Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 34-S.F.No. 186 
           An act relating to marriage dissolution; requiring 
          more information on the notice to a public authority; 
          amending Minnesota Statutes 1992, section 518.551, 
          subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 518.551, 
subdivision 5, is amended to read: 
    Subd. 5.  [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) 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 with dependent children or applies for it subsequent to 
the commencement of the proceeding.  The notice must contain the 
full names of the parties to the proceeding, their social 
security account numbers, and their birth dates.  After receipt 
of the notice, the court shall set child support as provided in 
this subdivision.  The court may order either or both parents 
owing a duty of support to a child of the marriage to pay an 
amount reasonable or necessary for the child's support, without 
regard to marital misconduct.  The court shall approve a child 
support stipulation of the parties if each party is represented 
by independent counsel, unless the stipulation does not meet the 
conditions of paragraph (h).  In other cases the court shall 
determine and order child support in a specific dollar amount in 
accordance with the guidelines and the other factors set forth 
in paragraph (b) and any departure therefrom.  The court may 
also order the obligor to pay child support in the form of a 
percentage share of the obligor's net bonuses, commissions, or 
other forms of compensation, in addition to, or if the obligor 
receives no base pay, in lieu of, an order for a specific dollar 
amount. 
    The court shall derive a specific dollar amount 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- 4000       25%    30%    35%    39%    43%    47%    50% 
       Guidelines for support for an obligor with a monthly income 
of $4,001 or more shall be the same dollar amounts as provided 
for in the guidelines for an obligor with a monthly income of 
$4,000.  
         Net Income defined as: 
         Total monthly 
         income less           *(i) Federal Income Tax 
                              *(ii) State Income Tax 
                              (iii) Social Security
                                     Deductions 
                               (iv) Reasonable
                                     Pension Deductions 
         *Standard 
         Deductions apply-      (v) Union Dues 
         use of tax tables     (vi) Cost of Dependent Health
               recommended           Insurance Coverage  
                              (vii) Cost of Individual or Group
                                     Health/Hospitalization
                                     Coverage or an        
                                     Amount for Actual 
                                     Medical Expenses   
                             (viii) A Child Support or  
                                     Maintenance Order that is
                                     Currently Being Paid. 
      "Net income" does not include: 
      (1) the income of the obligor's spouse, but does include 
in-kind payments received by the obligor in the course of 
employment, self-employment, or operation of a business if the 
payments reduce the obligor's living expenses; or 
      (2) compensation received by a party for employment in 
excess of a 40-hour work week, provided that: 
     (i) support is nonetheless ordered in an amount at least 
equal to the guidelines amount based on income not excluded 
under this clause; and 
     (ii) the party demonstrates, and the court finds, that: 
     (A) the excess employment began after the filing of the 
petition for dissolution; 
     (B) 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; 
     (C) the excess employment is voluntary and not a condition 
of employment; 
     (D) the excess employment is in the nature of additional, 
part-time or overtime employment compensable by the hour or 
fraction of an hour; and 
     (E) the party's compensation structure has not been changed 
for the purpose of affecting a support or maintenance obligation.
     (b) In addition to the child support guidelines, the court 
shall take into consideration the following factors in setting 
or modifying child support: 
     (1) all earnings, income, and resources of the parents, 
including real and personal property, but excluding income from 
excess employment of the obligor or obligee that meets the 
criteria of paragraph (a), clause (2)(ii); 
     (2) the financial needs and resources, physical and 
emotional condition, and educational needs of the child or 
children to be supported; 
     (3) the standards of living the child would have enjoyed 
had the marriage not been dissolved, but recognizing that the 
parents now have separate households; 
     (4) the amount of the aid to families with dependent 
children grant for the child or children; 
     (5) which parent receives the income taxation dependency 
exemption and what financial benefit the parent receives from 
it; and 
     (6) the parents' debts as provided in paragraph (c).  
     (c) In establishing or modifying a support obligation, the 
court may consider debts owed to private creditors, but only if: 
     (1) the right to support has not been assigned under 
section 256.74; 
     (2) the court determines that the debt was reasonably 
incurred for necessary support of the child or parent or for the 
necessary generation of income.  If the debt was incurred for 
the necessary generation of income, the court shall consider 
only the amount of debt that is essential to the continuing 
generation of income; and 
       (3) the party requesting a departure produces a sworn 
schedule of the debts, with supporting documentation, showing 
goods or services purchased, the recipient of them, the amount 
of the original debt, the outstanding balance, the monthly 
payment, and the number of months until the debt will be fully 
paid. 
     (d) Any schedule prepared under paragraph (c), clause (3), 
shall contain a statement that the debt will be fully paid after 
the number of months shown in the schedule, barring emergencies 
beyond the party's control.  
     (e) Any further departure below the guidelines that is 
based on a consideration of debts owed to private creditors 
shall not exceed 18 months in duration, after which the support 
shall increase automatically to the level ordered by the court.  
Nothing in this section shall be construed to prohibit one or 
more step increases in support to reflect debt retirement during 
the 18-month period.  
     (f) Where payment of debt is ordered pursuant to this 
section, the payment shall be ordered to be in the nature of 
child support.  
     (g) 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.  
      (h) The guidelines in this subdivision are a rebuttable 
presumption and shall be used in all cases when establishing or 
modifying child support.  If the court does not deviate from the 
guidelines, the court shall make written findings concerning the 
amount of the obligor's income used as the basis for the 
guidelines calculation and any other significant evidentiary 
factors affecting the determination of child support.  If the 
court deviates from the guidelines, the court shall make written 
findings giving the reasons for the deviation and shall 
specifically address the criteria in paragraph (b) and how the 
deviation serves the best interest of the child.  The provisions 
of this paragraph apply whether or not the parties are each 
represented by independent counsel and have entered into a 
written agreement.  The court shall review stipulations 
presented to it for conformity to the guidelines and the court 
is not required to conduct a hearing, but the parties shall 
provide the documentation of earnings required under subdivision 
5b. 
    Presented to the governor April 21, 1993 
    Signed by the governor April 21, 1993, 3:40 p.m.