text end payments are
ordered, the court may require sufficient security to be given
for the payment of them according to the terms of the order.
Upon neglect or refusal to give security deleted text begin , deleted text end or deleted text begin upon deleted text end failure to pay
the maintenance deleted text begin or support deleted text end , the court may sequester the
obligor's personal estate and the rents and profits of real
estate of the obligor deleted text begin , deleted text end and appoint a receiver of them. The
court may cause the personal estate and the rents and profits of
the real estate to be applied according to the terms of the
order. The obligor is presumed to have an income from a source
sufficient to pay the maintenance deleted text begin or support deleted text end order. A deleted text begin child
support or deleted text end maintenance order constitutes prima facie evidence
that the obligor has the ability to pay the award. If the
obligor disobeys the order, it is prima facie evidence of
contempt. The court may cite the obligor for contempt under
this section, section 518.617, or chapter 588.

Sec. 27.

Minnesota Statutes 2004, section 518.25, is
amended to read:

518.25 REMARRIAGE; REVOCATION.

deleted text begin When a dissolution has been granted, and the parties
afterward intermarry deleted text end new text begin If two people remarry each other after
dissolution of their prior marriage new text end , the court, upon their joint
application deleted text begin , deleted text end and deleted text begin upon deleted text end satisfactory proof of deleted text begin such deleted text end new text begin the new text end marriage,
may revoke all decrees and orders of dissolution, maintenance,
and subsistence deleted text begin which will deleted text end new text begin that do new text end not affect the rights of
third persons.

Sec. 28.

Minnesota Statutes 2004, section 518.27, is
amended to read:

518.27 NAME OF PARTY.

Except as provided in section 259.13, in the final decree
of dissolution or legal separation the court deleted text begin shall deleted text end new text begin must new text end , if
requested by a party, change the name of that party to another
name as the party requests. The court deleted text begin shall deleted text end new text begin must new text end grant a
request unless it finds that there is an intent to defraud or
mislead, unless the name change is subject to section 259.13, in
which case the requirements of that section apply. The
court deleted text begin shall deleted text end new text begin must new text end notify the parties that use of a different
surname after dissolution or legal separation without complying
with section 259.13, if applicable, is a gross misdemeanor. The
party's new name deleted text begin shall deleted text end new text begin must new text end be so designated in the final decree.

Sec. 29.

Minnesota Statutes 2004, section 518.54,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin terms deleted text end new text begin scope new text end .

deleted text begin For the purposes of sections
518.54 to 518.66, the terms defined deleted text end new text begin The definitions new text end in this
section deleted text begin shall have the meanings respectively ascribed to
them deleted text end new text begin apply to sections 517A.31 to 517A.41 new text end .

Sec. 30.

Minnesota Statutes 2004, section 518.54,
subdivision 5, is amended to read:

Subd. 5.

Marital property; exceptions.

"Marital
property" means deleted text begin property, deleted text end real or personal new text begin property new text end , including
vested public or private pension plan benefits or rights,
acquired by new text begin one or both of new text end the parties deleted text begin , or either of them, deleted text end 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 deleted text begin shall be deleted text end new text begin is new text end 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 deleted text begin shall deleted text end new text begin must new text end 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 new text begin :
new text end

deleted text begin (a) deleted text end new text begin (1) new text end is acquired as a gift, bequest, devise new text begin , new text end or
inheritance made by a third party to one but not to the other
spouse;

deleted text begin (b) deleted text end new text begin (2) new text end is acquired before the marriage;

deleted text begin (c) deleted text end new text begin (3) new text end is acquired in exchange for or is the increase in
value of property which is described in deleted text begin clauses (a), (b), (d),
and (e) deleted text end new text begin clause (1), (2), (4), or (5) new text end ;

deleted text begin (d) deleted text end new text begin (4) new text end is acquired by a spouse after the valuation date;
or

deleted text begin (e) deleted text end new text begin (5) new text end is excluded by a valid antenuptial contract.

Sec. 31.

Minnesota Statutes 2004, section 518.54,
subdivision 6, is amended to read:

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, new text begin and new text end annuity, military deleted text begin and
deleted text end new text begin or new text end naval retirement, pension deleted text begin and deleted text end new text begin or new text end disability payments.
new text begin "Income" does not include new text end benefits received under Title IV-A of
the Social Security Act deleted text begin and deleted text end new text begin or new text end chapter 256J deleted text begin are not income under
this section deleted text end .

Sec. 32.

Minnesota Statutes 2004, section 518.54,
subdivision 7, is amended to read:

Subd. 7.

Obligee.

"Obligee" means a person to whom
payments for maintenance deleted text begin or support deleted text end are owed.

Sec. 33.

Minnesota Statutes 2004, section 518.54,
subdivision 8, is amended to read:

Subd. 8.

Obligor.

"Obligor" means a person obligated to
pay maintenance deleted text begin or support deleted text end . deleted text begin A person who is designated as the
sole physical custodian of a child is presumed not to be an
obligor for purposes of calculating current support under
section 518.551 unless the court makes specific written findings
to overcome this presumption.
deleted text end

Sec. 34.

Minnesota Statutes 2004, section 518.55, is
amended to read:

518.55 MAINTENANCE OR SUPPORT MONEY.

Subdivision 1.

Contents of order.

Every award of
maintenance or support money in a judgment of dissolution or
legal separation deleted text begin shall deleted text end new text begin must new text end clearly designate whether deleted text begin the same
deleted text end new text begin it new text end is maintenance or support money, or what part of the award is
maintenance and what part is support money. An award of
payments from future income or earnings of the parent with whom
the child resides is presumed to be maintenance and an award of
payments from the future income or earnings of the parent with
whom the child does not reside is presumed to be support money,
unless otherwise designated by the court. In a judgment of
dissolution or legal separation the court may determine, as one
of the issues of the case, whether or not either spouse is
entitled to an award of maintenance notwithstanding that no
award is then made, or it may reserve jurisdiction of the issue
of maintenance for determination at a later date.

Subd. 3.

Notice of address or residence change.

Every
obligor deleted text begin shall deleted text end new text begin must new text end notify the obligee and the public authority
responsible for collection, if applicable, of a change of
address or residence within 60 days of the address or residence
change. Every order for deleted text begin support or deleted text end maintenance must contain a
conspicuous notice complying with section deleted text begin 518.68, subdivision
2 deleted text end new text begin 517C.99 new text end . The court may waive or modify the requirements of
this subdivision by order if necessary to protect the obligor
from contact by the obligee.

Subd. 4.

Determination of controlling order.

The public
authority or a party may request the district court to determine
a controlling order in situations in which more than one order
involving the same obligor and child exists.

Sec. 35.

Minnesota Statutes 2004, section 518.552, is
amended to read:

518.552 MAINTENANCE.

Subdivision 1.

Grounds.

In a proceeding for dissolution
of marriage or legal separation, or in a proceeding for
maintenance following dissolution of the marriage by a court
which lacked personal jurisdiction over the absent spouse and
which has since acquired jurisdiction, the court may grant a
maintenance order for either spouse if it finds that the spouse
seeking maintenance:

deleted text begin (a) deleted text end new text begin (1) new text end lacks sufficient property, including marital
property apportioned to the spouse, to provide for reasonable
needs of the spouse considering the standard of living
established during the marriage, especially, but not limited to,
a period of training or education deleted text begin , deleted text end new text begin ; new text end or

deleted text begin (b) deleted text end new text begin (2) new text end is unable to provide adequate self-support, after
considering the standard of living established during the
marriage and all relevant circumstances, through appropriate
employment deleted text begin , deleted text end new text begin ; new text end or deleted text begin is the custodian of
deleted text end

new text begin (3) if new text end a child deleted text begin whose deleted text end new text begin resides with the spouse and the
child's new text end condition or circumstances make it appropriate that
the deleted text begin custodian deleted text end new text begin spouse new text end not be required to seek employment outside
the home.

Subd. 2.

Amount; duration.

The maintenance order deleted text begin shall
deleted text end new text begin must new text end be in amounts and for periods deleted text begin of time deleted text end , either temporary or
permanent, deleted text begin as deleted text end new text begin that new text end the court deems just, without regard to
marital misconduct deleted text begin , deleted text end and after considering all relevant factors
including:

deleted text begin (a) deleted text end new text begin (1) new text end the financial resources of the party seeking
maintenance, including marital property apportioned to the
party, and the party's ability to meet needs independently,
including the extent to which a provision for support of a child
living with the party includes a sum for that party as deleted text begin custodian
deleted text end new text begin caretaker new text end ;

deleted text begin (b) deleted text end new text begin (2) new text end the time necessary to acquire sufficient education
or training to enable the party seeking maintenance to find
appropriate employment, and the probability, given the party's
age and skills, of completing education or training and becoming
fully or partially self-supporting;

deleted text begin (c) deleted text end new text begin (3) new text end the standard of living established during the
marriage;

deleted text begin (d) deleted text end new text begin (4) new text end the duration of the marriage and, in the case of a
homemaker, the length of absence from employment and the extent
to which any education, skills, or experience have become
outmoded and earning capacity has become permanently diminished;

deleted text begin (e) deleted text end new text begin (5) new text end the loss of earnings, seniority, retirement
benefits, and other employment opportunities forgone by the
spouse seeking deleted text begin spousal deleted text end maintenance;

deleted text begin (f) deleted text end new text begin (6) new text end the age deleted text begin , deleted text end and the physical and emotional condition
of the spouse seeking maintenance;

deleted text begin (g) deleted text end new text begin (7) new text end the ability of the spouse from whom maintenance is
sought to meet needs while meeting those of the spouse seeking
maintenance; and

deleted text begin (h) deleted text end new text begin (8) new text end the contribution of each party in the acquisition,
preservation, depreciation, or appreciation in the amount or
value of the marital property, as well as the contribution of a
spouse as a homemaker or in furtherance of the other party's
employment or business.

Subd. 3.

Permanency of award.

deleted text begin Nothing in deleted text end This section
deleted text begin shall deleted text end new text begin must not new text end be construed to favor a temporary award of
maintenance over a permanent award deleted text begin , where deleted text end new text begin if new text end the factors under
subdivision 2 justify a permanent award.

deleted text begin Where deleted text end new text begin If new text end there is some uncertainty as to the necessity of a
permanent award, the court deleted text begin shall deleted text end new text begin must new text end order a permanent award
leaving its order open for later modification.

Subd. 4.

Reopening maintenance awards.

Section 518.145,
subdivision 2, applies to new text begin maintenance new text end awards deleted text begin of spousal
maintenance deleted text end .

Subd. 5.

Private agreements.

The parties may expressly
preclude or limit modification of maintenance through a
stipulation deleted text begin , deleted text end if the court makes specific findings that the
stipulation is fair deleted text begin and deleted text end new text begin , new text end equitable, deleted text begin is deleted text end new text begin and new text end supported by
consideration described in the findings deleted text begin , deleted text end and that full
disclosure of each party's financial circumstances has
occurred. The stipulation must be made a part of the judgment
and decree.

Sec. 36.

Minnesota Statutes 2004, section 518.58, is
amended to read:

518.58 DIVISION OF MARITAL PROPERTY.

Subdivision 1.

General.

Upon a dissolution of a
marriage, an annulment, or in a proceeding for disposition of
property following a dissolution of marriage by a court which
lacked personal jurisdiction over the absent spouse or lacked
jurisdiction to dispose of the property and which has since
acquired jurisdiction, the court deleted text begin shall deleted text end new text begin must new text end make a just and
equitable division of the marital property of the parties
without regard to marital misconduct, after making findings
regarding the division of the property. The court deleted text begin shall deleted text end new text begin must
new text end base its findings on all relevant factors including the length
of the marriage, any prior marriage of a party, the age, health,
station, occupation, amount and sources of income, vocational
skills, employability, estate, liabilities, needs, opportunity
for future acquisition of capital assets, and income of each
party. The court deleted text begin shall deleted text end new text begin must new text end also consider the contribution of
each in the acquisition, preservation, depreciation new text begin , new text end or
appreciation in the amount or value of the marital property, as
well as the contribution of a spouse as a homemaker. It deleted text begin shall
be deleted text end new text begin is new text end conclusively presumed that each spouse made a substantial
contribution to the acquisition of income and property while
they were living together as husband and wife. The court may
also award to either spouse the household goods and furniture of
the parties, whether or not acquired during the marriage. The
court deleted text begin shall deleted text end new text begin must new text end value marital assets for purposes of division
between the parties as of the day of the initially scheduled
prehearing settlement conference, unless a different date is
agreed upon by the parties deleted text begin , deleted text end or deleted text begin unless deleted text end the court makes specific
findings that another date of valuation is fair and equitable.
If there is a substantial change in value of an asset between
the date of valuation and the final distribution, the court may
adjust the valuation of that asset as necessary to effect an
equitable distribution.

Subd. 1a.

Transfer, encumbrance, concealment, or
disposition of marital assets.

new text begin In contemplation of commencing
or new text end during the pendency of a marriage dissolution, separation, or
annulment proceeding, deleted text begin or in contemplation of commencing a
marriage dissolution, separation, or annulment proceeding, deleted text end each
party owes a fiduciary duty to the other for any profit or loss
derived by the party, without the consent of the other, from a
transaction or from any use by the party of the marital assets.
If the court finds that a party to a marriage, without consent
of the other party, has in contemplation of commencing deleted text begin , deleted text end or
during the pendency of deleted text begin , deleted text end the current dissolution, separation, or
annulment proceeding, transferred, encumbered, concealed, or
disposed of marital assets except in the usual course of
business or for the necessities of life, the court deleted text begin shall deleted text end new text begin must
new text end compensate the other party by placing both parties in the same
position that they would have been in had the transfer,
encumbrance, concealment, or disposal not occurred. The burden
of proof under this subdivision is on the party claiming that
the other party transferred, encumbered, concealed, or disposed
of marital assets in contemplation of commencing or during the
pendency of the current dissolution, separation, or annulment
proceeding deleted text begin , deleted text end without consent of the claiming party, and that the
transfer, encumbrance, concealment, or disposal was not in the
usual course of business or for the necessities of life. In
compensating a party under this section, the court, in dividing
the marital property, may impute the entire value of an asset
and a fair return on the asset to the party who transferred,
encumbered, concealed, or disposed of it. Use of a power of
attorney deleted text begin , deleted text end or the absence of a restraining order against the
transfer, encumbrance, concealment, or disposal of marital
property is not available as a defense under this subdivision.

Subd. 2.

Award of nonmarital property.

If the court
finds that either spouse's resources or property, including the
spouse's portion of the marital property as defined in section
518.54, subdivision 5, are so inadequate as to work an unfair
hardship, considering all relevant circumstances, the court may,
in addition to the marital property, apportion up to one-half of
the property otherwise excluded under section 518.54,
subdivision 5, clauses deleted text begin (a) deleted text end new text begin (1) new text end to deleted text begin (d) deleted text end new text begin (4) new text end , to prevent the unfair
hardship. If the court apportions property other than marital
property, it deleted text begin shall deleted text end new text begin must new text end make findings in support of the
apportionment. The findings deleted text begin shall deleted text end new text begin must new text end be based on all relevant
factors including the length of the marriage, any prior marriage
of a party, the age, health, station, occupation, amount and
sources of income, vocational skills, employability, estate,
liabilities, needs, and opportunity for future acquisition of
capital assets and income of each party.

Subd. 3.

Sale or distribution while proceeding pending.

(a) If the court finds that it is necessary to preserve the
marital assets of the parties, the court may order the sale of
the homestead of the parties or the sale of other marital
assets, as the individual circumstances may require, during the
pendency of a proceeding for a dissolution of marriage or an
annulment. If the court orders a sale, it may further provide
for the disposition of the funds received from the sale during
the pendency of the proceeding. If liquid or readily liquidated
marital property other than property representing vested pension
benefits or rights is available, the court, so far as possible,
deleted text begin shall deleted text end new text begin must new text end divide the property representing vested pension
benefits or rights by the disposition of an equivalent amount of
the liquid or readily liquidated property.

(b) The court may order a partial distribution of marital
assets during the pendency of a proceeding for a dissolution of
marriage or an annulment for good cause shown or upon the
request of both parties deleted text begin , provided that deleted text end new text begin as long as new text end the court
deleted text begin shall deleted text end fully deleted text begin protect deleted text end new text begin protects new text end the interests of the other party.

Subd. 4.

Pension plans.

(a) The division of marital
property that represents pension plan benefits or rights in the
form of future pension plan payments:

(1) is payable only to the extent of the amount of the
pension plan benefit payable under the terms of the plan;

(2) is not payable for a period that exceeds the time that
pension plan benefits are payable to the pension plan benefit
recipient;

(3) is not payable in a lump sum amount from pension plan
assets attributable in any fashion to a spouse with the status
of an active member, deferred retiree, or benefit recipient of a
pension plan;

(4) if the former spouse to whom the payments are to be
made dies prior to the end of the specified payment period with
the right to any remaining payments accruing to an estate or to
more than one survivor, is payable only to a trustee on behalf
of the estate or the group of survivors for subsequent
apportionment by the trustee; and

(5) in the case of public pension plan benefits or rights,
may not commence until the public plan member submits a valid
application for a public pension plan benefit and the benefit
becomes payable.

(b) deleted text begin The deleted text end new text begin An new text end individual retirement account deleted text begin plans deleted text end new text begin plan
new text end established under chapter 354B may provide in its plan document,
if published and made generally available, for an alternative
marital property division or distribution of individual
retirement account plan assets. If an alternative division or
distribution procedure is provided, it applies in place of
paragraph (a), clause (5).

Sec. 37.

Minnesota Statutes 2004, section 518.581, is
amended to read:

518.581 SURVIVING SPOUSE BENEFIT.

Subdivision 1.

Award of benefit.

If a current or former
employee's marriage is dissolved, the court may order the
employee, the employee's pension plan, or both, to pay amounts
as part of the division of pension rights that the court may
make under section 518.58, or as an award of maintenance in the
form of a percentage of periodic or other payments or in the
form of a fixed dollar amount. The court may, as part of the
order, award a former spouse all or part of a survivor benefit
unless the plan does not allow by law the payment of a surviving
spouse benefit to a former spouse.

Subd. 2.

Payment of funds by retirement plan.

(a) If the
court has ordered that a spouse has an interest in a pension
plan, the court may order the pension plan to withhold payment
of a refund upon termination of employment or lump sum
distribution to the extent of the spouse's interest in the plan deleted text begin ,
deleted text end or to provide survivor benefits ordered by the court.

(b) The court may not order the pension plan to:

(1) pay more than the equivalent of one surviving spouse
benefit, regardless of the number of spouses or former spouses
who may be sharing in a portion of the total benefit;

(2) pay surviving spouse benefits under circumstances where
the plan member does not have a right to elect surviving spouse
benefits;

(3) pay surviving spouse benefits to a former spouse if the
former spouse would not be eligible for benefits under the terms
of the plan; or

(4) deleted text begin order deleted text end new text begin pay new text end survivor benefits which, when combined with
the annuity or benefit payable to the pension plan member,
exceed the actuarial equivalent value of the normal retirement
annuity form, determined under the plan documents of the pension
plan then in effect and the actuarial assumptions then in effect
for calculating optional annuity forms by the pension plan or
for calculating the funding requirements of the pension plan if
no optional annuity forms are provided by the pension plan.

(c) If more than one spouse or former spouse is entitled to
a surviving spouse benefit, the pension plan deleted text begin shall deleted text end new text begin must new text end pay each
spouse a portion of the benefit based on the ratio of the number
of years the spouse was married to the plan member to the total
number of years the plan member was married to spouses who are
entitled to the benefit.

Subd. 3.

Notice to former spouse.

A pension plan
deleted text begin shall deleted text end new text begin must new text end notify a former spouse of an application by the
employee for a refund of pension benefits if the former spouse
has filed with the pension plan:

(1) a copy of the court order, including a withholding
order, determining the former spouse's rights;

(2) the name and last known address of the employee; and

(3) the name and address of the former spouse.

A pension plan deleted text begin shall deleted text end new text begin must new text end comply with an order, including a
withholding order, issued by a court having jurisdiction over
dissolution of marriage that is served on the pension plan, if
the order states the name, last known address of the payees, and
name and address of the former spouse deleted text begin , deleted text end or if the names and
addresses are provided to the pension plan with service of the
order.

Subd. 4.

Definitions.

deleted text begin For purposes of deleted text end new text begin The definitions in
this subdivision apply to new text end this section deleted text begin , the following terms have
the meanings given in this subdivision deleted text end .

(a) "Current or former employee" or "employee" means an
individual who has an interest in a pension plan.

(b) "Surviving spouse benefit" means (1) a benefit a
surviving spouse may be eligible for under the laws and bylaws
of the pension plan if the employee dies before retirement, or
(2) a benefit selected for or available to a surviving spouse
under the laws and bylaws of the pension plan upon the death of
the employee after retirement.

Sec. 38.

Minnesota Statutes 2004, section 518.582, is
amended to read:

518.582 PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.

Subdivision 1.

Appointment of actuary.

deleted text begin Each deleted text end new text begin A new text end court of
this state deleted text begin that has deleted text end new text begin with new text end jurisdiction to decide marriage
dissolution matters may appoint a qualified person experienced
in the valuation of pension benefits and rights to function as
an expert witness in valuing pension benefits or rights.

Subd. 2.

Standards.

new text begin (a) new text end A court new text begin - new text end appointed actuary deleted text begin shall
deleted text end new text begin must new text end determine the present value of pension benefits or rights
that are marital property of the parties to the action new text begin :
new text end

new text begin (1) new text end based on the applicable plan documents of the pension
plan and the applicable actuarial assumptions specified for use
in calculating optional annuity forms by the pension plan or for
funding the pension plan, if reasonable deleted text begin , deleted text end new text begin ; new text end or

new text begin (2) new text end as specified by the court.

new text begin (b) new text end The court new text begin - new text end appointed actuary deleted text begin shall deleted text end new text begin must new text end report to the
court and to the parties the present value of the pension
benefits or rights that are marital property.

Subd. 3.

Compensation.

The court new text begin - new text end appointed actuary may
be compensated at a rate established by the court. The
compensation of the court new text begin - new text end appointed actuary deleted text begin shall deleted text end new text begin must new text end be
allocated between the parties as the court directs.

Subd. 4.

Stipulation.

In lieu of valuing pension
benefits or rights through use of the court new text begin - new text end appointed actuary,
the parties may stipulate the present value of pension benefits
or rights that are marital property.

Sec. 39.

Minnesota Statutes 2004, section 518.62, is
amended to read:

518.62 TEMPORARY new text begin ORDER; new text end MAINTENANCE new text begin ; HOMESTEAD new text end .

Temporary maintenance deleted text begin and temporary support deleted text end may be awarded
as provided in section 518.131. The court may also award to
either party to the proceeding, having due regard to all the
circumstances and the party awarded the custody of the children,
the right to the exclusive use of the household goods and
furniture of the parties pending the proceeding and the right to
the use of the homestead of the parties, exclusive or otherwise,
pending the proceeding. The court may order either party to
remove from the homestead of the parties upon proper application
to the court for an order pending the proceeding.

Sec. 40.

Minnesota Statutes 2004, section 518.64,
subdivision 1, is amended to read:

Subdivision 1.

Authority.

new text begin (a) new text end After an order for
new text begin temporary or permanent new text end maintenance deleted text begin or support money, temporary
or permanent, deleted text end or for the appointment of trustees to receive
property awarded as maintenance deleted text begin or support money, the court may
from time to time, on motion of either of the parties deleted text end , new text begin either
party or the public authority responsible for support
enforcement may move for modification. new text end A copy of deleted text begin which is deleted text end new text begin a
motion by a party must be new text end served on the public authority
responsible for deleted text begin child deleted text end support enforcement if payments are made
through it deleted text begin , or on motion of the public authority responsible for
support enforcement, deleted text end new text begin .
new text end

new text begin (b) The court may:
new text end

new text begin (1) new text end modify the order respecting the amount of
maintenance deleted text begin or support money deleted text end , deleted text begin and the deleted text end new text begin its new text end payment deleted text begin of it deleted text end , deleted text begin and
also respecting the deleted text end new text begin or new text end appropriation and payment of the
principal and income of property held in trust deleted text begin , deleted text end new text begin ; new text end and deleted text begin may
deleted text end

new text begin (2) new text end make an order respecting these matters which it might
have made in the original proceeding, deleted text begin except as herein otherwise
provided deleted text end new text begin subject to subdivisions 2 and 3 new text end .

new text begin (c) new text end A party or the public authority also may bring a motion
for contempt of court if the obligor is in arrears in deleted text begin support or
deleted text end maintenance payments.

Sec. 41.

Minnesota Statutes 2004, section 518.64,
subdivision 2, is amended to read:

Subd. 2.

Modification.

(a) The terms of an order
respecting maintenance deleted text begin or support deleted text end may be modified upon a showing
of one or more of the following: (1) substantially increased or
decreased earnings of a party; (2) substantially increased or
decreased need of a party deleted text begin or the child or children that are the
subject of these proceedings deleted text end ; (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 Statistics, any of which makes the terms
unreasonable and unfair; (5) extraordinary medical expenses of
the child not provided for under section 518.171; or (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 expenses.

deleted text begin On a motion to modify support, the needs of any child the
obligor has after the entry of the support order that is the
subject of a modification motion shall be considered as provided
by section 518.551, subdivision 5f.
deleted text end

deleted text begin (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:
deleted text end

deleted text begin (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 $50 per month higher or lower than the
current support order;
deleted text end

deleted text begin (2) the medical support provisions of the order established
under section 518.171 are not enforceable by the public
authority or the obligee;
deleted text end

deleted text begin (3) health coverage ordered under section 518.171 is not
available to the child for whom the order is established by the
parent ordered to provide; or
deleted text end

deleted text begin (4) the existing support obligation is in the form of a
statement of percentage and not a specific dollar amount.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end On a motion for modification of maintenance,
including a motion for the extension of the duration of a
maintenance award, the court deleted text begin shall deleted text end new text begin must new text end 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. deleted text begin On a motion for modification of support, the court:
deleted text end

deleted text begin (1) shall apply section 518.551, subdivision 5, and shall
not consider the financial circumstances of each party's spouse,
if any; and
deleted text end

deleted text begin (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:
deleted text end

deleted text begin (i) the excess employment began after entry of the existing
support order;
deleted text end

deleted text begin (ii) the excess employment is voluntary and not a condition
of employment;
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (iv) the party's compensation structure has not been
changed for the purpose of affecting a support or maintenance
obligation;
deleted text end

deleted text begin (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
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end A modification of deleted text begin support or deleted text end 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. However, modification may be applied to an
earlier period if the court makes express findings that:

(1) the party seeking modification was precluded from
serving a motion by reason of a significant physical or mental
disability, a material misrepresentation of another party, or
fraud upon the court and that the party seeking modification,
when no longer precluded, promptly served a motion;

(2) the party seeking modification was a recipient of
federal Supplemental Security Income (SSI), Title II Older
Americans, Survivor's Disability Insurance (OASDI), other
disability benefits, or public assistance based upon need during
the period for which retroactive modification is sought;

(3) the order for which the party seeks amendment was
entered by default, the party shows good cause for not
appearing, and the record contains no factual evidence, or
clearly erroneous evidence regarding the individual obligor's
ability to pay; or

(4) the party seeking modification was institutionalized or
incarcerated for an offense other than nonsupport of a child
during the period for which retroactive modification is sought
and lacked the financial ability to pay the support ordered
during that time period. In determining whether to allow the
retroactive modification, the court shall consider whether and
when a request was made to the public authority for support
modification.

deleted text begin The court may provide that a reduction in the amount allocated
for child care expenses based on a substantial decrease in the
expenses is effective as of the date the expenses decreased.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end Except for an award of the right of occupancy of
the homestead deleted text begin , provided in deleted text end new text begin under new text end section 518.63, all divisions
of real and personal property provided by section 518.58 deleted text begin shall
be deleted text end new text begin are new text end final, and may be revoked or modified only deleted text begin where deleted text end new text begin if new text end 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 deleted text begin money,
deleted text end or may sequester the property deleted text begin as is provided by deleted text end new text begin under new text end section
518.24.

deleted text begin (f) deleted text end new text begin (e) new text end The court need not hold an evidentiary hearing on a
motion for modification of maintenance or support.

deleted text begin (g) deleted text end new text begin (f) new text end Section 518.14 deleted text begin shall govern deleted text end new text begin governs new text end the award of
attorney fees for motions brought under this subdivision.

Sec. 42.

Minnesota Statutes 2004, section 518.641, is
amended to read:

518.641 COST-OF-LIVING ADJUSTMENTS IN MAINTENANCE deleted text begin OR CHILD
SUPPORT deleted text end ORDER.

Subdivision 1.

Requirement.

(a) An order establishing,
modifying, or enforcing maintenance deleted text begin or child support shall deleted text end new text begin must
new text end provide for a biennial adjustment in the amount to be paid based
on a change in the cost of living. An order that provides for a
cost-of-living adjustment deleted text begin shall deleted text end new text begin must new text end specify the cost-of-living
index to be applied and the date on which the cost-of-living
adjustment deleted text begin shall become deleted text end new text begin becomes new text end effective. The court may use
the Consumer Price Index for all urban consumers,
Minneapolis-St. Paul (CPI-U), the Consumer Price Index for wage
earners and clerical, Minneapolis-St. Paul (CPI-W), or another
cost-of-living index published by the Department of Labor which
it specifically finds is more appropriate. Cost-of-living
increases under this section deleted text begin shall deleted text end new text begin must new text end be compounded. The
court may also increase the amount by more than the
cost-of-living adjustment by agreement of the parties or by
making further findings.

(b) The adjustment becomes effective on the first of May of
the year in which it is made, for cases in which payment is made
to the public authority. For cases in which payment is not made
to the public authority, application for an adjustment may be
made in any month but no application for an adjustment may be
made sooner than two years after the date of the dissolution
decree. A court may waive the requirement of the cost-of-living
clause if it expressly finds that the obligor's occupation or
income, or both, does not provide for new text begin a new text end cost-of-living
adjustment or that the order for maintenance deleted text begin or child support
deleted text end has a provision such as a step increase that has the effect of a
cost-of-living clause. The court may waive a cost-of-living
adjustment in a maintenance order if the parties so agree in
writing. deleted text begin The commissioner of human services may promulgate
rules for child support adjustments under this section in
accordance with the rulemaking provisions of chapter 14. deleted text end Notice
of this statute must comply with section 518.68, subdivision 2.

Subd. 2.

Notice.

No adjustment under this section may be
made unless the order provides for it and the new text begin notice provisions
of this subdivision are followed. The new text end public authority or the
obligee, if the obligee is requesting the cost-of-living
adjustment, deleted text begin sends deleted text end new text begin must send new text end notice of the intended adjustment to
the obligor at the obligor's last known address at least 20 days
before the effective date of the adjustment. The notice deleted text begin shall
deleted text end new text begin must new text end inform the obligor of the date on which the adjustment deleted text begin will
become deleted text end new text begin becomes new text end effective and the procedures for contesting the
adjustment.

Subd. 2a.

Procedures for contesting adjustment.

(a) To
contest cost-of-living adjustments initiated by the public
authority or an obligee who has applied for or is receiving
deleted text begin child support and deleted text end maintenance collection services from the
public authority, other than income withholding only services,
the obligor, before the effective date of the adjustment, must:

(1) file a motion contesting the cost-of-living adjustment
with the court administrator; and

(2) serve the motion by first-class mail on the public
authority and the obligee.

The hearing deleted text begin shall deleted text end new text begin must new text end take place in the expedited child
support process as governed by section 484.702.

(b) To contest cost-of-living adjustments initiated by an
obligee who is not receiving deleted text begin child support and deleted text end maintenance
collection services from the public authority, or deleted text begin for deleted text end new text begin by new text end an
obligee who receives income withholding only services from the
public authority, the obligor must, before the effective date of
the adjustment:

(1) file a motion contesting the cost-of-living adjustment
with the court administrator; and

(2) serve the motion by first-class mail on the obligee.

The hearing deleted text begin shall deleted text end new text begin must new text end take place in district court.

(c) Upon receipt of a motion contesting the cost-of-living
adjustment, the cost-of-living adjustment deleted text begin shall deleted text end new text begin must new text end be stayed
pending further order of the court.

(d) The court administrator deleted text begin shall deleted text end new text begin must new text end make available pro
se motion forms for contesting a cost-of-living adjustment under
this subdivision.

Subd. 3.

Result of hearing.

If, at a hearing pursuant to
this section, the obligor establishes an insufficient cost of
living or other increase in income that prevents fulfillment of
the adjusted maintenance deleted text begin or child support deleted text end obligation, the court
or child support magistrate may direct that all or part of the
adjustment not take effect. If, at the hearing, the obligor
does not establish this insufficient increase in income, the
adjustment deleted text begin shall deleted text end new text begin must new text end take effect as of the date it would have
become effective had no hearing been requested.

Sec. 43.

Minnesota Statutes 2004, section 518.642, is
amended to read:

518.642 OVERPAYMENTS.

If deleted text begin child support or deleted text end maintenance is not assigned under
section 256.741 deleted text begin , deleted text end and an obligor has overpaid a deleted text begin child support or
deleted text end maintenance obligation because of a modification or error in the
amount owed, the public authority deleted text begin shall deleted text end new text begin must new text end :

(1) apply the amount of the overpayment to reduce the
amount of any deleted text begin child support or deleted text end maintenance-related arrearages or
debts owed to the obligee; and

(2) if an overpayment exists after the reduction of any
arrearage or debt, reduce the amount of the deleted text begin child support
deleted text end new text begin maintenance new text end remitted to the obligee by an amount no greater than
20 percent of the current monthly deleted text begin support or deleted text end maintenance
obligation and remit this amount to the obligor until the
overpayment is reduced to zero.

Sec. 44.

Minnesota Statutes 2004, section 518.646, is
amended to read:

518.646 NOTICE OF ORDER.

deleted text begin Whenever these laws require deleted text end new text begin If a law requires new text end service of a
court's order on an employer, union new text begin , new text end or payor of funds, service
of a verified notice of order may be made in lieu deleted text begin thereof deleted text end new text begin of the
order new text end . The verified notice deleted text begin shall deleted text end new text begin must new text end contain the title of the
action, the name of the court, the court file number, the date
of the court order, and deleted text begin shall recite deleted text end the operative provisions of
the order.

Sec. 45.

Minnesota Statutes 2004, section 518.65, is
amended to read:

518.65 PROPERTY; SALE, PARTITION.

In order to effect a division or award of property deleted text begin as is
provided by deleted text end new text begin under new text end section 518.58, the court may order property
sold or partitioned. Personal property may be ordered sold in
the manner directed by the court deleted text begin , deleted text end and real estate may be
partitioned in the manner provided by Minnesota Statutes 1949,
chapter 558.

Sec. 46.

Minnesota Statutes 2004, section 518.68,
subdivision 1, is amended to read:

Subdivision 1.

Requirement.

Every court order or
judgment and decree that provides for child support, spousal
maintenance, custody, or parenting time must contain certain
notices as set out in deleted text begin subdivision 2. The information in the
notices must be concisely stated in plain language. The notices
must be in clearly legible print, but may not exceed two pages.
An order or judgment and decree without the notice remains
subject to all statutes. The court may waive all or part of the
notice required under subdivision 2 relating to parental rights
under section 518.17, subdivision 3, if it finds it is necessary
to protect the welfare of a party or child deleted text end new text begin section 517C.99 new text end .

Sec. 47. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes must renumber the sections in
Minnesota Statutes listed in column A as indicated in column B
and correct cross-references to those sections throughout
Minnesota Statutes and Minnesota Rules.
new text end

new text begin A new text end new text begin B
518.002 new text end new text begin 517A.02, subd. 5
518.003 new text end new text begin 517A.01
518.005 new text end new text begin 517A.02
518.01 new text end new text begin 517A.07
518.02 new text end new text begin 517A.08
518.03 new text end new text begin 517A.09
518.04 new text end new text begin 517A.10
518.05 new text end new text begin 517A.11
518.055 new text end new text begin 517A.12
518.06 new text end new text begin 517A.15
518.07 new text end new text begin 517A.16
518.09 new text end new text begin 517A.18
518.091 new text end new text begin 517A.19
518.10 new text end new text begin 517A.20
518.11 new text end new text begin 517A.22
518.12 new text end new text begin 517A.23
518.13 new text end new text begin 517A.24
518.131 new text end new text begin 517A.03
518.14, subd. 1 new text end new text begin 517A.04
518.145 new text end new text begin 517A.28
518.146 new text end new text begin 517A.21
518.148 new text end new text begin 517A.26
518.191 new text end new text begin 517A.27
518.195 new text end new text begin 517A.17
518.25 new text end new text begin 517A.30
518.27 new text end new text begin 517A.25
518.54, subd. 1 new text end new text begin 517A.31, subd. 1
518.54, subd. 2a new text end new text begin 517A.31, subd. 2
518.54, subd. 2b new text end new text begin 517A.31, subd. 3
518.54, subd. 3 new text end new text begin 517A.31, subd. 4
518.54, subd. 4 new text end new text begin 517A.31, subd. 5
518.54, subd. 5 new text end new text begin 517A.31, subd. 6
518.54, subd. 6 new text end new text begin 517A.31, subd. 7
518.54, subd. 7 new text end new text begin 517A.31, subd. 8
518.54, subd. 8 new text end new text begin 517A.31, subd. 9
518.54, subd. 9 new text end new text begin 517A.31, subd. 10
518.54, subd. 10 new text end new text begin 517A.31, subd. 11
518.54, subd. 11 new text end new text begin 517A.31, subd. 12
518.54, subd. 12 new text end new text begin 517A.31, subd. 13
518.55, subd. 1 new text end new text begin 517A.32, subd. 4
518.55, subd. 3 new text end new text begin 517A.32, subd. 5
518.552, subd. 1 new text end new text begin 517A.32, subd. 1
518.552, subd. 2 new text end new text begin 517A.32, subd. 2
518.552, subd. 3 new text end new text begin 517A.32, subd. 3
518.552, subd. 4 new text end new text begin 517A.32, subd. 6
518.552, subd. 5 new text end new text begin 517A.32, subd. 7
518.58 new text end new text begin 517A.37
518.581 new text end new text begin 517A.39
518.582 new text end new text begin 517A.40
518.63 new text end new text begin 517A.41
518.64, subd. 1 new text end new text begin 517A.34, subd. 1
518.64, subd. 2 new text end new text begin 517A.34, subd. 2
518.64, subd. 3 new text end new text begin 517A.32, subd. 8
518.641, subd. 1 new text end new text begin 517A.33, subd. 1
518.641, subd. 2 new text end new text begin 517A.33, subd. 2
518.641, subd. 2a new text end new text begin 517A.33, subd. 3
518.641, subd. 3 new text end new text begin 517A.43, subd. 4
518.642 new text end new text begin 517A.35
518.646 new text end new text begin 517A.05
518.65 new text end new text begin 517A.38
new text end

Sec. 48. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 518.14, subdivision 2;
518.24; 518.55, subdivision 4; 518.62; 518.64, subdivisions 4,
4a, and 5; and 518.68, are repealed.
new text end

ARTICLE 2

CUSTODY, PARENTING TIME, AND VISITATION
GENERAL

Section 1.

new text begin [517B.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section
apply to this chapter.
new text end

Sec. 2.

new text begin [517B.03] TEMPORARY ORDERS RELATING TO CUSTODY
AND PARENTING TIME.
new text end

new text begin (a) A temporary order for custody or parenting time may be
sought under section 517A.03.
new text end

new text begin (b) A party seeking a temporary custody order must submit
with moving papers an affidavit setting forth facts supporting
the requested order. The party must give notice and a copy of
the affidavit to other parties to the proceeding, who may file
opposing affidavits.
new text end

Sec. 3.

new text begin [517B.04] CUSTODY, PARENTING TIME, AND VISITATION
NOTICES.
new text end

new text begin A court order or judgment and decree concerning custody of
or parenting time with a minor child must contain the notice set
out in section 517C.99, subdivision 3.
new text end

Sec. 4.

new text begin [517B.05] ATTORNEY FEES, COSTS, AND
DISBURSEMENTS.
new text end

new text begin Attorney fees, costs, and disbursements must be awarded in
a proceeding under this chapter as provided by section 517A.04.
new text end

Sec. 5.

new text begin [517B.17] CUSTODY OF CHILDREN.
new text end

new text begin Subdivision 1. new text end

new text begin Custody order. new text end

new text begin Upon adjudging the nullity
of a marriage, in a dissolution or legal separation proceeding,
or in a child custody proceeding, the court must make a further
order as it deems just and proper concerning:
new text end

new text begin (1) the legal custody of each minor child of the parties,
which must be sole or joint; and
new text end

new text begin (2) their physical custody and residence.
new text end

new text begin Subd. 2. new text end

new text begin Standard; preference prohibited. new text end

new text begin In determining
custody, the court must consider the best interests of the child
and must not prefer one parent over the other solely on the
basis of the sex of the parent.
new text end

new text begin Subd. 3. new text end

new text begin The best interests of the child; factors. new text end

new text begin "The
best interests of the child" means all relevant factors to be
considered and evaluated by the court including:
new text end

new text begin (1) the wishes of the child's parent or parents as to
custody;
new text end

new text begin (2) the reasonable preference of the child, if the court
deems the child to be of sufficient age to express a preference;
new text end

new text begin (3) the child's primary caretaker;
new text end

new text begin (4) the intimacy of the relationship between each parent
and the child;
new text end

new text begin (5) the interaction and interrelationship of the child with
a parent or parents, siblings, and any other person who may
significantly affect the child's best interests;
new text end

new text begin (6) the child's adjustment to home, school, and community;
new text end

new text begin (7) the length of time the child has lived in a stable,
satisfactory environment and the desirability of maintaining
continuity;
new text end

new text begin (8) the permanence, as a family unit, of the existing or
proposed home;
new text end

new text begin (9) the mental and physical health of all individuals
involved; except that a disability, as defined in section
363.01, of a parent or the child is not determinative of the
custody of the child, unless the proposed custodial arrangement
is not in the best interest of the child;
new text end

new text begin (10) the capacity and disposition of the parties to give
the child love, affection, and guidance, and to continue
educating and raising the child in the child's culture and
religion or creed, if any;
new text end

new text begin (11) the child's cultural background;
new text end

new text begin (12) the effect on the child of the actions of an abuser,
if related to domestic abuse, as defined in section 518B.01,
that has occurred between the parents or between a parent and
another individual, whether or not the individual alleged to
have committed domestic abuse is or ever was a family or
household member of the parent;
new text end

new text begin (13) except in cases in which a finding of domestic abuse
as defined in section 518B.01 has been made, the disposition of
each parent to encourage and permit frequent and continuing
contact by the other parent with the child; and
new text end

new text begin (14) evidence of a violation of section 609.507.
new text end

new text begin Subd. 4. new text end

new text begin Best interests determination. new text end

new text begin The court must
make detailed findings on each of the factors in subdivision 3
and explain how the factors led to its conclusion and to the
determination of the best interests of the child. In
determining the best interests of a child, the court may not use
one factor in subdivision 3 to the exclusion of all others. The
primary caretaker factor may not be used as a presumption in
determining the best interests of the child. The court shall
not consider conduct of a parent that does not affect the
parent's relationship to the child.
new text end

Sec. 6.

new text begin [517B.18] JOINT CUSTODY.
new text end

new text begin Subdivision 1. new text end

new text begin Factors when joint custody is sought. new text end

new text begin In
addition to the factors listed in section 517B.17, if either
joint legal or joint physical custody is sought, the court must
consider the following relevant factors:
new text end

new text begin (1) the ability of the parents to cooperate in the rearing
of their child;
new text end

new text begin (2) methods for resolving disputes regarding any major
decision concerning the life of the child, and the parents'
willingness to use those methods;
new text end

new text begin (3) whether it would be detrimental to the child if one
parent were to have sole authority over the child's upbringing;
and
new text end

new text begin (4) whether domestic abuse, as defined in section 518B.01,
has occurred between the parents.
new text end

new text begin Subd. 2. new text end

new text begin Presumptions; findings. new text end

new text begin (a) The court must use
a rebuttable presumption that, upon request of either or both
parents, joint legal custody is in the best interests of the
child. However, the court must use a rebuttable presumption
that joint legal or physical custody is not in the best
interests of the child if domestic abuse, as defined in section
518B.01, has occurred between the parents.
new text end

new text begin (b) If the court awards joint legal or physical custody
over the objection of a parent, the court must make detailed
findings on each of the factors in this section and explain how
the factors led to its determination that joint custody would be
in the best interests of the child.
new text end

new text begin Subd. 3. new text end

new text begin Joint custody; support guidelines. new text end

new text begin An award of
joint legal custody is not a reason for departure from the child
support guidelines in sections 517C.12 to 517C.16.
new text end

Sec. 7.

new text begin [517B.19] CUSTODY; ACCESS RIGHTS OF PARENTS;
LIMITATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Access; limitations. new text end

new text begin (a) Whether sole or
joint legal custody is ordered, the court must grant the rights
in clauses (1) to (5) to each of the parties, unless specific
findings are made under section 517C.99, subdivision 1. Each
party:
new text end

new text begin (1) has the right of access to, and to receive copies of, a
minor child's school, medical, dental, religious training, and
other important records and information;
new text end

new text begin (2) has the right of access to information regarding health
or dental insurance available to a minor child;
new text end

new text begin (3) must keep the other party informed as to the name and
address of the school a minor child attends;
new text end

new text begin (4) must notify the other party of any accident or serious
illness of a minor child and the name of the health care
provider and place of treatment; and
new text end

new text begin (5) has the right to reasonable access and telephone
contact with a minor child.
new text end

new text begin (b) Each party has the right to be informed by school
officials about a child's welfare, educational progress, and
status and to attend school and parent-teacher conferences. The
school is not required to hold a separate conference for each
party.
new text end

new text begin (c) The court may waive any of the rights under this
subdivision if it finds it is necessary to protect the welfare
of a party or child.
new text end

Sec. 8.

Minnesota Statutes 2004, section 518.003,
subdivision 3, is amended to read:

Subd. 3.

Custody.

Unless otherwise agreed by the parties:

(a) "Legal custody" means the right to determine the
child's upbringing, including education, health care, and
religious training.

(b) "Joint legal custody" means that both parents have
equal rights and responsibilities, including the right to
participate in major decisions determining the child's
upbringing, including education, health care, and religious
training.

(c) "Physical custody and residence" means the routine
daily care and control and the residence of the child.

(d) "Joint physical custody" means that the routine daily
care and control and the residence of the child is structured
between the parties.

(e) deleted text begin Wherever used in this chapter, the term deleted text end "Custodial
parent" or "custodian" means the person who has the physical
custody of the child at any particular time.

(f) "Custody determination" means a court decision and
court orders and instructions providing for the custody of a
child, including parenting time, but does not include a decision
relating to child support or any other monetary obligation of
any person.

(g) "Custody proceeding" includes proceedings in which a
custody determination is one of several issues, such as an
action for dissolution, divorce, or separation, and includes
proceedings involving children who are in need of protection or
services, domestic abuse, and paternity.

Sec. 9.

Minnesota Statutes 2004, section 518.155, is
amended to read:

518.155 CUSTODY deleted text begin DETERMINATIONS deleted text end new text begin AND PARENTING TIME
JURISDICTION new text end .

Notwithstanding any law to the contrary, a court in which a
proceeding for dissolution, legal separation, or child custody
has been commenced deleted text begin shall deleted text end new text begin must new text end not issue, revise, modify or amend
any order, pursuant to deleted text begin sections 518.131, 518.165, 518.168,
518.17, 518.175 or 518.18, which deleted text end new text begin section 517B.03, 517B.08,
517B.16, 517B.21, or 517B.25, that new text end affects the custody of a
minor child or the parenting time of a parent unless the court
has jurisdiction over the matter deleted text begin pursuant to the provisions of
deleted text end new text begin under new text end chapter 518D.

Sec. 10.

Minnesota Statutes 2004, section 518.156, is
amended to read:

518.156 COMMENCEMENT OF CUSTODY PROCEEDING.

Subdivision 1.

Procedure.

In a court of this state deleted text begin which
deleted text end new text begin that new text end has jurisdiction to decide child custody matters, a child
custody proceeding is commenced by a parent:

(1) by filing a petition for dissolution or legal
separation; or

(2) deleted text begin where deleted text end new text begin if new text end a decree of dissolution or legal separation
has been entered or where none is sought, or deleted text begin when deleted text end new text begin if new text end paternity
has been recognized under section 257.75, by filing a petition
or motion seeking custody or parenting time with the child in
the county where the child is permanently resident or where the
child is found or where an earlier order for custody of the
child has been entered.

Subd. 2.

Required notice.

Written notice of a child
custody or parenting time or visitation proceeding deleted text begin shall deleted text end new text begin must new text end be
given to the child's parent, guardian, and custodian, who may
appear and be heard and may file a responsive pleading. The
court may, upon a showing of good cause, permit the intervention
of other interested parties.

Sec. 11.

Minnesota Statutes 2004, section 518.157,
subdivision 1, is amended to read:

Subdivision 1.

Implementation; administration.

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

Sec. 12.

Minnesota Statutes 2004, section 518.157,
subdivision 2, is amended to read:

Subd. 2.

Minimum standards; plan.

The Minnesota Supreme
Court should promulgate minimum standards for the implementation
and administration of a parent education program. The chief
judge of each judicial district or a designee deleted text begin shall deleted text end new text begin must new text end submit
a plan to the Minnesota conference of chief judges for their
approval that is designed to implement and administer a parent
education program in the judicial district. The plan must be
consistent with the minimum standards promulgated by the
Minnesota Supreme Court.

Sec. 13.

Minnesota Statutes 2004, section 518.157,
subdivision 3, is amended to read:

Subd. 3.

Attendance.

In a proceeding under this chapter
where custody or parenting time is contested, the parents of a
minor child deleted text begin shall deleted text end new text begin must new text end attend a minimum of eight hours in an
orientation and education program that meets the minimum
standards promulgated by the Minnesota Supreme Court. In all
other proceedings involving custody, support, or parenting time
the court may order the parents of a minor child to attend a
parent education program. The program deleted text begin shall deleted text end new text begin must new text end provide the
court with names of persons who fail to attend the parent
education program as ordered by the court. Persons who are
separated or contemplating involvement in a dissolution,
paternity, custody, or parenting time proceeding may attend a
parent education program without a court order. Unless
otherwise ordered by the court, participation in a parent
education program must begin within 30 days after the first
filing with the court or as soon as practicable after that time
based on the reasonable availability of classes for the program
for the parent. Parent education programs must offer an
opportunity to participate at all phases of a pending or
postdecree proceeding. Upon request of a party and a showing of
good cause, the court may excuse the party from attending the
program. If past or present domestic abuse, as defined in
chapter 518B, is alleged, the court deleted text begin shall deleted text end new text begin must new text end not require the
parties to attend the same parent education sessions and deleted text begin shall
deleted text end new text begin must new text end enter an order setting forth the manner in which the
parties may safely participate in the program.

Sec. 14.

Minnesota Statutes 2004, section 518.157,
subdivision 5, is amended to read:

Subd. 5.

Confidentiality.

Unless all parties agree in
writing, statements made by a party during participation in a
parent education program are inadmissible as evidence for any
purpose, including impeachment. No record may be made regarding
a party's participation in a parent education program, except a
record of attendance at and completion of the program as
required under this section. Instructors deleted text begin shall deleted text end new text begin must new text end not
disclose information regarding an individual participant
obtained as a result of participation in a parent education
program. Parent education instructors may not be subpoenaed or
called as witnesses in court proceedings.

Sec. 15.

Minnesota Statutes 2004, section 518.157,
subdivision 6, is amended to read:

Subd. 6.

Fee.

Except as provided in this subdivision,
each person who attends a parent education program deleted text begin shall deleted text end new text begin must
new text end pay a fee to defray the cost of the program. A party who
qualifies for waiver of filing fees under section 563.01 is
exempt from paying the parent education program fee new text begin , new text end and the
court deleted text begin shall deleted text end new text begin must new text end waive the fee or direct its payment under
section 563.01. Program providers shall implement a sliding fee
scale.

Sec. 16.

Minnesota Statutes 2004, section 518.165, is
amended to read:

518.165 GUARDIANS FOR MINOR CHILDREN.

Subdivision 1.

Permissive appointment of guardian ad
litem.

In all proceedings for child custody or for dissolution
or legal separation where custody or parenting time with a minor
child is in issue, the court may appoint a guardian ad litem
from a panel established by the court to represent the interests
of the child. The guardian ad litem deleted text begin shall deleted text end new text begin must new text end advise the court
with respect to custody, support, and parenting time.

Subd. 2.

Required appointment of guardian ad litem.

new text begin The
court must appoint a guardian ad litem new text end in all proceedings for
child custody or for marriage dissolution or legal separation in
which custody or parenting time with a minor child is an issue,
if the court has reason to believe that the minor child is a
victim of domestic child abuse or neglect, as those terms are
defined in sections 260C.007 and 626.556, respectively deleted text begin , the
court shall appoint a guardian ad litem deleted text end . The guardian ad
litem deleted text begin shall deleted text end new text begin must new text end represent the interests of the child and advise
the court with respect to custody, support, and parenting time.
If the child is represented by a guardian ad litem in any other
pending proceeding, the court may appoint that guardian to
represent the child in the custody or parenting time
proceeding. No guardian ad litem need be appointed if the
alleged domestic child abuse or neglect is before the court on a
juvenile dependency and neglect petition. Nothing in this
subdivision requires the court to appoint a guardian ad litem in
any proceeding for child custody, marriage dissolution, or legal
separation in which an allegation of domestic child abuse or
neglect has not been made.

Subd. 2a.

Responsibilities of guardian ad litem.

A
guardian ad litem deleted text begin shall deleted text end new text begin must new text end carry out the following
responsibilities:

(1) conduct an independent investigation to determine the
facts relevant to the situation of the child and the family,
which must include, unless specifically excluded by the court,
reviewing relevant documents; meeting with and observing the
child in the home setting and considering the child's wishes, as
appropriate; and interviewing parents, caregivers, and others
with knowledge relevant to the case;

(2) advocate for the child's best interests by
participating in appropriate aspects of the case and advocating
for appropriate community services when necessary;

(3) maintain the confidentiality of information related to
a case, with the exception of sharing information as permitted
by law to promote cooperative solutions that are in the best
interests of the child;

(4) monitor the child's best interests throughout the
judicial proceeding; and

(5) present written reports on the child's best interests
that include conclusions and recommendations and the facts upon
which they are based.

Subd. 3.

Fees.

(a) A guardian ad litem appointed under
either subdivision 1 or 2 may be appointed either as a volunteer
or on a fee basis. If a guardian ad litem is appointed on a fee
basis, the court deleted text begin shall deleted text end new text begin must new text end enter an order for costs, fees, and
disbursements in favor of the child's guardian ad litem. The
order may be made against either or both parties, except that
any part of the costs, fees, or disbursements which the court
finds the parties are incapable of paying deleted text begin shall deleted text end new text begin must new text end be borne by
the state courts. The costs of court-appointed counsel to the
guardian ad litem deleted text begin shall deleted text end new text begin must new text end be paid by the county in which the
proceeding is being held if a party is incapable of paying for
them. Until the recommendations of the task force created in
Laws 1999, chapter 216, article 7, section 42, are implemented,
the costs of court-appointed counsel to a guardian ad litem in
the Eighth Judicial District deleted text begin shall deleted text end new text begin must new text end be paid by the state
courts if a party is incapable of paying for them. In no event
may the court order that costs, fees, or disbursements be paid
by a party receiving public assistance or legal assistance or by
a party whose annual income falls below the poverty line as
established under United States Code, title 42, section 9902(2).

(b) In each fiscal year, the commissioner of finance deleted text begin shall
deleted text end new text begin must new text end deposit guardian ad litem reimbursements in the general
fund and credit them to a separate account with the trial
courts. The balance of this account is appropriated to the
trial courts and does not cancel but is available until
expended. Expenditures by the state court administrator's
office from this account must be based on the amount of the
guardian ad litem reimbursements received by the state from the
courts in each judicial district.

Sec. 17.

Minnesota Statutes 2004, section 518.166, is
amended to read:

518.166 INTERVIEWS new text begin ; RECOMMENDATIONS new text end .

The court may interview the child in chambers to ascertain
the child's reasonable preference deleted text begin as to custodian deleted text end new text begin regarding with
which parent the child would reside new text end , if the court deems the
child to be of sufficient age to express preference. The
court deleted text begin shall deleted text end new text begin must new text end permit counsel to be present at the interview
and deleted text begin shall deleted text end new text begin must new text end permit counsel to propound reasonable questions
to the child either directly or through the court. The
court deleted text begin shall deleted text end new text begin must new text end cause a record of the interview to be made and
to be made part of the record in the case unless waived by the
parties.

In contested custody proceedings, and in other custody
proceedings if a parent or the child's custodian requests, the
court may seek the recommendations of professional personnel
whether or not they are employed on a regular basis by the
court. The recommendations deleted text begin given shall deleted text end new text begin must new text end be in writing and
deleted text begin shall deleted text end new text begin must new text end be made available by the court to counsel upon
request. Counsel may call for cross-examination of professional
personnel consulted by the court.

Sec. 18.

Minnesota Statutes 2004, section 518.167,
subdivision 3, is amended to read:

Subd. 3.

Availability to counsel.

The court deleted text begin shall deleted text end new text begin must
new text end mail the investigator's report to counsel and to any party not
represented by counsel at least ten days before the hearing.
The investigator deleted text begin shall deleted text end new text begin must new text end maintain and, upon request, make
available to counsel and to a party not represented by counsel
the investigator's file of underlying data and reports, complete
texts of diagnostic reports made to the investigator pursuant to
the provisions of subdivision 2, and the names and addresses of
all persons whom the investigator has consulted. deleted text begin The
investigator and any person the investigator has consulted is
subject to other pretrial discovery in accordance with the
requirements of the Minnesota Rules of Civil Procedure.
Mediation proceedings are not subject to discovery without
written consent of both parties. A party to the proceeding may
call the investigator and any person whom the investigator has
consulted for cross-examination at the hearing. A party may not
waive the right of cross-examination before the hearing.
deleted text end

Sec. 19.

Minnesota Statutes 2004, section 518.167,
subdivision 4, is amended to read:

Subd. 4.

deleted text begin use at deleted text end new text begin discovery; new text end hearing.

new text begin The investigator and
any person the investigator has consulted is subject to other
pretrial discovery in accordance with the requirements of the
Minnesota Rules of Civil Procedure. Mediation proceedings are
not subject to discovery without written consent of both
parties. A party to the proceeding may cross-examine at the
hearing the investigator and any person whom the investigator
has consulted for cross-examination. A party may not waive the
right of cross-examination before the hearing. new text end The
investigator's report may be received in evidence at the hearing.

Sec. 20.

Minnesota Statutes 2004, section 518.167,
subdivision 5, is amended to read:

Subd. 5.

Costs.

The court deleted text begin shall deleted text end new text begin must new text end order all or part
of the cost of the investigation and report to be paid by either
or both parties, based on their ability to pay. Any part of the
cost that the court finds the parties are incapable of paying
must be borne by the deleted text begin county welfare deleted text end new text begin local social services new text end agency
or department of court services that performs the
investigation. The court may not order costs under this
subdivision to be paid by a party receiving public assistance or
legal assistance from a qualified legal services program or by a
party whose annual income falls below the poverty line under
United States Code, title 42, section 9902(2).

Sec. 21.

Minnesota Statutes 2004, section 518.168, is
amended to read:

518.168 HEARINGS.

(a) Custody proceedings deleted text begin shall deleted text end new text begin must new text end receive priority in
being set for hearing.

(b) The court may tax as costs the payment of necessary
travel and other expenses incurred by a person whose presence at
the hearing the court deems necessary to determine the best
interests of the child.

(c) The court without a jury deleted text begin shall deleted text end new text begin must new text end determine questions
of law and fact. If it finds that a public hearing may be
detrimental to the child's best interests, the court may exclude
the public from a custody hearing, but may admit any person who
has a direct interest in the particular case.

(d) If the court finds it necessary for the protection of
the child's welfare that the record of an interview, report,
investigation, or testimony in a custody proceeding new text begin not new text end be deleted text begin kept
secret deleted text end new text begin disclosed new text end , the court may make an appropriate order
sealing the record.

Sec. 22.

Minnesota Statutes 2004, section 518.1705,
subdivision 2, is amended to read:

Subd. 2.

Plan elements.

(a) A parenting plan must
include the following:

(1) a schedule of the time each parent spends with the
child;

(2) a designation of decision-making responsibilities
regarding the child; and

(3) a method of dispute resolution.

(b) A parenting plan may include other issues and matters
the parents agree to regarding the child.

(c) Parents voluntarily agreeing to parenting plans may
substitute other terms for physical and legal custody, including
designations of joint or sole custody, deleted text begin provided that deleted text end new text begin if new text end the
terms used in the substitution are defined in the parenting plan.

Sec. 23.

Minnesota Statutes 2004, section 518.1705,
subdivision 6, is amended to read:

Subd. 6.

Restrictions on preparation new text begin and content new text end of
parenting plan.

(a) Dispute resolution processes other than the
judicial process may not be required in the preparation of a
parenting plan if a parent is alleged to have committed domestic
abuse toward a parent or child who is a party to, or subject of,
the matter before the court. In these cases, the court deleted text begin shall
deleted text end new text begin must new text end consider the appointment of a guardian ad litem and a
parenting plan evaluator.

(b) The court may not require a parenting plan that
provides for joint legal custody or use of dispute resolution
processes deleted text begin , deleted text end other than the judicial process deleted text begin , deleted text end if the court finds
that section 518.179 applies new text begin , new text end or the court finds that either
parent has engaged in the following toward a parent or child who
is a party to, or subject of, the matter before the court:

(1) acts of domestic abuse, including physical harm, bodily
injury, and infliction of fear of physical harm, assault,
terroristic threats, or criminal sexual conduct;

(2) physical, sexual, or a pattern of emotional abuse of a
child; or

(3) willful abandonment that continues for an extended
period of time or substantial refusal to perform parenting
functions.

Sec. 24.

Minnesota Statutes 2004, section 518.1705,
subdivision 7, is amended to read:

Subd. 7.

Moving the child to another state.

Parents may
agree, but the court must not require, that in a parenting plan
the factors in section 518.17 or 257.025, as applicable, will
govern a decision concerning removal of a child's residence from
this state, deleted text begin provided that deleted text end new text begin if new text end :

(1) both parents were represented by counsel when the
parenting plan was approved; or

(2) the court found the parents were fully informed, the
agreement was voluntary, and the parents were aware of its
implications.

Sec. 25.

Minnesota Statutes 2004, section 518.1705,
subdivision 8, is amended to read:

Subd. 8.

Allocation of certain expenses.

(a) Parents
creating a parenting plan are subject to the requirements of the
child support guidelines under deleted text begin section 518.551 deleted text end new text begin sections 517C.12
to 517C.18 new text end .

(b) Parents may include in the parenting plan an allocation
of expenses for the child. The allocation is an enforceable
contract between the parents.

Sec. 26.

Minnesota Statutes 2004, section 518.1705,
subdivision 9, is amended to read:

Subd. 9.

Modification of parenting plans.

(a) Parents
may modify the schedule of the time each parent spends with the
child or the decision-making provisions of a parenting plan by
agreement. To be enforceable, modifications must be confirmed
by court order. A motion to modify decision-making provisions
or the time each parent spends with the child may be made only
within the time limits provided by section 518.18.

(b) The parties may agree, but the court must not require
them, to apply the best interests standard in section 518.17 or
257.025, as applicable, for deciding a motion for modification
that would change the child's primary residence, deleted text begin provided that
deleted text end new text begin if new text end :

(1) both parties were represented by counsel when the
parenting plan was approved; or

(2) the court found the parties were fully informed, the
agreement was voluntary, and the parties were aware of its
implications.

(c) If the parties do not agree to apply the best interests
standard, section 518.18, paragraph (d), applies.

Sec. 27.

Minnesota Statutes 2004, section 518.175, is
amended to read:

518.175 PARENTING TIME.

Subdivision 1.

General.

(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 deleted text begin shall deleted text end new text begin must new text end , upon the request of either
parent, grant deleted text begin such deleted text end parenting time on behalf of the child and a
parent deleted text begin as deleted text end new text begin that new text end will enable the child and the parent to maintain
a child to parent relationship that will be in the best
interests of the child.

new text begin (b) new text end 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 deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall
deleted text end new text begin must new text end consider the age of the child and the child's relationship
with the parent deleted text begin prior to deleted text end new text begin before new text end the commencement of the
proceeding.

new text begin (c) new text end A parent's failure to pay support because of the
parent's inability to do so deleted text begin shall deleted text end new text begin is new text end not deleted text begin be deleted text end sufficient cause for
denial of parenting time.

deleted text begin (b) deleted text end new text begin (d) new text end 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.

deleted text begin (c) deleted text end new text begin (e) new text end 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.

deleted text begin (d) deleted text end new text begin (f) new text end The court administrator deleted text begin shall deleted text end new text begin must new text end provide a form
for a pro se motion regarding parenting time disputes,
which deleted text begin includes deleted text end new text begin must include new text end 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 deleted text begin shall deleted text end new text begin must
new text end provide instructions on serving and filing the motion.

Subd. 1a.

Domestic abuse; supervised parenting time.

(a)
If a parent requests supervised parenting time under subdivision
1 or 5 and an order for protection under chapter 518B or a
similar law of another state is in effect against the other
parent to protect new text begin the child or new text end the parent with whom the child
resides deleted text begin or the child deleted text end , the judge or judicial officer must
consider the order for protection in making a decision regarding
parenting time.

(b) The state court administrator, in consultation with
representatives of parents and other interested persons, deleted text begin shall
deleted text end new text begin must new text end develop standards to be met by persons who are responsible
for supervising parenting time. Either parent may challenge the
appropriateness of an individual chosen by the court to
supervise parenting time.

Subd. 2.

Rights of children and parents.

Upon the
request of either parent, the court may inform any child of the
parties, if eight years of age or older, or otherwise of an age
of suitable comprehension, of the rights of the child and each
parent under the order or decree or any substantial amendment
deleted text begin thereof deleted text end new text begin of it new text end . The parent with whom the child resides deleted text begin shall
deleted text end new text begin must new text end present the child for parenting time with the other parent,
at deleted text begin such deleted text end new text begin the new text end times deleted text begin as deleted text end the court directs.

Subd. 3.

Move to another state.

The parent with whom the
child resides deleted text begin shall deleted text end new text begin must new text end not move the new text begin child's new text end residence deleted text begin of the
child deleted text end to another state except upon order of the court or with
the consent of the other parent, if the other parent has been
given parenting time by the decree. If the purpose of the move
is to interfere with parenting time given to the other parent by
the decree, the court deleted text begin shall deleted text end new text begin must new text end not permit the child's
residence to be moved to another state.

Subd. 5.

Modification of parenting plan or order for
parenting time.

new text begin (a) new text end If modification would serve the best
interests of the child, the court deleted text begin shall deleted text end new text begin must new text end modify the
decision-making provisions of a parenting plan or an order
granting or denying parenting time, if the modification would
not change the child's primary residence. Except as provided in
section 631.52, the court may not restrict parenting time unless
it finds that:

(1) parenting time is likely to endanger the child's
physical or emotional health or impair the child's emotional
development; or

(2) the parent has chronically and unreasonably failed to
comply with court-ordered parenting time.

new text begin (b) new text end If a parent makes specific allegations that parenting
time by the other parent places the parent or child in danger of
harm, the court deleted text begin shall deleted text end new text begin must new text end hold a hearing at the earliest
possible time to determine the need to modify the order granting
parenting time. Consistent with subdivision deleted text begin 1a deleted text end new text begin 2 new text end , the court may
require a third party, including the local social services
agency, to supervise the parenting time or may restrict a
parent's parenting time if necessary to protect the other parent
or child from harm. If there is an existing order for
protection governing the parties, the court deleted text begin shall deleted text end new text begin must new text end consider
the use of an independent, neutral exchange location for
parenting time.

Subd. 6.

Remedies.

(a) The court may provide for one or
more of the following remedies for denial of or interference
with court-ordered parenting time as provided under this
subdivision. All parenting time orders must include notice of
the provisions of this subdivision.

(b) If the court finds that a deleted text begin person deleted text end new text begin parent new text end has been
deprived of court-ordered parenting time, the court deleted text begin shall deleted text end new text begin must
new text end order the parent who deleted text begin has interfered deleted text end new text begin caused the deprivation new text end to
allow compensatory parenting time to the other parent or the
court deleted text begin shall deleted text end new text begin must new text end make specific findings as to why a request for
compensatory parenting time is denied. If compensatory
parenting time is awarded, additional parenting time must be:

(1) at least of the same type and duration as the deprived
parenting time and, at the discretion of the court, may be in
excess of or of a different type than the deprived parenting
time;

(2) taken within one year after the deprived parenting
time; and

(3) at a time acceptable to the parent deprived of
parenting time.

(c) If the court finds that a party has wrongfully failed
to comply with a parenting time order or a binding agreement or
decision under section 518.1751, the court may:

(1) impose a civil penalty of up to $500 on the party;

(2) require the party to post a bond with the court for a
specified period of time to secure the party's compliance;

(3) award reasonable attorney's fees and costs;

(4) require the party who violated the parenting time order
or binding agreement or decision of the parenting time expeditor
to reimburse the other party for costs incurred as a result of
the violation of the order deleted text begin or deleted text end new text begin , new text end agreement new text begin , new text end or decision; or

(5) award any other remedy that the court finds to be in
the best interests of the children involved.

A civil penalty imposed under this paragraph must be
deposited in the county general fund and must be used to fund
the costs of a parenting time expeditor program in a county with
this program. In other counties, the civil penalty must be
deposited in the state general fund.

(d) If the court finds that a party has been denied
parenting time and has incurred expenses in connection with the
denied parenting time, the court may require the party who
denied parenting time to post a bond in favor of the other party
in the amount of prepaid expenses associated with upcoming
planned parenting time.

(e) Proof of an unwarranted denial of or interference with
duly established parenting time may constitute contempt of court
and may be sufficient cause for reversal of custody.

Subd. 8.

Additional parenting time for child care
deleted text begin parent deleted text end .

The court may allow additional parenting time to a
parent to provide child care while the other parent is working
if this arrangement is reasonable and in the best interests of
the child, as defined in section 518.17, subdivision 1. In
addition, the court deleted text begin shall deleted text end new text begin must new text end consider:

(1) the ability of the parents to cooperate;

(2) methods for resolving disputes regarding the care of
the child, and the parents' willingness to use those methods;
and

(3) whether domestic abuse, as defined in section 518B.01,
has occurred between the parties.

Sec. 28.

Minnesota Statutes 2004, section 518.1751,
subdivision 1b, is amended to read:

Subd. 1b.

Purpose; definitions.

(a) The purpose of a
parenting time expeditor is to resolve parenting time disputes
by enforcing, interpreting, clarifying, and addressing
circumstances not specifically addressed by an existing
parenting time order and, if appropriate, to make a
determination as to whether the existing parenting time order
has been violated. A parenting time expeditor may be appointed
to resolve a onetime parenting time dispute or to provide
ongoing parenting time dispute resolution services. new text begin A parenting
time expeditor must attempt to resolve a parenting time dispute
by facilitating negotiations between the parties to promote
settlement. If it becomes apparent that the dispute cannot be
resolved by an agreement of the parties, the parenting time
expeditor must make a decision resolving the dispute.
new text end

(b) For purposes of this section, "parenting time dispute"
means a disagreement among parties about parenting time with a
child, including a dispute about an anticipated denial of future
scheduled parenting time. "Parenting time dispute" includes a
claim by a parent that the other parent is not spending time
with a child as well as a claim by a parent that the other
parent is denying or interfering with parenting time.

(c) A "parenting time expeditor" is a neutral person
authorized to use a mediation-arbitration process to resolve
parenting time disputes. deleted text begin A parenting time expeditor shall
attempt to resolve a parenting time dispute by facilitating
negotiations between the parties to promote settlement and, if
it becomes apparent that the dispute cannot be resolved by an
agreement of the parties, the parenting time expeditor shall
make a decision resolving the dispute.
deleted text end

Sec. 29.

Minnesota Statutes 2004, section 518.1751,
subdivision 2, is amended to read:

Subd. 2.

Appointment.

(a) The parties may stipulate to
the appointment of a parenting time expeditor or a team of two
expeditors without appearing in court deleted text begin by submitting deleted text end new text begin . The
parties may submit new text end to the court a written agreement identifying
the names of the individuals to be appointed by the court; the
nature of the dispute; the responsibilities of the parenting
time expeditor, including whether the expeditor is appointed to
resolve a specific issue or on an ongoing basis; the term of the
appointment; and the apportionment of fees and costs. The court
deleted text begin shall deleted text end new text begin must new text end review the agreement of the parties.

(b) If the parties cannot agree on a parenting time
expeditor, the court deleted text begin shall deleted text end new text begin must new text end provide deleted text begin to the parties deleted text end new text begin them with
new text end a copy of the court administrator's roster of parenting time
expeditors and require the parties to exchange the names of
three potential parenting time expeditors by a specific date.
If after exchanging names the parties are unable to agree upon a
parenting time expeditor, the court deleted text begin shall deleted text end new text begin must new text end select the
deleted text begin parenting time deleted text end expeditor and, in its discretion, may appoint one
expeditor or a team of two deleted text begin expeditors deleted text end . In the selection process
the court must give consideration to the financial circumstances
of the parties and the fees of those being considered
as deleted text begin parenting time deleted text end expeditors. Preference must be given to
persons who agree to volunteer their services or who will charge
a variable fee for services based on the ability of the parties
to pay for them.

(c) An order appointing a parenting time expeditor must
identify the name of the individual to be appointed, the nature
of the dispute, the responsibilities of the expeditor including
whether the expeditor is appointed to resolve a specific issue
or on an ongoing basis, the term of the appointment, the
apportionment of fees, and notice that if the parties are unable
to reach an agreement with the new text begin expeditor's new text end assistance deleted text begin of the
expeditor deleted text end , the expeditor is authorized to make a decision
resolving the dispute which is binding upon the parties unless
modified or vacated by the court.

Sec. 30.

Minnesota Statutes 2004, section 518.1751,
subdivision 2a, is amended to read:

Subd. 2a.

Fees.

deleted text begin Prior to deleted text end new text begin Before new text end appointing the parenting
time expeditor, the court deleted text begin shall deleted text end new text begin must new text end give the parties notice
that the new text begin expeditor's new text end fees deleted text begin of the expeditor deleted text end will be apportioned
among the parties. In its order appointing the expeditor, the
court deleted text begin shall deleted text end new text begin must new text end apportion the new text begin expeditor's new text end fees deleted text begin of the expeditor
deleted text end among the parties, with each party bearing the portion of fees
that the court determines is just and equitable under the
circumstances. If a party files a pro se motion regarding a
parenting time dispute and there is not deleted text begin a deleted text end new text begin an existing new text end court
order deleted text begin that provides for apportionment of deleted text end new text begin apportioning new text end the fees
of an expeditor, the court administrator may require the party
requesting deleted text begin the deleted text end appointment of an expeditor to pay the
new text begin expeditor's new text end fees deleted text begin of the expeditor deleted text end in advance. Neither party may
be required to submit a dispute to deleted text begin a visitation deleted text end new text begin an new text end expeditor if
the party cannot afford to pay deleted text begin for deleted text end the fees deleted text begin of an expeditor deleted text end and
an affordable expeditor is not available, unless the other party
agrees to pay the fees. After fees are incurred, a party may by
motion request that the fees be reapportioned on equitable
grounds. The court may consider the resources of the parties,
the nature of the dispute, and whether a party acted in bad
faith. The court may consider information from the expeditor in
determining bad faith.

Sec. 31.

Minnesota Statutes 2004, section 518.1751,
subdivision 2b, is amended to read:

Subd. 2b.

Roster of parenting time expeditors.

deleted text begin Each deleted text end new text begin The
new text end court administrator deleted text begin shall deleted text end new text begin must new text end maintain and make available to
new text begin judicial officers and new text end the public deleted text begin and judicial officers deleted text end a roster
of individuals available to serve as parenting time expeditors deleted text begin ,
including deleted text end new text begin . The roster must include new text end each individual's name,
address, telephone number, and fee charged, if any. A court
administrator deleted text begin shall deleted text end new text begin must new text end not place on the roster the name of an
individual who has not completed the training required in
subdivision 2c. If the use of deleted text begin a parenting time deleted text end new text begin an new text end expeditor is
initiated by stipulation of the parties, the parties may agree
upon a person to serve as an expeditor even if that person has
not completed the training described in subdivision 2c. The
court may appoint deleted text begin a person to serve deleted text end as an expeditor deleted text begin even if the
deleted text end new text begin a new text end person new text begin who new text end is not on the court administrator's roster, but may
not appoint a person who has not completed the training
described in subdivision 2c, unless so stipulated by the
parties. To maintain one's listing on a court administrator's
roster of parenting time expeditors, an individual deleted text begin shall deleted text end new text begin must
new text end annually submit to the court administrator proof of completion
of continuing education requirements.

Sec. 32.

Minnesota Statutes 2004, section 518.1751,
subdivision 2c, is amended to read:

Subd. 2c.

Training and continuing education
requirements.

To qualify for listing on a court administrator's
roster of parenting time expeditors, an individual deleted text begin shall deleted text end new text begin must
new text end complete a minimum of 40 hours of family mediation training that
has been certified by the Minnesota Supreme Court deleted text begin , which deleted text end new text begin . The
training new text end must include certified training in domestic abuse
issues as required under Rule 114 of the Minnesota General Rules
of Practice for the District Courts. To deleted text begin maintain one's
listing deleted text end new text begin remain listed new text end on a court administrator's roster of
parenting time expeditors, an individual deleted text begin shall deleted text end new text begin must new text end annually
attend three hours of continuing education about alternative
dispute resolution subjects.

Sec. 33.

Minnesota Statutes 2004, section 518.1751,
subdivision 3, is amended to read:

Subd. 3.

Agreement or decision.

(a) Within five days of
notice of the appointment, or within five days of notice of a
subsequent parenting time dispute between the same parties, the
parenting time expeditor deleted text begin shall deleted text end new text begin must new text end meet with the parties
together or separately and deleted text begin shall deleted text end make a diligent effort to
facilitate an agreement to resolve the dispute. If a parenting
time dispute requires immediate resolution, the deleted text begin parenting time
deleted text end expeditor may confer with the parties through a telephone
conference or similar means. An expeditor may make a decision
without conferring with a party if the expeditor made a good
faith effort to confer with the party, but the party chose not
to participate in resolution of the dispute.

(b) If the parties do not reach an agreement, the expeditor
deleted text begin shall deleted text end new text begin must new text end make a decision resolving the dispute as soon as
possible new text begin , new text end but not later than five days after receiving all
information necessary to make a decision and after the final
meeting or conference with the parties. The expeditor is
authorized to award compensatory parenting time under section
518.175, subdivision 6, and may recommend to the court that the
noncomplying party pay attorney's fees, court costs, and other
costs under section 518.175, subdivision 6, paragraph (d), if
the parenting time order has been violated. The expeditor deleted text begin shall
not lose deleted text end new text begin retains the new text end authority to make a decision if
circumstances beyond the expeditor's control make it
impracticable to meet the five-day timelines.

(c) Unless the parties mutually agree, the parenting time
expeditor deleted text begin shall deleted text end new text begin must new text end not make a decision that is inconsistent
with an existing parenting time order, but may make decisions
interpreting or clarifying a parenting time order, including the
development of a specific schedule when the existing court order
grants "reasonable parenting time."

(d) The expeditor deleted text begin shall deleted text end new text begin must new text end put an agreement or decision
in writing and provide a copy to the parties. The expeditor may
include or omit reasons for the agreement or decision. An
agreement of the parties or a decision of the expeditor is
binding on the parties unless vacated or modified by the court.
If a party does not comply with an agreement of the parties or a
decision of the expeditor, any party may bring a motion with the
court and deleted text begin shall deleted text end new text begin must new text end attach a copy of the parties' written
agreement or new text begin the new text end decision of the expeditor. The court may
enforce, modify, or vacate the agreement of the parties or the
decision of the expeditor.

Sec. 34.

Minnesota Statutes 2004, section 518.1752, is
amended to read:

518.1752 GRANDPARENT new text begin AND OTHERS; new text end VISITATION.

deleted text begin In all proceedings deleted text end new text begin During a proceeding new text end for dissolution or
legal separation, deleted text begin after the commencement of the proceeding deleted text end or at
any time after completion of the proceedings, and continuing
during the new text begin child's new text end minority deleted text begin of the child deleted text end , the court may make an
order granting visitation rights to grandparents deleted text begin under deleted text end new text begin and other
individuals as provided by new text end section 257C.08, subdivision 2.

Sec. 35.

Minnesota Statutes 2004, section 518.176, is
amended to read:

518.176 JUDICIAL SUPERVISION.

deleted text begin Subdivision 1. [LIMITS ON PARENT'S AUTHORITY; HEARING.]
Except as otherwise agreed by the parties in writing at the time
of the custody order, deleted text end new text begin (a) new text end The parent with whom the child resides
may determine the child's upbringing, including education,
health care, and religious training, unless new text begin :
new text end

new text begin (1) otherwise agreed by the parties in writing at the time
of the custody order; or
new text end

new text begin (2) upon motion by the other parent, new text end the court after
hearing deleted text begin , deleted text end finds deleted text begin , upon motion by the other parent, deleted text end that in the
absence of a specific limitation of the authority of the parent
with whom the child resides, the child's physical or emotional
health is likely to be endangered or the child's emotional
development impaired.

deleted text begin Subd. 2. deleted text end

deleted text begin Court order. deleted text end

deleted text begin deleted text end new text begin (b) new text end If both parents or all
contestants agree to the order, or if the court finds that in
the absence of the order the child's physical or emotional
health is likely to be endangered or the child's emotional
development impaired, the court may order the local social
services agency or the department of court services to exercise
continuing supervision over the case under guidelines
established by the court to assure that the custodial or
parenting time terms of the decree are carried out.

Sec. 36.

Minnesota Statutes 2004, section 518.177, is
amended to read:

518.177 deleted text begin NOTIFICATION REGARDING DEPRIVATION OF PARENTAL
RIGHTS LAW deleted text end new text begin REQUIRED NOTICE new text end .

deleted text begin Every deleted text end new text begin A new text end court order and judgment and decree concerning
custody of or parenting time or visitation with a minor child
deleted text begin shall deleted text end new text begin must new text end contain the notice set out in section 518.68,
subdivision 2.

Sec. 37.

Minnesota Statutes 2004, section 518.178, is
amended to read:

518.178 PARENTING TIME AND SUPPORT REVIEW HEARING.

Upon motion of either party, the court deleted text begin shall deleted text end new text begin must new text end conduct a
hearing to review compliance with the parenting time and child
support provisions deleted text begin set forth deleted text end in a decree of dissolution or legal
separation or an order that establishes child custody, parenting
time, and support rights and obligations of parents. The state
court administrator deleted text begin shall deleted text end new text begin must new text end prepare, and each court
administrator deleted text begin shall deleted text end new text begin must new text end make available, simplified pro se forms
for reviewing parenting time and child support disputes. The
court may impose any parenting time enforcement remedy available
under deleted text begin sections 518.175 and 518.1751 deleted text end new text begin this section or section
517B.26 new text end , and any support enforcement remedy available under
section 518.551.

Sec. 38.

Minnesota Statutes 2004, section 518.179,
subdivision 1, is amended to read:

Subdivision 1.

Seeking custody or parenting time.

new text begin (a)
new text end Notwithstanding any contrary provision in section 518.17 or
518.175, deleted text begin if deleted text end a person seeking child custody or parenting time new text begin who
new text end has been convicted of a crime described in subdivision 2 deleted text begin , the
person seeking custody or parenting time deleted text end has the burden to prove
that custody or parenting time by that person is in the best
interests of the child if:

(1) the conviction occurred within the preceding five
years;

(2) the person is currently incarcerated, on probation, or
under supervised release for the offense; or

(3) the victim of the crime was a family or household
member as defined in section 518B.01, subdivision 2.

new text begin (b) new text end If this section applies, the court may not grant
custody or parenting time to the person unless it finds that the
custody or parenting time is in the best interests of the
child. If the victim of the crime was a family or household
member, the standard of proof is clear and convincing evidence.
A guardian ad litem must be appointed in any case where this
section applies.

Sec. 39.

Minnesota Statutes 2004, section 518.18, is
amended to read:

518.18 MODIFICATION OF ORDER.

(a) Unless agreed to in writing by the parties, no motion
to modify a custody order or parenting plan may be made earlier
than one year after the date of the entry of a decree of
dissolution or legal separation containing a provision dealing
with custody, except in accordance with paragraph (c).

(b) If a motion for modification has been heard, whether or
not it was granted, deleted text begin unless agreed to in writing by the parties
deleted text end no subsequent motion may be filed within two years after
disposition of the prior motion on its merits, except new text begin :
new text end

new text begin (1) if otherwise agreed to in writing by the parties; or
new text end

new text begin (2) new text end in accordance with paragraph (c).

(c) The time limitations prescribed in paragraphs (a) and
(b) deleted text begin shall deleted text end new text begin do new text end not prohibit a motion to modify a custody order or
parenting plan if the court finds that there is persistent and
willful denial or interference with parenting time, or has
reason to believe that the child's present environment may
endanger the child's physical or emotional health or impair the
child's emotional development.

(d) deleted text begin If the deleted text end new text begin A new text end court new text begin that new text end has jurisdiction to determine child
custody matters deleted text begin , the court shall deleted text end new text begin must new text end not modify a prior custody
order or a parenting plan provision deleted text begin which deleted text end new text begin that new text end specifies the
child's primary residence unless it finds deleted text begin , upon the basis of
facts, including unwarranted denial of, or interference with, a
duly established parenting time schedule, that have arisen since
the prior order or that were unknown to the court at the time of
the prior order, deleted text end that a change has occurred in the circumstances
of the child or the parties and that the modification is
necessary to serve the best interests of the child. new text begin The court
must make its findings upon the basis of facts, including
unwarranted denial of, or interference with, a duly established
parenting time schedule, that have arisen since the prior order
or that were unknown to the court at the time of the prior
order. new text end In applying these standards the court deleted text begin shall deleted text end new text begin must new text end retain
the custody arrangement or the parenting plan provision
specifying the child's primary residence that was established by
the prior order unless:

deleted text begin (i) deleted text end new text begin (1) new text end the court finds that a change in the custody
arrangement or primary residence is in the best interests of the
child and the parties previously agreed, in a writing approved
by a court, to apply the best interests standard in section
518.17 or 257.025, as applicable; and, with respect to
agreements approved by a court on or after April 28, 2000, both
parties were represented by counsel when the agreement was
approved or the court found the parties were fully informed, the
agreement was voluntary, and the parties were aware of its
implications;

deleted text begin (ii) deleted text end new text begin (2) new text end both parties agree to the modification;

deleted text begin (iii) deleted text end new text begin (3) new text end the child has been integrated into the family of
the petitioner with the consent of the other party; or

deleted text begin (iv) deleted text end new text begin (4) new text end the child's present environment endangers the
child's physical or emotional health or impairs the child's
emotional development new text begin , new text end and the harm likely to be caused by a
change of environment is outweighed by the advantage of a change
to the child.

deleted text begin In addition, deleted text end new text begin (e) new text end A court may modify a custody order or
parenting plan under section 631.52.

deleted text begin (e) deleted text end new text begin (f) new text end In deciding whether to modify a prior joint custody
order, the court deleted text begin shall deleted text end new text begin must new text end apply the standards set forth in
paragraph (d) unless: (1) the parties agree in writing to the
application of a different standard deleted text begin , deleted text end new text begin ; new text end or (2) the party seeking
the modification is asking the court for permission to move the
residence of the child to another state.

deleted text begin (f) If a parent has been granted sole physical custody of a
minor and the child subsequently lives with the other parent,
and temporary sole physical custody has been approved by the
court or by a court-appointed referee,
deleted text end

new text begin (g) new text end The court may suspend the obligor's child support
obligation pending deleted text begin the deleted text end new text begin a new text end final custody determination new text begin if:
new text end

new text begin (1) the obligee has been granted sole physical custody of a
child;
new text end

new text begin (2) the child subsequently lives with the obligor; and
new text end

new text begin (3) a temporary sole custody order has been approved by the
court or a court-approved referee new text end .

deleted text begin The court's deleted text end new text begin A court new text end order denying the suspension of child
support new text begin under this paragraph new text end must include a written explanation
of the reasons why continuation of the child support obligation
would be in the best interests of the child.

new text begin (h) A party seeking modification of a custody order must
submit with moving papers an affidavit setting forth facts
supporting the requested modification. The party must give
notice and a copy of the affidavit to other parties to the
proceeding, who may file opposing affidavits.
new text end

Sec. 40.

Minnesota Statutes 2004, section 518.612, is
amended to read:

518.612 INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY
ORDER.

deleted text begin Failure by a party to make support payments is not a
defense to:
deleted text end

deleted text begin (1) interference with parenting time; or
deleted text end

deleted text begin (2) without the permission of the court or the other
parent, removing a child from this state.
deleted text end

deleted text begin Interference with parenting time or taking a child from
this state without permission of the court or the other parent
is not a defense to nonpayment of support. If a party fails to
make support payments, interferes with parenting time, or
removes a child from the state without permission of the court
or the other parent, the other party may petition the court for
an appropriate order.
deleted text end

new text begin (a) An obligor may not assert as a defense to failure to
pay child support that the obligee interfered with parenting
time or removed the child from the state without permission of
the obligor or the court.
new text end

new text begin (b) An obligee may not assert as a defense to interference
with parenting time or removing the child from the state without
permission of the obligor or the court that the obligor failed
to pay child support.
new text end

new text begin (c) A party may petition the court for an appropriate order
if the other party:
new text end

new text begin (1) fails to make support payments;
new text end

new text begin (2) interferes with parenting time; or
new text end

new text begin (3) removes a child from this state without permission of
the court or the other parent.
new text end

Sec. 41.

Minnesota Statutes 2004, section 518.619, is
amended to read:

518.619 CUSTODY OR deleted text begin VISITATION deleted text end new text begin PARENTING TIME new text end ; MEDIATION
SERVICES.

Subdivision 1.

Mediation proceeding.

Except as provided
in subdivision 2, if it appears on the face of the petition or
other application for an order or modification of an order
for deleted text begin the deleted text end new text begin child new text end custody deleted text begin of a child deleted text end that custody or parenting time
is contested, or that any issue pertinent to a custody or
parenting time determination, including parenting time rights,
is unresolved, the matter may be set for mediation of the
contested issue deleted text begin prior to deleted text end new text begin before new text end , concurrent with, or deleted text begin subsequent
to the deleted text end new text begin after new text end setting deleted text begin of deleted text end the matter for hearing. The purpose of
the mediation proceeding is to reduce acrimony deleted text begin which deleted text end new text begin that new text end may
exist between the parties and to develop an agreement that is
supportive of the child's best interests. The mediator deleted text begin shall
deleted text end new text begin must new text end use best efforts to effect a settlement of the custody or
parenting time dispute, but deleted text begin shall have deleted text end new text begin has new text end no coercive authority.

Subd. 2.

Exception.

If the court determines that there
is probable cause that one of the parties, or a child of a
party, has been physically or sexually abused by deleted text begin the other deleted text end new text begin a
new text end party, the court deleted text begin shall deleted text end new text begin must new text end not require or refer the parties to
mediation or any other process that requires parties to meet and
confer without counsel, if any, present.

Subd. 3.

Mediator appointment.

In order to participate
in a custody mediation, a mediator must be appointed by the
family court. A mediator must be a member of the professional
staff of a family court, probation department, mental health
services agency, or a private mediation service. The mediator
must be on a list of mediators approved by the court having
jurisdiction of the matter, unless the parties stipulate to a
mediator not on the list.

Subd. 4.

Mediator qualifications.

A mediator who
performs mediation in contested child custody matters deleted text begin shall deleted text end new text begin must
new text end meet the following minimum qualifications:

deleted text begin (a) deleted text end new text begin (1) new text end knowledge of the court system and the procedures
used in contested child custody matters;

deleted text begin (b) deleted text end new text begin (2) new text end knowledge of other resources in the community to
which the parties to contested child custody matters can be
referred for assistance;

deleted text begin (c) deleted text end new text begin (3) new text end knowledge of child development, clinical issues
relating to children, the effects of marriage dissolution on
children, and child custody research; and

deleted text begin (d) deleted text end new text begin (4) new text end a minimum of 40 hours of certified mediation
training.

Subd. 5.

Records; private data.

Mediation
proceedings deleted text begin shall deleted text end new text begin must new text end be conducted in private. All records of
a mediation proceeding deleted text begin shall be deleted text end new text begin are new text end private and not available as
evidence in an action for marriage dissolution and related
proceedings on any issue in controversy in the dissolution.

Subd. 6.

Mediator recommendations.

When the parties have
not reached agreement as a result of the mediation proceeding,
the mediator may recommend to the court that an investigation be
conducted under section 518.167, or that other action be taken
to assist the parties to resolve the controversy before new text begin a
new text end hearing on the issues. The mediator may not conduct the
investigation or evaluation unless: (1) the parties agree in new text begin a
new text end writing, executed after the termination of mediation, that the
mediator may conduct the investigation or evaluation, or (2)
there is no other person reasonably available to conduct the
investigation or evaluation. The mediator may recommend that
mutual restraining orders be issued in appropriate cases,
pending determination of the controversy, to protect the
well-being of the children involved in the controversy.

Subd. 7.

Mediation agreement.

An agreement reached by
the parties as a result of mediation deleted text begin shall deleted text end new text begin must new text end be discussed by
the parties with their attorneys, if any deleted text begin , and deleted text end new text begin . new text end The approved
agreement may then be included in the marital dissolution decree
or other stipulation submitted to the court. An agreement
reached by the parties as a result of mediation may not be
presented to the court nor made enforceable unless the parties
and their counsel, if any, consent to its presentation to the
court, and the court adopts the agreement.

Subd. 8.

Rules.

Each court deleted text begin shall deleted text end new text begin must new text end adopt rules to
implement this section, and deleted text begin shall deleted text end new text begin must new text end compile and maintain a
list of mediators.

Sec. 42.

Minnesota Statutes 2004, section 519.11,
subdivision 1, is amended to read:

Subdivision 1.

Antenuptial contract.

A man and woman of
legal age may enter into an antenuptial contract or settlement
prior to solemnization of marriage which shall be valid and
enforceable if (a) there is a full and fair disclosure of the
earnings and property of each party, and (b) the parties have
had an opportunity to consult with legal counsel of their own
choice. An antenuptial contract or settlement made in
conformity with this section may determine what rights each
party has in the nonmarital property, defined in section 518.54,
subdivision 5, clauses deleted text begin (a) deleted text end new text begin (1) new text end to deleted text begin (d) deleted text end new text begin (4) new text end , upon dissolution of
marriage, legal separation or after its termination by death and
may bar each other of all rights in the respective estates not
so secured to them by their agreement. This section shall not
be construed to make invalid or unenforceable any antenuptial
agreement or settlement made and executed in conformity with
this section because the agreement or settlement covers or
includes marital property, if the agreement or settlement would
be valid and enforceable without regard to this section.

Sec. 43. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes must renumber the sections in
Minnesota Statutes listed in column A as indicated in column B
and correct cross-references to those sections throughout
Minnesota Statutes and Minnesota Rules.
new text end

new text begin A new text end new text begin B
518.003, subd. 2 new text end new text begin 517B.01, subd. 5
518.003, subd. 3 new text end new text begin 517B.01, subd. 2
518.003, subd. 4 new text end new text begin 517B.01, subd. 3
518.003, subd. 5 new text end new text begin 517B.01, subd. 4
518.155 new text end new text begin 517B.02
518.156 new text end new text begin 517B.13
518.157 new text end new text begin 517B.06
518.165, subd. 1 new text end new text begin 517B.08, subd. 1
518.165, subd. 2 new text end new text begin 518B.08, subd. 2
518.165, subd. 2a new text end new text begin 517B.08, subd. 3
518.165, subd. 3 new text end new text begin 517B.08, subd. 4
518.166 new text end new text begin 517B.14
518.167 new text end new text begin 517B.15
518.168 new text end new text begin 517B.16
518.1705 new text end new text begin 517B.28
518.175, subd. 1 new text end new text begin 517B.25, subd. 1
518.175, subd. 1a new text end new text begin 517B.25, subd. 2
518.175, subd. 2 new text end new text begin 517B.25, subd. 3
518.175, subd. 3 new text end new text begin 517B.25, subd. 4
518.175, subd. 5 new text end new text begin 517B.25, subd. 6
new text end

ARTICLE 3

CHILD SUPPORT

Section 1.

new text begin [517C.01] TITLE.
new text end

new text begin This chapter may be cited as the "Minnesota Child Support
Act."
new text end

Sec. 2.

new text begin [517C.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section
apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Arrears. new text end

new text begin "Arrears" means amounts owed under a
support order that are past due. Arrears include:
new text end

new text begin (1) child support;
new text end

new text begin (2) the entire amount of court-ordered past support and
pregnancy and confinement expenses if:
new text end

new text begin (i) the order does not contain repayment terms; or
new text end

new text begin (ii) the order contains repayment terms and the obligor
fails to comply with the repayment terms; and
new text end

new text begin (3) attorney fees and any other collection costs addressed
in a support order under section 517C.84.
new text end

new text begin Subd. 3. new text end

new text begin Basic support. new text end

new text begin "Basic support" means 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 private school tuition, child care
expenses, and medical and dental expenses.
new text end

new text begin Subd. 4. new text end

new text begin Business day. new text end

new text begin "Business day" means a day on
which state offices are open for regular business.
new text end

new text begin Subd. 5. new text end

new text begin Child. new text end

new text begin "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.
new text end

new text begin Subd. 6. new text end

new text begin Child support. new text end

new text begin "Child support" means an amount
for basic support, child care support, and medical support
pursuant to:
new text end

new text begin (1) an award in a dissolution, legal separation, annulment,
or parentage proceeding for the care, support, and education of
a child of the marriage or of the parties to the proceeding;
new text end

new text begin (2) a contribution by parents ordered under section 256.87;
or
new text end

new text begin (3) support ordered under chapter 518B or 518C.
new text end

new text begin Subd. 7. new text end

new text begin Deposit account. new text end

new text begin "Deposit account" means funds
deposited with a financial institution in the form of a savings
account, checking account, NOW account, or demand deposit
account.
new text end

new text begin Subd. 8. new text end

new text begin Financial institution. new text end

new text begin "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.
new text end

new text begin Subd. 9. new text end

new text begin Obligee. new text end

new text begin "Obligee" means a person to whom
payments for child support are owed.
new text end

new text begin Subd. 10. new text end

new text begin Obligor. new text end

new text begin "Obligor" means a person obligated to
pay child support. A person who is designated as the sole
physical custodian of a child is presumed not to be an obligor
for purposes of calculating current support unless the court
makes specific written findings to overcome this presumption.
For purposes of ordering medical support under section 517C.17,
a custodial parent may be an obligor subject to a cost-of-living
adjustment under section 517C.31 and a payment agreement under
section 517C.71.
new text end

new text begin Subd. 11. new text end

new text begin Payment. new text end

new text begin "Payment" means the payment of child
support and related payments required by order of a tribunal,
voluntary support, or statutory fees.
new text end

new text begin Subd. 12. new text end

new text begin Payor of funds. new text end

new text begin "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.
new text end

new text begin Subd. 13. new text end

new text begin Public authority. new text end

new text begin "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.
new text end

new text begin Subd. 14. new text end

new text begin Support order. new text end

new text begin (a) "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 that:
new text end

new text begin (1) provides for the support 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;
new text end

new text begin (2) provides for basic support, child care, medical support
including expenses for confinement and pregnancy, arrears, or
reimbursement; and
new text end

new text begin (3) may include related costs and fees, interest and
penalties, income withholding, and other relief.
new text end

new text begin (b) The definition in paragraph (a) applies to orders
issued under this chapter and chapters 256, 257, and 518C.
new text end

new text begin Subd. 15. new text end

new text begin Tribunal. new text end

new text begin "Tribunal" has the meaning given in
section 518C.101.
new text end

new text begin Subd. 16. new text end

new text begin Unclaimed support funds. new text end

new text begin "Unclaimed support
funds" means any support payments collected by the public
authority from the obligor which have not been disbursed to the
obligee or public authority.
new text end

new text begin Subd. 17. new text end

new text begin Iv-d case. new text end

new text begin "IV-D case" means a case where a
party assigns rights to child support to the state because the
party receives public assistance, as defined in section 256.741,
or applies for child support services under title IV-D of the
Social Security Act, United States Code, title 42, section
654(4).
new text end

Sec. 3.

new text begin [517C.04] CHILD SUPPORT ORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Order. new text end

new text begin (a) Upon dissolution of marriage,
legal separation, annulment, establishment of paternity, or when
otherwise required by statute, the court must order child
support as provided by this chapter.
new text end

new text begin (b) Nothing contained in this chapter limits the power of
the court to make appropriate, adequate orders for the support
and education of a child of the parties to a dissolution, legal
separation, or annulment action if the dissolution, legal
separation, or annulment is denied.
new text end

new text begin Subd. 2. new text end

new text begin Provisions. new text end

new text begin Child support orders must provide
for general child-rearing costs or basic support and must also
specifically address child care costs and medical care,
providing for those costs pursuant to this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Agreements. new text end

new text begin If the parties stipulate or agree
to a child support order, the court must review the agreement to
ensure it serves the best interests of the child. The Minnesota
Supreme Court may promulgate rules regarding the review of
stipulations and agreements. The court may refuse to accept or
may alter an agreement that does not conform with the
requirements of this chapter or that is otherwise not in the
best interests of the child.
new text end

new text begin Subd. 4. new text end

new text begin Specific dollar amount. new text end

new text begin (a) The court must
order child support in a specific dollar amount.
new text end

new text begin (b) The court may order an obligor to pay child support in
the form of a percentage share of the obligor's net bonuses,
commissions, or other forms of compensation, in addition to, or,
if the obligor receives no base pay, in lieu of an order for a
specific dollar amount.
new text end

new text begin Subd. 5. new text end

new text begin Preference for monthly payment. new text end

new text begin There is a
presumption in favor of ordering child support in an amount that
reflects an obligor's monthly obligation.
new text end

new text begin Subd. 6. new text end

new text begin Preference for static payment. new text end

new text begin There is a
presumption in favor of ordering child support so that an
obligor makes the same monthly payments throughout the year, as
opposed to payment amounts that fluctuate by season or month.
If the obligor is seasonally employed, it is generally the
obligor's responsibility to budget income accordingly.
new text end

new text begin Subd. 7. new text end

new text begin Departure. new text end

new text begin The court may depart from a
presumption in subdivision 5 or 6 if:
new text end

new text begin (1) all parties agree; or
new text end

new text begin (2) the presumption would impose an extreme hardship on the
obligor and would not be in the best interests of the child.
new text end

new text begin Subd. 8. new text end

new text begin Child support to be distinguished from
maintenance. new text end

new text begin In a judgment of dissolution or legal separation,
the court must clearly distinguish between payments ordered for
maintenance and payments ordered for child support. An award of
payments from future income or earnings of the parent with whom
the child resides is presumed to be maintenance and an award of
payments from the future income or earnings of the other parent
is presumed to be child support, unless otherwise designated by
the court.
new text end

new text begin Subd. 9. new text end

new text begin Other custodians. new text end

new text begin If a child resides with a
person other than a parent and the court approves of the custody
arrangement, the court may order child support payments to be
made to the custodian regardless of whether the person has legal
custody.
new text end

new text begin Subd. 10. new text end

new text begin Either parent liable; marital misconduct
irrelevant. new text end

new text begin The court may order either or both parents owing a
duty of support to a child to pay an amount reasonable or
necessary for the child's support, without regard to marital
misconduct.
new text end

Sec. 4.

new text begin [517C.05] TEMPORARY ORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Motion; scope. new text end

new text begin In a child support
proceeding a party may, by motion, request that the court grant
a temporary order pending the final disposition of the
proceeding for temporary child support, costs, and reasonable
attorney fees. Additionally, to facilitate the just and speedy
disposition of the proceeding, the court may require a party to
perform or refrain from performing additional acts.
new text end

new text begin Subd. 2. new text end

new text begin Duration. new text end

new text begin A temporary order continues in full
force and effect until:
new text end

new text begin (1) it is amended;
new text end

new text begin (2) it is vacated;
new text end

new text begin (3) the main action is dismissed; or
new text end

new text begin (4) a final decree of dissolution, legal separation, or
other final order is entered.
new text end

new text begin Subd. 3. new text end

new text begin Factors. new text end

new text begin The court must consider the factors
set forth in this chapter in making temporary orders.
new text end

new text begin Subd. 4. new text end

new text begin Evidence. new text end

new text begin Temporary orders must be made solely
on the basis of affidavits and argument of counsel unless:
new text end

new text begin (1) a party makes a timely motion or responsive motion to
hear the matter on oral testimony before the court; or
new text end

new text begin (2) the court, in its discretion, orders the taking of oral
testimony.
new text end

new text begin Subd. 5. new text end

new text begin Limited effect. new text end

new text begin A temporary order does not
prejudice the rights of the parties or the child that are to be
adjudicated at subsequent hearings in the proceeding.
new text end

new text begin Subd. 6. new text end

new text begin Revocation; modification. new text end

new text begin A temporary order may
be revoked or modified by the court before the final disposition
of the proceeding upon the same grounds and subject to the same
requirements as the initial granting of the order.
new text end

Sec. 5.

new text begin [517C.06] DETERMINATION OF CONTROLLING ORDER.
new text end

new text begin The public authority or a party may request the court to
determine a controlling order when more than one order involving
the same obligor and child exists.
new text end

Sec. 6.

new text begin [517C.07] ATTORNEY FEES; COSTS AND
DISBURSEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin (a) Except as provided in
section 517C.84, in a proceeding under this chapter the court
must award attorney fees, costs, and disbursements in an amount
necessary to enable a party to carry on or contest the
proceeding if:
new text end

new text begin (1) the fees are necessary for the good-faith assertion of
the party's rights in the proceeding and will not contribute
unnecessarily to the length and expense of the proceeding;
new text end

new text begin (2) the party from whom fees, costs, and disbursements are
sought has the means to pay them; and
new text end

new text begin (3) the party to whom fees, costs, and disbursements are
awarded does not have the means to pay them.
new text end

new text begin (b) Fees, costs, and disbursements may be awarded at any
point during or after a proceeding under this chapter, including
if a proceeding is dismissed or abandoned.
new text end

new text begin (c) The court may assess costs and disbursements against
either party.
new text end

new text begin Subd. 2. new text end

new text begin Unreasonable actions. new text end

new text begin The court may, in its
discretion, assess additional fees, costs, and disbursements
against a party who unreasonably contributes to the length or
expense of the proceeding.
new text end

new text begin Subd. 3. new text end

new text begin Collection. new text end

new text begin The court may authorize the
collection of money awarded by execution, out of property
sequestered, or in any other manner within the power of the
court. An award of attorney fees survives the proceeding. If
the award is not paid by the party directed to pay it, the award
may be enforced as provided by this subdivision or by a separate
civil action brought in the attorney's own name.
new text end

Sec. 7.

new text begin [517C.10] EXCHANGE OF INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Documentation. new text end

new text begin (a) The parties must
timely serve and file documentation of earnings and income.
When there is a prehearing conference, the court must receive
the documentation at least ten days before the prehearing
conference.
new text end

new text begin (b) Documentation of earnings and income includes, but is
not limited to, pay stubs for the most recent three months,
employer statements, or statement of receipts and expenses if
self-employed. Documentation of earnings and income also
includes copies of each parent's most recent federal tax
returns, W-2 forms, 1099 forms, unemployment insurance benefits
statements, workers' compensation statements, and all other
documents evidencing the receipt of income that provide
verification of income over a longer period.
new text end

new text begin Subd. 2. new text end

new text begin Exchange of tax returns. new text end

new text begin At any time after a
party commences an action seeking child support 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 other party's
most recent federal tax returns that were filed with the
Internal Revenue Service. The party must provide a copy of the
tax returns within 30 days of receiving the request unless the
request is not made in good faith. A party may not make a
request under this subdivision more than once every two years,
in the absence of good cause.
new text end

new text begin Subd. 3. new text end

new text begin Notice of address or residence change. new text end

new text begin An
obligor must notify other parties of a change of address or
residence within 60 days of the address or residence change.
new text end

new text begin Subd. 4. new text end

new text begin Notice to public authority; public assistance.
new text end

new text begin The petitioner must notify the public authority of all
proceedings for dissolution, legal separation, determination of
parentage, or for the custody of a child, if either party is
receiving public assistance or applies for it subsequent to the
commencement of the proceeding. The notice must contain the
full names of the parties to the proceeding, their Social
Security account numbers, and their birth dates.
new text end

new text begin Subd. 5. new text end

new text begin Failure of notice. new text end

new text begin If the court in a
dissolution, legal separation, or determination of parentage
proceeding, finds before issuing the order for judgment and
decree, that notification has not been given to the public
authority, the court must set child support according to the
guidelines in this chapter. In those proceedings in which no
notification has been made pursuant to this section and in which
the public authority determines that the judgment is lower than
the child support required by the guidelines in this chapter, it
must move the court for a redetermination of the support
payments ordered so that the support payments comply with the
guidelines.
new text end

Sec. 8.

new text begin [517C.11] PRIVACY PROTECTION; PERSONAL
PROTECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Social security numbers; tax returns. new text end

new text begin The
Social Security numbers and tax returns required under this
chapter are not accessible to the public, except that they must
be disclosed to the other parties to a proceeding as provided in
section 517C.10.
new text end

new text begin Subd. 2. new text end

new text begin Modification of certain requirements. new text end

new text begin The court
may waive, modify, or limit the information exchange
requirements of this chapter by order if necessary to protect a
party from contact by another party.
new text end

new text begin Subd. 3. new text end

new text begin Access to address for service of process. new text end

new text begin (a)
If the public authority is a party or is providing services in a
child support case, a party may obtain an ex parte order under
this subdivision. The party may obtain an ex parte order
requiring the public authority to serve legal documents on the
other party by mail if the party submits a sworn affidavit to
the court stating that:
new text end

new text begin (1) the party needs to serve legal process in a support
proceeding and does not have access to the address of the other
party;
new text end

new text begin (2) the party has made reasonable efforts to locate the
other party; and
new text end

new text begin (3) the other party is not represented by counsel.
new text end

new text begin (b) The public authority must serve legal documents
provided by the moving party at the last known address of the
other party upon receipt of a court order under paragraph (a).
The public authority must provide for appropriate service and
must certify to all parties the date of service by mail. The
public authority's proof of service must not include the place
or address of service.
new text end

new text begin (c) The state court administrator must prepare and make
available forms for use in seeking access to an address under
this subdivision.
new text end

Sec. 9.

new text begin [517C.12] INCOME.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of calculating
child support under this chapter, "income" means gross income.
new text end

new text begin Subd. 2. new text end

new text begin Sources. new text end

new text begin For purposes of this chapter, income
includes any form of periodic payment to an individual
including, but not limited to:
new text end

new text begin (1) wages;
new text end

new text begin (2) salaries;
new text end

new text begin (3) payments to an independent contractor;
new text end

new text begin (4) workers' compensation;
new text end

new text begin (5) unemployment insurance benefits;
new text end

new text begin (6) annuity;
new text end

new text begin (7) military and naval retirement;
new text end

new text begin (8) pension and disability payments; and
new text end

new text begin (9) in-kind payments received by the obligor in the course
of employment, self-employment, or operation of a business if
the payments reduce the obligor's living expenses.
new text end

new text begin Subd. 3. new text end

new text begin Commissions; bonuses. new text end

new text begin If the court finds that a
party's commissions or bonuses are reliable and predictable, the
court may include them in income calculations.
new text end

new text begin Subd. 4. new text end

new text begin Self-employment; independent contractors.
new text end

new text begin Income from self-employment is equal to gross receipts minus
ordinary and necessary expenses. Ordinary and necessary
expenses include what would otherwise be the employer's share of
the contributions under the Federal Insurance Contributions Act
(FICA), United States Code, title 26, subtitle C, chapter 21,
subchapter A, sections 3101 to 3126. Ordinary and necessary
expenses do not necessarily include amounts allowed by the
Internal Revenue Service for accelerated depreciation expenses
or investment tax credits or any other business expenses
determined by the court to be inappropriate for determining
income for purposes of child support. The person seeking to
deduct an expense, including depreciation, has the burden of
proving, if challenged, that the expense is ordinary and
necessary. Income calculated under this section may be
different from taxable income.
new text end

new text begin Subd. 5. new text end

new text begin Public assistance exclusions. new text end

new text begin Benefits received
under chapter 256J and title IV-A of the Social Security Act are
not income under this section.
new text end

new text begin Subd. 6. new text end

new text begin Overtime. new text end

new text begin (a) Income does not include
compensation received by a party for employment in excess of a
40-hour work week if:
new text end

new text begin (1) the excess employment is not within the normal range of
hours worked, given the party's employment history;
new text end

new text begin (2) the excess employment is voluntary and not a condition
of employment;
new text end

new text begin (3) the excess employment is in the nature of additional,
part-time, or overtime employment compensable by the hour or
fraction of an hour; and
new text end

new text begin (4) the party's compensation structure has not been changed
for the purpose of affecting a child support obligation.
new text end

new text begin (b) The court may presume that a party with seasonal or
intermittent income who works periods in excess of a 40-hour
work week, but who works a substantially normal number of hours
over the course of a year, is working within the normal range of
hours worked.
new text end

new text begin Subd. 7. new text end

new text begin Income of a spouse or other household
member. new text end

new text begin (a) Income must not include the income of a party's
spouse or other household member. The court must not consider
the income or resources provided by a spouse or other household
member when determining all the earnings, income, and resources
of a parent under sections 517C.25 to 517C.29.
new text end

new text begin (b) Notwithstanding paragraph (a), the court may issue an
order permitting discovery of a spouse's or other household
member's income information if there is probable cause to
believe the spouse or other household member is being used to
shelter income from a party. If the court finds that income was
improperly or unfairly sheltered, it may impute income to the
party or otherwise adjust the support amount in a just and
proper manner. However, the court may not under any
circumstances consider income or resources properly attributable
to a spouse or other household member when setting support.
new text end

new text begin Subd. 8. new text end

new text begin Prior child support or maintenance orders. new text end

new text begin The
amount of a child support or maintenance order, not including
orders for child support or maintenance debts or arrears, must
be deducted from income.
new text end

new text begin Subd. 9. new text end

new text begin Legally dependent child. new text end

new text begin (a) For purposes of
this subdivision, a "legally dependent child" means a child:
new text end

new text begin (1) whose primary residence is with a parent eligible for a
deduction from income under this subdivision;
new text end

new text begin (2) whom the parent has the legal duty to support;
new text end

new text begin (3) who is not a subject of the current child support
action;
new text end

new text begin (4) for whom the parent is not ordered to pay child
support; and
new text end

new text begin (5) for whom no other person has court-ordered sole
physical custody.
new text end

new text begin (b) The court must deduct an amount from a parent's income
for a legally dependent child. The amount deducted from income
for each legally dependent child must be computed using the
following method:
new text end

new text begin (1) determine 120 percent of the federal poverty guidelines
for a family size equal to two parents plus each legally
dependent child;
new text end

new text begin (2) divide the amount determined under clause (1) by the
family size determined under clause (1);
new text end

new text begin (3) multiply the amount calculated under clause (2) by the
number of legally dependent children; and
new text end

new text begin (4) divide the amount calculated under clause (3) by two to
determine the deduction amount for one parent. The amount
determined for one parent must be divided by 12 to determine the
amount of the deduction from a parent's monthly income.
new text end

new text begin (c) The commissioner of human services must publish a table
listing the amount of the deduction for each legally dependent
child by family size and must update the table for changes to
the federal poverty guidelines by July 1 of each year.
new text end

Sec. 10.

new text begin [517C.13] IMPUTED INCOME.
new text end

new text begin Subdivision 1. new text end

new text begin Nonappearance of a parent. new text end

new text begin If a parent
under the jurisdiction of the court does not appear at a court
hearing after proper notice of the time and place of the
hearing, the court must set income for that parent based on
credible evidence before the court or in accordance with
subdivision 3. 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.
new text end

new text begin Subd. 2. new text end

new text begin Voluntary unemployment or underemployment. new text end

new text begin (a)
The principles of income imputation apply equally to both
parents.
new text end

new text begin (b) If the court finds that a parent is voluntarily
unemployed or underemployed or was voluntarily unemployed or
underemployed during the period for which past support is being
sought, a court must calculate support based on a determination
of imputed income.
new text end

new text begin (c) A parent is not considered voluntarily unemployed or
underemployed upon a showing by the parent that:
new text end

new text begin (1) the unemployment or underemployment is temporary and
will ultimately lead to an increase in income;
new text end

new text begin (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;
new text end

new text begin (3) the parent is a recipient of public assistance under
section 256.741; or
new text end

new text begin (4) the parent is physically or mentally incapacitated.
new text end

new text begin (d) Imputed income means the estimated earning ability of a
parent based on the parent's prior earnings history, education,
and job skills, and on availability of jobs within the community
for an individual with the parent's qualifications.
new text end

new text begin Subd. 3. new text end

new text begin Insufficient information. new text end

new text begin If there is
insufficient information to determine actual income or to impute
income pursuant to subdivision 1 or 2, the court may calculate
support based on full-time employment of 40 hours per week at
150 percent of the federal minimum wage or the Minnesota minimum
wage, whichever is higher.
new text end

Sec. 11.

new text begin [517C.14] PRESUMPTIVE CHILD SUPPORT ORDER;
GENERAL.
new text end

new text begin Subdivision 1. new text end

new text begin Rebuttable presumption. new text end

new text begin The guidelines in
sections 517C.12 to 517C.18 are a rebuttable presumption and
must be used in all cases when establishing or modifying child
support.
new text end

new text begin Subd. 2. new text end [CHILD'S INSURANCE BENEFIT.] new text begin In establishing or
modifying child support, if a child receives a child's insurance
benefit under United States Code, title 42, section 402, because
the obligor is entitled to old age or disability insurance
benefits, the amount of support ordered must be offset by the
amount of the child's benefit. The court must make findings
regarding the obligor's income from all sources, the child
support amount calculated under this chapter, the amount of the
child's benefit, and the obligor's child support obligation. A
benefit received by the child in a given month in excess of the
child support obligation must not be treated as a payment of
arrears or a future payment.
new text end

Sec. 12.

new text begin [517C.15] BASIC SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Basic support; schedule. new text end

new text begin (a) Unless
otherwise agreed to by the parents and approved by the court,
the court must order that basic support be divided between the
parents based on their proportionate share of the parents'
combined monthly income, as determined under section 517C.12.
new text end

new text begin (b) For parents with a combined monthly income less than or
equal to 100 percent of the federal poverty guidelines amount
for two people, the commissioner of human services must
determine the amounts in this paragraph by taking two times the
minimum basic support amount under section 517C.18, subdivision
2, divided by 100 percent of the federal poverty guidelines
amount for two people. For all other parents, basic support
must be computed using the following schedule, prepared based on
2001 United States Department of Agriculture expenditure data:
new text end

new text begin Parents' new text end new text begin Number of Children
Combined
Monthly Income new text end new text begin One new text end new text begin Two new text end new text begin Three new text end new text begin Four new text end new text begin Five new text end new text begin Six
new text end

new text begin $0- $199 new text end new text begin $10 new text end new text begin $16 new text end new text begin $19 new text end new text begin $22 new text end new text begin $25 new text end new text begin $29
new text end

new text begin 200- 299 new text end new text begin 20 new text end new text begin 32 new text end new text begin 37 new text end new text begin 43 new text end new text begin 50 new text end new text begin 58
new text end

new text begin 300- 399 new text end new text begin 30 new text end new text begin 48 new text end new text begin 56 new text end new text begin 65 new text end new text begin 75 new text end new text begin 87
new text end

new text begin 400- 499 new text end new text begin 40 new text end new text begin 64 new text end new text begin 74 new text end new text begin 86 new text end new text begin 100 new text end new text begin 116
new text end

new text begin 500- 599 new text end new text begin 50 new text end new text begin 81 new text end new text begin 93 new text end new text begin 108 new text end new text begin 126 new text end new text begin 146
new text end

new text begin 600- 699 new text end new text begin 60 new text end new text begin 97 new text end new text begin 112 new text end new text begin 130 new text end new text begin 151 new text end new text begin 175
new text end

new text begin 700- 799 new text end new text begin 70 new text end new text begin 113 new text end new text begin 130 new text end new text begin 151 new text end new text begin 176 new text end new text begin 204
new text end

new text begin 800- 899 new text end new text begin 80 new text end new text begin 129 new text end new text begin 149 new text end new text begin 173 new text end new text begin 201 new text end new text begin 233
new text end

new text begin 900- 999 new text end new text begin 90 new text end new text begin 145 new text end new text begin 167 new text end new text begin 194 new text end new text begin 226 new text end new text begin 262
new text end

new text begin 1,000- 1,099 new text end new text begin 116 new text end new text begin 161 new text end new text begin 186 new text end new text begin 216 new text end new text begin 251 new text end new text begin 291
new text end

new text begin 1,100- 1,199 new text end new text begin 145 new text end new text begin 205 new text end new text begin 237 new text end new text begin 275 new text end new text begin 320 new text end new text begin 370
new text end

new text begin 1,200- 1,299 new text end new text begin 177 new text end new text begin 254 new text end new text begin 294 new text end new text begin 341 new text end new text begin 396 new text end new text begin 459
new text end

new text begin 1,300- 1,399 new text end new text begin 212 new text end new text begin 309 new text end new text begin 356 new text end new text begin 414 new text end new text begin 480 new text end new text begin 557
new text end

new text begin 1,400- 1,499 new text end new text begin 251 new text end new text begin 368 new text end new text begin 425 new text end new text begin 493 new text end new text begin 573 new text end new text begin 664
new text end

new text begin 1,500- 1,599 new text end new text begin 292 new text end new text begin 433 new text end new text begin 500 new text end new text begin 580 new text end new text begin 673 new text end new text begin 780
new text end

new text begin 1,600- 1,699 new text end new text begin 337 new text end new text begin 502 new text end new text begin 580 new text end new text begin 673 new text end new text begin 781 new text end new text begin 905
new text end

new text begin 1,700- 1,799 new text end new text begin 385 new text end new text begin 577 new text end new text begin 666 new text end new text begin 773 new text end new text begin 897 new text end new text begin 1,040
new text end

new text begin 1,800- 1,899 new text end new text begin 436 new text end new text begin 657 new text end new text begin 758 new text end new text begin 880 new text end new text begin 1,021 new text end new text begin 1,183
new text end

new text begin 1,900- 1,999 new text end new text begin 490 new text end new text begin 742 new text end new text begin 856 new text end new text begin 994 new text end new text begin 1,152 new text end new text begin 1,336
new text end

new text begin 2,000- 2,099 new text end new text begin 516 new text end new text begin 832 new text end new text begin 960 new text end new text begin 1,114 new text end new text begin 1,292 new text end new text begin 1,498
new text end

new text begin 2,100- 2,199 new text end new text begin 528 new text end new text begin 851 new text end new text begin 981 new text end new text begin 1,139 new text end new text begin 1,320 new text end new text begin 1,531
new text end

new text begin 2,200- 2,299 new text end new text begin 538 new text end new text begin 867 new text end new text begin 1,000 new text end new text begin 1,160 new text end new text begin 1,346 new text end new text begin 1,561
new text end

new text begin 2,300- 2,399 new text end new text begin 546 new text end new text begin 881 new text end new text begin 1,016 new text end new text begin 1,179 new text end new text begin 1,367 new text end new text begin 1,586
new text end

new text begin 2,400- 2,499 new text end new text begin 554 new text end new text begin 893 new text end new text begin 1,029 new text end new text begin 1,195 new text end new text begin 1,385 new text end new text begin 1,608
new text end

new text begin 2,500- 2,599 new text end new text begin 560 new text end new text begin 903 new text end new text begin 1,040 new text end new text begin 1,208 new text end new text begin 1,400 new text end new text begin 1,625
new text end

new text begin 2,600- 2,699 new text end new text begin 570 new text end new text begin 920 new text end new text begin 1,060 new text end new text begin 1,230 new text end new text begin 1,426 new text end new text begin 1,655
new text end

new text begin 2,700- 2,799 new text end new text begin 580 new text end new text begin 936 new text end new text begin 1,078 new text end new text begin 1,251 new text end new text begin 1,450 new text end new text begin 1,683
new text end

new text begin 2,800- 2,899 new text end new text begin 589 new text end new text begin 950 new text end new text begin 1,094 new text end new text begin 1,270 new text end new text begin 1,472 new text end new text begin 1,707
new text end

new text begin 2,900- 2,999 new text end new text begin 596 new text end new text begin 963 new text end new text begin 1,109 new text end new text begin 1,287 new text end new text begin 1,492 new text end new text begin 1,730
new text end

new text begin 3,000- 3,099 new text end new text begin 603 new text end new text begin 975 new text end new text begin 1,122 new text end new text begin 1,302 new text end new text begin 1,509 new text end new text begin 1,749
new text end

new text begin 3,100- 3,199 new text end new text begin 613 new text end new text begin 991 new text end new text begin 1,141 new text end new text begin 1,324 new text end new text begin 1,535 new text end new text begin 1,779
new text end

new text begin 3,200- 3,299 new text end new text begin 623 new text end new text begin 1,007 new text end new text begin 1,158 new text end new text begin 1,344 new text end new text begin 1,558 new text end new text begin 1,807
new text end

new text begin 3,300- 3,399 new text end new text begin 632 new text end new text begin 1,021 new text end new text begin 1,175 new text end new text begin 1,363 new text end new text begin 1,581 new text end new text begin 1,833
new text end

new text begin 3,400- 3,499 new text end new text begin 640 new text end new text begin 1,034 new text end new text begin 1,190 new text end new text begin 1,380 new text end new text begin 1,601 new text end new text begin 1,857
new text end

new text begin 3,500- 3,599 new text end new text begin 648 new text end new text begin 1,047 new text end new text begin 1,204 new text end new text begin 1,397 new text end new text begin 1,621 new text end new text begin 1,880
new text end

new text begin 3,600- 3,699 new text end new text begin 657 new text end new text begin 1,062 new text end new text begin 1,223 new text end new text begin 1,418 new text end new text begin 1,646 new text end new text begin 1,909
new text end

new text begin 3,700- 3,799 new text end new text begin 667 new text end new text begin 1,077 new text end new text begin 1,240 new text end new text begin 1,439 new text end new text begin 1,670 new text end new text begin 1,937
new text end

new text begin 3,800- 3,899 new text end new text begin 676 new text end new text begin 1,018 new text end new text begin 1,257 new text end new text begin 1,459 new text end new text begin 1,693 new text end new text begin 1,963
new text end

new text begin 3,900- 3,999 new text end new text begin 684 new text end new text begin 1,104 new text end new text begin 1,273 new text end new text begin 1,478 new text end new text begin 1,715 new text end new text begin 1,988
new text end

new text begin 4,000- 4,099 new text end new text begin 692 new text end new text begin 1,116 new text end new text begin 1,288 new text end new text begin 1,496 new text end new text begin 1,736 new text end new text begin 2,012
new text end

new text begin 4,100- 4,199 new text end new text begin 701 new text end new text begin 1,132 new text end new text begin 1,305 new text end new text begin 1,516 new text end new text begin 1,759 new text end new text begin 2,039
new text end

new text begin 4,200- 4,299 new text end new text begin 710 new text end new text begin 1,147 new text end new text begin 1,322 new text end new text begin 1,536 new text end new text begin 1,781 new text end new text begin 2,064
new text end

new text begin 4,300- 4,399 new text end new text begin 718 new text end new text begin 1,161 new text end new text begin 1,338 new text end new text begin 1,554 new text end new text begin 1,802 new text end new text begin 2,088
new text end

new text begin 4,400- 4,499 new text end new text begin 726 new text end new text begin 1,175 new text end new text begin 1,353 new text end new text begin 1,572 new text end new text begin 1,822 new text end new text begin 2,111
new text end

new text begin 4,500- 4,599 new text end new text begin 734 new text end new text begin 1,184 new text end new text begin 1,368 new text end new text begin 1,589 new text end new text begin 1,841 new text end new text begin 2,133
new text end

new text begin 4,600- 4,699 new text end new text begin 743 new text end new text begin 1,200 new text end new text begin 1,386 new text end new text begin 1,608 new text end new text begin 1,864 new text end new text begin 2,160
new text end

new text begin 4,700- 4,799 new text end new text begin 753 new text end new text begin 1,215 new text end new text begin 1,402 new text end new text begin 1,627 new text end new text begin 1,887 new text end new text begin 2,186
new text end

new text begin 4,800- 4,899 new text end new text begin 762 new text end new text begin 1,231 new text end new text begin 1,419 new text end new text begin 1,645 new text end new text begin 1,908 new text end new text begin 2,212
new text end

new text begin 4,900- 4,999 new text end new text begin 771 new text end new text begin 1,246 new text end new text begin 1,435 new text end new text begin 1,663 new text end new text begin 1,930 new text end new text begin 2,236
new text end

new text begin 5,000- 5,099 new text end new text begin 780 new text end new text begin 1,260 new text end new text begin 1,450 new text end new text begin 1,680 new text end new text begin 1,950 new text end new text begin 2,260
new text end

new text begin 5,100- 5,199 new text end new text begin 788 new text end new text begin 1,275 new text end new text begin 1,468 new text end new text begin 1,701 new text end new text begin 1,975 new text end new text begin 2,289
new text end

new text begin 5,200- 5,299 new text end new text begin 797 new text end new text begin 1,290 new text end new text begin 1,485 new text end new text begin 1,722 new text end new text begin 1,999 new text end new text begin 2,317
new text end

new text begin 5,300- 5,399 new text end new text begin 805 new text end new text begin 1,304 new text end new text begin 1,502 new text end new text begin 1,743 new text end new text begin 2,022 new text end new text begin 2,345
new text end

new text begin 5,400- 5,499 new text end new text begin 812 new text end new text begin 1,318 new text end new text begin 1,518 new text end new text begin 1,763 new text end new text begin 2,046 new text end new text begin 2,372
new text end

new text begin 5,500- 5,599 new text end new text begin 820 new text end new text begin 1,331 new text end new text begin 1,535 new text end new text begin 1,782 new text end new text begin 2,068 new text end new text begin 2,398
new text end

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new text end

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new text end

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new text end

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new text end

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new text end

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new text end

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new text end

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new text end

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new text end

new text begin 6,600- 6,699 new text end new text begin 919 new text end new text begin 1,490 new text end new text begin 1,713 new text end new text begin 1,989 new text end new text begin 2,305 new text end new text begin 2,673
new text end

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new text end

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new text end

new text begin 6,900- 6,999 new text end new text begin 944 new text end new text begin 1,533 new text end new text begin 1,762 new text end new text begin 2,047 new text end new text begin 2,379 new text end new text begin 2,753
new text end

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new text end

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new text end

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new text end

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new text end

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new text end

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new text end

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new text end

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new text end

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new text end

new text begin 7,900- 7,999 new text end new text begin 1,032 new text end new text begin 1,673 new text end new text begin 1,928 new text end new text begin 2,237 new text end new text begin 2,594 new text end new text begin 3,007
new text end

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new text end

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new text end

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new text end

new text begin 8,500- 8,599 new text end new text begin 1,080 new text end new text begin 1,760 new text end new text begin 2,023 new text end new text begin 2,346 new text end new text begin 2,720 new text end new text begin 3,154
new text end

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new text end

new text begin 8,800- 8,899 new text end new text begin 1,118 new text end new text begin 1,822 new text end new text begin 2,094 new text end new text begin 2,429 new text end new text begin 2,816 new text end new text begin 3,265
new text end

new text begin 8,900- 8,999 new text end new text begin 1,130 new text end new text begin 1,842 new text end new text begin 2,118 new text end new text begin 2,456 new text end new text begin 2,848 new text end new text begin 3,302
new text end

new text begin 9,000- 9,099 new text end new text begin 1,143 new text end new text begin 1,863 new text end new text begin 2,142 new text end new text begin 2,484 new text end new text begin 2,880 new text end new text begin 3,339
new text end

new text begin 9,100- 9,199 new text end new text begin 1,156 new text end new text begin 1,884 new text end new text begin 2,166 new text end new text begin 2,512 new text end new text begin 2,912 new text end new text begin 3,376
new text end

new text begin 9,200- 9,299 new text end new text begin 1,168 new text end new text begin 1,904 new text end new text begin 2,190 new text end new text begin 2,539 new text end new text begin 2,944 new text end new text begin 3,413
new text end

new text begin 9,300- 9,399 new text end new text begin 1,181 new text end new text begin 1,925 new text end new text begin 2,213 new text end new text begin 2,567 new text end new text begin 2,976 new text end new text begin 3,450
new text end

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new text end

new text begin 9,500- 9,599 new text end new text begin 1,207 new text end new text begin 1,967 new text end new text begin 2,261 new text end new text begin 2,622 new text end new text begin 3,040 new text end new text begin 3,525
new text end

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new text end

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new text end

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new text end

new text begin 9,900- 9,999 new text end new text begin 1,257 new text end new text begin 2,049 new text end new text begin 2,356 new text end new text begin 2,732 new text end new text begin 3,168 new text end new text begin 3,673
new text end

new text begin 10,000-10,099 new text end new text begin 1,270 new text end new text begin 2,070 new text end new text begin 2,380 new text end new text begin 2,760 new text end new text begin 3,200 new text end new text begin 3,710
new text end

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new text end

new text begin 10,200-10,299 new text end new text begin 1,295 new text end new text begin 2,111 new text end new text begin 2,428 new text end new text begin 2,815 new text end new text begin 3,264 new text end new text begin 3,784
new text end

new text begin 10,300-10,399 new text end new text begin 1,308 new text end new text begin 2,132 new text end new text begin 2,451 new text end new text begin 2,843 new text end new text begin 3,296 new text end new text begin 3,821
new text end

new text begin 10,400-10,499 new text end new text begin 1,321 new text end new text begin 2,153 new text end new text begin 2,475 new text end new text begin 2,870 new text end new text begin 3,328 new text end new text begin 3,858
new text end

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new text end

new text begin 10,600-10,699 new text end new text begin 1,346 new text end new text begin 2,194 new text end new text begin 2,523 new text end new text begin 2,926 new text end new text begin 3,392 new text end new text begin 3,933
new text end

new text begin 10,700-10,799 new text end new text begin 1,359 new text end new text begin 2,215 new text end new text begin 2,547 new text end new text begin 2,953 new text end new text begin 3,424 new text end new text begin 3,970
new text end

new text begin 10,800-10,899 new text end new text begin 1,372 new text end new text begin 2,236 new text end new text begin 2,570 new text end new text begin 2,981 new text end new text begin 3,456 new text end new text begin 4,007
new text end

new text begin 10,900-10,999 new text end new text begin 1,384 new text end new text begin 2,256 new text end new text begin 2,594 new text end new text begin 3,008 new text end new text begin 3,488 new text end new text begin 4,044
new text end

new text begin 11,000-11,099 new text end new text begin 1,397 new text end new text begin 2,277 new text end new text begin 2,618 new text end new text begin 3,036 new text end new text begin 3,520 new text end new text begin 4,081
new text end

new text begin 11,100-11,199 new text end new text begin 1,410 new text end new text begin 2,298 new text end new text begin 2,642 new text end new text begin 3,064 new text end new text begin 3,552 new text end new text begin 4,118
new text end

new text begin 11,200-11,299 new text end new text begin 1,422 new text end new text begin 2,318 new text end new text begin 2,666 new text end new text begin 3,091 new text end new text begin 3,584 new text end new text begin 4,155
new text end

new text begin 11,300-11,399 new text end new text begin 1,435 new text end new text begin 2,339 new text end new text begin 2,689 new text end new text begin 3,119 new text end new text begin 3,616 new text end new text begin 4,192
new text end

new text begin 11,400-11,499 new text end new text begin 1,448 new text end new text begin 2,360 new text end new text begin 2,713 new text end new text begin 3,146 new text end new text begin 3,648 new text end new text begin 4,229
new text end

new text begin 11,500-11,599 new text end new text begin 1,461 new text end new text begin 2,381 new text end new text begin 2,737 new text end new text begin 3,174 new text end new text begin 3,680 new text end new text begin 4,267
new text end

new text begin 11,600-11,699 new text end new text begin 1,473 new text end new text begin 2,401 new text end new text begin 2,761 new text end new text begin 3,202 new text end new text begin 3,712 new text end new text begin 4,304
new text end

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new text end

new text begin 11,900-11,999 new text end new text begin 1,511 new text end new text begin 2,463 new text end new text begin 2,832 new text end new text begin 3,284 new text end new text begin 3,808 new text end new text begin 4,415
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new text begin 12,000-12,099 new text end new text begin 1,524 new text end new text begin 2,484 new text end new text begin 2,856 new text end new text begin 3,312 new text end new text begin 3,840 new text end new text begin 4,452
new text end

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new text end

new text begin 12,200-12,299 new text end new text begin 1,549 new text end new text begin 2,525 new text end new text begin 2,904 new text end new text begin 3,367 new text end new text begin 3,904 new text end new text begin 4,526
new text end

new text begin 12,300-12,399 new text end new text begin 1,562 new text end new text begin 2,546 new text end new text begin 2,927 new text end new text begin 3,395 new text end new text begin 3,936 new text end new text begin 4,563
new text end

new text begin 12,400-12,499 new text end new text begin 1,575 new text end new text begin 2,567 new text end new text begin 2,951 new text end new text begin 3,422 new text end new text begin 3,968 new text end new text begin 4,600
new text end

new text begin 12,500-12,599 new text end new text begin 1,588 new text end new text begin 2,588 new text end new text begin 2,975 new text end new text begin 3,450 new text end new text begin 4,000 new text end new text begin 4,638
new text end

new text begin 12,600-12,699 new text end new text begin 1,600 new text end new text begin 2,608 new text end new text begin 2,999 new text end new text begin 3,478 new text end new text begin 4,032 new text end new text begin 4,675
new text end

new text begin 12,700-12,799 new text end new text begin 1,613 new text end new text begin 2,629 new text end new text begin 3,023 new text end new text begin 3,505 new text end new text begin 4,064 new text end new text begin 4,712
new text end

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new text end

new text begin 12,900-12,999 new text end new text begin 1,638 new text end new text begin 2,670 new text end new text begin 3,070 new text end new text begin 3,560 new text end new text begin 4,128 new text end new text begin 4,786
new text end

new text begin 13,000-13,099 new text end new text begin 1,651 new text end new text begin 2,691 new text end new text begin 3,094 new text end new text begin 3,588 new text end new text begin 4,160 new text end new text begin 4,823
new text end

new text begin 13,100-13,199 new text end new text begin 1,664 new text end new text begin 2,712 new text end new text begin 3,118 new text end new text begin 3,616 new text end new text begin 4,192 new text end new text begin 4,860
new text end

new text begin 13,200-13,299 new text end new text begin 1,676 new text end new text begin 2,732 new text end new text begin 3,142 new text end new text begin 3,643 new text end new text begin 4,224 new text end new text begin 4,897
new text end

new text begin 13,300-13,399 new text end new text begin 1,689 new text end new text begin 2,753 new text end new text begin 3,165 new text end new text begin 3,671 new text end new text begin 4,256 new text end new text begin 4,934
new text end

new text begin 13,400-13,499 new text end new text begin 1,702 new text end new text begin 2,774 new text end new text begin 3,189 new text end new text begin 3,698 new text end new text begin 4,288 new text end new text begin 4,971
new text end

new text begin 13,500-13,599 new text end new text begin 1,715 new text end new text begin 2,795 new text end new text begin 3,213 new text end new text begin 3,726 new text end new text begin 4,320 new text end new text begin 5,009
new text end

new text begin 13,600-13,699 new text end new text begin 1,727 new text end new text begin 2,815 new text end new text begin 3,237 new text end new text begin 3,754 new text end new text begin 4,352 new text end new text begin 5,046
new text end

new text begin 13,700-13,799 new text end new text begin 1,740 new text end new text begin 2,836 new text end new text begin 3,261 new text end new text begin 3,781 new text end new text begin 4,384 new text end new text begin 5,083
new text end

new text begin 13,800-13,899 new text end new text begin 1,753 new text end new text begin 2,857 new text end new text begin 3,284 new text end new text begin 3,809 new text end new text begin 4,416 new text end new text begin 5,120
new text end

new text begin 13,900-13,999 new text end new text begin 1,765 new text end new text begin 2,877 new text end new text begin 3,308 new text end new text begin 3,836 new text end new text begin 4,448 new text end new text begin 5,157
new text end

new text begin 14,000-14,009 new text end new text begin 1,778 new text end new text begin 2,898 new text end new text begin 3,332 new text end new text begin 3,864 new text end new text begin 4,480 new text end new text begin 5,194
new text end

new text begin 14,100-14,199 new text end new text begin 1,791 new text end new text begin 2,919 new text end new text begin 3,356 new text end new text begin 3,892 new text end new text begin 4,512 new text end new text begin 5,231
new text end

new text begin 14,200-14,299 new text end new text begin 1,803 new text end new text begin 2,939 new text end new text begin 3,380 new text end new text begin 3,919 new text end new text begin 4,544 new text end new text begin 5,268
new text end

new text begin 14,300-14,399 new text end new text begin 1,816 new text end new text begin 2,960 new text end new text begin 3,403 new text end new text begin 3,947 new text end new text begin 4,576 new text end new text begin 5,305
new text end

new text begin 14,400-14,499 new text end new text begin 1,829 new text end new text begin 2,981 new text end new text begin 3,427 new text end new text begin 3,974 new text end new text begin 4,608 new text end new text begin 5,342
new text end

new text begin 14,500-14,599 new text end new text begin 1,842 new text end new text begin 3,002 new text end new text begin 3,451 new text end new text begin 4,002 new text end new text begin 4,640 new text end new text begin 5,380
new text end

new text begin 14,600-14,699 new text end new text begin 1,854 new text end new text begin 3,022 new text end new text begin 3,475 new text end new text begin 4,030 new text end new text begin 4,672 new text end new text begin 5,417
new text end

new text begin 14,700-14,799 new text end new text begin 1,867 new text end new text begin 3,043 new text end new text begin 3,499 new text end new text begin 4,057 new text end new text begin 4,704 new text end new text begin 5,454
new text end

new text begin 14,800-14,899 new text end new text begin 1,880 new text end new text begin 3,064 new text end new text begin 3,522 new text end new text begin 4,085 new text end new text begin 4,736 new text end new text begin 5,491
new text end

new text begin 14,900-14,999 new text end new text begin 1,892 new text end new text begin 3,084 new text end new text begin 3,546 new text end new text begin 4,112 new text end new text begin 4,768 new text end new text begin 5,528
new text end

new text begin 15,000, or new text end new text begin 1,905 new text end new text begin 3,105 new text end new text begin 3,570 new text end new text begin 4,140 new text end new text begin 4,800 new text end new text begin 5,565
new text end

new text begin the amount
in effect
under subd. 4
new text end

new text begin (c) The commissioner of human services must compute and
publish a schedule of basic support amounts calculated using the
percentages in paragraph (b). The schedule must show basic
support amounts for combined monthly income increments of not
more than $100. The commissioner must determine the percentages
for each income increment by interpolating between the
percentages in paragraph (b). The commissioner may disregard a
fractional part of a dollar unless it amounts to 50 cents or
more, in which case the commissioner may increase the amount by
$1.
new text end

new text begin Subd. 2. new text end

new text begin Parenting time adjustment. new text end

new text begin (a) This subdivision
applies unless the parenting time of the parents is
substantially equal or the obligor is responsible for providing
overnight parenting time less than 15 percent of the days in the
year. Parenting time is substantially equal if each parent
provides overnight care for the child at least 45 percent of the
days in the year.
new text end

new text begin (b) A noncustodial parent is presumed to be entitled to at
least 30 percent overnight parenting time per year for purposes
of the parenting time adjustment under this subdivision.
new text end

new text begin (c) The court shall reduce the basic support amount
allocated to the obligor by 17.5 percent, to reflect the
obligor's expenditures for food, transportation, and
miscellaneous costs during parenting time.
new text end

new text begin (d) If this subdivision applies, the court must not make
any other adjustment in the basic support obligation of the
obligor or deviate from the child support guidelines based on
the amount of parenting time granted to the obligor.
new text end

new text begin (e) If, after receiving an adjustment in the basic support
obligation under this subdivision, an obligor actually provides
less than 15 percent overnight parenting time in any one-year
period, the failure to provide that parenting time is grounds
for modification of the child support order under section
517C.28 to eliminate the parenting time adjustment under this
subdivision. It is an affirmative defense to modification of a
child support order under this paragraph if the obligor
establishes that the failure to provide parenting time was due
to circumstances beyond the obligor's control, including, but
not limited to, physical or mental disability or health,
military service, or imprisonment of the obligor.
new text end

new text begin (f) An obligor is not entitled to a parenting time
adjustment under this subdivision if the court orders less than
15 percent of overnight parenting time to the obligor.
new text end

new text begin Subd. 3. new text end

new text begin Income cap on determining basic support. new text end

new text begin (a)
The basic support obligation for parents with a combined monthly
income in excess of the income limit currently in effect under
subdivision 1 must be the same dollar amount as provided for
parties with a combined monthly income equal to the income limit
in effect under subdivision 1.
new text end

new text begin (b) A court may order a basic support obligation in a child
support order in an amount that exceeds the income limit in
subdivision 1 if it finds that a child has a disability or other
substantial, demonstrated need for the additional support and
that the additional support will directly benefit the child.
new text end

new text begin (c) The dollar amount for the cap in subdivision 1 must be
adjusted on July 1 of every even-numbered year to reflect
cost-of-living changes. The Supreme Court must select the index
for the adjustment from the indices listed in section 517C.31.
The state court administrator must make the changes in the
dollar amounts required by this paragraph available to courts
and the public on or before April 30 of the year in which the
amount is to change.
new text end

new text begin Subd. 4. new text end

new text begin More than six children. new text end

new text begin If a child support
proceeding involves more than six children, the court may derive
a support order without specifically following the guidelines.
However, the court must consider the basic principles
encompassed by the guidelines and must consider both parents'
needs, resources, and circumstances.
new text end

new text begin Subd. 5. new text end

new text begin Report to legislature. new text end

new text begin No later than 2006 and
every four years after that, the commissioner of human services
shall conduct a review of the child support guidelines.
new text end

Sec. 13.

new text begin [517C.16] CHILD CARE SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Child care costs. new text end

new text begin Unless otherwise agreed
to by the parties and approved by the court, the court must
order that the child care costs be divided between the obligor
and obligee based on their proportionate share of the parties'
combined monthly income, as determined under section 517C.12,
provided that the obligee is actually receiving child care
assistance under the basic sliding fee program. For purposes of
this subdivision, "child care costs" means 75 percent of the
actual child care costs to reflect the approximate value of
state and federal tax credits available to the obligee.
new text end

new text begin Subd. 2. new text end

new text begin Low-income obligor. new text end

new text begin (a) If the obligor's income
as determined under section 517C.12 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:
new text end

new text begin (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 gross income as determined under
section 517C.12 and the size of the obligor's household. For
purposes of this subdivision, the obligor's household includes
the obligor and the number of children for whom child support is
being ordered; or
new text end

new text begin (2) the amount of the obligor's child care obligation under
subdivision 1.
new text end

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Determining costs. new text end

new text begin (a) The court must require
verification of employment or school attendance and
documentation of child care expenses from the obligee and the
public authority, if applicable.
new text end

new text begin (b) If child care expenses fluctuate during the year
because of the obligee's seasonal employment or school
attendance or extended periods of parenting time with the
obligor, the court must determine child care expenses based on
an average monthly cost.
new text end

new text begin (c) The amount allocated for child care expenses is
considered child support but is not subject to a cost-of-living
adjustment under section 517C.31.
new text end

new text begin (d) The court may allow the parent with whom the child does
not reside to care for the child while the parent with whom the
child resides is working or attending school, as provided in
section 517B.25, subdivision 8. Allowing the parent with whom
the child does not reside to care for the child under section
517B.25, subdivision 8, is not a reason to deviate from the
guidelines.
new text end

new text begin (e) The court may limit child care expenses to the market
rates found for the city or county of residence of the obligee
as surveyed by the commissioner of human services for purposes
of chapter 119B.
new text end

new text begin Subd. 4. new text end

new text begin Change in child care. new text end

new text begin (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:
new text end

new text begin (1) either party informs the public authority that no child
care costs are being incurred; and
new text end

new text begin (2) the public authority verifies the accuracy of the
information.
new text end

new text begin The public authority will resume collecting child care expenses
when either party provides information that child care costs
have resumed.
new text end

new text begin (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.
new text end

new text begin (c) In cases where there is a substantial increase or
decrease in child care expenses, the parties may modify the
order under section 517C.31.
new text end

Sec. 14.

new text begin [517C.17] MEDICAL SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this
subdivision apply to this chapter.
new text end

new text begin (a) "Health care coverage" means health care benefits that
are provided by a health plan. Health care coverage does not
include any form of medical assistance under chapter 256B or
MinnesotaCare under chapter 256L.
new text end

new text begin (b) "Health carrier" means a carrier as defined in sections
62A.011, subdivision 2, and 62L.02, subdivision 16.
new text end

new text begin (c) "Health plan" means a plan meeting the definition under
section 62A.011, subdivision 3, a group health plan governed
under the federal Employee Retirement Income Security Act of
1974 (ERISA), a self-insured plan under sections 43A.23 to
43A.317 and 471.617, or a policy, contract, or certificate
issued by a community-integrated service network licensed under
chapter 62N. Health plan includes plans: (1) provided on an
individual and group basis; (2) provided by an employer or
union; (3) purchased in the private market; and (4) available to
a person eligible to carry insurance for the child. Health plan
includes a plan providing for dependent-only dental or vision
coverage and a plan provided through a party's spouse or parent.
new text end

new text begin (d) "Medical support" means providing health care coverage
for a child by carrying health care coverage for the child or by
contributing to the cost of health care coverage, public
coverage, unreimbursed medical expenses, and uninsured medical
expenses of the child.
new text end

new text begin (e) "National medical support notice" means an
administrative notice issued by the public authority to enforce
health insurance provisions of a support order in accordance
with Code of Federal Regulations, title 45, section 303.32, in
cases where the public authority provides support enforcement
services.
new text end

new text begin (f) "Public coverage" means health care benefits provided
by any form of medical assistance under chapter 256B or
MinnesotaCare under chapter 256L.
new text end

new text begin (g) "Uninsured medical expenses" means a child's reasonable
and necessary health-related expenses if the child is not
covered by a health plan or public coverage when the expenses
are incurred.
new text end

new text begin (h) "Unreimbursed medical expenses" means a child's
reasonable and necessary health-related expenses if a child is
covered by a health plan or public coverage and the plan or
coverage does not pay for the total cost of the expenses when
the expenses are incurred. Unreimbursed medical expenses do not
include the cost of premiums. Unreimbursed medical expenses
include, but are not limited to, deductibles, co-payments, and
expenses for orthodontia, and prescription eyeglasses and
contact lenses.
new text end

new text begin Subd. 2. new text end

new text begin Order. new text end

new text begin (a) A completed national medical support
notice issued by the public authority or a court order that
complies with this section is a qualified medical child support
order under the federal Employee Retirement Income Security Act
of 1974 (ERISA), United States Code, title 29, section 1169(a).
new text end

new text begin (b) Every order addressing child support must state:
new text end

new text begin (1) the names, last known addresses, and Social Security
numbers of the parents and the child that is a subject of the
order unless the court prohibits the inclusion of an address or
Social Security number and orders the parents to provide the
address and Social Security number to the administrator of the
health plan;
new text end

new text begin (2) whether appropriate health care coverage for the child
is available and, if so, state:
new text end

new text begin (i) which party must carry health care coverage;
new text end

new text begin (ii) the cost of premiums and how the cost is allocated
between the parties;
new text end

new text begin (iii) how unreimbursed expenses will be allocated and
collected by the parties; and
new text end

new text begin (iv) the circumstances, if any, under which the obligation
to provide health care coverage for the child will shift from
one party to the other;
new text end

new text begin (3) if appropriate health care coverage is not available
for the child, whether a contribution for medical support is
required; and
new text end

new text begin (4) whether the amount ordered for medical support is
subject to a cost-of-living adjustment under section 517C.31.
new text end

new text begin Subd. 3. new text end

new text begin Determining appropriate health care
coverage. new text end

new text begin (a) In determining whether a party has appropriate
health care coverage for the child, the court must evaluate the
health plan using the following factors:
new text end

new text begin (1) accessible coverage. Dependent health care coverage is
accessible if the covered child can obtain services from a
health plan provider with reasonable effort by the parent with
whom the child resides. Health care coverage is presumed
accessible if:
new text end

new text begin (i) primary care coverage is available within 30 minutes or
30 miles of the child's residence and specialty care coverage is
available within 60 minutes or 60 miles of the child's
residence;
new text end

new text begin (ii) the coverage is available through an employer and the
employee can be expected to remain employed for a reasonable
amount of time; and
new text end

new text begin (iii) no preexisting conditions exist to delay coverage
unduly;
new text end

new text begin (2) comprehensive coverage. Dependent health care coverage
is comprehensive if it includes, at a minimum, medical and
hospital coverage and provides for preventive, emergency, acute,
and chronic care. If both parties have health care coverage
that meets the minimum requirements, the court must determine
which health care coverage is more comprehensive by considering
whether the coverage includes:
new text end

new text begin (i) basic dental coverage;
new text end

new text begin (ii) orthodontia;
new text end

new text begin (iii) eyeglasses;
new text end

new text begin (iv) contact lenses;
new text end

new text begin (v) mental health services; or
new text end

new text begin (vi) substance abuse treatment;
new text end

new text begin (3) affordable coverage. Dependent health care coverage is
affordable if it is reasonable in cost; and
new text end

new text begin (4) the child's special medical needs, if any.
new text end

new text begin (b) If both parties have health care coverage available for
a child, and the court determines under paragraph (a), clauses
(1) and (2), that the available coverage is comparable with
regard to accessibility and comprehensiveness, the least costly
health care coverage is the appropriate health care coverage for
the child.
new text end

new text begin Subd. 4. new text end

new text begin Ordering health care coverage. new text end

new text begin (a) If a child
is presently enrolled in health care coverage, the court must
order that the parent who currently has the 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.
new text end

new text begin (b) If a 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 child and order the
party with appropriate health care coverage available to carry
the coverage for the child.
new text end

new text begin (c) If only one party has appropriate health care coverage
available, the court must order that party to carry the coverage
for the child.
new text end

new text begin (d) If both parties have appropriate health care coverage
available, the court must order the parent with whom the child
resides to carry the coverage for the child, unless:
new text end

new text begin (1) either party expresses a preference for coverage
available through the parent with whom the child does not
reside;
new text end

new text begin (2) the parent with whom the 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
child does not reside extreme hardship; or
new text end

new text begin (3) the parents agree to provide coverage and agree on the
allocation of costs.
new text end

new text begin (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 child. If the court determines under
subdivision 3, paragraph (a), clauses (1) and (2), that the
parties' health care coverage for the child is comparable with
regard to accessibility and comprehensiveness, the court must
order the party with the least costly health care coverage to
carry coverage for the child.
new text end

new text begin (f) If neither party has appropriate health care coverage
available, the court must order the parents to:
new text end

new text begin (1) contribute toward the actual health care costs of the
children based on a pro rata share; or
new text end

new text begin (2) if the child is receiving any form of medical
assistance under chapter 256B or MinnesotaCare under chapter
256L, the parent with whom the child does not reside shall
contribute a monthly amount toward the actual cost of medical
assistance under chapter 256B or MinnesotaCare under chapter
256L determined by the court to be just and appropriate; the
contribution of the parent with whom the child resides is the
monthly contribution as determined by the eligibility
requirements for public coverage.
new text end

new text begin (g) If the court finds a pro rata apportionment unjust or
inappropriate under paragraph (f), the court shall:
new text end

new text begin (1) order the parties to contribute an amount of the cost
of health care as the court finds just and appropriate; and
new text end

new text begin (2) make findings regarding the factors considered, the
amount of each parent's share of the cost, and the reasons the
court did not order a pro rata apportionment.
new text end

new text begin A presumption of no less than $50 per month must be applied
to the actual health care costs of the children or to the cost
of health care coverage.
new text end

new text begin (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.
new text end

new text begin Subd. 5. new text end

new text begin Medical support costs; unreimbursed and
uninsured medical expenses. new text end

new text begin (a) Unless otherwise agreed to by
the parties and approved by the court, the court must order that
the cost of health care coverage and all unreimbursed and
uninsured medical expenses be divided between the obligor and
obligee based on their proportionate share of the parties'
combined monthly income, as determined under section 517C.12.
new text end

new text begin (b) If a party owes a child support obligation for a child
and is ordered to carry health care coverage for the child, and
the other party is ordered to contribute to the carrying party's
cost for coverage, the carrying party's child support payment
must be reduced by the amount of the contributing party's
contribution.
new text end

new text begin (c) If a party owes a child support obligation for a child
and is ordered to contribute to the other party's cost for
carrying health care coverage for the child, the contributing
party's child support payment must be increased by the amount of
the contribution.
new text end

new text begin (d) If the party ordered to carry health care coverage for
the child already carries dependent health care coverage for
other dependents and would incur no additional premium costs to
add the child to the existing coverage, the court must not order
the other party to contribute to the premium costs for coverage
of the child.
new text end

new text begin (e) If a party ordered to carry health care coverage for
the child does not already carry dependent health care coverage
but has other dependents who may be added to the ordered
coverage, the full premium costs of the dependent health care
coverage must be allocated between the parties in proportion to
the party's share of the parties' combined income, unless the
parties agree otherwise.
new text end

new text begin (f) If a party ordered to carry health care coverage for
the child is required to enroll in a health plan so that the
child can be enrolled in dependent health care coverage under
the plan, the court must allocate the costs of the dependent
health care coverage between the parties. The costs of the
health care coverage for the party ordered to carry the coverage
for the child must not be allocated between the parties.
new text end

new text begin Subd. 6. new text end [NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER,
UNION, OR HEALTH CARRIER.] new text begin (a) The public authority must forward
a copy of the national medical support notice or court order for
health care coverage to the party's employer within two business
days after the date the party is entered into the work reporting
system under section 256.998.
new text end

new text begin (b) The public authority or a party seeking to enforce an
order for health care coverage must forward a copy of the
national medical support notice or court order to the obligor's
employer or union, or to the health carrier under the following
circumstances:
new text end

new text begin (1) the party ordered to carry health care coverage for the
child fails to provide written proof to the other party or the
public authority, within 30 days of the effective date of the
court order, that the party has applied for health care coverage
for the child;
new text end

new text begin (2) the party seeking to enforce the order or the public
authority gives written notice to the party ordered to carry
health care coverage for the child of its intent to enforce
medical support. The party seeking to enforce the order or
public authority must mail the written notice to the last known
address of the party ordered to carry health care coverage for
the child; and
new text end

new text begin (3) the party ordered to carry health care coverage for the
child fails, within 15 days after the date on which the written
notice under clause (2) was mailed, to provide written proof to
the other party or the public authority that the party has
applied for health care coverage for the child.
new text end

new text begin (c) The public authority is not required to forward a copy
of the national medical support notice or court order to the
obligor's employer or union, or to the health carrier, if the
court orders health care coverage for the child that is not
employer-based or union-based coverage.
new text end

new text begin Subd. 7. new text end

new text begin Employer or union requirements. new text end

new text begin (a) An employer
or union must forward the national medical support notice or
court order to its health plan within 20 business days after the
date on the national medical support notice or after receipt of
the court order.
new text end

new text begin (b) Upon determination by an employer's or union's health
plan administrator that a child is eligible to be covered under
the health plan, the employer or union and health plan must
enroll the child as a beneficiary in the health plan, and the
employer must withhold any required premiums from the income or
wages of the party ordered to carry health care coverage for the
child.
new text end

new text begin (c) If enrollment of the party ordered to carry health care
coverage for a child is necessary to obtain dependent health
care coverage under the plan, and the party is not enrolled in
the health plan, the employer or union must enroll the party in
the plan.
new text end

new text begin (d) Enrollment of dependents and, if necessary, the party
ordered to carry health care coverage for the child must be
immediate and not dependent upon open enrollment periods.
Enrollment is not subject to the underwriting policies under
section 62A.048.
new text end

new text begin (e) Failure of the party ordered to carry health care
coverage for the child to execute any documents necessary to
enroll the dependent in the health plan does not affect the
obligation of the employer or union and health plan to enroll
the dependent in a plan. Information and authorization provided
by the public authority, or by a party or guardian, is valid for
the purposes of meeting enrollment requirements of the health
plan.
new text end

new text begin (f) An employer or union that is included under the federal
Employee Retirement Income Security Act of 1974 (ERISA), United
States Code, title 29, section 1169(a), may not deny enrollment
to the child or to the parent if necessary to enroll the child
based on exclusionary clauses described in section 62A.048.
new text end

new text begin (g) A new employer or union of a party who is ordered to
provide health care coverage for a child must enroll the child
in the party's health plan as required by a national medical
support notice or court order.
new text end

new text begin Subd. 8. new text end

new text begin Health plan requirements. new text end

new text begin (a) If a health plan
administrator receives a completed national medical support
notice or court order, the plan administrator must notify the
parties, and the public authority if the public authority
provides support enforcement services, within 40 business days
after the date of the notice or after receipt of the court
order, of the following:
new text end

new text begin (1) whether coverage is available to the child under the
terms of the health plan and, if not, the reason why coverage is
not available;
new text end

new text begin (2) whether the child is covered under the health plan;
new text end

new text begin (3) the effective date of the child's coverage under the
health plan; and
new text end

new text begin (4) what steps, if any, are required to effectuate the
child's coverage under the health plan.
new text end

new text begin (b) If the employer or union offers more than one plan and
the national medical support notice or court order does not
specify the plan to be carried, the plan administrator must
notify the parents and the public authority if the public
authority provides support enforcement services. When there is
more than one option available under the plan, the public
authority, in consultation with the parent with whom the child
resides, must promptly select from available plan options.
new text end

new text begin (c) The plan administrator must provide the parents and
public authority, if the public authority provides support
enforcement services, with a notice of the child's enrollment,
description of the coverage, and any documents necessary to
effectuate coverage.
new text end

new text begin (d) The health plan must send copies of all correspondence
regarding the health care coverage to the parents.
new text end

new text begin (e) An insured child's parent's signature is a valid
authorization to a health plan for purposes of processing an
insurance reimbursement payment to the medical services provider
or to the parent, if medical services have been prepaid by that
parent.
new text end

new text begin Subd. 9. new text end

new text begin Employer or union liability. new text end

new text begin (a) An employer or
union that willfully fails to comply with the order or notice is
liable for any uninsured medical expenses incurred by the
dependents while the dependents were eligible to be enrolled in
the health plan and for any other premium costs incurred because
the employer or union willfully failed to comply with the order
or notice.
new text end

new text begin (b) An employer or union that fails to comply with the
order or notice is subject to a contempt finding, a $250 civil
penalty under section 517C.57, and is subject to a civil penalty
of $500 to be paid to the party entitled to reimbursement or the
public authority. Penalties paid to the public authority are
designated for child support enforcement services.
new text end

new text begin Subd. 10. new text end

new text begin Contesting enrollment. new text end

new text begin (a) A party may contest
a child's enrollment in a health plan on the limited grounds
that the enrollment is improper due to mistake of fact or that
the enrollment meets the requirements of section 517C.26.
new text end

new text begin (b) If the party chooses to contest the enrollment, the
party must do so no later than 15 days after the employer
notifies the party of the enrollment by doing the following:
new text end

new text begin (1) filing a motion in district court or according to
section 484.702 and the expedited child support process rules if
the public authority provides support enforcement services;
new text end

new text begin (2) serving the motion on the other party and public
authority if the public authority provides support enforcement
services; and
new text end

new text begin (3) securing a date for the matter to be heard no later
than 45 days after the notice of enrollment.
new text end

new text begin (c) The enrollment must remain in place while the party
contests the enrollment.
new text end

new text begin Subd. 11. new text end

new text begin Disenrollment; continuation of coverage;
coverage options. new text end

new text begin (a) Unless a court order provides otherwise,
a child for whom a party is required to provide health care
coverage under this section must be covered as a dependent of
the party until the child is emancipated, until further order of
the court, or as consistent with the terms of the coverage.
new text end

new text begin (b) The health carrier, employer, or union may not
disenroll or eliminate coverage for the child unless:
new text end

new text begin (1) the health carrier, employer, or union is provided
satisfactory written evidence that the court order is no longer
in effect;
new text end

new text begin (2) the child is or will be enrolled in comparable health
care coverage through another health plan that will take effect
no later than the effective date of the disenrollment;
new text end

new text begin (3) the employee is no longer eligible for dependent
coverage; or
new text end

new text begin (4) the required premium has not been paid by or on behalf
of the child.
new text end

new text begin (c) The health plan must provide 30 days' written notice to
the child's parents, and the public authority if the public
authority provides support enforcement services, before the
health plan disenrolls or eliminates the child's coverage.
new text end

new text begin (d) A child enrolled in health care coverage under a
qualified medical child support order, including a national
medical support notice, under this section is a dependent and a
qualified beneficiary under the Consolidated Omnibus Budget and
Reconciliation Act of 1985 (COBRA), Public Law 99-272. Upon
expiration of the order, the child is entitled to the
opportunity to elect continued coverage that is available under
the health plan. The employer or union must provide notice to
the parties and the public authority, if it provides support
services, within ten days of the termination date.
new text end

new text begin (e) If the public authority provides support enforcement
services and a plan administrator reports to the public
authority that there is more than one coverage option available
under the health plan, the public authority, in consultation
with the parent with whom the child resides, must promptly
select coverage from the available options.
new text end

new text begin Subd. 12. new text end

new text begin Spousal or former spousal coverage. new text end

new text begin The court
must require the parent with whom the child does not reside to
provide dependent health care coverage for the benefit of the
parent with whom the child resides if the parent is ordered to
provide dependent health care coverage for the parties' child
and adding the other parent to the coverage results in no
additional premium cost.
new text end

new text begin Subd. 13. new text end

new text begin Disclosure of information. new text end

new text begin (a) If the public
authority provides support enforcement services, the parties
must provide the public authority with the following information:
new text end

new text begin (1) information relating to dependent health care coverage
or public coverage available for the benefit of the child for
whom support is sought, including all information required to be
included in a medical support order under this section;
new text end

new text begin (2) verification that application for court-ordered health
care coverage was made within 30 days of the court's order; and
new text end

new text begin (3) the reason that a child is not enrolled in
court-ordered health care coverage, if a child is not enrolled
in coverage or subsequently loses coverage.
new text end

new text begin (b) Upon request from the public authority under section
256.978, an employer, union, or plan administrator, including an
employer subject to the federal Employee Retirement Income
Security Act of 1974 (ERISA), United States Code, title 29,
section 1169(a), must provide the public authority the following
information:
new text end

new text begin (1) information relating to dependent health care coverage
available to a party for the benefit of the child for whom
support is sought, including all information required to be
included in a medical support order under this section; and
new text end

new text begin (2) information that will enable the public authority to
determine whether a health plan is appropriate for a child,
including, but not limited to, all available plan options, any
geographic service restrictions, and the location of service
providers.
new text end

new text begin (c) The employer, union, or plan administrator must not
release information regarding one party to the other party. The
employer, union, or plan administrator must provide both parties
with insurance identification cards and all necessary written
information to enable the parties to utilize the insurance
benefits for the covered dependent.
new text end

new text begin (d) The public authority is authorized to release to a
party's employer, union, or health plan information necessary to
verify availability of dependent health care coverage, or to
establish, modify, or enforce medical support.
new text end

new text begin (e) An employee must disclose to an employer if medical
support is required to be withheld under this section and the
employer must begin withholding according to the terms of the
order and under section 517C.52. If an employee discloses an
obligation to obtain health care coverage and coverage is
available through the employer, the employer must make all
application processes known to the individual and enroll the
employee and dependent in the plan.
new text end

new text begin Subd. 14. new text end

new text begin Child support enforcement services. new text end

new text begin The public
authority must take necessary steps to establish and enforce an
order for medical support if the child receives public
assistance or a party completes an application for services from
the public authority under section 517C.38, subdivision 2.
new text end

new text begin Subd. 15. new text end

new text begin Enforcement. new text end

new text begin (a) Remedies available for
collecting and enforcing child support apply to medical support.
new text end

new text begin (b) For the purpose of enforcement, the following are
additional support:
new text end

new text begin (1) the costs of individual or group health or
hospitalization coverage;
new text end

new text begin (2) dental coverage;
new text end

new text begin (3) medical costs ordered by the court to be paid by either
party, including health and dental insurance premiums paid by
the obligee because of the obligor's failure to obtain coverage
as ordered; and
new text end

new text begin (4) liabilities established under this subdivision.
new text end

new text begin (c) A party who fails to carry court-ordered dependent
health care coverage is liable for the child's uninsured medical
expenses unless a court order provides otherwise. A party's
failure to carry court-ordered coverage, or to provide other
medical support as ordered, is a basis for modification of a
support order under section 517C.28.
new text end

new text begin (d) Payments by the health carrier or employer for services
rendered to the dependents that are directed to a party not owed
reimbursement must be endorsed over to and forwarded to the
vendor or appropriate party or the public authority. A party
retaining insurance reimbursement not owed to the party is
liable for the amount of the reimbursement.
new text end

new text begin Subd. 16. new text end

new text begin Income withholding; offset. new text end

new text begin (a) If a party
owes no child support obligation for a child and is an obligor
ordered to contribute to the other party's cost for carrying
health care coverage for the child, the obligor is subject to an
offset under subdivision 5 or income withholding under section
517C.52.
new text end

new text begin (b) If a party's court-ordered health care coverage for the
child terminates and the child is not enrolled in other health
care coverage or public coverage, and a modification motion is
not pending, the public authority may remove the offset to a
party's child support obligation or terminate income withholding
instituted against a party under section 517C.52. The public
authority must provide notice to the parties of the action.
new text end

new text begin (c) A party may contest the public authority's action to
remove the offset to the child support obligation or terminate
income withholding if the party makes a written request for a
hearing within 30 days after receiving written notice. If a
party makes a timely request for a hearing, the public authority
must schedule a hearing and send written notice of the hearing
to the parties by mail to the parties' last known addresses at
least 14 days before the hearing. The hearing must be conducted
in district court or in the expedited child support process if
section 484.702 applies. The district court or child support
magistrate must determine whether removing the offset or
terminating income withholding is appropriate and, if
appropriate, the effective date for the removal or termination.
new text end

new text begin (d) If the party does not request a hearing, the district
court or child support magistrate must order the offset or
income withholding termination effective the first day of the
month following termination of the child's health care coverage.
new text end

new text begin Subd. 17. new text end

new text begin Collecting unreimbursed and uninsured medical
expenses. new text end

new text begin (a) A party must initiate a request for reimbursement
of unreimbursed and uninsured medical expenses within two years
of the date that the party incurred the unreimbursed or
uninsured medical expenses. The time period in this paragraph
does not apply if the location of the other party is unknown.
new text end

new text begin (b) A party seeking reimbursement of unreimbursed and
uninsured medical expenses must mail a written notice of intent
to collect the expenses and a copy of an affidavit of health
care expenses to the other party at the other party's last known
address.
new text end

new text begin (c) The written notice must include a statement that the
party has 30 days from the date the notice was mailed to (1) pay
in full; (2) enter a payment agreement; or (3) file a motion
requesting a hearing contesting the matter. If the public
authority provides support enforcement services, the written
notice also must include a statement that the requesting party
must submit the amount due to the public authority for
collection.
new text end

new text begin (d) The affidavit of health care expenses must itemize and
document the child's unreimbursed or uninsured medical expenses
and include copies of all bills, receipts, and insurance company
explanations of benefits.
new text end

new text begin (e) If the public authority provides support enforcement
services, the party seeking reimbursement must send to the
public authority a copy of the written notice, the original
affidavit, and copies of all bills, receipts, and insurance
company explanations of benefits.
new text end

new text begin (f) If the party does not respond to the request for
reimbursement within 30 days, the party seeking reimbursement or
public authority, if the public authority provides support
enforcement services, must commence an enforcement action
against the party under subdivision 18.
new text end

new text begin (g) The public authority must serve the other party with a
notice of intent to enforce unreimbursed and uninsured medical
expenses and file an affidavit of service by mail with the
district court administrator. The notice must state that,
unless the party (1) pays in full; (2) enters into a payment
agreement; or (3) files a motion contesting the matter within 14
days of service of the notice, the public authority will
commence enforcement of the expenses as medical support arrears
under subdivision 18.
new text end

new text begin (h) If the party files a timely motion for a hearing
contesting the requested reimbursement, the contesting party
must schedule a hearing in district court or in the expedited
child support process if section 484.702 applies. The
contesting party must provide the party seeking reimbursement
and the public authority, if the public authority provides
support enforcement services, with written notice of the hearing
at least 14 days before the hearing by mailing notice of the
hearing to the public authority and the party at the party's
last known address. The party seeking reimbursement must file
the original affidavit of health care expenses with the court at
least five days before the hearing. Based upon the evidence
presented, the district court or child support magistrate must
determine liability for the expenses and order that the liable
party is subject to enforcement of the expenses as medical
support arrears under subdivision 18.
new text end

new text begin Subd. 18. new text end

new text begin Enforcing an order for medical support
arrears. new text end

new text begin (a) If a party liable for unreimbursed and uninsured
medical expenses owes a child support obligation to the party
seeking reimbursement of the expenses, the expenses must be
collected as medical support arrears.
new text end

new text begin (b) If a party liable for unreimbursed and uninsured
medical expenses does not owe a child support obligation to the
party seeking reimbursement, and the party seeking reimbursement
owes the liable party basic support arrears, the liable party's
medical support arrears must be deducted from the amount of the
basic support arrears.
new text end

new text begin (c) If a liable party owes medical support arrears after
deducting the amount owed from the amount of the child support
arrears owed by the party seeking reimbursement, it must be
collected as follows:
new text end

new text begin (1) if the party seeking reimbursement owes a child support
obligation to the liable party, the child support obligation
must be reduced by 20 percent until the medical support arrears
are satisfied;
new text end

new text begin (2) if the party seeking reimbursement does not owe a child
support obligation to the liable party, the liable party's
income must be subject to income withholding under section
517C.52 for an amount required under section 517C.71 until the
medical support arrears are satisfied; or
new text end

new text begin (3) if the party seeking reimbursement does not owe a child
support obligation, and income withholding under section 517C.52
is not available, payment of the medical support arrears must be
required under a payment agreement under section 517C.71.
new text end

new text begin (d) If a liable party fails to enter into or comply with a
payment agreement, the party seeking reimbursement or the public
authority, if it provides support enforcement services, may
schedule a hearing to have a court order payment. The party
seeking reimbursement or the public authority must provide the
liable party with written notice of the hearing at least 14 days
before the hearing.
new text end

Sec. 15.

new text begin [517C.18] SELF-SUPPORT ADJUSTMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Adjustment. new text end

new text begin (a) If the sum of the
obligor's basic support, child care support, and medical support
obligation leaves the obligor with remaining income in an amount
less than 120 percent of the federal poverty guidelines for one
person, the court must reduce the obligor's child support
obligation by an amount equal to the lesser of: (1) the
difference between the obligor's remaining income and 120
percent of the federal poverty guidelines amount; or (2) the
obligor's total child support obligation. If the self-support
adjustment results in an order amount less than $50 per month
for one or two children or $75 per month for three or more
children, the court must order basic support under subdivision 2.
new text end

new text begin (b) The court must apply the reduction to the obligor's
child support obligation in the following order:
new text end

new text begin (1) medical support obligation;
new text end

new text begin (2) child care support obligation; and
new text end

new text begin (3) basic support obligation.
new text end

new text begin Subd. 2. new text end

new text begin Minimum basic support amount. new text end

new text begin (a) If the
reduction under subdivision 1 equals the sum of the obligor's
basic support, child care support, and medical support
obligation, the court must order support as follows:
new text end

new text begin (1) for one or two children, the obligor's basic support
obligation is $50 per month; or
new text end

new text begin (2) for three or more children, the obligor's basic support
obligation is $75 per month.
new text end

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

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

Sec. 16.

new text begin [517C.19] WORKSHEET.
new text end

new text begin The commissioner of human services must create and publish
a worksheet to assist in calculating child support under
sections 517C.12 to 517C.18. The worksheet must not impose
substantive requirements other than requirements contained in
sections 517C.12 to 517C.18. The commissioner must update the
worksheet by July 1 of each year. The commissioner must make an
interactive version of the worksheet available on the department
of human services Web site.
new text end

Sec. 17.

new text begin [517C.20] DEVIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin General factors. new text end

new text begin Among other reasons,
deviation from the presumptive guideline amount is intended to
encourage prompt and regular payments of child support and to
ameliorate the impoverishment of either the child or obligor.
In addition to the child support guidelines, 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 guidelines:
new text end

new text begin (1) all earnings, income, and resources of the parents,
including real and personal property, but excluding income from
excess employment of the obligor or obligee that meets the
criteria of section 517C.12, subdivision 6;
new text end

new text begin (2) the financial needs and resources, physical and
emotional condition, and educational needs of the child to be
supported;
new text end

new text begin (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;
new text end

new text begin (4) which parent receives the income taxation dependency
exemption and the financial benefit the parent receives from it;
new text end

new text begin (5) the parents' debts as provided in subdivision 2; and
new text end

new text begin (6) each parent's eligibility for or receipt of public
assistance as defined under section 256.741, subdivision 1. A
court may deviate upward from the amount of child support under
the guidelines if a parent does not receive the public
assistance that the parent is eligible to receive.
new text end

new text begin Subd. 2. new text end

new text begin Debt owed to private creditors. new text end

new text begin (a) In
establishing or modifying a support obligation, the court may
consider debts owed to private creditors, but only if:
new text end

new text begin (1) the right to support has not been assigned under
section 256.741;
new text end

new text begin (2) the court determines that the debt was reasonably
incurred for necessary support of the child or parent or for the
necessary generation of income. If the debt was incurred for
the necessary generation of income, the court may consider only
the amount of debt that is essential to the continuing
generation of income; and
new text end

new text begin (3) the party requesting a departure produces a sworn
schedule of the debts, with supporting documentation, showing
goods or services purchased, the recipient of them, the original
debt amount, the outstanding balance, the monthly payment, and
the number of months until the debt will be fully paid.
new text end

new text begin (b) A schedule prepared under paragraph (a), clause (3),
must contain a statement that the debt will be fully paid after
the number of months shown in the schedule, barring emergencies
beyond the party's control.
new text end

new text begin (c) Any further departure below the guidelines that is
based on a consideration of debts owed to private creditors must
not exceed 18 months in duration. After 18 months the support
must increase automatically to the level ordered by the court.
This section does not prohibit one or more step increases in
support to reflect debt retirement during the 18-month period.
new text end

new text begin (d) If payment of debt is ordered pursuant to this section,
the payment must be ordered to be in the nature of child support.
new text end

new text begin Subd. 3. new text end

new text begin Evidence. new text end

new text begin The court may receive evidence on the
factors in this section to determine if the guidelines should be
exceeded or modified in a particular case.
new text end

new text begin Subd. 4. new text end

new text begin Payments assigned to public authority. new text end

new text begin If the
child support payments are assigned to the public authority
under section 256.741, the court may not deviate downward from
the child support guidelines unless the court specifically finds
that the failure to deviate downward would impose an extreme
hardship on the obligor.
new text end

new text begin Subd. 5. new text end

new text begin Joint legal custody. new text end

new text begin An award of joint legal
custody is not a reason for departure from the guidelines.
new text end

Sec. 18.

new text begin [517C.21] WRITTEN FINDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin No deviation. new text end

new text begin If the court does not
deviate from the guidelines, the court must make written
findings concerning the amount of the parties' income used as
the basis for the guidelines calculation and any other
significant evidentiary factors affecting the child support
determination.
new text end

new text begin Subd. 2. new text end

new text begin Deviation. new text end

new text begin (a) If the court deviates from the
guidelines, the court must make written findings giving the
amount of support calculated under the guidelines, the reasons
for the deviation, and must specifically address the criteria in
section 517C.20 and how the deviation serves the best interests
of the child.
new text end

new text begin (b) The court may deviate from the guidelines if both
parties agree and the court makes written findings that it is in
the best interests of the child, except that in cases where
child support payments are assigned to the public authority
under section 256.741, the court may deviate downward only as
provided in section 517C.20, subdivision 4. Nothing in this
section prohibits the court from deviating in other cases.
new text end

new text begin Subd. 3. new text end

new text begin Written findings required in every case. new text end

new text begin The
provisions of this section apply whether or not the parties are
each represented by independent counsel and have entered into a
written agreement. The court must review stipulations presented
to it for conformity to the guidelines. The court is not
required to conduct a hearing, but the parties must provide the
documentation of earnings required under section 517C.10.
new text end

Sec. 19.

new text begin [517C.22] GUIDELINES REVIEW.
new text end

new text begin No later than 2006 and every four years after that, the
Department of Human Services must conduct a review of the child
support guidelines.
new text end

Sec. 20.

new text begin [517C.23] EDUCATION TRUST FUND.
new text end

new text begin The parties may agree to designate a sum of money above
court-ordered child support as a trust fund for the costs of
postsecondary education.
new text end

Sec. 21.

new text begin [517C.25] MODIFICATION; GENERAL.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin After a child support order is
established, the court may, on motion of a party or the public
authority, modify the order respecting the amount and payment of
support. The court may make an order respecting any matters it
had authority to address in the original proceeding, except as
otherwise provided in section 517C.29. A party or the public
authority also may make a motion for contempt of court if the
obligor is in arrears in support payments.
new text end

new text begin Subd. 2. new text end

new text begin Guidelines remain applicable. new text end

new text begin On a motion for
modification of support, the guidelines in this chapter remain
applicable.
new text end

new text begin Subd. 3. new text end

new text begin Evidentiary hearing not required. new text end

new text begin The court
need not hold an evidentiary hearing on a motion for child
support modification.
new text end

new text begin Subd. 4. new text end

new text begin Form. new text end

new text begin The state court administrator must
prepare and make available to courts, obligors, and obligees a
form to be submitted in support of a motion for a child support
modification or for contempt of court.
new text end

Sec. 22.

new text begin [517C.26] REOPENING AN ORDER.
new text end

new text begin Subdivision 1. new text end

new text begin Factors. new text end

new text begin Upon a party's motion, the court
may rescind a child support order or judgment and may order a
new trial or grant other relief as may be just for the following
reasons:
new text end

new text begin (1) mistake, inadvertence, surprise, or excusable neglect;
new text end

new text begin (2) newly discovered evidence that could not have been
discovered by due diligence in time to move for a new trial
under the Minnesota Rules of Civil Procedure;
new text end

new text begin (3) fraud, whether denominated intrinsic or extrinsic,
misrepresentation, or other misconduct of an adverse party;
new text end

new text begin (4) the judgment or order is void;
new text end

new text begin (5) the judgment has been satisfied, released, or
discharged;
new text end

new text begin (6) the judgment is based on a prior order that has been
reversed or otherwise vacated; or
new text end

new text begin (7) it is no longer equitable that the order should have
prospective application.
new text end

new text begin Subd. 2. new text end

new text begin Procedure; effect. new text end

new text begin A party's motion must be
made within a reasonable time, and, for a reason under
subdivision 1, clause (1), (2), or (3), not more than one year
after the judgment and decree, order, or proceeding was entered
or taken. A motion under this section does not affect the
finality of an order or suspend its operation. This section
does not limit the power of a court to entertain an independent
action to relieve a party from an order or proceeding or to
grant relief to a party not actually personally notified as
provided in the Minnesota Rules of Civil Procedure, or to set
aside a judgment for fraud upon the court.
new text end

Sec. 23.

new text begin [517C.27] CHANGE IN CUSTODY OR PARENTING TIME.
new text end

new text begin Subdivision 1. new text end

new text begin Official change in custody; child support
suspended. new text end

new text begin If an obligee has been granted sole physical custody
of a child, the child subsequently lives with the obligor, and
temporary sole physical custody has been approved by the court
or by a court-appointed referee, the court may suspend the
obligor's child support obligation pending the final custody
determination. The court's order denying the suspension of
child support must include a written explanation of the reasons
why continuation of the child support obligation would be in the
best interests of the child.
new text end

new text begin Subd. 2. new text end

new text begin Unofficial change in custody; child support
obligation satisfied. new text end

new text begin The court may conclude that an obligor
has satisfied a child support obligation by providing a home,
care, and support for the child while the child is living with
the obligor, if the court finds that the child was integrated
into the family of the obligor with the consent of the obligee
and child support payments were not assigned to the public
authority.
new text end

new text begin Subd. 3. new text end

new text begin 30-day change; child support reduced. new text end

new text begin A support
order issued under this chapter may provide that, during any
period of time of 30 consecutive days or longer that the child
is residing with the obligor, the support amount otherwise due
under the order may be reduced.
new text end

Sec. 24.

new text begin [517C.28] SUBSTANTIAL CHANGE IN CIRCUMSTANCES,
EARNINGS, OR NEEDS.
new text end

new text begin Subdivision 1. new text end

new text begin Factors. new text end

new text begin (a) A court may modify the terms
of a child support order upon a showing of one or more of the
following:
new text end

new text begin (1) substantially increased or decreased earnings of an
obligor or obligee;
new text end

new text begin (2) substantially increased or decreased need of an obligor
or obligee or the child that is the subject of these
proceedings;
new text end

new text begin (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;
new text end

new text begin (4) a change in the cost of living for either party, as
measured by the federal Bureau of Labor Statistics, that makes
the terms unreasonable and unfair;
new text end

new text begin (5) extraordinary medical expenses of the child not
provided for under section 517C.17;
new text end

new text begin (6) the addition of the obligee's work-related or
education-related child care expenses or a substantial increase
or decrease in existing work-related or education-related child
care expenses; or
new text end

new text begin (7) upon the emancipation of a child if there is still a
child under the order. A child support obligation for two or
more children that is not a support obligation in a specific
amount per child continues in the full amount until modified or
until the emancipation of the last child for whose benefit the
order was made.
new text end

new text begin (b) Implementation of this chapter is not a basis for
modification unless the requirements under this section are met.
new text end

new text begin Subd. 2. new text end

new text begin Presumptions. new text end

new text begin It is presumed that there has
been a substantial change in circumstances under subdivision 1
and the terms of a current support order are rebuttably presumed
to be unreasonable and unfair if:
new text end

new text begin (1) when applied to the parties' current circumstances, the
presumptive child support amount derived under this chapter is
at least 20 percent and at least $75 per month higher or lower
than the current support order;
new text end

new text begin (2) the medical support provisions of the order established
under section 517C.17 are not enforceable by the public
authority or the obligee;
new text end

new text begin (3) health insurance coverage ordered under section 517C.17
is not available to the child for whom the order is established
by the parent ordered to provide it; or
new text end

new text begin (4) the existing support obligation is in the form of a
statement of percentage and not a specific dollar amount.
new text end

Sec. 25.

new text begin [517C.29] MODIFICATION EFFECTIVE DATE.
new text end

new text begin Subdivision 1. new text end

new text begin Date of motion determinative. new text end

new text begin A court may
make a modification of support, including interest that accrued
pursuant to section 548.091, effective no sooner than the date
of service of notice of the motion for modification on the
responding parties.
new text end

new text begin Subd. 2. new text end

new text begin Retroactive modification permitted only in
limited circumstances. new text end

new text begin Notwithstanding subdivision 1, a court
may apply a modification to an earlier period if the court makes
express findings that:
new text end

new text begin (1) the party seeking modification was precluded from
serving a motion by reason of a significant physical or mental
disability, a material misrepresentation of another party, or
fraud upon the court; and the party seeking modification, when
no longer precluded, promptly served a motion;
new text end

new text begin (2) the party seeking modification was a recipient of
federal Supplemental Security Income (SSI), Title II Older
Americans Insurance, Survivor's Disability Insurance (OASDI),
other disability benefits, or public assistance based upon need
during the period for which retroactive modification is sought;
new text end

new text begin (3) the order the party seeks to amend was entered by
default, the party shows good cause for not appearing, and the
record contains no factual evidence, or clearly erroneous
evidence, regarding the obligor's ability to pay; or
new text end

new text begin (4) the party seeking modification was institutionalized or
incarcerated for an offense other than nonsupport of a child
during the period for which retroactive modification is sought
and lacked the financial ability to pay the support ordered
during that time period. In determining whether to allow the
retroactive modification, the court must consider whether and
when a request was made to the public authority for support
modification.
new text end

new text begin Subd. 3. new text end

new text begin Child care exception. new text end

new text begin The court may provide
that a reduction in the amount allocated for child care expenses
based on a substantial decrease in the expenses is effective as
of the date the expenses decreased.
new text end

new text begin Subd. 4. new text end

new text begin Child support debt and arrearage
management. new text end

new text begin The parties, including the public authority, may
compromise child support debts or arrearages owed by one party
to another, whether or not reduced to judgment, upon agreement
of the parties involved.
new text end

Sec. 26.

new text begin [517C.30] TERMINATION OF CHILD SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Death of obligor. new text end

new text begin Unless otherwise agreed
in writing or expressly provided in the order, provisions for a
child's support are not terminated by the death of a parent
obligated to support the child. When a parent obligated to pay
support dies, the amount of support may be modified, revoked, or
commuted to a lump-sum payment, to the extent just and
appropriate in the circumstances.
new text end

new text begin Subd. 2. new text end

new text begin Automatic termination. new text end

new text begin (a) Unless a court order
provides otherwise, a child support obligation in a specific
amount per child terminates automatically and without any action
by the obligor to reduce, modify, or terminate the order upon
the child's emancipation.
new text end

new text begin (b) A child support obligation for two or more children
that is not a support obligation in a specific amount per child
continues in the full amount until the emancipation of the last
child for whose benefit the order was made, or until further
order of the court.
new text end

new text begin (c) The obligor may request a modification of the obligor's
child support order upon a child's emancipation if there are
still minor children under the order. The court must determine
the child support obligation based on the parties' income at the
time the modification is sought.
new text end

Sec. 27.

new text begin [517C.31] COST-OF-LIVING ADJUSTMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin An order establishing,
modifying, or enforcing child support must provide for a
biennial adjustment in the amount to be paid based on a change
in the cost of living. Cost-of-living adjustments are
compounded.
new text end

new text begin Subd. 2. new text end

new text begin Waiver. new text end

new text begin A court may waive the requirement of
the cost-of-living clause if it expressly finds that the
obligor's occupation or income, or both, does not provide for
cost-of-living adjustment or that the order for child support
has a provision such as a step increase that has the effect of a
cost-of-living clause.
new text end

new text begin Subd. 3. new text end

new text begin Index; amount. new text end

new text begin (a) The court must specify the
cost-of-living index to be applied in an order that provides for
a cost-of-living adjustment. The court may use the Consumer
Price Index for all urban consumers, Minneapolis-St. Paul
(CPI-U), the Consumer Price Index for wage earners and clerical,
Minneapolis-St. Paul (CPI-W), or another cost-of-living index
published by the Department of Labor and Industry that the court
specifically finds is more appropriate.
new text end

new text begin (b) The court may increase the amount by more than the
cost-of-living adjustment by agreement of the parties or by
making further findings.
new text end

new text begin Subd. 4. new text end

new text begin Effective date. new text end

new text begin If payment is made to the
public authority, an adjustment is effective on May 1 of the
year it is made. If payment is not made to the public
authority, an adjustment may be made in any month but no
adjustment may be made sooner than two years after the date of
the dissolution decree. A support order must specify the
effective date of cost-of-living adjustments.
new text end

new text begin Subd. 5. new text end

new text begin Notice. new text end

new text begin A cost-of-living adjustment may not be
made unless:
new text end

new text begin (1) the support order requires it; and
new text end

new text begin (2) the obligee or public authority notifies the obligor of
the adjustment by mail at the obligor's last known address at
least 20 days before the effective date of the adjustment. The
notice must inform the obligor of the effective date of the
adjustment, the right to contest the adjustment, and the
procedures to contest the adjustment.
new text end

new text begin Subd. 6. new text end

new text begin Procedure for contesting adjustment. new text end

new text begin (a) To
contest a cost-of-living adjustment initiated by the public
authority or an obligee who has applied for or is receiving
child support collection services from the public authority,
other than income withholding-only services, the obligor must:
new text end

new text begin (1) file a motion contesting the cost-of-living adjustment
with the court administrator; and
new text end

new text begin (2) serve the motion by first class mail on the public
authority and the obligee.
new text end

new text begin The obligor must file and serve the motion before the effective
date of the adjustment. The hearing must take place in the
expedited child support process under section 484.702.
new text end

new text begin (b) To contest a cost-of-living adjustment initiated by an
obligee who is not receiving child support collection services
from the public authority, or for an obligee who receives income
withholding-only services from the public authority, the obligor
must:
new text end

new text begin (1) file a motion contesting the cost-of-living adjustment
with the court administrator; and
new text end

new text begin (2) serve the motion by first class mail on the obligee.
new text end

new text begin The obligor must file and serve the motion before the effective
date of the adjustment. The hearing must take place in district
court.
new text end

new text begin (c) Upon receipt of a motion contesting the cost-of-living
adjustment, the public authority or court must stay the
cost-of-living adjustment pending further order of the court.
new text end

new text begin Subd. 7. new text end

new text begin Hearing. new text end

new text begin (a) At a hearing under this section,
if the obligor establishes an insufficient increase in income to
fulfill the adjusted child support obligation, the district
court or child support magistrate may direct that all or part of
the adjustment not take effect.
new text end

new text begin (b) At a hearing under this section, if the obligor does
not establish an insufficient increase in income, the adjustment
must take effect as of the date originally specified in the
support order.
new text end

new text begin Subd. 8. new text end

new text begin Form. new text end

new text begin The state court administrator must
prepare and make available to the court and obligors a pro se
motion form to be submitted in support of a request for a
hearing under this section.
new text end

new text begin Subd. 9. new text end

new text begin Rules. new text end

new text begin The commissioner of human services may
promulgate rules for child support adjustments under this
section in accordance with the rulemaking provisions of chapter
14.
new text end

Sec. 28.

new text begin [517C.35] ASSIGNMENT.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The court must direct that all
payments ordered for support be made to the public authority if
the obligee is receiving or has applied for public assistance.
Amounts received by the public authority greater than the amount
granted to the obligee must be remitted to the obligee pursuant
to federal requirements.
new text end

new text begin Subd. 2. new text end

new text begin Judgments. new text end

new text begin The court administrator must enter
and docket a judgment obtained by operation of law under section
548.091, subdivision 1, in the name of the public authority to
the extent that the obligation has been assigned. When arrears
are reduced to judgment and section 548.091 is not applicable,
the court must grant judgment in favor of, and in the name of,
the public authority to the extent that the arrears are
assigned. The public authority must file notice of an
assignment with the court administrator, who must enter the
notice in the docket. The public authority may then enforce a
judgment entered before the assignment of rights as if the
judgment were granted to it, and in its name, to the extent that
the arrears in that judgment are assigned.
new text end

new text begin Subd. 3. new text end

new text begin Property lien. new text end

new text begin The court may make any child
support order a lien or charge upon the obligor's property,
either at the time of the entry of the judgment or by subsequent
order upon proper application.
new text end

Sec. 29.

new text begin [517C.36] PARTY STATUS.
new text end

new text begin Subdivision 1. new text end

new text begin Obligee receives public assistance; public
authority is a party. new text end

new text begin The public authority is joined as a party
and is a real party in interest if the obligee is receiving, or
subsequently applies for, public assistance and rights are
assigned under section 256.741, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin No public assistance; application for services.
new text end

new text begin If the obligee is not receiving public assistance, but has
applied for child support collection services, the public
authority has a pecuniary interest, as well as an interest in
the welfare of a child. The public authority may intervene as a
matter of right in those cases to ensure that child support
orders are obtained, enforced, and provide for an appropriate
and accurate level of child, medical, and child care support.
If the public authority participates in a case where the action
taken by the public authority requires the use of an attorney's
services, the public authority must be represented by an
attorney consistent with the provisions in section 517C.37.
new text end

Sec. 30.

new text begin [517C.37] ROLE OF PUBLIC AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Public authority does not represent
obligor or obligee. new text end

new text begin The provision of services under the child
support enforcement program that includes services by an
attorney or an attorney's representative employed by, under
contract to, or representing the public authority does not
create an attorney-client relationship with any party other than
the public authority. Attorneys employed by or under contract
with the public authority have an affirmative duty to inform
applicants and recipients of services under the child support
enforcement program that no attorney-client relationship exists
between the attorney and the applicant or recipient. This
section applies to all legal services provided by the child
support enforcement program.
new text end

new text begin Subd. 2. new text end

new text begin Written notice. new text end

new text begin The public authority must
provide written notice to an applicant or recipient of services
that:
new text end

new text begin (1) no attorney-client relationship exists between the
attorney and the applicant or recipient;
new text end

new text begin (2) the rights of the individual as a subject of data are
controlled by section 13.04, subdivision 2; and
new text end

new text begin (3) the individual has a right to have an attorney
represent the individual.
new text end

new text begin Subd. 3. new text end

new text begin Power to represent other public
authorities. new text end

new text begin The public authority may act on behalf of a public
authority from another jurisdiction. This includes the
authority to represent the legal interests of, or execute
documents on behalf of, the other public authority in connection
with the establishment, enforcement, and collection of child
support and collection on judgments.
new text end

Sec. 31.

new text begin [517C.38] SERVICE FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Obligor fee. new text end

new text begin When the public authority
provides child support collection services either to a public
assistance recipient or to a party who does not receive public
assistance, the public authority may upon written notice to the
obligor charge a monthly collection fee equivalent to the full
monthly cost to the county of providing collection services, in
addition to the amount of the child support ordered by the
court. The public authority must deposit the fee in the county
general fund. The service fee assessed is limited to ten
percent of the monthly court-ordered child support and must not
be assessed to obligors who are current in payment of the
monthly court-ordered child support.
new text end

new text begin Subd. 2. new text end

new text begin Obligee fee. new text end

new text begin A $25 application fee must be paid
by the person who applies for child support and maintenance
collection services, except persons who are receiving public
assistance as defined in section 256.741, persons who transfer
from public assistance to nonpublic assistance status, and minor
parents and parents enrolled in a public secondary school, area
learning center, or alternative learning program approved by the
commissioner of education.
new text end

new text begin Subd. 3. new text end

new text begin Tax intercept fees. new text end

new text begin Fees assessed by state and
federal tax agencies for collection of overdue support owed to
or on behalf of a person not receiving public assistance must be
imposed on the person for whom these services are provided. The
public authority upon written notice to the obligee must assess
a fee of $25 to the person not receiving public assistance for
each successful federal tax interception. The public authority
must withhold the fee before the release of the funds received
from each interception and must deposit the fee in the general
fund.
new text end

new text begin Subd. 4. new text end

new text begin Compliance with federal law. new text end

new text begin The limitations of
this section on the assessment of fees do not apply to the
extent they are inconsistent with the requirements of federal
law for receiving funds for the programs under Title IV-A and
Title IV-D of the Social Security Act, United States Code, title
42, sections 601 to 613 and 651 to 662.
new text end

Sec. 32.

new text begin [517C.39] PUBLIC AUTHORITY PROCEDURES FOR CHILD
SUPPORT AND PARENTAGE ORDERS.
new text end

new text begin The public authority may use the provisions of sections
517C.40 to 517C.44 when support rights are assigned under
section 256.741, subdivision 2, or when the public authority is
providing services under an application for child support
collection services.
new text end

Sec. 33.

new text begin [517C.40] NONATTORNEY EMPLOYEE DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Duties performed under supervision of
county attorney. new text end

new text begin (a) The county attorney must review and
approve as to form and content all pleadings and other legal
documents prepared by nonattorney employees of the public
authority for use in the expedited child support process.
new text end

new text begin (b) Under the direction of, and in consultation with, the
county attorney, nonattorney employees of the public authority
may perform the following legal duties:
new text end

new text begin (1) meet and confer with parties by mail, telephone,
electronic, or other means regarding legal issues;
new text end

new text begin (2) explain to parties the purpose, procedure, and function
of the expedited child support process and the role and
authority of nonattorney employees of the public authority
regarding legal issues;
new text end

new text begin (3) prepare pleadings, including, but not limited to,
summonses and complaints, notices, motions, subpoenas, orders to
show cause, proposed orders, administrative orders, and
stipulations and agreements;
new text end

new text begin (4) issue administrative subpoenas;
new text end

new text begin (5) prepare judicial notices;
new text end

new text begin (6) negotiate settlement agreements;
new text end

new text begin (7) attend and participate as a witness in hearings and
other proceedings and, if requested by the child support
magistrate, present evidence, agreements and stipulations of the
parties, and any other information deemed appropriate by the
magistrate;
new text end

new text begin (8) participate in other activities and perform other
duties delegated by the county attorney; and
new text end

new text begin (9) exercise other powers and perform other duties as
permitted by statute or court rule.
new text end

new text begin Subd. 2. new text end

new text begin Duties performed without direction from county
attorney. new text end

new text begin Nonattorney employees of the public authority may
perform the following duties without direction from the county
attorney:
new text end

new text begin (1) gather information on behalf of the public authority;
new text end

new text begin (2) prepare financial worksheets;
new text end

new text begin (3) obtain income information from the Department of
Employment and Economic Development and other sources;
new text end

new text begin (4) serve documents on parties;
new text end

new text begin (5) file documents with the court;
new text end

new text begin (6) meet and confer with parties by mail, telephone,
electronic, or other means regarding nonlegal issues;
new text end

new text begin (7) explain to parties the purpose, procedure, and function
of the expedited child support process and the role and
authority of nonattorney employees of the public authority
regarding nonlegal issues; and
new text end

new text begin (8) perform other routine nonlegal duties as assigned.
new text end

new text begin Subd. 3. new text end

new text begin Practice of law. new text end

new text begin Performance of the duties
prescribed in subdivisions 1 and 2 by nonattorney employees of
the public authority does not constitute the unauthorized
practice of law for purposes of section 481.02.
new text end

Sec. 34.

new text begin [517C.41] PLEADINGS; CASE INFORMATION SHEET.
new text end

new text begin Subdivision 1. new text end

new text begin Pleadings. new text end

new text begin In cases involving
establishment or modification of a child support order, the
initiating party must include the following information, if
known, in the pleadings:
new text end

new text begin (1) the parties' names, addresses, and dates of birth;
new text end

new text begin (2) Social Security numbers of the parties and the parties'
minor children. This information is considered private
information and is available only to the parties, the court, and
the public authority;
new text end

new text begin (3) number of members in each party's household and
dependents of the parties;
new text end

new text begin (4) the parties' other support obligations;
new text end

new text begin (5) names and addresses of the parties' employers;
new text end

new text begin (6) the parties' income as defined in section 517C.12;
new text end

new text begin (7) amounts and sources of the parties' other earnings and
income;
new text end

new text begin (8) the parties' health insurance coverage;
new text end

new text begin (9) types and amounts of public assistance the parties
receive, including Minnesota family investment program, child
care assistance, medical assistance, MinnesotaCare, title IV-E
foster care, or other forms of assistance as defined in section
256.741, subdivision 1; and
new text end

new text begin (10) any other information relevant to the determination of
child support under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Case information sheet. new text end

new text begin For all matters
scheduled in the expedited process, the nonattorney employee of
the public authority must file with the court and serve on the
parties the following information:
new text end

new text begin (1) income information available to the public authority
from the Department of Employment and Economic Development;
new text end

new text begin (2) a statement of the monthly amount of child support,
child care, medical support, and arrears currently being charged
the parties in Minnesota IV-D cases;
new text end

new text begin (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
new text end

new text begin (4) any other information relevant to determining support
that is known to the public authority and that the parties have
not otherwise provided.
new text end

new text begin Subd. 3. new text end

new text begin Filing information. new text end

new text begin The public authority must
file the case information with the district court or child
support magistrate at least five days before a hearing involving
child support, medical support, or child care reimbursement
issues.
new text end

Sec. 35.

new text begin [517C.42] NONCONTESTED MATTERS.
new text end

new text begin Under the direction of the county attorney and based on
agreement of the parties, nonattorney employees of the public
authority may prepare a stipulation, findings of fact,
conclusions of law, and proposed order. The county attorney
must approve and sign the documents as to form and content
before the nonattorney employees submit the documents to the
district court or child support magistrate for approval.
new text end

Sec. 36.

new text begin [517C.43] ADMINISTRATIVE AUTHORITY; PARENTAGE;
SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Powers. new text end

new text begin The public authority may take the
following actions relating to establishing paternity or to
establishing, modifying, or enforcing support orders, without
the necessity of obtaining an order from a judicial or
administrative tribunal:
new text end

new text begin (1) recognize and enforce orders of child support agencies
of other states;
new text end

new text begin (2) upon request for genetic testing by a child, parent, or
an alleged parent, and using the procedure in subdivision 2,
order the child, parent, or alleged parent to submit to blood or
genetic testing for the purpose of establishing paternity;
new text end

new text begin (3) subpoena financial or other information needed to
establish, modify, or enforce a child support order and sanction
a party for failure to respond to a subpoena;
new text end

new text begin (4) upon notice to the obligor, obligee, and the
appropriate court, direct the obligor or other payor to change
the payee to the central collections unit under section 517C.50;
new text end

new text begin (5) order income withholding of child support under section
517C.52 and sanction an employer or payor of funds under section
393.07, subdivision 9a, for failing to comply with an income
withholding notice;
new text end

new text begin (6) secure assets to satisfy a support debt or arrears by:
new text end

new text begin (i) intercepting or seizing periodic or lump-sum payments
from state or local agencies, including unemployment insurance
benefits, workers' compensation payments, judgments,
settlements, lotteries, and other lump-sum payments;
new text end

new text begin (ii) attaching and seizing the obligor's assets held in
financial institutions or public or private retirement funds;
and
new text end

new text begin (iii) imposing liens in accordance with section 548.091,
and, in appropriate cases, forcing the sale of property and the
distribution of proceeds;
new text end

new text begin (7) for the purpose of securing overdue support, increase
the amount of the monthly support payments by an additional
amount equal to 20 percent of the monthly support payment to
include amounts for debts or arrears; and
new text end

new text begin (8) subpoena an employer or payor of funds to provide
promptly information on the employment, compensation, and
benefits of an individual employed by that employer as an
employee or contractor, and sanction an employer or payor of
funds under section 393.07, subdivision 9a, for failure to
respond to the subpoena as provided by law.
new text end

new text begin Subd. 2. new text end

new text begin Genetic testing. new text end

new text begin (a) A child, parent, or
alleged parent who requests genetic testing must support the
request with a sworn statement that:
new text end

new text begin (1) alleges paternity and sets forth facts establishing a
reasonable possibility of the requisite sexual contact between
the parties; or
new text end

new text begin (2) denies paternity and sets forth facts establishing a
reasonable possibility of the nonexistence of sexual contact
between the alleged parties.
new text end

new text begin (b) The order for genetic tests may be served anywhere
within the state and served outside the state in the same manner
as prescribed by law for service of subpoenas issued by the
district court of this state.
new text end

new text begin (c) If the child, parent, or alleged parent fails to comply
with the genetic testing order, the public authority may seek to
enforce that order in district court through a motion to compel
testing.
new text end

new text begin (d) No results obtained through genetic testing done in
response to an order issued under this section may be used in a
criminal proceeding.
new text end

new text begin Subd. 3. new text end

new text begin Subpoenas. new text end

new text begin (a) Subpoenas may be served anywhere
within the state and served outside the state in the same manner
as prescribed by law for service of process of subpoenas issued
by the district court of this state. When a subpoena under this
subdivision is served on a third-party record keeper, written
notice of the subpoena must be mailed to the person who is the
subject of the subpoenaed material at the person's last known
address within three days of the day the subpoena is served.
This notice provision does not apply if there is reasonable
cause to believe the giving of the notice may lead to
interference with the production of the subpoenaed documents.
new text end

new text begin (b) A person served with a subpoena may make a written
objection to the public authority or court before the time
specified in the subpoena for compliance. The public authority
or the court may cancel or modify the subpoena, if appropriate.
The public authority must pay the reasonable costs of producing
the documents, if requested.
new text end

new text begin (c) Subpoenas are enforceable in the same manner as
subpoenas of the district court. Upon motion of the county
attorney, the court may issue an order directing the production
of the records. A person who fails to comply with the court
order may be subject to civil or criminal contempt of court.
new text end

new text begin Subd. 4. new text end

new text begin Due process. new text end

new text begin The administrative actions under
this section are subject to due process safeguards, including
requirements for notice, opportunity to contest the action, and
opportunity to appeal the order to a judge, judicial officer, or
child support magistrate.
new text end

Sec. 37.

new text begin [517C.44] SHARING OF INFORMATION; DATA.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The public authority may share
available and relevant information on the parties in order to
perform its duties under sections 517C.40 to 517C.43 or under
Supreme Court rules governing the expedited child support
hearing process under section 484.702, subject to the
limitations of subdivision 3 and sections 256.87, subdivision 8,
and 257.70.
new text end

new text begin Subd. 2. new text end

new text begin Data disclosed to an attorney of the public
authority. new text end

new text begin (a) Data disclosed by an applicant for, or recipient
of, child support services to an attorney employed by, or under
contract with, the public authority is private data on an
individual. However, the data may be disclosed under sections
13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and
517C.11, subdivision 3, in order to obtain, modify, or enforce
child support, medical support, and parentage determinations.
new text end

new text begin (b) An attorney employed by, or under contract with, the
public authority may disclose additional information received
from an applicant for, or recipient of, services for other
purposes with the consent of the individual applicant for, or
recipient of, child support services.
new text end

new text begin Subd. 3. new text end

new text begin Prohibited disclosure. new text end

new text begin In all proceedings under
this chapter and chapter 517A in which public assistance is
assigned under section 256.741, or the public authority provides
services to a party or parties to the proceedings,
notwithstanding statutory or other authorization for the public
authority to release private data on the location of a party to
the action, the public authority may not release information on
the location of one party to the other party if:
new text end

new text begin (1) the public authority has knowledge that a protective
order with respect to the other party has been entered; or
new text end

new text begin (2) the public authority has reason to believe that the
release of the information may result in physical or emotional
harm to the other party.
new text end

Sec. 38.

new text begin [517C.45] SUFFICIENCY OF NOTICE.
new text end

new text begin Automated child support notices sent by the public
authority which do not require service are sufficient notice
when issued and mailed by first class mail to the person's last
known address.
new text end

Sec. 39.

new text begin [517C.50] CHILD SUPPORT PAYMENT CENTER; CENTRAL
COLLECTIONS UNIT.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin (a) The commissioner of human
services must create and maintain a central collections unit to
receive, process, and disburse payments, and to maintain a
record of payments in all cases when:
new text end

new text begin (1) the public authority is a party;
new text end

new text begin (2) the public authority provides child support enforcement
services to a party; or
new text end

new text begin (3) payment is collected through income withholding.
new text end

new text begin (b) The commissioner may contract for services to carry out
these provisions if the commissioner first meets and negotiates
with the affected exclusive representatives.
new text end

new text begin Subd. 2. new text end

new text begin Creditor collections. new text end

new text begin The central collections
unit under this section is not a third party under chapters 550,
552, and 571 for purposes of creditor collection efforts against
child support and maintenance order obligors or obligees, and is
not subject to creditor levy, attachment, or garnishment.
new text end

new text begin Subd. 3. new text end

new text begin Credit for payment. new text end

new text begin Payments made to the public
authority that are not collected through income withholding must
be credited as of the date the payment is received by the
central collections unit.
new text end

Sec. 40.

new text begin [517C.51] MANDATORY PAYMENT OF OBLIGATIONS TO
CENTRAL COLLECTIONS UNIT.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin All payments described in
section 517C.50 must be made to the central collections unit.
new text end

new text begin Subd. 2. new text end

new text begin Local payment; transmittal. new text end

new text begin Each local child
support agency must provide a location within the agency to
receive payments. When the local agency receives a payment, it
must transmit the funds to the central collections unit within
one working day of receipt of the payment.
new text end

new text begin Subd. 3. new text end

new text begin Incentives. new text end

new text begin Notwithstanding a rule to the
contrary, incentives must be paid to the county providing
services and maintaining the case to which the payment is
applied. Incentive payments awarded for the collection of child
support must be based solely upon payments processed by the
central collections unit. Incentive payments received by the
county under this subdivision must be used for county child
support collection efforts.
new text end

new text begin Subd. 4. new text end

new text begin Electronic funds transfer. new text end

new text begin The central
collections unit is authorized to engage in the electronic
transfer of funds for the receipt and disbursement of funds.
new text end

new text begin Subd. 5. new text end

new text begin Required content of order. new text end

new text begin A tribunal issuing
an order that establishes or modifies a payment must issue an
income withholding order in conformity with section 517C.52.
The automatic income withholding order must include the
obligor's name, Social Security number, and date of birth and
the name and address of the obligor's employer. The street
mailing address and the electronic mail address for the central
collections unit must be included in each automatic income
withholding order issued by a tribunal.
new text end

new text begin Subd. 6. new text end

new text begin Transmittal of order to the public authority by
the tribunal. new text end

new text begin The tribunal must transmit a copy of the order
establishing or modifying the payment, and a copy of the
automatic income withholding order, to the local child support
agency within two working days of the approval of the order by
the judge or child support magistrate or other person or entity
authorized to sign the automatic withholding order.
new text end

new text begin Subd. 7. new text end

new text begin Transmittal of funds from obligor or payor of
funds to central collections unit. new text end

new text begin The obligor or other payor
of funds must identify the obligor on the check or remittance by
name, payor number, and Social Security number, and must comply
with section 517C.52.
new text end

new text begin Subd. 8. new text end

new text begin Sanction for checks drawn on insufficient
funds. new text end

new text begin A notice may be directed to a person or entity
submitting a check drawn on insufficient funds stating that
future payments must be made by cash or certified funds. The
central collections unit and the public authority may refuse a
check from a person or entity that has been given notice that
payments must be in cash or certified funds.
new text end

new text begin Subd. 9. new text end

new text begin Admissibility of payment records. new text end

new text begin A copy of the
record of payments maintained by the central collections unit is
admissible evidence in all tribunals as proof of payments made
through the central collections unit without the need of
testimony to prove authenticity.
new text end

new text begin Subd. 10. new text end

new text begin Transition provisions. new text end

new text begin (a) The commissioner of
human services must develop a plan for the implementation of the
central collections unit. The plan must require that payments
be redirected to the central collections unit. Payments may be
redirected in groups according to county of origin, county of
payment, method of payment, type of case, or any other
distinguishing factor designated by the commissioner.
new text end

new text begin (b) Notice that payments must be made to the central
collections unit must be provided to the obligor and to the
payor of funds within 30 days before payments are redirected to
the central collections unit. After the notice has been
provided to the obligor or payor of funds, mailed payments
received by the local child support agency must be forwarded to
the central collections unit. A notice must be sent to the
obligor or payor of funds stating that payment application may
be delayed and must provide directions to submit future payments
to the central collections unit.
new text end

new text begin Subd. 11. new text end

new text begin Collections unit recoupment account. new text end

new text begin The
commissioner of human services may establish a revolving account
to cover funds issued in error due to insufficient funds or
other reasons. The commissioner must deposit appropriations for
this purpose and all recoupments against payments from the
account in the collections unit's recoupment account. The
recoupments are appropriated to the commissioner. An unexpended
balance in the account does not cancel, but is available until
expended.
new text end

new text begin Subd. 12. new text end

new text begin Unclaimed support funds. new text end

new text begin (a) If the public
authority cannot disburse support payments to an obligee because
the obligee cannot be located, the public authority must
continue its efforts to locate the obligee for one year from the
date it determines that it cannot locate the obligee.
new text end

new text begin (b) If the public authority is unable to locate the obligee
after one year, the public authority must mail a written notice
to the obligee at the obligee's last known address giving the
obligee 60 days to contact the public authority.
new text end

new text begin (c) If the obligee does not contact the public authority
within 60 days from the date of notice, the public authority
must:
new text end

new text begin (1) close the nonpublic assistance portion of the case;
new text end

new text begin (2) disburse unclaimed support funds to pay public
assistance arrears. If public assistance arrears remain after
disbursing the unclaimed support funds, the public authority may
continue to enforce and collect child support until all public
assistance arrears have been paid. If there are not public
assistance arrears, or unclaimed support funds remain after the
public assistance arrears have been paid, the public authority
must return the remaining unclaimed support funds to the
obligor; and
new text end

new text begin (3) when all public assistance arrears have been paid to
the public authority, mail a written notice of termination of
income withholding and case closure to the obligor at the
obligor's last known address. The notice must indicate that the
obligor's support obligation will remain in effect until further
order of the court and that the obligor may contact the public
authority for assistance to modify the order. The public
authority must include a copy of the form prepared by the state
court administrator's office under section 517C.25, subdivision
4, with the notice.
new text end

new text begin (d) If the public authority cannot locate the obligor to
return unclaimed support funds, the public authority must
continue its efforts to locate the obligor for one year from the
date the public authority determines that the obligor cannot be
located. If the public authority is unable to locate the
obligor after one year, the public authority must treat the
funds as unclaimed property according to federal law and chapter
345.
new text end

Sec. 41.

new text begin [517C.52] INCOME WITHHOLDING; GENERAL.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin Sections 517C.51 to 517C.62
apply to all support orders issued by a court or an
administrative tribunal and orders for or notices of withholding
issued by the public authority according to section 517C.43,
subdivision 1, clause (5).
new text end

new text begin Subd. 2. new text end

new text begin Order. new text end

new text begin (a) Every support order must address
income withholding. Whenever a support order is initially
entered or modified, the full amount of the support order must
be withheld from the income of the obligor and forwarded to the
public authority. Sections 517C.51 to 517C.62 apply regardless
of the source of income of the person obligated to pay the child
support.
new text end

new text begin (b) Every order for child support must provide for a
conspicuous notice of the provisions in this section that
complies with section 517C.99, subdivision 3. An order without
this notice remains subject to this section.
new text end

new text begin (c) A payor of funds must implement income withholding
according to sections 517C.51 to 517C.62 upon receipt of an
order for or notice of withholding. The notice of withholding
must be on a form provided by the commissioner of human services.
new text end

new text begin Subd. 3. new text end

new text begin Notice; income withholding and collection
services. new text end

new text begin (a) The commissioner of human services must prepare
and make available to the courts a notice of services that
explains child support and maintenance collection services
available through the public authority, including income
withholding. Upon receiving a petition for dissolution of
marriage or legal separation, the court administrator must
promptly send the notice of services to the petitioner and
respondent at the addresses stated in the petition.
new text end

new text begin (b) Upon receipt of a support order requiring income
withholding, a petitioner or respondent, who is not a recipient
of public assistance and does not receive child support
collection services from the public authority, must apply to the
public authority for either full child support collection
services or for services only to withhold income.
new text end

new text begin (c) For those persons applying for services only to
withhold income, the public authority must charge a monthly
service fee of $15 to the obligor. This fee is in addition to
the amount of the support order and must be withheld through
income withholding. The public authority must explain the
service options in this section to the affected parties and
encourage the application for full child support collection
services.
new text end

new text begin Subd. 4. new text end

new text begin Contract for service. new text end

new text begin To carry out income
withholding, the public authority may contract for services,
including the use of electronic funds transfer.
new text end

new text begin Subd. 5. new text end

new text begin Electronic transmission. new text end

new text begin Orders or notices for
income withholding may be transmitted for enforcement purposes
by electronic means.
new text end

new text begin Subd. 6. new text end

new text begin Timing of automated enforcement remedies. new text end

new text begin The
public authority must make reasonable efforts to ensure that
automated enforcement remedies take into consideration the time
periods allowed under sections 517C.51 to 517C.62.
new text end

Sec. 42.

new text begin [517C.53] WAIVER OF INCOME WITHHOLDING.
new text end

new text begin (a) If child support is not assigned to the public
authority under section 256.741, the court may waive income
withholding requirements if it finds there are no arrears as of
the date of the hearing and:
new text end

new text begin (1) one party demonstrates and the court finds there is
good cause to waive the requirements of sections 517C.51 to
517C.62 or to terminate an order for or notice of income
withholding previously entered; or
new text end

new text begin (2) all parties reach an agreement and the agreement is
approved by the court after a finding that the agreement is
likely to result in regular and timely payments. The court's
findings waiving the requirements of this paragraph must include
a written explanation of the reasons why income withholding
would not be in the child's best interests.
new text end

new text begin (b) In addition to the other requirements in this section,
if the case involves a modification of support, the court must
make a finding that support has been timely made.
new text end

new text begin (c) If the court waives income withholding, the obligee or
obligor may at any time request subsequent income withholding
under section 517C.59.
new text end

Sec. 43.

new text begin [517C.54] PAYOR OF FUNDS RESPONSIBILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Activation. new text end

new text begin An order for or notice of
withholding is binding on a payor of funds upon receipt.
Withholding must begin no later than the first pay period that
occurs after 14 days following the date of receipt of the order
for or notice of withholding. In the case of a financial
institution, preauthorized transfers must occur in accordance
with a court-ordered payment schedule.
new text end

new text begin Subd. 2. new text end

new text begin Procedure. new text end

new text begin A payor of funds must withhold from
the income payable to the obligor the amount specified in the
order or notice of withholding and amounts specified under
sections 517C.58 and 517C.63 and must remit the amounts withheld
to the public authority within seven business days of the date
the obligor is paid the remainder of the income. The payor of
funds must include with the remittance the obligor's Social
Security number, the case type indicator as provided by the
public authority, and the date the obligor is paid the remainder
of the income. The obligor is considered to have paid the
amount withheld as of the date the obligor received the
remainder of the income. A payor of funds may combine all
amounts withheld from one pay period into one payment to each
public authority, but must separately identify each obligor
making payment.
new text end

new text begin Subd. 3. new text end

new text begin Retaliation prohibited. new text end

new text begin A payor of funds must
not discharge, or refuse to hire, or otherwise discipline an
employee as a result of wage or salary withholding authorized by
this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Updated orders. new text end

new text begin If more than one order for or
notice of withholding exists involving the same obligor and
child, the public authority must enforce the most recent order
or notice. An order for or notice of withholding that was
previously implemented according to this chapter ends as of the
date of the most recent order. The public authority must notify
the payor of funds to withhold under the most recent withholding
order or notice.
new text end

new text begin Subd. 5. new text end

new text begin Notification of termination. new text end

new text begin When an order for
or notice of withholding is in effect and the obligor's
employment is terminated, the obligor and the payor of funds
must notify the public authority of the termination within ten
days of the termination date. The termination notice must
include the obligor's home address and the name and address of
the obligor's new payor of funds, if known.
new text end

new text begin Subd. 6. new text end

new text begin Expenses. new text end

new text begin A payor of funds may deduct $1 from
the obligor's remaining salary for each payment made pursuant to
an order for or notice of withholding under this chapter to
cover the expenses of withholding.
new text end

Sec. 44.

new text begin [517C.55] LUMP-SUM PAYMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin (a) This section applies to
lump-sum payments of $500 or more including, but not limited to,
severance pay, accumulated sick pay, vacation pay, bonuses,
commissions, or other pay or benefits.
new text end

new text begin (b) The Consumer Credit Protection Act, United States Code,
title 15, section 1673(b), does not apply to lump-sum payments.
new text end

new text begin Subd. 2. new text end

new text begin Payor of funds responsibilities. new text end

new text begin Before
transmitting a lump-sum payment to an obligor, a payor of funds
who has been served with an order for or notice of income
withholding under this chapter or a sworn affidavit of arrears
from the public authority must:
new text end

new text begin (1) notify the public authority of the lump-sum payment
that is to be paid to the obligor; and
new text end

new text begin (2) hold the lump-sum payment for 30 days after the date
the lump-sum payment would otherwise have been paid to the
obligor, notwithstanding sections 176.221, 176.225, 176.521,
181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota
Rules, part 1415.2000, subpart 10.
new text end

new text begin Subd. 3. new text end

new text begin Public authority options. new text end

new text begin (a) The public
authority may direct the payor of funds to pay the lump-sum
payment, up to the amount of judgments or arrears, to the public
authority if:
new text end

new text begin (1) the public authority serves by mail a sworn affidavit
of arrears from the public authority or a court order upon the
payor of funds;
new text end

new text begin (2) a judgment entered pursuant to section 548.09 or
548.091, subdivision 1a, exists against the obligor, or other
support arrears exist; and
new text end

new text begin (3) a portion of the judgment or arrears remains unpaid.
new text end

new text begin (b) If no judgment or arrears exist, the public authority
may seek a court order directing the payor of funds to transmit
all or a portion of the lump-sum payment to the public authority
for future support. To obtain a court order under this
paragraph, the public authority must show an obligor's past
willful nonpayment of support.
new text end

Sec. 45.

new text begin [517C.56] PAYOR OF FUNDS LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Liability to obligee. new text end

new text begin A payor of funds is
liable to the obligee for amounts required to be withheld. A
payor of funds that fails to withhold or transfer funds in
accordance with this chapter is liable to the obligee for
interest on the funds at the rate applicable to judgments under
section 549.09, computed from the date the funds were required
to be withheld or transferred. A payor of funds is liable for
reasonable attorney fees of the obligee or public authority
incurred in enforcing the liability under this subdivision. A
payor of funds that has failed to comply with the requirements
of sections 517C.51 to 517C.62 is subject to contempt sanctions
under section 517C.57. If the payor of funds is an employer or
independent contractor and violates this subdivision, a court
may award the obligor twice the wages lost as a result of this
violation. If a court finds a payor of funds violated this
subdivision, the court must impose a civil fine of not less than
$500. The liabilities under this subdivision apply to
intentional noncompliance by a payor of funds with the
requirements of sections 517C.51 to 517C.62.
new text end

new text begin Subd. 2. new text end

new text begin Nonliability for compliance. new text end

new text begin A payor of funds
is not subject to civil liability to any individual or agency
for taking action in compliance with an income withholding order
or notice of withholding that appears regular on its face
according to this chapter or chapter 518C.
new text end

Sec. 46.

new text begin [517C.57] EMPLOYER CONTEMPT.
new text end

new text begin Subdivision 1. new text end

new text begin Orders binding. new text end

new text begin Notices or orders for
income withholding or medical support issued pursuant to this
chapter are binding on the employer, trustee, or other payor of
funds after the order or notice has been transmitted to the
employer, trustee, or payor of funds.
new text end

new text begin Subd. 2. new text end

new text begin Contempt action. new text end

new text begin (a) An obligee or the public
authority may initiate a contempt action against an employer,
trustee, or payor of funds, within the action that created the
support obligation by serving an order to show cause upon the
employer, trustee, or payor of funds.
new text end

new text begin (b) The employer, trustee, or payor of funds is presumed to
be in contempt:
new text end

new text begin (1) if the employer, trustee, or payor of funds has
intentionally failed to withhold support after receiving the
order or notice for income withholding or notice of enforcement
of medical support; or
new text end

new text begin (2) upon presentation of pay stubs or similar documentation
showing that the employer, trustee, or payor of funds withheld
support and demonstrating that the employer, trustee, or payor
of funds intentionally failed to remit support to the public
authority.
new text end

new text begin Subd. 3. new text end

new text begin Liability; sanctions. new text end

new text begin The employer, trustee, or
payor of funds is liable to the obligee or the public authority
for amounts required to be withheld that were not paid. The
court may enter judgment against the employer, trustee, or payor
of funds for support not withheld or remitted. An employer,
trustee, or payor of funds found guilty of contempt must be
punished by a fine of not more than $250 as provided in chapter
588. The court may also impose other contempt sanctions
authorized under chapter 588.
new text end

Sec. 47.

new text begin [517C.58] PRIORITY OF INCOME WITHHOLDING ORDERS;
MAXIMUM WITHHOLDING.
new text end

new text begin Subdivision 1. new text end

new text begin Priority. new text end

new text begin An order for or notice of
withholding under this chapter or execution or garnishment upon
a judgment for child support arrears or preadjudicated expenses
has priority over an attachment, execution, garnishment, or wage
assignment and is not subject to the statutory limitations on
amounts levied against the income of the obligor. Amounts
withheld from an employee's income must not exceed the maximum
permitted under the Consumer Credit Protection Act, United
States Code, title 15, section 1673(b).
new text end

new text begin Subd. 2. new text end

new text begin Multiple orders. new text end

new text begin If a single employee is
subject to multiple withholding orders or multiple notices of
withholding for the support of more than one child, the payor of
funds must comply with all of the orders or notices to the
extent that the total amount withheld from the obligor's income
does not exceed the limits imposed under the Consumer Credit
Protection Act, United States Code, title 15, section 1673(b),
giving priority to amounts designated in each order or notice as
current support as follows:
new text end

new text begin (1) if the total of the amounts designated in the orders
for or notices of withholding as current support exceeds the
amount available for income withholding, the payor of funds must
allocate to each order or notice an amount for current support
equal to the amount designated in that order or notice as
current support, divided by the total of the amounts designated
in the orders or notices as current support, multiplied by the
amount of the income available for income withholding; and
new text end

new text begin (2) if the total of the amounts designated in the orders
for or notices of withholding as current support does not exceed
the amount available for income withholding, the payor of funds
must pay the amounts designated as current support, and must
allocate to each order or notice an amount for past due support,
equal to the amount designated in that order or notice as past
due support, divided by the total of the amounts designated in
the orders or notices as past due support, multiplied by the
amount of income remaining available for income withholding
after the payment of current support.
new text end

Sec. 48.

new text begin [517C.59] SUBSEQUENT INCOME WITHHOLDING.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to
support orders that do not contain provisions for income
withholding.
new text end

new text begin Subd. 2. new text end

new text begin Public authority provides child support
enforcement services. new text end

new text begin If the public authority provides child
support enforcement services to the parties, income withholding
under this section takes effect without prior judicial notice to
the obligor and without the need for judicial or administrative
hearing. Withholding must be initiated when:
new text end

new text begin (1) the obligor requests it in writing to the public
authority;
new text end

new text begin (2) the obligee or obligor serves on the public authority a
copy of the notice of income withholding, a copy of the court's
order, an application, and the fee to use the public authority's
collection services; or
new text end

new text begin (3) the public authority commences withholding under
section 517C.43.
new text end

new text begin Subd. 3. new text end

new text begin Public authority does not provide child support
enforcement services. new text end

new text begin If the public authority does not provide
child support enforcement services to the parties, income
withholding under this section must be initiated when an obligee
requests it by making a written motion to the court and the
court finds that previous support has not been paid on a timely,
consistent basis or that the obligor has threatened expressly or
otherwise to stop or reduce payments.
new text end

new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin Within two days after the public
authority commences withholding under this section, the public
authority must send to the obligor at the obligor's last known
address, notice that withholding has commenced. The notice must
include the information provided to the payor of funds in the
notice of withholding.
new text end

new text begin Subd. 5. new text end

new text begin Contest. new text end

new text begin (a) The obligor may contest
withholding under this section on the limited grounds that the
withholding or the amount withheld is improper due to mistake of
fact. An obligor who chooses to contest the withholding must do
so no later than 15 days after the employer commences
withholding, by bringing a proper motion under section 484.702
and the expedited child support process rules.
new text end

new text begin (b) The income withholding must remain in place while the
obligor contests the withholding.
new text end

new text begin (c) If the court finds a mistake in the amount of the
arrears to be withheld, the court must continue the income
withholding, but it must correct the amount of the arrears to be
withheld.
new text end

Sec. 49.

new text begin [517C.60] INCOME WITHHOLDING; ARREARS ORDER.
new text end

new text begin (a) In addition to ordering income withholding for current
support, the court may order the payor of funds to withhold
amounts to satisfy the obligor's previous arrears in support
order payments. Use of this remedy does not exclude the use of
other remedies to enforce judgments. The employer or payor of
funds must withhold from the obligor's income an additional
amount equal to 20 percent of the monthly child support
obligation until the arrears are paid.
new text end

new text begin (b) Notwithstanding any law to the contrary, funds from
income sources included in section 517C.12, subdivision 1,
whether periodic or lump sum, are not exempt from attachment or
execution upon a judgment for child support arrears.
new text end

new text begin (c) Absent an order to the contrary, if arrears exist at
the time a support order would otherwise terminate, income
withholding continues in effect or may be implemented in an
amount equal to the support order plus an additional 20 percent
of the monthly child support obligation, until all arrears have
been paid in full.
new text end

Sec. 50.

new text begin [517C.61] INTERSTATE INCOME WITHHOLDING.
new text end

new text begin (a) Upon receipt of an order for support entered in another
state and the specified documentation from an authorized agency,
the public authority must implement income withholding. A payor
of funds in this state must withhold income under court orders
for withholding issued by other states or territories.
new text end

new text begin (b) An employer receiving an income withholding notice from
another state must withhold and distribute the funds as directed
in the withholding notice and must apply the law of the
obligor's principal place of employment when determining:
new text end

new text begin (1) the employer's fee for processing an income withholding
notice;
new text end

new text begin (2) the maximum amount permitted to be withheld from the
obligor's income; and
new text end

new text begin (3) deadlines for implementing and forwarding the child
support payment.
new text end

new text begin (c) An obligor may contest withholding under this section
pursuant to section 518C.506.
new text end

Sec. 51.

new text begin [517C.62] ORDER TERMINATING INCOME WITHHOLDING.
new text end

new text begin Subdivision 1. new text end

new text begin General procedure. new text end

new text begin (a) An order
terminating income withholding must specify the effective date
of the order and reference the initial order or decree that
establishes the support obligation. A court must enter an order
terminating income withholding if:
new text end

new text begin (1) the obligor serves written notice of the application
for termination of income withholding by mail upon the obligee
at the obligee's last known mailing address, and serves a
duplicate copy of the application on the public authority;
new text end

new text begin (2) the application for termination of income withholding
specifies the event that terminates the support obligation, the
effective date of the termination of the support obligation, and
the applicable provisions of the order or decree that
established the support obligation; and
new text end

new text begin (3) the application includes the complete name of the
obligor's payor of funds, the business mailing address, the
court action and court file number, and the support and
collections file number, if known.
new text end

new text begin (b) The obligee or the public authority may request a
contested hearing on the issue of whether income withholding
should continue. The request must be made within 20 days of
receiving an application for termination of income withholding.
The request must clearly specify the basis for continuing income
withholding. The obligee or public authority may make an ex
parte motion to stay the service of an order terminating income
withholding upon the obligor's payor of funds pending the
outcome of the contested hearing.
new text end

new text begin Subd. 2. new text end

new text begin Termination by public authority. new text end

new text begin (a) If the
public authority determines that income withholding is no longer
applicable, the public authority must notify the obligee and the
obligor of intent to terminate income withholding.
new text end

new text begin (b) Five days after notification to the obligee and
obligor, the public authority must issue a notice to the payor
of funds terminating income withholding. A court order is not
required unless the obligee has requested an expedited child
support hearing under section 484.702.
new text end

Sec. 52.

new text begin [517C.63] CHILD SUPPORT DEPOSIT ACCOUNT;
FINANCIAL INSTITUTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin If income withholding is
ineffective due to the obligor's method of obtaining income, the
court must order the obligor to identify a child support deposit
account owned solely by the obligor, or to establish an account
in a financial institution located in this state for the purpose
of depositing court-ordered child support payments. The court
must order the obligor to execute an agreement with the
appropriate public authority for preauthorized transfers from
the obligor's child support account payable to an account of the
public authority. The court must order the obligor to disclose
to the court all deposit accounts owned by the obligor in whole
or in part in any financial institution. The court may order
the obligor to disclose to the court the opening or closing of
any deposit account owned in whole or in part by the obligor
within 30 days of the opening or closing. The court may order
the obligor to execute an agreement with the appropriate public
authority for preauthorized transfers from any deposit account
owned in whole or in part by the obligor to the obligor's child
support deposit account if necessary to satisfy court-ordered
child support payments. The court may order a financial
institution to disclose to the court the account number and any
other information regarding accounts owned in whole or in part
by the obligor. An obligor who fails to comply with this
subdivision, fails to deposit funds in at least one deposit
account sufficient to pay court-ordered child support, or stops
payment or revokes authorization of a preauthorized transfer is
subject to contempt of court procedures under chapter 588.
new text end

new text begin Subd. 2. new text end

new text begin Transfers. new text end

new text begin A financial institution must execute
preauthorized transfers for the obligor's deposit accounts in
the amount specified in the order and amounts required under
this section as directed by the public authority. A financial
institution is liable to the obligee if funds in any of the
obligor's deposit accounts identified in the court order equal
the amount stated in the preauthorization agreement but are not
transferred by the financial institution in accordance with the
agreement.
new text end

Sec. 53.

new text begin [517C.64] ESCROW ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Stay of service. new text end

new text begin (a) If the court finds
there is no arrearage in child support as of the date of the
court hearing, the court must stay service of the income
withholding order under sections 517C.51 to 517C.62 if the
obligor:
new text end

new text begin (1) establishes a savings account for a sum equal to two
months of the monthly child support obligation; and
new text end

new text begin (2) provides proof of establishing the savings account to
the court and the public authority on or before the day of the
court hearing determining the obligation.
new text end

new text begin (b) The obligor must hold the sum under paragraph (a) in a
financial institution in an interest-bearing account with only
the public authority authorized as drawer of funds. The
obligor's proof of establishing the account must include the
financial institution name and address, account number, and the
deposit amount.
new text end

new text begin Subd. 2. new text end

new text begin Release of stay. new text end

new text begin Within three working days of
receipt of notice of default, the public authority must direct
the financial institution to release to the public authority the
sum held under this section when the following conditions are
met:
new text end

new text begin (1) the obligor fails to pay the support amount to the
obligee or the public authority within ten days of the date it
is ordered to be paid;
new text end

new text begin (2) the obligee transmits a notice of default to the public
authority and makes application to the public authority for
child support and maintenance collection services. The obligee
must verify the notice and the notice must contain the title of
the action, the court file number, the obligee's full name and
address, the obligor's name and last known address, the
obligor's last known employer or other payor of funds, the date
of the first unpaid amount, the date of the last unpaid amount,
and the total amount unpaid; and
new text end

new text begin (3) within three working days of receipt of notice from the
obligee, the public authority sends a copy of the notice of
default and a notice of intent to implement income withholding
by mail to the obligor at the address given. The notice of
intent must state that the public authority will serve the order
establishing the child support or maintenance obligation on the
obligor's employer or payor of funds unless, within 15 days
after the mailing of the notice, the obligor requests a hearing
on the issue of whether payment was in default as of the date of
the notice of default. The obligor must serve notice of the
request for hearing on the public authority and the obligee.
new text end

new text begin Subd. 3. new text end

new text begin Duties of public authority. new text end

new text begin Within three
working days of receipt of sums released under subdivision 2,
the public authority shall remit to the obligee all amounts not
assigned under section 256.741 as current support or
maintenance. The public authority must also serve a copy of the
court's order and the provisions of this section and sections
517C.51 to 517C.62 on the obligor's employer or other payor of
funds unless, within 15 days after mailing of the notice of
intent to implement income withholding, the obligor makes a
proper motion pursuant to section 484.702 and the rules of the
expedited child support process. The public authority must
inform the employer or payor of funds pursuant to sections
517C.51 to 517C.62 of the effective date on which the next
support or maintenance payment is due. The withholding process
must begin on that date and must reflect the total credits of
principal and interest amounts received from the escrow account.
new text end

new text begin Subd. 4. new text end

new text begin Hearing. new text end

new text begin Within 30 days of the date of the
notice of default under subdivision 2, clause (2), the court
must hold a hearing if a motion is brought by the obligor as set
forth in subdivision 2. If the court finds that there was a
default, the court must order the immediate withholding of
support or maintenance from the obligor's income. If the court
finds that there was no default, the court must order either the
obligor or obligee to reestablish the escrow account and
continue the stay of income withholding.
new text end

new text begin Subd. 5. new text end

new text begin Termination of stay. new text end

new text begin When the obligation for
support of a child or for spousal maintenance ends under the
terms of the order or decree establishing the obligation and the
sum held under this section has not otherwise been released, the
public authority must release the sum and interest to the
obligor when the following conditions are met:
new text end

new text begin (1) the obligor transmits a notice of termination to the
public authority. The obligor must verify the notice and the
notice must contain the title of the action, the court file
number, the full name and address of the obligee, specify the
event that ends the support or maintenance obligation, the
effective date of the termination of support or maintenance
obligation, and the applicable provisions of the order or decree
that established the support or maintenance obligation;
new text end

new text begin (2) the public authority sends a copy of the notice of
termination to the obligee; and
new text end

new text begin (3) the obligee fails within 20 days after mailing of the
notice under clause (2) to request a hearing on the issue of
whether the support or maintenance obligation continues and
serve notice of the request for hearing on the obligor and the
public authority.
new text end

Sec. 54.

new text begin [517C.65] TRUSTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Appointment. new text end

new text begin Upon its own motion or upon
motion of either party, the court may appoint a trustee, when it
is deemed expedient, to receive money ordered to be paid as
child support for remittance to the person entitled to receive
the payments. The trustee may also receive property that is
part of an award for division of marital property. The trustee
must hold the property in trust to invest and pay over the
income in the manner the court directs, or to pay over the
principal sum in the proportions and at the times the court
orders. In all cases, the court must consider the situation and
circumstances of the recipient, and the children, if any. The
trustee must give a bond, as the court requires, for the
faithful performance of the trust. If it appears that the
recipient of money ordered to be paid as support will receive
public assistance, the court must appoint the public authority
as trustee.
new text end

new text begin Subd. 2. new text end

new text begin Records. new text end

new text begin The trustee must maintain records
listing the amount of payments, the date when payments are
required to be made, and the names and addresses of the parties
affected by the order.
new text end

new text begin Subd. 3. new text end

new text begin Communication. new text end

new text begin The parties affected by the
order must inform the trustee of a change of address or of other
conditions that may affect the administration of the order.
new text end

new text begin Subd. 4. new text end

new text begin Late payment. new text end

new text begin If a required support payment is
not made within ten days of the due date, the trustee must send
the obligor notice of the arrears by first class mail. If
payment of the sum due is not received by the trustee within ten
days after sending notice, the trustee must certify the amount
due to the public authority, whenever that authority is not the
trustee. If the public authority refers the arrears to the
county attorney, the county attorney may initiate enforcement
proceedings against the obligor for support.
new text end

Sec. 55.

new text begin [517C.66] OVERPAYMENTS.
new text end

new text begin If child support is not assigned under section 256.741, and
an obligor has overpaid a child support obligation because of a
modification or error in the amount owed, the public authority
must:
new text end

new text begin (1) apply the amount of the overpayment to reduce the
amount of child support arrears or debts owed to the obligee;
and
new text end

new text begin (2) if an overpayment exists after the reduction of arrears
or debt, reduce the amount of the child support remitted to the
obligee by an amount no greater than 20 percent of the current
monthly support obligation and remit this amount to the obligor
until the overpayment is reduced to zero.
new text end

Sec. 56.

new text begin [517C.67] ALTERNATE NOTICE OF COURT ORDER.
new text end

new text begin Whenever this chapter requires service of a court's order
on an employer, union, or payor of funds, service of a verified
notice of order may be made in lieu of the order. The verified
notice must contain the title of the action, the name of the
court, the court file number, the date of the court order, and
must recite the operative provisions of the order.
new text end

Sec. 57.

new text begin [517C.70] CHILD SUPPORT AND PARENTING TIME ARE
INDEPENDENT.
new text end

new text begin (a) Failure by a party to make support payments is not a
defense to:
new text end

new text begin (1) interference with parenting time; or
new text end

new text begin (2) removing a child from this state without the permission
of the court or the other parent.
new text end

new text begin (b) Interference with parenting time or taking a child from
this state without permission of the court or the other parent
is not a defense to nonpayment of support.
new text end

new text begin (c) If a party fails to make support payments, interferes
with parenting time, or removes a child from this state without
permission of the court or the other parent, the other party may
petition the court for an appropriate order.
new text end

Sec. 58.

new text begin [517C.71] PAYMENT AGREEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin An obligor who has
child support arrears may enter into a payment agreement that
addresses payment of both current and overdue support. Payment
agreements must:
new text end

new text begin (1) be in writing;
new text end

new text begin (2) address both current support and arrears; and
new text end

new text begin (3) be approved by the district court, a child support
magistrate, or the public authority.
new text end

new text begin Subd. 2. new text end

new text begin Considerations. new text end

new text begin In proposing or approving
proposed payment agreements for purposes of this chapter, the
district court, a child support magistrate, or the public
authority must take into consideration the amount of the
arrears, the amount of the current support order, any pending
request for modification, and the earnings of the obligor. The
district court, child support magistrate, or public authority
must consider the individual financial circumstances of each
obligor in evaluating the obligor's ability to pay a proposed
payment agreement and must propose a reasonable payment
agreement tailored to the individual financial circumstances of
each obligor. The district court, child support magistrate, or
public authority also must consider a graduated payment plan
tailored to the individual financial circumstances of each
obligor.
new text end

Sec. 59.

new text begin [517C.72] SEEK EMPLOYMENT ORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Court order. new text end

new text begin (a) When the public
authority is enforcing a support order, the public authority may
seek a court order requiring an obligor to seek employment if:
new text end

new text begin (1) the obligor's employment cannot be verified;
new text end

new text begin (2) the obligor has child support arrears amounting to at
least three times the obligor's total monthly support payments;
and
new text end

new text begin (3) the obligor is not in compliance with a payment
agreement.
new text end

new text begin (b) Upon proper notice to the obligor, the court may enter
a seek employment order if it finds that the obligor has not
provided proof of gainful employment and has not consented to an
order for income withholding or entered into a payment agreement.
new text end

new text begin Subd. 2. new text end

new text begin Contents of order. new text end

new text begin The order to seek employment
must:
new text end

new text begin (1) order that the obligor seek employment within a
determinate amount of time;
new text end

new text begin (2) order that the obligor file with the public authority a
weekly report of at least five new attempts to find employment
or of having found employment. The report must include the
names, addresses, and telephone numbers of the employers or
businesses with whom the obligor attempted to obtain employment
and the name of the individual contact at each employer or
business to whom the obligor made application for employment or
to whom an inquiry was directed;
new text end

new text begin (3) notify the obligor that failure to comply with the
order is evidence of a willful failure to pay support under
section 517C.74;
new text end

new text begin (4) order that the obligor provide the public authority
with verification of any reason for noncompliance with the
order; and
new text end

new text begin (5) specify the duration of the order, not to exceed three
months.
new text end

Sec. 60.

new text begin [517C.73] ORDER FOR COMMUNITY SERVICES.
new text end

new text begin If the court finds that the obligor earns $400 or less per
month and does not have the ability to provide support based on
the guidelines and factors in this chapter, the court may order
the obligor to perform community services to fulfill the
obligor's support obligation. In ordering community services
under this section, the court must consider whether the obligor
has the physical capability to perform community services, and
must order community services that are appropriate for the
obligor's abilities.
new text end

Sec. 61.

new text begin [517C.74] CONTEMPT PROCEEDINGS FOR NONPAYMENT OF
SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds. new text end

new text begin If a person against whom an
order or decree for support has been entered under this chapter,
chapter 256, or a comparable law from another jurisdiction has
child support arrears amounting to at least three times the
obligor's total monthly support obligation and is not in
compliance with a payment agreement, a court may cite and punish
a person for contempt under section 517C.25, subdivision 1,
chapter 588, or this section. An obligor's failure to comply
with a seek employment order entered under section 517C.72 is
evidence of willful failure to pay support.
new text end

new text begin Subd. 2. new text end

new text begin Court options. new text end

new text begin (a) If a court cites a person
for contempt under this section, and the obligor lives in a
county that contracts with the commissioner of human services
under section 256.997, the court may order the performance of
community service work up to 32 hours per week for six weeks for
each finding of contempt if the obligor:
new text end

new text begin (1) is able to work full time;
new text end

new text begin (2) works an average of less than 32 hours per week; and
new text end

new text begin (3) has actual weekly gross income averaging less than 40
times the federal minimum hourly wage under United States Code,
title 29, section 206(a)(1), or is voluntarily earning less than
the obligor has the ability to earn, as determined by the court.
new text end

new text begin (b) An obligor is presumed to be able to work full time.
The obligor has the burden of proving inability to work full
time.
new text end

new text begin Subd. 3. new text end

new text begin Release. new text end

new text begin A person ordered to do community
service work under subdivision 2 may, during the six-week
period, apply to the district court, a child support magistrate,
or the public authority to be released from the community
service work requirement if the person:
new text end

new text begin (1) provides proof to the district court, a child support
magistrate, or the public authority that the person is gainfully
employed and submits to an order for income withholding under
section 517C.52;
new text end

new text begin (2) enters into a payment agreement under section 517C.71;
or
new text end

new text begin (3) provides proof to the district court, a child support
magistrate, or the public authority that, after entry of the
order, the person's circumstances have so changed that the
person is no longer able to fulfill the terms of the community
service order.
new text end

new text begin Subd. 4. new text end

new text begin Continuing obligations. new text end

new text begin An obligor's
performance of community service work does not relieve the
obligor of a current support obligation or arrears.
new text end

Sec. 62.

new text begin [517C.745] SECURITY; SEQUESTRATION; CONTEMPT.
new text end

new text begin (a) In all cases when the court orders support payments,
the court may require sufficient security to be given for the
payment of them according to the terms of the order. Upon
neglect or refusal to give security, or upon failure to pay the
support, the court may sequester the obligor's personal estate
and the rents and profits of real estate of the obligor, and
appoint a receiver of them. The court may cause the personal
estate and the rents and profits of the real estate to be
applied according to the terms of the order.
new text end

new text begin (b) The obligor is presumed to have an income from a source
sufficient to pay the support order. A child support order
constitutes prima facie evidence that the obligor has the
ability to pay the award. If the obligor disobeys the order, it
is prima facie evidence of contempt. The court may cite the
obligor for contempt under this section, section 517C.74, or
chapter 588.
new text end

Sec. 63.

new text begin [517C.75] DRIVER'S LICENSE SUSPENSION.
new text end

new text begin Subdivision 1. new text end

new text begin Factors warranting suspension. new text end

new text begin An
obligor's driver's license must be suspended if the court finds
that the obligor has been or may be issued a driver's license by
the commissioner of public safety and if:
new text end

new text begin (1) the obligor has arrears amounting to at least three
times the obligor's total monthly support obligation and the
obligor is not in compliance with a payment agreement under
section 517C.71; or
new text end

new text begin (2) the obligor has failed, after receiving notice, to
comply with a subpoena relating to a paternity or child support
proceeding.
new text end

new text begin Subd. 2. new text end

new text begin Initiated by obligee. new text end

new text begin (a) An obligee may bring
a motion to suspend an obligor's driver's license. The obligee
must properly serve the motion on the obligor pursuant to court
rules and file the motion with the court. An obligee may not
bring a motion under this subdivision within 12 months of a
denial of a previous motion under this subdivision.
new text end

new text begin (b) At the hearing, if the court finds that a factor under
subdivision 1 exists, the court must:
new text end

new text begin (1) order the commissioner of public safety to suspend the
obligor's driver's license; and
new text end

new text begin (2) stay the order for 90 days to allow the obligor the
opportunity to enter into a payment agreement under section
517C.71.
new text end

new text begin (c) If after 90 days the obligor has not entered into or is
not in compliance with a payment agreement under section
517C.71, the court's order becomes effective and the
commissioner of public safety must suspend the obligor's
driver's license.
new text end

new text begin Subd. 3. new text end

new text begin Initiated by public authority. new text end

new text begin (a) If the
public authority determines that a factor in subdivision 1
exists, the public authority must initiate the suspension of the
obligor's driver's license.
new text end

new text begin (b) The public authority must mail a written notice to the
obligor at the obligor's last known address indicating that:
new text end

new text begin (1) the public authority intends to seek suspension of the
obligor's driver's license; and
new text end

new text begin (2) the obligor must make a written request for a hearing
to contest the driver's license suspension within 30 days of the
date of the notice.
new text end

new text begin (c) If the obligor requests a hearing within 30 days of the
date of the notice, a court hearing must be held. At least 14
days before the hearing, the public authority must serve notice
on the obligor personally or by mail at the obligor's last known
address of the following:
new text end

new text begin (1) the hearing time and place;
new text end

new text begin (2) the allegations against the obligor; and
new text end

new text begin (3) a statement informing the obligor of the requirement to
enter into a payment agreement under section 517C.71 to avoid
license suspension.
new text end

new text begin (d) If a hearing is held and the court finds a factor under
subdivision 1 exists, the court must order the commissioner of
public safety to suspend the obligor's driver's license.
new text end

new text begin (e) If the obligor does not request a hearing within 30
days of the date of the notice and has not executed a written
payment agreement under section 517C.71 that is approved by the
public authority within 90 days of the date of the notice, the
public authority must direct the commissioner of public safety
to suspend the obligor's driver's license.
new text end

new text begin Subd. 4. new text end

new text begin Suspension for failure to comply with a
subpoena. new text end

new text begin (a) A court, child support magistrate, or the public
authority may direct the commissioner of public safety to
suspend an obligor's driver's license if the obligor has failed,
after receiving notice, to comply with a subpoena relating to a
paternity or child support proceeding.
new text end

new text begin (b) The notice to an obligor of intent to suspend a
driver's license must be served by first class mail at the
obligor's last known address. The notice must inform the
obligor of the right to make a written request for a hearing.
new text end

new text begin (c) If the obligor makes a written request within ten days
of the date of the notice, a hearing must be held. At the
hearing, the only issues to be considered are mistake of fact
and whether the obligor received the subpoena.
new text end

new text begin Subd. 5. new text end

new text begin Suspension for failure to remain in compliance
with a payment agreement. new text end

new text begin The license of an obligor who fails
to remain in compliance with a payment agreement under section
517C.71 may be suspended. A party or the public authority must
serve notice upon the obligor of intent to suspend under this
subdivision. The party or public authority must serve the
notice upon the obligor by first class mail at the obligor's
last known address not less than ten days before the hearing
date. The notice must include a notice of hearing. If the
obligor appears at the hearing and the judge determines that the
obligor has failed to comply with a payment agreement under
section 517C.71, the judge must notify the Department of Public
Safety to suspend the obligor's driver's license. If the
obligor fails to appear at the hearing, the public authority may
notify the Department of Public Safety to suspend the obligor's
driver's license.
new text end

new text begin Subd. 6. new text end

new text begin Reinstatement. new text end

new text begin (a) An obligor whose driver's
license or operating privileges are suspended may:
new text end

new text begin (1) provide proof to the public authority that the obligor
is in compliance with all payment agreements under section
517C.71;
new text end

new text begin (2) bring a motion for reinstatement of the driver's
license. At the hearing, the district court or child support
magistrate must establish a payment agreement under section
517C.71 if the district court or child support magistrate orders
reinstatement of the driver's license; or
new text end

new text begin (3) seek a limited license under section 171.30. A limited
license issued to an obligor under section 171.30 expires 90
days after the date it is issued.
new text end

new text begin (b) Within 15 days of the receipt of the proof under
paragraph (a), clause (1), or a court order, the public
authority must inform the commissioner of public safety that the
obligor's driver's license or operating privileges should no
longer be suspended.
new text end

new text begin Subd. 7. new text end

new text begin Remedies available. new text end

new text begin The remedy under this
section is in addition to any other enforcement remedy available
to the court or public authority.
new text end

new text begin Subd. 8. new text end

new text begin Report to legislature. new text end

new text begin On January 15, 2007, and
every two years after that, the commissioner of human services
must submit a report to the legislature that identifies the
following information relevant to the implementation of this
section:
new text end

new text begin (1) the number of child support obligors notified of an
intent to suspend a driver's license;
new text end

new text begin (2) the amount collected in payments from the child support
obligors notified of an intent to suspend a driver's license;
new text end

new text begin (3) the number of cases paid in full and payment agreements
executed in response to notification of an intent to suspend a
driver's license;
new text end

new text begin (4) the number of cases in which there has been
notification and no payments or payment agreements;
new text end

new text begin (5) the number of driver's licenses suspended;
new text end

new text begin (6) the cost of implementation and operation of the
requirements of this section; and
new text end

new text begin (7) the number of limited licenses issued and number of
cases in which payment agreements are executed and cases are
paid in full following issuance of a limited license.
new text end

Sec. 64.

new text begin [517C.76] OCCUPATIONAL LICENSE SUSPENSION.
new text end

new text begin Subdivision 1. new text end

new text begin Factors warranting suspension. new text end

new text begin An
obligor's occupational license must be suspended if the court
finds that the obligor is or may be licensed by a licensing
board listed in section 214.01 or other state, county, or
municipal agency or board that issues an occupational license
and if:
new text end

new text begin (1) the obligor has arrears amounting to at least three
times the obligor's total monthly support obligation and the
obligor is not in compliance with a payment agreement under
section 517C.71; or
new text end

new text begin (2) the obligor has failed, after receiving notice, to
comply with a subpoena relating to a paternity or child support
proceeding.
new text end

new text begin Subd. 2. new text end

new text begin Initiated by obligee. new text end

new text begin (a) An obligee may bring
a motion to suspend an obligor's occupational license. The
obligee must properly serve the motion on the obligor pursuant
to court rules and file the motion with the court.
new text end

new text begin (b) At the hearing, if the court finds that a factor under
subdivision 1 exists, the court must:
new text end

new text begin (1) order the licensing board or agency to suspend the
obligor's occupational license under section 214.101; and
new text end

new text begin (2) stay the order for 90 days to allow the obligor the
opportunity to enter into a payment agreement under section
517C.71.
new text end

new text begin (c) If after 90 days the obligor has not entered into or is
not in compliance with a payment agreement under section
517C.71, the court order becomes effective and the licensing
board or agency must suspend the obligor's occupational license.
new text end

new text begin (d) If the obligor is a licensed attorney, the court must
comply with the procedure under subdivision 4 for notifying the
Lawyers Professional Responsibility Board.
new text end

new text begin Subd. 3. new text end

new text begin Initiated by public authority. new text end

new text begin (a) If the
public authority determines that a factor in subdivision 1
exists, the public authority must initiate the suspension of the
obligor's occupational license.
new text end

new text begin (b) The public authority must mail a written notice to the
obligor at the obligor's last known address indicating that:
new text end

new text begin (1) the public authority intends to seek suspension of the
obligor's occupational license; and
new text end

new text begin (2) the obligor must make a written request for a hearing
to contest the occupational license suspension within 30 days of
the date of the notice.
new text end

new text begin (c) If the obligor requests a hearing within 30 days of the
date of the notice, a court hearing must be held. At least 14
days before the hearing, the public authority must serve notice
on the obligor personally or by mail at the obligor's last known
address of the following:
new text end

new text begin (1) the hearing time and place;
new text end

new text begin (2) the allegations against the obligor; and
new text end

new text begin (3) a statement informing the obligor of the requirement to
enter into a payment agreement under section 517C.71 to avoid
license suspension.
new text end

new text begin (d) If a hearing is held and the court finds a factor
warranting suspension under subdivision 1 exists, the court must
order the occupational licensing board or agency to suspend the
obligor's occupational license.
new text end

new text begin (e) If the obligor does not request a hearing within 30
days of the date of the notice and has not executed a written
payment agreement under section 517C.71 that is approved by the
public authority within 90 days of the date of the notice, the
public authority must direct the occupational licensing board or
agency to suspend the obligor's occupational license.
new text end

new text begin (f) If the obligor is a licensed attorney, the court or
public authority must comply with the procedure under
subdivision 4 for notifying the Lawyers Professional
Responsibility Board.
new text end

new text begin Subd. 4. new text end

new text begin Obligor is licensed attorney. new text end

new text begin If an obligor is
a licensed attorney and the court finds that a factor warranting
suspension under subdivision 1 exists, the court or public
authority must notify the Lawyers Professional Responsibility
Board for appropriate action in accordance with the rules of
professional conduct or order the licensing board or agency to
suspend the obligor's license if the court finds that the
obligor:
new text end

new text begin (1) is licensed by a licensing board or other state agency
that issues an occupational license;
new text end

new text begin (2) has not made full payment of arrears found to be due by
the public authority; and
new text end

new text begin (3) has not executed or is not in compliance with a payment
agreement.
new text end

new text begin Subd. 5. new text end

new text begin Failure to comply with subpoena. new text end

new text begin (a) A court,
child support magistrate, or the public authority may direct the
occupational licensing board or agency to suspend an obligor's
occupational license if the obligor has failed, after receiving
notice, to comply with a subpoena relating to a paternity or
child support proceeding.
new text end

new text begin (b) The notice to an obligor of intent to suspend an
occupational license must be served by first class mail at the
obligor's last known address. The notice must inform the
obligor of the right to make a written request for a hearing.
new text end

new text begin (c) If the obligor makes a written request within ten days
of the date of the notice, a hearing must be held. At the
hearing, the only issues to be considered are mistake of fact
and whether the obligor received the subpoena.
new text end

new text begin Subd. 6. new text end

new text begin Failure to remain in compliance with approved
payment agreement. new text end

new text begin The license of an obligor who fails to
remain in compliance with a payment agreement under section
517C.71 may be suspended. A party must serve notice upon the
obligor of an intent to suspend under this subdivision. A party
must serve the notice by first class mail at the obligor's last
known address not less than ten days before the date of the
hearing. The notice must include a notice of hearing. If the
obligor appears at the hearing and the judge determines that the
obligor has failed to comply with a payment agreement under
section 517C.71, the judge must notify the licensing board or
agency to suspend the obligor's license. If the obligor fails
to appear at the hearing, the public authority may notify the
licensing board or agency to suspend the obligor's license.
new text end

new text begin Subd. 7. new text end

new text begin Reinstatement. new text end

new text begin An obligor whose occupational
license is suspended may provide proof to the public authority
that the obligor is in compliance with all payment agreements
under section 517C.71. Within 15 days of the receipt of that
proof, the public authority must inform the licensing board or
agency or the Lawyers Professional Responsibility Board that the
obligor is no longer ineligible for license issuance,
reinstatement, or renewal under this section.
new text end

new text begin Subd. 8. new text end

new text begin Remedies available. new text end

new text begin The remedy under this
section is in addition to any other enforcement remedy available
to the court or public authority.
new text end

Sec. 65.

new text begin [517C.77] DATA ON SUSPENSIONS FOR SUPPORT
ARREARS.
new text end

new text begin Notwithstanding section 13.03, subdivision 4, paragraph
(c), data on an occupational license suspension under section
517C.76 or a driver's license suspension under section 517C.75,
that are transferred by the Department of Human Services to the
Department of Public Safety or a state, county, or municipal
occupational licensing agency respectively must have the same
classification at the Department of Public Safety or other
receiving agency under section 13.02 as other license suspension
data held by the receiving agency. The transfer of the data
does not affect the classification of the data in the hands of
the Department of Human Services.
new text end

Sec. 66.

new text begin [517C.78] RECREATIONAL LICENSE SUSPENSION.
new text end

new text begin Subdivision 1. new text end

new text begin Motion; factors. new text end

new text begin (a) An obligee or the
public authority may bring a motion to suspend the recreational
license or licenses of an obligor. An obligee or the public
authority must serve the motion on the obligor in person or by
first class mail at the obligor's last known address. There
must be an opportunity for a hearing. The court may direct the
commissioner of natural resources to suspend or bar receipt of
the obligor's recreational license or licenses if it finds that:
new text end

new text begin (1) the obligor has child support arrears amounting to at
least six times the obligor's total monthly support payments and
the obligor is not in compliance with a payment agreement under
section 517C.71; or
new text end

new text begin (2) the obligor has failed, after receiving notice, to
comply with a subpoena relating to a paternity or child support
proceeding.
new text end

new text begin (b) Before utilizing this section, the court must find that
other substantial enforcement mechanisms have been attempted but
have not resulted in compliance.
new text end

new text begin Subd. 2. new text end

new text begin Affected licenses. new text end

new text begin For purposes of this
section, a recreational license includes all licenses, permits,
and stamps issued centrally by the commissioner of natural
resources under sections 97B.301, 97B.401, 97B.501, 97B.515,
97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305.
new text end

new text begin Subd. 3. new text end

new text begin Reinstatement. new text end

new text begin An obligor whose recreational
license has been suspended or barred may provide proof to the
court that the obligor is in compliance with all payment
agreements under section 517C.71. Within 15 days of receipt of
that proof, the court must notify the commissioner of natural
resources that the obligor's recreational license or licenses
must no longer be suspended nor may receipt be barred.
new text end

Sec. 67.

new text begin [517C.79] MOTOR VEHICLE LIEN.
new text end

new text begin Subdivision 1. new text end

new text begin Factors warranting lien. new text end

new text begin A lien in the
name of the obligee or the state of Minnesota, as appropriate,
in accordance with section 168A.05, subdivision 8, must be
entered on any motor vehicle certificate of title subsequently
issued in the obligor's name if the obligor:
new text end

new text begin (1) is a debtor for a judgment debt resulting from child
support arrears in an amount at least three times the total
monthly support obligation; and
new text end

new text begin (2) is not in compliance with a payment agreement under
section 517C.71.
new text end

new text begin Subd. 2. new text end

new text begin Initiated by obligee. new text end

new text begin (a) An obligee may bring
a motion for the entry of a lien on any motor vehicle
certificate of title issued in the obligor's name. The obligee
must properly serve the motion on the obligor pursuant to court
rules and file the motion with the court.
new text end

new text begin (b) At the hearing, if the court finds that the factors
under subdivision 1 exist, the court must:
new text end

new text begin (1) order the commissioner of public safety to enter a lien
in the obligee's name or in the name of the state of Minnesota,
as appropriate under section 168A.05, subdivision 8, on any
motor vehicle certificate of title subsequently issued in the
obligor's name; and
new text end

new text begin (2) stay the order for 90 days to allow the obligor the
opportunity to enter into a payment agreement under section
517C.71.
new text end

new text begin (c) If after 90 days the obligor has not entered into or is
not in compliance with a payment agreement under section
517C.71, the court's order becomes effective and the
commissioner of public safety must enter the lien on any motor
vehicle certificate of title subsequently issued in the
obligor's name.
new text end

new text begin Subd. 3. new text end

new text begin Initiated by public authority. new text end

new text begin (a) If the
public authority determines that the factors in subdivision 1
exist, the public authority must direct the commissioner of
public safety to enter a lien in the name of the obligee or in
the name of the state of Minnesota, as appropriate, under
section 168A.05, subdivision 8, on any motor vehicle certificate
of title subsequently issued in the obligor's name.
new text end

new text begin (b) At least 90 days before directing the entry of a lien
under this section, the public authority must mail a written
notice to the obligor at the obligor's last known address
indicating that:
new text end

new text begin (1) the public authority intends to enter a lien on any
motor vehicle certificate of title subsequently issued in the
obligor's name; and
new text end

new text begin (2) the obligor must make a written request for a hearing
within 30 days of the date of the notice to contest the action.
new text end

new text begin (c) If the obligor makes a written request for a hearing
within 30 days of the date of the notice, a court hearing must
be held. At least 14 days before the hearing, the public
authority must serve the obligor personally or by mail at the
obligor's last known address with a notice including the hearing
time and place and the allegations against the obligor.
new text end

new text begin (d) If a hearing is held and the court finds the factors
under subdivision 1 exist, the court must order the commissioner
of public safety to enter the lien on any motor vehicle
certificate of title subsequently issued in the obligor's name.
new text end

new text begin (e) If the obligor does not make a written request for a
hearing within 30 days of the date of the notice and has not
entered into or is not in compliance with a payment agreement
under section 517C.71 approved by the public authority within 90
days of the date of the notice, the public authority must direct
the commissioner of public safety to enter the lien on any motor
vehicle certificate of title subsequently issued in the
obligor's name.
new text end

new text begin Subd. 4. new text end

new text begin Release. new text end

new text begin An obligor may provide proof to the
court or the public authority that the obligor is in compliance
with all written payment agreements under section 517C.71 or
that the motor vehicle's value is less than the exemption
provided under section 550.37. Within 15 days of the receipt of
that proof, the court or public authority must:
new text end

new text begin (1) execute a release of security interest under section
168A.20, subdivision 4, and mail or deliver the release to the
owner or other authorized person; or
new text end

new text begin (2) in instances where a lien has not yet been entered,
direct the commissioner of public safety not to enter a lien on
any motor vehicle certificate of title subsequently issued in
the obligor's name.
new text end

new text begin Subd. 5. new text end

new text begin Nonexempt value. new text end

new text begin A lien recorded against a
motor vehicle certificate of title under this section and
section 168A.05, subdivision 8, attaches only to the nonexempt
value of the motor vehicle as determined in accordance with
section 550.37. The value of a motor vehicle must be determined
in accordance with the retail value described in the National
Auto Dealers Association Official Used Car Guide, Midwest
Edition, for the current year, or in accordance with the
purchase price as defined in section 297B.01, subdivision 8.
new text end

new text begin Subd. 6. new text end

new text begin Remedies available. new text end

new text begin The remedy available under
this section is in addition to any other enforcement remedies
available to the court or public authority.
new text end

Sec. 68.

new text begin [517C.80] PUBLICATION OF NAMES OF DELINQUENT
CHILD SUPPORT OBLIGORS.
new text end

new text begin Subdivision 1. new text end

new text begin Making names public. new text end

new text begin At least once each
year, the commissioner of human services, in consultation with
the attorney general, may publish a list of the names and other
identifying information of no more than 25 persons who:
new text end

new text begin (1) are child support obligors;
new text end

new text begin (2) are at least $10,000 in arrears;
new text end

new text begin (3) are not in compliance with a payment agreement
regarding both current support and arrears approved by the
district court, a child support magistrate, or the public
authority;
new text end

new text begin (4) cannot currently be located by the public authority for
the purposes of enforcing a support order; and
new text end

new text begin (5) have not made a support payment except tax intercept
payments in the preceding 12 months.
new text end

new text begin Subd. 2. new text end

new text begin Identifying information. new text end

new text begin Identifying
information may include the obligor's name, last known address,
amount owed, date of birth, photograph, the number of children
for whom support is owed, and any additional information about
the obligor that would assist in identifying or locating the
obligor. The commissioner and attorney general may use posters,
media presentations, electronic technology, and other means that
the commissioner and attorney general determine are appropriate
for dissemination of the information, including publication on
the Internet. The commissioner and attorney general may make
any or all of the identifying information regarding these
persons public. Information regarding an obligor who meets the
criteria in this section will only be made public after that
person's selection by the commissioner and attorney general.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin (a) Before making the obligor's name
public, the Department of Human Services must send a notice to
the obligor's last known address stating the department's
intention to make public information on the obligor. The notice
must also provide an opportunity to have the obligor's name
removed from the list by paying the arrears or by entering into
an agreement to pay the arrears, or by providing information to
the public authority that there is good cause not to make the
information public. The notice must include the final date when
the payment or agreement can be accepted.
new text end

new text begin (b) The Department of Human Services must obtain the
obligee's written consent to make the obligor's name public.
new text end

new text begin Subd. 4. new text end

new text begin Names published in error. new text end

new text begin If the commissioner
makes a name public under subdivision 1 in error, the
commissioner must also offer to publish a printed retraction and
a public apology acknowledging that the name was made public in
error. If the person whose name was made public in error elects
the public retraction and apology, the retraction and apology
must appear in the same medium and the same format as the
original notice where the name was listed in error. In addition
to the right of a public retraction and apology, a person whose
name was made public in error has a civil action for damages
caused by the error.
new text end

Sec. 69.

new text begin [517C.81] COLLECTION; ARREARS.
new text end

new text begin Subdivision 1. new text end

new text begin Collection of arrears to continue after
child is emancipated. new text end

new text begin Remedies available for collecting and
enforcing support in this chapter and chapters 256, 257, and
518C also apply to cases in which a child for whom support is
owed is emancipated and the obligor owes past support or has
accumulated arrears as of the date of the youngest child's
emancipation. Child support arrears under this section include
arrears for child support, medical support, child care,
pregnancy and birth expenses, and unreimbursed medical expenses
as defined in section 517C.15.
new text end

new text begin Subd. 2. new text end

new text begin Retroactive application. new text end

new text begin This section applies
retroactively to support arrears that accrued on or before the
date of enactment and to all arrears accruing after the date of
enactment.
new text end

new text begin Subd. 3. new text end

new text begin Limitations. new text end

new text begin Past support or pregnancy and
confinement expenses ordered for which the obligor has specific
court-ordered terms for repayment may not be enforced using
drivers' and occupational or professional license suspension,
credit bureau reporting, and additional income withholding under
section 517C.60, unless the obligor fails to comply with the
terms of the court order for repayment.
new text end

new text begin Subd. 4. new text end

new text begin Payment of arrears. new text end

new text begin Absent a court order to the
contrary, if an arrearage exists at the time a support order
would otherwise terminate and section 517C.60 does not apply,
the obligor must repay the arrearage in an amount equal to the
current support order until all arrears have been paid in full.
new text end

new text begin Subd. 5. new text end

new text begin Payment agreement. new text end

new text begin If arrears exist according
to a support order which fails to establish a monthly support
obligation in a specific dollar amount, the public authority, if
it provides child support collection services, or the obligee
may establish a payment agreement. The payment agreement must
equal what the obligor would pay for current child support, plus
an additional 20 percent of the current child support
obligation, until all arrears are paid in full. If the obligor
fails to enter into or comply with a payment agreement, the
public authority, if it provides child support collection
services, or the obligee may file a motion in district court or
the expedited child support process, if section 484.702 applies,
for a court order establishing repayment terms.
new text end

Sec. 70.

new text begin [517C.82] COLLECTION; REVENUE RECAPTURE.
new text end

new text begin The public authority may submit debt under chapter 270A
only if the obligor is in arrears in court-ordered child support
or maintenance payments, or both, in an amount greater than the
obligor's total monthly support and maintenance payments or if
the debt has been entered and docketed as a judgment.
new text end

Sec. 71.

new text begin [517C.83] CASE REVIEWER.
new text end

new text begin The commissioner must make a case reviewer available to
obligors and obligees. The reviewer must be available to answer
questions concerning the collection process and to review the
collection activity taken. A reviewer who reasonably believes
that a particular action being taken is unreasonable or unfair
may make recommendations to the commissioner and the applicable
county in regard to the collection action.
new text end

Sec. 72.

new text begin [517C.84] ATTORNEY FEES; COLLECTION COSTS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin (a) A child support obligee is
entitled to recover from the obligor reasonable attorney fees
and other collection costs incurred to enforce a child support
judgment, as provided in this section if the child support
arrears are:
new text end

new text begin (1) at least $500;
new text end

new text begin (2) at least 90 days past due; and
new text end

new text begin (3) docketed as a judgment under sections 548.09 and
548.091.
new text end

new text begin (b) If the obligor pays in full the judgment rendered under
section 548.091 within 20 days of receipt of notice of entry of
judgment, the obligee is not entitled to recover attorney fees
or collection costs under this section.
new text end

new text begin Subd. 2. new text end

new text begin Enforcement. new text end

new text begin Attorney fees and collection costs
obtained under this section are considered child support and
entitled to the applicable remedies for child support collection
and enforcement.
new text end

new text begin Subd. 3. new text end

new text begin Notice to public authority. new text end

new text begin If the public
authority is a party to a case, an obligee must provide written
notice to the public authority within five days of:
new text end

new text begin (1) contracting with an attorney or collection entity to
enforce a child support judgment; or
new text end

new text begin (2) receipting payments received on a child support
judgment.
new text end

new text begin Subd. 4. new text end

new text begin Notice to obligor; hearing. new text end

new text begin (a) The obligee
must serve notice of the obligee's intent to recover attorney
fees and collection costs by certified or registered mail on the
obligor at the obligor's last known address. The notice must
itemize the attorney fees and collection costs being sought by
the obligee. It must inform the obligor that the fees and costs
will become an additional judgment for child support unless,
within 20 days of mailing of the notice, the obligor requests a
hearing:
new text end

new text begin (1) on the reasonableness of the fees and costs; or
new text end

new text begin (2) to contest the child support judgment on grounds
limited to mistake of fact.
new text end

new text begin (b) If the obligor requests a hearing, the only issues to
be determined by the court are:
new text end

new text begin (1) whether the attorney fees or collection costs were
reasonably incurred by the obligee for the enforcement of a
child support judgment against the obligor; or
new text end

new text begin (2) the validity of the child support judgment on grounds
limited to mistake of fact.
new text end

new text begin (c) The fees and costs may not exceed 30 percent of the
arrears. The court may modify the amount of attorney fees and
costs as appropriate and must enter judgment accordingly.
new text end

new text begin (d) If the obligor fails to request a hearing within 20
days of mailing of the notice under paragraph (a), the amount of
the attorney fees or collection costs requested by the obligee
in the notice automatically becomes an additional judgment for
child support.
new text end

new text begin Subd. 5. new text end

new text begin Forms. new text end

new text begin The state court administrator must
prepare and make available to the court and the parties forms
for use in providing for notice and requesting a hearing under
this section.
new text end

Sec. 73.

new text begin [517C.99] REQUIRED NOTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin Every court order or
judgment and decree that provides for child support, spousal
maintenance, custody, or parenting time must contain certain
notices as set out in subdivision 3. The information in the
notices must be concisely stated in plain language. The notices
must be in clearly legible print, but may not exceed two pages.
An order or judgment and decree without the notice remains
subject to all statutes. The court may waive all or part of the
notice required under subdivision 3 relating to parental rights
if it finds it is necessary to protect the welfare of a party or
child.
new text end

new text begin Subd. 2. new text end

new text begin Copies of laws and forms. new text end

new text begin The district court
administrator must make copies of the sections referred to in
subdivision 3 available at no charge and must provide forms to
request or contest attorney fees and collection costs under
section 517C.84, and cost-of-living increases under section
517C.31.
new text end

new text begin Subd. 3. new text end

new text begin Contents. new text end

new text begin The required notices must be
substantially as follows:
new text end new text begin "IMPORTANT NOTICE
new text end

new text begin 1. PAYMENTS TO PUBLIC AGENCY
new text end

new text begin According to Minnesota Statutes, section 517C.35, payments
ordered for maintenance and support must be paid to the
public agency responsible for child support enforcement as
long as the person entitled to receive the payments is
receiving or has applied for public assistance or has
applied for support and maintenance collection services.
MAIL PAYMENTS TO: __________________________
new text end

new text begin 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A
FELONY
new text end

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

new text begin 3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES
new text end

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

new text begin 4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME
new text end

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

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

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

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

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

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

new text begin (g) If the obligor is laid off from employment or receives
a pay reduction, support may be reduced, but only if the
obligor or public authority serves and files a motion to
reduce the support with the court. Any reduction will take
effect only if ordered by the court and may only relate
back to the time that the obligor files a motion. If the
obligor or public authority does not file a motion, the
support obligation will continue at the current level. The
court is not permitted to reduce support retroactively,
except as provided in Minnesota Statutes, section 517C.29.
new text end

new text begin (h) Reasonable parenting time guidelines are contained in
Appendix B, which is available from the court administrator.
new text end

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

new text begin 5. PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT
new text end

new text begin Unless otherwise provided by the court:
new text end

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

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

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

new text begin (d) Each party has the right of reasonable access and
telephone contact with the minor child.
new text end

new text begin 6. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE
new text end

new text begin Child support and/or spousal maintenance may be withheld
from income, with or without notice to the person obligated
to pay, when the conditions of Minnesota Statutes, sections
517C.51 to 517C.62, have been met. A copy of those
sections is available from any district court clerk.
new text end

new text begin 7. CHANGE OF ADDRESS OR RESIDENCE
new text end

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

new text begin 8. COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE
new text end

new text begin Child support and/or spousal maintenance may be adjusted
every two years based upon a change in the cost of living
(using Department of Labor Consumer Price Index ..........,
unless otherwise specified in this order) when the
conditions of Minnesota Statutes, section 517C.31, are met.
Cost-of-living increases are compounded. A copy of
Minnesota Statutes, section 517C.31, and forms necessary to
request or contest a cost-of-living increase are available
from any district court clerk.
new text end

new text begin 9. JUDGMENTS FOR UNPAID SUPPORT
new text end

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

new text begin 10. JUDGMENTS FOR UNPAID SPOUSAL MAINTENANCE
new text end

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

new text begin 11. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD
SUPPORT
new text end

new text begin A judgment for attorney fees and other collection costs
incurred in enforcing a child support order will be entered
against the person responsible to pay support when the
conditions of Minnesota Statutes, section 517C.84, are
met. A copy of Minnesota Statutes, section 517C.84, and
forms necessary to request or contest these attorney fees
and collection costs are available from any district court
clerk.
new text end

new text begin 12. PARENTING TIME EXPEDITOR PROCESS
new text end

new text begin On request of either party or on its own motion, the court
may appoint a parenting time expeditor to resolve parenting
time disputes under Minnesota Statutes, section 517B.26. A
copy of that section and a description of the expeditor
process is available from any district court clerk.
new text end

new text begin 13. PARENTING TIME REMEDIES AND PENALTIES
new text end

new text begin Remedies and penalties for the wrongful denial of parenting
time are available under Minnesota Statutes, section
517B.25, subdivision 7. These include compensatory
parenting time, civil penalties, bond requirements,
contempt, and reversal of custody. A copy of that
subdivision and forms for requesting relief are available
from any district court clerk."
new text end

Sec. 74. new text begin STUDY OF ECONOMIC IMPACT OF CHILD SUPPORT
GUIDELINES.
new text end

new text begin As part of the 2006 quadrennial review under Minnesota
Statutes, section 517C.15, subdivision 5, the commissioner of
human services shall request that the University of Minnesota or
another university in the Minnesota State Colleges and
Universities system conduct an analysis of the child support
guidelines contained in this act to evaluate:
new text end

new text begin (1) whether the guidelines fairly represent the cost of
raising children for the respective parental income levels,
excluding medical support, child care, and education costs;
new text end

new text begin (2) whether the standards for medical support and child
care costs fairly apportion those costs between the parents,
after consideration of the respective tax benefits; and
new text end

new text begin (3) whether the guidelines fairly reflect each parent's
ability to provide for basic housing needs.
new text end

new text begin In performing this economic analysis, the university shall
utilize the per capita cost approach, except that costs for
housing must utilize the marginal cost approach, comparing the
typical housing cost for two-parent intact families.
new text end

Sec. 75. new text begin APPROPRIATIONS.
new text end

new text begin $....... in fiscal year 2006 and $....... in fiscal year
2007 are appropriated from the general fund to the commissioner
of human services to fund implementation of the Minnesota Child
Support Act and to reimburse counties for their implementation
costs. The commissioner of human services shall devise an
equitable system to reimburse counties for their costs of
implementing the Minnesota Child Support Act. The appropriation
base in fiscal year 2007 for grants to counties is $........
new text end

new text begin $....... is appropriated in fiscal year 2006 from the
general fund to the Supreme Court administrator to fund
implementation of the Minnesota Child Support Act. This is a
onetime appropriation.
new text end

Sec. 76. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes must correct internal
cross-references to sections that are now in Minnesota Statutes,
chapter 517C, throughout Minnesota Statutes and Minnesota Rules.
new text end

new text begin (b) If a provision of a section of Minnesota Statutes
amended by this act is amended by the 2005 regular legislative
session or 2005 special legislative session, if any, the revisor
shall codify the amendment consistent with the recodification of
the affected section by this act, notwithstanding any law to the
contrary. In sections affected by this instruction, the revisor
may make changes necessary to correct the punctuation, grammar,
or structure of the remaining text and preserve its meaning.
new text end

Sec. 77. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 518.111; 518.171;
518.255; 518.54, subdivisions 2, 4a, 13, and 14; 518.551;
518.5513; 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852;
518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617;
518.618; 518.6195; 518.6196; and 518.68, are repealed.
new text end

Sec. 78. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective January 1, 2006.
new text end