Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 391-S.F.No. 1996
An act relating to family law; requiring specificity
in visitation orders; providing for enforcement of
visitation orders; modifying provisions for visitation
expeditors; providing for suspension of interest on
child support arrearages in certain cases; imposing
penalties; amending Minnesota Statutes 1994, sections
518.175, subdivisions 1 and 6; 518.1751; 518.68,
subdivisions 2 and 3; and 548.091, subdivision 1a;
Minnesota Statutes 1995 Supplement, section 518.5512,
by adding a subdivision; repealing Minnesota Statutes
1994, section 518.175, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
VISITATION
Section 1. Minnesota Statutes 1994, section 518.175,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] (a) In all proceedings for
dissolution or legal separation, subsequent to the commencement
of the proceeding and continuing thereafter during the minority
of the child, the court shall, upon the request of either
parent, grant such rights of visitation on behalf of the child
and noncustodial parent as will enable the child and the
noncustodial parent to maintain a child to parent relationship
that will be in the best interests of the child. If the court
finds, after a hearing, that visitation is likely to endanger
the child's physical or emotional health or impair the child's
emotional development, the court shall restrict visitation by
the noncustodial parent as to time, place, duration, or
supervision and may deny visitation entirely, as the
circumstances warrant. The court shall consider the age of the
child and the child's relationship with the noncustodial parent
prior to the commencement of the proceeding. A parent's failure
to pay support because of the parent's inability to do so shall
not be sufficient cause for denial of visitation.
(b) The court may provide that a law enforcement officer or
other appropriate person will accompany a party seeking to
enforce or comply with visitation.
(c) Upon request of either party, to the extent practicable
a visitation order must include a specific schedule for
visitation, including the frequency and duration of visitation
and visitation during holidays and vacations, unless visitation
is restricted, denied, or reserved.
(d) The court administrator shall provide a form for a pro
se motion regarding visitation disputes, which includes
provisions for indicating the relief requested, an affidavit in
which the party may state the facts of the dispute, and a brief
description of the visitation expeditor process under section
518.1751. The form may not include a request for a change of
custody. The court shall provide instructions on serving and
filing the motion.
Sec. 2. Minnesota Statutes 1994, section 518.175,
subdivision 6, is amended to read:
Subd. 6. [COMPENSATORY VISITATION REMEDIES.] (a) The court
may provide for one or more of the following remedies for denial
of or interference with visitation as provided under this
subdivision. All visitation orders must include notice of the
provisions of this subdivision.
(b) If the court finds that a person has been wrongfully
deprived of the duly established right to visitation, the court
shall order the custodial parent to permit additional visits to
compensate for the visitation of which the person was deprived.
Additional visits must be:
(1) of the same type and duration as the wrongfully denied
visit;
(2) taken within one year after the wrongfully denied
visit; and
(3) at a time acceptable to the person deprived of
visitation.
(c) If the court finds that a party has wrongfully failed
to comply with a visitation order or a binding agreement or
decision under section 518.1751, the court may:
(1) impose a civil penalty of up to $500 on the party; or
(2) require the party to post a bond with the court for a
specified period of time to secure the party's compliance.
A civil penalty imposed under this paragraph must be
deposited in the county general fund and must be used to fund
the costs of a visitation expeditor program in a county with
this program. In other counties, the civil penalty must be
deposited in the state general fund.
(d) If the court finds that a party has been denied
visitation and has incurred expenses in connection with the
denied visitation, the court may require the party who denied
visitation to post a bond in favor of the other party in the
amount of prepaid expenses associated with an upcoming planned
visitation.
(e) Proof of an unwarranted denial of or interference with
duly established visitation may constitute contempt of court and
may be sufficient cause for reversal of custody.
Sec. 3. Minnesota Statutes 1994, section 518.1751, is
amended to read:
518.1751 [VISITATION DISPUTE RESOLUTION.]
Subdivision 1. [VISITATION EXPEDITOR.] (a) Upon agreement
request of all parties either party or upon the court's own
motion, the court may appoint a visitation expeditor to resolve
visitation disputes that occur under a visitation order while a
matter is pending under this chapter, chapter 257 or 518A, or
after a decree is entered. Prior to appointing the visitation
expeditor, the court shall give the parties notice that the
costs of the visitation expeditor will be apportioned among the
parties and that if the parties do not reach an agreement, the
visitation expeditor will make a nonbinding decision resolving
the dispute.
(b) For purposes of this section, "visitation dispute"
means a disagreement among parties about visitation with a
child, including a dispute about an anticipated denial of a
future scheduled visit. "Visitation dispute" includes a claim
by a custodial parent that a noncustodial parent is not visiting
a child as well as a claim by a noncustodial parent that a
custodial parent is denying or interfering with visitation.
Subd. 2. [APPOINTMENT; COSTS.] The court shall appoint the
visitation expeditor and indicate the term of the appointment.
If the parties cannot agree on a visitation expeditor, the court
shall present a list of candidates with one more candidate than
there are parties to the dispute. In developing the list of
candidates, the court must give preference to persons who agree
to volunteer their services or who will charge a variable fee
for services based on the ability of the parties to pay for
them. Each party shall strike one name and the court shall
appoint the remaining individual as the visitation expeditor.
In its order appointing the visitation expeditor, the court
shall apportion the costs of the visitation expeditor among the
parties, with each party bearing the portion of costs that the
court determines is just and equitable under the circumstances.
If a party files a pro se motion regarding a visitation dispute
and there is not a court order that provides for apportionment
of the costs of an expeditor, the court administrator may
require the party requesting the appointment of an expeditor to
pay the costs of the expeditor in advance. Neither party may be
required to submit a dispute to a visitation expeditor if the
party cannot afford to pay for the costs of an expeditor and an
affordable expeditor is not available, unless the other party
agrees to pay the costs. After costs are incurred, a party may
by motion request that the costs be reapportioned on equitable
grounds. The court may consider the resources of the parties,
the nature of the dispute, and whether a party acted in bad
faith. The court may consider information from the expeditor in
determining bad faith.
Subd. 3. [AGREEMENT OR DECISION.] (a) If a visitation
dispute arises, the visitation expeditor shall meet with the
parties together or separately within five days and make a
diligent effort to facilitate an agreement to resolve the
visitation dispute. If a visitation dispute requires immediate
resolution, the visitation expeditor may confer with the parties
through a telephone conference or similar means. An expeditor
may make a decision without conferring with a party if the
expeditor made a good faith effort to confer with the party, but
the party chose not to participate in resolution of the dispute.
(b) If the parties do not reach an agreement, the expeditor
shall make a decision resolving the dispute as soon as
possible but not later than five days after the final meeting or
conference with the parties. Resolution of a dispute may
include compensatory visitation under section 518.175,
subdivision 6. The visitation expeditor may not make a decision
that modifies visitation rights ordered by the court. The
expeditor shall put an agreement or decision in writing, provide
a copy to the parties, and file a copy with the court. If a
party does not comply with an agreement of the parties or a
decision of the expeditor, any party may bring a motion with the
court to resolve the dispute. The court may consider the
agreement of the parties or the decision of the expeditor, but
neither is binding on the court.
Subd. 4. [OTHER AGREEMENTS.] This section does not
preclude the parties from voluntarily agreeing to submit their
visitation dispute to a neutral third party or from otherwise
resolving visitation disputes on a voluntary basis.
Subd. 5. [IMMUNITY.] A visitation expeditor is immune from
civil liability for actions taken or not taken when acting under
this section.
Subd. 6. [MANDATORY VISITATION DISPUTE RESOLUTION.] (a)
Subject to subdivision 7, a judicial district may establish a
mandatory visitation dispute resolution program as provided in
this subdivision. In a district where a program has been
established, parties may be required to submit visitation
disputes to a visitation expeditor as a prerequisite to a motion
on the dispute being heard by the court, or either party may
submit the dispute to a visitation expeditor. A party may file
a motion with the court for purposes of obtaining a court date,
if necessary, but a hearing may not be held until resolution of
the dispute with the visitation expeditor.
(b) If a visitation expeditor has not been previously
appointed for the parties under subdivision 1 and the parties
cannot agree on a visitation expeditor, the court or court
administrator shall appoint a visitation expeditor from a list
of candidates established by the judicial district, giving
preference to candidates who agree to volunteer their services
or charge a variable fee based on the ability of the parties to
pay.
(c) Notwithstanding subdivision 1, an agreement of the
parties or decision of the visitation expeditor under this
subdivision is binding on the parties unless vacated or modified
by the court. The expeditor shall put the agreement or decision
in writing, provide a copy to the parties, and file a copy with
the court. The court may consider the agreement of the parties
or the decision of the expeditor, but neither is binding on the
court.
Subd. 7. [EXCEPTIONS.] A party may not be required to
refer a visitation dispute to a visitation expeditor under this
section if:
(1) the party has obtained an order for protection under
chapter 518B against the other party; or
(2) the party is unable to pay the costs of the expeditor,
as provided under subdivision 2.
Sec. 4. Minnesota Statutes 1994, section 518.68,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS.] The required notices must be
substantially as follows:
IMPORTANT NOTICE
1. PAYMENTS TO PUBLIC AGENCY
Pursuant to Minnesota Statutes, section 518.551,
subdivision 1, payments ordered for maintenance and support
must be paid to the public agency responsible for child
support enforcement as long as the person entitled to
receive the payments is receiving or has applied for public
assistance or has applied for support and maintenance
collection services. MAIL PAYMENTS TO:
2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A
FELONY
A person may be charged with a felony who conceals a minor
child or takes, obtains, retains, or fails to return a
minor child from or to the child's parent (or person with
custodial or visitation rights), pursuant to Minnesota
Statutes, section 609.26. A copy of that section is
available from any district court clerk.
3. RULES OF SUPPORT, MAINTENANCE, VISITATION
(a) Payment of support or spousal maintenance is to be as
ordered, and the giving of gifts or making purchases of
food, clothing, and the like will not fulfill the
obligation.
(b) Payment of support must be made as it becomes due, and
failure to secure or denial of rights of visitation is NOT
an excuse for nonpayment, but the aggrieved party must seek
relief through a proper motion filed with the court.
(c) Nonpayment of support is not grounds to deny
visitation. The party entitled to receive support may
apply for support and collection services, file a contempt
motion, or obtain a judgment as provided in Minnesota
Statutes, section 548.091.
(d) The payment of support or spousal maintenance takes
priority over payment of debts and other obligations.
(e) A party who accepts additional obligations of support
does so with the full knowledge of the party's prior
obligation under this proceeding.
(f) Child support or maintenance is based on annual income,
and it is the responsibility of a person with seasonal
employment to budget income so that payments are made
throughout the year as ordered.
(g) If there is a layoff or a pay reduction, support may be
reduced as of the time of the layoff or pay reduction if a
motion to reduce the support is served and filed with the
court at that time, but any such reduction must be ordered
by the court. The court is not permitted to reduce support
retroactively, except as provided in Minnesota Statutes,
section 518.64, subdivision 2, paragraph (c).
4. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17,
SUBDIVISION 3
Unless otherwise provided by the Court:
(a) Each party has the right of access to, and to receive
copies of, school, medical, dental, religious training, and
other important records and information about the minor
children. Each party has the right of access to
information regarding health or dental insurance available
to the minor children. Presentation of a copy of this
order to the custodian of a record or other information
about the minor children constitutes sufficient
authorization for the release of the record or information
to the requesting party.
(b) Each party shall keep the other informed as to the name
and address of the school of attendance of the minor
children. Each party has the right to be informed by
school officials about the children's welfare, educational
progress and status, and to attend school and parent
teacher conferences. The school is not required to hold a
separate conference for each party.
(c) In case of an accident or serious illness of a minor
child, each party shall notify the other party of the
accident or illness, and the name of the health care
provider and the place of treatment.
(d) Each party has the right of reasonable access and
telephone contact with the minor children.
5. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE
Child support and/or spousal maintenance may be withheld
from income, with or without notice to the person obligated
to pay, when the conditions of Minnesota Statutes, sections
518.611 and 518.613, have been met. A copy of those
sections is available from any district court clerk.
6. CHANGE OF ADDRESS OR RESIDENCE
Unless otherwise ordered, the person responsible to make
support or maintenance payments shall notify the person
entitled to receive the payment and the public authority
responsible for collection, if applicable, of a change of
address or residence within 60 days of the address or
residence change.
7. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE
Child support and/or spousal maintenance may be adjusted
every two years based upon a change in the cost of living
(using Department of Labor Consumer Price Index ..........,
unless otherwise specified in this order) when the
conditions of Minnesota Statutes, section 518.641, are met.
Cost of living increases are compounded. A copy of
Minnesota Statutes, section 518.641, and forms necessary to
request or contest a cost of living increase are available
from any district court clerk.
8. JUDGMENTS FOR UNPAID SUPPORT
If a person fails to make a child support payment, the
payment owed becomes a judgment against the person
responsible to make the payment by operation of law on or
after the date the payment is due, and the person entitled
to receive the payment or the public agency may obtain
entry and docketing of the judgment WITHOUT NOTICE to the
person responsible to make the payment under Minnesota
Statutes, section 548.091. Interest begins to accrue on a
payment or installment of child support whenever the unpaid
amount due is greater than the current support due,
pursuant to Minnesota Statutes, section 548.091,
subdivision 1a.
9. JUDGMENTS FOR UNPAID MAINTENANCE
A judgment for unpaid spousal maintenance may be entered
when the conditions of Minnesota Statutes, section 548.091,
are met. A copy of that section is available from any
district court clerk.
10. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD
SUPPORT
A judgment for attorney fees and other collection costs
incurred in enforcing a child support order will be entered
against the person responsible to pay support when the
conditions of section 518.14, subdivision 2, are met. A
copy of section 518.14 and forms necessary to request or
contest these attorney fees and collection costs are
available from any district court clerk.
11. VISITATION EXPEDITOR PROCESS
On request of either party or on its own motion, the court
may appoint a visitation expeditor to resolve visitation
disputes under Minnesota Statutes, section 518.1751. A
copy of that section and a description of the expeditor
process is available from any district court clerk.
12. VISITATION REMEDIES AND PENALTIES
Remedies and penalties for the wrongful denial of
visitation rights are available under Minnesota Statutes,
section 518.175, subdivision 6. These include compensatory
visitation; civil penalties; bond requirements; contempt;
and reversal of custody. A copy of that subdivision and
forms for requesting relief are available from any district
court clerk.
Sec. 5. Minnesota Statutes 1994, section 518.68,
subdivision 3, is amended to read:
Subd. 3. [COPIES OF LAW AND FORMS.] The district court
administrator shall make available at no charge copies of the
sections 518.14, 518.17, 518.611, 518.613, 518.641, 548.091, and
609.26 referred to in subdivision 2, and shall provide forms to
request or contest attorney fees and collection costs or a
cost-of-living increase under section 518.14, subdivision 2, or
518.641.
Sec. 6. [REPEALER.]
Minnesota Statutes 1994, section 518.175, subdivision 4, is
repealed.
ARTICLE 2
CHILD SUPPORT INTEREST
Section 1. Minnesota Statutes 1995 Supplement, section
518.5512, is amended by adding a subdivision to read:
Subd. 4. [TERMINATION OF INTEREST.] The public authority
or a party bringing a motion under section 548.091, subdivision
1a, may proceed immediately to a contested administrative
proceeding under section 518.5511, subdivision 4.
Sec. 2. Minnesota Statutes 1994, section 548.091,
subdivision 1a, is amended to read:
Subd. 1a. [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.]
(a) 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. Except as otherwise
provided by paragraph (b), interest accrues from the date the
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.
(b) Notwithstanding the provisions of section 549.09, upon
motion to the court and upon proof by the obligor of 36
consecutive months of complete and timely payments of both
current support and court-ordered paybacks of a child support
debt or arrearage, the court may order interest on the remaining
debt or arrearage to stop accruing. Timely payments are those
made in the month in which they are due. If, after that time,
the obligor fails to make complete and timely payments of both
current support and court-ordered paybacks of child support debt
or arrearage, the public authority or the obligee may move the
court for the reinstatement of interest as of the month in which
the obligor ceased making complete and timely payments.
The court shall provide copies of all orders issued under
this section to the public authority. The commissioner of human
services shall prepare and make available to the court and the
parties forms to be submitted by the parties in support of a
motion under this paragraph.
Presented to the governor March 26, 1996
Signed by the governor March 28, 1996, 10:20 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes