SF 630

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil law; reforming law relating to child 
  1.3             support; establishing criteria for support 
  1.4             obligations; defining parents' rights and 
  1.5             responsibilities; appropriating money; amending 
  1.6             Minnesota Statutes 2004, sections 518.005, by adding a 
  1.7             subdivision; 518.54, subdivisions 7, 8; 518.55, 
  1.8             subdivision 4; 518.551, subdivisions 5, 5b; 518.62; 
  1.9             518.64, subdivision 2, by adding subdivisions; 518.68, 
  1.10            subdivision 2; proposing coding for new law in 
  1.11            Minnesota Statutes, chapter 518; repealing Minnesota 
  1.12            Statutes 2004, sections 518.171; 518.54, subdivisions 
  1.13            2, 4, 4a; 518.551, subdivisions 1, 5a, 5c, 5f. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2004, section 518.005, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 6.  [FILING FEE.] The initial pleading filed in all 
  1.18  proceedings for dissolution of marriage, legal separation, or 
  1.19  annulment or proceedings to establish child support obligations 
  1.20  shall be accompanied by a filing fee of $......  The fee is in 
  1.21  addition to any other prescribed by law or rule. 
  1.22     Sec. 2.  Minnesota Statutes 2004, section 518.54, 
  1.23  subdivision 7, is amended to read: 
  1.24     Subd. 7.  [OBLIGEE.] "Obligee" means a person to whom 
  1.25  payments for maintenance or support are owed.  
  1.26     Sec. 3.  Minnesota Statutes 2004, section 518.54, 
  1.27  subdivision 8, is amended to read: 
  1.28     Subd. 8.  [OBLIGOR.] "Obligor" means a person obligated 
  1.29  ordered to pay maintenance or child support.  A person who is 
  2.1   designated as the sole physical custodian of a child is presumed 
  2.2   not to be an obligor for purposes of calculating current support 
  2.3   under section 518.551 unless the court makes specific written 
  2.4   findings to overcome this presumption.  For purposes of ordering 
  2.5   medical support under section 518.719, a custodial parent may be 
  2.6   an obligor subject to a cost-of-living adjustment under section 
  2.7   518.641 and a payment agreement under section 518.553. 
  2.8      Sec. 4.  Minnesota Statutes 2004, section 518.55, 
  2.9   subdivision 4, is amended to read: 
  2.10     Subd. 4.  [DETERMINATION OF CONTROLLING ORDER.] The public 
  2.11  authority or a party may request the district court to determine 
  2.12  a controlling order in situations in which more than one order 
  2.13  involving the same obligor and child exists.  The court shall 
  2.14  presume that the latest order that involves the same obligor and 
  2.15  joint child is controlling, subject to contrary proof. 
  2.16     Sec. 5.  Minnesota Statutes 2004, section 518.551, 
  2.17  subdivision 5, is amended to read: 
  2.18     Subd. 5.  [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 
  2.19  petitioner shall notify the public authority of all proceedings 
  2.20  for dissolution, legal separation, determination of parentage or 
  2.21  for the custody of a child, if either party is receiving public 
  2.22  assistance or applies for it subsequent to the commencement of 
  2.23  the proceeding.  The notice must contain the full names of the 
  2.24  parties to the proceeding, their Social Security account 
  2.25  numbers, and their birth dates.  After receipt of the notice, 
  2.26  the court shall set child support as provided in this 
  2.27  subdivision section 518.725.  The court may order either or both 
  2.28  parents owing a duty of support to a child of the marriage to 
  2.29  pay an amount reasonable or necessary for the child's support, 
  2.30  without regard to marital misconduct.  The court shall approve a 
  2.31  child support stipulation of the parties if each party is 
  2.32  represented by independent counsel, unless the stipulation does 
  2.33  not meet the conditions of paragraph (i) (b).  In other cases 
  2.34  the court shall determine and order child support in a specific 
  2.35  dollar amount in accordance with the guidelines and the other 
  2.36  factors set forth in paragraph (c) section 518.714 and any 
  3.1   departure therefrom.  The court may also order the obligor to 
  3.2   pay child support in the form of a percentage share of the 
  3.3   obligor's net bonuses, commissions, or other forms of 
  3.4   compensation, in addition to, or if the obligor receives no base 
  3.5   pay, in lieu of, an order for a specific dollar amount. 
  3.6      (b) The court shall derive a specific dollar amount for 
  3.7   child support by multiplying the obligor's net income by the 
  3.8   percentage indicated by the following guidelines:  
  3.9   Net Income Per            Number of Children 
  3.10  Month of Obligor 
  3.11                1     2     3     4     5     6    7 or 
  3.12                                                   more 
  3.13  $550 and Below     Order based on the ability of the 
  3.14                     obligor to provide support  
  3.15                     at these income levels, or at higher  
  3.16                     levels, if the obligor has 
  3.17                     the earning ability. 
  3.18  $551 - 600   16%   19%   22%   25%   28%   30%   32% 
  3.19  $601 - 650   17%   21%   24%   27%   29%   32%   34% 
  3.20  $651 - 700   18%   22%   25%   28%   31%   34%   36% 
  3.21  $701 - 750   19%   23%   27%   30%   33%   36%   38% 
  3.22  $751 - 800   20%   24%   28%   31%   35%   38%   40% 
  3.23  $801 - 850   21%   25%   29%   33%   36%   40%   42% 
  3.24  $851 - 900   22%   27%   31%   34%   38%   41%   44% 
  3.25  $901 - 950   23%   28%   32%   36%   40%   43%   46% 
  3.26  $951 - 1000  24%   29%   34%   38%   41%   45%   48% 
  3.27  $1001- 5000  25%   30%   35%   39%   43%   47%   50% 
  3.28  or the amount 
  3.29  in effect under
  3.30  paragraph (k)
  3.31     Guidelines for support for an obligor with a monthly income 
  3.32  in excess of the income limit currently in effect under 
  3.33  paragraph (k) shall be the same dollar amounts as provided for 
  3.34  in the guidelines for an obligor with a monthly income equal to 
  3.35  the limit in effect. 
  3.36  Net Income defined as: 
  4.1            
  4.2            Total monthly 
  4.3            income less           *(i) Federal Income Tax 
  4.4                                 *(ii) State Income Tax 
  4.5                                 (iii) Social Security
  4.6                                        Deductions 
  4.7                                  (iv) Reasonable
  4.8                                        Pension Deductions
  4.9            *Standard 
  4.10           Deductions apply-      (v) Union Dues 
  4.11           use of tax tables     (vi) Cost of Dependent Health
  4.12           recommended                 Insurance Coverage  
  4.13                                (vii) Cost of Individual or Group
  4.14                                       Health/Hospitalization
  4.15                                       Coverage or an        
  4.16                                       Amount for Actual 
  4.17                                       Medical Expenses   
  4.18                               (viii) A Child Support or  
  4.19                                       Maintenance Order that is
  4.20                                       Currently Being Paid. 
  4.21     "Net income" does not include: 
  4.22     (1) the income of the obligor's spouse, but does include 
  4.23  in-kind payments received by the obligor in the course of 
  4.24  employment, self-employment, or operation of a business if the 
  4.25  payments reduce the obligor's living expenses; or 
  4.26     (2) compensation received by a party for employment in 
  4.27  excess of a 40-hour work week, provided that: 
  4.28     (i) support is nonetheless ordered in an amount at least 
  4.29  equal to the guidelines amount based on income not excluded 
  4.30  under this clause; and 
  4.31     (ii) the party demonstrates, and the court finds, that: 
  4.32     (A) the excess employment began after the filing of the 
  4.33  petition for dissolution; 
  4.34     (B) the excess employment reflects an increase in the work 
  4.35  schedule or hours worked over that of the two years immediately 
  4.36  preceding the filing of the petition; 
  5.1      (C) the excess employment is voluntary and not a condition 
  5.2   of employment; 
  5.3      (D) the excess employment is in the nature of additional, 
  5.4   part-time or overtime employment compensable by the hour or 
  5.5   fraction of an hour; and 
  5.6      (E) the party's compensation structure has not been changed 
  5.7   for the purpose of affecting a support or maintenance obligation.
  5.8      The court shall review the work-related and 
  5.9   education-related child care costs paid and shall allocate the 
  5.10  costs to each parent in proportion to each parent's net income, 
  5.11  as determined under this subdivision, after the transfer of 
  5.12  child support and spousal maintenance, unless the allocation 
  5.13  would be substantially unfair to either parent.  There is a 
  5.14  presumption of substantial unfairness if after the sum total of 
  5.15  child support, spousal maintenance, and child care costs is 
  5.16  subtracted from the obligor's income, the income is at or below 
  5.17  100 percent of the federal poverty guidelines.  The cost of 
  5.18  child care for purposes of this paragraph is 75 percent of the 
  5.19  actual cost paid for child care, to reflect the approximate 
  5.20  value of state and federal tax credits available to the 
  5.21  obligee.  The actual cost paid for child care is the total 
  5.22  amount received by the child care provider for the child or 
  5.23  children of the obligor from the obligee or any public agency.  
  5.24  The court shall require verification of employment or school 
  5.25  attendance and documentation of child care expenses from the 
  5.26  obligee and the public agency, if applicable.  If child care 
  5.27  expenses fluctuate during the year because of seasonal 
  5.28  employment or school attendance of the obligee or extended 
  5.29  periods of parenting time with the obligor, the court shall 
  5.30  determine child care expenses based on an average monthly cost.  
  5.31  The amount allocated for child care expenses is considered child 
  5.32  support but is not subject to a cost-of-living adjustment under 
  5.33  section 518.641.  The amount allocated for child care expenses 
  5.34  terminates when either party notifies the public authority that 
  5.35  the child care costs have ended and without any legal action on 
  5.36  the part of either party.  The public authority shall verify the 
  6.1   information received under this provision before authorizing 
  6.2   termination.  The termination is effective as of the date of the 
  6.3   notification.  In other cases where there is a substantial 
  6.4   increase or decrease in child care expenses, the parties may 
  6.5   modify the order under section 518.64. 
  6.6      The court may allow the obligor parent to care for the 
  6.7   child while the obligee parent is working, as provided in 
  6.8   section 518.175, subdivision 8, but this is not a reason to 
  6.9   deviate from the guidelines. 
  6.10     (c) In addition to the child support guidelines, the court 
  6.11  shall take into consideration the following factors in setting 
  6.12  or modifying child support or in determining whether to deviate 
  6.13  from the guidelines: 
  6.14     (1) all earnings, income, and resources of the parents, 
  6.15  including real and personal property, but excluding income from 
  6.16  excess employment of the obligor or obligee that meets the 
  6.17  criteria of paragraph (b), clause (2)(ii); 
  6.18     (2) the financial needs and resources, physical and 
  6.19  emotional condition, and educational needs of the child or 
  6.20  children to be supported; 
  6.21     (3) the standard of living the child would have enjoyed had 
  6.22  the marriage not been dissolved, but recognizing that the 
  6.23  parents now have separate households; 
  6.24     (4) which parent receives the income taxation dependency 
  6.25  exemption and what financial benefit the parent receives from 
  6.26  it; 
  6.27     (5) the parents' debts as provided in paragraph (d); and 
  6.28     (6) the obligor's receipt of public assistance under the 
  6.29  AFDC program formerly codified under sections 256.72 to 256.82 
  6.30  or 256B.01 to 256B.40 and chapter 256J or 256K.  
  6.31     (d) In establishing or modifying a support obligation, the 
  6.32  court may consider debts owed to private creditors, but only if: 
  6.33     (1) the right to support has not been assigned under 
  6.34  section 256.741; 
  6.35     (2) the court determines that the debt was reasonably 
  6.36  incurred for necessary support of the child or parent or for the 
  7.1   necessary generation of income.  If the debt was incurred for 
  7.2   the necessary generation of income, the court shall consider 
  7.3   only the amount of debt that is essential to the continuing 
  7.4   generation of income; and 
  7.5      (3) the party requesting a departure produces a sworn 
  7.6   schedule of the debts, with supporting documentation, showing 
  7.7   goods or services purchased, the recipient of them, the amount 
  7.8   of the original debt, the outstanding balance, the monthly 
  7.9   payment, and the number of months until the debt will be fully 
  7.10  paid. 
  7.11     (e) Any schedule prepared under paragraph (d), clause (3), 
  7.12  shall contain a statement that the debt will be fully paid after 
  7.13  the number of months shown in the schedule, barring emergencies 
  7.14  beyond the party's control.  
  7.15     (f) Any further departure below the guidelines that is 
  7.16  based on a consideration of debts owed to private creditors 
  7.17  shall not exceed 18 months in duration, after which the support 
  7.18  shall increase automatically to the level ordered by the court.  
  7.19  Nothing in this section shall be construed to prohibit one or 
  7.20  more step increases in support to reflect debt retirement during 
  7.21  the 18-month period.  
  7.22     (g) If payment of debt is ordered pursuant to this section, 
  7.23  the payment shall be ordered to be in the nature of child 
  7.24  support.  
  7.25     (h) Nothing shall preclude the court from receiving 
  7.26  evidence on the above factors to determine if the guidelines 
  7.27  should be exceeded or modified in a particular case.  
  7.28     (i) The guidelines in this subdivision are a rebuttable 
  7.29  presumption and shall be used in all cases when establishing or 
  7.30  modifying child support.  If the court does not deviate from the 
  7.31  guidelines, the court shall make written findings concerning the 
  7.32  amount of the obligor's income used as the basis for the 
  7.33  guidelines calculation and any other significant evidentiary 
  7.34  factors affecting the determination of child support.  If the 
  7.35  court deviates from the guidelines, the court shall make written 
  7.36  findings giving the amount of support calculated under the 
  8.1   guidelines, the reasons for the deviation, and shall 
  8.2   specifically address the criteria in paragraph (c) and how the 
  8.3   deviation serves the best interest of the child.  The court may 
  8.4   deviate from the guidelines if both parties agree and the court 
  8.5   makes written findings that it is in the best interests of the 
  8.6   child, except that in cases where child support payments are 
  8.7   assigned to the public agency under section 256.741, the court 
  8.8   may deviate downward only as provided in paragraph (j).  Nothing 
  8.9   in this paragraph prohibits the court from deviating in other 
  8.10  cases.  The provisions of this paragraph apply whether or not 
  8.11  the parties are each represented by independent counsel and have 
  8.12  entered into a written agreement.  The court shall review 
  8.13  stipulations presented to it for conformity to the guidelines 
  8.14  and the court is not required to conduct a hearing, but the 
  8.15  parties shall provide the documentation of earnings required 
  8.16  under subdivision 5b. 
  8.17     (j)  If the child support payments are assigned to the 
  8.18  public agency under section 256.741, the court may not deviate 
  8.19  downward from the child support guidelines unless the court 
  8.20  specifically finds that the failure to deviate downward would 
  8.21  impose an extreme hardship on the obligor. 
  8.22     (k)  The dollar amount of the income limit for application 
  8.23  of the guidelines must be adjusted on July 1 of every 
  8.24  even-numbered year to reflect cost-of-living changes.  The 
  8.25  Supreme Court shall select the index for the adjustment from the 
  8.26  indices listed in section 518.641.  The state court 
  8.27  administrator shall make the changes in the dollar amount 
  8.28  required by this paragraph available to courts and the public on 
  8.29  or before April 30 of the year in which the amount is to change. 
  8.30     (l)  In establishing or modifying child support, if a child 
  8.31  receives a child's insurance benefit under United States Code, 
  8.32  title 42, section 402, because the obligor is entitled to old 
  8.33  age or disability insurance benefits, the amount of support 
  8.34  ordered shall be offset by the amount of the child's benefit.  
  8.35  The court shall make findings regarding the obligor's income 
  8.36  from all sources, the child support amount calculated under this 
  9.1   section, the amount of the child's benefit, and the obligor's 
  9.2   child support obligation.  Any benefit received by the child in 
  9.3   a given month in excess of the child support obligation shall 
  9.4   not be treated as an arrearage payment or a future payment. 
  9.5      Sec. 6.  Minnesota Statutes 2004, section 518.551, 
  9.6   subdivision 5b, is amended to read: 
  9.7      Subd. 5b.  [DETERMINATION OF INCOME.] (a) The parties shall 
  9.8   timely serve and file documentation of earnings and income. When 
  9.9   there is a prehearing conference, the court must receive the 
  9.10  documentation of income at least ten days prior to the 
  9.11  prehearing conference.  Documentation of earnings and income 
  9.12  also includes, but is not limited to, pay stubs for the most 
  9.13  recent three months, employer statements, or statement of 
  9.14  receipts and expenses if self-employed.  Documentation of 
  9.15  earnings and income also includes copies of each parent's most 
  9.16  recent federal tax returns, including W-2 forms, 1099 forms, 
  9.17  unemployment benefits statements, workers' compensation 
  9.18  statements, and all other documents evidencing income as 
  9.19  received that provide verification of income over a longer 
  9.20  period In any case where the parties have joint children for 
  9.21  which a child support order must be determined, the parties 
  9.22  shall serve and file with their initial pleadings or motion 
  9.23  documents, a financial affidavit, disclosing all sources of 
  9.24  gross income and other information sufficient to calculate gross 
  9.25  income and adjusted gross income.  The financial affidavit shall 
  9.26  include supporting documentation for all adjusted gross income, 
  9.27  including, but not limited to, pay stubs for the most recent 
  9.28  three months, employer statements, or statements of receipts and 
  9.29  expenses if self-employed.  Documentation of earnings and income 
  9.30  also include copies of each parent's most recent federal tax 
  9.31  returns, including W-2 forms, 1099 forms, unemployment benefit 
  9.32  statements, workers' compensation statements, and all other 
  9.33  documents evidencing earnings or income as received that provide 
  9.34  verification for the financial affidavit. 
  9.35     (b) In addition to the requirements of paragraph (a), at 
  9.36  any time after an action seeking child support has been 
 10.1   commenced or when a child support order is in effect, a party or 
 10.2   the public authority may require the other party to give them a 
 10.3   copy of the party's most recent federal tax returns that were 
 10.4   filed with the Internal Revenue Service.  The party shall 
 10.5   provide a copy of the tax returns within 30 days of receipt of 
 10.6   the request unless the request is not made in good faith.  A 
 10.7   request under this paragraph may not be made more than once 
 10.8   every two years, in the absence of good cause. 
 10.9      (c) If a parent under the jurisdiction of the court does 
 10.10  not appear at a court hearing after proper notice of the time 
 10.11  and place of the hearing serve and file the financial affidavit 
 10.12  with the parent's initial pleading, the court shall set income 
 10.13  for that parent based on credible evidence before the court or 
 10.14  in accordance with paragraph (d) section 518.712, subdivision 19.
 10.15  Credible evidence may include documentation of current or recent 
 10.16  income, testimony of the other parent concerning recent earnings 
 10.17  and income levels, and the parent's wage reports filed with the 
 10.18  Minnesota Department of Employment and Economic Development 
 10.19  under section 268.044.  
 10.20     (d) If the court finds that a parent is voluntarily 
 10.21  unemployed or underemployed or was voluntarily unemployed or 
 10.22  underemployed during the period for which past support is being 
 10.23  sought, support shall be calculated based on a determination of 
 10.24  imputed income.  A parent is not considered voluntarily 
 10.25  unemployed or underemployed upon a showing by the parent that 
 10.26  the unemployment or underemployment:  (1) is temporary and will 
 10.27  ultimately lead to an increase in income; or (2) represents a 
 10.28  bona fide career change that outweighs the adverse effect of 
 10.29  that parent's diminished income on the child.  Imputed income 
 10.30  means the estimated earning ability of a parent based on the 
 10.31  parent's prior earnings history, education, and job skills, and 
 10.32  on availability of jobs within the community for an individual 
 10.33  with the parent's qualifications.  
 10.34     (e) If there is insufficient information to determine 
 10.35  actual income or to impute income pursuant to paragraph (d), the 
 10.36  court may calculate support based on full-time employment of 40 
 11.1   hours per week at 150 percent of the federal minimum wage or the 
 11.2   Minnesota minimum wage, whichever is higher.  If a parent is a 
 11.3   recipient of public assistance under section 256.741, or is 
 11.4   physically or mentally incapacitated, it shall be presumed that 
 11.5   the parent is not voluntarily unemployed or underemployed.  
 11.6      (f) Income from self employment is equal to gross receipts 
 11.7   minus ordinary and necessary expenses.  Ordinary and necessary 
 11.8   expenses do not include amounts allowed by the Internal Revenue 
 11.9   Service for accelerated depreciation expenses or investment tax 
 11.10  credits or any other business expenses determined by the court 
 11.11  to be inappropriate for determining income for purposes of child 
 11.12  support.  The person seeking to deduct an expense, including 
 11.13  depreciation, has the burden of proving, if challenged, that the 
 11.14  expense is ordinary and necessary.  Net income under this 
 11.15  section may be different from taxable income. 
 11.16     Sec. 7.  [518.6197] [CHILD SUPPORT DEBT/ARREARAGE 
 11.17  MANAGEMENT.] 
 11.18     In order to reduce and otherwise manage support debts and 
 11.19  arrearages, the parties, including the public authority where 
 11.20  arrearages have been assigned to the public authority, may 
 11.21  compromise unpaid support debts or arrearages owed by one party 
 11.22  to another, whether or not docketed as a judgment.  A party may 
 11.23  agree or disagree to compromise only those debts or arrearages 
 11.24  owed to that party. 
 11.25     Sec. 8.  Minnesota Statutes 2004, section 518.62, is 
 11.26  amended to read: 
 11.27     518.62 [TEMPORARY MAINTENANCE.] 
 11.28     Temporary maintenance and temporary support may be awarded 
 11.29  as provided in section 518.131.  The court may also award to 
 11.30  either party to the proceeding, having due regard to all the 
 11.31  circumstances and the party awarded the custody of the children, 
 11.32  the right to the exclusive use of the household goods and 
 11.33  furniture of the parties pending the proceeding and the right to 
 11.34  the use of the homestead of the parties, exclusive or otherwise, 
 11.35  pending the proceeding.  The court may order either party to 
 11.36  remove from the homestead of the parties upon proper application 
 12.1   to the court for an order pending the proceeding.  
 12.2      Sec. 9.  Minnesota Statutes 2004, section 518.64, 
 12.3   subdivision 2, is amended to read: 
 12.4      Subd. 2.  [MODIFICATION.] (a) The terms of an order 
 12.5   respecting maintenance or support may be modified upon a showing 
 12.6   of one or more of the following:  (1) substantially increased or 
 12.7   decreased earnings of a party gross income of an obligor or 
 12.8   obligee; (2) substantially increased or decreased need of a 
 12.9   party an obligor or obligee or the child or children that are 
 12.10  the subject of these proceedings; (3) receipt of assistance 
 12.11  under the AFDC program formerly codified under sections 256.72 
 12.12  to 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 
 12.13  change in the cost of living for either party as measured by the 
 12.14  Federal Bureau of Labor Statistics, any of which makes the terms 
 12.15  unreasonable and unfair; (5) extraordinary medical expenses of 
 12.16  the child not provided for under section 518.171; or (6) the 
 12.17  addition of work-related or education-related child care 
 12.18  expenses of the obligee or a substantial increase or decrease in 
 12.19  existing work-related or education-related child care expenses; 
 12.20  (7) upon the emancipation of the child if there is still a child 
 12.21  under the order.  A child support obligation for two or more 
 12.22  children that is not a support obligation in a specific amount 
 12.23  per child continues in the full amount until modified or until 
 12.24  the emancipation of the last child that the order was made.  
 12.25     On a motion to modify support, the needs of any child the 
 12.26  obligor has after the entry of the support order that is the 
 12.27  subject of a modification motion shall be considered as provided 
 12.28  by section 518.551, subdivision 5f. 
 12.29     (b) It is presumed that there has been a substantial change 
 12.30  in circumstances under paragraph (a) and the terms of a current 
 12.31  support order shall be rebuttably presumed to be unreasonable 
 12.32  and unfair if: 
 12.33     (1) the application of the child support guidelines in 
 12.34  section 518.551, subdivision 5, to the current circumstances of 
 12.35  the parties results in a calculated court order that is at least 
 12.36  20 percent and at least $50 $75 per month higher or lower than 
 13.1   the current support order; 
 13.2      (2) the medical support provisions of the order established 
 13.3   under section 518.171 518.719 are not enforceable by the public 
 13.4   authority or the obligee; 
 13.5      (3) health coverage ordered under section 518.171 518.719 
 13.6   is not available to the child for whom the order is established 
 13.7   by the parent ordered to provide; or 
 13.8      (4) the existing support obligation is in the form of a 
 13.9   statement of percentage and not a specific dollar amount.  
 13.10     (c) A child support order is not presumptively modifiable 
 13.11  solely because an obligor or obligee becomes responsible for the 
 13.12  support of an additional nonjoint child, which is born after an 
 13.13  existing order.  
 13.14     (d) On a motion for modification of maintenance, including 
 13.15  a motion for the extension of the duration of a maintenance 
 13.16  award, the court shall apply, in addition to all other relevant 
 13.17  factors, the factors for an award of maintenance under section 
 13.18  518.552 that exist at the time of the motion.  On a motion for 
 13.19  modification of support, the court:  
 13.20     (1) shall apply section 518.551, subdivision 5 518.725, and 
 13.21  shall not consider the financial circumstances of each party's 
 13.22  spouse, if any; and 
 13.23     (2) shall not consider compensation received by a party for 
 13.24  employment in excess of a 40-hour work week, provided that the 
 13.25  party demonstrates, and the court finds, that: 
 13.26     (i) the excess employment began after entry of the existing 
 13.27  support order; 
 13.28     (ii) the excess employment is voluntary and not a condition 
 13.29  of employment; 
 13.30     (iii) the excess employment is in the nature of additional, 
 13.31  part-time employment, or overtime employment compensable by the 
 13.32  hour or fractions of an hour; 
 13.33     (iv) the party's compensation structure has not been 
 13.34  changed for the purpose of affecting a support or maintenance 
 13.35  obligation; 
 13.36     (v) in the case of an obligor, current child support 
 14.1   payments are at least equal to the guidelines amount based on 
 14.2   income not excluded under this clause; and 
 14.3      (vi) in the case of an obligor who is in arrears in child 
 14.4   support payments to the obligee, any net income from excess 
 14.5   employment must be used to pay the arrearages until the 
 14.6   arrearages are paid in full. 
 14.7      (d) (e) A modification of support or maintenance, including 
 14.8   interest that accrued pursuant to section 548.091, may be made 
 14.9   retroactive only with respect to any period during which the 
 14.10  petitioning party has pending a motion for modification but only 
 14.11  from the date of service of notice of the motion on the 
 14.12  responding party and on the public authority if public 
 14.13  assistance is being furnished or the county attorney is the 
 14.14  attorney of record.  However, modification may be applied to an 
 14.15  earlier period if the court makes express findings that:  
 14.16     (1) the party seeking modification was precluded from 
 14.17  serving a motion by reason of a significant physical or mental 
 14.18  disability, a material misrepresentation of another party, or 
 14.19  fraud upon the court and that the party seeking modification, 
 14.20  when no longer precluded, promptly served a motion; 
 14.21     (2) the party seeking modification was a recipient of 
 14.22  federal Supplemental Security Income (SSI), Title II Older 
 14.23  Americans, Survivor's Disability Insurance (OASDI), other 
 14.24  disability benefits, or public assistance based upon need during 
 14.25  the period for which retroactive modification is sought; 
 14.26     (3) the order for which the party seeks amendment was 
 14.27  entered by default, the party shows good cause for not 
 14.28  appearing, and the record contains no factual evidence, or 
 14.29  clearly erroneous evidence regarding the individual obligor's 
 14.30  ability to pay; or 
 14.31     (4) the party seeking modification was institutionalized or 
 14.32  incarcerated for an offense other than nonsupport of a child 
 14.33  during the period for which retroactive modification is sought 
 14.34  and lacked the financial ability to pay the support ordered 
 14.35  during that time period.  In determining whether to allow the 
 14.36  retroactive modification, the court shall consider whether and 
 15.1   when a request was made to the public authority for support 
 15.2   modification.  
 15.3   The court may provide that a reduction in the amount allocated 
 15.4   for child care expenses based on a substantial decrease in the 
 15.5   expenses is effective as of the date the expenses decreased. 
 15.6      (e) (f) Except for an award of the right of occupancy of 
 15.7   the homestead, provided in section 518.63, all divisions of real 
 15.8   and personal property provided by section 518.58 shall be final, 
 15.9   and may be revoked or modified only where the court finds the 
 15.10  existence of conditions that justify reopening a judgment under 
 15.11  the laws of this state, including motions under section 518.145, 
 15.12  subdivision 2.  The court may impose a lien or charge on the 
 15.13  divided property at any time while the property, or subsequently 
 15.14  acquired property, is owned by the parties or either of them, 
 15.15  for the payment of maintenance or support money, or may 
 15.16  sequester the property as is provided by section 518.24. 
 15.17     (f) (g) The court need not hold an evidentiary hearing on a 
 15.18  motion for modification of maintenance or support. 
 15.19     (g) (h) Section 518.14 shall govern the award of attorney 
 15.20  fees for motions brought under this subdivision.  
 15.21     (i) An enactment, amendment, or repeal of law does not 
 15.22  constitute a substantial change in the circumstances for 
 15.23  purposes of modifying a child support order.  
 15.24     (j) There may be no modification of an existing child 
 15.25  support order during the first year following the effective date 
 15.26  of sections 518.712 to 518.729 except as follows:  
 15.27     (1) there is at least a 20 percent change in the gross 
 15.28  income of the obligor; 
 15.29     (2) there is a change in the number of joint children for 
 15.30  whom the obligor is legally responsible and actually supporting; 
 15.31     (3) the child supported by the existing child support order 
 15.32  becomes disabled; or 
 15.33     (4) both parents consent to modification of the existing 
 15.34  order in compliance with the new income shares guidelines. 
 15.35     (k) On the first modification under the income shares 
 15.36  method of calculation, the modification of basic support may be 
 16.1   limited if the amount of the full variance would create hardship 
 16.2   for either the obligor or the obligee. 
 16.3   Paragraph (j) expires January 1, 2008. 
 16.4      Sec. 10.  Minnesota Statutes 2004, section 518.64, is 
 16.5   amended by adding a subdivision to read: 
 16.6      Subd. 7.  [CHILD CARE EXCEPTION.] The court may provide 
 16.7   that a reduction in the amount allocated for child care expenses 
 16.8   based on a substantial decrease in the expenses is effective as 
 16.9   of the date the expense is decreased. 
 16.10     Sec. 11.  Minnesota Statutes 2004, section 518.64, is 
 16.11  amended by adding a subdivision to read: 
 16.12     Subd. 8.  [CHILD SUPPORT DEBT AND ARREARAGE 
 16.13  MANAGEMENT.] The parties, including the public authority, may 
 16.14  compromise child support debt or arrearages owed by one party to 
 16.15  another, whether or not reduced to judgment, upon agreement of 
 16.16  the parties involved. 
 16.17     Sec. 12.  Minnesota Statutes 2004, section 518.68, 
 16.18  subdivision 2, is amended to read: 
 16.19     Subd. 2.  [CONTENTS.] The required notices must be 
 16.20  substantially as follows: 
 16.21                          IMPORTANT NOTICE 
 16.22  1.  PAYMENTS TO PUBLIC AGENCY 
 16.23     According to Minnesota Statutes, section 518.551, 
 16.24     subdivision 1, payments ordered for maintenance and support 
 16.25     must be paid to the public agency responsible for child 
 16.26     support enforcement as long as the person entitled to 
 16.27     receive the payments is receiving or has applied for public 
 16.28     assistance or has applied for support and maintenance 
 16.29     collection services.  MAIL PAYMENTS TO: 
 16.30  2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
 16.31  FELONY 
 16.32     A person may be charged with a felony who conceals a minor 
 16.33     child or takes, obtains, retains, or fails to return a 
 16.34     minor child from or to the child's parent (or person with 
 16.35     custodial or visitation rights), according to Minnesota 
 16.36     Statutes, section 609.26.  A copy of that section is 
 17.1      available from any district court clerk. 
 17.2   3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 
 17.3      A person who fails to pay court-ordered child support or 
 17.4      maintenance may be charged with a crime, which may include 
 17.5      misdemeanor, gross misdemeanor, or felony charges, 
 17.6      according to Minnesota Statutes, section 609.375.  A copy 
 17.7      of that section is available from any district court clerk. 
 17.8   4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 
 17.9      (a) Payment of support or spousal maintenance is to be as 
 17.10     ordered, and the giving of gifts or making purchases of 
 17.11     food, clothing, and the like will not fulfill the 
 17.12     obligation. 
 17.13     (b) Payment of support must be made as it becomes due, and 
 17.14     failure to secure or denial of parenting time is NOT an 
 17.15     excuse for nonpayment, but the aggrieved party must seek 
 17.16     relief through a proper motion filed with the court. 
 17.17     (c) Nonpayment of support is not grounds to deny parenting 
 17.18     time.  The party entitled to receive support may apply for 
 17.19     support and collection services, file a contempt motion, or 
 17.20     obtain a judgment as provided in Minnesota Statutes, 
 17.21     section 548.091.  
 17.22     (d) The payment of support or spousal maintenance takes 
 17.23     priority over payment of debts and other obligations. 
 17.24     (e) A party who accepts additional obligations of support 
 17.25     does so with the full knowledge of the party's prior 
 17.26     obligation under this proceeding. 
 17.27     (f) Child support or maintenance is based on annual income, 
 17.28     and it is the responsibility of a person with seasonal 
 17.29     employment to budget income so that payments are made 
 17.30     throughout the year as ordered. 
 17.31     (g) If the obligor is laid off from employment or receives 
 17.32     a pay reduction, support may be reduced, but only if a 
 17.33     motion to reduce the support is served and filed with the 
 17.34     court.  Any reduction will take effect only if ordered by 
 17.35     the court and may only relate back to the time that the 
 17.36     motion is filed.  If a motion is not filed, the support 
 18.1      obligation will continue at the current level.  The court 
 18.2      is not permitted to reduce support retroactively, except as 
 18.3      provided in Minnesota Statutes, section 518.64, subdivision 
 18.4      2, paragraph (c).  
 18.5      (h) Reasonable parenting time guidelines are contained in 
 18.6      Appendix B, which is available from the court administrator.
 18.7      (i) The nonpayment of support may be enforced through the 
 18.8      denial of student grants; interception of state and federal 
 18.9      tax refunds; suspension of driver's, recreational, and 
 18.10     occupational licenses; referral to the department of 
 18.11     revenue or private collection agencies; seizure of assets, 
 18.12     including bank accounts and other assets held by financial 
 18.13     institutions; reporting to credit bureaus; interest 
 18.14     charging, income withholding, and contempt proceedings; and 
 18.15     other enforcement methods allowed by law. 
 18.16     (j) The public authority may suspend or resume collection 
 18.17     of the amount allocated for child care expenses if the 
 18.18     conditions of section 518.551, subdivision 5, paragraph 
 18.19     (b), are met. 
 18.20  5.  PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 
 18.21  SUBDIVISION 3 
 18.22     Unless otherwise provided by the Court: 
 18.23     (a) Each party has the right of access to, and to receive 
 18.24     copies of, school, medical, dental, religious training, and 
 18.25     other important records and information about the minor 
 18.26     children.  Each party has the right of access to 
 18.27     information regarding health or dental insurance available 
 18.28     to the minor children.  Presentation of a copy of this 
 18.29     order to the custodian of a record or other information 
 18.30     about the minor children constitutes sufficient 
 18.31     authorization for the release of the record or information 
 18.32     to the requesting party. 
 18.33     (b) Each party shall keep the other informed as to the name 
 18.34     and address of the school of attendance of the minor 
 18.35     children.  Each party has the right to be informed by 
 18.36     school officials about the children's welfare, educational 
 19.1      progress and status, and to attend school and parent 
 19.2      teacher conferences.  The school is not required to hold a 
 19.3      separate conference for each party. 
 19.4      (c) In case of an accident or serious illness of a minor 
 19.5      child, each party shall notify the other party of the 
 19.6      accident or illness, and the name of the health care 
 19.7      provider and the place of treatment. 
 19.8      (d) Each party has the right of reasonable access and 
 19.9      telephone contact with the minor children. 
 19.10  6.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
 19.11     Child support and/or spousal maintenance may be withheld 
 19.12     from income, with or without notice to the person obligated 
 19.13     to pay, when the conditions of Minnesota Statutes, section 
 19.14     518.6111 have been met.  A copy of those sections is 
 19.15     available from any district court clerk. 
 19.16  7.  CHANGE OF ADDRESS OR RESIDENCE 
 19.17     Unless otherwise ordered, each party shall notify the other 
 19.18     party, the court, and the public authority responsible for 
 19.19     collection, if applicable, of the following information 
 19.20     within ten days of any change:  the residential and mailing 
 19.21     address, telephone number, driver's license number, Social 
 19.22     Security number, and name, address, and telephone number of 
 19.23     the employer. 
 19.24  8.  COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 
 19.25     Child support and/or spousal maintenance may be adjusted 
 19.26     every two years based upon a change in the cost of living 
 19.27     (using Department of Labor Consumer Price Index .........., 
 19.28     unless otherwise specified in this order) when the 
 19.29     conditions of Minnesota Statutes, section 518.641, are met. 
 19.30     Cost of living increases are compounded.  A copy of 
 19.31     Minnesota Statutes, section 518.641, and forms necessary to 
 19.32     request or contest a cost of living increase are available 
 19.33     from any district court clerk. 
 19.34  9.  JUDGMENTS FOR UNPAID SUPPORT 
 19.35     If a person fails to make a child support payment, the 
 19.36     payment owed becomes a judgment against the person 
 20.1      responsible to make the payment by operation of law on or 
 20.2      after the date the payment is due, and the person entitled 
 20.3      to receive the payment or the public agency may obtain 
 20.4      entry and docketing of the judgment WITHOUT NOTICE to the 
 20.5      person responsible to make the payment under Minnesota 
 20.6      Statutes, section 548.091.  Interest begins to accrue on a 
 20.7      payment or installment of child support whenever the unpaid 
 20.8      amount due is greater than the current support due, 
 20.9      according to Minnesota Statutes, section 548.091, 
 20.10     subdivision 1a.  
 20.11  10.  JUDGMENTS FOR UNPAID MAINTENANCE 
 20.12     A judgment for unpaid spousal maintenance may be entered 
 20.13     when the conditions of Minnesota Statutes, section 548.091, 
 20.14     are met.  A copy of that section is available from any 
 20.15     district court clerk. 
 20.16  11.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
 20.17  SUPPORT 
 20.18     A judgment for attorney fees and other collection costs 
 20.19     incurred in enforcing a child support order will be entered 
 20.20     against the person responsible to pay support when the 
 20.21     conditions of section 518.14, subdivision 2, are met.  A 
 20.22     copy of section 518.14 and forms necessary to request or 
 20.23     contest these attorney fees and collection costs are 
 20.24     available from any district court clerk. 
 20.25  12.  PARENTING TIME EXPEDITOR PROCESS 
 20.26     On request of either party or on its own motion, the court 
 20.27     may appoint a parenting time expeditor to resolve parenting 
 20.28     time disputes under Minnesota Statutes, section 518.1751.  
 20.29     A copy of that section and a description of the expeditor 
 20.30     process is available from any district court clerk. 
 20.31  13.  PARENTING TIME REMEDIES AND PENALTIES 
 20.32     Remedies and penalties for the wrongful denial of parenting 
 20.33     time are available under Minnesota Statutes, section 
 20.34     518.175, subdivision 6.  These include compensatory 
 20.35     parenting time; civil penalties; bond requirements; 
 20.36     contempt; and reversal of custody.  A copy of that 
 21.1      subdivision and forms for requesting relief are available 
 21.2      from any district court clerk. 
 21.3      Sec. 13.  [518.712] [DEFINITIONS.] 
 21.4      Subdivision 1.  [SCOPE.] The definitions in this section 
 21.5   apply to sections 518.712 to 518.753.  
 21.6      Subd. 2.  [GROSS INCOME FOR DETERMINING CHILD SUPPORT.] 
 21.7   "Gross income for determining child support" means gross income 
 21.8   minus deductions for nonjoint children as allowed by section 
 21.9   518.717. 
 21.10     Subd. 3.  [APPORTIONED VETERANS' BENEFITS.] "Apportioned 
 21.11  veterans' benefits" means the amount the Veterans Administration 
 21.12  deducts from the veteran's award and disburses to the child or 
 21.13  the child's representative payee.  The apportionment of 
 21.14  veterans' benefits shall be that determined by the Veterans 
 21.15  Administration and governed by Code of Federal Regulations, 
 21.16  title 38, sections 3.450 to 3.458.  
 21.17     Subd. 4.  [ARREARS.] "Arrears" are amounts that accrue 
 21.18  pursuant to an obligor's failure to comply with a support 
 21.19  order.  Past support and pregnancy and confinement expenses 
 21.20  contained in a support order are arrears if the court order does 
 21.21  not contain repayment terms.  Arrears also arise by the 
 21.22  obligor's failure to comply with the terms of a court order for 
 21.23  repayment of past support or pregnancy and confinement 
 21.24  expenses.  An obligor's failure to comply with the terms for 
 21.25  repayment of amounts owed for past support or pregnancy and 
 21.26  confinement turns the entire amount owed into arrears.  
 21.27     Subd. 5.  [BASIC SUPPORT.] "Basic support" means the 
 21.28  support obligation determined by applying the parent's adjusted 
 21.29  gross income, or if there are two parents, their combined 
 21.30  adjusted gross income, to the guideline in the manner set out in 
 21.31  section 518.725. 
 21.32     Basic support includes the dollar amount ordered for a 
 21.33  child's housing, food, clothing, transportation, and education 
 21.34  costs, and other expenses relating to the child's care.  Basic 
 21.35  support does not include monetary contributions for a child's 
 21.36  child care expenses, and medical and dental expenses. 
 22.1      Subd. 6.  [CHILD.] "Child" means an individual under 18 
 22.2   years of age, an individual under age 20 who is still attending 
 22.3   secondary school, or an individual who, by reason of physical or 
 22.4   mental condition, is incapable of self-support. 
 22.5      Subd. 7.  [CHILD SUPPORT.] "Child support or support money" 
 22.6   means an amount for basic support, child care support, and 
 22.7   medical support pursuant to: 
 22.8      (1) an award in a dissolution, legal separation, annulment, 
 22.9   or parentage proceeding for the care, support, and education of 
 22.10  a child of the marriage or of the parties to the proceeding; 
 22.11     (2) a contribution by parents ordered under section 256.87; 
 22.12  or 
 22.13     (3) support ordered under chapter 518B or 518C.  
 22.14     Subd. 8.  [DEPOSIT ACCOUNT.] "Deposit account" means funds 
 22.15  deposited with a financial institution in the form of a savings 
 22.16  account, checking account, NOW account, or demand deposit 
 22.17  account. 
 22.18     Subd. 9.  [GROSS INCOME.] "Gross income" means: 
 22.19     (1) the gross income of the parent calculated pursuant to 
 22.20  section 518.7123; plus 
 22.21     (2) the potential income of the parent, if any, as 
 22.22  determined in subdivision 19; minus 
 22.23     (3) spousal maintenance that any party has been ordered to 
 22.24  pay. 
 22.25     Subd. 10.  [IV-D CASE.] "IV-D case" means a case where a 
 22.26  party assigns rights to child support to the state because the 
 22.27  party receives public assistance, as defined in section 256.741, 
 22.28  or applies for child support services under title IV-D of the 
 22.29  Social Security Act, United States Code, title 42, section 
 22.30  654(4). 
 22.31     Subd. 11.  [JOINT CHILD.] "Joint child" means the dependent 
 22.32  child who is the son or daughter of both parents in the support 
 22.33  proceeding.  In those cases where support is sought from only 
 22.34  one parent of a child, a joint child is the child for whom 
 22.35  support is sought.  
 22.36     Subd. 12.  [NONJOINT CHILD.] "Nonjoint child" means the 
 23.1   legal child of one, but not both of the parents subject to this 
 23.2   determination.  Specifically excluded from this definition are 
 23.3   stepchildren.  
 23.4      Subd. 13.  [OBLIGOR.] "Obligor" has the meaning provided by 
 23.5   section 518.54, subdivision 8. 
 23.6      Subd. 14.  [OBLIGEE.] "Obligee" means a person to whom 
 23.7   payments for child support are owed. 
 23.8      Subd. 15.  [PARENTING TIME.] "Parenting time" means the 
 23.9   amount of time a child is scheduled to spend with the parent 
 23.10  according to a court order.  Parenting time includes time with 
 23.11  the child whether it is designated as visitation, physical 
 23.12  custody, or parenting time.  For purposes of section 518.722, 
 23.13  the percentage of parenting time may be calculated by 
 23.14  calculating the number of overnights that a child spends with a 
 23.15  parent, or by using a method other than overnights as the parent 
 23.16  has significant time periods where the child is in the parent's 
 23.17  physical custody, but does not stay overnight.  
 23.18     Subd. 16.  [PAYOR OF FUNDS.] "Payor of funds" means a 
 23.19  person or entity that provides funds to an obligor, including an 
 23.20  employer as defined under chapter 24, section 3401(d), of the 
 23.21  Internal Revenue Code, an independent contractor, payor of 
 23.22  workers' compensation benefits or unemployment insurance 
 23.23  benefits, or a financial institution as defined in section 
 23.24  13B.06. 
 23.25     Subd. 17.  [POTENTIAL INCOME.] "Potential income" is income 
 23.26  determined under this subdivision.  
 23.27     (a) If a parent is voluntarily unemployed, underemployed, 
 23.28  or employed on a less than a full-time basis, or there is no 
 23.29  direct evidence of any income, child support shall be calculated 
 23.30  based on a determination of potential income.  For purposes of 
 23.31  this determination, it is rebuttably presumed that a parent can 
 23.32  be gainfully employed on a full-time basis.  
 23.33     (b) Determination of potential income shall be made 
 23.34  according to one of three methods, as appropriate:  
 23.35     (1) the parent's probable earnings level based on 
 23.36  employment potential, recent work history, and occupational 
 24.1   qualifications in light of prevailing job opportunities and 
 24.2   earnings levels in the community; or 
 24.3      (2) if a parent is receiving unemployment compensation or 
 24.4   workers' compensation, that parent's income may be calculated 
 24.5   using the actual amount of the unemployment compensation or 
 24.6   workers' compensation benefit received; or 
 24.7      (3) the amount of income a parent could earn working 
 24.8   full-time at 150 percent of the current federal or state minimum 
 24.9   wage, whichever is higher. 
 24.10     (c) A parent is not considered voluntarily unemployed or 
 24.11  underemployed upon a showing by the parent that: 
 24.12     (1) unemployment or underemployment is temporary and will 
 24.13  ultimately lead to an increase in income; 
 24.14     (2) the unemployment or underemployment represents a bona 
 24.15  fide career change that outweighs the adverse effect of that 
 24.16  parent's diminished income on the child; or 
 24.17     (3) the parent is unable to work full-time due to a 
 24.18  verified disability or due to incarceration. 
 24.19     (d) As used in this section, "full-time" means 40 hours of 
 24.20  work in a week except in those industries, trades, or 
 24.21  professions in which most employers due to custom, practice, or 
 24.22  agreement utilize a normal work week of more or less than 40 
 24.23  hours in a week.  
 24.24     (e) If the parent of a joint child is a recipient of a 
 24.25  temporary assistance to a needy family (TANF) cash grant, no 
 24.26  potential income shall be imputed to that parent. 
 24.27     (f) If a parent stays at home to care for a child who is 
 24.28  subject to the child support order, the court may consider the 
 24.29  following factors when determining whether the parent is 
 24.30  voluntarily unemployed or underemployed:  
 24.31     (1) the parties' parenting and child care arrangements 
 24.32  before the child support action; 
 24.33     (2) the stay-at-home parent's employment history, recency 
 24.34  of employment, earnings, and the availability of jobs within the 
 24.35  community for an individual with the parent's qualifications; 
 24.36     (3) the relationship between the employment-related 
 25.1   expenses, including, but not limited to, child care and 
 25.2   transportation costs required for the parent to be employed, and 
 25.3   the income the stay-at-home parent could receive from available 
 25.4   jobs within the community for an individual with the parent's 
 25.5   qualifications; 
 25.6      (4) the child's age and health, including whether the child 
 25.7   is physically or mentally disabled; and 
 25.8      (5) the availability of child care providers. 
 25.9      Subd. 18.  [PRIMARY PHYSICAL CUSTODY.] The parent having 
 25.10  "primary physical custody" means the parent who provides the 
 25.11  primary residence for a child and is responsible for the 
 25.12  majority of the day-to-day decisions concerning a child.  
 25.13     Subd. 19.  [PUBLIC AUTHORITY.] "Public authority" means the 
 25.14  local unit of government, acting on behalf of the state, that is 
 25.15  responsible for child support enforcement or the Department of 
 25.16  Human Services, Child Support Enforcement Division. 
 25.17     Subd. 20.  [SOCIAL SECURITY BENEFITS.] "Social Security 
 25.18  benefits" means the monthly amount the Social Security 
 25.19  Administration pays to a joint child or the child's 
 25.20  representative payee due solely to the disability or retirement 
 25.21  of either parent.  Benefits paid to a parent due to the 
 25.22  disability of a child are excluded from this definition.  
 25.23     Subd. 21.  [SPLIT CUSTODY.] "Split custody" means that each 
 25.24  parent in a two-parent calculation has primary physical custody 
 25.25  of at least one of the joint children.  
 25.26     Subd. 22.  [SPOUSAL MAINTENANCE.] "Spousal maintenance" has 
 25.27  the definition as provided in section 518.54, subdivision 3, and 
 25.28  includes the amount of any preexisting or concurrently entered 
 25.29  court ordered spousal maintenance. 
 25.30     Subd. 23.  [SUPPORT ORDER.] (a) "Support order" means a 
 25.31  judgment, decree, or order, whether temporary, final, or subject 
 25.32  to modification, issued by a court or administrative agency of 
 25.33  competent jurisdiction that: 
 25.34     (1) provides for the support of a child, including a child 
 25.35  who has attained the age of majority under the law of the 
 25.36  issuing state, or a child and the parent with whom the child is 
 26.1   living; 
 26.2      (2) provides for basic support, child care, medical support 
 26.3   including expenses for confinement and pregnancy, arrears, or 
 26.4   reimbursement; and 
 26.5      (3) may include related costs and fees, interest and 
 26.6   penalties, income withholding, and other relief. 
 26.7      (b) The definition in paragraph (a) applies to orders 
 26.8   issued under this chapter and chapters 256, 257, and 518C. 
 26.9      Subd. 24.  [SURVIVORS' AND DEPENDENTS' EDUCATIONAL 
 26.10  ASSISTANCE.] "Survivors' and dependents' educational assistance" 
 26.11  are funds disbursed by the Veterans Administration under United 
 26.12  States Code, title 38, chapter 35, to the child or the child's 
 26.13  representative payee.  
 26.14     Sec. 14.  [518.7123] [CALCULATION OF GROSS INCOME.] 
 26.15     (a) Except as excluded below, gross income includes income 
 26.16  from any source, including, but not limited to, salaries, wages, 
 26.17  commissions, advances, bonuses, dividends, severance pay, 
 26.18  pensions, interest, honoraria, trust income, annuities, return 
 26.19  on capital, Social Security benefits, workers' compensation 
 26.20  benefits, unemployment insurance benefits, disability insurance 
 26.21  benefits, gifts, prizes, including lottery winnings, alimony, 
 26.22  spousal maintenance payments, income from self-employment or 
 26.23  operation of a business, as determined under section 518.7125. 
 26.24  All salary, wages, commissions, or other compensation paid by 
 26.25  third parties shall be based upon Medicare gross income.  No 
 26.26  deductions shall be allowed for contributions to pensions, 
 26.27  401-K, IRA, or other deferred compensation.  
 26.28     (b) Excluded and not counted in gross income is 
 26.29  compensation received by a party for employment in excess of a 
 26.30  40-hour work week, provided that: 
 26.31     (1) child support is nonetheless ordered in an amount at 
 26.32  least equal to the guideline amount based on gross income not 
 26.33  excluded under this clause; and 
 26.34     (2) the party demonstrates, and the court finds, that: 
 26.35     (i) the excess employment began after the filing of the 
 26.36  petition for dissolution; 
 27.1      (ii) the excess employment reflects an increase in the work 
 27.2   schedule or hours worked over that of the two years immediately 
 27.3   preceding the filing of the petition; 
 27.4      (iii) the excess employment is voluntary and not a 
 27.5   condition of employment; 
 27.6      (iv) the excess employment is in the nature of additional, 
 27.7   part-time or overtime employment compensable by the hour or 
 27.8   fraction of an hour; and 
 27.9      (v) the party's compensation structure has not been changed 
 27.10  for the purpose of affecting a support or maintenance obligation.
 27.11     (c) Expense reimbursements or in-kind payments received by 
 27.12  a parent in the course of employment, self-employment, or 
 27.13  operation of a business shall be counted as income if they 
 27.14  reduce personal living expenses.  
 27.15     (d) Gross income may be calculated on either an annual or 
 27.16  monthly basis.  Weekly income shall be translated to monthly 
 27.17  income by multiplying the weekly income by 4.33.  
 27.18     (e) Excluded and not counted as income is any child support 
 27.19  payment.  It is a rebuttable presumption that adoption 
 27.20  assistance payments, guardianship assistance payments, and 
 27.21  foster care subsidies are excluded and not counted as income. 
 27.22     (f) Excluded and not counted as income is the income of the 
 27.23  obligor's spouse and the obligee's spouse. 
 27.24     Sec. 15.  [518.7125] [INCOME FROM SELF-EMPLOYMENT OR 
 27.25  OPERATION OF A BUSINESS.] 
 27.26     For income from self-employment, rent, royalties, 
 27.27  proprietorship of a business, or joint ownership of a 
 27.28  partnership or closely held corporation, gross income is defined 
 27.29  as gross receipts minus costs of goods sold minus ordinary and 
 27.30  necessary expenses required for self-employment or business 
 27.31  operation.  Specifically excluded from ordinary and necessary 
 27.32  expenses are amounts allowable by the Internal Revenue Service 
 27.33  for the accelerated component of depreciation expenses, 
 27.34  investment tax credits, or any other business expenses 
 27.35  determined by the court to be inappropriate or excessive for 
 27.36  determining gross income for purposes of calculating child 
 28.1   support. 
 28.2      Sec. 16.  [518.713] [COMPUTATION OF INDIVIDUAL CHILD 
 28.3   SUPPORT OBLIGATIONS.] 
 28.4      To determine the presumptive amount of support owed by a 
 28.5   parent, follow the procedure set forth in this section:  
 28.6      (1) determine the gross income of each parent using the 
 28.7   definition in section 518.712, subdivision 9; 
 28.8      (2) determine the gross income for determining child 
 28.9   support of each parent, and if there are two parents, the 
 28.10  combined adjusted gross income by subtracting from the gross 
 28.11  income, the credit, if any, for any nonjoint children under 
 28.12  section 518.717; 
 28.13     (3) if there are two parents, determine the percentage 
 28.14  contribution of each parent to the combined adjusted gross 
 28.15  income by dividing the combined adjusted gross income into each 
 28.16  parent's adjusted gross income; 
 28.17     (4) determine the basic child support obligation by 
 28.18  application of the guideline in section 518.725; 
 28.19     (5) determine each parent's share of the basic child 
 28.20  support obligation by multiplying the percentage figure from 
 28.21  clause (3) by the basic child support obligation in clause (4); 
 28.22     (6) determine the parenting expense adjustment if any and 
 28.23  determine the basic child support obligation of the parents as 
 28.24  provided in section 518.722; 
 28.25     (7) apply the low-income adjustment, if applicable, as 
 28.26  provided in section 518.723; 
 28.27     (8) determine the cost for each parent for child care costs 
 28.28  as allowed by section 518.72; 
 28.29     (9) determining the cost for each parent for medical 
 28.30  expenses and health care coverage as allowed by section 
 28.31  518.719.  If costs are not equal each month, annual costs shall 
 28.32  be averaged to determine a monthly cost; 
 28.33     (10) calculate the total costs owed by each parent to the 
 28.34  other by applying the parent's percentage of income as 
 28.35  determined in clause (3) to the actual out-of-pocket medical 
 28.36  costs incurred by the other parent.  Add these amounts to each 
 29.1   parent's child support obligation; 
 29.2      (11) calculate the total child support obligation of each 
 29.3   parent by adding for each parent, the basic child support 
 29.4   obligation from clause (6) and the total costs from clause (10); 
 29.5      (12) determine the net child support obligation by 
 29.6   subtracting the smaller of the obligations from the larger; 
 29.7      (13) if Social Security benefits or veterans' benefits are 
 29.8   received by the obligee as a representative payee for a joint 
 29.9   child due to the obligor's disability or retirement, subtract 
 29.10  the amount of benefits from the obligor's net child support 
 29.11  obligation, if any; 
 29.12     (14) determine the portion of the calculated child support 
 29.13  obligation the obligor has the ability to pay or the minimum 
 29.14  support obligation as provided in section 518.724; and 
 29.15     (15) the final child support order shall separately 
 29.16  designate the amount owed for basic support, child care support, 
 29.17  and medical support. 
 29.18     Sec. 17.  [518.7131] [TEMPORARY SUPPORT.] 
 29.19     Temporary support may be awarded as provided in section 
 29.20  518.131.  
 29.21     Sec. 18.  [518.714] [DEVIATIONS FROM CHILD SUPPORT 
 29.22  GUIDELINES.] 
 29.23     Subdivision 1.  [GENERAL FACTORS.] Among other reasons, 
 29.24  deviation from the presumptive guideline amount is intended to 
 29.25  encourage prompt and regular payments of child support and to 
 29.26  prevent either parent or the joint children from living in 
 29.27  poverty.  In addition to the child support guidelines, the court 
 29.28  must take into consideration the following factors in setting or 
 29.29  modifying child support or in determining whether to deviate 
 29.30  upward or downward from the extraordinary or diminished 
 29.31  guidelines: 
 29.32     (1) all earnings, income circumstances, and resources of 
 29.33  each parent, including real and personal property, but excluding 
 29.34  income from excess employment of the obligor or obligee that 
 29.35  meets the criteria of section 518.7123, paragraph (b), clause 
 29.36  (2); 
 30.1      (2) the extraordinary financial needs and resources, 
 30.2   physical and emotional condition, and educational needs of the 
 30.3   child to be supported; 
 30.4      (3) the standard of living the child would enjoy if the 
 30.5   parents were currently living together, but recognizing that the 
 30.6   parents now have separate households; 
 30.7      (4) which parent receives the income taxation dependency 
 30.8   exemption and the financial benefit the parent receives from it; 
 30.9      (5) the parents' debts as provided in subdivision 2; and 
 30.10     (6) the obligor's total payments for court-ordered child 
 30.11  support exceed the limitations set forth in section 571.922.  
 30.12     Subd. 2.  [DEBT OWED TO PRIVATE CREDITORS.] (a) In 
 30.13  establishing or modifying a support obligation, the court may 
 30.14  consider debts owed to private creditors, but only if: 
 30.15     (1) the right to support has not been assigned under 
 30.16  section 256.741; 
 30.17     (2) the court determines that the debt was reasonably 
 30.18  incurred for necessary support of the child or parent or for the 
 30.19  necessary generation of income.  If the debt was incurred for 
 30.20  the necessary generation of income, the court may consider only 
 30.21  the amount of debt that is essential to the continuing 
 30.22  generation of income; and 
 30.23     (3) the party requesting a departure produces a sworn 
 30.24  schedule of the debts, with supporting documentation, showing 
 30.25  goods or services purchased, the recipient of them, the original 
 30.26  debt amount, the outstanding balance, the monthly payment, and 
 30.27  the number of months until the debt will be fully paid. 
 30.28     (b) A schedule prepared under paragraph (a), clause (3), 
 30.29  must contain a statement that the debt will be fully paid after 
 30.30  the number of months shown in the schedule, barring emergencies 
 30.31  beyond the party's control. 
 30.32     (c) Any further departure below the guidelines that is 
 30.33  based on a consideration of debts owed to private creditors must 
 30.34  not exceed 18 months in duration.  After 18 months the support 
 30.35  must increase automatically to the level ordered by the court.  
 30.36  This section does not prohibit one or more step increases in 
 31.1   support to reflect debt retirement during the 18-month period. 
 31.2      (d) If payment of debt is ordered pursuant to this section, 
 31.3   the payment must be ordered to be in the nature of child support.
 31.4      Subd. 3.  [EVIDENCE.] The court may receive evidence on the 
 31.5   factors in this section to determine if the guidelines should be 
 31.6   exceeded or modified in a particular case. 
 31.7      Subd. 4.  [PAYMENTS ASSIGNED TO PUBLIC AUTHORITY.] If the 
 31.8   child support payments are assigned to the public authority 
 31.9   under section 256.741, the court may not deviate downward from 
 31.10  the child support guidelines unless the court specifically finds 
 31.11  that the failure to deviate downward would impose an extreme 
 31.12  hardship on the obligor. 
 31.13     Subd. 5.  [JOINT LEGAL CUSTODY.] An award of joint legal 
 31.14  custody is not a reason for deviation from the guidelines. 
 31.15     Subd. 6.  [SELF-SUPPORT LIMITATION.] If, after payment of 
 31.16  income and payroll taxes, the obligor can establish that they do 
 31.17  not have enough for the self-support reserve, a downward 
 31.18  deviation may be allowed. 
 31.19     Sec. 19.  [518.715] [WRITTEN FINDINGS.] 
 31.20     Subdivision 1.  [NO DEVIATION.] If the court does not 
 31.21  deviate from the guidelines, the court must make written 
 31.22  findings concerning the amount of the parties' income used as 
 31.23  the basis for the guidelines calculation and any other 
 31.24  significant evidentiary factors affecting the child support 
 31.25  determination. 
 31.26     Subd. 2.  [DEVIATION.] (a) If the court deviates from the 
 31.27  guidelines, the court must make written findings giving the 
 31.28  amount of support calculated under the guidelines, the reasons 
 31.29  for the deviation, must specifically address how the deviation 
 31.30  serves the best interests of the child; and 
 31.31     (b) Determine each parent's gross income.  
 31.32     Subd. 3.  [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 
 31.33  provisions of this section apply whether or not the parties are 
 31.34  each represented by independent counsel and have entered into a 
 31.35  written agreement.  The court must review stipulations presented 
 31.36  to it for conformity to the guidelines.  The court is not 
 32.1   required to conduct a hearing, but the parties must provide 
 32.2   sufficient documentation of gross income.  
 32.3      Sec. 20.  [518.716] [GUIDELINES REVIEW.] 
 32.4      No later than 2006 and every four years after that, the 
 32.5   Department of Human Services must conduct a review of the child 
 32.6   support guidelines. 
 32.7      Sec. 21.  [518.717] [NONJOINT CHILDREN.] 
 32.8      (a) When either or both parents of the joint child subject 
 32.9   to this determination are legally responsible for a nonjoint 
 32.10  child who resides in that parent's household, or a nonjoint 
 32.11  child to whom or on whose behalf a parent owes an ongoing child 
 32.12  support obligation under a court or administrative order, a 
 32.13  credit for this obligation shall be calculated under this 
 32.14  section.  
 32.15     (b) Determine the modified gross income for each parent by 
 32.16  subtracting from a parent's gross income the amount of any 
 32.17  spousal support a court orders that parent to pay, and adding to 
 32.18  a parent's gross income any spousal support the parent is 
 32.19  entitled to receive. 
 32.20     (c) Using the guideline as established in section 518.725, 
 32.21  determine the basic child support obligation for the nonjoint 
 32.22  child or children who actually reside in the parent's household, 
 32.23  by using the gross income of the parent for whom the credit is 
 32.24  being calculated, and using the number of nonjoint children 
 32.25  actually in the parent's immediate household.  If the number of 
 32.26  nonjoint children to be used for the determination is greater 
 32.27  than two, the determination shall be made using the number two 
 32.28  instead of the greater number. 
 32.29     (d) The credit for nonjoint children shall be 50 percent of 
 32.30  the guideline amount from paragraph (c), plus the amount of any 
 32.31  existing support order for other nonjoint children. 
 32.32     Sec. 22.  [518.718] [SOCIAL SECURITY OR VETERANS' BENEFIT 
 32.33  PAYMENTS RECEIVED ON BEHALF OF THE CHILD.] 
 32.34     (a) The amount of the monthly Social Security benefits or 
 32.35  apportioned veterans' benefits received by the child or on 
 32.36  behalf of the child shall be added to the gross income of the 
 33.1   parent for whom the disability or retirement benefit was paid. 
 33.2      (b) The amount of the monthly survivors' and dependents' 
 33.3   educational assistance received by the child or on behalf of the 
 33.4   child shall be added to the gross income of the parent for whom 
 33.5   the disability or retirement benefit was paid.  
 33.6      (c) If the Social Security or apportioned veterans' 
 33.7   benefits are paid on behalf of the obligor, and are received by 
 33.8   the obligee as a representative payee for the child or by the 
 33.9   child attending school, then the amount of the benefits may also 
 33.10  be subtracted from the obligor's net child support obligation as 
 33.11  calculated pursuant to section 518.713.  
 33.12     (d) If the survivors' and dependents' educational 
 33.13  assistance is paid on behalf of the obligor, and is received by 
 33.14  the obligee as a representative payee for the child or by the 
 33.15  child attending school, then the amount of the assistance shall 
 33.16  also be subtracted from the obligor's net child support 
 33.17  obligation as calculated pursuant to section 518.713.  
 33.18     Sec. 23.  [518.719] [MEDICAL SUPPORT.] 
 33.19     Subdivision 1.  [DEFINITIONS.] The definitions in this 
 33.20  subdivision apply to sections 518.712 to 518.773.  
 33.21     (a) "Health care coverage" means health care benefits that 
 33.22  are provided by a health plan.  Health care coverage does not 
 33.23  include any form of medical assistance under chapter 256B or 
 33.24  MinnesotaCare under chapter 256L. 
 33.25     (b) "Health carrier" means a carrier as defined in sections 
 33.26  62A.011, subdivision 2, and 62L.02, subdivision 16. 
 33.27     (c) "Health plan" means a plan meeting the definition under 
 33.28  section 62A.011, subdivision 3, a group health plan governed 
 33.29  under the federal Employee Retirement Income Security Act of 
 33.30  1974 (ERISA), a self-insured plan under sections 43A.23 to 
 33.31  43A.317 and 471.617, or a policy, contract, or certificate 
 33.32  issued by a community-integrated service network licensed under 
 33.33  chapter 62N.  Health plan includes plans: 
 33.34     (1) provided on an individual and group basis; 
 33.35     (2) provided by an employer or union; 
 33.36     (3) purchased in the private market; and 
 34.1      (4) available to a person eligible to carry insurance for 
 34.2   the joint child.  
 34.3   Health plan includes a plan providing for dependent-only dental 
 34.4   or vision coverage and a plan provided through a party's spouse 
 34.5   or parent. 
 34.6      (d) "Medical support" means providing health care coverage 
 34.7   for a joint child by carrying health care coverage for the joint 
 34.8   child or by contributing to the cost of health care coverage, 
 34.9   public coverage, unreimbursed medical expenses, and uninsured 
 34.10  medical expenses of the joint child. 
 34.11     (e) "National medical support notice" means an 
 34.12  administrative notice issued by the public authority to enforce 
 34.13  health insurance provisions of a support order in accordance 
 34.14  with Code of Federal Regulations, title 45, section 303.32, in 
 34.15  cases where the public authority provides support enforcement 
 34.16  services. 
 34.17     (f) "Public coverage" means health care benefits provided 
 34.18  by any form of medical assistance under chapter 256B or 
 34.19  MinnesotaCare under chapter 256L. 
 34.20     (g) "Uninsured medical expenses" means a joint child's 
 34.21  reasonable and necessary health-related expenses if the joint 
 34.22  child is not covered by a health plan or public coverage when 
 34.23  the expenses are incurred. 
 34.24     (h) "Unreimbursed medical expenses" means a joint child's 
 34.25  reasonable and necessary health-related expenses if a joint 
 34.26  child is covered by a health plan or public coverage and the 
 34.27  plan or coverage does not pay for the total cost of the expenses 
 34.28  when the expenses are incurred.  Unreimbursed medical expenses 
 34.29  do not include the cost of premiums.  Unreimbursed medical 
 34.30  expenses include, but are not limited to, deductibles, 
 34.31  co-payments, and expenses for orthodontia, and prescription 
 34.32  eyeglasses and contact lenses but not over-the-counter 
 34.33  medications. 
 34.34     Subd. 2.  [ORDER.] (a) A completed national medical support 
 34.35  notice issued by the public authority or a court order that 
 34.36  complies with this section is a qualified medical child support 
 35.1   order under the federal Employee Retirement Income Security Act 
 35.2   of 1974 (ERISA), United States Code, title 29, section 1169(a). 
 35.3      (b) Every order addressing child support must state: 
 35.4      (1) the names, last known addresses, and Social Security 
 35.5   numbers of the parents and the joint child that is a subject of 
 35.6   the order unless the court prohibits the inclusion of an address 
 35.7   or Social Security number and orders the parents to provide the 
 35.8   address and Social Security number to the administrator of the 
 35.9   health plan; 
 35.10     (2) whether appropriate health care coverage for the joint 
 35.11  child is available and, if so, state: 
 35.12     (i) which party must carry health care coverage; 
 35.13     (ii) the cost of premiums and how the cost is allocated 
 35.14  between the parties; 
 35.15     (iii) how unreimbursed expenses will be allocated and 
 35.16  collected by the parties; and 
 35.17     (iv) the circumstances, if any, under which the obligation 
 35.18  to provide health care coverage for the joint child will shift 
 35.19  from one party to the other; 
 35.20     (3) if appropriate health care coverage is not available 
 35.21  for the joint child, whether a contribution for medical support 
 35.22  is required; and 
 35.23     (4) whether the amount ordered for medical support is 
 35.24  subject to a cost-of-living adjustment under section 518.641. 
 35.25     Subd. 3.  [DETERMINING APPROPRIATE HEALTH CARE 
 35.26  COVERAGE.] (a) In determining whether a party has appropriate 
 35.27  health care coverage for the joint child, the court must 
 35.28  evaluate the health plan using the following factors: 
 35.29     (1) accessible coverage.  Dependent health care coverage is 
 35.30  accessible if the covered joint child can obtain services from a 
 35.31  health plan provider with reasonable effort by the parent with 
 35.32  whom the joint child resides.  Health care coverage is presumed 
 35.33  accessible if: 
 35.34     (i) primary care coverage is available within 30 minutes or 
 35.35  30 miles of the joint child's residence and specialty care 
 35.36  coverage is available within 60 minutes or 60 miles of the joint 
 36.1   child's residence; 
 36.2      (ii) the coverage is available through an employer and the 
 36.3   employee can be expected to remain employed for a reasonable 
 36.4   amount of time; and 
 36.5      (iii) no preexisting conditions exist to delay coverage 
 36.6   unduly; 
 36.7      (2) comprehensive coverage.  Dependent health care coverage 
 36.8   is comprehensive if it includes, at a minimum, medical and 
 36.9   hospital coverage and provides for preventive, emergency, acute, 
 36.10  and chronic care.  If both parties have health care coverage 
 36.11  that meets the minimum requirements, the court must determine 
 36.12  which health care coverage is more comprehensive by considering 
 36.13  whether the coverage includes: 
 36.14     (i) basic dental coverage; 
 36.15     (ii) orthodontia; 
 36.16     (iii) eyeglasses; 
 36.17     (iv) contact lenses; 
 36.18     (v) mental health services; or 
 36.19     (vi) substance abuse treatment; 
 36.20     (3) affordable coverage.  Dependent health care coverage is 
 36.21  affordable if it is reasonable in cost; and 
 36.22     (4) the joint child's special medical needs, if any. 
 36.23     (b) If both parties have health care coverage available for 
 36.24  a joint child, and the court determines under paragraph (a), 
 36.25  clauses (1) and (2), that the available coverage is comparable 
 36.26  with regard to accessibility and comprehensiveness, the least 
 36.27  costly health care coverage is the presumed appropriate health 
 36.28  care coverage for the joint child. 
 36.29     Subd. 4.  [ORDERING HEALTH CARE COVERAGE.] (a) If a joint 
 36.30  child is presently enrolled in health care coverage, the court 
 36.31  must order that the parent who currently has the joint child 
 36.32  enrolled continue that enrollment unless the parties agree 
 36.33  otherwise or a party requests a change in coverage and the court 
 36.34  determines that other health care coverage is more appropriate. 
 36.35     (b) If a joint child is not presently enrolled in health 
 36.36  care coverage, upon motion of a party or the public authority, 
 37.1   the court must determine whether one or both parties have 
 37.2   appropriate health care coverage for the joint child and order 
 37.3   the party with appropriate health care coverage available to 
 37.4   carry the coverage for the joint child. 
 37.5      (c) If only one party has appropriate health care coverage 
 37.6   available, the court must order that party to carry the coverage 
 37.7   for the joint child. 
 37.8      (d) If both parties have appropriate health care coverage 
 37.9   available, the court must order the parent with whom the joint 
 37.10  child resides to carry the coverage for the joint child, unless: 
 37.11     (1) either party expresses a preference for coverage 
 37.12  available through the parent with whom the joint child does not 
 37.13  reside; 
 37.14     (2) the parent with whom the joint child does not reside is 
 37.15  already carrying dependent health care coverage for other 
 37.16  children and the cost of contributing to the premiums of the 
 37.17  other parent's coverage would cause the parent with whom the 
 37.18  joint child does not reside extreme hardship; or 
 37.19     (3) the parents agree to provide coverage and agree on the 
 37.20  allocation of costs. 
 37.21     (e) If the exception in paragraph (d), clause (1) or (2), 
 37.22  applies, the court must determine which party has the most 
 37.23  appropriate coverage available and order that party to carry 
 37.24  coverage for the joint child.  If the court determines under 
 37.25  subdivision 3, paragraph (a), clauses (1) and (2), that the 
 37.26  parties' health care coverage for the joint child is comparable 
 37.27  with regard to accessibility and comprehensiveness, the court 
 37.28  must presume that the party with the least costly health care 
 37.29  coverage to carry coverage for the joint child. 
 37.30     (f) If neither party has appropriate health care coverage 
 37.31  available, the court must order the parents to: 
 37.32     (1) contribute toward the actual health care costs of the 
 37.33  joint children based on a pro rata share; or 
 37.34     (2) if the joint child is receiving any form of medical 
 37.35  assistance under chapter 256B or MinnesotaCare under chapter 
 37.36  256L, the parent with whom the joint child does not reside shall 
 38.1   contribute a monthly amount toward the actual cost of medical 
 38.2   assistance under chapter 256B or MinnesotaCare under chapter 
 38.3   256L.  The amount of the contribution of the noncustodial parent 
 38.4   is the amount the custodial parent would pay for the child's 
 38.5   premiums if the custodial parent's income meets the eligibility 
 38.6   requirements for public coverage.  For purposes of determining 
 38.7   the premium amount, a custodial parent's household size is equal 
 38.8   to the parent plus the child who is the subject of the child 
 38.9   support order.  The court may order the parent with whom the 
 38.10  child resides to apply for public coverage for the child. 
 38.11     (g) A presumption of no less than $50 per month must be 
 38.12  applied to the actual health care costs of the joint children or 
 38.13  to the cost of health care coverage.  
 38.14     (h) The commissioner of human services must publish a table 
 38.15  with the premium schedule for public coverage and update the 
 38.16  chart for changes to the schedule by July 1 of each year. 
 38.17     Subd. 5.  [MEDICAL SUPPORT COSTS; UNREIMBURSED AND 
 38.18  UNINSURED MEDICAL EXPENSES.] (a) Unless otherwise agreed to by 
 38.19  the parties and approved by the court, the court must order that 
 38.20  the cost of health care coverage and all unreimbursed and 
 38.21  uninsured medical expenses be divided between the obligor and 
 38.22  obligee based on their proportionate share of the parties' 
 38.23  combined monthly adjusted gross income. 
 38.24     (b) If a party owes a joint child support obligation for a 
 38.25  child and is ordered to carry health care coverage for the joint 
 38.26  child, and the other party is ordered to contribute to the 
 38.27  carrying party's cost for coverage, the carrying party's child 
 38.28  support payment must be reduced by the amount of the 
 38.29  contributing party's contribution. 
 38.30     (c) If a party owes a joint child support obligation for a 
 38.31  child and is ordered to contribute to the other party's cost for 
 38.32  carrying health care coverage for the joint child, the 
 38.33  contributing party's child support payment must be increased by 
 38.34  the amount of the contribution. 
 38.35     (d) If the party ordered to carry health care coverage for 
 38.36  the joint child already carries dependent health care coverage 
 39.1   for other dependents and would incur no additional premium costs 
 39.2   to add the joint child to the existing coverage, the court must 
 39.3   not order the other party to contribute to the premium costs for 
 39.4   coverage of the joint child. 
 39.5      (e) If a party ordered to carry health care coverage for 
 39.6   the joint child does not already carry dependent health care 
 39.7   coverage but has other dependents who may be added to the 
 39.8   ordered coverage, the full premium costs of the dependent health 
 39.9   care coverage must be allocated between the parties in 
 39.10  proportion to the party's share of the parties' combined income, 
 39.11  unless the parties agree otherwise. 
 39.12     (f) If a party ordered to carry health care coverage for 
 39.13  the joint child is required to enroll in a health plan so that 
 39.14  the joint child can be enrolled in dependent health care 
 39.15  coverage under the plan, the court must allocate the costs of 
 39.16  the dependent health care coverage between the parties.  The 
 39.17  costs of the health care coverage for the party ordered to carry 
 39.18  the coverage for the joint child must not be allocated between 
 39.19  the parties. 
 39.20     Subd. 6.  [NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER, 
 39.21  UNION, OR HEALTH CARRIER.] (a) The public authority must forward 
 39.22  a copy of the national medical support notice or court order for 
 39.23  health care coverage to the party's employer within two business 
 39.24  days after the date the party is entered into the work reporting 
 39.25  system under section 256.998. 
 39.26     (b) The public authority or a party seeking to enforce an 
 39.27  order for health care coverage must forward a copy of the 
 39.28  national medical support notice or court order to the obligor's 
 39.29  employer or union, or to the health carrier under the following 
 39.30  circumstances: 
 39.31     (1) the party ordered to carry health care coverage for the 
 39.32  joint child fails to provide written proof to the other party or 
 39.33  the public authority, within 30 days of the effective date of 
 39.34  the court order, that the party has applied for health care 
 39.35  coverage for the joint child; 
 39.36     (2) the party seeking to enforce the order or the public 
 40.1   authority gives written notice to the party ordered to carry 
 40.2   health care coverage for the joint child of its intent to 
 40.3   enforce medical support.  The party seeking to enforce the order 
 40.4   or public authority must mail the written notice to the last 
 40.5   known address of the party ordered to carry health care coverage 
 40.6   for the joint child; and 
 40.7      (3) the party ordered to carry health care coverage for the 
 40.8   joint child fails, within 15 days after the date on which the 
 40.9   written notice under clause (2) was mailed, to provide written 
 40.10  proof to the other party or the public authority that the party 
 40.11  has applied for health care coverage for the joint child. 
 40.12     (c) The public authority is not required to forward a copy 
 40.13  of the national medical support notice or court order to the 
 40.14  obligor's employer or union, or to the health carrier, if the 
 40.15  court orders health care coverage for the joint child that is 
 40.16  not employer-based or union-based coverage. 
 40.17     Subd. 7.  [EMPLOYER OR UNION REQUIREMENTS.] (a) An employer 
 40.18  or union must forward the national medical support notice or 
 40.19  court order to its health plan within 20 business days after the 
 40.20  date on the national medical support notice or after receipt of 
 40.21  the court order. 
 40.22     (b) Upon determination by an employer's or union's health 
 40.23  plan administrator that a joint child is eligible to be covered 
 40.24  under the health plan, the employer or union and health plan 
 40.25  must enroll the joint child as a beneficiary in the health plan, 
 40.26  and the employer must withhold any required premiums from the 
 40.27  income or wages of the party ordered to carry health care 
 40.28  coverage for the joint child. 
 40.29     (c) If enrollment of the party ordered to carry health care 
 40.30  coverage for a joint child is necessary to obtain dependent 
 40.31  health care coverage under the plan, and the party is not 
 40.32  enrolled in the health plan, the employer or union must enroll 
 40.33  the party in the plan. 
 40.34     (d) Enrollment of dependents and, if necessary, the party 
 40.35  ordered to carry health care coverage for the joint child must 
 40.36  be immediate and not dependent upon open enrollment periods. 
 41.1   Enrollment is not subject to the underwriting policies under 
 41.2   section 62A.048. 
 41.3      (e) Failure of the party ordered to carry health care 
 41.4   coverage for the joint child to execute any documents necessary 
 41.5   to enroll the dependent in the health plan does not affect the 
 41.6   obligation of the employer or union and health plan to enroll 
 41.7   the dependent in a plan.  Information and authorization provided 
 41.8   by the public authority, or by a party or guardian, is valid for 
 41.9   the purposes of meeting enrollment requirements of the health 
 41.10  plan. 
 41.11     (f) An employer or union that is included under the federal 
 41.12  Employee Retirement Income Security Act of 1974 (ERISA), United 
 41.13  States Code, title 29, section 1169(a), may not deny enrollment 
 41.14  to the joint child or to the parent if necessary to enroll the 
 41.15  joint child based on exclusionary clauses described in section 
 41.16  62A.048. 
 41.17     (g) A new employer or union of a party who is ordered to 
 41.18  provide health care coverage for a joint child must enroll the 
 41.19  joint child in the party's health plan as required by a national 
 41.20  medical support notice or court order. 
 41.21     Subd. 8.  [HEALTH PLAN REQUIREMENTS.] (a) If a health plan 
 41.22  administrator receives a completed national medical support 
 41.23  notice or court order, the plan administrator must notify the 
 41.24  parties, and the public authority if the public authority 
 41.25  provides support enforcement services, within 40 business days 
 41.26  after the date of the notice or after receipt of the court 
 41.27  order, of the following: 
 41.28     (1) whether coverage is available to the joint child under 
 41.29  the terms of the health plan and, if not, the reason why 
 41.30  coverage is not available; 
 41.31     (2) whether the joint child is covered under the health 
 41.32  plan; 
 41.33     (3) the effective date of the joint child's coverage under 
 41.34  the health plan; and 
 41.35     (4) what steps, if any, are required to effectuate the 
 41.36  joint child's coverage under the health plan. 
 42.1      (b) If the employer or union offers more than one plan and 
 42.2   the national medical support notice or court order does not 
 42.3   specify the plan to be carried, the plan administrator must 
 42.4   notify the parents and the public authority if the public 
 42.5   authority provides support enforcement services.  When there is 
 42.6   more than one option available under the plan, the public 
 42.7   authority, in consultation with the parent with whom the joint 
 42.8   child resides, must promptly select from available plan options. 
 42.9      (c) The plan administrator must provide the parents and 
 42.10  public authority, if the public authority provides support 
 42.11  enforcement services, with a notice of the joint child's 
 42.12  enrollment, description of the coverage, and any documents 
 42.13  necessary to effectuate coverage. 
 42.14     (d) The health plan must send copies of all correspondence 
 42.15  regarding the health care coverage to the parents. 
 42.16     (e) An insured joint child's parent's signature is a valid 
 42.17  authorization to a health plan for purposes of processing an 
 42.18  insurance reimbursement payment to the medical services provider 
 42.19  or to the parent, if medical services have been prepaid by that 
 42.20  parent. 
 42.21     Subd. 9.  [EMPLOYER OR UNION LIABILITY.] (a) An employer or 
 42.22  union that willfully fails to comply with the order or notice is 
 42.23  liable for any uninsured medical expenses incurred by the 
 42.24  dependents while the dependents were eligible to be enrolled in 
 42.25  the health plan and for any other premium costs incurred because 
 42.26  the employer or union willfully failed to comply with the order 
 42.27  or notice. 
 42.28     (b) An employer or union that fails to comply with the 
 42.29  order or notice is subject to a contempt finding, a $250 civil 
 42.30  penalty under section 518.615, and is subject to a civil penalty 
 42.31  of $500 to be paid to the party entitled to reimbursement or the 
 42.32  public authority.  Penalties paid to the public authority are 
 42.33  designated for child support enforcement services. 
 42.34     Subd. 10.  [CONTESTING ENROLLMENT.] (a) A party may contest 
 42.35  a joint child's enrollment in a health plan on the limited 
 42.36  grounds that the enrollment is improper due to mistake of fact 
 43.1   or that the enrollment meets the requirements of section 518.145.
 43.2      (b) If the party chooses to contest the enrollment, the 
 43.3   party must do so no later than 15 days after the employer 
 43.4   notifies the party of the enrollment by doing the following: 
 43.5      (1) filing a motion in district court or according to 
 43.6   section 484.702 and the expedited child support process rules if 
 43.7   the public authority provides support enforcement services; 
 43.8      (2) serving the motion on the other party and public 
 43.9   authority if the public authority provides support enforcement 
 43.10  services; and 
 43.11     (3) securing a date for the matter to be heard no later 
 43.12  than 45 days after the notice of enrollment. 
 43.13     (c) The enrollment must remain in place while the party 
 43.14  contests the enrollment. 
 43.15     Subd. 11.  [DISENROLLMENT; CONTINUATION OF COVERAGE; 
 43.16  COVERAGE OPTIONS.] (a) Unless a court order provides otherwise, 
 43.17  a child for whom a party is required to provide health care 
 43.18  coverage under this section must be covered as a dependent of 
 43.19  the party until the child is emancipated, until further order of 
 43.20  the court, or as consistent with the terms of the coverage. 
 43.21     (b) The health carrier, employer, or union may not 
 43.22  disenroll or eliminate coverage for the child unless: 
 43.23     (1) the health carrier, employer, or union is provided 
 43.24  satisfactory written evidence that the court order is no longer 
 43.25  in effect; 
 43.26     (2) the joint child is or will be enrolled in comparable 
 43.27  health care coverage through another health plan that will take 
 43.28  effect no later than the effective date of the disenrollment; 
 43.29     (3) the employee is no longer eligible for dependent 
 43.30  coverage; or 
 43.31     (4) the required premium has not been paid by or on behalf 
 43.32  of the joint child. 
 43.33     (c) The health plan must provide 30 days' written notice to 
 43.34  the joint child's parents, and the public authority if the 
 43.35  public authority provides support enforcement services, before 
 43.36  the health plan disenrolls or eliminates the joint child's 
 44.1   coverage. 
 44.2      (d) A joint child enrolled in health care coverage under a 
 44.3   qualified medical child support order, including a national 
 44.4   medical support notice, under this section is a dependent and a 
 44.5   qualified beneficiary under the Consolidated Omnibus Budget and 
 44.6   Reconciliation Act of 1985 (COBRA), Public Law 99-272.  Upon 
 44.7   expiration of the order, the joint child is entitled to the 
 44.8   opportunity to elect continued coverage that is available under 
 44.9   the health plan.  The employer or union must provide notice to 
 44.10  the parties and the public authority, if it provides support 
 44.11  services, within ten days of the termination date. 
 44.12     (e) If the public authority provides support enforcement 
 44.13  services and a plan administrator reports to the public 
 44.14  authority that there is more than one coverage option available 
 44.15  under the health plan, the public authority, in consultation 
 44.16  with the parent with whom the joint child resides, must promptly 
 44.17  select coverage from the available options. 
 44.18     Subd. 12.  [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court 
 44.19  must require the parent with whom the joint child does not 
 44.20  reside to provide dependent health care coverage for the benefit 
 44.21  of the parent with whom the joint child resides if the parent is 
 44.22  ordered to provide dependent health care coverage for the 
 44.23  parties' joint child and adding the other parent to the coverage 
 44.24  results in no additional premium cost. 
 44.25     Subd. 13.  [DISCLOSURE OF INFORMATION.] (a) If the public 
 44.26  authority provides support enforcement services, the parties 
 44.27  must provide the public authority with the following information:
 44.28     (1) information relating to dependent health care coverage 
 44.29  or public coverage available for the benefit of the joint child 
 44.30  for whom support is sought, including all information required 
 44.31  to be included in a medical support order under this section; 
 44.32     (2) verification that application for court-ordered health 
 44.33  care coverage was made within 30 days of the court's order; and 
 44.34     (3) the reason that a joint child is not enrolled in 
 44.35  court-ordered health care coverage, if a joint child is not 
 44.36  enrolled in coverage or subsequently loses coverage. 
 45.1      (b) Upon request from the public authority under section 
 45.2   256.978, an employer, union, or plan administrator, including an 
 45.3   employer subject to the federal Employee Retirement Income 
 45.4   Security Act of 1974 (ERISA), United States Code, title 29, 
 45.5   section 1169(a), must provide the public authority the following 
 45.6   information: 
 45.7      (1) information relating to dependent health care coverage 
 45.8   available to a party for the benefit of the joint child for whom 
 45.9   support is sought, including all information required to be 
 45.10  included in a medical support order under this section; and 
 45.11     (2) information that will enable the public authority to 
 45.12  determine whether a health plan is appropriate for a joint 
 45.13  child, including, but not limited to, all available plan 
 45.14  options, any geographic service restrictions, and the location 
 45.15  of service providers. 
 45.16     (c) The employer, union, or plan administrator must not 
 45.17  release information regarding one party to the other party.  The 
 45.18  employer, union, or plan administrator must provide both parties 
 45.19  with insurance identification cards and all necessary written 
 45.20  information to enable the parties to utilize the insurance 
 45.21  benefits for the covered dependent. 
 45.22     (d) The public authority is authorized to release to a 
 45.23  party's employer, union, or health plan information necessary to 
 45.24  verify availability of dependent health care coverage, or to 
 45.25  establish, modify, or enforce medical support. 
 45.26     (e) An employee must disclose to an employer if medical 
 45.27  support is required to be withheld under this section and the 
 45.28  employer must begin withholding according to the terms of the 
 45.29  order and under section 518.6111.  If an employee discloses an 
 45.30  obligation to obtain health care coverage and coverage is 
 45.31  available through the employer, the employer must make all 
 45.32  application processes known to the individual and enroll the 
 45.33  employee and dependent in the plan. 
 45.34     Subd. 14.  [CHILD SUPPORT ENFORCEMENT SERVICES.] The public 
 45.35  authority must take necessary steps to establish and enforce an 
 45.36  order for medical support if the joint child receives public 
 46.1   assistance or a party completes an application for services from 
 46.2   the public authority under section 518.551, subdivision 7.  
 46.3      Subd. 15.  [ENFORCEMENT.] (a) Remedies available for 
 46.4   collecting and enforcing child support apply to medical support. 
 46.5      (b) For the purpose of enforcement, the following are 
 46.6   additional support: 
 46.7      (1) the costs of individual or group health or 
 46.8   hospitalization coverage; 
 46.9      (2) dental coverage; 
 46.10     (3) medical costs ordered by the court to be paid by either 
 46.11  party, including health and dental insurance premiums paid by 
 46.12  the obligee because of the obligor's failure to obtain coverage 
 46.13  as ordered; and 
 46.14     (4) liabilities established under this subdivision. 
 46.15     (c) A party who fails to carry court-ordered dependent 
 46.16  health care coverage is liable for the joint child's uninsured 
 46.17  medical expenses unless a court order provides otherwise.  A 
 46.18  party's failure to carry court-ordered coverage, or to provide 
 46.19  other medical support as ordered, is a basis for modification of 
 46.20  a support order under section 518.64, subdivision 2.  
 46.21     (d) Payments by the health carrier or employer for services 
 46.22  rendered to the dependents that are directed to a party not owed 
 46.23  reimbursement must be endorsed over to and forwarded to the 
 46.24  vendor or appropriate party or the public authority.  A party 
 46.25  retaining insurance reimbursement not owed to the party is 
 46.26  liable for the amount of the reimbursement. 
 46.27     Subd. 16.  [INCOME WITHHOLDING; OFFSET.] (a) If a party 
 46.28  owes no joint child support obligation for a child and is an 
 46.29  obligor ordered to contribute to the other party's cost for 
 46.30  carrying health care coverage for the joint child, the obligor 
 46.31  is subject to an offset under subdivision 5 or income 
 46.32  withholding under section 518.6111. 
 46.33     (b) If a party's court-ordered health care coverage for the 
 46.34  joint child terminates and the joint child is not enrolled in 
 46.35  other health care coverage or public coverage, and a 
 46.36  modification motion is not pending, the public authority may 
 47.1   remove the offset to a party's child support obligation or 
 47.2   terminate income withholding instituted against a party under 
 47.3   section 518.6111.  The public authority must provide notice to 
 47.4   the parties of the action. 
 47.5      (c) A party may contest the public authority's action to 
 47.6   remove the offset to the child support obligation or terminate 
 47.7   income withholding if the party makes a written request for a 
 47.8   hearing within 30 days after receiving written notice.  If a 
 47.9   party makes a timely request for a hearing, the public authority 
 47.10  must schedule a hearing and send written notice of the hearing 
 47.11  to the parties by mail to the parties' last known addresses at 
 47.12  least 14 days before the hearing.  The hearing must be conducted 
 47.13  in district court or in the expedited child support process if 
 47.14  section 484.702 applies.  The district court or child support 
 47.15  magistrate must determine whether removing the offset or 
 47.16  terminating income withholding is appropriate and, if 
 47.17  appropriate, the effective date for the removal or termination. 
 47.18     (d) If the party does not request a hearing, the district 
 47.19  court or child support magistrate must order the offset or 
 47.20  income withholding termination effective the first day of the 
 47.21  month following termination of the joint child's health care 
 47.22  coverage. 
 47.23     Subd. 17.  [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL 
 47.24  EXPENSES.] (a) A party must initiate a request for reimbursement 
 47.25  of unreimbursed and uninsured medical expenses within two years 
 47.26  of the date that the party incurred the unreimbursed or 
 47.27  uninsured medical expenses.  The time period in this paragraph 
 47.28  does not apply if the location of the other party is unknown. 
 47.29     (b) A party seeking reimbursement of unreimbursed and 
 47.30  uninsured medical expenses must mail a written notice of intent 
 47.31  to collect the expenses and a copy of an affidavit of health 
 47.32  care expenses to the other party at the other party's last known 
 47.33  address. 
 47.34     (c) The written notice must include a statement that the 
 47.35  party has 30 days from the date the notice was mailed to (1) pay 
 47.36  in full; (2) enter a payment agreement; or (3) file a motion 
 48.1   requesting a hearing contesting the matter.  If the public 
 48.2   authority provides support enforcement services, the written 
 48.3   notice also must include a statement that the requesting party 
 48.4   must submit the amount due to the public authority for 
 48.5   collection. 
 48.6      (d) The affidavit of health care expenses must itemize and 
 48.7   document the joint child's unreimbursed or uninsured medical 
 48.8   expenses and include copies of all bills, receipts, and 
 48.9   insurance company explanations of benefits. 
 48.10     (e) If the public authority provides support enforcement 
 48.11  services, the party seeking reimbursement must send to the 
 48.12  public authority a copy of the written notice, the original 
 48.13  affidavit, and copies of all bills, receipts, and insurance 
 48.14  company explanations of benefits. 
 48.15     (f) If the party does not respond to the request for 
 48.16  reimbursement within 30 days, the party seeking reimbursement or 
 48.17  public authority, if the public authority provides support 
 48.18  enforcement services, must commence an enforcement action 
 48.19  against the party under subdivision 18. 
 48.20     (g) The public authority must serve the other party with a 
 48.21  notice of intent to enforce unreimbursed and uninsured medical 
 48.22  expenses and file an affidavit of service by mail with the 
 48.23  district court administrator.  The notice must state that, 
 48.24  unless the party (1) pays in full; (2) enters into a payment 
 48.25  agreement; or (3) files a motion contesting the matter within 14 
 48.26  days of service of the notice, the public authority will 
 48.27  commence enforcement of the expenses as medical support arrears 
 48.28  under subdivision 18. 
 48.29     (h) If the party files a timely motion for a hearing 
 48.30  contesting the requested reimbursement, the contesting party 
 48.31  must schedule a hearing in district court or in the expedited 
 48.32  child support process if section 484.702 applies.  The 
 48.33  contesting party must provide the party seeking reimbursement 
 48.34  and the public authority, if the public authority provides 
 48.35  support enforcement services, with written notice of the hearing 
 48.36  at least 14 days before the hearing by mailing notice of the 
 49.1   hearing to the public authority and the party at the party's 
 49.2   last known address.  The party seeking reimbursement must file 
 49.3   the original affidavit of health care expenses with the court at 
 49.4   least five days before the hearing.  Based upon the evidence 
 49.5   presented, the district court or child support magistrate must 
 49.6   determine liability for the expenses and order that the liable 
 49.7   party is subject to enforcement of the expenses as medical 
 49.8   support arrears under subdivision 18. 
 49.9      Subd. 18.  [ENFORCING AN ORDER FOR MEDICAL SUPPORT 
 49.10  ARREARS.] (a) If a party liable for unreimbursed and uninsured 
 49.11  medical expenses owes a child support obligation to the party 
 49.12  seeking reimbursement of the expenses, the expenses must be 
 49.13  collected as medical support arrears. 
 49.14     (b) If a party liable for unreimbursed and uninsured 
 49.15  medical expenses does not owe a child support obligation to the 
 49.16  party seeking reimbursement, and the party seeking reimbursement 
 49.17  owes the liable party basic support arrears, the liable party's 
 49.18  medical support arrears must be deducted from the amount of the 
 49.19  basic support arrears.  
 49.20     (c) If a liable party owes medical support arrears after 
 49.21  deducting the amount owed from the amount of the child support 
 49.22  arrears owed by the party seeking reimbursement, it must be 
 49.23  collected as follows: 
 49.24     (1) if the party seeking reimbursement owes a child support 
 49.25  obligation to the liable party, the child support obligation 
 49.26  must be reduced by 20 percent until the medical support arrears 
 49.27  are satisfied; 
 49.28     (2) if the party seeking reimbursement does not owe a child 
 49.29  support obligation to the liable party, the liable party's 
 49.30  income must be subject to income withholding under section 
 49.31  518.6111 for an amount required under section 518.553 until the 
 49.32  medical support arrears are satisfied; or 
 49.33     (3) if the party seeking reimbursement does not owe a child 
 49.34  support obligation, and income withholding under section 
 49.35  518.6111 is not available, payment of the medical support 
 49.36  arrears must be required under a payment agreement under section 
 50.1   518.553. 
 50.2      (d) If a liable party fails to enter into or comply with a 
 50.3   payment agreement, the party seeking reimbursement or the public 
 50.4   authority, if it provides support enforcement services, may 
 50.5   schedule a hearing to have a court order payment.  The party 
 50.6   seeking reimbursement or the public authority must provide the 
 50.7   liable party with written notice of the hearing at least 14 days 
 50.8   before the hearing. 
 50.9      Sec. 24.  [518.72] [CHILD CARE SUPPORT.] 
 50.10     Subdivision 1.  [CHILD CARE COSTS.] Unless otherwise agreed 
 50.11  to by the parties and approved by the court, the court must 
 50.12  order that work-related or education-related child care costs of 
 50.13  joint children be divided between the obligor and obligee based 
 50.14  on their proportionate share of the parties' combined monthly 
 50.15  adjusted gross income.  Child care costs shall be adjusted by 
 50.16  the amount of the estimated federal and state child care credit 
 50.17  payable on behalf of a joint child.  The Department of Human 
 50.18  Services shall develop tables to calculate the applicable credit 
 50.19  based upon the custodial parent's adjusted gross income.  
 50.20     Subd. 2.  [LOW-INCOME OBLIGOR.] (a) If the obligor's 
 50.21  adjusted gross income meets the income eligibility requirements 
 50.22  for child care assistance under the basic sliding fee program 
 50.23  under chapter 119B, the court must order the obligor to pay the 
 50.24  lesser of the following amounts: 
 50.25     (1) the amount of the obligor's monthly co-payment for 
 50.26  child care assistance under the basic sliding fee schedule 
 50.27  established by the commissioner of education under chapter 119B, 
 50.28  based on an obligor's monthly adjusted gross income and the size 
 50.29  of the obligor's household provided that the obligee is actually 
 50.30  receiving child care assistance under the basic sliding fee 
 50.31  program.  For purposes of this subdivision, the obligor's 
 50.32  household includes the obligor and the number of joint children 
 50.33  for whom child support is being ordered; or 
 50.34     (2) the amount of the obligor's child care obligation under 
 50.35  subdivision 1. 
 50.36     (b) The commissioner of human services must publish a table 
 51.1   with the child care assistance basic sliding fee amounts and 
 51.2   update the table for changes to the basic sliding fee schedule 
 51.3   by July 1 of each year. 
 51.4      Subd. 3.  [DETERMINING COSTS.] (a) The court must require 
 51.5   verification of employment or school attendance and 
 51.6   documentation of child care expenses from the obligee and the 
 51.7   public authority, if applicable. 
 51.8      (b) If child care expenses fluctuate during the year 
 51.9   because of the obligee's seasonal employment or school 
 51.10  attendance or extended periods of parenting time with the 
 51.11  obligor, the court must determine child care expenses based on 
 51.12  an average monthly cost. 
 51.13     (c) The amount allocated for child care expenses is 
 51.14  considered child support but is not subject to a cost-of-living 
 51.15  adjustment under section 518.641. 
 51.16     (d) The court may allow the parent with whom the joint 
 51.17  child does not reside to care for the joint child while the 
 51.18  parent with whom the joint child resides is working or attending 
 51.19  school, as provided in section 518.175, subdivision 8.  Allowing 
 51.20  the parent with whom the joint child does not reside to care for 
 51.21  the joint child under section 518.175, subdivision 8, is not a 
 51.22  reason to deviate from the guidelines. 
 51.23     Subd. 4.  [CHANGE IN CHILD CARE.] (a) When a court order 
 51.24  provides for child care expenses and the public authority 
 51.25  provides child support enforcement services, the public 
 51.26  authority must suspend collecting the amount allocated for child 
 51.27  care expenses when: 
 51.28     (1) either party informs the public authority that no child 
 51.29  care costs are being incurred; and 
 51.30     (2) the public authority verifies the accuracy of the 
 51.31  information with the other party.  
 51.32  The public authority will resume collecting child care expenses 
 51.33  when either party provides information that child care costs 
 51.34  have resumed. 
 51.35     (b) If the parties provide conflicting information to the 
 51.36  public authority regarding whether child care expenses are being 
 52.1   incurred, the public authority will continue or resume 
 52.2   collecting child care expenses.  Either party, by motion to the 
 52.3   court, may challenge the suspension or resumption of the 
 52.4   collection of child care expenses.  If the public authority 
 52.5   suspends collection activities for the amount allocated for 
 52.6   child care expenses, all other provisions of the court order 
 52.7   remain in effect. 
 52.8      (c) In cases where there is a substantial increase or 
 52.9   decrease in child care expenses, the parties may modify the 
 52.10  order under section 518.64. 
 52.11     Sec. 25.  [518.722] [PARENTING EXPENSE ADJUSTMENT.] 
 52.12     (a) This section shall apply when the amount of parenting 
 52.13  time granted to an obligor is ten percent or greater.  Every 
 52.14  child support order shall specify the total percent of parenting 
 52.15  time granted to each parent. 
 52.16     (b) The obligor shall be entitled to a parenting expense 
 52.17  adjustment calculated as follows: 
 52.18     (1) find the adjustment percentage corresponding to the 
 52.19  percentage of parenting time allowed to the obligor below:  
 52.20           Percentage Range of               Adjustment
 52.21           Parenting Time                    Percentage
 52.22  (i)      less than 10 percent              no adjustment
 52.23  (ii)     10 percent to 45 percent          12 percent
 52.24  (iii)    45.1 percent to 50 percent        presume parenting
 52.25                                             time is equal
 52.26     (2) multiply the adjustment percentage by the obligor's 
 52.27  basic child support obligation to arrive at the parenting 
 52.28  expense adjustment.  
 52.29     (c) Subtract the parenting expense adjustment from the 
 52.30  obligor's basic child support obligation.  The result is the 
 52.31  obligor's obligation after parenting expense adjustment.  
 52.32     (d) If the parenting time is equal, the expenses for the 
 52.33  children are equally shared, and the adjusted gross incomes of 
 52.34  the parents also are equal, no support shall be paid. 
 52.35     (e) If the parenting time is equal but the parents' 
 52.36  adjusted gross incomes are not equal, the parent having the 
 53.1   greater adjusted gross income shall be obligated for basic child 
 53.2   support, calculated as follows: 
 53.3      (1) multiply the combined basic support by 1.5; 
 53.4      (2) prorate the basic child support obligation between the 
 53.5   parents, subtract the lower amount from the higher amount and 
 53.6   divide the balance in half; and 
 53.7      (3) the resulting figure is the obligation after parenting 
 53.8   expense adjustment for the parent with the greater adjusted 
 53.9   gross income.  
 53.10     (f) This parenting expense adjustment reflects the 
 53.11  presumption that while exercising parenting time, a parent is 
 53.12  responsible for and incurs costs of caring for the child, 
 53.13  including, but not limited to, food, transportation, recreation, 
 53.14  and household expenses. 
 53.15     Sec. 26.  [518.724] [ABILITY TO PAY; SELF-SUPPORT 
 53.16  ADJUSTMENT.] 
 53.17     It is a rebuttable presumption that a child support order 
 53.18  should not exceed the obligor's ability to pay.  To determine 
 53.19  the amount of child support the obligor has the ability to pay, 
 53.20  follow the procedure set out in this section: 
 53.21     (1) calculate the obligor's income available for support by 
 53.22  subtracting a monthly self-support reserve equal to the percent 
 53.23  of the federal poverty guidelines used to determine the MFIP 
 53.24  transitional standard for one person from the obligor's gross 
 53.25  income; 
 53.26     (2) compare the obligor's income available for support to 
 53.27  the amount of support calculated as per section 518.713, clauses 
 53.28  (1) to (15).  The amount of child support that is presumed to be 
 53.29  correct as defined in section 518.713 is the lesser of these two 
 53.30  amounts; 
 53.31     (3) this section does not apply to an incarcerated obligor; 
 53.32     (4) if the obligor's child support is reduced under clause 
 53.33  (2), then the court must apply the reduction to the child 
 53.34  support obligation in the following order: 
 53.35     (i) medical support obligation; 
 53.36     (ii) child support obligation; and 
 54.1      (iii) basic support obligation; and 
 54.2      (5) [MINIMUM BASIC SUPPORT AMOUNT.] if the obligor's income 
 54.3   available for support is less than the self-support reserve, 
 54.4   then the court must order minimum support as follows: 
 54.5      (i) for one or two children, the obligor's basic support 
 54.6   obligation is $50 per month; 
 54.7      (ii) for three or four children, the obligor's basic 
 54.8   support obligation is $75 per month; and 
 54.9      (iii) for five or more children, the obligor's basic 
 54.10  support obligation is $100 per month. 
 54.11  If the court orders the obligor to pay the minimum basic support 
 54.12  amount under this paragraph, the obligor is presumed unable to 
 54.13  pay child care support and medical support. 
 54.14  If the court finds the obligor receives no income and completely 
 54.15  lacks the ability to earn income, the minimum basic support 
 54.16  amount under this paragraph does not apply. 
 54.17     Sec. 27.  [518.725] [GUIDELINE USED IN CHILD SUPPORT 
 54.18  DETERMINATIONS.] 
 54.19     Subdivision 1.  [DETERMINATION OF SUPPORT OBLIGATION.] (a) 
 54.20  The guideline in this section is a rebuttable presumption and 
 54.21  shall be used in any judicial or administrative proceeding to 
 54.22  establish or modify a support obligation under chapter 518. 
 54.23     (b) The basic child support obligation shall be determined 
 54.24  by referencing the guideline for the appropriate number of joint 
 54.25  children and the combined adjusted gross income of the parents. 
 54.26     (c) If a child is not in the custody of either parent and a 
 54.27  support order is sought against one or both parents, the basic 
 54.28  child support obligation shall be determined by referencing the 
 54.29  guideline for the appropriate number of joint children, and the 
 54.30  parent's individual adjusted gross income, not the combined 
 54.31  adjusted gross income of the parents.  
 54.32     (d) For combined adjusted gross incomes exceeding $15,000 
 54.33  per month, the presumed basic child support obligations shall be 
 54.34  as for parents with combined adjusted gross income of $15,000 
 54.35  per month.  A basic child support obligation in excess of this 
 54.36  level may be demonstrated for those reasons set forth in section 
 55.1   518.714.  
 55.2      Subd. 2.  [BASIC SUPPORT; GUIDELINE.] Unless otherwise 
 55.3   agreed to by the parents and approved by the court, when 
 55.4   establishing basic support, the court must order that basic 
 55.5   support be divided between the parents based on their 
 55.6   proportionate share of the parents' combined monthly income, as 
 55.7   determined under section 518.713.  Basic support must be 
 55.8   computed using the following guideline: 
 55.9   Parents'               Number of Children
 55.10  Combined Adjusted 
 55.11  Gross Income     One    Two    Three  Four   Five   Six
 55.12      $0-  $799    $50    $50    $75    $75   $100   $100
 55.13     800-   899     80    129    149    173    201    233
 55.14     900-   999     90    145    167    194    226    262
 55.15   1,000- 1,099    116    161    186    216    251    291
 55.16   1,100- 1,199    145    205    237    275    320    370
 55.17   1,200- 1,299    177    254    294    341    396    459
 55.18   1,300- 1,399    212    309    356    414    480    557
 55.19   1,400- 1,499    251    368    425    493    573    664
 55.20   1,500- 1,599    292    433    500    580    673    780
 55.21   1,600- 1,699    337    502    580    673    781    905
 55.22   1,700- 1,799    385    577    666    773    897  1,040
 55.23   1,800- 1,899    436    657    758    880  1,021  1,183
 55.24   1,900- 1,999    490    742    856    994  1,152  1,336
 55.25   2,000- 2,099    516    832    960  1,114  1,292  1,498
 55.26   2,100- 2,199    528    851    981  1,139  1,320  1,531
 55.27   2,200- 2,299    538    867  1,000  1,160  1,346  1,561
 55.28   2,300- 2,399    546    881  1,016  1,179  1,367  1,586
 55.29   2,400- 2,499    554    893  1,029  1,195  1,385  1,608
 55.30   2,500- 2,599    560    903  1,040  1,208  1,400  1,625
 55.31   2,600- 2,699    570    920  1,060  1,230  1,426  1,655
 55.32   2,700- 2,799    580    936  1,078  1,251  1,450  1,683
 55.33   2,800- 2,899    589    950  1,094  1,270  1,472  1,707
 55.34   2,900- 2,999    596    963  1,109  1,287  1,492  1,730
 55.35   3,000- 3,099    603    975  1,122  1,302  1,509  1,749
 55.36   3,100- 3,199    613    991  1,141  1,324  1,535  1,779
 55.37   3,200- 3,299    623  1,007  1,158  1,344  1,558  1,807
 56.1    3,300- 3,399    632  1,021  1,175  1,363  1,581  1,833
 56.2    3,400- 3,499    640  1,034  1,190  1,380  1,601  1,857
 56.3    3,500- 3,599    648  1,047  1,204  1,397  1,621  1,880
 56.4    3,600- 3,699    657  1,062  1,223  1,418  1,646  1,909
 56.5    3,700- 3,799    667  1,077  1,240  1,439  1,670  1,937
 56.6    3,800- 3,899    676  1,018  1,257  1,459  1,693  1,963
 56.7    3,900- 3,999    684  1,104  1,273  1,478  1,715  1,988
 56.8    4,000- 4,099    692  1,116  1,288  1,496  1,736  2,012
 56.9    4,100- 4,199    701  1,132  1,305  1,516  1,759  2,039
 56.10   4,200- 4,299    710  1,147  1,322  1,536  1,781  2,064
 56.11   4,300- 4,399    718  1,161  1,338  1,554  1,802  2,088
 56.12   4,400- 4,499    726  1,175  1,353  1,572  1,822  2,111
 56.13   4,500- 4,599    734  1,184  1,368  1,589  1,841  2,133
 56.14   4,600- 4,699    743  1,200  1,386  1,608  1,864  2,160
 56.15   4,700- 4,799    753  1,215  1,402  1,627  1,887  2,186
 56.16   4,800- 4,899    762  1,231  1,419  1,645  1,908  2,212
 56.17   4,900- 4,999    771  1,246  1,435  1,663  1,930  2,236
 56.18   5,000- 5,099    780  1,260  1,450  1,680  1,950  2,260
 56.19   5,100- 5,199    788  1,275  1,468  1,701  1,975  2,289
 56.20   5,200- 5,299    797  1,290  1,485  1,722  1,999  2,317
 56.21   5,300- 5,399    805  1,304  1,502  1,743  2,022  2,345
 56.22   5,400- 5,499    812  1,318  1,518  1,763  2,046  2,372
 56.23   5,500- 5,599    820  1,331  1,535  1,782  2,068  2,398
 56.24   5,600- 5,699    829  1,346  1,551  1,801  2,090  2,424
 56.25   5,700- 5,799    838  1,357  1,568  1,819  2,111  2,449
 56.26   5,800- 5,899    847  1,376  1,583  1,837  2,132  2,473
 56.27   5,900- 5,999    856  1,390  1,599  1,855  2,152  2,497
 56.28   6,000- 6,099    864  1,404  1,614  1,872  2,172  2,520
 56.29   6,100- 6,199    874  1,419  1,631  1,892  2,195  2,546
 56.30   6,200- 6,299    883  1,433  1,645  1,912  2,217  2,572
 56.31   6,300- 6,399    892  1,448  1,664  1,932  2,239  2,597
 56.32   6,400- 6,499    901  1,462  1,682  1,951  2,260  2,621
 56.33   6,500- 6,599    910  1,476  1,697  1,970  2,282  2,646
 56.34   6,600- 6,699    919  1,490  1,713  1,989  2,305  2,673
 56.35   6,700- 6,799    927  1,505  1,730  2,009  2,328  2,700
 56.36   6,800- 6,899    936  1,519  1,746  2,028  2,350  2,727
 57.1    6,900- 6,999    944  1,533  1,762  2,047  2,379  2,753
 57.2    7,000- 7,099    952  1,547  1,778  2,065  2,394  2,779
 57.3    7,100- 7,199    961  1,561  1,795  2,085  2,417  2,805
 57.4    7,200- 7,299    971  1,574  1,812  2,104  2,439  2,830
 57.5    7,300- 7,399    980  1,587  1,828  2,123  2,462  2,854
 57.6    7,400- 7,499    989  1,600  1,844  2,142  2,483  2,879
 57.7    7,500- 7,599    998  1,613  1,860  2,160  2,505  2,903
 57.8    7,600- 7,699  1,006  1,628  1,877  2,180  2,528  2,929
 57.9    7,700- 7,799  1,015  1,643  1,894  2,199  2,550  2,955
 57.10   7,800- 7,899  1,023  1,658  1,911  2,218  2,572  2,981
 57.11   7,900- 7,999  1,032  1,673  1,928  2,237  2,594  3,007
 57.12   8,000- 8,099  1,040  1,688  1,944  2,256  2,616  3,032
 57.13   8,100- 8,199  1,048  1,703  1,960  2,274  2,637  3,057
 57.14   8,200- 8,299  1,056  1,717  1,976  2,293  2,658  3,082
 57.15   8,300- 8,399  1,064  1,731  1,992  2,311  2,679  3,106
 57.16   8,400- 8,499  1,072  1,746  2,008  2,328  2,700  3,130
 57.17   8,500- 8,599  1,080  1,760  2,023  2,346  2,720  3,154
 57.18   8,600- 8,699  1,092  1,780  2,047  2,374  2,752  3,191
 57.19   8,700- 8,799  1,105  1,801  2,071  2,401  2,784  3,228
 57.20   8,800- 8,899  1,118  1,822  2,094  2,429  2,816  3,265
 57.21   8,900- 8,999  1,130  1,842  2,118  2,456  2,848  3,302
 57.22   9,000- 9,099  1,143  1,863  2,142  2,484  2,880  3,339
 57.23   9,100- 9,199  1,156  1,884  2,166  2,512  2,912  3,376
 57.24   9,200- 9,299  1,168  1,904  2,190  2,539  2,944  3,413
 57.25   9,300- 9,399  1,181  1,925  2,213  2,567  2,976  3,450
 57.26   9,400- 9,499  1,194  1,946  2,237  2,594  3,008  3,487
 57.27   9,500- 9,599  1,207  1,967  2,261  2,622  3,040  3,525
 57.28   9,600- 9,699  1,219  1,987  2,285  2,650  3,072  3,562
 57.29   9,700- 9,799  1,232  2,008  2,309  2,677  3,104  3,599
 57.30   9,800- 9,899  1,245  2,029  2,332  2,705  3,136  3,636
 57.31   9,900- 9,999  1,257  2,049  2,356  2,732  3,168  3,673
 57.32  10,000-10,099  1,270  2,070  2,380  2,760  3,200  3,710
 57.33  10,100-10,199  1,283  2,091  2,404  2,788  3,232  3,747
 57.34  10,200-10,299  1,295  2,111  2,428  2,815  3,264  3,784
 57.35  10,300-10,399  1,308  2,132  2,451  2,843  3,296  3,821
 57.36  10,400-10,499  1,321  2,153  2,475  2,870  3,328  3,858
 58.1   10,500-10,599  1,334  2,174  2,499  2,898  3,360  3,896
 58.2   10,600-10,699  1,346  2,194  2,523  2,926  3,392  3,933
 58.3   10,700-10,799  1,359  2,215  2,547  2,953  3,424  3,970
 58.4   10,800-10,899  1,372  2,236  2,570  2,981  3,456  4,007
 58.5   10,900-10,999  1,384  2,256  2,594  3,008  3,488  4,044
 58.6   11,000-11,099  1,397  2,277  2,618  3,036  3,520  4,081
 58.7   11,100-11,199  1,410  2,298  2,642  3,064  3,552  4,118
 58.8   11,200-11,299  1,422  2,318  2,666  3,091  3,584  4,155
 58.9   11,300-11,399  1,435  2,339  2,689  3,119  3,616  4,192
 58.10  11,400-11,499  1,448  2,360  2,713  3,146  3,648  4,229
 58.11  11,500-11,599  1,461  2,381  2,737  3,174  3,680  4,267
 58.12  11,600-11,699  1,473  2,401  2,761  3,202  3,712  4,304
 58.13  11,700-11,799  1,486  2,422  2,785  3,229  3,744  4,341
 58.14  11,800-11,899  1,499  2,443  2,808  3,257  3,776  4,378
 58.15  11,900-11,999  1,511  2,463  2,832  3,284  3,808  4,415
 58.16  12,000-12,099  1,524  2,484  2,856  3,312  3,840  4,452
 58.17  12,100-12,199  1,537  2,505  2,880  3,340  3,872  4,489
 58.18  12,200-12,299  1,549  2,525  2,904  3,367  3,904  4,526
 58.19  12,300-12,399  1,562  2,546  2,927  3,395  3,936  4,563
 58.20  12,400-12,499  1,575  2,567  2,951  3,422  3,968  4,600
 58.21  12,500-12,599  1,588  2,588  2,975  3,450  4,000  4,638
 58.22  12,600-12,699  1,600  2,608  2,999  3,478  4,032  4,675
 58.23  12,700-12,799  1,613  2,629  3,023  3,505  4,064  4,712
 58.24  12,800-12,899  1,626  2,650  3,046  3,533  4,096  4,749
 58.25  12,900-12,999  1,638  2,670  3,070  3,560  4,128  4,786
 58.26  13,000-13,099  1,651  2,691  3,094  3,588  4,160  4,823
 58.27  13,100-13,199  1,664  2,712  3,118  3,616  4,192  4,860
 58.28  13,200-13,299  1,676  2,732  3,142  3,643  4,224  4,897
 58.29  13,300-13,399  1,689  2,753  3,165  3,671  4,256  4,934
 58.30  13,400-13,499  1,702  2,774  3,189  3,698  4,288  4,971
 58.31  13,500-13,599  1,715  2,795  3,213  3,726  4,320  5,009
 58.32  13,600-13,699  1,727  2,815  3,237  3,754  4,352  5,046
 58.33  13,700-13,799  1,740  2,836  3,261  3,781  4,384  5,083
 58.34  13,800-13,899  1,753  2,857  3,284  3,809  4,416  5,120
 58.35  13,900-13,999  1,765  2,877  3,308  3,836  4,448  5,157
 58.36  14,000-14,009  1,778  2,898  3,332  3,864  4,480  5,194
 59.1   14,100-14,199  1,791  2,919  3,356  3,892  4,512  5,231
 59.2   14,200-14,299  1,803  2,939  3,380  3,919  4,544  5,268
 59.3   14,300-14,399  1,816  2,960  3,403  3,947  4,576  5,305
 59.4   14,400-14,499  1,829  2,981  3,427  3,974  4,608  5,342
 59.5   14,500-14,599  1,842  3,002  3,451  4,002  4,640  5,380
 59.6   14,600-14,699  1,854  3,022  3,475  4,030  4,672  5,417
 59.7   14,700-14,799  1,867  3,043  3,499  4,057  4,704  5,454
 59.8   14,800-14,899  1,880  3,064  3,522  4,085  4,736  5,491
 59.9   14,900-14,999  1,892  3,084  3,546  4,112  4,768  5,528
 59.10  15,000, or     1,905  3,105  3,570  4,140  4,800  5,565
 59.11  the amount
 59.12  in effect
 59.13  under subd. 4
 59.14     Subd. 3.  [INCOME CAP ON DETERMINING BASIC SUPPORT.] (a) 
 59.15  The basic support obligation for parents with a combined monthly 
 59.16  income in excess of the income limit currently in effect under 
 59.17  subdivision 1 must be the same dollar amount as provided for 
 59.18  parties with a combined monthly income equal to the income limit 
 59.19  in effect under subdivision 1. 
 59.20     (b) A court may order a basic support obligation in a child 
 59.21  support order in an amount that exceeds the income limit in 
 59.22  subdivision 1 if it finds that a child has a disability or other 
 59.23  substantial, demonstrated need for the additional support and 
 59.24  that the additional support will directly benefit the child. 
 59.25     (c) The dollar amount for the cap in subdivision 1 must be 
 59.26  adjusted on July 1 of every even-numbered year to reflect 
 59.27  cost-of-living changes.  The Supreme Court must select the index 
 59.28  for the adjustment from the indices listed in section 518.641, 
 59.29  subdivision 1.  The state court administrator must make the 
 59.30  changes in the dollar amounts required by this paragraph 
 59.31  available to courts and the public on or before April 30 of the 
 59.32  year in which the amount is to change. 
 59.33     Subd. 4.  [MORE THAN SIX CHILDREN.] If a child support 
 59.34  proceeding involves more than six children, the court may derive 
 59.35  a support order without specifically following the guidelines.  
 59.36  However, the court must consider the basic principles 
 59.37  encompassed by the guidelines and must consider both parents' 
 60.1   needs, resources, and circumstances. 
 60.2      Subd. 5.  [REPORT TO LEGISLATURE.] No later than 2006 and 
 60.3   every four years after that, the commissioner of human services 
 60.4   shall conduct a review of the child support guidelines. 
 60.5      Subd. 6.  [FINDINGS; DEVIATION.] The guidelines in this 
 60.6   section are a rebuttable presumption and shall be used in all 
 60.7   cases when establishing or modifying child support.  If the 
 60.8   court does not deviate from the guidelines, the court shall make 
 60.9   written findings concerning the amount of the obligor's income 
 60.10  used as the basis for the guidelines calculation and any other 
 60.11  significant evidentiary factors affecting the determination of 
 60.12  child support.  If the court deviates from the guidelines, the 
 60.13  court shall make written findings giving the amount of support 
 60.14  calculated under the guidelines, the reasons for the deviation, 
 60.15  and shall specifically address the criteria in section 518.714 
 60.16  and how the deviation serves the best interest of the child.  
 60.17  The court may deviate from the guidelines if both parties agree 
 60.18  and the court makes written findings that it is in the best 
 60.19  interests of the child, except that in cases where child support 
 60.20  payments are assigned to the public agency under section 
 60.21  256.741, the court may deviate downward only as provided in 
 60.22  subdivision 7 of that section.  Nothing in this paragraph 
 60.23  prohibits the court from deviating in other cases.  The 
 60.24  provisions of this paragraph apply whether or not the parties 
 60.25  are each represented by independent counsel and have entered 
 60.26  into a written agreement.  The court shall review stipulations 
 60.27  presented to it for conformity to the guidelines and the court 
 60.28  is not required to conduct a hearing, but the parties shall 
 60.29  provide the required documentation of earnings. 
 60.30     Sec. 28.  [518.729] [WORKSHEET.] 
 60.31     The commissioner of human services must create and publish 
 60.32  a worksheet to assist in calculating child support under 
 60.33  sections 518.712 to 518.729.  The worksheet must not impose 
 60.34  substantive requirements other than requirements contained in 
 60.35  sections 518.712 to 518.729.  The commissioner must update the 
 60.36  worksheet by July 1 of each year.  The commissioner must make an 
 61.1   interactive version of the worksheet available on the Department 
 61.2   of Human Services Web site.  
 61.3      Sec. 29.  [STUDY OF ECONOMIC IMPACT OF CHILD SUPPORT 
 61.4   GUIDELINES.] 
 61.5      The commissioner of human services shall contract with a 
 61.6   private provider to conduct an economic analysis of the child 
 61.7   support guidelines contained in this act to evaluate whether the 
 61.8   guidelines fairly represent the cost of raising children for the 
 61.9   respective parental income levels, excluding medical support, 
 61.10  child care, and education costs.  
 61.11     The results of the study shall be completed by no later 
 61.12  than January 30, 2006.  The private provider must have 
 61.13  experience in evaluating or establishing child support 
 61.14  guidelines, using the income shares approach, in other states.  
 61.15     Sec. 30.  [REVISOR'S INSTRUCTION.] 
 61.16     The revisor of statutes shall renumber the provisions of 
 61.17  Minnesota Statutes listed in column A to the references listed 
 61.18  in column B.  The revisor shall also make necessary 
 61.19  cross-reference changes in Minnesota Statutes and Minnesota 
 61.20  Rules consistent with the renumbering. 
 61.21         Column A                          Column B
 61.22         518.5513                          518.741
 61.23         518.553                           518.743
 61.24         518.57                            518.745
 61.25         518.575                           518.747
 61.26         518.585                           518.749
 61.27         518.5851                          518.751
 61.28         518.5852                          518.752
 61.29         518.5853                          518.753
 61.30         518.6111                          518.755
 61.31         518.612                           518.757
 61.32         518.614                           518.759
 61.33         518.615                           518.761
 61.34         518.616                           518.763
 61.35         518.617                           518.765
 61.36         518.618                           518.767
 62.1          518.6195                          518.769
 62.2          518.6196                          518.770
 62.3          518.641                           518.771
 62.4          518.642                           518.773
 62.5      Sec. 31.  [APPROPRIATIONS.] 
 62.6      $....... is appropriated in fiscal year 2006 and $....... 
 62.7   is appropriated in fiscal year 2007 from the general fund to the 
 62.8   commissioner of human services to fund implementation of this 
 62.9   act and to reimburse counties for their implementation costs.  
 62.10  The commissioner of human services shall distribute funds to the 
 62.11  counties for their costs of implementation based upon their 
 62.12  total county IV-D caseload.  The appropriation base in fiscal 
 62.13  year 2008 for grants to counties shall be $....... 
 62.14     $....... is appropriated in fiscal year 2007 from the 
 62.15  general fund to the supreme court administrator to fund 
 62.16  implementation of this act.  This is a onetime appropriation. 
 62.17     Sec. 32.  [REPEALER.] 
 62.18     Minnesota Statutes 2004, sections 518.171; 518.54, 
 62.19  subdivisions 2, 4, and 4a; and 518.551, subdivisions 1, 5a, 5c, 
 62.20  and 5f, are repealed.  
 62.21     Sec. 33.  [EFFECTIVE DATE.] 
 62.22     This act is effective January 1, 2007, and applies to 
 62.23  orders adopted or modified after that date.