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Minnesota Legislature

Office of the Revisor of Statutes

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

  
    Laws of Minnesota 1993 

                        CHAPTER 340-H.F.No. 1042 
           An act relating to human services; modifying 
          provisions dealing with the administration, 
          computation, and enforcement of child support; 
          imposing penalties; amending Minnesota Statutes 1992, 
          sections 136A.121, subdivision 2; 214.101, subdivision 
          1; 256.87, subdivisions 1, 1a, 3, and 5; 256.978; 
          256.979, by adding subdivisions; 256.9791, 
          subdivisions 3 and 4; 257.66, subdivision 3; 257.67, 
          subdivision 3; 349A.08, subdivision 8; 484.74, 
          subdivision 1, as amended; 484.76, subdivision 1, as 
          amended; 518.14; 518.171, subdivisions 1, 2, 3, 4, 6, 
          7, 8, 10, and by adding a subdivision; 518.24; 518.54, 
          subdivision 4; 518.551, subdivisions 1, 5, 5b, 7, 10, 
          12, and by adding a subdivision; 518.57, subdivision 
          1, and by adding a subdivision; 518.611, subdivision 
          4; 518.613, subdivision 1; 518.64, subdivisions 1, 2, 
          5, and 6; 548.09, subdivision 1; 548.091, subdivisions 
          1a and 3a; 588.20; 609.375, subdivisions 1 and 2; 
          proposing coding for new law in Minnesota Statutes, 
          chapters 256; and 518; repealing Minnesota Statutes 
          1992, sections 256.979; and 609.37. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1992, section 136A.121, 
subdivision 2, is amended to read: 
    Subd. 2.  [ELIGIBILITY FOR GRANTS.] An applicant is 
eligible to be considered for a grant, regardless of the 
applicant's sex, creed, race, color, national origin, or 
ancestry, under sections 136A.095 to 136A.131 if the board finds 
that the applicant: 
    (1) is a resident of the state of Minnesota; 
    (2) is a graduate of a secondary school or its equivalent, 
or is 17 years of age or over, and has met all requirements for 
admission as a student to an eligible college or technical 
college of choice as defined in sections 136A.095 to 136A.131; 
    (3) has met the financial need criteria established in 
Minnesota Rules; 
    (4) is not in default, as defined by the board, of any 
federal or state student educational loan; and 
    (5) is not more than 30 days in arrears for any child 
support payments owed to a public agency responsible for child 
support enforcement or, if the applicant is more than 30 days in 
arrears, is complying with a written payment plan agreement or 
order for arrearages.  An agreement must provide for a repayment 
of arrearages at no less than 20 percent per month of the amount 
of the monthly child support obligation or no less than $30 per 
month if there is no current monthly child support obligation.  
Compliance means that payments are made by the payment date. 
    The director and the commissioner of human services shall 
develop procedures to implement clause (5).  
    Sec. 2.  Minnesota Statutes 1992, section 214.101, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COURT ORDER; HEARING ON SUSPENSION.] (a) 
For purposes of this section, "licensing board" means a 
licensing board or other state agency that issues an 
occupational license. 
     (b) If a licensing board receives an order from a court 
under section 518.551, subdivision 12, dealing with suspension 
of a license of a person found by the court to be in arrears in 
child support payments, the board shall, within 30 days of 
receipt of the court order, provide notice to the licensee and 
hold a hearing.  If the board finds that the person is licensed 
by the board and evidence of full payment of arrearages found to 
be due by the court is not presented at the hearing, the board 
shall suspend the license unless it determines that probation is 
appropriate under subdivision 2.  The only issues to be 
determined by the board are whether the person named in the 
court order is a licensee, whether the arrearages have been 
paid, and whether suspension or probation is appropriate.  The 
board may not consider evidence with respect to the 
appropriateness of the court order or the ability of the person 
to comply with the order.  The board may not lift the suspension 
until the licensee files with the board proof showing that the 
licensee is current in child support payments. 
    Sec. 3.  Minnesota Statutes 1992, section 256.87, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ACTIONS AGAINST PARENTS FOR ASSISTANCE 
FURNISHED.] A parent of a child is liable for the amount of 
assistance furnished under sections 256.031 to 256.0361, 256.72 
to 256.87, or under Title IV-E of the Social Security Act or 
medical assistance under chapter 256, 256B, or 256D to and for 
the benefit of the child, including any assistance furnished for 
the benefit of the caretaker of the child, which the parent has 
had the ability to pay.  Ability to pay must be determined 
according to chapter 518.  The parent's liability is limited 
to the amount of assistance furnished during the two years 
immediately preceding the commencement of the action, except 
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 up to the full amount of assistance 
furnished.  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. 
    Sec. 4.  Minnesota Statutes 1992, section 256.87, 
subdivision 1a, is amended to read: 
    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.  The order shall be 
effective for the period of time during which the recipient 
receives public assistance from any county or state agency and 
for five months 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 any county or state agency that assistance is again being 
provided for the child of the parent under sections 256.031 to 
256.0361, 256.72 to 256.87, or under Title IV-E of the Social 
Security Act or medical assistance under chapter 256, 256B, or 
256D.  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. 
    Sec. 5.  Minnesota Statutes 1992, section 256.87, 
subdivision 3, is amended to read: 
    Subd. 3.  [CONTINUING CONTRIBUTIONS TO FORMER RECIPIENT.] 
The order for continuing support contributions shall remain in 
effect following the five-month 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 five months 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) unless the former recipient authorizes use of the 
public authority's collection services files an affidavit with 
the court requesting termination of the order.  
    Sec. 6.  Minnesota Statutes 1992, section 256.87, 
subdivision 5, is amended to read: 
    Subd. 5.  [CHILD NOT RECEIVING ASSISTANCE.] A parent person 
or entity having physical and legal 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 parents.  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. 7.  Minnesota Statutes 1992, section 256.978, is 
amended to read: 
    256.978 [LOCATION OF PARENTS DESERTING THEIR CHILDREN, 
ACCESS TO RECORDS.] 
    Subdivision 1.  [REQUEST FOR INFORMATION.] The commissioner 
of human services, in order to carry out the child support 
enforcement program and to assist in the location of parents who 
have, or appear to have, deserted their children locate a person 
to establish paternity, child support, or to enforce a child 
support obligation in arrears, may request 
information reasonably necessary to the inquiry from the records 
of all departments, boards, bureaus, or other agencies of this 
state, which shall, notwithstanding the provisions of section 
268.12, subdivision 12, or any other law to the contrary, 
provide the information necessary for this purpose.  
Employers and, utility companies, insurance companies, financial 
institutions, and labor associations doing business in this 
state shall provide information as provided under subdivision 2 
upon written request by an agency responsible for child support 
enforcement regarding individuals owing or allegedly owing a 
duty to support.  A request for this information may be made to 
an employer when there is reasonable cause to believe that the 
subject of the inquiry is or was employed by the employer where 
the request is made.  The request must include a statement that 
reasonable cause exists.  Information to be released by utility 
companies is restricted to place of residence.  Information to 
be released by employers is restricted to place of residence, 
employment status, and wage information.  Information relative 
to the identity, whereabouts, employment, income, and property 
of a person owing or alleged to be owing an obligation of 
support may be requested and used or transmitted by the 
commissioner pursuant to the authority conferred by this 
section.  The commissioner of human services may make such 
information be made available only to public officials and 
agencies of this state and its political subdivisions and other 
states of the union and their political subdivisions who are 
seeking to enforce the support liability of parents or to locate 
parents who have, or appear to have, deserted their 
children.  Any person who, pursuant to this section, obtains 
information from the department of revenue the confidentiality 
of which is protected by law shall not divulge the information 
except to the extent necessary for the administration of The 
commissioner may not release the information to an agency or 
political subdivision of another state unless the agency or 
political subdivision is directed to maintain the data consistent 
with its classification in this state.  Information obtained 
under this section may not be released except to the extent 
necessary for the administration of the child support 
enforcement program or when otherwise authorized by law.  
    Subd. 2.  [ACCESS TO INFORMATION.] (a) A written request 
for information by the public authority responsible for child 
support may be made to: 
    (1) employers when there is reasonable cause to believe 
that the subject of the inquiry is or was an employee of the 
employer.  Information to be released by employers is limited to 
place of residence, employment status, wage information, and 
social security number; 
    (2) utility companies when there is reasonable cause to 
believe that the subject of the inquiry is or was a retail 
customer of the utility company.  Customer information to be 
released by utility companies is limited to place of residence, 
home telephone, work telephone, source of income, employer and 
place of employment, and social security number; 
    (3) insurance companies when there is an arrearage of child 
support and there is reasonable cause to believe that the 
subject of the inquiry is or was receiving funds either in the 
form of a lump sum or periodic payments.  Information to be 
released by insurance companies is limited to place of 
residence, home telephone, work telephone, employer, and amounts 
and type of payments made to the subject of the inquiry; 
    (4) labor organizations when there is reasonable cause to 
believe that the subject of the inquiry is or was a member of 
the labor association.  Information to be released by labor 
associations is limited to place of residence, home telephone, 
work telephone, and current and past employment information; and 
    (5) financial institutions when there is an arrearage of 
child support and there is reasonable cause to believe that the 
subject of the inquiry has or has had accounts, stocks, loans, 
certificates of deposits, treasury bills, life insurance 
policies, or other forms of financial dealings with the 
institution.  Information to be released by the financial 
institution is limited to place of residence, home telephone, 
work telephone, identifying information on the type of financial 
relationships, current value of financial relationships, and 
current indebtedness of the subject with the financial 
institution. 
    (b) For purposes of this subdivision, utility companies 
include companies that provide electrical, telephone, natural 
gas, propane gas, oil, coal, or cable television services to 
retail customers.  The term financial institution includes 
banks, savings and loans, credit unions, brokerage firms, 
mortgage companies, and insurance companies. 
    Subd. 3.  [IMMUNITY.] A person who releases information to 
the public authority as authorized under this section is immune 
from liability for release of the information. 
    Sec. 8.  Minnesota Statutes 1992, section 256.979, is 
amended by adding a subdivision to read: 
    Subd. 5.  [PATERNITY ESTABLISHMENT AND CHILD SUPPORT ORDER 
MODIFICATION BONUS INCENTIVES.] (a) A bonus incentive program is 
created to increase the number of paternity establishments and 
modifications of child support orders done by county child 
support enforcement agencies. 
    (b) A bonus must be awarded to a county child support 
agency for each child for which the agency completes a paternity 
establishment through judicial, administrative, or expedited 
processes and for each instance in which the agency reviews a 
case for a modification of the child support order. 
    (c) The rate of bonus incentive is $100 for each paternity 
establishment and $50 for each review for modification of a 
child support order. 
    Sec. 9.  Minnesota Statutes 1992, section 256.979, is 
amended by adding a subdivision to read: 
    Subd. 6.  [CLAIMS FOR BONUS INCENTIVE.] (a) The 
commissioner of human services and the county agency shall 
develop procedures for the claims process and criteria using 
automated systems where possible. 
    (b) Only one county agency may receive a bonus per 
paternity establishment or child support order modification.  
The county agency making the initial preparations for the case 
resulting in the establishment of paternity or modification of 
an order is the county agency entitled to claim the bonus 
incentive, even if the case is transferred to another county 
agency prior to the time the order is established or modified. 
    (c) Disputed claims must be submitted to the commissioner 
of human services and the commissioner's decision is final. 
    (d) For purposes of this section, "case" means a family 
unit for whom the county agency is providing child support 
enforcement services. 
    Sec. 10.  Minnesota Statutes 1992, section 256.979, is 
amended by adding a subdivision to read: 
    Subd. 7.  [DISTRIBUTION.] (a) Bonus incentives must be 
issued to the county agency quarterly, within 45 days after the 
last day of each quarter for which a bonus incentive is being 
claimed, and must be paid in the order in which claims are 
received. 
    (b) Bonus incentive funds under this section must be 
reinvested in the county child support enforcement program and a 
county may not reduce funding of the child support enforcement 
program by the amount of the bonus earned. 
    (c) The county agency shall repay any bonus erroneously 
issued. 
    (d) A county agency shall maintain a record of bonus 
incentives claimed and received for each quarter. 
     Sec. 11.  Minnesota Statutes 1992, section 256.979, is 
amended by adding a subdivision to read: 
    Subd. 8.  [MEDICAL PROVIDER REIMBURSEMENT.] (a) A fee to 
the providers of medical services is created for the purpose of 
increasing the numbers of signed and notarized recognition of 
parentage forms completed in the medical setting. 
    (b) A fee of $25 shall be paid to each medical provider for 
each properly completed recognition of parentage form sent to 
the department of vital statistics. 
    (c) The office of vital statistics shall make the bonus 
payment of $25 to each medical provider and notify the 
department of human services quarterly of the numbers of 
completed forms received and the amounts paid. 
    (d) The department of human services shall remit quarterly 
to the office of vital statistics the sums paid to each medical 
provider for the number of signed recognition of parentage forms 
completed by that medical provider and sent to the office of 
vital statistics. 
    (e) The commissioners of the department of human services 
and the department of health shall develop procedures for the 
implementation of this provision. 
     (f) Payments will be made to the medical provider within 
the limit of available appropriations. 
    Sec. 12.  Minnesota Statutes 1992, section 256.9791, 
subdivision 3, is amended to read: 
    Subd. 3.  [ELIGIBILITY; REPORTING REQUIREMENTS.] (a) In 
order for a county to be eligible to claim a bonus incentive 
payment, the county agency must report to the commissioner, no 
later than August 1 of each fiscal year, provide the required 
information for each public assistance case no later than June 
30 of each year to determine eligibility.  The public authority 
shall use the information to establish for each county the 
number of cases as of June 30 of the preceding fiscal year in 
which (1) the court has established an obligation for coverage 
by the obligor, and (2) coverage was in effect as of June 
30.  The ratio resulting when the number of cases reported under 
(2) is divided by the number of cases reported under (1) shall 
be used to determine the amount of the bonus incentive according 
to subdivision 4.  
    (b) A county that fails to submit provide the required 
information by August 1 June 30 of each fiscal year is not 
eligible for any bonus payments under this section for that 
fiscal year. 
    Sec. 13.  Minnesota Statutes 1992, section 256.9791, 
subdivision 4, is amended to read: 
    Subd. 4.  [RATE OF BONUS INCENTIVE.] The rate of the bonus 
incentive shall be determined according to paragraphs 
paragraph (a) to (c). 
    (a) When a county agency has identified or enforced 
coverage in up to and including 50 percent of its cases, the 
county shall receive $15 $50 for each additional person for whom 
coverage is identified or enforced.  
    (b) When a county agency has identified or enforced 
coverage in more than 50 percent but less than 80 percent of its 
cases, the county shall receive $20 for each person for whom 
coverage is identified or enforced.  
    (c) When a county agency has identified or enforced 
coverage in 80 percent or more of its cases, the county shall 
receive $25 for each person for whom coverage is identified or 
enforced.  
    (d) Bonus payments according to paragraphs paragraph (a) to 
(c) are limited to one bonus for each covered person each time 
the county agency identifies or enforces previously unidentified 
health insurance coverage and apply only to coverage identified 
or enforced after July 1, 1990. 
     Sec. 14.  [256.9792] [ARREARAGE COLLECTION PROJECTS.] 
    Subdivision 1.  [ARREARAGE COLLECTIONS.] Arrearage 
collection projects are created to increase the revenue to the 
state and counties, reduce AFDC expenditures for former public 
assistance cases, and increase payments of arrearages to persons 
who are not receiving public assistance by submitting cases for 
arrearage collection to collection entities, including but not 
limited to, the department of revenue and private collection 
agencies. 
    Subd. 2.  [DEFINITIONS.] (a) The definitions in this 
subdivision apply to this section: 
    (b) "Public assistance arrearage case" means a case where 
current support may be due, no payment, with the exception of 
tax offset, has been made within the last 90 days, and the 
arrearages are assigned to the public agency pursuant to section 
256.74, subdivision 5. 
    (c) "Public authority" means the public authority 
responsible for child support enforcement. 
    (d) "Nonpublic assistance arrearage case" means a support 
case where arrearages have accrued that have not been assigned 
pursuant to section 256.74, subdivision 5. 
    Subd. 3.  [AGENCY PARTICIPATION.] (a) The collection remedy 
under this section is in addition to and not in substitution for 
any other remedy available by law to the public authority.  The 
public authority remains responsible for the case even after 
collection efforts are referred to the department of revenue, a 
private agency, or other collection entity. 
    (b) The department of revenue, a private agency, or other 
collection entity may not claim collections made on a case 
submitted by the public authority for a state tax offset under 
chapter 270A as a collection for the purposes of this project. 
    Subd. 4.  [ELIGIBLE CASES.] (a) For a case to be eligible 
for a collection project, the criteria in paragraphs (b) and (c) 
must be met.  Any case from a county participating in the 
collections project meeting the criteria under this subdivision 
must be subcommitted for collection.  
    (b) Notice must be sent to the debtor, as defined in 
section 270A.03, subdivision 4, at the debtor's last known 
address at least 30 days before the date the collections effort 
is transferred.  The notice must inform the debtor that the 
department of revenue or a private collections agency will use 
enforcement and collections remedies and may charge a fee of up 
to 30 percent of the arrearages.  The notice must advise the 
debtor of the right to contest the debt on grounds limited to 
mistakes of fact.  The debtor may contest the debt by submitting 
a written request for review to the public authority within 21 
days of the date of the notice.  
    (c) The arrearages owed must be based on a court or 
administrative order.  The arrearages to be collected must be at 
least $100 and must be at least 90 days past due.  For nonpublic 
assistance cases referred to private agencies, the arrearages 
must be a docketed judgment under sections 548.09 and 548.091. 
    Subd. 5.  [COUNTY PARTICIPATION.] (a) The commissioner of 
human services shall designate the counties to participate in 
the projects, after requesting counties to volunteer for the 
projects. 
    (b) The commissioner of human services shall designate 
which counties shall submit cases to the department of revenue, 
a private collection agency, or other collection entity. 
    Subd. 6.  [FEES.] A collection fee set by the commissioner 
of human services shall be charged to the person obligated to 
pay the arrearages.  The collection fee is in addition to the 
amount owed, and must be deposited by the commissioner of 
revenue in the state treasury and credited to the general fund 
to cover the costs of administering the program or retained by 
the private agency or other collection entity to cover the costs 
of administering the collection services. 
    Subd. 7.  [CONTRACTS.] (a) The commissioner of human 
services may contract with the commissioner of revenue, private 
agencies, or other collection entities to implement the 
projects, charge fees, and exchange necessary information. 
    (b) The commissioner of human services may provide an 
advance payment to the commissioner of revenue for collection 
services to be repaid to the department of human services out of 
subsequent collection fees. 
    (c) Summary reports of collections, fees, and other costs 
charged shall be submitted monthly to the state office of child 
support enforcement. 
    Subd. 8.  [REMEDIES.] (a) The commissioner of revenue is 
authorized to use the tax collection remedies in sections 
270.06, clause (7), 270.69 to 270.72, and 290.92, subdivision 
23, and tax return information to collect arrearages. 
    (b) Liens arising under paragraph (a) shall be perfected 
under the provisions of section 270.69.  The lien may be filed 
as long as the time period allowed by law for collecting the 
arrearages has not expired.  The lien shall attach to all 
property of the debtor within the state, both real and personal 
under the provisions of section 270.69.  The lien shall be 
enforced under the provisions in section 270.69 relating to 
state tax liens. 
    Sec. 15.  Minnesota Statutes 1992, 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 
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 257.541.  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.  Remedies 
available for the collection and enforcement of child support 
apply to confinement costs and are considered additional child 
support. 
    Sec. 16.  Minnesota Statutes 1992, section 257.67, 
subdivision 3, is amended to read: 
    Subd. 3.  Willful failure to obey the judgment or order of 
the court is a civil contempt of the court.  All remedies for 
the enforcement of judgments apply including those available 
under chapters 518 and 518C and sections 518C.01 to 518C.36 and 
256.871 to 256.878.  
    Sec. 17.  Minnesota Statutes 1992, section 349A.08, 
subdivision 8, is amended to read: 
    Subd. 8.  [WITHHOLDING OF DELINQUENT STATE TAXES OR OTHER 
DEBTS.] The director shall report the name, address, and social 
security number of each winner of a lottery prize of $1,000 $600 
or more to the department of revenue to determine whether the 
person who has won the prize is delinquent in payment of state 
taxes or owes a debt as defined in section 270A.03, subdivision 
5.  If the person is delinquent in payment of state taxes or 
owes a debt as defined in section 270A.03, subdivision 5, the 
director shall withhold the delinquent amount from the person's 
prize for remittance to the department of revenue for payment of 
the delinquent taxes or distribution to a claimant agency in 
accordance with chapter 270A.  Section 270A.10 applies to the 
priority of claims. 
    Sec. 18.  Minnesota Statutes 1992, section 484.74, 
subdivision 1, as amended by Laws 1993, chapter 192, section 96, 
if enacted, is amended to read: 
    Subdivision 1.  [AUTHORIZATION.] Except for good cause 
shown, In litigation involving an amount in excess of $7,500 in 
controversy, the presiding judge shall may, by order, direct the 
parties to enter nonbinding alternative dispute resolution.  
Alternatives may include private trials, neutral expert 
fact-finding, mediation, minitrials, and other forms of 
alternative dispute resolution.  The guidelines for the various 
alternatives must be established by the presiding judge and must 
emphasize early and inexpensive exchange of information and case 
evaluation in order to facilitate settlement. 
    Sec. 19.  Minnesota Statutes 1992, section 484.76, 
subdivision 1, as amended by Laws 1993, chapter 192, section 97, 
if enacted, is amended to read: 
    Subdivision 1.  [GENERAL.] The supreme court shall 
establish a statewide alternative dispute resolution program for 
the resolution of civil cases filed with the courts.  The 
supreme court shall adopt rules governing practice, procedure, 
and jurisdiction for alternative dispute resolution programs 
established under this section.  Except for matters involving 
family law the rules shall require the use of nonbinding 
alternative dispute resolution processes in all civil cases, 
except for good cause shown by the presiding judge, and must 
provide an equitable means for the payment of fees and expenses 
for the use of alternative dispute resolution processes. 
    Sec. 20.  Minnesota Statutes 1992, section 518.14, is 
amended to read: 
    518.14 [COSTS AND DISBURSEMENTS AND ATTORNEY FEES.] 
    In a proceeding under this chapter, the court shall award 
attorney fees, costs, and disbursements in an amount necessary 
to enable a party to carry on or contest the proceeding, 
provided it finds: 
    (1) that the fees are necessary for the good-faith 
assertion of the party's rights in the proceeding and will not 
contribute unnecessarily to the length and expense of the 
proceeding; 
    (2) that the party from whom fees, costs, and disbursements 
are sought has the means to pay them; and 
    (3) that the party to whom fees, costs, and disbursements 
are awarded does not have the means to pay them. 
Nothing in this section precludes the court from awarding, in 
its discretion, additional fees, costs, and disbursements 
against a party who unreasonably contributes to the length or 
expense of the proceeding.  Fees, costs, and disbursements 
provided for in this section may be awarded at any point in the 
proceeding, including a modification proceeding under sections 
518.18 and 518.64.  The court may adjudge costs and 
disbursements against either party.  The court may authorize the 
collection of money awarded by execution, or out of property 
sequestered, or in any other manner within the power of the 
court.  An award of attorney's fees made by the court during the 
pendency of the proceeding or in the final judgment survives the 
proceeding and if not paid by the party directed to pay the same 
may be enforced as above provided or by a separate civil action 
brought in the attorney's own name.  If the proceeding is 
dismissed or abandoned prior to determination and award of 
attorney's fees, the court may nevertheless award attorney's 
fees upon the attorney's motion.  The award shall also survive 
the proceeding and may be enforced in the same manner as last 
above provided. 
    Sec. 21.  Minnesota Statutes 1992, section 518.171, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ORDER.] Unless the obligee has comparable 
or better group dependent health insurance coverage available at 
a more reasonable cost, (a) The court shall order the obligor 
party with the better group dependent health and dental 
insurance coverage to name the minor child as beneficiary on any 
health and dental insurance plan that is comparable to or better 
than a number two qualified plan and available to the obligor 
party on a group basis or through an employer or union.  "Health 
insurance coverage" as used in this section does not include 
medical assistance provided under chapter 256, 256B, or 256D. 
    (b) If the court finds that dependent health or dental 
insurance is not available to the obligor or obligee on a group 
basis or through an employer or union, or that the group insurer 
is not accessible to the obligee, the court may require the 
obligor (1) to obtain other dependent health or dental 
insurance, or (2) to be liable for reasonable and necessary 
medical or dental expenses of the child, or (3) to pay no less 
than $50 per month to be applied to the medical and dental 
expenses of the children or to the cost of health insurance 
dependent coverage. 
    (c) If the court finds that the available dependent health 
or dental insurance required to be obtained by the obligor does 
not pay all the reasonable and necessary medical or dental 
expenses of the child, or that the dependent health or dental 
insurance available to the obligee does not pay all the 
reasonable and necessary medical or dental expenses of the 
child, including any existing or anticipated extraordinary 
medical expenses, and the court finds that the obligor has the 
financial ability to contribute to the payment of these medical 
or dental expenses, the court shall require the obligor to be 
liable for all or a portion of the medical or dental expenses of 
the child not covered by the required health or dental 
plan.  Medical and dental expenses include, but are not limited 
to, necessary orthodontia and eye care, including prescription 
lenses. 
    (d) If the obligor is employed by a self-insured employer 
subject only to the federal Employee Retirement Income Security 
Act (ERISA) of 1974, and the insurance benefit plan meets the 
above requirements, the court shall order the obligor to enroll 
the dependents within 30 days of the court order effective date 
or be liable for all medical and dental expenses occurring while 
coverage is not in effect.  If enrollment in the ERISA plan is 
precluded by exclusionary clauses, the court shall order the 
obligor to obtain other coverage or make payments as provided in 
paragraph (b) or (c). 
    (e) Unless otherwise agreed by the parties and approved by 
the court, if the court finds that the obligee is not receiving 
public assistance for the child and has the financial ability to 
contribute to the cost of medical and dental expenses for the 
child, including the cost of insurance, the court shall order 
the obligee and obligor to each assume a portion of these 
expenses based on their proportionate share of their total net 
income as defined in section 518.54, subdivision 6. 
    (f) Payments ordered under this section are subject to 
section 518.611.  An obligee who fails to apply payments 
received to the medical expenses of the dependents may be found 
in contempt of this order. 
    Sec. 22.  Minnesota Statutes 1992, section 518.171, 
subdivision 2, is amended to read: 
    Subd. 2.  [SPOUSAL OR EX-SPOUSAL COVERAGE.] The court shall 
require the obligor to provide dependent health and dental 
insurance for the benefit of the obligee if it is available at 
no additional cost to the obligor and in this case the 
provisions of this section apply. 
    Sec. 23.  Minnesota Statutes 1992, section 518.171, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [EMPLOYER AND OBLIGOR NOTICE.] If an individual 
is hired for employment, the employer shall request that the 
individual disclose whether the individual has court-ordered 
medical support obligations that are required by law to be 
withheld from income and the terms of the court order, if any.  
The employer shall request that the individual disclose whether 
the individual has been ordered by a court to provide health and 
dental dependent insurance coverage.  The individual shall 
disclose this information at the time of hiring.  If an 
individual discloses that medical support is required to be 
withheld, the employer shall begin withholding according to the 
terms of the order and pursuant to section 518.611, subdivision 
8.  If an individual discloses an obligation to obtain health 
and dental dependent insurance coverage and coverage is 
available through the employer, the employer shall make all 
application processes known to the individual upon hiring and 
enroll the employee and dependent in the plan pursuant to 
subdivision 3. 
    Sec. 24.  Minnesota Statutes 1992, section 518.171, 
subdivision 3, is amended to read: 
    Subd. 3.  [IMPLEMENTATION.] A copy of the court order for 
insurance coverage shall be forwarded to the obligor's employer 
or union by the obligee or the public authority responsible for 
support enforcement only when ordered by the court or when the 
following conditions are met: 
    (1) the obligor fails to provide written proof to the 
obligee or the public authority, within 30 days of receiving the 
effective notice date of the court order, that the insurance has 
been obtained or that application for insurability has been 
made; 
    (2) the obligee or the public authority serves written 
notice of its intent to enforce medical support on the obligor 
by mail at the obligor's last known post office address; and 
    (3) the obligor fails within 15 days after the mailing of 
the notice to provide written proof to the obligee or the public 
authority that the insurance coverage existed as of the date of 
mailing. 
    The employer or union shall forward a copy of the order to 
the health and dental insurance plan offered by the employer. 
    Sec. 25.  Minnesota Statutes 1992, section 518.171, 
subdivision 4, is amended to read: 
    Subd. 4.  [EFFECT OF ORDER.] (a) The order is binding on 
the employer or union and the health and dental insurance plan 
when service under subdivision 3 has been made.  Upon receipt of 
the order, or upon application of the obligor pursuant to the 
order, the employer or union and its health and dental insurance 
plan shall enroll the minor child as a beneficiary in the group 
insurance plan and withhold any required premium from the 
obligor's income or wages.  If more than one plan is offered by 
the employer or union, the child shall be enrolled in the 
insurance plan in which the obligor is enrolled or the least 
costly plan otherwise available to the obligor that is 
comparable to a number two qualified plan.  
    (b) An employer or union that willfully fails to comply 
with the order is liable for any health or dental expenses 
incurred by the dependents during the period of time the 
dependents were eligible to be enrolled in the insurance 
program, and for any other premium costs incurred because the 
employer or union willfully failed to comply with the order.  An 
employer or union that fails to comply with the order is subject 
to contempt under section 44 and is also subject to a fine of 
$500 to be paid to the obligee or public authority.  Fines paid 
to the public authority are designated for child support 
enforcement services. 
    (c) Failure of the obligor to execute any documents 
necessary to enroll the dependent in the group health and dental 
insurance plan will not affect the obligation of the employer or 
union and group health and dental insurance plan to enroll the 
dependent in a plan for which other eligibility requirements are 
met.  Information and authorization provided by the public 
authority responsible for child support enforcement, or by the 
custodial parent or guardian, is valid for the purposes of 
meeting enrollment requirements of the health plan.  The 
insurance coverage for a child eligible under subdivision 5 
shall not be terminated except as authorized in subdivision 5. 
    Sec. 26.  Minnesota Statutes 1992, section 518.171, 
subdivision 6, is amended to read: 
    Subd. 6.  [INSURER REIMBURSEMENT; CORRESPONDENCE AND 
NOTICE.] (a) The signature of the custodial parent of the 
insured dependent is a valid authorization to the insurer for 
purposes of processing an insurance reimbursement payment to the 
provider of the medical services or to the custodial parent if 
medical services have been prepaid by the custodial parent. 
    (b) The insurer shall send copies of all correspondence 
regarding the insurance coverage to both parents.  When an order 
for dependent insurance coverage is in effect and the obligor's 
employment is terminated, or the insurance coverage is 
terminated, the insurer shall notify the obligee within ten days 
of the termination date with notice of conversion privileges. 
    Sec. 27.  Minnesota Statutes 1992, section 518.171, 
subdivision 7, is amended to read: 
    Subd. 7.  [RELEASE OF INFORMATION.] When an order for 
dependent insurance coverage is in effect, the obligor's 
employer or, union, or insurance agent shall release to the 
obligee or the public authority, upon request, information on 
the dependent coverage, including the name of the insurer.  
Notwithstanding any other law, information reported pursuant to 
section 268.121 shall be released to the public agency 
responsible for support enforcement that is enforcing an order 
for medical or dental insurance coverage under this section.  
The public agency responsible for support enforcement is 
authorized to release to the obligor's insurer or employer 
information necessary to obtain or enforce medical support. 
    Sec. 28.  Minnesota Statutes 1992, section 518.171, 
subdivision 8, is amended to read: 
    Subd. 8.  [OBLIGOR LIABILITY.] The (a) An obligor that who 
fails to maintain the medical or dental insurance for the 
benefit of the children as ordered shall be or fails to provide 
other medical support as ordered is liable to the obligee for 
any medical or dental expenses incurred from the effective date 
of the court order, including health and dental insurance 
premiums paid by the obligee because of the obligor's failure to 
obtain coverage as ordered.  Proof of failure to maintain 
insurance or noncompliance with an order to provide other 
medical support constitutes a showing of increased need by the 
obligee pursuant to section 518.64 and provides a basis for a 
modification of the obligor's child support order. 
    (b) Payments for services rendered to the dependents that 
are directed to the obligor, in the form of reimbursement by the 
insurer, must be endorsed over to and forwarded to the vendor or 
custodial parent or public authority when the reimbursement is 
not owed to the obligor.  An obligor retaining insurance 
reimbursement not owed to the obligor may be found in contempt 
of this order and held liable for the amount of the 
reimbursement.  Upon written verification by the insurer of the 
amounts paid to the obligor, the reimbursement amount is subject 
to all enforcement remedies available under subdivision 10. 
    Sec. 29.  Minnesota Statutes 1992, section 518.171, 
subdivision 10, is amended to read: 
    Subd. 10.  [ENFORCEMENT.] Remedies available for the 
collection and enforcement of child support apply to medical 
support.  For the purpose of enforcement, the costs of 
individual or group health or hospitalization coverage, dental 
coverage, all medical costs ordered by the court to be paid by 
the obligor, including health and dental insurance premiums paid 
by the obligee because of the obligor's failure to obtain 
coverage as ordered or liabilities established pursuant to 
subdivision 8, are additional child support.  
    Sec. 30.  Minnesota Statutes 1992, section 518.24, is 
amended to read: 
    518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 
    In all cases when maintenance or support payments are 
ordered, the court may require sufficient security to be given 
for the payment of them according to the terms of the order.  
Upon neglect or refusal to give security, or upon failure to pay 
the maintenance or support, the court may sequester the 
obligor's personal estate and the rents and profits of real 
estate of the obligor, and appoint a receiver of them.  The 
court may cause the personal estate and the rents and profits of 
the real estate to be applied according to the terms of the 
order.  The obligor is presumed to have an income from a source 
sufficient to pay the maintenance or support order.  A child 
support or maintenance order constitutes prima facie evidence 
that the obligor has the ability to pay the award.  If the 
obligor disobeys the order, it is prima facie evidence of 
contempt. 
    Sec. 31.  Minnesota Statutes 1992, section 518.54, 
subdivision 4, is amended to read: 
    Subd. 4.  [SUPPORT MONEY; CHILD SUPPORT.] "Support 
money" or "child support" means: 
     (1) an award in a dissolution, legal separation, or 
annulment, or parentage proceeding for the care, support and 
education of any child of the marriage or of the parties to 
the annulment proceeding; or 
     (2) a contribution by parents ordered under section 256.87. 
    Sec. 32.  Minnesota Statutes 1992, section 518.551, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SCOPE; PAYMENT TO PUBLIC AGENCY.] (a) This 
section applies to all proceedings involving an award of child 
support. 
     (b) 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, or has applied 
for child support and maintenance collection services.  Public 
authorities responsible for child support enforcement may act on 
behalf of other public authorities responsible for child support 
enforcement.  This includes 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.  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. 33.  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.  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. 
    (b) The court shall derive a specific dollar amount for 
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 $550 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% 
      5,000
or the amount 
in effect under
paragraph (k)
    Guidelines for support for an obligor with a monthly income 
of $4,001 or more in excess of the income limit currently in 
effect under paragraph (k) shall be the same dollar amounts as 
provided for in the guidelines for an obligor with a monthly 
income of $4,000 equal to the limit in effect. 
         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.
     The court shall review the work related and education 
related child care costs of the custodial parent and shall 
allocate the costs to each parent in proportion to each parent's 
income after the transfer of child support, unless the 
allocation would be substantially unfair to either parent.  The 
cost of child care for purposes of this section is determined by 
subtracting the amount of any federal and state income tax 
credits available to a parent from the actual cost paid for 
child care.  The amount allocated for child care expenses is 
considered child support. 
    (b) (c) In addition to the child support guidelines, the 
court shall take into consideration the following factors in 
setting or modifying child support or in determining whether to 
deviate from the guidelines: 
    (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) (b), 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) (5) the parents' debts as provided in paragraph 
(c) (d).  
    (c) (d) 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) (e) Any schedule prepared under paragraph (c) (d), 
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) (f) 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 (g) If payment of debt is ordered pursuant to 
this section, the payment shall be ordered to be in the nature 
of child support.  
    (g) (h) 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) (i) 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. 
    (j) If the child support payments are assigned to the 
public agency under section 256.74, the court may not deviate 
downward from the child support guidelines unless the court 
specifically finds that the failure to deviate downward would 
impose an extreme hardship on the obligor. 
    (k) The dollar amount of the income limit for application 
of the guidelines must be adjusted on July 1 of every 
even-numbered year to reflect cost-of-living changes.  The 
supreme court shall select the index for the adjustment from the 
indices listed in section 518.641.  The state court 
administrator shall make the changes in the dollar amount 
required by this paragraph available to courts and the public on 
or before April 30 of the year in which the amount is to change. 
    Sec. 34.  Minnesota Statutes 1992, section 518.551, 
subdivision 5b, is amended to read: 
    Subd. 5b.  [DETERMINATION OF INCOME.] (a) The parties shall 
timely serve and file documentation of earnings and income. When 
there is a prehearing conference, the court must receive the 
documentation of income at least ten days prior to the 
prehearing conference.  Documentation of earnings and income 
also includes, but is not limited to, pay stubs for the most 
recent three months, employer statements, or statement of 
receipts and expenses if self-employed.  Documentation of 
earnings and income also includes copies of each parent's most 
recent federal tax returns, including W-2 forms, 1099 forms, 
unemployment compensation statements, workers' compensation 
statements, and all other documents evidencing income as 
received that provide verification of income over a longer 
period. 
    (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 appear at a court hearing after proper notice of the time 
and place of the hearing, the court shall set income for that 
parent based on credible evidence before the court or in 
accordance with paragraph (c) (d).  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 jobs and training under section 268.121.  
    (c) (d) If the court finds that a parent is voluntarily 
unemployed or underemployed, child support shall be calculated 
based on a determination of imputed income.  A parent is not 
considered voluntarily unemployed or underemployed upon a 
showing by the parent that the unemployment or underemployment:  
(1) is temporary and will ultimately lead to an increase in 
income; or (2) represents a bona fide career change that 
outweighs the adverse effect of that parent's diminished income 
on the child.  Imputed income means the estimated earning 
ability of a parent based on the parent's prior earnings 
history, education, and job skills, and on availability of jobs 
within the community for an individual with the parent's 
qualifications.  If the court is unable to determine or estimate 
the earning ability of a parent, the court may calculate child 
support based on full-time employment of 40 hours per week at 
the federal minimum wage or the Minnesota minimum wage, 
whichever is higher.  If a parent is a recipient of public 
assistance under sections 256.72 to 256.87 or chapter 256D, or 
is physically or mentally incapacitated, it shall be presumed 
that the parent is not voluntarily unemployed or underemployed. 
    Sec. 35.  Minnesota Statutes 1992, section 518.551, is 
amended by adding a subdivision to read: 
    Subd. 5d.  [EDUCATION TRUST FUND.] The parties may agree to 
designate a sum of money above any court ordered child support 
as a trust fund for the costs of post-secondary education.  
    Sec. 36.  Minnesota Statutes 1992, section 518.551, 
subdivision 7, is amended to read: 
    Subd. 7.  [SERVICE FEE.] When the public agency responsible 
for child support enforcement provides child support collection 
services either to a public assistance recipient or to a party 
who does not receive public assistance, the public agency may 
upon written notice to the obligor charge a monthly collection 
fee equivalent to the full monthly cost to the county of 
providing collection services, in addition to the amount of the 
child support which was ordered by the court.  The fee shall be 
deposited in the county general fund.  The service fee assessed 
is limited to ten percent of the monthly court ordered child 
support and shall not be assessed to obligors who are current in 
payment of the monthly court ordered child support. 
    An application fee not to exceed of $25 shall be paid by 
the person who applies for child support and maintenance 
collection services, except persons who transfer from public 
assistance to nonpublic assistance status.  Fees assessed by 
state and federal tax agencies for collection of overdue support 
owed to or on behalf of a person not receiving public assistance 
must be imposed on the person for whom these services are 
provided.  The public authority upon written notice to the 
obligee shall assess a fee of $25 to the person not receiving 
public assistance for each successful federal tax interception.  
The fee must be withheld prior to the release of the funds 
received from each interception and deposited in the general 
fund. 
    However, the limitations of this subdivision on the 
assessment of fees shall not apply to the extent inconsistent 
with the requirements of federal law for receiving funds for the 
programs under Title IV-A and Title IV-D of the Social Security 
Act, United States Code, title 42, sections 601 to 613 and 
United States Code, title 42, sections 651 to 662.  
    Sec. 37.  Minnesota Statutes 1992, section 518.551, 
subdivision 10, is amended to read: 
    Subd. 10.  [ADMINISTRATIVE PROCESS FOR CHILD AND MEDICAL 
SUPPORT ORDERS.] (a) An administrative process is established to 
obtain, modify, and enforce child and medical support orders and 
maintenance.  
    The commissioner of human services may designate counties 
to Effective July 1, 1994, all counties shall participate in the 
administrative process established by this section.  All 
proceedings for obtaining, modifying, or enforcing child and 
medical support orders and maintenance and adjudicating 
uncontested parentage proceedings, are required to be conducted 
in counties designated by the commissioner of human services in 
which the county human services agency is a party or 
represents provides services to a party or parties to the 
action.  These actions must be conducted by an administrative 
law judge from the office of administrative hearings, except for 
the following proceedings:  
    (1) adjudication of contested parentage; 
    (2) motions to set aside a paternity adjudication or 
declaration of parentage; 
    (3) evidentiary hearing on contempt motions; and 
    (4) motions to sentence or to revoke the stay of a jail 
sentence in contempt proceedings.  
    (b) An administrative law judge may hear a stipulation 
reached on a contempt motion, but any stipulation that involves 
a finding of contempt and a jail sentence, whether stayed or 
imposed, shall require the review and signature of a district 
judge.  
    (c) For the purpose of this process, all powers, duties, 
and responsibilities conferred on judges of the district court 
to obtain and enforce child and medical support and maintenance 
obligations, subject to the limitation set forth herein, are 
conferred on the administrative law judge conducting the 
proceedings, including the power to issue orders to show cause 
and to issue bench warrants for failure to appear.  
    (d) Before implementing the process in a county, the chief 
administrative law judge, the commissioner of human services, 
the director of the county human services agency, the county 
attorney, and the county court administrator, and county sheriff 
shall jointly establish procedures and the county shall provide 
hearing facilities for implementing this process in a county.  
    (e) Nonattorney employees of the public agency responsible 
for child support in the counties designated by the 
commissioner, acting at the direction of the county attorney, 
may prepare, sign, serve, and file complaints and motions for 
obtaining, modifying, or enforcing child and medical support 
orders and maintenance and related documents, appear at 
prehearing conferences, and participate in proceedings before an 
administrative law judge.  This activity shall not be considered 
to be the unauthorized practice of law.  
    (f) The hearings shall be conducted under the rules of the 
office of administrative hearings, Minnesota Rules, parts 
1400.7100 to 1400.7500, 1400.7700, and 1400.7800, as adopted by 
the chief administrative law judge.  All other aspects of the 
case, including, but not limited to, pleadings, discovery, and 
motions, shall be conducted under the rules of family court, the 
rules of civil procedure, and chapter 518.  The administrative 
law judge shall make findings of fact, conclusions, and a final 
decision and issue an order.  Orders issued by an administrative 
law judge are enforceable by the contempt powers of the county 
and district courts.  
     (g) The decision and order of the administrative law judge 
is appealable to the court of appeals in the same manner as a 
decision of the district court.  
     (h) The commissioner of human services shall distribute 
money for this purpose to counties to cover the costs of the 
administrative process, including the salaries of administrative 
law judges.  If available appropriations are insufficient to 
cover the costs, the commissioner shall prorate the amount among 
the counties. 
    Sec. 38.  Minnesota Statutes 1992, section 518.551, 
subdivision 12, is amended to read: 
    Subd. 12.  [OCCUPATIONAL LICENSE SUSPENSION.] Upon petition 
of an obligee or public agency responsible for child support 
enforcement, if the court finds that the obligor is or may be 
licensed by a licensing board listed in section 214.01 or other 
state agency or board that issues an occupational license and 
the obligor is in arrears in court-ordered child support 
payments, the court may direct the licensing board or other 
licensing agency to conduct a hearing under section 214.101 
concerning suspension of the obligor's license.  If the obligor 
is a licensed attorney, the court may report the matter to the 
lawyers professional responsibility board for appropriate action 
in accordance with the rules of professional conduct.  The 
remedy under this subdivision is in addition to any other 
enforcement remedy available to the court. 
     Sec. 39.  [518.561] [EMPLOYER QUESTIONNAIRE AND NOTICE.] 
    The commissioner of human services shall prepare a 
questionnaire for use by employers in obtaining information from 
employees for purposes of complying with sections 518.171, 
subdivision 2a, and 518.611, subdivision 8.  The commissioner 
shall arrange for public dissemination of the questionnaires and 
notice to employers of the requirements of these provisions. 
    Sec. 40.  Minnesota Statutes 1992, section 518.57, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ORDER.] Upon a decree of dissolution, 
legal separation, or annulment, the court shall make a further 
order which is just and proper concerning the maintenance of the 
minor children as provided by section 518.551, and for the 
maintenance of any child of the parties as defined in section 
518.54, as support money, and.  The court may make the same any 
child support order a lien or charge upon the property of 
the parties to the proceeding, or either of them obligor, either 
at the time of the entry of the judgment or by subsequent order 
upon proper application. 
    Sec. 41.  Minnesota Statutes 1992, section 518.57, is 
amended by adding a subdivision to read: 
    Subd. 4.  [OTHER CUSTODIANS.] If a child resides with a 
person other than a parent and the court approves of the custody 
arrangement, the court may order child support payments to be 
made to the custodian regardless of whether the person has legal 
custody. 
    Sec. 42.  Minnesota Statutes 1992, section 518.611, 
subdivision 4, is amended to read: 
    Subd. 4.  [EFFECT OF ORDER.] (a) Notwithstanding any law to 
the contrary, the order is binding on the employer, trustee, 
payor of the funds, or financial institution when service under 
subdivision 2 has been made.  Withholding must begin no later 
than the first pay period that occurs after 14 days following 
the date of the notice.  In the case of a financial institution, 
preauthorized transfers must occur in accordance with a 
court-ordered payment schedule.  An employer, payor of funds, or 
financial institution in this state is required to withhold 
income according to court orders for withholding issued by other 
states or territories.  The payor shall withhold from the income 
payable to the obligor the amount specified in the order and 
amounts required under subdivision 2 and section 518.613 and 
shall remit, within ten days of the date the obligor is paid the 
remainder of the income, the amounts withheld to the public 
authority.  The payor shall identify on the remittance 
information the date the obligor is paid the remainder of the 
income.  The obligor is considered to have paid the amount 
withheld as of the date the obligor received the remainder of 
the income.  The financial institution shall execute 
preauthorized transfers from the deposit accounts of the obligor 
in the amount specified in the order and amounts required under 
subdivision 2 as directed by the public authority responsible 
for child support enforcement.  
    (b) Employers may combine all amounts withheld from one pay 
period into one payment to each public authority, but shall 
separately identify each obligor making payment.  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.  
    (c) An employer shall not discharge, or refuse to hire, or 
otherwise discipline an employee as a result of a wage or salary 
withholding authorized by this section.  The employer or other 
payor of funds shall be liable to the obligee for any amounts 
required to be withheld.  A financial institution is liable to 
the obligee if funds in any of the obligor's deposit accounts 
identified in the court order equal the amount stated in the 
preauthorization agreement but are not transferred by the 
financial institution in accordance with the agreement.  An 
employer or other payor of funds that fails to withhold or 
transfer funds in accordance with this section is also liable to 
the obligee for interest on the funds at the rate applicable to 
judgments under section 549.09, computed from the date the funds 
were required to be withheld or transferred.  An employer or 
other payor of funds is liable for reasonable attorney fees of 
the obligee or public authority incurred in enforcing the 
liability under this paragraph.  An employer or other payor of 
funds that has failed to comply with the requirements of this 
section is subject to contempt sanctions under section 44. 
    Sec. 43.  Minnesota Statutes 1992, section 518.613, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL.] Notwithstanding any provision of 
section 518.611, subdivision 2 or 3, to the contrary, whenever 
an obligation for child support or maintenance, enforced by the 
public authority, is initially determined and ordered or 
modified by the court in a county in which this section applies, 
the amount of child support or maintenance ordered by the 
court and any fees assessed by the public authority responsible 
for child support enforcement must be withheld from the income, 
regardless of source, of the person obligated to pay the support.
    Sec. 44.  [518.615] [EMPLOYER CONTEMPT.] 
    Subdivision 1.  [ORDERS BINDING.] Income withholding or 
medical support orders issued pursuant to sections 518.171, 
518.611, and 518.613 are binding on the employer, trustee, or 
other payor of funds after the order and notice of income 
withholding or enforcement of medical support has been served on 
the employer, trustee, or payor of funds. 
    Subd. 2.  [CONTEMPT ACTION.] An obligee or the public 
agency responsible for child support enforcement may initiate a 
contempt action against an employer, trustee, or payor of funds, 
within the action that created the support obligation, by 
serving an order to show cause upon the employer, trustee, or 
payor of funds.  
    The employer, trustee, or payor of funds is presumed to be 
in contempt: 
    (1) if the employer, trustee, or payor of funds has 
intentionally failed to withhold support after receiving the 
order and notice of income withholding or notice of enforcement 
of medical support; or 
    (2) upon presentation of pay stubs or similar documentation 
showing the employer, trustee, or payor of funds withheld 
support and demonstration that the employer, trustee, or payor 
of funds intentionally failed to remit support to the agency 
responsible for child support enforcement. 
    Subd. 3.  [LIABILITY.] The employer, trustee, or payor of 
funds is liable to the obligee or the agency responsible for 
child support enforcement for any amounts required to be 
withheld that were not paid.  The court may enter judgment 
against the employer, trustee, or payor of funds for support not 
withheld or remitted.  The court may also impose contempt 
sanctions under chapter 588.  
    Sec. 45.  Minnesota Statutes 1992, section 518.64, 
subdivision 1, is amended to read: 
    Subdivision 1.  After an order for maintenance or support 
money, temporary or permanent, or for the appointment of 
trustees to receive property awarded as maintenance or support 
money, the court may from time to time, on motion of either of 
the parties, a copy of which is served on the public authority 
responsible for child support enforcement if payments are made 
through it, or on motion of the public authority responsible for 
support enforcement, modify the order respecting the amount of 
maintenance or support money, and the payment of it, and also 
respecting the appropriation and payment of the principal and 
income of property held in trust, and may make an order 
respecting these matters which it might have made in the 
original proceeding, except as herein otherwise provided.  A 
party or the public authority also may bring a motion for 
contempt of court if the obligor is in arrears in support or 
maintenance payments. 
    Sec. 46.  Minnesota Statutes 1992, 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 following:  (1) substantially increased or 
decreased earnings of a party; (2) substantially increased or 
decreased need of a party or the child or children that are the 
subject of these proceedings; (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; (5) extraordinary medical expenses of the child not 
provided for under section 518.171; or (6) the addition or 
elimination 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.  
    It is presumed that there has been a substantial change in 
circumstances under clause (1), (2), or (4) and the terms of a 
current support order shall be rebuttably presumed to be 
unreasonable and unfair if the application of the child support 
guidelines in section 518.551, subdivision 5, to the current 
circumstances of the parties results in a calculated court order 
that is at least 20 percent and at least $50 per month higher or 
lower than the current support order.  
    (b) 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 518.551, subdivision 5, 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. 
     (c) A modification of support or maintenance 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.  However, modification may be applied to an 
earlier period if the court makes express findings that the 
party seeking modification was precluded from serving a motion 
by reason of a significant physical or mental disability, a 
material misrepresentation of another party, or fraud upon the 
court and that the party seeking modification, when no longer 
precluded, promptly served a motion.  
     (d) 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. 
      (e) The court need not hold an evidentiary hearing on a 
motion for modification of maintenance or support. 
      (f) Section 518.14 shall govern the award of attorney fees 
for motions brought under this subdivision.  
    Sec. 47.  Minnesota Statutes 1992, section 518.64, 
subdivision 5, is amended to read: 
    Subd. 5.  [FORM.] The department of human services shall 
prepare and make available to courts, 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 for support or maintenance 
or for contempt of court.  The rulemaking provisions of chapter 
14 shall not apply to the preparation of the form. 
    Sec. 48.  Minnesota Statutes 1992, section 518.64, 
subdivision 6, is amended to read: 
    Subd. 6.  [EXPEDITED PROCEDURE.] (a) The public authority 
may seek a modification of the child support order in accordance 
with the rules of civil procedure or under the expedited 
procedures in this subdivision.  
    (b) The public authority may serve the following documents 
upon the obligor either by certified mail or in the manner 
provided for service of a summons other pleadings under the 
rules of civil procedure: 
    (i) a notice of its application for modification of the 
obligor's support order stating the amount and effective date of 
the proposed modification which date shall be no sooner than 30 
days from the date of service; 
    (ii) an affidavit setting out the basis for the 
modification under subdivision 2, including evidence of the 
current income of the parties; 
    (iii) any other documents the public authority intends to 
file with the court in support of the modification; 
    (iv) the proposed order; 
    (v) notice to the obligor that if the obligor fails to move 
the court and request a hearing on the issue of modification of 
the support order within 30 days of service of the notice of 
application for modification, the public authority will likely 
obtain an order, ex parte, modifying the support order; and 
    (vi) an explanation to the obligor of how a hearing can be 
requested, together with a motion for review form that the 
obligor can complete and file with the court to request a 
hearing. 
     (c) If the obligor moves the court for a hearing, any 
modification must be stayed until the court has had the 
opportunity to determine the issue.  Any modification ordered by 
the court is effective on the date set out in the notice of 
application for modification, but no earlier than 30 days 
following the date the obligor was served. 
     (d) If the obligor fails to move the court for hearing 
within 30 days of service of the notice, the public authority 
shall file with the court a copy of the notice served on the 
obligor as well as all documents served on the obligor, proof of 
service, and a proposed order modifying support. 
     (e) If, following judicial review, the court determines 
that the procedures provided for in this subdivision have been 
followed and the requested modification is appropriate, the 
order shall be signed ex parte and entered. 
     (f) Failure of the court to enter an order under this 
subdivision does not prejudice the right of the public authority 
or either party to seek modification in accordance with the 
rules of civil procedure. 
     (g) The supreme court shall develop standard forms for the 
notice of application of modification of the support order, the 
supporting affidavit, the obligor's responsive motion, and 
proposed order granting the modification. 
    Sec. 49.  [518.585] [NOTICE OF INTEREST ON LATE CHILD 
SUPPORT.] 
    Any judgment or decree of dissolution or legal separation 
containing a requirement of child support and any determination 
of parentage, order under chapter 518C, order under section 
256.87, or order under section 260.251 must include a notice to 
the parties that section 548.091, subdivision 1a, provides for 
interest to begin accruing on a payment or installment of child 
support whenever the unpaid amount due is greater than the 
current support due. 
    Sec. 50.  Minnesota Statutes 1992, section 548.09, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DOCKETING; SURVIVAL OF JUDGMENT.] Except 
as provided in section 548.091, every judgment requiring the 
payment of money shall be docketed by the court administrator 
upon its entry.  Upon a transcript of the docket being filed 
with the court administrator in any other county, the court 
administrator shall also docket it.  From the time of docketing 
the judgment is a lien, in the amount unpaid, upon all real 
property in the county then or thereafter owned by the judgment 
debtor, but it is not a lien upon registered land unless it is 
also filed pursuant to sections 508.63 and 508A.63.  The 
judgment survives, and the lien continues, for ten years after 
its entry.  Child support judgments may be renewed by service of 
notice upon the debtor.  Service shall be by certified mail at 
the last known address of the debtor or in the manner provided 
for the service of civil process.  Upon the filing of the notice 
and proof of service the court administrator shall renew the 
judgment for child support without any additional filing fee. 
    Sec. 51.  Minnesota Statutes 1992, section 548.091, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.] 
Any payment or installment of support required by a judgment or 
decree of dissolution or legal separation, determination of 
parentage, an order under chapter 518C, an order under section 
256.87, or an order under section 260.251, that is not paid or 
withheld from the obligor's income as required under section 
518.611 or 518.613, is a judgment by operation of law on and 
after the date it is due and is entitled to full faith and 
credit in this state and any other state.  Interest accrues from 
the date the judgment on the payment or installment is entered 
and docketed under subdivision 3a, unpaid amount due is greater 
than the current support due at the annual rate provided in 
section 549.09, subdivision 1, plus two percent, not to exceed 
an annual rate of 18 percent.  A payment or installment of 
support that becomes a judgment by operation of law between the 
date on which a party served notice of a motion for modification 
under section 518.64, subdivision 2, and the date of the court's 
order on modification may be modified under that subdivision. 
    Sec. 52.  Minnesota Statutes 1992, section 548.091, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [ENTRY, DOCKETING, AND SURVIVAL OF CHILD SUPPORT 
JUDGMENT.] Upon receipt of the documents filed under subdivision 
2a, the court administrator shall enter and docket the judgment 
in the amount of the default specified in the affidavit of 
default.  From the time of docketing, the judgment is a lien 
upon all the real property in the county owned by the judgment 
debtor.  The judgment survives and the lien continues for ten 
years after the date the judgment was docketed.  Child support 
judgments may be renewed by service of notice upon the debtor.  
Service shall be by certified mail at the last known address of 
the debtor or in the manner provided for the service of civil 
process.  Upon the filing of the notice and proof of service the 
court administrator shall renew the judgment for child support 
without any additional filing fee. 
    Sec. 53.  Minnesota Statutes 1992, section 588.20, is 
amended to read: 
    588.20 [CRIMINAL CONTEMPTS.] 
    Every person who shall commit a contempt of court, of any 
one of the following kinds, shall be guilty of a misdemeanor: 
    (1) Disorderly, contemptuous, or insolent behavior, 
committed during the sitting of the court, in its immediate view 
and presence, and directly tending to interrupt its proceedings, 
or to impair the respect due to its authority; 
    (2) Behavior of like character in the presence of a 
referee, while actually engaged in a trial or hearing, pursuant 
to an order of court, or in the presence of a jury while 
actually sitting for the trial of a cause, or upon an inquest or 
other proceeding authorized by law; 
    (3) Breach of the peace, noise, or other disturbance 
directly tending to interrupt the proceedings of a court, jury, 
or referee; 
    (4) Willful disobedience to the lawful process or other 
mandate of a court; 
    (5) Resistance willfully offered to its lawful process or 
other mandate; 
    (6) Contumacious and unlawful refusal to be sworn as a 
witness, or, after being sworn, to answer any legal and proper 
interrogatory; 
    (7) Publication of a false or grossly inaccurate report of 
its proceedings; or 
     (8) Willful failure to pay court-ordered child support when 
the obligor has the ability to pay.  
    No person shall be punished as herein provided for 
publishing a true, full, and fair report of a trial, argument, 
decision, or other proceeding had in court.  
    Sec. 54.  Minnesota Statutes 1992, section 609.375, 
subdivision 1, is amended to read: 
    Subdivision 1.  Whoever is legally obligated to provide 
care and support to a spouse who is in necessitous 
circumstances, or child, whether or not its custody has been 
granted to another, and knowingly omits and fails without lawful 
excuse to do so is guilty of nonsupport of the spouse or child, 
as the case may be a misdemeanor, and upon conviction thereof 
may be sentenced to imprisonment for not more than 90 days or to 
payment of a fine of not more than $300 $700, or both. 
    Sec. 55.  Minnesota Statutes 1992, section 609.375, 
subdivision 2, is amended to read: 
    Subd. 2.  If the knowing omission and failure without 
lawful excuse to provide care and support to a spouse, a minor 
child, or a pregnant wife violation of subdivision 1 continues 
for a period in excess of 90 days the person is guilty of a 
felony gross misdemeanor and may be sentenced to imprisonment 
for not more than five years one year or to payment of a fine of 
not more than $3,000, or both. 
    Sec. 56.  [INCOME WITHHOLDING; SINGLE CHECK SYSTEM CENTRAL 
DEPOSITORY OR OTHER FISCAL AGENT.] 
    The commissioner of human services, in consultation with 
county child support enforcement agencies and other persons with 
relevant expertise, shall study and make recommendations on:  
(1) the feasibility of establishing a single check system under 
which employers who are implementing income withholding may make 
one combined payment for payments due to public authorities to 
one public authority or to the commissioner of human services; 
and (2) the feasibility of establishing a central depository or 
designating a fiscal agent for receipt of child support 
payments.  The commissioner shall estimate the cost of the 
single check system and use of a central depository or fiscal 
agent and the level of fees that would be necessary to make them 
self-supporting.  The commissioner shall report to the 
legislature by January 15, 1995. 
    Sec. 57.  [INCOME SHARES FORMULA; JOINT AND SPLIT CUSTODY 
CHILD SUPPORT.] 
    The commissioner of human services advisory committee for 
child support enforcement shall study and make recommendations 
on: 
    (1) the feasibility of converting from the current child 
support guidelines to an income shares formula for determining 
child support; and 
    (2) guidelines or formulas for the computation of child 
support in cases involving joint physical or split custody.  The 
commissioner shall perform data analyses of any guidelines or 
formulas being recommended by the committee to determine the 
impact of the formula on child support based on different income 
levels and the number of children involved.  
    The commissioner shall not contract with any person outside 
the department to perform the study.  The commissioner shall 
report the findings and recommendations of the committee to the 
legislature by January 15, 1994. 
    Sec. 58.  [ADMINISTRATIVE PROCESS FOR CHILD SUPPORT.] 
     The commissioner of human services, in consultation with 
the commissioner's advisory committee for child support 
enforcement, shall develop and implement a plan to restructure 
the administrative process for setting, modifying, and enforcing 
child support under Minnesota Statutes, section 518.551, 
subdivision 10.  The plan shall implement a state-administered 
administrative process that is simple, streamlined, informal, 
uniform throughout the state, and accessible to parties without 
counsel no later than July 1, 1994. 
    Sec. 59.  [PURPOSE.] 
    The purpose of the amendment to Minnesota Statutes 1992, 
section 518.64, subdivision 2, paragraph (a), dealing with the 
presumption of a substantial change in circumstances and 
self-limited income, is to conform to Code of Federal 
Regulations, title 42, section 303.8(d)(2). 
    Sec. 60.  [REPEALER.] 
    (a) Minnesota Statutes 1992, section 256.979, is repealed. 
    (b) Minnesota Statutes 1992, section 609.37, is repealed. 
    Sec. 61.  [EFFECTIVE DATE; APPLICATION.] 
    (a) Except as otherwise provided in this section, this act 
is effective August 1, 1993. 
    (b) Sections 8 to 14 and 56 to 58 are effective July 1, 
1993. 
    (c) Sections 21, 22, and 33 apply to child support and 
medical support orders entered or modified on or after the 
effective date. 
    (d) Sections 54, 55, and 60, paragraph (b), are effective 
August 1, 1993, and apply to crimes committed on or after that 
date. 
    (d) Sections 36 and 37 are effective January 1, 1994. 
    Presented to the governor May 20, 1993 
    Signed by the governor May 24, 1993, 12:14 p.m.