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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language


                         Laws of Minnesota 1983 

                        CHAPTER 283--S.F.No. 1152
           An act relating to marriage dissolution; clarifying 
          factors to be considered in modifying a child support 
          order; amending Minnesota Statutes 1982, section 
          518.64, subdivision 2. 
    Section 1.  Minnesota Statutes 1982, section 518.64, 
subdivision 2, is amended to read: 
    Subd. 2.  The terms of a decree respecting maintenance or 
support may be modified upon a showing of substantially 
increased or decreased earnings of a party or substantially 
increased or decreased need of a party, which makes the terms 
unreasonable and unfair.  On a motion for modification of 
support, the court shall take into consideration the needs of 
the children and the financial circumstances of the custodial 
parent's each party's spouse, if any.  A modification which 
decreases support or maintenance may be made retroactive only 
upon a showing that any failure to pay in accord with the terms 
of the original order was not willful.  A modification which 
increases support or maintenance shall not be made retroactive 
if the obligor has substantially complied with the previous 
order.  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.  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. 
     Sec. 2.  [EFFECTIVE DATE.] 
     This act is effective the day following final enactment. 
    Approved June 6, 1983