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Minnesota Legislature

Office of the Revisor of Statutes

SF 3199

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to family law; changing certain custody, paternity, adoption, child
support, medical support, and maintenance provisions; changing a family court
appeal provision; correcting an effective date; amending Minnesota Statutes
2004, sections 257.55, subdivision 1; 257.57, subdivision 2; 257.62, subdivision
5; 257C.03, subdivision 7; 259.58; 484.65, subdivision 9; 518.1705, subdivision
7; 518.175, subdivisions 1, 3; 518.18; 518.551, subdivision 6, by adding a
subdivision; 518.5513, subdivision 3; 518.58, subdivision 4; Minnesota Statutes
2005 Supplement, sections 259.24, subdivision 6a; 518.005, subdivision 6; Laws
2005, chapter 164, sections 4; 5; 8; 10; 11; 14; 15; 16; 17, subdivision 1; 18;
20; 21; 22, subdivisions 2, 3, 4, 16, 17, 18; 23, subdivisions 1, 2; 24; 25; 26,
subdivision 2, as amended; 31; 32; 2006 H.F. No. 2656, article 5, section 48,
if enacted; proposing coding for new law in Minnesota Statutes, chapters 257;
518; repealing Minnesota Statutes 2004, section 518.54, subdivision 6; Laws
2005, chapter 164, section 12.

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

Section 1.

new text begin[257.026] NOTIFICATION OF RESIDENCE WITH CERTAIN
CONVICTED PERSONS.
new text end

new text beginA person who is granted or exercises custody of a child or parenting time with a
child under this chapter or chapter 518 must notify the child's other parent, if any, the
county social services agency, and the court that granted the custody or parenting time, if
the person knowingly marries or lives in the same residence with a person who has been
convicted of a crime listed in section 518.179, subdivision 2.
new text end

Sec. 2.

Minnesota Statutes 2004, section 257.55, subdivision 1, is amended to read:


Subdivision 1.

Presumption.

A man is presumed to be the biological father of
a child if:

(a) He and the child's biological mother are or have been married to each other and
the child is born during the marriage, or within 280 days after the marriage is terminated
by death, annulment, declaration of invalidity, dissolution, or divorce, or after a decree of
legal separation is entered by a court. The presumption in this paragraph does not apply if
the man has joined in a recognition of parentage recognizing another man as the biological
father under section 257.75, subdivision 1a;

(b) Before the child's birth, he and the child's biological mother have attempted to
marry each other by a marriage solemnized in apparent compliance with law, although the
attempted marriage is or could be declared void, voidable, or otherwise invalid, and,

(1) if the attempted marriage could be declared invalid only by a court, the child
is born during the attempted marriage, or within 280 days after its termination by death,
annulment, declaration of invalidity, dissolution or divorce; or

(2) if the attempted marriage is invalid without a court order, the child is born within
280 days after the termination of cohabitation;

(c) After the child's birth, he and the child's biological mother have married, or
attempted to marry, each other by a marriage solemnized in apparent compliance with
law, although the attempted marriage is or could be declared void, voidable, or otherwise
invalid, and,

(1) he has acknowledged his paternity of the child in writing filed with the state
registrar of vital statistics;

(2) with his consent, he is named as the child's father on the child's birth record; or

(3) he is obligated to support the child under a written voluntary promise or by
court order;

(d) While the child is under the age of majority, he receives the child into his home
and openly holds out the child as his biological child;

(e) He and the child's biological mother acknowledge his paternity of the child in a
writing signed by both of them under section 257.34 and filed with the state registrar of
vital statistics. If another man is presumed under this paragraph to be the child's father,
acknowledgment may be effected only with the written consent of the presumed father or
after the presumption has been rebutted;

(f) deleted text beginEvidence of statistical probability of paternity based on blood or genetic testing
establishes the likelihood that he is the father of the child, calculated with a prior
probability of no more than 0.5 (50 percent), is 99 percent or greater;
deleted text end

deleted text begin(g) deleted text end He and the child's biological mother have executed a recognition of parentage
in accordance with section 257.75 and another man is presumed to be the father under
this subdivision;

deleted text begin(h) deleted text endnew text begin(g) new text endHe and the child's biological mother have executed a recognition of parentage
in accordance with section 257.75 and another man and the child's mother have executed
a recognition of parentage in accordance with section 257.75; or

deleted text begin(i) deleted text endnew text begin(h) new text endHe and the child's biological mother executed a recognition of parentage in
accordance with section 257.75 when either or both of the signatories were less than
18 years of age.

Sec. 3.

Minnesota Statutes 2004, section 257.57, subdivision 2, is amended to read:


Subd. 2.

Actions under other paragraphs of section 257.55, subdivision 1.

The
child, the mother, or personal representative of the child, the public authority chargeable
by law with the support of the child, the personal representative or a parent of the mother
if the mother has died or is a minor, a man alleged or alleging himself to be the father, or
the personal representative or a parent of the alleged father if the alleged father has died or
is a minor may bring an action:

(1) at any time for the purpose of declaring the existence of the father and child
relationship presumed under deleted text beginsection deleted text end new text beginsections new text end257.55, subdivision 1, paragraph (d), (e),
deleted text begin (f),deleted text end (g), or (h), new text beginand 257.62, subdivision 5, paragraph (b), new text endor the nonexistence of the father
and child relationship presumed under new text beginsection 257.55, subdivision 1, new text endclause (d) deleted text beginof that
subdivision
deleted text end;

(2) for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is
brought within six months after the person bringing the action obtains the results of blood
or genetic tests that indicate that the presumed father is not the father of the child;

(3) for the purpose of declaring the nonexistence of the father and child relationship
presumed under section deleted text begin257.55, subdivision 1, paragraph (f) deleted text endnew text begin257.62, subdivision 5,
paragraph (b)
new text end, only if the action is brought within three years after the party bringing
the action, or the party's attorney of record, has been provided the blood or genetic test
results; or

(4) for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.75, subdivision 9, only if the action is brought by the minor
signatory within six months after the minor signatory reaches the age of 18. In the case of
a recognition of parentage executed by two minor signatories, the action to declare the
nonexistence of the father and child relationship must be brought within six months after
the youngest signatory reaches the age of 18.

Sec. 4.

Minnesota Statutes 2004, section 257.62, subdivision 5, is amended to read:


Subd. 5.

Positive test results.

(a) If the results of blood or genetic tests completed
in a laboratory accredited by the American Association of Blood Banks indicate that
the likelihood of the alleged father's paternity, calculated with a prior probability of no
more than 0.5 (50 percent), is 92 percent or greater, upon motion the court shall order the
alleged father to pay temporary child support determined according to chapter 518. The
alleged father shall pay the support money to the public authority if the public authority is
a party and is providing services to the parties or, if not, into court pursuant to the Rules of
Civil Procedure to await the results of the paternity proceedings.

(b) If the results of blood or genetic tests completed in a laboratory accredited by
the American Association of Blood Banks indicate that likelihood of the alleged father's
paternity, calculated with a prior probability of no more than 0.5 (50 percent), is 99 percent
or greater, new text beginthere is an evidentiary presumption that new text endthe alleged father is deleted text beginpresumed to bedeleted text end the
deleted text begin parent deleted text end new text beginbiological father new text endand the party opposing the establishment of the alleged father's
paternity has the burden of proving by clear and convincing evidence that the alleged
father is not the father of the child.

new text begin(c) A determination under this subdivision that the alleged father is the biological
father does not preclude the adjudication of another man as the legal father under section
257.55, subdivision 2, nor does it allow the donor of genetic material for assisted
reproduction for the benefit of a recipient parent, whether sperm or ovum (egg), to claim
to be the child's biological or legal parent.
new text end

Sec. 5.

Minnesota Statutes 2004, section 257C.03, subdivision 7, is amended to read:


Subd. 7.

Interested third party; burden of proof; factors.

(a) To establish that an
individual is an interested third party, the individual must:

(1) show by clear and convincing evidence that one of the following factors exist:

(i) the parent has abandoned, neglected, or otherwise exhibited disregard for the
child's well-being to the extent that the child will be harmed by living with the parent;

(ii) placement of the child with the individual takes priority over preserving the
day-to-day parent-child relationship because of the presence of physical or emotional
danger to the child, or both; or

(iii) other extraordinary circumstances; deleted text beginand
deleted text end

(2) prove by a preponderance of the evidence that it is in the best interests of the
child to be in the custody of the interested third partynew text begin; andnew text end

new text begin(3) show by clear and convincing evidence that granting the petition would not
violate section 518.179, subdivision 1a
new text end.

(b) The following factors must be considered by the court in determining an
interested third party's petition:

(1) the amount of involvement the interested third party had with the child during
the parent's absence or during the child's lifetime;

(2) the amount of involvement the parent had with the child during the parent's
absence;

(3) the presence or involvement of other interested third parties;

(4) the facts and circumstances of the parent's absence;

(5) the parent's refusal to comply with conditions for retaining custody set forth
in previous court orders;

(6) whether the parent now seeking custody was previously prevented from doing so
as a result of domestic violence;

(7) whether a sibling of the child is already in the care of the interested third party;
and

(8) the existence of a standby custody designation under chapter 257B.

(c) In determining the best interests of the child, the court must apply the standards
in section 257C.04.

Sec. 6.

Minnesota Statutes 2005 Supplement, section 259.24, subdivision 6a, is
amended to read:


Subd. 6a.

Withdrawal of consent.

Except for consents executed under section
260C.201, subdivision 11, a parent's consent to adoption may be withdrawn for any
reason within ten working days after the consent is executed and acknowledged. Written
notification of withdrawal of consent must be received by the agency to which the
child was surrendered no later than the tenth working day after the consent is executed
and acknowledged. On the day following the tenth working day after execution and
acknowledgment, the consent shall become irrevocable, except upon order of a court
of competent jurisdiction after written findings that consent was obtained by fraud. A
consent to adopt executed under section 260C.201, subdivision 11, is irrevocable upon
proper notice to both parents of the effect of a consent to adopt and acceptance by the
court, except upon order of the same court after written findings that the consent was
obtained by fraud. new text beginA consent to adopt executed under section 260C.201, subdivision 11,
is irrevocable upon proper notice to both parents of the effect of a consent to adopt and
acceptance by the court, except upon order of the same court after written findings that the
consent was obtained by fraud.
new text endIn proceedings to determine the existence of fraud, the
adoptive parents and the child shall be made parties. The proceedings shall be conducted
to preserve the confidentiality of the adoption process. There shall be no presumption in
the proceedings favoring the birth parents over the adoptive parents.

Sec. 7.

Minnesota Statutes 2004, section 259.58, is amended to read:


259.58 COMMUNICATION OR CONTACT AGREEMENTS.

Adoptive parents and a birth relative or foster parents may enter an agreement
regarding communication with or contact between an adopted minor, adoptive parents, and
a birth relative or foster parents under this section. An agreement may be entered between:

(1) adoptive parents and a birth parent;

(2) adoptive parents and any other birth relative or foster parent with whom the child
resided before being adopted; or

(3) adoptive parents and any other birth relative if the child is adopted by a birth
relative upon the death of both birth parents.

For purposes of this section, "birth relative" means a parent, stepparent, grandparent,
brother, sister, uncle, or aunt of a minor adoptee. This relationship may be by blood,
adoption, or marriage. For an Indian child, birth relative includes members of the extended
family as defined by the law or custom of the Indian child's tribe or, in the absence of laws
or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child
Welfare Act, United States Code, title 25, section 1903.

(a) An agreement regarding communication with or contact between minor adoptees,
adoptive parents, and a birth relative is not legally enforceable unless the terms of the
agreement are contained in a written court order entered in accordance with this section.
An order may be sought at any time before a decree of adoption is granted. The order
must be issued within 30 days of being submitted to the court or by the granting of the
decree of adoption, whichever is earlier. The court shall not enter a proposed order unless
the terms of the order have been approved in writing by the prospective adoptive parents,
a birth relative or foster parent who desires to be a party to the agreement, and, if the child
is in the custody of or under the guardianship of an agency, a representative of the agency.
A birth parent must approve in writing of an agreement between adoptive parents and any
other birth relative or foster parent, unless an action has been filed against the birth parent
by a county under chapter 260. An agreement under this section need not disclose the
identity of the parties to be legally enforceable. The court shall not enter a proposed order
unless the court finds that the communication or contact between the minor adoptee, the
adoptive parents, and a birth relative as agreed upon and contained in the proposed order
would be in the minor adoptee's best interests. The court shall mail a certified copy of
the order to the parties to the agreement or their representatives at the addresses provided
by the petitioners.

(b) Failure to comply with the terms of an agreed order regarding communication or
contact that has been entered by the court under this section is not grounds for:

(1) setting aside an adoption decree; or

(2) revocation of a written consent to an adoption after that consent has become
irrevocable.

(c) An agreed order entered under this section may be enforced by filing a petition
or motion with the family court that includes a certified copy of the order granting the
communication, contact, or visitation, but only if the petition or motion is accompanied by
an affidavit that the parties have mediated or attempted to mediate any dispute under the
agreement or that the parties agree to a proposed modification. The prevailing party may
be awarded reasonable attorney's fees and costs. The court shall not modify an agreed
order under this section unless it finds that the modification is necessary to serve the
best interests of the minor adoptee, and:

(1) the modification is agreed to by the parties to the agreement; or

(2) exceptional circumstances have arisen since the agreed order was entered that
justify modification of the order.

new text begin(d) For children under state guardianship when there is a written communication
or contact agreement between prospective adoptive parents and birth relatives other than
birth parents it must be included in the final adoption decree unless all the parties agree to
omit it. If the adoptive parents or birth relatives do not comply with the communication
or contact agreement, the court shall determine the terms of the communication and
contact agreement.
new text end

Sec. 8.

Minnesota Statutes 2004, section 484.65, subdivision 9, is amended to read:


Subd. 9.

Referees; deleted text beginreviewdeleted text endnew text begin appealnew text end.

All recommended orders and findings of
a referee shall be subject to confirmation by said district court judge. deleted text beginReview of any
recommended order or finding of a referee by the district court judge may be had by
notice served and filed within ten days of effective notice of such recommended order or
finding. The notice of review shall specify the grounds for such review and the specific
provisions of the recommended findings or orders disputed, and said district court judge,
upon receipt of such notice of review, shall set a time and place for such review hearing.
deleted text endnew text begin
Fourth Judicial District Family Court referee orders and decrees may be appealed directly
to the Court of Appeals in the same manner as judicial orders and decrees. The time for
appealing an appealable referee order runs from service by any party of written notice of
the filing of the confirmed order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2005 Supplement, section 518.005, subdivision 6, is
amended to read:


Subd. 6.

Filing fee.

The deleted text begininitial pleadingdeleted text endnew text begin first papernew text end filed new text beginfor a party new text endin all
proceedings for dissolution of marriage, legal separation, or annulment or proceedings
to establish child support obligations shall be accompanied by a filing fee of $50. The
fee is in addition to any other prescribed by law or rule.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 10.

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


Subd. 7.

Moving the child to another state.

Parents may agreedeleted text begin, but the court must
not require, that in a parenting plan the factors in section 518.17 or 257.025, as applicable,
deleted text endnew text begin upon the legal standard that new text endwill govern a decision concerning removal of a child's
residence from this state, provided that:

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

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

Sec. 11.

Minnesota Statutes 2004, section 518.175, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) In all proceedings for dissolution or legal separation,
subsequent to the commencement of the proceeding and continuing thereafter during
the minority of the child, the court shall, upon the request of either parent, grant such
parenting time on behalf of the child and a parent as will enable the child and the parent to
maintain a child to parent relationship that will be in the best interests of the child.

If the court finds, after a hearing, that parenting time with a parent is likely to
endanger the child's physical or emotional health or impair the child's emotional
development, the court shall restrict parenting time with that parent as to time, place,
duration, or supervision and may deny parenting time entirely, as the circumstances
warrant. The court shall consider the age of the child and the child's relationship with
the parent prior to the commencement of the proceeding.

A parent's failure to pay support because of the parent's inability to do so shall not
be sufficient cause for denial of parenting time.

(b) The court may provide that a law enforcement officer or other appropriate person
will accompany a party seeking to enforce or comply with parenting time.

(c) Upon request of either party, to the extent practicable an order for parenting
time must include a specific schedule for parenting time, including the frequency and
duration of visitation and visitation during holidays and vacations, unless parenting time
is restricted, denied, or reserved.

(d) The court administrator shall provide a form for a pro se motion regarding
parenting time disputes, which includes provisions for indicating the relief requested, an
affidavit in which the party may state the facts of the dispute, and a brief description of
the parenting time expeditor process under section 518.1751. The form may not include
a request for a change of custody. The court shall provide instructions on serving and
filing the motion.

new text begin (e) In the absence of other evidence, there is a rebuttable presumption that a parent is
entitled to receive at least 25 percent of the parenting time for the child. For purposes of
this paragraph, the percentage of parenting time may be determined by calculating the
number of overnights that a child spends with a parent or by using a method other than
overnights if the parent has significant time periods on separate days when the child is in
the parent's physical custody but does not stay overnight. The court may consider the age
of the child in determining whether a child is with a parent for a significant period of time.
new text end

Sec. 12.

Minnesota Statutes 2004, section 518.175, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) In all proceedings for dissolution or legal separation,
subsequent to the commencement of the proceeding and continuing thereafter during
the minority of the child, the court shall, upon the request of either parent, grant such
parenting time on behalf of the child and a parent as will enable the child and the parent to
maintain a child to parent relationship that will be in the best interests of the child.

If the court finds, after a hearing, that parenting time with a parent is likely to
endanger the child's physical or emotional health or impair the child's emotional
development, the court shall restrict parenting time with that parent as to time, place,
duration, or supervision and may deny parenting time entirely, as the circumstances
warrant. The court shall consider the age of the child and the child's relationship with
the parent prior to the commencement of the proceeding.

A parent's failure to pay support because of the parent's inability to do so shall not
be sufficient cause for denial of parenting time.

(b) The court may provide that a law enforcement officer or other appropriate person
will accompany a party seeking to enforce or comply with parenting time.

(c) Upon request of either party, to the extent practicable an order for parenting
time must include a specific schedule for parenting time, including the frequency and
duration of visitation and visitation during holidays and vacations, unless parenting time
is restricted, denied, or reserved.

(d) The court administrator shall provide a form for a pro se motion regarding
parenting time disputes, which includes provisions for indicating the relief requested, an
affidavit in which the party may state the facts of the dispute, and a brief description of
the parenting time expeditor process under section 518.1751. The form may not include
a request for a change of custody. The court shall provide instructions on serving and
filing the motion.

new text begin (e) In the absence of other evidence, there is a rebuttable presumption that a parent is
entitled to receive at least 25 percent of the parenting time for the child. For purposes of
this paragraph, the percentage of parenting time may be determined by calculating the
number of overnights that a child spends with a parent or by using a method other than
overnights if the parent has significant time periods on separate days when the child is in
the parent's physical custody but does not stay overnight. The court may consider the age
of the child in determining whether a child is with a parent for a significant period of time.
new text end

Sec. 13.

Minnesota Statutes 2004, section 518.175, subdivision 3, is amended to read:


Subd. 3.

Move to another state.

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

new text begin(b) The court shall apply a best interests standard when considering the request of
the parent with whom the child resides to move the child's residence to another state.
The factors the court must consider in determining the child's best interests include, but
are not limited to:
new text end

new text begin(1) the nature, quality, extent of involvement, and duration of the child's relationship
with the person proposing to relocate and with the nonrelocating person, siblings, and
other significant persons in the child's life;
new text end

new text begin(2) the age, developmental stage, needs of the child, and the likely impact the
relocation will have on the child's physical, educational, and emotional development,
taking into consideration special needs of the child;
new text end

new text begin(3) the feasibility of preserving the relationship between the nonrelocating person
and the child through suitable parenting time arrangements, considering the logistics
and financial circumstances of the parties;
new text end

new text begin(4) the child's preference, taking into consideration the age and maturity of the child;
new text end

new text begin(5) whether there is an established pattern of conduct of the person seeking the
relocation either to promote or thwart the relationship of the child and the nonrelocating
person;
new text end

new text begin(6) whether the relocation of the child will enhance the general quality of the life for
both the custodial parent seeking the relocation and the child including, but not limited to,
financial or emotional benefit or educational opportunity;
new text end

new text begin(7) the reasons of each person for seeking or opposing the relocation; and
new text end

new text begin(8) the effect on the safety and welfare of the child, or of the parent requesting to
move the child's residence, of domestic abuse, as defined in section 518B.01.
new text end

new text begin(c) The burden of proof is upon the parent requesting to move the residence of the
child to another state, except that if the court finds that the person requesting permission
to move has been a victim of domestic abuse by the other parent, the burden of proof is
upon the parent opposing the move. The court must consider all of the factors in this
subdivision in determining the best interests of the child.
new text end

Sec. 14.

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


518.18 MODIFICATION OF ORDER.

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

(b) If a motion for modification has been heard, whether or not it was granted, unless
agreed to in writing by the parties no subsequent motion may be filed within two years
after disposition of the prior motion on its merits, except in accordance with paragraph (c).

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

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

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

(ii) both parties agree to the modification;

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

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

new text begin(v) the court has denied a request of the primary custodial parent to move the
residence of the child to another state, and the primary custodial parent has relocated
to another state despite the court's order
new text end.

In addition, a court may modify a custody order or parenting plan under section
631.52.

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

(f) If a parent has been granted sole physical custody of a minor and the child
subsequently lives with the other parent, and temporary sole physical custody has been
approved by the court or by a court-appointed referee, the court may suspend the obligor's
child support obligation pending the final custody determination. The court's order
denying the suspension of child support must include a written explanation of the reasons
why continuation of the child support obligation would be in the best interests of the child.

Sec. 15.

Minnesota Statutes 2004, section 518.551, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Scope; payment to public authority. new text end

new text begin (a) This section applies to all
proceedings involving a support order, including, but not limited to, a support order
establishing an order for past support or reimbursement of public assistance.
new text end

new text begin (b) The court shall direct that all payments ordered for maintenance or support
be made to the public authority responsible for child support enforcement so long as
the obligee is receiving or has applied for public assistance, or has applied for child
support or maintenance collection services. Public authorities responsible for child
support enforcement may act on behalf of other public authorities responsible for child
support enforcement, including the authority to represent the legal interests of or execute
documents on behalf of the other public authority in connection with the establishment,
enforcement, and collection of child support, maintenance, or medical support, and
collection on judgments.
new text end

new text begin (c) Payments made to the public authority other than payments under section
518.6111 must be credited as of the date the payment is received by the central collections
unit.
new text end

new text begin (d) Monthly amounts received by the public agency responsible for child support
enforcement from the obligor that are greater than the monthly amount of public assistance
granted to the obligee must be remitted to the obligee.
new text end

Sec. 16.

Minnesota Statutes 2004, section 518.551, subdivision 6, is amended to read:


Subd. 6.

Failure of notice.

If the court in a dissolution, legal separation or
determination of parentage proceeding, finds before issuing the order for judgment and
decree, that notification has not been given to the public authority, the court shall set child
support deleted text beginaccording to the guidelines in subdivision 5deleted text endnew text begin as provided in Laws 2005, chapter
164, section 26
new text end. In those proceedings in which no notification has been made pursuant to
this section and in which the public authority determines that the judgment is lower than
the child support required by the guidelines in subdivision 5, it shall move the court for a
redetermination of the support payments ordered so that the support payments comply
with the guidelines.

Sec. 17.

Minnesota Statutes 2004, section 518.5513, subdivision 3, is amended to read:


Subd. 3.

Contents of pleadings.

(a) In cases involving establishment or
modification of a child support order, the initiating party shall include the following
information, if known, in the pleadings:

(1) names, addresses, and dates of birth of the parties;

(2) Social Security numbers of the parties and the minor children of the parties,
which information shall be considered private information and shall be available only to
the parties, the court, and the public authority;

(3) other support obligations of the obligor;

(4) names and addresses of the parties' employers;

(5) deleted text beginnetdeleted text end new text begingross new text endincome of the parties as deleted text begindefineddeleted text end new text begincalculated new text endin section deleted text begin518.551,
subdivision 5
, with the authorized deductions itemized
deleted text endnew text begin 518.7123new text end;

(6) amounts and sources of any other earnings and income of the parties;

(7) health insurance coverage of parties;

(8) types and amounts of public assistance received by the parties, including
Minnesota family investment plan, child care assistance, medical assistance,
MinnesotaCare, title IV-E foster care, or other form of assistance as defined in section
256.741, subdivision 1; and

(9) any other information relevant to the deleted text begindeterminationdeleted text end new text begincomputation new text endof new text beginthe new text endchild deleted text beginor
medical
deleted text end support new text beginobligation new text endunder section deleted text begin518.171 or 518.551, subdivision 5deleted text endnew text begin 518.713new text end.

(b) For all matters scheduled in the expedited process, whether or not initiated by
the public authority, the nonattorney employee of the public authority shall file with the
court and serve on the parties the following information:

(1) information pertaining to the income of the parties available to the public
authority from the Department of Employment and Economic Development;

(2) a statement of the monthly amount of child support, medical support, child care,
and arrears currently being charged the obligor on Minnesota IV-D cases;

(3) a statement of the types and amount of any public assistance, as defined in
section 256.741, subdivision 1, received by the parties; and

(4) any other information relevant to the determination of support that is known to
the public authority and that has not been otherwise provided by the parties.

The information must be filed with the court or child support magistrate at least
five days before any hearing involving child support, medical support, or child care
reimbursement issues.

Sec. 18.

Minnesota Statutes 2004, section 518.58, subdivision 4, is amended to read:


Subd. 4.

Pension plans.

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

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

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

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

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

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

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

Sec. 19.

new text begin [518.7124] POTENTIAL INCOME.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin If a parent is voluntarily unemployed, underemployed, or
employed on a less than full-time basis, or there is no direct evidence of any income, child
support must be calculated based on a determination of potential income. For purposes of
this determination, it is rebuttably presumed that a parent can be gainfully employed on
a full-time basis. As used in this section, "full time" means 40 hours of work in a week
except in those industries, trades, or professions in which most employers, due to custom,
practice, or agreement, use a normal work week of more or less than 40 hours in a week.
new text end

new text begin Subd. 2. new text end

new text begin Methods. new text end

new text begin Determination of potential income must be made according
to one of three methods, as appropriate:
new text end

new text begin (1) the parent's probable earnings level based on employment potential, recent
work history, and occupational qualifications in light of prevailing job opportunities and
earnings levels in the community;
new text end

new text begin (2) if a parent is receiving unemployment compensation or workers' compensation,
that parent's income may be calculated using the actual amount of the unemployment
compensation or workers' compensation benefit received; or
new text end

new text begin (3) the amount of income a parent could earn working full time at 150 percent of the
current federal or state minimum wage, whichever is higher.
new text end

new text begin Subd. 3. new text end

new text begin Parent not considered voluntarily unemployed or underemployed.
new text end

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

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

new text begin (2) the unemployment or underemployment represents a bona fide career change that
outweighs the adverse effect of that parent's diminished income on the child.
new text end

new text begin Subd. 4. new text end

new text begin TANF recipient. new text end

new text begin If the parent of a joint child is a recipient of a temporary
assistance to a needy family (TANF) cash grant, no potential income is to be imputed
to that parent.
new text end

new text begin Subd. 5. new text end

new text begin Caretaker. new text end

new text begin If a parent stays at home to care for a child who is subject to
the child support order, the court may consider the following factors when determining
whether the parent is voluntarily unemployed or underemployed:
new text end

new text begin (1) the parties' parenting and child care arrangements before the child support action;
new text end

new text begin (2) the stay-at-home parent's employment history, recency of employment, earnings,
and the availability of jobs within the community for an individual with the parent's
qualifications;
new text end

new text begin (3) the relationship between the employment-related expenses, including, but not
limited to, child care and transportation costs required for the parent to be employed,
and the income the stay-at-home parent could receive from available jobs within the
community for an individual with the parent's qualifications;
new text end

new text begin (4) the child's age and health, including whether the child is physically or mentally
disabled; and
new text end

new text begin (5) the availability of child care providers.
new text end

new text begin This paragraph does not apply if the parent stays at home only to care for other
nonjoint children.
new text end

new text begin Subd. 6. new text end

new text begin Economic conditions. new text end

new text begin A self-employed parent is not considered to be
voluntarily unemployed or underemployed if that parent can show that the parent's net
self-employment income is lower because of economic conditions that are directly related
to the source or sources of that parent's income.
new text end

Sec. 20.

Laws 2005, chapter 164, section 4, is amended to read:


Sec. 4. [518.1781] SIX-MONTH REVIEW.

(a) A request for a six-month review hearing form must be attached to a decree
of dissolution or legal separation or an order that initially establishes child custody,
parenting time, or support rights and obligations of parents. The state court administrator
is requested to prepare the request for review hearing form. The form must include
information regarding the procedures for requesting a hearing, the purpose of the hearing,
and any other information regarding a hearing under this section that the state court
administrator deems necessary.

(b) The six-month review hearing shall be held if any party submits a written request
for a hearing within six months after entry of a decree of dissolution or legal separation or
order that establishes child custody, parenting time, or support.

(c) Upon receipt of a completed request for hearing form, the court administrator
shall provide notice of the hearing to all other parties and the public authority. The court
administrator shall schedule the six-month review hearing as soon as practicable following
the receipt of the hearing request form.

(d) At the six-month hearing, the court must review:

(1) whether child support is current; and

(2) whether both parties are complying with the parenting time provisions of the
order.

(e) At the six-month hearing, the obligor has the burden to present evidence to
establish that child support payments are current. A party may request that the public
authority provide information to the parties and court regarding child support payments. A
party must request the information from the public authority at least 14 days before the
hearing. The commissioner of human services must develop a form to be used by the
public authority to submit child support payment information to the parties and court.

(f) Contempt of court and all statutory remedies for child support and parenting time
enforcement may be imposed by the court at the six-month hearing for noncompliance by
either party pursuant to chapters 517C and 588 and the Minnesota Court Rules.

(g) A request for a six-month review hearing form must be attached to a decree or
ordernew text begin signed on or after January 1, 2007,new text end that initially establishes child support rights and
obligations deleted text beginaccording to section 517A.29deleted text end.

Sec. 21.

Laws 2005, chapter 164, section 5, is amended to read:


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

518.54 DEFINITIONS.

Subdivision 1. Terms. For the purposes of sections new text begin518.1781 andnew text end 518.54 to 518.773,
the terms defined in this section shall have the meanings respectively ascribed to them.

Subd. 2. Child. "Child" means an individual under 18 years of age, an individual
under age 20 who is still attending secondary school, or an individual who, by reason of
physical or mental condition, is incapable of self-support.

Subd. 2a. Deposit account. "Deposit account" means funds deposited with a
financial institution in the form of a savings account, checking account, NOW account, or
demand deposit account.

Subd. 2b. Financial institution. "Financial institution" means a savings association,
bank, trust company, credit union, industrial loan and thrift company, bank and trust
company, or savings association, and includes a branch or detached facility of a financial
institution.

Subd. 3. Maintenance. "Maintenance" means an award made in a dissolution or
legal separation proceeding of payments from the future income or earnings of one spouse
for the support and maintenance of the other.

Subd. 4. Support money; child support. "Support money" or "child support"
means an amount for basic support, child care support, and medical support pursuant to:

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

(2) a contribution by parents ordered under section 256.87; or

(3) support ordered under chapter 518B or 518C.

Subd. 4a. Support order. new text begin(a) new text end"Support order" means a judgment, decree, or order,
whether temporary, final, or subject to modification, issued by a court or administrative
agency of competent jurisdictiondeleted text begin,deleted text endnew text begin:new text end

new text begin (1) new text endfor the support and maintenance of a child, including a child who has attained
the age of majority under the law of the issuing statedeleted text begin, ordeleted text endnew text begin;new text end

new text begin (2) for new text enda child and the parent with whom the child is living, that provides for
monetary support, child care, medical support including expenses for confinement and
pregnancy, arrearages, or reimbursementdeleted text begin, and thatdeleted text endnew text begin; or
new text end

new text begin (3) for the maintenance of a spouse or former spouse.
new text end

new text begin (b) The support ordernew text end may include related costs and fees, interest and penalties,
income withholding, and other relief. This definition applies to orders issued under this
chapter and chapters 256, 257, and 518C.

Subd. 5. Marital property; exceptions. "Marital property" means property, real or
personal, including vested public or private pension plan benefits or rights, acquired by
the parties, or either of them, to a dissolution, legal separation, or annulment proceeding
at any time during the existence of the marriage relation between them, or at any time
during which the parties were living together as husband and wife under a purported
marriage relationship which is annulled in an annulment proceeding, but prior to the
date of valuation under section 518.58, subdivision 1. All property acquired by either
spouse subsequent to the marriage and before the valuation date is presumed to be marital
property regardless of whether title is held individually or by the spouses in a form
of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or
community property. Each spouse shall be deemed to have a common ownership in
marital property that vests not later than the time of the entry of the decree in a proceeding
for dissolution or annulment. The extent of the vested interest shall be determined and
made final by the court pursuant to section 518.58. If a title interest in real property is held
individually by only one spouse, the interest in the real property of the nontitled spouse is
not subject to claims of creditors or judgment or tax liens until the time of entry of the
decree awarding an interest to the nontitled spouse. The presumption of marital property
is overcome by a showing that the property is nonmarital property.

"Nonmarital property" means property real or personal, acquired by either spouse
before, during, or after the existence of their marriage, which

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

(b) is acquired before the marriage;

(c) is acquired in exchange for or is the increase in value of property which is
described in clauses (a), (b), (d), and (e);

(d) is acquired by a spouse after the valuation date; or

(e) is excluded by a valid antenuptial contract.

Subd. 6. Income. "Income" means any form of periodic payment to an individual
including, but not limited to, wages, salaries, payments to an independent contractor,
workers' compensation, unemployment benefits, annuity, military and naval retirement,
pension and disability payments. Benefits received under Title IV-A of the Social Security
Act and chapter 256J are not income under this section.

Subd. 7. Obligee. "Obligee" means a person to whom payments for maintenance or
support are owed.

Subd. 8. Obligor. "Obligor" means a person obligated to pay maintenance or
support. A person who deleted text beginis designated as the sole physical custodiandeleted text end new text beginhas primary physical
custody
new text endof a child is presumed not to be an obligor for purposes of deleted text begincalculating currentdeleted text endnew text begin
a child
new text end support deleted text beginunder section 518.551deleted text endnew text begin order under section 518.713,new text end unless new text beginsection
518.72, subdivision 3, applies or
new text endthe court makes specific written findings to overcome
this presumption. For purposes of ordering medical support under section 518.719, a
deleted text begin custodialdeleted text end parent new text beginwho has primary physical custody of a child new text endmay be an obligor subject
to deleted text begina cost-of-living adjustment under section 518.641 anddeleted text end a payment agreement under
section 518.553.

Subd. 9. Public authority. "Public authority" means the local unit of government,
acting on behalf of the state, that is responsible for child support enforcement or the
Department of Human Services, Child Support Enforcement Division.

Subd. 10. Pension plan benefits or rights. "Pension plan benefits or rights" means
a benefit or right from a public or private pension plan accrued to the end of the month in
which marital assets are valued, as determined under the terms of the laws or other plan
document provisions governing the plan, including section 356.30.

Subd. 11. Public pension plan. "Public pension plan" means a pension plan or
fund specified in section 356.20, subdivision 2, or 356.30, subdivision 3, the deferred
compensation plan specified in section 352.96, or any retirement or pension plan or fund,
including a supplemental retirement plan or fund, established, maintained, or supported by
a governmental subdivision or public body whose revenues are derived from taxation,
fees, assessments, or from other public sources.

Subd. 12. Private pension plan. "Private pension plan" means a plan, fund, or
program maintained by an employer or employee organization that provides retirement
income to employees or results in a deferral of income by employees for a period
extending to the termination of covered employment or beyond.

Subd. 13. Arrears. Arrears are amounts that accrue pursuant to an obligor's failure
to comply with a support order. Past support and pregnancy and confinement expenses
contained in a support order are arrears if the court order does not contain repayment
terms. Arrears also arise by the obligor's failure to comply with the terms of a court order
for repayment of past support or pregnancy and confinement expenses. An obligor's
failure to comply with the terms for repayment of amounts owed for past support or
pregnancy and confinement turns the entire amount owed into arrears.

Subd. 14. IV-D case. "IV-D case" means a case where a party has assigned to the
state rights to child support because of the receipt of public assistance as defined in section
256.741 or has applied for child support services under title IV-D of the Social Security
Act, United States Code, title 42, section 654(4).

Subd. 15. Parental income for new text begindetermining new text endchild support (PICS). "Parental
income for new text begindetermining new text endchild support," or "PICS," means gross income deleted text beginunder subdivision
18
deleted text end minus deductions for nonjoint children deleted text beginasdeleted text end allowed deleted text beginbydeleted text end new text beginunder new text endsection 518.717.

Subd. 16. Apportioned veterans' benefits. "Apportioned veterans' benefits" means
the amount the Veterans Administration deducts from the veteran's award and disburses
to the child or the child's representative payee. The apportionment of veterans' benefits
shall be that determined by the Veterans Administration and governed by Code of Federal
Regulations, title 38, sections 3.450 to 3.458.

Subd. 17. Basic support. "Basic support" means the new text beginbasic new text end support obligation
deleted text begin determined by applying the parent's parental income for child support, or if there are two
parents, their combined parental income for child support, to the guideline in the manner
set out in section 518.725
deleted text endnew text begin computed under section 518.713new text end. Basic support includes the
dollar amount ordered for a child's housing, food, clothing, transportation, and education
costs, and other expenses relating to the child's care. Basic support does not include
monetary contributions for a child's child care expenses and medical and dental expenses.

Subd. 18. Gross income. "Gross income" meansdeleted text begin: deleted text end

deleted text begin (1)deleted text end the gross income of the parent calculated under section 518.7123deleted text begin; plus
deleted text end

deleted text begin (2) Social Security or veterans' benefit payments received on behalf of the child
under section 518.718; plus
deleted text end

deleted text begin (3) the potential income of the parent, if any, as determined in subdivision 23; minusdeleted text end

deleted text begin (4) spousal maintenance that any party has been ordered to pay; minusdeleted text end

deleted text begin (5) the amount of any existing child support order for other nonjoint childrendeleted text end.

Subd. 19. Joint child. "Joint child" means the dependent child who is the deleted text beginson or
daughter
deleted text end new text beginchild new text endof both parents in the support proceeding. In deleted text beginthosedeleted text end cases where support is
sought from only one parent of a child, a joint child is the child for whom support is sought.

Subd. 20. Nonjoint child. "Nonjoint child" means the legal child of one, but not
both of the parents deleted text beginsubject to this determination. Specifically excluded from this definition
are
deleted text endnew text begin in the support proceeding. Nonjoint child does not includenew text end stepchildren.

Subd. 21.deleted text begin Parenting time. "Parenting time" means the amount of time a child is
scheduled to spend with the parent according to a court order. Parenting time includes
time with the child whether it is designated as visitation, physical custody, or parenting
time. For purposes of section 518.722, the percentage of parenting time may be calculated
by calculating the number of overnights that a child spends with a parent, or by using a
method other than overnights if the parent has significant time periods where the child is
in the parent's physical custody, but does not stay overnight.
deleted text end

deleted text begin Subd. 22.deleted text end Payor of funds. "Payor of funds" means a person or entity that provides
funds to an obligor, including an employer as defined under chapter 24, section 3401(d),
of the Internal Revenue Code, an independent contractor, payor of workers' compensation
benefits or unemployment insurance benefits, or a financial institution as defined in
section 13B.06.

deleted text begin Subd. 23. Potential income. "Potential income" is income determined under this
subdivision.
deleted text end

deleted text begin (a) If a parent is voluntarily unemployed, underemployed, or employed on a
less than full-time basis, or there is no direct evidence of any income, child support
shall be calculated based on a determination of potential income. For purposes of this
determination, it is rebuttably presumed that a parent can be gainfully employed on a
full-time basis.
deleted text end

deleted text begin (b) Determination of potential income shall be made according to one of three
methods, as appropriate:
deleted text end

deleted text begin (1) the parent's probable earnings level based on employment potential, recent
work history, and occupational qualifications in light of prevailing job opportunities and
earnings levels in the community;
deleted text end

deleted text begin (2) if a parent is receiving unemployment compensation or workers' compensation,
that parent's income may be calculated using the actual amount of the unemployment
compensation or workers' compensation benefit received; or
deleted text end

deleted text begin (3) the amount of income a parent could earn working full time at 150 percent of the
current federal or state minimum wage, whichever is higher.
deleted text end

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

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

deleted text begin (2) the unemployment or underemployment represents a bona fide career change that
outweighs the adverse effect of that parent's diminished income on the child; or
deleted text end

deleted text begin (3) the parent is unable to work full time due to a verified disability or due to
incarceration.
deleted text end

deleted text begin (d) As used in this section, "full time" means 40 hours of work in a week except in
those industries, trades, or professions in which most employers due to custom, practice,
or agreement utilize a normal work week of more or less than 40 hours in a week.
deleted text end

deleted text begin (e) If the parent of a joint child is a recipient of a temporary assistance to a needy
family (TANF) cash grant, no potential income shall be imputed to that parent.
deleted text end

deleted text begin (f) If a parent stays at home to care for a child who is subject to the child support
order, the court may consider the following factors when determining whether the parent
is voluntarily unemployed or underemployed:
deleted text end

deleted text begin (1) the parties' parenting and child care arrangements before the child support action;
deleted text end

deleted text begin (2) the stay-at-home parent's employment history, recency of employment, earnings,
and the availability of jobs within the community for an individual with the parent's
qualifications;
deleted text end

deleted text begin (3) the relationship between the employment-related expenses, including, but not
limited to, child care and transportation costs required for the parent to be employed,
and the income the stay-at-home parent could receive from available jobs within the
community for an individual with the parent's qualifications;
deleted text end

deleted text begin (4) the child's age and health, including whether the child is physically or mentally
disabled; and
deleted text end

deleted text begin (5) the availability of child care providers.
deleted text end

deleted text begin (g) Paragraph (f) does not apply if the parent stays at home to care for other nonjoint
children, only.
deleted text end

deleted text begin (h) A self-employed parent shall not be considered to be voluntarily unemployed
or underemployed if that parent can show that the parent's net self-employment income
is lower because of economic conditions.
deleted text end

deleted text begin Subd. 24.deleted text end new text beginSubd. 22. new text end Primary physical custody. The parent having "primary
physical custody" means the parent who provides the primary residence for a child and is
responsible for the majority of the day-to-day decisions concerning a child.

deleted text begin Subd. 25.deleted text end new text beginSubd. 23. new text endSocial Security benefits. "Social Security benefits" means
the monthly deleted text beginamountdeleted text end new text beginretirement, survivors, or disability insurance benefits that new text endthe Social
Security Administration deleted text beginpays todeleted text end new text beginprovides to a parent for that parent's own benefit or for
the benefit of
new text enda joint child deleted text beginor the child's representative payee due solely to the disability
or retirement of either parent. Benefits paid
deleted text endnew text begin. Social Security benefits do not include
Supplemental Security Income benefits that the Social Security Administration provides
to a parent for the parent's own benefit or
new text end to a parent due to the disability of a child deleted text beginare
excluded from this definition
deleted text end.

deleted text begin Subd. 26. Split custody. "Split custody" means that each parent in a two-parent
calculation has primary physical custody of at least one of the joint children.
deleted text end

deleted text begin Subd. 27.deleted text end new text beginSubd. 24. new text endSurvivors' and dependents' educational assistance.
"Survivors' and dependents' educational assistance" are funds disbursed by the Veterans
Administration under United States Code, title 38, chapter 35, to the child or the child's
representative payee.

Sec. 22.

Laws 2005, chapter 164, section 8, is amended to read:


Sec. 8. Minnesota Statutes 2004, section 518.551, subdivision 5b, is amended to
read:


Subd. 5b. Providing income information. (a) In any case where the parties have
joint children for which a child support order must be determined, the parties shall serve
and file with their initial pleadings or motion documents, a financial affidavit, disclosing
all sources of gross incomenew text begin for purposes of section 518.7123new text end. The financial affidavit shall
include relevant supporting documentation necessary to calculate the parental income for
child support under section 518.54, subdivision 15, including, but not limited to, pay stubs
for the most recent three months, employer statements, or statements of receipts and
expenses if self-employed. Documentation of earnings and income also include relevant
copies of each parent's most recent federal tax returns, including W-2 forms, 1099 forms,
unemployment benefit statements, workers' compensation statements, and all other
documents evidencing earnings or income as received that provide verification for the
financial affidavit.new text begin The commissioner of human services shall prepare a financial affidavit
form that must be used by the parties for disclosing information under this subdivision.
new text end


(b) In addition to the requirements of paragraph (a), at any time after an action
seeking child support has been commenced or when a child support order is in effect, a
party or the public authority may require the other party to give them a copy of the party's
most recent federal tax returns that were filed with the Internal Revenue Service. The
party shall provide a copy of the tax returns within 30 days of receipt of the request unless
the request is not made in good faith. A request under this paragraph may not be made
more than once every two years, in the absence of good cause.

(c) If a parent under the jurisdiction of the court does not serve and file the financial
affidavit with the parent's initial pleadingnew text begin or motion documentsnew text end, the court shall set income
for that parent based on credible evidence before the court or in accordance with section
deleted text begin 518.54, subdivision 23deleted text endnew text begin 518.7124new text end. Credible evidence may include documentation of
current or recent income, testimony of the other parent concerning recent earnings and
income levels, and the parent's wage reports filed with the Minnesota Department of
Employment and Economic Development under section 268.044. new text beginThe court may consider
credible evidence from one party that the financial affidavit submitted by the other party is
false or inaccurate.
new text end

new text begin (d) If the court determines that a party does not have access to documents that are
required to be disclosed under this section, the court may consider the testimony of that
party as credible evidence of that party's income.
new text end

Sec. 23.

Laws 2005, chapter 164, section 10, is amended to read:


Sec. 10. Minnesota Statutes 2004, section 518.64, subdivision 2, is amended to read:


Subd. 2. Modification. (a) The terms of an order respecting maintenance or support
may be modified upon a showing of one or more of the followingnew text begin, any of which makes the
terms unreasonable and unfair
new text end: (1) substantially increased or decreased gross income of an
obligor or obligee; (2) substantially increased or decreased need of an obligor or obligee
or the child or children that are the subject of these proceedings; (3) receipt of assistance
under the AFDC program formerly codified under sections 256.72 to 256.87 or 256B.01
to 256B.40, or chapter 256J or 256K; (4) a change in the cost of living for either party
as measured by the Federal Bureau of Labor Statisticsdeleted text begin, any of which makes the terms
unreasonable and unfair
deleted text end; (5) extraordinary medical expenses of the child not provided for
under section 518.171; (6) the addition of work-related or education-related child care
expenses of the obligee or a substantial increase or decrease in existing work-related
or education-related child care expenses; or (7) upon the emancipation of the child, as
provided in section 518.64, subdivision 4a.

(b) It is presumed that there has been a substantial change in circumstances under
paragraph (a) and the terms of a current support order shall be rebuttably presumed to be
unreasonable and unfair if:

(1) the application of the child support guidelines in section deleted text begin518.551, subdivision 5deleted text endnew text begin
518.725
new text end, to the current circumstances of the parties results in a calculated court order that
is at least 20 percent and at least $75 per month higher or lower than the current support
ordernew text begin or, if the current support order is less than $75, it results in a calculated court order
that is at least 20 percent per month higher or lower
new text end;

(2) the medical support provisions of the order established under section 518.719
are not enforceable by the public authority or the obligee;

(3) health coverage ordered under section 518.719 is not available to the child for
whom the order is established by the parent ordered to provide;

(4) the existing support obligation is in the form of a statement of percentage and
not a specific dollar amount; or

(5) the gross income of an obligor or obligee has decreased by at least 20 percent
through no fault or choice of the party.

(c) A child support order is not presumptively modifiable solely because an obligor
or obligee becomes responsible for the support of an additional nonjoint child, which is
born after an existing order. Section 518.717 shall be considered if other grounds are
alleged which allow a modification of support.

(d) On a motion for modification of maintenance, including a motion for the
extension of the duration of a maintenance award, the court shall apply, in addition to all
other relevant factors, the factors for an award of maintenance under section 518.552 that
exist at the time of the motion. On a motion for modification of support, the court:

(1) shall apply section 518.725, and shall not consider the financial circumstances of
each party's spouse, if any; and

(2) shall not consider compensation received by a party for employment in excess of
a 40-hour work week, provided that the party demonstrates, and the court finds, that:

(i) the excess employment began after entry of the existing support order;

(ii) the excess employment is voluntary and not a condition of employment;

(iii) the excess employment is in the nature of additional, part-time employment, or
overtime employment compensable by the hour or fractions of an hour;

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

(v) in the case of an obligor, current child support payments are at least equal to the
guidelines amount based on income not excluded under this clause; and

(vi) in the case of an obligor who is in arrears in child support payments to the
obligee, any net income from excess employment must be used to pay the arrearages
until the arrearages are paid in full.

(e) A modification of support or maintenance, including interest that accrued
pursuant to section 548.091, may be made retroactive only with respect to any period
during which the petitioning party has pending a motion for modification but only from the
date of service of notice of the motion on the responding party and on the public authority
if public assistance is being furnished or the county attorney is the attorney of record.

(f) Except for an award of the right of occupancy of the homestead, provided in
section 518.63, all divisions of real and personal property provided by section 518.58
shall be final, and may be revoked or modified only where the court finds the existence
of conditions that justify reopening a judgment under the laws of this state, including
motions under section 518.145, subdivision 2. The court may impose a lien or charge on
the divided property at any time while the property, or subsequently acquired property, is
owned by the parties or either of them, for the payment of maintenance or support money,
or may sequester the property as is provided by section 518.24.

(g) The court need not hold an evidentiary hearing on a motion for modification of
maintenance or support.

(h) Section 518.14 shall govern the award of attorney fees for motions brought
under this subdivision.

(i) Except as expressly provided, an enactment, amendment, or repeal of law does
not constitute a substantial change in the circumstances for purposes of modifying a
child support order.

(j) There may be no modification of an existing child support order during the first
year following the effective date of sections 518.7123 to 518.729 except as follows:

(1) there is at least a 20 percent change in the gross income of the obligor;

(2) there is a change in the number of joint children for whom the obligor is legally
responsible and actually supporting;

(3) new text begina parent or another caregiver of the child who is supported by the existing support
order begins to receive public assistance, as defined in section 256.741;
new text end

new text begin (4) there are additional work-related or education-related child care expenses of the
obligee or a substantial increase or decrease in existing work-related or education-related
child care expenses;
new text end

new text begin (5) there is a change in the availability of health care coverage, as defined in section
518.719, subdivision 1, paragraph (a), or a substantial increase or decrease in the cost
of existing health care coverage;
new text end

new text begin (6) new text endthe child supported by the existing child support order becomes disabled; or

deleted text begin (4)deleted text end new text begin(7) new text endboth parents consent to modification of the existing order deleted text beginin compliance with
the new income shares guidelines
deleted text endnew text begin under section 518.713new text end.

new text begin A modification under clause (4) may be granted only with respect to child care
support. A modification under clause (5) may be granted only with respect to medical
support. This paragraph expires January 1, 2008.
new text end

(k) On the first modification under the income shares method of calculation, the
modification of basic support may be limited if the amount of the full variance would
create hardship for either the obligor or the obligee.

deleted text begin Paragraph (j) expires January 1, 2008.
deleted text end

Sec. 24.

Laws 2005, chapter 164, section 11, is amended to read:


Sec. 11. Minnesota Statutes 2004, section 518.64, is amended by adding a
subdivision to read:


Subd. 7. Child care exception. new text beginChild care support must be based on the actual child
care expenses.
new text endThe court may provide that a deleted text beginreductiondeleted text endnew text begin decreasenew text end in the amount deleted text beginallocated
for
deleted text endnew text begin of thenew text end child care deleted text beginexpensesdeleted text end based on a deleted text beginsubstantialdeleted text end decrease in thenew text begin actual child carenew text end
expenses is effective as of the date the expense is decreased.


Sec. 25.

Laws 2005, chapter 164, section 14, is amended to read:


Sec. 14. [518.7123] CALCULATION OF GROSS INCOME.

(a) deleted text beginExcept as excluded belowdeleted text endnew text begin Subject to the exclusions and deductions in this
section
new text end, gross income includes deleted text beginincome from any sourcedeleted text endnew text begin any form of periodic payment
to an individual
new text end, including, but not limited to, salaries, wages, commissions, deleted text beginadvances,
bonuses, dividends, severance pay, pensions, interest, honoraria, trust income, annuities,
return on capital, Social Security benefits, workers' compensation benefits, unemployment
insurance benefits, disability insurance benefits, gifts, prizes, including lottery winnings,
alimony, spousal maintenance payments, income from self-employment or operation of
a business, as determined
deleted text end new text beginself-employment income new text endunder section 518.7125new text begin, workers'
compensation, unemployment benefits, annuity payments, military and naval retirement,
pension and disability payments, spousal maintenance received under a previous order or
the current proceeding, Social Security or veterans benefits provided for a joint child under
section 518.718, and potential income under section 518.7124
new text end. deleted text beginAll salarydeleted text endnew text begin Salariesnew text end, wages,
commissions, or other compensation paid by third parties shall be based upon deleted text beginMedicaredeleted text end
gross income new text beginbefore participation in an employer-sponsored benefit plan that allows an
employee to pay for a benefit or expense using pretax dollars, such as flexible spending
plans and health savings accounts
new text end. No deductions shall be allowed for contributions to
pensions, 401-K, IRA, or other retirement benefits.

(b) deleted text beginExcluded and not counted indeleted text end Gross income deleted text beginisdeleted text end new text begin does not include new text endcompensation
received by a party for employment in excess of a 40-hour work week, provided that:

(1) child support is deleted text beginnonethelessdeleted text end ordered in an amount at least equal to the guideline
amount based on gross income not excluded under this clause; and

(2) the party demonstrates, and the court finds, that:

(i) the excess employment began after the filing of the petition for dissolutionnew text begin or
legal separation or a petition related to custody, parenting time, or support
new text end;

(ii) the excess employment reflects an increase in the work schedule or hours worked
over that of the two years immediately preceding the filing of the petition;

(iii) the excess employment is voluntary and not a condition of employment;

(iv) the excess employment is in the nature of additional, part-time or overtime
employment compensable by the hour or fraction of an hour; and

(v) the party's compensation structure has not been changed for the purpose of
affecting a support or maintenance obligation.

(c) Expense reimbursements or in-kind payments received by a parent in the course
of employment, self-employment, or operation of a business shall be counted as income
if they reduce personal living expenses.

(d) Gross income may be calculated on either an annual or monthly basis. Weekly
income shall be translated to monthly income by multiplying the weekly income by 4.33.

(e) deleted text beginExcluded and not counted asdeleted text end new text beginGross new text endincome deleted text beginis anydeleted text end new text begindoes not include a new text endchild
support payment received by a party. It is a rebuttable presumption that adoption
assistance payments, guardianship assistance payments, and foster care subsidies are
deleted text begin excluded anddeleted text end not deleted text begincounted asdeleted text end new text begingross new text endincome.

(f) deleted text beginExcluded and not counted asdeleted text end new text beginGross new text endincome deleted text beginisdeleted text end new text begindoes not include new text endthe income of the
obligor's spouse and the obligee's spouse.

new text begin (g) Child support or spousal maintenance payments ordered by a court for a nonjoint
child or former spouse or ordered payable to the other party as part of the current
proceeding are deducted from other periodic payments received by a party for purposes of
determining gross income.
new text end

new text begin (h) Gross income does not include public assistance benefits received under section
256.741 or other forms of public assistance based on need.
new text end

Sec. 26.

Laws 2005, chapter 164, section 15, is amended to read:


Sec. 15. [518.7125] INCOME FROM SELF-EMPLOYMENT OR
OPERATION OF A BUSINESS.

For new text beginpurposes of section 518.7123, new text end income from self-employmentdeleted text begin, rent, royalties,
proprietorship
deleted text endnew text begin or operationnew text end of a business, deleted text beginordeleted text endnew text begin includingnew text end joint ownership of a partnership or
closely held corporation, deleted text begingross incomedeleted text end is defined as gross receipts minus costs of goods
sold minus ordinary and necessary expenses required for self-employment or business
operation. Specifically excluded from ordinary and necessary expenses are amounts
allowable by the Internal Revenue Service for the accelerated component of depreciation
expenses, investment tax credits, or any other business expenses determined by the court
to be inappropriate or excessive for determining gross income for purposes of calculating
child support.new text begin The person seeking to deduct an expense, including depreciation, has the
burden of proving, if challenged, that the expense is ordinary and necessary.
new text end

Sec. 27.

Laws 2005, chapter 164, section 16, is amended to read:


Sec. 16. [518.713] COMPUTATION OF CHILD SUPPORT OBLIGATIONS.

new text begin (a) new text endTo determine the presumptive deleted text beginamount ofdeleted text end new text beginchild new text endsupport deleted text beginowed bydeleted text end new text beginobligation of new text enda
parent, new text beginthe court shall new text endfollow the procedure set forth in this sectiondeleted text begin:deleted text endnew text begin.new text end

new text begin (b) To determine the obligor's basic support obligation, the court shall:
new text end

(1) determine the gross income of each parent deleted text beginusing the definition in section 518.54,
subdivision 18
deleted text endnew text begin under section 518.7123new text end;

(2) calculate the parental income for new text begindetermining new text endchild support (PICS) of each parent
deleted text begin under section 518.54, subdivision 15deleted text end, by subtracting from the gross income the credit, if
any, for each parent's nonjoint children under section 518.717;

(3) determine the percentage contribution of each parent to the combined PICS by
dividing the combined PICS into each parent's PICS;

(4) determine the combined basic support obligation by application of the deleted text beginscheduledeleted text end
new text begin guidelines new text endin section 518.725;

(5) determine deleted text begineach parent'sdeleted text end new text beginthe obligor's new text endshare of the basic support obligation
by multiplying the percentage figure from clause (3) by the combined basic support
obligation in clause (4);new text begin and new text end

(6) determine the parenting expense adjustment, if any, as provided in section
518.722, and adjust deleted text beginthat parent'sdeleted text end new text beginthe obligor's new text endbasic support obligation accordinglydeleted text begin;deleted text endnew text begin.
If the parenting time of the parties is presumed equal, section 518.722, subdivision 3,
applies to the calculation of the basic support obligation and a determination of which
parent is the obligor.
new text end

deleted text begin (7) deleted text endnew text begin (c) The court shall new text enddetermine the child care support obligation for deleted text begineach parentdeleted text end
new text begin the obligor new text endas provided in section 518.72deleted text begin;deleted text endnew text begin.new text end

deleted text begin (8)deleted text end new text begin(d) The court shall new text enddetermine the deleted text beginhealth care coveragedeleted text endnew text begin medical supportnew text end obligation
for each parent as provided in section 518.719. Unreimbursed and uninsured medical
expenses are not included in the presumptive amount of support owed by a parent and are
calculated and collected as described in section deleted text begin518.722;deleted text end new text begin518.719.new text end

deleted text begin (9)deleted text end new text begin(e) The court shall new text enddetermine each parent's total child support obligation by
adding together each parent's basic support, child care support, and health care coverage
obligations as provided in deleted text beginclauses (1) to (8);deleted text end

deleted text begin (10) reduce or increase each parent's total child support obligation by the amount of
the health care coverage contribution paid by or on behalf of the other parent, as provided
in section 518.719, subdivision 5;
deleted text endnew text begin this section.new text end

deleted text begin (11)deleted text end new text begin(f) new text endIf Social Security benefits or veterans' benefits are received by one parent as
a representative payee for a joint child deleted text begindue to the other parent's disability or retirement,deleted text endnew text begin
based on the other parent's eligibility, the court shall
new text end subtract the amount of benefits from
the other parent's net child support obligation, if anydeleted text begin;deleted text endnew text begin. new text end

deleted text begin (12) apply the self-support adjustment and minimum support obligation provisions
as provided in section 518.724; and
deleted text endnew text beginnew text end

deleted text begin (13)deleted text end new text begin(g) new text endThe final child support order shall separately designate the amount owed for
basic support, child care support, and medical support. new text beginIf applicable, the court shall use
the self-support adjustment and minimum support adjustment under section 518.724 to
determine the obligor's child support obligation.
new text end

Sec. 28.

Laws 2005, chapter 164, section 17, subdivision 1, is amended to read:


Subdivision 1. General factors. Among other reasons, deviation from the
presumptive deleted text beginguideline amountdeleted text end new text beginchild support obligation computed under section 518.713
new text end is intended to encourage prompt and regular payments of child support and to prevent
either parent or the joint children from living in poverty. In addition to the child support
guidelinesnew text begin and other factors used to calculate the child support obligation under section
518.713
new text end, the court must take into consideration the following factors in setting or
modifying child support or in determining whether to deviate upward or downward from
the deleted text beginguidelinesdeleted text endnew text begin presumptive child support obligationnew text end:

(1) all earnings, income, circumstances, and resources of each parent, including real
and personal property, but excluding income from excess employment of the obligor or
obligee that meets the criteria of section 518.7123, paragraph (b)deleted text begin, clause (2)deleted text end;

(2) the extraordinary financial needs and resources, physical and emotional
condition, and educational needs of the child to be supported;

(3) the standard of living the child would enjoy if the parents were currently living
together, but recognizing that the parents now have separate households;

(4) which parent receives the income taxation dependency exemption and the
financial benefit the parent receives from it;

(5) the parents' debts as provided in subdivision 2; and

(6) the obligor's total payments for court-ordered child support exceed the
limitations set forth in section 571.922.

Sec. 29.

Laws 2005, chapter 164, section 18, is amended to read:


Sec. 18. [518.715] WRITTEN FINDINGS.


Subdivision 1. No deviation. If the court does not deviate from the deleted text beginguidelinesdeleted text endnew text begin
presumptive child support obligation computed under section 518.713
new text end, the court must
make written findings deleted text beginconcerning the amount of the parties' gross income used as the basis
for the guidelines calculation and
deleted text endnew text begin that statenew text endnew text begin:
new text end

new text begin (1) each parent's gross income;
new text end

new text begin (2) each parent's PICS; and
new text end

new text begin (3)new text end any other significant evidentiary factors affecting the child support determination.


Subd. 2. Deviation. deleted text begin(a)deleted text end If the court deviates from the deleted text beginguidelines by agreement of
the parties or pursuant to
deleted text end new text beginpresumptive child support obligation computed under new text endsection
deleted text begin 518.714deleted text endnew text begin 518.713new text end, the court must make written findings deleted text begingivingdeleted text endnew text begin that state:
new text end

new text begin (1) each parent's gross income;
new text end

new text begin (2) each parent's PICS;
new text end

new text begin (3)new text end the amount of new text beginthe child new text endsupport deleted text begincalculateddeleted text end new text beginobligation computed new text endunder deleted text beginthe
guidelines,
deleted text endnew text begin section 518.713;
new text end

new text begin (4)new text end the reasons for the deviationdeleted text begin,deleted text endnew text begin;new text end anddeleted text begin must specifically address
deleted text end

new text begin (5)new text end how the deviation serves the best interests of the childdeleted text begin; anddeleted text endnew text begin.new text end

deleted text begin (b) determine each parent's gross income and PICS.
deleted text end


Subd. 3. Written findings required in every case. The provisions of this section
apply whether or not the parties are each represented by independent counsel and have
entered into a written agreement. The court must review stipulations presented to it for
conformity deleted text beginto the guidelinesdeleted text endnew text begin with section 518.713new text end. The court is not required to conduct a
hearing, but the parties must provide sufficient documentation to verify the child support
determinationdeleted text begin,deleted text end and new text beginto new text end justify any deviation deleted text beginfrom the guidelinesdeleted text end.


Sec. 30.

Laws 2005, chapter 164, section 20, is amended to read:


Sec. 20. [518.717] new text beginDEDUCTION FROM INCOME FOR new text endNONJOINT
CHILDREN.

(a) When either or both parents deleted text beginof the joint child subject to this determinationdeleted text end are
legally responsible for a nonjoint child deleted text beginwho resides in that parent's householddeleted text end, a deleted text begincreditdeleted text end
new text begin deduction new text endfor this obligation shall be calculated under this sectionnew text begin if:new text end

new text begin (1) the nonjoint child primarily resides in the parent's household; and
new text end

new text begin (2) the parent is not obligated to pay basic child support for the nonjoint child to the
other parent or a legal custodian of the child under an existing child support order
new text end.

(b) deleted text beginDetermine the gross income for each parent under section 518.54, subdivision
18.
deleted text end

deleted text begin (c) Usingdeleted text end new text begin The court shall use new text endthe deleted text beginguideline as established indeleted text end new text begin guidelines under new text endsection
518.725deleted text begin, deleted text end new text begin to new text enddetermine the basic child support obligation for the nonjoint child or children
deleted text begin who actually reside in the parent's household,deleted text end by using the gross income of the parent for
whom the deleted text begincreditdeleted text end new text begin deduction new text endis being calculateddeleted text begin,deleted text end and deleted text beginusingdeleted text end the number of nonjoint children
deleted text begin actuallydeleted text end new text begin primarily residing new text endin the parent's deleted text beginimmediatedeleted text end household. If the number of nonjoint
children to be used for the determination is greater than two, the determination deleted text beginshalldeleted text endnew text begin must
new text end be made using the number two instead of the greater number.

deleted text begin (d)deleted text end new text begin (c) new text endThe deleted text begincreditdeleted text end new text begin deduction new text endfor nonjoint children deleted text beginshall bedeleted text end new text begin is new text end50 percent of the
guideline amount deleted text beginfromdeleted text end new text begin determined under new text endparagraph deleted text begin(c)deleted text endnew text begin (b)new text end.

Sec. 31.

Laws 2005, chapter 164, section 21, is amended to read:


Sec. 21. [518.718] SOCIAL SECURITY OR VETERANS' BENEFIT
PAYMENTS RECEIVED ON BEHALF OF THE CHILD.

(a) The amount of the monthly Social Security benefits or apportioned veterans'
benefits deleted text beginreceived by the child or on behalf of thedeleted text end new text beginprovided for a joint new text endchild shall be deleted text beginadded
to
deleted text end new text beginincluded in new text endthe gross income of the parent deleted text beginfor whom the disability or retirement benefit
was paid
deleted text endnew text begin on whose eligibility the benefits are basednew text end.

(b) The amount of the monthly survivors' and dependents' educational assistance
deleted text begin received by the child or on behalf of thedeleted text end new text beginprovided for a joint new text end child shall be deleted text beginadded todeleted text end
new text begin included in new text endthe gross income of the parent deleted text beginfor whom the disability or retirement benefit
was paid
deleted text endnew text begin on whose eligibility the benefits are basednew text end.

(c) If deleted text beginthedeleted text end Social Security or apportioned veterans' benefits are deleted text beginpaid on behalfdeleted text end
new text begin provided for a joint child based on the eligibility new text endof the obligor, and are received by the
obligee as a representative payee for the child or by the child attending school, then the
amount of the benefitsdeleted text begin maydeleted text end new text beginshall new text endalso be subtracted from the obligor's net child support
obligation as calculated pursuant to section 518.713.

(d) If the survivors' and dependents' educational assistance is deleted text beginpaid on behalfdeleted text end
new text begin provided for a joint child based on the eligibility new text endof the obligor, and is received by the
obligee as a representative payee for the child or by the child attending school, then the
amount of the assistance shall also be subtracted from the obligor's net child support
obligation as calculated deleted text beginpursuant todeleted text endnew text begin undernew text end section 518.713.

Sec. 32.

Laws 2005, chapter 164, section 22, subdivision 2, is amended to read:



Subd. 2. Order. (a) A completed national medical support notice issued by the
public authority or a court order that complies with this section is a qualified medical
child support order under the federal Employee Retirement Income Security Act of 1974
(ERISA), United States Code, title 29, section 1169(a).


(b) Every order addressing child support must state:

(1) the names, last known addresses, and Social Security numbers of the parents and
the joint child that is a subject of the order unless the court prohibits the inclusion of an
address or Social Security number and orders the parents to provide the address and Social
Security number to the administrator of the health plan;

(2) whether appropriate health care coverage for the joint child is available and, if
so, state:

(i) which deleted text beginpartydeleted text end new text beginparent new text endmust carry health care coverage;

(ii) the cost of premiums and how the cost is allocated between the deleted text beginpartiesdeleted text endnew text begin parentsnew text end;

(iii) how unreimbursed expenses will be allocated and collected by the deleted text beginpartiesdeleted text endnew text begin
parents
new text end; and

(iv) the circumstances, if any, under which the obligation to provide health care
coverage for the joint child will shift from one deleted text beginpartydeleted text endnew text begin parentnew text end to the other;new text begin andnew text end

(3) if appropriate health care coverage is not available for the joint child, whether a
contribution for medical support is requireddeleted text begin; anddeleted text endnew text begin.new text end

deleted text begin (4) whether the amount ordered for medical support is subject to a cost-of-living
adjustment under section 518.641.
deleted text end

Sec. 33.

Laws 2005, chapter 164, section 22, subdivision 3, is amended to read:



Subd. 3. Determining appropriate health care coverage. (a) In determining
whether a deleted text beginpartydeleted text end new text beginparent new text endhas appropriate health care coverage for the joint child, the court
must evaluate the health plan using the following factors:


(1) accessible coverage. Dependent health care coverage is accessible if the covered
joint child can obtain services from a health plan provider with reasonable effort by the
parent with whom the joint child resides. Health care coverage is presumed accessible if:

(i) primary care coverage is available within 30 minutes or 30 miles of the joint
child's residence and specialty care coverage is available within 60 minutes or 60 miles of
the joint child's residence;

(ii) the coverage is available through an employer and the employee can be expected
to remain employed for a reasonable amount of time; and

(iii) no preexisting conditions exist to delay coverage unduly;

(2) comprehensive coverage. Dependent health care coverage is new text beginpresumed
new text end comprehensive if it includesdeleted text begin, at a minimum,deleted text end medical and hospital coverage and provides
for preventive, emergency, acute, and chronic care. If both deleted text beginpartiesdeleted text end new text beginparents new text endhave health care
coverage that meets the minimum requirements, the court must determine which health
care coverage is more comprehensive by considering whether the coverage includes:

(i) basic dental coverage;

(ii) orthodontia;

(iii) eyeglasses;

(iv) contact lenses;

(v) mental health services; or

(vi) substance abuse treatment;

(3) affordable coverage. Dependent health care coverage is affordable if it is
reasonable in cost; and

(4) the joint child's special medical needs, if any.

(b) If both deleted text beginpartiesdeleted text end new text beginparents new text endhave health care coverage available for a joint child, and
the court determines under paragraph (a), clauses (1) and (2), that the available coverage is
comparable with regard to accessibility and comprehensiveness, the least costly health
care coverage is the presumed appropriate health care coverage for the joint child.

Sec. 34.

Laws 2005, chapter 164, section 22, subdivision 4, is amended to read:



Subd. 4. deleted text begindeleted text endOrdering health care coverage.deleted text begindeleted text end (a) If a joint child is presently enrolled
in health care coverage, the court must order that the parent who currently has the joint
child enrolled continue that enrollment unless the deleted text beginpartiesdeleted text end new text beginparents new text endagree otherwise or a
deleted text begin partydeleted text endnew text begin parentnew text end requests a change in coverage and the court determines that other health
care coverage is more appropriate.


(b) If a joint child is not presently enrolled in health care coverage, upon motion of a
deleted text begin partydeleted text end new text beginparent new text endor the public authority, the court must determine whether one or both deleted text beginpartiesdeleted text end
new text begin parents new text endhave appropriate health care coverage for the joint child and order the deleted text beginpartydeleted text end new text beginparent
new text end with appropriate health care coverage available to carry the coverage for the joint child.

(c) If only onedeleted text begin partydeleted text end new text beginparent new text endhas appropriate health care coverage available, the court
must order that deleted text beginpartydeleted text end new text beginparent new text endto carry the coverage for the joint child.

(d) If both deleted text beginpartiesdeleted text end new text beginparents new text endhave appropriate health care coverage available, the court
must order the parent with whom the joint child resides to carry the coverage for the
joint child, unless:

(1) either deleted text beginpartydeleted text end new text beginparent new text endexpresses a preference for coverage available through the
parent with whom the joint child does not reside;

(2) the parent with whom the joint child does not reside is already carrying
dependent health care coverage for other children and the cost of contributing to the
premiums of the other parent's coverage would cause the parent with whom the joint
child does not reside extreme hardship; or

(3) the parents agree to provide coverage and agree on the allocation of costs.

(e) If the exception in paragraph (d), clause (1) or (2), applies, the court must
determine which deleted text beginpartydeleted text end new text beginparent new text endhas the most appropriate coverage available and order that
deleted text begin partydeleted text end new text beginparent new text endto carry coverage for the joint child. If the court determines under subdivision
3, paragraph (a), clauses (1) and (2), that the deleted text beginparties'deleted text end new text beginparents' new text endhealth care coverage for
the joint child is comparable with regard to accessibility and comprehensiveness, the
court must presume that the deleted text beginpartydeleted text end new text beginparent new text endwith the least costly health care coverage to
carry coverage for the joint child.

(f) If neither deleted text beginpartydeleted text end new text beginparent new text endhas appropriate health care coverage available, the court
must order the parents to:

(1) contribute toward the actual health care costs of the joint children based on
a pro rata share; or

(2) if the joint child is receiving any form of medical assistance under chapter 256B
or MinnesotaCare under chapter 256L, the parent with whom the joint child does not
reside shall contribute a monthly amount toward the actual cost of medical assistance
under chapter 256B or MinnesotaCare under chapter 256L. The amount of contribution of
the noncustodial parent is the amount the noncustodial parent would pay for the child's
premiums if the noncustodial parent's new text beginPICS new text endincome meets the eligibility requirements for
public coverage. For purposes of determining the premium amount, the noncustodial
parent's household size is equal to one parent plus the child or children who are the
subject of the child support order. If the noncustodial parent's new text beginPICS new text endincome exceeds the
eligibility requirements for public coverage, the court must order the noncustodial parent's
contribution toward the full premium cost of the child's or children's coverage. The
custodial parent's obligation is determined under the requirements for public coverage as
set forth in chapter 256B or 256L. The court may order the parent with whom the child
resides to apply for public coverage for the child.

deleted text begin (g) A presumption of no less than $50 per month must be applied to the actual health
care costs of the joint children or to the cost of health care coverage.
deleted text end

deleted text begin (h)deleted text endnew text begin (g)new text end The commissioner of human services must publish a table with the premium
schedule for public coverage and update the chart for changes to the schedule by July
1 of each year.

Sec. 35.

Laws 2005, chapter 164, section 22, subdivision 16, is amended to read:



Subd. 16. deleted text beginIncome withholding;deleted text end Offset. (a) If a party deleted text begin owes no joint child support
obligation for a child
deleted text endnew text begin is the parent with primary physical custody as defined in section
518.54, subdivision 24,
new text end and is an obligor ordered to contribute to the other party's cost for
carrying health care coverage for the joint child, the deleted text beginobligordeleted text endnew text begin other party's child support
obligation
new text end is subject to an offset under subdivision 5 deleted text beginor income withholding under section
518.6111
deleted text end.


deleted text begin (b) If a party's court-ordered health care coverage for the joint child terminates and
the joint child is not enrolled in other health care coverage or public coverage, and a
modification motion is not pending, the public authority may remove the offset to a party's
child support obligation or terminate income withholding instituted against a party under
section 518.6111. The public authority must provide notice to the parties of the action.
deleted text end

new text begin (b) The public authority, if the public authority provides services, may remove the
offset to a party's child support obligation when:
new text end

new text begin (1) the party's court-ordered health care coverage for the joint child terminates;
new text end

new text begin (2) the party does not enroll the joint child in other health care coverage; and
new text end

new text begin (3) a modification motion is not pending.
new text end

new text begin The public authority must provide notice to the parties of the action.
new text end

(c) A party may contest the public authority's action to remove the offset to the child
support obligation deleted text beginor terminate income withholdingdeleted text end if the party makes a written request
for a hearing within 30 days after receiving written notice. If a party makes a timely
request for a hearing, the public authority must schedule a hearing and send written notice
of the hearing to the parties by mail to the parties' last known addresses at least 14 days
before the hearing. The hearing must be conducted in district court or in the expedited
child support process if section 484.702 applies. The district court or child support
magistrate must determine whether removing the offset deleted text beginor terminating income withholdingdeleted text end
is appropriate and, if appropriate, the effective date for the removal deleted text beginor terminationdeleted text end.

(d) If the party does not request a hearing, the deleted text begindistrict court or child support
magistrate must order the offset or income withholding termination
deleted text endnew text begin public authority will
remove the offset
new text end effective the first day of the month following termination of the joint
child's health care coverage.

Sec. 36.

Laws 2005, chapter 164, section 22, subdivision 17, is amended to read:



Subd. 17. Collecting unreimbursed deleted text beginanddeleted text endnew text begin ornew text end uninsured medical expenses. (a) new text beginThis
subdivision and subdivision 18 apply when a court order has determined and ordered the
parties' proportionate share and responsibility to contribute to unreimbursed or uninsured
medical expenses.
new text end

new text begin (b) new text endA partynew text begin requesting reimbursement of unreimbursed or uninsured medical
expenses
new text end must initiate a request deleted text beginfor reimbursement of unreimbursed and uninsured medical
expenses
deleted text end new text beginto the other party new text endwithin two years of the date that thenew text begin requestingnew text end party incurred
the unreimbursed or uninsured medical expenses. deleted text beginThe time period in this paragraph
does not apply if the location of the other party is unknown.
deleted text endnew text begin If a court order has been
signed ordering the contribution towards unreimbursed or uninsured expenses, a two-year
limitations provision must be applied to any requests made on or after January 1, 2007.
The provisions of this section apply retroactively to court orders signed before January 1,
2007. Requests for unreimbursed or uninsured expenses made on or after January 1, 2007,
may include expenses incurred before January 1, 2007, and on or after January 1, 2005.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end A new text beginrequesting new text endparty deleted text beginseeking reimbursement of unreimbursed and uninsured
medical expenses
deleted text end must mail a written notice of intent to collect thenew text begin unreimbursed or
uninsured medical
new text end expenses and a copy of an affidavit of health care expenses to the other
party at the other party's last known address.

deleted text begin (c)deleted text endnew text begin (d)new text end The written notice must include a statement that the new text beginother new text endparty has 30 days
from the date the notice was mailed to (1) pay in full; (2) deleted text beginenterdeleted text endnew text begin agree tonew text end a payment
deleted text begin agreementdeleted text endnew text begin schedulenew text end; or (3) file a motion requesting a hearing deleted text begincontesting the matterdeleted text endnew text begin to
contest the amount due or to set a court-ordered monthly payment amount
new text end. If the public
authority providesdeleted text begin support enforcementdeleted text end services, the written notice also must include a
statement thatnew text begin, if the other party does not respond within the 30 days,new text end the requesting party
deleted text begin mustdeleted text end new text beginmay new text endsubmit the amount due to the public authority for collection.

deleted text begin (d)deleted text endnew text begin (e)new text end The affidavit of health care expenses must itemize and document the joint
child's unreimbursed or uninsured medical expenses and include copies of all bills,
receipts, and insurance company explanations of benefits.

new text begin (f) If the other party does not respond to the request for reimbursement within
30 days, the requesting party may commence enforcement against the other party
under subdivision 18; file a motion for a court-ordered monthly payment amount under
paragraph (h); or notify the public authority, if the public authority provides services, that
the other party has not responded.
new text end

deleted text begin (e) Ifdeleted text endnew text begin (g) The notice tonew text end the public authority deleted text beginprovides support enforcement services,
the party seeking reimbursement must send to the public authority
deleted text endnew text begin must include:new text end a copy of
the written notice,new text begin a copy ofnew text end the deleted text beginoriginaldeleted text end affidavitnew text begin of health care expensesnew text end, and copies of all
bills, receipts, and insurance company explanations of benefits.

deleted text begin (f) If the party does not respond to the request for reimbursement within 30 days,
the party seeking reimbursement or public authority, if the public authority provides
support enforcement services, must commence an enforcement action against the party
under subdivision 18.
deleted text end

deleted text begin (g)deleted text endnew text begin (h) If noticed under paragraph (f),new text end the public authority must serve the other party
with a notice of intent to enforce unreimbursed and uninsured medical expenses and file
an affidavit of service by mail with the district court administrator. The notice must state
thatdeleted text begin, unlessdeleted text end thenew text begin othernew text end partynew text begin has 14 days tonew text end (1) deleted text beginpaysdeleted text endnew text begin paynew text end in full; new text beginor new text end(2) deleted text beginenters into a payment
agreement; or (3) files
deleted text endnew text begin filenew text end a motion deleted text begincontestingdeleted text endnew text begin to contestnew text end the deleted text beginmatter within 14 days of
service of the notice,
deleted text endnew text begin amount due or to set a court-ordered monthly payment amount. The
notice must also state that if there is no response within 14 days,
new text end the public authority will
commence enforcement of the expenses as deleted text beginmedical supportdeleted text end arrears under subdivision 18.

deleted text begin (h) If thedeleted text endnew text begin (i) To contest the amount due or set a court-ordered monthly payment
amount, a
new text end party deleted text beginfilesdeleted text endnew text begin must filenew text end a timely motion deleted text beginfor a hearing contesting the requested
reimbursement, the contesting party must
deleted text endnew text begin andnew text end schedule a hearing in district court or in
the expedited child support process if section 484.702 applies. The deleted text begincontestingdeleted text endnew text begin movingnew text end
party must provide the new text beginother new text endparty deleted text beginseeking reimbursementdeleted text end and the public authority, if the
public authority provides deleted text begin support enforcementdeleted text end services, with written notice deleted text beginof the hearingdeleted text end
at least 14 days before the hearing by mailing notice of the hearing to the public authority
andnew text begin tonew text end thenew text begin requestingnew text end party at thenew text begin requestingnew text end party's last known address. Thenew text begin movingnew text end party
deleted text begin seeking reimbursementdeleted text end must file the deleted text beginoriginaldeleted text end affidavit of health care expenses with the
court at least five days before the hearing. deleted text beginBased upon the evidence presented,deleted text end The district
court or child support magistrate must determine liability for the expenses and order that
the liable party is subject to enforcement of the expenses as deleted text beginmedical supportdeleted text end arrears under
subdivision 18new text begin or set a court-ordered monthly payment amountnew text end.

Sec. 37.

Laws 2005, chapter 164, section 22, subdivision 18, is amended to read:



Subd. 18. Enforcing deleted text beginan order fordeleted text endnew text begin unreimbursed or uninsured new text endmedical deleted text beginsupportdeleted text endnew text begin
expenses as
new text end arrears.
(a) deleted text beginIf a party liable fordeleted text end Unreimbursed deleted text beginanddeleted text endnew text begin ornew text end uninsured medical
expenses deleted text beginowes a child support obligation to the party seeking reimbursement of the
expenses, the expenses must be
deleted text endnew text begin enforced under this subdivision arenew text end collected as deleted text beginmedical
support
deleted text end arrears.


deleted text begin (b) If a party liable for unreimbursed and uninsured medical expenses does not owe
a child support obligation to the party seeking reimbursement, and the party seeking
reimbursement owes the liable party basic support arrears, the liable party's medical
support arrears must be deducted from the amount of the basic support arrears.
deleted text end

deleted text begin (c) If a liable party owes medical support arrears after deducting the amount owed
from the amount of the child support arrears owed by the party seeking reimbursement,
it must be collected as follows:
deleted text end

deleted text begin (1) if the party seeking reimbursement owes a child support obligation to the liable
party, the child support obligation must be reduced by 20 percent until the medical support
arrears are satisfied;
deleted text end

deleted text begin (2) if the party seeking reimbursement does not owe a child support obligation to
the liable party, the liable party's income must be subject to income withholding under
section 518.6111 for an amount required under section 518.553 until the medical support
arrears are satisfied; or
deleted text end

deleted text begin (3) if the party seeking reimbursement does not owe a child support obligation, and
income withholding under section 518.6111 is not available, payment of the medical
support arrears must be required under a payment agreement under section 518.553.
deleted text end

deleted text begin (d) If a liable party fails to enter into or comply with a payment agreement, the party
seeking reimbursement or the public authority, if it provides support enforcement services,
may schedule a hearing to have a court order payment. The party seeking reimbursement
or the public authority must provide the liable party with written notice of the hearing at
least 14 days before the hearing.
deleted text end

new text begin (b) If the liable party is the parent with primary physical custody as defined in
section 518.54, subdivision 24, the unreimbursed or uninsured medical expenses must be
deducted from any arrears the requesting party owes the liable party. If unreimbursed or
uninsured expenses remain after the deduction, the expenses must be collected as follows:
new text end

new text begin (1) If the requesting party owes a current child support obligation to the liable party,
20 percent of each payment received from the requesting party must be returned to the
requesting party. The total amount returned to the requesting party each month must not
exceed 20 percent of the current monthly support obligation.
new text end

new text begin (2) If the requesting party does not owe current child support or arrears, a payment
agreement under section 518.553 is required. If the liable party fails to enter into or
comply with a payment agreement, the requesting party or the public authority, if the
public authority provides services, may schedule a hearing to set a court-ordered payment.
The requesting party or the public authority must provide the liable party with written
notice of the hearing at least 14 days before the hearing.
new text end

new text begin (c) If the liable party is not the parent with primary physical custody as defined in
section 518.54, subdivision 24, the unreimbursed or uninsured medical expenses must be
deducted from any arrears the requesting party owes the liable party. If unreimbursed or
uninsured expenses remain after the deduction, the expenses must be added and collected
as arrears owed by the liable party.
new text end

Sec. 38.

Laws 2005, chapter 164, section 23, subdivision 1, is amended to read:


Subdivision 1. Child care costs. Unless otherwise agreed to by the parties and
approved by the court, the court must order that work-related or education-related child
care costs of joint children be divided between the obligor and obligee based on their
proportionate share of the parties' combined monthly deleted text beginparental income for determining
child support
deleted text endnew text begin PICSnew text end. Child care costs shall be adjusted by the amount of the estimated
federal and state child care credit payable on behalf of a joint child. The Department of
Human Services shall develop tables to calculate the applicable credit based upon the
custodial parent's deleted text beginparental income for determining child supportdeleted text endnew text begin PICSnew text end.

Sec. 39.

Laws 2005, chapter 164, section 23, subdivision 2, is amended to read:


Subd. 2. Low-income obligor. (a) If the obligor's deleted text beginparental income for determining
child support
deleted text end new text beginPICS new text endmeets the income eligibility requirements for child care assistance
under the basic sliding fee program under chapter 119B, the court must order the obligor
to pay the lesser of the following amounts:

(1) the amount of the obligor's monthly co-payment for child care assistance under
the basic sliding fee schedule established by the commissioner of education under chapter
119B, based on an obligor's monthly deleted text beginparental income for determining child supportdeleted text end new text beginPICS
new text end and the size of the obligor's household provided that the obligee is actually receiving child
care assistance under the basic sliding fee program. For purposes of this subdivision,
the obligor's household includes the obligor and the number of joint children for whom
child support is being ordered; or

(2) the amount of the obligor's child care obligation under subdivision 1.

(b) The commissioner of human services must publish a table with the child care
assistance basic sliding fee amounts and update the table for changes to the basic sliding
fee schedule by July 1 of each year.

Sec. 40.

Laws 2005, chapter 164, section 24, is amended to read:


Sec. 24. [518.722] PARENTING EXPENSE ADJUSTMENT.

new text begin Subdivision 1. new text end

new text begin General. new text end

(a) deleted text beginThis section shall apply when the amount of parenting
time granted to an obligor is ten percent or greater.
deleted text endnew text begin The parenting expense adjustment
under this section reflects the presumption that while exercising parenting time, a parent is
responsible for and incurs costs of caring for the child, including, but not limited to, food,
transportation, recreation, and household expenses.
new text endEvery child support order shall specify
the deleted text begintotal percentdeleted text end new text beginpercentage new text endof parenting time granted to new text beginor presumed for new text endeach parent. new text begin For
purposes of this section, the percentage of parenting time means the percentage of time a
child is scheduled to spend with the parent during a calendar year according to a court
order. Parenting time includes time with the child whether it is designated as visitation,
physical custody, or parenting time. The percentage of parenting time may be determined
by calculating the number of overnights that a child spends with a parent, or by using a
method other than overnights if the parent has significant time periods on separate days
where the child is in the parent's physical custody and under the direct care of the parent
but does not stay overnight. The court may consider the age of the child in determining
whether a child is with a parent for a significant period of time.
new text end

new text begin (b) If there is not a court order awarding parenting time, the court shall determine
the child support award without consideration of the parenting expense adjustment. If a
parenting time order is subsequently issued or is issued in the same proceeding, then the
child support order shall include application of the parenting expense adjustment.
new text end

new text begin Subd. 2. new text end

new text begin Calculation of parenting expense adjustment. new text end

deleted text begin(b)deleted text end The obligor deleted text beginshall
be
deleted text endnew text begin isnew text end entitled to a parenting expense adjustment calculated as deleted text beginfollowsdeleted text endnew text begin provided in this
subdivision. The court shall
new text end:

(1) find the adjustment percentage corresponding to the percentage of parenting
time allowed to the obligor below:

Percentage Range of
Adjustment
Parenting Time
Percentage
(i)
less than 10 percent
no adjustment
(ii)
10 percent to 45 percent
12 percent
(iii)
45.1 percent to 50 percent
presume parenting time is equal

(2) multiply the adjustment percentage by the obligor's basic child support obligation
to arrive at the parenting expense adjustmentdeleted text begin.deleted text endnew text begin; and new text end

deleted text begin (c)deleted text end new text begin(3) new text endsubtract the parenting expense adjustment from the obligor's basic child
support obligation. The result is the obligor's new text beginbasic support new text endobligation after parenting
expense adjustment.

new text begin Subd. 3. new text end

new text begin Calculation of basic support when parenting time presumed equal.
new text end

deleted text begin (d)deleted text end new text begin (a) new text endIf the parenting time is equaldeleted text begin, the expenses for the children are equally shared,deleted text end
and the parental incomes for determining child support of the parents also are equal, no
new text begin basicnew text end support shall be paidnew text begin unless the court determines that the expenses for the child are
not equally shared
new text end.

deleted text begin (e)deleted text endnew text begin (b) new text end If the parenting time is equal but the parents' parental incomes for determining
child support are not equal, the parent having the greater parental income for determining
child support shall be obligated for basic child support, calculated as follows:

(1) multiply the combined basic support new text begincalculated under section 518.713 new text endby deleted text begin1.5deleted text endnew text begin
0.75
new text end;

(2) prorate the deleted text beginbasic child support obligationdeleted text end new text beginamount under clause (1) new text endbetween the
parentsdeleted text begin, deleted text endnew text begin based on each parent's proportionate share of the combined PICS; and
new text end

new text begin (3) new text endsubtract the lower amount from the higher amount deleted text beginand divide the balance in
half; and
deleted text endnew text begin.new text end

deleted text begin (3)deleted text end The resulting figure is the obligation after parenting expense adjustment for the
parent with the greater deleted text beginadjusted gross deleted text endnew text beginparental new text endincomenew text begin for determining child supportnew text end.

deleted text begin (f) This parenting expense adjustment reflects the presumption that while exercising
parenting time, a parent is responsible for and incurs costs of caring for the child,
including, but not limited to, food, transportation, recreation, and household expenses.
deleted text end

deleted text begin (g) In the absence of other evidence, there is a rebuttable presumption that each
parent has 25 percent of the parenting time for each joint child.
deleted text end

Sec. 41.

Laws 2005, chapter 164, section 25, is amended to read:


Sec. 25. [518.724] ABILITY TO PAY; SELF-SUPPORT ADJUSTMENT.

new text begin Subdivision 1. new text end

new text begin Ability to pay. new text end

new text begin(a) new text endIt is a rebuttable presumption that a child support
order should not exceed the obligor's ability to pay. To determine the amount of child
support the obligor has the ability to pay, new text beginthe court shall new text endfollow the procedure set out
in this sectiondeleted text begin:deleted text endnew text begin.new text end

deleted text begin (1)deleted text endnew text begin (b) The court shall new text end calculate the obligor's income available for support by
subtracting a monthly self-support reserve equal to 120 percent of the federal poverty
guidelines for one person from the obligor's gross incomedeleted text begin;deleted text endnew text begin. If the obligor's income
available for support calculated under this paragraph is equal to or greater than the
obligor's support obligation calculated under section 518.713, the court shall order child
support under section 518.713.
new text end

deleted text begin (2) compare the obligor's income available for support from clause (1) to the amount
of support calculated as per section 518.713, clauses (1) to (15). The amount of child
support that is presumed to be correct, as defined in section 518.713, is the lesser of
these two amounts;
deleted text end

deleted text begin (3) this section does not apply to an incarcerated obligor;deleted text end

deleted text begin (4) if the obligor's child support is reduced under clause (2),deleted text end new text begin (c) If the obligor's
income available for support calculated under paragraph (b) is more than the minimum
support amount under subdivision 2, but less than the guideline amount under section
518.713,
new text endthen the court deleted text beginmustdeleted text end new text beginshall new text endapply deleted text beginthedeleted text end new text begina new text endreduction to the child support obligation
in the following ordernew text begin, until the support order is equal to the obligor's income available
for support
new text end:

deleted text begin (i)deleted text end new text begin(1) new text endmedical support obligation;

deleted text begin (ii)deleted text end new text begin(2) new text endchild deleted text beginsupportdeleted text end care new text beginsupport new text endobligation; and

deleted text begin (iii)deleted text end new text begin(3) new text endbasic support obligationdeleted text begin; anddeleted text endnew text begin.new text end

new text begin (d) If the obligor's income available for support calculated under paragraph (b) is
equal to or less than the minimum support amount under subdivision 2 or if the obligor's
gross income is less than 120 percent of the federal poverty guidelines for one person,
the minimum support amount under subdivision 2 applies.
new text end

deleted text begin (5) deleted text end new text begin Subd. 2. new text end

Minimum basic support amount. new text begin(a) new text endIf thedeleted text begin obligor's income available
for support is less than the self-support reserve
deleted text endnew text begin basic support amount appliesnew text end, deleted text beginthendeleted text end the court
must order new text beginthe following amount as the new text endminimum new text beginbasic new text endsupport deleted text beginas followsdeleted text endnew text begin obligationnew text end:

deleted text begin (i)deleted text end new text begin(1) new text endfor one or two children, the obligor's basic support obligation is $50 per
month;

deleted text begin (ii)deleted text end new text begin(2) new text endfor three or four children, the obligor's basic support obligation is $75 per
month; and

deleted text begin (iii)deleted text end new text begin(3) new text endfor five or more children, the obligor's basic support obligation is $100
per month.

new text begin (b) new text endIf the court orders the obligor to pay the minimum basic support amount under
this deleted text beginparagraphdeleted text endnew text begin subdivisionnew text end, the obligor is presumed unable to pay child care support
and medical support.

If the court finds the obligor receives no income and completely lacks the ability to earn
income, the minimum basic support amount under this deleted text beginparagraphdeleted text end new text begin subdivision new text enddoes not
apply.

new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin This section does not apply to an obligor who is incarcerated.
new text end

Sec. 42.

Laws 2005, chapter 164, section 26, subdivision 2, as amended by Laws 2005,
First Special Session chapter 7, section 27, subdivision 2, is amended to read:



Subd. 2. Basic support; guideline. Unless otherwise agreed to by the parents
and approved by the court, when establishing basic support, the court must order that
basic support be divided between the parents based on their proportionate share of the
parents' combined monthly parental income for determining child supportdeleted text begin, as determined
under section 518.54, subdivision 15
deleted text endnew text begin (PICS)new text end. Basic support must be computed using
the following guideline:

Combined Parental
Number of Children
Income for
Determining Child
Support
One
Two
Three
Four
Five
Six
$0- $799
$50
$50
$75
$75
$100
$100
800-899
80
129
149
173
201
233
900-999
90
145
167
194
226
262
1,000- 1,099
116
161
186
216
251
291
1,100- 1,199
145
205
237
275
320
370
1,200- 1,299
177
254
294
341
396
459
1,300- 1,399
212
309
356
414
480
557
1,400- 1,499
251
368
425
493
573
664
1,500- 1,599
292
433
500
580
673
780
1,600- 1,699
337
502
580
673
781
905
1,700- 1,799
385
577
666
773
897
1,040
1,800- 1,899
436
657
758
880
1,021
1,183
1,900- 1,999
490
742
856
994
1,152
1,336
2,000- 2,099
516
832
960
1,114
1,292
1,498
2,100- 2,199
528
851
981
1,139
1,320
1,531
2,200- 2,299
538
867
1,000
1,160
1,346
1,561
2,300- 2,399
546
881
1,016
1,179
1,367
1,586
2,400- 2,499
554
893
1,029
1,195
1,385
1,608
2,500- 2,599
560
903
1,040
1,208
1,400
1,625
2,600- 2,699
570
920
1,060
1,230
1,426
1,655
2,700- 2,799
580
936
1,078
1,251
1,450
1,683
2,800- 2,899
589
950
1,094
1,270
1,472
1,707
2,900- 2,999
596
963
1,109
1,287
1,492
1,730
3,000- 3,099
603
975
1,122
1,302
1,509
1,749
3,100- 3,199
613
991
1,141
1,324
1,535
1,779
3,200- 3,299
623
1,007
1,158
1,344
1,558
1,807
3,300- 3,399
deleted text begin632deleted text endnew text begin636
new text end
1,021
1,175
1,363
1,581
1,833
3,400- 3,499
deleted text begin640deleted text endnew text begin650
new text end
1,034
1,190
1,380
1,601
1,857
3,500- 3,599
deleted text begin648deleted text endnew text begin664
new text end
1,047
1,204
1,397
1,621
1,880
3,600- 3,699
deleted text begin657deleted text endnew text begin 677
new text end
1,062
1,223
1,418
1,646
1,909
3,700- 3,799
deleted text begin667deleted text endnew text begin 691
new text end
1,077
1,240
1,439
1,670
1,937
3,800- 3,899
deleted text begin676deleted text endnew text begin 705
new text end
1,081
1,257
1,459
1,693
1,963
3,900- 3,999
deleted text begin684deleted text endnew text begin 719
new text end
1,104
1,273
1,478
1,715
1,988
4,000- 4,099
deleted text begin692deleted text endnew text begin 732
new text end
1,116
1,288
1,496
1,736
2,012
4,100- 4,199
deleted text begin701deleted text endnew text begin 746
new text end
1,132
1,305
1,516
1,759
2,039
4,200- 4,299
deleted text begin710deleted text endnew text begin 760
new text end
1,147
1,322
1,536
1,781
2,064
4,300- 4,399
deleted text begin718deleted text endnew text begin 774
new text end
1,161
1,338
1,554
1,802
2,088
4,400- 4,499
deleted text begin726deleted text endnew text begin 787
new text end
1,175
1,353
1,572
1,822
2,111
4,500- 4,599
deleted text begin734deleted text endnew text begin 801
new text end
1,184
1,368
1,589
1,841
2,133
4,600- 4,699
deleted text begin743deleted text endnew text begin 808
new text end
1,200
1,386
1,608
1,864
2,160
4,700- 4,799
deleted text begin753deleted text endnew text begin 814
new text end
1,215
1,402
1,627
1,887
2,186
4,800- 4,899
deleted text begin762deleted text endnew text begin 820
new text end
1,231
1,419
1,645
1,908
2,212
4,900- 4,999
deleted text begin771deleted text endnew text begin 825
new text end
1,246
1,435
1,663
1,930
2,236
5,000- 5,099
deleted text begin780deleted text endnew text begin 831
new text end
1,260
1,450
1,680
1,950
2,260
5,100- 5,199
deleted text begin788deleted text endnew text begin 837
new text end
1,275
1,468
1,701
1,975
2,289
5,200- 5,299
deleted text begin797deleted text endnew text begin 843
new text end
1,290
1,485
1,722
1,999
2,317
5,300- 5,399
deleted text begin805deleted text endnew text begin 849
new text end
1,304
1,502
1,743
2,022
2,345
5,400- 5,499
deleted text begin812deleted text endnew text begin 854
new text end
1,318
1,518
1,763
2,046
2,372
5,500- 5,599
deleted text begin820deleted text endnew text begin 860
new text end
1,331
1,535
1,782
2,068
2,398
5,600- 5,699
deleted text begin829deleted text endnew text begin 866
new text end
1,346
1,551
1,801
2,090
2,424
5,700- 5,799
deleted text begin838deleted text endnew text begin 873
new text end
1,357
1,568
1,819
2,111
2,449
5,800- 5,899
deleted text begin847deleted text endnew text begin 881
new text end
1,376
1,583
1,837
2,132
2,473
5,900- 5,999
deleted text begin856deleted text endnew text begin 888
new text end
1,390
1,599
1,855
2,152
2,497
6,000- 6,099
deleted text begin864deleted text endnew text begin 895
new text end
1,404
1,604
1,872
2,172
2,520
6,100- 6,199
deleted text begin874deleted text endnew text begin 902
new text end
1,419
1,631
1,892
2,195
2,546
6,200- 6,299
deleted text begin883deleted text endnew text begin 909
new text end
1,433
1,645
1,912
2,217
2,572
6,300- 6,399
deleted text begin892deleted text endnew text begin 916
new text end
1,448
1,664
1,932
2,239
2,597
6,400- 6,499
deleted text begin901deleted text endnew text begin 923
new text end
1,462
1,682
1,951
2,260
2,621
6,500- 6,599
deleted text begin910deleted text endnew text begin 930
new text end
1,476
1,697
1,970
2,282
2,646
6,600- 6,699
deleted text begin919deleted text endnew text begin 936
new text end
1,490
1,713
1,989
2,305
2,673
6,700- 6,799
deleted text begin927deleted text endnew text begin 943
new text end
1,505
1,730
2,009
2,328
2,700
6,800- 6,899
deleted text begin936deleted text endnew text begin 950
new text end
1,519
1,746
2,028
2,350
2,727
6,900- 6,999
deleted text begin944deleted text endnew text begin 957
new text end
1,533
1,762
2,047
2,379
deleted text begin 2,753
deleted text endnew text begin 2,747
new text end
7,000- 7,099
deleted text begin952deleted text endnew text begin 963
new text end
1,547
1,778
2,065
2,394
deleted text begin 2,779
deleted text endnew text begin 2,753
new text end
7,100- 7,199
deleted text begin961deleted text endnew text begin 970
new text end
1,561
1,795
2,085
2,417
deleted text begin 2,805
deleted text endnew text begin 2,758
new text end
7,200- 7,299
deleted text begin971deleted text endnew text begin 974
new text end
1,574
1,812
2,104
2,439
deleted text begin 2,830
deleted text endnew text begin 2,764
new text end
7,300- 7,399
980
1,587
1,828
2,123
2,462
deleted text begin 2,854
deleted text endnew text begin 2,769
new text end
7,400- 7,499
989
1,600
1,844
2,142
2,483
deleted text begin 2,879
deleted text endnew text begin 2,775
new text end
7,500- 7,599
998
1,613
1,860
2,160
2,505
deleted text begin 2,903
deleted text endnew text begin 2,781
new text end
7,600- 7,699
1,006
1,628
1,877
2,180
2,528
deleted text begin 2,929
deleted text endnew text begin 2,803
new text end
7,700- 7,799
1,015
1,643
1,894
2,199
2,550
deleted text begin 2,955
deleted text endnew text begin 2,833
new text end
7,800- 7,899
1,023
1,658
1,911
2,218
2,572
deleted text begin 2,981
deleted text endnew text begin 2,864
new text end
7,900- 7,999
1,032
1,673
1,928
2,237
2,594
deleted text begin 3,007
deleted text endnew text begin 2,894
new text end
8,000- 8,099
1,040
1,688
1,944
2,256
2,616
deleted text begin 3,032
deleted text endnew text begin 2,925
new text end
8,100- 8,199
1,048
1,703
1,960
2,274
2,637
deleted text begin 3,057
deleted text endnew text begin 2,955
new text end
8,200- 8,299
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8,300 -8,399
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8,400- 8,499
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8,500- 8,599
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8,600- 8,699
1,092
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8,700- 8,799
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8,800- 8,899
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8,900- 8,999
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9,000- 9,099
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9,100- 9,199
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9,200- 9,299
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9,500- 9,599
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9,600- 9,699
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9,700- 9,799
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9,800- 9,899
1,245
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9,900- 9,999
1,257
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10,000-10,099
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10,100-10,199
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10,200-10,299
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10,300-10,399
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10,400-10,499
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10,500-10,599
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10,600-10,699
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10,700-10,799
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10,800-10,899
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10,900-10,999
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11,000-11,099
1,397
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11,100-11,199
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2,642
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11,200-11,299
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2,666
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11,300-11,399
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11,400-11,499
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2,713
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11,500-11,599
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11,600-11,699
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11,800-11,899
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13,800-13,899
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14,500-14,599
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14,700-14,799
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14,800-14,899
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14,900-14,999
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new text end
15,000, or the
amount in effect
under subd. 4
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new text end
deleted text begin5,565
deleted text endnew text begin 4,319
new text end

Sec. 43.

Laws 2005, chapter 164, section 31, is amended to read:


Sec. 31. REPEALER.

Minnesota Statutes 2004, sections 518.171; deleted text begin518.54, subdivisions 2, 4, and 4a;deleted text end and
518.551, subdivisions 1, 5a, 5c, and 5f, are repealed.

Sec. 44.

Laws 2005, chapter 164, section 32, the effective date, is amended to read:


Sec. 32. EFFECTIVE DATE.

Except as otherwise deleted text beginprovideddeleted text endnew text begin indicatednew text end, this act is effective January 1, 2007deleted text begin, and
applies to orders adopted or modified after that date
deleted text end.new text begin The provisions of this act apply to
all support orders in effect prior to January 1, 2007, except that the provisions used to
calculate parties' support obligations apply to actions or motions filed after January 1,
2007. The provisions of this act used to calculate parties' support obligations apply to
actions or motions for past support or reimbursement filed after January 1, 2007.
new text end Sections
1 to 3 of this act are effective July 1, 2005.

Sec. 45.

2006 H.F. No. 2656, article 5, section 48, the effective date, if enacted,
is amended to read:


EFFECTIVE DATE.

new text beginnew text endThis section is effective deleted text beginJuly 1, 2006deleted text endnew text begin August 1, 2006, for
protective orders issued by a tribal court in Minnesota and August 1, 2007, for all other
foreign protective orders
new text end.

Sec. 46. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change cross-references in Minnesota Statutes from
section 518.171 to section 518.719.
new text end

Sec. 47. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 518.54, subdivision 6, new text end new text begin and new text end

new text begin Laws 2005, chapter
164, section 12,
new text end new text begin are repealed.
new text end