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Minnesota Session Laws - 1983, Regular Session

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


  

                         Laws of Minnesota 1983 

                        CHAPTER 308--S.F.No. 545
           An act relating to welfare; changing laws relating to 
          child support enforcement; providing for determination 
          of paternity; providing for determination and 
          modification of child support; amending Minnesota 
          Statutes 1982, sections 256.74, by adding a 
          subdivision; 256.87, and by adding subdivisions; 
          257.55, subdivision 1; 257.58; 257.59, subdivision 1; 
          257.60; 257.62, subdivision 1, and by adding a 
          subdivision; 257.64, subdivision 1; 257.66, 
          subdivisions 3 and 4; 257.69, subdivision 2; 518.10; 
          518.17, by adding a subdivision; 518.551, subdivisions 
          1, 5, and 6, and by adding subdivisions; 518.611; 
          518.64, subdivisions 2 and 5; 518.645; 518B.01, 
          subdivisions 2 and 6; 518C.17, subdivision 1; 518C.33, 
          subdivision 1; and 548.09; proposing new law coded in 
          Minnesota Statutes, chapters 257, 518, and 543; 
          repealing Minnesota Statutes 1982, sections 256.87, 
          subdivision 2; 256.872; 256.873; 256.876; and 518.551, 
          subdivisions 2, 3, and 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 256.74, is 
amended by adding a subdivision to read: 
    Subd. 5.  [ASSIGNMENT OF SUPPORT AND MAINTENANCE RIGHTS.] 
An applicant for assistance, or a recipient of assistance, under 
sections 256.72 to 256.87 is considered to have assigned to the 
public agency responsible for child support enforcement at the 
time of application all rights to child support and maintenance 
from any other person the applicant may have in his own behalf 
or in the behalf of any other family member for whom application 
is made.  The assignment:  
    (1) is effective as to both current and accrued child 
support and maintenance obligations;  
    (2) takes effect upon a determination that the applicant is 
eligible for assistance under sections 256.72 to 256.87;  
    (3) terminates when an applicant ceases to receive 
assistance under sections 256.72 to 256.87, except with respect 
to the amount of any unpaid support or maintenance obligation, 
or both, accrued under the assignment.  
    Sec. 2.  Minnesota Statutes 1982, section 256.87, is 
amended to read:  
    256.87 [CONTRIBUTION BY PARENTS; AMENDMENTS; REPEALS.] 
    Subdivision 1.  [ACTIONS AGAINST PARENTS FOR ASSISTANCE 
FURNISHED.] At any time during the continuance of assistance to 
a child granted under sections 256.72 to 256.87 except as set 
forth below, a parent of a child is liable for the amount of 
assistance furnished during the two years immediately preceding 
the commencement of the action which the parent is reasonably 
able to pay.  Provided, however, that where child support has 
been previously ordered, the state or county agency providing 
the assistance, as assignee of the obligee, shall be entitled to 
judgments for child support payments accruing within ten years 
preceding the date of the commencement of the action to 
collect.  The action may be ordered by the state agency or 
county agency and shall be brought in the name of the county by 
the county attorney of the county in which the assistance was 
granted, or by the state agency against the parent for the 
recovery of the amount of assistance granted, together with the 
costs and disbursements of the action.  
    Subd. 1a.  [CONTINUING SUPPORT CONTRIBUTIONS.] In addition 
to granting the county or state agency a money judgment, the 
court may, upon a motion or order to show cause, order 
continuing support contributions by a parent found able to 
reimburse the county or state agency.  Except as provided in 
subdivision 4, the order shall be effective only for the period 
of time during which the recipient receives public assistance 
from the any county or state agency and for 90 days thereafter 
the order shall require support according to chapter 518.  An 
order for continuing contributions is reinstated without further 
hearing upon notice to the parent by the any county or state 
agency that assistance is again being provided for the child of 
the parent under sections 256.72 to 256.87.  The notice shall be 
in writing and shall indicate that the parent may request a 
hearing for modification of the amount of support or maintenance 
, the amount required to be paid, and the conditions under which 
income withholding can occur.  In any order modifying the amount 
of support or maintenance, the court may, if appropriate, make 
the modification retroactive to the date of automatic 
reinstatement.  
    Subd. 2.  [NOT TO BE VESTED RIGHT.] All assistance granted 
under those sections shall be deemed to be granted and to be 
held subject to the provisions of any amending or repealing act 
that may hereafter be passed.  No recipient shall have any claim 
for compensation, or otherwise, by reason of his assistance 
being affected in any way by any amending or repealing act.  
    Subd. 3.  [CONTINUING CONTRIBUTIONS TO FORMER RECIPIENT.] 
The order for continuing support contributions shall remain in 
effect following the 90 day period after public assistance 
granted under sections 256.72 to 256.87 is terminated if:  
    (a) the former recipient files an affidavit with the court 
within 90 days of the termination of assistance requesting that 
the support order remain in effect;  
    (b) the public authority serves written notice of the 
filing by mail on the parent responsible for making the support 
payments at that parent's last known address and notice that the 
parent may move the court under section 518.64 to modify the 
order respecting the amount of support or maintenance; and 
    (c) the former recipient makes an application to use the 
public authority's collection services.  
    Subd. 4.  [ORDER FOR MODIFICATION.] In any order modifying 
the amount of support or maintenance under this section, the 
court may make the modification retroactive to the date public 
assistance was terminated or reinstated.  
    Subd. 5.  [CHILD NOT RECEIVING ASSISTANCE.] A parent having 
custody of a dependent child not receiving assistance under 
sections 256.72 to 256.87 has a cause of action for child 
support against the child's absent parent.  Upon an order to 
show cause and a motion served on the absent parent, the court 
shall order child support payments from the absent parent under 
chapter 518.  
    Sec. 3.  [257.541] [CUSTODY AND VISITATION OF CHILDREN BORN 
OUTSIDE OF MARRIAGE.] 
    Subdivision 1.  [MOTHER'S RIGHT TO CUSTODY.] The natural 
mother of a child born to a mother who was not married to the 
child's father neither when the child was born nor when the 
child was conceived has sole custody of the child until 
paternity has been established.  
    Subd. 2.  [FATHER'S RIGHT TO VISITATION.] (a) If paternity 
has been acknowledged under section 257.34 and paternity has 
been established under sections 257.51 to 257.74, the father's 
rights of visitation or custody are determined under sections 
518.17 and 518.175.  
    (b) If paternity has not been acknowledged under section 
257.34 and paternity has been established under sections 257.51 
to 257.74, the natural father may petition for rights of 
visitation or custody in a separate proceeding under section 
518.156.  
    Sec. 4.  Minnesota Statutes 1982, section 257.55, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PRESUMPTION.] A man is presumed to be the 
natural father of a child if:  
    (a) He and the child's natural 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;  
     (b) Before the child's birth, he and the child's natural 
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 natural 
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 district court or the state registrar of 
vital statistics;  
    (2) with his consent, he is named as the child's father on 
the child's birth certificate; 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 natural child; or 
    (e) He acknowledges and the child's natural mother 
acknowledge his paternity of the child in a writing signed by 
both of them under section 257.34 and filed with the district 
court or the state registrar of vital statistics, which shall 
promptly inform the mother of the filing of the acknowledgment, 
and she does not within a reasonable time after being informed 
thereof dispute the acknowledgment in a writing filed with the 
district court or the state registrar of vital statistics.  If 
another man is presumed under this clause 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.  
    Sec. 5.  Minnesota Statutes 1982, section 257.58, is 
amended to read: 
    257.58 [LIMITATION OF ACTIONS; EXCEPTIONS.] 
    Subdivision 1.  [ACTIONS FOR CHILDREN WITHOUT A PRESUMED 
FATHER.] Except for (a) an action brought by or on behalf of a 
child whose paternity has not been determined, and (b) an action 
brought by the public authority responsible for child support 
enforcement, if a child is over three years old when he or she 
first receives public assistance in the state of Minnesota, an 
action to determine the existence of the father and child 
relationship as to a child who has no presumed father under 
section 257.55 may not be brought later than three years after 
the birth of the child, or later than three years after August 
1, 1980, whichever is later.  An action brought by or on behalf 
of a child whose paternity has not been determined is not barred 
until one year after the child reaches the age of majority.  If 
a child is over three years old when he or she first receives 
public assistance in the state of Minnesota, an action brought 
by the public authority responsible for child support 
enforcement is not barred until three years after the public 
assistance is first provided in this state.  
    Subd. 2.  [HEIRSHIP.] Section 257.57 and this section do 
not extend the time within which a right of inheritance or a 
right to a succession may be asserted beyond the time provided 
by law relating to distribution and closing of decedents' 
estates or to the determination of heirship, or otherwise.  
    Sec. 6.  Minnesota Statutes 1982, section 257.59, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COURT JURISDICTION.] Except in Hennepin 
and Ramsey counties, the county court has jurisdiction of an 
action brought under sections 257.51 to 257.74.  In Hennepin and 
Ramsey counties, the district court has jurisdiction of an 
action brought under sections 257.51 to 257.74.  The action may 
be joined with an action for dissolution, annulment, legal 
separation, custody under chapter 518, or reciprocal enforcement 
of support.  
    Sec. 7.  Minnesota Statutes 1982, section 257.60, is 
amended to read: 
    257.60 [PARTIES.] 
    The child may be made a party to the action.  If the child 
is a minor and is made a party, a general guardian or a guardian 
ad litem shall be appointed by the court to represent the 
child.  The child's mother or father may not represent the child 
as guardian or otherwise.  The court may appoint the 
commissioner of public welfare as guardian ad litem for the 
child.  If the child is a minor and the case involves a 
compromise under section 257.64, subdivision 1 or a lump sum 
payment under section 257.66, subdivision 4, the child and the 
commissioner of public welfare shall each be made a party and 
the commissioner of public welfare shall be appointed as 
guardian ad litem before the court approves a compromise or 
orders a lump sum payment.  The natural mother, each man 
presumed to be the father under section 257.55, and each man 
alleged to be the natural father, shall be made parties or, if 
not subject to the jurisdiction of the court, shall be given 
notice of the action in a manner prescribed by the court and 
shall be given an opportunity to be heard.  A person who may 
bring an action under section 257.57 may be made a party to the 
action.  The court may align the parties.  
    Sec. 8.  Minnesota Statutes 1982, section 257.62, 
subdivision 1, is amended to read: 
    Subdivision 1.  [BLOOD TESTS REQUIRED.] The court may, and 
upon request of a party shall, require the child, mother, or 
alleged father to submit to blood tests or genetic tests, or 
both.  If the alleged father is dead, the court may, and upon 
request of a party shall, require the decedent's parents or 
brothers and sisters or both to submit to blood tests.  However, 
in a case involving these relatives of an alleged father, who is 
deceased, the court may refuse to order blood tests if the court 
makes an express finding that submitting to the tests presents a 
danger to the health of one or more of these relatives that 
outweighs the child's interest in having the tests performed. 
Unless the person gives consent to the use, the results of any 
blood tests of the decedent's parents, brothers, or sisters may 
be used only to establish the right of the child to public 
assistance including but not limited to social security and 
veterans' benefits.  The tests shall be performed by a qualified 
expert appointed by the court. 
    Sec. 9.  Minnesota Statutes 1982, section 257.62, is 
amended by adding a subdivision to read:  
    Subd. 5.  [POSITIVE TEST RESULTS.] If the results of the 
blood tests indicate that the likelihood of the alleged father's 
paternity is more than 92 percent, 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 into court pursuant to the rules of civil 
procedure to await the results of the paternity proceedings.  
    Sec. 10.  Minnesota Statutes 1982, section 257.64, 
subdivision 1, is amended to read:  
    257.64 [PRE-TRIAL ORDERS AND RECOMMENDATIONS.] 
    Subdivision 1.  On the basis of the information produced at 
the pretrial hearing, including information as to the financial 
status of the parties, the court may, and if requested by a 
party, shall evaluate the probability of determining the 
existence or nonexistence of the father and child relationship 
in a trial and whether a judicial declaration would be in the 
best interest of the child.  On the basis of the evaluation, an 
appropriate recommendation for settlement shall be made to the 
parties, which may include any of the following: 
    (a) That the action be dismissed with or without prejudice; 
    (b) recommend that the alleged father voluntarily 
acknowledge his paternity of the child if the parties have 
agreed on a financial settlement; or 
    (c) (b) recommend that the matter be compromised by an 
agreement among the alleged father, the mother, and the child, 
in which the father and child relationship is not determined but 
in which a defined economic obligation is undertaken by the 
alleged father in favor of the child and, if appropriate, in 
favor of the mother, subject to approval by the court.  In 
reviewing the obligation undertaken by the alleged father in a 
compromise agreement, the court shall consider the best interest 
of the child, in the light of the applicable factors enumerated 
in section 518.17, subdivision 3, discounted by the 
improbability, as it appears to the court, of establishing the 
alleged father's paternity or nonpaternity of the child in a 
trial of the action.  In the best interest of the child, the 
court may order that the alleged father's identity be kept 
confidential.  In that case, the court may designate a person or 
agency to receive from the alleged father and disburse on behalf 
of the child all amounts paid by the alleged father in 
fulfillment of obligations imposed on him.  When the child 
reaches 21 years of age or older he may petition the court to 
disclose the alleged father's identity.  The court shall grant 
the petition if after considering the interests of all known 
persons involved, the court determines that disclosure of the 
information would be of greater benefit than nondisclosure.  
    Sec. 11.  Minnesota Statutes 1982, section 257.66, 
subdivision 3, is amended to read: 
    Subd. 3.  [JUDGMENT; ORDER.] The judgment or order shall 
contain provisions concerning the duty of support, the custody 
and guardianship of the child, the name of the child, visitation 
privileges with the child, the furnishing of bond or other 
security for the payment of the judgment, or any other matter in 
the best interest of the child.  Custody and visitation and all 
subsequent motions related to them shall proceed and be 
determined under section 3.  These The remaining matters and all 
subsequent motions related to them shall proceed and be 
determined in accordance with chapter 518.  The judgment or 
order may direct the appropriate party to pay all or a 
proportion of the reasonable expenses of the mother's pregnancy 
and confinement, after consideration of the relevant facts, 
including the relative financial means of the parents; the 
earning ability of each parent; and any health insurance 
policies held by either parent, or by a spouse or parent of the 
parent, which would provide benefits for the expenses incurred 
by the mother during her pregnancy and confinement.  
    Sec. 12.  Minnesota Statutes 1982, section 257.66, 
subdivision 4, is amended to read: 
    Subd. 4.  [STATUTE OF LIMITATIONS.] Support judgments or 
orders ordinarily shall be for periodic payments which may vary 
in amount. In the best interest of the child, a lump sum payment 
may be ordered in lieu of periodic payments of support.  The 
court shall limit the parent's liability for past support of the 
child to the proportion of the expenses that the court deems 
just, which were incurred in the immediate preceding two years 
immediately preceding the commencement of the action.  
    Sec. 13.  Minnesota Statutes 1982, section 257.69, 
subdivision 2, is amended to read: 
    Subd. 2.  [GUARDIAN; LEGAL FEES.] The court may order 
reasonable counsel, expert witnesses, witness and guardian ad 
litem fees, and other costs of the trial and pre-trial 
proceedings, including appropriate tests, to be paid by the 
parties in proportions and at times determined by the court.  
The court shall require a party to pay part of the fees of 
court-appointed counsel according to the party's ability to pay, 
but if counsel has been appointed the appropriate agency shall 
pay the party's proportion of all other fees and costs.  The 
agency responsible for child support enforcement shall pay the 
fees and costs for blood tests in a proceeding in which it is a 
party, is the real party in interest, or is acting on behalf of 
the child.  However, at the close of a proceeding in which 
paternity has been established under sections 257.51 to 257.74, 
the court shall order the adjudicated father to reimburse the 
public agency, if the court finds he has sufficient resources to 
pay the costs of the blood tests.  When a party bringing an 
action is represented by the county attorney, no filing fee 
shall be paid to the clerk of court. 
    Sec. 14.  Minnesota Statutes 1982, section 518.10, is 
amended to read:  
    518.10 [REQUISITES OF PETITION.] 
    The petition for dissolution of marriage or legal 
separation shall state and allege: 
    (a) The name and address of the petitioner;  
    (b) The name and, if known, the address of the respondent;  
    (c) The place and date of the marriage of the parties; 
    (d) In the case of a petition for dissolution, that either 
the petitioner or the respondent or both:  
    (1) Has resided in this state for not less than 180 days 
immediately preceding the commencement of the proceeding, or 
    (2) Has been a member of the armed services and has been 
stationed in this state for not less than 180 days immediately 
preceding the commencement of the proceeding, or 
    (3) Has been a domiciliary of this state for not less than 
180 days immediately preceding the commencement of the 
proceeding;  
    (e) The name, age and date of birth of each living minor or 
dependent child of the parties born before the marriage or born 
or adopted during the marriage and a reference to, and the 
expected date of birth of, a child of the parties conceived 
during the marriage but not born;  
    (f) Whether or not a separate proceeding for dissolution, 
legal separation, or custody is pending in a court in this state 
or elsewhere;  
    (g) In the case of a petition for dissolution, that there 
has been an irretrievable breakdown of the marriage relationship;
    (h) In the case of a petition for legal separation, that 
there is a need for a decree of legal separation; and 
    (i) Any temporary or permanent maintenance, child support, 
child custody, disposition of property, attorneys' fees, costs 
and disbursements applied for without setting forth the amounts. 
    The petition shall be verified by the petitioner or 
petitioners, and its allegations established by competent 
evidence.  
    Sec. 15.  Minnesota Statutes 1982, section 518.17, is 
amended by adding a subdivision to read:  
    Subd. 5.  [DEVIATION FROM GUIDELINES.] The court shall not 
order the noncustodial parent to pay support in an amount below 
the appropriate amount determined from the guidelines in section 
17 for use in public assistance cases unless the court makes 
express findings of fact as to the reason for the lower order.  
    Sec. 16.  Minnesota Statutes 1982, section 518.551, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ORDER PAYMENT TO PUBLIC AGENCY.] Whenever 
an obligation for support of a dependent child or maintenance of 
a spouse, or both, in a proceeding for dissolution or legal 
separation or determination of parentage, has been determined 
and ordered by a court of this state, that court shall order the 
withholding of the amount of child support or maintenance as 
determined by court order, from the income, regardless of 
source, of the person obligated to pay the support or 
maintenance.  When an order for withholding has not previously 
been secured, the obligee may or the public agency responsible 
for child support enforcement shall move the court, and the 
court shall grant the order.  
    Each order shall provide that the obligor's employer, 
trustee, or other payor of funds shall withhold from the 
obligor's income, regardless of source, an amount equal to the 
court's order for support or maintenance.  
    The court shall direct that all payments ordered for 
maintenance and support be made to the public agency responsible 
for child support enforcement so long as the obligee is 
receiving or has applied for public assistance.  Amounts 
received by the public agency responsible for child support 
enforcement greater than the amount granted to the obligee shall 
be remitted to the obligee.  
    Sec. 17.  Minnesota Statutes 1982, section 518.551, 
subdivision 5, is amended to read: 
    Subd. 5.  [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] The 
petitioner shall notify the public authority of all proceedings 
for dissolution, legal separation, determination of parentage or 
for the custody of a child, if either party is receiving aid to 
families of with dependent children or applies for it subsequent 
to the commencement of the proceeding.  After receipt of the 
notice, the public authority shall recommend to the court the 
support that is proper and adequate for the care and support of 
the child or children before the issuance of the order for 
judgment and decree in the proceeding. shall set child support 
by multiplying the obligor's net income by the percentage 
indicated by the following guidelines:  
Net Income Per                  Number of Children 
Month of Obligor 
                   1      2      3      4      5      6    7 or 
                                                           more 
$400 and Below          Order based on the ability of the 
                        obligor to provide support at these 
                        income levels, or at higher levels, 
                        if the obligor has the earning ability. 
$401 - 500        14%    17%    20%    22%    24%    26%    28% 
$501 - 550        15%    18%    21%    24%    26%    28%    30% 
$551 - 600        16%    19%    22%    25%    28%    30%    32% 
$601 - 650        17%    21%    24%    27%    29%    32%    34% 
$651 - 700        18%    22%    25%    28%    31%    34%    36% 
$701 - 750        19%    23%    27%    30%    33%    36%    38% 
$751 - 800        20%    24%    28%    31%    35%    38%    40% 
$801 - 850        21%    25%    29%    33%    36%    40%    42% 
$851 - 900        22%    27%    31%    34%    38%    41%    44% 
$901 - 950        23%    28%    32%    36%    40%    43%    46% 
$951 - 1000       24%    29%    34%    38%    41%    45%    48% 
$1001 and over    25%    30%    35%    39%    43%    47%    50% 
         Net Income defined as: 
         Total monthly 
         income less          *(1) Federal Income Tax 
                              *(2) State Income Tax 
                               (3) Social Security Deductions 
                               (4) Mandatory Pension 
         *Standard                 Deductions 
         Deductions apply-     (5) Union Dues 
         use of tax tables     (6) Dependent Health Insurance 
         recommended               Coverage 
                               (7) Individual Health/Hospital- 
                                   ization Coverage or 
                                   Medical Expense Deductions 
                                   not to exceed $25 a month. 
     (a) The child support payment guidelines take into 
consideration the following criteria:  
     (1) all earnings, income, and resources of the obligor 
including real and personal property;  
     (2) the basic living needs of the obligor;  
     (3) the financial needs of the child or children to be 
supported; and 
     (4) the amount of the aid to families with dependent 
children grant for the child or children.  
     (b) Debts owed to private creditors are not to be 
considered in establishing a support obligation.  
    (c) Previous support orders and maintenance orders may be 
considered if the obligor is paying them.  
    (d) Nothing shall preclude the court from receiving 
evidence on the above factors to determine if the guidelines 
should be exceeded or modified in a particular case.  
    (e) The above guidelines are binding in each case unless 
the court makes express findings of fact as to the reason for 
departure below the guidelines in that case in which the court 
orders support that so deviates from the guidelines.  It may 
also increase the amount of child support by more than the 
guidelines without making express findings by agreement of the 
parties or by making further findings.  
    Sec. 18.  Minnesota Statutes 1982, 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 order that notification be made and 
shall not issue its order for judgment and decree until the 
public authority has made its recommendations set child support 
according to the guidelines in section 17.  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 not proper and adequate for the care and support of the child 
or children lower than the child support required by the 
guidelines in section 17, it may shall move the court for a 
redetermination of the support payments ordered so that the 
support payments comply with the guidelines.  
    Sec. 19.  Minnesota Statutes 1982, section 518.551, is 
amended by adding a subdivision to read: 
    Subd. 8.  [HEALTH INSURANCE OR PLAN.] The court shall also 
include in the requirements for each child support order a 
provision naming the child as a beneficiary on whatever medical, 
hospitalization or dental insurance or plan is available to the 
obligor on a group basis through his or her employer or union.  
    Sec. 20.  Minnesota Statutes 1982, section 518.551, is 
amended by adding a subdivision to read:  
    Subd. 9.  [ASSIGNMENT OF RIGHTS; JUDGMENT.] The public 
agency responsible for child support enforcement is joined as a 
party in each case in which rights are assigned under section 
1.  When arrearages are reduced to judgment, the court shall 
grant judgment in favor of, and in the name of, the public 
agency to the extent that the arrearages are assigned.  The 
public agency may enforce a judgment entered before the 
assignment of rights as if the judgment were granted to it, and 
in its name, to the extent that the arrearages in that judgment 
are assigned.  
    Sec. 21.  Minnesota Statutes 1982, section 518.611, is 
amended to read: 
    518.611 [ASSIGNMENTS INCOME WITHHOLDING.] 
    Subdivision 1.  [ORDER.] Whenever an obligation for support 
of a dependent child or maintenance of a spouse, or both, in a 
proceeding for dissolution or legal separation or determination 
of parentage, has been is determined and ordered by a court of 
this state, that court shall order the withholding of the amount 
of child support or maintenance as determined by court order, 
from the income, regardless of source, of the person obligated 
to pay the support or maintenance.  When an order for 
withholding has not previously been secured, the obligee may or 
the public agency responsible for child support enforcement 
shall move the court, and the court shall grant the order.  
    Subd. 2.  [NOTICE TO OBLIGOR OF CONDITIONS.] Each order for 
withholding shall provide for a conspicuous notice to the 
obligor that withholding may result if the obligor fails to make 
the maintenance or support payments, and that no withholding 
shall be made until the following conditions are met:  
    (a) The obligee or the public authority determines that the 
obligor is at least 30 days in arrears;  
    (b) The obligee or the public authority serves written 
notice of its determination of arrearage on the obligor at least 
15 days before service of the determination and a copy of the 
court's order for withholding on the payor of funds;  
    (c) Within the 15 day period, the obligor has either failed 
to pay all arrearages or to move the court, under section 
518.64, to modify the order respecting the amount of maintenance 
or support and, ex parte, to stay service on the payor of funds 
until the motion to modify is heard; and 
    (d) The obligee or the public authority serves a copy of 
the determination of arrearage and a copy of the court's 
withholding order on the payor of funds.  
    (e) The obligee shall also serve on the public authority a 
copy of the determination of arrearage, a copy of the court's 
withholding order and an application to use the public 
authority's collection services.  
    Subd. 3.  [MODIFICATION ORDERS.] An order modifying the 
amount of maintenance or support, issued after the hearing on 
the motion to modify, shall provide that payments be made 
outright by withholding.  The provisions of subdivision 2 do not 
apply.  
    Subd. 4.  [EFFECT OF ORDER.] Notwithstanding any law to the 
contrary, the order is binding on the employer, trustee, or 
other payor of the funds upon service upon him of notice that it 
has been made.  The payor shall withhold from the income payable 
to the obligor the amount specified in the order and shall 
monthly or more frequently remit the amounts withheld to the 
public authority.  Amounts received by the public authority 
which are in excess of public assistance expended for the party 
or for a child shall be remitted to the party.  An employer 
shall not discharge or otherwise discipline an employee as a 
result of a wage or salary assignment withholding authorized by 
this section.  
    Subd. 5.  [ARREARAGE ORDER.] Nothing in this section shall 
prevent the court from ordering the payor of funds to withhold 
amounts to satisfy the obligor's previous arrearage in child 
support or maintenance payments, the obligor's liability for 
pregnancy and confinement expenses and for blood test costs, and 
any service fees that may be imposed under section 518.551.  
    Subd. 6.  [PRIORITY.] An order for withholding under this 
section or execution or garnishment upon a judgment for child 
support arrearages or preadjudicated expenses shall have 
priority over an attachment, execution, garnishment, or wage 
assignment unless otherwise ordered by the court and shall not 
be subject to the statutory limitations on amounts levied 
against the income of the obligor.  
    Subd. 7.  [EMPLOYER EXPENSES.] An employer may deduct one 
dollar from the obligor-employee's remaining salary for each 
payment made pursuant to a withholding order under this section 
to cover the employer's expenses involved in the withholding.  
    Subd. 8.  [EMPLOYER OR PAYOR NOTICE.] When a withholding 
order is in effect and the obligor's employment is terminated or 
the periodic payment terminates, the obligor's employer or the 
payor of funds shall notify the public agency responsible for 
child support enforcement of the termination within 30 days of 
the termination date.  The notice shall include the obligor's 
home address and the name and address of the obligor's new 
employer or payor of funds, if known.  
    Sec. 22.  Minnesota Statutes 1982, section 518.64, 
subdivision 2, is amended to read: 
    Subd. 2.  [MODIFICATION.] The terms of a decree respecting 
maintenance or support may be modified upon a showing of one or 
more of the following:  (1) substantially increased or decreased 
earnings of a party or; (2) substantially increased or decreased 
need of a party,; (3) receipt of assistance under sections 
256.72 to 256.87; or (4) a change in the cost-of-living for 
either party as measured by the federal bureau of statistics, 
any of which makes the terms unreasonable and unfair.  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 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. 23.  Minnesota Statutes 1982, section 518.64, 
subdivision 5, is amended to read: 
    Subd. 5.  [FORM.] The department of public welfare shall 
prepare and make available to courts and, obligors and persons 
to whom child support is owed a form to be submitted by the 
obligor or the person to whom child support is owed in support 
of a motion for a modification of an order pursuant to this 
section or section 256.87.  The rule-making rulemaking 
provisions of chapter 14 shall not apply to the preparation of 
the form. 
    Sec. 24.  [518.641] [COST-OF-LIVING ADJUSTMENTS IN CHILD 
SUPPORT ORDER.] 
    Subdivision 1.  [REQUIREMENT.] An order for child support 
shall provide for a biennial adjustment in the amount to be paid 
based on a change in the cost-of-living.  The order shall 
specify the cost-of-living index to be applied.  The court may 
use the consumer price index for all urban consumers, 
Minneapolis-St. Paul (CPI-U), the consumer price index for wage 
earners and clerical, Minneapolis-St. Paul (CPI-W), or another 
cost-of-living index published by the department of labor which 
it specifically finds is more appropriate.  The court may 
specify that the housing component be excluded from the 
cost-of-living adjustment.  Cost-of-living increases under this 
section shall be compounded.  It may also increase the amount by 
more than the cost-of-living adjustment by agreement of the 
parties or by making further findings.  The adjustment becomes 
effective on the first of May of the year in which it is made. 
A court may waive the requirement of the cost-of-living clause 
if it expressly finds that the obligor's occupation or income, 
or both, does not provide for cost-of-living adjustment or that 
the order for child support has a provision such as a step 
increase that has the effect of a cost-of-living clause.  The 
commissioner of public welfare may promulgate rules under this 
section in accordance with the rulemaking provisions of chapter 
14.  
    Subd. 2.  [CONDITIONS.] No adjustment under this section 
may be made unless the order provides for it and until the 
following conditions are met:  
    (a) the obligee or public authority serves notice of its 
application for adjustment by mail on the obligor at the 
obligor's last known address at least 20 days before the 
effective date of the adjustment;  
     (b) the notice to the obligor shall inform the obligor that 
an adjustment in payments shall become effective on the first of 
May; and 
     (c) after receipt of notice and before the effective day of 
the adjustment, the obligor fails to request a hearing on the 
issue of whether the adjustment should take effect, and ex 
parte, to stay imposition of the adjustment pending outcome of 
the hearing.  
     Subd. 3.  [RESULT OF HEARING.] If, at a hearing pursuant to 
this section, the obligor establishes an insufficient cost of 
living or other increase in income that prevents fulfillment of 
the adjusted child support obligation, the court may direct that 
all or part of the adjustment not take effect.  If, at the 
hearing, the obligor does not establish this insufficient 
increase in income, the adjustment shall take effect as of the 
date it would have become effective had no hearing been 
requested.  
    Subd. 4.  [FORM.] The department of public welfare shall 
prepare and make available to the court and obligors a form to 
be submitted to the department by the obligor in support of a 
request for hearing under this section.  The rulemaking 
provisions of chapter 14 shall not apply to the preparation of 
the form.  
    Subd. 5.  [REQUEST FOR COST-OF-LIVING CLAUSE.] A motion for 
enforcement or modification of an existing child support order 
shall include a request for a cost-of-living clause.  The court 
may deny the request only upon an express finding that the 
obligor's occupation, income, or both, does not provide for a 
cost-of-living adjustment or that the existing child support 
order either has a cost-of-living clause or sets forth a step 
increase which has the effect of a cost-of-living adjustment.  
    Sec. 25.  Minnesota Statutes 1982, section 518.645, is 
amended to read: 
    518.645 [FORM OF ORDER.] 
    Unless otherwise ordered by the court, an order for 
withholding of support or maintenance payments issued pursuant 
to sections 256.872, subdivision 1, 518.551, subdivision 1, or 
518.611, subdivision 1, under this chapter shall be 
substantially in the following form:  
    IT IS ORDERED THAT:  
    1.  That The sum of ..................... per ..........., 
representing child support and/or spousal maintenance, ordered 
by the Court, shall be withheld from the (Husband/Wife 
Respondent/Petitioner)'s income on .................. by 
(his/her) present employer or other payor of funds, 
................................., and any future employer or 
other payor of funds, and shall be remitted at least monthly to: 
.........................., monthly or more frequently, in 
accordance with the provisions of Minnesota Statutes, Chapter 
518.  The file number above and the employee's Obligor's name 
shall be included with each remittance.  
    2.  That The parties are notified that CHILD SUPPORT AND/OR 
MAINTENANCE WILL BE WITHHELD FROM INCOME ONLY AFTER ALL OF THE 
FOLLOWING CONDITIONS HAVE BEEN MET:  
    (a) ............... or the Obligee determines that the 
Obligor is at least thirty days in arrears in the payment of 
child support and/or spousal maintenance;  
    (b) .............. or the Obligee serves written notice on 
the Obligor of its determination that child support and/or 
maintenance payments are thirty days in arrears;  
    (c) Within fifteen days after service of the notice, the 
Obligor either fails to pay all past due payments or to move the 
Court, Minnesota Statutes, Section 518.64, to modify the order 
respecting the amount of child support and/or spousal 
maintenance and, ex parte, to stay service of withholding on the 
employer or other payor of funds until the motion to modify is 
heard; and 
    (d) Not sooner than fifteen days after service of written 
notice in paragraph (b) on the Obligor, .............. or the 
Obligee serves a copy of its determination of a thirty-day 
delinquency and a copy of the Court's withholding order on the 
employer or other payor of funds, who will then be obligated to 
withhold payments from income and forward the amount withheld to 
............ .  
    3.  That The parties and the employer or other payor of 
funds are further notified that NO EMPLOYER MAY DISCHARGE, 
SUSPEND, OR OTHERWISE PENALIZE OR DISCIPLINE AN EMPLOYEE BECAUSE 
THE EMPLOYER MUST WITHHOLD SUPPORT OR MAINTENANCE MONEY.  
Minnesota Statutes, Sections 256.873 and 518.611, Subdivision 
4.  A VIOLATION OF THIS PROVISION IS A MISDEMEANOR.  Minnesota 
Statutes, section 256.878 518.611. 
    4.  That, In the event If the Obligee performs service on 
serves the employer or other payor of funds under paragraph 2 
(d), the Obligee shall also serve the determination and order 
shall also be served on ..............., together with an 
application to use collection services.  
    5.  That Service of this Order shall be................... 
.............................................................. . 
    Sec. 26.  Minnesota Statutes 1982, section 518B.01, 
subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] As used in this section, the 
following terms shall have the meanings given them:  
    (a) "Domestic abuse" means:  (i) physical harm, bodily 
injury, assault, or the infliction of fear of imminent physical 
harm, bodily injury or assault, between family or household 
members; or (ii) criminal sexual conduct, within the meaning of 
sections 609.342, 609.343, 609.344, or 609.345, committed 
against a minor family or household member by an adult family or 
household member;  
    (b) "Family or household members" means spouses, parents 
and children, persons related by consanguinity, persons who have 
a child in common regardless of whether they have been married 
or have lived together at any time, and persons jointly residing 
in the same dwelling unit.  
    Sec. 27.  Minnesota Statutes 1982, section 518B.01, 
subdivision 6, is amended to read: 
    Subd. 6.  [RELIEF BY THE COURT.] Upon notice and hearing, 
the court may provide relief as follows: 
    (a) Restrain any party from committing acts of domestic 
abuse; 
    (b) Exclude the abusing party from the dwelling which the 
parties share or from the residence of the petitioner; 
    (c) On the same basis as is provided in chapter 518, award 
temporary custody or establish temporary visitation with regard 
to minor children of the parties; 
    (d) On the same basis as is provided in chapter 518, 
establish temporary support for minor children or a spouse, and 
order the withholding of support from the income of the person 
obligated to pay the support according to chapter 518; 
    (e) Provide counseling or other social services for the 
parties, if married, or if there are minor children; 
    (f) Order the abusing party to participate in treatment or 
counseling services;  
    (g) Order, in its discretion, other relief as it deems 
necessary for the protection of a family or household member, 
including orders or directives to the sheriff or constable, as 
provided by this section. 
    Any relief granted by the order for protection shall be for 
a fixed period not to exceed one year. 
    Sec. 28.  Minnesota Statutes 1982, section 518C.17, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ISSUANCE OF ORDER.] If the responding 
court finds a duty of support, it may order the obligor to 
furnish support or reimbursement therefor and subject the 
property of the obligor to the order.  Support orders made under 
sections 518C.01 to 518C.36 shall require that payments be made 
as the responding court directs and the responding court shall 
order support payments under chapter 518.  The court and the 
prosecuting attorney of a county in which the obligor is present 
or has property have the same powers and duties to enforce the 
order as have those of the county in which it was first issued.  
If enforcement is impossible, or cannot be completed in the 
county in which the order was issued, the prosecuting attorney 
shall send a certified copy of the order to the prosecuting 
attorney of a county in which it appears that the proceedings to 
enforce the order would be effective.  The prosecuting attorney 
to whom the certified copy of the order is forwarded shall 
proceed with enforcement and report the results of the 
proceedings to the court first issuing the order.  
    Sec. 29.  Minnesota Statutes 1982, section 518C.33, 
subdivision 1, is amended to read:  
    Subdivision 1.  [OBLIGEE AND OBLIGOR IN DIFFERENT COUNTIES 
BOTH IN THIS STATE.] Sections 518C.01 to 518C.36 apply if both 
the obligee and the obligor are in this state but in different 
counties.  
    Sec. 30.  Minnesota Statutes 1982, section 548.09, is 
amended to read: 
    548.09 [LIEN OF JUDGMENT.] 
    Subdivision 1.  [DOCKETING; SURVIVAL OF JUDGMENT.] Every 
judgment requiring the payment of money, including a judgment or 
decree of dissolution or separate maintenance, a determination 
of parentage, an order under the reciprocal enforcement of 
support act, or an order under section 256.87, any of which 
provide for installment or periodic payments of child support, 
spousal maintenance, or both, shall be docketed by the clerk 
upon the its entry thereof, and,.  Upon a transcript of such 
the docket being filed with the clerk in any other county, such 
the clerk shall also docket the same it.  From the time of such 
docketing the judgment shall be is a lien, to in the amount 
unpaid thereon, upon all real property in the county then or 
thereafter owned by the judgment debtor.  Such The judgment 
shall survive survives, and the lien thereof continue continues, 
for the period of ten years next after its entry, and no longer. 
    Subd. 2.  [JUDGMENT CREDITOR'S AFFIDAVIT.] No judgment, 
except for taxes, shall be docketed until the judgment creditor, 
or his agent or attorney, shall have has filed with the clerk an 
affidavit, stating the full name, occupation, place of 
residence, and post office address of the judgment debtor, to 
the best of affiant's information and belief; and,.  If such the 
residence be is within an incorporated place having more than 
5,000 inhabitants, the street number of both his place of 
residence and place of business, if he have has one, shall be 
stated.  
    Subd. 3.  [VIOLATIONS BY CLERK.] If the clerk shall violate 
violates this provision, neither the judgment nor the docketing 
thereof shall be is invalid, but he shall be liable to any 
person damaged thereby in the sum of $5.  
    Sec. 31.  [543.20] [PERSONAL JURISDICTION IN SUPPORT 
ENFORCEMENT CASES AND PATERNITY SUITS.] 
    Subdivision 1.  [SERVICE.] In addition to the methods of 
service of process provided in the rules of civil procedure, 
service of a summons, an order to show cause, or an order or 
judgment within this state may also be made upon an individual 
by delivering a copy to him or her personally at his or her 
place of employment.  The employer shall make the individual 
available for the purpose of delivering a copy.  No employer 
shall deny a process server admittance to the employer's 
premises for the purpose of making service under this section. 
     No service shall be allowed under this section unless such 
service is made personally on the individual.  
    Subd. 2.  [APPLICABILITY.] Service at a place of employment 
applies only to:  (a) summons in an action for dissolution, 
amendment, legal separation, or under the parentage act and 
under section 256.87; (b) orders to show cause under both 
section 256.87 and the revised uniform reciprocal enforcement of 
support act as well as for contempt of court for failure to pay 
child support; (c) petitions under the domestic abuse act; and 
(d) motions, orders and judgments for the payment of child 
support when the court orders personal service.  
    Subd. 3.  [RETALIATION PROHIBITED.] An employer shall not 
discharge or otherwise discipline an employee as a result of 
service under this section.  
    Sec. 32.  [REPEALER.] 
    Minnesota Statutes 1982, sections 256.87, subdivision 2; 
256.872; 256.873; 256.876; and 518.551, subdivisions 2, 3, and 4 
are repealed.  
    Sec. 33.  [EFFECTIVE DATE.] 
    Sections 17, 18, and 24 are effective August 1, 1983.  The 
rest of this act is effective the day following final enactment. 
    Approved June 9, 1983

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