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Minnesota Session Laws - 2005, Regular Session

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

                            CHAPTER 164-S.F.No. 630 
                  An act relating to civil law; increasing fees related 
                  to marriage and child support; reforming law relating 
                  to child support; establishing criteria for support 
                  obligations; defining parents' rights and 
                  responsibilities; appropriating money; amending 
                  Minnesota Statutes 2004, sections 357.021, 
                  subdivisions 1a, 2; 518.005, by adding a subdivision; 
                  518.54; 518.55, subdivision 4; 518.551, subdivisions 
                  5, 5b; 518.64, subdivision 2, by adding subdivisions; 
                  518.68, subdivision 2; proposing coding for new law in 
                  Minnesota Statutes, chapter 518; repealing Minnesota 
                  Statutes 2004, sections 518.171; 518.54, subdivisions 
                  2, 4, 4a; 518.551, subdivisions 1, 5a, 5c, 5f. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 357.021, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [TRANSMITTAL OF FEES TO COMMISSIONER OF 
        FINANCE.] (a) Every person, including the state of Minnesota and 
        all bodies politic and corporate, who shall transact any 
        business in the district court, shall pay to the court 
        administrator of said court the sundry fees prescribed in 
        subdivision 2.  Except as provided in paragraph (d), the court 
        administrator shall transmit the fees monthly to the 
        commissioner of finance for deposit in the state treasury and 
        credit to the general fund.  
           (b) In a county which has a screener-collector position, 
        fees paid by a county pursuant to this subdivision shall be 
        transmitted monthly to the county treasurer, who shall apply the 
        fees first to reimburse the county for the amount of the salary 
        paid for the screener-collector position.  The balance of the 
        fees collected shall then be forwarded to the commissioner of 
        finance for deposit in the state treasury and credited to the 
        general fund.  In a county in a judicial district under section 
        480.181, subdivision 1, paragraph (b), which has a 
        screener-collector position, the fees paid by a county shall be 
        transmitted monthly to the commissioner of finance for deposit 
        in the state treasury and credited to the general fund.  A 
        screener-collector position for purposes of this paragraph is an 
        employee whose function is to increase the collection of fines 
        and to review the incomes of potential clients of the public 
        defender, in order to verify eligibility for that service. 
           (c) No fee is required under this section from the public 
        authority or the party the public authority represents in an 
        action for: 
           (1) child support enforcement or modification, medical 
        assistance enforcement, or establishment of parentage in the 
        district court, or in a proceeding under section 484.702; 
           (2) civil commitment under chapter 253B; 
           (3) the appointment of a public conservator or public 
        guardian or any other action under chapters 252A and 525; 
           (4) wrongfully obtaining public assistance under section 
        256.98 or 256D.07, or recovery of overpayments of public 
        assistance; 
           (5) court relief under chapter 260; 
           (6) forfeiture of property under sections 169A.63 and 
        609.531 to 609.5317; 
           (7) recovery of amounts issued by political subdivisions or 
        public institutions under sections 246.52, 252.27, 256.045, 
        256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331, 
        and 260C.331, or other sections referring to other forms of 
        public assistance; 
           (8) restitution under section 611A.04; or 
           (9) actions seeking monetary relief in favor of the state 
        pursuant to section 16D.14, subdivision 5. 
           (d) The fees $20 from each fee collected for child support 
        modifications under subdivision 2, clause (13), must be 
        transmitted to the county treasurer for deposit in the county 
        general fund and $35 from each fee shall be credited to the 
        state general fund.  The fees must be used by the county to pay 
        for child support enforcement efforts by county attorneys. 
           Sec. 2.  Minnesota Statutes 2004, section 357.021, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
        collected by the court administrator shall be as follows: 
           (1) In every civil action or proceeding in said court, 
        including any case arising under the tax laws of the state that 
        could be transferred or appealed to the Tax Court, the 
        plaintiff, petitioner, or other moving party shall pay, when the 
        first paper is filed for that party in said action, a fee of 
        $235. 
           The defendant or other adverse or intervening party, or any 
        one or more of several defendants or other adverse or 
        intervening parties appearing separately from the others, shall 
        pay, when the first paper is filed for that party in said 
        action, a fee of $235. 
           The party requesting a trial by jury shall pay $75. 
           The fees above stated shall be the full trial fee 
        chargeable to said parties irrespective of whether trial be to 
        the court alone, to the court and jury, or disposed of without 
        trial, and shall include the entry of judgment in the action, 
        but does not include copies or certified copies of any papers so 
        filed or proceedings under chapter 103E, except the provisions 
        therein as to appeals. 
           (2) Certified copy of any instrument from a civil or 
        criminal proceeding, $10, and $5 for an uncertified copy. 
           (3) Issuing a subpoena, $12 for each name. 
           (4) Filing a motion or response to a motion in civil, 
        family, excluding child support, and guardianship cases, $55.  
           (5) Issuing an execution and filing the return thereof; 
        issuing a writ of attachment, injunction, habeas corpus, 
        mandamus, quo warranto, certiorari, or other writs not 
        specifically mentioned, $40. 
           (6) Issuing a transcript of judgment, or for filing and 
        docketing a transcript of judgment from another court, $30. 
           (7) Filing and entering a satisfaction of judgment, partial 
        satisfaction, or assignment of judgment, $5. 
           (8) Certificate as to existence or nonexistence of 
        judgments docketed, $5 for each name certified to. 
           (9) Filing and indexing trade name; or recording basic 
        science certificate; or recording certificate of physicians, 
        osteopaths, chiropractors, veterinarians, or optometrists, $5. 
           (10) For the filing of each partial, final, or annual 
        account in all trusteeships, $40. 
           (11) For the deposit of a will, $20. 
           (12) For recording notary commission, $100, of which, 
        notwithstanding subdivision 1a, paragraph (b), $80 must be 
        forwarded to the commissioner of finance to be deposited in the 
        state treasury and credited to the general fund. 
           (13) Filing a motion or response to a motion for 
        modification of child support, a fee fixed by rule or order of 
        the Supreme Court of $55.  
           (14) All other services required by law for which no fee is 
        provided, such fee as compares favorably with those herein 
        provided, or such as may be fixed by rule or order of the court. 
           (15) In addition to any other filing fees under this 
        chapter, a surcharge in the amount of $75 must be assessed in 
        accordance with section 259.52, subdivision 14, for each 
        adoption petition filed in district court to fund the fathers' 
        adoption registry under section 259.52. 
           The fees in clauses (3) and (5) need not be paid by a 
        public authority or the party the public authority represents. 
           Sec. 3.  Minnesota Statutes 2004, section 518.005, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [FILING FEE.] The initial pleading filed in all 
        proceedings for dissolution of marriage, legal separation, or 
        annulment or proceedings to establish child support obligations 
        shall be accompanied by a filing fee of $50.  The fee is in 
        addition to any other prescribed by law or rule. 
           Sec. 4.  [518.1781] [SIX-MONTH REVIEW.] 
           (a) A request for a six-month review hearing form must be 
        attached to a decree of dissolution or legal separation or an 
        order that initially establishes child custody, parenting time, 
        or support rights and obligations of parents.  The state court 
        administrator is requested to prepare the request for review 
        hearing form.  The form must include information regarding the 
        procedures for requesting a hearing, the purpose of the hearing, 
        and any other information regarding a hearing under this section 
        that the state court administrator deems necessary. 
           (b) The six-month review hearing shall be held if any party 
        submits a written request for a hearing within six months after 
        entry of a decree of dissolution or legal separation or order 
        that establishes child custody, parenting time, or support. 
           (c) Upon receipt of a completed request for hearing form, 
        the court administrator shall provide notice of the hearing to 
        all other parties and the public authority.  The court 
        administrator shall schedule the six-month review hearing as 
        soon as practicable following the receipt of the hearing request 
        form. 
           (d) At the six-month hearing, the court must review: 
           (1) whether child support is current; and 
           (2) whether both parties are complying with the parenting 
        time provisions of the order. 
           (e) At the six-month hearing, the obligor has the burden to 
        present evidence to establish that child support payments are 
        current.  A party may request that the public authority provide 
        information to the parties and court regarding child support 
        payments.  A party must request the information from the public 
        authority at least 14 days before the hearing.  The commissioner 
        of human services must develop a form to be used by the public 
        authority to submit child support payment information to the 
        parties and court. 
           (f) Contempt of court and all statutory remedies for child 
        support and parenting time enforcement may be imposed by the 
        court at the six-month hearing for noncompliance by either party 
        pursuant to chapters 517C and 588 and the Minnesota Court Rules. 
           (g) A request for a six-month review hearing form must be 
        attached to a decree or order that initially establishes child 
        support rights and obligations according to section 517A.29. 
           Sec. 5.  Minnesota Statutes 2004, section 518.54, is 
        amended to read: 
           518.54 [DEFINITIONS.] 
           Subdivision 1.  [TERMS.] For the purposes of sections 
        518.54 to 518.66 518.773, the terms defined in this section 
        shall have the meanings respectively ascribed to them. 
           Subd. 2.  [CHILD.] "Child" means an individual under 18 
        years of age, an individual under age 20 who is still attending 
        secondary school, or an individual who, by reason of physical or 
        mental condition, is incapable of self-support. 
           Subd. 2a.  [DEPOSIT ACCOUNT.] "Deposit account" means funds 
        deposited with a financial institution in the form of a savings 
        account, checking account, NOW account, or demand deposit 
        account. 
           Subd. 2b.  [FINANCIAL INSTITUTION.] "Financial institution" 
        means a savings association, bank, trust company, credit union, 
        industrial loan and thrift company, bank and trust company, or 
        savings association, and includes a branch or detached facility 
        of a financial institution. 
           Subd. 3.  [MAINTENANCE.] "Maintenance" means an award made 
        in a dissolution or legal separation proceeding of payments from 
        the future income or earnings of one spouse for the support and 
        maintenance of the other. 
           Subd. 4.  [SUPPORT MONEY; CHILD SUPPORT.] "Support money" 
        or "child support" means an amount for basic support, child care 
        support, and medical support pursuant to: 
           (1) an award in a dissolution, legal separation, annulment, 
        or parentage proceeding for the care, support and education of 
        any child of the marriage or of the parties to the proceeding; 
        or 
           (2) a contribution by parents ordered under section 256.87; 
        or 
           (3) support ordered under chapter 518B or 518C. 
           Subd. 4a.  [SUPPORT ORDER.] "Support order" means a 
        judgment, decree, or order, whether temporary, final, or subject 
        to modification, issued by a court or administrative agency of 
        competent jurisdiction, for the support and maintenance of a 
        child, including a child who has attained the age of majority 
        under the law of the issuing state, or a child and the parent 
        with whom the child is living, that provides for monetary 
        support, child care, medical support including expenses for 
        confinement and pregnancy, arrearages, or reimbursement, and 
        that may include related costs and fees, interest and penalties, 
        income withholding, and other relief.  This definition applies 
        to orders issued under this chapter and chapters 256, 257, and 
        518C. 
           Subd. 5.  [MARITAL PROPERTY; EXCEPTIONS.] "Marital 
        property" means property, real or personal, including vested 
        public or private pension plan benefits or rights, acquired by 
        the parties, or either of them, to a dissolution, legal 
        separation, or annulment proceeding at any time during the 
        existence of the marriage relation between them, or at any time 
        during which the parties were living together as husband and 
        wife under a purported marriage relationship which is annulled 
        in an annulment proceeding, but prior to the date of valuation 
        under section 518.58, subdivision 1.  All property acquired by 
        either spouse subsequent to the marriage and before the 
        valuation date is presumed to be marital property regardless of 
        whether title is held individually or by the spouses in a form 
        of co-ownership such as joint tenancy, tenancy in common, 
        tenancy by the entirety, or community property.  Each spouse 
        shall be deemed to have a common ownership in marital property 
        that vests not later than the time of the entry of the decree in 
        a proceeding for dissolution or annulment.  The extent of the 
        vested interest shall be determined and made final by the court 
        pursuant to section 518.58.  If a title interest in real 
        property is held individually by only one spouse, the interest 
        in the real property of the nontitled spouse is not subject to 
        claims of creditors or judgment or tax liens until the time of 
        entry of the decree awarding an interest to the nontitled 
        spouse.  The presumption of marital property is overcome by a 
        showing that the property is nonmarital property. 
           "Nonmarital property" means property real or personal, 
        acquired by either spouse before, during, or after the existence 
        of their marriage, which 
           (a) is acquired as a gift, bequest, devise or inheritance 
        made by a third party to one but not to the other spouse; 
           (b) is acquired before the marriage; 
           (c) is acquired in exchange for or is the increase in value 
        of property which is described in clauses (a), (b), (d), and 
        (e); 
           (d) is acquired by a spouse after the valuation date; or 
           (e) is excluded by a valid antenuptial contract. 
           Subd. 6.  [INCOME.] "Income" means any form of periodic 
        payment to an individual including, but not limited to, wages, 
        salaries, payments to an independent contractor, workers' 
        compensation, unemployment benefits, annuity, military and naval 
        retirement, pension and disability payments.  Benefits received 
        under Title IV-A of the Social Security Act and chapter 256J are 
        not income under this section. 
           Subd. 7.  [OBLIGEE.] "Obligee" means a person to whom 
        payments for maintenance or support are owed.  
           Subd. 8.  [OBLIGOR.] "Obligor" means a person obligated to 
        pay maintenance or support.  A person who is designated as the 
        sole physical custodian of a child is presumed not to be an 
        obligor for purposes of calculating current support under 
        section 518.551 unless the court makes specific written findings 
        to overcome this presumption.  For purposes of ordering medical 
        support under section 518.719, a custodial parent may be an 
        obligor subject to a cost-of-living adjustment under section 
        518.641 and a payment agreement under section 518.553. 
           Subd. 9.  [PUBLIC AUTHORITY.] "Public authority" means 
        the public authority responsible for child support enforcement 
        local unit of government, acting on behalf of the state, that is 
        responsible for child support enforcement or the Department of 
        Human Services, Child Support Enforcement Division.  
           Subd. 10.  [PENSION PLAN BENEFITS OR RIGHTS.] "Pension plan 
        benefits or rights" means a benefit or right from a public or 
        private pension plan accrued to the end of the month in which 
        marital assets are valued, as determined under the terms of the 
        laws or other plan document provisions governing the plan, 
        including section 356.30. 
           Subd. 11.  [PUBLIC PENSION PLAN.] "Public pension plan" 
        means a pension plan or fund specified in section 356.20, 
        subdivision 2, or 356.30, subdivision 3, the deferred 
        compensation plan specified in section 352.96, or any retirement 
        or pension plan or fund, including a supplemental retirement 
        plan or fund, established, maintained, or supported by a 
        governmental subdivision or public body whose revenues are 
        derived from taxation, fees, assessments, or from other public 
        sources. 
           Subd. 12.  [PRIVATE PENSION PLAN.] "Private pension plan" 
        means a plan, fund, or program maintained by an employer or 
        employee organization that provides retirement income to 
        employees or results in a deferral of income by employees for a 
        period extending to the termination of covered employment or 
        beyond. 
           Subd. 13.  [ARREARS.] Arrears are amounts that accrue 
        pursuant to an obligor's failure to comply with a support 
        order.  Past support and pregnancy and confinement expenses 
        contained in a support order are arrears if the court order does 
        not contain repayment terms.  Arrears also arise by the 
        obligor's failure to comply with the terms of a court order for 
        repayment of past support or pregnancy and confinement 
        expenses.  An obligor's failure to comply with the terms for 
        repayment of amounts owed for past support or pregnancy and 
        confinement turns the entire amount owed into arrears. 
           Subd. 14.  [IV-D CASE.] "IV-D case" means a case where a 
        party has assigned to the state rights to child support because 
        of the receipt of public assistance as defined in section 
        256.741 or has applied for child support services under title 
        IV-D of the Social Security Act, United States Code, title 42, 
        section 654(4). 
           Subd. 15.  [PARENTAL INCOME FOR CHILD SUPPORT 
        (PICS).] "Parental income for child support," or "PICS," means 
        gross income under subdivision 18 minus deductions for nonjoint 
        children as allowed by section 518.717. 
           Subd. 16.  [APPORTIONED VETERANS' BENEFITS.] "Apportioned 
        veterans' benefits" means the amount the Veterans Administration 
        deducts from the veteran's award and disburses to the child or 
        the child's representative payee.  The apportionment of 
        veterans' benefits shall be that determined by the Veterans 
        Administration and governed by Code of Federal Regulations, 
        title 38, sections 3.450 to 3.458. 
           Subd. 17.  [BASIC SUPPORT.] "Basic support" means the 
        support obligation determined by applying the parent's parental 
        income for child support, or if there are two parents, their 
        combined parental income for child support, to the guideline in 
        the manner set out in section 518.725.  Basic support includes 
        the dollar amount ordered for a child's housing, food, clothing, 
        transportation, and education costs, and other expenses relating 
        to the child's care.  Basic support does not include monetary 
        contributions for a child's child care expenses and medical and 
        dental expenses.  
           Subd. 18.  [GROSS INCOME.] "Gross income" means: 
           (1) the gross income of the parent calculated under section 
        518.7123; plus 
           (2) Social Security or veterans' benefit payments received 
        on behalf of the child under section 518.718; plus 
           (3) the potential income of the parent, if any, as 
        determined in subdivision 23; minus 
           (4) spousal maintenance that any party has been ordered to 
        pay; minus 
           (5) the amount of any existing child support order for 
        other nonjoint children. 
           Subd. 19.  [JOINT CHILD.] "Joint child" means the dependent 
        child who is the son or daughter of both parents in the support 
        proceeding.  In those cases where support is sought from only 
        one parent of a child, a joint child is the child for whom 
        support is sought. 
           Subd. 20.  [NONJOINT CHILD.] "Nonjoint child" means the 
        legal child of one, but not both of the parents subject to this 
        determination.  Specifically excluded from this definition are 
        stepchildren. 
           Subd. 21.  [PARENTING TIME.] "Parenting time" means the 
        amount of time a child is scheduled to spend with the parent 
        according to a court order.  Parenting time includes time with 
        the child whether it is designated as visitation, physical 
        custody, or parenting time.  For purposes of section 518.722, 
        the percentage of parenting time may be calculated by 
        calculating the number of overnights that a child spends with a 
        parent, or by using a method other than overnights if the parent 
        has significant time periods where the child is in the parent's 
        physical custody, but does not stay overnight. 
           Subd. 22.  [PAYOR OF FUNDS.] "Payor of funds" means a 
        person or entity that provides funds to an obligor, including an 
        employer as defined under chapter 24, section 3401(d), of the 
        Internal Revenue Code, an independent contractor, payor of 
        workers' compensation benefits or unemployment insurance 
        benefits, or a financial institution as defined in section 
        13B.06.  
           Subd. 23.  [POTENTIAL INCOME.] "Potential income" is income 
        determined under this subdivision. 
           (a) If a parent is voluntarily unemployed, underemployed, 
        or employed on a less than full-time basis, or there is no 
        direct evidence of any income, child support shall be calculated 
        based on a determination of potential income.  For purposes of 
        this determination, it is rebuttably presumed that a parent can 
        be gainfully employed on a full-time basis. 
           (b) Determination of potential income shall be made 
        according to one of three methods, as appropriate:  
           (1) the parent's probable earnings level based on 
        employment potential, recent work history, and occupational 
        qualifications in light of prevailing job opportunities and 
        earnings levels in the community; 
           (2) if a parent is receiving unemployment compensation or 
        workers' compensation, that parent's income may be calculated 
        using the actual amount of the unemployment compensation or 
        workers' compensation benefit received; or 
           (3) the amount of income a parent could earn working full 
        time at 150 percent of the current federal or state minimum 
        wage, whichever is higher. 
           (c) A parent is not considered voluntarily unemployed or 
        underemployed upon a showing by the parent that: 
           (1) unemployment or underemployment is temporary and will 
        ultimately lead to an increase in income; 
           (2) the unemployment or underemployment represents a bona 
        fide career change that outweighs the adverse effect of that 
        parent's diminished income on the child; or 
           (3) the parent is unable to work full time due to a 
        verified disability or due to incarceration. 
           (d) As used in this section, "full time" means 40 hours of 
        work in a week except in those industries, trades, or 
        professions in which most employers due to custom, practice, or 
        agreement utilize a normal work week of more or less than 40 
        hours in a week. 
           (e) If the parent of a joint child is a recipient of a 
        temporary assistance to a needy family (TANF) cash grant, no 
        potential income shall be imputed to that parent. 
           (f) If a parent stays at home to care for a child who is 
        subject to the child support order, the court may consider the 
        following factors when determining whether the parent is 
        voluntarily unemployed or underemployed: 
           (1) the parties' parenting and child care arrangements 
        before the child support action; 
           (2) the stay-at-home parent's employment history, recency 
        of employment, earnings, and the availability of jobs within the 
        community for an individual with the parent's qualifications; 
           (3) the relationship between the employment-related 
        expenses, including, but not limited to, child care and 
        transportation costs required for the parent to be employed, and 
        the income the stay-at-home parent could receive from available 
        jobs within the community for an individual with the parent's 
        qualifications; 
           (4) the child's age and health, including whether the child 
        is physically or mentally disabled; and 
           (5) the availability of child care providers.  
           (g) Paragraph (f) does not apply if the parent stays at 
        home to care for other nonjoint children, only. 
           (h) A self-employed parent shall not be considered to be 
        voluntarily unemployed or underemployed if that parent can show 
        that the parent's net self-employment income is lower because of 
        economic conditions.  
           Subd. 24.  [PRIMARY PHYSICAL CUSTODY.] The parent having 
        "primary physical custody" means the parent who provides the 
        primary residence for a child and is responsible for the 
        majority of the day-to-day decisions concerning a child.  
           Subd. 25.  [SOCIAL SECURITY BENEFITS.] "Social Security 
        benefits" means the monthly amount the Social Security 
        Administration pays to a joint child or the child's 
        representative payee due solely to the disability or retirement 
        of either parent.  Benefits paid to a parent due to the 
        disability of a child are excluded from this definition. 
           Subd. 26.  [SPLIT CUSTODY.] "Split custody" means that each 
        parent in a two-parent calculation has primary physical custody 
        of at least one of the joint children. 
           Subd. 27.  [SURVIVORS' AND DEPENDENTS' EDUCATIONAL 
        ASSISTANCE.] "Survivors' and dependents' educational assistance" 
        are funds disbursed by the Veterans Administration under United 
        States Code, title 38, chapter 35, to the child or the child's 
        representative payee. 
           Sec. 6.  Minnesota Statutes 2004, section 518.55, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DETERMINATION OF CONTROLLING ORDER.] The public 
        authority or a party may request the district court to determine 
        a controlling order in situations in which more than one order 
        involving the same obligor and child exists.  The court shall 
        presume that the latest order that involves the same obligor and 
        joint child is controlling, subject to contrary proof. 
           Sec. 7.  Minnesota Statutes 2004, 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 public 
        assistance or applies for it subsequent to the commencement of 
        the proceeding.  The notice must contain the full names of the 
        parties to the proceeding, their Social Security account 
        numbers, and their birth dates.  After receipt of the notice, 
        the court shall set child support as provided in this 
        subdivision section 518.725.  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 (i) section 518.725.  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 (c) section 518.714 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 
        $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. 
        $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- 5000  25%   30%   35%   39%   43%   47%   50% 
        or the amount 
        in effect under
        paragraph (k)
           Guidelines for support for an obligor with a monthly income 
        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 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 paid and shall allocate the 
        costs to each parent in proportion to each parent's net income, 
        as determined under this subdivision, after the transfer of 
        child support and spousal maintenance, unless the allocation 
        would be substantially unfair to either parent.  There is a 
        presumption of substantial unfairness if after the sum total of 
        child support, spousal maintenance, and child care costs is 
        subtracted from the obligor's income, the income is at or below 
        100 percent of the federal poverty guidelines.  The cost of 
        child care for purposes of this paragraph is 75 percent of the 
        actual cost paid for child care, to reflect the approximate 
        value of state and federal tax credits available to the 
        obligee.  The actual cost paid for child care is the total 
        amount received by the child care provider for the child or 
        children of the obligor from the obligee or any public agency.  
        The court shall require verification of employment or school 
        attendance and documentation of child care expenses from the 
        obligee and the public agency, if applicable.  If child care 
        expenses fluctuate during the year because of seasonal 
        employment or school attendance of the obligee or extended 
        periods of parenting time with the obligor, the court shall 
        determine child care expenses based on an average monthly cost.  
        The amount allocated for child care expenses is considered child 
        support but is not subject to a cost-of-living adjustment under 
        section 518.641.  The amount allocated for child care expenses 
        terminates when either party notifies the public authority that 
        the child care costs have ended and without any legal action on 
        the part of either party.  The public authority shall verify the 
        information received under this provision before authorizing 
        termination.  The termination is effective as of the date of the 
        notification.  In other cases where there is a substantial 
        increase or decrease in child care expenses, the parties may 
        modify the order under section 518.64. 
           The court may allow the obligor parent to care for the 
        child while the obligee parent is working, as provided in 
        section 518.175, subdivision 8, but this is not a reason to 
        deviate from the guidelines. 
           (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 (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 standard of living the child would have enjoyed had 
        the marriage not been dissolved, but recognizing that the 
        parents now have separate households; 
           (4) which parent receives the income taxation dependency 
        exemption and what financial benefit the parent receives from 
        it; 
           (5) the parents' debts as provided in paragraph (d); and 
           (6) the obligor's receipt of public assistance under the 
        AFDC program formerly codified under sections 256.72 to 256.82 
        or 256B.01 to 256B.40 and chapter 256J or 256K.  
           (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 256.741; 
           (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. 
           (e) Any schedule prepared under paragraph (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.  
           (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.  
           (g) If payment of debt is ordered pursuant to this section, 
        the payment shall be ordered to be in the nature of child 
        support.  
           (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.  
           (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 amount of support calculated under the 
        guidelines, the reasons for the deviation, and shall 
        specifically address the criteria in paragraph (c) and how the 
        deviation serves the best interest of the child.  The court may 
        deviate from the guidelines if both parties agree and the court 
        makes written findings that it is in the best interests of the 
        child, except that in cases where child support payments are 
        assigned to the public agency under section 256.741, the court 
        may deviate downward only as provided in paragraph (j).  Nothing 
        in this paragraph prohibits the court from deviating in other 
        cases.  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 256.741, 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. 
           (l)  In establishing or modifying child support, if a child 
        receives a child's insurance benefit under United States Code, 
        title 42, section 402, because the obligor is entitled to old 
        age or disability insurance benefits, the amount of support 
        ordered shall be offset by the amount of the child's benefit.  
        The court shall make findings regarding the obligor's income 
        from all sources, the child support amount calculated under this 
        section, the amount of the child's benefit, and the obligor's 
        child support obligation.  Any benefit received by the child in 
        a given month in excess of the child support obligation shall 
        not be treated as an arrearage payment or a future payment. 
           Sec. 8.  Minnesota Statutes 2004, section 518.551, 
        subdivision 5b, is amended to read: 
           Subd. 5b.  [DETERMINATION OF INCOME PROVIDING INCOME 
        INFORMATION.] (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 benefits 
        statements, workers' compensation statements, and all other 
        documents evidencing income as received that provide 
        verification of income over a longer period In any case where 
        the parties have joint children for which a child support order 
        must be determined, the parties shall serve and file with their 
        initial pleadings or motion documents, a financial affidavit, 
        disclosing all sources of gross income.  The financial affidavit 
        shall include relevant supporting documentation necessary to 
        calculate the parental income for child support under section 
        518.54, subdivision 15, including, but not limited to, pay stubs 
        for the most recent three months, employer statements, or 
        statements of receipts and expenses if self-employed.  
        Documentation of earnings and income also include relevant 
        copies of each parent's most recent federal tax returns, 
        including W-2 forms, 1099 forms, unemployment benefit 
        statements, workers' compensation statements, and all other 
        documents evidencing earnings or income as received that provide 
        verification for the financial affidavit. 
           (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 serve and file the financial affidavit 
        with the parent's initial pleading, the court shall set income 
        for that parent based on credible evidence before the court or 
        in accordance with paragraph (d) section 518.54, subdivision 23. 
        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 Employment and Economic Development 
        under section 268.044.  
           (d) If the court finds that a parent is voluntarily 
        unemployed or underemployed or was voluntarily unemployed or 
        underemployed during the period for which past support is being 
        sought, 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.  
           (e) If there is insufficient information to determine 
        actual income or to impute income pursuant to paragraph (d), the 
        court may calculate support based on full-time employment of 40 
        hours per week at 150 percent of the federal minimum wage or the 
        Minnesota minimum wage, whichever is higher.  If a parent is a 
        recipient of public assistance under section 256.741, or is 
        physically or mentally incapacitated, it shall be presumed that 
        the parent is not voluntarily unemployed or underemployed.  
           (f) Income from self employment is equal to gross receipts 
        minus ordinary and necessary expenses.  Ordinary and necessary 
        expenses do not include amounts allowed by the Internal Revenue 
        Service for accelerated depreciation expenses or investment tax 
        credits or any other business expenses determined by the court 
        to be inappropriate for determining income for purposes of child 
        support.  The person seeking to deduct an expense, including 
        depreciation, has the burden of proving, if challenged, that the 
        expense is ordinary and necessary.  Net income under this 
        section may be different from taxable income. 
           Sec. 9.  [518.6197] [CHILD SUPPORT DEBT/ARREARAGE 
        MANAGEMENT.] 
           In order to reduce and otherwise manage support debts and 
        arrearages, the parties, including the public authority where 
        arrearages have been assigned to the public authority, may 
        compromise unpaid support debts or arrearages owed by one party 
        to another, whether or not docketed as a judgment.  A party may 
        agree or disagree to compromise only those debts or arrearages 
        owed to that party. 
           Sec. 10.  Minnesota Statutes 2004, 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 gross income of an obligor or 
        obligee; (2) substantially increased or decreased need of a 
        party an obligor or obligee or the child or children that are 
        the subject of these proceedings; (3) receipt of assistance 
        under the AFDC program formerly codified under sections 256.72 
        to 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 
        change in the cost of living for either party as measured by the 
        Federal Bureau of Labor 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 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; 
        or (7) upon the emancipation of the child, as provided in 
        section 518.64, subdivision 4a. 
           On a motion to modify support, the needs of any child the 
        obligor has after the entry of the support order that is the 
        subject of a modification motion shall be considered as provided 
        by section 518.551, subdivision 5f. 
           (b) It is presumed that there has been a substantial change 
        in circumstances under paragraph (a) and the terms of a current 
        support order shall be rebuttably presumed to be unreasonable 
        and unfair if: 
           (1) 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 $75 per month higher or lower than 
        the current support order; 
           (2) the medical support provisions of the order established 
        under section 518.171 518.719 are not enforceable by the public 
        authority or the obligee; 
           (3) health coverage ordered under section 518.171 518.719 
        is not available to the child for whom the order is established 
        by the parent ordered to provide; or 
           (4) the existing support obligation is in the form of a 
        statement of percentage and not a specific dollar amount; or 
           (5) the gross income of an obligor or obligee has decreased 
        by at least 20 percent through no fault or choice of the party.  
           (c) A child support order is not presumptively modifiable 
        solely because an obligor or obligee becomes responsible for the 
        support of an additional nonjoint child, which is born after an 
        existing order.  Section 518.717 shall be considered if other 
        grounds are alleged which allow a modification of support. 
           (d) 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 5 518.725, 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. 
           (d) (e) A modification of support or maintenance, including 
        interest that accrued pursuant to section 548.091, 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:  
           (1) 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; 
           (2) the party seeking modification was a recipient of 
        federal Supplemental Security Income (SSI), Title II Older 
        Americans, Survivor's Disability Insurance (OASDI), other 
        disability benefits, or public assistance based upon need during 
        the period for which retroactive modification is sought; 
           (3) the order for which the party seeks amendment was 
        entered by default, the party shows good cause for not 
        appearing, and the record contains no factual evidence, or 
        clearly erroneous evidence regarding the individual obligor's 
        ability to pay; or 
           (4) the party seeking modification was institutionalized or 
        incarcerated for an offense other than nonsupport of a child 
        during the period for which retroactive modification is sought 
        and lacked the financial ability to pay the support ordered 
        during that time period.  In determining whether to allow the 
        retroactive modification, the court shall consider whether and 
        when a request was made to the public authority for support 
        modification.  
        The court may provide that a reduction in the amount allocated 
        for child care expenses based on a substantial decrease in the 
        expenses is effective as of the date the expenses decreased. 
           (e) (f) 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. 
           (f) (g) The court need not hold an evidentiary hearing on a 
        motion for modification of maintenance or support. 
           (g) (h) Section 518.14 shall govern the award of attorney 
        fees for motions brought under this subdivision.  
           (i) Except as expressly provided, an enactment, amendment, 
        or repeal of law does not constitute a substantial change in the 
        circumstances for purposes of modifying a child support order.  
           (j) There may be no modification of an existing child 
        support order during the first year following the effective date 
        of sections 518.7123 to 518.729 except as follows:  
           (1) there is at least a 20 percent change in the gross 
        income of the obligor; 
           (2) there is a change in the number of joint children for 
        whom the obligor is legally responsible and actually supporting; 
           (3) the child supported by the existing child support order 
        becomes disabled; or 
           (4) both parents consent to modification of the existing 
        order in compliance with the new income shares guidelines. 
           (k) On the first modification under the income shares 
        method of calculation, the modification of basic support may be 
        limited if the amount of the full variance would create hardship 
        for either the obligor or the obligee. 
        Paragraph (j) expires January 1, 2008. 
           Sec. 11.  Minnesota Statutes 2004, section 518.64, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [CHILD CARE EXCEPTION.] The court may provide 
        that a reduction in the amount allocated for child care expenses 
        based on a substantial decrease in the expenses is effective as 
        of the date the expense is decreased. 
           Sec. 12.  Minnesota Statutes 2004, section 518.64, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [CHILD SUPPORT DEBT AND ARREARAGE 
        MANAGEMENT.] The parties, including the public authority, may 
        compromise child support debt or arrearages owed by one party to 
        another, whether or not reduced to judgment, upon agreement of 
        the parties involved. 
           Sec. 13.  Minnesota Statutes 2004, 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 
           According 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), according to Minnesota 
           Statutes, section 609.26.  A copy of that section is 
           available from any district court clerk. 
        3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 
           A person who fails to pay court-ordered child support or 
           maintenance may be charged with a crime, which may include 
           misdemeanor, gross misdemeanor, or felony charges, 
           according to Minnesota Statutes, section 609.375.  A copy 
           of that section is available from any district court clerk. 
        4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 
           (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 parenting time 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 parenting 
           time.  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 the obligor is laid off from employment or receives 
           a pay reduction, support may be reduced, but only if a 
           motion to reduce the support is served and filed with the 
           court.  Any reduction will take effect only if ordered by 
           the court and may only relate back to the time that the 
           motion is filed.  If a motion is not filed, the support 
           obligation will continue at the current level.  The court 
           is not permitted to reduce support retroactively, except as 
           provided in Minnesota Statutes, section 518.64, subdivision 
           2, paragraph (c).  
           (h) Reasonable parenting time guidelines are contained in 
           Appendix B, which is available from the court administrator.
           (i) (h) The nonpayment of support may be enforced through 
           the denial of student grants; interception of state and 
           federal tax refunds; suspension of driver's, recreational, 
           and occupational licenses; referral to the department of 
           revenue or private collection agencies; seizure of assets, 
           including bank accounts and other assets held by financial 
           institutions; reporting to credit bureaus; interest 
           charging, income withholding, and contempt proceedings; and 
           other enforcement methods allowed by law. 
           (i) The public authority may suspend or resume collection 
           of the amount allocated for child care expenses if the 
           conditions of section 518.72, subdivision 4, are met. 
        5.  MODIFYING CHILD SUPPORT 
           If either the obligor or obligee is laid off from 
           employment or receives a pay reduction, child support may 
           be modified, increased, or decreased.  Any modification 
           will only take effect when it is ordered by the court, and 
           will only relate back to the time that a motion is filed.  
           Either the obligor or obligee may file a motion to modify 
           child support, and may request the public agency for help.  
           UNTIL A MOTION IS FILED, THE CHILD SUPPORT OBLIGATION WILL 
           CONTINUE AT THE CURRENT LEVEL.  THE COURT IS NOT PERMITTED 
           TO REDUCE SUPPORT RETROACTIVELY. 
        5 6.  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. 
        6 7.  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, section 
           518.6111 have been met.  A copy of those sections is 
           available from any district court clerk. 
        7 8.  CHANGE OF ADDRESS OR RESIDENCE 
           Unless otherwise ordered, each party shall notify the other 
           party, the court, and the public authority responsible for 
           collection, if applicable, of the following information 
           within ten days of any change:  the residential and mailing 
           address, telephone number, driver's license number, Social 
           Security number, and name, address, and telephone number of 
           the employer. 
        8 9.  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. 
        9 10.  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, 
           according to Minnesota Statutes, section 548.091, 
           subdivision 1a.  
        10 11.  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. 
        11 12.  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. 
        12 13.  PARENTING TIME EXPEDITOR PROCESS 
           On request of either party or on its own motion, the court 
           may appoint a parenting time expeditor to resolve parenting 
           time 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. 
        13 14.  PARENTING TIME REMEDIES AND PENALTIES 
           Remedies and penalties for the wrongful denial of parenting 
           time are available under Minnesota Statutes, section 
           518.175, subdivision 6.  These include compensatory 
           parenting time; 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. 14.  [518.7123] [CALCULATION OF GROSS INCOME.] 
           (a) Except as excluded below, gross income includes income 
        from any source, including, but not limited to, salaries, wages, 
        commissions, advances, bonuses, dividends, severance pay, 
        pensions, interest, honoraria, trust income, annuities, return 
        on capital, Social Security benefits, workers' compensation 
        benefits, unemployment insurance benefits, disability insurance 
        benefits, gifts, prizes, including lottery winnings, alimony, 
        spousal maintenance payments, income from self-employment or 
        operation of a business, as determined under section 518.7125. 
        All salary, wages, commissions, or other compensation paid by 
        third parties shall be based upon Medicare gross income.  No 
        deductions shall be allowed for contributions to pensions, 
        401-K, IRA, or other retirement benefits.  
           (b) Excluded and not counted in gross income is 
        compensation received by a party for employment in excess of a 
        40-hour work week, provided that: 
           (1) child support is nonetheless ordered in an amount at 
        least equal to the guideline amount based on gross income not 
        excluded under this clause; and 
           (2) the party demonstrates, and the court finds, that: 
           (i) the excess employment began after the filing of the 
        petition for dissolution; 
           (ii) 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; 
           (iii) the excess employment is voluntary and not a 
        condition of employment; 
           (iv) the excess employment is in the nature of additional, 
        part-time or overtime employment compensable by the hour or 
        fraction of an hour; and 
           (v) the party's compensation structure has not been changed 
        for the purpose of affecting a support or maintenance obligation.
           (c) Expense reimbursements or in-kind payments received by 
        a parent in the course of employment, self-employment, or 
        operation of a business shall be counted as income if they 
        reduce personal living expenses.  
           (d) Gross income may be calculated on either an annual or 
        monthly basis.  Weekly income shall be translated to monthly 
        income by multiplying the weekly income by 4.33.  
           (e) Excluded and not counted as income is any child support 
        payment received by a party.  It is a rebuttable presumption 
        that adoption assistance payments, guardianship assistance 
        payments, and foster care subsidies are excluded and not counted 
        as income. 
           (f) Excluded and not counted as income is the income of the 
        obligor's spouse and the obligee's spouse. 
           Sec. 15.  [518.7125] [INCOME FROM SELF-EMPLOYMENT OR 
        OPERATION OF A BUSINESS.] 
           For income from self-employment, rent, royalties, 
        proprietorship of a business, or joint ownership of a 
        partnership or closely held corporation, gross income is defined 
        as gross receipts minus costs of goods sold minus ordinary and 
        necessary expenses required for self-employment or business 
        operation.  Specifically excluded from ordinary and necessary 
        expenses are amounts allowable by the Internal Revenue Service 
        for the accelerated component of depreciation expenses, 
        investment tax credits, or any other business expenses 
        determined by the court to be inappropriate or excessive for 
        determining gross income for purposes of calculating child 
        support. 
           Sec. 16.  [518.713] [COMPUTATION OF CHILD SUPPORT 
        OBLIGATIONS.] 
           To determine the presumptive amount of support owed by a 
        parent, follow the procedure set forth in this section:  
           (1) determine the gross income of each parent using the 
        definition in section 518.54, subdivision 18; 
           (2) calculate the parental income for child support (PICS) 
        of each parent under section 518.54, subdivision 15, by 
        subtracting from the gross income the credit, if any, for each 
        parent's nonjoint children under section 518.717; 
           (3) determine the percentage contribution of each parent to 
        the combined PICS by dividing the combined PICS into each 
        parent's PICS; 
           (4) determine the combined basic support obligation by 
        application of the schedule in section 518.725; 
           (5) determine each parent's share of the basic support 
        obligation by multiplying the percentage figure from clause (3) 
        by the combined basic support obligation in clause (4); 
           (6) determine the parenting expense adjustment, if any, as 
        provided in section 518.722, and adjust that parent's basic 
        support obligation accordingly; 
           (7) determine the child care support obligation for each 
        parent as provided in section 518.72; 
           (8) determine the health care coverage obligation for each 
        parent as provided in section 518.719.  Unreimbursed and 
        uninsured medical expenses are not included in the presumptive 
        amount of support owed by a parent and are calculated and 
        collected as described in section 518.722; 
           (9) determine each parent's total child support obligation 
        by adding together each parent's basic support, child care 
        support, and health care coverage obligations as provided in 
        clauses (1) to (8); 
           (10) reduce or increase each parent's total child support 
        obligation by the amount of the health care coverage 
        contribution paid by or on behalf of the other parent, as 
        provided in section 518.719, subdivision 5; 
           (11) if Social Security benefits or veterans' benefits are 
        received by one parent as a representative payee for a joint 
        child due to the other parent's disability or retirement, 
        subtract the amount of benefits from the other parent's net 
        child support obligation, if any; 
           (12) apply the self-support adjustment and minimum support 
        obligation provisions as provided in section 518.724; and 
           (13) the final child support order shall separately 
        designate the amount owed for basic support, child care support, 
        and medical support. 
           Sec. 17.  [518.714] [DEVIATIONS FROM CHILD SUPPORT 
        GUIDELINES.] 
           Subdivision 1.  [GENERAL FACTORS.] Among other reasons, 
        deviation from the presumptive guideline amount is intended to 
        encourage prompt and regular payments of child support and to 
        prevent either parent or the joint children from living in 
        poverty.  In addition to the child support guidelines, the court 
        must take into consideration the following factors in setting or 
        modifying child support or in determining whether to deviate 
        upward or downward from the guidelines: 
           (1) all earnings, income, circumstances, and resources of 
        each parent, including real and personal property, but excluding 
        income from excess employment of the obligor or obligee that 
        meets the criteria of section 518.7123, paragraph (b), clause 
        (2); 
           (2) the extraordinary financial needs and resources, 
        physical and emotional condition, and educational needs of the 
        child to be supported; 
           (3) the standard of living the child would enjoy if the 
        parents were currently living together, but recognizing that the 
        parents now have separate households; 
           (4) which parent receives the income taxation dependency 
        exemption and the financial benefit the parent receives from it; 
           (5) the parents' debts as provided in subdivision 2; and 
           (6) the obligor's total payments for court-ordered child 
        support exceed the limitations set forth in section 571.922.  
           Subd. 2.  [DEBT OWED TO PRIVATE CREDITORS.] (a) 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 256.741; 
           (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 may 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 original 
        debt amount, the outstanding balance, the monthly payment, and 
        the number of months until the debt will be fully paid. 
           (b) A schedule prepared under paragraph (a), clause (3), 
        must 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. 
           (c) Any further departure below the guidelines that is 
        based on a consideration of debts owed to private creditors must 
        not exceed 18 months in duration.  After 18 months the support 
        must increase automatically to the level ordered by the court.  
        This section does not prohibit one or more step increases in 
        support to reflect debt retirement during the 18-month period. 
           (d) If payment of debt is ordered pursuant to this section, 
        the payment must be ordered to be in the nature of child support.
           Subd. 3.  [EVIDENCE.] The court may receive evidence on the 
        factors in this section to determine if the guidelines should be 
        exceeded or modified in a particular case. 
           Subd. 4.  [PAYMENTS ASSIGNED TO PUBLIC AUTHORITY.] If the 
        child support payments are assigned to the public authority 
        under section 256.741, 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. 
           Subd. 5.  [JOINT LEGAL CUSTODY.] An award of joint legal 
        custody is not a reason for deviation from the guidelines. 
           Subd. 6.  [SELF-SUPPORT LIMITATION.] If, after payment of 
        income and payroll taxes, the obligor can establish that they do 
        not have enough for the self-support reserve, a downward 
        deviation may be allowed. 
           Sec. 18.  [518.715] [WRITTEN FINDINGS.] 
           Subdivision 1.  [NO DEVIATION.] If the court does not 
        deviate from the guidelines, the court must make written 
        findings concerning the amount of the parties' gross income used 
        as the basis for the guidelines calculation and any other 
        significant evidentiary factors affecting the child support 
        determination. 
           Subd. 2.  [DEVIATION.] (a) If the court deviates from the 
        guidelines by agreement of the parties or pursuant to section 
        518.714, the court must make written findings giving the amount 
        of support calculated under the guidelines, the reasons for the 
        deviation, and must specifically address how the deviation 
        serves the best interests of the child; and 
           (b) determine each parent's gross income and PICS.  
           Subd. 3.  [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 
        provisions of this section apply whether or not the parties are 
        each represented by independent counsel and have entered into a 
        written agreement.  The court must review stipulations presented 
        to it for conformity to the guidelines.  The court is not 
        required to conduct a hearing, but the parties must provide 
        sufficient documentation to verify the child support 
        determination, and justify any deviation from the guidelines.  
           Sec. 19.  [518.716] [GUIDELINES REVIEW.] 
           No later than 2006 and every four years after that, the 
        Department of Human Services must conduct a review of the child 
        support guidelines. 
           Sec. 20.  [518.717] [NONJOINT CHILDREN.] 
           (a) When either or both parents of the joint child subject 
        to this determination are legally responsible for a nonjoint 
        child who resides in that parent's household, a credit for this 
        obligation shall be calculated under this section.  
           (b) Determine the gross income for each parent under 
        section 518.54, subdivision 18. 
           (c) Using the guideline as established in section 518.725, 
        determine the basic child support obligation for the nonjoint 
        child or children who actually reside in the parent's household, 
        by using the gross income of the parent for whom the credit is 
        being calculated, and using the number of nonjoint children 
        actually in the parent's immediate household.  If the number of 
        nonjoint children to be used for the determination is greater 
        than two, the determination shall be made using the number two 
        instead of the greater number. 
           (d) The credit for nonjoint children shall be 50 percent of 
        the guideline amount from paragraph (c). 
           Sec. 21.  [518.718] [SOCIAL SECURITY OR VETERANS' BENEFIT 
        PAYMENTS RECEIVED ON BEHALF OF THE CHILD.] 
           (a) The amount of the monthly Social Security benefits or 
        apportioned veterans' benefits received by the child or on 
        behalf of the child shall be added to the gross income of the 
        parent for whom the disability or retirement benefit was paid. 
           (b) The amount of the monthly survivors' and dependents' 
        educational assistance received by the child or on behalf of the 
        child shall be added to the gross income of the parent for whom 
        the disability or retirement benefit was paid.  
           (c) If the Social Security or apportioned veterans' 
        benefits are paid on behalf of the obligor, and are received by 
        the obligee as a representative payee for the child or by the 
        child attending school, then the amount of the benefits may also 
        be subtracted from the obligor's net child support obligation as 
        calculated pursuant to section 518.713.  
           (d) If the survivors' and dependents' educational 
        assistance is paid on behalf of the obligor, and is received by 
        the obligee as a representative payee for the child or by the 
        child attending school, then the amount of the assistance shall 
        also be subtracted from the obligor's net child support 
        obligation as calculated pursuant to section 518.713.  
           Sec. 22.  [518.719] [MEDICAL SUPPORT.] 
           Subdivision 1.  [DEFINITIONS.] The definitions in this 
        subdivision apply to sections 518.54 to 518.773.  
           (a) "Health care coverage" means health care benefits that 
        are provided by a health plan.  Health care coverage does not 
        include any form of medical assistance under chapter 256B or 
        MinnesotaCare under chapter 256L. 
           (b) "Health carrier" means a carrier as defined in sections 
        62A.011, subdivision 2, and 62L.02, subdivision 16. 
           (c) "Health plan" means a plan meeting the definition under 
        section 62A.011, subdivision 3, a group health plan governed 
        under the federal Employee Retirement Income Security Act of 
        1974 (ERISA), a self-insured plan under sections 43A.23 to 
        43A.317 and 471.617, or a policy, contract, or certificate 
        issued by a community-integrated service network licensed under 
        chapter 62N.  Health plan includes plans: 
           (1) provided on an individual and group basis; 
           (2) provided by an employer or union; 
           (3) purchased in the private market; and 
           (4) available to a person eligible to carry insurance for 
        the joint child.  
        Health plan includes a plan providing for dependent-only dental 
        or vision coverage and a plan provided through a party's spouse 
        or parent. 
           (d) "Medical support" means providing health care coverage 
        for a joint child by carrying health care coverage for the joint 
        child or by contributing to the cost of health care coverage, 
        public coverage, unreimbursed medical expenses, and uninsured 
        medical expenses of the joint child. 
           (e) "National medical support notice" means an 
        administrative notice issued by the public authority to enforce 
        health insurance provisions of a support order in accordance 
        with Code of Federal Regulations, title 45, section 303.32, in 
        cases where the public authority provides support enforcement 
        services. 
           (f) "Public coverage" means health care benefits provided 
        by any form of medical assistance under chapter 256B or 
        MinnesotaCare under chapter 256L. 
           (g) "Uninsured medical expenses" means a joint child's 
        reasonable and necessary health-related expenses if the joint 
        child is not covered by a health plan or public coverage when 
        the expenses are incurred. 
           (h) "Unreimbursed medical expenses" means a joint child's 
        reasonable and necessary health-related expenses if a joint 
        child is covered by a health plan or public coverage and the 
        plan or coverage does not pay for the total cost of the expenses 
        when the expenses are incurred.  Unreimbursed medical expenses 
        do not include the cost of premiums.  Unreimbursed medical 
        expenses include, but are not limited to, deductibles, 
        co-payments, and expenses for orthodontia, and prescription 
        eyeglasses and contact lenses, but not over-the-counter 
        medications if coverage is under a health plan. 
           Subd. 2.  [ORDER.] (a) A completed national medical support 
        notice issued by the public authority or a court order that 
        complies with this section is a qualified medical child support 
        order under the federal Employee Retirement Income Security Act 
        of 1974 (ERISA), United States Code, title 29, section 1169(a). 
           (b) Every order addressing child support must state: 
           (1) the names, last known addresses, and Social Security 
        numbers of the parents and the joint child that is a subject of 
        the order unless the court prohibits the inclusion of an address 
        or Social Security number and orders the parents to provide the 
        address and Social Security number to the administrator of the 
        health plan; 
           (2) whether appropriate health care coverage for the joint 
        child is available and, if so, state: 
           (i) which party must carry health care coverage; 
           (ii) the cost of premiums and how the cost is allocated 
        between the parties; 
           (iii) how unreimbursed expenses will be allocated and 
        collected by the parties; and 
           (iv) the circumstances, if any, under which the obligation 
        to provide health care coverage for the joint child will shift 
        from one party to the other; 
           (3) if appropriate health care coverage is not available 
        for the joint child, whether a contribution for medical support 
        is required; and 
           (4) whether the amount ordered for medical support is 
        subject to a cost-of-living adjustment under section 518.641. 
           Subd. 3.  [DETERMINING APPROPRIATE HEALTH CARE 
        COVERAGE.] (a) In determining whether a party has appropriate 
        health care coverage for the joint child, the court must 
        evaluate the health plan using the following factors: 
           (1) accessible coverage.  Dependent health care coverage is 
        accessible if the covered joint child can obtain services from a 
        health plan provider with reasonable effort by the parent with 
        whom the joint child resides.  Health care coverage is presumed 
        accessible if: 
           (i) primary care coverage is available within 30 minutes or 
        30 miles of the joint child's residence and specialty care 
        coverage is available within 60 minutes or 60 miles of the joint 
        child's residence; 
           (ii) the coverage is available through an employer and the 
        employee can be expected to remain employed for a reasonable 
        amount of time; and 
           (iii) no preexisting conditions exist to delay coverage 
        unduly; 
           (2) comprehensive coverage.  Dependent health care coverage 
        is comprehensive if it includes, at a minimum, medical and 
        hospital coverage and provides for preventive, emergency, acute, 
        and chronic care.  If both parties have health care coverage 
        that meets the minimum requirements, the court must determine 
        which health care coverage is more comprehensive by considering 
        whether the coverage includes: 
           (i) basic dental coverage; 
           (ii) orthodontia; 
           (iii) eyeglasses; 
           (iv) contact lenses; 
           (v) mental health services; or 
           (vi) substance abuse treatment; 
           (3) affordable coverage.  Dependent health care coverage is 
        affordable if it is reasonable in cost; and 
           (4) the joint child's special medical needs, if any. 
           (b) If both parties have health care coverage available for 
        a joint child, and the court determines under paragraph (a), 
        clauses (1) and (2), that the available coverage is comparable 
        with regard to accessibility and comprehensiveness, the least 
        costly health care coverage is the presumed appropriate health 
        care coverage for the joint child. 
           Subd. 4.  [ORDERING HEALTH CARE COVERAGE.] (a) If a joint 
        child is presently enrolled in health care coverage, the court 
        must order that the parent who currently has the joint child 
        enrolled continue that enrollment unless the parties agree 
        otherwise or a party requests a change in coverage and the court 
        determines that other health care coverage is more appropriate. 
           (b) If a joint child is not presently enrolled in health 
        care coverage, upon motion of a party or the public authority, 
        the court must determine whether one or both parties have 
        appropriate health care coverage for the joint child and order 
        the party with appropriate health care coverage available to 
        carry the coverage for the joint child. 
           (c) If only one party has appropriate health care coverage 
        available, the court must order that party to carry the coverage 
        for the joint child. 
           (d) If both parties have appropriate health care coverage 
        available, the court must order the parent with whom the joint 
        child resides to carry the coverage for the joint child, unless: 
           (1) either party expresses a preference for coverage 
        available through the parent with whom the joint child does not 
        reside; 
           (2) the parent with whom the joint child does not reside is 
        already carrying dependent health care coverage for other 
        children and the cost of contributing to the premiums of the 
        other parent's coverage would cause the parent with whom the 
        joint child does not reside extreme hardship; or 
           (3) the parents agree to provide coverage and agree on the 
        allocation of costs. 
           (e) If the exception in paragraph (d), clause (1) or (2), 
        applies, the court must determine which party has the most 
        appropriate coverage available and order that party to carry 
        coverage for the joint child.  If the court determines under 
        subdivision 3, paragraph (a), clauses (1) and (2), that the 
        parties' health care coverage for the joint child is comparable 
        with regard to accessibility and comprehensiveness, the court 
        must presume that the party with the least costly health care 
        coverage to carry coverage for the joint child. 
           (f) If neither party has appropriate health care coverage 
        available, the court must order the parents to: 
           (1) contribute toward the actual health care costs of the 
        joint children based on a pro rata share; or 
           (2) if the joint child is receiving any form of medical 
        assistance under chapter 256B or MinnesotaCare under chapter 
        256L, the parent with whom the joint child does not reside shall 
        contribute a monthly amount toward the actual cost of medical 
        assistance under chapter 256B or MinnesotaCare under chapter 
        256L.  The amount of contribution of the noncustodial parent is 
        the amount the noncustodial parent would pay for the child's 
        premiums if the noncustodial parent's income meets the 
        eligibility requirements for public coverage.  For purposes of 
        determining the premium amount, the noncustodial parent's 
        household size is equal to one parent plus the child or children 
        who are the subject of the child support order.  If the 
        noncustodial parent's income exceeds the eligibility 
        requirements for public coverage, the court must order the 
        noncustodial parent's contribution toward the full premium cost 
        of the child's or children's coverage.  The custodial parent's 
        obligation is determined under the requirements for public 
        coverage as set forth in chapter 256B or 256L.  The court may 
        order the parent with whom the child resides to apply for public 
        coverage for the child. 
           (g) A presumption of no less than $50 per month must be 
        applied to the actual health care costs of the joint children or 
        to the cost of health care coverage.  
           (h) The commissioner of human services must publish a table 
        with the premium schedule for public coverage and update the 
        chart for changes to the schedule by July 1 of each year. 
           Subd. 5.  [MEDICAL SUPPORT COSTS; UNREIMBURSED AND 
        UNINSURED MEDICAL EXPENSES.] (a) Unless otherwise agreed to by 
        the parties and approved by the court, the court must order that 
        the cost of health care coverage and all unreimbursed and 
        uninsured medical expenses under the health plan be divided 
        between the obligor and obligee based on their proportionate 
        share of the parties' combined monthly PICS. 
           (b) If a party owes a joint child support obligation for a 
        child and is ordered to carry health care coverage for the joint 
        child, and the other party is ordered to contribute to the 
        carrying party's cost for coverage, the carrying party's child 
        support payment must be reduced by the amount of the 
        contributing party's contribution. 
           (c) If a party owes a joint child support obligation for a 
        child and is ordered to contribute to the other party's cost for 
        carrying health care coverage for the joint child, the 
        contributing party's child support payment must be increased by 
        the amount of the contribution. 
           (d) If the party ordered to carry health care coverage for 
        the joint child already carries dependent health care coverage 
        for other dependents and would incur no additional premium costs 
        to add the joint child to the existing coverage, the court must 
        not order the other party to contribute to the premium costs for 
        coverage of the joint child. 
           (e) If a party ordered to carry health care coverage for 
        the joint child does not already carry dependent health care 
        coverage but has other dependents who may be added to the 
        ordered coverage, the full premium costs of the dependent health 
        care coverage must be allocated between the parties in 
        proportion to the party's share of the parties' combined PICS, 
        unless the parties agree otherwise. 
           (f) If a party ordered to carry health care coverage for 
        the joint child is required to enroll in a health plan so that 
        the joint child can be enrolled in dependent health care 
        coverage under the plan, the court must allocate the costs of 
        the dependent health care coverage between the parties.  The 
        costs of the health care coverage for the party ordered to carry 
        the coverage for the joint child must not be allocated between 
        the parties. 
           Subd. 6.  [NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER, 
        UNION, OR HEALTH CARRIER.] (a) The public authority must forward 
        a copy of the national medical support notice or court order for 
        health care coverage to the party's employer within two business 
        days after the date the party is entered into the work reporting 
        system under section 256.998. 
           (b) The public authority or a party seeking to enforce an 
        order for health care coverage must forward a copy of the 
        national medical support notice or court order to the obligor's 
        employer or union, or to the health carrier under the following 
        circumstances: 
           (1) the party ordered to carry health care coverage for the 
        joint child fails to provide written proof to the other party or 
        the public authority, within 30 days of the effective date of 
        the court order, that the party has applied for health care 
        coverage for the joint child; 
           (2) the party seeking to enforce the order or the public 
        authority gives written notice to the party ordered to carry 
        health care coverage for the joint child of its intent to 
        enforce medical support.  The party seeking to enforce the order 
        or public authority must mail the written notice to the last 
        known address of the party ordered to carry health care coverage 
        for the joint child; and 
           (3) the party ordered to carry health care coverage for the 
        joint child fails, within 15 days after the date on which the 
        written notice under clause (2) was mailed, to provide written 
        proof to the other party or the public authority that the party 
        has applied for health care coverage for the joint child. 
           (c) The public authority is not required to forward a copy 
        of the national medical support notice or court order to the 
        obligor's employer or union, or to the health carrier, if the 
        court orders health care coverage for the joint child that is 
        not employer-based or union-based coverage. 
           Subd. 7.  [EMPLOYER OR UNION REQUIREMENTS.] (a) An employer 
        or union must forward the national medical support notice or 
        court order to its health plan within 20 business days after the 
        date on the national medical support notice or after receipt of 
        the court order. 
           (b) Upon determination by an employer's or union's health 
        plan administrator that a joint child is eligible to be covered 
        under the health plan, the employer or union and health plan 
        must enroll the joint child as a beneficiary in the health plan, 
        and the employer must withhold any required premiums from the 
        income or wages of the party ordered to carry health care 
        coverage for the joint child. 
           (c) If enrollment of the party ordered to carry health care 
        coverage for a joint child is necessary to obtain dependent 
        health care coverage under the plan, and the party is not 
        enrolled in the health plan, the employer or union must enroll 
        the party in the plan. 
           (d) Enrollment of dependents and, if necessary, the party 
        ordered to carry health care coverage for the joint child must 
        be immediate and not dependent upon open enrollment periods. 
        Enrollment is not subject to the underwriting policies under 
        section 62A.048. 
           (e) Failure of the party ordered to carry health care 
        coverage for the joint child to execute any documents necessary 
        to enroll the dependent in the health plan does not affect the 
        obligation of the employer or union and health plan to enroll 
        the dependent in a plan.  Information and authorization provided 
        by the public authority, or by a party or guardian, is valid for 
        the purposes of meeting enrollment requirements of the health 
        plan. 
           (f) An employer or union that is included under the federal 
        Employee Retirement Income Security Act of 1974 (ERISA), United 
        States Code, title 29, section 1169(a), may not deny enrollment 
        to the joint child or to the parent if necessary to enroll the 
        joint child based on exclusionary clauses described in section 
        62A.048. 
           (g) A new employer or union of a party who is ordered to 
        provide health care coverage for a joint child must enroll the 
        joint child in the party's health plan as required by a national 
        medical support notice or court order. 
           Subd. 8.  [HEALTH PLAN REQUIREMENTS.] (a) If a health plan 
        administrator receives a completed national medical support 
        notice or court order, the plan administrator must notify the 
        parties, and the public authority if the public authority 
        provides support enforcement services, within 40 business days 
        after the date of the notice or after receipt of the court 
        order, of the following: 
           (1) whether coverage is available to the joint child under 
        the terms of the health plan and, if not, the reason why 
        coverage is not available; 
           (2) whether the joint child is covered under the health 
        plan; 
           (3) the effective date of the joint child's coverage under 
        the health plan; and 
           (4) what steps, if any, are required to effectuate the 
        joint child's coverage under the health plan. 
           (b) If the employer or union offers more than one plan and 
        the national medical support notice or court order does not 
        specify the plan to be carried, the plan administrator must 
        notify the parents and the public authority if the public 
        authority provides support enforcement services.  When there is 
        more than one option available under the plan, the public 
        authority, in consultation with the parent with whom the joint 
        child resides, must promptly select from available plan options. 
           (c) The plan administrator must provide the parents and 
        public authority, if the public authority provides support 
        enforcement services, with a notice of the joint child's 
        enrollment, description of the coverage, and any documents 
        necessary to effectuate coverage. 
           (d) The health plan must send copies of all correspondence 
        regarding the health care coverage to the parents. 
           (e) An insured joint child's parent's signature is a valid 
        authorization to a health plan for purposes of processing an 
        insurance reimbursement payment to the medical services provider 
        or to the parent, if medical services have been prepaid by that 
        parent. 
           Subd. 9.  [EMPLOYER OR UNION LIABILITY.] (a) An employer or 
        union that willfully fails to comply with the order or notice is 
        liable for any uninsured medical expenses incurred by the 
        dependents while the dependents were eligible to be enrolled in 
        the health plan and for any other premium costs incurred because 
        the employer or union willfully failed to comply with the order 
        or notice. 
           (b) An employer or union that fails to comply with the 
        order or notice is subject to a contempt finding, a $250 civil 
        penalty under section 518.615, and is subject to a civil penalty 
        of $500 to be paid to the party entitled to reimbursement or the 
        public authority.  Penalties paid to the public authority are 
        designated for child support enforcement services. 
           Subd. 10.  [CONTESTING ENROLLMENT.] (a) A party may contest 
        a joint child's enrollment in a health plan on the limited 
        grounds that the enrollment is improper due to mistake of fact 
        or that the enrollment meets the requirements of section 518.145.
           (b) If the party chooses to contest the enrollment, the 
        party must do so no later than 15 days after the employer 
        notifies the party of the enrollment by doing the following: 
           (1) filing a motion in district court or according to 
        section 484.702 and the expedited child support process rules if 
        the public authority provides support enforcement services; 
           (2) serving the motion on the other party and public 
        authority if the public authority provides support enforcement 
        services; and 
           (3) securing a date for the matter to be heard no later 
        than 45 days after the notice of enrollment. 
           (c) The enrollment must remain in place while the party 
        contests the enrollment. 
           Subd. 11.  [DISENROLLMENT; CONTINUATION OF COVERAGE; 
        COVERAGE OPTIONS.] (a) Unless a court order provides otherwise, 
        a child for whom a party is required to provide health care 
        coverage under this section must be covered as a dependent of 
        the party until the child is emancipated, until further order of 
        the court, or as consistent with the terms of the coverage. 
           (b) The health carrier, employer, or union may not 
        disenroll or eliminate coverage for the child unless: 
           (1) the health carrier, employer, or union is provided 
        satisfactory written evidence that the court order is no longer 
        in effect; 
           (2) the joint child is or will be enrolled in comparable 
        health care coverage through another health plan that will take 
        effect no later than the effective date of the disenrollment; 
           (3) the employee is no longer eligible for dependent 
        coverage; or 
           (4) the required premium has not been paid by or on behalf 
        of the joint child. 
           (c) The health plan must provide 30 days' written notice to 
        the joint child's parents, and the public authority if the 
        public authority provides support enforcement services, before 
        the health plan disenrolls or eliminates the joint child's 
        coverage. 
           (d) A joint child enrolled in health care coverage under a 
        qualified medical child support order, including a national 
        medical support notice, under this section is a dependent and a 
        qualified beneficiary under the Consolidated Omnibus Budget and 
        Reconciliation Act of 1985 (COBRA), Public Law 99-272.  Upon 
        expiration of the order, the joint child is entitled to the 
        opportunity to elect continued coverage that is available under 
        the health plan.  The employer or union must provide notice to 
        the parties and the public authority, if it provides support 
        services, within ten days of the termination date. 
           (e) If the public authority provides support enforcement 
        services and a plan administrator reports to the public 
        authority that there is more than one coverage option available 
        under the health plan, the public authority, in consultation 
        with the parent with whom the joint child resides, must promptly 
        select coverage from the available options. 
           Subd. 12.  [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court 
        must require the parent with whom the joint child does not 
        reside to provide dependent health care coverage for the benefit 
        of the parent with whom the joint child resides if the parent is 
        ordered to provide dependent health care coverage for the 
        parties' joint child and adding the other parent to the coverage 
        results in no additional premium cost. 
           Subd. 13.  [DISCLOSURE OF INFORMATION.] (a) If the public 
        authority provides support enforcement services, the parties 
        must provide the public authority with the following information:
           (1) information relating to dependent health care coverage 
        or public coverage available for the benefit of the joint child 
        for whom support is sought, including all information required 
        to be included in a medical support order under this section; 
           (2) verification that application for court-ordered health 
        care coverage was made within 30 days of the court's order; and 
           (3) the reason that a joint child is not enrolled in 
        court-ordered health care coverage, if a joint child is not 
        enrolled in coverage or subsequently loses coverage. 
           (b) Upon request from the public authority under section 
        256.978, an employer, union, or plan administrator, including an 
        employer subject to the federal Employee Retirement Income 
        Security Act of 1974 (ERISA), United States Code, title 29, 
        section 1169(a), must provide the public authority the following 
        information: 
           (1) information relating to dependent health care coverage 
        available to a party for the benefit of the joint child for whom 
        support is sought, including all information required to be 
        included in a medical support order under this section; and 
           (2) information that will enable the public authority to 
        determine whether a health plan is appropriate for a joint 
        child, including, but not limited to, all available plan 
        options, any geographic service restrictions, and the location 
        of service providers. 
           (c) The employer, union, or plan administrator must not 
        release information regarding one party to the other party.  The 
        employer, union, or plan administrator must provide both parties 
        with insurance identification cards and all necessary written 
        information to enable the parties to utilize the insurance 
        benefits for the covered dependent. 
           (d) The public authority is authorized to release to a 
        party's employer, union, or health plan information necessary to 
        verify availability of dependent health care coverage, or to 
        establish, modify, or enforce medical support. 
           (e) An employee must disclose to an employer if medical 
        support is required to be withheld under this section and the 
        employer must begin withholding according to the terms of the 
        order and under section 518.6111.  If an employee discloses an 
        obligation to obtain health care coverage and coverage is 
        available through the employer, the employer must make all 
        application processes known to the individual and enroll the 
        employee and dependent in the plan. 
           Subd. 14.  [CHILD SUPPORT ENFORCEMENT SERVICES.] The public 
        authority must take necessary steps to establish and enforce an 
        order for medical support if the joint child receives public 
        assistance or a party completes an application for services from 
        the public authority under section 518.551, subdivision 7.  
           Subd. 15.  [ENFORCEMENT.] (a) Remedies available for 
        collecting and enforcing child support apply to medical support. 
           (b) For the purpose of enforcement, the following are 
        additional support: 
           (1) the costs of individual or group health or 
        hospitalization coverage; 
           (2) dental coverage; 
           (3) medical costs ordered by the court to be paid by either 
        party, including health and dental insurance premiums paid by 
        the obligee because of the obligor's failure to obtain coverage 
        as ordered; and 
           (4) liabilities established under this subdivision. 
           (c) A party who fails to carry court-ordered dependent 
        health care coverage is liable for the joint child's uninsured 
        medical expenses unless a court order provides otherwise.  A 
        party's failure to carry court-ordered coverage, or to provide 
        other medical support as ordered, is a basis for modification of 
        a support order under section 518.64, subdivision 2.  
           (d) Payments by the health carrier or employer for services 
        rendered to the dependents that are directed to a party not owed 
        reimbursement must be endorsed over to and forwarded to the 
        vendor or appropriate party or the public authority.  A party 
        retaining insurance reimbursement not owed to the party is 
        liable for the amount of the reimbursement. 
           Subd. 16.  [INCOME WITHHOLDING; OFFSET.] (a) If a party 
        owes no joint child support obligation for a child and is an 
        obligor ordered to contribute to the other party's cost for 
        carrying health care coverage for the joint child, the obligor 
        is subject to an offset under subdivision 5 or income 
        withholding under section 518.6111. 
           (b) If a party's court-ordered health care coverage for the 
        joint child terminates and the joint child is not enrolled in 
        other health care coverage or public coverage, and a 
        modification motion is not pending, the public authority may 
        remove the offset to a party's child support obligation or 
        terminate income withholding instituted against a party under 
        section 518.6111.  The public authority must provide notice to 
        the parties of the action. 
           (c) A party may contest the public authority's action to 
        remove the offset to the child support obligation or terminate 
        income withholding if the party makes a written request for a 
        hearing within 30 days after receiving written notice.  If a 
        party makes a timely request for a hearing, the public authority 
        must schedule a hearing and send written notice of the hearing 
        to the parties by mail to the parties' last known addresses at 
        least 14 days before the hearing.  The hearing must be conducted 
        in district court or in the expedited child support process if 
        section 484.702 applies.  The district court or child support 
        magistrate must determine whether removing the offset or 
        terminating income withholding is appropriate and, if 
        appropriate, the effective date for the removal or termination. 
           (d) If the party does not request a hearing, the district 
        court or child support magistrate must order the offset or 
        income withholding termination effective the first day of the 
        month following termination of the joint child's health care 
        coverage. 
           Subd. 17.  [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL 
        EXPENSES.] (a) A party must initiate a request for reimbursement 
        of unreimbursed and uninsured medical expenses within two years 
        of the date that the party incurred the unreimbursed or 
        uninsured medical expenses.  The time period in this paragraph 
        does not apply if the location of the other party is unknown. 
           (b) A party seeking reimbursement of unreimbursed and 
        uninsured medical expenses must mail a written notice of intent 
        to collect the expenses and a copy of an affidavit of health 
        care expenses to the other party at the other party's last known 
        address. 
           (c) The written notice must include a statement that the 
        party has 30 days from the date the notice was mailed to (1) pay 
        in full; (2) enter a payment agreement; or (3) file a motion 
        requesting a hearing contesting the matter.  If the public 
        authority provides support enforcement services, the written 
        notice also must include a statement that the requesting party 
        must submit the amount due to the public authority for 
        collection. 
           (d) The affidavit of health care expenses must itemize and 
        document the joint child's unreimbursed or uninsured medical 
        expenses and include copies of all bills, receipts, and 
        insurance company explanations of benefits. 
           (e) If the public authority provides support enforcement 
        services, the party seeking reimbursement must send to the 
        public authority a copy of the written notice, the original 
        affidavit, and copies of all bills, receipts, and insurance 
        company explanations of benefits. 
           (f) If the party does not respond to the request for 
        reimbursement within 30 days, the party seeking reimbursement or 
        public authority, if the public authority provides support 
        enforcement services, must commence an enforcement action 
        against the party under subdivision 18. 
           (g) The public authority must serve the other party with a 
        notice of intent to enforce unreimbursed and uninsured medical 
        expenses and file an affidavit of service by mail with the 
        district court administrator.  The notice must state that, 
        unless the party (1) pays in full; (2) enters into a payment 
        agreement; or (3) files a motion contesting the matter within 14 
        days of service of the notice, the public authority will 
        commence enforcement of the expenses as medical support arrears 
        under subdivision 18. 
           (h) If the party files a timely motion for a hearing 
        contesting the requested reimbursement, the contesting party 
        must schedule a hearing in district court or in the expedited 
        child support process if section 484.702 applies.  The 
        contesting party must provide the party seeking reimbursement 
        and the public authority, if the public authority provides 
        support enforcement services, with written notice of the hearing 
        at least 14 days before the hearing by mailing notice of the 
        hearing to the public authority and the party at the party's 
        last known address.  The party seeking reimbursement must file 
        the original affidavit of health care expenses with the court at 
        least five days before the hearing.  Based upon the evidence 
        presented, the district court or child support magistrate must 
        determine liability for the expenses and order that the liable 
        party is subject to enforcement of the expenses as medical 
        support arrears under subdivision 18. 
           Subd. 18.  [ENFORCING AN ORDER FOR MEDICAL SUPPORT 
        ARREARS.] (a) If a party liable for unreimbursed and uninsured 
        medical expenses owes a child support obligation to the party 
        seeking reimbursement of the expenses, the expenses must be 
        collected as medical support arrears. 
           (b) If a party liable for unreimbursed and uninsured 
        medical expenses does not owe a child support obligation to the 
        party seeking reimbursement, and the party seeking reimbursement 
        owes the liable party basic support arrears, the liable party's 
        medical support arrears must be deducted from the amount of the 
        basic support arrears.  
           (c) If a liable party owes medical support arrears after 
        deducting the amount owed from the amount of the child support 
        arrears owed by the party seeking reimbursement, it must be 
        collected as follows: 
           (1) if the party seeking reimbursement owes a child support 
        obligation to the liable party, the child support obligation 
        must be reduced by 20 percent until the medical support arrears 
        are satisfied; 
           (2) if the party seeking reimbursement does not owe a child 
        support obligation to the liable party, the liable party's 
        income must be subject to income withholding under section 
        518.6111 for an amount required under section 518.553 until the 
        medical support arrears are satisfied; or 
           (3) if the party seeking reimbursement does not owe a child 
        support obligation, and income withholding under section 
        518.6111 is not available, payment of the medical support 
        arrears must be required under a payment agreement under section 
        518.553. 
           (d) If a liable party fails to enter into or comply with a 
        payment agreement, the party seeking reimbursement or the public 
        authority, if it provides support enforcement services, may 
        schedule a hearing to have a court order payment.  The party 
        seeking reimbursement or the public authority must provide the 
        liable party with written notice of the hearing at least 14 days 
        before the hearing. 
           Sec. 23.  [518.72] [CHILD CARE SUPPORT.] 
           Subdivision 1.  [CHILD CARE COSTS.] Unless otherwise agreed 
        to by the parties and approved by the court, the court must 
        order that work-related or education-related child care costs of 
        joint children be divided between the obligor and obligee based 
        on their proportionate share of the parties' combined monthly 
        parental income for determining child support.  Child care costs 
        shall be adjusted by the amount of the estimated federal and 
        state child care credit payable on behalf of a joint child.  The 
        Department of Human Services shall develop tables to calculate 
        the applicable credit based upon the custodial parent's parental 
        income for determining child support.  
           Subd. 2.  [LOW-INCOME OBLIGOR.] (a) If the obligor's 
        parental income for determining child support meets the income 
        eligibility requirements for child care assistance under the 
        basic sliding fee program under chapter 119B, the court must 
        order the obligor to pay the lesser of the following amounts: 
           (1) the amount of the obligor's monthly co-payment for 
        child care assistance under the basic sliding fee schedule 
        established by the commissioner of education under chapter 119B, 
        based on an obligor's monthly parental income for determining 
        child support and the size of the obligor's household provided 
        that the obligee is actually receiving child care assistance 
        under the basic sliding fee program.  For purposes of this 
        subdivision, the obligor's household includes the obligor and 
        the number of joint children for whom child support is being 
        ordered; or 
           (2) the amount of the obligor's child care obligation under 
        subdivision 1. 
           (b) The commissioner of human services must publish a table 
        with the child care assistance basic sliding fee amounts and 
        update the table for changes to the basic sliding fee schedule 
        by July 1 of each year. 
           Subd. 3.  [DETERMINING COSTS.] (a) The court must require 
        verification of employment or school attendance and 
        documentation of child care expenses from the obligee and the 
        public authority, if applicable. 
           (b) If child care expenses fluctuate during the year 
        because of the obligee's seasonal employment or school 
        attendance or extended periods of parenting time with the 
        obligor, the court must determine child care expenses based on 
        an average monthly cost. 
           (c) The amount allocated for child care expenses is 
        considered child support but is not subject to a cost-of-living 
        adjustment under section 518.641. 
           (d) The court may allow the parent with whom the joint 
        child does not reside to care for the joint child while the 
        parent with whom the joint child resides is working or attending 
        school, as provided in section 518.175, subdivision 8.  Allowing 
        the parent with whom the joint child does not reside to care for 
        the joint child under section 518.175, subdivision 8, is not a 
        reason to deviate from the guidelines. 
           Subd. 4.  [CHANGE IN CHILD CARE.] (a) When a court order 
        provides for child care expenses and the public authority 
        provides child support enforcement services, the public 
        authority must suspend collecting the amount allocated for child 
        care expenses when: 
           (1) either party informs the public authority that no child 
        care costs are being incurred; and 
           (2) the public authority verifies the accuracy of the 
        information with the other party.  
        The public authority will resume collecting child care expenses 
        when either party provides information that child care costs 
        have resumed. 
           (b) If the parties provide conflicting information to the 
        public authority regarding whether child care expenses are being 
        incurred, the public authority will continue or resume 
        collecting child care expenses.  Either party, by motion to the 
        court, may challenge the suspension or resumption of the 
        collection of child care expenses.  If the public authority 
        suspends collection activities for the amount allocated for 
        child care expenses, all other provisions of the court order 
        remain in effect. 
           (c) In cases where there is a substantial increase or 
        decrease in child care expenses, the parties may modify the 
        order under section 518.64. 
           Sec. 24.  [518.722] [PARENTING EXPENSE ADJUSTMENT.] 
           (a) This section shall apply when the amount of parenting 
        time granted to an obligor is ten percent or greater.  Every 
        child support order shall specify the total percent of parenting 
        time granted to each parent. 
           (b) The obligor shall be entitled to a parenting expense 
        adjustment calculated as follows: 
           (1) find the adjustment percentage corresponding to the 
        percentage of parenting time allowed to the obligor below:  
                 Percentage Range of               Adjustment
                 Parenting Time                    Percentage
        (i)      less than 10 percent              no adjustment
        (ii)     10 percent to 45 percent          12 percent
        (iii)    45.1 percent to 50 percent        presume parenting
                                                   time is equal
           (2) multiply the adjustment percentage by the obligor's 
        basic child support obligation to arrive at the parenting 
        expense adjustment.  
           (c) Subtract the parenting expense adjustment from the 
        obligor's basic child support obligation.  The result is the 
        obligor's obligation after parenting expense adjustment.  
           (d) If the parenting time is equal, the expenses for the 
        children are equally shared, and the parental incomes for 
        determining child support of the parents also are equal, no 
        support shall be paid. 
           (e) If the parenting time is equal but the parents' 
        parental incomes for determining child support are not equal, 
        the parent having the greater parental income for determining 
        child support shall be obligated for basic child support, 
        calculated as follows: 
           (1) multiply the combined basic support by 1.5; 
           (2) prorate the basic child support obligation between the 
        parents, subtract the lower amount from the higher amount and 
        divide the balance in half; and 
           (3) the resulting figure is the obligation after parenting 
        expense adjustment for the parent with the greater adjusted 
        gross income.  
           (f) This parenting expense adjustment reflects the 
        presumption that while exercising parenting time, a parent is 
        responsible for and incurs costs of caring for the child, 
        including, but not limited to, food, transportation, recreation, 
        and household expenses. 
           (g) In the absence of other evidence, there is a rebuttable 
        presumption that each parent has 25 percent of the parenting 
        time for each joint child.  
           Sec. 25.  [518.724] [ABILITY TO PAY; SELF-SUPPORT 
        ADJUSTMENT.] 
           It is a rebuttable presumption that a child support order 
        should not exceed the obligor's ability to pay.  To determine 
        the amount of child support the obligor has the ability to pay, 
        follow the procedure set out in this section: 
           (1) calculate the obligor's income available for support by 
        subtracting a monthly self-support reserve equal to 120 percent 
        of the federal poverty guidelines for one person from the 
        obligor's gross income; 
           (2) compare the obligor's income available for support from 
        clause (1) to the amount of support calculated as per section 
        518.713, clauses (1) to (15).  The amount of child support that 
        is presumed to be correct, as defined in section 518.713, is the 
        lesser of these two amounts; 
           (3) this section does not apply to an incarcerated obligor; 
           (4) if the obligor's child support is reduced under clause 
        (2), then the court must apply the reduction to the child 
        support obligation in the following order: 
           (i) medical support obligation; 
           (ii) child support care obligation; and 
           (iii) basic support obligation; and 
           (5) [MINIMUM BASIC SUPPORT AMOUNT.] if the obligor's income 
        available for support is less than the self-support reserve, 
        then the court must order minimum support as follows: 
           (i) for one or two children, the obligor's basic support 
        obligation is $50 per month; 
           (ii) for three or four children, the obligor's basic 
        support obligation is $75 per month; and 
           (iii) for five or more children, the obligor's basic 
        support obligation is $100 per month. 
        If the court orders the obligor to pay the minimum basic support 
        amount under this paragraph, the obligor is presumed unable to 
        pay child care support and medical support. 
        If the court finds the obligor receives no income and completely 
        lacks the ability to earn income, the minimum basic support 
        amount under this paragraph does not apply. 
           Sec. 26.  [518.725] [GUIDELINE USED IN CHILD SUPPORT 
        DETERMINATIONS.] 
           Subdivision 1.  [DETERMINATION OF SUPPORT OBLIGATION.] (a) 
        The guideline in this section is a rebuttable presumption and 
        shall be used in any judicial or administrative proceeding to 
        establish or modify a support obligation under chapter 518. 
           (b) The basic child support obligation shall be determined 
        by referencing the guideline for the appropriate number of joint 
        children and the combined parental income for determining child 
        support of the parents. 
           (c) If a child is not in the custody of either parent and a 
        support order is sought against one or both parents, the basic 
        child support obligation shall be determined by referencing the 
        guideline for the appropriate number of joint children, and the 
        parent's individual parental income for determining child 
        support, not the combined parental incomes for determining child 
        support of the parents.  
           (d) For combined parental incomes for determining child 
        support exceeding $15,000 per month, the presumed basic child 
        support obligations shall be as for parents with combined 
        parental income for determining child support of $15,000 per 
        month.  A basic child support obligation in excess of this level 
        may be demonstrated for those reasons set forth in section 
        518.714.  
           Subd. 2.  [BASIC SUPPORT; GUIDELINE.] Unless otherwise 
        agreed to by the parents and approved by the court, when 
        establishing basic support, the court must order that basic 
        support be divided between the parents based on their 
        proportionate share of the parents' combined monthly parental 
        income for determining child support, as determined under 
        section 518.712, subdivision 8.  Basic support must be computed 
        using the following guideline: 
         Combined Parental      Number of Children
        Income for
        Determining
        Child Support    One    Two    Three  Four   Five   Six
            $0-  $799    $50    $50    $75    $75   $100   $100
           800-   899     80    129    149    173    201    233
           900-   999     90    145    167    194    226    262
         1,000- 1,099    116    161    186    216    251    291
         1,100- 1,199    145    205    237    275    320    370
         1,200- 1,299    177    254    294    341    396    459
         1,300- 1,399    212    309    356    414    480    557
         1,400- 1,499    251    368    425    493    573    664
         1,500- 1,599    292    433    500    580    673    780
         1,600- 1,699    337    502    580    673    781    905
         1,700- 1,799    385    577    666    773    897  1,040
         1,800- 1,899    436    657    758    880  1,021  1,183
         1,900- 1,999    490    742    856    994  1,152  1,336
         2,000- 2,099    516    832    960  1,114  1,292  1,498
         2,100- 2,199    528    851    981  1,139  1,320  1,531
         2,200- 2,299    538    867  1,000  1,160  1,346  1,561
         2,300- 2,399    546    881  1,016  1,179  1,367  1,586
         2,400- 2,499    554    893  1,029  1,195  1,385  1,608
         2,500- 2,599    560    903  1,040  1,208  1,400  1,625
         2,600- 2,699    570    920  1,060  1,230  1,426  1,655
         2,700- 2,799    580    936  1,078  1,251  1,450  1,683
         2,800- 2,899    589    950  1,094  1,270  1,472  1,707
         2,900- 2,999    596    963  1,109  1,287  1,492  1,730
         3,000- 3,099    603    975  1,122  1,302  1,509  1,749
         3,100- 3,199    613    991  1,141  1,324  1,535  1,779
         3,200- 3,299    623  1,007  1,158  1,344  1,558  1,807
         3,300- 3,399    632  1,021  1,175  1,363  1,581  1,833
         3,400- 3,499    640  1,034  1,190  1,380  1,601  1,857
         3,500- 3,599    648  1,047  1,204  1,397  1,621  1,880
         3,600- 3,699    657  1,062  1,223  1,418  1,646  1,909
         3,700- 3,799    667  1,077  1,240  1,439  1,670  1,937
         3,800- 3,899    676  1,018  1,257  1,459  1,693  1,963
         3,900- 3,999    684  1,104  1,273  1,478  1,715  1,988
         4,000- 4,099    692  1,116  1,288  1,496  1,736  2,012
         4,100- 4,199    701  1,132  1,305  1,516  1,759  2,039
         4,200- 4,299    710  1,147  1,322  1,536  1,781  2,064
         4,300- 4,399    718  1,161  1,338  1,554  1,802  2,088
         4,400- 4,499    726  1,175  1,353  1,572  1,822  2,111
         4,500- 4,599    734  1,184  1,368  1,589  1,841  2,133
         4,600- 4,699    743  1,200  1,386  1,608  1,864  2,160
         4,700- 4,799    753  1,215  1,402  1,627  1,887  2,186
         4,800- 4,899    762  1,231  1,419  1,645  1,908  2,212
         4,900- 4,999    771  1,246  1,435  1,663  1,930  2,236
         5,000- 5,099    780  1,260  1,450  1,680  1,950  2,260
         5,100- 5,199    788  1,275  1,468  1,701  1,975  2,289
         5,200- 5,299    797  1,290  1,485  1,722  1,999  2,317
         5,300- 5,399    805  1,304  1,502  1,743  2,022  2,345
         5,400- 5,499    812  1,318  1,518  1,763  2,046  2,372
         5,500- 5,599    820  1,331  1,535  1,782  2,068  2,398
         5,600- 5,699    829  1,346  1,551  1,801  2,090  2,424
         5,700- 5,799    838  1,357  1,568  1,819  2,111  2,449
         5,800- 5,899    847  1,376  1,583  1,837  2,132  2,473
         5,900- 5,999    856  1,390  1,599  1,855  2,152  2,497
         6,000- 6,099    864  1,404  1,614  1,872  2,172  2,520
         6,100- 6,199    874  1,419  1,631  1,892  2,195  2,546
         6,200- 6,299    883  1,433  1,645  1,912  2,217  2,572
         6,300- 6,399    892  1,448  1,664  1,932  2,239  2,597
         6,400- 6,499    901  1,462  1,682  1,951  2,260  2,621
         6,500- 6,599    910  1,476  1,697  1,970  2,282  2,646
         6,600- 6,699    919  1,490  1,713  1,989  2,305  2,673
         6,700- 6,799    927  1,505  1,730  2,009  2,328  2,700
         6,800- 6,899    936  1,519  1,746  2,028  2,350  2,727
         6,900- 6,999    944  1,533  1,762  2,047  2,379  2,753
         7,000- 7,099    952  1,547  1,778  2,065  2,394  2,779
         7,100- 7,199    961  1,561  1,795  2,085  2,417  2,805
         7,200- 7,299    971  1,574  1,812  2,104  2,439  2,830
         7,300- 7,399    980  1,587  1,828  2,123  2,462  2,854
         7,400- 7,499    989  1,600  1,844  2,142  2,483  2,879
         7,500- 7,599    998  1,613  1,860  2,160  2,505  2,903
         7,600- 7,699  1,006  1,628  1,877  2,180  2,528  2,929
         7,700- 7,799  1,015  1,643  1,894  2,199  2,550  2,955
         7,800- 7,899  1,023  1,658  1,911  2,218  2,572  2,981
         7,900- 7,999  1,032  1,673  1,928  2,237  2,594  3,007
         8,000- 8,099  1,040  1,688  1,944  2,256  2,616  3,032
         8,100- 8,199  1,048  1,703  1,960  2,274  2,637  3,057
         8,200- 8,299  1,056  1,717  1,976  2,293  2,658  3,082
         8,300- 8,399  1,064  1,731  1,992  2,311  2,679  3,106
         8,400- 8,499  1,072  1,746  2,008  2,328  2,700  3,130
         8,500- 8,599  1,080  1,760  2,023  2,346  2,720  3,154
         8,600- 8,699  1,092  1,780  2,047  2,374  2,752  3,191
         8,700- 8,799  1,105  1,801  2,071  2,401  2,784  3,228
         8,800- 8,899  1,118  1,822  2,094  2,429  2,816  3,265
         8,900- 8,999  1,130  1,842  2,118  2,456  2,848  3,302
         9,000- 9,099  1,143  1,863  2,142  2,484  2,880  3,339
         9,100- 9,199  1,156  1,884  2,166  2,512  2,912  3,376
         9,200- 9,299  1,168  1,904  2,190  2,539  2,944  3,413
         9,300- 9,399  1,181  1,925  2,213  2,567  2,976  3,450
         9,400- 9,499  1,194  1,946  2,237  2,594  3,008  3,487
         9,500- 9,599  1,207  1,967  2,261  2,622  3,040  3,525
         9,600- 9,699  1,219  1,987  2,285  2,650  3,072  3,562
         9,700- 9,799  1,232  2,008  2,309  2,677  3,104  3,599
         9,800- 9,899  1,245  2,029  2,332  2,705  3,136  3,636
         9,900- 9,999  1,257  2,049  2,356  2,732  3,168  3,673
        10,000-10,099  1,270  2,070  2,380  2,760  3,200  3,710
        10,100-10,199  1,283  2,091  2,404  2,788  3,232  3,747
        10,200-10,299  1,295  2,111  2,428  2,815  3,264  3,784
        10,300-10,399  1,308  2,132  2,451  2,843  3,296  3,821
        10,400-10,499  1,321  2,153  2,475  2,870  3,328  3,858
        10,500-10,599  1,334  2,174  2,499  2,898  3,360  3,896
        10,600-10,699  1,346  2,194  2,523  2,926  3,392  3,933
        10,700-10,799  1,359  2,215  2,547  2,953  3,424  3,970
        10,800-10,899  1,372  2,236  2,570  2,981  3,456  4,007
        10,900-10,999  1,384  2,256  2,594  3,008  3,488  4,044
        11,000-11,099  1,397  2,277  2,618  3,036  3,520  4,081
        11,100-11,199  1,410  2,298  2,642  3,064  3,552  4,118
        11,200-11,299  1,422  2,318  2,666  3,091  3,584  4,155
        11,300-11,399  1,435  2,339  2,689  3,119  3,616  4,192
        11,400-11,499  1,448  2,360  2,713  3,146  3,648  4,229
        11,500-11,599  1,461  2,381  2,737  3,174  3,680  4,267
        11,600-11,699  1,473  2,401  2,761  3,202  3,712  4,304
        11,700-11,799  1,486  2,422  2,785  3,229  3,744  4,341
        11,800-11,899  1,499  2,443  2,808  3,257  3,776  4,378
        11,900-11,999  1,511  2,463  2,832  3,284  3,808  4,415
        12,000-12,099  1,524  2,484  2,856  3,312  3,840  4,452
        12,100-12,199  1,537  2,505  2,880  3,340  3,872  4,489
        12,200-12,299  1,549  2,525  2,904  3,367  3,904  4,526
        12,300-12,399  1,562  2,546  2,927  3,395  3,936  4,563
        12,400-12,499  1,575  2,567  2,951  3,422  3,968  4,600
        12,500-12,599  1,588  2,588  2,975  3,450  4,000  4,638
        12,600-12,699  1,600  2,608  2,999  3,478  4,032  4,675
        12,700-12,799  1,613  2,629  3,023  3,505  4,064  4,712
        12,800-12,899  1,626  2,650  3,046  3,533  4,096  4,749
        12,900-12,999  1,638  2,670  3,070  3,560  4,128  4,786
        13,000-13,099  1,651  2,691  3,094  3,588  4,160  4,823
        13,100-13,199  1,664  2,712  3,118  3,616  4,192  4,860
        13,200-13,299  1,676  2,732  3,142  3,643  4,224  4,897
        13,300-13,399  1,689  2,753  3,165  3,671  4,256  4,934
        13,400-13,499  1,702  2,774  3,189  3,698  4,288  4,971
        13,500-13,599  1,715  2,795  3,213  3,726  4,320  5,009
        13,600-13,699  1,727  2,815  3,237  3,754  4,352  5,046
        13,700-13,799  1,740  2,836  3,261  3,781  4,384  5,083
        13,800-13,899  1,753  2,857  3,284  3,809  4,416  5,120
        13,900-13,999  1,765  2,877  3,308  3,836  4,448  5,157
        14,000-14,009  1,778  2,898  3,332  3,864  4,480  5,194
        14,100-14,199  1,791  2,919  3,356  3,892  4,512  5,231
        14,200-14,299  1,803  2,939  3,380  3,919  4,544  5,268
        14,300-14,399  1,816  2,960  3,403  3,947  4,576  5,305
        14,400-14,499  1,829  2,981  3,427  3,974  4,608  5,342
        14,500-14,599  1,842  3,002  3,451  4,002  4,640  5,380
        14,600-14,699  1,854  3,022  3,475  4,030  4,672  5,417
        14,700-14,799  1,867  3,043  3,499  4,057  4,704  5,454
        14,800-14,899  1,880  3,064  3,522  4,085  4,736  5,491
        14,900-14,999  1,892  3,084  3,546  4,112  4,768  5,528
        15,000, or     1,905  3,105  3,570  4,140  4,800  5,565
        the amount
        in effect
        under subd. 4
           Subd. 3.  [INCOME CAP ON DETERMINING BASIC SUPPORT.] (a) 
        The basic support obligation for parents with a combined 
        parental income for determining child support in excess of the 
        income limit currently in effect under subdivision 2 must be the 
        same dollar amount as provided for the parties with a combined 
        parental income for determining child support equal to the 
        income in effect under subdivision 2. 
           (b) A court may order a basic support obligation in a child 
        support order in an amount that exceeds the income limit in 
        subdivision 2 if it finds that a child has a disability or other 
        substantial, demonstrated need for the additional support for 
        those reasons set forth in section 518.714 and that the 
        additional support will directly benefit the child. 
           (c) The dollar amount for the cap in subdivision 2 must be 
        adjusted on July 1 of every even-numbered year to reflect 
        cost-of-living changes.  The Supreme Court must select the index 
        for the adjustment from the indices listed in section 518.641, 
        subdivision 1.  The state court administrator must make the 
        changes in the dollar amounts 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. 
           Subd. 4.  [MORE THAN SIX CHILDREN.] If a child support 
        proceeding involves more than six children, the court may derive 
        a support order without specifically following the guidelines.  
        However, the court must consider the basic principles 
        encompassed by the guidelines and must consider both parents' 
        needs, resources, and circumstances. 
           Sec. 27.  [518.729] [WORKSHEET.] 
           The commissioner of human services must create and publish 
        a worksheet to assist in calculating child support under 
        sections 518.54 to 518.729.  The worksheet must not impose 
        substantive requirements other than requirements contained in 
        sections 518.54 to 518.729.  The commissioner must update the 
        worksheet by July 1 of each year.  The commissioner must make an 
        interactive version of the worksheet available on the Department 
        of Human Services Web site.  
           Sec. 28.  [STUDY OF ECONOMIC IMPACT OF CHILD SUPPORT 
        GUIDELINES.] 
           The commissioner of human services shall contract with a 
        private provider to conduct an economic analysis of the child 
        support guidelines contained in this act to evaluate whether the 
        guidelines fairly represent the cost of raising children for the 
        respective parental income levels, excluding medical support, 
        child care, and education costs.  
           The results of the study shall be completed by no later 
        than January 30, 2006.  The private provider must have 
        experience in evaluating or establishing child support 
        guidelines, using the income shares approach, in other states.  
           Sec. 29.  [INSTRUCTION TO THE REVISOR.] 
           The revisor of statutes shall create in the first edition 
        of or supplement to Minnesota Statutes published after June 30, 
        2005, a new chapter which shall be comprised of the provisions 
        of Minnesota Statutes, chapter 518, that relate to the provision 
        of support for children.  The transferred provisions shall be 
        arranged as follows: 
           (1) definitions; 
           (2) computations of basic support and the related 
        calculations, adjustments, and guidelines that may affect the 
        computations; 
           (3) child care support; 
           (4) medical support; 
           (5) ability to pay and self-support reserves; 
           (6) deviation factors; and 
           (7) collection, administrative, and other matters.  
           The new chapter shall be edited by the revisor in 
        accordance with usual editorial practices as provided by 
        Minnesota Statutes, section 3C.10.  If the revisor determines 
        that additional changes are necessary to assure the clarity and 
        utility of the new chapter, the revisor shall draft and propose 
        appropriate legislation to the legislature.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 30.  [APPROPRIATIONS.] 
           $860,000 is appropriated in fiscal year 2006 from the 
        general fund to the commissioner of human services to fund 
        implementation of this act.  $450,000 is appropriated in fiscal 
        year 2007 from the general fund to the commissioner of human 
        services to reimburse counties for their implementation costs.  
        The commissioner of human services shall distribute funds to the 
        counties for their costs of implementation based upon their 
        total county IV-D caseload.  The appropriation base in fiscal 
        year 2008 for grants to counties shall be $450,000. 
           $440,000 is appropriated in fiscal year 2007 from the 
        general fund to the Supreme Court to fund implementation of this 
        act.  This is a onetime appropriation. 
           Sec. 31.  [REPEALER.] 
           Minnesota Statutes 2004, sections 518.171; 518.54, 
        subdivisions 2, 4, and 4a; and 518.551, subdivisions 1, 5a, 5c, 
        and 5f, are repealed.  
           Sec. 32.  [EFFECTIVE DATE.] 
           Except as otherwise provided, this act is effective January 
        1, 2007, and applies to orders adopted or modified after that 
        date.  Sections 1 to 3 of this act are effective July 1, 2005. 
           Presented to the governor May 31, 2005 
           Signed by the governor June 3, 2005, 10:30 a.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569