as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to family law; reforming and recodifying the 1.3 law relating to marriage dissolution, child custody, 1.4 child support, maintenance, and property division; 1.5 making style and form changes; amending Minnesota 1.6 Statutes 2002, sections 518.002; 518.003, subdivisions 1.7 1, 3; 518.005; 518.01; 518.02; 518.03; 518.04; 518.05; 1.8 518.055; 518.06; 518.07; 518.09; 518.091; 518.10; 1.9 518.11; 518.12; 518.13; 518.131; 518.14, subdivision 1.10 1; 518.148; 518.155; 518.156; 518.157, subdivisions 1, 1.11 2, 3, 5, 6; 518.165; 518.166; 518.167, subdivisions 3, 1.12 4, 5; 518.168; 518.1705, subdivisions 2, 6, 7, 9; 1.13 518.175; 518.1751, subdivisions 1b, 2, 2a, 2b, 2c, 3; 1.14 518.1752; 518.176; 518.177; 518.178; 518.179, 1.15 subdivision 1; 518.18; 518.191, subdivision 1; 1.16 518.195, subdivisions 2, 3; 518.24; 518.25; 518.27; 1.17 518.54, subdivisions 1, 5, 6, 7, 8; 518.55; 518.552; 1.18 518.58; 518.581; 518.582; 518.612; 518.619; 518.62; 1.19 518.64, subdivisions 1, 2; 518.641; 518.642; 518.646; 1.20 518.65; 518.68, subdivision 1; 519.11, subdivision 1; 1.21 proposing coding for new law in Minnesota Statutes, 1.22 chapter 518; proposing coding for new law as Minnesota 1.23 Statutes, chapters 517A; 517B; 517C; repealing 1.24 Minnesota Statutes 2002, sections 518.111; 518.14, 1.25 subdivision 2; 518.17; 518.171, subdivisions 1, 2, 2a, 1.26 3, 4, 4a, 5, 6, 7, 8, 9, 10; 518.1752; 518.185; 1.27 518.255; 518.54, subdivisions 2, 4a, 13, 14; 518.55, 1.28 subdivision 4; 518.551; 518.5513; 518.553; 518.57; 1.29 518.575; 518.585; 518.5851; 518.5852; 518.5853; 1.30 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617; 1.31 518.618; 518.6195; 518.6196; 518.62; 518.64, 1.32 subdivisions 4, 4a, 5; 518.68, subdivisions 2, 3. 1.33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.34 ARTICLE 1 1.35 MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT 1.36 Section 1. [517A.29] [SIX-MONTH REVIEW.] 1.37 (a) A decree of dissolution or legal separation or an order 1.38 that establishes child custody, parenting time, or support 1.39 rights and obligations of parents must contain a review date six 2.1 months after its entry. At the six-month hearing, the court 2.2 must review: 2.3 (1) whether child support is current; and 2.4 (2) whether both parties are complying with the parenting 2.5 time provisions of the order. 2.6 (b) At the six-month hearing, the obligor has the burden to 2.7 present evidence to establish that child support payments are 2.8 current. A party may request that the public authority provide 2.9 information to the parties and court regarding child support 2.10 payments. A party must request the information from the public 2.11 authority at least 14 days before the hearing. The commissioner 2.12 of human services must develop a form to be used by the public 2.13 authority to submit child support payment information to the 2.14 parties and court. 2.15 (c) A hearing need not be held under this section if both 2.16 parties file an affidavit with the court administrator before 2.17 the scheduled hearing date indicating that child support is 2.18 current and that the parties are complying with the parenting 2.19 time provisions of the order. 2.20 (d) Contempt of court and all statutory remedies for child 2.21 support and parenting time enforcement may be imposed by the 2.22 court at the six-month hearing for noncompliance by either party. 2.23 (e) At least one month before the six-month hearing, a 2.24 court administrator must send the parties written notice of the 2.25 hearing. The written notice must include a statement that an 2.26 obligor has the burden to present evidence at the hearing to 2.27 establish that child support payments are current. The written 2.28 notice also must include a statement that a hearing will not be 2.29 held if both parties submit an affidavit to the court 2.30 administrator before the hearing date indicating that child 2.31 support is current and that the parties are in compliance with 2.32 parenting time provisions. 2.33 Sec. 2. Minnesota Statutes 2002, section 518.002, is 2.34 amended to read: 2.35 518.002 [USE TERM DISSOLUTIONMEANING OF DIVORCE.] 2.36Wherever the word"Divorce"is, as used in the statutes,it3.1 has the same meaning as "dissolution" or "dissolution of 3.2 marriage." 3.3 Sec. 3. Minnesota Statutes 2002, section 518.003, 3.4 subdivision 1, is amended to read: 3.5 Subdivision 1. [SCOPE.]For the purposes ofThe 3.6 definitions in this section apply to this chapter, the following3.7terms have the meanings provided in this section unless the3.8context clearly requires otherwise. 3.9 Sec. 4. Minnesota Statutes 2002, section 518.005, is 3.10 amended to read: 3.11 518.005 [RULES GOVERNING PROCEEDINGS.] 3.12 Subdivision 1. [APPLICABLE RULES.] Unless otherwise 3.13 specifically provided, the rules of civil procedure for the 3.14 district court apply to all proceedings under this chapter and 3.15 chapters 517B and 517C. 3.16 Subd. 2. [TITLE.] A proceeding for dissolution of 3.17 marriage, legal separation, or annulmentshallmust be entitled 3.18 "In re the Marriage of .......... and .......... ."A custody3.19or support proceeding shall be entitled "In re the (Custody)3.20(Support) of .......... ."3.21 Subd. 3. [NAMES OF PLEADINGS.] The initial pleading in all 3.22 proceedings undersections 518.002 to 518.66 shallthis chapter 3.23 and chapters 517B and 517C must be denominated a petition. A 3.24 responsive pleadingshallmust be denominated an answer. Other 3.25 pleadingsshallmust be denominated as provided in the rules of 3.26 civil procedure. 3.27 Subd. 4. [DECREE; JUDGMENT.] Insections 518.002 to 518.663.28 this chapter and chapters 517B and 517C, "decree" includes 3.29 "judgment." 3.30 Subd. 5. [PROHIBITED DISCLOSURE.] In all proceedings under 3.31 this chapter and chapters 517B and 517C, in which public 3.32 assistance is assigned under section 256.741 or the public 3.33 authority provides services to a party or parties to the 3.34 proceedings, notwithstanding statutory or other authorization 3.35 for the public authority to release private data on the location 3.36 of a party to the action, information on the location of one 4.1 party may not be released by the public authority to the other 4.2 party if: 4.3 (1) the public authority has knowledge that a protective 4.4 order with respect to the other party has been entered; or 4.5 (2) the public authority has reason to believe that the 4.6 release of the information may result in physical or emotional 4.7 harm to the other party. 4.8 Subd. 6. [REQUIRED NOTICE.] Every court order or judgment 4.9 and decree that provides for child support, spousal maintenance, 4.10 custody, or parenting time must contain the notices required by 4.11 section 517C.99. 4.12 Sec. 5. Minnesota Statutes 2002, section 518.01, is 4.13 amended to read: 4.14 518.01 [VOID MARRIAGES.] 4.15All marriages which areA marriage prohibited by section 4.16 517.03shall be absolutelyis void,without any decree of 4.17 dissolution or other legal proceedings; except if a person whose 4.18 husband or wife has been absent for four successive years, 4.19 without being known to the person to be living during that time, 4.20 marries during the lifetime of the absent husband or wife, the 4.21 subsequent marriageshall beis void only from the time that its 4.22 nullity is duly adjudged. If the absentee is declared dead in 4.23 accordance with section 576.142, the subsequent marriageshall4.24 is notbevoid. 4.25 Sec. 6. Minnesota Statutes 2002, section 518.02, is 4.26 amended to read: 4.27 518.02 [VOIDABLE MARRIAGES.] 4.28 A marriageshallmust be declared a nullityunder the4.29following circumstancesif: 4.30(a)(1) a party lacked capacity to consent to the marriage 4.31 at the time the marriage was solemnized, eitherbecause of: (i) 4.32 mental incapacity or infirmityandif the other party at the 4.33 time the marriage was solemnized did not know of the incapacity; 4.34or because of(ii) the influence of alcohol, drugs, or other 4.35 incapacitating substances; orbecause(iii) consent of either 4.36wasparty having been obtained by force or fraudand there was5.1 with no subsequent voluntary cohabitation of the parties; 5.2(b)(2) a party lacks the physical capacity to consummate 5.3 the marriage by sexual intercourse and the other party at the 5.4 time the marriage was solemnized did not know of the incapacity; 5.5 or 5.6(c)(3) a party was under the age for marriage established 5.7 by section 517.02 except as otherwise provided by section 5.8 517A.10. 5.9 Sec. 7. Minnesota Statutes 2002, section 518.03, is 5.10 amended to read: 5.11 518.03 [ACTION TO ANNUL; DECREE.] 5.12 An annulmentshallmust be commencedand, the complaint 5.13shall befiled, and proceedings had as in proceedings for 5.14 dissolution. Upon due proof of the nullity of the marriage,it5.15shallthe marriage must be adjudged null and void. 5.16 The provisions of sections 518.54 to 518.66 relating to 5.17 property rights of the spouses, maintenance, support, and 5.18 custody of children on dissolution of marriage are applicable to 5.19 proceedings for annulment. 5.20 Sec. 8. Minnesota Statutes 2002, section 518.04, is 5.21 amended to read: 5.22 518.04 [INSUFFICIENT GROUNDS FOR ANNULMENT.] 5.23 No marriageshallmay be adjudged a nullity on the ground 5.24 that one of the parties was under the age of legal consent if it 5.25 appears that the parties had voluntarily cohabited together as 5.26 husband and wife after having attainedsuchthat age; nor5.27shall. The marriage ofanyan insane person must not be 5.28 adjudged void after restoration of the insane person to reason, 5.29 if it appears that the parties freely cohabited together as 5.30 husband and wife aftersuchthe restoration to reason. 5.31 Sec. 9. Minnesota Statutes 2002, section 518.05, is 5.32 amended to read: 5.33 518.05 [ANNULMENT; WHEN TO BRING.] 5.34 An annulment may be sought by any of the following persons 5.35 and must be commenced within the times specified, but in no 5.36 event may an annulment be sought after the death of either party 6.1 to the marriage: 6.2(a) For a reason set forth in(1) under section 518.02, 6.3 clause(a)(1), by either party or by the legal representative 6.4 of the party who lacked capacity to consent, no later than 90 6.5 days after the petitioner obtained knowledge of the described 6.6 condition; 6.7(b) For the reason set forth in(2) under section 518.02, 6.8 clause(b)(2), by either party no later than one year after the 6.9 petitioner obtained knowledge of the described condition; 6.10(c) For the reason set forth in(3) under section 518.02, 6.11 clause(c)(3), by the underaged party,or the party's parent or 6.12 guardian,before the time the underaged party reaches the age at 6.13 which the party could have married without satisfying the 6.14 omitted requirement. 6.15 Sec. 10. Minnesota Statutes 2002, section 518.055, is 6.16 amended to read: 6.17 518.055 [PUTATIVE SPOUSE.] 6.18 Any person who has cohabited with another to whom the 6.19 person is not legally married in the good faith belief that the 6.20 person was married to the other is a putative spouse until 6.21 knowledge of the fact that the person is not legally married 6.22 terminates the status and prevents acquisition of further 6.23 rights. A putative spouse acquires the rights conferred upon a 6.24 legal spouse, including the right to maintenance following 6.25 termination of the status, whether or not the marriage is 6.26 prohibited or declared a nullity. If there is a legal spouse or 6.27 other putative spouses, rights acquired by a putative spouse do 6.28 not supersede the rights of the legal spouse or those acquired 6.29 by other putative spouses, but the courtshallmust apportion 6.30 property, maintenance, and support rights among the claimants as 6.31 appropriate in the circumstances and in the interests of justice. 6.32 Sec. 11. Minnesota Statutes 2002, section 518.06, is 6.33 amended to read: 6.34 518.06 [DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS; 6.35 UNCONTESTED LEGAL SEPARATION.] 6.36 Subdivision 1. [MEANING AND EFFECTOF DECREES; GROUNDS.] A 7.1 dissolution of marriage is the termination of the marital 7.2 relationship between a husband and wife. A decree of 7.3 dissolution completely terminates the marital status of both 7.4 parties. A legal separation is a court determination of the 7.5 rights and responsibilities of a husband and wife arising out of 7.6 the marital relationship. A decree of legal separation does not 7.7 terminate the marital status of the parties. 7.8 A dissolution ofamarriageshallmust be grantedby a7.9county or district court whenif the court finds that there has 7.10 been an irretrievable breakdown of the marriage relationship. A 7.11decree oflegal separationshallmust be grantedwhenif the 7.12 court finds that one or both parties need a legal separation. 7.13 Defenses to divorce, dissolution and legal separation, 7.14 including, but not limited to, condonation, connivance, 7.15 collusion, recrimination, insanity, and lapse of time, are 7.16 abolished. 7.17 Subd. 3. [UNCONTESTED LEGAL SEPARATION.] If one or both 7.18 parties petition for a decree of legal separation and neither 7.19 party contests the granting of the decree nor petitions for a 7.20 decree of dissolution, the courtshallmust grant a decree of 7.21 legal separation. 7.22 Sec. 12. Minnesota Statutes 2002, section 518.07, is 7.23 amended to read: 7.24 518.07 [RESIDENCE OF PARTIES.] 7.25NoA dissolutionshallmust not be granted unless (1) one 7.26 of the parties has resided in this state,orhasbeen a member 7.27 of the armed services stationed in this state,fornot less than7.28 at least 180 days immediately preceding the commencement of the 7.29 proceeding; or (2) one of the parties has been a domiciliary of 7.30 this state fornot less thanat least 180 days immediately 7.31 preceding commencement of the proceeding. 7.32 Sec. 13. Minnesota Statutes 2002, section 518.09, is 7.33 amended to read: 7.34 518.09 [PROCEEDING; HOW AND WHERE BROUGHT; VENUE.] 7.35 A proceeding for dissolution or legal separation may be 7.36 brought by either or both spouses andshall beis commenced by 8.1 personal service of the summons and petition venued in the 8.2 county where either spouse resides. No summons is required if a 8.3 joint petition is filed. If neither party resides in the state 8.4 and jurisdiction is based on the domicile of either 8.5spouseparty, the proceeding may be brought in the county where 8.6 either party is domiciled. If neither party resides or is 8.7 domiciled in this state and jurisdiction is premised upon one of 8.8 the parties being a member of the armed services stationed in 8.9 this state for not less than 180 days immediately preceding the 8.10 commencement of the proceeding, the proceeding may be brought in 8.11 the county where the member is stationed. This venueshall be8.12 is subject to the court's powerof the courtto change the place 8.13 of hearing by consent of the parties,or whenif it appears to 8.14 the court that an impartial hearing cannot be had in the county 8.15 where the proceedings are pending, orwhenif the convenience of 8.16 the parties or the ends of justice would be promoted by the 8.17 change.No summons shall be required if a joint petition is8.18filed.8.19 Sec. 14. Minnesota Statutes 2002, section 518.091, is 8.20 amended to read: 8.21 518.091 [SUMMONS; TEMPORARY RESTRAINING PROVISIONS.] 8.22 (a) Every summons must include the notice in this paragraph. 8.23 NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE 8.24 RESOLUTION PROVISIONS 8.25 UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE 8.26 FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, 8.27 UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS 8.28 DISMISSED: 8.29 (1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR 8.30 THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF 8.31 INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN 8.32 WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO 8.33 CONTEST THIS PROCEEDING; 8.34 (2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND 8.35 (3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE 8.36 MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR 9.1 BENEFICIARY DESIGNATION. 9.2 IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT 9.3 TO SANCTIONS BY THE COURT. 9.4 (4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE 9.5 ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO 9.6 MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION INCLUDES 9.7 MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE 9.8 DISTRICT COURT RULES. YOU MAY CONTACT THE COURT ADMINISTRATOR 9.9 ABOUT RESOURCES IN YOUR AREA. IN SOME COUNTIES, IF YOU CANNOT 9.10 PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION,IN SOME9.11COUNTIES,ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT 9.12 PROVIDER OR A COURT PROGRAM. IF YOU ARE A VICTIM OF DOMESTIC 9.13 ABUSE OR THREATS OF ABUSE AS DEFINED IN MINNESOTA STATUTES, 9.14 CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY MEDIATION AND YOU WILL 9.15 NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS. 9.16 (b) Upon service of the summons, the restraining provisions 9.17 contained in the notice apply by operation of law upon both 9.18 parties until modified by further order of the court or 9.19 dismissal of the proceeding, unless more than one year has 9.20 passed since the last document was filed with the court. 9.21 Sec. 15. Minnesota Statutes 2002, section 518.10, is 9.22 amended to read: 9.23 518.10 [REQUISITES OF PETITION.] 9.24TheA petition for dissolution of marriage or legal 9.25 separationshallmust state and allege: 9.26(a)(1) the name, address, and, in circumstances in which 9.27 child support or spousal maintenance will be addressed, social 9.28 security number of the petitioner and any prior or other name 9.29 used by the petitioner; 9.30(b)(2) the name and, if known, the address and, in 9.31 circumstances in which child support or spousal maintenance will 9.32 be addressed, social security number of the respondent and any 9.33 prior or other name used by the respondent and known to the 9.34 petitioner; 9.35(c)(3) the place and date of the marriage of the parties; 9.36(d)(4) in the case of a petition for dissolution, that 10.1 either the petitioner or the respondent or both: 10.2(1)(i) has resided in this state for not less than 180 10.3 days immediately preceding the commencement of the proceeding,10.4or; 10.5(2)(ii) has been a member of the armed services and has 10.6 been stationed in this state for not less than 180 days 10.7 immediately preceding the commencement of the proceeding,; or 10.8(3)(iii) has been a domiciliary of this state for not less 10.9 than 180 days immediately preceding the commencement of the 10.10 proceeding; 10.11(e)(5) the name at the time of the petition and any prior 10.12 or other name, social security number, age, and date of birth of 10.13 each living minor or dependent child of the parties born before 10.14 the marriage or born or adopted during the marriage and a 10.15 reference to, and the expected date of birth of, a child of the 10.16 parties conceived during the marriage but not born; 10.17(f)(6) whether or not a separate proceeding for 10.18 dissolution, legal separation, or custody is pending in a court 10.19 in this state or elsewhere; 10.20(g)(7) in the case of a petition for dissolution, that 10.21 there has been an irretrievable breakdown of the marriage 10.22 relationship; 10.23(h)(8) in the case of a petition for legal separation, 10.24 that there is a need for a decree of legal separation; 10.25(i)(9) any temporary or permanent maintenance, child 10.26 support, child custody, disposition of property, attorneys' 10.27 fees, costs and disbursements applied for without setting forth 10.28 the amounts; and 10.29(j)(10) whether an order for protection under chapter 518B 10.30 or a similar law of another state that governs the parties or a 10.31 party and a minor child of the parties is in effect and, if so, 10.32 the district court or similar jurisdiction in which it was 10.33 entered. 10.34 The petitionshallmust be verified by the petitioner or 10.35 petitioners, and its allegations established by competent 10.36 evidence. 11.1 Sec. 16. Minnesota Statutes 2002, section 518.11, is 11.2 amended to read: 11.3 518.11 [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 11.4 (a) Unless a proceeding is brought by both parties, copies 11.5 of the summons and petitionshallmust be served on the 11.6 respondent personally. 11.7 (b)WhenServiceismade out of this state and within the 11.8 United States, itmay be proved by the affidavit of the person 11.9 making thesameservice.WhenServiceismadewithout11.10 outside of the United Statesitmay be proved by the affidavit 11.11 of the person making thesameservice, taken before and 11.12 certified: 11.13 (1) by any United States minister, charge d'affaires, 11.14 commissioner, consul or commercial agent, or other consular or 11.15 diplomatic officer of the United States appointed to reside 11.16 insuchthe country, includingall deputiesa deputy or other 11.17representativesrepresentative ofsuchthe officer authorized to 11.18 performtheirthe officer's duties; or 11.19 (2) before an officer authorized to administer an oath with 11.20 the certificate of an officer of a court of record of the 11.21 countrywherein suchin which the affidavit is taken as to the 11.22 identity and authority of the officer taking thesameaffidavit. 11.23 (c) If personal service cannot be made, the court may order 11.24 service of the summons by alternate means. The application for 11.25 alternate service must include the last known location of the 11.26 respondent; the petitioner's most recent contacts with the 11.27 respondent; the last known location of the respondent's 11.28 employment; the names and locations of the respondent's parents, 11.29 siblings, children, and other close relatives; the names and 11.30 locations of other persons who are likely to know the 11.31 respondent's whereabouts; and a description of efforts to locate 11.32 those persons. 11.33 The courtshallmust consider the length of time the 11.34 respondent's location has been unknown, the likelihood that the 11.35 respondent's location will become known, the nature of the 11.36 relief sought, and the nature of efforts made to locate the 12.1 respondent. The courtshallmust order service by first class 12.2 mail, forwarding address requested, to any addresses where there 12.3 is a reasonable possibility that mail or information will be 12.4 forwarded or communicated to the respondent or, if no address so 12.5 qualifies, then to the respondent's last known address. 12.6 If the petitioner seeks disposition of real estate located 12.7within the state ofin Minnesota, the courtshallmust order 12.8 that the summons, whichshallmust contain the legal description 12.9 of the real estate, be published in the county where the real 12.10 estate is located. The court may also order publication, within 12.11 or without the state, but only if it might reasonably succeed in 12.12 notifying the respondent of the proceeding. Also, the court may 12.13 require the petitioner to make efforts to locate the respondent 12.14 by telephone calls to appropriate persons. Serviceshall beis 12.15 deemed complete 21 days after mailing or 21 days after 12.16 court-ordered publication. 12.17 Sec. 17. Minnesota Statutes 2002, section 518.12, is 12.18 amended to read: 12.19 518.12 [TIME FOR ANSWERING.] 12.20 The respondentshall havehas 30 days in which to answer 12.21 the petition. In case of service by publication, the 30 12.22 daysshalldoes not begin to run until the expiration of the 12.23 period allowed for publication. In the case of a 12.24 counterpetition for dissolution or legal separation to a 12.25 petition for dissolution or legal separation, no answershall be12.26 is required to the counterpetition and the original 12.27 petitionershall beis deemed to have denied each and every 12.28 statement, allegation, and claim in the counterpetition. 12.29 Sec. 18. Minnesota Statutes 2002, section 518.13, is 12.30 amended to read: 12.31 518.13 [FAILURE TO ANSWER; FINDINGS; HEARING.] 12.32 Subdivision 1. [DEFAULT.] If the respondent does not 12.33 appear after service duly made and proved, the court may hear 12.34 and determine the proceeding as a default matter. 12.35 Subd. 2. [DISPUTE OVER IRRETRIEVABLE BREAKDOWN.] If one of 12.36 the parties has denied under oath or affirmation that the 13.1 marriage is irretrievably broken, the courtshallmust consider 13.2 all relevant factors, including the circumstances that gave rise 13.3 to the commencement of the proceeding and the prospect of 13.4 reconciliation, andshallmake a finding whether the marriage is 13.5 irretrievably broken. 13.6 A finding of irretrievable breakdown under this subdivision 13.7 is a determination that there is no reasonable prospect of 13.8 reconciliation. The finding must be supported by evidence that 13.9 (i) the parties have lived separate and apart for a period of 13.10 not less than 180 days immediately preceding the commencement of 13.11 the proceeding, or (ii) there is serious marital discord 13.12 adversely affecting the attitude of one or both of the parties 13.13 toward the marriage. 13.14 Subd. 3. [AGREEMENT OVER IRRETRIEVABLE BREAKDOWN.] If both 13.15 parties by petition or otherwise have stated under oath or 13.16 affirmation that the marriage is irretrievably broken,or one of 13.17 the parties has so stated and the other has not denied it, the 13.18 court, after hearing,shallmust make a finding that the 13.19 marriage is irretrievably broken. 13.20 Subd. 4. [REFEREE; OPEN COURT.] The court or judge, upon 13.21 application, may refer the proceeding to a referee to take and 13.22 report the evidencetherein. Hearings for dissolution of 13.23 marriageshallmust be heard in open court or before a referee 13.24 appointed by the court to receive the testimony of the 13.25 witnesses,or depositions taken as in other equitable actions. 13.26 However, the court may in its discretion close the hearing. 13.27 Subd. 5. [APPROVAL WITHOUT HEARING.] Proposed findings of 13.28 fact, conclusions of law, order for judgment, and judgment and 13.29 decree must be submitted to the court for approval and filing 13.30 without a final hearing in the following situations: 13.31 (1) if there are no minor children of the marriage, and (i) 13.32 the parties have entered into a written stipulation, or (ii) the 13.33 respondent has not appeared after service duly made and proved 13.34 by affidavit and at least 20 days have elapsed since the time 13.35 for answering under section 518.12 expired; or 13.36 (2) if there are minor children of the marriage, the 14.1 parties have signed and acknowledged a stipulation, and all 14.2 parties are represented by counsel. 14.3 Notwithstanding clause (1) or (2), the courtshallmust 14.4 schedule the matter for hearingin any case whereif the 14.5 proposed judgment and decree does not appear to be in the best 14.6 interests of the minor children or is contrary to the interests 14.7 of justice. 14.8 Sec. 19. Minnesota Statutes 2002, section 518.131, is 14.9 amended to read: 14.10 518.131 [TEMPORARY ORDERS AND RESTRAINING ORDERS.] 14.11 Subdivision 1. [PERMISSIBLE ORDERS.] In a proceeding 14.12 brought for custody, dissolution, or legal separation, or for 14.13 disposition of property,or maintenance, or child support14.14 following the dissolution of a marriage, either party may, by 14.15 motion, request from the court and the court may grant a 14.16 temporary order pending the final disposition of the proceeding 14.17 to or for: 14.18(a)(1) temporary custody and parenting time regarding the 14.19 minor children of the parties; 14.20(b)(2) temporary maintenance of either spouse; 14.21(c) Temporary child support for the children of the14.22parties;14.23(d)(3) temporary costs and reasonable attorney fees; 14.24(e) Award the(4) temporary use and possession, exclusive 14.25 or otherwise, of the family home, furniture, household goods, 14.26 automobiles, and other property of the parties; 14.27(f)(5) restrain one or both parties from transferring, 14.28 encumbering, concealing, or disposing of property except in the 14.29 usual course of business or for the necessities of life, and to 14.30 account to the court for all such transfers, encumbrances, 14.31 dispositions, and expenditures made after the order is served or 14.32 communicated to the party restrained in open court; 14.33(g)(6) restrain one or both parties from harassing, 14.34 vilifying, mistreating, molesting, disturbing the peace, or 14.35 restraining the liberty of the other party or the children of 14.36 the parties; 15.1(h)(7) restrain one or both parties from removing any 15.2 minor child of the parties from the jurisdiction of the court; 15.3(i)(8) exclude a party from the family home of the parties 15.4 or from the home of the other party; and 15.5(j)(9) require one or both of the parties to perform or to 15.6 not performsuchadditional actsasthat will facilitate the 15.7 just and speedy disposition of the proceeding,orwillprotect 15.8 the parties or their children from physical or emotional harm. 15.9 Subd. 2. [IMPERMISSIBLE ORDERS.]NoA temporary order 15.10shallmust not: 15.11(a)(1) deny parenting time to a parent unless the court 15.12 finds that the parenting time is likely to cause physical or 15.13 emotional harm to the child; 15.14(b)(2) exclude a party from the family home of the parties 15.15 unless the court finds that physical or emotional harm to one of 15.16 the parties or to the children of the parties is likely to 15.17 result, or that the exclusion is reasonable in the 15.18 circumstances; or 15.19(c)(3) vacate or modify an order granted under section 15.20 518B.01, subdivision 6, paragraph (a), clause (1), restraining 15.21 an abusing party from committing acts of domestic abuse, except 15.22 that the court may hear a motion for modification of an order 15.23 for protection concurrently with a proceeding for dissolution of 15.24 marriage upon notice of motion and motion. The notice required 15.25 by court ruleshallmust not be waived. If the proceedings are 15.26 consolidated and the motion to modify is granted, a separate 15.27 order for modification of an order for protectionshallmust be 15.28 issued. 15.29 Subd. 3. [EX PARTE RESTRAINING ORDER; LIMITATIONS.] A 15.30 party may request and the court may make an ex parte restraining 15.31 orderwhich may includethat includes any matter that may be 15.32 included in a temporary order except it may not: 15.33(a) A restraining order may not(1) exclude either party 15.34 from the family home of the parties except upon a finding by the 15.35 court of immediate danger of physical harm to the other party or 15.36 the children of either party;andor 16.1(b) A restraining order may not(2) deny parenting time to 16.2 either party or grant custody of the minor children to either 16.3 party except upon a finding by the court of immediate danger of 16.4 physical harm to the minor children of the parties. 16.5 Subd. 4. [HEARING ON RESTRAINING ORDER; DURATION.] A 16.6 restrainingorders shallorder must be personally served upon 16.7 the party to be restrainedand shall be accompaniedalong with a 16.8 notice of the time and place of a hearing for a temporary order 16.9 for disposition of the matters contained in the restraining 16.10 orderat a hearing for a temporary order.WhenIf a restraining 16.11 order has been issued, a hearing on the temporary ordershall16.12 must be held at the earliest practicable date. The restrained 16.13 party may upon written notice to the other party advance the 16.14 hearing date to a time earlier than that noticed by the other 16.15 party. The restraining ordershall continuecontinues in full 16.16 force and effect only until the hearing time noticed, unless the 16.17 court, for good cause and upon notice, extends the time for 16.18 hearing. 16.19 Subd. 5. [DURATION OF TEMPORARY ORDER.] A temporary order 16.20shall continuecontinues in full force and effect until the 16.21 earlier of its amendment or vacation, dismissal of the main 16.22 action, or entry of a final decree of dissolution or legal 16.23 separation. 16.24 Subd. 6. [EFFECT OF DISMISSAL OF MAIN ACTION.] If a 16.25 proceeding for dissolution or legal separation is dismissed, a 16.26 temporary custody order is vacated unless one of the parties or 16.27 the child's custodian moves that the proceeding continue as a 16.28 custody proceeding and the court finds, after a hearing, that 16.29 the circumstances of the parties and the best interests of the 16.30 child require that a custody order be issued. 16.31 Subd. 7. [GUIDING FACTORS.] The courtshallmust be guided 16.32 by the factors set forth in sections518.551 (concerning child16.33support),518.552 (concerning maintenance), 518.17 to 518.175 16.34 (concerning custody and parenting time), and 518.14 (concerning 16.35 costs and attorney fees) in making temporary orders and 16.36 restraining orders. 17.1 Subd. 8. [BASIS FOR ORDER.] Temporary ordersshallmust be 17.2 made solely on the basis of affidavits and argument of counsel 17.3 except upon demand by either party in a motion or responsive 17.4 motion made within the time limit for making and filing a 17.5 responsive motion that the matter be heard on oral testimony 17.6 before the court, or if the court in its discretion orders the 17.7 taking of oral testimony. 17.8 Subd. 9. [PREJUDICIAL EFFECT, REVOCATION; MODIFICATION.] A 17.9 temporary order or restraining order: 17.10(a) Shall(1) must not prejudice the rights of the parties 17.11 or the child which are to be adjudicated at subsequent hearings 17.12 in the proceeding; and 17.13(b)(2) may be revoked or modified by the court before the 17.14 final disposition of the proceeding upon the same grounds and 17.15 subject to the same requirements as the initial granting of the 17.16 order. 17.17 Subd. 10. [MISDEMEANOR.] In addition to being punishable 17.18 by contempt, a violation of a provision of a temporary order or 17.19 restraining order granting the relief authorized in subdivision 17.20 1, clause(g)(6),(h)(7), or(i)(8), is a misdemeanor. 17.21 Subd. 11. [TEMPORARYSUPPORT ANDMAINTENANCE.] Temporary 17.22support andmaintenance may be ordered during the time a 17.23 parenting plan is being developed under section 518.1705. 17.24 Sec. 20. Minnesota Statutes 2002, section 518.14, 17.25 subdivision 1, is amended to read: 17.26 Subdivision 1. [GENERAL.] (a) Except as provided in 17.27 subdivision 2, in a proceeding under this chapter or chapter 17.28 517B or 517C, the courtshallmust award attorney fees, costs, 17.29 and disbursements in an amount necessary to enable a party to 17.30 carry on or contest the proceeding,providedif it finds that: 17.31 (1)thatthe fees are necessary for the good-faith 17.32 assertion of the party's rights in the proceeding and will not 17.33 contribute unnecessarily to the length and expense of the 17.34 proceeding; 17.35 (2)thatthe party from whom fees, costs, and disbursements 17.36 are sought has the means to pay them; and 18.1 (3)thatthe party to whom fees, costs, and disbursements 18.2 are awarded does not have the means to pay them. 18.3 (b) Nothing in this section precludes the court from 18.4 awarding, in its discretion, additional fees, costs, and 18.5 disbursements against a party who unreasonably contributes to 18.6 the length or expense of the proceeding. Fees, costs, and 18.7 disbursements provided for in this section may be awarded at any 18.8 point in the proceeding, including a modification proceeding 18.9 under sections 518.18 and 518.64. The court may adjudge costs 18.10 and disbursements against either party. The court may authorize 18.11 the collection of money awarded by execution,orout of property 18.12 sequestered, or in any other manner within the power of the 18.13 court. An award of attorney's fees made by the court during the 18.14 pendency of the proceeding or in the final judgment survives the 18.15 proceeding and if not paid by the party directed to paythe same18.16 them may be enforcedas above providedin the manner provided in 18.17 this paragraph or by a separate civil action brought in the 18.18 attorney's own name. If the proceeding is dismissed or 18.19 abandoned prior to determination and award of attorney's fees, 18.20 the court may nevertheless award attorney's fees upon the 18.21 attorney's motion. The awardshall also survivesurvives the 18.22 proceeding and may be enforced in thesamemanneras last above18.23 provided in this paragraph. 18.24 Sec. 21. Minnesota Statutes 2002, section 518.148, is 18.25 amended to read: 18.26 518.148 [CERTIFICATION OF DISSOLUTION.] 18.27 Subdivision 1. [CERTIFICATE OF DISSOLUTION.] An attorney 18.28 or pro se party may prepare and submit to the court a separate 18.29 certificate of dissolution to be attached to the judgment and 18.30 decree at the time of granting the dissolution of marriage. 18.31 Upon approval by the court and filing of the certificate of 18.32 dissolution with the court administrator, the court 18.33 administratorshallmust provide to any party upon request 18.34 certified copies of the certificate of dissolution. 18.35 Subd. 2. [REQUIRED INFORMATION.] The certificateshall18.36 must include the following information: 19.1 (1) the full caption and file number of the case and the 19.2 title "Certificate of Dissolution"; 19.3 (2) the names and any prior or other names of the parties 19.4 to the dissolution; 19.5 (3) the names of any living minor or dependent children as 19.6 identified in the judgment and decree; 19.7 (4) that the marriage of the parties is dissolved; 19.8 (5) the date of the judgment and decree; and 19.9 (6) the social security number of the parties to the 19.10 dissolution and the social security number of any living minor 19.11 or dependent children identified in the judgment and decree. 19.12 Subd. 3. [CERTIFICATION.] The certificate of 19.13 dissolutionshall beis conclusive evidence of the facts recited 19.14 in the certificate. 19.15 Sec. 22. Minnesota Statutes 2002, section 518.191, 19.16 subdivision 1, is amended to read: 19.17 Subdivision 1. [ABBREVIATED JUDGMENT AND DECREE.] If real 19.18 estate is described in a judgment and decree of dissolution, the 19.19 court may direct either of the parties or their legal counsel to 19.20 prepare and submit to the court a proposed summary real estate 19.21 disposition judgment. Upon approval by the court and filing of 19.22 the summary real estate disposition judgment with the court 19.23 administrator, the court administratorshallmust provide to any 19.24 party upon request certified copies of the summary real estate 19.25 disposition judgment. 19.26 Sec. 23. Minnesota Statutes 2002, section 518.195, 19.27 subdivision 2, is amended to read: 19.28 Subd. 2. [PROCEDURE.] A couple qualifying under all of the 19.29 criteria in subdivision 1, may obtain a judgment and decree by: 19.30 (1) filing a sworn joint declaration, on which both of 19.31 their signatures must be notarized, containing or appending the 19.32 following information: 19.33 (i) the demographic data required in section 518.10; 19.34 (ii) verifying the qualifications set forth in subdivision 19.35 1; 19.36 (iii) listing each party's nonmarital property; 20.1 (iv) setting forth how the marital assets and debts will be 20.2 apportioned; 20.3 (v) verifying both parties' income and preserving their 20.4 rights to spousal maintenance; and 20.5 (vi) certifying that there has been no domestic abuse of 20.6 one party by the other; and 20.7 (2) viewing any introductory and summary process 20.8 educational videotapes, if then available from the court, and 20.9 certifying that they watched any such tapes within the 30 days 20.10 preceding the filing of the joint declaration. 20.11 The district court administratorshallmust enter a decree 20.12 of dissolution 30 days after the filing of the joint declaration 20.13 if the parties meet the statutory qualifications and have 20.14 complied with the procedural requirements of this subdivision. 20.15 Sec. 24. Minnesota Statutes 2002, section 518.195, 20.16 subdivision 3, is amended to read: 20.17 Subd. 3. [FORMS.] The state court administratorshallmust 20.18 develop simplified forms and instructions for the summary 20.19 process. District court administratorsshallmust make the 20.20 forms for the summary process available upon request andshall20.21 must accept joint declarations for filingon and after July 1,20.221997. 20.23 Sec. 25. Minnesota Statutes 2002, section 518.24, is 20.24 amended to read: 20.25 518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 20.26In all cases whenIf maintenanceor supportpayments are 20.27 ordered, the court may require sufficient security to be given 20.28 for the payment of them according to the terms of the order. 20.29 Upon neglect or refusal to give security,oruponfailure to pay 20.30 the maintenanceor support, the court may sequester the 20.31 obligor's personal estate and the rents and profits of real 20.32 estate of the obligor,and appoint a receiver of them. The 20.33 court may cause the personal estate and the rents and profits of 20.34 the real estate to be applied according to the terms of the 20.35 order. The obligor is presumed to have an income from a source 20.36 sufficient to pay the maintenanceor supportorder. Achild21.1support ormaintenance order constitutes prima facie evidence 21.2 that the obligor has the ability to pay the award. If the 21.3 obligor disobeys the order, it is prima facie evidence of 21.4 contempt. The court may cite the obligor for contempt under 21.5 this section, section 518.617, or chapter 588. 21.6 Sec. 26. Minnesota Statutes 2002, section 518.25, is 21.7 amended to read: 21.8 518.25 [REMARRIAGE; REVOCATION.] 21.9When a dissolution has been granted, and the parties21.10afterward intermarryIf two people remarry each other after 21.11 dissolution of their prior marriage, the court, upon their joint 21.12 application,anduponsatisfactory proof ofsuchthe marriage, 21.13 may revoke all decrees and orders of dissolution, maintenance, 21.14 and subsistencewhich willthat do not affect the rights of 21.15 third persons. 21.16 Sec. 27. Minnesota Statutes 2002, section 518.27, is 21.17 amended to read: 21.18 518.27 [NAME OF PARTY.] 21.19 Except as provided in section 259.13, in the final decree 21.20 of dissolution or legal separation the courtshallmust, if 21.21 requested by a party, change the name of that party to another 21.22 name as the party requests. The courtshallmust grant a 21.23 request unless it finds that there is an intent to defraud or 21.24 mislead, unless the name change is subject to section 259.13, in 21.25 which case the requirements of that section apply. The 21.26 courtshallmust notify the parties that use of a different 21.27 surname after dissolution or legal separation without complying 21.28 with section 259.13, if applicable, is a gross misdemeanor. The 21.29 party's new nameshallmust be so designated in the final decree. 21.30 Sec. 28. Minnesota Statutes 2002, section 518.54, 21.31 subdivision 1, is amended to read: 21.32 Subdivision 1. [TERMSSCOPE.]For the purposes of sections21.33518.54 to 518.66, the terms definedThe definitions in this 21.34 sectionshall have the meanings respectively ascribed to21.35themapply to sections 517A.31 to 517A.41. 21.36 Sec. 29. Minnesota Statutes 2002, section 518.54, 22.1 subdivision 5, is amended to read: 22.2 Subd. 5. [MARITAL PROPERTY; EXCEPTIONS.] "Marital 22.3 property" meansproperty,real or personal property, including 22.4 vested public or private pension plan benefits or rights, 22.5 acquired by one or both of the parties, or either of them,to a 22.6 dissolution, legal separation, or annulment proceeding at any 22.7 time during the existence of the marriage relation between them, 22.8 or at any time during which the parties were living together as 22.9 husband and wife under a purported marriage relationship which 22.10 is annulled in an annulment proceeding, but prior to the date of 22.11 valuation under section 518.58, subdivision 1. All property 22.12 acquired by either spouse subsequent to the marriage and before 22.13 the valuation date is presumed to be marital property regardless 22.14 of whether title is held individually or by the spouses in a 22.15 form of coownership such as joint tenancy, tenancy in common, 22.16 tenancy by the entirety, or community property. Each 22.17 spouseshall beis deemed to have a common ownership in marital 22.18 property that vests not later than the time of the entry of the 22.19 decree in a proceeding for dissolution or annulment. The extent 22.20 of the vested interestshallmust be determined and made final 22.21 by the court pursuant to section 518.58. If a title interest in 22.22 real property is held individually by only one spouse, the 22.23 interest in the real property of the nontitled spouse is not 22.24 subject to claims of creditors or judgment or tax liens until 22.25 the time of entry of the decree awarding an interest to the 22.26 nontitled spouse. The presumption of marital property is 22.27 overcome by a showing that the property is nonmarital property. 22.28 "Nonmarital property" means property real or personal, 22.29 acquired by either spouse before, during, or after the existence 22.30 of their marriage, which: 22.31(a)(1) is acquired as a gift, bequest, devise, or 22.32 inheritance made by a third party to one but not to the other 22.33 spouse; 22.34(b)(2) is acquired before the marriage; 22.35(c)(3) is acquired in exchange for or is the increase in 22.36 value of property which is described inclauses (a), (b), (d),23.1and (e)clause (1), (2), (4), or (5); 23.2(d)(4) is acquired by a spouse after the valuation date; 23.3 or 23.4(e)(5) is excluded by a valid antenuptial contract. 23.5 Sec. 30. Minnesota Statutes 2002, section 518.54, 23.6 subdivision 6, is amended to read: 23.7 Subd. 6. [INCOME.] "Income" means any form of periodic 23.8 payment to an individual including, but not limited to, wages, 23.9 salaries, payments to an independent contractor, workers' 23.10 compensation, unemployment benefits, and annuity, militaryand23.11 or naval retirement, pensionandor disability payments. 23.12 "Income" does not include benefits received under Title IV-A of 23.13 the Social Security Actandor chapter 256Jare not income under23.14this section. 23.15 Sec. 31. Minnesota Statutes 2002, section 518.54, 23.16 subdivision 7, is amended to read: 23.17 Subd. 7. [OBLIGEE.] "Obligee" means a person to whom 23.18 payments for maintenanceor supportare owed. 23.19 Sec. 32. Minnesota Statutes 2002, section 518.54, 23.20 subdivision 8, is amended to read: 23.21 Subd. 8. [OBLIGOR.] "Obligor" means a person obligated to 23.22 pay maintenanceor support.A person who is designated as the23.23sole physical custodian of a child is presumed not to be an23.24obligor for purposes of calculating current support under23.25section 518.551 unless the court makes specific written findings23.26to overcome this presumption.23.27 Sec. 33. Minnesota Statutes 2002, section 518.55, is 23.28 amended to read: 23.29 518.55 [MAINTENANCE OR SUPPORT MONEY.] 23.30 Subdivision 1. [CONTENTS OF ORDER.] Every award of 23.31 maintenance or support money in a judgment of dissolution or 23.32 legal separationshallmust clearly designate whetherthe same23.33 it is maintenance or support money, or what part of the award is 23.34 maintenance and what part is support money. An award of 23.35 payments from future income or earnings of the parent with whom 23.36 the child resides is presumed to be maintenance and an award of 24.1 payments from the future income or earnings of the parent with 24.2 whom the child does not reside is presumed to be support money, 24.3 unless otherwise designated by the court. In a judgment of 24.4 dissolution or legal separation the court may determine, as one 24.5 of the issues of the case, whether or not either spouse is 24.6 entitled to an award of maintenance notwithstanding that no 24.7 award is then made, or it may reserve jurisdiction of the issue 24.8 of maintenance for determination at a later date. 24.9 Subd. 3. [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] Every 24.10 obligorshallmust notify the obligee and the public authority 24.11 responsible for collection, if applicable, of a change of 24.12 address or residence within 60 days of the address or residence 24.13 change. Every order forsupport ormaintenance must contain a 24.14 conspicuous notice complying with section518.68, subdivision24.152517C.99. The court may waive or modify the requirements of 24.16 this subdivision by order if necessary to protect the obligor 24.17 from contact by the obligee. 24.18 Subd. 4. [DETERMINATION OF CONTROLLING ORDER.] The public 24.19 authority or a party may request the district court to determine 24.20 a controlling order in situations in which more than one order 24.21 involving the same obligor and child exists. 24.22 Sec. 34. Minnesota Statutes 2002, section 518.552, is 24.23 amended to read: 24.24 518.552 [MAINTENANCE.] 24.25 Subdivision 1. [JURISDICTION; GROUNDS.] In a proceeding 24.26 for dissolution of marriage or legal separation, or in a 24.27 proceeding for maintenance following dissolution of the marriage 24.28 by a court which lacked personal jurisdiction over the absent 24.29 spouse and which has since acquired jurisdiction, the court may 24.30 grant a maintenance order for either spouse if it finds that the 24.31 spouse seeking maintenance: 24.32(a)(1) lacks sufficient property, including marital 24.33 property apportioned to the spouse, to provide for reasonable 24.34 needs of the spouse considering the standard of living 24.35 established during the marriage, especially, but not limited to, 24.36 a period of training or education,; or 25.1(b)(2) is unable to provide adequate self-support, after 25.2 considering the standard of living established during the 25.3 marriage and all relevant circumstances, through appropriate 25.4 employment,; oris the custodian of25.5 (3) if a childwhoseresides with the spouse and the 25.6 child's condition or circumstances make it appropriate that 25.7 thecustodianspouse not be required to seek employment outside 25.8 the home. 25.9 Subd. 2. [AMOUNT; DURATION.] The maintenance ordershall25.10 must be in amounts and for periodsof time, either temporary or 25.11 permanent,asthat the court deems just, without regard to 25.12 marital misconduct,and after considering all relevant factors 25.13 including: 25.14(a)(1) the financial resources of the party seeking 25.15 maintenance, including marital property apportioned to the 25.16 party, and the party's ability to meet needs independently, 25.17 including the extent to which a provision for support of a child 25.18 living with the party includes a sum for that party ascustodian25.19 caretaker; 25.20(b)(2) the time necessary to acquire sufficient education 25.21 or training to enable the party seeking maintenance to find 25.22 appropriate employment, and the probability, given the party's 25.23 age and skills, of completing education or training and becoming 25.24 fully or partially self-supporting; 25.25(c)(3) the standard of living established during the 25.26 marriage; 25.27(d)(4) the duration of the marriage and, in the case of a 25.28 homemaker, the length of absence from employment and the extent 25.29 to which any education, skills, or experience have become 25.30 outmoded and earning capacity has become permanently diminished; 25.31(e)(5) the loss of earnings, seniority, retirement 25.32 benefits, and other employment opportunities forgone by the 25.33 spouse seekingspousalmaintenance; 25.34(f)(6) the age,and the physical and emotional condition 25.35 of the spouse seeking maintenance; 25.36(g)(7) the ability of the spouse from whom maintenance is 26.1 sought to meet needs while meeting those of the spouse seeking 26.2 maintenance; and 26.3(h)(8) the contribution of each party in the acquisition, 26.4 preservation, depreciation, or appreciation in the amount or 26.5 value of the marital property, as well as the contribution of a 26.6 spouse as a homemaker or in furtherance of the other party's 26.7 employment or business. 26.8 Subd. 3. [PERMANENCY OF AWARD.]Nothing inThis section 26.9shallmust not be construed to favor a temporary award of 26.10 maintenance over a permanent award, whereif the factors under 26.11 subdivision 2 justify a permanent award. 26.12WhereIf there is some uncertainty as to the necessity of a 26.13 permanent award, the courtshallmust order a permanent award 26.14 leaving its order open for later modification. 26.15 Subd. 4. [REOPENING MAINTENANCE AWARDS.] Section 518.145, 26.16 subdivision 2, applies to maintenance awardsof spousal26.17maintenance. 26.18 Subd. 5. [PRIVATE AGREEMENTS.] The parties may expressly 26.19 preclude or limit modification of maintenance through a 26.20 stipulation,if the court makes specific findings that the 26.21 stipulation is fairand, equitable,isand supported by 26.22 consideration described in the findings,and that full 26.23 disclosure of each party's financial circumstances has 26.24 occurred. The stipulation must be made a part of the judgment 26.25 and decree. 26.26 Sec. 35. Minnesota Statutes 2002, section 518.58, is 26.27 amended to read: 26.28 518.58 [DIVISION OF MARITAL PROPERTY.] 26.29 Subdivision 1. [GENERAL.] Upon a dissolution of a 26.30 marriage, an annulment, or in a proceeding for disposition of 26.31 property following a dissolution of marriage by a court which 26.32 lacked personal jurisdiction over the absent spouse or lacked 26.33 jurisdiction to dispose of the property and which has since 26.34 acquired jurisdiction, the courtshallmust make a just and 26.35 equitable division of the marital property of the parties 26.36 without regard to marital misconduct, after making findings 27.1 regarding the division of the property. The courtshallmust 27.2 base its findings on all relevant factors including the length 27.3 of the marriage, any prior marriage of a party, the age, health, 27.4 station, occupation, amount and sources of income, vocational 27.5 skills, employability, estate, liabilities, needs, opportunity 27.6 for future acquisition of capital assets, and income of each 27.7 party. The courtshallmust also consider the contribution of 27.8 each in the acquisition, preservation, depreciation, or 27.9 appreciation in the amount or value of the marital property, as 27.10 well as the contribution of a spouse as a homemaker. Itshall27.11beis conclusively presumed that each spouse made a substantial 27.12 contribution to the acquisition of income and property while 27.13 they were living together as husband and wife. The court may 27.14 also award to either spouse the household goods and furniture of 27.15 the parties, whether or not acquired during the marriage. The 27.16 courtshallmust value marital assets for purposes of division 27.17 between the parties as of the day of the initially scheduled 27.18 prehearing settlement conference, unless a different date is 27.19 agreed upon by the parties,orunlessthe court makes specific 27.20 findings that another date of valuation is fair and equitable. 27.21 If there is a substantial change in value of an asset between 27.22 the date of valuation and the final distribution, the court may 27.23 adjust the valuation of that asset as necessary to effect an 27.24 equitable distribution. 27.25 Subd. 1a. [TRANSFER, ENCUMBRANCE, CONCEALMENT, OR 27.26 DISPOSITION OF MARITAL ASSETS.] In contemplation of commencing 27.27 or during the pendency of a marriage dissolution, separation, or 27.28 annulment proceeding,or in contemplation of commencing a27.29marriage dissolution, separation, or annulment proceeding,each 27.30 party owes a fiduciary duty to the other for any profit or loss 27.31 derived by the party, without the consent of the other, from a 27.32 transaction or from any use by the party of the marital assets. 27.33 If the court finds that a party to a marriage, without consent 27.34 of the other party, has in contemplation of commencing,or 27.35 during the pendency of,the current dissolution, separation, or 27.36 annulment proceeding, transferred, encumbered, concealed, or 28.1 disposed of marital assets except in the usual course of 28.2 business or for the necessities of life, the courtshallmust 28.3 compensate the other party by placing both parties in the same 28.4 position that they would have been in had the transfer, 28.5 encumbrance, concealment, or disposal not occurred. The burden 28.6 of proof under this subdivision is on the party claiming that 28.7 the other party transferred, encumbered, concealed, or disposed 28.8 of marital assets in contemplation of commencing or during the 28.9 pendency of the current dissolution, separation, or annulment 28.10 proceeding,without consent of the claiming party, and that the 28.11 transfer, encumbrance, concealment, or disposal was not in the 28.12 usual course of business or for the necessities of life. In 28.13 compensating a party under this section, the court, in dividing 28.14 the marital property, may impute the entire value of an asset 28.15 and a fair return on the asset to the party who transferred, 28.16 encumbered, concealed, or disposed of it. Use of a power of 28.17 attorney,or the absence of a restraining order against the 28.18 transfer, encumbrance, concealment, or disposal of marital 28.19 property is not available as a defense under this subdivision. 28.20 Subd. 2. [AWARD OF NONMARITAL PROPERTY.] If the court 28.21 finds that either spouse's resources or property, including the 28.22 spouse's portion of the marital property as defined in section 28.23 518.54, subdivision 5, are so inadequate as to work an unfair 28.24 hardship, considering all relevant circumstances, the court may, 28.25 in addition to the marital property, apportion up to one-half of 28.26 the property otherwise excluded under section 518.54, 28.27 subdivision 5, clauses(a)(1) to(d)(4), to prevent the unfair 28.28 hardship. If the court apportions property other than marital 28.29 property, itshallmust make findings in support of the 28.30 apportionment. The findingsshallmust be based on all relevant 28.31 factors including the length of the marriage, any prior marriage 28.32 of a party, the age, health, station, occupation, amount and 28.33 sources of income, vocational skills, employability, estate, 28.34 liabilities, needs, and opportunity for future acquisition of 28.35 capital assets and income of each party. 28.36 Subd. 3. [SALE OR DISTRIBUTION WHILE PROCEEDING PENDING.] 29.1 (a) If the court finds that it is necessary to preserve the 29.2 marital assets of the parties, the court may order the sale of 29.3 the homestead of the parties or the sale of other marital 29.4 assets, as the individual circumstances may require, during the 29.5 pendency of a proceeding for a dissolution of marriage or an 29.6 annulment. If the court orders a sale, it may further provide 29.7 for the disposition of the funds received from the sale during 29.8 the pendency of the proceeding. If liquid or readily liquidated 29.9 marital property other than property representing vested pension 29.10 benefits or rights is available, the court, so far as possible, 29.11shallmust divide the property representing vested pension 29.12 benefits or rights by the disposition of an equivalent amount of 29.13 the liquid or readily liquidated property. 29.14 (b) The court may order a partial distribution of marital 29.15 assets during the pendency of a proceeding for a dissolution of 29.16 marriage or an annulment for good cause shown or upon the 29.17 request of both parties, provided thatas long as the court 29.18shallfullyprotectprotects the interests of the other party. 29.19 Subd. 4. [PENSION PLANS.] (a) The division of marital 29.20 property that represents pension plan benefits or rights in the 29.21 form of future pension plan payments: 29.22 (1) is payable only to the extent of the amount of the 29.23 pension plan benefit payable under the terms of the plan; 29.24 (2) is not payable for a period that exceeds the time that 29.25 pension plan benefits are payable to the pension plan benefit 29.26 recipient; 29.27 (3) is not payable in a lump sum amount from pension plan 29.28 assets attributable in any fashion to a spouse with the status 29.29 of an active member, deferred retiree, or benefit recipient of a 29.30 pension plan; 29.31 (4) if the former spouse to whom the payments are to be 29.32 made dies prior to the end of the specified payment period with 29.33 the right to any remaining payments accruing to an estate or to 29.34 more than one survivor, is payable only to a trustee on behalf 29.35 of the estate or the group of survivors for subsequent 29.36 apportionment by the trustee; and 30.1 (5) in the case of public pension plan benefits or rights, 30.2 may not commence until the public plan member submits a valid 30.3 application for a public pension plan benefit and the benefit 30.4 becomes payable. 30.5 (b)TheAn individual retirement accountplansplan 30.6 established under chapter 354B may provide in its plan document, 30.7 if published and made generally available, for an alternative 30.8 marital property division or distribution of individual 30.9 retirement account plan assets. If an alternative division or 30.10 distribution procedure is provided, it applies in place of 30.11 paragraph (a), clause (5). 30.12 Sec. 36. Minnesota Statutes 2002, section 518.581, is 30.13 amended to read: 30.14 518.581 [SURVIVING SPOUSE BENEFIT.] 30.15 Subdivision 1. [AWARD OF BENEFIT.] If a current or former 30.16 employee's marriage is dissolved, the court may order the 30.17 employee, the employee's pension plan, or both, to pay amounts 30.18 as part of the division of pension rights that the court may 30.19 make under section 518.58, or as an award of maintenance in the 30.20 form of a percentage of periodic or other payments or in the 30.21 form of a fixed dollar amount. The court may, as part of the 30.22 order, award a former spouse all or part of a survivor benefit 30.23 unless the plan does not allow by law the payment of a surviving 30.24 spouse benefit to a former spouse. 30.25 Subd. 2. [PAYMENT OF FUNDS BY RETIREMENT PLAN.] (a) If the 30.26 court has ordered that a spouse has an interest in a pension 30.27 plan, the court may order the pension plan to withhold payment 30.28 of a refund upon termination of employment or lump sum 30.29 distribution to the extent of the spouse's interest in the plan,30.30 or to provide survivor benefits ordered by the court. 30.31 (b) The court may not order the pension plan to: 30.32 (1) pay more than the equivalent of one surviving spouse 30.33 benefit, regardless of the number of spouses or former spouses 30.34 who may be sharing in a portion of the total benefit; 30.35 (2) pay surviving spouse benefits under circumstances where 30.36 the plan member does not have a right to elect surviving spouse 31.1 benefits; 31.2 (3) pay surviving spouse benefits to a former spouse if the 31.3 former spouse would not be eligible for benefits under the terms 31.4 of the plan; or 31.5 (4)orderpay survivor benefits which, when combined with 31.6 the annuity or benefit payable to the pension plan member, 31.7 exceed the actuarial equivalent value of the normal retirement 31.8 annuity form, determined under the plan documents of the pension 31.9 plan then in effect and the actuarial assumptions then in effect 31.10 for calculating optional annuity forms by the pension plan or 31.11 for calculating the funding requirements of the pension plan if 31.12 no optional annuity forms are provided by the pension plan. 31.13 (c) If more than one spouse or former spouse is entitled to 31.14 a surviving spouse benefit, the pension planshallmust pay each 31.15 spouse a portion of the benefit based on the ratio of the number 31.16 of years the spouse was married to the plan member to the total 31.17 number of years the plan member was married to spouses who are 31.18 entitled to the benefit. 31.19 Subd. 3. [NOTICE TO FORMER SPOUSE.] A pension plan 31.20shallmust notify a former spouse of an application by the 31.21 employee for a refund of pension benefits if the former spouse 31.22 has filed with the pension plan: 31.23 (1) a copy of the court order, including a withholding 31.24 order, determining the former spouse's rights; 31.25 (2) the name and last known address of the employee; and 31.26 (3) the name and address of the former spouse. 31.27 A pension planshallmust comply with an order, including a 31.28 withholding order, issued by a court having jurisdiction over 31.29 dissolution of marriage that is served on the pension plan, if 31.30 the order states the name, last known address of the payees, and 31.31 name and address of the former spouse,or if the names and 31.32 addresses are provided to the pension plan with service of the 31.33 order. 31.34 Subd. 4. [DEFINITIONS.]For purposes ofThe definitions in 31.35 this subdivision apply to this section, the following terms have31.36the meanings given in this subdivision. 32.1 (a) "Current or former employee" or "employee" means an 32.2 individual who has an interest in a pension plan. 32.3 (b) "Surviving spouse benefit" means (1) a benefit a 32.4 surviving spouse may be eligible for under the laws and bylaws 32.5 of the pension plan if the employee dies before retirement, or 32.6 (2) a benefit selected for or available to a surviving spouse 32.7 under the laws and bylaws of the pension plan upon the death of 32.8 the employee after retirement. 32.9 Sec. 37. Minnesota Statutes 2002, section 518.582, is 32.10 amended to read: 32.11 518.582 [PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.] 32.12 Subdivision 1. [APPOINTMENT OF ACTUARY.]EachA court of 32.13 this statethat haswith jurisdiction to decide marriage 32.14 dissolution matters may appoint a qualified person experienced 32.15 in the valuation of pension benefits and rights to function as 32.16 an expert witness in valuing pension benefits or rights. 32.17 Subd. 2. [STANDARDS.] (a) A court appointed actuaryshall32.18 must determine the present value of pension benefits or rights 32.19 that are marital property of the parties to the action: 32.20 (1) based on the applicable plan documents of the pension 32.21 plan and the applicable actuarial assumptions specified for use 32.22 in calculating optional annuity forms by the pension plan or for 32.23 funding the pension plan, if reasonable,; or 32.24 (2) as specified by the court. 32.25 (b) The court appointed actuaryshallmust report to the 32.26 court and to the parties the present value of the pension 32.27 benefits or rights that are marital property. 32.28 Subd. 3. [COMPENSATION.] The court appointed actuary may 32.29 be compensated at a rate established by the court. The 32.30 compensation of the court appointed actuaryshallmust be 32.31 allocated between the parties as the court directs. 32.32 Subd. 4. [STIPULATION.] In lieu of valuing pension 32.33 benefits or rights through use of the court appointed actuary, 32.34 the parties may stipulate the present value of pension benefits 32.35 or rights that are marital property. 32.36 Sec. 38. Minnesota Statutes 2002, section 518.62, is 33.1 amended to read: 33.2 518.62 [TEMPORARY ORDER; MAINTENANCE; HOMESTEAD.] 33.3 Temporary maintenanceand temporary supportmay be awarded 33.4 as provided in section 518.131. The court may also award to 33.5 either party to the proceeding, having due regard to all the 33.6 circumstances and the party awarded the custody of the children, 33.7 the right to the exclusive use of the household goods and 33.8 furniture of the parties pending the proceeding and the right to 33.9 the use of the homestead of the parties, exclusive or otherwise, 33.10 pending the proceeding. The court may order either party to 33.11 remove from the homestead of the parties upon proper application 33.12 to the court for an order pending the proceeding. 33.13 Sec. 39. Minnesota Statutes 2002, section 518.64, 33.14 subdivision 1, is amended to read: 33.15 Subdivision 1. [AUTHORITY.] (a) After an order for 33.16 temporary or permanent maintenanceor support money, temporary33.17or permanent,or for the appointment of trustees to receive 33.18 property awarded as maintenanceor support money, the court may33.19from time to time, on motion of either of the parties, either 33.20 party or the public authority responsible for support 33.21 enforcement may move for modification. A copy ofwhich isa 33.22 motion by a party must be served on the public authority 33.23 responsible forchildsupport enforcement if payments are made 33.24 through it, or on motion of the public authority responsible for33.25support enforcement,. 33.26 (b) The court may: 33.27 (1) modify the order respecting the amount of 33.28 maintenanceor support money,and theits paymentof it,and33.29also respecting theor appropriation and payment of the 33.30 principal and income of property held in trust,; andmay33.31 (2) make an order respecting these matters which it might 33.32 have made in the original proceeding,except as herein otherwise33.33providedsubject to subdivisions 2 to 5. 33.34 (c) A party or the public authority also may bring a motion 33.35 for contempt of court if the obligor is in arrears insupport or33.36 maintenance payments. 34.1 Sec. 40. Minnesota Statutes 2002, section 518.64, 34.2 subdivision 2, is amended to read: 34.3 Subd. 2. [MODIFICATION.] (a) The terms of an order 34.4 respecting maintenanceor supportmay be modified upon a showing 34.5 of one or more of the following: (1) substantially increased or 34.6 decreased earnings of a party; (2) substantially increased or 34.7 decreased need of a partyor the child or children that are the34.8subject of these proceedings; (3) receipt of assistance under 34.9 the AFDC program formerly codified under sections 256.72 to 34.10 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 34.11 change in the cost of living for either party as measured by the 34.12 federal bureau of statistics, any of which makes the terms 34.13 unreasonable and unfair; (5) extraordinary medical expenses of 34.14 the child not provided for under section 518.171; or (6) the 34.15 addition of work-related or education-related child care 34.16 expenses of the obligee or a substantial increase or decrease in 34.17 existing work-related or education-related child care expenses. 34.18On a motion to modify support, the needs of any child the34.19obligor has after the entry of the support order that is the34.20subject of a modification motion shall be considered as provided34.21by section 518.551, subdivision 5f.34.22(b) It is presumed that there has been a substantial change34.23in circumstances under paragraph (a) and the terms of a current34.24support order shall be rebuttably presumed to be unreasonable34.25and unfair if:34.26(1) the application of the child support guidelines in34.27section 518.551, subdivision 5, to the current circumstances of34.28the parties results in a calculated court order that is at least34.2920 percent and at least $50 per month higher or lower than the34.30current support order;34.31(2) the medical support provisions of the order established34.32under section 518.171 are not enforceable by the public34.33authority or the obligee;34.34(3) health coverage ordered under section 518.171 is not34.35available to the child for whom the order is established by the34.36parent ordered to provide; or35.1(4) the existing support obligation is in the form of a35.2statement of percentage and not a specific dollar amount.35.3(c)(b) On a motion for modification of maintenance, 35.4 including a motion for the extension of the duration of a 35.5 maintenance award, the courtshallmust apply, in addition to 35.6 all other relevant factors, the factors for an award of 35.7 maintenance under section 518.552 that exist at the time of the 35.8 motion.On a motion for modification of support, the court:35.9(1) shall apply section 518.551, subdivision 5, and shall35.10not consider the financial circumstances of each party's spouse,35.11if any; and35.12(2) shall not consider compensation received by a party for35.13employment in excess of a 40-hour work week, provided that the35.14party demonstrates, and the court finds, that:35.15(i) the excess employment began after entry of the existing35.16support order;35.17(ii) the excess employment is voluntary and not a condition35.18of employment;35.19(iii) the excess employment is in the nature of additional,35.20part-time employment, or overtime employment compensable by the35.21hour or fractions of an hour;35.22(iv) the party's compensation structure has not been35.23changed for the purpose of affecting a support or maintenance35.24obligation;35.25(v) in the case of an obligor, current child support35.26payments are at least equal to the guidelines amount based on35.27income not excluded under this clause; and35.28(vi) in the case of an obligor who is in arrears in child35.29support payments to the obligee, any net income from excess35.30employment must be used to pay the arrearages until the35.31arrearages are paid in full.35.32(d)(c) A modification ofsupport ormaintenance, including 35.33 interest that accrued pursuant to section 548.091, may be made 35.34 retroactive only with respect to any period during which the 35.35 petitioning party has pending a motion for modification but only 35.36 from the date of service of notice of the motion on the 36.1 responding party and on the public authority if public 36.2 assistance is being furnished or the county attorney is the 36.3 attorney of record. However, modification may be applied to an 36.4 earlier period if the court makes express findings that: 36.5 (1) the party seeking modification was precluded from 36.6 serving a motion by reason of a significant physical or mental 36.7 disability, a material misrepresentation of another party, or 36.8 fraud upon the court and that the party seeking modification, 36.9 when no longer precluded, promptly served a motion; 36.10 (2) the party seeking modification was a recipient of 36.11 federal Supplemental Security Income (SSI), Title II Older 36.12 Americans, Survivor's Disability Insurance (OASDI), other 36.13 disability benefits, or public assistance based upon need during 36.14 the period for which retroactive modification is sought; 36.15 (3) the order for which the party seeks amendment was 36.16 entered by default, the party shows good cause for not 36.17 appearing, and the record contains no factual evidence, or 36.18 clearly erroneous evidence regarding the individual obligor's 36.19 ability to pay; or 36.20 (4) the party seeking modification was institutionalized or 36.21 incarcerated for an offense other than nonsupport of a child 36.22 during the period for which retroactive modification is sought 36.23 and lacked the financial ability to pay the support ordered 36.24 during that time period. In determining whether to allow the 36.25 retroactive modification, the court shall consider whether and 36.26 when a request was made to the public authority for support 36.27 modification. 36.28The court may provide that a reduction in the amount allocated36.29for child care expenses based on a substantial decrease in the36.30expenses is effective as of the date the expenses decreased.36.31(e)(d) Except for an award of the right of occupancy of 36.32 the homestead, provided inunder section 518.63, all divisions 36.33 of real and personal property provided by section 518.58shall36.34beare final, and may be revoked or modified onlywhereif the 36.35 court finds the existence of conditions that justify reopening a 36.36 judgment under the laws of this state, including motions under 37.1 section 518.145, subdivision 2. The court may impose a lien or 37.2 charge on the divided property at any time while the property, 37.3 or subsequently acquired property, is owned by the parties or 37.4 either of them, for the payment of maintenance or supportmoney,37.5 or may sequester the propertyas is provided byunder section 37.6 518.24. 37.7(f)(e) The court need not hold an evidentiary hearing on a 37.8 motion for modification of maintenance or support. 37.9(g)(f) Section 518.14shall governgoverns the award of 37.10 attorney fees for motions brought under this subdivision. 37.11 Sec. 41. Minnesota Statutes 2002, section 518.641, is 37.12 amended to read: 37.13 518.641 [COST-OF-LIVING ADJUSTMENTS IN MAINTENANCEOR CHILD37.14SUPPORTORDER.] 37.15 Subdivision 1. [REQUIREMENT.] (a) An order establishing, 37.16 modifying, or enforcing maintenanceor child support shallmust 37.17 provide for a biennial adjustment in the amount to be paid based 37.18 on a change in the cost of living. An order that provides for a 37.19 cost-of-living adjustmentshallmust specify the cost-of-living 37.20 index to be applied and the date on which the cost-of-living 37.21 adjustmentshall becomebecomes effective. The court may use 37.22 the consumer price index for all urban consumers, 37.23 Minneapolis-St. Paul (CPI-U), the consumer price index for wage 37.24 earners and clerical, Minneapolis-St. Paul (CPI-W), or another 37.25 cost-of-living index published by the department of labor which 37.26 it specifically finds is more appropriate. Cost-of-living 37.27 increases under this sectionshallmust be compounded. The 37.28 court may also increase the amount by more than the 37.29 cost-of-living adjustment by agreement of the parties or by 37.30 making further findings. 37.31 (b) The adjustment becomes effective on the first of May of 37.32 the year in which it is made, for cases in which payment is made 37.33 to the public authority. For cases in which payment is not made 37.34 to the public authority, application for an adjustment may be 37.35 made in any month but no application for an adjustment may be 37.36 made sooner than two years after the date of the dissolution 38.1 decree. A court may waive the requirement of the cost-of-living 38.2 clause if it expressly finds that the obligor's occupation or 38.3 income, or both, does not provide for a cost-of-living 38.4 adjustment or that the order for maintenanceor child support38.5 has a provision such as a step increase that has the effect of a 38.6 cost-of-living clause. The court may waive a cost-of-living 38.7 adjustment in a maintenance order if the parties so agree in 38.8 writing.The commissioner of human services may promulgate38.9rules for child support adjustments under this section in38.10accordance with the rulemaking provisions of chapter 14.Notice 38.11 of this statute must comply with section 518.68, subdivision 2. 38.12 Subd. 2. [NOTICE.] No adjustment under this section may be 38.13 made unless the order provides for it and the notice provisions 38.14 of this subdivision are followed. The public authority or the 38.15 obligee, if the obligee is requesting the cost-of-living 38.16 adjustment,sendsmust send notice of the intended adjustment to 38.17 the obligor at the obligor's last known address at least 20 days 38.18 before the effective date of the adjustment. The noticeshall38.19 must inform the obligor of the date on which the adjustmentwill38.20becomebecomes effective and the procedures for contesting the 38.21 adjustment. 38.22 Subd. 2a. [PROCEDURES FOR CONTESTING ADJUSTMENT.] (a) To 38.23 contest cost-of-living adjustments initiated by the public 38.24 authority or an obligee who has applied for or is receiving 38.25child support andmaintenance collection services from the 38.26 public authority, other than income withholding only services, 38.27 the obligor, before the effective date of the adjustment, must: 38.28 (1) file a motion contesting the cost-of-living adjustment 38.29 with the court administrator; and 38.30 (2) serve the motion by first-class mail on the public 38.31 authority and the obligee. 38.32 The hearingshallmust take place in the expedited child 38.33 support process as governed by section 484.702. 38.34 (b) To contest cost-of-living adjustments initiated by an 38.35 obligee who is not receivingchild support andmaintenance 38.36 collection services from the public authority, orforby an 39.1 obligee who receives income withholding only services from the 39.2 public authority, the obligor must, before the effective date of 39.3 the adjustment: 39.4 (1) file a motion contesting the cost-of-living adjustment 39.5 with the court administrator; and 39.6 (2) serve the motion by first-class mail on the obligee. 39.7 The hearingshallmust take place in district court. 39.8 (c) Upon receipt of a motion contesting the cost-of-living 39.9 adjustment, the cost-of-living adjustmentshallmust be stayed 39.10 pending further order of the court. 39.11 (d) The court administratorshallmust make available pro 39.12 se motion forms for contesting a cost-of-living adjustment under 39.13 this subdivision. 39.14 Subd. 3. [RESULT OF HEARING.] If, at a hearing pursuant to 39.15 this section, the obligor establishes an insufficient cost of 39.16 living or other increase in income that prevents fulfillment of 39.17 the adjusted maintenanceor child supportobligation, the court 39.18 or child support magistrate may direct that all or part of the 39.19 adjustment not take effect. If, at the hearing, the obligor 39.20 does not establish this insufficient increase in income, the 39.21 adjustmentshallmust take effect as of the date it would have 39.22 become effective had no hearing been requested. 39.23 Sec. 42. Minnesota Statutes 2002, section 518.642, is 39.24 amended to read: 39.25 518.642 [OVERPAYMENTS.] 39.26 Ifchild support ormaintenance is not assigned under 39.27 section 256.741,and an obligor has overpaid achild support or39.28 maintenance obligation because of a modification or error in the 39.29 amount owed, the public authorityshallmust: 39.30 (1) apply the amount of the overpayment to reduce the 39.31 amount of anychild support ormaintenance-related arrearages or 39.32 debts owed to the obligee; and 39.33 (2) if an overpayment exists after the reduction of any 39.34 arrearage or debt, reduce the amount of thechild39.35supportmaintenance remitted to the obligee by an amount no 39.36 greater than 20 percent of the current monthlysupport or40.1 maintenance obligation and remit this amount to the obligor 40.2 until the overpayment is reduced to zero. 40.3 Sec. 43. [518.643] [MAINTENANCE PAYMENT ENFORCEMENT.] 40.4 The enforcement requirements and procedures in sections 40.5 517C.35, subdivision 1, 517C.51 to 517C.62, 517C.64, 517C.72, 40.6 517C.74, 517C.75, 517C.76, 517C.78, and 517C.79, apply to 40.7 maintenance payments as well as child support obligations. 40.8 Sec. 44. Minnesota Statutes 2002, section 518.646, is 40.9 amended to read: 40.10 518.646 [NOTICE OF ORDER.] 40.11Whenever these laws requireIf a law requires service of a 40.12 court's order on an employer, union, or payor of funds, service 40.13 of a verified notice of order may be made in lieuthereofof the 40.14 order. The verified noticeshallmust contain the title of the 40.15 action, the name of the court, the court file number, the date 40.16 of the court order, andshall recitethe operative provisions of 40.17 the order. 40.18 Sec. 45. Minnesota Statutes 2002, section 518.65, is 40.19 amended to read: 40.20 518.65 [PROPERTY; SALE, PARTITION.] 40.21 In order to effect a division or award of propertyas is40.22provided byunder section 518.58, the court may order property 40.23 sold or partitioned. Personal property may be ordered sold in 40.24 the manner directed by the court,and real estate may be 40.25 partitioned in the manner provided by Minnesota Statutes 1949, 40.26 chapter 558. 40.27 Sec. 46. Minnesota Statutes 2002, section 518.68, 40.28 subdivision 1, is amended to read: 40.29 Subdivision 1. [REQUIREMENT.] Every court order or 40.30 judgment and decree that provides for child support, spousal 40.31 maintenance, custody, or parenting time must contain certain 40.32 notices as set out insubdivision 2. The information in the40.33notices must be concisely stated in plain language. The notices40.34must be in clearly legible print, but may not exceed two pages.40.35An order or judgment and decree without the notice remains40.36subject to all statutes. The court may waive all or part of the41.1notice required under subdivision 2 relating to parental rights41.2under section 518.17, subdivision 3, if it finds it is necessary41.3to protect the welfare of a party or childsection 517C.99. 41.4 Sec. 47. [REVISOR'S INSTRUCTION.] 41.5 The revisor of statutes must renumber the sections in 41.6 Minnesota Statutes listed in column A as indicated in column B 41.7 and correct cross-references to those sections throughout 41.8 Minnesota Statutes and Minnesota Rules. 41.9 A B 41.10 518.002 517A.02, subd. 5 41.11 518.003 517A.01 41.12 518.005 517A.02 41.13 518.01 517A.07 41.14 518.02 517A.08 41.15 518.03 517A.09 41.16 518.04 517A.10 41.17 518.05 517A.11 41.18 518.055 517A.12 41.19 518.06 517A.15 41.20 518.07 517A.16 41.21 518.09 517A.18 41.22 518.091 517A.19 41.23 518.10 517A.20 41.24 518.11 517A.22 41.25 518.12 517A.23 41.26 518.13 517A.24 41.27 518.131 517A.03 41.28 518.14, subd. 1 517A.04 41.29 518.145 517A.28 41.30 518.146 517A.21 41.31 518.148 517A.26 41.32 518.191 517A.27 41.33 518.195 517A.17 41.34 518.24 517A.33 41.35 518.25 517A.30 41.36 518.27 517A.25 42.1 518.54, subd. 1 517A.31, subd. 1 42.2 518.54, subd. 2a 517A.31, subd. 2 42.3 518.54, subd. 2b 517A.31, subd. 3 42.4 518.54, subd. 3 517A.31, subd. 4 42.5 518.54, subd. 4 517A.31, subd. 5 42.6 518.54, subd. 5 517A.31, subd. 6 42.7 518.54, subd. 6 517A.31, subd. 7 42.8 518.54, subd. 7 517A.31, subd. 8 42.9 518.54, subd. 8 517A.31, subd. 9 42.10 518.54, subd. 9 517A.31, subd. 10 42.11 518.54, subd. 10 517A.31, subd. 11 42.12 518.54, subd. 11 517A.31, subd. 12 42.13 518.54, subd. 12 517A.31, subd. 13 42.14 518.55, subd. 1 517A.32, subd. 4 42.15 518.55, subd. 3 517A.32, subd. 5 42.16 518.552, subd. 1 517A.32, subd. 1 42.17 518.552, subd. 2 517A.32, subd. 2 42.18 518.552, subd. 3 517A.32, subd. 3 42.19 518.552, subd. 4 517A.32, subd. 6 42.20 518.552, subd. 5 517A.32, subd. 7 42.21 518.58 517A.37 42.22 518.581 517A.39 42.23 518.582 517A.40 42.24 518.63 517A.41 42.25 518.64 517A.35 42.26 518.641, subd. 1 517A.34, subd. 1 42.27 518.641, subd. 2 517A.34, subd. 2 42.28 518.641, subd. 2a 517A.34, subd. 3 42.29 518.641, subd. 3 517A.43, subd. 4 42.30 518.642 517A.36 42.31 518.646 517A.05 42.32 518.65 517A.38 42.33 518.68 517A.06 42.34 Sec. 48. [REPEALER.] 42.35 Minnesota Statutes 2002, sections 518.14, subdivision 2; 42.36 518.55, subdivision 4; 518.62; 518.64, subdivisions 4, 4a, and 43.1 5; and 518.68, subdivisions 2 and 3, are repealed. 43.2 ARTICLE 2 43.3 CUSTODY, PARENTING TIME, AND VISITATION 43.4 GENERAL 43.5 Section 1. [517B.01] [DEFINITIONS.] 43.6 Subdivision 1. [SCOPE.] The definitions in this section 43.7 apply to this chapter. 43.8 Sec. 2. [517B.03] [TEMPORARY ORDERS RELATING TO CUSTODY 43.9 AND PARENTING TIME.] 43.10 (a) A temporary order for custody or parenting time may be 43.11 sought under section 517A.03. 43.12 (b) A party seeking a temporary custody order must submit 43.13 with moving papers an affidavit setting forth facts supporting 43.14 the requested order. The party must give notice and a copy of 43.15 the affidavit to other parties to the proceeding, who may file 43.16 opposing affidavits. 43.17 Sec. 3. [517B.04] [CUSTODY, PARENTING TIME, AND VISITATION 43.18 NOTICES.] 43.19 (a) A court order or judgment and decree concerning custody 43.20 of or parenting time with a minor child must contain the notice 43.21 set out in section 517C.99, subdivision 3. 43.22 Sec. 4. [517B.05] [ATTORNEY FEES, COSTS, AND 43.23 DISBURSEMENTS.] 43.24 Attorney fees, costs, and disbursements must be awarded in 43.25 a proceeding under this chapter as provided by section 517A.04. 43.26 Sec. 5. [517B.17] [CUSTODY OF CHILDREN.] 43.27 Subdivision 1. [CUSTODY ORDER.] Upon adjudging the nullity 43.28 of a marriage, in a dissolution or legal separation proceeding, 43.29 or in a child custody proceeding, the court must make a further 43.30 order as it deems just and proper concerning: 43.31 (1) the legal custody of each minor child of the parties, 43.32 which must be sole or joint; and 43.33 (2) their physical custody and residence. 43.34 Subd. 2. [STANDARD; PREFERENCE PROHIBITED.] In determining 43.35 custody, the court must consider the best interests of the child 43.36 and must not prefer one parent over the other solely on the 44.1 basis of the sex of the parent. 44.2 Subd. 3. [THE BEST INTERESTS OF THE CHILD; FACTORS.] "The 44.3 best interests of the child" means all relevant factors to be 44.4 considered and evaluated by the court including: 44.5 (1) the wishes of the child's parent or parents as to 44.6 custody; 44.7 (2) the reasonable preference of the child, if the court 44.8 deems the child to be of sufficient age to express a preference; 44.9 (3) the child's primary caretaker; 44.10 (4) the intimacy of the relationship between each parent 44.11 and the child; 44.12 (5) the interaction and interrelationship of the child with 44.13 a parent or parents, siblings, and any other person who may 44.14 significantly affect the child's best interests; 44.15 (6) the child's adjustment to home, school, and community; 44.16 (7) the length of time the child has lived in a stable, 44.17 satisfactory environment and the desirability of maintaining 44.18 continuity; 44.19 (8) the permanence, as a family unit, of the existing or 44.20 proposed home; 44.21 (9) the mental and physical health of all individuals 44.22 involved; except that a disability, as defined in section 44.23 363.01, of a parent or the child is not determinative of the 44.24 custody of the child, unless the proposed custodial arrangement 44.25 is not in the best interest of the child; 44.26 (10) the capacity and disposition of the parties to give 44.27 the child love, affection, and guidance, and to continue 44.28 educating and raising the child in the child's culture and 44.29 religion or creed, if any; 44.30 (11) the child's cultural background; 44.31 (12) the effect on the child of the actions of an abuser, 44.32 if related to domestic abuse, as defined in section 518B.01, 44.33 that has occurred between the parents or between a parent and 44.34 another individual, whether or not the individual alleged to 44.35 have committed domestic abuse is or ever was a family or 44.36 household member of the parent; 45.1 (13) except in cases in which a finding of domestic abuse 45.2 as defined in section 518B.01 has been made, the disposition of 45.3 each parent to encourage and permit frequent and continuing 45.4 contact by the other parent with the child; and 45.5 (14) evidence of a violation of section 609.507. 45.6 Subd. 4. [BEST INTERESTS DETERMINATION.] The court must 45.7 make detailed findings on each of the factors in subdivision 3 45.8 and explain how the factors led to its conclusion and to the 45.9 determination of the best interests of the child. In 45.10 determining the best interests of a child, the court may not use 45.11 one factor in subdivision 3 to the exclusion of all others. The 45.12 primary caretaker factor may not be used as a presumption in 45.13 determining the best interests of the child. The court may not 45.14 consider conduct of a parent that does not affect the parent's 45.15 relationship to the child. 45.16 Sec. 6. [517B.18] [JOINT CUSTODY.] 45.17 Subdivision 1. [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 45.18 addition to the factors listed in section 517B.17, if either 45.19 joint legal or joint physical custody is sought, the court must 45.20 consider the following relevant factors: 45.21 (1) the ability of parents to cooperate in the rearing of 45.22 their child; 45.23 (2) methods for resolving disputes regarding any major 45.24 decision concerning the life of the child, and the parents' 45.25 willingness to use those methods; 45.26 (3) whether it would be detrimental to the child if one 45.27 parent were to have sole authority over the child's upbringing; 45.28 and 45.29 (4) whether domestic abuse, as defined in section 518B.01, 45.30 has occurred between the parents. 45.31 Subd. 2. [PRESUMPTIONS; FINDINGS.] (a) The court must use 45.32 a rebuttable presumption that upon request of either or both 45.33 parents, joint legal custody is in the best interests of the 45.34 child. However, the court must use a rebuttable presumption 45.35 that joint legal or physical custody is not in the best 45.36 interests of the child if domestic abuse, as defined in section 46.1 518B.01, has occurred between the parents. 46.2 (b) If the court awards joint legal or physical custody 46.3 over the objection of a parent, the court must make detailed 46.4 findings on each of the factors in this section and explain how 46.5 the factors led to its determination that joint custody would be 46.6 in the best interests of the child. 46.7 Subd. 3. [JOINT CUSTODY; SUPPORT GUIDELINES.] An award of 46.8 joint legal custody is not a reason for departure from the child 46.9 support guidelines in sections 517C.12 to 517C.16. 46.10 Sec. 7. [517B.19] [CUSTODY; ACCESS RIGHTS OF PARENTS; 46.11 LIMITATIONS.] 46.12 Subdivision 1. [ACCESS; LIMITATIONS.] (a) Whether sole or 46.13 joint legal custody is ordered, the court must grant the 46.14 following rights to each of the parties, unless specific 46.15 findings are made under section 517C.99, subdivision 1. Each 46.16 party: 46.17 (1) has the right of access to, and to receive copies of, a 46.18 minor child's school, medical, dental, religious training, and 46.19 other important records and information; 46.20 (2) has the right of access to information regarding health 46.21 or dental insurance available to a minor child; 46.22 (3) must keep the other party informed as to the name and 46.23 address of the school a minor child attends; 46.24 (4) must notify the other party of any accident or serious 46.25 illness of a minor child, and the name of the health care 46.26 provider, and the place of treatment; and 46.27 (5) has the right to reasonable access and telephone 46.28 contact with a minor child. 46.29 (b) Each party has the right to be informed by school 46.30 officials about a child's welfare, educational progress and 46.31 status, and to attend school and parent-teacher conferences. 46.32 The school is not required to hold a separate conference for 46.33 each party. 46.34 (c) The court may waive any of the rights under this 46.35 subdivision if it finds it is necessary to protect the welfare 46.36 of a party or child. 47.1 Sec. 8. Minnesota Statutes 2002, section 518.003, 47.2 subdivision 3, is amended to read: 47.3 Subd. 3. [CUSTODY.] Unless otherwise agreed by the parties: 47.4 (a) "Legal custody" means the right to determine the 47.5 child's upbringing, including education, health care, and 47.6 religious training. 47.7 (b) "Joint legal custody" means that both parents have 47.8 equal rights and responsibilities, including the right to 47.9 participate in major decisions determining the child's 47.10 upbringing, including education, health care, and religious 47.11 training. 47.12 (c) "Physical custody and residence" means the routine 47.13 daily care and control and the residence of the child. 47.14 (d) "Joint physical custody" means that the routine daily 47.15 care and control and the residence of the child is structured 47.16 between the parties. 47.17 (e)Wherever used in this chapter, the term"Custodial 47.18 parent" or "custodian" means the person who has the physical 47.19 custody of the child at any particular time. 47.20 (f) "Custody determination" means a court decision and 47.21 court orders and instructions providing for the custody of a 47.22 child, including parenting time, but does not include a decision 47.23 relating to child support or any other monetary obligation of 47.24 any person. 47.25 (g) "Custody proceeding" includes proceedings in which a 47.26 custody determination is one of several issues, such as an 47.27 action for dissolution, divorce, or separation, and includes 47.28 proceedings involving children who are in need of protection or 47.29 services, domestic abuse, and paternity. 47.30 Sec. 9. Minnesota Statutes 2002, section 518.155, is 47.31 amended to read: 47.32 518.155 [CUSTODYDETERMINATIONSAND PARENTING TIME 47.33 JURISDICTION.] 47.34 Notwithstanding any law to the contrary, a court in which a 47.35 proceeding for dissolution, legal separation, or child custody 47.36 has been commencedshallmust not issue, revise, modify or amend 48.1 any order, pursuant tosectionssection 518.131, 518.165, 48.2 518.168, 518.17, 518.175 or 518.18,whichthat affects the 48.3 custody of a minor child or the parenting time of a parent 48.4 unless the court has jurisdiction over the matterpursuant to48.5the provisions ofunder chapter 518D. 48.6 Sec. 10. Minnesota Statutes 2002, section 518.156, is 48.7 amended to read: 48.8 518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.] 48.9 Subdivision 1. [PROCEDURE.] In a court of this statewhich48.10 that has jurisdiction to decide child custody matters, a child 48.11 custody proceeding is commenced by a parent: 48.12 (1) by filing a petition for dissolution or legal 48.13 separation; or 48.14 (2)whereif a decree of dissolution or legal separation 48.15 has been entered or where none is sought, orwhenif paternity 48.16 has been recognized under section 257.75, by filing a petition 48.17 or motion seeking custody or parenting time with the child in 48.18 the county where the child is permanently resident or where the 48.19 child is found or where an earlier order for custody of the 48.20 child has been entered. 48.21 Subd. 2. [REQUIRED NOTICE.] Written notice of a child 48.22 custody or parenting time or visitation proceedingshallmust be 48.23 given to the child's parent, guardian, and custodian, who may 48.24 appear and be heard and may file a responsive pleading. The 48.25 court may, upon a showing of good cause, permit the intervention 48.26 of other interested parties. 48.27 Sec. 11. Minnesota Statutes 2002, section 518.157, 48.28 subdivision 1, is amended to read: 48.29 Subdivision 1. [IMPLEMENTATION; ADMINISTRATION.]By48.30January 1, 1998,The chief judge of each judicial district or a 48.31 designeeshallmust implement one or more parent education 48.32 programs within the judicial district for the purpose of 48.33 educating parents about the impact that divorce, the 48.34 restructuring of families, and judicial proceedings have upon 48.35 children and families; methods for preventing parenting time 48.36 conflicts; and dispute resolution options. The chief judge of 49.1 each judicial district or a designee may require that children 49.2 attend a separate education program designed to deal with the 49.3 impact of divorce upon children as part of the parent education 49.4 program. Each parent education program must enable persons to 49.5 have timely and reasonable access to education sessions. 49.6 Sec. 12. Minnesota Statutes 2002, section 518.157, 49.7 subdivision 2, is amended to read: 49.8 Subd. 2. [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 49.9 court should promulgate minimum standards for the implementation 49.10 and administration of a parent education program. The chief 49.11 judge of each judicial district or a designeeshallmust submit 49.12 a plan to the Minnesota conference of chief judges for their 49.13 approval that is designed to implement and administer a parent 49.14 education program in the judicial district. The plan must be 49.15 consistent with the minimum standards promulgated by the 49.16 Minnesota supreme court. 49.17 Sec. 13. Minnesota Statutes 2002, section 518.157, 49.18 subdivision 3, is amended to read: 49.19 Subd. 3. [ATTENDANCE.] In a proceeding under this chapter 49.20 or sections 257.51 to 257.75 where custody or parenting time is 49.21 contested, the parents of a minor childshallmust attend an 49.22 orientation and education program that meets the minimum 49.23 standards promulgated by the Minnesota supreme court. In all 49.24 other proceedings involving custody, support, or parenting time 49.25 the court may order the parents of a minor child to attend a 49.26 parent education program. The programshallmust provide the 49.27 court with names of persons who fail to attend the parent 49.28 education program as ordered by the court. Persons who are 49.29 separated or contemplating involvement in a dissolution, 49.30 paternity, custody, or parenting time proceeding may attend a 49.31 parent education program without a court order. Participation 49.32 in a parent education program must occur as early as possible. 49.33 Parent education programs must offer an opportunity to 49.34 participate at all phases of a pending or postdecree 49.35 proceeding. Upon request of a party and a showing of good 49.36 cause, the court may excuse the party from attending the 50.1 program. If past or present domestic abuse, as defined in 50.2 chapter 518B, is alleged, the courtshallmust not require the 50.3 parties to attend the same parent education sessions andshall50.4 must enter an order setting forth the manner in which the 50.5 parties may safely participate in the program. 50.6 Sec. 14. Minnesota Statutes 2002, section 518.157, 50.7 subdivision 5, is amended to read: 50.8 Subd. 5. [CONFIDENTIALITY.] Unless all parties agree in 50.9 writing, statements made by a party during participation in a 50.10 parent education program are inadmissible as evidence for any 50.11 purpose, including impeachment. No record may be made regarding 50.12 a party's participation in a parent education program, except a 50.13 record of attendance at and completion of the program as 50.14 required under this section. Instructorsshallmust not 50.15 disclose information regarding an individual participant 50.16 obtained as a result of participation in a parent education 50.17 program. Parent education instructors may not be subpoenaed or 50.18 called as witnesses in court proceedings. 50.19 Sec. 15. Minnesota Statutes 2002, section 518.157, 50.20 subdivision 6, is amended to read: 50.21 Subd. 6. [FEE.] Except as provided in this subdivision, 50.22 each person who attends a parent education programshallmust 50.23 pay a fee to defray the cost of the program. A party who 50.24 qualifies for waiver of filing fees under section 563.01 is 50.25 exempt from paying the parent education program fee, and the 50.26 courtshallmust waive the fee or direct its payment under 50.27 section 563.01. Program providers shall implement a sliding fee 50.28 scale. 50.29 Sec. 16. Minnesota Statutes 2002, section 518.165, is 50.30 amended to read: 50.31 518.165 [GUARDIANS FOR MINOR CHILDREN.] 50.32 Subdivision 1. [PERMISSIVE APPOINTMENT OF GUARDIAN AD 50.33 LITEM.] In all proceedings for child custody or for dissolution 50.34 or legal separation where custody or parenting time with a minor 50.35 child is in issue, the court may appoint a guardian ad litem 50.36 from a panel established by the court to represent the interests 51.1 of the child. The guardian ad litemshallmust advise the court 51.2 with respect to custody, support, and parenting time. 51.3 Subd. 2. [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] The 51.4 court must appoint a guardian ad litem in all proceedings for 51.5 child custody or for marriage dissolution or legal separation in 51.6 which custody or parenting time with a minor child is an issue, 51.7 if the court has reason to believe that the minor child is a 51.8 victim of domestic child abuse or neglect, as those terms are 51.9 defined in sections 260C.007 and 626.556, respectively, the51.10court shall appoint a guardian ad litem. The guardian ad 51.11 litemshallmust represent the interests of the child and advise 51.12 the court with respect to custody, support, and parenting time. 51.13 If the child is represented by a guardian ad litem in any other 51.14 pending proceeding, the court may appoint that guardian to 51.15 represent the child in the custody or parenting time 51.16 proceeding. No guardian ad litem need be appointed if the 51.17 alleged domestic child abuse or neglect is before the court on a 51.18 juvenile dependency and neglect petition. Nothing in this 51.19 subdivision requires the court to appoint a guardian ad litem in 51.20 any proceeding for child custody, marriage dissolution, or legal 51.21 separation in which an allegation of domestic child abuse or 51.22 neglect has not been made. 51.23 Subd. 2a. [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 51.24 guardian ad litemshallmust carry out the following 51.25 responsibilities: 51.26 (1) conduct an independent investigation to determine the 51.27 facts relevant to the situation of the child and the family, 51.28 which must include, unless specifically excluded by the court, 51.29 reviewing relevant documents; meeting with and observing the 51.30 child in the home setting and considering the child's wishes, as 51.31 appropriate; and interviewing parents, caregivers, and others 51.32 with knowledge relevant to the case; 51.33 (2) advocate for the child's best interests by 51.34 participating in appropriate aspects of the case and advocating 51.35 for appropriate community services when necessary; 51.36 (3) maintain the confidentiality of information related to 52.1 a case, with the exception of sharing information as permitted 52.2 by law to promote cooperative solutions that are in the best 52.3 interests of the child; 52.4 (4) monitor the child's best interests throughout the 52.5 judicial proceeding; and 52.6 (5) present written reports on the child's best interests 52.7 that include conclusions and recommendations and the facts upon 52.8 which they are based. 52.9 Subd. 3. [FEES.] (a) A guardian ad litem appointed under 52.10 either subdivision 1 or 2 may be appointed either as a volunteer 52.11 or on a fee basis. If a guardian ad litem is appointed on a fee 52.12 basis, the courtshallmust enter an order for costs, fees, and 52.13 disbursements in favor of the child's guardian ad litem. The 52.14 order may be made against either or both parties, except that 52.15 any part of the costs, fees, or disbursements which the court 52.16 finds the parties are incapable of payingshallmust be borne by 52.17 the state courts. The costs of court-appointed counsel to the 52.18 guardian ad litemshallmust be paid by the county in which the 52.19 proceeding is being held if a party is incapable of paying for 52.20 them. Until the recommendations of the task force created in 52.21 Laws 1999, chapter 216, article 7, section 42, are implemented, 52.22 the costs of court-appointed counsel to a guardian ad litem in 52.23 the eighth judicial districtshallmust be paid by the state 52.24 courts if a party is incapable of paying for them. In no event 52.25 may the court order that costs, fees, or disbursements be paid 52.26 by a party receiving public assistance or legal assistance or by 52.27 a party whose annual income falls below the poverty line as 52.28 established under United States Code, title 42, section 9902(2). 52.29 (b) In each fiscal year, the state treasurershallmust 52.30 deposit guardian ad litem reimbursements in the general fund and 52.31 credit them to a separate account with the trial courts. The 52.32 balance of this account is appropriated to the trial courts and 52.33 does not cancel but is available until expended. Expenditures 52.34 by the state court administrator's office from this account must 52.35 be based on the amount of the guardian ad litem reimbursements 52.36 received by the state from the courts in each judicial district. 53.1 Sec. 17. Minnesota Statutes 2002, section 518.166, is 53.2 amended to read: 53.3 518.166 [INTERVIEWS; RECOMMENDATIONS.] 53.4 The court may interview the child in chambers to ascertain 53.5 the child's reasonable preferenceas to custodianregarding with 53.6 which parent the child would reside, if the court deems the 53.7 child to be of sufficient age to express preference. The 53.8 courtshallmust permit counsel to be present at the interview 53.9 andshallmust permit counsel to propound reasonable questions 53.10 to the child either directly or through the court. The 53.11 courtshallmust cause a record of the interview to be made and 53.12 to be made part of the record in the case unless waived by the 53.13 parties. 53.14 In contested custody proceedings, and in other custody 53.15 proceedings if a parent or the child's custodian requests, the 53.16 court may seek the recommendations of professional personnel 53.17 whether or not they are employed on a regular basis by the 53.18 court. The recommendationsgiven shallmust be in writing and 53.19shallmust be made available by the court to counsel upon 53.20 request. Counsel may call for cross-examination of professional 53.21 personnel consulted by the court. 53.22 Sec. 18. Minnesota Statutes 2002, section 518.167, 53.23 subdivision 3, is amended to read: 53.24 Subd. 3. [AVAILABILITY TO COUNSEL.] The courtshallmust 53.25 mail the investigator's report to counsel and to any party not 53.26 represented by counsel at least ten days before the hearing. 53.27 The investigatorshallmust maintain and, upon request, make 53.28 available to counsel and to a party not represented by counsel 53.29 the investigator's file of underlying data and reports, complete 53.30 texts of diagnostic reports made to the investigator pursuant to 53.31 the provisions of subdivision 2, and the names and addresses of 53.32 all persons whom the investigator has consulted.The53.33investigator and any person the investigator has consulted is53.34subject to other pretrial discovery in accordance with the53.35requirements of the Minnesota Rules of Civil Procedure.53.36Mediation proceedings are not subject to discovery without54.1written consent of both parties. A party to the proceeding may54.2call the investigator and any person whom the investigator has54.3consulted for cross-examination at the hearing. A party may not54.4waive the right of cross-examination before the hearing.54.5 Sec. 19. Minnesota Statutes 2002, section 518.167, 54.6 subdivision 4, is amended to read: 54.7 Subd. 4. [USE ATDISCOVERY; HEARING.] The investigator and 54.8 any person the investigator has consulted is subject to other 54.9 pretrial discovery in accordance with the requirements of the 54.10 Minnesota Rules of Civil Procedure. Mediation proceedings are 54.11 not subject to discovery without written consent of both 54.12 parties. A party to the proceeding may cross-examine at the 54.13 hearing the investigator and any person whom the investigator 54.14 has consulted for cross-examination. A party may not waive the 54.15 right of cross-examination before the hearing. The 54.16 investigator's report may be received in evidence at the hearing. 54.17 Sec. 20. Minnesota Statutes 2002, section 518.167, 54.18 subdivision 5, is amended to read: 54.19 Subd. 5. [COSTS.] The courtshallmust order all or part 54.20 of the cost of the investigation and report to be paid by either 54.21 or both parties, based on their ability to pay. Any part of the 54.22 cost that the court finds the parties are incapable of paying 54.23 must be borne by thecounty welfarelocal social services agency 54.24 or department of court services that performs the 54.25 investigation. The court may not order costs under this 54.26 subdivision to be paid by a party receiving public assistance or 54.27 legal assistance from a qualified legal services program or by a 54.28 party whose annual income falls below the poverty line under 54.29 United States Code, title 42, section 9902(2). 54.30 Sec. 21. Minnesota Statutes 2002, section 518.168, is 54.31 amended to read: 54.32 518.168 [HEARINGS.] 54.33 (a) Custody proceedingsshallmust receive priority in 54.34 being set for hearing. 54.35 (b) The court may tax as costs the payment of necessary 54.36 travel and other expenses incurred by a person whose presence at 55.1 the hearing the court deems necessary to determine the best 55.2 interests of the child. 55.3 (c) The court without a juryshallmust determine questions 55.4 of law and fact. If it finds that a public hearing may be 55.5 detrimental to the child's best interests, the court may exclude 55.6 the public from a custody hearing, but may admit any person who 55.7 has a direct interest in the particular case. 55.8 (d) If the court finds it necessary for the protection of 55.9 the child's welfare that the record of an interview, report, 55.10 investigation, or testimony in a custody proceeding not bekept55.11secretdisclosed, the court may make an appropriate order 55.12 sealing the record. 55.13 Sec. 22. Minnesota Statutes 2002, section 518.1705, 55.14 subdivision 2, is amended to read: 55.15 Subd. 2. [PLAN ELEMENTS.] (a) A parenting plan must 55.16 include the following: 55.17 (1) a schedule of the time each parent spends with the 55.18 child; 55.19 (2) a designation of decision-making responsibilities 55.20 regarding the child; and 55.21 (3) a method of dispute resolution. 55.22 (b) A parenting plan may include other issues and matters 55.23 the parents agree to regarding the child. 55.24 (c) Parents voluntarily agreeing to parenting plans may 55.25 substitute other terms for physical and legal custody, including 55.26 designations of joint or sole custody,provided thatif the 55.27 terms used in the substitution are defined in the parenting plan. 55.28 Sec. 23. Minnesota Statutes 2002, section 518.1705, 55.29 subdivision 6, is amended to read: 55.30 Subd. 6. [RESTRICTIONS ON PREPARATION AND CONTENT OF 55.31 PARENTING PLAN.] (a) Dispute resolution processes other than the 55.32 judicial process may not be required in the preparation of a 55.33 parenting plan if a parent is alleged to have committed domestic 55.34 abuse toward a parent or child who is a party to, or subject of, 55.35 the matter before the court. In these cases, the courtshall55.36 must consider the appointment of a guardian ad litem and a 56.1 parenting plan evaluator. 56.2 (b) The court may not require a parenting plan that 56.3 provides for joint legal custody or use of dispute resolution 56.4 processes,other than the judicial process,if the court finds 56.5 that section 518.179 applies, or the court finds that either 56.6 parent has engaged in the following toward a parent or child who 56.7 is a party to, or subject of, the matter before the court: 56.8 (1) acts of domestic abuse, including physical harm, bodily 56.9 injury, and infliction of fear of physical harm, assault, 56.10 terroristic threats, or criminal sexual conduct; 56.11 (2) physical, sexual, or a pattern of emotional abuse of a 56.12 child; or 56.13 (3) willful abandonment that continues for an extended 56.14 period of time or substantial refusal to perform parenting 56.15 functions. 56.16 Sec. 24. Minnesota Statutes 2002, section 518.1705, 56.17 subdivision 7, is amended to read: 56.18 Subd. 7. [MOVING THE CHILD TO ANOTHER STATE.] Parents may 56.19 agree, but the court must not require, that in a parenting plan 56.20 the factors in section 518.17 or 257.025, as applicable, will 56.21 govern a decision concerning removal of a child's residence from 56.22 this state,provided thatif: 56.23 (1) both parents were represented by counsel when the 56.24 parenting plan was approved; or 56.25 (2) the court found the parents were fully informed, the 56.26 agreement was voluntary, and the parents were aware of its 56.27 implications. 56.28 Sec. 25. Minnesota Statutes 2002, section 518.1705, 56.29 subdivision 9, is amended to read: 56.30 Subd. 9. [MODIFICATION OF PARENTING PLANS.] (a) Parents 56.31 may modify the schedule of the time each parent spends with the 56.32 child or the decision-making provisions of a parenting plan by 56.33 agreement. To be enforceable, modifications must be confirmed 56.34 by court order. A motion to modify decision-making provisions 56.35 or the time each parent spends with the child may be made only 56.36 within the time limits provided by section 518.18. 57.1 (b) The parties may agree, but the court must not require 57.2 them, to apply the best interests standard in section 518.17 or 57.3 257.025, as applicable, for deciding a motion for modification 57.4 that would change the child's primary residence,provided that57.5 if: 57.6 (1) both parties were represented by counsel when the 57.7 parenting plan was approved; or 57.8 (2) the court found the parties were fully informed, the 57.9 agreement was voluntary, and the parties were aware of its 57.10 implications. 57.11 (c) If the parties do not agree to apply the best interests 57.12 standard, section 518.18, paragraph (d), applies. 57.13 Sec. 26. Minnesota Statutes 2002, section 518.175, is 57.14 amended to read: 57.15 518.175 [PARENTING TIME.] 57.16 Subdivision 1. [GENERAL.] (a) In all proceedings for 57.17 dissolution or legal separation, subsequent to the commencement 57.18 of the proceeding and continuing thereafter during the minority 57.19 of the child, the courtshallmust, upon the request of either 57.20 parent, grantsuchparenting time on behalf of the child and a 57.21 parentasthat will enable the child and the parent to maintain 57.22 a child to parent relationship that will be in the best 57.23 interests of the child. 57.24 (b) If the court finds, after a hearing, that parenting 57.25 time with a parent is likely to endanger the child's physical or 57.26 emotional health or impair the child's emotional development, 57.27 the courtshallmust restrict parenting time with that parent as 57.28 to time, place, duration, or supervision and may deny parenting 57.29 time entirely, as the circumstances warrant. The courtshall57.30 must consider the age of the child and the child's relationship 57.31 with the parentprior tobefore the commencement of the 57.32 proceeding. 57.33 (c) A parent's failure to pay support because of the 57.34 parent's inability to do soshallis notbesufficient cause for 57.35 denial of parenting time. 57.36(b)(d) The court may provide that a law enforcement 58.1 officer or other appropriate person will accompany a party 58.2 seeking to enforce or comply with parenting time. 58.3(c)(e) Upon request of either party, to the extent 58.4 practicable an order for parenting time must include a specific 58.5 schedule for parenting time, including the frequency and 58.6 duration of visitation and visitation during holidays and 58.7 vacations, unless parenting time is restricted, denied, or 58.8 reserved. 58.9(d)(f) The court administratorshallmust provide a form 58.10 for a pro se motion regarding parenting time disputes, 58.11 whichincludesmust include provisions for indicating the relief 58.12 requested, an affidavit in which the party may state the facts 58.13 of the dispute, and a brief description of the parenting time 58.14 expeditor process under section 518.1751. The form may not 58.15 include a request for a change of custody. The courtshallmust 58.16 provide instructions on serving and filing the motion. 58.17 Subd. 1a. [DOMESTIC ABUSE; SUPERVISED PARENTING TIME.] (a) 58.18 If a parent requests supervised parenting time under subdivision 58.19 1 or 5 and an order for protection under chapter 518B or a 58.20 similar law of another state is in effect against the other 58.21 parent to protect the child or the parent with whom the child 58.22 residesor the child, the judge or judicial officer must 58.23 consider the order for protection in making a decision regarding 58.24 parenting time. 58.25 (b) The state court administrator, in consultation with 58.26 representatives of parents and other interested persons,shall58.27 must develop standards to be met by persons who are responsible 58.28 for supervising parenting time. Either parent may challenge the 58.29 appropriateness of an individual chosen by the court to 58.30 supervise parenting time. 58.31 Subd. 2. [RIGHTS OF CHILDREN AND PARENTS.] Upon the 58.32 request of either parent, the court may inform any child of the 58.33 parties, if eight years of age or older, or otherwise of an age 58.34 of suitable comprehension, of the rights of the child and each 58.35 parent under the order or decree or any substantial amendment 58.36thereofof it. The parent with whom the child residesshall59.1 must present the child for parenting time with the other parent, 59.2 atsuchthe timesasthe court directs. 59.3 Subd. 3. [MOVE TO ANOTHER STATE.] The parent with whom the 59.4 child residesshallmust not move the child's residenceof the59.5childto another state except upon order of the court or with 59.6 the consent of the other parent, if the other parent has been 59.7 given parenting time by the decree. If the purpose of the move 59.8 is to interfere with parenting time given to the other parent by 59.9 the decree, the courtshallmust not permit the child's 59.10 residence to be moved to another state. 59.11 Subd. 5. [MODIFICATION OF PARENTING PLAN OR ORDER FOR 59.12 PARENTING TIME.] (a) If modification would serve the best 59.13 interests of the child, the courtshallmust modify the 59.14 decision-making provisions of a parenting plan or an order 59.15 granting or denying parenting time, if the modification would 59.16 not change the child's primary residence. Except as provided in 59.17 section 631.52, the court may not restrict parenting time unless 59.18 it finds that: 59.19 (1) parenting time is likely to endanger the child's 59.20 physical or emotional health or impair the child's emotional 59.21 development; or 59.22 (2) the parent has chronically and unreasonably failed to 59.23 comply with court-ordered parenting time. 59.24 (b) If a parent makes specific allegations that parenting 59.25 time by the other parent places the parent or child in danger of 59.26 harm, the courtshallmust hold a hearing at the earliest 59.27 possible time to determine the need to modify the order granting 59.28 parenting time. Consistent with subdivision1a2, the court may 59.29 require a third party, including the local social services 59.30 agency, to supervise the parenting time or may restrict a 59.31 parent's parenting time if necessary to protect the other parent 59.32 or child from harm. If there is an existing order for 59.33 protection governing the parties, the courtshallmust consider 59.34 the use of an independent, neutral exchange location for 59.35 parenting time. 59.36 Subd. 6. [REMEDIES.] (a) The court may provide for one or 60.1 more of the following remedies for denial of or interference 60.2 with court-ordered parenting time as provided under this 60.3 subdivision. All parenting time orders must include notice of 60.4 the provisions of this subdivision. 60.5 (b) If the court finds that apersonparent has been 60.6 deprived of court-ordered parenting time, the courtshallmust 60.7 order the parent whohas interferedcaused the deprivation to 60.8 allow compensatory parenting time to the other parent or the 60.9 courtshallmust make specific findings as to why a request for 60.10 compensatory parenting time is denied. If compensatory 60.11 parenting time is awarded, additional parenting time must be: 60.12 (1) at least of the same type and duration as the deprived 60.13 parenting time and, at the discretion of the court, may be in 60.14 excess of or of a different type than the deprived parenting 60.15 time; 60.16 (2) taken within one year after the deprived parenting 60.17 time; and 60.18 (3) at a time acceptable to the parent deprived of 60.19 parenting time. 60.20 (c) If the court finds that a party has wrongfully failed 60.21 to comply with a parenting time order or a binding agreement or 60.22 decision under section 518.1751, the court may: 60.23 (1) impose a civil penalty of up to $500 on the party; 60.24 (2) require the party to post a bond with the court for a 60.25 specified period of time to secure the party's compliance; 60.26 (3) award reasonable attorney's fees and costs; 60.27 (4) require the party who violated the parenting time order 60.28 or binding agreement or decision of the parenting time expeditor 60.29 to reimburse the other party for costs incurred as a result of 60.30 the violation of the orderor, agreement, or decision; or 60.31 (5) award any other remedy that the court finds to be in 60.32 the best interests of the children involved. 60.33 A civil penalty imposed under this paragraph must be 60.34 deposited in the county general fund and must be used to fund 60.35 the costs of a parenting time expeditor program in a county with 60.36 this program. In other counties, the civil penalty must be 61.1 deposited in the state general fund. 61.2 (d) If the court finds that a party has been denied 61.3 parenting time and has incurred expenses in connection with the 61.4 denied parenting time, the court may require the party who 61.5 denied parenting time to post a bond in favor of the other party 61.6 in the amount of prepaid expenses associated with upcoming 61.7 planned parenting time. 61.8 (e) Proof of an unwarranted denial of or interference with 61.9 duly established parenting time may constitute contempt of court 61.10 and may be sufficient cause for reversal of custody. 61.11 Subd. 8. [ADDITIONAL PARENTING TIME FOR CHILD CARE 61.12PARENT.] The court may allow additional parenting time to a 61.13 parent to provide child care while the other parent is working 61.14 if this arrangement is reasonable and in the best interests of 61.15 the child, as defined in section 518.17, subdivision 1. In 61.16 addition, the courtshallmust consider: 61.17 (1) the ability of the parents to cooperate; 61.18 (2) methods for resolving disputes regarding the care of 61.19 the child, and the parents' willingness to use those methods; 61.20 and 61.21 (3) whether domestic abuse, as defined in section 518B.01, 61.22 has occurred between the parties. 61.23 Sec. 27. Minnesota Statutes 2002, section 518.1751, 61.24 subdivision 1b, is amended to read: 61.25 Subd. 1b. [PURPOSE; DEFINITIONS.] (a) The purpose of a 61.26 parenting time expeditor is to resolve parenting time disputes 61.27 by enforcing, interpreting, clarifying, and addressing 61.28 circumstances not specifically addressed by an existing 61.29 parenting time order and, if appropriate, to make a 61.30 determination as to whether the existing parenting time order 61.31 has been violated. A parenting time expeditor may be appointed 61.32 to resolve a onetime parenting time dispute or to provide 61.33 ongoing parenting time dispute resolution services. 61.34 (b) For purposes of this section, "parenting time dispute" 61.35 means a disagreement among parties about parenting time with a 61.36 child, including a dispute about an anticipated denial of future 62.1 scheduled parenting time. "Parenting time dispute" includes a 62.2 claim by a parent that the other parent is not spending time 62.3 with a child as well as a claim by a parent that the other 62.4 parent is denying or interfering with parenting time. 62.5 (c) A "parenting time expeditor" is a neutral person 62.6 authorized to use a mediation-arbitration process to resolve 62.7 parenting time disputes. A parenting time expeditorshallmust 62.8 attempt to resolve a parenting time dispute by facilitating 62.9 negotiations between the parties to promote settlementand,. If 62.10 it becomes apparent that the dispute cannot be resolved by an 62.11 agreement of the parties, the parenting time expeditorshall62.12 must make a decision resolving the dispute. 62.13 Sec. 28. Minnesota Statutes 2002, section 518.1751, 62.14 subdivision 2, is amended to read: 62.15 Subd. 2. [APPOINTMENT.] (a) The parties may stipulate to 62.16 the appointment of a parenting time expeditor or a team of two 62.17 expeditors without appearing in courtby submitting. The 62.18 parties may submit to the court a written agreement identifying 62.19 the names of the individuals to be appointed by the court; the 62.20 nature of the dispute; the responsibilities of the parenting 62.21 time expeditor, including whether the expeditor is appointed to 62.22 resolve a specific issue or on an ongoing basis; the term of the 62.23 appointment; and the apportionment of fees and costs. The court 62.24shallmust review the agreement of the parties. 62.25 (b) If the parties cannot agree on a parenting time 62.26 expeditor, the courtshallmust provideto the partiesthem with 62.27 a copy of the court administrator's roster of parenting time 62.28 expeditors and require the parties to exchange the names of 62.29 three potential parenting time expeditors by a specific date. 62.30 If after exchanging names the parties are unable to agree upon a 62.31 parenting time expeditor, the courtshallmust select the 62.32parenting timeexpeditor and, in its discretion, may appoint one 62.33 expeditor or a team of twoexpeditors. In the selection process 62.34 the court must give consideration to the financial circumstances 62.35 of the parties and the fees of those being considered 62.36 asparenting timeexpeditors. Preference must be given to 63.1 persons who agree to volunteer their services or who will charge 63.2 a variable fee for services based on the ability of the parties 63.3 to pay for them. 63.4 (c) An order appointing a parenting time expeditor must 63.5 identify the name of the individual to be appointed, the nature 63.6 of the dispute, the responsibilities of the expeditor including 63.7 whether the expeditor is appointed to resolve a specific issue 63.8 or on an ongoing basis, the term of the appointment, the 63.9 apportionment of fees, and notice that if the parties are unable 63.10 to reach an agreement with the expeditor's assistanceof the63.11expeditor, the expeditor is authorized to make a decision 63.12 resolving the dispute which is binding upon the parties unless 63.13 modified or vacated by the court. 63.14 Sec. 29. Minnesota Statutes 2002, section 518.1751, 63.15 subdivision 2a, is amended to read: 63.16 Subd. 2a. [FEES.]Prior toBefore appointing the parenting 63.17 time expeditor, the courtshallmust give the parties notice 63.18 that the expeditor's feesof the expeditorwill be apportioned 63.19 among the parties. In its order appointing the expeditor, the 63.20 courtshallmust apportion the expeditor's feesof the expeditor63.21 among the parties, with each party bearing the portion of fees 63.22 that the court determines is just and equitable under the 63.23 circumstances. If a party files a pro se motion regarding a 63.24 parenting time dispute and there is notaan existing court 63.25 orderthat provides for apportionment ofapportioning the fees 63.26 of an expeditor, the court administrator may require the party 63.27 requestingtheappointment of an expeditor to pay the 63.28 expeditor's feesof the expeditorin advance. Neither party may 63.29 be required to submit a dispute toa visitationan expeditor if 63.30 the party cannot afford to payforthe feesof an expeditorand 63.31 an affordable expeditor is not available, unless the other party 63.32 agrees to pay the fees. After fees are incurred, a party may by 63.33 motion request that the fees be reapportioned on equitable 63.34 grounds. The court may consider the resources of the parties, 63.35 the nature of the dispute, and whether a party acted in bad 63.36 faith. The court may consider information from the expeditor in 64.1 determining bad faith. 64.2 Sec. 30. Minnesota Statutes 2002, section 518.1751, 64.3 subdivision 2b, is amended to read: 64.4 Subd. 2b. [ROSTER OF PARENTING TIME EXPEDITORS.]EachThe 64.5 court administratorshallmust maintain and make available 64.6 to judicial officers and the publicand judicial officersa 64.7 roster of individuals available to serve as parenting time 64.8 expeditors, including. The roster must include each 64.9 individual's name, address, telephone number, and fee charged, 64.10 if any. A court administratorshallmust not place on the 64.11 roster the name of an individual who has not completed the 64.12 training required in subdivision 2c. If the use ofa parenting64.13timean expeditor is initiated by stipulation of the parties, 64.14 the parties may agree upon a person to serve as an expeditor 64.15 even if that person has not completed the training described in 64.16 subdivision 2c. The court may appointa person to serveas an 64.17 expeditoreven if thea person who is not on the court 64.18 administrator's roster, but may not appoint a person who has not 64.19 completed the training described in subdivision 2c, unless so 64.20 stipulated by the parties. To maintain one's listing on a court 64.21 administrator's roster of parenting time expeditors, an 64.22 individualshallmust annually submit to the court administrator 64.23 proof of completion of continuing education requirements. 64.24 Sec. 31. Minnesota Statutes 2002, section 518.1751, 64.25 subdivision 2c, is amended to read: 64.26 Subd. 2c. [TRAINING AND CONTINUING EDUCATION 64.27 REQUIREMENTS.] To qualify for listing on a court administrator's 64.28 roster of parenting time expeditors, an individualshallmust 64.29 complete a minimum of 40 hours of family mediation training that 64.30 has been certified by the Minnesota supreme court, which. The 64.31 training must include certified training in domestic abuse 64.32 issues as required under Rule 114 of the Minnesota General Rules 64.33 of Practice for the District Courts. Tomaintain one's listing64.34 remain listed on a court administrator's roster of parenting 64.35 time expeditors, an individualshallmust annually attend three 64.36 hours of continuing education about alternative dispute 65.1 resolution subjects. 65.2 Sec. 32. Minnesota Statutes 2002, section 518.1751, 65.3 subdivision 3, is amended to read: 65.4 Subd. 3. [AGREEMENT OR DECISION.] (a) Within five days of 65.5 notice of the appointment, or within five days of notice of a 65.6 subsequent parenting time dispute between the same parties, the 65.7 parenting time expeditorshallmust meet with the parties 65.8 together or separately andshallmake a diligent effort to 65.9 facilitate an agreement to resolve the dispute. If a parenting 65.10 time dispute requires immediate resolution, theparenting time65.11 expeditor may confer with the parties through a telephone 65.12 conference or similar means. An expeditor may make a decision 65.13 without conferring with a party if the expeditor made a good 65.14 faith effort to confer with the party, but the party chose not 65.15 to participate in resolution of the dispute. 65.16 (b) If the parties do not reach an agreement, the expeditor 65.17shallmust make a decision resolving the dispute as soon as 65.18 possible, but not later than five days after receiving all 65.19 information necessary to make a decision and after the final 65.20 meeting or conference with the parties. The expeditor is 65.21 authorized to award compensatory parenting time under section 65.22 518.175, subdivision 6, and may recommend to the court that the 65.23 noncomplying party pay attorney's fees, court costs, and other 65.24 costs under section 518.175, subdivision 6, paragraph (d), if 65.25 the parenting time order has been violated. The expeditorshall65.26not loseretains the authority to make a decision if 65.27 circumstances beyond the expeditor's control make it 65.28 impracticable to meet the five-day timelines. 65.29 (c) Unless the parties mutually agree, the parenting time 65.30 expeditorshallmust not make a decision that is inconsistent 65.31 with an existing parenting time order, but may make decisions 65.32 interpreting or clarifying a parenting time order, including the 65.33 development of a specific schedule when the existing court order 65.34 grants "reasonable parenting time." 65.35 (d) The expeditorshallmust put an agreement or decision 65.36 in writing and provide a copy to the parties. The expeditor may 66.1 include or omit reasons for the agreement or decision. An 66.2 agreement of the parties or a decision of the expeditor is 66.3 binding on the parties unless vacated or modified by the court. 66.4 If a party does not comply with an agreement of the parties or a 66.5 decision of the expeditor, any party may bring a motion with the 66.6 court andshallmust attach a copy of the parties' written 66.7 agreement or the decision of the expeditor. The court may 66.8 enforce, modify, or vacate the agreement of the parties or the 66.9 decision of the expeditor. 66.10 Sec. 33. Minnesota Statutes 2002, section 518.1752, is 66.11 amended to read: 66.12 518.1752 [GRANDPARENT AND OTHERS; VISITATION.] 66.13In all proceedingsDuring a proceeding for dissolution or 66.14 legal separation,after the commencement of the proceedingor at 66.15 any time after completion of the proceedings, and continuing 66.16 during the child's minorityof the child, the court may make an 66.17 order granting visitation rights to grandparentsunderand other 66.18 individuals as provided by section 257C.08, subdivision 2. 66.19 Sec. 34. Minnesota Statutes 2002, section 518.176, is 66.20 amended to read: 66.21 518.176 [JUDICIAL SUPERVISION.] 66.22Subdivision 1. [LIMITS ON PARENT'S AUTHORITY; HEARING.]66.23Except as otherwise agreed by the parties in writing at the time66.24of the custody order,(a) The parent with whom the child resides 66.25 may determine the child's upbringing, including education, 66.26 health care, and religious training, unless: 66.27 (1) otherwise agreed by the parties in writing at the time 66.28 of the custody order; or 66.29 (2) upon motion by the other parent, the court after 66.30 hearing,finds, upon motion by the other parent,that in the 66.31 absence of a specific limitation of the authority of the parent 66.32 with whom the child resides, the child's physical or emotional 66.33 health is likely to be endangered or the child's emotional 66.34 development impaired. 66.35Subd. 2.(b) If both parents or all contestants agree to 66.36 the order, or if the court finds that in the absence of the 67.1 order the child's physical or emotional health is likely to be 67.2 endangered or the child's emotional development impaired, the 67.3 court may order the local social services agency or the 67.4 department of court services to exercise continuing supervision 67.5 over the case under guidelines established by the court to 67.6 assure that the custodial or parenting time terms of the decree 67.7 are carried out. 67.8 Sec. 35. Minnesota Statutes 2002, section 518.177, is 67.9 amended to read: 67.10 518.177[NOTIFICATION REGARDING DEPRIVATION OF PARENTAL67.11RIGHTS LAW.]67.12Every(b) A court order and judgment and decree concerning 67.13 custody of or parenting time or visitation with a minor child 67.14shallmust contain the notice set out in section 518.68, 67.15 subdivision 2. 67.16 Sec. 36. Minnesota Statutes 2002, section 518.178, is 67.17 amended to read: 67.18 518.178 [PARENTING TIME AND SUPPORT REVIEW HEARING.] 67.19 Upon motion of either party, the courtshallmust conduct a 67.20 hearing to review compliance with the parenting time and child 67.21 support provisionsset forthin a decree of dissolution or legal 67.22 separation or an order that establishes child custody, parenting 67.23 time, and support rights and obligations of parents. The state 67.24 court administratorshallmust prepare, and each court 67.25 administratorshallmust make available, simplified pro se forms 67.26 for reviewing parenting time and child support disputes. The 67.27 court may impose any parenting time enforcement remedy available 67.28 under sections 518.175 and 518.1751, and any support enforcement 67.29 remedy available under section 518.551. 67.30 Sec. 37. Minnesota Statutes 2002, section 518.179, 67.31 subdivision 1, is amended to read: 67.32 Subdivision 1. [SEEKING CUSTODY OR PARENTING TIME.] (a) 67.33 Notwithstanding any contrary provision in section 518.17 or 67.34 518.175,ifa person seeking child custody or parenting time who 67.35 has been convicted of a crime described in subdivision 2, the67.36person seeking custody or parenting timehas the burden to prove 68.1 that custody or parenting time by that person is in the best 68.2 interests of the child if: 68.3 (1) the conviction occurred within the preceding five 68.4 years; 68.5 (2) the person is currently incarcerated, on probation, or 68.6 under supervised release for the offense; or 68.7 (3) the victim of the crime was a family or household 68.8 member as defined in section 518B.01, subdivision 2. 68.9 (b) If this section applies, the court may not grant 68.10 custody or parenting time to the person unless it finds that the 68.11 custody or parenting time is in the best interests of the 68.12 child. If the victim of the crime was a family or household 68.13 member, the standard of proof is clear and convincing evidence. 68.14 A guardian ad litem must be appointed in any case where this 68.15 section applies. 68.16 Sec. 38. Minnesota Statutes 2002, section 518.18, is 68.17 amended to read: 68.18 518.18 [MODIFICATION OF ORDER.] 68.19 (a) Unless agreed to in writing by the parties, no motion 68.20 to modify a custody order or parenting plan may be made earlier 68.21 than one year after the date of the entry of a decree of 68.22 dissolution or legal separation containing a provision dealing 68.23 with custody, except in accordance with paragraph (c). 68.24 (b) If a motion for modification has been heard, whether or 68.25 not it was granted,unless agreed to in writing by the parties68.26 no subsequent motion may be filed within two years after 68.27 disposition of the prior motion on its merits, except: 68.28 (1) if otherwise agreed to in writing by the parties; or 68.29 (2) in accordance with paragraph (c). 68.30 (c) The time limitations prescribed in paragraphs (a) and 68.31 (b)shalldo not prohibit a motion to modify a custody order or 68.32 parenting plan if the court finds that there is persistent and 68.33 willful denial or interference with parenting time, or has 68.34 reason to believe that the child's present environment may 68.35 endanger the child's physical or emotional health or impair the 68.36 child's emotional development. 69.1 (d)If theA court that has jurisdiction to determine child 69.2 custody matters, the court shallmust not modify a prior custody 69.3 order or a parenting plan provisionwhichthat specifies the 69.4 child's primary residence unless it finds, upon the basis of69.5facts, including unwarranted denial of, or interference with, a69.6duly established parenting time schedule, that have arisen since69.7the prior order or that were unknown to the court at the time of69.8the prior order,that a change has occurred in the circumstances 69.9 of the child or the parties and that the modification is 69.10 necessary to serve the best interests of the child. The court 69.11 must make its findings upon the basis of facts, including 69.12 unwarranted denial of, or interference with, a duly established 69.13 parenting time schedule, that have arisen since the prior order 69.14 or that were unknown to the court at the time of the prior 69.15 order. In applying these standards the courtshallmust retain 69.16 the custody arrangement or the parenting plan provision 69.17 specifying the child's primary residence that was established by 69.18 the prior order unless: 69.19(i)(1) the court finds that a change in the custody 69.20 arrangement or primary residence is in the best interests of the 69.21 child and the parties previously agreed, in a writing approved 69.22 by a court, to apply the best interests standard in section 69.23 518.17 or 257.025, as applicable; and, with respect to 69.24 agreements approved by a court on or after April 28, 2000, both 69.25 parties were represented by counsel when the agreement was 69.26 approved or the court found the parties were fully informed, the 69.27 agreement was voluntary, and the parties were aware of its 69.28 implications; 69.29(ii)(2) both parties agree to the modification; 69.30(iii)(3) the child has been integrated into the family of 69.31 the petitioner with the consent of the other party; or 69.32(iv)(4) the child's present environment endangers the 69.33 child's physical or emotional health or impairs the child's 69.34 emotional development, and the harm likely to be caused by a 69.35 change of environment is outweighed by the advantage of a change 69.36 to the child. 70.1In addition,(e) A court may modify a custody order or 70.2 parenting plan under section 631.52. 70.3(e)(f) In deciding whether to modify a prior joint custody 70.4 order, the courtshallmust apply the standards set forth in 70.5 paragraph (d) unless: 70.6 (1) the parties agree in writing to the application of a 70.7 different standard,; or 70.8 (2) the party seeking the modification is asking the court 70.9 for permission to move the residence of the child to another 70.10 state. 70.11(f) If a parent has been granted sole physical custody of a70.12minor and the child subsequently lives with the other parent,70.13and temporary sole physical custody has been approved by the70.14court or by a court-appointed referee,70.15 (g) The court may suspend the obligor's child support 70.16 obligation pendingthea final custody determination if: 70.17 (1) the obligee has been granted sole physical custody of a 70.18 child; 70.19 (2) the child subsequently lives with the obligor; and 70.20 (3) a temporary sole custody order has been approved by the 70.21 court or a court-approved referee. 70.22The court'sA court order denying the suspension of child 70.23 support under this paragraph must include a written explanation 70.24 of the reasons why continuation of the child support obligation 70.25 would be in the best interests of the child. 70.26 (h) A party seeking modification of a custody order must 70.27 submit with moving papers an affidavit setting forth facts 70.28 supporting the requested modification. The party must give 70.29 notice and a copy of the affidavit to other parties to the 70.30 proceeding, who may file opposing affidavits. 70.31 Sec. 39. Minnesota Statutes 2002, section 518.612, is 70.32 amended to read: 70.33 518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 70.34 ORDER.] 70.35Failure by a party to make support payments is not a70.36defense to:71.1(1) interference with parenting time; or71.2(2) without the permission of the court or the other71.3parent, removing a child from this state.71.4Interference with parenting time or taking a child from71.5this state without permission of the court or the other parent71.6is not a defense to nonpayment of support. If a party fails to71.7make support payments, interferes with parenting time, or71.8removes a child from the state without permission of the court71.9or the other parent, the other party may petition the court for71.10an appropriate order.71.11 (a) An obligor may not assert as a defense to failure to 71.12 pay child support that the obligee interfered with parenting 71.13 time or removed the child from the state without permission of 71.14 the obligor or the court. 71.15 (b) An obligee may not assert as a defense to interference 71.16 with parenting time or removing the child from the state without 71.17 permission of the obligor or the court, that the obligor failed 71.18 to pay child support. 71.19 (c) A party may petition the court for an appropriate order 71.20 if the other party: 71.21 (1) fails to make support payments; 71.22 (2) interferes with parenting time; or 71.23 (3) removes a child from this state without permission of 71.24 the court or the other parent. 71.25 Sec. 40. Minnesota Statutes 2002, section 518.619, is 71.26 amended to read: 71.27 518.619 [CUSTODY ORVISITATIONPARENTING TIME; MEDIATION 71.28 SERVICES.] 71.29 Subdivision 1. [MEDIATION PROCEEDING.] Except as provided 71.30 in subdivision 2, if it appears on the face of the petition or 71.31 other application for an order or modification of an order for 71.32thechild custodyof a childthat custody or parenting time is 71.33 contested, or that any issue pertinent to a custody or parenting 71.34 time determination, including parenting time rights, is 71.35 unresolved, the matter may be set for mediation of the contested 71.36 issueprior tobefore, concurrent with, orsubsequent to the72.1 after settingofthe matter for hearing. The purpose of the 72.2 mediation proceeding is to reduce acrimonywhichthat may exist 72.3 between the parties and to develop an agreement that is 72.4 supportive of the child's best interests. The mediatorshall72.5 must use best efforts to effect a settlement of the custody or 72.6 parenting time dispute, butshall havehas no coercive authority. 72.7 Subd. 2. [EXCEPTION.] If the court determines that there 72.8 is probable cause that one of the parties, or a child of a 72.9 party, has been physically or sexually abused bythe othera 72.10 party, the courtshallmust not require or refer the parties to 72.11 mediation or any other process that requires parties to meet and 72.12 confer without counsel, if any, present. 72.13 Subd. 3. [MEDIATOR APPOINTMENT.] In order to participate 72.14 in a custody mediation, a mediator must be appointed by the 72.15 family court. A mediator must be a member of the professional 72.16 staff of a family court, probation department, mental health 72.17 services agency, or a private mediation service. The mediator 72.18 must be on a list of mediators approved by the court having 72.19 jurisdiction of the matter, unless the parties stipulate to a 72.20 mediator not on the list. 72.21 Subd. 4. [MEDIATOR QUALIFICATIONS.] A mediator who 72.22 performs mediation in contested child custody mattersshallmust 72.23 meet the following minimum qualifications: 72.24(a)(1) knowledge of the court system and the procedures 72.25 used in contested child custody matters; 72.26(b)(2) knowledge of other resources in the community to 72.27 which the parties to contested child custody matters can be 72.28 referred for assistance; 72.29(c)(3) knowledge of child development, clinical issues 72.30 relating to children, the effects of marriage dissolution on 72.31 children, and child custody research; and 72.32(d)(4) a minimum of 40 hours of certified mediation 72.33 training. 72.34 Subd. 5. [RECORDS; PRIVATE DATA.] Mediation proceedings 72.35shallmust be conducted in private. All records of a mediation 72.36 proceedingshall beare private and not available as evidence in 73.1 an action for marriage dissolution and related proceedings on 73.2 any issue in controversy in the dissolution. 73.3 Subd. 6. [MEDIATOR RECOMMENDATIONS.] When the parties have 73.4 not reached agreement as a result of the mediation proceeding, 73.5 the mediator may recommend to the court that an investigation be 73.6 conducted under section 518.167, or that other action be taken 73.7 to assist the parties to resolve the controversy before a 73.8 hearing on the issues. The mediator may not conduct the 73.9 investigation or evaluation unless: (1) the parties agree in a 73.10 writing, executed after the termination of mediation, that the 73.11 mediator may conduct the investigation or evaluation, or (2) 73.12 there is no other person reasonably available to conduct the 73.13 investigation or evaluation. The mediator may recommend that 73.14 mutual restraining orders be issued in appropriate cases, 73.15 pending determination of the controversy, to protect the 73.16 well-being of the children involved in the controversy. 73.17 Subd. 7. [MEDIATION AGREEMENT.] An agreement reached by 73.18 the parties as a result of mediationshallmust be discussed by 73.19 the parties with their attorneys, if any, and. The approved 73.20 agreement may then be included in the marital dissolution decree 73.21 or other stipulation submitted to the court. An agreement 73.22 reached by the parties as a result of mediation may not be 73.23 presented to the court nor made enforceable unless the parties 73.24 and their counsel, if any, consent to its presentation to the 73.25 court, and the court adopts the agreement. 73.26 Subd. 8. [RULES.] Each courtshallmust adopt rules to 73.27 implement this section, andshallmust compile and maintain a 73.28 list of mediators. 73.29 Sec. 41. Minnesota Statutes 2002, section 519.11, 73.30 subdivision 1, is amended to read: 73.31 Subdivision 1. [ANTENUPTIAL CONTRACT.] A man and woman of 73.32 legal age may enter into an antenuptial contract or settlement 73.33 prior to solemnization of marriage which shall be valid and 73.34 enforceable if (a) there is a full and fair disclosure of the 73.35 earnings and property of each party, and (b) the parties have 73.36 had an opportunity to consult with legal counsel of their own 74.1 choice. An antenuptial contract or settlement made in 74.2 conformity with this section may determine what rights each 74.3 party has in the nonmarital property, defined in section 518.54, 74.4 subdivision 5, clauses(a)(1) to(d)(4), upon dissolution of 74.5 marriage, legal separation or after its termination by death and 74.6 may bar each other of all rights in the respective estates not 74.7 so secured to them by their agreement. This section shall not 74.8 be construed to make invalid or unenforceable any antenuptial 74.9 agreement or settlement made and executed in conformity with 74.10 this section because the agreement or settlement covers or 74.11 includes marital property, if the agreement or settlement would 74.12 be valid and enforceable without regard to this section. 74.13 Sec. 42. [REVISOR'S INSTRUCTION.] 74.14 The revisor of statutes must renumber the sections in 74.15 Minnesota Statutes listed in column A as indicated in column B 74.16 and correct cross-references to those sections throughout 74.17 Minnesota Statutes and Minnesota Rules. 74.18 A B 74.19 518.003, subd. 2 517B.01, subd. 5 74.20 518.003, subd. 3 517B.01, subd. 2 74.21 518.003, subd. 4 517B.01, subd. 3 74.22 518.003, subd. 5 517B.01, subd. 4 74.23 518.155 517B.02 74.24 518.156 517B.13 74.25 518.157 517B.06 74.26 518.165, subd. 1 517B.08, subd. 1 74.27 518.165, subd. 2 518B.08, subd. 2 74.28 518.165, subd. 2a 517B.08, subd. 3 74.29 518.165, subd. 3 517B.08, subd. 4 74.30 518.166 517B.14 74.31 518.167 517B.15 74.32 518.168 517B.16 74.33 518.1705 517B.25 74.34 518.175, subd. 1 517B.27, subd. 1 74.35 518.175, subd. 1a 517B.27, subd. 2 74.36 518.175, subd. 2 517B.27, subd. 3 75.1 518.175, subd. 3 517B.27, subd. 4 75.2 518.175, subd. 5 517B.27, subd. 6 75.3 518.175, subd. 6 517B.27, subd. 7 75.4 518.175, subd. 8 517B.27, subd. 8 75.5 518.1751, subd. 1 517B.28, subd. 1 75.6 518.1751, subd. 1a 517B.28, subd. 2 75.7 518.1751, subd. 1b 517B.28, subd. 3 75.8 518.1751, subd. 2 517B.28, subd. 6 75.9 518.1751, subd. 2a 517B.28, subd. 7 75.10 518.1751, subd. 2b 517B.28, subd. 4 75.11 518.1751, subd. 2c 517B.28, subd. 5 75.12 518.1751, subd. 3 517B.28, subd. 8 75.13 518.1751, subd. 4 517B.28, subd. 13 75.14 518.1751, subd. 4a 517B.28, subd. 9 75.15 518.1751, subd. 5 517B.28, subd. 10 75.16 518.1751, subd. 5a 517B.28, subd. 11 75.17 518.1751, subd. 6 517B.28, subd. 12 75.18 518.1752 517B.30 75.19 518.176 517B.20 75.20 518.177 517B.04 para. (b) 75.21 518.178 517B.27, subd. 5 75.22 518.179 517B.09 75.23 518.18 517B.21 75.24 518.183 517B.26 75.25 518.612 517B.10 75.26 518.619 517B.07 75.27 Sec. 43. [REPEALER.] 75.28 Minnesota Statutes 2002, sections 518.17; 518.1752; and 75.29 518.185; are repealed. 75.30 ARTICLE 3 75.31 CHILD SUPPORT 75.32 Section 1. [517C.01] [TITLE.] 75.33 This chapter may be cited as the "Minnesota Child Support 75.34 Act." 75.35 Sec. 2. [517C.02] [DEFINITIONS.] 75.36 Subdivision 1. [SCOPE.] The definitions in this section 76.1 apply to this chapter. 76.2 Subd. 2. [ARREARS.] "Arrears" means amounts owed under a 76.3 support order that are past due. It includes child support, 76.4 pregnancy and confinement expenses, attorney fees, and any other 76.5 obligations addressed in a support order. 76.6 Subd. 3. [BASIC SUPPORT.] "Basic support" means the dollar 76.7 amount ordered for a child's housing, food, clothing, 76.8 transportation, and education costs, and other expenses relating 76.9 to the child's care. Basic support does not include monetary 76.10 contributions for a child's private school tuition, child care 76.11 expenses, and medical and dental expenses. 76.12 Subd. 4. [BUSINESS DAY.] "Business day" means a day on 76.13 which state offices are open for regular business. 76.14 Subd. 5. [CHILD.] "Child" means an individual under 18 76.15 years of age, an individual under age 20 who is still attending 76.16 secondary school, or an individual who, by reason of physical or 76.17 mental condition, is incapable of self-support. 76.18 Subd. 6. [CHILD SUPPORT.] "Child support" means an amount 76.19 for basic support, child care support, and medical support 76.20 pursuant to: 76.21 (1) an award in a dissolution, legal separation, annulment, 76.22 or parentage proceeding for the care, support, and education of 76.23 a child of the marriage or of the parties to the proceeding; 76.24 (2) a contribution by parents ordered under section 256.87; 76.25 or 76.26 (3) support ordered under chapter 518B or 518C. 76.27 Subd. 7. [DEPOSIT ACCOUNT.] "Deposit account" means funds 76.28 deposited with a financial institution in the form of a savings 76.29 account, checking account, NOW account, or demand deposit 76.30 account. 76.31 Subd. 8. [FINANCIAL INSTITUTION.] "Financial institution" 76.32 means a savings association, bank, trust company, credit union, 76.33 industrial loan and thrift company, bank and trust company, or 76.34 savings association, and includes a branch or detached facility 76.35 of a financial institution. 76.36 Subd. 9. [OBLIGEE.] "Obligee" means a person to whom 77.1 payments for child support are owed. 77.2 Subd. 10. [OBLIGOR.] "Obligor" means a person obligated to 77.3 pay child support. A person who is designated as the sole 77.4 physical custodian of a child is presumed not to be an obligor 77.5 for purposes of calculating current support unless the court 77.6 makes specific written findings to overcome this presumption. A 77.7 custodial parent may be an obligor for purposes of ordering 77.8 medical support under section 517C.17. 77.9 Subd. 11. [PAYMENT.] "Payment" means the payment of child 77.10 support and related payments required by order of a tribunal, 77.11 voluntary support, or statutory fees. 77.12 Subd. 12. [PAYOR OF FUNDS.] "Payor of funds" means a 77.13 person or entity that provides funds to an obligor, including an 77.14 employer as defined under chapter 24 of the Internal Revenue 77.15 Code, section 3401(d), an independent contractor, payor of 77.16 workers' compensation benefits or unemployment insurance 77.17 benefits, or a financial institution as defined in section 77.18 13B.06. 77.19 Subd. 13. [PUBLIC AUTHORITY.] "Public authority" means the 77.20 local unit of government, acting on behalf of the state, that is 77.21 responsible for child support enforcement or the child support 77.22 enforcement division of the department of human services. 77.23 Subd. 14. [SUBSEQUENT CHILD.] "Subsequent child" means a 77.24 child born after the child who is the subject of the child 77.25 support proceeding. 77.26 Subd. 15. [SUPPORT ORDER.] (a) "Support order" means a 77.27 judgment, decree, or order, whether temporary, final, or subject 77.28 to modification, issued by a court or administrative agency of 77.29 competent jurisdiction that: 77.30 (1) provides for the support of a child, including a child 77.31 who has attained the age of majority under the law of the 77.32 issuing state; 77.33 (2) provides for basic support, child care, medical support 77.34 including expenses for confinement and pregnancy, arrears, or 77.35 reimbursement; and 77.36 (3) may include related costs and fees, interest and 78.1 penalties, income withholding, and other relief. 78.2 (b) The definition in paragraph (a) applies to orders 78.3 issued under this chapter and chapters 256, 257, and 518C. 78.4 Subd. 16. [TRIBUNAL.] "Tribunal" has the meaning given in 78.5 section 518C.101. 78.6 Subd. 17. [UNCLAIMED SUPPORT FUNDS.] "Unclaimed support 78.7 funds" means any support payments collected by the public 78.8 authority from the obligor, which have not been disbursed to the 78.9 obligee or public authority. 78.10 Subd. 18. [IV-D CASE.] "IV-D case" means a case where a 78.11 party assigns rights to child support to the state because the 78.12 party receives public assistance, as defined in section 256.741, 78.13 or applies for child support services under title IV-D of the 78.14 Social Security Act, United States Code, title 42, section 78.15 654(4). 78.16 Sec. 3. [517C.04] [CHILD SUPPORT ORDERS.] 78.17 Subdivision 1. [ORDER.] (a) Upon dissolution of marriage, 78.18 legal separation, annulment, establishment of paternity, or when 78.19 otherwise required by statute, the court must order child 78.20 support as provided by this chapter. 78.21 (b) Nothing contained in this chapter limits the power of 78.22 the court to make appropriate, adequate orders for the support 78.23 and education of a child of the parties to a dissolution, legal 78.24 separation, or annulment action if the dissolution, legal 78.25 separation, or annulment is denied. 78.26 Subd. 2. [PROVISIONS.] Child support orders must provide 78.27 for general child rearing costs or basic needs and must also 78.28 specifically address child care costs and medical care, 78.29 providing for those costs pursuant to this chapter. 78.30 Subd. 3. [AGREEMENTS.] If the parties stipulate or agree 78.31 to a child support order, the court must review the agreement to 78.32 ensure it serves the best interests of the child. The Minnesota 78.33 Supreme Court may promulgate rules regarding the review of 78.34 stipulations and agreements. The court may refuse to accept or 78.35 may alter an agreement that does not conform with the 78.36 requirements of this chapter or that is otherwise not in the 79.1 best interests of the child. 79.2 Subd. 4. [PREFERENCE FOR SPECIFIC DOLLAR AMOUNT.] (a) The 79.3 court must order child support in a specific dollar amount. 79.4 (b) The court may order an obligor to pay child support in 79.5 the form of a percentage share of the obligor's net bonuses, 79.6 commissions, or other forms of compensation, in addition to, or 79.7 if the obligor receives no base pay, in lieu of an order for a 79.8 specific dollar amount. 79.9 Subd. 5. [PREFERENCE FOR MONTHLY PAYMENT.] There is a 79.10 presumption in favor of ordering child support in an amount that 79.11 reflects an obligor's monthly obligation. 79.12 Subd. 6. [PREFERENCE FOR STATIC PAYMENT.] There is a 79.13 presumption in favor of ordering child support so that an 79.14 obligor makes the same monthly payments throughout the year, as 79.15 opposed to payment amounts that fluctuate by season or month. 79.16 If the obligor is seasonally employed, it is generally the 79.17 obligor's responsibility to budget income accordingly. 79.18 Subd. 7. [DEPARTURE.] The court may depart from a 79.19 presumption in subdivision 5 or 6 if: 79.20 (1) all parties agree; or 79.21 (2) the presumption would impose an extreme hardship on the 79.22 obligor and would not be in the best interests of the child. 79.23 Subd. 8. [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) 79.24 Upon an obligor's motion, a court may order an obligee to 79.25 account for the use or disposition of child support received. 79.26 The motion must assert the specific allegations of abuse or 79.27 misapplication of child support received and that a child's 79.28 needs are not being met. If the court orders a hearing, the 79.29 court may order an accounting only if the obligor establishes 79.30 the specific allegations of abuse or misapplication of child 79.31 support received and that the child's needs are not being met. 79.32 (b) If the court orders an accounting under paragraph (a), 79.33 the obligee must provide documentation that breaks down monthly 79.34 expenditures of child support received into the following 79.35 categories: 79.36 (1) housing and utilities; 80.1 (2) food; 80.2 (3) transportation; 80.3 (4) clothing; 80.4 (5) health care; 80.5 (6) child care and education; and 80.6 (7) miscellaneous. 80.7 An obligee may account for expenditures on housing, utilities, 80.8 food, and transportation that are attributable to multiple 80.9 household members on a per capita basis. 80.10 (c) If the court finds that an obligee does not make the 80.11 accounting required under paragraph (b) or the obligee does not 80.12 spend the entire child support payment on behalf of the child, 80.13 the court may: 80.14 (1) hold the obligee in contempt of court; 80.15 (2) reduce or eliminate the obligor's child support 80.16 obligation; 80.17 (3) order the obligee to make future expenditures on behalf 80.18 of the child, whether in whole or in part, in a manner that 80.19 documents the transaction; or 80.20 (4) make any other appropriate order to ensure that the 80.21 child's needs are met. 80.22 (d) If the court determines that an obligor's motion under 80.23 this section is brought in bad faith, the court may award 80.24 reasonable attorney fees to the obligee. 80.25 Subd. 9. [CHILD SUPPORT TO BE DISTINGUISHED FROM 80.26 MAINTENANCE.] In a judgment of dissolution or legal separation, 80.27 the court must clearly distinguish between payments ordered for 80.28 maintenance and payments ordered for child support. An award of 80.29 payments from future income or earnings of the parent with whom 80.30 the child resides is presumed to be maintenance and an award of 80.31 payments from the future income or earnings of the other parent 80.32 is presumed to be child support, unless otherwise designated by 80.33 the court. 80.34 Subd. 10. [OTHER CUSTODIANS.] If a child resides with a 80.35 person other than a parent and the court approves of the custody 80.36 arrangement, the court may order child support payments to be 81.1 made to the custodian regardless of whether the person has legal 81.2 custody. 81.3 Subd. 11. [EITHER PARENT LIABLE; MARITAL MISCONDUCT 81.4 IRRELEVANT.] The court may order either or both parents owing a 81.5 duty of support to a child to pay an amount reasonable or 81.6 necessary for the child's support, without regard to marital 81.7 misconduct. 81.8 Sec. 4. [517C.05] [TEMPORARY ORDERS.] 81.9 Subdivision 1. [MOTION; SCOPE.] In a child support 81.10 proceeding a party may, by motion, request that the court grant 81.11 a temporary order pending the final disposition of the 81.12 proceeding for temporary child support, costs, and reasonable 81.13 attorney fees. Additionally, to facilitate the just and speedy 81.14 disposition of the proceeding, the court may require a party to 81.15 perform or refrain from performing additional acts. 81.16 Subd. 2. [DURATION.] A temporary order continues in full 81.17 force and effect until: 81.18 (1) it is amended; 81.19 (2) it is vacated; 81.20 (3) the main action is dismissed; or 81.21 (4) a final decree of dissolution, legal separation, or 81.22 other final order is entered. 81.23 Subd. 3. [FACTORS.] The court must consider the factors 81.24 set forth in this chapter in making temporary orders. 81.25 Subd. 4. [EVIDENCE.] Temporary orders must be made solely 81.26 on the basis of affidavits and argument of counsel unless: 81.27 (1) a party makes a timely motion or responsive motion to 81.28 hear the matter on oral testimony before the court; or 81.29 (2) the court, in its discretion, orders the taking of oral 81.30 testimony. 81.31 Subd. 5. [LIMITED EFFECT.] A temporary order does not 81.32 prejudice the rights of the parties or the child that are to be 81.33 adjudicated at subsequent hearings in the proceeding. 81.34 Subd. 6. [REVOCATION; MODIFICATION.] A temporary order may 81.35 be revoked or modified by the court before the final disposition 81.36 of the proceeding upon the same grounds and subject to the same 82.1 requirements as the initial granting of the order. 82.2 Sec. 5. [517C.06] [DETERMINATION OF CONTROLLING ORDER.] 82.3 The public authority or a party may request the court to 82.4 determine a controlling order when more than one order involving 82.5 the same obligor and child exists. 82.6 Sec. 6. [517C.07] [ATTORNEY FEES; COSTS AND 82.7 DISBURSEMENTS.] 82.8 Subdivision 1. [GENERAL.] (a) Except as provided in 82.9 section 517C.84, in a proceeding under this chapter, the court 82.10 must award attorney fees, costs, and disbursements in an amount 82.11 necessary to enable a party to carry on or contest the 82.12 proceeding if: 82.13 (1) the fees are necessary for the good-faith assertion of 82.14 the party's rights in the proceeding and will not contribute 82.15 unnecessarily to the length and expense of the proceeding; 82.16 (2) the party from whom fees, costs, and disbursements are 82.17 sought has the means to pay them; and 82.18 (3) the party to whom fees, costs, and disbursements are 82.19 awarded does not have the means to pay them. 82.20 (b) Fees, costs, and disbursements may be awarded at any 82.21 point during or after a proceeding under this chapter, including 82.22 if a proceeding is dismissed or abandoned. 82.23 (c) The court may assess costs and disbursements against 82.24 either party. 82.25 Subd. 2. [UNREASONABLE ACTIONS.] The court may, in its 82.26 discretion, assess additional fees, costs, and disbursements 82.27 against a party who unreasonably contributes to the length or 82.28 expense of the proceeding. 82.29 Subd. 3. [COLLECTION.] The court may authorize the 82.30 collection of money awarded by execution, or out of property 82.31 sequestered, or in any other manner within the power of the 82.32 court. An award of attorney fees survives the proceeding. If 82.33 the award is not paid by the party directed to pay it, the award 82.34 may be enforced as provided by this subdivision or by a separate 82.35 civil action brought in the attorney's own name. 82.36 Sec. 7. [517C.10] [EXCHANGE OF INFORMATION.] 83.1 Subdivision 1. [DOCUMENTATION.] (a) The parties must 83.2 timely serve and file documentation of earnings and income. 83.3 When there is a prehearing conference, the court must receive 83.4 the documentation at least ten days before the prehearing 83.5 conference. 83.6 (b) Documentation of earnings and income includes, but is 83.7 not limited to, pay stubs for the most recent three months, 83.8 employer statements, or statement of receipts and expenses if 83.9 self-employed. Documentation of earnings and income also 83.10 includes copies of each parent's most recent federal tax 83.11 returns, W-2 forms, 1099 forms, unemployment insurance benefits 83.12 statements, workers' compensation statements, and all other 83.13 documents evidencing the receipt of income that provide 83.14 verification of income over a longer period. 83.15 Subd. 2. [ANNUAL EXCHANGE OF TAX RETURNS.] An obligor and 83.16 obligee must annually provide all other parties with a copy of 83.17 his or her federal tax return filed with the Internal Revenue 83.18 Service, including all supporting schedules and documents. 83.19 Subd. 3. [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] An 83.20 obligor must notify other parties of a change of address or 83.21 residence within 60 days of the address or residence change. 83.22 Subd. 4. [NOTICE TO PUBLIC AUTHORITY; PUBLIC ASSISTANCE.] 83.23 The petitioner must notify the public authority of all 83.24 proceedings for dissolution, legal separation, determination of 83.25 parentage, or for the custody of a child, if either party is 83.26 receiving public assistance or applies for it subsequent to the 83.27 commencement of the proceeding. The notice must contain the 83.28 full names of the parties to the proceeding, their social 83.29 security account numbers, and their birth dates. 83.30 Subd. 5. [FAILURE OF NOTICE.] If the court in a 83.31 dissolution, legal separation, or determination of parentage 83.32 proceeding, finds before issuing the order for judgment and 83.33 decree, that notification has not been given to the public 83.34 authority, the court must set child support according to the 83.35 guidelines in this chapter. In those proceedings in which no 83.36 notification has been made pursuant to this section and in which 84.1 the public authority determines that the judgment is lower than 84.2 the child support required by the guidelines in this chapter, it 84.3 must move the court for a redetermination of the support 84.4 payments ordered so that the support payments comply with the 84.5 guidelines. 84.6 Sec. 8. [517C.11] [PRIVACY PROTECTION; PERSONAL 84.7 PROTECTION.] 84.8 Subdivision 1. [SOCIAL SECURITY NUMBERS; TAX RETURNS.] The 84.9 social security numbers and tax returns required under this 84.10 chapter are not accessible to the public, except that they must 84.11 be disclosed to the other parties to a proceeding as provided in 84.12 section 517C.10. 84.13 Subd. 2. [MODIFICATION OF CERTAIN REQUIREMENTS.] The court 84.14 may waive, modify, or limit the information exchange 84.15 requirements of this chapter by order if necessary to protect a 84.16 party from contact by another party. 84.17 Subd. 3. [ACCESS TO ADDRESS FOR SERVICE OF PROCESS.] (a) 84.18 If the public authority is a party or is providing services in a 84.19 child support case, a party may obtain an ex parte order under 84.20 this subdivision. The party may obtain an ex parte order 84.21 requiring the public authority to serve legal documents on the 84.22 other party by mail if the party submits a sworn affidavit to 84.23 the court stating that: 84.24 (1) the party needs to serve legal process in a support 84.25 proceeding and does not have access to the address of the other 84.26 party; 84.27 (2) the party has made reasonable efforts to locate the 84.28 other party; and 84.29 (3) the other party is not represented by counsel. 84.30 (b) The public authority must serve legal documents 84.31 provided by the moving party at the last known address of the 84.32 other party upon receipt of a court order under paragraph (a). 84.33 The public authority must provide for appropriate service and 84.34 must certify to all parties the date of service by mail. The 84.35 public authority's proof of service must not include the place 84.36 or address of service. 85.1 (c) The state court administrator must prepare and make 85.2 available forms for use in seeking access to an address under 85.3 this subdivision. 85.4 Sec. 9. [517C.12] [INCOME.] 85.5 Subdivision 1. [DEFINITION.] For purposes of calculating 85.6 child support under this chapter, "income" means gross income. 85.7 Subd. 2. [SOURCES.] For purposes of this chapter, income 85.8 includes any form of periodic payment to an individual 85.9 including, but not limited to: 85.10 (1) wages; 85.11 (2) salaries; 85.12 (3) payments to an independent contractor; 85.13 (4) workers' compensation; 85.14 (5) unemployment insurance benefits; 85.15 (6) annuity; 85.16 (7) military and naval retirement; 85.17 (8) pension and disability payments; and 85.18 (9) in-kind payments received by the obligor in the course 85.19 of employment, self-employment, or operation of a business if 85.20 the payments reduce the obligor's living expenses. 85.21 Subd. 3. [COMMISSIONS; BONUSES.] If the court finds that a 85.22 party's commissions or bonuses are reliable and predictable, the 85.23 court may include them in income calculations. 85.24 Subd. 4. [SELF-EMPLOYMENT; INDEPENDENT CONTRACTORS.] (a) 85.25 Income from self-employment is equal to gross receipts minus 85.26 ordinary and necessary expenses. Ordinary and necessary 85.27 expenses include what would otherwise be the employer's share of 85.28 the contributions under the Federal Insurance Contributions Act 85.29 (FICA), United States Code, title 26, subtitle C, chapter 21, 85.30 subchapter A, sections 3101 to 3126. Ordinary and necessary 85.31 expenses do not necessarily include amounts allowed by the 85.32 Internal Revenue Service for accelerated depreciation expenses 85.33 or investment tax credits or any other business expenses 85.34 determined by the court to be inappropriate for determining 85.35 income for purposes of child support. The person seeking to 85.36 deduct an expense, including depreciation, has the burden of 86.1 proving, if challenged, that the expense is ordinary and 86.2 necessary. Income calculated under this section may be 86.3 different from taxable income. 86.4 Subd. 5. [PUBLIC ASSISTANCE EXCLUSIONS.] Benefits received 86.5 under chapter 256J and Title IV-A of the Social Security Act are 86.6 not income under this section. 86.7 Subd. 6. [OVERTIME.] (a) Income does not include 86.8 compensation received by a party for employment in excess of a 86.9 40-hour work week if: 86.10 (1) the excess employment is not within the normal range of 86.11 hours worked, given the party's employment history; 86.12 (2) the excess employment is voluntary and not a condition 86.13 of employment; 86.14 (3) the excess employment is in the nature of additional, 86.15 part-time, or overtime employment compensable by the hour or 86.16 fraction of an hour; and 86.17 (4) the party's compensation structure has not been changed 86.18 for the purpose of affecting a child support obligation. 86.19 (b) The court may presume that a party with seasonal or 86.20 intermittent income who works periods in excess of a 40-hour 86.21 work week, but who works a substantially normal number of hours 86.22 over the course of a year, is working within the normal range of 86.23 hours worked. 86.24 Subd. 7. [INCOME OF A SPOUSE OR OTHER HOUSEHOLD 86.25 MEMBER.] (a) Income must not include the income of a party's 86.26 spouse or other household member. The court must not consider 86.27 the income or resources provided by a spouse or other household 86.28 member when determining all the earnings, income, and resources 86.29 of a parent under section 517C.20. 86.30 (b) Notwithstanding paragraph (a), the court may issue an 86.31 order permitting discovery of a spouse's or other household 86.32 member's income information if there is probable cause to 86.33 believe the spouse or other household member is being used to 86.34 shelter income from a party. If the court finds that income was 86.35 improperly or unfairly sheltered, it may impute income to the 86.36 party or otherwise adjust the support amount in a just and 87.1 proper manner. However, the court may not under any 87.2 circumstances consider income or resources properly attributable 87.3 to a spouse or other household member when setting support. 87.4 Subd. 8. [PRIOR ORDERS BEING PAID.] The amount of a child 87.5 support or maintenance order, not including orders for child 87.6 support or maintenance debts or arrears, must be deducted from 87.7 income. 87.8 Subd. 9. [LEGALLY DEPENDENT CHILD.] (a) For purposes of 87.9 this subdivision, a "legally dependent child" means a child: 87.10 (1) whom the parent has the legal duty to support; 87.11 (2) who is not a subject of the current child support 87.12 action; 87.13 (3) for whom the parent is not ordered to pay child 87.14 support; and 87.15 (4) for whom no other person has court-ordered sole 87.16 physical custody. 87.17 (b) The court must deduct an amount from a parent's income 87.18 for a legally dependent child. The amount deducted from income 87.19 for each legally dependent child must be computed using the 87.20 following method: 87.21 (1) determine 120 percent of the federal poverty guidelines 87.22 for a family size equal to two parents plus each legally 87.23 dependent child; 87.24 (2) divide the amount determined under clause (1) by the 87.25 family size determined under clause (1); 87.26 (3) multiply the amount calculated under clause (2) by the 87.27 number of legally dependent children; and 87.28 (4) divide the amount calculated under clause (3) by two to 87.29 determine the deduction amount for one parent. The amount 87.30 determined for one parent must be divided by 12 to determine the 87.31 amount of the deduction from a parent's monthly income. 87.32 (c) The commissioner of human services must publish a table 87.33 listing the amount of the deduction for each legally dependent 87.34 child by family size and must update the table for changes to 87.35 the federal poverty guidelines by July 1 of each year. 87.36 Sec. 10. [517C.13] [IMPUTED INCOME.] 88.1 Subdivision 1. [NONAPPEARANCE OF A PARTY.] If a parent 88.2 under the jurisdiction of the court does not appear at a court 88.3 hearing after proper notice of the time and place of the 88.4 hearing, the court must set income for that parent based on 88.5 credible evidence before the court or in accordance with 88.6 subdivision 3. Credible evidence may include documentation of 88.7 current or recent income, testimony of the other parent 88.8 concerning recent earnings and income levels, and the parent's 88.9 wage reports filed with the Minnesota department of economic 88.10 security under section 268.044. 88.11 Subd. 2. [VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT.] (a) 88.12 The principles of income imputation apply equally to obligors 88.13 and obligees. 88.14 (b) If the court finds that a parent is voluntarily 88.15 unemployed or underemployed or was voluntarily unemployed or 88.16 underemployed during the period for which past support is being 88.17 sought, a court must calculate support based on a determination 88.18 of imputed income. 88.19 (c) A parent is not considered voluntarily unemployed or 88.20 underemployed upon a showing by the parent that: 88.21 (1) the unemployment or underemployment is temporary and 88.22 will ultimately lead to an increase in income; 88.23 (2) the unemployment or underemployment represents a bona 88.24 fide career change that outweighs the adverse effect of that 88.25 parent's diminished income on the child; 88.26 (3) the parent is a recipient of public assistance under 88.27 section 256.741; or 88.28 (4) the parent is physically or mentally incapacitated. 88.29 (d) Imputed income means the estimated earning ability of a 88.30 parent based on the parent's prior earnings history, education, 88.31 and job skills, and on availability of jobs within the community 88.32 for an individual with the parent's qualifications. 88.33 Subd. 3. [INSUFFICIENT INFORMATION.] If there is 88.34 insufficient information to determine actual income or to impute 88.35 income pursuant to subdivision 1 or 2, the court may calculate 88.36 support based on full-time employment of 40 hours per week at 89.1 150 percent of the federal minimum wage or the Minnesota minimum 89.2 wage, whichever is higher. 89.3 Sec. 11. [517C.14] [PRESUMPTIVE CHILD SUPPORT ORDER; 89.4 GENERAL.] 89.5 Subdivision 1. [REBUTTABLE PRESUMPTION.] The guidelines in 89.6 sections 517C.12 to 517C.18 are a rebuttable presumption and 89.7 must be used in all cases when establishing or modifying child 89.8 support. 89.9 Subd. 2. [CHILD'S INSURANCE BENEFIT.] In establishing or 89.10 modifying child support, if a child receives a child's insurance 89.11 benefit under United States Code, title 42, section 402, because 89.12 the obligor is entitled to old age or disability insurance 89.13 benefits, the amount of support ordered must be offset by the 89.14 amount of the child's benefit. The court must make findings 89.15 regarding the obligor's income from all sources, the child 89.16 support amount calculated under this chapter, the amount of the 89.17 child's benefit, and the obligor's child support obligation. A 89.18 benefit received by the child in a given month in excess of the 89.19 child support obligation must not be treated as a payment of 89.20 arrears or a future payment. 89.21 Sec. 12. [517C.15] [BASIC SUPPORT.] 89.22 Subdivision 1. [BASIC SUPPORT; SCHEDULE.] (a) Unless 89.23 otherwise agreed to by the parties and approved by the court, 89.24 the court must order that basic support be divided between the 89.25 obligor and obligee based on their proportionate share of the 89.26 parties' combined monthly income, as determined under section 89.27 517C.12. 89.28 (b) Basic support must be computed using the following 89.29 schedule, prepared based on 2001 United States Department of 89.30 Agriculture expenditure data: 89.31 Parties' Number of Children 89.32 Combined 89.33 Monthly 89.34 Income One Two Three Four Five Six 89.35 89.36 $1,000 or 28.6% 46.0% 53.2% 61.7% 71.6% 83.1% 89.37 below 90.1 $1,500 27.5% 44.3% 51.2% 59.4% 68.9% 79.9% 90.2 $2,000 28.7% 46.3% 53.5% 62.1% 72.0% 83.5% 90.3 $2,500 25.0% 40.3% 46.5% 53.9% 62.5% 72.5% 90.4 $3,000 22.5% 36.3% 41.9% 48.6% 56.4% 65.4% 90.5 $3,500 20.7% 33.4% 38.5% 44.7% 51.9% 60.2% 90.6 $4,000 19.4% 31.2% 36.1% 41.9% 48.6% 56.4% 90.7 $4,500 18.3% 29.6% 34.1% 39.6% 45.9% 53.2% 90.8 $5,000 17.5% 28.2% 32.6% 37.8% 43.8% 50.8% 90.9 $5,500 16.8% 27.1% 31.3% 36.3% 42.1% 48.8% 90.10 $6,000 16.2% 26.2% 30.2% 35.0% 40.6% 47.1% 90.11 $6,500 15.8% 25.4% 29.3% 34.0% 39.4% 45.7% 90.12 $7,000 15.4% 24.8% 28.6% 33.2% 38.5% 44.7% 90.13 $7,500 15.0% 24.2% 27.9% 32.4% 37.6% 43.6% 90.14 $8,000 14.7% 23.7% 27.3% 31.7% 36.8% 42.7% 90.15 $8,500 14.4% 23.3% 26.8% 31.1% 36.1% 41.9% 90.16 $9,000 14.4% 23.3% 26.8% 31.1% 36.1% 41.9% 90.17 $9,500 14.4% 23.3% 26.8% 31.1% 36.1% 41.9% 90.18 $10,000 14.4% 23.3% 26.8% 31.1% 36.1% 41.9% 90.19 $10,500 14.4% 23.3% 26.8% 31.1% 36.1% 41.9% 90.20 $11,000 14.4% 23.3% 26.8% 31.1% 36.1% 41.9% 90.21 $11,500 14.4% 23.3% 26.8% 31.1% 36.1% 41.9% 90.22 $12,000 14.4% 23.3% 26.8% 31.1% 36.1% 41.9% 90.23 $12,500 14.4% 23.3% 26.8% 31.1% 36.1% 41.9% 90.24 $13,000 14.4% 23.3% 26.8% 31.1% 36.1% 41.9% 90.25 $13,500 or 90.26 the amount 14.4% 23.3% 26.8% 31.1% 36.1% 41.9% 90.27 in effect 90.28 under subd. 4 90.29 (c) The commissioner of human services must compute and 90.30 publish a schedule of basic support amounts calculated using the 90.31 percentages in paragraph (b). The schedule must show basic 90.32 support amounts for combined monthly income increments of not 90.33 more than $100. The commissioner must determine the percentages 90.34 for each income increment by interpolating between the 90.35 percentages in paragraph (b). The commissioner may disregard a 90.36 fractional part of a dollar unless it amounts to 50 cents or 90.37 more, in which case the commissioner may increase the amount by 91.1 $1. 91.2 Subd. 2. [SEPARATE HOUSEHOLD ADJUSTMENT.] After 91.3 determining each party's basic support under subdivision 1, the 91.4 court must reduce the basic support of the parent with whom the 91.5 child does not reside by 20 percent. 91.6 Subd. 3. [JOINT PHYSICAL CUSTODY.] (a) If the parties' 91.7 parenting time approximates joint physical custody, an obligor's 91.8 basic support obligation is 50 percent of the difference between 91.9 the obligor's and obligee's basic support obligation, as 91.10 determined under subdivision 1. 91.11 (b) A parenting time division approximates joint physical 91.12 custody if each parent provides, or is responsible for 91.13 providing, care at least 45 percent of the days in a year. 91.14 (c) For purposes of this subdivision, the following 91.15 principles apply: 91.16 (1) the label given to a custody arrangement is not 91.17 determinative; 91.18 (2) the actual division of parenting time controls; and 91.19 (3) an overnight stay presumptively constitutes a day of 91.20 caregiving. 91.21 (d) The court must make specific findings in support of an 91.22 adjustment to an obligor's basic support obligation under this 91.23 subdivision. 91.24 Subd. 4. [INCOME CAP ON DETERMINING BASIC SUPPORT.] (a) 91.25 The basic support obligation for parties with a combined monthly 91.26 income in excess of the income limit currently in effect under 91.27 subdivision 1 must be the same dollar amount as provided for 91.28 parties with a combined monthly income equal to the income limit 91.29 in effect under subdivision 1. 91.30 (b) A court may order a basic support obligation in a child 91.31 support order in an amount that exceeds the income limit in 91.32 subdivision 1 if it finds that a child has a disability or other 91.33 substantial, demonstrated need for the additional support and 91.34 that the additional support will directly benefit the child. 91.35 (c) The dollar amount for the cap in subdivision 1 must be 91.36 adjusted on July 1 of every even-numbered year to reflect 92.1 cost-of-living changes. The supreme court must select the index 92.2 for the adjustment from the indices listed in section 517C.31. 92.3 The state court administrator must make the changes in the 92.4 dollar amounts required by this paragraph available to courts 92.5 and the public on or before April 30 of the year in which the 92.6 amount is to change. 92.7 Subd. 5. [MORE THAN SIX CHILDREN.] If a child support 92.8 proceeding involves more than six children, the court may derive 92.9 a support order without specifically following the guidelines. 92.10 However, the court must consider the basic principles 92.11 encompassed by the guidelines and must consider both parties' 92.12 needs, resources, and circumstances. 92.13 Subd. 6. [REPORT TO LEGISLATURE.] By January 15 each year, 92.14 the commissioner of human services must submit a report to the 92.15 legislature on the basic support schedule. The report must 92.16 include the following: 92.17 (1) information on any changes to the United States 92.18 Department of Agriculture expenditure data used in constructing 92.19 the basic support schedule under subdivision 1; 92.20 (2) information on any new sources of economic data that 92.21 could be used to construct a basic support schedule; and 92.22 (3) a summary of any problems or concerns with implementing 92.23 or applying the basic support schedule, and recommendations on 92.24 how to resolve those problems or concerns. 92.25 Sec. 13. [517C.16] [CHILD CARE SUPPORT.] 92.26 Subdivision 1. [CHILD CARE COSTS.] Unless otherwise agreed 92.27 to by the parties and approved by the court, the court must 92.28 order that the child care costs be divided between the obligor 92.29 and obligee based on their proportionate share of the parties' 92.30 combined monthly income, as determined under section 517C.12. 92.31 Subd. 2. [LOW-INCOME OBLIGOR.] (a) If the obligor meets 92.32 the income eligibility requirements for child care assistance 92.33 under the basic sliding fee program under chapter 119B, the 92.34 court must order the obligor to pay the lesser of the following 92.35 amounts: 92.36 (1) the amount of the obligor's monthly copayment for child 93.1 care assistance under the basic sliding fee schedule established 93.2 by the commissioner of human services under chapter 119B, based 93.3 on an obligor's monthly gross income and the size of the 93.4 obligor's household. For purposes of this subdivision, the 93.5 obligor's household includes the obligor and the child who is 93.6 the subject of the child support order; or 93.7 (2) the amount of the obligor's child care obligation under 93.8 subdivision 1. 93.9 (b) The commissioner of human services must publish a table 93.10 with the child care assistance basic sliding fee schedule and 93.11 update the chart for changes to the schedule by July 1 of each 93.12 year. 93.13 Subd. 3. [DETERMINING COSTS.] (a) The court must require 93.14 verification of employment or school attendance and 93.15 documentation of child care expenses from the obligee and the 93.16 public authority, if applicable. 93.17 (b) If child care expenses fluctuate during the year 93.18 because of the obligee's seasonal employment or school 93.19 attendance or extended periods of parenting time with the 93.20 obligor, the court must determine child care expenses based on 93.21 an average monthly cost. 93.22 (c) The amount allocated for child care expenses is 93.23 considered child support but is not subject to a cost-of-living 93.24 adjustment under section 517C.31. 93.25 (d) The court may allow the parent with whom the child does 93.26 not reside to care for the child while the parent with whom the 93.27 child resides is working or attending school, as provided in 93.28 section 517B.27, subdivision 8. Allowing the parent with whom 93.29 the child does not reside to care for the child under section 93.30 517B.27, subdivision 8, is not a reason to deviate from the 93.31 guidelines. 93.32 Subd. 4. [CHANGE IN CHILD CARE.] (a) When a court order 93.33 provides for child care expenses and the public authority 93.34 provides child support enforcement services, the public 93.35 authority must suspend collecting the amount allocated for child 93.36 care expenses when: (1) either party informs the public 94.1 authority that no child care costs are being incurred; and (2) 94.2 the public authority verifies the accuracy of the information. 94.3 The public authority will resume collecting child care expenses 94.4 when either party provides information that child care costs 94.5 have resumed. 94.6 (b) If the parties provide conflicting information to the 94.7 public authority regarding whether child care expenses are being 94.8 incurred, the public authority will continue or resume 94.9 collecting child care expenses. Either party, by motion to the 94.10 court, may challenge the suspension or resumption of the 94.11 collection of child care expenses. If the public authority 94.12 suspends collection activities for the amount allocated for 94.13 child care expenses, all other provisions of the court order 94.14 remain in effect. 94.15 (c) In cases where there is a substantial increase or 94.16 decrease in child care expenses, the parties may modify the 94.17 order under section 517C.31. 94.18 Sec. 14. [517C.17] [MEDICAL SUPPORT.] 94.19 Subdivision 1. [DEFINITIONS.] The definitions in this 94.20 subdivision apply to this chapter. 94.21 (a) "Health care coverage" means health care benefits that 94.22 are provided by a health plan. Health care coverage does not 94.23 include any form of medical assistance under chapter 256B or 94.24 MinnesotaCare under chapter 256L. 94.25 (b) "Health carrier" means a carrier as defined in sections 94.26 62A.011, subdivision 2, and 62L.02, subdivision 16. 94.27 (c) "Health plan" means a plan meeting the definition under 94.28 section 62A.011, subdivision 3, a group health plan governed 94.29 under the federal Employee Retirement Income Security Act of 94.30 1974 (ERISA), a self-insured plan under sections 43A.23 to 94.31 43A.317 and 471.617, or a policy, contract, or certificate 94.32 issued by a community-integrated service network licensed under 94.33 chapter 62N. Health plan includes plans: (1) provided on an 94.34 individual and group basis, (2) provided by an employer or 94.35 union, (3) purchased in the private market, and (4) available to 94.36 a person eligible to carry insurance for the child. Health plan 95.1 includes a plan providing for dependent-only, dental, or vision 95.2 coverage and a plan provided through a party's spouse or parent. 95.3 (d) "Medical support" means providing health care coverage 95.4 for a child by carrying health care coverage for the child or by 95.5 contributing to the cost of health care coverage, public 95.6 coverage, unreimbursed medical expenses, and uninsured medical 95.7 expenses of the child. 95.8 (e) "National medical support notice" means an 95.9 administrative notice issued by the public authority to enforce 95.10 health insurance provisions of a support order in accordance 95.11 with Code of Federal Regulations, title 45, section 303.32, in 95.12 cases where the public authority provides support enforcement 95.13 services. 95.14 (f) "Public coverage" means health care benefits provided 95.15 by any form of medical assistance under chapter 256B or 95.16 MinnesotaCare under chapter 256L. 95.17 (g) "Uninsured medical expenses" means a child's reasonable 95.18 and necessary health-related expenses if the child is not 95.19 covered by a health plan or public coverage when the expenses 95.20 are incurred. 95.21 (h) "Unreimbursed medical expenses" means a child's 95.22 reasonable and necessary health-related expenses if a child is 95.23 covered by a health plan or public coverage and the plan or 95.24 coverage does not pay for the total cost of the expenses when 95.25 the expenses are incurred. Unreimbursed medical expenses do not 95.26 include the cost of premiums. Unreimbursed medical expenses 95.27 include, but are not limited to, deductibles, copayments, and 95.28 expenses for orthodontia, prescription eyeglasses and contact 95.29 lenses, and over-the-counter medicine. 95.30 Subd. 2. [ORDER.] (a) A completed national medical support 95.31 notice issued by the public authority or a court order that 95.32 complies with this section is a qualified medical child support 95.33 order under the federal Employee Retirement Income Security Act 95.34 of 1974 (ERISA), United States Code, title 29, section 1169(a). 95.35 (b) Every order addressing child support must state: 95.36 (1) the names, last known addresses, and social security 96.1 numbers of the parents and the child that is a subject of the 96.2 order unless the court prohibits the inclusion of an address or 96.3 social security number and orders the parents to provide the 96.4 address and social security number to the administrator of the 96.5 health plan; 96.6 (2) whether appropriate health care coverage for the child 96.7 is available and, if so, state: 96.8 (i) which party must carry health care coverage; 96.9 (ii) the cost of premiums and how the cost is allocated 96.10 between the parties; 96.11 (iii) how unreimbursed expenses will be allocated and 96.12 collected by the parties; and 96.13 (iv) the circumstances, if any, under which the obligation 96.14 to provide health care coverage for the child will shift from 96.15 one party to the other; 96.16 (3) if appropriate health care coverage is not available 96.17 for the child, whether a contribution for medical support is 96.18 required; and 96.19 (4) whether the amount ordered for medical support is 96.20 subject to a cost-of-living adjustment under section 517C.31. 96.21 Subd. 3. [DETERMINING APPROPRIATE HEALTH CARE 96.22 COVERAGE.] (a) In determining whether a party has appropriate 96.23 health care coverage for the child, the court must evaluate the 96.24 health plan using the following factors: 96.25 (1) accessible coverage. Dependent health care coverage is 96.26 accessible if the covered child can obtain services from a 96.27 health plan provider with reasonable effort by the parent with 96.28 whom the child resides. Health care coverage is presumed 96.29 accessible if: 96.30 (i) primary care coverage is available within 30 minutes or 96.31 30 miles of the child's residence and specialty care coverage is 96.32 available within 60 minutes or 60 miles of the child's 96.33 residence; 96.34 (ii) the coverage is available through an employer and the 96.35 employee can be expected to remain employed for a reasonable 96.36 amount of time; and 97.1 (iii) no preexisting conditions exist to delay coverage 97.2 unduly; 97.3 (2) comprehensive coverage. Dependent health care coverage 97.4 is comprehensive if it includes, at a minimum, medical and 97.5 hospital coverage and provides for preventive, emergency, acute, 97.6 and chronic care. If both parties have health care coverage 97.7 that meets the minimum requirements, the court must determine 97.8 which health care coverage is more comprehensive by considering 97.9 whether the coverage includes: 97.10 (i) basic dental coverage; 97.11 (ii) orthodontia; 97.12 (iii) eyeglasses; 97.13 (iv) contact lenses; 97.14 (v) mental health services; or 97.15 (vi) substance abuse treatment; 97.16 (3) affordable coverage. Dependent health care coverage is 97.17 affordable if a party's gross income is 150 percent of the 97.18 federal poverty guidelines or more and the party's contribution 97.19 to the health care coverage premium does not exceed five percent 97.20 of the party's gross income. If a party's gross income is less 97.21 than 150 percent of the federal poverty guidelines, it is 97.22 presumed that the party is unable to contribute to the cost of 97.23 health care coverage unless health care is available at no or 97.24 low cost to that party; and 97.25 (4) the child's special medical needs, if any. 97.26 (b) If both parties have health care coverage available for 97.27 a child, and the court determines under paragraph (a), clauses 97.28 (1) and (2), that the available coverage is comparable with 97.29 regard to accessibility and comprehensiveness, the least costly 97.30 health care coverage is the appropriate health care coverage for 97.31 the child. 97.32 Subd. 4. [ORDERING HEALTH CARE COVERAGE.] (a) If a child 97.33 is presently enrolled in health care coverage, the court must 97.34 order that the parent who currently has the child enrolled 97.35 continue that enrollment unless the parties agree otherwise or a 97.36 party requests a change in coverage and the court determines 98.1 that other health care coverage is more appropriate. 98.2 (b) If a child is not presently enrolled in health care 98.3 coverage, upon motion of a party or the public authority, the 98.4 court must determine whether one or both parties have 98.5 appropriate health care coverage for the child and order the 98.6 party with appropriate health care coverage available to carry 98.7 the coverage for the child. 98.8 (c) If only one party has appropriate health care coverage 98.9 available, the court must order that party to carry the coverage 98.10 for the child. 98.11 (d) If both parties have appropriate health care coverage 98.12 available, the court must order the parent with whom the child 98.13 resides to carry the coverage for the child, unless: 98.14 (1) either party expresses a preference for coverage 98.15 available through the parent with whom the child does not 98.16 reside; 98.17 (2) the parent with whom the child does not reside is 98.18 already carrying dependent health care coverage for other 98.19 children and the cost of contributing to the premiums of the 98.20 other parent's coverage would cause the parent with whom the 98.21 child does not reside extreme hardship; or 98.22 (3) the parents agree to provide coverage and agree on the 98.23 allocation of costs. 98.24 (e) If the exception in paragraph (d), clause (1) or (2) 98.25 applies, the court must determine which party has the most 98.26 appropriate coverage available and order that party to carry 98.27 coverage for the child. If the court determines under 98.28 subdivision 3, paragraph (a), clauses (1) and (2), that the 98.29 parties' health care coverage for the child is comparable with 98.30 regard to accessibility and comprehensiveness, the court must 98.31 order the party with the least costly health care coverage to 98.32 carry coverage for the child. 98.33 (f) If neither party has appropriate health care coverage 98.34 available, the court must order the parent with whom the child 98.35 does not reside to contribute toward the cost of public coverage 98.36 for the child or the child's uninsured medical expenses in an 99.1 amount equal to the lesser of: 99.2 (1) five percent of gross income; or 99.3 (2) the monthly amount the parent with whom the child does 99.4 not reside would pay for the child's premiums if the parent's 99.5 income meets the eligibility requirements for public coverage. 99.6 For purposes of determining the premium amount, a parent's 99.7 household size is equal to the parent plus the child who is the 99.8 subject of the child support order. The court may order the 99.9 parent with whom the child resides to apply for public coverage 99.10 for the child. 99.11 (g) The commissioner of human services must publish a table 99.12 with the premium schedule for public coverage and update the 99.13 chart for changes to the schedule by July 1 of each year. 99.14 Subd. 5. [MEDICAL SUPPORT COSTS; UNREIMBURSED AND 99.15 UNINSURED MEDICAL EXPENSES.] (a) Unless otherwise agreed to by 99.16 the parties and approved by the court, the court must order that 99.17 the cost of health care coverage and all unreimbursed and 99.18 uninsured medical expenses be divided between the obligor and 99.19 obligee based on their proportionate share of the parties' 99.20 combined monthly income, as determined under section 517C.12. 99.21 (b) If a party owes a child support obligation for a child 99.22 and is ordered to carry health care coverage for the child, and 99.23 the other party is ordered to contribute to the carrying party's 99.24 cost for coverage, the carrying party's child support payment 99.25 must be reduced by the amount of the contributing party's 99.26 contribution. 99.27 (c) If a party owes a child support obligation for a child 99.28 and is ordered to contribute to the other party's cost for 99.29 carrying health care coverage for the child, the contributing 99.30 party's child support payment must be increased by the amount of 99.31 the contribution. 99.32 (d) If a party's obligation for health care coverage 99.33 premiums is greater than five percent of the party's gross 99.34 income, the court may order the other party to contribute more 99.35 for the cost of the premiums, if doing so would not result in 99.36 extreme hardship to that party. If an additional contribution 100.1 causes a party extreme hardship, the court must order the 100.2 obligor to contribute the lesser of the two amounts under 100.3 subdivision 4, paragraph (f). 100.4 (e) If the party ordered to carry health care coverage for 100.5 the child already carries dependent health care coverage for 100.6 other dependents and would incur no additional premium costs to 100.7 add the child to the existing coverage, the court must not order 100.8 the other party to contribute to the premium costs for coverage 100.9 of the child. 100.10 (f) If a party ordered to carry health care coverage for 100.11 the child does not already carry dependent health care coverage 100.12 but has other dependents who may be added to the ordered 100.13 coverage, the full premium costs of the dependent health care 100.14 coverage must be allocated between the parties in proportion to 100.15 the party's share of the parties' combined income, unless the 100.16 parties agree otherwise. 100.17 (g) If a party ordered to carry health care coverage for 100.18 the child is required to enroll in a health plan so that the 100.19 child can be enrolled in dependent health care coverage under 100.20 the plan, the court must allocate the costs of the dependent 100.21 health care coverage between the parties. The costs of the 100.22 health care coverage for the party ordered to carry the coverage 100.23 for the child must not be allocated between the parties. 100.24 Subd. 6. [NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER, 100.25 UNION, OR HEALTH CARRIER.] (a) The public authority must forward 100.26 a copy of the national medical support notice or court order for 100.27 health care coverage to the party's employer within two business 100.28 days after the date the party is entered into the work reporting 100.29 system under section 256.998. 100.30 (b) The public authority or a party seeking to enforce an 100.31 order for health care coverage must forward a copy of the 100.32 national medical support notice or court order to the obligor's 100.33 employer or union, or to the health carrier under the following 100.34 circumstances: 100.35 (1) the party ordered to carry health care coverage for the 100.36 child fails to provide written proof to the other party or the 101.1 public authority, within 30 days of the effective date of the 101.2 court order, that the party has applied for health care coverage 101.3 for the child; 101.4 (2) the party seeking to enforce the order or the public 101.5 authority gives written notice to the party ordered to carry 101.6 health care coverage for the child of its intent to enforce 101.7 medical support. The party seeking to enforce the order or 101.8 public authority must mail the written notice to the last known 101.9 address of the party ordered to carry health care coverage for 101.10 the child; and 101.11 (3) the party ordered to carry health care coverage for the 101.12 child fails, within 15 days after the date on which the written 101.13 notice under clause (2) was mailed, to provide written proof to 101.14 the other party or the public authority that the party has 101.15 applied for health care coverage for the child. 101.16 (c) The public authority is not required to forward a copy 101.17 of the national medical support notice or court order to the 101.18 obligor's employer or union, or to the health carrier, if the 101.19 court orders health care coverage for the child that is not 101.20 employer-based or union-based coverage. 101.21 Subd. 7. [EMPLOYER OR UNION REQUIREMENTS.] (a) An employer 101.22 or union must forward the national medical support notice or 101.23 court order to its health plan within 20 business days after the 101.24 date on the national medical support notice or after receipt of 101.25 the court order. 101.26 (b) Upon determination by an employer's or union's health 101.27 plan administrator that a child is eligible to be covered under 101.28 the health plan, the employer or union and health plan must 101.29 enroll the child as a beneficiary in the health plan, and the 101.30 employer must withhold any required premiums from the income or 101.31 wages of the party ordered to carry health care coverage for the 101.32 child. 101.33 (c) If enrollment of the party ordered to carry health care 101.34 coverage for a child is necessary to obtain dependent health 101.35 care coverage under the plan, and the party is not enrolled in 101.36 the health plan, the employer or union must enroll the party in 102.1 the plan. 102.2 (d) Enrollment of dependents and, if necessary, the party 102.3 ordered to carry health care coverage for the child must be 102.4 immediate and not dependent upon open enrollment periods. 102.5 Enrollment is not subject to the underwriting policies under 102.6 section 62A.048. 102.7 (e) Failure of the party ordered to carry health care 102.8 coverage for the child to execute any documents necessary to 102.9 enroll the dependent in the health plan does not affect the 102.10 obligation of the employer or union and health plan to enroll 102.11 the dependent in a plan. Information and authorization provided 102.12 by the public authority, or by a party or guardian, is valid for 102.13 the purposes of meeting enrollment requirements of the health 102.14 plan. 102.15 (f) An employer or union that is included under the federal 102.16 Employee Retirement Income Security Act of 1974 (ERISA), United 102.17 States Code, title 29, section 1169(a), may not deny enrollment 102.18 to the child or to the parent if necessary to enroll the child 102.19 based on exclusionary clauses described in section 62A.048. 102.20 (g) A new employer or union of a party who is ordered to 102.21 provide health care coverage for a child must enroll the child 102.22 in the party's health plan as required by a national medical 102.23 support notice or court order. 102.24 Subd. 8. [HEALTH PLAN REQUIREMENTS.] (a) If a health plan 102.25 administrator receives a completed national medical support 102.26 notice or court order, the plan administrator must notify the 102.27 parties, and the public authority if the public authority 102.28 provides support enforcement services, within 40 business days 102.29 after the date of the notice or after receipt of the court 102.30 order, of the following: 102.31 (1) whether coverage is available to the child under the 102.32 terms of the health plan and, if not, the reason why coverage is 102.33 not available; 102.34 (2) whether the child is covered under the health plan; 102.35 (3) the effective date of the child's coverage under the 102.36 health plan; and 103.1 (4) what steps, if any, are required to effectuate the 103.2 child's coverage under the health plan. 103.3 (b) If the employer or union offers more than one plan and 103.4 the national medical support notice or court order does not 103.5 specify the plan to be carried, the plan administrator must 103.6 notify the parents and the public authority if the public 103.7 authority provides support enforcement services. When there is 103.8 more than one option available under the plan, the public 103.9 authority, in consultation with the parent with whom the child 103.10 resides, must promptly select from available plan options. 103.11 (c) The plan administrator must provide the parents and 103.12 public authority, if the public authority provides support 103.13 enforcement services, with a notice of the child's enrollment, 103.14 description of the coverage, and any documents necessary to 103.15 effectuate coverage. 103.16 (d) The health plan must send copies of all correspondence 103.17 regarding the health care coverage to the parents. 103.18 (e) An insured child's parent's signature is a valid 103.19 authorization to a health plan for purposes of processing an 103.20 insurance reimbursement payment to the medical services provider 103.21 or to the parent, if medical services have been prepaid by that 103.22 parent. 103.23 Subd. 9. [EMPLOYER OR UNION LIABILITY.] (a) An employer or 103.24 union that willfully fails to comply with the order or notice is 103.25 liable for any uninsured medical expenses incurred by the 103.26 dependents while the dependents were eligible to be enrolled in 103.27 the health plan and for any other premium costs incurred because 103.28 the employer or union willfully failed to comply with the order 103.29 or notice. 103.30 (b) An employer or union that fails to comply with the 103.31 order or notice is subject to a contempt finding, a $250 civil 103.32 penalty under section 517C.57, and is subject to a civil penalty 103.33 of $500 to be paid to the party entitled to reimbursement or the 103.34 public authority. Penalties paid to the public authority are 103.35 designated for child support enforcement services. 103.36 Subd. 10. [CONTESTING ENROLLMENT.] (a) A party may contest 104.1 a child's enrollment in a health plan on the limited grounds 104.2 that the enrollment is improper due to mistake of fact or that 104.3 the enrollment meets the requirements of section 517C.26. 104.4 (b) If the party chooses to contest the enrollment, the 104.5 party must do so no later than 15 days after the employer 104.6 notifies the party of the enrollment by doing the following: 104.7 (1) filing a motion in district court or according to 104.8 section 484.702 and the expedited child support process rules if 104.9 the public authority provides support enforcement services; 104.10 (2) serving the motion on the other party and public 104.11 authority if the public authority provides support enforcement 104.12 services; and 104.13 (3) securing a date for the matter to be heard no later 104.14 than 45 days after the notice of enrollment. 104.15 (c) The enrollment must remain in place while the party 104.16 contests the enrollment. 104.17 Subd. 11. [DISENROLLMENT; CONTINUATION OF COVERAGE; 104.18 COVERAGE OPTIONS.] (a) Unless a court order provides otherwise, 104.19 a child for whom a party is required to provide health care 104.20 coverage under this section must be covered as a dependent of 104.21 the party until the child is emancipated, until further order of 104.22 the court, or as consistent with the terms of the coverage. 104.23 (b) The health carrier, employer, or union may not 104.24 disenroll or eliminate coverage for the child unless: 104.25 (1) the health carrier, employer, or union is provided 104.26 satisfactory written evidence that the court order is no longer 104.27 in effect; 104.28 (2) the child is or will be enrolled in comparable health 104.29 care coverage through another health plan that will take effect 104.30 no later than the effective date of the disenrollment; 104.31 (3) the employee is no longer eligible for dependent 104.32 coverage; or 104.33 (4) the required premium has not been paid by or on behalf 104.34 of the child. 104.35 (c) The health plan must provide 30 days' written notice to 104.36 the child's parents, and the public authority if the public 105.1 authority provides support enforcement services, before the 105.2 health plan disenrolls or eliminates the child's coverage. 105.3 (d) A child enrolled in health care coverage under a 105.4 qualified medical child support order, including a national 105.5 medical support notice, under this section is a dependent and a 105.6 qualified beneficiary under the Consolidated Omnibus Budget and 105.7 Reconciliation Act of 1985 (COBRA), Public Law 99-272. Upon 105.8 expiration of the order, the child is entitled to the 105.9 opportunity to elect continued coverage that is available under 105.10 the health plan. The employer or union must provide notice to 105.11 the parties and the public authority, if it provides support 105.12 services, within ten days of the termination date. 105.13 (e) If the public authority provides support enforcement 105.14 services and a plan administrator reports to the public 105.15 authority that there is more than one coverage option available 105.16 under the health plan, the public authority, in consultation 105.17 with the parents, must promptly select coverage from the 105.18 available options. 105.19 Subd. 12. [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court 105.20 must require the parent with whom the child does not reside to 105.21 provide dependent health care coverage for the benefit of the 105.22 parent with whom the child resides if the parent is ordered to 105.23 provide dependent health care coverage for the parties' child 105.24 and adding the other parent to the coverage results in no 105.25 additional premium cost. 105.26 Subd. 13. [DISCLOSURE OF INFORMATION.] (a) If the public 105.27 authority provides support enforcement services, the parties 105.28 must provide the public authority with the following information: 105.29 (1) information relating to dependent health care coverage 105.30 or public coverage available for the benefit of the child for 105.31 whom support is sought, including all information required to be 105.32 included in a medical support order under this section; 105.33 (2) verification that application for court-ordered health 105.34 care coverage was made within 30 days of the court's order; and 105.35 (3) the reason that a child is not enrolled in 105.36 court-ordered health care coverage, if a child is not enrolled 106.1 in coverage or subsequently loses coverage. 106.2 (b) Upon request from the public authority under section 106.3 256.978, an employer, union, or plan administrator, including an 106.4 employer subject to the federal Employee Retirement Income 106.5 Security Act of 1974 (ERISA), United States Code, title 29, 106.6 section 1169(a), must provide the public authority the following 106.7 information: 106.8 (1) information relating to dependent health care coverage 106.9 available to a party for the benefit of the child for whom 106.10 support is sought, including all information required to be 106.11 included in a medical support order under this section; and 106.12 (2) information that will enable the public authority to 106.13 determine whether a health plan is appropriate for a child, 106.14 including, but not limited to, all available plan options, any 106.15 geographic service restrictions, and the location of service 106.16 providers. 106.17 (c) The employer, union, or plan administrator must not 106.18 release information regarding one party to the other party. The 106.19 employer, union, or plan administrator must provide both parties 106.20 with insurance identification cards and all necessary written 106.21 information to enable the parties to utilize the insurance 106.22 benefits for the covered dependent. 106.23 (d) The public authority is authorized to release to a 106.24 party's employer, union, or health plan information necessary to 106.25 obtain or enforce medical support. 106.26 (e) An employee must disclose to an employer if medical 106.27 support is required to be withheld under this section and the 106.28 employer must begin withholding according to the terms of the 106.29 order and under section 517C.52. If an employee discloses an 106.30 obligation to obtain health care coverage and coverage is 106.31 available through the employer, the employer must make all 106.32 application processes known to the individual and enroll the 106.33 employee and dependent in the plan. 106.34 Subd. 14. [CHILD SUPPORT ENFORCEMENT SERVICES.] The public 106.35 authority must take necessary steps to establish and enforce an 106.36 order for medical support if the child receives public 107.1 assistance or a party completes an application for services from 107.2 the public authority under section 517C.38, subdivision 2. 107.3 Subd. 15. [ENFORCEMENT.] (a) Remedies available for 107.4 collecting and enforcing child support apply to medical support. 107.5 (b) For the purpose of enforcement, the following are 107.6 additional support: 107.7 (1) the costs of individual or group health or 107.8 hospitalization coverage; 107.9 (2) dental coverage; 107.10 (3) medical costs ordered by the court to be paid by either 107.11 party, including health and dental insurance premiums paid by 107.12 the obligee because of the obligor's failure to obtain coverage 107.13 as ordered; and 107.14 (4) liabilities established under this subdivision. 107.15 (c) A party who fails to carry court-ordered dependent 107.16 health care coverage is liable for the child's uninsured medical 107.17 expenses unless a court order provides otherwise. A party's 107.18 failure to carry court-ordered coverage, or to provide other 107.19 medical support as ordered, is a basis for modification of a 107.20 support order under section 517C.28. 107.21 (d) Payments by the health carrier or employer for services 107.22 rendered to the dependents that are directed to a party not owed 107.23 reimbursement must be endorsed over to and forwarded to the 107.24 vendor or appropriate party or the public authority. A party 107.25 retaining insurance reimbursement not owed to the party is 107.26 liable for the amount of the reimbursement. 107.27 Subd. 16. [INCOME WITHHOLDING; OFFSET.] (a) If a party 107.28 owes no child support obligation for a child and is ordered to 107.29 contribute to the other party's cost for carrying health care 107.30 coverage for the child, the contributing party is subject to 107.31 income withholding under section 517C.52 for the amount of the 107.32 contribution to the carrying party's cost for the child's health 107.33 care coverage. 107.34 (b) If a party's court-ordered health care coverage for the 107.35 child terminates and the child is not enrolled in other health 107.36 care coverage or public coverage, and a modification motion is 108.1 not pending, the public authority may remove the offset to a 108.2 party's child support obligation or terminate income withholding 108.3 instituted against a party under section 517C.52. The public 108.4 authority must provide notice to the parties of the action. 108.5 (c) A party may contest the public authority's action to 108.6 remove the offset to the child support obligation or terminate 108.7 income withholding if the party makes a written request for a 108.8 hearing within 30 days after receiving written notice. If a 108.9 party makes a timely request for a hearing, the public authority 108.10 must schedule a hearing and send written notice of the hearing 108.11 to the parties by mail to the parties' last known addresses at 108.12 least 14 days before the hearing. The hearing must be conducted 108.13 in district court or in the expedited child support process if 108.14 section 484.702 applies. The district court or child support 108.15 magistrate must determine whether removing the offset or 108.16 terminating income withholding is appropriate and, if 108.17 appropriate, the effective date for the removal or termination. 108.18 (d) If the party does not request a hearing, the district 108.19 court or child support magistrate must order the offset or 108.20 income withholding termination effective the first day of the 108.21 month following termination of the child's health care coverage. 108.22 Subd. 17. [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL 108.23 EXPENSES.] (a) A party must initiate a request for reimbursement 108.24 of unreimbursed and uninsured medical expenses within two years 108.25 of the date that the party incurred the unreimbursed or 108.26 uninsured medical expenses. The time period in this paragraph 108.27 does not apply if the location of the other party is unknown. 108.28 (b) A party seeking reimbursement of unreimbursed and 108.29 uninsured medical expenses must mail a written notice of intent 108.30 to collect the expenses and a copy of an affidavit of health 108.31 care expenses to the other party at the other party's last known 108.32 address. 108.33 (c) The written notice must include a statement that the 108.34 party has 30 days from the date the notice was mailed to (1) pay 108.35 in full; (2) enter a payment agreement; or (3) file a motion 108.36 requesting a hearing contesting the matter. If the public 109.1 authority provides support enforcement services, the written 109.2 notice also must include a statement that the requesting party 109.3 must submit the amount due to the public authority for 109.4 collection. 109.5 (d) The affidavit of health care expenses must itemize and 109.6 document the child's unreimbursed or uninsured medical expenses 109.7 and include copies of all bills, receipts, and insurance company 109.8 explanations of benefits. 109.9 (e) If the public authority provides support enforcement 109.10 services, the party seeking reimbursement must send to the 109.11 public authority a copy of the written notice, the original 109.12 affidavit, and copies of all bills, receipts, and insurance 109.13 company explanations of benefits. 109.14 (f) If the party does not respond to the request for 109.15 reimbursement within 30 days, the party seeking reimbursement or 109.16 public authority, if the public authority provides support 109.17 enforcement services, must commence an enforcement action 109.18 against the party under subdivision 18. 109.19 (g) The public authority must serve the other party with a 109.20 notice of intent to enforce unreimbursed and uninsured medical 109.21 expenses and file an affidavit of service by mail with the 109.22 district court administrator. The notice must state that, 109.23 unless the party (1) pays in full; (2) enters into a payment 109.24 agreement; or (3) files a motion contesting the matter within 14 109.25 days of service of the notice, the public authority will 109.26 commence enforcement of the expenses as medical support arrears 109.27 under subdivision 18. 109.28 (h) If the party files a timely motion for a hearing 109.29 contesting the requested reimbursement, the contesting party 109.30 must schedule a hearing in district court or in the expedited 109.31 child support process if section 484.702 applies. The 109.32 contesting party must provide the party seeking reimbursement 109.33 and the public authority, if the public authority provides 109.34 support enforcement services, with written notice of the hearing 109.35 at least 14 days before the hearing by mailing notice of the 109.36 hearing to the public authority and the party at the party's 110.1 last known address. The party seeking reimbursement must file 110.2 the original affidavit of health care expenses with the court at 110.3 least five days before the hearing. Based upon the evidence 110.4 presented, the district court or child support magistrate must 110.5 determine liability for the expenses and order that the liable 110.6 party is subject to enforcement of the expenses as medical 110.7 support arrears under subdivision 18. 110.8 Subd. 18. [ENFORCING AN ORDER FOR MEDICAL SUPPORT 110.9 ARREARS.] (a) If a party liable for unreimbursed and uninsured 110.10 medical expenses owes a child support obligation to the party 110.11 seeking reimbursement of the expenses, the expenses must be 110.12 collected as medical support arrears as follows: 110.13 (1) if income withholding under section 517C.52 is 110.14 available, medical support arrears must be withheld from a 110.15 liable party's income or wages pursuant to section 517C.60; or 110.16 (2) if income withholding under section 517C.52 is not 110.17 available, a liable party must pay medical support arrears under 110.18 the terms of a payment agreement under section 517C.71. 110.19 (b) If a liable party fails to enter into or comply with a 110.20 payment agreement, the party seeking reimbursement or the public 110.21 authority, if it provides support enforcement services, may 110.22 schedule a hearing to have a court order payment. The party 110.23 seeking reimbursement or the public authority must provide the 110.24 liable party with written notice of the hearing at least 14 days 110.25 before the hearing. 110.26 (c) If a party liable for unreimbursed and uninsured 110.27 medical expenses does not owe a child support obligation to the 110.28 party seeking reimbursement, and the party seeking reimbursement 110.29 owes the liable party child support arrears, the liable party's 110.30 medical support arrears must be deducted from the amount of the 110.31 child support arrears. If a liable party owes medical support 110.32 arrears after deducting the amount owed from the amount of the 110.33 child support arrears owed by the party seeking reimbursement, 110.34 it must be collected as follows: 110.35 (1) if the party seeking reimbursement owes a child support 110.36 obligation to the liable party, the child support obligation 111.1 must be reduced by 20 percent until the medical support arrears 111.2 are satisfied; 111.3 (2) if the party seeking reimbursement does not owe a child 111.4 support obligation to the liable party, the liable party's 111.5 income must be subject to income withholding under section 111.6 517C.52 for an amount required under section 517C.71 until the 111.7 medical support arrears are satisfied; or 111.8 (3) if the party seeking reimbursement does not owe a child 111.9 support obligation, and income withholding under section 517C.52 111.10 is not available, payment of the medical support arrears must be 111.11 required under a payment agreement under section 517C.71. 111.12 Sec. 15. [517C.18] [SELF-SUPPORT ADJUSTMENT.] 111.13 Subdivision 1. [ADJUSTMENT.] (a) If the sum of the 111.14 obligor's basic support, child care support, and medical support 111.15 obligation leaves the obligor with remaining income in an amount 111.16 less than 120 percent of the federal poverty guidelines for one 111.17 person, the court must reduce the obligor's child support 111.18 obligation by an amount equal to the lesser of: (1) the 111.19 difference between the obligor's remaining income and 120 111.20 percent of the federal poverty guidelines amount; or (2) the 111.21 obligor's total child support obligation. 111.22 (b) The court must apply the reduction to the obligor's 111.23 child support obligation in the following order: 111.24 (1) medical support obligation; 111.25 (2) child care support obligation; and 111.26 (3) basic support obligation. 111.27 Subd. 2. [MINIMUM BASIC SUPPORT AMOUNT.] (a) If the 111.28 reduction under subdivision 1 equals the sum of the obligor's 111.29 basic support, child care support, and medical support 111.30 obligation, the court must order support as follows: 111.31 (1) for one or two children, the obligor's basic support 111.32 obligation is $50 per month; or 111.33 (2) for three or more children, the obligor's basic support 111.34 obligation is $75 per month. 111.35 (b) If the court orders the obligor to pay the minimum 111.36 basic support amount under this subdivision, the obligor is 112.1 presumed unable to pay child care support and medical support. 112.2 (c) If the court finds that an obligor receives no income 112.3 and completely lacks the ability to earn income, the minimum 112.4 basic support amount under this subdivision does not apply. 112.5 Sec. 16. [517C.19] [WORKSHEET.] 112.6 The commissioner of human services must create and publish 112.7 a worksheet to assist in calculating child support under 112.8 sections 517C.12 to 517C.18. The worksheet must not impose 112.9 substantive requirements other than requirements contained in 112.10 sections 517C.12 to 517C.18. The commissioner must update the 112.11 worksheet by July 1 of each year. The commissioner must make an 112.12 interactive version of the worksheet available on the department 112.13 of human services Web site. 112.14 Sec. 17. [517C.20] [DEVIATIONS.] 112.15 Subdivision 1. [GENERAL FACTORS.] In addition to the child 112.16 support guidelines, the court must take into consideration the 112.17 following factors in setting or modifying child support or in 112.18 determining whether to deviate from the guidelines: 112.19 (1) all earnings, income, and resources of the parents, 112.20 including real and personal property, but excluding income from 112.21 excess employment of the obligor or obligee that meets the 112.22 criteria of section 517C.12, subdivision 5; 112.23 (2) the financial needs and resources, physical and 112.24 emotional condition, and educational needs of the child to be 112.25 supported; 112.26 (3) the standard of living the child would have enjoyed had 112.27 the marriage not been dissolved, but recognizing that the 112.28 parents now have separate households; 112.29 (4) which parent receives the income taxation dependency 112.30 exemption and the financial benefit the parent receives from it; 112.31 (5) the parents' debts as provided in subdivision 2; 112.32 (6) the obligor's receipt of public assistance under the 112.33 AFDC program formerly codified under sections 256.72 to 256.82 112.34 or 256B.01 to 256B.40 and chapter 256J or 256K; and 112.35 (7) the child spends between 33 and 45 percent of 112.36 overnights with the obligor pursuant to a court order or with 113.1 the consent of the obligee, which results in an increased 113.2 financial burden on the obligor. 113.3 Subd. 2. [DEBT OWED TO PRIVATE CREDITORS.] (a) In 113.4 establishing or modifying a support obligation, the court may 113.5 consider debts owed to private creditors, but only if: 113.6 (1) the right to support has not been assigned under 113.7 section 256.741; 113.8 (2) the court determines that the debt was reasonably 113.9 incurred for necessary support of the child or parent or for the 113.10 necessary generation of income. If the debt was incurred for 113.11 the necessary generation of income, the court may consider only 113.12 the amount of debt that is essential to the continuing 113.13 generation of income; and 113.14 (3) the party requesting a departure produces a sworn 113.15 schedule of the debts, with supporting documentation, showing 113.16 goods or services purchased, the recipient of them, the original 113.17 debt amount, the outstanding balance, the monthly payment, and 113.18 the number of months until the debt will be fully paid. 113.19 (b) A schedule prepared under paragraph (a), clause (3), 113.20 must contain a statement that the debt will be fully paid after 113.21 the number of months shown in the schedule, barring emergencies 113.22 beyond the party's control. 113.23 (c) Any further departure below the guidelines that is 113.24 based on a consideration of debts owed to private creditors must 113.25 not exceed 18 months in duration. After 18 months the support 113.26 must increase automatically to the level ordered by the court. 113.27 This section does not prohibit one or more step increases in 113.28 support to reflect debt retirement during the 18-month period. 113.29 (d) If payment of debt is ordered pursuant to this section, 113.30 the payment must be ordered to be in the nature of child support. 113.31 Subd. 3. [EVIDENCE.] The court may receive evidence on the 113.32 factors in this section to determine if the guidelines should be 113.33 exceeded or modified in a particular case. 113.34 Subd. 4. [NO DEVIATION WHEN PAYMENTS ARE ASSIGNED TO THE 113.35 PUBLIC AUTHORITY EXCEPT FOR EXTREME HARDSHIP.] If the child 113.36 support payments are assigned to the public authority under 114.1 section 256.741, the court may not deviate downward from the 114.2 child support guidelines unless the court specifically finds 114.3 that the failure to deviate downward would impose an extreme 114.4 hardship on the obligor. 114.5 Subd. 5. [NO DEPARTURE BASED ON JOINT LEGAL CUSTODY.] An 114.6 award of joint legal custody is not a reason for departure from 114.7 the guidelines. 114.8 Sec. 18. [517C.21] [WRITTEN FINDINGS.] 114.9 Subdivision 1. [NO DEVIATION.] If the court does not 114.10 deviate from the guidelines, the court must make written 114.11 findings concerning the amount of the parties' income used as 114.12 the basis for the guidelines calculation and any other 114.13 significant evidentiary factors affecting the child support 114.14 determination. 114.15 Subd. 2. [DEVIATION.] (a) If the court deviates from the 114.16 guidelines, the court must make written findings giving the 114.17 amount of support calculated under the guidelines, the reasons 114.18 for the deviation, and must specifically address the criteria in 114.19 section 517C.17 and how the deviation serves the best interests 114.20 of the child. 114.21 (b) The court may deviate from the guidelines if both 114.22 parties agree and the court makes written findings that it is in 114.23 the best interests of the child, except that in cases where 114.24 child support payments are assigned to the public authority 114.25 under section 256.741, the court may deviate downward only as 114.26 provided in section 517C.17, subdivision 4. Nothing in this 114.27 section prohibits the court from deviating in other cases. 114.28 Subd. 3. [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 114.29 provisions of this section apply whether or not the parties are 114.30 each represented by independent counsel and have entered into a 114.31 written agreement. The court must review stipulations presented 114.32 to it for conformity to the guidelines. The court is not 114.33 required to conduct a hearing, but the parties must provide the 114.34 documentation of earnings required under section 517C.10. 114.35 Sec. 19. [517C.22] [GUIDELINES REVIEW.] 114.36 No later than 2006 and every four years after that, the 115.1 department of human services must conduct a review of the child 115.2 support guidelines. 115.3 Sec. 20. [517C.23] [EDUCATION TRUST FUND.] 115.4 The parties may agree to designate a sum of money above 115.5 court-ordered child support as a trust fund for the costs of 115.6 postsecondary education. 115.7 Sec. 21. [517C.25] [MODIFICATION; GENERAL.] 115.8 Subdivision 1. [AUTHORITY.] After a child support order is 115.9 established, the court may, on motion of a party or the public 115.10 authority, modify the order respecting the amount and payment of 115.11 support. The court may make an order respecting any matters it 115.12 had authority to address in the original proceeding, except as 115.13 otherwise provided in section 517C.29. A party or the public 115.14 authority also may make a motion for contempt of court if the 115.15 obligor is in arrears in support payments. 115.16 Subd. 2. [GUIDELINES REMAIN APPLICABLE.] On a motion for 115.17 modification of support, the guidelines in this chapter remain 115.18 applicable. 115.19 Subd. 3. [EVIDENTIARY HEARING NOT REQUIRED.] The court 115.20 need not hold an evidentiary hearing on a motion for child 115.21 support modification. 115.22 Subd. 4. [FORM.] The state court administrator must 115.23 prepare and make available to courts, obligors, and obligees a 115.24 form to be submitted in support of a motion for a child support 115.25 modification or for contempt of court. 115.26 Sec. 22. [517C.26] [REOPENING AN ORDER.] 115.27 Subdivision 1. [FACTORS.] Upon a party's motion, the court 115.28 may rescind a child support order or judgment and may order a 115.29 new trial or grant other relief as may be just for the following 115.30 reasons: 115.31 (1) mistake, inadvertence, surprise, or excusable neglect; 115.32 (2) newly discovered evidence that could not have been 115.33 discovered by due diligence in time to move for a new trial 115.34 under the rules of civil procedure; 115.35 (3) fraud, whether denominated intrinsic or extrinsic, 115.36 misrepresentation, or other misconduct of an adverse party; 116.1 (4) the judgment or order is void; 116.2 (5) the judgment has been satisfied, released, or 116.3 discharged; 116.4 (6) the judgment is based on a prior order that has been 116.5 reversed or otherwise vacated; or 116.6 (7) it is no longer equitable that the order should have 116.7 prospective application. 116.8 Subd. 2. [PROCEDURE; EFFECT.] A party's motion must be 116.9 made within a reasonable time, and, for a reason under 116.10 subdivision 1, clause (1), (2), or (3), not more than one year 116.11 after the judgment and decree, order, or proceeding was entered 116.12 or taken. A motion under this section does not affect the 116.13 finality of an order or suspend its operation. This section 116.14 does not limit the power of a court to entertain an independent 116.15 action to relieve a party from an order or proceeding or to 116.16 grant relief to a party not actually personally notified as 116.17 provided in the Minnesota Rules of Civil Procedure, or to set 116.18 aside a judgment for fraud upon the court. 116.19 Sec. 23. [517C.27] [CHANGE IN CUSTODY OR PARENTING TIME.] 116.20 Subdivision 1. [OFFICIAL CHANGE IN CUSTODY; CHILD SUPPORT 116.21 SUSPENDED.] If an obligee has been granted sole physical custody 116.22 of a child, the child subsequently lives with the obligor, and 116.23 temporary sole physical custody has been approved by the court 116.24 or by a court-appointed referee, the court may suspend the 116.25 obligor's child support obligation pending the final custody 116.26 determination. The court's order denying the suspension of 116.27 child support must include a written explanation of the reasons 116.28 why continuation of the child support obligation would be in the 116.29 best interests of the child. 116.30 Subd. 2. [UNOFFICIAL CHANGE IN CUSTODY; CHILD SUPPORT 116.31 OBLIGATION SATISFIED.] The court may conclude that an obligor 116.32 has satisfied a child support obligation by providing a home, 116.33 care, and support for the child while the child is living with 116.34 the obligor, if the court finds that the child was integrated 116.35 into the family of the obligor with the consent of the obligee 116.36 and child support payments were not assigned to the public 117.1 authority. 117.2 Subd. 3. [30-DAY CHANGE; CHILD SUPPORT REDUCED.] A support 117.3 order issued under this chapter may provide that, during any 117.4 period of time of 30 consecutive days or longer that the child 117.5 is residing with the obligor, the support amount otherwise due 117.6 under the order may be reduced. 117.7 Sec. 24. [517C.28] [SUBSTANTIAL CHANGE IN CIRCUMSTANCES, 117.8 EARNINGS, OR NEEDS.] 117.9 Subdivision 1. [FACTORS.] (a) A court may modify the terms 117.10 of a child support order upon a showing of one or more of the 117.11 following: 117.12 (1) substantially increased or decreased earnings of a 117.13 party; 117.14 (2) substantially increased or decreased need of a party or 117.15 the child that is the subject of these proceedings; 117.16 (3) receipt of assistance under the AFDC program formerly 117.17 codified under sections 256.72 to 256.87 or 256B.01 to 256B.40 117.18 or chapter 256J or 256K; 117.19 (4) a change in the cost of living for either party, as 117.20 measured by the federal Bureau of Labor Statistics, that makes 117.21 the terms unreasonable and unfair; 117.22 (5) extraordinary medical expenses of the child not 117.23 provided for under section 517C.15; 117.24 (6) the addition of the obligee's work-related or 117.25 education-related child care expenses or a substantial increase 117.26 or decrease in existing work-related or education-related child 117.27 care expenses; or 117.28 (7) upon the emancipation of a child if there is still a 117.29 child under the order. A child support obligation for two or 117.30 more children that is not a support obligation in a specific 117.31 amount per child continues in the full amount until modified or 117.32 until the emancipation of the last child for whose benefit the 117.33 order was made. 117.34 (b) Implementation of this chapter is not a basis for 117.35 modification under this section. 117.36 Subd. 2. [PRESUMPTIONS.] It is presumed that there has 118.1 been a substantial change in circumstances under subdivision 1 118.2 and the terms of a current support order are rebuttably presumed 118.3 to be unreasonable and unfair if: 118.4 (1) when applied to the parties' current circumstances, the 118.5 presumptive child support amount derived under this chapter is 118.6 at least 20 percent and at least $50 per month higher or lower 118.7 than the current support order; 118.8 (2) the medical support provisions of the order established 118.9 under section 517C.15 are not enforceable by the public 118.10 authority or the obligee; 118.11 (3) health insurance coverage ordered under section 517C.15 118.12 is not available to the child for whom the order is established 118.13 by the parent ordered to provide it; or 118.14 (4) the existing support obligation is in the form of a 118.15 statement of percentage and not a specific dollar amount. 118.16 Subd. 3. [SUBSEQUENT CHILD.] (a) The court must not factor 118.17 the needs of a subsequent child into a support guidelines 118.18 calculation. The fact that an obligor had an additional child 118.19 after the entry of a child support order is not grounds for a 118.20 modification to decrease the amount of support owed. However, 118.21 the court must consider the fact that an obligor has a 118.22 subsequent child in response to a request by an obligee for a 118.23 modification to increase child support. 118.24 (b) In order to deviate from the presumptive support amount 118.25 derived under this chapter to consider the needs of a subsequent 118.26 child, the court must: 118.27 (1) find the obligor's total ability to contribute to 118.28 dependent children, taking into account the obligor's income and 118.29 reasonable expenses exclusive of child care. The obligor's 118.30 expenses must be: 118.31 (i) reduced as appropriate to take into account 118.32 contributions to those costs by other adults who share the 118.33 obligor's current household; and 118.34 (ii) apportioned between the parent and a subsequent child 118.35 with regard to shared benefits, including, but not limited to, 118.36 housing and transportation; 119.1 (2) find the total needs of all the obligor's children, and 119.2 if these needs are less than the obligor's ability to pay, the 119.3 needs may become the obligor's child support obligation. When 119.4 considering the needs of a subsequent child, the court must 119.5 reduce those amounts as appropriate to take into account the 119.6 ability to contribute to those needs by another parent of the 119.7 child; 119.8 (3) make specific findings on the needs of the child or 119.9 children who are the subject of the support order under 119.10 consideration; and 119.11 (4) exercise discretion to fairly determine the current 119.12 support obligation and the contribution left available for other 119.13 children, considering that the support obligation being 119.14 determined should be in an amount at least equal to the 119.15 contribution for a subsequent child. 119.16 Sec. 25. [517C.29] [MODIFICATION EFFECTIVE DATE.] 119.17 Subdivision 1. [DATE OF MOTION DETERMINATIVE.] A court may 119.18 make a modification of support, including interest that accrued 119.19 pursuant to section 548.091, effective no sooner than the date 119.20 of service of notice of the motion for modification on the 119.21 responding parties. 119.22 Subd. 2. [RETROACTIVE MODIFICATION PERMITTED ONLY IN 119.23 LIMITED CIRCUMSTANCES.] Notwithstanding subdivision 1, a court 119.24 may apply a modification to an earlier period if the court makes 119.25 express findings that: 119.26 (1) the party seeking modification was precluded from 119.27 serving a motion by reason of a significant physical or mental 119.28 disability, a material misrepresentation of another party, or 119.29 fraud upon the court; and the party seeking modification, when 119.30 no longer precluded, promptly served a motion; 119.31 (2) the party seeking modification was a recipient of 119.32 federal Supplemental Security Income (SSI), Title II Older 119.33 Americans Insurance, Survivor's Disability Insurance (OASDI), 119.34 other disability benefits, or public assistance based upon need 119.35 during the period for which retroactive modification is sought; 119.36 (3) the order the party seeks to amend was entered by 120.1 default, the party shows good cause for not appearing, and the 120.2 record contains no factual evidence, or clearly erroneous 120.3 evidence, regarding the obligor's ability to pay; or 120.4 (4) the party seeking modification was institutionalized or 120.5 incarcerated for an offense other than nonsupport of a child 120.6 during the period for which retroactive modification is sought 120.7 and lacked the financial ability to pay the support ordered 120.8 during that time period. In determining whether to allow the 120.9 retroactive modification, the court must consider whether and 120.10 when a request was made to the public authority for support 120.11 modification. 120.12 Subd. 3. [CHILD CARE EXCEPTION.] The court may provide 120.13 that a reduction in the amount allocated for child care expenses 120.14 based on a substantial decrease in the expenses is effective as 120.15 of the date the expenses decreased. 120.16 Sec. 26. [517C.30] [TERMINATION OF CHILD SUPPORT.] 120.17 Subdivision 1. [DEATH OF OBLIGOR.] Unless otherwise agreed 120.18 in writing or expressly provided in the order, provisions for a 120.19 child's support are not terminated by the death of a parent 120.20 obligated to support the child. When a parent obligated to pay 120.21 support dies, the amount of support may be modified, revoked, or 120.22 commuted to a lump-sum payment, to the extent just and 120.23 appropriate in the circumstances. 120.24 Subd. 2. [AUTOMATIC TERMINATION.] (a) Unless a court order 120.25 provides otherwise, a child support obligation in a specific 120.26 amount per child terminates automatically and without any action 120.27 by the obligor to reduce, modify, or terminate the order upon 120.28 the child's emancipation. 120.29 (b) A child support obligation for two or more children 120.30 that is not a support obligation in a specific amount per child 120.31 continues in the full amount until the emancipation of the last 120.32 child for whose benefit the order was made, or until further 120.33 order of the court. 120.34 (c) The obligor may request a modification of the obligor's 120.35 child support order upon a child's emancipation if there are 120.36 still minor children under the order. The court must determine 121.1 the child support obligation based on the parties' income at the 121.2 time the modification is sought. 121.3 Sec. 27. [517C.31] [COST-OF-LIVING ADJUSTMENTS.] 121.4 Subdivision 1. [GENERAL.] An order establishing, 121.5 modifying, or enforcing child support must provide for a 121.6 biennial adjustment in the amount to be paid based on a change 121.7 in the cost of living. Cost-of-living adjustments are 121.8 compounded. 121.9 Subd. 2. [WAIVER.] A court may waive the requirement of 121.10 the cost-of-living clause if it expressly finds that the 121.11 obligor's occupation or income, or both, does not provide for 121.12 cost-of-living adjustment or that the order for child support 121.13 has a provision such as a step increase that has the effect of a 121.14 cost-of-living clause. 121.15 Subd. 3. [INDEX; AMOUNT.] (a) The court must specify the 121.16 cost-of-living index to be applied in an order that provides for 121.17 a cost-of-living adjustment. The court may use the Consumer 121.18 Price Index for All Urban Consumers, Minneapolis-St. Paul 121.19 (CPI-U), the Consumer Price Index for Wage Earners and Clerical, 121.20 Minneapolis-St. Paul (CPI-W), or another cost-of-living index 121.21 published by the department of labor that the court specifically 121.22 finds is more appropriate. 121.23 (b) The court may increase the amount by more than the 121.24 cost-of-living adjustment by agreement of the parties or by 121.25 making further findings. 121.26 Subd. 4. [EFFECTIVE DATE.] If payment is made to the 121.27 public authority, an adjustment is effective on May 1 of the 121.28 year it is made. If payment is not made to the public 121.29 authority, an adjustment may be made in any month but no 121.30 adjustment may be made sooner than two years after the date of 121.31 the dissolution decree. A support order must specify the 121.32 effective date of cost-of-living adjustments. 121.33 Subd. 5. [NOTICE.] A cost-of-living adjustment may not be 121.34 made unless: 121.35 (1) the support order requires it; and 121.36 (2) the obligee or public authority notifies the obligor of 122.1 the adjustment by mail at the obligor's last known address at 122.2 least 20 days before the effective date of the adjustment. The 122.3 notice must inform the obligor of the effective date of the 122.4 adjustment, the right to contest the adjustment, and the 122.5 procedures to contest the adjustment. 122.6 Subd. 6. [PROCEDURE FOR CONTESTING ADJUSTMENT.] (a) To 122.7 contest a cost-of-living adjustment initiated by the public 122.8 authority or an obligee who has applied for or is receiving 122.9 child support collection services from the public authority, 122.10 other than income withholding-only services, the obligor must: 122.11 (1) file a motion contesting the cost-of-living adjustment 122.12 with the court administrator; and 122.13 (2) serve the motion by first-class mail on the public 122.14 authority and the obligee. 122.15 The obligor must file and serve the motion before the effective 122.16 date of the adjustment. The hearing must take place in the 122.17 expedited child support process under section 484.702. 122.18 (b) To contest a cost-of-living adjustment initiated by an 122.19 obligee who is not receiving child support collection services 122.20 from the public authority, or for an obligee who receives income 122.21 withholding-only services from the public authority, the obligor 122.22 must: 122.23 (1) file a motion contesting the cost-of-living adjustment 122.24 with the court administrator; and 122.25 (2) serve the motion by first-class mail on the obligee. 122.26 The obligor must file and serve the motion before the effective 122.27 date of the adjustment. The hearing must take place in district 122.28 court. 122.29 (c) Upon receipt of a motion contesting the cost-of-living 122.30 adjustment, the public authority or court must stay the 122.31 cost-of-living adjustment pending further order of the court. 122.32 Subd. 7. [HEARING.] (a) At a hearing under this section, 122.33 if the obligor establishes an insufficient increase in income to 122.34 fulfill the adjusted child support obligation, the district 122.35 court or child support magistrate may direct that all or part of 122.36 the adjustment not take effect. 123.1 (b) At a hearing under this section, if the obligor does 123.2 not establish an insufficient increase in income, the adjustment 123.3 must take effect as of the date originally specified in the 123.4 support order. 123.5 Subd. 8. [FORM.] The state court administrator must 123.6 prepare and make available to the court and obligors a form to 123.7 be submitted in support of a request for a hearing under this 123.8 section. 123.9 Subd. 9. [RULES.] The commissioner of human services may 123.10 promulgate rules for child support adjustments under this 123.11 section in accordance with the rulemaking provisions of chapter 123.12 14. 123.13 Sec. 28. [517C.35] [ASSIGNMENT.] 123.14 Subdivision 1. [GENERAL.] The court must direct that all 123.15 payments ordered for support be made to the public authority if 123.16 the obligee is receiving or has applied for public assistance. 123.17 Amounts received by the public authority greater than the amount 123.18 granted to the obligee must be remitted to the obligee pursuant 123.19 to federal requirements. 123.20 Subd. 2. [JUDGMENTS.] The court administrator must enter 123.21 and docket a judgment obtained by operation of law under section 123.22 548.091, subdivision 1, in the name of the public authority to 123.23 the extent that the obligation has been assigned. When arrears 123.24 are reduced to judgment and section 548.091 is not applicable, 123.25 the court must grant judgment in favor of, and in the name of, 123.26 the public authority to the extent that the arrears are 123.27 assigned. The public authority must file notice of an 123.28 assignment with the court administrator, who must enter the 123.29 notice in the docket. The public authority may then enforce a 123.30 judgment entered before the assignment of rights as if the 123.31 judgment were granted to it, and in its name, to the extent that 123.32 the arrears in that judgment are assigned. 123.33 Subd. 3. [PROPERTY LIEN.] The court may make any child 123.34 support order a lien or charge upon the obligor's property, 123.35 either at the time of the entry of the judgment or by subsequent 123.36 order upon proper application. 124.1 Sec. 29. [517C.36] [PARTY STATUS.] 124.2 Subdivision 1. [OBLIGEE RECEIVES PUBLIC ASSISTANCE; PUBLIC 124.3 AUTHORITY IS A PARTY.] The public authority is joined as a party 124.4 if the obligee is receiving, or subsequently applies for, public 124.5 assistance and rights are assigned under section 256.741, 124.6 subdivision 2. 124.7 Subd. 2. [NO PUBLIC ASSISTANCE; APPLICATION FOR SERVICES.] 124.8 If the obligee is not receiving public assistance, but has 124.9 applied for child support collection services, the public 124.10 authority has a pecuniary interest, as well as an interest in 124.11 the welfare of a child. The public authority may intervene as a 124.12 matter of right in those cases to ensure that child support 124.13 orders are obtained, enforced, and provide for an appropriate 124.14 and accurate level of child, medical, and child care support. 124.15 If the public authority participates in a case where the action 124.16 taken by the public authority requires the use of an attorney's 124.17 services, the public authority must be represented by an 124.18 attorney consistent with the provisions in section 517C.37. 124.19 Sec. 30. [517C.37] [ROLE OF THE PUBLIC AUTHORITY.] 124.20 Subdivision 1. [PUBLIC AUTHORITY DOES NOT REPRESENT 124.21 OBLIGOR OR OBLIGEE.] The provision of services under the child 124.22 support enforcement program that includes services by an 124.23 attorney or an attorney's representative employed by, under 124.24 contract to, or representing the public authority does not 124.25 create an attorney-client relationship with any party other than 124.26 the public authority. Attorneys employed by or under contract 124.27 with the public authority have an affirmative duty to inform 124.28 applicants and recipients of services under the child support 124.29 enforcement program that no attorney-client relationship exists 124.30 between the attorney and the applicant or recipient. This 124.31 section applies to all legal services provided by the child 124.32 support enforcement program. 124.33 Subd. 2. [WRITTEN NOTICE.] The public authority must 124.34 provide written notice to an applicant or recipient of services 124.35 that: 124.36 (1) no attorney-client relationship exists between the 125.1 attorney and the applicant or recipient; 125.2 (2) the rights of the individual as a subject of data are 125.3 controlled by section 13.04, subdivision 2; and 125.4 (3) the individual has a right to have an attorney 125.5 represent the individual. 125.6 Subd. 3. [POWER TO REPRESENT OTHER PUBLIC 125.7 AUTHORITIES.] The public authority may act on behalf of a public 125.8 authority from another jurisdiction. This includes the 125.9 authority to represent the legal interests of, or execute 125.10 documents on behalf of, the other public authority in connection 125.11 with the establishment, enforcement, and collection of child 125.12 support and collection on judgments. 125.13 Sec. 31. [517C.38] [SERVICE FEES.] 125.14 Subdivision 1. [OBLIGOR FEE.] When the public authority 125.15 provides child support collection services either to a public 125.16 assistance recipient or to a party who does not receive public 125.17 assistance, the public authority may upon written notice to the 125.18 obligor charge a monthly collection fee equivalent to the full 125.19 monthly cost to the county of providing collection services, in 125.20 addition to the amount of the child support ordered by the 125.21 court. The public authority must deposit the fee in the county 125.22 general fund. The service fee assessed is limited to ten 125.23 percent of the monthly court-ordered child support and must not 125.24 be assessed to obligors who are current in payment of the 125.25 monthly court-ordered child support. 125.26 Subd. 2. [OBLIGEE FEE.] A $25 application fee must be paid 125.27 by the person who applies for child support and maintenance 125.28 collection services, except persons who are receiving public 125.29 assistance as defined in section 256.741, persons who transfer 125.30 from public assistance to nonpublic assistance status, and minor 125.31 parents and parents enrolled in a public secondary school, area 125.32 learning center, or alternative learning program approved by the 125.33 commissioner of children, families, and learning. 125.34 Subd. 3. [TAX INTERCEPT FEES.] Fees assessed by state and 125.35 federal tax agencies for collection of overdue support owed to 125.36 or on behalf of a person not receiving public assistance must be 126.1 imposed on the person for whom these services are provided. The 126.2 public authority upon written notice to the obligee must assess 126.3 a fee of $25 to the person not receiving public assistance for 126.4 each successful federal tax interception. The public authority 126.5 must withhold the fee before the release of the funds received 126.6 from each interception and must deposit the fee in the general 126.7 fund. 126.8 Subd. 4. [COMPLIANCE WITH FEDERAL LAW.] The limitations of 126.9 this section on the assessment of fees do not apply to the 126.10 extent they are inconsistent with the requirements of federal 126.11 law for receiving funds for the programs under Title IV-A and 126.12 Title IV-D of the Social Security Act, United States Code, title 126.13 42, sections 601 to 613 and 651 to 662. 126.14 Sec. 32. [517C.39] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 126.15 SUPPORT AND PARENTAGE ORDERS.] 126.16 The public authority may use the provisions of sections 126.17 517C.40 to 517C.44 when support rights are assigned under 126.18 section 256.741, subdivision 2, or when the public authority is 126.19 providing services under an application for child support 126.20 collection services. 126.21 Sec. 33. [517C.40] [NONATTORNEY EMPLOYEE DUTIES.] 126.22 Subdivision 1. [DUTIES PERFORMED UNDER SUPERVISION OF 126.23 COUNTY ATTORNEY.] (a) The county attorney must review and 126.24 approve as to form and content all pleadings and other legal 126.25 documents prepared by nonattorney employees of the public 126.26 authority for use in the expedited child support process. 126.27 (b) Under the direction of, and in consultation with, the 126.28 county attorney, nonattorney employees of the public authority 126.29 may perform the following legal duties: 126.30 (1) meet and confer with parties by mail, telephone, 126.31 electronic, or other means regarding legal issues; 126.32 (2) explain to parties the purpose, procedure, and function 126.33 of the expedited child support process and the role and 126.34 authority of nonattorney employees of the public authority 126.35 regarding legal issues; 126.36 (3) prepare pleadings, including, but not limited to, 127.1 summonses and complaints, notices, motions, subpoenas, orders to 127.2 show cause, proposed orders, administrative orders, and 127.3 stipulations and agreements; 127.4 (4) issue administrative subpoenas; 127.5 (5) prepare judicial notices; 127.6 (6) negotiate settlement agreements; 127.7 (7) attend and participate as a witness in hearings and 127.8 other proceedings and, if requested by the child support 127.9 magistrate, present evidence, agreements and stipulations of the 127.10 parties, and any other information deemed appropriate by the 127.11 magistrate; 127.12 (8) participate in other activities and perform other 127.13 duties delegated by the county attorney; and 127.14 (9) exercise other powers and perform other duties as 127.15 permitted by statute or court rule. 127.16 Subd. 2. [DUTIES PERFORMED WITHOUT DIRECTION FROM COUNTY 127.17 ATTORNEY.] Nonattorney employees of the public authority may 127.18 perform the following duties without direction from the county 127.19 attorney: 127.20 (1) gather information on behalf of the public authority; 127.21 (2) prepare financial worksheets; 127.22 (3) obtain income information from the department of 127.23 economic security and other sources; 127.24 (4) serve documents on parties; 127.25 (5) file documents with the court; 127.26 (6) meet and confer with parties by mail, telephone, 127.27 electronic, or other means regarding nonlegal issues; 127.28 (7) explain to parties the purpose, procedure, and function 127.29 of the expedited child support process and the role and 127.30 authority of nonattorney employees of the public authority 127.31 regarding nonlegal issues; and 127.32 (8) perform other routine nonlegal duties as assigned. 127.33 Subd. 3. [PRACTICE OF LAW.] Performance of the duties 127.34 prescribed in subdivisions 1 and 2 by nonattorney employees of 127.35 the public authority does not constitute the unauthorized 127.36 practice of law for purposes of section 481.02. 128.1 Sec. 34. [517C.41] [PLEADINGS; CASE INFORMATION SHEET.] 128.2 Subdivision 1. [PLEADINGS.] In cases involving 128.3 establishment or modification of a child support order, the 128.4 initiating party must include the following information, if 128.5 known, in the pleadings: 128.6 (1) names, addresses, and dates of birth of the parties; 128.7 (2) social security numbers of the parties and the parties' 128.8 minor children. This information is considered private 128.9 information and is available only to the parties, the court, and 128.10 the public authority; 128.11 (3) number of members in each party's household and 128.12 dependents of the parties; 128.13 (4) the obligor's other support obligations; 128.14 (5) names and addresses of the parties' employers; 128.15 (6) income of the parties as defined in section 517C.12; 128.16 (7) amounts and sources of any other earnings and income of 128.17 the parties; 128.18 (8) health insurance coverage of parties; 128.19 (9) types and amounts of public assistance the parties 128.20 receive, including Minnesota family investment program, child 128.21 care assistance, medical assistance, MinnesotaCare, title IV-E 128.22 foster care, or other form of assistance as defined in section 128.23 256.741, subdivision 1; and 128.24 (10) any other information relevant to the determination of 128.25 child support under this chapter. 128.26 Subd. 2. [CASE INFORMATION SHEET.] For all matters 128.27 scheduled in the expedited process, the nonattorney employee of 128.28 the public authority must file with the court and serve on the 128.29 parties the following information: 128.30 (1) income information available to the public authority 128.31 from the department of economic security; 128.32 (2) a statement of the monthly amount of child support, 128.33 child care, medical support, and arrears currently being charged 128.34 the obligor in Minnesota IV-D cases; 128.35 (3) a statement of the types and amount of any public 128.36 assistance, as defined in section 256.741, subdivision 1, 129.1 received by the parties; and 129.2 (4) any other information relevant to determining support 129.3 that is known to the public authority and that the parties have 129.4 not otherwise provided. 129.5 Subd. 3. [FILING INFORMATION.] The public authority must 129.6 file the case information with the district court or child 129.7 support magistrate at least five days before a hearing involving 129.8 child support, medical support, or child care reimbursement 129.9 issues. 129.10 Sec. 35. [517C.42] [NONCONTESTED MATTERS.] 129.11 Under the direction of the county attorney and based on 129.12 agreement of the parties, nonattorney employees of the public 129.13 authority may prepare a stipulation, findings of fact, 129.14 conclusions of law, and proposed order. The county attorney 129.15 must approve and sign the documents as to form and content 129.16 before the nonattorney employees submit the documents to the 129.17 district court or child support magistrate for approval. 129.18 Sec. 36. [517C.43] [ADMINISTRATIVE AUTHORITY; PARENTAGE; 129.19 SUPPORT.] 129.20 Subdivision 1. [POWERS.] The public authority may take the 129.21 following actions relating to establishing paternity or to 129.22 establishing, modifying, or enforcing support orders, without 129.23 the necessity of obtaining an order from a judicial or 129.24 administrative tribunal: 129.25 (1) recognize and enforce orders of child support agencies 129.26 of other states; 129.27 (2) upon request for genetic testing by a child, parent, or 129.28 an alleged parent, and using the procedure in subdivision 2, 129.29 order the child, parent, or alleged parent to submit to blood or 129.30 genetic testing for the purpose of establishing paternity; 129.31 (3) subpoena financial or other information needed to 129.32 establish, modify, or enforce a child support order and sanction 129.33 a party for failure to respond to a subpoena; 129.34 (4) upon notice to the obligor, obligee, and the 129.35 appropriate court, direct the obligor or other payor to change 129.36 the payee to the central collections unit under section 517C.50; 130.1 (5) order income withholding of child support under section 130.2 517C.52 and sanction an employer or payor of funds under section 130.3 393.07, subdivision 9a, for failing to comply with an income 130.4 withholding notice; 130.5 (6) secure assets to satisfy a support debt or arrears by: 130.6 (i) intercepting or seizing periodic or lump-sum payments 130.7 from state or local agencies, including unemployment insurance 130.8 benefits, workers' compensation payments, judgments, 130.9 settlements, lotteries, and other lump-sum payments; 130.10 (ii) attaching and seizing the obligor's assets held in 130.11 financial institutions or public or private retirement funds; 130.12 and 130.13 (iii) imposing liens in accordance with section 548.091, 130.14 and, in appropriate cases, forcing the sale of property and the 130.15 distribution of proceeds; 130.16 (7) for the purpose of securing overdue support, increase 130.17 the amount of the monthly support payments by an additional 130.18 amount equal to 20 percent of the monthly support payment to 130.19 include amounts for debts or arrears; and 130.20 (8) subpoena an employer or payor of funds to provide 130.21 promptly information on the employment, compensation, and 130.22 benefits of an individual employed by that employer as an 130.23 employee or contractor, and sanction an employer or payor of 130.24 funds under section 393.07, subdivision 9a, for failure to 130.25 respond to the subpoena as provided by law. 130.26 Subd. 2. [GENETIC TESTING.] (a) A child, parent, or 130.27 alleged parent who requests genetic testing must support the 130.28 request with a sworn statement that: 130.29 (1) alleges paternity and sets forth facts establishing a 130.30 reasonable possibility of the requisite sexual contact between 130.31 the parties; or 130.32 (2) denies paternity and sets forth facts establishing a 130.33 reasonable possibility of the nonexistence of sexual contact 130.34 between the alleged parties. 130.35 (b) The order for genetic tests may be served anywhere 130.36 within the state and served outside the state in the same manner 131.1 as prescribed by law for service of subpoenas issued by the 131.2 district court of this state. 131.3 (c) If the child, parent, or alleged parent fails to comply 131.4 with the genetic testing order, the public authority may seek to 131.5 enforce that order in district court through a motion to compel 131.6 testing. 131.7 (d) No results obtained through genetic testing done in 131.8 response to an order issued under this section may be used in a 131.9 criminal proceeding. 131.10 Subd. 3. [SUBPOENAS.] (a) Subpoenas may be served anywhere 131.11 within the state and served outside the state in the same manner 131.12 as prescribed by law for service of process of subpoenas issued 131.13 by the district court of this state. When a subpoena under this 131.14 subdivision is served on a third-party record keeper, written 131.15 notice of the subpoena must be mailed to the person who is the 131.16 subject of the subpoenaed material at the person's last known 131.17 address within three days of the day the subpoena is served. 131.18 This notice provision does not apply if there is reasonable 131.19 cause to believe the giving of the notice may lead to 131.20 interference with the production of the subpoenaed documents. 131.21 (b) A person served with a subpoena may make a written 131.22 objection to the public authority or court before the time 131.23 specified in the subpoena for compliance. The public authority 131.24 or the court may cancel or modify the subpoena, if appropriate. 131.25 The public authority must pay the reasonable costs of producing 131.26 the documents, if requested. 131.27 (c) Subpoenas are enforceable in the same manner as 131.28 subpoenas of the district court. Upon motion of the county 131.29 attorney, the court may issue an order directing the production 131.30 of the records. A person who fails to comply with the court 131.31 order is subject to civil or criminal contempt of court. 131.32 Subd. 4. [DUE PROCESS.] The administrative actions under 131.33 this section are subject to due process safeguards, including 131.34 requirements for notice, opportunity to contest the action, and 131.35 opportunity to appeal the order to a judge, judicial officer, or 131.36 child support magistrate. 132.1 Sec. 37. [517C.44] [SHARING OF INFORMATION; DATA.] 132.2 Subdivision 1. [GENERAL.] The public authority may share 132.3 available and relevant information on the parties in order to 132.4 perform its duties under this chapter or under supreme court 132.5 rules governing the expedited child support hearing process 132.6 under section 484.702, subject to the limitations of subdivision 132.7 3, section 256.87, subdivision 8, and section 257.70. 132.8 Subd. 2. [DATA DISCLOSED TO AN ATTORNEY OF THE PUBLIC 132.9 AUTHORITY.] (a) Data disclosed by an applicant for, or recipient 132.10 of, child support services to an attorney employed by, or under 132.11 contract with, the public authority is private data on an 132.12 individual. However, the data may be disclosed under section 132.13 13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and in 132.14 order to obtain, modify, or enforce child support, medical 132.15 support, and parentage determinations. 132.16 (b) An attorney employed by, or under contract with, the 132.17 public authority may disclose additional information received 132.18 from an applicant for, or recipient of, services for other 132.19 purposes with the consent of the individual applicant for, or 132.20 recipient of, child support services. 132.21 Subd. 3. [PROHIBITED DISCLOSURE.] In all proceedings under 132.22 this chapter in which public assistance is assigned under 132.23 section 256.741, or the public authority provides services to a 132.24 party or parties to the proceedings, notwithstanding statutory 132.25 or other authorization for the public authority to release 132.26 private data on the location of a party to the action, the 132.27 public authority may not release information on the location of 132.28 one party to the other party if: 132.29 (1) the public authority has knowledge that a protective 132.30 order with respect to the other party has been entered; or 132.31 (2) the public authority has reason to believe that the 132.32 release of the information may result in physical or emotional 132.33 harm to the other party. 132.34 Sec. 38. [517C.45] [SUFFICIENCY OF NOTICE.] 132.35 Automated child support notices sent by the public 132.36 authority which do not require service are sufficient notice 133.1 when issued and mailed by first-class mail to the person's last 133.2 known address. 133.3 Sec. 39. [517C.50] [CHILD SUPPORT PAYMENT CENTER; CENTRAL 133.4 COLLECTIONS UNIT.] 133.5 Subdivision 1. [CREATION.] (a) The commissioner of human 133.6 services must create and maintain a central collections unit to 133.7 receive, process, and disburse payments, and to maintain a 133.8 record of payments in all cases when: 133.9 (1) the public authority is a party; 133.10 (2) the public authority provides child support enforcement 133.11 services to a party; or 133.12 (3) payment is collected through income withholding. 133.13 (b) The commissioner may contract for services to carry out 133.14 these provisions if the commissioner first meets and negotiates 133.15 with the affected exclusive representatives. 133.16 Subd. 2. [CREDITOR COLLECTIONS.] The central collections 133.17 unit under this section is not a third party under chapters 550, 133.18 552, and 571 for purposes of creditor collection efforts against 133.19 child support and maintenance order obligors or obligees, and is 133.20 not subject to creditor levy, attachment, or garnishment. 133.21 Subd. 3. [CREDIT FOR PAYMENT.] Payments made to the public 133.22 authority that are not collected through income withholding must 133.23 be credited as of the date the payment is received by the 133.24 central collections unit. 133.25 Sec. 40. [517C.51] [MANDATORY PAYMENT OF OBLIGATIONS TO 133.26 CENTRAL COLLECTIONS UNIT.] 133.27 Subdivision 1. [GENERAL.] All payments described in 133.28 section 517C.50 must be made to the central collections unit. 133.29 Subd. 2. [LOCAL PAYMENT; TRANSMITTAL.] Each local child 133.30 support agency must provide a location within the agency to 133.31 receive payments. When the local agency receives a payment it 133.32 must transmit the funds to the central collections unit within 133.33 one working day of receipt of the payment. 133.34 Subd. 3. [INCENTIVES.] Notwithstanding a rule to the 133.35 contrary, incentives must be paid to the county providing 133.36 services and maintaining the case to which the payment is 134.1 applied. Incentive payments awarded for the collection of child 134.2 support must be based solely upon payments processed by the 134.3 central collections unit. Incentive payments received by the 134.4 county under this subdivision must be used for county child 134.5 support collection efforts. 134.6 Subd. 4. [ELECTRONIC FUNDS TRANSFER.] The central 134.7 collections unit is authorized to engage in the electronic 134.8 transfer of funds for the receipt and disbursement of funds. 134.9 Subd. 5. [REQUIRED CONTENT OF ORDER.] A tribunal issuing 134.10 an order that establishes or modifies a payment must issue an 134.11 income withholding order in conformity with section 517C.52. 134.12 The automatic income withholding order must include the 134.13 obligor's name, the obligor's social security number, the 134.14 obligor's date of birth, and the name and address of the 134.15 obligor's employer. The street mailing address and the 134.16 electronic mail address for the central collections unit must be 134.17 included in each automatic income withholding order issued by a 134.18 tribunal. 134.19 Subd. 6. [TRANSMITTAL OF ORDER TO THE PUBLIC AUTHORITY BY 134.20 THE TRIBUNAL.] The tribunal must transmit a copy of the order 134.21 establishing or modifying the payment, and a copy of the 134.22 automatic income withholding order, to the local child support 134.23 agency within two working days of the approval of the order by 134.24 the judge or child support magistrate or other person or entity 134.25 authorized to sign the automatic withholding order. 134.26 Subd. 7. [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 134.27 OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 134.28 payor of funds must identify the obligor on the check or 134.29 remittance by name, payor number, and social security number, 134.30 and must comply with section 517C.52. 134.31 Subd. 8. [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 134.32 FUNDS.] A notice may be directed to a person or entity 134.33 submitting a check drawn on insufficient funds stating that 134.34 future payments must be made by cash or certified funds. The 134.35 central collections unit and the public authority may refuse a 134.36 check from a person or entity that has been given notice that 135.1 payments must be in cash or certified funds. 135.2 Subd. 9. [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 135.3 record of payments maintained by the central collections unit is 135.4 admissible evidence in all tribunals as proof of payments made 135.5 through the central collections unit without the need of 135.6 testimony to prove authenticity. 135.7 Subd. 10. [TRANSITION PROVISIONS.] (a) The commissioner of 135.8 human services must develop a plan for the implementation of the 135.9 central collections unit. The plan must require that payments 135.10 be redirected to the central collections unit. Payments may be 135.11 redirected in groups according to county of origin, county of 135.12 payment, method of payment, type of case, or any other 135.13 distinguishing factor designated by the commissioner. 135.14 (b) Notice that payments must be made to the central 135.15 collections unit must be provided to the obligor and to the 135.16 payor of funds within 30 days before payments are redirected to 135.17 the central collections unit. After the notice has been 135.18 provided to the obligor or payor of funds, mailed payments 135.19 received by the local child support agency must be forwarded to 135.20 the central collections unit. A notice must be sent to the 135.21 obligor or payor of funds stating that payment application may 135.22 be delayed and must provide directions to submit future payments 135.23 to the central collections unit. 135.24 Subd. 11. [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 135.25 commissioner of human services may establish a revolving account 135.26 to cover funds issued in error due to insufficient funds or 135.27 other reasons. The commissioner must deposit appropriations for 135.28 this purpose and all recoupments against payments from the 135.29 account in the collections unit's recoupment account. The 135.30 recoupments are appropriated to the commissioner. An unexpended 135.31 balance in the account does not cancel, but is available until 135.32 expended. 135.33 Subd. 12. [UNCLAIMED SUPPORT FUNDS.] (a) If the public 135.34 authority cannot disburse support payments to an obligee because 135.35 the obligee cannot be located, the public authority must 135.36 continue its efforts to locate the obligee for one year from the 136.1 date it determines that it cannot locate the obligee. 136.2 (b) If the public authority is unable to locate the obligee 136.3 after one year, the public authority must mail a written notice 136.4 to the obligee at the obligee's last known address giving the 136.5 obligee 60 days to contact the public authority. 136.6 (c) If the obligee does not contact the public authority 136.7 within 60 days from the date of notice, the public authority 136.8 must: 136.9 (1) close the nonpublic assistance portion of the case; 136.10 (2) disburse unclaimed support funds to pay public 136.11 assistance arrears. If public assistance arrears remain after 136.12 disbursing the unclaimed support funds, the public authority may 136.13 continue to enforce and collect child support until all public 136.14 assistance arrears have been paid. If there are not public 136.15 assistance arrears, or unclaimed support funds remain after the 136.16 public assistance arrears have been paid, the public authority 136.17 must return the remaining unclaimed support funds to the 136.18 obligor; and 136.19 (3) when all public assistance arrears have been paid to 136.20 the public authority, mail a written notice of termination of 136.21 income withholding and case closure to the obligor at the 136.22 obligor's last known address. The notice must indicate that the 136.23 obligor's support obligation will remain in effect until further 136.24 order of the court and that the obligor may contact the public 136.25 authority for assistance to modify the order. The public 136.26 authority must include a copy of the form prepared by the state 136.27 court administrator's office under section 517C.25, subdivision 136.28 4, with the notice. 136.29 (d) If the public authority cannot locate the obligor to 136.30 return unclaimed support funds, the public authority must 136.31 continue its efforts to locate the obligor for one year from the 136.32 date the public authority determines that the obligor cannot be 136.33 located. If the public authority is unable to locate the 136.34 obligor after one year, the public authority must treat the 136.35 funds as unclaimed property according to federal law and chapter 136.36 345. 137.1 Sec. 41. [517C.52] [INCOME WITHHOLDING; GENERAL.] 137.2 Subdivision 1. [APPLICATION.] Sections 517C.52 to 517C.62 137.3 apply to all support orders issued by a court or an 137.4 administrative tribunal and orders for or notices of withholding 137.5 issued by the public authority according to section 517C.43, 137.6 subdivision 1, clause (5). 137.7 Subd. 2. [ORDER.] (a) Every support order must address 137.8 income withholding. Whenever a support order is initially 137.9 entered or modified, the full amount of the support order must 137.10 be withheld from the income of the obligor and forwarded to the 137.11 public authority. Sections 517C.51 to 517C.62 apply regardless 137.12 of the source of income of the person obligated to pay the child 137.13 support. 137.14 (b) Every order for child support must provide for a 137.15 conspicuous notice of the provisions in this section that 137.16 complies with section 517C.99, subdivision 3. An order without 137.17 this notice remains subject to this section. 137.18 (c) A payor of funds must implement income withholding 137.19 according to sections 517C.51 to 517C.62 upon receipt of an 137.20 order for or notice of withholding. The notice of withholding 137.21 must be on a form provided by the commissioner of human services. 137.22 Subd. 3. [NOTICE; INCOME WITHHOLDING AND COLLECTION 137.23 SERVICES.] (a) The commissioner of human services must prepare 137.24 and make available to the courts a notice of services that 137.25 explains child support and maintenance collection services 137.26 available through the public authority, including income 137.27 withholding. Upon receiving a petition for dissolution of 137.28 marriage or legal separation, the court administrator must 137.29 promptly send the notice of services to the petitioner and 137.30 respondent at the addresses stated in the petition. 137.31 (b) Upon receipt of a support order requiring income 137.32 withholding, a petitioner or respondent, who is not a recipient 137.33 of public assistance and does not receive child support 137.34 collection services from the public authority, must apply to the 137.35 public authority for either full child support collection 137.36 services or for services only to withhold income. 138.1 (c) For those persons applying for services only to 138.2 withhold income, the public authority must charge a monthly 138.3 service fee of $15 to the obligor. This fee is in addition to 138.4 the amount of the support order and must be withheld through 138.5 income withholding. The public authority must explain the 138.6 service options in this section to the affected parties and 138.7 encourage the application for full child support collection 138.8 services. 138.9 Subd. 4. [CONTRACT FOR SERVICE.] To carry out income 138.10 withholding, the public authority may contract for services, 138.11 including the use of electronic funds transfer. 138.12 Subd. 5. [ELECTRONIC TRANSMISSION.] Orders or notices for 138.13 income withholding may be transmitted for enforcement purposes 138.14 by electronic means. 138.15 Subd. 6. [TIMING OF AUTOMATED ENFORCEMENT REMEDIES.] The 138.16 public authority must make reasonable efforts to ensure that 138.17 automated enforcement remedies take into consideration the time 138.18 periods allowed under sections 517C.51 to 517C.62. 138.19 Sec. 42. [517C.53] [WAIVER OF INCOME WITHHOLDING.] 138.20 (a) If child support is not assigned to the public 138.21 authority under section 256.741, the court may waive income 138.22 withholding requirements if it finds there are no arrears as of 138.23 the date of the hearing and: 138.24 (1) one party demonstrates and the court finds there is 138.25 good cause to waive the requirements of sections 517C.51 to 138.26 517C.62 or to terminate an order for or notice of income 138.27 withholding previously entered; or 138.28 (2) all parties reach an agreement and the agreement is 138.29 approved by the court after a finding that the agreement is 138.30 likely to result in regular and timely payments. The court's 138.31 findings waiving the requirements of this paragraph must include 138.32 a written explanation of the reasons why income withholding 138.33 would not be in the child's best interests. 138.34 (b) In addition to the other requirements in this section, 138.35 if the case involves a modification of support, the court must 138.36 make a finding that support has been timely made. 139.1 (c) If the court waives income withholding, the obligee or 139.2 obligor may at any time request subsequent income withholding 139.3 under section 517C.59. 139.4 Sec. 43. [517C.54] [PAYOR OF FUNDS RESPONSIBILITIES.] 139.5 Subdivision 1. [ACTIVATION.] An order for or notice of 139.6 withholding is binding on a payor of funds upon receipt. 139.7 Withholding must begin no later than the first pay period that 139.8 occurs after 14 days following the date of receipt of the order 139.9 for or notice of withholding. In the case of a financial 139.10 institution, preauthorized transfers must occur in accordance 139.11 with a court-ordered payment schedule. 139.12 Subd. 2. [PROCEDURE.] A payor of funds must withhold from 139.13 the income payable to the obligor the amount specified in the 139.14 order or notice of withholding and amounts specified under 139.15 sections 517C.58 and 517C.63 and must remit the amounts withheld 139.16 to the public authority within seven business days of the date 139.17 the obligor is paid the remainder of the income. The payor of 139.18 funds must include with the remittance the obligor's social 139.19 security number, the case type indicator as provided by the 139.20 public authority, and the date the obligor is paid the remainder 139.21 of the income. The obligor is considered to have paid the 139.22 amount withheld as of the date the obligor received the 139.23 remainder of the income. A payor of funds may combine all 139.24 amounts withheld from one pay period into one payment to each 139.25 public authority, but must separately identify each obligor 139.26 making payment. 139.27 Subd. 3. [RETALIATION PROHIBITED.] A payor of funds must 139.28 not discharge, or refuse to hire, or otherwise discipline an 139.29 employee as a result of wage or salary withholding authorized by 139.30 this chapter. 139.31 Subd. 4. [UPDATED ORDERS.] If more than one order for or 139.32 notice of withholding exists involving the same obligor and 139.33 child, the public authority must enforce the most recent order 139.34 or notice. An order for or notice of withholding that was 139.35 previously implemented according to this chapter ends as of the 139.36 date of the most recent order. The public authority must notify 140.1 the payor of funds to withhold under the most recent withholding 140.2 order or notice. 140.3 Subd. 5. [NOTIFICATION OF TERMINATION.] When an order for 140.4 or notice of withholding is in effect and the obligor's 140.5 employment is terminated, the obligor and the payor of funds 140.6 must notify the public authority of the termination within ten 140.7 days of the termination date. The termination notice must 140.8 include the obligor's home address and the name and address of 140.9 the obligor's new payor of funds, if known. 140.10 Subd. 6. [EXPENSES.] A payor of funds may deduct $1 from 140.11 the obligor's remaining salary for each payment made pursuant to 140.12 an order for or notice of withholding under this chapter to 140.13 cover the expenses of withholding. 140.14 Sec. 44. [517C.55] [LUMP-SUM PAYMENTS.] 140.15 Subdivision 1. [APPLICATION.] (a) This section applies to 140.16 lump-sum payments of $500 or more including, but not limited to, 140.17 severance pay, accumulated sick pay, vacation pay, bonuses, 140.18 commissions, or other pay or benefits. 140.19 (b) The Consumer Credit Protection Act, United States Code, 140.20 title 15, section 1673(b), does not apply to lump-sum payments. 140.21 Subd. 2. [PAYOR OF FUNDS RESPONSIBILITIES.] Before 140.22 transmitting a lump-sum payment to an obligor, a payor of funds 140.23 who has been served with an order for or notice of income 140.24 withholding under this chapter must: 140.25 (1) notify the public authority of the lump-sum payment 140.26 that is to be paid to the obligor; and 140.27 (2) hold the lump-sum payment for 30 days after the date 140.28 the lump-sum payment would otherwise have been paid to the 140.29 obligor, notwithstanding sections 176.221, 176.225, 176.521, 140.30 181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota 140.31 Rules, part 1415.2000, subpart 10. 140.32 Subd. 3. [PUBLIC AUTHORITY OPTIONS.] (a) The public 140.33 authority may direct the payor of funds to pay the lump-sum 140.34 payment, up to the amount of judgments or arrears, to the public 140.35 authority if: 140.36 (1) a judgment entered pursuant to section 548.091, 141.1 subdivision 1a, exists against the obligor, or other support 141.2 arrears exist; and 141.3 (2) a portion of the judgment or arrears remains unpaid. 141.4 (b) If no judgment or arrears exist, the public authority 141.5 may seek a court order directing the payor of funds to transmit 141.6 all or a portion of the lump-sum payment to the public authority 141.7 for future support. To obtain a court order under this 141.8 paragraph, the public authority must show an obligor's past 141.9 willful nonpayment of support. 141.10 Sec. 45. [517C.56] [PAYOR OF FUNDS LIABILITY.] 141.11 Subdivision 1. [LIABILITY TO OBLIGEE.] A payor of funds is 141.12 liable to the obligee for amounts required to be withheld. A 141.13 payor of funds that fails to withhold or transfer funds in 141.14 accordance with this chapter is liable to the obligee for 141.15 interest on the funds at the rate applicable to judgments under 141.16 section 549.09, computed from the date the funds were required 141.17 to be withheld or transferred. A payor of funds is liable for 141.18 reasonable attorney fees of the obligee or public authority 141.19 incurred in enforcing the liability under this paragraph. A 141.20 payor of funds that has failed to comply with the requirements 141.21 of sections 517C.51 to 517C.62 is subject to contempt sanctions 141.22 under section 517C.57. If the payor of funds is an employer or 141.23 independent contractor and violates this subdivision, a court 141.24 may award the obligor twice the wages lost as a result of this 141.25 violation. If a court finds a payor of funds violated this 141.26 subdivision, the court must impose a civil fine of not less than 141.27 $500. The liabilities under this subdivision apply to 141.28 intentional noncompliance by a payor of funds with the 141.29 requirements of sections 517C.51 to 517C.62. 141.30 Subd. 2. [NONLIABILITY FOR COMPLIANCE.] A payor of funds 141.31 is not subject to civil liability to any individual or agency 141.32 for taking action in compliance with an income withholding order 141.33 or notice of withholding that appears regular on its face 141.34 according to this chapter or chapter 518C. 141.35 Sec. 46. [517C.57] [EMPLOYER CONTEMPT.] 141.36 Subdivision 1. [ORDERS BINDING.] Notices or orders for 142.1 income withholding or medical support issued pursuant to this 142.2 chapter are binding on the employer, trustee, or other payor of 142.3 funds after the order or notice has been transmitted to the 142.4 employer, trustee, or payor of funds. 142.5 Subd. 2. [CONTEMPT ACTION.] (a) An obligee or the public 142.6 authority may initiate a contempt action against an employer, 142.7 trustee, or payor of funds, within the action that created the 142.8 support obligation, by serving an order to show cause upon the 142.9 employer, trustee, or payor of funds. 142.10 (b) The employer, trustee, or payor of funds is presumed to 142.11 be in contempt: 142.12 (1) if the employer, trustee, or payor of funds has 142.13 intentionally failed to withhold support after receiving the 142.14 order or notice for income withholding or notice of enforcement 142.15 of medical support; or 142.16 (2) upon presentation of pay stubs or similar documentation 142.17 showing that the employer, trustee, or payor of funds withheld 142.18 support and demonstrating that the employer, trustee, or payor 142.19 of funds intentionally failed to remit support to the public 142.20 authority. 142.21 Subd. 3. [LIABILITY; SANCTIONS.] The employer, trustee, or 142.22 payor of funds is liable to the obligee or the public authority 142.23 for amounts required to be withheld that were not paid. The 142.24 court may enter judgment against the employer, trustee, or payor 142.25 of funds for support not withheld or remitted. An employer, 142.26 trustee, or payor of funds found guilty of contempt must be 142.27 punished by a fine of not more than $250 as provided in chapter 142.28 588. The court may also impose other contempt sanctions 142.29 authorized under chapter 588. 142.30 Sec. 47. [517C.58] [PRIORITY OF INCOME WITHHOLDING ORDERS; 142.31 MAXIMUM WITHHOLDING.] 142.32 Subdivision 1. [PRIORITY.] (a) An order for or notice of 142.33 withholding under this chapter or execution or garnishment upon 142.34 a judgment for child support arrears or preadjudicated expenses 142.35 has priority over an attachment, execution, garnishment, or wage 142.36 assignment and is not subject to the statutory limitations on 143.1 amounts levied against the income of the obligor. Amounts 143.2 withheld from an employee's income must not exceed the maximum 143.3 permitted under the Consumer Credit Protection Act, United 143.4 States Code, title 15, section 1673(b). 143.5 Subd. 2. [MULTIPLE ORDERS.] If a single employee is 143.6 subject to multiple withholding orders or multiple notices of 143.7 withholding for the support of more than one child, the payor of 143.8 funds must comply with all of the orders or notices to the 143.9 extent that the total amount withheld from the obligor's income 143.10 does not exceed the limits imposed under the Consumer Credit 143.11 Protection Act, United States Code, title 15, section 1673(b), 143.12 giving priority to amounts designated in each order or notice as 143.13 current support as follows: 143.14 (1) if the total of the amounts designated in the orders 143.15 for or notices of withholding as current support exceeds the 143.16 amount available for income withholding, the payor of funds must 143.17 allocate to each order or notice an amount for current support 143.18 equal to the amount designated in that order or notice as 143.19 current support, divided by the total of the amounts designated 143.20 in the orders or notices as current support, multiplied by the 143.21 amount of the income available for income withholding; and 143.22 (2) if the total of the amounts designated in the orders 143.23 for or notices of withholding as current support does not exceed 143.24 the amount available for income withholding, the payor of funds 143.25 must pay the amounts designated as current support, and must 143.26 allocate to each order or notice an amount for past due support, 143.27 equal to the amount designated in that order or notice as past 143.28 due support, divided by the total of the amounts designated in 143.29 the orders or notices as past due support, multiplied by the 143.30 amount of income remaining available for income withholding 143.31 after the payment of current support. 143.32 Sec. 48. [517C.59] [SUBSEQUENT INCOME WITHHOLDING.] 143.33 Subdivision 1. [APPLICATION.] This section applies to 143.34 support orders that do not contain provisions for income 143.35 withholding. 143.36 Subd. 2. [PUBLIC AUTHORITY PROVIDES CHILD SUPPORT 144.1 ENFORCEMENT SERVICES.] If the public authority provides child 144.2 support enforcement services to the parties, income withholding 144.3 under this section takes effect without prior judicial notice to 144.4 the obligor and without the need for judicial or administrative 144.5 hearing. Withholding must be initiated when: 144.6 (1) the obligor requests it in writing to the public 144.7 authority; 144.8 (2) the obligee or obligor serves on the public authority a 144.9 copy of the notice of income withholding, a copy of the court's 144.10 order, an application, and the fee to use the public authority's 144.11 collection services; or 144.12 (3) the public authority commences withholding under 144.13 section 517C.43. 144.14 Subd. 3. [PUBLIC AUTHORITY DOES NOT PROVIDE CHILD SUPPORT 144.15 ENFORCEMENT SERVICES.] If the public authority does not provide 144.16 child support enforcement services to the parties, income 144.17 withholding under this section must be initiated when an obligee 144.18 requests it by making a written motion to the court and the 144.19 court finds that previous support has not been paid on a timely 144.20 consistent basis or that the obligor has threatened expressly or 144.21 otherwise to stop or reduce payments. 144.22 Subd. 4. [NOTICE.] Within two days after the public 144.23 authority commences withholding under this section, the public 144.24 authority must send to the obligor at the obligor's last known 144.25 address, notice that withholding has commenced. The notice must 144.26 include the information provided to the payor of funds in the 144.27 notice of withholding. 144.28 Subd. 5. [CONTEST.] (a) The obligor may contest 144.29 withholding under this section on the limited grounds that the 144.30 withholding or the amount withheld is improper due to mistake of 144.31 fact. An obligor who chooses to contest the withholding must do 144.32 so no later than 15 days after the employer commences 144.33 withholding, by bringing a proper motion under section 484.702 144.34 and the expedited child support process rules. 144.35 (b) The income withholding must remain in place while the 144.36 obligor contests the withholding. 145.1 (c) If the court finds a mistake in the amount of the 145.2 arrears to be withheld, the court must continue the income 145.3 withholding, but it must correct the amount of the arrears to be 145.4 withheld. 145.5 Sec. 49. [517C.60] [INCOME WITHHOLDING; ARREARS ORDER.] 145.6 (a) In addition to ordering income withholding for current 145.7 support the court may order the payor of funds to withhold 145.8 amounts to satisfy the obligor's previous arrears in support 145.9 order payments. Use of this remedy does not exclude the use of 145.10 other remedies to enforce judgments. The employer or payor of 145.11 funds must withhold from the obligor's income an additional 145.12 amount equal to 20 percent of the monthly child support 145.13 obligation until the arrears are paid. 145.14 (b) Notwithstanding any law to the contrary, funds from 145.15 income sources included in section 517C.12, subdivision 1, 145.16 whether periodic or lump-sum, are not exempt from attachment or 145.17 execution upon a judgment for child support arrears. 145.18 (c) Absent an order to the contrary, if arrears exist at 145.19 the time a support order would otherwise terminate, income 145.20 withholding continues in effect or may be implemented in an 145.21 amount equal to the support order plus an additional 20 percent 145.22 of the monthly child support obligation, until all arrears have 145.23 been paid in full. 145.24 Sec. 50. [517C.61] [INTERSTATE INCOME WITHHOLDING.] 145.25 (a) Upon receipt of an order for support entered in another 145.26 state and the specified documentation from an authorized agency, 145.27 the public authority must implement income withholding. A payor 145.28 of funds in this state must withhold income under court orders 145.29 for withholding issued by other states or territories. 145.30 (b) An employer receiving an income withholding notice from 145.31 another state must withhold and distribute the funds as directed 145.32 in the withholding notice and must apply the law of the 145.33 obligor's principal place of employment when determining: 145.34 (1) the employer's fee for processing an income withholding 145.35 notice; 145.36 (2) the maximum amount permitted to be withheld from the 146.1 obligor's income; and 146.2 (3) deadlines for implementing and forwarding the child 146.3 support payment. 146.4 (c) An obligor may contest withholding under this section 146.5 pursuant to section 518C.506. 146.6 Sec. 51. [517C.62] [ORDER TERMINATING INCOME WITHHOLDING.] 146.7 Subdivision 1. [GENERAL PROCEDURE.] (a) An order 146.8 terminating income withholding must specify the effective date 146.9 of the order and reference the initial order or decree that 146.10 establishes the support obligation. A court must enter an order 146.11 terminating income withholding if: 146.12 (1) the obligor serves written notice of the application 146.13 for termination of income withholding by mail upon the obligee 146.14 at the obligee's last known mailing address, and serves a 146.15 duplicate copy of the application on the public authority; 146.16 (2) the application for termination of income withholding 146.17 specifies the event that terminates the support obligation, the 146.18 effective date of the termination of the support obligation, and 146.19 the applicable provisions of the order or decree that 146.20 established the support obligation; and 146.21 (3) the application includes the complete name of the 146.22 obligor's payor of funds, the business mailing address, the 146.23 court action and court file number, and the support and 146.24 collections file number, if known. 146.25 (b) The obligee or the public authority may request a 146.26 contested hearing on the issue of whether income withholding 146.27 should continue. The request must be made within 20 days of 146.28 receiving an application for termination of income withholding. 146.29 The request must clearly specify the basis for continuing income 146.30 withholding. The obligee or public authority may make an ex 146.31 parte motion to stay the service of an order terminating income 146.32 withholding upon the obligor's payor of funds pending the 146.33 outcome of the contested hearing. 146.34 Subd. 2. [TERMINATION BY THE PUBLIC AUTHORITY.] (a) If the 146.35 public authority determines that income withholding is no longer 146.36 applicable, the public authority must notify the obligee and the 147.1 obligor of intent to terminate income withholding. 147.2 (b) Five days after notification to the obligee and 147.3 obligor, the public authority must issue a notice to the payor 147.4 of funds terminating income withholding. A court order is not 147.5 required unless the obligee has requested an expedited child 147.6 support hearing under section 484.702. 147.7 Sec. 52. [517C.63] [CHILD SUPPORT DEPOSIT ACCOUNT; 147.8 FINANCIAL INSTITUTIONS.] 147.9 Subdivision 1. [APPLICATION.] If income withholding is 147.10 ineffective due to the obligor's method of obtaining income, the 147.11 court must order the obligor to identify a child support deposit 147.12 account owned solely by the obligor, or to establish an account, 147.13 in a financial institution located in this state for the purpose 147.14 of depositing court-ordered child support payments. The court 147.15 must order the obligor to execute an agreement with the 147.16 appropriate public authority for preauthorized transfers from 147.17 the obligor's child support account payable to an account of the 147.18 public authority. The court must order the obligor to disclose 147.19 to the court all deposit accounts owned by the obligor in whole 147.20 or in part in any financial institution. The court may order 147.21 the obligor to disclose to the court the opening or closing of 147.22 any deposit account owned in whole or in part by the obligor 147.23 within 30 days of the opening or closing. The court may order 147.24 the obligor to execute an agreement with the appropriate public 147.25 authority for preauthorized transfers from any deposit account 147.26 owned in whole or in part by the obligor to the obligor's child 147.27 support deposit account if necessary to satisfy court-ordered 147.28 child support payments. The court may order a financial 147.29 institution to disclose to the court the account number and any 147.30 other information regarding accounts owned in whole or in part 147.31 by the obligor. An obligor who fails to comply with this 147.32 subdivision, fails to deposit funds in at least one deposit 147.33 account sufficient to pay court-ordered child support, or stops 147.34 payment or revokes authorization of a preauthorized transfer is 147.35 subject to contempt of court procedures under chapter 588. 147.36 Subd. 2. [TRANSFERS.] A financial institution must execute 148.1 preauthorized transfers for the obligor's deposit accounts in 148.2 the amount specified in the order and amounts required under 148.3 this section as directed by the public authority. A financial 148.4 institution is liable to the obligee if funds in any of the 148.5 obligor's deposit accounts identified in the court order equal 148.6 the amount stated in the preauthorization agreement but are not 148.7 transferred by the financial institution in accordance with the 148.8 agreement. 148.9 Sec. 53. [517C.64] [ESCROW ACCOUNT.] 148.10 Subdivision 1. [ESTABLISHMENT.] (a) When determining or 148.11 modifying a support order the court must not order income 148.12 withholding otherwise required under sections 517C.51 to 517C.62 148.13 if: 148.14 (1) the court finds there are no arrears as of the date of 148.15 the court hearing; 148.16 (2) the obligor establishes a savings account for a sum 148.17 equal to two months of the monthly child support obligation; and 148.18 (3) the obligor provides proof of the existence of the 148.19 account to the court and the public authority prior to the 148.20 issuance of the order. The obligor's proof of the establishment 148.21 must include the financial institution name and address, account 148.22 number, and the deposit amount. 148.23 (b) An account established under paragraph (a) must: 148.24 (1) be at a financial institution; 148.25 (2) bear interest; and 148.26 (3) authorize the public authority as the sole drawer of 148.27 funds. 148.28 Subd. 2. [DEFAULT.] (a) If a child support payment is ten 148.29 days or more past due, the obligee may transmit a default notice 148.30 to the public authority and apply for child support collection 148.31 services. The obligee must verify the notice and the notice 148.32 must contain the title of the action, the court file number, the 148.33 full name and address of the obligee, the obligor's name and 148.34 last known address, the obligor's last known employer or other 148.35 payor of funds, the date of the first unpaid amount, the date of 148.36 the last unpaid amount, and the total amount unpaid. 149.1 (b) Within three working days of receiving a notice of 149.2 default, the public authority must: 149.3 (1) withdraw the funds held at the financial institution 149.4 under this section; and 149.5 (2) send a copy of the notice of default and a notice of 149.6 intent to implement income withholding by mail to the obligor at 149.7 the obligor's last known address. 149.8 (c) The notice of intent to implement income withholding 149.9 must state that the support order will be served on the 149.10 obligor's employer or payor of funds unless the obligor, within 149.11 15 days of the date of the notice, brings a proper motion under 149.12 section 484.702 and the expedited child support process rules. 149.13 Subd. 3. [DUTIES OF THE PUBLIC AUTHORITY.] (a) Within 149.14 three working days of withdrawing sums under subdivision 2, the 149.15 public authority must remit all amounts not assigned to the 149.16 public authority to the obligee as current support. 149.17 (b) The public authority must also serve a copy of the 149.18 court's order and the provisions of sections 517C.51 to 517C.62 149.19 and this section on the obligor's employer or other payor of 149.20 funds unless the obligor requests a hearing under subdivision 2, 149.21 paragraph (c). 149.22 (c) The public authority must inform the obligor's employer 149.23 or other payor of funds of the date the next support payment is 149.24 due. Income withholding must begin on that date and must 149.25 reflect the total credits of principal and interest amounts 149.26 received from the escrow account. 149.27 Subd. 4. [HEARING.] (a) If the obligor brings a motion for 149.28 a hearing under subdivision 2, paragraph (c), the court must 149.29 hold a hearing within 30 days of the date of the notice of 149.30 default under subdivision 2, paragraph (a). 149.31 (b) If the court finds that there was a default, the court 149.32 must order the immediate withholding of support from the 149.33 obligor's income. 149.34 (c) If the court finds that there was no default, the court 149.35 must order the reestablishment of the escrow account by either 149.36 the obligee or obligor and must not order income withholding. 150.1 Subd. 5. [TERMINATION OF ESCROW ACCOUNT.] (a) When the 150.2 support obligation ends under the terms of the order or decree 150.3 establishing the obligation and the sum held under this section 150.4 has not otherwise been released, the public authority must 150.5 release the sum and interest to the obligor if the obligor 150.6 transmits a notice of termination to the public authority. The 150.7 obligor must verify the notice and the notice must indicate: 150.8 (1) the title of the action; 150.9 (2) the court file number; 150.10 (3) the obligee's full name and address; 150.11 (4) the event that ends the support obligation; 150.12 (5) the effective date of the termination of support 150.13 obligation; and 150.14 (6) the applicable provisions of the order or decree that 150.15 established the support obligation. 150.16 (b) The public authority must send a copy of the 150.17 termination notice to the obligee. 150.18 (c) The obligee or the public authority may request a 150.19 hearing on the issues of whether the support obligation 150.20 continues and whether the escrow account should continue. The 150.21 obligee's or public authority's request must be made and served 150.22 on the other parties within 20 days of receiving a notice of 150.23 termination. 150.24 Sec. 54. [517C.65] [TRUSTEE.] 150.25 Subdivision 1. [APPOINTMENT.] Upon its own motion or upon 150.26 motion of either party, the court may appoint a trustee, when it 150.27 is deemed expedient, to receive money ordered to be paid as 150.28 child support for remittance to the person entitled to receive 150.29 the payments. The trustee may also receive property that is 150.30 part of an award for division of marital property. The trustee 150.31 must hold the property in trust to invest and pay over the 150.32 income in the manner the court directs, or to pay over the 150.33 principal sum in the proportions and at the times the court 150.34 orders. In all cases, the court must consider the situation and 150.35 circumstances of the recipient, and the children, if any. The 150.36 trustee must give a bond, as the court requires, for the 151.1 faithful performance of the trust. If it appears that the 151.2 recipient of money ordered to be paid as support will receive 151.3 public assistance, the court must appoint the public authority 151.4 as trustee. 151.5 Subd. 2. [RECORDS.] The trustee must maintain records 151.6 listing the amount of payments, the date when payments are 151.7 required to be made, and the names and addresses of the parties 151.8 affected by the order. 151.9 Subd. 3. [COMMUNICATION.] The parties affected by the 151.10 order must inform the trustee of a change of address or of other 151.11 conditions that may affect the administration of the order. 151.12 Subd. 4. [LATE PAYMENT.] If a required support payment is 151.13 not made within ten days of the due date, the trustee must send 151.14 the obligor notice of the arrears by first-class mail. If 151.15 payment of the sum due is not received by the trustee within ten 151.16 days after sending notice, the trustee must certify the amount 151.17 due to the public authority, whenever that authority is not the 151.18 trustee. If the public authority refers the arrears to the 151.19 county attorney, the county attorney may initiate enforcement 151.20 proceedings against the obligor for support. 151.21 Sec. 55. [517C.66] [OVERPAYMENTS.] 151.22 If child support is not assigned under section 256.741, and 151.23 an obligor has overpaid a child support obligation because of a 151.24 modification or error in the amount owed, the public authority 151.25 must: 151.26 (1) apply the amount of the overpayment to reduce the 151.27 amount of child support arrears or debts owed to the obligee; 151.28 and 151.29 (2) if an overpayment exists after the reduction of arrears 151.30 or debt, reduce the amount of the child support remitted to the 151.31 obligee by an amount no greater than 20 percent of the current 151.32 monthly support obligation and remit this amount to the obligor 151.33 until the overpayment is reduced to zero. 151.34 Sec. 56. [517C.67] [ALTERNATE NOTICE OF COURT ORDER.] 151.35 Whenever this chapter requires service of a court's order 151.36 on an employer, union, or payor of funds, service of a verified 152.1 notice of order may be made in lieu of the order. The verified 152.2 notice must contain the title of the action, the name of the 152.3 court, the court file number, the date of the court order, and 152.4 must recite the operative provisions of the order. 152.5 Sec. 57. [517C.70] [CHILD SUPPORT AND PARENTING TIME ARE 152.6 INDEPENDENT.] 152.7 (a) Failure by a party to make support payments is not a 152.8 defense to: 152.9 (1) interference with parenting time; or 152.10 (2) removing a child from this state without the permission 152.11 of the court or the other parent. 152.12 (b) Interference with parenting time or taking a child from 152.13 this state without permission of the court or the other parent 152.14 is not a defense to nonpayment of support. 152.15 (c) If a party fails to make support payments, interferes 152.16 with parenting time, or removes a child from this state without 152.17 permission of the court or the other parent, the other party may 152.18 petition the court for an appropriate order. 152.19 Sec. 58. [517C.705] [SIX-MONTH REVIEW.] 152.20 A decree or order that establishes child support rights and 152.21 obligations must contain a review date six months after its 152.22 entry according to section 517A.29. 152.23 Sec. 59. [517C.71] [PAYMENT AGREEMENTS.] 152.24 Subdivision 1. [GENERAL REQUIREMENTS.] An obligor who has 152.25 child support arrears may enter into a payment agreement that 152.26 addresses payment of both current and overdue support. Payment 152.27 agreements must: 152.28 (1) be in writing; 152.29 (2) address both current support and arrears; and 152.30 (3) be approved by the district court, a child support 152.31 magistrate, or the public authority. 152.32 Subd. 2. [CONSIDERATIONS.] In proposing or approving 152.33 proposed payment agreements for purposes of this chapter, the 152.34 district court, a child support magistrate, or the public 152.35 authority must take into consideration the amount of the 152.36 arrears, the amount of the current support order, any pending 153.1 request for modification, and the earnings of the obligor. The 153.2 district court, child support magistrate, or public authority 153.3 must consider the individual financial circumstances of each 153.4 obligor in evaluating the obligor's ability to pay a proposed 153.5 payment agreement and must propose a reasonable payment 153.6 agreement tailored to the individual financial circumstances of 153.7 each obligor. The district court, child support magistrate, or 153.8 public authority also must consider a graduated payment plan 153.9 tailored to the individual financial circumstances of each 153.10 obligor. 153.11 Sec. 60. [517C.72] [SEEK EMPLOYMENT ORDERS.] 153.12 Subdivision 1. [COURT ORDER.] (a) When the public 153.13 authority is enforcing a support order, the public authority may 153.14 seek a court order requiring an obligor to seek employment if: 153.15 (1) the obligor's employment cannot be verified; 153.16 (2) the obligor has child support arrears amounting to at 153.17 least three times the obligor's total monthly support payments; 153.18 and 153.19 (3) the obligor is not in compliance with a payment 153.20 agreement. 153.21 (b) Upon proper notice to the obligor, the court may enter 153.22 a seek employment order if it finds that the obligor has not 153.23 provided proof of gainful employment and has not consented to an 153.24 order for income withholding or entered into a payment agreement. 153.25 Subd. 2. [CONTENTS OF ORDER.] The order to seek employment 153.26 must: 153.27 (1) order that the obligor seek employment within a 153.28 determinate amount of time; 153.29 (2) order that the obligor file with the public authority a 153.30 weekly report of at least five new attempts to find employment 153.31 or of having found employment. The report must include the 153.32 names, addresses, and telephone numbers of the employers or 153.33 businesses with whom the obligor attempted to obtain employment 153.34 and the name of the individual contact at each employer or 153.35 business to whom the obligor made application for employment or 153.36 to whom an inquiry was directed; 154.1 (3) notify the obligor that failure to comply with the 154.2 order is evidence of a willful failure to pay support under 154.3 section 517C.74; 154.4 (4) order that the obligor provide the public authority 154.5 with verification of any reason for noncompliance with the 154.6 order; and 154.7 (5) specify the duration of the order, not to exceed three 154.8 months. 154.9 Sec. 61. [517C.73] [ORDER FOR COMMUNITY SERVICES.] 154.10 If the court finds that the obligor earns $400 or less per 154.11 month and does not have the ability to provide support based on 154.12 the guidelines and factors in this chapter, the court may order 154.13 the obligor to perform community services to fulfill the 154.14 obligor's support obligation. In ordering community services 154.15 under this section, the court must consider whether the obligor 154.16 has the physical capability to perform community services, and 154.17 must order community services that are appropriate for the 154.18 obligor's abilities. 154.19 Sec. 62. [517C.74] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 154.20 SUPPORT.] 154.21 Subdivision 1. [GROUNDS.] If a person against whom an 154.22 order or decree for support has been entered under this chapter, 154.23 chapter 256, or a comparable law from another jurisdiction, has 154.24 child support arrears amounting to at least three times the 154.25 obligor's total monthly support obligation and is not in 154.26 compliance with a payment agreement, a court may cite and punish 154.27 a person for contempt under chapter 588 or this section. An 154.28 obligor's failure to comply with a seek employment order entered 154.29 under section 517C.72 is evidence of willful failure to pay 154.30 support. 154.31 Subd. 2. [COURT OPTIONS.] (a) If a court cites a person 154.32 for contempt under this section, and the obligor lives in a 154.33 county that contracts with the commissioner of human services 154.34 under section 256.997, the court may order the performance of 154.35 community service work up to 32 hours per week for six weeks for 154.36 each finding of contempt if the obligor: 155.1 (1) is able to work full time; 155.2 (2) works an average of less than 32 hours per week; and 155.3 (3) has actual weekly gross income averaging less than 40 155.4 times the federal minimum hourly wage under United States Code, 155.5 title 29, section 206(a)(1), or is voluntarily earning less than 155.6 the obligor has the ability to earn, as determined by the court. 155.7 (b) An obligor is presumed to be able to work full time. 155.8 The obligor has the burden of proving inability to work full 155.9 time. 155.10 Subd. 3. [RELEASE.] A person ordered to do community 155.11 service work under subdivision 2 may, during the six-week 155.12 period, apply to the district court, a child support magistrate, 155.13 or the public authority to be released from the community 155.14 service work requirement if the person: 155.15 (1) provides proof to the district court, a child support 155.16 magistrate, or the public authority that the person is gainfully 155.17 employed and submits to an order for income withholding under 155.18 section 517C.52; 155.19 (2) enters into a payment agreement under section 517C.71; 155.20 or 155.21 (3) provides proof to the district court, a child support 155.22 magistrate, or the public authority that, after entry of the 155.23 order, the person's circumstances have so changed that the 155.24 person is no longer able to fulfill the terms of the community 155.25 service order. 155.26 Subd. 4. [CONTINUING OBLIGATIONS.] An obligor's 155.27 performance of community service work does not relieve the 155.28 obligor of a current support obligation or arrears. 155.29 Sec. 63. [517C.745] [SECURITY; SEQUESTRATION; CONTEMPT.] 155.30 (a) In all cases when the court orders support payments, 155.31 the court may require sufficient security to be given for the 155.32 payment of them according to the terms of the order. Upon 155.33 neglect or refusal to give security, or upon failure to pay the 155.34 support, the court may sequester the obligor's personal estate 155.35 and the rents and profits of real estate of the obligor, and 155.36 appoint a receiver of them. The court may cause the personal 156.1 estate and the rents and profits of the real estate to be 156.2 applied according to the terms of the order. 156.3 (b) The obligor is presumed to have an income from a source 156.4 sufficient to pay the support order. A child support order 156.5 constitutes prima facie evidence that the obligor has the 156.6 ability to pay the award. If the obligor disobeys the order, it 156.7 is prima facie evidence of contempt. The court may cite the 156.8 obligor for contempt under this section, section 517C.74, or 156.9 chapter 588. 156.10 Sec. 64. [517C.75] [DRIVER'S LICENSE SUSPENSION.] 156.11 Subdivision 1. [FACTORS WARRANTING SUSPENSION.] An 156.12 obligor's driver's license must be suspended if: 156.13 (1) the obligor has child support arrears amounting to at 156.14 least three times the obligor's total monthly support obligation 156.15 and the obligor is not in compliance with a payment agreement 156.16 under section 517C.71; or 156.17 (2) the obligor has failed, after receiving notice, to 156.18 comply with a subpoena relating to a paternity or child support 156.19 proceeding. 156.20 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon a party's 156.21 motion, the court must order the commissioner of public safety 156.22 to suspend an obligor's driver's license if the court finds that 156.23 a factor in subdivision 1 exists. 156.24 (b) A party must properly serve the motion and there must 156.25 be an opportunity for a hearing pursuant to court rules. If a 156.26 hearing is requested, a party must serve written notice of the 156.27 time and date of the hearing upon the obligor at least 14 days 156.28 before the hearing. The notice must specify the allegations 156.29 against the obligor and inform the obligor that the obligor can 156.30 avoid license suspension by entering into a payment agreement 156.31 under section 517C.71. The notice may be served personally or 156.32 by mail. 156.33 (c) The court's order must be stayed for 90 days in order 156.34 to allow the obligor to enter into a payment agreement under 156.35 section 517C.71. If the obligor has not entered into or is not 156.36 in compliance with a payment agreement under section 517C.71 157.1 after the 90 days expire, the court's order becomes effective 157.2 and the commissioner of public safety must suspend the obligor's 157.3 driver's license. 157.4 (d) An obligee may not make a motion under this section 157.5 within 12 months of a denial of a previous motion under this 157.6 section. 157.7 (e) At a hearing regarding the obligor's failure to comply 157.8 with a subpoena, the only issues to be considered are mistake of 157.9 fact and whether the obligor received the subpoena. 157.10 Subd. 3. [SUSPENSION INITIATED BY THE PUBLIC 157.11 AUTHORITY.] (a) The public authority must direct the 157.12 commissioner of public safety to suspend an obligor's driver's 157.13 license if the public authority determines that a factor in 157.14 subdivision 1 exists. 157.15 (b) At least 90 days before directing the suspension of a 157.16 driver's license the public authority must attempt to notify the 157.17 obligor that it intends to seek suspension and that the obligor 157.18 must request a hearing within 30 days in order to contest the 157.19 suspension. The notice must be in writing and mailed to the 157.20 obligor at the obligor's last known address. 157.21 (c) If the obligor makes a written request for a hearing 157.22 within 30 days, a court hearing must be held. The public 157.23 authority must then make a motion to the court and schedule a 157.24 hearing. The matter must then proceed under subdivision 2. 157.25 (d) If the public authority does not receive a request for 157.26 a hearing within 30 days and the obligor does not enter into a 157.27 payment agreement under section 517C.71 within 90 days of the 157.28 date of the notice, the public authority must direct the 157.29 commissioner of public safety to suspend the obligor's driver's 157.30 license. 157.31 Subd. 4. [FAILURE TO REMAIN IN COMPLIANCE WITH A PAYMENT 157.32 AGREEMENT.] The license of an obligor who fails to remain in 157.33 compliance with a payment agreement under section 517C.71 may be 157.34 suspended. A party or the public authority must serve notice 157.35 upon the obligor of intent to suspend under this subdivision. 157.36 The party or public authority must serve the notice upon the 158.1 obligor by first-class mail at the obligor's last known address 158.2 not less than ten days before the hearing date. The notice must 158.3 include a notice of hearing. If the obligor appears at the 158.4 hearing and the judge determines that the obligor has failed to 158.5 comply with a payment agreement under section 517C.71, the judge 158.6 must notify the department of public safety to suspend the 158.7 obligor's license. If the obligor fails to appear at the 158.8 hearing, the public authority may notify the department of 158.9 public safety to suspend the obligor's license. 158.10 Subd. 5. [REINSTATEMENT.] (a) An obligor whose driver's 158.11 license or operating privileges are suspended may: 158.12 (1) provide proof to the public authority that the obligor 158.13 is in compliance with all payment agreements under section 158.14 517C.71; 158.15 (2) bring a motion for reinstatement of the driver's 158.16 license. At the hearing, the district court or child support 158.17 magistrate must establish a payment agreement under section 158.18 517C.71 if the district court or child support magistrate orders 158.19 reinstatement of the driver's license; or 158.20 (3) seek a limited license under section 171.30. A limited 158.21 license issued to an obligor under section 171.30 expires 90 158.22 days after the date it is issued. 158.23 (b) Within 15 days of the receipt of the proof under 158.24 paragraph (a), clause (1), or a court order, the public 158.25 authority must inform the commissioner of public safety that the 158.26 obligor's driver's license or operating privileges should no 158.27 longer be suspended. 158.28 Subd. 6. [REPORT TO THE LEGISLATURE.] On January 15, 2005, 158.29 and every two years after that, the commissioner of human 158.30 services must submit a report to the legislature that identifies 158.31 the following information relevant to the implementation of this 158.32 section: 158.33 (1) the number of child support obligors notified of an 158.34 intent to suspend a driver's license; 158.35 (2) the amount collected in payments from the child support 158.36 obligors notified of an intent to suspend a driver's license; 159.1 (3) the number of cases paid in full and payment agreements 159.2 executed in response to notification of an intent to suspend a 159.3 driver's license; 159.4 (4) the number of cases in which there has been 159.5 notification and no payments or payment agreements; 159.6 (5) the number of driver's licenses suspended; 159.7 (6) the cost of implementation and operation of the 159.8 requirements of this section; and 159.9 (7) the number of limited licenses issued and number of 159.10 cases in which payment agreements are executed and cases are 159.11 paid in full following issuance of a limited license. 159.12 Sec. 65. [517C.76] [OCCUPATIONAL LICENSE SUSPENSION.] 159.13 Subdivision 1. [FACTORS WARRANTING SUSPENSION.] An 159.14 obligor's occupational license must be suspended if: 159.15 (1) the obligor has child support arrears amounting to at 159.16 least three times the obligor's total monthly support obligation 159.17 and the obligor is not in compliance with a payment agreement 159.18 under section 517C.71; or 159.19 (2) the obligor has failed, after receiving notice, to 159.20 comply with a subpoena relating to a paternity or child support 159.21 proceeding. 159.22 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 159.23 of a party, the court must order a licensing board or agency to 159.24 suspend an obligor's license under section 214.101 if the court 159.25 finds that a factor in subdivision 1 exists. 159.26 (b) The party must properly serve the motion and there must 159.27 be an opportunity for a hearing pursuant to court rules. If a 159.28 hearing is requested, the party must serve the obligor with 159.29 written notice of the hearing time and date at least 14 days 159.30 before the hearing. The notice must specify the allegations 159.31 against the obligor. The party may serve the notice personally 159.32 or by mail. 159.33 (c) The court's order must be stayed for 90 days in order 159.34 to allow the obligor to enter into a payment agreement under 159.35 section 517C.71. If the obligor has not entered into or is not 159.36 in compliance with a payment agreement under section 517C.71 160.1 after the 90 days expire, the court's order becomes effective. 160.2 (d) At a hearing regarding the obligor's failure to comply 160.3 with a subpoena, the only issues to be considered are mistake of 160.4 fact and whether the obligor received the subpoena. 160.5 (e) If the obligor is a licensed attorney, the court must 160.6 report the matter to the lawyer's professional responsibility 160.7 board for appropriate action in accordance with the Rules of 160.8 Professional Conduct. 160.9 Subd. 3. [SUSPENSION INITIATED BY THE PUBLIC 160.10 AUTHORITY.] (a) The public authority must direct a licensing 160.11 board or agency to suspend an obligor's license under section 160.12 214.101 if the public authority determines that the factors in 160.13 subdivision 1 exist. 160.14 (b) At least 90 days before directing the suspension of an 160.15 occupational license, the public authority must attempt to 160.16 notify the obligor that it intends to seek suspension and that 160.17 the obligor must request a hearing within 30 days in order to 160.18 contest the suspension. The notice must be in writing and 160.19 mailed to the obligor at the obligor's last known address. 160.20 (c) If the obligor makes a written request for a hearing 160.21 within 30 days a court hearing must be held. The public 160.22 authority must then make a motion to the court and schedule a 160.23 hearing. The matter must then proceed under subdivision 2. 160.24 (d) If the public authority does not receive a request for 160.25 a hearing within 30 days and the obligor does not execute a 160.26 payment agreement under section 517C.71 within 90 days of the 160.27 date of the notice, the public authority must direct the 160.28 licensing board or agency to suspend the obligor's license. 160.29 (e) If the obligor is a licensed attorney, the public 160.30 authority may report the matter to the lawyer's professional 160.31 responsibility board for appropriate action in accordance with 160.32 the Rules of Professional Conduct. 160.33 Subd. 4. [FAILURE TO REMAIN IN COMPLIANCE WITH AN APPROVED 160.34 PAYMENT AGREEMENT.] The license of an obligor who fails to 160.35 remain in compliance with a payment agreement under section 160.36 517C.71 may be suspended. A party must serve notice upon the 161.1 obligor of an intent to suspend under this subdivision. A party 161.2 must serve the notice by first class mail at the obligor's last 161.3 known address not less than ten days before the date of the 161.4 hearing. The notice must include a notice of hearing. If the 161.5 obligor appears at the hearing and the judge determines that the 161.6 obligor has failed to comply with a payment agreement under 161.7 section 517C.71, the judge must notify the licensing board or 161.8 agency to suspend the obligor's license. If the obligor fails 161.9 to appear at the hearing, the public authority may notify the 161.10 licensing board or agency to suspend the obligor's license. 161.11 Subd. 5. [REINSTATEMENT.] An obligor whose occupational 161.12 license is suspended may provide proof to the public authority 161.13 that the obligor is in compliance with all payment agreements 161.14 under section 517C.71. Within 15 days of the receipt of that 161.15 proof, the public authority must inform the licensing board or 161.16 agency or the lawyer's professional responsibility board that 161.17 the obligor is no longer ineligible for license issuance, 161.18 reinstatement, or renewal under this section. 161.19 Sec. 66. [517C.77] [DATA ON SUSPENSIONS FOR SUPPORT 161.20 ARREARS.] 161.21 Notwithstanding section 13.03, subdivision 4, paragraph 161.22 (c), data on an occupational license suspension under section 161.23 517C.76 or a driver's license suspension under section 517C.75, 161.24 that are transferred by the department of human services to the 161.25 department of public safety or a state, county, or municipal 161.26 occupational licensing agency respectively must have the same 161.27 classification at the department of public safety or other 161.28 receiving agency under section 13.02 as other license suspension 161.29 data held by the receiving agency. The transfer of the data 161.30 does not affect the classification of the data in the hands of 161.31 the department of human services. 161.32 Sec. 67. [517C.78] [RECREATIONAL LICENSE SUSPENSION.] 161.33 Subdivision 1. [MOTION; FACTORS.] (a) An obligee or the 161.34 public authority may bring a motion to suspend the recreational 161.35 license or licenses of an obligor. An obligee or the public 161.36 authority must serve the motion on the obligor in person or by 162.1 first class mail at the obligor's last known address. There 162.2 must be an opportunity for a hearing. The court may direct the 162.3 commissioner of natural resources to suspend or bar receipt of 162.4 the obligor's recreational license or licenses if it finds that: 162.5 (1) the obligor has child support arrears amounting to at 162.6 least six times the obligor's total monthly support payments and 162.7 the obligor is not in compliance with a payment agreement under 162.8 section 517C.71; or 162.9 (2) the obligor has failed, after receiving notice, to 162.10 comply with a subpoena relating to a paternity or child support 162.11 proceeding. 162.12 (b) Before utilizing this section, the court must find that 162.13 other substantial enforcement mechanisms have been attempted but 162.14 have not resulted in compliance. 162.15 Subd. 2. [AFFECTED LICENSES.] For purposes of this 162.16 section, a recreational license includes all licenses, permits, 162.17 and stamps issued centrally by the commissioner of natural 162.18 resources under sections 97B.301, 97B.401, 97B.501, 97B.515, 162.19 97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305. 162.20 Subd. 3. [REINSTATEMENT.] An obligor whose recreational 162.21 license has been suspended or barred may provide proof to the 162.22 court that the obligor is in compliance with all payment 162.23 agreements under section 517C.71. Within 15 days of receipt of 162.24 that proof, the court must notify the commissioner of natural 162.25 resources that the obligor's recreational license or licenses 162.26 must no longer be suspended nor may receipt be barred. 162.27 Sec. 68. [517C.79] [MOTOR VEHICLE LIEN.] 162.28 Subdivision 1. [FACTORS WARRANTING LIEN.] A lien must be 162.29 entered on any motor vehicle certificate of title subsequently 162.30 issued in the name of an obligor if the obligor has child 162.31 support arrears amounting to at least three times the obligor's 162.32 total monthly support obligation and the obligor is not in 162.33 compliance with a payment agreement under section 517C.71. 162.34 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 162.35 of a party, if the court finds that the factors in subdivision 1 162.36 exist, the court must order the commissioner of public safety to 163.1 enter a lien in the name of the obligee or in the name of the 163.2 state of Minnesota, as appropriate, under section 168A.05, 163.3 subdivision 8, on any motor vehicle certificate of title 163.4 subsequently issued in the obligor's name. 163.5 (b) A party must properly serve the motion and there must 163.6 be an opportunity for a hearing pursuant to court rules. If the 163.7 obligor requests a hearing, the party must serve the obligor 163.8 with written notice of the hearing time and date at least 14 163.9 days before the hearing. The notice must specify the 163.10 allegations against the obligor. The party may serve the notice 163.11 personally or by mail. 163.12 (c) The court's order must be stayed for 90 days in order 163.13 to allow the obligor to enter into a payment agreement under 163.14 section 517C.71. If the obligor has not entered into or is not 163.15 in compliance with a payment agreement under section 517C.71 163.16 after the 90 days expires, the court's order becomes effective 163.17 and the commissioner of public safety must record the lien on 163.18 any motor vehicle certificate of title subsequently issued in 163.19 the obligor's name. 163.20 Subd. 3. [LIEN INITIATED BY THE PUBLIC AUTHORITY.] (a) If 163.21 the public authority determines that the factors in subdivision 163.22 1 exist, the public authority must direct the commissioner of 163.23 public safety to enter a lien in the name of the obligee or in 163.24 the name of the state of Minnesota, as appropriate, under 163.25 section 168A.05, subdivision 8, on any motor vehicle certificate 163.26 of title subsequently issued in the obligor's name. 163.27 (b) At least 90 days before directing the entry of a lien 163.28 under this section, the public authority must attempt to notify 163.29 the obligor that it intends to record a lien and that the 163.30 obligor must request a hearing within 30 days in order to 163.31 contest the action. The notice must be in writing and mailed to 163.32 the obligor at the obligor's last known address. 163.33 (c) If the obligor makes a written request for a hearing 163.34 within 30 days a court hearing must be held. The public 163.35 authority must then make a motion to the court and schedule a 163.36 hearing. The matter must then proceed under subdivision 2. 164.1 (d) If the public authority does not receive a request for 164.2 a hearing within 30 days and the obligor does not enter into a 164.3 payment agreement under section 517C.71 within 90 days of the 164.4 date of the notice, the public authority must direct the 164.5 commissioner of public safety to record the lien. 164.6 Subd. 4. [RELEASE.] An obligor may provide proof to the 164.7 court or the public authority that the obligor is in compliance 164.8 with all payment agreements under section 517C.71 or that the 164.9 motor vehicle's value is less than the exemption provided under 164.10 section 550.37. Within 15 days of the receipt of that proof, 164.11 the court or public authority must either: 164.12 (1) execute a release of security interest under section 164.13 168A.20, subdivision 4, and mail or deliver the release to the 164.14 owner or other authorized person; or 164.15 (2) in instances where a lien has not yet been entered, 164.16 direct the commissioner of public safety not to enter a lien on 164.17 any motor vehicle certificate of title subsequently issued in 164.18 the obligor's name. 164.19 Subd. 5. [NONEXEMPT VALUE.] A lien recorded against a 164.20 motor vehicle certificate of title under this section and 164.21 section 168A.05, subdivision 8, attaches only to the nonexempt 164.22 value of the motor vehicle as determined in accordance with 164.23 section 550.37. The value of a motor vehicle must be determined 164.24 in accordance with the retail value described in the National 164.25 Auto Dealers Association Official Used Car Guide, Midwest 164.26 Edition, for the current year, or in accordance with the 164.27 purchase price as defined in section 297B.01, subdivision 8. 164.28 Sec. 69. [517C.80] [PUBLICATION OF NAMES OF DELINQUENT 164.29 CHILD SUPPORT OBLIGORS.] 164.30 Subdivision 1. [MAKING NAMES PUBLIC.] At least once each 164.31 year, the commissioner of human services, in consultation with 164.32 the attorney general, may publish a list of the names and other 164.33 identifying information of no more than 25 persons who: 164.34 (1) are child support obligors; 164.35 (2) are at least $10,000 in arrears; 164.36 (3) are not in compliance with a payment agreement 165.1 regarding both current support and arrears approved by the 165.2 district court, a child support magistrate, or the public 165.3 authority; 165.4 (4) cannot currently be located by the public authority for 165.5 the purposes of enforcing a support order; and 165.6 (5) have not made a support payment except tax intercept 165.7 payments in the preceding 12 months. 165.8 Subd. 2. [IDENTIFYING INFORMATION.] Identifying 165.9 information may include the obligor's name, last known address, 165.10 amount owed, date of birth, photograph, the number of children 165.11 for whom support is owed, and any additional information about 165.12 the obligor that would assist in identifying or locating the 165.13 obligor. The commissioner and attorney general may use posters, 165.14 media presentations, electronic technology, and other means that 165.15 the commissioner and attorney general determine are appropriate 165.16 for dissemination of the information, including publication on 165.17 the Internet. The commissioner and attorney general may make 165.18 any or all of the identifying information regarding these 165.19 persons public. Information regarding an obligor who meets the 165.20 criteria in this section will only be made public after that 165.21 person's selection by the commissioner and attorney general. 165.22 Subd. 3. [NOTICE.] (a) Before making the obligor's name 165.23 public, the department of human services must send a notice to 165.24 the obligor's last known address stating the department's 165.25 intention to make public information on the obligor. The notice 165.26 must also provide an opportunity to have the obligor's name 165.27 removed from the list by paying the arrears or by entering into 165.28 an agreement to pay the arrears, or by providing information to 165.29 the public authority that there is good cause not to make the 165.30 information public. The notice must include the final date when 165.31 the payment or agreement can be accepted. 165.32 (b) The department of human services must obtain the 165.33 obligee's written consent to make the obligor's name public. 165.34 Subd. 4. [NAMES PUBLISHED IN ERROR.] If the commissioner 165.35 makes a name public under subdivision 1 in error, the 165.36 commissioner must also offer to publish a printed retraction and 166.1 a public apology acknowledging that the name was made public in 166.2 error. If the person whose name was made public in error elects 166.3 the public retraction and apology, the retraction and apology 166.4 must appear in the same medium and the same format as the 166.5 original notice where the name was listed in error. In addition 166.6 to the right of a public retraction and apology, a person whose 166.7 name was made public in error has a civil action for damages 166.8 caused by the error. 166.9 Sec. 70. [517C.81] [COLLECTION; ARREARS.] 166.10 Subdivision 1. [COLLECTION OF ARREARS TO CONTINUE AFTER 166.11 CHILD IS EMANCIPATED.] Remedies available for collecting and 166.12 enforcing support in this chapter and chapters 256, 257, and 166.13 518C also apply to cases in which a child for whom support is 166.14 owed is emancipated and the obligor owes past support or has 166.15 accumulated arrears as of the date of the youngest child's 166.16 emancipation. Child support arrears under this section include 166.17 arrears for child support, medical support, child care, 166.18 pregnancy and birth expenses, and unreimbursed medical expenses 166.19 as defined in section 517C.15. 166.20 Subd. 2. [RETROACTIVE APPLICATION.] This section applies 166.21 retroactively to support arrears that accrued on or before the 166.22 date of enactment and to all arrears accruing after the date of 166.23 enactment. 166.24 Subd. 3. [LIMITATIONS.] Past support or pregnancy and 166.25 confinement expenses ordered for which the obligor has specific 166.26 court-ordered terms for repayment may not be enforced using 166.27 drivers' and occupational or professional license suspension, 166.28 credit bureau reporting, and additional income withholding under 166.29 section 517C.60, unless the obligor fails to comply with the 166.30 terms of the court order for repayment. 166.31 Subd. 4. [PAYMENT OF ARREARS.] Absent a court order to the 166.32 contrary, if an arrearage exists at the time a support order 166.33 would otherwise terminate and section 517C.60 does not apply, 166.34 the obligor must repay the arrearage in an amount equal to the 166.35 current support order until all arrears have been paid in full. 166.36 Subd. 5. [PAYMENT AGREEMENT.] If arrears exist according 167.1 to a support order which fails to establish a monthly support 167.2 obligation in a specific dollar amount, the public authority, if 167.3 it provides child support collection services, or the obligee 167.4 may establish a payment agreement. The payment agreement must 167.5 equal what the obligor would pay for current child support, plus 167.6 an additional 20 percent of the current child support 167.7 obligation, until all arrears are paid in full. If the obligor 167.8 fails to enter into or comply with a payment agreement, the 167.9 public authority, if it provides child support collection 167.10 services, or the obligee may file a motion in district court or 167.11 the expedited child support process, if section 484.702 applies, 167.12 for a court order establishing repayment terms. 167.13 Sec. 71. [517C.82] [COLLECTION; REVENUE RECAPTURE.] 167.14 The public authority may submit debt under chapter 270A 167.15 only if the obligor is in arrears in court-ordered child support 167.16 or maintenance payments, or both, in an amount greater than the 167.17 obligor's total monthly support and maintenance payments or if 167.18 the debt has been entered and docketed as a judgment. 167.19 Sec. 72. [517C.83] [CASE REVIEWER.] 167.20 The commissioner must make a case reviewer available to 167.21 obligors and obligees. The reviewer must be available to answer 167.22 questions concerning the collection process and to review the 167.23 collection activity taken. A reviewer who reasonably believes 167.24 that a particular action being taken is unreasonable or unfair 167.25 may make recommendations to the commissioner and the applicable 167.26 county in regard to the collection action. 167.27 Sec. 73. [517C.84] [ATTORNEY FEES; COLLECTION COSTS.] 167.28 Subdivision 1. [GENERAL.] (a) A child support obligee is 167.29 entitled to recover from the obligor reasonable attorney fees 167.30 and other collection costs incurred to enforce a child support 167.31 judgment, as provided in this section. 167.32 (b) In order to recover collection costs under this 167.33 section, the arrears must be at least $500 and must be at least 167.34 90 days past due. In addition, the arrears must be a docketed 167.35 judgment under sections 548.09 and 548.091. 167.36 (c) If the obligor pays in full the judgment rendered under 168.1 section 548.091 within 20 days of receipt of notice of entry of 168.2 judgment, the obligee is not entitled to recover attorney fees 168.3 or collection costs under this section. 168.4 Subd. 2. [ENFORCEMENT.] Attorney fees and collection costs 168.5 obtained under this section are considered child support and 168.6 entitled to the applicable remedies for child support collection 168.7 and enforcement. 168.8 Subd. 3. [NOTICE TO PUBLIC AUTHORITY.] If the public 168.9 authority is a party to a case, an obligee must provide written 168.10 notice to the public authority within five days of: 168.11 (1) contracting with an attorney or collection entity to 168.12 enforce a child support judgment; or 168.13 (2) receipting payments received on a child support 168.14 judgment. 168.15 Subd. 4. [NOTICE TO OBLIGOR; HEARING.] (a) The obligee 168.16 must serve notice of the obligee's intent to recover attorney 168.17 fees and collection costs by certified or registered mail on the 168.18 obligor at the obligor's last known address. The notice must 168.19 itemize the attorney fees and collection costs being sought by 168.20 the obligee. It must inform the obligor that the fees and costs 168.21 will become an additional judgment for child support unless, 168.22 within 20 days of mailing of the notice, the obligor requests a 168.23 hearing: 168.24 (1) on the reasonableness of the fees and costs; or 168.25 (2) to contest the child support judgment on grounds 168.26 limited to mistake of fact. 168.27 (b) If the obligor requests a hearing, the only issues to 168.28 be determined by the court are: 168.29 (1) whether the attorney fees or collection costs were 168.30 reasonably incurred by the obligee for the enforcement of a 168.31 child support judgment against the obligor; or 168.32 (2) the validity of the child support judgment on grounds 168.33 limited to mistake of fact. 168.34 (c) The fees and costs may not exceed 30 percent of the 168.35 arrears. The court may modify the amount of attorney fees and 168.36 costs as appropriate and must enter judgment accordingly. 169.1 (d) If the obligor fails to request a hearing within 20 169.2 days of mailing of the notice under paragraph (a), the amount of 169.3 the attorney fees or collection costs requested by the obligee 169.4 in the notice automatically becomes an additional judgment for 169.5 child support. 169.6 Subd. 5. [FORMS.] The commissioner of human services must 169.7 prepare and make available to the court and the parties forms 169.8 for use in providing for notice and requesting a hearing under 169.9 this section. 169.10 Sec. 74. [517C.99] [REQUIRED NOTICES.] 169.11 Subdivision 1. [REQUIREMENT.] Every court order or 169.12 judgment and decree that provides for child support, spousal 169.13 maintenance, custody, or parenting time must contain certain 169.14 notices as set out in subdivision 3. The information in the 169.15 notices must be concisely stated in plain language. The notices 169.16 must be in clearly legible print, but may not exceed two pages. 169.17 An order or judgment and decree without the notice remains 169.18 subject to all statutes. The court may waive all or part of the 169.19 notice required under subdivision 3 relating to parental rights 169.20 if it finds it is necessary to protect the welfare of a party or 169.21 child. 169.22 Subd. 2. [COPIES OF LAWS AND FORMS.] The district court 169.23 administrator must make copies of the sections referred to in 169.24 subdivision 3 available at no charge and must provide forms to 169.25 request or contest attorney fees, collection costs, and 169.26 cost-of-living increases. 169.27 Subd. 3. [CONTENTS.] The required notices must be 169.28 substantially as follows: 169.29 IMPORTANT NOTICE 169.30 1. PAYMENTS TO PUBLIC AGENCY 169.31 According to Minnesota Statutes, section 517C.35, payments 169.32 ordered for maintenance and support must be paid to the 169.33 public agency responsible for child support enforcement as 169.34 long as the person entitled to receive the payments is 169.35 receiving or has applied for public assistance or has 169.36 applied for support and maintenance collection services. 170.1 MAIL PAYMENTS TO: 170.2 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 170.3 FELONY 170.4 A person may be charged with a felony who conceals a minor 170.5 child or takes, obtains, retains, or fails to return a 170.6 minor child from or to the child's parent (or person with 170.7 custodial or visitation rights), according to Minnesota 170.8 Statutes, section 609.26. A copy of that section is 170.9 available from any district court clerk. 170.10 3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 170.11 A person who fails to pay court-ordered child support or 170.12 maintenance may be charged with a crime, which may include 170.13 misdemeanor, gross misdemeanor, or felony charges, 170.14 according to Minnesota Statutes, section 609.375. A copy 170.15 of that section is available from any district court clerk. 170.16 4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 170.17 (a) Payment of support or spousal maintenance is to be as 170.18 ordered, and the giving of gifts or making purchases of 170.19 food, clothing, and the like will not fulfill the 170.20 obligation. 170.21 (b) Payment of support must be made as it becomes due, and 170.22 failure to secure or denial of parenting time is NOT an 170.23 excuse for nonpayment, but the aggrieved party must seek 170.24 relief through a proper motion filed with the court. 170.25 (c) Nonpayment of support is not grounds to deny parenting 170.26 time. The party entitled to receive support may apply for 170.27 support and collection services, file a contempt motion, or 170.28 obtain a judgment as provided in Minnesota Statutes, 170.29 section 548.091. 170.30 (d) The payment of support or spousal maintenance takes 170.31 priority over payment of debts and other obligations. 170.32 (e) A party who accepts additional obligations of support 170.33 does so with the full knowledge of the party's prior 170.34 obligation under this proceeding. 170.35 (f) Child support or maintenance is based on annual income, 170.36 and it is the responsibility of a person with seasonal 171.1 employment to budget income so that payments are made 171.2 throughout the year as ordered. 171.3 (g) If the obligor is laid off from employment or receives 171.4 a pay reduction, support may be reduced, but only if the 171.5 obligor serves and files a motion to reduce the support 171.6 with the court. Any reduction will take effect only if 171.7 ordered by the court and may only relate back to the time 171.8 that the obligor files a motion. If the obligor does not 171.9 file a motion, the support obligation will continue at the 171.10 current level. The court is not permitted to reduce 171.11 support retroactively, except as provided in Minnesota 171.12 Statutes, section 517C.29. 171.13 (h) Reasonable parenting time guidelines are contained in 171.14 Appendix B, which is available from the court administrator. 171.15 (i) The nonpayment of support may be enforced through the 171.16 denial of student grants; interception of state and federal 171.17 tax refunds; suspension of driver's, recreational, and 171.18 occupational licenses; referral to the department of 171.19 revenue or private collection agencies; seizure of assets, 171.20 including bank accounts and other assets held by financial 171.21 institutions; reporting to credit bureaus; interest 171.22 charging, income withholding, and contempt proceedings; and 171.23 other enforcement methods allowed by law. 171.24 5. PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 171.25 Unless otherwise provided by the court: 171.26 (a) Each party has the right of access to, and to receive 171.27 copies of, school, medical, dental, religious training, and 171.28 other important records and information about the minor 171.29 child. Each party has the right of access to information 171.30 regarding health or dental insurance available to the minor 171.31 child. Presentation of a copy of this order to the 171.32 custodian of a record or other information about the minor 171.33 child constitutes sufficient authorization for the release 171.34 of the record or information to the requesting party. 171.35 (b) Each party must keep the other informed as to the name 171.36 and address of the school of attendance of the minor 172.1 child. Each party has the right to be informed by school 172.2 officials about the child's welfare, educational progress 172.3 and status, and to attend school and parent teacher 172.4 conferences. The school is not required to hold a separate 172.5 conference for each party. 172.6 (c) In case of an accident or serious illness of a minor 172.7 child, each party must notify the other party of the 172.8 accident or illness, and the name of the health care 172.9 provider and the place of treatment. 172.10 (d) Each party has the right of reasonable access and 172.11 telephone contact with the minor child. 172.12 6. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 172.13 Child support and/or spousal maintenance may be withheld 172.14 from income, with or without notice to the person obligated 172.15 to pay, when the conditions of Minnesota Statutes, sections 172.16 517C.52 to 517C.62, have been met. A copy of those 172.17 sections is available from any district court clerk. 172.18 7. CHANGE OF ADDRESS OR RESIDENCE 172.19 Unless otherwise ordered, each party must notify the other 172.20 party, the court, and the public authority responsible for 172.21 collection, if applicable, of the following information 172.22 within ten days of any change: the residential and mailing 172.23 address, telephone number, driver's license number, social 172.24 security number, and name, address, and telephone number of 172.25 the employer. 172.26 8. COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 172.27 Child support and/or spousal maintenance may be adjusted 172.28 every two years based upon a change in the cost of living 172.29 (using Department of Labor Consumer Price Index .........., 172.30 unless otherwise specified in this order) when the 172.31 conditions of Minnesota Statutes, section 517C.31, are met. 172.32 Cost-of-living increases are compounded. A copy of 172.33 Minnesota Statutes, section 517C.31, and forms necessary to 172.34 request or contest a cost-of-living increase are available 172.35 from any district court clerk. 172.36 9. JUDGMENTS FOR UNPAID SUPPORT 173.1 If a person fails to make a child support payment, the 173.2 payment owed becomes a judgment against the person 173.3 responsible to make the payment by operation of law on or 173.4 after the date the payment is due, and the person entitled 173.5 to receive the payment or the public agency may obtain 173.6 entry and docketing of the judgment WITHOUT NOTICE to the 173.7 person responsible to make the payment under Minnesota 173.8 Statutes, section 548.091. Interest begins to accrue on a 173.9 payment or installment of child support whenever the unpaid 173.10 amount due is greater than the current support due, 173.11 according to Minnesota Statutes, section 548.091, 173.12 subdivision 1a. 173.13 10. JUDGMENTS FOR UNPAID SPOUSAL MAINTENANCE 173.14 A judgment for unpaid spousal maintenance may be entered 173.15 when the conditions of Minnesota Statutes, section 548.091, 173.16 are met. A copy of that section is available from any 173.17 district court clerk. 173.18 11. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 173.19 SUPPORT 173.20 A judgment for attorney fees and other collection costs 173.21 incurred in enforcing a child support order will be entered 173.22 against the person responsible to pay support when the 173.23 conditions of Minnesota Statutes, section 517C.84, are 173.24 met. A copy of Minnesota Statutes, section 517C.84, and 173.25 forms necessary to request or contest these attorney fees 173.26 and collection costs are available from any district court 173.27 clerk. 173.28 12. PARENTING TIME EXPEDITOR PROCESS 173.29 On request of either party or on its own motion, the court 173.30 may appoint a parenting time expeditor to resolve parenting 173.31 time disputes under Minnesota Statutes, section 517B.28. A 173.32 copy of that section and a description of the expeditor 173.33 process is available from any district court clerk. 173.34 13. PARENTING TIME REMEDIES AND PENALTIES 173.35 Remedies and penalties for the wrongful denial of parenting 173.36 time are available under Minnesota Statutes, section 174.1 517B.27, subdivision 7. These include compensatory 174.2 parenting time, civil penalties, bond requirements, 174.3 contempt, and reversal of custody. A copy of that 174.4 subdivision and forms for requesting relief are available 174.5 from any district court clerk. 174.6 Sec. 75. [REVISOR'S INSTRUCTION.] 174.7 The revisor of statutes must correct internal 174.8 cross-references to sections that are now in Minnesota Statutes, 174.9 chapter 517C, throughout Minnesota Statutes and Minnesota Rules. 174.10 Sec. 76. [REPEALER.] 174.11 Minnesota Statutes 2002, sections 518.111; 518.171, 174.12 subdivisions 1, 2, 2a, 3, 4, 4a, 5, 6, 7, 8, 9, and 10; 518.255; 174.13 518.54, subdivisions 2, 4a, 13, and 14; 518.551; 518.5513; 174.14 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 518.5853; 174.15 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617; 518.618; 174.16 518.6195; and 518.6196, are repealed. 174.17 Sec. 77. [EFFECTIVE DATE.] 174.18 This act is effective July 1, 2003.